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TRC TABLELANDS REGIONAL COUNCIL

Ordinary Meeting Council Chambers 45 Mabel Street, Atherton Date: Thursday 20 February 2014 Time: 9:00am

AGENDA THE ORDINARY MEETING OF THE TABLELANDS REGIONAL COUNCIL WILL BE HELD AT ATHERTON COUNCIL CHAMBERS, ON THURSDAY, 20 FEBRUARY 2014 AND THE ATTENDANCE OF EACH COUNCILLOR IS REQUESTED. IAN CHURCH CHIEF EXECUTIVE OFFICER


TRC Tablelands Regional Council - Agenda

Thursday 20 February 2014

PRESENTATIONS No presentations

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 ........................ 5 COMMUNITY & REGIONAL PLANNING ....................................................................................... 7 Regional Planning ....................................................................................................................... 7 ITEM-1 Sunnyville Free Range Pastured Pigs Pty Ltd - Material Change of Use for Intensive Animal Husbandry (Free Range Piggery) - Lot 2 on RP849971 and Lot 3 RP715000, situated at Malanda - Atherton Road and 29 Mooma Road, Upper Barron - DA/13/0021 ...................................................................................... 7 ITEM-2 McAuliffe - Extension to Relevant Period - Development Permit for a Reconfiguration of a lot (Stages 3 to 10 - 96 Rural Residential Lots) - Lot 201 on SP235327, situated at Davies Road, Malanda - DA/14/0004............................. 95 ITEM-3 Floyd Risser (Eldaah Pty Ltd) - Reconfiguration of a Lot - Stage 3 (31 Lots) and Stage 4 (27 Lots) - Lot 4 on RP706912 (Now Lit 102 on SP219102) - situated at Loder Street/Kennedy Highway, Atherton - DA/13/0173 ................................... 132 ITEM-4 Wairuna Homestead, Mt Garnet Lot 3 on WU32 seeking Council's view of the heritage site.......................................................................................................... 175 Community Services ............................................................................................................... 181 ITEM-5 Regional Art Development Fund - Quick Response Grant Application - 7 January 2014 - Committee Recommendations ..................................................... 181 ITEM-6 Financial and In Kind Support Program ................................................................ 184 CHIEF EXECUTIVE OFFICER ................................................................................................... 191 Administration ......................................................................................................................... 191 ITEM-7 Noted Correspondence - 20 February 2014 ......................................................... 191 ORGANISATIONAL SERVICES ................................................................................................ 201 Organisational Development ................................................................................................... 201 ITEM-8 Adoption of Corporate Plan 2014-2018 ................................................................ 201 Finance ................................................................................................................................... 221 ITEM-9 Financial Statements period ending 31 January 2014 .......................................... 221 INFRASTRUCTURE SERVICES ................................................................................................ 231

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Construction & Maintenance.................................................................................................... 231 ITEM-10 Community Road Safety Grants................................................................... 231 ITEM-11 NDRRA Betterment Project - Boar Pocket Road & Sutties Gap ................... 254 ITEM-12 Amendment to Capital Works Program - Gunnawarra Road Mt Garnet........ 258 BUSINESS WITHOUT NOTICE........................................................... Error! Bookmark not defined. CONFIDENTIAL ITEMS ...................................................................... Error! Bookmark not defined. NEXT MEETING OF COUNCIL ........................................................... Error! Bookmark not defined.

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TRC Tablelands Regional Council - Agenda

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MEMBERS IN ATTENDANCE 0B

OFFICERS IN ATTENDANCE 1B

APOLOGIES/LEAVE OF ABSENCE 2B

DECLARATION OF ANY MATERIAL PERSONAL INTERESTS/ CONFLICTS OF INTEREST BY COUNCILLORS AND SENIOR COUNCIL OFFICERS 3B

CONFIRMATION OF MINUTES 4B

BUSINESS ARISING OUT OF MINUTES OF PREVIOUS MEETINGS 5B

RECEIPT OF INWARD CORRESPONDENCE 6B

RECEIPT OF MONTHLY FINANCIAL STATEMENTS 7B

CONSIDERATION OF INWARD CORRESPONDENCE AND OTHER MATTERS 8B

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TRC Tablelands Regional Council - Agenda

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Thursday 20 February 2014


TRC Tablelands Regional Council - Agenda

Thursday 20 February 2014

COMMUNITY & REGIONAL PLANNING 9B

REGIONAL PLANNING ITEM-1

SUNNYVILLE FREE RANGE PASTURED PIGS PTY LTD MATERIAL CHANGE OF USE FOR INTENSIVE ANIMAL HUSBANDRY (FREE RANGE PIGGERY) - LOT 2 ON RP849971 AND LOT 3 RP715000, SITUATED AT MALANDA ATHERTON ROAD AND 29 MOOMA ROAD, UPPER BARRON - DA/13/0021

13B

DOCUMENT INFORMATION

MEETING:

Ordinary

MEETING DATE:

20 February 2014

REPORT AUTHOR/ OFFICER’S TITLE:

Dan O'Connor, Planning Officer

DEPARTMENT:

Community and Regional Planning APPLICATION DETAILS

APPLICANT

APPLICATION Sunnyville Free Range Pastured Pigs Pty Ltd

DATE LODGED

5 April 2013

TYPE OF APPROVAL PROPOSED DEVELOPMENT

Development Permit

FILE NO

DA/13/0021

RPD

PREMISES Malanda-Atherton Road and 29 Mooma Road, Upper Barron Lot 2 on RP849971 and Lot 3 on RP 715000

Material Change of Use - Intensive Animal Husbandry (Free Range Piggery) Lot 2 = 9.98ha Lot 3 = 14.34 ha Sunnyville Free Range OWNER Lot 2 - J.D. Beattie; Pastured Pigs Pty Ltd Lot 3 - S.C. Beattie Eacham Shire Planning Scheme 2006 (as amended V2 2010)

LODGED BY PLANNING SCHEME ZONE / PLANNING AREA LEVEL OF ASSESSMENT SUBMISSIONS

ATTACHMENTS:

ADDRESS

AREA

Rural Zone Impact 8

1. 2.

Proposal Plan (ECMVS# 3250767); Referral Agency Response - Department of Transport and Main Roads dated 6 May 2013 (ECMVS# 3284117); Page 7


TRC Tablelands Regional Council - Agenda

3. 4.

Thursday 20 February 2014

Submitters' letters; and Additional correspondence.

EXECUTIVE SUMMARY Council is in receipt of a development application described in the above application details. The application is impact assessable and eight (8) properly made 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 and the Eacham Shire Planning Scheme and does not conflict with any relevant planning instrument. The key issues for the assessment relate to controls aimed at minimising or avoiding any potentially adverse impacts on the environment and neighbouring residents. Of primary concern for neighbouring residents is the issue of odour, with aspects such as separation distances, buffering measures and management practices requiring close consideration. Conditions of approval are recommended that will appropriately address the potential impacts. Draft conditions of approval were provided to the Applicant for comment and have been agreed to. It is recommended that the application be approved in full with conditions. On 21 January 2014, Council's Manager Regional Planning issued the Applicants with an Enforcement Notice under sections 578 and 590 of the Sustainable Planning Act 2009 for commencing development associated with the subject application prior to an effective development permit being in place. The Enforcement Notice requires the Applicants to refrain from committing the development offence by 20 March 2014 unless an effective development permit is in place prior to that date.

OFFICER'S RECOMMENDATION 1.

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

APPLICANT

APPLICATION Sunnyville Free Range Pastured Pigs Pty Ltd

DATE LODGED

5 April 2013

TYPE OF APPROVAL PROPOSED DEVELOPMENT

Development Permit

ADDRESS

RPD

PREMISES Malanda-Atherton Road and 29 Mooma Road, Upper Barron Lot 2 on RP849971 and Lot 3 on RP 715000

Material Change of Use - Intensive Animal Husbandry (Free Range Piggery)

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:

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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 - Material Change of Use Intensive Animal Husbandry (Free Range Piggery)

(B)

APPROVED PLANS: Plan/Document Number

Plan/Document Title

Prepared by

Dated

ECM VS# 3509686

No title

S.C. Beattie

Undated (Received 14/1/14)

(C)

ASSESSMENT MANAGER’S CONDITIONS (COUNCIL) Development assessable against the Planning Scheme

1.

Development must be carried out substantially in accordance with the approved plan and the facts and circumstances of the use as submitted with the application, subject to any alterations to ensure compliance with the following conditions of approval.

2.

Timing of Effect

3.

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.

Piggery Requirements 3.1

Approved Land Use The approved use is for a rotational outdoor free range piggery where pigs are kept in small paddocks, sometimes with small, basic housing (hutches). Pigs are rotated through the paddocks on a regular basis for rehabilitation. During the stocking phase, pigs are supplied with prepared food, but can also forage. During the rehabilitation (non-pig) phase, pasture or crops are grown and harvested to remove the soil nutrients added by pig manure to an acceptable level. The approved use does not include on-site slaughtering, butchering or processing for commercial purposes.

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TRC Tablelands Regional Council - Agenda

3.2

Thursday 20 February 2014

Piggery Operation (a) The use will be limited to a maximum of 150 Standard Pig Units at any one time; and (b) The maximum stocking density is 37.5 SPUs per hectare (1 SPU per 266m2); and (c) The approved use will not involve the housing of pigs in large permanent sheds in a manner akin to a standard (non-free range) piggery.

3.3

Buffering (a) The use will not be established within 200 metres of: (i)

any existing, approved dwelling located on land other than the subject land, and which exists at the date of this approval. This requirement refers to existing dwellings on Lot 217 on NR324, Lot 1 on RP854431, Lot 1 on RP849971 and Lot 2 on RP726243 (if not owned by the Applicant/operator); or

(ii)

within 100m of the Nicholas Creek riparian boundary of the site, determined to the satisfaction of Council's delegated officer.

(b) Buffer distances will be maintained to the requirements and satisfaction of Council's delegated officer. In the event of a new dwelling being constructed on land other than the subject land, Council may require operations to be modified to provide for an appropriate buffer distance. (c) A 20m wide vegetated buffer (minimum 3m planted width with grassed filter swales either side) will be established and maintained for the full periphery of the paddocks, save for the common boundary of Lot 2 on RP849971 and Lot 3 on RP715000 to the satisfaction of Council's delegated officer for the purposes of stormwater quality control, odour/dust mitigation and visual buffering. (d) The above-described buffers will consist of a 20m wide vegetated strip with a minimum planted width of 3m with the balance of the buffer being grassed filter swale on either side. All buffers will be fenced, and pigs will be excluded from the 20m width of the buffer area. (e) The vegetated buffer will be planted with 2 rows of native rainforest shrub and tree species planted at 2m spacing that achieve (at maturity) a minimum height of 5m, site capture (no grass cover), and a dense, uniform, vegetated edge. A detailed planting plan for the required buffer must be submitted to Council’s delegated officer for consideration and approval. (f) The required buffer planting must be carried out in accordance with the endorsed plan within 2 months of the date of this approval. 3.4

Nutrient Control, Surface Water Runoff and Water Quality Management (a) The NPK loading (kg per ha per annum) added to the subject land by the approved piggery shall not exceed 350 for nitrogen, 150 for phosphorous and 200 for potassium for any paddock.

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(b) At the request and instruction of Council's delegated officer, water quality testing is to be undertaken at upstream and downstream locations to determine the nutrient load contained within stormwater runoff from the development site. Testing is to be undertaken by a suitably qualified person in order to measure the levels of Nitrogen, Phosphorus and Potassium (NPK) present in runoff. Should the NPK levels present in downstream waters be determined to be above acceptable levels, the Applicant/Operator shall take remedial action to the satisfaction of Council's delegated officer. (c) While nutrient levels remain within acceptable levels, pigs will be rotated out of production paddocks onto rested paddocks approximately every 3 months to allow for the re-establishment of ground cover crops. Prior to nutrient levels reaching the acceptable limits, paddocks will be rested from pig production for a minimum of 6 months with nutrient removal and ground cover cropping to be completed prior to the resumption of pig production on any paddock. (d) A minimum of 50% ground cover for each 100m2 will be maintained on paddocks. (e) The existing contour banks will be retained for the purposes of controlling surface water runoff, sediment and water quality control. The existing contour banks must be maintained, repaired or re-established if damaged by piggery operations. (f) There will be no effluent ponds or man-made wallows within the piggery. Any wallows created by pigs will be appropriately managed to the satisfaction of Council's delegated officer such that they are minimised to prevent contamination when active and then fenced off for rehabilitation immediately after becoming inactive. (g) There will be no further concentration of stormwater runoff or discharge of further concentrated stormwater to the Malanda-Atherton Road reserve or adjoining properties as a result of the development. 3.5

Odour & Dust Impacts (a) All areas associated with the pig keeping activity must be managed to minimise nuisance and impacts caused by odour, dust and particulate matter at any sensitive place. (b) No odour from the development, that is determined to be strong or very strong (4 to 5 intensity on German Standard VDI 3882 (I) (1992)) by Council's delegated officer, will impact upon any nearby sensitive receptor at any time, when assessed every 10 seconds over a 20 minute period in one location at that sensitive receptor. The odour will be considered to impact on a sensitive receptor if it is determined to be present more than 25 percent of the 20 minute assessment period or detected at a strong or very strong intensity level more than 30 times during the 20 minute assessment period. (c) Dust and particulate emissions from the development shall not exceed: (i)

25 micrograms of particulates that are 2.5 microns in size in any 24 hour period.

(ii) 50 micrograms of particulates that are 10 microns in size in any 24 hour period. Page 11


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(d) When instructed by Council, the developer/operator must commission an odour and dust assessment to monitor and investigate any complaint of nuisance. The monitoring will establish if the development complies with the relevant standards for odour and dust conditions determined in accordance with the Environmental Protection Policy (Air) 2008, and the monitoring data, analysis of that data and a report must be provided within 14 days of completion of the investigation to the satisfaction of Council's delegated officer. 3.6

Waste Products (a) There will be no release of untreated solid or liquid waste products generated by the approved development from the site. (b) Waste products are not to be stockpiled on the ground surface. (c) Waste will be managed to minimise the breeding of insects and vermin.

3.7

Feeding (a) All feeding equipment will be kept clean and in good repair. (b) Any feed storage facilities will be sealed to control insects and vermin. (c) Feeders will be regularly relocated to assist with retention of vegetation coverage. (d) Swill is not to be fed to pigs.

3.8

Fencing Pigs will be contained within fencing that generally accords with the paddock layout shown on the approved plans. Fencing shall be constructed and maintained to a standard that prevents the escape of pigs and the incursion of feral animals (i.e. pigs and dogs) to the satisfaction of Council's delegated officer.

3.9

Composting and Carcass Management Dead pigs will be rendered off-site unless otherwise approved by Council's delegated officer. If off-site rendering is not feasible, dead animals should be either composted or buried on-site in accordance with the methods identified by chapter 15 of the National Environmental Guidelines for Piggeries (as amended) at a location approved by Council's delegated officer.

3.10 Pest Management Bait stations shall be installed to manage nuisance posed by insects and vermin. Bait stations shall be installed such that their height and location prevents them from being accessed by pigs and other farm/domestic animals and where they would not pose a safety risk or nuisance to people. 3.11 Record Keeping The Applicant will maintain a record of pig numbers, locations, length of stay in paddocks, deaths, sales and paddock resting regimes. The records will be made Page 12


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available for inspection by Council officers with copies to be provided to them upon request. 3.12 Environmental Management Plan (EMP) The Applicant/developer will amend the Environmental Management Plan submitted with the application to comply with the requirements of this approval, and to include the following requirements: (a) The EMP will detail how sustainable pasture and nutrient management will be achieved so that unacceptable nutrient overload and odour impacts do not occur. (b) The EMP will detail how manure and contaminated straw from hutches will be composted. (c) The amended EMP will be submitted to, and approved by Council's delegated officer within 3 months of the date of this approval. (d) If there is a conflict between the approved Environmental Management Plan and the conditions of this approval, the conditions will prevail to the extent of the conflict. (e) The EMP will be revised every 3 years, and updated as necessary to incorporate changes to the operation and management of the site, and to best achieve compliance with the conditions of this approval to the satisfaction of Council's delegated officer. (f) All future operations must be carried out in accordance with the approved Environmental Management Plan. 3.13 Pig Shelters All relocatable pig shelters will be of sturdy construction and will be securely fastened to the ground by means deemed capable of withstanding cyclonic winds to the satisfaction of Council's delegated officer. Fastening measures will be in place at all times and shelters shall be maintained in a good state of repair to minimise the potential for airborne debris during extreme weather events. 3.14 Access The development will only be accessed from Mooma Road. Any additional access to the development site will be located a minimum of 100m from any dwelling on an adjoining lot, whether or not it exists at the date of this approval. Prior to constructing any additional access to the site from Mooma Road, 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 assessed for compliance by Council's delegated officer. 3.15 Parking The developer/Applicant will provide a compacted gravel car parking area in the vicinity of the existing dwelling on Lot 2 on RP849971. The parking area should be of sufficient dimensions to accommodate all employee vehicles on-site. No parking associated with the approved use is permitted within the Council road reserve. Page 13


TRC Tablelands Regional Council - Agenda

(D)

Thursday 20 February 2014

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.

(b)

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 Transport and Main Roads conditions dated 6 May 2013.

(F)

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

(G)

OTHER NECESSARY DEVELOPMENT PERMITS AND/OR COMPLIANCE PERMITS •

(H)

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

Development Permit for Building Work (Structures with a GFA of =/>10m2)

OTHER APPROVALS REQUIRED FROM COUNCIL •

Nil

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THE SITE

Mo M M oooo om maa RRdd

Malanda-A Mala ndanda-Athe nda-A Athe thert thert rton rton on Rd on Rd

Knowles Know les Rd Rd

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.

Zoning Map

NB: Blue = ESC Rural Zone; Brown = ASC Rural Zone. The subject site (Lot 2 on RP849971 and Lot 3 on RP 715000) is situated approximately 5 km north of the Malanda Township. The site is irregular in shape, with a total area of 24.3 ha and is zoned Rural under the Eacham Shire Planning Scheme. Over the years the site has been used for grazing and hay production and is improved by a single detached residence on Lot 2 and a Page 15


TRC Tablelands Regional Council - Agenda

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detached farm shed and water tank on Lot 3. In last 12 months, the Applicants commenced free range pig production at the site (unapproved). The site has approximately 810m of frontage to Mooma Road (Council controlled) and approximately 720m of frontage to Malanda-Atherton Road (State controlled). Mooma Road is constructed to a 6.5m wide bitumen seal standard to about 550m from the Malanda-Atherton Road intersection and then to a 7m wide gravel standard thereafter. Access to the site is currently gained from Mooma Road via a crossover located roughly 290m south of the intersection of Mooma Road and Malanda-Atherton Road. The topography of the site slopes gradually towards Malanda-Atherton Road at gradients of approximately 10%. The site is largely unconstrained by natural features (i.e. remnant vegetation, watercourses) although Lot 3 has a riparian boundary with Nicholas Creek to the south-east for roughly 88m. All riparian vegetation has however been cleared from the northern bank within Lot 3. All surrounding properties are located in the Rural Zone and are predominately used for grazing with the exception of three lots of roughly 1 ha located within a 250m radius of the site, which essentially function as "rural lifestyle" lots. The rural lifestyle lots were most likely created as the result of "family lot" subdivisions. There are no properties zoned Rural Residential within a 2km radius of the site.

FREE RANGE PIGGERIES Conventional intensive piggeries typically house pigs exclusively within large, environmentally controlled buildings at high stocking rates. Waste material is removed from the floor of the building, or flushed into effluent pits. In free range rotational piggeries, the animals live entirely outdoors, although shelter is usually provided in the form of small, portable huts. The farms are generally designed as a series of fenced open paddocks connected by a central laneway. Stocking rates vary depending on a range of factors including the pig mix, soil types, feeding regimes, and the capacity of the site to assimilate nutrients deposited by the pigs. The table below shows the main differences between the two: Conventional Intensive Piggery animals housed indoors shed stocking rates of less than 2m2per pig large permanent sheds stockpiling of solid and liquid pig waste effluent ponds

Rotational Free Range Piggery animals outside at all times max outdoor stocking rates of 35-40 SPUs per hectare small movable shelters no stockpiling of waste no effluent ponds

Stocking rates at free range piggeries are far lower than conventional piggeries and consequently the potential environmental impacts are considerably less than traditional pig production. It is important to properly manage free range piggeries so that soil exposure, compaction and nutrient overload are avoided. These impacts must be managed through movement of shelters within paddocks, rotation of pigs between paddocks, and cropping of rested paddocks to restore ground cover and remove excess nutrients. As with all animal production systems, good management practices are the key to ensuring that any potentially adverse impacts on the environment and the residential amenity of surrounding properties is avoided.

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DESCRIPTION OF PROPOSED DEVELOPMENT The development application seeks a Development Permit for a Material Change of Use "Intensive Animal Husbandry" (Free Range Piggery). The proposed free range piggery would be an entirely outdoor operation, where pigs are rotated through a number of paddocks. The proposed paddock layout is shown by the plan provided as Attachment 1. When pigs have been rotated out of a paddock, the paddock would then be rested for a period of 3-6 months and rehabilitated by planting crops. The area proposed to be utilised for pig production has an area of roughly 8 ha (excluding vegetated buffers). As shown by the proposal plan, a 20m fenced vegetated buffer is proposed to be planted for the full periphery of the paddocks. The primary feed source will be foraging and grazing on improved pasture or crops, with supplementation from prepared food. The Applicant proposes that the free range piggery be stocked at a maximum capacity of 150 Standard Pig Units (SPUs). A SPU is a measuring unit used to define piggery capacity, based on waste by-product output. The manure, waste feed and waste litter produced by one SPU equates to the waste generated by an average pig (90kg of volatile solids per year). Adult pigs usually have an SPU value of 1.6 to 2.5. The National Environmental Guidelines for Piggeries (Australian Pork, 2010) recommends maximum stocking densities of 35-40 SPUs per hectare. A value of 150 SPUs equates to a stocking density of approximately 1 SPU per 266m2 of land or 37.5 SPUs per hectare, that is, if 50% of the proposed paddock area is utilised for pig production at any one time. The proposed small-commercial piggery will target a growing niche market for free range pork. Production will be farrow to finished pigs, with all processing being undertaken off-site. Access to the development site would be from Mooma Road via the existing crossover servicing the dwelling.

MINOR CHANGE TO DEVELOPMENT APPLICATION Originally the Applicants proposed 255 SPUs with a paddock layout comprising the bulk of the development site. On 14 January 2014, the Applicants lodged a request for a "minor change" to the application in accordance with section 350 of Sustainable Planning Act 2009. The change reduced the paddock layout to approximately 8 ha and reduced the proposed SPUs to 150. The requested change satisfied the criteria for a minor change under SPA and therefore the application did not revert to any previous stage of the IDAS process and was not required to be re-notified.

ENFORCEMENT NOTICE On 21 January 2014, Council's Manager Regional Planning issued the Applicants with an Enforcement Notice under sections 578 and 590 of the Sustainable Planning Act 2009 for commencing development associated with the subject application prior to an effective development permit being in place. The Enforcement Notice requires the Applicants to refrain from committing the development offence by 20 March 2014 unless an effective development permit is in place prior to that date.

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 as being of Ecological Significance by Regional Plan Map 3 - "Areas of Ecological Significance".

PLANNING SCHEME DESIGNATIONS Page 17


TRC Tablelands Regional Council - Agenda

Strategic Plan designation:

Rural

Zone:

Rural

Overlays:

GQAL

Bushfire Hazard Rating:

low

Thursday 20 February 2014

Planning Scheme Definitions The proposed use is defined as:Intensive Animal Husbandry: premises for the purposes of: •

Cattery - the keeping, breeding or boarding of four (4) or more cats;

Kennel - the keeping, breeding or boarding of four (4) or more dogs;

Lot Feeding – the feeding of stock in stalls, compounds or stockyards for production purposes as distinct from range feeding, excluding the temporary feeding of no more than 25 head of stock for the purpose of show preparation;

Piggery - the keeping, depasturing, feeding or watering of pigs;

Poultry Farm - the keeping of poultry where the number of birds exceeds 150 birds in the Rural Zone, or 25 birds in all other Zones;

A commercial stable for the keeping, breeding, training, boarding, hiring or agistment of horses (where more than 5 animals are held in enclosures, or more than 1 animal is held free range in a 1,000m2 or less area); or

A zoo.

While the above land use definition is applicable to the proposed use, it is likely that the planning scheme drafting did not take free range piggeries into consideration when drafting the relevant codes. RELEVENT 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 2.1 Regional Landscape Values Land Use Policy 2.1.1

Complies

The value of the landscape for nature conservation, primary production, renewable energy resource areas, priority carbon sequestration, cultural heritage, outdoor recreation and scenic amenity is given appropriate recognition in land use planning and development assessment.

Comments Complies with conditions. Visual buffering measures are recommended as a condition of approval. The proposal would not result in adverse impacts on the rural landscape.



DRO 2.4 Primary Production & Fisheries Land Use Policy

Complies

Comments

2.4.1

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



Complies

2.4.2

Appropriate buffer distances between incompatible uses and agricultural operations on good quality agricultural land are provided through sensitive land use planning in accordance with State Planning Policy 1/92.



Complies with conditions. Adequate separation distances would be achieved between the use and surrounding receptors (e.g. dwellings, watercourse roads etc). Refer to Planning Discussion for further information.

DRO 5.4 Primary Industries Land Use Policy 5.4.2

5.4.3

Threats to primary production from incompatible development are identified and managed through land use planning and where appropriate, by developer established buffers. Potential conflict between primary industries and urban activities is managed through land use planning and, where appropriate, developerestablished buffers.

Complies

Comments



Complies with conditions. Adequate separation distances and vegetated buffers would be achieved between the use and surrounding receptors (e.g. dwellings, watercourse roads etc). Refer to Planning Discussion for further information.



As above.

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

(b)

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.

Complies

Comments



Complies with conditions. Conditions of approval are recommended to protect surface water quality including buffer setbacks with grassed filter swales. The rehabilitation of paddocks is also conditioned so that ground covers have sufficient time to recover and nutrient loads are reduced to acceptable levels before paddocks are re-used for pig production. The conditions also specify that man-made wallows and effluent ponds are not to be constructed in order to protect groundwater supplies from the risk of contamination.

State Planning Policies (i)

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

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

State Planning Policy 1/03 – Mitigating the Adverse Impacts of Flood, Bushfire and Landslide (Bushfire and landslide only) (Lapsed 1 September 2013). Page 19


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(ii)

The following State Planning Polices are not reflected in the planning scheme and are applicable in the assessment of this application:

SPP

State Planning Policies Complies

SPP1/12

Protection of Qld’s Strategic Cropping Land

N/A

Temp SPP2/12

Planning for Prosperity

N/A

(c)

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Comments

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 subject site is identified by SCL mapping as "Potential SCL" however assessment against the SPP is not triggered in this instance as animal husbandry is an “excluded use” under the SPP. This SPP came into effect on 24 August 2012 and is therefore applicable to the subject application. 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. This policy is only relevant to State referral agencies involved in the assessment and not Council as the assessment manager. In this instance, the application triggered referral to DTMR as a concurrence agency and their conditions of approval are provided as Attachment 2.

Eacham Shire Planning Scheme 2006 (as amended V2 2010)

Relevant Desired Environmental Outcomes This application is impact assessable and is therefore assessable against the whole of the planning scheme, including the DEOs. The following DEOs are relevant to the application:

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Complies

DEO 1 – Land Use Pattern Land uses are in accordance with the Planning Scheme Maps - Strategic Framework, which has a land use pattern as follows•

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Complies. The subject site and surrounding properties are zoned rural. Despite 3 "rurallifestyle" lots of roughly 1 ha being located to the north of the site, the area is rural in character.



Rural areas contain agricultural land, extractive resource areas, protected areas and land not required to satisfy expected urban growth.

Complies

DEO 2 – Natural Environment Environmental quality, ecological processes and natural assets are maintained and protected so that they contribute effectively to ecological sustainability



This is achieved through development that —  

protects the air, land and water resources in the Shire, including the catchment of the Tinaroo Falls Dam; does not increase risks to safety, property and the environment caused by adverse interaction between land uses and natural hazards, including flooding, bushfire, cyclonic weather events and landslip.

DEO 3 – Economic Development





Comments



Complies with conditions. The site is GQAL and conditions of approval would ensure that sustainable management practices are adopted. Being a relatively new industry to the tablelands, the use would encourage rural diversification.

the sustainable use of natural resources in the Shire, including good quality agricultural land, water resources, native and plantation timbers, and extractive resources; efficient and sustainable practices in agriculture, horticulture, forestry, grazing, dairying and aquaculture and other rural industries that add value to primary products; diversified enterprises in commerce and industry through the establishment of new commercial and industrial land uses that offer an increased range of employment opportunities, whilst protecting the Shire’s social and natural environment.

Complies

DEO 5 – Infrastructure Physical and social infrastructure including water, effluent disposal, community facilities and the transportation network are efficiently used and extended, meet community needs and ensure the sustainable use of the resources, through —   

Comments Complies with conditions. Various conditions are recommended to ensure that land, air and water resources are protected and that adverse impacts on the amenity of surrounding properties are minimised or avoided. The site is not prone to flooding, bushfire or landslip and a condition is recommended to ensure that pig shelters are appropriately constructed to avoid airborne debris during cyclonic events. Refer to Planning Discussion for further information.

Complies

The existing economic base of the townships and rural areas builds upon the Shire’s strengths in rural production and tourism, and encourages new opportunities, through — 

Comments

land uses having access to water supply, waste water disposal, drainage, electricity and telecommunications infrastructure suitable to the location; land uses having appropriate access to the Shire road network, having regard to the form and hierarchical function of the road and the traffic demands generated; protection of major regional infrastructure items such as the Lake Tinaroo Catchment Area , the regional roads and electricity works.



Comments Complies. The subject site is appropriately serviced by Council's infrastructure networks and would not adversely impact upon the function of major infrastructure items such as MalandaAtherton Road. Refer to Planning Discussion for further information.

Relevant Development Codes The following Development Codes are identified as relevant to the assessment of the application by the Rural Zone Table of Assessment: Part 4, 2.1 Part 4, 3.12

Rural Zone Code Primary Industries Code Page 21


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Part 4, 4.3 Part 4, 4.5 Part 5, 5.2

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Parking and Access Code Works, Service and Infrastructure Code Natural Areas Overlay Code

The application did not include a planning report and assessment against the planning scheme. It is considered that the Works, Service and Infrastructure Code and Natural Areas Overlay Code are not relevant to assessment of this particular application. An officer assessment has found that the application satisfies the relevant acceptable solutions and/or performance criteria of the relevant codes set out below, provided reasonable and relevant conditions are attached to any approval. While the "Intensive Animal Husbandry" land use definition is applicable to the proposed use, it is likely that the planning scheme drafting did not take free range piggeries into consideration when drafting the relevant codes. Relevant Codes Rural Zone Code

Comments The application complies with applicable acceptable solutions and/or performance criteria of this code subject to conditions in relation to: 

Vegetated buffers and separation distances to surrounding receptors;



Sustainable land management practices;



Protection of water quality; and



Protection of public amenity, health and safety.

Refer to planning discussion section of report. Primary Industries Code

The application complies with applicable acceptable solutions and/or performance criteria of this code subject to conditions in relation to: 

Vegetated buffers and separation distances to surrounding receptors;



Sustainable land management practices;



Protection of water quality;



Protection of public amenity, health and safety;



Pest management; and



Waste management.

Refer to planning discussion section of report. Parking & Access Code

The application complies with applicable acceptable solutions and/or performance criteria of this code subject to conditions in relation to: 

Additional access locations (if required);



Employee car parking design, construction and location (if required).

Refer to planning discussion section of report.

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(e)

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Planning Scheme Policies/Infrastructure Charges Plan

The following planning scheme policies are relevant to the application: No. 5 – FNQROC Regional Development Manual This policy applies to the proposal and is generally achieved through conditions and any resulting operational works, if required. No. 8 – Development Contributions for Roadworks Mooma Road is constructed to a 6.5m wide bitumen seal standard to about 550m south of the intersection with Malanda-Atherton Road and a 7m wide formed gravel standard thereafter. This standard of construction satisfies the relevant rural road construction standards of the FNQROC Development Manual, and there are no grounds for imposing a contribution or requiring upgrades. REFERRALS Concurrence The application triggered referral to the Dept of Transport and Main Roads as a Concurrence Agency. That Department advised in a letter dated 6 May 2013 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 The application and draft conditions were referred to Council's Environmental Health Section for advice. The Environmental Health Officer's comments have been incorporated into the recommended conditions. Third Party Advice In formulating the recommended conditions, Council officers sought advice the Queensland Government's Department of Agriculture Fisheries and Forestry (DAFF). Details of the proposal were forwarded to DAFF on 4 November 2013 for comment. DAFF officers responded to Council's Planning Officer by providing general advice on various matters related to free range pig production. DAFF officers were however reluctant to comment on the site specific aspects of the proposal.

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PUBLIC NOTIFICATION The development proposal was placed on public notification from 8 October 2013 to 29 October 2013. The Applicant submitted the notice of compliance on 6 November 2013 advising that the public notification requirements were carried out in accordance with the requirements of the Act. A total of 8 submissions were received in response to public notification of the development application, all submissions were deemed to be properly made in accordance with section 305(3) of the Sustainable Planning Act 2009. All submissions raised objections to the proposal and are provided as Attachment 3. Following the close of public notification, a number of additional pieces of correspondence were received from various submitters expanding on the issues raised in their original submissions. A number of letters were also received following public notification expressing support for the proposal. Only the properly made submissions received during public notification are provided as Attachment 3. All additional pieces of correspondence received from the public as of the date of this report are provided at Attachment 4. Note that where correspondence has been mailed and/or emailed to Council on more than one occasion, only one copy of that correspondence is included at Attachment 4. The issues raised by the submitters both during and following public notification are summarised and commented on below:

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Grounds for objection /support

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Comment



The proposal would degrade the land and reduce surface and ground water quality.

Conditions of approval are recommended to protect surface water quality including buffer setbacks with grassed filter swales. The rehabilitation of paddocks is also conditioned so that ground covers have sufficient time to recover and nutrient loads are reduced to acceptable levels before paddocks are re-used for pig production. The conditions also specify that man-made wallows and effluent ponds are not to be constructed in order to protect groundwater supplies from the risk of contamination.



The use will not be monitored by Council to ensure that pig numbers are not exceeded.

If the operator is reported to be stocking pigs at higher densities than approved, Council may take enforcement action against the Applicant. While Council does not have the resources to strictly monitor minor breaches in the approved numbers, repeated/significant breaches would likely be brought to the attention of Council officers, prompting them to investigate.



The proposal would generate unacceptable odour, dust, flies, noise and is a health risk to surrounding residents.

A range of conditions are recommended to avoid or minimise the potentially adverse off-site impacts of the proposal. For example vegetated buffers and separation distances would help address the impacts of odour, dust and noise. The placement of bait stations is conditioned to control potential nuisance from insects and/or vermin. If required, a condition of approval would allow Council to request that the Applicants undertake a full odour assessment.



Debris may become airborne during cyclonic weather conditions as a result of transportable pig shelters, which are poorly constructed and not anchored to the ground.

A condition of approval is recommended requiring all pig shelters to be securely fastened to the ground and maintained in a good state of repair so as to minimise the potential for flying debris during extreme weather events.



Adverse impacts on visual amenity.

Conditions of approval are recommended requiring vegetated buffers to be planted for the full periphery of the paddocks used in pig production. It is not considered that there would be any adverse impact on visual amenity.



Loss of property value.

Not a valid planning ground. Conditions of approval are recommended to avoid or minimise any potentially adverse impacts of the proposal on the amenity of adjoining properties. Any loss of property value as result of potential impacts is purely speculative and is not valid planning grounds for refusal.



Conflict with existing land use, as an approved "childcare centre" currently operates from the dwelling on the subject site.

The premises does not have a formal approval for a childcare centre, rather the dwelling is used as part of a family day care scheme, where family and friends mind each-other's children. A planning approval is not required under the circumstances. If parents participating in the family day care scheme have concerns about the piggery, they may choose to take their children elsewhere.



Fencing of pig enclosures would not prevent them from escaping and becoming a traffic hazard.

It is in the interests of the operator to ensure that pigs are securely contained within their enclosures. A condition of approval requires fencing to be constructed to an appropriate standard. Page 25


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Grounds for objection /support

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Comment



The proposed free range piggery would be an environmental hazard as Malanda can experience up to double the rainfall recommended for this kind of operation.

An information sheet produced by DAFF states that it is "preferable" that free range piggeries be located in areas with annual rainfall of less than 750mm so as to minimise disturbance to the soil surface. While it is true that Malanda receives well in excess of 750mm annually, the information available indicates that higher or lower rainfall areas can also make acceptable locations provided that the level of management is befitting of the conditions. DAFF officers have advised that there are existing approved free range piggeries in higher rainfall areas. For example, there is a considerably larger free range piggery (399 SPUs) located in the Gympie region, where the average annual rainfall is roughly 1200mm. The Applicant has acknowledged that a higher level of management is likely to be required during periods of heavy rainfall and is agreeable to conditions aimed at avoiding or minimising adverse environmental impacts.



The land is too steep to prevent contaminated runoff from reaching the watercourse even with vegetated buffering measures in place.

The land has a gradual slope of roughly 10% and is not susceptible to landslide or erosion. Vegetated buffers and grass filter swales are only one measure aimed at minimising the potential impacts on water quality and must be viewed in combination with conditions related to pig rotation and paddock rehabilitation.



The proposal does not meet the separation distances from adjoining dwellings and roadways recommended by the Separation Guidelines for Queensland Piggeries (DPI, 2001).

The guidelines referred to were developed for conventional piggeries and do not bare the same relevance to free range piggeries, which are typically less intensive with lesser impacts, particularly in terms of odour. On this basis, it would be somewhat excessive to condition the proposal strictly in accordance with the separation distances recommended by the stated guideline. In absence of a guideline that has been developed specifically for free range piggeries; the Applicant has attempted to allay the concerns of submitters by reducing the scale of the proposal in terms of paddock area and stocking capacity (150 SPUs from 255 SPUs). A minimum separation distance from surrounding dwellings of roughly 200m would be achieved and is conditioned. DAFF officers have indicated that a separation distance of 200m from public roads would be excessive and the proposed road setback is considered appropriate. Refer to the "Planning Discussion" section of this report for further information.



The application was "not properly made" as the IDAS Forms submitted were out of date and filled out incorrectly.

The IDAS Forms submitted were the correct version effective from 31 March 2013. The fact that the application wasn't submitted until April 2013, does not mean that the forms were invalid. Council officers may use their discretion to accept an application where all of the mandatory information has not been provided or some parts of the IDAS forms have not been filled out correctly. The fact that some minor details may have been omitted from the IDAS forms has not prevented Council officers from conducting a proper assessment of the application.

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Submitters Properly Made

Residential Address

1.

Name of principal submitter Y. Horton



2.

B. & R. Barry



3.

L. & B. Duffy



4.

J. & F. Doolan



5.

Ward Pastoral Pty Ltd (J Ward)



6.

C. Duffy



7.

D. Lancini & M. Duffy



8.

J. Ward



PO Box 1465 ATHERTON QLD 4883 156 Mooma Rd, Malanda Qld 4885 PO Box 483 MALANDA QLD 4885 Residential address not provided PO Box 193 MALANDA QLD 4885 6 Mooma Rd & 22 Mooma Rd, Malanda Qld 4885 PO Box 790 MALANDA QLD 4885 11 Mooma Rd, Malanda Qld 4885 PO Box 999 ATHERTON QLD 4883 156 Mooma Rd, Malanda Qld 4885 PO Box 594 MALANDA QLD 4885 Residential address not provided 6 Mooma Road, Malanda Qld 4885 PO Box not provided PO Box 999 ATHERTON QLD 4883 Residential address not provided

PLANNING DISCUSSION The following planning discussion expands on some of key aspects of the assessment. Pig Stocking Rates The area proposed to be used for pig production (excluding vegetated buffers) is approximately 8 ha, and the proposed 150 SPUs will therefore result in maximum overall stocking rates of about 37.5 SPUs per ha assuming that 50% of the production area is being rested at any one time. This stocking density would obviously double if only 25% of the production area is utilised for pig keeping without a reduction in the number of SPUs (i.e. 75 SPUs per ha). The Applicants propose a stocking density of 20-30 growers per 0.5 ha, which equates to 40-60 SPUs per ha (1 grower = 1 SPU). For animal welfare and environmental reasons the National Environmental Guidelines for Piggeries (Australian Pork Ltd, 2010) recommends maximum stocking densities of 35-40 SPUs per hectare. A condition of approval is therefore recommended to ensure that a maximum stocking density of 37.5 SPUs per ha is not exceeded. Waste Management The average pig generates about 90 kg of waste per annum. Beef cattle can produce 10 times that amount and dairy cattle produce even more. If average cattle stocking rates were applied to the same area of land, the proposed 150 SPUs would produce a comparatively smaller volume of waste. These figures are somewhat simplistic, given that only parts of the site would be utilised for pig production at any given time and the importance of maintaining an effective rotation regime as a means of managing waste is not diminished. Recommended conditions 3.4(c), 3.6 and 3.7 all deal with key aspects of waste management by requiring the regular rotation and rehabilitation of paddocks, by prohibiting the stockpiling of waste and prohibiting swill feeding.

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Odour Separation Distances Odour is the main impact from conventional piggeries that generates complaints from surrounding residents. Free range rotational piggeries do not have the same stocking densities as intensive pig farming and so generally do not generate the same intensity of odour. It should however be noted that accurately predicting odour impacts is a very complex (and often costly) exercise and therefore careful site selection is imperative to minimising the potential impacts on nearby sensitive receptors. A receptor is a location where people are likely to live, or to spend large amounts of time, including residences, schools, hospitals, offices or public recreational areas. The aim when determining odour separation distances from piggeries is not to eliminate the possibility of odour impacts but to limit the impacts below the level most people would regard as objectionable. As peoples' perception of odour is subjective, even if conservative methods of calculating separation distances are applied, there is still no guarantee that some receptors will not be affected. Various types and levels of odour assessment have been developed for piggeries that differ in terms of the data inputs, modelling methods, output accuracy and associated costs. Generally accepted as being the simplest, most conservative and cheapest method of determining the separation distances is the "S-Factor Formula" which is outlined by both the National Environmental Guidelines for Piggeries (Australian Pork Ltd, 2010) and the Queensland Department of Agriculture, Fisheries and Forestry (DAFF) Separation Guidelines for Queensland Piggeries ("the DAFF guideline"). While the formula was developed with conventional piggeries in mind, the inputs required are either the same or can (to a degree) be adapted to free range piggeries. Although the outputs may be somewhat conservative, the onus is always on the Applicant to demonstrate that the site is appropriate for the proposed use. Given the substantial costs involved, the Applicants have opted not to submit a site specific odour assessment in support of their application. The Applicants have however provided the results of a recent study commissioned by Australian Pork Limited, dealing specifically with odour, dust and noise emissions from free range piggeries. The joint-study, prepared by the University of Southern Queensland (USQ) and the National Centre for Engineering in Agriculture (NCEA) looked at 3 free range piggeries located in South East Qld, Southern NSW and Victoria. The study found that in comparison to standard indoor piggeries and similar outdoor odour sources (e.g. beef feedlots) the odour generated by free range piggeries was in fact very low. The personal observations of researchers even go so far as to note that odour levels were barely noticeable on the study farms. The research does however note the correlation between odour levels and other variables, namely humidity and temperate, and states that ongoing monitoring is required to determine if there is a significant deterioration of odour conditions over time as result of changes in management methods. In absence of a site specific odour assessment, Council officers have used the DAFF guideline to determine what separation distances would be required if the proposal were for the establishment of a conventional indoor piggery. The aim in doing so was to identify a "worst case" baseline for comparisons sake, not to suggest strict adherence to the resulting separation distances. The DAFF guideline identifies a combination of variable and fixed separation distances. The variable separation distance is calculated using the S-Factor Formula, which is based on site specific inputs (e.g. physical barriers, terrain, receptor types) and the fixed distances are simply a static list of distances identified for various receptors. The DAFF guideline states that the variable separation distance must be compared against the list of fixed separation distances, with the greater of the two applied. The S-Factor Formula is as follows: Page 28


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Separation Distance (D) = N0.65 x S1 x S2 x S3 Where‌ N = Number of Standard Pig Units (SPU) 0.65 = Piggery size exponent determined using the results of modelling S1 = Effluent removal factor S2 = Receptor type factor S3 = Terrain factor S3 = Surface roughness factor In accordance with the DAFF guideline, the formula was populated as follows: 148m = 1500.65 x 1.0 x 5.7 x 1.0 x 1.0 Therefore, the separation distance recommended by the S-Factor Formula is approximately 150m. The following table identifies the fixed separation distances identified by the DAFF guideline that are of relevance to the proposal and also indicates whether or not the proposed paddock layout satisfies the corresponding distance: Feature

Separation distances to relevant features Distance Satisfied Comment (m) Y/N DAFF officers have indicated that a 200m setback would be excessive for a free range piggery as the risks to public health and safety are minimal. No comment. A 400m separation is considered excessive for a free range piggery and the proposal achieves a minimum separation distance of roughly 200m as identified by the ESC Planning Scheme's Primary Industry Code.

Public road – carrying > 50 vehicles per day

200

N

Watercourse

100

Y

Rural residential development (Dwellings on lots 1 to 10 ha)

400

N

250

Y*

No comment.

20

Y

No comment.

Rural farm residence (Dwellings on lots >10 ha) Property boundary

*Excluding the dwelling on the development site and the dwelling on Lot 2 on RP726243, located roughly 170m to the north-east, which is also owned by the Applicants.

As the S-Factor calculation of 150m falls below the separation distances identified above for residential receptors, a minimum separation distance of between 250-400m would normally be applied to a conventional piggery. The map below shows the approximate separation distances between the proposed paddocks (excluding vegetated buffers) and the surrounding dwellings.

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Proposed Paddock Area

The proposed paddock area does not achieve the fixed separation distances identified by the DAFF guideline. There is however a real question of whether compliance with the fixed separation distances is a reasonable impost upon the Applicants given that there is credible evidence to suggest that outdoor piggeries require very little separation from surrounding receptors. In an effort to allay the concerns of neighbouring residents the Applicants refined the paddock layout to provide a minimum separation of roughly 210m from any neighbouring dwelling. This is largely consistent with the Primary Industries Code of the Eacham Shire Planning Scheme, which specifies a minimum separation distance of 200m for a conventional piggery from any dwelling on an adjoining lot. DAFF officers have also advised that the fixed separation distance of 200m from a public road would be excessive for a free range piggery. Although an alternative road separation distance was not suggested, the protection of visual amenity is the primary consideration for road frontages, particularly with Malanda-Atherton Road, being a major tourist route. The proposed separation distances are considered adequate and a condition of approval requires that a minimum separation distance of 200m is provided between the paddocks and surrounding dwellings, with the exception of those owned by the Applicants. Twenty metre (20) wide vegetated buffer strips are proposed and conditioned for the full periphery of the paddocks, providing adequate separation and screening from road frontages. Vegetated Buffers A 20m wide vegetated buffer is proposed for the full periphery of the proposed paddocks. The recommended conditions require that the buffer have a minimum planted width of 3m with grassed filter swales either side. The buffer is to be established and maintained for the life of the use and would consist of native rainforest shrub and tree species that would achieve a minimum Page 30


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height of 5m at maturity. Generally the buffer would be for the purposes of stormwater quality control, odour and dust mitigation and visual buffering. Depending on the orientation of the buffer with respect to the surrounding receptors and the prevailing winds, greater emphasis may be placed on particular aspects of the buffer design. This determination may be made by Council's delegated officer in consultation with the Applicants at the time of preparing the buffer planting plan. The following table identifies which functions of the buffer are most important having regard to its orientation. Buffer Orientation

Relevant Receptor(s)

Primary Function(s)

Approx. Wind Direction (%)

North

Neighbouring dwellings (x2), Mooma Road, Malanda-Atherton Road.

Odour and dust control.

South to North - 15%

North-East

Neighbouring dwelling (x1) owned by Applicant, Malanda-Atherton Road.

Odour and dust control.

SW to NE - <5%

East

Malanda-Atherton Road

Visual screening.

West to East - <5%

South-East

Nicholas Creek, Malanda-Atherton Road

Stormwater filtration.

NW to SE - <5%

N/A

Stormwater filtration.

North to South - <5%

Odour and dust control.

NE to SW - <10%

Visual screening.

East to West - 15%

Odour and dust control.

SE to NW - 50%

South South-West

Neighbouring dwelling (x1), Mooma Road.

West

Mooma Road

North-West

Neighbouring (x2)

dwellings

Ground Cover & Nutrient Control Loss of ground cover can result in impacts such as odour, dust, soil compaction, erosion and loss of visual amenity. Pigs should be rotated out of paddocks with less than 50% ground cover, and not reintroduced until sufficient ground cover has been re-established. The soils in the locality are a red ferrosol (kraznozem), which is generally well drained and has a large phosphorous retention capacity. Piggery research suggests that Nitrogen and Phosphorous soil build-up is not high in rotational piggeries, except when pigs are retained on individual paddocks for more than 2 years. Pigs should therefore be rotated regularly with a sufficient resting phase between stocking phases to ensure paddocks are fully rehabilitated. The Applicant has devised rotation regime that is to the satisfaction of Council officers (refer to recommended condition 3.4(c)). The regime would allow for a 3 monthly rotation period when only ground cover recovery is necessitated (i.e. no nutrient removal required). During the ground cover recovery phase, the Applicant proposes to plant sorghum, which would then provide fodder for pigs in the production phase. As nutrients build up in the soil, nutrient removal would be achieved by planting non-fodder crops that have a high nutrient uptake (e.g. pumpkins). Having harvested nutrient removal crops, it would then be necessary to again cultivate the paddocks with ground cover crops before restocking them. As the nutrient removal phase is somewhat more involved, a minimum of 6 months would be required for both cropping phases to be completed.

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Water Quality Water quality data for the Malanda area suggests that catchments are being moderately impacted by farming activities and any approval should therefore incorporate conditions for minimising additional impacts on water quality. A number of the recommended conditions would contribute to the protection of water quality either directly or indirectly. Primarily, condition 3.4(c) addresses aspects including nutrient loading, paddock rotation, water quality testing, minimum ground cover and erosion/sediment control (contour banks). The condition also prohibits the construction of man-made wallows and effluent ponds, which can pose a risk to surface and ground water supplies. Biosecurity Council officers liaised with officers from DAFF regarding the issue of biosecurity, who advised that the risks associated with free range piggeries are minimal, not warranting special consideration provided sound management practices are adopted. Access Road access to the site will be via Mooma Road, which is constructed to bitumen standard extending approximately 550m south of the intersection with Malanda-Atherton Road and a 7m wide formed gravel standard thereafter. The development site has approximately 400m of frontage to the bitumen sealed section of Mooma Road, which is constructed to the FNQROC standard for a rural road experiencing traffic volumes of less than 100 vehicles per day (6.5m wide bitumen seal). Additional frontage works are not warranted in this instance. It is not proposed that additional access points to be constructed to the service the development. If, in future, the Applicants/Operators decide to construct an additional access, it should have adequate separation from any dwelling on an adjoining property to protect residential amenity. A condition of approval recommends that a 100m separation distance be provided between any new access and neighbouring dwellings. Traffic The development will generate the following additional road movements along Mooma Road: â&#x20AC;˘ â&#x20AC;˘ â&#x20AC;˘

Employees; Transport of feed and bedding material; and Trucking of finished pigs for off-site slaughter and processing.

The associated impacts will be of a similar scale and nature to the movement of cattle and crops currently occurring on Mooma Road, and the principle road access to the site is via the State controlled road network. Roadworks external charges are not recommended and no upgrades to the local or State controlled road network are required. Date Prepared:

31 January 2014

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ATTACHMENT 1 APPROVED PLAN (ECMVS#3509686)

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ATTACHMENT 2 CONCURRENCE AGENCY RESPONSE (ECMVS# 3284117)

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ATTACHMENT 3 SUBMITTERS' LETTERS

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ATTACHMENT 4 ADDITIONAL CORRESPONDENCE

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NB: The "Separation Guidelines for Qld Piggeries" (DPI: 2001) were also attached to this letter but have been omitted due to size.

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ITEM-2

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MCAULIFFE - EXTENSION TO RELEVANT PERIOD DEVELOPMENT PERMIT FOR A RECONFIGURATION OF A LOT (STAGES 3 TO 10 - 96 RURAL RESIDENTIAL LOTS) LOT 201 ON SP235327, SITUATED AT DAVIES ROAD, MALANDA - DA/14/0004

14B

DOCUMENT INFORMATION

MEETING:

Ordinary

MEETING DATE:

20 February 2014

REPORT AUTHOR/ OFFICER’S TITLE:

Peter Pattison, Senior Planner

DEPARTMENT:

Community and Regional Planning

APPLICATION PREMISES APPLICANT Grant McAuliffe ADDRESS Davies Road, Malanda DATE REQUEST 13 January 2014 RPD Lot 201 on SP235327 FOR EXTENSION OF RELEVANT PERIOD LODGED TYPE OF Preliminary Approval and Development Permit APPROVAL PROPOSED Preliminary Approval for Reconfiguring a Lot under the superseded DEVELOPMENT planning scheme and overriding that scheme so that the 2006 IPA planning scheme rural residential codes and provisions apply, and a subsequent Development Permit for Reconfiguring a Lot (Stages 1 and 2) in accordance with the 2006 IPA planning scheme rural residential codes and provisions

FILE NO LODGED BY PLANNING SCHEME ZONE

LEVEL OF ASSESSMENT SUBMISSIONS

ATTACHMENTS:

DA/14/0004

AREA 118.38 ha OWNER G McAuliffe and others Superseded Planning Scheme for the Shire of Eacham Superseded Planning Scheme for the Shire of Eacham - part Park Residential and part Residential Rural (Eacham Shire Planning Scheme 2006 - Rural Zone) Impact 46 submissions

1. 2. 3.

Decision Notice (excluding concurrence agency conditions) Applicant’s request to extend relevant period Concurrence Agency response dated 21/1/14 Page 95


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Policy for the Assessment of Extensions to Relevant Period for Development Approvals

EXECUTIVE SUMMARY Council approved a development application described in the above application details at its meeting held on 17 February 2010, subject to conditions. The application was lodged and assessed under the superseded planning, was impact assessable, and forty six properly made submissions (objections) were received in response to public notification of the application. The approval will lapse on or about 23 February 2014 unless the relevant period is extended. Twine Surveys on behalf of the applicant has subsequently lodged an application to extend the relevant period for a further four years from 23 February 2014 to 23 February 2018. The representations accompanying the request argue that the current economic climate is not conducive to development. It is recommended that the application be approved in part for a two year extension to 23 February 2016 in accordance with Council's adopted Policy for the Assessment of Extensions to Relevant Period for Development Approvals. In the context of an approval under the superseded planning scheme, Council could also consider a lesser extension to 14 September 2015 to align with the current approval period of the associated Stages 3-10 reconfiguration approval.

OFFICER'S RECOMMENDATION “1.

It is recommended that, in relation to the application to extend the relevant period for the following development approval: FILE NO LODGED BY PLANNING SCHEME ZONE LEVEL OF ASSESSMENT SUBMISSIONS

DA/14/0004 AREA 118.38 ha G McAuliffe OWNER G McAuliffe and c/- Twine Surveys Pty Ltd others superseded planning scheme for the Shire of Eacham. part Park Residential and part Residential Rural Impact 46 submissions

and in accordance with the Sustainable Planning Act 2009, as amended, the following (A) 2.

The relevant period be extended from 23 February 2014 to 23 February 2016.

A Notice of Council’s decision be issued to the applicant and Department of State Development Infrastructure and Planning, State Assessment and Referral Agency (SARA) via email CairnsSARA@dsdip.gov.au Ref: SPD-0114-004421 advising of Council’s decision”. H

H

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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.

This large parcel of land is located about 5 km outside Malanda and has road frontage to the sealed Rosewood Close and unsealed Davies Road, and can be accessed via those roads. It is on the fringe of a large, established rural residential area, and is directly adjoined by existing rural residential development to the north, further rural residential development on the opposite side of Davies Road, and by a small area of rural residential land containing two titles and dwellings located in the southwest corner of the site. While the land to the north (Johnstone River Estate) has been previously developed as rural residential, it contains a significant area of remnant rainforest vegetation and habitat and the majority of its current residents are actively involved in the protection and retention of those values. The eastern boundary of the site is the Johnstone River and the adjoining land to the south is zoned rural and contains a large dairy farm. The subject land is currently partly used for grazing purposes by that adjoining dairy farm. The site topography is characteristic of the area â&#x20AC;&#x201C; undulating and regular with most of the site having low to moderate gradients. There is a watercourse running through the site from south to north and there are three farm dams on that watercourse, along with some remnant vegetation. There is also an extensive area of remnant vegetation along the Johnstone River that is covered by a 27 ha Nature Refuge Agreement under the Nature Conservation Act (the Johnstone River Nature Refuge). BACKGROUND AND CONTEXT In 1992 the land was rezoned to part Park Residential (minimum lot size 4000 sq m), and part Residential Rural (minimum lot size 1 ha), under the superseded planning scheme. In 2002, the proponent was granted approval for a reconfiguration of the entire site into (7) Residential Rural lots and (5) Rural General Farming allotments. This approval lapsed in October 2007 and the current Qld government Nature Refuge was established under the Nature Conservation Act over the remnant vegetation at about the same time. Page 98


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In 2005, a reconfiguration approval for 13 rural residential lots was granted under the superseded scheme and these allotments were subsequently developed under that approval as the lots on the western end of Rosewood Close. The 2006 IPA scheme removed the land from the Park Residential and Residential-Rural zones and placed it in the Rural zone because the then Eacham Shire Council believed that there was an oversupply of zoned but undeveloped rural residential land. In 2008, the Tablelands Regional Council approved a separate material change of use application for a change from Rural to Rural Residential for 13 lots at the western end of Rosewood Close (subsequently developed and sold), and a separate reconfiguration application under the superseded scheme for a further 7 lots at the end of the Rosewood Close cul-de-sac that have also subsequently been developed and mostly sold. The subject application was lodged in March 2008. On 15 April 2008, the Tablelands Regional Council agreed to assess the subject application against the provisions of the superseded scheme and the application was approved, subject to conditions, on 17 February 2010. An associated (but separate) DA/14/0001 reconfiguration application for Stages 3 -10 of the subject development was lodged in May 2010, and was the subject of a deemed approval in September 2011. That approval remains current until 14 September 2015. The applicant subsequently requested a negotiated decision notice, and this request is in abeyance until the developer amends the underlying subject approval so that it is consistent with the NDN request. A separate Reconfiguration of a Lot application (boundary realignment) DA/14/0012 was lodged on February 2014 to realign the boundary between Lot 9 on SP235327 and Lot 201 on SP235327 (the subject land). The applicant has not obtained the required, associated operational works approval for the subject development, and has not commenced any construction related to this subject approval in the four years since approval was granted.

ASSESSMENT AND DECISION REQUIREMENTS Assessment rules Section 388 of SPA requires that Council must have regard to: the consistency of the approval, including its conditions, with the current laws and policies applying to the development, including, for example, the amount and type of infrastructure contributions, or charges payable under chapter 8, part 1.

â&#x20AC;˘

If a new application was lodged for this proposal, it would have to be assessed against the following planning instruments (which did not form part of the original assessment): Applicable Planning Instruments â&#x20AC;˘

Eacham Shire Planning Scheme 2006 (as amended V2 2010) The application was assessed and approved under the superseded scheme for Eacham Shire. This scheme is no longer current, and any new application would be in conflict with this scheme because the land is zoned Rural under that scheme. Page 99


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Far North Queensland Regional Plan 2009-2031 The Far North Queensland Regional Plan 2009-2031 placed the subject within the Regional Landscape and Rural Production Area. The subject development approval is not consistent with this land use designation, and would conflict with the associated rural land subdivisional provisions.

Draft TRC Planning Scheme The draft planning scheme places the subject land into the Rural Residential Zone (4,000 sq m precinct), and to that extent the subject development approval is consistent with the draft planning scheme.

Single State Planning Policy This single state planning policy came into effect on 2 November 2013 and replaces the multiple policies previously in existence. This policy defines the Qld government state interests in land use planning and development. Any new application would be subject to its Part E Interim development assessment requirements statutory provisions for biodiversity and natural hazards.

the community’s awareness of the development approval

The original development application was Impact Assessable and subject to public notification. Forty six submissions (objections) were made to the original application. The objections are summarised below: 1) The development is not consistent with the Regional Landscape and Rural Production Area provisions of the Regional Plan. 2) There is not sufficient demand or need for the proposed lots and there is already sufficient vacant developed rural residential land available. 3) The remnant vegetation on, and adjoining, the site has significant ecological values and is habitat for a range of wildlife including tree kangaroos. It has important corridor and connectivity values and should be preserved. The development will lead to loss of habitat, more roadkills and wildlife deaths caused by domestic pets, weed invasion, vandalism, erosion and littering. 4) The development will lead to increased population which will have a detrimental effect on Malanda and the surrounding area. 5) The scale of the development is too large and the lots sizes are too small. The development will detract from the existing rural lifestyle amenity of the area. 6) The existing infrastructure is inadequate and cannot service the development and the development will impact on the ground and surface water assets in the area. 7) The development will lead to loss of agricultural land. 8) The development will impact on downstream water quality in the Johnstone River and the health of this catchment.

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9) Figtree Close and Mundey Road are not capable of accommodating the extra traffic generated by the development. The application was impact assessable and therefore publically notified, and 46 submissions were received in response to that notification. The application was also the subject of media publicity and public debate. However, it is likely that the community's awareness of the approval has faded because no development has been undertaken in the four years since. This is considered to be a further argument for the recommended extension period. •

whether, if the request were refused – (i) (ii)

further rights to make a submission may be available for a further development application; and the likely extent to which those rights may be exercised;

A further development application would be Impact Assessable and subject to public notification. •

the views of any concurrence agency for the approval given under section 385. The original application triggered referral to the Department of Main Roads and Transport, the Department of Natural Resources and Mines, and the Dept of National Parks, Sport and Recreation. On 1 July 2013, the State Assessment and Referral Agency (SARA) commenced. Under these changes, the Department of State Development, Infrastructure and Planning (DSDIP) is the assessment manager or referral agency for all relevant development applications and has become the single lodgement and assessment point where the State has a jurisdiction under SPA. DSDIP advised in a letter dated 21 January 2014 that they have no objection to the proposed extension to the relevant period, from a state interest perspective (Attachment 3).

Policy for the Assessment of Extensions to Relevant Period for Development Approvals Council adopted this Policy on 6 February 2014 (see Attachment 4). The Policy stipulates that, in approving requests for extensions to the currency period, Council will grant a two year extension where development has not commenced (as is the case here). RECOMMENDATION Officers recommend that an extension be granted to 23 February 2016 for the following reasons: 1. The applicant has not obtained the required, associated operational works approval and has not commenced any construction in the four years since approval was granted; 2. The approval was given under a planning scheme that was superseded over seven years ago; 3. The draft TRC planning scheme (and associated infrastructure charges regime) will likely commence later this year. A re-examination of the approval in September 2015 is therefore appropriate;

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4. Council's Policy for the Assessment of Extensions to Relevant Period for Development Approvals provides for a two year extension under these circumstances; Considering this approval was granted under the superseded planning scheme, Council could also consider a lesser extension to 14 September 2015 to align with the current approval period of the associated Stages 3-10 reconfiguration approval. It is noted that the approval would likely be recommended for refusal if assessed under the current Eacham Shire Planning Scheme 2006. Council's decision to assess the application under the superseded planning scheme was made in the context of the compensation provisions of the Integrated Planning Act 1997. This shorter extension would be justified in these circumstances which are not considered as part of Council's policy. Date Prepared:

10 February 2014

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ATTACHMENT 1

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ATTACHMENT 2

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ATTACHMENT 3

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ATTACHMENT 4

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ITEM-3

Thursday 20 February 2014

FLOYD RISSER (ELDAAH PTY LTD) - RECONFIGURATION OF A LOT - STAGE 3 (31 LOTS) AND STAGE 4 (27 LOTS) LOT 4 ON RP706912 (NOW LIT 102 ON SP219102) SITUATED AT LODER STREET/KENNEDY HIGHWAY, ATHERTON - DA/13/0173

15B

DOCUMENT INFORMATION

MEETING:

Ordinary

MEETING DATE:

20 February 2014

REPORT AUTHOR/ OFFICER’S TITLE:

Peter Pattison, Senior Planner

DEPARTMENT:

Community and Regional Planning

APPLICATION PREMISES Floyd Risser ADDRESS Loder Street/Kennedy (Eldaah Pty Ltd) Highway, Atherton C/- Twine Surveys Pty Ltd DATE REQUEST 13 January 2014 RPD Lot 4 on RP706912 FOR CHANGE TO (now developed into DEVELOPMENT Lot 102 on SP219102) APPROVAL LODGED TYPE OF Development Permit APPROVAL PROPOSED Reconfiguration of a Lot – Stage 3 (creating 31 lots ) and Stage 4 DEVELOPMENT (creating 27 lots) + balance lot APPLICANT

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

ATTACHMENTS:

DA/13/0173

23.83 Ha (original parcel) Twine Surveys Pty Ltd OWNER Eldaah Pty Ltd Atherton Shire Planning Scheme 2002 (amended December 2004) AREA

Residential Planning Area/ Atherton District Plan Map Code Assessable Not applicable

1. 2. 3. 4.

Amended Decision Notice – dated 13 October 2008 Applicant’s request to change development approval dated 10 January 2014 Department of State Development Infrastructure & Planning response dated 21 January 2014 Development Manual Standard Drawing - Street trees Page 132


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PDR Engineers email of 10 January 2014

EXECUTIVE SUMMARY Council approved a development application for Stages 3 and 4 of Pleasant View estate (as described in the above application details) at its meeting held on 7 February 2008, subject to conditions. A subsequent 2008 request for a change to the development approval conditions for this approval was agreed to. Construction of the 31 lot Stage 3 has been completed and a bank guarantee bond of $9,000 is being held for installation and establishment of street trees within that stage. Engineering construction of Stage 4 has also been completed and a further bank guarantee bond of $8,000 is being held for the Stage 4 street trees required for four residential lots released under SP261250. The applicant has lodged a further request to change this development approval to delete condition 12. This condition requires the provision of street trees. Statutory Guideline 06/09 (Substantially different development when changing applications and approvals) provides assistance to the assessment manager in determining if a proposed change constitutes a substantially different development. It is considered that the proposed change/s will not result in a substantially different development and constitute a permissible change under section 367 of SPA. Considering the broader benefits to Council and the community, it is recommended that the request to delete the condition regarding street trees be refused. In accordance with the Sustainable Planning Act 2009 all conditions relating to infrastructure charges should be deleted and an Adopted Infrastructure Charges Notice be issued.

OFFICER'S RECOMMENDATION It is recommended that: â&#x20AC;&#x153;1. In relation to the application to change the following development approval: APPLICATION PREMISES Floyd Risser ADDRESS Loder Street/Kennedy (Eldaah Pty Ltd) Highway, Atherton C/- Twine Surveys Pty Ltd DATE REQUEST 13 January 2014 RPD Lot 4 on RP706912 FOR CHANGE TO (now developed into DEVELOPMENT Lot 102 on SP219102) APPROVAL LODGED TYPE OF Development Permit APPROVAL PROPOSED Reconfiguration of a Lot â&#x20AC;&#x201C; Stage 3 (creating 31 lots ) and Stage 4 DEVELOPMENT (creating 27 lots) + balance lot APPLICANT

and in accordance with the Sustainable Planning Act 2009, as amended, the following:

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(A) Condition 12 of Councilâ&#x20AC;&#x2122;s Decision Notice must remain as decided by Council on 8 October 2008. (B) Condition 6 (Roadworkâ&#x20AC;&#x2122;s External Contribution) of Council's Decision Notice issued on 13 October 2008 be deleted and replaced by an Adopted Infrastructure Charges Notice. (C)

Condition 15 (Water Supply Infrastructure Charges) of Council's Decision Notice issued on 13 October 2008 be deleted and replaced by an Adopted Infrastructure Charges Notice.

(D)

Condition 17 (Sewerage Infrastructure Charges) of Council's Decision Notice issued on 13 October 2008 be deleted and replaced by an Adopted Infrastructure Charges Notice.

(E)

Condition 21 (Stormwater Drainage Contributions) of Council's Decision Notice issued on 13 October 2008 be deleted and replaced by an Adopted Infrastructure Charges Notice.

(F)

The following additional Condition 38 be added to Council's Decision Notice issued on 13 October 2008 as follows: The development approval would not have been issued if not for the conditions requiring the construction of infrastructure or the payment of infrastructure charges within the conditions of approval or the Adopted Infrastructure Charges Notice.

(G)

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

Infrastructure Charge

Lots

Rate

Current Amount of Charge

Stage 3: Rate

Amount of Charge as at 04/02/2009 $44,005.70

Name

Lots

Road Works External Contribution

31

Street Lighting Contribution

n/a

Water Infrastructure Charges

31

Water Service Connection: Water meters, upstands and concrete supports

31

$484.50

$15,019.50

Sewerage Infrastructure Charges

31

2.9 EP x $1,255.50 = $3,639.50

$112,824.50

Stormwater Drainage Catchment Contribution: Peakes Gully

31

$541.00

$16,771.00

TOTAL CURRENT AMOUNT OF CHARGE

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$1,419.53 $242.00 per street light 2.9 EP x $1,656 = $4,802.40

$2,420.00 $148,874.40

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Infrastructure Charge

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Lots

Rate

Current Amount of Charge

Stage 4: Name

Rate

Lots

Road Works External Contribution

27

Water Infrastructure Charges

27

Sewerage Infrastructure Charges

27

Stormwater Drainage Catchment Contribution: Peakes Gully

27

$1,411.85 2.9 EP x $2,005 = $5,814.50 2.9 EP x $1,520 = $4,408.00 $655.00

TOTAL CURRENT AMOUNT OF CHARGE

(H)

Amount of Charge as at 22/01/2014 $38,119.95 $156,991.50 $119,016.00 $17,685.00 $331,812.45

The following advice clauses be included in the approval: (4)

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

(5)

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 Councilâ&#x20AC;&#x2122;s Fees & Charges Schedule for each respective financial year.

2.

A Notice of Decision on Request to Change a Development Approval be issued to the applicant and the State Assessment Referral Agency (SARA reference SPD-0114-004422) advising of Councilâ&#x20AC;&#x2122;s decision.

3.

That the applicant also be notified that Council requires the Stage 3 and 4 street trees to be installed by 3 March 2014."

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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.

Pleasant View Estate is located on the south eastern edge of Atherton, and has road frontage to the Kennedy Highway, Mitchell Drive & Lavender Crescent. The northern part of the site is designated residential, while the southern section adjoining the International Club is designated as Rural (where GQAL) Planning Area.

BACKGROUND AND CONTEXT Development of Pleasant View Estate has been occurring in stages since the early 1990â&#x20AC;&#x2122;s. Stage 1 (SUB 94-20) created 10 lots fronting Loder Street, Stage 2 (IPA 04-93) created 18 lots, Stage 3 created 31 lots, and Stage 4 will create a further 27 lots. The original court Consent Order of 23 March 1993 for a seven staged development lapsed after the development of Stage 1. Each subsequent development application has therefore been assessed on its merits against the provisions of the current planning scheme. A subsequent request for a change to the development approval conditions was approved on 8 October 2008. Street trees were required as part of the Stage 3. It has been completed and a bank guarantee bond of $9,000 is being held for installation and establishment of street trees. Engineering construction of Stage 4 has also been accepted on-maintenance, and a further bank guarantee bond of $8,000 is being held for the street trees required for four residential lots released under SP261250. This application to change a development approval relates to Condition 12 (Attachment 1) which requires provision of street trees, and the applicant also made a verbal presentation to Council on 16 January 2014 about this matter.

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BENEFITS OF STREET TREES It is widely accepted that street trees in residential areas provide social, economic, health, amenity and environmental benefits. Those benefits include controlling urban temperatures and home energy costs, improving air quality and visual amenity, reducing suburban background noise levels, helping to control stormwater quality and runoff, assisting with suburban traffic calming, providing habitat and a pleasant pedestrian environment, and increasing property values. Tree shade can also extend the life of asphalt pavement by up to 30%. Effect on Property Values There is documented evidence that street trees increase the value of properties. - 2013 University of WA research over 23 suburbs of Perth found that street trees increased individual property values in those areas by $16, 889; - a 2002 University of Adelaide paper (The Economic Value of Trees in Urban Area: Estimating the Benefits of Adelaide's Street Trees) concludes that street trees contribute an increase of 1-3 % to average house values; - a 2004 survey by the Real Estate Institute of Queensland found that the value of homes in leafy streets were up to 30% higher than homes in the same suburb without trees; - similar US studies suggest a 10-15% property value premium for street trees. This documented effect on property values is strong evidence that homeowners and prospective buyers recognise, and desire, the identified benefits of street trees and are prepared to pay a premium for them. The images below show successful integration of street trees, street parking, and residential development.

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POLICY FRAMEWORK FOR STREET TREES Under the Atherton Shire Planning Scheme Reconfiguring a Lot code provisions, subdivisional design must address streetscape requirements, including tree planting. In addition, Planning Scheme Policy No 1 details acceptable standards for street construction in accordance with the FNQROC Development Manual. Within the Development Manual, D9.04 Landscaping (General) specifies that: At the time of development, the developer shall provide all on-street landscaping, this shall include street tree planting, grass establishment to road verges, and landscaping of traffic islands and buffer mounds. All contemporary urban street design guidelines and source material such as Queensland Streets (and its present version Complete Streets) consider that street trees are an integral and important element of modern residential streetscapes. It should be noted that one of the additional drivers for installation of street trees at the time of construction is to discourage subsequent ad-hoc planting of street trees by homeowners using inappropriate species in the wrong location. There are examples of this in Pleasant View Estate.

INFRASTRUCTURE AND MAINTENANCE SERVICES The General Manager Infrastructure and Maintenance Services has reviewed the applicant's request to remove the requirement for street trees, and has confirmed that he supports the continued planting of appropriate street trees in new residential subdivisions.

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ASSESSMENT AND DECISION REQUIREMENTS Permissible change for a development approval The requested changes to the development approval must constitute a permissible change under section 367 of SPA. For deciding whether a change is a permissible change the planning instruments in force at the time of the request apply. A permissible change to the approval would not:•

result in a substantially different development Statutory Guideline 06/09 (Substantially different development when changing applications and approvals) provides assistance to the assessment manager in determining if a proposed change constitutes a substantially different development. The following list provided in the Statutory Guideline identifies changes that may result in a substantially different development and would therefore not be a permissible change under SPA. The list is intended as a guide and is not intended to be exhaustive. A change may result in a substantially different development if the proposed change: • Involves a new use with different or additional impacts • Results in the application applying to a new parcel of land • Dramatically changes the build form in terms of scale, bulk and appearance • Changes the ability of the proposal to operate as intended • Removes a component that is integral to the operation of the development • Significantly impacts on traffic flow and the transport network, such as increasing traffic to the site • Introduces new impacts or increases the severity of known impacts • Removes an incentive or offset component that would have balanced a negative impact of the development • Impacts on infrastructure provision, location or demand It is considered that the proposed change will not result in a substantially different development.

require referral to additional concurrence agencies The proposed change does not result in a development requiring referral to additional concurrence agencies.

for an approval for assessable development that previously did not required impact assessment – require impact assessment The proposed change does not result in a change to the level of assessment.

for an approval for assessable development that previously required impact assessment – be likely, in the responsible entity’s opinion, to cause a person to make a properly made submission objecting the proposed change, if the circumstance allowed The proposed change does not give rise to matters which may have attracted further submissions. Nor does the proposed change lessen or delete conditions which were imposed to mitigate impacts of the development.

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cause development to which the approval relates to include any prohibited development.

The proposed change does not include any prohibited development. The proposed change to the development approval constitutes a permissible change to the approval. Assessment rules Section 374 of SPA requires that Council must assess the proposed change having regard to: the information the person making the request included with the request

The details of the request to change the approval were provided by the applicant in a letter to Council dated 10 January 2014. The proposed changes and response are addressed in the body of this report. the matters the responsible entity would have regard to if the request were a development application

If a new application was lodged for this proposal it would be assessed against the same planning instruments as was the original development application. Additional planning instruments have also come into effect. •

Far North Queensland Regional Plan 2009-2031 The subject land is included in the Urban Living Footprint and the created lot sizes are consistent with this designation.

State Planning Policy This single state planning policy came into effect 2 November 2013 and replaces the multiple policies previously in existence. This policy defines the Qld government policies about matters of state interest in land use planning and development. It has no relevance to the requested change.

Proposed TRC Planning Scheme The draft planning scheme splits the subject land into both the Low Density Residential Zone and the Rural Zone and to that extent the subject development approval (on land designated in the Low Density Residential Zone). The draft scheme retains the requirement for provision of street trees in accordance with the Development Manual, and to that extent the requested change conflicts with the draft scheme.

• if submissions were made about the original application – the submissions The original development application was Code Assessable and therefore was not subject to public notification. • any notice about the request give under section 373 (notices from Concurrence Agencies) to the entity Page 140


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The original application triggered referral to the Department of Transport & Main Roads. On 1 July 2013, the State Assessment and Referral Agency (SARA) commenced. Under these changes, the Department of State Development, Infrastructure and Planning is the assessment manager or referral agency for all relevant development applications and has become the single lodgement and assessment point where the State has a jurisdiction under SPA. The Department of State Development Infrastructure & Planning advised in a letter dated 21 January 2014 that they have no objection to the proposed change (Attachment 3). â&#x20AC;˘ any pre-request response notice about the request No pre-request response notices were received.

REQUEST TO CHANGE THE DEVELOPMENT APPROVAL Condition 12 (12) Street trees One street tree must be provided in the nature strip of each lot created. The trees must have a maximum height at maturity of 4 metres. The plan depicting species must be submitted to the Manager Shire Planning for approval. The street trees must be planted in accordance with the approved plan. Request by applicant - Applicant's written submissions: The applicant's written reasons for requesting deletion of Condition 12 (street trees) are as follows:

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Comments: Correspondingly numbered comments are provided below: 1. This is not a significant issue because the vast majority of new homes being constructed in Atherton are project homes without central garages (garages are located to one side) and no homes with centrally located driveways are evident in Pleasant View Estate. Within Atherton Rise estate new homes have been constructed without damage to the installed street trees. Any such problem would be exacerbated in Atherton Rise because of the much smaller lots. 2. Any such impacts can be avoided through designed siting and appropriate choice of species. Council has a list of appropriate street trees for Atherton. 3. The applicant argues that dwellings with double garages, additional driveway parking, and a 20 m road frontage, do not have sufficient parking capacity for the average household in conventional residential development. This results in onstreet parking (including vehicles parked opposite each other) which restricts road traffic, which in turn leads to footpath parking and associated conflict with street trees. Page 142


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While carparking on footpaths (either partly or fully) does occur, officers do not consider that this creates a significant conflict with street trees. 2011 ABS census statistics indicate that the average number of cars per household for Queensland is 1.8. Kerb to kerb street widths within Pleasant View Estate (and Atherton residential areas in general) range between 6.5-8.5m. This provides a minimum trafficable lane width of 3.2 m even with carparking on one side of the street. Directly opposing vehicle parking is a very rare event in residential areas. This was confirmed through a random audit of residential areas in Atherton and some parts of Cairns, using aerial imagery and Google Map Street View. This audit found no examples of opposed parking. 4. The applicant argues that the maintenance of street trees by homeowners leads to negative attitudes towards Council. Officers are not aware of any past examples of this for the TRC. 5-7 The applicant argues that maintenance of street trees creates additional work for Council. This maintenance work is not considered to be a significant cost factor by the General Manager Infrastructure and Maintenance Services, and is simply one of the many Council services provided to rate payers through rates revenue. Maintenance costs are minimised under the current street tree provisions of the FNQROC Development Manual and the associated approval of specific, low maintenance species. The source of the applicant's claim that urban trees have an average life span of 8 years is not known. Again, this is a question of appropriate species choice and officers consider that a far longer life span can be achieved on the Tablelands with appropriate species choice. 8.

Some tree species do drop sap and leaves. These impacts can be largely dealt with through appropriate, Council controlled, choice of species.

9.

Gardens and vegetation are rapidly established by the residents of new housing estates and street trees are a minor aspect of this process. While the applicant believes that trees attract birds which then defecate on parked cars, it can also be argued that street trees offer an alternative perch for birds that would otherwise perch on parked cars.

Applicant's 16 January verbal submissions to Council 1) trees restrict parking on footpaths Comment: This argument has been previously addressed. 2) footpath trees are impacted on by parked cars Comment: It is unlikely that mature trees will be significantly impacted by parked cars, unless wilful damage is intended. Juvenile trees could be damaged inadvertently, and damage or loss can sometimes occur at the time of dwelling construction. There is no evidence of this problem occurring with the installed street trees in Atherton Rise. 3) footpath tree roots affect infrastructure Comment: In the past, infrastructure has been affected by the roots of inappropriate trees species (eg eucalypts, figs, umbrella trees etc). The problem can be avoided by adhering to the street tree provisions of the FNQROC Development Manual and the associated approval Page 143


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of appropriate species. Minimum setbacks from power, streetlights, stormwater pits, intersections and kerbs are specified by the Manual, which also requires the installation of root barriers and directors. The Development Manual standard drawing for street trees is shown in Attachment 5. Officers are not aware of any root problems within recent TRC residential developments. 4) mooted CRC amendments to FNQROC Development Manual will remove the requirement for street trees. Comment: This is not correct. Officers understand that Cairns Regional Council is only considering installation of street trees after dwelling construction. This is confirmed by the applicant's consulting engineer, Mr Jeff Sue Yek from PDR Engineers in Attachment 5. Conclusion After assessment of the request to change, and the associated representations, officers have concluded that the evidence and research does not substantiate the applicant's views on street trees. On that basis, their arguments are not considered to be sufficient justification for removal of the requirement to install street trees. Officers do not support the requested removal of the condition, particularly given the previous success, advantages and overall community benefit attached to street trees, and the absence of any documented community or homeowner concern. It is noted that the levels of community acceptance and support for street trees are so strong in some areas that other Councils are actively planting street trees in established residential developments that were not planted at the time of development. Alternative Street Tree Planting Arrangements As an alternative, the Council may wish to provide the developer with the option pay Council a cash contribution to cover the cost of the trees, and their planting and maintenance. The trees would then be installed by Council after most of the dwellings within the development have been constructed, thus avoiding any damage or loss of trees during that dwelling construction phase. Should Council wish this process could incorporate writing to land owners requesting they advise Council if they object to the street tree being planted. While, this arrangement may suitable for larger Councils such as CRC, small rural councils such as the TRC generally do not have the resources to undertake this work on behalf of the developer. In addition, officers don't consider there to any significant problems on the Tablelands, and that any such change can't be justified at this time. Adopted Infrastructure Charges Conditions 6, 15, 17 and 21 of the Decision Notice dated 13 October 2008 provide for contributions for roads, water & sewerage infrastructure and drainage. It is recommended that these conditions be deleted and a separate Adopted Infrastructure Charges Notice (below) be issued for these infrastructure charges.

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Lots

Infrastructure Charge

Current Amount of Charge

Rate

Stage 4: Name

Lots

Road Works External Contribution

27

Water Infrastructure Charges

27

Sewerage Infrastructure Charges

27

Stormwater Drainage Catchment Contribution: Peakes Gully

27

Rate $1,411.85/lot 2.9 EP x $2,005 = $5,814.50 2.9 EP x $1,520 = $4,408.00 $655.00/lot

TOTAL CURRENT AMOUNT OF CHARGE

$119,016.00 $17,685.00 $331,812.45

Lots

Infrastructure Charge

Amount of Charge as at 22/01/2014 $38,119.95 $156,991.50

Current Amount of Charge

Rate

Stage 3: Name

Rate

Lots

Road Works External Contribution

31

Street Lighting Contribution

n/a

Water Infrastructure Charges

31

Water Service Connection: Water meters, upstands and concrete supports

31

$484.50

Sewerage Infrastructure Charges

31

2.9 EP $1,255.50 $3,639.50

Stormwater Drainage Contribution: Peakes Gully

31

$541.00

Catchment

$1,419.53 $242.00 per street light 2.9 EP x $1,656 = $4,802.40

Amount of Charge as at 04/02/2009 $44,005.70 $2,420.00 $148,874.40 $15,019.50

x =

TOTAL CURRENT AMOUNT OF CHARGE

$112,824.50 $16,771.00 $339,915.10 (paid 04/02/2009 Receipt #122242)

In addition, it is recommended the following advice clauses be added: (4)

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

(5)

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 Councilâ&#x20AC;&#x2122;s Fees & Charges Schedule for each respective financial year.

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ATTACHMENT 1 AMENDED DECISION NOTICE DATED 13 OCTOBER 2014 (ECM VS 1724067)

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ATTACHMENT 2

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EXTRACT OF APPLICANT REQUEST TO CHANGE A DEVELOPMENT APPROVAL (ECM VS 3509332)

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ATTACHMENT 3 CONCURRENCE AGENCY RESPONSE

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ATTACHMENT 4

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ATTACHMENT 5

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ITEM-4

Thursday 20 February 2014

WAIRUNA HOMESTEAD, MT GARNET LOT 3 ON WU32 SEEKING COUNCIL'S VIEW OF THE HERITAGE SITE

16B

DOCUMENT INFORMATION

MEETING:

Ordinary

MEETING DATE:

20 February 2014

REPORT AUTHOR/ OFFICER’S TITLE: DEPARTMENT:

Dean Davidson, General Manager Community and Regional Planning Community & Regional Planning

EXECUTIVE SUMMARY The Tablelands Regional Council has recently received correspondence from the Department of National Parks, Recreation Sport and Racing in regards to the Wairuna Station Homestead on Lot 3 on WU32. The Department is seeking Council’s views on the heritage site in order that future management options can be considered. OFFICER'S RECOMMENDATION "That Council: 1.

Advise the Department of National Parks, Recreation Sport and Racing that Tablelands Regional Council continues to support the entry of Wairuna Station Homestead and cemetery, on land described as Lot 3 WU32, in the Queensland Heritage Register;

2.

Advise the Department of National Parks, Recreation Sport and Racing that Council declines the offer to become a future custodian and future asset manager of the site."

BACKGROUND In June 2013, the Department of Environment and Heritage Protection (DEHP) requested Council’s view in regards to the entry of Wairuna Station Homestead and cemetery, on land described as Lot 3 on WU32 and part of road reserve, in the Queensland Heritage Register. Council considered the application at its Ordinary Meeting held on 6 June 2013 and resolved in the following terms: 1.

That Council offer no objection to the application to enter Wairuna Station Homestead and cemetery on land described as Lot 3 on WU32 and part of road reserve in the Queensland Heritage Register as they would satisfy the following cultural heritage criteria: a)

The place is important in demonstrating the evolution or pattern of Queensland's history;

c)

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Thursday 20 February 2014

The place has a special association with the life or work of a particular person, group or organisation of importance in Queensland's history.

That Council advise the Department of Environment and Heritage Protection that there are no current development approvals in effect over Lot 3 on WU32.

The Senior Planner at the time advised DEHP that the Wairuna Station Homestead and cemetery are an important link to the State's pioneering history, particularly to the role Wairuna Station and the Atkinson family played in the development of the Queensland and Australian beef and stud cattle industry. The letter also stated that the Tablelands Regional Council strongly supported the entry of Wairuna Station Homestead and cemetery in the Queensland Heritage Register. Following this letter Council was contacted by the Department of National Parks, Recreation Sport and Racing (DNPRSR) and invited to carry out an inspection of the site. On 19 November 2013, a site visit was carried out with Council representatives and the State. The purpose of the visit was to investigate whether council may consider taking on this homestead as a tourist destination. In addition to this the State has also advised that Council may wish to consider sub leasing the site for grazing purposes. Wairuna Station is approximately 2.5 hours from Atherton and access is via 50km of gravel road off the Gunnawarra Road. In summary the following information has been provided by Council’s Supervisor Building and Plumbing: •

• • • • • • •

The homestead is on elevated ground surrounded by 360 degree flood plains. This flood plain would make the homestead inaccessible during the wet for approximately 2 to 3 months per year; The station homestead includes a 1940s timber residence with wide verandas attached to a small homestead building; Substantial works would be required to be undertaken to make the site safe, including the removal of asbestos and hazardous items; Several structures are beyond repair and would require demolition; Water supply could be an issue; The main dwelling would require substantial work if it was to be used for home stay purposes before it would comply with the Building Act 2005; The single men's quarters comprising 3 bedrooms with adjoining showers and facilities, would all require a lot of renovation; The buildings considered to be in reasonable condition include: o Three bay timber and iron carport with a cement floor; and o Timber and iron workshop and saddle room with timber floor.

From a planning perspective, the subject site is included in the Rural Zone of the Herberton Shire Planning Scheme. Any change in use of the homestead is likely to be an assessable development under the planning scheme requiring a development application. On 7 January 2014, Council received further correspondence from DNPRSR advising the following: • The Department is keen to better understand Council’s interest and preparedness to become custodian and future asset manager of the site, or part thereof; • The Department is actively exploring viable options that may make available the heritage listed assets, associated infrastructure, and an extended area of the Wairuna Property adjacent to the homestead as a means of ensuring that future management can operate effectively and efficiently;

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The Department has recently received capital funding and is seeking expert advice to assist the State meets its obligations to the preservation of the heritage values with any works beyond that being subject to available funds; Part of the Wairuna property has recently been included in the Warrungu Native Title determination and provides for non exclusive possession of part of the Wairuna property.

Ultimately the Department is seeking Council’s views in order that future management options can be considered. Should Council wish to consider declaring an interest in becoming custodian and future asset manager of the site, careful consideration of a business case and management procedures would be necessary to ensure financial stability.

LINK TO CORPORATE PLAN

Asset Management

Ensure a structured management approach is applied to the region’s assets through a proper regime of investment, maintenance, renewal and disposal.

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CONSULTATION Internal Manager Regional Planning Manager Community Services Supervisor Building and Plumbing External QPWS LEGAL IMPLICATIONS (STATUTORY BASIS, LEGAL RISKS) NIL POLICY IMPLICATIONS NIL FINANCIAL & RESOURCE IMPLICATIONS Capital Should Council elect to take on the ownership there could be significant Capital Expenditure required, however this would have to be fully evaluated. Operating Should Council elect to take on the ownership, an operational budget would be required for ongoing operation maintenance and expenditure. Is the expenditure noted above included in the 2013/2014 budget? No If not you must recommend how the budget can be amended to accommodate the expenditure This would be subject to the budget for the 14/15 Financial Year. IMPLEMENTATION/COMMUNICATION Advise Department of National Park, Recreation Sport and Racing of the Council resolution. ATTACHMENTS 1.

Letter received from Department of National parks, Recreation Sport and Racing - DW# 2925469

Date Prepared:

13 February 2014

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COMMUNITY SERVICES ITEM-5 17B

REGIONAL ART DEVELOPMENT FUND - QUICK RESPONSE GRANT APPLICATION - 7 JANUARY 2014 - COMMITTEE RECOMMENDATIONS

DOCUMENT INFORMATION

MEETING:

Ordinary

MEETING DATE:

20 February 2014

REPORT AUTHOR/ OFFICER’S TITLE:

Christine Larkin, Manager Community Services

DEPARTMENT:

Community & Regional Planning

EXECUTIVE SUMMARY The Tablelands Regional Council RADF Committee responded to a request for a Quick Response Grant application received on 7 January 2014 as part of the 2013/2014 RADF program. The committee assessed this application according to the RADF funding guidelines and gave consideration to the priorities for the Tablelands region, as outlined in Council's Arts and Cultural plan. Of the one application received, the committee recommend that this project receive funds from the RADF program, using allocated funds from the Quick Response budget. OFFICER'S RECOMMENDATION "That Council ratify the following recommendation from the Tablelands Regional Council RADF Committee: 1. Approve Sarah Scragg attend the Australian International Documentary Conference in Adelaide, 4-9 March 2014 for a total cost of1,066 excluding GST" BACKGROUND The Quick Response Grants are to support professional development opportunities that become available out of the normal local RADF rounds. The application summary is provided below. Applicants: Sarah Scragg, Yungaburra - Category 1 Developing Regional Skills – For the last eighteen months Sarah has been filming local artist William T Cooper as he prepared a series of works for his final exhibition. These were displayed in a preview exhibition at the Tableland Regional Art Gallery in September 2013 prior to their display and sale at Morpeth Gallery in NSW. Sarah has now completed filming and will finish this documentary by the end of February 2014. The finished documentary will have the potential to reach an International audience. The 2014 Docweek is an International documentary conference in Adelaide which includes master classes, film maker Page 181


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conversations, forums and opportunities for meetings with buyers. By attending this, Sarah will gain access to meet face to face with other filmmakers and professionals and to pitch the project concept to buyers. She plans to meet with commissioning editors from networks including BBC, TVF, ARTE, Ronin Films, Kanopy and ABC in order to achieve this. She will also have access to a wealth of information from which she can learn and continue to pursue her documentary film making profession, as there are limited professional opportunities for this in the North Queensland region. - Successful - $1,066

Remaining Available Budget for 2012-13 Applications Approved to fit Budget: Sarah Scragg

$36,725 $ 1,066

Total

$1,066

2012/2013 Grants Balance

$35,659

LINK TO CORPORATE PLAN 2.2 Recreational & Cultural Development 2.2.1 Support and provide opportunities for individuals, clubs and groups to participate in the arts and cultural life of the community. CONSULTATION Internal Coordinator, Tourism - Gwyneth Nevard External RADF Committee

LEGAL IMPLICATIONS (STATUTORY BASIS, LEGAL RISKS) Nil POLICY IMPLICATIONS Nil FINANCIAL & RESOURCE IMPLICATIONS Capital Nil Operating Combined remaining RADF Grant funds for the 2013/2014 financial year: $35,659 Allocations recommended 10 January 2014 RADF meeting: $1,066 Page 182


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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 candidate of decision; Agreement to be signed; Funding allocated ATTACHMENTS 1.

Nil

Date Prepared:

16 January 2014

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ITEM-6 18B

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FINANCIAL AND IN KIND SUPPORT PROGRAM

DOCUMENT INFORMATION

MEETING:

Ordinary

MEETING DATE:

20 February 2014

REPORT AUTHOR/ OFFICER’S TITLE:

Christine Larkin, Manager, Community Services

DEPARTMENT:

Community and Regional Planning

EXECUTIVE SUMMARY This report seeks to advise Council of the current status regarding the financial and in-kind support program post de-amalgamation. This report also requests that Council consider adopting the revised Financial and In-Kind Policy to reflect the current demographic and population that makes up the new TRC. • •

Nine (9) applications with a value of $1182.83 have been processed through staff delegation. Two (2) applications with a value of $4,000 are recommended for approval.

OFFICER'S RECOMMENDATION "That Council: 1. Approve: a) FIKS1502 Australian Red Cross Herberton Cash Donation $2000 One off b) FIKS1503 Mount Garnet Golf Club Inc. Cash Donation $2000 One off 2. Note the staff approved allocations 3. Advise the community that all funds for the 2013/2014 Financial year are expended in regards to the Financial and In-Kind Support Policy and no applications will be: a) Processed, and or b) Refunded retrospectively" BACKGROUND CASH DONATION for Council Approval

$4,000

FIKS1502 Australian Red Cross - Herberton Branch Cash Donation - One off

$2,000

Australian Red Cross is holding Centenary Celebrations during 2014. The Herberton branch is the oldest Red Cross branch in Australia and the only surviving branch on the Tablelands. It is appropriate that Herberton should be the location of significant celebrations in the Centenary of Red Cross in 2014. The Branch proposes to have several events throughout 2014 including a Variety Concert with significant community involvement showcasing the talent of local entertainers. A rose will be cast from metal by local artist Darryl Cooper and will be placed with a plaque on a memorial stone at the Cenotaph. A seat will be placed at the Herberton cemetery to Page 184


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recognise the vital role Red Cross has played in areas of conflict and to pay homage to the returned servicemen and women from the Herberton area who be at rest there. History - Nil FIKS 1503 Mount Garnet Golf Club Inc. Cash Donation - One Off

$2,000

The Club has recognised the need for a trailer to remove rubbish from the Club. Members currently use their own vehicles and trailers to remove the rubbish. The Club is prepared to pay the registration and insurance costs for the trailer. The Club has provided with their application, a copy of the audited financial reports for year end 30 June 2013 which shows the club has made a profit of $14,579.34. The club will pay the difference in the event that the cost of the trailer is more than the approved funding. Three quotes have been provided for the trailer. The quotes include: • Just Trailers $1,945 including GST • Taylors Trailers $2,595 including GST • Tolga Traders $2,500 including GST History - Nil STAFF APPROVED

$1182.83

FIKS1497 Malanda State School P&C Remittance of Fees - One off

$49

Malanda State School P&C requested remittance of fees from Council for the hire of the Malanda Pavilion this Friday 29 November 2013 for an end of year family celebration. The entry for the night is free to all families and each grade will be performing an item. History – Remittance of fees - one off $358.00 FIKS1499 St Matthews Anglican Church Remittance of Fees - One off

$73

St Matthew's Anglican Church requested remittance of fees from Council for the hire of the Malanda Pavilion Saturday 21/12/13 to hold Christmas carols. History - Nil FIKS1500 Tablelands Music Lovers Community Group Inc. In-Kind Assistance - One Off

$0

Tablelands Music Lovers Community Group Inc requested the use of 120 chairs and 15 tables for their fundraising music event being held on Friday 20 December 2013. A condition of this acceptance is that the group will have to collect and deliver the tables and chairs themselves as Council no longer has the resources to deliver items. FIKS1501 Herberton Business and Trade Association Inc. In-Kind Assistance - One off Page 185

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The Herberton Business and Trade Association Inc. requested In-kind assistance for the advertising for the two road closures for the Christmas and New Year eve street parties that were held in Herberton. History - In-kind assistance $1,800 FIKS1504 Sonya Frost â&#x20AC;&#x201C; Spirits in the Sky Wheelbarrow Race Team Remittance of Fees - Hall Hire

$65

The Spirits in the Sky Wheelbarrow race team are going to hold a Trivia Night on 22 February 2014 at Merriland Hall to raise money for the Tuxford family from Yungaburra who have a son, Mason. Mason was born premature and has issues with dyspraxia (disordered processing coordination, planning and carrying out plans) and developmental delays. Mason requires a special Ipad for his schooling which the team wants to purchase for him as well as other items Mason requires. Alternatively the team may pay some of the medical bills/specialist bills. Last year this Wheelbarrow race team raised funs for the Palliative Care unit for the Atherton hospital and purchased the items needed for palliative care from their fundraising efforts. History - Nil FIKS1506 Maria Gillanders â&#x20AC;&#x201C; Tai Chi Qiyong Shibashi and Tai Chi for Health and Falls Injury Prevention $396 Remittance of Fees - Hall Hire Maria Gillanders would like to hire the Yungaburra Recreation Shed each Monday night from 3 February 2014 to 30 June 2014 to conduct Tai Chi. The aim of the program is to improve flexibility and mobility of joints, expand movement range and movement coordination, improve balance control and mental health. The Tai Chi classes would also accommodate elderly people and people with disabilities. History - Nil FIKS1507 Malanda Theatre Company Remittance of Fees - Hall Hire

$144

The Malanda Theatre Company would like to hold rehearsals in the Malanda Show Pavilion every Wednesday from 26 February to 25 June 2014 from 3pm to 5.30pm. The Malanda Theatre Company is providing an after school extra curricular activity for the youth (9-18 years) of the region. The rehearsals will lead to performances which will be open to the general public. The directors, group leaders and technical support team are volunteer members of the Malanda Theatre Company and costs of the production will be met by MTC. A second group will rehearse at the same time at the Majestic Theatre. Each student pays an annual membership fee of $10. History - Nil FIKS1509 Tableland Music Lovers Community Group Inc. In-Kind Assistance - One Off

$0

Tablelands Music Lovers Community Group Inc have requested the use of 100 chairs and 15 tables for a youth music workshop being held from 17-21 January 2014. A condition of this acceptance is that the group will have to collect and deliver the tables and chairs themselves as council no longer has the resources to deliver items. History - Nil Cash, second application for in-kind support for tables and chairs

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FIKS1508 Yungaburra Community Association Cash Donation - One Off

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$300

The Yungaburra Community Association has requested a $300 cash donation towards Australia Day activities on 26 January 2014 for the Yungaburra community held at the Yungaburra Recreation Shed. A barbeque and entertainment was provided on the day. History - Nil THANK YOU LETTERS RECEIVED Uniting Care Community • The Uniting Care Community have provided to Council a certificate of appreciation for donating time, funds and goods towards Lifeline's Out of the Shadows Walk. Ngyangabarra Traditional Aboriginal Corporation • The Ngyangabarra Traditional Aboriginal Corporation have provided Council a large PowerPoint presentation as feedback for their journey "Tracks of our Ancestors' to East Arnham Land in July 2013 Southern Cross Association (FTC) Inc. Townsville Sub Committee • The Southern Cross Association has provided a thank you letter to Council in appreciation for Council's ongoing support for supplying rubbish bins and removal of those bins and the use of the camp ground at Archer Cree for the Y-Not Rally held in October 2013. Barrier Reef Sun Club Inc. • The Barrier Reef Sun Club received $1530 for financial and in-kind support in August 2013 to put towards an Automatic Emergency Defibrillator for members and visitors to use at their club at Koah. As a token of their appreciation for this grant the club donated $200 towards the Majors Christmas appeal. NAIDOC Week School Initiatives • The team at Murri Kids thank Council for their generous continued partnership of the NAIDOC Week School Initiatives. The 2013 NAIDOC Week School Initiatives final report has been provided to Council for your information and acknowledgement. St Vincent de Paul Society • St Teresa's Conference of the Vincent de Paul Society gratefully thanks Council for assisting the Community Christmas dinner. LINK TO CORPORATE PLAN A community that proudly supports a sense of place and identity within the region and contributes towards an enjoyable, active, healthy and safe living environment. A Vibrant and Healthy Community A community that supports equity and inclusiveness enabling all people to participate in regional events, cultural activities and celebrations.

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CONSULTATION Internal Dean Davidson, General Manager, Community and Regional Planning Christine Larkin, Manager Community Services Shiralee McHardie, Coordinator Community Wellbeing Jacobus Grundling, Overseer Parks and Gardens Norm Beck, Media and Communications Officer Sue Barker, Administration Officer Infrastructure Services Councillor Shaaron Linwood Carol Trost – Finance Manager External Nil LEGAL IMPLICATIONS (STATUTORY BASIS, LEGAL RISKS) Nil POLICY IMPLICATIONS In accordance with the Financial and In-Kind Support Program Policy and Guidelines FINANCIAL & RESOURCE IMPLICATIONS Capital Nil Operating The budget for the period 1 July 2013 to 31 December 2013 is $175,000; • The actual spend for the period 1 July 2013 to 31 December 2013 is $231,$702; • Based on the cost split methodology for the de-amalgamation using ratepayers, the overspend of $56,702 will be apportioned as follows: • TRC – $32,065.00 (56.55%) • MSC – $24,637.00 (43.45%) • As a result of the above the actual total cost to the TRC would be $207,065 ($231,702$24,637); • This would still result in an overspend for the period 01 July 2013 to 31 December 2013 of $32,065; proportioned to TRC which can be funded from the January-June budget allocation. The budget for the period 01 January 2014 to 30 June 2014 is $87,500 • Less the $32,065 over spend from the previous 6 months would leave a balance of $55,435; • The commitments (FIKs rates, rates remissions and one off approved and the 20 February 2014 application summary) for the second half of the year is estimated at $51,372.83; • This would leave an estimated balance of $4,062.17. It is important to note that the estimated balance is just that and dependant on the actual figures for the rates remissions and FIKs rates this balance could be higher or lower. Whilst the above balance does leave Council within in its current budget, in order for this position to be realized, Council would be required to resolve to increase the current FIKs budget by $24,637.00 for the amended 2013/2014 budget planned for adoption in June 2014. Page 188


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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 IMPLEMENTATION/COMMUNICATION The new Financial and In-Kind Support Program policy will be made available on the Tablelands Regional Council website and attached to the application forms. ATTACHMENTS 1.

Nil

Date Prepared:

11 February 2014

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CHIEF EXECUTIVE OFFICER 10B

ADMINISTRATION ITEM-7 19B

NOTED CORRESPONDENCE - 20 FEBRUARY 2014

DOCUMENT INFORMATION

MEETING:

Ordinary

MEETING DATE:

20 February 2014

REPORT AUTHOR/ OFFICERâ&#x20AC;&#x2122;S TITLE:

Ian Church, Chief Executive Officer

DEPARTMENT:

Office of the Chief Executive Officer

OFFICER'S RECOMMENDATION Moved by Cr <Right Click> Cr Name

Seconded by Cr <Right Click> Cr Name

"That the following correspondence be noted: 1.

Hon Ian Macdonald submits to Mayor copy of letter received from Hon Warren Truss in relation to RDAF round 5 funding

2.

Local Disaster Management Group - Minutes of Meeting

ATTACHMENTS As per above. Date Prepared: 12 February 2014

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ORGANISATIONAL SERVICES 1B

ORGANISATIONAL DEVELOPMENT ITEM-8 20B

ADOPTION OF CORPORATE PLAN 2014-2018

DOCUMENT INFORMATION

MEETING:

Ordinary

MEETING DATE:

20/02/2014

REPORT AUTHOR/ OFFICERâ&#x20AC;&#x2122;S TITLE:

Roy Evans, Senior Advisor Organisational Development,

DEPARTMENT:

Organisational Services

EXECUTIVE SUMMARY Council's 5-Year Corporate Plan for the period 2009/2013 expired at the end of December 2013. Council's Executive Leadership Team have taken the view that a comprehensive Corporate Planning process needs to take place, in order to clarify the future direction of Council, mindful of community expectations and needs in the longer-term, and establish clear strategic links between the regions many needs, available resources, Council-provided services and sustainable development. It was proposed during discussions with Councillors on 14 January 2014 that such a process takes place during 2014 in two stages: 1.

In order to meet compliance standards, review the 2009/13 Corporate Plan for application during the current year (2014), for adoption by Council as a 5-year Corporate Plan 2014 2018

2.

Undertake a more comprehensive planning review and development process during the second half of 2014, with a Corporate Plan available for adoption in December 2014, to be effective for the period 2015 to 2019.

In accordance with that process, the 2009/13 Corporate Plan has been reviewed, re-developed for application during the current year (2014) and is now before Council as a 5-year Corporate Plan 2014 - 2018, for adoption. In tabling this 2014/2018 Corporate Plan it is clearly intended to replace that plan with a 2015/2019 Corporate Plan, once that latter plan is adopted by Council in December 2014. OFFICER'S RECOMMENDATION "That Council adopt the 2014/2018 5-Year Corporate Plan, effective immediately, with the intention of it being replaced with a Corporate Plan for the period 2015/2019, effective January 2015." Page 201


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BACKGROUND Council's 5-Year Corporate Plan for the period 2009/2013 expired at the end of December 2013. Council's executive leadership team noted the compliance requirement to establish a replacement 5-year Corporate Plan, effective 1 January 2014, taking into consideration the deamalgamation of Mareeba Shire Council. It has been determined that it is important for the de-amalgamated Council to ensure the activities of Council are driven by an over-arching Corporate Plan, for two reasons: 1.

It is a matter of compliance for Council to develop and apply a 5-Year Corporate Plan

2.

It is a matter of best practice for Council to develop a 5-Year Corporate Plan within an integrated planning framework that involved aspects of: a. b. c. d.

A community and regional scan - ie being aware of community and regional needs, desires and aspirations; Ensuring Councillors are involved in the process of envisaging a desired future for the region and determining the key high-level strategies required to move towards that future; Matching the desired strategies against the availability of sustainable people, financial, technological and asset resources and capabilities over the 5 Year planning period; and Determining the best way forward.

Adopting this best-practice approach during the current extraordinary period immediately following de-amalgamation was considered impractical, but very desirable. Hence a two-stage position was put forward and discussed with Council on 14 January, that is: 1.

To review the now expired 2009/2013 Corporate Plan;

2.

To adopt a 2014/2018 Corporate Plan to ensure a strategic focus remains, without adopting the full planning process outlined above;

3.

To undertake a comprehensive corporate planning process with involvement of Councillors and key staff during the period July to November 2014; and

4.

To seek Councils adoption of a 2015/2019 Corporate Plan in December 2014, effective 1 January 2015, to replace the 2014/2018 Corporate Plan.

This scenario would achieve the following objectives: 1.

Provide the opportunity to re-shape the 2009/2013 Corporate Plan to remove any references to Mareeba Shire Council activities;

2.

Provide a short-term focus for 2014, but still retain a longer-term view towards developing a 5-Year Corporate Plan for 2015/2019;

3.

Ensure the 2015/2019 Corporate Plan would replace the 2014/2018 Corporate Plan;

4.

Ensure compliance with the need to adopt a 5-Year Corporate Plan.

This overall process also dove-tails into the need to develop a one-year Operational Plan, tied to the annual budget for the 2014/15 Financial Year. Adopting the recommended 2014/2018 Page 202


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Corporate Plan will provide a framework of strategic priorities that will drive the 2014/2015 Operational Plan and Budget. The recommended 2014/2018 Corporate Plan identifies four (4) priorities for Council: 1. 2. 3. 4.

A Vibrant and Healthy Community A Strong and Growing Economy A Sustainable Environment A Well-Managed Region

A total of eight Outcomes are specified and 32 long-term strategies are established and clearly stated within the Corporate Plan. The majority of those long-term strategies have already been recognised for priority action within the Operational Plan for the period January to June 2014 which came before Council on 6th February. Should this 2014/2018 Corporate Plan be adopted, those priorities will be confirmed in Council's Operational Plans for the period 2014/2015 financial year, ensuring Councils strategic priorities are continued. LINK TO CORPORATE PLAN NA CONSULTATION Internal During the development of the reviewed 2014/2018 Corporate Plan, the Chief Executive Officer, Deputy Chief Executive Officer, General Managers, other members of the Executive Leadership Team, line managers and other key staff were consulted and asked to contribute to the Plan. A briefing of Councillors was provided on the 14 January 2014 to outline the broad approach and intention of the planning process. The Executive Leadership Team co-ordinated the process and ensured consistency of approach across the organisation. The consolidated draft Corporate Plan was circulated to the Executive Leadership Team for further comment before the final Corporate Plan was collated for Council's adoption. External Extensive consultation with the Tablelands communities had taken place during the implementation of a community engagement strategy from September 2009 to September 2011, culminating in The Tablelands Community Plan 2021. At least 11,300 people participated in some way to develop the community plan, with a community participation rate of about 30%. Given this extensive consultation regarding the community's views and aspirations over the longterm period from 2011 to 2021, and also given the intention to enter into a comprehensive Corporate Planning process during the second half of 2014, which will involve a degree of external consultation, no further external consultation was undertaken in preparing the 2014/2018 Corporate Plan.

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LEGAL IMPLICATIONS (STATUTORY BASIS, LEGAL RISKS) In accordance with the provisions of Section 165 and 166 of the Local Government Regulation 2012, a Corporate Plan must: 1.

Be developed for each period of 5 years in sufficient time to allow a budget and annual operational plan that are consistent with the corporate plan to be adopted for the first financial year that is covered by the plan

2.

Outline the strategic direction of the local government

3.

State the performance indicators for measuring the local government’s progress in achieving its vision for the future of the local government area

4.

Include an outline of the objectives, nature and extent of significant business for each commercial business unit

In summary, the corporate plan is the council’s ‘business plan’. It drives and coordinates all strategic documents and policies, and forms the basis for all strategic decision making within council. The 2014/2018 Corporate Plan submitted for adoption meets those statutory standards. POLICY IMPLICATIONS Whilst the Corporate Plan provides direction for Council and hence in theory impacts on a wide range of Council Policies, there is no immediate direct policy implication in adopting the 2014/2018 Corporate Plan. FINANCIAL & RESOURCE IMPLICATIONS The adoption of the 2014/2018 Corporate Plan as recommended, along with the adoption of the reviewed 2013/2014 Operational Plan by Council on 6th February, sets the foundation for Council to develop the 2014/2015 financial year Operational Plan, Operational and Capital Budgets, during the period February to June 2014. There is no impact on the approved annual capital or operating budgets for the 2013/2014 financial year, as a result of adopting the 2014/2018 Corporate Plan. IMPLEMENTATION/COMMUNICATION When adopted, the 2014/2018 Corporate Plan will be placed on Councils web-site for community access, and it will be the basis for each Department within Council to formulate the 2014/2015 Operational Plans. Staff will be informed of its adoption through Departmental internal communications and the Plan will be freely available to staff within each Department across Council. The Plan will direct and inform regular quarterly reporting to Council from responsible General Managers/Deputy CEO and then to CEO as appropriate. ATTACHMENTS 1.

Tablelands Regional Council 2014/2018 Corporate Plan.

Date Prepared: 10 February 2014

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FINANCE ITEM-9

FINANCIAL STATEMENTS PERIOD ENDING 31 JANUARY 2014

21B

DOCUMENT INFORMATION

MEETING:

Ordinary

MEETING DATE:

20 February 2014

REPORT AUTHOR/ OFFICERâ&#x20AC;&#x2122;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 1 January 2014 to 31January 2014. OFFICER'S RECOMMENDATION "That Council note the financial report for the period ending 31 January 2014 and endorse the emergency procurement transactions below: Order Number PAD29542

Supplier Name WILKINSONS BLACKSMITHS P/L

Order Amt $14,023.93 "

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 January 2014, Council shows an operational deficit of $18,914,811 compared to budgeted YTD deficit of $2,852,870. The main reason for the difference between YTD actual and YTD budget is the NDRRA works program with a $14.0m operating compared to the YTD budget of $1.5m deficit. Further details of the differences are provided in the Income Analysis and Expenditure Analysis sections of this report. The Minister for Local Government, Community Recovery and Resilience has approved Council's request for a further extension to 28 February, 2014 for completion of the 30 June 2013 financial statements. The 31 December 2013 financial statement preparation is also in progress.

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January 2014 - Snapshot Total Operating Income Total Operating Expenditure Operating Surplus/(Deficit) Total Capital Income (grants, developer contributions) Net Result - Deficit

Thursday 20 February 2014

$47,001,934 $65,916,745 -($18,914,811) $4,038,479 -($14,876,331)

Capital Expenditure Total capital expenditure (excluding commitments) of $16,514,520 has been spent against the $45,566,277 budgeted for the 2013/14 year. The graph below illustrates actual YTD expenditure and annual budget. As explained during the 3 month budget review, the annual capital budget values included in the graph below includes budgets for works to be undertaken by the new Mareeba Shire Council in 2014. Capital Actual v Budget Mareeba Shire Council Wastewater Water Waste Construction & Maintenance Infrastructure Support Community & Regional Planning Organisational Services Governance & Executive Services

-5

-

5

Actual

10

Commitments

15

20 Millions

Remaining spend

Income Analysis Total income (including capital income) for the period ending 31 January 2014 is $51,040,414 compared to the YTD budget of $47,831,532. The detailed variances relating to income is detailed below. The graph below shows January 2014 income compared to YTD Budget. The prior year comparisons have not been provided due to the 2014 costs from January being based on a different organisation for comparison purposes.

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Actual Income V Budget Income

Jan-14 Budget 13/14

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

Fees & Charges

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

Operating Grants, Subsidies & Contributions

Interest Revenue

Actual YTD 26,213,059 1,227,814 7,737,646 1,023,451 4,259,530 6,540,434 4,038,479 51,040,413.53

Works for Third Parties

Budget YTD 26,333,455 1,301,875 7,996,088 1,717,277 5,415,807 3,258,775 1,808,255 47,831,531.90

Other Revenue

% Variance 0% -6% -3% -40% -21% 101% 123% 7%

Capital Income

-

$ Variance Note 120,396 74,061 1 258,442 693,827 2 1,156,276 3 3,281,659 4 2,230,224 5 3,208,882

Variances to note are: 1. 2.

3. 4. 5.

Fees & Charges – Cemetery Fees receipts tracking low to estimated YTD Budget (34% and -$95,537 variances). 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 – Revenue for approximately $1.5m is yet to be processed relating to MRD works performed at 31 January, 2014. Other Revenue - YTD Actual includes $3.4m de-amalgamation recovery. These amounts were unknown and therefore not budgeted as income. Capital Income – Capital Grants and Subsidies $3,140,998 actual YTD in excess of budget $1.7m, correction required to the budget to include $2m Roads to Recovery Capital Subsidy (unbudgeted funds received). Developer Contributions $897,482 actual YTD in excess of budget YTD by $574,727.

Expenditure Analysis Total expenses for the period ending 31 January 2014 are $65,916,745 which is higher than the YTD budget of $48,876,147. The main reasons for the higher expenditure is due to the value of actual works for Council flood damage exceeding the estimated budget by $12.0m and deamalgamation costs of $2.0m which were unknown and not included in the budget.

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The graph below shows January 2014 expenditure compared to the YTD Budget same period last year (actuals and budget). Actual Expenditure V Budget Expenditure

Jan-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 $Employee Expenses

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

Materials and Services

Actual YTD 18,892,662 41,094,036 5,590,805 339,242 65,916,745

Depreciation expenses

Budget YTD 18,102,762 22,881,340 7,540,260 351,785 48,876,147

Finance and Borrowing costs

% Variance $ Variance Note 4% 789,899 80% 18,212,696 1 -26% 1,949,454 2 -4% 12,544 35% 17,040,598

Variances to note are: 1.

2.

Materials & Services â&#x20AC;&#x201C; 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 $12.0m above budget YTD. The de-amalgamation costs $2.0m 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 $0.4m. Plant Fleet & Workshop actual YTD is above YTD budget by $1.6m due to internal hire being low. Waste actual YTD is above YTD budget by $0.9m ($160,000 included relates directly to MSC) however the actual YTD value is similar to the expenditure level of the previous year. Sewerage actual YTD is above YTD budget by $0.5m ($244,000 included relates directly to MSC) with increased costs associated with compliance issues. Water actual YTD is above YTD budget by $0.6m ($180,000 included relates directly to MSC) due to increased maintenance requirements. Depreciation â&#x20AC;&#x201C; YTD Budget overstated due to including depreciation on assets to be transferred to Mareeba Shire Council for the period July-December.

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Loan Borrowings Council's loan balances have not yet been adjusted to remove the MSC portion as at 1 January 2014. The balances included in the balance sheet remain (until MSC portion is removed) as: QTC Loans DLGP Loan Finance Lease

$8,015,949 $ 274,725 $ 220,578 $8,511,252

Rates and Sundry Debtors Analysis Rates and Charges The total rates and charges owed to Council as at 31 January 2014 is $2,300,082.73. This represents 8.03% of the estimated annual rates and utility charges revenue for the continuing TRC. Council has received payments in advance/overpayments for rates and charges amounting to $394,828.57. Sundry Debtors The total outstanding for Sundry Debtors included in the attached balance sheet as at 31 January 2014 is $4,086,600.73 which differs from the values below due to including MSC values that are yet to be removed.

Current

30 days

60 days

90 + days

769,154.97

129,799.71

61,150.76

418,454.02

56%

9%

4%

30%

The following government departments have outstanding balances 30 days or greater: •

• • •

State Dept Housing and Public Works $251,643 (90+ days). This is under investigation and may result in credit note being issued should the investigation confirm the advice received from the department that no value is owed to TRC for this project. State Dept Local Government Community Recovery and Resilience $35,000 (90 days) Australian Dept Infrastructure and Regional Development $50,000 (60 days) Department of Main Roads and Transport $27,500 (30 days)

Council's debt collection agency, Collection House, has collected $55,665 for the month of January, 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. Page 225


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In the situation that a purchase is classified as an 'emergency' the Procurement Policy determines that retrospective Council approval is required. The following transactions have been classified as 'Emergency' purchases during the month of January 2014: Order Number PAD29542

Order Date

Supplier Name

23/01/2014 WILKINSONS BLACKSMITHS P/L

Order Amt

Department

Group

$14,023.93 Infrastructure Waste

Services

Services

Reason Emergency WHS repairs to Recycle Facility

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 governmentâ&#x20AC;Śif 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 Page 226


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IMPLEMENTATION/COMMUNICATION Nil 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 governmentâ&#x20AC;Śif 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 N/A Operating N/A Is the expenditure noted above included in the 2013/2014 budget? N/A If not you must recommend how the budget can be amended to accommodate the expenditure N/A IMPLEMENTATION/COMMUNICATION N/A ATTACHMENTS 1. Financial Statements - 31 January 2014 (ECM #2936706) Date Prepared:

10 February 2014

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ATTACHMENT 1

TABLELANDS REGIONAL COUNCIL

Balance Sheet For the period ended 31 January 2014 2013/2014

2012/2013

Current Assets Cash and cash equivalents Trade and other receivables Inventories

45,496,656 13,789,462 7,509,562

67,326,439 14,820,417 7,367,336

66,795,680

89,514,191

18,500 710,795,055 34,095,718 2,619,118

21,000 716,033,483 17,700,579 2,619,118

Total Non-Current Assets

747,175,924

736,374,181

Total Assets

813,971,604

825,888,372

Trade and other payables Borrowings Provisions

6,724,399 465,037 455,580

10,470,802 729,858 514,272

Total Current Liabilities

7,645,017

11,714,931

1,359,014 8,046,214 15,679,215

1,359,014 8,076,739 15,679,215

Total Non-Current Liabilities

25,084,443

25,114,968

Total Liabilities

32,729,460

36,829,899

781,242,144

789,058,473

714,480,910 66,408,767 0 0

722,649,706 66,408,767 0 0

781,242,144

789,058,473

Total Current Assets

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

Current Liabilities

Non-Current Liabilities Trade and other payables Borrowings Provisions

NET COMMUNITY ASSETS Community Equity Shire Capital Asset revaluation reserve Retained surplus/(deficiency) Other reserves

TOTAL COMMUNITY EQUITY

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INFRASTRUCTURE SERVICES 12B

CONSTRUCTION & MAINTENANCE ITEM-10

COMMUNITY ROAD SAFETY GRANTS

2B

DOCUMENT INFORMATION

MEETING:

Ordinary

MEETING DATE:

20 February 2014

REPORT AUTHOR/ OFFICER’S TITLE:

Ross McKim, General Manager Infrastructure Services

DEPARTMENT:

Infrastructure Services

EXECUTIVE SUMMARY This report provides council with information on the Department of Transport and Main Roads' Community Road Safety Grants Scheme and recommends that council apply for funding for mobile road and bike safety infrastructure. OFFICER'S RECOMMENDATION "That Council approves the application being made for mobile road and bike safety infrastructure." BACKGROUND The Department of Transport and Main Roads (DTMR) is offering Queensland Community Road Safety Grants to community groups, schools and local governments to develop and deliver road safety projects at a local level. The grants are for a maximum of $25,000. The application closing date is 10 March 2014. A copy of the 2013/14 guidelines is attached. Page 5 of the guidelines details projects that are unlikely to be funded. These include: • • •

Defensive Driver training Road Engineering projects Advertising Campaigns

Subsequently, the ranges of projects that may be funded are quite limited. These include:

• •

Projects that address road safety issues in the local community Road accident injury rehabilitation programs

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No co-contribution is required with this grant program, but only one project can be submitted. Council Officers developed two possible projects. Details of these projects follows. Project A: Mobile Road and Bike Safety Infrastructure Officers from Community and Regional Planning have worked with representatives of Queensland Police to develop a mobile road and bike safety infrastructure application. In summary, the application would include the following: • • • • •

The target group is the whole of community with a focus on anyone who rides a bike and could be on the road; Partnership would be with QLD Police, QFRS, Rotary and the other clubs as trainers and transporters; Application would be for a mobile trailer with cones, signage and other equipment in order that training could be provided for bikes and scooters when using roads; The resulting asset would be Council’s and ongoing maintenance would have to be carried out. The trailer would be taken: o To Primary & High Schools throughout the year; o To Aged Care Facilities and CWA for awareness on mobility scooters and bicycles shared footpath responsibilities; o To local events, school fetes and set up to train people on bicycle safety; o And used at least 40 days a year across the Southern Tablelands.

This application would fit in with the increased use of shared facilities such as scooters and bikes and assist with the current planned infrastructure development of the Atherton Forest Mountain Bike Park and Rail Trail. Project B - Engagement of a Road Safety Auditor to address issues raised through the Traffic Advisory Committee. Officers from the Infrastructure Support Services Group have considered opportunities to apply for this funding. As road engineering projects are not eligible, the project developed by Infrastructure Officers is to engage a road safety consultant to undertake road safety audits for the Tablelands Regional Council's Traffic Advisory Committee. (TAC). With the de-amalgamation, TRC does not currently have any Officers trained to undertake road safety audits. As such, until this shortage can be addressed, external consultants will need to be engaged to undertake this work. Officers from Infrastructure Services and Community and Regional Planning discussed the two options and elected to recommend the mobile road and bike safety project to Council as it was felt that it had a higher chance of being approved under the guidelines by DTMR.

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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 regionâ&#x20AC;&#x2122;s infrastructure networks are designed, constructed and renewed to maximise their long term benefit to industry and the community.

Infrastructure Maintenance CONSULTATION Internal Consultation has occurred with officers of the Infrastructure Support Services Group and officers from the Community and Regional Planning Department. External Queensland Police in regards to a mobile road and bike safety infrastructure. LEGAL IMPLICATIONS (STATUTORY BASIS, LEGAL RISKS) N/A POLICY IMPLICATIONS N/A FINANCIAL & RESOURCE IMPLICATIONS Capital N/A Operating No co-contribution is required for this grant program. Is the expenditure noted above included in the 2013/2014 budget? No If not you must recommend how the budget can be amended to accommodate the expenditure These projects would only proceed if grant applications were successful. IMPLEMENTATION/COMMUNICATION N/A

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ATTACHMENTS 1.

Queensland Community Road Safety Grant Guidelines for 2013/14.

Date Prepared:

11 February 2014

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ITEM-11

Thursday 20 February 2014

NDRRA BETTERMENT PROJECT - BOAR POCKET ROAD & SUTTIES GAP

23B

DOCUMENT INFORMATION

MEETING:

Ordinary

MEETING DATE:

20 February 2014

REPORT AUTHOR/ OFFICERâ&#x20AC;&#x2122;S TITLE:

Ross McKim, General Manager Infrastructure Services

DEPARTMENT:

Infrastructure Services

EXECUTIVE SUMMARY Tablelands Regional Council has applied for and received NDRRA funding towards restoration of essential public assets under the 2010, 2011, 2012 and 2013 NDRRA events. Recently, the Kowa Street NDRRA Project Office received approval for two betterment projects in the new Tablelands Regional Council area (Boar Pocket Road and Sutties Gap Road). This report is requesting Council approval for its contribution towards these NDRRA Betterment projects. OFFICER'S RECOMMENDATION "That Council: 1.

Approve its contribution to the NDRRA Betterment Project on Boar Pocket Road, Culvert upgrade, taking the required $40,000 from Project R0846 (2013/14 Reseal Program) and further,

2.

Approve its contribution to the NDRRA Betterment Project at Sutties Gap Road (slip repair), taking the required $40,000 from Project R0846 (2013/14 Reseal Program)".

BACKGROUND Section 7.7 of the April 2013 Queensland Disaster Relief and Recovery Arrangements Guidelines details the requirements associated with 'Betterment' projects. "Betterment of an essential asset is the enhancement of an asset beyond a predisaster level of immunity, resilience, service or condition where legislation does not require current building and engineering standards, codes and guidelines to be followed. For the purpose of this guideline, betterment costs means the difference between the cost of restoring or replacing an essential public asset to its pre-disaster standard, and then cost of restoring or replacing the asset to a more disaster-resilient standard. Betterment of an asset may be considered eligible if: a)

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TRC Tablelands Regional Council - Agenda

b) c)

Thursday 20 February 2014

the State and Australian Government are satisfied with the cost effectiveness of the proposal; and the State and Australian Government are satisfied that the increased disaster-resilience of the asset will mitigate the impact of future natural disasters.

Category B betterment costs may only be reimbursed if the state reaches its NDRRA thresholds in the relevant financial years. The Australian Government may reimburse up to one third of the betterment costs associated with the restoring or replacing a local government owned asset, or up to 50 percent (50%) of the betterment costs for restoring or replacing a state-owned asset. The amount must be spent, or the cost incurred, by the state within the allowable time. In most cases there will be a contribution required by the asset owner when undertaking betterment." Tablelands Regional Council is currently utilising the resources of the Kowa Street NDRRA Project Office to deliver its 2010, 2011, 2012 and 2013 NDRRA Programs (Updates on these programs are provided to Council on a regular basis). The guidelines for NDRRA projects have been significantly tightened in recent years and the scope of approved works limited. However, as detailed above, the Queensland Disaster Relief and Recovery Arrangements Guidelines, provide for Betterment projects. There are two locations in the continuing TRC where the QRA has approved Betterment Projects (Boar Pocket Road and Sutties Gap Road). The Boar Pocket Road Project (at the back of Tinaroo Falls Dam) is a culvert upgrade. Boar Pocket Rd is a rural collector road that provides access to regionally significant tourism attractions (Cathedral Tree, The Chimneys, Mobo Crater). Boar Pocket Road also provides access to recreational facilities (skiing, camping and bushwalking) around Lake Tinaroo as well a number of forestry areas. The existing drainage structure was damaged in 2007, 2008, 2009, 2010, 2011, 2012 and 2013. The QRA approved project funding is $447,987. Council's contribution towards this project is $40,000. Sutties Gap Road is a link road through to the Palmerston Highway. It forms part of the Misty Mountain Trail network. The Sutties Gap Project (between Millaa Millaa and Ravenshoe) involves repairing an embankment slip. It was approved under the 2009 NDRRA Program but the work was not completed. It was again damaged in 2013 and therefore included in the 2013 submissions. The QRA approved project funding is $284,098. Council's contribution towards this project is $40,000. The April 2013 Queensland Disaster Relief and Recovery Arrangements Guidelines details the requirements associated with 'Betterment' projects. The rule of Betterment are that the Council must contribute to the works. In the case of Boar Pocket Road and Sutties Gap Road, the total Council contribution is $80,000. It is recommended that the required funds be taken from the Roads Capital Works Program Project R0846 (2013/14 Reseal Program). It is intended to complete these works prior to the end of the 2013/14 financial year.

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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 regionâ&#x20AC;&#x2122;s infrastructure networks are designed, constructed and renewed to maximise their long term benefit to industry and the community.

Infrastructure Maintenance

Ensure the regionâ&#x20AC;&#x2122;s infrastructure networks are continuously reviewed and maintained to a standard that will maximise their long term benefit to the community.

CONSULTATION Internal Consultation has occurred with the Infrastructure Services Support Services Group and the Kowa Street NDRRA Project Office. External No external consultation has occurred at this stage of the project. LEGAL IMPLICATIONS (STATUTORY BASIS, LEGAL RISKS) N/A POLICY IMPLICATIONS N/A FINANCIAL & RESOURCE IMPLICATIONS Capital This report is seeking approval to reallocate $80,000 of existing funding in the 2013/14 Capital Works Programme. Operating N/A 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 N/A ATTACHMENTS N/A Date Prepared:

10 February 2014

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ITEM-12 24B

Thursday 20 February 2014

AMENDMENT TO CAPITAL WORKS GUNNAWARRA ROAD MT GARNET

PROGRAM

-

DOCUMENT INFORMATION

MEETING:

Ordinary

MEETING DATE:

20 February 2014

REPORT AUTHOR/ OFFICERâ&#x20AC;&#x2122;S TITLE:

Ross McKim, General Manager Infrastructure Services

DEPARTMENT:

Infrastructure Services

EXECUTIVE SUMMARY In the 2013/14 Capital Works Program, Council has made an allocation of $250,000 for the upgrade of Gunnawarra Road, Mt Garnet to a bitumen seal standard. This report is seeking Council approval to increase this budget allocation by a further $75,000. The additional funds are to be taken from a drainage contribution to the Department of Transport and Main Roads (DTMR) which is no longer required. OFFICER'S RECOMMENDATION "That Council approve the reallocation of $75,000 from Robert St / Louise St drainage upgrade (DTMR Contribution) to Gunnawarra Road, Mt Garnet upgrade to a bitumen seal standard." BACKGROUND In Council's approved 2013/14 Capital Works Program, an allocation of $75,000 was made to provide for a contribution to the Department of Transport and Main Roads (DTMR) for drainage works associated with the DTMR's Robert St / Louise St project. The Robert St / Louise St project is now well underway and DTMR officers have advised Council they no longer need the $75,000 allocation for drainage works. The result is that these funds can now be reallocated to other capital works projects. On a year to date basis, the 2013/14 Road Maintenance Operational Budget is well overspent. Subsequently, Council officers in the Support Services Group are working hard to release capital works projects that can be undertaken by Council's own day labour work force. By putting work crews onto capital projects, the impact on the maintenance budget is reduced. Council is also looking for opportunities to complete external capital works projects for DTMR. Subsequently, Council officers are recommending to Council that they reallocate the $75,000 to a construction project that can be completed by Council's day labour work force and one that does not require a great deal of design so that the project can be commenced within a short time frame. Some of the projects within the Transportation Capital Works Program that fit these criteria include, footpath renewal, kerb and channel renewal, gravel road resheeting, footpath upgrades and scope extensions on projects currently being designed. Council Officers considered these options and are subsequently recommending to Council that on this occasion, the additional funds be allocated to the existing Gunnawarra Road project. The reason for this recommendation is that it is expensive to establish a crew on a rural road construction project. Once established, it Page 258


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is advantageous to complete as much work as possible as it reduces the unit costs. It is expected that similar reports to this one will be forwarded to Council for consideration as more detailed analysis of the Transportation Capital Works Program is undertaken. 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 regionâ&#x20AC;&#x2122;s infrastructure networks are designed, constructed and renewed to maximise their long term benefit to industry and the community.

CONSULTATION Internal Consultation occurred between officers in the Infrastructure Support Services Group and the Construction and Maintenance Group. External No external consultation has occurred. LEGAL IMPLICATIONS (STATUTORY BASIS, LEGAL RISKS) N/A POLICY IMPLICATIONS N/A FINANCIAL & RESOURCE IMPLICATIONS Capital In the 2013/14 Capital Works Program, Council has made an allocation of $250,000 for the upgrade of Gunnawarra Road to a bitumen seal standard. There is also an allocation in this program of $75,000 in this budget for a contribution to DTMR for drainage works associated with the Robert St / Louise St project. Operating N/A 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 Page 259


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IMPLEMENTATION/COMMUNICATION N/A ATTACHMENTS 1.

NIL

Date Prepared:

22 January 2014

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Agenda 20 february 2014 mm copy