2013-09-11 ordinary meeting minutes€¦ · director engineering services (b. fredman), director...

MINUTES

of the

ORDINARY MEETING

CHAIRMAN: Cr R Dyne (Mayor)

Held in the Boardroom Town Hall

2 Caledonian Hill Gympie Qld 4570

On Wednesday 11 September 2013 At 9.00 am

Ordinary Meeting 11 September 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 3: CONFIRMATION OF MINUTES OF PREVIOUS ORDINARY MEETING ...................... 4

SECTION 4: PETITIONS ...................................................................................................................... 7 4/1 FOOTPATH ON BRISBANE ROAD .............................................................................................. 7 4/2 PROPOSED LEVEE .................................................................................................................. 8 4/3 CONDITION OF CULLINANE ROAD, MOTHAR MOUNTAIN........................................................... 10

SECTION 5: PLANNING & DEVELOPMENT .................................................................................... 11 5/1 DEVELOPMENT APPLICATION FOR MATERIAL CHANGE OF USE – PUBLIC UTILITY (TELECOMMUNICATIONS FACILITY) AT KANDANGA CREEK ROAD KANDANGA FOR NBN CO ...... 11 5/2 DEVELOPMENT APPLICATION FOR MATERIAL CHANGE OF USE – MULTI-RESIDENTIAL (TRIPLEX) AT 19 JARYD PLACE, GYMPIE FOR ECO STEEL HOMES PTY LTD ............................................. 22 5/3 DEVELOPMENT APPLICATION FOR MATERIAL CHANGE OF USE – EDUCATION OR HEALTH PREMISES (OUTDOOR EDUCATION CENTRE), DWELLING HOUSE (CARETAKER’S RESIDENCE) AND ENVIRONMENTALLY RELEVANT ACTIVITY (ERA #63 (2)(B)(I) SEWAGE TREATMENT) AT BELLA CREEK ROAD, BELLA CREEK FOR NAMBOUR CHRISTIAN COLLEGE ......................................... 32 5/4 DEVELOPMENT APPLICATION FOR MATERIAL CHANGE OF USE – MULTI-RESIDENTIAL (THREE (3) UNITS) AT 20 JARYD PLACE, GYMPIE FOR ECO STEEL HOMES PTY LTD ................................. 63 5/5 AMENDMENTS TO THE SUSTAINABLE PLANNING REGULATION 2009 REGARDING VEGETATION CLEARING ............................................................................................................................ 78

SECTION 6: SOCIAL WELLBEING................................................................................................... 81 6/1 GYMPIE CENTRAL BUSINESS DISTRICT REVITALISATION STRATEGY ........................................ 81 6/2 PETTIGREW’S COOLOOLA TIMBER TRAMWAY COMPLEX, COOLOOLA RECREATION AREA, GREAT SANDY NATIONAL PARK, COOLOOLA ..................................................................................... 85

SECTION 7: HEALTH & ENVIRONMENT ......................................................................................... 87

SECTION 8: GOVERNANCE & ECONOMIC DEVELOPMENT ........................................................ 88 8/1 TRUSTEE LEASE – TIN CAN BAY TENNIS CLUB INC. OVER PART OF TOM STEELE PARK, WHITING STREET, TIN CAN BAY BEING LOT 15 MCH3168 R6112 ........................................................ 88 8/2 PROCESS FOR MAKING LOCAL LAWS ..................................................................................... 91 8/3 SUMMARISED BUDGET REPORT AS AT 31 JULY 2013 ............................................................. 93

SECTION 9: INFRASTRUCTURE...................................................................................................... 95 9/1 GYMPIE AIRPORT CHARGES .................................................................................................. 95 9/2 TENDER 2013/2014 T001 – NDRRA REMEDIATION WORKS ................................................. 97

SECTION 10: MAJOR PROJECTS & BUSINESS ACTIVITIES ................................................... 100

SECTION 11: WASTE MANAGEMENT ........................................................................................ 100

SECTION 12: TOURISM & MARY VALLEY ................................................................................. 100



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SECTION 13: GENERAL BUSINESS ........................................................................................... 101 HAZARD REDUCTION BURNING ON COUNCIL ROAD RESERVES ............................................................. 101

SECTION 14: IN COMMITTEE ...................................................................................................... 103 14/1 SALE OF LAND .................................................................................................................... 103

SECTION 15: ATTACHMENTS ..................................................................................................... 104



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The meeting commenced at 9:00 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 M.A. McDonald, Cr W.W. Sachs and Cr J.A. Walker.

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

Director Engineering Services (B. Fredman), Director Planning & Development (M. Hartley), Director Infrastructure Services

(D. Scordalides), Acting Deputy CEO/Director Corporate Governance (B. Hayes), Acting Manager Development and Compliance (K. Fuller), Manager Planning Strategy and Major Projects (K. Toomey), Financial Accountant (D. Hatherell), Senior Revenue Officer – Rates (M. James) and Minutes Clerk

(A. Dunkley). DECLARATIONS OF INTEREST BY COUNCILLORS

SECTION 1: OPEN WITH PRAYER Pastor Dean Comerford from the Gympie Community Church 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 3: CONFIRMATION OF MINUTES OF PREVIOUS

ORDINARY MEETING

M01/09/13 Moved: Cr M.A. McDonald Seconded: Cr A.J. Perrett That the Minutes of the Gympie Regional Council Ordinary Meeting held on 21 August be taken as read and confirmed with the following adjustment to the wording of the material personal interest declaration made by Cr J.A. Walker – refer M09/08/13, by deleting the words “due to her sister’s circumstances” and adding “as her sister owns a building in the flood affected part of Mary Street and also operates a business from the same building”.

Carried



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Cr M.W. Curran made the following statement to council: ‘It has been brought to my attention that due my perceived conflict of interest statement at the previous general meeting in relation to flood mitigation options, I would like the minutes to reflect I was unaware of a possible perceived conflict at the time of the general meeting on 31 July 2013, Item 9 Section 2 refers, due to a sisters circumstances. Accordingly, I would request the minutes reflect this. I therefore declare I may have had a perceived conflict of interest in that matter, as defined by Section 173 of the Local Government Act 2009 due to my sisters circumstances. I would have determined that this perceived personal interest was not of sufficient significance that it would have lead me to making a decision on this matter that would have been contrary to the public interest. I honestly believe that by having participating in that meeting that I was well placed to best perform my responsibility of serving the overall public interest of the whole of council's area by participating in this discussing and having voted on the matter.’



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Cr I.T. Petersen made the following statement to council: ‘It has been variously suggested that in the 2 debates on the proposed flood levy, I should have declared either a material personal interest or a conflict of interest. I have neither. I am deputy chairman of the board of Gympie Friendly Society Inc. Our core business is a pharmacy which is well above the protected area. Neither is any opposition pharmacy situated in that area. We also operate a disability aids outlet in the subject area but the occupancy of that shop is of a very temporary nature on a month to month tenancy basis. With plans well in progress for the construction of new premises in Channon Street, the business will be long gone before any levee is in place. In any event, my vote has always been an attempt to avoid community funds being used to benefit a few individual businesses. It is my view that any reasonable member of the public with the proper information having regard to the debate that has occurred, would not think that there was a conflict that was unacceptable and might inappropriately influence the local government’s decision or action or lead to a decision that is not in the public interest. Despite the fact that I have neither a material personal interest nor a conflict of interest, for the sake of transparency I wish to have my position placed on the record.’



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SECTION 4: PETITIONS 4/1 Footpath on Brisbane Road

PORTFOLIO: Infrastructure DIRECTORATE: Engineering Services

DOC ID: 1652251

1. REPORT A petition was received requesting council extend the footpath on Brisbane Road from 80 residents, as follows:

‘We want Gympie Regional Council please continue the footpaths along Brisbane Road so that they go past Monkland State School. This will benefit Monkland State School Students and members of the Gympie community for health and safety reasons.’

M02/09/13 Moved: Cr R.A. Gâté Seconded: Cr J.A. Walker That the petition be received and referred to Engineering Services for consideration.

Carried



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4/2 Proposed levee


DOC ID: 1657787

1. REPORT A petition was received from 40 residents, as follows:

‘There are approximately 50 houses and 80 businesses that this levee is designed to protect. Our CBD flooding is terrible and costly to those owners. We feel for these people, their pain. At the end of the day we choose where we buy land to build or buy a business and we have to take the ups and downs in business as they occur. If a business chooses to rent a shop at a greatly reduced price in a flood area, this saves them money, and it is their choice. It is an area of severe flood, and well known the consequences of this. A business owner can’t then expect ratepayers or State governments to then continually be responsible for the financial loss, when it does flood. The other ratepayers in Gympie do not wish to have to pay towards their bad choice of business location. A business can move and pay much higher rent or higher cost of purchase if they don’t want to be subjected to another flooding. If in a severe floodzone such as lower end Mary Street a Hotel chooses to spend millions in renovations after a flood, knowing that another flood will happen, then they are responsible to any emotional and financial loss. It is a sad occurrence, but not the responsibility of the council or ratepayers to bail them out. If you do the numbers – 4500 southside residents cut off because of an inadequate bridge is surely more important. The cut off from the South along the Bruce Highway and the East to the Cooloola Coast have larger number of residents cut off from their work in many cases. We need to look at the numbers of people affected in floods and consider this. It seems unfair to spend millions on a levee to protect 50 homes and 80 businesses as being on the top of the agenda. These businesses do not provide vital services. This is an official objection to the proposed levee under consideration by council.



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M03/09/13 Moved: Cr I.T. Petersen Seconded: Cr M.A. McDonald

That the petition be received and referred to the next Ordinary Meeting of council.

Carried



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4/3 Condition of Cullinane Road, Mothar Mountain


DOC ID: 1650199

1. REPORT A petition was received from 20 residents, as follows:

‘We the residents of Cullinane Road Mothar Mountain, present this petition to council regarding Cullinane Road. With yearly rates paid by each land owner we are entitled to a much safer road to travel. This road is serviced twice daily by the school bus, also postal delivery and garbage trucks. Prompt action would be appreciated.’

M04/09/13 Moved: Cr J.A. Walker Seconded: Cr W.W. Sachs That the petition be received and referred to Engineering Services for consideration.

Carried



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SECTION 5: PLANNING & DEVELOPMENT 5/1 Development Application for Material Change of Use – Public Utility

(Telecommunications Facility) at Kandanga Creek Road Kandanga for NBN Co PORTFOLIO: Planning and Development

DIRECTORATE: Planning and Development

AUTHOR: Acting Manager Development & Compliance – K.

Fuller DOC ID: 2013-0708

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: 2013-0708 APPLICANT: NBN Co RPD: Lot 1 RP99057 SITE ADDRESS: Kandanga Creek Road Kandanga CURRENT USE OF LAND: Community purposes (Gympie

Regional Council water reservoir) PROPOSAL: Public Utility (Telecommunications

Facility) EXISTING ZONE: Community (2005 Cooloola

Planning Scheme) APPLICATION ADVERTISED: 6 August 2013 ADVERTISING CLOSED: 27 August 2013 SUBMISSIONS RECEIVED: One (1)



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2.1 INTRODUCTION 2.1.1 The Proposal This application seeks approval to establish a telecommunications

facility at Kandanga as part of the National Broadband Network (NBN). The proposal comprises of a 35 metre monopole with three (3) panel antennas, three (3) remote radio units and one (1) parabolic dish antenna. The fenced compound area surrounding the infrastructure will be approximately 80m2. Access to the site for maintenance purposes is to be undertaken approximately once per year.



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The application would ordinarily be delegated to the Director of Planning and Development to make a decision, as the proposal complies with Planning Scheme requirements however a submission has been received in regards to the proposal. For sites outside the fibre network boundary, fixed wireless is a network of base station facilities that provide a broadband service via radio transmissions. The base stations communicate directly with antennas fixed to individual premises. The fixed wireless network proposed by NBN Co involves towers within the Gympie Regional Council region at Traveston, Kybong, Kandanga, Imbil, Brooloo and Carters Ridge and forms part of a wider network with towers situated within the Sunshine Coast region. The plan below shows the overall location of the proposed towers.



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Proposal Plans



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2.1.2 Site Description The site does not have legal road frontage and is accessed via two (2)

access easements from Brice Street and Main Street.

The applicant has indicated that access to the site will be obtained via easement C from Brice Street.

The site is owned by Gympie Regional Council and contains an existing water reservoir.

2.1.3 Surrounding Land Uses The site is located within close proximity to the Kandanga township

and surrounding sites are used for a mix of rural pursuits and residential dwellings.

2.1.4 Site History Nil

2.2.0 STATUTORY REQUIREMENTS

2.2.1 Intent of the Zone

The intent of the Community Zone is for a broad range of community uses that provide essential services to maintain the wellbeing of the community.



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2005 Cooloola Planning Scheme

2.2.2 Compliance with the Planning Scheme (a) Scheme Definition

Public Utility ‘means the use of premises for community or public purposes: (a) by a government, government owned corporation or statutory

authority for: (i) operating works under the Electricity Act 1994; or, (ii) rail transport infrastructure and rail corridor land; or, (iii) water treatment and storage; or, (iv) sewage treatment; or, (v) waste disposal; or,

(b) for a telecommunications facility, other than a “low impact facility” as defined by the Telecommunications (Low Impact Facilities) Determination, being a network tower, mast, antenna, equipment shelter or cabinet.’

(b) Development Provisions

This application is identified as Impact Assessable development and is therefore assessable against the entire Planning Scheme, however the most pertinent codes are listed below. Rural Planning Area Code The height of the monopole is approximately 35 metres. Whilst this exceeds the maximum height suggested for the zone, it is essential to the functioning of the use. The applicant has provided details of alternative sites considered for this proposal including the Kandanga Bowls Club site and Kandanga swimming pool. These sites were found to be unsuitable as the



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monopole would be required to be an additional 5m in height (ie 40m) to achieve adequate coverage and would be closer to existing residential dwellings. The proposal is not considered to compromise any outcomes of the Rural Planning Area Code. Telecommunications Facility Code The specific outcomes of the Code require the facility to be visually integrated with the locality and do not cause light emissions in excess of recognised limits. The applicant has advised the proposed facility has been designed to the minimum required height and as a slim line monopole to ensure visual impacts are minimised. Additionally the proposal seeks to utilise an existing site with community infrastructure. 2.2.3 Local and/or State Planning Polices

There are no local or state planning policies applicable to this application. 2.3 PLANNING CONSIDERATIONS 2.3.1 Appropriateness of the Proposal This proposal is considered appropriate for the site. 2.3.2. Impact on Amenity The tower will be visible from surrounding properties. The closest dwelling is approximately 130 metres to the south-west. There is limited mature vegetation between the dwelling and the site. An appropriate condition could be imposed on any approval requiring the pole to be colour matched to blend in with surrounding vegetation. The image below shows the approximate location of the tower in relation to the closest dwelling to the south-west.



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2.3.3 Site Access and Traffic The site is to be accessed via an access easement from Brice Street which is constructed to a gravel standard. The existing access is considered to be of a suitable standard for the development. 2.3.4 Gympie Regional Planning Scheme 2013 This application was submitted under the Cooloola Shire Planning Scheme 2005. The Gympie Regional Council Planning Scheme commenced on 1 July and the site is now included in the ‘Community Purposes’ Zone. A material change of use for a ‘telecommunications facility’ would be exempt development if lodged under the GRC scheme. The applicant has verbally indicated they are aware of this however have proceeded with the current application. 2.4 PUBLIC NOTIFICATION The application was advertised for public comment in accordance with the requirements of the Sustainable Planning Act and one (1) submission was received against the development.



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Issue Comment Health impacts of radiation emissions Base stations must operate in

accordance with the ACMA Radiocommunications Licence Conditions (Apparatus Licence) Determination 2003. The licence conditions set mandatory limits in The Australian Radiation Protection and Nuclear Safety Agency (ARPANSA) RF Standard for human exposure to RF electromagnetic radiation. The ARPANSA states that for a typical 40m high NBN base station the highest exposure limit at ground level in the area is less than 1/25 000 of the ARPANSA public exposure limit.

Visual impact It is acknowledged that the tower will be visible from surrounding properties. The applicant has provided advice that the facility is to be located in proximity to existing community infrastructure (including water reservoir and power stanchions). Some existing vegetation will assist in visually integrating the pole within its surroundings and reducing visual dominance of the structure. It is recommended that the pole be painted to further integrate with the surrounding vegetation and reduce visual impact.

Aircraft warning lights would further add to visual impact

Aircraft warning lights would not be required based on the height of the tower and separation distance from the site to the Kybong airport.

Landscaping a necessity given visual pollution

It is not considered that additional landscaping would completely reduce the impact of the monopole however some plantings along the south-western boundary of the compound area may assist in integrating the associated electrical cabinets with the surrounding area. A condition could be included to facilitate this.



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A response to all the issues raised in the submissions was provided by the applicant and is available for viewing. 3.0 BUDGET IMPLICATIONS

Nil

4.0 POLICY IMPLICATIONS The proposal is consistent with Council’s planning scheme.

Further, the proposal would be exempt development under the GRC planning scheme and therefore is consistent with the future intent of the area.

5.0 CONSULTATION 5.1 Internal (a) Engineering Directorate

Design Services Division have advised they have no requirements.

5.2 External Nil 6.0 CONCLUSION This proposal is a Material Change of Use application for a Public Utility located in the Community Zone. The proposal is considered appropriate for the area and any potential impacts able to be managed via conditions of approval.

7.0 ATTACHMENTS Nil



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M05/09/13 Moved: Cr I.T. Petersen Seconded: Cr J.A. Walker That Council, as Assessment Manager, APPROVE development

application for Material Change of Use – Public Utility (Telecommunications Facility) on Lot 1 RP99057 located at Kandanga Creek Road Kandanga subject to the following conditions:

1. The development shall be generally in accordance with the

plans submitted with the application.

Plan No Title Drawn By Dated 4POM-51-14-KAND-C2 Rev 02

Overall Site Plan

Aurecon Australia Pty Ltd

21/06/13

4POM-51-14-KAND-C3 Rev 03

Site Setout Plan


21/06/13

4POM-51-14-KAND-C4 Rev 03

Site Elevation and Details


21/06/13

2. The use herein approved may not commence until:

(i) the following development permits has been issued and complied with as required - (a) Development Permit for Building Work

3. The monopole is to be painted in a non-reflective finish and

colour matched to the surrounding vegetation. 4. Landscaping is to be provided along the south-western

boundary of the proposed compound area to screen the base of the monopole and associated infrastructure. Species are to be provided from Council’s Planning Scheme Policy 4 – Landscaping.

5. The landscaping shall be maintained (ie watering, fertilising,

mulching, weeding) at all times.

Carried



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5/2 Development Application for Material Change of Use – Multi-

Residential (Triplex) at 19 Jaryd Place, Gympie for Eco Steel Homes Pty Ltd PORTFOLIO: Planning and Development


AUTHOR: Acting Manager Development & Compliance -

K. Fuller DOC ID: 2013-0305

LINK TO CORPORATE / OPERATIONAL PLAN:

Operational Plan – Program 4 - Planning and Development,

4.1 (ii) Applications

1.0 BACKGROUND & PREVIOUS COUNCIL CONSIDERATION Nil

2.0 REPORT FILE NO: 2013-0305 APPLICANT: Eco Steel Homes Pty Ltd RPD: Lot 47 SP215573 SITE ADDRESS: 19 Jaryd Place, Gympie CURRENT USE OF LAND: Vacant PROPOSAL: Material Change of Use for Multi-

Residential (Triplex) EXISTING ZONE: Housing (2005 Cooloola Planning

Scheme) LEVEL OF ASSESSMENT: Code (Inconsistent) SUBMISSIONS RECEIVED: Nil



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2.1 INTRODUCTION 2.1.1 The Proposal

This application seeks a development permit for material change of use for Multi-Residential for three (3) attached units. The units are proposed to be two-storey and each unit is to have three (3) bedrooms.



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Proposal Plans



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2.1.2 Site Description The subject land is vacant and has an area of 936m2. The site level falls from approximately 84m to 80m AHD from north to south.

2.1.3 Surrounding Land Uses The surrounding land uses within the vicinity are single dwellings. The closest multi-residential development is a duplex located on Bath Terrace.

2.2.0 STATUTORY REQUIREMENTS 2.2.1 Intent of the Zone

The overall outcomes sought for the Housing Zone are to ensure that: (i) a range of housing forms is available and provides a high level of

amenity; and,

(ii) well designed, attractive medium density housing is available in proximity to services and public transport; and,

(iii) in other areas, detached housing prevails; and,



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(iv) non-residential uses, including home businesses, serving the needs of local communities are located and managed to protect the existing amenity of residential uses.


Multi-Residential is outlined in the Cooloola Planning Scheme as ‘the residential use of premises other than use for a dwelling house, home business or accommodation premises. The term includes: (a) row houses, terrace houses, town houses, apartment buildings

and the like; (b) dual occupancy of one lot including a second dwelling for a

relative or carer of permanent residents of the other dwelling on the same lot;

(c) aged care facilities, retirement villages and residential community titles schemes;

(d) relocatable home parks’.

(b) Development Provisions This application is Code Assessable (Inconsistent Use) and is assessable against the Gympie Planning Area Code, Multi-Residential Code, Erosion and Sediment Control Code, Infrastructure Works Code, Vehicle Parking and Access Code and Landscaping Code. The proposed use is identified as an inconsistent use as it is not within a Mixed Housing Preferred Use Area. The proposal should therefore demonstrate why development of this scale should be located specifically on this site despite the conflict with the planning scheme. The applicant’s justification relates to this site and the adjoining application (2013-0301). The grounds relate to the combined site area of the two (2) lots (2205m2), which under the 2013 GRC planning scheme could be subdivided into three (3) lots of 750m2 and each could contain a dual occupancy. Further justification states that the two (2) applications proposed is a better outcome than creating three lots and submitting three (3) separate dual occupancy proposals due to reduced costs, less hardstand areas and a coordinated design. The grounds submitted are not considered to demonstrate that this site is suitable for the proposed development. Further, The Gympie Regional Council planning scheme which commenced on 1 July includes the site within the Residential Living zone. The intent of the zone is for development to be of a form



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compatible with the scale and character of low density residential living. Higher density residential development in the form of multiple dwellings is not expected in this zone. The proposed dwelling density exceeds that nominated in the GRC planning scheme of one dwelling per 500m2. It is acknowledged that the proposal is able to comply with the provisions in the relevant codes ie setbacks, car parking, landscaping, building height however the primary issue is the conflict with the intentions and character of the area. Mere compliance with the relevant codes of the Planning Scheme does not resolve this area of non-compliance. 2.3 OTHER PLANNING CONSIDERATIONS 2.3.1 Appropriateness of the Proposal The use of the site for multi-residential purposes for a triplex is not considered appropriate in this area as it is inconsistent with the intent of the Planning Scheme and the low density character of the surrounding area. 2.3.2 Flooding The site is not known to be subject to flooding.

2.3.3 Utilities and Services The site is presently serviced by reticulated water and sewerage and infrastructure charges would apply to the development. 3.0 BUDGET IMPLICATIONS

Nil. 4.0 POLICY IMPLICATIONS

The development is inconsistent with Council’s planning scheme, and sufficient planning grounds have not been submitted to warrant approval despite this conflict.

Approval of the application would conflict with Council’s documented planning intentions for this site as articulated in the Gympie Regional Council planning scheme which commenced on 1 July 2013.

5.0 CONSULTATION 5.1 Internal (b) Design Services Division Design services department have provided comments and their considerations have been incorporated into the report and recommendation.



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6.0 CONCLUSION An application is made for a triplex development outside the Mixed Housing Preferred Use Area. The proposed development does not comply with the provisions relating to consistent uses for the Housing Zone of Council’s Planning Scheme. Justification submitted for the development, relying largely on the proposal complying with the multi-residential code and reliance on the development potential of the combined lot size of the subject and adjoining lot, are not considered to constitute overriding planning grounds to recommend the application be approved in conflict with the planning scheme.

Based on the above, refusal of the proposal has been recommended. 7.0 ATTACHMENTS Nil.

M06/09/13 Moved: Cr I.T. Petersen Seconded: Cr L.J. Friske That Council, as Assessment Manager, REFUSE development

application for Material Change of Use for Multi-Residential (Three (3) Units) on Lot 47 SP215573 located at 19 Jaryd Place, Gympie for the following reasons:

(i) The proposal conflicts with Council’s Planning Scheme and

sufficient grounds have not been submitted to warrant an approval despite the conflict;

(ii) The proposal conflicts with the Gympie Regional Council

Planning Scheme, which commenced on 1 July 2013 and therefore has statutory relevance; and

Further, that council will discuss with the applicant viable alternatives.

Carried



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5/3 Development Application for Material Change of Use – Education or

Health Premises (Outdoor Education Centre), Dwelling House (Caretaker’s Residence) and Environmentally Relevant Activity (ERA #63 (2)(b)(i) Sewage Treatment) at Bella Creek Road, Bella Creek for Nambour Christian College PORTFOLIO: Planning and Development DIRECTORATE: Planning and Development AUTHOR: Planning Officer – S. Court DOC ID: 2012-0944 LINK TO CORPORATE / OPERATIONAL PLAN:


1.0 BACKGROUND & PREVIOUS COUNCIL CONSIDERATION

Nil. 2.0 REPORT

FILE NO: 2012-0944 APPLICANT: Nambour Christian College RPD: Lot 5 RP862823

SITE ADDRESS: Bella Creek Road, Bella Creek CURRENT USE OF LAND: Grazing paddock for cattle PROPOSAL: Material Change of Use - Education

or Health Premises (Outdoor Education Centre), Dwelling House (Caretaker’s Residence) and Environmentally Relevant Activity (ERA # 63 (2)(b)(i) Sewage Treatment)

EXISTING ZONE: Rural (2005 Cooloola Planning Scheme)

APPLICATION ADVERTISED: 24 June 2013 ADVERTISING CLOSED: 5 August 2013 SUBMISSIONS RECEIVED: 2



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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 education or health premises (outdoor education centre), dwelling house (caretaker’s residence) and environmentally relevant activity (ERA # 63 (2) (b) (i) sewage treatment) over one (1) title in two (2) parts separated by Old Yabba Creek Road.



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The development is proposed to be constructed in three (3) stages over a ten (10) year period and will be located on the western side of Old Yabba Creek Road. The outdoor education centre has a gross floor area (GFA) of 1 888m2 consisting of a central facility i.e. kitchen, dining, recreation halls and dormitories for up to 160 students and 14 staff. The caretaker’s residence for the site manager will be three (3) bedrooms and is proposed to have a GFA of 120m2. In addition, an ancillary machinery/storage shed with a GFA of 200m2 and an on-site sewage treatment system are proposed. The facility is proposed to operate 24 hours a day over five (5) days a week during the school year. The average occupancy rate has been nominated to consist of approximately 75% of the 160 student capacity, extending over approximately 75% of the school year. Therefore, on average 120 students may be on the site at any one time over approximately 30 weeks of a calendar year. The purpose of the facility is to provide alternative active learning programs for students outside of the normal class environment in the form of educational school camps. Sustainable design and environmental awareness will be a substantial part of the learning program. The applicant has advised that when the centre is not in use by Nambour Christian College it will be available for use by other schools or educational establishments around South East Queensland. Cattle grazing will continue to operate on the site and these activities will be managed by the on-site Caretaker/Manager. Stage one (1) will accommodate up to 80 students and 7 staff and will involve the construction of: • dining room (195m2); • kitchen (56m2); • sick bay and open area (partial completion of Central

Facility);



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• four (4) of the student dormitories (944m2); • caretaker’s residence; • machinery/storage shed; • associated water storage tanks; • effluent disposal system; • stormwater retention pond; and • bio retention swales. Stage two (2) will include the construction of four (4) of the student dormitories (944m2) to accommodate the remaining 80 students and 7 staff and further associated water storage tanks. Stage three (3) will include the construction of the recreation hall and associated water storage tanks. Car parking is proposed to have a paved area of 400m2 and includes provisions for parking and a turnaround area for passenger vehicles and buses. The development is proposed to be setback approximately 400 metres from Bella Creek Road and 230 metres from Old Yabba Creek Road. Proposal Plans



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37



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2.1.2 Site Description The site comprises of one (1) irregular shaped lot in two (2) parts dissected by Old Yabba Creek Road. The site also has frontage to Bella Creek Road. The lot is currently being used as a grazing paddock for cattle and has not been improved by any infrastructure. Bella Creek Road and Old Yabba Creek Road are both unsealed, maintained roads. The lot has 668 metres of road frontage along Bella Creek Road and 754 metres along Old Yabba Creek Road. The total area of the lot is 46.54ha and is approximately 34.54km from the major centre of Gympie as the crow flies and approximately 9km west of the township of Imbil. The land is gently undulating, with two (2) major gullies located towards the western and southern eastern parts of the site. The south eastern gully drains towards Old Yabba Road. The site contains areas of remnant and regrowth vegetation. Yabba Creek meanders along the eastern boundary of the site and Bella Creek is located to the north of the land.

2.1.3 Surrounding Land Uses The site is situated in a rural locality where the primary land uses are grazing and agriculture.



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The location of the proposed Bella Creek motor cross park (2013-0480) is approximately 3.02km to the west of the site. Borumba Dam is located 1.21km to the south of the site.

2.1.4 Site History Nil.


2.2.1 Intent of the Zone The development site is zoned Rural under the Cooloola Shire Council 2005 planning scheme where it is intended that: “(i) rural uses predominate; and, (ii) valuable economic resources, including extractive resources,

good quality agricultural land and timber, are sustainably used; and,

(iii) industrial uses that: (A) create a demonstrated community benefit and economic

opportunity; and, (B) are of a nature and scale precluding a location in other

zones; or, (C) must be located in proximity to economic resources; are sensitively located in accordance with community

expectations;”

It is considered that the development does not compromise this intent.



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Education or Health Premises is defined as: “the use of a premises: (a) for educating or training people, including providing preschool,

primary, secondary, or tertiary education, whether or not the use involves the ancillary residential use of the premises; or,

(b) as a child care centre; or, (c) as a crematorium; or, (d) as a funeral home; or, (e) as a hospital or public health care facility.” Dwelling House is defined as: “(a) the residential use of a single dwelling on one lot; or, (b) a caretaker’s residence being a single dwelling associated with

a bona fide business or community use on the same lot where: (i) the dwelling is the only dwelling on the lot; and, (ii) the dwelling is subordinate to the primary use; and, (iii) is occupied by the owner, or an employee of the business or agency, for reasons of ensuring security and maintenance of the premises; or,

(c) a display home. The term includes the ancillary use of domestic outbuildings and

works.” (b) Development Provisions

Under the Cooloola Shire Council 2005 Planning Scheme, a material change of use in the Rural Zone within the Rural Planning Area for education or health premises is ‘Impact Assessable’ and a material change of use for dwelling house is ‘Code Assessable’ development. Therefore the application is assessable against the entire planning scheme however the following Codes are considered the most relevant. Rural Planning Area Code The proposed development is consistent with the overall outcomes sought for the Rural Planning Area with the exception of those relating to effects of use and provision and effects of works. Specific Outcome 5 of the Rural Planning Area Code requires that uses are located and designed to avoid significant adverse changes to the traffic conditions experienced by occupants of adjoining and surrounding premises.



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Access to the subject land is proposed to generally be via Imbil, along Yabba Creek Road and into Old Yabba Creek Road. Bella Creek Road is only intended to be used for emergency situations. Old Yabba Creek Road is a single lane gravel road and an audit of the road revealed that the applicant will need to carry out works to bring it to a standard compatible with the proposed development. These works are discussed later in the report. The primary form of vehicles accessing the site will be buses that transport students and teaching/supervisory staff. The applicant advises that from time to time a small number of associated private vehicles may also attend the site; however the predominant form of vehicle generation will be three (3) to four (4) buses per school camp. The buses will primarily access the site via Imbil. As no more than two school camps are proposed to occur each week, the maximum additional traffic generated as a consequence of the outdoor education centre will be no more than around 16 bus trips and 16 car trips per week (i.e. 32 weekly vehicle trips). An additional two (2) to four (4) daily vehicle trips may be generated by delivery vehicles servicing the development with food and other supplies. This equates to a maximum of around 20 weekly, delivery vehicle trips. The caretaker’s residence may generate an additional four (4) to six (6) car trips on the external road network (i.e. 30 per week). The applicant considers that these trips are not relevant to the consideration of the proposal because the land has an as of right entitlement to a detached dwelling house, which would generate around the same number of daily trips. Accordingly, the development is proposed to generate around 50 additional vehicle trip ends per operating school week, with the projection over approximately 75% of the school year. Comments from the Design Services Division have been included later in the report regarding the standard of the road and required upgrades to a standard compatible for the proposed development. Conditions could be imposed should the application be approved to complete these upgrades prior to the commencement of the use.



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Specific Outcome 10 requires that: “Buildings are appropriately sited with respect to protection from flood events.” Probable Solution 10 requires that minimum floor levels of residential buildings comply with Schedule 6 Minimum Floor levels. In addition, one of the overall outcomes of the Rural Planning Area Code requires that: “(j) exposure of developed areas, infrastructure and persons to the

harmful effects of natural hazards including flood, bushfire and landslip is limited;”

Queensland Reconstruction Authority (QRA) flood plain mapping indicates that the eastern part of the site and the access routes into the development would be impacted during flood events:

As discussed later in the report, Yabba Creek Road and Bella Creek Road are frequently inundated and are generally impassable for short periods after significant rain events. Users of the camp could be isolated by flood waters during these events. The applicant submitted a flood management plan in response to council’s information request detailing a flood monitoring procedure and details of an evacuation plan. The applicant has advised:



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The flood management plan consists of: • emergency contact numbers (e.g. emergency services, Gympie

Regional Council, Bureau of Meteorology – QLD general Warnings … etc);

• tuning in to local radio stations and television to listen to weather and warning updates;

• gathering information from the BOM site, Yabba Creek gauge information, Jimna rainfall, Borumba dam for spillway information and the Dagan and Moy Pocket Gauge;

• making a plan (e.g. early evacuation of students, transport … etc); • arranging departure from the site; and • action to take if an immediate evacuation is required. Implementation of the flood management plan and a requirement for it to be updated on an annual basis to reflect contemporary issues could be conditioned if the application is approved. All other outcomes can be managed through appropriate conditions. Accommodation Premises Code The proposed development is consistent with the overall outcomes sought for the Accommodation Premises Code with the exception of those relating to site area and siting.



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Specific Outcome 8 of the Accommodation Premises Code requires that buildings and sites are adequately protected from bushfire hazard. Council’s advisory mapping indicates that a portion of the site is within a Bushfire Prone Area. 2013 Gympie Regional Council mapping indicates the site is within a medium bushfire risk area:

2013 Gympie Regional Council Planning Scheme – Bushfire Overlay Map The applicant submitted a Bushfire Management Report with the application prepared by Taylor Ecology and dated July 2009. The report recommended: • Buildings are sited in locations of the lowest hazard; • Recommended setbacks of 1.5 times the mature canopy tree

height apply to all buildings. For the relevant woodland this height is 25 metres which gives a setback of 37.5 metres;

• Elements of the development least susceptible to fire are sited closest to the bushfire hazard;

• Water tanks to accommodate 50, 000 litres are provided on-site; • The all weather road to be constructed directly off Bella Creek

Road (approximately 300 metres long) provides a vehicle turnaround or passing bay for emergency access;

• An access be maintained to the existing gate on old Yabba Road which is situated directly east of the intended building site to have more than one (1) route of egress;

• Firebreaks are provided for a perimeter road of a minimum of 20 metres wide;



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• Additional firebreaks of a width of 6 metres could incorporate using the cleared electricity easement and existing fencing in view of the number of people likely to inhabit the property;

• Proposed buildings incorporate measures relative to bushfire hazard areas to comply accordingly to the Building Code of Australia (BCA);

• Provide a Bushfire Management Plan to be updated on an annual basis to reflect contemporary issues; and

• Specific bushfire awareness and preparedness. In response to Council’s information request the applicant provided a Bushfire Management Plan incorporating some of the recommendations of the initial report. The above recommendations and the implementation of the Bushfire Management Plan could be conditioned should the application be approved. All other outcomes can be managed through appropriate conditions. Dwelling House Code Appropriate conditions can be included to address the code should the application be approved. Erosion & Sediment Control Code Appropriate conditions can be included to address the code should the application be approved. Infrastructure Works Code The site is not connected to reticulated water and sewerage. The applicant has applied for an ERA #63 (2) (b) (i) Sewage Treatment as the capacity is more than the amounts prescribed in the Environmental Protection Regulation. The applicant intends to provide potable water from two (2) main sources: • 700,000 litres of rainwater harvested from roof water run-off and

captured in 14 x 50,000 litre tanks; and • A contingency/backup supply of water to be pumped from Yabba

Creek. The applicant has advised that the Outdoor Education Centre will generate an estimated annual water demand of around 5 mega litres. The water to be pumped from Yabba Creek will be primarily used for flushing toilets, irrigation and emergency fire fighting. The applicant acknowledges that water entitlement will need to be obtained from the Department of Natural Resources and Mines.



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Therefore, it is considered that appropriate conditions can be included to address the code should the application be approved. Landscaping Code It is considered that no additional landscaping is warranted for the following reasons: • The development is proposed to be approximately 300 metres

from Bella Creek Road; • The property has 539 metres of landscaping along Bella Creek

Road and 258 metres along Old Yabba Creek Road; • The main entrance to the outdoor education centre is to be off Old

Yabba Creek Road; and • The property to the rear of the development is Conondale National

Park. 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’. Car parking spaces for an education or health premises (if an education establishment) are required to be provided at a rate of 1 space per staff member, 1 space per 5 students of driving age and off-street set-down areas capable of a minimum of one (1) bus per 100 students and 5 cars. Therefore, two (2) bus parking spaces and 14 car parks are required to be provided for this use. The applicant has proposed four (4) bus parking spaces and eight (8) car parking spaces with a turning area. As discussed earlier in this report, it is proposed that the students and staff will arrive at the outdoor education centre on buses. On average 120 students and 14 staff will be on the site for approximately 30 weeks of a calendar year. Full size coaches come with seating for approximately 49 - 57 passengers dependent upon the manufacturer and age of the vehicle, with the average size being 51 seats. Therefore, it is considered that four (4) bus parking spaces would accommodate the expected number of students and staff on the site. The additional eight (8) car parking spaces will be sufficient for delivery vehicles and additional spaces as required by the users of the site as

http://www.chacha.com/topic/size



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in most instances students will not be arriving on the site in their own vehicles. A dwelling house is required to provide 1 covered space for the residents. The proposal complies with the caretaker’s residence vehicle parking provisions. Therefore, it is considered that sufficient parking has been provided to meet the needs of its users and appropriate conditions can be included to address the code should the application be approved.

Conservation Significant Areas Code The Conservation Significant Area Overlay primarily concerns a small strip of remnant vegetation that is located along the southern property boundary. The proposed development does not seek to destroy or interfere with the identified vegetation on the site. Appropriate conditions can therefore be included to address the code should the application be approved. Natural Waterways & Wetlands Code Appropriate conditions can be included to address the code should the application be approved. The proposal to take water from Yabba Creek will involve a subsequent permit through the Department of Natural Resources and Mines. Resource Areas Code Appropriate conditions can be included to address the code should the application be approved.

2.2.3 Local and/or State Planning Polices State Planning Policy 1/03 – Mitigating the Adverse Impacts of Flood,

Bushfire and Landslide is considered to be relevant to this application. It is considered that this proposal complies with the state planning policy as: • The submitted Bushfire Management Plan and Flood Management

Plan minimise as far as practicable the adverse impacts from the natural hazards and limits the risk to people and property;

• The development will result in some of the area being cleared and therefore preventing the development from materially increasing the extent or the severity of natural hazards; and

• Appropriate buffers can be conditioned to separate buildings and people from natural hazard areas.



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No other State Planning Policies are considered relevant to the application. 2.3 OTHER PLANNING CONSIDERATIONS 2.3.1 Draft Gympie Planning Scheme The Gympie Regional Council 2013 planning scheme introduced on 1 July 2013 includes the site in the ‘Rural’ zone.

The intention of this zone is to: “(a) provide for a wide range of rural uses including cropping,

intensive horticulture, intensive animal industries, animal husbandry, animal keeping and other primary production activities;

(b) provide opportunities for non rural uses that are compatible with agriculture, the environment, and the landscape character of the rural area where they do not compromise the long-term use of the land for rural purposes; and

(c) protect or manage significant natural features, resources and processes, including the capacity for primary production.”

The proposal would be defined as “Educational Establishment” and would be impact assessable. The proposed dwelling house (caretaker’s residence) would be defined as “Caretaker’s Accommodation” and would be self-assessable against section 2 of the Rural Zone Code.



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2.3.2 Impact on Amenity Given the site is adjacent to Conondale National Park, the nearest residence is 678 metres from the proposed development and it is screened by vegetation, the development is expected to have a minimal impact on the existing amenity of the area. 2.3.3 Site Access and Traffic One (1) access point is proposed for the development site off Old Yabba Creek Road. The Bushfire Management Report recommends an alternative access and all-weather road be constructed directly off Bella Creek Road (approximately 300 metres long) for emergency evacuation. 2.3.4 Contributions Council’s Adopted Infrastructure Charge Resolution does not allocate a charge for Education Facilities (education establishments). As a Caretaker’s Accommodation is self-assessable with the Gympie Regional Council 2013 Planning Scheme and the applicant could withdraw this element of the application it is not considered appropriate to charge a contribution for this use. Therefore, there are no applicable contributions for the proposed development. 2.3.4 Flooding A portion of the site is mapped as flood plain on Queensland Reconstruction Authority flood plain mapping as discussed previously in this report. 2.3.5 Utilities and Services The site is not serviced by reticulated water and sewerage infrastructure as discussed previously in this report. 2.4 PUBLIC NOTIFICATION The application was advertised for public comment in accordance with the requirements of the Sustainable Planning Act 2009 and two (2) submissions were received.

Issue Comment Numbers of students, staff and vehicle trips

The proposed number of students and staff to visit the site has been assessed as part of the application. The students and staff will be remaining onsite for the majority of the time and will have a limited impact on the area.



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The number of students and staff can be limited through an appropriate condition.

Size of the development for the numbers of participants proposed

The total GFA proposed for the development is 2 208m2 equal to 0.47% of the site coverage. The maximum site coverage for an accommodation premises in the Rural Planning Area Code in 40%. Although the proposal is for an education or health premises, it is considered that this development is similar to that of an accommodation premises. It is reasonable to assess site coverage for this use on the above basis. Therefore, it is considered the size of the development is suitable for the site.

“Off-site” participants The applicant has not indicated if the operation is to have ‘off-site’ numbers however a condition could be included in any approval limiting student numbers on site at any one time.

Increased traffic on the Bella Creek section leading to Old Yabba Creek Road

The standard and upgrading of Bella Creek Road and Old Yabba Creek Road is discussed later in this report. Conditions can be imposed should the application be approved to improve the road network for its intended use.

Visibility issues on Bella Creek road

As discussed above, conditions can be imposed should the application be approved to improve the road network for its intended use.

Bushfire risk mitigation: 15 metre building exclusion zone with Conondale National Park

The bushfire management report has made a number of recommendations for the development including setbacks



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of 1.5 times the mature canopy tree height apply to all buildings. For the relevant woodland for this development a setback of 37.5 metres is considered reasonable. Additional firebreaks of a width of 6 metres have also been recommended using the cleared electricity easement and existing fencing in view of the number of people likely to inhabit the property. Both of these setbacks can be conditioned as part of the approval which would also satisfy a 15 metre building exclusion zone with Conondale National Park.

3.0 BUDGET IMPLICATIONS


The development is consistent with Council’s current planning scheme. 5.0 CONSULTATION 5.1 Internal (c) Engineering Directorate

Report: (Design Services Engineer – B. Garrad) LEAD-IN ROAD/FRONTAGE ROAD The proposed development is accessed from the east via Imbil, Yabba Creek Road and Bella Creek Road with the access located on Old Yabba Creek Road approximately 600 metres south of Bella Creek Road. The primary form of vehicle accessing the site will be buses with a small number of private vehicles used by staff. Yabba Creek Road is a sealed two way road with 6 low level bridges between Imbil and Bella Creek Road. Yabba Creek Road is frequently cut by floodwaters at the low level bridges. The Department of Transport and Main Roads (DTMR) control this road and have not conditioned any roadworks as part of their assessment.



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Bella Creek Road is a single lane gravel road that is frequently inundated by floodwaters. A concrete floodway exists on Bella Creek Road between Yabba Creek Road and the development site that will require delineation with REGP’s (Road Edge Guide Posts) to improve safety during flood events. Old Yabba Creek Road is also a single lane gravel road and an audit of the road revealed that the applicant will need to carry out the following works to bring it to a standard compatible with the proposed development: • Reshape the intersection of Bella Creek Road and Old Yabba

Creek Road such that there is a single path brought square to Bella Creek Road rather than the existing “Y” shaped intersection;

• Install delineation signs D4-A L & R to cattle grids at approximate chainages 83 & 655;

• Install REGP’s to the standard of the MUTCD for whole of Old Yabba Creek Road;

• Provide passing bay on the right hand side at approximate chainage 110;

• Provide passing bay on the left hand side at approximate chainage 300;

• Provide scour protection to the table drain on the right hand side between approximate chainage 120 & 370;

• Remove and replace unsuitable clay material from the road formation at approximate chainage 370;

• Remove hazardous trees from the clear zone left and right hand sides at approximate chainage 450;

• Provide “Watch For Entering Traffic” sign W5-26C at approximate chainage 680; and

• Provide a 6 metre wide site access to the standard of Council’s Standard Drawing R-15.

MAINTENANCE CONTRIBUTION Traffic volumes will be increased as a result of the development and it would be reasonable for the applicant to pay an annual benefitted rate to allow for additional road maintenance expenditure for grading and resheeting. The benefitted rate is calculated to be $2,310.30 per year to be indexed annually. (Note from Director Planning and Development: The imposition of a benefitted area rate for this type of community facility is not considered to be appropriate and has not been recommended). INTERNAL ROADS An eight metre wide internal road is proposed to run from Old Yabba Creek Road to the camp site for approximately 310 metres. Four bus



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parks and eight car parks are located at the camp with associated turnaround areas provided. Cross drainage has been proposed near the camp to allow flows from a swale drain to pass under the internal road. STORMWATER MANAGEMENT The site slopes generally from south-west to north-east with two gullies to the west of the site running to Bella Creek Road and one gully at the west of the site running north-east to Old Yabba Creek Road. A swale drain is proposed from the east of the camp to run north to catch stormwater and redirect into a retention pond located at the head of the gully running north-east to Old Yabba Creek Road. The stormwater retention pond will have a capacity of approximately 300,000 litres. SEWERAGE AND WATER SUPPLY An on-site effluent disposal system is proposed to provide effluent A class treatment and will have an eight day (148,000 litre) storage capacity. The camp, dormitories, ancillary machinery shed and caretakers residence will harvest rainwater into tanks to give a maximum capacity of 700,000 litres of potable water. FLOODING The QRA flood plain mapping line extends over the south-west portion of the lot and is located at relative level 113 metres. The lowest part of the recreation camp is located at relative level 130 metres, 17 metres above the QRA line so the camp itself is located well above the QRA level. While the camp is above the QRA level, both Yabba Creek Road and Bella Creek Road are frequently inundated and are generally impassable for short periods after significant rain events. Users of the camp can be expected to be cut off by flood waters during these events so the applicant needs to have contingency plans to ensure that camp patrons are not isolated for significant times during flood events. To this end, the applicant proposes that a management plan will be prepared to incorporate the following procedures: • Implementation of a flood monitoring procedure; and • Formulation of key indicators to ensure timely evacuation. The management plan will also address the adequacy of flood warning times.



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MISCELLANEOUS Power and communication services are available to be connected to the site. 5.2 External

CONCURRENCE AGENCIES (a) Department of Natural Resources and Mines (DNRM) The proposal required referral to DNRM as the development contains mapped remnant and regrowth vegetation. This Agency has provided conditions to be attached to any approval including: - New infrastructure must not be located in Area A1 and A2 on

Referral Agency Response (Vegetation) PLAN RARP2012/006964 (see below); and

- New infrastructure – other than fences, roads and underground services – must not be located in Area B1 and B2 on referral Agency Response (Vegetation) Plan RARP2012/006964.

(b) Department of Transport and Main Roads (DTMR) The proposal required referral to DTMR as the development was considered to be impacting on a state-controlled road and for public passenger transport.



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This Agency has provided the following condition to be attached to any approval including: - Development must be carried out generally in accordance with

the following reports: • Town Planning Proposal Report by Alan Holliday Pty Ltd

reference Rpt-206-DA Issue dated May 2012 • Traffic Engineering Assessment by Pekol Traffic and

Transport dated 21 January 2013. (c) Department of Environment and Heritage Protection (DEHP) The proposal required referral to DEHP as the development involves an environmentally relevant activity #63 (2) (b) (i) for sewage treatment. This Agency has provided conditions in relation to the effluent system to be attached to any approval including: - Preventing and/or minimise likelihood of environmental harm;

and - Implementing a Site Based Management Plan (SBMP). 6.0 CONCLUSION

The proposal for education and health premises (outdoor education centre) and dwelling house (caretaker’s residence) involves a material change of use application. Flood and bushfire management plans have been submitted by the applicant to address potential risks. It is considered the exposure of persons to the harmful effects of flood and bushfire emergency situations can be limited by implementing the recommendations and mitigation measures outlined in these reports. The proposal does not compromise the long-term use of the land for rural purposes and appropriate conditions can be imposed to protect the amenity of the area. Therefore, it is considered appropriate for the proposal to be approved. 7.0 ATTACHMENTS Nil.



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M07/09/13 Moved: Cr I.T. Petersen Seconded: Cr J.A. Walker

That Council, as Assessment Manager, APPROVE development

application 2012-0944 for Material Change of Use – Education or Health premises (Outdoor Education Centre), Dwelling House (Caretaker’s Residence) and Environmentally Relevant Activity (ERA#63 (2) (b)(i) Sewage Treatment) on Lot 5 RP862823 located at Bella Creek Road, Bella Creek, subject to the following conditions:

Section 1 - Conditions to be Satisfied Prior to Commencement of

the Use 1.1. The use herein approved may not commence until:

(i) the following development permits have been issued and complied with as required – (a) Development Permit for Operational Works

(Roadworks and Associated Stormwater Drainage Works); and

(b) Development Permit for Building Work. 1.2. (i) Prior to the submission of a development application

for Building Works, submit two (2) copies of plans and specifications of the food preparation area at a scale of not less than 1:100, for assessment pursuant to the Food Safety Standards set out in Chapter 3 of the Australian New Zealand Food Standards Code. (ii) Building works shall be undertaken in accordance

with the approved plans and specifications (referred to in (i) above).

(iii) The use of the food preparation area herein approved may not start until kitchen fixtures, fittings and finishes have been installed in accordance with the approved plans and specifications (referred to in (i) above) Food Safety Standard 3.2.3 – Premises and Equipment set out in Chapter 3 of the Australian New Zealand Food Standards Code.

1.3. 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.

1.4. The approved development is to comply at all times with the

requirements of Council’s Planning Scheme.



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Note: The education or health premises (outdoor education centre) may only be used for accommodation on the grounds as indicated in the application (i.e. students and staff).

1.5 The measures recommended in the bushfire hazard and

vegetation assessment report compiled by Taylor Ecology dated July 2009 are to be implemented as part of the development.

1.6. 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.

1.7. Access to the development is to be constructed in

accordance with the requirements of Council’s Infrastructure Works Code – Drawing No. R-15 and is to be a minimum of six (6) metres wide.

1.8. Access to the facility shall have a minimum visibility of 105

metres in each direction to the satisfaction of Council’s Chief Executive Officer

1.9. The existing roads are to be upgraded to a standard

compatible with the proposed development. Council requires the following works to be carried out: Bella Creek Road:

DESCRIPTION APPROXIMATE CHAINAGES

Provide Road Edge Guide Posts to the floodway in accordance with the MUTCD.

380



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Reshape the intersection of Bella Creek Road and Old Yabba Creek Road such that there is a single path brought square to Bella Creek Road rather than the existing “Y” shaped intersection.

600

Old Yabba Creek Road:

DESCRIPTION APPROXIMATE CHAINAGES

Install delineation signs D4-3A L & R to grids.

83 & 655

Provide a passing bay on the right hand side.

110

Provide a passing bay on the left hand side.

300

Provide scour protection to the table drain on the right hand side.

Between 120 and 370

Remove and replace unsuitable clay material from the road formation.

370

Remove hazardous trees from the clear zone left hand and right hand sides.

450

Provide “Watch for Entering Traffic” sign W5-26C.

680

1.10. 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.

1.11. 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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1.12. The internal driveway is to be constructed in a manner to provide suitable access for a refuse collection vehicle to the satisfaction of Council’s Chief Executive Officer.

1.13. Prior to commencement of the operation of the licensable

food business obtain from Council a license pursuant to the Food Act 2006.

1.14. Provide potable water in accordance with the standards

prescribed by the National Health and Medical Research Council’s Australian Drinking Water Guidelines by: (a) the installation of an approved automatic water

treatment and disinfection system, or (b) the use of a water treatment system relying on

manually dosed chlorination. NOTE: Where water is not provided via Council’s reticulated supply, Council requires testing to gauge compliance with the guidelines. Where manual dosing of chlorine is used, the testing will be performed at the owner’s expense (as per Council’s fees and charges).

1.15. Prior to commencement of the use the following items are to be provided in accordance to the Environmental Protection (Waste Management) Regulation 2000 and all to the satisfaction of Council’s Chief Executive Officer: (i) approved refuse containers; and (ii) a centralized refuse storage enclosure comprising an

imperviously paved area provided with a hose cock and hose.

1.16. The number and type of refuse containers provided on site

is to be determined in accordance with Council’s Rating Policy.

1.17. Servicing of refuse containers is to be at a location

approved by Council’s Chief Executive Officer. 1.18. Waste water and other liquid wastes are not to be released

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

1.19. Any discharges of Trade Waste generated by the

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



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1.20. All advertising signs and devices are to be within the property boundary and shall comply with the relevant provisions of Council’s 2013 Planning Scheme.

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

Section 2 – General Conditions: 2.1. The development shall be generally in accordance with the

plans submitted with the application: Drawing Title Drawn By Date

Site Plan, Drawing Number A-SK-001 Amendment E

Phillips Smith Conwell Achitects

21/01/2013

Detail Site Plan, Drawing Number A-SK-002 Amendment C


21/01/2013

Detail Site Plan Indicating Proposed Cut and Fill, Drawing Number A-SK-003 Amendment C


21/01/2013

Detail Floor Plan – Girls & Boys Dormitory Typical, Drawing Number A-SK-004 Amendment B


11/03/2012

Elevations – Girls & Boys Dormitory Typical, Drawing Number A-SK-005 Amendment C


21/01/2013

Detail Floor Plan – Central Facilities, Drawing Number A-SK-006 Amendment C


21/01/2013

Elevations – Central Facilities, Drawing Number A-SK-007 Amendment B


11/03/2012

Detail Floor Plan & Elevations – Dwelling House and Shed, Drawing Number A-SK-008 Amendment B


21/01/2013



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2.2. A maximum of 160 students and 14 staff are approved to

occupy the site. Any increase in these numbers will necessitate a request to change this approval or a further material change of use approval depending on the intended scale.

2.3. The Flood Management Plan submitted with the application

authored by Nambour Christian College Ltd and dated February 2013 is to be implemented and updated on an annual basis to reflect contemporary issues.

2.4. The Bushfire Management Plan submitted with the

application authored by Nambour Christian College Ltd and dated February 2013 is to be implemented and updated on an annual basis to reflect contemporary issues.

2.5. Emergency vehicle access points are to be maintained at all

times. Emergency vehicles and personnel must not be obstructed or prevented from conducting their necessary duties.

2.6. Loading/unloading operations shall be conducted within the

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

Carried



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5/4 Development Application for Material Change of Use –

Multi-residential (Three (3) Units) at 20 Jaryd Place, Gympie for Eco Steel Homes Pty Ltd PORTFOLIO: Planning and Development DIRECTORATE: Planning and Development AUTHOR: Planning Officer – S. F. Court DOC ID: 2013-0301 LINK TO CORPORATE / OPERATIONAL PLAN:


1.0 BACKGROUND & PREVIOUS COUNCIL CONSIDERATION Nil. 2.0 REPORT FILE NO: 2013-0301 APPLICANT: Eco Steel Homes Pty Ltd RPD: Lot 48 SP215573 SITE ADDRESS: 20 Jaryd Place, Gympie CURRENT USE OF LAND: Vacant PROPOSAL: Material Change of Use for

Multi-residential (Three (3) Units) EXISTING ZONE: Housing LEVEL OF ASSESSMENT: Code (Inconsistent)



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2.1 INTRODUCTION

2.1.1 The Proposal This application is for a material change of use for multi-residential

(three (3) units). Each unit is proposed to have three (3) bedrooms.



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Proposal Plans



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67



68



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2.1.2 Site Description The subject site is 1 269m2 and the natural surface levels over the site result in a slope of approximately 8% falling from north to south over the site. The site is currently vacant.

2.1.3 Surrounding Land Uses The surrounding sites are residential in nature. There are currently detached houses surrounding the site with the exception of the site to the north of the allotment which is vacant. There is currently a development application (2013-0305) for three (3) units on the adjacent vacant lot to the north of the site. A report assessing that application also forms part of this agenda. An architectural conceptual elevation of the two (2) proposed developments and a site plan has been included by the applicant:



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2.2.1 Intent of the Zone The overall outcomes sought for the Housing Zone are to ensure that: (i) a range of housing forms is available and provides a high level of

amenity; and, (ii) well designed, attractive medium density housing is available in

proximity to services and public transport; and, (iii) in other areas, detached housing prevails; and, (iv) no residential uses, including home businesses, serving the

needs of local communities are located and managed to protect the existing amenity of residential uses.



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Multi-residential is outlined in the Cooloola Shire Council 2005 planning scheme as ‘the residential use of premises other than use for a dwelling house, home business or accommodation premises. The term includes: (a) row houses, terrace houses, town houses, apartment buildings

and the like; (b) dual occupancy of one lot including a second dwelling for a

relative or carer of permanent residents of the other dwelling on the same lot;

(c) aged care facilities, retirement villages and residential community titles schemes;

(d) relocatable home parks’.

(b) Development Provisions This application is determined to be code assessable development (inconsistent use) and is therefore assessable against the following provisions of council’s planning scheme. The codes for assessment are outlined below. Gympie Planning Area Code The proposed use is identified as an inconsistent use within the Gympie Planning Area (Housing Zone). The applicant submits the following in support of the site being considered for approval:



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“Multi-residential use is an inconsistent use on the site under the planning scheme. However, the proposal is considered to represent a suitable use of this particular site and the following factors are provided for Council's consideration: • The site is a large lot at 1269m2 and is of sufficient area to

accommodate two standard housing lots and the proposed three units results in a dwelling intensity that is less than one dwelling on a standard housing lot.

• Building design, siting and provision of screen fencing and landscaping is such that the unit development will not detract from the character and amenity of the immediate locality.

• The site has access to all urban infrastructure considered essential for the development.

• The site is in close proximity to the centre of Gympie and important community infrastructure.

• The site is close to a number of essential or preferred urban facilities and services.

• The proposal represents suitable infill development of the urban area of Gympie.”

The applicant provided additional justification in support of the development including: “The applicant notes the new Gympie Regional Planning Scheme has been adopted by Council and now dictates a minimum lot size of 500m2 for the Residential Living zone in which the site is contained. (The Superseded Planning Scheme previously indicated a minimum lot size of 600m2). This scheme also indicates that Dual Occupancy developments are to have a minimum site area of 750m2 and are code assessable uses. The applicant has lodged an application over the adjoining site (19 Jaryd Place 2013/0305) which has an area of 1269m2 (sic). If the sites were combined the sites would have a total area of 2205m2 which therefore could be re-subdivided to create 3 lots. Each lot would have an area of at least 750m2 which complies with the minimum size requirements for Dual Occupancies in the Residential Living zone. The new planning scheme therefore indicates that 3 duplex dwellings could be developed on the combined sites. It is noted that the development comprises three units with the adjoining site (20 Jaryd Place) also being developed for three units. The resultant density is therefore consistent with Councils desired intent for the area. The proposed development form has significant benefits over the creation of 3 separate lots and 3 Dual Occupancies over the two sites including: • Reduced number of driveways • Reduced hardstand areas



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• Increased landscaped open space especially to the street • High level of design • Coordinated design of the units • Economic benefits of reduced costs of development” The applicant has based justification for the proposal mainly on the basis that the application and the proposal on the adjoining lot are as one. The assessment for this application is based on this site only in comparison to the surrounding area. It is acknowledged that the lot could be subdivided to create two (2) 500m2 lots to comply with the Gympie Regional Council 2013 planning scheme. However, the minimum lot size for dual occupancy as referenced in Section 4 of the Residential Living Code is 750m2. Therefore, this proposal still would not accord with these provisions and it is considered that a maximum of a dual occupancy only would be supported over this site based on the above. In addition to this, there would be areas of non-compliance for the applicant to address to comply with the Gympie Regional Council 2013 planning scheme e.g. minimum road frontage would not be achieved. The minimum road frontage in the Residential Living Zone (Table 9.4 Minimum Lot Dimensions) is 15 metres or 6 metres for a rear allotment. The road frontage for Lot 48 is 15 metres and is not able to accommodate an access handle for a rear allotment. The sewer easement along the rear boundary of the property would also reduce the area suitable for development. The site is surrounded by other residential development comprising of detached dwelling houses. With the exception of the adjacent lot to the north of the site, the remaining vacant lots within the area do not have approvals or current development applications for multi-residential uses. Of the 14 vacant lots in the surrounding area, six (6) are under 750m2. It is envisaged that detached houses will occupy these allotments in the future. Therefore, it is considered that the proposal would be overly large and bulky in comparison to the surrounding detached dwellings. In regards to the proposal’s compliance with the Overall Outcomes for the Housing Zone relating to the subject site itself: the subject site is within walking distance to transport routes and

public transport infrastructure (bus stops) along Rifle Range Road; however,



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the site is not within walking distance to any other nearby facilities including shops; and,

the nearest school to the development site is approximately 2 846 metres walking distances to Victory College.

For the above reasons, the justification provided by the applicant is not considered validated nor does it differentiate the site from many others in Gympie. Based on the proposal plans submitted with this application, it is not considered that the development will contribute to a high level of amenity for either the intended occupants or the existing area. The Gympie Regional Council 2013 planning scheme identifies the site as being zoned Residential Living, making the proposed use impact assessable. This reinforces Council’s position that this area should be utilised for detached dwelling houses and duplexes. Multi-Residential Code It is acknowledged that the proposal is able to comply with the provisions in the code ie setbacks, car parking, landscaping, building height however the primary issue is the conflict with the intentions and character of the area. Erosion and Sediment Control Code This would not be considered a significant imposition on the development as the site is relatively flat and could be reasonably addressed through standard conditions. Infrastructure Works Code The site is serviced by all of the items listed in the provision of works table in the code. Infrastructure charges would apply to this development as they would for any multi-residential application. Landscaping Code The development complies with the overall outcomes of the Landscaping Code. Vehicle Parking and Access Code A single garage is proposed adjacent to each unit with visitor car parking located to the front and rear of the development. A total of six



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(6) carparking spaces are proposed. Three (3) covered and three (3) uncovered. It is considered that the car parking spaces proposed comply with the provisions of the Vehicle Parking and Access Code. 2.3 OTHER PLANNING CONSIDERATIONS 2.3.1 Gympie Planning Scheme The Gympie Regional Council 2013 planning scheme introduced on 1 July 2013 includes the site in the ‘Residential Living’ zone:

The intention of this zone is to: “provide for predominantly dwelling houses supported by community uses and small-scale services and facilities that cater for local residents .. … For sites other than in the Southside Local Development Area Precinct: “(i) A broad range of housing, predominantly detached dwelling

houses, on a range of lot sizes is provided. (j) Development provides for an efficient land-use pattern that is

well connected to existing urban areas and infrastructure … (m) Development is of a form that is compatible with the scale and

character of low density residential living. (n) Higher density residential development in the form of multiple

dwellings, rooming accommodation or short term accommodation is not expected in this zone.”



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Multi-residential (three (3) units) would be defined as “multiple dwelling” and would be impact assessable. Given the proposed use will not be detached housing and is considered to be of a scale and character unsuitable for the existing low density residential living, it is not compatible with the intentions council has for this area in the future. Therefore, it is considered the proposal would also conflict with the Gympie Regional Council 2013 planning scheme. 2.3.2 Appropriateness of the Proposal The use of the site for multi-residential purposes is not considered appropriate in this area as it is inconsistent with the intent of the Planning Scheme. 2.3.3 Flooding The site is not known to be subject to flooding. 2.3.4 Utilities and Services The site is presently serviced by reticulated water and sewerage and headworks charges would apply to any approval. 3.0 BUDGET IMPLICATIONS


The development is inconsistent with Council’s planning scheme, and sufficient planning grounds have not been submitted to warrant approval despite this conflict. Approval of the application would also conflict with Council’s future planning intentions for this site as articulated in the Gympie Regional Council 2013 planning scheme.

5.0 CONCLUSION An application is made for a three (3) unit development outside the Mixed Housing Preferred Use Area. The proposed development does not comply with the provisions relating to consistent uses for the Housing Zone of Council’s Planning Scheme. Justification submitted for the development, relying largely on the proposal complying with the multi-residential code, subdivision potential of the lot with the commencement of the Gympie Regional Council 2013 planning scheme and the proposed development on Lot 47 SP215573 (2013-0305), are not considered to constitute ‘overriding



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planning grounds’ to recommend the application be approved in conflict with the planning scheme. Based on the above, refusal of the proposal has been recommended. 7.0 ATTACHMENTS Nil.

M08/09/13 Moved: Cr I.T. Petersen Seconded: Cr L.J. Friske

That Council, as Assessment Manager, REFUSE Development Application 2013-0301 for Material Change of Use for Multi-residential (Three (3) Units) on Lot 48 SP215573 located at 20 Jaryd Place, Gympie, for the following reasons: 1. The proposal conflicts with Council’s Planning Scheme and

sufficient grounds have not been submitted to warrant an approval despite the conflict;

2. The proposal conflicts with the Gympie Regional Council

Planning Scheme, which commenced on 1 July 2013 and therefore has statutory relevance.

Carried



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5/5 Amendments to the Sustainable Planning Regulation 2009 regarding

Vegetation Clearing PORTFOLIO: Planning and Development DIRECTORATE: Planning and Development AUTHOR: Planning Officer – Planning Strategy & Major

Projects – S. A. Capell LINK TO CORPORATE PLAN: 1. INFRASTRUCTURE

1.2 Community focused facilities and services 4. ENVIRONMENT

4.3 Responsibly managed environmental practices 1. BACKGROUND On 2 August 2013, the Department of State Development, Infrastructure and Planning amended the Sustainable Planning Regulation 2009 by introducing two new vegetation clearing exemptions. 2. REPORT The amendments introduced by the State affect schedule 24 – Clearing of native vegetation – not assessable development under schedule 3, part 1, table 4, item 1. The first amendment relates to schedule 24, part 1, section 1, item (8) which previously provided an exemption for ‘any aspect of development for core airport infrastructure on airport land’. This has been amended to exempt ‘clearing vegetation, for an airport-related purpose, on airport premises.’ Secondly, item (16) has been introduced which makes ‘clearing vegetation for community infrastructure mentioned in schedule 2’ exempt. Community infrastructure identified in schedule 2 includes: ‘Part 1 Community infrastructure for transport 1. active transport infrastructure 2. air transport infrastructure 3. ancillary works and encroachments 4. busway transport infrastructure 5. light rail transport infrastructure



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6. miscellaneous transport infrastructure 7. public marine transport infrastructure 8. rail transport infrastructure 9. roads on State toll road corridor land 10. State-controlled roads 11. transport infrastructure mentioned in schedule 3 of the Act,

definition development infrastructure 12. wharves, public jetties, port facilities and navigational facilities 13. storage and works depots and similar facilities, including

administrative facilities associated with the provision or maintenance of the community infrastructure mentioned in this part

14. any other facility for transport not mentioned in this part that is intended primarily to accommodate government functions.

Part 2 Other community infrastructure 1. aged-care facilities 2. cemeteries and crematoriums 3. communication network facilities 4. community and cultural facilities, including facilities where an

education and care service under the Education and Care Services National Law (Queensland) is operated or a child care service under the Child Care Act 2002 is conducted, community centres, meeting halls, galleries and libraries

5. correctional facilities 6. educational facilities 7. emergency services facilities 8. facilities for parks and recreation 9. hospitals and associated institutions 10. oil and gas pipelines 11. operating works under the Electricity Act 1994 12. sporting facilities 13. waste management facilities 14. water cycle management infrastructure 15. storage and works depots and similar facilities, including

administrative facilities associated with the provision or maintenance of the community infrastructure mentioned in this part

16. any other facility not mentioned in this part that is intended primarily to accommodate government functions.’

3. BUDGET IMPLICATIONS Nil 4. POLICY IMPLICATIONS The amendments introduced by the State are consistent with the general philosophy of the Gympie Regional Council Planning Scheme



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2013, which has a focus on removing red-tape for the establishment of community infrastructure in appropriate locations. 5. CONSULTATION Nil 6. CONCLUSION The report has been provided for Council’s information, however, it is recommended that it is referred to the Environment Strategy Working Group for discussion, regarding Council’s operational procedures

M09/09/13 Moved: Cr I.T. Petersen Seconded: Cr M.A. McDonald That Council: 1. Note the content of the report. 2. Refer the matter to the Environment Strategy Working Group

for discussion regarding Council’s operational procedures.

Carried



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SECTION 6: SOCIAL WELLBEING 6/1 Gympie Central Business District Revitalisation Strategy

PORTFOLIO: Planning & Development Social Wellbeing DIRECTORATE: Planning & Development AUTHOR: Manager Planning Strategy & Major Projects K.M. Toomey DOC ID: N/A LINK TO CORPORATE PLAN: 1. Infrastructure 2. Economic Development 5. Social Wellbeing 1. BACKGROUND & PREVIOUS COUNCIL CONSIDERATION The Gympie Central Business District will continue to experience ongoing pressure from factors such as the presence of new district centres, the changing face of retailing and the generally challenging economic times. Mary Street is the original heart of Gympie and should continue to be seen as the retail and community hub of the region. Council needs to continue to play a lead role into the future, if this is to be achieved. Funding was committed as part of the budget for the 2012/13 financial year to begin the process of developing a revitalisation strategy for the Gympie CBD. 2. REPORT In the 2012/13 financial year, PLACE Design Group and Jones Lang LaSalle were commissioned to undertake a scoping study as part of a broader revitalisation strategy for the CBD to gain an understanding of the commercial and physical challenges facing the centre and the identification of potential improvement options. The objective of the study was to look at measurable links within the Gympie CBD and determine the regional priorities that will assist in creating a multi-functional social centre and in doing so, reinvigorate the CBD. The scoping study was multifaceted, thoroughly analysing the present state of the centre and has informed and identified various



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implementation opportunities. The study involved the collection, collation and interpretation of baseline data to form a strong base of information that Council can leverage off to strategically drive the performance, economic growth and vibrancy of the Gympie CBD and indirectly the greater Gympie region. The CBD performs across a number of perspectives and a set of core qualities emerged throughout the study. These core qualities, which will form the basis for future revitalisation actions, have an important role in supporting the vitality and sustainability of the centre through facilitating a physical environment in which the centre can function as a community asset, a convenient retail location, and a competitive business district. The five core qualities are as follows: a) Commercial Vitality Sustained commercial vitality is fundamental to any centre. It is as important to local identity, and community needs and amenity, as it is to trader and stakeholder interests. Commercial vitality requires careful alignment of planning, design, economic strategy and governance; and is acknowledged as being subject to cycles over time and through the life of the centre. b) Sense of Place A strong sense of place creates familiarity and authenticity. It is important in creating cohesive domains through built form, branding, connection with local values and community ownership. It improves the experience of a centre and encourages visitation. c) Comfortable Pedestrian Realm A comfortable pedestrian experience encourages ease of movement and social interaction and assists in activating a centre by circulating users to improve trade exposure and potential, as well as the likelihood of revisitation. d) Safety Safety and security are important to the function of a centre, where risk may include opportunistic crime; anti-social behaviour and potential conflicts between pedestrians and vehicles. Safety and security for patrons and businesses, removes anxiety cues that may diminish the positive experience of a centre and discourage patronage. e) Ease of Access The centre needs to be accessible and well connected. Perceived inaccessibility can discourage patronage of the centre. Ease of access for users, traders, services and the community is imperative for visitation and the function of any centre.



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3. BUDGET IMPLICATIONS As part of the adopted budget for the 2013/14 financial year, an amount of $100,000.00 was allocated to progress a number of the priority projects identified within the scoping study as part of the broader revitalisation strategy. These include: a) Branding and positioning/marketing strategy, which will seek to

refresh the CBD’s identity and focus on offering a unique and alternate product or shopping and business experience. The CBD still portrays a unique historic charm with a large portion of the street featuring traditional character architecture and numerous State heritage listed buildings. This is a relatively unique offering, particularly within convenient driving distance of the Sunshine Coast.

b) Streetscape design, which will include a unifying street-furniture and planting palette selection and enhance the overall pedestrian amenity and character setting of the CBD. Whilst the entire CBD will be considered, a particular focus area will be the western-block (Civic Precinct) which is currently dominated by the road carriageway, despite its strong historical architectural form and elevated position. The addition of mature street-trees, a key element of most successful streetscapes, and landscaping would create a more appealing public realm, at this location.

c) Smithfield Street reconfiguration (design phase), which will review

traffic flow and parking configurations with the intention of creating a high quality pedestrian environment, facilitating improved larger outdoor dining opportunities on the eastern side of Smithfield Street.

d) Parking and Traffic Study, which will review the current traffic flow

and make recommendations regarding the suitability of existing and possible future parking arrangements.

4. POLICY IMPLICATIONS Reinforcing the role of the Gympie CBD as the principal centre for the region, is consistent with the Wide Bay Burnett Regional Plan, Council’s Community Plan, Corporate Plan, Operational Plan and the recently adopted Planning Scheme. 5. CONSULTATION

a) Internal An internal project control group has been established to ensure integrated, high quality outcomes are being achieved within the CBD, across all areas of Council.



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b) External Comprehensive community and stakeholder engagement will occur as part of the projects funded in this financial year. 6. CONCLUSION A high quality and valued central business district contributes significantly to a prosperous and “livable” region, supporting the economy and attracting people to visit, live, work, play and invest. A vibrant centre also provides opportunities to celebrate arts, tourism and culture and enables healthy lifestyles and community interaction, which influence our physical and mental health and wellbeing. The strategy and projects outlined in this report, whilst only the first steps, focus on rebuilding a unique offering for the Gympie Central Business District, allowing it to once again compete and provide a strong and vibrant contribution to the local region. 7. ATTACHMENTS: Nil, although a summary document, outlining the objectives of the revitalisation strategy and the upcoming projects, will be available at the meeting and will also be published on Council’s website.

M10/09/13 Moved: Cr A.J. Perrett Seconded: Cr M.A. McDonald That Council note the conclusion of the Scoping Study for the Gympie Central Business District Revitalisation Strategy and endorse the priority projects outlined for the 2013/14 financial year.

Carried



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6/2 Pettigrew’s Cooloola Timber Tramway Complex, Cooloola Recreation

Area, Great Sandy National Park, Cooloola PORTFOLIO: Social Wellbeing


AUTHOR: Senior Planner – Land use, Sport & Recreation

and Heritage – M. Matthews FILE ID: 6-6-9-4 DOC ID: 1649077 LINK TO CORPORATE/OPERATIONAL PLAN: 5.4 “A valued heritage and creative community”.

1. BACKGROUND & PREVIOUS COUNCIL CONSIDERATION: The purpose of this report is to advise Council that the Pettigrew’s Cooloola Timber Tramway Complex has recently been included on the Queensland Heritage Register as a State Heritage Place. The matter has been previously considered by Council at the Planning & Development Committee Meeting held on 16 March 2011, where it was resolved to ‘write to the Department of Environment and Resource Management highlighting the cultural significance of the Tin Can Bay timber tramway, and suggesting the site be considered for entry on the State Heritage Register.’ The matter was also considered by Council on 8 May 2013, where it was resolved that Council ‘write to the Department of Environment and Heritage Protection, in support of the proposed entry of Pettigrew’s Cooloola Timber Tramway Complex onto the Queensland Heritage Register. 2. REPORT: Correspondence has been received from the Department of Environment and Heritage Protection on 22 July 2013, advising that it has been resolved as follows: “RESOLUTION NO. 263.4 Having considered the application, the submissions made under s.41 of the Queensland Heritage Act 1992 [the Act], the report of the Department and the recommendation of the Chief Executive’s delegate for the Pettigrew’s Cooloola Timber Tramway Complex, Cooloola



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Recreation Area, Great Sandy National Park, the Queensland Heritage Council resolves in accordance with s.53 of the Act to enter this place in the Queensland Heritage Register as a State Heritage Place because it satisfies criteria a, c, e and h as specified in s.35(1) of the Act.” 3. BUDGET IMPLICATIONS: The site is on State owned land and the application for inclusion on the Queensland Heritage Register was made by the State, therefore there are no budgetary implications for Council. 4. POLICY IMPLICATIONS: Nil. 5. CONSULTATION: Council was consulted as a stakeholder in this process, given that the site is located within the Gympie region. Comment was sought by the Department and provided by Council via the Council resolution on 8 May 2013. 6. CONCLUSION: The inclusion of the Pettigrew’s Cooloola Timber Tramway Complex on the Queensland Heritage Register was initiated by Council in 2011. The collaborative engagement that has subsequently occurred between Council, the State and local historians and members of the community, is a positive outcome in recognising the region’s important heritage.

M11/09/13 Moved: Cr L.J. Friske Seconded: Cr J.A. Walker That Council note the inclusion of the Pettigrew’s Cooloola Timber Tramway Complex over Lot 21 NPW1150 on the Queensland Heritage Register as a State Heritage Place.

Carried



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SECTION 7: HEALTH & ENVIRONMENT



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SECTION 8: GOVERNANCE & ECONOMIC DEVELOPMENT 8/1 Trustee Lease – Tin Can Bay Tennis Club Inc. over part of Tom Steele

Park, Whiting Street, Tin Can Bay being Lot 15 MCH3168 R6112 PORTFOLIO: Governance and Economic Development DIRECTORATE: Corporate Governance AUTHOR: Manager Corporate & Customer Services DOC ID: 1653182 LINK TO CORPORATE / OPERATIONAL PLAN: Outcome 1.2 and Outcome 3.2.9 respectively

1. BACKGROUND & PREVIOUS COUNCIL CONSIDERATION The Tin Can Bay Tennis Club Inc. has occupied part of the property known as Tom Steele Park, Whiting Street, Tin Can Bay for many years. During this time a clubhouse and tennis courts have been constructed and maintained by the club. 2. REPORT Property Details: Lot 15 MCH3168, Whiting Street, Tin Can Bay Tenure: Trustee



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Correspondence has been received from the Tin Can Bay Tennis Club Inc. requesting council consider entering into a formal agreement for the area in which they are currently occupying. Council’s records indicate that the Tin Can Bay Tennis Club Inc. has been occupying the current site on the property known as Tom Steele Park for at least 30 years with no formal agreement or lease in place. The club has constructed a clubhouse and tennis courts and has been responsible for the maintenance and associated costs of these facilities during this time. 3. BUDGET IMPLICATIONS Nil 4. POLICY IMPLICATIONS Nil 5. CONSULTATION Councillor Mark McDonald Manager Community Development & Facilities – Heather Kelly Parks Manager – Ed French 6. CONCLUSION Due to the current use being made of the land, it is considered appropriate that a formal trustee lease be entered into with the Tin Can Bay Tennis Club Inc. over part of Lot 15 MCH3168. 7. ATTACHMENTS Nil



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M12/09/13 Moved: Cr A.J. Perrett Seconded: Cr M.A. McDonald

That Council offer a lease in Council’s Standard Trustee Lease format to the Tin Can Bay Tennis Club Inc. for part of Lot 15 on CP MPH3168 located on Whiting Street, Tin Can Bay subject to all Planning, Building, Design and Health matters being satisfactorily resolved, and the lease to include the following terms and conditions:

(a) Term of Lease – 10 years; (b) Rental - $100.00 pa + GST + CPI; (c) Use – Recreation & Sporting Facility; (d) The Lessee to hold public liability insurance in a sum not

less than $20,000,000.00 or such other amount that Council shall determine from time to time in the name of the Lessee and Gympie Regional Council;

(e) All costs associated with the preparation and registration of the Lease to be borne by the Lessee.

Carried



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8/2 Process for Making Local Laws

PORTFOLIO: Governance and Economic Development DIRECTORATE: Corporate Services AUTHOR: Acting Director Corporate Governance DOC ID: CGP110 LINK TO CORPORATE / OPERATIONAL PLAN: Corp Plan: 3.2 Transparent and accountable service delivery Op Plan: 3.2.6 Governance - Legal 1. BACKGROUND & PREVIOUS COUNCIL CONSIDERATION The Local Government Act 2009 (Act) allows for each local government to determine its own local law making process within overarching parameters set by the Act. In July 2012, council adopted a process for making local laws via minute M47/07/12. Recent legislative changes have necessitated a review of that process. 2. REPORT Since council adopted its process for making local laws in July 2012, a number of legislative amendments have been introduced triggering a review. An amended version of the document CSP110, ‘Process for Making Local Laws’, adopted by council in July 2012, is included with this agenda. In summary, the key changes made to the original document are:-

• Updated section numbers due to the 2012 amendments to the Act and regulation

• The Act no longer defines local laws that are not model local

laws or interim local laws as ‘other local laws’

• Removal of the steps requiring submission of results of the state interest check to the Minister and requirement for Minister’s approval (as a result of the 2012 amendments)



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• Public notices no longer have to be advertised in a local

newspaper (only on the council website and in the Gazette)

• 14 days allowed to send a copy of the local law to the Minister instead of 7 days (the copy has to be in electronic form)

• Model local laws can now include the provisions to repeal an

inconsistent previous local law, without making it a non-model local law requiring a state interest check

The above amendments are of an administrative nature and in line with the state government’s stance on red tape reduction. In practice, these changes have the potential to reduce approval times for local laws requiring state interest checks by several months. Advertising costs are further reduced by no longer making it mandatory to publish local law related public notice advertisements in newspapers. In the past, the mandatory content and format of some of these template style public notices have required half page and larger newspaper advertisements to be published. 3. BUDGET IMPLICATIONS Reduction in mandatory newspaper related advertising costs. 4. POLICY IMPLICATIONS Nil 5. CONSULTATION Michael Limerick (Barrister) – Local Laws legal consultant 6. CONCLUSION Due to recent legislative changes, various amendments are required to the process previously adopted by council to make local laws. These amendments are administrative in nature and result in reduced approval times and newspaper advertising costs for making or amending local laws. 7. ATTACHMENTS: ATTACHMENT 1 - CSP110 Process for Making Local Laws

M13/09/13 Moved: Cr W.W. Sachs Seconded: Cr A.J. Perrett That Council adopts the processes detailed in the revised version of document CSP110 ‘Process for Making Local Laws’, as presented, as Gympie Regional Council’s Local Law Making Process in accordance with s29(1) of the Local Government Act 2009.

Carried



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8/3 Summarised Budget Report as at 31 July 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 2013/14 financial year as at 31 July 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 6. CONCLUSION As this is the first month of the financial year there are no significant budget variations requiring comment.



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7. ATTACHMENTS: ATTCHMENT 2 - Summarised Budget Report as at 31 July 2013.

M14/09/13 Moved: Cr A.J. Perrett Seconded: Cr R.A. Gâté That the information be received.

Carried



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SECTION 9: INFRASTRUCTURE 9/1 Gympie Airport Charges

PORTFOLIO: Infrastructure DIRECTORATE: Engineering Services AUTHOR: Director of Engineering Services LINK TO CORPORATE / OPERATIONAL PLAN:

1. BACKGROUND & PREVIOUS COUNCIL CONSIDERATION Council needs to set new charges at the airport for apron parking and connection to power. 2. REPORT Previous parking charges were not successful. The Aero Club has proposed a new parking area and new charges that will have widespread support. The proposed charge of $3.50 per night in the designated area is considered reasonable, and would make long term parking feasible. Power reticulation to existing powered sites and to new commercial sites is imminent. The final cost is expected to be in the vicinity of $150,000. Council needs to establish an access fee for lessees to connect to the network, with a view to cost recovery. It is expected there will be three applications in the short term, with a gradual take up over time. There may, in the longer term, be up to twenty new connections. It is intended that new applicants for power will pay for their own wiring to the point of connection, and their own usage fees. The proposed access fee entitles the lessee (applicant) to connect across Council land to the Council supplied reticulation system. In the past Council has collected general contributions as a lease condition for the power reticulation system, to varying degree depending on the contribution policy at the time. The highest contribution paid was $7875 in 2007. It is proposed that all of these contributions be taken into account when determining new connection costs. 3. BUDGET IMPLICATIONS



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4. POLICY IMPLICATIONS Nil 5. CONSULTATION

6. CONCLUSION 7. ATTACHMENTS Nil

M15/09/13 Moved: Cr M.A. McDonald Seconded: Cr W.W. Sachs That Council apply a fee of $3.50 per night, for aeroplane parking on the apron at the Gympie Airport. Further that Council apply an access fee to Council electricity reticulation of $7500 indexed on CPI, payable once only. The fee will be inclusive of any past electricity upgrade payments made by the lessee.

Carried



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9/2 Tender 2013/2014 T001 – NDRRA Remediation Works

PORTFOLIO: Infrastructure DIRECTORATE: Infrastructure AUTHOR: Manager, Major Projects DOC ID: LINK TO CORPORATE / OPERATIONAL PLAN: Corporate Plan: 1.1 Operational Plan: 1.1.4

1. BACKGROUND & PREVIOUS COUNCIL CONSIDERATION Tender 2013/14 T001 consists of NDRRA Remediation Works approved and funded by the Queensland Reconstruction Authority Tender advertisements occurred on Saturday 6 July 2013 in The Gympie Times, The Courier Mail and The Fraser Coast Chronicle with an additional advertisement on Tuesday 9 July 2013 in The South Burnett Times. 2. REPORT Public Tenders for: 2013/14 T001 NDRRA Remediation Works closed at 2:00pm on Tuesday 6th August 2013. Tenders were received as follows: (all inclusive of GST)

Tenderer Totals for Comparison Purposes

Beckhaus Civil Engineering $ 1,650,039

Civcorp $ 1,599,241

Sunstate Group Qld $ 1,073,254

Skeen Constructions $ 916,204

Hazel Bros Group $ 861,611

ALLROADS $ 781,469



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Tenderer Totals for Comparison Purposes

Brittwood Constructions $ 767,801

JAC Civil $ 658,646

RDS Roadworks $ 644,941

Queensland Concrete & General Construction $ 620,726

Lanson Civil $ 566,564

Ardnox Group $ 522,659

Gympie Building Company $ 491,676

Gympie Civil $ 442,258

A late tender (3 minutes) was received from SEDL Earthmoving. While this tender was subsequently opened, it has not been progressed through the assessment process as it was deemed to not be in contention. Of the fourteen (14) tenders received and opened at the time for Lodgement of Tenders:

• No alternative tenders were submitted for consideration.

• Six (6) tenders were not progressed due to significant inconsistencies and/or ambiguities within their tenders

• The three (3) lowest tenders were evaluated on non-price and price criteria as per the conditions of tender.

3. BUDGET IMPLICATIONS The project has been approved by the Queensland Reconstruction Authority. The three (3) Tenders in Contention are within the approved budget. 4. POLICY IMPLICATIONS No policy implications.



99

5. CONSULTATION N/a 6. CONCLUSION Of the three (3) tenders in contention, Gympie Civil Pty Ltd and Gympie Building Company Pty Ltd were both assessed as superior to Ardnox Group Pty Ltd. There is little to differentiate the non-price criteria of Gympie Civil Pty Ltd and Gympie Building Company Pty Ltd. Both received highly favourable references and are experienced in this type of civil construction. Gympie Civil have more developed management systems and staff appear more experienced in the delivery of the type of civil roadworks involved in this contract. However, traffic and community interactions will be minimal for the works defined within this contract. The tendered amounts have been adjusted so that all tenders meet the specification requirements. The comparative tender amounts are detailed below:

Name of Tenderer Submitted

Tender Amount

Comparative Tender Amount

Difference

Ardnox Group $ 522,659 $ 522,659 -

Gympie Building Company $ 491,676 $ 482,408 -$ 9,268

Gympie Civil $ 442,258 $ 430,257 -$ 12,001

All amounts are inclusive of GST

7. ATTACHMENTS Nil

M16/09/13 Moved: Cr L.J. Friske Seconded: Cr M.A. McDonald That:

1. Council accepts the tender received from Gympie Building Company for the corrected tendered price $ 482,408 of inclusive of GST for Tender 2013/14 - T001 for NDRRA Remediation Works; and

2. The unsuccessful tenderers be notified accordingly.

Carried



100

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



101

SECTION 13: GENERAL BUSINESS Hazard reduction burning on council road reserves

From: Cr I.T. Petersen Date: 11 September 2013

Cr I.T. Petersen requested that council authorise the Chief Executive Officer to provide a letter of authority to rural fire brigade first officers for hazard reduction burning on council road reserves.

M17/09/13 Moved: Cr I.T. Petersen Seconded: Cr L.J. Friske

That council authorise the Chief Executive Officer to provide a letter of authority to rural fire brigade first officers for hazard reduction burning on council road reserves.

Carried ADJOURNMENT OF MEETING The Meeting adjourned for morning tea at 9.55am. RESUMPTION OF MEETING The Meeting resumed at 10.14am.



102

COUNCIL IN COMMITTEE

The Mayor advised the meeting that Council was going “Into

Committee” to discuss: 1. Sale of Land

M18/09/13 Moved: Cr R.A. Gâté Seconded: Cr J.A. Walker That pursuant to the provisions of Section 72 of the Local

Government (Operations) Regulation 2010, Council resolves to close the meeting to the public and move “into committee” to consider the following matter/s:- 1. Sale of Land

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 M19/09/13 Moved: Cr R.A. Gâté Seconded: Cr M.A. McDonald That proceedings be resumed in Open Council.

Carried



103

SECTION 14: IN COMMITTEE

14/1 Sale of Land

PORTFOLIO: Governance and Economic Development DIRECTORATE: Corporate and Community Services AUTHOR: Principal Finance Officer Revenue – Russell Watson DOC ID: N/A LINK TO CORPORATE / OPERATIONAL PLAN: Corporate Plan: 3.4 Responsible Corporate Financial Management Operational Plan: 3.4.2 Financial Accounting Rating This item is in-committee in accordance with s275(1)(h) of the Local Government Regulation 2012 – 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.

M20/09/13 Moved: Cr M.A. McDonald Seconded: Cr L.J. Friske That:

1. Council cease further sale action on assessments 5403 and 22756 and 41098.

2. Council proceed with the sale process for the ratepayers in section (b) who have not paid any of the rate debt unless a full or substantial payment is made by 13 September 2013.

Carried



104

SECTION 15: ATTACHMENTS

Attachment 1 – Refer Item 8/2 - CSP110 Process for Making Local Laws Attachment 2 – Refer Item 8/3 - Summarised Budget Report as at 31 July 2013

There being no further business the meeting closed at 10.26am

Confirmed this SECOND day of OCTOBER 2013

________________________ Cr R.J. Dyne CHAIRMAN

ATTACHMENT 1

Refer Item 8/2

Process for making local laws

of the

ORDINARY MEETING


CORPORATE GOVERNANCE

CSP110 Page 1 of 5 Adopted: ??/07/13 Process for Making Local Laws

[Printed copies are uncontrolled. It is the responsibility of each user to ensure that any copies of Management System documents are the current issue.]

PROCESS FOR MAKING LOCAL LAWS

1.0 PURPOSE

Pursuant to s 29(1) of the Local Government Act 2009 (‘the Act’), this document sets out the council’s process for making a local law.

2.0 BACKGROUND

The Act provides as follows:

Section 29 Local law making process

(1) A local government may decide its own process for making a local law to the extent that the process is not inconsistent with this part.

As s 29(1) indicates, Chapter 3, Part 1 of the Act sets out minimum procedural requirements that must be complied with by the council in making any local law, but apart from these requirements, it is a matter for the council to decide its own process for making a local law. The new Local Government Act 2009 is much less prescriptive about local law making processes than the Local Government Act 1993, particularly in relation to public consultation. The former Act generally required public consultation for a minimum of 21 days for all local laws except model local laws and interim local laws.

This document sets out the general processes decided by the council for making different types of local laws. For completeness, the document incorporates and repeats the processes required from the Act, but its main function is to fill in the gaps by indicating the council’s own processes for matters not stipulated by the Act.

3.0 DEFINITIONS (see s 26 of the Act)

A local law is a law made by a local government.

A model local law is a local law that the Minister has approved, by gazette notice, as being suitable for adoption by all local governments.

An interim local law is a local law that has effect for six months or less.

A subordinate local law is a local law that—

a) is made under a power contained in a local law; and

b) provides for the detailed implementation of the broader principles contained in the local law.

4.0 APPLICATION

The process set out in this document will be applicable whenever the council decides to make a new local law (including one that amends an existing local law), unless the council makes a resolution amending this process. The council may, at any time, make a resolution pursuant to s 29(1) of the Act to decide a different process for making a particular local law, as long as the process complies with the requirements in Chapter 1, Part 3 of the Act. This document indicates the elements of the local law-making process that are stipulated by the Act and therefore cannot be changed by the council by using the words ‘legislative requirement’.




4.1 Process for making a model local law

Step Explanation

4.1.1 Council makes a resolution proposing to adopt the model local law and to repeal any existing local laws that would be inconsistent with the model local law.

This places council’s intention to adopt the new local law on the public record and enables consideration of any consultation or public interest test processes required.

Under the Act, the model local law can include a provision to repeal any existing local law that would be inconsistent with the model local law (see s 29A(2)(b) of the Act). This will avoid the need for a separate repealing local law requiring a state interest check.

4.1.2 Council reviews the model local law to identify any possible anti-competitive provisions, using the ‘Guidelines to assist local governments identify possible anti-competitive provisions in proposed local laws and proposed local law policies’.

Legislative requirement – s 38 of the Act, s 16 Local Government Regulation 2012 (‘the Regulations’).

4.1.3 If the model local law contains possible anti-competitive provisions, council undertakes a public interest test process in line with the ‘National Competition Policy Guidelines for conducting public interest tests on possible anti-competitive provisions in local laws and local law policies’.

Legislative requirement – s 38 of the Act, s 16 of the Regulations.

4.1.4 Council undertakes any appropriate community engagement in accordance with the council’s ‘Community Engagement Policy’ and ‘Guide to Engagement’.

Depending on the significance and impact of the proposed model local law, engagement might involve public advertising for a period of weeks and consideration of submissions by the public. Model local laws have already been subjected to state wide community consultation by the state prior to gazettal, so the council may decide not to undertake further engagement or to limit engagement to the subordinate local laws made under the model local law, as these generally contain the detailed regulation.

4.1.5 Council makes a resolution adopting the model local law (assuming any public interest test/community engagement confirms the council’s desire to proceed).

Legislative requirement – local laws must be made by resolution (see s 29(2) of the Act).

4.1.6 Council gives public notice of the local law by publishing a notice of the making of the local law in the government gazette and on the council’s website, within one month of the date of the resolution to make the local law.

Legislative requirement – s 29B of the Act. See s 29B(3) and (4) for requirements about the notices.




Step Explanation

4.1.7 As soon as practicable after the notice is published in the gazette, council ensures copies of the local law are available for inspection and purchase by the public at its public office.

Legislative requirement – s 29B(5) of the Act.

4.1.8 Within 14 days after the notice is published in the gazette, council forwards to the Minister:

a. a copy of the notice; and b. a copy of the local law in electronic form.


4.1.9 Council updates its local law register. Legislative requirement – s 31 of the Act and s 14 of the Regulations.

4.2 Process for making a local law that is not a model local law or interim local law

Step Explanation

4.2.1 Council makes a resolution proposing to make the local law.

This places council’s intention to adopt the new local law on the public record and enables consideration of any consultation or public interest test processes required.

4.2.2 Council contacts any relevant state government entities to seek their views about the overall state interest in the proposed local law.

Legislative requirement – s 29A(3) of the Act.

4.2.3 Council reviews the local law to identify any possible anti-competitive provisions, using the ‘Guidelines to assist local governments identify possible anti-competitive provisions in proposed local laws and proposed local law policies’.


4.2.4 If the local law contains possible anti-competitive provisions, council undertakes a public interest test process in line with the ‘National Competition Policy Guidelines for conducting public interest tests on possible anti-competitive provisions in local laws and local law policies’.



Depending on the significance and impact of the proposed local law, engagement might involve public advertising for a period of weeks and consideration of submissions by the public.

4.2.6 Council considers the results of the state interest check, engagement with the community and public interest test consultations and makes any amendments to the proposed draft local law as necessary.

Note that if the council decides to change the draft local law, it will then consider whether or how much further community engagement might be required regarding the revised draft.

4.2.7 Council makes a resolution to make the local law (either in its original form or as amended during step 6).





Step Explanation

4.2.8 Council gives public notice of the local law by publishing a notice of the making of the local law in the government gazette and on the council’s website, within one month of the date of the resolution to make the local law.


4.2.9 As soon as practicable after the notice is published in the gazette, council ensures copies of the local law are available for inspection and purchase by the public at its public office.






4.3 Process for making an amendment to an existing local law

To amend an existing local law requires a separate amending local law that contains the amendments. For example, the amending local law might contain only one provision, which inserts a new offence into the existing local law. To make this amending local law, the process is the same as for making an entirely new local law – ie. the process will be as per ‘4.2 Process for making a local law other than a model local law or interim local law’.

This process will also apply where the council amends an adopted model local law.

4.4 Process for making an interim local law

The process for making an interim local law is the same as set out above under ‘4.2 Process for making a local law other than a model local law or interim local law’, except that steps 3 and 4 relating to anti-competitive provisions do not apply (see s 38(3) of the Act). An interim local law can only have effect for 6 months or less (s 26(4) of the Act) and must contain a provision stating when the local law expires (s 29(4) of the Act).

4.5 Process for making a subordinate local law

Step Explanation

4.5.1 Council makes a resolution proposing to make the subordinate local law.

This places council’s intention to adopt the new subordinate local law on the public record and enables consideration of any consultation or public interest test processes required.

4.5.2 Council reviews the subordinate local law to identify any possible anti-competitive provisions, using the ‘Guidelines to assist local governments identify possible anti-competitive provisions in proposed local laws and proposed local law policies’.





Step Explanation

4.5.3 If the subordinate local law contains anti-competitive provisions, council undertakes a public interest test process in line with the ‘National Competition Policy Guidelines for conducting public interest tests on possible anti-competitive provisions in local laws and local law policies’.



Depending on the significance and impact of the proposed subordinate local law, engagement might involve public advertising for a period of weeks and consideration of submissions by the public.

4.5.5 Council considers the results of any engagement with the community and public interest test consultations and makes any amendments to the proposed draft subordinate local law as necessary.

Note that if the council decides to change the draft subordinate local law, it will then consider whether or how much further community engagement might be required regarding the revised draft.

4.5.6 Council makes a resolution making the subordinate local law (either in its original form or as amended during step 5).


4.5.7 Council gives public notice of the subordinate local law by publishing a notice of the making of the subordinate local law in the government gazette and on the council’s website, within one month of the date of the resolution to make the local law.


4.5.8 As soon as practicable after the notice is published in the gazette, council ensures copies of the subordinate local law are available for inspection and purchase by the public at its public office.






4.6 Process for making an amendment to a subordinate local law

To amend an existing subordinate local law requires a separate amending subordinate local law that contains the amendments. To make this amending subordinate local law, the process is the same as for making an entirely new subordinate local law – ie. the process will be as per ‘4.5 Process for making a subordinate local law’.

5.0 SUPPORTING DOCUMENTS

Community Engagement Policy - GRC012

Guide to Engagement - CGG012

Local Government Act 2009

Local Government Regulation 2012

Adopted at the Ordinary Meeting of council held 11 September 2013.

Minute number: M??/09/13

http://webbie/intranet/ALL/all/GRC012.pdf

http://webbie/intranet/ALL/all/CGG012.pdf

https://www.legislation.qld.gov.au/LEGISLTN/CURRENT/L/LocalGovA09.pdf

https://www.legislation.qld.gov.au/LEGISLTN/CURRENT/L/LocalGovR12.pdf

ATTACHMENT 2

Refer Item 8/3

Summarised Budget Report as at 31st July 2013

of the

ORDINARY MEETING


2013-09-11 ordinary meeting minutes€¦ · director engineering services (b. fredman), director...

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