Agenda 18 september 2014 for ecm

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TRC TABLELANDS REGIONAL COUNCIL

Ordinary Meeting Council Chambers, Atherton Date: Thursday 18 September 2014 Time: 9:00am

AGENDA THE ORDINARY MEETING OF THE TABLELANDS REGIONAL COUNCIL WILL BE HELD AT ATHERTON COUNCIL CHAMBERS, ON THURSDAY, 18 SEPTEMBER 2014 AND THE ATTENDANCE OF EACH COUNCILLOR IS REQUESTED.

IAN CHURCH CHIEF EXECUTIVE OFFICER



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PRESENTATIONS 9.15am 2.30pm 3.00pm 3.30pm

Helen Drennen Tableland Futures Corporation Tourism Tropical North Queensland Tropical Tablelands Tourism

ORDER OF BUSINESS MEMBERS IN ATTENDANCE........................................................................................................ 5 OFFICERS IN ATTENDANCE ........................................................................................................ 5 APOLOGIES/LEAVE OF ABSENCE.............................................................................................. 5 DECLARATION OF ANY MATERIAL PERSONAL INTERESTS/ CONFLICTS OF INTEREST BY COUNCILLORS AND SENIOR COUNCIL OFFICERS ............................................................. 5 CONFIRMATION OF MINUTES ..................................................................................................... 5 CONSIDERATION OF INWARD CORRESPONDENCE AND OTHER MATTERS ........................ 5 COMMUNITY & REGIONAL PLANNING ....................................................................................... 7 Regional Planning ....................................................................................................................... 7 ITEM-1 Notice of Motion - H Drennen - Change of Development Approval Reconfiguration of a Lot (1 lot into 2) - Lots 2 and 3 SP197657 (Previously described as Lot 368 on NR544)) - Russell Pocket Road, Yungaburra DA/13/0141 .............................................................................................................. 7 ITEM-2 H Drennen - Change of Development Approval - Reconfiguration of a Lot (1 into 2 Lots) - Lots 2 and 3 SP197657 (Previously described as Lot 367 NR544) - Russell Pocket Road, Barrine - DA/13/0141 ......................................................... 10 ITEM-3 Boehm Haulage Pty Ltd - Extension to Relevant Period - Preliminary Approval Overriding the Planning Scheme and Material Change of Use - Tourist Facility Lot 5 RP868961 - 324 Foxwell Road, Peeramon - DA/14/0067 .............................. 50 ITEM-4 HJW Scott Pty Ltd - P & E Court Approval - Extension to Relevant Period MCU (Residential Zone Use Rights) & ROL of a Lot (23 Lots in 4 Stages) - Lot 201 SP261214 (Formerly Lot 100 SP179198), Off Eacham Rd, Yungaburra DA/13/0120 .......................................................................................................... 105 ITEM-5 Notice of Motion - Local Plan - Draft TRC Planning Scheme Public Consultation Submissions Report ............................................................................................. 130 ITEM-6 Notice of Motion - Southern Link Road ................................................................. 133 ITEM-7 TRC Draft Planning Scheme - Submission - Southern Link Road CONFIDENTIAL ................................................................................................... 135 Community Services ............................................................................................................... 136 ITEM-8 Community and Regional Planning - Capital Projects Report - September 2014 .. 136 ITEM-9 Glen Allyn Telstra Tower CONFIDENTIAL .......................................................... 153 ITEM-10 Lot 6 SP206188 - J & K Chapman sale of land on Jessop Road, Atherton CONFIDENTIAL ................................................................................................... 154 ORGANISATIONAL SERVICES ................................................................................................ 155 Organisational Development ................................................................................................... 155 ITEM-11 Councillor / Staff Interaction Policy ................................................................. 155 Finance ................................................................................................................................... 161

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ITEM-12 Financial Statements Period Ending 31 August 2014 - circulated in Late Correspondence ................................................................................................... 161 Administration ......................................................................................................................... 166 ITEM-13 Organisational Services - Capital Projects Report September 2014 ............... 166 INFRASTRUCTURE SERVICES ................................................................................................ 174 Construction & Maintenance.................................................................................................... 174 ITEM-14 Infrastructure Services - Capital Projects Report - September 2014 ............... 174 ITEM-15 Public Consultation - Silo Road Upgrade ........................................................ 195 Water & Waste ........................................................................................................................ 202 ITEM-15 Water Sensitive Urban Design Project ............................................................ 202

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

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COMMUNITY & REGIONAL PLANNING REGIONAL PLANNING ITEM-1

NOTICE OF MOTION - H DRENNEN - CHANGE OF DEVELOPMENT APPROVAL - RECONFIGURATION OF A LOT (1 LOT INTO 2) - LOTS 2 AND 3 SP197657 (PREVIOUSLY DESCRIBED AS LOT 368 ON NR544)) - RUSSELL POCKET ROAD, YUNGABURRA - DA/13/0141

DOCUMENT INFORMATION

MEETING:

Ordinary

MEETING DATE:

18 September 2014

REPORT AUTHOR/ OFFICER’S TITLE:

Ian Church, Chief Executive Officer

DEPARTMENT:

Office of the Chief Executive Officer

EXECUTIVE SUMMARY Cr Peter Hodge has given notice of his intention to move that the resolution titled "H Drennen – Change of Development Approval – reconfiguration of a Lot(1 into 2 Lots) – Lot 2 and 3 SP197657 (previously described as Lot 368 on NR544)) – Russell Pocket Road, Yungaburra – DA/13/0141" passed by Council at its Meeting held on 7 August 2014, be amended. OFFICER'S RECOMMENDATION "That the following resolution passed by Council at the Ordinary Meeting held on 7 August 2014 be amended in accordance with Section 262 of the Local Government Act 2012 by amending the resolution to read: “That Item-5, H Drennen – Change of Development Approval – reconfiguration of a Lot(1 into 2 Lots) – Lot 2 and 3 SP197657 (previously described as Lot 368 on NR544)) – Russell Pocket Road, Yungaburra – DA/13/0141, be deferred until the Ordinary Meeting to be held on 18 September 2014 to allow sufficient time for the applicant to present to Council.” ITEM 5

H DRENNEN – CHANGE OF DEVELOPMENT APPROVAL – RECONFIGURATION OF A LOT (1 INTO 2 LOTS) – LOTS 2 AND 3 SP197657 (PREVIOUSLY DESCRIBED AS LOT 368 ON NR544) – RUSSELL POCKET ROAD, YUNGABURRA DA/13/0141

Moved by Cr Pagani

Seconded by Cr Stocker

“That Item-5, H Drennen – Change of Development Approval – reconfiguration of a Lot(1 into 2 Lots) – Lot 2 and 3 SP197657 (previously described as Lot 368 on NR544)) – Russell Pocket Road, Yungaburra – DA/13/0141, be deferred until the Ordinary Meeting to be held on 2 October 2014 to allow sufficient time for the applicant to present to Council.”

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ATTACHMENTS 1.

Letter dated 9 September 2014.

Date Prepared:

10 September 2014

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ITEM-2

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H DRENNEN - CHANGE OF DEVELOPMENT APPROVAL RECONFIGURATION OF A LOT (1 INTO 2 LOTS) - LOTS 2 AND 3 SP197657 (PREVIOUSLY DESCRIBED AS LOT 367 NR544) - RUSSELL POCKET ROAD, BARRINE - DA/13/0141

DOCUMENT INFORMATION

MEETING:

Ordinary

MEETING DATE:

18 September 2014

REPORT AUTHOR/ OFFICER’S TITLE:

Peter Pattison, Senior Planner

DEPARTMENT:

Community and Regional Planning

EXECUTIVE SUMMARY The officer report for this request to change a development approval (as shown in Attachment B) was considered at the ordinary meeting of 7 August 2014. Council resolved at that meeting to defer consideration of this matter until the 2 October ordinary meeting, to allow the applicant to present to council. Officers note that the applicant will provide representations to this 18 September meeting, and that a motion to amend the previous resolution will be considered to allow for a decision on this matter. ATTACHMENT A:

Officer report to Ordinary Meeting of 7 August 2014

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ATTACHMENT A - Officer report to Ordinary Meeting of 7 August 2014 SUBJECT: AGENDA - 18 SEPTEMBER 2014 DOCUMENT INFORMATION

MEETING:

Ordinary

MEETING DATE:

7 August 2014

REPORT AUTHOR/ OFFICER’S TITLE:

Peter Pattison, Senior Planner

DEPARTMENT:

Community and Regional Planning

APPLICANT

APPLICATION Helen Drennen C/- Twine Surveys Pty Ltd PO Box 146 Atherton Qld 4883

DATE REQUEST FOR CHANGE TO DEVELOPMENT APPROVAL LODGED TYPE OF APPROVAL PROPOSED DEVELOPMENT

13 March 2014

FILE NO LODGED BY

DA/13/0141 Twine Surveys Pty Ltd

PLANNING SCHEME PLANNING AREA LEVEL OF ASSESSMENT

ATTACHMENTS:

ADDRESS

RPD

PREMISES Russell Pocket Road, Yungaburra

Lots 2 & 3 on SP197657 previously described as Lot 368 on NR544

Development Permit Reconfiguration of a Lot (1 into 2 lots)

AREA OWNER

49.857 Ha Lots now in new ownership: Lot 2 - I.J. Allen; Lot 3 - H.D. Drennen Atherton Shire Planning Scheme 2002 (amended December 2004) Rural (where not GQAL) Code Assessable

1. 2.

Decision Notice dated 24 February 2006; Applicant’s request to change development approval dated 13 March 2014; 3. Department of State Development Infrastructure & Planning letter dated 7 May 2014 (ECM VS 3556480); Page 11


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further applicant representations Rates search dated 14/8/13

EXECUTIVE SUMMARY The former Atherton Shire Council approved a development application for a 1 into 2 lot subdivision over the subject land at its meeting held on 20 February 2006, subject to conditions. The application was code assessable and was not required to undergo public notification. The approved lots have been created. Prior to that survey plan being released, a $90,000 bond was provided to Council as security for the required roadworks associated with the bitumen sealing of part of the Russell Pocket Road frontage of the site. Another condition of the approval also required provision of a building envelope plan for the larger lot, and this plan was approved by Council officers prior to the release of the survey plan. The purchaser of the newly created Lot 3 SP197657 (Helen Drennen) has now lodged a formal request to change the location of the building envelope plan on the lot. Any such change has flowon implications for the road frontage sealing requirements. The original developer (Peter Williams) was granted operational works approval for the frontage roadworks on 10 July 2014, and those upgrade works have commenced. 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 will not result in a substantially different development and constitute a permissible change under section 367 of SPA. It is recommended that the building envelope condition be amended to allow for the proposed new dwelling location, and that the road frontage construction requirements be amended to take account of the consequences of the amended approved dwelling location.

OFFICER'S RECOMMENDATION It is recommended that: “1.

In relation to the application to change the following development approval:

APPLICANT

DATE REQUEST FOR CHANGE TO DEVELOPMENT APPROVAL LODGED TYPE OF APPROVAL PROPOSED DEVELOPMENT

H Drennen C/- Twine Surveys Pty Ltd PO Box 146 Atherton Qld 4883 13 March 2014

ADDRESS

Russell Pocket Road, Yungaburra

RPD

Lot 368 on NR544 (now Lots 2 & 3 on SP197657)

Development Permit Reconfiguration of a Lot (1 into 2 lots)

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

Condition 4 of Council’s Decision Notice issued on 24 February 2006 be amended as follows: (4)

Building Envelope All buildings and effluent disposal areas within Lot 3 must be located within an approved Building Envelope Area. The building envelope will have maximum dimensions of 50 x 80 m, will not include any existing remnant vegetation and will generally be in accordance with the undated Site Analysis Plan, Proposed Building Envelope Plan and Proposed Site Plan prepared by Modscape, to the satisfaction of Council's delegated officer. Prior to the lodgement of any development permit for building work for Lot 3: - a to-scale amended Building Envelope Plan must be provided to Council which complies with these requirement to the satisfaction of Council's delegated officer: and - the approved building envelope area must be defined by survey markers set at 50 metre intervals, to the satisfaction of Council's delegated officer.

(B)

Condition 5 of Council’s Decision Notice issued on 24 February 2006 be amended as follows: (5)

Road Construction (a)

The Applicant must provide a 4.25 metre wide two coat hot bitumen seal on Russell Pocket Road for the full frontage of Lot 2 and extending 20 metres past the previously approved building footprint on Lot 3, in accordance with the Atherton Shire Planning Scheme Policy No. 1 – Road Construction Standards, to the satisfaction of Council’s delegated officer.

OR

The Applicant must provide a 4.25 metre wide two coat hot bitumen seal on Russell Pocket Road for the full frontage of Lot 2 and pay a cash contribution to Council to the value of the required construction of the frontage for proposed Lot 3. That payment will be based on a formal quote for the works from a recognized civil contractor and will be calculated on a proportional lineal payment rate. Council will ensure that those funds are used to upgrade some part of the Russell Pocket Road frontage of Lot 3 on SP197657 to the required standard. (b)

Prior to the lodgement of any development permit for building work for Lot 3, the registered owner of Lot 3 on SP197657 must provide a 4.25 metre wide two coat hot bitumen seal on Russell Pocket Road from the western Page 13


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end of the existing bitumen formation (adjacent to the northeast corner of Lot 3 on SP197657) southwards to the recently constructed Lot 3 access (approximately 220 m), in accordance with FNQROC Development Manual standards (as amended) for the applicable planning scheme area and Atherton Shire Planning Scheme Policy 1 – Road Construction Standards to the satisfaction of Council’s delegated officer. (C)

Condition 7 of Council’s Decision Notice issued on 24 February 2006 be amended as follows: (7)

Access A standard access crossover complying with the FNQROC Development Manual standard drawing S1105 must be constructed for both lots.

(D)

The following advice clause be added to the Assessment Manager's Advice statements in the approval: The assessment manager advises that the requirements of Conditions 2, 3, 6, 8(b), 19 and 20 have been satisfied for the purposes of this approval.

2.

A Notice of Decision on Request to Change a Development Approval be issued to the Applicant and the Department of State Development Infrastructure and Planning, State Assessment and Referral Agency (SARA) via email CairnsSARA@dsdip.gov.au (reference: SPD-0414-006293) advising of Council’s decision”.

THE SITE The site is now subdivided into 2 separate titles. It contains a total area of approximately 49.8 hectares. There is an existing dwelling and associated outbuildings situated in the south-western corner of the newly created Lot 2 which has a water pipeline easement in the northern portion of the lot into Lot 3 benefiting Lot 2. Lot 3 is heavily vegetated. An unnamed watercourse traverses the site. Since purchasing the larger lot from the original developer, the applicant has constructed a driveway in a location that conflicts with the conditioned requirements of the existing approval, and which runs through remnant vegetation. Surrounding land uses predominately comprise residential dwellings on large rural allotments.

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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.

EXISTING APPROVALS & REQUEST TO CHANGE The subject 1 into 2 lot approval was decided in 2006. It has been acted upon and the survey plan was released in December 2006, subject to a bond of $90,000 being retained for the required roadworks construction of a 4.25m wide two coat hot bitumen seal along the Russell Pocket Road frontage of Lot 2 extending 20m past the approved building footprint for Lot 3 (as depicted in red below). The original developer (Peter Williams) recently lodged an application for the required operational works for bitumen sealing of the site frontage, as required by the original subdivision approval. A development permit was issued by Council on 10 July 2014, and those upgrade works have been commenced. Page 15


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Figure 1

A 2nd 1 into 4 approval (IPA07-24) for the subject site has had its relevant period extended to 25 November 2014 but has not yet been acted upon. The approval includes a condition requiring frontage sealing works for the balance of the Russell Pocket Road frontage of the site (depicted in red below). Figure 2

The new landowner of Lot 3 (Helen Drennen) wishes to build a dwelling in the cleared north-west corner of the lot as depicted on the plan/s below and not in the approved building envelope plan as shown in Figure 1.

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She has advised Council planning officers she was not made aware of the existence of the approved building envelope location in the southern area of the site at the time she purchased the land, and the effect this would have on her ability to locate a dwelling in her preferred location. Ms Drennen engaged a private civil construction contractor who subsequently constructed a new access at the location shown in the plan/s above. ASSESSMENT AND DECISION REQUIREMENTS Owners consent In accordance with section 371 of SPA the owner of the land to which the development approval attaches must be submitted with the application. The new landowner (Helen Drennen) has submitted owners consent. 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.

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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. 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 applicant has provided details of the request to change the development approval through written communications (Attachment 2). 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 largely the same planning instruments as was the original development application. Where additional planning instruments have come into effect, or are due to come into effect, and are of relevance to the Applicant's request, the instruments are discussed below. Far North Queensland Regional Plan 2009-2031 The subject land is included in the Regional Landscape and Rural Production Area under the Regional Plan. The request to change does not involve changes to the boundaries of the lots or the creation of new lots and does not conflict with any other relevant provisions of the Regional Plan. Atherton Shire Planning Scheme 2002 The request to change does not involve changes to the boundaries of the lots or the creation of new lots and does not conflict with any other relevant provisions of the planning scheme.

if submissions were made about the original application – the submissions The original development application was Code Assessable and therefore was not subject to public notification. Page 19


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•

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any notice about the request given under section 373 (notices from Concurrence Agencies) to the entity The original application triggered referral to the Department of Natural Resources & Mines for assessment of matters related to vegetation clearing. On 1 July 2013, the State Assessment and Referral Agency (SARA) commenced. Under these changes, the Department of State Development, Infrastructure and Planning is the assessment manager or referral agency for all relevant development applications and has become the single lodgement and assessment point where the State has a jurisdiction under SPA. The Department of State Development Infrastructure & Planning advised in a letter dated 7 May 2014 that they have no objection to the proposed change (Attachment 3), including the constructed driveway location.

•

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

REQUEST TO CHANGE THE DEVELOPMENT APPROVAL Condition 4 - Building Envelope (4)

Building Envelope All buildings and effluent disposal areas within proposed Lot 3 must be located within the approved Building Envelope Area (Plan 05/5333(A-1) 15/6/2005). Prior to the signing and dating of the plan of survey the approved building envelope area must be defined by survey markers set at 50 metre intervals, to the satisfaction of the Manager Engineering Services.

Request by Applicant Extract of letter dated 13 March 2014 (attachment 2)

See further late representations in Attachment 4. Page 20


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Response Whilst Council planning officers have no objection to the proposed location of the new building envelope area, the current approval also requires a continuous bitumen seal from the western extent of the development to the eventual access point for the Drennen lot. The newly constructed access for Lot 3 (as installed by Ms Drennen) is not located within the section of road frontage that is required to be upgraded to a bitumen seal standard. It instead connects onto a section of Russell Pocket Road that is only constructed to a gravel construction standard. Council planning officers therefore also recommend that the Road Construction condition of the development approval be amended as follows: (5)

Road Construction

The Applicant must provide a 4.25 metre wide two coat hot bitumen seal on Russell Pocket Road for the full frontage of proposed Lot 2 and extending 20 metres past the building footprint on proposed Lot 3, in accordance with the Atherton Shire Planning Scheme Policy No. 1 – Road Construction Standards, to the satisfaction of Council’s delegated officer. (a) The Applicant must provide a 4.25 metre wide two coat hot bitumen seal on Russell Pocket Road for the full frontage of Lot 2 and extending 20 metres past the previously approved building footprint on Lot 3, in accordance with the Atherton Shire Planning Scheme Policy No. 1 – Road Construction Standards, to the satisfaction of Council’s delegated officer. OR The Applicant must provide a 4.25 metre wide two coat hot bitumen seal on Russell Pocket Road for the full frontage of proposed Lot 2 and pay a cash contribution to Council to the value of the required construction of the frontage for proposed Lot 3. That payment will be based on a formal quote for the works from a recognized civil contractor and will be calculated on a proportional lineal payment rate. Council will ensure that those funds are used to upgrade some part of the Russell Pocket Road frontage of Lot 3 on SP197657 to the required standard. (b) Prior to the lodgement of any development permit for building work for Lot 3, the registered owner of Lot 3 on SP197657 must provide a 4.25 metre wide two coat hot bitumen seal on Russell Pocket Road from the western end of the existing bitumen formation (adjacent to the northeast corner of Lot 3 on SP197657) southwards to the recently constructed Lot 3 access (approximately 220 m south), in accordance with FNQROC Development Manual standards (as amended) for the applicable planning scheme area and Atherton Shire Planning Scheme Policy 1 – Road Construction Standards to the satisfaction of Council’s delegated officer.

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FURTHER LATE APPLICANT REPRESENTATIONS Further applicant representations and proposed changes to the approval were received just prior to close of agenda (see Attachment 4) and have therefore been included in this report with some brief comment. Some of the requested changes are for removal of conditions on the basis that they have already been satisfied. While this is indeed the case, the removal of those conditions is not recommended because some of those requests are unlikely to satisfy the permissible change provisions, because they would affect the logical structure of the approval, because retention of some of the conditions is required to support the associated operational works approval, and because some of the requested changes are not warranted. It is instead recommended that an Advisory Note be added to the approval in relation to the relevant conditions. The representations do not support the recommended changes to Condition 5 (Road Construction). They argue that the purchaser of Lot 3 was not aware of the building envelope requirements, and that the existence of that requirement was not reflected in Rate Search conducted prior to purchase. Investigations into the that rates notation issue have established that, while the relevant building envelope information is within the rates file, the system changes undertaken during amalgamation resulted in some of the old property memos not being available to rates searches. Notwithstanding that: -

the rates search contains the following note about planning information. •

-

PLANNING AND DEVELOPMENT: Planning information can be provided by requesting Planning and Development Certificates. Please contact Council for further information.

a prudent purchaser or conveyancing agent would obtain that information.

Date Prepared:

30 July 2014

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ATTACHMENT 1 DECISION NOTICE DATED 24 FEBRUARY 2006 (DWS VS 3448660)

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ATTACHMENT 2 APPLICANT'S REQUEST FOR CHANGE TO DEVELOPMENT APPROVAL

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ATTACHMENT 3 CONCURRENCE AGENCY RESPONSE (DWS VS 3556480)

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ATTACHMENT 4 Comments by Roger Twine - 29.7.2014 (1)

Proposal Plan Development of the site is to be substantially in accordance with the plan prepared by Twine Surveys Pty Ltd (No 05/5333[A-1]) submitted with the application, subject to any alterations: (a) found necessary by the Chief Executive Officer at the time of examination of the engineering plans or during construction of the development because of particular engineering requirements; and (b) to ensure compliance with the following conditions of approval. It is requested that this condition be noted by TRC that the condition has been finalized, accepted and no further action is required for the alteration of the location of the Building Envelope

(2)

The conditions of the development permit must be complied with prior to the signing and dating of the plan of survey, except where specified otherwise in these conditions of approval. It is requested that this condition be noted by TRC that the condition has been finalized, accepted and no further action is required for the alteration of the location of the Building Envelope

(3)

All contributions and charges are to be paid at the rate applicable at the date of signing and dating the plan of survey by Council. It is requested that this condition be noted by TRC that the condition has been finalized, accepted and no further action is required for the alteration of the location of the Building Envelope

(4)

Building Envelope All buildings and effluent disposal areas within proposed Lot 3 must be located within the approved Building Envelope Area (Plan 05/5333(A-1) 15/6/2005). Prior to the signing and dating of the plan of survey the approved building envelope area must be defined by survey markers set at 50 metre intervals, to the satisfaction of the Manager Engineering Services. All buildings and effluent disposal areas within proposed Lot 3 must be located within an approved Building Envelope Area. The building envelope will have maximum dimensions of 50 x 80 m, will not include any existing remnant vegetation and will generally be in accordance with the undated Site Analysis Plan, Proposed Building Envelope Plan and Proposed Site Plan prepared by Modscape to the satisfaction of Council's delegated officer. Prior to the signing and dating of the plan of survey the approved building envelope area must be defined by survey markers set at 50 metre intervals, to the satisfaction of Council's delegated officer.

It is requested that this condition be noted by TRC that the condition has been finalized, accepted and no further action is required for the alteration of the location of the Building Envelope Prior to the lodgment of any development permit for building work for proposed Lot 3, a to-scale amended Building Envelope Plan must be provided to Council which complies with these requirement to the satisfaction of Council's delegated officer. (5)

Road Construction

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The Applicant must provide a 4.25 metre wide two coat hot bitumen seal on Russell Pocket Road for the full frontage of proposed Lot 2 and extending 20 metres past the building footprint on proposed Lot 3, in accordance with the Atherton Shire Planning Scheme Policy No. 1 – Road Construction Standards, to the satisfaction of Council’s delegated officer. (a) The Applicant must provide a 4.25 metre wide two coat hot bitumen seal on Russell Pocket Road for the full frontage of proposed Lot 2 and extending 20 metres past the previously approved building footprint on proposed Lot 3, in accordance with the Atherton Shire Planning Scheme Policy No. 1 – Road Construction Standards, to the satisfaction of Council’s delegated officer. TRC holds a bond for the above works if the original applicant for the development does not proceed with the construction of the road works. Additionally Council has recently approved an Operational Works Permit to allow the road works to be constructed OR The Applicant must provide a 4.25 metre wide two coat hot bitumen seal on Russell Pocket Road for the full frontage of proposed Lot 2 and pay a cash contribution to Council to the value of the required construction of the frontage for proposed Lot 3. That payment will be based on a formal quote for the works from a recognized civil contractor and will be calculated on a proportional lineal payment rate. Council will ensure that those funds are used to upgrade some part of the Russell Pocket Road frontage of Lot 3 on SP197657 to the required standard. Any variation to the originally conditioned road works is negotiable between the original applicant and TRC.

(c) Prior to the lodgment of any development permit for building work for proposed Lot 3, the registered owner of Lot 3 on SP197657 must provide a 4.25 metre wide two coat hot bitumen seal on Russell Pocket Road from the western end of the existing bitumen formation (adjacent to the northeast corner of Lot 3 on SP197657) southwards to the recently constructed Lot 3 access (approximately 220 m), in accordance with FNQROC Development Manual standards (as amended) for the applicable planning scheme area and Atherton Shire Planning Scheme Policy 1 – Road Construction Standards to the satisfaction of Council’s delegated officer. This additional road works is unacceptable to the owner of Lot 3. On 14.8.2013 a Property Rate Search Number Cer/13/0606 was provided by Tablelands Regional Council for the site being Lot 3 on SP197657. A copy is attached for your information. This Rate Search indicated to the purchaser that some outstanding rates were applicable and that ‘There are no water meters connected to this property’. There were no comments noted in the General Information. The Atherton Shire Council Decision Notice For Development Application dated 24 February 2006 notes that ‘A notation will be placed on Council’s Rate Record for proposed lot 3 reflecting conditions 9 and 4’. Condition (9) of the Decision Notice is Water Supply and Condition (4) is Building Envelope. Property Rate Searches for other sites within the Tableland Regional Council provide similar comments regarding the water meter connection. However other notations regarding conditions of development by Council are detailed in the General Information. Given the particular circumstances to this property where there is an omission of the reference to the Building Envelope in the Rate Notice and the prospective purchaser was not aware of any Page 44


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additional costs that may have been applicable to the property to relocate the Building Enveloped, it is considered unreasonable to condition any further upgrading of the road frontage to Lot 3. It is requested by the owner that this condition be deleted. (6)

Roadwork’s External Contribution A contribution must be paid to Council for external road upgrading in accordance with the Atherton Shire Planning Scheme Policy No 2: Roadworks External to a Site – Contributions. It is requested that this condition be noted by TRC that the condition has been finalized, accepted and no further action is required for the alteration of the location of the Building Envelope

(7)

Access A standard access crossover complying with the FNQROC Development Manual standard drawing S1105 must be constructed. A standard access crossover complying with the FNQROC Development Manual standard drawing S1105 must be constructed for both lots. It is requested that this condition be amended to reflect the need for the access crossover be constructed to Lot 3 only. The owner of Lot 3 has no obligation or rights to construct an access to another property.

(8)

On-site Effluent Disposal (a)

The applicant must provide a site and soil evaluation report, prepared by a suitably qualified Registered Professional Engineer Queensland (RPEQ) demonstrating the ability of proposed lot 3 to accommodate on-site effluent disposal, to the satisfaction of the Manager Engineering Services. The effluent disposal area must be contained within the designed building envelope area.

(b)

The existing on-site effluent disposal system on proposed Lot 2 must be evaluated by a suitably qualified Registered Professional Engineer Queensland (RPEQ) and a report lodged with Council outlining compliance with the On-Site Domestic-Wastewater Management Standard (AS/NZS1547:2000). This condition is not relevant to Lot 3 nor has the owner the right to instruct a suitably qualified person to enter adjoining properties to carry out an evaluation on an existing disposal system. It is requested that this condition (b) be noted as being finalized, accepted and no further action is required for the alteration of the location of the Building Envelope

(9)

Water Supply Prior to the issue of the certificate of final building inspection for a dwelling house a rainwater tank with a minimum capacity of 90,000 litres for domestic water supply must be installed on proposed lot 3. The rainwater tank construction, installation, maintenance and operation is required to be in accordance with the ‘Guidance on Use of Rainwater Tanks’, EnHealth Council, Australian Government Department of Health and Ageing, 2004.

(10)

Electricity Reticulation

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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. It is requested that this condition be noted by TRC that the condition has been finalized, accepted and no further action is required for the alteration of the location of the Building Envelope (11)

Telecommunications The applicant must arrange the provision of any conduits and enveloping pipes necessary for Telecommunication Service Provider servicing of the allotments. Written advice from a Telecommunication Service Provider must be provided to Council indicating a Telecommunication Service Provider has received a copy of the proposal plan and what its requirements are in relation thereto. It is requested that this condition be noted by TRC that the condition has been finalized, accepted and no further action is required for the alteration of the location of the Building Envelope

(12)

Stormwater Drainage The design and construction of stormwater drainage for the proposed subdivision is to be in accordance with the requirements of the Queensland Urban Drainage Manual (QUDM) 1992 and the FNQROC Development Manual. A Stormwater Drainage Plan satisfying these requirements must be lodged with Council and is to be to the satisfaction of the Manager Engineering Services.

(13)

Water Quality Management An Erosion and Sediment Control Implementation and Management Plan prepared by a suitably qualified person or Registered Professional Engineer Queensland (RPEQ) must be submitted to Council. The plan is to comply with the “Soil Erosion and Sedimentation Control Guidelines” (Institute of Engineers Australia 1996) and the Queensland Urban Drainage Manual 1992, to the satisfaction of the Manager Engineering Services.

(14)

Dust Dust suppression measures must be undertaken to ensure that dust does not cause a nuisance to surrounding areas and residents. Details of such measures must be submitted to the Manager Environmental Services for approval before commencement of work.

(15)

Transportation of Soil All soil transported to or from the site must be covered to prevent dust or spillage during transport. If soil is tracked or spilt onto the road pavement from works on the subject land, it must be removed no later than at the end of each working day. Sediment must not enter Council’s stormwater drainage network.

(16)

Nomination of Principal Contractor Construction must not commence on any works that will ultimately revert to Council until Council has been advised of the name of the responsible Contractor, and the Contractor has received a Notice of Appointment of Principal Contractor under the provisions of the Workplace, Health and Safety Act. Engineering drawings for works that will ultimately revert to Council will not be approved and released until Council has signed a Notice of Appointment of Principal Contractor. Page 46


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It is the applicant’s responsibility to notify Council should the Principal Contractor change during the course of the project. (17)

Maintenance Period The maintenance period for all works must be 12 months from date of acceptance by the Manager Engineering Services of work completed. A maintenance bond of 5% of the contract value of the subdivisional works must be lodged with Council during the maintenance period, as a guarantee for the satisfactory completion of maintenance works. The bond will be returned on satisfactory correction of any defective work and after expiration of the maintenance period. Alternatively, Council will call up the Bond and carry out any repair work.

(18)

Engineering Drawings – “As Constructed” Details Certified “As Constructed” drawings must be provided for subdivision works and submitted to Council in both hard copy and electronic media form suitable for inputting to Council’s Geographic Information System.

(19)

Permanent Survey Marks Two permanent survey marks must be installed and connected to Real Property Control. Permanent survey marks must also be connected to two, Council established, AMG co-ordinated permanent survey marks, as directed by the Manager Engineering Services. It is requested that this condition be noted by TRC that the condition has been finalized, accepted and no further action is required for the alteration of the location of the Building Envelope

(20)

Rates Any outstanding rates and charges on the land must be paid. It is requested that this condition be amended to reflect Lot 3 only

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ATTACHMENT 5

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ITEM-3

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BOEHM HAULAGE PTY LTD - EXTENSION TO RELEVANT PERIOD - PRELIMINARY APPROVAL OVERRIDING THE PLANNING SCHEME AND MATERIAL CHANGE OF USE TOURIST FACILITY - LOT 5 RP868961 - 324 FOXWELL ROAD, PEERAMON - DA/14/0067

DOCUMENT INFORMATION

MEETING:

Ordinary

MEETING DATE:

18 September 2014

REPORT AUTHOR/ OFFICER’S TITLE:

DEPARTMENT:

APPLICANT

Debbie Whitaker (Technical Officer Planning) & Peter Pattison (Senior Planner) Community and Regional Planning

APPLICATION Boehm Haulage Pty Ltd C/- Peter Robinson Projex Partners Pty Ltd PO Box 2133 Cairns Qld 4870 14 August 2014

DATE REQUEST FOR EXTENSION OF RELEVANT PERIOD LODGED APPROVED DEVELOPMENT

ADDRESS

RPD

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PREMISES 324 Foxwell Road, Peeramon

Lot 5 on RP868961


TRC Tablelands Regional Council - Agenda

FILE NO LODGED BY

DA/14/0067 Projex Partners Pty Ltd

PLANNING SCHEME ZONE: LEVEL OF ASSESSMENT SUBMISSIONS

Rural Zone Impact Assessable

ATTACHMENTS:

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AREA OWNER

23.119 Ha Boehm Haulage Pty Ltd Eacham Shire Planning Scheme 2006 (as amended V2 2010)

3 properly made submitters to the original application

1. 2. 3.

Court Order dated 21 September 2012 Applicant’s request to extend relevant period dated 13 August 2014 Concurrence Agency response dated 5 September 2014

EXECUTIVE SUMMARY The application was initially for a Material Change of Use for preliminary use rights for a Tourist Facility Use, a development permit for the tourist facility use and a 10 lot Group Title reconfiguration. Council approved the tourist facility use only, (but did not approve the Group Title reconfiguration), at it’s meeting held on 17 August 2011, subject to conditions. The applicant subsequently made a request for a Negotiated Decision Notice and whilst some conditions were amended, Council maintained the "in part" approval at its meeting held on 16 November 2011. The applicant subsequently appealed the decision in the Planning and Environment Court, and this appeal was settled by agreement in a September 2012 Court Judgment. That judgement specified a 2 year relevant period for the approval. No further associated approvals or construction has occurred since that approval was given. The application was impact assessable and 3 properly made submissions were received in response to public notification of the application. The current applicant, Boehm Haulage Pty Ltd, is the new landowner of the site and Projex Partners Pty Ltd has now lodged an application on their behalf to extend the relevant period for a further 4 years from 21 September 2014 to 21 September 2018. Pursuant to Council’s “Policy for the Assessment of Extensions to Relevant Period for Development Approvals” adopted 6 February 2014, it is recommended the application be approved for a 2 year extension of time only from 21 September 2014 to 21 September 2016.

OFFICER'S RECOMMENDATION “1.

It is recommended that, in relation to the application to extend the relevant period for the following development approval:

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APPLICANT

APPLICATION Boehm Haulage Pty Ltd C/- Peter Robinson Projex Partners Pty Ltd PO Box 2133 Cairns Qld 4870 14 August 2014

DATE REQUEST FOR EXTENSION OF RELEVANT PERIOD LODGED APPROVED DEVELOPMENT

Thursday 18 September 2014

ADDRESS

RPD

PREMISES 324 Foxwell Road, Peeramon

Lot 5 on RP868961

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

The relevant period be extended for two (2) years from 21 September 2014 to 21 September 2016.

A Notice of Council’s decision be issued to the applicant and the Department of State Development Infrastructure and Planning, State Assessment and Referral Agency (SARA) via email CairnsSARA@dsdip.gov.au (reference: SDA-0814-010375) advising of Council’s decision”.

COUNCIL POLICY FOR THE ASSESSMENT OF EXTENSIONS TO RELEVANT PERIOD FOR DEVELOPMENT APPROVALS At its meeting on 6 February 2014, Council adopted a policy to provide guidance in making decisions regarding certain Requests for Extension to Relevant Periods for approvals, to ensure that: a. Development proceeds in an appropriate manner, and subject to current planning and infrastructure policies and requirements; and b.

Council’s Infrastructure Projects are not detrimentally affected by lower charges being collected where Extensions to Relevant Period are granted.

The applicant’s request to extend the relevant period has been assessed against this policy below: Page 52


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Comment 4.1 Concurrence Agencies for the original approval can provide comment for Council's consideration in making a decision regarding a Request to Extend a Relevant Period. Council should pay regard to these comments, noting, however, that these Agencies cannot direct Council to approve or refuse a Request.

The relevant concurrence agency has responded and advised there is no objection to the proposed request for extension of the relevant period.

4.2 It may be appropriate for Council to approve a Request for Extension to Relevant Period only if amendment is made to: a. The layout for the development, to accommodate more appropriate and current standards and requirements; and / or

b. Conditions related to infrastructure charges applicable to the development, to accommodate more current infrastructure charging policies and / or rates; and / or

c. Other conditions of the original Development Approval, to incorporate more appropriate and / or current planning scheme or policy requirements.

n/a to this request

The approval is subject to fixed external road infrastructure charges, which will become less adequate and appropriate over time. A 2 year extension will allow Council to revisit the associated infrastructure charges not long after the new infrastructure charging framework is adopted, and to revise those charges (if necessary).

A 2 year extension will allow Council to revisit the associated approval not long after adoption of the TRC Planning Scheme, and to revise that approval (if necessary), in that context.

In these circumstances, Council may request the Applicant lodge a Request to Change the Development Approval prior to issuing any approval for the Request to Extend the Relevant Period. If the Applicant refuses to lodge a Request to Change the Development Approval, Council may refuse the Request to Extend the Relevant Period.

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4.3 In approving Requests for Extension to Currency Period, Council will, subject to considerations required under the Sustainable Planning Act 2009: a. grant a two (2) year extensions to the relevant period for development approvals where development has not commenced.

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A two year extension is recommended, despite the applicant requesting 4 years, because none of the required further applications or approvals have been lodged and obtained, and no construction has commenced.

b. grant 4 year extensions to the relevant period where operational or building work has been approved and construction of approval has the development commenced.

THE SITE This irregularly shaped 23 ha site is about 3km from the village of Peeramon and 4 km from the township of Malanda. The surrounding area is generally rural, but there is a mix of land uses including grazing, dairying, small crop farming, hobby farming, and, rural and rural residential living. It is accessed via the narrow, but sealed local road network, and the unsealed Foxwell Road. The site has a 500 m road frontage to that road. Located within the Barron River catchment, it is part of a broad bowl that contains the headwaters of Kenney Creek. The site has a 500 metre long riparian frontage to that creek and the creek valley also contains extensive wetland/sedge vegetation communities. It is mostly cleared, except for some remnant riparian vegetation along Kenney Creek, however the regional plan mapping designates the lower areas of the site as Wetland Area of High Ecological Significance. These sedgelands are subject to seasonal inundation. The topography of the site is regular and gradients are generally less than 1:6, and the lower areas, such as the sedgelands, are so flat they become seasonal swamps. A series of artificial lakes have been excavated out of the sedgeland areas. There is a separate battle-axe rural title under different ownership contained within the subject title (a ‘donut’ arrangement) and this title is connected to Foxwell Road by a narrow access strip. This triangular lot has an existing dwelling on it and has previously had a flower farm and a calf rearing operation on it. To the east, the site is adjoined by three 4 ha rural living lots and a rural residential lot. There are two existing buildings on the site that are used for residential, B & B and restaurant purposes and the area between these buildings and Foxwell Road has been partly developed as a small golf course.

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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 A relocated dwelling was erected on the site in about 1998, and soon after approval was obtained for a refreshment service as well as bed and breakfast rooms. The facilities have operated continuously since that as a B & B and restaurant collectively trading under the name of Foxwell Park, although not of recent times during the sale of the property. The original application was lodged under the Integrated Planning Act 1997 on 24 April 2008 sought 3 components for approval: Page 55


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1.

Preliminary Approval overriding the Planning Scheme to establish use rights for a Tourist Facility Use (Function centre, Tourist Accommodation, Day-Spa & Golf Course), including a change the assessment levels applicable to development on the site and to provide for a site specific development code.

2.

A Development Permit for a Material Change of Use to facilitate the proposed Tourist Facility Use (Function centre, Tourist Accommodation, Day-Spa & Golf Course); and

3.

Preliminary Approval overriding the planning scheme for Reconfiguring a Lot for the purposes of a 10 lot Group Title subdivision. (structured to override the scheme because it proposes to change the assessment levels applicable to development on the site and to provide for a site specific development code.)

Council, at its meeting on 17 August 2011, approved the application in part only, and refused that part of the application seeking a group title reconfiguation approval for ten self-contained Tourist Accommodation Lodges. The applicant made representations about that decision, which were considered at Council's meeting on 16 November 2011. Three conditions relating to the length of stay, fencing and the covenant area were amended by that negotiated decision notice. The applicant subsequently appealed Council's decision to the Planning and Environment Court on 9 December 2011. Following negotiations with the applicant during the Appeal process, the parties agreed to settle the appeal on the basis that the previously refused 10 x self contained Tourist Accommodation Lodges were approved, but not the associated GroupTitle reconfiguration proposal. This was formally approved by the Court on 21 September 2012. The existing approval therefore comprises 2 components: 1.

Preliminary Approval overriding the planning scheme pursuant to Section 3.1.6 of the Integrated Planning Act for a Material Change of Use to provide for development rights in accordance with the Foxwell Park Development Area Provisions (as attached) and substantially in accordance with the approved plans of development (subject to any required changes).

2.

Development Permit for a Material Change of Use -Tourist Facility (Function Centre maximum seating capacity 100 persons & 300m2 Gross Floor Area), Short – Term Accommodation [maximum of 16 short-stay, non self-contained, attached studio units and ancillary day-spa and 10 Accommodation Lodges] and Outdoor Sport and Recreation (Golf Course).

The relevant period agreed to by the parties as part of this approval is as follows: •

Preliminary Approval for a Material Change of Use (IPA s3.1.6) – two (2) years (starting the day the approval takes effect);

Development Permit for a Material Change of Use – two (2) years (starting the day the approval takes effect);

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Request to Extend the Relevant Period The original applicant (Rainforest Resorts Pty Ltd) has subsequently sold the site to Boehm Haulage Pty Ltd, who (through their consultant Projex Partners) has now requested a four (4) year extension to the approval citing the following reasons: •

The new landowner is still assessing the approval and liaising with architects on how to proceed; The extensive works required to fulfil the approval; The likely benefits to the community and Tablelands Regional Council economy; and The prolonged depressed economic climate.

• • •

Comment The property was sold to the current owner in August 2014. A two year extension would be in accordance with the Policy for Assessment of Extensions to Relevant Periods and is considered to be more than sufficient time for the new owner to obtain the necessary approvals and commence the development.

ASSESSMENT AND DECISION REQUIREMENTS Owners consent In accordance with section 383 of SPA the new owners consent was submitted with the application. Assessment rules Section 388 of SPA requires that Council must have regard to: •

the consistency of the approval, including its conditions, with the current laws and policies applying to the development, including, for example, the amount and type of infrastructure contributions, or charges payable under chapter 8, part 1. If a new application was lodged for this proposal, it would have to be assessed against the following planning instruments: Applicable Planning Instruments •

The application was assessed and approved under the Eacham Shire Planning Scheme 2006 (as amended V2 2010). This Planning Scheme remains in place.

Far North Queensland Regional Plan 2009-2031 The original application was lodged prior to the commencement of both the draft and current FNQ 2031 Regional Plan, however Council gave weight to the Regional Plan when deciding the application. The application was assessed as conflicting with the rural subdivision outcomes of the Regional Plan, but could substantially comply with other relevant provisions provided reasonable and relevant conditions are applied in relation to buffering and setbacks.

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Proposed TRC Planning Scheme The draft planning scheme places the subject land into the Rural zone (GQAL Precinct). To that extent the subject development approval is likely to be inconsistent with the final, adopted TRC planning scheme.

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

Assessment Criteria

State interest: Biodiversity A development application where the land relates to a matter of state environmental significance, if the application is for: (a) (b) (c)

operational work, or a material change of use other than for a dwelling house, or reconfiguring a lot that results in more than six lots or lots less than five hectares.

(1) identifies any potential significant adverse environmental impacts on matters of state environmental significance, and (2) manages the significant adverse environmental impacts on matters of state environment significance by, in order of priority: (a) avoiding significant adverse environmental impacts, and (b) mitigating significant adverse environmental impacts where these cannot be avoided, and (c) where applicable, offsetting any residual adverse impacts.

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Comment The development would trigger assessment against the criteria as it involves an MCU other than for a dwelling house. The existing conditions of approval include requirements for: • Stormwater Management Plan • Restriction of domestic pets • Landscaping Plan • Earthworks Plan Vegetated buffering


TRC Tablelands Regional Council - Agenda

State Interest State interest: Water Quality Receiving waters—a development application for any of the following: (1) a material change of use for urban purposes that involves a land area greater than 2500 square metres that: (a) will result in an impervious area greater than 25 per cent of the net developable area, or (b) will result in six or more dwellings, or (2) reconfiguring a lot for urban purposes that involves a land area greater than 2500 square metres and will result in six or more lots, or (3) operational works for urban purposes that involve disturbing more than 2500 square metres of land.

Thursday 18 September 2014

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

Comment The development would trigger assessment against the criteria as it involves an MCU which involves land greater than 2500m2.

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

The existing conditions of approval include, in additional to an operational works application, requirements for: • Stormwater Management Plan Earthworks Plan

Water supply catchment in South East Queensland — Not applicable to TRC local Government Area Acid sulfate soils— — Not applicable to TRC local Government Area

Applicable Infrastructure Charges The existing Development Approval (Court Order) was subject to the following fixed External Roadworks contributions. 9

CONTRIBUTIONS/HEADWORKS 9.1

External Roadworks Contribution The developer must pay a contribution of $ 10,000 for external roadworks upgrading to Council in accordance with Planning Scheme Policy No 8 for the widening of the bitumen formation of Ball Road through to Peeramon Road prior to commencement of any of the uses.

Because this contribution is a fixed amount, it will become less adequate appropriate over time. A 2 year extension will allow Council to revisit the associated infrastructure charges, and to adjust those charges (if required). •

the community’s awareness of the development approval The original development application was Impact Assessable and subject to public notification. Three (3) submissions were submitted from submitters in the general area of the development (2 adjoining) who are still current landowners. It is considered that the community are generally aware of the approved development.

whether, if the request were refused –

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(i) (ii)

Thursday 18 September 2014

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

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

the views of any concurrence agency for the approval given under section 385. The original application triggered referral to the Environmental Protection Agency (ERA 63 Threshold Sewerage Treament). On 1 July 2013, the State Assessment and Referral Agency (SARA) commenced. Under these changes, the Department of State Development, Infrastructure and Planning is the assessment manager or referral agency for all relevant development applications and has become the single lodgement and assessment point where the State has a jurisdiction under SPA. The Department of State Development Infrastructure & Planning advised in a letter dated 5 September 2014 that they have no objection to the proposed extension to the relevant period (Attachment 3).

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ATTACHMENT 1 PLANNING & ENVIRONMENT COURT JUDGMENT No. 233 of 2011

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ATTACHMENT 2 Applicant Request to Extend Relevant Period

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ATTACHMENT 3 Concurrence Agency Response

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ITEM-4

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HJW SCOTT PTY LTD - P & E COURT APPROVAL EXTENSION TO RELEVANT PERIOD - MCU (RESIDENTIAL ZONE USE RIGHTS) & ROL OF A LOT (23 LOTS IN 4 STAGES) - LOT 201 SP261214 (FORMERLY LOT 100 SP179198), OFF EACHAM RD, YUNGABURRA - DA/13/0120

DOCUMENT INFORMATION

MEETING:

Ordinary

MEETING DATE:

18 September 2014

REPORT AUTHOR/ OFFICER’S TITLE:

Debbie Whitaker, Technical Officer Planning

DEPARTMENT:

Community and Regional Planning

APPLICATION PREMISES ADDRESS HJW Scott Pty Ltd Eacham Road, C/- Twine Surveys Pty Ltd Yungaburra DATE REQUEST RPD 21 August 2014 Lot 201 on SP261214 FOR EXTENSION (formerly Lot 100 on OF RELEVANT SP179198) PERIOD LODGED TYPE OF Development Permit APPROVAL PROPOSED 1) Material Change of Use for use rights consistent with those in the DEVELOPMENT Residential Zone 2) Reconfiguration of a Lot into 23 residential lots in 4 stages + balance lot APPLICANT

FILE NO LODGED BY PLANNING SCHEME ZONE: LEVEL OF ASSESSMENT SUBMISSIONS

ATTACHMENTS:

AREA DA/13/0120 11.39 Ha OWNER Twine Surveys Pty Ltd HJW Scott Pty Ltd Eacham Shire Planning Scheme 2006 (as amended V2 2010) Urban Expansion Area (with approved residential zone use rights) Impact Assessable One (1) properly made submission

1. 2. 3.

Planning & Environment Court Order dated 27 August 2008 Applicant’s request to extend the relevant period dated 20 August 2014 Concurrence Agency response dated 4 September 2014

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EXECUTIVE SUMMARY In January 2006, the former Eacham Shire Council approved the development application described above. The applicant subsequently lodged a request to change that approval in realtion to agricultural buffering, which was not supported by Council. An appeal against that decision was lodged in the Planning & Environment Court, and was settled in 2008. In 2012, the applicant requested Council consider supporting a permissible change application to the Court for the approved lot layout and staging of the development. Council resolved to support the Court application by the applicant for these changes, however on 20 June 2013 the Court declined to approve those changes. At the same time, Council approved an extension to the relevant period from 27 August 2012 to 27 August 2014. Only six lots of the approved twenty three lots have been developed since 2008. Twine Surveys, on behalf of the applicant has subsequently lodged an application to extend the relevant period of this approval for a further 4 years from 27 August 2014 to 27 August 2018. Pursuant to Council’s “Policy for the Assessment of Extensions to Relevant Period for Development Approvals” adopted 6 February 2014, it is recommended the application be approved only for two (2) years from 27 August 2014 to 27 August 2016, because the conditioned external road, water and sewer infrastructure charges are falling behind the current charging rates. A 2 year extension will allow Council to revisit the associated infrastructure charges not long after an new infrastructure charging framework is adopted, and to revise those charges (if necessary).

OFFICER'S RECOMMENDATION “1.

It is recommended that, in relation to the application to extend the relevant period for the following development approval: APPLICATION PREMISES ADDRESS HJW Scott Pty Ltd Eacham Road, C/- Twine Surveys Pty Ltd Yungaburra DATE REQUEST RPD 21 August 2014 Lot 201 on SP261214 FOR EXTENSION (formerly Lot 100 on OF RELEVANT SP179198) PERIOD LODGED TYPE OF Development Permit APPROVAL PROPOSED 1) Material Change of Use for use rights consistent with those in DEVELOPMENT the Residential Zone 2) Reconfiguration of a Lot into 23 residential lots in 4 stages + balance lot APPLICANT

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

The relevant period be extended for two (2) years from 27 August 2014 to 27 August 2016.

A Notice of Council’s decision be issued to the applicant and the Department of State Development Infrastructure and Planning, State Assessment and Referral Agency (SARA) Page 106


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via email CairnsSARA@dsdip.gov.au (reference: SPD-0814-010547) advising of Council’s decision”. COUNCIL POLICY FOR THE ASSESSMENT OF EXTENSIONS TO RELEVANT PERIOD FOR DEVELOPMENT APPROVALS At its meeting on 6 February 2014, Council adopted a policy to provide guidance in making decisions regarding certain Requests for Extension to Relevant Periods for approvals, to ensure that: a.

Development proceeds in an appropriate manner, and subject to current planning and infrastructure policies and requirements; and

b.

Council’s Infrastructure Projects are not detrimentally affected by lower charges being collected where Extensions to Relevant Period are granted.

The applicant’s request to extend the relevant period has been assessed against this policy below: Comment 4.1 Concurrence Agencies for the original approval can provide comment for Council's consideration in making a decision regarding a Request to Extend a Relevant Period. Council should pay regard to these comments, noting, however, that these Agencies cannot direct Council to approve or refuse a Request.

The relevant concurrence agency has responded and advised there is no objection to the proposed request for extension of the relevant period.

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4.2 It may be appropriate for Council to approve a Request for Extension to Relevant Period only if amendment is made to: a. The layout for the development, to accommodate more appropriate and current standards and requirements; and / or b. Conditions related to infrastructure charges applicable to the development, to accommodate more current infrastructure charging policies and / or rates; and / or

c. Other conditions of the original Development Approval, to incorporate more appropriate and / or current planning scheme or policy requirements.

n/a to this request

This approval is subject to fixed external road, water and sewerage charges with only CPI increases (these conditioned charges are currently only 73% of the standard charge). A 2 year extension will allow Council to revisit the associated infrastructure charges not long after the new infrastructure charging framework is adopted, and to revise those charges (if necessary).

n/a to this request

In these circumstances, Council may request the Applicant lodge a Request to Change the Development Approval prior to issuing any approval for the Request to Extend the Relevant Period. If the Applicant refuses to lodge a Request to Change the Development Approval, Council may refuse the Request to Extend the Relevant Period. 4.3 In approving Requests for Extension to Currency Period, Council will subject to considerations required under the Sustainable Planning Act 2009: a. grant a two (2) year extensions to the relevant period for development approvals where development has not commenced.

Although one stage of the 4 stage approval has been completed, a two (2) year extension only is recommended because the conditioned infrastructure charges are not keeping pace with the current charges.

b. grant 4 year extensions to the relevant period where operational or building work has been approved and construction of the development approval has commenced.

THE SITE The subject site is situated on the outskirts of Yungaburra township and the residential development, Lakeside. It is being used for cattle (dairy) grazing and includes a dwelling house on Page 108


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the southern boundary which is accessed from Eacham Road. The dwelling house is the subject of a previous subdivision approval (IDAS14/09) and will be established on a separate parcel of land (proposed Lot 14). The proposed development can be connected (with conditions) to reticulated power, water and sewer.

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.

PRIOR APPROVALS IDAS07/04 - Reconfiguration of a Lot (6 lots in Lillypilly Lane (Lots 1 - 6 SP179198). These lots have been developed and sold.

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IDAS19/04 - Reconfiguration of a Lot (5 lots fronting Park Avenue). These lots have not been developed and the approval has lapsed. IDAS14/09 - Reconfiguration of a Lot (1 new lot fronting Eacham Road (excising the existing dwelling). This approval has not been acted upon and has now lapsed. BACKGROUND AND CONTEXT The site is currently zoned Urban Expansion and was previously zoned part Residential and part Rural (Special Farming) under the superseded scheme. In 2006, the former Eacham Shire Council approved a Material Change of Use for use rights consistent with the Residential Zone for the entire site and Reconfiguring a Lot for subdivision of part of the site into 23 lots in four stages. This approval was the subject of an appeal regarding conditions relation to vegetation buffering between the proposed residential development and adjoining agricultural land. This appeal was settled in 2008. In 2012, the applicant requested and Council resolved to support an applicant application to the Court to amend conditions (as a 'permissable change') to the Court Order in relation to lot layout and associated changes. Council also approved a further 2 years to the relevant period, taking the relevant period to 27 August 2014 subject to the applicant paying the required park contribution of $ 200/lot for the 23 lots upfront. In July 2013, the Court declined to approve the permissible change application by the applicant for the following reasons (as advised by P&E Law): ...the fact that we could not definitively show that there was no likelihood of a properly made submission being made in respect of the change. He was of the view that a 12.5% increase in traffic along Lillypilly Lane would attract submissions and in the circumstances the application could not succeed because of the view he had taken. I could not put the case any higher than I have set out in the submissions attached. The “submissions attached” include the following– 19. It is submitted that the changes proposed to the internal layout, to address traffic concerns identified by the applicant’s consultants and the respondent’s officers, tend to ameliorate traffic impacts arising from the approved internal layout, rather than create new impacts. The following paragraphs have been reproduced from the traffic report prepared by PDR Engineering... 20. It is submitted that the proposed changes are unlikely to cause a person to make a properly made submission objecting to the proposed changes, if the circumstances allowed. 21. There are 7 dwelling on Lillypilly Lane4, the residents of which may be slightly impacted by the increase in traffic along Lillypilly Lane. The dwellings in the main are located toward the rear of their properties, as can be seen from the Google Earth aerial photograph contained in the PDR Engineer report.5 None of these residents were submitters to the original development application. Further, there was always going to be extra traffic generation because of the development. 22. The engineers’ estimate of a potential increase of 12.5% traffic along Lillypilly Lane above the existing traffic may be a source of concern for the residents on Lillypilly Lane... The applicant contends that a great majority of the previous two year extension was taken up with the permissible change application to the Court and that, in addition to the general economic downturn experienced on the Tablelands has delayed progress of the development.

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The applicant is now seeking a further 4 year extension to the development approval from 27 August 2014 to 27 August 2018. Comment The reconfiguration of a lot approval is subject to fixed external road, water and sewerage charges with only CPI increases. These conditioned charges are currently only 73% of the standard charge. A 2 year extension will allow Council to revisit the associated infrastructure charges not long after a new infrastructure charging framework is adopted, and to revise those charges (if necessary).

ASSESSMENT AND DECISION REQUIREMENTS Assessment rules Section 388 of SPA requires that Council must have regard to: •

he consistency of the approval, including its conditions, with the current laws and policies applying to the development, including, for example, the amount and type of infrastructure contributions, or charges payable under chapter 8, part 1. If a new application was lodged for this proposal, it would have to be assessed against the following planning instruments (which did not form part of the original assessment): Applicable Planning Instruments •

Eacham Sire Planning Scheme The Eacham Shire Planning Scheme 2006 commenced on 14 November 2006 and zoned the subject land as Urban Expansion Area. This Planning Scheme is still in force. The intent of this zone is to indicate where future urban development is planned in Yungaburra and Malanda, subject to the availability of essential services. It’s preferred designation in the Yungaburra expansion area overlay, is residential. Accordingly, the development approval for development in accordance with the residential zone is consistent with the Eacham Shire Planning Scheme 2006. Should it lapse, the applicant could reapply, and subject to relevant conditions applying, such an application is likely to be approved by Council.

Far North Queensland Regional Plan 2009-2031 The Far North Queensland Regional Plan 2009-2031 placed the subject within the Urban Living Footprint. The development approval is consistent with this designation.

Proposed TRC Planning Scheme The draft planning scheme places the subject land into the Low Density Residential zone (Yungaburra Local Plan) and to that extent the subject development approval would be consistent with the draft planning scheme.

Single State Planning Policy

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This single state planning policy came into effect on 2 November 2013 and replaces the multiple policies previously in existence. This policy defines the Qld government state interests in land use planning and development. Any new application would be subject to its Part E Interim development assessment requirements statutory provisions for State Interest State interest: Water Quality Receiving waters—a development application for any of the following: (1) a material change of use for urban purposes that involves a land area greater than 2500 square metres that: (a) will result in an impervious area greater than 25 per cent of the net developable area, or (b) will result in six or more dwellings, or (2) reconfiguring a lot for urban purposes that involves a land area greater than 2500 square metres and will result in six or more lots, or (3) operational works for urban purposes that involve disturbing more than 2500 square metres of land.

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

Comment The 23 lot development approval would trigger assessment against the relevant criteria.

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

Water supply catchment in South East Queensland — Not applicable to TRC local Government Area Acid sulfate soils— — Not applicable to TRC local Government Area

Applicable Infrastructure Charges As a result of the previous approved extension to the relevant period, the applicant paid the fixed park infrastructure charges (ie 23 x $200 = $4,600 - Receipt #431851) for the approved 23 lots. This approval is also subject to fixed external road, water and sewerage charges with only CPI increases (these conditioned charges are currently only 73% of the standard charge). A 2 year extension will allow Council to revisit the associated infrastructure charges not long after the new infrastructure charging framework is adopted, and to revise those charges (if necessary). •

the community’s awareness of the development approval The original development application was Impact Assessable and subject to public notification. No submissions were submitted. One (1) properly made submission were submitted to the original application based on conflict with the then State Planning Policy 1/92, adverse affect on the Yungaburra water supply network. The proposed extension to the relevant period is considered minor and considering the extent of development that has occurred it is considered that the community are generally aware of the approved development.

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

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

If a further development application was required to be submitted, it would require impact assessment (development overriding the scheme for the purpose of residential uses) and be subject to public notification. •

the views of any concurrence agency for the approval given under section 385. The original application triggered referral to the former Department of Natural Resources, Mines & Energy (now Department of Natural Resources & Mines). On 1 July 2013, the State Assessment and Referral Agency (SARA) commenced. Under these changes, the Department of State Development, Infrastructure and Planning is the assessment manager or referral agency for all relevant development applications and has become the single lodgement and assessment point where the State has a jurisdiction under SPA. The Department of State Development Infrastructure & Planning advised in a letter dated 4 September 2014 that they have no objection to the proposed extension to the relevant period (Attachment 3).

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ATTACHMENT 1

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ATTACHMENT 2 APPLICANT REQUEST TO EXTEND THE RELEVANT PERIOD

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ATTACHMENT 3 CONCURRENCE AGENCY RESPONSE

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ITEM-5

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NOTICE OF MOTION - LOCAL PLAN - DRAFT TRC PLANNING SCHEME PUBLIC CONSULTATION SUBMISSIONS REPORT

DOCUMENT INFORMATION

MEETING:

Ordinary

MEETING DATE:

18 September 2014

REPORT AUTHOR/ OFFICER’S TITLE:

Ian Church, Chief Executive Officer

DEPARTMENT:

Office of the Chief Executive Officer

EXECUTIVE SUMMARY Cr Peter Hodge has given notice of his intention to move that the resolution titled "Local Plan Draft TRC Planning Scheme Public Consultation Submission Report" passed by Council at its Meeting held on 11 July 2013, be amended. OFFICER'S RECOMMENDATION "That the following resolution passed by Council at the Ordinary Meeting held on 11 July 2013 be amended in accordance with Section 262 of the Local Government Act 2012 by deleting the part of Attachment 1 - Table A to Item-2 - Local Plan - Draft TRC Planning Scheme Public Consultation Submissions Report, Submission ID number 369 which states: “Retain the Atherton Local Plan Southern Link Road alignment unchanged.” ITEM 2

LOCAL PLAN – DRAFT TRC PLANNING SCHEME PUBLIC CONSULTATION SUBMISSIONS REPORT

Moved by Cr Marti

Seconded by Cr Linwood

“That Council respond to submissions regarding the local plans in accordance with Attachment 1 – Table A attached to these Minutes as Appendix 2” CARRIED 6-1 Cr Jensen voted against the motion

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APPENDIX 2 (Extract) Attachment 1 – Table A – Issues and Considerations for Submissions Relating to Local Plans

Submission ID Numbers 369

Submitter Name F&C Barletta – BGM Pty Ltd

Property Address Kennedy Highway

Property Description 2RP737152

Locality

Request

Atherton

Suggest alternative routes for the Atherton Southern Link Road for consideration by Council

ATTACHMENTS 1.

Letter dated 9 September 2014.

Date Prepared:

10 September 2014

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ITEM-6

Thursday 18 September 2014

NOTICE OF MOTION - SOUTHERN LINK ROAD

DOCUMENT INFORMATION

MEETING:

Ordinary

MEETING DATE:

18 September 2014

REPORT AUTHOR/ OFFICER’S TITLE:

Ian Church, Chief Executive Officer

DEPARTMENT:

Office of the Chief Executive Officer

EXECUTIVE SUMMARY Cr Peter Hodge has given notice of his intention to move that the resolution titled "Southern Link Road" passed by Council at its Meeting held on 21 August 2014, be amended. OFFICER'S RECOMMENDATION "That the following resolution passed by Council at the Ordinary Meeting held on 21 August 2014 be amended in accordance with Section 262 of the Local Government Act 2012 by amending the resolution to read: “That this matter is deferred to the second Ordinary Meeting of Council in September 2014.” ITEM 4

SOUTHERN LINK ROAD

Moved by Cr Hodge

Seconded by Cr Stocker

“That this matter is deferred to the first Meeting of Council in October to await further information.” CARRIED UNANIMOUSLY"

ATTACHMENTS 1.

Letter dated 9 September 2014.

Date Prepared:

10 September 2014

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ITEM-7

Thursday 18 September 2014

TRC DRAFT PLANNING SCHEME - SUBMISSION - SOUTHERN LINK ROAD 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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COMMUNITY SERVICES ITEM-8

COMMUNITY AND REGIONAL PLANNING PROJECTS REPORT - SEPTEMBER 2014

-

CAPITAL

DOCUMENT INFORMATION

MEETING:

Ordinary

MEETING DATE:

18 September 2014

REPORT AUTHOR/ OFFICER’S TITLE:

DEPARTMENT:

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

EXECUTIVE SUMMARY The Community & Regional Planning Department is responsible for delivery of the Community & Regional Planning component of the 2013/14 carry forward and the 2014/15 capital works programs. This report is presented to provide Council with an update on recently completed and current major capital works projects. This is the first such report and it is envisaged that the format and content of the report will improve and develop over time. OFFICER'S RECOMMENDATION "That Council receive and note the report entitled 'Community and Regional Planning Capital Works' prepared by the General Manager Community and Regional Planning.” BACKGROUND The Community & Regional Planning Department is responsible for delivery of the 2013/14 carry forward and the 2014/15 capital works programs as per the attached spread sheet. The 2013/14 carry forward program was approved by Council at its Ordinary meeting held on 7 August 2014. The Community & Regional Planning component of the capital works program includes property access, land protection capital improvements, libraries, aerodromes, aged housing, community facilities, corporate facilities, caravan parks, sport and recreation projects and toilet facilities. The total figure for the Community & Regional Planning Department is $ 2,807,599 and comprises of: • 2014-15 capital program - $2,647,456 • 2013/14 carry forward program - $ 160,143 • As of the 3 September 2014, $942,844 has been expended/committed (34.19%)

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This report is presented to provide Council with an update on recently completed and current major capital works projects. This is the first such report and it is envisaged that the format and content of the report will improve and develop over time. Please refer to the Capital Works Program Report (Attachment 2) for some of the current projects underway. LINK TO CORPORATE PLAN Outcome - Regional Infrastructure Regional infrastructure networks designed, implemented and maintained to meet the region’s current and future needs. 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. CONSULTATION Internal Manager Regulatory Services Manager Regional Planning Manager Community Services External NIL LEGAL IMPLICATIONS (STATUTORY BASIS, LEGAL RISKS) N/A POLICY IMPLICATIONS NIL FINANCIAL & RESOURCE IMPLICATIONS Capital Total Capital Budget - $ 2,807,599 Percentage of budget complete – 34.19% Operating N/A Is the expenditure noted above included in the 2014/2015 budget? N/A If not you must recommend how the budget can be amended to accommodate the expenditure. N/A

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IMPLEMENTATION/COMMUNICATION The Community & Regional Planning report will be presented to Council on a quarterly basis. ATTACHMENTS Attachment 1 – Capital Budget CRP with Comments – ECM3003721 Attachment 2 – CRP Capital Works Program Report – ECM 3003729 Date Prepared:

25 August 2014

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ATTACHMENT 1

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ATTACHMENT 2

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ITEM-9

Thursday 18 September 2014

GLEN ALLYN TELSTRA TOWER CONFIDENTIAL

REASON FOR CONFIDENTIALITY This report is CONFIDENTIAL in accordance with Section 275(1)(e) of the Local Government Regulation 2012, 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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ITEM-10

Thursday 18 September 2014

LOT 6 SP206188 - J & K CHAPMAN SALE OF LAND ON JESSOP ROAD, ATHERTON 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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ORGANISATIONAL SERVICES ORGANISATIONAL DEVELOPMENT ITEM-11

COUNCILLOR / STAFF INTERACTION POLICY

DOCUMENT INFORMATION

MEETING:

Ordinary

MEETING DATE:

18 September 2014

REPORT AUTHOR/ OFFICER’S TITLE:

Matthew Hyde, Deputy Chief Executive Officer

DEPARTMENT:

Office of the Chief Executive Officer

EXECUTIVE SUMMARY The purpose of this report is to advise Council in relation to a revision of the policy about requests by Councillors for advice and information from staff (Councillor / staff interaction policy). OFFICER'S RECOMMENDATION "That Council adopt the attached revised Councillor / Staff Interaction Policy." BACKGROUND The attached policy is made by the Chief Executive Officer pursuant to Sections 13 and 170 of the Local Government Act 2009 (the Act) and sets out the obligations of staff and Councillors when interacting to deliver Council business. The Act makes provisions for interactions between Councillors and employees, including giving directions and making requests for information or advice. In accordance with Section 170(A)(6) the Local Government is required to adopt by resolution acceptable request guidelines. The intent of the Councillor / Staff Interaction Policy is to facilitate the effective relationship between the elected and operational branches of the organisation. Council adopted a revised Councillor / Staff Interactions Policy on 15 March 2014. The policy has been revised to simplify the interaction between Councillors and staff and, in particular, requests from Councillors relating to the provision of information, advice and assistance.

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LINK TO CORPORATE PLAN Outcome: A Well Managed Region. Accountable Leadership Transparent Practices - Ensure the administration of the region is governed through open and transparent decision making practices and coordinated management and reporting processes. CONSULTATION Internal Councillors CEO Senior Advisor Governance External N/A LEGAL IMPLICATIONS (STATUTORY BASIS, LEGAL RISKS) Sections 13, 170 and 170A of the Local Government Act 2009. POLICY IMPLICATIONS This policy links with the confidentiality policy regarding distribution and use of information. FINANCIAL & RESOURCE IMPLICATIONS Capital N/A Operating M/A Is the expenditure noted above included in the 2014/2015 budget? N/A If not you must recommend how the budget can be amended to accommodate the expenditure N/A IMPLEMENTATION/COMMUNICATION All staff will be trained in the implementation of the policy. The policy will be available to staff and the community through the intranet and Council's website. ATTACHMENTS 1.

Councillor / Staff Interaction Policy Version 4 (ECM 2994379).

Date Prepared:

6 August 2014

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ATTACHMENT

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FINANCE ITEM-12

FINANCIAL STATEMENTS PERIOD ENDING 31 AUGUST 2014 - CIRCULATED IN LATE CORRESPONDENCE

DOCUMENT INFORMATION

MEETING:

Ordinary

MEETING DATE:

18 September 2014

REPORT AUTHOR/ OFFICER’S TITLE:

Carol Trost, Executive Manager Financial Services

DEPARTMENT:

Organisational Services

EXECUTIVE SUMMARY The purpose of this report is to provide Council with an overview of financial matters for the period 1 August 2014 to 31 August 2014.

REPORT CIRCULATED IN LATE CORRESPONDENCE Date Prepared:

10 September 2014

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ATTACHMENT 1

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ADMINISTRATION ITEM-13

ORGANISATIONAL SERVICES REPORT SEPTEMBER 2014

-

CAPITAL

PROJECTS

DOCUMENT INFORMATION

MEETING:

Ordinary

MEETING DATE:

19 September 2014

REPORT AUTHOR/ OFFICER’S TITLE:

Matthew Hyde, Deputy Chief Executive Officer

DEPARTMENT:

Organisational Services

EXECUTIVE SUMMARY This report serves to update Councillors on the progress of capital works assigned in the 2014/15 budget. OFFICER'S RECOMMENDATION "That Council receive and note the report submitted by the Deputy Chief Executive Officer, entitled Organisational Services Capital Projects Report." BACKGROUND Organisational Services has few capital projects and most of the projects are systems work in conjunction with other sponsoring departments. Progress is limited at this stage as most projects have just commenced the scoping stage. LINK TO CORPORATE PLAN 4.2.3 - Knowledge Management Provide quality corporate knowledge management throughout the organisation to assist in the delivery of services and Council business. CONSULTATION Internal Manager Knowledge & Systems Manager Finance Manager Organisational Development Cemeteries & Projects Officer

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External Nil LEGAL IMPLICATIONS (STATUTORY BASIS, LEGAL RISKS) N/A POLICY IMPLICATIONS N/A FINANCIAL & RESOURCE IMPLICATIONS Capital As per budget. Operating N/A Is the expenditure noted above included in the 2014/2015 budget? N/A If not you must recommend how the budget can be amended to accommodate the expenditure N/A IMPLEMENTATION/COMMUNICATION N/A ATTACHMENTS 1.

Capital Budget Report

Date Prepared:

11 September 2014

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ATTACHMENT This Capital Budget Report is to be presented at Council's ordinary meeting scheduled for 18 September 2014. Please refer to 2014/2015 Capital Budget for specific job details. 1. Organisational Services 1.1 Cemeteries Signage and Marker Program

Responsible Officer:

Cemeteries and Projects Officer - Nadine Hill

Project Scope:

Program aims to improve signage at facilities in order for visitors to be able to find relatives and friends. Project includes facility layout sign, row and section markers.

Project Status:

not started Actual Including

2014/2015 Year to Date Lifetime Comments:

Budget

Commitments

Variance

$20,000 $20,000

$0 $0

$20,000 $20,000

Layout and costings being developed.

1.2 Cemeteries Beams - Malanda, Millaa Millaa, Ravenshoe

Responsible Officer:

Cemeteries and Projects Officer - Nadine Hill

Project Scope:

Project aims to provide a beam so that burials are made in the right place and take up only the plot. This will assist in making the actual location match the mapping Actual Including

2014/2015 Year to Date Lifetime Comments:

Budget

Commitments

Variance

$0 $15,000

$561 $6,854

-$561 $8,146

Millaa Millaa and Malanda Beams are in place. Yet to commence Ravenshoe.

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1.3 Telephone and Internet access points

Responsible Officer:

Co-ordinator Customer Service

Project Scope:

Project aims to provide a phone that links directly to the call centre and a computer for customers to put electronic request into Council at outlying customer service facilities.

Project Status:

not started Actual Including

2014/2015 Year to Date Lifetime Comments:

Budget

Commitments

Variance

$5,000 $5,000

$0 $0

$5,000 $5,000

Still assessing need following start-up of new activities.

2. Organisational Development 2.1 Kiosk Teminal

Responsible Officer:

Manager Human Resources

Project Scope:

Project aims to provide hot desk computers at depot locations in order for staff to receive their payslips, and change their details in the system.

Project Status:

not started Actual Including

2014/2015 Year to Date Lifetime Comments:

Budget

Commitments

Variance

$10,000 $10,000

$0 $0

$10,000 $10,000

Awaiting the commencement of electronic timesheets and self service in the system. Reliant on new module C1 from Technology One who have delayed their delivery date.

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3. Financial Management 2.1 IBIS Water Module

Responsible Officer:

Carol Trost

Project Scope:

The purchase and installation of the water module to add to the existing IBIS rate modelling software. This is intended to be used as part of the review of the Water utility charges.

Project Status:

not started Actual Including

2014/2015 Year to Date Lifetime Comments:

Budget

Commitments

Variance

$50,000 $50,000

$0 $0

$50,000 $50,000

A project timeline is yet to be developed in conjunction with the Special Projects Officer.

3. Knowledge and Systems 2.1 IT Technology One Enterprise Suite Upgrade

Responsible Officer:

Daniel Goodhew

Project Scope:

Funding to support the necessary upgrades or additional modules for the TechnologyOne suite.

Project Status:

not started Actual Including

2014/2015 Year to Date Lifetime Comments:

Budget

Commitments

Variance

$30,000 $64,940

$0 $14,578

$30,000 $50,362

Awaiting availablility of software

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2.2 ECM & P&R Integration

Responsible Officer:

Tate Jones

Project Scope:

The integration of ECM (Records system) with Property & Rating and the Finance One system.

Project Status:

In progress Actual Including

2014/2015 Year to Date Lifetime Comments:

Budget

Commitments

Variance

$55,200 $55,200

$5,880 $5,880

$49,320 $49,320

Initial scoping underway

2.3 VDI Management

Responsible Officer:

Chris Marsh

Project Scope:

Improve the user experience of desktop PCs on low bandwidth Internet connections.

Project Status:

not started Actual Including

2014/2015 Year to Date Lifetime Comments:

Budget

Commitments

Variance

$14,000 $14,000

$0 $0

$14,000 $14,000

Under review due to the staff movements.

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2.4 Crystal Reporting Server

Responsible Officer:

Daniel Goodhew

Project Scope:

Centralise reporting across all business systems. Support realtime dashboards and scheduled reporting.

Project Status:

In progress Actual Including

2014/2015 Year to Date Lifetime Comments:

Budget

Commitments

Variance

$22,250 $22,250

$0 $0

$22,250 $22,250

Obtaining quotations

2.5 Operation asset management with Confirm

Responsible Officer:

Tate Jones

Project Scope:

Funding to support the necessary upgrades, additional modules or licenses required for asset management.

Project Status:

In progress Actual Including

2014/2015 Year to Date Lifetime Comments:

Budget

Commitments

Variance

$59,000 $59,000

$0 $0

$59,000 $59,000

Valuation module under review.

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2.6 Works System in Technology One Finance

Responsible Officer:

Tate Jones

Project Scope:

Implementation of the works system in TechnologyOne. Effectively manage operational and captial works projects and job costings.

Project Status:

not started Actual Including

2014/2015 Year to Date Lifetime

Budget

Commitments

Variance

$84,000 $84,000

$0 $0

$84,000 $84,000

Comments:

2.7 GIS aerial and elevation data acquisition

Responsible Officer:

Tate Jones

Project Scope:

Not required. Rolled over from previous year.

Project Status:

cancelled Actual Including

2014/2015 Year to Date Lifetime Comments:

Budget

Commitments

Variance

$0 $0

$13,480 $133,050

-$13,480 -$133,050

Reviewing Expenditure - no works conducted this financial year.

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INFRASTRUCTURE SERVICES CONSTRUCTION & MAINTENANCE ITEM-14

INFRASTRUCTURE SERVICES REPORT - SEPTEMBER 2014

-

CAPITAL

PROJECTS

DOCUMENT INFORMATION

MEETING:

Ordinary

MEETING DATE:

18 September 2014

REPORT AUTHOR/ OFFICER’S TITLE:

Ross McKim, General Manager Infrastructure Services

DEPARTMENT:

Infrastructure Services

EXECUTIVE SUMMARY Infrastructure Services is responsible for delivery of the Infrastructure Services component of the 2013/14 carry forward and the 2014/15 capital works programs. The 2013/14 carry forward program was approved by Council at its Ordinary meeting held on 7 August 2014. This report is presented to provide Council with an update on recently completed and current major capital works projects. This is the first such report and it is envisaged that the format and content of the report will improve and develop over time. OFFICER'S RECOMMENDATION "That Council receive and note the report '2014/15 Capital Works Program' prepared by the General Manager Infrastructure Services." BACKGROUND The Infrastructure Services Department is responsible for delivery of the Infrastructure Services component of the 2013/14 carry forward and the 2014/15 capital works programs. The 2013/14 carry forward program was approved by Council at its Ordinary meeting held on 7 August 2014. The Infrastructure Services component of the capital works program includes roads, drainage, water, sewerage, and waste capital works projects. Council’s funds have been supplemented through successful grant applications including Roads to Recovery (R2R), Transport Infrastructure Delivery Scheme (TIDS), Royalties for Regions, Local Government Grants and Queensland Disaster Mitigation and Resilience grants. This report is presented to provide Council with an update on recently completed and current major capital works projects. This is the first such report and it is envisaged that the format and content of the report will improve and develop over time. Some of the financial information and project milestone information may not be totally up to date. This will be improved in time.

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In the new Tablelands Regional Council, Infrastructure Support Services and the Construction and Maintenance Groups are responsible for the delivery of the roads and drainage program. Water and Waste are responsible for the delivery of the Water and Waste program. The Infrastructure Services Support Services Group undertakes the site survey and prepares the final designs. Support Services project manage the works which are either undertaken by external contractors (e.g. Vine Creek Bridge project) or through the Construction and Maintenance Group. Some of the major projects that Infrastructure Services staff are currently working on or have recently completed include: • • • • • • • • • • • •

Jack Street Drainage Stages 1 and 2 Anderson Road widening Landfill Remediation Project Vine Creek Bridge Silver Valley Road Bridge Lawyer Creek Bridge 2014/15 Bitumen and Asphalt reseal program 2013/14 and 2014/15 Gravel Resheet programs Limestone Creek Causeway Replacement Tumoulin Road DTMR Project 2014/15 Fleet Replacement Program Rangeview Drainage Upgrade (Reef Rescue)

Details on these projects are provided in the attached 2014/15 Infrastructure Services capital works program report, September 2014. LINK TO CORPORATE PLAN Outcome - Regional Infrastructure Regional infrastructure networks designed, implemented and maintained to meet the region’s current and future needs. 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. CONSULTATION Internal Officers of the Infrastructure Services Support Services Group, Construction and Maintenance Group, and Water and Waste Group have been consulted in the preparation of this report. External External consultation has occurred on individual projects are required. LEGAL IMPLICATIONS (STATUTORY BASIS, LEGAL RISKS) N/A

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POLICY IMPLICATIONS Infrastructure Services officers are endeavouring to complete as much of the 2014/15 Infrastructure Services Capital Works Program as possible prior to 30 June 2015. FINANCIAL & RESOURCE IMPLICATIONS Capital The 2014/15 Infrastructure Service capital works program has been funded through Council’s 2014/15 budget. Council funds have been supported through successful grant applications. Operating N/A Is the expenditure noted above included in the 2014/2015 budget? The 2014/15 Infrastructure Service capital works program has been funded through Council’s 2014/15 budget. Council funds have been supported through successful grant applications. If not you must recommend how the budget can be amended to accommodate the expenditure. N/A IMPLEMENTATION/COMMUNICATION It is intended that progress on the Infrastructure Services capital works program will be placed on Council’s website along with the proposed works schedule for the next three months. ATTACHMENTS Attachment 1 – September 2014 Capital Works Program Update Attachment 2 – Roads and Drainage Capital Projects Summary, August 2014. Date Prepared:

6 September 2014

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Attachment 1 – August 2014 Capital Works Program Update

Infrastructure Services Capital Works Program Report

Prepared September 2014

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Project: JACK STREET DRAINAGE, STAGES 1 AND 2 Project Manager: Lemaki Curulala Construction Manager: Errol Taske Scope of Works:

In the past, Council completed stormwater drainage through the Atherton Township, but did not connect it to Prior Creek. This project is to connect existing stormwater drainage infrastructure along the bottom end of Jack Street, across DTMR land and into Prior Creek.

Notes:

The project is being undertaken by the Water and Waste Group due to their expertise at laying large pipes and working in confined spaces.

Budget:

Stage 1 & 2 – $540,000

Expenditure to date: Achievements: • Council funding for the project obtained • Detailed survey and design completed • Installation of the pipework and pits along Jack Street completed. • Installation of pipework across DTMR land nearing completion Future Works: • Outfall into Prior Creek Photographs:

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Project: TULLY FALLS ROAD - VINE CREEK BRIDGE REPLACEMENT Project Manager: Construction Manager:

Lemaki Curulala Contractors

Scope of Works:

To replace the existing single lane timber bridge with a single lane concrete bridge within budget and with a life of 100 years.

Funding Source:

R2R and TIDS grant funds

Budget:

$850,000

Expenditure to date: $896,000 (This figure includes the costs of constructing the diversion for the Lawyer Creek Project. These costs will be journalled out to the Lawyer Creek project) . Achievements: • Council approval received for the project • R2R and TIDS approval for the project obtained • Tender Documentation Finalised • Tender awarded • Existing bridge demolished • Construction of new bridge underway. • New bridge constructed and bitumen laid • Bridge opened to traffic (25 Aug 2014). Future Works: • Finalise approaches, bridge rails and guard rails. • Conduct opening ceremony Photographs:

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Project: TULLY FALLS ROAD - LAWYER CREEK BRIDGE REPLACEMENT Project Manager:

Lemaki Curulala

Construction Manager:

Contractor

Scope of Works:

To replace the existing single lane timber bridge with a single lane concrete bridge within budget and with a life of 100 years. The original bridge was built in 1947 in advance of the construction of the Koombooloomba Dam.

Budget:

$920,000

Funding Source:

R2R and TIDS grant funds

Expenditure to date:

$685,000 (Expenditure to date $74k, contract commitment $610k)

Achievements: • Council approval obtained to include project in the 2014/15 capital works program • FNQROC RRTG approval obtained for 50% TIDS funding of the project • Tender Documentation Finalised • Tender approved by Council and awarded (17 July 2014). Future Works: • Site establishment • Create side access • Demolish existing bridge. Photographs:

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Project: SILVER VALLEY ROAD LITTLE CREEK BRIDGE REPLACEMENT Project Manager: Construction Manager:

Lemaki Curulala Andrew Tinus

Scope of Works:

To replace the current old timber bridge with a twin barrel pipe structure.

Budget:

$96,000

Expenditure to date:

Nil

Achievements: • Council decision in general business to replace the bridge • 6 March 2014 Council approved installation of a pipe crossing instead of a bridge • Funding included in the 2014/15 capital works program • Completed Design (1 September 2014)) Future Works: • Commence construction (September 2014) Photographs:

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Project: 2014/15 BITUMEN RESEAL AND ASPHALT PROGRAM Project Manager: Construction Manager:

Lemaki Curulala Contractor

Scope of Works:

To complete the 2014/15 bitumen and asphalt reseal programs prior to the end of the financial year. To complete all of the roads on the approved lists within budget.

Budget:

$1,875,000

Expenditure to date:

Nil

Achievements: • Council funding approved in the 2014/15 capital works program • 2014/15 program approved by Council at its meeting on 1 May 2014. • Tender awarded to contractor through the FNQROC regional contract. • Roads prepared for reseal (works undertaken by the Construction and Maintenance Group) Future Works: Bitumen Reseals Programme

• •

Scheduled to commence on Tues 16 Sept 2014 (subject to weather and contractor) Below is the delivery programme per locality; 1. Mt Garnet 2. Ravenshoe 3. Evelyn/Kaban 4. Herberton/Wondecla 5. Malanda/Jaggan/Glen Allyn 6. Ellinja/Mungali 7. Tolga/Kairi/Tinaroo 8. Atherton

Asphalt Overlay Programme

• •

Scheduled to commence on Mon 15 Sept 2014 (subject to weather and contractor) Below is the delivery programme per locality; 1. Ravenshoe 2. Malanda/Milla Milla 3. Ellinja/Mungali 4. Atherton/Tolga

Photographs:

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Project: TUMOULIN ROAD REHABILITATION (DTMR PROJECT) Project Manager: Construction Manager:

DTMR Officers Andrew Tinus

Scope of Works:

To connect existing stormwater drainage infrastructure to ??? Creek

Budget:

$1,300,000 (approximately)

Expenditure to date:

$1,300,000 (approximately

Achievements: • Negotiations undertaken with DTMR officers to win the project • Approval from Council obtained to undertake the work • Works completed in required time frame Future Works: • Project Completed. Photographs:

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Project: ANDERSON ROAD WIDENING Project Manager: Construction Manager:

Lemaki Curulala Andrew Tinus

Scope of Works:

Road widening and 2 coat seal from Ch900 (Wicker Lane) to Ch2130 (Rural address No. 212)

Budget:

$295,200

Expenditure to date:

$47,000

Achievements: • Council approval to include project in the 2013/14 capital works program. • Approval to carry project forward into the 2014/15 capital works program • Design completed. • Gravel works completed • 2 coat bitumen seal placed. Future Works: • Project complete Photographs:

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Project: 2013/14 and 2014/15 GRAVEL RESHEET PROGRAM Project Manager: Construction Manager:

Lemaki Curulala Andrew Tinus

Scope of Works:

To complete the 2013/14 and 2014/15 gravel resheeting programs prior to the end of the financial year. To complete all of the roads on the approved lists within budget. To deliver a quality finished gravel road with adequate drainage.

Budget:

$1,700,000

Expenditure to date:

Nil

Achievements: • • •

Amended 2013/14 program approved by Council at its meeting on 21 August 2014. 2014/15 program approved by Council at its meeting on 21 August 2014. Construction and Maintenance requested to make the required preparations to undertake the project. • Works commenced • Councillors provided with initial program schedule.

Future Works: •

Continue the program.

Photographs:

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Project: 2014/15 FLEET REPLACEMENT PROGRAM Project Manager:

Justen Oliver

Scope of Works:

The delivery of Council’s annual fleet renewal program. To ensure Council’s fleet is modern and fit for purpose. That the fleet replacements achieve best value for money.

Budget:

$2,490,000

Expenditure to date:

Nil

Achievements: • •

Second round of Fleet Disposals approved by Council at meeting on 21 August 2014 Draft list of vehicles to be replaced has been prepared

Future Works: • •

Seek ELT and then Council approval for the replacement list. Prepare tenders for replacement of vehicles.

Photographs:

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Project: LANDFILL REMEDIATION Project Manager:

Brad Bakker

Scope of Works:

To undertake Department of Environment and Heritage requirements on Council’s landfill sites.

Budget:

$

Expenditure to date:

Nil

Achievements: • 3 July 2014 – Council approval to engage consultants • Consultants advised to commence Future Works: • Review consultants progress • Keep DEHP informed Photographs:

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Project: LIMESTONE CREEK CAUSEWAY Project Manager: Construction Manager:

Lemaki Curulala Andrew Tinus

Scope of Works:

To replace the existing single lane timber bridge with a single lane concrete bridge within budget and with a life of 100 years.

Budget:

$440,000

Funding Source:

Royalties for Regions Round 3

Expenditure to date:

Nil

Achievements: • 9 December 2013 - Royalties for Regions Round 3 opened. • 6 February 2014 – Council approval to submit Limestone Creek Causeway into Round 3 of Royalties for Regions • 7 February 2014 – submission lodged • Grant funding for the project approved. • Completed designs expected 12 September 2014 Future Works: • Order precast culverts, headwalls. • Site establishment • Create side access • Demolish existing structure Photographs:

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Project: RANGEVIEW DRAINAGE (REEF RESCUE) - MELEVSKY CLOSE, NEWMAN DRIVE Project Manager: Construction Manager:

Daniel Snelgrove Andrew Tinus

Scope of Works:

To improve stormwater drainage management in the Rangeview estate

Budget:

$670,000

Funding Source:

Reef Rescue Grant

Expenditure to date: Achievements: • Design works completed • Consultation completed. • Site construction works commenced 27 August 2014 • Concrete spraying underway Future Works: • Estimate completion date 16 September 2014. Photographs:

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Project: TINAROO SEWERAGE TREATMENT PLANT UPGRADE Project Manager: Construction Manager:

Mark Sexton To be confirmed

Scope of Works:

Upgrade of the Tinaroo Sewerage Treatment Plant to comply with Environmental Authority (EA) licence, and ability to effectively treat current and future sewerage inflows.

Budget:

$500,000

External Funding Source:

Local Government Grants and Subsidies Program (LGGSP)

Expenditure to date:

$8,667.90

Achievements: • Survey of site undertaken by TRC staff in June 2014 to confirm site boundary locations. • Engineering consultants Jacobs Group (Australia) Pty Ltd were engaged in July 2014 to produce Concept Design Report for project. • Wastewater testing performed during June and July 2014 to provide sewage characterisation profile to Jacobs Group. • Submission to Local Government Grants and Subsidies Program (LGGSP) in May 2014, seeking 40% of estimated project cost valued at $800,000. • TRC were advised in July 2014 by the Queensland Government Minister for Local Government that a maximum approved subsidy of $500,000 equal to 25% of the project cost had been approved. Future Works: • • •

Lodge submission for Round four of Royalties for Regions Grant Program Concept design report due to be finalized in October 2014. Report to Council in October 2014 recommending next steps in delivery of project.

Photographs:

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Project: MALANDA SEWERAGE TREATMENT PLANT EFFLUENT IRRIGATION SCHEME Project Manager: Construction Manager:

Mark Sexton To be confirmed.

Scope of Works:

Design and construction of the Malanda Sewerage Treatment Plant (STP) Effluent Irrigation Scheme will enable TRC to comply with its Environmental Authority Licence regarding the disposal of treated effluent at the Malanda STP. The scheme involves construction of a new irrigation scheme on adjacent farmland. In addition to the installation of the irrigation equipment, civil, electrical and mechanical works will be undertaken to effectively deliver the overall package of works for TRC.

Budget:

$800,000

Expenditure to date:

$Nil.

Achievements: • Engineering consultant GHD Pty Ltd engaged in May 2014 to refine a number of the technical documents into one technical specification. • Engineering consultant GHD Pty Ltd engaged in May 2014 to create Technical Specification for the Malanda STP Recycled Water Agreement. • Technical specification finalised in June 2014. • Malanda STP Recycled Water Agreement finalized in June 2014. • Tender No. T-TRC2014-23 – Design & Construction of Malanda STP Effluent Irrigation Scheme advertised in July 2014. Documents issued to 58 companies on request. • Tender No. T-TRC2014-23 closed in August 2014 with 5 tender offers submitted. • Tender evaluation undertaken by Water & Waste officers in August 2014, with tender recommendation report to be presented to Council in September 2014. • Tender awarded at Council meeting held on 4 September 2014 (tenderers notified). Future Works: •

Construction of Malanda STP Effluent Irrigation Scheme to be completed by December 2014.

Photographs:

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Project: MALANDA WATER SUPPLY BORE UPGRADE Project Manager: Construction Manager:

Mark Sexton PIMS Enterprises Pty Ltd

Scope of Works:

Upgrade of the existing four (4) bores in the Malanda Water Supply Scheme to improve bore pump operating efficiency, and reduce operating costs to TRC associated with power consumption. The scope of work includes installation of a Variable Speed Drive (VSD) at each bore and upgrade of the electrical switchboard at each location.

Budget:

$50,000

Expenditure to date:

$Nil.

Achievements: • PIMS Enterprises Pty Ltd (PIMS) engaged to undertake works (in August 2014). Future Works: •

PIMS to perform works

Photographs:

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Attachment 2 – Roads and Drainage Capital Projects Summary, August 2014.

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TRC Tablelands Regional Council - Agenda

ITEM-15

Thursday 18 September 2014

PUBLIC CONSULTATION - SILO ROAD UPGRADE

DOCUMENT INFORMATION

MEETING:

Ordinary

MEETING DATE:

18 September 2014

REPORT AUTHOR/ OFFICER’S TITLE:

Ross McKim, General Manager Infrastructure Services

DEPARTMENT:

Infrastructure Services

EXECUTIVE SUMMARY Issues associated with the configuration of Silo Road have been raised with Council’s Traffic Advisory Committee (TAC) and directly with Council. This report summarises the actions taken to date and recommends the completion of a public consultation exercise on possible alterations to the Silo Road configuration. OFFICER'S RECOMMENDATION "That Council: •

Note the Silo Road Concept Road Configuration created in response to Traffic Advisory Committee and Council Resolutions (attachment 2), and

Approve a public consultation exercise be undertaken by Council officers on the possible alterations to the Silo Road configuration, and

Request a report back to Council on the findings of the public consultation project.”

BACKGROUND The Member for Dalrymple raised concerns regarding the Silo Road configuration through Council’s Traffic Advisory Committee (TAC) (item 13.03.14). The member raised various concerns including the fact that there were four (4) pedestrian crossings within 100m of each other. The TAC agenda details the actions taken by the committee to date in response to the Member for Dalrymple’s submission (refer attachment 1). In summary, the follow has occurred to date: • • • • •

TAC recommends Council undertake a comprehensive review of signage, pedestrian facilities and traffic calming devices in the area; Road Safety Audit (RSA) completed; Committee resolved to recommend that this Road Safety Audit Report be presented to Council for information; RSA reported to Council at Ordinary Meeting held 4th July 2013. Council noted the findings of the RSA to be considered by TRC as part of future capital works program; Recent extension of the Silo Shopping Centre has changed the arrangement in relation to proximity of pedestrian crossings and reduced the total to three equidistant; Page 195


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TRC Design Office currently investigating modifications to traffic flow at restaurant’s entry to create dedicated right hand turn and remove conflict with entry to Atherton Visitor Information Centre car park.

It should be noted by Council that complaints regarding the current Silo Road configuration have also been lodged with Council from members of the community. An example is provided in attachment 3. Council’s Infrastructure Services Support Services Design Office has now drafted a proposal that would improve traffic flow into Silo Road from the Roundabout (refer to attachment 2). Council officers are recommending to Council that public consultation occur on the proposal prior to any detailed design work being undertaken. The public consultation project will generate a public consultation report for Council’s consideration. The Design Office has undertaken an appraisal of Silo Road traffic movements, in association with the Road Safety Audit undertaken by TRC on 24/05/2013. The Road Safety Audit addresses a wide range of issues, some of which are outside of the scope of this project. The proposed road design modifications will deliver improved traffic flows and improved road safety. Notes the possible Concept Road Configuration are as follows: 1. The existing pedestrian crossing on Silo Road between Main and McConaghie Streets be removed and replaced with an upgraded Pedestrian Refuge Crossing, including central refuge island; 2. The Silo Road exit from the Robert Street roundabout become a dual lane carriageway, with turn right facility into adjacent restaurant car park and drive through, and through lane/turn left capacity for Silo Road and McConaghie Street; 3. The current entry into the TRC Visitor Information Centre car park on Silo Road south be closed off, and Silo Road pavement be widened and extended to meet McConaghie Street intersection. Entry/exit into TRC Visitor Information car park would be via McConaghie Street; 4. Linemarking on McConaghie Street and Silo Road be updated accordingly to present a more clearly defined T intersection, as well as dual lane carriageway; 5. Existing pedestrian crossings on Silo Road/Hopkins Rd intersection be retained as is; 6. The “third” pedestrian crossing at western end of Silo Road is located off road reserve. This issue has been on the Traffic Advisory Committee agenda for some time. Conducting the public consultation project will provide information required to enable Council to advance this project to the detailed design and estimation phase. No funding is currently available to construct any modifications. However preparing a detailed design and estimate will enable Council to consider funding the works in a future capital works program. The level of community engagement proposed is a combination of ‘Information’ (to provide feedback to the community and key stakeholders with balanced and objective information on decisions, policies, plans and strategies) and ‘consultation’ (To obtain feedback from the community and key stakeholders on analysis and alternatives to inform a decision). The engagement will involve seeking the opinion of local businesses and residents in the Silo Road vicinity on the possible amendment to the road configuration. Support Services officers will work with Community Services officers to prepare an appropriate engagement plan. It is hoped in Page 196


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time to improve the level of community engagement currently undertaken by Infrastructure Services. LINK TO CORPORATE PLAN Infrastructure Maintenance Ensure the region's infrastructure networks are continuously reviewed and maintained to a standard that will maximise their long term benefit to the community. CONSULTATION Internal Manager Regional Planning Manager Infrastructure Support Services Supervisor Technical Services The TRC Design Office External This report is recommending to Council that external consultation now occur on this project. LEGAL IMPLICATIONS (STATUTORY BASIS, LEGAL RISKS) Council needs to manage the risks associated with the issues raised concerning Silo Road through the Traffic Advisory Committee and by community members directly to Council. POLICY IMPLICATIONS The proposed public consultation would be undertaken in accordance with Council’s Community Engagement Policy. FINANCIAL & RESOURCE IMPLICATIONS Capital N/A Operating The cost of the proposed public consultation project will be managed within the Infrastructure Services Support Services Group operational budget. Is the expenditure noted above included in the 2014/2015 budget? No If not you must recommend how the budget can be amended to accommodate the expenditure The cost of the proposed public consultation project will be managed within the Infrastructure Services Support Services Group operational budget. IMPLEMENTATION/COMMUNICATION This report is proposing public consultation be undertaken on the possible alterations to the Silo Road configuration.

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ATTACHMENTS 1. 2. 3.

Attachment 1 – Relevant section from the TAC agenda regarding Silo Road Attachment 2 – Concept Road Configuration Attachment 3 – Email from resident.

Date Prepared:

10 September 2014

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Attachment 1 – Relevant section from the TAC agenda regarding Silo Road

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Attachment 2 – Concept Road Configuration

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Attachment 3 – Email from resident.

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Thursday 18 September 2014

WATER & WASTE ITEM-15

WATER SENSITIVE URBAN DESIGN PROJECT

DOCUMENT INFORMATION

MEETING:

Ordinary

MEETING DATE:

18 September 2014

REPORT AUTHOR/ OFFICER’S TITLE:

Ross McKim, General Manager Infrastructure Services

DEPARTMENT:

Infrastructure Services

EXECUTIVE SUMMARY Healthy Waterways, through the Water by Design Program, is working with the Reef Urban Stormwater Management Improvement Group (RUSMIG) to help to minimise the impact pollutants from urban areas have on water quality in the Great Barrier Reef through the Reef Rescue Project “Collaboration to the Rescue”. As a result, a Water Sensitive Urban Design (WSUD) Action Plan has been developed in conjunction with a number of Council officers. Please find this draft plan attached for your information. OFFICER'S RECOMMENDATION "That Council: 1.

Endorse Tablelands Regional Council’s participation in the Federal Government’s Healthy Waterways, Water by Design Program, through the Reef Rescue Project “Collaboration to the Rescue, and

2.

Endorse Tablelands Regional Council Water Sensitive Urban Design (WSUD) Action Plan."

BACKGROUND Healthy Waterways, through the Water by Design Program, is working with the Reef Urban Stormwater Management Improvement Group (RUSMIG) to help to minimise the impact pollutants from urban areas have on water quality in the Great Barrier Reef through the Reef Rescue Project “Collaboration to the Rescue”. This project is supported by Healthy Waterways through funding from the Australian Government. The aim of the project is to build the willingness and capacity of government, natural resource management groups and industry to apply smart, integrated approaches to managing water, including Water Sensitive Urban Design (WSUD), erosion and sediment control, and integrated water management. To do this, the Water by Design Program of Healthy Waterways has been delivering a range of collaborative and interdisciplinary products and services, including workshops, guidance and training.

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TRC Tablelands Regional Council - Agenda

Thursday 18 September 2014

One of the projects outcomes that has been delivered is a WSUD needs analysis to identify what is needed to build internal capacity for WSUD. This process was delivered using the Rapid Assessment of Institutional Capacity in Local Government Agencies Tool. As a result, a Water Sensitive Urban Design Action Plan has been developed in conjunction with Council officers, including Brett Nancarrow and Daniel Snelgrove. Please find this draft plan attached for your information. Tableland Regional Council is now in the process of developing a Stormwater Management Improvement Group (SMIG) to implement the action. The action plan will be used to inform land use planning, development assessment and infrastructure requirements for urban stormwater management, and the protection of water supply catchments and the natural and built environment from the adverse impacts of erosion, degradation and water supply contamination. LINK TO CORPORATE PLAN Infrastructure Maintenance Ensure the region's infrastructure networks are continuously reviewed and maintained to a standard that will maximise their long term benefit to the community. CONSULTATION Internal General Manager Community and Regional Planning Manager Regional Planning Manager Infrastructure Support Services Civil engineer Infrastructure Services External N/A LEGAL IMPLICATIONS (STATUTORY BASIS, LEGAL RISKS) N/A POLICY IMPLICATIONS N/A FINANCIAL & RESOURCE IMPLICATIONS Capital Operating N/A Is the expenditure noted above included in the 2014/2015 budget? If not you must recommend how the budget can be amended to accommodate the expenditure N/A

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TRC Tablelands Regional Council - Agenda

Thursday 18 September 2014

IMPLEMENTATION/COMMUNICATION N/A ATTACHMENTS Attachment 1 – Letter to Council from Healthy Waterways Attachment 2 – Tablelands Regional Council WSUD Action Plan Date Prepared:

8 September 2014

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TRC Tablelands Regional Council - Agenda

Thursday 18 September 2014

Attachment 1 – Letter to Council from Healthy Waterways

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TRC Tablelands Regional Council - Agenda

Thursday 18 September 2014

Attachment 2 – Tablelands Regional Council WSUD Action Plan

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