SomersetREGIONAL COUNCIL

Officer: Madeline DyeTelephone: (07) 5424 4000Our Reference: DA12407Date: 17'" December 2012

Lynda Alcorn288 Blackwall RoadChuwar, QLD 4306

Negotiated Decision NoticeSustainable PlanningAct 2009

RE: Development application for a Material Change of Use for Commercial Premises situated at 196lpswich Street, Esk on land describedas Lot 1 SP242157.

Dear SiriMadam,I wish to advise that Council, on 12th December2012, assessed the representations made on behalf ofyour client for DA 12407, regarding representations about conditions and other matters during theApplicantsAppeal Period in accordancewith Section 361 of SPA. Council's Decision is provided below,together with a copy of the 'Nature of Representations'and 'Council's Planning Response':

1. Council's ResolutionDecision: Moved - Cr Madden Seconded- Cr Brieschke

THAT Council agree to modify the conditions imposed by deletingCondition 1.8."

Reason for DecisionPreser ation of sight line for Lars Andersen House.

2. Nature of the Representations

The nature of the representationsare listed below-APPLICANTSREPRESENTATIONSThe applicant has made the following representations:

Condition 1.8The site plan is to be amended to incorporate the building being located with a zero setback tofront setback and an awning is to be constructedover the footpath for the width of the building.The awning is able to be setback 500mm off the kerb to allow for the existingbus stop.

REPRESENTATIONNO: 1

The applicant has indicated that'they would prefer the building to be setback with the awning built to theboundary.

The applicant has provided the following representations:

1. Translink Bus Stop positioned directly in front of the Proposed Building location - to avoid the buscoming into contact with the awning when manoeuvring from the through traffic lane into the BusStop.

ABN 501 389 582 49Negotiated decision notice-S _i 94337mge Addressall correspondence to - Chief Executive Officer, SomersetRegional Council, PO Box 117, Esk QLD 4312P 07 5424 4000 F 07 5424 4099 E mail@somerset.qld.gov.au W www.somerset.qld.gov.au

2. Visibility of drivers entering and exiting the existing driveway to the property - the awningpositioned over the footpath may reduce the visibility of drivers to oncoming traffic when exiting theproperty access.

3. Disrupting the characteristic/ appearance of existing and possible future development - theproposed building will have an approximate 8m setback from the southern side boundary andapproximate 26m setback from the northern side boundary, therefore will remain a standalonebuilding - the awning over the footpath, with the proposed building pushed so far forward, willdisrupt the characteristic and charm of the existing properties or future buildings. Without theproposed building having a 'common wall' or adjoining/ continuous awning along lpswich Street,having the building so far forward will make it look less appealing and retrieved from its nativelandscaped garden surroundings.

4. Visibility of neighbouring commercial property - the neighbouring commercial property on thenorthern boundary is setback from the front boundary and due to heritage reasonswill remain thisway for the life of the building - an overhanging awning on the proposed building over the footpathwill decrease visibility of the already approved neighbouring commercial property advertisingsignage etc. In all fairness to our existing local business neighbours, we would not want to beresponsible for a decrease in business/turnover due to passing vehicles (potential customers) notbeing able to notice the business until directly upon it.

REQUESTEDCHANGEThe building be approved with the awning at the boundary and the building setback behind the awning.

PLANNING COMMENTSWhile the property is currently located in the residential area of the town of Esk it is logical to expect that inthe future further infill development will occur and the commercial 'area' of the town will extend northtowards Richard Street. It is desirable for new buildings to be consistent with the majority of the existingcommercialdevelopment in the town. Although the applicant has provided examples of buildings that aresetbackfrom the boundary, apart from the building on the corner of Ipswich Street and Peters Street (StihlShop), the remaining examples are historic buildings and in the minority.

Yes it will be some time before demand warrants noticeable expansion, future commercial development inthe main street is intended as far as Richard Street and therefore it is appropriate that a consistentapproach to the built form be developed. The majority of the commercial properties in the mains streethave a zero boundary setback with an awning over the footpath. The condition that has been imposed willensure the building is consistent with the majority of existing and potential future development.

The arguments that the applicant has presented are unlikely to cause actual issues. The awning has beenapproved to ensure it is setback 500mm off the kerb to allow the bus stop to remain functional. Theexisting awnings on other commercial building in the town have a similar setback. The building and awningis proposed to be setback approximately 15 metres from the entrance to the car parking. At this distance itis unlikely that the awning will affect the visibility of drivers accessing the car park. The applicant alsoraises the issue of the proposed building being a 'stand alone' building. There are existing buildings intown that would also be considered 'stand alone'. These buildings do not have a detrimental impact on theexisting surrounding businesses. The proposed building is to be located approximately 45m from theadjoining commercial premises' signage. It is unlikely that the adjoining property will be detrimentallyimpacted by the proposed building.

The applicant has advised that they want the building setback behind the front boundary to allow for amore formal entrance to the building. It is considered this can still be achieved with the building built toboundary.

3. Approval under s.331This application has not been deemed to be approved under section 331 of the SustainablePlanningAct 2009 (SPA).

4. Details of the approvalThe following approvals are given

Sustainable Development PreliminaryPlanning Permit ApprovalRegulation2009, schedule3 reference

Making a Material Changeof Use- Commercial Part 1, table 2, Yes -Premises item 1

5. Referral agenciesThe referral agencies for this application are

For an application involving Name of referral agency Advice Addressagency orconcurrenceagency

Making a Material Change of Use Department of Transport Concurrence PO Box 1600for a Commercial Premises and Main Roads MaroochydoreOld 4558

Making a Material Change of Use Queensland Urban 3" Party GPO Box 2765for a Commercial Premises Utilities Advice Brisbane Old 4001

6. Approved plansThe approved plans and/or documents for this development approval are listed in the following table

pláñidëåim#üùrübjà #fááldóùüiñáåtúám,M%MS@$,Dft- Site Plan

- prepared by Applicant -- Building Plan prepared by total Span for Alcorn -44A infrastructure ChargesNotice Central SEQ 24'" October 2012

Distribution - RetailerAuthority (QUU)44B InfrastructureChargesNotice Somerset Regional 24th October 20Ï2

Council

7. When approval lapses if development not started (s.341)Material Change of UseTo the extent a development approval is for a material change of use of premises, the approvallapses if the first change of use under the approval does not start within the following period (the

relevantperiod)-(a) 4 years starting the day the approval takes effect;(b) If the approval states a differentperiod from when the approval takes effect - the stated

period.

8. Appeal rightsAppealsby applicantsAn applicant for a development application may appeal to the Planning and Environment Court against thefollowing:

? the refusal, or refusal in part of the development application? any condition of a development approval, another matter stated in a development approval and the

identification or inclusion of a code under section 242 of the SPA

? the decision to give a preliminaryapproval when a development permit was applied for

? the length of a period mentioned in section 341

? a deemed refusal of the development application.The timeframes for starting an appeal in the Planningand Environment Court are set out in section 461(2)

of the SPA.

Applicants may also have a right to appeal to the Building and Development Dispute ResolutionCommittee. For more details, see the SPA, chapter 7, part 2.

Attachment 2 is an extract from the SPA which details the applicant's appeal rights and the appeal rightsof any submittersregarding this decision.

Should you wish to discuss this matter further, please contact the Planning& Environment Department bytelephoning the above number.

Yours sincerely

obert B nhief Exe utiv Officer

SCHEDULE 1- GENERAL CONDITIONS

No Condition Timing1.1 Carry out the development in accordance with the material At all times

contained in the development application, supportingdocumentation and the plan(s) listed below, except whereamended by these conditions of approval.

? Site Plan - prepared by Applicant? Building Plan - prepared by Total Span for Alcorn? Infrastructure Charges Notice - QUU Water Supply

and Sewerage Schemes? Infrastructure Charges Notice - Somerset Regional

Council StormwaterNetwork

1.2 Comply with relevant provisions of the Former Esk Shire At all timesPlanning Scheme 2005 (as amended), Planning SchemePolicies and Local Laws.

1.3 A legible copy of this development approval package is to be At all times during theavailable on the premises at all times during construction. construction phase

1.4 Pay to Council any outstanding charges or expenses levied by Before the change happensCouncil over the subject land.

1.5 Obtain Council approval for the demolition or removal of any Before the changeexisting buildings on site necessary for the approved happensdevelopment to proceed.

1.6 Provide screening to a height of 1.8 metres along all Prior to commencementboundaries of the site adjoining land used for residential of Usepurposes. The screening can include planted trees andshrubs, grassed and vegetated earth mounds, the erection ofscreen fences, or any combination of these.

A plan of the proposed screening treatment is to be approvedby the Chief Executive Officer prior to the submission of theBuilding Application.

1.7 Waste collection is only to occur between the hours on 7am At all timesand 6pm Monday to Friday.

SCHEDULE2- Engineering

Assessment ManagerNo Condition Timing

ENGINEERING2.1 Make an Operational Work application to Council and pay the Prior to the

required fees where an application involves any of the commencement offollowing: earthworks, car parks, road works, water supply Operational Work.reticulation system, sewerage reticulation system, andstormwater drainage.

2.2 All works are to be designed and constructed in accordance As part of Operationalwith the requirements of the Somerset RegionalCouncil WorksDevelopmentManual.

2.3 Bear the costs of works carried out to Council and utility Prior to Commencement of

services infrastructure and assets, including any alterations Useand repairs resulting from compliancewith these conditions.

2.4 it is required that the design and construction of civil Prior to Commencementofcomponentsof the Operational Work are to be certified by a UseRegisteredProfessional EngineerQueensland (RPEQ),including:

? Plans and specifications must be prepared and certifiedwith the OperationalWork application.

? Certification that the works have been undertaken inaccordancewith the approved plans, specifications andto Council's requirements.

ElectricitylTelecommunications2.5 Submit developmentapplication to Energex / Telstra to either Prior to commencement

obtain design layout plans or certification letters to Council that of useany existing infrastructure or wayleaves are to their satisfactionand that they can provide services when required.

ROADWORKS2.6 Providewritten approval from the Department of Transport and Prior to OperationalWorks

Main Roads to carry out works on a state controlled road.

2.7 All works on or near roadways must be adequately signed in Prior to commencement ofaccordance with the "Manual for Uniform Traffic Control and during constructionofDevices - Part 3, Works on Roads". A Traffic management worksplan must be prepared and lodged with Council, and anyconditions from Council must be complied with duringconstruction of the works.

2.8 Install all traffic signs in accordance with Manual of Uniform As part ofOperationalTraffic Control Devices Works

FOOTPATHS2.9 Providea full width concrete footpath for the full frontageof the As part of Operational

proposedbuilding and provide a concrete footpath with a width Worksof 1.5 metres the remaining frontageof the site.

VEHICLEACCESS2.10 All vehicles shall enter and leave the site in a forward gear At all times

2.11 All manoeuvring areas shall be designed and enable access As part of Operationalfor an 8.8 meter Service Vehicle or Medium Rigid Vehicle Works(MRV) in Austroads/Standards Australia.

2.12 Landowners are responsible for the construction and As part of Operationalmaintenanceof any vehicularaccess for the property, from the Worksroad carriageway to property boundary in accordance withCouncil'sstandarddrawing SRC-ROAD-013.CAR PARKING

2.13 Provide six (6) on-site car parking spaces, including one (1) for As part of Operationalthe house. Works

All car parking and circulation areas to be provided with sealedsurface, line marking, or be otherwise designed in accordancewith AS2890 and Somerset Regional Council DevelopmentManual. Further, all surfaces must achieve minimumlongitudinal gradients and minimum crossfall in accordancewith AS2890.

2.14 The existing hoop pines are to be retained on the site. At all times

REFUSESTORAGEAREA2.15 Refuse bin storage areas must be provided on the premises Prior to commencement

within a building, outbuilding or other enclosed structure so of usethat it is screened from public view with a minimum 1.5 meterhigh solid fence or wall.

2.16 Provide Waste Collection Areas in such locations so as to Prior to theallow a servicing vehicle to enter and manoeuvre, so as to commencementof theminimize the risk of injury to persons or damage to property, useand leave the property in forward gear.

All stored waste must be removed off-site weekly and morefrequently if considered, by Council, to be necessary.

VISUAL AND GENERALAMENITY2.17 Any graffiti within the proposed developmentmust be removed At all times

immediately.

2.18 The site shall be maintained in a clean orderly state at all At all timestimes.

2.19 All plant and air conditioning is to be visually screened from the At all timesstreet.

OUTDOORLIGHTING2.20 The outdoor lighting of the developmentmust mitigate adverse At all times

lighting and illumination impacts by:? Not causing nuisance by way of light spill or glare at

adjacentproperties and roadways.? Directing lighting onto the subject land and away from

neighbouring properties.? Using shrouding devices to preclude light overspill onto

surrounding properties where necessary.? Not operating lighting that uses sodium lights or flare

plumes.

STORMWATER2.21 Design and construction of all stormwater drainage works must As part of Operational

comply with the relevant section/s of the Queensland Urban WorksDrainage Manual (QUDM) and the Somerset Regional CouncilDevelopmentManual.

2.22 Stormwater Drainage and flows are to have a no worsening At all timeseffect on adjoining, upstream, or downstream landholders.

2.23 Adjoining properties and roadways to the development are to At all timesbe protected from ponding or nuisance from stormwater as aresult of any site works undertaken as part of the proposeddevelopment.

EROSION AND SEDIMENT CONTROL2.24 Erosion and sedimentation controls shall be implemented, as At all times

necessary, and shall be maintained to Council's satisfaction atall times during the course of the project. Should proposedcontrols prove to be ineffective, Council will require thedeveloper to install additional measures.

2.25 All wastes to be managed in accordance with the relevant At all timeslegislation and regulations with regulated waste to be disposedof at a licensed facility by a licensed regulated waste disposalcontractor and general solid waste to be disposed of atapproved landfill sites with the contractor covering all costsincurred for the receipt and management of the waste.

2.26 Where vegetation is removed, the vegetation waste shall be At all timesdisposed of by:

i) Milling;ii) Chipping and/or mulchingiii) Disposal at an approved waste disposal facility.

No incineration of vegetation or waste will be permitted at thesite. Waste other than vegetation waste, generated as a resultof the operationsshall be disposed of to an approved disposalfacility.

SEWERAGE2.27 Submit, with the relevant forms, an application to the Central Prior to request for

SEQ Distribution - Retailer Authority (QUU) for a connection to compliance assessmentthe existing sewer system. All work on live sewer mains is tobe carried out by the Central SEQ Distribution - RetailerAuthority, Queensland Urban Utilities (QUU) at the applicant'sexpense unless permission is given by QUU for the Contractorto undertakethese works under supervision.

2.28 Structures constructed on the development site must be Prior to request forpositioned to comply with one of the following in order of compliance assessmentpreference:

i. No part of a structure, including footings, shall belocated within 1.5m of the outer edge of the Existingsewer main(s), or within 2.0m of the access chamberrespectively;

ii. (ii) If any structure cannot be positioned outside theselimits, the sewer must be located, removed and re-laidaround the proposed structure(s);

iii. (iii) Should (i) and (ii) above be deemed impractical bythe Senior Development Engineer, then the Developermust submit to Council for approval, an Application toBuild Over Infrastructure.

2.29 The Developer must pay the full cost for QUU to provide a Prior to request forsuitable connection into the existing sewerage reticulation compliance assessmentsystem. All works on live sewers must be carried out by QUUat the Developer'sexpense.

WATERSUPPLY2.30 Submit, with the relevant forms, an application to the Central Prior to request for

SEQ Distribution - Retailer Authority (QUU) for a connection to compliance assessmentthe existing water main/s. All work on live water mains is to becarried out by the Central SEQ Distribution - RetailerAuthority, Queensland Urban Utilities (QUU) at the applicant'sexpense unless permission is given by QUU for the Contractorto undertakethese works under supervision.

2.31 The Developermust lodge a private works request for QUU to: Prior to request for

a) Supply and install a suitable metered water connection compliance assessmentfor each proposed building;

b) Amend the existing connection if necessary; andc) Seal off any existing water connections if necessary.

2.32 The relevant fees must be paid and evidence of payment Prior to request forsubmitted to Council in conjunction with any application for compliance assessmentsigning of plan of survey.

2.33 Developmentisio comply with Australian StandardAS4970 At all timesProtection of Trees on Development Sites

SCHE DULE 3 - EnvironmentalAssessmentManagerNo. Condition Timing3.1 All buildings, structures, fittings, fixtures and grounds forming At all times

part of this development approval must be maintained -? In a serviceable condition; and? In a state of good repair and efficient action; and? In a clean, sanitary condition; and? Free of accumulated disused materials; and? Free of vermin and pest infestations.

3.2 All solid, semi-solid and liquid waste generated from the Before the changeconstruction and occupation of this approved development happensmust be collected and disposed of by Council's contractor orother Council approved waste collector unless otherwiseapproved by Council.

3.3 All construction / demolition or other waste is to be removed Before the changefrom the site and deposited at an approved waste disposal happensfacility in a manner acceptable to Somerset Regional Councilunless otherwiseauthorised by Council.

3.4 The holder of this developmentapproval must not: At all times? Burn or bury waste generated in association with this

development approval at or on the development site;nor

? Allow waste generated in association with thisdevelopment approval to burn or be burnt or buried at Ior on the developmentsite; nor

? Stockpile any waste on the development site.

3.5 The holderof this developmentapproval must not: Before the Certificate of? Release stormwater runoff into a roadside gutter/swale, Classification for the

stormwater drain or water that results in a build-up of buildingwork is issuedsand, silt or mud in the gutter, drain or water; or

? Deposit sand, silt . or mud in a roadside gutter,stormwater drain or water; or in a place where it couldreasonably be expected to move or be washed into aroadside gutter/swale, stormwater drain or water andresult in a build-up of sand, silt or mud in the gutter,drain or water.

SCHE DULE 4 - INFRASTRUCTURE CHARGES NOTICEWater Supply Network and Sewerage NetworkCentral SEQ Distribution - Retailer Authority (QUU)

Infrastructure Charges Notice (ICN) attached to Decision Notice

4.1 This infrastructure Charges Notice is issued by Somerset Regional Council underdelegation from the Central SEQ Distribution- Retailer Authority (QUU) and relates to

charges for the purpose of water and wastewater network owned by the Central SEQDistribution- Retailer Authority (QUU).

Somerset Regional Council has imposed the following InfrastructureCharges for WaterSupply Network and Sewerage Network as conditions of development approval forDA12407 for Material Change of Use (CommercialPremise) on land described as Lot 1on SP242157 and situated at 196 Ipswich Street, Esk.

Amount: $13,398Subject land: Lot 1 on SP242157

196 Ipswich Street, Esk

Relevant Trunk Infrastructure Network: Esk Water Supply & Sewerage SchemesApplicable Planning Scheme: Former Esk Shire Planning Scheme 2005 (as

amended)Payable to: Central SEQ Distribution - Retailer Authority

(QUU)When the charge is payable: Before the Change of Use happens.Charge rate stated for MCU (Commercial-Retail) Water supply = $1,911Water Supply Network = $9.10 x 210m2of GFA Sewerage = $11,487

Sewerage Network = $54.70 x 210m2 of GFA

Number of units of demand for which a credit Water: 1has been given: Sewerage: 1

SCHEDULE 5 - INFRASTRUCTURECHARGES NOTICEStormwaterNetwork & Transport NetworkSomersetRegional Council

InfrastructureCharges Notice (ICN)attachedto Decision Notice5.1 Somerset Regional Council has imposed the following Infrastructure Charges for

Stormwater Network and Transport Network as conditions of developmentapproval forDA12407 for Material Change of Use (CommercialPremise) on land described as Lot 1on SP242157and situated at 196 Ipswich Street, Esk.

Amount: $8,787Subject land: Lot 1 on SP242157

196 Ipswich Street, EskRelevant Trunk Infrastructure Network: Esk Stormwater Network

Applicable Planning Scheme: Former Esk Shire Planning Scheme 2005 (asamended)

Payable to: Somerset Regional CouncilWhen the charge is payable: Before the Change of Use happens.Charge rate stated for MCU (Commercial

- Stormwater Network:Retail)Stormwater Network = $10.10 per impervious Total impervious area:m2 870m2 x 10.10 = $8,787

Number of units of demand for which a credit Stormwater Network: 1has been given:

SCHEDULE6-REFERRALAGENCYDEPARTMENTOF TRANSPORT& MAIN ROADS

Concurrence Agency StatusAgency Response:RecommendConditions Apply6.1 The Queensland Department of Transport& Main Roads is a concurrence agency under

the Sustainable Planning Regulation 2009 (SPR) for the purposes of the TransportInfrastructureAct 1994.

The Department has assessed the impact of the proposed development on the State-controlled road networkand requires Council to include the 'conditionsof development' inthe Schedules of Approval as indicated on the attached Statement of Reasons.Reference: TMR12-002167 - dated 31 July 2012.

6.2 The Department of Transport & Main Roads Referral Agency response (Conditions andStatement of Reasons) will be attached to Council's Decision Notice for DA 12407.

AdviceThis approval has effect in accordance with the provisions of Division 5 Section 339 of theSustainable Planning Act 2009. [A copy of Section 339 will be enclosed with the DecisionNotice]

Relevant Period - Pursuant to Section 341 of the 'Act' the approval will lapse if the first changeof the use under the approval does not start within the 'relevant period' - four (4) years startingthe day the approval takes effect.

The Sustainable Planning Act 2009 (SPA) states that any change to the use or the scale orintensity of the approved use requires the submission of a new developmentapplication andsubsequentdevelopmentapproval.

Separate developmentapproval is required for any building work and plumbing/drainage worknecessitated by the conditionscontained in this approval.

All building work is to comply with the provisions contained in the Building Act; the BuildingRegulation, the Building Code of Australia, the Queensland DevelopmentCode and relevantAustralianStandards.

All plumbing and drainage work is to comply with the provisions contained in the QueenslandSewerage and Water Supply Act, Standard Sewerage Law and the Standard Water Supply Law,the relevant Australian Standards including AS/NZS 3500 - 1998 - National Plumbing andDrainage Code and Council Policies and requirements.

Dust pollution arising from the construction and maintenance of the works required by thisapproval are the applicant's responsibility. The applicant must comply with any lawful instructionfrom Council's Manager of Operations if in his opinion a dust nuisance exists.

All works shall be carried out in accordancewith the Workplace, Health & Safety Act 1995 (asamended)and the WorkplaceHealth and Safety Regulation 1997 (as amended).

Pursuant to Division 8 Section 461 of the SustainablePlanningAct 2009, the Applicant has theRight of Appeal to the Planning & Environment Court regarding any condition of this approval;another matter stated in the developmentapproval and the identification or inclusion of a codeunder section 242 of the 'Act'. [A copy of the Right ofAppeal will be enclosedwith the DecisionNotice]

DAlagol - ATTAcumew -RPD.

LOT1 SP242151PARISH OF ESK - p

a o ,Pp

Rs 2 o

E 3

- . J

, .2 i .

?_. .. ._ - .... ..... ... _ ... 135*25217. -.-v -> - - -- --

c

APPROVEDSomersetRegiona ouncilASSESS T AGER .

sP

7

. mesan

__...-t - --

APPROVEDSomerset Regional CouncilASSESSMEN AGER

-41-

OJ/ad-d3o Sorrïerset

REGIONAL COUNCIL

Somerset Regional Councilsomerset

--- INFRASTRUCTURECHARGES NOTICE NO: 44A

This infrastructure Charges Notice is issued by Council under delegationfrom the CentralSEQDistribution - RetailerAuthority (QUU) and relates to charges for the purpose of waterand wastewaternetworkowned by the Central SEQ Distribution - RetailerAuthority(QUU).

Somerset Regional Council has imposed the following InfrastructureCharge/s as a conditionof developmentapproval for DA12407 for Material Change of Use (CommercialPremise)on land describedas Lot 1 on SP242157

nd situated at 196 Ipswich Street, Esk.

To: Lynda Alcorn288 Blackwall RoadCHUWAR QLD 4306

Date of issue: 24* October 2012Application No: DA12407ApplicationType: MCU

Note: This ICN may be given to the applicant and/or the owner dependingupon the type of applicètion.

Amount: $13,398

Subject Land: 1,ot 1 on SP242157

196 IpswichStreet, Esk

When the charge is payable: Refer to page 2 ,

RelevantTrunk InfrastructureNetwork: Esk WaterSupply & SewerageSchemes

Payable to: Central SEQ Distribution- Retail r Authority (QUU)

Relevant Units of Demand: Water. $9.10 x 210m2 Sewerage: $54.70 x 210m2

Unit Charge Rate Stated- InfrastructureCharges Schedule: Water. $1,911 Sewerage:$11,487

Inflationadjustmentapplies: 0 Yes O No

Numberof units of demand for which a credit has been given: Water 1 Sewerage: 1

nL>\si.>Ul

.:>os

.>on 4Council Chambers- 2 RedbankStreet, Esk QLD 4312Addressall correspondence to - ChiefExecutive Officer,Somerset RegionalCouncil,PO Box 117, Esk QLD 4312P 07 5424 4000 F 07 5424 4099 E mail@somerset.qld.gov.auW www.somerset.qld.gov.au

Timing of Payment:

O (a) If the charge applies to reconfiguring a lot that is assessable development or developmentrequiringcompliance assessment- before the local governmentapproves the plan of subdivision.

Ø (b) If the charge appliesto material change of use - before the change of use happens

O (C) If the charge applies to building work - before the certificateof classificationfor the building work isissued

O (d) If paragraphs (a), (b) and (c) do not apply, the day stated in the infrastructurecharges notice orNegotiated InfrastructureCharges Notice

Alternatives to paying infrastructure charges

(a) The local government may enter into an infrastructureagreement involvinga contribution in a form otherthan infrastructurecharge.

(b) In respect of trunk infrastructure that is land, a noticemay be given in addition to or instead of anInfrastructureCharges Notice requiring the land be given to the local government in fee simple.

General Information

Related payments The total infrastructure charge may be altered having regard to other infrastructure chargesand by provision of paid for the particular property or whether it has been offset through the provision ofinfrastructure infrastructurethrough an infrastructureagreement(s).

Credit When calculating an infrastructure charge for premises, any demand associated with theexisting lawful use of the premisesmust receive a credit.

Authority for The infrastructure charges in this notice are payable in accordance with section 632 of theSustainable Planning Act 2009 as amended by clause 755K of the South-East Queenslandcharge Water (Distribution and Retail Restructuring) and OtherLegislationAmendment Bill 2010.

Pursuant to section 478 of the Sustainable Planning Act 2009 a person rnay appeal anAppeals infrastructure charges notice. (Refer to clause 755W South-East Queensland Water

(Distribution and Retail Restructuring)and Other LegislationAmendmentBill 2010).

The Federal Government has determined that contributions made by developers toGST Govemment for Infrastructure and services under the Sustainable Planning Act are GST

exempt.

Enquiries regarding this infrastructure charges notice should be directed to Somerset RegionalEnquiries Council- Ph: (07) 5424 4000 or email: mail@somerset.qld.gov.au.

Robert BainChief Executive O cerG:\Planning & Developrnent\ lannin DevelopmentApplications\2011-2012\MATERIAL CHANGE OF USE APPLICATIONS\DA12407-Alcorn\lnfrastructure C arge Notice or QUU -19.9.12.doc

REGIONAL COUNCIL

seemet Somerset Regional CouncilREGIONAL COUNCIL

ADOPTED INFRASTRUCTURECHARGES NOTICE NO: 44B

Somerset RegionalCouncil has imposed the following Adopted InfrastructureCharge as a condition ofdevelopmentapproval for DA12407for Material Changeof Use (Commercial Premise) on land describedas Lot 1

on SP242157and situated at 196 Ipswich Street, Esk.

To; Lynda Alcorn288 Blackwall RoadCHUWAR QLD 4306

Date pf issue: 24* October 2012Application No: DA12407Application Type: MCU

Note: This AICN may be given to the applicant and/or the owner dependingupon the type of application.

Amount: $8,787

Subject Land: Lot 1 on SP242157

196 IpswichStreet, Esk

Relevant Trunk infrastructurêNetwork: Esk StormwaterNetwork

Payable to: SomersetRegional Council

When the charge is payable: Refer to second page.

RelevantUnits of Demand: Stormwater:$10.10 x 870m*

Unit Charge Rate Stated-Adopted InfrastructureCharges Schedule: Stormwater: $8,787

Inflationadjustment applies: Ø Yes El No

Numberof units of demand for which a credit has been given: Stormwater: 1

ABN501 389 582 49CouncilChambers- 2 Redbank Street, Esk QLD4312Addressall correspondenceto - Chief ExecutiveOfficer, Somerset RegionalCouncil,PO Box 117, Esk QLD 4312P 07 5424 4000 F 07 5424 4099 E mail@somerset.qld.gov.auW www.somerset.qld.gov.au

Timing of Payment:

O (a) If the charge applies to reconfiguring a lot that is assessable developmentor.developmentrequiringcompliance assessment - before the local governmentapproves the plan of subdivision.

Ø (b) If the charge applies to material change of use - before the changeof use happens

D (C) If the charge applies to building work - before the certificateof classificationfor the building work isissued

D (d) If paragraphs(a), (b) and (c) do not apply, the day stated in the infrastructurechargesnotice orNegotiated InfrastructureCharges Notice

Alternatives to paying infrastructurecharges

(a) The local governmentmay enter into an infrastructureagreement involving a contribution in a form otherthan infrastructurecharge.

(b) In respect of trunk infrastructure that is land, a noticemay be given in addition to or instead of anAdopted InfrastructureCharges Notice requiring the land be given to the local governmentin fee simple.

General Information

Related payments The total infrastructure charge may be altered having regard to other infrastructure chargesand by provision of paid for the particular property or whether it has been offset through the provision ofinfrastructure infrastructurethrough an infrastructureagreement(s).

Credit When calculating an infrastructure charge for premises, any demand associated with theexisting lawful use of the premisesmust receivea credit.

Authority for The infrastructurecharges in this notice are payable in accordance with section 632 of theSustainable Planning Act 2009 as amended by clause 755K of the South-East Queenslandcharge Water (Distributionand Retail Restructuring)and Other LegislationAmendment Bill 2010.

Pursuant to section 478 of the Sustainable Planning Act 2009 a person may appeal anAppeals infrastructure charges notice. (Refer to clause 755W South-East Queensland Water

(Distribution and Retail Restructuring) and Other Legislation AmendmentBill 2010).

The Federal Govemment has determined that contributions made by developers toGST Government for Infrastructure and services under the Sustainable Planning Act are GST

exempt.

Enquiries Enquiries regarding this infrastructurecharges notice should be directed to SomersetRegionalCouncil- Ph: (07) 5424 4000 or email:mail@somerset.gid.gov.au.

RobertBainChief Executiv Offic r

:\Planning& Develop ent\Pla ing\DevelopmentApplications\2011-2012\MATERIAL CHANGE OF USEAPPLICATIONS\DA12407-corn\lnfrastructu C rges N ice forSRC - 19.9.12.doc

QueenslandGovernment

31 July 2012

The Chief ExecutiveOfficerSomersetRegional CouncilPO Box 117Esk QLD 4312

Attention: MadelineDye

Dear Sir/Madam

CONCURRENCE AGENCY RESPONSE- CONDITIONS

ProposedDevelopment: DevelopmentPermit for Material Change of Use (Commercial· Premises)

Real Property Description: Lot 1SP242157StreetAddress: . 196 Ipswich Street, Esk QLD 4312AssessmentManagerref.: DA12407Local GovernmentArea: Somerset RegionalCouncil

Reference is made to the referral agencymaterialfor the developmentapplication describedabove which was received by the Department of Transport and Main Roads (thedepartment) under section 272 of theSustainablePlanningAct 2009 (SPA)on 4 April 2012.

An assessmentof the proposeddevelopmenthas been undertakenagainst the purposesofthe Transport Infrastructure Act 1994 for state-controlled roads. Based on this jurisdiction,the departmentprovides this concurrenceagency responseunderSection285 of the SPA.

The department advises the assessmentmanager that it requires conditions to attach to anydevelopmentapproval for the application. The departmentwould also like to provide adviceabout the applicationto the assessmentmanagerunder Section 287(6)of the SPA.

UnderSection 325(1)of the SPA, the assessment managermust therefore attach thisresponse, includingthe enclosed DepartmentofTransport and Main Roads ConcurrenceAgency Conditions and Statementof Reasons, to any approval for the application.

Departmentof Transportand MainRoads Our ref TMR12-002167Program Denveryand operations Your rer DA12407North Coast Region / SunshineCoast Omco Enquiries Lena Hobson12 FirstAvenueMaroochydoreQueensland4558 Telephone +61 7 5370 5555PO Bor1800 Sunshine Plaza Post Shop Maroochydore Facsimile +61 7 53705598oueensland4558

Website www.tmr.gid.gov.auEmail sunshinecoast.omce@tmr.qld.gw.au

Page 1 of 2

The departmentmay change its concurrenceagency response in accordancewith Section290(1)(b) of the SPA.

The department must be provided with a copy of the assessment managers decision noticeregarding the application within five (5) business days after the day the decision is rnade inaccordance with Section 334 of the SPA.

A copy of this response has?beensent to the applicantfor their information.

If you have any questions or wish to seek clarificationabout any of the details in thisresponse, please contactLena Hobson on 07 5370 5555.

Yourssincerely

Stuart DuncanPrincipalAdvisor (DevelopmentAssessment)

Enc. (1)

C/c LyndaAlcorn288 Blackwall RoadChuwal OLD 4306

QueenslandGovernment

Our ref.: TMR12-002167Your ref.:

C/c LyndaAlcom288 Blackwall RoadChuwal OLD 4306

Attention: LyndaAlcorn

Please find attached correspondence foryour information and action as required. Shouldyou wish to discuss this correspondence,please contact Lena Hobson on 07 5370 5555.

Yours sincerely

Stuart DuncanPrincipal Advisor(DevelopmentAssessment)

31 July 2012

Enc. (2)

- 48 .Page 1 of 1

Que

enS

land

Gov

ernm

ent

Dep

artm

ent

ofT

rans

port

and

Mai

nR

oads

Con

curr

ence

Age

ncy

Con

ditio

nsan

dS

tate

men

tof

Rea

sons

Pro

pose

dD

evel

opm

ent:

Dev

elop

men

tP

erm

itfo

rM

ater

ial

Cha

nge

ofU

se(C

omm

erci

alP

rem

ises

)

Rea

lP

rope

rty

Des

crip

tion:

Lot

1SP

2421

57

Str

eet

Add

ress

:19

6Ip

swic

hS

tree

t,E

skQ

LD43

12

Ass

essm

ent

Man

ager

ref.:

DA

1240

7

Loca

lG

over

nmen

tA

rea:

Som

erse

tR

egio

nal

Cou

ncil

1D

evel

opm

ent

mus

tbe

carr

ied

out

gene

rally

inac

cord

ance

with

the

Prio

rto

the

com

men

cem

ent

The

purp

oses

ofth

eT

rans

port

/n/r

astr

uctu

reA

ct

.hfo

llow

ing

plan

/san

dre

port

/s,

exce

ptas

mod

ified

byth

ese

ofus

ean

dto

bem

aint

aine

d19

94.

conc

urre

nce

agen

cyco

nditi

ons:

atal

ltim

es.

?P

ropo

sed

Dev

elop

men

tP

lan

prep

ared

byB

iarr

aE

stat

eda

ted

1.

The

Dep

artm

ent

ofT

rans

port

and

Mai

nR

oads

'

Mar

ch20

12.

asse

ssm

ent

ofth

ede

velo

pmen

tap

plic

atio

nw

as

?C

ivil

Wor

ksP

lan

prep

ared

byLi

ndsa

yC

onsu

lting

Pty

Ltd

date

dun

dert

aken

onth

eba

sis

ofth

eci

ted

plan

/san

d/or

25Ju

ly20

12,

Dra

win

gN

umbe

r12

-033

5-C

2,S

heet

2,R

evB

.re

port

/sw

hich

depi

ctho

wth

epr

opos

ed

?G

ener

alN

otes

Pla

npr

epar

edby

Lind

say

Con

sulti

ngP

tyLt

dde

velo

pmen

tw

illbe

carr

ied

out.

date

d28

June

2012

,D

raw

ing

Num

ber

12-0

335-

01,

She

et1,

Rev

A.

2T

hepe

rmitt

ed"le

ft-in

/left-

out"

road

acce

sslo

catio

nfo

rth

eP

rior

toth

eco

mm

ence

men

tT

hepu

rpos

esof

the

Tra

nspo

rf/n

fras

truc

ture

Act

deve

lopm

ent

isbe

twee

nLo

t1S

P24

2157

and

Ipsw

ich

Str

eet

ofus

ean

dto

bem

aint

aine

d19

94(T

IA).

gene

rally

inac

cord

ance

with

the

Civ

ilW

orks

Pla

npr

epar

edby

atal

ltim

es

Lind

say

Con

sulti

ngP

tyLt

dda

ted

25Ju

ly20

12,

Dra

win

gN

umbe

rV

ehic

ular

acce

ssat

the

perm

itted

road

acce

ss

12-0

335-

C2,

She

et2,

Rev

B.

loca

tion

min

imis

esim

pact

son

the

safe

tyan

d

effic

ienc

yof

the

stat

e-co

ntro

lled

road

netw

ork.

Pag

e

iof7

Gov

ernm

ent

Dire

ctve

hicu

lar

acce

ssis

not

perm

itted

betw

een

Ipsw

ich

Str

eet

and

the

subj

ect

site

atan

ylo

catio

not

her

than

the

perm

itted

road

.

Com

men

tsor

addi

tiona

lin

form

atio

n:

acce

sslo

catio

n.T

his

isa

deci

sion

unde

rse

ctio

n62

(1)

ofth

eT

IA

inco

njun

ctio

nw

itha

deve

lopm

ent

appr

oval

for

ape

rmitt

edro

adac

cess

loca

tion.

3V

ehic

les

mus

ten

ter

and

exit

the

subj

ect

site

atth

epe

rmitt

edro

adA

tal

ltim

esT

hepu

rpos

esof

the

Tra

nspo

rt/n

/ras

truc

ture

Act

acce

sslo

catio

nin

afo

rwar

ddi

rect

ion.

1994

.

The

sem

ovem

ents

will

min

imis

eim

pact

son

the

safe

tyan

def

ficie

ncy

ofth

est

ate-

cont

rolle

dro

ad

netw

ork.

4(a

)T

heap

plic

ant

mus

tco

nstr

uct

the

driv

eway

atth

epe

rmitt

ed(a

)&

(b)&

(c)

The

purp

oses

ofth

eT

rans

port

/nfr

astr

uctu

reA

ct

road

acce

sslo

catio

nge

nera

llyas

show

non

the

Gen

eral

Not

esP

rior

toth

eco

mm

ence

men

tf9

94(T

IA).

Pla

npr

epar

edby

Lind

say

Con

sulti

ngP

tyLt

dda

ted

28Ju

ne20

12,

ofus

ean

dto

bem

aint

aine

d

Dra

win

gN

umbe

r12

-033

5-01

,S

heet

1,R

evA

and

inac

cord

ance

atal

ltim

es.

The

rem

oval

ofth

eca

rpa

rks

isne

cess

ary

to

with

the

Dep

artm

ent

ofT

rans

port

and

Mai

nR

oads

'R

oad

Pla

nnin

gm

inim

ise

conf

lict

poin

tsen

surin

gth

esa

fety

and

and

Des

ign

Man

ual,

Man

ual

ofU

nifo

rmT

raffi

cC

ontr

olD

evic

es(d

)ef

ficie

ncy

ofth

est

ate-

cont

rolle

dro

adne

twor

k.

(MU

TC

D)

and/

orre

leva

ntlo

cal

gove

rnm

ent

stan

dard

s.P

rior

toob

tain

ing

afin

al

insp

ectio

nce

rtifi

cate

orS

igna

geis

requ

ired

tom

inim

ise

impa

cts

onth

e

AtlD

.ce

rtifi

cate

ofcl

assi

ficat

ion,

safe

tyan

def

ficie

ncy

ofth

est

ate-

cont

rolle

dro

ad

whi

chev

eris

appl

icab

le,

orne

twor

k.

(b)

The

appl

ican

tm

ust

rem

ove

the

line

mar

king

for

the

affe

cted

prio

rto

the

com

men

cem

ent

car

park

son

Ipsw

ich

Roa

dth

atco

nflic

tw

ithth

ero

adac

cess

wor

ksof

use,

whi

chev

eroc

curs

first

Com

men

tsor

addi

tiona

lin

form

atio

n:

atth

epe

rmitt

edro

adac

cess

loca

tion.

Inac

cord

ance

with

sect

ion

33of

the

TIA

,yo

u

mus

tha

vew

ritte

nap

prov

alto

carr

you

tro

ad

Que

ensl

and

.G

over

nmen

t,

AN

Dw

orks

,in

clud

ing

road

acce

ssw

orks

ona

stat

e-co

ntro

lled

road

.T

hese

deve

lopm

ent

(c)

The

appl

ican

tm

ust

prov

ide

a'N

oR

ight

Tur

n'an

dot

her

rela

ted

cond

ition

sdo

not

cons

titut

esu

chap

prov

al.

You

sign

age

atth

eap

prov

edac

cess

gene

rally

assh

own

onth

eC

ivil

-w

illne

edto

cont

act

the

Dep

artm

ent

ofT

rans

port

Wor

ksP

ian

prep

ared

byLi

ndsa

yC

onsu

lting

Pty

Ltd

date

d25

July

and

Mai

nR

oads

on07

5370

5555

tom

ake

an

Î012

,D

raw

ing

Num

ber

12-0

335-

C2,

She

et2,

Rev

Ban

din

appl

icat

ion

for

appr

oval

unde

rse

ctio

n33

ofth

e

acco

rdan

cew

ithth

eM

UT

CD

.T

IAto

carr

you

tro

adw

orks

.

AN

DT

heD

epar

tmen

tof

Tra

nspo

rtan

dM

ain

Roa

ds'

tech

nica

lst

anda

rds

and

publ

icat

ions

can

be

(d)

The

appl

ican

tm

ust

prov

ide

RP

EQ

cert

ifica

tion

toth

eac

cess

edat

Dep

artm

ent

ofT

rans

port

and

Mai

nR

oads

.that

the

wor

ksha

sbe

enht

tp://

ww

w.tm

r.ql

d.go

v.au

/Bus

ines

s-in

dust

ry/T

echn

ica

desi

gned

and

cons

truc

ted

inac

cord

ance

with

part

s(a

),(b

)an

d(c

)l-s

tand

ards

-pub

licat

ions

.asp

x.

ofth

isco

nditi

on.

5(a

)T

hem

anag

emen

tof

stor

mw

ater

(qua

ntity

and

qual

ity)

post

(a)

&(b

)T

hepu

rpos

esof

the

Tra

nspo

rtin

fras

truc

ture

Act

deve

lopm

ent

mus

tac

hiev

ea

now

orse

ning

impa

ct(o

nth

eP

rior

toth

eco

mm

ence

men

t19

94.

ptis

-dev

elop

men

tco

nditi

on)

calc

ulat

eddu

ring

ara

nge

ofA

vera

geof

use

and

tobe

mai

ntai

ned

Rec

urre

nce

Inte

rval

(AR

I)ev

ents

inac

cord

ance

with

the

atal

ltim

ess

The

safe

tyan

def

ficie

ncy

ofst

ate-

cont

rolle

dro

ads

Dep

artm

ent

ofT

rans

port

and

Mai

nR

oads

'R

oad

Dra

inag

eM

anua

l,ca

nbe

adve

rsel

yaf

fect

edby

chan

ges

to

the

Que

ensl

and

Urb

anD

rain

age

Man

ual,

Env

ironm

enta

lP

mte

ctio

n(c

)st

orm

wat

erru

noff

asa

resu

ltof

deve

lopm

ent.

Act

1994

,an

dE

nvin

nmen

tal

Pro

tect

ion

(Wat

er)P

olic

y20

09.

InP

rior

toob

tain

ing

afin

al

part

icul

ar,

stor

mw

ater

man

agem

ent

for

the

deve

lopm

ent

mus

tin

spec

tion

cert

ifica

teor

Add

ition

alco

mm

ents

orin

form

atio

n:

ensu

reno

wor

seni

ngor

actio

nabl

enu

isan

ceto

the

stat

e-co

ntro

lled

cert

ifica

teof

clas

sific

atio

n,P

leas

ere

fer

toth

eD

epar

tmen

tof

Tra

nspo

rtan

d

pad

netw

ork

caus

edby

peak

disc

harg

es,

flood

leve

ls,

whi

chev

eris

appl

icab

le,

orM

ain

Roa

ds'

Roa

dD

rain

age

Man

uai

whi

chca

n

freq

uenc

y/du

ratio

nof

flood

ing,

flow

velo

citie

s,w

ater

qual

ity,

prio

rto

the

com

men

cem

ent

beac

cess

edat

sedi

men

tatio

nan

dsc

our

effe

cts.

ofus

e,w

hich

ever

occu

rsfir

stht

tp://

ww

w.tm

r,ql

d.go

v.au

/Bus

ines

s-in

dust

ry/T

echn

ica

Pag

eS

of7

ueen

slan

d

Gov

ernm

ent

1-st

anda

rds-

publ

icat

ions

.asp

x.

AN

D

Fur

ther

guid

ance

rega

rdin

gst

orm

wat

er

(b)

Any

exca

vatio

n,fil

ling,

pavi

ng,

land

scap

ing,

cons

truc

tion

orm

anag

emen

tis

also

prov

ided

inth

eQ

ueen

s/an

d

any

othe

rw

orks

toth

ela

ndm

ust

not:

Urb

anD

rain

age

Man

ual

avai

labl

eat

i.cr

eate

any

new

disc

harg

epo

ints

for

stor

mw

ater

runo

ffw

ww

.der

m.q

ld.g

ov.a

uan

din

the

Env

ironm

enta

l

onto

the

stat

e-co

ntro

lled

road

Pro

tect

ion

Act

1994

and

Env

ironm

enta

lP

rote

ctio

n

li.In

terf

ere

with

and/

orca

use

dam

age

toth

eex

istin

g(W

ater

)Pol

icy

2009

whi

char

eav

aila

ble

at

stor

mw

ater

drai

nage

onth

est

ate-

cont

rolle

dro

ad;

ww

w.le

gisl

atio

n.ql

d.go

v.au

lii.

surc

harg

ean

yex

istin

gcu

lver

tor

drai

non

the

stat

e-co

ntro

lled

road

;

iv,

redu

ceth

equ

ality

ofst

orm

wat

erdi

scha

rge

onto

the

stat

e-co

ntro

lled

road

.

AN

D

(c)

The

appl

ican

tm

ust

prov

ide

RP

EQ

cert

ifica

tion

toth

e

Dep

artm

ent

ofT

rans

port

and

Mai

nR

oads

that

the

deve

lopm

ent

has

been

desi

gned

and

cons

truc

ted

inac

cord

ance

with

part

s(a

)

and

(b)

ofth

isco

nditi

on.

6T

heap

plic

ant

mus

ten

sure

that

the

deve

lopm

ent

achi

eves

the

Prio

rto

the

com

men

cem

ent

The

purp

oses

ofth

eT

rans

port

/nfr

astr

uctu

reA

ct

follo

win

gen

viro

nmen

tal

emis

sion

(noi

se)

crite

ria:

ofus

ean

dto

bem

aint

aine

d19

94.

?In

tern

alno

ise

crite

riaof

<45

dB(A

)Le

g(1

hr)

(max

imum

hour

atal

ltim

es

durin

gno

rmal

open

ing

hour

s).

The

deve

lopm

ent

iscr

eatin

ga

nois

ese

nsiti

veus

e

inpr

oxim

ityto

astat

e-co

ntro

lled

road

.

Pag

e4o

f7

I

Que

ensl

and

.G

over

nmen

t

7(a

)T

heap

plic

ant

mus

tpr

ovid

ea

foot

path

alon

gth

efr

onta

geof

Lot

(a)

The

purp

oses

ofth

eT

rans

port

/n/r

astr

uctu

reA

ct1S

P24

2157

inac

cord

ance

with

AU

ST

RO

AD

SG

uide

toR

oad

Prio

rto

the

com

men

cem

ent

1994

(TIA

),be

sign

-P

art

6A:

Ped

estr

ian

and

Cyc

list

Pat

hs20

09.

ofus

e

itis

inth

eD

epar

tmen

tof

Tra

nspo

rtan

dM

ain

AN

D(b

)R

oads

'in

tere

stto

ensu

reth

est

ate-

cont

rolle

d

Prio

rto

obta

inin

ga

final

road

isto

asu

itabl

est

anda

rd.

(b)

The

appl

ican

tm

ust

prov

ide

RP

EQ

cert

ifica

tion

toth

ein

spec

tion

cert

ifica

teor

Dep

artm

ent

ofT

rans

port

and

Mai

nR

oads

that

the

deve

lopm

ent

cert

ifica

teof

clas

sific

atio

n,C

omm

ents

orad

ditio

nal

info

rmat

ion

has

been

desi

gned

and

cons

truc

ted

inac

cord

ance

with

part

s(a

)of

whi

chev

eris

appl

icab

le,

orIn

acco

rdan

cew

ithS

ectio

n50

(2)

and

Sch

edul

e6

this

cond

ition

..

prio

rto

the

com

men

cem

ent

ofth

eT

IAan

dP

art

5and

Sch

edul

e1o

fth

e

ofus

e,w

hich

ever

occu

rsfir

stT

rans

port

Infr

astr

uctu

re(S

tate

-Gon

trol

led

Roa

ds)

Reg

ulat

ion

2006

,yo

um

ust

have

writ

ten

appr

oval

toca

rry

out

anci

liary

wor

ksan

den

croa

chm

ents

ona

stat

e-co

ntro

lled

road

.T

hese

deve

lopm

ent

cond

ition

sdo

not

cons

titut

esu

chan

appr

oval

.

You

will

need

toco

ntac

tth

eD

epar

tmen

tof

Tra

nspo

rtan

dM

ain

Roa

dson

0753

7055

55to

mak

ean

appl

icat

ion

for

aR

oad

Cor

ridor

Per

mit

unde

rse

ctio

n50

(2)

ofth

eT

IAto

carr

you

t

anci

llary

wor

ksan

den

croa

chm

ents

.A

ncill

ary

wor

ksan

den

croa

chm

ents

incl

ude

but

are

not

limite

dto

adve

rtis

ing

sign

sor

othe

rad

vert

isin

g

devi

ces,

path

sor

bike

way

s,bu

ildin

gs/s

helte

rs,

vege

tatio

ncl

earin

g,la

ndsc

apin

gan

dpl

antin

g.

ueen

slan

d

.G

over

nmen

t

,

8(a

)A

nypr

opos

edad

vert

isin

gsi

gnor

devi

ceon

the

site

that

isi(a

)T

rans

port

infr

astr

uctu

reA

ct19

94(T

/A)

and

visi

ble

from

ipsw

ich

Str

eet

(Bris

bane

Val

ley

Hig

hway

)m

ust

beP

rior

toth

eco

mm

ence

men

tT

rans

port

Ope

ratio

ns(R

oad

Use

Man

agem

ent

desi

gned

,co

nstr

ucte

dan

dth

ere

afte

rm

aint

aine

din

acco

rdan

ceof

use

and

tobe

mai

ntai

ned

Acc

redi

tatio

nan

dO

ther

Pro

visi

ons

Reg

u/at

ion)

with

the

depa

rtm

ent's

Roa

dsid

eA

dver

tisin

gG

uide

(RA

G).

atal

ltim

es-

2005

.

AN

D(b

)R

oads

ide

Adv

ertis

ing

Gui

de(R

AG

).P

rior

topl

acem

ent

ofan

y(b

)T

heap

plic

ant

mus

tsu

bmit

deta

iled

plan

sof

any

adve

rtis

ing

adve

rtis

ing

sign

orde

vice

Adv

ertis

ing

sign

side

vice

son

the

site

have

sign

idev

ice

visi

ble

from

Ipsw

ich

Str

eet

(Bris

bane

Val

ley

Hig

hway

)po

tent

ial

tocr

eate

asa

fety

haza

rdfo

rtr

affic

onto

the

depa

rtm

ent

for

revi

ewan

dits

inst

alia

tion

beap

prov

ed.

Ipsw

ich

Str

eet

(Bris

bane

Val

ley

Hig

hway

),a

stat

e-co

ntro

lled

road

and

decl

ared

mot

orw

ay.

The

loca

tion

and

desi

gnof

the

adve

rtis

ing

devi

ce

mus

tac

hiev

eac

cept

able

stan

dard

sto

ensu

reth

at

road

user

safe

tyon

the

stat

e-co

ntro

lled

road

ism

aint

aine

d.

Que

ensl

and

Gov

ernm

ent

IThe

appl

ican

tis

advi

sed

that

ther

eis

nogu

aran

tee

ofth

eco

ntin

uatio

nof

car

park

ing

alon

gth

eB

risba

neV

alle

yH

ighw

ay,

asth

isde

pend

s

onfu

ture

traf

ficsa

fety

and

effic

ienc

yci

rcum

stan

ces.

The

refo

reth

eca

rpa

rkin

gal

ong

the

Bris

bane

Val

ley

Hig

hway

can

not

beus

edto

mee

tth

eca

rpa

rkin

gre

quire

men

tsfo

rth

epr

opos

edde

velo

pmen

t.

Und

erse

ctio

n43

ofth

eT

rans

po/f

infr

astr

uctu

reA

ct19

94,

alo

cal

gove

rnm

ent

mus

tob

tain

the

Dep

artm

ent

ofT

rans

port

and

Mai

nR

oads

'

appr

oval

if itin

tend

sto

appr

ove

the

erec

tion,

alte

ratio

nor

oper

atio

nof

anad

vert

isin

gsi

gnor

othe

rad

vert

isin

gde

vice

that

wou

ldbe

visi

ble

from

am

otor

way

;an

dbe

yond

the

boun

darie

sof

the

mot

orw

ay;

and

reas

onab

lylik

ely

tocr

eate

atr

affic

haza

rdfo

rth

em

otor

way

.U

nder

sect

ion

33of

the

Tra

nspo

rtIn

fras

truc

ture

Act

1994

,w

ritte

nap

prov

alis

requ

ired

from

the

Dep

artm

ent

ofT

rans

port

and

Mai

nR

oads

toca

rry

out

road

wor

ks,

incl

udin

gro

adac

cess

wor

ks,

ona

stat

e-co

ntro

lled

road

.P

leas

eco

ntac

tth

eD

epar

tmen

tof

Tra

nspo

rtan

dM

ain

Roa

dson

0753

7055

55to

mak

ean

appl

icat

ion

for

road

wor

ksap

prov

al.

Thi

sap

prov

alm

ust

beob

tain

edpr

ior

toco

mm

enci

ngan

yw

orks

onth

est

ate-

cont

rolle

dro

adre

serv

e.T

heap

prov

alpr

oces

sm

ayre

quire

the

appr

oval

ofen

gine

erin

gde

sign

sof

the

prop

osed

wor

ks,

cert

ified

bya

Reg

iste

red

Pro

fess

iona

lE

ngin

eer

ofQ

ueen

slan

d(R

PE

Q).

An

appl

icat

ion

for

aR

oad

Cor

ridor

Per

mit

isre

quire

dfo

ran

yan

cilla

ryw

orks

and

encr

oach

nien

tson

the

stat

e-co

ntro

lled

road

unde

r

sect

ion

50(2

)an

dS

ched

ule

6of

the

Tra

nspo

rt/n

fras

truc

ture

Act

1994

and

Par

t5

and

Sch

edul

e1

ofth

eT

rans

port

infr

astr

uctu

re

(Sta

te-C

ontto

//ed

Roa

ds)

Reg

ulat

ion

2006

.P

leas

eco

ntac

tth

eD

epar

tmen

tof

Tra

nspo

rtan

dM

ain

Roa

dson

0753

7055

55to

mak

ean

appl

icat

ion

for

aR

oad

Cor

ridor

Per

mit.

Anc

illar

yw

orks

and

encr

oach

men

tsin

clud

ebu

tar

eno

tlim

ited

toad

vert

isin

gsi

gns

orot

her

adve

rtis

ing

devi

ces,

path

sor

bike

way

s,bu

ildin

gs/s

helte

rs,

vege

tatio

ncl

earin

g,la

ndsc

apin

gan

dpl

antin

g.

Pur

suan

tto

Sec

tion

580

ofth

eS

usta

lnab

leP

lann

/ng

Act

2009

itis

ade

velo

pmen

tof

fenc

eto

cont

rave

nea

deve

lopm

ent

appr

oval

,

incl

udin

gan

yco

nditi

onin

the

appr

oval

.

Pur

suan

tto

Sec

tion

80of

the

Tra

nspo

rfin

fras

truc

ture

Act

1994

,th

eco

nstr

uctio

n,au

gmen

tatio

n,al

tera

tion

orm

aint

enan

ceof

apu

blic

utili

typl

ant

ona

stat

e-co

ntro

lled

road

rese

rve,

mus

tbe

inac

cord

ance

with

the

Dep

artm

ent

ofT

rans

port

and

Mai

nR

oads

're

quire

men

ts.

INFORMATIONATTACHMENT TO CONCURRENCE AGENCY RESPONSE

Representationson ReferralAgencyResponse

if the applicant intends to make a representationto the Department of Transport and MainRoads (the department)regarding the attached concurrence agency response, the applicantneeds to do this before the assessmentmanager decides the application. The assessmentmanager cannot decide the application before 10 businessdays after receiving the finalconcurrenceagency response,pursuantto section318(5) of the Sustainable Planning Act2009 (SPA).

The applicantwill need to give the assessmentmanagerwritten notice undersection 320(1) ofSPA to stop the decision-making period to makea representationto the departmentandsubsequentlycontact the departmentto make the representation. The decision makingperiodcannot be stopped for more than 3 months.

Planning and Environment CourtAppeals

if an appeal is lodged in the Planning and Environment Court in relation to this application, theappellant must give written notice of the appeal to the departmentunderSection.482(1)of theSPA. This notice shouldbe forwardedto the Planning Law Team, Planning ManagernentBranch, Departmentof Transport and Main Roads, GPO Box 213, BrisbaneQLD 4001 within 2days if the appeal is started by a submitter, or otherwisewithin 10 businessdays after theappeal is started.

- 56 -