C/- Whitsunday Design & Drafting 54 Gregory St · C/- Whitsunday Design & Drafting 54 Gregory St...
Transcript of C/- Whitsunday Design & Drafting 54 Gregory St · C/- Whitsunday Design & Drafting 54 Gregory St...
YOUR REF: OUR REF: DA-2011-257
15 November 2011 Spice King Pty Ltd C/- Whitsunday Design & Drafting 54 Gregory St MACKAY QLD 4740 Dear Sir/Madam DECISION NOTICE
Applicant: Spice King Pty Ltd Proposal: Material Change of Use - Catering Shop Application Number: DA-2011-257 Address: 7/3 Rosewood Drive, RURAL VIEW QLD 4740 Property Description: Lot 7 on BUP106115
Please find enclosed the above Decision Notice with the relevant attachments:
Decision Notice Assessment Manager’s Conditions Concurrence Agencies Conditions Approved Plans Appeal Rights Notice to Commence Use Adopted Infrastructure Charge Notice If you require any further information, please contact Darryl Bibay.
This is a Mackay Regional Council digitally signed document.
Decision Notice Sustainable Planning Act
Application Number: DA-2011-257
Date of Decision: 9th November 2011
1. APPLICANT/S DETAILS
Name: Spice King Pty Ltd
Postal Address:
C/- Whitsunday Design & Drafting
54 Gregory St
MACKAY QLD 4740
2. PROPERTY DETAILS
Property Address: 7/3 Rosewood Drive, RURAL VIEW QLD 4740
Property Description: Lot 7 on BUP106115
3. OWNER’S DETAILS
Sulu Stuff Pty Ltd
4. PROPOSAL Material Change of Use - Catering Shop
5. DECISION TYPE
DEVELOPMENT DECISION Material Change of Use Development Permit
Pursuant to the Mackay City Planning Scheme
Approved in Full subject to Conditions
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Decision Notice Sustainable Planning Act
6. ASSESSMENT MANAGER’S CONDITIONS
The conditions relevant to this decision are attached to this notice. These conditions are clearly identified to indicate whether the assessment manager or a concurrence agency imposed them.
7. IDAS REFERRAL AGENCIES
Concurrence Agencies Department of Transport and Main Roads
PO Box 62 MACKAY QLD 4740
8. SUBMISSIONS
There were no properly made submissions received on this application.
9. PLANNING SCHEME
This decision is issued under the Mackay City Planning Scheme.
10. SUPERSEDED PLANNING SCHEME
Not Applicable
11. FURTHER APPROVALS REQUIRED
Building Works - Development Permit Plumbing and Drainage Works - Compliance Permit
12. PRELIMINARY APPROVAL OVERRIDING THE PLANNING SCHEME
Not Applicable
13. RELEVANT PERIOD The standard relevant period states in Section 341 of the Sustainable Planning Act apply to each aspect of development in this approval, if not stated in the conditions of approval attached.
14. APPEALS Attached is an extract from the Sustainable Planning Act which details your appeal rights and the
appeal rights of any submitters regarding this decision. 15. ASSESSMENT MANAGER SIGNATURE
Name Shane Kleve
Position Principal Planner
Signature Date
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ASSESSMENT MANAGER CONDITIONS Application Number: DA-2011-257 Applicant’s Name: Spice King Pty Ltd
Decision Date: 09 November 2011
Page 1 of 3
1. Plan of Development
The approved Catering Shop development must be completed and maintained generally in accordance 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.
Job & Number
Drawing Number
Title Rev. Prepared by Date
11/3730 01 Cover Sheet 0 Whitsunday Design &
Drafting Pty Ltd 08/2011
11/3730 02 Site Plan 0 Whitsunday Design &
Drafting Pty Ltd 08/2011
11/3730 03 Tenancy Layout – First and Ground
Floor 0
Whitsunday Design & Drafting Pty Ltd
08/2011
11/3730 04 Existing and
Demolition plan 0
Whitsunday Design & Drafting Pty Ltd
08/2011
11/3730 05 Proposed First
Floor Plan 0
Whitsunday Design & Drafting Pty Ltd
08/2011
11/3730 06 Detailed Kitchen
Layout 0
Whitsunday Design & Drafting Pty Ltd
08/2011
11/3730 07 Proposed Ground
Floor Plan 0
Whitsunday Design & Drafting Pty Ltd
08/2011
2. Maintenance of Development
Maintain the approved development (including landscaping, carparking, 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.
3. 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.
4. 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).
5. Damage
Any damage which is caused to Council’s infrastructure as a result of the proposed development must be repaired immediately.
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ASSESSMENT MANAGER CONDITIONS Application Number: DA-2011-257 Applicant’s Name: Spice King Pty Ltd
Decision Date: 09 November 2011
Page 2 of 3
6. Waste Storage Area
The location and design of the waste storage area must be located so as not to cause a nuisance to neighbouring properties in accordance with the relevant provisions of the Environmental Protection Act and Regulations.
7. Minimum Car Parking Spaces
The car parking area must be constructed, sealed, linemarked and drained for a minimum of nine (9) car parking spaces in accordance with the approved plan and maintained thereafter.
8. Use of Carparking 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.
9. General Amenity Provision
The use and or development must be managed so that the amenity of the area is not detrimentally affected, through the:
Transport of materials, goods or commodities to or from the subject site. Appearance of any building, works or materials Emission of noise, artificial light, vibration, smell, fumes, smoke, vapour,
steam, soot, ash, dust, waste water, waste products, grit or oil Presence of vermin
10. GFA of Building
The maximum Gross Floor Area of Buildings must not exceed 135m2. ASSESSMENT MANAGER’S ADVICE
1. 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.
2. Dust Control
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ASSESSMENT MANAGER CONDITIONS Application Number: DA-2011-257 Applicant’s Name: Spice King Pty Ltd
Decision Date: 09 November 2011
Page 3 of 3
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.
3. 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.
4. 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. 5. General Safety of Public during Construction
It is the principal contractor’s responsibility to ensure compliance with Section 31 of the Workplace Health and Safety Act 1995. Section 31(1)(c) states that the principal contractor is obliged on a construction workplace to ensure that work activities at the workplace are safe and without risk of injury or illness to members of the public at or near the workplace.
It is the responsibility of the person in control of the workplace to ensure compliance
with Section 30 of the Workplace Health and Safety Act 1995. Section 31(1)(c) states that the person in control of the workplace is obliged to ensure there is appropriate, safe access to and from the workplace for persons other than the person’s workers.
6. Adopted Infrastructure Charges Notice
Pursuant to the Sustainable Planning Act 2009 and the Draft State Planning Regulatory Provision (adopted charges) an Adopted Infrastructure Charges Notice relates to this Development Permit, and is attached.
Prior to making payment please contact Mackay Regional Council, Development Services, Business Support Unit to establish if any Development Incentive Policies apply to the development at the time of the payment will be made.
This is a Mackay Regional Council digitally signed document.
DATE -
JOB NO. -DWG. NO. -
NO. OF DWGS - 08/2011
01 11/3730
08
Proposed New Restaurant
Within Existing Commercial Building at
7/3 Rosewood Drive, Rural View for
Spice King Pty. Ltd.
existing carparking
Existing disabled amenitiesto be upgraded to complywith the access standard
Existing entry doors tonew restaurant fitout
DRAWING LIST
01 COVER SHEET
02 SITE PLAN
03 OVERALL BUILDING TENANCY LAYOUT
04 EXISTING FLOOR PLAN
05 PROPOSED FIRST FLOOR PLAN
06 DETAILED KITCHEN LAYOUT
07 PROPOSED GROUND FLOOR PLAN
08 REGISTERED SURVEY PLANS
existinglandscaping
Existing amenities
new company signage
This is a Mackay Regional Council digitally signed document.
EXISTING BUILDINGLOTS 7-11 onBUP 106115
EXISTING BUILDINGLOTS 1-6 onBUP 106115
PROPOSED TENANCY FITOUT.LOT 7 on BUP 106115
EXISTING PAVEMENTCOMMON PROPERTY ON
BUP 106115
LOT
PLAN
on2
SP 158456
LOT
PLAN
on2
SP 158456
LOT
PLAN
on1
SP 158456
RO
SE
WO
OD
D
RIV
E
EXISTING SITE ACCESS
EXISTING SITE ACCESS
EXISTING CARPARKING(GROUND FLOOR CARPARKS ALSO PROVIDED)
EXISTING PEDESTRIANCROSSING
1° 30' 00"
11.930
300°
33'
00"
5.55
0
1° 30' 00"
8.510
32° 28' 00"
7.600
25.3
40
90°
50' 4
0"
0° 50' 40"
14.910
49.3
00
90°
50' 4
0"
44.740
180° 49' 00"44.705
180° 49' 00"90° 11' 00"
3 .00 0
270°
50'
40"
3.00
0
74 .06 0
2 70° 11' 00"
EASEMENT J on RP 897201
EXISTING INDUSTRIAL BIN(FOR OTHER TENANCY)
OPEN PAVEMENT AREAFOR SERVICE VEHICLES
(EXISTING SERVICE STATION)
mh
mh
PROPOSED INDUSTRIAL BIN(FOR RESTAURANT)
EXISTING PAVEMENT AREA
EXISTING LANDSCAPING AREA
EXISTING BUILDING AREA
PROPOSED TENANCY FITOUT AREA
LEGEND
CLIENT
PROJECT
TITLE
SCALE -
DATE - DESIGNED -
CHECKED -
DWG. NO. -
NO. OF DWGS -
JOB NO. -
REV. -
ALL DIMENSIONS ON THIS DRAWING TAKE PRECEDENCE, DO NOT SCALE FROM THIS DRAWING.
-
-
-
REV 0 - 09/2011 - FOR TOWN PLANNING APPROVAL
As indicated
MASALA INDIAN CUISINE
PROPOSED NEW RESTAURANT AT7/3 ROSEWOOD DRIVE, RURAL VIEWSITE PLAN
08/2011 02JA
RP
11/3730
0 0708SITE PLAN
LOT
PARISH OF
COUNTY OF
LOCALITY -
on
AREA -
41BASSETT
CARLISLE
RURAL VIEW
RP 886033
2915 m²
LOT
PARISH OF
COUNTY OF
LOCALITY -
on
AREA -
JBASSETT
CARLISLE
RURAL VIEW
RP 897201
134 m²
LOT
PARISH OF
COUNTY OF
LOCALITY -
on
AREA -
7BASSETT
CARLISLE
RURAL VIEW
BUP 106115
141 m²
OVERALL SITE
EASEMENT
TENANCY 7
PROPERTY DESCRIPTIONS
This is a Mackay Regional Council digitally signed document.
STAIRWELL
EXISTING ADJACENT TENANCIES
EXISTING CARPARKING
EXISTINGDISABLEDCARPARK
EXISTING CARPARKING
EXISTING LANDSCAPING
EXISTING SHAREDAMENITIES FOR WHOLEOF COMPLEX
PROPOSED TENANCY FITOUT134.80sqm
PROPOSEDDISABLEDTOILET FITOUT- 5.90sqm
2900 2900
EXISTING DISABLEDSHARED ZONE /
PEDESTRIAN CROSSING
1 2 3 4 5 6 7 8 9 10 11 12
hws existinga/c
existinga/c
STAIRWELL
FHR
EXISTING BASEMENT CARPARKING AC
CE
SS
13 14 15 16 17 18 19 20 21 22 23
37 36 35 34 33 29 28 27 26 25 2432 31 30
2 x 210kg GASBOTTLES
BOLLARDS
EXISTING GREASE TRAP
LOCAL AUTHORITY ZONING & ASSESSMENTPROPERTY ADDRESS - 7/3 ROSEWOOD DRIVE, RURAL VIEW
REAL PROPERTY DESCRIPTION - LOT 7 on BUP 106115
ZONE DESCRIPTION - COMMERCIAL
LOCALITY - MACKAY FRAME
PLANNING PRECINCT - McCREADYS CREEK
CARPARKING REQUIREMENTS
MEDICAL CENTRE - 6 CONSULTING ROOMS = 24(4 SPACES PER CONSULTING ROOM)
DISABILITY ACCESS - PART D3Building access to part D3.2In accordance with AS1248.1 - design for access & mobility
Carparking to part D3.5(1 disability carpark/100 carparks)
Access rampMax gradient to be 1 in 14 - AS1428.1 Clauses 10.3Max length to be 9m - AS1428.1 clause 10.3Ramped threshold - 1 on 8 max. 35mm max. height - AS 1428.1 Clause 10.5
ARTIFICIAL LIGHTINGIn accordance with part F4.4 - The Installation Must Comply With AS/NZS1680.0
VENTILATIONGeneral Areas - Natural Ventilation in accordance with F4.6Sanitary Compartment - Mechanical Ventilation in accordance with F4.5
NOISE TRANSMISSION & INSULATIONIn accordance with part F5.2
EXISTING APPROVED TENANCY
CATERING SHOP- 135.0m² = 9(1 SPACE PER 15sqm GFA)
PROPOSED TENANCY
EXISTING CARPARKS = 37
EXISTING CARPARKS FOR OVERALL BUILDING
CLIENT
PROJECT
TITLE
SCALE -
DATE - DESIGNED -
CHECKED -
DWG. NO. -
NO. OF DWGS -
JOB NO. -
REV. -
ALL DIMENSIONS ON THIS DRAWING TAKE PRECEDENCE, DO NOT SCALE FROM THIS DRAWING.
-
-
-
REV 0 - 09/2011 - FOR TOWN PLANNING APPROVAL
As indicated
MASALA INDIAN CUISINE
PROPOSED NEW RESTAURANT AT7/3 ROSEWOOD DRIVE, RURAL VIEWOVERALL BUILDING TENANCYLAYOUT
08/2011 03JA
RP
11/3730
0 0708
SCALE: 1 : 200
TENANCY LAYOUT - FIRST FLOOR LAYOUT
SCALE: 1 : 200
TENANCY LAYOUT - GROUND FLOOR LAYOUTThis is a Mackay Regional Council digitally signed document.
existing covered pathway
maleamenities
urin
al store
femaleamenities
disabledunisex
amenities
consultingroom 4
consultingroom 5
consultingroom 6
consultingroom 1
consultingroom 2
consultingroom 3
lunch room
receptionarea
BUILDING ELEMENTS TO BEDEMOLISHED SHOWN THUS
CLIENT
PROJECT
TITLE
SCALE -
DATE - DESIGNED -
CHECKED -
DWG. NO. -
NO. OF DWGS -
JOB NO. -
REV. -
ALL DIMENSIONS ON THIS DRAWING TAKE PRECEDENCE, DO NOT SCALE FROM THIS DRAWING.
-
-
-
REV 0 - 09/2011 - FOR TOWN PLANNING APPROVAL
1 : 100
MASALA INDIAN CUISINE
PROPOSED NEW RESTAURANT AT7/3 ROSEWOOD DRIVE, RURAL VIEWEXISTING FLOOR PLAN
08/2011 04JA
RP
11/3730
0 08
EXISTING FLOOR PLAN DEMOLITION FLOOR PLAN'EXISTING USE - 'HEALTH CARE CENTRE'
This is a Mackay Regional Council digitally signed document.
sink
sink
dw
handbasin
benc
h
benc
h
freez
erfre
ezer
fridg
efri
dge
shel
ves
benc
h
coldroom
fw
dry
good
s
coun
ter
4510 - kitchen 70 7120 - dining
8950 -
kitchen
Kitchen
Dining Area
tandoorioven
burners
burners
burners
exha
ust h
ood
sink
3070 - kitchen 70
coldroom
1900 140 6520 - dining
12591 -
din
ing
13561 -
din
ing
3910 - kitchen 70 2900 - counter 4820 - dining
existing covered pathway
0918 SW 0918 SW
2148 SGD
maleamenities
urin
al store
femaleamenities
disabledunisex
amenities
hws existinga/c
existinga/c
DINING AREA81.10sqm
COUNTER12.70sqm
COLDROOM5.40sqm
KITCHEN35.60sqm
AMENITIES5.90sqm
CLIENT
PROJECT
TITLE
SCALE -
DATE - DESIGNED -
CHECKED -
DWG. NO. -
NO. OF DWGS -
JOB NO. -
REV. -
ALL DIMENSIONS ON THIS DRAWING TAKE PRECEDENCE, DO NOT SCALE FROM THIS DRAWING.
-
-
-
REV 0 - 09/2011 - FOR TOWN PLANNING APPROVAL
As indicated
MASALA INDIAN CUISINE
PROPOSED NEW RESTAURANT AT7/3 ROSEWOOD DRIVE, RURAL VIEWPROPOSED FIRST FLOOR PLAN
08/2011 05JA
RP
11/3730
0 08
SCALE: 1 : 100
PROPOSED TENANCY FLOOR PLAN
PROPOSED FLOOR AREA PLAN
'PROPOSED USE - 'CATERING SHOP'
This is a Mackay Regional Council digitally signed document.
sink
bow
lpo
t sin
k
sink
bow
lco
mm
erci
alsi
nk
dishwasher
stainless steelhand basin
benc
h
stai
nles
s st
eel b
ench
freez
erfre
ezer
fridg
efri
dge
shel
ves
stai
nles
s st
eel b
ench
coldroom
floorwaste
dry
good
s
coun
ter
Kitchen
tandoorioven
burners
burners
burners
exha
ust h
ood
single bowlcommercial sink
cleanerssink
700 -bench 1000 800 -dw 570 -cs 70 1900 70 70
4150 -
exhaust
1100
700
3000 -
bench
500 -
cs
840
1200 -
bench
2410
4000 -
bench
70
2400 -
cold
room
70
2410
70
1250 -
frg
1430 -
shelv
es
1250 -
frg
600 -
counte
r3330
600 -
counte
r1170
70
1240 -
bench
70
2400
70
4530 -
counte
r1170
3850
650
750
100
450
1050
100
(sinks)
500 100 1770 600 -bench70 1900 -coldroom 70 70
500 -sink 4010 600 -bench 70
1200 -exhaust 700 700 -bench 1310 70 575 -shlv 800 1525 -counter
1200 700 700 1310 70 575 1725 600 - counter
CLIENT
PROJECT
TITLE
SCALE -
DATE - DESIGNED -
CHECKED -
DWG. NO. -
NO. OF DWGS -
JOB NO. -
REV. -
ALL DIMENSIONS ON THIS DRAWING TAKE PRECEDENCE, DO NOT SCALE FROM THIS DRAWING.
-
-
-
REV 0 - 09/2011 - FOR TOWN PLANNING APPROVAL
1 : 50
MASALA INDIAN CUISINE
PROPOSED NEW RESTAURANT AT7/3 ROSEWOOD DRIVE, RURAL VIEWDETAILED KITCHEN LAYOUT
08/2011 06JA
RP
11/3730
0 08
DETAILED KITCHEN LAYOUT
This is a Mackay Regional Council digitally signed document.
STAIRWELL
FHR
EXISTING BASEMENT CARPARKING
13 14 15 16 17 18 19 20 21
37 36 35 34 33 29 28 27 2632 31 30
2 x 210kg GASBOTTLES
BOLLARDS
EXISTING GREASE TRAP
CLIENT
PROJECT
TITLE
SCALE -
DATE - DESIGNED -
CHECKED -
DWG. NO. -
NO. OF DWGS -
JOB NO. -
REV. -
ALL DIMENSIONS ON THIS DRAWING TAKE PRECEDENCE, DO NOT SCALE FROM THIS DRAWING.
-
-
-
REV 0 - 09/2011 - FOR TOWN PLANNING APPROVAL
1 : 100
MASALA INDIAN CUISINE
PROPOSED NEW RESTAURANT AT7/3 ROSEWOOD DRIVE, RURAL VIEWPROPOSED GROUND FLOOR PLAN
08/2011 07JA
RP
11/3730
0 0708
PROPOSED GROUND FLOOR LAYOUT
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Decision Notice Sustainable Planning Act
Civic Precinct, Gordon Street Telephone 1300 622 529 Email [email protected] PO Box 41 │Mackay │QLD 4740 │ Australia Facsimile 07 4944 2400 www.mackay.qld.gov.au
Sustainable Planning Act Appeals Chapter 7 Part 1 Planning and Environment Court:
Division 8 – Appeals to court relating to development applications 1) An applicant for a development application may appeal to the court against any of the following - (a) the refusal, or the refusal in part, of the development application; (b) any condition of a development approval, another matter stated in a development approval and the identification or inclusion of a code under section 242; (c) the decision to give a preliminary approval when a development permit was applied for; (d) the length of a period mentioned in section 341; (e) a deemed refusal of the development application. (2) An appeal under subsection (1)(a), (b), (c), or (d) must be started within 20 business days (the applicant’s appeal period) after- (a) if a decision notice or negotiated decision notice is given-the day the decision notice or negotiated decision notice is given to the applicant; or (b) otherwise-the day a decision notice was required to be given to the applicant.
462 Appeals by submitters - General (1) A submitter for a development application may appeal to the court only against- (a) the part of the approval relating to the assessment manager’s decision about any part of the application requiring impact assessment under section 314; or (b) the part of the approval relating to the assessment manager’s decision under section 327 (2) To the extent an appeal may be made under subsection (1), the appeal may be against 1 or more of the following- (a) the giving of a development approval; (b) any provision of the approval including- (i) a condition of, or lack of condition for, the approval; or (ii)the length of a period mentioned in section 341 for the approval. (3) However, a submitter may not appeal if the submitter- (a) withdraws the submission before the application is decided; or (b) has given the assessment manager a notice under section 339(1)(b)(ii) (4) The appeal must be started within 20 business days (the submitter’s appeal period) after the decision notice or negotiated decision notice is given to the submitter.
463 Additional and extended appeal rights for submitters for particular development applications (1) This section applies to a development application to which chapter 9, part 7 applies. (2) A submitter of a properly made submission for the application may appeal to the court about a referral agency’s response made by a prescribed concurrence agency for the application. (3) However, the submitter may only appeal against a referral agency’s response to the extent it relates to- (a) if the prescribed concurrence agency is the chief executive (fisheries)-development that is- (i)a material change of use of premises for aquaculture; or (ii)operational work that is the removal, damage or destruction of a marine plant. (4) Despite section 462(1), the submitter may appeal against the following matters for the application even if the matters relate to code assessment- (a) a decision about a matter mentioned in section 462(2) if it is a decision of the chief executive (fisheries); (b) a referral agency’s response mentioned in subsection (2)
464 Appeals by advice agency submitters (1) Subsection (2) applies if an advice agency, in its response for an application, told the assessment manager to treat the response as a properly made submission. (2) The advice agency may, within the limits of its jurisdiction, appeal to the court about- (a) any part of the approval relating to the assessment manager’s decision about any part of the application requiring impact assessment under section 314; or (b) any part of the approval relating to the assessment manager’s decision under section 327. (3) The appeal must be started within 20 business days after the day the decision notice or negotiated decision notice is given to the advice agency as a submitter. (4) However, if the advice agency has given the assessment manager a notice under section 339(1)(b)(ii), the advice agency may not appeal the decision.
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Decision Notice Sustainable Planning Act
NOTICE OF INTENTION TO COMMENCE USE
Planning Approval DA-2011-257
Date of Approval 09-Nov-2011
Approved Material Change of Use - Catering Shop
Location 7/3 Rosewood Drive, RURAL VIEW QLD 4740
Property Description L7/BUP106115
I am hereby notifying you of my intention to commence the approved use on ______________________________ (insert date). I have read the conditions of the above Decision Notice and believe that all the applicable conditions have been complied with. Applicant: Spice King Pty Ltd Address: C/- Whitsunday Design & Drafting, 54 Gregory St,
MACKAY QLD 4740
_________________________________________ Signature of Applicant Date: ______________
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ADOPTED INFRASTRUCTURE CHARGES NOTICE Sustainable Planning Act 2009 and Local Government Act 2009
To: Spice King Pty Ltd C/- Whitsunday Design & Drafting 54 Gregory St MACKAY QLD 4740
Ref Number DA-2011-257
LAND TO WHICH THE INFRASTRUCTURE CHARGE APPLIES Planning Scheme: Mackay City Planning Scheme Lot & Plan Number: Lot 7 on BUP106115 Property Address: 7/3 Rosewood Drive, RURAL VIEW QLD 4740 DEVELOPMENT TO WHICH THE ADOPTED INFRASTRUCTURE CHARGE APPLIES The adopted infrastructure charge applies to the following development type: Material Change of Use - Catering Shop AMOUNT OF THE ADOPTED INFRASTRUCTURE CHARGE The adopted infrastructure charge has been calculated in accordance with an adopted infrastructure charges resolution under the Sustainable Planning Act 2009.
NET CHARGE AMOUNT – 5,392.00+ annual adjustments and/or reviews
CHARGE CALCULATION
Charge Category Adopted
Infrastructure Charge
Demand Units No. of
Demand Units
Charge Amount
Commercial (Catering Shop)
$180 M2 Gross Floor Area
(GFA) 134.8 $24,264.00
Gross Charge Amount Total $24,264.00 APPLIED CREDIT CALCULATION
Charge Category Credit Unit Value of Credit Unit No of Credit
Units Applied Credit
Amount
Essential Services (Health Care
Centre)
M2 Gross Floor Area (GFA)
$140 134.8 $18,872
Applied Credit Amount Total $18,872 NET CHARGE SUMMARY
Gross Charge Amount Applied Credit Amount Net Charge Amount
$24,264.00 $18,872 $5,392
ADJUSTMENTS TO THE CHARGE The amount of the adopted infrastructure charge is subject to escalation in accordance with relevant legislation from the date of the notice to the date of payment. DUE DATE FOR PAYMENT Payment of the total charge must be made before the change happens if the charge applies to a Material Change of Use.
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PAYMENT DETAILS Payment of the Adopted Infrastructure Charges must be made to Mackay Regional Council via the Development Services, Business Support Unit. Please contact Mackay Regional Council, prior to making payment to confirm details. Phone: (07) 4961 9098 or e-mail [email protected] Payment can be made at:
42 Wellington Street, Mackay cheque to PO Box 41. Mackay, QLD 4740
or credit card
GOODS AND SERVICES TAX The federal government has determined that rates and utility charges levied by local government will be GST free. Accordingly, no GST is included in this infrastructure charges notice. FAILURE TO PAY CHARGE An adopted infrastructure charge levied by a local government is, for the purposes of recovery, taken to be a rate within the meaning of the Local Government Act 2009. Compound annual interest at 11% calculated daily is to be applied on an overdue charge. This notice will lapse if the development approval stops having effect APPEAL RIGHTS Attached is an extract from the Sustainable Planning Act 2009 which details the appeal rights in relation to this notice (sections 478, 535 and 675 to 680). ENQUIRIES Enquiries regarding this Adopted Infrastructure Charge Notice should be directed to the Development Services, Business Support Unit on phone: (07) 4961 9098 or e-mail [email protected] John Caldwell Manager Development Assessment
Date of Issue:
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Chapter 7 Appeals, offences and enforcement – Part 1 Planning and Environment Court – Division 10 Appeals to court about other matters Section 478 Appeals about particular charges for infrastructure (1) This section applies to a person who has been given, and is dissatisfied with—
(a) an infrastructure charges notice, regulated infrastructure charges notice, adopted infrastructure charges notice or regulated State infrastructure charges notice; or
(b) a negotiated infrastructure charges notice, negotiated regulated infrastructure charges notice, negotiated adopted infrastructure charges notice or negotiated regulated State infrastructure charges notice
(2) The person may appeal to the court against the notice. (3) An appeal against a notice mentioned in subsection (1) must be started within 20 business days after the day the notice is given to the person. (4) An appeal under this section may only be about—
(a) whether a charge in the notice is so unreasonable that no reasonable relevant local government, State infrastructure provider or coordinating agency could have imposed it; or
(b) an error in the calculation of the charge. (5) To remove any doubt, it is declared that an appeal under this section cannot be about the methodology used to establish an adopted infrastructure
charge or the charge in a relevant infrastructure charges schedule, regulated infrastructure charges schedule or regulated State infrastructure charges schedule.
Chapter 7 Appeals, offences and enforcement – Part 2 Building & development dispute resolution committees - Division 7 Appeals about particular charges 535 Appeals about charges for infrastructure (1) This section applies to a person who—
(a) has been given— (i) an infrastructure charges notice, regulated infrastructure charges notice, adopted infrastructure charges notice or regulated State
infrastructure charges notice; or (ii) a negotiated infrastructure charges notice, negotiated regulated infrastructure charges notice, negotiated adopted infrastructure charges
notice or negotiated regulated State infrastructure charges notice; and (b) is dissatisfied with the calculation of a charge in the notice.
(2) The person may appeal to a building and development committee about an error in the calculation of the charge. (3) An appeal about a notice mentioned in subsection (1)(a) must be started within 20 business days after the day the notice is given to the person. (4) To remove any doubt, it is declared that an appeal under this section can not be about the methodology used to establish an adopted infrastructure
charge or the charge in a relevant infrastructure charges schedule, regulated infrastructure charges schedule or regulated State infrastructure charges schedule.
Chapter 8 Infrastructure – Part 4 Changing notices 675 Definition for pt 4 In this part – relevant appeal period, for a person who has been given an infrastructure charges notice, regulated infrastructure charges notice, adopted infrastructure charges notice or regulated State infrastructure charges notice, means the period within which the person may appeal against the notice to the court or a building and development committee under section 478 or 535. 676 Application of pt 4 This part applies to a person who has been given an infrastructure charges notice, regulated infrastructure charges notice, adopted infrastructure charges notice or regulated State infrastructure charges notice only during the person’s relevant appeal period. 677 Representations about notice The person may make representations about the notice to the entity that gave the notice. 678 Consideration of representations The entity that gave the infrastructure charges notice, regulated infrastructure charges notice, adopted infrastructure charges notice or regulated State infrastructure charges notice must consider any representations made to the entity under section 677. 679 Decision about representations (1) If the entity agrees with any of the representations, the entity must give to the person—
(a) for representations about an infrastructure charges notice—a new infrastructure charges notice (the negotiated infrastructure charges notice); or
(b) for representations about a regulated infrastructure charges notice—a new regulated infrastructure charges notice (the negotiated regulated infrastructure charges notice); or
(c) for representations about an adopted infrastructure charges notice—a new adopted infrastructure charges notice (the negotiated adopted infrastructure charges notice); or
(d) for representations about a regulated State infrastructure charges notice—a new regulated State infrastructure charges notice (the negotiated regulated State infrastructure charges notice).
(2) The entity may give only 1 negotiated infrastructure charges notice, negotiated regulated infrastructure charges notice, negotiated adopted infrastructure charges notice or negotiated regulated State infrastructure charges notice.
(3) The negotiated infrastructure charges notice, negotiated regulated infrastructure charges notice, negotiated adopted infrastructure charges notice or negotiated regulated State infrastructure charges notice— (a) must be given within 5 business days after the day the entity agrees with the representations; and (b) must be in the same form as the notice previously given; and (c) must state the nature of the changes; and (d) replaces the notice previously given.
(4) If the entity does not agree with any of the representations, the entity must, within 5 business days after the day the entity decides not to agree with any of the representations, give a written notice to the person stating the decision about the representations.
680 Suspension of relevant appeal period (1) If the person given the infrastructure charges notice, regulated infrastructure charges notice, adopted infrastructure charges notice or regulated State
infrastructure charges notice needs more time to make the written representations, the person may, by written notice given to the entity that gave the notice, suspend the person’s relevant appeal period.
(2) The person may act under subsection (1) only once. (3) If the written representations are not made within 20 business days after the day written notice was given to the entity, the balance of the person’s
relevant appeal period restarts. (4) If the written representations are made within 20 business days after the day written notice was given to the entity—
(a) if the person gives the entity a notice withdrawing the notice under subsection (1)—the balance of the person’s relevant appeal period restarts the day after the entity receives the notice of withdrawal; or
(b) if the entity gives the person a notice under section 679(4)—the balance of the person’s relevant appeal period restarts the day after the person receives the notice; or
(c) if the entity gives the person a negotiated infrastructure charges notice, negotiated regulated infrastructure charges notice, negotiated adopted infrastructure charges notice or negotiated regulated State infrastructure charges notice (the negotiated notice)—the person’s relevant appeal period starts again the day after the person receives the negotiated notice.
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