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SBANE OFFICE 07 3221 8833 07 3221 0278 [email protected]

LD COAST OFFICE07 5502 0499 07 5502 0599 [email protected]

NSHINE COAST O07 5451 0044 07 5443 1688 [email protected]

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HUMPHREYS REYNOLDS PERKINS NORTH QLD PLANNING CONSULTANTS FEBRUARY 2011 – 10NQ093 P a g e | ii

Humphreys Reynolds Perkins North Qld Planning Consultants retains ownership and copyright of the contents of this document including drawings, plans, figures and other work produced by Humphreys Reynolds Perkins North Qld Planning Consultants. This document is not to be reproduced in full or in part, unless separately approved by Humphreys Reynolds Perkins North Qld North Qld Planning Consultants. The client may use this document only for the purpose for which it was prepared. No third party is entitled to use or rely on this document. This report is based on our opinion of the town planning issues that arise from the statutory provisions relating to this site. Comments and conclusions in or construed from this report relating to matters of law are not to be relied upon. You should only rely upon the advice of your professional legal advisors with respect to matters of law. This report is provided on the basis that our standard Terms and Conditions apply. For a copy, please contact us or visit http://www.hrppc.com.au/CompanyTermsConditions.php . Our report is based on information made available by the client. The validity and comprehensiveness of supplied information has not been independently verified and, for the purposes of this report, it is assumed that the information provided to Humphreys Reynolds Perkins North Qld is both complete and accurate. Whilst, to the best of our knowledge, the information contained in this report is accurate at the date of issue, changes may occur to the site conditions, the site context or the applicable planning framework. This report should not be used after any such changes without consulting the provider of the report or a suitably qualified person.


HUMPHREYS REYNOLDS PERKINS NORTH QLD PLANNING CONSULTANTS FEBRUARY 2011 – 10NQ093 P a g e | iii

Contents

TableofContents

1. Application Summary _________________________ 1

1.1 Development Application – Common Material ___________ 2

1.2 Resource Allocation _______________________________ 3

2. Introduction ________________________________ 4

2.1 Pre-lodgment advice from Council ________________________ 4

3. Site Characteristics __________________________ 5

3.1 Site Details Summary ______________________________ 5

3.2 Site Context _____________________________________ 5 3.2.1 Location ____________________________________________ 5

3.2.2 Ownership and Tenure _________________________________ 6

3.2.3 Easements __________________________________________ 6

3.2.4 Site Land Use ________________________________________ 6

3.2.5 Site Access __________________________________________ 7

3.2.6 Site Area and Shape __________________________________ 7

3.2.7 Surrounding Land Use, Zoning and Adjacent Structures _______ 8

3.2.8 Existing Flora and Fauna _______________________________ 8

3.2.9 General Topography ___________________________________ 9

3.2.10 Waterways, Water Bodies and Watercourse Areas ___________ 9

3.2.11 Flooding and Inundation ________________________________ 9

3.2.12 Acid Sulfate Soils _____________________________________ 9

3.2.13 Existing Service Arrangements__________________________ 10

3.2.14 Indigenous and European Cultural Heritage and Native Title ___ 10

3.3 Site Contamination _______________________________ 10

4. Proposal __________________________________ 11

4.1 Proposal Overview _______________________________ 11 4.1.1 Reconfiguration of a Lot: 3 lots into 65 lots by Community Title Development _____________________________________________ 11

4.1.2 Material Change of Use _______________________________ 14

4.2.1 Site Access _________________________________________ 17


HUMPHREYS REYNOLDS PERKINS NORTH QLD PLANNING CONSULTANTS FEBRUARY 2011 – 10NQ093 P a g e | iv

4.2.2 Visual Amenity ______________________________________ 18

4.2.3 Electricity & Telecommunications ________________________ 18

4.2.2 Water Supply & Taking of Groundwater Arrangements _______ 18

4.2.5 Wastewater Treatment & Disposal _______________________ 18

4.2.6 External Traffic Impact ________________________________ 18

4.2.7 Bushfire Impact and Prevention _________________________ 19

5. Referral Agency Assessment _________________ 20

6. Public Notification __________________________ 21

7. Assessment _______________________________ 22

7.1 State Planning Regulatory Provisions ________________ 24

7.2 Regional Plan ___________________________________ 24

7.3 State Planning Policies ____________________________ 24

7.4 Sarina Shire Planning Scheme ______________________ 25 7.4.1 Desired Environmental Outcomes _______________________ 25

7.4.2 Rural Zone Code ____________________________________ 26

7.4.3 Reconfiguration a Lot Code ____________________________ 27

7.4.4 Stables, Kennels and Catteries Code _____________________ 27

7.4.5 Conservation Areas Overlay Code _______________________ 27

7.4.6 Economic Resources Overlay Code ______________________ 28

7.4.7 Natural Hazards Management Areas Overlay Code _________ 29

7.4.8 Major Transport and Energy Corridors Overlay Code ________ 29

8. Recommendation ___________________________ 30

APPENDICES

APPENDIX A – OWNER’S CONSENT

APPENDIX B – PLAN OF DEVELOPMENT

APPENDIX C – CURRENT TITLE SEARCH

APPENDIX D – REGISTERED SURVEY PLAN AND SMART MAP

APPENDIX E – SEARCHES: CLR AND EMR

APPENDIX F – STATEMENT OF COMPLIANCE

APPENDIX G – VEGETATION MANAGEMENT ACT MAPPING

APPENDIX H – DEVELOPMENT TYPOLOGIES


HUMPHREYS REYNOLDS PERKINS NORTH QLD PLANNING CONSULTANTS FEBRUARY 2011 – 10NQ093 P a g e | v

IDAS FORMS

IDAS FORM 1 – APPLICATION DETAILS

IDAS FORM 5 – MATERIAL CHANGE OF USE

IDAS FORM 7 – RECONFIGURATION OF A LOT


HUMPHREYS REYNOLDS PERKINS NORTH QLD PLANNING CONSULTANTS FEBRUARY 2011 – 10NQ093 P a g e | 1

1. Application Summary

Table 1: Application Summary

PROPOSAL

Reconfiguration of a Lot – 3 Lots into 65 community title lots plus common area (in 8 stages); and

Material Change of Use – Rural Tourist Facility, Caretaker’s Residence, Stables

APPROVAL SOUGHT Development Permit for a Reconfiguration of a Lot; and Development Permit for Material Change of Use; and Preliminary Approval for Material Change of Use (S241).

PROPERTY DESCRIPTION / ADDRESS

Lot 6 C1248

Lot 2 RP704492

Lot 2 RP704491

Grasstree Road

Grasstree Beach Road

557 Grasstree Road

(Refer to Appendix D –Survey Plans and Smart Map)

SITE AREA

Lot 6 C1248

Lot 2 RP704492

Lot 2 RP704491

116.904ha 42.166ha 55.963ha

TOTAL 215.033ha

TENURE Estate in Fee Simple

APPLICANT

Bepkel Pty Ltd

C/- Humphreys Reynolds Perkins North Qld

PO Box 244

MACKAY QLD 4740

OWNERSHIP

MICHAEL JOSEPH KELLY

GAYNOR ELIZABETH KELLY

(Refer to Appendix B - Current Title Searches)

PLANNING SCHEME Sarina Shire Planning Scheme 2005

PLANNING SCHEME LOCALITY N/A

LEVEL OF ASSESSMENT Impact

PUBLIC NOTIFICATION N/A

CURRENT USE

Lot 6 C1248 – rural

Lot 2 RP704492 – rural

Lot 2 RP704491 – two residential dwellings

REFERRAL AGENCIES Department of Environment and Resource Management Department of Transport and Main Roads



1.1 Development Application – Common Material

The following documents comprise the common material1 of this application:

IDAS Form 1: Application Details;

IDAS Form 5: Material Change of Use;

IDAS Form 7: Reconfiguring a Lot;

Owner’s Consent, executed by the owner(s) of the land.

Further, the common material of the application comprises of the following “mandatory supporting information” which constitutes a ‘properly made application’ for a Reconfiguring of a Lot and Material Change of Use under section 261 under section of the Sustainable Planning Act 2009 (SPA):

A statement (being the Development Assessment Report and accompanying documents) about how the proposed development addresses the local government’s planning scheme and any other planning documents relevant to the application.

A plan of development which shows:

Table 2 – Mandatory Plan of Development Information

Mandatory Requirement Shown

the location and site area of the land to which the application relates (the ‘relevant land’);

a north point;

the boundaries of the relevant land;

the road frontages of the relevant land, including the name of the roads;

the contours and natural ground levels of the relevant land;

an allotment layout showing existing lots, any proposed lots (including the dimensions of those lots), existing or proposed road reserves, building envelopes and existing or proposed open space;

details regarding existing easements on the relevant land and their function; Nil

the location of any stormwater detention on the relevant land;

all existing and proposed roads and access points on the relevant land;

1 At the time of lodging the development application, the common material comprises the application material only.

This Proposal Report forms part of the common material used to assess the development proposal. It accompanies duly executed IDAS application forms and plans of development.

As the assessment of the application progresses under the IDAS, additional information which arises from the subsequent information and referral stages, will also form part of the common material which will be considered by the assessment manager in the assessment of the application.



the intended residential and public open space uses of the proposed lots; Nil

the location of any existing buildings or structures on the relevant land;

any drainage features over the relevant land, including any watercourse, creek, dam, waterhole or spring and any land subject to a Q100 flood event;

any existing or proposed car parking areas on the relevant land;

the location of any proposed retaining walls on the relevant land and their height; N.A

the location and dimension of any land dedicated for community purposes. N.A

1.2 Resource Allocation

Where a proposed development will interfere with a State resource as defined under Schedule 14 of the Sustainable Planning Regulation 2009 (SP Reg), evidence of a resource allocation is needed to support the application.

There is no requirement for resource allocation for the development.

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MACKAY REGIONAL COUNCIL: Sarina Planning Scheme:

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2. Introduction

Humphreys Reynolds Perkins North Qld has been commissioned by Bepkel Pty Ltd (“the applicant”) to prepare and lodge an application for a development permit for the staged Reconfiguration of a Lot – 3 lots into 65 community title lots and Material Change of Use – Rural Tourist Facility, Caretaker’s Residences and Stables, plus a S241 preliminary approval for Material Change of Use for a Rural Tourist Facility (20 unit lodge) on premises located at 557 Grasstree Road, Grasstree Beach, properly described as Lot 6 C1248, Lot 2 RP704492 and Lot 2 RP704491. A Location Map is included in Figure 1.

The application comprises the following elements:

Reconfiguration of a Lot – 3 lots into 65 community title lots.

Material Change of Use – Rural Tourist Facility.

The following assessment provisions apply to the development:

Table 3 – Assessment processes

Reconfiguration of a Lot

Code Assessable; or Impact assessable if within an area of endangered remnant vegetation as indicated on Planning Scheme Remnant Vegetation Overlay Map COM 1

Material Change of Use

Impact assessable if for a Rural Tourist Facility Impact assessable if for a Caretaker’s Residence Impact Assessable if for Stables

Each of the proposed lots is within an area containing endangered remnant vegetation on Overlay map COM1. Therefore, each part of the development application is subject to Impact Assessment. Section 314 of the Sustainable Planning Act 2009 (SPA) prescribes the requirements for Impact Assessment generally.

This Development Assessment Report has been prepared as supporting material to accompany the application.

2.1 Pre-lodgment advice from Council

We have been advised by our client that he discussed the proposal with MRC Planning Director Peter Cardiff in late December 2010, who we understand has offered support to the development concept.



3. Site Characteristics

3.1 Site Details Summary

Table 4 – Site Detail Summary

REAL PROPERTY DESCRIPTION / STREET ADDRESS

Lot 6 C2148 Lot 2 RP704492 Lot 2 RP704491

Grasstree Road Grasstree Beach Road 557 Grasstree Road

SITE AREA 215.033ha

LOCAL AUTHORITY AREA Mackay City

LAND USE DESIGNATION - DRAFT WHITSUNDAY, HINTERLAND AND MACKAY REGIONAL PLAN

Rural

APPLICABLE PLANNING SCHEME Sarina Shire Planning Scheme 2005 - effective 6 May 2005

PLANNING SCHEME ZONE Rural (Sarina)

PLANNING SCHEME OVERLAYS COM2 Aquatic Habitat Overlay Map – Barramundi Habitat

EROM1 Good Quality Agricultural Land – GQAL

MTEC1 Major Transport and Energy Overlay Map – Sub-arterial road (Grasstree Road)

Overlay Map Bushfire – Medium Bushfire hazard

COM1 Remnant Vegetation Overlay Map – “Endangered”, “Not of Concern” and “Other” Regional Ecosystems

3.2 Site Context

3.2.1 Location

The site is located in a generally rural area on Grasstree Road, Sarina (refer to Figure 1 – Location Map), approximately 9 kilometres to the north-east of Sarina. The site comprises three individual lots, and is legally described as Lot 6 C1248, Lot 2 RP704492 and Lot 2 RP704491.

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grazing paddocks, with more mature vegetation existing in isolated pockets throughout the site, predominantly along ridgelines and at the summits of the higher hills.

The subject site is identified on Vegetation Management Act (VMA) Regional Ecosystem and Remnant Map – Version 6 as containing remnant vegetation (both endangered and of least concern regional ecosystem) in a small patch on the northern boundary (refer to Appendix G – Vegetation Management Act Mapping).

The subject site is identified on Regrowth Vegetation map – Version 2.0 as containing regrowth vegetation, both high value regrowth containing endangered regional ecosystems and remnant vegetation (refer to Appendix G – Vegetation Management Act Mapping). It is noted that the mapped remnant vegetation identified on the regrowth mapping generally coincides with the identified remnant vegetation identified on regional ecosystem mapping.

The subject site is predominantly situated within a Medium Bushfire Hazard area as identified on the Bushfire Hazard Overlay Map of the Sarina Shire Council Planning Scheme, except for small sections on the northern and southern boundaries that are identified as Low Bushfire Hazard.

3.2.9 General Topography

The subject site has an undulating topography, with a low ridge extending in a north-eastern direction from the Grasstree Road frontage towards a number of low hills and ridgelines on the northern section of the property. Ground level on the subject site ranges from RL 30m AHD to RL 135m AHD, with the subject site generally sloping from north to south.

3.2.10 Waterways, Water Bodies and Watercourse Areas

The VMA mapping shows that the site is intersected by a number of regrowth watercourses (stream orders 1-3) (refer Appendix G). The watercourses have been marked on the proposal plan by reference to an aerial photograph overlay. In addition to the waterways there are a number of small farm dams throughout the site, as indicated on the Plan of Development (refer to Appendix B).

3.2.11 Flooding and Inundation

The subject lots are located on the upper slopes of the catchment area and have no history of flooding or inundation.

3.2.12 Acid Sulfate Soils

The subject lots are not identified on the Acid Sulfate Soils Overlays map in Council’s planning scheme. Furthermore, it is noted no part of the site is below RL 20m AHD.



3.2.13 Existing Service Arrangements

The site has connection to electricity and telecommunications.

3.2.14 Indigenous and European Cultural Heritage and Native Title

The applicant is aware of the duty of care responsibilities under the Aboriginal Cultural Heritage Act 2003, in the event that aboriginal cultural heritage is encountered during site development activities. It is considered that the risk of an indigenous cultural heritage find is relatively low given the extent of prior site disturbance associated with the historic land use of the site.

Pursuant to the Native Title Act 1994 Part 2 Section 8, as the lots have been under freehold title since before 1 January 1994 native title rights have been extinguished in respect of the site.

3.3 Site Contamination

A search of the DERM Environmental Management Register (EMR) and Contaminated Land Register (CLR) was undertaken on 10 December 2010. This search has confirmed that no part of the subject site is included on the EMR or CLR.

Refer Appendix E – Searches: EMR and CLR.

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4. Proposal

This section of the report provides a summary of the proposed development. For further detail please refer to Appendix B – Proposal Plans to this report and Section 6 – Assessment of this report for a discussion of the key planning issues.

4.1 Proposal Overview

4.1.1 Reconfiguration of a Lot: 3 lots into 65 lots by Community Title Development

Staging

The development is proposed to be undertaken in 8 Stages, as indicated on the Staging Plan in Appendix B.

The general intent of each stage is to provide a range of lot sizes of approximately 2ha and 4ha. Each lot or sub-lot will generally be used for a principle caretaker’s residence, plus associated tourist accommodation in the form of short term stay cabins and possibly other rural tourism pursuits. Section 4.1.2 provides further description of the land use component.

The ultimate development will see the area of remnant vegetation wholly contained within the common area, including a minimum setback of 10m to the private lot boundaries. In this manner, the ultimate development will provide greater protection of the RE than the current lot configuration, where the RE is intersected by a property boundary. This outcome will reduce the potential for exempt clearing of vegetation as a result of property fencing and maintenance. The Plan of Development has been designed in such a way that the lot reconfiguration does not constitute clearing of vegetation under the Vegetation Management Act.

Detail of the proposed staging is provided in Table 4.

Table 4 – Staging details

Initial Subdivision (Stage 1)

7 principal lots – 5 x 2 Ha, 1 x 4 Ha (approx) and 1 management lot + common property and balance lot.

Stages 2-8 The balance lot is progressively subdivided to create 7 further stages (making 8 stages in total). Stages 2 – 7 each consist of a mix of 2Ha and 4Ha (approx) parcels, common property and a balance lot. Stage 8 consists of a mix of 2Ha and 4Ha (approx) parcels, common property and no balance lot.

Future subdivision by building format plan

While being part of this application, each lot in the development may be further subdivided for example by building format plan, such that cabins, the second house and the future lodge may be



sold off to investors. The legal structure of this arrangement is discussed below.

Lot Yield

It is noted that the total yield available for each of the master lots will not necessarily be utilised, depending on the type of use individual future owners pursue for the lots. As an example, a larger Rural Tourist Facility may be established on a section of a master lot to preserve particular rural characteristics and provide a competitive advantage for operators, while other master lots may be subdivided into only two or three lots to accommodate large lot rural residential, home based businesses or host home accommodation uses.

Community Title

Under the Body Corporate and Community Management Act 1997 the reconfiguration of the master lots can be staged through the creation of a ‘layered’ community title scheme.

Essentially, this approach will allow for subsidiary body corporate entities to be created within an overarching principal body corporate structure which allows for the private ownership of individual dwellings whilst fairly and simply providing a framework for maintaining and administering common property and facilities held in common. This means that each of the master lots will be part of the principal community titles scheme which has a body corporate. As each master lot is further subdivided a subsidiary community title scheme would be created with a separate body corporate.

In practice, staging of the proposed development can be achieved through an initial subdivision.

Common Property

The common property will consist of lakes, parklands, roads, pathways and central facilities (tennis court/pool/sporting grounds).

Roads and Access

All internal roads will be contained within common property and as such the development will not involve the opening of new road. All internal roads will be constructed and sealed. The road classifications have been selected on the basis of theoretical maximum lot yield arising from the development and the design capacity of the road categories. The standard of construction will be detailed at Operational Works.

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No part of the land has been identified as subject to a Q100 event.

Relevant Period

Given the large scale nature of the development, it is requested that the relevant period for the approval for Reconfiguration of a Lot be eight (8) years.

4.1.2 Material Change of Use

The Trentham Lodge Eco-Tourism development will support the following range of uses as defined in the Sarina Shire Planning Scheme:

Rural Tourist Facility Eco-tourism facilities Recreational facilities Cabins for short term stay Displays (internal to the site -

produce and arts and crafts, etc) Future 20 unit lodge

Impact

Agriculture ExemptAnimal Husbandry ExemptCaretaker’s Residences Impact Stables Impact

Sustainability Principles

The development will adopt the UIDIA Enviro-Development principles specifically with respect to eco systems, waste, energy, materials, water and community. It will be a requirement that all development comply with an Architectural and Landscape Code that will embody those principles. There will be stringent requirements regarding building materials, use of solar energy and promotion of recycling. Water will be supplied by rainwater tanks, supplemented (if necessary) by water from the lake system or a commercial service.

Rural Tourist Facility

Lot 1 will comprise the principle management lot, and contains the two existing dwellings. One of the dwellings will remain as residential use, while the second dwelling will be used for a combination of administrative/reception, communal gathering, communal dining and guest accommodation purposes (refer to Appendix B).

As the Trentham Lodge eco-tourism facility is further developed, subsequent applications for MCU will be lodged as necessary.

The common property will be developed for a range of facilities including lakes, parklands, roads, pathways and recreational facilities. The common property will also entirely contain the regional ecosystem on the allotment, which will remain undisturbed.

Short term stay cabins may be established on each of the principle lots, to a maximum density of 1 dwelling unit / 5,000sqm per lot. For example, a 2ha lot may be developed for a caretaker’s residence and three cabins.



If the number of cabins were developed to their full potential, the development would see 213 cabins. However, it is considered unrealistic that this quantity would be reached. Conservatively, it is estimated that less than half the cabins will eventually be built.

Agriculture and Animal Husbandry

Niche cottage and small scale rural production may occur within the community title lots, related to the overall eco-village and cottage industry concept. Depending on the nature of the uses, separate Material Change of Use may be required in some instances.

Caretaker’s Residences

This application provides for the future establishment of a caretaker’s residence within each community title lot. Consent to establish a caretaker’s residence on any particular lot will be regulated by the body corporate through the Community Management Statement, in accordance with the following principles:

The caretaker’s residence (“the residence”) must be associated with a bona fide Rural Tourist Facility pursuit. Eg. Short term stay cabins, health farms, on-site recreational facilities, etc.

The Standard Module (a regulation under the BCCM Act enables an Architectural and Landscape Code to be included in the community management statement). The standards will be prescribed in the Code.

The contracts of sale will contain covenants requiring buyers to comply with sustainability and construction standards and that there will also be a requirement that those obligations be passed on to subsequent buyers.

The development will adopt the UIDIA Enviro-Development principles specifically with respect to eco systems, waste, energy, materials, water and community. It will be a requirement that all development comply with an Architectural and Landscape Code that will embody those principles. There will be stringent requirements regarding building materials, use of solar energy and promotion of recycling. Water will be supplied by rainwater tanks supplemented (if necessary) by water from the lake system.

Caretaker’s Residences, including carports and garages, are to be set back the following distances (nb. this shall apply to any building used for accommodation purposes)

o 10m from Grasstree Road. o 10m from any internal community title boundary. o 30m from any mapped remnant vegetation. o 40m from any external site boundary (excluding the frontage boundary).

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community title statement. In addition, the community title statement shall provide for the following minimum setbacks for any stable building:

o 100m from any waterway, well or bore. o 50m from any existing or approved residential dwelling units on adjoining

lots. o 15m from any residential dwelling unit within the same lot. o 15m from any boundary. o Not on any lot with an area less than 8,000sqm.

Should stables of a larger capacity be proposed, including on the common property or management lot, such development will be assessable per the Planning Scheme current at the time.

The use rights for the existing 10 horse stable on Lot 1 (the management lot) are retained.

Future Lodge (Preliminary Approval)

Preliminary approval is sought for the future development of a 20 unit lodge, at the location detailed in Appendix B – Plan of Development. A Development Permit for Material Change of Use for the lodge will be prepared and submitted in the future, including if necessary an application for an ERA for an on-site sewerage treatment system with a total daily peak design capacity of at least 21EP.

Landscaping

No landscaping is proposed with this development.

Employees

It is envisaged that the management lot will require approximately 2 employees. Employees for the future lodge will be addressed pursuant to a later application.

The community title lots would have on average two employees each, being the principle residents / caretakers of the lots.

Maximum Height Above Ground

All development will be low set, and no building will exceed 8.5m above natural ground level.

Car Parking

Car parking for 17 vehicles will be provided adjacent to the Communal Building (refer to Appendix B). Car parking will be provided on each community title lot at the rate of 2 spaces per caretaker’s residence plus 1 space per cabin. Additional parking may be provided according to the specific activity on the site.

Relevant Period

Given the large scale nature of the development, it is requested that the relevant period for the approval for Material Change of Use be eight (8) years.

4.2.1 Site Access

Two principle entry points are proposed via Grasstree Beach, as noted on the Plan of Development (Appendix B). Given the scale of the ultimate development, it is desirable



that two entry points be provided, to facilitate convenient and safe traffic movement. Each of the proposed accesses will be constructed to the minimum standard of a road intersection for a minor collector road to a sub-arterial road in accordance with Council’s standards for road intersections.

Individual standard property entrances, both to lots fronting Grasstree Road and internal to the site, will be provided in accordance with Council engineering standards.

4.2.2 Visual Amenity

The surrounding localities of Alligator Creek, Grasstree Beach and Sarina are characterised by rolling hills interspersed with pockets of closer settlement (refer to Appendix D – Smart Map). The site itself consists of predominantly rolling hillside. The development site is predominantly out of view from the road frontage due to the topography. However, the visual impact will be generally consistent with the surrounding locality, consisting of a closer settlement architecturally designed dwellings within an overall rural theme.

4.2.3 Electricity & Telecommunications

Electricity and telecommunications are currently available to the site. Arrangements will be made for the extension of these services throughout the site as each stage progresses.

4.2.2 Water Supply & Taking of Groundwater Arrangements

Residential dwellings will primarily be supplied by roof water storage consistent with the standards of supply in the Sarina Planning Scheme for rural residential allotments. Supplementary water supply may be sourced from ground water by individual allotments.

4.2.5 Wastewater Treatment & Disposal

Each of the principle lots is of sufficient area and dimensions for the installation of an on-site sewerage disposal system. On-site sewerage design will be provided for each lot concurrent to applications for Building Work to establish any residential dwellings on the lots.

The future development of the lodge will require a subsequent development application, including, if relevant, for an ERA for an on-site sewerage treatment system with a total daily peak design capacity of at least 21EP.

4.2.6 External Traffic Impact

The expected traffic generation from the completed 8 stage development will be approximately 420 vehicle trips per day. The predominant traffic destinations would be the Sarina township, Hay Point / Dalrymple Bay and Mackay, while some traffic will also be directed towards the hinterland and beach localities. A breakdown of projected vehicle trip destinations is provided in Table 5.



For the purpose of traffic generation the following vehicle per day assumptions are made: Principle residence / caretaker’s residence: 6.5 VPD Cabin / lodge unit: 2 VPD Community facility: 10 VPD / 100sqm.

Assuming conservatively that the ultimate development saw half of the potential maximum number of cabins established, the development would comprise the following:

Principle residence / caretaker’s residences: 66 (= 429 VPD) Cabin / lodge unit: 127 (= 254 VPD) Community facility: 260sqm (= 26 VPD)

The total traffic generation from the ultimate development is therefore estimated to be approximately 709 VPD.

Table 5 – projected vehicle trip destinations

DESTINATION PERCENTAGE VPD

Mackay Grasstree Rd – Hay Point Rd (DMR) – Bruce Hwy (DMR)

25% 177.25

Sarina Grasstree Rd – Garrett Rd – Eversleigh Rd – Sarina Beach Rd (DMR)

25% 177.25

Hay Point / Dalrymple Bay Beaches & Hinterland – north Grasstree Rd – Hay Point Rd (DMR)

40% 283.6

Beaches & Hinterland – south Grasstree Rd – Sarina Beach Rd (DMR)

10% 70.9

4.2.7 Bushfire Impact and Prevention

The site is predominantly categorized as medium bushfire risk by the Sarina Planning Scheme overlay mapping.

On-site vegetation consists of mainly scattered trees with concentrated areas along the riparian corridors. There is also a consistent grass cover, which would provide a fast burning, intense fuel source in the event of a bushfire.

Selective clearing and clearing maintenance of fuel loads (grass) around the future dwelling sites will ensure minimal risk of bushfire hazard. Adequate buffers, regulated through the community management statement, will be created around the RE such that risk is maintained to a low grading without the requirement for clearing.



5. Referral Agency Assessment

The Department of Environment and Resource Management will be a concurrence agency to the proposal, as the existing lots are larger than 2ha and the development will result in the creation of lots smaller than 25ha.

Trigger:

Sustainable Planning Regulation 2009, Schedule 7, Table 2, Item 4.

The Department of Transport and Main Roads will be a concurrence agency to the proposal, as the development will result in a number of allotments (ie. 65) greater than the threshold of 50 for a LGA population 2.

Trigger:

Sustainable Planning Regulation 2009, Schedule 11, Thresholds for development not contiguous to State-controlled roads – Item 30.



6. Public Notification

Public notification will be required for the development, for a minimum period of fifteen (15) business days.



7. Assessment

This application is submitted and assessable in accordance with the Sustainable Planning Act 2009 Reprint 1E as in force on 1 December 2010 (SPA) and the Sustainable Planning Regulation 2009 Reprint No. 2B as in force on 3 December 2010 (SPReg). Section 314 of SPA sets out the matters or things which the assessment manager must assess to the extent it is relevant to the proposal.

Table 5 provides a summary of the relevant matters for assessment.

Table 6: Summary of relevant matters for assessment

(a) The State Planning Regulatory Provisions Region: Mackay Whitsunday Regulatory Provisions: Nil (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

WHAM Regional Plan Status: Non-statutory Reflected in the Scheme: No Land Use Designation: Undefined (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

Applicable codes: Nil (d) State planning policies, to the extent the policies are not identified in— (i) any relevant regional plan as being appropriately reflected in the regional plan; or (ii) the planning scheme as being appropriately reflected in the planning scheme;

State Planning Policy Reflected in the Scheme: Applicable:

SPP 1/92 Development and Conservation of Good Quality Agricultural Land

YES N/A

SPP 1/02 Development in the Vicinity of Certain Airport and Aviation Facilities

YES N/A

SPP 2/02 Planning and Managing Development Involving Acid Sulfate Soils

YES N/A

SPP 1/03 Mitigating the Adverse Impacts of Flood, Bushfire & Landslide

YES YES

SPP 2/10 South East Queensland Koala Conservation NO NO*1

SPP 1/10 Protecting wetlands of high ecological significance in Great Barrier Reef Catchments (temporary SPP)

NO NO*2

SPP 2/09 Acceleration of compliance assessment NO NO*3

SPP 1/07 Housing and Residential Development including guideline 1.0

NO NO*4



SPP 2/07 Protection of Extractive Resources and Guideline

NO NO*5

N/A State and regional coastal management plans State and regional coastal management plans – Guidelines

NO NO*6

SPP 1/09 Reconfiguration of a lot code for land in Indigenous local government areas to which a local planning scheme does not apply

NO NO*7

*1 The development is not in the SEQ Region. *2 The reconfiguration does not involve operational works as described in the policy. *3 The application is not for compliance assessment. *4 The effect of the policy is to be appropriately reflected in the planning scheme and does not contain assessment provisions applicable to development applications. *5 No part of the reconfiguration is within a mapped Key Resource Area. *6 The land is not identified by the coastal management plan as an area of state significance.

*7 The land is not within an Indigenous local government area. (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;

N/A N/A N/A N/A Refer below

Sarina Shire Council Planning Scheme May 2005 Locality: N/A Precinct: N/A Zone: Lot 6 C1248

Lot 2 RP704492 Lot 2 RP704491

Rural Rural Rural

Road Hierarchy: Grasstree Road Sub-arterial road

Planning Scheme Overlays: COM2 Aquatic Habitat Overlay Map EROM1 Good Quality Agricultural Land Overlay Map MTEC1 Major Transport and Energy Corridors Overlay Map Overlay Map – Bushfire Map COM1 Remnant Vegetation Overlay Map

Type of Development: Reconfiguration of a Lot Material Change of Use

Application process: Impact Assessment (all parts) Relevant Assessment Criteria: Desired Environmental Outcomes

Rural Zone Code Reconfiguration of a Lot Code Stables, Kennels and Catteries Code Conservation Areas Overlay Code Economic Resources Overlay Code Natural Hazards Management Areas Overlay Code Major Transport and Energy Corridors Overlay Code



7.1 State Planning Regulatory Provisions A State Planning Regulatory provision is a statutory planning instrument made under SPA to advance the purpose of SPA by –

(a) providing regulatory support for regional planning or master planning; or

(b) providing for a change for the supply of infrastructure; or

(c) protecting planning scheme areas from adverse impacts.

To date no State Planning Regulatory provision has been implemented for the Mackay Whitsunday region.

7.2 Regional Plan The assessment manager must assess the application against the regional plan for the region, to the extent it is not identified in the planning scheme as being appropriately reflected in the planning scheme.

Regional planning plays a key role in helping Queensland meet the challenges associated with managing rapid growth, population change, economic development and protection the environment and infrastructure provision across multiple local government areas.

Regional plans operate in conjunction with other statutory planning tools, including state planning policies, local government planning schemes, state planning regulatory provisions and development assessment processes.

The regional plan is the Whitsunday, Hinterland and Mackay Regional Plan endorsed by the Whitsunday, Hinterland and Mackay Regional Planning Advisory Committee and local governments in the region and released in 2006. The regional plan is non-statutory and does not have legislative power. The land use designation of the subject site as per the WHAM Regional Plan is undefined.

7.3 State Planning Policies A State Planning Policy (SPP) is an instrument made under SPA which advances the purpose of the Act by stating the State’s policy about a matter of State interest. State Planning Policies which have been identified in the planning scheme as being appropriately reflected in the planning scheme do not require assessment pursuant to an IDAS application.

Assessment of the Natural Hazards Management Areas Overlay Code as per the Sarina Shire Planning Scheme calls up assessment against State Planning Policy 1/03 Guideline – Mitigating the Adverse Impacts of Floor, Bushfire and Landslide – B. Natural Hazard Management Areas (Bushfire) has been assessed as part of this application. As such assessment of this SPP is in Appendix F and summarised in section 6.4.4 of this report.



7.4 Sarina Shire Planning Scheme A comprehensive assessment of the proposed developments compliance with the relevant Codes of the Sarina Shire Planning Scheme is included as Appendix F. Compliance with the Codes is summarised below.

7.4.1 Desired Environmental Outcomes The Sarina Shire Council Desired Environmental Outcomes are addressed below: (a) The overall biodiversity and coastal values of the Shire are maintained, and natural ecological processes are protected and enhanced; Comment The bio-diversity values of the area are maintained through the sensitive lot configuration to retain areas of significant ecosystem or habitat value within common property, and the inclusion of environmental values and supporting restrictive covenants within the community management statement. (b) The Shire's natural resources, including its agricultural soils, fisheries, timber resources and construction materials, are protected and utilised in a manner that ensures their ecological and economic values are available for future generations; Comment Through the provision of alternative housing and lifestyle choice, the development will have a net positive impact on the protection of the area’s natural resources. This is realised through two principles:

Throughout the Mackay Region, a number of small, productive farm holdings are progressively being lost to rural production through their purchase by residents seeking to fulfil a rural residential lifestyle, but otherwise faced with limited bona fide choice. Through the selective approval of alternative lifestyle developments in areas not suitable to cane or other agricultural crops, this phenomenon is actively lessened.

The site has been demonstrated to have limited to nil agricultural potential, due to the limited area of GQAL identified within the site and the predominantly hilly topography. The site’s value and function for grazing and general animal husbandry will not be impaired through the development, but will actively be encouraged through a number of niche rural tourism enterprises.

(c) Sarina Shire contains a prosperous community with a sustainable industrial and rural base, with a wide range of employment opportunities due to the diversity of local industries, including the Port of Hay Point, the Plane Creek Sugar Mill and Distillery, Jilalan QR maintenance yards, the cane industry and new rural industries, home based business activities and tourism (particularly at Sarina Beach and Salonika Beach), and through Sarina Township performing a strong role as the main service centre for the Shire; Comment The development embodies a rural eco-tourism theme at a site with convenient access to the Sarina township, the area’s scenic beaches and hinterland, and more broadly Mackay City. (d) Reconfiguration of lots and material changes of use for urban and rural residential purposes are located where they increase the efficient and sustainable use of existing infrastructure in terms of water supply, stormwater management and waste disposal and protects infrastructure (including transport corridors) from inappropriate activities;



Comment The eco-tourism principles of the development result in there being no loading or reliance upon core infrastructure such as water supply and sewerage. The use of renewable resources, primarily referring to solar energy, and design and construction in accordance with energy efficient principles will further reduce reliance upon and consumption of electricity. The sensitive development design, incorporating two principle accesses and limited private entrances onto Grasstree Road will ensure efficient integration into the local road network. (e) Places of cultural significance in the Shire (Indigenous and non-Indigenous settlement) are respected, the village character in the Shire settlements is maintained and the relationship of traditional owners to the land and water resources is recognised; Comment No areas of cultural significance have been noted within or adjoining the site. (f) Sarina Shire offers a high standard of living with a range of different residential lifestyles and housing types. New residential (both urban and rural residential) areas are developed in an efficient and sustainable manner with regard to infrastructure, are accessible to services provided in established settlements and maintain amenity by avoiding the establishment of adjacent incompatible land uses; Comment The development actively satisfies DEO (f), being a rural tourist facility providing both alternative lifestyle choice and an alternative tourism destination. The eco-tourism theme builds on similar award winning models established in other key tourism areas in Queensland including the Gold Coast hinterland. (g) Residents of the Shire and visitors have a high level of access to community services and facilities, including public transport. Comment The site has direct access via constructed and sealed roads to both the Sarina township, and Mackay via the Bruce Highway.

7.4.2 Rural Zone Code Development that is consistent with the specific outcomes in sections 4.17 – 4.20 complies with the Rural Zone Code. A statement of compliance with the specific outcomes is provided in Appendix F.

An alternative solution is proposed to Probable Solution (a)(v) under 4.19 “Effects of Uses”, whereby more than two dwelling units are proposed on each lot, consistent with the definition of a Rural Tourist Facility. Part F demonstrates compliance with the relevant criteria of Specific Outcome (b).

All other Specific Outcomes are assessed as being compliant or not applicable to the development.

In summary, the proposed development is consistent with the Rural Zone Code.



7.4.3 Reconfiguration a Lot Code Development that is consistent with the specific outcomes in section 6.49 complies with the Reconfiguration of a Lot Code. A statement of compliance with the specific outcomes is provided in Appendix F.

An alternative solution is proposed to Probable Solution PS1.2, whereby individual lots varying principally between 2ha and 4ha are proposed. The alternative solution addresses the Overall Outcomes of the code, noting that:

The limited area of good quality agricultural land and the undulating nature of the topography means the site is unsuitable for agricultural use;

The carrying capacity and potential for use for animal husbandry will remain undiminished; and

The lot configuration recognises the topographical and natural features of the land.

All other Specific Outcomes are assessed as being compliant or not applicable to the development.

In summary, the proposed development is consistent with the Reconfiguration of a Lot Code.

7.4.4 Stables, Kennels and Catteries Code Development that is consistent with the specific outcomes in section 6.57 complies with the Stables, Kennels and Catteries Code. A statement of compliance with the specific outcomes is provided in Appendix F.

All Specific Outcomes are assessed as being compliant or not applicable to the development.

In summary, the proposed development is consistent with the Stables, Kennels and Catteries Code.

7.4.5 Conservation Areas Overlay Code The Conservation Areas Overlay Code is applicable as the site contains areas mapped as remnant vegetation and aquatic habitat.

Development that is consistent with the specific outcomes in section 5.6 complies with the Conservation Areas Overlay Code. A statement of compliance with the specific outcomes is provided in Appendix F.


Specifically, the response to PS4.1 to 4.3 recommends the implementation of building envelopes within community title lots, where it identified as necessary or desirable to ensure protection of remnant vegetation and ecological corridors.

In summary, the proposed development is consistent with the Conservation Areas Overlay Code.

557 DEV

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7.4.7 Natural Hazards Management Areas Overlay Code The Natural Hazards Management Areas Overlay Code is applicable as the site contains areas mapped as medium bushfire risk.

Development that is consistent with the specific outcomes in section 5.6 complies with the Natural Hazards Management Areas Overlay Code. A statement of compliance with the specific outcomes is provided in Appendix F.


Specifically, compliance with SPP 1/03 Guideline “Mitigating the adverse impacts of flood, bushfire and landslide - B. Natural Hazard Management Areas (Bushfire), made relevant through the Natural Hazards Management Areas Overlay Code, requires the development and implementation of a Bushfire Management Plan, in particular which requires the establishment of fire breaks throughout and around the perimeter of the site.

In summary, the proposed development is consistent with the Natural Hazards Management Areas Overlay Code.

7.4.8 Major Transport and Energy Corridors Overlay Code The Major Transport and Energy Corridors Overlay Code is applicable as the site adjoins a sub-arterial road (Grasstree Road) identified on Overlay Map MTEC1.

Development that is consistent with the specific outcomes in section 5.26 complies with the Major Transport and Energy Corridors Overlay Code. A statement of compliance with the specific outcomes is provided in Appendix F.


In summary, the proposed development is consistent with the Major Transport and Energy Corridors Overlay Code.

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