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TRC TABLELANDS REGIONAL COUNCIL

Ordinary Meeting Council Chambers, Atherton Date: Thursday, 19 June 2014 Time: 9:00am

AGENDA THE ORDINARY MEETING OF THE TABLELANDS REGIONAL COUNCIL WILL BE HELD AT ATHERTON COUNCIL CHAMBERS, ON THURSDAY, 19 JUNE 2014 AND THE ATTENDANCE OF EACH COUNCILLOR IS REQUESTED.

IAN CHURCH CHIEF EXECUTIVE OFFICER


TRC Tablelands Regional Council - Agenda

Thursday 19 June 2014

PRESENTATIONS 9:15am

Victor Feros Town Planning Consultant and Grant McAuliffe -development applications Lots 901 and 902 on SP245606, 7813 Kennedy Highway

ORDER OF BUSINESS MEMBERS IN ATTENDANCE ..........................................................................................................5 OFFICERS IN ATTENDANCE ..........................................................................................................5 APOLOGIES/LEAVE OF ABSENCE ................................................................................................5 DECLARATION OF ANY MATERIAL PERSONAL INTERESTS/ CONFLICTS OF INTEREST BY COUNCILLORS AND SENIOR COUNCIL OFFICERS...............................................................5 CONFIRMATION OF MINUTES ........................................................................................................5 BUSINESS ARISING OUT OF MINUTES OF PREVIOUS MEETINGS............................................5 RECEIPT OF INWARD CORRESPONDENCE .................................................................................5 RECEIPT OF MONTHLY FINANCIAL STATEMENTS .....................................................................5 CONSIDERATION OF INWARD CORRESPONDENCE AND OTHER MATTERS..........................7 COMMUNITY & REGIONAL PLANNING .........................................................................................7 Regional Planning ......................................................................................................................... 7 Item-1 RG McAuliffe - Requests to further extend Information Request Response Period and Decision Making Periods - Lots 901 and 902 on SP245606 situated at Kennedy Highway, Atherton - DA/13/0003, DA/13/0063 and DA/13/0069 .............7 Item-2 M J Nott - Reconfiguration of a Lot (1 into 2 Lots) - Lot 136 on NR5337 situated at Pelican Road, Barrine - DA/13/0064 .....................................................................21 Item-3 PE & TM Pezzelato - Material Change of Use for Motel (Short Term Accommodation) - Lot 1 on RP729227 situated at 16-24 Arbouin Road, Tolga DA/14/0014 ...............................................................................................................67 Item-4 M and T McMullen - Material Change of Use - Mechanical Repair Workshop (Including Panel Beating and Spray Painting) - Lot 1 on RP800584 situated at 918 Kaban Road, Kaban - DA/14/0016 ..................................................................127 Item-5 Environmental Significance Overlay - Draft TRC Planning Scheme - Response to submissions for the biodiversity overlay and wetlands and watercourse corridors overlay CONFIDENTIAL .........................................................................169 Item-6 Rural Submissions and Rural Precincts CONFIDENTIAL .....................................170 Community Services ................................................................................................................. 171 Item-7 Disability Access & Inclusion Report and Policy .....................................................171 Item-8 RADF Recommendations Round 12 2013/2014 Program ......................................184 CHIEF EXECUTIVE OFFICER ......................................................................................................189 Economic Development ............................................................................................................ 189 Item-9 Northern Development Summit...............................................................................189 Administration............................................................................................................................ 198 Item-10 Noted Correspondence - 19 June 2014 ..................................................................198

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ORGANISATIONAL SERVICES ...................................................................................................251 Finance...................................................................................................................................... 251 Item-11 Financial Statements period ending 31 May 2014 ..................................................251 INFRASTRUCTURE SERVICES...................................................................................................261 Construction & Maintenance ..................................................................................................... 261 Item-12 Tender Evaluation T-TRC2014-12 - NDRRA2013 program - Mareeba Sealed Roads Submission 1 - Package 2 ...........................................................................261 Item-13 Tender Evaluation T-TRC2014-15 - NDRRA 2013 Program - Mareeba Sealed Roads Submission 2 - Package 1 ...........................................................................264 Item-14 Tender Evaluation T-TRC2014-16 - NDRRA 2013 Program - Malanda Sealed Roads Submission 2 - Package 3 ...........................................................................267 Water & Waste .......................................................................................................................... 271 Item-15 Water Meter Reading Program Commencing 7 July 2014......................................271 Item-16 Waste Services Capital Works Program .................................................................274

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Thursday 19 June 2014

MEMBERS IN ATTENDANCE

OFFICERS IN ATTENDANCE

APOLOGIES/LEAVE OF ABSENCE

DECLARATION OF ANY MATERIAL PERSONAL INTERESTS/ CONFLICTS OF INTEREST BY COUNCILLORS AND SENIOR COUNCIL OFFICERS

CONFIRMATION OF MINUTES

BUSINESS ARISING OUT OF MINUTES OF PREVIOUS MEETINGS

RECEIPT OF INWARD CORRESPONDENCE

RECEIPT OF MONTHLY FINANCIAL STATEMENTS

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Thursday 19 June 2014


TRC Tablelands Regional Council - Agenda

Thursday 19 June 2014

CONSIDERATION OF INWARD CORRESPONDENCE AND OTHER MATTERS COMMUNITY & REGIONAL PLANNING REGIONAL PLANNING ITEM-1

RG MCAULIFFE - REQUESTS TO FURTHER EXTEND INFORMATION REQUEST RESPONSE PERIOD AND DECISION MAKING PERIODS - LOTS 901 AND 902 ON SP245606 SITUATED AT KENNEDY HIGHWAY, ATHERTON DA/13/0003, DA/13/0063 AND DA/13/0069

DOCUMENT INFORMATION

MEETING:

Ordinary

MEETING DATE:

19 June 2014

REPORT AUTHOR/ OFFICER’S TITLE:

Peter Pattison, Senior Planner

DEPARTMENT:

Community and Regional Planning

ATTACHMENTS:

1. 2. 3. 4.

applicant's request to further extend Information Request response period - DA/13/0003 applicant's request to further extend Decision Making Period DA/13/0069 Council's previous extension to Information Request response period dated 22 January 2014 - DA/13/0003 Concurrence Agency response to request

EXECUTIVE SUMMARY Council has received two extension requests for two development applications over the same large vacant parcel of land on the southern outskirts of Tolga. Those requests are to extend: (i) the Information Request response period for an application for a proposed large commercial and bulky goods development, and (ii) the Decision Making Period for an application for 48 industrial lots. Another development application for 63 residential lots over the land was withdrawn by the same applicant on 11 June 2014. The applicant has opted to keep the two applications in question in limbo for extended periods of time. Council have previously resolved to not agree to any further extensions to the associated Information Request response period.

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Officers recommend that Council not agree to a further extension of the Information Request response period, and agree to a further extension to the decision making period for the application for 48 industrial lots to 30 September 2014. The reasons for these recommendations, and associated implications, are detailed in the body of the report.

OFFICER'S RECOMMENDATION “1.

That, in relation to the applicant's request to further extend the Information Request response period under s277(3) of the Sustainable Planning Act 2009 for the following development application: DA/13/0003 - APPLICATION FOR PRELIMINARY APPROVAL - MATERIAL CHANGE OF USE (COMMERCIAL USE RIGHTS) AND DEVELOPMENT PERMIT - MATERIAL CHANGE OF USE (BULKY GOODS STORE, SHOWROOM WITH MEDIUM INDUSTRY) AND RECONFIGURING A LOT - LOT 901 AND 902 ON SP 245606 - 7813 KENNEDY HIGHWAY, ATHERTON Council notify the applicant that it will not further extend the response period beyond 30 June 2014, on the basis that the applicant has been provided with sufficient time to respond and that Council has previously advised the applicant that no further extensions would be granted.

2.

That, in relation to the applicant's request to further extend the Decision Making period under s318(4) of the Sustainable Planning Act 2009 for the following development application: DA/13/0069 - APPLICATION FOR: A. PRELIMINARY APPROVAL FOR A MATERIAL CHANGE OF USE TO OVERRIDE THE ATHERTON SHIRE PLANNING SCHEME (2002) TO ALLOW DEVELOPMENT CONSISTENT WITH THE INDUSTRIAL PLANNING AREA/TOLGA DISTRICT; AND B. DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE TO ALLOW DEVELOPMENT CONSISTENT WITH THE INDUSTRIAL PLANNING AREA/TOLGA DISTRICT PLAN; AND C. DEVELOPMENT PERMIT FOR RECONFIGURING A LOT (1 INTO 48 LOTS) - LOTS 901 & 902 ON SP245606 (FORMERLY LOT 2 ON RP734349) - 7813 KENNEDY HIGHWAY, ATHERTON Council notify the applicant that it will further extend the Decision Making period to 30 September 2014, that Council will not further extend the Decision Making period beyond that date, and that Council will decide the application before that date."

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THE SITE Easement

Hwy nnedy nnedy Hwy

DCDB by Parcel Type

M Man anth they ey R Rdd S S

Land

Map Disclaimer: Based on or contains data provided by the State of Queensland (Department of Environment and Resource Management) (2009). In consideration of the State permitting use of this data you acknowledge and agree that the State gives no warranty in relation to the data (including accuracy, reliability, completeness, currency or suitability) and accepts no liability (including without limitation, liability in negligence) for any loss, damage or costs (including consequential damage) relating to any use of the data. Data must not be used for direct marketing or be used in breach of the privacy laws.

The two applications, and the associated applicant requests, are discussed in greater detail below.

DA/13/0003 - COMMERCIAL & BULKY GOODS The conceptual development plan is shown below, and the current form of the development application is: 1) a Preliminary Approval for Material Change of Use varying the effect of the planning scheme (establishment of specific commercial use rights in accordance with a site specific development code) for Lot 3; and 2) a Development Permit for Material Change of Use (Bulky goods store and Showroom with medium Industry) for Lots 1 & 2; and 3) Reconfiguring a Lot (2 into 4 lots) Stage 1 provides for development of a vehicle dealership showroom and workshop on Lot 1, and a 'big box' hardware store on Lot 2. The other component of the application seeks to vary the effect of the planning scheme such that development within Lot 3 (the balance of the site) will be controlled by a site-specific table of assessment and associated development code - the Kennedy Highway Bulky Goods Commercial Activities Assessment Table and Code. Future uses shown on the proposal plan are indicative only, and may include a wide range of self assessable and code assessable uses including shops (small or large), medical centres, warehouses, food establishments, supermarkets, discount department stores, cinemas, professional and commercial offices etc.

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14 February 2012

Application Chronology Application lodged

28 March 2012

Information Request issued

26 September 2012

Information Request response period extended for 6 months to 28 March 2013 at applicant request. Cummings Economics report provided as a partial response to Information Request. This report did not include an economic needs or impact analysis. Change to an Application lodged which included additional information on need, infrastructure, traffic, carparking, overshadowing, noise impacts, tenure structure, design matters and further assessment against the plannng scheme and regional plan. Amended Acknowledgement Notice issued in response to that Change to an Application. Amended Information Request issued in response to the change. The amended IR was prepared in the context of further advice from Council's economics consultant, and additional information provided in the request to change. Information Request response period extended for a further 3 months to 21 November 2013 at applicant’s request. Information Request response period extended by Council to 30 June 2014 at applicant’s request, subject to no further extensions being granted. Request to further extend received.

October 2012

10 January 2013

23 January 2013 21 February 2013

5 August 2013 16 January 2014

26 May 2014

Applicant's Representations The applicant's representations are contained in Attachment 1. In summary, the applicant is again considering either a further change to the application, or, a complete withdrawal of that application. The basis of the extension request is that they require further time to consider those options. Discussion The grounds for not agreeing to further extend the response period are: 

Council has extended the applicant's information request period three times in two years, and the applicant has been provided with more than enough time and opportunity to fully respond to the request.



The last extension was approved by Council resolution on the basis that no further extensions would be agreed to.



The extenuating circumstances detailed in the applicant's representations are not strong arguments for a further extension, particularly given that further changes to the application have been flagged.



There is no evidence to suggest that the applicant has identified and/or contracted tenants/owners for the specific uses applied for. It is therefore unlikely that any development of the site would proceed in accordance with the current application.

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TRC Tablelands Regional Council - Agenda



Thursday 19 June 2014

There is nothing to prevent the applicant: (i) withdrawing the current application and then seeking a partial refund of the application fees for the current application (although officers would be unlikely to recommend any such refund), and (ii) lodging a new (and more appropriate) application, if the current application was allowed to lapse.

Legal & Legislative Considerations If Council responds to the applicant's request by not further extending the response period beyond 30 June 2014, the application will lapse in accordance with s279 of SPA. There is nothing to prevent the applicant lodging a further application. S279(5) of SPA requires that Council must not unreasonably refuse to extend the response period. In this instance, it would be reasonable to refuse to further extend, given the circumstances and previous history of the application. The applicant may formally respond to the information request prior to 30 June with no further information, and request that Council decide the application. The applicant may also choose to lodge a further request to change the application before the information request response period ends.

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DA/13/0069 - INDUSTRIAL LOTS This combined development application seeks a Preliminary Approval overriding the scheme for a Material Change of Use to vary the effect of the Atherton Shire Planning Scheme (2002) to allow development consistent with the Industrial Planning Area/Tolga District AND a Development Permit for that MCU and a Reconfiguration of a Lot (1 into 48 lots) in accordance with the plan shown below. The application applies to the entire site, but only provides for development and subdivision of the area north of the existing power line. It is intended that the lots will not be accessed from the western leg of Manthey Road or the proposed new connector road on the southern boundary of the proposed industrial lots. The applicant has not proposed any dedicated buffers for the development.

22 December 2010

Application Chronology Application lodged

8 February 2012

Public Notification completed - 10 submissions.

18 April 2012

Officer report recommending approval placed on Ordinary Meeting agenda for 18 April 2012. The report was withdrawn at the request of the applicant. The application has been the subject of a number of applicant requested extensions to 30 June 2014

18 April 2012 present

Applicant's Representations The applicant's representations are contained in Attachment 2. In summary, the applicant has requested the extension to provide further time to negotiate with Council and the state government about conditions of approval. Recommendation It is recommended that Council notify the applicant that it will further extend the Decision Making period to 30 September 2014, and that Council will not further extend the Decision Making period beyond that date, and that Council will decide the application before that extension date.

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TRC Tablelands Regional Council - Agenda

Date Prepared:

10 June 2014

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ATTACHMENT 1 DA13/0003 - REQUEST TO EXTEND INFORMATION REQUEST RESPONSE PERIOD

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TRC Tablelands Regional Council - Agenda

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ATTACHMENT 2 DA13/0069 - REQUEST TO EXTEND DECISION MAKING PERIOD

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ATTACHMENT 3

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ATTACHMENT 4

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ITEM-2

Thursday 19 June 2014

M J NOTT - RECONFIGURATION OF A LOT (1 INTO 2 LOTS) - LOT 136 ON NR5337 SITUATED AT PELICAN ROAD, BARRINE - DA/13/0064

DOCUMENT INFORMATION

MEETING:

Ordinary

MEETING DATE:

19 June 2014

REPORT AUTHOR/ OFFICER’S TITLE:

Dan O'Connor, Planning Officer

DEPARTMENT:

Community & Regional Planning APPLICATION DETAILS

APPLICANT DATE LODGED TYPE OF APPROVAL PROPOSED DEVELOPMENT

APPLICATION M.J. Nott 5 June 2013 Development Permit

Reconfiguration of a Lot (1 into 2 lots) DA/13/0064 11.872 ha AREA Twine Surveys P/L M.J. Nott OWNER Atherton Shire Planning Scheme 2002 (amended December 2004)

FILE NO LODGED BY PLANNING SCHEME PLANNING AREA LEVEL OF ASSESSMENT SUBMISSIONS

ATTACHMENTS:

ADDRESS RPD

PREMISES Pelican Road, Barrine Lot 136 on NR5337

Rural (Where not GQAL) Impact Nil

1. 2. 3. 4. 5.

Approved Plan; DNRM Concurrence & Advice Responses, dated 27 May 2014; DNRM Additional Advice, dated 3 June 2014; SunWater Third Party Advice, dated 12 May 2014; and Email from Divisional Councillor.

EXECUTIVE SUMMARY Council is in receipt of a development application described in the above application details. The application is impact assessable and no submissions were received in response to public notification of the application. It has been assessed against the relevant statutory planning instruments, including the FNQ Regional Plan 2009-2031 and the Atherton Shire Planning Scheme (2002) and displays some Page 21


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conflicts with both instruments. It is however considered that there are sufficient grounds to approve the proposal despite conflicts with provisions relating to the creation of new rural lifestyle lots and the minimum lot size for properties in the Rural (Where not GQAL) Planning Area. Justification for approval of the proposed subdivision is provided in contrast to a recently approved subdivision on nearby Russell-Pocket Road (DA/13/0056 - Chiu Chong)of a 1.3ha lot. In that case, the application was approved by Council albeit against the officer's recommendation for refusal based on similar conflicts. This site has significant differences in that there are no adjoining rural lots (providing opportunities for boundary realignment), the proposed lots are larger (and closer to minimum lot size) and the site adjoins a tourist development. The key issues dealt with by the assessment relate to effluent disposal setbacks from Lake Tinaroo, the protection of Strategic Cropping Land, roadworks external contributions and conflicts with the FNQ Regional Plan's Rural Subdivision provisions and the Atherton Shire Planning Scheme's Reconfiguration of a Lot Code. Draft conditions were provided to the Applicant, care of their consultant, and have been agreed to. The report was provided to the Divisional Councillor for comment prior to being placed on the Council meeting agenda. It is recommended that the application be approved in full with conditions.

OFFICER'S RECOMMENDATION 1.

It is recommended that, in relation to the following development application:

APPLICANT DATE LODGED TYPE OF APPROVAL PROPOSED DEVELOPMENT

APPLICATION M.J. Nott 5 June 2014 Development Permit

ADDRESS RPD

PREMISES Pelican Road, Barrine Lot 136 on NR5337

Reconfiguration of a Lot (1 into 2 lots)

and in accordance with the Sustainable Planning Act 2009, as amended, the applicant be notified that the application for a development permit for the development specified in (A) is: Approved by Council in accordance with the approved plans/documents listed in (B), subject to assessment manager conditions in (C), assessment manager’s advice in (D), concurrence agency conditions in (E), relevant period in (F), further permits in (G), and further approvals from Council listed in (H); (A)

APPROVED DEVELOPMENT: Reconfiguration of a Lot (1 into 2 lots)

And The assessment manager does consider that the assessment manager’s decision conflicts with a relevant instrument. It is however considered that there are sufficient grounds to approve the proposed development despite the conflicts as identified below.

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Details of the conflict with the relevant instrument

Reason for the decision, including a statement about the sufficient grounds to justify the decision despite the conflict

The proposed development conflicts with:

The proposed subdivision would create an additional title where the lot is split by road and the site is in the planning scheme's "Where not GQAL" planning area. Rural operations have not been maintained on the site and hence the site is considered limited rural value. There is limited benefit to be gained by retaining the lot in 2 severances.

1.

Desired Regional Outcome Land Use Policies 2.6.2 and 2.6.4 of the FNQ Regional Plan 2009-2031;

2.

Desired Environmental Outcomes 3.2, item (i) of the Atherton Shire Planning Scheme; and

3.

Reconfiguring a Lot Code, Element (iv) Acceptable Solution A1.1 to A1.14.

There is no opportunity for a boundary realignment to occur as the lot severances have no common boundaries with lots other than those comprising the Edgewater community title scheme (Lot 26 on SP154466 and Lot 0 on SP154466). As the proposal is not for boundary realignment, the "split by road" provisions of FNQ Regional Plan are generally not applicable. The proposal does however generally comply with Regional Plan Land Use Policy 2.6 as the policy aims to avoid the further fragmentation of rural land and the creation of "rural lifestyle" lots, which are defined as lots of 0.25-5ha. The proposed Lot 14 exceeds this requirement (7.6ha), while the proposed Lot 13 falls marginally short of the requirement (4.1ha). The proposed Lot 14 falls marginally short of the planning scheme's 8ha minimum lot size and the proposed Lot 13 is only 4.1ha, however there is sufficient area available on both lots to accommodate a dwelling and effluent disposal setback approximately 200-300m from the full supply level of the Lake. To protect water quality, at a minimum, advanced secondary effluent disposal systems would be required to service future dwellings on each lot. Conditions of approval are also recommended to ensure that future residential activities and effluent disposal are setback from the Lake to the maximum degree possible.

(B)

APPROVED PLANS: Plan/Document Number

13/6977 LL1 - 1

(C)

Plan/Document Title Proposed Reconfiguration of Lots 13 & 14 Cancelling Lot 136 on NR5337

Prepared by Twine Surveys P/L

Dated 11/3/13

ASSESSMENT MANAGER’S CONDITIONS (COUNCIL) 1.

Development must be carried out substantially in accordance with the approved plans and the facts and circumstances of the use as submitted with the application, subject to any alterations: -

2.

found necessary by Council’s delegated during construction of the development because of particular engineering requirements; and to ensure compliance with the following conditions of approval.

Timing of Effect 2.1

The conditions of the development permit must be complied with to the satisfaction of Council’s delegated officer prior to the endorsement of the plan of survey, except where specified otherwise in these conditions of approval.

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3.

Thursday 19 June 2014

General 3.1

All payments or bonds required to be made to the Council pursuant to any condition of this approval or the Adopted Infrastructure Charges Notice must be made prior to the endorsement of the plan of survey and at the rate applicable at the time of payment.

3.2

All works must be designed, constructed and carried out in accordance with FNQROC Development Manual (Atherton) requirements (as amended) and to the satisfaction of Council’s delegated officer.

3.3

Charges All outstanding rates, charges and expenses pertaining to the land are to be paid in full.

4.

Infrastructure Services and Standards 4.1

Access (a) Rural standard access crossovers must be constructed from the edge of the road pavement to the property boundary of the proposed lots in accordance with the FNQROC Development Manual, to the satisfaction of Council’s delegated officer. (b) Access to the proposed Lot 13 is only to be from Backshall Road and access to the proposed Lot 14 is only to be from Kulara Road. (c) The Applicant/Developer is to make an application for driveway access onto a Council road, prior to the issue of a certificate of classification for any dwelling on the proposed lots. The application is to be accompanied by the relevant fee and will be assessed for compliance by Council's delegated officer. A notation will be placed on Council's rates record for the new lots to notify future landowners of this requirement.

4.2

Water Supply Prior to the issue of a certificate of classification for any dwelling on the proposed lots, the Applicant/Developer must demonstrate to the satisfaction of Council's delegated officer that the development can be provided with a reliable source of potable and general use water satisfying the following requirements (where applicable): (a) A minimum 90,000 litre rainwater tank storage; AND/OR (b) Supply from a watercourse will be accepted as a source of general use water but not as a source for potable water, provided the following can be demonstrated to the satisfaction of Council's delegated officer: I. the watercourse has sufficient flow and is perennial in all but the driest years; and II. the site has a riparian boundary to the waterway; OR

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III. the applicant can demonstrate that the Department of Natural Resources & Mines is prepared to grant a water licence for the proposed lot; AND/OR (c) Supply from the lake or an irrigation pipeline or channel will be accepted as a source of potable and general use water provided the Applicant can provide evidence of an appropriate entitlement/agreement from Sunwater Ltd; AND/OR (d) Where a bore is to be used as an alternative source of potable and/or general use water, bore installation will be in accordance with the requirements of D6.07 of the FNQROC Development Manual; (e) Where a bore is to be used as an alternative source of potable water, it will be sited in accordance with the setback distances specified in the Queensland Plumbing and Wastewater Code; AND (f) The applicant/developer must demonstrate that any alternative potable water supply can satisfy the standards for drinking water set by the Australian Drinking Water Guidelines 2004 (National Health and Medical Research Council and the National Resource Management Ministerial Council); AND (g) A minimum of 5,000 litres of tank storage must also be provided for fire fighting purposes provided through a 50mm male Camlock fitting. The outlet from the tank supply shall be located in an accessible position no less than 40m from any approved habitable building. A notation will be placed on Council's rates record for the new lots to notify future landowners of this requirement. 4.3

On-Site Wastewater Management (a) Prior to the issue of a certificate of classification for any dwelling on the proposed lots, the Applicant/Developer must provide a site and soil evaluation report and effluent disposal design, prepared by an accredited wastewater consultant, demonstrating the ability of the lot to accommodate on-site effluent disposal in compliance with the latest version of the On-Site Domestic Wastewater Management Standard (ASNZ1547) to the satisfaction of the Council’s delegated officer; (b) Any proposed effluent disposal system on the approved lots is to ensure that, at a minimum, domestic wastewater is treated to an advanced secondary standard and disinfected as per the Queensland Plumbing and Wastewater Code; and (c) Wastewater irrigation areas on the approved lots (including back-up areas) are to be setback to the maximum degree possible from the full supply level of Lake Tinaroo (defined as E.L. 672.35 AHD) and located adjacent to the intersection of Kulara Road and Pelican Road on the proposed Lot 14 and adjacent to the intersection of Backshall Road and Edgewater Access on the proposed Lot 13. The location of on-site effluent disposal systems and wastewater irrigation areas is to comply with the setbacks specified by the Queensland Plumbing and Wastewater Code:

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A notation will be placed on Council's rates record for the new lots to notify future landowners of this requirement. 4.4

Electricity provision/supply (a) The Applicant/Developer must ensure that an appropriate level of electricity supply is provided to each allotment in accordance with FNQROC Development Manual standards (as amended) to the satisfaction of Council’s delegated officer. (b) Written advice from an Electricity Service Provider is to be provided to Council indicating that an agreement has been made for the provision of overhead power reticulation.

4.5

Telecommunications The Applicant/Developer must enter into an agreement with a telecommunication carrier to provide telecommunication services to each allotment and arrange provision of necessary conduits and enveloping pipes.

4.6

Building Setback from Lake Tinaroo (a) All new buildings on the proposed lots (excluding wastewater irrigation areas) are to be setback from the full supply level of Lake Tinaroo (defined as E.L. 672.35 AHD) to the maximum degree possible having regard to building envelopes A1 and A2 identified by DNRM Strategic Cropping Land Map Reference No. 8063 "Plan of Building Envelope A (Parts A1 and A2) in Lot 136 on NR5337", dated 21 May 2014, to the satisfaction of Council's delegated officer; and (b) The floor level of all habitable buildings must be above E.L 674.2 AHD. A notation will be placed on Council's rates record for the new lots to notify future landowners of this requirement.

4.7

Rural Addressing The applicant must pay a contribution per lot for provision of rural addressing at the rate identified in the Fees and Charges Schedule at the time of payment.

(D)

ASSESSMENT MANAGER’S ADVICE (a)

An Adopted Infrastructure Charges Notice has been issued with respect to the approved development. The Adopted Infrastructure Charges Notice details the type of infrastructure charges, the amount of the charges and when the charges are payable.

(b)

The Adopted Infrastructure Charges Notice does not include all charges or payments that are payable with respect to the approved development. A number of other charges or payments may be payable as conditions of approval. The applicable fee is set out in Council’s Fees & Charges Schedule for each respective financial year.

(c)

Development within the Declared Catchment Area of Lake Tinaroo

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Note that this approval does not imply use rights over the proposed lots for residential purposes given that a "Dwelling House" is likely to trigger a code assessable application to Council. In this regard, Council officers advise that the lots are incapable of achieving a 400m setback from the full supply level of the Lake for the purposes of on-site effluent disposal, being the relevant self assessable criteria under the Atherton Shire Planning Scheme's 'Code for Development within the Declared Catchment Area of Lake Tinaroo'. (d)

Endorsement Fees Please be advised that Council charges a fee for the endorsement of a Survey Plan, Community Management Statements, easement documents, and covenants. The fee is set out in Council’s Fees & Charges Schedule applicable for each respective financial year.

(e)

Compliance with applicable codes/policies The development must be carried out to ensure compliance with the provisions of Council’s Local Laws, Planning Scheme Policies, Planning Scheme and Planning Scheme Codes to the extent they have not been varied by a condition of this approval.

(f)

Notation on Rates Record A notation will be placed on Council’s Rate record with respect to each lot regarding the following conditions / advice statements:     

(g)

4.1 - Access; 4.2 - Non-Reticulated Water Supply; 4.3 - On-site Wastewater Management; 4.6 - Building Setback from Lake Tinaroo; and Advice statement (c) - Development within the Declared Catchment Area of Lake Tinaroo.

Environmental Protection and Biodiversity Conservation Act 1999 The applicant is advised that referral may be required under the Environmental Protection and Biodiversity Conservation Act 1999 if the proposed activities are likely to have a significant impact on a matter of national environmental significance. Further information on these matters can be obtained from www.environment.gov.au.

(h)

Cultural Heritage In carrying out the activity the applicant must take all reasonable and practicable measures to ensure that no harm is done to Aboriginal cultural heritage (the “cultural heritage duty of care”). The applicant will comply with the cultural heritage duty of care if the applicant acts in accordance with gazetted cultural heritage duty of care guidelines. An assessment of the proposed activity against the duty of care guidelines will determine whether or to what extent Aboriginal cultural heritage may be harmed by the activity. Further information on cultural heritage, together with a copy of the duty of care guidelines and cultural heritage search forms, may be obtained from www.datsima.qld.gov.au.

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(E)

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CONCURRENCE AGENCY CONDITIONS Department of Natural Resources and Mines conditions dated 27 May 2014.

(F)

RELEVANT PERIOD When approval lapses if development not started (s.341) 

(G)

Reconfiguring a Lot not requiring Operational Works – two (2) years (starting the day the approval takes effect).

OTHER NECESSARY DEVELOPMENT PERMITS AND/OR COMPLIANCE PERMITS  Nil

(H)

OTHER APPROVALS REQUIRED FROM COUNCIL  Access approval arising from condition number 4.1 (Please contact the Community & Regional Planning Department to obtain an application form and applicable fee)

2.

That an Adopted Infrastructure Charges Notice be issued for the following infrastructure charge/s for:

Infrastructure Charge Roadworks External Contributions

to

a

Site

TOTAL CURRENT CHARGE

AMOUNT

-

Lots

Rate

1

$15,000.00 per additional lot

Current Amount of Charge $15,000.00

$15,000.00

OF

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THE SITE

Map Disclaimer: Based on or contains data provided by the State of Queensland (Department of Environment and Resource Management) (2009). In consideration of the State permitting use of this data you acknowledge and agree that the State gives no warranty in relation to the data (including accuracy, reliability, completeness, currency or suitability) and accepts no liability (including without limitation, liability in negligence) for any loss, damage or costs (including consequential damage) relating to any use of the data. Data must not be used for direct marketing or be used in breach of the privacy laws.

The site has an area of 11.872 ha and is split into 2 severances by Pelican Road. The severance to the north-east of Pelican Road fronts Lake Tinaroo and has an area of 7.693 ha with frontages of 222m to Kulara Road (bitumen) and 390m to Pelican Road (3m wide formed gravel). The severance to the south-west of Pelican Road has an area of 4.179 ha and frontages of 376m to Pelican Road and 490m to Backshall Road (5m wide bitumen seal). There is an existing gravel access to the north-eastern severance from Kulara Road located in the approximate location of the Kulara Road/Pelican Road intersection. The north-eastern severance is improved by a farm shed and the south-western severance is not improved by any buildings or structures. The site was previously operated as an avocado orchard and both severances still host the abandoned Page 29


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tree crops. The site is not constrained for development by remnant vegetation, watercourses or slope. Council's reticulated water supply and sewerage networks do not service the site. Land in the general vicinity of the subject land is zoned "Rural (Where not GQAL)" and is largely utilised for "rural lifestyle" purposes. To the north of the site is the Edgewater community title scheme, which holds an approval for 20 tourist "chalets" on lots of roughly 1,500m2, a 40 unit motel (plus ancillary restaurant and entertainment facilities) and caretaker's residence. To date, only a number of the chalet lots have been developed in association with the Edgewater approvals, although much of the trunk infrastructure for the remainder of the development is in place, including a wastewater treatment plant on Lot 0 on SP154466 adjoining the south-western severance of the subject site.

DESCRIPTION OF PROPOSED DEVELOPMENT The development application seeks a Development Permit for a Reconfiguration of a Lot (1 into 2 Lots) as shown by the proposed plan of reconfiguration provided as Attachment 1. The boundaries of the proposed lots correspond with the boundaries of the 2 severances as described above.

REGIONAL PLAN DESIGNATION The subject site is included within the Regional Landscape and Rural Production Area land use category in the Far North Queensland Regional Plan 2009-2031.

PLANNING SCHEME DESIGNATIONS Structure Plan designation:

Rural

Planning Areas:

Rural (Where not GQAL)

Lake Tinaroo Declared Catchment Area:

Yes

RELEVANT PLANNING INSTRUMENTS Assessment of the proposed development against the relevant planning instruments is summarised as follows: (a)

Far North Queensland Regional Plan 2009-2031

Assessment against the Regional Plan is required because the plan is not reflected in the planning scheme. The application is assessed as being capable of substantially complying with the relevant provisions of the Regional Plan, provided reasonable and relevant conditions are applied. The following Desired Regional Outcome Land Use Policies are relevant to the assessment of the application:

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DRO 2.6 Rural Subdivision Land Use Policy 2.6.1

2.6.2

2.6.4

Further fragmentation of agricultural land in the regional landscape and rural production area is avoided to maintain economically viable farm lot sizes. Boundary realignments are only permitted in the regional landscape and rural production area where it can be demonstrated that a realignment of the property would: (i) improve agricultural efficiency (ii) facilitate agricultural activity or conservation outcomes or (iii) resolve boundary issues where:  a house or structure is built over the boundary line of two lots  a lot has been intersected by the compulsory installation of infrastructure such as a road or electricity line. Boundary realignments should not be permitted to create new small lots for rural residential or rural lifestyle purposes.

Complies

Comments

The proposed subdivision would create an additional title where the lot is split by road and the site is in the planning scheme's "Where not GQAL" planning area. Rural operations have not been maintained on the site and hence the site is considered to only have value as a "rural lifestyle" lot. There is no benefit to be gained by retaining the lot in 2 severances.

N/A

N/A

There is no opportunity for a boundary realignment to occur as the lot severances have no common boundaries with lots other than those comprising the Edgewater community title scheme (Lot 26 on SP154466 and Lot 0 on SP154466). As the proposal is not for boundary realignment, the "split by road" provisions of FNQ Regional Plan are generally not applicable. The proposal does however generally comply with Regional Plan Land Use Policy 2.6 as the policy aims to avoid the further fragmentation of rural land and the creation of "rural lifestyle" lots, which are defined as lots of 0.25-5ha. The proposed Lot 14 exceeds this requirement (7.6ha), while the proposed Lot 13 falls marginally short of the requirement (4.1ha). To this end, the proposal is in contrast to the recently approved subdivision over nearby land at the corner of Russell Pocket and Welsh Roads, Barrine (DA/13/0056 - Chiu Chong). In that case, the proposal was recommended for refusal by officers in light of the potential for boundary realignment and given that the proposed "rural lifestyle" lot only had an area of approximately 1.3ha and was essentially rural residential in character.

DRO 7.1 Protection of Waterways, Wetlands and Water Quality Land Use Policy 7.1.1

(b) (i)

Development is planned, designed, constructed and managed in accordance with best practice environmental management to protect environmental values and meet water quality objectives of the Environmental Protection Policy (Water) 1997 (EPP Water) for regional surface water, groundwater and wetlands.

Comments

Complies. Conditions of approval are recommended to minimise the potential impacts on ground and surface waters. Note that specific stormwater conditions related to water quality are not recommended as further code assessable applications would be required to construct dwellings on the new lots and such conditions would be attached to the dwelling approval.

State Planning Policies The following State Planning Policies have been appropriately reflected in the Planning Scheme. 

(ii)

Complies

State Planning Policy 1/92 – Development and Conservation of Agricultural Land (Lapsed 18 December 2012).

The following State Planning Polices are not reflected in the planning scheme and are of some relevance to the assessment:

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State Planning Policies Complies

SPP

Comments

SPP 1/03

Mitigating the Adverse Impacts of Flood, Bushfire and Landslide

N/A

The subject site is not located within a "natural hazard management area" for landslide, bushfire or flooding, which is the trigger for assessment against this SPP.

SPP 1/92

Development Conservation Land

N/A

This SPP is adequately reflected by the Atherton Shire Planning Scheme (2002), therefore a separate assessment against this SPP is therefore not required. The site is not identified by the planning scheme as GQAL. This SPP came into effect 30 January 2012 for the protection of SCL which is a finite resource that must be conserved and managed. The SPP generally aims to protect SCL from developments that lead to permanent impacts or diminished productivity. The application was referred to DNRM for assessment of SCL matters and the site has undergone the validation process to enable DNRM to issue conditions of approval. The Department's concurrence response is provided as Attachment 2 and requires that any domestic housing activity on the subject lots be restricted to designated non-SCL building envelopes. This SPP came into effect on 24 August 2012 and is therefore applicable to the subject application given that it was lodged after the SPP was introduced. The SPP aims to facilitate economic growth in Qld by promoting agriculture, tourism, the State’s mineral & extractive resource industries and construction activities. The purpose of this policy is to achieve a balance between the competing or conflicting outcomes of the development by giving weight to: a) agricultural uses in areas zoned for agricultural uses; b) urban uses in areas zoned for urban uses; c) tourist development which can be shown to be complementary to an area’s environmental, scenic and cultural values; and d) mineral & extractive resources development which can be shown to be complementary to an area’s primary intended land use. The SPP is only applies to State referral agencies involved in the assessment and not Council as the Assessment Manager.

of

and the Agricultural

SPP1/12

Protection of Queensland’s Strategic Cropping Land (SCL)

Temp SPP2/12

Planning for Prosperity

(c)

N/A

Atherton Shire Planning Scheme 2002 (amended December 2004)

Relevant Desired Environmental Outcomes Complies

DEO 1 – Economic Development A strong, diverse and sustainable economy is achieved through: (i)

(ii)

efficient and sustainable rural production in agriculture, horticulture, forestry, grazing, dairying and aquaculture; the conservation and sustainable use of Good Quality Agricultural Land, consistent with State Planning Policy 1/92.

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Comments The proposed subdivision would create an additional title where the lot is split by road and the site is in the planning scheme's "Where not GQAL" planning area. Rural operations have not been maintained on the site and hence the site is considered to only have limited rural value. There is limited benefit to be gained by retaining the lot in 2 severances.


TRC Tablelands Regional Council - Agenda

Thursday 19 June 2014 Complies

DEO 2 – Settlement Pattern An orderly, cohesive and legible pattern of development is established that: (i) (iii) (v)

/

is consistent with the FNQ Regional Plan; minimises the loss and prevents the fragmentation of Good Quality Agricultural Land; results in development being sympathetic to the physical, landscape and social settings.

Complies

DEO 5 – Infrastructure Infrastructure is delivered and maintained in an efficient, cost effective and equitable manner through: (i) (vii) (viii)

Comments The discussed above, the proposal displays some conflicts with Land Use Policies 2.6.2 and 2.6.4 of the FNQ Regional Plan however it is considered that there is a sound basis for approval despite the conflicts.

Comments Complies. The proposed lots would be serviced by on-site water supply and effluent disposal. Conditions are recommended to ensure that future dwellings and associated effluent disposal are setback to the greatest degree possible from the Lake having regard to non-SCL building envelopes. A condition of approval requires that the proposed lots be accessed from Kulara and Backshall Roads, both of which are constructed to an acceptable standard.

the coordination between infrastructure services, land use planning and economic development activities; adopting efficient and sustainable systems for waste management and stormwater management; protecting major infrastructure items such as the water reticulation system from the Tinaroo Dam to the Mareeba-Dimbulah Irrigation Area and major transport facilities including roads and rail networks; and

Relevant Development Codes The following Development Codes are considered to be applicable to the assessment of the application: Part C Part C

4.16 4.13

Reconfiguring a Lot Code Codes for Development within the Declared Catchment Area of Lake Tinaroo

The application included a planning report and assessment against the planning scheme. An officer assessment has found that the application satisfies the relevant acceptable solutions (or performance criteria where no acceptable solution applies) of the relevant codes set out below, provided reasonable and relevant conditions are attached to any approval. Relevant Codes Reconfiguring a Lot Code

Comments The application can be conditioned to comply with the applicable acceptable solutions/performance criteria with conditions recommended in relation to:  Building/effluent disposal setbacks from the Lake;  On-site Wastewater Management; and  Water Quality Management. Refer to discussion below.

Codes for Development within the Declared Catchment Area of Lake Tinaroo

The application can be conditioned to comply with the applicable acceptable solutions/performance criteria with conditions recommended in relation to:  On-site Wastewater Management; and  Water Quality Management. Refer to the "Planning Discussion" section of this report for further discussion.

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Reconfiguration of a Lot Code (i)

Lot Layout

Objective:

To provide a range and mix of lot sizes with areas and dimensions that meet user requirements.

Performance Criteria P1.1

Lot size and dimensions are compatible with the physical characteristics of a site and the projected user requirements having regard to the agricultural quality of the land, availability of vehicular access, scenic and cultural values, slope, stability and flooding potential.

Acceptable Solutions

Complies

Comment

A1.1 to A1.14 Lot area and dimensions comply with Table 5.16.3 and generally satisfy the Performance Criteria. In some circumstances the area and/or frontage of a lot may need to be greater than the minimum identified to take account of the site constraints, the Performance Criteria and the provisions of other Codes.

ď Ą

Complies with P1.1. The proposed Lot 14 falls marginally short of the 8 ha minimum lot size and Lot 13 is only 4.1 ha, however the land is not GQAL and there is sufficient area available for dwellings and effluent disposal to be setback from the full supply level of the Lake having regard to the nonSCL building envelopes imposed by DNRM. At a minimum, advanced secondary effluent disposal systems would be required to service future dwellings on each lot to protect water quality. The proposed subdivision would create an additional title where the lot is split by road and the site is in the planning scheme's "Where not GQAL" planning area. Rural operations have not been maintained on the site and hence the site is considered to only have limited rural value. There is little benefit to be gained by retaining the lot in 2 severances.

(d)

Planning Scheme Policies

The following planning scheme policies are relevant to the application: No. 1 – Road Construction Standards and Operational Works Development Standards A condition of approval is recommended requiring the proposed lots to be accessed only from Kulara and Backshall Roads rather than Pelican Road, which is only constructed to a gravel standard. As Kulara and Backshall Roads are constructed to an acceptable standard for a secondary rural access (minimum seal width 3.5m), no frontage upgrades are recommended. Any works undertaken in association with the reconfiguration should be carried out in accordance with the acceptable standards identified by the FNQROC Development Manual. Note that the proposed reconfiguration differs from the recently approved subdivision located at the intersection of Russell Pocket and Welsh Roads, Barrine (DA/13/0056 - Chiu Chong) in terms of the requirement for frontage works. In that case, it was proposed to create a 1.3ha lot that would only function as a rural residential property. The subject section of Russell Pocket Road was sub-standard for a primary rural access, being formed gravel for the full frontage. As such, it was appropriate that the new lot be provided with a sealed frontage as per the standards applied to new rural residential developments and a condition of approval required Russell Pocket Road to be upgraded to a bitumen standard (8m formation, 6.5m pavement and 6.5m seal).

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No. 2 – Roadworks External to a Site – Contributions Roadworks external charges are levied on developments that place additional traffic loadings on the Principal Road Access having considered the impact of the proposed development in the broader context of the Total Access Network servicing the subject land and where the Principal Road Access is under Council control. Roadworks External contributions are directed towards the upgrading of the Council controlled road network servicing the site (the Roadworks External Catchment). Typically Roadworks External Catchments are developed where the local road network is not to the desired standard requiring upgrades to keep pace with development pressures in the locality. In this instance, the Principal Road Access (Russell Pocket Road) is not constructed to the desired FNQROC standard and therefore a roadworks external charge applies. When deciding previous applications in the area (where the proportional cost of roadworks is high) Council has chosen to apply the Atherton Planning Scheme's rural roads policy by requiring the maximum cash contribution of $15,000 per additional lot. Accordingly, it is recommended that an Adopted Infrastructure Charges Notice be issued requiring a $15,000 contribution. Note that a 2008 estimate of costs per lot for road upgrades in the locality found that the actual cost per lot would equate to approximately $45,000 and Council may use its discretion when applying the maximum roadworks external policy. Over the last 10 years, Council has issued a number of subdivision approvals where Russell Pocket Road is the principal access. In most cases, the approvals had conditions attached requiring frontage works and/or roadworks external contributions. A list of the approvals in question, along with a summary of the relevant conditions attached to each, is provided below:

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Approval Reference

Applicant

Summary Conditions

of Completed

IPA05-42

Williams

IPA07-24

Williams

IPA08-27

Brown

IPA08-56

MacKedie

Sealed frontage works to Russell Pocket Road (bonded @ $90,000.00) with the maximum roadworks external contribution of $15,000.00 per additional lot (total $15,000.00 for 1 additional lot). Sealed frontage works to Russell Pocket Road with the maximum roadworks external contribution of $15,000.00 per additional lot (total $45,000.00 for 3 additional lots). A monetary contribution of $45,000.00 payable in lieu of frontage works to Shadforth Road with the maximum roadworks external contribution of $15,000.00 per additional lot (total $15,000.00 for 1 additional lot). Frontage works to Russell Pocket Road with the maximum roadworks external contribution of $15,000.00 per additional lot (total $15,000.00 for 1

Yes

No

Yes

No

As per the above, the current balance of funds in the Russell Pocket Road priority roadworks allocation is $75,000 with $60,000 paid in association with IPA08-27 (Brown) and $15,000 paid in association with IPA05-42 (Williams). The maximum roadworks external charge of $15,000 was initially recommended to be imposed on DA/13/0056 (Chui Chong), however Council elected not to impose the charge in lieu of the costs associated with the above-discussed frontage works. (e)

Infrastructure Charges Plan

The subject site falls outside of the benefitted area identified by the Atherton Shire Infrastructure Charges Plan (Water Supply & Sewerage) and the proposed development would not be serviced by reticulated water supply or sewerage, therefore no charges are warranted in this instance. REFERRALS Concurrence The application triggered referral to the Department of Natural Resources and Mines (DNRM) as a concurrence agency for matters related to development on Strategic Cropping Land (SCL). That Department advised in a letter dated 27 May 2014 that they require conditions to be attached to any approval regarding the approved plan of reconfiguration and imposing building envelopes over areas identified as non-SCL (see below and Attachment 2). The response also recommends that Council attach a number of conditions related to the protection of water quality within the Declared Catchment Area of Lake Tinaroo.

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Following receipt of the DNRM response, Council's Planning Officer sought clarification regarding the requirement that all "domestic housing activities" be conducted within the approved building envelopes. Specifically, DNRM officers were asked to clarify whether the conditions permitted effluent disposal areas to be located outside of the building envelopes. A DNRM officer provided a response via email dated 3 June 2014 (Attachment 3) indicating that treated domestic wastewater could be irrigated outside of the approved building envelopes. The recommended conditions of approval are consistent with the DNRM conditions and advice. Third Party Advice The application was referred to Sunwater for Third Party Advice. Sunwater advised in a letter dated 12 May 2014 (Attachment 4), that they have no objection to the proposed subdivision although the Applicant would need to apply for an entitlement to take supplies from the Lake for domestic and/or irrigation purposes. A condition of approval is recommended allowing the Applicant to demonstrate alternative means of achieving a reliable supply should an entitlement not be forthcoming. Internal Consultation Senior Advisor Infrastructure Planning Plumbing Inspector PUBLIC NOTIFICATION The development proposal was placed on public notification from 22 April 2014 to 16 May 2014. The Applicant submitted the notice of compliance on 19 May 2014 advising that the public notification requirements were carried out in accordance with the requirements of the Act. Page 37


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No submissions were received. PLANNING DISCUSSION Code for Development within the Declared Catchment Area of Lake Tinaroo Note that this approval does not imply use rights over the proposed lots for residential purposes given that a "Dwelling House" is likely to trigger a code assessable application to Council. This is because neither of the proposed lots would be capable of accommodating a 400m building/effluent disposal setback from the full supply level of the Lake. The 400m setback is one of the self assessable criteria for development under the "Code for Development within the Declared Catchment Area of Lake Tinaroo" (Element (ii) 'Setbacks' - Acceptable Solution A1.1). It is recommended that a rates notation to this effect be recorded against the new titles to inform future purchasers of this requirement. Electricity Supply Council's current policy position on the provision of electricity to rural subdivisions is as follows: 1.

Applications are to be assessed individually on their merits to determine the appropriate level and type of electricity supply. The onus of proof is with the applicant.

2.

The current policy approach for rural subdivisions assessed by the Tablelands Regional Council is as follows: a.

Applications that demonstrate compliance with minimum lot size criteria are not required to provide electricity supply to the new allotments.

b.

Applications that do not demonstrate compliance with minimum lot size criteria and create lots that are rural residential in character are required to provide electricity supply to all non-compliant allotments. Applications that do not demonstrate compliance with minimum lot size criteria but can demonstrate genuine rural character will not be required to provide electricity supply. The onus of proof is with the applicant.

In this instance, the proposed lots fall short of the minimum lot size for the Rural (Where not GQAL) Planning Area (8 ha) and would be "rural lifestyle" (i.e. rural residential) in character. It is therefore a condition of approval that both lots be connected to electricity. Date Prepared:

10 June 2014

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ATTACHMENT 1 APPROVED PLAN (ECM VS# 3317447)

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ATTACHMENT 2 DNRM CONCURRENCE & ADVICE RESPONSES (ECM VS# 3564685)

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ATTACHMENT 3 DNRM ADDITIONAL ADVICE (ECM VS# 3567963)

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ATTACHMENT 4 SUNWATER THIRD PARTY ADVICE (ECM VS# 3559201)

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ATTACHMENT 5 EMAIL FROM DIVISIONAL COUNCILLOR

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ITEM-3

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PE & TM PEZZELATO - MATERIAL CHANGE OF USE FOR MOTEL (SHORT TERM ACCOMMODATION) - LOT 1 ON RP729227 SITUATED AT 16-24 ARBOUIN ROAD, TOLGA DA/14/0014

DOCUMENT INFORMATION

MEETING:

Ordinary

MEETING DATE:

19 June 2014

REPORT AUTHOR/ OFFICER’S TITLE:

Dan O'Connor, Planning Officer

DEPARTMENT:

Community & Regional Planning APPLICATION DETAILS

APPLICANT

APPLICATION P.E. & T.M. Pezzelato

ADDRESS

PREMISES 16-24 Arbouin Road, Tolga Lot 1 on RP729227

DATE LODGED TYPE OF APPROVAL PROPOSED DEVELOPMENT

3 February 2014 Development Permit

FILE NO LODGED BY PLANNING SCHEME PLANNING AREA LEVEL OF ASSESSMENT SUBMISSIONS

DA/14/0014 2.036 ha AREA Twine Surveys P/L P.E. & T.M. Pezzelato OWNER Atherton Shire Planning Scheme 2002 (amended December 2004)

ATTACHMENTS:

RPD

Material Change of Use for "Motel" (Short Term Accommodation)

Rural Residential Impact 20 (16 properly made)

1. 2. 3.

Proposal Plans; DSDIP Concurrence Agency Response, dated 29 April 2014; and Submitter letters.

EXECUTIVE SUMMARY Council is in receipt of a development application described in the above application details. The application is impact assessable and 16 properly made submissions were received in response to public notification of the application. The application has been assessed against the relevant statutory planning instruments, including the FNQ Regional Plan 2009-2031 and the Atherton Shire Planning Scheme (2002) and is Page 67


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considered to be in conflict with both instruments. There are insufficient grounds to approve the development despite the conflicts discussed below. The key issues and conflicts for the assessment relate to impacts on rural residential character and amenity (e.g. noise, security, privacy, traffic) and the lack of urban services available to the site. It is recommended that the application be refused.

OFFICER'S RECOMMENDATION 1.

It is recommended that, in relation to the following development application:

APPLICANT DATE LODGED TYPE OF APPROVAL PROPOSED DEVELOPMENT

APPLICATION P.E. & T.M. Pezzelato 3 February 2014 Development Permit

ADDRESS RPD

PREMISES 16-24 Arbouin Road, Tolga Lot 1 on RP729227

Material Change of Use for "Motel" (Short Term Accommodation)

and in accordance with the Sustainable Planning Act 2009, as amended, the applicant be notified that the application for a development permit for the development specified in (A) is: Refused by Council for reasons set out in (B). (A)

REFUSED DEVELOPMENT:

Material Change of Use for "Motel" (Short Term Accommodation)

(B)

ASSESSMENT MANAGER’S REASONS FOR REFUSAL: 1.

The proposal conflicts with Land Use Policies 3.5.4, 6.1.2 and 8.1.11 of the FNQ Regional 2009-2031 Plan;

2.

The proposal conflicts with the Desired Environmental Outcomes of the Atherton Shire Planning Scheme (2002) - Part B, Section 3.1, items (iv) and (v); Section 3.2, items (ii), (v), (vi) and (vii); Section 3.3 item (ii); and Section 3.5, items (i), (ii), (iii), (iv) and (vi);

3.

The proposal conflicts with the Tolga District Objective as identified by the Atherton Shire Planning Scheme (2002) - Part C, Section 3.6.4, item (ii);

4.

The proposal conflicts with the intent statement for the Rural Residential Planning Area and Rural Residential Objective 1 as identified by the Atherton Shire Planning Scheme (2002) - Part C, Section 2.4.2, Assessment Criteria (b) and (c);

5.

The proposal conflicts with the General Impact Assessment Criteria as identified by the Atherton Shire Planning Scheme (2002) - Part C, Section 2.16, items (a), (b) and (c);

6.

The proposal conflicts with the purpose statement for the General Tourism Code as identified by the Atherton Shire Planning Scheme (2002) - Part C, Section 4.10.1; and

7.

The proposal conflicts with the General Tourism Code as identified by the Atherton Shire Planning Scheme (2002) - Part C, Section 4.10.1, Element (v) - 'Provision of Page 68


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Services', Acceptable Solution A1.1 and Performance Criteria P1 and the objective of the element. THE SITE

Map Disclaimer: Based on or contains data provided by the State of Queensland (Department of Environment and Resource Management) (2009). In consideration of the State permitting use of this data you acknowledge and agree that the State gives no warranty in relation to the data (including accuracy, reliability, completeness, currency or suitability) and accepts no liability (including without limitation, liability in negligence) for any loss, damage or costs (including consequential damage) relating to any use of the data. Data must not be used for direct marketing or be used in breach of the privacy laws.

The subject site is located approximately 2km north of the Tolga village centre and is accessible via the Kennedy Highway and Arbouin Road. The site has approximately 113m of frontage to the Kennedy Highway and approximately 30m of frontage to the cul-de-sac head of Arbouin Road. The site hosts a single detached dwelling, ancillary sheds (x2) and a tennis court. The site is unconstrained by natural or physical features (remnant vegetation, watercourses, slopes etc). Page 69


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The site is not connected to Council’s reticulated water supply or sewerage networks and is serviced by bore water supply and on-site effluent disposal. Council's reticulated water supply currently only extends to Pillinger Drive, where the main terminates approximately 400m to the south of the site on the western side of the Kennedy Highway. Surrounding land uses are predominately single detached dwellings on rural residential allotments (roughly 2-3Ha) with some larger lots hosting small scale horticultural uses. Adjacent and near by non-residential uses include the "Big Peanut" located on the corner of the Kennedy Highway and Auld Road and Tableland Hydroponics on the neighbouring lot to the south. The surrounding Rural Residential zoned lots have the potential to be further subdivided as the minimum lot size under the Atherton Shire Planning Scheme is 4,000m2. When fully developed, it is expected that the locality would be similar in character to the established rural residential areas of Rangeview and Mountain View Estate.

PREVIOUS APPLICATIONS & APPROVALS On 25 July 2011, Council's Manager Urban and Regional Planning approved under delegated authority, a development permit for Reconfiguration of Lot (1 into 3 Lots) (DA/14/0031). The approved plan of reconfiguration is provided below (Figure 1) and the relevant period for the approval does not lapse until July 2015. If the proposed backpacker accommodation is approved, both approvals may be acted upon, although one or both approvals would have to be amended given that the proposed site access and on-site parking arrangements conflict with the proposed lot boundaries. Specifically, it is proposed that vehicle access to the backpacker accommodation be gained from both the Kennedy Highway and Arbouin Road and the proposed location of onsite parking facilities (see Figure 2) would encroach upon the common boundary between Lot 10 and Lots 11 and 12. If the accommodation is approved, the provision of additional acoustic/visual screening measures to the common boundary would need to be considered, given that future dwellings could be constructed in relatively close proximity to the accommodation building.

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Figure 1. Approved Plan of Reconfiguration

Figure 2. Proposed "Motel" Car Parking Plan

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BACKGROUND AND CONTEXT In June 2012, Council officers received a complaint from a member of the public alleging that the Applicants were using the existing dwelling on the subject site as backpacker accommodation. An external site inspection by a Council Planning officer failed to confirm that the site was being used for anything other than a dwelling and so no further action was taken at the time. Following further complaints from the public alleging the same, a Show Cause Notice was issued to the Applicants on 1 October 2013 under section 578(1) of the Sustainable Planning Act 2009 for carrying out assessable development without an effective development permit. Following a site meeting with Council's Planning Officer on 10 October 2013, the Applicants subsequently responded to the Show Cause Notice by email on 11 October 2013, advising that they intended to lodge a Material Change of Use application for backpacker accommodation. The Applicants' consultant requested that sufficient time be allowed for the preparation of the application, which was subsequently lodged on 3 February 2014. On 10 March 2014, Council's Manager Urban and Regional issued an Enforcement Notice to the Applicants following reports that the backpackers was still operating. The Enforcement Notice informed the Applicants to cease the use pending planning and building approval. The Applicants verbally indicated that they had ceased the use and no further complaints were received following the issue of the Enforcement Notice.

DESCRIPTION OF PROPOSED DEVELOPMENT The development application seeks a Development Permit for "Short Term Accommodation" in accordance with the plans provided as Attachment 1. The proposal essentially constitutes "offfarm" rural workers accommodation for backpackers working on farms in the region. Some building alterations have already be undertaken by the Applicants befitting of the proposed use. If approved, the dwelling would be further retrofitted as a hostel building comprising the following:              

Beds for up to 18 guests in 6 rooms, including 2 rooms with private ensuites capable of being used to accommodate either a caretaker (rooms 4 & 6) or a disabled guest (room 4); Shared shower/toilet facilities (x2); Communal lounge and dining area; Communal indoor kitchen; Communal outdoor kitchen/BBQ area; Laundry facilities and clothes drying areas; Outdoor entertaining areas (front and back); Landscaped outdoor areas; Tennis court; Sealed driveway access from Arbouin Road and on-site parking for 5 standard vehicles; Acoustic/privacy screen fencing to adjoining residential properties; New on-site effluent disposal system capable of accommodating 18 persons; Water supply from the existing domestic bore; and Provision of disabled access throughout the site.

REGIONAL PLAN DESIGNATION The subject site is included within the Rural Living Area land use category in the Far North Queensland Regional Plan 2009-2031. Tolga is identified a "Village Activity Centre" by the Regional Plan.

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PLANNING SCHEME DESIGNATIONS Structure Plan designation:

Rural Residential

Planning Areas:

Rural Residential

Planning Scheme Definitions The proposed use is defined as: Motel: Any premises comprising more than two rooming units together with a caretaker’s residence and ancillary facilities, used for the overnight accommodation of travellers. The term includes a restaurant, where conducted on the same allotment, principally for the use of house guests. The term does not include “accommodation building” or “multiple residential units”. NB: The Applicants initially lodged the application seeking approval for "Short Term Accommodation", which is not a defined land use under the Atherton Shire Planning Scheme (2002). Despite the "Motel" definition being the one normally applied to budget accommodation uses of the sort, the Applicants chose to use the term "Short Term Accommodation" instead. This was because they were concerned that using the term "Motel" would give members of the public the wrong impression of the kind of development actually proposed, given that people normally associate lager scale developments akin to the Atherton Hinterland Motel on Cook Street when they hear the term. Council's Planning officer however advised the Applicants' consultant that when there is a planning scheme definition befitting of the proposal, it should be adopted, hence as a compromise the description of the proposal was amended to "Motel" (Short Term Accommodation). Despite the inclusion of the words "Short Term Accommodation", any approval would for a "Motel" use, if granted, would not prevent the accommodation from being operated along the lines of a more conventional motel, with private serviced rooms rather than dorms and communal facilities. RELEVANT PLANNING INSTRUMENTS Assessment of the proposed development against the relevant planning instruments is summarised as follows:(a)

Far North Queensland Regional Plan 2009-2031

Assessment against the Regional Plan is required because the plan is not reflected in the planning scheme. It is considered that the application conflicts with the provisions of the Regional Plan. The following Desired Regional Outcome Land Use Policies are relevant to the assessment of the application:

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DRO 3.5 Sense of Community, Place & Identity Land Use Policy 3.5.4

Local character and identity is reinforced through planning and development of regional activity centres, rural towns, greenfield developments and infill areas.

Complies

Comments

Ă—

The proposal is inconsistent with local character. With the exception of the "Big Peanut" site, Arbouin, Auld and McPherson Roads are all characterised by single detached housing on rural residential lots of roughly 2 ha. Note that the "Big Peanut" store is also ancillary to the residential use of the land, with the residence addressing, and being accessed via, Auld Road. The residential uses are low density and low intensity in terms of impacts such as noise, traffic and servicing demands. If approved, the proposed development would set an adverse precedent for high density commercial uses to be able to locate in such areas.

DRO 6.1 Infrastructure, Planning & Coordination Land Use Policy Infrastructure is supplied in a coordinated, efficient and orderly way, and encourages urban development in areas where adequate infrastructure exists or can be provided efficiently.

6.1.2

Complies

Comments

Ă—

The proposal is not connected to Council's reticulated water supply or sewerage networks and would be completely reliant on on-site systems when there are suitable sites in the urban centres that can better accommodate the loadings imposed by this form of development. If approved, the proposal would set a precedent for higher density forms of accommodation in areas that lack the appropriate level of servicing, over time placing pressure on Council to expand infrastructure networks in a non-sequential and inefficient manner.

DRO 8.1 Integrated Transport & Land Use Planning Land Use Policy 8.1.11

Opportunities are enhanced for travel by public transport, cycling and walking at and to major destinations including employment and education locations, health, welfare and support services, shopping centres, and recreational and social venues.

Complies

Comments

Ă—

The site is located approximately 2km from the Tolga village centre and nearly 7km from the Atherton CBD. The Applicants have indicated that most guests would not have private transport and so many guests would be reliant on walking or cycling along the Kennedy Highway to access the nearest shopping facilities, health services and social venues. While the Applicants have indicated that they would provide 2 standard vehicles for their guests to use for shopping and getting to and from work, with 18 people residing in the one building, there are bound to be times when vehicles are not available or when guests are not able to drive (e.g. international drivers, intoxicated persons etc). Furthermore, buses do not regularly service the site (max. 3 times per day) and the nearest designated bus stop is located in the Tolga village centre. Any public buses stopping at the site do so on a "hail and ride" basis, which in itself is a dangerous practice on the section of highway in question.

(b)

State Planning Policy

The single State Planning Policy commenced on 2 December 2013 and is not reflected in the planning scheme. This application was lodged after commencement of the SPP and Part E "Interim development assessment requirements" must therefore be considered by Council when deciding the application. Levels of assessment are not altered by those interim development assessment requirements. The application did not include any consideration of the interim SPP requirements. The SPP interactive mapping and Part E - "Interim development assessment requirements", identify the state interests that are applicable to the application. Part E also specifies the requirements that the application must be assessed against. There are no relevant SPP interim development assessment requirements for this application.

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(c)

Thursday 19 June 2014

Atherton Shire Planning Scheme 2002 (amended December 2004)

Relevant Desired Environmental Outcomes DEO 1 – Economic Development

Complies

Comments

×

The proposal is not sympathetic to the character and amenity of the area and would undermine efforts to consolidate commercial uses in the urban centres of Atherton and Tolga.

A strong, diverse and sustainable economy is achieved through: (iv)

a hierarchy of business centres in which the Atherton Business District assumes an enhanced role as the regional centre for the Atherton Tablelands region;

(v)

Atherton functioning as the regional centre for the Atherton Tablelands by providing a wide range of high order commercial, industrial, educational, professional and social facilities and services;

DEO 2 – Settlement Pattern

Complies

Comments

×

The proposal is not sympathetic to the character and amenity of the area and would undermine the consolidation of the Atherton and Tolga urban centres.

Complies

Comments

An orderly, cohesive and legible pattern of development is established that: (ii)

(v) (vi) (vii)

promotes and facilitates growth in urban areas to achieve an efficient use of land and infrastructure whilst maintaining a high standard of amenity; results in development being sympathetic to the physical, landscape and social settings; recognises the function of the town of Atherton as the regional centre of the Atherton Tablelands; reinforces the hierarchy of business centres in the Shire.

DEO 3 – Community Development and Quality of Life Liveable communities with a strong identity recognising the past are achieved. In these communities: (ii)

×

the character and scale of the existing built environment in the towns and villages is protected and enhanced by sympathetic and complementary forms of new development;

Complies

DEO 5 – Infrastructure Infrastructure is delivered and maintained in an efficient, cost effective and equitable manner through: (i) (ii)

(iii)

(iv)

(vi)

the coordination between infrastructure services, land use planning and economic development activities; the timely and efficient delivery of development infrastructure to urban and rural residential areas, so that the community is not subsidising development either directly or indirectly; encouraging consolidation of development in the existing urban areas and villages to make better use of existing physical and social infrastructure; consolidating the highest level of social infrastructure within Atherton as the regional centre for the Atherton Tablelands; encouraging the use of cycling and walking and providing cycleway and footpath networks;

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×

The proposal is not sympathetic to the character and amenity of the area and the site is not conveniently located to enable guests to access the services and facilities offered by the Atherton and Toga urban centres. It is considered that there is a heightened safety risk associated with the subject location as guests without vehicles would have to walk over 2km from the site along the highway to access the Tolga commercial district and over 6km to access the Atherton CBD. The posted speed limit along the Tolga section is up to 100 km/hr in parts and it is also the only route between the site and the Tolga Hotel. The route is regularly used by b-doubles and other heavy vehicles throughout all hours of the day and night and the proposal would result in an increase in the number of intoxicated pedestrians using this already dangerous section of road.

Comments The proposal is not connected to Council's reticulated water or sewerage networks and would be completely reliant on on-site systems when there are suitable sites in the urban centres that can better accommodate the loadings imposed by this form of development. If approved, the proposal would set a precedent for higher density forms of accommodation in areas that lack the appropriate level of servicing over time placing pressure on Council to expand infrastructure networks in a non-sequential and inefficient manner.


TRC Tablelands Regional Council - Agenda

Thursday 19 June 2014

Relevant Development Codes The following Development Codes are considered to be applicable to the assessment of the application: Part C, 2.16 Part C, 4.10.1 Part C, 4.12

General Impact Assessment Criteria General Tourism Code Car Parking and Vehicular Movement Code

The application included a planning report and assessment against the planning scheme. An officer assessment has found that the application conflicts with a number of the code provisions and the General Impact Assessment Criteria as identified below. Relevant Codes General Impact Assessment Criteria

General Tourism Code

Comments The application conflicts with the criteria (a), (b) and (c) of the General Impact Assessment Criteria. Refer to discussion below.

If approved, the application could be conditioned to comply with the applicable acceptable solutions and/or performance criteria of this code as relates to:  Acoustic/privacy screening to adjoining properties;  Landscaping; and  Shade trees for on-site car parking. The proposal is considered to conflict with the purpose of the General Tourism Code, which is stated as (underlining added): "The Purpose of this Code is to ensure that tourism uses are compatible with the desired amenity, character and environment of the localities in which they are situated." The proposal is considered to conflict with the following acceptable solutions and performance criteria and cannot be conditioned to comply:  Element (v) - "Provision of Services", A1.1 and P1. Refer to discussion below.

Car Parking Movement Code

and

Vehicular

If approved, the application could be conditioned to comply with the applicable acceptable solutions and/or performance criteria, with conditions likely to be recommended in relation to:  On-site car park design and construction;  On-site car park availability; and  On-site car parking numbers.

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Part C, 2.16

Thursday 19 June 2014

General Impact Assessment Criteria Assessment Criteria

Complies

Comment

When considering impact assessable development proposals Council will have regard for the following matters (to the extent they are relevant), in addition to any other relevant provision of this Planning Scheme:

The site is not considered to be suitably located given that: (a) The site is not serviced by reticulated water or sewerage and would set a precedent for higher density accommodation uses in an inadequately serviced low density areas;

(a) the nature of the proposal and the suitability of the site, having regard to: 

the size, physical characteristics and location of the site;



the nature of any existing or approved use on the site or on nearby site.

(b) The site is not conveniently located with respect to the Tolga village centre and guests would either be car dependent or would be forced to walk or cycle long distances to access basic facilities placing them at risk by encouraging movements along a busy section of the Kennedy Highway; and

(b) whether the proposed development will: 

meet demonstrable existing or future community needs;



create an impact and incorporate any measures intended to mitigate its impact, having regard to for:

(c) The proposed development is not in keeping with the character of the area. The application does not propose measures to ensure the effective supervision of guests to prevent or minimise impacts on surrounding residents (i.e. noise, security, privacy); and (d) The proposal conflicts with the General Tourism Code (see below).

- cultural heritage values of the site or of nearby land; - the style, scale and layout of proposed structures; - likely generation of traffic, noise, lighting, dust or odour; - the landscape or streetscape; 

be provided with a sufficient standard of physical infrastructure (whether infrastructure is available or planned to be available at the appropriate time);



incorporate adequate provision for pedestrian, cyclist and person with disability movements, comfort and security;



incorporate satisfactory servicing, access, circulation and parking arrangements for private, public transport and emergency vehicles;



be provided with a sufficient standard of community infrastructure (whether infrastructure is available or planned to be available at the appropriate time) to meet the demand

(c) the level of compliance with Development Code relevant to development.

any the

applicable proposed

Part C, 4.10.1 General Tourism Code Purpose: "The Purpose of this Code is to ensure that tourism uses are compatible with the desired amenity, character and environment of the localities in which they are situated." Officer's Comment: The proposal does not comply with the purpose of the code as it is inconsistent with rural residential character and amenity due to impacts including noise and the loss of privacy/security, and also given the high density commercial nature of the development.

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(i)

Provision of Services (other than for Nature/Rural Based Tourist Accommodation)

Objective:

P1

Thursday 19 June 2014

To ensure that adequate services are provided to meet the particular requirements of tourism development.

Performance Criteria All services and road access are provided to ensure the efficient functioning of the tourism facilities and no impact on the amenity and functioning of adjoining land uses.

A1.1

Acceptable Solutions Tourism facilities (in Atherton or the villages):  connect to reticulated water, electricity and sewerage (where available)  provide a sealed road pavement, concrete kerb and channell on roads fronting the site  incorporate adequate measures for the control of the safe disposal of stormwater drainage  provide a paved/concrete footpath (minimum 1.2 metres in width) for the full frontage of the site other than for bed and breakfast accommodation.

Complies

Comment Does not comply with A1.1 or P1. The site is not connected to reticulated water or sewerage and would increase traffic (including private buses) in an otherwise quiet street. Submitters have provided photographic evidence showing that buses accessing the site have degraded the grassed verges in front of neighbouring properties.

Rural Residential Planning Area Intent: "The Rural Residential Planning Area is intended to provide an alternative form of housing to that provided in the town of Atherton and the Villages. Rural Residential living is characterised by dwellings on larger allotments in a semi-rural environment. Rural Residential areas may accommodate land uses that service the community provided that such uses are compatible with Rural Residential living." Officer's Comment: The proposal does not comply with the intent of the Rural Residential Planning Area as it is inconsistent with rural residential character and amenity and there is no overriding community benefit to be gained by approving the development.

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TRC Tablelands Regional Council - Agenda Assessment Criteria Rural Residential Objective 1 To ensure that the amenity of the Rural Residential Planning Area is not prejudiced by inappropriate land uses.

Thursday 19 June 2014

Complies

Comment

Does not comply. The application has not sufficiently demonstrated that the development would not adversely impact upon rural residential amenity as relates to assessment criteria (b) and (c).

Complies

Comment

Assessment Criteria: If the proposal is for a non-residential use, the proposal: a) is compatible with the built form in the area and that typical of rural residential living b) demonstrates that it will not adversely affect the amenity of surrounding dwellings by way of noise, lighting, fumes, dust or odours c) demonstrates that it will not generate levels of traffic that cannot be safely accommodated on the road network in the area d) incorporates appropriate waste management measures or buffers to mitigate any potential adverse environmental effects.

Tolga District Plan Assessment Criteria Tolga District Objective To ensure that the Tolga District retains its distinct “rural village” character in which:

Does not comply.

(ii) commercial development in the village is focussed on the commercial centre around Main Street and retains and enhances the character of this centre.

(e)

Planning Scheme Policies/Infrastructure Charges Plan

The following planning scheme policies are relevant to the application: No. 1 – Road Construction Standards and Operational Works Development Standards The application is recommended for refusal and so potential conditions related to this policy have not been formulated, however should Council choose to approve the application against the officer's recommendation, conditions may be recommended. No. 2 – Roadworks External to a Site – Contributions The application is recommended for refusal and therefore roadworks external charges have not been calculated as yet. Should Council choose to approve the application against the officer's recommendation, the need for roadworks external contributions may be given closer consideration. Atherton Shire Infrastructure Charges Plan (Water Supply & Sewerage) as amended 19 September 2006 The application is recommended for refusal, however should Council choose to approve the application against the officer's recommendation, servicing requirements would need to be given Page 79


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closer consideration. In particular, it may be necessary to condition the extension of Council's reticulated water supply to the site at the Applicants' expense. Should this be the case, water supply infrastructure charges would be warranted with a calculation provided as part of a supplementary report to Council. REFERRALS Concurrence The application triggered referral to Department of State Development and Infrastructure Planning (DSDIP) as a Concurrence Agency for development abutting a State controlled road (Kennedy Highway). That Department originally provided a concurrence response with conditions on 18 March 2013, however the Applicants were successful in obtaining an amended response on 29 April 2014 (Attachment 2). The conditions relate to the permitted road access locations and require upgrading of the existing Kennedy Highway access.

Internal Consultation  Building Certifier  Plumbing Inspector  Civil Engineer PUBLIC NOTIFICATION The development proposal was placed on public notification from 22 April 2014 to 16 May 2014. The applicant submitted the notice of compliance on 19 May 2014 advising that the public notification requirements were carried out in accordance with the requirements of the Act. A total of 20 submissions were received during the public notification period, 16 of which were either properly made or have been deemed properly made. Some submissions were lodged via email and were not signed by the submitter. Any submissions lodged before the closing date for submissions and containing a return postal address (non-email) were deemed to be properly made in accordance with section 305(3) of the Sustainable Planning Act 2009. All submissions are provided as Attachment 3. The grounds for objection/support are summarised and commented on below:

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Grounds for objection /support

Thursday 19 June 2014

Comment

Objection: The proposal would have noise impacts upon the surrounding residential properties due to a lack of supervision of guests.

The impacts on residential amenity are discussed throughout this report. When conducting the assessment Council's Planning officer contacted the Atherton Police to enquire whether they had been called out to the premises to investigate noise complaints. It was confirmed that the Police had been called out on at least 2 occasions this year, prior to Council's Planning officer issuing an Enforcement Notice to cease the use on 10 March 2014.

Objection: The use has diminished the security of the neighbourhood as there are now strangers wandering the streets, often intoxicated, on their way home from a night out. Sometimes guests will take a "short cut" through neighbouring properties to access the backpackers and there are reports of property being stolen or tampered with.

Security and privacy are also aspects of amenity and in this case it would be hard to condition measures to overcome some of the problems raised as they are relate to the appropriateness of the location. When conducting the assessment, Council's Planning officer contacted the Atherton Police to enquire whether they had been called out to the premises to investigate any complaints. It was confirmed that there has been at least 1 recorded allegation of theft and trespassing associated with the backpackers.

Objection: The location poses a safety risk to guests and motorists as guests without vehicles would be forced to walk or ride along the Kennedy Highway, which can be a particularly dangerous practice for intoxicated persons returning home from a night out. The site's existing vehicles access on the Kennedy Highway is not designed or located to allow safe ingress/egress from site.

Council's Planning officer agrees that the use would pose a safety risk to guests and motorists. DSDIP have issued conditions of approval permitting the site to be accessed from the Kennedy Highway, however if approved, it would be recommended that all guests with vehicles access the site via Arbouin Road.

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Grounds for objection /support

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Comment

Objection: Council should not approve any more backpacker accommodation in Tolga as there are already a number of lodgings available to them.

It is noted that there is alternative accommodation in Tolga, although it is generally recognised that there is an under supply of budget accommodation for rural workers in the region. This does not however diminish the fact that backpackers must be appropriately located. Refer to the "Planning Discussion" section of this report for further details.

Objection: The proposed backpacker accommodation is inconsistent with the Rural Residential zoning of the area, being a high density commercial use. If approved, the use would set a precedent for higher density uses to be able to locate in low density areas.

Noted and accepted.

Objection: Auld Road is not constructed to an appropriate standard to accommodate the increase in traffic as it is too narrow for vehicles to pass each other without moving onto the grassed verge. Also, the intersection of Auld Road and the Kennedy Highway can be dangerous.

Auld Road is classed as a "Rural Access - Primary" under Council's Road Hierarchy. It is not considered that the proposed use would result in an increase in traffic above the design threshold. The intersection of Auld Road and the Kennedy Highway is also up to an acceptable standard as evidenced by the DSDIP conditions provided as Attachment 2, which do not require intersection upgrades.

Objection: The proposed development would adversely impact upon property values in the area.

While it may be the case that property values are diminished by the proposed development, property values do not form valid planning grounds for refusal. Where possible, conditions of approval should be recommended to mitigate adverse impacts on the amenity of surrounding properties hence minimising any loss of property values related to land use factors.

Objection: This form of "rural worker's accommodation" is better located on the farms where the guests work, so that the landowners can control their behaviour.

The application describes the proposed use as "off-farm" rural worker's accommodation; however there is distinct difference between a backpacker's hostel in a residential area and "on-farm" worker's accommodation in terms of the potential impacts on residential amenity.

Objection: The use is proposed to be serviced by bore water supplies as are surrounding properties. Having 18 people utilising this supply would place additional pressure on it.

Following discussions with officers from DNRM regarding the water licence for the site, Council's Planning officer is satisfied that the current allocation would be sufficient to service the use. While it is not accepted that this development would alone put groundwater supplies at risk, if approved, the development would set a precedent for higher density uses in an area that is insufficiently serviced. The cumulative impact of permitting higher densities throughout the area has the potential to adversely impact upon the quality and quantity of groundwater supplies, particularly as the area is also reliant on onsite effluent disposal.

Objection: The use is proposed to be serviced by on-site effluent disposal as are surrounding properties, and there is the potential for contamination of groundwater supplies, which all residents in the area rely upon.

Council's Plumbing Inspector has reviewed the on-site effluent report provided in support of the application and has indicated that the risk of groundwater contamination associated with the proposed development alone would be minimal. If approved however, a precedent would be set for higher density development and consequently there may be a cumulative impact on the quality of ground water supplies from the addition of multiple systems.

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Grounds for objection /support

Thursday 19 June 2014

Comment

Objection: Buses accessing the site to transport guests to and from farms are disruptive to residents and are damaging the grassed road verge in front of neighbouring properties, making it boggy and unpresentable.

There are photos attached to one of the submissions (see Attachment 3) illustrating the impact that the buses have had on the road verge.

Objection: The proposed use would be better located closer to town, within walking distance of shops, medical facilities, hotels etc.

Noted and accepted.

Objection: The proposed development would hurt local businesses that have gone to considerable expense to comply with relevant building, fire and disabled access regulations for budget accommodation.

It is accepted that the proposed development would be in competition with other existing accommodation facilities in the area, however there is a recognised under supply of budget accommodation for farm workers in the region. If approved, the Applicants would be required to lodge a subsequent building application to ensure compliance with the relevant regulations.

Objection: There is no guarantee that the proposed use would not adversely impact the area in terms of traffic.

It is accepted that the level of traffic generated by the use would be greater than that associated with a standard residence and may be such that it causes disturbance to neighbouring residents, particularly if buses are accessing the site early in the morning and late at night.

Objection: The use would be better located towards the Kennedy Highway frontage of the lot, in an area which is already impacted by traffic noise. Access should not be permitted via Auld and Arbouin Roads and channelised turning lanes should be installed on the Kennedy Highway for safety.

Noted, although the suggested changes to the proposal would most likely require the application to revert to the beginning of the assessment process, that is, if the Applicant were open to changing the proposal.

Objection: If approved, Council would have no reason to refuse a further application to expand the use.

The application is recommended for refusal, however if approved, it is a valid point that Council may look more favourably upon a future application for expansion. It is also possible that Council officers may not support further expansion, particularly if it's clear at the time that the use is adversely impacting on residential amenity.

Support: The accommodation is clean and well appointed, with all the necessary amenities.

Noted. This aspect of the proposal is not subject to dispute.

Support: The location of the backpackers is ideal for access to farms and surrounding tourist attractions.

Noted but not accepted. Similar accommodations in the urban areas of Tolga and Atherton have the same level of access to farms in the region.

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Grounds for objection /support

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Comment

Support: The operators are very supportive of their guests, finding them a steady supply of farm work.

Noted. This aspect of the proposal is not subject to dispute.

Support: The site is conveniently located, being only a "short walk" to shops and other facilities in the Tolga village centre. The owners provide cars for the guests to use for shopping etc.

Noted but not accepted. When planning bus stop locations within new residential estates, concurrence agencies have in the past applied a radial distance of 400m from residential properties as being "walking distance". The subject site is located >2km from the Tolga village centre, which is not considered walking distance. The fact that the Applicants need to provide vehicles to their guests so that they can access shopping facilities, only highlights the inappropriate nature of the location.

Submitters

1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20.

Name of principal submitter J. & B. Micallef J.H. Barrett H. West H. Russell K. Smith D. & A. Berryman I. Spletter D. & L. Richardson P. Wagner S. Carver R. Mackenzie G. Edney J. Masterton E. Thomson E. Madinina A. Fontanaud L. Frajman S. Rehburg R.J. Higgins R. Carver

Address P.O. Box 813, Tolga 4882 12 McPherson Rd, Tolga P.O. Box 232, Tolga P.O. Box 199, Tolga P.O. Box 631, Tolga P.O. Box 51, Tolga P.O. Box 257, Tolga 11 McPherson Rd, Tolga 52-54 Irvine Street, Kairi P.O. Box 298, Tolga P.O. Box 1092, Tolga No address provided 14 Ocean Street North, Bondi Beach, Sydney, NSW 25 Kenworthy Lane, Manchester, United Kingdom No address provided No address provided 299 Victoria Street, West Melbourne, Victoria No address provided 32 Janda Street, Atherton P.O. Box 298, Tolga

Properly Made

                   

PLANNING DISCUSSION Budget Accommodation for Rural Workers In recent years there has been an influx of backpackers seeking farm work on the Tablelands. This practice benefits not only the international backpackers, who are able to extend their working holiday in Australia by obtaining a working visa, but also farm operators, who are able to utilise backpackers as a source of cheap and flexible labour. There are also benefits to the local economy as backpackers can often stay in the region for up to 3 months, during which time their spending patterns are very much localised. In fact, their expenditure per person is more than twice that of other market sectors (e.g. grey nomads, weekenders, day trippers). The backpacker market is also less susceptible to seasonal variations than other market sectors due to the average length of stay.

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There is a recognised need for additional forms of budget accommodation in the region, particularly in and around the urban centres. Council officers are also supportive of farm operators providing "on-farm" accommodation for their workforce where the economic viability of the holding can be demonstrated. The lack of such facilities has resulted in many backpackers being forced into overcrowded, often substandard accommodation (e.g. rental houses, farm sheds, workers dongas, tents). This a major concern for Council's Building and Planning officers, and also officers from Queensland Fire and Rescue given that many of these make-shift accommodations do not comply with the fire safety provisions of Building Code of Australia and may be insufficiently serviced in terms of road access, water supply and effluent disposal. The importance of such measures was emphasised by the Childers tragedy in 2000, where 15 backpackers lost their lives after a deliberately lit fire destroyed the hostel they were staying in. Council has a legislative responsibility to ensure that budget accommodation meets the relevant safety standards. If Council is found to have acted improperly in this regard, the legal implications may be very serious. Although in principle Council officers are supportive of new proposals for budget accommodation, site selection and building design are critical considerations in the pre-planning phase of such projects. As exemplified by the subject application, many new accommodation facilities in the region are being developed on an opportunistic basis without the necessary approvals, potentially placing lives at risk and in some cases, impacting on surrounding residents' quality of life. Unapproved accommodation facilities also adversely impact upon the local economy by disadvantaging businesses that have gone to the expense of obtaining the necessary approvals and exploiting workers, leaving backpackers with a bad impression of the Tablelands. To ensure that budget accommodation is appropriately located and designed, Council's Planning and Building officers are more than willing to assist proponents. By conducting some basic enquiries beforehand, Applicants may avoid a situation like the one the current Applicants now find themselves in, where they have outlaid considerable monies on the venture only to be facing a recommendation for refusal. CONCLUSION While in principle the development budget accommodation for rural workers and tourists is to be encouraged as means of supporting the economic base of the Tablelands, such development should not be allowed to proceed to the detriment local character and residential amenity. As discussed throughout this report, the proposed development is inconsistent with local character and would set a negative precedent for the encroachment of higher density commercial uses into low density residential areas. On these grounds it has been determined that the proposal conflicts with the relevant planning instruments, namely the FNQ Regional Plan 2009-2031 and the Atherton Shire Planning Scheme (2002). The decision rules contained within section 326 of the Sustainable Planning Act 2009 state that "The assessment manager’s decision must not conflict with a relevant instrument unless there are sufficient grounds to justify the decision, despite the conflict". In this instance, it is considered that there are not sufficient grounds to justify approval despite the conflicts and consequently the application is recommended for refusal. Date Prepared:

26 May 2014

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ATTACHMENT 1 PROPOSAL PLANS (ECM VS# 3548208)

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ATTACHMENT 2 DSDIP CONCURRENCE RESPONSE (ECM VS# 3553018)

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ATTACHMENT 3 SUBMITTER'S LETTERS

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M AND T MCMULLEN - MATERIAL CHANGE OF USE MECHANICAL REPAIR WORKSHOP (INCLUDING PANEL BEATING AND SPRAY PAINTING) - LOT 1 ON RP800584 SITUATED AT 918 KABAN ROAD, KABAN - DA/14/0016

DOCUMENT INFORMATION

MEETING:

Ordinary

MEETING DATE: REPORT AUTHOR/ OFFICER’S TITLE:

19 June 2014 Debbie Whitaker, Technical Officer Planning and Peter Pattison, Senior Planner

DEPARTMENT:

Community & Regional Planning APPLICATION DETAILS

APPLICANT

APPLICATION M & T McMullen

ADDRESS

PREMISES 918 Kaban Road, Kaban Lot 1 on RP800584

DATE LODGED TYPE OF APPROVAL PROPOSED DEVELOPMENT

6 February 2014 Development Permit

FILE NO LODGED BY PLANNING SCHEME PLANNING AREA LEVEL OF ASSESSMENT SUBMISSIONS

DA/14/0016(H) 2.676 Ha AREA Twine Surveys Pty Ltd M & T McMullen OWNER Herberton Shire Planning Scheme 2005 (amended 2008)

ATTACHMENTS:

RPD

Material Change of Use – Mechanical Repair Workshop (including Panel Beating & Spray Painting)

Rural Planning Area/Rural Locality Impact Assessable 9

1. 2. 3.

Proposal Plan/s Department of State Development Infrastructure concurrence agency response dated 12 March 2014 Submitter letters

&

Planning

EXECUTIVE SUMMARY Council is in receipt of a development application described in the above application details. The application is impact assessable and 9 properly made submissions (of support) were received in response to public notification of the application. 128 letters of support also formed part of the initial application.

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It has been assessed against the relevant statutory planning instruments, including the Regional Plan and the Planning Scheme and is in conflict with some provisions of the relevant planning instrument, however, it is considered that there are sufficient grounds to approve the proposed development despite those conflicts. The key planning issues of the proposed development are the establishment of an industrial use within a rural zoning, limiting the scale and intensity of any approval, and the potential noise impacts on existing adjoining residence. The affected adjoining landowner has provided a letter of support for the proposed use. Draft conditions were provided to the Applicant/ care of their consultant and have been agreed. It is recommended that the application be approved subject to conditions.

OFFICER'S RECOMMENDATION 1.

It is recommended that, in relation to the following development application:

APPLICANT

APPLICATION M & T McMullen

DATE LODGED TYPE OF APPROVAL PROPOSED DEVELOPMENT

ADDRESS

6 February 2014 Development Permit

RPD

PREMISES 918 Kaban Road, Kaban Lot 1 on RP800584

Material Change of Use – Mechanical Repair Workshop (including Panel Beating & Spray Painting)

and in accordance with the Sustainable Planning Act 2009, as amended, the applicant be notified that the application for a development permit for the development specified in (A) is: Approved by Council in accordance with the approved plans/documents listed in (B), subject to assessment manager conditions in (C), assessment manager’s advice in (D), concurrence agency conditions in (E), relevant period in (F), further permits in (G), and further approvals from Council listed in (H); (A)

APPROVED DEVELOPMENT: Development Permit for a Material Change of Use – Mechanical Repair Workshop (including Panel Beating & Spray Painting)

And The assessment manager considers that the decision conflicts with some aspects of the relevant instruments. It is however considered that there are sufficient grounds to approve the proposed development despite the conflicts as identified below.

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Details of the conflict with the relevant instrument

Reason for the decision, including a statement about the sufficient grounds to justify the decision despite the conflict

FNQ Regional Plan DRO 4.1.1

The proposed use is of limited scale, intensity and area in the context of the Regional Plan requirements. The applicant has not been able to locate the development on industrial land within the urban footprint because of limited availability of suitable industrial land in the Ravenshoe area.

FNQ Regional Plan DRO 4.1.2

The proposed development is so small that the sequencing and infrastructure requirements are not materially compromised. The applicant has not been able to comply with the development sequencing requirements because of limited availability of suitable industrial land in the Ravenshoe area.

Herberton Shire Planning Scheme 2005 (amended 2008) DEO 1

The identified conflicts are not sufficient grounds to refuse the application, and there are sufficient grounds to approve the proposed development despite those conflicts. Those grounds are the limited scale and intensity of the proposed use, and the mitigating circumstances of limited availability of suitable industrial land within the urban footprint in the Ravenshoe area.

(B)

APPROVED PLANS:

Plan/Document Title

Prepared by

Dated

Site Plan

Applicant

Submitted with application

Amended Building layout plan – Stage 1 #1 Building layout plan – Stage 1 #1 Building concept plan/s – 1/3

Applicant Applicant

Submitted as Response to Information Request – 22.04.2014 Submitted with application

Applicant

Submitted with application

Building concept plan/s – 2/3

Applicant

Submitted with application

Building concept plan/s – 3/3

Applicant

Submitted with application

Operational 1/3

Applicant

Operational 2/3

Applicant

Operational 3/3

Applicant

Submitted with Response Information Request – 22.04.2014 Submitted with Response Information Request – 22.04.2014 Submitted with Response Information Request – 22.04.2014

to to to

(C)

ASSESSMENT MANAGER’S CONDITIONS (COUNCIL)

1.

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2.

3.

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found necessary by Council’s delegated officer at the time of examination of the engineering plans or during construction of the development because of particular engineering requirements; and to ensure compliance with the following conditions of approval.

Timing of Effect 2.1

The conditions of the development permit must be complied with to the satisfaction of Council’s delegated officer prior to the commencement of the use except where specified otherwise in these conditions of approval.

2.2

Prior to the commencement of use, the applicant must notify Council that all the conditions of the development permit have been complied with, except where specified otherwise in these conditions of approval.

2.3

Prior to the commencement of use, the applicant must provide a letter from the Department of Transport and Main Roads confirming that the department is satisfied their conditions are complied with and/or that the department has no objections to the commencement of the use.

General 3.1

All payments or bonds required to be made to the Council pursuant to any condition of this approval must be made prior to commencement of the use and at the rate applicable at the time of payment.

3.2

All works must be designed, constructed and carried out in accordance with FNQROC Development Manual requirements (as amended) and to the satisfaction of Council’s delegated officer.

3.3

Waste Management An on site refuse storage area must be provided and be screened from view from adjoining properties and road reserve by 1.2m solid fence or located inside the workshop and only placed in a suitable outside location for refuse collection only.

3.4

Hours of Operation The operating hours shall be between 7.00am and 6.00pm Monday to Saturday. No operations are permitted on Sunday or Public Holidays.

3.5

Number of Employees Not more than three non-resident employees will be employed by the approved use.

3.6

Use Limitations Stage 1 3.6.1 A maximum of five vehicles can be parked or stored on site in connection with the approved use, at any one time.

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Stage 2 3.6.2 A further 2 vehicles for Stage 2 can be parked or stored on site in connection with the approved use, at any one time. 3.6.3 There will be no permanent parking of vehicles, or storage of vehicle parts, bodies or other material, outside of the approved buildings. 3.6.4 The approved uses will be limited to the area defined by the existing shed and the associated driveways and carparks. 3.6.5 The approved uses will be setback a minimum of 20 m from the southern boundary of the site. 3.7

Signage 3.7.1 Signage will be limited to one non-illuminated sign attached to the perimeter fence where the signface area does not exceed 2.5 sq m. 3.7.2 The content of the sign must relate to the approved use and must not include advertising for other products or matters.

3.8

Staging The development is approved in two stages in accordance with the approved plans.

3.9

Building Boundary Setbacks, Heights and Colours The approved workshop building will be:

4.

3.9.1

Constructed in a neutral colour;

3.9.2

Set back at least 6 metres from the Kaban Road frontage; and

3.9.2

Not exceed 10 m in height.

Infrastructure Services and Standards 4.1

Access A 6 m wide Industrial access crossover must be constructed (from the edge of the road pavement to the property boundary of the subject lot) in accordance with the FNQROC Development Manual, to the satisfaction of Council’s delegated officer. The developer must ensure that any redundant vehicle crossovers are removed. The applicant/developer is to make an application for driveway access onto a Council road. The application is to be accompanied by the relevant fee and will be required to certify or be assessed for compliance by Council's delegated officer.

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Stormwater Drainage The applicant/developer must take all necessary steps to ensure a non-worsening effect on surrounding land as a consequence of the development and must take all reasonable and practicable measures to ensure discharge occurs in compliance with the Queensland Urban Drainage Manual (QUDM) and the FNQROC Development Manual. All stormwater drainage must be discharged to an approved legal point of discharge, being the Tumoulin Road table drain.

4.3

Car Parking/Internal Driveways The developer must ensure that the development is provided with five (5) on-site car parking spaces for Stage 1 and an additional two (2) car spaces for Stage 2 of the development which are available solely for the parking of vehicles associated with the use of the premises. All car parking spaces located within a building, and the associated accesses, must be bitumen or concrete sealed. Any external car parking spaces, must, as a minimum standard, be gravel sealed to a compacted hard stand standard, line-marked and appropriately drained to the satisfaction of Council's delegated officer. The carparking must comply with Australian Standard AS2890:1 Off Street Parking – Car Parking Facilities. A sign must be erected in proximity to the access driveway indicating the availability of on-site car parking.

4.4

Vegetation Buffer A 3 metre wide vegetation buffer with a minimum linear length of 75 m is to be planted along the southern common boundary between the subject site and Lot 2 RP800584 to the satisfaction of Council's delegated officer. The required buffer vegetation must have a minimum height at maturity of 4 metres. The buffer will be maintained at all times. Any suitable existing trees can be included in this buffer. The buffer will be for the purposes of visual and noise screening.

4.5

Landscaping and Fencing 4.5.1

A 3m wide landscaped buffer will be provided along the Kaban Road frontage of the site in accordance with the approved plans.

4.5.2

A single line of trees/shrubs will be planted along the southeast boundary of the approved area to visually screen the site from Tumoulin Road: OR

4.5.3

A 1.8 m high solid fence will be erected along the southeast boundary of the approved area to visually screen the site from Tumoulin Road. Prior to the issue of the Development Permit for Building Works, a landscape plan (depicting species and areas to be planted) must be prepared for the site and submitted to Council’s delegated officer for consideration and approval.

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4.5.4

The landscaping of the site must be carried out generally in accordance with the approved plan, and mulched and maintained to the satisfaction of Council’s delegated officer.

4.5.5

Any Kaban Road fencing will be a minimum of 70% transparent.

Non-Reticulated Water Supply The applicant/developer must provide 90,000 litre rainwater tank storage for the site (for both the approved use and any future dwelling use) in accordance with Planning Scheme Policy 4 unless the applicant can demonstrate to the satisfaction of Council's delegated officer that an existing/alternative supply is adequate, and, a minimum of 5,000 litres of tank storage is provided for fire fighting purposes.

4.7

On-Site Wastewater Management At the time of building construction an on-site effluent disposal system must be constructed in compliance with the latest version On-Site Domestic Wastewater Management Standard (ASNZ1547) to the satisfaction of the Council’s delegated officer.

4.8

Electricity provision/supply The applicant/developer must ensure that an appropriate level of overhead electricity supply is provided to the development in accordance with FNQROC Development Manual standards (as amended) to the satisfaction of Council’s delegated officer. Written advice from an Electricity Service Provider is to be provided to Council indicating that an agreement has been made for the provision of overhead power reticulation.

4.9

Telecommunications The applicant/developer must enter into an agreement with a telecommunication carrier to provide telecommunication services to each allotment and arrange provision of necessary conduits and enveloping pipes.

5.

Operational Requirements 5.1

No release of contaminants, including but not limited to odour, dust, smoke, fumes, particulates and aerosols are to be emitted beyond the property boundaries of the approved place.

5.2

Abrasive blasting, grinding, sanding and drilling shall not be conducted outside of the workshop building or in such a manner that may cause an environmental nuisance.

5.3

Volatile substances such as kerosene, lubricants, degreasers, thinners and solvents must be stored in containers within the confines of the workshop that has a lid to prevent or minimise the release of volatile organic compounds (VOC's).

5.4

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5.5

The activity must be carried out by such practical means which may be necessary to prevent the release of contaminants to stormwater or nearby waterways.

5.6

Contaminants must not be directly or indirectly released from the approved place to any waters or the bed and banks of any waters.

5.7

Wastewater and other liquid waste shall be treated by a separator and an inline sand filter prior to being discharged. The contaminants collected by the separator must be removed using the services of an approved trade waste contractor.

5.8

Any wash down activities must be carried out in the approved wash down bay. This bay must be graded and attached to an approved oil/water separator. The waste liquid must be treated by a separator and discharged in accordance with the conditions in this document. The activity must be carried out by such practical means which may be necessary to prevent or minimise the contact of incident rainfall and stormwater runoff with wastes, contaminants or material to any stormwater drainage system, roadside gutter or water.

5.9

The activity must be carried out by such practical means which may be necessary to prevent or minimise the contact of incident rainfall and stormwater runoff with wastes, contaminants or material to any stormwater drainage system, roadside gutter or water.

5.10 Any stormwater leaving the approved place shall contain no visible floating oil, grease, scum, litter or other matter. 5.11 Any spillage of wastes, contaminants or other materials must be cleaned up as quickly as practical. 5.12 All work must be carried out undercover, and within the confines of the shed so as to prevent the contamination of stormwater. 5.13 The shed must be graded/designed so that stormwater is diverted into designated stormwater drains. No stormwater is to enter the shed area. 5.14 All practical measures must be taken to minimise the noise emissions from the property whilst conducting the activity. This includes: Housing air compressors in an enclosed area or within the workshop Using equipment that complies with Australian Standards; and Using equipment in accordance with manufacturing specifications. 5.15 The emission of noise from the approved place must not result in offensive noise levels being emitted beyond the boundaries of the approved place, as determined by an authorised person. 5.16 The hours of operation for the approved use will be between 7.00am and 6.00pm Monday to Saturday. No operations are permitted on Sunday or Public Holidays. No audible noise is to be carried out outside of these times.

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5.17 All noise from activities must not exceed the levels specified in the Table below. Noise limits Noise level Monday to Saturday dB(A) 7am - 5pm 5pm - 10pm 10pm - 7am measured Noise measured at a 'Noise sensitive as place' Bkg + 5 Bkg + 0 LA10, adj, 10 mins Bkg + 5 LA1, adj, 10 mins

Bkg + 10

Bkg + 10

Bkg + 5

Noise measured at a 'Commercial place' LA10, adj, 10 mins Bkg + 10

Bkg + 10

Bkg + 5

Bkg + 15

Bkg + 15

Bkg + 10

LA1, adj, 10 mins

5.18 Waste must not be released to the environment or disposed of contrary to the conditions of this development approval. 5.19 Waste oils and oil filters are to be stored undercover and in a bunded area on an impervious surface. 5.20 Waste oils and oil filters must be disposed of by a Regulated Waste Transporter. 5.21 Waste tyres must be stored within the workshop prior to being disposed of by using the services of a Regulated Waste Transporter. 5.22 Waste Batteries are to be stored within the workshop on an acid resistant tray prior to being disposed of. 5.23 Radiator coolants are to be disposed of by a Regulated Waste Transporter. 5.24 Waste 205 litre oil metal drums are to be re-used on site, returned to the provider or recycled. 5.25 Metal drums that previously contained a hydrocarbon product must not be given away. 5.26 Written records of waste management and disposal must be kept on site for a minimum of 12 months. These records must be made available to an authorised Officer upon request. (D)

ASSESSMENT MANAGER’S ADVICE (a)

Compliance with applicable codes/policies The development must be carried out to ensure compliance with the provisions of Council’s Local Laws, Planning Scheme Policies, Planning Scheme and Planning Scheme Codes to the extent they have not been varied by a condition of this approval.

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Compliance with Acts and Regulations The erection and use of the building must comply with the Building Act and all other relevant Acts, Regulations and Laws, and these approval conditions.

(c)

Environmental Protection and Biodiversity Conservation Act 1999 The applicant is advised that referral may be required under the Environmental Protection and Biodiversity Conservation Act 1999 if the proposed activities are likely to have a significant impact on a matter of national environmental significance. Further information on these matters can be obtained from www.deh.gov.au.

(d)

Cultural Heritage In carrying out the activity the applicant must take all reasonable and practicable measures to ensure that no harm is done to Aboriginal cultural heritage (the “cultural heritage duty of care”). The applicant will comply with the cultural heritage duty of care if the applicant acts in accordance with gazetted cultural heritage duty of care guidelines. An assessment of the proposed activity against the duty of care guidelines will determine whether or to what extent Aboriginal cultural heritage may be harmed by the activity. Further information on cultural heritage, together with a copy of the duty of care guidelines and cultural heritage search forms, may be obtained from www.derm.qld.gov.au.

(E)

CONCURRENCE AGENCY CONDITIONS Department of State Development Infrastructure & Planning conditions dated 12 March 2014.

(F)

RELEVANT PERIOD When approval lapses if development not started (s.341) 

(G)

Material Change of Use – four (4) years (starting the day the approval takes effect);

OTHER NECESSARY DEVELOPMENT PERMITS AND/OR COMPLIANCE PERMITS  Development Permit for Building Work

(H)

OTHER APPROVALS REQUIRED FROM COUNCIL  Compliance Permit for Plumbing and Drainage Work  Access approval arising from condition number 4.1 (Please contact the Community & Regional Planning Department to obtain an application form and applicable fee

THE SITE This relatively flat, cleared, triangular site is about 12.5 km from Ravenshoe by road and does not contain and natural water courses or drainage lines. It has an area of 2.676 ha and is located at the intersection of Kaban Road and Tumoulin Road. There is some established landscaping on the site and it contains an existing shed and water tank. It has a 274m frontage to Tumoulin Road and a 288m frontage to Kaban Road, which is constructed to a 6.5m wide bitumen standard.

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There is only one directly adjoining land parcel sharing a common boundary with the subject land, and it contains an existing dwelling on that allotment about 130 m away from the proposed use. The next closest dwellings are about 450 and 550 m away respectively. Surrounding parcels are largely 10-60 ha in area, and utilised as agricultural cropping land.

Map Disclaimer: Based on or contains data provided by the State of Queensland (Department of Environment and Resource Management) (2009). In consideration of the State permitting use of this data you acknowledge and agree that the State gives no warranty in relation to the data (including accuracy, reliability, completeness, currency or suitability) and accepts no liability (including without limitation, liability in negligence) for any loss, damage or costs (including consequential damage) relating to any use of the data. Data must not be used for direct marketing or be used in breach of the privacy laws.

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BACKGROUND AND CONTEXT A Show Cause Notice was issued to the applicant in December 2013 in relation to a similar use being conducted without the required development permit at the their principal place of residence at 412 Millstream Parade. During discussions about the Show Cause Notice, planning officers indicated that they would not support formalisation of the use at the Millstream site. On that basis, the applicant chose to respond to the Show Cause Notice process by lodging the subject application.

DESCRIPTION OF PROPOSED DEVELOPMENT The development application seeks a Development Permit for a Material Change of Use – Mechanical Repair Workshop (including Panel Beating and Spray Painting) in accordance with the plans shown in Attachment 1. The application is for a staged use with stage 1 being the construction of a single storey workshop (18m x 15m) to undertake a spray painting and panel beating use. The workshop will include a:  spray booth (7m x 4m)  dedicated washbay location  staff amenities (bathroom / lunchroom)  office  4 x car park spaces (under awning)  General workshop area Stage 2 of the development will be an addition to the workshop (12m x 15m) for the future storage of vehicles. Ultimately, the applicant also intends to construct a dwelling on the site, indicated by the attached conceptual drawings. The applicant proposes 4 external and 2 internal car spaces for Stage 1 (270m2 GFA) of the proposal. This is greater than the parking code requirement of 5 spaces (2 spaces + 1 space per 100m2 GFA). Stage 2 (180m2) has sufficient space to provide a further 2 internal car spaces at the appropriate time. Whilst the applicant suggested that the existing Kaban Road landscaping is sufficient, a landscaping condition has been included for additional buffering between the southern adjoining landowner. An additional vegetation buffer has also been conditioned along part of the southeast boundary of the approved area to visually screen the site from Tumoulin Road. The applicant has agreed to that requirement.

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REGIONAL PLAN DESIGNATION The subject site is included within the Regional Landscape and Rural Production Area land use category in the Far North Queensland Regional Plan 2009-2031. The site is not identified on the Regional Plan Map 3- ‘Areas of Ecological Significance’.

PLANNING SCHEME DESIGNATIONS Strategic Framework:

Rural

Planning Areas:

Rural Planning Area / Rural Locality

Other Relevant Mapping:

Bushfire Risk: Low

Planning Scheme Definitions The proposed use is defined as:- Mechanical Repair Workshop “the use of a premises for the repair and servicing of motor vehicles, boats, caravans and agricultural or other machinery. The term includes panel beating and spray painting.” RELEVANT PLANNING INSTRUMENTS Assessment of the proposed development against the relevant planning instruments is summarised as follows:(a)

Far North Queensland Regional Plan 2009-2031

Assessment against the Regional Plan is required because the plan is not reflected in the planning scheme.

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The following Desired Regional Outcome Land Use Policies are relevant to the assessment of the application:

Land Use Policy 2.4.1

DRO 2.4 Primary Production & Fisheries Complies Comments

Good quality agricultural land is protected from urban development outside the urban footprint.

Urban development includes industrial uses such as the proposed use. The site is considered to be good quality agricultural land. It is considered the proposed use is of limited scale and area and will only remove about 0.2 ha from potential agricultural use. This is supported by the state government SCL trigger thresholds.

DRO 4.1 Compact Urban Form Land Use Policy 4.1.1

Complies

Urban development is contained within the urban footprint

×

Comments Urban development includes industrial uses such as the proposed use. The land is not within the urban footprint. The applicant has not been able to locate the development on industrial land within the urban footprint because of limited availability of suitable industrial land in the Ravenshoe area.

4.1.2

Urban development is sequenced to ensure logical and orderly land use and infrastructure delivery.

×

The applicant has not been able to comply with the development sequencing requirements because of limited availability of suitable industrial land in the Ravenshoe area. The proposed development is so small that the sequencing and infrastructure requirements are not materially compromised.

DRO 5.2 Industry and Business Development Land Use Policy 5.2.5

New Business and industry initiatives, including home-based business, that build on local strengths and opportunities are facilitated and supported in rural towns and villages.

Complies

Comments Complies

This assessment has identified conflicts with the Regional Plan that largely result from location of an industrial land use outside the urban footprint. It is considered that: - these conflicts are not sufficient grounds to refuse the application, and - there are sufficient grounds to approve the proposed development despite those conflicts. Those grounds are the limited scale and intensity of the proposed use, and the mitigating circumstances of limited availability of suitable industrial land within the urban footprint in the Ravenshoe area. The application is also assessed as being capable of being conditioned to address any adverse impacts on surrounding land. (b)

State Planning Policy The single State Planning Policy commenced on 2 December 2013 and is not reflected in the planning scheme. This application was lodged after commencement of the SPP, and the Part E - interim development assessment requirements must therefore be considered by Council when deciding the application. Levels of assessment are not altered by those interim development assessment requirements. Page 140


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The application did not include any consideration of the requirements of the SPP. The SPP interactive mapping, and the Part E - interim development assessment requirements, identify the state interests that are applicable to the application. Part E also specifies the requirements that the application must be assessed against (see table below): State Interest

Assessment Criteria

State interest: Water Quality

For a development application mentioned under the heading ‘Receiving waters’

Receiving waters—a development application for any of the following: (1) a material change of use for urban purposes that involves a land area greater than 2500 square metres that: (a) will result in an impervious area greater than 25 per cent of the net developable area, or (b) will result in six or more dwellings, or (2) reconfiguring a lot for urban purposes that involves a land area greater than 2500 square metres and will result in six or more lots, or (3) operational works for urban purposes that involve disturbing more than 2500 square metres of land. Water supply catchment in South East Queensland — Not applicable to TRC local Government Area

Development:

Comment Proposed development does not involve an impervious area greater than 25% nor result in 6 or more dwellings

(1) avoids or otherwise minimises adverse impacts on the environmental values of receiving waters, arising from: (a) altered stormwater quality or flow, and (b) wastewater (other than contaminated stormwater and sewage), and (c) the creation or expansion of non-tidal artificial waterways, and (2) complies with the SPP code: Water quality (Appendix 2) –

Acid sulfate soils— — Not applicable to TRC local Government Area

Therefore there are no relevant SPP interim development assessment requirements for this application. (c)

Herberton Shire Planning Scheme 2005 (amended 2008) Complies

1.

Development within the Shire recognises and protects the natural environment and resources in the area and focuses on a network of townships and villages that provide for the wellbeing of the residents;

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Comments Whilst the proposal does not compromise the natural resources and landscape values, it is a use that is generally encouraged within the townships and villages and not in rural areas. However the nearby township of Ravenshoe does not have practical land available for new industrial uses such as this proposal. Given the site is not viable for either economically viable agricultural for primary industry uses and does compromise the natural environment and resources, the conflict is minimal. In addition, the development will not result in the removal of a significant area from any potential future use of the site for agriculture, and is of limited scale and intensity.


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Relevant Desired Environmental Outcomes An assessment against the relevant DEOs is provided below: DEO1 specifies that development focuses on the network of townships and villages and the supporting Context and Key Planning Measures reinforce the desire to concentrate future business (industrial use) facilities within Ravenshoe and Herberton. The proposed development conflicts with that desired outcome, however, it is considered that: - these conflicts are not sufficient grounds to refuse the application, and - there are sufficient grounds to approve the proposed development despite those conflicts. - Those grounds are the limited scale and intensity of the proposed use, and the mitigating - circumstances of limited availability of suitable industrial land within the urban footprint in the Ravenshoe area. Relevant Development Codes The following Development Codes are considered to be applicable to the assessment of the application: Part 3 Part 4 Part 4 Part 4 Part 4

4.3.3 2.5 3.3 3.4 3.6

Rural Planning Area / Rural Locality Code Industrial Uses code Landscaping Code Parking and Access Code Works, Services and Infrastructure Code

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The application included a planning report and assessment against the planning scheme. An officer assessment has found that the application satisfies the relevant acceptable solutions (or probable solutions/performance criteria where no acceptable solution applies) of the relevant codes set out below, provided reasonable and relevant conditions are attached to any approval.

Rural Planning Area Code PC5 Uses are located, designed and operated to avoid significantly changing the light, noise, dust, odour and traffic conditions or other conditions experienced by adjoining residents. No Acceptable Solution provided. Comment The shed workshop has designed and positioned to minimize any potential impacts on adjoining landowners. There is approximately 30m clearance from the proposed shed site to the side boundary of the adjoining site which contains a dwelling house. This adjoining landowner has provided written support for the proposal. Vehicle and traffic noise will not be a significant issue as the site is on the corner of Kaban and Tumoulin Roads and most vehicles will access/exit into Kaban Road from Tumoulin Road. Industrial Uses Code AS1.1 Premises are established on land included within the Industrial Planning Area or the Service/Trade Planning Area. PC1 The use is developed on a site included in an industrial area or, where in another area, in a suitable location considering topography, accessibility, provision of utility services, surrounding land uses, natural environment, the desired character of the area and potential social and community impacts. Comment The proposal does not satisfy the Acceptable Solution, but can satisfy the Performance Criteria provided reasonable and relevant conditions are included in any approval.

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Planning Scheme Policies/Infrastructure Charges Plan

The following planning scheme policies are relevant to the application: No. 2 - FNQROC Development Manual This policy applies to the proposal and is generally achieved through conditions and any resulting operational works. No. 4 – Water Supply Policy This policy is applicable to the application and requires the development to be connected to an approved water supply source (including a 90,000L water tank storage capacity). No. 5 – Road Policy Almost all of the vehicle traffic associated with the proposed use will access the development via the state controlled Tumoulin Road and a short, 250 m long section of Kaban Road. Kaban Road is already constructed to an appropriate 6.5m wide bitumen standard in accordance with the requirements of the Development Manual and on that basis, a roadworks contribution cannot reasonably be imposed. REFERRALS Concurrence The application triggered referral to Department of State Development Infrastructure & Planning (Department of Transport & Main Roads) as a Concurrence Agency. That Department advised in a letter dated 12 March 2014 that they require the conditions to be attached to any approval (Attachment 2). Advice This application did not trigger referral to any Advice Agencies. Internal Consultation Advice and input regarding operational conditions of approval to include for the workshop was sought from Council’s Environmental Health Officer. PUBLIC NOTIFICATION The development proposal was placed on public notification from 22 April 2014 to 16 May 2014. The applicant submitted the notice of compliance on 19 May 2014 advising that the public notification requirements were carried out in accordance with the requirements of the Act. Nine (9) properly made submissions supporting the proposed development were received. Although not considered properly made submissions under the public notification period, it is noted that over 128 letters of support were included with the application documents expressing support for this type of service within the area.

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Submitters Name of principal submitter 1. 2. 3. 4. 5. 6. 7. 8. 9.

Rebecca Girle Jazmin Simpson Peter Farquharson Dale McDowall Pauline Solly Colin O’Keefe Robert Agnew Mal Gillespie Bruce Frazer

Address 10 Riverview Street, Ravenshoe Qld 4888 851 Wooroora Road, Ravenshoe Qld 4888 PO Box 192, Ravenshoe Qld 4888 1127 East Evelyn Road, Ravenshoe Qld 4888 Ungarra MS 415, Mt Garnet Qld 4872 PO Box 210, Ravenshoe Qld 4888 PO Box 589, Ravenshoe Qld 4888 PO Box 681, Ravenshoe Qld 4888 PO Box 445, Ravenshoe Qld 4888

PLANNING DISCUSSION Both the Regional Plan and the planning scheme designate the site as rural land. Those two planning instruments generally require development of this nature (urban industrial uses) to be located within designated industrial or trades and services localities inside the urban footprint. However, the Regional Plan also encourages new industry initiatives in rural villages and that the Industrial Uses code provides for industrial uses to be located outside designated industrial use areas, provided any impacts are suitably addressed. Whilst Ravenshoe contains a number of mechanical workshops, there are limited panel beating/spray painting services available. In addition, there are limited suitable, available industrial sites in or around the Ravenshoe area upon which the development could be sited. This assessment has found that there are some aspects of the proposed use that could conflict with the relevant instruments. However, it is considered that there are sufficient grounds to approve the proposed development despite those conflicts, and that any potential conflicts: are largely negated by the site location and limited scale of the proposed development and can be adequately addressed by reasonable and relevant conditions that limit the scale and intensity of the use. Date Prepared:

11 June 2014

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ATTACHMENT 1 APPROVED PLANS (ECM VS# 3566384)

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ATTACHMENT 2 REFERRAL AGENCY RESPONSE (ECM VS 3532389)

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ATTACHMENT 3 SUBMITTER LETTERS (ECM VS 3557072)

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ITEM-5

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ENVIRONMENTAL SIGNIFICANCE OVERLAY - DRAFT TRC PLANNING SCHEME - RESPONSE TO SUBMISSIONS FOR THE BIODIVERSITY OVERLAY AND WETLANDS AND WATERCOURSE CORRIDORS OVERLAY CONFIDENTIAL

REASON FOR CONFIDENTIALITY This report is CONFIDENTIAL in accordance with Section 275 of the Local Government Regulation 2012, which permits the meeting to be closed to the public for business relating to the following: (g)

any action to be taken by Council under the Sustainable Planning Act 2009, including deciding applications made to Council under that Act.

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ITEM-6

RURAL SUBMISSIONS CONFIDENTIAL

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AND

RURAL

PRECINCTS

REASON FOR CONFIDENTIALITY This report is CONFIDENTIAL in accordance with Section 275 of the Local Government Regulation 2012, which permits the meeting to be closed to the public for business relating to the following: (g)

any action to be taken by Council under the Sustainable Planning Act 2009, including deciding applications made to Council under that Act.

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COMMUNITY SERVICES ITEM-7

DISABILITY ACCESS & INCLUSION REPORT AND POLICY

DOCUMENT INFORMATION

MEETING:

Ordinary

MEETING DATE:

5 June 2014

REPORT AUTHOR/ OFFICER’S TITLE:

Christine Larkin, Manager Community Services

DEPARTMENT:

Community & Regional Planning

EXECUTIVE SUMMARY Council has obligations under the Commonwealth Discrimination Act (DD 1992), the Queensland Anti-Discrimination Act (1991) and the Equal Opportunity in Public Employment Act (1992) to ensure that their facilities, services, programs and activities are accessible and provide equitable services to all members of the community. Under legislative requirements Council is required to develop and implement a Disability Access and Inclusion Policy and Action Plan. This report provides a framework for the Tablelands Regional Council to meet the legislative requirement stated under the Commonwealth Discrimination Act 1992. OFFICER'S RECOMMENDATION "That Council: 1. 2. 3.

4.

receive the Disability Access & Inclusion Report; adopt the Disability Access & Inclusion Policy; endorse Council Officers to develop a Terms of Reference and appoint a Disability Access & Inclusion Advisory Committee (DAIAC) in accordance with Section 264(b) of the Local Government Regulation 2012; and nominate a Councillor to act as Chairperson of that Advisory Committee."

BACKGROUND What is disability discrimination? Disability discrimination is when a person with a disability is treated less favorably than a person without the disability in the same or similar circumstances. It is now a legislative requirement that everyone is treated equitably. Council’s position and role in promoting equal access and inclusion A report setting out how governments across Australia will work together to deliver the National Disability Strategy has been presented to the Council of Australian Governments (COAG). The Page 171


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Strategy’s purpose is to promote inclusion and engagement across every aspect of government service delivery. “Local Governments as well as State and Territory Governments have a significant role to play in promoting inclusiveness in every aspect of service delivery, supporting opportunity for full participation and ensuring that the built environment is accessible to all,” Senator McLucas said. The Disability Discrimination Act (DDA) 1992 mandated all levels of government to ensure that policies, services and practices protect the rights of people with disabilities. Developing and implementing a Disability Access & Inclusion Policy, Advisory Committee and Action Plan is a proactive approach to DDA compliance. It has benefits both for Local Government and for people with a disability. The objectives of the Disability Act (1992) are to:       

Advance the inclusion and participation in the community of persons with a disability; Promote a strategic whole of government approach in supporting the needs and aspirations of persons with a disability; Facilitate the planning, funding and provision of services, programs and initiatives for persons with a disability; Promote and protect the rights of persons accessing disability services; Support the provision of high quality disability services; Make disability service providers accountable to persons accessing those disability services; and Ensure the efficient and effective use of public funds in the provision of disability services.

The DDA (1992) Act takes a whole-of-government and whole-of-community approach to the removal of barriers, with Disability Action Plans named as the key mechanism for this. For Local Government, the development and implementation of the Disability Access & Inclusion Policy, the development of an Advisory Committee and an Action Plan enhances corporate image and delivers services more effectively and efficiently. It also enables Local Government to set objectives and actions, assign accountability, responsibility and measure outcomes through effective evaluation methods. For Local Government to benefit from the work involved in developing a Disability Access & Inclusion Policy, the Australian Human Rights Commission (AHRC) recommends that the development of a Policy should be part of a whole strategy to:       

Eliminate discrimination in an active way; Improve services to existing consumers or customers; Enhance Local Governments image; Reduce the likelihood of complaints being made; Increase the likelihood of being able to successfully defend complaints; Increase the likelihood of avoiding costly legal action; and Allow for a planned and managed change in business and or services.

Why the need for Council to have a Disability Access & Inclusion Policy; Changes to recent government policy and the future implementation of the National Disability Insurance Scheme (NDIS) suggest that the disability service delivery model is likely to empower clients to take charge of the type of services they require. However, a client-centred service delivery model does not necessarily equate to a wide array of services particularly for individuals Page 172


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who do not fit within clinical assessments of a disability. This means that there will be potential service gaps for individuals with a disability that do not fit the funding criteria for support in the Tablelands. Overall, recognition that there will be ongoing access and inclusion issues for people with disabilities as Census data highlights some measure of need in the wider Tablelands community. The rate for people with disabilities is higher within this sub region as compared to the rate for Queensland and Australia (Tablelands Shire Sub Region Population Health Profile 2014). As the population ages, this percentage is projected to grow. This will require an ongoing Council Policy that demonstrates commitment to eliminating any discriminatory practices in Council’s work practices. Why the need for Council to have a Disability Access & Inclusion Advisory Committee (DAIAC), and nominate a Councillor to act as Chairperson of the Advisory committee It is proposed that the Disability Access & Inclusion Advisory Committee be made up of up to seven people and will include a number of external people with a physical disability or their organisational representative, the Supervisor Building & Plumbing, the nominated Council Chairperson and the Community Engagement Officer who will provide Secretariat duties. This committee would be a mechanism for Council to consult people with a disability and it is envisaged that meetings will be held bi-monthly and the minutes noted annually at a full Council meeting. Terms of Reference will be developed and the selection process for committee membership will be competitive and inclusive. The committee will have guidelines and framework that is specified under the National Disability Strategy. They will work together to achieve the following;     

Identify any major issues; To gather any relevant information to be considered by the committee; To analyse information from audits conducted; To provide recommendations for projected budget consideration; and Develop an Action Plan.

Why the need for a Council Disability Access & Inclusion Action Plan. Tablelands Regional Council’s commitment to an Action Plan assists in establishing a Councilwide mechanism to track its progress in eliminating indirect and direct discriminatory practices. The DDA (1992) identifies that policies and programs need to be developed to identify and reduce discrimination experienced by people with a disability. These should include clear goals and targets as well as identifying responsibility for implementation and evaluation. Beyond legislative compliance, Council demonstrates its commitment by implementing an effective Disability Access & Inclusion Action Plan developed from the Advisory committee recommendations. These include the Tableland's residents living with a disability. The purpose of the Plan is to provide a strategic framework that will assist in guiding Council’s actions across the organisation, in the community, in partnership with key stakeholders and as an advocate for the rights of people with a disability and/or mental illness. The terms ‘access’ and ‘inclusion’ are identified as the desirable outcomes in a Disability Access & Inclusion Action Plan. These can be achieved when Council plays a leadership role in minimising the barriers to participation for people with disabilities. Having ‘access’ to something does not only mean access to physical infrastructure, but also to employment opportunities and including the ability to participate in other areas of community life such as (education, social activities etc.). Page 173


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The term ‘inclusion’ implies social inclusion – the ability to be included in different spheres of community life. This means that equal access to life opportunities leads to social inclusion and an engagement in community life. The lack of participation in life opportunities leads to disengagement and social exclusion from society. Through community consultation utilising an Advisory Committee, review of current research, legislation and policy directions as well as demographic information, the following five priority areas have been identified:     

Changing attitudes; Social connectivity; Information and communication; Accessible built environments; and Employment, training and volunteering.

These priority areas should be the focus of work undertaken by Council in partnership with disability and community organisations. Despite the presence of anti-discrimination legislation and the extensive work undertaken to date across all levels of government people with a disability continue to experience barriers to participating in community life. People with a disability and/or mental illness are more likely than other people in the Australian community to experience:     

Lack of access to goods, services and facilities; Lower levels of participation in education, training and employment; Ongoing discrimination; Relatively poor health; and Social exclusion.

The development of a Disability Access & Inclusion Policy and Action Plan is a way for Tablelands Regional Council to plan the elimination, as far as it is practically and financially possible, of disability discrimination from the provision of its services and facilities. Although the Disability Discrimination Act (DDA 1992) defines action plans in terms of service provision, it makes sense to include employment policies and practices. In so doing, Local Government can more adequately address responsibilities under the (DDA 1992). A review of Council’s current work practices indicates that compliance with legislation was easiest when standards for implementation were explicit in the legislation, such as reasonable adjustments made to make infrastructure accessible and therefore the need for an audit of all Council facilities. The Australian Standard Building Code “AS 1428.1” legislated in 2009 states that council does not have to retrospectively fit out existing buildings to meet current Disability Access Standards unless alterations or renovations are performed on the structure or if it is a new building. The Disability Discrimination Act 1992 (DDA 1992) encourages the development of an Action Plan to eliminate discriminatory practices. It effectively is a strategy for changing business practices which may result in discrimination against people with disability. When developed, the Disability Access and Inclusion Policy and an Action Plan will be registered with the Human Rights and Equal Opportunity Commission. In the event of a complaint, the Commission is required by the DDA to consider the organisation's Disability Access & Inclusion Policy and Action Plan. A Disability Access & Inclusion Policy and Action Plan will be effective in Page 174


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ensuring compliance with the DDA if it convinces complainants and ultimately a Hearing Commissioner or the Federal Court that it:      

demonstrates commitment to eliminating discrimination; shows clear evidence of effective consultation with stakeholders; has priorities which are appropriate and relevant; provides continuing consultation, evaluation and review; has clear timelines and implementation strategies; and Is in fact being implemented.

LINK TO CORPORATE PLAN 1.2

Quality of Living

A community that supports equity and inclusiveness enabling all people to participate in regional events, cultural activities and celebrations. 1.2.5 - Social Equity Support a better quality of life for the community by ensuring equitable access to Council provided services and facilities, particularly for the aged, frail, disabled and disadvantaged members of the community. CONSULTATION Internal General Manager Community and Regional Planning - Dean Davidson Manager Community Services - Christine Larkin Coordinator Community Wellbeing - Shiralee McHardie Senior Advisor Corporate Facilities, Land & Lease - Tracey Cuthbertson Supervisor Building & Plumbing - Peter Warman Community Engagement Officer - Joy Wii Executive Manager Organisational Development - Colin Russell Manager Regional Planning - Brett Nancarrow External Access & Equity Officer - Cairns Regional Council Australian Human Rights Commission (AHRC) Local Area Coordinator for Disabilities - Department of Communities Local Government Association Queensland LEGAL IMPLICATIONS (STATUTORY BASIS, LEGAL RISKS) All Council's Legislative requirements are found embedded in the following documents:        

Age Discrimination Act 2004; Commonwealth Disability Discrimination Act 1992; Convention on the Rights of Persons with Disability 2008; Disability Discrimination Act - Disability Standard Accessible Public Transport 2002; Human Rights and Equal Opportunity Act 1986; Queensland Anti-Discrimination Act 1991; and Queensland Disability Services Act 2006. Queensland Local Government Bill 2009

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POLICY IMPLICATIONS N/A FINANCIAL & RESOURCE IMPLICATIONS Capital N/A Operating $10,000 has been allocated for the 14/15 Budget Is the expenditure noted above included in the 2013/2014 budget? Yes If not you must recommend how the budget can be amended to accommodate the expenditure N/A IMPLEMENTATION/COMMUNICATION Place an advertisement in the local newspaper calling for nominations from the public to be on the Advisory Committee. ATTACHMENTS 1.

Disability Access & Inclusion Policy ECM # 2963023

Date Prepared:

15 May 2014

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ITEM-8

RADF RECOMMENDATIONS PROGRAM

Thursday 19 June 2014

ROUND

12

2013/2014

DOCUMENT INFORMATION

MEETING:

Ordinary

MEETING DATE:

19 June 2014

REPORT AUTHOR/ OFFICER’S TITLE:

Mark Both, Regional Arts Officer

DEPARTMENT:

Community & Regional Planning

EXECUTIVE SUMMARY The Tablelands Regional Council RADF Committee met on 20 May 2014 and again on 10 June to assess the ten funding applications received for Round 12 of the RADF program 2013/2014. The committee assessed these applications according to the RADF funding guidelines and gave consideration to the priorities for the Tablelands region, as outlined in Council's Cultural Plan. Of the ten applications received, the committee recommend that all projects receive funds from the RADF program. OFFICER'S RECOMMENDATION "That Council approve: 1. 2. 3. 4. 5. 6. 7. 8. 9. 10.

Tablelands Folk Festival Assn– Community workshops in five towns Kuranda Media Assn– Kurandascope - 10 x 5 minute video stories Zara Betts-Colefax, Kuranda – Record EP of five songs at Kuranda Jasmin Chapman, Tarzali– Promotion & Marketing support for new songs CD Sandy Carroll, Lake Eacham - Mentorship to assist Tree Kangaroo film edit Kurandacoots - The Second Scream - Theatre Production Lyndel Turpin,Tarzali - Mentorship to diversify artistic skills into metal working Adrian Gallo, Atherton– Design, Consultation and completion of Public Artwork Kristina Cerroni, Malanda- Sitting Proud -Youth Initiative To Beautify Malanda Children's Art Club, Atherton & Herberton - pilot program-Children’s Art Clubs

$4,960 $4,900 $5,000 $2,955 $1,000 $4,500 $1,000 $5,000 $3,440 $4,705

BACKGROUND The quality of applications was good this round with applications received to fund a range of community projects, cultural tourism and professional development. As this was the last funding round of the combined TRC, a concerted effort was made to expend all funds in the budget equitably across both Council regions. Mareeba Shire Council has agreed to the expenditure. A summary of applications is provided below.

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Applicants: 1.

Tablelands Folk Festival Assn.– Community permaculture workshops in five towns Category 2 Building Community Cultural Capacity - Permaculture - a Rhymer's Manual uses the power of music, rhyme and humour to convey the permaculture principles in fresh ways to new crowds. Over the past couple of years Formidable Vegetable Sound System has designed a wholistic method of conscious education using song and dance that is both highly entertaining and true to the complex systems thinking that is Permaculture, offering a positive experimental forum in the area of Arts and Cultural Pursuits addressing the principles of permaculture in various musical styles. Workshops will occur at Atherton Taste Of The Tablelands, Ravenshoe Community Garden, Malanda Community Garden, Herberton, Yungaburra (Tablelands Folk Festival) Successful - $4,960

2.

Kuranda Media Assn – Kurandascope - 10 x 5 minute video stories Category 5 Contemporary Stories - To produce 10 x 5 minute oral documentaries from members of the Kuranda community in order to preserve and provide access to history from the early settlers and the early Indigenous culture to life in present-day Kuranda. The Kuranda Visitor Information Centre has, on average, 150-250 visitors each day, who are keen to use the interactive touch screen to view local stories, historic photographs and Wet Tropics Heritage Area information. Successful - $4,900

3.

Zara Betts-Colefax, Kuranda – Record EP of five songs at Kuranda Category 4 Cultural Tourism - Record an EP of 6 Original Songs at a Professional Recording Studio that is fresh and innovative in order to be able to apply for performances at festivals and other corporate and community events as well market as local tourism product for North Queensland. Successful - $5,000.

4.

Jasmin Chapman, Tarzali– Promotion & Marketing support for new songs CD Category 4 Cultural Tourism - Assistance for the promotion of CD of local original songs to design & print CD cover & liner pages, produce a video clip, promotion for CD launch concerts, part payment for supporting musicians used in three concerts, funds towards the cost of hire of PA for the local concert. Successful - $2,955.

5.

Sandy Carroll, Lake Eacham - Mentorship to assist Tree Kangaroo film editing and mastering Category 1 Developing Regional Skills - Mentorship with industry professional in colour grading, sound recording and voice over narration, and tuition in Final Cut and Adobe Premier professional editing suites. Successful - $1,000

6.

Kurandacoots, Kuranda - The Second Scream Theatre Production Category 2 Building Community Cultural Capacity - A collaboration between Kurandacoots, Lush Cabaret and the Centre for Australasian Theatre (Cairns), three professional, active, non-mainstream regional theatre companies, who will develop a new work of innovative, relevant and distinct theatre. The partnership also allows for diverse skill sharing and professional development. Successful - $4,500

7.

Lyndel Turpin, Tarzali - Mentorship to diversify artistic skills into metal working Category 1 Developing Regional Skills - a six week mentorship project working with Yungaburra based professional metalwork artist-Bronwyn Snow, to cover artist’s tuition fees and production costs. Successful - $1,000

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8.

Adrian Gallo - Ethical Enterprises, Atherton – Design, Community Consultation and completion of Public Artwork Category 6 Regional Partnerships - The Cook St Community Art Wall (on the current Centrelink building) is a project that provides an opportunity for the Tablelands community to participate in and collaborate with local artists to produce a public artwork of significance to the community. This collaboration will be utilised to develop ideas and final design concepts, before the completion of the public artwork, which will also allow for community participation. We believe this to be the most thorough public consultation process for public art in the region to date, which will set a new benchmark for future public art projects. Successful - $5,000

9.

Kristina Cerroni, Malanda - Sitting Proud - Youth Initiative To Beautify Malanda Category 2 Building Community Cultural Capacity - Local artists will work with youth to create beautiful mosaics and mandala art on five council benches situated on English St. Applicant has received an approval email from Design & Investigation Officer, Doretta Meyer, stating "Council offers no objection to the proposed works to be done under the condition that road visibility and road safety remain intact at all times and that all costs and works involved is the responsibility of the applicant". The project will employ two local artists and two youth workers, and will also benefit TRC by including acknowledgement plaques on each bench. Successful - $3,440

10.

Children's Art Club, Atherton & Children's Art Club, Herberton - Run a pilot program for a Children’s Art Club in Atherton and Herberton Category 2 Building Community Cultural Capacity - The aim of these two community groups is to permanently establish a Children’s Art Club in Atherton, and another in Herberton. This grant will be used to run a pilot program in order to trial community engagement, test costing and test children’s participation. The groups have formed as a direct result of the TRC funded RADF project which brought Shona Hammond Boys (from the New Zealand Children’s Art House Foundation) to run a series of workshops across the Tablelands in February 2014. Successful - $4,705

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Remaining Available Grants Budget for 2013-14

$37,460

Applications Approved to fit Budget:

$

Tablelands Folk Festival Assn

4,960

Kuranda Media Assn

4,900

Zara Betts-Colefax

5,000

Jasmin Chapman

2,955

Sandy Carroll

1,000

Kurandacoots

4,500

Lyndel Turpin

1,000

Adrian Gallo

5,000

Kristina Cerroni

3,440

Children's Art Clubs

4,705

Total

$37,460

2013/2014 Grants Balance

0

LINK TO CORPORATE PLAN 1.2.1 Community Celebration Provide a supportive environment for events and activities that promote and enhance the region. 1.2.3 Cultural Development Encourage recognition and appreciation of regional arts, culture, heritage and diversity and support and provide opportunities for individuals, clubs and groups to participate in the arts and cultural life of the community. CONSULTATION Internal Judy Burness, Community Engagement and Development Officer Mareeba Shire Council Gwyneth Nevard, Coordinator Tourism External RADF Committee LEGAL IMPLICATIONS (STATUTORY BASIS, LEGAL RISKS) Nil Page 187


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POLICY IMPLICATIONS Nil FINANCIAL & RESOURCE IMPLICATIONS Capital N/A Operating Combined remaining RADF grants for the 2013/2014 financial year:

$37,460

Allocations recommended 10 June 2014 RADF meeting:

$37,460

Is the expenditure noted above included in the 2013/2014 budget? Yes If not you must recommend how the budget can be amended to accommodate the expenditure Nil IMPLEMENTATION/COMMUNICATION   

Letters to be drafted informing candidates of decisions; Agreements to be signed; and Funding allocated

ATTACHMENTS Nil Date Prepared:

10 June 2014

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CHIEF EXECUTIVE OFFICER ECONOMIC DEVELOPMENT ITEM-9

NORTHERN DEVELOPMENT SUMMIT

DOCUMENT INFORMATION

MEETING:

Ordinary

MEETING DATE:

19 June 2014

REPORT AUTHOR/ OFFICER’S TITLE:

Nicole van Beuningen, Office of the CEO

DEPARTMENT:

Office of the Chief Executive Officer

EXECUTIVE SUMMARY From 27-28 June 2014 the Australian Davos Connection (ADC Forum) will host the Northern Development Summit which will provide a unique opportunity to directly contribute to the long term plan for developing Northern Australia. Registrations are now open for this event which will be held at the Townsville Entertainment and Convention Centre. OFFICER'S RECOMMENDATION "That Council considers nominating a representative to attend the Northern Development Summit in Townsville from 27-28 June 2014.” BACKGROUND In June 2014, ADC Forum will gather the most extensive group of Australian and International leaders and decision makers to develop a shared vision and action plan for development of Australia’s northern regions. This Northern Development Summit is a non-partisan forum for participants to shape this defining national project. Participation will provide the opportunity to:    

Contribute to the creation of an action plan for the North to influence Government policy; Build strong networks and direct connections to national and regional investors; Hear directly from, and communicate with, key national decision makers; Connect with a credible independent platform that is respected by governments and leaders at all levels.

This is an event of national significance which will affect long term policy and economic outcomes. Participation in this unique forum is an opportunity to directly influence this important national policy process. An extensive array of summit speakers including the Honourable Andrew Robb AO MP, Minister for Trade and Investment and Dr Ian Watt, Secretary of the Department of the Prime Minister and

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Cabinet will be presenting. The entire line-up of speakers is included in the attached registration document. The Summit’s discussions will be informed through five working groups covering: 

Australia and the region – leveraging Northern Australia’s proximity to fast growing East and South Asia



Infrastructure and the population base – planning to grow the population and economy of Northern Australia



The future economy – identifying sectors for future growth and the steps required to help them flourish



Natural resource capability – potential for development based on understanding the natural resources of the North



Policy, finance and governance – the role of Government at all levels and policy frameworks necessary for development.

The full two-day conference including dinner on the 27 June is $1,100 per delegate. Registrations close on Friday 20 June 2014.

LINK TO CORPORATE PLAN Strong and economy

growing

A strong, competitive and diverse economy through the region by providing support and investment in both business development and local employment opportunities.

Regional infrastructure

Regional infrastructure networks designed, implemented maintained to meet the region’s current and future needs.

Responsible environmental management

Environmental responsibility in the ongoing development of the region by improving and managing the natural and built environment.

CONSULTATION Internal CEO Deputy CEO LEGAL IMPLICATIONS (STATUTORY BASIS, LEGAL RISKS) NIL POLICY IMPLICATIONS NIL

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FINANCIAL & RESOURCE IMPLICATIONS Capital Nil Operating $1,100 per delegate Is the expenditure noted above included in the 2013/2014 budget? Staff training and conferences If not you must recommend how the budget can be amended to accommodate the expenditure NA IMPLEMENTATION/COMMUNICATION Report back to Council on summit outcomes. ATTACHMENTS 1. Northern Development Summit Creating the Future Australia registration document Date Prepared:

10 June 2014

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ADMINISTRATION ITEM-10

NOTED CORRESPONDENCE - 19 JUNE 2014

DOCUMENT INFORMATION

MEETING:

Ordinary

MEETING DATE:

19 June 2014

REPORT AUTHOR/ OFFICER’S TITLE:

Ian Church, Chief Executive Officer

DEPARTMENT:

Office of the Chief Executive Officer

OFFICER'S RECOMMENDATION "That the following correspondence be received and noted: 1.

NQLGA invitation to attend 2014 NLGA Conference, Richmond on 13-15 August 2014.

2.

Department of the Premier and Cabinet invites nominations for the award of public service medial in Australian Honours System - nominations due by 01/08/2014.

3.

FNQROC Minutes 19 May 2014.

4.

Hon Glen Elmes MP information on Queensland Cultural Diversity Week 30/08/2014 to 07/09/2014.

5.

Queensland Police advise of the 2014 Cairns to Karumba Bike Ride - 29 June 2014 and attach application and permit for Council's information.

6.

Hon Ian Walker MP feedback on telecommunications service quality on the Tablelands.

7.

Hon Warren Truss MP advice on decision in the 2014 Federal Budget affecting local government.

8.

Senator the Hon Ian Macdonald advises Parliamentary Secretary for Communications the Hon Paul Fletcher will be conducting mobile telephony forums in North Queensland on 4 July 2014.

9.

Hon Jeff Seeney MP advises he has decided to call in the development application lodged for the Mount Emerald Wind Farm and also to restart the Integrated Development Assessment System process from the point of giving an information request.

10.

Premier of Queensland advice on Safe Night Out Strategy.

11.

Department of Infrastructure and Regional Development release of BITRE's evolution of Australian town report.

ATTACHMENTS

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ORGANISATIONAL SERVICES FINANCE ITEM-11

FINANCIAL STATEMENTS PERIOD ENDING 31 MAY 2014

DOCUMENT INFORMATION

MEETING:

Ordinary

MEETING DATE:

19 June 2014

REPORT AUTHOR/ OFFICER’S TITLE:

Carol Trost, Executive Manager Financial Services

DEPARTMENT:

Organisational Services

EXECUTIVE SUMMARY The purpose of this report is to provide Council with an overview of financial matters for the period 01 May 2014 to 31 May 2014. OFFICER'S RECOMMENDATION "That Council note the financial report for the period ending 31 May 2014.” BACKGROUND Financial Summary Each month, year to date financial statements are prepared in order to monitor actual performance against budgets. For the period ending 31 May 2014, Council shows an operational deficit of $12,562,055 compared to budgeted YTD surplus of $1,252,598. The main reason for the difference between YTD actual and YTD budget is the NDRRA works program with a $14.1M operating deficit compared to the YTD budget of $0.4M deficit. Further details of the differences are provided in the Income Analysis and Expenditure Analysis sections of this report.

May 2014 - Snapshot Total Operating Income $70,086,930 Total Operating Expenditure $82,648,985 Operating Surplus/(Deficit) -($12,562,055) Total Capital Income (grants, developer contributions) $6,309,163 -($6,252,892) Net Result - Deficit

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Capital Expenditure As explained during the 3 month budget review, the annual capital budget values included the new Mareeba Shire Council in 2014. The Mareeba Shire Council capital budget of $18,086,117 and capital expenditure excluding commitments of $5,485,190 have been excluded from the information provided below. Total capital expenditure (excluding commitments) of $14,587,942 has been spent against the $27,480,160 budgeted for the 2013/14 year. The graph below illustrates actual YTD expenditure and annual budget. Capital Actual v Budget

Wastewater Water Waste Construction & Maintenance Infrastructure Support Community & Regional Planning Organisational Services Governance & Exec. Services

(2)

-

2

4

6

8

10 Millions

Actual

Commitments

Remaining spend

Income Analysis Total income (including capital income) for the period ending 31 May 2014 is $76,396,093 compared to the YTD budget of $69,371,771. The detailed variances relating to income is detailed below. The graph below shows May 2014 income compared to YTD Budget.

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Actual Income V Budget Income

May-14 Budget 13/14

$45,000,000 $40,000,000 $35,000,000 $30,000,000 $25,000,000 $20,000,000 $15,000,000 $10,000,000 $5,000,000 $Net Rates & Utility Charges

Description Net Rates & Utility Charges Fees & Charges Operating Grants, Subsidies & Contributions Interest Revenue Works for Third Parties Other Revenue Capital Income Total Revenue

Fees & Charges

Operating Grants, Subsidies & Contributions

Interest Revenue

Works for Third Parties

Actual YTD 41,226,388 1,600,730

Budget YTD 40,661,876 1,613,135

10,870,571 1,692,650 8,088,036 6,608,555 6,309,163 76,396,093

12,153,846 2,285,291 6,540,565 4,026,304 2,090,755 69,371,771

Other Revenue

Capital Income

% Variance $ Variance Note 1% 564,512 -1% 12,405 -11% -26% 24% 64% 202% 10%

1,283,275 592,640 1,547,471 2,582,251 4,218,408 7,024,322

1 2 3 4 5

Variances to note are: 1. 2.

3. 4.

5.

Operating Grants, Subsidies & Contributions - NDRRA subsidy YTD Actual is tracking low to estimated YTD Budget by $1.5m. Interest Received – Interest revenue budget will need to be reduced in the amended budget planned for adoption in June 2014. The internal distribution of interest is outstanding and while this will not affect the YTD values shown above, it will affect the Interest received actual values included for General, Waste, Sewerage and Water in the Budgeted Income Statement by fund. Works for Third Parties – Main Roads third party works revenue YTD Actual is tracking above the estimated YTD Budget by $1.4m. Other Revenue - YTD Actual includes $2.5m de-amalgamation recovery. These amounts were unknown and therefore not budgeted as income. This value has decreased from March 2014 report as de-amalgamation capital cost recovery has been moved to Capital Income. Capital Income – Capital Grants and Subsidies $6.3M actual YTD in excess of budget YTD $4.2m, correction required to the budget to include $2m Roads to Recovery Capital Subsidy (unbudgeted funds received). De-amalgamation revenue $1.5M for capital cost recovery has been moved to Capital Income and as these amounts were unknown were

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not included in the budget. Capital contributions revenue is tracking $1.1M above YTD budget estimate. Expenditure Analysis Total expenses for the period ending 31 May 2014 are $82,648,985 which is higher than the YTD budget of $66,028,417. The main reasons for the higher expenditure is due to the value of actual works for Council flood damage exceeding the estimated budget by $12.2m and de-amalgamation costs of $2.3m which were unknown and not included in the budget. The graph below shows May 2014 expenditure compared to the YTD Budget.

Actual Expenditure V Budget Expenditure

May-14 Budget 13/14

$60,000,000

$50,000,000

$40,000,000

$30,000,000

`

$20,000,000

$10,000,000

$Employee Expenses

Description Employee Expenses Materials and Services Depreciation expenses Finance and Borrowing costs Total Expenditure

Materials and Services

Actual YTD 25,423,006 48,357,192 8,365,309 503,479 82,648,986

Depreciation expenses

Budget YTD 24,576,271 29,892,919 11,045,946 513,282 66,028,417

Finance and Borrowing costs

% Variance $ Variance Note 3% 846,735 62% 18,464,274 1 -24% 2,680,637 2 -2% 9,803 25% 16,620,569

Variances to note are: 1.

Materials & Services – NDRRA budget will need to be amended to take into account the opening balance of unspent subsidies from 30 June 2013. The NDRRA actual YTD is $12.2M above budget YTD. The de-amalgamation costs $1.5m actual YTD were unknown at time of budget preparation and therefore were not included in the budget. Road Maintenance actual YTD is above YTD budget by $0.2m. Plant Fleet & Workshop actual YTD is above YTD budget by $1.9m due to internal hire being low. MRD Third party works materials actual YTD above YTD budget by $0.8M. Waste actual YTD is above YTD budget by $1.3m (300,000 included relates directly to MSC) however the actual YTD value Page 254


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is similar to the expenditure level of the previous year. Sewerage actual YTD is above YTD budget by $0.6m ($237,000 included relates directly to MSC) with increased costs associated with compliance issues. Water actual YTD is above YTD budget by $0.6m ($227,000 included relates directly to MSC) due to increased maintenance requirements. Depreciation – YTD Budget overstated due to including depreciation on assets to be transferred to Mareeba Shire Council for the period July-December.

Loan Borrowings Council's loan balances as at 31 May 2014 included in the Balance Sheet and are listed below: QTC Loans DLGP Loan

$5,725,610 $ 244,200 $5,968,933

Rates and Sundry Debtors Analysis Rates and Charges The total rates and charges owed to Council as at 31 May 2014 is $1,626,941. Council has received payments in advance/overpayments for rates and charges amounting to $414,515. Sundry Debtors The total outstanding for Sundry Debtors included in the attached balance sheet as at 31 May 2014 is $2,026,400. Current

30 days

60 days

90 + days

1,582,203

34,287

15,609

394,301

78%

2%

1%

19%

There are 70 sundry debtor accounts that have made advance/overpayments amounting to $157,050 in total. Council's debt collection agency, Collection House, has collected $50,079 for the month of May, 2014.

Procurement Council's Procurement Policy sets out provisions regarding the acquisition of goods and services and provides the criteria which must be followed by all Council employees for purchasing. The procurement thresholds outline specific requirements for quotations and tenders and outlines exceptions for particular situations which entitle the purchase to be made without first inviting quotations or tenders including - where there is only one supplier reasonably available; a genuine emergency exists; the goods are purchased at auction or are second-hand; or the contract is made under a Local Buy arrangement. In the situation that a purchase is classified as an 'emergency' the Procurement Policy determines that retrospective Council approval is required. Page 255


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There were no transactions classified as 'Emergency' purchases during the month of May 2014. LINK TO CORPORATE PLAN

Knowledge Management

Provide quality corporate knowledge management throughout the organisation to assist in the delivery of services and Council business.

CONSULTATION Internal Financial Accountant Management Accountant External Nil LEGAL IMPLICATIONS (STATUTORY BASIS, LEGAL RISKS) Section 204 of the Local Government Regulation 2012 requires the financial report to be presented to local government‌if the local government holds its ordinary meetings more frequently (than once per month) - to a meeting in each month. POLICY IMPLICATIONS Information has been provided to achieve compliance with Council's Procurement Policy. FINANCIAL & RESOURCE IMPLICATIONS Capital Nil Operating Nil Is the expenditure noted above included in the 2013/2014 budget? Nil If not you must recommend how the budget can be amended to accommodate the expenditure Nil IMPLEMENTATION/COMMUNICATION Nil Internal Financial Accountant Management Accountant External Nil

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ATTACHMENTS 1. Financial Statements period ending 31 May 2014 (ECM #2976950)

Date Prepared:

11 June 2014

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ATTACHMENT

TABLELANDS REGIONAL COUNCIL

Balance Sheet

For the period ended 31 May 2014 2013/2014

2012/2013

Current Assets Cash and cash equivalents Trade and other receivables Inventories Assets held for distribution

37,363,381 4,025,126 1,688,553 357,504,385

41,101,464 4,201,855 1,268,738 373,812,366

400,581,445

420,384,423

9,000 390,899,704 19,085,624 2,619,118

9,500 396,471,280 7,581,112 1,322,165

Total Non-Current Assets

412,613,446

405,384,057

Total Assets

813,194,891

825,768,480

3,116,310 449,124 252,123

4,781,163 406,960 265,201

12,370,674

16,722,813

16,188,230

22,176,137

645,769 5,519,809 8,048,709

674,284 5,882,516 8,251,953

Total Non-Current Liabilities

14,214,287

14,808,753

Total Liabilities

30,402,517

36,984,890

782,792,373

788,783,590

716,383,606 66,408,767

722,374,824 66,408,766

782,792,373

788,783,590

Total Current Assets

Non-Current Assets Receivables Property, plant and equipment Capital works in progress Intangible assets

Current Liabilities Trade and other payables Borrowings Provisions Liabilities directly associated with assets held for distribution

Total Current Liabilities

Non-Current Liabilities Trade and other payables Borrowings Provisions

NET COMMUNITY ASSETS Community Equity Retained surplus/(deficiency) Asset revaluation reserve

TOTAL COMMUNITY EQUITY

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INFRASTRUCTURE SERVICES CONSTRUCTION & MAINTENANCE ITEM-12

TENDER EVALUATION T-TRC2014-12 - NDRRA2013 PROGRAM - MAREEBA SEALED ROADS SUBMISSION 1 PACKAGE 2

DOCUMENT INFORMATION

MEETING:

Ordinary Meeting

MEETING DATE:

19 June 2014

REPORT AUTHOR/ OFFICER’S TITLE:

Ross McKim, General Manager Infrastructure Services

DEPARTMENT:

Infrastructure Services

EXECUTIVE SUMMARY Council has received grant funding approval from the Queensland Reconstruction Authority to undertake restoration works to essential public assets in the Council area as a consequence of the 2013 NDRRA declared event. Tender T-TRC2014-12 Mareeba Sealed Roads- Submission 1 – Package 2 is for the restoration of a package of sealed roads to be restored under the 2013 NDRRA Programme. The report provides a comparison of tenders received and makes a recommendation on the preferred tenderer. OFFICER'S RECOMMENDATION "That Council resolves to award Tender T-TRC2014-12 - NDRRA 2013 Programme – Mareeba Sealed Roads – Submission 1 – Package 2 to Robinson Civil Group for an amount of $392,169.09 (Inclusive of GST)." BACKGROUND Tender T-TRC2014-12 is for the restoration of sealed roads that are to be restored under the 2013 NDRRA Programme. The tender is for the reconstruction of the included roads on a schedule of rates basis. The roads involved are:  

Argyle Street Chewko Road

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Tenders were received from the following contractors:        

Pensar Civil Gregg Construction FNQ Civil Contracting Downer EDI Works Heavy Equipment Hire Northern Civil Earthworks RHA Robinson Civil Group

$595,415.30 $456,717.31 $558,256.83 $544,101.66 $401,683.30 $396,019.23 $396,019.46 $392,169.09

All prices listed above are inclusive of GST. TENDER ASSESSMENT Overview The tender documents advised tenderers that all tenders would be assessed on the following criteria and weightings: Tender Price Work Methodology and Approach Relevant Experience Local Content Personnel and Resources

40% 15% 15% 10% 20%

Price is a calculated formula dependent on the actual tender received against the median of all prices received. Scores for the other criteria are subject to knowledge of the tenderers performance on previous projects. Summary All tenders have been assessed on the above basis, with the scoring resulting in the following (out of a maximum possible five (5) points):        

Pensar Civil Gregg Construction FNQ Civil Contracting Downer EDI Works Heavy Equipment Hire Northern Civil Earthworks RHA Robinson Civil Group

3.45 3.94 3.69 3.85 3.99 3.95 4.00 4.01

Approved funding from the Queensland Reconstruction Authority to the roads in this package is $474,528.98 which includes the supply of the required gravel. Final expenditure is estimated to be in line with the approved funding. Under the approval from the Queensland Reconstruction authority, actual costs will however apply. Robinson Civil Group, the highest scoring tenderer, is a local civil contracting company that has successfully completed other NDRRA projects.

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LINK TO CORPORATE PLAN

Infrastructure Design

Ensure timely and co-ordinated provision of key infrastructure networks such as roads, drainage, water supply and sewerage through appropriate planning and design practices.

Infrastructure Implementation

Ensure the region’s infrastructure networks are designed, constructed and renewed to maximise their long term benefit to industry and the community.

Infrastructure Maintenance

Ensure the region’s infrastructure networks are continuously reviewed and maintained to a standard that will maximise their long term benefit to the community.

CONSULTATION Internal Council officers. External Nil. LEGAL IMPLICATIONS (STATUTORY BASIS, LEGAL RISKS) Nil. POLICY IMPLICATIONS Nil. FINANCIAL & RESOURCE IMPLICATIONS Capital Nil. Operating Nil. Is the expenditure noted above included in the 2013/2014 budget? Included in the 2013 NDRRA Programme. If not you must recommend how the budget can be amended to accommodate the expenditure Nil. IMPLEMENTATION/COMMUNICATION Affected residents will be advised of the planned works programme prior to commencement. ATTACHMENTS Nil. Date Prepared:

04 June 2014

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TENDER EVALUATION T-TRC2014-15 - NDRRA 2013 PROGRAM - MAREEBA SEALED ROADS SUBMISSION 2 PACKAGE 1

DOCUMENT INFORMATION

MEETING:

Ordinary Meeting

MEETING DATE:

19 June 2014

REPORT AUTHOR/ OFFICER’S TITLE:

Ross McKim, General Manager Infrastructure Services

DEPARTMENT:

Infrastructure Services

EXECUTIVE SUMMARY Council has received grant funding approval from the Queensland Reconstruction Authority to undertake restoration works to essential public assets in the Council area as a consequence of the 2013 NDRRA declared event. Tender T-TRC2014-15 Mareeba Sealed Roads- Submission 2 – Package 1 is for the restoration of a package of sealed roads to be restored under the 2013 NDRRA Programme. The report provides a comparison of tenders received and makes a recommendation on the preferred tenderer. OFFICER'S RECOMMENDATION "That Council resolves to award Tender T-TRC2014-15 - NDRRA 2013 Programme – Mareeba Sealed Roads – Submission 2 – Package 1 to Heavy Equipment Hire Pty Ltd for an amount of $495,621.94 (Inclusive of GST)." BACKGROUND Tender T-TRC2014-15 is for the restoration of sealed roads that are to be restored under the 2013 NDRRA Programme. The tender is for the reconstruction and sealing of the included roads on a schedule of rates basis. The roads involved are:    

Emerald End Road Narcotic Creek Road Piemonte Road Tinaroo Creek Road

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Tenders were received from the following contractors:         

FNQ Civil Contracting Pty Ltd RHA Australia Robinson Civil Constructions FNQ Pty Ltd Watto’s Earthmoving and Machinery Hire Pty Ltd Downer EDI Works Erroll Fitzgerald Gregg Construction Heavy Equipment Hire Pty Ltd Northern Civil Earthworks Pty Ltd

$889,846.00 $718,189.98 $533,579.42 $439,872.07 $833,385.17 $668,468.85 $749,929.07 $495,621.94 $553,120.15

All prices listed above are inclusive of GST. TENDER ASSESSMENT Overview The tender documents advised tenderers that all tenders would be assessed on the following criteria and weightings: Tender Price Work Methodology and Approach Relevant Experience Local Content Personnel and Resources

40% 15% 15% 10% 20%

Price is a calculated formula dependent on the actual tender received against the median of all prices received. Scores for the other criteria are subject to knowledge of the tenderers performance on previous projects. Summary All tenders have been assessed on the above basis, with the scoring resulting in the following (out of a maximum possible five (5) points):         

FNQ Civil Contracting Pty Ltd RHA Australia Robinson Civil Constructions FNQ Pty Ltd Watto’s Earthmoving and Machinery Hire Pty Ltd Downer EDI Works Erroll Fitzgerald Gregg Construction Heavy Equipment Hire Pty Ltd Northern Civil Earthworks Pty Ltd

3.67 3.90 4.08 3.91 3.85 3.70 3.95 4.10 4.02

Approved funding from the Queensland Reconstruction Authority to the roads in this package is $550,260.00 which includes the supply of the required gravel. Final expenditure is estimated to be in line with the approved funding. Heavy Equipment Hire Pty Ltd, the highest scored tenderer, has successfully completed other NDRRA projects.

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LINK TO CORPORATE PLAN

Infrastructure Design

Ensure timely and co-ordinated provision of key infrastructure networks such as roads, drainage, water supply and sewerage through appropriate planning and design practices.

Infrastructure Implementation

Ensure the region’s infrastructure networks are designed, constructed and renewed to maximise their long term benefit to industry and the community.

Infrastructure Maintenance

Ensure the region’s infrastructure networks are continuously reviewed and maintained to a standard that will maximise their long term benefit to the community.

CONSULTATION Internal Council officers. External Nil. LEGAL IMPLICATIONS (STATUTORY BASIS, LEGAL RISKS) Nil. POLICY IMPLICATIONS Nil. FINANCIAL & RESOURCE IMPLICATIONS Capital Nil. Operating Nil. Is the expenditure noted above included in the 2013/2014 budget? Included in the 2013 NDRRA Programme. If not you must recommend how the budget can be amended to accommodate the expenditure Nil. IMPLEMENTATION/COMMUNICATION Affected residents will be advised of the planned works programme prior to commencement. ATTACHMENTS Nil. Date Prepared:

10 June 2014

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ITEM-14

Thursday 19 June 2014

TENDER EVALUATION T-TRC2014-16 - NDRRA 2013 PROGRAM - MALANDA SEALED ROADS SUBMISSION 2 PACKAGE 3

DOCUMENT INFORMATION

MEETING:

Ordinary Meeting

MEETING DATE:

19 June 2014

REPORT AUTHOR/ OFFICER’S TITLE:

Ross McKim, General Manager Infrastructure Services

DEPARTMENT:

Infrastructure Services

EXECUTIVE SUMMARY Council has received grant funding approval from the Queensland Reconstruction Authority to undertake restoration works to essential public assets in the Council area as a consequence of the 2013 NDRRA declared event. Tender T-TRC2014-16 Malanda Sealed Roads- Submission 2 – Package 3 is for the restoration of a package of sealed roads to be restored under the 2013 NDRRA Programme. The report provides a comparison of tenders received and makes a recommendation on the preferred tenderer. OFFICER'S RECOMMENDATION "That Council resolves to award Tender T-TRC2014-16 - NDRRA 2013 Programme – Malanda Sealed Roads – Submission 2 – Package 3 to Watto’s Earthmoving and Machinery Hire Pty Ltd for an amount of $308,616.25 (Inclusive of GST)." BACKGROUND Tender T-TRC2014-16 is for the restoration of sealed roads that are to be restored under the 2013 NDRRA Programme. The tender is for the reconstruction and sealing of the included roads on a schedule of rates basis. The roads involved are:      

McKenzie Road Peeramon Road Powley Road Russel Pocket Road Silver Valley Road Wooroora Road

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Tenders were received from the following contractors:       

Northern Civil Earthworks Watto’s Earthmoving and Machinery Hire Pty Ltd RHA Australia Downer EDI Robinson Civil Constructions FNQ Pty Ltd Erroll Fitzgerald FNQ Civil Contracting Pty Ltd

$419,401.07 $308,616.25 $563,200.15 $561,644.20 $460,420.69 $406,816.83 $637,457.56

All prices listed above are inclusive of GST. TENDER ASSESSMENT Overview The tender documents advised tenderers that all tenders would be assessed on the following criteria and weightings: Tender Price Work Methodology and Approach Relevant Experience Local Content Personnel and Resources

40% 15% 15% 10% 20%

Price is a calculated formula dependent on the actual tender received against the median of all prices received. Scores for the other criteria are subject to knowledge of the tenderers performance on previous projects. Summary All tenders have been assessed on the above basis, with the scoring resulting in the following (out of a maximum possible five (5) points):       

Northern Civil Earthworks Watto’s Earthmoving and Machinery Hire Pty Ltd RHA Australia Downer EDI Robinson Civil Constructions FNQ Pty Ltd Erroll Fitzgerald FNQ Civil Contracting Pty Ltd

3.99 4.13 3.91 3.86 4.00 4.05 3.80

Approved funding from the Queensland Reconstruction Authority to the roads in this package is $274,422.00 which includes the supply of the required gravel. Final expenditure is estimated to exceed the approved funding. Under the approval from the Queensland Reconstruction authority, actual costs will however apply. Watto’s Earthmoving and Machinery Pty ltd, the highest scored tenderer, is a local contractor that has successfully completed other NDRRA projects.

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LINK TO CORPORATE PLAN

Infrastructure Design

Ensure timely and co-ordinated provision of key infrastructure networks such as roads, drainage, water supply and sewerage through appropriate planning and design practices.

Infrastructure Implementation

Ensure the region’s infrastructure networks are designed, constructed and renewed to maximise their long term benefit to industry and the community.

Infrastructure Maintenance

Ensure the region’s infrastructure networks are continuously reviewed and maintained to a standard that will maximise their long term benefit to the community.

CONSULTATION Internal Council officers. External Nil. LEGAL IMPLICATIONS (STATUTORY BASIS, LEGAL RISKS) Nil. POLICY IMPLICATIONS Nil. FINANCIAL & RESOURCE IMPLICATIONS Capital Nil. Operating Nil. Is the expenditure noted above included in the 2013/2014 budget? Included in the 2013 NDRRA Programme. If not you must recommend how the budget can be amended to accommodate the expenditure Nil. IMPLEMENTATION/COMMUNICATION Affected residents will be advised of the planned works programme prior to commencement. ATTACHMENTS Nil. Date Prepared:

10 June 2014

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Thursday 19 June 2014

WATER & WASTE ITEM-15

WATER METER 7 JULY 2014

READING

PROGRAM

COMMENCING

DOCUMENT INFORMATION

MEETING:

Ordinary

MEETING DATE:

19 June 2014

REPORT AUTHOR/ OFFICER’S TITLE:

Brad Bakker, Manager Water and Waste

DEPARTMENT:

Infrastructure Services

EXECUTIVE SUMMARY Under the Local Government Act, Council is required to give notice of the intention to commence a water meter reading programme. OFFICER'S RECOMMENDATION "That Council resolves to conduct a Selective Inspection Program, being a water meter reading program, throughout the boundaries of the Tablelands Regional Council, commencing on Monday, 7 July 2014 and to be completed by Thursday 31 July 2014." BACKGROUND Council is required to conduct a water meter reading program on a six monthly basis for the purpose of charging rateable properties the applicable water tariff charge as adopted by Council as the Water Schedule 2013/2014, under the Annual Fees and Charges Schedule 2013/2014. Under the Local Government Act, Council must give the public notice of the approval of an inspection program, at least 14 days, but not more than 28 days, before the approved inspection program starts. The notice must be published in a newspaper that is circulating generally in the local government area and on the local government's website. Council officers will ensure all notifications are completed within 14 days of the 7th July 2014. The notice must state the following: (a) (b) (c) (d) (e)

the name of the local government; the purpose and scope of the program, in general terms; when the program starts; the period over which the program is to be carried out; that the public may inspect a copy of the resolution that approved the program at the local government's public office until the end of the program;

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(f) (g)

Thursday 19 June 2014

that a copy of the resolution may be purchased at the local government's public office until the end of the program; the price of a copy of the resolution that approved the program.

LINK TO CORPORATE PLAN

Infrastructure Design

Ensure timely and co-ordinated provision of key infrastructure networks such as roads, drainage, water supply and sewerage through appropriate planning and design practices.

Infrastructure Implementation

Ensure the region’s infrastructure networks are designed, constructed and renewed to maximise their long term benefit to industry and the community.

Infrastructure Maintenance

Ensure the region’s infrastructure networks are continuously reviewed and maintained to a standard that will maximise their long term benefit to the community.

CONSULTATION Internal Coordinators for each zone Finance Section/Rates Section IT Section External Nil LEGAL IMPLICATIONS (STATUTORY BASIS, LEGAL RISKS) Local Government Act 2009 Water Supply (Safety & Reliability) Act 2008 POLICY IMPLICATIONS Nil FINANCIAL & RESOURCE IMPLICATIONS Capital Nil Operating Nil Is the expenditure noted above included in the 2013/2014 budget? Yes If not you must recommend how the budget can be amended to accommodate the expenditure N/A

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IMPLEMENTATION/COMMUNICATION Council website notification Advertising through the local newspapers ATTACHMENTS Nil Date Prepared:

11 June 2014

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ITEM-16

Thursday 19 June 2014

WASTE SERVICES CAPITAL WORKS PROGRAM

DOCUMENT INFORMATION

MEETING:

Ordinary

MEETING DATE:

19 June 2014

REPORT AUTHOR/ OFFICER’S TITLE:

Shane Teahan, Co-ordinator Waste Services

DEPARTMENT:

Infrastructure Services

EXECUTIVE SUMMARY The purpose of this report is to seek Council approval to reallocate Waste Services Capital Works funds to leachate pump and irrigation system remediation works at the Ravenshoe Waste Transfer Station. OFFICER'S RECOMMENDATION "That Council reallocate Waste Services capital works funds as recommended in Attachment 1." BACKGROUND In mid/late 2012, QFES lost control of back burning activities taking place near the Ravenshoe Waste Transfer Station. The associated fire destroyed the leachate pump, pump house and irrigation system that was set up to manage leachate from the site. It is unclear to the current Water and Waste Group why this has not been attended to prior to now. An exhaustive search of TRC records has taken place but no information was found. It is essential that work is immediately undertaken to install a new pump and pump house and to repair the associated irrigation system. The current DEHP license for Ravenshoe reads, “G8 – Any leachate and contaminated stormwater migrating from the perimeter embankments of any waste disposal area must be effectively intercepted by a leachate collection system installed at the licensed place” If Council adopts this report's recommendation, unused funds from the 2013/14 capital works program can be used to install new pumping and irrigation facilities. If approval is provided in mid June then the works can be commenced this financial year. LINK TO CORPORATE PLAN Infrastructure Maintenance Ensure the region's infrastructure networks are continuously reviewed and maintained to a standard that will maximise their long term benefit to the community.

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CONSULTATION Internal Consultation has occurred with the General Manager Infrastructure Services and the Manager Water and Waste and relevant Water and Waste officers. LEGAL IMPLICATIONS (STATUTORY BASIS, LEGAL RISKS) If Council does not remedy the defect, we will be unable to effectively manage the site and be in breach of our waste licencing conditions. POLICY IMPLICATIONS An effective leachate management system will alleviate any potential legal liabilities. FINANCIAL & RESOURCE IMPLICATIONS Capital No additional funding is required to implement the recommendations of this report. This report is recommending a reallocation of existing capital works funds. See attachment to report Operating N/A Is the expenditure noted above included in the 2013/2014 budget? Yes. No additional funding is required to implement the recommendations of this report. This report is recommending a reallocation of existing capital works funds. Three quotes have been received from reputable suppliers with costs ranging from $9000 to $12000. The request is for the allocation of $15000 which includes a small contingency. A final decision on the winning supplier has not taken place as yet. If not you must recommend how the budget can be amended to accommodate the expenditure N/A IMPLEMENTATION/COMMUNICATION The proposed repairs can be actioned this financial year. ATTACHMENTS 1.

Table listing the proposed amendments to the Waste Services Capital Works Program

Date Prepared:

11 June 2014

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ATTACHMENT 1

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Agenda 19 june 2014