Description: Maranoa Logo Process

Late Items

BUSINESS PAPER

 

General Meeting

 

Wednesday 25 July 2012

 

Roma Administration Centre

 

NOTICE OF MEETING

 

Date: 20 July 2012

 

 

Mayor:                                                    Councillor R S Loughnan

                                                             

Deputy Mayor:                                        Councillor W S Wason

Councillors:                                             Councillor J L Chambers

                                                              Councillor R J Denton

                                                              Councillor P J Flynn

                                                              Councillor W M Newman

                                                              Councillor C J O’Neil

                                                              Councillor M L Price

                                                              Councillor D J Schefe

 

Acting Chief Executive Officer:                  Mr Michael Parker

 

Senior Management:                                Mr Tony Klein (Director Community Services)

                                                              Mr Matthew McGoldrick (Director Corporate Services)

                                                              Mr Barry Omundson (Director Infrastructure)

                                                              Mr Rob Hayward (Director Planning & Environment)

 

Officers:                                                  Ms Jane Frith (Corporate Communications Officer)

 

Please find attached agenda for the General Meeting to be held at the Roma Administration Centre on July 25, 2012 at 9.00am.

Michael Parker

Acting Chief Executive Officer

 

 


Maranoa Regional Council

    

Error! No document variable supplied. Meeting -  

TABLE OF CONTENTS

Item       Subject

No

  

L            Late Items

L.1        Mitchell Multi Purpose Health Service project - Maranoa Retirement Village Auxiliary Sub Committee's floor plan design changes - Proposed amendments to payments or bank guarantees

Prepared by:      Tony Klein, Director of Community Services

Attachment :       Mitchell MPHS Report to Council - 26 April 2012

L.2        Material Change of Use - "Extractive Industry", "Industry" (Medium Impact Industry), ERA 8, ERA 16, ERA 21 and Reconfiguring a Lot (Lease with a term exceeding 10 years)

Prepared by:      Danielle Pearn, Planning & Development Officer

Attachment 1:     Body of Report

Attachment 2:     DTMR Concurrence Agency Response

Attachment 3:     DERM Concurrence Agency Response   

 

 


Maranoa Regional Council

    

Error! No document variable supplied. Meeting -  

Officer Report

Meeting: General  25 July 2012

Date: 13 July 2012

Item Number: L.1

File Number: D12/20876

 

Subject Heading:                     Mitchell Multi Purpose Health Service project - Maranoa Retirement Village Auxiliary Sub Committee's floor plan design changes - Proposed amendments to payments or bank guarantees

Classification:                                  Open Access  

Name of Applicant:                        

Location:                                           Mitchell

Author & Officer’s Title:                 Tony Klein, Director of Community Services

 

Executive Summary: 

With recent unplanned floor plan design changes to the Mitchell Multi Purpose Health Service (MPHS) project, previously approved additional floor space requirements as a result of desired changes by the Maranoa Retirement Village Auxiliary Sub Committee (MRVASC) are not as extensive as originally determined.

 

 

Officer’s Recommendation: 

That Council advise the Maranoa Retirement Village Auxiliary Sub Committee (MRVASC) that contrary to previous advice, that to progress the organisation’s desired floor plan design changes to the Mitchell Multi Purpose Health Service project, the second payment or bank guarantee of $45,000 which was required by 24 August 2012 has been amended to $21,482 and is now required by 24 September 2012.

 

 

Body of Report:

The report (File Number – D12/10835) presented to Council on 26 April 2012 should be read as background to this report.

 

As a result of that report, Council resolved:

 

Resolution No. GM.001.12

Moved Cr Newman                                       Seconded Cr Price 

That Council approves the Maranoa Retirement Village Auxiliary Sub Committee’s proposed amendments to the Mitchell Multi Purpose Health Service project’s floor plan design subject to:

 

1.   Receipt of a bank guarantee for $43,748 by 9 May 2012 or receipt of payment of $43,748 by 9 May 2012 to be held in Trust by Council and

 

2.   Receipt of a bank guarantee for $45,000 by 24 August 2012 or receipt of payment of $45,000 by 24 August 2012 to be held in Trust by Council.

 

Council received the first payment of $43,748 on 9 May 2012 which is held in trust in an interest bearing term deposit.

 

With the recent inclusion of a Queensland Health required staff/public toilet in the facility design, the additional floor space required as a result of the MRVASC’s desired floor plan design changes is not as extensive as originally anticipated ( 20.0m2 to 14.7m2 – 26.5% reduction).

 

As such, it is recommended that Council reduce the financial amount required from the MRVASC by the appropriate amount – 26.5% of $88,748 ($23,518).  This equates to the second payment or bank guarantee amounting to $21,482.

 

Council may also wish to consider the recommendation to extend the timing deadline for this payment from 24 August 2012 to 24 September 2012 which is now the approximate construction tender closing date.

Consultation (internal/external):

Michael Parker, Acting CEO

 

Owen Kleidon, Struxi Design

Risk Assessment (Legal, Financial, Political etc.):

Nil

Policy Implications:

Nil

Financial Resource Implications:

Nil

 

Link to Corporate Plan:

Corporate Plan 2009-2013 8.4.7(a) To provide community care services in accordance with funding arrangements and agreements and within the limitation of council’s assessed community service obligation to address identified community needs.

Supporting Documentation:

1View

Mitchell MPHS Report to Council - 26 April 2012

D12/10835

 

Report authorised by:

Michael Parker, Acting Chief Executive Officer


Attachment 1

Mitchell MPHS Report to Council - 26 April 2012

 

Officer Report

Meeting: General  25 July 2012

Date: 22 April 2012

Item Number: L.1

File Number: D12/10835

 


Subject Heading:                     Mitchell Multi Purpose Health Service project - Maranoa Retirement Village Auxiliary Sub Committee’s proposed floor plan design changes.

Classification:                                  Open Access  

Name of Applicant:                        

Location:                                           Mitchell

Author & Officer’s Title:                 Tony Klein, Director of Community Services

 


 

 

Executive Summary: 

The Maranoa Retirement Village Auxiliary Sub Committee seeks amendments to the Mitchell Multi Purpose Health Service project’s floor plans.

 

 


 

Officer’s Recommendation: 

That Council approve the Maranoa Retirement Village Auxiliary Sub Committee’s proposed amendments to the Mitchell Multi Purpose Health Service project’s floor plan design subject to:

 

1.   Receipt of a bank guarantee for $43,748 by 9 May 2012 or receipt of payment of $43,748 by 9 May 2012 to be held in Trust by Council and

2.   Receipt of a bank guarantee for $45,000 by 24 August 2012 or receipt of payment of $45,000 by 24 August 2012 to be held in Trust by Council.

 

 


Body of Report:

On 13 October 2011, Council resolved (GM.359.11) to commit a total of $2.727 Million to the development of the Mitchell Multi Purpose Health Service (MPHS) project to be collocated at the Mitchell Hospital.

 

The financial commitment of $2.727 Million was based on a Quantity Surveyor’s report using a floor plan design for the facility approved by Queensland Health (QH) and developed after significant consultation with the Maranoa Retirement Village Auxiliary Sub Committee (MRVASC).

 

Subsequent to Council’s resolution to fully fund the project and project approvals received from the State and Federal governments in February 2012, the MRVASC has proposed to amend the MPHS floor plan.  In particular, the group sought converting one of the double bedrooms to individually ensuited bedrooms.  Such a change necessitated the relocation of a storeroom in the facility which ultimately added significant floor space to the complex.  QH have approved the proposed floor plan design changes but are not in a position to fund any part of the project.

 

Council’s project designer (Struxi Designs) provided an estimate of works a result of the proposed floor plan changes:

 

Desired Design changes

Approximate Costs ($)

New storeroom

64,488

Ensuite plumping & fixtures

6,200

Concertina walls

4,900

Tiling

1,080

Consultants fees (design amendments)

1,000

Contingency

2,200

Builder’s Margin

8,880

 

 

Total

88,748

 

To progress any design changes, it is recommended that Council secures bank guarantees or payments to be held in Trust by Council for this amount.  Neither the bank guarantees nor funds held in Trust would be drawn down by Council if the project costs do not exceed $2.727 Million.

 

Discussions and other communication with the MRVASC regarding the Committee meeting the costs of their desired MPHS floor plan design changes have been ongoing since 27 February 2012.

 

Recommended timing of the proposed guarantees or payments is based on two key estimated milestones (project management tender appointment and construction tender closing) of the project and will ensure no delays in the implementation of the project.

Consultation (internal/external):

Paul Bawden – CEO

Chris Small – Queensland Health

Maranoa Retirement Village Auxiliary Sub Committee

Risk Assessment (Legal, Financial, Political etc.):

Nil

Policy Implications:

Nil

Financial Resource Implications:

Nil

 


Link to Corporate Plan:

Corporate Plan 2009-2013 8.4.7(a) To provide community care services in accordance with funding arrangements and agreements and within the limitation of council’s assessed community service obligation to address identified community needs.

Supporting Documentation:

Nil

Report authorised by:

Paul Bawden, Chief Executive Officer


Maranoa Regional Council

    

Error! No document variable supplied. Meeting -  

Officer Report

Meeting: General  25 July 2012

Date: 27 June 2012

Item Number: L.2

File Number: D12/19115

 

Subject Heading:                     Material Change of Use - "Extractive Industry", "Industry" (Medium Impact Industry), ERA 8, ERA 16, ERA 21 and Reconfiguring a Lot (Lease with a term exceeding 10 years)

Classification:                                  Open Access  

Name of Applicant:                         Qstwald Quarries Pty Ltd

Location:                                           Swans Road, Wallumbilla Qld 4428 (Lot 2 on SP186195)

Author & Officer’s Title:                 Danielle Pearn, Planning & Development Officer

 

Executive Summary:  This application seeks a Development Permit for a Material Change of Use for “Extractive Industry” and “Industry” (Medium Impact Industry) and ERA 8(3a) Chemical Storage, ERA 16(2b)(3a) Extractive and Screening Activities and ERA 21 Motor Vehicle Workshop Operation and Reconfiguring a Lot (lease with a term exceeding 10 years) on land at Swans Road, Wallumbilla QLD 4428 and described as Lot 2 on SP186195.

 

The proposed development is consistent with the Bendemere Shire Planning Scheme 2006 including the DEOs, Rural Zone Code and Reconfiguring a Lot Code.

 

Officer’s Recommendation:  Council approve the application for a Material Change of Use for “Extractive Industry” and “Industry” (Medium Impact Industry) and ERA 8(3a) Chemical Storage, ERA 16(2b)(3a) Extractive and Screening Activities and ERA 21 Motor Vehicle Workshop Operation and Reconfiguring a Lot (lease with a term exceeding 10 years) at Swans Road, Wallumbilla QLD 4428 and described as Lot 2 on SP186195, subject to the following conditions:

 

Advisory Notes

 

1.         It is an offence to move or transport a vehicle on a road, if it is known, or ought to be known, that it or its load is contaminated with a declared plant.  Before moving a contaminated vehicle, either –

a).        the load must be contained so as to prevent the release of any contaminated/ reproductive material;  or

b).        the vehicle must be cleaned so that all contaminated / reproductive material is removed.

 

2.         Numerous wash down (clean down) facilities are available within the shire to help remove weed seeds, soil and other foreign matter from vehicles and machines.

 

Development Permit for Reconfiguring a Lot (lease with a term exceeding 10 years)

 

Complete and Maintain

 

1.         Complete and maintain the approved development as follows: (i) 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.

 

2.         Complete and maintain all operational, building and plumbing and drainage work associated with this development approval, including work required by any of the development approval conditions.

 

3.         Maintain the approved development being Reconfiguring a Lot (lease with a term exceeding 10 years) in accordance with the following approved plans:

 

Plan/ Document number

Plan/Document name

Date

SP250334

Plan of Lease A in Lot 2 on SP186195

24/11/11

 

Stormwater and Drainage

 

4.         Stormwater must not be allowed to pond on the property being developed during the development process and after development has been completed unless the type and size of ponding has been agreed in writing by the Council or as a specific development approval condition.

 

5.         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.

 

6.         There must be no increases in any silt loads or contaminants in any overland flow from the property being developed during the development process and after the development has been completed.

 

7.         The stormwater disposal system must be designed to include appropriate pollution control devices or methods to ensure no contamination or silting of creeks or other waterways.

 

Erosion Control

 

8.         If there is a possibility of erosion or silt or other materials being washed off the property being developed during the development process, the developer must document and implement a management plan that prevents this from occurring.

 

Avoiding Nuisance

 

9.         During the establishment of the approved development, no nuisance is to be caused to adjoining properties and occupiers by the way of smoke, dust, rubbish, contaminant, stormwater discharge or siltation at any time, including non-working hours.

 

Access, Roads, Landscaping and Lighting

 

10.       The landowner shall be responsible for construction and maintenance of vehicle crossovers from the road carriageway to the property boundary and for obtaining any approvals that may be required and for complying with the applicable designs and standards.

 

11.       Any damage to roads and infrastructure that is attributable to the progress of works on the site or vehicles associated with the development of the site, must be repaired to Council’s satisfaction or the cost of repairs paid to Council.

 

Before Plans are Sealed

 

12.       All rates and charges of any description and all arrears of such rates and charges, together with interest outstanding thereon, on the land, due to Council, shall be paid prior to the Council sealing the Plan of Survey.

 

13.       All development approval conditions related to the establishment of the approved development must be fulfilled prior to any Plans of Survey being sealed.

 

No Cost to Council

 

14.       The developer is responsible for meeting all costs associated with the approved development unless there is specific agreement by other parties, including the Council, to meeting those costs.

 

15.       Services and infrastructure required in connection with the establishment of the approved development must be provided at no cost to Council.

 

16.       All costs associated with the approved development to be met by the developer include all costs of survey, easement preparation, document lodgement, plan sealing and land transfers.

 

17.       Any conflicts associated with proposed and existing services shall be forwarded by the developer to the appropriate controlling authority for approval for any proposed changes.

 

18.       All civil and related work shall be designed and supervised by RPEQ Registered Professional Engineers of Queensland (RPEQ) who are competent in the construction of the works.

 

 

Development Permit for a Material Change of Use – “Extractive Industry” & “Industry” (Medium Impact Industry) and ERA 8(3a) Chemical Storage, ERA16 (2b)(3a) Extractive and Screening Activities and ERA 21 Motor Vehicle 

 

Complete and Maintain

 

19.       Complete and maintain the approved development as follows: (i) 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.

 

20.       Complete and maintain all operational, building and plumbing and drainage work associated with this development approval, including work required by any of the development approval conditions.

 

21.       Maintain the approved development being Material Change of Use – “Extractive Industry” & “Industry” (Medium Impact Industry) and ERA 8(3a) Chemical Storage, ERA16 (2b)(3a) Extractive and Screening Activities and ERA 21 Motor Vehicle  in accordance with the approved plans:

 

Plan/Document number

Plan/Document name

Date

A.000

Master Plan

22/12/2011

A.001

Lease Area

22/12/2011

A.100

Office Floor Plan/Elevations

21/12/2011

B.100

Lunch Room Floor Plan/Elevations

21/12/2011

C.100

Unisex Ablutions Floor Plan/Elevations

21/12/2011

D.100

Workshop Floor Plan

21/12/2011

D.200

Workshop Elevations

21/12/2011

 

Site Based Management Plan prepared by FSA Consulting

16/12/2011

CMDG-R-040 Rev A

Rural Road Access and Property Access Over Table Drains (Access along bitumen roads)

01/2010

 

CMDG Geometric Road Design D1 Design Guidelines

10/2007

 

22.       The approved development is subject to a development permit for Operational Works.  Operational works designs are to be in accordance with the Capricorn Municipal Development Guidelines (CMDG) Design Specifications and Standard Drawings.  All reports, documentation and designs supplied in support of the development application, shall be signed and certified by an appropriately qualified Registered Professional Engineer, Queensland (RPEQ).

 

Operations of Approved Use

 

23.       All development approval conditions related to the establishment of the approved development must be fulfilled prior to any approved use commencing.

 

24.       All necessary utilities and services must be connected and operational prior to the commencement of the approved use and maintained in good order after the use commences.

 

25.                   All approved uses must be carried out in accordance with the requirements of the approved Site Based Management Plan, prepared by FSA Consulting, and dated 16 December 2011.

 

26.                   The use cannot commence until ‘Lease A’ is sealed, in accordance with the approved plans.

 

27.       The extraction of material is to occur within discrete areas of the site.  The developer is to provide Council with plans identifying the location and boundaries of extraction pits prior to commencement of the use and on an annual basis thereafter. 

 

28.       Rehabilitation is to be carried out on pits that cease to be used for extraction, as determined by Council, in accordance with the recommendations in Section 4.7.6.2.5 of the approved Site Based Management Plan, prepared by FSA Consulting.

 

29.       The developer/quarry operator must supply to Council a Cadastral Survey Plan defining the extent of the quarry operations including the distance from all property boundaries as shown on the approved site plan, within two months of the approved uses commencing.

 

30.                   The boundaries and the extent of quarry operations must be clearly visible, identified and marked at all times in a manner that allows operational staff and site contractors to clearly identify the limits of the extraction area.

 

31.       No extraction of material is to occur outside of Lease Area A (SP250334) as shown on the approved site plan.

 

32.       The volume of material extracted from the site must not exceed 100,000 tonnes per annum.

 

33.       Haulage of material from the site must not occur outside the hours of 6.00am to 6.00pm when travelling within two (2) kilometres of town areas.

 

34.       The hours of operation for processing, extraction and other operations must be in accordance with the Environmental Protection Act 1994.  Blasting on the premises is prohibited.

 

35.       On closure of the quarry operations and prior to rehabilitation of the premises the landowner/quarry operator must supply to Council a Cadastral Survey Plan defining the extent of the quarry operations including the distance from all property boundary, within two months of closure.

 

36.       The loading of quarry material extracted from the site and the loading and unloading of plant and associated materials must be contained wholly within Lease Area A.

 

37.       Vehicle access and egress from Swans Road is to be sealed with a 2 coat bitumen seal extending 50 metres within the property boundary from the pavement on Swans Road.

 

38.       The developer/quarry operator shall submit to Council and implement a Pest Management Plan (noxious weeds) to control all declared weeds on the premises, prior to commencement of the approved uses. 

 

39.       The developer must pay a haulage contribution charge (at a rate of $0.20 per tonne of material extracted from the premises over and above a 5000t per annum) in accordance with Maranoa Regional Council’s Fees and Charges as adopted for the 2012/2013 financial year. Contribution amounts are to be paid to Maranoa Regional Council on an annual basis, with the first payment due 12 months from the date of commencement of the use.  Payments made to Council for this development will be subject to annual rate increases in accordance with the Haulage Contribution charges for the financial year the material was extracted.

 

40.       The developer is to notify Council upon commencement of the approved uses.

 

41.       Servicing of plant, equipment and vehicles must not occur on site.

 

Stormwater and Drainage

 

42.       Stormwater must not be allowed to pond on the lease area being developed during the development process and after development has been completed unless the type and size of ponding has been agreed in writing by the Council or as a specific development approval condition.

 

43.       The stormwater drainage shall be designed such that no ponding of stormwater within upstream properties occurs as a result of the development.

 

44.       Any increases in volume, concentration or velocity of stormwater from the lease area 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.

 

45.       There must be no increases in any silt loads or contaminants in any overland flow from the lease area being developed during the development process and after development has been completed.

 

46.       The stormwater disposal system must be designed to include appropriate pollution control devices or methods to ensure no contamination or silting of creeks or other waterways. 

 

47.       Soil erosion and sediment is controlled in accordance with Schedule 6: “Standards for Stormwater Drainage”.

 

Erosion Control

 

48.       On-site erosion is to be managed in accordance with the recommendations of the Site Based Management Plan, prepared by FSA Consulting, dated 16 December 2011.

 

49.       During construction, soil erosion and sediment is to be managed in accordance with Schedule 7: “Standards for Construction Activity”.

 

Services Provisions

 

50.       The site must be provided with on-site water supply with sufficient capacity to meet operational needs, including watering to minimise dust nuisance.

 

51.       The site must be provided with an on-site sewerage disposal system in accordance with Schedule 5 – “Standards for Sewerage Supply”.

 

52.       The site must be provided with an electricity supply generator adequate to service the site and all approved uses.

 

53.       All services installation to the respective networks, must comply with (i) the development approval conditions, (ii) any relevant provisions in the planning scheme for the area, (iii) Council’s standard designs for such work where such designs exist  (iv) the CMDG where it applies (v) any relevant Australian Standard that applies to that type of work and (vi) any alternative specifications that Council has agreed to in writing and which the developer must ensure do not conflict with any requirements imposed by any applicable laws and standards.

 

54.       All costs associated with the development works including any necessary alteration, relocation of services, public utility mains or installations must be met by the developer.  The developer is responsible for accurately locating all existing services prior to any development works commencing.

 

Rubbish Collection

 

55.       At all times while the use continues, waste containers shall be maintained in a clean and tidy state and shall be emptied and the waste removed from the site on a regular basis.

 

Access, Roads, Landscaping and Lighting

 

56.       Vehicle manoeuvring areas must be provided on-site for an Articulated Vehicle so that all vehicles can enter and leave the site in a forward direction.

 

57.       The landowner shall be responsible for construction and maintenance of vehicle crossovers from the road carriageway to the property boundary and for obtaining any approvals that may be required and for complying with the applicable designs and standards.

 

58.       Services and infrastructure required in connection with the establishment of the approved development must be provided at no cost to Council.

 

59.       Any damage to roads and infrastructure that is attributable to the progress of works on the site or vehicles associated with the development of the site, must be repaired to Council’s satisfaction or the cost of repairs paid to Council.

 

60.       Swans Road is to be upgraded in accordance with the CMDG Design Specifications for a Rural Minor Collector Road (Geometric Road Design D1 Design Guidelines - table D1.21.01) from the nominated vehicle egress point on Swans Road through to the Warrego Highway.  Works shall include the upgrade of the intersection of Swans Road, Russell Street and East Street as detailed in the CMDG. 

 

61.       All vehicle traffic associated with the approved use is to access the Warrego Highway via Swans Road and East Street.

 

62.       Vehicle crossovers from Swans Road to the development site are to be constructed in accordance with CMDG Standard Drawing SD-R-040 Rural Road Access and Property Access Over Table Drains (Access along bitumen roads). Vehicle accesses must accommodate the movement of any heavy vehicles accessing the site.  The sight distance must comply with a design speed of 80 km/hr and in accordance with Austroads, “Part 5 Guide to Traffic Engineering Practice – Intersections at Grade”.  The assumed traffic count range shall be > 300 but < 999 vpd.

 

63.       Advisory warning/speed signs are to be installed to indicate the turning of heavy vehicles in accordance with the Manual of Uniform Traffic Control Devices (MUTCD).

 

64.       All development works that will revert to Council control are subject to a twelve (12) month maintenance period during which time the developer will be responsible for the maintenance of the works, the rectification of any design omissions or defects, and the repairs of any construction defects that are subsequently found.

 

65.       The applicant shall pay to Council a contribution of $25,000.00 towards the upgrade of East Street.

 

66.       Landscaping is to be provided with a minimum width of five (5) metres adjacent to the Swans Road frontage of the lease area.  Landscaping is to have a mature height of at least three (3) metres within five (5) years of planting and must comprise of native species.

 

67.       All landscaping, vehicular access and related items must comply with (i) the development approval conditions, (ii) any relevant provisions in the planning scheme for the area, (iii) Council’s standard designs for such work where such designs exist  (iv) Schedule 2: “Standards for Roads, Car Parking, Access and Manoeuvring Areas” (v) any relevant Australian Standard that applies to that type of work and (vi) any alternative specifications that Council has agreed to in writing and which the developer must ensure do not conflict with any requirements imposed by any applicable laws and standards.

 

Avoiding Nuisance

 

68.       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 property boundary.

 

69.       All lighting shall be directed or shielded so as to ensure that no glare directly affects nearby properties.

 

70.       During the establishment of the approved development, no nuisance is to be caused to adjoining properties and occupiers by the way of smoke, dust, rubbish, contaminant, stormwater discharge or siltation at any time, including non-working hours.

 

71.       Vehicle movements to and from the site are to be limited to between the hours of 6am to 6pm.

 

72.       Unsealed service roads are to be watered upon receipt of a complaint regarding dust nuisance caused by vehicle movements to and from the site, as determined by and to the satisfaction of Council.

 

Signage and linemarking

 

73.       Signage and linemarking to be in accordance with MUTCD requirements and AS/NZS 2890.2:2004 - Parking facilities Part 2: Off-street commercial vehicle facilities. 

 

74.       Signage must be erected to delineate vehicle manoeuvring pathways on site.

 

No Cost to Council

 

75.       The developer is responsible for meeting all costs associated with the approved development unless there is specific agreement by other parties, including the Council, to meeting those costs.

 

76.       Any conflicts associated with proposed and existing services shall be forwarded by the developer to the appropriate controlling authority for approval for any proposed changes.

 

77.       All civil and related work shall be designed and supervised by RPEQ Registered Professional Engineers of Queensland (RPEQ) who are competent in the construction of the works.

 

 

Body of Report:

Refer to Attachment 1.

Consultation (internal/external):

MRC Infrastructure Department (Internal)

Local Government Planning Alliance (External Consultant)

Department of Environment and Heritage Protection (formally Department of Environment and Resource Management) (Concurrence Agency & Third Party Advice)

Department of Transport and Main Roads (Concurrency Agency)

Risk Assessment (Legal, Financial, Political etc.): 

The applicant has appeal rights under SPA against any decision of Council.

Policy Implications:

The application generally accords with the Policy position of the Bendemere Shire Planning Scheme.

Financial Resource Implications:

Any conditions imposed will be at the cost of the developer.

 

Link to Corporate Plan:

Corporate Plan 2009-2013 8.3.1(a) Regulate and control development in a consistent and responsible manner that enhances the lifestyle of our community whilst promoting sustainable development.

Supporting Documentation:

1View

Body of Report

D12/21558

2View

DTMR Concurrence Agency Response

D12/16444

3View

DERM Concurrence Agency Response

D12/15588

 

Report authorised by:

Robert Hayward, Acting Chief Executive Officer



Attachment 1

Body of Report

 

1.0  Background information

 

The proposed development is for “Extractive Industry” and “Industry” (Medium Impact Industry), being a quarry for the extraction of white rock material. The proposed development includes ERA 8(3a) Chemical Storage, ERA 16(2b)(3a) Extractive and Screening Activities and ERA 21 Motor Vehicle Workshop Operation.  The proposed development also includes a Reconfiguring a Lot to establish a lease area within which to conduct the proposed operations, with a term exceeding 10 years.

 

The proposed development will be located within a lease area at the north-eastern corner of the site.  The lease area will have an area of 17.26 hectares and frontage to Swans Road of approximately 508 metres.  The lease area has been located so that the regrowth vegetation, protected area and medium bushfire hazard area mapped on the site is not contained within the boundaries of the lease area.

 

The proposed development will consist of three material stockpile and truck loading areas, a vehicle workshop and ancillary site office, amenities and lunch room buildings.  Provision will also be made for storage of 38,800 litres of diesel fuel on the site, being ERA 8(3a) Chemical Storage.  The vehicle workshop constitutes an ERA 21 Motor Vehicle Workshop Operation.  The extracting and screening of white rock material will not exceed 100,000 tonnes of material per annum, and constitutes ERA 16(2b)(3a) Extractive and Screening Activities.

 

Motor vehicle access to the site will be obtained from two crossovers, one ingress and one egress, from Swans Road to the north of the site.

 

The applicant has applied for 24 hours a day, 7 days a week operation of the development.  Conditions of approval with restrict haulage from the site outside the hours of 6.00am and 6.00pm when travelling within two (2) kilometres of town areas.  Nuisance resulting from dust, light and noise will be mitigated through site management plans and the conditions of development for Environmentally Relevant Activities.  It is considered that these measures, in conjunction with the recommended conditions of approval, will sufficiently mitigate the adverse impacts of the development on the rural residential estate to the north of the site to allow 24 hour operation of on-site activities.

 

The Department of Transport and Main Roads (DTMR) and Department of Environment and Resource Management (DERM) are Concurrence Agencies for the proposed development.  DTMR and DERM imposed conditions of development approval for the proposed use, attached in Appendices 2 and 3.

 

The applicant has provided the following Proposal Plans in support of the proposed development –

 


Attachment 1

Body of Report

 

 

      


Attachment 1

Body of Report

 

2.0       Definition of use and assessment status - the premises – locality and zoning

The proposed use is defined as "Extractive Industry" and “Industry” in the Bendemere Shire Planning Scheme 2006 which is described as follows:

“Extractive Industry” means any premises used for the winning or treatment on the land or on adjacent land, of gravel, rock, sand, soil, stone, or other similar materials.  The term does not include the removal of materials authorised by Section 32(13) of the Local Government Act 1993, or mining within the means of the Mineral Resources Act 1989.

 

“Industry” means any premises used for any of the following operations:

i)   

a)   Any manufacturing process whether or not such process results in the production of a finished article; or

b)   The breaking up or dismantling of any goods or any good or any articles for trade, sale or gain, as ancillary to any business; or

c)   Repairing and servicing of articles including vehicles, machinery, buildings or other structures, laundering of articles but not including on-site work on buildings or other structures; or

d)   Any operation connected with the installation of equipment and services and the extermination of pests but no including on site work on buildings or other structures or land; or

e)   Treating waste material; or

f)    The storage or sale of any solid liquid or gaseous fuel where such storage is not for a purpose separately defined herein; or

g)   Any process of testing and analysis; and

 

ii) When conducted on the same land as any of the above operations –

a)   The storage of goods used in connection with or resulting from any of the above operations; or

b)   The provision of amenities for persons engaged in such operations; or

c)   The sale of goods, resulting from such operations; or

d)   Any work of administration or accounting in connection with such operations.

 

The site is situated at Swans Road, Wallumbilla QLD 4428 and described as Lot 2 on SP186195 (refer Figure 1 - Locality Plan).

Figure 1 - Locality Plan                                                                                                      Source: Whereis (2012)

 

The site is situated in the Rural Zone of the Bendemere Shire Planning Scheme 2006 (refer Figure 2 - Zoning).

Figure 2 - Zoning                                                                 Source: Roma Town Planning Scheme 2006

 

The site is currently vacant.  Adjoining the site to the west and south are similar vacant rural allotments.  The land immediately adjoining the site to the east is an existing Council quarry.  Swans Road borders the site to the north, and unnamed roads border the site to the west and south (refer Figure 3 - Aerial Photograph).

Figure 3 - Aerial Photograph                                                                                                            Source: Nearmap 2012

 

 

3.0       Assessment against the planning scheme

Impact assessment

This application is subject to Impact Assessment and is assessed against the relevant provisions of the planning scheme, including any relevant codes. The provisions of the Sustainable Planning Act 2009 [SPA] may be summarized: s313 provides that the assessment manager must carry out the impact assessment having regard to—

(a) the State planning regulatory provisions;

(b) the regional plan for a designated region, to the extent it is not identified in the planning scheme as being appropriately reflected in the planning scheme;

(c)  any applicable codes, other than concurrence agency codes the assessment manager does not apply, that are identified as a code for IDAS under this or another Act;

(d) State planning policies, to the extent the policies are not

a)   any relevant regional plan as being appropriately reflected in the regional plan; or

b)   the planning scheme as being appropriately reflected in the planning scheme;

(e) any applicable codes in the following instruments—

(i)   a structure plan;

(ii)  a master plan;

(iii) a temporary local planning instrument;

(iv) a preliminary approval to which section 242 applies;

(v)  a planning scheme;

(f)   if the assessment manager is an infrastructure provider—the priority infrastructure plan.

 

There is no conflict with these provisions of the Sustainable Planning Act 2009. 

 

Proposed use in conflict with planning scheme

Although the planning scheme requires that the proposed development is assessed against the Impact Assessable provisions of the planning scheme, the development proposed does not conflict with the intent of the planning scheme for the zone in which it is to be located.

 

Desired Environmental Outcome

The Desired Environmental Outcomes (DEOs) are based on ecological sustainability established by IPA and continued under SPA and are the basis for the measures of the planning scheme.  Compliance is outlined below:

 

(a) Environment

 

(i)   The areas of high scenic amenity, remnant vegetation, wetlands, fauna habitats and wildlife corridors and regionally significant open space in the Shire are protected.

 

The proposed lease area has been located and shaped to ensure that the remnant vegetation, protected area and medium bushfire hazard area mapped on the site is not contained within the boundaries of the lease area.  The proposed development will not result in the removal of any vegetation, or impact on any other environmentally significant areas, including wetlands, habitats, corridors and open spaces.   

 

(ii)  Places, areas or sites identified as being susceptible to land degradation, including contamination, erosion, salinity and landslip, are protected and further degradation is minimised.

 

The subject site is not identified as being susceptible to land degradation.   

 

(iii) Ecological sustainability is achieved by maintaining and improving biodiversity, water and air quality.

The proposed development will not adversely impact on water or air quality nor adversely impact on the biodiversity of the area.

 

(iv) Places of historical and indigenous cultural heritage and social significance are protected, maintained and enhanced.

The subject site is not identified as being in proximity to, or a place of, historical, cultural or social significance. 

 

(b) Economic

(i)   Good Quality Agricultural Land is protected as a major economic resource for the region.

 

A small section of the site is mapped as being Good Quality Agricultural Land (GQAL).  The proposed lease area within which the proposed development will be operated is located outside the GQAL area and will not adversely impact on the balance of the site.

 

(ii)  Key Resource Areas, extractive resources, petroleum, gas and mineral resources are protected as a major economic resource for the region.

 

The proposed development includes an Extractive Industry use, being a quarry for the extraction of white rock material.  The proposed development will enhance the economic resources within the region.

 

(iii) Industry, business and employment opportunities are improved and appropriately located to service the community and region, and encourage economic activity within the local area.

 

The proposed development will service the community and region by establishing a quarry for the extraction of white rock material.  The proposed development will encourage economic activity within the local area.

 

(iv) Rural business opportunities are improved to protect and value-add to the existing rural based economy.

 

The proposed development will improved local business opportunities to protect and value-add to the existing rural based economy.

 

(c)  Community Well-Being & Lifestyle

(i)   A convenient access to roads and services is achieved through well located land uses and the efficient use and timely provision of infrastructure such as water, sewerage and roads walkways and cycling facilities.

 

The proposed development will gain access to the existing road network via Swans Road to the north.  While the site is not currently connected to infrastructure, an on-site sewerage treatment system, water storage tank and generator will be required as a condition of development.

 

(ii)  Rural residential and urban residential development occurs in distinct localities that provide a sense of community, amenity, services, and a safe, affordable living environment, whilst maintaining the rural amenity of the shire.  The role and identity of Yuleba and Wallumbilla townships as the main business and community centres of the shire is consolidated.

 

The proposed development is for an Industrial use and will not adversely impact on the role or identity of Yuleba and Wallumbilla townships as the main centres for business within the shire.

 

(iii) Infrastructure networks such as road and rail, water cycle and electricity infrastructure are protected from encroachment by sensitive land uses which may adversely affect or limit the normal operation of that infrastructure.

 

The proposed development is not considered to be a sensitive land use and will not adversely impact on the current or future operations of established infrastructure networks.   DTMR are a Concurrence Agency for the proposed development and have imposed conditions to address the impact of the development on road corridors (refer Attachment 2).

 

(iv) The adverse effects from natural and other hazards, including bushfires are minimised.

 

The proposed lease area has been located to ensure that the medium bushfire hazard area mapped on the site is not contained within the boundaries of the lease area.  Therefore the proposed development will not be affected by natural or other hazards.

 

(v)  The range of housing types, services and facilities meets the needs of the community and other uses.

 

The proposal is for an Industrial use and will not affect the range of housing types in the town.

 

Overall Outcomes for Reconfiguring a Lot Code

The Reconfiguring a Lot Code identifies overall outcomes providing direction about relevant assessment issues.  The overall outcomes for the Reconfiguring a Lot Code are the purpose of the code.  The code seeks to ensure that the location, size and design of lots:

 

(a) are suited to the intended use and the policy intent of the relevant zone;

 

The proposed development is for establishment of a lease area on the site to accommodate the proposed quarry development. The site is located within a land use pattern of rural and industrial uses, with open grazing land adjoining the site to the west and south and an existing Council quarry immediately adjoining the site to the east.  The proposed reconfiguration is to establish an industrial lease area on the site in close proximity to existing industrial uses, and is therefore considered to be compatible with the intended use and policy intent of the Rural Zone.   

 

(b) promote good urban design outcomes, energy efficiency and walking, cycling and public transport as alternative forms of transport to the private car;

 

The proposed lease area has been located to adequately contain the proposed quarry use, with vehicular access being obtained from Swans Road.

 

(c)  provide for the protection of areas or features of environmental significance;

 

The site contains remnant vegetation, protected area and medium bushfire hazard area traversing the centre of the site.  The proposed lease area is shaped and located clear of these mapped constraints to provide for the protection of areas of environmental significance. 

 

(d) maintain the productive capacity of Good Quality Agricultural Land and limit the fragmentation of Good Quality Agricultural Land below the minimum lot size;

 

The site contains a small area of Good Quality Agricultural Land (GQAL) traversing the centre of the site.  The proposed lease area is shaped and located clear of the GQAL to ensure the proposed development does not adversely impact on it.

 

(e) enable the efficient provision of infrastructure and services; and

 

(f)   enable sustainable on-site water supply and sewerage disposal in areas where reticulated services are not available.

 

The site is not service by infrastructure.  Provision of an on-site sewerage disposal system, water supply tank and generator will be conditioned as part of the development, to service the proposed use. 

 

The Code’s relevant Performance Criteria are shown below, in order to more easily permit structured and detailed consideration of relevant issues—

 

Relevant performance criteria -  the Reconfiguring a Lot Code

Assessment responses

Rural Zone – Minimum Lot Size

 

PC 1 Minimum Lot Size

The reconfiguring of lots within the Rural Zone ensures that the continued ongoing viability of primary production.

The proposed lease area will have an area of 17.26ha.  While the lease area is proposed to exceed 10 years, it will not result in permanent fragmentation of the subject site. 

The proposed lease area has been appropriately located to contain the proposed development and will ensure limited impacts on the GQAL, bushfire hazard area, protected area and mapped regrowth vegetation.

PC 1.2 Minimum Lot Size for existing lots 100ha or less

The reconfiguring of lots within the Rural Zone, Small Farm Area, Planning Scheme Map P6, for residential purposes ensures that there is no increased drain on town services and infrastructure.

The site is not located in the Rural Zone – Small Farm Area.

Town Zone – Minimum Lot size

 

PC2

N/A – The site is located within the Rural Zone.

For the Town and Rural Zones

 

PC 3 Layout and Design

The reconfiguration of lots:

a) ensures safe and liveable communities;

b) ensures safe and legible vehicle and pedestrian movement areas and roads;

c) integrates with adjoining land; and

d) ensures and protects environmental values, significant features, open space areas and areas of high conservation or landscape value.

The proposed lease area allows for direct access to Swans Road to the north and allows adequate separation distance from mapped environmental constraints on the site.  The lease area directly adjoins the existing Council quarry to the east.

PC 4 Siting of Buildings and Structures

Lot size, layout and design ensures futures uses are able to comply with separation distances for buildings and structures in respect of:

a) watercourses;

b) ridgelines and escarpments;

c) cultural heritage places;

d) protected areas; and

e) Mining Leases and Key Resource Areas.

The proposed lease area has sufficient area to contain all proposed building and structures and has been located to achieve the required separation distances.

 

 

PC 5 Electricity Transmission Line Easement

Lot layout and design adjoining an Electricity transmission line easement promotes community safety and well being.

N/A - Electricity transmission line easements do not traverse the site. 

PC 6 Street Lighting

Street lighting is provided:

a) to ensure safety of vehicles, cyclists and pedestrians; and

b) to an appropriate engineering standard.

N/A – No street lighting is proposed.

PC 7 Water Supply

Each lot has an adequate volume and supply of water, which is also adequate for firefighting purposes

The provision of on-site water storage for domestic and fire fighting purposes in accordance with Schedule 4: “Standards for Water Supply”, will be conditioned as part of development.

PC 8 Effluent Disposal

Each lot provides for the treatment and disposal of effluent and other waste water to ensure the protection of public health and environmental values.

The provision of an on-site effluent disposal system that complies with Schedule 5: “Standards for Sewerage Supply”, will be conditioned as part of development.  

PC 9 Stormwater

Stormwater is collected and discharged so as to:

a) protect the stability of buildings or use of adjacent land; and

b) protect and maintain environmental values.

The existing on-site retention basin is proposed as part of the stormwater management system over the site.  The system will be required to comply with Schedule 6: “Standards for Stormwater Drainage” as a condition of development.

PC 10 Electricity

Each lot is provided with an adequate supply of electricity.

The provision of a generator supply to all proposed buildings will be conditioned as part of development.

PC 11 Vehicle Access

Vehicle access is provided to each lot to ensure safe and functional operation for motorists and pedestrians.

The proposed lease area will gain access from Swans Road to the north via two new crossovers, one ingress and one egress. 

Conditions will require that vehicular access be designed and constructed in accordance with Schedule 2: “Standards for Roads, Car Parking, Access and Manoeuvring Areas” and the CMDG.

The lease area does not obtain direct access to any State Controlled Roads.

PC 12 Roads, Firebreaks and Fire Maintenance Trails

Adequate all weather road access is provided between each lot and the existing road network.

In high and medium bushfire hazard areas, adequate road access is provided for firefighting/other emergency vehicles and for safe evacuation.

Adequate all weather road access will be provided for each proposed lot.

PC 13 Electricity transmission Line Easement – Separation Distance

Habitable rooms and child oriented uses are separated from electricity easements to ensure community safety.

N/A - The subject site is not subject to an electricity transmission line easement.

PC 14 Excavation and Filling

Excavating or filling of land:

(a) ensures safety and amenity for each lot and for land in close proximity;

(b) minimises soil erosion; and

(c) limits detrimental impacts on water quality.

Conditions will require that any excavation and fill is undertaken in accordance with Schedule 7: “Standards for Construction Activity”.

PC 15 Construction Activities

Erosion control measures and silt collection measures ensure that environmental values are protected during construction activities.

Conditions will require that soil erosion and sediment is controlled in accordance with Schedule 7: “Standards for Construction Activity”.

PC 16 Bushfire Hazard Area

Reconfiguring a lot maintains the safety of people and property by avoiding areas of High or Medium Bushfire Hazard or mitigating the risk through the provision of firebreaks.

The proposed lease area is adequately shaped and located to ensure that no part of the medium bushfire hazard area traversing the middle of the site is contained within the lease area.

 

 

Overall Outcomes for Rural Zone Code

The Rural Zone Code identifies overall outcomes providing direction about relevant assessment issues. 

1)   The overall outcomes are the purpose of the Rural Zone Code:

2)   The code seeks to ensure that development within the Rural Zone:

 

(a)  reflects the economic potential of the rural area;

 

The proposed development is for a quarry for the extraction of white rock material, and will enhance the economic potential of the rural area.

 

(b) is appropriately located within the Rural Zone and existing and future Rural Activities are not prejudiced by inappropriate development;

 

The proposed development will be located within a lease area at the north-eastern corner of the site.  The quarry will not adversely impact on adjoining sites or surrounding rural uses.

 

(c)   maintains the environment, including soil, air and water, compatible with healthy natural systems and ensures public health and safety;

 

The proposed development will be required to be carried out in accordance with the conditions imposed for ERA 8(3a) Chemical Storage, ERA 16(2b)(3a) Extractive and Screening Activities and ERA 21 Motor Vehicle Workshop Operation. It is considered that compliance with these conditions will minimise adverse environmental impacts.     

 

(d)  protects Good Quality Agricultural Land (GQAL) from fragmentation, alienation or encroachment of incompatible land uses in accordance with State Planning Policy 1/92 – “Development and Conservation of Agricultural Land”;

 

The subject site is mapped as containing a small area of Good Quality Agricultural Land (GQAL) through the middle of the site.  The lease area in which the proposed development is intended to be operated has been located to ensure that the development is not undertaken in any part of the mapped GQAL on the site.

 

(e)  is located, designed and operated in a manner that protects and enhances the predominant rural scale, intensity, form and character;

 

The proposed development is of a scale and intensity that is consistent with both the rural area and the adjoining rural and industrial uses. 

 

(f)    maintains the rural amenity;

 

The proposed development is for an industrial use located within a rural area.  The proposed development will maintain sufficient setbacks to all site boundaries and incorporate landscaping along the frontage of the site to maintain the amenity of the area.

 

(g)  does not prejudice or impact adversely on other uses including those within other Zones;

 

The proposed use will not impact adversely on adjoining or surrounding uses, as development will be carried out in accordance with the conditions imposed for both Environmentally Relevant Activities.  The proposed development will be located within a lease area at the north-eastern corner of the site, and is adjoined by an existing Council quarry to the east. It is considered that subject to the recommended conditions of approval, the proposed development will not prejudice or adversely impact on other uses, including established uses within other Zones.

 

(h)  has an appropriately designed access to the road network and traffic generated by the development does not impact adversely on the local road network;

 

The proposed development will obtain ingress to and egress from Swans Road to the north of the site via two new crossovers.

 

(i)    protects areas and sites of conservation importance, including cultural and high landscape values;

 

A small protected area is mapped within the subject site, however this area is not located within the proposed lease area.   

 

(j)    is undertaken in an orderly and logical sequence to achieve an efficient provision of infrastructure;

 

The subject site is not connected to infrastructure.  An on-site sewerage treatment system, water tank and generator will be required to service all proposed uses at the site as a condition of development.

 

(k)   is located and designed in ways that minimize the need for flood, bushfire and landslide mitigation and to protect people and premises from such natural events;

 

A small section in the middle of the site is mapped as being subject to Medium Bushfire Hazard.  The lease area has been located and shaped to ensure that the proposed development is not within this bushfire hazard area.

 

(l)    has water supply, storm water disposal, sustainable effluent and waste disposal and power to appropriate standards adequate for the use; and

 

The subject site is not connected to infrastructure.  An on-site sewerage treatment system, water tank and generator will be conditioned as part of the development.

 

(m) does not impact adversely on infrastructure.

 

Sufficient on-site water supply and sewerage disposal system will be required for the proposed development as a condition of development approval. 

 

 

The Code’s relevant Performance Criteria are shown below, in order to more easily permit structured and detailed consideration of relevant issues—

 

Rural Zone Code

The Codes’ relevant Performance Criteria are shown below, in order to more easily permit structured and detailed consideration of relevant issues—

 

Relevant performance criteria -  the Rural Zone Code

Assessment responses

For all of the Rural Area

1. Infrastructure

PC1 Electricity

Premises are provided with a supply of electricity and adequate for the activity.

The site will be powered by a generator supply as a condition of development.

PC2 Water Supply

Premises are provided with an adequate volume and supply of water for the activity.

The proposed development will be provided with on-site water storage to meet the operational requirements of the use as a condition of development.

PC3 Effluent disposal

To ensure that public health and environmental values are preserved, all premises provide for the treatment and disposal of effluent and other waste water.

The proposed development will be provided with an on-site sewerage disposal system as a condition of development.

PC4 Stormwater/Inter-allotment Drainage

Stormwater is collected and discharged so as to:

a)   protect the stability of buildings or the use of adjacent land;

b)   prevent the waterlogging of nearby land; and

c)   protect and maintain environmental values.

Stormwater and inter-allotment drainage will be required to be collected and discharged in accordance with Schedule 6: “Standards for Stormwater Drainage”, as a condition of development.

PC5 Vehicle Access

Vehicle access is provided to a standard appropriate for the use.

Ingress to and egress from the site will be gained from Swans Road to the north via two new crossovers.

PC6 Parking and manoeuvring

Vehicle parking and service vehicle provision is adequate for the use whilst ensuring both safe and functional operation for motorists and pedestrians.

6 car parking spaces, including 1 car parking space for disabled persons, will be provided as part of the proposed development, in accordance with Schedule 2: “Standards for Roads, Car Parking, Access and Manoeuvring Areas”.

PC7 Roads

All weather road access is provided between the premises and the existing road network.

N/A – The proposed development does not involve road construction. 

PC8.1 Highways

The Warrego Highway is maintained and enhanced as a link between major centres.

 

PC8.2 State Controlled Roads

Development adjacent to State Controlled Roads is located to ensure safe and efficient use of the highway and maintain the integrity of the highway as a commuter link.

 

PC8.3 Noise Sensitive Development

Noise sensitive developments (residential, educational and community) must ensure that road traffic noise levels are appropriately managed to achieve acceptable levels of amenity.

The site does not obtain direct access to Warrego Highway.

 

 

The proposed development is not within a 100 metre buffer either side of the Warrego Highway, or a 40 metre buffer either side of other State Controlled Roads.

 

 

N/A – The proposed development is not a noise sensitive development.

PC9 Gas and Oil Pipelines

Buildings are located at an appropriate distance from pipelines to ensure community safety and operation of the use is not compromised.

No habitable structure is constructed within 100 metres of an oil or gas pipeline.

 

PC10 Refuse Tips and Effluent Treatment Plants

Premises are located at an appropriate distance from refuse tips or effluent treatment plants to ensure community safety and operation of the uses are not compromised.

No building is to be constructed within 500 metres of a refuse tip or effluent treatment plant.

PC11.1 Rail Corridors

Development is at an appropriate distance from the rail corridor so as not to prejudice safety, speed or intended role of the existing and proposed rail corridors.

 

PC11.2 Noise Attenuation

Development adjoining the rail corridor is protected from the impact of noise. 

The proposed development is not located in proximity to a railway corridor.

 

 

 

 

 

PC12 Electricity Transmission Line Easement – Vegetation

Transmission lines within an Electricity transmission line easement are protected from vegetation.

The site is does not contain or is in proximity to an electricity easement.

PC13 Electricity Transmission Line Easement – Separation Distance

Habitable buildings and community orientated uses are located a minimum distance from lines to ensure community safety.

The site is remote from electricity easements.

2.  Environment

 

PC14 Watercourses

Development ensures the maintenance of riparian areas and water quality including protection from off-site transfer of sediment.

The site is not in proximity to a lake or watercourse.  

PC15 Flooding

Premises are designed and located so as:

a)   not to be adversely impacted upon by flooding;

b)   to protect life and property; and

c)   not to have an undesirable impact of the extent and magnitude of flooding.

The proposed development is not identified as being subject to flooding.

PC16 Air Emissions

Air emissions from premises do not cause environmental harm or nuisance to adjoining properties or sensitive land uses.

The proposed development will be required to adhere to conditions regarding the operation of ERA 8(3a) Chemical Storage, ERA 16(2b)(3a) Extractive and Screening Activities and ERA 21 Motor Vehicle Workshop Operation which will include measures to minimise air emissions from the proposed use in accordance with Environmental Protection (Air) Policy 2008.

PC17 Noise Emissions

Noise emissions from premises do not cause environmental harm or nuisance to adjoining properties or sensitive land uses.

The proposed development will be required to adhere to conditions regarding the operation of ERA 8(3a) Chemical Storage, ERA 16(2b)(3a) Extractive and Screening Activities and ERA 21 Motor Vehicle Workshop Operation, which will include measures to minimise noise emissions from the proposed use in accordance with Environmental Protection (Air) Policy 2008

PC18 Water Quality

The standard effluent and/or storm water runoff from premises ensures the quality of surface water is suitable for:

a)   the biological integrity of aquatic ecosystems;

b)   recreational use;

c)   supply as drinking water after minimal treatment;

d)   agricultural use; or

e)   industrial use.

The proposed development will be required to comply with Schedule 6: “Standards for Stormwater Drainage”, as a condition of development.

PC19 Excavation and Filling

Excavation and filling of land ensures:

a)   that both the amenity and safety of users of the site and adjacent land holdings;

b)   soil erosion is kept to a minimum with remedial works.

Excavation and filling will be undertaken in accordance with Schedule 7: “Standards for Construction Activity”.

PC20 Construction Activities

Both erosion control and silt collection measures are undertaken so as to ensure protection of environmental values during construction.

During construction, soil erosion and sediment is managed in accordance with Schedule 7: “Standards for Construction Activity”.

PC21 Good Quality Agricultural Land

Good Quality Agricultural Land areas as identified in Map R2 – Good Quality Agricultural Land are conserved and managed for the longer term and protected from development that may lead to its alienation or diminished productivity.

The subject site is mapped as containing a small area of Good Quality Agricultural Land (GQAL) through the middle of the site.  The lease area in which the proposed development is to be operated has been located and shaped to ensure that the development is not undertaken in any part of the mapped GQAL on the site.

PC22 Vegetation Retention

Development retains vegetation for the:

a)   protection of scenic quality;

b)   protection of general habitat;

c)   protection of soil quality; and

d)   establishment of open space corridors and networks.

The subject site is mapped as containing high value regrowth vegetation, however the proposed lease area in which the proposed development will be operated has been shaped and located to ensure that no remnant vegetation is contained inside the lease area.  Therefore the proposed development will not involve clearing of significant vegetation.          

PC23 Protected Areas

Development is undertaken to ensure areas of significant biodiversity and habitat value are protected.

A small protected area is mapped within the subject site, however the lease area in which the proposed development will be operated has been shaped and located to ensure that the proposed development is not located within this protected area.   

PC24 Sloping Land

Development is undertaken to ensure:

a)   vulnerability to landslip erosion and land degradation is minimised; and

b)   safety of persons and property is not compromised.

The site does not contain a slope of greater than 15 per cent.

 

PC25 Bushfire Hazard Area

Development maintains the safety of people and property by avoiding areas of High or Medium Bushfire hazard or mitigating the risk through:

a)   the siting of buildings ensuring setbacks from hazardous vegetation are maximized and elements least susceptible to fire are sited closest to the bushfire hazard; and

b)   the provision of firebreaks to ensure adequate setbacks between buildings structure and hazardous vegetation.

A small section in the middle of the site is mapped as being subject to Medium Bushfire Hazard.  The lease area has been located and shaped to ensure that the proposed development is not within this bushfire hazard area.

 

PC26 Character Buildings

Development adjacent to buildings identified as heritage or character buildings incorporates design features, materials and details that blend with the existing character.

N/A – The development is not adjacent to buildings identified as heritage or character buildings.

PC27 Cultural Heritage

The significance of known places of indigenous cultural heritage value are retained.

N/A – The site is not in close proximity to known areas of cultural heritage.

 Specific Land Uses

Catteries and Kennels

PC28

N/A – The proposed development is for Extractive Industry and Industry.

Commercial Premises

PC29-32

N/A – The proposed development is for Extractive Industry and Industry.

Community and Recreation

PC33-37

N/A – The proposed development is for Extractive Industry and Industry.

Dwelling House

PC38-41

N/A – The proposed development is for Extractive Industry and Industry.

Forestry

PC42-44

N/A – The proposed development is for Extractive Industry and Industry.

Home Based Business

PC46-48

N/A – The proposed development is for Extractive Industry and Industry.

Host Home Accommodation

PC49-52

N/A – The proposed development is for Extractive Industry and Industry.

Industry (Low/Medium

PC53 Scale

The scale and location of the industrial use on the site should contribute to the amenity of the precinct.

The proposed development has a site cover of 15.8% of the lease area.  All buildings have a maximum height of 1 storey and less than 6 metres.  The development is set back approximately 100 metres from the frontage of the lease area, a minimum of 40 metres from the side boundaries of the lease area and 150 metres from the rear boundary of the lease area.  All proposed setbacks are considered to be consistent with an industrial use located within a rural area and are sufficient to maintain the amenity of the area.

PC54 Landscaping

Landscaping on the site:

a)   contributes positively to the built form and the street; and

b)   reduces the impact of the size and scale of the buildings.

Significant native vegetation exists to the south and west of the lease area, and along the Swans Road frontage of the site.

 

 

PC55 Amenity

The amenity of residential uses adjacent to the industrial area is protected through appropriate boundary screening.

N/A – The site does not adjoin residential uses.

PC56 Building and Orientation

The building is designed and orientated to be identifiable from the street.

The office space of the development is located adjacent to the driveway access from the new ingress crossover.

PC57 Building and Structure Design

Buildings are designed and finished to a high quality appearance.

All buildings will be designed and finished to a high quality appearance.

Telecommunications Facility

PC58

N/A – The proposed development is for Extractive Industry and Industry.

Temporary Workers Accommodation

PC59-62

N/A – The proposed development is for Extractive Industry and Industry.

Tourist Facility

PC63-65

N/A – The proposed development is for Extractive Industry and Industry.

 

Submissions

 

A total of 2 properly made submissions were lodged to Council during the public notification period.  The submitter’s names and addresses are listed below:

 

Stuart & Lisa Taylor                                                     Tom & Kym Lingard

23 East Street                                                              PO Box 41

Wallumbilla QLD 4428                                                Wallumbilla QLD 4428

 

 


The following planning issues were raised by the submitters in the notification period for the application.  Each issue and the response are outlined below:

 

Issue

Response

The standard of East Street, Russell Street and Swans Road should be upgraded, including pedestrian facilities.

The proposed development will be required to upgrade the intersection of Warrego Highway and East Street, in accordance with the approved plans, as a condition imposed by the Department of Transport and Main Roads.

 

Dust problems occur from the roads being only partly sealed.

While the use will be permitted to operate 24 hours a day, conditions have been imposed to restrict vehicle movements to and from the site to between the hours of 6am and 6pm, to minimise noise impacts on residents in the Wallumbilla township. These reduced hours of operation will also reduce the extent of dust nuisance along unsealed roads.

 

A condition of development requires the developer to water unsealed roads, at the determination of Council, should any complaints regarding dust nuisance be received.

 

The proposed development will be required to upgrade the intersection of Warrego Highway and East Street, in accordance with the approved plans, as a condition imposed by the Department of Transport and Main Roads.

 

Noise from truck drivers using exhaust breaking will increase.

The intersections at Russell Street and Wallumbilla North Road and East Street and the Warrego Highway are unsafe and lead to increases in noise with truck braking.

Hours of operation will result in increased noise levels for residents in the town.

The operation of all uses is regulated by the Environmental Protection (Noise) Policy 2008, which regulates acceptable noise levels to sensitive receiving environments. The Site Based Management Plan approved as part of this use requires the developer to demonstrate compliance with this regulation should any complaints be received. 

 

While the use will be permitted to operate 24 hours a day, conditions have been imposed to restrict vehicle movements to and from the site to between the hours of 6am and 6pm, to minimise noise impacts on residents in the east of Wallumbilla township.

 

There are drainage issues in Russell and East streets, and the proposed development may exacerbate this.

The proposed development is well removed from Russell and East streets in the town centre. The development will be required to establish a stormwater drainage system in accordance with Council’s standard requirements to ensure that stormwater from the site is adequately detained and managed so as not to result in any adverse impacts off-site.

 

It is therefore considered that the proposed development will not exacerbate flooding or drainage issues in this area.

 

 

Other assessment issues

Subsequent approvals for Building and Operational Works and ERA Licenses will be required. 

 

The Department of Transport and Main Roads and the Department of Environment and Resource Management imposed conditions of approval contained in Attachments 2 and 3.


Attachment 2

DTMR Concurrence Agency Response

 










Attachment 3

DERM Concurrence Agency Response