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Home Based Business Application Guide- 03

APPLICATION GUIDE – 03 Homes Based Business

Overview This application guide has been produced by Mackay Regional Council to assist in the preparation and lodgement of a development application for a Home Based Business.

PO Box 41, Mackay Qld 4740

Phone 1300 MACKAY (622 529)

www.mackay.qld.gov.au

Disclaimer This application guide is one of a series of guides developed by Mackay Regional Council to assist applicants in preparing development applications lodged under the Mackay City Planning Scheme. This guide outlines the requirements for preparing and lodging a Material Change of Use for a Home Based Business under the Mackay City Planning Scheme. This guide does not replace the provisions of the Mackay City Planning Scheme or any other relevant legislation and should not be used without reference to all applicable legislative documents. Council does not remain bound by the information within this guide once in receipt of a development application. This application guide takes effect as of 1 July 2014 and is subject to change at Council’s discretion.


Version 2.0 October 2014 Page | 1

Mackay Regional Council Application Guide - 03

Home Based Business

Application Guide Contents

1. Introduction

2. Steps in the Development Application Process 3. Is a Development Application Required? 4. Development Application Checklist 5. Further Information for Applicants 6. Lodgement of your Development Application

6.1 Electronically 6.2 Manual Lodgement 6.3 Payment

7. Complying with the Conditions of Approval

7.1 Standard Conditions 7.2 Assessment Managers Advice



Mackay Regional Council Application Guide - 03

Home Based Business

Mackay City Planning Scheme

This application guide has been produced by Mackay Regional Council to assist in the preparation and lodgement of a development application for a Home Based Business. The information contained within this guide is designed to inform you in simple and easy to understand language on what information needs to be included with your development application. It is recommended that you use this guide as a checklist to ensure you provide all of the required information with your application.

WHAT IS THE MACKAY CITY PLANNING SCHEME? The Mackay City Planning Scheme provides the framework for managing land uses & development within the city of Mackay. The Planning Scheme is guided by a number of Desired Environmental Outcomes which help achieve the community’s vision for the city by balancing the economic, environmental and social needs of Mackay and its residents.

WHAT IS A DEVELOPMENT APPLICATION? A development application, otherwise known as a planning application, is an application which must be lodged with and approved by Council to authorise certain types of development to occur. This development application must be approved prior to any works on the development commencing.

NEED TO KNOW MORE?

If, at any point, this guide does not provide you with a sufficient enough understanding of how to lodge your application, please contact Council’s Development Services Department for further assistance. Alternatively, Council advises that you engage the services of a private town planning consultant to prepare and lodge your application on your behalf.



2. Steps in the Development Application Process

Step 1 – Prepare your Application Read and complete this application guide to assist you in preparing your development application

Step 2 – Lodge your Application with Council Once you have prepared your development application, it is ready to be lodged with Council. Please refer to section 6 of this guide for lodgement options.

Step 3 – Assessment of your Application Once you have successfully lodged your application, it will be assessed by Council. If you have provided all of the listed information in section 4, your application will, in most instances, be decided within twenty (20) business days from the date of lodgement. If some or all of the information outlined in section 4 is not included in your application, Council is under no obligation to accept your application. This will as a result, necessitate assessment timeframes longer than twenty (20) business days.

Step 4 – Obtain any Necessary Further Approvals If your development application is approved, you may still need additional further approvals before your Home Based Business Use can commence.

Important Note: Your Decision Notice from Council will, in most instances, list all of the further approvals required to be obtained. Please contact Council’s Development Services Department for further assistance on this matter. If no further approvals are required, proceed straight to Step 6.

Step 5 – Construction Once you have your approval from Council and all other required approvals in place, you are able to commence any construction which may be required to facilitate your home based business

Step 6 – Compliance with Conditions of Approval Before you commence your Home Based Business use, you must ensure all of the conditions contained within all of your approvals have been complied with, in full.



3. Is a Development Application Required? Before proceeding any further, please ensure your proposed use fits the Mackay City Planning Scheme definition of a ‘Home Based Business’: “means any premises being part of a dwelling unit or its curtilage used for a business by a resident of the dwelling house where:

(i) the area occupied by the use (including storage areas) does not exceed 30% of the total floor area of the dwelling house and 10% of the area of the lot on which the dwelling house is located, with a maximum area of 80m² occupied by the use; and

(ii) employs no more than 2 persons who do not reside at the premises”.

If your proposed use does not fit this definition, please contact Council’s Development Services Department for further assistance. To determine if you are required to lodge an application, please answer the questions below: Y N

1. Does your proposed use fit the above definition? ☐ ☐

If you answered ‘yes’ to question 1 you must lodge an application with Council.

2. Is your property located in the Higher Density Residential, Urban ☐ ☐

Residential, Rural Residential, Urban Expansion, Rural, Commercial, Village, Special Activities (Tourism) or Public Purposes Zone?

If you answered ‘yes’ to question 2, this application guide is able to be used. If you answered ‘no’ to question 2, you are still required to lodge an application with Council, although this application guide does not apply to your development. If this is the case, Council advises that you engage the services of a private town planning consultant to lodge your application on your behalf.

3. Is your property on or next to a place of State or Local Heritage, ☐ ☐

as identified in schedule 4 of the Mackay City Planning Scheme. If you answered ‘yes’ to question 3, this application guide is not able to be used. You are still required to lodge an application with Council, although if this is the case, Council advises that you engage the services of a private town planning consultant to lodge your application on your behalf. Please contact Council’s Development Services Department for further assistance in relation to any of the above information.



4. Development Application Checklist The following checklist outlines all of the information which must be included with your application.

1 IDAS Form 1 ☐

2 IDAS Form 5 ☐

3 A Site Plan ☐

4 A Planning Report ☐

5 Floor Plans of the Dwelling ☐

6 Elevations of the Dwelling ☐

7 Owners Consent ☐

8 Council Application Fee ☐

Please ensure all of the above requirements are included with your application.

Important Note: Under Queensland State Planning Legislation an application can be classed as ‘Not Properly Made’. This means that if any of the above mandatory information is not provided with your application, Council is under no obligation to accept your application and as a result, your application may not be assessed until all of the mandatory information is provided to Council. The following checklist outlines all of the information which should also be included with your application

1 Any other relevant information received from Council ☐

2 Site Photos ☐



5. Further Information for Applicants The below table provides additional information on finding and completing the mandatory information outlined in section 4 above. Should you have any further questions in relation to obtaining the relevant information or what should be included in your application, please contact Council’s Development Services Department.

IDAS Form 1

1. Refer to the following link for all IDAS forms: http://www.dsdip.qld.gov.au/forms-templates/sara-idas-forms.html

2. All of the applicable questions on IDAS Form 1 must be completed. 3. For further information on completing IDAS Form 1, refer to Appendix

1 or contact Council’s Development Services Department.

IDAS Form 5

1. Refer to the following link for all IDAS forms: http://www.dsdip.qld.gov.au/forms-templates/sara-idas-forms.html

2. All of the applicable questions on IDAS Form 5 must be completed. 3. For further information on completing IDAS Form 5, refer to Appendix

1 or contact Council’s Development Services Department.

Site Plan

The site plan must be at an appropriate scale (i.e., 1:100, 1:200 or 1:500 are the recommended scales) showing the following: 1. the location and site area of the land to which the application relates

(the relevant land); 2. a north point; 3. the boundaries of the relevant land; 4. all road frontages of the relevant land, including the name of the road; 5. the location of the proposed dwelling on the relevant land; 6. the location of all easements on the relevant land and their function

(i.e., sewer, drainage etc.); 7. all vehicle access points; 8. Setbacks from all boundaries. 9. House plans are generally sufficient to satisfy this point.

10. For further information on site plan requirements, refer to Appendix 1.

Planning Report

1. Refer to the attached template in Appendix 1 of this application guide for a generic planning report template. It is advised that you use this template to assist you in preparing your planning report.

2. For further information on completing this template, please contact Council’s Development Services Department.



Floor Plans

1. Floor plans drawn to an appropriate scale (1:50, 1:100 or 1:200 are recommended scales) of the proposed dwelling are required.

2. Note: House plans are generally sufficient to satisfy this point. 3. For further information on floor plan requirements, refer to Appendix 1.

Elevations

1. Elevations drawn to an appropriate scale (1:100, 1:200 or 1:500 are recommended scales) of the proposed dwelling, including all building floor levels above ground level.

2. Note: House plans are generally sufficient to satisfy this point. 3. For further information on elevation requirements, refer to Appendix 1.

Owners Consent

1. Note that owners consent is required for all Material Change of Use applications.

2. The Sustainable Planning Act (2009) defines the ‘owner’ of the land as “the person for the time being entitled to receive the rent for the land or would be entitled to receive the rent for it if it were let to a tenant at a rent”.

3. Owners consent must still be provided even if the applicant is the property owner.

4. If there is more than one owner, each owners consent is required. 5. If the owner is a company, the consent of the company is required.

Council Application Fee

1. The correct application fee in accordance with Council’s current Regulatory Fees and Charges must be paid at time of lodgement.

2. Refer to the following website for Council’s Regulatory Fees and Charges http://www.mackay.qld.gov.au/about_council/policies_and_fees/fees_and_charges

3. Refer to section 6 for payment methods.

Further Information

1. Examples of further information include: any emails from Council’s duty planner in relation to the proposed use and/or any other information obtained from Council prior to lodgement in relation to the proposed use should be included with your application i.e., the defined flood level for your property.

Site Photos

1. Site photos should be included to assist in a quicker assessment process. Photos such as: access locations, infrastructure locations within the road reserve (power poles, gully pits etc.), adjoining dwellings, topography and vegetation should all be included with your application.



6. Lodgement of your Development Application

6.1 Electronically

Applications can be lodged electronically via the eDA system at the following link:

http://www.dsdip.qld.gov.au/development-applications/development-assessment-online-smart-eda.html Additional information on lodging applications electronically can also be found at the above link.

6.2 Manual Lodgement

1. Applications can be lodged in person at Council’s Development Services Building located at 42 Wellington Street; or

2. By emailing [email protected] or; 3. Via post, PO Box 41, MACKAY QLD 4740. Hard copies of all plans, reports, forms etc. must be provided if lodging manually.

Important Note: In accordance with Council’s Regulatory Fees and Charges an additional 5% of the application fee is required for manual lodgement.

6.3 Payment

1. Payment can be made electronically when lodging your application on eDA; or 2. Payment can be made in person at 42 Wellington Street via cheque, eftpos,

credit card or cash; or 3. Payment can be made via credit card over the phone by calling 1300 622 529. If

using this method, the application number, the eDA reference number and the property address must be provided.



7. Complying with Conditions of Approval

All of the conditions of approval attached to your Decision Notice must be complied with, in full, prior to the commencement of the Home Based Business. Please contact Council’s Development Services Department if you require any further information in relation to complying with your conditions of approval.

7.1 Standard Conditions

The below list of standard conditions has been prepared as an indicative guide of those conditions which can be expected to be attached to any approval for a Home Based Business. Important Note: As a result of the varying site specific requirements which accompany many development applications, Council does not remain bound by this list of standard conditions and this list is subject to change at Council’s discretion on an application by application basis as is deemed necessary.

1. Plan of Development

The approved Home Based Business (insert proposed home based business) must generally comply with the Plan of Development (identified in the Table below) and supporting documentation which forms part of this application, except as otherwise specified by any condition of this approval.

Drawing Number Title of plan Revision Prepared by Date (insert drawing number of plan(s))

(insert title of plan(s))

(insert revision of plan(s))

(Insert author of plan(s))

(Insert date of plan(s))

This condition will be used on all applications.

2. Amended Plan Required

2.1 Prior to the commencement of the works on the subject site, the approved plans of

development must be amended to comply with the following matters:

a) Insert required changes;

2.2 The amended plans must be submitted to Council for approval. This condition will be used on all applications that require amended plans.



3. Compliance with Conditions All conditions must be complied with prior to the commencement of the use on the subject site, unless specified in an individual condition. This condition will be used on all applications.

4. Maintenance of Development

Maintain the approved development (including, car parking, driveways and other external spaces) in accordance with the approved drawing(s) and/or documents, and any relevant Council engineering or other approval required by the conditions. This condition will be used on all applications.

5. Conflict Between Plans and Written Conditions Where a discrepancy or conflict exists between the written condition(s) of the approval and the approved plans, the requirements of the written condition(s) will prevail. This condition will be used on all applications.

6. Notice of Intention to Commence the Use Prior to the commencement of the use on the site, written notice must be given to Council that the use (development and / or works) fully complies with the decision notice issued in respect of the use (please see attached notice for your completion).


7. Damage

The developer is responsible for the repair of any damage that is caused to Council’s infrastructure as a result of the construction works associated with the proposed development. Council must be notified immediately and will make the decision as to who will carry out the rectification works and the timing for the completion of those works. This condition will be used on all applications.

8. Compliance with Council Standards

All design and construction for the development must be in accordance with Council’s Policies, Engineering Design Guidelines, Standard drawings and standard specifications.


9. Square Metres – Home Based Business

The floor space used for the Home Based Business (insert proposed home based business use) hereby approved must not exceed (insert area) square metres in area. This condition will be used on all applications.



10. Hours of Operation

The hours of operation must be limited to (insert hours and days of the week) (excluding public holidays). This condition will be used on all applications

11. One Sign

Only one sign of maximum size 0.3m2 and bearing only the name of the business and phone number must be displayed. This condition will be used on all applications.

12. No Display of Goods on Premises

No goods are to be displayed publicly and/or offered for sale on the premises. Only those goods produced on the premises must be made available for sale from the premises. This condition will be used on all applications.

13. Persons Conducting Business The business must be conducted by a person or persons resident on the property and a maximum of (insert number of persons) persons may be employed who is not a resident on the property. This condition will be used on all applications.

14. Number of Practitioners

The number of practitioners operating on the site at any one time must be a maximum of (insert number). This condition will be used on all applications in which practitioners are proposed and may be included in addition to condition 13.

15. Number of Clients

The number of clients attending a (insert home based business use) session is restricted to (insert number of persons) at any one time. This condition will be used on all applications which propose group sessions as part of the Home Based Business.

16. Consultation by Appointment

All consultations must be by appointment only and only (insert number) client(s) must be present on the premises at any time. This condition will be used on all applications.



17. Interval between Appointments

A minimum interval of (insert minutes) must be allocated between the end of one appointment and the commencement of the next appointment. This condition will be used on all applications in which there are not sufficient car parking spaces to accommodate multiple customers at the same time.

18. Nuisance or Annoyance

The use must be conducted in such a manner so as not to cause nuisance or annoyance to persons or property not associated with the use. This condition will be used on all applications.

19. Completion of Landscaping All of the landscaping works shown on the approved plan must be completed before the commencement of the use on the site. This condition will be used on all applications which are required to provide landscaping (i.e. business located on sites which front Image Corridors).

20. Number of Commercial Vehicles

No more than (insert number) commercial vehicle associated with the Home Based Business must be present on the site at any time. This condition will be used on all applications which require deliveries by commercial vehicles to the site.

21. Minimum Car Parking Spaces The car parking area must be constructed, sealed and drained for a minimum of (insert number of spaces) in accordance with the approved plan and maintained thereafter. The car parking must be designed in accordance with Australian Standard AS/NZS2890.1:2890 and AS/NZS2890.6:2009. This condition will be used on all applications which require car parking spaces.

22. Car Park Kerbing 22.1 A 125mm high vertical concrete kerb must be provided adjacent to the car

parking area/s.

22.2 Car parking bays abutting walls, footpaths and landscaping must be provided with wheel stops.

This condition will be used on all applications in which existing and/or proposed landscape areas abut car parking areas.



23. Vehicle Manoeuvring All car parking spaces must be designed to allow all vehicles to drive forwards both when entering and leaving the property. This condition will be used on all applications which require car parking spaces.

24. Loading /Unloading

The loading and unloading of vehicles and the delivery of goods to and from the premises must at all times be undertaken entirely within the site and be so conducted as to cause minimum interference with other vehicular traffic.

This condition will be used on all applications which require deliveries.

25. Use of Car Parking areas The areas set aside for parking, vehicle manoeuvring and loading and unloading, must not be used for the storage or placement of goods or materials. This condition will be used on all applications which require car parking spaces.



7.2 Assessment Managers Advice

1. Local Laws The approved development must comply with Council’s current Local Laws under the Local Government Act 2009. This advice will be used on all applications.

2. Hours of Work It is the applicant/owner’s responsibility to ensure compliance with Section 440R of the Environmental Protection Act 1994, which prohibits any construction, building and earthworks activities likely to cause audible noise (including the entry and departure of heavy vehicles) between the hours of 6:30pm and 6:30am from Monday to Saturday and at all times on Sundays or Public Holidays. This advice will be used on all applications.

3. Dust Control

It is the applicant/owner’s responsibility to ensure compliance with Section 319 -General Environmental Duty of the Environmental Protection Act 1994, which prohibits unlawful environmental nuisance caused by dust, ash, fumes, light, odour or smoke beyond the boundaries of the property during all stages of the development including earthworks and construction. This advice will be used on all applications.

4. Sedimentation Control

It is the applicant/owner’s responsibility to ensure compliance with Chapter 8, Part 3C of the Environmental Protection Act 1994 to prevent soil erosion and contamination of the stormwater drainage system and waterways. This advice will be used on all applications.

5. Noise During Construction and Noise in General

It is the applicant/owner’s responsibility to ensure compliance with Chapter 8, Part 3B of the Environmental Protection Act 1994. This advice will be used on all applications.

6. General Safety of Public During Construction

It is the principal contractor’s responsibility to ensure compliance with Section 19(2) of the Workplace Health and Safety Act 2011. Section 19(2) states that a person conducting a business or undertaking must ensure that the health and safety of other persons is not put at risk from work carried out as part of the conduct of the business or undertaking.



It is the responsibility of the person in control of the workplace to ensure compliance with Section 20 (2) of the Work Health and Safety Act 2011. Sections 20 (2) states that the person in control of the workplace is obliged to ensure that the means of entering and exiting the workplace and anything arising from the workplace are without risks to the health and safety of any person.

This advice will be used on all applications.

7. Contaminated Land

It is strictly the applicant/owner’s responsibility to source information regarding contaminated land from the Department of Environment and Heritage Protection, Contaminated Land Section as Council has not conducted detailed studies and does not hold detailed information pertaining to contaminated land. This advice will be used on all applications.


Appendix 1 Example of an application for a: Material Change of Use – Home Based Business



Development Application Planning Report Material Change of Use – Home Based Business (insert proposed Home Based Business use) Mackay City Planning Scheme Property Address: 123 Dwelling House Road (insert applicable street address) Legal Description: Lot 123 on RP000001 (insert applicable lot and plan number) Zone: Urban Residential (insert applicable zone) Locality: Mackay Frame (insert applicable planning locality) Applicable Overlays:

(insert any applicable overlays) Lot Area: 912m² (insert lot area (m² or ha only)) Applicant: Joe Bloggs (insert applicant name) 123 Dwelling House Road (insert postal address) 07 49615 91074 (insert phone number) [email protected] (insert email) Owner: (As above) Date: 1 July 2014 (insert date)



1. Introduction

(Provide a brief introduction on what is being proposed, the level of assessment and why it should be approved). For Example: This application seeks a Development Permit for a Material Change of Use – Home Based Businesses (insert proposed Home Based Business use) at 123 Dwelling House Road (insert applicable street addresses and suburb). The application is Code Assessable within the Urban Residential Zone (insert relevant zone) and the Mackay Frame Locality (insert relevant locality).

It is considered that the application can be approved as it is generally consistent with the Mackay City Planning Scheme.

2. Site Description

(Provide a description of the site in terms of location, size, zoning, improvements, topography, encumbrances and road frontages. Amend and insert the applicable information into the below example as necessary). For example: The subject site is located at 123 Dwelling House Road (insert applicable street addresses and suburb). It is regular in shape and contains an area of 912m² (insert applicable site area). The site is bound by similarly zoned allotments to the north, east, south and west (list the surrounding zones if different). The site is currently unimproved or the site is improved (insert improvements i.e., a dwelling house, garage, driveway, residential storage shed etc. if applicable). It is not encumbered by any easements or it is encumbered by a sewer easement at the rear of the site (if encumbered with an easement, list the type and location of the easement). The site is flat and has a 30m frontage to Dwelling House Road.

3. Proposal Description (Provide a full description of the proposed Home Based Business use. Amend and insert the applicable information into the below example as necessary). For example: The application seeks a Development Permit for a Material Change of Use – Home Based Business (insert proposed Home Based Business use). The proposed Home Based Business will be for a (insert type of use i.e. chiropractor) which will involve (explain any other relevant details of the use i.e. the treatment of patients).



The use will be located (insert location i.e., at the rear of the dwelling), occupy (insert number/location of rooms and square metres, i.e., 2 bedrooms and a total of 70m²) and comprise of (insert description i.e., a reception area and two (2) consulting rooms). The business will operate between the hours of (insert hours i.e., 8:00am to 5:00pm Monday to Friday) and employ (insert total number of staff). Approximately (insert number of customers) customers are expected on a daily basis with a maximum of (insert number of customers) customers being on-site at any one time. (Insert any new work which is proposed for the Home Based Business i.e., new driveway, car parking spaces, landscaping, internal building works etc.).

4. Referral Agencies (select the relevant option from the three below) (There are no referral agencies for this application). Or (Referral is required to the Department of State Development, Infrastructure and Planning for (insert reason for referral)). Or (A pre-referral response has been received from the Department of State Development, Infrastructure and Planning and is attached. As a result no acknowledgment notice is required).

5. Planning Assessment (To undertake the planning assessment, the proposed development must be assessed against the relevant codes. Amened and insert the applicable information into each heading as necessary). Mackay City Planning Scheme 5.1 Home Based Business Code

The proposal is considered to be generally consistent with the Specific Outcomes and Acceptable/Probable Solutions of the Home Based Business Code except as outlined below in 5.1.1.

5.1.1 Non-compliances with the Home Based Business Code (only include this

section if your proposed use does not comply with the Specific Outcomes of the Home Based Business Code)

(If applicable, insert extent of non-compliances and either:

Provide justification for the non-compliance;



For Example:

Home Based Business Code Specific Outcomes

Justification

P1 The premises: (i) does not generate the need for more than two (2) off-street car parking spaces additional to the car parking spaces associated with the residential use of the premises.

For example: The proposed home based business is for a personal training use which will have maximum group sizes of three (3) persons at any one time. As a result, it is possible that the use will require three (3) additional car parking spaces. However, as the use will only operate between the hours of 9:00am and 4:00pm Monday to Friday, there will be ample space to park these three (3) vehicles on site during this time as all other occupants of the dwelling will be at work. As a result, it has been demonstrated that the additional car parking can be adequately accommodated without any disruption to surrounding residential premises or impacts on the road network and therefore, it is considered that the use complies with P1 of the Home Based Business.

Or

Include evidence of pre-lodgement advice in which Council has agreed to show discretion on the matter).

6. Conclusion

This report has been provided in support of a development application for a Material Change of Use – Home Based Business (insert proposed Home Based Business use) at 123 Dwelling House Road (insert applicable street addresses and suburb). The proposal has been assessed against the relevant codes of the Mackay City Planning Scheme and has been found to be generally consistent with the Planning Scheme. As a result, it is considered that the proposed Material Change of Use – Home Based Business (insert proposed Home Based Business use) located at 123 Dwelling House Road (insert applicable street addresses and suburb) should be approved subject to reasonable and relevant conditions.


Appendix A

Site Plan, Floor Plan & Elevations

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Appendix B IDAS Forms

IDAS form 1—Application details (Sustainable Planning Act 2009 version 3.0 effective 1 July 2013)

This form must be used for ALL development applications.

You MUST complete ALL questions that are stated to be a mandatory requirement unless otherwise identified on this form.

For all development applications, you must:

• complete this form (IDAS form 1—Application details)

• complete any other forms relevant to your application

• provide any mandatory supporting information identified on the forms as being required to accompany your application.

Attach extra pages if there is insufficient space on this form.

All terms used on this form have the meaning given in the Sustainable Planning Act 2009 (SPA) or the Sustainable Planning Regulation 2009.

This form and any other IDAS form relevant to your application must be used for development applications relating to strategic port land and Brisbane core port land under the Transport Infrastructure Act 1994 and airport land under the Airport Assets (Restructuring and Disposal) Act 2008. Whenever a planning scheme is mentioned, take it to mean land use plan for the strategic port land, Brisbane core port land or airport land.

PLEASE NOTE: This form is not required to accompany requests for compliance assessment.

This form can also be completed online using MyDAS at www.dsdip.qld.gov.au/MyDAS

Mandatory requirements

Applicant details (Note: the applicant is the person responsible for making the application and need not be the owner of the land. The applicant is responsible for ensuring the information provided on all IDAS application forms is correct. Any development permit or preliminary approval that may be issued as a consequence of this application will be issued to the applicant.)

Name/s (individual or company name in full)

For companies, contact name

Postal address

Suburb

State Postcode

Country

Contact phone number

Mobile number (non-mandatory requirement)

Fax number (non-mandatory requirement)

IDAS form 1—Application details Version 3.0—1 July 2013

Email address (non-mandatory requirement)

@

Applicant’s reference number (non-mandatory requirement)

1. What is the nature of the development proposed and what type of approval is being sought?

Table A—Aspect 1 of the application (If there are additional aspects to the application please list in Table B—Aspect 2.)

a) What is the nature of the development? (Please only tick one box.)

Material change of use

Reconfiguring a lot Building work Operational work

b) What is the approval type? (Please only tick one box.)

Preliminary approval under s241 of SPA

Preliminary approval under s241 and s242 of SPA

Development permit

c) Provide a brief description of the proposal, including use definition and number of buildings or structures where applicable (e.g. six unit apartment building defined as a multi-unit dwelling, 30 lot residential subdivision etc.)

d) What is the level of assessment? (Please only tick one box.)

Impact assessment

Code assessment

Table B—Aspect 2 of the application (If there are additional aspects to the application please list in Table C—Additional aspects of the application.)

a) What is the nature of development? (Please only tick one box.)

Material change of use

Reconfiguring a lot Building work Operational work

b) What is the approval type? (Please only tick one box.)

Preliminary approval under s241 of SPA

Preliminary approval under s241 and s242 of SPA

Development permit

c) Provide a brief description of the proposal, including use definition and number of buildings or structures where applicable (e.g. six unit apartment building defined as a multi-unit dwelling, 30 lot residential subdivision etc.)

d) What is the level of assessment?

Impact assessment

Code assessment

Table C—Additional aspects of the application (If there are additional aspects to the application please list in a separate table on an extra page and attach to this form.)

Refer attached schedule

Not required


2. Location of the premises (Complete Table D and/or Table E as applicable. Identify each lot in a separate row.)

Table D—Street address and lot on plan for the premises or street address and lot on plan for the land adjoining or adjacent to the premises (Note: this table is to be used for applications involving taking or interfering with water). (Attach a separate schedule if there is insufficient space in this table.)

Street address and lot on plan (All lots must be listed.)

Street address and lot on plan for the land adjoining or adjacent to the premises (Appropriate for development in water but adjoining or adjacent to land, e.g. jetty, pontoon. All lots must be listed.)

Street address Lot on plan description

Lot Unit no.

Street no.

Street name and official suburb/ locality name

Post-code

Lot no. Plan type and plan no.

Local government area (e.g. Logan, Cairns)

i)

ii)

iii)

Planning scheme details (If the premises involves multiple zones, clearly identify the relevant zone/s for each lot in a separate row in the below table. Non-mandatory)

Lot Applicable zone / precinct Applicable local plan / precinct Applicable overlay/s

i)

ii)

iii)

Table E—Premises coordinates (Appropriate for development in remote areas, over part of a lot or in water not adjoining or adjacent to land e.g. channel dredging in Moreton Bay.) (Attach a separate schedule if there is insufficient space in this table.)

Coordinates (Note: place each set of coordinates in a separate row)

Easting Northing Latitude Longitude

Zone reference

Datum Local government area (if applicable)

GDA94

WGS84

other

3. Total area of the premises on which the development is proposed (indicate square metres)

4. Current use/s of the premises (e.g. vacant land, house, apartment building, cane farm etc.)


5. Are there any current approvals (e.g. a preliminary approval) associated with this application? (Non-mandatory requirement)

No Yes—provide details below

List of approval reference/s Date approved (dd/mm/yy) Date approval lapses (dd/mm/yy)

6. Is owner’s consent required for this application? (Refer to notes at the end of this form for more information.)

No

Yes—complete either Table F, Table G or Table H as applicable

Table F

Name of owner/s of the land

I/We, the above-mentioned owner/s of the land, consent to the making of this application.

Signature of owner/s of the land

Date

Table G


The owner’s written consent is attached or will be provided separately to the assessment manager.

Table H


By making this application, I, the applicant, declare that the owner has given written consent to the making of the application.

7. Identify if any of the following apply to the premises (Tick applicable box/es.)

Adjacent to a water body, watercourse or aquifer (e.g. creek, river, lake, canal)—complete Table I

On strategic port land under the Transport Infrastructure Act 1994—complete Table J

In a tidal water area—complete Table K

On Brisbane core port land under the Transport Infrastructure Act 1994 (No table requires completion.)

On airport land under the Airport Assets (Restructuring and Disposal) Act 2008 (no table requires completion)

Table I

Name of water body, watercourse or aquifer

Table J

Lot on plan description for strategic port land Port authority for the lot


Table K

Name of local government for the tidal area (if applicable) Port authority for the tidal area (if applicable)

8. Are there any existing easements on the premises? (e.g. for vehicular access, electricity, overland flow, water etc)

No Yes—ensure the type, location and dimension of each easement is included in the plans submitted

9. Does the proposal include new building work or operational work on the premises? (Including any services)

No Yes—ensure the nature, location and dimension of proposed works are included in plans submitted

10. Is the payment of a portable long service leave levy applicable to this application? (Refer to notes at the end of this form for more information.)

No—go to question 12 Yes

11. Has the portable long service leave levy been paid? (Refer to notes at the end of this form for more information.)

No

Yes—complete Table L and submit with this application the yellow local government/private certifier’s copy of the receipted QLeave form

Table L

Amount paid Date paid

(dd/mm/yy)

QLeave project number (6 digit number starting with A, B, E, L or P)

12. Has the local government agreed to apply a superseded planning scheme to this application under section 96 of the Sustainable Planning Act 2009?

No

Yes—please provide details below

Name of local government Date of written notice given by local government (dd/mm/yy)

Reference number of written notice given by local government (if applicable)


13. List below all of the forms and supporting information that accompany this application (Include all IDAS forms, checklists, mandatory supporting information etc. that will be submitted as part of this application. Note: this question does not apply for applications made online using MyDAS)

Description of attachment or title of attachment Method of lodgement to assessment manager

14. Applicant’s declaration

By making this application, I declare that all information in this application is true and correct (Note: it is unlawful to provide false or misleading information)

Notes for completing this form • Section 261 of the Sustainable Planning Act 2009 prescribes when an application is a properly-made application.

Note, the assessment manager has discretion to accept an application as properly made despite any non-compliance with the requirement to provide mandatory supporting information under section 260(1)(c) of the Sustainable Planning Act 2009

Applicant details

• Where the applicant is not a natural person, ensure the applicant entity is a real legal entity. Question 1

• Schedule 3 of the Sustainable Planning Regulation 2009 identifies assessable development and the type of assessment. Where schedule 3 identifies assessable development as “various aspects of development” the applicant must identify each aspect of the development on Tables A, B and C respectively and as required.

Question 6

• Section 263 of the Sustainable Planning Act 2009 sets out when the consent of the owner of the land is required for an application. Section 260(1)(e) of the Sustainable Planning Act 2009 provides that if the owner’s consent is required under section 263, then an application must contain, or be accompanied by, the written consent of the owner, or include a declaration by the applicant that the owner has given written consent to the making of the application. If a development application relates to a state resource, the application is not required to be supported by evidence of an allocation or entitlement to a state resource. However, where the state is the owner of the subject land, the written consent of the state, as landowner, may be required. Allocation or entitlement to the state resource is a separate process and will need to be obtained before development commences.

Question 11

• The Building and Construction Industry (Portable Long Service Leave) Act 1991 prescribes when the portable long service leave levy is payable.

• The portable long service leave levy amount and other prescribed percentages and rates for calculating the levy are prescribed in the Building and Construction Industry (Portable Long Service Leave) Regulation 2002.


Department of State Development, Infrastructure and Planning PO Box 15009 City East Qld 4002 tel 13 QGOV (13 74 68) [email protected] www.dsdip.qld.gov.au

Question 12

• The portable long service leave levy need not be paid when the application is made, but the Building and Construction Industry (Portable Long Service Leave) Act 1991 requires the levy to be paid before a development permit is issued.

• Building and construction industry notification and payment forms are available from any Queensland post office or agency, on request from QLeave, or can be completed on the QLeave website at www.qleave.qld.gov.au. For further information contact QLeave on 1800 803 481 or visit www.qleave.qld.gov.au.

Privacy—The information collected in this form will be used by the Department of State Development, Infrastructure and Planning (DSDIP), assessment manager, referral agency and/or building certifier in accordance with the processing and assessment of your application. Your personal details should not be disclosed for a purpose outside of the IDAS process or the provisions about public access to planning and development information in the Sustainable Planning Act 2009, except where required by legislation (including the Right to Information Act 2009) or as required by Parliament. This information may be stored in relevant databases. The information collected will be retained as required by the Public Records Act 2002.

OFFICE USE ONLY

Date received Reference numbers

NOTIFICATION OF ENGAGEMENT OF A PRIVATE CERTIFIER

To Council. I have been engaged as the private certifier for the building work referred to in this application

Date of engagement Name BSA Certification license number

Building classification/s

QLEAVE NOTIFICATION AND PAYMENT (For completion by assessment manager or private certifier if applicable.)

Description of the work QLeave project number

Amount paid ($)

Date paid

Date receipted form sighted by assessment manager

Name of officer who sighted the form

The Sustainable Planning Act 2009 is administered by the Department of State Development, Infrastructure and Planning. This form and all other required application materials should be sent to your assessment manager and any referral agency.

IDAS form 5—Material change of use assessable against a planning scheme (Sustainable Planning Act 2009 version 3.0 effective 1 July 2013)

This form must be used for development applications for a material change of use assessable against a planning scheme.

You MUST complete ALL questions that are stated to be a mandatory requirement unless otherwise identified on this form.

For all development applications, you must:

• complete IDAS form 1—Application details

• complete any other forms relevant to your application

• provide any mandatory supporting information identified on the forms as being required to accompany your application.

Attach extra pages if there is insufficient space on this form.

All terms used on this form have the meaning given in the Sustainable Planning Act 2009 (SPA) or the Sustainable Planning Regulation 2009.

This form must also be used for material change of use on strategic port land and Brisbane core port land under the Transport Infrastructure Act 1994 and airport land under the Airport Assets (Restructuring and Disposal) Act 2008 that requires assessment against the land use plan for that land. Whenever a planning scheme is mentioned, take it to mean land use plan for the strategic port land, Brisbane core port land or airport land.

This form can also be completed online using MyDAS at www.dsdip.qld.gov.au/MyDAS

Mandatory requirements

1. Describe the proposed use. (Note: this is to provide additional detail to the information provided in question 1 of IDAS form 1—Application details. Attach a separate schedule if there is insufficient space in this table.)

General explanation of the proposed use

Planning scheme definition (include each definition in a new row) (non-mandatory)

No. of dwelling units (if applicable) or gross floor area (if applicable)

Days and hours of operation (if applicable)

No. of employees (if applicable)

2. Are there any current approvals associated with the proposed material change of use? (e.g. a preliminary approval.)

No Yes—provide details below

List of approval reference/s Date approved (dd/mm/yy) Date approval lapses (dd/mm/yy)

IDAS form 5—Material change of use assessable against a planning scheme

Version 3.0—1July 2013

3. Does the proposed use involve the following? (Tick all applicable boxes.)

The reuse of existing buildings on the premises No Yes

New building work on the premises No Yes

The reuse of existing operational work on the premises No Yes

New operational work on the premises No Yes

Mandatory supporting information

4. Confirm that the following mandatory supporting information accompanies this application

Mandatory supporting information Confirmation of lodgement

Method of lodgement

All applications

A site plan drawn to an appropriate scale (1:100, 1:200 or 1:500 are recommended scales) which shows the following:

• the location and site area of the land to which the application relates (relevant land)

• the north point

• the boundaries of the relevant land

• any road frontages of the relevant land, including the name of the road

• the location and use of any existing or proposed buildings or structures on the relevant land (note: where extensive demolition or new buildings are proposed, two separate plans [an existing site plan and proposed site plan] may be appropriate)

• any existing or proposed easements on the relevant land and their function

• the location and use of buildings on land adjoining the relevant land

• all vehicle access points and any existing or proposed car parking areas on the relevant land. Car parking spaces for persons with disabilities and any service vehicle access and parking should be clearly marked

• for any new building on the relevant land, the location of refuse storage

• the location of any proposed retaining walls on the relevant land and their height

• the location of any proposed landscaping on the relevant land

• the location of any stormwater detention on the relevant land.

Confirmed

A statement about how the proposed development addresses the local government’s planning scheme and any other planning instruments or documents relevant to the application.

Confirmed

A statement about the intensity and scale of the proposed use (e.g. number of visitors, number of seats, capacity of storage area etc.).

Confirmed

Information that states:

• the existing or proposed floor area, site cover, maximum number of storeys and maximum height above natural ground level for existing or new buildings (e.g. information regarding existing buildings but not being reused)

• the existing or proposed number of on-site car parking bays, type of vehicle cross-over (for non-residential uses) and vehicular servicing arrangement (for non-residential uses).

Confirmed

Not applicable

IDAS form 5—Material change of use assessable against a planning scheme

Version 3.0—1July 2013

Department of State Development, Infrastructure and Planning PO Box 15009 City East Qld 4002 tel 13 QGOV (13 74 68) [email protected] www.dsdip.qld.gov.au

A statement addressing the relevant part(s) of the State Development Assessment Provisions (SDAP).

Confirmed

Not applicable

When the application involves the reuse of existing buildings

Plans showing the size, location, existing floor area, existing site cover, existing maximum number of storeys and existing maximum height above natural ground level of the buildings to be reused.

Confirmed

Not applicable

When the application involves new building work (including extensions)

Floor plans drawn to an appropriate scale (1:50, 1:100 or 1:200 are recommended scales) which show the following:

• the north point

• the intended use of each area on the floor plan (for commercial, industrial or mixed use developments only)

• the room layout (for residential development only) with all rooms clearly labelled

• the existing and the proposed built form (for extensions only)

• the gross floor area of each proposed floor area.

Confirmed

Elevations drawn to an appropriate scale (1:100, 1:200 or 1:500 are recommended scales) which show plans of all building elevations and facades, clearly labelled to identify orientation (e.g. north elevation)

Confirmed

Plans showing the size, location, proposed site cover, proposed maximum number of storeys, and proposed maximum height above natural ground level of the proposed new building work.

Confirmed

Not applicable

When the application involves reuse of other existing work

Plans showing the nature, location, number of on-site car parking bays, existing area of landscaping, existing type of vehicular cross-over (non-residential uses), and existing type of vehicular servicing arrangement (non-residential uses) of the work to be reused.

Confirmed

Not applicable

When the application involves new operational work

Plans showing the nature, location, number of new on-site car parking bays, proposed area of new landscaping, proposed type of new vehicle cross-over (non-residential uses), proposed maximum new vehicular servicing arrangement (non-residential uses) of the proposed new operational work.

Confirmed

Not applicable

Privacy—Please refer to your assessment manager, referral agency and/or building certifier for further details on the use of information recorded in this form.

OFFICE USE ONLY

Date received Reference numbers

The Sustainable Planning Act 2009 is administered by the Department of State Development, Infrastructure and Planning. This form and all other required application materials should be sent to your assessment manager and any referral agency.

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