2013-06-19 ordinary meeting minutes...2013/06/19 · ordinary meeting 19 june 2013 gympie regional...

MINUTES

of the

ORDINARY MEETING

CHAIRMAN: Cr R Dyne (Mayor)

Held in the Boardroom Town Hall

2 Caledonian Hill Gympie Qld 4570

On Wednesday 19 June 2013 At 9.00 am

Ordinary Meeting 19 June 2013

Gympie Regional Council

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Gympie Regional Council ORDINARY

Mayor RJ Dyne (Chairman), Crs AJ Perrett, MW Curran, RA Gâté, LJ Friske, IT Petersen, MA McDonald, WW Sachs and JA Walker

CONTENTS:

SECTION 1: OPEN WITH PRAYER .................................................................................................. 4

SECTION 2: APOLOGIES / LEAVE OF ABSENCE............................................................................ 4

SECTION 3: CONFIRMATION OF MINUTES OF PREVIOUS ORDINARY MEETING ...................... 5

SECTION 4: PETITIONS ...................................................................................................................... 6

SECTION 5: PLANNING & DEVELOPMENT ...................................................................................... 7 5/1 DEVELOPMENT APPLICATION FOR MATERIAL CHANGE OF USE – GENERAL INDUSTRY (NUT DRYING & PACKAGING FACILITY) AT 40 – 42 EDWIN CAMPION DRIVE, GYMPIE FOR C.L.H.A PTY LTD T/A CL MACS .................................................................................................................. 7 5/2 DEVELOPMENT APPLICATION FOR MATERIAL CHANGE OF USE – COMMERCIAL PREMISES (OFFICES) AT 14 O’CONNELL STREET & 19 NASH STREET GYMPIE FOR GARUM PTY LTD ........ 25 5/3 REPRESENTATIONS FOR DEVELOPMENT APPROVAL FOR RECONFIGURING A LOT – SUBDIVISION TO CREATE FIVE (5) LOTS FROM FOUR (4) LOTS – AT GROUNDWATER ROAD, PEDERSEN ROAD & PICCADILLY DRIVE SOUTHSIDE FOR I & L LOBEGEIER ............................................................. 45 5/4 REPRESENTATIONS FOR DEVELOPMENT APPROVAL FOR MATERIAL CHANGE OF USE – MULTI- RESIDENTIAL (SECOND DWELLING) AT 7 JOHNS ROAD, SOUTHSIDE FOR P & D. DALE ............. 52 5/5 2013-00513: REQUEST FOR CONCURRENCE AGENCY ADVICE FOR PROPOSED NEW CLASS 10A CARPORT AT 14 MARLIN WAY, TIN CAN BAY OVER LOT 66 ON RP 134239 ............................. 59

LATE ITEM .......................................................................................................................................... 66 5/6 DEVELOPMENT APPLICATION FOR RECONFIGURING A LOT – SUBDIVISION TO CREATE FOUR NEW LOTS FROM FOUR EXISTING LOTS AT SANDY CREEK ROAD VETERAN FOR JOHN ANDREW ....... 66

SECTION 6: SOCIAL WELLBEING................................................................................................... 75

SECTION 7: HEALTH & ENVIRONMENT ......................................................................................... 75

SECTION 8: GOVERNANCE & ECONOMIC DEVELOPMENT ........................................................ 76 8/1 SUMMARISED BUDGET REPORT AS AT 30 APRIL 2013 ............................................................ 76

SECTION 9: INFRASTRUCTURE...................................................................................................... 78

SECTION 10: MAJOR PROJECTS & BUSINESS ACTIVITIES ..................................................... 78

SECTION 11: WASTE MANAGEMENT .......................................................................................... 78

SECTION 12: TOURISM & MARY VALLEY ................................................................................... 78

SECTION 13: GENERAL BUSINESS ............................................................................................. 79 LEAVE OF ABSENCE ........................................................................................................................... 79



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SECTION 14: IN COMMITTEE ........................................................................................................ 80 14/1 STAFF ARRANGEMENTS ........................................................................................................ 81 14/2 PROCESSING OF WASTE MATERIALS IN ASSOCIATION WITH THE REMEDIATION OF A DISUSED SAWMILL – 79 STEELE ROAD, CANINA ................................................................................... 82

SECTION 15: ATTACHMENTS ....................................................................................................... 85



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The meeting commenced at 9:01 am.

PRESENT: Mayor Cr R.J. Dyne (Chairman), Cr A.J. Perrett, Cr M.W. Curran, Cr I.T. Petersen, Cr L.J. Friske, Cr R.A. Gâté, Cr W.W. Sachs and Cr J.A. Walker.

Also in attendance were Chief Executive Officer (Mr B.J. Smith),

Director Corporate Governance\Deputy CEO (Mr C. Manson), Director Engineering Services (Mr B. Fredman), Director Infrastructure Services (Mr D. Scordalides), Director Corporate and Community Services (Mr C. Young), Manager Development and Compliance (Mrs T. Stenholm), Compliance Co-ordinator (Mr N. Wilbraham), Planning Assistant – Technical Officer (Mrs K. Fuller), and Minutes Clerk (Miss A. Dunkley).

DECLARATIONS OF INTEREST BY COUNCILLORS

SECTION 1: OPEN WITH PRAYER Pastor Rick Roberts from Gympie Christian Family offered a Prayer for

the advancement of the Region and the true welfare of its people. One Minute’s silence was observed for family and friends of deceased

residents of the Region. SECTION 2: APOLOGIES / LEAVE OF ABSENCE

Leave of Absence - Cr M.A. McDonald – M49/05/13



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SECTION 3: CONFIRMATION OF MINUTES OF PREVIOUS

ORDINARY MEETING

M01/06/13 Moved: Cr R.A. Gâté Seconded: Cr J.A. Walker That the Minutes of the Gympie Regional Council Ordinary Meeting held on 29 May 2013 be taken as read and confirmed.

Carried

M02/06/13 Moved: Cr I.T. Petersen Seconded: Cr A.J. Perrett That the Minutes of the Gympie Regional Council Special General Meeting held on 12 June 2013 be taken as read and confirmed.

Carried



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SECTION 4: PETITIONS



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SECTION 5: PLANNING & DEVELOPMENT

5/1 Development Application for Material Change of Use – General

Industry (Nut Drying & Packaging Facility) at 40 – 42 Edwin Campion Drive, Gympie for C.L.H.A Pty Ltd T/A CL Macs PORTFOLIO: Planning and Development

DIRECTORATE: Planning and Development

AUTHOR: Planning Officer – S. Court DOC ID: 2013-0185

LINK TO CORPORATE / OPERATIONAL PLAN:

Operational Plan – Program 2 – Economic Development, 2.3.2 Development Assessment and Applications

1.0 BACKGROUND & PREVIOUS COUNCIL CONSIDERATION Nil.

2.0 REPORT FILE NO: 2013-0185 APPLICANT: C.L.H.A Pty Ltd T/A CL Macs RPD: Lots 25 & 26 SP140718

SITE ADDRESS: 40 – 42 Edwin Campion Drive, Gympie

CURRENT USE OF LAND: Vacant PROPOSAL: General Industry (Nut Drying &

Packaging Facility) EXISTING ZONE: Industry



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2.1 INTRODUCTION 2.1.1 The Proposal

This application seeks Council’s approval for a material change of use for a general industry (nut drying and packaging facility) over two (2) Industry zoned titles on Edwin Campion Drive, Gympie.

The development proposes the construction of a macadamia nut drying and packaging facility. The macadamia nuts are to be delivered in bulk in tipper trucks or 1 tonne bags to the site. The nuts will be



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dried in their shells and will have had their fibrous outer husk removed off site. The nuts will then be bulk packed into 20kg bags and transferred off site for further processing. No retail sales are proposed as part of this application. The maximum building height, above finished ground level, of the nut drying and packaging building is to be 10.4 metres. Operating hours are proposed to be from 7.00am to 4.00pm five (5) days a week. The drying system proposed to operate in the building will be automated and will be able to be remotely monitored and controlled. The applicant has advised that peak season is between May to July when one (1) to three (3) trucks a day will visit the site. Off peak season will have one (1) truck visit the site per day. There will be no deliveries at the end of the season, being between November and February. The facility is setback six (6) metres from Edwin Campion Drive and 0.9 metres from the eastern side boundary adjacent to Ultra Tune. The proposed building will have solid concrete block and insulated panel internal walls.



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2.1.2 Site Description

The site comprises of one (1) rectangular lot and one (1) irregular shaped lot located on the southern side of Edwin Campion Drive. Both lots are currently vacant. Edwin Campion Drive is a constructed road and forms the northern boundary of the site. The unconstructed Eldorado Road corridor forms the southern boundary of the site. The site is relatively level and slopes gently down to the southern boundary where the site falls away to unconstructed Eldorado Road. A stormwater easement and drain crosses the western portion of the site. The total area of the two (2) lots is 2 644m2 and is approximately 4.08km from the major centre of Gympie and 54 metres from the Bruce Highway.

2.1.3 Surrounding Land Uses

The land uses which surround the site include predominately industrial and commercial development. The site is adjacent to Ultra Tune to the east of the site and a vacant industrial lot to the west. Harvey Norman warehouse is to the north of the site and Bunnings warehouse has been approved to the south. There is residential development 272 metres south of the proposed use and 99 metres to the west of the site over the Bruce Highway.

2.1.4 Site History

The subject site was created through a previous subdivision approval (DA01031) to create 40 lots over two (2) stages. The lots were intended to be used for industrial purposes. However, a number of the lots have been approved for commercial uses such as Harvey Norman warehouse, BCF and Lincraft.



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2.2.0 STATUTORY REQUIREMENTS

2.2.1 Intent of the Zone

The development site is zoned Industry where it is intended that: “(i) Gympie is the major industrial area for the Shire and surrounds;

and (ii) a range of industrial uses are located in accordance with the

preferred use areas;”



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The proposal satisfies this intent as the proposed use is General Industry. Additionally, the site is also in close proximity to the Bruce Highway. However, it is important to note that the site is proposed to be zoned ‘Specialised Centre’ in the ‘Monkland Showroom Precinct” of the draft planning scheme (to be discussed later in the report). Therefore, the proposal is in conflict with Council’s future intention for this area.

2.2.2 Compliance with the Planning Scheme (a) Scheme Definition

General Industry is defined as: “the use of premises for any industrial activity that is not an extractive industry, a low impact industry, rural industry or a special industry. The term includes operating a workshop for carrying out motor vehicle mechanical or panel repairs. The term also includes the sale of goods resulting from, and administration work connected with, the operations provided that such sales and administration space is not more than 20% of the total use area”



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(b) Development Provisions Under the Cooloola Shire Council 2005 Planning Scheme, a material change of use for General Industry (nut drying and packaging facility) is ‘Code Assessable’ development against the codes outlined below: Gympie Planning Area Code The proposed development is consistent with some of the overall outcomes sought for the Gympie Planning Area with the exception of those relating to effects of use and provision and effects of works. Specific Outcome 3 Gympie Planning Area Code (Industry) requires that uses are located and designed to avoid significant adverse changes to the acoustic environment of adjoining and surrounding premises. A noise assessment compiled by a suitably qualified professional to assess all potential noise sources from the development including information outlining the times, duration and estimated volume of noise to be generated from the unloading/loading and processing of macadamia nuts was requested. In addition to this, considerations were to be given to the design of the building to reduce noise impacts and any other planned operational measures to be implemented to reduce the development’s potential noise impacts. An acoustic report was compiled by TTM dated 13 May 2013 and considered the following: - Prediction of noise produced by the development onto nearby

sensitive receivers e.g. commercial uses to the east and west, Harvey Norman and residential dwellings south of the site.

Recommendations for attenuation measures as suggested in section 6 of the report include: - Macadamia nut deliveries should occur between the hours of

7am – 6pm; - Surface finish of hardstand for grade must be low-squeal i.e. no

polished or painted concrete etc; - No metal speed bumps, and should be built into the finished

surface of the car park; and - Any grates or other protective covers in the car parks and

access driveways must be rigidly fixed in position to eliminate clanging.



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It is anticipated that the existing commercial and retail uses will have minimal disruption as a result of the development for the following reasons: - The business currently operates in Cooroy on the Sunshine

Coast. The Sunshine Coast Regional Council has advised that very few minor complaints have previously been received by the surrounding residential properties in this area;

- The peak macadamia nut season (May – July) is outside of the peak retail season which is typically being between November to February;

- The off-peak season is between November and February, considered to compliment the peak retail season;

- The Applicant proposes that there will be a maximum of three (3) deliveries a day during the peak season and unloading lasts each for a maximum of 30 seconds. Therefore, it is considered that as the noise from unloading the macadamia nuts will last for a maximum of 1.30 minutes a day this will also have a minimal effect on surrounding land uses; and

- Conditions as part of the approval relating to the attenuation measures discussed above will assist in providing a noise sensitive development for surrounding land uses.

Therefore, it is considered that outcomes relating to noise can be managed through appropriate conditions to comply with Specific Outcome 3 of the Gympie Planning Area Code. Specific Outcome 12 requires that: “Buildings, structures, works and use areas are appropriately sited with respect to boundary setbacks to protect the privacy and access to natural light and breeze of adjoining and surrounding premises, and allow the provision of landscaping.” The eastern side boundary setback of 0.9 metres does not comply with Probable Solution 12 of the Gympie Planning Area Code. A minimum of three (3) metres from all side and rear boundaries is required. Comments provided from the applicant to justify this area of non-compliance include:

“A reduced setback is requested for the side boundary based on: • Site located in an industrial zone. • Surrounding development in the area does have minimal setbacks. • Adjoining sites will most likely be developed for showroom or

industrial purposes and have minimal setbacks.”



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Given that there is an existing general industry adjoining the site to the east (Ultra Tune) and the proposed wall is a tilt up concrete panel, non-compliance of the side boundary setback with Probable Solution 12 of the Gympie Planning Area Code from 3 metres to 0.9 metres in this instance is supported. All other outcomes can be managed through appropriate conditions. Erosion & Sediment Control Code Appropriate conditions can be included to address the code should the application be approved. Infrastructure Works Code The site is connected to reticulated water and sewerage and has access to electricity and telecommunications infrastructure. The Infrastructure Charge for this development, based on Council’s newly adopted Infrastructure Charges Resolution, is $29,800 comprising $8,940 for water, $5960 for sewerage and $14,900 for transport. Landscaping Code The site plan submitted with the application provides indicative landscaping areas along all boundaries. There is sufficient area on site to achieve adequate landscaping as required by the Landscaping Code to provide an attractive streetscape. Further detailed landscaping plans nominating species, density etc. will be required to be submitted in conjunction with a compliance assessment. Vehicle Parking & Access Code Specific Outcome 1 of the Vehicle Parking and Access Code requires that “Adequate parking is provided to meet the needs of occupants, employees, visitors and other users.”

Probable Solution 1(a) requires that ‘vehicle parking spaces are provided on-site in accordance with Schedule 10 Minimum Vehicle Parking Requirements’.

A general industry use requires 2 spaces per tenancy and one (1) carparking space per 100m2 of GFA.



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The development proposes one (1) tenancy and the proposed GFA of the nut drying and packaging facility is 1 192m2. This equates to 14 car parking spaces. The development complies with this requirement as it proposes to provide 14 car parking spaces (including one (1) accessible carparking space) in total.

2.2.3 Local and/or State Planning Polices

No State Planning Policies are considered relevant to the application.

2.3 OTHER PLANNING CONSIDERATIONS 2.3.1 Draft Gympie Planning Scheme Council’s draft planning scheme to commence on 1 July 2013 includes the site in the ‘Specialised Centre’ zone in the ‘Monkland Showroom Precinct’.

The intention of this zone is to provide “for one (or more) specialised uses”. The specific focus and the purpose of the Monkland Showroom Precinct is to accommodate “bulky goods showrooms, retail warehouses and ‘big-box’ retail uses that benefit from highway exposure and are constrained by lot size requirements from establishing in other areas of Gympie.”



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General Industry (nut drying and packaging facility) would be defined as “Medium Impact Industry” and would be impact assessable. The proposed use may have difficulty in complying with the performance outcomes envisaged for the Specialised Centre zone. Despite this, the building and site presentation proposed is of a high standard for industrial development and the noise report submitted indicates that subject to some minor restrictions minimal impacts on nearby sensitive uses in the area will occur. 2.3.2 Impact on Amenity Given the number of expected maximum deliveries (three (3) between May to July), no deliveries expected during November to February and the length of the unloading process (maximum 30 seconds), the development is expected to have a minimal impact on the existing amenity of the area. It is recommended that the attenuation measures as recommended in the acoustic report discussed above be provided through conditions of any approval to protect amenity. 2.3.3 Site Access and Traffic One (1) access point is proposed for the development site off Edwin Campion Drive. The application was referred to the Department of Transport and Main Roads as a concurrence agency. Conditions required to be satisfied are discussed below. The proposed use will generate additional traffic and a contribution for this is justified. 2.3.4 Flooding There are no flooding issues related to the development site. 2.3.5 Utilities and Services The site is serviced by reticulated water and sewerage infrastructure. 2.4 PUBLIC NOTIFICATION The application was not required to be advertised for public comment in accordance with the requirements of the Sustainable Planning Act 2009.



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3.0 BUDGET IMPLICATIONS

Nil.

4.0 POLICY IMPLICATIONS The development is consistent with Council’s current planning scheme

but may pose some conflicts with Council’s Draft Planning Scheme to commence on 1 July 2013.

5.0 CONSULTATION

5.1 Internal (a) Engineering Directorate

Report: (Design Department Technical Officer – A.C. Walsh)

Design Department have provided conditions to be included should the application be approved.

(b) Environment Health

Conditions have been provided by Council’s Environmental Health Unit to be included in any approval.

5.2 External CONCURRENCE AGENCIES (a) Department of Transport and Main Roads (DTMR) The proposal required referral to DTMR as the development was within 100 metres of a state-controlled road. This Agency only requires the development to comply with the plan submitted with the application. 6.0 CONCLUSION

The proposal for general industry (nut drying and packaging facility)

involves a material change of use application.

The site is currently included in the “Industry” zone where the use is considered to be appropriate.



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The development may pose some conflict with Council’s draft planning scheme which includes the site in the ‘Specialised Centre Zone (Monkland Showroom Precinct), where “bulky goods showrooms, retail warehouses and ‘big-box’ retail uses that benefit from highway exposure and are constrained by lot size requirements from establishing in other areas of Gympie.” Given the standard of the building, site presentation and the development’s minor impact on noise in the area, it is considered appropriate for approval. 7.0 ATTACHMENTS

Nil.



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M03/06/13 Moved: Cr I.T. Petersen Seconded: Cr A.J. Perrett That Council, as Assessment Manager, APPROVE development

application 2013-0185 for Material Change of Use – General Industry (Nut Drying & Packaging Facility) on Lots 25 and 26 SP140718 located at 42 Edwin Campion Drive, Monkland, subject to the following conditions:

Conditions to be Satisfied Prior to Commencement of the Use

1. Infrastructure charges are payable as follows:

Infrastructure Item

Current Amount

Water $8, 940 Sewerage $5, 960 Urban Roads $14, 900 TOTAL $29, 800

but will be subject to indexation annually from 1 July 2014.

2. Prior to commencement of site works, an application for

compliance assessment is to be submitted and approved by Council for the proposed access, internal driveways, car parking and stormwater drainage for the development demonstrating compliance with relevant conditions of this approval.

3. Undertake at no cost to Council, the alteration of any public

utility mains (eg. Electricity, water, sewerage, gas etc.) or other facilities necessitated by the development of the land or associated construction works external to the site.

4. Provide at least 14 off-street car parking spaces (including

access and manoeuvring areas). 5. The designated accessible car parking bay(s) must comply

with the requirements of AS 2890.6, particularly, but not limited to, gradient, dimensions and signage.

6. Car parking and access areas shall be sealed pavement

and designed, drained, constructed and maintained in accordance with Council’s Vehicle Parking and Access Code. Parking bays are to be graded to ensure the overland flowpath through Easement B SP140718 remains contained within the easement.



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7. Access to the development is to be constructed in accordance with the requirements of Council’s Infrastructure Works Code – Drawing No R-05 and the Driveways and Crossovers Code where relevant.

8. Existing invert cross-overs to Lots 25 and 26 SP140718 are

to be removed and replaced with barrier kerb and the verge reinstated and grassed.

9. The maximum height of the proposed building is not to

exceed 10.4 metres or 2 storeys in height. 10. (i) Connection is to be made to Council’s existing Water

Supply and Sewerage reticulation systems, including the provision of a back flow device, at no cost to Council. Connection shall be in accordance with a permit for Plumbing and Drainage Work approving the required hydraulic plans and specifications, as prepared by a recognised building hydraulics engineer, for such works.

(ii) The backflow prevention device is to be maintained and tested in accordance with Council’s approval.

11. (i) Landscaping is to be undertaken in the areas

indicated on the proposal plans. (ii) Prior to commencement of the work a properly

prepared Landscape Plan in accordance with Council’s Planning Scheme Policy 4: Landscaping is to be submitted to and approved by Council’s Chief Executive Officer. The landscape plan is to denote areas of existing vegetation and/or existing trees proposed to be retained.

(iii) Landscaping works are to be completed in accordance with the approved landscape plans.

12. The surface finish of the hardstand for all trafficable areas

must be low squeal i.e. no polished or painted concrete. 13. No metal speed bumps are to be built into the finished

surface of the car park. 14. Any grates or other protective covers in the car parks and

access driveways must be rigidly fixed in position to eliminate clanging.



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15. The building must be constructed using the recommended treatments proposed in Table 5: Recommended Building Construction of the Environmental Noise Assessment report compiled by ttm and dated 13 May 2013.

16. Roof and surface water is to be collected on site and

discharged through an underground drainage line and discharged adjacent to the existing stormwater headwall located at the south-western corner of Lot 26 SP140718.

17. The method of treatment of stormwater runoff from and

through the site shall be designed and constructed in accordance with Council’s Infrastructure Works Code.

18. All cleared vegetation is to be suitably processed or

removed from the site at no cost to Council. Prior to the commencement of clearing works on site the preferred means of disposal of cleared vegetation is to be approved by Council’s Chief Executive Officer. The following means of disposal are acceptable, but are not limited to:

(i) Processing through a woodchipper. (ii) Disposal for firewood. (iii) Disposal for landscaping. (iv) Transport to alternative site for breaking down materials. Burning off is not an acceptable means of disposal and will

not be approved. Note: Bulk green waste is no longer accepted at any Council

landfill site. 19. All lots that form part of this Development Application are to

be amalgamated in Title. Such amalgamation does not require development approval.

20. Any plans for operational works, water supply and sewerage

works, drainage works and street lighting required by this development permit, are to be surveyed, designed and constructed in accordance with Council’s Infrastructure Works Code.



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Conditions Applicable to the Ongoing Use

21. The development shall be generally in accordance with the plans submitted with the application:

Drawing Title Drawn By Date

Proposal Plan, D-C01481-01-F, Sheet 1 of 3

Martoo Consulting 14/02/2013

Elevations, D-C01481-01-F, Sheet 2 of 3


Elevations, D-C01481-01-F, Sheet 3 of 3


22. No materials are to be stored outside of the building.

23. Operating hours for the general industry premises are to be

restricted to Monday to Friday, 7:00am to 4:00pm. 24. Macadamia nut deliveries are to occur only between the

hours of 7am to 6pm Monday to Friday. 25. Deliveries of macadamia nuts to the site per day are

restricted to a maximum of three (3). 26. The landscaping shall be maintained (watering, fertilising,

mulching, weeding, and the like) at all times. 27. Waste water and other liquid wastes are not to be released

to stormwater drainage systems, stormwater, groundwater or discharged to waterways.

28. All advertising signs and devices are to be within the

property boundary and shall comply with the relevant provisions of Council’s Advertising Devices Code as applicable.

Note: Advertising devices may necessitate the requirement of a Development Permit.

29. Loading/unloading operations shall be conducted within the

site and vehicles waiting to be loaded/unloaded shall stand entirely within the site.

30. Any discharges of Trade Waste generated by the

development approved herein shall be treated in accordance with Council’s Trade Waste Environmental Management Plan.

Carried



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5/2 Development Application for Material Change of Use – Commercial

Premises (Offices) at 14 O’Connell Street & 19 Nash Street Gympie for Garum Pty Ltd PORTFOLIO: Planning and Development


AUTHOR: Planning Officer – K. Fuller DOC ID: 2011-1837


Operational Plan – Program 2 – Economic Development,

2.3.2 Development Assessment and Applications

1.0 BACKGROUND & PREVIOUS COUNCIL CONSIDERATION Nil.

2.0 REPORT FILE NO: 2011-1837 APPLICANT: Garum Pty Ltd as trustee for Tricos

Trust RPD: Lot 4 RP64627 & Lot 83 RP898410 SITE ADDRESS: 14 O’Connell Street & 19 Nash

Street Gympie CURRENT USE OF LAND: Residential (Lot 4) & Vacant (Lot

83) PROPOSAL: Material Change of Use -

Commercial Premises (Offices) EXISTING ZONE: Housing (Lot 4) & Commercial

(Lot 83) LEVEL OF ASSESSMENT: Code (inconsistent) in Housing

Zone APPLICATION ADVERTISED: n/a SUBMISSIONS RECEIVED: Nil



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Application is made for a new commercial office building over two lots fronting Nash Street and O’Connell Street. The proposal involves removing the existing dwelling house and outbuildings and constructing a two storey office building to cater for eight (8) tenancies. At this stage the proposed tenants are unknown.

The building facade fronting Nash Street will be stepped and proposes a setback varying from four (4) metres to nine (9) metres. Maximum height above natural ground level from the Nash Street frontage varies from 9.5 to 10.5 metres to accommodate the skillion roof line.



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It is proposed for access to the site to be entry only from Nash Street and entry/exit from O’Connell Street.

A gross floor area of approximately 1108m2 (excluding stairwells, lifts

and foyer area) is proposed.

Proposal Plans



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29



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2.1.2 Site Description The development is over two (2) sites, 14 O’Connell Street and

19 Nash Street.



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The site fronting O’Connell Street is improved by a dwelling and associated outbuildings and the site fronting Nash Street is improved by a garage and carport. The topography of the site from Nash Street falls gradually from east to west.

2.1.3 Surrounding Land Uses Surrounding development is predominately commercial in nature

however the Zion Retirement Village and a dwelling house directly adjoining the sites to the east.

2.1.4 Site History Nil 2.2.0 STATUTORY REQUIREMENTS


The intent of the Commercial Zone is to provide for the retail, business, commercial, administrative, service industrial and other needs of residents of and visitors to Gympie and the surrounding areas. The intent of the Housing Zone is for a range of housing forms to be available and for non residential uses to serve the needs of local communities and which are located and managed to protect the existing amenity of residential uses. The draft Gympie Regional Planning Scheme proposes to include the sites and surrounding lots in the ‘District Centre’ Zone. The intent of the District Centre zone is: ‘The purpose of the zone is to provide for a mix of uses and activities. It includes a concentration of land uses including retail, commercial, residential, offices, administrative and health services, community, small-scale entertainment and recreational facilities capable of servicing a district.’



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Cooloola Shire 2005 Planning Scheme Zones

Draft Gympie Regional Planning Scheme Zones

2.2.2 Compliance with the Planning Scheme (a) Scheme Definition

Commercial Premises is defined as: “means the use of premises, not elsewhere defined, for: (a) administration, clerical or technical activities, or for conducting a

business or a professional practice; or (b) medical, health, personal or related services of a commercial

nature, excluding the provision of overnight accommodation; or

Subject Sites



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(c) the administrative functions of a public sector entity; or (d) other activities, not being an industrial activity, conducted for

commercial gain.”

(b) Development Provisions Under the Cooloola Shire Council 2005 Planning Scheme, Commercial Premises are ‘Code Assessable’ development against the codes outlined below: Gympie Planning Area Code The proposed development is consistent with the overall outcomes for the Commercial Zone of the Gympie Planning Area. Several uses are listed in the Code as being inconsistent and these include commercial premises in the Housing Zone. Given the existing development pattern of the surrounding area and Council’s future direction for the area as a ‘District Centre’, the use of a commercial premise can be considered as consistent and appropriate for this site. The proposal exceeds the maximum height above natural ground level prescribed for the Commercial Zone of 10 metres as the building height varies from 9 to 10.5 metres to accommodate the roofline. This non-compliance is accepted as the additional 0.5m only applies to a small portion of the roof until the angle of the roofline reduces to the complying height. The planning scheme nominates setbacks of 6m from road frontages, 2m for side boundaries and where adjoining residential 5m. The proposal does not meet these setbacks. The western side setback adjoining the existing commercial building is proposed to be 0.0m to 0.1m. The adjoining building is located close to the boundary with a spoon drain located on the boundary to accommodate its roof/stormwater. The request to reduce the building setback on the western boundary is accepted, however a condition should be included requiring the developer to consult the adjoining property owner in regard to the long term maintenance of downpipes and stormwater arrangements on their building as the proposed separation distance will not allow physical access between the buildings. Specific outcome 10 requires the building to include pedestrian linkages between buildings and the street. As pedestrian access has not been shown on the proposal plans a condition should be included to require pedestrian access to be provided from Nash Street and O’Connell Street. It is noted that this may necessitate amendments to the building layout to ensure appropriate car parking numbers and



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landscaping are still provided in accordance with Council’s planning scheme requirements. Erosion and Sediment Control Code Appropriate conditions can be included at the operational works stage to address the code. Infrastructure Works Code The site is connected to reticulated water and sewerage and has access to electricity and telecommunications infrastructure. The Infrastructure Charge for this development, based on Council’s newly adopted Infrastructure Charges Resolution, is $48,060 comprising $14,418 for water, $14,418 for sewerage and $19,224 for transport. Landscaping Code The Code specifies a minimum 2 metre, averaging 3 metre wide landscaped strip along road frontages and any boundary adjoining a dwelling house. The plans submitted with the application do not provide any indicative landscaping areas. Council raised a concern as part of the information request that the amended layout reduces the available area for landscaping particularly to the road frontages. A concept landscaping plan was requested to demonstrate how the use of landscaping would reduce the impact of the bulky building and provide for an attractive streetscape. The applicant’s response indicates the building is appropriately scaled and that the reduced space will be effectively landscaped using screen elements and planting. The justification to reduce landscaping is not accepted and amended plans should be submitted to Council prior to lodging a development application for building work to demonstrate at least a minimum two (2) metre wide landscaping strip along each road frontage. This will require the refuse bin area to be setback behind the landscaping on O’Connell Street and the rainwater tank and mechanical plant re-located from the Nash Street frontage. Further detailed landscaping plans nominating species, density etc. will be required to be submitted in conjunction with the operational work phase. Vehicle Parking and Access Code Probable Solution 1(a) requires that ‘vehicle parking spaces are provided on-site in accordance with Schedule 10 Minimum Vehicle



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Parking Requirements’. A Commercial Premises requires 3.5 spaces per 100m2 of GFA. The GFA proposed is 1 108m2. This equates to at least 39 car parking spaces required for this component. The draft planning scheme requires car parking to be provided at a rate of 1 space per 30m2 of GFA. Using this method the proposed 37 spaces are adequate. Amendments to the building layout may be required to accommodate landscaping areas, pedestrian access and mechanical plant etc. A condition should be included to require car parking to be provided at a rate of 1 space per 30m2 of GFA rather than nominating a specific number.

2.2.3 Local and/or State Planning Polices Nil

2.3 OTHER PLANNING CONSIDERATIONS 2.3.1 Appropriateness of the Proposal Council’s draft planning scheme to be introduced in July includes the site in the ‘District Centre’ Zone. Given Council’s future intentions for this area the proposed use is considered appropriate for the site. 2.3.2 Impact on Amenity The proposed building is two storey and is considered to be of a large scale which will have an impact on the amenity of the surrounding area particular the residential development to the east. The scale is consistent with future intentions for the area and potentially surrounding properties could be developed to a similar scale. The building has been sited to ensure an approximate setback of seven (7) metres is provided from the adjoining retirement complex. 2.3.3 Site Access and Traffic Proposed vehicle access is entry only from Nash Street and entry/exit from O’Connell Street. Two existing car parking spaces will be required to be removed from O’Connell Street to achieve adequate sight visibility for the new access.



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2.3.4 Flooding The site is not affected by flooding.

2.4 PUBLIC NOTIFICATION Due to the level of assessment for this proposal formal public notification was not required. Adjoining residents were given the opportunity to comment on the proposal. No submissions were received.


Nil.

4.0 POLICY IMPLICATIONS The development is consistent with Council’s future planning

intentions for the area.

5.0 CONSULTATION

5.1 Internal (c) Engineering Directorate

Report: (Design Services Civil Technician – BJ Plate) This engineering report is based on correspondence and attached design drawings submitted to Council from Martoo Consulting Pty Ltd and Dimond Architects Pty Ltd. FRONTAGE ROADS The proposed development has frontage to Nash Street and O’Connell Street. Both streets are fully constructed with bitumen carriageway, street parking and kerb & channel and footpath. ACCESS & PARKING The proposed vehicular access to the development site are entry only from Nash Street and entry / exit from O’Connell Street. The existing driveway overbridge in Nash Street will be required to be removed. The two existing car parks in O’Connell Street are to be removed in order to provide safe sight visibility of the new access. Pedestrian access, from Nash and O’Connell Streets will require separate entry and exits from that of vehicular entrances and exits, as per AS2890.1 4.1.1. Due to the steep topography of O’Connell Street,



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the existing footpath is located directly at the back of the kerb and incorporates a rock retaining structure within the road verge. Concrete stairs with a rock retaining structure provide current pedestrian access to the site from O’Connell Street. Nash Street pedestrian access is via stairs located within a retaining wall without a concrete link to the existing footpath. Please note that it appears that the existing retaining wall of the site fronting Nash Street is located on road reserve. The proposed car parking layout allows for refuse truck entry from Nash Street and exit onto O’Connell Street in a forward manner. WATER SUPPLY Water service is currently supplied to the site form Nash Street and O’Connell Street. For the proposed development, one service with a master meter should be installed for the development with individual meters installed to each user.

SEWERAGE The subject site is currently serviced by sewerage. The existing dwelling on 14 O’Connell Street (part of the development site) and the upstream neighbouring dwelling on 12 O’Connell Street are both connected to sewer via a house connection branch arrangement direct to the main gravity sewer line that traverses both properties. The sewer house connection branch for 14 O’Connell Street is to be abandoned and a new sewer design is required to connect 12 O’Connell Street. An existing sewer main tracks along the verge on Nash Street. A sewer design for the commercial office building is required. A building over sewer application may be required, subject to final design. STORMWATER MANAGEMENT The existing site stormwater discharge is via a open grass swale drain to O’Connell Street and open concrete spoon drain to Nash Street located along the lower western side of the site. It is anticipated that the concrete spoon drain will be retained and that the existing grass swale drain and the easement over will be abandoned. A stormwater management plan and design are required for the Commercial Development in accordance with the requirements of PSP8 and QUDM, including the demonstration that post-development stormwater flows will be no greater than pre-development stormwater flows for peak major storm event of 1 in 100 years.



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Please note the minimum of Level IV Roof and Allotment Drainage is required for Commercial Developments. OTHER SERVICES Electrical and communication services are to be provided at the applicants expense. Street lighting is adequate at this location. 5.3 External Nil

6.0 CONCLUSION The proposal is for a commercial premises for professional offices

over two sites. The two storey building is to be located predominantly on the site fronting Nash Street with the car parking located off O’Connell Street. The sites are currently included in the Commercial Zone and Housing Zone however given the surrounding land use and zoning the proposal is considered to be appropriate for this site. This is further supported by Council’s draft planning scheme which includes the site in the ‘District Centre’ Zone. Some amendments to the building layout are required to ensure appropriate landscaping to the streetscape, adequate car parking and pedestrian access are provided.

7.0 ATTACHMENTS

Nil.



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M04/06/13 Moved: Cr I.T. Petersen Seconded: Cr R.A. Gâté That Council, as Assessment Manager, APPROVE development

application for Material Change of Use – Commercial Premises (Offices) on Lot 4 RP64627 and Lot 83 RP898410 located at 14 O’Connell Street and 19 Nash Street Gympie subject to the following conditions:

Section 1 Conditions to be satisfied prior to commencement of

the use 1.1 Prior to lodging a development application for operational

work detailed plans, including elevations, incorporating the following amendments are to be submitted to Council for endorsement: (a) details of design features and treatment (ie use of

materials, colours etc) for the blank wall located on the western boundary;

(b) legible pedestrian entrances from Nash Street and O’Connell Street;

(c) re-locate water tanks and mechanical plant from the Nash Street frontage, or alternatively integrate these features into the building.

(d) provide a two (2) metre wide landscaping strip along Nash Street and O’Connell Street frontages. Note: the refuse storage area is to be located behind the landscaping strip.

(e) the proposed retaining wall along the eastern boundary

is to be located as close to the existing retaining wall as practical to avoid a space between the two retaining walls.

Note: These amendments may necessitate changes to the building layout and a reduction in gross floor area.

The approved plans once endorsed by Council shall become part of this development permit.

1.2 Prior to lodging a development application for building work

submit to Council details of an agreement with the appropriate representative for the adjoining development on 21 Nash Street regarding long term maintenance of the eastern wall, downpipes, and stormwater drain given the minimal separation distance between the buildings.



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1.3 The development herein approved may not start until: (i) the following development permits have been issued

and complied with as required - (a) Development Permit for Building Work (demolition

of existing structures) (b) Development Permit for Building Work (new

building) (c) Compliance Permit for Plumbing & Drainage Work

(disconnection and capping at the main of existing water services, disconnection of plumbing fixtures and house connection branch arrangement, provide a new sewer connection and house drain for 12 O’Connell Street)

(d) Compliance Permit for Plumbing & Drainage Work (new building)

(e) Development Permit for Operational Work (site works, accesses, carparking, sewer main construction, footpaths (reinstatement), retaining walls, stormwater drainage and landscaping) and

(ii) development authorised by the above permits has been completed to the satisfaction of Council’s Chief Executive Officer.

1.4 Infrastructure charges are payable as follows:

Infrastructure Item Current Amount Water $14, 418 Sewerage $14, 418 Urban Roads $19, 224

TOTAL $48, 060

but will be subject to indexation annually from 1 July 2014. 1.5 All lots that form part of this Development Application are to

be amalgamated in Title. Such amalgamation does not require development approval.

1.6 All night lighting must be designed and constructed so that

light emitted from the subject land does not, cause nuisance or annoyance to residents or traffic in the immediate vicinity as required by the relevant Australian Standard for outdoor lighting.

1.7 Connection is to be made to Council’s existing Water Supply

and Sewerage reticulation systems at no cost to Council. 1.8 The following items are to be provided and maintained in

accordance with the Environmental Protection (Waste



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Management) Regulation 2000 and to the satisfaction of Council’s Chief Executive Officer: (i) approved refuse containers determined in accordance

with Council’s Rating Policy. (ii) a centralised refuse storage enclosure comprising an

imperviously paved area provided with a hose tap and hose; and

(iii) drainage designed to prevent stormwater entering Council’s sewer.

1.9 No earthworks or filling works are to be undertaken prior to the

issue of a Development Permit for Operational Works. 1.10 A water meter shall be installed to the development to the

satisfaction of Council’s Chief Executive Officer. Note: If intending to subdivide the development via a building format plan, a master water meter is to be installed to service the full development with individual meters installed to each proposed lot to the satisfaction of Council’s Chief Executive Officer.

1.11 Easements for drainage purposes are to be surveyed and

registered in favour of the downstream property at no cost to the downstream property owner. Specific requirements are to be confirmed with Council’s Chief Executive Officer prior to cadastral survey and at completion of engineering design approval process and Council’s standard easement documentation must be used for this purpose. A solicitor’s undertaking (or alternative suitable to Council) shall also be submitted confirming the easement documents will be submitted with the Plan Registry Authority in conjunction with the Plan of Survey.

1.12 Interallotment drainage is to be provided as the lay of the

land dictates such that no property is adversely affected from flows onto or discharges to any new proposed or existing lot.

Section 2 Conditions Relevant to the Issue of a Development

Permit for Operational Works (site works, accesses, car parking, sewer main construction, footpaths (reinstatement) retaining walls, stormwater drainage and landscaping)



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Stormwater 2.1 Roof and surface water is to be collected on site and

discharged through an underground drainage line and connected into existing drainage in Nash Street and O’Connell Street via kerb adaptors.

2.2. Kerb adaptors are to be installed in the existing kerb and

channel fronting Nash Street and O’Connell Street in accordance with the requirements of IPEAQ – Std Dwg No SEQ-081.

2.3 A master stormwater drainage plan is to be prepared and

submitted with a development application for operational work to address the impact of the proposed development on the existing stormwater drainage in the area, including upstream and downstream of the site.

2.4 The method of treatment of stormwater runoff from and

through the site shall be designed and constructed in accordance with Council’s Infrastructure Works Code.

2.5 A Registered Professional Engineer of Queensland is to

demonstrate the post-development stormwater flow is not greater than pre-development stormwater flows for a Major Storm Event with an Average Recurrence Interval of 100 years which may require a detention system design.

Sewerage 2.6 The sewer is to be relocated and a new sewer design is

required for the development site. Car Parking and Access/Exit Driveways 2.7 Accesses to the development are to be constructed in

accordance with the requirements of Council’s Infrastructure Works Code – Drawing No R-05.

2.8 The existing concrete overbridge crossover in Nash Street is

to be removed and the carriageway reinstated accordingly. 2.9 The existing access in O’Connell Street is to be removed

with replacement of kerb & channel, footpath, rock retaining wall, turf and road surface constructed accordingly.



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2.10 The two (2) existing on-street car parking bays adjacent to the frontage of the site in O’Connell Street are to be removed.

2.11 Car parking and access areas shall be sealed pavement and

designed, drained, constructed and maintained in accordance with Council’s Vehicle Parking and Access Code and Planning Scheme Policy 8.

2.12 Off-street car parking is to be provided at a rate of 1 space

per 30m2 of gross floor area. Note: Final numbers cannot be determined until condition 1.1 has been satisfied.

Landscaping 2.13 Landscaping is to be provided as follows:

(i) a minimum two (2) metre wide strip along each road frontage exclusive of driveways;

(ii) a minimum two (2) metre wide strip along the eastern boundary between the proposed retaining wall and driveway.

(iii) Landscaping is to be three (3) tiered and comprise of groundcovers, shrubs and trees;

(iv) A minimum of 70% of species are to be listed in Planning Scheme Policy 4: Landscaping.

2.14 (i) A properly prepared Landscape Plan in accordance

with Council’s Planning Scheme Policy 4: Landscaping is to be submitted to and approved by Council’s Chief Executive Officer. The landscape plan is to denote areas of existing vegetation and/or existing trees proposed to be retained.

(ii) Landscaping works are to be completed in accordance with the approved landscape plans.

(iii) The landscaping shall be maintained (watering, fertilising, mulching, weeding, and the like) at all times.

Retaining Walls 2.15 The existing retaining wall fronting Nash Street is to be

removed and any replacement is to be located within the lot boundary.



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2.16 The proposed retaining wall to the east of the driveway is to be located as close to the existing retaining structures on the boundary as practical to avoid an accessible space between the retaining walls. Details of the proposed treatment for any void between the structures are to be provided.

2.17 The retaining walls located over the new sewer are to be

designed to meet the requirements of Council Policy PRWS002 “Building over Sewer”.

General 2.18 Undertake at no cost to Council, the alteration of any public

utility mains (eg. Electricity, water, sewerage, gas etc.) or other facilities necessitated by the development of the land or associated construction works external to the site.

2.19 Erosion and sediment control measures are to be designed

and provided in accordance with the International Erosion Control Association (Australasia) 2008’s “Best Practice Erosion and Sediment Control for Building and Construction Sites”. The design shall be submitted to Council for approval with subsequent development applications for operational work.

2.20 Underground utility services are to be provided if practicable.

If provided an “as constructed” plan of all utility services is to be provided to Council upon completion of the approved development.

Section 3 Conditions Applicable to the Ongoing Use 3.1 Loading/unloading operations shall be conducted within the

site and vehicles waiting to be loaded/unloaded shall stand entirely within the site.

3.2 All appliances and/or equipment shall be installed and/or

housed so as to prevent the emission of unreasonable noise.

3.3 No advertising signage is permitted on the western wall.

Carried



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5/3 Representations for Development Approval for Reconfiguring a Lot –

Subdivision to Create Five (5) Lots from Four (4) Lots – at Groundwater Road, Pedersen Road & Piccadilly Drive Southside for I & L Lobegeier PORTFOLIO: Planning and Development


AUTHOR: Planning Officer – K.M. Fuller DOC ID: 2013-0018


Operational Plan – Program 2 - Economic Development,


1. BACKGROUND & PREVIOUS COUNCIL CONSIDERATION

A Development application for reconfiguring a lot to create five (5) new lots from four (4) existing lots was approved by Council on 11 April 2013. The applicant suspended their appeal period and lodged representations on 17 April 2013. The conditions requested to be reconsidered relate to the access for proposed Lot 101.



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Approved Plan

2. REPORT

2.1 Conditions

2.1.1 Condition 1.2

(a) Condition 7 reads: ‘Access to proposed Lot 101 from Pedersen Road is to be constructed in accordance with the requirements of Council’s Infrastructure Works Code – Drawing No R-03 and the Driveways and



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Crossovers Code where relevant. The access is to be located a minimum of three (3) metres from the southern boundary of approved Lot 62.’

(b) Applicants Representations ‘Following a meeting with Tania, Kasia, Alan Walsh and myself we realised there were access difficulties off Pedersen Road to the grazing paddock we intended to sell there were several house sites that were available on the block of land. These house sites were available to the intending buyer. Because of these difficulties, which we acknowledge, we agreed to amalgamate this grazing block with 3 Piccadilly Drive. This portion of land we had supplied all services plus a driveway access which we have a deed for. (All conditions were passed by Council). By amalgamating this block of land we all agreed it solved the problem by eliminating access off Pedersen Road. We have a gate constructed on the boundary of the block which borders Pedersen Road. This gate is left there in case of cattle breaking the fence and straying onto Pedersen Road (which we have experienced by dogs chasing cattle). lf the future owner of the property requires maintaining the property from Pedersen Road side they will be required by law to register all farm vehicles to enable them to travel along Piccadilly Drive, Mayfair Drive, Groundwater Road and Pedersen Road, a distance of 1.2k which we think is totally impractical. However the layback curb which is constructed is easily driven over by all farm vehicles and cars with care. The practical way for maintenance would be carried out on this amalgamated property would be via the amalgamated connection provided. This gate in question has to be lockable to stop children opening and letting cattle out and also neighbours have illegally used this access to cart garden rubbish. Council suggested Pedersen Road access could be used by Emergency Services. We ask who holds the key. Does Council require a Helipad? These are the practical reasons we opted for amalgamation and consider Council unreasonable in wanting driveway access.’



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(c) Staff Response Council staff had concerns initially in regard to access and a suitable house site for proposed lot 101 as the lot is constrained by flooding, a Powerlink easement and a proposed drainage easement. The inclusion of Lot 88 off Piccadilly Drive allowed for a suitable house site above flooding and outside of the easements. The proposed lot is an irregular shape and has frontage to Piccadilly Drive, Pedersen Road and Alpha Road (unconstructed). The lot also shares a common boundary with 34 lots within the estate.

Given the irregular lot shape and likelihood that the second access off Pedersen Road will be used to maintain the rear portion of the lot

Current Lot 88

Second access to Lot 101 requested here



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behind the house site off Piccadilly Drive, a condition was included requiring an invert to be provided to the existing access located off the cul-de-sac from Pedersen Road. Pedersen Road is constructed to a sealed standard with layback kerb and channel. Pedersen Road continues to the south however is not formed or constructed.

The concrete used in continuous extrusion kerb and channel and in this case layback kerb is not designed for the loads involved when vehicles enter/exit at a property at a given point. For long term maintenance of the kerb and channel, invert crossovers should always be installed at these locations. It is considered reasonable and relevant to require an invert to be constructed to the Pedersen Road frontage given this provides the most practical access to the balance of the lot and will be used. The cost of installing the invert of estimated at $1000.


Nil.

4.0 POLICY IMPLICATIONS

Nil.



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5.0 CONSULTATION 5.1 Internal Nil. 5.2 External Nil. 6.0 CONCLUSION

Representations in regards to the second access for proposed Lot 101 have been reviewed and it is considered that the justification relating to the access standard is not accepted and the condition should remain.

7.0 ATTACHMENTS Nil.

M05/06/13 Moved: Cr I.T. Petersen Seconded: Cr M.W. Curran

That in relation to development application (2013-0018) for Reconfiguring a Lot – Subdivision to Create Five (5) Lots from Four (4) Existing Lots, located at Groundwater Road, Pedersen Road and 3 Piccadilly Drive Southside, Council issue a Negotiated Decision Notice deleting condition 7.

Carried



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5/4 Representations for Development Approval for Material Change of Use

– Multi-Residential (Second Dwelling) at 7 Johns Road, Southside for P & D. Dale PORTFOLIO: Planning and Development DIRECTORATE: Planning and Development AUTHOR: Planning Officer – C. McMillan DOC ID: 2012-1515 LINK TO CORPORATE / OPERATIONAL PLAN: Operational Plan – Program 2 – Economic Development, 2.3.2 Development Assessment and Applications 1. BACKGROUND & PREVIOUS COUNCIL CONSIDERATION This application was recently reported to Council’s Ordinary Meeting held on 29 May 2013, where it was resolved vide Minute M29/05/13: ‘That the matter be deferred to the next Ordinary Meeting of Council.’ A copy of the previous report is reproduced following.

1. BACKGROUND & PREVIOUS COUNCIL CONSIDERATION Material Change of Use for a Second Dwelling was approved under delegated authority from Council on 5 February 2013.



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The applicant subsequently suspended their appeal period on 18 February 2013 and lodged representations on 15 March 2013. It is relevant to note that within the applicant’s letter to suspend the appeal period, they noted that representations were to be made regarding Conditions 3, 6, 7, 9, 10, 11, 13 & 14. Subsequent discussions have been held with the applicant and as a result a number of issues relating to the above conditions have been resolved. Representations received by Council on 18 February 2013 relate only to road, kerb and channel upgrading as required by Condition 13.



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2. ASSESSMENT 2.1 Conditions 2.1.1 Condition 13 - (a) ‘13. The existing road is to be upgraded to a standard compatible

with the proposed development. Council requires the following works to be carried out on Johns Road: a) 4.75 metre bitumen seal on a 7.5 metre wide formation (ie.half

road construction) with kerb & channel and associated drainage from the end of the existing road construction to 10 metres past the north eastern wall of the proposed dwelling.’

(b) Applicant’s representations:

‘Many thanks to Mick Curran and Ian Schiefelbein for helping me sort out the sewage clauses in the material change of use for my property. I have received a quote from Bob Dwine from QCIVIL regarding clauses 6,7.11,13 & 14 for the road construction. As Bob was unable to gain any information about the perimeters for the road construction he has just given me a quote with the information he had and a site inspection. As you can see from the quote it is quite substantial and unfortunately we would be unable to pay this amount as it would leave us insufficient funds to actually build the second dwelling for our parents. As each day goes on my wife’s father’s health deteriorates and I believe that time is of the essence for us to complete this house. My proposal is that we are able to offer $10,000 to Gympie Regional Council to do the entire dirt section of the road all the way down to our house as a figure of $20,000 had been mentioned by Council for that to occur. I feel that this is a fair amount for us to contribute as we are long standing rate payers and on completion of the second dwelling there would be more rates paid on the second dwelling that Council would reimburse their cost through over time. This action would also remove an unmaintained road from the Council’s unmaintained road register within the category rate 1 area.’

(c) Assessment (i) Engineering Services Directorate

Report: (General Manager Design Services – L. J. O’Brien) The unsealed eastern end of Johns Road is not currently on Council’s asset register and hence is not maintained by Council. The bitumen seal and kerb and channel ends at the western boundary of lot 2 RP230806.



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Condition 13 of the Decision Notice requires the applicant to extend the seal and kerb and channel by approximately 33m (to 10m past the proposed second dwelling). The condition requires a 4.75m wide bitumen surface on a 7.0m road formation. The accompanying kerb and channel extension is necessary to ensure stormwater run-off from the road is carried past the proposed second dwelling (and so does not cause problems for the new dwelling). The applicants have obtained a quote for the required roadworks from a reputable civil contractor for approximately $19,000. In November 2012, prior to this development approval, Council staff prepared an estimate to construct a much longer extension of Johns Road – to extend the bitumen seal by 100m to the front of the existing house on lot 2. The estimate was for $20,600 and it is understood that this approximate figure was conveyed to the applicant. Council’s $20,600 estimate allows for a 4.5m wide sealed pavement and a “fish tail” turn-around area, but no kerb and channel. In lieu of Condition 13, the applicants have now proposed to contribute $10,000 towards a Council project to carry out a 100m extension of Johns Road to their existing house. Council’s road maintenance policy (PRW017) provides for landowners to fund the upgrading of unmaintained roads to council standard and for council to consider a 20% financial contribution. However, this policy does not apply to development related roadworks and to do so would set an extremely undesirable precedent. Council should not get involved in cost sharing with a developer to construct roadworks which are a condition of a development approval. An appropriate response would be for Council to advise the applicants that it cannot assist with the funding or construction of roadworks required by a development condition. Should the applicants wish to propose an option for cost sharing with Council to construct the remaining portion of Johns Road to the existing house (i.e. for the works which are not required by Condition 13), this would be handled as a separate matter not related to the development.

(ii) Planning Department Comments The frontage works were conditioned on the approval based on the development standards set in Council’s Planning Scheme Policy 8: Infrastructure Works. The works are also considered necessary to prevent stormwater problems for the house to be constructed, so should be completed prior to commencement of the use. The applicant’s proposal to pay only a proportion of the estimated cost of the work is not considered acceptable given Council is



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expected to fund the remainder of the work and the work has not been prioritised by Council in its Capital Works Program.

3. BUDGET IMPLICATIONS The requested works are not included in Council’s current Capital Works Program. Should Council agree to accept the applicant’s contribution towards the sealing of approximately 100m of the unsealed section of Johns Road, the balance will need to be funded by Council. 4. POLICY IMPLICATIONS The request to vary the road widening requirements is not consistent with Planning Scheme Policy 8: Infrastructure Works and sufficient grounds are not considered to exist to justify a variation of this Policy. The applicant should be required to fund the full cost of that construction. 5. CONCLUSION Representations in regards to an approved Second Dwelling have been reviewed and it is not considered appropriate to vary Condition 13 in regards to frontage road, kerb and channel upgrading requirements. 6. ATTACHMENTS: Nil. 2. FURTHER ASSESSMENT Further staff discussions were held in regards to issues raised by Council. They confirmed that the current constructed, maintained section of Johns Road is approximately 6.5 metres wide and the garbage truck currently turns around within the existing Johns Road reserve area (see recent aerial photo below).



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The Director of Infrastructure Services considered it preferable to include this section of Johns Road on Council’s maintenance register, given it is utilised by Council’s garbage contractor, however advised should this occur it would unlikely result in upgrading of the road, other than just grading of the existing gravel surface. For this reason, the requirement to construct sealed frontage for the approved development remains to be considered reasonable and should be at the developer’s full cost given Council has no intended works programmed for it. It was agreed, however, based on the location of the development site, that there was scope to review the standard of construction required on Johns Road for the frontage of the proposed dwelling. Advice from the Design Services Division is as follows: Under the new scheme, Johns Rd is to be classified as an "urban local" road. This is the lowest class urban road and the minimum width is 6.0m. The sealed section of Johns Rd immediately adjacent to this site is approximately 6.5m wide. The unsealed section of Johns Rd fronting the proposed house site is currently 6.0 - 6.5m wide. Extension of the kerb and channel is required to ensure that stormwater run-off from the road is carried past the proposed house site. The road works requirement could be altered to provide kerb and channel and half width construction (+1.0m) of a 6m wide road. To complete the construction of this end of Johns Road, the construction of a sealed turn-around area at the end of the developer's sealed road



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construction could be considered by Council as a separate matter to the development approval.

M06/06/13 Moved: Cr M.W. Curran Seconded: Cr R.A. Gâté That in relation to representations submitted for development application (2012-1515) for Material Change of Use – Multi Residential (Second Dwelling) located at 7 Johns Road, Southside Council amend Condition 13 to read: (i) The existing road is to be upgraded to a standard

compatible with the proposed development. Council requires the following works to be carried out on Johns Road: a) 4.0 metre bitumen seal on a 6.0 metre wide formation

(ie. half road construction) with kerb & channel and associated drainage from the end of the existing road construction to 10 metres past the north eastern wall of the proposed dwelling.

Carried



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5/5 2013-00513: Request for Concurrence Agency Advice for proposed

new Class 10a Carport at 14 Marlin Way, Tin Can Bay over Lot 66 on RP 134239 PORTFOLIO: Planning and Development DIRECTORATE: Planning and Development AUTHOR: Building Certifier – Bruce Lees DOC ID: File No: 2013-0513 LINK TO CORPORATE / OPERATIONAL PLAN: Corporate Plan – 2.3 Planned development for a growing community Operational Plan – 2.3.2 Development Assessment and Applications

1. BACKGROUND & PREVIOUS COUNCIL CONSIDERATION: Nil 2.0 REPORT Pursuant to the requirements of Schedule 7 of the Sustainable Planning Regulation 2009, Council has received an application for concurrence agency advice in relation to a proposed Class 10a carport to be sited at 14 Marlin Way, Tin Can Bay. Concurrence agency advice is required in this instance because the proposed carport does not comply with siting requirements for Class 10a outbuildings currently contained within Council's Cooloola Shire Planning Scheme 2005.



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2.1 Site Details The subject lot is located at 14 Marlin Way, Tin Can Bay, and is currently included in the Housing zone of Council's planning scheme mapping. The property is 618.75m2 in area, and currently contains a Class 1a Dwelling and 2 x Class 10a shed. Vehicular access to the garage / carport at the rear of the property via a 6 metre wide strip of land between the dwelling and the allotment boundary on the southern side of the property.



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2.2 Proposed Carport Floor Area (GFA) The construction of the carport consists of steel posts and roof. As indicated in the above plans, the proposed carport is 6.7 metres long and varies in width between 7.5 metres and 4.2m – an area of 34.74m2. The height of the building is indicated at varying between 2.4m and 2.6m. There is an existing shed of 45 m2, carport of 36 m2 and a garden shed 9 m2 at the southern and rear sides of the property. This provides a total domestic gross area (GFA) of 124.74 m2, which exceeds the current limit of 80 m2 imposed by Council’s Planning scheme requirements. The Queensland Development Code (QDC) however, does not limit the size of domestic outbuildings 2.3 Site Coverage In order to ensure that adequate open space is provided for recreation, service facilities and landscaping, Part A3 of the QDC MP1.2 stipulates that the “maximum area covered by all buildings and structures roofed with impervious materials, does not exceed 50% of the lot area.” The approximate area of the existing dwelling and sheds, along with the proposed carport provides a combined total of 266m2. This equates to 43% site coverage on the 617m2 lot.



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2.4 Siting Considerations The proposed carport is to be sited a distance of 500mm from the property's Marlin Way front road boundary, as shown on the site plan above. Specific Outcome 6 (SO-6) of the Dwelling House Code - Table 8:3 states that Domestic Outbuildings should be "(a) visually unobtrusive; (b) retain the residential character of residential areas; and (c) are compatible in scale with existing or expected future development. In the locality and (d) contribute to attractive street scapes or rural landscaped.” Despite the fact that the Planning Scheme requirements prevail, concession is permitted for an open carport under Part A1 (c ) of the Queensland Development Code (QDC) mandatory part (MP) 1.2. It allows for a 0.0 metre front boundary setbacks for an open carport, but only if:

(a) The aggregate perimeter dimension of walls, solid screens, and supports located within the setback does not exceed 15% of the total perimeter dimension (along the line of supports) of that part of the carport within the same setback (figure 4): and

(b) There is no alterative on-site location for the garage or carport that – (i) Complies with the 6 metre setbacks: (ii) Will allow vehicular access having a minimum width of

2.5m; and (iii) Has a maximum gradient of 1 in 5

In relation to element (a), (b) and (c) above, the property does have an alternative location to site a carport on the southern side of the existing dwelling. It is therefore evident that the proposed carport does not comply with either the planning scheme or QDC siting requirements in this instance. 2.5 Neighbour Consultation Despite non-compliance with the Acceptable Solutions of the Planning Scheme, the owner of the property located at 11, 12 and 13 Marlin Way have provided written advice to the applicant indicating support for the proposed location and size of the carport.



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2.6 Relevant Considerations • There is no evidence of existing buildings in the vicinity of the

proposed carport encroaching the current front boundary setback distances nominated by Council's Planning Scheme.

• There is sufficient space on the southern side of the dwelling to erect the carport.

3. BUDGET IMPLICATIONS: Nil 4. POLICY IMPLICATIONS: Nil 5. CONSULTATION: Manager Building and Plumbing Services 6. CONCLUSION: The proposed carport is to be sited a distance of 500mm from property's Marlin Way front road boundary, in direct conflict with the siting requirements of Council's Planning Scheme and the Queensland Development Code. Development on the site is expected to reach 43% site coverage, closely approaching the recommended 50% site coverage limit imposed by the Queensland Development Code should the carport be constructed. It is therefore considered that insufficient justification to warrant approval has been provided in this instance. 7. ATTACHMENTS: Nil



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M07/06/13 Moved: Cr I.T. Petersen Seconded: Cr W.W. Sachs That Council, as a Concurrence Agency for proposed Building Work - Class 10a Carport (2013-0513) over Lot 66 on RP134239, located at 14 Marlin Way, Tin Can Bay, REFUSE the application for the following reasons: (a) The proposed siting of the carport would be obtrusive and

does not contribute to attractive streetscapes; and (b) Insufficient justification to warrant approval has been

provided. Carried



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LATE ITEM

5/6 Development Application for Reconfiguring a Lot – Subdivision to Create Four New Lots from Four Existing Lots at Sandy Creek Road Veteran for John Andrew PORTFOLIO: Planning and Development


AUTHOR: Planning Officer - K.M. Fuller DOC ID: 2013-0353


Operational Plan – Program 2 - Economic Development,


1.0 BACKGROUND & PREVIOUS COUNCIL CONSIDERATION Nil

2.0 REPORT FILE NO: 2013-0353 APPLICANT: John Andrew

RPD: Lot 211 MCH3535, Lot 430 MCH4895, Lot 108 MCH4632 & Lot 312 SP147050

SITE ADDRESS: Sandy Creek Road and Langley Road Veteran

CURRENT USE OF LAND: Commercial forestry plantation PROPOSAL: Reconfiguring a Lot – Subdivision to

Create Four New Lots from Four Existing Lots

EXISTING ZONE: Rural APPLICATION ADVERTISED: n/a SUBMISSIONS RECEIVED: Nil



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A development application for reconfiguring a lot has been submitted over four (4) existing lots fronting Sandy Creek Road, Langley Road and Gardner Road Veteran. The existing lot sizes are: Lot 211 – 125 ha Lot 312 – 16.98 ha Lot 430 – 32.28 ha Lot 108 – 79.12 ha It is proposed to reconfigure the lots to follow existing access tracks and firebreaks along ridgelines for improved bushfire, access, water catchment and management purposes.



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The proposed lot sizes are: Lot 1 – 43.69 ha Lot 2 – 51.62 ha Lot 3 – 60.29 ha Lot 4 – 97.61 ha

Proposal Plan

2.1.2 Site Description The subject lots are located on Sandy Creek Road, Langley Road and Gardner Road Veteran. The development site is currently used for commercial Eucalypt and Pine plantations. A dwelling and associated outbuildings are located on existing Lot 312 (proposed Lot 4). The topography of the site is undulating with varying slopes. 2.1.3 Surrounding Land Uses

Surrounding land uses include rural lots used for grazing and cropping

and state forestry to the north and south of the development site.



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2.1.4 Site History Nil

2.2. STATUTORY REQUIREMENTS


The Rural Zone intends to preserve rural uses and ensure that valuable economic resources are used sustainably.

2.2.2 Compliance with the Planning Scheme

(a) Development Provisions

Under the Cooloola Shire Council 2005 Planning Scheme, Reconfiguring a Lot is ‘Code Assessable’ development against the codes outlined below: Rural Planning Area Code The proposed development complies with the overall outcomes for the Rural Planning Area that the ‘sustainable use of rural lands is maintained and enhanced’ and specifically for the Rural Zone that valuable economic resources including good quality agricultural land are sustainably used. Reconfiguring a Lot Code Provisions for rural allotments include:



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- Minimum 100 hectare lot size; - Minimum frontage of 100 metres per allotment; - House sites on slopes no greater than 15%; and - Building envelopes of 2 000m2, above the Q100 flood level and

able to accommodate suitable on-site effluent disposal. The site is unable to meet the minimum lot size of 100 hectares and minimum frontage of 100m for subdivision in the Rural Zone. The applicant’s consultant has provided the following grounds to support the proposed lot sizes:

• The proposal is to create lots that can be more practically managed in terms of bushfire and water catchment management.

• The boundary fences are proposed to coincide with access tracks and firebreaks along ridges and spurs.

• Minimise where fences intersect drainage lines to reduce stormwater damage to fences.

• Improve the lawful access arrangements for the lots; • Creating more sustainable lots.

The intention of the 100 hectare minimum size is to ensure that rural lots are retained of a sufficient size suitable for agricultural and horticultural purposes. The size allows for a range of potential rural uses. By creating a lot less than the minimum size it reduces the economic viability and effectively limits the site to a specific crop or use. Three of the existing lots are below the minimum lot size of 100 hectares and it is proposed to rationalise the lot sizes and create larger and potentially more viable lots. The exception is for Lot 211 (currently 125ha) which is proposed to be dissected through the centre of the lot and reduced to approximately 97 hectares. While proposed lot 4 does not meet the minimum lot size it is considered to be of a suitable size for its intended purpose. Concerns are raised with the proposal in regards to amended access arrangements which are considered to be worsened from those existing. Currently Lot 312 gains access from Langley Road (gravel road maintained by Council), Lot 211 can access from a section at the end of Langley Road which is unmaintained for approximately 206 metres however is in a traversable condition, Lot 108 has frontage to Sandy Creek Road (bitumen sealed) and Lot 430 does not have any legal road frontage.



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The proposal involves Lots 2 and 3 gaining access from Gardner Road which is not on Council’s maintenance register. The applicant has advised that vehicle access to Gardner Road is currently obtained informally via tracks through the Forestry or through adjoining lots. This arrangement cannot be supported in approving the application. It is not considered acceptable for two (2) new lots to gain access via a road that is not maintained by Council when this does not occur now. Existing Lot 108 does have frontage to Gardner Road although can gain access via Sandy Creek Road (a sealed Council maintained road). Proposed Lot 3 is not supported to gain access from Gardner Road and should be amalgamated with either adjoining Lot 2 or 4 to reduce the number of access points off Gardner Road. Infrastructure Works Code Gardner Road is an unformed, unmaintained road and does not meet the construction standards for a rural road. Upgrading of this road and subsequent inclusion of it on Council’s maintenance register is not considered a reasonable requirement of this application. Provision of services ie water supply, on-site sewerage facilities, stormwater drainage would be applicable to any future development of the site. Landscaping Code Street trees are not required by Council for rural subdivisions and no other components of the code are relevant.

2.2.3 Local and/or State Planning Polices

State Planning Policy 1/92 Development and the Conservation of Agricultural Land has been adequately reflected in the planning scheme. No other State Planning Policies are considered relevant to the application. 2.3 OTHER PLANNING CONSIDERATIONS 2.3.1 Site Access and Traffic The lots currently have frontage to Sandy Creek Road, Langley Road and Gardner Road. Sandy Creek Road is constructed to a bitumen sealed standard, Langley Road to a gravel standard and Gardner Road is unformed and



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unmaintained. The applicant has indicated that historically Gardner Road was maintained by the Forestry Department. A site inspection identified that Gardner Road is one lane and unformed. The photograph below is a section of Gardner Road approximately 680m from the intersection of Sandy Creek Road. This section was not considered traversable by a two wheel drive vehicle particularly during wet weather. The proposed access to Lot 3 is approximately 1.2 km from the Sandy Creek Road intersection.

2.3.2 Flooding Council does not have any flooding information available for this site. 2.4 PUBLIC NOTIFICATION The application is code assessable therefore public notification was not required.

3.0 BUDGET IMPLICATIONS Nil.

4.0 POLICY IMPLICATIONS



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The proposal is not consistent with Council’s planning scheme, however sufficient planning grounds are considered to exist to justify approval in part.

5.0 CONSULTATION

5.1 Internal (d) Engineering Directorate

Nil

5.4 External Nil

7.0 ATTACHMENTS:

Nil.



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M08/06/13 Moved: Cr R.A. Gâté Seconded: Cr L.J. Friske That Council, as Assessment Manager, APPROVE IN PART

development application for Reconfiguring a Lot – Subdivision to Create Four (4) New Lots from Four (4) Existing Lots at Sandy Creek Road and Langley Road Veteran subject to the following conditions: Section 1 Conditions to be satisfied prior to Council signing &

sealing a plan of survey 1.1 (i) The development shall be generally in accordance with

the plan submitted with the application (unauthored and undated), except for the following amendment:

(a) Lot 3 is not approved and is to be amalgamated with either Lot 2 or Lot 4.

(ii) Prior to lodging the plan of survey three (3) copies of amended development plans showing the above modification/s shall be submitted to Council for consideration and approval. The approved plans, once endorsed by Council’s Chief Executive Officer, shall become part of this Development Permit.

1.2 All outstanding rates or charges levied by Council or

expenses that are a charge over the subject land under any act are to be paid.

Section 2 - General Conditions Applicable to Future Development

of the Approved Lots 2.1 Access to Lot 2 is to be located within 100 metres of the

common boundary with Lot 1. 2.2 Any accesses constructed to future dwelling houses

are to be constructed in accordance with the requirements of Council’s Infrastructure Works Code – Drawing No R-15 and the Driveways and Crossovers Code where relevant.

Carried



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SECTION 6: SOCIAL WELLBEING SECTION 7: HEALTH & ENVIRONMENT



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SECTION 8: GOVERNANCE & ECONOMIC DEVELOPMENT 8/1 Summarised Budget Report as at 30 April 2013

PORTFOLIO: Governance and Economic Development DIRECTORATE: Corporate and Community Services AUTHOR: Director of Corporate and Community Services DOC ID: N/A LINK TO CORPORATE / OPERATIONAL PLAN: Key Outcome 3.4 – Council is maintaining responsible financial management. Council continues responsible budgeting and living within its means having regard to the current economic climate. Council continues to undertake long-term financial planning to ensure that it remains financially sustainable. 1. BACKGROUND & PREVIOUS COUNCIL CONSIDERATION Council’s operations for the 2012/13 financial year as at 30 April 2013 are presented in a summarised budget report for Council’s information and consideration. 2. REPORT The report indicates whether the operating revenue and operating expenditure, capital expenditure and debt repayments are in line with Council’s budget estimates. In the case of extraordinary variances, comments are made which point out the reason for such variance. The report also includes interest received on Council’s investments and the current position of rate collection with a comparative for the previous year. 3. BUDGET IMPLICATIONS Budget allocation set at the commencement of the budget year may change as a result of variances occurring throughout the year. Financial institution deposits at call and term deposits maturing in less than 12 months, which can be immediately accessed without penalty, are treated as cash equivalents. 4. POLICY IMPLICATIONS 5. CONSULTATION All Directorates



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6. CONCLUSION 7. ATTACHMENTS: ATTACHMENT 1- Summarised Budget Report as at 30 April 2013.

M09/06/13 Moved: Cr A.J. Perrett Seconded: Cr M.W. Curran That the information be received.

Carried



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SECTION 9: INFRASTRUCTURE SECTION 10: MAJOR PROJECTS & BUSINESS ACTIVITIES SECTION 11: WASTE MANAGEMENT SECTION 12: TOURISM & MARY VALLEY



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SECTION 13: GENERAL BUSINESS Leave of Absence M10/06/13 Moved: Cr J.A. Walker Seconded: Cr A.J. Perrett

That Cr R.A. Gâté be granted a leave of absence from the Special General Meeting of Council to be held on 26 June 2013.

Carried

ADJOURNMENT OF MEETING The Meeting adjourned for morning tea at 9.40am. RESUMPTION OF MEETING The Meeting resumed at 9.55am.



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SECTION 14: IN COMMITTEE

COUNCIL IN COMMITTEE

The Mayor advised the meeting that Council was going “Into

Committee” to discuss: 1. Staff Arrangements 2. Processing of Waste Materials in Association with the Remediation of a

Disused Sawmill – 79 Steele Road, Canina M11/06/13 Moved: Cr R.A. Gâté Seconded: Cr J.A. Walker That pursuant to the provisions of Section 275 of the Local

Government Regulation 2012, Council resolves to close the meeting to the public and move “into committee” to consider the following matter/s:- 1. Staff Arrangements 2. Processing of Waste Materials in Association with the

Remediation of a Disused Sawmill – 79 Steele Road, Canina Further, that in relation to the provisions of Section 171 of the

Local Government Act 2009, Council resolves that following the closing of the meeting to the public and the moving ‘into committee’ that all matters and all documents (whether in hard copy, electronic, optical, visual or magnetic form) discussed, raised, tabled and/or considered whilst the meeting is closed and ‘in committee’, are confidential to the Council and the Council wishes to keep them confidential.

Carried COUNCIL OUT OF COMMITTEE M12/06/13 Moved: Cr R.A. Gâté Seconded: Cr J.A. Walker That proceedings be resumed in Open Council.

Carried



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14/1 Staff Arrangements

PORTFOLIO: Governance and Economic Development DIRECTORATE: Office of the CEO AUTHOR: Bernard Smith, Chief Executive Officer DOC ID: LINK TO CORPORATE / OPERATIONAL PLAN: This item is in committee in accordance with Section 275 (1)(a) – the appointment, dismissal or discipline of employees – of the Local Government Regulation 2012.

M13/06/13 Moved: Cr J.A. Walker Seconded: Cr W.W. Sachs That the staffing arrangements outlined in the report be adopted.

Carried



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14/2 Processing of Waste Materials in Association with the Remediation of

a Disused Sawmill – 79 Steele Road, Canina PORTFOLIO: Planning and Development


AUTHOR: Compliance Coordinator – N. Wilbraham DOC ID: 6-4-03-0001 (S)


Operational Plan – Program 2 – Economic Development,

2.3.2 Development Assessment and Applications This item is in-committee in accordance with Section 275 (h) - other business for which a public discussion would be likely to prejudice the interests of the local government or someone else, or enable a person to gain a financial advantage – of the Local Government Regulation 2012.



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M14/06/13 Moved: Cr I.T. Petersen Seconded: Cr L.J. Friske (i) That Council advise the writer that minor limited processing

of sawmill waste, (flitches and offcuts), may be undertaken only in accordance with an agreed program to remediate the site of the unlawful sawmill at 79 Steele Road, Canina.

(ii) That the Director Planning and Development be authorised

to prepare and issue a Remediation Program for the site as a consequential action to, and in association with, the recent enforcement action against Mr File.

(iii) That such remediation program include to the following

conditions and requirements :- (a) The processing operation is limited to the docking of

sawmill waste to produce firewood;

(b) Waste materials to be processed are limited to flitches and offcuts presently remaining on the premises as a result of milling operations performed by the unlawful sawmill;

(c) The processing of any other timber materials of any kind is not permitted under this program;

(d) The quantity of waste materials to be processed is limited to approximately 60cubic meters as described in the writer’s letter;

(e) Processing plant and equipment is limited to the use of a docking saw, generator and front end loader as described in the writer’s letter;

(f) Waste material quantities and items of plant and equipment are to be verified onsite prior to commencement of processing and are to be monitored during the processing operation;

(g) Noise reduction measures are to be implemented prior to commencement of processing to ensure noise emissions from noise generating plant and equipment will be contained in accordance with the requirements of the Environmental Protection Act, (EPA);

(h) The processing operation must comply at all times with the requirements of the EPA;



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(i) In the event that the activity is found to be operating in contravention of the EPA, the processing operation is to cease until such time that Council confirms the contravention is rectified;

(j) The processing operation is :- • To cease within 2 months from the receipt of notice

of this remediation program, • To operate only between the hours of 9.00am to

3.00pm Monday to Friday, • Not to operate on a Saturday or a Sunday during the

approved period; (k) Processed material is only to be removed from the site

by the landowner or the landowner’s contractor; and

(l) The sale of processed material is not to occur from the premises.

Carried



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SECTION 15: ATTACHMENTS

Attachment 1 – Refer Item 8/1 - Summarised Budget Report as at 30 April 2013

There being no further business the meeting closed at 10.19am

Confirmed this TENTH day of JULY 2013

________________________ Cr R.J. Dyne CHAIRMAN

ATTACHMENT 1

Refer Item 8/1

Summarised Budget Report as at 30 April 2013

of the

ORDINARY MEETING

On Wednesday 19 June 2013 At 9.00 am

2013-06-19 ordinary meeting minutes...2013/06/19 · ordinary meeting 19 june 2013 gympie regional...

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