Goondiwindi Goondiwindi customer service centre: 07) 467 I 7400 Postal: LMB 7, Inglewood QLD 4387
REGONALinglewood Customer Service Centre: i:07)4652 0200 Email: [email protected] Customer Service Centre: (07) 4653 2600
. .Web: www.goondiwindirc.qld.gov.au
- Facsimile: (07) 467 I 7433
Author: Mrs Ronnie McMahon: EJCEnquiries: (07) 4671 7400File: 13/02W
28 May 2013
John DavorenL Bulmer & CompanyC/- RPMSPO Box 1273GOONDIWINDI QLD 4390
Dear Mr Davoren
Re: AMENDED DECISION NOTICE - MATERIAL CHANGE OF USE"INDUSTRIAL ACTIVITY" - "EXTRACTIVE INDUSTRY"
LOT 35 ON CVN255, FORDS ROAD, GOODAR
We enclose Council's Amended Decision Notice for the abovementioned application. The
Amended Decision Notice has been issued to correct an error on behalf of Council in
omitting the details of a submission received during the public notification period. The
decision regarding the application, made on 22 May 2013, has not changed.
Please note that in accordance with Section 339 (1) (b) of the Sustainable Planning Act
2009 (SPA), this approval takes effect when the submitter's appea1 period (twentybusiness days) ends.
In accordance with section 337 of the SPA, the Assessment Manager may give a copy ofthe Amended Decision Notice to each submitter after the earliest of the following happens:
(a) the applicant gives the assessment manager a written notice stating that the
applicant does not intend to make representations mentioned in section 361(1)(b) the applicant gives the assessment manager notice of the applicant's appeal;(c) the applicant's appeal period ends.
Accordingly, the applicant may hasten the date the approval takes effect by providing theAssessment Manager with written confirmation that they do not intend to make
representations mentioned in section 361(1) of the SPA. Council wil1 then provide the
submitter with a copy of this Amended Decision Notice.
If you would like to discuss this matter further, you are advised to contact Council's
Manager of Planning Services, Mrs Ronnie McMahon on 07 4671 7400.
Yours faithfully
Mr Rod Slack-SmithDIRECTOR ENGINEERING & REGULATORY SERVICES
Copy To: L Bulmer & Company Pty Ltd, r
PO Box 910, GOONDIWINDI QLD 4390 \
Amended Decision Notice approvalsustainable Plann¡ng Act 2009 section334
Council File Reference: 13/02WCouncil Contact: Mrs Ronnie McMahonCouncil Contact Phone: (07) 4671 7400
28 May 2013
Applicant Details L Bulmer & CompanyC/- RPMSPO Box 1273GOONDIWINDi QLD 4390Attn: Mr John Davoren
i acknowledge receipt of the above application on 6 March 2013 and confirm the followingdetails:
Development Application for: Material Change of Use"Industrial Activities" - "Extractive Industry"
(Loam extraction <5,000t pla)Property Description: Fords Road, Goodar
Lot 35 on CVN255
Dear Mr Davoren,
I wish to advise that, on 22 May 2013, the above development application was:
approved in full or;
approved in part for the following or;
approved in full with conditions or;
approved in part for the following, with conditions.
The conditions of this approval are set out in Attachment 1. These conditions are clearly
identified to indicate whether the assessment manager or a concurrence agency imposed
them. AII conditions must be completed before any building approval can be given.
Approval under Section 331 of the SPA
This application O has or has not been "deemed" to be approved under section 331 of the
Sustainable Planning Act 2009 (SPA).
2
&
1. Details of the approval
The following approvals are given:
Development PreliminaryPermit Approval
Making a material change of use assessable underthe planning scheme
2. Submissions
There was one (1) properly made submission about the application.
The name and address of the principal submitter for the properly made submission is as
follows:
Name of principal submitter Address
1. Henry Leonard C/- Leonard & Co, Raine & Horne,
52 Marshall Street, Goondiwindi
Via email: goondiwindi leonardandco.com.au
3. Conflict with a relevant instrument and reasons for decision despite the conflict
The assessment manager does not consider that the assessment manager's decision
conflicts with a relevant instrument.
4. Approved plans
The approved plans and/or documents for this development approval are listed in thefollowing table:
Plan/Document name Date
Amended 'Plan of Gravel Reserve 62,' Parish Waggamba, Prepared by 24 OctoberMark Wren. 2006
Plan amended by Council in red on 23/5/13 to remove the FutureExpansion' area from the approved extraction area
Environmental Management Plan, Deaths Reserve' Extractive Industry, 22 January
prepared by RPMS Regional Consulting Engineers. 2013
3
5. When approval lapses if development not started (SPA section 341)
Please see attached excerpts from the SPA.
341 When approval lapses if development not started
(1) To the extent a development approval is for a material change of use of
premises, the approval lapses if the first change of use under the approval does
not start within the following period (the relevant period)--
(a) 4 years starting the day the approval takes effect.
6. Appeal rights
Appeals by applicants
An applicant for a development application may appeal to the Planning and EnvironmentCourt against the following:
. 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 preliminary approval when a development permit was appliedfor;
? The length of a period mentioned in section 341; or
? A deemed refusal of the development application.
The timeframes for starting an appeal in the Planning and 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 DisputeResolution Committee. For more details, see the SPA, Chapter 7, Part 2.
Appeals by submitters
A submitter for a development application may appeal to the Planning and Environment Court
against:
? the part of the approval relating to the assessment manager's decision about any part ofthe application requiring impact assessment
? the part of the approval relating to the assessment manager's decision under section 327.
Details about submitter appeal rights for the Planning and Environment Court are set out in
sections 462, 463 and 464 of the SPA.
Submitters may also have a right to appeal to the Building and Development DisputeResolution Committee. For more details, see the SPA, chapter 7, part 2.
4
Attachment 2 is an extract from the SPA which details the applicant's appeal rights andthe appeal rights of any submitters regarding this decision.
If you wish to discuss this matter further, please contact Council's Manager Planning
Services, Mrs. Ronnie McMahon, on 07 4671 7400.
Yours Sincerely
Mr Rod Slack-SmithDIRECTOR ENGINEERING & REGULATORY SERVICES
5
GoondiwindiREGIONAL
Attachments
Attachment 1 - Assessment Manager's Conditions of the approval
Attachment 2 - Amended 'Plan of Gravel Reserve 62'
Attachment 3 - SPA Extracts
SPA extract on appeal rights
SPA extract on lapse dates
Assessment Manager's Conditions
Description: "Industrial Activities" -- "Extractive Industry"
(Loam extraction <5,000t pla)Development: Material Change of Use - Development Permit
Applicant: L Bulmer & Company Pty Ltd C/- RPMS
Address: Fords Road, Goodar
Real Property Description: Lot 35 on CVN255Council File Reference: 13/02W
GENERAL CONDITIONS
1. Approval is granted for the purpose of Material Change of Use for "Industrial Activities"
"Extractive Industry" (Loam extraction less than 5,000t pla).
2. The development shall be generally in accordance with supporting information supplied by
the applicant with the development application including the following :
Title Date
Amended 'Plan of Gravel Reserve 62,' Parish Waggamba, 24 October
Prepared by Mark Wren. 2006
Plan amended in red by Council on 23/05/2013 to remove the
'Future Expansion' area from the approved extraction area.
Environmental Management Plan, 'Deaths Reserve' Extractive 22 January
Industry, prepared by RPMS Regional Consulting Engineers. 2013
Please note that no buildings or structures shall be constructed as part of this approval.
3. All works, including all excavation, loading and unloading shall be carried out within the
'Proposed Quarry' area on Lot 35 on CVN255 noted on the approved plan. This approvaldoes not authorise works to be undertaken within the 'Future Expansion' area identified on
Lot 35 on CVN255 or external to Lot 35 on CVN255.
, 4. This development permit shall remain in place for a period of ten (10) years from the date
of it taking effect.
5. Five (5) warning signs shall be erected as per the plan. "Plan of Gravel Reserve 62,"
Parish Waggamba, Prepared by Mark Wren, dated 24/10/06, to the satisfaction of Council.
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6. Secure barriers are to be provided surrounding excavation pits at all times while the use is
in operation to protect public and worker's health and safety.
.7. Complete and maintain the approved development as follows:
(i) Generally in accordance with development approval documents; and
(ii) Strictly in accordance with those parts of the approved development which have
been specified in detail by the Council or Referral Agency unless the Council or
Referral Agency agrees in writing that those parts will be adequately complied with
by amended specifications.
The development approval documents are the material contained in the development
application, approved plan(s) and suppoding documentation including any written and
electronic correspondence between applicant, Council or Referral Agencies during all
stages of the development application assessment processes.
8. No construction shall take place until detailed design plans of works required by the
conditions of approval have been endorsed by Council.
ESSENTIAL SERVICES
9. No connections to water, sewerage or electricity supply are approved.
10. The site shall be adequately drained and all stormwater shall be disposed of to a legal
discharge point - refer to Schedule 1: Design and Construction Standards.
Any increases in volume, concentration or velocity of stormwater from the property being
developed must be channelled to lawful points of discharge or to other storage or dispersal
arrangements which must all be agreed in writing by the Council, refer to Schedule 1:
Design and Construction Standards.
OPERATIONAL HOURS
11. Excavation works is to be operated only between the hours of 7:00am and 6:00pm.
12. Loading and unloading is to occur only between the hours of:
(a) 8:00am and 6:00pm, Monday to Friday; and
(b) 8:00am and 12:00 (noon) on Saturdays.
13. No works, including extraction, loading or unloading are to occur on Sundays and Public
Holidays.
9
RUBBISH
14. At all times while the use continues, the site shall be kept in a clean and tidy state. Refuse
is to be appropriately disposed off-site.
ROADS AND VEHICLES
15. Vehicles are only to access the site from the Barwon Highway and Fords Road (south).Heavy vehicle transpod movements in the local area associated with the use shall only
occur along Fords Road south of the proposed site and the Barwon Highway.
16. The proposed access road and any areas where vehicles regularly manoeuvre and park
shall be sealed or constructed of suitable alternative material to facilitate all weather
operation - refer to 2006 Planning Scheme for the former Waggamba Shire Council,
Schedule 1: Design and Construction Standards, Division 2: Standards for Roads,
Carparking, Manoeuvring Areas and Access, Section 2.1(1).
17. Vehicle manoeuvring areas must be provided on-site so that all vehicles, including all
heavy vehicles, can enter and leave the site in a forward direction.
EXCAVATION AND FILLING
18. Finished batters of excavated areas shall have a maximum slope of 4:1, for safety of
stock that may enter the unfenced reserve.
19. All excavation works shall be carried out in accordance with the relevant standards - refer
to 2006 Planning Scheme for the former Waggamba Shire Council, Schedule 1: Design
and Construction Standards.
20. All work associated with the development must be carried out in a manner that minimizes
erosion and controls sediment. Best practice soil erosion control techniques shall be used
at the location of all works to be completed on the subject site. Control procedures are to
be established to ensure sediment from the site is not deposited off site.
Control measures must be approved by Councit in place prior to work commencing and .
remain until work is completed - refer to 2006 Planning Scheme for the former Waggamba
Shire Council, Schedule 1: Design and Construction Standards.
LANDSCAPING
21 The vegetated buffer must be maintained with a minimum width of 30 metres
surrounding the development at all times while the use continues, as identified in the
2006 Planning Scheme for the former Waggamba Shire Council, Schedule 3,
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Landscaping Requirements, Section 3.3 Standard - Vegetated Buffer.
AVOIDING NUISANCE
22. At all times while the use continues, the development shall be conducted in accordance
with the provisions of the Environmental Protection Act 1994 and all relevant regulations
and standards under that Act. All necessary licences under that Act shall be obtained and
shall be maintained at all times while the use continues.
I
23. ' Lighting of the site, including any security lighting, shall be such that the lighting intensity
does not exceed 8.0 lux at a distance of 1.5 metres from the site at any propertyboundary.
24. All lighting shall be directed or shielded so as to ensure that no glare directly affects
nearby properties or the operational safety of the Barwon Highway.
25. At all times while the use continues it shall be operated in such a manner as to ensure that
no nuisance shall arise as a result of dust, noise, night lighting or any other potentiallydetrimental impact.
26. The operator shall be responsible for mitigating any complaints arising from on-site
operations.
REHABILITATION
27. The site is to be progressively rehabilitated while the use continues, including
establishment of batters to excavated areas with a maximum slope of 4:1.
Within twelve (12) months from the date of commencement of the use, a management
plan for the rehabilitation of the site on completion of the use shall be provided for the
approval of Council.
Site rehabilitation is to be undertaken to return the site as closely as possible to its
original state or alternatively to an approved state of public amenity.
NO COST TO COUNCIL
28. The developer is responsible for meeting all costs associated with the approveddevelopment unless there is specific agreement by other parties, including the Council, to
meeting those costs.
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COMPLIANCE
29. A letter outlining and demonstrating that conditions have been, or will be, complied with
shall be submitted to Council and approved by a relevant Officer of Council prior to
commencement of the use. Council Officers may require a physical inspection to confirmthat all conditions have been satisfied to relevant standards.
30. At its discretion, Council may accept bonds or other securities to ensure completion of
specified development approval conditions or Council may accept cash payments for
Council to undertake the necessary work to ensure completion of specified development
approval conditions.
Council must be notified in writing of the date of the commencement of the use, within 14
31. days of commencement.
This approval will lapse if the use has not commenced within four years of the development
approval date.
I
SCHEDULES
The 2006 Planning Scheme for the former Waggemba Shire Council
Schedule1 - Design and Construction Standards
Schedule Of Design And Construction Standards
1. Schedule 1, Division 2: Standards for Roads, Carparking, Manoeuvring Areas andAccess, Section 2.3(1).(2a),(2b) of the 2006 Planning Scheme of the former
Waggamba Shire Council or in accordance with other relevant engineering'
standards to the satisfaction of Council.
2. Schedule 1, Division 5: Standards for Stormwater Drainage, Section 5.1 of the 2006
Planning Scheme of the former Waggamba Shire Council or on accordance with
other relevant standards to the satisfaction of Council.
3. Schedule 3, Landscaping Requirements, Sections 3.1, 3.2, 3.3, 3.4, 3.5, 3.6, 3.7
and 3.8, of the 2006 Planning Scheme of the former Waggamba Shire Council.
NOTES AND ADVICE
This approval in no way removes the duty of care responsibility of the applicant under the
Aboriginal Cultural Heritage Act 2003. Pursuant to Section 23(1) of the Aboriginal Cultural
Heritage Act 2003, a person who carries out an activity must take all reasonab1e and
practicable measures to ensure the activity does not harm Aboriginal cultural heritage (the"cultural heritage duty of care").
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The Sustainable Planning Act 2009 provides the relevant period in which this application
will lapse if is not acted upon.
The approved development does not authorize any deviation from the applicable Australian
Standards nor from the application of any laws, including laws covering work place health
and safety.
13
239200 238400 230605 230500 231000
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1 RP175647i RP169554
| 34 CVN255
2 AP169554
35 CVN255
35 CVN255
3 RPS8559
O 34 cvN255
. so
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I
23o2ee 2sodes ziossa 23eseo znose
GO PLAN OF GRAVEL RESERVE 62
Scale 1:5.000PARISH WAGGAMBA
PREPARED BY MARK WREN 24/10/0E
NRW Forest Products
QueenslandGovernment GDA PLAN OF PROPOSED QUARRY
Obpadnect oi!ÔBluftl Ret0MrCOi 30(l Water WAGGAM6A SHFRELOTS TW BERED AREA
PROPOSED QUARRY
Procuren ny NA Mw Foresi Producia ranniernal use onlyFuture expansson
EXISTING ACADS
NRMw Forest Poucos does not accepi any respons bility wr any BOUNDARY FORDS ROAD
:ess or camaµ resoliina from rettatice on inis inop Na pan of ims CLEAREDAREA
map may no reproduced or copreammaut poor wonen permiss'°" = = PROPOSED EXTRACTION ROAD
copynoi NRuw warest ProcactsRNING SIGNS
EXTRACT FROM SUSTAINABLE PLANNING ACT2009RELATING TO APPEAL RIGHTS
461 Appeals by applicants
(1) An applicant for a development application may appeal to the court against any of the
following-
(a) the refusal, or the refusal in part, of a development application;
(b) any condition of the development approval, another matter stated in a development
approval and the identification or inclusion of a code under section 242;
(c) the decision to give a preliminary approval when a development permit was appliedfor;
(d) the length of period mentioned in section 341;
(e) a deemed refusal of the development application.
(2) An appeal under subsection (1)(a), (b), (c) or (d) must be started within 20 business
days (the "applicant's appeal period") after -
(a) if a decision notice or negotiated decision notice is given - the day the decision
notice or negotiated decision notice is given to the applicant; or
(b) otherwise - the day a decision notice was required to be given to the applicant.
(3) An appeal under subsection (1)(e) may be started at any time after the last day a
decision on the matter should have been made.
462 Appeals by submitters--general
(1) A submitter for a development application may appeal to the court only against--
(a) the pait of the approval relating to the assessment manager's decision about
any part of the application requiring impact assessment under section 314; or
(b) the part of the approval relating to the assessment manager's decision under
section 327.
(2) To the e×tent an appeal may be made under subsection (1), the appeal may be against1 or more of the following-
(a) the giving of a development approval;
(b) any provision of the approval including--
(i) a condition of, or lack of condition for, the approval; or
(ii) the length of a period mentioned in section 341 for the approval.16
(3) However, a submitter may not appeal if the submitter-
(a) withdraws the submission before the application is decided; or
(b) has given the assessment manager a notice under section 339(1)(b)(ii).
(4) The appeal must be started within 20 business days (the submitter's appeal period)after the decision notice or negotiated decision notice is given to the submitter.
464 Appeals by advice agency submitters
(1) Subsection (2) applies if an advice agency, in its response for an application, told the
assessment manager to treat the response as a properly made submission.
(2) The advice agency may, within the limits of its jurisdiction, appeal to the court about-
(a) any part of the approval relating to the assessraent manager's decision about
any part of the application requiring impact assessment under section 314; or
(b) any part of the approval relating to the assessment manager's decision under
section 327.
(3) The appeal must be started within 20 business days after the day the decision notice or
negotiated decision notice is given to the advice agency as a submitter
481 How appeals to the coud are staded
(1) An appeal is started by lodging written notice of appeal with the registrar of the court.
(2) The notice of appeal must state the grounds of the appeal.
(3) The person starting the appeal must also comply with the rules of the coud applying to
the appeal.
(4) However, the court may hear and decide an appeal even if the person has not
complied with subsection (3).
17
EXTRACT FROM SUSTAINABLE PLANNING ACT2009RELATING TO LAPSE DATES
341 When approval lapses if development not started
(1) To the extent a development approval is for a material change of use of
premises, the approval lapses if the first change of use under the approval does
not start within the following period (the relevant period)-
(a) 4 years starting the day the approval takes effect;
(b) if the approval states a different period from when the approval takes
efect-the stated period.
(2) To the extent a development approval is for reconfiguring a lot, the approval
lapses if a plan for the reconfiguration is not given to the local government within
the following period (also the relevant period)-
(a) for reconfiguration not requiring operational works-2 years stading the
day the approval takes effect;
(b) for reconfiguration requiring operational works-4 years starting the day
the approval takes effect;
(c) if the approval states a different period from when the approval takes
effect-the stated period.
(3) To the extent a development approval is for development other than a material
change of use of premises or reconfiguring a lot, the approval lapses if the
development does not substantially start within the following period (also the
relevant period)-
(a) 2 years starting the day the approval takes effect;
(b) if the approval states a different period from when the approval takes
effect-the stated period.
(4) Despite subsections (1) and (2), if there are 1 or more related approvals for a
development approval mentioned in subsection (1) or (2), the relevant period is
taken to have started on the day the latest related approval takes effect.
(5) If a monetary security has been given in relation to any development approval,
the security must be released if the approval lapses under this section.
(6) The lapsing of a development approval for a material change of use of premises
or reconfiguring a lot does not cause an approval mentioned in subsection (3) to
lapse.
(7) In this section-
related approval, for a development approval for a material change of use of
premises (the earlier approval), means-
18
(a) the first development approval for a development application made to a
local government or private certifier, or first compliance permit for a request
for compliance assessment made to a local government or entity nominated
by a local government, within 2 years of the start of the relevant period, that
IS-
(i) to the extent the earlier approval is a preliminary approval--a
development permit or compliance permit for the material change of
use of premises; or
(ii) to the extent the earlier approval is a development permit or a
preliminary approval for development mentioned in section
242(3)(a)(i) or (ii)-a development permit or compliance permit for
building work or operational work necessary for the material change
of use of premises to take place; and
(b) each further development permit, for a development application made to
a local government or private certifier within 2 years of the day the last
related approval takes effect, that is for building work or operational work
necessary for the material change of use of premises to take place; and
(c) each further compliance permit, for a request for compliance
assessment made to a local government or entity nominated by a local
government within 2 years of the day the last related approval takes efect,
that is for building work or operational work necessary for the material
change of use of premises to take place.
related approval, for a development approval for reconfiguring a lot (also the
earlier approval), means-
(a) the first development permit for a development application made to a
local government, or first compliance permit for a request for compliance
assessment made to a local government or entity nominated by a local
government, within 2 years of the start of the relevant period, that is-
(i) to the extent the earlier approval is a preliminary approval-for
the reconfiguration; or
(ii) to the extent the eadier approval is a development permit for
reconfiguring a lot-for operational work related to the
reconfiguration; and
(b) each further development permit, for a development application made to
a local government within 2 years of the day the last related approval takes
effect, that is for operational work related to the reconfiguration; and
19
(c) each further compliance permit, for a request for compliance
assessment made to a local government or entity nominated by a local
government within 2 years of the day the last related approval takes effect,
that is for operational work related to the reconfiguration.
342 When approval lapses if development started but not completed-general
(1) Subsection (2) applies if-
(a) a condition requires assessable development, or an aspect of
assessable development, to be completed within a particular time; and
(b) the assessable development, or aspect, is started but not completed
within the time.
(2) The approval, to the extent it relates to the assessable development or aspect
not completed, lapses.
(3) However, even though the approval has lapsed, any security paid under a
condition mentioned in section 346(1)(f) may be used in a way stated by the
approval, including, for example, to finish the development.
(4) This section does not apply to a preliminary approval to which section 242
applies.
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