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TRC TABLELANDS REGIONAL COUNCIL

Ordinary Meeting Council Chambers, Mareeba Date: Thursday 4 July 2013 Time: 9:00am

AGENDA THE ORDINARY MEETING OF THE TABLELANDS REGIONAL COUNCIL WILL BE HELD AT MAREEBA COUNCIL CHAMBERS, ON THURSDAY, 04 JULY 2013 AND THE ATTENDANCE OF EACH COUNCILLOR IS REQUESTED. MATTHEW HYDE ACTING CHIEF EXECUTIVE OFFICER


TRC Tablelands Regional Council - Agenda

Thursday 04 July 2013

ORDINARY MEETING PRESENTATIONS - 4 JULY 2013 10.00am to 10.10am Catherine Robinson, John McKenzie & Grant McAuliffe - Development Application. 10.15am to 10.30am Victor Feros - regarding development application submitted by Bolwarra Enterprises Pty Ltd.

SPECIAL MEETING - PLANNING SCHEME SUBMISSIONS - 11 JULY 2013 (MAREEBA) 9.00am to 5.00pm

Planning Scheme Submission Special Meeting

ORDER OF BUSINESS MEMBERS IN ATTENDANCE........................................................................................................ 7 OFFICERS IN ATTENDANCE........................................................................................................ 7 APOLOGIES/LEAVE OF ABSENCE.............................................................................................. 7 BEREAVEMENTS/CONDOLENCES.............................................................................................. 7 DECLARATION OF ANY MATERIAL PERSONAL INTERESTS/ CONFLICTS OF INTEREST BY COUNCILLORS AND SENIOR COUNCIL OFFICERS............................................................. 7 CONFIRMATION OF MINUTES ..................................................................................................... 7 BUSINESS ARISING OUT OF MINUTES OF PREVIOUS MEETINGS .......................................... 7 RECEIPT OF INWARD CORRESPONDENCE............................................................................... 7 CONSIDERATION OF INWARD CORRESPONDENCE AND OTHER MATTERS ........................ 7 PLANNING AND DEVELOPMENT................................................................................................. 9 Regional Planning & Development .............................................................................................. 9 Item-1 S & J Royster - Reconfiguring a Lot - Subdivision (1 into 2 Lots) & Access Easement - Lot 1 RP724696 & Lot 1 RP725539 - 3 & 5 Blackmountain Road, Kuranda - DA/13/0048 (M)........................................................................................ 9 Item-2 A, L & E Kruck - Change of Development Approval - MCU (Tourist Facility - Art Gallery and Shops) - Lot 3 SP239256 - 4 Kehoe Place, Yungaburra DA/13/0067 (E)....................................................................................................... 25 Item-3 Proposed Planning Scheme Amendment 01/11 - Wind Farms - Mareeba Shire Planning Scheme 2004 .......................................................................................... 65 Item-4 Request to Extend Information Request Response Period - Mt Emerald Wind Farm Pty Ltd - Application for MCU (Utility Installation - Wind Farm) Lot 7 SP235244 - Kippin Drive, Arriga - MCU/11/0024 .................................................... 84 Item-5 Renewal of Special Lease 9/47887 over Lot 138 DA436, Hawkins Road, Paddys Green ...................................................................................................... 101

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Item-6 M & C Robinson - Material Change of Use - Veterinary Consulting Rooms - Lot 1 RP734351 - 21 Louise Street, Atherton - DA/13/0010 (A).................................. 110 Item-7 Bolwarra Enterprises Pty Ltd - MCU - Exctractive Industry (Quarry, Concrete Batching Plant & Concrete Block Making Plant) and Amendment of Existing Environmentally relevant Activity 43 - Lot 43 RP732730 - 458 Wongabel Road, Wongabel - DA/12/0037 (A).................................................................................. 171 Item-8 Legal Advice for Development Assessment CONFIDENTIAL............................... 216 Item-9 Legal Advice in relation to Information Request for a Development Application CONFIDENTIAL ................................................................................................... 217 Regulatory Services ................................................................................................................ 219 Item-10 Request exemption to Council's Local Law No 2 Animal Management to allow permanent residents to register animals in Holiday Parks .................................... 219 Item-11 Animal Rehoming Tablelands - Request for an Exemption to Keep an Excess Number of Animals Temporarily ........................................................................... 223 Item-12 Poultry update relating to Notices CONFIDENTIAL .............................................. 230 Corporate Planning, Performance & Risk ................................................................................ 231 Item-13 Driveway access - 509 - 511 Millstream Parade Millstream .................................. 231 Item-14 Register of Roads Maintained Policy - Request to add an un-named section of road to the Road Register off Kennedy Highway Evelyn....................................... 249 CHIEF EXECUTIVE OFFICER ................................................................................................... 257 DE-AMALGAMATION ............................................................................................................. 257 Item-15 De-amalgamation Project Manager Progress Report............................................ 257 CORPORATE AND COMMUNITY SERVICES........................................................................... 263 Customer & Community Services ............................................................................................ 263 Item-16 Financial and In Kind Support Program Approvals - 4 July 2013 .......................... 263 Plant & Facilities...................................................................................................................... 267 Item-17 E10 Fuel............................................................................................................... 267 Item-18 Project Cost Evaluation for the new Kuranda Visitor Information Centre Pre Tender CONFIDENTIAL ............................................................................... 270 Corporate ................................................................................................................................ 271 Item-19 Australian Constitution - Amendment to recognise Local Government ................. 271 Item-20 Revision of Standing Orders for Council Meetings................................................ 275 INFRASTRUCTURE AND MAINTENANCE SERVICES ............................................................ 295 Construction & Maintenance.................................................................................................... 295 Item-21 Toohey Framing - B-Double Access Route Application BD1413........................... 295 Item-22 Traffic Advisory Committee - Road Safety Audit Report - Silo Road, Atherton...... 304 Item-23 Traffic Advisory Committee - Combined Northern and Southern Regions Minutes of Meeting held 18 June 2013 ................................................................. 355 Item-24 Tablelands Road Safety, Traffic and Transport Advisory Committee - Minutes of Meeting Held 18 June 2013.............................................................................. 368 Item-25 Mining Lease ML20016 - Kagara Limited - Deed of Assignment, Assumption and Release CONFIDENTIAL ............................................................................. 372 Item-26 Mining Lease ML4130 - Kagara Limited - Deed of Assignment, Assumption and Release CONFIDENTIAL .................................................................................... 373 Item-27 Mining Lease ML4044 - Kagara Limited - Deed of Assignment, Assumption and Release CONFIDENTIAL .................................................................................... 374

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TRC Tablelands Regional Council - Agenda

Thursday 04 July 2013

Item-28 Mining Lease ML4043 - Kagara Limited - Deed of Assignment, Assumption and Release CONFIDENTIAL .................................................................................... 375 Water & Sewerage .................................................................................................................. 377 Item-29 QTRC2013-10 Mobile Garbage Bins .................................................................... 377 Item-30 Noted Correspondence - 4 July 2013 ................................................................... 381

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TRC Tablelands Regional Council - Agenda

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Thursday 04 July 2013


TRC Tablelands Regional Council - Agenda

Thursday 04 July 2013

MEMBERS IN ATTENDANCE OFFICERS IN ATTENDANCE APOLOGIES/LEAVE OF ABSENCE BEREAVEMENTS/CONDOLENCES DECLARATION OF ANY MATERIAL PERSONAL INTERESTS/ CONFLICTS OF INTEREST BY COUNCILLORS AND SENIOR COUNCIL OFFICERS CONFIRMATION OF MINUTES BUSINESS ARISING OUT OF MINUTES OF PREVIOUS MEETINGS

RECEIPT OF INWARD CORRESPONDENCE CONSIDERATION OF INWARD CORRESPONDENCE AND OTHER MATTERS

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TRC Tablelands Regional Council - Agenda

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Thursday 04 July 2013


TRC Tablelands Regional Council - Agenda

Thursday 04 July 2013

PLANNING AND DEVELOPMENT REGIONAL PLANNING & DEVELOPMENT ITEM-1

S & J ROYSTER - RECONFIGURING A LOT - SUBDIVISION (1 INTO 2 LOTS) & ACCESS EASEMENT - LOT 1 RP724696 & LOT 1 RP725539 - 3 & 5 BLACKMOUNTAIN ROAD, KURANDA - DA/13/0048 (M)

DOCUMENT INFORMATION

MEETING:

Ordinary

MEETING DATE:

4 July 2013

REPORT AUTHOR/ OFFICER’S TITLE:

Carl Ewin, Planning Officer

DEPARTMENT:

Planning and Development APPLICATION DETAILS

FILE NO:

APPLICATION DA/13/0048(M)

ADDRESS:

APPLICANT:

R & J Royster

RPD:

LODGED BY:

BT Town Planning Consultants

AREA:

DATE LODGED:

23 May 2013

OWNER :

TYPE OF APPROVAL: PROPOSED DEVELOPMENT: PLANNING SCHEME: ZONE: LEVEL OF ASSESSMENT: SUBMISSIONS:

Development Permit

ATTACHMENTS:

PREMISES 3 & 5 Black Mountain Road, Kuranda Lot 1 on RP724696 & Lot 1 on RP725539 Lot 1 on RP724696: 9,510m2 Lot 1 on RP725539: 9,447m2 Lot 1 on RP724696: R & J Royster Lot 1 on RP725539: G & H Peck

Reconfiguring a Lot - Subdivision (1 into 2 Lots) & Access Easement Mareeba Shire Planning Scheme 2004 (amendment no. 1 of 2007) Rural Code Assessment N/A

1.

Proposal Plan/s - BT Town Planning Consultancy dated 17 May 2013.

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TRC Tablelands Regional Council - Agenda

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EXECUTIVE SUMMARY Council is in receipt of a development application described in the above application details. The application is code assessable and was therefore not required to undergo public notification. The application and supporting material has been assessed against all relevant planning instruments including the Regional Plan, State Planning Policies and the Mareeba Shire Planning Scheme (including codes and policies) and was found to be in conflict with the minimum lot size provision of the Planning Scheme's Rural Zone Code. Despite this conflict, Planning Officers consider there to be sufficient grounds to justify an approval, particularly considering two dwellings are established on the site. Council Officers recommend the application be approved, subject to conditions. Ordinarily code assessable applications recommended for approval are approved by the Manager Urban & Regional Planning under delegated authority, however, as the application is in conflict with the Planning Scheme, it was considered appropriate to table the application before Council. Considering the current zoning of the subject land, and the fact that proposed Lot 2 does not contain any actual frontage to a constructed road, there may be sufficient grounds for Council to refuse the application, despite the officer's recommendation.

OFFICER'S RECOMMENDATION 1.

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

APPLICANT:

APPLICATION R & J Royster

DATE LODGED

23 May 2013

TYPE OF APPROVAL PROPOSED DEVELOPMENT

Development Permit

ADDRESS: RPD:

PREMISES 3 & 5 Black Mountain Road, Kuranda Lot 1 on RP724696 & Lot 1 on RP725539

Reconfiguring a Lot - Subdivision (1 into 2 Lots) & Access Easement

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

APPROVED DEVELOPMENT: Development Permit - Reconfiguring a Lot - Subdivision (1 into 2 Lots) & Access Easement

And The assessment manager does consider that the assessment manager’s decision conflicts with a relevant instrument as follows:

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TRC Tablelands Regional Council - Agenda

(B)

Thursday 04 July 2013

Details of the conflict with the relevant instrument

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

Proposed Lots 1 and 2 are well below the desired minimum lot size requirement of 30 hectares for land within the Rural Zone (where not GQAL).

Ordinarily, non compliance with the minimum lot size requirements as outlined in probable solutions PS1.1 and PS1.2 would form a basis for the refusal of development applications for subdivision within the Rural zone. However, the subject site is a heavily vegetated rural 2 lifestyle allotment (total area of 9,510m ) located immediately adjacent rural residential zoned land. The subject site is not GQAL and is not used for agricultural purposes nor is it likely to be used for agricultural pursuits in the near or extended future. The proposed subdivision will result in the creation of two allotments similar in size and character to the majority of surrounding allotments and will separate the two existing dwellings located on site. It is considered the proposed development does not compromise Specific Outcome S1 or the overall intent of the Rural Zone Code.

APPROVED PLANS:

Plan/Document Number 1360-1

(C)

Plan/Document Title

Prepared by

Reconfiguration of Lot 1 on RP724696 & Lot 1 on RP725539

BT Town Consultancy

Planning

Dated 17 May 2013

ASSESSMENT MANAGER’S CONDITIONS (COUNCIL) (a)

Development assessable against the Planning Scheme

1.

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

2.

Timing of Effect 2.1

3.

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

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

General 3.1

The applicant/developer is responsible for the cost of necessary alterations to existing public utility mains, services or installations required by works in relation

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TRC Tablelands Regional Council - Agenda

Thursday 04 July 2013

to the proposed development or any works required by condition(s) of this approval. 3.2

All payments required to be made to the Council (including contributions, charges and bonds) pursuant to any condition of this approval must be made prior to endorsement of the plan of survey and at the rate applicable at the time of payment.

3.3

The developer must relocate (in accordance with FNQROC standards) any services such as water, sewer, drainage, telecommunications and electricity that are not wholly located within the lots that are being created/serviced where required by the relevant authority, unless approved by Council’s delegated officer. Service infrastructures (including water, telecommunications and electricity) for proposed Lot 2 are permitted to traverse proposed Lot 1 within the proposed easement only. On site waste water disposal infrastructure for each lot must be wholly contained within the respective lot which it services.

3.4

Any existing buildings or structures and/or incidental works that straddle the new boundaries must be altered, demolished or removed, as required, to align with the new property boundaries.

3.5

Where approved existing buildings and structures are to be retained, setbacks to new property boundaries are to be in accordance with Planning Scheme requirements for the relevant structure and/or Queensland Development Code.

3.6

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

3.7

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

3.8

Easement The proposed easement will be for the purposes of access and service provision, and will be in favour of proposed Lot 2.

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TRC Tablelands Regional Council - Agenda

4.

Thursday 04 July 2013

Infrastructure Services and Standards 4.1

Access/internal driveways A bitumen sealed or reinforced concrete driveway shall be provided within the proposed access easement. The driveway will: -

4.2

have a minimum formation width of 3 metres; be constructed for the full length of the proposed easement (from the edge of the existing bitumen sealed access driveway to the property boundary of proposed Lot 2); be formed with one-way crossfall to cater for stormwater drainage such that any stormwater runoff is contained within the access easement.

Water Supply A water service connection must be provided to each proposed Lot in accordance with FNQROC Development Manual Standards (as amended) to the satisfaction of Council's delegated officer.

4.3

On-Site Wastewater Management The existing on-site effluent disposal systems on proposed Lots 1 and 2 must be evaluated by a registered site and soil evaluator, and a report lodged with Council outlining compliance with the On-Site Domestic Wastewater Management Standard (ASNZ1547), to the satisfaction of Council's delegated officer. The report must also provide evidence that the two existing on-site effluent disposal systems (including trenches) are located wholly within the proposed allotments in which they service, to the satisfaction of Council's delegated officer.

4.4

4.5

Stormwater Management 4.4.1

The applicant/developer must take all necessary steps to ensure a nonworsening affect on surrounding land as a consequence of the development.

4.4.2

All stormwater drainage must be collected from site and discharged to an approved legal point of discharge.

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

4.6

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

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TRC Tablelands Regional Council - Agenda

(D)

Thursday 04 July 2013

ASSESSMENT MANAGER’S ADVICE (a)

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

(b)

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

(c)

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

(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.ehp.qld.gov.au

(e) Compliance with applicable codes/policies The development must be carried out to ensure compliance with the provisions of Council’s Local Laws, Planning Scheme Policies, Planning Scheme and Planning Scheme Codes to the extent they have not been varied by a condition of this approval. (f) Endorsement Fees Please be advised that Council charges a fee for the endorsement of a Survey Plan, Community Management Statements, easement documents, and covenants. The fee is set out in Council’s Fees & Charges Schedule applicable for each respective financial year. (g) Water Meters/Water Service Connection Prior to the water service connection works commencing, a Water Quotation, Connection, Disconnection Request must be lodged with Council. The cost of the required water connection will be determined based upon the assessment of the Water Quotation Request. The Water Quotation Request must be lodged and the required connection fee paid prior to the signing of the survey plan. (F)

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

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• (G)

Nil

OTHER APPROVALS REQUIRED FROM COUNCIL •

2.

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

OTHER NECESSARY DEVELOPMENT PERMITS AND/OR COMPLIANCE PERMITS •

(H)

Thursday 04 July 2013

Nil

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

Lots

Rate

Current Amount of Charge

Open Space Contributions

1

$3,668.00

$3,668.00

Water Supply Headworks Contributions (Kuranda Low Level Zone)

1

$4,686.00

$4,868.00

Infrastructure Charge

TOTAL CURRENT AMOUNT OF CHARGE

$8,536.00

THE SITE The subject land is located a short distance off the Kennedy Highway on the northern banks of the Barron River at 3 and 5 Black Mountain Road, Kuranda, and described as Lot 1 on RP724696 and Lot 1 on RP725539, Parish of Smithfield, County of Nares. Lot 1 on RP724696 is the allotment subject to the proposed reconfiguration, "the subject site", with Lot 1 on RP725539 forming part of the application for access purposes only as both lots are accessed via a bitumen sealed common driveway situated within the 390 metre long access handle of Lot 1 on RP725539. An access easement has been established over the access handles of both lots. Lot 1 on RP724696, the subject site, is a battle-axe allotment with an overall area of 9,510m2 and is zoned Rural under the Mareeba Shire Planning Scheme. The subject site is accessed from Shiva Close via the bitumen sealed common access driveway mentioned above. Shiva Close is constructed to bitumen sealed standard including kerb and channel for its entire length. The subject site contains a gently undulating topography and is predominately vegetated with Remnant Vegetation of Least Concern Regional Ecosystem. The site hosts two dwelling houses with one located in the north-west corner of the site, and the other in the south-west corner of the site. The site is currently connected to Council's reticulated water supply and both dwellings are serviced by separate septic systems. The subject site is serviced by reticulated electrical and telecommunications infrastructure. All surrounding allotments are zoned a mixture of Rural and Rural Residential and are all used for rural lifestyle/rural residential purposes.

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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.

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.

BACKGROUND AND CONTEXT Nil

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PREVIOUS APPLICATIONS & APPROVALS On 19 January 2011, Council approved, through delegated authority, a development application for reconfiguring a lot - creating access easements and opening of road reserve, over the access handles of Lot 1 on RP725539, Lot 1 on RP724696, and Lot 16 on RP898228 (access restriction strip), situated at 3 & 5 Black Mountain Road and Shiva Close, Kuranda (REC/10/0032). Lot 1 on RP724696 and Lot 1 on RP725539 are the Lots subject to this application. The approved reconfiguration was finalised in September 2012, formalising the access arrangement for Lot 1 on RP724696 (subject to the proposed subdivision) through the common access driveway located within the access handle of Lot 1 on RP725539. Both proposed Lots 1 and 2 will gain access from Shiva Close via this common access driveway.

DESCRIPTION OF PROPOSED DEVELOPMENT The development application seeks a Development Permit for Reconfiguring a Lot - Subdivision (1 into 2 Lots) & Access Easement in accordance with the plans shown in Attachment 1. The applicant proposes to subdivide Lot 1 on RP724696 into two allotments to separate the two existing dwellings located on site. The proposed Lots will be as follows: • •

Proposed Lot 1 - total area of 4,984m2 Proposed Lot 2 - total area of 4,526m2

Proposed Lot 1 will continue to gain access via the bitumen sealed common access driveway located within the access handle of Lot 1 on RP725539. Access to proposed Lot 2 will be gained via this same common access driveway then through the proposed access easement located along the eastern boundary of proposed Lot 1. An access easement has been established over the access handles of existing Lot 1 on RP724696 and Lot 1 on RP725539 (Development Approval REC/10/0032). The site is currently connected to Council's reticulated water supply and both dwellings are serviced by separate on-site effluent disposal systems. Both dwellings are also connected to reticulated electrical and telecommunications infrastructure.

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. Kuranda is identified as a Village Activity Centre in the Regional Plan. The Regional Plan Map 3 - ‘Areas of Ecological Significance’ also identifies the site as containing: •

Terrestrial Area of High Ecological Significance

State & Regional Conservation Corridors

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PLANNING SCHEME DESIGNATIONS Strategic Framework designation:

Major Urban Growth Node (Kuranda)

Zone:

Rural

Overlays

- Natural Disaster - Bushfire Overlay (Medium Bushfire Hazard) - Significant Vegetation Overlay

ASSESSMENT AND DECISION REQUIREMENTS The Table of Assessment for the Rural zone specifies that the application is code assessable. It was lodged under the Sustainable Planning Act 2009 (SPA), and is assessed in accordance with the requirements of that Act. Sections 313, 317, 324 and 326 of SPA set out the decision rules that Council must follow when deciding this application and these are summarised below:

The decision must be based on assessments made against the relevant provisions of the Regional Plan, state planning policies not reflected in the planning scheme, the planning scheme including the relevant Codes (the relevant instruments) and any applicable codes of a preliminary approval to which section 242 applies.



Council must also assess and decide the application having regard to the common material submitted with the application, any development approval for, and any lawful use of, premises the subject of the application or adjacent premises, any concurrence agency requirements and advice agency recommendations and the purposes of any instruments containing an applicable code.



Council may give weight it is satisfied is appropriate to a planning instrument, code, law or policy that came into effect after the application was made, but before the decision stage is started or restarted.



The decision must not conflict with any relevant instrument unless there are sufficient grounds to justify the decision, despite the conflict. Grounds are defined as matters of public interest, but do not include the personal circumstances (including financial circumstances) of an applicant, owner or interested party.

Chapters 2 to 4 of SPA sets out the hierarchical relationship between the planning instruments that a development application is required to be assessed against. If there is an inconsistency between the planning instruments, the higher level planning instrument prevails to the extent of the inconsistency. The state and local planning instruments (in hierarchical order) are as follows:State Planning Instruments (a) (b) (c)

Regional Plan State Planning Policy Standard Planning Scheme Provisions

Local Planning Instruments (a) Planning Scheme (b) Temporary Local Planning Instrument (c) Planning Scheme Policy Assessment of the proposed development against the relevant planning instruments is summarised as follows:-

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(a)

Thursday 04 July 2013

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: DRO 2.6 Rural Subdivision Land Use Policy 2.6.1

(b) (i)

Further fragmentation of agricultural land in the regional landscape and rural production area is avoided to maintain economically viable farm lot sizes.

Complies

Comments



The subject site is a heavily vegetated rural lifestyle allotment with a total area of 9,510m2 and is almost entirely surrounding by other rural residential/rural lifestyle allotments. The site and surrounding land is not agricultural land, nor is it ever likely to be used for agricultural purposes. The proposed development does not conflict with the intent of Land Use Policy 2.6.1.

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

State Planning Policy 1/92 – Development and Conservation of Agricultural Land

State Planning Policy 1/03 – Mitigating the Adverse Impacts of Flood, Bushfire and Landslide (Bushfire only) State Planning Policy1/02 – Development in the vicinity of Certain Airports and Aviation Facilities

(ii)

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

SPP SPP 1/02

SPP 1/03

Development in the Vicinity of Certain Airports and Aviation Facilities. Mitigating the Adverse Impacts of Flood, Bushfire and Landslide

State Planning Policies Complies

Comments

N/A

The subject site is not located within the vicinity of any airports or aviation facilities.



The subject site is located within a ‘natural hazard management area’ for bushfire as identified on the Planning Scheme Mapping. However, the subdivision is sought to separate the two existing dwellings on site and will not lead to an increase in the number of people living or working in a bushfire hazard area, therefore assessment against the SPP is not required.

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SPP 1/92

Development Conservation Land

of

and the Agricultural

N/A

SPP 4/10

Healthy Waters

N/A

SPP1/12

Protection of Qld’s Strategic Cropping Land

N/A

Temp SPP2/12

Planning for Prosperity

N/A

Thursday 04 July 2013

This SPP is adequately reflected by the Mareeba Shire Planning Scheme, a separate assessment against this SPP is therefore not required. The site is not identified as GQAL. The proposed reconfiguration is not likely to detrimentally impact on any nearby waterways or wetland areas. Assessment against the SPP is therefore not required. 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 land is not identified as SCL or potential SCL. The SPP aims to facilitate economic growth in Qld by promoting agriculture, tourism, the State’s mineral & extractive resource industries and construction activities. The purpose of this policy is to achieve a balance between the competing or conflicting outcomes of the development by giving weight to: a) agricultural uses in areas zoned for agricultural uses; b) urban uses in areas zoned for urban uses; c) tourist development which can be shown to be complementary to an area’s environmental, scenic and cultural values; and d) mineral & extractive resources development which can be shown to be complementary to an area’s primary intended land use. The proposed reconfiguration is not in conflict with the SPP.

(c)

Mareeba Shire Planning Scheme 2004 (amendment no. 1 of 2007)

Relevant Development Codes The following Development Codes are considered to be applicable to the assessment of the application: Part 4, Division 14 Part 5, Division 6 Part 5, Division 8 Part 6, Division 12

Rural Zone Code Significant Vegetation Overlay Code Natural Disaster - Bushfire Overlay Code Reconfiguring a Lot Code

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

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Relevant Codes Rural Zone Code

Thursday 04 July 2013

Comments Conditions will be required in relation to:  Water supply  On-site wastewater management  Stormwater management  Electricity provision/supply  Telecommunications The application does not comply with the acceptable/probable solutions/performance criteria: 

Reconfiguring a Lot Code

following

4.80 Reconfiguring a Lot - Probable Solution PS1.2

Refer to discussion below. Conditions will be required in relation to:  Easements

Noncompliance with the relevant acceptable solutions or probable solutions/ performance criteria of the following Codes are summarised as follows: Rural Zone Code 4.80 Reconfiguring a Lot S1

The viability of the farming industry throughout the shire and including Good Quality Agricultural Land, and future opportunities for farming pursuits are not compromised. PS1.1

Allotments to have a minimum area of 60 hectares and road frontage of 300 metres within the area identified on Agricultural Land Quality Maps S2, S3, S4 and S5; or

PS1.2

Allotments to have a minimum area of 30 hectares and road frontage of 150 metres if outside the area identified on Agricultural Land Quality Maps S2, S3, S4 and S5;

Comment Proposed Lots 1 and 2 are well under the minimum lot size and frontage requirements for Rural zoned land (where not GQAL) as identified in probable solution PS1.2. Ordinarily, non compliance with the minimum lot size requirements as outlined in probable solutions PS1.1 and PS1.2 would form a basis for the refusal of development applications for subdivision within the Rural zone. However, the subject site is a heavily vegetated rural lifestyle allotment (total area of 9,510m2) located immediately adjacent rural residential zoned land. The subject site is not used for agricultural purposes nor is it likely to be used for agricultural pursuits in the near or extended future. The proposed subdivision will result in the creation of two allotments similar in size and character to the majority of surrounding allotments and will separate the two existing dwellings located on site. It is considered the proposed development does not compromise Specific Outcome S1 or the overall intent of the Rural Zone Code. (e)

Planning Scheme Policies/Infrastructure Charges Plan

The following planning scheme policies are relevant to the application:

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No. 2 - Headworks Charges for Water Supply and Sewerage Currently, Lot 1 on RP724696 hosts a single water connection, despite there being two dwellings on site. As each individual proposed allotment is required to have a separate connection to Council's reticulated water supply, a contribution towards Water Supply Headworks at the rate of 1 EDC (equivalent domestic connection) is applicable. The subject site is located within the "Kuranda Low Level Zone" Water Headworks Area. Based on the 2012/2013 Schedule of Fees and Charges, a contribution of $4,868.00 is applicable. No. 4 - Development Manual All development works must be carried out in accordance with the FNQROC Development Manual. No. 5 - Open Space Contributions In accordance with Planning Scheme Policy No. 5 - 'Open Space Contributions', a monetary contribution for parks and public open space is required. Based on the 2012/2013 Schedule of Fees and Charges, a contribution of $3,668.00 is applicable. No. 6 - Augmentation of the Road Network Contribution Lot 1 on RP724696 contains two existing dwellings with the proposed subdivision sought to separate the two. In keeping with Council's current policy for road contributions for second dwellings, caretaker's residences and the like, it is deemed that the applicable road contribution for the second dwelling house would have been paid at the time the dwelling house was constructed. Therefore no further contribution is payable at this time. (f)

Adopted Infrastructure Charges Notice

Water Supply In accordance with Planning Scheme Policy No. 2 - Headworks Charges for Water Supply and Sewerage, a contribution of $4,868.00 is applicable. Roadworks An Augmentation of the Road Network Contribution is not considered necessary in this instance (see above). Parks In accordance with Planning Scheme Policy No. 5 - Open Space Contributions, a contribution of $3,668.00 is applicable. REFERRALS Concurrence This application did not trigger referral to any Concurrence Agencies.

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Advice This application did not trigger referral to any Advice Agencies. Internal Consultation Development Engineering - access PLANNING DISCUSSION Access/internal driveways The subject site and subsequently proposed Lots 1 & 2, are accessed via a bitumen sealed common access driveway situated within the access handle of Lot 1 on RP725539. This access handle is accessed from Shiva Close via a bitumen sealed access crossover. This access crossover is currently constructed to FNQROC Development Manual standards as per the requirements of development approval REC/10/0032. Considering this, conditions regarding the construction or upgrade of the access crossovers have not been attached. To ensure a consistent standard of access for proposed Lot 2, conditions have been attached requiring the construction of bitumen sealed or reinforced concrete driveway within the proposed access easement contained within proposed Lot 1. Planning Scheme Conflict Despite the officer's recommendation, there are sufficient grounds for Council to refuse the application should they wish to do so. Although the majority of allotments fronting Shiva Close have been zoned Rural Residential, allotments fronting Black Mountain Road, including the subject land, were deliberately zoned Rural to prevent any future subdivision occurring within that area. Additionally, proposed lot 2 will not contain any actual frontage to a constructed road which in any case is a desired town planning outcome, regardless of zoning. It should be noted however, that despite proposed Lot 2 not containing any frontage to a constructed road, the allotment will be accessed through a formalised easement and conditions have been attached requiring a bitumen or concrete sealed access driveway be constructed within this easement. This access arrangement is not unlike the existing access arrangement for a number of lots along Shiva Close. Furthermore, as there is already a functioning dwelling constructed within proposed Lot 2, approval of such a subdivision is not likely to place any additional pressure on available services or service infrastructure, including Council roads. Date Prepared:

25 June 2013

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ATTACHMENT 1 APPROVED PLANS (DWS VS 3303321)

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ITEM-2

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A, L & E KRUCK - CHANGE OF DEVELOPMENT APPROVAL MCU (TOURIST FACILITY - ART GALLERY AND SHOPS) - LOT 3 SP239256 - 4 KEHOE PLACE, YUNGABURRA - DA/13/0067 (E)

DOCUMENT INFORMATION

MEETING:

Ordinary

MEETING DATE:

4 July 2013

REPORT AUTHOR/ OFFICER’S TITLE:

Peter Pattison, Senior Planner

DEPARTMENT:

Planning and Development

FILE NO:

APPLICATION DA/13/0067

APPLICANT: LODGED BY: DATE REQUEST TO CHANGE LODGED: TYPE OF APPROVAL: APPROVED DEVELOPMENT: PLANNING SCHEME: ZONE : LEVEL OF ASSESSMENT:

ATTACHMENTS:

ADDRESS: RPD: AREA: OWNER :

A, L & E Kruck A & L Kruck 6 June 2013

PREMISES 4 Kehoe Place, Yungaburra Lot 3 SP239256 659 m2 A, L & E Kruck

Development Permit Material Change of Use – Tourist Facility – Art Gallery & Shops Eacham Shire Planning Scheme 2006 (as amended V2 2010) Business & Retail Zone Code Assessable

1. 2. 3. 4.

Decision Notice – dated 14 November 2012 Applicant’s request to change development approval dated 31 May 2013 (Pages 1 & 2 only) Department of Transport & Main Roads response dated 11 June 2013 Tax Invoice/Receipt #454702 dated 06/06/2013 - $502.00

EXECUTIVE SUMMARY Council approved a development application described in the above application details by delegated authority on 9 November 2012, subject to conditions. The application was code assessable and the applicants had previously agreed to the conditions of the development approval.

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The applicant has subsequently lodged an application to change the development approval with respect to Condition 4.2 - construction standards of the internal driveway and car parks, and a request for refund of the application fee paid for the requested change application. 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 constitutes a permissible change under section 367 of SPA. It is recommended that the application be approved in part and Council decide whether to refund the applicable application fee

OFFICER'S RECOMMENDATION It is recommended that: “1. In relation to the application to change the following development approval:

APPLICANT:

APPLICATION A, L & E Kruck

TYPE OF APPROVAL APPROVED DEVELOPMENT

Development Permit

ADDRESS: RPD:

PREMISES 4 Kehoe Place, Yungaburra Lot 3 on SP239256

Material Change of Use (Tourist Facility – Art Gallery & Shops)

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

Condition 4.2 of Council’s Decision Notice issued on 14 November 2012 be amended as follows:

The developer must ensure that the development is provided with five (5) on-site car parking spaces which are available for use solely for the parking of vehicles associated with the use of the premises. The entire driveway, car parking access, easement, and the disability car parking space and associated access to the building, must be paved, concreted, or bitumen sealed and appropriately drained, while the remaining carparks must be gravel sealed and appropriately drained, prior to the commencement of the use and to the satisfaction of Council's delegated officer. The car parking facilities and vehicle access must be in accordance with: Australian Standard AS2890:1 Off Street Parking – Car Parking Facilities; Australian Standard AS1428:2001 – Design for Access and Mobility

(B) 2.

The applicants' request for refunding of the $ 502.00 application fee be approved or refused.

A Notice of Decision on Request to Change a Development Approval be issued to the applicant and the Department of Transport & Main Roads advising of Council’s decision”

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THE SITE The subject site is a wedge shaped allotment located within the village precinct of Yungaburra with an existing unsealed crossover to Kehoe Place. The existing internal vehicle access is also an access easement benefitting Lot 1 on SP 239256, immediately to the west. It should be noted that the correct positioning of the access easement in the aerial map below is further to the south aligning with the crossover to Kehoe Place. Although relatively flat, the site slopes towards the south-west with dense screening vegetation towards the street frontage. All services including reticulated sewerage are available to the allotment. Of importance to the assessment of this application, the subject site is within the Yungaburra Town Centre Character Area and has a number of Queensland Heritage listed sites in close proximity. These are Eden House Restaurant at 20 Gillies Highway, the former Bank of NSW (now the Whistle Stop) on the corner of Cedar Street and Kehoe Place and The Burra Inn at 34 Cedar Street.

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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.

BACKGROUND AND CONTEXT The applicant requests a change to a development condition that specifies car parking construction requirements. Council officers met with the applicant’s representative prior to lodgement of the application and provided advice about the possible construction requirements and standards for the car parking and internal vehicle access and crossover, and the required number of parking spaces. In addition, draft conditions of the approval were agreed to by the applicant prior to Council’s delegated officer decision being issued. The applicant contends that, although they understood and agreed to the officer recommendation for the carpark construction requirements, they were of the understanding this requirement might be relaxed at the time that Council decided the application. However, because the application was code assessable, it was decided under delegation. No request for a negotiated decision followed. The applicants are now proposing that only the disability car park surface and associated access to the building be of hard stand construction with the balance of car parks to be compacted gravel standard. In addition, the applicants are also requesting that the applicable application fee of $ 502 be refunded.

ASSESSMENT AND DECISION REQUIREMENTS Owners consent In accordance with section 371 of SPA owner’s consent was submitted with the application.

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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.

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

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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 31 May 2013. 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. No additional planning instruments have come into force or changes to the existing planning instruments been made.

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 The original application triggered referral to the Department of Transport & Main Roads. The Department of Transport & Main Roads advised in a letter dated 11 June 2013 that they have no objection to the proposed change (Attachment 3).

any pre-request response notice about the request No pre-request response notices were received.

REQUEST TO CHANGE THE DEVELOPMENT APPROVAL Condition 4.2 Car Parking The developer must ensure that the development is provided with five (5) on-site car parking spaces which are available for use solely for the parking of vehicles associated with the use of the premises. All car parking spaces must be paved, concreted or, bitumen sealed and appropriately drained prior to the commencement of the use, to the satisfaction of Council's delegated officer. The car parking facilities and vehicle access must be in accordance with: Australian Standard AS2890:1 Off Street Parking – Car Parking Facilities; Australian Standard AS1428:2001 – Design for Access and Mobility

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Request by Applicant The applicant requests this condition to be amended to provide that only the disability car park and associated access area to the building be paved, concreted or bitumen sealed, leaving the other 4 car park areas (and associated internal driveway) to be a formed gravel surface in keeping with the village amenity. Response Probable Solution 9.1 of the Parking & Access code requires that: Parking areas are kept and used exclusively for parking and are maintained for parking. Pavements for car parking areas and access ways are constructed in one of the following ways • Reinforced concrete minimum thickness to be 100 millimetres for parking areas and 150 millimetres for access ways; • Gravel with a minimum thickness of 25mm of asphalt surfacing; • Gravel with a two (2) coat sprayed bitumen seal; or • Gravel surfaced with concrete pavers Council has recently taken the following approaches to this issue in Yungaburra: Application

IDAS11/11

IDAS04/12 IDAS29/10

Approval

Location

2011 - Material Change of Use (hardware store & caretaker's residence) 2012 - Material Change of Use (Function Centre) 2011 - Material Change of Use (hardware store & caretaker's residence)

34 Cedar Street (adjoining the subject site) 33 Gillies Hwy (Nic's Restaurant) 18 Eacham Road

Carpark & Access construction Requirement concreting, paving or bitumen sealing concreting, paving or bitumen sealing sealing of access & customer carparking, but not staff parking

There are examples of gravel surfaced carparks in Yungaburra (Eden House, Mountain Spa, Allumbah Pocket Cottages), however, these tend to be in older developments. On the other hand, some older developments have sealed driveways and carparks (The Doctor's House, Nic's Restaurant & Curtain Fig Motel). The subject land is burdened by an access easement in favour of the adjoining lot, and the easement runs through the proposed carpark. That adjoining lot is the subject of a Material Change of Use approval for a hardware store & caretaker's residence (IDAS11/11), that requires provision of a sealed carpark at the rear of the hardware store. This means that the subject driveway will also service an adjoining sealed carpark. While a requirement for sealed parking and access for a commercial development in an urban setting is considered to be both reasonable and relevant, Council may wish to consider the following options: (i) retain the condition and refuse the change; (ii) sealing of the disability car park and the associated driveway and access area to the building, or; Page 31


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(iii) sealing of the disability car park and the associated access area to the building, and the entire driveway. Considering the access through this car park will serve the subject site and car parking for the adjoining premises, Council officers consider the entire access and disabled car park should be sealed but that the other car parks could be gravel surface. The recommendation has been worded as such Request for Refund of Fees - $502 Request by Applicant The applicant requests a refund of the fee paid ($502) Attachment 4 in relation to this application on the basis that they understood the application would be presented to a Council meeting for decision and, with Councillor support, the amendment they are seeking would have at least been considered at a meeting and a decision made based on the lesser construction standards. However, no representations were made to this effect prior to the application being decided nor as part of a negotiated decision request. Council officers do not consider there are any compelling reasons to provide a refund in these circumstances but have left the recommendation open for council's consideration to either approve or refuse the request. Date Prepared:

25 June 2013

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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

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PROPOSED PLANNING SCHEME AMENDMENT 01/11 - WIND FARMS - MAREEBA SHIRE PLANNING SCHEME 2004

DOCUMENT INFORMATION

MEETING:

Ordinary

MEETING DATE:

4 July 2013

REPORT AUTHOR/ OFFICER’S TITLE:

Brian Millard, Senior Planner

DEPARTMENT:

Planning and Development

EXECUTIVE SUMMARY Council at its Ordinary Meeting held on 20 July 2011 proposed to amend the Mareeba Shire Planning Scheme 2004 to strengthen its provisions relating to the assessment of wind farm development. Council subsequently undertook the statutory process to give effect to the planning scheme amendments and wrote to the Minister seeking approval to adopt the amendments on 3 July 2012. Since that time, the Minister has deferred a decision on Council's request. The primary reasons provided for this deferral was that the State was developing a state-wide policy framework for wind farms and Council had TLPI 01/12 (Wind Farms) in place. Temporary Local Planning Instrument (TLPI) 01/12 (Wind Farms) will expire on 7 October 2013. The State Government has failed to implement a state-wide policy framework for wind farms. Due to the approaching expiry of TLPI 01/12 (Wind Farms), there is an urgent need to move forward and finalise the permanent planning scheme amendments. It is proposed to write to the Deputy Premier and Minister for State Development, Infrastructure and Planning requesting urgent approval to adopt the planning scheme amendments. OFFICER'S RECOMMENDATION "That Council write to the Deputy Premier and Minister for State Development, Infrastructure and Planning requesting an urgent and favourable response to Council's letter of 3 July 2012 which requests approval for Council to adopt the Planning Scheme Amendment 01/11 - Wind Farms; prior to the expiry of Temporary Local Planning Instrument 01/12 (Wind Farms) on 7 October 2013. In making this request, Council notes that the Deputy Premier and Minister for State Development, Infrastructure and Planning wrote to Council on 1 November 2012, deferring a decision on the planning scheme amendments due to the commencement of TLPI 01/12, the progress of the draft TRC Planning Scheme and the proposed development of a state-wide wind farm policy. On 6 February 2013, the Deputy Premier and Minister for State Development, Infrastructure and Planning wrote to Council advising that guidance in relation to the management of wind farm impacts would be included in the forthcoming single State Planning Policy(SPP).

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The draft single SPP released for public consultation in late April 2013 contains no state-wide wind farm provisions. Instead, a notation within the draft single SPP states that wind farms will be dealt with through the forthcoming State Assessment and Referral Agency (SARA) process which is due to commence on 1 July 2013. During recent training on the SARA process, State officers have confirmed that the SARA process does not currently include any specific provisions for the assessment of wind farms. The State Development Assessment Provisions (SDAP) which will be used for the assessment of State interests in the SARA process contains no specific provisions for wind farms. Despite the Deputy Premier and Minister for State Development, Infrastructure and Planning Minister's written advice to Council, there are no indications that any state-wide wind farm provisions will be released before the expiry of TLPI 01/12. Further, the draft TRC Planning Scheme will not be in place before the expiry of TLPI 01/12. On 20 May 2013, the Premier of Queensland, in response to concerns raised by a landowner in the vicinity of the proposed Mt Emerald Wind Farm, stated that he wanted local governments to be empowered to drive planning scheme for their areas. By providing a favourable response to Council's request for approval to adopt the Planning Scheme Amendment 01/11 - Wind Farms, the Deputy Premier and Minister for State Development, Infrastructure and Planning will demonstrate that the Queensland Government is committed to Government's goal of empowering local governments to drive planning scheme/s for their areas." BACKGROUND In 2011, through the assessment of the High Roads Wind Farm, Council officers became concerned that the current provisions of the Mareeba Shire Planning Scheme 2004 do not provide sufficient statutory basis to require the detailed expert technical assessments or to allow the imposition of conditions to manage the full range of potential wind farm impacts. In response it was recommended to the 6 July 2011 ordinary meeting, that Council proceed to draft and implement a Temporary Local Planning Instrument (TLPI) to provide appropriate level of assessment and assessment criteria for the development and operation of wind farms under the Mareeba Shire Planning Scheme 2004 and further to amend the planning scheme to have the same effect upon expiry of the TLPI. Temporary Local Planning Instrument 01/11 (Wind Farms) A TLPI overrides a planning scheme for a period of 12 months. It is used to quickly introduce a planning scheme change where Council and the Minister consider that the community is at immediate risk from shortcomings with an existing planning scheme and the planning scheme amendment process would take too long to complete. A report proposing a draft TLPI was submitted to the 20 July 2011 ordinary meeting. Council subsequently resolved: 1.

That Council prepare a Temporary Local Planning Instrument (TLPI) 01/11 (Wind Farms) generally in accordance with the draft Temporary Local Planning Instrument 01/11 (Wind Farms) attached to this report.

2.

That Council submit the Temporary Local Planning Instrument 01/11 (Wind Farms) and Statement of Reasons (as attached to this report) to the Minister for Local Government and Planning subject to any further amendments approved by the Mayor and CEO and requesting approval for Council to adopt the Temporary Local Planning Instrument 01/11 (Wind Farms). Page 66


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3.

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Subject to the Minister's unconditional approval or approval without any substantive conditions to adopt a Temporary Local Planning Instrument 01/11 (Wind Farms), Council delegate the authority to the Chief Executive Officer to adopt the Temporary Local Planning Instrument 01/11 (Wind Farms).

The Minister consented to the TLPI on 15 September 2011, subject to amendments to the development code. Council officers considered that the amendments required by the Minister reduced certainty about impacts on future adjoining or nearby dwellings. These provisions were required to be amended through deletion of significant terms such as 'surrounding land' and 'sensitive receptors'. While Council officers believed that the Minister's amendments watered down, and some cases removed, some important aspects of the original Council draft TLPI, it was still considered to be a more effective planning instrument for the assessment of wind farms than leaving the planning scheme unchanged. Council at its 5 Oct 2011 ordinary meeting resolved to adopt the Temporary Local Planning Instrument (Wind Farms - TLPI 01/11). TLPI 01/11 expired on 7 October 2012. Proposed Planning Scheme Amendment 01/11 - Wind Farms In conjunction with the decision to prepare TLPI 01/11, Council at its 20 July 2011 ordinary meeting resolved to prepare an amendment to the Mareeba Shire Planning Scheme 2004 to include the definition of wind farm, a wind farm code and to make development applications for a material change of use for a wind farm impact assessable in all zones. The purpose of the proposed planning scheme amendment is to make permanent amendments to the Mareeba Shire Planning Scheme 2004 to ensure it continues to establish the basis for Council to request detailed expert technical assessments and crucially, provide the statutory basis for Council to impose reasonable and relevant conditions for wind farm development after the expiry of the TLPI/s. A report proposing the proposed planning scheme amendment was submitted to the 7 September 2011 ordinary meeting. At this meeting, Council resolved to submit the proposed planning scheme amendment to the Minister for the First State Interest Review. On 23 December 2011, the Attorney-General, Minister for Local Government and Special Minister of State wrote to Council advising that Council may proceed to publicly notify proposed planning scheme amendment subject to minor changes being made prior to notification. Council at its 18 January 2012 ordinary meeting resolved to authorise the Manager of Urban and Regional Planning to proceed to publicly notify the proposed planning scheme amendment 01/11 Wind Farms, to the Mareeba Shire Planning Scheme 2004, in accordance with Statutory Guideline 02/09. Council at its 20 June 2012 ordinary meeting resolved in accordance with Step 8.6(b) of Stage 3 of Statutory Guideline 01/12 - Making and amending local planning instruments, instruct the Manager Urban and Regional Planning to write to the Minister seeking: (i)

direction about whether a second state interest review is required, and

(ii)

approval to adopt the proposed planning scheme and proceed to Step 11 of Statutory Guideline 01/12 - Making and amending local planning instruments."

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On 17 August 2012, the Mayor wrote to the Minister requesting a response to Council's letter of 3 July 2012. On 12 September 2012, a further letter was sent to the Minister expressing concern regarding his failure to respond in relation to the proposed planning scheme amendments and proposing a new TLPI which would continue the provisions of the soon to expire TLPI 01/11. On 28 September 2012, the Minister wrote to Council authorising the adoption of TLPI 01/12. TLPI 01/12 took effect on 7 October 2012. On 1 November 2012, the Minister again wrote to Council (Attachment 1) stating that due to the commencement of TLPI 01/12, he was deferring a decision on the planning scheme amendment. In deciding to defer the decision, the Minister stated that he would be considering the draft TRC Planning Scheme and a proposed state-wide wind farm policy. The draft TRC Planning Scheme is still in progress and it remains uncertain whether the Minister will sign off on the TRC Planning Scheme for the new Mareeba Shire. On 6 February 2013, the Minister wrote to Council (Attachment 2) advising that guidance in relation to the management of wind farm impacts would be included in the forthcoming single State Planning Policy. The draft State Planning Policy released for public consultation in late April 2013 contains no statewide wind farm provisions. Instead, a notation within the draft SPP states that wind farms will be dealt with through the forthcoming State Assessment and Referral Agency (SARA) process which is due to commence on 1 July 2013. During recent training on the SARA process, State officers have confirmed that the SARA process does not currently include any specific provisions for the assessment of wind farms. The State Development Assessment Provisions (SDAP) which will be used for the assessment of State interests in the SARA process contains no specific provisions for wind farms. Despite the Minister's written advice to Council, there is no indications that any state-wide wind farm provisions will be released before the expiry of TLPI 01/12. Further, the new TRC Planning Scheme will not be in place before the expiry of TLPI 01/12. On 20 May 2013, the Premier of Queensland, in response to concerns raised by a landowner in the vicinity of the proposed Mt Emerald Wind Farm, stated that he wanted local governments to be empowered to drive planning scheme for their areas (Attachment 3). The Minister's sign off on the proposed amendments would be an appropriate way to empower TRC. Temporary Local Planning Instrument 01/12 (Wind Farms) TLPI 01/12 will expire on 7 October 2013 and the Mareeba Shire Planning Scheme 2004 will revert to the pre-TLPI state unless the proposed planning scheme amendment 01/11 - Wind Farms is finalised. DE-AMALGAMATION ISSUES Tablelands Regional Council at its Ordinary Meeting held on 20 July 2011 resolved in the following terms: 4.

That Council resolve to prepare an amendment to the Mareeba Shire Planning Scheme 2004 to include the definition of wind farm, a wind farm code and to make development applications for a material change of use for a wind farm impact assessable in all zones. Page 68


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Since this initial decision, Council has acted promptly to give effect to the proposed amendments and approval to adopt the amendments was sort from the Deputy Premier and Minster for State Development, Infrastructure and Planning on 3 July 2012. Twelve (12) months later, the Minister has still not given approval for Council to adopt the amendments. As a result, Council and the community are still reliant on TLPI 01/12 for the effective assessment of wind farm developments within the Mareeba Shire Planning Scheme area. TLPI 01/12 will expire on 7 October 2013. Whilst the Minister may approve a third TLPI, this option provides no certainty to the continuing TRC, the new MSC or the residents of either local government area because, a TLPI by its very nature, is temporary. Until the planning scheme amendments are finalised, there will continue to be a degree of concern over what planning provisions will be in place to assess future wind farm developments. The only option that provides an acceptable level of certainty to all parties is to finalise the planning scheme amendments before the expiry of TLPI 01/12 on 7 October 2013. LINK TO CORPORATE PLAN Outcome – Responsible Environmental Management Environmental responsibility in the ongoing development of the Region, by improving and managing the natural and built environment Environmental Protection Preserve and manage the region’s natural environment, open space and scenic amenity including bushland, wildlife, waterways management, water and air quality so as to maintain urban amenity and the productivity of rural land as well as minimizing the impact that waste generated by human activity has on the natural environment. Sustainable Development Improve the region’s urban form, character and natural environment through planning and development controls, design guidelines, traditional ownership considerations and sustainable development principles. CONSULTATION Internal NIL External Proposed planning scheme amendment 01/11 - Wind Farms was placed on public notification from 7 February 2012 to 29 March 2012. Three (3) properly made submissions were received. After reviewing each submission Council resolved to make one (1) minor change to amend a drafting error. This change did not result in the proposed planning scheme amendments being significantly different to the version for which Ministerial (former State Government) approval had been given to Council to publically notify.

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LEGAL IMPLICATIONS (STATUTORY BASIS, LEGAL RISKS) The usual legal implications that apply to any planning instrument will also apply to the amendment. Applicants and/or submitters will have the option of appealing decisions made under the proposed amendment. POLICY IMPLICATIONS Council's Statement of Reasons for the proposed planning scheme amendments are outlined in Attachment 4. The reasons for the planning scheme amendment have not diminished since they were first proposed by Council. If anything, the failure of the State Government to implement a state-wide policy framework for wind farm development has strengthened the reasons for Council to act. Action needs to be taken to ensure the continuation of Council's wind farm assessment criteria beyond the 7 October 2013. The implementation of a third consecutive TLPI would achieve this result, however it is considered an abuse of the TLPI process. A TLPI is intended to be "temporary" instrument fulfilling an immediate and urgent role, thereby providing sufficient time to finalise the permanent planning scheme amendment process. A TLPI is not a tool to allow the Minister to defer his legislative obligations. Council's planning scheme amendment process can quite easily be finalised before the expiry of the current TLPI 01/12, if the Minister gives approval. The Minister's approval for Council to adopt the planning scheme amendments would demonstrate that the Queensland Government is committed to Government's goal of empowering local governments to drive planning scheme/s for their areas. FINANCIAL & RESOURCE IMPLICATIONS Capital NIL Operating Sufficient funds exist in the budget to cover the Planning Scheme amendment process. Is the expenditure noted above included in the 2012/2013 budget? NIL If not you must recommend how the budget can be amended to accommodate the expenditure NIL IMPLEMENTATION/COMMUNICATION Subject to Council's approval, it is proposed to write to the Minister strongly requesting approval for Council to adopt the planning scheme amendments prior to the expiry of TLPI 01/12 on 7 October 2013.

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ATTACHMENTS 1. 2. 3. 4.

Deputy Premier and Minister for State Development, Infrastructure and Planning's letter of 1 November 2012. Deputy Premier and Minister for State Development, Infrastructure and Planning's letter of 6 February 2013. Premier's letters to Mr Martin dated 20 May 2013. Council's Statement of Reasons for the proposed planning scheme amendments.

Date Prepared:

25 June 2013

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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-4

Thursday 04 July 2013

REQUEST TO EXTEND INFORMATION REQUEST RESPONSE PERIOD - MT EMERALD WIND FARM PTY LTD APPLICATION FOR MCU (UTILITY INSTALLATION - WIND FARM) LOT 7 SP235244 - KIPPIN DRIVE, ARRIGA MCU/11/0024

DOCUMENT INFORMATION

MEETING:

Ordinary

MEETING DATE:

4 July 2013

REPORT AUTHOR/ OFFICER’S TITLE:

Peter Pattison, Senior Planner

DEPARTMENT:

Planning and Development

EXECUTIVE SUMMARY Council has received an applicant request to extend the Information Request response period for a Material Change of Use application for the Mount Emerald Wind Farm. The associated Council information request seeks further substantive technical details about noise, visual, traffic, construction and ecological impacts. The request is for a further six month extension to allow the applicant to complete a number of technical studies associated with the Council information request and other federal government requirements. Officers have requested that the applicant provide a staged response to the information request, however, this has not occurred and officers have been advised that no parts of the information request are complete. Section 277(3) of SPA provides for extension of the response period, and this mechanism has already been used to extend the response period to 28 October 2013 in accordance with a previous applicant request. The application will lapse if a response is not provided by 28 October 2013, and if Council does not agree to a further extension. There are a number of other assessment uncertainties associated with this application. They include the final form of the Single State Planning Policy provisions and associated guidelines for wind farms, the Minister for State Development Infrastructure and Planning's refusal to deal with a wind farm amendment to the Mareeba Shire Planning Scheme, and the lapsing of the Temporary Local Planning Instrument (TLPI) for wind farm development for the Arriga area on 7 October 2013. The last two matters are the subject of a separate report to be considered at this 4 July meeting. Officers consider that the requested information includes matters that ought to be addressed for the benefit of all parties prior to Council making its decision, and that the application cannot be adequately assessed without it. If the application were to be decided without that information, there could be potential costs implications if the matter proceeds to court as an applicant appeal and Council's decision were overturned as a consequence of a failure to obtain appropriate information. It is therefore recommended that the Information Request response period be extended to 1 April 2014.

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OFFICER'S RECOMMENDATION “It is recommended that: - the Information Request response period for the Material Change of Use application for the Mount Emerald Wind Farm (MCU/11/0024) be extended to 1 April 2014; - the applicant be requested to provide a staged response to the Information Request."

BACKGROUND

16 August 2011

Application Chronology Application lodged

26 August 2011

Not-properly made notice issued

15 Sept 2011

Minister consents to TLPI 01/011

29 March 2012 1 May 2012 12 October 2012

Application becomes properly made Information Request issued Information Request response period extended to 28 October 2013

The Information Request issued to the proponent requested further details that officers consider necessary to assess the application (see Attachment 1). Sustainable Planning Act Provisions Under s 278, the applicant must respond to an information request by giving Council all of the requested information, part of the requested information requested, or none of the requested information, within six months of the date of issue. Section 279(1-3) of SPA also provides for extension of the information request response period, if the applicant gives written agreement to the extension. Council has previously extended the response period in October 2012, and the response in now due before 28 October 2013. Under s 279, the application will lapse if the response is not provided by 28 October 2013, and if Council does not agree to further extend the response period (see below):

S 279 Lapsing of application if no response to information request (1) The application lapses if the applicant does not comply with section 278 within— (a) for an application required by an enforcement notice or in response to a show cause notice—3 months after receiving the information request (the response period) or the further period agreed between the applicant and the entity making the information request; or (b) for any other application—6 months after receiving the information request (also the response period) or the further period agreed between the applicant and the entity making the information request. (2) However, if the application is revived under section 280(1), the application lapses if the applicant does not comply with section 280(2).

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(3) Subsection (4) applies if— (a) (b) (c)

the applicant asks the entity making the information request to agree to extend the response period; and the entity does not respond to the request until 5 business days before the response period ends, or later; and the entity does not agree to the extension.

(4) The response period does not end until 10 business days after the response, advising that the entity does not agree to the extension, is received. (5) The entity making the information request must not unreasonably refuse to extend the response period. Part (5) above is the key test in the legislation, that is Council must not unreasonably refuse the request to extend the response period. If the application were to lapse, the applicant could lodge a new application for the same development. If the Minister were to not approve the planning scheme amendment, or further renew the TPLI, any new application lodged after 6 October 2013 may not be subject to the requirements of the TLPI. This represents a considerable risk that a new development application may not be assessed against an appropriate assessment framework. DE-AMALGAMATION ISSUES The site is located within the boundaries of the soon to be de-amalgamated Mareeba Shire and any decision on the application after 31 December 2013 will therefore be the responsibility of the new Mareeba Shire Council as will future dealings with the application such as appeals. DISCUSSION The grounds for agreeing to further extend the response period are: 

this a large, high-value development application with associated complex technical issues and impacts;



the requested information includes matters that ought to be addressed for the benefit of all parties prior to Council making its decision;



the application cannot be adequately assessed without the requested information;



the applicant is primarily focusing on matters required for Federal approval under the EPBC Act. This information and any approval may require significant changes to the application or the application may be refused.



if the application were to be decided without that information, there could be potential cost implications for Council if the matter proceeds to court as an applicant appeal and a decision is overturned as a consequence of Council's failure to obtain appropriate information.



There is a risk that an appropriate assessment framework may not be in place should the application be re-lodged at a later date. That is that the current TLPI may no longer be in place nor amendments made to the Mareeba Shire Planning Scheme.

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S279(5) of SPA specifies that the entity (Council) making the information request must not unreasonably refuse to extend the response period and there is a risk that considering the nature of this application that refusal may be seen as unreasonable.

The grounds for not agreeing to further extend the response period are unclear but may be: 

the development is located on the boundary of the de-amalgamated Mareeba Shire and the continuing TRC. It is unclear if the de-amalgamated Mareeba Shire would take the concerns of TRC residents into consideration when deciding the application.



the application is causing significant concerns to some surrounding land owners and further delay increases uncertainty.

The grounds for not agreeing to the requested extension are related to de-amalgamation and are not normal or particularly relevant considerations. Uncertainty for surrounding landowners would not be resolved by refusing the request. The need for Council to ensure it has also relevant information to make a decision, legislative considerations and the potential for information for the federal approval and that approval to change the application are compelling and appropriate considerations. It is, therefore recommended Council approve the requested extension. If Councillors are of the view that the applicant has not provided sufficient information to demonstrate the request is reasonable. Council may refuse the request or delay making a decision on the request subject to the applicant providing further and better particulars regarding the request. It may be reasonable for Council to request information such as further detail on progress made to date on various information request components and work required to complete their responses to Council and SEWPaC. The applicant has provided a list of activities being undertaken but no particular details of progress, nor a detailed estimate of the work to complete. Officers are anecdotely aware of various activities underway in response to the Information Request. Section 279(5) places the responsibly on TRC to "not unreasonably refuse to extend the response period". Council officers are of the view that it would be reasonable that Council offer the applicant an opportunity to address any concerns regarding the adequacy of their request should Council be concerned with the request. An alternative resolution could be: Council defer the decision on the request to extend the period for the response to the information request and request the applicant provide further evidence to Council regarding progress made in relation to requested information and estimated timeframes for completion.

LINK TO CORPORATE PLAN Outcome – Responsible Environmental Management Environmental responsibility in the ongoing development of the Region, by improving and managing the natural and built environment Environmental Protection Preserve and manage the region’s natural environment, open space and scenic amenity including bushland, wildlife, waterways management, water and air quality so as to maintain Page 87


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urban amenity and the productivity of rural land as well as minimizing the impact that waste generated by human activity has on the natural environment. Sustainable Development Improve the region’s urban form, character and natural environment through planning and development controls, design guidelines, traditional ownership considerations and sustainable development principles. CONSULTATION Internal Nil External Nil LEGAL IMPLICATIONS (STATUTORY BASIS, LEGAL RISKS) The following legal matters are highlighted for Council's consideration: - S279(5) of SPA specifies that the entity (Council) making the information request must not unreasonably refuse to extend the response period. - If the application were to be decided without the requested information, there could be potential costs implications for Council if the matter were to proceed to court as an applicant appeal and a decision is overturned as a consequence of Council's failure to obtain appropriate information. POLICY IMPLICATIONS •

The Tablelands Regional Council recognised that the relevant planning scheme provisions were inadequate for the proposed wind farm and prepared a Temporary Local Planning Instrument (TLPI) for wind farm development for the Mareeba Shire area. The TLPI came into force in October 2011, and the Minister for State Development, Infrastructure and Planning has extended its currency period to 6 October 2013.

Under the provisions of that TLPI, the development application is only code assessable, which means that the application does not have to be publicly notified, and that there are no third party appeal rights to any decision. There has been considerable public interest in the development, and Council has received a large number of submissions and representations.

A wind farm amendment to the Mareeba Shire Planning Scheme was submitted to the Minister for State Development, Infrastructure and Planning for approval in August 2012. He has not dealt with that planning scheme amendment, but has instead extended the TLPI to 6 October 2013.

The development application for the wind farm is subject to the provisions of the TLPI, provided that TLPI is still in place at the time the application is decided. It is unclear if the provisions of the TLPI will apply to assessment of the application, if the TLPI lapses prior to the application being decided.

The state government is currently preparing a single State Planning Policy, and the Minister for State Development, Infrastructure and Planning has informed Council that the policy will address wind farms. The draft of this document did not include provisions for wind farms or associated guidelines.

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•

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The draft TRC Planning Scheme contains a Renewable Energy Facility Code that is capable of addressing wind farm development throughout the whole of the TRC.

FINANCIAL & RESOURCE IMPLICATIONS Capital NIL Operating Sufficient funds have not been allocated in the 2013/14 budget to engage appropriate experts to assist in assessing this application. Is the expenditure noted above included in the 2012/2013 budget? Yes, however, the 2013/14 Budget allocation was removed. If not you must recommend how the budget can be amended to accommodate the expenditure An amendment to the budget will likely be required. IMPLEMENTATION/COMMUNICATION Council's decision on this matter will be communicated to the applicant in writing and a media release would be advisable to ensure concerned residents are aware of the extension. ATTACHMENTS 1. 2.

issued Information Request applicant request to extend Information Request response period

Date Prepared:

26 June 2013

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ATTACHMENT 1

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ATTACHMENT 2

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ITEM-5

RENEWAL OF SPECIAL LEASE 9/47887 OVER LOT 138 DA436, HAWKINS ROAD, PADDYS GREEN

MEETING:

Ordinary

MEETING DATE:

4 July 2013

REPORT AUTHOR/ OFFICER’S TITLE:

Brian Millard, Senior Planner

DEPARTMENT:

Planning and Development

EXECUTIVE SUMMARY Application has been made to the Department of Natural Resources and Mines (DNRM) for the renewal of Special Lease 9/47887 over land described as Lot 138 on DA436, Parish of Southedge, situated in the vicinity of Hawkins Road, Paddys Green, via Mareeba. DNRM seeks Council's views on the renewal of the lease and also requests details of any local non-indigenous cultural heritage values associated with the land. OFFICER'S RECOMMENDATION "That Council offer no objection to the renewal of special lease over Lot 138 on DA436, Parish of Southedge for grazing purposes, and further advise the Department of Natural Resources and Mines that there are no known non-indigenous cultural heritage values associated with the land." BACKGROUND The subject land is situated in the vicinity of Hawkins Road, Paddys Green and is currently used for grazing purposes. The current lessee does not appear to hold tenure over any other land in the locality. Lot 138 on DA436 has no legal access to Hawkins Road and instead is informally accessed through the Qld Government's Southedge Research Station and McMillan Road. Legal access to the subject land is only available via unformed road reserve and ultimately Adil Road. Should the special lease be renewed, it is proposed that the land continue to be used for the purpose of grazing.

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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.

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

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DE-AMALGAMATION ISSUES NIL LINK TO CORPORATE PLAN Outcome – Responsible Environmental Management Environmental responsibility in the ongoing development of the Region, by improving and managing the natural and built environment Sustainable Development Improve the region’s urban form, character and natural environment through planning and development controls, design guidelines, traditional ownership considerations and sustainable development principles. CONSULTATION Internal NIL External NIL LEGAL IMPLICATIONS (STATUTORY BASIS, LEGAL RISKS) NIL POLICY IMPLICATIONS The subject land has an area of 173 hectares and is zoned Rural under the Mareeba Shire Planning Scheme 2004. There is no objection to the continued use of the land for grazing purposes. There are no known non-indigenous cultural heritage values associated with the subject land. FINANCIAL & RESOURCE IMPLICATIONS Capital NIL Operating NIL Is the expenditure noted above included in the 2012/2013 budget? NIL If not you must recommend how the budget can be amended to accommodate the expenditure NIL

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IMPLEMENTATION/COMMUNICATION NIL ATTACHMENTS 1.

Department of Natural Resources and Mines letter dated 21 June 2013.

Date Prepared:

25 June 2013

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ATTACHMENT 1

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ITEM-6

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M & C ROBINSON - MATERIAL CHANGE OF USE VETERINARY CONSULTING ROOMS - LOT 1 RP734351 - 21 LOUISE STREET, ATHERTON - DA/13/0010 (A)

DOCUMENT INFORMATION

MEETING:

Ordinary

MEETING DATE:

4 July 2013

REPORT AUTHOR/ OFFICER’S TITLE:

Peter Pattison, Senior Planner

DEPARTMENT:

Planning and Development APPLICATION DETAILS

FILE NO:

APPLICATION DA/13/0010

APPLICANT: LODGED BY: DATE LODGED: TYPE OF APPROVAL: PROPOSED DEVELOPMENT: PLANNING SCHEME: ZONE : LEVEL OF ASSESSMENT: SUBMISSIONS:

ATTACHMENTS:

ADDRESS: RPD: AREA: OWNER :

M & C Robinson M & C Robinson

PREMISES 21 Louise Street, Atherton Lot 1 on RP734351 1,004 sq m McAuliffe Girls Pty Ltd

Development Permit Material Change of Use - Veterinary Consulting Rooms Atherton Shire Planning Scheme 2002 (amended December 2004) Residential Planning Area / Atherton District Map Impact six

1. 2. 3. 4. 5.

Proposal Plan Dept of Transport & Main Roads response dated 19 March 2013 properly made Submitter letters applicant responses to submissions not properly made submission received 22 May 2013

EXECUTIVE SUMMARY Council is in receipt of a development application described in the above application details. The application is impact assessable and six submissions were received in response to public notification of the application. It has been assessed against the relevant statutory planning instruments, including the Regional Plan and the Planning Scheme and does not conflict with any relevant planning.

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The key planning issues of the proposed development are the concerns of neighbours in relation to noise impacts. Draft conditions of approval were provided to the applicant prior to this Council meeting. It is recommended that the application be approved in full with conditions.

OFFICER'S RECOMMENDATION 1.

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

APPLICATION PREMISES APPLICANT: ADDRESS: M & C Robinson 21 Louise Street, Atherton DATE LODGED RPD: 15 February 2013 Lot 1 on RP734351 TYPE OF Development Permit APPROVAL PROPOSED Material Change of Use - veterinary consulting rooms DEVELOPMENT

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

Development Permit for a Material Change of Use veterinary consulting rooms with limited overnight kennelling

And The assessment manager does not consider that the assessment manager’s decision conflicts with a relevant instrument. (B)

APPROVED PLANS: Plan/Document Number 13/5946 AB-1

(C)

Plan/Document Title Site Plan for Lot 1 on RP734351

Prepared by Twine Surveys Pty Ltd

Dated 14/2/2103

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

1.

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

found necessary by Council’s delegated officer at the time of examination of the engineering plans or during construction of the development because of particular engineering requirements; and to ensure compliance with the following conditions of approval. Page 111


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2.

3.

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Timing of Effect 2.1

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

2.2

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

General 3.1

The applicant/developer is responsible for the cost of necessary alterations to existing public utility mains, services or installations required by works in relation to the proposed development or any works required by condition(s) of this approval.

3.2

All payments required to be made to the Council (including contributions, charges and bonds) pursuant to any condition of this approval must be made prior to the commencement of the use and at the rate applicable at the time of payment.

3.3

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

3.4

The approved use will be limited to veterinary consulting for small animal species only (dogs, cats and other small domestic pets or wildlife), but will include surgery and associated recovery (including overnight kennelling and associated supervision by veterinary staff).

3.5

Hours of Operation The public consulting hours shall be between 7.30 am and 5.30 pm Monday to Friday and between 7.30 am and 12 pm Saturday. No public consulting is permitted on Sunday or Public Holidays: SAVE THAT These requirements do not extend to out-of-hours emergency treatment of sick, diseased or injured animals, or animals recovering from treatment or surgery that are so ill that they require onsite overnight kennelling and supervision.

3.6

Noise Impact Reduction (a) (i) The applicant/developer will install soundproofing in the kennel room that will achieve a further 7 dDB(A) reduction in noise levels when measured at the immediately adjacent side boundary. OR (ii) Construct the fence required by Condition 4.5 (b) so that it also functions as an acoustic barrier. This 2.5 m high acoustic barrier fence will be imperforate, with no gaps below, and of a minimum mass of 10 kg/sq m, such that it is generally capable of achieving a 7 dDBA reduction in noise levels when measured on opposite sides of the fence throughout its operational life to the satisfaction of Council's delegated officer. Page 112


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(b) No new refrigeration equipment, pumps, compressors and mechanical ventilation systems will be installed on the southern wall of the existing building. (c) Any new refrigeration equipment, pumps, compressors and mechanical ventilation systems must be located, designed, installed and maintained to achieve a maximum noise level of 3 dB(A) above background levels as measured from noise sensitive locations and a maximum noise level of 8 dB(A) above background levels as measured from commercial locations. (d) The applicant is required to install and maintain suitable screening to any new air conditioning, plant and service facilities, visible from the street, located on top of the building, or on an external face of the building. The screening structures must be constructed from materials that are consistent with materials used elsewhere on the facade of the building. (e) Only animals that are recovering from treatment or surgery, and that are so ill that they require overnight supervision, will be kennelled overnight on the premises. (f) No more than six animals will be kennelled overnight on any one night. (g) Any animal kennelled overnight will be supervised at all times by onsite veterinary staff. Those staff will ensure that animals do not create noise that will be a nuisance to adjoining properties. (h) Any animal kennelled overnight will be housed in the room labelled Resident on the approved plan.

3.7

(i)

No animal will be kennelled on site for more than five nights per treatment.

(j)

The applicant will maintain a register of overnight kennelling that only records the number of animals kennelled overnight, date, supervisor and any noise incidents (without reference to personal details). That register will be available for inspection by Council's delegated officer.

Waste Management An on-site refuse storage area must be provided and be screened from view from adjoining properties and any road reserve by a 1 metre wide landscaped screening buffer or a 1.8m high solid fence.

3.8

Signage Signage is to be in accordance with Section 4.11 of the Atherton Shire Planning Scheme - Advertising Devices Code.

4.

Infrastructure Services and Standards 4.1

Access The vehicular access to the site will be via the existing Jack Street access. That access will be constructed to a Commercial access crossover standard from the edge of the road pavement to the property boundary of the subject lot in accordance with the FNQROC Development Manual, to the satisfaction of Council’s delegated officer. Page 113


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The applicant/developer is to make an application for driveway access onto a Council road. The application is to be accompanied by the relevant fee and will be required to certify or be assessed for compliance by Council's delegated officer. 4.2

4.3

Stormwater Drainage (a)

The design and construction of stormwater drainage for the proposed development is to be in accordance with the approved plan.

(b)

The applicant must ensure a non-worsening effect on surrounding land as a consequence of the development and must take all reasonable and practicable measures to ensure discharge occurs in compliance with the Queensland Urban Drainage Manual (QUDM) and the FNQROC Development Manual.

(c)

Stormwater will be discharged to the Jack Street kerb.

Car Parking/Internal Driveways The developer must ensure that the development is provided with a total of six on-site car parking spaces which are available solely for the parking of vehicles associated with the use of the premises. All car parking spaces must be bitumen or concrete sealed, or paved, line-marked and appropriately drained prior to the commencement of the use, to the satisfaction of Council's delegated officer. Prior to works commencing, the developer must ensure that construction of the required carparking and driveways in compliance with any relevant condition of approval as well as the following: Australian Standard AS2890:1 Off Street Parking – Car Parking Facilities; Australian Standard AS1428:2001 – Design for Access and Mobility

4.4

Landscaping (a)

A landscape plan must be prepared for the site and submitted to Council’s delegated officer for consideration and approval. The plan will provide for the following buffer screen plantings of medium shrubs: (i)

a 1.5 m wide vegetation screen along the entire length of the north-western boundary

(ii) a single line of shrubs between the required carpark and the southwestern boundary (approximately 20 m in length) (iii) a single line of shrubs between the required carpark and the road frontage (approximately 20 m in length)

4.5

(b)

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

(c)

The existing shrubs and lawns will be retained and maintained to the satisfaction of Council's delegated officer.

Fencing

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(a)

If the applicant decides to comply with Condition 3.6 (a)(i), a 1.8 m high solid fence will be constructed along (or close to) the common boundary between the subject lot and Lot 519 on A3193, from the rear corner of the takeaway shop on adjoining Lot 519 to the most western corner of the site to the satisfaction of Council's delegated officer.

(b)

If the applicant decides to comply with Condition 3.6 (a)(ii), a 2.5 m high solid fence will be constructed along (or close to) the common boundary between the subject lot and Lot 519 on A3193, from the rear corner of the takeaway shop on adjoining Lot 519 to the most western corner of the site in accordance with the requirements of Condition 3.6 (a)(ii) and to the satisfaction of Council's delegated officer.

(c)

An entirely new 1.8 m high solid fence will be constructed along (or close to) the entire common boundary between the subject lot and Lot 501 on A3193.

(d)

both fences will be constructed down to natural ground level and be to the satisfaction of Council's delegated officer.

Lighting Where outdoor lighting is required the developer shall locate, design and install lighting to operate from dusk to dawn within all areas where the public will be given access, which prevents the potential for light spillage to cause nuisance to neighbours and must be provided in accordance with Australian Standard 1158.1 – Lighting for Roads and Public Spaces. Illumination resulting from direct, reflected or other incidental light emanating from the subject land does not exceed 8 lux when measured at any point 1.5m outside the property boundary of the subject site. The lighting fixtures installed on site must meet appropriate lux levels as documented within Australian Standard 4282 – Control of the Obtrusive Effects of Outdoor Lighting.

4.7

Water Supply A water service connection must be provided to the subject lot in accordance with FNQROC Development Manual standards (as amended) to the satisfaction of Council’s delegated officer.

4.8

Sewerage Connection The developer must connect the proposed development to Council’s reticulated sewerage system in accordance with FNQROC Development Manual standards (as amended) to the satisfaction of Council’s delegated officer.

(D)

ASSESSMENT MANAGER’S ADVICE (a)

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

(b)

Compliance with Acts and Regulations

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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. (E)

CONCURRENCE AGENCY CONDITIONS Department of Transport and Main Roads conditions dated 19 March 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 (fence) - if the height of the fence exceeds 2 m

OTHER APPROVALS REQUIRED FROM COUNCIL •

Nil

THE SITE

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

The subject site has double road frontage to both Jack Street and Louise Street, and those dual carriageway roads are bitumen sealed and kerbed, have existing concrete footpaths, and contain both formal parallel parking and median parking. It is accessed from Jack Street via an established kerb crossover that also services an internal unconstructed car park. The land contains a lowset, one storey, Queenslander-style building that was originally constructed as a dwelling, but which has more recently been used as a commercial medical services building. The external fabric of the building appears to be largely unchanged, however, a disabled access ramp has been added to the entrance.

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This locality consists of a mix of land uses including older, detached Queenslander dwellings, newer multiple dwellings, established commercial and medical businesses, and community use land (including the Atherton Hospital and showground). The western side of Louise Street is predominantly commercial and the immediately adjoining lot to the south contains a single storey commercial building with three tenancies (takeaway shop, flooring shop and a gym), and a residential dwelling at the rear. Two immediately adjoining lots to the west contain residential dwellings.

BACKGROUND AND CONTEXT The subject building has been previously used as medical consulting rooms until recently.

DESCRIPTION OF PROPOSED DEVELOPMENT The development application seeks a Development Permit for a Material Change of Use veterinary consulting rooms in accordance with the plans shown in Attachment 1. The primary focus of the proposed vet practice would be the treatment of companion animals and will not include the treatment of large animals, or the kennelling or boarding of healthy animals. Five onsite car parks, including one (1) disabled space, are proposed for the development. It does, however, propose that recovering animals be held overnight after treatment or surgery when the animals are so ill that they require overnight supervision by veterinary staff, and that the practice also provide an emergency, after hours service. This would involve a staff member staying on the premises at night to supervise retained animals that are so ill that they are not generally capable of making noise that could be a nuisance to adjoining properties. In the event that any noise is made by an animal retained overnight, the attending night staff can sedate that animal. No changes to the external fabric, or the internal layout, of the building are proposed. The use will include a consulting room and a surgery, and it is anticipated that the practice will employ up to 4-5 staff.

REGIONAL PLAN DESIGNATION The subject site is included within the Urban Footprint land use category in the Far North Queensland Regional Plan 2009-2031.

PLANNING SCHEME DESIGNATIONS Zone:

Residential Planning Area / Atherton District Map

Key Site :

Key Site 4 (Atherton Character Housing)

Planning Scheme Definitions The proposed use is defined as:Veterinary Consulting Rooms Any premises used by a veterinary surgeon in the practice of his profession and where no provision is made for the hospitalisation or boarding of animals. The term does not include a veterinary hospital as herein defined.

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ASSESSMENT AND DECISION REQUIREMENTS The Table of Assessment for the Residential Planning Area / Atherton District Map specifies that the application is impact assessable. It was lodged under the Sustainable Planning Act 2009 (SPA), and is assessed in accordance with the requirements of that Act. Sections 314, 317, 324, and 326 of SPA set out the decision rules that Council must follow when deciding this application and these are summarised below:

The decision must be based on assessments made against the relevant provisions of the Regional Plan, state planning policies not reflected in the planning scheme, the planning scheme including the relevant DEOs (the relevant instruments) and a preliminary approval to which section 242 applies.



Council must also assess and decide the application having regard to the common material submitted with the application, any development approval for, and any lawful use of, premises the subject of the application or adjacent premises, any concurrence agency requirements, advice agency recommendations and submissions received as a result of public notification.



Council may give weight if it is satisfied it is appropriate to consider a planning instrument, code, law or policy that came into effect after the application was made, but before the decision stage is started or restarted.



The decision must not conflict with any relevant instrument unless there are sufficient grounds to justify the decision, despite the conflict. Grounds are defined as matters of public interest, but do not include the personal circumstances (including financial circumstances) of an applicant, owner or interested party.

Chapters 2 to 4 of SPA sets out the hierarchical relationship between the planning instruments that a development application is required to be assessed against. If there is an inconsistency between the planning instruments, the higher level planning instrument prevails to the extent of the inconsistency. The state and local planning instruments (in hierarchical order) are as follows:State Planning Instruments (a) (b) (c)

Regional Plan State Planning Policy Standard Planning Scheme Provisions

Local Planning Instruments (a) (b) (c)

Planning Scheme Temporary Local Planning Instrument Planning Scheme Policy

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.

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(i)

Thursday 04 July 2013

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

State Planning Policy 1/92 – Development and Conservation of Agricultural Land

(ii)

There are no State Planning Polices that are applicable to the assessment of that application and which are not reflected in the planning scheme.

(c)

Atherton Shire Planning Scheme 2002 (amended December 2004)

Relevant Desired Environmental Outcomes The following DEOs are relevant to the assessment of the application:

DEO 1 – Economic Development

Complies

Comments



Complies - the proposed development will create employment & contribute to the development of a strong & diverse economy.

Complies

Comments

/×

Can comply with conditions - The proposed use is consistent with the previous medical consulting use and the adjoining cluster of commercial uses , and the current amenity of the location can be maintained, provided reasonable an relevant conditions are attached to any approval

A strong, diverse and sustainable economy is achieved through: (i) (ii) (iii) (iv) (v)

(vi)

(vii)

efficient and sustainable rural production in agriculture, horticulture, forestry, grazing, dairying and aquaculture; the conservation and sustainable use of Good Quality Agricultural Land, consistent with State Planning Policy 1/92; the growth of rural industries that support and add value to the primary products of the Shire; a hierarchy of business centres in which the Atherton Business District assumes an enhanced role as the regional centre for the Atherton Tablelands region; Atherton functioning as the regional centre for the Atherton Tablelands by providing a wide range of high order commercial, industrial, educational, professional and social facilities and services; diversified enterprises in commerce and industry, such as nature and recreation-based tourism, offering an increased range of employment prospects, particularly for the Shire’s youth; and the prudent use of extractive resources.

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

is consistent with the FNQ Regional Plan; promotes and facilitates growth in urban areas to achieve an efficient use of land and infrastructure whilst maintaining a high standard of amenity; minimises the loss and prevents the fragmentation of Good Quality Agricultural Land; accommodates rural residential living in preferred locations; results in development being sympathetic to the physical, landscape and social settings; recognises the function of the town of Atherton as the regional centre of the Atherton Tablelands; reinforces the hierarchy of business centres in the Shire; and provides opportunities for industry to expand in appropriate locations to broaden the Shire’s economic base.

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Complies

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

(iii) (iv) (v) (vi) (vii) (viii)

(ix)

Thursday 04 July 2013

the coordination between infrastructure services, land use planning and economic development activities; the timely and efficient delivery of development infrastructure to urban and rural residential areas, so that the community is not subsidising development either directly or indirectly; encouraging consolidation of development in the existing urban areas and villages to make better use of existing physical and social infrastructure; consolidating the highest level of social infrastructure within Atherton as the regional centre for the Atherton Tablelands; identifying and realising opportunities for appropriate forms of public transport to service the community; encouraging the use of cycling and walking and providing cycleway and footpath networks; adopting efficient and sustainable systems for waste management and stormwater management; protecting major infrastructure items such as the water reticulation system from the Tinaroo Dam to the Mareeba-Dimbulah Irrigation Area and major transport facilities including roads and rail networks; and taking into account environmental, natural resource and social considerations in infrastructure planning, design, construction and operation.

/Ă—

Comments Can comply with conditions

Structure Plan The Structure Plan addresses broad-scale development patterns, and is not intended to specifically address development at the scale of this proposal. Atherton District Plan, Key Site 4 - Atherton Character Housing This land is contained within Key Site 4, and the relevant planning scheme provisions emphasise the importance of protecting the existing residential character housing in this area. The proposed development is not in conflict with this requirement, because it does not involve any changes to the external fabric of the building. Residential Planning Area The following Assessment Criteria of Residential Objective 1 are relevant: (a) If the proposal is for a non-residential use, the proposal: -

is compatible with the scale, intensity and built form of the residential area;

Comment: The development will not alter the built form of the existing building & is compatible with the scale and intensity of adjoining commercial uses and the previous use of the site. -

is consistent with the hierarchy of centres described in the Structure Plan;

Comment: substantially complies -

provides local services to the residential population in the vicinity of the site (eg a child care centre or a place of worship);

Comment: substantially complies

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-

Thursday 04 July 2013

provides for low impact and low intensity employment opportunity (eg home based businesses);

Comment: substantially complies -

involves health care and related community services having a functional nexus with the Atherton Hospital precinct;

Comment: does not comply, however, the scale of the proposed use limits any conflict -

demonstrates it will not cause unacceptable adverse impacts on residential amenity.

Comment: can be conditioned to comply (b) In considering any proposal for non-residential development in or adjacent to a residential area, Council will have regard for the likely impacts of this proposal upon the character and amenity of the residential area. To avoid any loss of residential character or amenity, the proposal must: -

utilise building materials that complement the character of the residential area;

Comment: The development will not alter the built form of the existing building. -

incorporate careful design and siting of buildings to ensure that the exposure of existing residences to incompatible activities is minimal;

Comment: can be conditioned to comply -

incorporate landscaping and screening in the case of commercial or industrial uses;

Comment: can be conditioned to comply -

incorporate adequate separation and buffers in the case of intensive agriculture or industry.

Comment: n/a The proposal does not conflict with these requirements. Relevant Development Codes The following Development Codes are considered to be applicable to the assessment of the application: Part C Part C

4.4 Commercial Activities Codes 4.4.1 General Commercial Code 4.12 Car Parking and Vehicular Movement Code

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

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Relevant Codes General Commercial Code

Car Parking and Vehicular Movement Code

(e)

Thursday 04 July 2013

Comments Conditions will be required in relation to:  landscaping  carparking  noise impacts on adjoining properties  refuse bins Conditions will be required in relation to: 

carparking & access

Planning Scheme Policies/Infrastructure Charges Plan

The following planning scheme policies are relevant to the application: No. 1 – Road Construction Standards and Operational Works Development Standards All works undertaken in association with the development should be carried out in accordance with the acceptable standards identified by the FNQROC Development Manual. Under this policy, Jack Street be required to be upgraded to an asphalt standard for the full frontage of the subject site and this requirement has been applied to a number of similar medical centre approvals located on side streets in this area. However, the more heavily utilised Jack Street frontage of the site has been resealed to an appropriate standard, and upgrading is not required in this instance. No. 2 – Roadworks External to a Site – Contributions Jack Street is not located within a Roadworks External Catchment, and no charge is applicable in this instance. The policy is not applicable to Louise Street because it is a State Controlled Road. Atherton Shire Infrastructure Charges Plan (Water Supply & Sewerage) The subject site is located within the Water Supply Infrastructure Charge and Sewerage Reticulation Infrastructure Charge Areas. Infrastructure charges can be applied in accordance with the Atherton Shire Infrastructure Charges Plan (Water Supply & Sewerage), if the development results in increased reticulated sewer and water demand. In this instance, it is considered that the proposed use will not result in increased demand over and above the previous medical consulting practice usage, and that no infrastructure charges are required. REFERRALS Concurrence The application triggered referral to the Department of Transport and Main Roads as a Concurrence Agency. That Department advised in a letter dated 19 March 2013 that they require the conditions to be attached to any approval (Attachment 2).

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Advice This application did not trigger referral to any Advice Agencies. PUBLIC NOTIFICATION The development proposal was placed on public notification from 10 April to 8 May 2013. The applicant submitted the notice of compliance on 14 May 2013 advising that the public notification requirements were carried out in accordance with the requirements of the Act. Six properly made submissions were received objecting to the proposed development. Their grounds for objection/support are summarised and commented on below:

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Grounds for objection The proposed development was publically notified as Veterinary Consulting Rooms, but the proposed use conflicts with that land use definition.

Thursday 04 July 2013

Comment Officers do not consider that this discrepancy is a substantial planning issue, or a barrier to approving the application. It can be dealt with through appropriate conditioning of the approved use.

This Veterinary Consulting Rooms/ Veterinary Hospital land use definition discrepancy is an attempt to avoid Council requirements.

The same proposed conditions of approval would have been applied to an approval under either land use definition.

It is not clear what is being applied for.

The common material attached to application makes it unambiguously clear that the proposed use involves retention of some sick animals overnight in specific circumstances. This aspect of the application has been clearly identified and commented on by the submitters.

The applicant has had a lot of input and support from Council planning officers.

Current Council practice requires planners to provide support and input to applicants.

The development is too close to the adjoining residential use to allow for construction of a fence & will affect the amenity of the adjoining garden area.

The adjoining submitter has chosen to establish a residential use up against the common boundary with very limited setback to that boundary. The development does not involve any changes or extensions to the external fabric of the subject building. The subject owner has the right to erect a fence along that common boundary at any time.

The development is not consistent with the residential nature of the neighbourhood.

The immediate locality consists of a mix of land uses including dwellings, multiple dwellings, established commercial and medical businesses, the hospital and the showgrounds. It is characterised as mixed use, rather than single dwelling residential use. The subject building has (until very recently) been used for commercial purposes and not residential uses. The use is therefore considered to be consistent with that mixed use character.

The development would increase traffic in the locality and decrease traffic safety.

The application was referred to DTMR as a concurrence agency for the state controlled Louise St. That department did not require any works to be undertaken as a result of the development. Officers do not have any data on the amount of traffic generated by the previous medical use, or the level and nature of traffic likely to be generated by the proposed development. It is unlikely that there would any significant increase or difference.

There are more suitable locations for the development.

Vet clinics are often 24 hour operations, and are generally located in mixed use areas with frontage to a major road. There are two clinics in Mareeba in these circumstances. To that extent, the location within a mixed use area is considered to be appropriate for the intended use.

There will be unacceptable noise impacts on adjoining properties and other after hours disturbances.

Suitable noise impact conditions can be included in any approval.

The noise associated with the use of fork lifts on the adjoining property will upset the animals being treated.

A suitable noise barrier condition (fence) can be included in any approval.

There is not sufficient parking.

The proposed development is not likely to result in any significant increase in parking demand, over and above the previous medical use. Any additional carparking demand created by the development can largely be accommodated on site.

Adequate buffering requirements to the adjoining residential property to the west should be considered.

The officers have recommended inclusion of a condition requiring a 1.5 m wide planting and a 1.8 m high solid fence along that boundary.

Impacts on the adjoining cafe/takeaway from drug break- ins.

Officers are not able to objectively assess the efficacy of his objection, however, it would seem likely that the same issue would have applied to the previous medical use.

The development will result in additional dog excrement on footpaths.

Self control of these impacts by the operator would make commercial sense and would be likely form part of the operational procedures for the use.

Jeopardise security by increasing after hours activity in a residential neighbourhood.

Officers are not able to objectively assess the efficacy of his objection, however, it would seem logical that increased activity would also equate to increased surveillance in the area.

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

S Kyriakides A & D Marcic R Savage L & J Valese P Kyriakides E Crowther

Address 22 Victoria St, Atherton 4883 PO Box 341, Atherton 4883 23 Louise Street, Atherton 4883 17 Scenic Street, Bayview Heights 4868 22 Victoria St, Atherton 4883 252 Ball Road, Malanda

The applicant has also responded to the submitter concerns (see Attachment 4). PLANNING DISCUSSION Carparking The building has a NLA of about 150 sq m and the car parking code prescribes 1 space per 20 sq m NLA for Veterinary Consulting Rooms outside the Atherton Business District (7.5 spaces). There are a substantial number of carparks available to the development in Jack Street, and hospital usage does not appear to spill over into these carparks. Six (6) on-site car parks are proposed for the premises (5 standard, 1 disabled). It is considered that this satisfies the carparking intent of the planning scheme for this land use, given the amount of available on-street parking. The proposed development is not likely to result in any significant increase in parking demand, over and above the previous medical use. Any additional carparking demand created by the development can largely be accommodated on site. Traffic Generation The proposed development is not likely to result in any significant increase in traffic generation, over and above the previous medical use. Character & Amenity The immediate locality consists of a mix of land uses including dwellings, multiple dwellings, established commercial and medical businesses, the hospital and the showgrounds. In addition, the subject building has (until very recently) been used for commercial purposes. The character of the immediate locality is therefore considered to be mixed use, rather than single dwelling residential use, and the development is considered to be consistent with that trend towards a mixed use neighbourhood along a major road. Vet clinics are often 24 hour operations, and are generally located in mixed use areas with frontage to a major road. There are two clinics in Mareeba in these circumstances. To that extent, the location is considered to be appropriate for the intended use, and that the use is unlikely to materially affect the existing amenity and character of the area. Economic Justification Desired Environmental Outcome 1 (Economic Development) has Atherton providing a wide range of high order commercial, industrial, educational, professional and social facilities and services, diversified enterprises in commerce and industry, and an increased range of employment prospects. This also aligns with Council's desire to encourage development and economic growth.

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The applicant has indicated that the commercial flexibility of 24 hour service and limited retention of sick animals overnight is an integral part of contemporary vet services for small comfort animals. They also consider that any consultancy which did not offer these services would not be commercially viable. Date Prepared:

26 June 2013

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ATTACHMENT 1

ATTACHMENT 2

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ITEM-7

Thursday 04 July 2013

BOLWARRA ENTERPRISES PTY LTD - MCU - EXCTRACTIVE INDUSTRY (QUARRY, CONCRETE BATCHING PLANT & CONCRETE BLOCK MAKING PLANT) AND AMENDMENT OF EXISTING ENVIRONMENTALLY RELEVANT ACTIVITY 43 LOT 43 RP732730 - 458 WONGABEL ROAD, WONGABEL DA/12/0037 (A)

DOCUMENT INFORMATION

MEETING:

Ordinary

MEETING DATE:

4 July 2013

REPORT AUTHOR/ OFFICER’S TITLE:

Peter Pattison, Senior Planner

DEPARTMENT:

Planning and Development APPLICATION DETAILS

FILE NO:

APPLICATION DA/12/0037

ADDRESS:

APPLICANT:

Bolwarra Enterprises Pty Ltd

RPD:

LODGED BY: DATE LODGED: TYPE OF APPROVAL: PROPOSED DEVELOPMENT:

Victor Feros Consultants 27/11/12 Development Permit

AREA: OWNER :

PLANNING SCHEME: PLANNING AREA : LEVEL OF ASSESSMENT: SUBMISSIONS:

ATTACHMENTS:

PREMISES 458 Wongabel Road, WONGABEL Lot 1 on RP 732730 12.6 ha I Kidner Family Trust

Material Change of Use for Extractive Industry (Quarry - (existing), Concrete Batching Plant (existing), screening, Concrete Block Making Plant & associated ancillary facilities and activities. Atherton Shire Planning Scheme 2002 (amended December 2004) Rural (where not GQAL) / Rural District Impact nil

1. 2. 3. 4.

Proposal Plans Dept of Transport & Main Roads concurrence agency response dated 22/1/13 Dept of Environment and Heritage Protection concurrence agency & ERA status responses dated 15 & 18/3/13 withdrawal of ERA 43 component of application

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EXECUTIVE SUMMARY Council is in receipt of a development application described in the above application details. The application is impact assessable and no 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 Regional Plan and the Planning Scheme and does not conflict with any relevant planning instrument. The key issues of the proposed development are the reviewing and renewing of approval conditions to ensure they reflect contemporary quarry management, avoiding and controlling any impacts on nearby residential dwellings, reviewing and renewing road maintenance payments and the inclusion of approval conditions that have previously have been included in a concrete batching ERA approval, in the context of the planning scheme requirements and recent state government legislative changes to environmental regulation. Draft conditions of approval were provided to the applicant prior to Council deciding the application and there are two areas of disagreement noted in the report. It is recommended that the application be approved in full with conditions.

OFFICER'S RECOMMENDATION 1.

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

APPLICANT:

APPLICATION Bolwarra Enterprises Pty ADDRESS: Ltd

DATE LODGED: TYPE OF APPROVAL PROPOSED DEVELOPMENT

27/11/12 Development Permit

RPD:

PREMISES 458 Wongabel WONGABEL

Road,

Lot 1 on RP 732730

Material Change of Use for Extractive Industry (Quarry - (existing), Concrete Batching Plant (existing), screening, Concrete Block Making Plant & associated ancillary facilities and activities.

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

APPROVED DEVELOPMENT: Development Permit for Material Change of Use for: 1) Extractive Industry (Quarry - (existing) extraction of up to 100,000 t of material per annum and screening of up to 100,000 t of material per annum of excavated material) 2) Heavy Industry (Concrete Batching Plant (existing) - production of up to 4,000 cubic metres of concrete per annum) 3) Concrete Block Making Plant - production of up to 150,000 concrete blocks per annum

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4) associated ancillary facilities and activities, including weighbridge, pre-coating plant, machinery workshop, storage shed, office and staff amenities The assessment manager does not consider that the assessment manager’s decision conflicts with a relevant instrument. (B)

APPROVED PLANS: Plan/Document Number Figure 2

(C)

Plan/Document Title Screening

Prepared by

Dated

Figure 5

Landscape & Proposal Proposal Plan

Victor Feros Consultants

19 June 2013

Victor Feros Consultants

Figure 9

Rationalised Extraction Area

Victor Feros Consultants

November 2012 19 June 2013

Figure 10

Extent of Working Pit Area

Victor Feros Consultants

19 June 2013

ASSESSMENT MANAGER’S CONDITIONS (COUNCIL)

MATERIAL CHANGE OF USE CONDITIONS Conditions Applying to All Approved Uses 1.

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

2.

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

Timing of Effect The conditions of the development permit must be complied with to the satisfaction of Council’s delegated officer prior to the commencement or continuation of the approved uses except where specified otherwise in these conditions of approval. 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.

3.

General 3.1

The development approval would not have been issued if not for the conditions requiring an Infrastructure Agreement.

3.2

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

3.3

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

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3.4

Thursday 04 July 2013

Production Limits (a) production of up to 100,000 tonnes of extracted quarry products per annum (b) crushing and screening of up to 100,000 tonnes of extracted quarry products per annum (c) production of up to 4,000 cubic metres ready-mix concrete per annum (d) production of up to 150,000 concrete blocks per annum

3.5

Production Records The Applicant/operator shall provide Council with records of the quantity (tonnage) of quarry material carted from the site, and tonnages of concrete and concrete blocks produced, on an annual basis. The first record will be provided in January 2014 and annually thereafter.

3.6

Cartage Requirements Trucks carrying quarry materials extracted from the site, and travelling on public roads, will be covered to prevent escape of dust or the spillage of material. Any spillage which occurs on any public road (including concrete spillage) shall be removed at the end of each working day or within four (4) hours of any verbal requirement by Council's Delegated Officer.

3.7

Buffering & Landscaping (a)

The existing vegetation buffer along the common northern boundary with Lot 1 on RP730716 will be retained to a minimum width of 50 metres;

(b)

The Wongabel Road frontage of the site will be landscaped, buffered and maintained in accordance with approved Plan Figure 2, and such that: (i)

the existing vegetation along the Wongabel Road frontage (both on the road reserve and within the site) is retained and maintained, and, selected plantings will be undertaken to supplement and enhance that existing vegetation;

(ii) the existing/established Wongabel Road vegetation buffer achieves a minimum width of 4 m inside the boundaries of the site (excluding the access and the Aggregate Product Storage bays); (iii) a screening structure is constructed to visually screen the Aggregate Product Storage bays from Wongabel Road; (iv) the developer will ensure that the Wongabel Road batter faces of the stockpile platform are stabilised, protected from scour and slumping, landscaped and planted with: a ground cover suitable for batter stability and prevention of water scouring; suitable shrub and tree species to visually screen the development and subsequently satisfactorily maintained to the satisfaction of Council's delegated officer. (c)

A landscape plan must be prepared for the site by a suitably qualified professional and submitted to Council’s delegated officer for consideration and approval. Page 174


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(d)

The landscaping of the site must be carried out in accordance with the endorsed landscaping plan, and irrigated and mulched, within 12 months of the date of this approval. The landscaping will subsequently maintained to the approval requirements and to the satisfaction of Council’s delegated officer.

(e)

The Wongabel Road boundaries of the site will be surveyed and delineated in conjunction with the required landscaping.

all to the satisfaction of Council's delegated officer 3.8

Waste Management A concrete surfaced on-site refuse storage area must be provided at a suitable location and must be screened from view from adjoining properties and road reserves, to the satisfaction of Council’s delegated officer.

3.9

Operating Hours (a) Extraction, screening/crushing and concrete block making, and any associated delivery or dispatch operations will be restricted to between the hours of 7.00am and 6.00pm Monday to Saturday. No operations are permitted on Sunday or Public Holidays. (b) Concrete batching, and any associated pre-coating, or delivery and dispatch operations will be restricted to between the hours of 5.30 am and 6.00pm Monday to Saturday. No operations are permitted on Sunday or Public Holidays. (c) Blasting will be restricted to between 9am and 4.30pm, Monday to Saturday, and will not take place on Sundays or public holidays. (d) These operating hours may be varied for ad-hoc, one-off events with the prior written approval of Council's delegated officer, provided that officer is satisfied that the amenity of residents in the locality will not be adversely affected.

3.10 The toe of any stockpile or stockpile platform will be located a minimum of 300 mm inside the Wongabel Road boundary of the site and the applicant will take all measures necessary to ensure that the trees on the adjoining road reserve are retained and there is no spillage of fill material onto the road reserve. 3.11 Signage Signage is to be in accordance with Section 4.11 of the Atherton Shire Planning Scheme - Advertising Devices Code. 3.12 Lighting Where outdoor lighting is installed, the developer shall locate, design and install lighting that prevents the potential for light spillage to cause nuisance to neighbours and must be provided in accordance with Australian Standard 1158.1 – Lighting for Roads and Public Spaces. Illumination resulting from direct, reflected or other incidental light emanating from the subject land does not exceed 8 lux when measured at any point 1.5m outside the property boundary of the subject site. The lighting fixtures installed on site must meet

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appropriate lux levels as documented within Australian Standard 4282 – Control of the Obtrusive Effects of Outdoor Lighting. 3.13 Access Vehicular access to the site (excluding emergency exists) will be limited to the existing access onto Wongabel Road. That access will be constructed and maintained to a 6m wide, sealed standard. 3.14 Infrastructure Agreement The applicant/developer will enter into an Infrastructure Agreement with Council for the maintenance and upgrade of that part of Wongabel Road between the site and the intersection of Wongabel Road and the Kennedy Highway prior to commencement of the approved use. That agreement will contain a provision requiring the developer/operator to pay an annual payment of 12.5 cents per tonne of any material quarried and carted from the site. This amount will be adjusted in accordance with the LGAQ Council Cost Index for each subsequent financial year, beginning 30 June 2014. The annual payment amount will be based on the total tonnage extracted in the previous twelve months, shall be paid in annual instalments, and the first instalment will be paid prior to 30 June 2015. 3.15 Environmental Management Plan (EMP) The applicant/developer will amend Environmental Management Plan for Quarry Site located at Lot 1 458 Wongabel Road, Atherton dated 19 June 2013 to include the following provisions: - adequate disposal measures for sediment removed from settlement ponds - maintenance of water quality within the pit water storage areas - procedures for any de-watering/pumping out of pit water storage areas - inclusion of Noise Mapping Australia noise recommendations within the 5.3.5 Noise Management Plans provisions - further details on the proposed progressive rehabilitation of the site and associated milestones - a conceptual plan showing the proposed final rehabilitated form of the site The amended EMP will be submitted to Council's delegated officer within 6 months of the date of this approval. The development and approved uses shall be undertaken substantially in accordance with the most current version of that amended Environmental Management Plan for Quarry Site located at Lot 1 458 Wongabel Road, Atherton dated 19 June 2013. If there a conflict between the approved Environmental Management Plan and the conditions of this approval, the conditions will prevail to the extent of the conflict. 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. 3.16 Surface Water Management

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All uncontaminated surface water runoff will be directed internally through appropriate drainage and interception systems to dedicated settlement and retention ponds that have sufficient capacity to ensure that only clean stormwater is discharged from the site. At no time is any part of the site to be left in a condition that allows the diversion of untreated stormwater/wastewater onto Wongabel Road. Settlement ponds must be maintained to ensure that sediments are not discharged from the site. Stormwater shall be reused within the development to the greatest extent possible. The lawful point of discharge for the development shall be the culvert in the southeast corner of the site and within the Wongabel Road reserve. Stormwater management will be in accordance with the requirements of this approval and the most current version of that amended Environmental Management Plan for Quarry Site located at Lot 1 458 Wongabel Road, Atherton dated 19 June 2013. 3.17 Weed Management The applicant shall ensure that declared noxious weeds are immediately eradicated from the site and are not transported from the site during the operation of the extractive industry. 3.18 Parking The developer must ensure that the development is provided with ten on-site car parking spaces and five articulated spaces which are available solely for the parking of vehicles associated with the use of the premises. All car parking spaces must be gravel sealed, delineated and appropriately drained prior to the commencement of the use, to the satisfaction of Council's delegated officer. All vehicles associated with the approved uses, including trucks and employee vehicles, shall be parked within the site at all times. 3.19 Water Supply (a)

The applicant/developer must demonstrate that the development is provided with a general use and potable water supply capable of servicing 10 employees.

(b)

Where a bore is to be used as a source of water, bore installation will be in accordance with the requirements of D6.07 of the FNQROC Development Manual, and must satisfy the setback distances specified in the Queensland Plumbing and Wastewater Code.

(c)

The applicant/developer must ensure that any on-site potable water supply satisfies the standards for drinking water set by the Australian Drinking Water Guidelines 2004 (National Health and Medical Research Council and the National Resource Management Ministerial Council).

Material Change of Use Conditions for Quarrying and Crushing/Screening Uses 4.1

Blasting Impacts Page 177


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Ground vibration at any dwelling existing at the time of this approval (excluding the existing caretaker's residence on adjoining Lot 1 on RP 730716) shall not exceed 5 mm per second (peak particle velocity) for 95% of all blasts and shall not exceed 10 mm per second (peak particle velocity) for any blast. Airblast at any dwelling existing at the time of this approval (excluding the existing caretaker's residence on adjoining Lot 1 on RP 730716) should not exceed 115dB (Linear Peak) for 95% of all blasts and shall not exceed 120dB (Linear Peak) for any blast. Measurement of overblast and ground vibration impacts will be in accordance with the Department of Environment and Heritage Protection Guideline - Noise and Vibration from Blasting dated 23 March 2006. Prior to any blasting occurring on the site, the applicant shall notify Council and the occupiers of any dwelling within 500 metres of the site. This notification must be in writing and provided on the morning of the day that any significant blasting (as determined by Council's delegated officer) occurs. Blasting will be limited to a maximum of 2 blasts per day and four blasts per calendar month. The applicant/operator will maintain a blasting register that can be viewed by Council's delegated officer. 4.2

Other Noise Limits Noise Limits for all other extractive or screening/crushing activities will be in accordance with the Concurrence Agency conditions attached to the Negotiated Decision Notice (Development permit for Material Change of Use - extractive industry, concrete batching plant & crushing/screening plant) dated 9 October 2000 (IPA99-30), or any subsequent associated Environmental Authority.

4.3

Quarry Pit Requirements (a) Any future building, extraction, excavation, or settlement pond will be set back 10 m from the boundaries of the site. (b) Future extraction will generally be in accordance with approved Plans Figure 9 and Figure 10 and the report entitled Proposed Pit Design & Geotechnical Considerations - Wongabel Quarry, Atherton - Colin Robinson (Consulting Geologist) July 2010, save that: (c) Prior to the establishment of any extraction area of more than 3000 sq m below RL 765.00 m AHD, the applicant/developer will: (i)

obtain any necessary state government approvals;

(ii) provide Council with a revised pit design prepared by a competent and suitably qualified person. (d) The area of the working pit will not exceed 6.2 ha at any time. (e) Sufficient topsoil will be retained on site to satisfy progressive rehabilitation requirements. Page 178


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4.4

Thursday 04 July 2013

Plant Relocation Any relocation of concrete batching, crushing or screening plant will ensure that current setbacks to existing dwellings are maintained, and, that plant is not relocated such that it is more elevated than previously.

4.5

Stockpiling Stockpiling of quarry products, overburden and topsoil will be confined to the areas designated on the approved plan and will ensure that site drainage is not impeded, and that stormwater impoundment does not occur, and that appropriate silt control measures are in place. Water sprays must be operated on stockpiles to minimise the release of dust and particulate matter to the atmosphere.

4.6

Rehabilitation Where quarrying operations have permanently ceased, all areas disturbed by the quarrying activity must be rehabilitated within 12 months and in accordance with the requirements of this approval and the approved EMP. Where operations have temporarily ceased for more than 12 months, the applicant/operator must rehabilitate those areas of the site that will not be disturbed in the future, and must take whatever measures are required to any prevent environmental harm. Rehabilitation will establish a safe, stable, non-polluting landform similar to that of surrounding undisturbed areas, including where relevant; - removing any stockpiles; - establishing surface drainage lines; - minimising the potential for slumping, subsidence or erosion; - reinstating topsoil; - establishment of vegetation of similar species composition and density as previously existed prior to the development; and - ensuring that water quality of any stormwater discharged from the site satisfies or exceeds the relevant sections of the Queensland Water Quality Guidelines - removing infrastructure from the site. Progressive rehabilitation of exhausted quarry areas will be undertaken in accordance with the requirements of this approval and the approved EMP. Rehabilitated areas will be maintained to ensure that: - the site remains geotechnically stable - erosion and siltation control measures remain effective - water quality is maintained - trees and ground cover are retained and show recruitment - rehabilitated areas remain free of any declared pest plants and can be used for their designated land use

4.7

Bunding

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Any liquid in a container, that has the potential to cause environmental harm if released to the environment, must be bunded. Bunds must ensure that there is no escape of contaminants from the bunded area. Bunded areas must be fitted with a valve that allows rain water to be drained. The valve will remain closed unless the bund is being drained. Alternatively, the rain water can be removed by vacuum extraction from the bunded area. Material Change of Use Conditions Applying to Concrete Batching and Concrete Blockmaking Uses 5.1

Raw materials shall only be stored in appropriate storage bins with sufficient capacity, and managed to ensure no overtopping of the sides of the bins

5.2

Appropriately sized, graded and drained concrete slabs shall be provided for truck washing (including bowls) and the concrete blocking making plant and associated storage of manufactured blocks.

5.3

Contaminated Wastewater Collection System All contaminated stormwater and process wastewater should be captured, contained within dedicated settling infrastructure, and recycled.

5.4

There will be no discharge of contaminated wastewater from the site. The wastewater shall be stored and reused within the development to the greatest extent possible.

5.5

Waste Management Waste concrete will be used for construction purposes on the site, where possible. Otherwise, it will be disposed of appropriately on site.

Environmental Conditions for Concrete Batching and Concrete Block Making The approved uses must be carried out by such practicable means necessary to prevent or minimise the release or likelihood of release of contaminants to the atmosphere. Trafficable areas must be sealed with bitumen, concrete or an equivalent hard surface such as crushed rock, or otherwise maintained to the satisfaction of the administering authority, in a condition which minimises the release of wind blown or traffic generated dust. Nuisance No release of contaminants, including but not limited to odour, dust, smoke, fume, particulate, and aerosols is to cause or be likely to cause an environmental nuisance beyond the boundaries of the subject site. Dust Control All emissions of contaminants to the atmosphere from silos and weigh hoppers are to be through fabric filters that have been designed and installed to ensure that there are no visible emissions of dust to the atmosphere during routine plant operations. Any silos that emit air impurities to the atmosphere through a common fabric filter are not to be filled simultaneously.

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The filling of all silos is to be monitored by automatic devices that warn the plant operator with audible and visual alarms when any silo has been filled to its nominal capacity. The filling of all silos is to be controlled by automatic devices that prevent any silo from being filled beyond its nominal capacity. The holder of this development permit must ensure that all emission control and monitoring equipment is maintained in good working order. Water sprays are to be operated as often as necessary to minimise the release of wind blown dust to the atmosphere from sand and aggregate stockpiles. All sealed traffic areas must be cleaned as necessary to minimise the release of dust and particulate matter to the atmosphere. Concrete Areas - Specific Requirements Any wash-down activities must be carried out within an approved wash down bay. Any spillage of wastes, contaminants or other materials must be cleaned up as quickly as practical. Waste Concrete Concrete slurry and other wet concrete waste must be dried in the purpose built bay at the approved place prior to disposal. Where possible, dried concrete waste must be recycled for use in other products. Noise The emission of noise from the site must not result in offensive noise levels being emitted beyond the boundaries of the approved place, as determined by Council's delegated officer. All noise from the site must not exceed the levels specified in the Table below. Concrete batching must not be carried out in a way that causes audible noise on a business day or Saturday, before 5.30am or after 6.00pm or on any other day at any time. The noise emissions from the site must not be greater than 5dB(A) above the background noise level at a sensitive receptor place or 10dB(A) above the background noise level at a commercial place. Noise monitoring When requested by Council, the developer/operator must commission noise monitoring to investigate any complaint of nuisance caused by noise. The monitoring data, an analysis of the data and a report must be provided to the administering authority within 14 days of the completion of the investigation. Noise measurements must be compared with the acoustic quality objectives specified in the most recent edition of the Environmental Protection (Noise) Policy.

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(D)

Thursday 04 July 2013

ASSESSMENT MANAGER’S ADVICE (a)

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

(b)

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

(c)

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.

(d)

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.

(e)

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.

(f)

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 Dept of Transport & Main Roads concurrence agency response dated 22/1/13

(F)

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

(G)

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

OTHER NECESSARY DEVELOPMENT PERMITS AND/OR COMPLIANCE PERMITS •

nil

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THE SITE The 12.6 ha site is located about 7km southeast of Atherton and contains one title. The subject lot has frontage to both the bitumen sealed Wongabel Road and the gravel surfaced Cattle Camp Road. It is accessed from Wongabel Road via an existing 5 m wide sealed driveway and via a rough gravel emergency access to Cattle Camp Road. There are a number of elements to the current site operations and uses: the hard rock quarry, stockpiling pads, topsoil and overburden stockpiles, crushing and screening operations, concrete batching plant, workshop, site office and staff amenities, sediment pond, weighbridge and vegetated buffers. The site is largely cleared, except for a treed buffer along the northern boundary, and does not contain any significant natural drainage lines. It would have originally naturally drained to the most easterly corner, however, those drainage patterns have largely been altered by significant changes to the site through extensive site development. The site is adjoined to the west by another quarry established on state land (Gravel Reserve). Council is trustee under the Land Act for that reserve, and it is currently leased to Cattle Camp Quarries. The immediately adjoining lot to the north is also owned by the applicant, contains a single storey, three bedroom dwelling and has recently been extensively cleared. This lot has been the subject of a application for a mechanical workshop and caretaker's residence that was recently approved by Council. To the south is a 61 ha vacant rural lot, and to the east (on the opposite side of Wongabel Road) is another 44 ha rural lot containing a dwelling. There is also a cluster of nearby small rural living lots on Ray Road. The Wongabel Road frontage is screened by trees within the road reserve and a 2 - 4 m high unconsolidated mounded earth buffer. The central frontage, around the entrance, is screened by a thin line of plantings and the southern frontage is also partly screened by a thin line of plantings located partly within the road reserve.

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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.

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The locations of the nearest nearby residences are shown on the map below:

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CONTEXT & EXISTING OPERATIONS There has been a quarry located on the subject lot since the 1960s. While it appears that the use was abandoned for some time, it was re-established when the applicant purchased it in 1998. They then expanded the approved annual tonnage for the quarry, established a concrete batching plant in 2000, and purchased adjoining Lot 1 on RP 730716 in 2010. Average extraction rates are about 85,000 tonnes per annum, and at that rate of extraction, the quarry will be exhausted in about 20 years. The average annual production rate for concrete is 2000 cubic metres per annum. There are about 10 employees. Council received a number of quarrying and batching plant noise complaints, and complaints about operation outside approved hours, from the then owners of the adjoining lot to the north between 2007 and 2009. The applicant acquired that site in 2010.

PREVIOUS APPLICATIONS & APPROVALS In 1998, the former Atherton Shire Council confirmed that there were existing lawful use rights for a quarry on this site, subject to appropriate environmental management. In April 2000, the former Atherton Shire Council approved a Material Change of Use to establish a concrete batching plant use and to operate a mobile crushing and screening plant, and to increase the scale and intensity of the existing extractive industry, to allow for extraction and processing (screening) of up to 100,000 tonnes of material per annum (IPA99-30). That approval also included associated quarrying and screening, and concrete batching ERAs (and associated conditions of approval) that have been administered by the state government. The applicant subsequently attempted to change the approved hours through a change to the 2000 approval, and carried out noise studies in support of their request. Council did not approve those changes. The current approval includes a condition (Condition 2) that restricts the approval period to 10 years, and as such, operations were to have ceased by 9 October 2010 unless a new approval was obtained. While it is not known why that condition was imposed, it is likely that the intention

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was to provide Council with the opportunity to re-evaluate the approved uses, the conditions of approval, and any infrastructure charges. In response to a May 2011 request to delete Condition 2, Council instead decided to extend the relevant period of the approval to 9 October 2011 and advised the applicant that a new application for those uses should be lodged as soon as possible. In September 2011, October 2012 and April 2013, Council approved further changes to Condition 2 to further extend the approval to 16 May 2013, to allow time to prepare the required new application. On 18 April 2013, Council approved an application for a Material Change of Use for a mechanical workshop on adjoining Lot 1 on RP 730716, subject to conditions. That workshop will only service machinery and vehicles used on (or associated with) the subject site.

DESCRIPTION OF PROPOSED DEVELOPMENT & APPLICATION The development application seeks a Development Permit for a Material Change of Use for Extractive Industry (Quarry - (existing), Concrete Batching Plant (existing), Concrete Block Making Plant & associated ancillary facilities and activities in accordance with the plans shown in Attachment 1. The only new use the application proposes is a concrete block making plant. The extractive industry, screening, and concrete batching components of the application are seeking approval for the continuation of these existing uses. The originally lodged application included a Material Change of Use component that sought to amend the existing ERA 43 approval (concrete batching plant) to include a concrete block making plant. This was subsequently withdrawn under a change to the application under Section 351 of SPA, and after the application had been publically notified. This change was in response to the Greentape Reduction legislation commencing on 31 March 2013, thereby shifting control of concrete batching to local government (see Attachment 3). Section 351 allows the applicant to change an application prior to it being decided by Council, and s350 sets out the requirements for a minor change to an application that does not require renotification: (a) a change that merely corrects a mistake (b) a change of applicant (c) a change that merely corrects a spelling or grammatical error; (d) a change that— (i) does not result in a substantially different development; and (ii) does not require the application to be referred to any additional referral agencies; and (iii) does not change the type of development approval sought; and (iv) does not require impact assessment for any part of the changed application, if the original application did not involve impact assessment Officers consider that the proposed change (withdrawal of a component) satisfies the requirements for a minor change and that further public notification is not required. Under the greentape legislation provisions, the existing ERA conditions for extraction and screening will continue to apply to the site through an environmental authority administered by the state government. The state government concrete batching ERA requirements will fall away under the greentape provisions, and Council may therefore choose to include appropriate environmental operating conditions within any approval for this use.

REGIONAL PLAN DESIGNATION Page 187


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

PLANNING SCHEME DESIGNATIONS Structure Plan designation:

Rural

Planning Areas:

Rural (where not GQAL) / Rural District

Planning Scheme Definitions The proposed uses are defined as:Extractive Industry Any premises used for the purpose of carrying out an industry that involves dredging, excavating, quarrying, sluicing and any other mode of winning materials or substances from the earth whether or not conducted for fee or reward. The term includes when carried out on the land from which any such materials or substances are extracted or on land adjacent thereto, the treatment of such materials or substances and the manufacture of products from such materials or substances. The term does not include excavating solely to erect a structure or solely to change the level of the ground to facilitate the construction of any structure which structure is to be erected on the land being excavated. Heavy Industry Any premises used for the purpose of the an industrial activity classified as a level 1 environmentally relevant activity by the Environmental Protection Act or which, due to the nature of the operation, generates significant impacts such as excessive smoke, noise, fumes or odour. Examples include an abattoir, animal byproducts manufacturing, cement and lime works, chemical works, concrete batching plant, fertiliser works.

ASSESSMENT AND DECISION REQUIREMENTS The Table of Assessment for the Rural (where not GQAL)/Rural District specifies that the application is impact assessable. It was lodged under the Sustainable Planning Act 2009 (SPA), and is assessed in accordance with the requirements of that Act. Sections 314, 317, 324, and 326 of SPA set out the decision rules that Council must follow when deciding this application and these are summarised below:

The decision must be based on assessments made against the State Planning Regulatory Provisions 2009, and relevant provisions of the Regional Plan, state planning policies not reflected in the planning scheme, the planning scheme including the relevant DEOs (the relevant instruments) and a preliminary approval to which section 242 applies.



Council must also assess and decide the application having regard to the common material submitted with the application, any development approval for, and any lawful use of, premises the subject of the application or adjacent premises, any concurrence agency requirements, advice agency recommendations and submissions received as a result of public notification.



Council may give weight if it is satisfied it is appropriate to consider a planning instrument, code, law or policy that came into effect after the application was made, but before the decision stage is started or restarted.



The decision must not be inconsistent with the State Planning Regulatory Provisions 2009.

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The decision must not conflict with any relevant instrument unless there are sufficient grounds to justify the decision, despite the conflict. Grounds are defined as matters of public interest, but do not include the personal circumstances (including financial circumstances) of an applicant, owner or interested party.

Chapters 2 to 4 of SPA sets out the hierarchical relationship between the planning instruments that a development application is required to be assessed against. If there is an inconsistency between the planning instruments, the higher level planning instrument prevails to the extent of the inconsistency. The state and local planning instruments (in hierarchical order) are as follows:State Planning Instruments (a) (c) (d)

Regional Plan State Planning Policy Standard Planning Scheme Provisions

Local Planning Instruments (a) (b) (c)

Planning Scheme Temporary Local Planning Instrument Planning Scheme Policy

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

State Planning Regulatory Provisions 2009

The Far North Queensland Regional Plan 2009-2031 State Planning Regulatory Provisions 2009 were repealed prior to lodgement of this application and are therefore not relevant to this assessment. (b)

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. (c)

State Planning Policies

(i)

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

(ii)

State Planning Policy 1/92 – Development and Conservation of Agricultural Land

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

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State Planning Policies Complies

SPP SPP 1/02

SPP 1/03

SPP 1/11

SPP 1/92

SPP 2/02

SPP 2/07

SPP 2/10 SPP 3/10 SPP 4/10

Thursday 04 July 2013

Development in the Vicinity of Certain Airports and Aviation Facilities. Mitigating the Adverse Impacts of Flood, Bushfire and Landslide

N/A

The subject site is not located within the vicinity of any airports or aviation facilities.

N/A

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

Protecting Wetlands of High Ecological Significance in Great Barrier Reef catchments (temporary SPP) Development and the Conservation of Agricultural Land

N/A

Planning and Managing Development Involving Acid Sulphate Soils Protection of Extractive Resources and Guideline

N/A

South East Queensland Koala Conservation Acceleration of compliance assessment Healthy Waters

N/A

and

Comments

N/A

/ x

N/A / x

SPP 5/10

Air, Noise Materials

Hazardous

N/A

SPP 4/11

Protecting Wetlands of High Ecological Significance in Great Barrier Reef Catchments

N/A

While the site is located within a mapped medium bushfire hazard area, it is almost entirely cleared of trees and without any significant grass cover. It is therefore considered that the mapping designation has been superseded, and that assessment against the bushfire component of the State Planning Policy (SPP) is required. Superseded by SPP4/11 The subject site is not identified as being within a Great Barrier Reef wetland protection area. This SPP is adequately reflected by the Atherton Shire Planning Scheme, a separate assessment against this SPP is therefore not required. The site is not identified as GQAL. The subject site is not affected by potential acid sulphate soils being well above 5m AHD. The subject site is located within the vicinity of a Key Resource Area or associated haulage route. See following assessment & commentary. This SPP is only applicable to SEQ. The proposed reconfiguration does not meet the criteria for compliance assessment under this SPP. The SPP aims to ensure that urban development avoids or minimises impacts on stormwater quality and flow in accordance with a set of stated design objectives. The submission of an Environmental Management Plan is required as a condition of approval. This SPP is not applicable as there are no management areas to which the SPP applies within the TRC LGA. The subject site is not identified as a Great Barrier Reef wetland protection area.

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SPP1/12

Temp SPP2/12

Protection of Qld’s Strategic Cropping Land

Planning for Prosperity

N/A

/ x

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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. About 7,000 sq m of the southeast corner of the site is within the SCL trigger area (potential SCL). The SPP does not apply to a development commitment. In addition, Schedule 13A of SPA specifies that KRAs are excluded for SCL concurrence agency jurisdiction. This SPP came into effect on 24 August 2012 and is therefore applicable to the subject application given that it was lodged after to the SPP being introduced. The SPP aims to facilitate economic growth in Qld by promoting agriculture, tourism, the State’s mineral & extractive resource industries and construction activities. The purpose of this policy is to achieve a balance between the competing or conflicting outcomes of the development by giving weight to: a) agricultural uses in areas zoned for agricultural uses; b) urban uses in areas zoned for urban uses; c) tourist development which can be shown to be complementary to an area’s environmental, scenic and cultural values; and d) mineral & extractive resources development which can be shown to be complementary to an area’s primary intended land use. The application substantially complies with the SPP.

SPP2/07 Protection of Extractive Resources and Guideline The subject site is designated as being part of the Wongabel Key Resource Area (KRA9) by this SPP and is also partly located within the KRA Separation Area. Both Cattle Camp Road and parts of Wongabel Road are designated as a KRA Transport Route, with the separation area extending out 100 m from those roads. Curiously, the section of Wongabel Road east to the Kennedy Highway is not designated as a Transport Route by the SPP, although Hemmings Lane is. This is clearly in error. This SPP applies to any Material Change of Use application that is within a resource/processing area, a separation area and any associated transport route. It seeks to ensure that, as far as practicable, development within a resource area and the separation area of a KRA and the associated transport route’s separation area are compatible with existing or future extractive industry. It does not address detailed aspects of extractive industry assessment, and the Policy outcome is achieved when development is compatible with the existing or future extraction, processing and transportation of extractive resources from a Key Resource Area. The separation area identifies land that may be affected by the residual impacts of existing or future extractive operations in the resource/processing area, and also provides a buffer between those operations and any incompatible uses beyond and adjoining the separation area.

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(d) The application does not conflict with the requirements of the SPP. Atherton Shire Planning Scheme 2002 (amended December 2004) Structure Plan The site is within the Rural designation for the Structural Plan and the intent for that designation states: Some of the Shire’s more important quarry resources are indicated on the Rural District Plan Map in Part C of this Planning Scheme. Council will ensure the protection of these and other resources for recovery in a safe, efficient and environmentally sensitive manner. The haul routes from the resource to the Shire’s major road network are critical for the viability of the industry. These need to be protected from the encroachment of inappropriate land uses. Key haul routes from extractive resource sites are identified on the Rural District Plan Map – B-Double & Quarry Routes. The Rural District Plan Map identifies the Wongabel area as containing a number of Key Quarry Sites that include both the subject land and a number of adjoining land parcels on the southern Page 192


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side of Wongabel Road. The proposed uses are considered to be compatible with the intent of the Structure Plan. Relevant Desired Environmental Outcomes Complies

DEO 1 – Economic Development

Comments

A strong, diverse and sustainable economy is achieved through: (i) (ii) (iii) (iv) (v)

(vi)

(vii)

efficient and sustainable rural production in agriculture, horticulture, forestry, grazing, dairying and aquaculture; the conservation and sustainable use of Good Quality Agricultural Land, consistent with State Planning Policy 1/92; the growth of rural industries that support and add value to the primary products of the Shire; a hierarchy of business centres in which the Atherton Business District assumes an enhanced role as the regional centre for the Atherton Tablelands region; Atherton functioning as the regional centre for the Atherton Tablelands by providing a wide range of high order commercial, industrial, educational, professional and social facilities and services; diversified enterprises in commerce and industry, such as nature and recreation-based tourism, offering an increased range of employment prospects, particularly for the Shire’s youth; and the prudent use of extractive resources.

Complies

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

/×

is consistent with the FNQ Regional Plan; promotes and facilitates growth in urban areas to achieve an efficient use of land and infrastructure whilst maintaining a high standard of amenity; minimises the loss and prevents the fragmentation of Good Quality Agricultural Land; accommodates rural residential living in preferred locations; results in development being sympathetic to the physical, landscape and social settings; recognises the function of the town of Atherton as the regional centre of the Atherton Tablelands; reinforces the hierarchy of business centres in the Shire; and provides opportunities for industry to expand in appropriate locations to broaden the Shire’s economic base.

/×

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Complies provided reasonable and relevant conditions are applied to any approval, particularly in relation to impacts and rehabilitation.

Comments Complies provided reasonable and relevant conditions are applied to any approval, particularly in relation to impacts and rehabilitation.


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DEO 3 – Community Development and Quality of Life

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Complies

Liveable communities with a strong identity recognising the past are achieved. In these communities: (i)

(ii)

(iii) (iv) (v) (vi)

Complies

The outstanding natural assets, environmental qualities and cultural resources are protected and enhanced by:

(ii)

(iii) (iv) (v) (vi) (vii)

(viii) (ix)

n/a

facilities and services such as health care and crisis care, recreation facilities and open space are made available in a timely, efficient and cost effective manner; the character and scale of the existing built environment in the towns and villages is protected and enhanced by sympathetic and complementary forms of new development; shopping, community, cultural, entertainment and recreation facilities are available to the majority of residents in accessible and convenient locations; a choice in affordable housing types is available in step with the changing demography of the Shire’s population; facilities are accessible to residents on an equitable basis; and evidence of past land use and activities is recognised and valued.

DEO 4 – Natural and Cultural Resources

(i)

n/a

Comments

ensuring development respects biodiversity values and is consistent with the principles of ecological sustainability; adopting a bio-regional approach to the sustainable use of natural resources that encompasses both protected and non-protected natural areas and environmental assets; protecting the areas of outstanding ecological value, air, water and land resources; protecting the ecological requirements of aquatic systems through the management of water quality on an integrated catchment management basis; protecting the resource of the Atherton Basalt Aquifer; identifying and protecting sites and features of outstanding natural and cultural heritage significance as well as the scenic values of the Shire; conserving World Heritage values within the Wet Tropics World Heritage Area through the recognition of the intentions of the Wet Tropics Management Plan and the objectives of the World Heritage Protection and Management Act 1993; ensuring development in or adjacent to areas of outstanding natural or cultural heritage significance is sympathetic to and compatible with those areas; and realising opportunities to achieve habitat protection and linked vegetation and wildlife corridors where practical.

/×

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Comments Complies provided reasonable and relevant conditions are applied to any approval, particularly in relation to impacts and rehabilitation.


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Complies

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

(iii) (iv) (v) (vi) (vii) (viii)

(ix)

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the coordination between infrastructure services, land use planning and economic development activities; the timely and efficient delivery of development infrastructure to urban and rural residential areas, so that the community is not subsidising development either directly or indirectly; encouraging consolidation of development in the existing urban areas and villages to make better use of existing physical and social infrastructure; consolidating the highest level of social infrastructure within Atherton as the regional centre for the Atherton Tablelands; identifying and realising opportunities for appropriate forms of public transport to service the community; encouraging the use of cycling and walking and providing cycleway and footpath networks; adopting efficient and sustainable systems for waste management and stormwater management; protecting major infrastructure items such as the water reticulation system from the Tinaroo Dam to the Mareeba-Dimbulah Irrigation Area and major transport facilities including roads and rail networks; and taking into account environmental, natural resource and social considerations in infrastructure planning, design, construction and operation.

/Ă—

Comments Complies provided reasonable and relevant conditions are applied to any approval, particularly in relation to contributions towards external roads.

The application does not conflict with the relevant DEOs. Relevant Development Codes The following Development Codes are considered to be applicable to the assessment of the application: Part C

4.6

Part C Part C

4.12 4.15

Industrial Activities Codes 4.6.1 General Industry Code 4.6.2 Extractive Industry Code Car Parking and Vehicular Movement Code Filling and Excavation Code

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

Extractive Industry Code

Comments Conditions will be required in relation to:  landscaping of road frontage  management of stormwater and liquid waste . Conditions will be required in relation to:  buffers & screening  stormwater/runoff water quality  noise, dust & vibration impact control  rehabilitation  site management plan

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(e)

Car Parking and Vehicular Movement Code

Conditions will be required in relation to:  access  parking

Filling Code

Conditions will be required in relation to:  extent of excavation  water quality  boundary setbacks

and

Excavation

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Planning Scheme Policies

There are no planning scheme policies are relevant to the application. (f)

Infrastructure Agreement - External Access Roads Maintenance Levy

The previous quarry approval for the site contained a requirement for payment of $ 40,640 for external road upgrades, and included a provision for in-kind payment of that amount through supply of goods and services of equivalent value. It also restricted that approval to a period of 10 years, and it is likely that this was imposed to give Council with the opportunity to re-evaluate the approved uses, the conditions of approval, and any infrastructure charges (including road maintenance levies). A high proportion of sealed road wear is caused by heavy truck traffic. Quarry approvals generally impose a road maintenance levy to fund additional road maintenance costs associated with the extra wear and tear created by quarry trucks on local roads. Previously obtained legal advice has confirmed that Council is entitled to require payment of an annual amount towards the upgrading, repair and maintenance of Council controlled access roads, provided this is done through an Infrastructure Agreement. The subject application differs from a 'greenfield' extractive industry development, in that it involves an existing quarry (but with a limited approval period), and no increase in the approved annual extraction tonnage. While excavated material will be transported over a wide area, charging calculations have been limited to the two sections of Wongabel Road east to the state-controlled Kennedy Highway (2.5 km ) and the 4.5 km west to the state controlled Atherton-Herberton Road. Payments are generally calculated as a rate per tonne per kilometre of material carted on the affected roads. The larger the tonnage and the longer the distance hauled on local roads, the greater is the amount that is payable for the predicted road maintenance required by cumulative damage to the road pavement cause by heavy vehicles. An “average levy� can be applied, based on the average distance that material is hauled. Previous TRC charges applied to quarry approvals have ranged between $ 0.15 - $0.70/tonne. Based on a 2012 traffic count, Wongabel Road has weekday traffic movements of about 170 vmpd at its eastern end and approximately 25% of that is heavy vehicle traffic. The road is constructed to a 6.5 m wide bitumen sealed standard, which satisfies the FNQROC Development Manual requirements for that level of traffic. The applicant estimates that the site generates 20 truck movements per day on the eastern sector and 20 movements per day on the western sector. 2012 traffic count data shows about 42 heavy vehicle movements per day on the eastern sector, which suggests that the quarry is generating 50% of the current truck traffic. Figures of 50 % for the eastern sector and 30% for the western sector have been adopted for calculation purposes.

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The following calculations assume that the entire Wongabel Road seal will need to be renewed in the next twenty years (which is also the predicted life of the quarry). Seal renewal cycles are generally 20-25 years. The calculations also take into account truck traffic generated by other quarrying operations along Wongabel Road. Eastern Sector 1x 20 yr seal renewal @ 2500 m x 6.5 m pavement x $ 17/sq m = $ 276,350 90 % of cost attributable to truck impact x 50 % of total truck traffic = 0.45 of cost $ 276,350 x 0.45 = $124,357 Western Sector 1x 20 yr seal renewal @ 4500 m x 6.5 m pavement x $ 17/sq m = $ 497,250 80 % of cost attributable to truck impact x 30 % of total truck traffic = 0.24 of cost $ 497,250 x 0.24 = $119,340 Total attributable reseal cost = $243,697 Annual charge for 20 year quarry life = $243,697/20 = $12,184 pa Annual tonnage charge = $12,184 pa/average production of 80,000 t = 15c per tonne This analysis does not take account of small vehicle traffic generated by employees, which is estimated to be 20 vmpd (approximately 10% of the traffic on Wongabel Road). This traffic has not been included in the infrastructure charges because it already exists, and because the wear impact is negligible. The previous ten year fixed term approval required the operator of the quarry to pay a contribution of $40,460 for upgrading of external roads, and to upgrade the road frontage of the site to a 4 m wide bitumen seal standard. The applicant submits that $ 80,000 of in kind material and works were provided to Council for the upgrading of Wongabel Road in response to those requirements. On that basis, an annual credit of 5 cents per tonne should be allowed for ($80,000/20 year quarry life/ 80,000 tpa = 5 cents per tonne). Officers consider that any such credit should only take the $40,460 contribution into account, in which case the credit would be 2.5 cents per tonne ($40, 460 /20 year quarry life/ 80,000 tpa = 2.5 cents per tonne). It is therefore recommended that an annual tonnage charge of 12.5c per tonne be conditioned. REFERRALS Concurrence The application triggered referral to the Department of Transport and Main Roads as a Concurrence Agency. That Department advised in a letter dated 23/1/13 that they require the conditions to be attached to any approval (Attachment 2). The application triggered referral to the Department of Natural Resources and Mines as a Concurrence Agency for ERA 43 - concrete batching. That Department did not provide a response to that referral (Attachment 3).

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Advice This application did not trigger referral to any Advice Agencies. Third Party Advice No third party advice was sought. Internal Consultation Development Engineer Environmental Health Section, Regulatory Services Group PUBLIC NOTIFICATION The development proposal was placed on public notification from 1/2/13 to 25/2/13. The applicant submitted the notice of compliance on 27/2/13 advising that the public notification requirements were carried out in accordance with the requirements of the Act. No submissions were received in response to public notification. PLANNING DISCUSSION The 2000 quarry approval for the site was restricted to a period of 10 years, and it is likely that this was imposed to give Council the opportunity to re-evaluate the approved uses, the conditions of approval, and any infrastructure charges (including road maintenance levies). Officers consider that the original conditions of approval did not provide the operator and Council with sufficient and explicit conditioning requirements, and that this led to compliance issues. The Extractive Industry Code contains requirements for control of noise, blasting, air and water quality, visual impact, hours of operation and rehabilitation and it is therefore appropriate for Council to include relevant conditions about these matters in any approval, including a requirement for an Environmental Management Plan. These plans are now an integral part of quarry management. They describe, and provide practical frameworks for how extractive activities are to be carried out, machinery, processes and methods to be utilised, staging of quarrying and rehabilitation, transport of materials, site management, and measures by which adverse environmental impacts are to be minimised. A condition of development approval can be applied requiring the developer to prepare a management plan for the continuing operation and rehabilitation of site. The management plan must be consistent with the conditions of approval, and address all the requirements of those conditions. It is generally prepared in consultation with officers and approved by officers. Extractive industries are acknowledged as ‘temporary’ land uses, and conditions generally require that at the end life of the quarry, appropriate rehabilitation measures are carried out. Exhausted and unrestored quarries can result in land and water degradation. Quarries should be progressively rehabilitated by initially removing and storing topsoil and overburden. Worked areas are reshaped, stabilised, topsoiled and replanted to prevent erosion and sedimentation so that the site can be used in the future. Rehabilitation of large-scale quarries is often secured through rehabilitation bonds, however, this is not considered appropriate for the site given that the use is already established, and because of the relatively small scale of the operation.

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Draft Conditions of Approval Draft conditions of approval were provided to the applicant prior to this meeting. The only conditions that the applicant has not agreed to are as follows: External Road Contributions As explained previously in this report, the applicant has proposed an annual tonnage charge of 10c per tonne, while officers support a charge of 12.5c. Extension to Operating Hours The previous approval limited the operating hours to 7am-6pm Monday to Saturday, and Council did not support a subsequent request to change those hours. The applicant is now requesting operating hours of 5am-6pm Monday to Saturday on the basis that the site is in a rural area, and that the extended hours will increase efficiencies and meet industry demand. They also note that there were on objections lodged in response to public notification. Existing batching plants in the TRC operate under varying operating hours requirements. Plants within the Tolga industrial estate do not have restricted hours of operation, while others close to residential and rural residential development are limited to 6 - 6.30 starts. Given that the subject site has a number of rural dwellings nearby, a 5.30am start time is considered appropriate. Date Prepared:

25 June 2013

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ATTACHMENT 1

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ATTACHMENT 2

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ATTACHMENT 3

Original Message -------Subject:RE: TRC REF: DA/12/0037(A) | Bolwarra Enterprises Pty Ltd Date:Mon, 18 Mar 2013 15:27:43 +1000 From:Quick Calvin <Calvin.Quick@ehp.qld.gov.au> To:Victor G Feros Town Planning Consultants <nick@ferosplanning.com.au> CC:Tansley Filiz <Filiz.Tansley@ehp.qld.gov.au>, Hodgon Kim <Kim.Hodgon@ehp.qld.gov.au>

Hi Nick, I can confirm that the department considers the application for Environmentally Relevant Activity (ERA) 43 - Concrete Batching as withdrawn pursuant to s356(1) of the Sustainable Planning Act 2009 (SPA). As such the department will not be issuing a concurrence response for this application. To arrange the refund of application fees please contact the departments Permit and Licence Management Unit (PaLM). I will be sending PaLM correspondence identifying that the region recommends the refund of these fees. Regards, Calvin Quick I Senior Environmental Officer Environmental Services and Regulation I Northern Region Department of Environment and Heritage Protection 5B Sheridan Street I Cairns QLD 4870 PO Box 937 I Cairns QLD 4740 Phone: (07) 4222 5161 Fax: (07) 4222 5070 Email: calvin.quick@ehp.qld.gov.au Web: www.ehp.qld.gov.au

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ATTACHMENT 4

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ITEM-8

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LEGAL ADVICE FOR DEVELOPMENT ASSESSMENT CONFIDENTIAL

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

starting or defending legal proceedings involving Council.

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ITEM-9

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LEGAL ADVICE IN RELATION TO INFORMATION REQUEST FOR A DEVELOPMENT APPLICATION CONFIDENTIAL

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

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

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REGULATORY SERVICES ITEM-10

REQUEST EXEMPTION TO COUNCIL'S LOCAL LAW NO 2 ANIMAL MANAGEMENT TO ALLOW PERMANENT RESIDENTS TO REGISTER ANIMALS IN HOLIDAY PARKS

DOCUMENT INFORMATION

MEETING:

Ordinary

MEETING DATE:

4 July 2013

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

Julie Buckley, Manager Regulatory Services

DEPARTMENT:

Planning and Development

EXECUTIVE SUMMARY Kara-Jane and Kevin Quinn on behalf of Discovery Holiday Parks, Lake Tinaroo are requesting a solution to the problem faced by their permanent tenants who wish to be responsible pet owners however due to the park being on one property and located in a urban area have not been able to register their pets. This report offers an interim solution which has been implemented previously in relation to a similar circumstance relating to a lifestyle resort in Mareeba. The long term solution is to include a suitable amendment when Councils Local Laws are next reviewed. OFFICER'S RECOMMENDATION "That Council; 1.

Allow for the current tenants at the Park to register their existing pets and

2.

Instruct the park operators to include in the tenants agreement with new tenants or renewing tenants appropriate conditions regarding responsible pet ownership and limiting the number that can be kept and

3.

Require a numbered plan of the permanent sites so that Council can create records in the Property and Rating System to attach property related animal registration records to and

4.

Agree not to apply the penalty prescribed for non compliance with section 5 of Local Law No 2 Animal Management where the keeper has been approved by the Park Manager to keep the animal."

BACKGROUND This report is further to a request from Discovery Holiday Parks, Lake Tinaroo to allow exceptions to Councils Local Law No 2 Animal Management to allow their permanent residents to register their existing pets and consider applications for registration for future tenants.

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All cats and dogs must be registered and microchipped, this requirement of the Animal Management Act is actively enforced by Council officers. Councils Subordinate Local Law No 2 currently sets the number of animals that can be kept as follows; Numbers allowed to be kept; 2 dogs, 2 cats (urban) 3 dogs, 3 cats (rural residential)

No limit dogs and cats (rural)

Numbers allowed to be kept with approval; 3 dogs and 3 cats (urban) 5 dogs and 5 cats (rural residential) Local Law currently prohibits the keeping of more than; 3 cats and 3 dogs (urban) 5 cats and 5 dogs (rural residential) This means that Council may give approval for up to 3 of each and 5 of each in urban and rural residential respectively however that there is no head of power to give approval to keep more as such numbers are prohibited. The only way that Council can allow for the keeping of a number of animals in excess is to choose not to enforce the provision that regulates the number of animals that can be kept. In the long term Council may consider amending its Subordinate Local Law No 2 Animal Management. A search of Councils records returned no history of pets kept at the Park being a nuisance to others or being the subject of complaints. If such an arrangement is approved by Council, the Operators of the Park will be required to make it a condition of tenancy that residents maintain current registration for their animals at all times. DE-AMALGAMATION ISSUES NIL LINK TO CORPORATE PLAN

Social Equity

Support a better quality of life for the community by ensuring equitable access to Council provided services and facilities, particularly for the aged, frail, disabled and disadvantaged members of the community.

Advocacy Role

Ensure the best interests of the region are advanced through representation and partnering with other government bodies and key stakeholders and advocate on behalf of the community to other levels of government on issues that could affect the community.

Community Participation

Ensure the community is well informed and has the opportunity to be actively engaged in local and regional decision making processes and initiatives.

CONSULTATION Internal Christina Durighello Joanne Shade Steven Ripper External NIL

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LEGAL IMPLICATIONS (STATUTORY BASIS, LEGAL RISKS) As the local law prohibits specific numbers of animals to be kept, technically an approval can not be given. Therefore for this exception to the limit (on animal numbers) to have some validity Council must agree not to enforce the provision that sets the limits in these specific circumstances. This technical issue can be overcome by making some amendments to Tablelands Regional Council Subordinate Local Law No 2 (Animal Management) 2011 and Tablelands Regional Council Subordinate Local Law No 1 (Administration) 2011. POLICY IMPLICATIONS The drafting of an interim policy would provide guidance and detail how Council will treat such requests in the absence of relevant provisions in Councils Local Laws. FINANCIAL & RESOURCE IMPLICATIONS Capital NIL Operating NIL Is the expenditure noted above included in the 2012/2013 budget? NIL If not you must recommend how the budget can be amended to accommodate the expenditure NIL IMPLEMENTATION/COMMUNICATION If approved, the arrangement would need to be communicated to Rates Officers requesting that additional properties are created for each numbered permanent site, this allows for the animals to be registered accordingly. The information would also be added as an article to the Sharepoint site to ensure that the all Staff including the customer service staff and Local Laws Officers can easily access the information when required. ATTACHMENTS 1.

Request from operators of Discovery Park Tinaroo (Dataworks No 2750644)

Date Prepared:

24 June 2013

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ITEM-11

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ANIMAL REHOMING TABLELANDS - REQUEST FOR AN EXEMPTION TO KEEP AN EXCESS NUMBER OF ANIMALS TEMPORARILY

DOCUMENT INFORMATION

MEETING:

Ordinary

MEETING DATE:

4 July 2013

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

Julie Buckley, Manager Regulatory Services

DEPARTMENT:

Planning and Development

EXECUTIVE SUMMARY Animal Rehoming Tablelands (ART) are requesting an exemption to the application of part of Councils Local Law No 2 Animal Management in relation to the number of animals to be kept (registered) by approved foster carers. OFFICER'S RECOMMENDATION "That Council; 1.

Allow foster carers approved by "Animal Rehoming Tablelands" to keep an excess number of animals temporarily, provided that they are otherwise kept in accordance with the Councils Local Laws and the Animal Management (Cat and Dog) Act and

2.

Agree not to apply the penalty prescribed for non compliance with section 5 of Local Law No 2 Animal Management where the keepers of the excess animals are approved as foster carers by "Animal Rehoming Tablelands".

BACKGROUND This report is further to a request from Lorraine Doornebosch of Animal Rehoming Tablelands (ART) to allow exceptions to Councils Local Law No 2 (Animal Management) 2011 to allow volunteers to keep excess animals temporarily for the purpose of fostering and caring for animals that are to be subsequently rehomed. At this stage they only deal with cats but plan to assist finding homes for dogs in the future. Those people chosen by ART to care for animals that are waiting to be permanently rehomed must meet certain criteria. This ensures responsible pet ownership and compliance with Councils Local Law and the Animal Management (Cat and Dog) Act. (AMAct) All cats and dogs must be registered and microchipped, this requirement (of the AMAct) must be complied with at all times. Councils Subordinate Local Law No 2 currently sets the number of animals that can be kept as follows; Numbers allowed to be kept; 2 dogs, 2 cats (urban) 3 dogs, 3 cats (rural residential)

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Numbers allowed to be kept with approval; 3 dogs and 3 cats (urban) 5 dogs and 5 cats (rural residential) Local Law currently prohibits the keeping of more than; 3 cats and 3 dogs (urban) 5 cats and 5 dogs (rural residential) This means that Council may give approval for up to 3 of each and 5 of each in urban and rural residential respectively however that there is no head of power to give approval to keep more as such numbers are prohibited. The only way that Council can allow for the keeping of a number of animals in excess is to choose not to enforce the penalty for keeping of excess animals. In the long term council may consider amending Councils Subordinate Local Law No 2 Animal Management. While such unwanted cats and kittens are being cared for by this group it means that there are less cats and kittens that Council need to care for or dispose of. Such animals are desexed as early as possible and are contained to the property. ART are committed to responsible pet ownership. A condition of fostering a cat from ART is that the cat is not allowed outside unless it is kept in a cat enclosure. If such an arrangement is approved by Council, ART will be required to keep Council informed of their carers names, addresses and animal numbers and ensure that all animals are registered and microchipped. It has been suggested that the animals would be registered and microchipped to ART so that any non compliance such as impounding or the issue of notices is brought to the attention of ART in the first instance. DE-AMALGAMATION ISSUES NIL LINK TO CORPORATE PLAN

Social Equity

Support a better quality of life for the community by ensuring equitable access to Council provided services and facilities, particularly for the aged, frail, disabled and disadvantaged members of the community.

Advocacy Role

Ensure the best interests of the region are advanced through representation and partnering with other government bodies and key stakeholders and advocate on behalf of the community to other levels of government on issues that could affect the community.

Community Participation

Ensure the community is well informed and has the opportunity to be actively engaged in local and regional decision making processes and initiatives.

CONSULTATION Internal NIL External Lorraine Doornebosch

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LEGAL IMPLICATIONS (STATUTORY BASIS, LEGAL RISKS) As the local law prohibits specific numbers of animals to be kept, technically an approval can not be given. Therefore for this exception to the limit (on animal numbers) to have some validity Council must agree not to enforce the provision that sets the limits in these specific circumstances. This technical issue can be overcome by making some amendments to Tablelands Regional Council Subordinate Local Law No 2 (Animal Management) 2011 and Tablelands Regional Council Subordinate Local Law No 1 (Administration) 2011. POLICY IMPLICATIONS The drafting of an interim policy would provide guidance and detail how Council will treat such requests in the absence of relevant provisions in Councils Local Laws. FINANCIAL & RESOURCE IMPLICATIONS Capital NIL Operating NIL Is the expenditure noted above included in the 2012/2013 budget? NIL If not you must recommend how the budget can be amended to accommodate the expenditure NIL IMPLEMENTATION/COMMUNICATION If approved, the arrangement would need to be communicated to Local Law Officers and Customer Service Officers. A property exception (an amendment) would also need to be created in the Property and Rating system to enable the Customer Service Officers to create applications for the registration of animals in excess of those numbers currently allowed on the affected properties. The information would also be added as an article to the Sharepoint site to ensure that the counter staff can access the information when required. ATTACHMENTS 1. 2.

Proposal from Lorraine Doornebosch of ART (Dataworks No 2515144) Guidelines for foster Carers (Dataworks No 2785780)

Date Prepared:

24 June 2013

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ITEM-12

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POULTRY UPDATE RELATING TO NOTICES CONFIDENTIAL

REASON FOR CONFIDENTIALITY This report is CONFIDENTIAL in accordance with Section 275(1)(f) of the Local Government Regulation 2012, which permits the meeting to be closed to the public for business relating to the following: (f)

starting or defending legal proceedings involving Council.

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CORPORATE PLANNING, PERFORMANCE & RISK ITEM-13

DRIVEWAY ACCESS - 509 - 511 MILLSTREAM PARADE MILLSTREAM

DOCUMENT INFORMATION

MEETING:

Ordinary

MEETING DATE:

4 July 2013

REPORT AUTHOR/ OFFICER’S TITLE:

Steve Ripper, General Manager Planning and Development

DEPARTMENT:

Planning and Development

EXECUTIVE SUMMARY Mr Brian Everett reports the drain at the access point of 511 Millstream Parade Ravenshoe has sunk and requires filling. This request has been raised a number of times in the past. OFFICER'S RECOMMENDATION "That Council 1. Require Mr Everett to construct his driveway to FNQROC standard, at his cost. 2. Renew the offer to contribute $1000 toward Mr Skimmings and Everett's costs upon satisfactory completion of the works."

BACKGROUND Councillors, staff and Mr Everett discussed - but not all in the same meeting - Mr Everett's driveway in 2008. TRC made some changes to drainage in the area - and Mr Everett agrees (phoncon BE/SR 06 June 2013) that have improved the situation. Despite Herberton Shire's policy, which is generally consistent with all former Councils and Main Roads, requiring him to correctly install his driveway at his cost, TRC made an offer to reduce the cost to him and his neighbour, Mr Skimmings. The offer has not been accepted to date. Mr Everett maintains that Herberton Shire Council approved his driveway, and that TRC should have restored his gravel driveway when doing the drainage works. The second point is not really an option, it can be done, but there are two outcomes, both of which have adverse outcomes: • Constructing above the current drain level recreates the drainage problem; OR Constructing at drain level puts the gravel under water leading to premature failure. • No document - approving or not - this driveway can be located, that is, Mr Everett's first claim can not be substantiated. Given Herberton's long standing policy, it is reasonable to require the driveway to comply with current standards at the landowner's cost. As a gesture of good faith, it is recommended that Council renew the offer to help with costs.

DE-AMALGAMATION ISSUES Nil

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LINK TO CORPORATE PLAN

Infrastructure Design

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

Infrastructure Implementation

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

Infrastructure Maintenance

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

CONSULTATION Internal Tony Bristow Stagg Brian Parnell Steve Ripper External B Everett LEGAL IMPLICATIONS (STATUTORY BASIS, LEGAL RISKS) Nil POLICY IMPLICATIONS Mr Everett's request is contrary to the Herberton Shire Council policy. FINANCIAL & RESOURCE IMPLICATIONS Capital Nil Operating $1000 Is the expenditure noted above included in the 2012/2013 budget? yes If not you must recommend how the budget can be amended to accommodate the expenditure NA IMPLEMENTATION/COMMUNICATION Trevor Adil

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ATTACHMENTS 1. Letter offering $1000 2. Herberton Shire Policy

Date Prepared:

25 June 2013

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ITEM-14

Thursday 04 July 2013

REGISTER OF ROADS MAINTAINED POLICY - REQUEST TO ADD AN UN-NAMED SECTION OF ROAD TO THE ROAD REGISTER OFF KENNEDY HIGHWAY EVELYN

DOCUMENT INFORMATION

MEETING:

Ordinary

MEETING DATE:

4 July 2013

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

John Breen, Senior Advisor Infrastructure Planning

DEPARTMENT:

Planning and Development

EXECUTIVE SUMMARY Council received a letter from Mr Joe Catanzariti on 29 May 2013 requesting that the un-named road that provides access to his property be named and placed on the Roads to be Maintained Register. The subject road is off the Kennedy Highway, just east of Old Geraldton Road. It contains an existing 3m wide gravel access which serves two properties being Lot 3 on RP748119 (Catantariti) and 99 CWL146. OFFICER'S RECOMMENDATION "That Council: 1.

Accept the 190m long section of road off the Kennedy Highway, just east of Old Geraldton Road, in the locality of Evelyn, that provides legal and practical access to Lot 3 on RP748119 and 99CWL146 on to the Road Register in accordance with its adopted policy 'Addition of Roads to the Register of Roads Maintained Policy';

2.

The road be named Hull Lane; and

3.

Advise the relevant government agencies and correspondents of the new road name.

BACKGROUND The subject road is approximately 190 m long and contains a 3m wide gravel access which serves the two properties shown on the locality plan (refer to Fig 1 below). A letter was received from Mr Joe Catanzariti on 29 May 2013 requesting that the road be named and upgraded in width to allow two vehicles to pass. Mr Catanzariti has owned Lot 3 for 17 years and is currently establishing a horticultural business on it The writer inspected the subject road with Mr Catanzariti and also discussed the imminent Transport and Main Roads (TMR) rehabilitation works on the adjoining section of the Kennedy Highway. The existing sight distance from the subject road is currently limited in the Ravenshoe direction due to a crest in the highway. The writer was advised by TMR that the crest will be lowered to improve the available sight distance as part of the planned road works and that some additional bitumen widening, where the subject road intersects with the highway, has also been included in the scope of TMR's works.

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The existing gravel access is contained within the subject road reserve and provides access to two rateable properties. The road is proposed to be included on to the Road Register as per the 'Addition of Roads to the Register of Roads Maintained Policy'. As per policy, this report is to provide Council with notice of proposed roads to be included onto the register.

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Figure 1 - Location of the un-named road.

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The current 3m wide gravel access is considered adequate to service the two existing properties however some gravel pavement widening at the intersection would improve safety for road users. In this regard the writer is liaising with TMR with a view to minor intersection works possibly being undertaken by TMR as part of their road project. The cost to maintain this section of road in its current form is estimated to be in the order of $2000 per year and the maintenance budget will need to be varied in order to maintain the current level of service. Any request for upgrade would need to be given due consideration in any future capital works budget deliberations. To assist in the naming of the road the owners of Lots 3 and 99 were invited to provide a preferred name from the Road Naming Policy approved list. Council's Road Naming Policy states names should not comprise of more than two words. The Policy goes on to say adjacent property owner(s) may choose a name from a list of approved names for the district in which it is located. The list of available and approved names for the Evelyn, Millstream, Ravenshoe, & Tumoulin localities is attached for Council's consideration. Mr Catanzariti, & Linda Carr (Lot 3) and Jean Shaw & Rory O'Tool (Lot 99) have suggested Dawson Lane. However a Dawson Road exists west off the Kennedy Highway and just south of the Tolga Scrub. It is considered too confusing for mail deliveries and emergency services to have similar rural road names within the TRC area. Rory O'Tool's second preference was Hull Lane. Accordingly the writer recommends that the road be named Hull Lane. LINK TO CORPORATE PLAN Outcome – Connecting our Region Well connected and integrated systems and networks to support the Region’s economic base as well as provide greater mobility and improved accessibility options for the community. STRATEGY Traffic Management

Plan for, provide and maintain a safe and trafficable road network for the movement of people, goods and services safely, efficiently and conveniently.

Outcome – Regional Infrastructure Regional infrastructure networks designed, implemented and maintained to meet the Region’s current and future needs. STRATEGY Infrastructure Maintenance

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

CONSULTATION Internal General Manager Infrastructure and Maintenance - Trevor Adil External The two property owners serviced by the subject road were contacted by the writer.

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LEGAL IMPLICATIONS (STATUTORY BASIS, LEGAL RISKS) The road provides legal and practical access to Lot 3 on RP748119, and Lot 99 on CWL146 from the Kennedy Highway, Evelyn. Council has legal responsibility for constructed roads contained within the gazetted road reserve. POLICY IMPLICATIONS In preparing this report, due consideration was given to the following: • 'Addition of Roads to the Register of Roads to be Maintained Policy'; • 'Road Naming Policy' and the • The Australian Standard (AS/NZS 4819: 2011) for Rural and Urban Addressing. FINANCIAL & RESOURCE IMPLICATIONS Capital There would be little to no capital requirements in the short to medium term should the road be maintained in its current form, however, if an increase in the current level of service is requested then Council will need to consider the budget implications and on-going renewal need. Operating In recent times, Mr Catanzariti, who owns Lot 3 on RP748119, mows the grass within the unnamed road reserve and has stated that he is willing to continue to do this. In its current form, the cost to maintain the road is estimated at $2,000 per annum. Is the expenditure noted above included in the 2012/2013 budget? No. If not you must recommend how the budget can be amended to accommodate the expenditure The operating budget will need to be varied to include the above. IMPLEMENTATION/COMMUNICATION Should Council adopt the recommendation, the following will be actioned: 1. Internal systems will be updated to reflect the existence and naming of the road reserve; 2. Council's road register to be updated; and 3. Relevant government agencies to be informed of Council's decision. ATTACHMENTS 1. 2.

List of approved names for the Evelyn, Millstream, Ravenshoe, & Tumoulin localities. List of Stakeholders to be notified.

Date Prepared: 11 June 2013

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Attachment 1

List of available names for the Evelyn, Millstream, Ravenshoe, & Tumoulin localities

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Name

Source

Beckham Blakeney

Pioneer family Charlotte Blakeney Pioneer Family A Bryson Killed in WWII George Butcher Died 1975 Pioneer family V Gribben Killed in WWI Pioneer family Pioneer family Pioneer family J Nagel Killed in WWI C.B. Smyth Killed in WWI H Weiss Killed in WWII I Weston Killed in Vietnam war Robert Nesbit Witherspoon First selector Joseph Albert Wolfe Pioneer, Died 1933

Bryson Butcher Gillespie Gribben Hull Keogh Mallon Nagel Smyth Weiss Weston Witherspoon Wolfe

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Geographical relevance Ravenshoe

Ravenshoe Evelyn/ Tumoulin Evelyn/ Tumoulin Evelyn Scrub

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Attachment 2 Stakeholder Agencies Notified •

Ergon Energy

Australian Electoral Commission

Queensland Fire & Rescue Services

Queensland Ambulance Service

Queensland Police Service

Department of Environment Resource Management

Telstra Data Centre

Address Post & Australian Post

Tablelands Regional Council Rates Department

Spatial Information Services for Emergency Services in Department of Community

ATGIS

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CHIEF EXECUTIVE OFFICER DE-AMALGAMATION ITEM-15

DE-AMALGAMATION REPORT

PROJECT

MANAGER

PROGRESS

DOCUMENT INFORMATION

MEETING:

Ordinary

MEETING DATE:

4 July 2013

REPORT AUTHOR/ OFFICER’S TITLE:

Brett de Chastel, De-Amalgamation Project Manager

DEPARTMENT:

Office of the Chief Executive Officer

EXECUTIVE SUMMARY This report addresses the process to be used for the split of the debt/cash components of the balance sheet. This is one of the key statutory roles of the Transfer Committee. It is also one of the most important decisions that the Transfer Committee will make as it will impact on the future financial viability of both Councils. The Transfer Committee has resolved to retain the services of an independent accounting firm to undertake this assessment and to provide the Transfer Committee with the calculation of the debt/cash components of the balance sheet to be apportioned to the continuing TRC and the new MSC. That independent assessment will then be reviewed by TRC’s internal auditor on behalf of TRC and by Orion Consulting on behalf of the Transfer Manager. OFFICER'S RECOMMENDATION "That Council note the fortnightly update report from the De-Amalgamation Project Manager." BACKGROUND This is the regular fortnightly report of the Project Manager providing Council with an update on progress with the de-amalgamation. This report will focus solely on one issue – how the Transfer Committee will advance the issue of splitting the debt/cash component of the balance sheet. Pursuant to section 27 (a) of the Local Government (De- amalgamation) Regulation 2013, one of the key roles of the Transfer Committee is to decide the assets and liabilities to be transferred from the continuing Council (TRC) to the new Council (MSC). Section 27 (a) of the Regulation provides as follows: “27 - The transfer committee’s functions are –

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(a)

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to decide the assets and liabilities that are to be transferred to the new local government; ”

Effectively, what this section requires is for the Transfer Committee to split the TRC balance sheet between the continuing TRC and the new MSC. Further details are provided in the Deamalgamation Transfer Methodology. Section 6.1 of the De-amalgamation Transfer Methodology provides as follows:“6.1 Balance Sheet The transfer committee must decide the split of assets and liabilities between the continuing and new Council to determine the opening balance sheet position of the new Council. The Queensland Boundaries Commissioner's de-amalgamation report included a financial analysis prepared by QTC. As part of this analysis, QTC established an opening balance sheet position as at 1 July 2012 as a base case for testing. Considerable effort was undertaken by QTC in constructing these opening balance sheets, which are based on the actual financial position of each Council at amalgamation in 2008 along with a breakup by new and continuing Council area from 16 March 2008 to 30 June 2012. Due to the significant effort and cost involved in reaching this position, it is recommended, particularly to determine a starting position for the breakup of cash and debt, that the transfer committee give consideration to using the figure established by QTC. Appendix 1 provides the proposed balance sheet allocation methodology, prepared by QTC, that may be used to determine the separation of balance sheet items between the continuing and new councils. Each transfer committee will be provided with QTC financial information relevant to their Council.” What is involved in splitting a Council balance sheet? A balance sheet is more than just the debt/cash. It also includes:• • • • •

all of the fixed physical assets (e.g. parks, roads, water treatment plants etc) the value of inventory (e.g. materials held in the various depot stores for future use) provisions (e.g. money put aside to cover (i) employee long service leave (ii) future remediation of landfills etc) land held for resale (e.g. Council land held for redevelopment) employee benefits (e.g. annual leave and sick leave provisions)

All of the above matters are relatively straight forward from an accounting perspective to allocate between the continuing TRC and the new MSC. All of the fixed physical assets are geographically located either in one area or the other and will be allocated accordingly. All of the provisions in relation to staff (e.g. long service leave, annual leave etc) will be allocated according to where individual staff are finally located within the future organisations. The value of inventory will be addressed based on the outcome of stock takes held in the various depot stores as at 30 June and 31 December. In short, there is nothing particularly complex about splitting those elements of the balance sheet. Why is the split of the debt/cash component of the balance sheet more complex? Put simply, not all elements of the debt/cash component of the balance sheet are related to a specific geographic area i.e. some of these components (particularly cash reserves) relate to the whole

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region. The question then arises as to how to split those cash reserves between the two future entities. Didnâ&#x20AC;&#x2122;t QTC do this as part of their assessment in 2012? Yes but that was done for financial modelling purposes, not for audit purposes. QTC were asked to develop a financial model in order to undertake an assessment of the likely future financial prospects of both the remaining TRC and future MSC. QTC were provided a limited timeframe and accordingly, applied a series of assumptions as to how that balance sheet would be split. Also, their assessment was undertaken as at 30 June 2012, not June 2013. Debt and cash balances held by TRC have changed since June 2012. What is the Transfer Committee proposing? The Transfer Committee recognises that this will be one of the most important decisions it makes as part of its role in implementing the deamalgamation. It is therefore critical that the split of the debt/cash component of the balance sheet be both technically accurate for audit purposes and also be transparent as to how they decided to split that component of the balance sheet. At its meeting on 21 June 2013, the Transfer Committee passed the following resolution:â&#x20AC;&#x153;That the Transfer Committee:A

Note that one of its key responsibilities is to make a decision in relation to the apportionment of the current Tablelands Regional Council balance sheet between the continuing Tablelands Regional Council and the new Mareeba Shire Council;

B

Recognises the importance of ensuring that this process be fair, accountable and transparent;

C

Recognises that the process needs to be both technically correct from an accounting/audit perspective and also be able to demonstrate to all stakeholders that due process has been followed;

D

Engage an independent consultant reporting to the Transfer Committee to determine the debt, cash and reserve balance component of the balance sheet to be transferred from the continuing Tablelands Regional Council to the new Mareeba Shire Council and that such engagement be in accordance with the Scope of Works and process set out in Appendix 1.

E

Note that following the completion of this independent expert report to the Transfer Committee:a. b.

F

the continuing Tablelands Regional Council will have that report independently reviewed by its internal auditors on behalf of the Tablelands Regional Council; and the Transfer Manager will have that report independently reviewed by an independent financial consultant on behalf of the future Mareeba Shire Council; and

Note that the outcome of this process will result in a more technically correct and independently assessed apportionment of debt, cash and reserve balance component of the balance sheet to be transferred from the continuing Tablelands Regional Council to the new Mareeba Shire Council compared to the estimates undertaken by the Queensland Treasury Corporation during the 2012 financial modelling exercise undertaken as part of the Boundaries Commissioner assessment process.â&#x20AC;?

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G

Thursday 04 July 2013

The key elements in the brief for the independent consultant (referred to as Appendix 1 in paragraph D above) are:

“The Transfer Committee will require the following work to be completed by the firm (the "Contractor") contracted to undertake this engagement. The Contractor, in conjunction with the TRC Finance Department and De-amalgamation Project Team, will: 1. Use the closing cash and reserve balances for the former Mareeba Shire at the time of amalgamation (15 March 2008) as a starting point for reconstructing the relevant cash-flows to and from these balances. 2. Investigate TRC profit and loss (P&L) and balance sheet (B/S) transactions from 15 March 2008 to 30 June 2013 and identify the transactions (or groups of transactions) that relate to the NMSC area. 3. Identify TRC profit and loss (P&L) and balance sheet (B/S) transactions from 15 March 2008 to 30 June 2013 that can not readily be assigned to the NMSC area but which should be shared between the TRC and NMSC entities and identify the appropriate methodology for apportioning these transactions (or groups of transactions). 4. Agree and clearly document the appropriate methodology identified in task 3 (above) with the Transfer Committee. 5. Ensure all transactions (or groups of transactions) identified in task 3 (above) are apportioned according to the identified and agreed methodology. 6. Using the transactions identified above, reconstruct the cash-flows for the NMSC as though the entity existed from 15 March 2008 to 30 June 2013 in order to determine the closing balance of all cash accounts and reserves. In terms of Cash Reserve balances, the Contractor should focus predominantly on the Unrestricted or General cash reserves as Restricted Reserve balances can be reasonably established by the TRC Finance Department. 7. Present the re-constructed cash-flows and closing cash and reserve balances for the NMSC, together with relevant supporting work-papers and methodologies in a suitable report format to the Transfer Committee for review and adoption. 8. The Contractor must also consider and mitigate for the fact that the closing cash and reserve balances for the NMSC at 30 June 2013, determined by the Contractor and agreed by the Transfer Committee, will be subject to scrutiny by the general public and NMSC and TRC auditors. The Contractor is to ensure, at all times, that their objectivity and independence is not compromised throughout this assignment.”

Quotations are currently being sourced from four accountancy firms. Any firms that have undertaken work associated with the de-amalgamation process previously (e.g. BDO) have been excluded. The cost of this consultancy will be a de-amalgamation cost. Essentially, what this work will do is to reconstruct the balance sheet of the former MSC from 15 March 2008 to 30 June 2013 i.e. looking at the cash inflows and outflows to determine its cash balances. By definition, this also addresses the TRC balance sheet as anything that that doesn’t apply to the MSC area applies to the TRC area. The outcomes will be subsequently updated as at 31 December 2013 using the methodology applied by the independent accounting consultant. What happens once this work has been completed by the independent accounting firm engaged by the Transfer Committee? Once completed, a number of steps will follow: The report by the independent accounting firm will be reviewed by the Transfer Committee;  The report will be reviewed by TRC’s internal auditors and TRC’s internal auditors will be requested to ‘sign off’ on the methodology on behalf of TRC;  The report will be reviewed by Orion Consulting on behalf of the Transfer Manager and Orion Consulting will be requested to ‘sign off’ on the methodology on behalf of the Transfer Manager;

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 Council staff will then finalise the TRC financial statements for 2012/13 and prepare two sets of financial statements to apply from 1 July 2013 with those financial statements to be revised on 31 December 2013. Will the final outcome be different to the QTC assessment undertaken in 2012? This is quite likely. Why? There are a number of reasons: The assessment undertaken by QTC to split the debt/cash component of the balance sheet related to the Council's financial position at June 2012, not 2013.  The assessment undertaken by QTC was for financial modelling purposes, not for audit purposes. As such, it used assumptions that allowed it to develop a financial model in the timeframe provided.  At the time that QTC developed those assumptions for financial modelling purposes, no transfer regulation had been prepared. What is the intended outcome of this process? achieved by the Transfer Committee:-

There are two outcomes intended to be

1. The apportionment of the debt/cash component of the balance sheet will be “audit accurate” i.e. if the final result is different from the QTC report, it will be because it is more accurate and up to date; and 2. The process to determine the apportionment of the debt/cash component of the balance sheet will have been independently assessed and there should be no future complaints from either the continuing TRC or the new MSC that the final split process was unfair. LINK TO CORPORATE PLAN A Well Managed Region • Outcome - Accountable Leadership - A local government that delivers strong leadership by advocating the needs of the community and setting clear directions through transparent practices and open engagement. Strategy - Transparent Practices - Ensure the administration of the region is governed through open and transparent decision making practices and coordinated management and reporting processes. • Outcome - Quality Management - Quality service to all customers by ensuring that the region's assets and the organisation's workforce and knowledge are appropriately managed. Strategy - Knowledge Management - Provide quality corporate knowledge management throughout the organisation to assist in the delivery of services and Council business. CONSULTATION Internal Nil External Nil

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LEGAL IMPLICATIONS (STATUTORY BASIS, LEGAL RISKS) Nil POLICY IMPLICATIONS Nil FINANCIAL & RESOURCE IMPLICATIONS Capital Nil Operating Nil Is the expenditure noted above included in the 2012/2013 budget? Nil If not you must recommend how the budget can be amended to accommodate the expenditure Nil IMPLEMENTATION/COMMUNICATION Nil ATTACHMENTS 1.

Nil

Date Prepared:

29 May 2013

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CORPORATE AND COMMUNITY SERVICES CUSTOMER & COMMUNITY SERVICES ITEM-16

FINANCIAL AND IN KIND SUPPORT PROGRAM APPROVALS - 4 JULY 2013

DOCUMENT INFORMATION

MEETING:

Ordinary

MEETING DATE:

4 July 2013

REPORT AUTHOR/ OFFICER’S TITLE:

Amanda Riches, Manager Customer and Community Services

DEPARTMENT:

Corporate and Community Services

EXECUTIVE SUMMARY Council received two applications totalling $2,565 for financial and in-kind support requiring consideration. These have been assessed in accordance with the Financial and In-Kind Support Program policy. • •

One application with a value of $565 has been processed through staff delegation. One application with a value of $2,000 is recommended for approval.

OFFICER'S RECOMMENDATION "That Council approve: Fiks1359 Ngyangabarra Traditional Aboriginal Corp

Cash Donation $2,000 One off

BACKGROUND CASH DONATION

$2,000

FIKS1359 NGYANGABARRA TRADITIONAL ABORIGINAL CORPORATION Cash Donation – One off

$2,000

This will come from the 2013/2014 budget The Ngyangabarra Traditional Aboriginal Corporation has applied to Council for a cash donation of $2,000 towards covering cost of travelling to Nyulunbuy, East Arnhem, NT to participate in the Garma Festival in August 2013 where they have been invited to speak. During this festival the group will be involved in the Cultural Exchange of practices in Ancient Traditional Ceremonial Funeral rights and traditional learning for the transference of activities as

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“bush pharmacy” through time honoured cultural pratices and traditions. They will also participate in educational learning programs such as language & identity, arts and sustainable small business, promoting self empowerment, self governance and cultural appropriate practices. The importance of learning these ancient traditional ceremonial funeral rights is to support Uncle Tom Gertz’s Ancestral Custodianship of Hgitja, whose mummified body was taken from Lake Eacham to Berlin in 1904 before his ceremonial burial process was complete. They wish to return Hgitja back to his homelands and perform their own ceremonies befitting their Chief of the Ngyangabarra Snake Tribe of the Atherton Tablelands and the Goldsborough Valley. Total cost per person to attend the Festival is $9,155.80. The donation from Council will go towards covering cost for 4 people to travel. Support from other areas is: • •

Each participant will put in $1,000 In Kind support from Sharing Culture Gadj & Jodie Maymur, Yothu Yindi Foundation.

They have also sought support from North Qld Land Council and The National Museum of Australia. History – Nil STAFF APPROVED

$565

FIKS1358 RAVENSHOE MEALS ON WHEELS Remittance of Fees – One off

$565

Ravenshoe Meals on Wheels has applied to Council for a refund of their food licence fees paid on receipt number 455455 - $565. This service assists people living independently to remain in their own home. Volunteers deliver nourishing meals not only to members of the community living in the township of Ravenshoe but the immediate rural areas. The organisation has applied for ongoing support with this licence application however because of deamalgamation this application has been amended to one off and will be reviewed prior to finalisation of the 2014-2015 budget. History – Remittance of Hall Hire Fees $54 – Christmas Lunch 2012 THANK YOU LETTERS RECEIVED Kuranda Conservation Community Nursery • Sincere thanks for providing a donation towards the replacement cost of the shade houses. Tablelands Folk Festival Assn Inc • Thank You to Council for their continuing support of the annual folk festival. SUMMARY OF APPLICATIONS Type of Assistance

Amount ($s)

Approve Staff Approve Total Applications

2,000 565 2,565

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2012/2013 Financial & In-Kind Support Budget Funds Committed as Ongoing Applications • Includes $21,972.15 for property rates donations Funds Approved to date 2012/2013 One off • Includes staff approvals • Special project $50,000 • Avenue of Honour $20,000

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350,000 173,394

167,447

Balance Available for Distribution 2012/2013

9,159

Recommended Approvals this round

2,000

Funds Available for Allocation if Recommendations are Approved

7,159

LINK TO CORPORATE PLAN A Vibrant and Healthy Community: 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 community that supports equity and inclusiveness enabling all people to participate in regional events, cultural activities and celebrations. CONSULTATION Internal Amanda Riches, Manager Customers & Community Services Group. 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 As per the Financial and In-Kind Support Program budget Is the expenditure noted above included in the 2012/2013 budget? Yes If not you must recommend how the budget can be amended to accommodate the expenditure Nil

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IMPLEMENTATION/COMMUNICATION Nil Date Prepared:

26 June 2013

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PLANT & FACILITIES ITEM-17

E10 FUEL

DOCUMENT INFORMATION

MEETING:

Ordinary

MEETING DATE:

04 July 2013

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

Matthew Hyde, General Manager Corporate and Community Services Corporate and Community Services

EXECUTIVE SUMMARY Council is currently experiencing issues with the breakdown of E10 fuel in the bowsers at the Mareeba depot. This report serves to notify Council of the related issues and recommend Council return to standard Unleaded fuel. OFFICER'S RECOMMENDATION "That Council cease the purchase of E10 fuel and return to standard unleaded fuel." BACKGROUND Council currently only stocks E10 unleaded and diesel fuel at the Mareeba Depot. The Tolga depots stocks standard unleaded and diesel fuel and the Malanda and Ravenshoe depots only stock diesel fuel. Between 2000 and 2005 there was a great deal of political push behind the benefits of production of ethanol in many Queensland sugar towns. At the time it was thought the renewable green fuel would partly offset the importation of fossil based fuels and importantly, would provide some diversification for the sugar industry. Many Council's at this time implemented conversions to use E10 unleaded for its fleet. In 2003 the Mareeba Shire Council was approached to enter into a trial on E10 Unleaded and following a report from the Mayor Council resolved in 2005: "That Council approve the cleaning of the fuel tank to allow significant storage of E10 fuel at its Depot at an estimated cost of $850, and accept the offer of Caltex to provide another fuel tank for unleaded fuel for small equipment." E10 unleaded, due to the ethanol content attracts water due to its solvent attributes and for this reason has now been found to be unreliable for Council's sedan fleet. Council's fleet has moved more towards diesel in recent years and the use of unleaded fuel has decreased resulting in E10 unleaded fuel being kept for longer periods in the tanks and increasing the attraction of water to the fuel source causing contamination. The water ingress into the fuel has been identified as the

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cause of some vehicle breakdowns and is expected to continue to impact negatively on the performance of Council's fleet over time. Council's Mareeba Depot fuel tanks have recently been tested for leaks and cap seals and have passed. Currently staff are arranging for weekly manual removal of the water from the tanks and cleaning of the filters. The cost of this also includes replacing filters on the bowsers and vehicles in addition to the cost of the fuel lost during the cleaning operations. The water in the tanks is also expected to incur pitting damage to the tanks. In February 2013, an initial clean of the tanks removed 285 litres of water from the tanks. At the time Council made its resolution E10 unleaded was approximately 7 cents cheaper per litre than standard unleaded and now it can be more expensive to purchase E10 unleaded fuel. Currently E10 fuel costs approximately 7.6 cents per litre more than standard unleaded fuel. DE-AMALGAMATION ISSUES N/A LINK TO CORPORATE PLAN A well managed region. Outcome - Quality Management

Asset Management

Ensure a structured management approach is applied to the regionâ&#x20AC;&#x2122;s assets through a proper regime of investment, maintenance, renewal and disposal.

CONSULTATION Internal Ian Church - CEO Trevor Adil - GM Infrastructure Services Steve Ripper - GM Planning and Development Dean Davidson - Manager Plant and Facilities Jennifer McCarthy - Manager Finance Justen Oliver - Co-ordinator Fleet and Workshops Tony Alston - Co-ordinator Stores External Nil LEGAL IMPLICATIONS (STATUTORY BASIS, LEGAL RISKS) N/A POLICY IMPLICATIONS Council has no formal policy the writer is aware of about the purchase of E10 unleaded fuel, however given the previous Council resolution due to the then benefits to the sugar industry, the writer is seeking a Council resolution to change our standard practice.

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FINANCIAL & RESOURCE IMPLICATIONS Capital N/A Operating Nil Is the expenditure noted above included in the 2012/2013 budget? These funds are covered in the operational budget. If not you must recommend how the budget can be amended to accommodate the expenditure N/A IMPLEMENTATION/COMMUNICATION Should Council adopt the recommendation arrangement will be made to changeover the fuel source as soon as possible. ATTACHMENTS Nil Date Prepared:

26/06/13

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ITEM-18

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PROJECT COST EVALUATION FOR THE NEW KURANDA VISITOR INFORMATION CENTRE PRE TENDER CONFIDENTIAL

REASON FOR CONFIDENTIALITY This report is CONFIDENTIAL in accordance with Section 72(1)(g) of the Local Government (Operations) Regulation 2010, which permits the meeting to be closed to the public for business relating to the following: (e)

Contracts proposed to be made by Council.

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CORPORATE ITEM-19

AUSTRALIAN CONSTITUTION RECOGNISE LOCAL GOVERNMENT

AMENDMENT

TO

DOCUMENT INFORMATION

MEETING:

Ordinary

MEETING DATE:

18 July 2013

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

Kate Eden, Senior Advisor Corporate Services

DEPARTMENT:

Corporate and Community Services

EXECUTIVE SUMMARY The purpose of this report is to advise Council in relation to a proposed referendum on an amendment to the Australian Constitution to recognise Local Government. OFFICER'S RECOMMENDATION "That Council receive and note the report on the referendum on the amendment of the Australian Constitution to recognise Local Government". BACKGROUND A national referendum will be held on Federal election day in September when voters will decide whether to formally recognise local government in the Australian Constitution. The reform aims to ensure Canberra has the power to directly fund councils through programs like Roads to Recovery without stepping out of its jurisdiction. The Australian Local Government Association is lobbying for constitutional recognition following two High Court cases which cast doubt over the Commonwealth's power to directly deliver money to councils. Although the results of these cases challenged the Commonwealthâ&#x20AC;&#x2122;s power to directly fund local government, it may still indirectly fund local government through section 96 grants to the States. The proposal The Explanatory Memorandum to the Commonwealth Parliament Bill Constitution Alteration (Local Government) 2013 circulated by authority of the Attorney-General, states: "As amended, s 96 of the Constitution would be as follows 96 Financial assistance to States and local government bodies During a period of ten years after the establishment of the Commonwealth and thereafter until the Parliament otherwise provides, the Parliament may grant financial assistance to any State, or local government body formed by a law of a State, on such terms and conditions as the Parliament thinks fit. Page 271


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The alteration of s 96 would establish specifically that the Commonwealth may grant financial assistance to local government bodies formed by a law of a State. This financial assistance can be for a wide range of services and facilities and, without limiting the generality of the specific provision, the long title to the Act refers to grants of financial assistance for community and other services typically provided by local government bodies. The Commonwealth would thus no longer need to rely on other, less specific sources of power to provide financial assistance to local government bodies." (End quote). History According to a research paper by Dr Lyndon Megarrity (31 January 2011), this will be the third attempt to have local government recognised in the Constitution. •

• •

In 1974 the proposed amendment sought to give the Commonwealth Parliament the power to borrow money for, and to make financial assistance grants directly to, any local government. In 1988 the referendum sought to give constitutional recognition to local government as an institution. Both failed to achieve their aims. Dr Magarrity and other researchers indicate that this was largely due to lack of bi-partisan support for constitutional recognition, a lack of urgency to reform the Constitution, the manner in which the questions were worded, and multiple questions being put to Australians that confused the issue.

Key issues It has been argued that Commonwealth direct funding to local government would result in a cost saving because it cuts out the states as the ‘middle man’. However, research prior to the introduction of the Bill could find no evidence that the states take off administrative costs before they pass financial assistance grants on to local councils. Even if they did, the solution could lie with the Commonwealth tightening its grant conditions. Parliamentary Bills Digest no. 147 2012-2013 by Rob Lundie (19 June 2013) states: "The Bill will not change the legal relationship between local government and the states. States will retain the power to create, dismiss or alter the structure of local government bodies. However, if local government ends up receiving most of its funding directly from the Commonwealth and on terms and conditions which are in conflict with a given state’s policies, then there could be increased confusion on the part of local government as to who it is really accountable to. While the states still have a stake in local government, financial or otherwise, the potential for blame shifting, cost shifting and responsibility shifting remains and with it local government’s problems regarding accountability." (End quote) Public opinion The referendum vote would need a majority of people in a majority of states to succeed. A recent Australian Financial Review-Neilsen poll showed 65% of respondents said they would vote for Constitutional recognition of local government. Poll results show 70% of respondents in Queensland will vote yes, as would 23% of New South Wales residents, 62% of Victorians, 65% of South Australians and Northern Territorians and 69% of West Australians. Queensland State Government position Queensland was the only state to come out in support of the referendum before the Bill was introduced. Early in 2013, Queensland Premier Campbell Newman had written to all the states urging them to support the referendum. Later, he also wrote to the Prime Minister supporting the Page 272


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proposed wording of the referendum and indicating that he does not believe a constitutional change will erode state powers over local government. He also supported the referendum being held at the 2013 federal election or on a fixed date in 2014. However, on 5 June 2013 while the Bill was being debated in the House of Representatives, Premier Newman and Minister Crisafulli sent a letter advising that the Queensland Government was no longer prepared to support the Bill in its current wording. They were concerned that under the current proposal the Commonwealth would be able to control local government. They proposed changing section 96 so that it would read (with their added words bolded): During a period of ten years after the establishment of the Commonwealth and thereafter until the Parliament otherwise provides, the Parliament may grant financial assistance to any State, or to any local government body formed by a law of a State, on such terms and conditions as the Parliament thinks fit. The terms and conditions of a grant of financial assistance to a state or to a local government body formed by a law of a state are subject to the laws of the state. Local Government Association of Queensland President Margaret de Wit in a press release dated 18 June 2013 stated that she was disappointed and bemused by the Newman government's stance. The media release said the LGAQ had provided eminent legal opinion to the state government that showed there was no danger that the states would lose control over councils if the referendum was passed. She said advice received from constitutional lawyer Professor George Williams and former NSW Supreme Court Chief Justice Jim Spigelman, QC, stated that the constitutional change proposed would not override State laws. LINK TO CORPORATE PLAN A well managed region CONSULTATION Internal Chief Executive Officer General Manager Corporate and Community Services External Local Government Association Queensland Research • Current media releases from the LGAQ, Queensland Government and Commonwealth Government and various media opinions • Parliamentary Bills Digest no. 147 2012-2013 by Rob Lundie (19 June 2013) • Research Paper no.10 2010-2011 by Dr Lyndon Megarrity (31 January 2011) • The Explanatory Memorandum to the Commonwealth Parliament Bill Constitution Alteration (Local Government) 2013 circulated by authority of the Attorney-General • Commonwealth Parliament Bill Constitution Alteration (Local Government) 2013 LEGAL IMPLICATIONS (STATUTORY BASIS, LEGAL RISKS) NIL

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POLICY IMPLICATIONS NIL FINANCIAL & RESOURCE IMPLICATIONS Capital NIL Operating NIL Is the expenditure noted above included in the 2009/2010 budget? N/A IMPLEMENTATION/COMMUNICATION Nil recommended ATTACHMENTS NIL Date Prepared:

25 June 2013

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ITEM-20

Thursday 04 July 2013

REVISION OF STANDING ORDERS FOR COUNCIL MEETINGS

DOCUMENT INFORMATION

MEETING:

Ordinary

MEETING DATE:

4 July 2013

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

Kate Eden, Senior Advisor Corporate Services

DEPARTMENT:

Corporate and Community Services

EXECUTIVE SUMMARY The purpose of this report is to advise Council in relation to the revised policy about standing orders for Council meetings OFFICER'S RECOMMENDATION "That Council: 1.

adopt the attached revised policy titled Standing Orders for Council Meetings; and

2.

request the Chief Executive Officer to arrange an externally facilitated session for all Councillors to discuss the preferred approach to teamwork in contexts that are not addressed by the standing orders."

BACKGROUND At its ordinary meeting 20 June 2012 Council adopted the Standing Orders for Council Meetings policy. The standing orders for Council meetings provide formal rules for engagement at public Council meetings. The purpose of the standing orders are to provide a standard way of running Council meetings such that decisions are legal; order is maintained and; members of the community have clarity about the opportunities and conditions for their participation. The standing orders do not give general guidance for the rules of engagement between councillors and councillors and members of the public outside of official meetings. It is therefore recommended that Council request the CEO to arrange an externally facilitated session where councillors can agree on the way they will work together in other contexts.

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The session may include topics such as: • • • • •

relationships between councillors outside of formal meetings (including briefings and workshops); teamwork; engaging with developers (when the Lobbyist Guidelines do not apply); methods for challenging existing formal rules; working together through de-amalgamation.

Council reviewed the standing orders on 14 January 2013 which resulted in a significant revision of the policy. Apart from editing and minor changes that were agreed at the Councillor's workshop, changes to the policy are listed below (section numbers refer to the current version unless specified): 4.2

"The agenda may contain receipt of Mayor decisions\directions register" has been removed as this is no longer required by the Local Government Act.

6.1

The clause relating to the use of the mayoral minute has been re-drafted for clarity.

7.3

To address Councillor's concerns regarding the validity of petitions, this now reads, "A petition may be forwarded or handed to the CEO who shall take reasonable steps to check the validity of the petition and present it at the first ordinary meeting of Council".

Council requested that the legal requirements regarding the age of petitioners be clarified. The advice is that petitions are a form of lobbying, so there are no legal rules other than guidelines established by the organisation. Queensland Parliament allows petitions from persons aged under 18. The validity of the petition would depend on the subject. For example, a request for a skate park may be considered valid if signed by persons under 18. It is recommended that the standing orders do not specify a rule regarding the age of petitioners, but that each petition should be examined in context as per clause 7.3. 8.

The rules regarding deputations have changed the responsibility for considering applications for deputations from the CEO to the Mayor. The Mayor also has the responsibility to advise Councillors and the CEO of the outcome of applications for deputations.

9.

Information has been added to clarify the concept of motions. Section 9.6 provides clarity about situations where a motion is lost and no action is implied.

12.2 The clause relating to foreshadowed amendment has been rewritten to improve clarity. 13.4 This clause has been added to be clear; "the mover of a motion may not move an amendment to the motion unless permitted by Council". 13.7 This clause has been re-written to comply with the update to the Local Government Regulation 2012 regarding the recording of decisions that are inconsistent with recommendations / advice. 14.1 A brief definition of resolutions has been added. 15.1 The rule for rescinding and altering resolutions has been updated as per the Local Government Regulation 2012. 16.

The whole section on procedural motions and points of order has been re-drafted so that each topic is covered in the one place. The purpose of the motion and suggested wording is provided. Rules about seconding and voting are provided beneath each motion if relevant. Page 276


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The motion, "that the question lie on the table" has been removed because it is a duplication of the motion, "that the meeting proceed to the next item of business". The rule regarding moving between open and closed sessions has been moved to the section on public participation in meetings, as it is not a procedural motion. 17.

The previous version of the standing orders referred to a procedural resolution regarding Councillor conduct, "that the code of conduct has been breached". TRC does not currently have a code of conduct specifically for Councillors. A substitute reference is recommended for the revised version. The reference regarding expected conduct is now the Local Government Act and the standing orders. As neither of those documents is specific about what constitutes an act of disorder, the addition of the following extract from TRC Model Local Law No. 2 (Meetings) 2008 is proposed:

17.8 A Councillor commits an act of disorder at a meeting of the local government if the Councillor: • obstructs or interrupts the proper conduct of the meeting or; • uses indecent or offensive language or; • refuses or wilfully fails to comply with the direction given by the chair. 17.9 If the Councillor has in the Chair's opinion committed an act of disorder, the Chair may direct the Councillor to make a retraction or apology. 17.10 If the Councillor does not comply immediately with the direction of the Chair, the Chair may immediately move a suspension motion, "that the Councillor be suspended for the remainder of the meeting (or lesser time fixed by the chair)". The motion does not require seconding but must be put to the vote immediately without discussion. If the motion is carried, the Councillor must immediately leave the meeting place and must remain away for the period of the suspension defined by the motion. DE-AMALGAMATION ISSUES Nil. LINK TO CORPORATE PLAN A well managed region CONSULTATION Internal Chief Executive Officer General Manager Corporate and Community Services Councillors External Local Government Association Queensland LEGAL IMPLICATIONS (STATUTORY BASIS, LEGAL RISKS) Following standing orders for meetings may reduce the likelihood of Council inadvertently making decisions that are not legally binding.

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POLICY IMPLICATIONS NIL FINANCIAL & RESOURCE IMPLICATIONS Capital NIL Operating NIL Is the expenditure noted above included in the 2009/2010 budget? N/A IMPLEMENTATION/COMMUNICATION Policy will be published on Council's website. ATTACHMENTS 1.

Revised Standing orders for Council meetings policy (DW2780011)

Date Prepared:

20 June 2013

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ATTACHMENT 1

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INFRASTRUCTURE AND MAINTENANCE SERVICES CONSTRUCTION & MAINTENANCE ITEM-21

TOOHEY FRAMING APPLICATION BD1413

-

B-DOUBLE

ACCESS

ROUTE

DOCUMENT INFORMATION

MEETING:

Ordinary

MEETING DATE:

4 July 2013

REPORT AUTHOR/ OFFICER’S TITLE:

Nathan McKenna, Civil Works Investigations Officer

DEPARTMENT:

Infrastructure and Maintenance Services

EXECUTIVE SUMMARY Department of Transport and Main Roads (DTMR) seeks Council's views in relation to an application to operate a 26 metre B-Double combination vehicle from 1322 Tumoulin Road to the Kennedy Highway at Ravenshoe via Moore Street and Grigg Street, Ravenshoe. The proposed route length is 13.22 kilometres. OFFICER'S RECOMMENDATION "That Council resolves to advise the Department of Transport and Main Roads that it does not object to the proposed B-Double Route application from 1322 Tumoulin Road to the Kennedy Highway at Ravenshoe, via Moore Street and Grigg Street, Ravenshoe." BACKGROUND Transport operators seeking to utilise B-Double vehicles on roads not approved as B-Double routes are required to apply to the Department of Transport and Main Roads (DTMR) nominating the route they wish to use. As a consequence of receiving an application, DTMR seeks the views of Council and other agencies prior to making its determination on whether to approve or refuse such an application. There are currently a number of other operators who hold B-Double permits over sections of Tumoulin Road. To Council’s knowledge there have not been incidents or any other relevant issue to form a basis to refuse this application.

DE-AMALGAMATION ISSUES Nil

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LINK TO CORPORATE PLAN

Traffic Management

Plan for, provide and maintain a safe and trafficable road network for the movement of people, goods and services safely, efficiently and conveniently.

CONSULTATION Internal Acting Manager Project Delivery External Department of Main Roads, Cairns Queensland Police Services, Ravenshoe LEGAL IMPLICATIONS (STATUTORY BASIS, LEGAL RISKS) Nil POLICY IMPLICATIONS Nil FINANCIAL & RESOURCE IMPLICATIONS Capital Nil Operating Nil Is the expenditure noted above included in the 2012/2013 budget? Nil If not you must recommend how the budget can be amended to accommodate the expenditure Nil IMPLEMENTATION/COMMUNICATION Following publication of Council's minutes, advise the Department of Transport and Main Roads of the Councilâ&#x20AC;&#x2122;s decision. ATTACHMENTS 1. 2.

Letter from the Department of Transport and Main Roads seeking Council's comment to the application lodged by Toohey Farming (DWs# 2605031); Proposed Route Map.

Date Prepared:

6 June 2013

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Proposed B-Double Route Tumoulin Road, Tumoulin

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ITEM-22

Thursday 04 July 2013

TRAFFIC ADVISORY COMMITTEE - ROAD SAFETY AUDIT REPORT - SILO ROAD, ATHERTON

DOCUMENT INFORMATION

MEETING:

Ordinary

MEETING DATE:

4 July 2013

REPORT AUTHOR/ OFFICER’S TITLE: DEPARTMENT:

Trevor Adil, General Manager Infrastructure and Maintenance Services Infrastructure and Maintenance Services

EXECUTIVE SUMMARY Council at their Ordinary Meeting of 4 April 2013 resolved to request officers undertake a comprehensive review of signage, pedestrian facilities and traffic calming devices on Silo Road, Atherton and to report the findings to the Traffic Advisory Committee. The review has been completed and due to the complexity of the findings and nature of the proposed treatments the Traffic Advisory Committee has deferred consideration of the report until the next meeting of the committee. The report is presented for Council’s information and provides an opportunity for feedback to the committee prior to it being considered in detail. OFFICER'S RECOMMENDATION "That Council receive and note the report." BACKGROUND n respect to Item 13.03-04 of the Minutes of the Combined Traffic Advisory Committee Meeting held on 18 June 2013, the Committee resolved to recommend that this Road Safety Audit Report be presented to Council for their information. DE-AMALGAMATION ISSUES Nil LINK TO CORPORATE PLAN

Traffic Management

Plan for, provide and maintain a safe and trafficable road network for the movement of people, goods and services safely, efficiently and conveniently.

Advocacy Role

Ensure the best interests of the region are advanced through representation and partnering with other government bodies and key stakeholders and advocate on behalf of the community to other levels of government on issues that could affect the community.

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CONSULTATION Internal Senior Advisor Infrastructure, John Breen Manager Urban and Regional Planning, Brett Development Engineer, Brian Parnell External Nil LEGAL IMPLICATIONS (STATUTORY BASIS, LEGAL RISKS) Nil POLICY IMPLICATIONS Nil FINANCIAL & RESOURCE IMPLICATIONS Capital An estimate of the capital required to implement all of the proposed changes is $30,000. Operating Ongoing maintenance cost associated with the proposed changes to road furniture and function of the network in the vicinity of Silo Road is not expected to materially impact the road maintenance budget. Is the expenditure noted above included in the 2012/2013 budget? No If not you must recommend how the budget can be amended to accommodate the expenditure On the assumption that the Traffic Advisory Committee recommends changes to the operation of Silo Road and associated road furniture and Council supports that view, the capital funding required to deliver the proposed changes to signage and pedestrian controls would need to be funded by Council in a future budget. IMPLEMENTATION/COMMUNICATION Future proposed changes to the operation of Silo Road and environs would be discussed with business and property owners likely to be affected at a future date. In the event that Councillorâ&#x20AC;&#x2122;s wish to provide input to the Traffic Advisory Committee for consideration in respect of this matter such input may be directed to the General Manager Infrastructure and Maintenance Services. ATTACHMENTS 1.

Road Safety Audit Report - Silo Road, Atherton

Date Prepared:

25 June 2013

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ITEM-23

Thursday 04 July 2013

TRAFFIC ADVISORY COMMITTEE - COMBINED NORTHERN AND SOUTHERN REGIONS - MINUTES OF MEETING HELD 18 JUNE 2013

DOCUMENT INFORMATION

MEETING:

Ordinary

MEETING DATE:

4 July 2013

REPORT AUTHOR/ OFFICER’S TITLE: DEPARTMENT:

Trevor Adil, General Manager Infrastructure and Maintenance Services Infrastructure and Maintenance Services

EXECUTIVE SUMMARY Minutes of the Traffic Advisory Committee Meeting of the combined Northern and Southern Regions held on Tuesday, 18 June 2013 are presented for Council’s information. The action items presented in the minutes of the Traffic Advisory Committee - Combined Regions are recommendations to Council. Council's endorsement or contrary view of the recommendations is required. OFFICER'S RECOMMENDATION "That Council resolves to: 1.

In respect to Item 13.06-01, retain the existing speed limit of 80kph on Speewah Road, Speewah and to write to Mr Thomson advising of the decision;

2.

In respect to Item 13.03-01, Council write to Mr Peter Ferraro advising no speed limit review is required on Storer Street, Atherton, as Storer Street is categorised as a general urban area which has a default speed limit of 50kph;

3.

In respect to Item 13.03-02, retain the existing 80kph area limit for Western View Crescent, Millstream and write to Ms Mary Loker advising of the decision;

4.

In respect to Item 13.03-03, change the Malcolm Road and Tinaroo Heights area speed limit to a 60kph speed zone;

5.

In respect to Item 13.06-06, retain the current speed limit of 50kph on Main Street, Atherton;

6.

In respect to Item 13.06-08, Council write to Queensland Police Service, Malanda requesting they commit resources to enforce road rules in the area of the school bus pick up / drop off point on the corner of McLeish Road and Lakes Drive, Lake Eacham;

7.

In respect to Item 13.06-09, Council remove the 100kph speed signs installed near the junction of Wrights Creek Road, Eacham Road and Lakes Drive, Lake Eacham;

8.

In respect to Item 13.06-22, Council install a traffic counter on the Tolga-Kairi Road at the entrance to the built up area near the Hughes Street / Tolga-Kairi Road intersection. Page 355


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BACKGROUND Traffic Advisory Committees are consultative committees of Council established to raise community and other representative body concerns in relation to traffic conditions with Council and the Department of Transport and Main Roads. DE-AMALGAMATION ISSUES Nil LINK TO CORPORATE PLAN

Advocacy Role

Ensure the best interests of the region are advanced through representation and partnering with other government bodies and key stakeholders and advocate on behalf of the community to other levels of government on issues that could affect the community.

CONSULTATION Internal Nil External Nil LEGAL IMPLICATIONS (STATUTORY BASIS, LEGAL RISKS) Nil POLICY IMPLICATIONS Nil FINANCIAL & RESOURCE IMPLICATIONS Capital Nil Operating Internal resources for investigation and follow up actions. Is the expenditure noted above included in the 2012/2013 budget? Not applicable If not you must recommend how the budget can be amended to accommodate the expenditure Not applicable IMPLEMENTATION/COMMUNICATION Not applicable

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ATTACHMENTS 1.

Minutes of the Traffic Advisory Committee Meeting - Northern and Southern Regions Combined held Tuesday 18 June 2013.

Date Prepared:

24 June 2013

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ITEM-24

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TABLELANDS ROAD SAFETY, TRAFFIC AND TRANSPORT ADVISORY COMMITTEE - MINUTES OF MEETING HELD 18 JUNE 2013

DOCUMENT INFORMATION

MEETING:

Ordinary

MEETING DATE:

4 July 2013

REPORT AUTHOR/ OFFICER’S TITLE: DEPARTMENT:

Trevor Adil, General Manager Infrastructure and Maintenance Services Infrastructure and Maintenance Services

EXECUTIVE SUMMARY Minutes of the Tablelands Road Safety, Traffic and Transport Advisory Committee Meeting held on Tuesday, 18 June 2013 are presented for Council’s information. OFFICER'S RECOMMENDATION "That Council receives and notes the Minutes of the Tablelands Road Safety, Traffic and Transport Advisory Committee meeting held on 18 June 2013” And “That Council provide the Tablelands District Queensland Police Service "Will You Be Next" Campaign, in-kind support by assisting with the rotation of the promotional signage within the Tablelands Regional Council area" And "That Council supports the decision that the functions of the Road Safety, Traffic and Transport Advisory Committee be incorporated into the Tablelands Combined Traffic Advisory Committee Meetings commencing at the next meeting scheduled for 17 September 2013." BACKGROUND The Road Safety, Traffic and Transport Advisory Committee (RSTTAC) was formed at the Traffic Advisory Committee (TAC) meeting held on 7 December 2010. At this TAC meeting the group discussed the direction and development of the RSTTAC and identified the group to be a more strategically focused road safety committee than the TAC. Due to the focus of the state wide road safety plan being redirected to other areas, it is the view of the Road Safety, Traffic and Transport Advisory Committee that the functions of the committee should be combined with those of the Tablelands Traffic Advisory Committee. DE-AMALGAMATION ISSUES Nil Page 368


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LINK TO CORPORATE PLAN Ensure the best interests of the region are advanced through representation and partnering with other government bodies and key stakeholders and advocate on behalf of the community to other levels of government on issues that could affect the community.

Advocacy Role

CONSULTATION Internal Nil External Nil LEGAL IMPLICATIONS (STATUTORY BASIS, LEGAL RISKS) Nil POLICY IMPLICATIONS Nil FINANCIAL & RESOURCE IMPLICATIONS Capital Nil Operating The estimated cost of rotating 18no. “Will You Be Next?” signs twice during the financial year across the urban centres of the local government area of the Tablelands Regional Council is $5,000 Is the expenditure noted above included in the 2012/2013 budget? No If not you must recommend how the budget can be amended to accommodate the expenditure Nil IMPLEMENTATION/COMMUNICATION Nil ATTACHMENTS 1.

Minutes of the Tablelands Road Safety, Traffic and Transport Advisory Committee held 18 June 2013.

Date Prepared:

24 June 2013

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ITEM-25

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MINING LEASE ML20016 - KAGARA LIMITED - DEED OF ASSIGNMENT, ASSUMPTION AND RELEASE CONFIDENTIAL

REASON FOR CONFIDENTIALITY This report is CONFIDENTIAL in accordance with SectionE 275(1)(h) of the Local Government Regulation 2012, which permits the meeting to be closed to the public for business relating to the following: (h)

other business for which a public discussion would be likely to prejudice the interests of Council or someone else, or enable a person to gain a financial advantage.

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ITEM-26

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MINING LEASE ML4130 - KAGARA LIMITED - DEED OF ASSIGNMENT, ASSUMPTION AND RELEASE CONFIDENTIAL

REASON FOR CONFIDENTIALITY This report is CONFIDENTIAL in accordance with Section 275(1)(h) of the Local Government Regulation 2012, which permits the meeting to be closed to the public for business relating to the following: (h)

other business for which a public discussion would be likely to prejudice the interests of Council or someone else, or enable a person to gain a financial advantage.

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ITEM-27

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MINING LEASE ML4044 - KAGARA LIMITED - DEED OF ASSIGNMENT, ASSUMPTION AND RELEASE CONFIDENTIAL

REASON FOR CONFIDENTIALITY This report is CONFIDENTIAL in accordance with Section 275(1)(h) of the Local Government Regulation 2012, which permits the meeting to be closed to the public for business relating to the following: (h)

other business for which a public discussion would be likely to prejudice the interests of Council or someone else, or enable a person to gain a financial advantage.

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ITEM-28

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MINING LEASE ML4043 - KAGARA LIMITED - DEED OF ASSIGNMENT, ASSUMPTION AND RELEASE CONFIDENTIAL

REASON FOR CONFIDENTIALITY This report is CONFIDENTIAL in accordance with Section 275(1)(h) of the Local Government Regulation 2012, which permits the meeting to be closed to the public for business relating to the following: (h)

other business for which a public discussion would be likely to prejudice the interests of Council or someone else, or enable a person to gain a financial advantage.

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WATER & SEWERAGE ITEM-29

QTRC2013-10 MOBILE GARBAGE BINS

DOCUMENT INFORMATION

MEETING:

Ordinary

MEETING DATE:

4 July 2013

REPORT AUTHOR/ OFFICER’S TITLE:

Bill Cuthbertson, Manager Water & Waste

DEPARTMENT:

Infrastructure and Maintenance Services

EXECUTIVE SUMMARY

Tablelands Regional Council, using the Local Buy “Contract Number NPN 1.11" as applied to local government in Queensland, sought quotations from three (3) suppliers for the supply, assembly and distribution of 8,000 MGB’s for the provision of kerbside collection in the former Atherton and Eacham Shire areas. OFFICER'S RECOMMENDATION "That Council resolves to award the contract to supply 8,000 MGB's and the distribution of 7,776 MGB's to SULO MGB Australia Pty Ltd at the quoted amount of four hundred and eighteen thousand, four hundred and sixty two dollars and fifty five cents ($418,462.55) including GST." BACKGROUND As part of the improvements to waste collection and increased participation in recycling, there was a need identified to provide yellow lid 240 litre mobile garbage bins to the properties in the former Atherton Shire (approx 5,500 bins) and also replace the existing red lid 140 litre mobile garbage bins with red lid 240 litre mobile garbage bins to the properties in the former Eacham Shire (approx 2,500 bins). Request for Quotations (RFQ) were called from the three nominated suppliers using the Local Buy contract NPN 1.11. Quotations were to be forwarded to the TRC Tender Box by 11.00am on 20 June 2013. Council electronically received the tender from Mastec Australia Pty Ltd at 12.54pm on 19 June 2013 and also on 19 June 2013 received advice from Superior Pak that their submission had been despatched by Xpress Post. The three suppliers were expected to be able to complete the supply, assembly and distribution of the mobile garbage bins by the end of July 2013. Also included in the specification was a requirement that the bins were to be fitted with radio frequency identification (RFID) technology. The devices allow the bin serial number to be linked to the property that received the bin in the distribution process. The table below provides a summary of the quotation process:

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Name SULO MGB Australia Pty Ltd Superior Pak Pty Ltd MASTEC Pty Ltd

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Price/bin (ex GST) (incl RFID)

Assembly & Distribution (ex GST)

Total Price/bin (ex GST)

$41.00

$6.75

$47.75

17 July - 31 July

20/6 - in tender box

$41.24

$6.95

$48.19

Completed by 31 July

21/6 - in tender box

-

-

$44.82

22 July - ?

19/6 electronically

Australia

Delivery proposed (7,766 bins)

Quotation received

All three manufacturers included the potential charge for "Query" which means rectification for activities such as revisits to properties or visits to properties not included in the database provided to the supplier. The amount proposed for this was $9.00/bin by MASTEC Australia Pty Ltd, $15.64/bin by Superior Pak Pty Ltd and $15.19 by SULO MGB Australia Pty Ltd. Council staff, both Waste and Finance, have provided the most recent database to each of the suppliers as part of the quotation process and staff do not envisage any charges being accrued due to lack of information. Council needs to be aware that the original request for quotation indicated that the RFQ's were to be lodged into the tender box at closing time. Only SULO MGB Australia Pty Ltd has complied with this instruction. The quotation from Superior Pak Pty Ltd was despatched the day before the closing date (evidence has been sighted) and the postal service did deliver the documents either late on 20 June or early on 21 June (tender box was emptied at 10.00am). The quotation from MASTEC Australia Pty Ltd was only received electronically on 19 June. On the basis of the TRC Procurement Policy and the Local Buy process, the submission from MASTEC Australia Pty Ltd is non conforming and cannot be considered further. As all three suppliers have a proven track record when providing this type of service to local governments throughout Australia and on the basis of price it is recommended that the quotation be awarded to SULO MGB Australia Pty Ltd. DE-AMALGAMATION ISSUES The awarding of this quotation will not affect the de-amalgamation process with regards to the new Mareeba Shire Council. 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.

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CONSULTATION Internal Water & Waste staff Finance staff External Recycling contractors LEGAL IMPLICATIONS (STATUTORY BASIS, LEGAL RISKS) Nil POLICY IMPLICATIONS Procurement Policy FINANCIAL & RESOURCE IMPLICATIONS Capital The quotation from SULO MGB Australia Pty Ltd was valued at $380,420.50 excluding GST and the current budget has an allocation of $400,000. Operating Nil Is the expenditure noted above included in the 2012/2013 budget? Yes If not you must recommend how the budget can be amended to accommodate the expenditure Nil IMPLEMENTATION/COMMUNICATION Residents will be notified of the impending changes using the Council website and print media. During the distribution process there will be an information sheet attached to each bin providing information in relation to kerbside waste collection for household solid waste and recyclables. ATTACHMENTS These attachments have not been included they are commercial in confidence and can be made available to Councillors on request. 1. 2. 3.

Quotation from SULO MGB Australia Pty Ltd (DWs #2780451) Quotation from Superior Pak Pty Ltd (DWs #2786437) Quotation from MASTEC Australia Pty Ltd (DWs #2785797)

Date Prepared:

26 June 2013

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APPENDIX - NOTED CORRESPONDENCE ITEM-30

NOTED CORRESPONDENCE - 4 JULY 2013

DOCUMENT INFORMATION

MEETING:

Ordinary

MEETING DATE:

4 July 2013

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

Ian Church, Chief Executive Officer

DEPARTMENT:

Office of the Chief Executive Officer

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

Department of Transport and Main Roads forward notice of impending sectional safety improvement road reconstruction works on Gilles Range Road from the Malanda-Lake Barrine Road intersection to the Petersen Creek Bridge.

2.

Hon Campbell Newman announces that the 2014 Australian of the Year Awards are now open for nomination - nominations close 02/08/2013.

3.

Hon Jeff Seeney thanks Council for correspondence regarding the consultation period for the draft state planning policy & TRC request for an extension of time to provide a submission until 31/12/2013 - suggest TRC obtain help from the State of Development.

4.

Hon David Crisafulli MP encloses information regarding the 2013/2014 Budget - Urban Fire Levey will commence on 01/07/2013 with new Levey class to come into effect 01/01/2014.

5.

Hon David Crisafulli MP, Minister for Local Government, Community Recovery and Resilience - granting ministerial extensions to reporting deadlines in extraordinary circumstances.

6.

Hon David Crisafulli MP, Minister for Local Government, Community Recovery and Resilience - explaining why the Queensland Government cannot support the Federal Governmentâ&#x20AC;&#x2122;s proposal for Constitutional Recognition of Local Government, as it is presently proposed.

7.

Hon David Crisafulli MP, Minister for Local Government, Community Recovery and Resilience - additional LGGSP funding of $25,000 to assist Council with the Avenue of Honour project.

8.

Dept of Aboriginal & Torres Strait Islander Multicultural Affairs advises QLD will celebrate the inaugural QLD Multicultural Week from 31/08/2013 to 08/09/2013 - seeks TRC support in promoting and celebrating the event.

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9.

Hon David Crisafulli MP, Minister for Local Government, Community Recovery and Resilience Improvements to applications for flood mitigation and resilience projects.

10.

Minister for Communities, Child Safety and Disability Services acknowledges Council support to build a supported accommodation unit in Atherton with financial contribution from the Elderly Parent Carer Innovation Trial.

11.

Hon Jeff Seeney MP for State Development, Infrastructure and Planning thanks Council for letter of 16/05/2013 regarding state interest, planning scheme progression and amendments to the Sustainable Planning Act - response will be provided soon.

12.

Director-General, Department of Local Government, Community Recovery and resilience, regarding the first Regional Round Table - 14 and 15 August 2013 in Townsville.

13.

Tourism Kuranda - Minutes of Meeting - 21 May 2013

ATTACHMENTS As listed above. Date Prepared: 24 June 2013

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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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ATTACHMENT 5

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ATTACHMENT 6

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ATTACHMENT 7

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ATTACHMENT 8

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ATTACHMENT 9

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ATTACHMENT 10

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ATTACHMENT 11

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ATTACHMENT 12

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ATTACHMENT 13

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Agenda Mareeba 4 July 2013  
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