Garth Nolan - services.dip.qld.gov.auservices.dip.qld.gov.au/opendata/RTI/released-documents-rtip1819-0… · RTI1819-035-DSDMIP - Page 4 of 55 Irrelevant information deleted under
55
1 Garth Nolan From: Kate Isles <[email protected]> Sent: Tuesday, 5 June 2018 6:17 PM To: Caroline Plank; Garth Nolan Cc: Sect PED SLT; Scott Hambleton Subject: RE: Upcoming bi-monthly meeting - Thursday 7 June Attachments: Submission to DSDMIP requesting details on PA amendments for Portable Lo....pdf Hi Caroline & Garth, We would like the meeting to go ahead and happy to have them continue. Some discussions points from our perspective:‐ 1. Scheme Amendment Update 2. Minor Change vs Change (Other) vs Variation ‐ there doesn’t seem to be any guidance from the State that we can find? Does DSMIP have a view? 3. 4. 5. 6. 7. 8. It may also be worthwhile at one perhaps the next meeting to have TMR also attend to touch base more generally on projects? See you on Thursday. Thanks, Kate Kate Isles MPIA Manager Development Services Planning and Economic Development Moreton Bay Regional Council | Caboolture Office Phone: 5433 2073 Mobile: Email: [email protected]www.moretonbay.qld.gov.au RTI1819-035-DSDMIP - Page 1 of 55 Irrelevant information deleted under section 73 of the RTI Act. Refused under section 47
From Kate Isles ltKateIslesmoretonbayqldgovaugtSent Tuesday 5 June 2018 617 PMTo Caroline Plank Garth NolanCc Sect PED SLT Scott HambletonSubject RE Upcoming bi-monthly meeting - Thursday 7 JuneAttachments Submission to DSDMIP requesting details on PA amendments for Portable Lopdf
Hi Caroline amp Garth
We would like the meeting to go ahead and happy to have them continue
Some discussions points from our perspective‐
1 Scheme Amendment Update
2 Minor Change vs Change (Other) vs Variation ‐ there doesnrsquot seem to be any guidance from the State that
we can find Does DSMIP have a view
3
4
5
6 7 8
It may also be worthwhile at one perhaps the next meeting to have TMR also attend to touch base more generally
on projects
See you on Thursday
Thanks
Kate
Kate Isles MPIA Manager Development Services Planning and Economic Development Moreton Bay Regional Council | Caboolture Office Phone 5433 2073 MobileEmail KateIslesmoretonbayqldgovau wwwmoretonbayqldgovau
RTI1819-035-DSDMIP - Page 1 of 55
Irrelevant information deleted under section 73 of the RTI Act
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
2
From Caroline Plank [mailtoCarolinePlankdsdmipqldgovau] Sent Tuesday 5 June 2018 1002 AM To Kate Isles ltKateIslesmoretonbayqldgovaugt Carmen Garbe ltCarmenGarbemoretonbayqldgovaugt David Hood ltDavidHoodmoretonbayqldgovaugt Marco Alberti ltMarcoAlbertimoretonbayqldgovaugt Stewart Pentland ltStewartPentlandmoretonbayqldgovaugt Lauren Fishburn ltLaurenFishburnmoretonbayqldgovaugt Cathy Ross ltCathyRossmoretonbayqldgovaugt David Close ltDavidClosemoretonbayqldgovaugt Amy White ltAmyWhitemoretonbayqldgovaugt Tina Maltby‐Wells ltTinaMaltby‐Wellsmoretonbayqldgovaugt Brent ONeill ltBrentONeillmoretonbayqldgovaugt Peter Rawlinson ltPeterRawlinsonmoretonbayqldgovaugt Andrew Lintern ltAndrewLinternmoretonbayqldgovaugt Scott Hambleton ltScottHambletonmoretonbayqldgovaugt Kate Isles ltKateIslesmoretonbayqldgovaugt Carmen Garbe ltCarmenGarbemoretonbayqldgovaugt Lauren Fishburn ltLaurenFishburnmoretonbayqldgovaugt Tina Maltby‐Wells ltTinaMaltby‐Wellsmoretonbayqldgovaugt Brent ONeill ltBrentONeillmoretonbayqldgovaugt Andrew Lintern ltAndrewLinternmoretonbayqldgovaugt Marco Alberti ltMarcoAlbertimoretonbayqldgovaugt Cathy Ross ltCathyRossmoretonbayqldgovaugt Amy White ltAmyWhitemoretonbayqldgovaugt Scott Hambleton ltScottHambletonmoretonbayqldgovaugt Cc Garth Nolan ltGarthNolandsdmipqldgovaugt Subject Upcoming bi‐monthly meeting ‐ Thursday 7 June
Hello MBRC
We have a meeting booked in for this Thursday
Can you please advise today if you have any concerns with that meeting going ahead (ie scheduling timing
whether there is an absence of agenda items)
If you are happy for the meeting to go ahead please provide me with some agenda items
Regards
Caroline Plank Principal Planning Officer Planning and Development Services (SEQ North) Department of State Development Manufacturing Infrastructure and Planning ---------------------------------------------------------------------------------------------------------------------------------------------
P 07 5352 9709 12 First Avenue Maroochydore wwwdsdmipqldgovau
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in this e-mail and any
attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are not a named recipient any use of this
information including copying distribution and publication is prohibited Confidentiality and legal privilege are not waived or lost as a result of mistaken or
erroneous delivery If you are not a named recipient please delete all copies immediately and contact the sender to advise of the error
It is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liability for loss or damage
arising directly or indirectly from opening this email opening any attachments or any communication errors
The views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 3 of 55
Phone (07) 5433 2073
Our Ref A16988781
Date 31 May 2018
RTI1819-035-DSDMIP - Page 4 of 55
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1
Anne Wood
From Anthony Martini ltAnthonyMartinimoretonbayqldgovaugtSent Friday 27 July 2018 516 PMTo Kerry Doss Graeme BoltonSubject Contact details
Hi folks Look forward to receiving your letter As advised we briefed the Council yesterday following our meeting The Council is expecting a further briefing next Tuesday Thanks Tony M E Anthonymartinimoretonbayqldgovau
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in this e-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are not a named recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legal privilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete all copies immediately and contact the sender to advise of the error It is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liability for loss or damage arising directly or indirectly from opening this email opening any attachments or any communication errors The views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 6 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
1
Anne Wood
From Stewart Pentland ltStewartPentlandmoretonbayqldgovaugtSent Thursday 14 June 2018 1234 PMTo Kerry Doss Graeme Bolton Megan BayntunCc Anthony MartiniSubject MBRC Planning Scheme Amendment Meeting 13062018Attachments 130608 Revised Proposed MBRC Planning Scheme Amendment (002)pdf
Graeme Kerry and Megan Thank you for your time yesterday Tony and I found the meeting most useful As discussed and agreed in principle
1 Council would document a series of proposed changes to the existing Planning Scheme Amendment that responds to the States direction to remove reference to the CIA and associated service area non‐service area concepts (see attached)
2 Subject to an iterative process between the State and council this information would then form the basis of a conditional approval of the current major scheme amendment amp
3 The existing amendment would then be finalised by way of a conditional approval consistent with points 1 and 2 above ASAP
Please find attached a first draft table outlining what are considered to be the necessary changes to the current amendment We would welcome your thoughts on this so that we can continue to develop its contents with you I note you indicated that for this approach to be utilised you would need to be comfortable that the type of changes proposed did not constitute a substantial change As a consequence we have included a column (Substantial change) that includes our appraisal of each proposed change Again we would welcome your thoughts on this matter also It would be good to progress this matter ASAP In doing so it would be appreciated if you could advise when you consider you may be able to provide a response to these initial draft representations In the interim should you require anything further please let me know Regards Stewart Pentland Director Planning and Economic Development Moreton Bay Regional Council 2 Hasking Street Caboolture Qld 4510 P 07 5433 2023 M Email stewartpentlandmoretonbayqldgovau wwwmoretonbayqldgovau
RTI1819-035-DSDMIP - Page 7 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
2
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in this e-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are not a named recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legal privilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete all copies immediately and contact the sender to advise of the error It is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liability for loss or damage arising directly or indirectly from opening this email opening any attachments or any communication errors The views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 8 of 55
Summary of Proposed Planning Scheme Amendment
MBRC policy end Current MBRC Planning Scheme
Advertised Proposed Planning Scheme
Amendment
Amended Proposed Planning Scheme
Amendment
Other necessary changes to achieve MBRC policy end
Substantial change
Warner growth area - o Enable conversion of existing
industryrural residential to transition to residential outcomes
o Conversion consistent with the SEQ Regional Plan identification of Warner for growth
Industry zone and rural residential surrounded by existing residential and main roads Preliminary approval (Variation) would involve - Impact assessment - Major non-compliance with the
assessment benchmarks
- Zone change to Emerging
Community - Overlay map - Structure
planned area - Level of assessment - Service Area - RAL Code
assessment No Service Area - RAL
Impact assessment
Changes - Delete reference to CIA - Delete reference to service area
non service area Result - No change to Overlay map -
Structure planned area - Level of Assessment - RAL
Code assessment
Strengthening of assessment benchmarks required in the Emerging Community Zone Code andor RAL Code - Emerging Community Zone to assist code assessment
No Maintain overlay map as advertised maintain Level of Assessment remove reference to CIA and remove reference to Service Area and Non-Service Area
Caboolture West growth area - (Area 1) - o Enable Area 1 to proceed to
development including residential and local centre
o Consistent with the SEQ Regional Planrsquos identification of Caboolture West as an expansion area
Preliminary approval (Variation) would involve - Impact assessment - Major non-compliance with the
assessment benchmarks without a Neighhourhood Development Plan for Area 1
- Area 1 - Overlay map -
Structure planned area - Level of assessment Service Area - RAL Code
assessment Non Service Area - RAL
Impact assessment
Changes - Delete reference to CIA - Delete reference to service area
non service area Result - No change to Overlay map -
Structure planned area - Level of assessment - RAL Code
assessment for SPA1
Strengthening of assessment benchmarks required in the Local Plan Zone Code andor RAL Code - Emerging Community Zone to assist code assessment
No Maintain overlay map as advertised maintain Level of Assessment remove reference to CIA remove reference to Service Area and Non-Service Area
Caboolture West growth area - (Balance of Caboolture West) - o Enable subsequent stages to
be structure planned and released through future scheme amendments
Preliminary approval (Variation) would involve - Impact assessment - Major non-compliance with the
assessment benchmarks without a Neighhourhood Development Plan for the relevant area
- Overlay map - Future Structure
plan area - Level of assessment - Impact assessment
Changes - Delete reference to CIA - Delete reference to service area
non service area Result - No change to Overlay map -
Future Structure plan area - Level of assessment - Impact
assessment
Revisit strategic framework to delete CIA and ensure strategic outcomes accurately reflect the future timing of these fronts
No Maintain overlay map as advertised remove reference to CIA Minor change to the strategic framework
Other growth areas to be structure planned and held subject to planning infrastructure requirements and financial obligations being determined o Morayfield o Burpengary east o Narangba east o Joyner
RAL application would involve - Code assessment - Major non-compliance with the
assessment benchmarks in the absence of integrated land use and infrastructure planning
MCU application would involve impact assessment
- Overlay Map - Future structure
planned area - Level of assessment - RAL
Impact assessment - Major non-compliance with the
assessment benchmarks in the absence of integrated land use and infrastructure planning including the strategic outcomes
Changes - Delete references to CIA in the
strategic framework - Delete references to service
area non service area Result - No change to Overlay map -
Future structure planned area
Revisit strategic framework to delete CIA and ensure strategic outcomes accurately reflect the future timing of these fronts
No Maintain overlay map as advertised maintain Level of Assessment and remove reference to CIA
RTI1819-035-DSDMIP - Page 9 of 55
MBRC policy end Current MBRC Planning
Scheme Advertised Proposed
Planning Scheme Amendment
Amended Proposed Planning Scheme
Amendment
Other necessary changes to achieve MBRC policy end
Substantial change
- No change to Level of assessment - RAL Impact assessment
Balance of Proposed Planning Scheme Amendment
Not applicable
Changes proposed (carports setbacks sheds etc)
No further changes to the proposed Planning Scheme Amendment as provided post consultation
Not applicable
Not applicable
RTI1819-035-DSDMIP - Page 10 of 55
1
Anne Wood
From Anthony Martini ltAnthonyMartinimoretonbayqldgovaugtSent Tuesday 10 July 2018 108 PMTo Graeme BoltonCc Ann Abbott Stewart Pentland Kerry DossSubject Moreton Bay Regional Council - Amendment to Planning Scheme Progress
Hi Graeme Appreciate that you are busy however I have endeavoured to make contact with you over the past few days for the purposes of understanding where we are at with regards to receiving a partial or full draft condition set to the amendment to the planning scheme It is nearly 4 weeks since we first met at which meeting MBRC offered to remove the CIA and service areas non service areas from the amendment and provided shortly thereafter a table summary of these changes for further discussion and guidance for the State and MBRC to work through You have advised that these changes are agreed in principle You have also advised that the changes need to be worked through I am in a position where I need some information from you as to what is occurring and when to provide to the CEO and Mayor From MBRCrsquos perspective we have undertaken all that has been asked of MBRC ‐ removed the CIA and the servicenon service area references Is there anything else which MBRC needs to consider I await your advice Thanks Tony
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in this e-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are not a named recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legal privilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete all copies immediately and contact the sender to advise of the error It is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liability for loss or damage arising directly or indirectly from opening this email opening any attachments or any communication errors The views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 11 of 55
1
Anne Wood
From Anthony Martini ltAnthonyMartinimoretonbayqldgovaugtSent Tuesday 17 July 2018 234 PMTo Graeme BoltonCc Ann Abbott Kerry Doss Stewart PentlandSubject Planning Scheme Amendment
Hi Graeme I have sought not to bother you this past week with requests for updates Stewart and I are briefing the Council next Tuesday as to the current status of MBRCrsquos planning scheme amendment Can you please advise where the State is at by this Friday such that the information we provide the Council is current Have you received information you sought from DTMR last Wednesday I await your advice Thanks Tony
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in this e-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are not a named recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legal privilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete all copies immediately and contact the sender to advise of the error It is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liability for loss or damage arising directly or indirectly from opening this email opening any attachments or any communication errors The views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 12 of 55
1
Anne Wood
From Kerry DossSent Friday 27 July 2018 551 PMTo Anthony MartiniCc Graeme BoltonSubject RE Contact detailsAttachments DDG letter to Anthony Martinipdf
Hi Anthony Letter as requested Please feel free to call should you require any clarification regards
Kerry Doss Deputy Director‐General Planning Group Department of State Development Manufacturing Infrastructure and Planning ---------------------------------------------------------------------------------------------------------------------------------------------
P 07 3452 7909 ME kerrydossdsdmipqldgovau Level 13 1 William Street Brisbane QLD 4000 PO Box 15009 City East QLD 4002 wwwdsdmipqldgovau
From Anthony Martini ltAnthonyMartinimoretonbayqldgovaugt Sent Friday 27 July 2018 516 PM To Kerry Doss ltKerryDossdsdmipqldgovaugt Graeme Bolton ltGraemeBoltondsdmipqldgovaugt Subject Contact details Hi folks Look forward to receiving your letter As advised we briefed the Council yesterday following our meeting The Council is expecting a further briefing next Tuesday Thanks Tony ME Anthonymartinimoretonbayqldgovau
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in this e-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are not a named recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legal privilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete all copies immediately and contact the sender to advise of the error It is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liability for loss or damage arising directly or indirectly from opening this email opening any attachments or any communication errors The views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 13 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
Our ref OUT185247
27 July 2018 Mr Anthony Martini Deputy CEO Director Engineering Construction and Maintenance Moreton Bay Regional Council PO Box 159 CABOOLTURE QLD 4510 Dear Anthony I refer to the 26 July 2018 meeting between yourself Mr Stewart Pentland Mr Graeme Bolton and myself to discuss the proposed Major Amendment 2 (the proposed amendment) to the Moreton Bay Regional Council (the council) planning scheme As you are aware the department has assessed the proposed amendment and cannot support a recommendation to approve the proposed amendment due to the proposed Coordinating Infrastructure Agreement associated provisions (the CIA) and outstanding matters of state interest It was agreed that the Department of State Development Manufacturing Infrastructure and Planning (the department) would consider if it could support approving the proposed amendment subject to conditions to enable the minor elements not associated with structure planning and the CIA to proceed It was understood that these minor elements related to provisions such as development code requirements (eg setback provisions for carports) various overlay maps (eg the walking distance map) and codes and various minor provisions (eg animal husbandry) In particular it was understood that this did not include elements relating to the CIA including structure planned areas which are contingent on the CIA provisions Notwithstanding this understanding the department agreed that it would consider a broader range of changes as proposed in Mr Pentlandrsquos email of 14 June 2018 As discussed at our 26 July 2018 meeting the department has undertaken investigations and has concluded it cannot support a recommendation to approve the proposed amendment subject to conditions This is based on matters of state interest relating to transport infrastructure biodiversity values and the consideration of the significantly different test
RTI1819-035-DSDMIP - Page 14 of 55
Page 2 of 2
As discussed there a number of options available to the council 1 The council formally resolves and withdraws the proposed amendment and
commences a new amendment process As discussed the department would be highly supportive of utilising section 18 of the Planning Act 2016 to create a tailored amendment process (that does not require further public consultation) for the minor elements and a second tailored process (potentially requiring further public consultation) for the structure planning elements of the proposed amendment
OR 2 The council formally places the amendment process on hold and resubmits a
revised version of the proposed amendment Please note that should the council choose this option it will need to satisfy itself that the changes made do not result in a significantly different version of the proposed amendment than the version that underwent public consultation Please be advised that the Planning Minister in addition to the council will also need to be satisfied that the changes made do not result in a significantly different version of the proposed amendment then that which underwent public consultation The department is of the view (noting that it has not seen any possible changes) that it is highly likely that any changes made in respect to removing the CIA from the proposed amendment will be likely to result in a significantly different version
OR 3 The Planning Minister considers and decides the proposed amendment in its
current form
As discussed in respect to options 1 and 2 above the department is strongly supportive of coordinating the input of the Department of Transport and Main Roads and the Department of Environment and Science to resolve the outstanding matters of state interest It would be greatly appreciated if the council could formally advise the department of its preferred option by close of business on Friday 10 August 2018 If no advice has been received by this date the department will progress the proposed amendment for the Planning Ministerrsquos considers and decision in its current form If you require any further information please contact Mr Graeme Bolton Executive Director Planning Group Department of State Development Manufacturing Infrastructure and Planning on (07) 3452 6741 or Graemeboltondsdmipqldgovau who will be pleased to assist Yours sincerely
Kerry Doss Deputy Director-General
RTI1819-035-DSDMIP - Page 15 of 55
1
Anne Wood
From Kerry DossSent Saturday 16 June 2018 1034 AMTo Stewart Pentland Graeme Bolton Megan BayntunCc Anthony MartiniSubject Re MBRC Planning Scheme Amendment Meeting 13062018
Thanks Stuart We will consider and come back to you Regards Kerry Doss Kerry Doss Deputy Director‐General Planning Group Department of State Development Manufacturing Infrastructure amp Planning P 07 3452 7909 ME kerry dossdsdmip qldgovau
From Stewart Pentland ltStewartPentlandmoretonbayqldgovaugt Sent Thursday June 14 2018 123348 PM To Kerry Doss Graeme Bolton Megan Bayntun Cc Anthony Martini Subject MBRC Planning Scheme Amendment Meeting 13062018 Graeme Kerry and Megan Thank you for your time yesterday Tony and I found the meeting most useful As discussed and agreed in principle
1 Council would document a series of proposed changes to the existing Planning Scheme Amendment that responds to the States direction to remove reference to the CIA and associated service area non‐service area concepts (see attached)
2 Subject to an iterative process between the State and council this information would then form the basis of a conditional approval of the current major scheme amendment amp
3 The existing amendment would then be finalised by way of a conditional approval consistent with points 1 and 2 above ASAP
Please find attached a first draft table outlining what are considered to be the necessary changes to the current amendment We would welcome your thoughts on this so that we can continue to develop its contents with you I note you indicated that for this approach to be utilised you would need to be comfortable that the type of changes proposed did not constitute a substantial change As a consequence we have included a column (Substantial change) that includes our appraisal of each proposed change Again we would welcome your thoughts on this matter also It would be good to progress this matter ASAP In doing so it would be appreciated if you could advise when you consider you may be able to provide a response to these initial draft representations In the interim should you require anything further please let me know
RTI1819-035-DSDMIP - Page 16 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
2
Regards Stewart Pentland Director Planning and Economic Development Moreton Bay Regional Council 2 Hasking Street Caboolture Qld 4510 P 07 5433 2023 MEmail stewartpentlandmoretonbayqldgovau wwwmoretonbayqldgovau
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in this e-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are not a named recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legal privilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete all copies immediately and contact the sender to advise of the error It is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liability for loss or damage arising directly or indirectly from opening this email opening any attachments or any communication errors The views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 17 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
1
Anne Wood
From Stewart Pentland ltStewartPentlandmoretonbayqldgovaugtSent Tuesday 10 July 2018 839 PMTo Graeme BoltonCc Anthony Martini Ann Abbott Kerry DossSubject Re Moreton Bay Regional Council - Amendment to Planning Scheme Progress
Graeme I am concerned your response is straying from what council understood to be our agreement It is important from Councils perspective that the conditions are developed collaboratively Once agreement has been achieved on the conditions content they would then be finalised This was our agreement as we understood it Beyond this it is Councils responsibility to then amend its own scheme and then collaborate with the state on the proposed changes that respond to your conditions As previously discussed and agreed this would occur through a tracked change version of the scheme that we would iterate with you until agreement had been achieved Our appraisal is that those sections of the scheme included in the lsquohigh level tablersquo will be those sections of the scheme that require amendment If the above is no longer the agreement please confirm ASAP Regards Stewart
Sent from SWP iPhone On 10 Jul 2018 at 658 pm Graeme Bolton ltGraemeBoltondsdmipqldgovaugt wrote
Good afternoon Tony Thank you for your email below I do apologise for not being able to take your call I was in a meeting and then subsequently on a teleconference when you phoned As discussed last week we met with DTMR officers who agreed to provide us with additional information by tomorrow We greatly appreciate the councilrsquos willingness to work with the department to find a way forward However given the complexity of the amendments it is not as easy as you portray to have ldquoremoved the CIA and the servicenon service area referencesrdquo All we have at this point in time is a high level table with expressed intent To give effect to this intent involves significant changes to the proposed amendment and carries a very high risk of unintended consequences for the operation of the planning scheme and potential lawfulness of the amendment I am extremely concerned about agreeing to something now only to find out after the Minister has conditionally approved the amendment that the expressed intent cannot be delivered We are endeavouring to find a solution I will advise further once we have received the additional information from DTMR Regards Graeme
RTI1819-035-DSDMIP - Page 18 of 55
2
ltimage001pnggt Graeme Bolton Executive Director Planning and Development Services Planning Group Department of State Development Manufacturing Infrastructure and Planning --------------------------------------------------------------------------------------------------------------------------------------------- P 07 3452 6741 MLevel 13 1 William Street Brisbane QLD 4000 PO Box 15009 City East QLD 4002 wwwdsdmipqldgovau
From Anthony Martini [mailtoAnthonyMartinimoretonbayqldgovau] Sent Tuesday 10 July 2018 108 PM To Graeme Bolton ltGraemeBoltondsdmipqldgovaugt Cc Ann Abbott ltAnnAbbottmoretonbayqldgovaugt Stewart Pentland ltStewartPentlandmoretonbayqldgovaugt Kerry Doss ltKerryDossdsdmipqldgovaugt Subject Moreton Bay Regional Council ‐ Amendment to Planning Scheme Progress Hi Graeme Appreciate that you are busy however I have endeavoured to make contact with you over the past few days for the purposes of understanding where we are at with regards to receiving a partial or full draft condition set to the amendment to the planning scheme It is nearly 4 weeks since we first met at which meeting MBRC offered to remove the CIA and service areas non service areas from the amendment and provided shortly thereafter a table summary of these changes for further discussion and guidance for the State and MBRC to work through You have advised that these changes are agreed in principle You have also advised that the changes need to be worked through I am in a position where I need some information from you as to what is occurring and when to provide to the CEO and Mayor From MBRCrsquos perspective we have undertaken all that has been asked of MBRC ‐ removed the CIA and the servicenon service area references Is there anything else which MBRC needs to consider I await your advice Thanks Tony
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in this e-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are not a named recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legal privilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete all copies immediately and contact the sender to advise of the error It is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liability for loss or damage arising directly or indirectly from opening this email opening any attachments or any communication errors The views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 19 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in this e-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are not a named recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legal privilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete all copies immediately and contact the sender to advise of the error It is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liability for loss or damage arising directly or indirectly from opening this email opening any attachments or any communication errors The views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 20 of 55
1
Anne Wood
From Anthony Martini ltAnthonyMartinimoretonbayqldgovaugtSent Tuesday 3 July 2018 543 PMTo Graeme BoltonCc Stewart Pentland Kerry Doss Garth NolanSubject RE Update on draft conditions
Hi Graeme
Thank you for the update
It would be good to catch up sooner rather than later as it is fast approaching 3 weeks since our initial meeting I
can advise that the Mayor sought advice from me as to where the amendment was at ‐ as I had advised him 10 days
ago that a draft set was to be available with a day or so
As discussed our preference is to collaboratively work on the content of the draft conditions It would be
appreciated if you could send through the balance of the approval and conditions now this will enable us to get the
process moving
Thanks
Tony
From Graeme Bolton [mailtoGraemeBoltondsdmipqldgovau] Sent Tuesday 3 July 2018 307 PM To Anthony Martini ltAnthonyMartinimoretonbayqldgovaugt Cc Stewart Pentland ltStewartPentlandmoretonbayqldgovaugt Kerry Doss ltKerryDossdsdmipqldgovaugt Garth Nolan ltGarthNolandsdmipqldgovaugt Subject Update on draft conditions
Hi Tony
As previously advised I met with senior officers from DTMR today to discuss some concerns theyrsquove raised in
respect to conditioning the proposed amendment I believe we have a way forward and DTMR are working on a
couple of options as a matter of priority I am expecting to have something back from DTMR mid next week We will
continue to work closely with them to try and get something out sooner
As previously discussed we will share the draft conditions once we are satisfied with them We would be happy to
work with you to ensure they are workable from councilrsquos perspective Regards Graeme
RTI1819-035-DSDMIP - Page 21 of 55
2
Graeme Bolton Executive Director Planning and Development Services Planning Group Department of State Development Manufacturing Infrastructure and Planning ---------------------------------------------------------------------------------------------------------------------------------------------
P 07 3452 6741 MLevel 13 1 William Street Brisbane QLD 4000 PO Box 15009 City East QLD 4002 wwwdsdmipqldgovau
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in this e-mail and any
attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are not a named recipient any use of this
information including copying distribution and publication is prohibited Confidentiality and legal privilege are not waived or lost as a result of mistaken or
erroneous delivery If you are not a named recipient please delete all copies immediately and contact the sender to advise of the error
It is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liability for loss or damage
arising directly or indirectly from opening this email opening any attachments or any communication errors
The views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 22 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
From Anthony MartiniTo Graeme BoltonCc Stewart Pentland Kerry Doss Megan BayntunSubject RE MBRC Planning Scheme Amendment Meeting 13062018Date Monday 25 June 2018 80656 AMAttachments image002png
Hi Graeme As per texts over the weekend - Stewart and I will see you from 1030am this morning Thanks Tony
From Graeme Bolton [mailtoGraemeBoltondsdmipqldgovau] Sent Friday 22 June 2018 643 PMTo Anthony Martini ltAnthonyMartinimoretonbayqldgovaugtCc Stewart Pentland ltStewartPentlandmoretonbayqldgovaugt Kerry DossltKerryDossdsdmipqldgovaugt Megan Bayntun ltMeganBayntundsdmipqldgovaugtSubject RE MBRC Planning Scheme Amendment Meeting 13062018 Dear Tony Please accept my apologies for not being able to get back to you earlier today As indicated in mymessage I was unexpectedly tied up all afternoon in an emergent and urgent issue I have reviewed the provided table and support in principle the matters identified in column fourIn respect to the matters identified in column five I can understand and again support in theprinciple the need for additional changes However the extent of changes will need to satisfy thesignificantly different test This is something that the department and Minister cannot resolvefrom This may mean that the desired changes may need to be tempered with what can besupported at this point in time and further decisions made by the council in respect to the riskprofile and whether or not to proceed with particular elements In addition to the above we have examined a couple of mechanisms that may be open to theMinister in deciding the proposed amendment In short we are exploring (a) the ability to partrefuse and part approve subject to conditions or (b) to solely condition The key consideration isto ensure whatever recommendation is made to the Minister the eventual decision can withstandclose scrutiny In both options given the volume of changes we would be also recommending tothe Minister a closing condition that requires the council to submit the changed amendment forendorsement by the Chief Executive prior to adoption by the council Finally as discussed at our last meeting through the second state interest review the Departmentof Environment and Science (DES) identified concerns in relation to koala habitat and the WarnerInvestigation Area structure plan I have been chasing (and have not yet received) additionalinformation and mapping from DES in relation to this At this point in time we would be looking toinclude a condition addresses the protection of the remaining koala habitat I am hoping to getgreater clarity and certainty on this (in terms of scale and location) in the coming days
RTI1819-035-DSDMIP - Page 23 of 55
I will give you a call on Monday to discuss Please do not hesitate to contact me in the interimshould you have questions or concerns Regards Graeme
Graeme BoltonExecutive Director Planning and Development ServicesPlanning GroupDepartment of State Development Manufacturing Infrastructure and Planning---------------------------------------------------------------------------------------------------------------------------------------------
P 07 3452 6741 MLevel 13 1 William Street Brisbane QLD 4000PO Box 15009 City East QLD 4002wwwdsdmipqldgovau
From Stewart Pentland [mailtoStewartPentlandmoretonbayqldgovau] Sent Thursday 14 June 2018 1234 PMTo Kerry Doss ltKerryDossdsdmipqldgovaugt Graeme BoltonltGraemeBoltondsdmipqldgovaugt Megan Bayntun ltMeganBayntundsdmipqldgovaugtCc Anthony Martini ltAnthonyMartinimoretonbayqldgovaugtSubject MBRC Planning Scheme Amendment Meeting 13062018 Graeme Kerry and Megan Thank you for your time yesterday Tony and I found the meeting most useful As discussed and agreed in principle
1 Council would document a series of proposed changes to the existing Planning SchemeAmendment that responds to the States direction to remove reference to the CIA andassociated service area non-service area concepts (see attached)
2 Subject to an iterative process between the State and council this information would thenform the basis of a conditional approval of the current major scheme amendment amp
3 The existing amendment would then be finalised by way of a conditional approval consistentwith points 1 and 2 above ASAP
Please find attached a first draft table outlining what are considered to be the necessary changesto the current amendment We would welcome your thoughts on this so that we can continue todevelop its contents with you I note you indicated that for this approach to be utilised you would need to be comfortable thatthe type of changes proposed did not constitute a substantial change As a consequence we haveincluded a column (Substantial change) that includes our appraisal of each proposed change Againwe would welcome your thoughts on this matter also
RTI1819-035-DSDMIP - Page 24 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
It would be good to progress this matter ASAP In doing so it would be appreciated if you couldadvise when you consider you may be able to provide a response to these initial draftrepresentations In the interim should you require anything further please let me know Regards Stewart PentlandDirectorPlanning and Economic DevelopmentMoreton Bay Regional Council2 Hasking Street Caboolture Qld 4510P 07 5433 2023MEmail stewartpentlandmoretonbayqldgovauwwwmoretonbayqldgovau
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in this e-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are not anamed recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legalprivilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete all copiesimmediately and contact the sender to advise of the errorIt is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liability forloss or damage arising directly or indirectly from opening this email opening any attachments or any communication errorsThe views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
This email and any attachments may contain confidential or privileged information and may be protected by copyright Youmust not use or disclose them other than for the purposes for which they were supplied The confidentiality and privilegeattached to this message and attachment is not waived by reason of mistaken delivery to you If you are not the intendedrecipient you must not use disclose retain forward or reproduce this message or any attachments If you receive this messagein error please notify the sender by return email or telephone and destroy and delete all copies The Department does notaccept any responsibility for any loss or damage that may result from reliance on or use of any information contained in thisemail andor attachments
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in this e-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are not anamed recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legalprivilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete all copiesimmediately and contact the sender to advise of the errorIt is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liability forloss or damage arising directly or indirectly from opening this email opening any attachments or any communication errorsThe views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 25 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
From Anthony MartiniTo Graeme BoltonCc Ann Abbott Stewart Pentland Kerry DossSubject RE Moreton Bay Regional Council - Amendment to Planning Scheme ProgressDate Wednesday 11 July 2018 114220 AMAttachments image002png
Thank you for your e-mail Graeme I look forward to your further advices re this matter My reference to timing was based upon advice provided 2 weeks ago at a meeting betweenMBRC and the State that MBRC was to receive a draft condition set the following day Thanks Tony
From Graeme Bolton [mailtoGraemeBoltondsdmipqldgovau] Sent Tuesday 10 July 2018 658 PMTo Anthony Martini ltAnthonyMartinimoretonbayqldgovaugtCc Ann Abbott ltAnnAbbottmoretonbayqldgovaugt Stewart PentlandltStewartPentlandmoretonbayqldgovaugt Kerry Doss ltKerryDossdsdmipqldgovaugtSubject RE Moreton Bay Regional Council - Amendment to Planning Scheme Progress Good afternoon Tony Thank you for your email below I do apologise for not being able to take your call I was in ameeting and then subsequently on a teleconference when you phoned As discussed last week we met with DTMR officers who agreed to provide us with additionalinformation by tomorrow We greatly appreciate the councilrsquos willingness to work with the department to find a wayforward However given the complexity of the amendments it is not as easy as you portray tohave ldquoremoved the CIA and the servicenon service area referencesrdquo All we have at this point intime is a high level table with expressed intent To give effect to this intent involves significantchanges to the proposed amendment and carries a very high risk of unintended consequencesfor the operation of the planning scheme and potential lawfulness of the amendment I amextremely concerned about agreeing to something now only to find out after the Minister hasconditionally approved the amendment that the expressed intent cannot be delivered We are endeavouring to find a solution I will advise further once we have received theadditional information from DTMR Regards Graeme
RTI1819-035-DSDMIP - Page 26 of 55
Graeme BoltonExecutive Director Planning and Development ServicesPlanning GroupDepartment of State Development Manufacturing Infrastructure and Planning---------------------------------------------------------------------------------------------------------------------------------------------
P 07 3452 6741 MLevel 13 1 William Street Brisbane QLD 4000PO Box 15009 City East QLD 4002wwwdsdmipqldgovau
From Anthony Martini [mailtoAnthonyMartinimoretonbayqldgovau] Sent Tuesday 10 July 2018 108 PMTo Graeme Bolton ltGraemeBoltondsdmipqldgovaugtCc Ann Abbott ltAnnAbbottmoretonbayqldgovaugt Stewart PentlandltStewartPentlandmoretonbayqldgovaugt Kerry Doss ltKerryDossdsdmipqldgovaugtSubject Moreton Bay Regional Council - Amendment to Planning Scheme Progress Hi Graeme Appreciate that you are busy however I have endeavoured to make contact with you over thepast few days for the purposes of understanding where we are at with regards to receiving apartial or full draft condition set to the amendment to the planning scheme It is nearly 4 weeks since we first met at which meeting MBRC offered to remove the CIA andservice areas non service areas from the amendment and provided shortly thereafter a tablesummary of these changes for further discussion and guidance for the State and MBRC to workthrough You have advised that these changes are agreed in principle You have also advised that thechanges need to be worked through I am in a position where I need some information from you as to what is occurring and when toprovide to the CEO and Mayor From MBRCrsquos perspective we have undertaken all that has beenasked of MBRC - removed the CIA and the servicenon service area references Is there anythingelse which MBRC needs to consider I await your advice Thanks Tony
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in thise-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are not
RTI1819-035-DSDMIP - Page 27 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
a named recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legalprivilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete allcopies immediately and contact the sender to advise of the errorIt is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liabilityfor loss or damage arising directly or indirectly from opening this email opening any attachments or any communication errorsThe views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
This email and any attachments may contain confidential or privileged information and may be protected by copyright Youmust not use or disclose them other than for the purposes for which they were supplied The confidentiality and privilegeattached to this message and attachment is not waived by reason of mistaken delivery to you If you are not the intendedrecipient you must not use disclose retain forward or reproduce this message or any attachments If you receive thismessage in error please notify the sender by return email or telephone and destroy and delete all copies The Departmentdoes not accept any responsibility for any loss or damage that may result from reliance on or use of any informationcontained in this email andor attachments
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in thise-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are nota named recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legalprivilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete allcopies immediately and contact the sender to advise of the errorIt is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liabilityfor loss or damage arising directly or indirectly from opening this email opening any attachments or any communication errorsThe views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 28 of 55
1
Anne Wood
Subject Discussion regarding DILGPs position and proposed changes to MBRC - Major Amendment 2Location ltlt1 William Street (1WS) - 36 Floor - Meet 3614gtgt
Organizer Cindy WaltonRequired AttendeesCindy Walton Barbara Ryan Christine ONeill kateislesmoretonbayqldgovau
stewartpentlandmoretonbayqldgovau Graeme Bolton Tess PickeringOptional AttendeesBen Caldwell Ian Wright
Booking Confirmation Your room booking has been accepted with the following booking confirmation details below Building 1 William Street (1WS) Floor 36 Room Meet 3614 Room Setup Meeting Room Info Number Attending 12 Date 12 May 2017 From 1100AM To 1230PM Booked By Cindy Walton Host Cindy Walton Booking ID148766 To Join the meeting please dial sip+61730272906qgaaadqldgovau Notes Recurrence Dates Note 1 If you have booked conferencing resources please cut and paste above meeting details to the Outlook meeting invitation and send update 2 For an audio connection users dial the number only 3 For video (Skype) connections users dial the full address
Organizer Anthony MartiniResources Room - Strathpine Room 2A
Good morning The venue for this meeting is Councilrsquos Strathpine office at 220 Gympie Road Strathpine Entrance to the office is via Customer Service in Hall Street where parking is available on street Upon arrival at customer service you will be asked to complete visitor paperwork and then escorted to meeting room 2A Should you have any queries regarding this meeting request please contact me as below Kind regards Ann Abbott Operations Coordinator Engineering Construction amp Maintenance Moreton Bay Regional Council Stage 3 220 Gympie Road Strathpine P 07 3480 6233 E annabbottmoretonbayqldgovau
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in this e-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are not a named recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legal privilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete all copies immediately and contact the sender to advise of the error It is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liability for loss or damage arising directly or indirectly from opening this email opening any attachments or any communication errors The views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 30 of 55
1
Anne Wood
Subject MBRC Location 1 William St Level 12 Room 1214
Shortly you will receive an email invite to enter 1 William st with instructions on what you will need to provide to
Concierge
I will meet your party in the foyer once you have signed in
Kind regards
Anne
Anne Wood AExecutive Assistant Planning and Development Services | Brisbane Department of State Development Manufacturing Infrastructure and Planning Level 13 1 William St Brisbane QLD 4000 p 07 3452 7115 | e annewooddilgpqldgovau
RTI1819-035-DSDMIP - Page 31 of 55
From Graeme BoltonTo Anthony MartiniCc Stewart Pentland Kerry Doss Megan BayntunSubject RE MBRC Planning Scheme Amendment Meeting 13062018Date Friday 22 June 2018 64200 PMAttachments image001png
Dear Tony Please accept my apologies for not being able to get back to you earlier today As indicated in mymessage I was unexpectedly tied up all afternoon in an emergent and urgent issue I have reviewed the provided table and support in principle the matters identified in column fourIn respect to the matters identified in column five I can understand and again support in theprinciple the need for additional changes However the extent of changes will need to satisfy thesignificantly different test This is something that the department and Minister cannot resolvefrom This may mean that the desired changes may need to be tempered with what can besupported at this point in time and further decisions made by the council in respect to the riskprofile and whether or not to proceed with particular elements In addition to the above we have examined a couple of mechanisms that may be open to theMinister in deciding the proposed amendment In short we are exploring (a) the ability to partrefuse and part approve subject to conditions or (b) to solely condition The key consideration isto ensure whatever recommendation is made to the Minister the eventual decision can withstandclose scrutiny In both options given the volume of changes we would be also recommending tothe Minister a closing condition that requires the council to submit the changed amendment forendorsement by the Chief Executive prior to adoption by the council Finally as discussed at our last meeting through the second state interest review the Departmentof Environment and Science (DES) identified concerns in relation to koala habitat and the WarnerInvestigation Area structure plan I have been chasing (and have not yet received) additionalinformation and mapping from DES in relation to this At this point in time we would be looking toinclude a condition addresses the protection of the remaining koala habitat I am hoping to getgreater clarity and certainty on this (in terms of scale and location) in the coming days I will give you a call on Monday to discuss Please do not hesitate to contact me in the interimshould you have questions or concerns Regards Graeme
Graeme BoltonExecutive Director Planning and Development ServicesPlanning GroupDepartment of State Development Manufacturing Infrastructure and Planning---------------------------------------------------------------------------------------------------------------------------------------------
P 07 3452 6741 MLevel 13 1 William Street Brisbane QLD 4000
RTI1819-035-DSDMIP - Page 32 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
Summary of Proposed Planning Scheme Amendment
MBRC policy end Current MBRC Planning Scheme
Advertised Proposed Planning Scheme
Amendment
Amended Proposed Planning Scheme
Amendment
Other necessary changes to achieve MBRC policy end
Substantial change
Warner growth area - o Enable conversion of existing
industryrural residential to transition to residential outcomes
o Conversion consistent with the SEQ Regional Plan identification of Warner for growth
Industry zone and rural residential surrounded by existing residential and main roads Preliminary approval (Variation) would involve - Impact assessment - Major non-compliance with the
assessment benchmarks
- Zone change to Emerging
Community - Overlay map - Structure
planned area - Level of assessment - Service Area - RAL Code
assessment No Service Area - RAL
Impact assessment
Changes - Delete reference to CIA - Delete reference to service area
non service area Result - No change to Overlay map -
Structure planned area - Level of Assessment - RAL
Code assessment
Strengthening of assessment benchmarks required in the Emerging Community Zone Code andor RAL Code - Emerging Community Zone to assist code assessment
No Maintain overlay map as advertised maintain Level of Assessment remove reference to CIA and remove reference to Service Area and Non-Service Area
Caboolture West growth area - (Area 1) - o Enable Area 1 to proceed to
development including residential and local centre
o Consistent with the SEQ Regional Planrsquos identification of Caboolture West as an expansion area
Preliminary approval (Variation) would involve - Impact assessment - Major non-compliance with the
assessment benchmarks without a Neighhourhood Development Plan for Area 1
- Area 1 - Overlay map -
Structure planned area - Level of assessment Service Area - RAL Code
assessment Non Service Area - RAL
Impact assessment
Changes - Delete reference to CIA - Delete reference to service area
non service area Result - No change to Overlay map -
Structure planned area - Level of assessment - RAL Code
assessment for SPA1
Strengthening of assessment benchmarks required in the Local Plan Zone Code andor RAL Code - Emerging Community Zone to assist code assessment
No Maintain overlay map as advertised maintain Level of Assessment remove reference to CIA remove reference to Service Area and Non-Service Area
Caboolture West growth area - (Balance of Caboolture West) - o Enable subsequent stages to
be structure planned and released through future scheme amendments
Preliminary approval (Variation) would involve - Impact assessment - Major non-compliance with the
assessment benchmarks without a Neighhourhood Development Plan for the relevant area
- Overlay map - Future Structure
plan area - Level of assessment - Impact assessment
Changes - Delete reference to CIA - Delete reference to service area
non service area Result - No change to Overlay map -
Future Structure plan area - Level of assessment - Impact
assessment
Revisit strategic framework to delete CIA and ensure strategic outcomes accurately reflect the future timing of these fronts
No Maintain overlay map as advertised remove reference to CIA Minor change to the strategic framework
Other growth areas to be structure planned and held subject to planning infrastructure requirements and financial obligations being determined o Morayfield o Burpengary east o Narangba east o Joyner
RAL application would involve - Code assessment - Major non-compliance with the
assessment benchmarks in the absence of integrated land use and infrastructure planning
MCU application would involve impact assessment
- Overlay Map - Future structure
planned area - Level of assessment - RAL
Impact assessment - Major non-compliance with the
assessment benchmarks in the absence of integrated land use and infrastructure planning including the strategic outcomes
Changes - Delete references to CIA in the
strategic framework - Delete references to service
area non service area Result - No change to Overlay map -
Future structure planned area
Revisit strategic framework to delete CIA and ensure strategic outcomes accurately reflect the future timing of these fronts
No Maintain overlay map as advertised maintain Level of Assessment and remove reference to CIA
MBRC policy end Current MBRC Planning
Scheme Advertised Proposed
Planning Scheme Amendment
Amended Proposed Planning Scheme
Amendment
Other necessary changes to achieve MBRC policy end
Substantial change
- No change to Level of assessment - RAL Impact assessment
Balance of Proposed Planning Scheme Amendment
Not applicable
Changes proposed (carports setbacks sheds etc)
No further changes to the proposed Planning Scheme Amendment as provided post consultation
Not applicable
Not applicable
PO Box 15009 City East QLD 4002wwwdsdmipqldgovau
From Stewart Pentland [mailtoStewartPentlandmoretonbayqldgovau] Sent Thursday 14 June 2018 1234 PMTo Kerry Doss ltKerryDossdsdmipqldgovaugt Graeme BoltonltGraemeBoltondsdmipqldgovaugt Megan Bayntun ltMeganBayntundsdmipqldgovaugtCc Anthony Martini ltAnthonyMartinimoretonbayqldgovaugtSubject MBRC Planning Scheme Amendment Meeting 13062018 Graeme Kerry and Megan Thank you for your time yesterday Tony and I found the meeting most useful As discussed and agreed in principle
1 Council would document a series of proposed changes to the existing Planning SchemeAmendment that responds to the States direction to remove reference to the CIA andassociated service area non-service area concepts (see attached)
2 Subject to an iterative process between the State and council this information would thenform the basis of a conditional approval of the current major scheme amendment amp
3 The existing amendment would then be finalised by way of a conditional approval consistentwith points 1 and 2 above ASAP
Please find attached a first draft table outlining what are considered to be the necessary changesto the current amendment We would welcome your thoughts on this so that we can continue todevelop its contents with you I note you indicated that for this approach to be utilised you would need to be comfortable thatthe type of changes proposed did not constitute a substantial change As a consequence we haveincluded a column (Substantial change) that includes our appraisal of each proposed change Againwe would welcome your thoughts on this matter also It would be good to progress this matter ASAP In doing so it would be appreciated if you couldadvise when you consider you may be able to provide a response to these initial draftrepresentations In the interim should you require anything further please let me know Regards Stewart PentlandDirectorPlanning and Economic DevelopmentMoreton Bay Regional Council2 Hasking Street Caboolture Qld 4510P 07 5433 2023M Email stewartpentlandmoretonbayqldgovauwwwmoretonbayqldgovau
RTI1819-035-DSDMIP - Page 33 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in this e-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are not anamed recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legalprivilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete all copiesimmediately and contact the sender to advise of the errorIt is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liability forloss or damage arising directly or indirectly from opening this email opening any attachments or any communication errorsThe views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 34 of 55
Summary of Proposed Planning Scheme Amendment
MBRC policy end Current MBRC Planning Scheme
Advertised Proposed Planning Scheme
Amendment
Amended Proposed Planning Scheme
Amendment
Other necessary changes to achieve MBRC policy end
Substantial change
Warner growth area - o Enable conversion of existing
industryrural residential to transition to residential outcomes
o Conversion consistent with the SEQ Regional Plan identification of Warner for growth
Industry zone and rural residential surrounded by existing residential and main roads Preliminary approval (Variation) would involve - Impact assessment - Major non-compliance with the
assessment benchmarks
- Zone change to Emerging
Community - Overlay map - Structure
planned area - Level of assessment - Service Area - RAL Code
assessment No Service Area - RAL
Impact assessment
Changes - Delete reference to CIA - Delete reference to service area
non service area Result - No change to Overlay map -
Structure planned area - Level of Assessment - RAL
Code assessment
Strengthening of assessment benchmarks required in the Emerging Community Zone Code andor RAL Code - Emerging Community Zone to assist code assessment
No Maintain overlay map as advertised maintain Level of Assessment remove reference to CIA and remove reference to Service Area and Non-Service Area
Caboolture West growth area - (Area 1) - o Enable Area 1 to proceed to
development including residential and local centre
o Consistent with the SEQ Regional Planrsquos identification of Caboolture West as an expansion area
Preliminary approval (Variation) would involve - Impact assessment - Major non-compliance with the
assessment benchmarks without a Neighhourhood Development Plan for Area 1
- Area 1 - Overlay map -
Structure planned area - Level of assessment Service Area - RAL Code
assessment Non Service Area - RAL
Impact assessment
Changes - Delete reference to CIA - Delete reference to service area
non service area Result - No change to Overlay map -
Structure planned area - Level of assessment - RAL Code
assessment for SPA1
Strengthening of assessment benchmarks required in the Local Plan Zone Code andor RAL Code - Emerging Community Zone to assist code assessment
No Maintain overlay map as advertised maintain Level of Assessment remove reference to CIA remove reference to Service Area and Non-Service Area
Caboolture West growth area - (Balance of Caboolture West) - o Enable subsequent stages to
be structure planned and released through future scheme amendments
Preliminary approval (Variation) would involve - Impact assessment - Major non-compliance with the
assessment benchmarks without a Neighhourhood Development Plan for the relevant area
- Overlay map - Future Structure
plan area - Level of assessment - Impact assessment
Changes - Delete reference to CIA - Delete reference to service area
non service area Result - No change to Overlay map -
Future Structure plan area - Level of assessment - Impact
assessment
Revisit strategic framework to delete CIA and ensure strategic outcomes accurately reflect the future timing of these fronts
No Maintain overlay map as advertised remove reference to CIA Minor change to the strategic framework
Other growth areas to be structure planned and held subject to planning infrastructure requirements and financial obligations being determined o Morayfield o Burpengary east o Narangba east o Joyner
RAL application would involve - Code assessment - Major non-compliance with the
assessment benchmarks in the absence of integrated land use and infrastructure planning
MCU application would involve impact assessment
- Overlay Map - Future structure
planned area - Level of assessment - RAL
Impact assessment - Major non-compliance with the
assessment benchmarks in the absence of integrated land use and infrastructure planning including the strategic outcomes
Changes - Delete references to CIA in the
strategic framework - Delete references to service
area non service area Result - No change to Overlay map -
Future structure planned area
Revisit strategic framework to delete CIA and ensure strategic outcomes accurately reflect the future timing of these fronts
No Maintain overlay map as advertised maintain Level of Assessment and remove reference to CIA
RTI1819-035-DSDMIP - Page 35 of 55
MBRC policy end Current MBRC Planning
Scheme Advertised Proposed
Planning Scheme Amendment
Amended Proposed Planning Scheme
Amendment
Other necessary changes to achieve MBRC policy end
Substantial change
- No change to Level of assessment - RAL Impact assessment
Balance of Proposed Planning Scheme Amendment
Not applicable
Changes proposed (carports setbacks sheds etc)
No further changes to the proposed Planning Scheme Amendment as provided post consultation
Not applicable
Not applicable
RTI1819-035-DSDMIP - Page 36 of 55
From Graeme BoltonTo Stewart Pentland Kerry Doss Megan BayntunCc Anthony MartiniSubject RE MBRC Planning Scheme Amendment Meeting 13062018Date Monday 18 June 2018 82200 AMAttachments image001png
image002jpg
Hi Stewart Thank you for providing the attached table and below information As per Kerryrsquos email we willreview and respond as soon as possible Regards Graeme
Graeme BoltonExecutive Director Planning and Development ServicesPlanning GroupDepartment of State Development Manufacturing Infrastructure and Planning---------------------------------------------------------------------------------------------------------------------------------------------
P 07 3452 6741 MLevel 13 1 William Street Brisbane QLD 4000PO Box 15009 City East QLD 4002wwwdsdmipqldgovau
From Stewart Pentland [mailtoStewartPentlandmoretonbayqldgovau] Sent Thursday 14 June 2018 1234 PMTo Kerry Doss ltKerryDossdsdmipqldgovaugt Graeme BoltonltGraemeBoltondsdmipqldgovaugt Megan Bayntun ltMeganBayntundsdmipqldgovaugtCc Anthony Martini ltAnthonyMartinimoretonbayqldgovaugtSubject MBRC Planning Scheme Amendment Meeting 13062018 Graeme Kerry and Megan Thank you for your time yesterday Tony and I found the meeting most useful As discussed and agreed in principle
1 Council would document a series of proposed changes to the existing Planning SchemeAmendment that responds to the States direction to remove reference to the CIA andassociated service area non-service area concepts (see attached)
2 Subject to an iterative process between the State and council this information would thenform the basis of a conditional approval of the current major scheme amendment amp
3 The existing amendment would then be finalised by way of a conditional approval consistentwith points 1 and 2 above ASAP
RTI1819-035-DSDMIP - Page 37 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
Please find attached a first draft table outlining what are considered to be the necessary changesto the current amendment We would welcome your thoughts on this so that we can continue todevelop its contents with you I note you indicated that for this approach to be utilised you would need to be comfortable thatthe type of changes proposed did not constitute a substantial change As a consequence we haveincluded a column (Substantial change) that includes our appraisal of each proposed change Againwe would welcome your thoughts on this matter also It would be good to progress this matter ASAP In doing so it would be appreciated if you couldadvise when you consider you may be able to provide a response to these initial draftrepresentations In the interim should you require anything further please let me know Regards Stewart PentlandDirectorPlanning and Economic DevelopmentMoreton Bay Regional Council2 Hasking Street Caboolture Qld 4510P 07 5433 2023M Email stewartpentlandmoretonbayqldgovauwwwmoretonbayqldgovau CCR3_email_signhr
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in this e-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are not anamed recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legalprivilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete all copiesimmediately and contact the sender to advise of the errorIt is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liability forloss or damage arising directly or indirectly from opening this email opening any attachments or any communication errorsThe views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 38 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
From Graeme BoltonTo Anthony MartiniCc Ann Abbott Stewart Pentland Kerry DossSubject RE Moreton Bay Regional Council - Amendment to Planning Scheme ProgressDate Tuesday 10 July 2018 65800 PMAttachments image001png
Good afternoon Tony Thank you for your email below I do apologise for not being able to take your call I was in ameeting and then subsequently on a teleconference when you phoned As discussed last week we met with DTMR officers who agreed to provide us with additionalinformation by tomorrow We greatly appreciate the councilrsquos willingness to work with the department to find a wayforward However given the complexity of the amendments it is not as easy as you portray tohave ldquoremoved the CIA and the servicenon service area referencesrdquo All we have at this point intime is a high level table with expressed intent To give effect to this intent involves significantchanges to the proposed amendment and carries a very high risk of unintended consequencesfor the operation of the planning scheme and potential lawfulness of the amendment I amextremely concerned about agreeing to something now only to find out after the Minister hasconditionally approved the amendment that the expressed intent cannot be delivered We are endeavouring to find a solution I will advise further once we have received theadditional information from DTMR Regards Graeme
Graeme BoltonExecutive Director Planning and Development ServicesPlanning GroupDepartment of State Development Manufacturing Infrastructure and Planning--------------------------------------------------------------- ---------------------------
P 07 3452 6741 MLevel 13 1 William Street Brisbane QLD 4000PO Box 15009 City East QLD 4002wwwdsdmipqldgovau
From Anthony Martini [mailtoAnthonyMartinimoretonbayqldgovau] Sent Tuesday 10 July 2018 108 PMTo Graeme Bolton ltGraemeBoltondsdmipqldgovaugtCc Ann Abbott ltAnnAbbottmoretonbayqldgovaugt Stewart PentlandltStewartPentlandmoretonbayqldgovaugt Kerry Doss ltKerryDossdsdmipqldgovaugtSubject Moreton Bay Regional Council - Amendment to Planning Scheme Progress
RTI1819-035-DSDMIP - Page 39 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
Hi Graeme Appreciate that you are busy however I have endeavoured to make contact with you over thepast few days for the purposes of understanding where we are at with regards to receiving apartial or full draft condition set to the amendment to the planning scheme It is nearly 4 weeks since we first met at which meeting MBRC offered to remove the CIA andservice areas non service areas from the amendment and provided shortly thereafter a tablesummary of these changes for further discussion and guidance for the State and MBRC to workthrough You have advised that these changes are agreed in principle You have also advised that thechanges need to be worked through I am in a position where I need some information from you as to what is occurring and when toprovide to the CEO and Mayor From MBRCrsquos perspective we have undertaken all that has beenasked of MBRC - removed the CIA and the servicenon service area references Is there anythingelse which MBRC needs to consider I await your advice Thanks Tony
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in thise-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are nota named recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legalprivilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete allcopies immediately and contact the sender to advise of the errorIt is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liabilityfor loss or damage arising directly or indirectly from opening this email opening any attachments or any communication errorsThe views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 40 of 55
From Graeme BoltonTo Anthony MartiniCc Stewart Pentland Kerry Doss Garth NolanSubject RE Update on draft conditionsDate Thursday 5 July 2018 30400 PMAttachments image001png
image002png
Hi Tony I appreciate your concerns and we are progressing this as fast as possible As you can alsohopefully appreciate the amendment in its own right is a very large and complex document Thechanges being proposed are not unsubstantial and have multiple unintended consequencesmany of which have the potential to adversely affect matters of state interest As such we aretrying to resolve these to an acceptable level (for the state) before sharing these with you I will forward these to you as soon as possible Regards Graeme
Graeme BoltonExecutive Director Planning and Development ServicesPlanning GroupDepartment of State Development Manufacturing Infrastructure and Planning---------------------------------------------------------------------------------------------------------------------------------------------
P 07 3452 6741 MLevel 13 1 William Street Brisbane QLD 4000PO Box 15009 City East QLD 4002wwwdsdmipqldgovau
From Anthony Martini [mailtoAnthonyMartinimoretonbayqldgovau] Sent Tuesday 3 July 2018 543 PMTo Graeme Bolton ltGraemeBoltondsdmipqldgovaugtCc Stewart Pentland ltStewartPentlandmoretonbayqldgovaugt Kerry DossltKerryDossdsdmipqldgovaugt Garth Nolan ltGarthNolandsdmipqldgovaugtSubject RE Update on draft conditions Hi Graeme Thank you for the update It would be good to catch up sooner rather than later as it is fast approaching 3 weeks since ourinitial meeting I can advise that the Mayor sought advice from me as to where the amendmentwas at - as I had advised him 10 days ago that a draft set was to be available with a day or so As discussed our preference is to collaboratively work on the content of the draft conditions Itwould be appreciated if you could send through the balance of the approval and conditions now
RTI1819-035-DSDMIP - Page 41 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
this will enable us to get the process moving Thanks Tony
From Graeme Bolton [mailtoGraemeBoltondsdmipqldgovau] Sent Tuesday 3 July 2018 307 PMTo Anthony Martini ltAnthonyMartinimoretonbayqldgovaugtCc Stewart Pentland ltStewartPentlandmoretonbayqldgovaugt Kerry DossltKerryDossdsdmipqldgovaugt Garth Nolan ltGarthNolandsdmipqldgovaugtSubject Update on draft conditions Hi Tony As previously advised I met with senior officers from DTMR today to discuss some concernstheyrsquove raised in respect to conditioning the proposed amendment I believe we have a wayforward and DTMR are working on a couple of options as a matter of priority I am expecting tohave something back from DTMR mid next week We will continue to work closely with them totry and get something out sooner As previously discussed we will share the draft conditions once we are satisfied with them Wewould be happy to work with you to ensure they are workable from councilrsquos perspective Regards Graeme
Graeme BoltonExecutive Director Planning and Development ServicesPlanning GroupDepartment of State Development Manufacturing Infrastructure and Planning---------------------------------------------------------------- -------------------------------
P 07 3452 6741 MLevel 13 1 William Street Brisbane QLD 4000PO Box 15009 City East QLD 4002wwwdsdmipqldgovau
This email and any attachments may contain confidential or privileged information and may be protected by copyright Youmust not use or disclose them other than for the purposes for which they were supplied The confidentiality and privilegeattached to this message and attachment is not waived by reason of mistaken delivery to you If you are not the intendedrecipient you must not use disclose retain forward or reproduce this message or any attachments If you receive thismessage in error please notify the sender by return email or telephone and destroy and delete all copies The Departmentdoes not accept any responsibility for any loss or damage that may result from reliance on or use of any informationcontained in this email andor attachments
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in this
e-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are not
RTI1819-035-DSDMIP - Page 42 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
a named recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legal
privilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete all
copies immediately and contact the sender to advise of the error
It is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liability
for loss or damage arising directly or indirectly from opening this email opening any attachments or any communication errors
The views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 43 of 55
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Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
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Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
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Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
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Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
RTI1819-035-DSDMIP - Page 54 of 55
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2
From Caroline Plank [mailtoCarolinePlankdsdmipqldgovau] Sent Tuesday 5 June 2018 1002 AM To Kate Isles ltKateIslesmoretonbayqldgovaugt Carmen Garbe ltCarmenGarbemoretonbayqldgovaugt David Hood ltDavidHoodmoretonbayqldgovaugt Marco Alberti ltMarcoAlbertimoretonbayqldgovaugt Stewart Pentland ltStewartPentlandmoretonbayqldgovaugt Lauren Fishburn ltLaurenFishburnmoretonbayqldgovaugt Cathy Ross ltCathyRossmoretonbayqldgovaugt David Close ltDavidClosemoretonbayqldgovaugt Amy White ltAmyWhitemoretonbayqldgovaugt Tina Maltby‐Wells ltTinaMaltby‐Wellsmoretonbayqldgovaugt Brent ONeill ltBrentONeillmoretonbayqldgovaugt Peter Rawlinson ltPeterRawlinsonmoretonbayqldgovaugt Andrew Lintern ltAndrewLinternmoretonbayqldgovaugt Scott Hambleton ltScottHambletonmoretonbayqldgovaugt Kate Isles ltKateIslesmoretonbayqldgovaugt Carmen Garbe ltCarmenGarbemoretonbayqldgovaugt Lauren Fishburn ltLaurenFishburnmoretonbayqldgovaugt Tina Maltby‐Wells ltTinaMaltby‐Wellsmoretonbayqldgovaugt Brent ONeill ltBrentONeillmoretonbayqldgovaugt Andrew Lintern ltAndrewLinternmoretonbayqldgovaugt Marco Alberti ltMarcoAlbertimoretonbayqldgovaugt Cathy Ross ltCathyRossmoretonbayqldgovaugt Amy White ltAmyWhitemoretonbayqldgovaugt Scott Hambleton ltScottHambletonmoretonbayqldgovaugt Cc Garth Nolan ltGarthNolandsdmipqldgovaugt Subject Upcoming bi‐monthly meeting ‐ Thursday 7 June
Hello MBRC
We have a meeting booked in for this Thursday
Can you please advise today if you have any concerns with that meeting going ahead (ie scheduling timing
whether there is an absence of agenda items)
If you are happy for the meeting to go ahead please provide me with some agenda items
Regards
Caroline Plank Principal Planning Officer Planning and Development Services (SEQ North) Department of State Development Manufacturing Infrastructure and Planning ---------------------------------------------------------------------------------------------------------------------------------------------
P 07 5352 9709 12 First Avenue Maroochydore wwwdsdmipqldgovau
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in this e-mail and any
attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are not a named recipient any use of this
information including copying distribution and publication is prohibited Confidentiality and legal privilege are not waived or lost as a result of mistaken or
erroneous delivery If you are not a named recipient please delete all copies immediately and contact the sender to advise of the error
It is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liability for loss or damage
arising directly or indirectly from opening this email opening any attachments or any communication errors
The views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 3 of 55
Phone (07) 5433 2073
Our Ref A16988781
Date 31 May 2018
RTI1819-035-DSDMIP - Page 4 of 55
Irrelevant information deleted under section 73 of the RTI Act
RTI1819-035-DSDMIP - Page 5 of 55
Irrelevant information deleted under section 73 of the RTI Act
1
Anne Wood
From Anthony Martini ltAnthonyMartinimoretonbayqldgovaugtSent Friday 27 July 2018 516 PMTo Kerry Doss Graeme BoltonSubject Contact details
Hi folks Look forward to receiving your letter As advised we briefed the Council yesterday following our meeting The Council is expecting a further briefing next Tuesday Thanks Tony M E Anthonymartinimoretonbayqldgovau
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in this e-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are not a named recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legal privilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete all copies immediately and contact the sender to advise of the error It is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liability for loss or damage arising directly or indirectly from opening this email opening any attachments or any communication errors The views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 6 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
1
Anne Wood
From Stewart Pentland ltStewartPentlandmoretonbayqldgovaugtSent Thursday 14 June 2018 1234 PMTo Kerry Doss Graeme Bolton Megan BayntunCc Anthony MartiniSubject MBRC Planning Scheme Amendment Meeting 13062018Attachments 130608 Revised Proposed MBRC Planning Scheme Amendment (002)pdf
Graeme Kerry and Megan Thank you for your time yesterday Tony and I found the meeting most useful As discussed and agreed in principle
1 Council would document a series of proposed changes to the existing Planning Scheme Amendment that responds to the States direction to remove reference to the CIA and associated service area non‐service area concepts (see attached)
2 Subject to an iterative process between the State and council this information would then form the basis of a conditional approval of the current major scheme amendment amp
3 The existing amendment would then be finalised by way of a conditional approval consistent with points 1 and 2 above ASAP
Please find attached a first draft table outlining what are considered to be the necessary changes to the current amendment We would welcome your thoughts on this so that we can continue to develop its contents with you I note you indicated that for this approach to be utilised you would need to be comfortable that the type of changes proposed did not constitute a substantial change As a consequence we have included a column (Substantial change) that includes our appraisal of each proposed change Again we would welcome your thoughts on this matter also It would be good to progress this matter ASAP In doing so it would be appreciated if you could advise when you consider you may be able to provide a response to these initial draft representations In the interim should you require anything further please let me know Regards Stewart Pentland Director Planning and Economic Development Moreton Bay Regional Council 2 Hasking Street Caboolture Qld 4510 P 07 5433 2023 M Email stewartpentlandmoretonbayqldgovau wwwmoretonbayqldgovau
RTI1819-035-DSDMIP - Page 7 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
2
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in this e-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are not a named recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legal privilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete all copies immediately and contact the sender to advise of the error It is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liability for loss or damage arising directly or indirectly from opening this email opening any attachments or any communication errors The views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 8 of 55
Summary of Proposed Planning Scheme Amendment
MBRC policy end Current MBRC Planning Scheme
Advertised Proposed Planning Scheme
Amendment
Amended Proposed Planning Scheme
Amendment
Other necessary changes to achieve MBRC policy end
Substantial change
Warner growth area - o Enable conversion of existing
industryrural residential to transition to residential outcomes
o Conversion consistent with the SEQ Regional Plan identification of Warner for growth
Industry zone and rural residential surrounded by existing residential and main roads Preliminary approval (Variation) would involve - Impact assessment - Major non-compliance with the
assessment benchmarks
- Zone change to Emerging
Community - Overlay map - Structure
planned area - Level of assessment - Service Area - RAL Code
assessment No Service Area - RAL
Impact assessment
Changes - Delete reference to CIA - Delete reference to service area
non service area Result - No change to Overlay map -
Structure planned area - Level of Assessment - RAL
Code assessment
Strengthening of assessment benchmarks required in the Emerging Community Zone Code andor RAL Code - Emerging Community Zone to assist code assessment
No Maintain overlay map as advertised maintain Level of Assessment remove reference to CIA and remove reference to Service Area and Non-Service Area
Caboolture West growth area - (Area 1) - o Enable Area 1 to proceed to
development including residential and local centre
o Consistent with the SEQ Regional Planrsquos identification of Caboolture West as an expansion area
Preliminary approval (Variation) would involve - Impact assessment - Major non-compliance with the
assessment benchmarks without a Neighhourhood Development Plan for Area 1
- Area 1 - Overlay map -
Structure planned area - Level of assessment Service Area - RAL Code
assessment Non Service Area - RAL
Impact assessment
Changes - Delete reference to CIA - Delete reference to service area
non service area Result - No change to Overlay map -
Structure planned area - Level of assessment - RAL Code
assessment for SPA1
Strengthening of assessment benchmarks required in the Local Plan Zone Code andor RAL Code - Emerging Community Zone to assist code assessment
No Maintain overlay map as advertised maintain Level of Assessment remove reference to CIA remove reference to Service Area and Non-Service Area
Caboolture West growth area - (Balance of Caboolture West) - o Enable subsequent stages to
be structure planned and released through future scheme amendments
Preliminary approval (Variation) would involve - Impact assessment - Major non-compliance with the
assessment benchmarks without a Neighhourhood Development Plan for the relevant area
- Overlay map - Future Structure
plan area - Level of assessment - Impact assessment
Changes - Delete reference to CIA - Delete reference to service area
non service area Result - No change to Overlay map -
Future Structure plan area - Level of assessment - Impact
assessment
Revisit strategic framework to delete CIA and ensure strategic outcomes accurately reflect the future timing of these fronts
No Maintain overlay map as advertised remove reference to CIA Minor change to the strategic framework
Other growth areas to be structure planned and held subject to planning infrastructure requirements and financial obligations being determined o Morayfield o Burpengary east o Narangba east o Joyner
RAL application would involve - Code assessment - Major non-compliance with the
assessment benchmarks in the absence of integrated land use and infrastructure planning
MCU application would involve impact assessment
- Overlay Map - Future structure
planned area - Level of assessment - RAL
Impact assessment - Major non-compliance with the
assessment benchmarks in the absence of integrated land use and infrastructure planning including the strategic outcomes
Changes - Delete references to CIA in the
strategic framework - Delete references to service
area non service area Result - No change to Overlay map -
Future structure planned area
Revisit strategic framework to delete CIA and ensure strategic outcomes accurately reflect the future timing of these fronts
No Maintain overlay map as advertised maintain Level of Assessment and remove reference to CIA
RTI1819-035-DSDMIP - Page 9 of 55
MBRC policy end Current MBRC Planning
Scheme Advertised Proposed
Planning Scheme Amendment
Amended Proposed Planning Scheme
Amendment
Other necessary changes to achieve MBRC policy end
Substantial change
- No change to Level of assessment - RAL Impact assessment
Balance of Proposed Planning Scheme Amendment
Not applicable
Changes proposed (carports setbacks sheds etc)
No further changes to the proposed Planning Scheme Amendment as provided post consultation
Not applicable
Not applicable
RTI1819-035-DSDMIP - Page 10 of 55
1
Anne Wood
From Anthony Martini ltAnthonyMartinimoretonbayqldgovaugtSent Tuesday 10 July 2018 108 PMTo Graeme BoltonCc Ann Abbott Stewart Pentland Kerry DossSubject Moreton Bay Regional Council - Amendment to Planning Scheme Progress
Hi Graeme Appreciate that you are busy however I have endeavoured to make contact with you over the past few days for the purposes of understanding where we are at with regards to receiving a partial or full draft condition set to the amendment to the planning scheme It is nearly 4 weeks since we first met at which meeting MBRC offered to remove the CIA and service areas non service areas from the amendment and provided shortly thereafter a table summary of these changes for further discussion and guidance for the State and MBRC to work through You have advised that these changes are agreed in principle You have also advised that the changes need to be worked through I am in a position where I need some information from you as to what is occurring and when to provide to the CEO and Mayor From MBRCrsquos perspective we have undertaken all that has been asked of MBRC ‐ removed the CIA and the servicenon service area references Is there anything else which MBRC needs to consider I await your advice Thanks Tony
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in this e-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are not a named recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legal privilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete all copies immediately and contact the sender to advise of the error It is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liability for loss or damage arising directly or indirectly from opening this email opening any attachments or any communication errors The views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 11 of 55
1
Anne Wood
From Anthony Martini ltAnthonyMartinimoretonbayqldgovaugtSent Tuesday 17 July 2018 234 PMTo Graeme BoltonCc Ann Abbott Kerry Doss Stewart PentlandSubject Planning Scheme Amendment
Hi Graeme I have sought not to bother you this past week with requests for updates Stewart and I are briefing the Council next Tuesday as to the current status of MBRCrsquos planning scheme amendment Can you please advise where the State is at by this Friday such that the information we provide the Council is current Have you received information you sought from DTMR last Wednesday I await your advice Thanks Tony
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in this e-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are not a named recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legal privilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete all copies immediately and contact the sender to advise of the error It is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liability for loss or damage arising directly or indirectly from opening this email opening any attachments or any communication errors The views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 12 of 55
1
Anne Wood
From Kerry DossSent Friday 27 July 2018 551 PMTo Anthony MartiniCc Graeme BoltonSubject RE Contact detailsAttachments DDG letter to Anthony Martinipdf
Hi Anthony Letter as requested Please feel free to call should you require any clarification regards
Kerry Doss Deputy Director‐General Planning Group Department of State Development Manufacturing Infrastructure and Planning ---------------------------------------------------------------------------------------------------------------------------------------------
P 07 3452 7909 ME kerrydossdsdmipqldgovau Level 13 1 William Street Brisbane QLD 4000 PO Box 15009 City East QLD 4002 wwwdsdmipqldgovau
From Anthony Martini ltAnthonyMartinimoretonbayqldgovaugt Sent Friday 27 July 2018 516 PM To Kerry Doss ltKerryDossdsdmipqldgovaugt Graeme Bolton ltGraemeBoltondsdmipqldgovaugt Subject Contact details Hi folks Look forward to receiving your letter As advised we briefed the Council yesterday following our meeting The Council is expecting a further briefing next Tuesday Thanks Tony ME Anthonymartinimoretonbayqldgovau
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in this e-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are not a named recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legal privilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete all copies immediately and contact the sender to advise of the error It is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liability for loss or damage arising directly or indirectly from opening this email opening any attachments or any communication errors The views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 13 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
Our ref OUT185247
27 July 2018 Mr Anthony Martini Deputy CEO Director Engineering Construction and Maintenance Moreton Bay Regional Council PO Box 159 CABOOLTURE QLD 4510 Dear Anthony I refer to the 26 July 2018 meeting between yourself Mr Stewart Pentland Mr Graeme Bolton and myself to discuss the proposed Major Amendment 2 (the proposed amendment) to the Moreton Bay Regional Council (the council) planning scheme As you are aware the department has assessed the proposed amendment and cannot support a recommendation to approve the proposed amendment due to the proposed Coordinating Infrastructure Agreement associated provisions (the CIA) and outstanding matters of state interest It was agreed that the Department of State Development Manufacturing Infrastructure and Planning (the department) would consider if it could support approving the proposed amendment subject to conditions to enable the minor elements not associated with structure planning and the CIA to proceed It was understood that these minor elements related to provisions such as development code requirements (eg setback provisions for carports) various overlay maps (eg the walking distance map) and codes and various minor provisions (eg animal husbandry) In particular it was understood that this did not include elements relating to the CIA including structure planned areas which are contingent on the CIA provisions Notwithstanding this understanding the department agreed that it would consider a broader range of changes as proposed in Mr Pentlandrsquos email of 14 June 2018 As discussed at our 26 July 2018 meeting the department has undertaken investigations and has concluded it cannot support a recommendation to approve the proposed amendment subject to conditions This is based on matters of state interest relating to transport infrastructure biodiversity values and the consideration of the significantly different test
RTI1819-035-DSDMIP - Page 14 of 55
Page 2 of 2
As discussed there a number of options available to the council 1 The council formally resolves and withdraws the proposed amendment and
commences a new amendment process As discussed the department would be highly supportive of utilising section 18 of the Planning Act 2016 to create a tailored amendment process (that does not require further public consultation) for the minor elements and a second tailored process (potentially requiring further public consultation) for the structure planning elements of the proposed amendment
OR 2 The council formally places the amendment process on hold and resubmits a
revised version of the proposed amendment Please note that should the council choose this option it will need to satisfy itself that the changes made do not result in a significantly different version of the proposed amendment than the version that underwent public consultation Please be advised that the Planning Minister in addition to the council will also need to be satisfied that the changes made do not result in a significantly different version of the proposed amendment then that which underwent public consultation The department is of the view (noting that it has not seen any possible changes) that it is highly likely that any changes made in respect to removing the CIA from the proposed amendment will be likely to result in a significantly different version
OR 3 The Planning Minister considers and decides the proposed amendment in its
current form
As discussed in respect to options 1 and 2 above the department is strongly supportive of coordinating the input of the Department of Transport and Main Roads and the Department of Environment and Science to resolve the outstanding matters of state interest It would be greatly appreciated if the council could formally advise the department of its preferred option by close of business on Friday 10 August 2018 If no advice has been received by this date the department will progress the proposed amendment for the Planning Ministerrsquos considers and decision in its current form If you require any further information please contact Mr Graeme Bolton Executive Director Planning Group Department of State Development Manufacturing Infrastructure and Planning on (07) 3452 6741 or Graemeboltondsdmipqldgovau who will be pleased to assist Yours sincerely
Kerry Doss Deputy Director-General
RTI1819-035-DSDMIP - Page 15 of 55
1
Anne Wood
From Kerry DossSent Saturday 16 June 2018 1034 AMTo Stewart Pentland Graeme Bolton Megan BayntunCc Anthony MartiniSubject Re MBRC Planning Scheme Amendment Meeting 13062018
Thanks Stuart We will consider and come back to you Regards Kerry Doss Kerry Doss Deputy Director‐General Planning Group Department of State Development Manufacturing Infrastructure amp Planning P 07 3452 7909 ME kerry dossdsdmip qldgovau
From Stewart Pentland ltStewartPentlandmoretonbayqldgovaugt Sent Thursday June 14 2018 123348 PM To Kerry Doss Graeme Bolton Megan Bayntun Cc Anthony Martini Subject MBRC Planning Scheme Amendment Meeting 13062018 Graeme Kerry and Megan Thank you for your time yesterday Tony and I found the meeting most useful As discussed and agreed in principle
1 Council would document a series of proposed changes to the existing Planning Scheme Amendment that responds to the States direction to remove reference to the CIA and associated service area non‐service area concepts (see attached)
2 Subject to an iterative process between the State and council this information would then form the basis of a conditional approval of the current major scheme amendment amp
3 The existing amendment would then be finalised by way of a conditional approval consistent with points 1 and 2 above ASAP
Please find attached a first draft table outlining what are considered to be the necessary changes to the current amendment We would welcome your thoughts on this so that we can continue to develop its contents with you I note you indicated that for this approach to be utilised you would need to be comfortable that the type of changes proposed did not constitute a substantial change As a consequence we have included a column (Substantial change) that includes our appraisal of each proposed change Again we would welcome your thoughts on this matter also It would be good to progress this matter ASAP In doing so it would be appreciated if you could advise when you consider you may be able to provide a response to these initial draft representations In the interim should you require anything further please let me know
RTI1819-035-DSDMIP - Page 16 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
2
Regards Stewart Pentland Director Planning and Economic Development Moreton Bay Regional Council 2 Hasking Street Caboolture Qld 4510 P 07 5433 2023 MEmail stewartpentlandmoretonbayqldgovau wwwmoretonbayqldgovau
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in this e-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are not a named recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legal privilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete all copies immediately and contact the sender to advise of the error It is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liability for loss or damage arising directly or indirectly from opening this email opening any attachments or any communication errors The views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 17 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
1
Anne Wood
From Stewart Pentland ltStewartPentlandmoretonbayqldgovaugtSent Tuesday 10 July 2018 839 PMTo Graeme BoltonCc Anthony Martini Ann Abbott Kerry DossSubject Re Moreton Bay Regional Council - Amendment to Planning Scheme Progress
Graeme I am concerned your response is straying from what council understood to be our agreement It is important from Councils perspective that the conditions are developed collaboratively Once agreement has been achieved on the conditions content they would then be finalised This was our agreement as we understood it Beyond this it is Councils responsibility to then amend its own scheme and then collaborate with the state on the proposed changes that respond to your conditions As previously discussed and agreed this would occur through a tracked change version of the scheme that we would iterate with you until agreement had been achieved Our appraisal is that those sections of the scheme included in the lsquohigh level tablersquo will be those sections of the scheme that require amendment If the above is no longer the agreement please confirm ASAP Regards Stewart
Sent from SWP iPhone On 10 Jul 2018 at 658 pm Graeme Bolton ltGraemeBoltondsdmipqldgovaugt wrote
Good afternoon Tony Thank you for your email below I do apologise for not being able to take your call I was in a meeting and then subsequently on a teleconference when you phoned As discussed last week we met with DTMR officers who agreed to provide us with additional information by tomorrow We greatly appreciate the councilrsquos willingness to work with the department to find a way forward However given the complexity of the amendments it is not as easy as you portray to have ldquoremoved the CIA and the servicenon service area referencesrdquo All we have at this point in time is a high level table with expressed intent To give effect to this intent involves significant changes to the proposed amendment and carries a very high risk of unintended consequences for the operation of the planning scheme and potential lawfulness of the amendment I am extremely concerned about agreeing to something now only to find out after the Minister has conditionally approved the amendment that the expressed intent cannot be delivered We are endeavouring to find a solution I will advise further once we have received the additional information from DTMR Regards Graeme
RTI1819-035-DSDMIP - Page 18 of 55
2
ltimage001pnggt Graeme Bolton Executive Director Planning and Development Services Planning Group Department of State Development Manufacturing Infrastructure and Planning --------------------------------------------------------------------------------------------------------------------------------------------- P 07 3452 6741 MLevel 13 1 William Street Brisbane QLD 4000 PO Box 15009 City East QLD 4002 wwwdsdmipqldgovau
From Anthony Martini [mailtoAnthonyMartinimoretonbayqldgovau] Sent Tuesday 10 July 2018 108 PM To Graeme Bolton ltGraemeBoltondsdmipqldgovaugt Cc Ann Abbott ltAnnAbbottmoretonbayqldgovaugt Stewart Pentland ltStewartPentlandmoretonbayqldgovaugt Kerry Doss ltKerryDossdsdmipqldgovaugt Subject Moreton Bay Regional Council ‐ Amendment to Planning Scheme Progress Hi Graeme Appreciate that you are busy however I have endeavoured to make contact with you over the past few days for the purposes of understanding where we are at with regards to receiving a partial or full draft condition set to the amendment to the planning scheme It is nearly 4 weeks since we first met at which meeting MBRC offered to remove the CIA and service areas non service areas from the amendment and provided shortly thereafter a table summary of these changes for further discussion and guidance for the State and MBRC to work through You have advised that these changes are agreed in principle You have also advised that the changes need to be worked through I am in a position where I need some information from you as to what is occurring and when to provide to the CEO and Mayor From MBRCrsquos perspective we have undertaken all that has been asked of MBRC ‐ removed the CIA and the servicenon service area references Is there anything else which MBRC needs to consider I await your advice Thanks Tony
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in this e-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are not a named recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legal privilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete all copies immediately and contact the sender to advise of the error It is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liability for loss or damage arising directly or indirectly from opening this email opening any attachments or any communication errors The views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 19 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in this e-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are not a named recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legal privilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete all copies immediately and contact the sender to advise of the error It is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liability for loss or damage arising directly or indirectly from opening this email opening any attachments or any communication errors The views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 20 of 55
1
Anne Wood
From Anthony Martini ltAnthonyMartinimoretonbayqldgovaugtSent Tuesday 3 July 2018 543 PMTo Graeme BoltonCc Stewart Pentland Kerry Doss Garth NolanSubject RE Update on draft conditions
Hi Graeme
Thank you for the update
It would be good to catch up sooner rather than later as it is fast approaching 3 weeks since our initial meeting I
can advise that the Mayor sought advice from me as to where the amendment was at ‐ as I had advised him 10 days
ago that a draft set was to be available with a day or so
As discussed our preference is to collaboratively work on the content of the draft conditions It would be
appreciated if you could send through the balance of the approval and conditions now this will enable us to get the
process moving
Thanks
Tony
From Graeme Bolton [mailtoGraemeBoltondsdmipqldgovau] Sent Tuesday 3 July 2018 307 PM To Anthony Martini ltAnthonyMartinimoretonbayqldgovaugt Cc Stewart Pentland ltStewartPentlandmoretonbayqldgovaugt Kerry Doss ltKerryDossdsdmipqldgovaugt Garth Nolan ltGarthNolandsdmipqldgovaugt Subject Update on draft conditions
Hi Tony
As previously advised I met with senior officers from DTMR today to discuss some concerns theyrsquove raised in
respect to conditioning the proposed amendment I believe we have a way forward and DTMR are working on a
couple of options as a matter of priority I am expecting to have something back from DTMR mid next week We will
continue to work closely with them to try and get something out sooner
As previously discussed we will share the draft conditions once we are satisfied with them We would be happy to
work with you to ensure they are workable from councilrsquos perspective Regards Graeme
RTI1819-035-DSDMIP - Page 21 of 55
2
Graeme Bolton Executive Director Planning and Development Services Planning Group Department of State Development Manufacturing Infrastructure and Planning ---------------------------------------------------------------------------------------------------------------------------------------------
P 07 3452 6741 MLevel 13 1 William Street Brisbane QLD 4000 PO Box 15009 City East QLD 4002 wwwdsdmipqldgovau
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in this e-mail and any
attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are not a named recipient any use of this
information including copying distribution and publication is prohibited Confidentiality and legal privilege are not waived or lost as a result of mistaken or
erroneous delivery If you are not a named recipient please delete all copies immediately and contact the sender to advise of the error
It is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liability for loss or damage
arising directly or indirectly from opening this email opening any attachments or any communication errors
The views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 22 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
From Anthony MartiniTo Graeme BoltonCc Stewart Pentland Kerry Doss Megan BayntunSubject RE MBRC Planning Scheme Amendment Meeting 13062018Date Monday 25 June 2018 80656 AMAttachments image002png
Hi Graeme As per texts over the weekend - Stewart and I will see you from 1030am this morning Thanks Tony
From Graeme Bolton [mailtoGraemeBoltondsdmipqldgovau] Sent Friday 22 June 2018 643 PMTo Anthony Martini ltAnthonyMartinimoretonbayqldgovaugtCc Stewart Pentland ltStewartPentlandmoretonbayqldgovaugt Kerry DossltKerryDossdsdmipqldgovaugt Megan Bayntun ltMeganBayntundsdmipqldgovaugtSubject RE MBRC Planning Scheme Amendment Meeting 13062018 Dear Tony Please accept my apologies for not being able to get back to you earlier today As indicated in mymessage I was unexpectedly tied up all afternoon in an emergent and urgent issue I have reviewed the provided table and support in principle the matters identified in column fourIn respect to the matters identified in column five I can understand and again support in theprinciple the need for additional changes However the extent of changes will need to satisfy thesignificantly different test This is something that the department and Minister cannot resolvefrom This may mean that the desired changes may need to be tempered with what can besupported at this point in time and further decisions made by the council in respect to the riskprofile and whether or not to proceed with particular elements In addition to the above we have examined a couple of mechanisms that may be open to theMinister in deciding the proposed amendment In short we are exploring (a) the ability to partrefuse and part approve subject to conditions or (b) to solely condition The key consideration isto ensure whatever recommendation is made to the Minister the eventual decision can withstandclose scrutiny In both options given the volume of changes we would be also recommending tothe Minister a closing condition that requires the council to submit the changed amendment forendorsement by the Chief Executive prior to adoption by the council Finally as discussed at our last meeting through the second state interest review the Departmentof Environment and Science (DES) identified concerns in relation to koala habitat and the WarnerInvestigation Area structure plan I have been chasing (and have not yet received) additionalinformation and mapping from DES in relation to this At this point in time we would be looking toinclude a condition addresses the protection of the remaining koala habitat I am hoping to getgreater clarity and certainty on this (in terms of scale and location) in the coming days
RTI1819-035-DSDMIP - Page 23 of 55
I will give you a call on Monday to discuss Please do not hesitate to contact me in the interimshould you have questions or concerns Regards Graeme
Graeme BoltonExecutive Director Planning and Development ServicesPlanning GroupDepartment of State Development Manufacturing Infrastructure and Planning---------------------------------------------------------------------------------------------------------------------------------------------
P 07 3452 6741 MLevel 13 1 William Street Brisbane QLD 4000PO Box 15009 City East QLD 4002wwwdsdmipqldgovau
From Stewart Pentland [mailtoStewartPentlandmoretonbayqldgovau] Sent Thursday 14 June 2018 1234 PMTo Kerry Doss ltKerryDossdsdmipqldgovaugt Graeme BoltonltGraemeBoltondsdmipqldgovaugt Megan Bayntun ltMeganBayntundsdmipqldgovaugtCc Anthony Martini ltAnthonyMartinimoretonbayqldgovaugtSubject MBRC Planning Scheme Amendment Meeting 13062018 Graeme Kerry and Megan Thank you for your time yesterday Tony and I found the meeting most useful As discussed and agreed in principle
1 Council would document a series of proposed changes to the existing Planning SchemeAmendment that responds to the States direction to remove reference to the CIA andassociated service area non-service area concepts (see attached)
2 Subject to an iterative process between the State and council this information would thenform the basis of a conditional approval of the current major scheme amendment amp
3 The existing amendment would then be finalised by way of a conditional approval consistentwith points 1 and 2 above ASAP
Please find attached a first draft table outlining what are considered to be the necessary changesto the current amendment We would welcome your thoughts on this so that we can continue todevelop its contents with you I note you indicated that for this approach to be utilised you would need to be comfortable thatthe type of changes proposed did not constitute a substantial change As a consequence we haveincluded a column (Substantial change) that includes our appraisal of each proposed change Againwe would welcome your thoughts on this matter also
RTI1819-035-DSDMIP - Page 24 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
It would be good to progress this matter ASAP In doing so it would be appreciated if you couldadvise when you consider you may be able to provide a response to these initial draftrepresentations In the interim should you require anything further please let me know Regards Stewart PentlandDirectorPlanning and Economic DevelopmentMoreton Bay Regional Council2 Hasking Street Caboolture Qld 4510P 07 5433 2023MEmail stewartpentlandmoretonbayqldgovauwwwmoretonbayqldgovau
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in this e-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are not anamed recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legalprivilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete all copiesimmediately and contact the sender to advise of the errorIt is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liability forloss or damage arising directly or indirectly from opening this email opening any attachments or any communication errorsThe views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
This email and any attachments may contain confidential or privileged information and may be protected by copyright Youmust not use or disclose them other than for the purposes for which they were supplied The confidentiality and privilegeattached to this message and attachment is not waived by reason of mistaken delivery to you If you are not the intendedrecipient you must not use disclose retain forward or reproduce this message or any attachments If you receive this messagein error please notify the sender by return email or telephone and destroy and delete all copies The Department does notaccept any responsibility for any loss or damage that may result from reliance on or use of any information contained in thisemail andor attachments
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in this e-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are not anamed recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legalprivilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete all copiesimmediately and contact the sender to advise of the errorIt is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liability forloss or damage arising directly or indirectly from opening this email opening any attachments or any communication errorsThe views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 25 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
From Anthony MartiniTo Graeme BoltonCc Ann Abbott Stewart Pentland Kerry DossSubject RE Moreton Bay Regional Council - Amendment to Planning Scheme ProgressDate Wednesday 11 July 2018 114220 AMAttachments image002png
Thank you for your e-mail Graeme I look forward to your further advices re this matter My reference to timing was based upon advice provided 2 weeks ago at a meeting betweenMBRC and the State that MBRC was to receive a draft condition set the following day Thanks Tony
From Graeme Bolton [mailtoGraemeBoltondsdmipqldgovau] Sent Tuesday 10 July 2018 658 PMTo Anthony Martini ltAnthonyMartinimoretonbayqldgovaugtCc Ann Abbott ltAnnAbbottmoretonbayqldgovaugt Stewart PentlandltStewartPentlandmoretonbayqldgovaugt Kerry Doss ltKerryDossdsdmipqldgovaugtSubject RE Moreton Bay Regional Council - Amendment to Planning Scheme Progress Good afternoon Tony Thank you for your email below I do apologise for not being able to take your call I was in ameeting and then subsequently on a teleconference when you phoned As discussed last week we met with DTMR officers who agreed to provide us with additionalinformation by tomorrow We greatly appreciate the councilrsquos willingness to work with the department to find a wayforward However given the complexity of the amendments it is not as easy as you portray tohave ldquoremoved the CIA and the servicenon service area referencesrdquo All we have at this point intime is a high level table with expressed intent To give effect to this intent involves significantchanges to the proposed amendment and carries a very high risk of unintended consequencesfor the operation of the planning scheme and potential lawfulness of the amendment I amextremely concerned about agreeing to something now only to find out after the Minister hasconditionally approved the amendment that the expressed intent cannot be delivered We are endeavouring to find a solution I will advise further once we have received theadditional information from DTMR Regards Graeme
RTI1819-035-DSDMIP - Page 26 of 55
Graeme BoltonExecutive Director Planning and Development ServicesPlanning GroupDepartment of State Development Manufacturing Infrastructure and Planning---------------------------------------------------------------------------------------------------------------------------------------------
P 07 3452 6741 MLevel 13 1 William Street Brisbane QLD 4000PO Box 15009 City East QLD 4002wwwdsdmipqldgovau
From Anthony Martini [mailtoAnthonyMartinimoretonbayqldgovau] Sent Tuesday 10 July 2018 108 PMTo Graeme Bolton ltGraemeBoltondsdmipqldgovaugtCc Ann Abbott ltAnnAbbottmoretonbayqldgovaugt Stewart PentlandltStewartPentlandmoretonbayqldgovaugt Kerry Doss ltKerryDossdsdmipqldgovaugtSubject Moreton Bay Regional Council - Amendment to Planning Scheme Progress Hi Graeme Appreciate that you are busy however I have endeavoured to make contact with you over thepast few days for the purposes of understanding where we are at with regards to receiving apartial or full draft condition set to the amendment to the planning scheme It is nearly 4 weeks since we first met at which meeting MBRC offered to remove the CIA andservice areas non service areas from the amendment and provided shortly thereafter a tablesummary of these changes for further discussion and guidance for the State and MBRC to workthrough You have advised that these changes are agreed in principle You have also advised that thechanges need to be worked through I am in a position where I need some information from you as to what is occurring and when toprovide to the CEO and Mayor From MBRCrsquos perspective we have undertaken all that has beenasked of MBRC - removed the CIA and the servicenon service area references Is there anythingelse which MBRC needs to consider I await your advice Thanks Tony
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in thise-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are not
RTI1819-035-DSDMIP - Page 27 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
a named recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legalprivilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete allcopies immediately and contact the sender to advise of the errorIt is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liabilityfor loss or damage arising directly or indirectly from opening this email opening any attachments or any communication errorsThe views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
This email and any attachments may contain confidential or privileged information and may be protected by copyright Youmust not use or disclose them other than for the purposes for which they were supplied The confidentiality and privilegeattached to this message and attachment is not waived by reason of mistaken delivery to you If you are not the intendedrecipient you must not use disclose retain forward or reproduce this message or any attachments If you receive thismessage in error please notify the sender by return email or telephone and destroy and delete all copies The Departmentdoes not accept any responsibility for any loss or damage that may result from reliance on or use of any informationcontained in this email andor attachments
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in thise-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are nota named recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legalprivilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete allcopies immediately and contact the sender to advise of the errorIt is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liabilityfor loss or damage arising directly or indirectly from opening this email opening any attachments or any communication errorsThe views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 28 of 55
1
Anne Wood
Subject Discussion regarding DILGPs position and proposed changes to MBRC - Major Amendment 2Location ltlt1 William Street (1WS) - 36 Floor - Meet 3614gtgt
Organizer Cindy WaltonRequired AttendeesCindy Walton Barbara Ryan Christine ONeill kateislesmoretonbayqldgovau
stewartpentlandmoretonbayqldgovau Graeme Bolton Tess PickeringOptional AttendeesBen Caldwell Ian Wright
Booking Confirmation Your room booking has been accepted with the following booking confirmation details below Building 1 William Street (1WS) Floor 36 Room Meet 3614 Room Setup Meeting Room Info Number Attending 12 Date 12 May 2017 From 1100AM To 1230PM Booked By Cindy Walton Host Cindy Walton Booking ID148766 To Join the meeting please dial sip+61730272906qgaaadqldgovau Notes Recurrence Dates Note 1 If you have booked conferencing resources please cut and paste above meeting details to the Outlook meeting invitation and send update 2 For an audio connection users dial the number only 3 For video (Skype) connections users dial the full address
Organizer Anthony MartiniResources Room - Strathpine Room 2A
Good morning The venue for this meeting is Councilrsquos Strathpine office at 220 Gympie Road Strathpine Entrance to the office is via Customer Service in Hall Street where parking is available on street Upon arrival at customer service you will be asked to complete visitor paperwork and then escorted to meeting room 2A Should you have any queries regarding this meeting request please contact me as below Kind regards Ann Abbott Operations Coordinator Engineering Construction amp Maintenance Moreton Bay Regional Council Stage 3 220 Gympie Road Strathpine P 07 3480 6233 E annabbottmoretonbayqldgovau
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in this e-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are not a named recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legal privilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete all copies immediately and contact the sender to advise of the error It is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liability for loss or damage arising directly or indirectly from opening this email opening any attachments or any communication errors The views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 30 of 55
1
Anne Wood
Subject MBRC Location 1 William St Level 12 Room 1214
Shortly you will receive an email invite to enter 1 William st with instructions on what you will need to provide to
Concierge
I will meet your party in the foyer once you have signed in
Kind regards
Anne
Anne Wood AExecutive Assistant Planning and Development Services | Brisbane Department of State Development Manufacturing Infrastructure and Planning Level 13 1 William St Brisbane QLD 4000 p 07 3452 7115 | e annewooddilgpqldgovau
RTI1819-035-DSDMIP - Page 31 of 55
From Graeme BoltonTo Anthony MartiniCc Stewart Pentland Kerry Doss Megan BayntunSubject RE MBRC Planning Scheme Amendment Meeting 13062018Date Friday 22 June 2018 64200 PMAttachments image001png
Dear Tony Please accept my apologies for not being able to get back to you earlier today As indicated in mymessage I was unexpectedly tied up all afternoon in an emergent and urgent issue I have reviewed the provided table and support in principle the matters identified in column fourIn respect to the matters identified in column five I can understand and again support in theprinciple the need for additional changes However the extent of changes will need to satisfy thesignificantly different test This is something that the department and Minister cannot resolvefrom This may mean that the desired changes may need to be tempered with what can besupported at this point in time and further decisions made by the council in respect to the riskprofile and whether or not to proceed with particular elements In addition to the above we have examined a couple of mechanisms that may be open to theMinister in deciding the proposed amendment In short we are exploring (a) the ability to partrefuse and part approve subject to conditions or (b) to solely condition The key consideration isto ensure whatever recommendation is made to the Minister the eventual decision can withstandclose scrutiny In both options given the volume of changes we would be also recommending tothe Minister a closing condition that requires the council to submit the changed amendment forendorsement by the Chief Executive prior to adoption by the council Finally as discussed at our last meeting through the second state interest review the Departmentof Environment and Science (DES) identified concerns in relation to koala habitat and the WarnerInvestigation Area structure plan I have been chasing (and have not yet received) additionalinformation and mapping from DES in relation to this At this point in time we would be looking toinclude a condition addresses the protection of the remaining koala habitat I am hoping to getgreater clarity and certainty on this (in terms of scale and location) in the coming days I will give you a call on Monday to discuss Please do not hesitate to contact me in the interimshould you have questions or concerns Regards Graeme
Graeme BoltonExecutive Director Planning and Development ServicesPlanning GroupDepartment of State Development Manufacturing Infrastructure and Planning---------------------------------------------------------------------------------------------------------------------------------------------
P 07 3452 6741 MLevel 13 1 William Street Brisbane QLD 4000
RTI1819-035-DSDMIP - Page 32 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
Summary of Proposed Planning Scheme Amendment
MBRC policy end Current MBRC Planning Scheme
Advertised Proposed Planning Scheme
Amendment
Amended Proposed Planning Scheme
Amendment
Other necessary changes to achieve MBRC policy end
Substantial change
Warner growth area - o Enable conversion of existing
industryrural residential to transition to residential outcomes
o Conversion consistent with the SEQ Regional Plan identification of Warner for growth
Industry zone and rural residential surrounded by existing residential and main roads Preliminary approval (Variation) would involve - Impact assessment - Major non-compliance with the
assessment benchmarks
- Zone change to Emerging
Community - Overlay map - Structure
planned area - Level of assessment - Service Area - RAL Code
assessment No Service Area - RAL
Impact assessment
Changes - Delete reference to CIA - Delete reference to service area
non service area Result - No change to Overlay map -
Structure planned area - Level of Assessment - RAL
Code assessment
Strengthening of assessment benchmarks required in the Emerging Community Zone Code andor RAL Code - Emerging Community Zone to assist code assessment
No Maintain overlay map as advertised maintain Level of Assessment remove reference to CIA and remove reference to Service Area and Non-Service Area
Caboolture West growth area - (Area 1) - o Enable Area 1 to proceed to
development including residential and local centre
o Consistent with the SEQ Regional Planrsquos identification of Caboolture West as an expansion area
Preliminary approval (Variation) would involve - Impact assessment - Major non-compliance with the
assessment benchmarks without a Neighhourhood Development Plan for Area 1
- Area 1 - Overlay map -
Structure planned area - Level of assessment Service Area - RAL Code
assessment Non Service Area - RAL
Impact assessment
Changes - Delete reference to CIA - Delete reference to service area
non service area Result - No change to Overlay map -
Structure planned area - Level of assessment - RAL Code
assessment for SPA1
Strengthening of assessment benchmarks required in the Local Plan Zone Code andor RAL Code - Emerging Community Zone to assist code assessment
No Maintain overlay map as advertised maintain Level of Assessment remove reference to CIA remove reference to Service Area and Non-Service Area
Caboolture West growth area - (Balance of Caboolture West) - o Enable subsequent stages to
be structure planned and released through future scheme amendments
Preliminary approval (Variation) would involve - Impact assessment - Major non-compliance with the
assessment benchmarks without a Neighhourhood Development Plan for the relevant area
- Overlay map - Future Structure
plan area - Level of assessment - Impact assessment
Changes - Delete reference to CIA - Delete reference to service area
non service area Result - No change to Overlay map -
Future Structure plan area - Level of assessment - Impact
assessment
Revisit strategic framework to delete CIA and ensure strategic outcomes accurately reflect the future timing of these fronts
No Maintain overlay map as advertised remove reference to CIA Minor change to the strategic framework
Other growth areas to be structure planned and held subject to planning infrastructure requirements and financial obligations being determined o Morayfield o Burpengary east o Narangba east o Joyner
RAL application would involve - Code assessment - Major non-compliance with the
assessment benchmarks in the absence of integrated land use and infrastructure planning
MCU application would involve impact assessment
- Overlay Map - Future structure
planned area - Level of assessment - RAL
Impact assessment - Major non-compliance with the
assessment benchmarks in the absence of integrated land use and infrastructure planning including the strategic outcomes
Changes - Delete references to CIA in the
strategic framework - Delete references to service
area non service area Result - No change to Overlay map -
Future structure planned area
Revisit strategic framework to delete CIA and ensure strategic outcomes accurately reflect the future timing of these fronts
No Maintain overlay map as advertised maintain Level of Assessment and remove reference to CIA
MBRC policy end Current MBRC Planning
Scheme Advertised Proposed
Planning Scheme Amendment
Amended Proposed Planning Scheme
Amendment
Other necessary changes to achieve MBRC policy end
Substantial change
- No change to Level of assessment - RAL Impact assessment
Balance of Proposed Planning Scheme Amendment
Not applicable
Changes proposed (carports setbacks sheds etc)
No further changes to the proposed Planning Scheme Amendment as provided post consultation
Not applicable
Not applicable
PO Box 15009 City East QLD 4002wwwdsdmipqldgovau
From Stewart Pentland [mailtoStewartPentlandmoretonbayqldgovau] Sent Thursday 14 June 2018 1234 PMTo Kerry Doss ltKerryDossdsdmipqldgovaugt Graeme BoltonltGraemeBoltondsdmipqldgovaugt Megan Bayntun ltMeganBayntundsdmipqldgovaugtCc Anthony Martini ltAnthonyMartinimoretonbayqldgovaugtSubject MBRC Planning Scheme Amendment Meeting 13062018 Graeme Kerry and Megan Thank you for your time yesterday Tony and I found the meeting most useful As discussed and agreed in principle
1 Council would document a series of proposed changes to the existing Planning SchemeAmendment that responds to the States direction to remove reference to the CIA andassociated service area non-service area concepts (see attached)
2 Subject to an iterative process between the State and council this information would thenform the basis of a conditional approval of the current major scheme amendment amp
3 The existing amendment would then be finalised by way of a conditional approval consistentwith points 1 and 2 above ASAP
Please find attached a first draft table outlining what are considered to be the necessary changesto the current amendment We would welcome your thoughts on this so that we can continue todevelop its contents with you I note you indicated that for this approach to be utilised you would need to be comfortable thatthe type of changes proposed did not constitute a substantial change As a consequence we haveincluded a column (Substantial change) that includes our appraisal of each proposed change Againwe would welcome your thoughts on this matter also It would be good to progress this matter ASAP In doing so it would be appreciated if you couldadvise when you consider you may be able to provide a response to these initial draftrepresentations In the interim should you require anything further please let me know Regards Stewart PentlandDirectorPlanning and Economic DevelopmentMoreton Bay Regional Council2 Hasking Street Caboolture Qld 4510P 07 5433 2023M Email stewartpentlandmoretonbayqldgovauwwwmoretonbayqldgovau
RTI1819-035-DSDMIP - Page 33 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in this e-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are not anamed recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legalprivilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete all copiesimmediately and contact the sender to advise of the errorIt is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liability forloss or damage arising directly or indirectly from opening this email opening any attachments or any communication errorsThe views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 34 of 55
Summary of Proposed Planning Scheme Amendment
MBRC policy end Current MBRC Planning Scheme
Advertised Proposed Planning Scheme
Amendment
Amended Proposed Planning Scheme
Amendment
Other necessary changes to achieve MBRC policy end
Substantial change
Warner growth area - o Enable conversion of existing
industryrural residential to transition to residential outcomes
o Conversion consistent with the SEQ Regional Plan identification of Warner for growth
Industry zone and rural residential surrounded by existing residential and main roads Preliminary approval (Variation) would involve - Impact assessment - Major non-compliance with the
assessment benchmarks
- Zone change to Emerging
Community - Overlay map - Structure
planned area - Level of assessment - Service Area - RAL Code
assessment No Service Area - RAL
Impact assessment
Changes - Delete reference to CIA - Delete reference to service area
non service area Result - No change to Overlay map -
Structure planned area - Level of Assessment - RAL
Code assessment
Strengthening of assessment benchmarks required in the Emerging Community Zone Code andor RAL Code - Emerging Community Zone to assist code assessment
No Maintain overlay map as advertised maintain Level of Assessment remove reference to CIA and remove reference to Service Area and Non-Service Area
Caboolture West growth area - (Area 1) - o Enable Area 1 to proceed to
development including residential and local centre
o Consistent with the SEQ Regional Planrsquos identification of Caboolture West as an expansion area
Preliminary approval (Variation) would involve - Impact assessment - Major non-compliance with the
assessment benchmarks without a Neighhourhood Development Plan for Area 1
- Area 1 - Overlay map -
Structure planned area - Level of assessment Service Area - RAL Code
assessment Non Service Area - RAL
Impact assessment
Changes - Delete reference to CIA - Delete reference to service area
non service area Result - No change to Overlay map -
Structure planned area - Level of assessment - RAL Code
assessment for SPA1
Strengthening of assessment benchmarks required in the Local Plan Zone Code andor RAL Code - Emerging Community Zone to assist code assessment
No Maintain overlay map as advertised maintain Level of Assessment remove reference to CIA remove reference to Service Area and Non-Service Area
Caboolture West growth area - (Balance of Caboolture West) - o Enable subsequent stages to
be structure planned and released through future scheme amendments
Preliminary approval (Variation) would involve - Impact assessment - Major non-compliance with the
assessment benchmarks without a Neighhourhood Development Plan for the relevant area
- Overlay map - Future Structure
plan area - Level of assessment - Impact assessment
Changes - Delete reference to CIA - Delete reference to service area
non service area Result - No change to Overlay map -
Future Structure plan area - Level of assessment - Impact
assessment
Revisit strategic framework to delete CIA and ensure strategic outcomes accurately reflect the future timing of these fronts
No Maintain overlay map as advertised remove reference to CIA Minor change to the strategic framework
Other growth areas to be structure planned and held subject to planning infrastructure requirements and financial obligations being determined o Morayfield o Burpengary east o Narangba east o Joyner
RAL application would involve - Code assessment - Major non-compliance with the
assessment benchmarks in the absence of integrated land use and infrastructure planning
MCU application would involve impact assessment
- Overlay Map - Future structure
planned area - Level of assessment - RAL
Impact assessment - Major non-compliance with the
assessment benchmarks in the absence of integrated land use and infrastructure planning including the strategic outcomes
Changes - Delete references to CIA in the
strategic framework - Delete references to service
area non service area Result - No change to Overlay map -
Future structure planned area
Revisit strategic framework to delete CIA and ensure strategic outcomes accurately reflect the future timing of these fronts
No Maintain overlay map as advertised maintain Level of Assessment and remove reference to CIA
RTI1819-035-DSDMIP - Page 35 of 55
MBRC policy end Current MBRC Planning
Scheme Advertised Proposed
Planning Scheme Amendment
Amended Proposed Planning Scheme
Amendment
Other necessary changes to achieve MBRC policy end
Substantial change
- No change to Level of assessment - RAL Impact assessment
Balance of Proposed Planning Scheme Amendment
Not applicable
Changes proposed (carports setbacks sheds etc)
No further changes to the proposed Planning Scheme Amendment as provided post consultation
Not applicable
Not applicable
RTI1819-035-DSDMIP - Page 36 of 55
From Graeme BoltonTo Stewart Pentland Kerry Doss Megan BayntunCc Anthony MartiniSubject RE MBRC Planning Scheme Amendment Meeting 13062018Date Monday 18 June 2018 82200 AMAttachments image001png
image002jpg
Hi Stewart Thank you for providing the attached table and below information As per Kerryrsquos email we willreview and respond as soon as possible Regards Graeme
Graeme BoltonExecutive Director Planning and Development ServicesPlanning GroupDepartment of State Development Manufacturing Infrastructure and Planning---------------------------------------------------------------------------------------------------------------------------------------------
P 07 3452 6741 MLevel 13 1 William Street Brisbane QLD 4000PO Box 15009 City East QLD 4002wwwdsdmipqldgovau
From Stewart Pentland [mailtoStewartPentlandmoretonbayqldgovau] Sent Thursday 14 June 2018 1234 PMTo Kerry Doss ltKerryDossdsdmipqldgovaugt Graeme BoltonltGraemeBoltondsdmipqldgovaugt Megan Bayntun ltMeganBayntundsdmipqldgovaugtCc Anthony Martini ltAnthonyMartinimoretonbayqldgovaugtSubject MBRC Planning Scheme Amendment Meeting 13062018 Graeme Kerry and Megan Thank you for your time yesterday Tony and I found the meeting most useful As discussed and agreed in principle
1 Council would document a series of proposed changes to the existing Planning SchemeAmendment that responds to the States direction to remove reference to the CIA andassociated service area non-service area concepts (see attached)
2 Subject to an iterative process between the State and council this information would thenform the basis of a conditional approval of the current major scheme amendment amp
3 The existing amendment would then be finalised by way of a conditional approval consistentwith points 1 and 2 above ASAP
RTI1819-035-DSDMIP - Page 37 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
Please find attached a first draft table outlining what are considered to be the necessary changesto the current amendment We would welcome your thoughts on this so that we can continue todevelop its contents with you I note you indicated that for this approach to be utilised you would need to be comfortable thatthe type of changes proposed did not constitute a substantial change As a consequence we haveincluded a column (Substantial change) that includes our appraisal of each proposed change Againwe would welcome your thoughts on this matter also It would be good to progress this matter ASAP In doing so it would be appreciated if you couldadvise when you consider you may be able to provide a response to these initial draftrepresentations In the interim should you require anything further please let me know Regards Stewart PentlandDirectorPlanning and Economic DevelopmentMoreton Bay Regional Council2 Hasking Street Caboolture Qld 4510P 07 5433 2023M Email stewartpentlandmoretonbayqldgovauwwwmoretonbayqldgovau CCR3_email_signhr
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in this e-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are not anamed recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legalprivilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete all copiesimmediately and contact the sender to advise of the errorIt is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liability forloss or damage arising directly or indirectly from opening this email opening any attachments or any communication errorsThe views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 38 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
From Graeme BoltonTo Anthony MartiniCc Ann Abbott Stewart Pentland Kerry DossSubject RE Moreton Bay Regional Council - Amendment to Planning Scheme ProgressDate Tuesday 10 July 2018 65800 PMAttachments image001png
Good afternoon Tony Thank you for your email below I do apologise for not being able to take your call I was in ameeting and then subsequently on a teleconference when you phoned As discussed last week we met with DTMR officers who agreed to provide us with additionalinformation by tomorrow We greatly appreciate the councilrsquos willingness to work with the department to find a wayforward However given the complexity of the amendments it is not as easy as you portray tohave ldquoremoved the CIA and the servicenon service area referencesrdquo All we have at this point intime is a high level table with expressed intent To give effect to this intent involves significantchanges to the proposed amendment and carries a very high risk of unintended consequencesfor the operation of the planning scheme and potential lawfulness of the amendment I amextremely concerned about agreeing to something now only to find out after the Minister hasconditionally approved the amendment that the expressed intent cannot be delivered We are endeavouring to find a solution I will advise further once we have received theadditional information from DTMR Regards Graeme
Graeme BoltonExecutive Director Planning and Development ServicesPlanning GroupDepartment of State Development Manufacturing Infrastructure and Planning--------------------------------------------------------------- ---------------------------
P 07 3452 6741 MLevel 13 1 William Street Brisbane QLD 4000PO Box 15009 City East QLD 4002wwwdsdmipqldgovau
From Anthony Martini [mailtoAnthonyMartinimoretonbayqldgovau] Sent Tuesday 10 July 2018 108 PMTo Graeme Bolton ltGraemeBoltondsdmipqldgovaugtCc Ann Abbott ltAnnAbbottmoretonbayqldgovaugt Stewart PentlandltStewartPentlandmoretonbayqldgovaugt Kerry Doss ltKerryDossdsdmipqldgovaugtSubject Moreton Bay Regional Council - Amendment to Planning Scheme Progress
RTI1819-035-DSDMIP - Page 39 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
Hi Graeme Appreciate that you are busy however I have endeavoured to make contact with you over thepast few days for the purposes of understanding where we are at with regards to receiving apartial or full draft condition set to the amendment to the planning scheme It is nearly 4 weeks since we first met at which meeting MBRC offered to remove the CIA andservice areas non service areas from the amendment and provided shortly thereafter a tablesummary of these changes for further discussion and guidance for the State and MBRC to workthrough You have advised that these changes are agreed in principle You have also advised that thechanges need to be worked through I am in a position where I need some information from you as to what is occurring and when toprovide to the CEO and Mayor From MBRCrsquos perspective we have undertaken all that has beenasked of MBRC - removed the CIA and the servicenon service area references Is there anythingelse which MBRC needs to consider I await your advice Thanks Tony
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in thise-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are nota named recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legalprivilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete allcopies immediately and contact the sender to advise of the errorIt is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liabilityfor loss or damage arising directly or indirectly from opening this email opening any attachments or any communication errorsThe views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 40 of 55
From Graeme BoltonTo Anthony MartiniCc Stewart Pentland Kerry Doss Garth NolanSubject RE Update on draft conditionsDate Thursday 5 July 2018 30400 PMAttachments image001png
image002png
Hi Tony I appreciate your concerns and we are progressing this as fast as possible As you can alsohopefully appreciate the amendment in its own right is a very large and complex document Thechanges being proposed are not unsubstantial and have multiple unintended consequencesmany of which have the potential to adversely affect matters of state interest As such we aretrying to resolve these to an acceptable level (for the state) before sharing these with you I will forward these to you as soon as possible Regards Graeme
Graeme BoltonExecutive Director Planning and Development ServicesPlanning GroupDepartment of State Development Manufacturing Infrastructure and Planning---------------------------------------------------------------------------------------------------------------------------------------------
P 07 3452 6741 MLevel 13 1 William Street Brisbane QLD 4000PO Box 15009 City East QLD 4002wwwdsdmipqldgovau
From Anthony Martini [mailtoAnthonyMartinimoretonbayqldgovau] Sent Tuesday 3 July 2018 543 PMTo Graeme Bolton ltGraemeBoltondsdmipqldgovaugtCc Stewart Pentland ltStewartPentlandmoretonbayqldgovaugt Kerry DossltKerryDossdsdmipqldgovaugt Garth Nolan ltGarthNolandsdmipqldgovaugtSubject RE Update on draft conditions Hi Graeme Thank you for the update It would be good to catch up sooner rather than later as it is fast approaching 3 weeks since ourinitial meeting I can advise that the Mayor sought advice from me as to where the amendmentwas at - as I had advised him 10 days ago that a draft set was to be available with a day or so As discussed our preference is to collaboratively work on the content of the draft conditions Itwould be appreciated if you could send through the balance of the approval and conditions now
RTI1819-035-DSDMIP - Page 41 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
this will enable us to get the process moving Thanks Tony
From Graeme Bolton [mailtoGraemeBoltondsdmipqldgovau] Sent Tuesday 3 July 2018 307 PMTo Anthony Martini ltAnthonyMartinimoretonbayqldgovaugtCc Stewart Pentland ltStewartPentlandmoretonbayqldgovaugt Kerry DossltKerryDossdsdmipqldgovaugt Garth Nolan ltGarthNolandsdmipqldgovaugtSubject Update on draft conditions Hi Tony As previously advised I met with senior officers from DTMR today to discuss some concernstheyrsquove raised in respect to conditioning the proposed amendment I believe we have a wayforward and DTMR are working on a couple of options as a matter of priority I am expecting tohave something back from DTMR mid next week We will continue to work closely with them totry and get something out sooner As previously discussed we will share the draft conditions once we are satisfied with them Wewould be happy to work with you to ensure they are workable from councilrsquos perspective Regards Graeme
Graeme BoltonExecutive Director Planning and Development ServicesPlanning GroupDepartment of State Development Manufacturing Infrastructure and Planning---------------------------------------------------------------- -------------------------------
P 07 3452 6741 MLevel 13 1 William Street Brisbane QLD 4000PO Box 15009 City East QLD 4002wwwdsdmipqldgovau
This email and any attachments may contain confidential or privileged information and may be protected by copyright Youmust not use or disclose them other than for the purposes for which they were supplied The confidentiality and privilegeattached to this message and attachment is not waived by reason of mistaken delivery to you If you are not the intendedrecipient you must not use disclose retain forward or reproduce this message or any attachments If you receive thismessage in error please notify the sender by return email or telephone and destroy and delete all copies The Departmentdoes not accept any responsibility for any loss or damage that may result from reliance on or use of any informationcontained in this email andor attachments
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in this
e-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are not
RTI1819-035-DSDMIP - Page 42 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
a named recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legal
privilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete all
copies immediately and contact the sender to advise of the error
It is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liability
for loss or damage arising directly or indirectly from opening this email opening any attachments or any communication errors
The views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 43 of 55
RTI1819-035-DSDMIP - Page 44 of 55
RTI1819-035-DSDMIP - Page 45 of 55
RTI1819-035-DSDMIP - Page 46 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
RTI1819-035-DSDMIP - Page 47 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
RTI1819-035-DSDMIP - Page 48 of 55
RTI1819-035-DSDMIP - Page 49 of 55
RTI1819-035-DSDMIP - Page 50 of 55
RTI1819-035-DSDMIP - Page 51 of 55
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Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
RTI1819-035-DSDMIP - Page 53 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in this e-mail and any
attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are not a named recipient any use of this
information including copying distribution and publication is prohibited Confidentiality and legal privilege are not waived or lost as a result of mistaken or
erroneous delivery If you are not a named recipient please delete all copies immediately and contact the sender to advise of the error
It is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liability for loss or damage
arising directly or indirectly from opening this email opening any attachments or any communication errors
The views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 3 of 55
Phone (07) 5433 2073
Our Ref A16988781
Date 31 May 2018
RTI1819-035-DSDMIP - Page 4 of 55
Irrelevant information deleted under section 73 of the RTI Act
RTI1819-035-DSDMIP - Page 5 of 55
Irrelevant information deleted under section 73 of the RTI Act
1
Anne Wood
From Anthony Martini ltAnthonyMartinimoretonbayqldgovaugtSent Friday 27 July 2018 516 PMTo Kerry Doss Graeme BoltonSubject Contact details
Hi folks Look forward to receiving your letter As advised we briefed the Council yesterday following our meeting The Council is expecting a further briefing next Tuesday Thanks Tony M E Anthonymartinimoretonbayqldgovau
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in this e-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are not a named recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legal privilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete all copies immediately and contact the sender to advise of the error It is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liability for loss or damage arising directly or indirectly from opening this email opening any attachments or any communication errors The views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 6 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
1
Anne Wood
From Stewart Pentland ltStewartPentlandmoretonbayqldgovaugtSent Thursday 14 June 2018 1234 PMTo Kerry Doss Graeme Bolton Megan BayntunCc Anthony MartiniSubject MBRC Planning Scheme Amendment Meeting 13062018Attachments 130608 Revised Proposed MBRC Planning Scheme Amendment (002)pdf
Graeme Kerry and Megan Thank you for your time yesterday Tony and I found the meeting most useful As discussed and agreed in principle
1 Council would document a series of proposed changes to the existing Planning Scheme Amendment that responds to the States direction to remove reference to the CIA and associated service area non‐service area concepts (see attached)
2 Subject to an iterative process between the State and council this information would then form the basis of a conditional approval of the current major scheme amendment amp
3 The existing amendment would then be finalised by way of a conditional approval consistent with points 1 and 2 above ASAP
Please find attached a first draft table outlining what are considered to be the necessary changes to the current amendment We would welcome your thoughts on this so that we can continue to develop its contents with you I note you indicated that for this approach to be utilised you would need to be comfortable that the type of changes proposed did not constitute a substantial change As a consequence we have included a column (Substantial change) that includes our appraisal of each proposed change Again we would welcome your thoughts on this matter also It would be good to progress this matter ASAP In doing so it would be appreciated if you could advise when you consider you may be able to provide a response to these initial draft representations In the interim should you require anything further please let me know Regards Stewart Pentland Director Planning and Economic Development Moreton Bay Regional Council 2 Hasking Street Caboolture Qld 4510 P 07 5433 2023 M Email stewartpentlandmoretonbayqldgovau wwwmoretonbayqldgovau
RTI1819-035-DSDMIP - Page 7 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
2
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in this e-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are not a named recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legal privilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete all copies immediately and contact the sender to advise of the error It is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liability for loss or damage arising directly or indirectly from opening this email opening any attachments or any communication errors The views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 8 of 55
Summary of Proposed Planning Scheme Amendment
MBRC policy end Current MBRC Planning Scheme
Advertised Proposed Planning Scheme
Amendment
Amended Proposed Planning Scheme
Amendment
Other necessary changes to achieve MBRC policy end
Substantial change
Warner growth area - o Enable conversion of existing
industryrural residential to transition to residential outcomes
o Conversion consistent with the SEQ Regional Plan identification of Warner for growth
Industry zone and rural residential surrounded by existing residential and main roads Preliminary approval (Variation) would involve - Impact assessment - Major non-compliance with the
assessment benchmarks
- Zone change to Emerging
Community - Overlay map - Structure
planned area - Level of assessment - Service Area - RAL Code
assessment No Service Area - RAL
Impact assessment
Changes - Delete reference to CIA - Delete reference to service area
non service area Result - No change to Overlay map -
Structure planned area - Level of Assessment - RAL
Code assessment
Strengthening of assessment benchmarks required in the Emerging Community Zone Code andor RAL Code - Emerging Community Zone to assist code assessment
No Maintain overlay map as advertised maintain Level of Assessment remove reference to CIA and remove reference to Service Area and Non-Service Area
Caboolture West growth area - (Area 1) - o Enable Area 1 to proceed to
development including residential and local centre
o Consistent with the SEQ Regional Planrsquos identification of Caboolture West as an expansion area
Preliminary approval (Variation) would involve - Impact assessment - Major non-compliance with the
assessment benchmarks without a Neighhourhood Development Plan for Area 1
- Area 1 - Overlay map -
Structure planned area - Level of assessment Service Area - RAL Code
assessment Non Service Area - RAL
Impact assessment
Changes - Delete reference to CIA - Delete reference to service area
non service area Result - No change to Overlay map -
Structure planned area - Level of assessment - RAL Code
assessment for SPA1
Strengthening of assessment benchmarks required in the Local Plan Zone Code andor RAL Code - Emerging Community Zone to assist code assessment
No Maintain overlay map as advertised maintain Level of Assessment remove reference to CIA remove reference to Service Area and Non-Service Area
Caboolture West growth area - (Balance of Caboolture West) - o Enable subsequent stages to
be structure planned and released through future scheme amendments
Preliminary approval (Variation) would involve - Impact assessment - Major non-compliance with the
assessment benchmarks without a Neighhourhood Development Plan for the relevant area
- Overlay map - Future Structure
plan area - Level of assessment - Impact assessment
Changes - Delete reference to CIA - Delete reference to service area
non service area Result - No change to Overlay map -
Future Structure plan area - Level of assessment - Impact
assessment
Revisit strategic framework to delete CIA and ensure strategic outcomes accurately reflect the future timing of these fronts
No Maintain overlay map as advertised remove reference to CIA Minor change to the strategic framework
Other growth areas to be structure planned and held subject to planning infrastructure requirements and financial obligations being determined o Morayfield o Burpengary east o Narangba east o Joyner
RAL application would involve - Code assessment - Major non-compliance with the
assessment benchmarks in the absence of integrated land use and infrastructure planning
MCU application would involve impact assessment
- Overlay Map - Future structure
planned area - Level of assessment - RAL
Impact assessment - Major non-compliance with the
assessment benchmarks in the absence of integrated land use and infrastructure planning including the strategic outcomes
Changes - Delete references to CIA in the
strategic framework - Delete references to service
area non service area Result - No change to Overlay map -
Future structure planned area
Revisit strategic framework to delete CIA and ensure strategic outcomes accurately reflect the future timing of these fronts
No Maintain overlay map as advertised maintain Level of Assessment and remove reference to CIA
RTI1819-035-DSDMIP - Page 9 of 55
MBRC policy end Current MBRC Planning
Scheme Advertised Proposed
Planning Scheme Amendment
Amended Proposed Planning Scheme
Amendment
Other necessary changes to achieve MBRC policy end
Substantial change
- No change to Level of assessment - RAL Impact assessment
Balance of Proposed Planning Scheme Amendment
Not applicable
Changes proposed (carports setbacks sheds etc)
No further changes to the proposed Planning Scheme Amendment as provided post consultation
Not applicable
Not applicable
RTI1819-035-DSDMIP - Page 10 of 55
1
Anne Wood
From Anthony Martini ltAnthonyMartinimoretonbayqldgovaugtSent Tuesday 10 July 2018 108 PMTo Graeme BoltonCc Ann Abbott Stewart Pentland Kerry DossSubject Moreton Bay Regional Council - Amendment to Planning Scheme Progress
Hi Graeme Appreciate that you are busy however I have endeavoured to make contact with you over the past few days for the purposes of understanding where we are at with regards to receiving a partial or full draft condition set to the amendment to the planning scheme It is nearly 4 weeks since we first met at which meeting MBRC offered to remove the CIA and service areas non service areas from the amendment and provided shortly thereafter a table summary of these changes for further discussion and guidance for the State and MBRC to work through You have advised that these changes are agreed in principle You have also advised that the changes need to be worked through I am in a position where I need some information from you as to what is occurring and when to provide to the CEO and Mayor From MBRCrsquos perspective we have undertaken all that has been asked of MBRC ‐ removed the CIA and the servicenon service area references Is there anything else which MBRC needs to consider I await your advice Thanks Tony
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in this e-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are not a named recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legal privilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete all copies immediately and contact the sender to advise of the error It is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liability for loss or damage arising directly or indirectly from opening this email opening any attachments or any communication errors The views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 11 of 55
1
Anne Wood
From Anthony Martini ltAnthonyMartinimoretonbayqldgovaugtSent Tuesday 17 July 2018 234 PMTo Graeme BoltonCc Ann Abbott Kerry Doss Stewart PentlandSubject Planning Scheme Amendment
Hi Graeme I have sought not to bother you this past week with requests for updates Stewart and I are briefing the Council next Tuesday as to the current status of MBRCrsquos planning scheme amendment Can you please advise where the State is at by this Friday such that the information we provide the Council is current Have you received information you sought from DTMR last Wednesday I await your advice Thanks Tony
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in this e-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are not a named recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legal privilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete all copies immediately and contact the sender to advise of the error It is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liability for loss or damage arising directly or indirectly from opening this email opening any attachments or any communication errors The views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 12 of 55
1
Anne Wood
From Kerry DossSent Friday 27 July 2018 551 PMTo Anthony MartiniCc Graeme BoltonSubject RE Contact detailsAttachments DDG letter to Anthony Martinipdf
Hi Anthony Letter as requested Please feel free to call should you require any clarification regards
Kerry Doss Deputy Director‐General Planning Group Department of State Development Manufacturing Infrastructure and Planning ---------------------------------------------------------------------------------------------------------------------------------------------
P 07 3452 7909 ME kerrydossdsdmipqldgovau Level 13 1 William Street Brisbane QLD 4000 PO Box 15009 City East QLD 4002 wwwdsdmipqldgovau
From Anthony Martini ltAnthonyMartinimoretonbayqldgovaugt Sent Friday 27 July 2018 516 PM To Kerry Doss ltKerryDossdsdmipqldgovaugt Graeme Bolton ltGraemeBoltondsdmipqldgovaugt Subject Contact details Hi folks Look forward to receiving your letter As advised we briefed the Council yesterday following our meeting The Council is expecting a further briefing next Tuesday Thanks Tony ME Anthonymartinimoretonbayqldgovau
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in this e-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are not a named recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legal privilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete all copies immediately and contact the sender to advise of the error It is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liability for loss or damage arising directly or indirectly from opening this email opening any attachments or any communication errors The views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 13 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
Our ref OUT185247
27 July 2018 Mr Anthony Martini Deputy CEO Director Engineering Construction and Maintenance Moreton Bay Regional Council PO Box 159 CABOOLTURE QLD 4510 Dear Anthony I refer to the 26 July 2018 meeting between yourself Mr Stewart Pentland Mr Graeme Bolton and myself to discuss the proposed Major Amendment 2 (the proposed amendment) to the Moreton Bay Regional Council (the council) planning scheme As you are aware the department has assessed the proposed amendment and cannot support a recommendation to approve the proposed amendment due to the proposed Coordinating Infrastructure Agreement associated provisions (the CIA) and outstanding matters of state interest It was agreed that the Department of State Development Manufacturing Infrastructure and Planning (the department) would consider if it could support approving the proposed amendment subject to conditions to enable the minor elements not associated with structure planning and the CIA to proceed It was understood that these minor elements related to provisions such as development code requirements (eg setback provisions for carports) various overlay maps (eg the walking distance map) and codes and various minor provisions (eg animal husbandry) In particular it was understood that this did not include elements relating to the CIA including structure planned areas which are contingent on the CIA provisions Notwithstanding this understanding the department agreed that it would consider a broader range of changes as proposed in Mr Pentlandrsquos email of 14 June 2018 As discussed at our 26 July 2018 meeting the department has undertaken investigations and has concluded it cannot support a recommendation to approve the proposed amendment subject to conditions This is based on matters of state interest relating to transport infrastructure biodiversity values and the consideration of the significantly different test
RTI1819-035-DSDMIP - Page 14 of 55
Page 2 of 2
As discussed there a number of options available to the council 1 The council formally resolves and withdraws the proposed amendment and
commences a new amendment process As discussed the department would be highly supportive of utilising section 18 of the Planning Act 2016 to create a tailored amendment process (that does not require further public consultation) for the minor elements and a second tailored process (potentially requiring further public consultation) for the structure planning elements of the proposed amendment
OR 2 The council formally places the amendment process on hold and resubmits a
revised version of the proposed amendment Please note that should the council choose this option it will need to satisfy itself that the changes made do not result in a significantly different version of the proposed amendment than the version that underwent public consultation Please be advised that the Planning Minister in addition to the council will also need to be satisfied that the changes made do not result in a significantly different version of the proposed amendment then that which underwent public consultation The department is of the view (noting that it has not seen any possible changes) that it is highly likely that any changes made in respect to removing the CIA from the proposed amendment will be likely to result in a significantly different version
OR 3 The Planning Minister considers and decides the proposed amendment in its
current form
As discussed in respect to options 1 and 2 above the department is strongly supportive of coordinating the input of the Department of Transport and Main Roads and the Department of Environment and Science to resolve the outstanding matters of state interest It would be greatly appreciated if the council could formally advise the department of its preferred option by close of business on Friday 10 August 2018 If no advice has been received by this date the department will progress the proposed amendment for the Planning Ministerrsquos considers and decision in its current form If you require any further information please contact Mr Graeme Bolton Executive Director Planning Group Department of State Development Manufacturing Infrastructure and Planning on (07) 3452 6741 or Graemeboltondsdmipqldgovau who will be pleased to assist Yours sincerely
Kerry Doss Deputy Director-General
RTI1819-035-DSDMIP - Page 15 of 55
1
Anne Wood
From Kerry DossSent Saturday 16 June 2018 1034 AMTo Stewart Pentland Graeme Bolton Megan BayntunCc Anthony MartiniSubject Re MBRC Planning Scheme Amendment Meeting 13062018
Thanks Stuart We will consider and come back to you Regards Kerry Doss Kerry Doss Deputy Director‐General Planning Group Department of State Development Manufacturing Infrastructure amp Planning P 07 3452 7909 ME kerry dossdsdmip qldgovau
From Stewart Pentland ltStewartPentlandmoretonbayqldgovaugt Sent Thursday June 14 2018 123348 PM To Kerry Doss Graeme Bolton Megan Bayntun Cc Anthony Martini Subject MBRC Planning Scheme Amendment Meeting 13062018 Graeme Kerry and Megan Thank you for your time yesterday Tony and I found the meeting most useful As discussed and agreed in principle
1 Council would document a series of proposed changes to the existing Planning Scheme Amendment that responds to the States direction to remove reference to the CIA and associated service area non‐service area concepts (see attached)
2 Subject to an iterative process between the State and council this information would then form the basis of a conditional approval of the current major scheme amendment amp
3 The existing amendment would then be finalised by way of a conditional approval consistent with points 1 and 2 above ASAP
Please find attached a first draft table outlining what are considered to be the necessary changes to the current amendment We would welcome your thoughts on this so that we can continue to develop its contents with you I note you indicated that for this approach to be utilised you would need to be comfortable that the type of changes proposed did not constitute a substantial change As a consequence we have included a column (Substantial change) that includes our appraisal of each proposed change Again we would welcome your thoughts on this matter also It would be good to progress this matter ASAP In doing so it would be appreciated if you could advise when you consider you may be able to provide a response to these initial draft representations In the interim should you require anything further please let me know
RTI1819-035-DSDMIP - Page 16 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
2
Regards Stewart Pentland Director Planning and Economic Development Moreton Bay Regional Council 2 Hasking Street Caboolture Qld 4510 P 07 5433 2023 MEmail stewartpentlandmoretonbayqldgovau wwwmoretonbayqldgovau
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in this e-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are not a named recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legal privilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete all copies immediately and contact the sender to advise of the error It is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liability for loss or damage arising directly or indirectly from opening this email opening any attachments or any communication errors The views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 17 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
1
Anne Wood
From Stewart Pentland ltStewartPentlandmoretonbayqldgovaugtSent Tuesday 10 July 2018 839 PMTo Graeme BoltonCc Anthony Martini Ann Abbott Kerry DossSubject Re Moreton Bay Regional Council - Amendment to Planning Scheme Progress
Graeme I am concerned your response is straying from what council understood to be our agreement It is important from Councils perspective that the conditions are developed collaboratively Once agreement has been achieved on the conditions content they would then be finalised This was our agreement as we understood it Beyond this it is Councils responsibility to then amend its own scheme and then collaborate with the state on the proposed changes that respond to your conditions As previously discussed and agreed this would occur through a tracked change version of the scheme that we would iterate with you until agreement had been achieved Our appraisal is that those sections of the scheme included in the lsquohigh level tablersquo will be those sections of the scheme that require amendment If the above is no longer the agreement please confirm ASAP Regards Stewart
Sent from SWP iPhone On 10 Jul 2018 at 658 pm Graeme Bolton ltGraemeBoltondsdmipqldgovaugt wrote
Good afternoon Tony Thank you for your email below I do apologise for not being able to take your call I was in a meeting and then subsequently on a teleconference when you phoned As discussed last week we met with DTMR officers who agreed to provide us with additional information by tomorrow We greatly appreciate the councilrsquos willingness to work with the department to find a way forward However given the complexity of the amendments it is not as easy as you portray to have ldquoremoved the CIA and the servicenon service area referencesrdquo All we have at this point in time is a high level table with expressed intent To give effect to this intent involves significant changes to the proposed amendment and carries a very high risk of unintended consequences for the operation of the planning scheme and potential lawfulness of the amendment I am extremely concerned about agreeing to something now only to find out after the Minister has conditionally approved the amendment that the expressed intent cannot be delivered We are endeavouring to find a solution I will advise further once we have received the additional information from DTMR Regards Graeme
RTI1819-035-DSDMIP - Page 18 of 55
2
ltimage001pnggt Graeme Bolton Executive Director Planning and Development Services Planning Group Department of State Development Manufacturing Infrastructure and Planning --------------------------------------------------------------------------------------------------------------------------------------------- P 07 3452 6741 MLevel 13 1 William Street Brisbane QLD 4000 PO Box 15009 City East QLD 4002 wwwdsdmipqldgovau
From Anthony Martini [mailtoAnthonyMartinimoretonbayqldgovau] Sent Tuesday 10 July 2018 108 PM To Graeme Bolton ltGraemeBoltondsdmipqldgovaugt Cc Ann Abbott ltAnnAbbottmoretonbayqldgovaugt Stewart Pentland ltStewartPentlandmoretonbayqldgovaugt Kerry Doss ltKerryDossdsdmipqldgovaugt Subject Moreton Bay Regional Council ‐ Amendment to Planning Scheme Progress Hi Graeme Appreciate that you are busy however I have endeavoured to make contact with you over the past few days for the purposes of understanding where we are at with regards to receiving a partial or full draft condition set to the amendment to the planning scheme It is nearly 4 weeks since we first met at which meeting MBRC offered to remove the CIA and service areas non service areas from the amendment and provided shortly thereafter a table summary of these changes for further discussion and guidance for the State and MBRC to work through You have advised that these changes are agreed in principle You have also advised that the changes need to be worked through I am in a position where I need some information from you as to what is occurring and when to provide to the CEO and Mayor From MBRCrsquos perspective we have undertaken all that has been asked of MBRC ‐ removed the CIA and the servicenon service area references Is there anything else which MBRC needs to consider I await your advice Thanks Tony
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in this e-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are not a named recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legal privilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete all copies immediately and contact the sender to advise of the error It is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liability for loss or damage arising directly or indirectly from opening this email opening any attachments or any communication errors The views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 19 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in this e-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are not a named recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legal privilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete all copies immediately and contact the sender to advise of the error It is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liability for loss or damage arising directly or indirectly from opening this email opening any attachments or any communication errors The views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 20 of 55
1
Anne Wood
From Anthony Martini ltAnthonyMartinimoretonbayqldgovaugtSent Tuesday 3 July 2018 543 PMTo Graeme BoltonCc Stewart Pentland Kerry Doss Garth NolanSubject RE Update on draft conditions
Hi Graeme
Thank you for the update
It would be good to catch up sooner rather than later as it is fast approaching 3 weeks since our initial meeting I
can advise that the Mayor sought advice from me as to where the amendment was at ‐ as I had advised him 10 days
ago that a draft set was to be available with a day or so
As discussed our preference is to collaboratively work on the content of the draft conditions It would be
appreciated if you could send through the balance of the approval and conditions now this will enable us to get the
process moving
Thanks
Tony
From Graeme Bolton [mailtoGraemeBoltondsdmipqldgovau] Sent Tuesday 3 July 2018 307 PM To Anthony Martini ltAnthonyMartinimoretonbayqldgovaugt Cc Stewart Pentland ltStewartPentlandmoretonbayqldgovaugt Kerry Doss ltKerryDossdsdmipqldgovaugt Garth Nolan ltGarthNolandsdmipqldgovaugt Subject Update on draft conditions
Hi Tony
As previously advised I met with senior officers from DTMR today to discuss some concerns theyrsquove raised in
respect to conditioning the proposed amendment I believe we have a way forward and DTMR are working on a
couple of options as a matter of priority I am expecting to have something back from DTMR mid next week We will
continue to work closely with them to try and get something out sooner
As previously discussed we will share the draft conditions once we are satisfied with them We would be happy to
work with you to ensure they are workable from councilrsquos perspective Regards Graeme
RTI1819-035-DSDMIP - Page 21 of 55
2
Graeme Bolton Executive Director Planning and Development Services Planning Group Department of State Development Manufacturing Infrastructure and Planning ---------------------------------------------------------------------------------------------------------------------------------------------
P 07 3452 6741 MLevel 13 1 William Street Brisbane QLD 4000 PO Box 15009 City East QLD 4002 wwwdsdmipqldgovau
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in this e-mail and any
attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are not a named recipient any use of this
information including copying distribution and publication is prohibited Confidentiality and legal privilege are not waived or lost as a result of mistaken or
erroneous delivery If you are not a named recipient please delete all copies immediately and contact the sender to advise of the error
It is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liability for loss or damage
arising directly or indirectly from opening this email opening any attachments or any communication errors
The views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 22 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
From Anthony MartiniTo Graeme BoltonCc Stewart Pentland Kerry Doss Megan BayntunSubject RE MBRC Planning Scheme Amendment Meeting 13062018Date Monday 25 June 2018 80656 AMAttachments image002png
Hi Graeme As per texts over the weekend - Stewart and I will see you from 1030am this morning Thanks Tony
From Graeme Bolton [mailtoGraemeBoltondsdmipqldgovau] Sent Friday 22 June 2018 643 PMTo Anthony Martini ltAnthonyMartinimoretonbayqldgovaugtCc Stewart Pentland ltStewartPentlandmoretonbayqldgovaugt Kerry DossltKerryDossdsdmipqldgovaugt Megan Bayntun ltMeganBayntundsdmipqldgovaugtSubject RE MBRC Planning Scheme Amendment Meeting 13062018 Dear Tony Please accept my apologies for not being able to get back to you earlier today As indicated in mymessage I was unexpectedly tied up all afternoon in an emergent and urgent issue I have reviewed the provided table and support in principle the matters identified in column fourIn respect to the matters identified in column five I can understand and again support in theprinciple the need for additional changes However the extent of changes will need to satisfy thesignificantly different test This is something that the department and Minister cannot resolvefrom This may mean that the desired changes may need to be tempered with what can besupported at this point in time and further decisions made by the council in respect to the riskprofile and whether or not to proceed with particular elements In addition to the above we have examined a couple of mechanisms that may be open to theMinister in deciding the proposed amendment In short we are exploring (a) the ability to partrefuse and part approve subject to conditions or (b) to solely condition The key consideration isto ensure whatever recommendation is made to the Minister the eventual decision can withstandclose scrutiny In both options given the volume of changes we would be also recommending tothe Minister a closing condition that requires the council to submit the changed amendment forendorsement by the Chief Executive prior to adoption by the council Finally as discussed at our last meeting through the second state interest review the Departmentof Environment and Science (DES) identified concerns in relation to koala habitat and the WarnerInvestigation Area structure plan I have been chasing (and have not yet received) additionalinformation and mapping from DES in relation to this At this point in time we would be looking toinclude a condition addresses the protection of the remaining koala habitat I am hoping to getgreater clarity and certainty on this (in terms of scale and location) in the coming days
RTI1819-035-DSDMIP - Page 23 of 55
I will give you a call on Monday to discuss Please do not hesitate to contact me in the interimshould you have questions or concerns Regards Graeme
Graeme BoltonExecutive Director Planning and Development ServicesPlanning GroupDepartment of State Development Manufacturing Infrastructure and Planning---------------------------------------------------------------------------------------------------------------------------------------------
P 07 3452 6741 MLevel 13 1 William Street Brisbane QLD 4000PO Box 15009 City East QLD 4002wwwdsdmipqldgovau
From Stewart Pentland [mailtoStewartPentlandmoretonbayqldgovau] Sent Thursday 14 June 2018 1234 PMTo Kerry Doss ltKerryDossdsdmipqldgovaugt Graeme BoltonltGraemeBoltondsdmipqldgovaugt Megan Bayntun ltMeganBayntundsdmipqldgovaugtCc Anthony Martini ltAnthonyMartinimoretonbayqldgovaugtSubject MBRC Planning Scheme Amendment Meeting 13062018 Graeme Kerry and Megan Thank you for your time yesterday Tony and I found the meeting most useful As discussed and agreed in principle
1 Council would document a series of proposed changes to the existing Planning SchemeAmendment that responds to the States direction to remove reference to the CIA andassociated service area non-service area concepts (see attached)
2 Subject to an iterative process between the State and council this information would thenform the basis of a conditional approval of the current major scheme amendment amp
3 The existing amendment would then be finalised by way of a conditional approval consistentwith points 1 and 2 above ASAP
Please find attached a first draft table outlining what are considered to be the necessary changesto the current amendment We would welcome your thoughts on this so that we can continue todevelop its contents with you I note you indicated that for this approach to be utilised you would need to be comfortable thatthe type of changes proposed did not constitute a substantial change As a consequence we haveincluded a column (Substantial change) that includes our appraisal of each proposed change Againwe would welcome your thoughts on this matter also
RTI1819-035-DSDMIP - Page 24 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
It would be good to progress this matter ASAP In doing so it would be appreciated if you couldadvise when you consider you may be able to provide a response to these initial draftrepresentations In the interim should you require anything further please let me know Regards Stewart PentlandDirectorPlanning and Economic DevelopmentMoreton Bay Regional Council2 Hasking Street Caboolture Qld 4510P 07 5433 2023MEmail stewartpentlandmoretonbayqldgovauwwwmoretonbayqldgovau
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in this e-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are not anamed recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legalprivilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete all copiesimmediately and contact the sender to advise of the errorIt is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liability forloss or damage arising directly or indirectly from opening this email opening any attachments or any communication errorsThe views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
This email and any attachments may contain confidential or privileged information and may be protected by copyright Youmust not use or disclose them other than for the purposes for which they were supplied The confidentiality and privilegeattached to this message and attachment is not waived by reason of mistaken delivery to you If you are not the intendedrecipient you must not use disclose retain forward or reproduce this message or any attachments If you receive this messagein error please notify the sender by return email or telephone and destroy and delete all copies The Department does notaccept any responsibility for any loss or damage that may result from reliance on or use of any information contained in thisemail andor attachments
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in this e-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are not anamed recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legalprivilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete all copiesimmediately and contact the sender to advise of the errorIt is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liability forloss or damage arising directly or indirectly from opening this email opening any attachments or any communication errorsThe views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 25 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
From Anthony MartiniTo Graeme BoltonCc Ann Abbott Stewart Pentland Kerry DossSubject RE Moreton Bay Regional Council - Amendment to Planning Scheme ProgressDate Wednesday 11 July 2018 114220 AMAttachments image002png
Thank you for your e-mail Graeme I look forward to your further advices re this matter My reference to timing was based upon advice provided 2 weeks ago at a meeting betweenMBRC and the State that MBRC was to receive a draft condition set the following day Thanks Tony
From Graeme Bolton [mailtoGraemeBoltondsdmipqldgovau] Sent Tuesday 10 July 2018 658 PMTo Anthony Martini ltAnthonyMartinimoretonbayqldgovaugtCc Ann Abbott ltAnnAbbottmoretonbayqldgovaugt Stewart PentlandltStewartPentlandmoretonbayqldgovaugt Kerry Doss ltKerryDossdsdmipqldgovaugtSubject RE Moreton Bay Regional Council - Amendment to Planning Scheme Progress Good afternoon Tony Thank you for your email below I do apologise for not being able to take your call I was in ameeting and then subsequently on a teleconference when you phoned As discussed last week we met with DTMR officers who agreed to provide us with additionalinformation by tomorrow We greatly appreciate the councilrsquos willingness to work with the department to find a wayforward However given the complexity of the amendments it is not as easy as you portray tohave ldquoremoved the CIA and the servicenon service area referencesrdquo All we have at this point intime is a high level table with expressed intent To give effect to this intent involves significantchanges to the proposed amendment and carries a very high risk of unintended consequencesfor the operation of the planning scheme and potential lawfulness of the amendment I amextremely concerned about agreeing to something now only to find out after the Minister hasconditionally approved the amendment that the expressed intent cannot be delivered We are endeavouring to find a solution I will advise further once we have received theadditional information from DTMR Regards Graeme
RTI1819-035-DSDMIP - Page 26 of 55
Graeme BoltonExecutive Director Planning and Development ServicesPlanning GroupDepartment of State Development Manufacturing Infrastructure and Planning---------------------------------------------------------------------------------------------------------------------------------------------
P 07 3452 6741 MLevel 13 1 William Street Brisbane QLD 4000PO Box 15009 City East QLD 4002wwwdsdmipqldgovau
From Anthony Martini [mailtoAnthonyMartinimoretonbayqldgovau] Sent Tuesday 10 July 2018 108 PMTo Graeme Bolton ltGraemeBoltondsdmipqldgovaugtCc Ann Abbott ltAnnAbbottmoretonbayqldgovaugt Stewart PentlandltStewartPentlandmoretonbayqldgovaugt Kerry Doss ltKerryDossdsdmipqldgovaugtSubject Moreton Bay Regional Council - Amendment to Planning Scheme Progress Hi Graeme Appreciate that you are busy however I have endeavoured to make contact with you over thepast few days for the purposes of understanding where we are at with regards to receiving apartial or full draft condition set to the amendment to the planning scheme It is nearly 4 weeks since we first met at which meeting MBRC offered to remove the CIA andservice areas non service areas from the amendment and provided shortly thereafter a tablesummary of these changes for further discussion and guidance for the State and MBRC to workthrough You have advised that these changes are agreed in principle You have also advised that thechanges need to be worked through I am in a position where I need some information from you as to what is occurring and when toprovide to the CEO and Mayor From MBRCrsquos perspective we have undertaken all that has beenasked of MBRC - removed the CIA and the servicenon service area references Is there anythingelse which MBRC needs to consider I await your advice Thanks Tony
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in thise-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are not
RTI1819-035-DSDMIP - Page 27 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
a named recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legalprivilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete allcopies immediately and contact the sender to advise of the errorIt is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liabilityfor loss or damage arising directly or indirectly from opening this email opening any attachments or any communication errorsThe views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
This email and any attachments may contain confidential or privileged information and may be protected by copyright Youmust not use or disclose them other than for the purposes for which they were supplied The confidentiality and privilegeattached to this message and attachment is not waived by reason of mistaken delivery to you If you are not the intendedrecipient you must not use disclose retain forward or reproduce this message or any attachments If you receive thismessage in error please notify the sender by return email or telephone and destroy and delete all copies The Departmentdoes not accept any responsibility for any loss or damage that may result from reliance on or use of any informationcontained in this email andor attachments
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in thise-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are nota named recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legalprivilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete allcopies immediately and contact the sender to advise of the errorIt is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liabilityfor loss or damage arising directly or indirectly from opening this email opening any attachments or any communication errorsThe views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 28 of 55
1
Anne Wood
Subject Discussion regarding DILGPs position and proposed changes to MBRC - Major Amendment 2Location ltlt1 William Street (1WS) - 36 Floor - Meet 3614gtgt
Organizer Cindy WaltonRequired AttendeesCindy Walton Barbara Ryan Christine ONeill kateislesmoretonbayqldgovau
stewartpentlandmoretonbayqldgovau Graeme Bolton Tess PickeringOptional AttendeesBen Caldwell Ian Wright
Booking Confirmation Your room booking has been accepted with the following booking confirmation details below Building 1 William Street (1WS) Floor 36 Room Meet 3614 Room Setup Meeting Room Info Number Attending 12 Date 12 May 2017 From 1100AM To 1230PM Booked By Cindy Walton Host Cindy Walton Booking ID148766 To Join the meeting please dial sip+61730272906qgaaadqldgovau Notes Recurrence Dates Note 1 If you have booked conferencing resources please cut and paste above meeting details to the Outlook meeting invitation and send update 2 For an audio connection users dial the number only 3 For video (Skype) connections users dial the full address
Organizer Anthony MartiniResources Room - Strathpine Room 2A
Good morning The venue for this meeting is Councilrsquos Strathpine office at 220 Gympie Road Strathpine Entrance to the office is via Customer Service in Hall Street where parking is available on street Upon arrival at customer service you will be asked to complete visitor paperwork and then escorted to meeting room 2A Should you have any queries regarding this meeting request please contact me as below Kind regards Ann Abbott Operations Coordinator Engineering Construction amp Maintenance Moreton Bay Regional Council Stage 3 220 Gympie Road Strathpine P 07 3480 6233 E annabbottmoretonbayqldgovau
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in this e-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are not a named recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legal privilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete all copies immediately and contact the sender to advise of the error It is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liability for loss or damage arising directly or indirectly from opening this email opening any attachments or any communication errors The views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 30 of 55
1
Anne Wood
Subject MBRC Location 1 William St Level 12 Room 1214
Shortly you will receive an email invite to enter 1 William st with instructions on what you will need to provide to
Concierge
I will meet your party in the foyer once you have signed in
Kind regards
Anne
Anne Wood AExecutive Assistant Planning and Development Services | Brisbane Department of State Development Manufacturing Infrastructure and Planning Level 13 1 William St Brisbane QLD 4000 p 07 3452 7115 | e annewooddilgpqldgovau
RTI1819-035-DSDMIP - Page 31 of 55
From Graeme BoltonTo Anthony MartiniCc Stewart Pentland Kerry Doss Megan BayntunSubject RE MBRC Planning Scheme Amendment Meeting 13062018Date Friday 22 June 2018 64200 PMAttachments image001png
Dear Tony Please accept my apologies for not being able to get back to you earlier today As indicated in mymessage I was unexpectedly tied up all afternoon in an emergent and urgent issue I have reviewed the provided table and support in principle the matters identified in column fourIn respect to the matters identified in column five I can understand and again support in theprinciple the need for additional changes However the extent of changes will need to satisfy thesignificantly different test This is something that the department and Minister cannot resolvefrom This may mean that the desired changes may need to be tempered with what can besupported at this point in time and further decisions made by the council in respect to the riskprofile and whether or not to proceed with particular elements In addition to the above we have examined a couple of mechanisms that may be open to theMinister in deciding the proposed amendment In short we are exploring (a) the ability to partrefuse and part approve subject to conditions or (b) to solely condition The key consideration isto ensure whatever recommendation is made to the Minister the eventual decision can withstandclose scrutiny In both options given the volume of changes we would be also recommending tothe Minister a closing condition that requires the council to submit the changed amendment forendorsement by the Chief Executive prior to adoption by the council Finally as discussed at our last meeting through the second state interest review the Departmentof Environment and Science (DES) identified concerns in relation to koala habitat and the WarnerInvestigation Area structure plan I have been chasing (and have not yet received) additionalinformation and mapping from DES in relation to this At this point in time we would be looking toinclude a condition addresses the protection of the remaining koala habitat I am hoping to getgreater clarity and certainty on this (in terms of scale and location) in the coming days I will give you a call on Monday to discuss Please do not hesitate to contact me in the interimshould you have questions or concerns Regards Graeme
Graeme BoltonExecutive Director Planning and Development ServicesPlanning GroupDepartment of State Development Manufacturing Infrastructure and Planning---------------------------------------------------------------------------------------------------------------------------------------------
P 07 3452 6741 MLevel 13 1 William Street Brisbane QLD 4000
RTI1819-035-DSDMIP - Page 32 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
Summary of Proposed Planning Scheme Amendment
MBRC policy end Current MBRC Planning Scheme
Advertised Proposed Planning Scheme
Amendment
Amended Proposed Planning Scheme
Amendment
Other necessary changes to achieve MBRC policy end
Substantial change
Warner growth area - o Enable conversion of existing
industryrural residential to transition to residential outcomes
o Conversion consistent with the SEQ Regional Plan identification of Warner for growth
Industry zone and rural residential surrounded by existing residential and main roads Preliminary approval (Variation) would involve - Impact assessment - Major non-compliance with the
assessment benchmarks
- Zone change to Emerging
Community - Overlay map - Structure
planned area - Level of assessment - Service Area - RAL Code
assessment No Service Area - RAL
Impact assessment
Changes - Delete reference to CIA - Delete reference to service area
non service area Result - No change to Overlay map -
Structure planned area - Level of Assessment - RAL
Code assessment
Strengthening of assessment benchmarks required in the Emerging Community Zone Code andor RAL Code - Emerging Community Zone to assist code assessment
No Maintain overlay map as advertised maintain Level of Assessment remove reference to CIA and remove reference to Service Area and Non-Service Area
Caboolture West growth area - (Area 1) - o Enable Area 1 to proceed to
development including residential and local centre
o Consistent with the SEQ Regional Planrsquos identification of Caboolture West as an expansion area
Preliminary approval (Variation) would involve - Impact assessment - Major non-compliance with the
assessment benchmarks without a Neighhourhood Development Plan for Area 1
- Area 1 - Overlay map -
Structure planned area - Level of assessment Service Area - RAL Code
assessment Non Service Area - RAL
Impact assessment
Changes - Delete reference to CIA - Delete reference to service area
non service area Result - No change to Overlay map -
Structure planned area - Level of assessment - RAL Code
assessment for SPA1
Strengthening of assessment benchmarks required in the Local Plan Zone Code andor RAL Code - Emerging Community Zone to assist code assessment
No Maintain overlay map as advertised maintain Level of Assessment remove reference to CIA remove reference to Service Area and Non-Service Area
Caboolture West growth area - (Balance of Caboolture West) - o Enable subsequent stages to
be structure planned and released through future scheme amendments
Preliminary approval (Variation) would involve - Impact assessment - Major non-compliance with the
assessment benchmarks without a Neighhourhood Development Plan for the relevant area
- Overlay map - Future Structure
plan area - Level of assessment - Impact assessment
Changes - Delete reference to CIA - Delete reference to service area
non service area Result - No change to Overlay map -
Future Structure plan area - Level of assessment - Impact
assessment
Revisit strategic framework to delete CIA and ensure strategic outcomes accurately reflect the future timing of these fronts
No Maintain overlay map as advertised remove reference to CIA Minor change to the strategic framework
Other growth areas to be structure planned and held subject to planning infrastructure requirements and financial obligations being determined o Morayfield o Burpengary east o Narangba east o Joyner
RAL application would involve - Code assessment - Major non-compliance with the
assessment benchmarks in the absence of integrated land use and infrastructure planning
MCU application would involve impact assessment
- Overlay Map - Future structure
planned area - Level of assessment - RAL
Impact assessment - Major non-compliance with the
assessment benchmarks in the absence of integrated land use and infrastructure planning including the strategic outcomes
Changes - Delete references to CIA in the
strategic framework - Delete references to service
area non service area Result - No change to Overlay map -
Future structure planned area
Revisit strategic framework to delete CIA and ensure strategic outcomes accurately reflect the future timing of these fronts
No Maintain overlay map as advertised maintain Level of Assessment and remove reference to CIA
MBRC policy end Current MBRC Planning
Scheme Advertised Proposed
Planning Scheme Amendment
Amended Proposed Planning Scheme
Amendment
Other necessary changes to achieve MBRC policy end
Substantial change
- No change to Level of assessment - RAL Impact assessment
Balance of Proposed Planning Scheme Amendment
Not applicable
Changes proposed (carports setbacks sheds etc)
No further changes to the proposed Planning Scheme Amendment as provided post consultation
Not applicable
Not applicable
PO Box 15009 City East QLD 4002wwwdsdmipqldgovau
From Stewart Pentland [mailtoStewartPentlandmoretonbayqldgovau] Sent Thursday 14 June 2018 1234 PMTo Kerry Doss ltKerryDossdsdmipqldgovaugt Graeme BoltonltGraemeBoltondsdmipqldgovaugt Megan Bayntun ltMeganBayntundsdmipqldgovaugtCc Anthony Martini ltAnthonyMartinimoretonbayqldgovaugtSubject MBRC Planning Scheme Amendment Meeting 13062018 Graeme Kerry and Megan Thank you for your time yesterday Tony and I found the meeting most useful As discussed and agreed in principle
1 Council would document a series of proposed changes to the existing Planning SchemeAmendment that responds to the States direction to remove reference to the CIA andassociated service area non-service area concepts (see attached)
2 Subject to an iterative process between the State and council this information would thenform the basis of a conditional approval of the current major scheme amendment amp
3 The existing amendment would then be finalised by way of a conditional approval consistentwith points 1 and 2 above ASAP
Please find attached a first draft table outlining what are considered to be the necessary changesto the current amendment We would welcome your thoughts on this so that we can continue todevelop its contents with you I note you indicated that for this approach to be utilised you would need to be comfortable thatthe type of changes proposed did not constitute a substantial change As a consequence we haveincluded a column (Substantial change) that includes our appraisal of each proposed change Againwe would welcome your thoughts on this matter also It would be good to progress this matter ASAP In doing so it would be appreciated if you couldadvise when you consider you may be able to provide a response to these initial draftrepresentations In the interim should you require anything further please let me know Regards Stewart PentlandDirectorPlanning and Economic DevelopmentMoreton Bay Regional Council2 Hasking Street Caboolture Qld 4510P 07 5433 2023M Email stewartpentlandmoretonbayqldgovauwwwmoretonbayqldgovau
RTI1819-035-DSDMIP - Page 33 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in this e-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are not anamed recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legalprivilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete all copiesimmediately and contact the sender to advise of the errorIt is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liability forloss or damage arising directly or indirectly from opening this email opening any attachments or any communication errorsThe views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 34 of 55
Summary of Proposed Planning Scheme Amendment
MBRC policy end Current MBRC Planning Scheme
Advertised Proposed Planning Scheme
Amendment
Amended Proposed Planning Scheme
Amendment
Other necessary changes to achieve MBRC policy end
Substantial change
Warner growth area - o Enable conversion of existing
industryrural residential to transition to residential outcomes
o Conversion consistent with the SEQ Regional Plan identification of Warner for growth
Industry zone and rural residential surrounded by existing residential and main roads Preliminary approval (Variation) would involve - Impact assessment - Major non-compliance with the
assessment benchmarks
- Zone change to Emerging
Community - Overlay map - Structure
planned area - Level of assessment - Service Area - RAL Code
assessment No Service Area - RAL
Impact assessment
Changes - Delete reference to CIA - Delete reference to service area
non service area Result - No change to Overlay map -
Structure planned area - Level of Assessment - RAL
Code assessment
Strengthening of assessment benchmarks required in the Emerging Community Zone Code andor RAL Code - Emerging Community Zone to assist code assessment
No Maintain overlay map as advertised maintain Level of Assessment remove reference to CIA and remove reference to Service Area and Non-Service Area
Caboolture West growth area - (Area 1) - o Enable Area 1 to proceed to
development including residential and local centre
o Consistent with the SEQ Regional Planrsquos identification of Caboolture West as an expansion area
Preliminary approval (Variation) would involve - Impact assessment - Major non-compliance with the
assessment benchmarks without a Neighhourhood Development Plan for Area 1
- Area 1 - Overlay map -
Structure planned area - Level of assessment Service Area - RAL Code
assessment Non Service Area - RAL
Impact assessment
Changes - Delete reference to CIA - Delete reference to service area
non service area Result - No change to Overlay map -
Structure planned area - Level of assessment - RAL Code
assessment for SPA1
Strengthening of assessment benchmarks required in the Local Plan Zone Code andor RAL Code - Emerging Community Zone to assist code assessment
No Maintain overlay map as advertised maintain Level of Assessment remove reference to CIA remove reference to Service Area and Non-Service Area
Caboolture West growth area - (Balance of Caboolture West) - o Enable subsequent stages to
be structure planned and released through future scheme amendments
Preliminary approval (Variation) would involve - Impact assessment - Major non-compliance with the
assessment benchmarks without a Neighhourhood Development Plan for the relevant area
- Overlay map - Future Structure
plan area - Level of assessment - Impact assessment
Changes - Delete reference to CIA - Delete reference to service area
non service area Result - No change to Overlay map -
Future Structure plan area - Level of assessment - Impact
assessment
Revisit strategic framework to delete CIA and ensure strategic outcomes accurately reflect the future timing of these fronts
No Maintain overlay map as advertised remove reference to CIA Minor change to the strategic framework
Other growth areas to be structure planned and held subject to planning infrastructure requirements and financial obligations being determined o Morayfield o Burpengary east o Narangba east o Joyner
RAL application would involve - Code assessment - Major non-compliance with the
assessment benchmarks in the absence of integrated land use and infrastructure planning
MCU application would involve impact assessment
- Overlay Map - Future structure
planned area - Level of assessment - RAL
Impact assessment - Major non-compliance with the
assessment benchmarks in the absence of integrated land use and infrastructure planning including the strategic outcomes
Changes - Delete references to CIA in the
strategic framework - Delete references to service
area non service area Result - No change to Overlay map -
Future structure planned area
Revisit strategic framework to delete CIA and ensure strategic outcomes accurately reflect the future timing of these fronts
No Maintain overlay map as advertised maintain Level of Assessment and remove reference to CIA
RTI1819-035-DSDMIP - Page 35 of 55
MBRC policy end Current MBRC Planning
Scheme Advertised Proposed
Planning Scheme Amendment
Amended Proposed Planning Scheme
Amendment
Other necessary changes to achieve MBRC policy end
Substantial change
- No change to Level of assessment - RAL Impact assessment
Balance of Proposed Planning Scheme Amendment
Not applicable
Changes proposed (carports setbacks sheds etc)
No further changes to the proposed Planning Scheme Amendment as provided post consultation
Not applicable
Not applicable
RTI1819-035-DSDMIP - Page 36 of 55
From Graeme BoltonTo Stewart Pentland Kerry Doss Megan BayntunCc Anthony MartiniSubject RE MBRC Planning Scheme Amendment Meeting 13062018Date Monday 18 June 2018 82200 AMAttachments image001png
image002jpg
Hi Stewart Thank you for providing the attached table and below information As per Kerryrsquos email we willreview and respond as soon as possible Regards Graeme
Graeme BoltonExecutive Director Planning and Development ServicesPlanning GroupDepartment of State Development Manufacturing Infrastructure and Planning---------------------------------------------------------------------------------------------------------------------------------------------
P 07 3452 6741 MLevel 13 1 William Street Brisbane QLD 4000PO Box 15009 City East QLD 4002wwwdsdmipqldgovau
From Stewart Pentland [mailtoStewartPentlandmoretonbayqldgovau] Sent Thursday 14 June 2018 1234 PMTo Kerry Doss ltKerryDossdsdmipqldgovaugt Graeme BoltonltGraemeBoltondsdmipqldgovaugt Megan Bayntun ltMeganBayntundsdmipqldgovaugtCc Anthony Martini ltAnthonyMartinimoretonbayqldgovaugtSubject MBRC Planning Scheme Amendment Meeting 13062018 Graeme Kerry and Megan Thank you for your time yesterday Tony and I found the meeting most useful As discussed and agreed in principle
1 Council would document a series of proposed changes to the existing Planning SchemeAmendment that responds to the States direction to remove reference to the CIA andassociated service area non-service area concepts (see attached)
2 Subject to an iterative process between the State and council this information would thenform the basis of a conditional approval of the current major scheme amendment amp
3 The existing amendment would then be finalised by way of a conditional approval consistentwith points 1 and 2 above ASAP
RTI1819-035-DSDMIP - Page 37 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
Please find attached a first draft table outlining what are considered to be the necessary changesto the current amendment We would welcome your thoughts on this so that we can continue todevelop its contents with you I note you indicated that for this approach to be utilised you would need to be comfortable thatthe type of changes proposed did not constitute a substantial change As a consequence we haveincluded a column (Substantial change) that includes our appraisal of each proposed change Againwe would welcome your thoughts on this matter also It would be good to progress this matter ASAP In doing so it would be appreciated if you couldadvise when you consider you may be able to provide a response to these initial draftrepresentations In the interim should you require anything further please let me know Regards Stewart PentlandDirectorPlanning and Economic DevelopmentMoreton Bay Regional Council2 Hasking Street Caboolture Qld 4510P 07 5433 2023M Email stewartpentlandmoretonbayqldgovauwwwmoretonbayqldgovau CCR3_email_signhr
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in this e-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are not anamed recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legalprivilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete all copiesimmediately and contact the sender to advise of the errorIt is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liability forloss or damage arising directly or indirectly from opening this email opening any attachments or any communication errorsThe views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 38 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
From Graeme BoltonTo Anthony MartiniCc Ann Abbott Stewart Pentland Kerry DossSubject RE Moreton Bay Regional Council - Amendment to Planning Scheme ProgressDate Tuesday 10 July 2018 65800 PMAttachments image001png
Good afternoon Tony Thank you for your email below I do apologise for not being able to take your call I was in ameeting and then subsequently on a teleconference when you phoned As discussed last week we met with DTMR officers who agreed to provide us with additionalinformation by tomorrow We greatly appreciate the councilrsquos willingness to work with the department to find a wayforward However given the complexity of the amendments it is not as easy as you portray tohave ldquoremoved the CIA and the servicenon service area referencesrdquo All we have at this point intime is a high level table with expressed intent To give effect to this intent involves significantchanges to the proposed amendment and carries a very high risk of unintended consequencesfor the operation of the planning scheme and potential lawfulness of the amendment I amextremely concerned about agreeing to something now only to find out after the Minister hasconditionally approved the amendment that the expressed intent cannot be delivered We are endeavouring to find a solution I will advise further once we have received theadditional information from DTMR Regards Graeme
Graeme BoltonExecutive Director Planning and Development ServicesPlanning GroupDepartment of State Development Manufacturing Infrastructure and Planning--------------------------------------------------------------- ---------------------------
P 07 3452 6741 MLevel 13 1 William Street Brisbane QLD 4000PO Box 15009 City East QLD 4002wwwdsdmipqldgovau
From Anthony Martini [mailtoAnthonyMartinimoretonbayqldgovau] Sent Tuesday 10 July 2018 108 PMTo Graeme Bolton ltGraemeBoltondsdmipqldgovaugtCc Ann Abbott ltAnnAbbottmoretonbayqldgovaugt Stewart PentlandltStewartPentlandmoretonbayqldgovaugt Kerry Doss ltKerryDossdsdmipqldgovaugtSubject Moreton Bay Regional Council - Amendment to Planning Scheme Progress
RTI1819-035-DSDMIP - Page 39 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
Hi Graeme Appreciate that you are busy however I have endeavoured to make contact with you over thepast few days for the purposes of understanding where we are at with regards to receiving apartial or full draft condition set to the amendment to the planning scheme It is nearly 4 weeks since we first met at which meeting MBRC offered to remove the CIA andservice areas non service areas from the amendment and provided shortly thereafter a tablesummary of these changes for further discussion and guidance for the State and MBRC to workthrough You have advised that these changes are agreed in principle You have also advised that thechanges need to be worked through I am in a position where I need some information from you as to what is occurring and when toprovide to the CEO and Mayor From MBRCrsquos perspective we have undertaken all that has beenasked of MBRC - removed the CIA and the servicenon service area references Is there anythingelse which MBRC needs to consider I await your advice Thanks Tony
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in thise-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are nota named recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legalprivilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete allcopies immediately and contact the sender to advise of the errorIt is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liabilityfor loss or damage arising directly or indirectly from opening this email opening any attachments or any communication errorsThe views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 40 of 55
From Graeme BoltonTo Anthony MartiniCc Stewart Pentland Kerry Doss Garth NolanSubject RE Update on draft conditionsDate Thursday 5 July 2018 30400 PMAttachments image001png
image002png
Hi Tony I appreciate your concerns and we are progressing this as fast as possible As you can alsohopefully appreciate the amendment in its own right is a very large and complex document Thechanges being proposed are not unsubstantial and have multiple unintended consequencesmany of which have the potential to adversely affect matters of state interest As such we aretrying to resolve these to an acceptable level (for the state) before sharing these with you I will forward these to you as soon as possible Regards Graeme
Graeme BoltonExecutive Director Planning and Development ServicesPlanning GroupDepartment of State Development Manufacturing Infrastructure and Planning---------------------------------------------------------------------------------------------------------------------------------------------
P 07 3452 6741 MLevel 13 1 William Street Brisbane QLD 4000PO Box 15009 City East QLD 4002wwwdsdmipqldgovau
From Anthony Martini [mailtoAnthonyMartinimoretonbayqldgovau] Sent Tuesday 3 July 2018 543 PMTo Graeme Bolton ltGraemeBoltondsdmipqldgovaugtCc Stewart Pentland ltStewartPentlandmoretonbayqldgovaugt Kerry DossltKerryDossdsdmipqldgovaugt Garth Nolan ltGarthNolandsdmipqldgovaugtSubject RE Update on draft conditions Hi Graeme Thank you for the update It would be good to catch up sooner rather than later as it is fast approaching 3 weeks since ourinitial meeting I can advise that the Mayor sought advice from me as to where the amendmentwas at - as I had advised him 10 days ago that a draft set was to be available with a day or so As discussed our preference is to collaboratively work on the content of the draft conditions Itwould be appreciated if you could send through the balance of the approval and conditions now
RTI1819-035-DSDMIP - Page 41 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
this will enable us to get the process moving Thanks Tony
From Graeme Bolton [mailtoGraemeBoltondsdmipqldgovau] Sent Tuesday 3 July 2018 307 PMTo Anthony Martini ltAnthonyMartinimoretonbayqldgovaugtCc Stewart Pentland ltStewartPentlandmoretonbayqldgovaugt Kerry DossltKerryDossdsdmipqldgovaugt Garth Nolan ltGarthNolandsdmipqldgovaugtSubject Update on draft conditions Hi Tony As previously advised I met with senior officers from DTMR today to discuss some concernstheyrsquove raised in respect to conditioning the proposed amendment I believe we have a wayforward and DTMR are working on a couple of options as a matter of priority I am expecting tohave something back from DTMR mid next week We will continue to work closely with them totry and get something out sooner As previously discussed we will share the draft conditions once we are satisfied with them Wewould be happy to work with you to ensure they are workable from councilrsquos perspective Regards Graeme
Graeme BoltonExecutive Director Planning and Development ServicesPlanning GroupDepartment of State Development Manufacturing Infrastructure and Planning---------------------------------------------------------------- -------------------------------
P 07 3452 6741 MLevel 13 1 William Street Brisbane QLD 4000PO Box 15009 City East QLD 4002wwwdsdmipqldgovau
This email and any attachments may contain confidential or privileged information and may be protected by copyright Youmust not use or disclose them other than for the purposes for which they were supplied The confidentiality and privilegeattached to this message and attachment is not waived by reason of mistaken delivery to you If you are not the intendedrecipient you must not use disclose retain forward or reproduce this message or any attachments If you receive thismessage in error please notify the sender by return email or telephone and destroy and delete all copies The Departmentdoes not accept any responsibility for any loss or damage that may result from reliance on or use of any informationcontained in this email andor attachments
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in this
e-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are not
RTI1819-035-DSDMIP - Page 42 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
a named recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legal
privilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete all
copies immediately and contact the sender to advise of the error
It is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liability
for loss or damage arising directly or indirectly from opening this email opening any attachments or any communication errors
The views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 43 of 55
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Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
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Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
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Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
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Phone (07) 5433 2073
Our Ref A16988781
Date 31 May 2018
RTI1819-035-DSDMIP - Page 4 of 55
Irrelevant information deleted under section 73 of the RTI Act
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Irrelevant information deleted under section 73 of the RTI Act
1
Anne Wood
From Anthony Martini ltAnthonyMartinimoretonbayqldgovaugtSent Friday 27 July 2018 516 PMTo Kerry Doss Graeme BoltonSubject Contact details
Hi folks Look forward to receiving your letter As advised we briefed the Council yesterday following our meeting The Council is expecting a further briefing next Tuesday Thanks Tony M E Anthonymartinimoretonbayqldgovau
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in this e-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are not a named recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legal privilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete all copies immediately and contact the sender to advise of the error It is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liability for loss or damage arising directly or indirectly from opening this email opening any attachments or any communication errors The views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 6 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
1
Anne Wood
From Stewart Pentland ltStewartPentlandmoretonbayqldgovaugtSent Thursday 14 June 2018 1234 PMTo Kerry Doss Graeme Bolton Megan BayntunCc Anthony MartiniSubject MBRC Planning Scheme Amendment Meeting 13062018Attachments 130608 Revised Proposed MBRC Planning Scheme Amendment (002)pdf
Graeme Kerry and Megan Thank you for your time yesterday Tony and I found the meeting most useful As discussed and agreed in principle
1 Council would document a series of proposed changes to the existing Planning Scheme Amendment that responds to the States direction to remove reference to the CIA and associated service area non‐service area concepts (see attached)
2 Subject to an iterative process between the State and council this information would then form the basis of a conditional approval of the current major scheme amendment amp
3 The existing amendment would then be finalised by way of a conditional approval consistent with points 1 and 2 above ASAP
Please find attached a first draft table outlining what are considered to be the necessary changes to the current amendment We would welcome your thoughts on this so that we can continue to develop its contents with you I note you indicated that for this approach to be utilised you would need to be comfortable that the type of changes proposed did not constitute a substantial change As a consequence we have included a column (Substantial change) that includes our appraisal of each proposed change Again we would welcome your thoughts on this matter also It would be good to progress this matter ASAP In doing so it would be appreciated if you could advise when you consider you may be able to provide a response to these initial draft representations In the interim should you require anything further please let me know Regards Stewart Pentland Director Planning and Economic Development Moreton Bay Regional Council 2 Hasking Street Caboolture Qld 4510 P 07 5433 2023 M Email stewartpentlandmoretonbayqldgovau wwwmoretonbayqldgovau
RTI1819-035-DSDMIP - Page 7 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
2
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in this e-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are not a named recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legal privilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete all copies immediately and contact the sender to advise of the error It is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liability for loss or damage arising directly or indirectly from opening this email opening any attachments or any communication errors The views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 8 of 55
Summary of Proposed Planning Scheme Amendment
MBRC policy end Current MBRC Planning Scheme
Advertised Proposed Planning Scheme
Amendment
Amended Proposed Planning Scheme
Amendment
Other necessary changes to achieve MBRC policy end
Substantial change
Warner growth area - o Enable conversion of existing
industryrural residential to transition to residential outcomes
o Conversion consistent with the SEQ Regional Plan identification of Warner for growth
Industry zone and rural residential surrounded by existing residential and main roads Preliminary approval (Variation) would involve - Impact assessment - Major non-compliance with the
assessment benchmarks
- Zone change to Emerging
Community - Overlay map - Structure
planned area - Level of assessment - Service Area - RAL Code
assessment No Service Area - RAL
Impact assessment
Changes - Delete reference to CIA - Delete reference to service area
non service area Result - No change to Overlay map -
Structure planned area - Level of Assessment - RAL
Code assessment
Strengthening of assessment benchmarks required in the Emerging Community Zone Code andor RAL Code - Emerging Community Zone to assist code assessment
No Maintain overlay map as advertised maintain Level of Assessment remove reference to CIA and remove reference to Service Area and Non-Service Area
Caboolture West growth area - (Area 1) - o Enable Area 1 to proceed to
development including residential and local centre
o Consistent with the SEQ Regional Planrsquos identification of Caboolture West as an expansion area
Preliminary approval (Variation) would involve - Impact assessment - Major non-compliance with the
assessment benchmarks without a Neighhourhood Development Plan for Area 1
- Area 1 - Overlay map -
Structure planned area - Level of assessment Service Area - RAL Code
assessment Non Service Area - RAL
Impact assessment
Changes - Delete reference to CIA - Delete reference to service area
non service area Result - No change to Overlay map -
Structure planned area - Level of assessment - RAL Code
assessment for SPA1
Strengthening of assessment benchmarks required in the Local Plan Zone Code andor RAL Code - Emerging Community Zone to assist code assessment
No Maintain overlay map as advertised maintain Level of Assessment remove reference to CIA remove reference to Service Area and Non-Service Area
Caboolture West growth area - (Balance of Caboolture West) - o Enable subsequent stages to
be structure planned and released through future scheme amendments
Preliminary approval (Variation) would involve - Impact assessment - Major non-compliance with the
assessment benchmarks without a Neighhourhood Development Plan for the relevant area
- Overlay map - Future Structure
plan area - Level of assessment - Impact assessment
Changes - Delete reference to CIA - Delete reference to service area
non service area Result - No change to Overlay map -
Future Structure plan area - Level of assessment - Impact
assessment
Revisit strategic framework to delete CIA and ensure strategic outcomes accurately reflect the future timing of these fronts
No Maintain overlay map as advertised remove reference to CIA Minor change to the strategic framework
Other growth areas to be structure planned and held subject to planning infrastructure requirements and financial obligations being determined o Morayfield o Burpengary east o Narangba east o Joyner
RAL application would involve - Code assessment - Major non-compliance with the
assessment benchmarks in the absence of integrated land use and infrastructure planning
MCU application would involve impact assessment
- Overlay Map - Future structure
planned area - Level of assessment - RAL
Impact assessment - Major non-compliance with the
assessment benchmarks in the absence of integrated land use and infrastructure planning including the strategic outcomes
Changes - Delete references to CIA in the
strategic framework - Delete references to service
area non service area Result - No change to Overlay map -
Future structure planned area
Revisit strategic framework to delete CIA and ensure strategic outcomes accurately reflect the future timing of these fronts
No Maintain overlay map as advertised maintain Level of Assessment and remove reference to CIA
RTI1819-035-DSDMIP - Page 9 of 55
MBRC policy end Current MBRC Planning
Scheme Advertised Proposed
Planning Scheme Amendment
Amended Proposed Planning Scheme
Amendment
Other necessary changes to achieve MBRC policy end
Substantial change
- No change to Level of assessment - RAL Impact assessment
Balance of Proposed Planning Scheme Amendment
Not applicable
Changes proposed (carports setbacks sheds etc)
No further changes to the proposed Planning Scheme Amendment as provided post consultation
Not applicable
Not applicable
RTI1819-035-DSDMIP - Page 10 of 55
1
Anne Wood
From Anthony Martini ltAnthonyMartinimoretonbayqldgovaugtSent Tuesday 10 July 2018 108 PMTo Graeme BoltonCc Ann Abbott Stewart Pentland Kerry DossSubject Moreton Bay Regional Council - Amendment to Planning Scheme Progress
Hi Graeme Appreciate that you are busy however I have endeavoured to make contact with you over the past few days for the purposes of understanding where we are at with regards to receiving a partial or full draft condition set to the amendment to the planning scheme It is nearly 4 weeks since we first met at which meeting MBRC offered to remove the CIA and service areas non service areas from the amendment and provided shortly thereafter a table summary of these changes for further discussion and guidance for the State and MBRC to work through You have advised that these changes are agreed in principle You have also advised that the changes need to be worked through I am in a position where I need some information from you as to what is occurring and when to provide to the CEO and Mayor From MBRCrsquos perspective we have undertaken all that has been asked of MBRC ‐ removed the CIA and the servicenon service area references Is there anything else which MBRC needs to consider I await your advice Thanks Tony
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in this e-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are not a named recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legal privilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete all copies immediately and contact the sender to advise of the error It is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liability for loss or damage arising directly or indirectly from opening this email opening any attachments or any communication errors The views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 11 of 55
1
Anne Wood
From Anthony Martini ltAnthonyMartinimoretonbayqldgovaugtSent Tuesday 17 July 2018 234 PMTo Graeme BoltonCc Ann Abbott Kerry Doss Stewart PentlandSubject Planning Scheme Amendment
Hi Graeme I have sought not to bother you this past week with requests for updates Stewart and I are briefing the Council next Tuesday as to the current status of MBRCrsquos planning scheme amendment Can you please advise where the State is at by this Friday such that the information we provide the Council is current Have you received information you sought from DTMR last Wednesday I await your advice Thanks Tony
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in this e-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are not a named recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legal privilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete all copies immediately and contact the sender to advise of the error It is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liability for loss or damage arising directly or indirectly from opening this email opening any attachments or any communication errors The views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 12 of 55
1
Anne Wood
From Kerry DossSent Friday 27 July 2018 551 PMTo Anthony MartiniCc Graeme BoltonSubject RE Contact detailsAttachments DDG letter to Anthony Martinipdf
Hi Anthony Letter as requested Please feel free to call should you require any clarification regards
Kerry Doss Deputy Director‐General Planning Group Department of State Development Manufacturing Infrastructure and Planning ---------------------------------------------------------------------------------------------------------------------------------------------
P 07 3452 7909 ME kerrydossdsdmipqldgovau Level 13 1 William Street Brisbane QLD 4000 PO Box 15009 City East QLD 4002 wwwdsdmipqldgovau
From Anthony Martini ltAnthonyMartinimoretonbayqldgovaugt Sent Friday 27 July 2018 516 PM To Kerry Doss ltKerryDossdsdmipqldgovaugt Graeme Bolton ltGraemeBoltondsdmipqldgovaugt Subject Contact details Hi folks Look forward to receiving your letter As advised we briefed the Council yesterday following our meeting The Council is expecting a further briefing next Tuesday Thanks Tony ME Anthonymartinimoretonbayqldgovau
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in this e-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are not a named recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legal privilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete all copies immediately and contact the sender to advise of the error It is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liability for loss or damage arising directly or indirectly from opening this email opening any attachments or any communication errors The views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 13 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
Our ref OUT185247
27 July 2018 Mr Anthony Martini Deputy CEO Director Engineering Construction and Maintenance Moreton Bay Regional Council PO Box 159 CABOOLTURE QLD 4510 Dear Anthony I refer to the 26 July 2018 meeting between yourself Mr Stewart Pentland Mr Graeme Bolton and myself to discuss the proposed Major Amendment 2 (the proposed amendment) to the Moreton Bay Regional Council (the council) planning scheme As you are aware the department has assessed the proposed amendment and cannot support a recommendation to approve the proposed amendment due to the proposed Coordinating Infrastructure Agreement associated provisions (the CIA) and outstanding matters of state interest It was agreed that the Department of State Development Manufacturing Infrastructure and Planning (the department) would consider if it could support approving the proposed amendment subject to conditions to enable the minor elements not associated with structure planning and the CIA to proceed It was understood that these minor elements related to provisions such as development code requirements (eg setback provisions for carports) various overlay maps (eg the walking distance map) and codes and various minor provisions (eg animal husbandry) In particular it was understood that this did not include elements relating to the CIA including structure planned areas which are contingent on the CIA provisions Notwithstanding this understanding the department agreed that it would consider a broader range of changes as proposed in Mr Pentlandrsquos email of 14 June 2018 As discussed at our 26 July 2018 meeting the department has undertaken investigations and has concluded it cannot support a recommendation to approve the proposed amendment subject to conditions This is based on matters of state interest relating to transport infrastructure biodiversity values and the consideration of the significantly different test
RTI1819-035-DSDMIP - Page 14 of 55
Page 2 of 2
As discussed there a number of options available to the council 1 The council formally resolves and withdraws the proposed amendment and
commences a new amendment process As discussed the department would be highly supportive of utilising section 18 of the Planning Act 2016 to create a tailored amendment process (that does not require further public consultation) for the minor elements and a second tailored process (potentially requiring further public consultation) for the structure planning elements of the proposed amendment
OR 2 The council formally places the amendment process on hold and resubmits a
revised version of the proposed amendment Please note that should the council choose this option it will need to satisfy itself that the changes made do not result in a significantly different version of the proposed amendment than the version that underwent public consultation Please be advised that the Planning Minister in addition to the council will also need to be satisfied that the changes made do not result in a significantly different version of the proposed amendment then that which underwent public consultation The department is of the view (noting that it has not seen any possible changes) that it is highly likely that any changes made in respect to removing the CIA from the proposed amendment will be likely to result in a significantly different version
OR 3 The Planning Minister considers and decides the proposed amendment in its
current form
As discussed in respect to options 1 and 2 above the department is strongly supportive of coordinating the input of the Department of Transport and Main Roads and the Department of Environment and Science to resolve the outstanding matters of state interest It would be greatly appreciated if the council could formally advise the department of its preferred option by close of business on Friday 10 August 2018 If no advice has been received by this date the department will progress the proposed amendment for the Planning Ministerrsquos considers and decision in its current form If you require any further information please contact Mr Graeme Bolton Executive Director Planning Group Department of State Development Manufacturing Infrastructure and Planning on (07) 3452 6741 or Graemeboltondsdmipqldgovau who will be pleased to assist Yours sincerely
Kerry Doss Deputy Director-General
RTI1819-035-DSDMIP - Page 15 of 55
1
Anne Wood
From Kerry DossSent Saturday 16 June 2018 1034 AMTo Stewart Pentland Graeme Bolton Megan BayntunCc Anthony MartiniSubject Re MBRC Planning Scheme Amendment Meeting 13062018
Thanks Stuart We will consider and come back to you Regards Kerry Doss Kerry Doss Deputy Director‐General Planning Group Department of State Development Manufacturing Infrastructure amp Planning P 07 3452 7909 ME kerry dossdsdmip qldgovau
From Stewart Pentland ltStewartPentlandmoretonbayqldgovaugt Sent Thursday June 14 2018 123348 PM To Kerry Doss Graeme Bolton Megan Bayntun Cc Anthony Martini Subject MBRC Planning Scheme Amendment Meeting 13062018 Graeme Kerry and Megan Thank you for your time yesterday Tony and I found the meeting most useful As discussed and agreed in principle
1 Council would document a series of proposed changes to the existing Planning Scheme Amendment that responds to the States direction to remove reference to the CIA and associated service area non‐service area concepts (see attached)
2 Subject to an iterative process between the State and council this information would then form the basis of a conditional approval of the current major scheme amendment amp
3 The existing amendment would then be finalised by way of a conditional approval consistent with points 1 and 2 above ASAP
Please find attached a first draft table outlining what are considered to be the necessary changes to the current amendment We would welcome your thoughts on this so that we can continue to develop its contents with you I note you indicated that for this approach to be utilised you would need to be comfortable that the type of changes proposed did not constitute a substantial change As a consequence we have included a column (Substantial change) that includes our appraisal of each proposed change Again we would welcome your thoughts on this matter also It would be good to progress this matter ASAP In doing so it would be appreciated if you could advise when you consider you may be able to provide a response to these initial draft representations In the interim should you require anything further please let me know
RTI1819-035-DSDMIP - Page 16 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
2
Regards Stewart Pentland Director Planning and Economic Development Moreton Bay Regional Council 2 Hasking Street Caboolture Qld 4510 P 07 5433 2023 MEmail stewartpentlandmoretonbayqldgovau wwwmoretonbayqldgovau
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in this e-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are not a named recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legal privilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete all copies immediately and contact the sender to advise of the error It is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liability for loss or damage arising directly or indirectly from opening this email opening any attachments or any communication errors The views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 17 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
1
Anne Wood
From Stewart Pentland ltStewartPentlandmoretonbayqldgovaugtSent Tuesday 10 July 2018 839 PMTo Graeme BoltonCc Anthony Martini Ann Abbott Kerry DossSubject Re Moreton Bay Regional Council - Amendment to Planning Scheme Progress
Graeme I am concerned your response is straying from what council understood to be our agreement It is important from Councils perspective that the conditions are developed collaboratively Once agreement has been achieved on the conditions content they would then be finalised This was our agreement as we understood it Beyond this it is Councils responsibility to then amend its own scheme and then collaborate with the state on the proposed changes that respond to your conditions As previously discussed and agreed this would occur through a tracked change version of the scheme that we would iterate with you until agreement had been achieved Our appraisal is that those sections of the scheme included in the lsquohigh level tablersquo will be those sections of the scheme that require amendment If the above is no longer the agreement please confirm ASAP Regards Stewart
Sent from SWP iPhone On 10 Jul 2018 at 658 pm Graeme Bolton ltGraemeBoltondsdmipqldgovaugt wrote
Good afternoon Tony Thank you for your email below I do apologise for not being able to take your call I was in a meeting and then subsequently on a teleconference when you phoned As discussed last week we met with DTMR officers who agreed to provide us with additional information by tomorrow We greatly appreciate the councilrsquos willingness to work with the department to find a way forward However given the complexity of the amendments it is not as easy as you portray to have ldquoremoved the CIA and the servicenon service area referencesrdquo All we have at this point in time is a high level table with expressed intent To give effect to this intent involves significant changes to the proposed amendment and carries a very high risk of unintended consequences for the operation of the planning scheme and potential lawfulness of the amendment I am extremely concerned about agreeing to something now only to find out after the Minister has conditionally approved the amendment that the expressed intent cannot be delivered We are endeavouring to find a solution I will advise further once we have received the additional information from DTMR Regards Graeme
RTI1819-035-DSDMIP - Page 18 of 55
2
ltimage001pnggt Graeme Bolton Executive Director Planning and Development Services Planning Group Department of State Development Manufacturing Infrastructure and Planning --------------------------------------------------------------------------------------------------------------------------------------------- P 07 3452 6741 MLevel 13 1 William Street Brisbane QLD 4000 PO Box 15009 City East QLD 4002 wwwdsdmipqldgovau
From Anthony Martini [mailtoAnthonyMartinimoretonbayqldgovau] Sent Tuesday 10 July 2018 108 PM To Graeme Bolton ltGraemeBoltondsdmipqldgovaugt Cc Ann Abbott ltAnnAbbottmoretonbayqldgovaugt Stewart Pentland ltStewartPentlandmoretonbayqldgovaugt Kerry Doss ltKerryDossdsdmipqldgovaugt Subject Moreton Bay Regional Council ‐ Amendment to Planning Scheme Progress Hi Graeme Appreciate that you are busy however I have endeavoured to make contact with you over the past few days for the purposes of understanding where we are at with regards to receiving a partial or full draft condition set to the amendment to the planning scheme It is nearly 4 weeks since we first met at which meeting MBRC offered to remove the CIA and service areas non service areas from the amendment and provided shortly thereafter a table summary of these changes for further discussion and guidance for the State and MBRC to work through You have advised that these changes are agreed in principle You have also advised that the changes need to be worked through I am in a position where I need some information from you as to what is occurring and when to provide to the CEO and Mayor From MBRCrsquos perspective we have undertaken all that has been asked of MBRC ‐ removed the CIA and the servicenon service area references Is there anything else which MBRC needs to consider I await your advice Thanks Tony
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in this e-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are not a named recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legal privilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete all copies immediately and contact the sender to advise of the error It is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liability for loss or damage arising directly or indirectly from opening this email opening any attachments or any communication errors The views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 19 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in this e-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are not a named recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legal privilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete all copies immediately and contact the sender to advise of the error It is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liability for loss or damage arising directly or indirectly from opening this email opening any attachments or any communication errors The views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 20 of 55
1
Anne Wood
From Anthony Martini ltAnthonyMartinimoretonbayqldgovaugtSent Tuesday 3 July 2018 543 PMTo Graeme BoltonCc Stewart Pentland Kerry Doss Garth NolanSubject RE Update on draft conditions
Hi Graeme
Thank you for the update
It would be good to catch up sooner rather than later as it is fast approaching 3 weeks since our initial meeting I
can advise that the Mayor sought advice from me as to where the amendment was at ‐ as I had advised him 10 days
ago that a draft set was to be available with a day or so
As discussed our preference is to collaboratively work on the content of the draft conditions It would be
appreciated if you could send through the balance of the approval and conditions now this will enable us to get the
process moving
Thanks
Tony
From Graeme Bolton [mailtoGraemeBoltondsdmipqldgovau] Sent Tuesday 3 July 2018 307 PM To Anthony Martini ltAnthonyMartinimoretonbayqldgovaugt Cc Stewart Pentland ltStewartPentlandmoretonbayqldgovaugt Kerry Doss ltKerryDossdsdmipqldgovaugt Garth Nolan ltGarthNolandsdmipqldgovaugt Subject Update on draft conditions
Hi Tony
As previously advised I met with senior officers from DTMR today to discuss some concerns theyrsquove raised in
respect to conditioning the proposed amendment I believe we have a way forward and DTMR are working on a
couple of options as a matter of priority I am expecting to have something back from DTMR mid next week We will
continue to work closely with them to try and get something out sooner
As previously discussed we will share the draft conditions once we are satisfied with them We would be happy to
work with you to ensure they are workable from councilrsquos perspective Regards Graeme
RTI1819-035-DSDMIP - Page 21 of 55
2
Graeme Bolton Executive Director Planning and Development Services Planning Group Department of State Development Manufacturing Infrastructure and Planning ---------------------------------------------------------------------------------------------------------------------------------------------
P 07 3452 6741 MLevel 13 1 William Street Brisbane QLD 4000 PO Box 15009 City East QLD 4002 wwwdsdmipqldgovau
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in this e-mail and any
attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are not a named recipient any use of this
information including copying distribution and publication is prohibited Confidentiality and legal privilege are not waived or lost as a result of mistaken or
erroneous delivery If you are not a named recipient please delete all copies immediately and contact the sender to advise of the error
It is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liability for loss or damage
arising directly or indirectly from opening this email opening any attachments or any communication errors
The views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 22 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
From Anthony MartiniTo Graeme BoltonCc Stewart Pentland Kerry Doss Megan BayntunSubject RE MBRC Planning Scheme Amendment Meeting 13062018Date Monday 25 June 2018 80656 AMAttachments image002png
Hi Graeme As per texts over the weekend - Stewart and I will see you from 1030am this morning Thanks Tony
From Graeme Bolton [mailtoGraemeBoltondsdmipqldgovau] Sent Friday 22 June 2018 643 PMTo Anthony Martini ltAnthonyMartinimoretonbayqldgovaugtCc Stewart Pentland ltStewartPentlandmoretonbayqldgovaugt Kerry DossltKerryDossdsdmipqldgovaugt Megan Bayntun ltMeganBayntundsdmipqldgovaugtSubject RE MBRC Planning Scheme Amendment Meeting 13062018 Dear Tony Please accept my apologies for not being able to get back to you earlier today As indicated in mymessage I was unexpectedly tied up all afternoon in an emergent and urgent issue I have reviewed the provided table and support in principle the matters identified in column fourIn respect to the matters identified in column five I can understand and again support in theprinciple the need for additional changes However the extent of changes will need to satisfy thesignificantly different test This is something that the department and Minister cannot resolvefrom This may mean that the desired changes may need to be tempered with what can besupported at this point in time and further decisions made by the council in respect to the riskprofile and whether or not to proceed with particular elements In addition to the above we have examined a couple of mechanisms that may be open to theMinister in deciding the proposed amendment In short we are exploring (a) the ability to partrefuse and part approve subject to conditions or (b) to solely condition The key consideration isto ensure whatever recommendation is made to the Minister the eventual decision can withstandclose scrutiny In both options given the volume of changes we would be also recommending tothe Minister a closing condition that requires the council to submit the changed amendment forendorsement by the Chief Executive prior to adoption by the council Finally as discussed at our last meeting through the second state interest review the Departmentof Environment and Science (DES) identified concerns in relation to koala habitat and the WarnerInvestigation Area structure plan I have been chasing (and have not yet received) additionalinformation and mapping from DES in relation to this At this point in time we would be looking toinclude a condition addresses the protection of the remaining koala habitat I am hoping to getgreater clarity and certainty on this (in terms of scale and location) in the coming days
RTI1819-035-DSDMIP - Page 23 of 55
I will give you a call on Monday to discuss Please do not hesitate to contact me in the interimshould you have questions or concerns Regards Graeme
Graeme BoltonExecutive Director Planning and Development ServicesPlanning GroupDepartment of State Development Manufacturing Infrastructure and Planning---------------------------------------------------------------------------------------------------------------------------------------------
P 07 3452 6741 MLevel 13 1 William Street Brisbane QLD 4000PO Box 15009 City East QLD 4002wwwdsdmipqldgovau
From Stewart Pentland [mailtoStewartPentlandmoretonbayqldgovau] Sent Thursday 14 June 2018 1234 PMTo Kerry Doss ltKerryDossdsdmipqldgovaugt Graeme BoltonltGraemeBoltondsdmipqldgovaugt Megan Bayntun ltMeganBayntundsdmipqldgovaugtCc Anthony Martini ltAnthonyMartinimoretonbayqldgovaugtSubject MBRC Planning Scheme Amendment Meeting 13062018 Graeme Kerry and Megan Thank you for your time yesterday Tony and I found the meeting most useful As discussed and agreed in principle
1 Council would document a series of proposed changes to the existing Planning SchemeAmendment that responds to the States direction to remove reference to the CIA andassociated service area non-service area concepts (see attached)
2 Subject to an iterative process between the State and council this information would thenform the basis of a conditional approval of the current major scheme amendment amp
3 The existing amendment would then be finalised by way of a conditional approval consistentwith points 1 and 2 above ASAP
Please find attached a first draft table outlining what are considered to be the necessary changesto the current amendment We would welcome your thoughts on this so that we can continue todevelop its contents with you I note you indicated that for this approach to be utilised you would need to be comfortable thatthe type of changes proposed did not constitute a substantial change As a consequence we haveincluded a column (Substantial change) that includes our appraisal of each proposed change Againwe would welcome your thoughts on this matter also
RTI1819-035-DSDMIP - Page 24 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
It would be good to progress this matter ASAP In doing so it would be appreciated if you couldadvise when you consider you may be able to provide a response to these initial draftrepresentations In the interim should you require anything further please let me know Regards Stewart PentlandDirectorPlanning and Economic DevelopmentMoreton Bay Regional Council2 Hasking Street Caboolture Qld 4510P 07 5433 2023MEmail stewartpentlandmoretonbayqldgovauwwwmoretonbayqldgovau
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in this e-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are not anamed recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legalprivilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete all copiesimmediately and contact the sender to advise of the errorIt is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liability forloss or damage arising directly or indirectly from opening this email opening any attachments or any communication errorsThe views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
This email and any attachments may contain confidential or privileged information and may be protected by copyright Youmust not use or disclose them other than for the purposes for which they were supplied The confidentiality and privilegeattached to this message and attachment is not waived by reason of mistaken delivery to you If you are not the intendedrecipient you must not use disclose retain forward or reproduce this message or any attachments If you receive this messagein error please notify the sender by return email or telephone and destroy and delete all copies The Department does notaccept any responsibility for any loss or damage that may result from reliance on or use of any information contained in thisemail andor attachments
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in this e-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are not anamed recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legalprivilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete all copiesimmediately and contact the sender to advise of the errorIt is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liability forloss or damage arising directly or indirectly from opening this email opening any attachments or any communication errorsThe views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 25 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
From Anthony MartiniTo Graeme BoltonCc Ann Abbott Stewart Pentland Kerry DossSubject RE Moreton Bay Regional Council - Amendment to Planning Scheme ProgressDate Wednesday 11 July 2018 114220 AMAttachments image002png
Thank you for your e-mail Graeme I look forward to your further advices re this matter My reference to timing was based upon advice provided 2 weeks ago at a meeting betweenMBRC and the State that MBRC was to receive a draft condition set the following day Thanks Tony
From Graeme Bolton [mailtoGraemeBoltondsdmipqldgovau] Sent Tuesday 10 July 2018 658 PMTo Anthony Martini ltAnthonyMartinimoretonbayqldgovaugtCc Ann Abbott ltAnnAbbottmoretonbayqldgovaugt Stewart PentlandltStewartPentlandmoretonbayqldgovaugt Kerry Doss ltKerryDossdsdmipqldgovaugtSubject RE Moreton Bay Regional Council - Amendment to Planning Scheme Progress Good afternoon Tony Thank you for your email below I do apologise for not being able to take your call I was in ameeting and then subsequently on a teleconference when you phoned As discussed last week we met with DTMR officers who agreed to provide us with additionalinformation by tomorrow We greatly appreciate the councilrsquos willingness to work with the department to find a wayforward However given the complexity of the amendments it is not as easy as you portray tohave ldquoremoved the CIA and the servicenon service area referencesrdquo All we have at this point intime is a high level table with expressed intent To give effect to this intent involves significantchanges to the proposed amendment and carries a very high risk of unintended consequencesfor the operation of the planning scheme and potential lawfulness of the amendment I amextremely concerned about agreeing to something now only to find out after the Minister hasconditionally approved the amendment that the expressed intent cannot be delivered We are endeavouring to find a solution I will advise further once we have received theadditional information from DTMR Regards Graeme
RTI1819-035-DSDMIP - Page 26 of 55
Graeme BoltonExecutive Director Planning and Development ServicesPlanning GroupDepartment of State Development Manufacturing Infrastructure and Planning---------------------------------------------------------------------------------------------------------------------------------------------
P 07 3452 6741 MLevel 13 1 William Street Brisbane QLD 4000PO Box 15009 City East QLD 4002wwwdsdmipqldgovau
From Anthony Martini [mailtoAnthonyMartinimoretonbayqldgovau] Sent Tuesday 10 July 2018 108 PMTo Graeme Bolton ltGraemeBoltondsdmipqldgovaugtCc Ann Abbott ltAnnAbbottmoretonbayqldgovaugt Stewart PentlandltStewartPentlandmoretonbayqldgovaugt Kerry Doss ltKerryDossdsdmipqldgovaugtSubject Moreton Bay Regional Council - Amendment to Planning Scheme Progress Hi Graeme Appreciate that you are busy however I have endeavoured to make contact with you over thepast few days for the purposes of understanding where we are at with regards to receiving apartial or full draft condition set to the amendment to the planning scheme It is nearly 4 weeks since we first met at which meeting MBRC offered to remove the CIA andservice areas non service areas from the amendment and provided shortly thereafter a tablesummary of these changes for further discussion and guidance for the State and MBRC to workthrough You have advised that these changes are agreed in principle You have also advised that thechanges need to be worked through I am in a position where I need some information from you as to what is occurring and when toprovide to the CEO and Mayor From MBRCrsquos perspective we have undertaken all that has beenasked of MBRC - removed the CIA and the servicenon service area references Is there anythingelse which MBRC needs to consider I await your advice Thanks Tony
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in thise-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are not
RTI1819-035-DSDMIP - Page 27 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
a named recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legalprivilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete allcopies immediately and contact the sender to advise of the errorIt is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liabilityfor loss or damage arising directly or indirectly from opening this email opening any attachments or any communication errorsThe views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
This email and any attachments may contain confidential or privileged information and may be protected by copyright Youmust not use or disclose them other than for the purposes for which they were supplied The confidentiality and privilegeattached to this message and attachment is not waived by reason of mistaken delivery to you If you are not the intendedrecipient you must not use disclose retain forward or reproduce this message or any attachments If you receive thismessage in error please notify the sender by return email or telephone and destroy and delete all copies The Departmentdoes not accept any responsibility for any loss or damage that may result from reliance on or use of any informationcontained in this email andor attachments
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in thise-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are nota named recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legalprivilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete allcopies immediately and contact the sender to advise of the errorIt is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liabilityfor loss or damage arising directly or indirectly from opening this email opening any attachments or any communication errorsThe views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 28 of 55
1
Anne Wood
Subject Discussion regarding DILGPs position and proposed changes to MBRC - Major Amendment 2Location ltlt1 William Street (1WS) - 36 Floor - Meet 3614gtgt
Organizer Cindy WaltonRequired AttendeesCindy Walton Barbara Ryan Christine ONeill kateislesmoretonbayqldgovau
stewartpentlandmoretonbayqldgovau Graeme Bolton Tess PickeringOptional AttendeesBen Caldwell Ian Wright
Booking Confirmation Your room booking has been accepted with the following booking confirmation details below Building 1 William Street (1WS) Floor 36 Room Meet 3614 Room Setup Meeting Room Info Number Attending 12 Date 12 May 2017 From 1100AM To 1230PM Booked By Cindy Walton Host Cindy Walton Booking ID148766 To Join the meeting please dial sip+61730272906qgaaadqldgovau Notes Recurrence Dates Note 1 If you have booked conferencing resources please cut and paste above meeting details to the Outlook meeting invitation and send update 2 For an audio connection users dial the number only 3 For video (Skype) connections users dial the full address
Organizer Anthony MartiniResources Room - Strathpine Room 2A
Good morning The venue for this meeting is Councilrsquos Strathpine office at 220 Gympie Road Strathpine Entrance to the office is via Customer Service in Hall Street where parking is available on street Upon arrival at customer service you will be asked to complete visitor paperwork and then escorted to meeting room 2A Should you have any queries regarding this meeting request please contact me as below Kind regards Ann Abbott Operations Coordinator Engineering Construction amp Maintenance Moreton Bay Regional Council Stage 3 220 Gympie Road Strathpine P 07 3480 6233 E annabbottmoretonbayqldgovau
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in this e-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are not a named recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legal privilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete all copies immediately and contact the sender to advise of the error It is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liability for loss or damage arising directly or indirectly from opening this email opening any attachments or any communication errors The views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 30 of 55
1
Anne Wood
Subject MBRC Location 1 William St Level 12 Room 1214
Shortly you will receive an email invite to enter 1 William st with instructions on what you will need to provide to
Concierge
I will meet your party in the foyer once you have signed in
Kind regards
Anne
Anne Wood AExecutive Assistant Planning and Development Services | Brisbane Department of State Development Manufacturing Infrastructure and Planning Level 13 1 William St Brisbane QLD 4000 p 07 3452 7115 | e annewooddilgpqldgovau
RTI1819-035-DSDMIP - Page 31 of 55
From Graeme BoltonTo Anthony MartiniCc Stewart Pentland Kerry Doss Megan BayntunSubject RE MBRC Planning Scheme Amendment Meeting 13062018Date Friday 22 June 2018 64200 PMAttachments image001png
Dear Tony Please accept my apologies for not being able to get back to you earlier today As indicated in mymessage I was unexpectedly tied up all afternoon in an emergent and urgent issue I have reviewed the provided table and support in principle the matters identified in column fourIn respect to the matters identified in column five I can understand and again support in theprinciple the need for additional changes However the extent of changes will need to satisfy thesignificantly different test This is something that the department and Minister cannot resolvefrom This may mean that the desired changes may need to be tempered with what can besupported at this point in time and further decisions made by the council in respect to the riskprofile and whether or not to proceed with particular elements In addition to the above we have examined a couple of mechanisms that may be open to theMinister in deciding the proposed amendment In short we are exploring (a) the ability to partrefuse and part approve subject to conditions or (b) to solely condition The key consideration isto ensure whatever recommendation is made to the Minister the eventual decision can withstandclose scrutiny In both options given the volume of changes we would be also recommending tothe Minister a closing condition that requires the council to submit the changed amendment forendorsement by the Chief Executive prior to adoption by the council Finally as discussed at our last meeting through the second state interest review the Departmentof Environment and Science (DES) identified concerns in relation to koala habitat and the WarnerInvestigation Area structure plan I have been chasing (and have not yet received) additionalinformation and mapping from DES in relation to this At this point in time we would be looking toinclude a condition addresses the protection of the remaining koala habitat I am hoping to getgreater clarity and certainty on this (in terms of scale and location) in the coming days I will give you a call on Monday to discuss Please do not hesitate to contact me in the interimshould you have questions or concerns Regards Graeme
Graeme BoltonExecutive Director Planning and Development ServicesPlanning GroupDepartment of State Development Manufacturing Infrastructure and Planning---------------------------------------------------------------------------------------------------------------------------------------------
P 07 3452 6741 MLevel 13 1 William Street Brisbane QLD 4000
RTI1819-035-DSDMIP - Page 32 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
Summary of Proposed Planning Scheme Amendment
MBRC policy end Current MBRC Planning Scheme
Advertised Proposed Planning Scheme
Amendment
Amended Proposed Planning Scheme
Amendment
Other necessary changes to achieve MBRC policy end
Substantial change
Warner growth area - o Enable conversion of existing
industryrural residential to transition to residential outcomes
o Conversion consistent with the SEQ Regional Plan identification of Warner for growth
Industry zone and rural residential surrounded by existing residential and main roads Preliminary approval (Variation) would involve - Impact assessment - Major non-compliance with the
assessment benchmarks
- Zone change to Emerging
Community - Overlay map - Structure
planned area - Level of assessment - Service Area - RAL Code
assessment No Service Area - RAL
Impact assessment
Changes - Delete reference to CIA - Delete reference to service area
non service area Result - No change to Overlay map -
Structure planned area - Level of Assessment - RAL
Code assessment
Strengthening of assessment benchmarks required in the Emerging Community Zone Code andor RAL Code - Emerging Community Zone to assist code assessment
No Maintain overlay map as advertised maintain Level of Assessment remove reference to CIA and remove reference to Service Area and Non-Service Area
Caboolture West growth area - (Area 1) - o Enable Area 1 to proceed to
development including residential and local centre
o Consistent with the SEQ Regional Planrsquos identification of Caboolture West as an expansion area
Preliminary approval (Variation) would involve - Impact assessment - Major non-compliance with the
assessment benchmarks without a Neighhourhood Development Plan for Area 1
- Area 1 - Overlay map -
Structure planned area - Level of assessment Service Area - RAL Code
assessment Non Service Area - RAL
Impact assessment
Changes - Delete reference to CIA - Delete reference to service area
non service area Result - No change to Overlay map -
Structure planned area - Level of assessment - RAL Code
assessment for SPA1
Strengthening of assessment benchmarks required in the Local Plan Zone Code andor RAL Code - Emerging Community Zone to assist code assessment
No Maintain overlay map as advertised maintain Level of Assessment remove reference to CIA remove reference to Service Area and Non-Service Area
Caboolture West growth area - (Balance of Caboolture West) - o Enable subsequent stages to
be structure planned and released through future scheme amendments
Preliminary approval (Variation) would involve - Impact assessment - Major non-compliance with the
assessment benchmarks without a Neighhourhood Development Plan for the relevant area
- Overlay map - Future Structure
plan area - Level of assessment - Impact assessment
Changes - Delete reference to CIA - Delete reference to service area
non service area Result - No change to Overlay map -
Future Structure plan area - Level of assessment - Impact
assessment
Revisit strategic framework to delete CIA and ensure strategic outcomes accurately reflect the future timing of these fronts
No Maintain overlay map as advertised remove reference to CIA Minor change to the strategic framework
Other growth areas to be structure planned and held subject to planning infrastructure requirements and financial obligations being determined o Morayfield o Burpengary east o Narangba east o Joyner
RAL application would involve - Code assessment - Major non-compliance with the
assessment benchmarks in the absence of integrated land use and infrastructure planning
MCU application would involve impact assessment
- Overlay Map - Future structure
planned area - Level of assessment - RAL
Impact assessment - Major non-compliance with the
assessment benchmarks in the absence of integrated land use and infrastructure planning including the strategic outcomes
Changes - Delete references to CIA in the
strategic framework - Delete references to service
area non service area Result - No change to Overlay map -
Future structure planned area
Revisit strategic framework to delete CIA and ensure strategic outcomes accurately reflect the future timing of these fronts
No Maintain overlay map as advertised maintain Level of Assessment and remove reference to CIA
MBRC policy end Current MBRC Planning
Scheme Advertised Proposed
Planning Scheme Amendment
Amended Proposed Planning Scheme
Amendment
Other necessary changes to achieve MBRC policy end
Substantial change
- No change to Level of assessment - RAL Impact assessment
Balance of Proposed Planning Scheme Amendment
Not applicable
Changes proposed (carports setbacks sheds etc)
No further changes to the proposed Planning Scheme Amendment as provided post consultation
Not applicable
Not applicable
PO Box 15009 City East QLD 4002wwwdsdmipqldgovau
From Stewart Pentland [mailtoStewartPentlandmoretonbayqldgovau] Sent Thursday 14 June 2018 1234 PMTo Kerry Doss ltKerryDossdsdmipqldgovaugt Graeme BoltonltGraemeBoltondsdmipqldgovaugt Megan Bayntun ltMeganBayntundsdmipqldgovaugtCc Anthony Martini ltAnthonyMartinimoretonbayqldgovaugtSubject MBRC Planning Scheme Amendment Meeting 13062018 Graeme Kerry and Megan Thank you for your time yesterday Tony and I found the meeting most useful As discussed and agreed in principle
1 Council would document a series of proposed changes to the existing Planning SchemeAmendment that responds to the States direction to remove reference to the CIA andassociated service area non-service area concepts (see attached)
2 Subject to an iterative process between the State and council this information would thenform the basis of a conditional approval of the current major scheme amendment amp
3 The existing amendment would then be finalised by way of a conditional approval consistentwith points 1 and 2 above ASAP
Please find attached a first draft table outlining what are considered to be the necessary changesto the current amendment We would welcome your thoughts on this so that we can continue todevelop its contents with you I note you indicated that for this approach to be utilised you would need to be comfortable thatthe type of changes proposed did not constitute a substantial change As a consequence we haveincluded a column (Substantial change) that includes our appraisal of each proposed change Againwe would welcome your thoughts on this matter also It would be good to progress this matter ASAP In doing so it would be appreciated if you couldadvise when you consider you may be able to provide a response to these initial draftrepresentations In the interim should you require anything further please let me know Regards Stewart PentlandDirectorPlanning and Economic DevelopmentMoreton Bay Regional Council2 Hasking Street Caboolture Qld 4510P 07 5433 2023M Email stewartpentlandmoretonbayqldgovauwwwmoretonbayqldgovau
RTI1819-035-DSDMIP - Page 33 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in this e-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are not anamed recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legalprivilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete all copiesimmediately and contact the sender to advise of the errorIt is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liability forloss or damage arising directly or indirectly from opening this email opening any attachments or any communication errorsThe views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 34 of 55
Summary of Proposed Planning Scheme Amendment
MBRC policy end Current MBRC Planning Scheme
Advertised Proposed Planning Scheme
Amendment
Amended Proposed Planning Scheme
Amendment
Other necessary changes to achieve MBRC policy end
Substantial change
Warner growth area - o Enable conversion of existing
industryrural residential to transition to residential outcomes
o Conversion consistent with the SEQ Regional Plan identification of Warner for growth
Industry zone and rural residential surrounded by existing residential and main roads Preliminary approval (Variation) would involve - Impact assessment - Major non-compliance with the
assessment benchmarks
- Zone change to Emerging
Community - Overlay map - Structure
planned area - Level of assessment - Service Area - RAL Code
assessment No Service Area - RAL
Impact assessment
Changes - Delete reference to CIA - Delete reference to service area
non service area Result - No change to Overlay map -
Structure planned area - Level of Assessment - RAL
Code assessment
Strengthening of assessment benchmarks required in the Emerging Community Zone Code andor RAL Code - Emerging Community Zone to assist code assessment
No Maintain overlay map as advertised maintain Level of Assessment remove reference to CIA and remove reference to Service Area and Non-Service Area
Caboolture West growth area - (Area 1) - o Enable Area 1 to proceed to
development including residential and local centre
o Consistent with the SEQ Regional Planrsquos identification of Caboolture West as an expansion area
Preliminary approval (Variation) would involve - Impact assessment - Major non-compliance with the
assessment benchmarks without a Neighhourhood Development Plan for Area 1
- Area 1 - Overlay map -
Structure planned area - Level of assessment Service Area - RAL Code
assessment Non Service Area - RAL
Impact assessment
Changes - Delete reference to CIA - Delete reference to service area
non service area Result - No change to Overlay map -
Structure planned area - Level of assessment - RAL Code
assessment for SPA1
Strengthening of assessment benchmarks required in the Local Plan Zone Code andor RAL Code - Emerging Community Zone to assist code assessment
No Maintain overlay map as advertised maintain Level of Assessment remove reference to CIA remove reference to Service Area and Non-Service Area
Caboolture West growth area - (Balance of Caboolture West) - o Enable subsequent stages to
be structure planned and released through future scheme amendments
Preliminary approval (Variation) would involve - Impact assessment - Major non-compliance with the
assessment benchmarks without a Neighhourhood Development Plan for the relevant area
- Overlay map - Future Structure
plan area - Level of assessment - Impact assessment
Changes - Delete reference to CIA - Delete reference to service area
non service area Result - No change to Overlay map -
Future Structure plan area - Level of assessment - Impact
assessment
Revisit strategic framework to delete CIA and ensure strategic outcomes accurately reflect the future timing of these fronts
No Maintain overlay map as advertised remove reference to CIA Minor change to the strategic framework
Other growth areas to be structure planned and held subject to planning infrastructure requirements and financial obligations being determined o Morayfield o Burpengary east o Narangba east o Joyner
RAL application would involve - Code assessment - Major non-compliance with the
assessment benchmarks in the absence of integrated land use and infrastructure planning
MCU application would involve impact assessment
- Overlay Map - Future structure
planned area - Level of assessment - RAL
Impact assessment - Major non-compliance with the
assessment benchmarks in the absence of integrated land use and infrastructure planning including the strategic outcomes
Changes - Delete references to CIA in the
strategic framework - Delete references to service
area non service area Result - No change to Overlay map -
Future structure planned area
Revisit strategic framework to delete CIA and ensure strategic outcomes accurately reflect the future timing of these fronts
No Maintain overlay map as advertised maintain Level of Assessment and remove reference to CIA
RTI1819-035-DSDMIP - Page 35 of 55
MBRC policy end Current MBRC Planning
Scheme Advertised Proposed
Planning Scheme Amendment
Amended Proposed Planning Scheme
Amendment
Other necessary changes to achieve MBRC policy end
Substantial change
- No change to Level of assessment - RAL Impact assessment
Balance of Proposed Planning Scheme Amendment
Not applicable
Changes proposed (carports setbacks sheds etc)
No further changes to the proposed Planning Scheme Amendment as provided post consultation
Not applicable
Not applicable
RTI1819-035-DSDMIP - Page 36 of 55
From Graeme BoltonTo Stewart Pentland Kerry Doss Megan BayntunCc Anthony MartiniSubject RE MBRC Planning Scheme Amendment Meeting 13062018Date Monday 18 June 2018 82200 AMAttachments image001png
image002jpg
Hi Stewart Thank you for providing the attached table and below information As per Kerryrsquos email we willreview and respond as soon as possible Regards Graeme
Graeme BoltonExecutive Director Planning and Development ServicesPlanning GroupDepartment of State Development Manufacturing Infrastructure and Planning---------------------------------------------------------------------------------------------------------------------------------------------
P 07 3452 6741 MLevel 13 1 William Street Brisbane QLD 4000PO Box 15009 City East QLD 4002wwwdsdmipqldgovau
From Stewart Pentland [mailtoStewartPentlandmoretonbayqldgovau] Sent Thursday 14 June 2018 1234 PMTo Kerry Doss ltKerryDossdsdmipqldgovaugt Graeme BoltonltGraemeBoltondsdmipqldgovaugt Megan Bayntun ltMeganBayntundsdmipqldgovaugtCc Anthony Martini ltAnthonyMartinimoretonbayqldgovaugtSubject MBRC Planning Scheme Amendment Meeting 13062018 Graeme Kerry and Megan Thank you for your time yesterday Tony and I found the meeting most useful As discussed and agreed in principle
1 Council would document a series of proposed changes to the existing Planning SchemeAmendment that responds to the States direction to remove reference to the CIA andassociated service area non-service area concepts (see attached)
2 Subject to an iterative process between the State and council this information would thenform the basis of a conditional approval of the current major scheme amendment amp
3 The existing amendment would then be finalised by way of a conditional approval consistentwith points 1 and 2 above ASAP
RTI1819-035-DSDMIP - Page 37 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
Please find attached a first draft table outlining what are considered to be the necessary changesto the current amendment We would welcome your thoughts on this so that we can continue todevelop its contents with you I note you indicated that for this approach to be utilised you would need to be comfortable thatthe type of changes proposed did not constitute a substantial change As a consequence we haveincluded a column (Substantial change) that includes our appraisal of each proposed change Againwe would welcome your thoughts on this matter also It would be good to progress this matter ASAP In doing so it would be appreciated if you couldadvise when you consider you may be able to provide a response to these initial draftrepresentations In the interim should you require anything further please let me know Regards Stewart PentlandDirectorPlanning and Economic DevelopmentMoreton Bay Regional Council2 Hasking Street Caboolture Qld 4510P 07 5433 2023M Email stewartpentlandmoretonbayqldgovauwwwmoretonbayqldgovau CCR3_email_signhr
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in this e-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are not anamed recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legalprivilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete all copiesimmediately and contact the sender to advise of the errorIt is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liability forloss or damage arising directly or indirectly from opening this email opening any attachments or any communication errorsThe views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 38 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
From Graeme BoltonTo Anthony MartiniCc Ann Abbott Stewart Pentland Kerry DossSubject RE Moreton Bay Regional Council - Amendment to Planning Scheme ProgressDate Tuesday 10 July 2018 65800 PMAttachments image001png
Good afternoon Tony Thank you for your email below I do apologise for not being able to take your call I was in ameeting and then subsequently on a teleconference when you phoned As discussed last week we met with DTMR officers who agreed to provide us with additionalinformation by tomorrow We greatly appreciate the councilrsquos willingness to work with the department to find a wayforward However given the complexity of the amendments it is not as easy as you portray tohave ldquoremoved the CIA and the servicenon service area referencesrdquo All we have at this point intime is a high level table with expressed intent To give effect to this intent involves significantchanges to the proposed amendment and carries a very high risk of unintended consequencesfor the operation of the planning scheme and potential lawfulness of the amendment I amextremely concerned about agreeing to something now only to find out after the Minister hasconditionally approved the amendment that the expressed intent cannot be delivered We are endeavouring to find a solution I will advise further once we have received theadditional information from DTMR Regards Graeme
Graeme BoltonExecutive Director Planning and Development ServicesPlanning GroupDepartment of State Development Manufacturing Infrastructure and Planning--------------------------------------------------------------- ---------------------------
P 07 3452 6741 MLevel 13 1 William Street Brisbane QLD 4000PO Box 15009 City East QLD 4002wwwdsdmipqldgovau
From Anthony Martini [mailtoAnthonyMartinimoretonbayqldgovau] Sent Tuesday 10 July 2018 108 PMTo Graeme Bolton ltGraemeBoltondsdmipqldgovaugtCc Ann Abbott ltAnnAbbottmoretonbayqldgovaugt Stewart PentlandltStewartPentlandmoretonbayqldgovaugt Kerry Doss ltKerryDossdsdmipqldgovaugtSubject Moreton Bay Regional Council - Amendment to Planning Scheme Progress
RTI1819-035-DSDMIP - Page 39 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
Hi Graeme Appreciate that you are busy however I have endeavoured to make contact with you over thepast few days for the purposes of understanding where we are at with regards to receiving apartial or full draft condition set to the amendment to the planning scheme It is nearly 4 weeks since we first met at which meeting MBRC offered to remove the CIA andservice areas non service areas from the amendment and provided shortly thereafter a tablesummary of these changes for further discussion and guidance for the State and MBRC to workthrough You have advised that these changes are agreed in principle You have also advised that thechanges need to be worked through I am in a position where I need some information from you as to what is occurring and when toprovide to the CEO and Mayor From MBRCrsquos perspective we have undertaken all that has beenasked of MBRC - removed the CIA and the servicenon service area references Is there anythingelse which MBRC needs to consider I await your advice Thanks Tony
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in thise-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are nota named recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legalprivilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete allcopies immediately and contact the sender to advise of the errorIt is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liabilityfor loss or damage arising directly or indirectly from opening this email opening any attachments or any communication errorsThe views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 40 of 55
From Graeme BoltonTo Anthony MartiniCc Stewart Pentland Kerry Doss Garth NolanSubject RE Update on draft conditionsDate Thursday 5 July 2018 30400 PMAttachments image001png
image002png
Hi Tony I appreciate your concerns and we are progressing this as fast as possible As you can alsohopefully appreciate the amendment in its own right is a very large and complex document Thechanges being proposed are not unsubstantial and have multiple unintended consequencesmany of which have the potential to adversely affect matters of state interest As such we aretrying to resolve these to an acceptable level (for the state) before sharing these with you I will forward these to you as soon as possible Regards Graeme
Graeme BoltonExecutive Director Planning and Development ServicesPlanning GroupDepartment of State Development Manufacturing Infrastructure and Planning---------------------------------------------------------------------------------------------------------------------------------------------
P 07 3452 6741 MLevel 13 1 William Street Brisbane QLD 4000PO Box 15009 City East QLD 4002wwwdsdmipqldgovau
From Anthony Martini [mailtoAnthonyMartinimoretonbayqldgovau] Sent Tuesday 3 July 2018 543 PMTo Graeme Bolton ltGraemeBoltondsdmipqldgovaugtCc Stewart Pentland ltStewartPentlandmoretonbayqldgovaugt Kerry DossltKerryDossdsdmipqldgovaugt Garth Nolan ltGarthNolandsdmipqldgovaugtSubject RE Update on draft conditions Hi Graeme Thank you for the update It would be good to catch up sooner rather than later as it is fast approaching 3 weeks since ourinitial meeting I can advise that the Mayor sought advice from me as to where the amendmentwas at - as I had advised him 10 days ago that a draft set was to be available with a day or so As discussed our preference is to collaboratively work on the content of the draft conditions Itwould be appreciated if you could send through the balance of the approval and conditions now
RTI1819-035-DSDMIP - Page 41 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
this will enable us to get the process moving Thanks Tony
From Graeme Bolton [mailtoGraemeBoltondsdmipqldgovau] Sent Tuesday 3 July 2018 307 PMTo Anthony Martini ltAnthonyMartinimoretonbayqldgovaugtCc Stewart Pentland ltStewartPentlandmoretonbayqldgovaugt Kerry DossltKerryDossdsdmipqldgovaugt Garth Nolan ltGarthNolandsdmipqldgovaugtSubject Update on draft conditions Hi Tony As previously advised I met with senior officers from DTMR today to discuss some concernstheyrsquove raised in respect to conditioning the proposed amendment I believe we have a wayforward and DTMR are working on a couple of options as a matter of priority I am expecting tohave something back from DTMR mid next week We will continue to work closely with them totry and get something out sooner As previously discussed we will share the draft conditions once we are satisfied with them Wewould be happy to work with you to ensure they are workable from councilrsquos perspective Regards Graeme
Graeme BoltonExecutive Director Planning and Development ServicesPlanning GroupDepartment of State Development Manufacturing Infrastructure and Planning---------------------------------------------------------------- -------------------------------
P 07 3452 6741 MLevel 13 1 William Street Brisbane QLD 4000PO Box 15009 City East QLD 4002wwwdsdmipqldgovau
This email and any attachments may contain confidential or privileged information and may be protected by copyright Youmust not use or disclose them other than for the purposes for which they were supplied The confidentiality and privilegeattached to this message and attachment is not waived by reason of mistaken delivery to you If you are not the intendedrecipient you must not use disclose retain forward or reproduce this message or any attachments If you receive thismessage in error please notify the sender by return email or telephone and destroy and delete all copies The Departmentdoes not accept any responsibility for any loss or damage that may result from reliance on or use of any informationcontained in this email andor attachments
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in this
e-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are not
RTI1819-035-DSDMIP - Page 42 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
a named recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legal
privilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete all
copies immediately and contact the sender to advise of the error
It is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liability
for loss or damage arising directly or indirectly from opening this email opening any attachments or any communication errors
The views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 43 of 55
RTI1819-035-DSDMIP - Page 44 of 55
RTI1819-035-DSDMIP - Page 45 of 55
RTI1819-035-DSDMIP - Page 46 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
RTI1819-035-DSDMIP - Page 47 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
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RTI1819-035-DSDMIP - Page 53 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
RTI1819-035-DSDMIP - Page 54 of 55
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Irrelevant information deleted under section 73 of the RTI Act
1
Anne Wood
From Anthony Martini ltAnthonyMartinimoretonbayqldgovaugtSent Friday 27 July 2018 516 PMTo Kerry Doss Graeme BoltonSubject Contact details
Hi folks Look forward to receiving your letter As advised we briefed the Council yesterday following our meeting The Council is expecting a further briefing next Tuesday Thanks Tony M E Anthonymartinimoretonbayqldgovau
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in this e-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are not a named recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legal privilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete all copies immediately and contact the sender to advise of the error It is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liability for loss or damage arising directly or indirectly from opening this email opening any attachments or any communication errors The views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 6 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
1
Anne Wood
From Stewart Pentland ltStewartPentlandmoretonbayqldgovaugtSent Thursday 14 June 2018 1234 PMTo Kerry Doss Graeme Bolton Megan BayntunCc Anthony MartiniSubject MBRC Planning Scheme Amendment Meeting 13062018Attachments 130608 Revised Proposed MBRC Planning Scheme Amendment (002)pdf
Graeme Kerry and Megan Thank you for your time yesterday Tony and I found the meeting most useful As discussed and agreed in principle
1 Council would document a series of proposed changes to the existing Planning Scheme Amendment that responds to the States direction to remove reference to the CIA and associated service area non‐service area concepts (see attached)
2 Subject to an iterative process between the State and council this information would then form the basis of a conditional approval of the current major scheme amendment amp
3 The existing amendment would then be finalised by way of a conditional approval consistent with points 1 and 2 above ASAP
Please find attached a first draft table outlining what are considered to be the necessary changes to the current amendment We would welcome your thoughts on this so that we can continue to develop its contents with you I note you indicated that for this approach to be utilised you would need to be comfortable that the type of changes proposed did not constitute a substantial change As a consequence we have included a column (Substantial change) that includes our appraisal of each proposed change Again we would welcome your thoughts on this matter also It would be good to progress this matter ASAP In doing so it would be appreciated if you could advise when you consider you may be able to provide a response to these initial draft representations In the interim should you require anything further please let me know Regards Stewart Pentland Director Planning and Economic Development Moreton Bay Regional Council 2 Hasking Street Caboolture Qld 4510 P 07 5433 2023 M Email stewartpentlandmoretonbayqldgovau wwwmoretonbayqldgovau
RTI1819-035-DSDMIP - Page 7 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
2
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in this e-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are not a named recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legal privilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete all copies immediately and contact the sender to advise of the error It is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liability for loss or damage arising directly or indirectly from opening this email opening any attachments or any communication errors The views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 8 of 55
Summary of Proposed Planning Scheme Amendment
MBRC policy end Current MBRC Planning Scheme
Advertised Proposed Planning Scheme
Amendment
Amended Proposed Planning Scheme
Amendment
Other necessary changes to achieve MBRC policy end
Substantial change
Warner growth area - o Enable conversion of existing
industryrural residential to transition to residential outcomes
o Conversion consistent with the SEQ Regional Plan identification of Warner for growth
Industry zone and rural residential surrounded by existing residential and main roads Preliminary approval (Variation) would involve - Impact assessment - Major non-compliance with the
assessment benchmarks
- Zone change to Emerging
Community - Overlay map - Structure
planned area - Level of assessment - Service Area - RAL Code
assessment No Service Area - RAL
Impact assessment
Changes - Delete reference to CIA - Delete reference to service area
non service area Result - No change to Overlay map -
Structure planned area - Level of Assessment - RAL
Code assessment
Strengthening of assessment benchmarks required in the Emerging Community Zone Code andor RAL Code - Emerging Community Zone to assist code assessment
No Maintain overlay map as advertised maintain Level of Assessment remove reference to CIA and remove reference to Service Area and Non-Service Area
Caboolture West growth area - (Area 1) - o Enable Area 1 to proceed to
development including residential and local centre
o Consistent with the SEQ Regional Planrsquos identification of Caboolture West as an expansion area
Preliminary approval (Variation) would involve - Impact assessment - Major non-compliance with the
assessment benchmarks without a Neighhourhood Development Plan for Area 1
- Area 1 - Overlay map -
Structure planned area - Level of assessment Service Area - RAL Code
assessment Non Service Area - RAL
Impact assessment
Changes - Delete reference to CIA - Delete reference to service area
non service area Result - No change to Overlay map -
Structure planned area - Level of assessment - RAL Code
assessment for SPA1
Strengthening of assessment benchmarks required in the Local Plan Zone Code andor RAL Code - Emerging Community Zone to assist code assessment
No Maintain overlay map as advertised maintain Level of Assessment remove reference to CIA remove reference to Service Area and Non-Service Area
Caboolture West growth area - (Balance of Caboolture West) - o Enable subsequent stages to
be structure planned and released through future scheme amendments
Preliminary approval (Variation) would involve - Impact assessment - Major non-compliance with the
assessment benchmarks without a Neighhourhood Development Plan for the relevant area
- Overlay map - Future Structure
plan area - Level of assessment - Impact assessment
Changes - Delete reference to CIA - Delete reference to service area
non service area Result - No change to Overlay map -
Future Structure plan area - Level of assessment - Impact
assessment
Revisit strategic framework to delete CIA and ensure strategic outcomes accurately reflect the future timing of these fronts
No Maintain overlay map as advertised remove reference to CIA Minor change to the strategic framework
Other growth areas to be structure planned and held subject to planning infrastructure requirements and financial obligations being determined o Morayfield o Burpengary east o Narangba east o Joyner
RAL application would involve - Code assessment - Major non-compliance with the
assessment benchmarks in the absence of integrated land use and infrastructure planning
MCU application would involve impact assessment
- Overlay Map - Future structure
planned area - Level of assessment - RAL
Impact assessment - Major non-compliance with the
assessment benchmarks in the absence of integrated land use and infrastructure planning including the strategic outcomes
Changes - Delete references to CIA in the
strategic framework - Delete references to service
area non service area Result - No change to Overlay map -
Future structure planned area
Revisit strategic framework to delete CIA and ensure strategic outcomes accurately reflect the future timing of these fronts
No Maintain overlay map as advertised maintain Level of Assessment and remove reference to CIA
RTI1819-035-DSDMIP - Page 9 of 55
MBRC policy end Current MBRC Planning
Scheme Advertised Proposed
Planning Scheme Amendment
Amended Proposed Planning Scheme
Amendment
Other necessary changes to achieve MBRC policy end
Substantial change
- No change to Level of assessment - RAL Impact assessment
Balance of Proposed Planning Scheme Amendment
Not applicable
Changes proposed (carports setbacks sheds etc)
No further changes to the proposed Planning Scheme Amendment as provided post consultation
Not applicable
Not applicable
RTI1819-035-DSDMIP - Page 10 of 55
1
Anne Wood
From Anthony Martini ltAnthonyMartinimoretonbayqldgovaugtSent Tuesday 10 July 2018 108 PMTo Graeme BoltonCc Ann Abbott Stewart Pentland Kerry DossSubject Moreton Bay Regional Council - Amendment to Planning Scheme Progress
Hi Graeme Appreciate that you are busy however I have endeavoured to make contact with you over the past few days for the purposes of understanding where we are at with regards to receiving a partial or full draft condition set to the amendment to the planning scheme It is nearly 4 weeks since we first met at which meeting MBRC offered to remove the CIA and service areas non service areas from the amendment and provided shortly thereafter a table summary of these changes for further discussion and guidance for the State and MBRC to work through You have advised that these changes are agreed in principle You have also advised that the changes need to be worked through I am in a position where I need some information from you as to what is occurring and when to provide to the CEO and Mayor From MBRCrsquos perspective we have undertaken all that has been asked of MBRC ‐ removed the CIA and the servicenon service area references Is there anything else which MBRC needs to consider I await your advice Thanks Tony
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in this e-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are not a named recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legal privilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete all copies immediately and contact the sender to advise of the error It is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liability for loss or damage arising directly or indirectly from opening this email opening any attachments or any communication errors The views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 11 of 55
1
Anne Wood
From Anthony Martini ltAnthonyMartinimoretonbayqldgovaugtSent Tuesday 17 July 2018 234 PMTo Graeme BoltonCc Ann Abbott Kerry Doss Stewart PentlandSubject Planning Scheme Amendment
Hi Graeme I have sought not to bother you this past week with requests for updates Stewart and I are briefing the Council next Tuesday as to the current status of MBRCrsquos planning scheme amendment Can you please advise where the State is at by this Friday such that the information we provide the Council is current Have you received information you sought from DTMR last Wednesday I await your advice Thanks Tony
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in this e-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are not a named recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legal privilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete all copies immediately and contact the sender to advise of the error It is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liability for loss or damage arising directly or indirectly from opening this email opening any attachments or any communication errors The views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 12 of 55
1
Anne Wood
From Kerry DossSent Friday 27 July 2018 551 PMTo Anthony MartiniCc Graeme BoltonSubject RE Contact detailsAttachments DDG letter to Anthony Martinipdf
Hi Anthony Letter as requested Please feel free to call should you require any clarification regards
Kerry Doss Deputy Director‐General Planning Group Department of State Development Manufacturing Infrastructure and Planning ---------------------------------------------------------------------------------------------------------------------------------------------
P 07 3452 7909 ME kerrydossdsdmipqldgovau Level 13 1 William Street Brisbane QLD 4000 PO Box 15009 City East QLD 4002 wwwdsdmipqldgovau
From Anthony Martini ltAnthonyMartinimoretonbayqldgovaugt Sent Friday 27 July 2018 516 PM To Kerry Doss ltKerryDossdsdmipqldgovaugt Graeme Bolton ltGraemeBoltondsdmipqldgovaugt Subject Contact details Hi folks Look forward to receiving your letter As advised we briefed the Council yesterday following our meeting The Council is expecting a further briefing next Tuesday Thanks Tony ME Anthonymartinimoretonbayqldgovau
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in this e-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are not a named recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legal privilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete all copies immediately and contact the sender to advise of the error It is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liability for loss or damage arising directly or indirectly from opening this email opening any attachments or any communication errors The views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 13 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
Our ref OUT185247
27 July 2018 Mr Anthony Martini Deputy CEO Director Engineering Construction and Maintenance Moreton Bay Regional Council PO Box 159 CABOOLTURE QLD 4510 Dear Anthony I refer to the 26 July 2018 meeting between yourself Mr Stewart Pentland Mr Graeme Bolton and myself to discuss the proposed Major Amendment 2 (the proposed amendment) to the Moreton Bay Regional Council (the council) planning scheme As you are aware the department has assessed the proposed amendment and cannot support a recommendation to approve the proposed amendment due to the proposed Coordinating Infrastructure Agreement associated provisions (the CIA) and outstanding matters of state interest It was agreed that the Department of State Development Manufacturing Infrastructure and Planning (the department) would consider if it could support approving the proposed amendment subject to conditions to enable the minor elements not associated with structure planning and the CIA to proceed It was understood that these minor elements related to provisions such as development code requirements (eg setback provisions for carports) various overlay maps (eg the walking distance map) and codes and various minor provisions (eg animal husbandry) In particular it was understood that this did not include elements relating to the CIA including structure planned areas which are contingent on the CIA provisions Notwithstanding this understanding the department agreed that it would consider a broader range of changes as proposed in Mr Pentlandrsquos email of 14 June 2018 As discussed at our 26 July 2018 meeting the department has undertaken investigations and has concluded it cannot support a recommendation to approve the proposed amendment subject to conditions This is based on matters of state interest relating to transport infrastructure biodiversity values and the consideration of the significantly different test
RTI1819-035-DSDMIP - Page 14 of 55
Page 2 of 2
As discussed there a number of options available to the council 1 The council formally resolves and withdraws the proposed amendment and
commences a new amendment process As discussed the department would be highly supportive of utilising section 18 of the Planning Act 2016 to create a tailored amendment process (that does not require further public consultation) for the minor elements and a second tailored process (potentially requiring further public consultation) for the structure planning elements of the proposed amendment
OR 2 The council formally places the amendment process on hold and resubmits a
revised version of the proposed amendment Please note that should the council choose this option it will need to satisfy itself that the changes made do not result in a significantly different version of the proposed amendment than the version that underwent public consultation Please be advised that the Planning Minister in addition to the council will also need to be satisfied that the changes made do not result in a significantly different version of the proposed amendment then that which underwent public consultation The department is of the view (noting that it has not seen any possible changes) that it is highly likely that any changes made in respect to removing the CIA from the proposed amendment will be likely to result in a significantly different version
OR 3 The Planning Minister considers and decides the proposed amendment in its
current form
As discussed in respect to options 1 and 2 above the department is strongly supportive of coordinating the input of the Department of Transport and Main Roads and the Department of Environment and Science to resolve the outstanding matters of state interest It would be greatly appreciated if the council could formally advise the department of its preferred option by close of business on Friday 10 August 2018 If no advice has been received by this date the department will progress the proposed amendment for the Planning Ministerrsquos considers and decision in its current form If you require any further information please contact Mr Graeme Bolton Executive Director Planning Group Department of State Development Manufacturing Infrastructure and Planning on (07) 3452 6741 or Graemeboltondsdmipqldgovau who will be pleased to assist Yours sincerely
Kerry Doss Deputy Director-General
RTI1819-035-DSDMIP - Page 15 of 55
1
Anne Wood
From Kerry DossSent Saturday 16 June 2018 1034 AMTo Stewart Pentland Graeme Bolton Megan BayntunCc Anthony MartiniSubject Re MBRC Planning Scheme Amendment Meeting 13062018
Thanks Stuart We will consider and come back to you Regards Kerry Doss Kerry Doss Deputy Director‐General Planning Group Department of State Development Manufacturing Infrastructure amp Planning P 07 3452 7909 ME kerry dossdsdmip qldgovau
From Stewart Pentland ltStewartPentlandmoretonbayqldgovaugt Sent Thursday June 14 2018 123348 PM To Kerry Doss Graeme Bolton Megan Bayntun Cc Anthony Martini Subject MBRC Planning Scheme Amendment Meeting 13062018 Graeme Kerry and Megan Thank you for your time yesterday Tony and I found the meeting most useful As discussed and agreed in principle
1 Council would document a series of proposed changes to the existing Planning Scheme Amendment that responds to the States direction to remove reference to the CIA and associated service area non‐service area concepts (see attached)
2 Subject to an iterative process between the State and council this information would then form the basis of a conditional approval of the current major scheme amendment amp
3 The existing amendment would then be finalised by way of a conditional approval consistent with points 1 and 2 above ASAP
Please find attached a first draft table outlining what are considered to be the necessary changes to the current amendment We would welcome your thoughts on this so that we can continue to develop its contents with you I note you indicated that for this approach to be utilised you would need to be comfortable that the type of changes proposed did not constitute a substantial change As a consequence we have included a column (Substantial change) that includes our appraisal of each proposed change Again we would welcome your thoughts on this matter also It would be good to progress this matter ASAP In doing so it would be appreciated if you could advise when you consider you may be able to provide a response to these initial draft representations In the interim should you require anything further please let me know
RTI1819-035-DSDMIP - Page 16 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
2
Regards Stewart Pentland Director Planning and Economic Development Moreton Bay Regional Council 2 Hasking Street Caboolture Qld 4510 P 07 5433 2023 MEmail stewartpentlandmoretonbayqldgovau wwwmoretonbayqldgovau
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in this e-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are not a named recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legal privilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete all copies immediately and contact the sender to advise of the error It is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liability for loss or damage arising directly or indirectly from opening this email opening any attachments or any communication errors The views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 17 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
1
Anne Wood
From Stewart Pentland ltStewartPentlandmoretonbayqldgovaugtSent Tuesday 10 July 2018 839 PMTo Graeme BoltonCc Anthony Martini Ann Abbott Kerry DossSubject Re Moreton Bay Regional Council - Amendment to Planning Scheme Progress
Graeme I am concerned your response is straying from what council understood to be our agreement It is important from Councils perspective that the conditions are developed collaboratively Once agreement has been achieved on the conditions content they would then be finalised This was our agreement as we understood it Beyond this it is Councils responsibility to then amend its own scheme and then collaborate with the state on the proposed changes that respond to your conditions As previously discussed and agreed this would occur through a tracked change version of the scheme that we would iterate with you until agreement had been achieved Our appraisal is that those sections of the scheme included in the lsquohigh level tablersquo will be those sections of the scheme that require amendment If the above is no longer the agreement please confirm ASAP Regards Stewart
Sent from SWP iPhone On 10 Jul 2018 at 658 pm Graeme Bolton ltGraemeBoltondsdmipqldgovaugt wrote
Good afternoon Tony Thank you for your email below I do apologise for not being able to take your call I was in a meeting and then subsequently on a teleconference when you phoned As discussed last week we met with DTMR officers who agreed to provide us with additional information by tomorrow We greatly appreciate the councilrsquos willingness to work with the department to find a way forward However given the complexity of the amendments it is not as easy as you portray to have ldquoremoved the CIA and the servicenon service area referencesrdquo All we have at this point in time is a high level table with expressed intent To give effect to this intent involves significant changes to the proposed amendment and carries a very high risk of unintended consequences for the operation of the planning scheme and potential lawfulness of the amendment I am extremely concerned about agreeing to something now only to find out after the Minister has conditionally approved the amendment that the expressed intent cannot be delivered We are endeavouring to find a solution I will advise further once we have received the additional information from DTMR Regards Graeme
RTI1819-035-DSDMIP - Page 18 of 55
2
ltimage001pnggt Graeme Bolton Executive Director Planning and Development Services Planning Group Department of State Development Manufacturing Infrastructure and Planning --------------------------------------------------------------------------------------------------------------------------------------------- P 07 3452 6741 MLevel 13 1 William Street Brisbane QLD 4000 PO Box 15009 City East QLD 4002 wwwdsdmipqldgovau
From Anthony Martini [mailtoAnthonyMartinimoretonbayqldgovau] Sent Tuesday 10 July 2018 108 PM To Graeme Bolton ltGraemeBoltondsdmipqldgovaugt Cc Ann Abbott ltAnnAbbottmoretonbayqldgovaugt Stewart Pentland ltStewartPentlandmoretonbayqldgovaugt Kerry Doss ltKerryDossdsdmipqldgovaugt Subject Moreton Bay Regional Council ‐ Amendment to Planning Scheme Progress Hi Graeme Appreciate that you are busy however I have endeavoured to make contact with you over the past few days for the purposes of understanding where we are at with regards to receiving a partial or full draft condition set to the amendment to the planning scheme It is nearly 4 weeks since we first met at which meeting MBRC offered to remove the CIA and service areas non service areas from the amendment and provided shortly thereafter a table summary of these changes for further discussion and guidance for the State and MBRC to work through You have advised that these changes are agreed in principle You have also advised that the changes need to be worked through I am in a position where I need some information from you as to what is occurring and when to provide to the CEO and Mayor From MBRCrsquos perspective we have undertaken all that has been asked of MBRC ‐ removed the CIA and the servicenon service area references Is there anything else which MBRC needs to consider I await your advice Thanks Tony
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in this e-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are not a named recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legal privilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete all copies immediately and contact the sender to advise of the error It is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liability for loss or damage arising directly or indirectly from opening this email opening any attachments or any communication errors The views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 19 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in this e-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are not a named recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legal privilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete all copies immediately and contact the sender to advise of the error It is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liability for loss or damage arising directly or indirectly from opening this email opening any attachments or any communication errors The views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 20 of 55
1
Anne Wood
From Anthony Martini ltAnthonyMartinimoretonbayqldgovaugtSent Tuesday 3 July 2018 543 PMTo Graeme BoltonCc Stewart Pentland Kerry Doss Garth NolanSubject RE Update on draft conditions
Hi Graeme
Thank you for the update
It would be good to catch up sooner rather than later as it is fast approaching 3 weeks since our initial meeting I
can advise that the Mayor sought advice from me as to where the amendment was at ‐ as I had advised him 10 days
ago that a draft set was to be available with a day or so
As discussed our preference is to collaboratively work on the content of the draft conditions It would be
appreciated if you could send through the balance of the approval and conditions now this will enable us to get the
process moving
Thanks
Tony
From Graeme Bolton [mailtoGraemeBoltondsdmipqldgovau] Sent Tuesday 3 July 2018 307 PM To Anthony Martini ltAnthonyMartinimoretonbayqldgovaugt Cc Stewart Pentland ltStewartPentlandmoretonbayqldgovaugt Kerry Doss ltKerryDossdsdmipqldgovaugt Garth Nolan ltGarthNolandsdmipqldgovaugt Subject Update on draft conditions
Hi Tony
As previously advised I met with senior officers from DTMR today to discuss some concerns theyrsquove raised in
respect to conditioning the proposed amendment I believe we have a way forward and DTMR are working on a
couple of options as a matter of priority I am expecting to have something back from DTMR mid next week We will
continue to work closely with them to try and get something out sooner
As previously discussed we will share the draft conditions once we are satisfied with them We would be happy to
work with you to ensure they are workable from councilrsquos perspective Regards Graeme
RTI1819-035-DSDMIP - Page 21 of 55
2
Graeme Bolton Executive Director Planning and Development Services Planning Group Department of State Development Manufacturing Infrastructure and Planning ---------------------------------------------------------------------------------------------------------------------------------------------
P 07 3452 6741 MLevel 13 1 William Street Brisbane QLD 4000 PO Box 15009 City East QLD 4002 wwwdsdmipqldgovau
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in this e-mail and any
attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are not a named recipient any use of this
information including copying distribution and publication is prohibited Confidentiality and legal privilege are not waived or lost as a result of mistaken or
erroneous delivery If you are not a named recipient please delete all copies immediately and contact the sender to advise of the error
It is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liability for loss or damage
arising directly or indirectly from opening this email opening any attachments or any communication errors
The views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 22 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
From Anthony MartiniTo Graeme BoltonCc Stewart Pentland Kerry Doss Megan BayntunSubject RE MBRC Planning Scheme Amendment Meeting 13062018Date Monday 25 June 2018 80656 AMAttachments image002png
Hi Graeme As per texts over the weekend - Stewart and I will see you from 1030am this morning Thanks Tony
From Graeme Bolton [mailtoGraemeBoltondsdmipqldgovau] Sent Friday 22 June 2018 643 PMTo Anthony Martini ltAnthonyMartinimoretonbayqldgovaugtCc Stewart Pentland ltStewartPentlandmoretonbayqldgovaugt Kerry DossltKerryDossdsdmipqldgovaugt Megan Bayntun ltMeganBayntundsdmipqldgovaugtSubject RE MBRC Planning Scheme Amendment Meeting 13062018 Dear Tony Please accept my apologies for not being able to get back to you earlier today As indicated in mymessage I was unexpectedly tied up all afternoon in an emergent and urgent issue I have reviewed the provided table and support in principle the matters identified in column fourIn respect to the matters identified in column five I can understand and again support in theprinciple the need for additional changes However the extent of changes will need to satisfy thesignificantly different test This is something that the department and Minister cannot resolvefrom This may mean that the desired changes may need to be tempered with what can besupported at this point in time and further decisions made by the council in respect to the riskprofile and whether or not to proceed with particular elements In addition to the above we have examined a couple of mechanisms that may be open to theMinister in deciding the proposed amendment In short we are exploring (a) the ability to partrefuse and part approve subject to conditions or (b) to solely condition The key consideration isto ensure whatever recommendation is made to the Minister the eventual decision can withstandclose scrutiny In both options given the volume of changes we would be also recommending tothe Minister a closing condition that requires the council to submit the changed amendment forendorsement by the Chief Executive prior to adoption by the council Finally as discussed at our last meeting through the second state interest review the Departmentof Environment and Science (DES) identified concerns in relation to koala habitat and the WarnerInvestigation Area structure plan I have been chasing (and have not yet received) additionalinformation and mapping from DES in relation to this At this point in time we would be looking toinclude a condition addresses the protection of the remaining koala habitat I am hoping to getgreater clarity and certainty on this (in terms of scale and location) in the coming days
RTI1819-035-DSDMIP - Page 23 of 55
I will give you a call on Monday to discuss Please do not hesitate to contact me in the interimshould you have questions or concerns Regards Graeme
Graeme BoltonExecutive Director Planning and Development ServicesPlanning GroupDepartment of State Development Manufacturing Infrastructure and Planning---------------------------------------------------------------------------------------------------------------------------------------------
P 07 3452 6741 MLevel 13 1 William Street Brisbane QLD 4000PO Box 15009 City East QLD 4002wwwdsdmipqldgovau
From Stewart Pentland [mailtoStewartPentlandmoretonbayqldgovau] Sent Thursday 14 June 2018 1234 PMTo Kerry Doss ltKerryDossdsdmipqldgovaugt Graeme BoltonltGraemeBoltondsdmipqldgovaugt Megan Bayntun ltMeganBayntundsdmipqldgovaugtCc Anthony Martini ltAnthonyMartinimoretonbayqldgovaugtSubject MBRC Planning Scheme Amendment Meeting 13062018 Graeme Kerry and Megan Thank you for your time yesterday Tony and I found the meeting most useful As discussed and agreed in principle
1 Council would document a series of proposed changes to the existing Planning SchemeAmendment that responds to the States direction to remove reference to the CIA andassociated service area non-service area concepts (see attached)
2 Subject to an iterative process between the State and council this information would thenform the basis of a conditional approval of the current major scheme amendment amp
3 The existing amendment would then be finalised by way of a conditional approval consistentwith points 1 and 2 above ASAP
Please find attached a first draft table outlining what are considered to be the necessary changesto the current amendment We would welcome your thoughts on this so that we can continue todevelop its contents with you I note you indicated that for this approach to be utilised you would need to be comfortable thatthe type of changes proposed did not constitute a substantial change As a consequence we haveincluded a column (Substantial change) that includes our appraisal of each proposed change Againwe would welcome your thoughts on this matter also
RTI1819-035-DSDMIP - Page 24 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
It would be good to progress this matter ASAP In doing so it would be appreciated if you couldadvise when you consider you may be able to provide a response to these initial draftrepresentations In the interim should you require anything further please let me know Regards Stewart PentlandDirectorPlanning and Economic DevelopmentMoreton Bay Regional Council2 Hasking Street Caboolture Qld 4510P 07 5433 2023MEmail stewartpentlandmoretonbayqldgovauwwwmoretonbayqldgovau
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in this e-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are not anamed recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legalprivilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete all copiesimmediately and contact the sender to advise of the errorIt is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liability forloss or damage arising directly or indirectly from opening this email opening any attachments or any communication errorsThe views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
This email and any attachments may contain confidential or privileged information and may be protected by copyright Youmust not use or disclose them other than for the purposes for which they were supplied The confidentiality and privilegeattached to this message and attachment is not waived by reason of mistaken delivery to you If you are not the intendedrecipient you must not use disclose retain forward or reproduce this message or any attachments If you receive this messagein error please notify the sender by return email or telephone and destroy and delete all copies The Department does notaccept any responsibility for any loss or damage that may result from reliance on or use of any information contained in thisemail andor attachments
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in this e-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are not anamed recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legalprivilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete all copiesimmediately and contact the sender to advise of the errorIt is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liability forloss or damage arising directly or indirectly from opening this email opening any attachments or any communication errorsThe views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 25 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
From Anthony MartiniTo Graeme BoltonCc Ann Abbott Stewart Pentland Kerry DossSubject RE Moreton Bay Regional Council - Amendment to Planning Scheme ProgressDate Wednesday 11 July 2018 114220 AMAttachments image002png
Thank you for your e-mail Graeme I look forward to your further advices re this matter My reference to timing was based upon advice provided 2 weeks ago at a meeting betweenMBRC and the State that MBRC was to receive a draft condition set the following day Thanks Tony
From Graeme Bolton [mailtoGraemeBoltondsdmipqldgovau] Sent Tuesday 10 July 2018 658 PMTo Anthony Martini ltAnthonyMartinimoretonbayqldgovaugtCc Ann Abbott ltAnnAbbottmoretonbayqldgovaugt Stewart PentlandltStewartPentlandmoretonbayqldgovaugt Kerry Doss ltKerryDossdsdmipqldgovaugtSubject RE Moreton Bay Regional Council - Amendment to Planning Scheme Progress Good afternoon Tony Thank you for your email below I do apologise for not being able to take your call I was in ameeting and then subsequently on a teleconference when you phoned As discussed last week we met with DTMR officers who agreed to provide us with additionalinformation by tomorrow We greatly appreciate the councilrsquos willingness to work with the department to find a wayforward However given the complexity of the amendments it is not as easy as you portray tohave ldquoremoved the CIA and the servicenon service area referencesrdquo All we have at this point intime is a high level table with expressed intent To give effect to this intent involves significantchanges to the proposed amendment and carries a very high risk of unintended consequencesfor the operation of the planning scheme and potential lawfulness of the amendment I amextremely concerned about agreeing to something now only to find out after the Minister hasconditionally approved the amendment that the expressed intent cannot be delivered We are endeavouring to find a solution I will advise further once we have received theadditional information from DTMR Regards Graeme
RTI1819-035-DSDMIP - Page 26 of 55
Graeme BoltonExecutive Director Planning and Development ServicesPlanning GroupDepartment of State Development Manufacturing Infrastructure and Planning---------------------------------------------------------------------------------------------------------------------------------------------
P 07 3452 6741 MLevel 13 1 William Street Brisbane QLD 4000PO Box 15009 City East QLD 4002wwwdsdmipqldgovau
From Anthony Martini [mailtoAnthonyMartinimoretonbayqldgovau] Sent Tuesday 10 July 2018 108 PMTo Graeme Bolton ltGraemeBoltondsdmipqldgovaugtCc Ann Abbott ltAnnAbbottmoretonbayqldgovaugt Stewart PentlandltStewartPentlandmoretonbayqldgovaugt Kerry Doss ltKerryDossdsdmipqldgovaugtSubject Moreton Bay Regional Council - Amendment to Planning Scheme Progress Hi Graeme Appreciate that you are busy however I have endeavoured to make contact with you over thepast few days for the purposes of understanding where we are at with regards to receiving apartial or full draft condition set to the amendment to the planning scheme It is nearly 4 weeks since we first met at which meeting MBRC offered to remove the CIA andservice areas non service areas from the amendment and provided shortly thereafter a tablesummary of these changes for further discussion and guidance for the State and MBRC to workthrough You have advised that these changes are agreed in principle You have also advised that thechanges need to be worked through I am in a position where I need some information from you as to what is occurring and when toprovide to the CEO and Mayor From MBRCrsquos perspective we have undertaken all that has beenasked of MBRC - removed the CIA and the servicenon service area references Is there anythingelse which MBRC needs to consider I await your advice Thanks Tony
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in thise-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are not
RTI1819-035-DSDMIP - Page 27 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
a named recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legalprivilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete allcopies immediately and contact the sender to advise of the errorIt is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liabilityfor loss or damage arising directly or indirectly from opening this email opening any attachments or any communication errorsThe views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
This email and any attachments may contain confidential or privileged information and may be protected by copyright Youmust not use or disclose them other than for the purposes for which they were supplied The confidentiality and privilegeattached to this message and attachment is not waived by reason of mistaken delivery to you If you are not the intendedrecipient you must not use disclose retain forward or reproduce this message or any attachments If you receive thismessage in error please notify the sender by return email or telephone and destroy and delete all copies The Departmentdoes not accept any responsibility for any loss or damage that may result from reliance on or use of any informationcontained in this email andor attachments
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in thise-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are nota named recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legalprivilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete allcopies immediately and contact the sender to advise of the errorIt is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liabilityfor loss or damage arising directly or indirectly from opening this email opening any attachments or any communication errorsThe views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 28 of 55
1
Anne Wood
Subject Discussion regarding DILGPs position and proposed changes to MBRC - Major Amendment 2Location ltlt1 William Street (1WS) - 36 Floor - Meet 3614gtgt
Organizer Cindy WaltonRequired AttendeesCindy Walton Barbara Ryan Christine ONeill kateislesmoretonbayqldgovau
stewartpentlandmoretonbayqldgovau Graeme Bolton Tess PickeringOptional AttendeesBen Caldwell Ian Wright
Booking Confirmation Your room booking has been accepted with the following booking confirmation details below Building 1 William Street (1WS) Floor 36 Room Meet 3614 Room Setup Meeting Room Info Number Attending 12 Date 12 May 2017 From 1100AM To 1230PM Booked By Cindy Walton Host Cindy Walton Booking ID148766 To Join the meeting please dial sip+61730272906qgaaadqldgovau Notes Recurrence Dates Note 1 If you have booked conferencing resources please cut and paste above meeting details to the Outlook meeting invitation and send update 2 For an audio connection users dial the number only 3 For video (Skype) connections users dial the full address
Organizer Anthony MartiniResources Room - Strathpine Room 2A
Good morning The venue for this meeting is Councilrsquos Strathpine office at 220 Gympie Road Strathpine Entrance to the office is via Customer Service in Hall Street where parking is available on street Upon arrival at customer service you will be asked to complete visitor paperwork and then escorted to meeting room 2A Should you have any queries regarding this meeting request please contact me as below Kind regards Ann Abbott Operations Coordinator Engineering Construction amp Maintenance Moreton Bay Regional Council Stage 3 220 Gympie Road Strathpine P 07 3480 6233 E annabbottmoretonbayqldgovau
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in this e-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are not a named recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legal privilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete all copies immediately and contact the sender to advise of the error It is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liability for loss or damage arising directly or indirectly from opening this email opening any attachments or any communication errors The views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 30 of 55
1
Anne Wood
Subject MBRC Location 1 William St Level 12 Room 1214
Shortly you will receive an email invite to enter 1 William st with instructions on what you will need to provide to
Concierge
I will meet your party in the foyer once you have signed in
Kind regards
Anne
Anne Wood AExecutive Assistant Planning and Development Services | Brisbane Department of State Development Manufacturing Infrastructure and Planning Level 13 1 William St Brisbane QLD 4000 p 07 3452 7115 | e annewooddilgpqldgovau
RTI1819-035-DSDMIP - Page 31 of 55
From Graeme BoltonTo Anthony MartiniCc Stewart Pentland Kerry Doss Megan BayntunSubject RE MBRC Planning Scheme Amendment Meeting 13062018Date Friday 22 June 2018 64200 PMAttachments image001png
Dear Tony Please accept my apologies for not being able to get back to you earlier today As indicated in mymessage I was unexpectedly tied up all afternoon in an emergent and urgent issue I have reviewed the provided table and support in principle the matters identified in column fourIn respect to the matters identified in column five I can understand and again support in theprinciple the need for additional changes However the extent of changes will need to satisfy thesignificantly different test This is something that the department and Minister cannot resolvefrom This may mean that the desired changes may need to be tempered with what can besupported at this point in time and further decisions made by the council in respect to the riskprofile and whether or not to proceed with particular elements In addition to the above we have examined a couple of mechanisms that may be open to theMinister in deciding the proposed amendment In short we are exploring (a) the ability to partrefuse and part approve subject to conditions or (b) to solely condition The key consideration isto ensure whatever recommendation is made to the Minister the eventual decision can withstandclose scrutiny In both options given the volume of changes we would be also recommending tothe Minister a closing condition that requires the council to submit the changed amendment forendorsement by the Chief Executive prior to adoption by the council Finally as discussed at our last meeting through the second state interest review the Departmentof Environment and Science (DES) identified concerns in relation to koala habitat and the WarnerInvestigation Area structure plan I have been chasing (and have not yet received) additionalinformation and mapping from DES in relation to this At this point in time we would be looking toinclude a condition addresses the protection of the remaining koala habitat I am hoping to getgreater clarity and certainty on this (in terms of scale and location) in the coming days I will give you a call on Monday to discuss Please do not hesitate to contact me in the interimshould you have questions or concerns Regards Graeme
Graeme BoltonExecutive Director Planning and Development ServicesPlanning GroupDepartment of State Development Manufacturing Infrastructure and Planning---------------------------------------------------------------------------------------------------------------------------------------------
P 07 3452 6741 MLevel 13 1 William Street Brisbane QLD 4000
RTI1819-035-DSDMIP - Page 32 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
Summary of Proposed Planning Scheme Amendment
MBRC policy end Current MBRC Planning Scheme
Advertised Proposed Planning Scheme
Amendment
Amended Proposed Planning Scheme
Amendment
Other necessary changes to achieve MBRC policy end
Substantial change
Warner growth area - o Enable conversion of existing
industryrural residential to transition to residential outcomes
o Conversion consistent with the SEQ Regional Plan identification of Warner for growth
Industry zone and rural residential surrounded by existing residential and main roads Preliminary approval (Variation) would involve - Impact assessment - Major non-compliance with the
assessment benchmarks
- Zone change to Emerging
Community - Overlay map - Structure
planned area - Level of assessment - Service Area - RAL Code
assessment No Service Area - RAL
Impact assessment
Changes - Delete reference to CIA - Delete reference to service area
non service area Result - No change to Overlay map -
Structure planned area - Level of Assessment - RAL
Code assessment
Strengthening of assessment benchmarks required in the Emerging Community Zone Code andor RAL Code - Emerging Community Zone to assist code assessment
No Maintain overlay map as advertised maintain Level of Assessment remove reference to CIA and remove reference to Service Area and Non-Service Area
Caboolture West growth area - (Area 1) - o Enable Area 1 to proceed to
development including residential and local centre
o Consistent with the SEQ Regional Planrsquos identification of Caboolture West as an expansion area
Preliminary approval (Variation) would involve - Impact assessment - Major non-compliance with the
assessment benchmarks without a Neighhourhood Development Plan for Area 1
- Area 1 - Overlay map -
Structure planned area - Level of assessment Service Area - RAL Code
assessment Non Service Area - RAL
Impact assessment
Changes - Delete reference to CIA - Delete reference to service area
non service area Result - No change to Overlay map -
Structure planned area - Level of assessment - RAL Code
assessment for SPA1
Strengthening of assessment benchmarks required in the Local Plan Zone Code andor RAL Code - Emerging Community Zone to assist code assessment
No Maintain overlay map as advertised maintain Level of Assessment remove reference to CIA remove reference to Service Area and Non-Service Area
Caboolture West growth area - (Balance of Caboolture West) - o Enable subsequent stages to
be structure planned and released through future scheme amendments
Preliminary approval (Variation) would involve - Impact assessment - Major non-compliance with the
assessment benchmarks without a Neighhourhood Development Plan for the relevant area
- Overlay map - Future Structure
plan area - Level of assessment - Impact assessment
Changes - Delete reference to CIA - Delete reference to service area
non service area Result - No change to Overlay map -
Future Structure plan area - Level of assessment - Impact
assessment
Revisit strategic framework to delete CIA and ensure strategic outcomes accurately reflect the future timing of these fronts
No Maintain overlay map as advertised remove reference to CIA Minor change to the strategic framework
Other growth areas to be structure planned and held subject to planning infrastructure requirements and financial obligations being determined o Morayfield o Burpengary east o Narangba east o Joyner
RAL application would involve - Code assessment - Major non-compliance with the
assessment benchmarks in the absence of integrated land use and infrastructure planning
MCU application would involve impact assessment
- Overlay Map - Future structure
planned area - Level of assessment - RAL
Impact assessment - Major non-compliance with the
assessment benchmarks in the absence of integrated land use and infrastructure planning including the strategic outcomes
Changes - Delete references to CIA in the
strategic framework - Delete references to service
area non service area Result - No change to Overlay map -
Future structure planned area
Revisit strategic framework to delete CIA and ensure strategic outcomes accurately reflect the future timing of these fronts
No Maintain overlay map as advertised maintain Level of Assessment and remove reference to CIA
MBRC policy end Current MBRC Planning
Scheme Advertised Proposed
Planning Scheme Amendment
Amended Proposed Planning Scheme
Amendment
Other necessary changes to achieve MBRC policy end
Substantial change
- No change to Level of assessment - RAL Impact assessment
Balance of Proposed Planning Scheme Amendment
Not applicable
Changes proposed (carports setbacks sheds etc)
No further changes to the proposed Planning Scheme Amendment as provided post consultation
Not applicable
Not applicable
PO Box 15009 City East QLD 4002wwwdsdmipqldgovau
From Stewart Pentland [mailtoStewartPentlandmoretonbayqldgovau] Sent Thursday 14 June 2018 1234 PMTo Kerry Doss ltKerryDossdsdmipqldgovaugt Graeme BoltonltGraemeBoltondsdmipqldgovaugt Megan Bayntun ltMeganBayntundsdmipqldgovaugtCc Anthony Martini ltAnthonyMartinimoretonbayqldgovaugtSubject MBRC Planning Scheme Amendment Meeting 13062018 Graeme Kerry and Megan Thank you for your time yesterday Tony and I found the meeting most useful As discussed and agreed in principle
1 Council would document a series of proposed changes to the existing Planning SchemeAmendment that responds to the States direction to remove reference to the CIA andassociated service area non-service area concepts (see attached)
2 Subject to an iterative process between the State and council this information would thenform the basis of a conditional approval of the current major scheme amendment amp
3 The existing amendment would then be finalised by way of a conditional approval consistentwith points 1 and 2 above ASAP
Please find attached a first draft table outlining what are considered to be the necessary changesto the current amendment We would welcome your thoughts on this so that we can continue todevelop its contents with you I note you indicated that for this approach to be utilised you would need to be comfortable thatthe type of changes proposed did not constitute a substantial change As a consequence we haveincluded a column (Substantial change) that includes our appraisal of each proposed change Againwe would welcome your thoughts on this matter also It would be good to progress this matter ASAP In doing so it would be appreciated if you couldadvise when you consider you may be able to provide a response to these initial draftrepresentations In the interim should you require anything further please let me know Regards Stewart PentlandDirectorPlanning and Economic DevelopmentMoreton Bay Regional Council2 Hasking Street Caboolture Qld 4510P 07 5433 2023M Email stewartpentlandmoretonbayqldgovauwwwmoretonbayqldgovau
RTI1819-035-DSDMIP - Page 33 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in this e-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are not anamed recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legalprivilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete all copiesimmediately and contact the sender to advise of the errorIt is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liability forloss or damage arising directly or indirectly from opening this email opening any attachments or any communication errorsThe views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 34 of 55
Summary of Proposed Planning Scheme Amendment
MBRC policy end Current MBRC Planning Scheme
Advertised Proposed Planning Scheme
Amendment
Amended Proposed Planning Scheme
Amendment
Other necessary changes to achieve MBRC policy end
Substantial change
Warner growth area - o Enable conversion of existing
industryrural residential to transition to residential outcomes
o Conversion consistent with the SEQ Regional Plan identification of Warner for growth
Industry zone and rural residential surrounded by existing residential and main roads Preliminary approval (Variation) would involve - Impact assessment - Major non-compliance with the
assessment benchmarks
- Zone change to Emerging
Community - Overlay map - Structure
planned area - Level of assessment - Service Area - RAL Code
assessment No Service Area - RAL
Impact assessment
Changes - Delete reference to CIA - Delete reference to service area
non service area Result - No change to Overlay map -
Structure planned area - Level of Assessment - RAL
Code assessment
Strengthening of assessment benchmarks required in the Emerging Community Zone Code andor RAL Code - Emerging Community Zone to assist code assessment
No Maintain overlay map as advertised maintain Level of Assessment remove reference to CIA and remove reference to Service Area and Non-Service Area
Caboolture West growth area - (Area 1) - o Enable Area 1 to proceed to
development including residential and local centre
o Consistent with the SEQ Regional Planrsquos identification of Caboolture West as an expansion area
Preliminary approval (Variation) would involve - Impact assessment - Major non-compliance with the
assessment benchmarks without a Neighhourhood Development Plan for Area 1
- Area 1 - Overlay map -
Structure planned area - Level of assessment Service Area - RAL Code
assessment Non Service Area - RAL
Impact assessment
Changes - Delete reference to CIA - Delete reference to service area
non service area Result - No change to Overlay map -
Structure planned area - Level of assessment - RAL Code
assessment for SPA1
Strengthening of assessment benchmarks required in the Local Plan Zone Code andor RAL Code - Emerging Community Zone to assist code assessment
No Maintain overlay map as advertised maintain Level of Assessment remove reference to CIA remove reference to Service Area and Non-Service Area
Caboolture West growth area - (Balance of Caboolture West) - o Enable subsequent stages to
be structure planned and released through future scheme amendments
Preliminary approval (Variation) would involve - Impact assessment - Major non-compliance with the
assessment benchmarks without a Neighhourhood Development Plan for the relevant area
- Overlay map - Future Structure
plan area - Level of assessment - Impact assessment
Changes - Delete reference to CIA - Delete reference to service area
non service area Result - No change to Overlay map -
Future Structure plan area - Level of assessment - Impact
assessment
Revisit strategic framework to delete CIA and ensure strategic outcomes accurately reflect the future timing of these fronts
No Maintain overlay map as advertised remove reference to CIA Minor change to the strategic framework
Other growth areas to be structure planned and held subject to planning infrastructure requirements and financial obligations being determined o Morayfield o Burpengary east o Narangba east o Joyner
RAL application would involve - Code assessment - Major non-compliance with the
assessment benchmarks in the absence of integrated land use and infrastructure planning
MCU application would involve impact assessment
- Overlay Map - Future structure
planned area - Level of assessment - RAL
Impact assessment - Major non-compliance with the
assessment benchmarks in the absence of integrated land use and infrastructure planning including the strategic outcomes
Changes - Delete references to CIA in the
strategic framework - Delete references to service
area non service area Result - No change to Overlay map -
Future structure planned area
Revisit strategic framework to delete CIA and ensure strategic outcomes accurately reflect the future timing of these fronts
No Maintain overlay map as advertised maintain Level of Assessment and remove reference to CIA
RTI1819-035-DSDMIP - Page 35 of 55
MBRC policy end Current MBRC Planning
Scheme Advertised Proposed
Planning Scheme Amendment
Amended Proposed Planning Scheme
Amendment
Other necessary changes to achieve MBRC policy end
Substantial change
- No change to Level of assessment - RAL Impact assessment
Balance of Proposed Planning Scheme Amendment
Not applicable
Changes proposed (carports setbacks sheds etc)
No further changes to the proposed Planning Scheme Amendment as provided post consultation
Not applicable
Not applicable
RTI1819-035-DSDMIP - Page 36 of 55
From Graeme BoltonTo Stewart Pentland Kerry Doss Megan BayntunCc Anthony MartiniSubject RE MBRC Planning Scheme Amendment Meeting 13062018Date Monday 18 June 2018 82200 AMAttachments image001png
image002jpg
Hi Stewart Thank you for providing the attached table and below information As per Kerryrsquos email we willreview and respond as soon as possible Regards Graeme
Graeme BoltonExecutive Director Planning and Development ServicesPlanning GroupDepartment of State Development Manufacturing Infrastructure and Planning---------------------------------------------------------------------------------------------------------------------------------------------
P 07 3452 6741 MLevel 13 1 William Street Brisbane QLD 4000PO Box 15009 City East QLD 4002wwwdsdmipqldgovau
From Stewart Pentland [mailtoStewartPentlandmoretonbayqldgovau] Sent Thursday 14 June 2018 1234 PMTo Kerry Doss ltKerryDossdsdmipqldgovaugt Graeme BoltonltGraemeBoltondsdmipqldgovaugt Megan Bayntun ltMeganBayntundsdmipqldgovaugtCc Anthony Martini ltAnthonyMartinimoretonbayqldgovaugtSubject MBRC Planning Scheme Amendment Meeting 13062018 Graeme Kerry and Megan Thank you for your time yesterday Tony and I found the meeting most useful As discussed and agreed in principle
1 Council would document a series of proposed changes to the existing Planning SchemeAmendment that responds to the States direction to remove reference to the CIA andassociated service area non-service area concepts (see attached)
2 Subject to an iterative process between the State and council this information would thenform the basis of a conditional approval of the current major scheme amendment amp
3 The existing amendment would then be finalised by way of a conditional approval consistentwith points 1 and 2 above ASAP
RTI1819-035-DSDMIP - Page 37 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
Please find attached a first draft table outlining what are considered to be the necessary changesto the current amendment We would welcome your thoughts on this so that we can continue todevelop its contents with you I note you indicated that for this approach to be utilised you would need to be comfortable thatthe type of changes proposed did not constitute a substantial change As a consequence we haveincluded a column (Substantial change) that includes our appraisal of each proposed change Againwe would welcome your thoughts on this matter also It would be good to progress this matter ASAP In doing so it would be appreciated if you couldadvise when you consider you may be able to provide a response to these initial draftrepresentations In the interim should you require anything further please let me know Regards Stewart PentlandDirectorPlanning and Economic DevelopmentMoreton Bay Regional Council2 Hasking Street Caboolture Qld 4510P 07 5433 2023M Email stewartpentlandmoretonbayqldgovauwwwmoretonbayqldgovau CCR3_email_signhr
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in this e-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are not anamed recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legalprivilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete all copiesimmediately and contact the sender to advise of the errorIt is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liability forloss or damage arising directly or indirectly from opening this email opening any attachments or any communication errorsThe views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 38 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
From Graeme BoltonTo Anthony MartiniCc Ann Abbott Stewart Pentland Kerry DossSubject RE Moreton Bay Regional Council - Amendment to Planning Scheme ProgressDate Tuesday 10 July 2018 65800 PMAttachments image001png
Good afternoon Tony Thank you for your email below I do apologise for not being able to take your call I was in ameeting and then subsequently on a teleconference when you phoned As discussed last week we met with DTMR officers who agreed to provide us with additionalinformation by tomorrow We greatly appreciate the councilrsquos willingness to work with the department to find a wayforward However given the complexity of the amendments it is not as easy as you portray tohave ldquoremoved the CIA and the servicenon service area referencesrdquo All we have at this point intime is a high level table with expressed intent To give effect to this intent involves significantchanges to the proposed amendment and carries a very high risk of unintended consequencesfor the operation of the planning scheme and potential lawfulness of the amendment I amextremely concerned about agreeing to something now only to find out after the Minister hasconditionally approved the amendment that the expressed intent cannot be delivered We are endeavouring to find a solution I will advise further once we have received theadditional information from DTMR Regards Graeme
Graeme BoltonExecutive Director Planning and Development ServicesPlanning GroupDepartment of State Development Manufacturing Infrastructure and Planning--------------------------------------------------------------- ---------------------------
P 07 3452 6741 MLevel 13 1 William Street Brisbane QLD 4000PO Box 15009 City East QLD 4002wwwdsdmipqldgovau
From Anthony Martini [mailtoAnthonyMartinimoretonbayqldgovau] Sent Tuesday 10 July 2018 108 PMTo Graeme Bolton ltGraemeBoltondsdmipqldgovaugtCc Ann Abbott ltAnnAbbottmoretonbayqldgovaugt Stewart PentlandltStewartPentlandmoretonbayqldgovaugt Kerry Doss ltKerryDossdsdmipqldgovaugtSubject Moreton Bay Regional Council - Amendment to Planning Scheme Progress
RTI1819-035-DSDMIP - Page 39 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
Hi Graeme Appreciate that you are busy however I have endeavoured to make contact with you over thepast few days for the purposes of understanding where we are at with regards to receiving apartial or full draft condition set to the amendment to the planning scheme It is nearly 4 weeks since we first met at which meeting MBRC offered to remove the CIA andservice areas non service areas from the amendment and provided shortly thereafter a tablesummary of these changes for further discussion and guidance for the State and MBRC to workthrough You have advised that these changes are agreed in principle You have also advised that thechanges need to be worked through I am in a position where I need some information from you as to what is occurring and when toprovide to the CEO and Mayor From MBRCrsquos perspective we have undertaken all that has beenasked of MBRC - removed the CIA and the servicenon service area references Is there anythingelse which MBRC needs to consider I await your advice Thanks Tony
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in thise-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are nota named recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legalprivilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete allcopies immediately and contact the sender to advise of the errorIt is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liabilityfor loss or damage arising directly or indirectly from opening this email opening any attachments or any communication errorsThe views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 40 of 55
From Graeme BoltonTo Anthony MartiniCc Stewart Pentland Kerry Doss Garth NolanSubject RE Update on draft conditionsDate Thursday 5 July 2018 30400 PMAttachments image001png
image002png
Hi Tony I appreciate your concerns and we are progressing this as fast as possible As you can alsohopefully appreciate the amendment in its own right is a very large and complex document Thechanges being proposed are not unsubstantial and have multiple unintended consequencesmany of which have the potential to adversely affect matters of state interest As such we aretrying to resolve these to an acceptable level (for the state) before sharing these with you I will forward these to you as soon as possible Regards Graeme
Graeme BoltonExecutive Director Planning and Development ServicesPlanning GroupDepartment of State Development Manufacturing Infrastructure and Planning---------------------------------------------------------------------------------------------------------------------------------------------
P 07 3452 6741 MLevel 13 1 William Street Brisbane QLD 4000PO Box 15009 City East QLD 4002wwwdsdmipqldgovau
From Anthony Martini [mailtoAnthonyMartinimoretonbayqldgovau] Sent Tuesday 3 July 2018 543 PMTo Graeme Bolton ltGraemeBoltondsdmipqldgovaugtCc Stewart Pentland ltStewartPentlandmoretonbayqldgovaugt Kerry DossltKerryDossdsdmipqldgovaugt Garth Nolan ltGarthNolandsdmipqldgovaugtSubject RE Update on draft conditions Hi Graeme Thank you for the update It would be good to catch up sooner rather than later as it is fast approaching 3 weeks since ourinitial meeting I can advise that the Mayor sought advice from me as to where the amendmentwas at - as I had advised him 10 days ago that a draft set was to be available with a day or so As discussed our preference is to collaboratively work on the content of the draft conditions Itwould be appreciated if you could send through the balance of the approval and conditions now
RTI1819-035-DSDMIP - Page 41 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
this will enable us to get the process moving Thanks Tony
From Graeme Bolton [mailtoGraemeBoltondsdmipqldgovau] Sent Tuesday 3 July 2018 307 PMTo Anthony Martini ltAnthonyMartinimoretonbayqldgovaugtCc Stewart Pentland ltStewartPentlandmoretonbayqldgovaugt Kerry DossltKerryDossdsdmipqldgovaugt Garth Nolan ltGarthNolandsdmipqldgovaugtSubject Update on draft conditions Hi Tony As previously advised I met with senior officers from DTMR today to discuss some concernstheyrsquove raised in respect to conditioning the proposed amendment I believe we have a wayforward and DTMR are working on a couple of options as a matter of priority I am expecting tohave something back from DTMR mid next week We will continue to work closely with them totry and get something out sooner As previously discussed we will share the draft conditions once we are satisfied with them Wewould be happy to work with you to ensure they are workable from councilrsquos perspective Regards Graeme
Graeme BoltonExecutive Director Planning and Development ServicesPlanning GroupDepartment of State Development Manufacturing Infrastructure and Planning---------------------------------------------------------------- -------------------------------
P 07 3452 6741 MLevel 13 1 William Street Brisbane QLD 4000PO Box 15009 City East QLD 4002wwwdsdmipqldgovau
This email and any attachments may contain confidential or privileged information and may be protected by copyright Youmust not use or disclose them other than for the purposes for which they were supplied The confidentiality and privilegeattached to this message and attachment is not waived by reason of mistaken delivery to you If you are not the intendedrecipient you must not use disclose retain forward or reproduce this message or any attachments If you receive thismessage in error please notify the sender by return email or telephone and destroy and delete all copies The Departmentdoes not accept any responsibility for any loss or damage that may result from reliance on or use of any informationcontained in this email andor attachments
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in this
e-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are not
RTI1819-035-DSDMIP - Page 42 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
a named recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legal
privilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete all
copies immediately and contact the sender to advise of the error
It is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liability
for loss or damage arising directly or indirectly from opening this email opening any attachments or any communication errors
The views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 43 of 55
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Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
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Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
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Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
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Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
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RTI1819-035-DSDMIP - Page 55 of 55
1
Anne Wood
From Anthony Martini ltAnthonyMartinimoretonbayqldgovaugtSent Friday 27 July 2018 516 PMTo Kerry Doss Graeme BoltonSubject Contact details
Hi folks Look forward to receiving your letter As advised we briefed the Council yesterday following our meeting The Council is expecting a further briefing next Tuesday Thanks Tony M E Anthonymartinimoretonbayqldgovau
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in this e-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are not a named recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legal privilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete all copies immediately and contact the sender to advise of the error It is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liability for loss or damage arising directly or indirectly from opening this email opening any attachments or any communication errors The views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 6 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
1
Anne Wood
From Stewart Pentland ltStewartPentlandmoretonbayqldgovaugtSent Thursday 14 June 2018 1234 PMTo Kerry Doss Graeme Bolton Megan BayntunCc Anthony MartiniSubject MBRC Planning Scheme Amendment Meeting 13062018Attachments 130608 Revised Proposed MBRC Planning Scheme Amendment (002)pdf
Graeme Kerry and Megan Thank you for your time yesterday Tony and I found the meeting most useful As discussed and agreed in principle
1 Council would document a series of proposed changes to the existing Planning Scheme Amendment that responds to the States direction to remove reference to the CIA and associated service area non‐service area concepts (see attached)
2 Subject to an iterative process between the State and council this information would then form the basis of a conditional approval of the current major scheme amendment amp
3 The existing amendment would then be finalised by way of a conditional approval consistent with points 1 and 2 above ASAP
Please find attached a first draft table outlining what are considered to be the necessary changes to the current amendment We would welcome your thoughts on this so that we can continue to develop its contents with you I note you indicated that for this approach to be utilised you would need to be comfortable that the type of changes proposed did not constitute a substantial change As a consequence we have included a column (Substantial change) that includes our appraisal of each proposed change Again we would welcome your thoughts on this matter also It would be good to progress this matter ASAP In doing so it would be appreciated if you could advise when you consider you may be able to provide a response to these initial draft representations In the interim should you require anything further please let me know Regards Stewart Pentland Director Planning and Economic Development Moreton Bay Regional Council 2 Hasking Street Caboolture Qld 4510 P 07 5433 2023 M Email stewartpentlandmoretonbayqldgovau wwwmoretonbayqldgovau
RTI1819-035-DSDMIP - Page 7 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
2
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in this e-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are not a named recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legal privilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete all copies immediately and contact the sender to advise of the error It is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liability for loss or damage arising directly or indirectly from opening this email opening any attachments or any communication errors The views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 8 of 55
Summary of Proposed Planning Scheme Amendment
MBRC policy end Current MBRC Planning Scheme
Advertised Proposed Planning Scheme
Amendment
Amended Proposed Planning Scheme
Amendment
Other necessary changes to achieve MBRC policy end
Substantial change
Warner growth area - o Enable conversion of existing
industryrural residential to transition to residential outcomes
o Conversion consistent with the SEQ Regional Plan identification of Warner for growth
Industry zone and rural residential surrounded by existing residential and main roads Preliminary approval (Variation) would involve - Impact assessment - Major non-compliance with the
assessment benchmarks
- Zone change to Emerging
Community - Overlay map - Structure
planned area - Level of assessment - Service Area - RAL Code
assessment No Service Area - RAL
Impact assessment
Changes - Delete reference to CIA - Delete reference to service area
non service area Result - No change to Overlay map -
Structure planned area - Level of Assessment - RAL
Code assessment
Strengthening of assessment benchmarks required in the Emerging Community Zone Code andor RAL Code - Emerging Community Zone to assist code assessment
No Maintain overlay map as advertised maintain Level of Assessment remove reference to CIA and remove reference to Service Area and Non-Service Area
Caboolture West growth area - (Area 1) - o Enable Area 1 to proceed to
development including residential and local centre
o Consistent with the SEQ Regional Planrsquos identification of Caboolture West as an expansion area
Preliminary approval (Variation) would involve - Impact assessment - Major non-compliance with the
assessment benchmarks without a Neighhourhood Development Plan for Area 1
- Area 1 - Overlay map -
Structure planned area - Level of assessment Service Area - RAL Code
assessment Non Service Area - RAL
Impact assessment
Changes - Delete reference to CIA - Delete reference to service area
non service area Result - No change to Overlay map -
Structure planned area - Level of assessment - RAL Code
assessment for SPA1
Strengthening of assessment benchmarks required in the Local Plan Zone Code andor RAL Code - Emerging Community Zone to assist code assessment
No Maintain overlay map as advertised maintain Level of Assessment remove reference to CIA remove reference to Service Area and Non-Service Area
Caboolture West growth area - (Balance of Caboolture West) - o Enable subsequent stages to
be structure planned and released through future scheme amendments
Preliminary approval (Variation) would involve - Impact assessment - Major non-compliance with the
assessment benchmarks without a Neighhourhood Development Plan for the relevant area
- Overlay map - Future Structure
plan area - Level of assessment - Impact assessment
Changes - Delete reference to CIA - Delete reference to service area
non service area Result - No change to Overlay map -
Future Structure plan area - Level of assessment - Impact
assessment
Revisit strategic framework to delete CIA and ensure strategic outcomes accurately reflect the future timing of these fronts
No Maintain overlay map as advertised remove reference to CIA Minor change to the strategic framework
Other growth areas to be structure planned and held subject to planning infrastructure requirements and financial obligations being determined o Morayfield o Burpengary east o Narangba east o Joyner
RAL application would involve - Code assessment - Major non-compliance with the
assessment benchmarks in the absence of integrated land use and infrastructure planning
MCU application would involve impact assessment
- Overlay Map - Future structure
planned area - Level of assessment - RAL
Impact assessment - Major non-compliance with the
assessment benchmarks in the absence of integrated land use and infrastructure planning including the strategic outcomes
Changes - Delete references to CIA in the
strategic framework - Delete references to service
area non service area Result - No change to Overlay map -
Future structure planned area
Revisit strategic framework to delete CIA and ensure strategic outcomes accurately reflect the future timing of these fronts
No Maintain overlay map as advertised maintain Level of Assessment and remove reference to CIA
RTI1819-035-DSDMIP - Page 9 of 55
MBRC policy end Current MBRC Planning
Scheme Advertised Proposed
Planning Scheme Amendment
Amended Proposed Planning Scheme
Amendment
Other necessary changes to achieve MBRC policy end
Substantial change
- No change to Level of assessment - RAL Impact assessment
Balance of Proposed Planning Scheme Amendment
Not applicable
Changes proposed (carports setbacks sheds etc)
No further changes to the proposed Planning Scheme Amendment as provided post consultation
Not applicable
Not applicable
RTI1819-035-DSDMIP - Page 10 of 55
1
Anne Wood
From Anthony Martini ltAnthonyMartinimoretonbayqldgovaugtSent Tuesday 10 July 2018 108 PMTo Graeme BoltonCc Ann Abbott Stewart Pentland Kerry DossSubject Moreton Bay Regional Council - Amendment to Planning Scheme Progress
Hi Graeme Appreciate that you are busy however I have endeavoured to make contact with you over the past few days for the purposes of understanding where we are at with regards to receiving a partial or full draft condition set to the amendment to the planning scheme It is nearly 4 weeks since we first met at which meeting MBRC offered to remove the CIA and service areas non service areas from the amendment and provided shortly thereafter a table summary of these changes for further discussion and guidance for the State and MBRC to work through You have advised that these changes are agreed in principle You have also advised that the changes need to be worked through I am in a position where I need some information from you as to what is occurring and when to provide to the CEO and Mayor From MBRCrsquos perspective we have undertaken all that has been asked of MBRC ‐ removed the CIA and the servicenon service area references Is there anything else which MBRC needs to consider I await your advice Thanks Tony
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in this e-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are not a named recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legal privilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete all copies immediately and contact the sender to advise of the error It is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liability for loss or damage arising directly or indirectly from opening this email opening any attachments or any communication errors The views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 11 of 55
1
Anne Wood
From Anthony Martini ltAnthonyMartinimoretonbayqldgovaugtSent Tuesday 17 July 2018 234 PMTo Graeme BoltonCc Ann Abbott Kerry Doss Stewart PentlandSubject Planning Scheme Amendment
Hi Graeme I have sought not to bother you this past week with requests for updates Stewart and I are briefing the Council next Tuesday as to the current status of MBRCrsquos planning scheme amendment Can you please advise where the State is at by this Friday such that the information we provide the Council is current Have you received information you sought from DTMR last Wednesday I await your advice Thanks Tony
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in this e-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are not a named recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legal privilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete all copies immediately and contact the sender to advise of the error It is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liability for loss or damage arising directly or indirectly from opening this email opening any attachments or any communication errors The views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 12 of 55
1
Anne Wood
From Kerry DossSent Friday 27 July 2018 551 PMTo Anthony MartiniCc Graeme BoltonSubject RE Contact detailsAttachments DDG letter to Anthony Martinipdf
Hi Anthony Letter as requested Please feel free to call should you require any clarification regards
Kerry Doss Deputy Director‐General Planning Group Department of State Development Manufacturing Infrastructure and Planning ---------------------------------------------------------------------------------------------------------------------------------------------
P 07 3452 7909 ME kerrydossdsdmipqldgovau Level 13 1 William Street Brisbane QLD 4000 PO Box 15009 City East QLD 4002 wwwdsdmipqldgovau
From Anthony Martini ltAnthonyMartinimoretonbayqldgovaugt Sent Friday 27 July 2018 516 PM To Kerry Doss ltKerryDossdsdmipqldgovaugt Graeme Bolton ltGraemeBoltondsdmipqldgovaugt Subject Contact details Hi folks Look forward to receiving your letter As advised we briefed the Council yesterday following our meeting The Council is expecting a further briefing next Tuesday Thanks Tony ME Anthonymartinimoretonbayqldgovau
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in this e-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are not a named recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legal privilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete all copies immediately and contact the sender to advise of the error It is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liability for loss or damage arising directly or indirectly from opening this email opening any attachments or any communication errors The views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 13 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
Our ref OUT185247
27 July 2018 Mr Anthony Martini Deputy CEO Director Engineering Construction and Maintenance Moreton Bay Regional Council PO Box 159 CABOOLTURE QLD 4510 Dear Anthony I refer to the 26 July 2018 meeting between yourself Mr Stewart Pentland Mr Graeme Bolton and myself to discuss the proposed Major Amendment 2 (the proposed amendment) to the Moreton Bay Regional Council (the council) planning scheme As you are aware the department has assessed the proposed amendment and cannot support a recommendation to approve the proposed amendment due to the proposed Coordinating Infrastructure Agreement associated provisions (the CIA) and outstanding matters of state interest It was agreed that the Department of State Development Manufacturing Infrastructure and Planning (the department) would consider if it could support approving the proposed amendment subject to conditions to enable the minor elements not associated with structure planning and the CIA to proceed It was understood that these minor elements related to provisions such as development code requirements (eg setback provisions for carports) various overlay maps (eg the walking distance map) and codes and various minor provisions (eg animal husbandry) In particular it was understood that this did not include elements relating to the CIA including structure planned areas which are contingent on the CIA provisions Notwithstanding this understanding the department agreed that it would consider a broader range of changes as proposed in Mr Pentlandrsquos email of 14 June 2018 As discussed at our 26 July 2018 meeting the department has undertaken investigations and has concluded it cannot support a recommendation to approve the proposed amendment subject to conditions This is based on matters of state interest relating to transport infrastructure biodiversity values and the consideration of the significantly different test
RTI1819-035-DSDMIP - Page 14 of 55
Page 2 of 2
As discussed there a number of options available to the council 1 The council formally resolves and withdraws the proposed amendment and
commences a new amendment process As discussed the department would be highly supportive of utilising section 18 of the Planning Act 2016 to create a tailored amendment process (that does not require further public consultation) for the minor elements and a second tailored process (potentially requiring further public consultation) for the structure planning elements of the proposed amendment
OR 2 The council formally places the amendment process on hold and resubmits a
revised version of the proposed amendment Please note that should the council choose this option it will need to satisfy itself that the changes made do not result in a significantly different version of the proposed amendment than the version that underwent public consultation Please be advised that the Planning Minister in addition to the council will also need to be satisfied that the changes made do not result in a significantly different version of the proposed amendment then that which underwent public consultation The department is of the view (noting that it has not seen any possible changes) that it is highly likely that any changes made in respect to removing the CIA from the proposed amendment will be likely to result in a significantly different version
OR 3 The Planning Minister considers and decides the proposed amendment in its
current form
As discussed in respect to options 1 and 2 above the department is strongly supportive of coordinating the input of the Department of Transport and Main Roads and the Department of Environment and Science to resolve the outstanding matters of state interest It would be greatly appreciated if the council could formally advise the department of its preferred option by close of business on Friday 10 August 2018 If no advice has been received by this date the department will progress the proposed amendment for the Planning Ministerrsquos considers and decision in its current form If you require any further information please contact Mr Graeme Bolton Executive Director Planning Group Department of State Development Manufacturing Infrastructure and Planning on (07) 3452 6741 or Graemeboltondsdmipqldgovau who will be pleased to assist Yours sincerely
Kerry Doss Deputy Director-General
RTI1819-035-DSDMIP - Page 15 of 55
1
Anne Wood
From Kerry DossSent Saturday 16 June 2018 1034 AMTo Stewart Pentland Graeme Bolton Megan BayntunCc Anthony MartiniSubject Re MBRC Planning Scheme Amendment Meeting 13062018
Thanks Stuart We will consider and come back to you Regards Kerry Doss Kerry Doss Deputy Director‐General Planning Group Department of State Development Manufacturing Infrastructure amp Planning P 07 3452 7909 ME kerry dossdsdmip qldgovau
From Stewart Pentland ltStewartPentlandmoretonbayqldgovaugt Sent Thursday June 14 2018 123348 PM To Kerry Doss Graeme Bolton Megan Bayntun Cc Anthony Martini Subject MBRC Planning Scheme Amendment Meeting 13062018 Graeme Kerry and Megan Thank you for your time yesterday Tony and I found the meeting most useful As discussed and agreed in principle
1 Council would document a series of proposed changes to the existing Planning Scheme Amendment that responds to the States direction to remove reference to the CIA and associated service area non‐service area concepts (see attached)
2 Subject to an iterative process between the State and council this information would then form the basis of a conditional approval of the current major scheme amendment amp
3 The existing amendment would then be finalised by way of a conditional approval consistent with points 1 and 2 above ASAP
Please find attached a first draft table outlining what are considered to be the necessary changes to the current amendment We would welcome your thoughts on this so that we can continue to develop its contents with you I note you indicated that for this approach to be utilised you would need to be comfortable that the type of changes proposed did not constitute a substantial change As a consequence we have included a column (Substantial change) that includes our appraisal of each proposed change Again we would welcome your thoughts on this matter also It would be good to progress this matter ASAP In doing so it would be appreciated if you could advise when you consider you may be able to provide a response to these initial draft representations In the interim should you require anything further please let me know
RTI1819-035-DSDMIP - Page 16 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
2
Regards Stewart Pentland Director Planning and Economic Development Moreton Bay Regional Council 2 Hasking Street Caboolture Qld 4510 P 07 5433 2023 MEmail stewartpentlandmoretonbayqldgovau wwwmoretonbayqldgovau
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in this e-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are not a named recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legal privilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete all copies immediately and contact the sender to advise of the error It is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liability for loss or damage arising directly or indirectly from opening this email opening any attachments or any communication errors The views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 17 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
1
Anne Wood
From Stewart Pentland ltStewartPentlandmoretonbayqldgovaugtSent Tuesday 10 July 2018 839 PMTo Graeme BoltonCc Anthony Martini Ann Abbott Kerry DossSubject Re Moreton Bay Regional Council - Amendment to Planning Scheme Progress
Graeme I am concerned your response is straying from what council understood to be our agreement It is important from Councils perspective that the conditions are developed collaboratively Once agreement has been achieved on the conditions content they would then be finalised This was our agreement as we understood it Beyond this it is Councils responsibility to then amend its own scheme and then collaborate with the state on the proposed changes that respond to your conditions As previously discussed and agreed this would occur through a tracked change version of the scheme that we would iterate with you until agreement had been achieved Our appraisal is that those sections of the scheme included in the lsquohigh level tablersquo will be those sections of the scheme that require amendment If the above is no longer the agreement please confirm ASAP Regards Stewart
Sent from SWP iPhone On 10 Jul 2018 at 658 pm Graeme Bolton ltGraemeBoltondsdmipqldgovaugt wrote
Good afternoon Tony Thank you for your email below I do apologise for not being able to take your call I was in a meeting and then subsequently on a teleconference when you phoned As discussed last week we met with DTMR officers who agreed to provide us with additional information by tomorrow We greatly appreciate the councilrsquos willingness to work with the department to find a way forward However given the complexity of the amendments it is not as easy as you portray to have ldquoremoved the CIA and the servicenon service area referencesrdquo All we have at this point in time is a high level table with expressed intent To give effect to this intent involves significant changes to the proposed amendment and carries a very high risk of unintended consequences for the operation of the planning scheme and potential lawfulness of the amendment I am extremely concerned about agreeing to something now only to find out after the Minister has conditionally approved the amendment that the expressed intent cannot be delivered We are endeavouring to find a solution I will advise further once we have received the additional information from DTMR Regards Graeme
RTI1819-035-DSDMIP - Page 18 of 55
2
ltimage001pnggt Graeme Bolton Executive Director Planning and Development Services Planning Group Department of State Development Manufacturing Infrastructure and Planning --------------------------------------------------------------------------------------------------------------------------------------------- P 07 3452 6741 MLevel 13 1 William Street Brisbane QLD 4000 PO Box 15009 City East QLD 4002 wwwdsdmipqldgovau
From Anthony Martini [mailtoAnthonyMartinimoretonbayqldgovau] Sent Tuesday 10 July 2018 108 PM To Graeme Bolton ltGraemeBoltondsdmipqldgovaugt Cc Ann Abbott ltAnnAbbottmoretonbayqldgovaugt Stewart Pentland ltStewartPentlandmoretonbayqldgovaugt Kerry Doss ltKerryDossdsdmipqldgovaugt Subject Moreton Bay Regional Council ‐ Amendment to Planning Scheme Progress Hi Graeme Appreciate that you are busy however I have endeavoured to make contact with you over the past few days for the purposes of understanding where we are at with regards to receiving a partial or full draft condition set to the amendment to the planning scheme It is nearly 4 weeks since we first met at which meeting MBRC offered to remove the CIA and service areas non service areas from the amendment and provided shortly thereafter a table summary of these changes for further discussion and guidance for the State and MBRC to work through You have advised that these changes are agreed in principle You have also advised that the changes need to be worked through I am in a position where I need some information from you as to what is occurring and when to provide to the CEO and Mayor From MBRCrsquos perspective we have undertaken all that has been asked of MBRC ‐ removed the CIA and the servicenon service area references Is there anything else which MBRC needs to consider I await your advice Thanks Tony
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in this e-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are not a named recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legal privilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete all copies immediately and contact the sender to advise of the error It is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liability for loss or damage arising directly or indirectly from opening this email opening any attachments or any communication errors The views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 19 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in this e-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are not a named recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legal privilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete all copies immediately and contact the sender to advise of the error It is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liability for loss or damage arising directly or indirectly from opening this email opening any attachments or any communication errors The views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 20 of 55
1
Anne Wood
From Anthony Martini ltAnthonyMartinimoretonbayqldgovaugtSent Tuesday 3 July 2018 543 PMTo Graeme BoltonCc Stewart Pentland Kerry Doss Garth NolanSubject RE Update on draft conditions
Hi Graeme
Thank you for the update
It would be good to catch up sooner rather than later as it is fast approaching 3 weeks since our initial meeting I
can advise that the Mayor sought advice from me as to where the amendment was at ‐ as I had advised him 10 days
ago that a draft set was to be available with a day or so
As discussed our preference is to collaboratively work on the content of the draft conditions It would be
appreciated if you could send through the balance of the approval and conditions now this will enable us to get the
process moving
Thanks
Tony
From Graeme Bolton [mailtoGraemeBoltondsdmipqldgovau] Sent Tuesday 3 July 2018 307 PM To Anthony Martini ltAnthonyMartinimoretonbayqldgovaugt Cc Stewart Pentland ltStewartPentlandmoretonbayqldgovaugt Kerry Doss ltKerryDossdsdmipqldgovaugt Garth Nolan ltGarthNolandsdmipqldgovaugt Subject Update on draft conditions
Hi Tony
As previously advised I met with senior officers from DTMR today to discuss some concerns theyrsquove raised in
respect to conditioning the proposed amendment I believe we have a way forward and DTMR are working on a
couple of options as a matter of priority I am expecting to have something back from DTMR mid next week We will
continue to work closely with them to try and get something out sooner
As previously discussed we will share the draft conditions once we are satisfied with them We would be happy to
work with you to ensure they are workable from councilrsquos perspective Regards Graeme
RTI1819-035-DSDMIP - Page 21 of 55
2
Graeme Bolton Executive Director Planning and Development Services Planning Group Department of State Development Manufacturing Infrastructure and Planning ---------------------------------------------------------------------------------------------------------------------------------------------
P 07 3452 6741 MLevel 13 1 William Street Brisbane QLD 4000 PO Box 15009 City East QLD 4002 wwwdsdmipqldgovau
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in this e-mail and any
attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are not a named recipient any use of this
information including copying distribution and publication is prohibited Confidentiality and legal privilege are not waived or lost as a result of mistaken or
erroneous delivery If you are not a named recipient please delete all copies immediately and contact the sender to advise of the error
It is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liability for loss or damage
arising directly or indirectly from opening this email opening any attachments or any communication errors
The views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 22 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
From Anthony MartiniTo Graeme BoltonCc Stewart Pentland Kerry Doss Megan BayntunSubject RE MBRC Planning Scheme Amendment Meeting 13062018Date Monday 25 June 2018 80656 AMAttachments image002png
Hi Graeme As per texts over the weekend - Stewart and I will see you from 1030am this morning Thanks Tony
From Graeme Bolton [mailtoGraemeBoltondsdmipqldgovau] Sent Friday 22 June 2018 643 PMTo Anthony Martini ltAnthonyMartinimoretonbayqldgovaugtCc Stewart Pentland ltStewartPentlandmoretonbayqldgovaugt Kerry DossltKerryDossdsdmipqldgovaugt Megan Bayntun ltMeganBayntundsdmipqldgovaugtSubject RE MBRC Planning Scheme Amendment Meeting 13062018 Dear Tony Please accept my apologies for not being able to get back to you earlier today As indicated in mymessage I was unexpectedly tied up all afternoon in an emergent and urgent issue I have reviewed the provided table and support in principle the matters identified in column fourIn respect to the matters identified in column five I can understand and again support in theprinciple the need for additional changes However the extent of changes will need to satisfy thesignificantly different test This is something that the department and Minister cannot resolvefrom This may mean that the desired changes may need to be tempered with what can besupported at this point in time and further decisions made by the council in respect to the riskprofile and whether or not to proceed with particular elements In addition to the above we have examined a couple of mechanisms that may be open to theMinister in deciding the proposed amendment In short we are exploring (a) the ability to partrefuse and part approve subject to conditions or (b) to solely condition The key consideration isto ensure whatever recommendation is made to the Minister the eventual decision can withstandclose scrutiny In both options given the volume of changes we would be also recommending tothe Minister a closing condition that requires the council to submit the changed amendment forendorsement by the Chief Executive prior to adoption by the council Finally as discussed at our last meeting through the second state interest review the Departmentof Environment and Science (DES) identified concerns in relation to koala habitat and the WarnerInvestigation Area structure plan I have been chasing (and have not yet received) additionalinformation and mapping from DES in relation to this At this point in time we would be looking toinclude a condition addresses the protection of the remaining koala habitat I am hoping to getgreater clarity and certainty on this (in terms of scale and location) in the coming days
RTI1819-035-DSDMIP - Page 23 of 55
I will give you a call on Monday to discuss Please do not hesitate to contact me in the interimshould you have questions or concerns Regards Graeme
Graeme BoltonExecutive Director Planning and Development ServicesPlanning GroupDepartment of State Development Manufacturing Infrastructure and Planning---------------------------------------------------------------------------------------------------------------------------------------------
P 07 3452 6741 MLevel 13 1 William Street Brisbane QLD 4000PO Box 15009 City East QLD 4002wwwdsdmipqldgovau
From Stewart Pentland [mailtoStewartPentlandmoretonbayqldgovau] Sent Thursday 14 June 2018 1234 PMTo Kerry Doss ltKerryDossdsdmipqldgovaugt Graeme BoltonltGraemeBoltondsdmipqldgovaugt Megan Bayntun ltMeganBayntundsdmipqldgovaugtCc Anthony Martini ltAnthonyMartinimoretonbayqldgovaugtSubject MBRC Planning Scheme Amendment Meeting 13062018 Graeme Kerry and Megan Thank you for your time yesterday Tony and I found the meeting most useful As discussed and agreed in principle
1 Council would document a series of proposed changes to the existing Planning SchemeAmendment that responds to the States direction to remove reference to the CIA andassociated service area non-service area concepts (see attached)
2 Subject to an iterative process between the State and council this information would thenform the basis of a conditional approval of the current major scheme amendment amp
3 The existing amendment would then be finalised by way of a conditional approval consistentwith points 1 and 2 above ASAP
Please find attached a first draft table outlining what are considered to be the necessary changesto the current amendment We would welcome your thoughts on this so that we can continue todevelop its contents with you I note you indicated that for this approach to be utilised you would need to be comfortable thatthe type of changes proposed did not constitute a substantial change As a consequence we haveincluded a column (Substantial change) that includes our appraisal of each proposed change Againwe would welcome your thoughts on this matter also
RTI1819-035-DSDMIP - Page 24 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
It would be good to progress this matter ASAP In doing so it would be appreciated if you couldadvise when you consider you may be able to provide a response to these initial draftrepresentations In the interim should you require anything further please let me know Regards Stewart PentlandDirectorPlanning and Economic DevelopmentMoreton Bay Regional Council2 Hasking Street Caboolture Qld 4510P 07 5433 2023MEmail stewartpentlandmoretonbayqldgovauwwwmoretonbayqldgovau
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in this e-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are not anamed recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legalprivilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete all copiesimmediately and contact the sender to advise of the errorIt is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liability forloss or damage arising directly or indirectly from opening this email opening any attachments or any communication errorsThe views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
This email and any attachments may contain confidential or privileged information and may be protected by copyright Youmust not use or disclose them other than for the purposes for which they were supplied The confidentiality and privilegeattached to this message and attachment is not waived by reason of mistaken delivery to you If you are not the intendedrecipient you must not use disclose retain forward or reproduce this message or any attachments If you receive this messagein error please notify the sender by return email or telephone and destroy and delete all copies The Department does notaccept any responsibility for any loss or damage that may result from reliance on or use of any information contained in thisemail andor attachments
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in this e-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are not anamed recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legalprivilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete all copiesimmediately and contact the sender to advise of the errorIt is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liability forloss or damage arising directly or indirectly from opening this email opening any attachments or any communication errorsThe views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 25 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
From Anthony MartiniTo Graeme BoltonCc Ann Abbott Stewart Pentland Kerry DossSubject RE Moreton Bay Regional Council - Amendment to Planning Scheme ProgressDate Wednesday 11 July 2018 114220 AMAttachments image002png
Thank you for your e-mail Graeme I look forward to your further advices re this matter My reference to timing was based upon advice provided 2 weeks ago at a meeting betweenMBRC and the State that MBRC was to receive a draft condition set the following day Thanks Tony
From Graeme Bolton [mailtoGraemeBoltondsdmipqldgovau] Sent Tuesday 10 July 2018 658 PMTo Anthony Martini ltAnthonyMartinimoretonbayqldgovaugtCc Ann Abbott ltAnnAbbottmoretonbayqldgovaugt Stewart PentlandltStewartPentlandmoretonbayqldgovaugt Kerry Doss ltKerryDossdsdmipqldgovaugtSubject RE Moreton Bay Regional Council - Amendment to Planning Scheme Progress Good afternoon Tony Thank you for your email below I do apologise for not being able to take your call I was in ameeting and then subsequently on a teleconference when you phoned As discussed last week we met with DTMR officers who agreed to provide us with additionalinformation by tomorrow We greatly appreciate the councilrsquos willingness to work with the department to find a wayforward However given the complexity of the amendments it is not as easy as you portray tohave ldquoremoved the CIA and the servicenon service area referencesrdquo All we have at this point intime is a high level table with expressed intent To give effect to this intent involves significantchanges to the proposed amendment and carries a very high risk of unintended consequencesfor the operation of the planning scheme and potential lawfulness of the amendment I amextremely concerned about agreeing to something now only to find out after the Minister hasconditionally approved the amendment that the expressed intent cannot be delivered We are endeavouring to find a solution I will advise further once we have received theadditional information from DTMR Regards Graeme
RTI1819-035-DSDMIP - Page 26 of 55
Graeme BoltonExecutive Director Planning and Development ServicesPlanning GroupDepartment of State Development Manufacturing Infrastructure and Planning---------------------------------------------------------------------------------------------------------------------------------------------
P 07 3452 6741 MLevel 13 1 William Street Brisbane QLD 4000PO Box 15009 City East QLD 4002wwwdsdmipqldgovau
From Anthony Martini [mailtoAnthonyMartinimoretonbayqldgovau] Sent Tuesday 10 July 2018 108 PMTo Graeme Bolton ltGraemeBoltondsdmipqldgovaugtCc Ann Abbott ltAnnAbbottmoretonbayqldgovaugt Stewart PentlandltStewartPentlandmoretonbayqldgovaugt Kerry Doss ltKerryDossdsdmipqldgovaugtSubject Moreton Bay Regional Council - Amendment to Planning Scheme Progress Hi Graeme Appreciate that you are busy however I have endeavoured to make contact with you over thepast few days for the purposes of understanding where we are at with regards to receiving apartial or full draft condition set to the amendment to the planning scheme It is nearly 4 weeks since we first met at which meeting MBRC offered to remove the CIA andservice areas non service areas from the amendment and provided shortly thereafter a tablesummary of these changes for further discussion and guidance for the State and MBRC to workthrough You have advised that these changes are agreed in principle You have also advised that thechanges need to be worked through I am in a position where I need some information from you as to what is occurring and when toprovide to the CEO and Mayor From MBRCrsquos perspective we have undertaken all that has beenasked of MBRC - removed the CIA and the servicenon service area references Is there anythingelse which MBRC needs to consider I await your advice Thanks Tony
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in thise-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are not
RTI1819-035-DSDMIP - Page 27 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
a named recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legalprivilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete allcopies immediately and contact the sender to advise of the errorIt is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liabilityfor loss or damage arising directly or indirectly from opening this email opening any attachments or any communication errorsThe views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
This email and any attachments may contain confidential or privileged information and may be protected by copyright Youmust not use or disclose them other than for the purposes for which they were supplied The confidentiality and privilegeattached to this message and attachment is not waived by reason of mistaken delivery to you If you are not the intendedrecipient you must not use disclose retain forward or reproduce this message or any attachments If you receive thismessage in error please notify the sender by return email or telephone and destroy and delete all copies The Departmentdoes not accept any responsibility for any loss or damage that may result from reliance on or use of any informationcontained in this email andor attachments
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in thise-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are nota named recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legalprivilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete allcopies immediately and contact the sender to advise of the errorIt is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liabilityfor loss or damage arising directly or indirectly from opening this email opening any attachments or any communication errorsThe views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 28 of 55
1
Anne Wood
Subject Discussion regarding DILGPs position and proposed changes to MBRC - Major Amendment 2Location ltlt1 William Street (1WS) - 36 Floor - Meet 3614gtgt
Organizer Cindy WaltonRequired AttendeesCindy Walton Barbara Ryan Christine ONeill kateislesmoretonbayqldgovau
stewartpentlandmoretonbayqldgovau Graeme Bolton Tess PickeringOptional AttendeesBen Caldwell Ian Wright
Booking Confirmation Your room booking has been accepted with the following booking confirmation details below Building 1 William Street (1WS) Floor 36 Room Meet 3614 Room Setup Meeting Room Info Number Attending 12 Date 12 May 2017 From 1100AM To 1230PM Booked By Cindy Walton Host Cindy Walton Booking ID148766 To Join the meeting please dial sip+61730272906qgaaadqldgovau Notes Recurrence Dates Note 1 If you have booked conferencing resources please cut and paste above meeting details to the Outlook meeting invitation and send update 2 For an audio connection users dial the number only 3 For video (Skype) connections users dial the full address
Organizer Anthony MartiniResources Room - Strathpine Room 2A
Good morning The venue for this meeting is Councilrsquos Strathpine office at 220 Gympie Road Strathpine Entrance to the office is via Customer Service in Hall Street where parking is available on street Upon arrival at customer service you will be asked to complete visitor paperwork and then escorted to meeting room 2A Should you have any queries regarding this meeting request please contact me as below Kind regards Ann Abbott Operations Coordinator Engineering Construction amp Maintenance Moreton Bay Regional Council Stage 3 220 Gympie Road Strathpine P 07 3480 6233 E annabbottmoretonbayqldgovau
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in this e-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are not a named recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legal privilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete all copies immediately and contact the sender to advise of the error It is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liability for loss or damage arising directly or indirectly from opening this email opening any attachments or any communication errors The views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 30 of 55
1
Anne Wood
Subject MBRC Location 1 William St Level 12 Room 1214
Shortly you will receive an email invite to enter 1 William st with instructions on what you will need to provide to
Concierge
I will meet your party in the foyer once you have signed in
Kind regards
Anne
Anne Wood AExecutive Assistant Planning and Development Services | Brisbane Department of State Development Manufacturing Infrastructure and Planning Level 13 1 William St Brisbane QLD 4000 p 07 3452 7115 | e annewooddilgpqldgovau
RTI1819-035-DSDMIP - Page 31 of 55
From Graeme BoltonTo Anthony MartiniCc Stewart Pentland Kerry Doss Megan BayntunSubject RE MBRC Planning Scheme Amendment Meeting 13062018Date Friday 22 June 2018 64200 PMAttachments image001png
Dear Tony Please accept my apologies for not being able to get back to you earlier today As indicated in mymessage I was unexpectedly tied up all afternoon in an emergent and urgent issue I have reviewed the provided table and support in principle the matters identified in column fourIn respect to the matters identified in column five I can understand and again support in theprinciple the need for additional changes However the extent of changes will need to satisfy thesignificantly different test This is something that the department and Minister cannot resolvefrom This may mean that the desired changes may need to be tempered with what can besupported at this point in time and further decisions made by the council in respect to the riskprofile and whether or not to proceed with particular elements In addition to the above we have examined a couple of mechanisms that may be open to theMinister in deciding the proposed amendment In short we are exploring (a) the ability to partrefuse and part approve subject to conditions or (b) to solely condition The key consideration isto ensure whatever recommendation is made to the Minister the eventual decision can withstandclose scrutiny In both options given the volume of changes we would be also recommending tothe Minister a closing condition that requires the council to submit the changed amendment forendorsement by the Chief Executive prior to adoption by the council Finally as discussed at our last meeting through the second state interest review the Departmentof Environment and Science (DES) identified concerns in relation to koala habitat and the WarnerInvestigation Area structure plan I have been chasing (and have not yet received) additionalinformation and mapping from DES in relation to this At this point in time we would be looking toinclude a condition addresses the protection of the remaining koala habitat I am hoping to getgreater clarity and certainty on this (in terms of scale and location) in the coming days I will give you a call on Monday to discuss Please do not hesitate to contact me in the interimshould you have questions or concerns Regards Graeme
Graeme BoltonExecutive Director Planning and Development ServicesPlanning GroupDepartment of State Development Manufacturing Infrastructure and Planning---------------------------------------------------------------------------------------------------------------------------------------------
P 07 3452 6741 MLevel 13 1 William Street Brisbane QLD 4000
RTI1819-035-DSDMIP - Page 32 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
Summary of Proposed Planning Scheme Amendment
MBRC policy end Current MBRC Planning Scheme
Advertised Proposed Planning Scheme
Amendment
Amended Proposed Planning Scheme
Amendment
Other necessary changes to achieve MBRC policy end
Substantial change
Warner growth area - o Enable conversion of existing
industryrural residential to transition to residential outcomes
o Conversion consistent with the SEQ Regional Plan identification of Warner for growth
Industry zone and rural residential surrounded by existing residential and main roads Preliminary approval (Variation) would involve - Impact assessment - Major non-compliance with the
assessment benchmarks
- Zone change to Emerging
Community - Overlay map - Structure
planned area - Level of assessment - Service Area - RAL Code
assessment No Service Area - RAL
Impact assessment
Changes - Delete reference to CIA - Delete reference to service area
non service area Result - No change to Overlay map -
Structure planned area - Level of Assessment - RAL
Code assessment
Strengthening of assessment benchmarks required in the Emerging Community Zone Code andor RAL Code - Emerging Community Zone to assist code assessment
No Maintain overlay map as advertised maintain Level of Assessment remove reference to CIA and remove reference to Service Area and Non-Service Area
Caboolture West growth area - (Area 1) - o Enable Area 1 to proceed to
development including residential and local centre
o Consistent with the SEQ Regional Planrsquos identification of Caboolture West as an expansion area
Preliminary approval (Variation) would involve - Impact assessment - Major non-compliance with the
assessment benchmarks without a Neighhourhood Development Plan for Area 1
- Area 1 - Overlay map -
Structure planned area - Level of assessment Service Area - RAL Code
assessment Non Service Area - RAL
Impact assessment
Changes - Delete reference to CIA - Delete reference to service area
non service area Result - No change to Overlay map -
Structure planned area - Level of assessment - RAL Code
assessment for SPA1
Strengthening of assessment benchmarks required in the Local Plan Zone Code andor RAL Code - Emerging Community Zone to assist code assessment
No Maintain overlay map as advertised maintain Level of Assessment remove reference to CIA remove reference to Service Area and Non-Service Area
Caboolture West growth area - (Balance of Caboolture West) - o Enable subsequent stages to
be structure planned and released through future scheme amendments
Preliminary approval (Variation) would involve - Impact assessment - Major non-compliance with the
assessment benchmarks without a Neighhourhood Development Plan for the relevant area
- Overlay map - Future Structure
plan area - Level of assessment - Impact assessment
Changes - Delete reference to CIA - Delete reference to service area
non service area Result - No change to Overlay map -
Future Structure plan area - Level of assessment - Impact
assessment
Revisit strategic framework to delete CIA and ensure strategic outcomes accurately reflect the future timing of these fronts
No Maintain overlay map as advertised remove reference to CIA Minor change to the strategic framework
Other growth areas to be structure planned and held subject to planning infrastructure requirements and financial obligations being determined o Morayfield o Burpengary east o Narangba east o Joyner
RAL application would involve - Code assessment - Major non-compliance with the
assessment benchmarks in the absence of integrated land use and infrastructure planning
MCU application would involve impact assessment
- Overlay Map - Future structure
planned area - Level of assessment - RAL
Impact assessment - Major non-compliance with the
assessment benchmarks in the absence of integrated land use and infrastructure planning including the strategic outcomes
Changes - Delete references to CIA in the
strategic framework - Delete references to service
area non service area Result - No change to Overlay map -
Future structure planned area
Revisit strategic framework to delete CIA and ensure strategic outcomes accurately reflect the future timing of these fronts
No Maintain overlay map as advertised maintain Level of Assessment and remove reference to CIA
MBRC policy end Current MBRC Planning
Scheme Advertised Proposed
Planning Scheme Amendment
Amended Proposed Planning Scheme
Amendment
Other necessary changes to achieve MBRC policy end
Substantial change
- No change to Level of assessment - RAL Impact assessment
Balance of Proposed Planning Scheme Amendment
Not applicable
Changes proposed (carports setbacks sheds etc)
No further changes to the proposed Planning Scheme Amendment as provided post consultation
Not applicable
Not applicable
PO Box 15009 City East QLD 4002wwwdsdmipqldgovau
From Stewart Pentland [mailtoStewartPentlandmoretonbayqldgovau] Sent Thursday 14 June 2018 1234 PMTo Kerry Doss ltKerryDossdsdmipqldgovaugt Graeme BoltonltGraemeBoltondsdmipqldgovaugt Megan Bayntun ltMeganBayntundsdmipqldgovaugtCc Anthony Martini ltAnthonyMartinimoretonbayqldgovaugtSubject MBRC Planning Scheme Amendment Meeting 13062018 Graeme Kerry and Megan Thank you for your time yesterday Tony and I found the meeting most useful As discussed and agreed in principle
1 Council would document a series of proposed changes to the existing Planning SchemeAmendment that responds to the States direction to remove reference to the CIA andassociated service area non-service area concepts (see attached)
2 Subject to an iterative process between the State and council this information would thenform the basis of a conditional approval of the current major scheme amendment amp
3 The existing amendment would then be finalised by way of a conditional approval consistentwith points 1 and 2 above ASAP
Please find attached a first draft table outlining what are considered to be the necessary changesto the current amendment We would welcome your thoughts on this so that we can continue todevelop its contents with you I note you indicated that for this approach to be utilised you would need to be comfortable thatthe type of changes proposed did not constitute a substantial change As a consequence we haveincluded a column (Substantial change) that includes our appraisal of each proposed change Againwe would welcome your thoughts on this matter also It would be good to progress this matter ASAP In doing so it would be appreciated if you couldadvise when you consider you may be able to provide a response to these initial draftrepresentations In the interim should you require anything further please let me know Regards Stewart PentlandDirectorPlanning and Economic DevelopmentMoreton Bay Regional Council2 Hasking Street Caboolture Qld 4510P 07 5433 2023M Email stewartpentlandmoretonbayqldgovauwwwmoretonbayqldgovau
RTI1819-035-DSDMIP - Page 33 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in this e-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are not anamed recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legalprivilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete all copiesimmediately and contact the sender to advise of the errorIt is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liability forloss or damage arising directly or indirectly from opening this email opening any attachments or any communication errorsThe views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 34 of 55
Summary of Proposed Planning Scheme Amendment
MBRC policy end Current MBRC Planning Scheme
Advertised Proposed Planning Scheme
Amendment
Amended Proposed Planning Scheme
Amendment
Other necessary changes to achieve MBRC policy end
Substantial change
Warner growth area - o Enable conversion of existing
industryrural residential to transition to residential outcomes
o Conversion consistent with the SEQ Regional Plan identification of Warner for growth
Industry zone and rural residential surrounded by existing residential and main roads Preliminary approval (Variation) would involve - Impact assessment - Major non-compliance with the
assessment benchmarks
- Zone change to Emerging
Community - Overlay map - Structure
planned area - Level of assessment - Service Area - RAL Code
assessment No Service Area - RAL
Impact assessment
Changes - Delete reference to CIA - Delete reference to service area
non service area Result - No change to Overlay map -
Structure planned area - Level of Assessment - RAL
Code assessment
Strengthening of assessment benchmarks required in the Emerging Community Zone Code andor RAL Code - Emerging Community Zone to assist code assessment
No Maintain overlay map as advertised maintain Level of Assessment remove reference to CIA and remove reference to Service Area and Non-Service Area
Caboolture West growth area - (Area 1) - o Enable Area 1 to proceed to
development including residential and local centre
o Consistent with the SEQ Regional Planrsquos identification of Caboolture West as an expansion area
Preliminary approval (Variation) would involve - Impact assessment - Major non-compliance with the
assessment benchmarks without a Neighhourhood Development Plan for Area 1
- Area 1 - Overlay map -
Structure planned area - Level of assessment Service Area - RAL Code
assessment Non Service Area - RAL
Impact assessment
Changes - Delete reference to CIA - Delete reference to service area
non service area Result - No change to Overlay map -
Structure planned area - Level of assessment - RAL Code
assessment for SPA1
Strengthening of assessment benchmarks required in the Local Plan Zone Code andor RAL Code - Emerging Community Zone to assist code assessment
No Maintain overlay map as advertised maintain Level of Assessment remove reference to CIA remove reference to Service Area and Non-Service Area
Caboolture West growth area - (Balance of Caboolture West) - o Enable subsequent stages to
be structure planned and released through future scheme amendments
Preliminary approval (Variation) would involve - Impact assessment - Major non-compliance with the
assessment benchmarks without a Neighhourhood Development Plan for the relevant area
- Overlay map - Future Structure
plan area - Level of assessment - Impact assessment
Changes - Delete reference to CIA - Delete reference to service area
non service area Result - No change to Overlay map -
Future Structure plan area - Level of assessment - Impact
assessment
Revisit strategic framework to delete CIA and ensure strategic outcomes accurately reflect the future timing of these fronts
No Maintain overlay map as advertised remove reference to CIA Minor change to the strategic framework
Other growth areas to be structure planned and held subject to planning infrastructure requirements and financial obligations being determined o Morayfield o Burpengary east o Narangba east o Joyner
RAL application would involve - Code assessment - Major non-compliance with the
assessment benchmarks in the absence of integrated land use and infrastructure planning
MCU application would involve impact assessment
- Overlay Map - Future structure
planned area - Level of assessment - RAL
Impact assessment - Major non-compliance with the
assessment benchmarks in the absence of integrated land use and infrastructure planning including the strategic outcomes
Changes - Delete references to CIA in the
strategic framework - Delete references to service
area non service area Result - No change to Overlay map -
Future structure planned area
Revisit strategic framework to delete CIA and ensure strategic outcomes accurately reflect the future timing of these fronts
No Maintain overlay map as advertised maintain Level of Assessment and remove reference to CIA
RTI1819-035-DSDMIP - Page 35 of 55
MBRC policy end Current MBRC Planning
Scheme Advertised Proposed
Planning Scheme Amendment
Amended Proposed Planning Scheme
Amendment
Other necessary changes to achieve MBRC policy end
Substantial change
- No change to Level of assessment - RAL Impact assessment
Balance of Proposed Planning Scheme Amendment
Not applicable
Changes proposed (carports setbacks sheds etc)
No further changes to the proposed Planning Scheme Amendment as provided post consultation
Not applicable
Not applicable
RTI1819-035-DSDMIP - Page 36 of 55
From Graeme BoltonTo Stewart Pentland Kerry Doss Megan BayntunCc Anthony MartiniSubject RE MBRC Planning Scheme Amendment Meeting 13062018Date Monday 18 June 2018 82200 AMAttachments image001png
image002jpg
Hi Stewart Thank you for providing the attached table and below information As per Kerryrsquos email we willreview and respond as soon as possible Regards Graeme
Graeme BoltonExecutive Director Planning and Development ServicesPlanning GroupDepartment of State Development Manufacturing Infrastructure and Planning---------------------------------------------------------------------------------------------------------------------------------------------
P 07 3452 6741 MLevel 13 1 William Street Brisbane QLD 4000PO Box 15009 City East QLD 4002wwwdsdmipqldgovau
From Stewart Pentland [mailtoStewartPentlandmoretonbayqldgovau] Sent Thursday 14 June 2018 1234 PMTo Kerry Doss ltKerryDossdsdmipqldgovaugt Graeme BoltonltGraemeBoltondsdmipqldgovaugt Megan Bayntun ltMeganBayntundsdmipqldgovaugtCc Anthony Martini ltAnthonyMartinimoretonbayqldgovaugtSubject MBRC Planning Scheme Amendment Meeting 13062018 Graeme Kerry and Megan Thank you for your time yesterday Tony and I found the meeting most useful As discussed and agreed in principle
1 Council would document a series of proposed changes to the existing Planning SchemeAmendment that responds to the States direction to remove reference to the CIA andassociated service area non-service area concepts (see attached)
2 Subject to an iterative process between the State and council this information would thenform the basis of a conditional approval of the current major scheme amendment amp
3 The existing amendment would then be finalised by way of a conditional approval consistentwith points 1 and 2 above ASAP
RTI1819-035-DSDMIP - Page 37 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
Please find attached a first draft table outlining what are considered to be the necessary changesto the current amendment We would welcome your thoughts on this so that we can continue todevelop its contents with you I note you indicated that for this approach to be utilised you would need to be comfortable thatthe type of changes proposed did not constitute a substantial change As a consequence we haveincluded a column (Substantial change) that includes our appraisal of each proposed change Againwe would welcome your thoughts on this matter also It would be good to progress this matter ASAP In doing so it would be appreciated if you couldadvise when you consider you may be able to provide a response to these initial draftrepresentations In the interim should you require anything further please let me know Regards Stewart PentlandDirectorPlanning and Economic DevelopmentMoreton Bay Regional Council2 Hasking Street Caboolture Qld 4510P 07 5433 2023M Email stewartpentlandmoretonbayqldgovauwwwmoretonbayqldgovau CCR3_email_signhr
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in this e-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are not anamed recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legalprivilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete all copiesimmediately and contact the sender to advise of the errorIt is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liability forloss or damage arising directly or indirectly from opening this email opening any attachments or any communication errorsThe views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 38 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
From Graeme BoltonTo Anthony MartiniCc Ann Abbott Stewart Pentland Kerry DossSubject RE Moreton Bay Regional Council - Amendment to Planning Scheme ProgressDate Tuesday 10 July 2018 65800 PMAttachments image001png
Good afternoon Tony Thank you for your email below I do apologise for not being able to take your call I was in ameeting and then subsequently on a teleconference when you phoned As discussed last week we met with DTMR officers who agreed to provide us with additionalinformation by tomorrow We greatly appreciate the councilrsquos willingness to work with the department to find a wayforward However given the complexity of the amendments it is not as easy as you portray tohave ldquoremoved the CIA and the servicenon service area referencesrdquo All we have at this point intime is a high level table with expressed intent To give effect to this intent involves significantchanges to the proposed amendment and carries a very high risk of unintended consequencesfor the operation of the planning scheme and potential lawfulness of the amendment I amextremely concerned about agreeing to something now only to find out after the Minister hasconditionally approved the amendment that the expressed intent cannot be delivered We are endeavouring to find a solution I will advise further once we have received theadditional information from DTMR Regards Graeme
Graeme BoltonExecutive Director Planning and Development ServicesPlanning GroupDepartment of State Development Manufacturing Infrastructure and Planning--------------------------------------------------------------- ---------------------------
P 07 3452 6741 MLevel 13 1 William Street Brisbane QLD 4000PO Box 15009 City East QLD 4002wwwdsdmipqldgovau
From Anthony Martini [mailtoAnthonyMartinimoretonbayqldgovau] Sent Tuesday 10 July 2018 108 PMTo Graeme Bolton ltGraemeBoltondsdmipqldgovaugtCc Ann Abbott ltAnnAbbottmoretonbayqldgovaugt Stewart PentlandltStewartPentlandmoretonbayqldgovaugt Kerry Doss ltKerryDossdsdmipqldgovaugtSubject Moreton Bay Regional Council - Amendment to Planning Scheme Progress
RTI1819-035-DSDMIP - Page 39 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
Hi Graeme Appreciate that you are busy however I have endeavoured to make contact with you over thepast few days for the purposes of understanding where we are at with regards to receiving apartial or full draft condition set to the amendment to the planning scheme It is nearly 4 weeks since we first met at which meeting MBRC offered to remove the CIA andservice areas non service areas from the amendment and provided shortly thereafter a tablesummary of these changes for further discussion and guidance for the State and MBRC to workthrough You have advised that these changes are agreed in principle You have also advised that thechanges need to be worked through I am in a position where I need some information from you as to what is occurring and when toprovide to the CEO and Mayor From MBRCrsquos perspective we have undertaken all that has beenasked of MBRC - removed the CIA and the servicenon service area references Is there anythingelse which MBRC needs to consider I await your advice Thanks Tony
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in thise-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are nota named recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legalprivilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete allcopies immediately and contact the sender to advise of the errorIt is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liabilityfor loss or damage arising directly or indirectly from opening this email opening any attachments or any communication errorsThe views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 40 of 55
From Graeme BoltonTo Anthony MartiniCc Stewart Pentland Kerry Doss Garth NolanSubject RE Update on draft conditionsDate Thursday 5 July 2018 30400 PMAttachments image001png
image002png
Hi Tony I appreciate your concerns and we are progressing this as fast as possible As you can alsohopefully appreciate the amendment in its own right is a very large and complex document Thechanges being proposed are not unsubstantial and have multiple unintended consequencesmany of which have the potential to adversely affect matters of state interest As such we aretrying to resolve these to an acceptable level (for the state) before sharing these with you I will forward these to you as soon as possible Regards Graeme
Graeme BoltonExecutive Director Planning and Development ServicesPlanning GroupDepartment of State Development Manufacturing Infrastructure and Planning---------------------------------------------------------------------------------------------------------------------------------------------
P 07 3452 6741 MLevel 13 1 William Street Brisbane QLD 4000PO Box 15009 City East QLD 4002wwwdsdmipqldgovau
From Anthony Martini [mailtoAnthonyMartinimoretonbayqldgovau] Sent Tuesday 3 July 2018 543 PMTo Graeme Bolton ltGraemeBoltondsdmipqldgovaugtCc Stewart Pentland ltStewartPentlandmoretonbayqldgovaugt Kerry DossltKerryDossdsdmipqldgovaugt Garth Nolan ltGarthNolandsdmipqldgovaugtSubject RE Update on draft conditions Hi Graeme Thank you for the update It would be good to catch up sooner rather than later as it is fast approaching 3 weeks since ourinitial meeting I can advise that the Mayor sought advice from me as to where the amendmentwas at - as I had advised him 10 days ago that a draft set was to be available with a day or so As discussed our preference is to collaboratively work on the content of the draft conditions Itwould be appreciated if you could send through the balance of the approval and conditions now
RTI1819-035-DSDMIP - Page 41 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
this will enable us to get the process moving Thanks Tony
From Graeme Bolton [mailtoGraemeBoltondsdmipqldgovau] Sent Tuesday 3 July 2018 307 PMTo Anthony Martini ltAnthonyMartinimoretonbayqldgovaugtCc Stewart Pentland ltStewartPentlandmoretonbayqldgovaugt Kerry DossltKerryDossdsdmipqldgovaugt Garth Nolan ltGarthNolandsdmipqldgovaugtSubject Update on draft conditions Hi Tony As previously advised I met with senior officers from DTMR today to discuss some concernstheyrsquove raised in respect to conditioning the proposed amendment I believe we have a wayforward and DTMR are working on a couple of options as a matter of priority I am expecting tohave something back from DTMR mid next week We will continue to work closely with them totry and get something out sooner As previously discussed we will share the draft conditions once we are satisfied with them Wewould be happy to work with you to ensure they are workable from councilrsquos perspective Regards Graeme
Graeme BoltonExecutive Director Planning and Development ServicesPlanning GroupDepartment of State Development Manufacturing Infrastructure and Planning---------------------------------------------------------------- -------------------------------
P 07 3452 6741 MLevel 13 1 William Street Brisbane QLD 4000PO Box 15009 City East QLD 4002wwwdsdmipqldgovau
This email and any attachments may contain confidential or privileged information and may be protected by copyright Youmust not use or disclose them other than for the purposes for which they were supplied The confidentiality and privilegeattached to this message and attachment is not waived by reason of mistaken delivery to you If you are not the intendedrecipient you must not use disclose retain forward or reproduce this message or any attachments If you receive thismessage in error please notify the sender by return email or telephone and destroy and delete all copies The Departmentdoes not accept any responsibility for any loss or damage that may result from reliance on or use of any informationcontained in this email andor attachments
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in this
e-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are not
RTI1819-035-DSDMIP - Page 42 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
a named recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legal
privilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete all
copies immediately and contact the sender to advise of the error
It is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liability
for loss or damage arising directly or indirectly from opening this email opening any attachments or any communication errors
The views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 43 of 55
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Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
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Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
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Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
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RTI1819-035-DSDMIP - Page 55 of 55
1
Anne Wood
From Stewart Pentland ltStewartPentlandmoretonbayqldgovaugtSent Thursday 14 June 2018 1234 PMTo Kerry Doss Graeme Bolton Megan BayntunCc Anthony MartiniSubject MBRC Planning Scheme Amendment Meeting 13062018Attachments 130608 Revised Proposed MBRC Planning Scheme Amendment (002)pdf
Graeme Kerry and Megan Thank you for your time yesterday Tony and I found the meeting most useful As discussed and agreed in principle
1 Council would document a series of proposed changes to the existing Planning Scheme Amendment that responds to the States direction to remove reference to the CIA and associated service area non‐service area concepts (see attached)
2 Subject to an iterative process between the State and council this information would then form the basis of a conditional approval of the current major scheme amendment amp
3 The existing amendment would then be finalised by way of a conditional approval consistent with points 1 and 2 above ASAP
Please find attached a first draft table outlining what are considered to be the necessary changes to the current amendment We would welcome your thoughts on this so that we can continue to develop its contents with you I note you indicated that for this approach to be utilised you would need to be comfortable that the type of changes proposed did not constitute a substantial change As a consequence we have included a column (Substantial change) that includes our appraisal of each proposed change Again we would welcome your thoughts on this matter also It would be good to progress this matter ASAP In doing so it would be appreciated if you could advise when you consider you may be able to provide a response to these initial draft representations In the interim should you require anything further please let me know Regards Stewart Pentland Director Planning and Economic Development Moreton Bay Regional Council 2 Hasking Street Caboolture Qld 4510 P 07 5433 2023 M Email stewartpentlandmoretonbayqldgovau wwwmoretonbayqldgovau
RTI1819-035-DSDMIP - Page 7 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
2
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in this e-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are not a named recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legal privilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete all copies immediately and contact the sender to advise of the error It is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liability for loss or damage arising directly or indirectly from opening this email opening any attachments or any communication errors The views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 8 of 55
Summary of Proposed Planning Scheme Amendment
MBRC policy end Current MBRC Planning Scheme
Advertised Proposed Planning Scheme
Amendment
Amended Proposed Planning Scheme
Amendment
Other necessary changes to achieve MBRC policy end
Substantial change
Warner growth area - o Enable conversion of existing
industryrural residential to transition to residential outcomes
o Conversion consistent with the SEQ Regional Plan identification of Warner for growth
Industry zone and rural residential surrounded by existing residential and main roads Preliminary approval (Variation) would involve - Impact assessment - Major non-compliance with the
assessment benchmarks
- Zone change to Emerging
Community - Overlay map - Structure
planned area - Level of assessment - Service Area - RAL Code
assessment No Service Area - RAL
Impact assessment
Changes - Delete reference to CIA - Delete reference to service area
non service area Result - No change to Overlay map -
Structure planned area - Level of Assessment - RAL
Code assessment
Strengthening of assessment benchmarks required in the Emerging Community Zone Code andor RAL Code - Emerging Community Zone to assist code assessment
No Maintain overlay map as advertised maintain Level of Assessment remove reference to CIA and remove reference to Service Area and Non-Service Area
Caboolture West growth area - (Area 1) - o Enable Area 1 to proceed to
development including residential and local centre
o Consistent with the SEQ Regional Planrsquos identification of Caboolture West as an expansion area
Preliminary approval (Variation) would involve - Impact assessment - Major non-compliance with the
assessment benchmarks without a Neighhourhood Development Plan for Area 1
- Area 1 - Overlay map -
Structure planned area - Level of assessment Service Area - RAL Code
assessment Non Service Area - RAL
Impact assessment
Changes - Delete reference to CIA - Delete reference to service area
non service area Result - No change to Overlay map -
Structure planned area - Level of assessment - RAL Code
assessment for SPA1
Strengthening of assessment benchmarks required in the Local Plan Zone Code andor RAL Code - Emerging Community Zone to assist code assessment
No Maintain overlay map as advertised maintain Level of Assessment remove reference to CIA remove reference to Service Area and Non-Service Area
Caboolture West growth area - (Balance of Caboolture West) - o Enable subsequent stages to
be structure planned and released through future scheme amendments
Preliminary approval (Variation) would involve - Impact assessment - Major non-compliance with the
assessment benchmarks without a Neighhourhood Development Plan for the relevant area
- Overlay map - Future Structure
plan area - Level of assessment - Impact assessment
Changes - Delete reference to CIA - Delete reference to service area
non service area Result - No change to Overlay map -
Future Structure plan area - Level of assessment - Impact
assessment
Revisit strategic framework to delete CIA and ensure strategic outcomes accurately reflect the future timing of these fronts
No Maintain overlay map as advertised remove reference to CIA Minor change to the strategic framework
Other growth areas to be structure planned and held subject to planning infrastructure requirements and financial obligations being determined o Morayfield o Burpengary east o Narangba east o Joyner
RAL application would involve - Code assessment - Major non-compliance with the
assessment benchmarks in the absence of integrated land use and infrastructure planning
MCU application would involve impact assessment
- Overlay Map - Future structure
planned area - Level of assessment - RAL
Impact assessment - Major non-compliance with the
assessment benchmarks in the absence of integrated land use and infrastructure planning including the strategic outcomes
Changes - Delete references to CIA in the
strategic framework - Delete references to service
area non service area Result - No change to Overlay map -
Future structure planned area
Revisit strategic framework to delete CIA and ensure strategic outcomes accurately reflect the future timing of these fronts
No Maintain overlay map as advertised maintain Level of Assessment and remove reference to CIA
RTI1819-035-DSDMIP - Page 9 of 55
MBRC policy end Current MBRC Planning
Scheme Advertised Proposed
Planning Scheme Amendment
Amended Proposed Planning Scheme
Amendment
Other necessary changes to achieve MBRC policy end
Substantial change
- No change to Level of assessment - RAL Impact assessment
Balance of Proposed Planning Scheme Amendment
Not applicable
Changes proposed (carports setbacks sheds etc)
No further changes to the proposed Planning Scheme Amendment as provided post consultation
Not applicable
Not applicable
RTI1819-035-DSDMIP - Page 10 of 55
1
Anne Wood
From Anthony Martini ltAnthonyMartinimoretonbayqldgovaugtSent Tuesday 10 July 2018 108 PMTo Graeme BoltonCc Ann Abbott Stewart Pentland Kerry DossSubject Moreton Bay Regional Council - Amendment to Planning Scheme Progress
Hi Graeme Appreciate that you are busy however I have endeavoured to make contact with you over the past few days for the purposes of understanding where we are at with regards to receiving a partial or full draft condition set to the amendment to the planning scheme It is nearly 4 weeks since we first met at which meeting MBRC offered to remove the CIA and service areas non service areas from the amendment and provided shortly thereafter a table summary of these changes for further discussion and guidance for the State and MBRC to work through You have advised that these changes are agreed in principle You have also advised that the changes need to be worked through I am in a position where I need some information from you as to what is occurring and when to provide to the CEO and Mayor From MBRCrsquos perspective we have undertaken all that has been asked of MBRC ‐ removed the CIA and the servicenon service area references Is there anything else which MBRC needs to consider I await your advice Thanks Tony
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in this e-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are not a named recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legal privilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete all copies immediately and contact the sender to advise of the error It is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liability for loss or damage arising directly or indirectly from opening this email opening any attachments or any communication errors The views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 11 of 55
1
Anne Wood
From Anthony Martini ltAnthonyMartinimoretonbayqldgovaugtSent Tuesday 17 July 2018 234 PMTo Graeme BoltonCc Ann Abbott Kerry Doss Stewart PentlandSubject Planning Scheme Amendment
Hi Graeme I have sought not to bother you this past week with requests for updates Stewart and I are briefing the Council next Tuesday as to the current status of MBRCrsquos planning scheme amendment Can you please advise where the State is at by this Friday such that the information we provide the Council is current Have you received information you sought from DTMR last Wednesday I await your advice Thanks Tony
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in this e-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are not a named recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legal privilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete all copies immediately and contact the sender to advise of the error It is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liability for loss or damage arising directly or indirectly from opening this email opening any attachments or any communication errors The views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 12 of 55
1
Anne Wood
From Kerry DossSent Friday 27 July 2018 551 PMTo Anthony MartiniCc Graeme BoltonSubject RE Contact detailsAttachments DDG letter to Anthony Martinipdf
Hi Anthony Letter as requested Please feel free to call should you require any clarification regards
Kerry Doss Deputy Director‐General Planning Group Department of State Development Manufacturing Infrastructure and Planning ---------------------------------------------------------------------------------------------------------------------------------------------
P 07 3452 7909 ME kerrydossdsdmipqldgovau Level 13 1 William Street Brisbane QLD 4000 PO Box 15009 City East QLD 4002 wwwdsdmipqldgovau
From Anthony Martini ltAnthonyMartinimoretonbayqldgovaugt Sent Friday 27 July 2018 516 PM To Kerry Doss ltKerryDossdsdmipqldgovaugt Graeme Bolton ltGraemeBoltondsdmipqldgovaugt Subject Contact details Hi folks Look forward to receiving your letter As advised we briefed the Council yesterday following our meeting The Council is expecting a further briefing next Tuesday Thanks Tony ME Anthonymartinimoretonbayqldgovau
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in this e-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are not a named recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legal privilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete all copies immediately and contact the sender to advise of the error It is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liability for loss or damage arising directly or indirectly from opening this email opening any attachments or any communication errors The views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 13 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
Our ref OUT185247
27 July 2018 Mr Anthony Martini Deputy CEO Director Engineering Construction and Maintenance Moreton Bay Regional Council PO Box 159 CABOOLTURE QLD 4510 Dear Anthony I refer to the 26 July 2018 meeting between yourself Mr Stewart Pentland Mr Graeme Bolton and myself to discuss the proposed Major Amendment 2 (the proposed amendment) to the Moreton Bay Regional Council (the council) planning scheme As you are aware the department has assessed the proposed amendment and cannot support a recommendation to approve the proposed amendment due to the proposed Coordinating Infrastructure Agreement associated provisions (the CIA) and outstanding matters of state interest It was agreed that the Department of State Development Manufacturing Infrastructure and Planning (the department) would consider if it could support approving the proposed amendment subject to conditions to enable the minor elements not associated with structure planning and the CIA to proceed It was understood that these minor elements related to provisions such as development code requirements (eg setback provisions for carports) various overlay maps (eg the walking distance map) and codes and various minor provisions (eg animal husbandry) In particular it was understood that this did not include elements relating to the CIA including structure planned areas which are contingent on the CIA provisions Notwithstanding this understanding the department agreed that it would consider a broader range of changes as proposed in Mr Pentlandrsquos email of 14 June 2018 As discussed at our 26 July 2018 meeting the department has undertaken investigations and has concluded it cannot support a recommendation to approve the proposed amendment subject to conditions This is based on matters of state interest relating to transport infrastructure biodiversity values and the consideration of the significantly different test
RTI1819-035-DSDMIP - Page 14 of 55
Page 2 of 2
As discussed there a number of options available to the council 1 The council formally resolves and withdraws the proposed amendment and
commences a new amendment process As discussed the department would be highly supportive of utilising section 18 of the Planning Act 2016 to create a tailored amendment process (that does not require further public consultation) for the minor elements and a second tailored process (potentially requiring further public consultation) for the structure planning elements of the proposed amendment
OR 2 The council formally places the amendment process on hold and resubmits a
revised version of the proposed amendment Please note that should the council choose this option it will need to satisfy itself that the changes made do not result in a significantly different version of the proposed amendment than the version that underwent public consultation Please be advised that the Planning Minister in addition to the council will also need to be satisfied that the changes made do not result in a significantly different version of the proposed amendment then that which underwent public consultation The department is of the view (noting that it has not seen any possible changes) that it is highly likely that any changes made in respect to removing the CIA from the proposed amendment will be likely to result in a significantly different version
OR 3 The Planning Minister considers and decides the proposed amendment in its
current form
As discussed in respect to options 1 and 2 above the department is strongly supportive of coordinating the input of the Department of Transport and Main Roads and the Department of Environment and Science to resolve the outstanding matters of state interest It would be greatly appreciated if the council could formally advise the department of its preferred option by close of business on Friday 10 August 2018 If no advice has been received by this date the department will progress the proposed amendment for the Planning Ministerrsquos considers and decision in its current form If you require any further information please contact Mr Graeme Bolton Executive Director Planning Group Department of State Development Manufacturing Infrastructure and Planning on (07) 3452 6741 or Graemeboltondsdmipqldgovau who will be pleased to assist Yours sincerely
Kerry Doss Deputy Director-General
RTI1819-035-DSDMIP - Page 15 of 55
1
Anne Wood
From Kerry DossSent Saturday 16 June 2018 1034 AMTo Stewart Pentland Graeme Bolton Megan BayntunCc Anthony MartiniSubject Re MBRC Planning Scheme Amendment Meeting 13062018
Thanks Stuart We will consider and come back to you Regards Kerry Doss Kerry Doss Deputy Director‐General Planning Group Department of State Development Manufacturing Infrastructure amp Planning P 07 3452 7909 ME kerry dossdsdmip qldgovau
From Stewart Pentland ltStewartPentlandmoretonbayqldgovaugt Sent Thursday June 14 2018 123348 PM To Kerry Doss Graeme Bolton Megan Bayntun Cc Anthony Martini Subject MBRC Planning Scheme Amendment Meeting 13062018 Graeme Kerry and Megan Thank you for your time yesterday Tony and I found the meeting most useful As discussed and agreed in principle
1 Council would document a series of proposed changes to the existing Planning Scheme Amendment that responds to the States direction to remove reference to the CIA and associated service area non‐service area concepts (see attached)
2 Subject to an iterative process between the State and council this information would then form the basis of a conditional approval of the current major scheme amendment amp
3 The existing amendment would then be finalised by way of a conditional approval consistent with points 1 and 2 above ASAP
Please find attached a first draft table outlining what are considered to be the necessary changes to the current amendment We would welcome your thoughts on this so that we can continue to develop its contents with you I note you indicated that for this approach to be utilised you would need to be comfortable that the type of changes proposed did not constitute a substantial change As a consequence we have included a column (Substantial change) that includes our appraisal of each proposed change Again we would welcome your thoughts on this matter also It would be good to progress this matter ASAP In doing so it would be appreciated if you could advise when you consider you may be able to provide a response to these initial draft representations In the interim should you require anything further please let me know
RTI1819-035-DSDMIP - Page 16 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
2
Regards Stewart Pentland Director Planning and Economic Development Moreton Bay Regional Council 2 Hasking Street Caboolture Qld 4510 P 07 5433 2023 MEmail stewartpentlandmoretonbayqldgovau wwwmoretonbayqldgovau
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in this e-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are not a named recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legal privilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete all copies immediately and contact the sender to advise of the error It is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liability for loss or damage arising directly or indirectly from opening this email opening any attachments or any communication errors The views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 17 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
1
Anne Wood
From Stewart Pentland ltStewartPentlandmoretonbayqldgovaugtSent Tuesday 10 July 2018 839 PMTo Graeme BoltonCc Anthony Martini Ann Abbott Kerry DossSubject Re Moreton Bay Regional Council - Amendment to Planning Scheme Progress
Graeme I am concerned your response is straying from what council understood to be our agreement It is important from Councils perspective that the conditions are developed collaboratively Once agreement has been achieved on the conditions content they would then be finalised This was our agreement as we understood it Beyond this it is Councils responsibility to then amend its own scheme and then collaborate with the state on the proposed changes that respond to your conditions As previously discussed and agreed this would occur through a tracked change version of the scheme that we would iterate with you until agreement had been achieved Our appraisal is that those sections of the scheme included in the lsquohigh level tablersquo will be those sections of the scheme that require amendment If the above is no longer the agreement please confirm ASAP Regards Stewart
Sent from SWP iPhone On 10 Jul 2018 at 658 pm Graeme Bolton ltGraemeBoltondsdmipqldgovaugt wrote
Good afternoon Tony Thank you for your email below I do apologise for not being able to take your call I was in a meeting and then subsequently on a teleconference when you phoned As discussed last week we met with DTMR officers who agreed to provide us with additional information by tomorrow We greatly appreciate the councilrsquos willingness to work with the department to find a way forward However given the complexity of the amendments it is not as easy as you portray to have ldquoremoved the CIA and the servicenon service area referencesrdquo All we have at this point in time is a high level table with expressed intent To give effect to this intent involves significant changes to the proposed amendment and carries a very high risk of unintended consequences for the operation of the planning scheme and potential lawfulness of the amendment I am extremely concerned about agreeing to something now only to find out after the Minister has conditionally approved the amendment that the expressed intent cannot be delivered We are endeavouring to find a solution I will advise further once we have received the additional information from DTMR Regards Graeme
RTI1819-035-DSDMIP - Page 18 of 55
2
ltimage001pnggt Graeme Bolton Executive Director Planning and Development Services Planning Group Department of State Development Manufacturing Infrastructure and Planning --------------------------------------------------------------------------------------------------------------------------------------------- P 07 3452 6741 MLevel 13 1 William Street Brisbane QLD 4000 PO Box 15009 City East QLD 4002 wwwdsdmipqldgovau
From Anthony Martini [mailtoAnthonyMartinimoretonbayqldgovau] Sent Tuesday 10 July 2018 108 PM To Graeme Bolton ltGraemeBoltondsdmipqldgovaugt Cc Ann Abbott ltAnnAbbottmoretonbayqldgovaugt Stewart Pentland ltStewartPentlandmoretonbayqldgovaugt Kerry Doss ltKerryDossdsdmipqldgovaugt Subject Moreton Bay Regional Council ‐ Amendment to Planning Scheme Progress Hi Graeme Appreciate that you are busy however I have endeavoured to make contact with you over the past few days for the purposes of understanding where we are at with regards to receiving a partial or full draft condition set to the amendment to the planning scheme It is nearly 4 weeks since we first met at which meeting MBRC offered to remove the CIA and service areas non service areas from the amendment and provided shortly thereafter a table summary of these changes for further discussion and guidance for the State and MBRC to work through You have advised that these changes are agreed in principle You have also advised that the changes need to be worked through I am in a position where I need some information from you as to what is occurring and when to provide to the CEO and Mayor From MBRCrsquos perspective we have undertaken all that has been asked of MBRC ‐ removed the CIA and the servicenon service area references Is there anything else which MBRC needs to consider I await your advice Thanks Tony
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in this e-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are not a named recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legal privilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete all copies immediately and contact the sender to advise of the error It is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liability for loss or damage arising directly or indirectly from opening this email opening any attachments or any communication errors The views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 19 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in this e-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are not a named recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legal privilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete all copies immediately and contact the sender to advise of the error It is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liability for loss or damage arising directly or indirectly from opening this email opening any attachments or any communication errors The views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 20 of 55
1
Anne Wood
From Anthony Martini ltAnthonyMartinimoretonbayqldgovaugtSent Tuesday 3 July 2018 543 PMTo Graeme BoltonCc Stewart Pentland Kerry Doss Garth NolanSubject RE Update on draft conditions
Hi Graeme
Thank you for the update
It would be good to catch up sooner rather than later as it is fast approaching 3 weeks since our initial meeting I
can advise that the Mayor sought advice from me as to where the amendment was at ‐ as I had advised him 10 days
ago that a draft set was to be available with a day or so
As discussed our preference is to collaboratively work on the content of the draft conditions It would be
appreciated if you could send through the balance of the approval and conditions now this will enable us to get the
process moving
Thanks
Tony
From Graeme Bolton [mailtoGraemeBoltondsdmipqldgovau] Sent Tuesday 3 July 2018 307 PM To Anthony Martini ltAnthonyMartinimoretonbayqldgovaugt Cc Stewart Pentland ltStewartPentlandmoretonbayqldgovaugt Kerry Doss ltKerryDossdsdmipqldgovaugt Garth Nolan ltGarthNolandsdmipqldgovaugt Subject Update on draft conditions
Hi Tony
As previously advised I met with senior officers from DTMR today to discuss some concerns theyrsquove raised in
respect to conditioning the proposed amendment I believe we have a way forward and DTMR are working on a
couple of options as a matter of priority I am expecting to have something back from DTMR mid next week We will
continue to work closely with them to try and get something out sooner
As previously discussed we will share the draft conditions once we are satisfied with them We would be happy to
work with you to ensure they are workable from councilrsquos perspective Regards Graeme
RTI1819-035-DSDMIP - Page 21 of 55
2
Graeme Bolton Executive Director Planning and Development Services Planning Group Department of State Development Manufacturing Infrastructure and Planning ---------------------------------------------------------------------------------------------------------------------------------------------
P 07 3452 6741 MLevel 13 1 William Street Brisbane QLD 4000 PO Box 15009 City East QLD 4002 wwwdsdmipqldgovau
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in this e-mail and any
attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are not a named recipient any use of this
information including copying distribution and publication is prohibited Confidentiality and legal privilege are not waived or lost as a result of mistaken or
erroneous delivery If you are not a named recipient please delete all copies immediately and contact the sender to advise of the error
It is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liability for loss or damage
arising directly or indirectly from opening this email opening any attachments or any communication errors
The views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 22 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
From Anthony MartiniTo Graeme BoltonCc Stewart Pentland Kerry Doss Megan BayntunSubject RE MBRC Planning Scheme Amendment Meeting 13062018Date Monday 25 June 2018 80656 AMAttachments image002png
Hi Graeme As per texts over the weekend - Stewart and I will see you from 1030am this morning Thanks Tony
From Graeme Bolton [mailtoGraemeBoltondsdmipqldgovau] Sent Friday 22 June 2018 643 PMTo Anthony Martini ltAnthonyMartinimoretonbayqldgovaugtCc Stewart Pentland ltStewartPentlandmoretonbayqldgovaugt Kerry DossltKerryDossdsdmipqldgovaugt Megan Bayntun ltMeganBayntundsdmipqldgovaugtSubject RE MBRC Planning Scheme Amendment Meeting 13062018 Dear Tony Please accept my apologies for not being able to get back to you earlier today As indicated in mymessage I was unexpectedly tied up all afternoon in an emergent and urgent issue I have reviewed the provided table and support in principle the matters identified in column fourIn respect to the matters identified in column five I can understand and again support in theprinciple the need for additional changes However the extent of changes will need to satisfy thesignificantly different test This is something that the department and Minister cannot resolvefrom This may mean that the desired changes may need to be tempered with what can besupported at this point in time and further decisions made by the council in respect to the riskprofile and whether or not to proceed with particular elements In addition to the above we have examined a couple of mechanisms that may be open to theMinister in deciding the proposed amendment In short we are exploring (a) the ability to partrefuse and part approve subject to conditions or (b) to solely condition The key consideration isto ensure whatever recommendation is made to the Minister the eventual decision can withstandclose scrutiny In both options given the volume of changes we would be also recommending tothe Minister a closing condition that requires the council to submit the changed amendment forendorsement by the Chief Executive prior to adoption by the council Finally as discussed at our last meeting through the second state interest review the Departmentof Environment and Science (DES) identified concerns in relation to koala habitat and the WarnerInvestigation Area structure plan I have been chasing (and have not yet received) additionalinformation and mapping from DES in relation to this At this point in time we would be looking toinclude a condition addresses the protection of the remaining koala habitat I am hoping to getgreater clarity and certainty on this (in terms of scale and location) in the coming days
RTI1819-035-DSDMIP - Page 23 of 55
I will give you a call on Monday to discuss Please do not hesitate to contact me in the interimshould you have questions or concerns Regards Graeme
Graeme BoltonExecutive Director Planning and Development ServicesPlanning GroupDepartment of State Development Manufacturing Infrastructure and Planning---------------------------------------------------------------------------------------------------------------------------------------------
P 07 3452 6741 MLevel 13 1 William Street Brisbane QLD 4000PO Box 15009 City East QLD 4002wwwdsdmipqldgovau
From Stewart Pentland [mailtoStewartPentlandmoretonbayqldgovau] Sent Thursday 14 June 2018 1234 PMTo Kerry Doss ltKerryDossdsdmipqldgovaugt Graeme BoltonltGraemeBoltondsdmipqldgovaugt Megan Bayntun ltMeganBayntundsdmipqldgovaugtCc Anthony Martini ltAnthonyMartinimoretonbayqldgovaugtSubject MBRC Planning Scheme Amendment Meeting 13062018 Graeme Kerry and Megan Thank you for your time yesterday Tony and I found the meeting most useful As discussed and agreed in principle
1 Council would document a series of proposed changes to the existing Planning SchemeAmendment that responds to the States direction to remove reference to the CIA andassociated service area non-service area concepts (see attached)
2 Subject to an iterative process between the State and council this information would thenform the basis of a conditional approval of the current major scheme amendment amp
3 The existing amendment would then be finalised by way of a conditional approval consistentwith points 1 and 2 above ASAP
Please find attached a first draft table outlining what are considered to be the necessary changesto the current amendment We would welcome your thoughts on this so that we can continue todevelop its contents with you I note you indicated that for this approach to be utilised you would need to be comfortable thatthe type of changes proposed did not constitute a substantial change As a consequence we haveincluded a column (Substantial change) that includes our appraisal of each proposed change Againwe would welcome your thoughts on this matter also
RTI1819-035-DSDMIP - Page 24 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
It would be good to progress this matter ASAP In doing so it would be appreciated if you couldadvise when you consider you may be able to provide a response to these initial draftrepresentations In the interim should you require anything further please let me know Regards Stewart PentlandDirectorPlanning and Economic DevelopmentMoreton Bay Regional Council2 Hasking Street Caboolture Qld 4510P 07 5433 2023MEmail stewartpentlandmoretonbayqldgovauwwwmoretonbayqldgovau
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in this e-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are not anamed recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legalprivilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete all copiesimmediately and contact the sender to advise of the errorIt is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liability forloss or damage arising directly or indirectly from opening this email opening any attachments or any communication errorsThe views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
This email and any attachments may contain confidential or privileged information and may be protected by copyright Youmust not use or disclose them other than for the purposes for which they were supplied The confidentiality and privilegeattached to this message and attachment is not waived by reason of mistaken delivery to you If you are not the intendedrecipient you must not use disclose retain forward or reproduce this message or any attachments If you receive this messagein error please notify the sender by return email or telephone and destroy and delete all copies The Department does notaccept any responsibility for any loss or damage that may result from reliance on or use of any information contained in thisemail andor attachments
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in this e-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are not anamed recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legalprivilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete all copiesimmediately and contact the sender to advise of the errorIt is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liability forloss or damage arising directly or indirectly from opening this email opening any attachments or any communication errorsThe views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 25 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
From Anthony MartiniTo Graeme BoltonCc Ann Abbott Stewart Pentland Kerry DossSubject RE Moreton Bay Regional Council - Amendment to Planning Scheme ProgressDate Wednesday 11 July 2018 114220 AMAttachments image002png
Thank you for your e-mail Graeme I look forward to your further advices re this matter My reference to timing was based upon advice provided 2 weeks ago at a meeting betweenMBRC and the State that MBRC was to receive a draft condition set the following day Thanks Tony
From Graeme Bolton [mailtoGraemeBoltondsdmipqldgovau] Sent Tuesday 10 July 2018 658 PMTo Anthony Martini ltAnthonyMartinimoretonbayqldgovaugtCc Ann Abbott ltAnnAbbottmoretonbayqldgovaugt Stewart PentlandltStewartPentlandmoretonbayqldgovaugt Kerry Doss ltKerryDossdsdmipqldgovaugtSubject RE Moreton Bay Regional Council - Amendment to Planning Scheme Progress Good afternoon Tony Thank you for your email below I do apologise for not being able to take your call I was in ameeting and then subsequently on a teleconference when you phoned As discussed last week we met with DTMR officers who agreed to provide us with additionalinformation by tomorrow We greatly appreciate the councilrsquos willingness to work with the department to find a wayforward However given the complexity of the amendments it is not as easy as you portray tohave ldquoremoved the CIA and the servicenon service area referencesrdquo All we have at this point intime is a high level table with expressed intent To give effect to this intent involves significantchanges to the proposed amendment and carries a very high risk of unintended consequencesfor the operation of the planning scheme and potential lawfulness of the amendment I amextremely concerned about agreeing to something now only to find out after the Minister hasconditionally approved the amendment that the expressed intent cannot be delivered We are endeavouring to find a solution I will advise further once we have received theadditional information from DTMR Regards Graeme
RTI1819-035-DSDMIP - Page 26 of 55
Graeme BoltonExecutive Director Planning and Development ServicesPlanning GroupDepartment of State Development Manufacturing Infrastructure and Planning---------------------------------------------------------------------------------------------------------------------------------------------
P 07 3452 6741 MLevel 13 1 William Street Brisbane QLD 4000PO Box 15009 City East QLD 4002wwwdsdmipqldgovau
From Anthony Martini [mailtoAnthonyMartinimoretonbayqldgovau] Sent Tuesday 10 July 2018 108 PMTo Graeme Bolton ltGraemeBoltondsdmipqldgovaugtCc Ann Abbott ltAnnAbbottmoretonbayqldgovaugt Stewart PentlandltStewartPentlandmoretonbayqldgovaugt Kerry Doss ltKerryDossdsdmipqldgovaugtSubject Moreton Bay Regional Council - Amendment to Planning Scheme Progress Hi Graeme Appreciate that you are busy however I have endeavoured to make contact with you over thepast few days for the purposes of understanding where we are at with regards to receiving apartial or full draft condition set to the amendment to the planning scheme It is nearly 4 weeks since we first met at which meeting MBRC offered to remove the CIA andservice areas non service areas from the amendment and provided shortly thereafter a tablesummary of these changes for further discussion and guidance for the State and MBRC to workthrough You have advised that these changes are agreed in principle You have also advised that thechanges need to be worked through I am in a position where I need some information from you as to what is occurring and when toprovide to the CEO and Mayor From MBRCrsquos perspective we have undertaken all that has beenasked of MBRC - removed the CIA and the servicenon service area references Is there anythingelse which MBRC needs to consider I await your advice Thanks Tony
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in thise-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are not
RTI1819-035-DSDMIP - Page 27 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
a named recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legalprivilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete allcopies immediately and contact the sender to advise of the errorIt is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liabilityfor loss or damage arising directly or indirectly from opening this email opening any attachments or any communication errorsThe views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
This email and any attachments may contain confidential or privileged information and may be protected by copyright Youmust not use or disclose them other than for the purposes for which they were supplied The confidentiality and privilegeattached to this message and attachment is not waived by reason of mistaken delivery to you If you are not the intendedrecipient you must not use disclose retain forward or reproduce this message or any attachments If you receive thismessage in error please notify the sender by return email or telephone and destroy and delete all copies The Departmentdoes not accept any responsibility for any loss or damage that may result from reliance on or use of any informationcontained in this email andor attachments
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in thise-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are nota named recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legalprivilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete allcopies immediately and contact the sender to advise of the errorIt is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liabilityfor loss or damage arising directly or indirectly from opening this email opening any attachments or any communication errorsThe views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 28 of 55
1
Anne Wood
Subject Discussion regarding DILGPs position and proposed changes to MBRC - Major Amendment 2Location ltlt1 William Street (1WS) - 36 Floor - Meet 3614gtgt
Organizer Cindy WaltonRequired AttendeesCindy Walton Barbara Ryan Christine ONeill kateislesmoretonbayqldgovau
stewartpentlandmoretonbayqldgovau Graeme Bolton Tess PickeringOptional AttendeesBen Caldwell Ian Wright
Booking Confirmation Your room booking has been accepted with the following booking confirmation details below Building 1 William Street (1WS) Floor 36 Room Meet 3614 Room Setup Meeting Room Info Number Attending 12 Date 12 May 2017 From 1100AM To 1230PM Booked By Cindy Walton Host Cindy Walton Booking ID148766 To Join the meeting please dial sip+61730272906qgaaadqldgovau Notes Recurrence Dates Note 1 If you have booked conferencing resources please cut and paste above meeting details to the Outlook meeting invitation and send update 2 For an audio connection users dial the number only 3 For video (Skype) connections users dial the full address
Organizer Anthony MartiniResources Room - Strathpine Room 2A
Good morning The venue for this meeting is Councilrsquos Strathpine office at 220 Gympie Road Strathpine Entrance to the office is via Customer Service in Hall Street where parking is available on street Upon arrival at customer service you will be asked to complete visitor paperwork and then escorted to meeting room 2A Should you have any queries regarding this meeting request please contact me as below Kind regards Ann Abbott Operations Coordinator Engineering Construction amp Maintenance Moreton Bay Regional Council Stage 3 220 Gympie Road Strathpine P 07 3480 6233 E annabbottmoretonbayqldgovau
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in this e-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are not a named recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legal privilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete all copies immediately and contact the sender to advise of the error It is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liability for loss or damage arising directly or indirectly from opening this email opening any attachments or any communication errors The views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 30 of 55
1
Anne Wood
Subject MBRC Location 1 William St Level 12 Room 1214
Shortly you will receive an email invite to enter 1 William st with instructions on what you will need to provide to
Concierge
I will meet your party in the foyer once you have signed in
Kind regards
Anne
Anne Wood AExecutive Assistant Planning and Development Services | Brisbane Department of State Development Manufacturing Infrastructure and Planning Level 13 1 William St Brisbane QLD 4000 p 07 3452 7115 | e annewooddilgpqldgovau
RTI1819-035-DSDMIP - Page 31 of 55
From Graeme BoltonTo Anthony MartiniCc Stewart Pentland Kerry Doss Megan BayntunSubject RE MBRC Planning Scheme Amendment Meeting 13062018Date Friday 22 June 2018 64200 PMAttachments image001png
Dear Tony Please accept my apologies for not being able to get back to you earlier today As indicated in mymessage I was unexpectedly tied up all afternoon in an emergent and urgent issue I have reviewed the provided table and support in principle the matters identified in column fourIn respect to the matters identified in column five I can understand and again support in theprinciple the need for additional changes However the extent of changes will need to satisfy thesignificantly different test This is something that the department and Minister cannot resolvefrom This may mean that the desired changes may need to be tempered with what can besupported at this point in time and further decisions made by the council in respect to the riskprofile and whether or not to proceed with particular elements In addition to the above we have examined a couple of mechanisms that may be open to theMinister in deciding the proposed amendment In short we are exploring (a) the ability to partrefuse and part approve subject to conditions or (b) to solely condition The key consideration isto ensure whatever recommendation is made to the Minister the eventual decision can withstandclose scrutiny In both options given the volume of changes we would be also recommending tothe Minister a closing condition that requires the council to submit the changed amendment forendorsement by the Chief Executive prior to adoption by the council Finally as discussed at our last meeting through the second state interest review the Departmentof Environment and Science (DES) identified concerns in relation to koala habitat and the WarnerInvestigation Area structure plan I have been chasing (and have not yet received) additionalinformation and mapping from DES in relation to this At this point in time we would be looking toinclude a condition addresses the protection of the remaining koala habitat I am hoping to getgreater clarity and certainty on this (in terms of scale and location) in the coming days I will give you a call on Monday to discuss Please do not hesitate to contact me in the interimshould you have questions or concerns Regards Graeme
Graeme BoltonExecutive Director Planning and Development ServicesPlanning GroupDepartment of State Development Manufacturing Infrastructure and Planning---------------------------------------------------------------------------------------------------------------------------------------------
P 07 3452 6741 MLevel 13 1 William Street Brisbane QLD 4000
RTI1819-035-DSDMIP - Page 32 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
Summary of Proposed Planning Scheme Amendment
MBRC policy end Current MBRC Planning Scheme
Advertised Proposed Planning Scheme
Amendment
Amended Proposed Planning Scheme
Amendment
Other necessary changes to achieve MBRC policy end
Substantial change
Warner growth area - o Enable conversion of existing
industryrural residential to transition to residential outcomes
o Conversion consistent with the SEQ Regional Plan identification of Warner for growth
Industry zone and rural residential surrounded by existing residential and main roads Preliminary approval (Variation) would involve - Impact assessment - Major non-compliance with the
assessment benchmarks
- Zone change to Emerging
Community - Overlay map - Structure
planned area - Level of assessment - Service Area - RAL Code
assessment No Service Area - RAL
Impact assessment
Changes - Delete reference to CIA - Delete reference to service area
non service area Result - No change to Overlay map -
Structure planned area - Level of Assessment - RAL
Code assessment
Strengthening of assessment benchmarks required in the Emerging Community Zone Code andor RAL Code - Emerging Community Zone to assist code assessment
No Maintain overlay map as advertised maintain Level of Assessment remove reference to CIA and remove reference to Service Area and Non-Service Area
Caboolture West growth area - (Area 1) - o Enable Area 1 to proceed to
development including residential and local centre
o Consistent with the SEQ Regional Planrsquos identification of Caboolture West as an expansion area
Preliminary approval (Variation) would involve - Impact assessment - Major non-compliance with the
assessment benchmarks without a Neighhourhood Development Plan for Area 1
- Area 1 - Overlay map -
Structure planned area - Level of assessment Service Area - RAL Code
assessment Non Service Area - RAL
Impact assessment
Changes - Delete reference to CIA - Delete reference to service area
non service area Result - No change to Overlay map -
Structure planned area - Level of assessment - RAL Code
assessment for SPA1
Strengthening of assessment benchmarks required in the Local Plan Zone Code andor RAL Code - Emerging Community Zone to assist code assessment
No Maintain overlay map as advertised maintain Level of Assessment remove reference to CIA remove reference to Service Area and Non-Service Area
Caboolture West growth area - (Balance of Caboolture West) - o Enable subsequent stages to
be structure planned and released through future scheme amendments
Preliminary approval (Variation) would involve - Impact assessment - Major non-compliance with the
assessment benchmarks without a Neighhourhood Development Plan for the relevant area
- Overlay map - Future Structure
plan area - Level of assessment - Impact assessment
Changes - Delete reference to CIA - Delete reference to service area
non service area Result - No change to Overlay map -
Future Structure plan area - Level of assessment - Impact
assessment
Revisit strategic framework to delete CIA and ensure strategic outcomes accurately reflect the future timing of these fronts
No Maintain overlay map as advertised remove reference to CIA Minor change to the strategic framework
Other growth areas to be structure planned and held subject to planning infrastructure requirements and financial obligations being determined o Morayfield o Burpengary east o Narangba east o Joyner
RAL application would involve - Code assessment - Major non-compliance with the
assessment benchmarks in the absence of integrated land use and infrastructure planning
MCU application would involve impact assessment
- Overlay Map - Future structure
planned area - Level of assessment - RAL
Impact assessment - Major non-compliance with the
assessment benchmarks in the absence of integrated land use and infrastructure planning including the strategic outcomes
Changes - Delete references to CIA in the
strategic framework - Delete references to service
area non service area Result - No change to Overlay map -
Future structure planned area
Revisit strategic framework to delete CIA and ensure strategic outcomes accurately reflect the future timing of these fronts
No Maintain overlay map as advertised maintain Level of Assessment and remove reference to CIA
MBRC policy end Current MBRC Planning
Scheme Advertised Proposed
Planning Scheme Amendment
Amended Proposed Planning Scheme
Amendment
Other necessary changes to achieve MBRC policy end
Substantial change
- No change to Level of assessment - RAL Impact assessment
Balance of Proposed Planning Scheme Amendment
Not applicable
Changes proposed (carports setbacks sheds etc)
No further changes to the proposed Planning Scheme Amendment as provided post consultation
Not applicable
Not applicable
PO Box 15009 City East QLD 4002wwwdsdmipqldgovau
From Stewart Pentland [mailtoStewartPentlandmoretonbayqldgovau] Sent Thursday 14 June 2018 1234 PMTo Kerry Doss ltKerryDossdsdmipqldgovaugt Graeme BoltonltGraemeBoltondsdmipqldgovaugt Megan Bayntun ltMeganBayntundsdmipqldgovaugtCc Anthony Martini ltAnthonyMartinimoretonbayqldgovaugtSubject MBRC Planning Scheme Amendment Meeting 13062018 Graeme Kerry and Megan Thank you for your time yesterday Tony and I found the meeting most useful As discussed and agreed in principle
1 Council would document a series of proposed changes to the existing Planning SchemeAmendment that responds to the States direction to remove reference to the CIA andassociated service area non-service area concepts (see attached)
2 Subject to an iterative process between the State and council this information would thenform the basis of a conditional approval of the current major scheme amendment amp
3 The existing amendment would then be finalised by way of a conditional approval consistentwith points 1 and 2 above ASAP
Please find attached a first draft table outlining what are considered to be the necessary changesto the current amendment We would welcome your thoughts on this so that we can continue todevelop its contents with you I note you indicated that for this approach to be utilised you would need to be comfortable thatthe type of changes proposed did not constitute a substantial change As a consequence we haveincluded a column (Substantial change) that includes our appraisal of each proposed change Againwe would welcome your thoughts on this matter also It would be good to progress this matter ASAP In doing so it would be appreciated if you couldadvise when you consider you may be able to provide a response to these initial draftrepresentations In the interim should you require anything further please let me know Regards Stewart PentlandDirectorPlanning and Economic DevelopmentMoreton Bay Regional Council2 Hasking Street Caboolture Qld 4510P 07 5433 2023M Email stewartpentlandmoretonbayqldgovauwwwmoretonbayqldgovau
RTI1819-035-DSDMIP - Page 33 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in this e-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are not anamed recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legalprivilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete all copiesimmediately and contact the sender to advise of the errorIt is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liability forloss or damage arising directly or indirectly from opening this email opening any attachments or any communication errorsThe views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 34 of 55
Summary of Proposed Planning Scheme Amendment
MBRC policy end Current MBRC Planning Scheme
Advertised Proposed Planning Scheme
Amendment
Amended Proposed Planning Scheme
Amendment
Other necessary changes to achieve MBRC policy end
Substantial change
Warner growth area - o Enable conversion of existing
industryrural residential to transition to residential outcomes
o Conversion consistent with the SEQ Regional Plan identification of Warner for growth
Industry zone and rural residential surrounded by existing residential and main roads Preliminary approval (Variation) would involve - Impact assessment - Major non-compliance with the
assessment benchmarks
- Zone change to Emerging
Community - Overlay map - Structure
planned area - Level of assessment - Service Area - RAL Code
assessment No Service Area - RAL
Impact assessment
Changes - Delete reference to CIA - Delete reference to service area
non service area Result - No change to Overlay map -
Structure planned area - Level of Assessment - RAL
Code assessment
Strengthening of assessment benchmarks required in the Emerging Community Zone Code andor RAL Code - Emerging Community Zone to assist code assessment
No Maintain overlay map as advertised maintain Level of Assessment remove reference to CIA and remove reference to Service Area and Non-Service Area
Caboolture West growth area - (Area 1) - o Enable Area 1 to proceed to
development including residential and local centre
o Consistent with the SEQ Regional Planrsquos identification of Caboolture West as an expansion area
Preliminary approval (Variation) would involve - Impact assessment - Major non-compliance with the
assessment benchmarks without a Neighhourhood Development Plan for Area 1
- Area 1 - Overlay map -
Structure planned area - Level of assessment Service Area - RAL Code
assessment Non Service Area - RAL
Impact assessment
Changes - Delete reference to CIA - Delete reference to service area
non service area Result - No change to Overlay map -
Structure planned area - Level of assessment - RAL Code
assessment for SPA1
Strengthening of assessment benchmarks required in the Local Plan Zone Code andor RAL Code - Emerging Community Zone to assist code assessment
No Maintain overlay map as advertised maintain Level of Assessment remove reference to CIA remove reference to Service Area and Non-Service Area
Caboolture West growth area - (Balance of Caboolture West) - o Enable subsequent stages to
be structure planned and released through future scheme amendments
Preliminary approval (Variation) would involve - Impact assessment - Major non-compliance with the
assessment benchmarks without a Neighhourhood Development Plan for the relevant area
- Overlay map - Future Structure
plan area - Level of assessment - Impact assessment
Changes - Delete reference to CIA - Delete reference to service area
non service area Result - No change to Overlay map -
Future Structure plan area - Level of assessment - Impact
assessment
Revisit strategic framework to delete CIA and ensure strategic outcomes accurately reflect the future timing of these fronts
No Maintain overlay map as advertised remove reference to CIA Minor change to the strategic framework
Other growth areas to be structure planned and held subject to planning infrastructure requirements and financial obligations being determined o Morayfield o Burpengary east o Narangba east o Joyner
RAL application would involve - Code assessment - Major non-compliance with the
assessment benchmarks in the absence of integrated land use and infrastructure planning
MCU application would involve impact assessment
- Overlay Map - Future structure
planned area - Level of assessment - RAL
Impact assessment - Major non-compliance with the
assessment benchmarks in the absence of integrated land use and infrastructure planning including the strategic outcomes
Changes - Delete references to CIA in the
strategic framework - Delete references to service
area non service area Result - No change to Overlay map -
Future structure planned area
Revisit strategic framework to delete CIA and ensure strategic outcomes accurately reflect the future timing of these fronts
No Maintain overlay map as advertised maintain Level of Assessment and remove reference to CIA
RTI1819-035-DSDMIP - Page 35 of 55
MBRC policy end Current MBRC Planning
Scheme Advertised Proposed
Planning Scheme Amendment
Amended Proposed Planning Scheme
Amendment
Other necessary changes to achieve MBRC policy end
Substantial change
- No change to Level of assessment - RAL Impact assessment
Balance of Proposed Planning Scheme Amendment
Not applicable
Changes proposed (carports setbacks sheds etc)
No further changes to the proposed Planning Scheme Amendment as provided post consultation
Not applicable
Not applicable
RTI1819-035-DSDMIP - Page 36 of 55
From Graeme BoltonTo Stewart Pentland Kerry Doss Megan BayntunCc Anthony MartiniSubject RE MBRC Planning Scheme Amendment Meeting 13062018Date Monday 18 June 2018 82200 AMAttachments image001png
image002jpg
Hi Stewart Thank you for providing the attached table and below information As per Kerryrsquos email we willreview and respond as soon as possible Regards Graeme
Graeme BoltonExecutive Director Planning and Development ServicesPlanning GroupDepartment of State Development Manufacturing Infrastructure and Planning---------------------------------------------------------------------------------------------------------------------------------------------
P 07 3452 6741 MLevel 13 1 William Street Brisbane QLD 4000PO Box 15009 City East QLD 4002wwwdsdmipqldgovau
From Stewart Pentland [mailtoStewartPentlandmoretonbayqldgovau] Sent Thursday 14 June 2018 1234 PMTo Kerry Doss ltKerryDossdsdmipqldgovaugt Graeme BoltonltGraemeBoltondsdmipqldgovaugt Megan Bayntun ltMeganBayntundsdmipqldgovaugtCc Anthony Martini ltAnthonyMartinimoretonbayqldgovaugtSubject MBRC Planning Scheme Amendment Meeting 13062018 Graeme Kerry and Megan Thank you for your time yesterday Tony and I found the meeting most useful As discussed and agreed in principle
1 Council would document a series of proposed changes to the existing Planning SchemeAmendment that responds to the States direction to remove reference to the CIA andassociated service area non-service area concepts (see attached)
2 Subject to an iterative process between the State and council this information would thenform the basis of a conditional approval of the current major scheme amendment amp
3 The existing amendment would then be finalised by way of a conditional approval consistentwith points 1 and 2 above ASAP
RTI1819-035-DSDMIP - Page 37 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
Please find attached a first draft table outlining what are considered to be the necessary changesto the current amendment We would welcome your thoughts on this so that we can continue todevelop its contents with you I note you indicated that for this approach to be utilised you would need to be comfortable thatthe type of changes proposed did not constitute a substantial change As a consequence we haveincluded a column (Substantial change) that includes our appraisal of each proposed change Againwe would welcome your thoughts on this matter also It would be good to progress this matter ASAP In doing so it would be appreciated if you couldadvise when you consider you may be able to provide a response to these initial draftrepresentations In the interim should you require anything further please let me know Regards Stewart PentlandDirectorPlanning and Economic DevelopmentMoreton Bay Regional Council2 Hasking Street Caboolture Qld 4510P 07 5433 2023M Email stewartpentlandmoretonbayqldgovauwwwmoretonbayqldgovau CCR3_email_signhr
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in this e-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are not anamed recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legalprivilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete all copiesimmediately and contact the sender to advise of the errorIt is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liability forloss or damage arising directly or indirectly from opening this email opening any attachments or any communication errorsThe views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 38 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
From Graeme BoltonTo Anthony MartiniCc Ann Abbott Stewart Pentland Kerry DossSubject RE Moreton Bay Regional Council - Amendment to Planning Scheme ProgressDate Tuesday 10 July 2018 65800 PMAttachments image001png
Good afternoon Tony Thank you for your email below I do apologise for not being able to take your call I was in ameeting and then subsequently on a teleconference when you phoned As discussed last week we met with DTMR officers who agreed to provide us with additionalinformation by tomorrow We greatly appreciate the councilrsquos willingness to work with the department to find a wayforward However given the complexity of the amendments it is not as easy as you portray tohave ldquoremoved the CIA and the servicenon service area referencesrdquo All we have at this point intime is a high level table with expressed intent To give effect to this intent involves significantchanges to the proposed amendment and carries a very high risk of unintended consequencesfor the operation of the planning scheme and potential lawfulness of the amendment I amextremely concerned about agreeing to something now only to find out after the Minister hasconditionally approved the amendment that the expressed intent cannot be delivered We are endeavouring to find a solution I will advise further once we have received theadditional information from DTMR Regards Graeme
Graeme BoltonExecutive Director Planning and Development ServicesPlanning GroupDepartment of State Development Manufacturing Infrastructure and Planning--------------------------------------------------------------- ---------------------------
P 07 3452 6741 MLevel 13 1 William Street Brisbane QLD 4000PO Box 15009 City East QLD 4002wwwdsdmipqldgovau
From Anthony Martini [mailtoAnthonyMartinimoretonbayqldgovau] Sent Tuesday 10 July 2018 108 PMTo Graeme Bolton ltGraemeBoltondsdmipqldgovaugtCc Ann Abbott ltAnnAbbottmoretonbayqldgovaugt Stewart PentlandltStewartPentlandmoretonbayqldgovaugt Kerry Doss ltKerryDossdsdmipqldgovaugtSubject Moreton Bay Regional Council - Amendment to Planning Scheme Progress
RTI1819-035-DSDMIP - Page 39 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
Hi Graeme Appreciate that you are busy however I have endeavoured to make contact with you over thepast few days for the purposes of understanding where we are at with regards to receiving apartial or full draft condition set to the amendment to the planning scheme It is nearly 4 weeks since we first met at which meeting MBRC offered to remove the CIA andservice areas non service areas from the amendment and provided shortly thereafter a tablesummary of these changes for further discussion and guidance for the State and MBRC to workthrough You have advised that these changes are agreed in principle You have also advised that thechanges need to be worked through I am in a position where I need some information from you as to what is occurring and when toprovide to the CEO and Mayor From MBRCrsquos perspective we have undertaken all that has beenasked of MBRC - removed the CIA and the servicenon service area references Is there anythingelse which MBRC needs to consider I await your advice Thanks Tony
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in thise-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are nota named recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legalprivilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete allcopies immediately and contact the sender to advise of the errorIt is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liabilityfor loss or damage arising directly or indirectly from opening this email opening any attachments or any communication errorsThe views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 40 of 55
From Graeme BoltonTo Anthony MartiniCc Stewart Pentland Kerry Doss Garth NolanSubject RE Update on draft conditionsDate Thursday 5 July 2018 30400 PMAttachments image001png
image002png
Hi Tony I appreciate your concerns and we are progressing this as fast as possible As you can alsohopefully appreciate the amendment in its own right is a very large and complex document Thechanges being proposed are not unsubstantial and have multiple unintended consequencesmany of which have the potential to adversely affect matters of state interest As such we aretrying to resolve these to an acceptable level (for the state) before sharing these with you I will forward these to you as soon as possible Regards Graeme
Graeme BoltonExecutive Director Planning and Development ServicesPlanning GroupDepartment of State Development Manufacturing Infrastructure and Planning---------------------------------------------------------------------------------------------------------------------------------------------
P 07 3452 6741 MLevel 13 1 William Street Brisbane QLD 4000PO Box 15009 City East QLD 4002wwwdsdmipqldgovau
From Anthony Martini [mailtoAnthonyMartinimoretonbayqldgovau] Sent Tuesday 3 July 2018 543 PMTo Graeme Bolton ltGraemeBoltondsdmipqldgovaugtCc Stewart Pentland ltStewartPentlandmoretonbayqldgovaugt Kerry DossltKerryDossdsdmipqldgovaugt Garth Nolan ltGarthNolandsdmipqldgovaugtSubject RE Update on draft conditions Hi Graeme Thank you for the update It would be good to catch up sooner rather than later as it is fast approaching 3 weeks since ourinitial meeting I can advise that the Mayor sought advice from me as to where the amendmentwas at - as I had advised him 10 days ago that a draft set was to be available with a day or so As discussed our preference is to collaboratively work on the content of the draft conditions Itwould be appreciated if you could send through the balance of the approval and conditions now
RTI1819-035-DSDMIP - Page 41 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
this will enable us to get the process moving Thanks Tony
From Graeme Bolton [mailtoGraemeBoltondsdmipqldgovau] Sent Tuesday 3 July 2018 307 PMTo Anthony Martini ltAnthonyMartinimoretonbayqldgovaugtCc Stewart Pentland ltStewartPentlandmoretonbayqldgovaugt Kerry DossltKerryDossdsdmipqldgovaugt Garth Nolan ltGarthNolandsdmipqldgovaugtSubject Update on draft conditions Hi Tony As previously advised I met with senior officers from DTMR today to discuss some concernstheyrsquove raised in respect to conditioning the proposed amendment I believe we have a wayforward and DTMR are working on a couple of options as a matter of priority I am expecting tohave something back from DTMR mid next week We will continue to work closely with them totry and get something out sooner As previously discussed we will share the draft conditions once we are satisfied with them Wewould be happy to work with you to ensure they are workable from councilrsquos perspective Regards Graeme
Graeme BoltonExecutive Director Planning and Development ServicesPlanning GroupDepartment of State Development Manufacturing Infrastructure and Planning---------------------------------------------------------------- -------------------------------
P 07 3452 6741 MLevel 13 1 William Street Brisbane QLD 4000PO Box 15009 City East QLD 4002wwwdsdmipqldgovau
This email and any attachments may contain confidential or privileged information and may be protected by copyright Youmust not use or disclose them other than for the purposes for which they were supplied The confidentiality and privilegeattached to this message and attachment is not waived by reason of mistaken delivery to you If you are not the intendedrecipient you must not use disclose retain forward or reproduce this message or any attachments If you receive thismessage in error please notify the sender by return email or telephone and destroy and delete all copies The Departmentdoes not accept any responsibility for any loss or damage that may result from reliance on or use of any informationcontained in this email andor attachments
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in this
e-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are not
RTI1819-035-DSDMIP - Page 42 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
a named recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legal
privilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete all
copies immediately and contact the sender to advise of the error
It is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liability
for loss or damage arising directly or indirectly from opening this email opening any attachments or any communication errors
The views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 43 of 55
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Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
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Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
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Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
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RTI1819-035-DSDMIP - Page 55 of 55
2
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in this e-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are not a named recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legal privilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete all copies immediately and contact the sender to advise of the error It is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liability for loss or damage arising directly or indirectly from opening this email opening any attachments or any communication errors The views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 8 of 55
Summary of Proposed Planning Scheme Amendment
MBRC policy end Current MBRC Planning Scheme
Advertised Proposed Planning Scheme
Amendment
Amended Proposed Planning Scheme
Amendment
Other necessary changes to achieve MBRC policy end
Substantial change
Warner growth area - o Enable conversion of existing
industryrural residential to transition to residential outcomes
o Conversion consistent with the SEQ Regional Plan identification of Warner for growth
Industry zone and rural residential surrounded by existing residential and main roads Preliminary approval (Variation) would involve - Impact assessment - Major non-compliance with the
assessment benchmarks
- Zone change to Emerging
Community - Overlay map - Structure
planned area - Level of assessment - Service Area - RAL Code
assessment No Service Area - RAL
Impact assessment
Changes - Delete reference to CIA - Delete reference to service area
non service area Result - No change to Overlay map -
Structure planned area - Level of Assessment - RAL
Code assessment
Strengthening of assessment benchmarks required in the Emerging Community Zone Code andor RAL Code - Emerging Community Zone to assist code assessment
No Maintain overlay map as advertised maintain Level of Assessment remove reference to CIA and remove reference to Service Area and Non-Service Area
Caboolture West growth area - (Area 1) - o Enable Area 1 to proceed to
development including residential and local centre
o Consistent with the SEQ Regional Planrsquos identification of Caboolture West as an expansion area
Preliminary approval (Variation) would involve - Impact assessment - Major non-compliance with the
assessment benchmarks without a Neighhourhood Development Plan for Area 1
- Area 1 - Overlay map -
Structure planned area - Level of assessment Service Area - RAL Code
assessment Non Service Area - RAL
Impact assessment
Changes - Delete reference to CIA - Delete reference to service area
non service area Result - No change to Overlay map -
Structure planned area - Level of assessment - RAL Code
assessment for SPA1
Strengthening of assessment benchmarks required in the Local Plan Zone Code andor RAL Code - Emerging Community Zone to assist code assessment
No Maintain overlay map as advertised maintain Level of Assessment remove reference to CIA remove reference to Service Area and Non-Service Area
Caboolture West growth area - (Balance of Caboolture West) - o Enable subsequent stages to
be structure planned and released through future scheme amendments
Preliminary approval (Variation) would involve - Impact assessment - Major non-compliance with the
assessment benchmarks without a Neighhourhood Development Plan for the relevant area
- Overlay map - Future Structure
plan area - Level of assessment - Impact assessment
Changes - Delete reference to CIA - Delete reference to service area
non service area Result - No change to Overlay map -
Future Structure plan area - Level of assessment - Impact
assessment
Revisit strategic framework to delete CIA and ensure strategic outcomes accurately reflect the future timing of these fronts
No Maintain overlay map as advertised remove reference to CIA Minor change to the strategic framework
Other growth areas to be structure planned and held subject to planning infrastructure requirements and financial obligations being determined o Morayfield o Burpengary east o Narangba east o Joyner
RAL application would involve - Code assessment - Major non-compliance with the
assessment benchmarks in the absence of integrated land use and infrastructure planning
MCU application would involve impact assessment
- Overlay Map - Future structure
planned area - Level of assessment - RAL
Impact assessment - Major non-compliance with the
assessment benchmarks in the absence of integrated land use and infrastructure planning including the strategic outcomes
Changes - Delete references to CIA in the
strategic framework - Delete references to service
area non service area Result - No change to Overlay map -
Future structure planned area
Revisit strategic framework to delete CIA and ensure strategic outcomes accurately reflect the future timing of these fronts
No Maintain overlay map as advertised maintain Level of Assessment and remove reference to CIA
RTI1819-035-DSDMIP - Page 9 of 55
MBRC policy end Current MBRC Planning
Scheme Advertised Proposed
Planning Scheme Amendment
Amended Proposed Planning Scheme
Amendment
Other necessary changes to achieve MBRC policy end
Substantial change
- No change to Level of assessment - RAL Impact assessment
Balance of Proposed Planning Scheme Amendment
Not applicable
Changes proposed (carports setbacks sheds etc)
No further changes to the proposed Planning Scheme Amendment as provided post consultation
Not applicable
Not applicable
RTI1819-035-DSDMIP - Page 10 of 55
1
Anne Wood
From Anthony Martini ltAnthonyMartinimoretonbayqldgovaugtSent Tuesday 10 July 2018 108 PMTo Graeme BoltonCc Ann Abbott Stewart Pentland Kerry DossSubject Moreton Bay Regional Council - Amendment to Planning Scheme Progress
Hi Graeme Appreciate that you are busy however I have endeavoured to make contact with you over the past few days for the purposes of understanding where we are at with regards to receiving a partial or full draft condition set to the amendment to the planning scheme It is nearly 4 weeks since we first met at which meeting MBRC offered to remove the CIA and service areas non service areas from the amendment and provided shortly thereafter a table summary of these changes for further discussion and guidance for the State and MBRC to work through You have advised that these changes are agreed in principle You have also advised that the changes need to be worked through I am in a position where I need some information from you as to what is occurring and when to provide to the CEO and Mayor From MBRCrsquos perspective we have undertaken all that has been asked of MBRC ‐ removed the CIA and the servicenon service area references Is there anything else which MBRC needs to consider I await your advice Thanks Tony
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in this e-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are not a named recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legal privilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete all copies immediately and contact the sender to advise of the error It is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liability for loss or damage arising directly or indirectly from opening this email opening any attachments or any communication errors The views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 11 of 55
1
Anne Wood
From Anthony Martini ltAnthonyMartinimoretonbayqldgovaugtSent Tuesday 17 July 2018 234 PMTo Graeme BoltonCc Ann Abbott Kerry Doss Stewart PentlandSubject Planning Scheme Amendment
Hi Graeme I have sought not to bother you this past week with requests for updates Stewart and I are briefing the Council next Tuesday as to the current status of MBRCrsquos planning scheme amendment Can you please advise where the State is at by this Friday such that the information we provide the Council is current Have you received information you sought from DTMR last Wednesday I await your advice Thanks Tony
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in this e-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are not a named recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legal privilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete all copies immediately and contact the sender to advise of the error It is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liability for loss or damage arising directly or indirectly from opening this email opening any attachments or any communication errors The views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 12 of 55
1
Anne Wood
From Kerry DossSent Friday 27 July 2018 551 PMTo Anthony MartiniCc Graeme BoltonSubject RE Contact detailsAttachments DDG letter to Anthony Martinipdf
Hi Anthony Letter as requested Please feel free to call should you require any clarification regards
Kerry Doss Deputy Director‐General Planning Group Department of State Development Manufacturing Infrastructure and Planning ---------------------------------------------------------------------------------------------------------------------------------------------
P 07 3452 7909 ME kerrydossdsdmipqldgovau Level 13 1 William Street Brisbane QLD 4000 PO Box 15009 City East QLD 4002 wwwdsdmipqldgovau
From Anthony Martini ltAnthonyMartinimoretonbayqldgovaugt Sent Friday 27 July 2018 516 PM To Kerry Doss ltKerryDossdsdmipqldgovaugt Graeme Bolton ltGraemeBoltondsdmipqldgovaugt Subject Contact details Hi folks Look forward to receiving your letter As advised we briefed the Council yesterday following our meeting The Council is expecting a further briefing next Tuesday Thanks Tony ME Anthonymartinimoretonbayqldgovau
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in this e-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are not a named recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legal privilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete all copies immediately and contact the sender to advise of the error It is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liability for loss or damage arising directly or indirectly from opening this email opening any attachments or any communication errors The views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 13 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
Our ref OUT185247
27 July 2018 Mr Anthony Martini Deputy CEO Director Engineering Construction and Maintenance Moreton Bay Regional Council PO Box 159 CABOOLTURE QLD 4510 Dear Anthony I refer to the 26 July 2018 meeting between yourself Mr Stewart Pentland Mr Graeme Bolton and myself to discuss the proposed Major Amendment 2 (the proposed amendment) to the Moreton Bay Regional Council (the council) planning scheme As you are aware the department has assessed the proposed amendment and cannot support a recommendation to approve the proposed amendment due to the proposed Coordinating Infrastructure Agreement associated provisions (the CIA) and outstanding matters of state interest It was agreed that the Department of State Development Manufacturing Infrastructure and Planning (the department) would consider if it could support approving the proposed amendment subject to conditions to enable the minor elements not associated with structure planning and the CIA to proceed It was understood that these minor elements related to provisions such as development code requirements (eg setback provisions for carports) various overlay maps (eg the walking distance map) and codes and various minor provisions (eg animal husbandry) In particular it was understood that this did not include elements relating to the CIA including structure planned areas which are contingent on the CIA provisions Notwithstanding this understanding the department agreed that it would consider a broader range of changes as proposed in Mr Pentlandrsquos email of 14 June 2018 As discussed at our 26 July 2018 meeting the department has undertaken investigations and has concluded it cannot support a recommendation to approve the proposed amendment subject to conditions This is based on matters of state interest relating to transport infrastructure biodiversity values and the consideration of the significantly different test
RTI1819-035-DSDMIP - Page 14 of 55
Page 2 of 2
As discussed there a number of options available to the council 1 The council formally resolves and withdraws the proposed amendment and
commences a new amendment process As discussed the department would be highly supportive of utilising section 18 of the Planning Act 2016 to create a tailored amendment process (that does not require further public consultation) for the minor elements and a second tailored process (potentially requiring further public consultation) for the structure planning elements of the proposed amendment
OR 2 The council formally places the amendment process on hold and resubmits a
revised version of the proposed amendment Please note that should the council choose this option it will need to satisfy itself that the changes made do not result in a significantly different version of the proposed amendment than the version that underwent public consultation Please be advised that the Planning Minister in addition to the council will also need to be satisfied that the changes made do not result in a significantly different version of the proposed amendment then that which underwent public consultation The department is of the view (noting that it has not seen any possible changes) that it is highly likely that any changes made in respect to removing the CIA from the proposed amendment will be likely to result in a significantly different version
OR 3 The Planning Minister considers and decides the proposed amendment in its
current form
As discussed in respect to options 1 and 2 above the department is strongly supportive of coordinating the input of the Department of Transport and Main Roads and the Department of Environment and Science to resolve the outstanding matters of state interest It would be greatly appreciated if the council could formally advise the department of its preferred option by close of business on Friday 10 August 2018 If no advice has been received by this date the department will progress the proposed amendment for the Planning Ministerrsquos considers and decision in its current form If you require any further information please contact Mr Graeme Bolton Executive Director Planning Group Department of State Development Manufacturing Infrastructure and Planning on (07) 3452 6741 or Graemeboltondsdmipqldgovau who will be pleased to assist Yours sincerely
Kerry Doss Deputy Director-General
RTI1819-035-DSDMIP - Page 15 of 55
1
Anne Wood
From Kerry DossSent Saturday 16 June 2018 1034 AMTo Stewart Pentland Graeme Bolton Megan BayntunCc Anthony MartiniSubject Re MBRC Planning Scheme Amendment Meeting 13062018
Thanks Stuart We will consider and come back to you Regards Kerry Doss Kerry Doss Deputy Director‐General Planning Group Department of State Development Manufacturing Infrastructure amp Planning P 07 3452 7909 ME kerry dossdsdmip qldgovau
From Stewart Pentland ltStewartPentlandmoretonbayqldgovaugt Sent Thursday June 14 2018 123348 PM To Kerry Doss Graeme Bolton Megan Bayntun Cc Anthony Martini Subject MBRC Planning Scheme Amendment Meeting 13062018 Graeme Kerry and Megan Thank you for your time yesterday Tony and I found the meeting most useful As discussed and agreed in principle
1 Council would document a series of proposed changes to the existing Planning Scheme Amendment that responds to the States direction to remove reference to the CIA and associated service area non‐service area concepts (see attached)
2 Subject to an iterative process between the State and council this information would then form the basis of a conditional approval of the current major scheme amendment amp
3 The existing amendment would then be finalised by way of a conditional approval consistent with points 1 and 2 above ASAP
Please find attached a first draft table outlining what are considered to be the necessary changes to the current amendment We would welcome your thoughts on this so that we can continue to develop its contents with you I note you indicated that for this approach to be utilised you would need to be comfortable that the type of changes proposed did not constitute a substantial change As a consequence we have included a column (Substantial change) that includes our appraisal of each proposed change Again we would welcome your thoughts on this matter also It would be good to progress this matter ASAP In doing so it would be appreciated if you could advise when you consider you may be able to provide a response to these initial draft representations In the interim should you require anything further please let me know
RTI1819-035-DSDMIP - Page 16 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
2
Regards Stewart Pentland Director Planning and Economic Development Moreton Bay Regional Council 2 Hasking Street Caboolture Qld 4510 P 07 5433 2023 MEmail stewartpentlandmoretonbayqldgovau wwwmoretonbayqldgovau
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in this e-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are not a named recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legal privilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete all copies immediately and contact the sender to advise of the error It is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liability for loss or damage arising directly or indirectly from opening this email opening any attachments or any communication errors The views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 17 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
1
Anne Wood
From Stewart Pentland ltStewartPentlandmoretonbayqldgovaugtSent Tuesday 10 July 2018 839 PMTo Graeme BoltonCc Anthony Martini Ann Abbott Kerry DossSubject Re Moreton Bay Regional Council - Amendment to Planning Scheme Progress
Graeme I am concerned your response is straying from what council understood to be our agreement It is important from Councils perspective that the conditions are developed collaboratively Once agreement has been achieved on the conditions content they would then be finalised This was our agreement as we understood it Beyond this it is Councils responsibility to then amend its own scheme and then collaborate with the state on the proposed changes that respond to your conditions As previously discussed and agreed this would occur through a tracked change version of the scheme that we would iterate with you until agreement had been achieved Our appraisal is that those sections of the scheme included in the lsquohigh level tablersquo will be those sections of the scheme that require amendment If the above is no longer the agreement please confirm ASAP Regards Stewart
Sent from SWP iPhone On 10 Jul 2018 at 658 pm Graeme Bolton ltGraemeBoltondsdmipqldgovaugt wrote
Good afternoon Tony Thank you for your email below I do apologise for not being able to take your call I was in a meeting and then subsequently on a teleconference when you phoned As discussed last week we met with DTMR officers who agreed to provide us with additional information by tomorrow We greatly appreciate the councilrsquos willingness to work with the department to find a way forward However given the complexity of the amendments it is not as easy as you portray to have ldquoremoved the CIA and the servicenon service area referencesrdquo All we have at this point in time is a high level table with expressed intent To give effect to this intent involves significant changes to the proposed amendment and carries a very high risk of unintended consequences for the operation of the planning scheme and potential lawfulness of the amendment I am extremely concerned about agreeing to something now only to find out after the Minister has conditionally approved the amendment that the expressed intent cannot be delivered We are endeavouring to find a solution I will advise further once we have received the additional information from DTMR Regards Graeme
RTI1819-035-DSDMIP - Page 18 of 55
2
ltimage001pnggt Graeme Bolton Executive Director Planning and Development Services Planning Group Department of State Development Manufacturing Infrastructure and Planning --------------------------------------------------------------------------------------------------------------------------------------------- P 07 3452 6741 MLevel 13 1 William Street Brisbane QLD 4000 PO Box 15009 City East QLD 4002 wwwdsdmipqldgovau
From Anthony Martini [mailtoAnthonyMartinimoretonbayqldgovau] Sent Tuesday 10 July 2018 108 PM To Graeme Bolton ltGraemeBoltondsdmipqldgovaugt Cc Ann Abbott ltAnnAbbottmoretonbayqldgovaugt Stewart Pentland ltStewartPentlandmoretonbayqldgovaugt Kerry Doss ltKerryDossdsdmipqldgovaugt Subject Moreton Bay Regional Council ‐ Amendment to Planning Scheme Progress Hi Graeme Appreciate that you are busy however I have endeavoured to make contact with you over the past few days for the purposes of understanding where we are at with regards to receiving a partial or full draft condition set to the amendment to the planning scheme It is nearly 4 weeks since we first met at which meeting MBRC offered to remove the CIA and service areas non service areas from the amendment and provided shortly thereafter a table summary of these changes for further discussion and guidance for the State and MBRC to work through You have advised that these changes are agreed in principle You have also advised that the changes need to be worked through I am in a position where I need some information from you as to what is occurring and when to provide to the CEO and Mayor From MBRCrsquos perspective we have undertaken all that has been asked of MBRC ‐ removed the CIA and the servicenon service area references Is there anything else which MBRC needs to consider I await your advice Thanks Tony
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in this e-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are not a named recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legal privilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete all copies immediately and contact the sender to advise of the error It is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liability for loss or damage arising directly or indirectly from opening this email opening any attachments or any communication errors The views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 19 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in this e-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are not a named recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legal privilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete all copies immediately and contact the sender to advise of the error It is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liability for loss or damage arising directly or indirectly from opening this email opening any attachments or any communication errors The views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 20 of 55
1
Anne Wood
From Anthony Martini ltAnthonyMartinimoretonbayqldgovaugtSent Tuesday 3 July 2018 543 PMTo Graeme BoltonCc Stewart Pentland Kerry Doss Garth NolanSubject RE Update on draft conditions
Hi Graeme
Thank you for the update
It would be good to catch up sooner rather than later as it is fast approaching 3 weeks since our initial meeting I
can advise that the Mayor sought advice from me as to where the amendment was at ‐ as I had advised him 10 days
ago that a draft set was to be available with a day or so
As discussed our preference is to collaboratively work on the content of the draft conditions It would be
appreciated if you could send through the balance of the approval and conditions now this will enable us to get the
process moving
Thanks
Tony
From Graeme Bolton [mailtoGraemeBoltondsdmipqldgovau] Sent Tuesday 3 July 2018 307 PM To Anthony Martini ltAnthonyMartinimoretonbayqldgovaugt Cc Stewart Pentland ltStewartPentlandmoretonbayqldgovaugt Kerry Doss ltKerryDossdsdmipqldgovaugt Garth Nolan ltGarthNolandsdmipqldgovaugt Subject Update on draft conditions
Hi Tony
As previously advised I met with senior officers from DTMR today to discuss some concerns theyrsquove raised in
respect to conditioning the proposed amendment I believe we have a way forward and DTMR are working on a
couple of options as a matter of priority I am expecting to have something back from DTMR mid next week We will
continue to work closely with them to try and get something out sooner
As previously discussed we will share the draft conditions once we are satisfied with them We would be happy to
work with you to ensure they are workable from councilrsquos perspective Regards Graeme
RTI1819-035-DSDMIP - Page 21 of 55
2
Graeme Bolton Executive Director Planning and Development Services Planning Group Department of State Development Manufacturing Infrastructure and Planning ---------------------------------------------------------------------------------------------------------------------------------------------
P 07 3452 6741 MLevel 13 1 William Street Brisbane QLD 4000 PO Box 15009 City East QLD 4002 wwwdsdmipqldgovau
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in this e-mail and any
attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are not a named recipient any use of this
information including copying distribution and publication is prohibited Confidentiality and legal privilege are not waived or lost as a result of mistaken or
erroneous delivery If you are not a named recipient please delete all copies immediately and contact the sender to advise of the error
It is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liability for loss or damage
arising directly or indirectly from opening this email opening any attachments or any communication errors
The views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 22 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
From Anthony MartiniTo Graeme BoltonCc Stewart Pentland Kerry Doss Megan BayntunSubject RE MBRC Planning Scheme Amendment Meeting 13062018Date Monday 25 June 2018 80656 AMAttachments image002png
Hi Graeme As per texts over the weekend - Stewart and I will see you from 1030am this morning Thanks Tony
From Graeme Bolton [mailtoGraemeBoltondsdmipqldgovau] Sent Friday 22 June 2018 643 PMTo Anthony Martini ltAnthonyMartinimoretonbayqldgovaugtCc Stewart Pentland ltStewartPentlandmoretonbayqldgovaugt Kerry DossltKerryDossdsdmipqldgovaugt Megan Bayntun ltMeganBayntundsdmipqldgovaugtSubject RE MBRC Planning Scheme Amendment Meeting 13062018 Dear Tony Please accept my apologies for not being able to get back to you earlier today As indicated in mymessage I was unexpectedly tied up all afternoon in an emergent and urgent issue I have reviewed the provided table and support in principle the matters identified in column fourIn respect to the matters identified in column five I can understand and again support in theprinciple the need for additional changes However the extent of changes will need to satisfy thesignificantly different test This is something that the department and Minister cannot resolvefrom This may mean that the desired changes may need to be tempered with what can besupported at this point in time and further decisions made by the council in respect to the riskprofile and whether or not to proceed with particular elements In addition to the above we have examined a couple of mechanisms that may be open to theMinister in deciding the proposed amendment In short we are exploring (a) the ability to partrefuse and part approve subject to conditions or (b) to solely condition The key consideration isto ensure whatever recommendation is made to the Minister the eventual decision can withstandclose scrutiny In both options given the volume of changes we would be also recommending tothe Minister a closing condition that requires the council to submit the changed amendment forendorsement by the Chief Executive prior to adoption by the council Finally as discussed at our last meeting through the second state interest review the Departmentof Environment and Science (DES) identified concerns in relation to koala habitat and the WarnerInvestigation Area structure plan I have been chasing (and have not yet received) additionalinformation and mapping from DES in relation to this At this point in time we would be looking toinclude a condition addresses the protection of the remaining koala habitat I am hoping to getgreater clarity and certainty on this (in terms of scale and location) in the coming days
RTI1819-035-DSDMIP - Page 23 of 55
I will give you a call on Monday to discuss Please do not hesitate to contact me in the interimshould you have questions or concerns Regards Graeme
Graeme BoltonExecutive Director Planning and Development ServicesPlanning GroupDepartment of State Development Manufacturing Infrastructure and Planning---------------------------------------------------------------------------------------------------------------------------------------------
P 07 3452 6741 MLevel 13 1 William Street Brisbane QLD 4000PO Box 15009 City East QLD 4002wwwdsdmipqldgovau
From Stewart Pentland [mailtoStewartPentlandmoretonbayqldgovau] Sent Thursday 14 June 2018 1234 PMTo Kerry Doss ltKerryDossdsdmipqldgovaugt Graeme BoltonltGraemeBoltondsdmipqldgovaugt Megan Bayntun ltMeganBayntundsdmipqldgovaugtCc Anthony Martini ltAnthonyMartinimoretonbayqldgovaugtSubject MBRC Planning Scheme Amendment Meeting 13062018 Graeme Kerry and Megan Thank you for your time yesterday Tony and I found the meeting most useful As discussed and agreed in principle
1 Council would document a series of proposed changes to the existing Planning SchemeAmendment that responds to the States direction to remove reference to the CIA andassociated service area non-service area concepts (see attached)
2 Subject to an iterative process between the State and council this information would thenform the basis of a conditional approval of the current major scheme amendment amp
3 The existing amendment would then be finalised by way of a conditional approval consistentwith points 1 and 2 above ASAP
Please find attached a first draft table outlining what are considered to be the necessary changesto the current amendment We would welcome your thoughts on this so that we can continue todevelop its contents with you I note you indicated that for this approach to be utilised you would need to be comfortable thatthe type of changes proposed did not constitute a substantial change As a consequence we haveincluded a column (Substantial change) that includes our appraisal of each proposed change Againwe would welcome your thoughts on this matter also
RTI1819-035-DSDMIP - Page 24 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
It would be good to progress this matter ASAP In doing so it would be appreciated if you couldadvise when you consider you may be able to provide a response to these initial draftrepresentations In the interim should you require anything further please let me know Regards Stewart PentlandDirectorPlanning and Economic DevelopmentMoreton Bay Regional Council2 Hasking Street Caboolture Qld 4510P 07 5433 2023MEmail stewartpentlandmoretonbayqldgovauwwwmoretonbayqldgovau
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in this e-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are not anamed recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legalprivilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete all copiesimmediately and contact the sender to advise of the errorIt is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liability forloss or damage arising directly or indirectly from opening this email opening any attachments or any communication errorsThe views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
This email and any attachments may contain confidential or privileged information and may be protected by copyright Youmust not use or disclose them other than for the purposes for which they were supplied The confidentiality and privilegeattached to this message and attachment is not waived by reason of mistaken delivery to you If you are not the intendedrecipient you must not use disclose retain forward or reproduce this message or any attachments If you receive this messagein error please notify the sender by return email or telephone and destroy and delete all copies The Department does notaccept any responsibility for any loss or damage that may result from reliance on or use of any information contained in thisemail andor attachments
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in this e-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are not anamed recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legalprivilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete all copiesimmediately and contact the sender to advise of the errorIt is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liability forloss or damage arising directly or indirectly from opening this email opening any attachments or any communication errorsThe views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 25 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
From Anthony MartiniTo Graeme BoltonCc Ann Abbott Stewart Pentland Kerry DossSubject RE Moreton Bay Regional Council - Amendment to Planning Scheme ProgressDate Wednesday 11 July 2018 114220 AMAttachments image002png
Thank you for your e-mail Graeme I look forward to your further advices re this matter My reference to timing was based upon advice provided 2 weeks ago at a meeting betweenMBRC and the State that MBRC was to receive a draft condition set the following day Thanks Tony
From Graeme Bolton [mailtoGraemeBoltondsdmipqldgovau] Sent Tuesday 10 July 2018 658 PMTo Anthony Martini ltAnthonyMartinimoretonbayqldgovaugtCc Ann Abbott ltAnnAbbottmoretonbayqldgovaugt Stewart PentlandltStewartPentlandmoretonbayqldgovaugt Kerry Doss ltKerryDossdsdmipqldgovaugtSubject RE Moreton Bay Regional Council - Amendment to Planning Scheme Progress Good afternoon Tony Thank you for your email below I do apologise for not being able to take your call I was in ameeting and then subsequently on a teleconference when you phoned As discussed last week we met with DTMR officers who agreed to provide us with additionalinformation by tomorrow We greatly appreciate the councilrsquos willingness to work with the department to find a wayforward However given the complexity of the amendments it is not as easy as you portray tohave ldquoremoved the CIA and the servicenon service area referencesrdquo All we have at this point intime is a high level table with expressed intent To give effect to this intent involves significantchanges to the proposed amendment and carries a very high risk of unintended consequencesfor the operation of the planning scheme and potential lawfulness of the amendment I amextremely concerned about agreeing to something now only to find out after the Minister hasconditionally approved the amendment that the expressed intent cannot be delivered We are endeavouring to find a solution I will advise further once we have received theadditional information from DTMR Regards Graeme
RTI1819-035-DSDMIP - Page 26 of 55
Graeme BoltonExecutive Director Planning and Development ServicesPlanning GroupDepartment of State Development Manufacturing Infrastructure and Planning---------------------------------------------------------------------------------------------------------------------------------------------
P 07 3452 6741 MLevel 13 1 William Street Brisbane QLD 4000PO Box 15009 City East QLD 4002wwwdsdmipqldgovau
From Anthony Martini [mailtoAnthonyMartinimoretonbayqldgovau] Sent Tuesday 10 July 2018 108 PMTo Graeme Bolton ltGraemeBoltondsdmipqldgovaugtCc Ann Abbott ltAnnAbbottmoretonbayqldgovaugt Stewart PentlandltStewartPentlandmoretonbayqldgovaugt Kerry Doss ltKerryDossdsdmipqldgovaugtSubject Moreton Bay Regional Council - Amendment to Planning Scheme Progress Hi Graeme Appreciate that you are busy however I have endeavoured to make contact with you over thepast few days for the purposes of understanding where we are at with regards to receiving apartial or full draft condition set to the amendment to the planning scheme It is nearly 4 weeks since we first met at which meeting MBRC offered to remove the CIA andservice areas non service areas from the amendment and provided shortly thereafter a tablesummary of these changes for further discussion and guidance for the State and MBRC to workthrough You have advised that these changes are agreed in principle You have also advised that thechanges need to be worked through I am in a position where I need some information from you as to what is occurring and when toprovide to the CEO and Mayor From MBRCrsquos perspective we have undertaken all that has beenasked of MBRC - removed the CIA and the servicenon service area references Is there anythingelse which MBRC needs to consider I await your advice Thanks Tony
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in thise-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are not
RTI1819-035-DSDMIP - Page 27 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
a named recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legalprivilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete allcopies immediately and contact the sender to advise of the errorIt is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liabilityfor loss or damage arising directly or indirectly from opening this email opening any attachments or any communication errorsThe views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
This email and any attachments may contain confidential or privileged information and may be protected by copyright Youmust not use or disclose them other than for the purposes for which they were supplied The confidentiality and privilegeattached to this message and attachment is not waived by reason of mistaken delivery to you If you are not the intendedrecipient you must not use disclose retain forward or reproduce this message or any attachments If you receive thismessage in error please notify the sender by return email or telephone and destroy and delete all copies The Departmentdoes not accept any responsibility for any loss or damage that may result from reliance on or use of any informationcontained in this email andor attachments
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in thise-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are nota named recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legalprivilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete allcopies immediately and contact the sender to advise of the errorIt is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liabilityfor loss or damage arising directly or indirectly from opening this email opening any attachments or any communication errorsThe views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 28 of 55
1
Anne Wood
Subject Discussion regarding DILGPs position and proposed changes to MBRC - Major Amendment 2Location ltlt1 William Street (1WS) - 36 Floor - Meet 3614gtgt
Organizer Cindy WaltonRequired AttendeesCindy Walton Barbara Ryan Christine ONeill kateislesmoretonbayqldgovau
stewartpentlandmoretonbayqldgovau Graeme Bolton Tess PickeringOptional AttendeesBen Caldwell Ian Wright
Booking Confirmation Your room booking has been accepted with the following booking confirmation details below Building 1 William Street (1WS) Floor 36 Room Meet 3614 Room Setup Meeting Room Info Number Attending 12 Date 12 May 2017 From 1100AM To 1230PM Booked By Cindy Walton Host Cindy Walton Booking ID148766 To Join the meeting please dial sip+61730272906qgaaadqldgovau Notes Recurrence Dates Note 1 If you have booked conferencing resources please cut and paste above meeting details to the Outlook meeting invitation and send update 2 For an audio connection users dial the number only 3 For video (Skype) connections users dial the full address
Organizer Anthony MartiniResources Room - Strathpine Room 2A
Good morning The venue for this meeting is Councilrsquos Strathpine office at 220 Gympie Road Strathpine Entrance to the office is via Customer Service in Hall Street where parking is available on street Upon arrival at customer service you will be asked to complete visitor paperwork and then escorted to meeting room 2A Should you have any queries regarding this meeting request please contact me as below Kind regards Ann Abbott Operations Coordinator Engineering Construction amp Maintenance Moreton Bay Regional Council Stage 3 220 Gympie Road Strathpine P 07 3480 6233 E annabbottmoretonbayqldgovau
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in this e-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are not a named recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legal privilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete all copies immediately and contact the sender to advise of the error It is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liability for loss or damage arising directly or indirectly from opening this email opening any attachments or any communication errors The views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 30 of 55
1
Anne Wood
Subject MBRC Location 1 William St Level 12 Room 1214
Shortly you will receive an email invite to enter 1 William st with instructions on what you will need to provide to
Concierge
I will meet your party in the foyer once you have signed in
Kind regards
Anne
Anne Wood AExecutive Assistant Planning and Development Services | Brisbane Department of State Development Manufacturing Infrastructure and Planning Level 13 1 William St Brisbane QLD 4000 p 07 3452 7115 | e annewooddilgpqldgovau
RTI1819-035-DSDMIP - Page 31 of 55
From Graeme BoltonTo Anthony MartiniCc Stewart Pentland Kerry Doss Megan BayntunSubject RE MBRC Planning Scheme Amendment Meeting 13062018Date Friday 22 June 2018 64200 PMAttachments image001png
Dear Tony Please accept my apologies for not being able to get back to you earlier today As indicated in mymessage I was unexpectedly tied up all afternoon in an emergent and urgent issue I have reviewed the provided table and support in principle the matters identified in column fourIn respect to the matters identified in column five I can understand and again support in theprinciple the need for additional changes However the extent of changes will need to satisfy thesignificantly different test This is something that the department and Minister cannot resolvefrom This may mean that the desired changes may need to be tempered with what can besupported at this point in time and further decisions made by the council in respect to the riskprofile and whether or not to proceed with particular elements In addition to the above we have examined a couple of mechanisms that may be open to theMinister in deciding the proposed amendment In short we are exploring (a) the ability to partrefuse and part approve subject to conditions or (b) to solely condition The key consideration isto ensure whatever recommendation is made to the Minister the eventual decision can withstandclose scrutiny In both options given the volume of changes we would be also recommending tothe Minister a closing condition that requires the council to submit the changed amendment forendorsement by the Chief Executive prior to adoption by the council Finally as discussed at our last meeting through the second state interest review the Departmentof Environment and Science (DES) identified concerns in relation to koala habitat and the WarnerInvestigation Area structure plan I have been chasing (and have not yet received) additionalinformation and mapping from DES in relation to this At this point in time we would be looking toinclude a condition addresses the protection of the remaining koala habitat I am hoping to getgreater clarity and certainty on this (in terms of scale and location) in the coming days I will give you a call on Monday to discuss Please do not hesitate to contact me in the interimshould you have questions or concerns Regards Graeme
Graeme BoltonExecutive Director Planning and Development ServicesPlanning GroupDepartment of State Development Manufacturing Infrastructure and Planning---------------------------------------------------------------------------------------------------------------------------------------------
P 07 3452 6741 MLevel 13 1 William Street Brisbane QLD 4000
RTI1819-035-DSDMIP - Page 32 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
Summary of Proposed Planning Scheme Amendment
MBRC policy end Current MBRC Planning Scheme
Advertised Proposed Planning Scheme
Amendment
Amended Proposed Planning Scheme
Amendment
Other necessary changes to achieve MBRC policy end
Substantial change
Warner growth area - o Enable conversion of existing
industryrural residential to transition to residential outcomes
o Conversion consistent with the SEQ Regional Plan identification of Warner for growth
Industry zone and rural residential surrounded by existing residential and main roads Preliminary approval (Variation) would involve - Impact assessment - Major non-compliance with the
assessment benchmarks
- Zone change to Emerging
Community - Overlay map - Structure
planned area - Level of assessment - Service Area - RAL Code
assessment No Service Area - RAL
Impact assessment
Changes - Delete reference to CIA - Delete reference to service area
non service area Result - No change to Overlay map -
Structure planned area - Level of Assessment - RAL
Code assessment
Strengthening of assessment benchmarks required in the Emerging Community Zone Code andor RAL Code - Emerging Community Zone to assist code assessment
No Maintain overlay map as advertised maintain Level of Assessment remove reference to CIA and remove reference to Service Area and Non-Service Area
Caboolture West growth area - (Area 1) - o Enable Area 1 to proceed to
development including residential and local centre
o Consistent with the SEQ Regional Planrsquos identification of Caboolture West as an expansion area
Preliminary approval (Variation) would involve - Impact assessment - Major non-compliance with the
assessment benchmarks without a Neighhourhood Development Plan for Area 1
- Area 1 - Overlay map -
Structure planned area - Level of assessment Service Area - RAL Code
assessment Non Service Area - RAL
Impact assessment
Changes - Delete reference to CIA - Delete reference to service area
non service area Result - No change to Overlay map -
Structure planned area - Level of assessment - RAL Code
assessment for SPA1
Strengthening of assessment benchmarks required in the Local Plan Zone Code andor RAL Code - Emerging Community Zone to assist code assessment
No Maintain overlay map as advertised maintain Level of Assessment remove reference to CIA remove reference to Service Area and Non-Service Area
Caboolture West growth area - (Balance of Caboolture West) - o Enable subsequent stages to
be structure planned and released through future scheme amendments
Preliminary approval (Variation) would involve - Impact assessment - Major non-compliance with the
assessment benchmarks without a Neighhourhood Development Plan for the relevant area
- Overlay map - Future Structure
plan area - Level of assessment - Impact assessment
Changes - Delete reference to CIA - Delete reference to service area
non service area Result - No change to Overlay map -
Future Structure plan area - Level of assessment - Impact
assessment
Revisit strategic framework to delete CIA and ensure strategic outcomes accurately reflect the future timing of these fronts
No Maintain overlay map as advertised remove reference to CIA Minor change to the strategic framework
Other growth areas to be structure planned and held subject to planning infrastructure requirements and financial obligations being determined o Morayfield o Burpengary east o Narangba east o Joyner
RAL application would involve - Code assessment - Major non-compliance with the
assessment benchmarks in the absence of integrated land use and infrastructure planning
MCU application would involve impact assessment
- Overlay Map - Future structure
planned area - Level of assessment - RAL
Impact assessment - Major non-compliance with the
assessment benchmarks in the absence of integrated land use and infrastructure planning including the strategic outcomes
Changes - Delete references to CIA in the
strategic framework - Delete references to service
area non service area Result - No change to Overlay map -
Future structure planned area
Revisit strategic framework to delete CIA and ensure strategic outcomes accurately reflect the future timing of these fronts
No Maintain overlay map as advertised maintain Level of Assessment and remove reference to CIA
MBRC policy end Current MBRC Planning
Scheme Advertised Proposed
Planning Scheme Amendment
Amended Proposed Planning Scheme
Amendment
Other necessary changes to achieve MBRC policy end
Substantial change
- No change to Level of assessment - RAL Impact assessment
Balance of Proposed Planning Scheme Amendment
Not applicable
Changes proposed (carports setbacks sheds etc)
No further changes to the proposed Planning Scheme Amendment as provided post consultation
Not applicable
Not applicable
PO Box 15009 City East QLD 4002wwwdsdmipqldgovau
From Stewart Pentland [mailtoStewartPentlandmoretonbayqldgovau] Sent Thursday 14 June 2018 1234 PMTo Kerry Doss ltKerryDossdsdmipqldgovaugt Graeme BoltonltGraemeBoltondsdmipqldgovaugt Megan Bayntun ltMeganBayntundsdmipqldgovaugtCc Anthony Martini ltAnthonyMartinimoretonbayqldgovaugtSubject MBRC Planning Scheme Amendment Meeting 13062018 Graeme Kerry and Megan Thank you for your time yesterday Tony and I found the meeting most useful As discussed and agreed in principle
1 Council would document a series of proposed changes to the existing Planning SchemeAmendment that responds to the States direction to remove reference to the CIA andassociated service area non-service area concepts (see attached)
2 Subject to an iterative process between the State and council this information would thenform the basis of a conditional approval of the current major scheme amendment amp
3 The existing amendment would then be finalised by way of a conditional approval consistentwith points 1 and 2 above ASAP
Please find attached a first draft table outlining what are considered to be the necessary changesto the current amendment We would welcome your thoughts on this so that we can continue todevelop its contents with you I note you indicated that for this approach to be utilised you would need to be comfortable thatthe type of changes proposed did not constitute a substantial change As a consequence we haveincluded a column (Substantial change) that includes our appraisal of each proposed change Againwe would welcome your thoughts on this matter also It would be good to progress this matter ASAP In doing so it would be appreciated if you couldadvise when you consider you may be able to provide a response to these initial draftrepresentations In the interim should you require anything further please let me know Regards Stewart PentlandDirectorPlanning and Economic DevelopmentMoreton Bay Regional Council2 Hasking Street Caboolture Qld 4510P 07 5433 2023M Email stewartpentlandmoretonbayqldgovauwwwmoretonbayqldgovau
RTI1819-035-DSDMIP - Page 33 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in this e-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are not anamed recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legalprivilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete all copiesimmediately and contact the sender to advise of the errorIt is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liability forloss or damage arising directly or indirectly from opening this email opening any attachments or any communication errorsThe views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 34 of 55
Summary of Proposed Planning Scheme Amendment
MBRC policy end Current MBRC Planning Scheme
Advertised Proposed Planning Scheme
Amendment
Amended Proposed Planning Scheme
Amendment
Other necessary changes to achieve MBRC policy end
Substantial change
Warner growth area - o Enable conversion of existing
industryrural residential to transition to residential outcomes
o Conversion consistent with the SEQ Regional Plan identification of Warner for growth
Industry zone and rural residential surrounded by existing residential and main roads Preliminary approval (Variation) would involve - Impact assessment - Major non-compliance with the
assessment benchmarks
- Zone change to Emerging
Community - Overlay map - Structure
planned area - Level of assessment - Service Area - RAL Code
assessment No Service Area - RAL
Impact assessment
Changes - Delete reference to CIA - Delete reference to service area
non service area Result - No change to Overlay map -
Structure planned area - Level of Assessment - RAL
Code assessment
Strengthening of assessment benchmarks required in the Emerging Community Zone Code andor RAL Code - Emerging Community Zone to assist code assessment
No Maintain overlay map as advertised maintain Level of Assessment remove reference to CIA and remove reference to Service Area and Non-Service Area
Caboolture West growth area - (Area 1) - o Enable Area 1 to proceed to
development including residential and local centre
o Consistent with the SEQ Regional Planrsquos identification of Caboolture West as an expansion area
Preliminary approval (Variation) would involve - Impact assessment - Major non-compliance with the
assessment benchmarks without a Neighhourhood Development Plan for Area 1
- Area 1 - Overlay map -
Structure planned area - Level of assessment Service Area - RAL Code
assessment Non Service Area - RAL
Impact assessment
Changes - Delete reference to CIA - Delete reference to service area
non service area Result - No change to Overlay map -
Structure planned area - Level of assessment - RAL Code
assessment for SPA1
Strengthening of assessment benchmarks required in the Local Plan Zone Code andor RAL Code - Emerging Community Zone to assist code assessment
No Maintain overlay map as advertised maintain Level of Assessment remove reference to CIA remove reference to Service Area and Non-Service Area
Caboolture West growth area - (Balance of Caboolture West) - o Enable subsequent stages to
be structure planned and released through future scheme amendments
Preliminary approval (Variation) would involve - Impact assessment - Major non-compliance with the
assessment benchmarks without a Neighhourhood Development Plan for the relevant area
- Overlay map - Future Structure
plan area - Level of assessment - Impact assessment
Changes - Delete reference to CIA - Delete reference to service area
non service area Result - No change to Overlay map -
Future Structure plan area - Level of assessment - Impact
assessment
Revisit strategic framework to delete CIA and ensure strategic outcomes accurately reflect the future timing of these fronts
No Maintain overlay map as advertised remove reference to CIA Minor change to the strategic framework
Other growth areas to be structure planned and held subject to planning infrastructure requirements and financial obligations being determined o Morayfield o Burpengary east o Narangba east o Joyner
RAL application would involve - Code assessment - Major non-compliance with the
assessment benchmarks in the absence of integrated land use and infrastructure planning
MCU application would involve impact assessment
- Overlay Map - Future structure
planned area - Level of assessment - RAL
Impact assessment - Major non-compliance with the
assessment benchmarks in the absence of integrated land use and infrastructure planning including the strategic outcomes
Changes - Delete references to CIA in the
strategic framework - Delete references to service
area non service area Result - No change to Overlay map -
Future structure planned area
Revisit strategic framework to delete CIA and ensure strategic outcomes accurately reflect the future timing of these fronts
No Maintain overlay map as advertised maintain Level of Assessment and remove reference to CIA
RTI1819-035-DSDMIP - Page 35 of 55
MBRC policy end Current MBRC Planning
Scheme Advertised Proposed
Planning Scheme Amendment
Amended Proposed Planning Scheme
Amendment
Other necessary changes to achieve MBRC policy end
Substantial change
- No change to Level of assessment - RAL Impact assessment
Balance of Proposed Planning Scheme Amendment
Not applicable
Changes proposed (carports setbacks sheds etc)
No further changes to the proposed Planning Scheme Amendment as provided post consultation
Not applicable
Not applicable
RTI1819-035-DSDMIP - Page 36 of 55
From Graeme BoltonTo Stewart Pentland Kerry Doss Megan BayntunCc Anthony MartiniSubject RE MBRC Planning Scheme Amendment Meeting 13062018Date Monday 18 June 2018 82200 AMAttachments image001png
image002jpg
Hi Stewart Thank you for providing the attached table and below information As per Kerryrsquos email we willreview and respond as soon as possible Regards Graeme
Graeme BoltonExecutive Director Planning and Development ServicesPlanning GroupDepartment of State Development Manufacturing Infrastructure and Planning---------------------------------------------------------------------------------------------------------------------------------------------
P 07 3452 6741 MLevel 13 1 William Street Brisbane QLD 4000PO Box 15009 City East QLD 4002wwwdsdmipqldgovau
From Stewart Pentland [mailtoStewartPentlandmoretonbayqldgovau] Sent Thursday 14 June 2018 1234 PMTo Kerry Doss ltKerryDossdsdmipqldgovaugt Graeme BoltonltGraemeBoltondsdmipqldgovaugt Megan Bayntun ltMeganBayntundsdmipqldgovaugtCc Anthony Martini ltAnthonyMartinimoretonbayqldgovaugtSubject MBRC Planning Scheme Amendment Meeting 13062018 Graeme Kerry and Megan Thank you for your time yesterday Tony and I found the meeting most useful As discussed and agreed in principle
1 Council would document a series of proposed changes to the existing Planning SchemeAmendment that responds to the States direction to remove reference to the CIA andassociated service area non-service area concepts (see attached)
2 Subject to an iterative process between the State and council this information would thenform the basis of a conditional approval of the current major scheme amendment amp
3 The existing amendment would then be finalised by way of a conditional approval consistentwith points 1 and 2 above ASAP
RTI1819-035-DSDMIP - Page 37 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
Please find attached a first draft table outlining what are considered to be the necessary changesto the current amendment We would welcome your thoughts on this so that we can continue todevelop its contents with you I note you indicated that for this approach to be utilised you would need to be comfortable thatthe type of changes proposed did not constitute a substantial change As a consequence we haveincluded a column (Substantial change) that includes our appraisal of each proposed change Againwe would welcome your thoughts on this matter also It would be good to progress this matter ASAP In doing so it would be appreciated if you couldadvise when you consider you may be able to provide a response to these initial draftrepresentations In the interim should you require anything further please let me know Regards Stewart PentlandDirectorPlanning and Economic DevelopmentMoreton Bay Regional Council2 Hasking Street Caboolture Qld 4510P 07 5433 2023M Email stewartpentlandmoretonbayqldgovauwwwmoretonbayqldgovau CCR3_email_signhr
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in this e-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are not anamed recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legalprivilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete all copiesimmediately and contact the sender to advise of the errorIt is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liability forloss or damage arising directly or indirectly from opening this email opening any attachments or any communication errorsThe views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 38 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
From Graeme BoltonTo Anthony MartiniCc Ann Abbott Stewart Pentland Kerry DossSubject RE Moreton Bay Regional Council - Amendment to Planning Scheme ProgressDate Tuesday 10 July 2018 65800 PMAttachments image001png
Good afternoon Tony Thank you for your email below I do apologise for not being able to take your call I was in ameeting and then subsequently on a teleconference when you phoned As discussed last week we met with DTMR officers who agreed to provide us with additionalinformation by tomorrow We greatly appreciate the councilrsquos willingness to work with the department to find a wayforward However given the complexity of the amendments it is not as easy as you portray tohave ldquoremoved the CIA and the servicenon service area referencesrdquo All we have at this point intime is a high level table with expressed intent To give effect to this intent involves significantchanges to the proposed amendment and carries a very high risk of unintended consequencesfor the operation of the planning scheme and potential lawfulness of the amendment I amextremely concerned about agreeing to something now only to find out after the Minister hasconditionally approved the amendment that the expressed intent cannot be delivered We are endeavouring to find a solution I will advise further once we have received theadditional information from DTMR Regards Graeme
Graeme BoltonExecutive Director Planning and Development ServicesPlanning GroupDepartment of State Development Manufacturing Infrastructure and Planning--------------------------------------------------------------- ---------------------------
P 07 3452 6741 MLevel 13 1 William Street Brisbane QLD 4000PO Box 15009 City East QLD 4002wwwdsdmipqldgovau
From Anthony Martini [mailtoAnthonyMartinimoretonbayqldgovau] Sent Tuesday 10 July 2018 108 PMTo Graeme Bolton ltGraemeBoltondsdmipqldgovaugtCc Ann Abbott ltAnnAbbottmoretonbayqldgovaugt Stewart PentlandltStewartPentlandmoretonbayqldgovaugt Kerry Doss ltKerryDossdsdmipqldgovaugtSubject Moreton Bay Regional Council - Amendment to Planning Scheme Progress
RTI1819-035-DSDMIP - Page 39 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
Hi Graeme Appreciate that you are busy however I have endeavoured to make contact with you over thepast few days for the purposes of understanding where we are at with regards to receiving apartial or full draft condition set to the amendment to the planning scheme It is nearly 4 weeks since we first met at which meeting MBRC offered to remove the CIA andservice areas non service areas from the amendment and provided shortly thereafter a tablesummary of these changes for further discussion and guidance for the State and MBRC to workthrough You have advised that these changes are agreed in principle You have also advised that thechanges need to be worked through I am in a position where I need some information from you as to what is occurring and when toprovide to the CEO and Mayor From MBRCrsquos perspective we have undertaken all that has beenasked of MBRC - removed the CIA and the servicenon service area references Is there anythingelse which MBRC needs to consider I await your advice Thanks Tony
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in thise-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are nota named recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legalprivilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete allcopies immediately and contact the sender to advise of the errorIt is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liabilityfor loss or damage arising directly or indirectly from opening this email opening any attachments or any communication errorsThe views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 40 of 55
From Graeme BoltonTo Anthony MartiniCc Stewart Pentland Kerry Doss Garth NolanSubject RE Update on draft conditionsDate Thursday 5 July 2018 30400 PMAttachments image001png
image002png
Hi Tony I appreciate your concerns and we are progressing this as fast as possible As you can alsohopefully appreciate the amendment in its own right is a very large and complex document Thechanges being proposed are not unsubstantial and have multiple unintended consequencesmany of which have the potential to adversely affect matters of state interest As such we aretrying to resolve these to an acceptable level (for the state) before sharing these with you I will forward these to you as soon as possible Regards Graeme
Graeme BoltonExecutive Director Planning and Development ServicesPlanning GroupDepartment of State Development Manufacturing Infrastructure and Planning---------------------------------------------------------------------------------------------------------------------------------------------
P 07 3452 6741 MLevel 13 1 William Street Brisbane QLD 4000PO Box 15009 City East QLD 4002wwwdsdmipqldgovau
From Anthony Martini [mailtoAnthonyMartinimoretonbayqldgovau] Sent Tuesday 3 July 2018 543 PMTo Graeme Bolton ltGraemeBoltondsdmipqldgovaugtCc Stewart Pentland ltStewartPentlandmoretonbayqldgovaugt Kerry DossltKerryDossdsdmipqldgovaugt Garth Nolan ltGarthNolandsdmipqldgovaugtSubject RE Update on draft conditions Hi Graeme Thank you for the update It would be good to catch up sooner rather than later as it is fast approaching 3 weeks since ourinitial meeting I can advise that the Mayor sought advice from me as to where the amendmentwas at - as I had advised him 10 days ago that a draft set was to be available with a day or so As discussed our preference is to collaboratively work on the content of the draft conditions Itwould be appreciated if you could send through the balance of the approval and conditions now
RTI1819-035-DSDMIP - Page 41 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
this will enable us to get the process moving Thanks Tony
From Graeme Bolton [mailtoGraemeBoltondsdmipqldgovau] Sent Tuesday 3 July 2018 307 PMTo Anthony Martini ltAnthonyMartinimoretonbayqldgovaugtCc Stewart Pentland ltStewartPentlandmoretonbayqldgovaugt Kerry DossltKerryDossdsdmipqldgovaugt Garth Nolan ltGarthNolandsdmipqldgovaugtSubject Update on draft conditions Hi Tony As previously advised I met with senior officers from DTMR today to discuss some concernstheyrsquove raised in respect to conditioning the proposed amendment I believe we have a wayforward and DTMR are working on a couple of options as a matter of priority I am expecting tohave something back from DTMR mid next week We will continue to work closely with them totry and get something out sooner As previously discussed we will share the draft conditions once we are satisfied with them Wewould be happy to work with you to ensure they are workable from councilrsquos perspective Regards Graeme
Graeme BoltonExecutive Director Planning and Development ServicesPlanning GroupDepartment of State Development Manufacturing Infrastructure and Planning---------------------------------------------------------------- -------------------------------
P 07 3452 6741 MLevel 13 1 William Street Brisbane QLD 4000PO Box 15009 City East QLD 4002wwwdsdmipqldgovau
This email and any attachments may contain confidential or privileged information and may be protected by copyright Youmust not use or disclose them other than for the purposes for which they were supplied The confidentiality and privilegeattached to this message and attachment is not waived by reason of mistaken delivery to you If you are not the intendedrecipient you must not use disclose retain forward or reproduce this message or any attachments If you receive thismessage in error please notify the sender by return email or telephone and destroy and delete all copies The Departmentdoes not accept any responsibility for any loss or damage that may result from reliance on or use of any informationcontained in this email andor attachments
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in this
e-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are not
RTI1819-035-DSDMIP - Page 42 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
a named recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legal
privilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete all
copies immediately and contact the sender to advise of the error
It is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liability
for loss or damage arising directly or indirectly from opening this email opening any attachments or any communication errors
The views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 43 of 55
RTI1819-035-DSDMIP - Page 44 of 55
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RTI1819-035-DSDMIP - Page 46 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
RTI1819-035-DSDMIP - Page 47 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
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Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
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Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
RTI1819-035-DSDMIP - Page 54 of 55
RTI1819-035-DSDMIP - Page 55 of 55
Summary of Proposed Planning Scheme Amendment
MBRC policy end Current MBRC Planning Scheme
Advertised Proposed Planning Scheme
Amendment
Amended Proposed Planning Scheme
Amendment
Other necessary changes to achieve MBRC policy end
Substantial change
Warner growth area - o Enable conversion of existing
industryrural residential to transition to residential outcomes
o Conversion consistent with the SEQ Regional Plan identification of Warner for growth
Industry zone and rural residential surrounded by existing residential and main roads Preliminary approval (Variation) would involve - Impact assessment - Major non-compliance with the
assessment benchmarks
- Zone change to Emerging
Community - Overlay map - Structure
planned area - Level of assessment - Service Area - RAL Code
assessment No Service Area - RAL
Impact assessment
Changes - Delete reference to CIA - Delete reference to service area
non service area Result - No change to Overlay map -
Structure planned area - Level of Assessment - RAL
Code assessment
Strengthening of assessment benchmarks required in the Emerging Community Zone Code andor RAL Code - Emerging Community Zone to assist code assessment
No Maintain overlay map as advertised maintain Level of Assessment remove reference to CIA and remove reference to Service Area and Non-Service Area
Caboolture West growth area - (Area 1) - o Enable Area 1 to proceed to
development including residential and local centre
o Consistent with the SEQ Regional Planrsquos identification of Caboolture West as an expansion area
Preliminary approval (Variation) would involve - Impact assessment - Major non-compliance with the
assessment benchmarks without a Neighhourhood Development Plan for Area 1
- Area 1 - Overlay map -
Structure planned area - Level of assessment Service Area - RAL Code
assessment Non Service Area - RAL
Impact assessment
Changes - Delete reference to CIA - Delete reference to service area
non service area Result - No change to Overlay map -
Structure planned area - Level of assessment - RAL Code
assessment for SPA1
Strengthening of assessment benchmarks required in the Local Plan Zone Code andor RAL Code - Emerging Community Zone to assist code assessment
No Maintain overlay map as advertised maintain Level of Assessment remove reference to CIA remove reference to Service Area and Non-Service Area
Caboolture West growth area - (Balance of Caboolture West) - o Enable subsequent stages to
be structure planned and released through future scheme amendments
Preliminary approval (Variation) would involve - Impact assessment - Major non-compliance with the
assessment benchmarks without a Neighhourhood Development Plan for the relevant area
- Overlay map - Future Structure
plan area - Level of assessment - Impact assessment
Changes - Delete reference to CIA - Delete reference to service area
non service area Result - No change to Overlay map -
Future Structure plan area - Level of assessment - Impact
assessment
Revisit strategic framework to delete CIA and ensure strategic outcomes accurately reflect the future timing of these fronts
No Maintain overlay map as advertised remove reference to CIA Minor change to the strategic framework
Other growth areas to be structure planned and held subject to planning infrastructure requirements and financial obligations being determined o Morayfield o Burpengary east o Narangba east o Joyner
RAL application would involve - Code assessment - Major non-compliance with the
assessment benchmarks in the absence of integrated land use and infrastructure planning
MCU application would involve impact assessment
- Overlay Map - Future structure
planned area - Level of assessment - RAL
Impact assessment - Major non-compliance with the
assessment benchmarks in the absence of integrated land use and infrastructure planning including the strategic outcomes
Changes - Delete references to CIA in the
strategic framework - Delete references to service
area non service area Result - No change to Overlay map -
Future structure planned area
Revisit strategic framework to delete CIA and ensure strategic outcomes accurately reflect the future timing of these fronts
No Maintain overlay map as advertised maintain Level of Assessment and remove reference to CIA
RTI1819-035-DSDMIP - Page 9 of 55
MBRC policy end Current MBRC Planning
Scheme Advertised Proposed
Planning Scheme Amendment
Amended Proposed Planning Scheme
Amendment
Other necessary changes to achieve MBRC policy end
Substantial change
- No change to Level of assessment - RAL Impact assessment
Balance of Proposed Planning Scheme Amendment
Not applicable
Changes proposed (carports setbacks sheds etc)
No further changes to the proposed Planning Scheme Amendment as provided post consultation
Not applicable
Not applicable
RTI1819-035-DSDMIP - Page 10 of 55
1
Anne Wood
From Anthony Martini ltAnthonyMartinimoretonbayqldgovaugtSent Tuesday 10 July 2018 108 PMTo Graeme BoltonCc Ann Abbott Stewart Pentland Kerry DossSubject Moreton Bay Regional Council - Amendment to Planning Scheme Progress
Hi Graeme Appreciate that you are busy however I have endeavoured to make contact with you over the past few days for the purposes of understanding where we are at with regards to receiving a partial or full draft condition set to the amendment to the planning scheme It is nearly 4 weeks since we first met at which meeting MBRC offered to remove the CIA and service areas non service areas from the amendment and provided shortly thereafter a table summary of these changes for further discussion and guidance for the State and MBRC to work through You have advised that these changes are agreed in principle You have also advised that the changes need to be worked through I am in a position where I need some information from you as to what is occurring and when to provide to the CEO and Mayor From MBRCrsquos perspective we have undertaken all that has been asked of MBRC ‐ removed the CIA and the servicenon service area references Is there anything else which MBRC needs to consider I await your advice Thanks Tony
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in this e-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are not a named recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legal privilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete all copies immediately and contact the sender to advise of the error It is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liability for loss or damage arising directly or indirectly from opening this email opening any attachments or any communication errors The views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 11 of 55
1
Anne Wood
From Anthony Martini ltAnthonyMartinimoretonbayqldgovaugtSent Tuesday 17 July 2018 234 PMTo Graeme BoltonCc Ann Abbott Kerry Doss Stewart PentlandSubject Planning Scheme Amendment
Hi Graeme I have sought not to bother you this past week with requests for updates Stewart and I are briefing the Council next Tuesday as to the current status of MBRCrsquos planning scheme amendment Can you please advise where the State is at by this Friday such that the information we provide the Council is current Have you received information you sought from DTMR last Wednesday I await your advice Thanks Tony
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in this e-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are not a named recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legal privilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete all copies immediately and contact the sender to advise of the error It is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liability for loss or damage arising directly or indirectly from opening this email opening any attachments or any communication errors The views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 12 of 55
1
Anne Wood
From Kerry DossSent Friday 27 July 2018 551 PMTo Anthony MartiniCc Graeme BoltonSubject RE Contact detailsAttachments DDG letter to Anthony Martinipdf
Hi Anthony Letter as requested Please feel free to call should you require any clarification regards
Kerry Doss Deputy Director‐General Planning Group Department of State Development Manufacturing Infrastructure and Planning ---------------------------------------------------------------------------------------------------------------------------------------------
P 07 3452 7909 ME kerrydossdsdmipqldgovau Level 13 1 William Street Brisbane QLD 4000 PO Box 15009 City East QLD 4002 wwwdsdmipqldgovau
From Anthony Martini ltAnthonyMartinimoretonbayqldgovaugt Sent Friday 27 July 2018 516 PM To Kerry Doss ltKerryDossdsdmipqldgovaugt Graeme Bolton ltGraemeBoltondsdmipqldgovaugt Subject Contact details Hi folks Look forward to receiving your letter As advised we briefed the Council yesterday following our meeting The Council is expecting a further briefing next Tuesday Thanks Tony ME Anthonymartinimoretonbayqldgovau
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in this e-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are not a named recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legal privilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete all copies immediately and contact the sender to advise of the error It is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liability for loss or damage arising directly or indirectly from opening this email opening any attachments or any communication errors The views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 13 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
Our ref OUT185247
27 July 2018 Mr Anthony Martini Deputy CEO Director Engineering Construction and Maintenance Moreton Bay Regional Council PO Box 159 CABOOLTURE QLD 4510 Dear Anthony I refer to the 26 July 2018 meeting between yourself Mr Stewart Pentland Mr Graeme Bolton and myself to discuss the proposed Major Amendment 2 (the proposed amendment) to the Moreton Bay Regional Council (the council) planning scheme As you are aware the department has assessed the proposed amendment and cannot support a recommendation to approve the proposed amendment due to the proposed Coordinating Infrastructure Agreement associated provisions (the CIA) and outstanding matters of state interest It was agreed that the Department of State Development Manufacturing Infrastructure and Planning (the department) would consider if it could support approving the proposed amendment subject to conditions to enable the minor elements not associated with structure planning and the CIA to proceed It was understood that these minor elements related to provisions such as development code requirements (eg setback provisions for carports) various overlay maps (eg the walking distance map) and codes and various minor provisions (eg animal husbandry) In particular it was understood that this did not include elements relating to the CIA including structure planned areas which are contingent on the CIA provisions Notwithstanding this understanding the department agreed that it would consider a broader range of changes as proposed in Mr Pentlandrsquos email of 14 June 2018 As discussed at our 26 July 2018 meeting the department has undertaken investigations and has concluded it cannot support a recommendation to approve the proposed amendment subject to conditions This is based on matters of state interest relating to transport infrastructure biodiversity values and the consideration of the significantly different test
RTI1819-035-DSDMIP - Page 14 of 55
Page 2 of 2
As discussed there a number of options available to the council 1 The council formally resolves and withdraws the proposed amendment and
commences a new amendment process As discussed the department would be highly supportive of utilising section 18 of the Planning Act 2016 to create a tailored amendment process (that does not require further public consultation) for the minor elements and a second tailored process (potentially requiring further public consultation) for the structure planning elements of the proposed amendment
OR 2 The council formally places the amendment process on hold and resubmits a
revised version of the proposed amendment Please note that should the council choose this option it will need to satisfy itself that the changes made do not result in a significantly different version of the proposed amendment than the version that underwent public consultation Please be advised that the Planning Minister in addition to the council will also need to be satisfied that the changes made do not result in a significantly different version of the proposed amendment then that which underwent public consultation The department is of the view (noting that it has not seen any possible changes) that it is highly likely that any changes made in respect to removing the CIA from the proposed amendment will be likely to result in a significantly different version
OR 3 The Planning Minister considers and decides the proposed amendment in its
current form
As discussed in respect to options 1 and 2 above the department is strongly supportive of coordinating the input of the Department of Transport and Main Roads and the Department of Environment and Science to resolve the outstanding matters of state interest It would be greatly appreciated if the council could formally advise the department of its preferred option by close of business on Friday 10 August 2018 If no advice has been received by this date the department will progress the proposed amendment for the Planning Ministerrsquos considers and decision in its current form If you require any further information please contact Mr Graeme Bolton Executive Director Planning Group Department of State Development Manufacturing Infrastructure and Planning on (07) 3452 6741 or Graemeboltondsdmipqldgovau who will be pleased to assist Yours sincerely
Kerry Doss Deputy Director-General
RTI1819-035-DSDMIP - Page 15 of 55
1
Anne Wood
From Kerry DossSent Saturday 16 June 2018 1034 AMTo Stewart Pentland Graeme Bolton Megan BayntunCc Anthony MartiniSubject Re MBRC Planning Scheme Amendment Meeting 13062018
Thanks Stuart We will consider and come back to you Regards Kerry Doss Kerry Doss Deputy Director‐General Planning Group Department of State Development Manufacturing Infrastructure amp Planning P 07 3452 7909 ME kerry dossdsdmip qldgovau
From Stewart Pentland ltStewartPentlandmoretonbayqldgovaugt Sent Thursday June 14 2018 123348 PM To Kerry Doss Graeme Bolton Megan Bayntun Cc Anthony Martini Subject MBRC Planning Scheme Amendment Meeting 13062018 Graeme Kerry and Megan Thank you for your time yesterday Tony and I found the meeting most useful As discussed and agreed in principle
1 Council would document a series of proposed changes to the existing Planning Scheme Amendment that responds to the States direction to remove reference to the CIA and associated service area non‐service area concepts (see attached)
2 Subject to an iterative process between the State and council this information would then form the basis of a conditional approval of the current major scheme amendment amp
3 The existing amendment would then be finalised by way of a conditional approval consistent with points 1 and 2 above ASAP
Please find attached a first draft table outlining what are considered to be the necessary changes to the current amendment We would welcome your thoughts on this so that we can continue to develop its contents with you I note you indicated that for this approach to be utilised you would need to be comfortable that the type of changes proposed did not constitute a substantial change As a consequence we have included a column (Substantial change) that includes our appraisal of each proposed change Again we would welcome your thoughts on this matter also It would be good to progress this matter ASAP In doing so it would be appreciated if you could advise when you consider you may be able to provide a response to these initial draft representations In the interim should you require anything further please let me know
RTI1819-035-DSDMIP - Page 16 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
2
Regards Stewart Pentland Director Planning and Economic Development Moreton Bay Regional Council 2 Hasking Street Caboolture Qld 4510 P 07 5433 2023 MEmail stewartpentlandmoretonbayqldgovau wwwmoretonbayqldgovau
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in this e-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are not a named recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legal privilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete all copies immediately and contact the sender to advise of the error It is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liability for loss or damage arising directly or indirectly from opening this email opening any attachments or any communication errors The views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 17 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
1
Anne Wood
From Stewart Pentland ltStewartPentlandmoretonbayqldgovaugtSent Tuesday 10 July 2018 839 PMTo Graeme BoltonCc Anthony Martini Ann Abbott Kerry DossSubject Re Moreton Bay Regional Council - Amendment to Planning Scheme Progress
Graeme I am concerned your response is straying from what council understood to be our agreement It is important from Councils perspective that the conditions are developed collaboratively Once agreement has been achieved on the conditions content they would then be finalised This was our agreement as we understood it Beyond this it is Councils responsibility to then amend its own scheme and then collaborate with the state on the proposed changes that respond to your conditions As previously discussed and agreed this would occur through a tracked change version of the scheme that we would iterate with you until agreement had been achieved Our appraisal is that those sections of the scheme included in the lsquohigh level tablersquo will be those sections of the scheme that require amendment If the above is no longer the agreement please confirm ASAP Regards Stewart
Sent from SWP iPhone On 10 Jul 2018 at 658 pm Graeme Bolton ltGraemeBoltondsdmipqldgovaugt wrote
Good afternoon Tony Thank you for your email below I do apologise for not being able to take your call I was in a meeting and then subsequently on a teleconference when you phoned As discussed last week we met with DTMR officers who agreed to provide us with additional information by tomorrow We greatly appreciate the councilrsquos willingness to work with the department to find a way forward However given the complexity of the amendments it is not as easy as you portray to have ldquoremoved the CIA and the servicenon service area referencesrdquo All we have at this point in time is a high level table with expressed intent To give effect to this intent involves significant changes to the proposed amendment and carries a very high risk of unintended consequences for the operation of the planning scheme and potential lawfulness of the amendment I am extremely concerned about agreeing to something now only to find out after the Minister has conditionally approved the amendment that the expressed intent cannot be delivered We are endeavouring to find a solution I will advise further once we have received the additional information from DTMR Regards Graeme
RTI1819-035-DSDMIP - Page 18 of 55
2
ltimage001pnggt Graeme Bolton Executive Director Planning and Development Services Planning Group Department of State Development Manufacturing Infrastructure and Planning --------------------------------------------------------------------------------------------------------------------------------------------- P 07 3452 6741 MLevel 13 1 William Street Brisbane QLD 4000 PO Box 15009 City East QLD 4002 wwwdsdmipqldgovau
From Anthony Martini [mailtoAnthonyMartinimoretonbayqldgovau] Sent Tuesday 10 July 2018 108 PM To Graeme Bolton ltGraemeBoltondsdmipqldgovaugt Cc Ann Abbott ltAnnAbbottmoretonbayqldgovaugt Stewart Pentland ltStewartPentlandmoretonbayqldgovaugt Kerry Doss ltKerryDossdsdmipqldgovaugt Subject Moreton Bay Regional Council ‐ Amendment to Planning Scheme Progress Hi Graeme Appreciate that you are busy however I have endeavoured to make contact with you over the past few days for the purposes of understanding where we are at with regards to receiving a partial or full draft condition set to the amendment to the planning scheme It is nearly 4 weeks since we first met at which meeting MBRC offered to remove the CIA and service areas non service areas from the amendment and provided shortly thereafter a table summary of these changes for further discussion and guidance for the State and MBRC to work through You have advised that these changes are agreed in principle You have also advised that the changes need to be worked through I am in a position where I need some information from you as to what is occurring and when to provide to the CEO and Mayor From MBRCrsquos perspective we have undertaken all that has been asked of MBRC ‐ removed the CIA and the servicenon service area references Is there anything else which MBRC needs to consider I await your advice Thanks Tony
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in this e-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are not a named recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legal privilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete all copies immediately and contact the sender to advise of the error It is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liability for loss or damage arising directly or indirectly from opening this email opening any attachments or any communication errors The views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 19 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in this e-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are not a named recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legal privilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete all copies immediately and contact the sender to advise of the error It is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liability for loss or damage arising directly or indirectly from opening this email opening any attachments or any communication errors The views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 20 of 55
1
Anne Wood
From Anthony Martini ltAnthonyMartinimoretonbayqldgovaugtSent Tuesday 3 July 2018 543 PMTo Graeme BoltonCc Stewart Pentland Kerry Doss Garth NolanSubject RE Update on draft conditions
Hi Graeme
Thank you for the update
It would be good to catch up sooner rather than later as it is fast approaching 3 weeks since our initial meeting I
can advise that the Mayor sought advice from me as to where the amendment was at ‐ as I had advised him 10 days
ago that a draft set was to be available with a day or so
As discussed our preference is to collaboratively work on the content of the draft conditions It would be
appreciated if you could send through the balance of the approval and conditions now this will enable us to get the
process moving
Thanks
Tony
From Graeme Bolton [mailtoGraemeBoltondsdmipqldgovau] Sent Tuesday 3 July 2018 307 PM To Anthony Martini ltAnthonyMartinimoretonbayqldgovaugt Cc Stewart Pentland ltStewartPentlandmoretonbayqldgovaugt Kerry Doss ltKerryDossdsdmipqldgovaugt Garth Nolan ltGarthNolandsdmipqldgovaugt Subject Update on draft conditions
Hi Tony
As previously advised I met with senior officers from DTMR today to discuss some concerns theyrsquove raised in
respect to conditioning the proposed amendment I believe we have a way forward and DTMR are working on a
couple of options as a matter of priority I am expecting to have something back from DTMR mid next week We will
continue to work closely with them to try and get something out sooner
As previously discussed we will share the draft conditions once we are satisfied with them We would be happy to
work with you to ensure they are workable from councilrsquos perspective Regards Graeme
RTI1819-035-DSDMIP - Page 21 of 55
2
Graeme Bolton Executive Director Planning and Development Services Planning Group Department of State Development Manufacturing Infrastructure and Planning ---------------------------------------------------------------------------------------------------------------------------------------------
P 07 3452 6741 MLevel 13 1 William Street Brisbane QLD 4000 PO Box 15009 City East QLD 4002 wwwdsdmipqldgovau
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in this e-mail and any
attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are not a named recipient any use of this
information including copying distribution and publication is prohibited Confidentiality and legal privilege are not waived or lost as a result of mistaken or
erroneous delivery If you are not a named recipient please delete all copies immediately and contact the sender to advise of the error
It is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liability for loss or damage
arising directly or indirectly from opening this email opening any attachments or any communication errors
The views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 22 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
From Anthony MartiniTo Graeme BoltonCc Stewart Pentland Kerry Doss Megan BayntunSubject RE MBRC Planning Scheme Amendment Meeting 13062018Date Monday 25 June 2018 80656 AMAttachments image002png
Hi Graeme As per texts over the weekend - Stewart and I will see you from 1030am this morning Thanks Tony
From Graeme Bolton [mailtoGraemeBoltondsdmipqldgovau] Sent Friday 22 June 2018 643 PMTo Anthony Martini ltAnthonyMartinimoretonbayqldgovaugtCc Stewart Pentland ltStewartPentlandmoretonbayqldgovaugt Kerry DossltKerryDossdsdmipqldgovaugt Megan Bayntun ltMeganBayntundsdmipqldgovaugtSubject RE MBRC Planning Scheme Amendment Meeting 13062018 Dear Tony Please accept my apologies for not being able to get back to you earlier today As indicated in mymessage I was unexpectedly tied up all afternoon in an emergent and urgent issue I have reviewed the provided table and support in principle the matters identified in column fourIn respect to the matters identified in column five I can understand and again support in theprinciple the need for additional changes However the extent of changes will need to satisfy thesignificantly different test This is something that the department and Minister cannot resolvefrom This may mean that the desired changes may need to be tempered with what can besupported at this point in time and further decisions made by the council in respect to the riskprofile and whether or not to proceed with particular elements In addition to the above we have examined a couple of mechanisms that may be open to theMinister in deciding the proposed amendment In short we are exploring (a) the ability to partrefuse and part approve subject to conditions or (b) to solely condition The key consideration isto ensure whatever recommendation is made to the Minister the eventual decision can withstandclose scrutiny In both options given the volume of changes we would be also recommending tothe Minister a closing condition that requires the council to submit the changed amendment forendorsement by the Chief Executive prior to adoption by the council Finally as discussed at our last meeting through the second state interest review the Departmentof Environment and Science (DES) identified concerns in relation to koala habitat and the WarnerInvestigation Area structure plan I have been chasing (and have not yet received) additionalinformation and mapping from DES in relation to this At this point in time we would be looking toinclude a condition addresses the protection of the remaining koala habitat I am hoping to getgreater clarity and certainty on this (in terms of scale and location) in the coming days
RTI1819-035-DSDMIP - Page 23 of 55
I will give you a call on Monday to discuss Please do not hesitate to contact me in the interimshould you have questions or concerns Regards Graeme
Graeme BoltonExecutive Director Planning and Development ServicesPlanning GroupDepartment of State Development Manufacturing Infrastructure and Planning---------------------------------------------------------------------------------------------------------------------------------------------
P 07 3452 6741 MLevel 13 1 William Street Brisbane QLD 4000PO Box 15009 City East QLD 4002wwwdsdmipqldgovau
From Stewart Pentland [mailtoStewartPentlandmoretonbayqldgovau] Sent Thursday 14 June 2018 1234 PMTo Kerry Doss ltKerryDossdsdmipqldgovaugt Graeme BoltonltGraemeBoltondsdmipqldgovaugt Megan Bayntun ltMeganBayntundsdmipqldgovaugtCc Anthony Martini ltAnthonyMartinimoretonbayqldgovaugtSubject MBRC Planning Scheme Amendment Meeting 13062018 Graeme Kerry and Megan Thank you for your time yesterday Tony and I found the meeting most useful As discussed and agreed in principle
1 Council would document a series of proposed changes to the existing Planning SchemeAmendment that responds to the States direction to remove reference to the CIA andassociated service area non-service area concepts (see attached)
2 Subject to an iterative process between the State and council this information would thenform the basis of a conditional approval of the current major scheme amendment amp
3 The existing amendment would then be finalised by way of a conditional approval consistentwith points 1 and 2 above ASAP
Please find attached a first draft table outlining what are considered to be the necessary changesto the current amendment We would welcome your thoughts on this so that we can continue todevelop its contents with you I note you indicated that for this approach to be utilised you would need to be comfortable thatthe type of changes proposed did not constitute a substantial change As a consequence we haveincluded a column (Substantial change) that includes our appraisal of each proposed change Againwe would welcome your thoughts on this matter also
RTI1819-035-DSDMIP - Page 24 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
It would be good to progress this matter ASAP In doing so it would be appreciated if you couldadvise when you consider you may be able to provide a response to these initial draftrepresentations In the interim should you require anything further please let me know Regards Stewart PentlandDirectorPlanning and Economic DevelopmentMoreton Bay Regional Council2 Hasking Street Caboolture Qld 4510P 07 5433 2023MEmail stewartpentlandmoretonbayqldgovauwwwmoretonbayqldgovau
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in this e-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are not anamed recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legalprivilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete all copiesimmediately and contact the sender to advise of the errorIt is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liability forloss or damage arising directly or indirectly from opening this email opening any attachments or any communication errorsThe views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
This email and any attachments may contain confidential or privileged information and may be protected by copyright Youmust not use or disclose them other than for the purposes for which they were supplied The confidentiality and privilegeattached to this message and attachment is not waived by reason of mistaken delivery to you If you are not the intendedrecipient you must not use disclose retain forward or reproduce this message or any attachments If you receive this messagein error please notify the sender by return email or telephone and destroy and delete all copies The Department does notaccept any responsibility for any loss or damage that may result from reliance on or use of any information contained in thisemail andor attachments
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in this e-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are not anamed recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legalprivilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete all copiesimmediately and contact the sender to advise of the errorIt is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liability forloss or damage arising directly or indirectly from opening this email opening any attachments or any communication errorsThe views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 25 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
From Anthony MartiniTo Graeme BoltonCc Ann Abbott Stewart Pentland Kerry DossSubject RE Moreton Bay Regional Council - Amendment to Planning Scheme ProgressDate Wednesday 11 July 2018 114220 AMAttachments image002png
Thank you for your e-mail Graeme I look forward to your further advices re this matter My reference to timing was based upon advice provided 2 weeks ago at a meeting betweenMBRC and the State that MBRC was to receive a draft condition set the following day Thanks Tony
From Graeme Bolton [mailtoGraemeBoltondsdmipqldgovau] Sent Tuesday 10 July 2018 658 PMTo Anthony Martini ltAnthonyMartinimoretonbayqldgovaugtCc Ann Abbott ltAnnAbbottmoretonbayqldgovaugt Stewart PentlandltStewartPentlandmoretonbayqldgovaugt Kerry Doss ltKerryDossdsdmipqldgovaugtSubject RE Moreton Bay Regional Council - Amendment to Planning Scheme Progress Good afternoon Tony Thank you for your email below I do apologise for not being able to take your call I was in ameeting and then subsequently on a teleconference when you phoned As discussed last week we met with DTMR officers who agreed to provide us with additionalinformation by tomorrow We greatly appreciate the councilrsquos willingness to work with the department to find a wayforward However given the complexity of the amendments it is not as easy as you portray tohave ldquoremoved the CIA and the servicenon service area referencesrdquo All we have at this point intime is a high level table with expressed intent To give effect to this intent involves significantchanges to the proposed amendment and carries a very high risk of unintended consequencesfor the operation of the planning scheme and potential lawfulness of the amendment I amextremely concerned about agreeing to something now only to find out after the Minister hasconditionally approved the amendment that the expressed intent cannot be delivered We are endeavouring to find a solution I will advise further once we have received theadditional information from DTMR Regards Graeme
RTI1819-035-DSDMIP - Page 26 of 55
Graeme BoltonExecutive Director Planning and Development ServicesPlanning GroupDepartment of State Development Manufacturing Infrastructure and Planning---------------------------------------------------------------------------------------------------------------------------------------------
P 07 3452 6741 MLevel 13 1 William Street Brisbane QLD 4000PO Box 15009 City East QLD 4002wwwdsdmipqldgovau
From Anthony Martini [mailtoAnthonyMartinimoretonbayqldgovau] Sent Tuesday 10 July 2018 108 PMTo Graeme Bolton ltGraemeBoltondsdmipqldgovaugtCc Ann Abbott ltAnnAbbottmoretonbayqldgovaugt Stewart PentlandltStewartPentlandmoretonbayqldgovaugt Kerry Doss ltKerryDossdsdmipqldgovaugtSubject Moreton Bay Regional Council - Amendment to Planning Scheme Progress Hi Graeme Appreciate that you are busy however I have endeavoured to make contact with you over thepast few days for the purposes of understanding where we are at with regards to receiving apartial or full draft condition set to the amendment to the planning scheme It is nearly 4 weeks since we first met at which meeting MBRC offered to remove the CIA andservice areas non service areas from the amendment and provided shortly thereafter a tablesummary of these changes for further discussion and guidance for the State and MBRC to workthrough You have advised that these changes are agreed in principle You have also advised that thechanges need to be worked through I am in a position where I need some information from you as to what is occurring and when toprovide to the CEO and Mayor From MBRCrsquos perspective we have undertaken all that has beenasked of MBRC - removed the CIA and the servicenon service area references Is there anythingelse which MBRC needs to consider I await your advice Thanks Tony
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in thise-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are not
RTI1819-035-DSDMIP - Page 27 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
a named recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legalprivilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete allcopies immediately and contact the sender to advise of the errorIt is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liabilityfor loss or damage arising directly or indirectly from opening this email opening any attachments or any communication errorsThe views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
This email and any attachments may contain confidential or privileged information and may be protected by copyright Youmust not use or disclose them other than for the purposes for which they were supplied The confidentiality and privilegeattached to this message and attachment is not waived by reason of mistaken delivery to you If you are not the intendedrecipient you must not use disclose retain forward or reproduce this message or any attachments If you receive thismessage in error please notify the sender by return email or telephone and destroy and delete all copies The Departmentdoes not accept any responsibility for any loss or damage that may result from reliance on or use of any informationcontained in this email andor attachments
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in thise-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are nota named recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legalprivilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete allcopies immediately and contact the sender to advise of the errorIt is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liabilityfor loss or damage arising directly or indirectly from opening this email opening any attachments or any communication errorsThe views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 28 of 55
1
Anne Wood
Subject Discussion regarding DILGPs position and proposed changes to MBRC - Major Amendment 2Location ltlt1 William Street (1WS) - 36 Floor - Meet 3614gtgt
Organizer Cindy WaltonRequired AttendeesCindy Walton Barbara Ryan Christine ONeill kateislesmoretonbayqldgovau
stewartpentlandmoretonbayqldgovau Graeme Bolton Tess PickeringOptional AttendeesBen Caldwell Ian Wright
Booking Confirmation Your room booking has been accepted with the following booking confirmation details below Building 1 William Street (1WS) Floor 36 Room Meet 3614 Room Setup Meeting Room Info Number Attending 12 Date 12 May 2017 From 1100AM To 1230PM Booked By Cindy Walton Host Cindy Walton Booking ID148766 To Join the meeting please dial sip+61730272906qgaaadqldgovau Notes Recurrence Dates Note 1 If you have booked conferencing resources please cut and paste above meeting details to the Outlook meeting invitation and send update 2 For an audio connection users dial the number only 3 For video (Skype) connections users dial the full address
Organizer Anthony MartiniResources Room - Strathpine Room 2A
Good morning The venue for this meeting is Councilrsquos Strathpine office at 220 Gympie Road Strathpine Entrance to the office is via Customer Service in Hall Street where parking is available on street Upon arrival at customer service you will be asked to complete visitor paperwork and then escorted to meeting room 2A Should you have any queries regarding this meeting request please contact me as below Kind regards Ann Abbott Operations Coordinator Engineering Construction amp Maintenance Moreton Bay Regional Council Stage 3 220 Gympie Road Strathpine P 07 3480 6233 E annabbottmoretonbayqldgovau
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in this e-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are not a named recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legal privilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete all copies immediately and contact the sender to advise of the error It is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liability for loss or damage arising directly or indirectly from opening this email opening any attachments or any communication errors The views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 30 of 55
1
Anne Wood
Subject MBRC Location 1 William St Level 12 Room 1214
Shortly you will receive an email invite to enter 1 William st with instructions on what you will need to provide to
Concierge
I will meet your party in the foyer once you have signed in
Kind regards
Anne
Anne Wood AExecutive Assistant Planning and Development Services | Brisbane Department of State Development Manufacturing Infrastructure and Planning Level 13 1 William St Brisbane QLD 4000 p 07 3452 7115 | e annewooddilgpqldgovau
RTI1819-035-DSDMIP - Page 31 of 55
From Graeme BoltonTo Anthony MartiniCc Stewart Pentland Kerry Doss Megan BayntunSubject RE MBRC Planning Scheme Amendment Meeting 13062018Date Friday 22 June 2018 64200 PMAttachments image001png
Dear Tony Please accept my apologies for not being able to get back to you earlier today As indicated in mymessage I was unexpectedly tied up all afternoon in an emergent and urgent issue I have reviewed the provided table and support in principle the matters identified in column fourIn respect to the matters identified in column five I can understand and again support in theprinciple the need for additional changes However the extent of changes will need to satisfy thesignificantly different test This is something that the department and Minister cannot resolvefrom This may mean that the desired changes may need to be tempered with what can besupported at this point in time and further decisions made by the council in respect to the riskprofile and whether or not to proceed with particular elements In addition to the above we have examined a couple of mechanisms that may be open to theMinister in deciding the proposed amendment In short we are exploring (a) the ability to partrefuse and part approve subject to conditions or (b) to solely condition The key consideration isto ensure whatever recommendation is made to the Minister the eventual decision can withstandclose scrutiny In both options given the volume of changes we would be also recommending tothe Minister a closing condition that requires the council to submit the changed amendment forendorsement by the Chief Executive prior to adoption by the council Finally as discussed at our last meeting through the second state interest review the Departmentof Environment and Science (DES) identified concerns in relation to koala habitat and the WarnerInvestigation Area structure plan I have been chasing (and have not yet received) additionalinformation and mapping from DES in relation to this At this point in time we would be looking toinclude a condition addresses the protection of the remaining koala habitat I am hoping to getgreater clarity and certainty on this (in terms of scale and location) in the coming days I will give you a call on Monday to discuss Please do not hesitate to contact me in the interimshould you have questions or concerns Regards Graeme
Graeme BoltonExecutive Director Planning and Development ServicesPlanning GroupDepartment of State Development Manufacturing Infrastructure and Planning---------------------------------------------------------------------------------------------------------------------------------------------
P 07 3452 6741 MLevel 13 1 William Street Brisbane QLD 4000
RTI1819-035-DSDMIP - Page 32 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
Summary of Proposed Planning Scheme Amendment
MBRC policy end Current MBRC Planning Scheme
Advertised Proposed Planning Scheme
Amendment
Amended Proposed Planning Scheme
Amendment
Other necessary changes to achieve MBRC policy end
Substantial change
Warner growth area - o Enable conversion of existing
industryrural residential to transition to residential outcomes
o Conversion consistent with the SEQ Regional Plan identification of Warner for growth
Industry zone and rural residential surrounded by existing residential and main roads Preliminary approval (Variation) would involve - Impact assessment - Major non-compliance with the
assessment benchmarks
- Zone change to Emerging
Community - Overlay map - Structure
planned area - Level of assessment - Service Area - RAL Code
assessment No Service Area - RAL
Impact assessment
Changes - Delete reference to CIA - Delete reference to service area
non service area Result - No change to Overlay map -
Structure planned area - Level of Assessment - RAL
Code assessment
Strengthening of assessment benchmarks required in the Emerging Community Zone Code andor RAL Code - Emerging Community Zone to assist code assessment
No Maintain overlay map as advertised maintain Level of Assessment remove reference to CIA and remove reference to Service Area and Non-Service Area
Caboolture West growth area - (Area 1) - o Enable Area 1 to proceed to
development including residential and local centre
o Consistent with the SEQ Regional Planrsquos identification of Caboolture West as an expansion area
Preliminary approval (Variation) would involve - Impact assessment - Major non-compliance with the
assessment benchmarks without a Neighhourhood Development Plan for Area 1
- Area 1 - Overlay map -
Structure planned area - Level of assessment Service Area - RAL Code
assessment Non Service Area - RAL
Impact assessment
Changes - Delete reference to CIA - Delete reference to service area
non service area Result - No change to Overlay map -
Structure planned area - Level of assessment - RAL Code
assessment for SPA1
Strengthening of assessment benchmarks required in the Local Plan Zone Code andor RAL Code - Emerging Community Zone to assist code assessment
No Maintain overlay map as advertised maintain Level of Assessment remove reference to CIA remove reference to Service Area and Non-Service Area
Caboolture West growth area - (Balance of Caboolture West) - o Enable subsequent stages to
be structure planned and released through future scheme amendments
Preliminary approval (Variation) would involve - Impact assessment - Major non-compliance with the
assessment benchmarks without a Neighhourhood Development Plan for the relevant area
- Overlay map - Future Structure
plan area - Level of assessment - Impact assessment
Changes - Delete reference to CIA - Delete reference to service area
non service area Result - No change to Overlay map -
Future Structure plan area - Level of assessment - Impact
assessment
Revisit strategic framework to delete CIA and ensure strategic outcomes accurately reflect the future timing of these fronts
No Maintain overlay map as advertised remove reference to CIA Minor change to the strategic framework
Other growth areas to be structure planned and held subject to planning infrastructure requirements and financial obligations being determined o Morayfield o Burpengary east o Narangba east o Joyner
RAL application would involve - Code assessment - Major non-compliance with the
assessment benchmarks in the absence of integrated land use and infrastructure planning
MCU application would involve impact assessment
- Overlay Map - Future structure
planned area - Level of assessment - RAL
Impact assessment - Major non-compliance with the
assessment benchmarks in the absence of integrated land use and infrastructure planning including the strategic outcomes
Changes - Delete references to CIA in the
strategic framework - Delete references to service
area non service area Result - No change to Overlay map -
Future structure planned area
Revisit strategic framework to delete CIA and ensure strategic outcomes accurately reflect the future timing of these fronts
No Maintain overlay map as advertised maintain Level of Assessment and remove reference to CIA
MBRC policy end Current MBRC Planning
Scheme Advertised Proposed
Planning Scheme Amendment
Amended Proposed Planning Scheme
Amendment
Other necessary changes to achieve MBRC policy end
Substantial change
- No change to Level of assessment - RAL Impact assessment
Balance of Proposed Planning Scheme Amendment
Not applicable
Changes proposed (carports setbacks sheds etc)
No further changes to the proposed Planning Scheme Amendment as provided post consultation
Not applicable
Not applicable
PO Box 15009 City East QLD 4002wwwdsdmipqldgovau
From Stewart Pentland [mailtoStewartPentlandmoretonbayqldgovau] Sent Thursday 14 June 2018 1234 PMTo Kerry Doss ltKerryDossdsdmipqldgovaugt Graeme BoltonltGraemeBoltondsdmipqldgovaugt Megan Bayntun ltMeganBayntundsdmipqldgovaugtCc Anthony Martini ltAnthonyMartinimoretonbayqldgovaugtSubject MBRC Planning Scheme Amendment Meeting 13062018 Graeme Kerry and Megan Thank you for your time yesterday Tony and I found the meeting most useful As discussed and agreed in principle
1 Council would document a series of proposed changes to the existing Planning SchemeAmendment that responds to the States direction to remove reference to the CIA andassociated service area non-service area concepts (see attached)
2 Subject to an iterative process between the State and council this information would thenform the basis of a conditional approval of the current major scheme amendment amp
3 The existing amendment would then be finalised by way of a conditional approval consistentwith points 1 and 2 above ASAP
Please find attached a first draft table outlining what are considered to be the necessary changesto the current amendment We would welcome your thoughts on this so that we can continue todevelop its contents with you I note you indicated that for this approach to be utilised you would need to be comfortable thatthe type of changes proposed did not constitute a substantial change As a consequence we haveincluded a column (Substantial change) that includes our appraisal of each proposed change Againwe would welcome your thoughts on this matter also It would be good to progress this matter ASAP In doing so it would be appreciated if you couldadvise when you consider you may be able to provide a response to these initial draftrepresentations In the interim should you require anything further please let me know Regards Stewart PentlandDirectorPlanning and Economic DevelopmentMoreton Bay Regional Council2 Hasking Street Caboolture Qld 4510P 07 5433 2023M Email stewartpentlandmoretonbayqldgovauwwwmoretonbayqldgovau
RTI1819-035-DSDMIP - Page 33 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in this e-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are not anamed recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legalprivilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete all copiesimmediately and contact the sender to advise of the errorIt is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liability forloss or damage arising directly or indirectly from opening this email opening any attachments or any communication errorsThe views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 34 of 55
Summary of Proposed Planning Scheme Amendment
MBRC policy end Current MBRC Planning Scheme
Advertised Proposed Planning Scheme
Amendment
Amended Proposed Planning Scheme
Amendment
Other necessary changes to achieve MBRC policy end
Substantial change
Warner growth area - o Enable conversion of existing
industryrural residential to transition to residential outcomes
o Conversion consistent with the SEQ Regional Plan identification of Warner for growth
Industry zone and rural residential surrounded by existing residential and main roads Preliminary approval (Variation) would involve - Impact assessment - Major non-compliance with the
assessment benchmarks
- Zone change to Emerging
Community - Overlay map - Structure
planned area - Level of assessment - Service Area - RAL Code
assessment No Service Area - RAL
Impact assessment
Changes - Delete reference to CIA - Delete reference to service area
non service area Result - No change to Overlay map -
Structure planned area - Level of Assessment - RAL
Code assessment
Strengthening of assessment benchmarks required in the Emerging Community Zone Code andor RAL Code - Emerging Community Zone to assist code assessment
No Maintain overlay map as advertised maintain Level of Assessment remove reference to CIA and remove reference to Service Area and Non-Service Area
Caboolture West growth area - (Area 1) - o Enable Area 1 to proceed to
development including residential and local centre
o Consistent with the SEQ Regional Planrsquos identification of Caboolture West as an expansion area
Preliminary approval (Variation) would involve - Impact assessment - Major non-compliance with the
assessment benchmarks without a Neighhourhood Development Plan for Area 1
- Area 1 - Overlay map -
Structure planned area - Level of assessment Service Area - RAL Code
assessment Non Service Area - RAL
Impact assessment
Changes - Delete reference to CIA - Delete reference to service area
non service area Result - No change to Overlay map -
Structure planned area - Level of assessment - RAL Code
assessment for SPA1
Strengthening of assessment benchmarks required in the Local Plan Zone Code andor RAL Code - Emerging Community Zone to assist code assessment
No Maintain overlay map as advertised maintain Level of Assessment remove reference to CIA remove reference to Service Area and Non-Service Area
Caboolture West growth area - (Balance of Caboolture West) - o Enable subsequent stages to
be structure planned and released through future scheme amendments
Preliminary approval (Variation) would involve - Impact assessment - Major non-compliance with the
assessment benchmarks without a Neighhourhood Development Plan for the relevant area
- Overlay map - Future Structure
plan area - Level of assessment - Impact assessment
Changes - Delete reference to CIA - Delete reference to service area
non service area Result - No change to Overlay map -
Future Structure plan area - Level of assessment - Impact
assessment
Revisit strategic framework to delete CIA and ensure strategic outcomes accurately reflect the future timing of these fronts
No Maintain overlay map as advertised remove reference to CIA Minor change to the strategic framework
Other growth areas to be structure planned and held subject to planning infrastructure requirements and financial obligations being determined o Morayfield o Burpengary east o Narangba east o Joyner
RAL application would involve - Code assessment - Major non-compliance with the
assessment benchmarks in the absence of integrated land use and infrastructure planning
MCU application would involve impact assessment
- Overlay Map - Future structure
planned area - Level of assessment - RAL
Impact assessment - Major non-compliance with the
assessment benchmarks in the absence of integrated land use and infrastructure planning including the strategic outcomes
Changes - Delete references to CIA in the
strategic framework - Delete references to service
area non service area Result - No change to Overlay map -
Future structure planned area
Revisit strategic framework to delete CIA and ensure strategic outcomes accurately reflect the future timing of these fronts
No Maintain overlay map as advertised maintain Level of Assessment and remove reference to CIA
RTI1819-035-DSDMIP - Page 35 of 55
MBRC policy end Current MBRC Planning
Scheme Advertised Proposed
Planning Scheme Amendment
Amended Proposed Planning Scheme
Amendment
Other necessary changes to achieve MBRC policy end
Substantial change
- No change to Level of assessment - RAL Impact assessment
Balance of Proposed Planning Scheme Amendment
Not applicable
Changes proposed (carports setbacks sheds etc)
No further changes to the proposed Planning Scheme Amendment as provided post consultation
Not applicable
Not applicable
RTI1819-035-DSDMIP - Page 36 of 55
From Graeme BoltonTo Stewart Pentland Kerry Doss Megan BayntunCc Anthony MartiniSubject RE MBRC Planning Scheme Amendment Meeting 13062018Date Monday 18 June 2018 82200 AMAttachments image001png
image002jpg
Hi Stewart Thank you for providing the attached table and below information As per Kerryrsquos email we willreview and respond as soon as possible Regards Graeme
Graeme BoltonExecutive Director Planning and Development ServicesPlanning GroupDepartment of State Development Manufacturing Infrastructure and Planning---------------------------------------------------------------------------------------------------------------------------------------------
P 07 3452 6741 MLevel 13 1 William Street Brisbane QLD 4000PO Box 15009 City East QLD 4002wwwdsdmipqldgovau
From Stewart Pentland [mailtoStewartPentlandmoretonbayqldgovau] Sent Thursday 14 June 2018 1234 PMTo Kerry Doss ltKerryDossdsdmipqldgovaugt Graeme BoltonltGraemeBoltondsdmipqldgovaugt Megan Bayntun ltMeganBayntundsdmipqldgovaugtCc Anthony Martini ltAnthonyMartinimoretonbayqldgovaugtSubject MBRC Planning Scheme Amendment Meeting 13062018 Graeme Kerry and Megan Thank you for your time yesterday Tony and I found the meeting most useful As discussed and agreed in principle
1 Council would document a series of proposed changes to the existing Planning SchemeAmendment that responds to the States direction to remove reference to the CIA andassociated service area non-service area concepts (see attached)
2 Subject to an iterative process between the State and council this information would thenform the basis of a conditional approval of the current major scheme amendment amp
3 The existing amendment would then be finalised by way of a conditional approval consistentwith points 1 and 2 above ASAP
RTI1819-035-DSDMIP - Page 37 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
Please find attached a first draft table outlining what are considered to be the necessary changesto the current amendment We would welcome your thoughts on this so that we can continue todevelop its contents with you I note you indicated that for this approach to be utilised you would need to be comfortable thatthe type of changes proposed did not constitute a substantial change As a consequence we haveincluded a column (Substantial change) that includes our appraisal of each proposed change Againwe would welcome your thoughts on this matter also It would be good to progress this matter ASAP In doing so it would be appreciated if you couldadvise when you consider you may be able to provide a response to these initial draftrepresentations In the interim should you require anything further please let me know Regards Stewart PentlandDirectorPlanning and Economic DevelopmentMoreton Bay Regional Council2 Hasking Street Caboolture Qld 4510P 07 5433 2023M Email stewartpentlandmoretonbayqldgovauwwwmoretonbayqldgovau CCR3_email_signhr
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in this e-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are not anamed recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legalprivilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete all copiesimmediately and contact the sender to advise of the errorIt is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liability forloss or damage arising directly or indirectly from opening this email opening any attachments or any communication errorsThe views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 38 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
From Graeme BoltonTo Anthony MartiniCc Ann Abbott Stewart Pentland Kerry DossSubject RE Moreton Bay Regional Council - Amendment to Planning Scheme ProgressDate Tuesday 10 July 2018 65800 PMAttachments image001png
Good afternoon Tony Thank you for your email below I do apologise for not being able to take your call I was in ameeting and then subsequently on a teleconference when you phoned As discussed last week we met with DTMR officers who agreed to provide us with additionalinformation by tomorrow We greatly appreciate the councilrsquos willingness to work with the department to find a wayforward However given the complexity of the amendments it is not as easy as you portray tohave ldquoremoved the CIA and the servicenon service area referencesrdquo All we have at this point intime is a high level table with expressed intent To give effect to this intent involves significantchanges to the proposed amendment and carries a very high risk of unintended consequencesfor the operation of the planning scheme and potential lawfulness of the amendment I amextremely concerned about agreeing to something now only to find out after the Minister hasconditionally approved the amendment that the expressed intent cannot be delivered We are endeavouring to find a solution I will advise further once we have received theadditional information from DTMR Regards Graeme
Graeme BoltonExecutive Director Planning and Development ServicesPlanning GroupDepartment of State Development Manufacturing Infrastructure and Planning--------------------------------------------------------------- ---------------------------
P 07 3452 6741 MLevel 13 1 William Street Brisbane QLD 4000PO Box 15009 City East QLD 4002wwwdsdmipqldgovau
From Anthony Martini [mailtoAnthonyMartinimoretonbayqldgovau] Sent Tuesday 10 July 2018 108 PMTo Graeme Bolton ltGraemeBoltondsdmipqldgovaugtCc Ann Abbott ltAnnAbbottmoretonbayqldgovaugt Stewart PentlandltStewartPentlandmoretonbayqldgovaugt Kerry Doss ltKerryDossdsdmipqldgovaugtSubject Moreton Bay Regional Council - Amendment to Planning Scheme Progress
RTI1819-035-DSDMIP - Page 39 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
Hi Graeme Appreciate that you are busy however I have endeavoured to make contact with you over thepast few days for the purposes of understanding where we are at with regards to receiving apartial or full draft condition set to the amendment to the planning scheme It is nearly 4 weeks since we first met at which meeting MBRC offered to remove the CIA andservice areas non service areas from the amendment and provided shortly thereafter a tablesummary of these changes for further discussion and guidance for the State and MBRC to workthrough You have advised that these changes are agreed in principle You have also advised that thechanges need to be worked through I am in a position where I need some information from you as to what is occurring and when toprovide to the CEO and Mayor From MBRCrsquos perspective we have undertaken all that has beenasked of MBRC - removed the CIA and the servicenon service area references Is there anythingelse which MBRC needs to consider I await your advice Thanks Tony
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in thise-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are nota named recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legalprivilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete allcopies immediately and contact the sender to advise of the errorIt is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liabilityfor loss or damage arising directly or indirectly from opening this email opening any attachments or any communication errorsThe views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 40 of 55
From Graeme BoltonTo Anthony MartiniCc Stewart Pentland Kerry Doss Garth NolanSubject RE Update on draft conditionsDate Thursday 5 July 2018 30400 PMAttachments image001png
image002png
Hi Tony I appreciate your concerns and we are progressing this as fast as possible As you can alsohopefully appreciate the amendment in its own right is a very large and complex document Thechanges being proposed are not unsubstantial and have multiple unintended consequencesmany of which have the potential to adversely affect matters of state interest As such we aretrying to resolve these to an acceptable level (for the state) before sharing these with you I will forward these to you as soon as possible Regards Graeme
Graeme BoltonExecutive Director Planning and Development ServicesPlanning GroupDepartment of State Development Manufacturing Infrastructure and Planning---------------------------------------------------------------------------------------------------------------------------------------------
P 07 3452 6741 MLevel 13 1 William Street Brisbane QLD 4000PO Box 15009 City East QLD 4002wwwdsdmipqldgovau
From Anthony Martini [mailtoAnthonyMartinimoretonbayqldgovau] Sent Tuesday 3 July 2018 543 PMTo Graeme Bolton ltGraemeBoltondsdmipqldgovaugtCc Stewart Pentland ltStewartPentlandmoretonbayqldgovaugt Kerry DossltKerryDossdsdmipqldgovaugt Garth Nolan ltGarthNolandsdmipqldgovaugtSubject RE Update on draft conditions Hi Graeme Thank you for the update It would be good to catch up sooner rather than later as it is fast approaching 3 weeks since ourinitial meeting I can advise that the Mayor sought advice from me as to where the amendmentwas at - as I had advised him 10 days ago that a draft set was to be available with a day or so As discussed our preference is to collaboratively work on the content of the draft conditions Itwould be appreciated if you could send through the balance of the approval and conditions now
RTI1819-035-DSDMIP - Page 41 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
this will enable us to get the process moving Thanks Tony
From Graeme Bolton [mailtoGraemeBoltondsdmipqldgovau] Sent Tuesday 3 July 2018 307 PMTo Anthony Martini ltAnthonyMartinimoretonbayqldgovaugtCc Stewart Pentland ltStewartPentlandmoretonbayqldgovaugt Kerry DossltKerryDossdsdmipqldgovaugt Garth Nolan ltGarthNolandsdmipqldgovaugtSubject Update on draft conditions Hi Tony As previously advised I met with senior officers from DTMR today to discuss some concernstheyrsquove raised in respect to conditioning the proposed amendment I believe we have a wayforward and DTMR are working on a couple of options as a matter of priority I am expecting tohave something back from DTMR mid next week We will continue to work closely with them totry and get something out sooner As previously discussed we will share the draft conditions once we are satisfied with them Wewould be happy to work with you to ensure they are workable from councilrsquos perspective Regards Graeme
Graeme BoltonExecutive Director Planning and Development ServicesPlanning GroupDepartment of State Development Manufacturing Infrastructure and Planning---------------------------------------------------------------- -------------------------------
P 07 3452 6741 MLevel 13 1 William Street Brisbane QLD 4000PO Box 15009 City East QLD 4002wwwdsdmipqldgovau
This email and any attachments may contain confidential or privileged information and may be protected by copyright Youmust not use or disclose them other than for the purposes for which they were supplied The confidentiality and privilegeattached to this message and attachment is not waived by reason of mistaken delivery to you If you are not the intendedrecipient you must not use disclose retain forward or reproduce this message or any attachments If you receive thismessage in error please notify the sender by return email or telephone and destroy and delete all copies The Departmentdoes not accept any responsibility for any loss or damage that may result from reliance on or use of any informationcontained in this email andor attachments
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in this
e-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are not
RTI1819-035-DSDMIP - Page 42 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
a named recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legal
privilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete all
copies immediately and contact the sender to advise of the error
It is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liability
for loss or damage arising directly or indirectly from opening this email opening any attachments or any communication errors
The views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 43 of 55
RTI1819-035-DSDMIP - Page 44 of 55
RTI1819-035-DSDMIP - Page 45 of 55
RTI1819-035-DSDMIP - Page 46 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
RTI1819-035-DSDMIP - Page 47 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
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Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
RTI1819-035-DSDMIP - Page 53 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
RTI1819-035-DSDMIP - Page 54 of 55
RTI1819-035-DSDMIP - Page 55 of 55
MBRC policy end Current MBRC Planning
Scheme Advertised Proposed
Planning Scheme Amendment
Amended Proposed Planning Scheme
Amendment
Other necessary changes to achieve MBRC policy end
Substantial change
- No change to Level of assessment - RAL Impact assessment
Balance of Proposed Planning Scheme Amendment
Not applicable
Changes proposed (carports setbacks sheds etc)
No further changes to the proposed Planning Scheme Amendment as provided post consultation
Not applicable
Not applicable
RTI1819-035-DSDMIP - Page 10 of 55
1
Anne Wood
From Anthony Martini ltAnthonyMartinimoretonbayqldgovaugtSent Tuesday 10 July 2018 108 PMTo Graeme BoltonCc Ann Abbott Stewart Pentland Kerry DossSubject Moreton Bay Regional Council - Amendment to Planning Scheme Progress
Hi Graeme Appreciate that you are busy however I have endeavoured to make contact with you over the past few days for the purposes of understanding where we are at with regards to receiving a partial or full draft condition set to the amendment to the planning scheme It is nearly 4 weeks since we first met at which meeting MBRC offered to remove the CIA and service areas non service areas from the amendment and provided shortly thereafter a table summary of these changes for further discussion and guidance for the State and MBRC to work through You have advised that these changes are agreed in principle You have also advised that the changes need to be worked through I am in a position where I need some information from you as to what is occurring and when to provide to the CEO and Mayor From MBRCrsquos perspective we have undertaken all that has been asked of MBRC ‐ removed the CIA and the servicenon service area references Is there anything else which MBRC needs to consider I await your advice Thanks Tony
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in this e-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are not a named recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legal privilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete all copies immediately and contact the sender to advise of the error It is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liability for loss or damage arising directly or indirectly from opening this email opening any attachments or any communication errors The views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 11 of 55
1
Anne Wood
From Anthony Martini ltAnthonyMartinimoretonbayqldgovaugtSent Tuesday 17 July 2018 234 PMTo Graeme BoltonCc Ann Abbott Kerry Doss Stewart PentlandSubject Planning Scheme Amendment
Hi Graeme I have sought not to bother you this past week with requests for updates Stewart and I are briefing the Council next Tuesday as to the current status of MBRCrsquos planning scheme amendment Can you please advise where the State is at by this Friday such that the information we provide the Council is current Have you received information you sought from DTMR last Wednesday I await your advice Thanks Tony
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in this e-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are not a named recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legal privilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete all copies immediately and contact the sender to advise of the error It is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liability for loss or damage arising directly or indirectly from opening this email opening any attachments or any communication errors The views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 12 of 55
1
Anne Wood
From Kerry DossSent Friday 27 July 2018 551 PMTo Anthony MartiniCc Graeme BoltonSubject RE Contact detailsAttachments DDG letter to Anthony Martinipdf
Hi Anthony Letter as requested Please feel free to call should you require any clarification regards
Kerry Doss Deputy Director‐General Planning Group Department of State Development Manufacturing Infrastructure and Planning ---------------------------------------------------------------------------------------------------------------------------------------------
P 07 3452 7909 ME kerrydossdsdmipqldgovau Level 13 1 William Street Brisbane QLD 4000 PO Box 15009 City East QLD 4002 wwwdsdmipqldgovau
From Anthony Martini ltAnthonyMartinimoretonbayqldgovaugt Sent Friday 27 July 2018 516 PM To Kerry Doss ltKerryDossdsdmipqldgovaugt Graeme Bolton ltGraemeBoltondsdmipqldgovaugt Subject Contact details Hi folks Look forward to receiving your letter As advised we briefed the Council yesterday following our meeting The Council is expecting a further briefing next Tuesday Thanks Tony ME Anthonymartinimoretonbayqldgovau
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in this e-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are not a named recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legal privilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete all copies immediately and contact the sender to advise of the error It is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liability for loss or damage arising directly or indirectly from opening this email opening any attachments or any communication errors The views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 13 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
Our ref OUT185247
27 July 2018 Mr Anthony Martini Deputy CEO Director Engineering Construction and Maintenance Moreton Bay Regional Council PO Box 159 CABOOLTURE QLD 4510 Dear Anthony I refer to the 26 July 2018 meeting between yourself Mr Stewart Pentland Mr Graeme Bolton and myself to discuss the proposed Major Amendment 2 (the proposed amendment) to the Moreton Bay Regional Council (the council) planning scheme As you are aware the department has assessed the proposed amendment and cannot support a recommendation to approve the proposed amendment due to the proposed Coordinating Infrastructure Agreement associated provisions (the CIA) and outstanding matters of state interest It was agreed that the Department of State Development Manufacturing Infrastructure and Planning (the department) would consider if it could support approving the proposed amendment subject to conditions to enable the minor elements not associated with structure planning and the CIA to proceed It was understood that these minor elements related to provisions such as development code requirements (eg setback provisions for carports) various overlay maps (eg the walking distance map) and codes and various minor provisions (eg animal husbandry) In particular it was understood that this did not include elements relating to the CIA including structure planned areas which are contingent on the CIA provisions Notwithstanding this understanding the department agreed that it would consider a broader range of changes as proposed in Mr Pentlandrsquos email of 14 June 2018 As discussed at our 26 July 2018 meeting the department has undertaken investigations and has concluded it cannot support a recommendation to approve the proposed amendment subject to conditions This is based on matters of state interest relating to transport infrastructure biodiversity values and the consideration of the significantly different test
RTI1819-035-DSDMIP - Page 14 of 55
Page 2 of 2
As discussed there a number of options available to the council 1 The council formally resolves and withdraws the proposed amendment and
commences a new amendment process As discussed the department would be highly supportive of utilising section 18 of the Planning Act 2016 to create a tailored amendment process (that does not require further public consultation) for the minor elements and a second tailored process (potentially requiring further public consultation) for the structure planning elements of the proposed amendment
OR 2 The council formally places the amendment process on hold and resubmits a
revised version of the proposed amendment Please note that should the council choose this option it will need to satisfy itself that the changes made do not result in a significantly different version of the proposed amendment than the version that underwent public consultation Please be advised that the Planning Minister in addition to the council will also need to be satisfied that the changes made do not result in a significantly different version of the proposed amendment then that which underwent public consultation The department is of the view (noting that it has not seen any possible changes) that it is highly likely that any changes made in respect to removing the CIA from the proposed amendment will be likely to result in a significantly different version
OR 3 The Planning Minister considers and decides the proposed amendment in its
current form
As discussed in respect to options 1 and 2 above the department is strongly supportive of coordinating the input of the Department of Transport and Main Roads and the Department of Environment and Science to resolve the outstanding matters of state interest It would be greatly appreciated if the council could formally advise the department of its preferred option by close of business on Friday 10 August 2018 If no advice has been received by this date the department will progress the proposed amendment for the Planning Ministerrsquos considers and decision in its current form If you require any further information please contact Mr Graeme Bolton Executive Director Planning Group Department of State Development Manufacturing Infrastructure and Planning on (07) 3452 6741 or Graemeboltondsdmipqldgovau who will be pleased to assist Yours sincerely
Kerry Doss Deputy Director-General
RTI1819-035-DSDMIP - Page 15 of 55
1
Anne Wood
From Kerry DossSent Saturday 16 June 2018 1034 AMTo Stewart Pentland Graeme Bolton Megan BayntunCc Anthony MartiniSubject Re MBRC Planning Scheme Amendment Meeting 13062018
Thanks Stuart We will consider and come back to you Regards Kerry Doss Kerry Doss Deputy Director‐General Planning Group Department of State Development Manufacturing Infrastructure amp Planning P 07 3452 7909 ME kerry dossdsdmip qldgovau
From Stewart Pentland ltStewartPentlandmoretonbayqldgovaugt Sent Thursday June 14 2018 123348 PM To Kerry Doss Graeme Bolton Megan Bayntun Cc Anthony Martini Subject MBRC Planning Scheme Amendment Meeting 13062018 Graeme Kerry and Megan Thank you for your time yesterday Tony and I found the meeting most useful As discussed and agreed in principle
1 Council would document a series of proposed changes to the existing Planning Scheme Amendment that responds to the States direction to remove reference to the CIA and associated service area non‐service area concepts (see attached)
2 Subject to an iterative process between the State and council this information would then form the basis of a conditional approval of the current major scheme amendment amp
3 The existing amendment would then be finalised by way of a conditional approval consistent with points 1 and 2 above ASAP
Please find attached a first draft table outlining what are considered to be the necessary changes to the current amendment We would welcome your thoughts on this so that we can continue to develop its contents with you I note you indicated that for this approach to be utilised you would need to be comfortable that the type of changes proposed did not constitute a substantial change As a consequence we have included a column (Substantial change) that includes our appraisal of each proposed change Again we would welcome your thoughts on this matter also It would be good to progress this matter ASAP In doing so it would be appreciated if you could advise when you consider you may be able to provide a response to these initial draft representations In the interim should you require anything further please let me know
RTI1819-035-DSDMIP - Page 16 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
2
Regards Stewart Pentland Director Planning and Economic Development Moreton Bay Regional Council 2 Hasking Street Caboolture Qld 4510 P 07 5433 2023 MEmail stewartpentlandmoretonbayqldgovau wwwmoretonbayqldgovau
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in this e-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are not a named recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legal privilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete all copies immediately and contact the sender to advise of the error It is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liability for loss or damage arising directly or indirectly from opening this email opening any attachments or any communication errors The views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 17 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
1
Anne Wood
From Stewart Pentland ltStewartPentlandmoretonbayqldgovaugtSent Tuesday 10 July 2018 839 PMTo Graeme BoltonCc Anthony Martini Ann Abbott Kerry DossSubject Re Moreton Bay Regional Council - Amendment to Planning Scheme Progress
Graeme I am concerned your response is straying from what council understood to be our agreement It is important from Councils perspective that the conditions are developed collaboratively Once agreement has been achieved on the conditions content they would then be finalised This was our agreement as we understood it Beyond this it is Councils responsibility to then amend its own scheme and then collaborate with the state on the proposed changes that respond to your conditions As previously discussed and agreed this would occur through a tracked change version of the scheme that we would iterate with you until agreement had been achieved Our appraisal is that those sections of the scheme included in the lsquohigh level tablersquo will be those sections of the scheme that require amendment If the above is no longer the agreement please confirm ASAP Regards Stewart
Sent from SWP iPhone On 10 Jul 2018 at 658 pm Graeme Bolton ltGraemeBoltondsdmipqldgovaugt wrote
Good afternoon Tony Thank you for your email below I do apologise for not being able to take your call I was in a meeting and then subsequently on a teleconference when you phoned As discussed last week we met with DTMR officers who agreed to provide us with additional information by tomorrow We greatly appreciate the councilrsquos willingness to work with the department to find a way forward However given the complexity of the amendments it is not as easy as you portray to have ldquoremoved the CIA and the servicenon service area referencesrdquo All we have at this point in time is a high level table with expressed intent To give effect to this intent involves significant changes to the proposed amendment and carries a very high risk of unintended consequences for the operation of the planning scheme and potential lawfulness of the amendment I am extremely concerned about agreeing to something now only to find out after the Minister has conditionally approved the amendment that the expressed intent cannot be delivered We are endeavouring to find a solution I will advise further once we have received the additional information from DTMR Regards Graeme
RTI1819-035-DSDMIP - Page 18 of 55
2
ltimage001pnggt Graeme Bolton Executive Director Planning and Development Services Planning Group Department of State Development Manufacturing Infrastructure and Planning --------------------------------------------------------------------------------------------------------------------------------------------- P 07 3452 6741 MLevel 13 1 William Street Brisbane QLD 4000 PO Box 15009 City East QLD 4002 wwwdsdmipqldgovau
From Anthony Martini [mailtoAnthonyMartinimoretonbayqldgovau] Sent Tuesday 10 July 2018 108 PM To Graeme Bolton ltGraemeBoltondsdmipqldgovaugt Cc Ann Abbott ltAnnAbbottmoretonbayqldgovaugt Stewart Pentland ltStewartPentlandmoretonbayqldgovaugt Kerry Doss ltKerryDossdsdmipqldgovaugt Subject Moreton Bay Regional Council ‐ Amendment to Planning Scheme Progress Hi Graeme Appreciate that you are busy however I have endeavoured to make contact with you over the past few days for the purposes of understanding where we are at with regards to receiving a partial or full draft condition set to the amendment to the planning scheme It is nearly 4 weeks since we first met at which meeting MBRC offered to remove the CIA and service areas non service areas from the amendment and provided shortly thereafter a table summary of these changes for further discussion and guidance for the State and MBRC to work through You have advised that these changes are agreed in principle You have also advised that the changes need to be worked through I am in a position where I need some information from you as to what is occurring and when to provide to the CEO and Mayor From MBRCrsquos perspective we have undertaken all that has been asked of MBRC ‐ removed the CIA and the servicenon service area references Is there anything else which MBRC needs to consider I await your advice Thanks Tony
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in this e-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are not a named recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legal privilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete all copies immediately and contact the sender to advise of the error It is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liability for loss or damage arising directly or indirectly from opening this email opening any attachments or any communication errors The views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 19 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in this e-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are not a named recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legal privilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete all copies immediately and contact the sender to advise of the error It is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liability for loss or damage arising directly or indirectly from opening this email opening any attachments or any communication errors The views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 20 of 55
1
Anne Wood
From Anthony Martini ltAnthonyMartinimoretonbayqldgovaugtSent Tuesday 3 July 2018 543 PMTo Graeme BoltonCc Stewart Pentland Kerry Doss Garth NolanSubject RE Update on draft conditions
Hi Graeme
Thank you for the update
It would be good to catch up sooner rather than later as it is fast approaching 3 weeks since our initial meeting I
can advise that the Mayor sought advice from me as to where the amendment was at ‐ as I had advised him 10 days
ago that a draft set was to be available with a day or so
As discussed our preference is to collaboratively work on the content of the draft conditions It would be
appreciated if you could send through the balance of the approval and conditions now this will enable us to get the
process moving
Thanks
Tony
From Graeme Bolton [mailtoGraemeBoltondsdmipqldgovau] Sent Tuesday 3 July 2018 307 PM To Anthony Martini ltAnthonyMartinimoretonbayqldgovaugt Cc Stewart Pentland ltStewartPentlandmoretonbayqldgovaugt Kerry Doss ltKerryDossdsdmipqldgovaugt Garth Nolan ltGarthNolandsdmipqldgovaugt Subject Update on draft conditions
Hi Tony
As previously advised I met with senior officers from DTMR today to discuss some concerns theyrsquove raised in
respect to conditioning the proposed amendment I believe we have a way forward and DTMR are working on a
couple of options as a matter of priority I am expecting to have something back from DTMR mid next week We will
continue to work closely with them to try and get something out sooner
As previously discussed we will share the draft conditions once we are satisfied with them We would be happy to
work with you to ensure they are workable from councilrsquos perspective Regards Graeme
RTI1819-035-DSDMIP - Page 21 of 55
2
Graeme Bolton Executive Director Planning and Development Services Planning Group Department of State Development Manufacturing Infrastructure and Planning ---------------------------------------------------------------------------------------------------------------------------------------------
P 07 3452 6741 MLevel 13 1 William Street Brisbane QLD 4000 PO Box 15009 City East QLD 4002 wwwdsdmipqldgovau
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in this e-mail and any
attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are not a named recipient any use of this
information including copying distribution and publication is prohibited Confidentiality and legal privilege are not waived or lost as a result of mistaken or
erroneous delivery If you are not a named recipient please delete all copies immediately and contact the sender to advise of the error
It is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liability for loss or damage
arising directly or indirectly from opening this email opening any attachments or any communication errors
The views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 22 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
From Anthony MartiniTo Graeme BoltonCc Stewart Pentland Kerry Doss Megan BayntunSubject RE MBRC Planning Scheme Amendment Meeting 13062018Date Monday 25 June 2018 80656 AMAttachments image002png
Hi Graeme As per texts over the weekend - Stewart and I will see you from 1030am this morning Thanks Tony
From Graeme Bolton [mailtoGraemeBoltondsdmipqldgovau] Sent Friday 22 June 2018 643 PMTo Anthony Martini ltAnthonyMartinimoretonbayqldgovaugtCc Stewart Pentland ltStewartPentlandmoretonbayqldgovaugt Kerry DossltKerryDossdsdmipqldgovaugt Megan Bayntun ltMeganBayntundsdmipqldgovaugtSubject RE MBRC Planning Scheme Amendment Meeting 13062018 Dear Tony Please accept my apologies for not being able to get back to you earlier today As indicated in mymessage I was unexpectedly tied up all afternoon in an emergent and urgent issue I have reviewed the provided table and support in principle the matters identified in column fourIn respect to the matters identified in column five I can understand and again support in theprinciple the need for additional changes However the extent of changes will need to satisfy thesignificantly different test This is something that the department and Minister cannot resolvefrom This may mean that the desired changes may need to be tempered with what can besupported at this point in time and further decisions made by the council in respect to the riskprofile and whether or not to proceed with particular elements In addition to the above we have examined a couple of mechanisms that may be open to theMinister in deciding the proposed amendment In short we are exploring (a) the ability to partrefuse and part approve subject to conditions or (b) to solely condition The key consideration isto ensure whatever recommendation is made to the Minister the eventual decision can withstandclose scrutiny In both options given the volume of changes we would be also recommending tothe Minister a closing condition that requires the council to submit the changed amendment forendorsement by the Chief Executive prior to adoption by the council Finally as discussed at our last meeting through the second state interest review the Departmentof Environment and Science (DES) identified concerns in relation to koala habitat and the WarnerInvestigation Area structure plan I have been chasing (and have not yet received) additionalinformation and mapping from DES in relation to this At this point in time we would be looking toinclude a condition addresses the protection of the remaining koala habitat I am hoping to getgreater clarity and certainty on this (in terms of scale and location) in the coming days
RTI1819-035-DSDMIP - Page 23 of 55
I will give you a call on Monday to discuss Please do not hesitate to contact me in the interimshould you have questions or concerns Regards Graeme
Graeme BoltonExecutive Director Planning and Development ServicesPlanning GroupDepartment of State Development Manufacturing Infrastructure and Planning---------------------------------------------------------------------------------------------------------------------------------------------
P 07 3452 6741 MLevel 13 1 William Street Brisbane QLD 4000PO Box 15009 City East QLD 4002wwwdsdmipqldgovau
From Stewart Pentland [mailtoStewartPentlandmoretonbayqldgovau] Sent Thursday 14 June 2018 1234 PMTo Kerry Doss ltKerryDossdsdmipqldgovaugt Graeme BoltonltGraemeBoltondsdmipqldgovaugt Megan Bayntun ltMeganBayntundsdmipqldgovaugtCc Anthony Martini ltAnthonyMartinimoretonbayqldgovaugtSubject MBRC Planning Scheme Amendment Meeting 13062018 Graeme Kerry and Megan Thank you for your time yesterday Tony and I found the meeting most useful As discussed and agreed in principle
1 Council would document a series of proposed changes to the existing Planning SchemeAmendment that responds to the States direction to remove reference to the CIA andassociated service area non-service area concepts (see attached)
2 Subject to an iterative process between the State and council this information would thenform the basis of a conditional approval of the current major scheme amendment amp
3 The existing amendment would then be finalised by way of a conditional approval consistentwith points 1 and 2 above ASAP
Please find attached a first draft table outlining what are considered to be the necessary changesto the current amendment We would welcome your thoughts on this so that we can continue todevelop its contents with you I note you indicated that for this approach to be utilised you would need to be comfortable thatthe type of changes proposed did not constitute a substantial change As a consequence we haveincluded a column (Substantial change) that includes our appraisal of each proposed change Againwe would welcome your thoughts on this matter also
RTI1819-035-DSDMIP - Page 24 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
It would be good to progress this matter ASAP In doing so it would be appreciated if you couldadvise when you consider you may be able to provide a response to these initial draftrepresentations In the interim should you require anything further please let me know Regards Stewart PentlandDirectorPlanning and Economic DevelopmentMoreton Bay Regional Council2 Hasking Street Caboolture Qld 4510P 07 5433 2023MEmail stewartpentlandmoretonbayqldgovauwwwmoretonbayqldgovau
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in this e-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are not anamed recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legalprivilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete all copiesimmediately and contact the sender to advise of the errorIt is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liability forloss or damage arising directly or indirectly from opening this email opening any attachments or any communication errorsThe views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
This email and any attachments may contain confidential or privileged information and may be protected by copyright Youmust not use or disclose them other than for the purposes for which they were supplied The confidentiality and privilegeattached to this message and attachment is not waived by reason of mistaken delivery to you If you are not the intendedrecipient you must not use disclose retain forward or reproduce this message or any attachments If you receive this messagein error please notify the sender by return email or telephone and destroy and delete all copies The Department does notaccept any responsibility for any loss or damage that may result from reliance on or use of any information contained in thisemail andor attachments
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in this e-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are not anamed recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legalprivilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete all copiesimmediately and contact the sender to advise of the errorIt is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liability forloss or damage arising directly or indirectly from opening this email opening any attachments or any communication errorsThe views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 25 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
From Anthony MartiniTo Graeme BoltonCc Ann Abbott Stewart Pentland Kerry DossSubject RE Moreton Bay Regional Council - Amendment to Planning Scheme ProgressDate Wednesday 11 July 2018 114220 AMAttachments image002png
Thank you for your e-mail Graeme I look forward to your further advices re this matter My reference to timing was based upon advice provided 2 weeks ago at a meeting betweenMBRC and the State that MBRC was to receive a draft condition set the following day Thanks Tony
From Graeme Bolton [mailtoGraemeBoltondsdmipqldgovau] Sent Tuesday 10 July 2018 658 PMTo Anthony Martini ltAnthonyMartinimoretonbayqldgovaugtCc Ann Abbott ltAnnAbbottmoretonbayqldgovaugt Stewart PentlandltStewartPentlandmoretonbayqldgovaugt Kerry Doss ltKerryDossdsdmipqldgovaugtSubject RE Moreton Bay Regional Council - Amendment to Planning Scheme Progress Good afternoon Tony Thank you for your email below I do apologise for not being able to take your call I was in ameeting and then subsequently on a teleconference when you phoned As discussed last week we met with DTMR officers who agreed to provide us with additionalinformation by tomorrow We greatly appreciate the councilrsquos willingness to work with the department to find a wayforward However given the complexity of the amendments it is not as easy as you portray tohave ldquoremoved the CIA and the servicenon service area referencesrdquo All we have at this point intime is a high level table with expressed intent To give effect to this intent involves significantchanges to the proposed amendment and carries a very high risk of unintended consequencesfor the operation of the planning scheme and potential lawfulness of the amendment I amextremely concerned about agreeing to something now only to find out after the Minister hasconditionally approved the amendment that the expressed intent cannot be delivered We are endeavouring to find a solution I will advise further once we have received theadditional information from DTMR Regards Graeme
RTI1819-035-DSDMIP - Page 26 of 55
Graeme BoltonExecutive Director Planning and Development ServicesPlanning GroupDepartment of State Development Manufacturing Infrastructure and Planning---------------------------------------------------------------------------------------------------------------------------------------------
P 07 3452 6741 MLevel 13 1 William Street Brisbane QLD 4000PO Box 15009 City East QLD 4002wwwdsdmipqldgovau
From Anthony Martini [mailtoAnthonyMartinimoretonbayqldgovau] Sent Tuesday 10 July 2018 108 PMTo Graeme Bolton ltGraemeBoltondsdmipqldgovaugtCc Ann Abbott ltAnnAbbottmoretonbayqldgovaugt Stewart PentlandltStewartPentlandmoretonbayqldgovaugt Kerry Doss ltKerryDossdsdmipqldgovaugtSubject Moreton Bay Regional Council - Amendment to Planning Scheme Progress Hi Graeme Appreciate that you are busy however I have endeavoured to make contact with you over thepast few days for the purposes of understanding where we are at with regards to receiving apartial or full draft condition set to the amendment to the planning scheme It is nearly 4 weeks since we first met at which meeting MBRC offered to remove the CIA andservice areas non service areas from the amendment and provided shortly thereafter a tablesummary of these changes for further discussion and guidance for the State and MBRC to workthrough You have advised that these changes are agreed in principle You have also advised that thechanges need to be worked through I am in a position where I need some information from you as to what is occurring and when toprovide to the CEO and Mayor From MBRCrsquos perspective we have undertaken all that has beenasked of MBRC - removed the CIA and the servicenon service area references Is there anythingelse which MBRC needs to consider I await your advice Thanks Tony
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in thise-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are not
RTI1819-035-DSDMIP - Page 27 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
a named recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legalprivilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete allcopies immediately and contact the sender to advise of the errorIt is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liabilityfor loss or damage arising directly or indirectly from opening this email opening any attachments or any communication errorsThe views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
This email and any attachments may contain confidential or privileged information and may be protected by copyright Youmust not use or disclose them other than for the purposes for which they were supplied The confidentiality and privilegeattached to this message and attachment is not waived by reason of mistaken delivery to you If you are not the intendedrecipient you must not use disclose retain forward or reproduce this message or any attachments If you receive thismessage in error please notify the sender by return email or telephone and destroy and delete all copies The Departmentdoes not accept any responsibility for any loss or damage that may result from reliance on or use of any informationcontained in this email andor attachments
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in thise-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are nota named recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legalprivilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete allcopies immediately and contact the sender to advise of the errorIt is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liabilityfor loss or damage arising directly or indirectly from opening this email opening any attachments or any communication errorsThe views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 28 of 55
1
Anne Wood
Subject Discussion regarding DILGPs position and proposed changes to MBRC - Major Amendment 2Location ltlt1 William Street (1WS) - 36 Floor - Meet 3614gtgt
Organizer Cindy WaltonRequired AttendeesCindy Walton Barbara Ryan Christine ONeill kateislesmoretonbayqldgovau
stewartpentlandmoretonbayqldgovau Graeme Bolton Tess PickeringOptional AttendeesBen Caldwell Ian Wright
Booking Confirmation Your room booking has been accepted with the following booking confirmation details below Building 1 William Street (1WS) Floor 36 Room Meet 3614 Room Setup Meeting Room Info Number Attending 12 Date 12 May 2017 From 1100AM To 1230PM Booked By Cindy Walton Host Cindy Walton Booking ID148766 To Join the meeting please dial sip+61730272906qgaaadqldgovau Notes Recurrence Dates Note 1 If you have booked conferencing resources please cut and paste above meeting details to the Outlook meeting invitation and send update 2 For an audio connection users dial the number only 3 For video (Skype) connections users dial the full address
Organizer Anthony MartiniResources Room - Strathpine Room 2A
Good morning The venue for this meeting is Councilrsquos Strathpine office at 220 Gympie Road Strathpine Entrance to the office is via Customer Service in Hall Street where parking is available on street Upon arrival at customer service you will be asked to complete visitor paperwork and then escorted to meeting room 2A Should you have any queries regarding this meeting request please contact me as below Kind regards Ann Abbott Operations Coordinator Engineering Construction amp Maintenance Moreton Bay Regional Council Stage 3 220 Gympie Road Strathpine P 07 3480 6233 E annabbottmoretonbayqldgovau
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in this e-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are not a named recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legal privilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete all copies immediately and contact the sender to advise of the error It is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liability for loss or damage arising directly or indirectly from opening this email opening any attachments or any communication errors The views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 30 of 55
1
Anne Wood
Subject MBRC Location 1 William St Level 12 Room 1214
Shortly you will receive an email invite to enter 1 William st with instructions on what you will need to provide to
Concierge
I will meet your party in the foyer once you have signed in
Kind regards
Anne
Anne Wood AExecutive Assistant Planning and Development Services | Brisbane Department of State Development Manufacturing Infrastructure and Planning Level 13 1 William St Brisbane QLD 4000 p 07 3452 7115 | e annewooddilgpqldgovau
RTI1819-035-DSDMIP - Page 31 of 55
From Graeme BoltonTo Anthony MartiniCc Stewart Pentland Kerry Doss Megan BayntunSubject RE MBRC Planning Scheme Amendment Meeting 13062018Date Friday 22 June 2018 64200 PMAttachments image001png
Dear Tony Please accept my apologies for not being able to get back to you earlier today As indicated in mymessage I was unexpectedly tied up all afternoon in an emergent and urgent issue I have reviewed the provided table and support in principle the matters identified in column fourIn respect to the matters identified in column five I can understand and again support in theprinciple the need for additional changes However the extent of changes will need to satisfy thesignificantly different test This is something that the department and Minister cannot resolvefrom This may mean that the desired changes may need to be tempered with what can besupported at this point in time and further decisions made by the council in respect to the riskprofile and whether or not to proceed with particular elements In addition to the above we have examined a couple of mechanisms that may be open to theMinister in deciding the proposed amendment In short we are exploring (a) the ability to partrefuse and part approve subject to conditions or (b) to solely condition The key consideration isto ensure whatever recommendation is made to the Minister the eventual decision can withstandclose scrutiny In both options given the volume of changes we would be also recommending tothe Minister a closing condition that requires the council to submit the changed amendment forendorsement by the Chief Executive prior to adoption by the council Finally as discussed at our last meeting through the second state interest review the Departmentof Environment and Science (DES) identified concerns in relation to koala habitat and the WarnerInvestigation Area structure plan I have been chasing (and have not yet received) additionalinformation and mapping from DES in relation to this At this point in time we would be looking toinclude a condition addresses the protection of the remaining koala habitat I am hoping to getgreater clarity and certainty on this (in terms of scale and location) in the coming days I will give you a call on Monday to discuss Please do not hesitate to contact me in the interimshould you have questions or concerns Regards Graeme
Graeme BoltonExecutive Director Planning and Development ServicesPlanning GroupDepartment of State Development Manufacturing Infrastructure and Planning---------------------------------------------------------------------------------------------------------------------------------------------
P 07 3452 6741 MLevel 13 1 William Street Brisbane QLD 4000
RTI1819-035-DSDMIP - Page 32 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
Summary of Proposed Planning Scheme Amendment
MBRC policy end Current MBRC Planning Scheme
Advertised Proposed Planning Scheme
Amendment
Amended Proposed Planning Scheme
Amendment
Other necessary changes to achieve MBRC policy end
Substantial change
Warner growth area - o Enable conversion of existing
industryrural residential to transition to residential outcomes
o Conversion consistent with the SEQ Regional Plan identification of Warner for growth
Industry zone and rural residential surrounded by existing residential and main roads Preliminary approval (Variation) would involve - Impact assessment - Major non-compliance with the
assessment benchmarks
- Zone change to Emerging
Community - Overlay map - Structure
planned area - Level of assessment - Service Area - RAL Code
assessment No Service Area - RAL
Impact assessment
Changes - Delete reference to CIA - Delete reference to service area
non service area Result - No change to Overlay map -
Structure planned area - Level of Assessment - RAL
Code assessment
Strengthening of assessment benchmarks required in the Emerging Community Zone Code andor RAL Code - Emerging Community Zone to assist code assessment
No Maintain overlay map as advertised maintain Level of Assessment remove reference to CIA and remove reference to Service Area and Non-Service Area
Caboolture West growth area - (Area 1) - o Enable Area 1 to proceed to
development including residential and local centre
o Consistent with the SEQ Regional Planrsquos identification of Caboolture West as an expansion area
Preliminary approval (Variation) would involve - Impact assessment - Major non-compliance with the
assessment benchmarks without a Neighhourhood Development Plan for Area 1
- Area 1 - Overlay map -
Structure planned area - Level of assessment Service Area - RAL Code
assessment Non Service Area - RAL
Impact assessment
Changes - Delete reference to CIA - Delete reference to service area
non service area Result - No change to Overlay map -
Structure planned area - Level of assessment - RAL Code
assessment for SPA1
Strengthening of assessment benchmarks required in the Local Plan Zone Code andor RAL Code - Emerging Community Zone to assist code assessment
No Maintain overlay map as advertised maintain Level of Assessment remove reference to CIA remove reference to Service Area and Non-Service Area
Caboolture West growth area - (Balance of Caboolture West) - o Enable subsequent stages to
be structure planned and released through future scheme amendments
Preliminary approval (Variation) would involve - Impact assessment - Major non-compliance with the
assessment benchmarks without a Neighhourhood Development Plan for the relevant area
- Overlay map - Future Structure
plan area - Level of assessment - Impact assessment
Changes - Delete reference to CIA - Delete reference to service area
non service area Result - No change to Overlay map -
Future Structure plan area - Level of assessment - Impact
assessment
Revisit strategic framework to delete CIA and ensure strategic outcomes accurately reflect the future timing of these fronts
No Maintain overlay map as advertised remove reference to CIA Minor change to the strategic framework
Other growth areas to be structure planned and held subject to planning infrastructure requirements and financial obligations being determined o Morayfield o Burpengary east o Narangba east o Joyner
RAL application would involve - Code assessment - Major non-compliance with the
assessment benchmarks in the absence of integrated land use and infrastructure planning
MCU application would involve impact assessment
- Overlay Map - Future structure
planned area - Level of assessment - RAL
Impact assessment - Major non-compliance with the
assessment benchmarks in the absence of integrated land use and infrastructure planning including the strategic outcomes
Changes - Delete references to CIA in the
strategic framework - Delete references to service
area non service area Result - No change to Overlay map -
Future structure planned area
Revisit strategic framework to delete CIA and ensure strategic outcomes accurately reflect the future timing of these fronts
No Maintain overlay map as advertised maintain Level of Assessment and remove reference to CIA
MBRC policy end Current MBRC Planning
Scheme Advertised Proposed
Planning Scheme Amendment
Amended Proposed Planning Scheme
Amendment
Other necessary changes to achieve MBRC policy end
Substantial change
- No change to Level of assessment - RAL Impact assessment
Balance of Proposed Planning Scheme Amendment
Not applicable
Changes proposed (carports setbacks sheds etc)
No further changes to the proposed Planning Scheme Amendment as provided post consultation
Not applicable
Not applicable
PO Box 15009 City East QLD 4002wwwdsdmipqldgovau
From Stewart Pentland [mailtoStewartPentlandmoretonbayqldgovau] Sent Thursday 14 June 2018 1234 PMTo Kerry Doss ltKerryDossdsdmipqldgovaugt Graeme BoltonltGraemeBoltondsdmipqldgovaugt Megan Bayntun ltMeganBayntundsdmipqldgovaugtCc Anthony Martini ltAnthonyMartinimoretonbayqldgovaugtSubject MBRC Planning Scheme Amendment Meeting 13062018 Graeme Kerry and Megan Thank you for your time yesterday Tony and I found the meeting most useful As discussed and agreed in principle
1 Council would document a series of proposed changes to the existing Planning SchemeAmendment that responds to the States direction to remove reference to the CIA andassociated service area non-service area concepts (see attached)
2 Subject to an iterative process between the State and council this information would thenform the basis of a conditional approval of the current major scheme amendment amp
3 The existing amendment would then be finalised by way of a conditional approval consistentwith points 1 and 2 above ASAP
Please find attached a first draft table outlining what are considered to be the necessary changesto the current amendment We would welcome your thoughts on this so that we can continue todevelop its contents with you I note you indicated that for this approach to be utilised you would need to be comfortable thatthe type of changes proposed did not constitute a substantial change As a consequence we haveincluded a column (Substantial change) that includes our appraisal of each proposed change Againwe would welcome your thoughts on this matter also It would be good to progress this matter ASAP In doing so it would be appreciated if you couldadvise when you consider you may be able to provide a response to these initial draftrepresentations In the interim should you require anything further please let me know Regards Stewart PentlandDirectorPlanning and Economic DevelopmentMoreton Bay Regional Council2 Hasking Street Caboolture Qld 4510P 07 5433 2023M Email stewartpentlandmoretonbayqldgovauwwwmoretonbayqldgovau
RTI1819-035-DSDMIP - Page 33 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in this e-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are not anamed recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legalprivilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete all copiesimmediately and contact the sender to advise of the errorIt is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liability forloss or damage arising directly or indirectly from opening this email opening any attachments or any communication errorsThe views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 34 of 55
Summary of Proposed Planning Scheme Amendment
MBRC policy end Current MBRC Planning Scheme
Advertised Proposed Planning Scheme
Amendment
Amended Proposed Planning Scheme
Amendment
Other necessary changes to achieve MBRC policy end
Substantial change
Warner growth area - o Enable conversion of existing
industryrural residential to transition to residential outcomes
o Conversion consistent with the SEQ Regional Plan identification of Warner for growth
Industry zone and rural residential surrounded by existing residential and main roads Preliminary approval (Variation) would involve - Impact assessment - Major non-compliance with the
assessment benchmarks
- Zone change to Emerging
Community - Overlay map - Structure
planned area - Level of assessment - Service Area - RAL Code
assessment No Service Area - RAL
Impact assessment
Changes - Delete reference to CIA - Delete reference to service area
non service area Result - No change to Overlay map -
Structure planned area - Level of Assessment - RAL
Code assessment
Strengthening of assessment benchmarks required in the Emerging Community Zone Code andor RAL Code - Emerging Community Zone to assist code assessment
No Maintain overlay map as advertised maintain Level of Assessment remove reference to CIA and remove reference to Service Area and Non-Service Area
Caboolture West growth area - (Area 1) - o Enable Area 1 to proceed to
development including residential and local centre
o Consistent with the SEQ Regional Planrsquos identification of Caboolture West as an expansion area
Preliminary approval (Variation) would involve - Impact assessment - Major non-compliance with the
assessment benchmarks without a Neighhourhood Development Plan for Area 1
- Area 1 - Overlay map -
Structure planned area - Level of assessment Service Area - RAL Code
assessment Non Service Area - RAL
Impact assessment
Changes - Delete reference to CIA - Delete reference to service area
non service area Result - No change to Overlay map -
Structure planned area - Level of assessment - RAL Code
assessment for SPA1
Strengthening of assessment benchmarks required in the Local Plan Zone Code andor RAL Code - Emerging Community Zone to assist code assessment
No Maintain overlay map as advertised maintain Level of Assessment remove reference to CIA remove reference to Service Area and Non-Service Area
Caboolture West growth area - (Balance of Caboolture West) - o Enable subsequent stages to
be structure planned and released through future scheme amendments
Preliminary approval (Variation) would involve - Impact assessment - Major non-compliance with the
assessment benchmarks without a Neighhourhood Development Plan for the relevant area
- Overlay map - Future Structure
plan area - Level of assessment - Impact assessment
Changes - Delete reference to CIA - Delete reference to service area
non service area Result - No change to Overlay map -
Future Structure plan area - Level of assessment - Impact
assessment
Revisit strategic framework to delete CIA and ensure strategic outcomes accurately reflect the future timing of these fronts
No Maintain overlay map as advertised remove reference to CIA Minor change to the strategic framework
Other growth areas to be structure planned and held subject to planning infrastructure requirements and financial obligations being determined o Morayfield o Burpengary east o Narangba east o Joyner
RAL application would involve - Code assessment - Major non-compliance with the
assessment benchmarks in the absence of integrated land use and infrastructure planning
MCU application would involve impact assessment
- Overlay Map - Future structure
planned area - Level of assessment - RAL
Impact assessment - Major non-compliance with the
assessment benchmarks in the absence of integrated land use and infrastructure planning including the strategic outcomes
Changes - Delete references to CIA in the
strategic framework - Delete references to service
area non service area Result - No change to Overlay map -
Future structure planned area
Revisit strategic framework to delete CIA and ensure strategic outcomes accurately reflect the future timing of these fronts
No Maintain overlay map as advertised maintain Level of Assessment and remove reference to CIA
RTI1819-035-DSDMIP - Page 35 of 55
MBRC policy end Current MBRC Planning
Scheme Advertised Proposed
Planning Scheme Amendment
Amended Proposed Planning Scheme
Amendment
Other necessary changes to achieve MBRC policy end
Substantial change
- No change to Level of assessment - RAL Impact assessment
Balance of Proposed Planning Scheme Amendment
Not applicable
Changes proposed (carports setbacks sheds etc)
No further changes to the proposed Planning Scheme Amendment as provided post consultation
Not applicable
Not applicable
RTI1819-035-DSDMIP - Page 36 of 55
From Graeme BoltonTo Stewart Pentland Kerry Doss Megan BayntunCc Anthony MartiniSubject RE MBRC Planning Scheme Amendment Meeting 13062018Date Monday 18 June 2018 82200 AMAttachments image001png
image002jpg
Hi Stewart Thank you for providing the attached table and below information As per Kerryrsquos email we willreview and respond as soon as possible Regards Graeme
Graeme BoltonExecutive Director Planning and Development ServicesPlanning GroupDepartment of State Development Manufacturing Infrastructure and Planning---------------------------------------------------------------------------------------------------------------------------------------------
P 07 3452 6741 MLevel 13 1 William Street Brisbane QLD 4000PO Box 15009 City East QLD 4002wwwdsdmipqldgovau
From Stewart Pentland [mailtoStewartPentlandmoretonbayqldgovau] Sent Thursday 14 June 2018 1234 PMTo Kerry Doss ltKerryDossdsdmipqldgovaugt Graeme BoltonltGraemeBoltondsdmipqldgovaugt Megan Bayntun ltMeganBayntundsdmipqldgovaugtCc Anthony Martini ltAnthonyMartinimoretonbayqldgovaugtSubject MBRC Planning Scheme Amendment Meeting 13062018 Graeme Kerry and Megan Thank you for your time yesterday Tony and I found the meeting most useful As discussed and agreed in principle
1 Council would document a series of proposed changes to the existing Planning SchemeAmendment that responds to the States direction to remove reference to the CIA andassociated service area non-service area concepts (see attached)
2 Subject to an iterative process between the State and council this information would thenform the basis of a conditional approval of the current major scheme amendment amp
3 The existing amendment would then be finalised by way of a conditional approval consistentwith points 1 and 2 above ASAP
RTI1819-035-DSDMIP - Page 37 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
Please find attached a first draft table outlining what are considered to be the necessary changesto the current amendment We would welcome your thoughts on this so that we can continue todevelop its contents with you I note you indicated that for this approach to be utilised you would need to be comfortable thatthe type of changes proposed did not constitute a substantial change As a consequence we haveincluded a column (Substantial change) that includes our appraisal of each proposed change Againwe would welcome your thoughts on this matter also It would be good to progress this matter ASAP In doing so it would be appreciated if you couldadvise when you consider you may be able to provide a response to these initial draftrepresentations In the interim should you require anything further please let me know Regards Stewart PentlandDirectorPlanning and Economic DevelopmentMoreton Bay Regional Council2 Hasking Street Caboolture Qld 4510P 07 5433 2023M Email stewartpentlandmoretonbayqldgovauwwwmoretonbayqldgovau CCR3_email_signhr
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in this e-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are not anamed recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legalprivilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete all copiesimmediately and contact the sender to advise of the errorIt is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liability forloss or damage arising directly or indirectly from opening this email opening any attachments or any communication errorsThe views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 38 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
From Graeme BoltonTo Anthony MartiniCc Ann Abbott Stewart Pentland Kerry DossSubject RE Moreton Bay Regional Council - Amendment to Planning Scheme ProgressDate Tuesday 10 July 2018 65800 PMAttachments image001png
Good afternoon Tony Thank you for your email below I do apologise for not being able to take your call I was in ameeting and then subsequently on a teleconference when you phoned As discussed last week we met with DTMR officers who agreed to provide us with additionalinformation by tomorrow We greatly appreciate the councilrsquos willingness to work with the department to find a wayforward However given the complexity of the amendments it is not as easy as you portray tohave ldquoremoved the CIA and the servicenon service area referencesrdquo All we have at this point intime is a high level table with expressed intent To give effect to this intent involves significantchanges to the proposed amendment and carries a very high risk of unintended consequencesfor the operation of the planning scheme and potential lawfulness of the amendment I amextremely concerned about agreeing to something now only to find out after the Minister hasconditionally approved the amendment that the expressed intent cannot be delivered We are endeavouring to find a solution I will advise further once we have received theadditional information from DTMR Regards Graeme
Graeme BoltonExecutive Director Planning and Development ServicesPlanning GroupDepartment of State Development Manufacturing Infrastructure and Planning--------------------------------------------------------------- ---------------------------
P 07 3452 6741 MLevel 13 1 William Street Brisbane QLD 4000PO Box 15009 City East QLD 4002wwwdsdmipqldgovau
From Anthony Martini [mailtoAnthonyMartinimoretonbayqldgovau] Sent Tuesday 10 July 2018 108 PMTo Graeme Bolton ltGraemeBoltondsdmipqldgovaugtCc Ann Abbott ltAnnAbbottmoretonbayqldgovaugt Stewart PentlandltStewartPentlandmoretonbayqldgovaugt Kerry Doss ltKerryDossdsdmipqldgovaugtSubject Moreton Bay Regional Council - Amendment to Planning Scheme Progress
RTI1819-035-DSDMIP - Page 39 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
Hi Graeme Appreciate that you are busy however I have endeavoured to make contact with you over thepast few days for the purposes of understanding where we are at with regards to receiving apartial or full draft condition set to the amendment to the planning scheme It is nearly 4 weeks since we first met at which meeting MBRC offered to remove the CIA andservice areas non service areas from the amendment and provided shortly thereafter a tablesummary of these changes for further discussion and guidance for the State and MBRC to workthrough You have advised that these changes are agreed in principle You have also advised that thechanges need to be worked through I am in a position where I need some information from you as to what is occurring and when toprovide to the CEO and Mayor From MBRCrsquos perspective we have undertaken all that has beenasked of MBRC - removed the CIA and the servicenon service area references Is there anythingelse which MBRC needs to consider I await your advice Thanks Tony
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in thise-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are nota named recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legalprivilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete allcopies immediately and contact the sender to advise of the errorIt is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liabilityfor loss or damage arising directly or indirectly from opening this email opening any attachments or any communication errorsThe views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 40 of 55
From Graeme BoltonTo Anthony MartiniCc Stewart Pentland Kerry Doss Garth NolanSubject RE Update on draft conditionsDate Thursday 5 July 2018 30400 PMAttachments image001png
image002png
Hi Tony I appreciate your concerns and we are progressing this as fast as possible As you can alsohopefully appreciate the amendment in its own right is a very large and complex document Thechanges being proposed are not unsubstantial and have multiple unintended consequencesmany of which have the potential to adversely affect matters of state interest As such we aretrying to resolve these to an acceptable level (for the state) before sharing these with you I will forward these to you as soon as possible Regards Graeme
Graeme BoltonExecutive Director Planning and Development ServicesPlanning GroupDepartment of State Development Manufacturing Infrastructure and Planning---------------------------------------------------------------------------------------------------------------------------------------------
P 07 3452 6741 MLevel 13 1 William Street Brisbane QLD 4000PO Box 15009 City East QLD 4002wwwdsdmipqldgovau
From Anthony Martini [mailtoAnthonyMartinimoretonbayqldgovau] Sent Tuesday 3 July 2018 543 PMTo Graeme Bolton ltGraemeBoltondsdmipqldgovaugtCc Stewart Pentland ltStewartPentlandmoretonbayqldgovaugt Kerry DossltKerryDossdsdmipqldgovaugt Garth Nolan ltGarthNolandsdmipqldgovaugtSubject RE Update on draft conditions Hi Graeme Thank you for the update It would be good to catch up sooner rather than later as it is fast approaching 3 weeks since ourinitial meeting I can advise that the Mayor sought advice from me as to where the amendmentwas at - as I had advised him 10 days ago that a draft set was to be available with a day or so As discussed our preference is to collaboratively work on the content of the draft conditions Itwould be appreciated if you could send through the balance of the approval and conditions now
RTI1819-035-DSDMIP - Page 41 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
this will enable us to get the process moving Thanks Tony
From Graeme Bolton [mailtoGraemeBoltondsdmipqldgovau] Sent Tuesday 3 July 2018 307 PMTo Anthony Martini ltAnthonyMartinimoretonbayqldgovaugtCc Stewart Pentland ltStewartPentlandmoretonbayqldgovaugt Kerry DossltKerryDossdsdmipqldgovaugt Garth Nolan ltGarthNolandsdmipqldgovaugtSubject Update on draft conditions Hi Tony As previously advised I met with senior officers from DTMR today to discuss some concernstheyrsquove raised in respect to conditioning the proposed amendment I believe we have a wayforward and DTMR are working on a couple of options as a matter of priority I am expecting tohave something back from DTMR mid next week We will continue to work closely with them totry and get something out sooner As previously discussed we will share the draft conditions once we are satisfied with them Wewould be happy to work with you to ensure they are workable from councilrsquos perspective Regards Graeme
Graeme BoltonExecutive Director Planning and Development ServicesPlanning GroupDepartment of State Development Manufacturing Infrastructure and Planning---------------------------------------------------------------- -------------------------------
P 07 3452 6741 MLevel 13 1 William Street Brisbane QLD 4000PO Box 15009 City East QLD 4002wwwdsdmipqldgovau
This email and any attachments may contain confidential or privileged information and may be protected by copyright Youmust not use or disclose them other than for the purposes for which they were supplied The confidentiality and privilegeattached to this message and attachment is not waived by reason of mistaken delivery to you If you are not the intendedrecipient you must not use disclose retain forward or reproduce this message or any attachments If you receive thismessage in error please notify the sender by return email or telephone and destroy and delete all copies The Departmentdoes not accept any responsibility for any loss or damage that may result from reliance on or use of any informationcontained in this email andor attachments
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in this
e-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are not
RTI1819-035-DSDMIP - Page 42 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
a named recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legal
privilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete all
copies immediately and contact the sender to advise of the error
It is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liability
for loss or damage arising directly or indirectly from opening this email opening any attachments or any communication errors
The views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 43 of 55
RTI1819-035-DSDMIP - Page 44 of 55
RTI1819-035-DSDMIP - Page 45 of 55
RTI1819-035-DSDMIP - Page 46 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
RTI1819-035-DSDMIP - Page 47 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
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Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
RTI1819-035-DSDMIP - Page 53 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
RTI1819-035-DSDMIP - Page 54 of 55
RTI1819-035-DSDMIP - Page 55 of 55
1
Anne Wood
From Anthony Martini ltAnthonyMartinimoretonbayqldgovaugtSent Tuesday 10 July 2018 108 PMTo Graeme BoltonCc Ann Abbott Stewart Pentland Kerry DossSubject Moreton Bay Regional Council - Amendment to Planning Scheme Progress
Hi Graeme Appreciate that you are busy however I have endeavoured to make contact with you over the past few days for the purposes of understanding where we are at with regards to receiving a partial or full draft condition set to the amendment to the planning scheme It is nearly 4 weeks since we first met at which meeting MBRC offered to remove the CIA and service areas non service areas from the amendment and provided shortly thereafter a table summary of these changes for further discussion and guidance for the State and MBRC to work through You have advised that these changes are agreed in principle You have also advised that the changes need to be worked through I am in a position where I need some information from you as to what is occurring and when to provide to the CEO and Mayor From MBRCrsquos perspective we have undertaken all that has been asked of MBRC ‐ removed the CIA and the servicenon service area references Is there anything else which MBRC needs to consider I await your advice Thanks Tony
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in this e-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are not a named recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legal privilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete all copies immediately and contact the sender to advise of the error It is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liability for loss or damage arising directly or indirectly from opening this email opening any attachments or any communication errors The views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 11 of 55
1
Anne Wood
From Anthony Martini ltAnthonyMartinimoretonbayqldgovaugtSent Tuesday 17 July 2018 234 PMTo Graeme BoltonCc Ann Abbott Kerry Doss Stewart PentlandSubject Planning Scheme Amendment
Hi Graeme I have sought not to bother you this past week with requests for updates Stewart and I are briefing the Council next Tuesday as to the current status of MBRCrsquos planning scheme amendment Can you please advise where the State is at by this Friday such that the information we provide the Council is current Have you received information you sought from DTMR last Wednesday I await your advice Thanks Tony
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in this e-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are not a named recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legal privilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete all copies immediately and contact the sender to advise of the error It is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liability for loss or damage arising directly or indirectly from opening this email opening any attachments or any communication errors The views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 12 of 55
1
Anne Wood
From Kerry DossSent Friday 27 July 2018 551 PMTo Anthony MartiniCc Graeme BoltonSubject RE Contact detailsAttachments DDG letter to Anthony Martinipdf
Hi Anthony Letter as requested Please feel free to call should you require any clarification regards
Kerry Doss Deputy Director‐General Planning Group Department of State Development Manufacturing Infrastructure and Planning ---------------------------------------------------------------------------------------------------------------------------------------------
P 07 3452 7909 ME kerrydossdsdmipqldgovau Level 13 1 William Street Brisbane QLD 4000 PO Box 15009 City East QLD 4002 wwwdsdmipqldgovau
From Anthony Martini ltAnthonyMartinimoretonbayqldgovaugt Sent Friday 27 July 2018 516 PM To Kerry Doss ltKerryDossdsdmipqldgovaugt Graeme Bolton ltGraemeBoltondsdmipqldgovaugt Subject Contact details Hi folks Look forward to receiving your letter As advised we briefed the Council yesterday following our meeting The Council is expecting a further briefing next Tuesday Thanks Tony ME Anthonymartinimoretonbayqldgovau
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in this e-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are not a named recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legal privilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete all copies immediately and contact the sender to advise of the error It is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liability for loss or damage arising directly or indirectly from opening this email opening any attachments or any communication errors The views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 13 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
Our ref OUT185247
27 July 2018 Mr Anthony Martini Deputy CEO Director Engineering Construction and Maintenance Moreton Bay Regional Council PO Box 159 CABOOLTURE QLD 4510 Dear Anthony I refer to the 26 July 2018 meeting between yourself Mr Stewart Pentland Mr Graeme Bolton and myself to discuss the proposed Major Amendment 2 (the proposed amendment) to the Moreton Bay Regional Council (the council) planning scheme As you are aware the department has assessed the proposed amendment and cannot support a recommendation to approve the proposed amendment due to the proposed Coordinating Infrastructure Agreement associated provisions (the CIA) and outstanding matters of state interest It was agreed that the Department of State Development Manufacturing Infrastructure and Planning (the department) would consider if it could support approving the proposed amendment subject to conditions to enable the minor elements not associated with structure planning and the CIA to proceed It was understood that these minor elements related to provisions such as development code requirements (eg setback provisions for carports) various overlay maps (eg the walking distance map) and codes and various minor provisions (eg animal husbandry) In particular it was understood that this did not include elements relating to the CIA including structure planned areas which are contingent on the CIA provisions Notwithstanding this understanding the department agreed that it would consider a broader range of changes as proposed in Mr Pentlandrsquos email of 14 June 2018 As discussed at our 26 July 2018 meeting the department has undertaken investigations and has concluded it cannot support a recommendation to approve the proposed amendment subject to conditions This is based on matters of state interest relating to transport infrastructure biodiversity values and the consideration of the significantly different test
RTI1819-035-DSDMIP - Page 14 of 55
Page 2 of 2
As discussed there a number of options available to the council 1 The council formally resolves and withdraws the proposed amendment and
commences a new amendment process As discussed the department would be highly supportive of utilising section 18 of the Planning Act 2016 to create a tailored amendment process (that does not require further public consultation) for the minor elements and a second tailored process (potentially requiring further public consultation) for the structure planning elements of the proposed amendment
OR 2 The council formally places the amendment process on hold and resubmits a
revised version of the proposed amendment Please note that should the council choose this option it will need to satisfy itself that the changes made do not result in a significantly different version of the proposed amendment than the version that underwent public consultation Please be advised that the Planning Minister in addition to the council will also need to be satisfied that the changes made do not result in a significantly different version of the proposed amendment then that which underwent public consultation The department is of the view (noting that it has not seen any possible changes) that it is highly likely that any changes made in respect to removing the CIA from the proposed amendment will be likely to result in a significantly different version
OR 3 The Planning Minister considers and decides the proposed amendment in its
current form
As discussed in respect to options 1 and 2 above the department is strongly supportive of coordinating the input of the Department of Transport and Main Roads and the Department of Environment and Science to resolve the outstanding matters of state interest It would be greatly appreciated if the council could formally advise the department of its preferred option by close of business on Friday 10 August 2018 If no advice has been received by this date the department will progress the proposed amendment for the Planning Ministerrsquos considers and decision in its current form If you require any further information please contact Mr Graeme Bolton Executive Director Planning Group Department of State Development Manufacturing Infrastructure and Planning on (07) 3452 6741 or Graemeboltondsdmipqldgovau who will be pleased to assist Yours sincerely
Kerry Doss Deputy Director-General
RTI1819-035-DSDMIP - Page 15 of 55
1
Anne Wood
From Kerry DossSent Saturday 16 June 2018 1034 AMTo Stewart Pentland Graeme Bolton Megan BayntunCc Anthony MartiniSubject Re MBRC Planning Scheme Amendment Meeting 13062018
Thanks Stuart We will consider and come back to you Regards Kerry Doss Kerry Doss Deputy Director‐General Planning Group Department of State Development Manufacturing Infrastructure amp Planning P 07 3452 7909 ME kerry dossdsdmip qldgovau
From Stewart Pentland ltStewartPentlandmoretonbayqldgovaugt Sent Thursday June 14 2018 123348 PM To Kerry Doss Graeme Bolton Megan Bayntun Cc Anthony Martini Subject MBRC Planning Scheme Amendment Meeting 13062018 Graeme Kerry and Megan Thank you for your time yesterday Tony and I found the meeting most useful As discussed and agreed in principle
1 Council would document a series of proposed changes to the existing Planning Scheme Amendment that responds to the States direction to remove reference to the CIA and associated service area non‐service area concepts (see attached)
2 Subject to an iterative process between the State and council this information would then form the basis of a conditional approval of the current major scheme amendment amp
3 The existing amendment would then be finalised by way of a conditional approval consistent with points 1 and 2 above ASAP
Please find attached a first draft table outlining what are considered to be the necessary changes to the current amendment We would welcome your thoughts on this so that we can continue to develop its contents with you I note you indicated that for this approach to be utilised you would need to be comfortable that the type of changes proposed did not constitute a substantial change As a consequence we have included a column (Substantial change) that includes our appraisal of each proposed change Again we would welcome your thoughts on this matter also It would be good to progress this matter ASAP In doing so it would be appreciated if you could advise when you consider you may be able to provide a response to these initial draft representations In the interim should you require anything further please let me know
RTI1819-035-DSDMIP - Page 16 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
2
Regards Stewart Pentland Director Planning and Economic Development Moreton Bay Regional Council 2 Hasking Street Caboolture Qld 4510 P 07 5433 2023 MEmail stewartpentlandmoretonbayqldgovau wwwmoretonbayqldgovau
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in this e-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are not a named recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legal privilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete all copies immediately and contact the sender to advise of the error It is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liability for loss or damage arising directly or indirectly from opening this email opening any attachments or any communication errors The views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 17 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
1
Anne Wood
From Stewart Pentland ltStewartPentlandmoretonbayqldgovaugtSent Tuesday 10 July 2018 839 PMTo Graeme BoltonCc Anthony Martini Ann Abbott Kerry DossSubject Re Moreton Bay Regional Council - Amendment to Planning Scheme Progress
Graeme I am concerned your response is straying from what council understood to be our agreement It is important from Councils perspective that the conditions are developed collaboratively Once agreement has been achieved on the conditions content they would then be finalised This was our agreement as we understood it Beyond this it is Councils responsibility to then amend its own scheme and then collaborate with the state on the proposed changes that respond to your conditions As previously discussed and agreed this would occur through a tracked change version of the scheme that we would iterate with you until agreement had been achieved Our appraisal is that those sections of the scheme included in the lsquohigh level tablersquo will be those sections of the scheme that require amendment If the above is no longer the agreement please confirm ASAP Regards Stewart
Sent from SWP iPhone On 10 Jul 2018 at 658 pm Graeme Bolton ltGraemeBoltondsdmipqldgovaugt wrote
Good afternoon Tony Thank you for your email below I do apologise for not being able to take your call I was in a meeting and then subsequently on a teleconference when you phoned As discussed last week we met with DTMR officers who agreed to provide us with additional information by tomorrow We greatly appreciate the councilrsquos willingness to work with the department to find a way forward However given the complexity of the amendments it is not as easy as you portray to have ldquoremoved the CIA and the servicenon service area referencesrdquo All we have at this point in time is a high level table with expressed intent To give effect to this intent involves significant changes to the proposed amendment and carries a very high risk of unintended consequences for the operation of the planning scheme and potential lawfulness of the amendment I am extremely concerned about agreeing to something now only to find out after the Minister has conditionally approved the amendment that the expressed intent cannot be delivered We are endeavouring to find a solution I will advise further once we have received the additional information from DTMR Regards Graeme
RTI1819-035-DSDMIP - Page 18 of 55
2
ltimage001pnggt Graeme Bolton Executive Director Planning and Development Services Planning Group Department of State Development Manufacturing Infrastructure and Planning --------------------------------------------------------------------------------------------------------------------------------------------- P 07 3452 6741 MLevel 13 1 William Street Brisbane QLD 4000 PO Box 15009 City East QLD 4002 wwwdsdmipqldgovau
From Anthony Martini [mailtoAnthonyMartinimoretonbayqldgovau] Sent Tuesday 10 July 2018 108 PM To Graeme Bolton ltGraemeBoltondsdmipqldgovaugt Cc Ann Abbott ltAnnAbbottmoretonbayqldgovaugt Stewart Pentland ltStewartPentlandmoretonbayqldgovaugt Kerry Doss ltKerryDossdsdmipqldgovaugt Subject Moreton Bay Regional Council ‐ Amendment to Planning Scheme Progress Hi Graeme Appreciate that you are busy however I have endeavoured to make contact with you over the past few days for the purposes of understanding where we are at with regards to receiving a partial or full draft condition set to the amendment to the planning scheme It is nearly 4 weeks since we first met at which meeting MBRC offered to remove the CIA and service areas non service areas from the amendment and provided shortly thereafter a table summary of these changes for further discussion and guidance for the State and MBRC to work through You have advised that these changes are agreed in principle You have also advised that the changes need to be worked through I am in a position where I need some information from you as to what is occurring and when to provide to the CEO and Mayor From MBRCrsquos perspective we have undertaken all that has been asked of MBRC ‐ removed the CIA and the servicenon service area references Is there anything else which MBRC needs to consider I await your advice Thanks Tony
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in this e-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are not a named recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legal privilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete all copies immediately and contact the sender to advise of the error It is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liability for loss or damage arising directly or indirectly from opening this email opening any attachments or any communication errors The views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 19 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in this e-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are not a named recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legal privilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete all copies immediately and contact the sender to advise of the error It is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liability for loss or damage arising directly or indirectly from opening this email opening any attachments or any communication errors The views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 20 of 55
1
Anne Wood
From Anthony Martini ltAnthonyMartinimoretonbayqldgovaugtSent Tuesday 3 July 2018 543 PMTo Graeme BoltonCc Stewart Pentland Kerry Doss Garth NolanSubject RE Update on draft conditions
Hi Graeme
Thank you for the update
It would be good to catch up sooner rather than later as it is fast approaching 3 weeks since our initial meeting I
can advise that the Mayor sought advice from me as to where the amendment was at ‐ as I had advised him 10 days
ago that a draft set was to be available with a day or so
As discussed our preference is to collaboratively work on the content of the draft conditions It would be
appreciated if you could send through the balance of the approval and conditions now this will enable us to get the
process moving
Thanks
Tony
From Graeme Bolton [mailtoGraemeBoltondsdmipqldgovau] Sent Tuesday 3 July 2018 307 PM To Anthony Martini ltAnthonyMartinimoretonbayqldgovaugt Cc Stewart Pentland ltStewartPentlandmoretonbayqldgovaugt Kerry Doss ltKerryDossdsdmipqldgovaugt Garth Nolan ltGarthNolandsdmipqldgovaugt Subject Update on draft conditions
Hi Tony
As previously advised I met with senior officers from DTMR today to discuss some concerns theyrsquove raised in
respect to conditioning the proposed amendment I believe we have a way forward and DTMR are working on a
couple of options as a matter of priority I am expecting to have something back from DTMR mid next week We will
continue to work closely with them to try and get something out sooner
As previously discussed we will share the draft conditions once we are satisfied with them We would be happy to
work with you to ensure they are workable from councilrsquos perspective Regards Graeme
RTI1819-035-DSDMIP - Page 21 of 55
2
Graeme Bolton Executive Director Planning and Development Services Planning Group Department of State Development Manufacturing Infrastructure and Planning ---------------------------------------------------------------------------------------------------------------------------------------------
P 07 3452 6741 MLevel 13 1 William Street Brisbane QLD 4000 PO Box 15009 City East QLD 4002 wwwdsdmipqldgovau
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in this e-mail and any
attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are not a named recipient any use of this
information including copying distribution and publication is prohibited Confidentiality and legal privilege are not waived or lost as a result of mistaken or
erroneous delivery If you are not a named recipient please delete all copies immediately and contact the sender to advise of the error
It is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liability for loss or damage
arising directly or indirectly from opening this email opening any attachments or any communication errors
The views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 22 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
From Anthony MartiniTo Graeme BoltonCc Stewart Pentland Kerry Doss Megan BayntunSubject RE MBRC Planning Scheme Amendment Meeting 13062018Date Monday 25 June 2018 80656 AMAttachments image002png
Hi Graeme As per texts over the weekend - Stewart and I will see you from 1030am this morning Thanks Tony
From Graeme Bolton [mailtoGraemeBoltondsdmipqldgovau] Sent Friday 22 June 2018 643 PMTo Anthony Martini ltAnthonyMartinimoretonbayqldgovaugtCc Stewart Pentland ltStewartPentlandmoretonbayqldgovaugt Kerry DossltKerryDossdsdmipqldgovaugt Megan Bayntun ltMeganBayntundsdmipqldgovaugtSubject RE MBRC Planning Scheme Amendment Meeting 13062018 Dear Tony Please accept my apologies for not being able to get back to you earlier today As indicated in mymessage I was unexpectedly tied up all afternoon in an emergent and urgent issue I have reviewed the provided table and support in principle the matters identified in column fourIn respect to the matters identified in column five I can understand and again support in theprinciple the need for additional changes However the extent of changes will need to satisfy thesignificantly different test This is something that the department and Minister cannot resolvefrom This may mean that the desired changes may need to be tempered with what can besupported at this point in time and further decisions made by the council in respect to the riskprofile and whether or not to proceed with particular elements In addition to the above we have examined a couple of mechanisms that may be open to theMinister in deciding the proposed amendment In short we are exploring (a) the ability to partrefuse and part approve subject to conditions or (b) to solely condition The key consideration isto ensure whatever recommendation is made to the Minister the eventual decision can withstandclose scrutiny In both options given the volume of changes we would be also recommending tothe Minister a closing condition that requires the council to submit the changed amendment forendorsement by the Chief Executive prior to adoption by the council Finally as discussed at our last meeting through the second state interest review the Departmentof Environment and Science (DES) identified concerns in relation to koala habitat and the WarnerInvestigation Area structure plan I have been chasing (and have not yet received) additionalinformation and mapping from DES in relation to this At this point in time we would be looking toinclude a condition addresses the protection of the remaining koala habitat I am hoping to getgreater clarity and certainty on this (in terms of scale and location) in the coming days
RTI1819-035-DSDMIP - Page 23 of 55
I will give you a call on Monday to discuss Please do not hesitate to contact me in the interimshould you have questions or concerns Regards Graeme
Graeme BoltonExecutive Director Planning and Development ServicesPlanning GroupDepartment of State Development Manufacturing Infrastructure and Planning---------------------------------------------------------------------------------------------------------------------------------------------
P 07 3452 6741 MLevel 13 1 William Street Brisbane QLD 4000PO Box 15009 City East QLD 4002wwwdsdmipqldgovau
From Stewart Pentland [mailtoStewartPentlandmoretonbayqldgovau] Sent Thursday 14 June 2018 1234 PMTo Kerry Doss ltKerryDossdsdmipqldgovaugt Graeme BoltonltGraemeBoltondsdmipqldgovaugt Megan Bayntun ltMeganBayntundsdmipqldgovaugtCc Anthony Martini ltAnthonyMartinimoretonbayqldgovaugtSubject MBRC Planning Scheme Amendment Meeting 13062018 Graeme Kerry and Megan Thank you for your time yesterday Tony and I found the meeting most useful As discussed and agreed in principle
1 Council would document a series of proposed changes to the existing Planning SchemeAmendment that responds to the States direction to remove reference to the CIA andassociated service area non-service area concepts (see attached)
2 Subject to an iterative process between the State and council this information would thenform the basis of a conditional approval of the current major scheme amendment amp
3 The existing amendment would then be finalised by way of a conditional approval consistentwith points 1 and 2 above ASAP
Please find attached a first draft table outlining what are considered to be the necessary changesto the current amendment We would welcome your thoughts on this so that we can continue todevelop its contents with you I note you indicated that for this approach to be utilised you would need to be comfortable thatthe type of changes proposed did not constitute a substantial change As a consequence we haveincluded a column (Substantial change) that includes our appraisal of each proposed change Againwe would welcome your thoughts on this matter also
RTI1819-035-DSDMIP - Page 24 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
It would be good to progress this matter ASAP In doing so it would be appreciated if you couldadvise when you consider you may be able to provide a response to these initial draftrepresentations In the interim should you require anything further please let me know Regards Stewart PentlandDirectorPlanning and Economic DevelopmentMoreton Bay Regional Council2 Hasking Street Caboolture Qld 4510P 07 5433 2023MEmail stewartpentlandmoretonbayqldgovauwwwmoretonbayqldgovau
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in this e-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are not anamed recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legalprivilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete all copiesimmediately and contact the sender to advise of the errorIt is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liability forloss or damage arising directly or indirectly from opening this email opening any attachments or any communication errorsThe views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
This email and any attachments may contain confidential or privileged information and may be protected by copyright Youmust not use or disclose them other than for the purposes for which they were supplied The confidentiality and privilegeattached to this message and attachment is not waived by reason of mistaken delivery to you If you are not the intendedrecipient you must not use disclose retain forward or reproduce this message or any attachments If you receive this messagein error please notify the sender by return email or telephone and destroy and delete all copies The Department does notaccept any responsibility for any loss or damage that may result from reliance on or use of any information contained in thisemail andor attachments
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in this e-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are not anamed recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legalprivilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete all copiesimmediately and contact the sender to advise of the errorIt is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liability forloss or damage arising directly or indirectly from opening this email opening any attachments or any communication errorsThe views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 25 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
From Anthony MartiniTo Graeme BoltonCc Ann Abbott Stewart Pentland Kerry DossSubject RE Moreton Bay Regional Council - Amendment to Planning Scheme ProgressDate Wednesday 11 July 2018 114220 AMAttachments image002png
Thank you for your e-mail Graeme I look forward to your further advices re this matter My reference to timing was based upon advice provided 2 weeks ago at a meeting betweenMBRC and the State that MBRC was to receive a draft condition set the following day Thanks Tony
From Graeme Bolton [mailtoGraemeBoltondsdmipqldgovau] Sent Tuesday 10 July 2018 658 PMTo Anthony Martini ltAnthonyMartinimoretonbayqldgovaugtCc Ann Abbott ltAnnAbbottmoretonbayqldgovaugt Stewart PentlandltStewartPentlandmoretonbayqldgovaugt Kerry Doss ltKerryDossdsdmipqldgovaugtSubject RE Moreton Bay Regional Council - Amendment to Planning Scheme Progress Good afternoon Tony Thank you for your email below I do apologise for not being able to take your call I was in ameeting and then subsequently on a teleconference when you phoned As discussed last week we met with DTMR officers who agreed to provide us with additionalinformation by tomorrow We greatly appreciate the councilrsquos willingness to work with the department to find a wayforward However given the complexity of the amendments it is not as easy as you portray tohave ldquoremoved the CIA and the servicenon service area referencesrdquo All we have at this point intime is a high level table with expressed intent To give effect to this intent involves significantchanges to the proposed amendment and carries a very high risk of unintended consequencesfor the operation of the planning scheme and potential lawfulness of the amendment I amextremely concerned about agreeing to something now only to find out after the Minister hasconditionally approved the amendment that the expressed intent cannot be delivered We are endeavouring to find a solution I will advise further once we have received theadditional information from DTMR Regards Graeme
RTI1819-035-DSDMIP - Page 26 of 55
Graeme BoltonExecutive Director Planning and Development ServicesPlanning GroupDepartment of State Development Manufacturing Infrastructure and Planning---------------------------------------------------------------------------------------------------------------------------------------------
P 07 3452 6741 MLevel 13 1 William Street Brisbane QLD 4000PO Box 15009 City East QLD 4002wwwdsdmipqldgovau
From Anthony Martini [mailtoAnthonyMartinimoretonbayqldgovau] Sent Tuesday 10 July 2018 108 PMTo Graeme Bolton ltGraemeBoltondsdmipqldgovaugtCc Ann Abbott ltAnnAbbottmoretonbayqldgovaugt Stewart PentlandltStewartPentlandmoretonbayqldgovaugt Kerry Doss ltKerryDossdsdmipqldgovaugtSubject Moreton Bay Regional Council - Amendment to Planning Scheme Progress Hi Graeme Appreciate that you are busy however I have endeavoured to make contact with you over thepast few days for the purposes of understanding where we are at with regards to receiving apartial or full draft condition set to the amendment to the planning scheme It is nearly 4 weeks since we first met at which meeting MBRC offered to remove the CIA andservice areas non service areas from the amendment and provided shortly thereafter a tablesummary of these changes for further discussion and guidance for the State and MBRC to workthrough You have advised that these changes are agreed in principle You have also advised that thechanges need to be worked through I am in a position where I need some information from you as to what is occurring and when toprovide to the CEO and Mayor From MBRCrsquos perspective we have undertaken all that has beenasked of MBRC - removed the CIA and the servicenon service area references Is there anythingelse which MBRC needs to consider I await your advice Thanks Tony
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in thise-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are not
RTI1819-035-DSDMIP - Page 27 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
a named recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legalprivilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete allcopies immediately and contact the sender to advise of the errorIt is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liabilityfor loss or damage arising directly or indirectly from opening this email opening any attachments or any communication errorsThe views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
This email and any attachments may contain confidential or privileged information and may be protected by copyright Youmust not use or disclose them other than for the purposes for which they were supplied The confidentiality and privilegeattached to this message and attachment is not waived by reason of mistaken delivery to you If you are not the intendedrecipient you must not use disclose retain forward or reproduce this message or any attachments If you receive thismessage in error please notify the sender by return email or telephone and destroy and delete all copies The Departmentdoes not accept any responsibility for any loss or damage that may result from reliance on or use of any informationcontained in this email andor attachments
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in thise-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are nota named recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legalprivilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete allcopies immediately and contact the sender to advise of the errorIt is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liabilityfor loss or damage arising directly or indirectly from opening this email opening any attachments or any communication errorsThe views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 28 of 55
1
Anne Wood
Subject Discussion regarding DILGPs position and proposed changes to MBRC - Major Amendment 2Location ltlt1 William Street (1WS) - 36 Floor - Meet 3614gtgt
Organizer Cindy WaltonRequired AttendeesCindy Walton Barbara Ryan Christine ONeill kateislesmoretonbayqldgovau
stewartpentlandmoretonbayqldgovau Graeme Bolton Tess PickeringOptional AttendeesBen Caldwell Ian Wright
Booking Confirmation Your room booking has been accepted with the following booking confirmation details below Building 1 William Street (1WS) Floor 36 Room Meet 3614 Room Setup Meeting Room Info Number Attending 12 Date 12 May 2017 From 1100AM To 1230PM Booked By Cindy Walton Host Cindy Walton Booking ID148766 To Join the meeting please dial sip+61730272906qgaaadqldgovau Notes Recurrence Dates Note 1 If you have booked conferencing resources please cut and paste above meeting details to the Outlook meeting invitation and send update 2 For an audio connection users dial the number only 3 For video (Skype) connections users dial the full address
Organizer Anthony MartiniResources Room - Strathpine Room 2A
Good morning The venue for this meeting is Councilrsquos Strathpine office at 220 Gympie Road Strathpine Entrance to the office is via Customer Service in Hall Street where parking is available on street Upon arrival at customer service you will be asked to complete visitor paperwork and then escorted to meeting room 2A Should you have any queries regarding this meeting request please contact me as below Kind regards Ann Abbott Operations Coordinator Engineering Construction amp Maintenance Moreton Bay Regional Council Stage 3 220 Gympie Road Strathpine P 07 3480 6233 E annabbottmoretonbayqldgovau
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in this e-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are not a named recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legal privilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete all copies immediately and contact the sender to advise of the error It is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liability for loss or damage arising directly or indirectly from opening this email opening any attachments or any communication errors The views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 30 of 55
1
Anne Wood
Subject MBRC Location 1 William St Level 12 Room 1214
Shortly you will receive an email invite to enter 1 William st with instructions on what you will need to provide to
Concierge
I will meet your party in the foyer once you have signed in
Kind regards
Anne
Anne Wood AExecutive Assistant Planning and Development Services | Brisbane Department of State Development Manufacturing Infrastructure and Planning Level 13 1 William St Brisbane QLD 4000 p 07 3452 7115 | e annewooddilgpqldgovau
RTI1819-035-DSDMIP - Page 31 of 55
From Graeme BoltonTo Anthony MartiniCc Stewart Pentland Kerry Doss Megan BayntunSubject RE MBRC Planning Scheme Amendment Meeting 13062018Date Friday 22 June 2018 64200 PMAttachments image001png
Dear Tony Please accept my apologies for not being able to get back to you earlier today As indicated in mymessage I was unexpectedly tied up all afternoon in an emergent and urgent issue I have reviewed the provided table and support in principle the matters identified in column fourIn respect to the matters identified in column five I can understand and again support in theprinciple the need for additional changes However the extent of changes will need to satisfy thesignificantly different test This is something that the department and Minister cannot resolvefrom This may mean that the desired changes may need to be tempered with what can besupported at this point in time and further decisions made by the council in respect to the riskprofile and whether or not to proceed with particular elements In addition to the above we have examined a couple of mechanisms that may be open to theMinister in deciding the proposed amendment In short we are exploring (a) the ability to partrefuse and part approve subject to conditions or (b) to solely condition The key consideration isto ensure whatever recommendation is made to the Minister the eventual decision can withstandclose scrutiny In both options given the volume of changes we would be also recommending tothe Minister a closing condition that requires the council to submit the changed amendment forendorsement by the Chief Executive prior to adoption by the council Finally as discussed at our last meeting through the second state interest review the Departmentof Environment and Science (DES) identified concerns in relation to koala habitat and the WarnerInvestigation Area structure plan I have been chasing (and have not yet received) additionalinformation and mapping from DES in relation to this At this point in time we would be looking toinclude a condition addresses the protection of the remaining koala habitat I am hoping to getgreater clarity and certainty on this (in terms of scale and location) in the coming days I will give you a call on Monday to discuss Please do not hesitate to contact me in the interimshould you have questions or concerns Regards Graeme
Graeme BoltonExecutive Director Planning and Development ServicesPlanning GroupDepartment of State Development Manufacturing Infrastructure and Planning---------------------------------------------------------------------------------------------------------------------------------------------
P 07 3452 6741 MLevel 13 1 William Street Brisbane QLD 4000
RTI1819-035-DSDMIP - Page 32 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
Summary of Proposed Planning Scheme Amendment
MBRC policy end Current MBRC Planning Scheme
Advertised Proposed Planning Scheme
Amendment
Amended Proposed Planning Scheme
Amendment
Other necessary changes to achieve MBRC policy end
Substantial change
Warner growth area - o Enable conversion of existing
industryrural residential to transition to residential outcomes
o Conversion consistent with the SEQ Regional Plan identification of Warner for growth
Industry zone and rural residential surrounded by existing residential and main roads Preliminary approval (Variation) would involve - Impact assessment - Major non-compliance with the
assessment benchmarks
- Zone change to Emerging
Community - Overlay map - Structure
planned area - Level of assessment - Service Area - RAL Code
assessment No Service Area - RAL
Impact assessment
Changes - Delete reference to CIA - Delete reference to service area
non service area Result - No change to Overlay map -
Structure planned area - Level of Assessment - RAL
Code assessment
Strengthening of assessment benchmarks required in the Emerging Community Zone Code andor RAL Code - Emerging Community Zone to assist code assessment
No Maintain overlay map as advertised maintain Level of Assessment remove reference to CIA and remove reference to Service Area and Non-Service Area
Caboolture West growth area - (Area 1) - o Enable Area 1 to proceed to
development including residential and local centre
o Consistent with the SEQ Regional Planrsquos identification of Caboolture West as an expansion area
Preliminary approval (Variation) would involve - Impact assessment - Major non-compliance with the
assessment benchmarks without a Neighhourhood Development Plan for Area 1
- Area 1 - Overlay map -
Structure planned area - Level of assessment Service Area - RAL Code
assessment Non Service Area - RAL
Impact assessment
Changes - Delete reference to CIA - Delete reference to service area
non service area Result - No change to Overlay map -
Structure planned area - Level of assessment - RAL Code
assessment for SPA1
Strengthening of assessment benchmarks required in the Local Plan Zone Code andor RAL Code - Emerging Community Zone to assist code assessment
No Maintain overlay map as advertised maintain Level of Assessment remove reference to CIA remove reference to Service Area and Non-Service Area
Caboolture West growth area - (Balance of Caboolture West) - o Enable subsequent stages to
be structure planned and released through future scheme amendments
Preliminary approval (Variation) would involve - Impact assessment - Major non-compliance with the
assessment benchmarks without a Neighhourhood Development Plan for the relevant area
- Overlay map - Future Structure
plan area - Level of assessment - Impact assessment
Changes - Delete reference to CIA - Delete reference to service area
non service area Result - No change to Overlay map -
Future Structure plan area - Level of assessment - Impact
assessment
Revisit strategic framework to delete CIA and ensure strategic outcomes accurately reflect the future timing of these fronts
No Maintain overlay map as advertised remove reference to CIA Minor change to the strategic framework
Other growth areas to be structure planned and held subject to planning infrastructure requirements and financial obligations being determined o Morayfield o Burpengary east o Narangba east o Joyner
RAL application would involve - Code assessment - Major non-compliance with the
assessment benchmarks in the absence of integrated land use and infrastructure planning
MCU application would involve impact assessment
- Overlay Map - Future structure
planned area - Level of assessment - RAL
Impact assessment - Major non-compliance with the
assessment benchmarks in the absence of integrated land use and infrastructure planning including the strategic outcomes
Changes - Delete references to CIA in the
strategic framework - Delete references to service
area non service area Result - No change to Overlay map -
Future structure planned area
Revisit strategic framework to delete CIA and ensure strategic outcomes accurately reflect the future timing of these fronts
No Maintain overlay map as advertised maintain Level of Assessment and remove reference to CIA
MBRC policy end Current MBRC Planning
Scheme Advertised Proposed
Planning Scheme Amendment
Amended Proposed Planning Scheme
Amendment
Other necessary changes to achieve MBRC policy end
Substantial change
- No change to Level of assessment - RAL Impact assessment
Balance of Proposed Planning Scheme Amendment
Not applicable
Changes proposed (carports setbacks sheds etc)
No further changes to the proposed Planning Scheme Amendment as provided post consultation
Not applicable
Not applicable
PO Box 15009 City East QLD 4002wwwdsdmipqldgovau
From Stewart Pentland [mailtoStewartPentlandmoretonbayqldgovau] Sent Thursday 14 June 2018 1234 PMTo Kerry Doss ltKerryDossdsdmipqldgovaugt Graeme BoltonltGraemeBoltondsdmipqldgovaugt Megan Bayntun ltMeganBayntundsdmipqldgovaugtCc Anthony Martini ltAnthonyMartinimoretonbayqldgovaugtSubject MBRC Planning Scheme Amendment Meeting 13062018 Graeme Kerry and Megan Thank you for your time yesterday Tony and I found the meeting most useful As discussed and agreed in principle
1 Council would document a series of proposed changes to the existing Planning SchemeAmendment that responds to the States direction to remove reference to the CIA andassociated service area non-service area concepts (see attached)
2 Subject to an iterative process between the State and council this information would thenform the basis of a conditional approval of the current major scheme amendment amp
3 The existing amendment would then be finalised by way of a conditional approval consistentwith points 1 and 2 above ASAP
Please find attached a first draft table outlining what are considered to be the necessary changesto the current amendment We would welcome your thoughts on this so that we can continue todevelop its contents with you I note you indicated that for this approach to be utilised you would need to be comfortable thatthe type of changes proposed did not constitute a substantial change As a consequence we haveincluded a column (Substantial change) that includes our appraisal of each proposed change Againwe would welcome your thoughts on this matter also It would be good to progress this matter ASAP In doing so it would be appreciated if you couldadvise when you consider you may be able to provide a response to these initial draftrepresentations In the interim should you require anything further please let me know Regards Stewart PentlandDirectorPlanning and Economic DevelopmentMoreton Bay Regional Council2 Hasking Street Caboolture Qld 4510P 07 5433 2023M Email stewartpentlandmoretonbayqldgovauwwwmoretonbayqldgovau
RTI1819-035-DSDMIP - Page 33 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in this e-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are not anamed recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legalprivilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete all copiesimmediately and contact the sender to advise of the errorIt is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liability forloss or damage arising directly or indirectly from opening this email opening any attachments or any communication errorsThe views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 34 of 55
Summary of Proposed Planning Scheme Amendment
MBRC policy end Current MBRC Planning Scheme
Advertised Proposed Planning Scheme
Amendment
Amended Proposed Planning Scheme
Amendment
Other necessary changes to achieve MBRC policy end
Substantial change
Warner growth area - o Enable conversion of existing
industryrural residential to transition to residential outcomes
o Conversion consistent with the SEQ Regional Plan identification of Warner for growth
Industry zone and rural residential surrounded by existing residential and main roads Preliminary approval (Variation) would involve - Impact assessment - Major non-compliance with the
assessment benchmarks
- Zone change to Emerging
Community - Overlay map - Structure
planned area - Level of assessment - Service Area - RAL Code
assessment No Service Area - RAL
Impact assessment
Changes - Delete reference to CIA - Delete reference to service area
non service area Result - No change to Overlay map -
Structure planned area - Level of Assessment - RAL
Code assessment
Strengthening of assessment benchmarks required in the Emerging Community Zone Code andor RAL Code - Emerging Community Zone to assist code assessment
No Maintain overlay map as advertised maintain Level of Assessment remove reference to CIA and remove reference to Service Area and Non-Service Area
Caboolture West growth area - (Area 1) - o Enable Area 1 to proceed to
development including residential and local centre
o Consistent with the SEQ Regional Planrsquos identification of Caboolture West as an expansion area
Preliminary approval (Variation) would involve - Impact assessment - Major non-compliance with the
assessment benchmarks without a Neighhourhood Development Plan for Area 1
- Area 1 - Overlay map -
Structure planned area - Level of assessment Service Area - RAL Code
assessment Non Service Area - RAL
Impact assessment
Changes - Delete reference to CIA - Delete reference to service area
non service area Result - No change to Overlay map -
Structure planned area - Level of assessment - RAL Code
assessment for SPA1
Strengthening of assessment benchmarks required in the Local Plan Zone Code andor RAL Code - Emerging Community Zone to assist code assessment
No Maintain overlay map as advertised maintain Level of Assessment remove reference to CIA remove reference to Service Area and Non-Service Area
Caboolture West growth area - (Balance of Caboolture West) - o Enable subsequent stages to
be structure planned and released through future scheme amendments
Preliminary approval (Variation) would involve - Impact assessment - Major non-compliance with the
assessment benchmarks without a Neighhourhood Development Plan for the relevant area
- Overlay map - Future Structure
plan area - Level of assessment - Impact assessment
Changes - Delete reference to CIA - Delete reference to service area
non service area Result - No change to Overlay map -
Future Structure plan area - Level of assessment - Impact
assessment
Revisit strategic framework to delete CIA and ensure strategic outcomes accurately reflect the future timing of these fronts
No Maintain overlay map as advertised remove reference to CIA Minor change to the strategic framework
Other growth areas to be structure planned and held subject to planning infrastructure requirements and financial obligations being determined o Morayfield o Burpengary east o Narangba east o Joyner
RAL application would involve - Code assessment - Major non-compliance with the
assessment benchmarks in the absence of integrated land use and infrastructure planning
MCU application would involve impact assessment
- Overlay Map - Future structure
planned area - Level of assessment - RAL
Impact assessment - Major non-compliance with the
assessment benchmarks in the absence of integrated land use and infrastructure planning including the strategic outcomes
Changes - Delete references to CIA in the
strategic framework - Delete references to service
area non service area Result - No change to Overlay map -
Future structure planned area
Revisit strategic framework to delete CIA and ensure strategic outcomes accurately reflect the future timing of these fronts
No Maintain overlay map as advertised maintain Level of Assessment and remove reference to CIA
RTI1819-035-DSDMIP - Page 35 of 55
MBRC policy end Current MBRC Planning
Scheme Advertised Proposed
Planning Scheme Amendment
Amended Proposed Planning Scheme
Amendment
Other necessary changes to achieve MBRC policy end
Substantial change
- No change to Level of assessment - RAL Impact assessment
Balance of Proposed Planning Scheme Amendment
Not applicable
Changes proposed (carports setbacks sheds etc)
No further changes to the proposed Planning Scheme Amendment as provided post consultation
Not applicable
Not applicable
RTI1819-035-DSDMIP - Page 36 of 55
From Graeme BoltonTo Stewart Pentland Kerry Doss Megan BayntunCc Anthony MartiniSubject RE MBRC Planning Scheme Amendment Meeting 13062018Date Monday 18 June 2018 82200 AMAttachments image001png
image002jpg
Hi Stewart Thank you for providing the attached table and below information As per Kerryrsquos email we willreview and respond as soon as possible Regards Graeme
Graeme BoltonExecutive Director Planning and Development ServicesPlanning GroupDepartment of State Development Manufacturing Infrastructure and Planning---------------------------------------------------------------------------------------------------------------------------------------------
P 07 3452 6741 MLevel 13 1 William Street Brisbane QLD 4000PO Box 15009 City East QLD 4002wwwdsdmipqldgovau
From Stewart Pentland [mailtoStewartPentlandmoretonbayqldgovau] Sent Thursday 14 June 2018 1234 PMTo Kerry Doss ltKerryDossdsdmipqldgovaugt Graeme BoltonltGraemeBoltondsdmipqldgovaugt Megan Bayntun ltMeganBayntundsdmipqldgovaugtCc Anthony Martini ltAnthonyMartinimoretonbayqldgovaugtSubject MBRC Planning Scheme Amendment Meeting 13062018 Graeme Kerry and Megan Thank you for your time yesterday Tony and I found the meeting most useful As discussed and agreed in principle
1 Council would document a series of proposed changes to the existing Planning SchemeAmendment that responds to the States direction to remove reference to the CIA andassociated service area non-service area concepts (see attached)
2 Subject to an iterative process between the State and council this information would thenform the basis of a conditional approval of the current major scheme amendment amp
3 The existing amendment would then be finalised by way of a conditional approval consistentwith points 1 and 2 above ASAP
RTI1819-035-DSDMIP - Page 37 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
Please find attached a first draft table outlining what are considered to be the necessary changesto the current amendment We would welcome your thoughts on this so that we can continue todevelop its contents with you I note you indicated that for this approach to be utilised you would need to be comfortable thatthe type of changes proposed did not constitute a substantial change As a consequence we haveincluded a column (Substantial change) that includes our appraisal of each proposed change Againwe would welcome your thoughts on this matter also It would be good to progress this matter ASAP In doing so it would be appreciated if you couldadvise when you consider you may be able to provide a response to these initial draftrepresentations In the interim should you require anything further please let me know Regards Stewart PentlandDirectorPlanning and Economic DevelopmentMoreton Bay Regional Council2 Hasking Street Caboolture Qld 4510P 07 5433 2023M Email stewartpentlandmoretonbayqldgovauwwwmoretonbayqldgovau CCR3_email_signhr
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in this e-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are not anamed recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legalprivilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete all copiesimmediately and contact the sender to advise of the errorIt is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liability forloss or damage arising directly or indirectly from opening this email opening any attachments or any communication errorsThe views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 38 of 55
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From Graeme BoltonTo Anthony MartiniCc Ann Abbott Stewart Pentland Kerry DossSubject RE Moreton Bay Regional Council - Amendment to Planning Scheme ProgressDate Tuesday 10 July 2018 65800 PMAttachments image001png
Good afternoon Tony Thank you for your email below I do apologise for not being able to take your call I was in ameeting and then subsequently on a teleconference when you phoned As discussed last week we met with DTMR officers who agreed to provide us with additionalinformation by tomorrow We greatly appreciate the councilrsquos willingness to work with the department to find a wayforward However given the complexity of the amendments it is not as easy as you portray tohave ldquoremoved the CIA and the servicenon service area referencesrdquo All we have at this point intime is a high level table with expressed intent To give effect to this intent involves significantchanges to the proposed amendment and carries a very high risk of unintended consequencesfor the operation of the planning scheme and potential lawfulness of the amendment I amextremely concerned about agreeing to something now only to find out after the Minister hasconditionally approved the amendment that the expressed intent cannot be delivered We are endeavouring to find a solution I will advise further once we have received theadditional information from DTMR Regards Graeme
Graeme BoltonExecutive Director Planning and Development ServicesPlanning GroupDepartment of State Development Manufacturing Infrastructure and Planning--------------------------------------------------------------- ---------------------------
P 07 3452 6741 MLevel 13 1 William Street Brisbane QLD 4000PO Box 15009 City East QLD 4002wwwdsdmipqldgovau
From Anthony Martini [mailtoAnthonyMartinimoretonbayqldgovau] Sent Tuesday 10 July 2018 108 PMTo Graeme Bolton ltGraemeBoltondsdmipqldgovaugtCc Ann Abbott ltAnnAbbottmoretonbayqldgovaugt Stewart PentlandltStewartPentlandmoretonbayqldgovaugt Kerry Doss ltKerryDossdsdmipqldgovaugtSubject Moreton Bay Regional Council - Amendment to Planning Scheme Progress
RTI1819-035-DSDMIP - Page 39 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
Hi Graeme Appreciate that you are busy however I have endeavoured to make contact with you over thepast few days for the purposes of understanding where we are at with regards to receiving apartial or full draft condition set to the amendment to the planning scheme It is nearly 4 weeks since we first met at which meeting MBRC offered to remove the CIA andservice areas non service areas from the amendment and provided shortly thereafter a tablesummary of these changes for further discussion and guidance for the State and MBRC to workthrough You have advised that these changes are agreed in principle You have also advised that thechanges need to be worked through I am in a position where I need some information from you as to what is occurring and when toprovide to the CEO and Mayor From MBRCrsquos perspective we have undertaken all that has beenasked of MBRC - removed the CIA and the servicenon service area references Is there anythingelse which MBRC needs to consider I await your advice Thanks Tony
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in thise-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are nota named recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legalprivilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete allcopies immediately and contact the sender to advise of the errorIt is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liabilityfor loss or damage arising directly or indirectly from opening this email opening any attachments or any communication errorsThe views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 40 of 55
From Graeme BoltonTo Anthony MartiniCc Stewart Pentland Kerry Doss Garth NolanSubject RE Update on draft conditionsDate Thursday 5 July 2018 30400 PMAttachments image001png
image002png
Hi Tony I appreciate your concerns and we are progressing this as fast as possible As you can alsohopefully appreciate the amendment in its own right is a very large and complex document Thechanges being proposed are not unsubstantial and have multiple unintended consequencesmany of which have the potential to adversely affect matters of state interest As such we aretrying to resolve these to an acceptable level (for the state) before sharing these with you I will forward these to you as soon as possible Regards Graeme
Graeme BoltonExecutive Director Planning and Development ServicesPlanning GroupDepartment of State Development Manufacturing Infrastructure and Planning---------------------------------------------------------------------------------------------------------------------------------------------
P 07 3452 6741 MLevel 13 1 William Street Brisbane QLD 4000PO Box 15009 City East QLD 4002wwwdsdmipqldgovau
From Anthony Martini [mailtoAnthonyMartinimoretonbayqldgovau] Sent Tuesday 3 July 2018 543 PMTo Graeme Bolton ltGraemeBoltondsdmipqldgovaugtCc Stewart Pentland ltStewartPentlandmoretonbayqldgovaugt Kerry DossltKerryDossdsdmipqldgovaugt Garth Nolan ltGarthNolandsdmipqldgovaugtSubject RE Update on draft conditions Hi Graeme Thank you for the update It would be good to catch up sooner rather than later as it is fast approaching 3 weeks since ourinitial meeting I can advise that the Mayor sought advice from me as to where the amendmentwas at - as I had advised him 10 days ago that a draft set was to be available with a day or so As discussed our preference is to collaboratively work on the content of the draft conditions Itwould be appreciated if you could send through the balance of the approval and conditions now
RTI1819-035-DSDMIP - Page 41 of 55
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this will enable us to get the process moving Thanks Tony
From Graeme Bolton [mailtoGraemeBoltondsdmipqldgovau] Sent Tuesday 3 July 2018 307 PMTo Anthony Martini ltAnthonyMartinimoretonbayqldgovaugtCc Stewart Pentland ltStewartPentlandmoretonbayqldgovaugt Kerry DossltKerryDossdsdmipqldgovaugt Garth Nolan ltGarthNolandsdmipqldgovaugtSubject Update on draft conditions Hi Tony As previously advised I met with senior officers from DTMR today to discuss some concernstheyrsquove raised in respect to conditioning the proposed amendment I believe we have a wayforward and DTMR are working on a couple of options as a matter of priority I am expecting tohave something back from DTMR mid next week We will continue to work closely with them totry and get something out sooner As previously discussed we will share the draft conditions once we are satisfied with them Wewould be happy to work with you to ensure they are workable from councilrsquos perspective Regards Graeme
Graeme BoltonExecutive Director Planning and Development ServicesPlanning GroupDepartment of State Development Manufacturing Infrastructure and Planning---------------------------------------------------------------- -------------------------------
P 07 3452 6741 MLevel 13 1 William Street Brisbane QLD 4000PO Box 15009 City East QLD 4002wwwdsdmipqldgovau
This email and any attachments may contain confidential or privileged information and may be protected by copyright Youmust not use or disclose them other than for the purposes for which they were supplied The confidentiality and privilegeattached to this message and attachment is not waived by reason of mistaken delivery to you If you are not the intendedrecipient you must not use disclose retain forward or reproduce this message or any attachments If you receive thismessage in error please notify the sender by return email or telephone and destroy and delete all copies The Departmentdoes not accept any responsibility for any loss or damage that may result from reliance on or use of any informationcontained in this email andor attachments
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in this
e-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are not
RTI1819-035-DSDMIP - Page 42 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
a named recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legal
privilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete all
copies immediately and contact the sender to advise of the error
It is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liability
for loss or damage arising directly or indirectly from opening this email opening any attachments or any communication errors
The views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
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Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
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1
Anne Wood
From Anthony Martini ltAnthonyMartinimoretonbayqldgovaugtSent Tuesday 17 July 2018 234 PMTo Graeme BoltonCc Ann Abbott Kerry Doss Stewart PentlandSubject Planning Scheme Amendment
Hi Graeme I have sought not to bother you this past week with requests for updates Stewart and I are briefing the Council next Tuesday as to the current status of MBRCrsquos planning scheme amendment Can you please advise where the State is at by this Friday such that the information we provide the Council is current Have you received information you sought from DTMR last Wednesday I await your advice Thanks Tony
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in this e-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are not a named recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legal privilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete all copies immediately and contact the sender to advise of the error It is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liability for loss or damage arising directly or indirectly from opening this email opening any attachments or any communication errors The views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 12 of 55
1
Anne Wood
From Kerry DossSent Friday 27 July 2018 551 PMTo Anthony MartiniCc Graeme BoltonSubject RE Contact detailsAttachments DDG letter to Anthony Martinipdf
Hi Anthony Letter as requested Please feel free to call should you require any clarification regards
Kerry Doss Deputy Director‐General Planning Group Department of State Development Manufacturing Infrastructure and Planning ---------------------------------------------------------------------------------------------------------------------------------------------
P 07 3452 7909 ME kerrydossdsdmipqldgovau Level 13 1 William Street Brisbane QLD 4000 PO Box 15009 City East QLD 4002 wwwdsdmipqldgovau
From Anthony Martini ltAnthonyMartinimoretonbayqldgovaugt Sent Friday 27 July 2018 516 PM To Kerry Doss ltKerryDossdsdmipqldgovaugt Graeme Bolton ltGraemeBoltondsdmipqldgovaugt Subject Contact details Hi folks Look forward to receiving your letter As advised we briefed the Council yesterday following our meeting The Council is expecting a further briefing next Tuesday Thanks Tony ME Anthonymartinimoretonbayqldgovau
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in this e-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are not a named recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legal privilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete all copies immediately and contact the sender to advise of the error It is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liability for loss or damage arising directly or indirectly from opening this email opening any attachments or any communication errors The views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 13 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
Our ref OUT185247
27 July 2018 Mr Anthony Martini Deputy CEO Director Engineering Construction and Maintenance Moreton Bay Regional Council PO Box 159 CABOOLTURE QLD 4510 Dear Anthony I refer to the 26 July 2018 meeting between yourself Mr Stewart Pentland Mr Graeme Bolton and myself to discuss the proposed Major Amendment 2 (the proposed amendment) to the Moreton Bay Regional Council (the council) planning scheme As you are aware the department has assessed the proposed amendment and cannot support a recommendation to approve the proposed amendment due to the proposed Coordinating Infrastructure Agreement associated provisions (the CIA) and outstanding matters of state interest It was agreed that the Department of State Development Manufacturing Infrastructure and Planning (the department) would consider if it could support approving the proposed amendment subject to conditions to enable the minor elements not associated with structure planning and the CIA to proceed It was understood that these minor elements related to provisions such as development code requirements (eg setback provisions for carports) various overlay maps (eg the walking distance map) and codes and various minor provisions (eg animal husbandry) In particular it was understood that this did not include elements relating to the CIA including structure planned areas which are contingent on the CIA provisions Notwithstanding this understanding the department agreed that it would consider a broader range of changes as proposed in Mr Pentlandrsquos email of 14 June 2018 As discussed at our 26 July 2018 meeting the department has undertaken investigations and has concluded it cannot support a recommendation to approve the proposed amendment subject to conditions This is based on matters of state interest relating to transport infrastructure biodiversity values and the consideration of the significantly different test
RTI1819-035-DSDMIP - Page 14 of 55
Page 2 of 2
As discussed there a number of options available to the council 1 The council formally resolves and withdraws the proposed amendment and
commences a new amendment process As discussed the department would be highly supportive of utilising section 18 of the Planning Act 2016 to create a tailored amendment process (that does not require further public consultation) for the minor elements and a second tailored process (potentially requiring further public consultation) for the structure planning elements of the proposed amendment
OR 2 The council formally places the amendment process on hold and resubmits a
revised version of the proposed amendment Please note that should the council choose this option it will need to satisfy itself that the changes made do not result in a significantly different version of the proposed amendment than the version that underwent public consultation Please be advised that the Planning Minister in addition to the council will also need to be satisfied that the changes made do not result in a significantly different version of the proposed amendment then that which underwent public consultation The department is of the view (noting that it has not seen any possible changes) that it is highly likely that any changes made in respect to removing the CIA from the proposed amendment will be likely to result in a significantly different version
OR 3 The Planning Minister considers and decides the proposed amendment in its
current form
As discussed in respect to options 1 and 2 above the department is strongly supportive of coordinating the input of the Department of Transport and Main Roads and the Department of Environment and Science to resolve the outstanding matters of state interest It would be greatly appreciated if the council could formally advise the department of its preferred option by close of business on Friday 10 August 2018 If no advice has been received by this date the department will progress the proposed amendment for the Planning Ministerrsquos considers and decision in its current form If you require any further information please contact Mr Graeme Bolton Executive Director Planning Group Department of State Development Manufacturing Infrastructure and Planning on (07) 3452 6741 or Graemeboltondsdmipqldgovau who will be pleased to assist Yours sincerely
Kerry Doss Deputy Director-General
RTI1819-035-DSDMIP - Page 15 of 55
1
Anne Wood
From Kerry DossSent Saturday 16 June 2018 1034 AMTo Stewart Pentland Graeme Bolton Megan BayntunCc Anthony MartiniSubject Re MBRC Planning Scheme Amendment Meeting 13062018
Thanks Stuart We will consider and come back to you Regards Kerry Doss Kerry Doss Deputy Director‐General Planning Group Department of State Development Manufacturing Infrastructure amp Planning P 07 3452 7909 ME kerry dossdsdmip qldgovau
From Stewart Pentland ltStewartPentlandmoretonbayqldgovaugt Sent Thursday June 14 2018 123348 PM To Kerry Doss Graeme Bolton Megan Bayntun Cc Anthony Martini Subject MBRC Planning Scheme Amendment Meeting 13062018 Graeme Kerry and Megan Thank you for your time yesterday Tony and I found the meeting most useful As discussed and agreed in principle
1 Council would document a series of proposed changes to the existing Planning Scheme Amendment that responds to the States direction to remove reference to the CIA and associated service area non‐service area concepts (see attached)
2 Subject to an iterative process between the State and council this information would then form the basis of a conditional approval of the current major scheme amendment amp
3 The existing amendment would then be finalised by way of a conditional approval consistent with points 1 and 2 above ASAP
Please find attached a first draft table outlining what are considered to be the necessary changes to the current amendment We would welcome your thoughts on this so that we can continue to develop its contents with you I note you indicated that for this approach to be utilised you would need to be comfortable that the type of changes proposed did not constitute a substantial change As a consequence we have included a column (Substantial change) that includes our appraisal of each proposed change Again we would welcome your thoughts on this matter also It would be good to progress this matter ASAP In doing so it would be appreciated if you could advise when you consider you may be able to provide a response to these initial draft representations In the interim should you require anything further please let me know
RTI1819-035-DSDMIP - Page 16 of 55
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2
Regards Stewart Pentland Director Planning and Economic Development Moreton Bay Regional Council 2 Hasking Street Caboolture Qld 4510 P 07 5433 2023 MEmail stewartpentlandmoretonbayqldgovau wwwmoretonbayqldgovau
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in this e-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are not a named recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legal privilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete all copies immediately and contact the sender to advise of the error It is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liability for loss or damage arising directly or indirectly from opening this email opening any attachments or any communication errors The views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 17 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
1
Anne Wood
From Stewart Pentland ltStewartPentlandmoretonbayqldgovaugtSent Tuesday 10 July 2018 839 PMTo Graeme BoltonCc Anthony Martini Ann Abbott Kerry DossSubject Re Moreton Bay Regional Council - Amendment to Planning Scheme Progress
Graeme I am concerned your response is straying from what council understood to be our agreement It is important from Councils perspective that the conditions are developed collaboratively Once agreement has been achieved on the conditions content they would then be finalised This was our agreement as we understood it Beyond this it is Councils responsibility to then amend its own scheme and then collaborate with the state on the proposed changes that respond to your conditions As previously discussed and agreed this would occur through a tracked change version of the scheme that we would iterate with you until agreement had been achieved Our appraisal is that those sections of the scheme included in the lsquohigh level tablersquo will be those sections of the scheme that require amendment If the above is no longer the agreement please confirm ASAP Regards Stewart
Sent from SWP iPhone On 10 Jul 2018 at 658 pm Graeme Bolton ltGraemeBoltondsdmipqldgovaugt wrote
Good afternoon Tony Thank you for your email below I do apologise for not being able to take your call I was in a meeting and then subsequently on a teleconference when you phoned As discussed last week we met with DTMR officers who agreed to provide us with additional information by tomorrow We greatly appreciate the councilrsquos willingness to work with the department to find a way forward However given the complexity of the amendments it is not as easy as you portray to have ldquoremoved the CIA and the servicenon service area referencesrdquo All we have at this point in time is a high level table with expressed intent To give effect to this intent involves significant changes to the proposed amendment and carries a very high risk of unintended consequences for the operation of the planning scheme and potential lawfulness of the amendment I am extremely concerned about agreeing to something now only to find out after the Minister has conditionally approved the amendment that the expressed intent cannot be delivered We are endeavouring to find a solution I will advise further once we have received the additional information from DTMR Regards Graeme
RTI1819-035-DSDMIP - Page 18 of 55
2
ltimage001pnggt Graeme Bolton Executive Director Planning and Development Services Planning Group Department of State Development Manufacturing Infrastructure and Planning --------------------------------------------------------------------------------------------------------------------------------------------- P 07 3452 6741 MLevel 13 1 William Street Brisbane QLD 4000 PO Box 15009 City East QLD 4002 wwwdsdmipqldgovau
From Anthony Martini [mailtoAnthonyMartinimoretonbayqldgovau] Sent Tuesday 10 July 2018 108 PM To Graeme Bolton ltGraemeBoltondsdmipqldgovaugt Cc Ann Abbott ltAnnAbbottmoretonbayqldgovaugt Stewart Pentland ltStewartPentlandmoretonbayqldgovaugt Kerry Doss ltKerryDossdsdmipqldgovaugt Subject Moreton Bay Regional Council ‐ Amendment to Planning Scheme Progress Hi Graeme Appreciate that you are busy however I have endeavoured to make contact with you over the past few days for the purposes of understanding where we are at with regards to receiving a partial or full draft condition set to the amendment to the planning scheme It is nearly 4 weeks since we first met at which meeting MBRC offered to remove the CIA and service areas non service areas from the amendment and provided shortly thereafter a table summary of these changes for further discussion and guidance for the State and MBRC to work through You have advised that these changes are agreed in principle You have also advised that the changes need to be worked through I am in a position where I need some information from you as to what is occurring and when to provide to the CEO and Mayor From MBRCrsquos perspective we have undertaken all that has been asked of MBRC ‐ removed the CIA and the servicenon service area references Is there anything else which MBRC needs to consider I await your advice Thanks Tony
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in this e-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are not a named recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legal privilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete all copies immediately and contact the sender to advise of the error It is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liability for loss or damage arising directly or indirectly from opening this email opening any attachments or any communication errors The views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 19 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in this e-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are not a named recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legal privilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete all copies immediately and contact the sender to advise of the error It is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liability for loss or damage arising directly or indirectly from opening this email opening any attachments or any communication errors The views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 20 of 55
1
Anne Wood
From Anthony Martini ltAnthonyMartinimoretonbayqldgovaugtSent Tuesday 3 July 2018 543 PMTo Graeme BoltonCc Stewart Pentland Kerry Doss Garth NolanSubject RE Update on draft conditions
Hi Graeme
Thank you for the update
It would be good to catch up sooner rather than later as it is fast approaching 3 weeks since our initial meeting I
can advise that the Mayor sought advice from me as to where the amendment was at ‐ as I had advised him 10 days
ago that a draft set was to be available with a day or so
As discussed our preference is to collaboratively work on the content of the draft conditions It would be
appreciated if you could send through the balance of the approval and conditions now this will enable us to get the
process moving
Thanks
Tony
From Graeme Bolton [mailtoGraemeBoltondsdmipqldgovau] Sent Tuesday 3 July 2018 307 PM To Anthony Martini ltAnthonyMartinimoretonbayqldgovaugt Cc Stewart Pentland ltStewartPentlandmoretonbayqldgovaugt Kerry Doss ltKerryDossdsdmipqldgovaugt Garth Nolan ltGarthNolandsdmipqldgovaugt Subject Update on draft conditions
Hi Tony
As previously advised I met with senior officers from DTMR today to discuss some concerns theyrsquove raised in
respect to conditioning the proposed amendment I believe we have a way forward and DTMR are working on a
couple of options as a matter of priority I am expecting to have something back from DTMR mid next week We will
continue to work closely with them to try and get something out sooner
As previously discussed we will share the draft conditions once we are satisfied with them We would be happy to
work with you to ensure they are workable from councilrsquos perspective Regards Graeme
RTI1819-035-DSDMIP - Page 21 of 55
2
Graeme Bolton Executive Director Planning and Development Services Planning Group Department of State Development Manufacturing Infrastructure and Planning ---------------------------------------------------------------------------------------------------------------------------------------------
P 07 3452 6741 MLevel 13 1 William Street Brisbane QLD 4000 PO Box 15009 City East QLD 4002 wwwdsdmipqldgovau
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in this e-mail and any
attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are not a named recipient any use of this
information including copying distribution and publication is prohibited Confidentiality and legal privilege are not waived or lost as a result of mistaken or
erroneous delivery If you are not a named recipient please delete all copies immediately and contact the sender to advise of the error
It is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liability for loss or damage
arising directly or indirectly from opening this email opening any attachments or any communication errors
The views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 22 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
From Anthony MartiniTo Graeme BoltonCc Stewart Pentland Kerry Doss Megan BayntunSubject RE MBRC Planning Scheme Amendment Meeting 13062018Date Monday 25 June 2018 80656 AMAttachments image002png
Hi Graeme As per texts over the weekend - Stewart and I will see you from 1030am this morning Thanks Tony
From Graeme Bolton [mailtoGraemeBoltondsdmipqldgovau] Sent Friday 22 June 2018 643 PMTo Anthony Martini ltAnthonyMartinimoretonbayqldgovaugtCc Stewart Pentland ltStewartPentlandmoretonbayqldgovaugt Kerry DossltKerryDossdsdmipqldgovaugt Megan Bayntun ltMeganBayntundsdmipqldgovaugtSubject RE MBRC Planning Scheme Amendment Meeting 13062018 Dear Tony Please accept my apologies for not being able to get back to you earlier today As indicated in mymessage I was unexpectedly tied up all afternoon in an emergent and urgent issue I have reviewed the provided table and support in principle the matters identified in column fourIn respect to the matters identified in column five I can understand and again support in theprinciple the need for additional changes However the extent of changes will need to satisfy thesignificantly different test This is something that the department and Minister cannot resolvefrom This may mean that the desired changes may need to be tempered with what can besupported at this point in time and further decisions made by the council in respect to the riskprofile and whether or not to proceed with particular elements In addition to the above we have examined a couple of mechanisms that may be open to theMinister in deciding the proposed amendment In short we are exploring (a) the ability to partrefuse and part approve subject to conditions or (b) to solely condition The key consideration isto ensure whatever recommendation is made to the Minister the eventual decision can withstandclose scrutiny In both options given the volume of changes we would be also recommending tothe Minister a closing condition that requires the council to submit the changed amendment forendorsement by the Chief Executive prior to adoption by the council Finally as discussed at our last meeting through the second state interest review the Departmentof Environment and Science (DES) identified concerns in relation to koala habitat and the WarnerInvestigation Area structure plan I have been chasing (and have not yet received) additionalinformation and mapping from DES in relation to this At this point in time we would be looking toinclude a condition addresses the protection of the remaining koala habitat I am hoping to getgreater clarity and certainty on this (in terms of scale and location) in the coming days
RTI1819-035-DSDMIP - Page 23 of 55
I will give you a call on Monday to discuss Please do not hesitate to contact me in the interimshould you have questions or concerns Regards Graeme
Graeme BoltonExecutive Director Planning and Development ServicesPlanning GroupDepartment of State Development Manufacturing Infrastructure and Planning---------------------------------------------------------------------------------------------------------------------------------------------
P 07 3452 6741 MLevel 13 1 William Street Brisbane QLD 4000PO Box 15009 City East QLD 4002wwwdsdmipqldgovau
From Stewart Pentland [mailtoStewartPentlandmoretonbayqldgovau] Sent Thursday 14 June 2018 1234 PMTo Kerry Doss ltKerryDossdsdmipqldgovaugt Graeme BoltonltGraemeBoltondsdmipqldgovaugt Megan Bayntun ltMeganBayntundsdmipqldgovaugtCc Anthony Martini ltAnthonyMartinimoretonbayqldgovaugtSubject MBRC Planning Scheme Amendment Meeting 13062018 Graeme Kerry and Megan Thank you for your time yesterday Tony and I found the meeting most useful As discussed and agreed in principle
1 Council would document a series of proposed changes to the existing Planning SchemeAmendment that responds to the States direction to remove reference to the CIA andassociated service area non-service area concepts (see attached)
2 Subject to an iterative process between the State and council this information would thenform the basis of a conditional approval of the current major scheme amendment amp
3 The existing amendment would then be finalised by way of a conditional approval consistentwith points 1 and 2 above ASAP
Please find attached a first draft table outlining what are considered to be the necessary changesto the current amendment We would welcome your thoughts on this so that we can continue todevelop its contents with you I note you indicated that for this approach to be utilised you would need to be comfortable thatthe type of changes proposed did not constitute a substantial change As a consequence we haveincluded a column (Substantial change) that includes our appraisal of each proposed change Againwe would welcome your thoughts on this matter also
RTI1819-035-DSDMIP - Page 24 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
It would be good to progress this matter ASAP In doing so it would be appreciated if you couldadvise when you consider you may be able to provide a response to these initial draftrepresentations In the interim should you require anything further please let me know Regards Stewart PentlandDirectorPlanning and Economic DevelopmentMoreton Bay Regional Council2 Hasking Street Caboolture Qld 4510P 07 5433 2023MEmail stewartpentlandmoretonbayqldgovauwwwmoretonbayqldgovau
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in this e-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are not anamed recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legalprivilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete all copiesimmediately and contact the sender to advise of the errorIt is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liability forloss or damage arising directly or indirectly from opening this email opening any attachments or any communication errorsThe views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
This email and any attachments may contain confidential or privileged information and may be protected by copyright Youmust not use or disclose them other than for the purposes for which they were supplied The confidentiality and privilegeattached to this message and attachment is not waived by reason of mistaken delivery to you If you are not the intendedrecipient you must not use disclose retain forward or reproduce this message or any attachments If you receive this messagein error please notify the sender by return email or telephone and destroy and delete all copies The Department does notaccept any responsibility for any loss or damage that may result from reliance on or use of any information contained in thisemail andor attachments
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in this e-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are not anamed recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legalprivilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete all copiesimmediately and contact the sender to advise of the errorIt is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liability forloss or damage arising directly or indirectly from opening this email opening any attachments or any communication errorsThe views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 25 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
From Anthony MartiniTo Graeme BoltonCc Ann Abbott Stewart Pentland Kerry DossSubject RE Moreton Bay Regional Council - Amendment to Planning Scheme ProgressDate Wednesday 11 July 2018 114220 AMAttachments image002png
Thank you for your e-mail Graeme I look forward to your further advices re this matter My reference to timing was based upon advice provided 2 weeks ago at a meeting betweenMBRC and the State that MBRC was to receive a draft condition set the following day Thanks Tony
From Graeme Bolton [mailtoGraemeBoltondsdmipqldgovau] Sent Tuesday 10 July 2018 658 PMTo Anthony Martini ltAnthonyMartinimoretonbayqldgovaugtCc Ann Abbott ltAnnAbbottmoretonbayqldgovaugt Stewart PentlandltStewartPentlandmoretonbayqldgovaugt Kerry Doss ltKerryDossdsdmipqldgovaugtSubject RE Moreton Bay Regional Council - Amendment to Planning Scheme Progress Good afternoon Tony Thank you for your email below I do apologise for not being able to take your call I was in ameeting and then subsequently on a teleconference when you phoned As discussed last week we met with DTMR officers who agreed to provide us with additionalinformation by tomorrow We greatly appreciate the councilrsquos willingness to work with the department to find a wayforward However given the complexity of the amendments it is not as easy as you portray tohave ldquoremoved the CIA and the servicenon service area referencesrdquo All we have at this point intime is a high level table with expressed intent To give effect to this intent involves significantchanges to the proposed amendment and carries a very high risk of unintended consequencesfor the operation of the planning scheme and potential lawfulness of the amendment I amextremely concerned about agreeing to something now only to find out after the Minister hasconditionally approved the amendment that the expressed intent cannot be delivered We are endeavouring to find a solution I will advise further once we have received theadditional information from DTMR Regards Graeme
RTI1819-035-DSDMIP - Page 26 of 55
Graeme BoltonExecutive Director Planning and Development ServicesPlanning GroupDepartment of State Development Manufacturing Infrastructure and Planning---------------------------------------------------------------------------------------------------------------------------------------------
P 07 3452 6741 MLevel 13 1 William Street Brisbane QLD 4000PO Box 15009 City East QLD 4002wwwdsdmipqldgovau
From Anthony Martini [mailtoAnthonyMartinimoretonbayqldgovau] Sent Tuesday 10 July 2018 108 PMTo Graeme Bolton ltGraemeBoltondsdmipqldgovaugtCc Ann Abbott ltAnnAbbottmoretonbayqldgovaugt Stewart PentlandltStewartPentlandmoretonbayqldgovaugt Kerry Doss ltKerryDossdsdmipqldgovaugtSubject Moreton Bay Regional Council - Amendment to Planning Scheme Progress Hi Graeme Appreciate that you are busy however I have endeavoured to make contact with you over thepast few days for the purposes of understanding where we are at with regards to receiving apartial or full draft condition set to the amendment to the planning scheme It is nearly 4 weeks since we first met at which meeting MBRC offered to remove the CIA andservice areas non service areas from the amendment and provided shortly thereafter a tablesummary of these changes for further discussion and guidance for the State and MBRC to workthrough You have advised that these changes are agreed in principle You have also advised that thechanges need to be worked through I am in a position where I need some information from you as to what is occurring and when toprovide to the CEO and Mayor From MBRCrsquos perspective we have undertaken all that has beenasked of MBRC - removed the CIA and the servicenon service area references Is there anythingelse which MBRC needs to consider I await your advice Thanks Tony
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in thise-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are not
RTI1819-035-DSDMIP - Page 27 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
a named recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legalprivilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete allcopies immediately and contact the sender to advise of the errorIt is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liabilityfor loss or damage arising directly or indirectly from opening this email opening any attachments or any communication errorsThe views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
This email and any attachments may contain confidential or privileged information and may be protected by copyright Youmust not use or disclose them other than for the purposes for which they were supplied The confidentiality and privilegeattached to this message and attachment is not waived by reason of mistaken delivery to you If you are not the intendedrecipient you must not use disclose retain forward or reproduce this message or any attachments If you receive thismessage in error please notify the sender by return email or telephone and destroy and delete all copies The Departmentdoes not accept any responsibility for any loss or damage that may result from reliance on or use of any informationcontained in this email andor attachments
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in thise-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are nota named recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legalprivilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete allcopies immediately and contact the sender to advise of the errorIt is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liabilityfor loss or damage arising directly or indirectly from opening this email opening any attachments or any communication errorsThe views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 28 of 55
1
Anne Wood
Subject Discussion regarding DILGPs position and proposed changes to MBRC - Major Amendment 2Location ltlt1 William Street (1WS) - 36 Floor - Meet 3614gtgt
Organizer Cindy WaltonRequired AttendeesCindy Walton Barbara Ryan Christine ONeill kateislesmoretonbayqldgovau
stewartpentlandmoretonbayqldgovau Graeme Bolton Tess PickeringOptional AttendeesBen Caldwell Ian Wright
Booking Confirmation Your room booking has been accepted with the following booking confirmation details below Building 1 William Street (1WS) Floor 36 Room Meet 3614 Room Setup Meeting Room Info Number Attending 12 Date 12 May 2017 From 1100AM To 1230PM Booked By Cindy Walton Host Cindy Walton Booking ID148766 To Join the meeting please dial sip+61730272906qgaaadqldgovau Notes Recurrence Dates Note 1 If you have booked conferencing resources please cut and paste above meeting details to the Outlook meeting invitation and send update 2 For an audio connection users dial the number only 3 For video (Skype) connections users dial the full address
Organizer Anthony MartiniResources Room - Strathpine Room 2A
Good morning The venue for this meeting is Councilrsquos Strathpine office at 220 Gympie Road Strathpine Entrance to the office is via Customer Service in Hall Street where parking is available on street Upon arrival at customer service you will be asked to complete visitor paperwork and then escorted to meeting room 2A Should you have any queries regarding this meeting request please contact me as below Kind regards Ann Abbott Operations Coordinator Engineering Construction amp Maintenance Moreton Bay Regional Council Stage 3 220 Gympie Road Strathpine P 07 3480 6233 E annabbottmoretonbayqldgovau
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in this e-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are not a named recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legal privilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete all copies immediately and contact the sender to advise of the error It is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liability for loss or damage arising directly or indirectly from opening this email opening any attachments or any communication errors The views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 30 of 55
1
Anne Wood
Subject MBRC Location 1 William St Level 12 Room 1214
Shortly you will receive an email invite to enter 1 William st with instructions on what you will need to provide to
Concierge
I will meet your party in the foyer once you have signed in
Kind regards
Anne
Anne Wood AExecutive Assistant Planning and Development Services | Brisbane Department of State Development Manufacturing Infrastructure and Planning Level 13 1 William St Brisbane QLD 4000 p 07 3452 7115 | e annewooddilgpqldgovau
RTI1819-035-DSDMIP - Page 31 of 55
From Graeme BoltonTo Anthony MartiniCc Stewart Pentland Kerry Doss Megan BayntunSubject RE MBRC Planning Scheme Amendment Meeting 13062018Date Friday 22 June 2018 64200 PMAttachments image001png
Dear Tony Please accept my apologies for not being able to get back to you earlier today As indicated in mymessage I was unexpectedly tied up all afternoon in an emergent and urgent issue I have reviewed the provided table and support in principle the matters identified in column fourIn respect to the matters identified in column five I can understand and again support in theprinciple the need for additional changes However the extent of changes will need to satisfy thesignificantly different test This is something that the department and Minister cannot resolvefrom This may mean that the desired changes may need to be tempered with what can besupported at this point in time and further decisions made by the council in respect to the riskprofile and whether or not to proceed with particular elements In addition to the above we have examined a couple of mechanisms that may be open to theMinister in deciding the proposed amendment In short we are exploring (a) the ability to partrefuse and part approve subject to conditions or (b) to solely condition The key consideration isto ensure whatever recommendation is made to the Minister the eventual decision can withstandclose scrutiny In both options given the volume of changes we would be also recommending tothe Minister a closing condition that requires the council to submit the changed amendment forendorsement by the Chief Executive prior to adoption by the council Finally as discussed at our last meeting through the second state interest review the Departmentof Environment and Science (DES) identified concerns in relation to koala habitat and the WarnerInvestigation Area structure plan I have been chasing (and have not yet received) additionalinformation and mapping from DES in relation to this At this point in time we would be looking toinclude a condition addresses the protection of the remaining koala habitat I am hoping to getgreater clarity and certainty on this (in terms of scale and location) in the coming days I will give you a call on Monday to discuss Please do not hesitate to contact me in the interimshould you have questions or concerns Regards Graeme
Graeme BoltonExecutive Director Planning and Development ServicesPlanning GroupDepartment of State Development Manufacturing Infrastructure and Planning---------------------------------------------------------------------------------------------------------------------------------------------
P 07 3452 6741 MLevel 13 1 William Street Brisbane QLD 4000
RTI1819-035-DSDMIP - Page 32 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
Summary of Proposed Planning Scheme Amendment
MBRC policy end Current MBRC Planning Scheme
Advertised Proposed Planning Scheme
Amendment
Amended Proposed Planning Scheme
Amendment
Other necessary changes to achieve MBRC policy end
Substantial change
Warner growth area - o Enable conversion of existing
industryrural residential to transition to residential outcomes
o Conversion consistent with the SEQ Regional Plan identification of Warner for growth
Industry zone and rural residential surrounded by existing residential and main roads Preliminary approval (Variation) would involve - Impact assessment - Major non-compliance with the
assessment benchmarks
- Zone change to Emerging
Community - Overlay map - Structure
planned area - Level of assessment - Service Area - RAL Code
assessment No Service Area - RAL
Impact assessment
Changes - Delete reference to CIA - Delete reference to service area
non service area Result - No change to Overlay map -
Structure planned area - Level of Assessment - RAL
Code assessment
Strengthening of assessment benchmarks required in the Emerging Community Zone Code andor RAL Code - Emerging Community Zone to assist code assessment
No Maintain overlay map as advertised maintain Level of Assessment remove reference to CIA and remove reference to Service Area and Non-Service Area
Caboolture West growth area - (Area 1) - o Enable Area 1 to proceed to
development including residential and local centre
o Consistent with the SEQ Regional Planrsquos identification of Caboolture West as an expansion area
Preliminary approval (Variation) would involve - Impact assessment - Major non-compliance with the
assessment benchmarks without a Neighhourhood Development Plan for Area 1
- Area 1 - Overlay map -
Structure planned area - Level of assessment Service Area - RAL Code
assessment Non Service Area - RAL
Impact assessment
Changes - Delete reference to CIA - Delete reference to service area
non service area Result - No change to Overlay map -
Structure planned area - Level of assessment - RAL Code
assessment for SPA1
Strengthening of assessment benchmarks required in the Local Plan Zone Code andor RAL Code - Emerging Community Zone to assist code assessment
No Maintain overlay map as advertised maintain Level of Assessment remove reference to CIA remove reference to Service Area and Non-Service Area
Caboolture West growth area - (Balance of Caboolture West) - o Enable subsequent stages to
be structure planned and released through future scheme amendments
Preliminary approval (Variation) would involve - Impact assessment - Major non-compliance with the
assessment benchmarks without a Neighhourhood Development Plan for the relevant area
- Overlay map - Future Structure
plan area - Level of assessment - Impact assessment
Changes - Delete reference to CIA - Delete reference to service area
non service area Result - No change to Overlay map -
Future Structure plan area - Level of assessment - Impact
assessment
Revisit strategic framework to delete CIA and ensure strategic outcomes accurately reflect the future timing of these fronts
No Maintain overlay map as advertised remove reference to CIA Minor change to the strategic framework
Other growth areas to be structure planned and held subject to planning infrastructure requirements and financial obligations being determined o Morayfield o Burpengary east o Narangba east o Joyner
RAL application would involve - Code assessment - Major non-compliance with the
assessment benchmarks in the absence of integrated land use and infrastructure planning
MCU application would involve impact assessment
- Overlay Map - Future structure
planned area - Level of assessment - RAL
Impact assessment - Major non-compliance with the
assessment benchmarks in the absence of integrated land use and infrastructure planning including the strategic outcomes
Changes - Delete references to CIA in the
strategic framework - Delete references to service
area non service area Result - No change to Overlay map -
Future structure planned area
Revisit strategic framework to delete CIA and ensure strategic outcomes accurately reflect the future timing of these fronts
No Maintain overlay map as advertised maintain Level of Assessment and remove reference to CIA
MBRC policy end Current MBRC Planning
Scheme Advertised Proposed
Planning Scheme Amendment
Amended Proposed Planning Scheme
Amendment
Other necessary changes to achieve MBRC policy end
Substantial change
- No change to Level of assessment - RAL Impact assessment
Balance of Proposed Planning Scheme Amendment
Not applicable
Changes proposed (carports setbacks sheds etc)
No further changes to the proposed Planning Scheme Amendment as provided post consultation
Not applicable
Not applicable
PO Box 15009 City East QLD 4002wwwdsdmipqldgovau
From Stewart Pentland [mailtoStewartPentlandmoretonbayqldgovau] Sent Thursday 14 June 2018 1234 PMTo Kerry Doss ltKerryDossdsdmipqldgovaugt Graeme BoltonltGraemeBoltondsdmipqldgovaugt Megan Bayntun ltMeganBayntundsdmipqldgovaugtCc Anthony Martini ltAnthonyMartinimoretonbayqldgovaugtSubject MBRC Planning Scheme Amendment Meeting 13062018 Graeme Kerry and Megan Thank you for your time yesterday Tony and I found the meeting most useful As discussed and agreed in principle
1 Council would document a series of proposed changes to the existing Planning SchemeAmendment that responds to the States direction to remove reference to the CIA andassociated service area non-service area concepts (see attached)
2 Subject to an iterative process between the State and council this information would thenform the basis of a conditional approval of the current major scheme amendment amp
3 The existing amendment would then be finalised by way of a conditional approval consistentwith points 1 and 2 above ASAP
Please find attached a first draft table outlining what are considered to be the necessary changesto the current amendment We would welcome your thoughts on this so that we can continue todevelop its contents with you I note you indicated that for this approach to be utilised you would need to be comfortable thatthe type of changes proposed did not constitute a substantial change As a consequence we haveincluded a column (Substantial change) that includes our appraisal of each proposed change Againwe would welcome your thoughts on this matter also It would be good to progress this matter ASAP In doing so it would be appreciated if you couldadvise when you consider you may be able to provide a response to these initial draftrepresentations In the interim should you require anything further please let me know Regards Stewart PentlandDirectorPlanning and Economic DevelopmentMoreton Bay Regional Council2 Hasking Street Caboolture Qld 4510P 07 5433 2023M Email stewartpentlandmoretonbayqldgovauwwwmoretonbayqldgovau
RTI1819-035-DSDMIP - Page 33 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in this e-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are not anamed recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legalprivilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete all copiesimmediately and contact the sender to advise of the errorIt is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liability forloss or damage arising directly or indirectly from opening this email opening any attachments or any communication errorsThe views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 34 of 55
Summary of Proposed Planning Scheme Amendment
MBRC policy end Current MBRC Planning Scheme
Advertised Proposed Planning Scheme
Amendment
Amended Proposed Planning Scheme
Amendment
Other necessary changes to achieve MBRC policy end
Substantial change
Warner growth area - o Enable conversion of existing
industryrural residential to transition to residential outcomes
o Conversion consistent with the SEQ Regional Plan identification of Warner for growth
Industry zone and rural residential surrounded by existing residential and main roads Preliminary approval (Variation) would involve - Impact assessment - Major non-compliance with the
assessment benchmarks
- Zone change to Emerging
Community - Overlay map - Structure
planned area - Level of assessment - Service Area - RAL Code
assessment No Service Area - RAL
Impact assessment
Changes - Delete reference to CIA - Delete reference to service area
non service area Result - No change to Overlay map -
Structure planned area - Level of Assessment - RAL
Code assessment
Strengthening of assessment benchmarks required in the Emerging Community Zone Code andor RAL Code - Emerging Community Zone to assist code assessment
No Maintain overlay map as advertised maintain Level of Assessment remove reference to CIA and remove reference to Service Area and Non-Service Area
Caboolture West growth area - (Area 1) - o Enable Area 1 to proceed to
development including residential and local centre
o Consistent with the SEQ Regional Planrsquos identification of Caboolture West as an expansion area
Preliminary approval (Variation) would involve - Impact assessment - Major non-compliance with the
assessment benchmarks without a Neighhourhood Development Plan for Area 1
- Area 1 - Overlay map -
Structure planned area - Level of assessment Service Area - RAL Code
assessment Non Service Area - RAL
Impact assessment
Changes - Delete reference to CIA - Delete reference to service area
non service area Result - No change to Overlay map -
Structure planned area - Level of assessment - RAL Code
assessment for SPA1
Strengthening of assessment benchmarks required in the Local Plan Zone Code andor RAL Code - Emerging Community Zone to assist code assessment
No Maintain overlay map as advertised maintain Level of Assessment remove reference to CIA remove reference to Service Area and Non-Service Area
Caboolture West growth area - (Balance of Caboolture West) - o Enable subsequent stages to
be structure planned and released through future scheme amendments
Preliminary approval (Variation) would involve - Impact assessment - Major non-compliance with the
assessment benchmarks without a Neighhourhood Development Plan for the relevant area
- Overlay map - Future Structure
plan area - Level of assessment - Impact assessment
Changes - Delete reference to CIA - Delete reference to service area
non service area Result - No change to Overlay map -
Future Structure plan area - Level of assessment - Impact
assessment
Revisit strategic framework to delete CIA and ensure strategic outcomes accurately reflect the future timing of these fronts
No Maintain overlay map as advertised remove reference to CIA Minor change to the strategic framework
Other growth areas to be structure planned and held subject to planning infrastructure requirements and financial obligations being determined o Morayfield o Burpengary east o Narangba east o Joyner
RAL application would involve - Code assessment - Major non-compliance with the
assessment benchmarks in the absence of integrated land use and infrastructure planning
MCU application would involve impact assessment
- Overlay Map - Future structure
planned area - Level of assessment - RAL
Impact assessment - Major non-compliance with the
assessment benchmarks in the absence of integrated land use and infrastructure planning including the strategic outcomes
Changes - Delete references to CIA in the
strategic framework - Delete references to service
area non service area Result - No change to Overlay map -
Future structure planned area
Revisit strategic framework to delete CIA and ensure strategic outcomes accurately reflect the future timing of these fronts
No Maintain overlay map as advertised maintain Level of Assessment and remove reference to CIA
RTI1819-035-DSDMIP - Page 35 of 55
MBRC policy end Current MBRC Planning
Scheme Advertised Proposed
Planning Scheme Amendment
Amended Proposed Planning Scheme
Amendment
Other necessary changes to achieve MBRC policy end
Substantial change
- No change to Level of assessment - RAL Impact assessment
Balance of Proposed Planning Scheme Amendment
Not applicable
Changes proposed (carports setbacks sheds etc)
No further changes to the proposed Planning Scheme Amendment as provided post consultation
Not applicable
Not applicable
RTI1819-035-DSDMIP - Page 36 of 55
From Graeme BoltonTo Stewart Pentland Kerry Doss Megan BayntunCc Anthony MartiniSubject RE MBRC Planning Scheme Amendment Meeting 13062018Date Monday 18 June 2018 82200 AMAttachments image001png
image002jpg
Hi Stewart Thank you for providing the attached table and below information As per Kerryrsquos email we willreview and respond as soon as possible Regards Graeme
Graeme BoltonExecutive Director Planning and Development ServicesPlanning GroupDepartment of State Development Manufacturing Infrastructure and Planning---------------------------------------------------------------------------------------------------------------------------------------------
P 07 3452 6741 MLevel 13 1 William Street Brisbane QLD 4000PO Box 15009 City East QLD 4002wwwdsdmipqldgovau
From Stewart Pentland [mailtoStewartPentlandmoretonbayqldgovau] Sent Thursday 14 June 2018 1234 PMTo Kerry Doss ltKerryDossdsdmipqldgovaugt Graeme BoltonltGraemeBoltondsdmipqldgovaugt Megan Bayntun ltMeganBayntundsdmipqldgovaugtCc Anthony Martini ltAnthonyMartinimoretonbayqldgovaugtSubject MBRC Planning Scheme Amendment Meeting 13062018 Graeme Kerry and Megan Thank you for your time yesterday Tony and I found the meeting most useful As discussed and agreed in principle
1 Council would document a series of proposed changes to the existing Planning SchemeAmendment that responds to the States direction to remove reference to the CIA andassociated service area non-service area concepts (see attached)
2 Subject to an iterative process between the State and council this information would thenform the basis of a conditional approval of the current major scheme amendment amp
3 The existing amendment would then be finalised by way of a conditional approval consistentwith points 1 and 2 above ASAP
RTI1819-035-DSDMIP - Page 37 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
Please find attached a first draft table outlining what are considered to be the necessary changesto the current amendment We would welcome your thoughts on this so that we can continue todevelop its contents with you I note you indicated that for this approach to be utilised you would need to be comfortable thatthe type of changes proposed did not constitute a substantial change As a consequence we haveincluded a column (Substantial change) that includes our appraisal of each proposed change Againwe would welcome your thoughts on this matter also It would be good to progress this matter ASAP In doing so it would be appreciated if you couldadvise when you consider you may be able to provide a response to these initial draftrepresentations In the interim should you require anything further please let me know Regards Stewart PentlandDirectorPlanning and Economic DevelopmentMoreton Bay Regional Council2 Hasking Street Caboolture Qld 4510P 07 5433 2023M Email stewartpentlandmoretonbayqldgovauwwwmoretonbayqldgovau CCR3_email_signhr
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in this e-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are not anamed recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legalprivilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete all copiesimmediately and contact the sender to advise of the errorIt is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liability forloss or damage arising directly or indirectly from opening this email opening any attachments or any communication errorsThe views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 38 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
From Graeme BoltonTo Anthony MartiniCc Ann Abbott Stewart Pentland Kerry DossSubject RE Moreton Bay Regional Council - Amendment to Planning Scheme ProgressDate Tuesday 10 July 2018 65800 PMAttachments image001png
Good afternoon Tony Thank you for your email below I do apologise for not being able to take your call I was in ameeting and then subsequently on a teleconference when you phoned As discussed last week we met with DTMR officers who agreed to provide us with additionalinformation by tomorrow We greatly appreciate the councilrsquos willingness to work with the department to find a wayforward However given the complexity of the amendments it is not as easy as you portray tohave ldquoremoved the CIA and the servicenon service area referencesrdquo All we have at this point intime is a high level table with expressed intent To give effect to this intent involves significantchanges to the proposed amendment and carries a very high risk of unintended consequencesfor the operation of the planning scheme and potential lawfulness of the amendment I amextremely concerned about agreeing to something now only to find out after the Minister hasconditionally approved the amendment that the expressed intent cannot be delivered We are endeavouring to find a solution I will advise further once we have received theadditional information from DTMR Regards Graeme
Graeme BoltonExecutive Director Planning and Development ServicesPlanning GroupDepartment of State Development Manufacturing Infrastructure and Planning--------------------------------------------------------------- ---------------------------
P 07 3452 6741 MLevel 13 1 William Street Brisbane QLD 4000PO Box 15009 City East QLD 4002wwwdsdmipqldgovau
From Anthony Martini [mailtoAnthonyMartinimoretonbayqldgovau] Sent Tuesday 10 July 2018 108 PMTo Graeme Bolton ltGraemeBoltondsdmipqldgovaugtCc Ann Abbott ltAnnAbbottmoretonbayqldgovaugt Stewart PentlandltStewartPentlandmoretonbayqldgovaugt Kerry Doss ltKerryDossdsdmipqldgovaugtSubject Moreton Bay Regional Council - Amendment to Planning Scheme Progress
RTI1819-035-DSDMIP - Page 39 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
Hi Graeme Appreciate that you are busy however I have endeavoured to make contact with you over thepast few days for the purposes of understanding where we are at with regards to receiving apartial or full draft condition set to the amendment to the planning scheme It is nearly 4 weeks since we first met at which meeting MBRC offered to remove the CIA andservice areas non service areas from the amendment and provided shortly thereafter a tablesummary of these changes for further discussion and guidance for the State and MBRC to workthrough You have advised that these changes are agreed in principle You have also advised that thechanges need to be worked through I am in a position where I need some information from you as to what is occurring and when toprovide to the CEO and Mayor From MBRCrsquos perspective we have undertaken all that has beenasked of MBRC - removed the CIA and the servicenon service area references Is there anythingelse which MBRC needs to consider I await your advice Thanks Tony
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in thise-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are nota named recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legalprivilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete allcopies immediately and contact the sender to advise of the errorIt is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liabilityfor loss or damage arising directly or indirectly from opening this email opening any attachments or any communication errorsThe views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 40 of 55
From Graeme BoltonTo Anthony MartiniCc Stewart Pentland Kerry Doss Garth NolanSubject RE Update on draft conditionsDate Thursday 5 July 2018 30400 PMAttachments image001png
image002png
Hi Tony I appreciate your concerns and we are progressing this as fast as possible As you can alsohopefully appreciate the amendment in its own right is a very large and complex document Thechanges being proposed are not unsubstantial and have multiple unintended consequencesmany of which have the potential to adversely affect matters of state interest As such we aretrying to resolve these to an acceptable level (for the state) before sharing these with you I will forward these to you as soon as possible Regards Graeme
Graeme BoltonExecutive Director Planning and Development ServicesPlanning GroupDepartment of State Development Manufacturing Infrastructure and Planning---------------------------------------------------------------------------------------------------------------------------------------------
P 07 3452 6741 MLevel 13 1 William Street Brisbane QLD 4000PO Box 15009 City East QLD 4002wwwdsdmipqldgovau
From Anthony Martini [mailtoAnthonyMartinimoretonbayqldgovau] Sent Tuesday 3 July 2018 543 PMTo Graeme Bolton ltGraemeBoltondsdmipqldgovaugtCc Stewart Pentland ltStewartPentlandmoretonbayqldgovaugt Kerry DossltKerryDossdsdmipqldgovaugt Garth Nolan ltGarthNolandsdmipqldgovaugtSubject RE Update on draft conditions Hi Graeme Thank you for the update It would be good to catch up sooner rather than later as it is fast approaching 3 weeks since ourinitial meeting I can advise that the Mayor sought advice from me as to where the amendmentwas at - as I had advised him 10 days ago that a draft set was to be available with a day or so As discussed our preference is to collaboratively work on the content of the draft conditions Itwould be appreciated if you could send through the balance of the approval and conditions now
RTI1819-035-DSDMIP - Page 41 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
this will enable us to get the process moving Thanks Tony
From Graeme Bolton [mailtoGraemeBoltondsdmipqldgovau] Sent Tuesday 3 July 2018 307 PMTo Anthony Martini ltAnthonyMartinimoretonbayqldgovaugtCc Stewart Pentland ltStewartPentlandmoretonbayqldgovaugt Kerry DossltKerryDossdsdmipqldgovaugt Garth Nolan ltGarthNolandsdmipqldgovaugtSubject Update on draft conditions Hi Tony As previously advised I met with senior officers from DTMR today to discuss some concernstheyrsquove raised in respect to conditioning the proposed amendment I believe we have a wayforward and DTMR are working on a couple of options as a matter of priority I am expecting tohave something back from DTMR mid next week We will continue to work closely with them totry and get something out sooner As previously discussed we will share the draft conditions once we are satisfied with them Wewould be happy to work with you to ensure they are workable from councilrsquos perspective Regards Graeme
Graeme BoltonExecutive Director Planning and Development ServicesPlanning GroupDepartment of State Development Manufacturing Infrastructure and Planning---------------------------------------------------------------- -------------------------------
P 07 3452 6741 MLevel 13 1 William Street Brisbane QLD 4000PO Box 15009 City East QLD 4002wwwdsdmipqldgovau
This email and any attachments may contain confidential or privileged information and may be protected by copyright Youmust not use or disclose them other than for the purposes for which they were supplied The confidentiality and privilegeattached to this message and attachment is not waived by reason of mistaken delivery to you If you are not the intendedrecipient you must not use disclose retain forward or reproduce this message or any attachments If you receive thismessage in error please notify the sender by return email or telephone and destroy and delete all copies The Departmentdoes not accept any responsibility for any loss or damage that may result from reliance on or use of any informationcontained in this email andor attachments
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in this
e-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are not
RTI1819-035-DSDMIP - Page 42 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
a named recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legal
privilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete all
copies immediately and contact the sender to advise of the error
It is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liability
for loss or damage arising directly or indirectly from opening this email opening any attachments or any communication errors
The views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
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Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
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1
Anne Wood
From Kerry DossSent Friday 27 July 2018 551 PMTo Anthony MartiniCc Graeme BoltonSubject RE Contact detailsAttachments DDG letter to Anthony Martinipdf
Hi Anthony Letter as requested Please feel free to call should you require any clarification regards
Kerry Doss Deputy Director‐General Planning Group Department of State Development Manufacturing Infrastructure and Planning ---------------------------------------------------------------------------------------------------------------------------------------------
P 07 3452 7909 ME kerrydossdsdmipqldgovau Level 13 1 William Street Brisbane QLD 4000 PO Box 15009 City East QLD 4002 wwwdsdmipqldgovau
From Anthony Martini ltAnthonyMartinimoretonbayqldgovaugt Sent Friday 27 July 2018 516 PM To Kerry Doss ltKerryDossdsdmipqldgovaugt Graeme Bolton ltGraemeBoltondsdmipqldgovaugt Subject Contact details Hi folks Look forward to receiving your letter As advised we briefed the Council yesterday following our meeting The Council is expecting a further briefing next Tuesday Thanks Tony ME Anthonymartinimoretonbayqldgovau
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in this e-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are not a named recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legal privilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete all copies immediately and contact the sender to advise of the error It is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liability for loss or damage arising directly or indirectly from opening this email opening any attachments or any communication errors The views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 13 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
Our ref OUT185247
27 July 2018 Mr Anthony Martini Deputy CEO Director Engineering Construction and Maintenance Moreton Bay Regional Council PO Box 159 CABOOLTURE QLD 4510 Dear Anthony I refer to the 26 July 2018 meeting between yourself Mr Stewart Pentland Mr Graeme Bolton and myself to discuss the proposed Major Amendment 2 (the proposed amendment) to the Moreton Bay Regional Council (the council) planning scheme As you are aware the department has assessed the proposed amendment and cannot support a recommendation to approve the proposed amendment due to the proposed Coordinating Infrastructure Agreement associated provisions (the CIA) and outstanding matters of state interest It was agreed that the Department of State Development Manufacturing Infrastructure and Planning (the department) would consider if it could support approving the proposed amendment subject to conditions to enable the minor elements not associated with structure planning and the CIA to proceed It was understood that these minor elements related to provisions such as development code requirements (eg setback provisions for carports) various overlay maps (eg the walking distance map) and codes and various minor provisions (eg animal husbandry) In particular it was understood that this did not include elements relating to the CIA including structure planned areas which are contingent on the CIA provisions Notwithstanding this understanding the department agreed that it would consider a broader range of changes as proposed in Mr Pentlandrsquos email of 14 June 2018 As discussed at our 26 July 2018 meeting the department has undertaken investigations and has concluded it cannot support a recommendation to approve the proposed amendment subject to conditions This is based on matters of state interest relating to transport infrastructure biodiversity values and the consideration of the significantly different test
RTI1819-035-DSDMIP - Page 14 of 55
Page 2 of 2
As discussed there a number of options available to the council 1 The council formally resolves and withdraws the proposed amendment and
commences a new amendment process As discussed the department would be highly supportive of utilising section 18 of the Planning Act 2016 to create a tailored amendment process (that does not require further public consultation) for the minor elements and a second tailored process (potentially requiring further public consultation) for the structure planning elements of the proposed amendment
OR 2 The council formally places the amendment process on hold and resubmits a
revised version of the proposed amendment Please note that should the council choose this option it will need to satisfy itself that the changes made do not result in a significantly different version of the proposed amendment than the version that underwent public consultation Please be advised that the Planning Minister in addition to the council will also need to be satisfied that the changes made do not result in a significantly different version of the proposed amendment then that which underwent public consultation The department is of the view (noting that it has not seen any possible changes) that it is highly likely that any changes made in respect to removing the CIA from the proposed amendment will be likely to result in a significantly different version
OR 3 The Planning Minister considers and decides the proposed amendment in its
current form
As discussed in respect to options 1 and 2 above the department is strongly supportive of coordinating the input of the Department of Transport and Main Roads and the Department of Environment and Science to resolve the outstanding matters of state interest It would be greatly appreciated if the council could formally advise the department of its preferred option by close of business on Friday 10 August 2018 If no advice has been received by this date the department will progress the proposed amendment for the Planning Ministerrsquos considers and decision in its current form If you require any further information please contact Mr Graeme Bolton Executive Director Planning Group Department of State Development Manufacturing Infrastructure and Planning on (07) 3452 6741 or Graemeboltondsdmipqldgovau who will be pleased to assist Yours sincerely
Kerry Doss Deputy Director-General
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1
Anne Wood
From Kerry DossSent Saturday 16 June 2018 1034 AMTo Stewart Pentland Graeme Bolton Megan BayntunCc Anthony MartiniSubject Re MBRC Planning Scheme Amendment Meeting 13062018
Thanks Stuart We will consider and come back to you Regards Kerry Doss Kerry Doss Deputy Director‐General Planning Group Department of State Development Manufacturing Infrastructure amp Planning P 07 3452 7909 ME kerry dossdsdmip qldgovau
From Stewart Pentland ltStewartPentlandmoretonbayqldgovaugt Sent Thursday June 14 2018 123348 PM To Kerry Doss Graeme Bolton Megan Bayntun Cc Anthony Martini Subject MBRC Planning Scheme Amendment Meeting 13062018 Graeme Kerry and Megan Thank you for your time yesterday Tony and I found the meeting most useful As discussed and agreed in principle
1 Council would document a series of proposed changes to the existing Planning Scheme Amendment that responds to the States direction to remove reference to the CIA and associated service area non‐service area concepts (see attached)
2 Subject to an iterative process between the State and council this information would then form the basis of a conditional approval of the current major scheme amendment amp
3 The existing amendment would then be finalised by way of a conditional approval consistent with points 1 and 2 above ASAP
Please find attached a first draft table outlining what are considered to be the necessary changes to the current amendment We would welcome your thoughts on this so that we can continue to develop its contents with you I note you indicated that for this approach to be utilised you would need to be comfortable that the type of changes proposed did not constitute a substantial change As a consequence we have included a column (Substantial change) that includes our appraisal of each proposed change Again we would welcome your thoughts on this matter also It would be good to progress this matter ASAP In doing so it would be appreciated if you could advise when you consider you may be able to provide a response to these initial draft representations In the interim should you require anything further please let me know
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2
Regards Stewart Pentland Director Planning and Economic Development Moreton Bay Regional Council 2 Hasking Street Caboolture Qld 4510 P 07 5433 2023 MEmail stewartpentlandmoretonbayqldgovau wwwmoretonbayqldgovau
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in this e-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are not a named recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legal privilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete all copies immediately and contact the sender to advise of the error It is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liability for loss or damage arising directly or indirectly from opening this email opening any attachments or any communication errors The views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 17 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
1
Anne Wood
From Stewart Pentland ltStewartPentlandmoretonbayqldgovaugtSent Tuesday 10 July 2018 839 PMTo Graeme BoltonCc Anthony Martini Ann Abbott Kerry DossSubject Re Moreton Bay Regional Council - Amendment to Planning Scheme Progress
Graeme I am concerned your response is straying from what council understood to be our agreement It is important from Councils perspective that the conditions are developed collaboratively Once agreement has been achieved on the conditions content they would then be finalised This was our agreement as we understood it Beyond this it is Councils responsibility to then amend its own scheme and then collaborate with the state on the proposed changes that respond to your conditions As previously discussed and agreed this would occur through a tracked change version of the scheme that we would iterate with you until agreement had been achieved Our appraisal is that those sections of the scheme included in the lsquohigh level tablersquo will be those sections of the scheme that require amendment If the above is no longer the agreement please confirm ASAP Regards Stewart
Sent from SWP iPhone On 10 Jul 2018 at 658 pm Graeme Bolton ltGraemeBoltondsdmipqldgovaugt wrote
Good afternoon Tony Thank you for your email below I do apologise for not being able to take your call I was in a meeting and then subsequently on a teleconference when you phoned As discussed last week we met with DTMR officers who agreed to provide us with additional information by tomorrow We greatly appreciate the councilrsquos willingness to work with the department to find a way forward However given the complexity of the amendments it is not as easy as you portray to have ldquoremoved the CIA and the servicenon service area referencesrdquo All we have at this point in time is a high level table with expressed intent To give effect to this intent involves significant changes to the proposed amendment and carries a very high risk of unintended consequences for the operation of the planning scheme and potential lawfulness of the amendment I am extremely concerned about agreeing to something now only to find out after the Minister has conditionally approved the amendment that the expressed intent cannot be delivered We are endeavouring to find a solution I will advise further once we have received the additional information from DTMR Regards Graeme
RTI1819-035-DSDMIP - Page 18 of 55
2
ltimage001pnggt Graeme Bolton Executive Director Planning and Development Services Planning Group Department of State Development Manufacturing Infrastructure and Planning --------------------------------------------------------------------------------------------------------------------------------------------- P 07 3452 6741 MLevel 13 1 William Street Brisbane QLD 4000 PO Box 15009 City East QLD 4002 wwwdsdmipqldgovau
From Anthony Martini [mailtoAnthonyMartinimoretonbayqldgovau] Sent Tuesday 10 July 2018 108 PM To Graeme Bolton ltGraemeBoltondsdmipqldgovaugt Cc Ann Abbott ltAnnAbbottmoretonbayqldgovaugt Stewart Pentland ltStewartPentlandmoretonbayqldgovaugt Kerry Doss ltKerryDossdsdmipqldgovaugt Subject Moreton Bay Regional Council ‐ Amendment to Planning Scheme Progress Hi Graeme Appreciate that you are busy however I have endeavoured to make contact with you over the past few days for the purposes of understanding where we are at with regards to receiving a partial or full draft condition set to the amendment to the planning scheme It is nearly 4 weeks since we first met at which meeting MBRC offered to remove the CIA and service areas non service areas from the amendment and provided shortly thereafter a table summary of these changes for further discussion and guidance for the State and MBRC to work through You have advised that these changes are agreed in principle You have also advised that the changes need to be worked through I am in a position where I need some information from you as to what is occurring and when to provide to the CEO and Mayor From MBRCrsquos perspective we have undertaken all that has been asked of MBRC ‐ removed the CIA and the servicenon service area references Is there anything else which MBRC needs to consider I await your advice Thanks Tony
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in this e-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are not a named recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legal privilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete all copies immediately and contact the sender to advise of the error It is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liability for loss or damage arising directly or indirectly from opening this email opening any attachments or any communication errors The views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 19 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in this e-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are not a named recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legal privilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete all copies immediately and contact the sender to advise of the error It is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liability for loss or damage arising directly or indirectly from opening this email opening any attachments or any communication errors The views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 20 of 55
1
Anne Wood
From Anthony Martini ltAnthonyMartinimoretonbayqldgovaugtSent Tuesday 3 July 2018 543 PMTo Graeme BoltonCc Stewart Pentland Kerry Doss Garth NolanSubject RE Update on draft conditions
Hi Graeme
Thank you for the update
It would be good to catch up sooner rather than later as it is fast approaching 3 weeks since our initial meeting I
can advise that the Mayor sought advice from me as to where the amendment was at ‐ as I had advised him 10 days
ago that a draft set was to be available with a day or so
As discussed our preference is to collaboratively work on the content of the draft conditions It would be
appreciated if you could send through the balance of the approval and conditions now this will enable us to get the
process moving
Thanks
Tony
From Graeme Bolton [mailtoGraemeBoltondsdmipqldgovau] Sent Tuesday 3 July 2018 307 PM To Anthony Martini ltAnthonyMartinimoretonbayqldgovaugt Cc Stewart Pentland ltStewartPentlandmoretonbayqldgovaugt Kerry Doss ltKerryDossdsdmipqldgovaugt Garth Nolan ltGarthNolandsdmipqldgovaugt Subject Update on draft conditions
Hi Tony
As previously advised I met with senior officers from DTMR today to discuss some concerns theyrsquove raised in
respect to conditioning the proposed amendment I believe we have a way forward and DTMR are working on a
couple of options as a matter of priority I am expecting to have something back from DTMR mid next week We will
continue to work closely with them to try and get something out sooner
As previously discussed we will share the draft conditions once we are satisfied with them We would be happy to
work with you to ensure they are workable from councilrsquos perspective Regards Graeme
RTI1819-035-DSDMIP - Page 21 of 55
2
Graeme Bolton Executive Director Planning and Development Services Planning Group Department of State Development Manufacturing Infrastructure and Planning ---------------------------------------------------------------------------------------------------------------------------------------------
P 07 3452 6741 MLevel 13 1 William Street Brisbane QLD 4000 PO Box 15009 City East QLD 4002 wwwdsdmipqldgovau
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in this e-mail and any
attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are not a named recipient any use of this
information including copying distribution and publication is prohibited Confidentiality and legal privilege are not waived or lost as a result of mistaken or
erroneous delivery If you are not a named recipient please delete all copies immediately and contact the sender to advise of the error
It is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liability for loss or damage
arising directly or indirectly from opening this email opening any attachments or any communication errors
The views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 22 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
From Anthony MartiniTo Graeme BoltonCc Stewart Pentland Kerry Doss Megan BayntunSubject RE MBRC Planning Scheme Amendment Meeting 13062018Date Monday 25 June 2018 80656 AMAttachments image002png
Hi Graeme As per texts over the weekend - Stewart and I will see you from 1030am this morning Thanks Tony
From Graeme Bolton [mailtoGraemeBoltondsdmipqldgovau] Sent Friday 22 June 2018 643 PMTo Anthony Martini ltAnthonyMartinimoretonbayqldgovaugtCc Stewart Pentland ltStewartPentlandmoretonbayqldgovaugt Kerry DossltKerryDossdsdmipqldgovaugt Megan Bayntun ltMeganBayntundsdmipqldgovaugtSubject RE MBRC Planning Scheme Amendment Meeting 13062018 Dear Tony Please accept my apologies for not being able to get back to you earlier today As indicated in mymessage I was unexpectedly tied up all afternoon in an emergent and urgent issue I have reviewed the provided table and support in principle the matters identified in column fourIn respect to the matters identified in column five I can understand and again support in theprinciple the need for additional changes However the extent of changes will need to satisfy thesignificantly different test This is something that the department and Minister cannot resolvefrom This may mean that the desired changes may need to be tempered with what can besupported at this point in time and further decisions made by the council in respect to the riskprofile and whether or not to proceed with particular elements In addition to the above we have examined a couple of mechanisms that may be open to theMinister in deciding the proposed amendment In short we are exploring (a) the ability to partrefuse and part approve subject to conditions or (b) to solely condition The key consideration isto ensure whatever recommendation is made to the Minister the eventual decision can withstandclose scrutiny In both options given the volume of changes we would be also recommending tothe Minister a closing condition that requires the council to submit the changed amendment forendorsement by the Chief Executive prior to adoption by the council Finally as discussed at our last meeting through the second state interest review the Departmentof Environment and Science (DES) identified concerns in relation to koala habitat and the WarnerInvestigation Area structure plan I have been chasing (and have not yet received) additionalinformation and mapping from DES in relation to this At this point in time we would be looking toinclude a condition addresses the protection of the remaining koala habitat I am hoping to getgreater clarity and certainty on this (in terms of scale and location) in the coming days
RTI1819-035-DSDMIP - Page 23 of 55
I will give you a call on Monday to discuss Please do not hesitate to contact me in the interimshould you have questions or concerns Regards Graeme
Graeme BoltonExecutive Director Planning and Development ServicesPlanning GroupDepartment of State Development Manufacturing Infrastructure and Planning---------------------------------------------------------------------------------------------------------------------------------------------
P 07 3452 6741 MLevel 13 1 William Street Brisbane QLD 4000PO Box 15009 City East QLD 4002wwwdsdmipqldgovau
From Stewart Pentland [mailtoStewartPentlandmoretonbayqldgovau] Sent Thursday 14 June 2018 1234 PMTo Kerry Doss ltKerryDossdsdmipqldgovaugt Graeme BoltonltGraemeBoltondsdmipqldgovaugt Megan Bayntun ltMeganBayntundsdmipqldgovaugtCc Anthony Martini ltAnthonyMartinimoretonbayqldgovaugtSubject MBRC Planning Scheme Amendment Meeting 13062018 Graeme Kerry and Megan Thank you for your time yesterday Tony and I found the meeting most useful As discussed and agreed in principle
1 Council would document a series of proposed changes to the existing Planning SchemeAmendment that responds to the States direction to remove reference to the CIA andassociated service area non-service area concepts (see attached)
2 Subject to an iterative process between the State and council this information would thenform the basis of a conditional approval of the current major scheme amendment amp
3 The existing amendment would then be finalised by way of a conditional approval consistentwith points 1 and 2 above ASAP
Please find attached a first draft table outlining what are considered to be the necessary changesto the current amendment We would welcome your thoughts on this so that we can continue todevelop its contents with you I note you indicated that for this approach to be utilised you would need to be comfortable thatthe type of changes proposed did not constitute a substantial change As a consequence we haveincluded a column (Substantial change) that includes our appraisal of each proposed change Againwe would welcome your thoughts on this matter also
RTI1819-035-DSDMIP - Page 24 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
It would be good to progress this matter ASAP In doing so it would be appreciated if you couldadvise when you consider you may be able to provide a response to these initial draftrepresentations In the interim should you require anything further please let me know Regards Stewart PentlandDirectorPlanning and Economic DevelopmentMoreton Bay Regional Council2 Hasking Street Caboolture Qld 4510P 07 5433 2023MEmail stewartpentlandmoretonbayqldgovauwwwmoretonbayqldgovau
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in this e-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are not anamed recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legalprivilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete all copiesimmediately and contact the sender to advise of the errorIt is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liability forloss or damage arising directly or indirectly from opening this email opening any attachments or any communication errorsThe views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
This email and any attachments may contain confidential or privileged information and may be protected by copyright Youmust not use or disclose them other than for the purposes for which they were supplied The confidentiality and privilegeattached to this message and attachment is not waived by reason of mistaken delivery to you If you are not the intendedrecipient you must not use disclose retain forward or reproduce this message or any attachments If you receive this messagein error please notify the sender by return email or telephone and destroy and delete all copies The Department does notaccept any responsibility for any loss or damage that may result from reliance on or use of any information contained in thisemail andor attachments
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in this e-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are not anamed recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legalprivilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete all copiesimmediately and contact the sender to advise of the errorIt is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liability forloss or damage arising directly or indirectly from opening this email opening any attachments or any communication errorsThe views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 25 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
From Anthony MartiniTo Graeme BoltonCc Ann Abbott Stewart Pentland Kerry DossSubject RE Moreton Bay Regional Council - Amendment to Planning Scheme ProgressDate Wednesday 11 July 2018 114220 AMAttachments image002png
Thank you for your e-mail Graeme I look forward to your further advices re this matter My reference to timing was based upon advice provided 2 weeks ago at a meeting betweenMBRC and the State that MBRC was to receive a draft condition set the following day Thanks Tony
From Graeme Bolton [mailtoGraemeBoltondsdmipqldgovau] Sent Tuesday 10 July 2018 658 PMTo Anthony Martini ltAnthonyMartinimoretonbayqldgovaugtCc Ann Abbott ltAnnAbbottmoretonbayqldgovaugt Stewart PentlandltStewartPentlandmoretonbayqldgovaugt Kerry Doss ltKerryDossdsdmipqldgovaugtSubject RE Moreton Bay Regional Council - Amendment to Planning Scheme Progress Good afternoon Tony Thank you for your email below I do apologise for not being able to take your call I was in ameeting and then subsequently on a teleconference when you phoned As discussed last week we met with DTMR officers who agreed to provide us with additionalinformation by tomorrow We greatly appreciate the councilrsquos willingness to work with the department to find a wayforward However given the complexity of the amendments it is not as easy as you portray tohave ldquoremoved the CIA and the servicenon service area referencesrdquo All we have at this point intime is a high level table with expressed intent To give effect to this intent involves significantchanges to the proposed amendment and carries a very high risk of unintended consequencesfor the operation of the planning scheme and potential lawfulness of the amendment I amextremely concerned about agreeing to something now only to find out after the Minister hasconditionally approved the amendment that the expressed intent cannot be delivered We are endeavouring to find a solution I will advise further once we have received theadditional information from DTMR Regards Graeme
RTI1819-035-DSDMIP - Page 26 of 55
Graeme BoltonExecutive Director Planning and Development ServicesPlanning GroupDepartment of State Development Manufacturing Infrastructure and Planning---------------------------------------------------------------------------------------------------------------------------------------------
P 07 3452 6741 MLevel 13 1 William Street Brisbane QLD 4000PO Box 15009 City East QLD 4002wwwdsdmipqldgovau
From Anthony Martini [mailtoAnthonyMartinimoretonbayqldgovau] Sent Tuesday 10 July 2018 108 PMTo Graeme Bolton ltGraemeBoltondsdmipqldgovaugtCc Ann Abbott ltAnnAbbottmoretonbayqldgovaugt Stewart PentlandltStewartPentlandmoretonbayqldgovaugt Kerry Doss ltKerryDossdsdmipqldgovaugtSubject Moreton Bay Regional Council - Amendment to Planning Scheme Progress Hi Graeme Appreciate that you are busy however I have endeavoured to make contact with you over thepast few days for the purposes of understanding where we are at with regards to receiving apartial or full draft condition set to the amendment to the planning scheme It is nearly 4 weeks since we first met at which meeting MBRC offered to remove the CIA andservice areas non service areas from the amendment and provided shortly thereafter a tablesummary of these changes for further discussion and guidance for the State and MBRC to workthrough You have advised that these changes are agreed in principle You have also advised that thechanges need to be worked through I am in a position where I need some information from you as to what is occurring and when toprovide to the CEO and Mayor From MBRCrsquos perspective we have undertaken all that has beenasked of MBRC - removed the CIA and the servicenon service area references Is there anythingelse which MBRC needs to consider I await your advice Thanks Tony
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in thise-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are not
RTI1819-035-DSDMIP - Page 27 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
a named recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legalprivilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete allcopies immediately and contact the sender to advise of the errorIt is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liabilityfor loss or damage arising directly or indirectly from opening this email opening any attachments or any communication errorsThe views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
This email and any attachments may contain confidential or privileged information and may be protected by copyright Youmust not use or disclose them other than for the purposes for which they were supplied The confidentiality and privilegeattached to this message and attachment is not waived by reason of mistaken delivery to you If you are not the intendedrecipient you must not use disclose retain forward or reproduce this message or any attachments If you receive thismessage in error please notify the sender by return email or telephone and destroy and delete all copies The Departmentdoes not accept any responsibility for any loss or damage that may result from reliance on or use of any informationcontained in this email andor attachments
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in thise-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are nota named recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legalprivilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete allcopies immediately and contact the sender to advise of the errorIt is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liabilityfor loss or damage arising directly or indirectly from opening this email opening any attachments or any communication errorsThe views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 28 of 55
1
Anne Wood
Subject Discussion regarding DILGPs position and proposed changes to MBRC - Major Amendment 2Location ltlt1 William Street (1WS) - 36 Floor - Meet 3614gtgt
Organizer Cindy WaltonRequired AttendeesCindy Walton Barbara Ryan Christine ONeill kateislesmoretonbayqldgovau
stewartpentlandmoretonbayqldgovau Graeme Bolton Tess PickeringOptional AttendeesBen Caldwell Ian Wright
Booking Confirmation Your room booking has been accepted with the following booking confirmation details below Building 1 William Street (1WS) Floor 36 Room Meet 3614 Room Setup Meeting Room Info Number Attending 12 Date 12 May 2017 From 1100AM To 1230PM Booked By Cindy Walton Host Cindy Walton Booking ID148766 To Join the meeting please dial sip+61730272906qgaaadqldgovau Notes Recurrence Dates Note 1 If you have booked conferencing resources please cut and paste above meeting details to the Outlook meeting invitation and send update 2 For an audio connection users dial the number only 3 For video (Skype) connections users dial the full address
Organizer Anthony MartiniResources Room - Strathpine Room 2A
Good morning The venue for this meeting is Councilrsquos Strathpine office at 220 Gympie Road Strathpine Entrance to the office is via Customer Service in Hall Street where parking is available on street Upon arrival at customer service you will be asked to complete visitor paperwork and then escorted to meeting room 2A Should you have any queries regarding this meeting request please contact me as below Kind regards Ann Abbott Operations Coordinator Engineering Construction amp Maintenance Moreton Bay Regional Council Stage 3 220 Gympie Road Strathpine P 07 3480 6233 E annabbottmoretonbayqldgovau
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in this e-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are not a named recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legal privilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete all copies immediately and contact the sender to advise of the error It is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liability for loss or damage arising directly or indirectly from opening this email opening any attachments or any communication errors The views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 30 of 55
1
Anne Wood
Subject MBRC Location 1 William St Level 12 Room 1214
Shortly you will receive an email invite to enter 1 William st with instructions on what you will need to provide to
Concierge
I will meet your party in the foyer once you have signed in
Kind regards
Anne
Anne Wood AExecutive Assistant Planning and Development Services | Brisbane Department of State Development Manufacturing Infrastructure and Planning Level 13 1 William St Brisbane QLD 4000 p 07 3452 7115 | e annewooddilgpqldgovau
RTI1819-035-DSDMIP - Page 31 of 55
From Graeme BoltonTo Anthony MartiniCc Stewart Pentland Kerry Doss Megan BayntunSubject RE MBRC Planning Scheme Amendment Meeting 13062018Date Friday 22 June 2018 64200 PMAttachments image001png
Dear Tony Please accept my apologies for not being able to get back to you earlier today As indicated in mymessage I was unexpectedly tied up all afternoon in an emergent and urgent issue I have reviewed the provided table and support in principle the matters identified in column fourIn respect to the matters identified in column five I can understand and again support in theprinciple the need for additional changes However the extent of changes will need to satisfy thesignificantly different test This is something that the department and Minister cannot resolvefrom This may mean that the desired changes may need to be tempered with what can besupported at this point in time and further decisions made by the council in respect to the riskprofile and whether or not to proceed with particular elements In addition to the above we have examined a couple of mechanisms that may be open to theMinister in deciding the proposed amendment In short we are exploring (a) the ability to partrefuse and part approve subject to conditions or (b) to solely condition The key consideration isto ensure whatever recommendation is made to the Minister the eventual decision can withstandclose scrutiny In both options given the volume of changes we would be also recommending tothe Minister a closing condition that requires the council to submit the changed amendment forendorsement by the Chief Executive prior to adoption by the council Finally as discussed at our last meeting through the second state interest review the Departmentof Environment and Science (DES) identified concerns in relation to koala habitat and the WarnerInvestigation Area structure plan I have been chasing (and have not yet received) additionalinformation and mapping from DES in relation to this At this point in time we would be looking toinclude a condition addresses the protection of the remaining koala habitat I am hoping to getgreater clarity and certainty on this (in terms of scale and location) in the coming days I will give you a call on Monday to discuss Please do not hesitate to contact me in the interimshould you have questions or concerns Regards Graeme
Graeme BoltonExecutive Director Planning and Development ServicesPlanning GroupDepartment of State Development Manufacturing Infrastructure and Planning---------------------------------------------------------------------------------------------------------------------------------------------
P 07 3452 6741 MLevel 13 1 William Street Brisbane QLD 4000
RTI1819-035-DSDMIP - Page 32 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
Summary of Proposed Planning Scheme Amendment
MBRC policy end Current MBRC Planning Scheme
Advertised Proposed Planning Scheme
Amendment
Amended Proposed Planning Scheme
Amendment
Other necessary changes to achieve MBRC policy end
Substantial change
Warner growth area - o Enable conversion of existing
industryrural residential to transition to residential outcomes
o Conversion consistent with the SEQ Regional Plan identification of Warner for growth
Industry zone and rural residential surrounded by existing residential and main roads Preliminary approval (Variation) would involve - Impact assessment - Major non-compliance with the
assessment benchmarks
- Zone change to Emerging
Community - Overlay map - Structure
planned area - Level of assessment - Service Area - RAL Code
assessment No Service Area - RAL
Impact assessment
Changes - Delete reference to CIA - Delete reference to service area
non service area Result - No change to Overlay map -
Structure planned area - Level of Assessment - RAL
Code assessment
Strengthening of assessment benchmarks required in the Emerging Community Zone Code andor RAL Code - Emerging Community Zone to assist code assessment
No Maintain overlay map as advertised maintain Level of Assessment remove reference to CIA and remove reference to Service Area and Non-Service Area
Caboolture West growth area - (Area 1) - o Enable Area 1 to proceed to
development including residential and local centre
o Consistent with the SEQ Regional Planrsquos identification of Caboolture West as an expansion area
Preliminary approval (Variation) would involve - Impact assessment - Major non-compliance with the
assessment benchmarks without a Neighhourhood Development Plan for Area 1
- Area 1 - Overlay map -
Structure planned area - Level of assessment Service Area - RAL Code
assessment Non Service Area - RAL
Impact assessment
Changes - Delete reference to CIA - Delete reference to service area
non service area Result - No change to Overlay map -
Structure planned area - Level of assessment - RAL Code
assessment for SPA1
Strengthening of assessment benchmarks required in the Local Plan Zone Code andor RAL Code - Emerging Community Zone to assist code assessment
No Maintain overlay map as advertised maintain Level of Assessment remove reference to CIA remove reference to Service Area and Non-Service Area
Caboolture West growth area - (Balance of Caboolture West) - o Enable subsequent stages to
be structure planned and released through future scheme amendments
Preliminary approval (Variation) would involve - Impact assessment - Major non-compliance with the
assessment benchmarks without a Neighhourhood Development Plan for the relevant area
- Overlay map - Future Structure
plan area - Level of assessment - Impact assessment
Changes - Delete reference to CIA - Delete reference to service area
non service area Result - No change to Overlay map -
Future Structure plan area - Level of assessment - Impact
assessment
Revisit strategic framework to delete CIA and ensure strategic outcomes accurately reflect the future timing of these fronts
No Maintain overlay map as advertised remove reference to CIA Minor change to the strategic framework
Other growth areas to be structure planned and held subject to planning infrastructure requirements and financial obligations being determined o Morayfield o Burpengary east o Narangba east o Joyner
RAL application would involve - Code assessment - Major non-compliance with the
assessment benchmarks in the absence of integrated land use and infrastructure planning
MCU application would involve impact assessment
- Overlay Map - Future structure
planned area - Level of assessment - RAL
Impact assessment - Major non-compliance with the
assessment benchmarks in the absence of integrated land use and infrastructure planning including the strategic outcomes
Changes - Delete references to CIA in the
strategic framework - Delete references to service
area non service area Result - No change to Overlay map -
Future structure planned area
Revisit strategic framework to delete CIA and ensure strategic outcomes accurately reflect the future timing of these fronts
No Maintain overlay map as advertised maintain Level of Assessment and remove reference to CIA
MBRC policy end Current MBRC Planning
Scheme Advertised Proposed
Planning Scheme Amendment
Amended Proposed Planning Scheme
Amendment
Other necessary changes to achieve MBRC policy end
Substantial change
- No change to Level of assessment - RAL Impact assessment
Balance of Proposed Planning Scheme Amendment
Not applicable
Changes proposed (carports setbacks sheds etc)
No further changes to the proposed Planning Scheme Amendment as provided post consultation
Not applicable
Not applicable
PO Box 15009 City East QLD 4002wwwdsdmipqldgovau
From Stewart Pentland [mailtoStewartPentlandmoretonbayqldgovau] Sent Thursday 14 June 2018 1234 PMTo Kerry Doss ltKerryDossdsdmipqldgovaugt Graeme BoltonltGraemeBoltondsdmipqldgovaugt Megan Bayntun ltMeganBayntundsdmipqldgovaugtCc Anthony Martini ltAnthonyMartinimoretonbayqldgovaugtSubject MBRC Planning Scheme Amendment Meeting 13062018 Graeme Kerry and Megan Thank you for your time yesterday Tony and I found the meeting most useful As discussed and agreed in principle
1 Council would document a series of proposed changes to the existing Planning SchemeAmendment that responds to the States direction to remove reference to the CIA andassociated service area non-service area concepts (see attached)
2 Subject to an iterative process between the State and council this information would thenform the basis of a conditional approval of the current major scheme amendment amp
3 The existing amendment would then be finalised by way of a conditional approval consistentwith points 1 and 2 above ASAP
Please find attached a first draft table outlining what are considered to be the necessary changesto the current amendment We would welcome your thoughts on this so that we can continue todevelop its contents with you I note you indicated that for this approach to be utilised you would need to be comfortable thatthe type of changes proposed did not constitute a substantial change As a consequence we haveincluded a column (Substantial change) that includes our appraisal of each proposed change Againwe would welcome your thoughts on this matter also It would be good to progress this matter ASAP In doing so it would be appreciated if you couldadvise when you consider you may be able to provide a response to these initial draftrepresentations In the interim should you require anything further please let me know Regards Stewart PentlandDirectorPlanning and Economic DevelopmentMoreton Bay Regional Council2 Hasking Street Caboolture Qld 4510P 07 5433 2023M Email stewartpentlandmoretonbayqldgovauwwwmoretonbayqldgovau
RTI1819-035-DSDMIP - Page 33 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in this e-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are not anamed recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legalprivilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete all copiesimmediately and contact the sender to advise of the errorIt is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liability forloss or damage arising directly or indirectly from opening this email opening any attachments or any communication errorsThe views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 34 of 55
Summary of Proposed Planning Scheme Amendment
MBRC policy end Current MBRC Planning Scheme
Advertised Proposed Planning Scheme
Amendment
Amended Proposed Planning Scheme
Amendment
Other necessary changes to achieve MBRC policy end
Substantial change
Warner growth area - o Enable conversion of existing
industryrural residential to transition to residential outcomes
o Conversion consistent with the SEQ Regional Plan identification of Warner for growth
Industry zone and rural residential surrounded by existing residential and main roads Preliminary approval (Variation) would involve - Impact assessment - Major non-compliance with the
assessment benchmarks
- Zone change to Emerging
Community - Overlay map - Structure
planned area - Level of assessment - Service Area - RAL Code
assessment No Service Area - RAL
Impact assessment
Changes - Delete reference to CIA - Delete reference to service area
non service area Result - No change to Overlay map -
Structure planned area - Level of Assessment - RAL
Code assessment
Strengthening of assessment benchmarks required in the Emerging Community Zone Code andor RAL Code - Emerging Community Zone to assist code assessment
No Maintain overlay map as advertised maintain Level of Assessment remove reference to CIA and remove reference to Service Area and Non-Service Area
Caboolture West growth area - (Area 1) - o Enable Area 1 to proceed to
development including residential and local centre
o Consistent with the SEQ Regional Planrsquos identification of Caboolture West as an expansion area
Preliminary approval (Variation) would involve - Impact assessment - Major non-compliance with the
assessment benchmarks without a Neighhourhood Development Plan for Area 1
- Area 1 - Overlay map -
Structure planned area - Level of assessment Service Area - RAL Code
assessment Non Service Area - RAL
Impact assessment
Changes - Delete reference to CIA - Delete reference to service area
non service area Result - No change to Overlay map -
Structure planned area - Level of assessment - RAL Code
assessment for SPA1
Strengthening of assessment benchmarks required in the Local Plan Zone Code andor RAL Code - Emerging Community Zone to assist code assessment
No Maintain overlay map as advertised maintain Level of Assessment remove reference to CIA remove reference to Service Area and Non-Service Area
Caboolture West growth area - (Balance of Caboolture West) - o Enable subsequent stages to
be structure planned and released through future scheme amendments
Preliminary approval (Variation) would involve - Impact assessment - Major non-compliance with the
assessment benchmarks without a Neighhourhood Development Plan for the relevant area
- Overlay map - Future Structure
plan area - Level of assessment - Impact assessment
Changes - Delete reference to CIA - Delete reference to service area
non service area Result - No change to Overlay map -
Future Structure plan area - Level of assessment - Impact
assessment
Revisit strategic framework to delete CIA and ensure strategic outcomes accurately reflect the future timing of these fronts
No Maintain overlay map as advertised remove reference to CIA Minor change to the strategic framework
Other growth areas to be structure planned and held subject to planning infrastructure requirements and financial obligations being determined o Morayfield o Burpengary east o Narangba east o Joyner
RAL application would involve - Code assessment - Major non-compliance with the
assessment benchmarks in the absence of integrated land use and infrastructure planning
MCU application would involve impact assessment
- Overlay Map - Future structure
planned area - Level of assessment - RAL
Impact assessment - Major non-compliance with the
assessment benchmarks in the absence of integrated land use and infrastructure planning including the strategic outcomes
Changes - Delete references to CIA in the
strategic framework - Delete references to service
area non service area Result - No change to Overlay map -
Future structure planned area
Revisit strategic framework to delete CIA and ensure strategic outcomes accurately reflect the future timing of these fronts
No Maintain overlay map as advertised maintain Level of Assessment and remove reference to CIA
RTI1819-035-DSDMIP - Page 35 of 55
MBRC policy end Current MBRC Planning
Scheme Advertised Proposed
Planning Scheme Amendment
Amended Proposed Planning Scheme
Amendment
Other necessary changes to achieve MBRC policy end
Substantial change
- No change to Level of assessment - RAL Impact assessment
Balance of Proposed Planning Scheme Amendment
Not applicable
Changes proposed (carports setbacks sheds etc)
No further changes to the proposed Planning Scheme Amendment as provided post consultation
Not applicable
Not applicable
RTI1819-035-DSDMIP - Page 36 of 55
From Graeme BoltonTo Stewart Pentland Kerry Doss Megan BayntunCc Anthony MartiniSubject RE MBRC Planning Scheme Amendment Meeting 13062018Date Monday 18 June 2018 82200 AMAttachments image001png
image002jpg
Hi Stewart Thank you for providing the attached table and below information As per Kerryrsquos email we willreview and respond as soon as possible Regards Graeme
Graeme BoltonExecutive Director Planning and Development ServicesPlanning GroupDepartment of State Development Manufacturing Infrastructure and Planning---------------------------------------------------------------------------------------------------------------------------------------------
P 07 3452 6741 MLevel 13 1 William Street Brisbane QLD 4000PO Box 15009 City East QLD 4002wwwdsdmipqldgovau
From Stewart Pentland [mailtoStewartPentlandmoretonbayqldgovau] Sent Thursday 14 June 2018 1234 PMTo Kerry Doss ltKerryDossdsdmipqldgovaugt Graeme BoltonltGraemeBoltondsdmipqldgovaugt Megan Bayntun ltMeganBayntundsdmipqldgovaugtCc Anthony Martini ltAnthonyMartinimoretonbayqldgovaugtSubject MBRC Planning Scheme Amendment Meeting 13062018 Graeme Kerry and Megan Thank you for your time yesterday Tony and I found the meeting most useful As discussed and agreed in principle
1 Council would document a series of proposed changes to the existing Planning SchemeAmendment that responds to the States direction to remove reference to the CIA andassociated service area non-service area concepts (see attached)
2 Subject to an iterative process between the State and council this information would thenform the basis of a conditional approval of the current major scheme amendment amp
3 The existing amendment would then be finalised by way of a conditional approval consistentwith points 1 and 2 above ASAP
RTI1819-035-DSDMIP - Page 37 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
Please find attached a first draft table outlining what are considered to be the necessary changesto the current amendment We would welcome your thoughts on this so that we can continue todevelop its contents with you I note you indicated that for this approach to be utilised you would need to be comfortable thatthe type of changes proposed did not constitute a substantial change As a consequence we haveincluded a column (Substantial change) that includes our appraisal of each proposed change Againwe would welcome your thoughts on this matter also It would be good to progress this matter ASAP In doing so it would be appreciated if you couldadvise when you consider you may be able to provide a response to these initial draftrepresentations In the interim should you require anything further please let me know Regards Stewart PentlandDirectorPlanning and Economic DevelopmentMoreton Bay Regional Council2 Hasking Street Caboolture Qld 4510P 07 5433 2023M Email stewartpentlandmoretonbayqldgovauwwwmoretonbayqldgovau CCR3_email_signhr
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in this e-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are not anamed recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legalprivilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete all copiesimmediately and contact the sender to advise of the errorIt is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liability forloss or damage arising directly or indirectly from opening this email opening any attachments or any communication errorsThe views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 38 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
From Graeme BoltonTo Anthony MartiniCc Ann Abbott Stewart Pentland Kerry DossSubject RE Moreton Bay Regional Council - Amendment to Planning Scheme ProgressDate Tuesday 10 July 2018 65800 PMAttachments image001png
Good afternoon Tony Thank you for your email below I do apologise for not being able to take your call I was in ameeting and then subsequently on a teleconference when you phoned As discussed last week we met with DTMR officers who agreed to provide us with additionalinformation by tomorrow We greatly appreciate the councilrsquos willingness to work with the department to find a wayforward However given the complexity of the amendments it is not as easy as you portray tohave ldquoremoved the CIA and the servicenon service area referencesrdquo All we have at this point intime is a high level table with expressed intent To give effect to this intent involves significantchanges to the proposed amendment and carries a very high risk of unintended consequencesfor the operation of the planning scheme and potential lawfulness of the amendment I amextremely concerned about agreeing to something now only to find out after the Minister hasconditionally approved the amendment that the expressed intent cannot be delivered We are endeavouring to find a solution I will advise further once we have received theadditional information from DTMR Regards Graeme
Graeme BoltonExecutive Director Planning and Development ServicesPlanning GroupDepartment of State Development Manufacturing Infrastructure and Planning--------------------------------------------------------------- ---------------------------
P 07 3452 6741 MLevel 13 1 William Street Brisbane QLD 4000PO Box 15009 City East QLD 4002wwwdsdmipqldgovau
From Anthony Martini [mailtoAnthonyMartinimoretonbayqldgovau] Sent Tuesday 10 July 2018 108 PMTo Graeme Bolton ltGraemeBoltondsdmipqldgovaugtCc Ann Abbott ltAnnAbbottmoretonbayqldgovaugt Stewart PentlandltStewartPentlandmoretonbayqldgovaugt Kerry Doss ltKerryDossdsdmipqldgovaugtSubject Moreton Bay Regional Council - Amendment to Planning Scheme Progress
RTI1819-035-DSDMIP - Page 39 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
Hi Graeme Appreciate that you are busy however I have endeavoured to make contact with you over thepast few days for the purposes of understanding where we are at with regards to receiving apartial or full draft condition set to the amendment to the planning scheme It is nearly 4 weeks since we first met at which meeting MBRC offered to remove the CIA andservice areas non service areas from the amendment and provided shortly thereafter a tablesummary of these changes for further discussion and guidance for the State and MBRC to workthrough You have advised that these changes are agreed in principle You have also advised that thechanges need to be worked through I am in a position where I need some information from you as to what is occurring and when toprovide to the CEO and Mayor From MBRCrsquos perspective we have undertaken all that has beenasked of MBRC - removed the CIA and the servicenon service area references Is there anythingelse which MBRC needs to consider I await your advice Thanks Tony
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in thise-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are nota named recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legalprivilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete allcopies immediately and contact the sender to advise of the errorIt is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liabilityfor loss or damage arising directly or indirectly from opening this email opening any attachments or any communication errorsThe views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 40 of 55
From Graeme BoltonTo Anthony MartiniCc Stewart Pentland Kerry Doss Garth NolanSubject RE Update on draft conditionsDate Thursday 5 July 2018 30400 PMAttachments image001png
image002png
Hi Tony I appreciate your concerns and we are progressing this as fast as possible As you can alsohopefully appreciate the amendment in its own right is a very large and complex document Thechanges being proposed are not unsubstantial and have multiple unintended consequencesmany of which have the potential to adversely affect matters of state interest As such we aretrying to resolve these to an acceptable level (for the state) before sharing these with you I will forward these to you as soon as possible Regards Graeme
Graeme BoltonExecutive Director Planning and Development ServicesPlanning GroupDepartment of State Development Manufacturing Infrastructure and Planning---------------------------------------------------------------------------------------------------------------------------------------------
P 07 3452 6741 MLevel 13 1 William Street Brisbane QLD 4000PO Box 15009 City East QLD 4002wwwdsdmipqldgovau
From Anthony Martini [mailtoAnthonyMartinimoretonbayqldgovau] Sent Tuesday 3 July 2018 543 PMTo Graeme Bolton ltGraemeBoltondsdmipqldgovaugtCc Stewart Pentland ltStewartPentlandmoretonbayqldgovaugt Kerry DossltKerryDossdsdmipqldgovaugt Garth Nolan ltGarthNolandsdmipqldgovaugtSubject RE Update on draft conditions Hi Graeme Thank you for the update It would be good to catch up sooner rather than later as it is fast approaching 3 weeks since ourinitial meeting I can advise that the Mayor sought advice from me as to where the amendmentwas at - as I had advised him 10 days ago that a draft set was to be available with a day or so As discussed our preference is to collaboratively work on the content of the draft conditions Itwould be appreciated if you could send through the balance of the approval and conditions now
RTI1819-035-DSDMIP - Page 41 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
this will enable us to get the process moving Thanks Tony
From Graeme Bolton [mailtoGraemeBoltondsdmipqldgovau] Sent Tuesday 3 July 2018 307 PMTo Anthony Martini ltAnthonyMartinimoretonbayqldgovaugtCc Stewart Pentland ltStewartPentlandmoretonbayqldgovaugt Kerry DossltKerryDossdsdmipqldgovaugt Garth Nolan ltGarthNolandsdmipqldgovaugtSubject Update on draft conditions Hi Tony As previously advised I met with senior officers from DTMR today to discuss some concernstheyrsquove raised in respect to conditioning the proposed amendment I believe we have a wayforward and DTMR are working on a couple of options as a matter of priority I am expecting tohave something back from DTMR mid next week We will continue to work closely with them totry and get something out sooner As previously discussed we will share the draft conditions once we are satisfied with them Wewould be happy to work with you to ensure they are workable from councilrsquos perspective Regards Graeme
Graeme BoltonExecutive Director Planning and Development ServicesPlanning GroupDepartment of State Development Manufacturing Infrastructure and Planning---------------------------------------------------------------- -------------------------------
P 07 3452 6741 MLevel 13 1 William Street Brisbane QLD 4000PO Box 15009 City East QLD 4002wwwdsdmipqldgovau
This email and any attachments may contain confidential or privileged information and may be protected by copyright Youmust not use or disclose them other than for the purposes for which they were supplied The confidentiality and privilegeattached to this message and attachment is not waived by reason of mistaken delivery to you If you are not the intendedrecipient you must not use disclose retain forward or reproduce this message or any attachments If you receive thismessage in error please notify the sender by return email or telephone and destroy and delete all copies The Departmentdoes not accept any responsibility for any loss or damage that may result from reliance on or use of any informationcontained in this email andor attachments
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in this
e-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are not
RTI1819-035-DSDMIP - Page 42 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
a named recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legal
privilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete all
copies immediately and contact the sender to advise of the error
It is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liability
for loss or damage arising directly or indirectly from opening this email opening any attachments or any communication errors
The views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 43 of 55
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Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
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Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
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RTI1819-035-DSDMIP - Page 55 of 55
Our ref OUT185247
27 July 2018 Mr Anthony Martini Deputy CEO Director Engineering Construction and Maintenance Moreton Bay Regional Council PO Box 159 CABOOLTURE QLD 4510 Dear Anthony I refer to the 26 July 2018 meeting between yourself Mr Stewart Pentland Mr Graeme Bolton and myself to discuss the proposed Major Amendment 2 (the proposed amendment) to the Moreton Bay Regional Council (the council) planning scheme As you are aware the department has assessed the proposed amendment and cannot support a recommendation to approve the proposed amendment due to the proposed Coordinating Infrastructure Agreement associated provisions (the CIA) and outstanding matters of state interest It was agreed that the Department of State Development Manufacturing Infrastructure and Planning (the department) would consider if it could support approving the proposed amendment subject to conditions to enable the minor elements not associated with structure planning and the CIA to proceed It was understood that these minor elements related to provisions such as development code requirements (eg setback provisions for carports) various overlay maps (eg the walking distance map) and codes and various minor provisions (eg animal husbandry) In particular it was understood that this did not include elements relating to the CIA including structure planned areas which are contingent on the CIA provisions Notwithstanding this understanding the department agreed that it would consider a broader range of changes as proposed in Mr Pentlandrsquos email of 14 June 2018 As discussed at our 26 July 2018 meeting the department has undertaken investigations and has concluded it cannot support a recommendation to approve the proposed amendment subject to conditions This is based on matters of state interest relating to transport infrastructure biodiversity values and the consideration of the significantly different test
RTI1819-035-DSDMIP - Page 14 of 55
Page 2 of 2
As discussed there a number of options available to the council 1 The council formally resolves and withdraws the proposed amendment and
commences a new amendment process As discussed the department would be highly supportive of utilising section 18 of the Planning Act 2016 to create a tailored amendment process (that does not require further public consultation) for the minor elements and a second tailored process (potentially requiring further public consultation) for the structure planning elements of the proposed amendment
OR 2 The council formally places the amendment process on hold and resubmits a
revised version of the proposed amendment Please note that should the council choose this option it will need to satisfy itself that the changes made do not result in a significantly different version of the proposed amendment than the version that underwent public consultation Please be advised that the Planning Minister in addition to the council will also need to be satisfied that the changes made do not result in a significantly different version of the proposed amendment then that which underwent public consultation The department is of the view (noting that it has not seen any possible changes) that it is highly likely that any changes made in respect to removing the CIA from the proposed amendment will be likely to result in a significantly different version
OR 3 The Planning Minister considers and decides the proposed amendment in its
current form
As discussed in respect to options 1 and 2 above the department is strongly supportive of coordinating the input of the Department of Transport and Main Roads and the Department of Environment and Science to resolve the outstanding matters of state interest It would be greatly appreciated if the council could formally advise the department of its preferred option by close of business on Friday 10 August 2018 If no advice has been received by this date the department will progress the proposed amendment for the Planning Ministerrsquos considers and decision in its current form If you require any further information please contact Mr Graeme Bolton Executive Director Planning Group Department of State Development Manufacturing Infrastructure and Planning on (07) 3452 6741 or Graemeboltondsdmipqldgovau who will be pleased to assist Yours sincerely
Kerry Doss Deputy Director-General
RTI1819-035-DSDMIP - Page 15 of 55
1
Anne Wood
From Kerry DossSent Saturday 16 June 2018 1034 AMTo Stewart Pentland Graeme Bolton Megan BayntunCc Anthony MartiniSubject Re MBRC Planning Scheme Amendment Meeting 13062018
Thanks Stuart We will consider and come back to you Regards Kerry Doss Kerry Doss Deputy Director‐General Planning Group Department of State Development Manufacturing Infrastructure amp Planning P 07 3452 7909 ME kerry dossdsdmip qldgovau
From Stewart Pentland ltStewartPentlandmoretonbayqldgovaugt Sent Thursday June 14 2018 123348 PM To Kerry Doss Graeme Bolton Megan Bayntun Cc Anthony Martini Subject MBRC Planning Scheme Amendment Meeting 13062018 Graeme Kerry and Megan Thank you for your time yesterday Tony and I found the meeting most useful As discussed and agreed in principle
1 Council would document a series of proposed changes to the existing Planning Scheme Amendment that responds to the States direction to remove reference to the CIA and associated service area non‐service area concepts (see attached)
2 Subject to an iterative process between the State and council this information would then form the basis of a conditional approval of the current major scheme amendment amp
3 The existing amendment would then be finalised by way of a conditional approval consistent with points 1 and 2 above ASAP
Please find attached a first draft table outlining what are considered to be the necessary changes to the current amendment We would welcome your thoughts on this so that we can continue to develop its contents with you I note you indicated that for this approach to be utilised you would need to be comfortable that the type of changes proposed did not constitute a substantial change As a consequence we have included a column (Substantial change) that includes our appraisal of each proposed change Again we would welcome your thoughts on this matter also It would be good to progress this matter ASAP In doing so it would be appreciated if you could advise when you consider you may be able to provide a response to these initial draft representations In the interim should you require anything further please let me know
RTI1819-035-DSDMIP - Page 16 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
2
Regards Stewart Pentland Director Planning and Economic Development Moreton Bay Regional Council 2 Hasking Street Caboolture Qld 4510 P 07 5433 2023 MEmail stewartpentlandmoretonbayqldgovau wwwmoretonbayqldgovau
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in this e-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are not a named recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legal privilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete all copies immediately and contact the sender to advise of the error It is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liability for loss or damage arising directly or indirectly from opening this email opening any attachments or any communication errors The views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 17 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
1
Anne Wood
From Stewart Pentland ltStewartPentlandmoretonbayqldgovaugtSent Tuesday 10 July 2018 839 PMTo Graeme BoltonCc Anthony Martini Ann Abbott Kerry DossSubject Re Moreton Bay Regional Council - Amendment to Planning Scheme Progress
Graeme I am concerned your response is straying from what council understood to be our agreement It is important from Councils perspective that the conditions are developed collaboratively Once agreement has been achieved on the conditions content they would then be finalised This was our agreement as we understood it Beyond this it is Councils responsibility to then amend its own scheme and then collaborate with the state on the proposed changes that respond to your conditions As previously discussed and agreed this would occur through a tracked change version of the scheme that we would iterate with you until agreement had been achieved Our appraisal is that those sections of the scheme included in the lsquohigh level tablersquo will be those sections of the scheme that require amendment If the above is no longer the agreement please confirm ASAP Regards Stewart
Sent from SWP iPhone On 10 Jul 2018 at 658 pm Graeme Bolton ltGraemeBoltondsdmipqldgovaugt wrote
Good afternoon Tony Thank you for your email below I do apologise for not being able to take your call I was in a meeting and then subsequently on a teleconference when you phoned As discussed last week we met with DTMR officers who agreed to provide us with additional information by tomorrow We greatly appreciate the councilrsquos willingness to work with the department to find a way forward However given the complexity of the amendments it is not as easy as you portray to have ldquoremoved the CIA and the servicenon service area referencesrdquo All we have at this point in time is a high level table with expressed intent To give effect to this intent involves significant changes to the proposed amendment and carries a very high risk of unintended consequences for the operation of the planning scheme and potential lawfulness of the amendment I am extremely concerned about agreeing to something now only to find out after the Minister has conditionally approved the amendment that the expressed intent cannot be delivered We are endeavouring to find a solution I will advise further once we have received the additional information from DTMR Regards Graeme
RTI1819-035-DSDMIP - Page 18 of 55
2
ltimage001pnggt Graeme Bolton Executive Director Planning and Development Services Planning Group Department of State Development Manufacturing Infrastructure and Planning --------------------------------------------------------------------------------------------------------------------------------------------- P 07 3452 6741 MLevel 13 1 William Street Brisbane QLD 4000 PO Box 15009 City East QLD 4002 wwwdsdmipqldgovau
From Anthony Martini [mailtoAnthonyMartinimoretonbayqldgovau] Sent Tuesday 10 July 2018 108 PM To Graeme Bolton ltGraemeBoltondsdmipqldgovaugt Cc Ann Abbott ltAnnAbbottmoretonbayqldgovaugt Stewart Pentland ltStewartPentlandmoretonbayqldgovaugt Kerry Doss ltKerryDossdsdmipqldgovaugt Subject Moreton Bay Regional Council ‐ Amendment to Planning Scheme Progress Hi Graeme Appreciate that you are busy however I have endeavoured to make contact with you over the past few days for the purposes of understanding where we are at with regards to receiving a partial or full draft condition set to the amendment to the planning scheme It is nearly 4 weeks since we first met at which meeting MBRC offered to remove the CIA and service areas non service areas from the amendment and provided shortly thereafter a table summary of these changes for further discussion and guidance for the State and MBRC to work through You have advised that these changes are agreed in principle You have also advised that the changes need to be worked through I am in a position where I need some information from you as to what is occurring and when to provide to the CEO and Mayor From MBRCrsquos perspective we have undertaken all that has been asked of MBRC ‐ removed the CIA and the servicenon service area references Is there anything else which MBRC needs to consider I await your advice Thanks Tony
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in this e-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are not a named recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legal privilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete all copies immediately and contact the sender to advise of the error It is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liability for loss or damage arising directly or indirectly from opening this email opening any attachments or any communication errors The views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 19 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in this e-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are not a named recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legal privilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete all copies immediately and contact the sender to advise of the error It is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liability for loss or damage arising directly or indirectly from opening this email opening any attachments or any communication errors The views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 20 of 55
1
Anne Wood
From Anthony Martini ltAnthonyMartinimoretonbayqldgovaugtSent Tuesday 3 July 2018 543 PMTo Graeme BoltonCc Stewart Pentland Kerry Doss Garth NolanSubject RE Update on draft conditions
Hi Graeme
Thank you for the update
It would be good to catch up sooner rather than later as it is fast approaching 3 weeks since our initial meeting I
can advise that the Mayor sought advice from me as to where the amendment was at ‐ as I had advised him 10 days
ago that a draft set was to be available with a day or so
As discussed our preference is to collaboratively work on the content of the draft conditions It would be
appreciated if you could send through the balance of the approval and conditions now this will enable us to get the
process moving
Thanks
Tony
From Graeme Bolton [mailtoGraemeBoltondsdmipqldgovau] Sent Tuesday 3 July 2018 307 PM To Anthony Martini ltAnthonyMartinimoretonbayqldgovaugt Cc Stewart Pentland ltStewartPentlandmoretonbayqldgovaugt Kerry Doss ltKerryDossdsdmipqldgovaugt Garth Nolan ltGarthNolandsdmipqldgovaugt Subject Update on draft conditions
Hi Tony
As previously advised I met with senior officers from DTMR today to discuss some concerns theyrsquove raised in
respect to conditioning the proposed amendment I believe we have a way forward and DTMR are working on a
couple of options as a matter of priority I am expecting to have something back from DTMR mid next week We will
continue to work closely with them to try and get something out sooner
As previously discussed we will share the draft conditions once we are satisfied with them We would be happy to
work with you to ensure they are workable from councilrsquos perspective Regards Graeme
RTI1819-035-DSDMIP - Page 21 of 55
2
Graeme Bolton Executive Director Planning and Development Services Planning Group Department of State Development Manufacturing Infrastructure and Planning ---------------------------------------------------------------------------------------------------------------------------------------------
P 07 3452 6741 MLevel 13 1 William Street Brisbane QLD 4000 PO Box 15009 City East QLD 4002 wwwdsdmipqldgovau
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in this e-mail and any
attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are not a named recipient any use of this
information including copying distribution and publication is prohibited Confidentiality and legal privilege are not waived or lost as a result of mistaken or
erroneous delivery If you are not a named recipient please delete all copies immediately and contact the sender to advise of the error
It is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liability for loss or damage
arising directly or indirectly from opening this email opening any attachments or any communication errors
The views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 22 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
From Anthony MartiniTo Graeme BoltonCc Stewart Pentland Kerry Doss Megan BayntunSubject RE MBRC Planning Scheme Amendment Meeting 13062018Date Monday 25 June 2018 80656 AMAttachments image002png
Hi Graeme As per texts over the weekend - Stewart and I will see you from 1030am this morning Thanks Tony
From Graeme Bolton [mailtoGraemeBoltondsdmipqldgovau] Sent Friday 22 June 2018 643 PMTo Anthony Martini ltAnthonyMartinimoretonbayqldgovaugtCc Stewart Pentland ltStewartPentlandmoretonbayqldgovaugt Kerry DossltKerryDossdsdmipqldgovaugt Megan Bayntun ltMeganBayntundsdmipqldgovaugtSubject RE MBRC Planning Scheme Amendment Meeting 13062018 Dear Tony Please accept my apologies for not being able to get back to you earlier today As indicated in mymessage I was unexpectedly tied up all afternoon in an emergent and urgent issue I have reviewed the provided table and support in principle the matters identified in column fourIn respect to the matters identified in column five I can understand and again support in theprinciple the need for additional changes However the extent of changes will need to satisfy thesignificantly different test This is something that the department and Minister cannot resolvefrom This may mean that the desired changes may need to be tempered with what can besupported at this point in time and further decisions made by the council in respect to the riskprofile and whether or not to proceed with particular elements In addition to the above we have examined a couple of mechanisms that may be open to theMinister in deciding the proposed amendment In short we are exploring (a) the ability to partrefuse and part approve subject to conditions or (b) to solely condition The key consideration isto ensure whatever recommendation is made to the Minister the eventual decision can withstandclose scrutiny In both options given the volume of changes we would be also recommending tothe Minister a closing condition that requires the council to submit the changed amendment forendorsement by the Chief Executive prior to adoption by the council Finally as discussed at our last meeting through the second state interest review the Departmentof Environment and Science (DES) identified concerns in relation to koala habitat and the WarnerInvestigation Area structure plan I have been chasing (and have not yet received) additionalinformation and mapping from DES in relation to this At this point in time we would be looking toinclude a condition addresses the protection of the remaining koala habitat I am hoping to getgreater clarity and certainty on this (in terms of scale and location) in the coming days
RTI1819-035-DSDMIP - Page 23 of 55
I will give you a call on Monday to discuss Please do not hesitate to contact me in the interimshould you have questions or concerns Regards Graeme
Graeme BoltonExecutive Director Planning and Development ServicesPlanning GroupDepartment of State Development Manufacturing Infrastructure and Planning---------------------------------------------------------------------------------------------------------------------------------------------
P 07 3452 6741 MLevel 13 1 William Street Brisbane QLD 4000PO Box 15009 City East QLD 4002wwwdsdmipqldgovau
From Stewart Pentland [mailtoStewartPentlandmoretonbayqldgovau] Sent Thursday 14 June 2018 1234 PMTo Kerry Doss ltKerryDossdsdmipqldgovaugt Graeme BoltonltGraemeBoltondsdmipqldgovaugt Megan Bayntun ltMeganBayntundsdmipqldgovaugtCc Anthony Martini ltAnthonyMartinimoretonbayqldgovaugtSubject MBRC Planning Scheme Amendment Meeting 13062018 Graeme Kerry and Megan Thank you for your time yesterday Tony and I found the meeting most useful As discussed and agreed in principle
1 Council would document a series of proposed changes to the existing Planning SchemeAmendment that responds to the States direction to remove reference to the CIA andassociated service area non-service area concepts (see attached)
2 Subject to an iterative process between the State and council this information would thenform the basis of a conditional approval of the current major scheme amendment amp
3 The existing amendment would then be finalised by way of a conditional approval consistentwith points 1 and 2 above ASAP
Please find attached a first draft table outlining what are considered to be the necessary changesto the current amendment We would welcome your thoughts on this so that we can continue todevelop its contents with you I note you indicated that for this approach to be utilised you would need to be comfortable thatthe type of changes proposed did not constitute a substantial change As a consequence we haveincluded a column (Substantial change) that includes our appraisal of each proposed change Againwe would welcome your thoughts on this matter also
RTI1819-035-DSDMIP - Page 24 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
It would be good to progress this matter ASAP In doing so it would be appreciated if you couldadvise when you consider you may be able to provide a response to these initial draftrepresentations In the interim should you require anything further please let me know Regards Stewart PentlandDirectorPlanning and Economic DevelopmentMoreton Bay Regional Council2 Hasking Street Caboolture Qld 4510P 07 5433 2023MEmail stewartpentlandmoretonbayqldgovauwwwmoretonbayqldgovau
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in this e-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are not anamed recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legalprivilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete all copiesimmediately and contact the sender to advise of the errorIt is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liability forloss or damage arising directly or indirectly from opening this email opening any attachments or any communication errorsThe views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
This email and any attachments may contain confidential or privileged information and may be protected by copyright Youmust not use or disclose them other than for the purposes for which they were supplied The confidentiality and privilegeattached to this message and attachment is not waived by reason of mistaken delivery to you If you are not the intendedrecipient you must not use disclose retain forward or reproduce this message or any attachments If you receive this messagein error please notify the sender by return email or telephone and destroy and delete all copies The Department does notaccept any responsibility for any loss or damage that may result from reliance on or use of any information contained in thisemail andor attachments
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in this e-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are not anamed recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legalprivilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete all copiesimmediately and contact the sender to advise of the errorIt is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liability forloss or damage arising directly or indirectly from opening this email opening any attachments or any communication errorsThe views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 25 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
From Anthony MartiniTo Graeme BoltonCc Ann Abbott Stewart Pentland Kerry DossSubject RE Moreton Bay Regional Council - Amendment to Planning Scheme ProgressDate Wednesday 11 July 2018 114220 AMAttachments image002png
Thank you for your e-mail Graeme I look forward to your further advices re this matter My reference to timing was based upon advice provided 2 weeks ago at a meeting betweenMBRC and the State that MBRC was to receive a draft condition set the following day Thanks Tony
From Graeme Bolton [mailtoGraemeBoltondsdmipqldgovau] Sent Tuesday 10 July 2018 658 PMTo Anthony Martini ltAnthonyMartinimoretonbayqldgovaugtCc Ann Abbott ltAnnAbbottmoretonbayqldgovaugt Stewart PentlandltStewartPentlandmoretonbayqldgovaugt Kerry Doss ltKerryDossdsdmipqldgovaugtSubject RE Moreton Bay Regional Council - Amendment to Planning Scheme Progress Good afternoon Tony Thank you for your email below I do apologise for not being able to take your call I was in ameeting and then subsequently on a teleconference when you phoned As discussed last week we met with DTMR officers who agreed to provide us with additionalinformation by tomorrow We greatly appreciate the councilrsquos willingness to work with the department to find a wayforward However given the complexity of the amendments it is not as easy as you portray tohave ldquoremoved the CIA and the servicenon service area referencesrdquo All we have at this point intime is a high level table with expressed intent To give effect to this intent involves significantchanges to the proposed amendment and carries a very high risk of unintended consequencesfor the operation of the planning scheme and potential lawfulness of the amendment I amextremely concerned about agreeing to something now only to find out after the Minister hasconditionally approved the amendment that the expressed intent cannot be delivered We are endeavouring to find a solution I will advise further once we have received theadditional information from DTMR Regards Graeme
RTI1819-035-DSDMIP - Page 26 of 55
Graeme BoltonExecutive Director Planning and Development ServicesPlanning GroupDepartment of State Development Manufacturing Infrastructure and Planning---------------------------------------------------------------------------------------------------------------------------------------------
P 07 3452 6741 MLevel 13 1 William Street Brisbane QLD 4000PO Box 15009 City East QLD 4002wwwdsdmipqldgovau
From Anthony Martini [mailtoAnthonyMartinimoretonbayqldgovau] Sent Tuesday 10 July 2018 108 PMTo Graeme Bolton ltGraemeBoltondsdmipqldgovaugtCc Ann Abbott ltAnnAbbottmoretonbayqldgovaugt Stewart PentlandltStewartPentlandmoretonbayqldgovaugt Kerry Doss ltKerryDossdsdmipqldgovaugtSubject Moreton Bay Regional Council - Amendment to Planning Scheme Progress Hi Graeme Appreciate that you are busy however I have endeavoured to make contact with you over thepast few days for the purposes of understanding where we are at with regards to receiving apartial or full draft condition set to the amendment to the planning scheme It is nearly 4 weeks since we first met at which meeting MBRC offered to remove the CIA andservice areas non service areas from the amendment and provided shortly thereafter a tablesummary of these changes for further discussion and guidance for the State and MBRC to workthrough You have advised that these changes are agreed in principle You have also advised that thechanges need to be worked through I am in a position where I need some information from you as to what is occurring and when toprovide to the CEO and Mayor From MBRCrsquos perspective we have undertaken all that has beenasked of MBRC - removed the CIA and the servicenon service area references Is there anythingelse which MBRC needs to consider I await your advice Thanks Tony
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in thise-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are not
RTI1819-035-DSDMIP - Page 27 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
a named recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legalprivilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete allcopies immediately and contact the sender to advise of the errorIt is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liabilityfor loss or damage arising directly or indirectly from opening this email opening any attachments or any communication errorsThe views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
This email and any attachments may contain confidential or privileged information and may be protected by copyright Youmust not use or disclose them other than for the purposes for which they were supplied The confidentiality and privilegeattached to this message and attachment is not waived by reason of mistaken delivery to you If you are not the intendedrecipient you must not use disclose retain forward or reproduce this message or any attachments If you receive thismessage in error please notify the sender by return email or telephone and destroy and delete all copies The Departmentdoes not accept any responsibility for any loss or damage that may result from reliance on or use of any informationcontained in this email andor attachments
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in thise-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are nota named recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legalprivilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete allcopies immediately and contact the sender to advise of the errorIt is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liabilityfor loss or damage arising directly or indirectly from opening this email opening any attachments or any communication errorsThe views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 28 of 55
1
Anne Wood
Subject Discussion regarding DILGPs position and proposed changes to MBRC - Major Amendment 2Location ltlt1 William Street (1WS) - 36 Floor - Meet 3614gtgt
Organizer Cindy WaltonRequired AttendeesCindy Walton Barbara Ryan Christine ONeill kateislesmoretonbayqldgovau
stewartpentlandmoretonbayqldgovau Graeme Bolton Tess PickeringOptional AttendeesBen Caldwell Ian Wright
Booking Confirmation Your room booking has been accepted with the following booking confirmation details below Building 1 William Street (1WS) Floor 36 Room Meet 3614 Room Setup Meeting Room Info Number Attending 12 Date 12 May 2017 From 1100AM To 1230PM Booked By Cindy Walton Host Cindy Walton Booking ID148766 To Join the meeting please dial sip+61730272906qgaaadqldgovau Notes Recurrence Dates Note 1 If you have booked conferencing resources please cut and paste above meeting details to the Outlook meeting invitation and send update 2 For an audio connection users dial the number only 3 For video (Skype) connections users dial the full address
Organizer Anthony MartiniResources Room - Strathpine Room 2A
Good morning The venue for this meeting is Councilrsquos Strathpine office at 220 Gympie Road Strathpine Entrance to the office is via Customer Service in Hall Street where parking is available on street Upon arrival at customer service you will be asked to complete visitor paperwork and then escorted to meeting room 2A Should you have any queries regarding this meeting request please contact me as below Kind regards Ann Abbott Operations Coordinator Engineering Construction amp Maintenance Moreton Bay Regional Council Stage 3 220 Gympie Road Strathpine P 07 3480 6233 E annabbottmoretonbayqldgovau
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in this e-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are not a named recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legal privilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete all copies immediately and contact the sender to advise of the error It is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liability for loss or damage arising directly or indirectly from opening this email opening any attachments or any communication errors The views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 30 of 55
1
Anne Wood
Subject MBRC Location 1 William St Level 12 Room 1214
Shortly you will receive an email invite to enter 1 William st with instructions on what you will need to provide to
Concierge
I will meet your party in the foyer once you have signed in
Kind regards
Anne
Anne Wood AExecutive Assistant Planning and Development Services | Brisbane Department of State Development Manufacturing Infrastructure and Planning Level 13 1 William St Brisbane QLD 4000 p 07 3452 7115 | e annewooddilgpqldgovau
RTI1819-035-DSDMIP - Page 31 of 55
From Graeme BoltonTo Anthony MartiniCc Stewart Pentland Kerry Doss Megan BayntunSubject RE MBRC Planning Scheme Amendment Meeting 13062018Date Friday 22 June 2018 64200 PMAttachments image001png
Dear Tony Please accept my apologies for not being able to get back to you earlier today As indicated in mymessage I was unexpectedly tied up all afternoon in an emergent and urgent issue I have reviewed the provided table and support in principle the matters identified in column fourIn respect to the matters identified in column five I can understand and again support in theprinciple the need for additional changes However the extent of changes will need to satisfy thesignificantly different test This is something that the department and Minister cannot resolvefrom This may mean that the desired changes may need to be tempered with what can besupported at this point in time and further decisions made by the council in respect to the riskprofile and whether or not to proceed with particular elements In addition to the above we have examined a couple of mechanisms that may be open to theMinister in deciding the proposed amendment In short we are exploring (a) the ability to partrefuse and part approve subject to conditions or (b) to solely condition The key consideration isto ensure whatever recommendation is made to the Minister the eventual decision can withstandclose scrutiny In both options given the volume of changes we would be also recommending tothe Minister a closing condition that requires the council to submit the changed amendment forendorsement by the Chief Executive prior to adoption by the council Finally as discussed at our last meeting through the second state interest review the Departmentof Environment and Science (DES) identified concerns in relation to koala habitat and the WarnerInvestigation Area structure plan I have been chasing (and have not yet received) additionalinformation and mapping from DES in relation to this At this point in time we would be looking toinclude a condition addresses the protection of the remaining koala habitat I am hoping to getgreater clarity and certainty on this (in terms of scale and location) in the coming days I will give you a call on Monday to discuss Please do not hesitate to contact me in the interimshould you have questions or concerns Regards Graeme
Graeme BoltonExecutive Director Planning and Development ServicesPlanning GroupDepartment of State Development Manufacturing Infrastructure and Planning---------------------------------------------------------------------------------------------------------------------------------------------
P 07 3452 6741 MLevel 13 1 William Street Brisbane QLD 4000
RTI1819-035-DSDMIP - Page 32 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
Summary of Proposed Planning Scheme Amendment
MBRC policy end Current MBRC Planning Scheme
Advertised Proposed Planning Scheme
Amendment
Amended Proposed Planning Scheme
Amendment
Other necessary changes to achieve MBRC policy end
Substantial change
Warner growth area - o Enable conversion of existing
industryrural residential to transition to residential outcomes
o Conversion consistent with the SEQ Regional Plan identification of Warner for growth
Industry zone and rural residential surrounded by existing residential and main roads Preliminary approval (Variation) would involve - Impact assessment - Major non-compliance with the
assessment benchmarks
- Zone change to Emerging
Community - Overlay map - Structure
planned area - Level of assessment - Service Area - RAL Code
assessment No Service Area - RAL
Impact assessment
Changes - Delete reference to CIA - Delete reference to service area
non service area Result - No change to Overlay map -
Structure planned area - Level of Assessment - RAL
Code assessment
Strengthening of assessment benchmarks required in the Emerging Community Zone Code andor RAL Code - Emerging Community Zone to assist code assessment
No Maintain overlay map as advertised maintain Level of Assessment remove reference to CIA and remove reference to Service Area and Non-Service Area
Caboolture West growth area - (Area 1) - o Enable Area 1 to proceed to
development including residential and local centre
o Consistent with the SEQ Regional Planrsquos identification of Caboolture West as an expansion area
Preliminary approval (Variation) would involve - Impact assessment - Major non-compliance with the
assessment benchmarks without a Neighhourhood Development Plan for Area 1
- Area 1 - Overlay map -
Structure planned area - Level of assessment Service Area - RAL Code
assessment Non Service Area - RAL
Impact assessment
Changes - Delete reference to CIA - Delete reference to service area
non service area Result - No change to Overlay map -
Structure planned area - Level of assessment - RAL Code
assessment for SPA1
Strengthening of assessment benchmarks required in the Local Plan Zone Code andor RAL Code - Emerging Community Zone to assist code assessment
No Maintain overlay map as advertised maintain Level of Assessment remove reference to CIA remove reference to Service Area and Non-Service Area
Caboolture West growth area - (Balance of Caboolture West) - o Enable subsequent stages to
be structure planned and released through future scheme amendments
Preliminary approval (Variation) would involve - Impact assessment - Major non-compliance with the
assessment benchmarks without a Neighhourhood Development Plan for the relevant area
- Overlay map - Future Structure
plan area - Level of assessment - Impact assessment
Changes - Delete reference to CIA - Delete reference to service area
non service area Result - No change to Overlay map -
Future Structure plan area - Level of assessment - Impact
assessment
Revisit strategic framework to delete CIA and ensure strategic outcomes accurately reflect the future timing of these fronts
No Maintain overlay map as advertised remove reference to CIA Minor change to the strategic framework
Other growth areas to be structure planned and held subject to planning infrastructure requirements and financial obligations being determined o Morayfield o Burpengary east o Narangba east o Joyner
RAL application would involve - Code assessment - Major non-compliance with the
assessment benchmarks in the absence of integrated land use and infrastructure planning
MCU application would involve impact assessment
- Overlay Map - Future structure
planned area - Level of assessment - RAL
Impact assessment - Major non-compliance with the
assessment benchmarks in the absence of integrated land use and infrastructure planning including the strategic outcomes
Changes - Delete references to CIA in the
strategic framework - Delete references to service
area non service area Result - No change to Overlay map -
Future structure planned area
Revisit strategic framework to delete CIA and ensure strategic outcomes accurately reflect the future timing of these fronts
No Maintain overlay map as advertised maintain Level of Assessment and remove reference to CIA
MBRC policy end Current MBRC Planning
Scheme Advertised Proposed
Planning Scheme Amendment
Amended Proposed Planning Scheme
Amendment
Other necessary changes to achieve MBRC policy end
Substantial change
- No change to Level of assessment - RAL Impact assessment
Balance of Proposed Planning Scheme Amendment
Not applicable
Changes proposed (carports setbacks sheds etc)
No further changes to the proposed Planning Scheme Amendment as provided post consultation
Not applicable
Not applicable
PO Box 15009 City East QLD 4002wwwdsdmipqldgovau
From Stewart Pentland [mailtoStewartPentlandmoretonbayqldgovau] Sent Thursday 14 June 2018 1234 PMTo Kerry Doss ltKerryDossdsdmipqldgovaugt Graeme BoltonltGraemeBoltondsdmipqldgovaugt Megan Bayntun ltMeganBayntundsdmipqldgovaugtCc Anthony Martini ltAnthonyMartinimoretonbayqldgovaugtSubject MBRC Planning Scheme Amendment Meeting 13062018 Graeme Kerry and Megan Thank you for your time yesterday Tony and I found the meeting most useful As discussed and agreed in principle
1 Council would document a series of proposed changes to the existing Planning SchemeAmendment that responds to the States direction to remove reference to the CIA andassociated service area non-service area concepts (see attached)
2 Subject to an iterative process between the State and council this information would thenform the basis of a conditional approval of the current major scheme amendment amp
3 The existing amendment would then be finalised by way of a conditional approval consistentwith points 1 and 2 above ASAP
Please find attached a first draft table outlining what are considered to be the necessary changesto the current amendment We would welcome your thoughts on this so that we can continue todevelop its contents with you I note you indicated that for this approach to be utilised you would need to be comfortable thatthe type of changes proposed did not constitute a substantial change As a consequence we haveincluded a column (Substantial change) that includes our appraisal of each proposed change Againwe would welcome your thoughts on this matter also It would be good to progress this matter ASAP In doing so it would be appreciated if you couldadvise when you consider you may be able to provide a response to these initial draftrepresentations In the interim should you require anything further please let me know Regards Stewart PentlandDirectorPlanning and Economic DevelopmentMoreton Bay Regional Council2 Hasking Street Caboolture Qld 4510P 07 5433 2023M Email stewartpentlandmoretonbayqldgovauwwwmoretonbayqldgovau
RTI1819-035-DSDMIP - Page 33 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in this e-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are not anamed recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legalprivilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete all copiesimmediately and contact the sender to advise of the errorIt is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liability forloss or damage arising directly or indirectly from opening this email opening any attachments or any communication errorsThe views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 34 of 55
Summary of Proposed Planning Scheme Amendment
MBRC policy end Current MBRC Planning Scheme
Advertised Proposed Planning Scheme
Amendment
Amended Proposed Planning Scheme
Amendment
Other necessary changes to achieve MBRC policy end
Substantial change
Warner growth area - o Enable conversion of existing
industryrural residential to transition to residential outcomes
o Conversion consistent with the SEQ Regional Plan identification of Warner for growth
Industry zone and rural residential surrounded by existing residential and main roads Preliminary approval (Variation) would involve - Impact assessment - Major non-compliance with the
assessment benchmarks
- Zone change to Emerging
Community - Overlay map - Structure
planned area - Level of assessment - Service Area - RAL Code
assessment No Service Area - RAL
Impact assessment
Changes - Delete reference to CIA - Delete reference to service area
non service area Result - No change to Overlay map -
Structure planned area - Level of Assessment - RAL
Code assessment
Strengthening of assessment benchmarks required in the Emerging Community Zone Code andor RAL Code - Emerging Community Zone to assist code assessment
No Maintain overlay map as advertised maintain Level of Assessment remove reference to CIA and remove reference to Service Area and Non-Service Area
Caboolture West growth area - (Area 1) - o Enable Area 1 to proceed to
development including residential and local centre
o Consistent with the SEQ Regional Planrsquos identification of Caboolture West as an expansion area
Preliminary approval (Variation) would involve - Impact assessment - Major non-compliance with the
assessment benchmarks without a Neighhourhood Development Plan for Area 1
- Area 1 - Overlay map -
Structure planned area - Level of assessment Service Area - RAL Code
assessment Non Service Area - RAL
Impact assessment
Changes - Delete reference to CIA - Delete reference to service area
non service area Result - No change to Overlay map -
Structure planned area - Level of assessment - RAL Code
assessment for SPA1
Strengthening of assessment benchmarks required in the Local Plan Zone Code andor RAL Code - Emerging Community Zone to assist code assessment
No Maintain overlay map as advertised maintain Level of Assessment remove reference to CIA remove reference to Service Area and Non-Service Area
Caboolture West growth area - (Balance of Caboolture West) - o Enable subsequent stages to
be structure planned and released through future scheme amendments
Preliminary approval (Variation) would involve - Impact assessment - Major non-compliance with the
assessment benchmarks without a Neighhourhood Development Plan for the relevant area
- Overlay map - Future Structure
plan area - Level of assessment - Impact assessment
Changes - Delete reference to CIA - Delete reference to service area
non service area Result - No change to Overlay map -
Future Structure plan area - Level of assessment - Impact
assessment
Revisit strategic framework to delete CIA and ensure strategic outcomes accurately reflect the future timing of these fronts
No Maintain overlay map as advertised remove reference to CIA Minor change to the strategic framework
Other growth areas to be structure planned and held subject to planning infrastructure requirements and financial obligations being determined o Morayfield o Burpengary east o Narangba east o Joyner
RAL application would involve - Code assessment - Major non-compliance with the
assessment benchmarks in the absence of integrated land use and infrastructure planning
MCU application would involve impact assessment
- Overlay Map - Future structure
planned area - Level of assessment - RAL
Impact assessment - Major non-compliance with the
assessment benchmarks in the absence of integrated land use and infrastructure planning including the strategic outcomes
Changes - Delete references to CIA in the
strategic framework - Delete references to service
area non service area Result - No change to Overlay map -
Future structure planned area
Revisit strategic framework to delete CIA and ensure strategic outcomes accurately reflect the future timing of these fronts
No Maintain overlay map as advertised maintain Level of Assessment and remove reference to CIA
RTI1819-035-DSDMIP - Page 35 of 55
MBRC policy end Current MBRC Planning
Scheme Advertised Proposed
Planning Scheme Amendment
Amended Proposed Planning Scheme
Amendment
Other necessary changes to achieve MBRC policy end
Substantial change
- No change to Level of assessment - RAL Impact assessment
Balance of Proposed Planning Scheme Amendment
Not applicable
Changes proposed (carports setbacks sheds etc)
No further changes to the proposed Planning Scheme Amendment as provided post consultation
Not applicable
Not applicable
RTI1819-035-DSDMIP - Page 36 of 55
From Graeme BoltonTo Stewart Pentland Kerry Doss Megan BayntunCc Anthony MartiniSubject RE MBRC Planning Scheme Amendment Meeting 13062018Date Monday 18 June 2018 82200 AMAttachments image001png
image002jpg
Hi Stewart Thank you for providing the attached table and below information As per Kerryrsquos email we willreview and respond as soon as possible Regards Graeme
Graeme BoltonExecutive Director Planning and Development ServicesPlanning GroupDepartment of State Development Manufacturing Infrastructure and Planning---------------------------------------------------------------------------------------------------------------------------------------------
P 07 3452 6741 MLevel 13 1 William Street Brisbane QLD 4000PO Box 15009 City East QLD 4002wwwdsdmipqldgovau
From Stewart Pentland [mailtoStewartPentlandmoretonbayqldgovau] Sent Thursday 14 June 2018 1234 PMTo Kerry Doss ltKerryDossdsdmipqldgovaugt Graeme BoltonltGraemeBoltondsdmipqldgovaugt Megan Bayntun ltMeganBayntundsdmipqldgovaugtCc Anthony Martini ltAnthonyMartinimoretonbayqldgovaugtSubject MBRC Planning Scheme Amendment Meeting 13062018 Graeme Kerry and Megan Thank you for your time yesterday Tony and I found the meeting most useful As discussed and agreed in principle
1 Council would document a series of proposed changes to the existing Planning SchemeAmendment that responds to the States direction to remove reference to the CIA andassociated service area non-service area concepts (see attached)
2 Subject to an iterative process between the State and council this information would thenform the basis of a conditional approval of the current major scheme amendment amp
3 The existing amendment would then be finalised by way of a conditional approval consistentwith points 1 and 2 above ASAP
RTI1819-035-DSDMIP - Page 37 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
Please find attached a first draft table outlining what are considered to be the necessary changesto the current amendment We would welcome your thoughts on this so that we can continue todevelop its contents with you I note you indicated that for this approach to be utilised you would need to be comfortable thatthe type of changes proposed did not constitute a substantial change As a consequence we haveincluded a column (Substantial change) that includes our appraisal of each proposed change Againwe would welcome your thoughts on this matter also It would be good to progress this matter ASAP In doing so it would be appreciated if you couldadvise when you consider you may be able to provide a response to these initial draftrepresentations In the interim should you require anything further please let me know Regards Stewart PentlandDirectorPlanning and Economic DevelopmentMoreton Bay Regional Council2 Hasking Street Caboolture Qld 4510P 07 5433 2023M Email stewartpentlandmoretonbayqldgovauwwwmoretonbayqldgovau CCR3_email_signhr
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in this e-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are not anamed recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legalprivilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete all copiesimmediately and contact the sender to advise of the errorIt is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liability forloss or damage arising directly or indirectly from opening this email opening any attachments or any communication errorsThe views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 38 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
From Graeme BoltonTo Anthony MartiniCc Ann Abbott Stewart Pentland Kerry DossSubject RE Moreton Bay Regional Council - Amendment to Planning Scheme ProgressDate Tuesday 10 July 2018 65800 PMAttachments image001png
Good afternoon Tony Thank you for your email below I do apologise for not being able to take your call I was in ameeting and then subsequently on a teleconference when you phoned As discussed last week we met with DTMR officers who agreed to provide us with additionalinformation by tomorrow We greatly appreciate the councilrsquos willingness to work with the department to find a wayforward However given the complexity of the amendments it is not as easy as you portray tohave ldquoremoved the CIA and the servicenon service area referencesrdquo All we have at this point intime is a high level table with expressed intent To give effect to this intent involves significantchanges to the proposed amendment and carries a very high risk of unintended consequencesfor the operation of the planning scheme and potential lawfulness of the amendment I amextremely concerned about agreeing to something now only to find out after the Minister hasconditionally approved the amendment that the expressed intent cannot be delivered We are endeavouring to find a solution I will advise further once we have received theadditional information from DTMR Regards Graeme
Graeme BoltonExecutive Director Planning and Development ServicesPlanning GroupDepartment of State Development Manufacturing Infrastructure and Planning--------------------------------------------------------------- ---------------------------
P 07 3452 6741 MLevel 13 1 William Street Brisbane QLD 4000PO Box 15009 City East QLD 4002wwwdsdmipqldgovau
From Anthony Martini [mailtoAnthonyMartinimoretonbayqldgovau] Sent Tuesday 10 July 2018 108 PMTo Graeme Bolton ltGraemeBoltondsdmipqldgovaugtCc Ann Abbott ltAnnAbbottmoretonbayqldgovaugt Stewart PentlandltStewartPentlandmoretonbayqldgovaugt Kerry Doss ltKerryDossdsdmipqldgovaugtSubject Moreton Bay Regional Council - Amendment to Planning Scheme Progress
RTI1819-035-DSDMIP - Page 39 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
Hi Graeme Appreciate that you are busy however I have endeavoured to make contact with you over thepast few days for the purposes of understanding where we are at with regards to receiving apartial or full draft condition set to the amendment to the planning scheme It is nearly 4 weeks since we first met at which meeting MBRC offered to remove the CIA andservice areas non service areas from the amendment and provided shortly thereafter a tablesummary of these changes for further discussion and guidance for the State and MBRC to workthrough You have advised that these changes are agreed in principle You have also advised that thechanges need to be worked through I am in a position where I need some information from you as to what is occurring and when toprovide to the CEO and Mayor From MBRCrsquos perspective we have undertaken all that has beenasked of MBRC - removed the CIA and the servicenon service area references Is there anythingelse which MBRC needs to consider I await your advice Thanks Tony
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in thise-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are nota named recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legalprivilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete allcopies immediately and contact the sender to advise of the errorIt is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liabilityfor loss or damage arising directly or indirectly from opening this email opening any attachments or any communication errorsThe views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 40 of 55
From Graeme BoltonTo Anthony MartiniCc Stewart Pentland Kerry Doss Garth NolanSubject RE Update on draft conditionsDate Thursday 5 July 2018 30400 PMAttachments image001png
image002png
Hi Tony I appreciate your concerns and we are progressing this as fast as possible As you can alsohopefully appreciate the amendment in its own right is a very large and complex document Thechanges being proposed are not unsubstantial and have multiple unintended consequencesmany of which have the potential to adversely affect matters of state interest As such we aretrying to resolve these to an acceptable level (for the state) before sharing these with you I will forward these to you as soon as possible Regards Graeme
Graeme BoltonExecutive Director Planning and Development ServicesPlanning GroupDepartment of State Development Manufacturing Infrastructure and Planning---------------------------------------------------------------------------------------------------------------------------------------------
P 07 3452 6741 MLevel 13 1 William Street Brisbane QLD 4000PO Box 15009 City East QLD 4002wwwdsdmipqldgovau
From Anthony Martini [mailtoAnthonyMartinimoretonbayqldgovau] Sent Tuesday 3 July 2018 543 PMTo Graeme Bolton ltGraemeBoltondsdmipqldgovaugtCc Stewart Pentland ltStewartPentlandmoretonbayqldgovaugt Kerry DossltKerryDossdsdmipqldgovaugt Garth Nolan ltGarthNolandsdmipqldgovaugtSubject RE Update on draft conditions Hi Graeme Thank you for the update It would be good to catch up sooner rather than later as it is fast approaching 3 weeks since ourinitial meeting I can advise that the Mayor sought advice from me as to where the amendmentwas at - as I had advised him 10 days ago that a draft set was to be available with a day or so As discussed our preference is to collaboratively work on the content of the draft conditions Itwould be appreciated if you could send through the balance of the approval and conditions now
RTI1819-035-DSDMIP - Page 41 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
this will enable us to get the process moving Thanks Tony
From Graeme Bolton [mailtoGraemeBoltondsdmipqldgovau] Sent Tuesday 3 July 2018 307 PMTo Anthony Martini ltAnthonyMartinimoretonbayqldgovaugtCc Stewart Pentland ltStewartPentlandmoretonbayqldgovaugt Kerry DossltKerryDossdsdmipqldgovaugt Garth Nolan ltGarthNolandsdmipqldgovaugtSubject Update on draft conditions Hi Tony As previously advised I met with senior officers from DTMR today to discuss some concernstheyrsquove raised in respect to conditioning the proposed amendment I believe we have a wayforward and DTMR are working on a couple of options as a matter of priority I am expecting tohave something back from DTMR mid next week We will continue to work closely with them totry and get something out sooner As previously discussed we will share the draft conditions once we are satisfied with them Wewould be happy to work with you to ensure they are workable from councilrsquos perspective Regards Graeme
Graeme BoltonExecutive Director Planning and Development ServicesPlanning GroupDepartment of State Development Manufacturing Infrastructure and Planning---------------------------------------------------------------- -------------------------------
P 07 3452 6741 MLevel 13 1 William Street Brisbane QLD 4000PO Box 15009 City East QLD 4002wwwdsdmipqldgovau
This email and any attachments may contain confidential or privileged information and may be protected by copyright Youmust not use or disclose them other than for the purposes for which they were supplied The confidentiality and privilegeattached to this message and attachment is not waived by reason of mistaken delivery to you If you are not the intendedrecipient you must not use disclose retain forward or reproduce this message or any attachments If you receive thismessage in error please notify the sender by return email or telephone and destroy and delete all copies The Departmentdoes not accept any responsibility for any loss or damage that may result from reliance on or use of any informationcontained in this email andor attachments
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in this
e-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are not
RTI1819-035-DSDMIP - Page 42 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
a named recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legal
privilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete all
copies immediately and contact the sender to advise of the error
It is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liability
for loss or damage arising directly or indirectly from opening this email opening any attachments or any communication errors
The views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 43 of 55
RTI1819-035-DSDMIP - Page 44 of 55
RTI1819-035-DSDMIP - Page 45 of 55
RTI1819-035-DSDMIP - Page 46 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
RTI1819-035-DSDMIP - Page 47 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
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RTI1819-035-DSDMIP - Page 54 of 55
RTI1819-035-DSDMIP - Page 55 of 55
Page 2 of 2
As discussed there a number of options available to the council 1 The council formally resolves and withdraws the proposed amendment and
commences a new amendment process As discussed the department would be highly supportive of utilising section 18 of the Planning Act 2016 to create a tailored amendment process (that does not require further public consultation) for the minor elements and a second tailored process (potentially requiring further public consultation) for the structure planning elements of the proposed amendment
OR 2 The council formally places the amendment process on hold and resubmits a
revised version of the proposed amendment Please note that should the council choose this option it will need to satisfy itself that the changes made do not result in a significantly different version of the proposed amendment than the version that underwent public consultation Please be advised that the Planning Minister in addition to the council will also need to be satisfied that the changes made do not result in a significantly different version of the proposed amendment then that which underwent public consultation The department is of the view (noting that it has not seen any possible changes) that it is highly likely that any changes made in respect to removing the CIA from the proposed amendment will be likely to result in a significantly different version
OR 3 The Planning Minister considers and decides the proposed amendment in its
current form
As discussed in respect to options 1 and 2 above the department is strongly supportive of coordinating the input of the Department of Transport and Main Roads and the Department of Environment and Science to resolve the outstanding matters of state interest It would be greatly appreciated if the council could formally advise the department of its preferred option by close of business on Friday 10 August 2018 If no advice has been received by this date the department will progress the proposed amendment for the Planning Ministerrsquos considers and decision in its current form If you require any further information please contact Mr Graeme Bolton Executive Director Planning Group Department of State Development Manufacturing Infrastructure and Planning on (07) 3452 6741 or Graemeboltondsdmipqldgovau who will be pleased to assist Yours sincerely
Kerry Doss Deputy Director-General
RTI1819-035-DSDMIP - Page 15 of 55
1
Anne Wood
From Kerry DossSent Saturday 16 June 2018 1034 AMTo Stewart Pentland Graeme Bolton Megan BayntunCc Anthony MartiniSubject Re MBRC Planning Scheme Amendment Meeting 13062018
Thanks Stuart We will consider and come back to you Regards Kerry Doss Kerry Doss Deputy Director‐General Planning Group Department of State Development Manufacturing Infrastructure amp Planning P 07 3452 7909 ME kerry dossdsdmip qldgovau
From Stewart Pentland ltStewartPentlandmoretonbayqldgovaugt Sent Thursday June 14 2018 123348 PM To Kerry Doss Graeme Bolton Megan Bayntun Cc Anthony Martini Subject MBRC Planning Scheme Amendment Meeting 13062018 Graeme Kerry and Megan Thank you for your time yesterday Tony and I found the meeting most useful As discussed and agreed in principle
1 Council would document a series of proposed changes to the existing Planning Scheme Amendment that responds to the States direction to remove reference to the CIA and associated service area non‐service area concepts (see attached)
2 Subject to an iterative process between the State and council this information would then form the basis of a conditional approval of the current major scheme amendment amp
3 The existing amendment would then be finalised by way of a conditional approval consistent with points 1 and 2 above ASAP
Please find attached a first draft table outlining what are considered to be the necessary changes to the current amendment We would welcome your thoughts on this so that we can continue to develop its contents with you I note you indicated that for this approach to be utilised you would need to be comfortable that the type of changes proposed did not constitute a substantial change As a consequence we have included a column (Substantial change) that includes our appraisal of each proposed change Again we would welcome your thoughts on this matter also It would be good to progress this matter ASAP In doing so it would be appreciated if you could advise when you consider you may be able to provide a response to these initial draft representations In the interim should you require anything further please let me know
RTI1819-035-DSDMIP - Page 16 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
2
Regards Stewart Pentland Director Planning and Economic Development Moreton Bay Regional Council 2 Hasking Street Caboolture Qld 4510 P 07 5433 2023 MEmail stewartpentlandmoretonbayqldgovau wwwmoretonbayqldgovau
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in this e-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are not a named recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legal privilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete all copies immediately and contact the sender to advise of the error It is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liability for loss or damage arising directly or indirectly from opening this email opening any attachments or any communication errors The views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 17 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
1
Anne Wood
From Stewart Pentland ltStewartPentlandmoretonbayqldgovaugtSent Tuesday 10 July 2018 839 PMTo Graeme BoltonCc Anthony Martini Ann Abbott Kerry DossSubject Re Moreton Bay Regional Council - Amendment to Planning Scheme Progress
Graeme I am concerned your response is straying from what council understood to be our agreement It is important from Councils perspective that the conditions are developed collaboratively Once agreement has been achieved on the conditions content they would then be finalised This was our agreement as we understood it Beyond this it is Councils responsibility to then amend its own scheme and then collaborate with the state on the proposed changes that respond to your conditions As previously discussed and agreed this would occur through a tracked change version of the scheme that we would iterate with you until agreement had been achieved Our appraisal is that those sections of the scheme included in the lsquohigh level tablersquo will be those sections of the scheme that require amendment If the above is no longer the agreement please confirm ASAP Regards Stewart
Sent from SWP iPhone On 10 Jul 2018 at 658 pm Graeme Bolton ltGraemeBoltondsdmipqldgovaugt wrote
Good afternoon Tony Thank you for your email below I do apologise for not being able to take your call I was in a meeting and then subsequently on a teleconference when you phoned As discussed last week we met with DTMR officers who agreed to provide us with additional information by tomorrow We greatly appreciate the councilrsquos willingness to work with the department to find a way forward However given the complexity of the amendments it is not as easy as you portray to have ldquoremoved the CIA and the servicenon service area referencesrdquo All we have at this point in time is a high level table with expressed intent To give effect to this intent involves significant changes to the proposed amendment and carries a very high risk of unintended consequences for the operation of the planning scheme and potential lawfulness of the amendment I am extremely concerned about agreeing to something now only to find out after the Minister has conditionally approved the amendment that the expressed intent cannot be delivered We are endeavouring to find a solution I will advise further once we have received the additional information from DTMR Regards Graeme
RTI1819-035-DSDMIP - Page 18 of 55
2
ltimage001pnggt Graeme Bolton Executive Director Planning and Development Services Planning Group Department of State Development Manufacturing Infrastructure and Planning --------------------------------------------------------------------------------------------------------------------------------------------- P 07 3452 6741 MLevel 13 1 William Street Brisbane QLD 4000 PO Box 15009 City East QLD 4002 wwwdsdmipqldgovau
From Anthony Martini [mailtoAnthonyMartinimoretonbayqldgovau] Sent Tuesday 10 July 2018 108 PM To Graeme Bolton ltGraemeBoltondsdmipqldgovaugt Cc Ann Abbott ltAnnAbbottmoretonbayqldgovaugt Stewart Pentland ltStewartPentlandmoretonbayqldgovaugt Kerry Doss ltKerryDossdsdmipqldgovaugt Subject Moreton Bay Regional Council ‐ Amendment to Planning Scheme Progress Hi Graeme Appreciate that you are busy however I have endeavoured to make contact with you over the past few days for the purposes of understanding where we are at with regards to receiving a partial or full draft condition set to the amendment to the planning scheme It is nearly 4 weeks since we first met at which meeting MBRC offered to remove the CIA and service areas non service areas from the amendment and provided shortly thereafter a table summary of these changes for further discussion and guidance for the State and MBRC to work through You have advised that these changes are agreed in principle You have also advised that the changes need to be worked through I am in a position where I need some information from you as to what is occurring and when to provide to the CEO and Mayor From MBRCrsquos perspective we have undertaken all that has been asked of MBRC ‐ removed the CIA and the servicenon service area references Is there anything else which MBRC needs to consider I await your advice Thanks Tony
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in this e-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are not a named recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legal privilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete all copies immediately and contact the sender to advise of the error It is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liability for loss or damage arising directly or indirectly from opening this email opening any attachments or any communication errors The views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 19 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in this e-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are not a named recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legal privilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete all copies immediately and contact the sender to advise of the error It is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liability for loss or damage arising directly or indirectly from opening this email opening any attachments or any communication errors The views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 20 of 55
1
Anne Wood
From Anthony Martini ltAnthonyMartinimoretonbayqldgovaugtSent Tuesday 3 July 2018 543 PMTo Graeme BoltonCc Stewart Pentland Kerry Doss Garth NolanSubject RE Update on draft conditions
Hi Graeme
Thank you for the update
It would be good to catch up sooner rather than later as it is fast approaching 3 weeks since our initial meeting I
can advise that the Mayor sought advice from me as to where the amendment was at ‐ as I had advised him 10 days
ago that a draft set was to be available with a day or so
As discussed our preference is to collaboratively work on the content of the draft conditions It would be
appreciated if you could send through the balance of the approval and conditions now this will enable us to get the
process moving
Thanks
Tony
From Graeme Bolton [mailtoGraemeBoltondsdmipqldgovau] Sent Tuesday 3 July 2018 307 PM To Anthony Martini ltAnthonyMartinimoretonbayqldgovaugt Cc Stewart Pentland ltStewartPentlandmoretonbayqldgovaugt Kerry Doss ltKerryDossdsdmipqldgovaugt Garth Nolan ltGarthNolandsdmipqldgovaugt Subject Update on draft conditions
Hi Tony
As previously advised I met with senior officers from DTMR today to discuss some concerns theyrsquove raised in
respect to conditioning the proposed amendment I believe we have a way forward and DTMR are working on a
couple of options as a matter of priority I am expecting to have something back from DTMR mid next week We will
continue to work closely with them to try and get something out sooner
As previously discussed we will share the draft conditions once we are satisfied with them We would be happy to
work with you to ensure they are workable from councilrsquos perspective Regards Graeme
RTI1819-035-DSDMIP - Page 21 of 55
2
Graeme Bolton Executive Director Planning and Development Services Planning Group Department of State Development Manufacturing Infrastructure and Planning ---------------------------------------------------------------------------------------------------------------------------------------------
P 07 3452 6741 MLevel 13 1 William Street Brisbane QLD 4000 PO Box 15009 City East QLD 4002 wwwdsdmipqldgovau
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in this e-mail and any
attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are not a named recipient any use of this
information including copying distribution and publication is prohibited Confidentiality and legal privilege are not waived or lost as a result of mistaken or
erroneous delivery If you are not a named recipient please delete all copies immediately and contact the sender to advise of the error
It is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liability for loss or damage
arising directly or indirectly from opening this email opening any attachments or any communication errors
The views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 22 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
From Anthony MartiniTo Graeme BoltonCc Stewart Pentland Kerry Doss Megan BayntunSubject RE MBRC Planning Scheme Amendment Meeting 13062018Date Monday 25 June 2018 80656 AMAttachments image002png
Hi Graeme As per texts over the weekend - Stewart and I will see you from 1030am this morning Thanks Tony
From Graeme Bolton [mailtoGraemeBoltondsdmipqldgovau] Sent Friday 22 June 2018 643 PMTo Anthony Martini ltAnthonyMartinimoretonbayqldgovaugtCc Stewart Pentland ltStewartPentlandmoretonbayqldgovaugt Kerry DossltKerryDossdsdmipqldgovaugt Megan Bayntun ltMeganBayntundsdmipqldgovaugtSubject RE MBRC Planning Scheme Amendment Meeting 13062018 Dear Tony Please accept my apologies for not being able to get back to you earlier today As indicated in mymessage I was unexpectedly tied up all afternoon in an emergent and urgent issue I have reviewed the provided table and support in principle the matters identified in column fourIn respect to the matters identified in column five I can understand and again support in theprinciple the need for additional changes However the extent of changes will need to satisfy thesignificantly different test This is something that the department and Minister cannot resolvefrom This may mean that the desired changes may need to be tempered with what can besupported at this point in time and further decisions made by the council in respect to the riskprofile and whether or not to proceed with particular elements In addition to the above we have examined a couple of mechanisms that may be open to theMinister in deciding the proposed amendment In short we are exploring (a) the ability to partrefuse and part approve subject to conditions or (b) to solely condition The key consideration isto ensure whatever recommendation is made to the Minister the eventual decision can withstandclose scrutiny In both options given the volume of changes we would be also recommending tothe Minister a closing condition that requires the council to submit the changed amendment forendorsement by the Chief Executive prior to adoption by the council Finally as discussed at our last meeting through the second state interest review the Departmentof Environment and Science (DES) identified concerns in relation to koala habitat and the WarnerInvestigation Area structure plan I have been chasing (and have not yet received) additionalinformation and mapping from DES in relation to this At this point in time we would be looking toinclude a condition addresses the protection of the remaining koala habitat I am hoping to getgreater clarity and certainty on this (in terms of scale and location) in the coming days
RTI1819-035-DSDMIP - Page 23 of 55
I will give you a call on Monday to discuss Please do not hesitate to contact me in the interimshould you have questions or concerns Regards Graeme
Graeme BoltonExecutive Director Planning and Development ServicesPlanning GroupDepartment of State Development Manufacturing Infrastructure and Planning---------------------------------------------------------------------------------------------------------------------------------------------
P 07 3452 6741 MLevel 13 1 William Street Brisbane QLD 4000PO Box 15009 City East QLD 4002wwwdsdmipqldgovau
From Stewart Pentland [mailtoStewartPentlandmoretonbayqldgovau] Sent Thursday 14 June 2018 1234 PMTo Kerry Doss ltKerryDossdsdmipqldgovaugt Graeme BoltonltGraemeBoltondsdmipqldgovaugt Megan Bayntun ltMeganBayntundsdmipqldgovaugtCc Anthony Martini ltAnthonyMartinimoretonbayqldgovaugtSubject MBRC Planning Scheme Amendment Meeting 13062018 Graeme Kerry and Megan Thank you for your time yesterday Tony and I found the meeting most useful As discussed and agreed in principle
1 Council would document a series of proposed changes to the existing Planning SchemeAmendment that responds to the States direction to remove reference to the CIA andassociated service area non-service area concepts (see attached)
2 Subject to an iterative process between the State and council this information would thenform the basis of a conditional approval of the current major scheme amendment amp
3 The existing amendment would then be finalised by way of a conditional approval consistentwith points 1 and 2 above ASAP
Please find attached a first draft table outlining what are considered to be the necessary changesto the current amendment We would welcome your thoughts on this so that we can continue todevelop its contents with you I note you indicated that for this approach to be utilised you would need to be comfortable thatthe type of changes proposed did not constitute a substantial change As a consequence we haveincluded a column (Substantial change) that includes our appraisal of each proposed change Againwe would welcome your thoughts on this matter also
RTI1819-035-DSDMIP - Page 24 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
It would be good to progress this matter ASAP In doing so it would be appreciated if you couldadvise when you consider you may be able to provide a response to these initial draftrepresentations In the interim should you require anything further please let me know Regards Stewart PentlandDirectorPlanning and Economic DevelopmentMoreton Bay Regional Council2 Hasking Street Caboolture Qld 4510P 07 5433 2023MEmail stewartpentlandmoretonbayqldgovauwwwmoretonbayqldgovau
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in this e-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are not anamed recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legalprivilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete all copiesimmediately and contact the sender to advise of the errorIt is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liability forloss or damage arising directly or indirectly from opening this email opening any attachments or any communication errorsThe views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
This email and any attachments may contain confidential or privileged information and may be protected by copyright Youmust not use or disclose them other than for the purposes for which they were supplied The confidentiality and privilegeattached to this message and attachment is not waived by reason of mistaken delivery to you If you are not the intendedrecipient you must not use disclose retain forward or reproduce this message or any attachments If you receive this messagein error please notify the sender by return email or telephone and destroy and delete all copies The Department does notaccept any responsibility for any loss or damage that may result from reliance on or use of any information contained in thisemail andor attachments
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in this e-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are not anamed recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legalprivilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete all copiesimmediately and contact the sender to advise of the errorIt is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liability forloss or damage arising directly or indirectly from opening this email opening any attachments or any communication errorsThe views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 25 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
From Anthony MartiniTo Graeme BoltonCc Ann Abbott Stewart Pentland Kerry DossSubject RE Moreton Bay Regional Council - Amendment to Planning Scheme ProgressDate Wednesday 11 July 2018 114220 AMAttachments image002png
Thank you for your e-mail Graeme I look forward to your further advices re this matter My reference to timing was based upon advice provided 2 weeks ago at a meeting betweenMBRC and the State that MBRC was to receive a draft condition set the following day Thanks Tony
From Graeme Bolton [mailtoGraemeBoltondsdmipqldgovau] Sent Tuesday 10 July 2018 658 PMTo Anthony Martini ltAnthonyMartinimoretonbayqldgovaugtCc Ann Abbott ltAnnAbbottmoretonbayqldgovaugt Stewart PentlandltStewartPentlandmoretonbayqldgovaugt Kerry Doss ltKerryDossdsdmipqldgovaugtSubject RE Moreton Bay Regional Council - Amendment to Planning Scheme Progress Good afternoon Tony Thank you for your email below I do apologise for not being able to take your call I was in ameeting and then subsequently on a teleconference when you phoned As discussed last week we met with DTMR officers who agreed to provide us with additionalinformation by tomorrow We greatly appreciate the councilrsquos willingness to work with the department to find a wayforward However given the complexity of the amendments it is not as easy as you portray tohave ldquoremoved the CIA and the servicenon service area referencesrdquo All we have at this point intime is a high level table with expressed intent To give effect to this intent involves significantchanges to the proposed amendment and carries a very high risk of unintended consequencesfor the operation of the planning scheme and potential lawfulness of the amendment I amextremely concerned about agreeing to something now only to find out after the Minister hasconditionally approved the amendment that the expressed intent cannot be delivered We are endeavouring to find a solution I will advise further once we have received theadditional information from DTMR Regards Graeme
RTI1819-035-DSDMIP - Page 26 of 55
Graeme BoltonExecutive Director Planning and Development ServicesPlanning GroupDepartment of State Development Manufacturing Infrastructure and Planning---------------------------------------------------------------------------------------------------------------------------------------------
P 07 3452 6741 MLevel 13 1 William Street Brisbane QLD 4000PO Box 15009 City East QLD 4002wwwdsdmipqldgovau
From Anthony Martini [mailtoAnthonyMartinimoretonbayqldgovau] Sent Tuesday 10 July 2018 108 PMTo Graeme Bolton ltGraemeBoltondsdmipqldgovaugtCc Ann Abbott ltAnnAbbottmoretonbayqldgovaugt Stewart PentlandltStewartPentlandmoretonbayqldgovaugt Kerry Doss ltKerryDossdsdmipqldgovaugtSubject Moreton Bay Regional Council - Amendment to Planning Scheme Progress Hi Graeme Appreciate that you are busy however I have endeavoured to make contact with you over thepast few days for the purposes of understanding where we are at with regards to receiving apartial or full draft condition set to the amendment to the planning scheme It is nearly 4 weeks since we first met at which meeting MBRC offered to remove the CIA andservice areas non service areas from the amendment and provided shortly thereafter a tablesummary of these changes for further discussion and guidance for the State and MBRC to workthrough You have advised that these changes are agreed in principle You have also advised that thechanges need to be worked through I am in a position where I need some information from you as to what is occurring and when toprovide to the CEO and Mayor From MBRCrsquos perspective we have undertaken all that has beenasked of MBRC - removed the CIA and the servicenon service area references Is there anythingelse which MBRC needs to consider I await your advice Thanks Tony
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in thise-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are not
RTI1819-035-DSDMIP - Page 27 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
a named recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legalprivilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete allcopies immediately and contact the sender to advise of the errorIt is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liabilityfor loss or damage arising directly or indirectly from opening this email opening any attachments or any communication errorsThe views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
This email and any attachments may contain confidential or privileged information and may be protected by copyright Youmust not use or disclose them other than for the purposes for which they were supplied The confidentiality and privilegeattached to this message and attachment is not waived by reason of mistaken delivery to you If you are not the intendedrecipient you must not use disclose retain forward or reproduce this message or any attachments If you receive thismessage in error please notify the sender by return email or telephone and destroy and delete all copies The Departmentdoes not accept any responsibility for any loss or damage that may result from reliance on or use of any informationcontained in this email andor attachments
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in thise-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are nota named recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legalprivilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete allcopies immediately and contact the sender to advise of the errorIt is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liabilityfor loss or damage arising directly or indirectly from opening this email opening any attachments or any communication errorsThe views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 28 of 55
1
Anne Wood
Subject Discussion regarding DILGPs position and proposed changes to MBRC - Major Amendment 2Location ltlt1 William Street (1WS) - 36 Floor - Meet 3614gtgt
Organizer Cindy WaltonRequired AttendeesCindy Walton Barbara Ryan Christine ONeill kateislesmoretonbayqldgovau
stewartpentlandmoretonbayqldgovau Graeme Bolton Tess PickeringOptional AttendeesBen Caldwell Ian Wright
Booking Confirmation Your room booking has been accepted with the following booking confirmation details below Building 1 William Street (1WS) Floor 36 Room Meet 3614 Room Setup Meeting Room Info Number Attending 12 Date 12 May 2017 From 1100AM To 1230PM Booked By Cindy Walton Host Cindy Walton Booking ID148766 To Join the meeting please dial sip+61730272906qgaaadqldgovau Notes Recurrence Dates Note 1 If you have booked conferencing resources please cut and paste above meeting details to the Outlook meeting invitation and send update 2 For an audio connection users dial the number only 3 For video (Skype) connections users dial the full address
Organizer Anthony MartiniResources Room - Strathpine Room 2A
Good morning The venue for this meeting is Councilrsquos Strathpine office at 220 Gympie Road Strathpine Entrance to the office is via Customer Service in Hall Street where parking is available on street Upon arrival at customer service you will be asked to complete visitor paperwork and then escorted to meeting room 2A Should you have any queries regarding this meeting request please contact me as below Kind regards Ann Abbott Operations Coordinator Engineering Construction amp Maintenance Moreton Bay Regional Council Stage 3 220 Gympie Road Strathpine P 07 3480 6233 E annabbottmoretonbayqldgovau
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in this e-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are not a named recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legal privilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete all copies immediately and contact the sender to advise of the error It is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liability for loss or damage arising directly or indirectly from opening this email opening any attachments or any communication errors The views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 30 of 55
1
Anne Wood
Subject MBRC Location 1 William St Level 12 Room 1214
Shortly you will receive an email invite to enter 1 William st with instructions on what you will need to provide to
Concierge
I will meet your party in the foyer once you have signed in
Kind regards
Anne
Anne Wood AExecutive Assistant Planning and Development Services | Brisbane Department of State Development Manufacturing Infrastructure and Planning Level 13 1 William St Brisbane QLD 4000 p 07 3452 7115 | e annewooddilgpqldgovau
RTI1819-035-DSDMIP - Page 31 of 55
From Graeme BoltonTo Anthony MartiniCc Stewart Pentland Kerry Doss Megan BayntunSubject RE MBRC Planning Scheme Amendment Meeting 13062018Date Friday 22 June 2018 64200 PMAttachments image001png
Dear Tony Please accept my apologies for not being able to get back to you earlier today As indicated in mymessage I was unexpectedly tied up all afternoon in an emergent and urgent issue I have reviewed the provided table and support in principle the matters identified in column fourIn respect to the matters identified in column five I can understand and again support in theprinciple the need for additional changes However the extent of changes will need to satisfy thesignificantly different test This is something that the department and Minister cannot resolvefrom This may mean that the desired changes may need to be tempered with what can besupported at this point in time and further decisions made by the council in respect to the riskprofile and whether or not to proceed with particular elements In addition to the above we have examined a couple of mechanisms that may be open to theMinister in deciding the proposed amendment In short we are exploring (a) the ability to partrefuse and part approve subject to conditions or (b) to solely condition The key consideration isto ensure whatever recommendation is made to the Minister the eventual decision can withstandclose scrutiny In both options given the volume of changes we would be also recommending tothe Minister a closing condition that requires the council to submit the changed amendment forendorsement by the Chief Executive prior to adoption by the council Finally as discussed at our last meeting through the second state interest review the Departmentof Environment and Science (DES) identified concerns in relation to koala habitat and the WarnerInvestigation Area structure plan I have been chasing (and have not yet received) additionalinformation and mapping from DES in relation to this At this point in time we would be looking toinclude a condition addresses the protection of the remaining koala habitat I am hoping to getgreater clarity and certainty on this (in terms of scale and location) in the coming days I will give you a call on Monday to discuss Please do not hesitate to contact me in the interimshould you have questions or concerns Regards Graeme
Graeme BoltonExecutive Director Planning and Development ServicesPlanning GroupDepartment of State Development Manufacturing Infrastructure and Planning---------------------------------------------------------------------------------------------------------------------------------------------
P 07 3452 6741 MLevel 13 1 William Street Brisbane QLD 4000
RTI1819-035-DSDMIP - Page 32 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
Summary of Proposed Planning Scheme Amendment
MBRC policy end Current MBRC Planning Scheme
Advertised Proposed Planning Scheme
Amendment
Amended Proposed Planning Scheme
Amendment
Other necessary changes to achieve MBRC policy end
Substantial change
Warner growth area - o Enable conversion of existing
industryrural residential to transition to residential outcomes
o Conversion consistent with the SEQ Regional Plan identification of Warner for growth
Industry zone and rural residential surrounded by existing residential and main roads Preliminary approval (Variation) would involve - Impact assessment - Major non-compliance with the
assessment benchmarks
- Zone change to Emerging
Community - Overlay map - Structure
planned area - Level of assessment - Service Area - RAL Code
assessment No Service Area - RAL
Impact assessment
Changes - Delete reference to CIA - Delete reference to service area
non service area Result - No change to Overlay map -
Structure planned area - Level of Assessment - RAL
Code assessment
Strengthening of assessment benchmarks required in the Emerging Community Zone Code andor RAL Code - Emerging Community Zone to assist code assessment
No Maintain overlay map as advertised maintain Level of Assessment remove reference to CIA and remove reference to Service Area and Non-Service Area
Caboolture West growth area - (Area 1) - o Enable Area 1 to proceed to
development including residential and local centre
o Consistent with the SEQ Regional Planrsquos identification of Caboolture West as an expansion area
Preliminary approval (Variation) would involve - Impact assessment - Major non-compliance with the
assessment benchmarks without a Neighhourhood Development Plan for Area 1
- Area 1 - Overlay map -
Structure planned area - Level of assessment Service Area - RAL Code
assessment Non Service Area - RAL
Impact assessment
Changes - Delete reference to CIA - Delete reference to service area
non service area Result - No change to Overlay map -
Structure planned area - Level of assessment - RAL Code
assessment for SPA1
Strengthening of assessment benchmarks required in the Local Plan Zone Code andor RAL Code - Emerging Community Zone to assist code assessment
No Maintain overlay map as advertised maintain Level of Assessment remove reference to CIA remove reference to Service Area and Non-Service Area
Caboolture West growth area - (Balance of Caboolture West) - o Enable subsequent stages to
be structure planned and released through future scheme amendments
Preliminary approval (Variation) would involve - Impact assessment - Major non-compliance with the
assessment benchmarks without a Neighhourhood Development Plan for the relevant area
- Overlay map - Future Structure
plan area - Level of assessment - Impact assessment
Changes - Delete reference to CIA - Delete reference to service area
non service area Result - No change to Overlay map -
Future Structure plan area - Level of assessment - Impact
assessment
Revisit strategic framework to delete CIA and ensure strategic outcomes accurately reflect the future timing of these fronts
No Maintain overlay map as advertised remove reference to CIA Minor change to the strategic framework
Other growth areas to be structure planned and held subject to planning infrastructure requirements and financial obligations being determined o Morayfield o Burpengary east o Narangba east o Joyner
RAL application would involve - Code assessment - Major non-compliance with the
assessment benchmarks in the absence of integrated land use and infrastructure planning
MCU application would involve impact assessment
- Overlay Map - Future structure
planned area - Level of assessment - RAL
Impact assessment - Major non-compliance with the
assessment benchmarks in the absence of integrated land use and infrastructure planning including the strategic outcomes
Changes - Delete references to CIA in the
strategic framework - Delete references to service
area non service area Result - No change to Overlay map -
Future structure planned area
Revisit strategic framework to delete CIA and ensure strategic outcomes accurately reflect the future timing of these fronts
No Maintain overlay map as advertised maintain Level of Assessment and remove reference to CIA
MBRC policy end Current MBRC Planning
Scheme Advertised Proposed
Planning Scheme Amendment
Amended Proposed Planning Scheme
Amendment
Other necessary changes to achieve MBRC policy end
Substantial change
- No change to Level of assessment - RAL Impact assessment
Balance of Proposed Planning Scheme Amendment
Not applicable
Changes proposed (carports setbacks sheds etc)
No further changes to the proposed Planning Scheme Amendment as provided post consultation
Not applicable
Not applicable
PO Box 15009 City East QLD 4002wwwdsdmipqldgovau
From Stewart Pentland [mailtoStewartPentlandmoretonbayqldgovau] Sent Thursday 14 June 2018 1234 PMTo Kerry Doss ltKerryDossdsdmipqldgovaugt Graeme BoltonltGraemeBoltondsdmipqldgovaugt Megan Bayntun ltMeganBayntundsdmipqldgovaugtCc Anthony Martini ltAnthonyMartinimoretonbayqldgovaugtSubject MBRC Planning Scheme Amendment Meeting 13062018 Graeme Kerry and Megan Thank you for your time yesterday Tony and I found the meeting most useful As discussed and agreed in principle
1 Council would document a series of proposed changes to the existing Planning SchemeAmendment that responds to the States direction to remove reference to the CIA andassociated service area non-service area concepts (see attached)
2 Subject to an iterative process between the State and council this information would thenform the basis of a conditional approval of the current major scheme amendment amp
3 The existing amendment would then be finalised by way of a conditional approval consistentwith points 1 and 2 above ASAP
Please find attached a first draft table outlining what are considered to be the necessary changesto the current amendment We would welcome your thoughts on this so that we can continue todevelop its contents with you I note you indicated that for this approach to be utilised you would need to be comfortable thatthe type of changes proposed did not constitute a substantial change As a consequence we haveincluded a column (Substantial change) that includes our appraisal of each proposed change Againwe would welcome your thoughts on this matter also It would be good to progress this matter ASAP In doing so it would be appreciated if you couldadvise when you consider you may be able to provide a response to these initial draftrepresentations In the interim should you require anything further please let me know Regards Stewart PentlandDirectorPlanning and Economic DevelopmentMoreton Bay Regional Council2 Hasking Street Caboolture Qld 4510P 07 5433 2023M Email stewartpentlandmoretonbayqldgovauwwwmoretonbayqldgovau
RTI1819-035-DSDMIP - Page 33 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in this e-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are not anamed recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legalprivilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete all copiesimmediately and contact the sender to advise of the errorIt is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liability forloss or damage arising directly or indirectly from opening this email opening any attachments or any communication errorsThe views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 34 of 55
Summary of Proposed Planning Scheme Amendment
MBRC policy end Current MBRC Planning Scheme
Advertised Proposed Planning Scheme
Amendment
Amended Proposed Planning Scheme
Amendment
Other necessary changes to achieve MBRC policy end
Substantial change
Warner growth area - o Enable conversion of existing
industryrural residential to transition to residential outcomes
o Conversion consistent with the SEQ Regional Plan identification of Warner for growth
Industry zone and rural residential surrounded by existing residential and main roads Preliminary approval (Variation) would involve - Impact assessment - Major non-compliance with the
assessment benchmarks
- Zone change to Emerging
Community - Overlay map - Structure
planned area - Level of assessment - Service Area - RAL Code
assessment No Service Area - RAL
Impact assessment
Changes - Delete reference to CIA - Delete reference to service area
non service area Result - No change to Overlay map -
Structure planned area - Level of Assessment - RAL
Code assessment
Strengthening of assessment benchmarks required in the Emerging Community Zone Code andor RAL Code - Emerging Community Zone to assist code assessment
No Maintain overlay map as advertised maintain Level of Assessment remove reference to CIA and remove reference to Service Area and Non-Service Area
Caboolture West growth area - (Area 1) - o Enable Area 1 to proceed to
development including residential and local centre
o Consistent with the SEQ Regional Planrsquos identification of Caboolture West as an expansion area
Preliminary approval (Variation) would involve - Impact assessment - Major non-compliance with the
assessment benchmarks without a Neighhourhood Development Plan for Area 1
- Area 1 - Overlay map -
Structure planned area - Level of assessment Service Area - RAL Code
assessment Non Service Area - RAL
Impact assessment
Changes - Delete reference to CIA - Delete reference to service area
non service area Result - No change to Overlay map -
Structure planned area - Level of assessment - RAL Code
assessment for SPA1
Strengthening of assessment benchmarks required in the Local Plan Zone Code andor RAL Code - Emerging Community Zone to assist code assessment
No Maintain overlay map as advertised maintain Level of Assessment remove reference to CIA remove reference to Service Area and Non-Service Area
Caboolture West growth area - (Balance of Caboolture West) - o Enable subsequent stages to
be structure planned and released through future scheme amendments
Preliminary approval (Variation) would involve - Impact assessment - Major non-compliance with the
assessment benchmarks without a Neighhourhood Development Plan for the relevant area
- Overlay map - Future Structure
plan area - Level of assessment - Impact assessment
Changes - Delete reference to CIA - Delete reference to service area
non service area Result - No change to Overlay map -
Future Structure plan area - Level of assessment - Impact
assessment
Revisit strategic framework to delete CIA and ensure strategic outcomes accurately reflect the future timing of these fronts
No Maintain overlay map as advertised remove reference to CIA Minor change to the strategic framework
Other growth areas to be structure planned and held subject to planning infrastructure requirements and financial obligations being determined o Morayfield o Burpengary east o Narangba east o Joyner
RAL application would involve - Code assessment - Major non-compliance with the
assessment benchmarks in the absence of integrated land use and infrastructure planning
MCU application would involve impact assessment
- Overlay Map - Future structure
planned area - Level of assessment - RAL
Impact assessment - Major non-compliance with the
assessment benchmarks in the absence of integrated land use and infrastructure planning including the strategic outcomes
Changes - Delete references to CIA in the
strategic framework - Delete references to service
area non service area Result - No change to Overlay map -
Future structure planned area
Revisit strategic framework to delete CIA and ensure strategic outcomes accurately reflect the future timing of these fronts
No Maintain overlay map as advertised maintain Level of Assessment and remove reference to CIA
RTI1819-035-DSDMIP - Page 35 of 55
MBRC policy end Current MBRC Planning
Scheme Advertised Proposed
Planning Scheme Amendment
Amended Proposed Planning Scheme
Amendment
Other necessary changes to achieve MBRC policy end
Substantial change
- No change to Level of assessment - RAL Impact assessment
Balance of Proposed Planning Scheme Amendment
Not applicable
Changes proposed (carports setbacks sheds etc)
No further changes to the proposed Planning Scheme Amendment as provided post consultation
Not applicable
Not applicable
RTI1819-035-DSDMIP - Page 36 of 55
From Graeme BoltonTo Stewart Pentland Kerry Doss Megan BayntunCc Anthony MartiniSubject RE MBRC Planning Scheme Amendment Meeting 13062018Date Monday 18 June 2018 82200 AMAttachments image001png
image002jpg
Hi Stewart Thank you for providing the attached table and below information As per Kerryrsquos email we willreview and respond as soon as possible Regards Graeme
Graeme BoltonExecutive Director Planning and Development ServicesPlanning GroupDepartment of State Development Manufacturing Infrastructure and Planning---------------------------------------------------------------------------------------------------------------------------------------------
P 07 3452 6741 MLevel 13 1 William Street Brisbane QLD 4000PO Box 15009 City East QLD 4002wwwdsdmipqldgovau
From Stewart Pentland [mailtoStewartPentlandmoretonbayqldgovau] Sent Thursday 14 June 2018 1234 PMTo Kerry Doss ltKerryDossdsdmipqldgovaugt Graeme BoltonltGraemeBoltondsdmipqldgovaugt Megan Bayntun ltMeganBayntundsdmipqldgovaugtCc Anthony Martini ltAnthonyMartinimoretonbayqldgovaugtSubject MBRC Planning Scheme Amendment Meeting 13062018 Graeme Kerry and Megan Thank you for your time yesterday Tony and I found the meeting most useful As discussed and agreed in principle
1 Council would document a series of proposed changes to the existing Planning SchemeAmendment that responds to the States direction to remove reference to the CIA andassociated service area non-service area concepts (see attached)
2 Subject to an iterative process between the State and council this information would thenform the basis of a conditional approval of the current major scheme amendment amp
3 The existing amendment would then be finalised by way of a conditional approval consistentwith points 1 and 2 above ASAP
RTI1819-035-DSDMIP - Page 37 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
Please find attached a first draft table outlining what are considered to be the necessary changesto the current amendment We would welcome your thoughts on this so that we can continue todevelop its contents with you I note you indicated that for this approach to be utilised you would need to be comfortable thatthe type of changes proposed did not constitute a substantial change As a consequence we haveincluded a column (Substantial change) that includes our appraisal of each proposed change Againwe would welcome your thoughts on this matter also It would be good to progress this matter ASAP In doing so it would be appreciated if you couldadvise when you consider you may be able to provide a response to these initial draftrepresentations In the interim should you require anything further please let me know Regards Stewart PentlandDirectorPlanning and Economic DevelopmentMoreton Bay Regional Council2 Hasking Street Caboolture Qld 4510P 07 5433 2023M Email stewartpentlandmoretonbayqldgovauwwwmoretonbayqldgovau CCR3_email_signhr
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in this e-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are not anamed recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legalprivilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete all copiesimmediately and contact the sender to advise of the errorIt is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liability forloss or damage arising directly or indirectly from opening this email opening any attachments or any communication errorsThe views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 38 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
From Graeme BoltonTo Anthony MartiniCc Ann Abbott Stewart Pentland Kerry DossSubject RE Moreton Bay Regional Council - Amendment to Planning Scheme ProgressDate Tuesday 10 July 2018 65800 PMAttachments image001png
Good afternoon Tony Thank you for your email below I do apologise for not being able to take your call I was in ameeting and then subsequently on a teleconference when you phoned As discussed last week we met with DTMR officers who agreed to provide us with additionalinformation by tomorrow We greatly appreciate the councilrsquos willingness to work with the department to find a wayforward However given the complexity of the amendments it is not as easy as you portray tohave ldquoremoved the CIA and the servicenon service area referencesrdquo All we have at this point intime is a high level table with expressed intent To give effect to this intent involves significantchanges to the proposed amendment and carries a very high risk of unintended consequencesfor the operation of the planning scheme and potential lawfulness of the amendment I amextremely concerned about agreeing to something now only to find out after the Minister hasconditionally approved the amendment that the expressed intent cannot be delivered We are endeavouring to find a solution I will advise further once we have received theadditional information from DTMR Regards Graeme
Graeme BoltonExecutive Director Planning and Development ServicesPlanning GroupDepartment of State Development Manufacturing Infrastructure and Planning--------------------------------------------------------------- ---------------------------
P 07 3452 6741 MLevel 13 1 William Street Brisbane QLD 4000PO Box 15009 City East QLD 4002wwwdsdmipqldgovau
From Anthony Martini [mailtoAnthonyMartinimoretonbayqldgovau] Sent Tuesday 10 July 2018 108 PMTo Graeme Bolton ltGraemeBoltondsdmipqldgovaugtCc Ann Abbott ltAnnAbbottmoretonbayqldgovaugt Stewart PentlandltStewartPentlandmoretonbayqldgovaugt Kerry Doss ltKerryDossdsdmipqldgovaugtSubject Moreton Bay Regional Council - Amendment to Planning Scheme Progress
RTI1819-035-DSDMIP - Page 39 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
Hi Graeme Appreciate that you are busy however I have endeavoured to make contact with you over thepast few days for the purposes of understanding where we are at with regards to receiving apartial or full draft condition set to the amendment to the planning scheme It is nearly 4 weeks since we first met at which meeting MBRC offered to remove the CIA andservice areas non service areas from the amendment and provided shortly thereafter a tablesummary of these changes for further discussion and guidance for the State and MBRC to workthrough You have advised that these changes are agreed in principle You have also advised that thechanges need to be worked through I am in a position where I need some information from you as to what is occurring and when toprovide to the CEO and Mayor From MBRCrsquos perspective we have undertaken all that has beenasked of MBRC - removed the CIA and the servicenon service area references Is there anythingelse which MBRC needs to consider I await your advice Thanks Tony
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in thise-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are nota named recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legalprivilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete allcopies immediately and contact the sender to advise of the errorIt is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liabilityfor loss or damage arising directly or indirectly from opening this email opening any attachments or any communication errorsThe views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 40 of 55
From Graeme BoltonTo Anthony MartiniCc Stewart Pentland Kerry Doss Garth NolanSubject RE Update on draft conditionsDate Thursday 5 July 2018 30400 PMAttachments image001png
image002png
Hi Tony I appreciate your concerns and we are progressing this as fast as possible As you can alsohopefully appreciate the amendment in its own right is a very large and complex document Thechanges being proposed are not unsubstantial and have multiple unintended consequencesmany of which have the potential to adversely affect matters of state interest As such we aretrying to resolve these to an acceptable level (for the state) before sharing these with you I will forward these to you as soon as possible Regards Graeme
Graeme BoltonExecutive Director Planning and Development ServicesPlanning GroupDepartment of State Development Manufacturing Infrastructure and Planning---------------------------------------------------------------------------------------------------------------------------------------------
P 07 3452 6741 MLevel 13 1 William Street Brisbane QLD 4000PO Box 15009 City East QLD 4002wwwdsdmipqldgovau
From Anthony Martini [mailtoAnthonyMartinimoretonbayqldgovau] Sent Tuesday 3 July 2018 543 PMTo Graeme Bolton ltGraemeBoltondsdmipqldgovaugtCc Stewart Pentland ltStewartPentlandmoretonbayqldgovaugt Kerry DossltKerryDossdsdmipqldgovaugt Garth Nolan ltGarthNolandsdmipqldgovaugtSubject RE Update on draft conditions Hi Graeme Thank you for the update It would be good to catch up sooner rather than later as it is fast approaching 3 weeks since ourinitial meeting I can advise that the Mayor sought advice from me as to where the amendmentwas at - as I had advised him 10 days ago that a draft set was to be available with a day or so As discussed our preference is to collaboratively work on the content of the draft conditions Itwould be appreciated if you could send through the balance of the approval and conditions now
RTI1819-035-DSDMIP - Page 41 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
this will enable us to get the process moving Thanks Tony
From Graeme Bolton [mailtoGraemeBoltondsdmipqldgovau] Sent Tuesday 3 July 2018 307 PMTo Anthony Martini ltAnthonyMartinimoretonbayqldgovaugtCc Stewart Pentland ltStewartPentlandmoretonbayqldgovaugt Kerry DossltKerryDossdsdmipqldgovaugt Garth Nolan ltGarthNolandsdmipqldgovaugtSubject Update on draft conditions Hi Tony As previously advised I met with senior officers from DTMR today to discuss some concernstheyrsquove raised in respect to conditioning the proposed amendment I believe we have a wayforward and DTMR are working on a couple of options as a matter of priority I am expecting tohave something back from DTMR mid next week We will continue to work closely with them totry and get something out sooner As previously discussed we will share the draft conditions once we are satisfied with them Wewould be happy to work with you to ensure they are workable from councilrsquos perspective Regards Graeme
Graeme BoltonExecutive Director Planning and Development ServicesPlanning GroupDepartment of State Development Manufacturing Infrastructure and Planning---------------------------------------------------------------- -------------------------------
P 07 3452 6741 MLevel 13 1 William Street Brisbane QLD 4000PO Box 15009 City East QLD 4002wwwdsdmipqldgovau
This email and any attachments may contain confidential or privileged information and may be protected by copyright Youmust not use or disclose them other than for the purposes for which they were supplied The confidentiality and privilegeattached to this message and attachment is not waived by reason of mistaken delivery to you If you are not the intendedrecipient you must not use disclose retain forward or reproduce this message or any attachments If you receive thismessage in error please notify the sender by return email or telephone and destroy and delete all copies The Departmentdoes not accept any responsibility for any loss or damage that may result from reliance on or use of any informationcontained in this email andor attachments
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in this
e-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are not
RTI1819-035-DSDMIP - Page 42 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
a named recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legal
privilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete all
copies immediately and contact the sender to advise of the error
It is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liability
for loss or damage arising directly or indirectly from opening this email opening any attachments or any communication errors
The views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 43 of 55
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Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
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1
Anne Wood
From Kerry DossSent Saturday 16 June 2018 1034 AMTo Stewart Pentland Graeme Bolton Megan BayntunCc Anthony MartiniSubject Re MBRC Planning Scheme Amendment Meeting 13062018
Thanks Stuart We will consider and come back to you Regards Kerry Doss Kerry Doss Deputy Director‐General Planning Group Department of State Development Manufacturing Infrastructure amp Planning P 07 3452 7909 ME kerry dossdsdmip qldgovau
From Stewart Pentland ltStewartPentlandmoretonbayqldgovaugt Sent Thursday June 14 2018 123348 PM To Kerry Doss Graeme Bolton Megan Bayntun Cc Anthony Martini Subject MBRC Planning Scheme Amendment Meeting 13062018 Graeme Kerry and Megan Thank you for your time yesterday Tony and I found the meeting most useful As discussed and agreed in principle
1 Council would document a series of proposed changes to the existing Planning Scheme Amendment that responds to the States direction to remove reference to the CIA and associated service area non‐service area concepts (see attached)
2 Subject to an iterative process between the State and council this information would then form the basis of a conditional approval of the current major scheme amendment amp
3 The existing amendment would then be finalised by way of a conditional approval consistent with points 1 and 2 above ASAP
Please find attached a first draft table outlining what are considered to be the necessary changes to the current amendment We would welcome your thoughts on this so that we can continue to develop its contents with you I note you indicated that for this approach to be utilised you would need to be comfortable that the type of changes proposed did not constitute a substantial change As a consequence we have included a column (Substantial change) that includes our appraisal of each proposed change Again we would welcome your thoughts on this matter also It would be good to progress this matter ASAP In doing so it would be appreciated if you could advise when you consider you may be able to provide a response to these initial draft representations In the interim should you require anything further please let me know
RTI1819-035-DSDMIP - Page 16 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
2
Regards Stewart Pentland Director Planning and Economic Development Moreton Bay Regional Council 2 Hasking Street Caboolture Qld 4510 P 07 5433 2023 MEmail stewartpentlandmoretonbayqldgovau wwwmoretonbayqldgovau
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in this e-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are not a named recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legal privilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete all copies immediately and contact the sender to advise of the error It is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liability for loss or damage arising directly or indirectly from opening this email opening any attachments or any communication errors The views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 17 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
1
Anne Wood
From Stewart Pentland ltStewartPentlandmoretonbayqldgovaugtSent Tuesday 10 July 2018 839 PMTo Graeme BoltonCc Anthony Martini Ann Abbott Kerry DossSubject Re Moreton Bay Regional Council - Amendment to Planning Scheme Progress
Graeme I am concerned your response is straying from what council understood to be our agreement It is important from Councils perspective that the conditions are developed collaboratively Once agreement has been achieved on the conditions content they would then be finalised This was our agreement as we understood it Beyond this it is Councils responsibility to then amend its own scheme and then collaborate with the state on the proposed changes that respond to your conditions As previously discussed and agreed this would occur through a tracked change version of the scheme that we would iterate with you until agreement had been achieved Our appraisal is that those sections of the scheme included in the lsquohigh level tablersquo will be those sections of the scheme that require amendment If the above is no longer the agreement please confirm ASAP Regards Stewart
Sent from SWP iPhone On 10 Jul 2018 at 658 pm Graeme Bolton ltGraemeBoltondsdmipqldgovaugt wrote
Good afternoon Tony Thank you for your email below I do apologise for not being able to take your call I was in a meeting and then subsequently on a teleconference when you phoned As discussed last week we met with DTMR officers who agreed to provide us with additional information by tomorrow We greatly appreciate the councilrsquos willingness to work with the department to find a way forward However given the complexity of the amendments it is not as easy as you portray to have ldquoremoved the CIA and the servicenon service area referencesrdquo All we have at this point in time is a high level table with expressed intent To give effect to this intent involves significant changes to the proposed amendment and carries a very high risk of unintended consequences for the operation of the planning scheme and potential lawfulness of the amendment I am extremely concerned about agreeing to something now only to find out after the Minister has conditionally approved the amendment that the expressed intent cannot be delivered We are endeavouring to find a solution I will advise further once we have received the additional information from DTMR Regards Graeme
RTI1819-035-DSDMIP - Page 18 of 55
2
ltimage001pnggt Graeme Bolton Executive Director Planning and Development Services Planning Group Department of State Development Manufacturing Infrastructure and Planning --------------------------------------------------------------------------------------------------------------------------------------------- P 07 3452 6741 MLevel 13 1 William Street Brisbane QLD 4000 PO Box 15009 City East QLD 4002 wwwdsdmipqldgovau
From Anthony Martini [mailtoAnthonyMartinimoretonbayqldgovau] Sent Tuesday 10 July 2018 108 PM To Graeme Bolton ltGraemeBoltondsdmipqldgovaugt Cc Ann Abbott ltAnnAbbottmoretonbayqldgovaugt Stewart Pentland ltStewartPentlandmoretonbayqldgovaugt Kerry Doss ltKerryDossdsdmipqldgovaugt Subject Moreton Bay Regional Council ‐ Amendment to Planning Scheme Progress Hi Graeme Appreciate that you are busy however I have endeavoured to make contact with you over the past few days for the purposes of understanding where we are at with regards to receiving a partial or full draft condition set to the amendment to the planning scheme It is nearly 4 weeks since we first met at which meeting MBRC offered to remove the CIA and service areas non service areas from the amendment and provided shortly thereafter a table summary of these changes for further discussion and guidance for the State and MBRC to work through You have advised that these changes are agreed in principle You have also advised that the changes need to be worked through I am in a position where I need some information from you as to what is occurring and when to provide to the CEO and Mayor From MBRCrsquos perspective we have undertaken all that has been asked of MBRC ‐ removed the CIA and the servicenon service area references Is there anything else which MBRC needs to consider I await your advice Thanks Tony
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in this e-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are not a named recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legal privilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete all copies immediately and contact the sender to advise of the error It is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liability for loss or damage arising directly or indirectly from opening this email opening any attachments or any communication errors The views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 19 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in this e-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are not a named recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legal privilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete all copies immediately and contact the sender to advise of the error It is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liability for loss or damage arising directly or indirectly from opening this email opening any attachments or any communication errors The views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 20 of 55
1
Anne Wood
From Anthony Martini ltAnthonyMartinimoretonbayqldgovaugtSent Tuesday 3 July 2018 543 PMTo Graeme BoltonCc Stewart Pentland Kerry Doss Garth NolanSubject RE Update on draft conditions
Hi Graeme
Thank you for the update
It would be good to catch up sooner rather than later as it is fast approaching 3 weeks since our initial meeting I
can advise that the Mayor sought advice from me as to where the amendment was at ‐ as I had advised him 10 days
ago that a draft set was to be available with a day or so
As discussed our preference is to collaboratively work on the content of the draft conditions It would be
appreciated if you could send through the balance of the approval and conditions now this will enable us to get the
process moving
Thanks
Tony
From Graeme Bolton [mailtoGraemeBoltondsdmipqldgovau] Sent Tuesday 3 July 2018 307 PM To Anthony Martini ltAnthonyMartinimoretonbayqldgovaugt Cc Stewart Pentland ltStewartPentlandmoretonbayqldgovaugt Kerry Doss ltKerryDossdsdmipqldgovaugt Garth Nolan ltGarthNolandsdmipqldgovaugt Subject Update on draft conditions
Hi Tony
As previously advised I met with senior officers from DTMR today to discuss some concerns theyrsquove raised in
respect to conditioning the proposed amendment I believe we have a way forward and DTMR are working on a
couple of options as a matter of priority I am expecting to have something back from DTMR mid next week We will
continue to work closely with them to try and get something out sooner
As previously discussed we will share the draft conditions once we are satisfied with them We would be happy to
work with you to ensure they are workable from councilrsquos perspective Regards Graeme
RTI1819-035-DSDMIP - Page 21 of 55
2
Graeme Bolton Executive Director Planning and Development Services Planning Group Department of State Development Manufacturing Infrastructure and Planning ---------------------------------------------------------------------------------------------------------------------------------------------
P 07 3452 6741 MLevel 13 1 William Street Brisbane QLD 4000 PO Box 15009 City East QLD 4002 wwwdsdmipqldgovau
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in this e-mail and any
attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are not a named recipient any use of this
information including copying distribution and publication is prohibited Confidentiality and legal privilege are not waived or lost as a result of mistaken or
erroneous delivery If you are not a named recipient please delete all copies immediately and contact the sender to advise of the error
It is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liability for loss or damage
arising directly or indirectly from opening this email opening any attachments or any communication errors
The views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 22 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
From Anthony MartiniTo Graeme BoltonCc Stewart Pentland Kerry Doss Megan BayntunSubject RE MBRC Planning Scheme Amendment Meeting 13062018Date Monday 25 June 2018 80656 AMAttachments image002png
Hi Graeme As per texts over the weekend - Stewart and I will see you from 1030am this morning Thanks Tony
From Graeme Bolton [mailtoGraemeBoltondsdmipqldgovau] Sent Friday 22 June 2018 643 PMTo Anthony Martini ltAnthonyMartinimoretonbayqldgovaugtCc Stewart Pentland ltStewartPentlandmoretonbayqldgovaugt Kerry DossltKerryDossdsdmipqldgovaugt Megan Bayntun ltMeganBayntundsdmipqldgovaugtSubject RE MBRC Planning Scheme Amendment Meeting 13062018 Dear Tony Please accept my apologies for not being able to get back to you earlier today As indicated in mymessage I was unexpectedly tied up all afternoon in an emergent and urgent issue I have reviewed the provided table and support in principle the matters identified in column fourIn respect to the matters identified in column five I can understand and again support in theprinciple the need for additional changes However the extent of changes will need to satisfy thesignificantly different test This is something that the department and Minister cannot resolvefrom This may mean that the desired changes may need to be tempered with what can besupported at this point in time and further decisions made by the council in respect to the riskprofile and whether or not to proceed with particular elements In addition to the above we have examined a couple of mechanisms that may be open to theMinister in deciding the proposed amendment In short we are exploring (a) the ability to partrefuse and part approve subject to conditions or (b) to solely condition The key consideration isto ensure whatever recommendation is made to the Minister the eventual decision can withstandclose scrutiny In both options given the volume of changes we would be also recommending tothe Minister a closing condition that requires the council to submit the changed amendment forendorsement by the Chief Executive prior to adoption by the council Finally as discussed at our last meeting through the second state interest review the Departmentof Environment and Science (DES) identified concerns in relation to koala habitat and the WarnerInvestigation Area structure plan I have been chasing (and have not yet received) additionalinformation and mapping from DES in relation to this At this point in time we would be looking toinclude a condition addresses the protection of the remaining koala habitat I am hoping to getgreater clarity and certainty on this (in terms of scale and location) in the coming days
RTI1819-035-DSDMIP - Page 23 of 55
I will give you a call on Monday to discuss Please do not hesitate to contact me in the interimshould you have questions or concerns Regards Graeme
Graeme BoltonExecutive Director Planning and Development ServicesPlanning GroupDepartment of State Development Manufacturing Infrastructure and Planning---------------------------------------------------------------------------------------------------------------------------------------------
P 07 3452 6741 MLevel 13 1 William Street Brisbane QLD 4000PO Box 15009 City East QLD 4002wwwdsdmipqldgovau
From Stewart Pentland [mailtoStewartPentlandmoretonbayqldgovau] Sent Thursday 14 June 2018 1234 PMTo Kerry Doss ltKerryDossdsdmipqldgovaugt Graeme BoltonltGraemeBoltondsdmipqldgovaugt Megan Bayntun ltMeganBayntundsdmipqldgovaugtCc Anthony Martini ltAnthonyMartinimoretonbayqldgovaugtSubject MBRC Planning Scheme Amendment Meeting 13062018 Graeme Kerry and Megan Thank you for your time yesterday Tony and I found the meeting most useful As discussed and agreed in principle
1 Council would document a series of proposed changes to the existing Planning SchemeAmendment that responds to the States direction to remove reference to the CIA andassociated service area non-service area concepts (see attached)
2 Subject to an iterative process between the State and council this information would thenform the basis of a conditional approval of the current major scheme amendment amp
3 The existing amendment would then be finalised by way of a conditional approval consistentwith points 1 and 2 above ASAP
Please find attached a first draft table outlining what are considered to be the necessary changesto the current amendment We would welcome your thoughts on this so that we can continue todevelop its contents with you I note you indicated that for this approach to be utilised you would need to be comfortable thatthe type of changes proposed did not constitute a substantial change As a consequence we haveincluded a column (Substantial change) that includes our appraisal of each proposed change Againwe would welcome your thoughts on this matter also
RTI1819-035-DSDMIP - Page 24 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
It would be good to progress this matter ASAP In doing so it would be appreciated if you couldadvise when you consider you may be able to provide a response to these initial draftrepresentations In the interim should you require anything further please let me know Regards Stewart PentlandDirectorPlanning and Economic DevelopmentMoreton Bay Regional Council2 Hasking Street Caboolture Qld 4510P 07 5433 2023MEmail stewartpentlandmoretonbayqldgovauwwwmoretonbayqldgovau
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in this e-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are not anamed recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legalprivilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete all copiesimmediately and contact the sender to advise of the errorIt is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liability forloss or damage arising directly or indirectly from opening this email opening any attachments or any communication errorsThe views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
This email and any attachments may contain confidential or privileged information and may be protected by copyright Youmust not use or disclose them other than for the purposes for which they were supplied The confidentiality and privilegeattached to this message and attachment is not waived by reason of mistaken delivery to you If you are not the intendedrecipient you must not use disclose retain forward or reproduce this message or any attachments If you receive this messagein error please notify the sender by return email or telephone and destroy and delete all copies The Department does notaccept any responsibility for any loss or damage that may result from reliance on or use of any information contained in thisemail andor attachments
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in this e-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are not anamed recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legalprivilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete all copiesimmediately and contact the sender to advise of the errorIt is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liability forloss or damage arising directly or indirectly from opening this email opening any attachments or any communication errorsThe views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 25 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
From Anthony MartiniTo Graeme BoltonCc Ann Abbott Stewart Pentland Kerry DossSubject RE Moreton Bay Regional Council - Amendment to Planning Scheme ProgressDate Wednesday 11 July 2018 114220 AMAttachments image002png
Thank you for your e-mail Graeme I look forward to your further advices re this matter My reference to timing was based upon advice provided 2 weeks ago at a meeting betweenMBRC and the State that MBRC was to receive a draft condition set the following day Thanks Tony
From Graeme Bolton [mailtoGraemeBoltondsdmipqldgovau] Sent Tuesday 10 July 2018 658 PMTo Anthony Martini ltAnthonyMartinimoretonbayqldgovaugtCc Ann Abbott ltAnnAbbottmoretonbayqldgovaugt Stewart PentlandltStewartPentlandmoretonbayqldgovaugt Kerry Doss ltKerryDossdsdmipqldgovaugtSubject RE Moreton Bay Regional Council - Amendment to Planning Scheme Progress Good afternoon Tony Thank you for your email below I do apologise for not being able to take your call I was in ameeting and then subsequently on a teleconference when you phoned As discussed last week we met with DTMR officers who agreed to provide us with additionalinformation by tomorrow We greatly appreciate the councilrsquos willingness to work with the department to find a wayforward However given the complexity of the amendments it is not as easy as you portray tohave ldquoremoved the CIA and the servicenon service area referencesrdquo All we have at this point intime is a high level table with expressed intent To give effect to this intent involves significantchanges to the proposed amendment and carries a very high risk of unintended consequencesfor the operation of the planning scheme and potential lawfulness of the amendment I amextremely concerned about agreeing to something now only to find out after the Minister hasconditionally approved the amendment that the expressed intent cannot be delivered We are endeavouring to find a solution I will advise further once we have received theadditional information from DTMR Regards Graeme
RTI1819-035-DSDMIP - Page 26 of 55
Graeme BoltonExecutive Director Planning and Development ServicesPlanning GroupDepartment of State Development Manufacturing Infrastructure and Planning---------------------------------------------------------------------------------------------------------------------------------------------
P 07 3452 6741 MLevel 13 1 William Street Brisbane QLD 4000PO Box 15009 City East QLD 4002wwwdsdmipqldgovau
From Anthony Martini [mailtoAnthonyMartinimoretonbayqldgovau] Sent Tuesday 10 July 2018 108 PMTo Graeme Bolton ltGraemeBoltondsdmipqldgovaugtCc Ann Abbott ltAnnAbbottmoretonbayqldgovaugt Stewart PentlandltStewartPentlandmoretonbayqldgovaugt Kerry Doss ltKerryDossdsdmipqldgovaugtSubject Moreton Bay Regional Council - Amendment to Planning Scheme Progress Hi Graeme Appreciate that you are busy however I have endeavoured to make contact with you over thepast few days for the purposes of understanding where we are at with regards to receiving apartial or full draft condition set to the amendment to the planning scheme It is nearly 4 weeks since we first met at which meeting MBRC offered to remove the CIA andservice areas non service areas from the amendment and provided shortly thereafter a tablesummary of these changes for further discussion and guidance for the State and MBRC to workthrough You have advised that these changes are agreed in principle You have also advised that thechanges need to be worked through I am in a position where I need some information from you as to what is occurring and when toprovide to the CEO and Mayor From MBRCrsquos perspective we have undertaken all that has beenasked of MBRC - removed the CIA and the servicenon service area references Is there anythingelse which MBRC needs to consider I await your advice Thanks Tony
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in thise-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are not
RTI1819-035-DSDMIP - Page 27 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
a named recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legalprivilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete allcopies immediately and contact the sender to advise of the errorIt is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liabilityfor loss or damage arising directly or indirectly from opening this email opening any attachments or any communication errorsThe views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
This email and any attachments may contain confidential or privileged information and may be protected by copyright Youmust not use or disclose them other than for the purposes for which they were supplied The confidentiality and privilegeattached to this message and attachment is not waived by reason of mistaken delivery to you If you are not the intendedrecipient you must not use disclose retain forward or reproduce this message or any attachments If you receive thismessage in error please notify the sender by return email or telephone and destroy and delete all copies The Departmentdoes not accept any responsibility for any loss or damage that may result from reliance on or use of any informationcontained in this email andor attachments
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in thise-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are nota named recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legalprivilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete allcopies immediately and contact the sender to advise of the errorIt is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liabilityfor loss or damage arising directly or indirectly from opening this email opening any attachments or any communication errorsThe views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 28 of 55
1
Anne Wood
Subject Discussion regarding DILGPs position and proposed changes to MBRC - Major Amendment 2Location ltlt1 William Street (1WS) - 36 Floor - Meet 3614gtgt
Organizer Cindy WaltonRequired AttendeesCindy Walton Barbara Ryan Christine ONeill kateislesmoretonbayqldgovau
stewartpentlandmoretonbayqldgovau Graeme Bolton Tess PickeringOptional AttendeesBen Caldwell Ian Wright
Booking Confirmation Your room booking has been accepted with the following booking confirmation details below Building 1 William Street (1WS) Floor 36 Room Meet 3614 Room Setup Meeting Room Info Number Attending 12 Date 12 May 2017 From 1100AM To 1230PM Booked By Cindy Walton Host Cindy Walton Booking ID148766 To Join the meeting please dial sip+61730272906qgaaadqldgovau Notes Recurrence Dates Note 1 If you have booked conferencing resources please cut and paste above meeting details to the Outlook meeting invitation and send update 2 For an audio connection users dial the number only 3 For video (Skype) connections users dial the full address
Organizer Anthony MartiniResources Room - Strathpine Room 2A
Good morning The venue for this meeting is Councilrsquos Strathpine office at 220 Gympie Road Strathpine Entrance to the office is via Customer Service in Hall Street where parking is available on street Upon arrival at customer service you will be asked to complete visitor paperwork and then escorted to meeting room 2A Should you have any queries regarding this meeting request please contact me as below Kind regards Ann Abbott Operations Coordinator Engineering Construction amp Maintenance Moreton Bay Regional Council Stage 3 220 Gympie Road Strathpine P 07 3480 6233 E annabbottmoretonbayqldgovau
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in this e-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are not a named recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legal privilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete all copies immediately and contact the sender to advise of the error It is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liability for loss or damage arising directly or indirectly from opening this email opening any attachments or any communication errors The views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 30 of 55
1
Anne Wood
Subject MBRC Location 1 William St Level 12 Room 1214
Shortly you will receive an email invite to enter 1 William st with instructions on what you will need to provide to
Concierge
I will meet your party in the foyer once you have signed in
Kind regards
Anne
Anne Wood AExecutive Assistant Planning and Development Services | Brisbane Department of State Development Manufacturing Infrastructure and Planning Level 13 1 William St Brisbane QLD 4000 p 07 3452 7115 | e annewooddilgpqldgovau
RTI1819-035-DSDMIP - Page 31 of 55
From Graeme BoltonTo Anthony MartiniCc Stewart Pentland Kerry Doss Megan BayntunSubject RE MBRC Planning Scheme Amendment Meeting 13062018Date Friday 22 June 2018 64200 PMAttachments image001png
Dear Tony Please accept my apologies for not being able to get back to you earlier today As indicated in mymessage I was unexpectedly tied up all afternoon in an emergent and urgent issue I have reviewed the provided table and support in principle the matters identified in column fourIn respect to the matters identified in column five I can understand and again support in theprinciple the need for additional changes However the extent of changes will need to satisfy thesignificantly different test This is something that the department and Minister cannot resolvefrom This may mean that the desired changes may need to be tempered with what can besupported at this point in time and further decisions made by the council in respect to the riskprofile and whether or not to proceed with particular elements In addition to the above we have examined a couple of mechanisms that may be open to theMinister in deciding the proposed amendment In short we are exploring (a) the ability to partrefuse and part approve subject to conditions or (b) to solely condition The key consideration isto ensure whatever recommendation is made to the Minister the eventual decision can withstandclose scrutiny In both options given the volume of changes we would be also recommending tothe Minister a closing condition that requires the council to submit the changed amendment forendorsement by the Chief Executive prior to adoption by the council Finally as discussed at our last meeting through the second state interest review the Departmentof Environment and Science (DES) identified concerns in relation to koala habitat and the WarnerInvestigation Area structure plan I have been chasing (and have not yet received) additionalinformation and mapping from DES in relation to this At this point in time we would be looking toinclude a condition addresses the protection of the remaining koala habitat I am hoping to getgreater clarity and certainty on this (in terms of scale and location) in the coming days I will give you a call on Monday to discuss Please do not hesitate to contact me in the interimshould you have questions or concerns Regards Graeme
Graeme BoltonExecutive Director Planning and Development ServicesPlanning GroupDepartment of State Development Manufacturing Infrastructure and Planning---------------------------------------------------------------------------------------------------------------------------------------------
P 07 3452 6741 MLevel 13 1 William Street Brisbane QLD 4000
RTI1819-035-DSDMIP - Page 32 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
Summary of Proposed Planning Scheme Amendment
MBRC policy end Current MBRC Planning Scheme
Advertised Proposed Planning Scheme
Amendment
Amended Proposed Planning Scheme
Amendment
Other necessary changes to achieve MBRC policy end
Substantial change
Warner growth area - o Enable conversion of existing
industryrural residential to transition to residential outcomes
o Conversion consistent with the SEQ Regional Plan identification of Warner for growth
Industry zone and rural residential surrounded by existing residential and main roads Preliminary approval (Variation) would involve - Impact assessment - Major non-compliance with the
assessment benchmarks
- Zone change to Emerging
Community - Overlay map - Structure
planned area - Level of assessment - Service Area - RAL Code
assessment No Service Area - RAL
Impact assessment
Changes - Delete reference to CIA - Delete reference to service area
non service area Result - No change to Overlay map -
Structure planned area - Level of Assessment - RAL
Code assessment
Strengthening of assessment benchmarks required in the Emerging Community Zone Code andor RAL Code - Emerging Community Zone to assist code assessment
No Maintain overlay map as advertised maintain Level of Assessment remove reference to CIA and remove reference to Service Area and Non-Service Area
Caboolture West growth area - (Area 1) - o Enable Area 1 to proceed to
development including residential and local centre
o Consistent with the SEQ Regional Planrsquos identification of Caboolture West as an expansion area
Preliminary approval (Variation) would involve - Impact assessment - Major non-compliance with the
assessment benchmarks without a Neighhourhood Development Plan for Area 1
- Area 1 - Overlay map -
Structure planned area - Level of assessment Service Area - RAL Code
assessment Non Service Area - RAL
Impact assessment
Changes - Delete reference to CIA - Delete reference to service area
non service area Result - No change to Overlay map -
Structure planned area - Level of assessment - RAL Code
assessment for SPA1
Strengthening of assessment benchmarks required in the Local Plan Zone Code andor RAL Code - Emerging Community Zone to assist code assessment
No Maintain overlay map as advertised maintain Level of Assessment remove reference to CIA remove reference to Service Area and Non-Service Area
Caboolture West growth area - (Balance of Caboolture West) - o Enable subsequent stages to
be structure planned and released through future scheme amendments
Preliminary approval (Variation) would involve - Impact assessment - Major non-compliance with the
assessment benchmarks without a Neighhourhood Development Plan for the relevant area
- Overlay map - Future Structure
plan area - Level of assessment - Impact assessment
Changes - Delete reference to CIA - Delete reference to service area
non service area Result - No change to Overlay map -
Future Structure plan area - Level of assessment - Impact
assessment
Revisit strategic framework to delete CIA and ensure strategic outcomes accurately reflect the future timing of these fronts
No Maintain overlay map as advertised remove reference to CIA Minor change to the strategic framework
Other growth areas to be structure planned and held subject to planning infrastructure requirements and financial obligations being determined o Morayfield o Burpengary east o Narangba east o Joyner
RAL application would involve - Code assessment - Major non-compliance with the
assessment benchmarks in the absence of integrated land use and infrastructure planning
MCU application would involve impact assessment
- Overlay Map - Future structure
planned area - Level of assessment - RAL
Impact assessment - Major non-compliance with the
assessment benchmarks in the absence of integrated land use and infrastructure planning including the strategic outcomes
Changes - Delete references to CIA in the
strategic framework - Delete references to service
area non service area Result - No change to Overlay map -
Future structure planned area
Revisit strategic framework to delete CIA and ensure strategic outcomes accurately reflect the future timing of these fronts
No Maintain overlay map as advertised maintain Level of Assessment and remove reference to CIA
MBRC policy end Current MBRC Planning
Scheme Advertised Proposed
Planning Scheme Amendment
Amended Proposed Planning Scheme
Amendment
Other necessary changes to achieve MBRC policy end
Substantial change
- No change to Level of assessment - RAL Impact assessment
Balance of Proposed Planning Scheme Amendment
Not applicable
Changes proposed (carports setbacks sheds etc)
No further changes to the proposed Planning Scheme Amendment as provided post consultation
Not applicable
Not applicable
PO Box 15009 City East QLD 4002wwwdsdmipqldgovau
From Stewart Pentland [mailtoStewartPentlandmoretonbayqldgovau] Sent Thursday 14 June 2018 1234 PMTo Kerry Doss ltKerryDossdsdmipqldgovaugt Graeme BoltonltGraemeBoltondsdmipqldgovaugt Megan Bayntun ltMeganBayntundsdmipqldgovaugtCc Anthony Martini ltAnthonyMartinimoretonbayqldgovaugtSubject MBRC Planning Scheme Amendment Meeting 13062018 Graeme Kerry and Megan Thank you for your time yesterday Tony and I found the meeting most useful As discussed and agreed in principle
1 Council would document a series of proposed changes to the existing Planning SchemeAmendment that responds to the States direction to remove reference to the CIA andassociated service area non-service area concepts (see attached)
2 Subject to an iterative process between the State and council this information would thenform the basis of a conditional approval of the current major scheme amendment amp
3 The existing amendment would then be finalised by way of a conditional approval consistentwith points 1 and 2 above ASAP
Please find attached a first draft table outlining what are considered to be the necessary changesto the current amendment We would welcome your thoughts on this so that we can continue todevelop its contents with you I note you indicated that for this approach to be utilised you would need to be comfortable thatthe type of changes proposed did not constitute a substantial change As a consequence we haveincluded a column (Substantial change) that includes our appraisal of each proposed change Againwe would welcome your thoughts on this matter also It would be good to progress this matter ASAP In doing so it would be appreciated if you couldadvise when you consider you may be able to provide a response to these initial draftrepresentations In the interim should you require anything further please let me know Regards Stewart PentlandDirectorPlanning and Economic DevelopmentMoreton Bay Regional Council2 Hasking Street Caboolture Qld 4510P 07 5433 2023M Email stewartpentlandmoretonbayqldgovauwwwmoretonbayqldgovau
RTI1819-035-DSDMIP - Page 33 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in this e-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are not anamed recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legalprivilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete all copiesimmediately and contact the sender to advise of the errorIt is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liability forloss or damage arising directly or indirectly from opening this email opening any attachments or any communication errorsThe views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 34 of 55
Summary of Proposed Planning Scheme Amendment
MBRC policy end Current MBRC Planning Scheme
Advertised Proposed Planning Scheme
Amendment
Amended Proposed Planning Scheme
Amendment
Other necessary changes to achieve MBRC policy end
Substantial change
Warner growth area - o Enable conversion of existing
industryrural residential to transition to residential outcomes
o Conversion consistent with the SEQ Regional Plan identification of Warner for growth
Industry zone and rural residential surrounded by existing residential and main roads Preliminary approval (Variation) would involve - Impact assessment - Major non-compliance with the
assessment benchmarks
- Zone change to Emerging
Community - Overlay map - Structure
planned area - Level of assessment - Service Area - RAL Code
assessment No Service Area - RAL
Impact assessment
Changes - Delete reference to CIA - Delete reference to service area
non service area Result - No change to Overlay map -
Structure planned area - Level of Assessment - RAL
Code assessment
Strengthening of assessment benchmarks required in the Emerging Community Zone Code andor RAL Code - Emerging Community Zone to assist code assessment
No Maintain overlay map as advertised maintain Level of Assessment remove reference to CIA and remove reference to Service Area and Non-Service Area
Caboolture West growth area - (Area 1) - o Enable Area 1 to proceed to
development including residential and local centre
o Consistent with the SEQ Regional Planrsquos identification of Caboolture West as an expansion area
Preliminary approval (Variation) would involve - Impact assessment - Major non-compliance with the
assessment benchmarks without a Neighhourhood Development Plan for Area 1
- Area 1 - Overlay map -
Structure planned area - Level of assessment Service Area - RAL Code
assessment Non Service Area - RAL
Impact assessment
Changes - Delete reference to CIA - Delete reference to service area
non service area Result - No change to Overlay map -
Structure planned area - Level of assessment - RAL Code
assessment for SPA1
Strengthening of assessment benchmarks required in the Local Plan Zone Code andor RAL Code - Emerging Community Zone to assist code assessment
No Maintain overlay map as advertised maintain Level of Assessment remove reference to CIA remove reference to Service Area and Non-Service Area
Caboolture West growth area - (Balance of Caboolture West) - o Enable subsequent stages to
be structure planned and released through future scheme amendments
Preliminary approval (Variation) would involve - Impact assessment - Major non-compliance with the
assessment benchmarks without a Neighhourhood Development Plan for the relevant area
- Overlay map - Future Structure
plan area - Level of assessment - Impact assessment
Changes - Delete reference to CIA - Delete reference to service area
non service area Result - No change to Overlay map -
Future Structure plan area - Level of assessment - Impact
assessment
Revisit strategic framework to delete CIA and ensure strategic outcomes accurately reflect the future timing of these fronts
No Maintain overlay map as advertised remove reference to CIA Minor change to the strategic framework
Other growth areas to be structure planned and held subject to planning infrastructure requirements and financial obligations being determined o Morayfield o Burpengary east o Narangba east o Joyner
RAL application would involve - Code assessment - Major non-compliance with the
assessment benchmarks in the absence of integrated land use and infrastructure planning
MCU application would involve impact assessment
- Overlay Map - Future structure
planned area - Level of assessment - RAL
Impact assessment - Major non-compliance with the
assessment benchmarks in the absence of integrated land use and infrastructure planning including the strategic outcomes
Changes - Delete references to CIA in the
strategic framework - Delete references to service
area non service area Result - No change to Overlay map -
Future structure planned area
Revisit strategic framework to delete CIA and ensure strategic outcomes accurately reflect the future timing of these fronts
No Maintain overlay map as advertised maintain Level of Assessment and remove reference to CIA
RTI1819-035-DSDMIP - Page 35 of 55
MBRC policy end Current MBRC Planning
Scheme Advertised Proposed
Planning Scheme Amendment
Amended Proposed Planning Scheme
Amendment
Other necessary changes to achieve MBRC policy end
Substantial change
- No change to Level of assessment - RAL Impact assessment
Balance of Proposed Planning Scheme Amendment
Not applicable
Changes proposed (carports setbacks sheds etc)
No further changes to the proposed Planning Scheme Amendment as provided post consultation
Not applicable
Not applicable
RTI1819-035-DSDMIP - Page 36 of 55
From Graeme BoltonTo Stewart Pentland Kerry Doss Megan BayntunCc Anthony MartiniSubject RE MBRC Planning Scheme Amendment Meeting 13062018Date Monday 18 June 2018 82200 AMAttachments image001png
image002jpg
Hi Stewart Thank you for providing the attached table and below information As per Kerryrsquos email we willreview and respond as soon as possible Regards Graeme
Graeme BoltonExecutive Director Planning and Development ServicesPlanning GroupDepartment of State Development Manufacturing Infrastructure and Planning---------------------------------------------------------------------------------------------------------------------------------------------
P 07 3452 6741 MLevel 13 1 William Street Brisbane QLD 4000PO Box 15009 City East QLD 4002wwwdsdmipqldgovau
From Stewart Pentland [mailtoStewartPentlandmoretonbayqldgovau] Sent Thursday 14 June 2018 1234 PMTo Kerry Doss ltKerryDossdsdmipqldgovaugt Graeme BoltonltGraemeBoltondsdmipqldgovaugt Megan Bayntun ltMeganBayntundsdmipqldgovaugtCc Anthony Martini ltAnthonyMartinimoretonbayqldgovaugtSubject MBRC Planning Scheme Amendment Meeting 13062018 Graeme Kerry and Megan Thank you for your time yesterday Tony and I found the meeting most useful As discussed and agreed in principle
1 Council would document a series of proposed changes to the existing Planning SchemeAmendment that responds to the States direction to remove reference to the CIA andassociated service area non-service area concepts (see attached)
2 Subject to an iterative process between the State and council this information would thenform the basis of a conditional approval of the current major scheme amendment amp
3 The existing amendment would then be finalised by way of a conditional approval consistentwith points 1 and 2 above ASAP
RTI1819-035-DSDMIP - Page 37 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
Please find attached a first draft table outlining what are considered to be the necessary changesto the current amendment We would welcome your thoughts on this so that we can continue todevelop its contents with you I note you indicated that for this approach to be utilised you would need to be comfortable thatthe type of changes proposed did not constitute a substantial change As a consequence we haveincluded a column (Substantial change) that includes our appraisal of each proposed change Againwe would welcome your thoughts on this matter also It would be good to progress this matter ASAP In doing so it would be appreciated if you couldadvise when you consider you may be able to provide a response to these initial draftrepresentations In the interim should you require anything further please let me know Regards Stewart PentlandDirectorPlanning and Economic DevelopmentMoreton Bay Regional Council2 Hasking Street Caboolture Qld 4510P 07 5433 2023M Email stewartpentlandmoretonbayqldgovauwwwmoretonbayqldgovau CCR3_email_signhr
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in this e-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are not anamed recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legalprivilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete all copiesimmediately and contact the sender to advise of the errorIt is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liability forloss or damage arising directly or indirectly from opening this email opening any attachments or any communication errorsThe views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 38 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
From Graeme BoltonTo Anthony MartiniCc Ann Abbott Stewart Pentland Kerry DossSubject RE Moreton Bay Regional Council - Amendment to Planning Scheme ProgressDate Tuesday 10 July 2018 65800 PMAttachments image001png
Good afternoon Tony Thank you for your email below I do apologise for not being able to take your call I was in ameeting and then subsequently on a teleconference when you phoned As discussed last week we met with DTMR officers who agreed to provide us with additionalinformation by tomorrow We greatly appreciate the councilrsquos willingness to work with the department to find a wayforward However given the complexity of the amendments it is not as easy as you portray tohave ldquoremoved the CIA and the servicenon service area referencesrdquo All we have at this point intime is a high level table with expressed intent To give effect to this intent involves significantchanges to the proposed amendment and carries a very high risk of unintended consequencesfor the operation of the planning scheme and potential lawfulness of the amendment I amextremely concerned about agreeing to something now only to find out after the Minister hasconditionally approved the amendment that the expressed intent cannot be delivered We are endeavouring to find a solution I will advise further once we have received theadditional information from DTMR Regards Graeme
Graeme BoltonExecutive Director Planning and Development ServicesPlanning GroupDepartment of State Development Manufacturing Infrastructure and Planning--------------------------------------------------------------- ---------------------------
P 07 3452 6741 MLevel 13 1 William Street Brisbane QLD 4000PO Box 15009 City East QLD 4002wwwdsdmipqldgovau
From Anthony Martini [mailtoAnthonyMartinimoretonbayqldgovau] Sent Tuesday 10 July 2018 108 PMTo Graeme Bolton ltGraemeBoltondsdmipqldgovaugtCc Ann Abbott ltAnnAbbottmoretonbayqldgovaugt Stewart PentlandltStewartPentlandmoretonbayqldgovaugt Kerry Doss ltKerryDossdsdmipqldgovaugtSubject Moreton Bay Regional Council - Amendment to Planning Scheme Progress
RTI1819-035-DSDMIP - Page 39 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
Hi Graeme Appreciate that you are busy however I have endeavoured to make contact with you over thepast few days for the purposes of understanding where we are at with regards to receiving apartial or full draft condition set to the amendment to the planning scheme It is nearly 4 weeks since we first met at which meeting MBRC offered to remove the CIA andservice areas non service areas from the amendment and provided shortly thereafter a tablesummary of these changes for further discussion and guidance for the State and MBRC to workthrough You have advised that these changes are agreed in principle You have also advised that thechanges need to be worked through I am in a position where I need some information from you as to what is occurring and when toprovide to the CEO and Mayor From MBRCrsquos perspective we have undertaken all that has beenasked of MBRC - removed the CIA and the servicenon service area references Is there anythingelse which MBRC needs to consider I await your advice Thanks Tony
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in thise-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are nota named recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legalprivilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete allcopies immediately and contact the sender to advise of the errorIt is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liabilityfor loss or damage arising directly or indirectly from opening this email opening any attachments or any communication errorsThe views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 40 of 55
From Graeme BoltonTo Anthony MartiniCc Stewart Pentland Kerry Doss Garth NolanSubject RE Update on draft conditionsDate Thursday 5 July 2018 30400 PMAttachments image001png
image002png
Hi Tony I appreciate your concerns and we are progressing this as fast as possible As you can alsohopefully appreciate the amendment in its own right is a very large and complex document Thechanges being proposed are not unsubstantial and have multiple unintended consequencesmany of which have the potential to adversely affect matters of state interest As such we aretrying to resolve these to an acceptable level (for the state) before sharing these with you I will forward these to you as soon as possible Regards Graeme
Graeme BoltonExecutive Director Planning and Development ServicesPlanning GroupDepartment of State Development Manufacturing Infrastructure and Planning---------------------------------------------------------------------------------------------------------------------------------------------
P 07 3452 6741 MLevel 13 1 William Street Brisbane QLD 4000PO Box 15009 City East QLD 4002wwwdsdmipqldgovau
From Anthony Martini [mailtoAnthonyMartinimoretonbayqldgovau] Sent Tuesday 3 July 2018 543 PMTo Graeme Bolton ltGraemeBoltondsdmipqldgovaugtCc Stewart Pentland ltStewartPentlandmoretonbayqldgovaugt Kerry DossltKerryDossdsdmipqldgovaugt Garth Nolan ltGarthNolandsdmipqldgovaugtSubject RE Update on draft conditions Hi Graeme Thank you for the update It would be good to catch up sooner rather than later as it is fast approaching 3 weeks since ourinitial meeting I can advise that the Mayor sought advice from me as to where the amendmentwas at - as I had advised him 10 days ago that a draft set was to be available with a day or so As discussed our preference is to collaboratively work on the content of the draft conditions Itwould be appreciated if you could send through the balance of the approval and conditions now
RTI1819-035-DSDMIP - Page 41 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
this will enable us to get the process moving Thanks Tony
From Graeme Bolton [mailtoGraemeBoltondsdmipqldgovau] Sent Tuesday 3 July 2018 307 PMTo Anthony Martini ltAnthonyMartinimoretonbayqldgovaugtCc Stewart Pentland ltStewartPentlandmoretonbayqldgovaugt Kerry DossltKerryDossdsdmipqldgovaugt Garth Nolan ltGarthNolandsdmipqldgovaugtSubject Update on draft conditions Hi Tony As previously advised I met with senior officers from DTMR today to discuss some concernstheyrsquove raised in respect to conditioning the proposed amendment I believe we have a wayforward and DTMR are working on a couple of options as a matter of priority I am expecting tohave something back from DTMR mid next week We will continue to work closely with them totry and get something out sooner As previously discussed we will share the draft conditions once we are satisfied with them Wewould be happy to work with you to ensure they are workable from councilrsquos perspective Regards Graeme
Graeme BoltonExecutive Director Planning and Development ServicesPlanning GroupDepartment of State Development Manufacturing Infrastructure and Planning---------------------------------------------------------------- -------------------------------
P 07 3452 6741 MLevel 13 1 William Street Brisbane QLD 4000PO Box 15009 City East QLD 4002wwwdsdmipqldgovau
This email and any attachments may contain confidential or privileged information and may be protected by copyright Youmust not use or disclose them other than for the purposes for which they were supplied The confidentiality and privilegeattached to this message and attachment is not waived by reason of mistaken delivery to you If you are not the intendedrecipient you must not use disclose retain forward or reproduce this message or any attachments If you receive thismessage in error please notify the sender by return email or telephone and destroy and delete all copies The Departmentdoes not accept any responsibility for any loss or damage that may result from reliance on or use of any informationcontained in this email andor attachments
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in this
e-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are not
RTI1819-035-DSDMIP - Page 42 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
a named recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legal
privilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete all
copies immediately and contact the sender to advise of the error
It is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liability
for loss or damage arising directly or indirectly from opening this email opening any attachments or any communication errors
The views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 43 of 55
RTI1819-035-DSDMIP - Page 44 of 55
RTI1819-035-DSDMIP - Page 45 of 55
RTI1819-035-DSDMIP - Page 46 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
RTI1819-035-DSDMIP - Page 47 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
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Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
RTI1819-035-DSDMIP - Page 53 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
RTI1819-035-DSDMIP - Page 54 of 55
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2
Regards Stewart Pentland Director Planning and Economic Development Moreton Bay Regional Council 2 Hasking Street Caboolture Qld 4510 P 07 5433 2023 MEmail stewartpentlandmoretonbayqldgovau wwwmoretonbayqldgovau
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in this e-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are not a named recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legal privilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete all copies immediately and contact the sender to advise of the error It is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liability for loss or damage arising directly or indirectly from opening this email opening any attachments or any communication errors The views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 17 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
1
Anne Wood
From Stewart Pentland ltStewartPentlandmoretonbayqldgovaugtSent Tuesday 10 July 2018 839 PMTo Graeme BoltonCc Anthony Martini Ann Abbott Kerry DossSubject Re Moreton Bay Regional Council - Amendment to Planning Scheme Progress
Graeme I am concerned your response is straying from what council understood to be our agreement It is important from Councils perspective that the conditions are developed collaboratively Once agreement has been achieved on the conditions content they would then be finalised This was our agreement as we understood it Beyond this it is Councils responsibility to then amend its own scheme and then collaborate with the state on the proposed changes that respond to your conditions As previously discussed and agreed this would occur through a tracked change version of the scheme that we would iterate with you until agreement had been achieved Our appraisal is that those sections of the scheme included in the lsquohigh level tablersquo will be those sections of the scheme that require amendment If the above is no longer the agreement please confirm ASAP Regards Stewart
Sent from SWP iPhone On 10 Jul 2018 at 658 pm Graeme Bolton ltGraemeBoltondsdmipqldgovaugt wrote
Good afternoon Tony Thank you for your email below I do apologise for not being able to take your call I was in a meeting and then subsequently on a teleconference when you phoned As discussed last week we met with DTMR officers who agreed to provide us with additional information by tomorrow We greatly appreciate the councilrsquos willingness to work with the department to find a way forward However given the complexity of the amendments it is not as easy as you portray to have ldquoremoved the CIA and the servicenon service area referencesrdquo All we have at this point in time is a high level table with expressed intent To give effect to this intent involves significant changes to the proposed amendment and carries a very high risk of unintended consequences for the operation of the planning scheme and potential lawfulness of the amendment I am extremely concerned about agreeing to something now only to find out after the Minister has conditionally approved the amendment that the expressed intent cannot be delivered We are endeavouring to find a solution I will advise further once we have received the additional information from DTMR Regards Graeme
RTI1819-035-DSDMIP - Page 18 of 55
2
ltimage001pnggt Graeme Bolton Executive Director Planning and Development Services Planning Group Department of State Development Manufacturing Infrastructure and Planning --------------------------------------------------------------------------------------------------------------------------------------------- P 07 3452 6741 MLevel 13 1 William Street Brisbane QLD 4000 PO Box 15009 City East QLD 4002 wwwdsdmipqldgovau
From Anthony Martini [mailtoAnthonyMartinimoretonbayqldgovau] Sent Tuesday 10 July 2018 108 PM To Graeme Bolton ltGraemeBoltondsdmipqldgovaugt Cc Ann Abbott ltAnnAbbottmoretonbayqldgovaugt Stewart Pentland ltStewartPentlandmoretonbayqldgovaugt Kerry Doss ltKerryDossdsdmipqldgovaugt Subject Moreton Bay Regional Council ‐ Amendment to Planning Scheme Progress Hi Graeme Appreciate that you are busy however I have endeavoured to make contact with you over the past few days for the purposes of understanding where we are at with regards to receiving a partial or full draft condition set to the amendment to the planning scheme It is nearly 4 weeks since we first met at which meeting MBRC offered to remove the CIA and service areas non service areas from the amendment and provided shortly thereafter a table summary of these changes for further discussion and guidance for the State and MBRC to work through You have advised that these changes are agreed in principle You have also advised that the changes need to be worked through I am in a position where I need some information from you as to what is occurring and when to provide to the CEO and Mayor From MBRCrsquos perspective we have undertaken all that has been asked of MBRC ‐ removed the CIA and the servicenon service area references Is there anything else which MBRC needs to consider I await your advice Thanks Tony
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in this e-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are not a named recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legal privilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete all copies immediately and contact the sender to advise of the error It is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liability for loss or damage arising directly or indirectly from opening this email opening any attachments or any communication errors The views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 19 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in this e-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are not a named recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legal privilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete all copies immediately and contact the sender to advise of the error It is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liability for loss or damage arising directly or indirectly from opening this email opening any attachments or any communication errors The views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 20 of 55
1
Anne Wood
From Anthony Martini ltAnthonyMartinimoretonbayqldgovaugtSent Tuesday 3 July 2018 543 PMTo Graeme BoltonCc Stewart Pentland Kerry Doss Garth NolanSubject RE Update on draft conditions
Hi Graeme
Thank you for the update
It would be good to catch up sooner rather than later as it is fast approaching 3 weeks since our initial meeting I
can advise that the Mayor sought advice from me as to where the amendment was at ‐ as I had advised him 10 days
ago that a draft set was to be available with a day or so
As discussed our preference is to collaboratively work on the content of the draft conditions It would be
appreciated if you could send through the balance of the approval and conditions now this will enable us to get the
process moving
Thanks
Tony
From Graeme Bolton [mailtoGraemeBoltondsdmipqldgovau] Sent Tuesday 3 July 2018 307 PM To Anthony Martini ltAnthonyMartinimoretonbayqldgovaugt Cc Stewart Pentland ltStewartPentlandmoretonbayqldgovaugt Kerry Doss ltKerryDossdsdmipqldgovaugt Garth Nolan ltGarthNolandsdmipqldgovaugt Subject Update on draft conditions
Hi Tony
As previously advised I met with senior officers from DTMR today to discuss some concerns theyrsquove raised in
respect to conditioning the proposed amendment I believe we have a way forward and DTMR are working on a
couple of options as a matter of priority I am expecting to have something back from DTMR mid next week We will
continue to work closely with them to try and get something out sooner
As previously discussed we will share the draft conditions once we are satisfied with them We would be happy to
work with you to ensure they are workable from councilrsquos perspective Regards Graeme
RTI1819-035-DSDMIP - Page 21 of 55
2
Graeme Bolton Executive Director Planning and Development Services Planning Group Department of State Development Manufacturing Infrastructure and Planning ---------------------------------------------------------------------------------------------------------------------------------------------
P 07 3452 6741 MLevel 13 1 William Street Brisbane QLD 4000 PO Box 15009 City East QLD 4002 wwwdsdmipqldgovau
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in this e-mail and any
attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are not a named recipient any use of this
information including copying distribution and publication is prohibited Confidentiality and legal privilege are not waived or lost as a result of mistaken or
erroneous delivery If you are not a named recipient please delete all copies immediately and contact the sender to advise of the error
It is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liability for loss or damage
arising directly or indirectly from opening this email opening any attachments or any communication errors
The views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 22 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
From Anthony MartiniTo Graeme BoltonCc Stewart Pentland Kerry Doss Megan BayntunSubject RE MBRC Planning Scheme Amendment Meeting 13062018Date Monday 25 June 2018 80656 AMAttachments image002png
Hi Graeme As per texts over the weekend - Stewart and I will see you from 1030am this morning Thanks Tony
From Graeme Bolton [mailtoGraemeBoltondsdmipqldgovau] Sent Friday 22 June 2018 643 PMTo Anthony Martini ltAnthonyMartinimoretonbayqldgovaugtCc Stewart Pentland ltStewartPentlandmoretonbayqldgovaugt Kerry DossltKerryDossdsdmipqldgovaugt Megan Bayntun ltMeganBayntundsdmipqldgovaugtSubject RE MBRC Planning Scheme Amendment Meeting 13062018 Dear Tony Please accept my apologies for not being able to get back to you earlier today As indicated in mymessage I was unexpectedly tied up all afternoon in an emergent and urgent issue I have reviewed the provided table and support in principle the matters identified in column fourIn respect to the matters identified in column five I can understand and again support in theprinciple the need for additional changes However the extent of changes will need to satisfy thesignificantly different test This is something that the department and Minister cannot resolvefrom This may mean that the desired changes may need to be tempered with what can besupported at this point in time and further decisions made by the council in respect to the riskprofile and whether or not to proceed with particular elements In addition to the above we have examined a couple of mechanisms that may be open to theMinister in deciding the proposed amendment In short we are exploring (a) the ability to partrefuse and part approve subject to conditions or (b) to solely condition The key consideration isto ensure whatever recommendation is made to the Minister the eventual decision can withstandclose scrutiny In both options given the volume of changes we would be also recommending tothe Minister a closing condition that requires the council to submit the changed amendment forendorsement by the Chief Executive prior to adoption by the council Finally as discussed at our last meeting through the second state interest review the Departmentof Environment and Science (DES) identified concerns in relation to koala habitat and the WarnerInvestigation Area structure plan I have been chasing (and have not yet received) additionalinformation and mapping from DES in relation to this At this point in time we would be looking toinclude a condition addresses the protection of the remaining koala habitat I am hoping to getgreater clarity and certainty on this (in terms of scale and location) in the coming days
RTI1819-035-DSDMIP - Page 23 of 55
I will give you a call on Monday to discuss Please do not hesitate to contact me in the interimshould you have questions or concerns Regards Graeme
Graeme BoltonExecutive Director Planning and Development ServicesPlanning GroupDepartment of State Development Manufacturing Infrastructure and Planning---------------------------------------------------------------------------------------------------------------------------------------------
P 07 3452 6741 MLevel 13 1 William Street Brisbane QLD 4000PO Box 15009 City East QLD 4002wwwdsdmipqldgovau
From Stewart Pentland [mailtoStewartPentlandmoretonbayqldgovau] Sent Thursday 14 June 2018 1234 PMTo Kerry Doss ltKerryDossdsdmipqldgovaugt Graeme BoltonltGraemeBoltondsdmipqldgovaugt Megan Bayntun ltMeganBayntundsdmipqldgovaugtCc Anthony Martini ltAnthonyMartinimoretonbayqldgovaugtSubject MBRC Planning Scheme Amendment Meeting 13062018 Graeme Kerry and Megan Thank you for your time yesterday Tony and I found the meeting most useful As discussed and agreed in principle
1 Council would document a series of proposed changes to the existing Planning SchemeAmendment that responds to the States direction to remove reference to the CIA andassociated service area non-service area concepts (see attached)
2 Subject to an iterative process between the State and council this information would thenform the basis of a conditional approval of the current major scheme amendment amp
3 The existing amendment would then be finalised by way of a conditional approval consistentwith points 1 and 2 above ASAP
Please find attached a first draft table outlining what are considered to be the necessary changesto the current amendment We would welcome your thoughts on this so that we can continue todevelop its contents with you I note you indicated that for this approach to be utilised you would need to be comfortable thatthe type of changes proposed did not constitute a substantial change As a consequence we haveincluded a column (Substantial change) that includes our appraisal of each proposed change Againwe would welcome your thoughts on this matter also
RTI1819-035-DSDMIP - Page 24 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
It would be good to progress this matter ASAP In doing so it would be appreciated if you couldadvise when you consider you may be able to provide a response to these initial draftrepresentations In the interim should you require anything further please let me know Regards Stewart PentlandDirectorPlanning and Economic DevelopmentMoreton Bay Regional Council2 Hasking Street Caboolture Qld 4510P 07 5433 2023MEmail stewartpentlandmoretonbayqldgovauwwwmoretonbayqldgovau
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in this e-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are not anamed recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legalprivilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete all copiesimmediately and contact the sender to advise of the errorIt is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liability forloss or damage arising directly or indirectly from opening this email opening any attachments or any communication errorsThe views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
This email and any attachments may contain confidential or privileged information and may be protected by copyright Youmust not use or disclose them other than for the purposes for which they were supplied The confidentiality and privilegeattached to this message and attachment is not waived by reason of mistaken delivery to you If you are not the intendedrecipient you must not use disclose retain forward or reproduce this message or any attachments If you receive this messagein error please notify the sender by return email or telephone and destroy and delete all copies The Department does notaccept any responsibility for any loss or damage that may result from reliance on or use of any information contained in thisemail andor attachments
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in this e-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are not anamed recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legalprivilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete all copiesimmediately and contact the sender to advise of the errorIt is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liability forloss or damage arising directly or indirectly from opening this email opening any attachments or any communication errorsThe views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 25 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
From Anthony MartiniTo Graeme BoltonCc Ann Abbott Stewart Pentland Kerry DossSubject RE Moreton Bay Regional Council - Amendment to Planning Scheme ProgressDate Wednesday 11 July 2018 114220 AMAttachments image002png
Thank you for your e-mail Graeme I look forward to your further advices re this matter My reference to timing was based upon advice provided 2 weeks ago at a meeting betweenMBRC and the State that MBRC was to receive a draft condition set the following day Thanks Tony
From Graeme Bolton [mailtoGraemeBoltondsdmipqldgovau] Sent Tuesday 10 July 2018 658 PMTo Anthony Martini ltAnthonyMartinimoretonbayqldgovaugtCc Ann Abbott ltAnnAbbottmoretonbayqldgovaugt Stewart PentlandltStewartPentlandmoretonbayqldgovaugt Kerry Doss ltKerryDossdsdmipqldgovaugtSubject RE Moreton Bay Regional Council - Amendment to Planning Scheme Progress Good afternoon Tony Thank you for your email below I do apologise for not being able to take your call I was in ameeting and then subsequently on a teleconference when you phoned As discussed last week we met with DTMR officers who agreed to provide us with additionalinformation by tomorrow We greatly appreciate the councilrsquos willingness to work with the department to find a wayforward However given the complexity of the amendments it is not as easy as you portray tohave ldquoremoved the CIA and the servicenon service area referencesrdquo All we have at this point intime is a high level table with expressed intent To give effect to this intent involves significantchanges to the proposed amendment and carries a very high risk of unintended consequencesfor the operation of the planning scheme and potential lawfulness of the amendment I amextremely concerned about agreeing to something now only to find out after the Minister hasconditionally approved the amendment that the expressed intent cannot be delivered We are endeavouring to find a solution I will advise further once we have received theadditional information from DTMR Regards Graeme
RTI1819-035-DSDMIP - Page 26 of 55
Graeme BoltonExecutive Director Planning and Development ServicesPlanning GroupDepartment of State Development Manufacturing Infrastructure and Planning---------------------------------------------------------------------------------------------------------------------------------------------
P 07 3452 6741 MLevel 13 1 William Street Brisbane QLD 4000PO Box 15009 City East QLD 4002wwwdsdmipqldgovau
From Anthony Martini [mailtoAnthonyMartinimoretonbayqldgovau] Sent Tuesday 10 July 2018 108 PMTo Graeme Bolton ltGraemeBoltondsdmipqldgovaugtCc Ann Abbott ltAnnAbbottmoretonbayqldgovaugt Stewart PentlandltStewartPentlandmoretonbayqldgovaugt Kerry Doss ltKerryDossdsdmipqldgovaugtSubject Moreton Bay Regional Council - Amendment to Planning Scheme Progress Hi Graeme Appreciate that you are busy however I have endeavoured to make contact with you over thepast few days for the purposes of understanding where we are at with regards to receiving apartial or full draft condition set to the amendment to the planning scheme It is nearly 4 weeks since we first met at which meeting MBRC offered to remove the CIA andservice areas non service areas from the amendment and provided shortly thereafter a tablesummary of these changes for further discussion and guidance for the State and MBRC to workthrough You have advised that these changes are agreed in principle You have also advised that thechanges need to be worked through I am in a position where I need some information from you as to what is occurring and when toprovide to the CEO and Mayor From MBRCrsquos perspective we have undertaken all that has beenasked of MBRC - removed the CIA and the servicenon service area references Is there anythingelse which MBRC needs to consider I await your advice Thanks Tony
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in thise-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are not
RTI1819-035-DSDMIP - Page 27 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
a named recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legalprivilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete allcopies immediately and contact the sender to advise of the errorIt is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liabilityfor loss or damage arising directly or indirectly from opening this email opening any attachments or any communication errorsThe views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
This email and any attachments may contain confidential or privileged information and may be protected by copyright Youmust not use or disclose them other than for the purposes for which they were supplied The confidentiality and privilegeattached to this message and attachment is not waived by reason of mistaken delivery to you If you are not the intendedrecipient you must not use disclose retain forward or reproduce this message or any attachments If you receive thismessage in error please notify the sender by return email or telephone and destroy and delete all copies The Departmentdoes not accept any responsibility for any loss or damage that may result from reliance on or use of any informationcontained in this email andor attachments
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in thise-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are nota named recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legalprivilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete allcopies immediately and contact the sender to advise of the errorIt is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liabilityfor loss or damage arising directly or indirectly from opening this email opening any attachments or any communication errorsThe views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 28 of 55
1
Anne Wood
Subject Discussion regarding DILGPs position and proposed changes to MBRC - Major Amendment 2Location ltlt1 William Street (1WS) - 36 Floor - Meet 3614gtgt
Organizer Cindy WaltonRequired AttendeesCindy Walton Barbara Ryan Christine ONeill kateislesmoretonbayqldgovau
stewartpentlandmoretonbayqldgovau Graeme Bolton Tess PickeringOptional AttendeesBen Caldwell Ian Wright
Booking Confirmation Your room booking has been accepted with the following booking confirmation details below Building 1 William Street (1WS) Floor 36 Room Meet 3614 Room Setup Meeting Room Info Number Attending 12 Date 12 May 2017 From 1100AM To 1230PM Booked By Cindy Walton Host Cindy Walton Booking ID148766 To Join the meeting please dial sip+61730272906qgaaadqldgovau Notes Recurrence Dates Note 1 If you have booked conferencing resources please cut and paste above meeting details to the Outlook meeting invitation and send update 2 For an audio connection users dial the number only 3 For video (Skype) connections users dial the full address
Organizer Anthony MartiniResources Room - Strathpine Room 2A
Good morning The venue for this meeting is Councilrsquos Strathpine office at 220 Gympie Road Strathpine Entrance to the office is via Customer Service in Hall Street where parking is available on street Upon arrival at customer service you will be asked to complete visitor paperwork and then escorted to meeting room 2A Should you have any queries regarding this meeting request please contact me as below Kind regards Ann Abbott Operations Coordinator Engineering Construction amp Maintenance Moreton Bay Regional Council Stage 3 220 Gympie Road Strathpine P 07 3480 6233 E annabbottmoretonbayqldgovau
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in this e-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are not a named recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legal privilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete all copies immediately and contact the sender to advise of the error It is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liability for loss or damage arising directly or indirectly from opening this email opening any attachments or any communication errors The views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 30 of 55
1
Anne Wood
Subject MBRC Location 1 William St Level 12 Room 1214
Shortly you will receive an email invite to enter 1 William st with instructions on what you will need to provide to
Concierge
I will meet your party in the foyer once you have signed in
Kind regards
Anne
Anne Wood AExecutive Assistant Planning and Development Services | Brisbane Department of State Development Manufacturing Infrastructure and Planning Level 13 1 William St Brisbane QLD 4000 p 07 3452 7115 | e annewooddilgpqldgovau
RTI1819-035-DSDMIP - Page 31 of 55
From Graeme BoltonTo Anthony MartiniCc Stewart Pentland Kerry Doss Megan BayntunSubject RE MBRC Planning Scheme Amendment Meeting 13062018Date Friday 22 June 2018 64200 PMAttachments image001png
Dear Tony Please accept my apologies for not being able to get back to you earlier today As indicated in mymessage I was unexpectedly tied up all afternoon in an emergent and urgent issue I have reviewed the provided table and support in principle the matters identified in column fourIn respect to the matters identified in column five I can understand and again support in theprinciple the need for additional changes However the extent of changes will need to satisfy thesignificantly different test This is something that the department and Minister cannot resolvefrom This may mean that the desired changes may need to be tempered with what can besupported at this point in time and further decisions made by the council in respect to the riskprofile and whether or not to proceed with particular elements In addition to the above we have examined a couple of mechanisms that may be open to theMinister in deciding the proposed amendment In short we are exploring (a) the ability to partrefuse and part approve subject to conditions or (b) to solely condition The key consideration isto ensure whatever recommendation is made to the Minister the eventual decision can withstandclose scrutiny In both options given the volume of changes we would be also recommending tothe Minister a closing condition that requires the council to submit the changed amendment forendorsement by the Chief Executive prior to adoption by the council Finally as discussed at our last meeting through the second state interest review the Departmentof Environment and Science (DES) identified concerns in relation to koala habitat and the WarnerInvestigation Area structure plan I have been chasing (and have not yet received) additionalinformation and mapping from DES in relation to this At this point in time we would be looking toinclude a condition addresses the protection of the remaining koala habitat I am hoping to getgreater clarity and certainty on this (in terms of scale and location) in the coming days I will give you a call on Monday to discuss Please do not hesitate to contact me in the interimshould you have questions or concerns Regards Graeme
Graeme BoltonExecutive Director Planning and Development ServicesPlanning GroupDepartment of State Development Manufacturing Infrastructure and Planning---------------------------------------------------------------------------------------------------------------------------------------------
P 07 3452 6741 MLevel 13 1 William Street Brisbane QLD 4000
RTI1819-035-DSDMIP - Page 32 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
Summary of Proposed Planning Scheme Amendment
MBRC policy end Current MBRC Planning Scheme
Advertised Proposed Planning Scheme
Amendment
Amended Proposed Planning Scheme
Amendment
Other necessary changes to achieve MBRC policy end
Substantial change
Warner growth area - o Enable conversion of existing
industryrural residential to transition to residential outcomes
o Conversion consistent with the SEQ Regional Plan identification of Warner for growth
Industry zone and rural residential surrounded by existing residential and main roads Preliminary approval (Variation) would involve - Impact assessment - Major non-compliance with the
assessment benchmarks
- Zone change to Emerging
Community - Overlay map - Structure
planned area - Level of assessment - Service Area - RAL Code
assessment No Service Area - RAL
Impact assessment
Changes - Delete reference to CIA - Delete reference to service area
non service area Result - No change to Overlay map -
Structure planned area - Level of Assessment - RAL
Code assessment
Strengthening of assessment benchmarks required in the Emerging Community Zone Code andor RAL Code - Emerging Community Zone to assist code assessment
No Maintain overlay map as advertised maintain Level of Assessment remove reference to CIA and remove reference to Service Area and Non-Service Area
Caboolture West growth area - (Area 1) - o Enable Area 1 to proceed to
development including residential and local centre
o Consistent with the SEQ Regional Planrsquos identification of Caboolture West as an expansion area
Preliminary approval (Variation) would involve - Impact assessment - Major non-compliance with the
assessment benchmarks without a Neighhourhood Development Plan for Area 1
- Area 1 - Overlay map -
Structure planned area - Level of assessment Service Area - RAL Code
assessment Non Service Area - RAL
Impact assessment
Changes - Delete reference to CIA - Delete reference to service area
non service area Result - No change to Overlay map -
Structure planned area - Level of assessment - RAL Code
assessment for SPA1
Strengthening of assessment benchmarks required in the Local Plan Zone Code andor RAL Code - Emerging Community Zone to assist code assessment
No Maintain overlay map as advertised maintain Level of Assessment remove reference to CIA remove reference to Service Area and Non-Service Area
Caboolture West growth area - (Balance of Caboolture West) - o Enable subsequent stages to
be structure planned and released through future scheme amendments
Preliminary approval (Variation) would involve - Impact assessment - Major non-compliance with the
assessment benchmarks without a Neighhourhood Development Plan for the relevant area
- Overlay map - Future Structure
plan area - Level of assessment - Impact assessment
Changes - Delete reference to CIA - Delete reference to service area
non service area Result - No change to Overlay map -
Future Structure plan area - Level of assessment - Impact
assessment
Revisit strategic framework to delete CIA and ensure strategic outcomes accurately reflect the future timing of these fronts
No Maintain overlay map as advertised remove reference to CIA Minor change to the strategic framework
Other growth areas to be structure planned and held subject to planning infrastructure requirements and financial obligations being determined o Morayfield o Burpengary east o Narangba east o Joyner
RAL application would involve - Code assessment - Major non-compliance with the
assessment benchmarks in the absence of integrated land use and infrastructure planning
MCU application would involve impact assessment
- Overlay Map - Future structure
planned area - Level of assessment - RAL
Impact assessment - Major non-compliance with the
assessment benchmarks in the absence of integrated land use and infrastructure planning including the strategic outcomes
Changes - Delete references to CIA in the
strategic framework - Delete references to service
area non service area Result - No change to Overlay map -
Future structure planned area
Revisit strategic framework to delete CIA and ensure strategic outcomes accurately reflect the future timing of these fronts
No Maintain overlay map as advertised maintain Level of Assessment and remove reference to CIA
MBRC policy end Current MBRC Planning
Scheme Advertised Proposed
Planning Scheme Amendment
Amended Proposed Planning Scheme
Amendment
Other necessary changes to achieve MBRC policy end
Substantial change
- No change to Level of assessment - RAL Impact assessment
Balance of Proposed Planning Scheme Amendment
Not applicable
Changes proposed (carports setbacks sheds etc)
No further changes to the proposed Planning Scheme Amendment as provided post consultation
Not applicable
Not applicable
PO Box 15009 City East QLD 4002wwwdsdmipqldgovau
From Stewart Pentland [mailtoStewartPentlandmoretonbayqldgovau] Sent Thursday 14 June 2018 1234 PMTo Kerry Doss ltKerryDossdsdmipqldgovaugt Graeme BoltonltGraemeBoltondsdmipqldgovaugt Megan Bayntun ltMeganBayntundsdmipqldgovaugtCc Anthony Martini ltAnthonyMartinimoretonbayqldgovaugtSubject MBRC Planning Scheme Amendment Meeting 13062018 Graeme Kerry and Megan Thank you for your time yesterday Tony and I found the meeting most useful As discussed and agreed in principle
1 Council would document a series of proposed changes to the existing Planning SchemeAmendment that responds to the States direction to remove reference to the CIA andassociated service area non-service area concepts (see attached)
2 Subject to an iterative process between the State and council this information would thenform the basis of a conditional approval of the current major scheme amendment amp
3 The existing amendment would then be finalised by way of a conditional approval consistentwith points 1 and 2 above ASAP
Please find attached a first draft table outlining what are considered to be the necessary changesto the current amendment We would welcome your thoughts on this so that we can continue todevelop its contents with you I note you indicated that for this approach to be utilised you would need to be comfortable thatthe type of changes proposed did not constitute a substantial change As a consequence we haveincluded a column (Substantial change) that includes our appraisal of each proposed change Againwe would welcome your thoughts on this matter also It would be good to progress this matter ASAP In doing so it would be appreciated if you couldadvise when you consider you may be able to provide a response to these initial draftrepresentations In the interim should you require anything further please let me know Regards Stewart PentlandDirectorPlanning and Economic DevelopmentMoreton Bay Regional Council2 Hasking Street Caboolture Qld 4510P 07 5433 2023M Email stewartpentlandmoretonbayqldgovauwwwmoretonbayqldgovau
RTI1819-035-DSDMIP - Page 33 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in this e-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are not anamed recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legalprivilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete all copiesimmediately and contact the sender to advise of the errorIt is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liability forloss or damage arising directly or indirectly from opening this email opening any attachments or any communication errorsThe views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 34 of 55
Summary of Proposed Planning Scheme Amendment
MBRC policy end Current MBRC Planning Scheme
Advertised Proposed Planning Scheme
Amendment
Amended Proposed Planning Scheme
Amendment
Other necessary changes to achieve MBRC policy end
Substantial change
Warner growth area - o Enable conversion of existing
industryrural residential to transition to residential outcomes
o Conversion consistent with the SEQ Regional Plan identification of Warner for growth
Industry zone and rural residential surrounded by existing residential and main roads Preliminary approval (Variation) would involve - Impact assessment - Major non-compliance with the
assessment benchmarks
- Zone change to Emerging
Community - Overlay map - Structure
planned area - Level of assessment - Service Area - RAL Code
assessment No Service Area - RAL
Impact assessment
Changes - Delete reference to CIA - Delete reference to service area
non service area Result - No change to Overlay map -
Structure planned area - Level of Assessment - RAL
Code assessment
Strengthening of assessment benchmarks required in the Emerging Community Zone Code andor RAL Code - Emerging Community Zone to assist code assessment
No Maintain overlay map as advertised maintain Level of Assessment remove reference to CIA and remove reference to Service Area and Non-Service Area
Caboolture West growth area - (Area 1) - o Enable Area 1 to proceed to
development including residential and local centre
o Consistent with the SEQ Regional Planrsquos identification of Caboolture West as an expansion area
Preliminary approval (Variation) would involve - Impact assessment - Major non-compliance with the
assessment benchmarks without a Neighhourhood Development Plan for Area 1
- Area 1 - Overlay map -
Structure planned area - Level of assessment Service Area - RAL Code
assessment Non Service Area - RAL
Impact assessment
Changes - Delete reference to CIA - Delete reference to service area
non service area Result - No change to Overlay map -
Structure planned area - Level of assessment - RAL Code
assessment for SPA1
Strengthening of assessment benchmarks required in the Local Plan Zone Code andor RAL Code - Emerging Community Zone to assist code assessment
No Maintain overlay map as advertised maintain Level of Assessment remove reference to CIA remove reference to Service Area and Non-Service Area
Caboolture West growth area - (Balance of Caboolture West) - o Enable subsequent stages to
be structure planned and released through future scheme amendments
Preliminary approval (Variation) would involve - Impact assessment - Major non-compliance with the
assessment benchmarks without a Neighhourhood Development Plan for the relevant area
- Overlay map - Future Structure
plan area - Level of assessment - Impact assessment
Changes - Delete reference to CIA - Delete reference to service area
non service area Result - No change to Overlay map -
Future Structure plan area - Level of assessment - Impact
assessment
Revisit strategic framework to delete CIA and ensure strategic outcomes accurately reflect the future timing of these fronts
No Maintain overlay map as advertised remove reference to CIA Minor change to the strategic framework
Other growth areas to be structure planned and held subject to planning infrastructure requirements and financial obligations being determined o Morayfield o Burpengary east o Narangba east o Joyner
RAL application would involve - Code assessment - Major non-compliance with the
assessment benchmarks in the absence of integrated land use and infrastructure planning
MCU application would involve impact assessment
- Overlay Map - Future structure
planned area - Level of assessment - RAL
Impact assessment - Major non-compliance with the
assessment benchmarks in the absence of integrated land use and infrastructure planning including the strategic outcomes
Changes - Delete references to CIA in the
strategic framework - Delete references to service
area non service area Result - No change to Overlay map -
Future structure planned area
Revisit strategic framework to delete CIA and ensure strategic outcomes accurately reflect the future timing of these fronts
No Maintain overlay map as advertised maintain Level of Assessment and remove reference to CIA
RTI1819-035-DSDMIP - Page 35 of 55
MBRC policy end Current MBRC Planning
Scheme Advertised Proposed
Planning Scheme Amendment
Amended Proposed Planning Scheme
Amendment
Other necessary changes to achieve MBRC policy end
Substantial change
- No change to Level of assessment - RAL Impact assessment
Balance of Proposed Planning Scheme Amendment
Not applicable
Changes proposed (carports setbacks sheds etc)
No further changes to the proposed Planning Scheme Amendment as provided post consultation
Not applicable
Not applicable
RTI1819-035-DSDMIP - Page 36 of 55
From Graeme BoltonTo Stewart Pentland Kerry Doss Megan BayntunCc Anthony MartiniSubject RE MBRC Planning Scheme Amendment Meeting 13062018Date Monday 18 June 2018 82200 AMAttachments image001png
image002jpg
Hi Stewart Thank you for providing the attached table and below information As per Kerryrsquos email we willreview and respond as soon as possible Regards Graeme
Graeme BoltonExecutive Director Planning and Development ServicesPlanning GroupDepartment of State Development Manufacturing Infrastructure and Planning---------------------------------------------------------------------------------------------------------------------------------------------
P 07 3452 6741 MLevel 13 1 William Street Brisbane QLD 4000PO Box 15009 City East QLD 4002wwwdsdmipqldgovau
From Stewart Pentland [mailtoStewartPentlandmoretonbayqldgovau] Sent Thursday 14 June 2018 1234 PMTo Kerry Doss ltKerryDossdsdmipqldgovaugt Graeme BoltonltGraemeBoltondsdmipqldgovaugt Megan Bayntun ltMeganBayntundsdmipqldgovaugtCc Anthony Martini ltAnthonyMartinimoretonbayqldgovaugtSubject MBRC Planning Scheme Amendment Meeting 13062018 Graeme Kerry and Megan Thank you for your time yesterday Tony and I found the meeting most useful As discussed and agreed in principle
1 Council would document a series of proposed changes to the existing Planning SchemeAmendment that responds to the States direction to remove reference to the CIA andassociated service area non-service area concepts (see attached)
2 Subject to an iterative process between the State and council this information would thenform the basis of a conditional approval of the current major scheme amendment amp
3 The existing amendment would then be finalised by way of a conditional approval consistentwith points 1 and 2 above ASAP
RTI1819-035-DSDMIP - Page 37 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
Please find attached a first draft table outlining what are considered to be the necessary changesto the current amendment We would welcome your thoughts on this so that we can continue todevelop its contents with you I note you indicated that for this approach to be utilised you would need to be comfortable thatthe type of changes proposed did not constitute a substantial change As a consequence we haveincluded a column (Substantial change) that includes our appraisal of each proposed change Againwe would welcome your thoughts on this matter also It would be good to progress this matter ASAP In doing so it would be appreciated if you couldadvise when you consider you may be able to provide a response to these initial draftrepresentations In the interim should you require anything further please let me know Regards Stewart PentlandDirectorPlanning and Economic DevelopmentMoreton Bay Regional Council2 Hasking Street Caboolture Qld 4510P 07 5433 2023M Email stewartpentlandmoretonbayqldgovauwwwmoretonbayqldgovau CCR3_email_signhr
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in this e-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are not anamed recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legalprivilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete all copiesimmediately and contact the sender to advise of the errorIt is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liability forloss or damage arising directly or indirectly from opening this email opening any attachments or any communication errorsThe views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 38 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
From Graeme BoltonTo Anthony MartiniCc Ann Abbott Stewart Pentland Kerry DossSubject RE Moreton Bay Regional Council - Amendment to Planning Scheme ProgressDate Tuesday 10 July 2018 65800 PMAttachments image001png
Good afternoon Tony Thank you for your email below I do apologise for not being able to take your call I was in ameeting and then subsequently on a teleconference when you phoned As discussed last week we met with DTMR officers who agreed to provide us with additionalinformation by tomorrow We greatly appreciate the councilrsquos willingness to work with the department to find a wayforward However given the complexity of the amendments it is not as easy as you portray tohave ldquoremoved the CIA and the servicenon service area referencesrdquo All we have at this point intime is a high level table with expressed intent To give effect to this intent involves significantchanges to the proposed amendment and carries a very high risk of unintended consequencesfor the operation of the planning scheme and potential lawfulness of the amendment I amextremely concerned about agreeing to something now only to find out after the Minister hasconditionally approved the amendment that the expressed intent cannot be delivered We are endeavouring to find a solution I will advise further once we have received theadditional information from DTMR Regards Graeme
Graeme BoltonExecutive Director Planning and Development ServicesPlanning GroupDepartment of State Development Manufacturing Infrastructure and Planning--------------------------------------------------------------- ---------------------------
P 07 3452 6741 MLevel 13 1 William Street Brisbane QLD 4000PO Box 15009 City East QLD 4002wwwdsdmipqldgovau
From Anthony Martini [mailtoAnthonyMartinimoretonbayqldgovau] Sent Tuesday 10 July 2018 108 PMTo Graeme Bolton ltGraemeBoltondsdmipqldgovaugtCc Ann Abbott ltAnnAbbottmoretonbayqldgovaugt Stewart PentlandltStewartPentlandmoretonbayqldgovaugt Kerry Doss ltKerryDossdsdmipqldgovaugtSubject Moreton Bay Regional Council - Amendment to Planning Scheme Progress
RTI1819-035-DSDMIP - Page 39 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
Hi Graeme Appreciate that you are busy however I have endeavoured to make contact with you over thepast few days for the purposes of understanding where we are at with regards to receiving apartial or full draft condition set to the amendment to the planning scheme It is nearly 4 weeks since we first met at which meeting MBRC offered to remove the CIA andservice areas non service areas from the amendment and provided shortly thereafter a tablesummary of these changes for further discussion and guidance for the State and MBRC to workthrough You have advised that these changes are agreed in principle You have also advised that thechanges need to be worked through I am in a position where I need some information from you as to what is occurring and when toprovide to the CEO and Mayor From MBRCrsquos perspective we have undertaken all that has beenasked of MBRC - removed the CIA and the servicenon service area references Is there anythingelse which MBRC needs to consider I await your advice Thanks Tony
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in thise-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are nota named recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legalprivilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete allcopies immediately and contact the sender to advise of the errorIt is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liabilityfor loss or damage arising directly or indirectly from opening this email opening any attachments or any communication errorsThe views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 40 of 55
From Graeme BoltonTo Anthony MartiniCc Stewart Pentland Kerry Doss Garth NolanSubject RE Update on draft conditionsDate Thursday 5 July 2018 30400 PMAttachments image001png
image002png
Hi Tony I appreciate your concerns and we are progressing this as fast as possible As you can alsohopefully appreciate the amendment in its own right is a very large and complex document Thechanges being proposed are not unsubstantial and have multiple unintended consequencesmany of which have the potential to adversely affect matters of state interest As such we aretrying to resolve these to an acceptable level (for the state) before sharing these with you I will forward these to you as soon as possible Regards Graeme
Graeme BoltonExecutive Director Planning and Development ServicesPlanning GroupDepartment of State Development Manufacturing Infrastructure and Planning---------------------------------------------------------------------------------------------------------------------------------------------
P 07 3452 6741 MLevel 13 1 William Street Brisbane QLD 4000PO Box 15009 City East QLD 4002wwwdsdmipqldgovau
From Anthony Martini [mailtoAnthonyMartinimoretonbayqldgovau] Sent Tuesday 3 July 2018 543 PMTo Graeme Bolton ltGraemeBoltondsdmipqldgovaugtCc Stewart Pentland ltStewartPentlandmoretonbayqldgovaugt Kerry DossltKerryDossdsdmipqldgovaugt Garth Nolan ltGarthNolandsdmipqldgovaugtSubject RE Update on draft conditions Hi Graeme Thank you for the update It would be good to catch up sooner rather than later as it is fast approaching 3 weeks since ourinitial meeting I can advise that the Mayor sought advice from me as to where the amendmentwas at - as I had advised him 10 days ago that a draft set was to be available with a day or so As discussed our preference is to collaboratively work on the content of the draft conditions Itwould be appreciated if you could send through the balance of the approval and conditions now
RTI1819-035-DSDMIP - Page 41 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
this will enable us to get the process moving Thanks Tony
From Graeme Bolton [mailtoGraemeBoltondsdmipqldgovau] Sent Tuesday 3 July 2018 307 PMTo Anthony Martini ltAnthonyMartinimoretonbayqldgovaugtCc Stewart Pentland ltStewartPentlandmoretonbayqldgovaugt Kerry DossltKerryDossdsdmipqldgovaugt Garth Nolan ltGarthNolandsdmipqldgovaugtSubject Update on draft conditions Hi Tony As previously advised I met with senior officers from DTMR today to discuss some concernstheyrsquove raised in respect to conditioning the proposed amendment I believe we have a wayforward and DTMR are working on a couple of options as a matter of priority I am expecting tohave something back from DTMR mid next week We will continue to work closely with them totry and get something out sooner As previously discussed we will share the draft conditions once we are satisfied with them Wewould be happy to work with you to ensure they are workable from councilrsquos perspective Regards Graeme
Graeme BoltonExecutive Director Planning and Development ServicesPlanning GroupDepartment of State Development Manufacturing Infrastructure and Planning---------------------------------------------------------------- -------------------------------
P 07 3452 6741 MLevel 13 1 William Street Brisbane QLD 4000PO Box 15009 City East QLD 4002wwwdsdmipqldgovau
This email and any attachments may contain confidential or privileged information and may be protected by copyright Youmust not use or disclose them other than for the purposes for which they were supplied The confidentiality and privilegeattached to this message and attachment is not waived by reason of mistaken delivery to you If you are not the intendedrecipient you must not use disclose retain forward or reproduce this message or any attachments If you receive thismessage in error please notify the sender by return email or telephone and destroy and delete all copies The Departmentdoes not accept any responsibility for any loss or damage that may result from reliance on or use of any informationcontained in this email andor attachments
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in this
e-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are not
RTI1819-035-DSDMIP - Page 42 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
a named recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legal
privilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete all
copies immediately and contact the sender to advise of the error
It is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liability
for loss or damage arising directly or indirectly from opening this email opening any attachments or any communication errors
The views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 43 of 55
RTI1819-035-DSDMIP - Page 44 of 55
RTI1819-035-DSDMIP - Page 45 of 55
RTI1819-035-DSDMIP - Page 46 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
RTI1819-035-DSDMIP - Page 47 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
RTI1819-035-DSDMIP - Page 48 of 55
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RTI1819-035-DSDMIP - Page 53 of 55
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RTI1819-035-DSDMIP - Page 54 of 55
RTI1819-035-DSDMIP - Page 55 of 55
1
Anne Wood
From Stewart Pentland ltStewartPentlandmoretonbayqldgovaugtSent Tuesday 10 July 2018 839 PMTo Graeme BoltonCc Anthony Martini Ann Abbott Kerry DossSubject Re Moreton Bay Regional Council - Amendment to Planning Scheme Progress
Graeme I am concerned your response is straying from what council understood to be our agreement It is important from Councils perspective that the conditions are developed collaboratively Once agreement has been achieved on the conditions content they would then be finalised This was our agreement as we understood it Beyond this it is Councils responsibility to then amend its own scheme and then collaborate with the state on the proposed changes that respond to your conditions As previously discussed and agreed this would occur through a tracked change version of the scheme that we would iterate with you until agreement had been achieved Our appraisal is that those sections of the scheme included in the lsquohigh level tablersquo will be those sections of the scheme that require amendment If the above is no longer the agreement please confirm ASAP Regards Stewart
Sent from SWP iPhone On 10 Jul 2018 at 658 pm Graeme Bolton ltGraemeBoltondsdmipqldgovaugt wrote
Good afternoon Tony Thank you for your email below I do apologise for not being able to take your call I was in a meeting and then subsequently on a teleconference when you phoned As discussed last week we met with DTMR officers who agreed to provide us with additional information by tomorrow We greatly appreciate the councilrsquos willingness to work with the department to find a way forward However given the complexity of the amendments it is not as easy as you portray to have ldquoremoved the CIA and the servicenon service area referencesrdquo All we have at this point in time is a high level table with expressed intent To give effect to this intent involves significant changes to the proposed amendment and carries a very high risk of unintended consequences for the operation of the planning scheme and potential lawfulness of the amendment I am extremely concerned about agreeing to something now only to find out after the Minister has conditionally approved the amendment that the expressed intent cannot be delivered We are endeavouring to find a solution I will advise further once we have received the additional information from DTMR Regards Graeme
RTI1819-035-DSDMIP - Page 18 of 55
2
ltimage001pnggt Graeme Bolton Executive Director Planning and Development Services Planning Group Department of State Development Manufacturing Infrastructure and Planning --------------------------------------------------------------------------------------------------------------------------------------------- P 07 3452 6741 MLevel 13 1 William Street Brisbane QLD 4000 PO Box 15009 City East QLD 4002 wwwdsdmipqldgovau
From Anthony Martini [mailtoAnthonyMartinimoretonbayqldgovau] Sent Tuesday 10 July 2018 108 PM To Graeme Bolton ltGraemeBoltondsdmipqldgovaugt Cc Ann Abbott ltAnnAbbottmoretonbayqldgovaugt Stewart Pentland ltStewartPentlandmoretonbayqldgovaugt Kerry Doss ltKerryDossdsdmipqldgovaugt Subject Moreton Bay Regional Council ‐ Amendment to Planning Scheme Progress Hi Graeme Appreciate that you are busy however I have endeavoured to make contact with you over the past few days for the purposes of understanding where we are at with regards to receiving a partial or full draft condition set to the amendment to the planning scheme It is nearly 4 weeks since we first met at which meeting MBRC offered to remove the CIA and service areas non service areas from the amendment and provided shortly thereafter a table summary of these changes for further discussion and guidance for the State and MBRC to work through You have advised that these changes are agreed in principle You have also advised that the changes need to be worked through I am in a position where I need some information from you as to what is occurring and when to provide to the CEO and Mayor From MBRCrsquos perspective we have undertaken all that has been asked of MBRC ‐ removed the CIA and the servicenon service area references Is there anything else which MBRC needs to consider I await your advice Thanks Tony
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in this e-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are not a named recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legal privilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete all copies immediately and contact the sender to advise of the error It is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liability for loss or damage arising directly or indirectly from opening this email opening any attachments or any communication errors The views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 19 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in this e-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are not a named recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legal privilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete all copies immediately and contact the sender to advise of the error It is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liability for loss or damage arising directly or indirectly from opening this email opening any attachments or any communication errors The views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 20 of 55
1
Anne Wood
From Anthony Martini ltAnthonyMartinimoretonbayqldgovaugtSent Tuesday 3 July 2018 543 PMTo Graeme BoltonCc Stewart Pentland Kerry Doss Garth NolanSubject RE Update on draft conditions
Hi Graeme
Thank you for the update
It would be good to catch up sooner rather than later as it is fast approaching 3 weeks since our initial meeting I
can advise that the Mayor sought advice from me as to where the amendment was at ‐ as I had advised him 10 days
ago that a draft set was to be available with a day or so
As discussed our preference is to collaboratively work on the content of the draft conditions It would be
appreciated if you could send through the balance of the approval and conditions now this will enable us to get the
process moving
Thanks
Tony
From Graeme Bolton [mailtoGraemeBoltondsdmipqldgovau] Sent Tuesday 3 July 2018 307 PM To Anthony Martini ltAnthonyMartinimoretonbayqldgovaugt Cc Stewart Pentland ltStewartPentlandmoretonbayqldgovaugt Kerry Doss ltKerryDossdsdmipqldgovaugt Garth Nolan ltGarthNolandsdmipqldgovaugt Subject Update on draft conditions
Hi Tony
As previously advised I met with senior officers from DTMR today to discuss some concerns theyrsquove raised in
respect to conditioning the proposed amendment I believe we have a way forward and DTMR are working on a
couple of options as a matter of priority I am expecting to have something back from DTMR mid next week We will
continue to work closely with them to try and get something out sooner
As previously discussed we will share the draft conditions once we are satisfied with them We would be happy to
work with you to ensure they are workable from councilrsquos perspective Regards Graeme
RTI1819-035-DSDMIP - Page 21 of 55
2
Graeme Bolton Executive Director Planning and Development Services Planning Group Department of State Development Manufacturing Infrastructure and Planning ---------------------------------------------------------------------------------------------------------------------------------------------
P 07 3452 6741 MLevel 13 1 William Street Brisbane QLD 4000 PO Box 15009 City East QLD 4002 wwwdsdmipqldgovau
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in this e-mail and any
attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are not a named recipient any use of this
information including copying distribution and publication is prohibited Confidentiality and legal privilege are not waived or lost as a result of mistaken or
erroneous delivery If you are not a named recipient please delete all copies immediately and contact the sender to advise of the error
It is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liability for loss or damage
arising directly or indirectly from opening this email opening any attachments or any communication errors
The views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 22 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
From Anthony MartiniTo Graeme BoltonCc Stewart Pentland Kerry Doss Megan BayntunSubject RE MBRC Planning Scheme Amendment Meeting 13062018Date Monday 25 June 2018 80656 AMAttachments image002png
Hi Graeme As per texts over the weekend - Stewart and I will see you from 1030am this morning Thanks Tony
From Graeme Bolton [mailtoGraemeBoltondsdmipqldgovau] Sent Friday 22 June 2018 643 PMTo Anthony Martini ltAnthonyMartinimoretonbayqldgovaugtCc Stewart Pentland ltStewartPentlandmoretonbayqldgovaugt Kerry DossltKerryDossdsdmipqldgovaugt Megan Bayntun ltMeganBayntundsdmipqldgovaugtSubject RE MBRC Planning Scheme Amendment Meeting 13062018 Dear Tony Please accept my apologies for not being able to get back to you earlier today As indicated in mymessage I was unexpectedly tied up all afternoon in an emergent and urgent issue I have reviewed the provided table and support in principle the matters identified in column fourIn respect to the matters identified in column five I can understand and again support in theprinciple the need for additional changes However the extent of changes will need to satisfy thesignificantly different test This is something that the department and Minister cannot resolvefrom This may mean that the desired changes may need to be tempered with what can besupported at this point in time and further decisions made by the council in respect to the riskprofile and whether or not to proceed with particular elements In addition to the above we have examined a couple of mechanisms that may be open to theMinister in deciding the proposed amendment In short we are exploring (a) the ability to partrefuse and part approve subject to conditions or (b) to solely condition The key consideration isto ensure whatever recommendation is made to the Minister the eventual decision can withstandclose scrutiny In both options given the volume of changes we would be also recommending tothe Minister a closing condition that requires the council to submit the changed amendment forendorsement by the Chief Executive prior to adoption by the council Finally as discussed at our last meeting through the second state interest review the Departmentof Environment and Science (DES) identified concerns in relation to koala habitat and the WarnerInvestigation Area structure plan I have been chasing (and have not yet received) additionalinformation and mapping from DES in relation to this At this point in time we would be looking toinclude a condition addresses the protection of the remaining koala habitat I am hoping to getgreater clarity and certainty on this (in terms of scale and location) in the coming days
RTI1819-035-DSDMIP - Page 23 of 55
I will give you a call on Monday to discuss Please do not hesitate to contact me in the interimshould you have questions or concerns Regards Graeme
Graeme BoltonExecutive Director Planning and Development ServicesPlanning GroupDepartment of State Development Manufacturing Infrastructure and Planning---------------------------------------------------------------------------------------------------------------------------------------------
P 07 3452 6741 MLevel 13 1 William Street Brisbane QLD 4000PO Box 15009 City East QLD 4002wwwdsdmipqldgovau
From Stewart Pentland [mailtoStewartPentlandmoretonbayqldgovau] Sent Thursday 14 June 2018 1234 PMTo Kerry Doss ltKerryDossdsdmipqldgovaugt Graeme BoltonltGraemeBoltondsdmipqldgovaugt Megan Bayntun ltMeganBayntundsdmipqldgovaugtCc Anthony Martini ltAnthonyMartinimoretonbayqldgovaugtSubject MBRC Planning Scheme Amendment Meeting 13062018 Graeme Kerry and Megan Thank you for your time yesterday Tony and I found the meeting most useful As discussed and agreed in principle
1 Council would document a series of proposed changes to the existing Planning SchemeAmendment that responds to the States direction to remove reference to the CIA andassociated service area non-service area concepts (see attached)
2 Subject to an iterative process between the State and council this information would thenform the basis of a conditional approval of the current major scheme amendment amp
3 The existing amendment would then be finalised by way of a conditional approval consistentwith points 1 and 2 above ASAP
Please find attached a first draft table outlining what are considered to be the necessary changesto the current amendment We would welcome your thoughts on this so that we can continue todevelop its contents with you I note you indicated that for this approach to be utilised you would need to be comfortable thatthe type of changes proposed did not constitute a substantial change As a consequence we haveincluded a column (Substantial change) that includes our appraisal of each proposed change Againwe would welcome your thoughts on this matter also
RTI1819-035-DSDMIP - Page 24 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
It would be good to progress this matter ASAP In doing so it would be appreciated if you couldadvise when you consider you may be able to provide a response to these initial draftrepresentations In the interim should you require anything further please let me know Regards Stewart PentlandDirectorPlanning and Economic DevelopmentMoreton Bay Regional Council2 Hasking Street Caboolture Qld 4510P 07 5433 2023MEmail stewartpentlandmoretonbayqldgovauwwwmoretonbayqldgovau
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in this e-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are not anamed recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legalprivilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete all copiesimmediately and contact the sender to advise of the errorIt is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liability forloss or damage arising directly or indirectly from opening this email opening any attachments or any communication errorsThe views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
This email and any attachments may contain confidential or privileged information and may be protected by copyright Youmust not use or disclose them other than for the purposes for which they were supplied The confidentiality and privilegeattached to this message and attachment is not waived by reason of mistaken delivery to you If you are not the intendedrecipient you must not use disclose retain forward or reproduce this message or any attachments If you receive this messagein error please notify the sender by return email or telephone and destroy and delete all copies The Department does notaccept any responsibility for any loss or damage that may result from reliance on or use of any information contained in thisemail andor attachments
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in this e-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are not anamed recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legalprivilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete all copiesimmediately and contact the sender to advise of the errorIt is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liability forloss or damage arising directly or indirectly from opening this email opening any attachments or any communication errorsThe views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 25 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
From Anthony MartiniTo Graeme BoltonCc Ann Abbott Stewart Pentland Kerry DossSubject RE Moreton Bay Regional Council - Amendment to Planning Scheme ProgressDate Wednesday 11 July 2018 114220 AMAttachments image002png
Thank you for your e-mail Graeme I look forward to your further advices re this matter My reference to timing was based upon advice provided 2 weeks ago at a meeting betweenMBRC and the State that MBRC was to receive a draft condition set the following day Thanks Tony
From Graeme Bolton [mailtoGraemeBoltondsdmipqldgovau] Sent Tuesday 10 July 2018 658 PMTo Anthony Martini ltAnthonyMartinimoretonbayqldgovaugtCc Ann Abbott ltAnnAbbottmoretonbayqldgovaugt Stewart PentlandltStewartPentlandmoretonbayqldgovaugt Kerry Doss ltKerryDossdsdmipqldgovaugtSubject RE Moreton Bay Regional Council - Amendment to Planning Scheme Progress Good afternoon Tony Thank you for your email below I do apologise for not being able to take your call I was in ameeting and then subsequently on a teleconference when you phoned As discussed last week we met with DTMR officers who agreed to provide us with additionalinformation by tomorrow We greatly appreciate the councilrsquos willingness to work with the department to find a wayforward However given the complexity of the amendments it is not as easy as you portray tohave ldquoremoved the CIA and the servicenon service area referencesrdquo All we have at this point intime is a high level table with expressed intent To give effect to this intent involves significantchanges to the proposed amendment and carries a very high risk of unintended consequencesfor the operation of the planning scheme and potential lawfulness of the amendment I amextremely concerned about agreeing to something now only to find out after the Minister hasconditionally approved the amendment that the expressed intent cannot be delivered We are endeavouring to find a solution I will advise further once we have received theadditional information from DTMR Regards Graeme
RTI1819-035-DSDMIP - Page 26 of 55
Graeme BoltonExecutive Director Planning and Development ServicesPlanning GroupDepartment of State Development Manufacturing Infrastructure and Planning---------------------------------------------------------------------------------------------------------------------------------------------
P 07 3452 6741 MLevel 13 1 William Street Brisbane QLD 4000PO Box 15009 City East QLD 4002wwwdsdmipqldgovau
From Anthony Martini [mailtoAnthonyMartinimoretonbayqldgovau] Sent Tuesday 10 July 2018 108 PMTo Graeme Bolton ltGraemeBoltondsdmipqldgovaugtCc Ann Abbott ltAnnAbbottmoretonbayqldgovaugt Stewart PentlandltStewartPentlandmoretonbayqldgovaugt Kerry Doss ltKerryDossdsdmipqldgovaugtSubject Moreton Bay Regional Council - Amendment to Planning Scheme Progress Hi Graeme Appreciate that you are busy however I have endeavoured to make contact with you over thepast few days for the purposes of understanding where we are at with regards to receiving apartial or full draft condition set to the amendment to the planning scheme It is nearly 4 weeks since we first met at which meeting MBRC offered to remove the CIA andservice areas non service areas from the amendment and provided shortly thereafter a tablesummary of these changes for further discussion and guidance for the State and MBRC to workthrough You have advised that these changes are agreed in principle You have also advised that thechanges need to be worked through I am in a position where I need some information from you as to what is occurring and when toprovide to the CEO and Mayor From MBRCrsquos perspective we have undertaken all that has beenasked of MBRC - removed the CIA and the servicenon service area references Is there anythingelse which MBRC needs to consider I await your advice Thanks Tony
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in thise-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are not
RTI1819-035-DSDMIP - Page 27 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
a named recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legalprivilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete allcopies immediately and contact the sender to advise of the errorIt is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liabilityfor loss or damage arising directly or indirectly from opening this email opening any attachments or any communication errorsThe views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
This email and any attachments may contain confidential or privileged information and may be protected by copyright Youmust not use or disclose them other than for the purposes for which they were supplied The confidentiality and privilegeattached to this message and attachment is not waived by reason of mistaken delivery to you If you are not the intendedrecipient you must not use disclose retain forward or reproduce this message or any attachments If you receive thismessage in error please notify the sender by return email or telephone and destroy and delete all copies The Departmentdoes not accept any responsibility for any loss or damage that may result from reliance on or use of any informationcontained in this email andor attachments
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in thise-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are nota named recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legalprivilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete allcopies immediately and contact the sender to advise of the errorIt is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liabilityfor loss or damage arising directly or indirectly from opening this email opening any attachments or any communication errorsThe views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 28 of 55
1
Anne Wood
Subject Discussion regarding DILGPs position and proposed changes to MBRC - Major Amendment 2Location ltlt1 William Street (1WS) - 36 Floor - Meet 3614gtgt
Organizer Cindy WaltonRequired AttendeesCindy Walton Barbara Ryan Christine ONeill kateislesmoretonbayqldgovau
stewartpentlandmoretonbayqldgovau Graeme Bolton Tess PickeringOptional AttendeesBen Caldwell Ian Wright
Booking Confirmation Your room booking has been accepted with the following booking confirmation details below Building 1 William Street (1WS) Floor 36 Room Meet 3614 Room Setup Meeting Room Info Number Attending 12 Date 12 May 2017 From 1100AM To 1230PM Booked By Cindy Walton Host Cindy Walton Booking ID148766 To Join the meeting please dial sip+61730272906qgaaadqldgovau Notes Recurrence Dates Note 1 If you have booked conferencing resources please cut and paste above meeting details to the Outlook meeting invitation and send update 2 For an audio connection users dial the number only 3 For video (Skype) connections users dial the full address
Organizer Anthony MartiniResources Room - Strathpine Room 2A
Good morning The venue for this meeting is Councilrsquos Strathpine office at 220 Gympie Road Strathpine Entrance to the office is via Customer Service in Hall Street where parking is available on street Upon arrival at customer service you will be asked to complete visitor paperwork and then escorted to meeting room 2A Should you have any queries regarding this meeting request please contact me as below Kind regards Ann Abbott Operations Coordinator Engineering Construction amp Maintenance Moreton Bay Regional Council Stage 3 220 Gympie Road Strathpine P 07 3480 6233 E annabbottmoretonbayqldgovau
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in this e-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are not a named recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legal privilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete all copies immediately and contact the sender to advise of the error It is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liability for loss or damage arising directly or indirectly from opening this email opening any attachments or any communication errors The views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 30 of 55
1
Anne Wood
Subject MBRC Location 1 William St Level 12 Room 1214
Shortly you will receive an email invite to enter 1 William st with instructions on what you will need to provide to
Concierge
I will meet your party in the foyer once you have signed in
Kind regards
Anne
Anne Wood AExecutive Assistant Planning and Development Services | Brisbane Department of State Development Manufacturing Infrastructure and Planning Level 13 1 William St Brisbane QLD 4000 p 07 3452 7115 | e annewooddilgpqldgovau
RTI1819-035-DSDMIP - Page 31 of 55
From Graeme BoltonTo Anthony MartiniCc Stewart Pentland Kerry Doss Megan BayntunSubject RE MBRC Planning Scheme Amendment Meeting 13062018Date Friday 22 June 2018 64200 PMAttachments image001png
Dear Tony Please accept my apologies for not being able to get back to you earlier today As indicated in mymessage I was unexpectedly tied up all afternoon in an emergent and urgent issue I have reviewed the provided table and support in principle the matters identified in column fourIn respect to the matters identified in column five I can understand and again support in theprinciple the need for additional changes However the extent of changes will need to satisfy thesignificantly different test This is something that the department and Minister cannot resolvefrom This may mean that the desired changes may need to be tempered with what can besupported at this point in time and further decisions made by the council in respect to the riskprofile and whether or not to proceed with particular elements In addition to the above we have examined a couple of mechanisms that may be open to theMinister in deciding the proposed amendment In short we are exploring (a) the ability to partrefuse and part approve subject to conditions or (b) to solely condition The key consideration isto ensure whatever recommendation is made to the Minister the eventual decision can withstandclose scrutiny In both options given the volume of changes we would be also recommending tothe Minister a closing condition that requires the council to submit the changed amendment forendorsement by the Chief Executive prior to adoption by the council Finally as discussed at our last meeting through the second state interest review the Departmentof Environment and Science (DES) identified concerns in relation to koala habitat and the WarnerInvestigation Area structure plan I have been chasing (and have not yet received) additionalinformation and mapping from DES in relation to this At this point in time we would be looking toinclude a condition addresses the protection of the remaining koala habitat I am hoping to getgreater clarity and certainty on this (in terms of scale and location) in the coming days I will give you a call on Monday to discuss Please do not hesitate to contact me in the interimshould you have questions or concerns Regards Graeme
Graeme BoltonExecutive Director Planning and Development ServicesPlanning GroupDepartment of State Development Manufacturing Infrastructure and Planning---------------------------------------------------------------------------------------------------------------------------------------------
P 07 3452 6741 MLevel 13 1 William Street Brisbane QLD 4000
RTI1819-035-DSDMIP - Page 32 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
Summary of Proposed Planning Scheme Amendment
MBRC policy end Current MBRC Planning Scheme
Advertised Proposed Planning Scheme
Amendment
Amended Proposed Planning Scheme
Amendment
Other necessary changes to achieve MBRC policy end
Substantial change
Warner growth area - o Enable conversion of existing
industryrural residential to transition to residential outcomes
o Conversion consistent with the SEQ Regional Plan identification of Warner for growth
Industry zone and rural residential surrounded by existing residential and main roads Preliminary approval (Variation) would involve - Impact assessment - Major non-compliance with the
assessment benchmarks
- Zone change to Emerging
Community - Overlay map - Structure
planned area - Level of assessment - Service Area - RAL Code
assessment No Service Area - RAL
Impact assessment
Changes - Delete reference to CIA - Delete reference to service area
non service area Result - No change to Overlay map -
Structure planned area - Level of Assessment - RAL
Code assessment
Strengthening of assessment benchmarks required in the Emerging Community Zone Code andor RAL Code - Emerging Community Zone to assist code assessment
No Maintain overlay map as advertised maintain Level of Assessment remove reference to CIA and remove reference to Service Area and Non-Service Area
Caboolture West growth area - (Area 1) - o Enable Area 1 to proceed to
development including residential and local centre
o Consistent with the SEQ Regional Planrsquos identification of Caboolture West as an expansion area
Preliminary approval (Variation) would involve - Impact assessment - Major non-compliance with the
assessment benchmarks without a Neighhourhood Development Plan for Area 1
- Area 1 - Overlay map -
Structure planned area - Level of assessment Service Area - RAL Code
assessment Non Service Area - RAL
Impact assessment
Changes - Delete reference to CIA - Delete reference to service area
non service area Result - No change to Overlay map -
Structure planned area - Level of assessment - RAL Code
assessment for SPA1
Strengthening of assessment benchmarks required in the Local Plan Zone Code andor RAL Code - Emerging Community Zone to assist code assessment
No Maintain overlay map as advertised maintain Level of Assessment remove reference to CIA remove reference to Service Area and Non-Service Area
Caboolture West growth area - (Balance of Caboolture West) - o Enable subsequent stages to
be structure planned and released through future scheme amendments
Preliminary approval (Variation) would involve - Impact assessment - Major non-compliance with the
assessment benchmarks without a Neighhourhood Development Plan for the relevant area
- Overlay map - Future Structure
plan area - Level of assessment - Impact assessment
Changes - Delete reference to CIA - Delete reference to service area
non service area Result - No change to Overlay map -
Future Structure plan area - Level of assessment - Impact
assessment
Revisit strategic framework to delete CIA and ensure strategic outcomes accurately reflect the future timing of these fronts
No Maintain overlay map as advertised remove reference to CIA Minor change to the strategic framework
Other growth areas to be structure planned and held subject to planning infrastructure requirements and financial obligations being determined o Morayfield o Burpengary east o Narangba east o Joyner
RAL application would involve - Code assessment - Major non-compliance with the
assessment benchmarks in the absence of integrated land use and infrastructure planning
MCU application would involve impact assessment
- Overlay Map - Future structure
planned area - Level of assessment - RAL
Impact assessment - Major non-compliance with the
assessment benchmarks in the absence of integrated land use and infrastructure planning including the strategic outcomes
Changes - Delete references to CIA in the
strategic framework - Delete references to service
area non service area Result - No change to Overlay map -
Future structure planned area
Revisit strategic framework to delete CIA and ensure strategic outcomes accurately reflect the future timing of these fronts
No Maintain overlay map as advertised maintain Level of Assessment and remove reference to CIA
MBRC policy end Current MBRC Planning
Scheme Advertised Proposed
Planning Scheme Amendment
Amended Proposed Planning Scheme
Amendment
Other necessary changes to achieve MBRC policy end
Substantial change
- No change to Level of assessment - RAL Impact assessment
Balance of Proposed Planning Scheme Amendment
Not applicable
Changes proposed (carports setbacks sheds etc)
No further changes to the proposed Planning Scheme Amendment as provided post consultation
Not applicable
Not applicable
PO Box 15009 City East QLD 4002wwwdsdmipqldgovau
From Stewart Pentland [mailtoStewartPentlandmoretonbayqldgovau] Sent Thursday 14 June 2018 1234 PMTo Kerry Doss ltKerryDossdsdmipqldgovaugt Graeme BoltonltGraemeBoltondsdmipqldgovaugt Megan Bayntun ltMeganBayntundsdmipqldgovaugtCc Anthony Martini ltAnthonyMartinimoretonbayqldgovaugtSubject MBRC Planning Scheme Amendment Meeting 13062018 Graeme Kerry and Megan Thank you for your time yesterday Tony and I found the meeting most useful As discussed and agreed in principle
1 Council would document a series of proposed changes to the existing Planning SchemeAmendment that responds to the States direction to remove reference to the CIA andassociated service area non-service area concepts (see attached)
2 Subject to an iterative process between the State and council this information would thenform the basis of a conditional approval of the current major scheme amendment amp
3 The existing amendment would then be finalised by way of a conditional approval consistentwith points 1 and 2 above ASAP
Please find attached a first draft table outlining what are considered to be the necessary changesto the current amendment We would welcome your thoughts on this so that we can continue todevelop its contents with you I note you indicated that for this approach to be utilised you would need to be comfortable thatthe type of changes proposed did not constitute a substantial change As a consequence we haveincluded a column (Substantial change) that includes our appraisal of each proposed change Againwe would welcome your thoughts on this matter also It would be good to progress this matter ASAP In doing so it would be appreciated if you couldadvise when you consider you may be able to provide a response to these initial draftrepresentations In the interim should you require anything further please let me know Regards Stewart PentlandDirectorPlanning and Economic DevelopmentMoreton Bay Regional Council2 Hasking Street Caboolture Qld 4510P 07 5433 2023M Email stewartpentlandmoretonbayqldgovauwwwmoretonbayqldgovau
RTI1819-035-DSDMIP - Page 33 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in this e-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are not anamed recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legalprivilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete all copiesimmediately and contact the sender to advise of the errorIt is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liability forloss or damage arising directly or indirectly from opening this email opening any attachments or any communication errorsThe views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 34 of 55
Summary of Proposed Planning Scheme Amendment
MBRC policy end Current MBRC Planning Scheme
Advertised Proposed Planning Scheme
Amendment
Amended Proposed Planning Scheme
Amendment
Other necessary changes to achieve MBRC policy end
Substantial change
Warner growth area - o Enable conversion of existing
industryrural residential to transition to residential outcomes
o Conversion consistent with the SEQ Regional Plan identification of Warner for growth
Industry zone and rural residential surrounded by existing residential and main roads Preliminary approval (Variation) would involve - Impact assessment - Major non-compliance with the
assessment benchmarks
- Zone change to Emerging
Community - Overlay map - Structure
planned area - Level of assessment - Service Area - RAL Code
assessment No Service Area - RAL
Impact assessment
Changes - Delete reference to CIA - Delete reference to service area
non service area Result - No change to Overlay map -
Structure planned area - Level of Assessment - RAL
Code assessment
Strengthening of assessment benchmarks required in the Emerging Community Zone Code andor RAL Code - Emerging Community Zone to assist code assessment
No Maintain overlay map as advertised maintain Level of Assessment remove reference to CIA and remove reference to Service Area and Non-Service Area
Caboolture West growth area - (Area 1) - o Enable Area 1 to proceed to
development including residential and local centre
o Consistent with the SEQ Regional Planrsquos identification of Caboolture West as an expansion area
Preliminary approval (Variation) would involve - Impact assessment - Major non-compliance with the
assessment benchmarks without a Neighhourhood Development Plan for Area 1
- Area 1 - Overlay map -
Structure planned area - Level of assessment Service Area - RAL Code
assessment Non Service Area - RAL
Impact assessment
Changes - Delete reference to CIA - Delete reference to service area
non service area Result - No change to Overlay map -
Structure planned area - Level of assessment - RAL Code
assessment for SPA1
Strengthening of assessment benchmarks required in the Local Plan Zone Code andor RAL Code - Emerging Community Zone to assist code assessment
No Maintain overlay map as advertised maintain Level of Assessment remove reference to CIA remove reference to Service Area and Non-Service Area
Caboolture West growth area - (Balance of Caboolture West) - o Enable subsequent stages to
be structure planned and released through future scheme amendments
Preliminary approval (Variation) would involve - Impact assessment - Major non-compliance with the
assessment benchmarks without a Neighhourhood Development Plan for the relevant area
- Overlay map - Future Structure
plan area - Level of assessment - Impact assessment
Changes - Delete reference to CIA - Delete reference to service area
non service area Result - No change to Overlay map -
Future Structure plan area - Level of assessment - Impact
assessment
Revisit strategic framework to delete CIA and ensure strategic outcomes accurately reflect the future timing of these fronts
No Maintain overlay map as advertised remove reference to CIA Minor change to the strategic framework
Other growth areas to be structure planned and held subject to planning infrastructure requirements and financial obligations being determined o Morayfield o Burpengary east o Narangba east o Joyner
RAL application would involve - Code assessment - Major non-compliance with the
assessment benchmarks in the absence of integrated land use and infrastructure planning
MCU application would involve impact assessment
- Overlay Map - Future structure
planned area - Level of assessment - RAL
Impact assessment - Major non-compliance with the
assessment benchmarks in the absence of integrated land use and infrastructure planning including the strategic outcomes
Changes - Delete references to CIA in the
strategic framework - Delete references to service
area non service area Result - No change to Overlay map -
Future structure planned area
Revisit strategic framework to delete CIA and ensure strategic outcomes accurately reflect the future timing of these fronts
No Maintain overlay map as advertised maintain Level of Assessment and remove reference to CIA
RTI1819-035-DSDMIP - Page 35 of 55
MBRC policy end Current MBRC Planning
Scheme Advertised Proposed
Planning Scheme Amendment
Amended Proposed Planning Scheme
Amendment
Other necessary changes to achieve MBRC policy end
Substantial change
- No change to Level of assessment - RAL Impact assessment
Balance of Proposed Planning Scheme Amendment
Not applicable
Changes proposed (carports setbacks sheds etc)
No further changes to the proposed Planning Scheme Amendment as provided post consultation
Not applicable
Not applicable
RTI1819-035-DSDMIP - Page 36 of 55
From Graeme BoltonTo Stewart Pentland Kerry Doss Megan BayntunCc Anthony MartiniSubject RE MBRC Planning Scheme Amendment Meeting 13062018Date Monday 18 June 2018 82200 AMAttachments image001png
image002jpg
Hi Stewart Thank you for providing the attached table and below information As per Kerryrsquos email we willreview and respond as soon as possible Regards Graeme
Graeme BoltonExecutive Director Planning and Development ServicesPlanning GroupDepartment of State Development Manufacturing Infrastructure and Planning---------------------------------------------------------------------------------------------------------------------------------------------
P 07 3452 6741 MLevel 13 1 William Street Brisbane QLD 4000PO Box 15009 City East QLD 4002wwwdsdmipqldgovau
From Stewart Pentland [mailtoStewartPentlandmoretonbayqldgovau] Sent Thursday 14 June 2018 1234 PMTo Kerry Doss ltKerryDossdsdmipqldgovaugt Graeme BoltonltGraemeBoltondsdmipqldgovaugt Megan Bayntun ltMeganBayntundsdmipqldgovaugtCc Anthony Martini ltAnthonyMartinimoretonbayqldgovaugtSubject MBRC Planning Scheme Amendment Meeting 13062018 Graeme Kerry and Megan Thank you for your time yesterday Tony and I found the meeting most useful As discussed and agreed in principle
1 Council would document a series of proposed changes to the existing Planning SchemeAmendment that responds to the States direction to remove reference to the CIA andassociated service area non-service area concepts (see attached)
2 Subject to an iterative process between the State and council this information would thenform the basis of a conditional approval of the current major scheme amendment amp
3 The existing amendment would then be finalised by way of a conditional approval consistentwith points 1 and 2 above ASAP
RTI1819-035-DSDMIP - Page 37 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
Please find attached a first draft table outlining what are considered to be the necessary changesto the current amendment We would welcome your thoughts on this so that we can continue todevelop its contents with you I note you indicated that for this approach to be utilised you would need to be comfortable thatthe type of changes proposed did not constitute a substantial change As a consequence we haveincluded a column (Substantial change) that includes our appraisal of each proposed change Againwe would welcome your thoughts on this matter also It would be good to progress this matter ASAP In doing so it would be appreciated if you couldadvise when you consider you may be able to provide a response to these initial draftrepresentations In the interim should you require anything further please let me know Regards Stewart PentlandDirectorPlanning and Economic DevelopmentMoreton Bay Regional Council2 Hasking Street Caboolture Qld 4510P 07 5433 2023M Email stewartpentlandmoretonbayqldgovauwwwmoretonbayqldgovau CCR3_email_signhr
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in this e-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are not anamed recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legalprivilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete all copiesimmediately and contact the sender to advise of the errorIt is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liability forloss or damage arising directly or indirectly from opening this email opening any attachments or any communication errorsThe views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 38 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
From Graeme BoltonTo Anthony MartiniCc Ann Abbott Stewart Pentland Kerry DossSubject RE Moreton Bay Regional Council - Amendment to Planning Scheme ProgressDate Tuesday 10 July 2018 65800 PMAttachments image001png
Good afternoon Tony Thank you for your email below I do apologise for not being able to take your call I was in ameeting and then subsequently on a teleconference when you phoned As discussed last week we met with DTMR officers who agreed to provide us with additionalinformation by tomorrow We greatly appreciate the councilrsquos willingness to work with the department to find a wayforward However given the complexity of the amendments it is not as easy as you portray tohave ldquoremoved the CIA and the servicenon service area referencesrdquo All we have at this point intime is a high level table with expressed intent To give effect to this intent involves significantchanges to the proposed amendment and carries a very high risk of unintended consequencesfor the operation of the planning scheme and potential lawfulness of the amendment I amextremely concerned about agreeing to something now only to find out after the Minister hasconditionally approved the amendment that the expressed intent cannot be delivered We are endeavouring to find a solution I will advise further once we have received theadditional information from DTMR Regards Graeme
Graeme BoltonExecutive Director Planning and Development ServicesPlanning GroupDepartment of State Development Manufacturing Infrastructure and Planning--------------------------------------------------------------- ---------------------------
P 07 3452 6741 MLevel 13 1 William Street Brisbane QLD 4000PO Box 15009 City East QLD 4002wwwdsdmipqldgovau
From Anthony Martini [mailtoAnthonyMartinimoretonbayqldgovau] Sent Tuesday 10 July 2018 108 PMTo Graeme Bolton ltGraemeBoltondsdmipqldgovaugtCc Ann Abbott ltAnnAbbottmoretonbayqldgovaugt Stewart PentlandltStewartPentlandmoretonbayqldgovaugt Kerry Doss ltKerryDossdsdmipqldgovaugtSubject Moreton Bay Regional Council - Amendment to Planning Scheme Progress
RTI1819-035-DSDMIP - Page 39 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
Hi Graeme Appreciate that you are busy however I have endeavoured to make contact with you over thepast few days for the purposes of understanding where we are at with regards to receiving apartial or full draft condition set to the amendment to the planning scheme It is nearly 4 weeks since we first met at which meeting MBRC offered to remove the CIA andservice areas non service areas from the amendment and provided shortly thereafter a tablesummary of these changes for further discussion and guidance for the State and MBRC to workthrough You have advised that these changes are agreed in principle You have also advised that thechanges need to be worked through I am in a position where I need some information from you as to what is occurring and when toprovide to the CEO and Mayor From MBRCrsquos perspective we have undertaken all that has beenasked of MBRC - removed the CIA and the servicenon service area references Is there anythingelse which MBRC needs to consider I await your advice Thanks Tony
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in thise-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are nota named recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legalprivilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete allcopies immediately and contact the sender to advise of the errorIt is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liabilityfor loss or damage arising directly or indirectly from opening this email opening any attachments or any communication errorsThe views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 40 of 55
From Graeme BoltonTo Anthony MartiniCc Stewart Pentland Kerry Doss Garth NolanSubject RE Update on draft conditionsDate Thursday 5 July 2018 30400 PMAttachments image001png
image002png
Hi Tony I appreciate your concerns and we are progressing this as fast as possible As you can alsohopefully appreciate the amendment in its own right is a very large and complex document Thechanges being proposed are not unsubstantial and have multiple unintended consequencesmany of which have the potential to adversely affect matters of state interest As such we aretrying to resolve these to an acceptable level (for the state) before sharing these with you I will forward these to you as soon as possible Regards Graeme
Graeme BoltonExecutive Director Planning and Development ServicesPlanning GroupDepartment of State Development Manufacturing Infrastructure and Planning---------------------------------------------------------------------------------------------------------------------------------------------
P 07 3452 6741 MLevel 13 1 William Street Brisbane QLD 4000PO Box 15009 City East QLD 4002wwwdsdmipqldgovau
From Anthony Martini [mailtoAnthonyMartinimoretonbayqldgovau] Sent Tuesday 3 July 2018 543 PMTo Graeme Bolton ltGraemeBoltondsdmipqldgovaugtCc Stewart Pentland ltStewartPentlandmoretonbayqldgovaugt Kerry DossltKerryDossdsdmipqldgovaugt Garth Nolan ltGarthNolandsdmipqldgovaugtSubject RE Update on draft conditions Hi Graeme Thank you for the update It would be good to catch up sooner rather than later as it is fast approaching 3 weeks since ourinitial meeting I can advise that the Mayor sought advice from me as to where the amendmentwas at - as I had advised him 10 days ago that a draft set was to be available with a day or so As discussed our preference is to collaboratively work on the content of the draft conditions Itwould be appreciated if you could send through the balance of the approval and conditions now
RTI1819-035-DSDMIP - Page 41 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
this will enable us to get the process moving Thanks Tony
From Graeme Bolton [mailtoGraemeBoltondsdmipqldgovau] Sent Tuesday 3 July 2018 307 PMTo Anthony Martini ltAnthonyMartinimoretonbayqldgovaugtCc Stewart Pentland ltStewartPentlandmoretonbayqldgovaugt Kerry DossltKerryDossdsdmipqldgovaugt Garth Nolan ltGarthNolandsdmipqldgovaugtSubject Update on draft conditions Hi Tony As previously advised I met with senior officers from DTMR today to discuss some concernstheyrsquove raised in respect to conditioning the proposed amendment I believe we have a wayforward and DTMR are working on a couple of options as a matter of priority I am expecting tohave something back from DTMR mid next week We will continue to work closely with them totry and get something out sooner As previously discussed we will share the draft conditions once we are satisfied with them Wewould be happy to work with you to ensure they are workable from councilrsquos perspective Regards Graeme
Graeme BoltonExecutive Director Planning and Development ServicesPlanning GroupDepartment of State Development Manufacturing Infrastructure and Planning---------------------------------------------------------------- -------------------------------
P 07 3452 6741 MLevel 13 1 William Street Brisbane QLD 4000PO Box 15009 City East QLD 4002wwwdsdmipqldgovau
This email and any attachments may contain confidential or privileged information and may be protected by copyright Youmust not use or disclose them other than for the purposes for which they were supplied The confidentiality and privilegeattached to this message and attachment is not waived by reason of mistaken delivery to you If you are not the intendedrecipient you must not use disclose retain forward or reproduce this message or any attachments If you receive thismessage in error please notify the sender by return email or telephone and destroy and delete all copies The Departmentdoes not accept any responsibility for any loss or damage that may result from reliance on or use of any informationcontained in this email andor attachments
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in this
e-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are not
RTI1819-035-DSDMIP - Page 42 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
a named recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legal
privilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete all
copies immediately and contact the sender to advise of the error
It is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liability
for loss or damage arising directly or indirectly from opening this email opening any attachments or any communication errors
The views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 43 of 55
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Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
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2
ltimage001pnggt Graeme Bolton Executive Director Planning and Development Services Planning Group Department of State Development Manufacturing Infrastructure and Planning --------------------------------------------------------------------------------------------------------------------------------------------- P 07 3452 6741 MLevel 13 1 William Street Brisbane QLD 4000 PO Box 15009 City East QLD 4002 wwwdsdmipqldgovau
From Anthony Martini [mailtoAnthonyMartinimoretonbayqldgovau] Sent Tuesday 10 July 2018 108 PM To Graeme Bolton ltGraemeBoltondsdmipqldgovaugt Cc Ann Abbott ltAnnAbbottmoretonbayqldgovaugt Stewart Pentland ltStewartPentlandmoretonbayqldgovaugt Kerry Doss ltKerryDossdsdmipqldgovaugt Subject Moreton Bay Regional Council ‐ Amendment to Planning Scheme Progress Hi Graeme Appreciate that you are busy however I have endeavoured to make contact with you over the past few days for the purposes of understanding where we are at with regards to receiving a partial or full draft condition set to the amendment to the planning scheme It is nearly 4 weeks since we first met at which meeting MBRC offered to remove the CIA and service areas non service areas from the amendment and provided shortly thereafter a table summary of these changes for further discussion and guidance for the State and MBRC to work through You have advised that these changes are agreed in principle You have also advised that the changes need to be worked through I am in a position where I need some information from you as to what is occurring and when to provide to the CEO and Mayor From MBRCrsquos perspective we have undertaken all that has been asked of MBRC ‐ removed the CIA and the servicenon service area references Is there anything else which MBRC needs to consider I await your advice Thanks Tony
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in this e-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are not a named recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legal privilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete all copies immediately and contact the sender to advise of the error It is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liability for loss or damage arising directly or indirectly from opening this email opening any attachments or any communication errors The views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 19 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in this e-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are not a named recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legal privilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete all copies immediately and contact the sender to advise of the error It is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liability for loss or damage arising directly or indirectly from opening this email opening any attachments or any communication errors The views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 20 of 55
1
Anne Wood
From Anthony Martini ltAnthonyMartinimoretonbayqldgovaugtSent Tuesday 3 July 2018 543 PMTo Graeme BoltonCc Stewart Pentland Kerry Doss Garth NolanSubject RE Update on draft conditions
Hi Graeme
Thank you for the update
It would be good to catch up sooner rather than later as it is fast approaching 3 weeks since our initial meeting I
can advise that the Mayor sought advice from me as to where the amendment was at ‐ as I had advised him 10 days
ago that a draft set was to be available with a day or so
As discussed our preference is to collaboratively work on the content of the draft conditions It would be
appreciated if you could send through the balance of the approval and conditions now this will enable us to get the
process moving
Thanks
Tony
From Graeme Bolton [mailtoGraemeBoltondsdmipqldgovau] Sent Tuesday 3 July 2018 307 PM To Anthony Martini ltAnthonyMartinimoretonbayqldgovaugt Cc Stewart Pentland ltStewartPentlandmoretonbayqldgovaugt Kerry Doss ltKerryDossdsdmipqldgovaugt Garth Nolan ltGarthNolandsdmipqldgovaugt Subject Update on draft conditions
Hi Tony
As previously advised I met with senior officers from DTMR today to discuss some concerns theyrsquove raised in
respect to conditioning the proposed amendment I believe we have a way forward and DTMR are working on a
couple of options as a matter of priority I am expecting to have something back from DTMR mid next week We will
continue to work closely with them to try and get something out sooner
As previously discussed we will share the draft conditions once we are satisfied with them We would be happy to
work with you to ensure they are workable from councilrsquos perspective Regards Graeme
RTI1819-035-DSDMIP - Page 21 of 55
2
Graeme Bolton Executive Director Planning and Development Services Planning Group Department of State Development Manufacturing Infrastructure and Planning ---------------------------------------------------------------------------------------------------------------------------------------------
P 07 3452 6741 MLevel 13 1 William Street Brisbane QLD 4000 PO Box 15009 City East QLD 4002 wwwdsdmipqldgovau
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in this e-mail and any
attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are not a named recipient any use of this
information including copying distribution and publication is prohibited Confidentiality and legal privilege are not waived or lost as a result of mistaken or
erroneous delivery If you are not a named recipient please delete all copies immediately and contact the sender to advise of the error
It is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liability for loss or damage
arising directly or indirectly from opening this email opening any attachments or any communication errors
The views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 22 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
From Anthony MartiniTo Graeme BoltonCc Stewart Pentland Kerry Doss Megan BayntunSubject RE MBRC Planning Scheme Amendment Meeting 13062018Date Monday 25 June 2018 80656 AMAttachments image002png
Hi Graeme As per texts over the weekend - Stewart and I will see you from 1030am this morning Thanks Tony
From Graeme Bolton [mailtoGraemeBoltondsdmipqldgovau] Sent Friday 22 June 2018 643 PMTo Anthony Martini ltAnthonyMartinimoretonbayqldgovaugtCc Stewart Pentland ltStewartPentlandmoretonbayqldgovaugt Kerry DossltKerryDossdsdmipqldgovaugt Megan Bayntun ltMeganBayntundsdmipqldgovaugtSubject RE MBRC Planning Scheme Amendment Meeting 13062018 Dear Tony Please accept my apologies for not being able to get back to you earlier today As indicated in mymessage I was unexpectedly tied up all afternoon in an emergent and urgent issue I have reviewed the provided table and support in principle the matters identified in column fourIn respect to the matters identified in column five I can understand and again support in theprinciple the need for additional changes However the extent of changes will need to satisfy thesignificantly different test This is something that the department and Minister cannot resolvefrom This may mean that the desired changes may need to be tempered with what can besupported at this point in time and further decisions made by the council in respect to the riskprofile and whether or not to proceed with particular elements In addition to the above we have examined a couple of mechanisms that may be open to theMinister in deciding the proposed amendment In short we are exploring (a) the ability to partrefuse and part approve subject to conditions or (b) to solely condition The key consideration isto ensure whatever recommendation is made to the Minister the eventual decision can withstandclose scrutiny In both options given the volume of changes we would be also recommending tothe Minister a closing condition that requires the council to submit the changed amendment forendorsement by the Chief Executive prior to adoption by the council Finally as discussed at our last meeting through the second state interest review the Departmentof Environment and Science (DES) identified concerns in relation to koala habitat and the WarnerInvestigation Area structure plan I have been chasing (and have not yet received) additionalinformation and mapping from DES in relation to this At this point in time we would be looking toinclude a condition addresses the protection of the remaining koala habitat I am hoping to getgreater clarity and certainty on this (in terms of scale and location) in the coming days
RTI1819-035-DSDMIP - Page 23 of 55
I will give you a call on Monday to discuss Please do not hesitate to contact me in the interimshould you have questions or concerns Regards Graeme
Graeme BoltonExecutive Director Planning and Development ServicesPlanning GroupDepartment of State Development Manufacturing Infrastructure and Planning---------------------------------------------------------------------------------------------------------------------------------------------
P 07 3452 6741 MLevel 13 1 William Street Brisbane QLD 4000PO Box 15009 City East QLD 4002wwwdsdmipqldgovau
From Stewart Pentland [mailtoStewartPentlandmoretonbayqldgovau] Sent Thursday 14 June 2018 1234 PMTo Kerry Doss ltKerryDossdsdmipqldgovaugt Graeme BoltonltGraemeBoltondsdmipqldgovaugt Megan Bayntun ltMeganBayntundsdmipqldgovaugtCc Anthony Martini ltAnthonyMartinimoretonbayqldgovaugtSubject MBRC Planning Scheme Amendment Meeting 13062018 Graeme Kerry and Megan Thank you for your time yesterday Tony and I found the meeting most useful As discussed and agreed in principle
1 Council would document a series of proposed changes to the existing Planning SchemeAmendment that responds to the States direction to remove reference to the CIA andassociated service area non-service area concepts (see attached)
2 Subject to an iterative process between the State and council this information would thenform the basis of a conditional approval of the current major scheme amendment amp
3 The existing amendment would then be finalised by way of a conditional approval consistentwith points 1 and 2 above ASAP
Please find attached a first draft table outlining what are considered to be the necessary changesto the current amendment We would welcome your thoughts on this so that we can continue todevelop its contents with you I note you indicated that for this approach to be utilised you would need to be comfortable thatthe type of changes proposed did not constitute a substantial change As a consequence we haveincluded a column (Substantial change) that includes our appraisal of each proposed change Againwe would welcome your thoughts on this matter also
RTI1819-035-DSDMIP - Page 24 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
It would be good to progress this matter ASAP In doing so it would be appreciated if you couldadvise when you consider you may be able to provide a response to these initial draftrepresentations In the interim should you require anything further please let me know Regards Stewart PentlandDirectorPlanning and Economic DevelopmentMoreton Bay Regional Council2 Hasking Street Caboolture Qld 4510P 07 5433 2023MEmail stewartpentlandmoretonbayqldgovauwwwmoretonbayqldgovau
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in this e-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are not anamed recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legalprivilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete all copiesimmediately and contact the sender to advise of the errorIt is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liability forloss or damage arising directly or indirectly from opening this email opening any attachments or any communication errorsThe views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
This email and any attachments may contain confidential or privileged information and may be protected by copyright Youmust not use or disclose them other than for the purposes for which they were supplied The confidentiality and privilegeattached to this message and attachment is not waived by reason of mistaken delivery to you If you are not the intendedrecipient you must not use disclose retain forward or reproduce this message or any attachments If you receive this messagein error please notify the sender by return email or telephone and destroy and delete all copies The Department does notaccept any responsibility for any loss or damage that may result from reliance on or use of any information contained in thisemail andor attachments
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in this e-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are not anamed recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legalprivilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete all copiesimmediately and contact the sender to advise of the errorIt is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liability forloss or damage arising directly or indirectly from opening this email opening any attachments or any communication errorsThe views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 25 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
From Anthony MartiniTo Graeme BoltonCc Ann Abbott Stewart Pentland Kerry DossSubject RE Moreton Bay Regional Council - Amendment to Planning Scheme ProgressDate Wednesday 11 July 2018 114220 AMAttachments image002png
Thank you for your e-mail Graeme I look forward to your further advices re this matter My reference to timing was based upon advice provided 2 weeks ago at a meeting betweenMBRC and the State that MBRC was to receive a draft condition set the following day Thanks Tony
From Graeme Bolton [mailtoGraemeBoltondsdmipqldgovau] Sent Tuesday 10 July 2018 658 PMTo Anthony Martini ltAnthonyMartinimoretonbayqldgovaugtCc Ann Abbott ltAnnAbbottmoretonbayqldgovaugt Stewart PentlandltStewartPentlandmoretonbayqldgovaugt Kerry Doss ltKerryDossdsdmipqldgovaugtSubject RE Moreton Bay Regional Council - Amendment to Planning Scheme Progress Good afternoon Tony Thank you for your email below I do apologise for not being able to take your call I was in ameeting and then subsequently on a teleconference when you phoned As discussed last week we met with DTMR officers who agreed to provide us with additionalinformation by tomorrow We greatly appreciate the councilrsquos willingness to work with the department to find a wayforward However given the complexity of the amendments it is not as easy as you portray tohave ldquoremoved the CIA and the servicenon service area referencesrdquo All we have at this point intime is a high level table with expressed intent To give effect to this intent involves significantchanges to the proposed amendment and carries a very high risk of unintended consequencesfor the operation of the planning scheme and potential lawfulness of the amendment I amextremely concerned about agreeing to something now only to find out after the Minister hasconditionally approved the amendment that the expressed intent cannot be delivered We are endeavouring to find a solution I will advise further once we have received theadditional information from DTMR Regards Graeme
RTI1819-035-DSDMIP - Page 26 of 55
Graeme BoltonExecutive Director Planning and Development ServicesPlanning GroupDepartment of State Development Manufacturing Infrastructure and Planning---------------------------------------------------------------------------------------------------------------------------------------------
P 07 3452 6741 MLevel 13 1 William Street Brisbane QLD 4000PO Box 15009 City East QLD 4002wwwdsdmipqldgovau
From Anthony Martini [mailtoAnthonyMartinimoretonbayqldgovau] Sent Tuesday 10 July 2018 108 PMTo Graeme Bolton ltGraemeBoltondsdmipqldgovaugtCc Ann Abbott ltAnnAbbottmoretonbayqldgovaugt Stewart PentlandltStewartPentlandmoretonbayqldgovaugt Kerry Doss ltKerryDossdsdmipqldgovaugtSubject Moreton Bay Regional Council - Amendment to Planning Scheme Progress Hi Graeme Appreciate that you are busy however I have endeavoured to make contact with you over thepast few days for the purposes of understanding where we are at with regards to receiving apartial or full draft condition set to the amendment to the planning scheme It is nearly 4 weeks since we first met at which meeting MBRC offered to remove the CIA andservice areas non service areas from the amendment and provided shortly thereafter a tablesummary of these changes for further discussion and guidance for the State and MBRC to workthrough You have advised that these changes are agreed in principle You have also advised that thechanges need to be worked through I am in a position where I need some information from you as to what is occurring and when toprovide to the CEO and Mayor From MBRCrsquos perspective we have undertaken all that has beenasked of MBRC - removed the CIA and the servicenon service area references Is there anythingelse which MBRC needs to consider I await your advice Thanks Tony
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in thise-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are not
RTI1819-035-DSDMIP - Page 27 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
a named recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legalprivilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete allcopies immediately and contact the sender to advise of the errorIt is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liabilityfor loss or damage arising directly or indirectly from opening this email opening any attachments or any communication errorsThe views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
This email and any attachments may contain confidential or privileged information and may be protected by copyright Youmust not use or disclose them other than for the purposes for which they were supplied The confidentiality and privilegeattached to this message and attachment is not waived by reason of mistaken delivery to you If you are not the intendedrecipient you must not use disclose retain forward or reproduce this message or any attachments If you receive thismessage in error please notify the sender by return email or telephone and destroy and delete all copies The Departmentdoes not accept any responsibility for any loss or damage that may result from reliance on or use of any informationcontained in this email andor attachments
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in thise-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are nota named recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legalprivilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete allcopies immediately and contact the sender to advise of the errorIt is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liabilityfor loss or damage arising directly or indirectly from opening this email opening any attachments or any communication errorsThe views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 28 of 55
1
Anne Wood
Subject Discussion regarding DILGPs position and proposed changes to MBRC - Major Amendment 2Location ltlt1 William Street (1WS) - 36 Floor - Meet 3614gtgt
Organizer Cindy WaltonRequired AttendeesCindy Walton Barbara Ryan Christine ONeill kateislesmoretonbayqldgovau
stewartpentlandmoretonbayqldgovau Graeme Bolton Tess PickeringOptional AttendeesBen Caldwell Ian Wright
Booking Confirmation Your room booking has been accepted with the following booking confirmation details below Building 1 William Street (1WS) Floor 36 Room Meet 3614 Room Setup Meeting Room Info Number Attending 12 Date 12 May 2017 From 1100AM To 1230PM Booked By Cindy Walton Host Cindy Walton Booking ID148766 To Join the meeting please dial sip+61730272906qgaaadqldgovau Notes Recurrence Dates Note 1 If you have booked conferencing resources please cut and paste above meeting details to the Outlook meeting invitation and send update 2 For an audio connection users dial the number only 3 For video (Skype) connections users dial the full address
Organizer Anthony MartiniResources Room - Strathpine Room 2A
Good morning The venue for this meeting is Councilrsquos Strathpine office at 220 Gympie Road Strathpine Entrance to the office is via Customer Service in Hall Street where parking is available on street Upon arrival at customer service you will be asked to complete visitor paperwork and then escorted to meeting room 2A Should you have any queries regarding this meeting request please contact me as below Kind regards Ann Abbott Operations Coordinator Engineering Construction amp Maintenance Moreton Bay Regional Council Stage 3 220 Gympie Road Strathpine P 07 3480 6233 E annabbottmoretonbayqldgovau
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in this e-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are not a named recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legal privilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete all copies immediately and contact the sender to advise of the error It is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liability for loss or damage arising directly or indirectly from opening this email opening any attachments or any communication errors The views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 30 of 55
1
Anne Wood
Subject MBRC Location 1 William St Level 12 Room 1214
Shortly you will receive an email invite to enter 1 William st with instructions on what you will need to provide to
Concierge
I will meet your party in the foyer once you have signed in
Kind regards
Anne
Anne Wood AExecutive Assistant Planning and Development Services | Brisbane Department of State Development Manufacturing Infrastructure and Planning Level 13 1 William St Brisbane QLD 4000 p 07 3452 7115 | e annewooddilgpqldgovau
RTI1819-035-DSDMIP - Page 31 of 55
From Graeme BoltonTo Anthony MartiniCc Stewart Pentland Kerry Doss Megan BayntunSubject RE MBRC Planning Scheme Amendment Meeting 13062018Date Friday 22 June 2018 64200 PMAttachments image001png
Dear Tony Please accept my apologies for not being able to get back to you earlier today As indicated in mymessage I was unexpectedly tied up all afternoon in an emergent and urgent issue I have reviewed the provided table and support in principle the matters identified in column fourIn respect to the matters identified in column five I can understand and again support in theprinciple the need for additional changes However the extent of changes will need to satisfy thesignificantly different test This is something that the department and Minister cannot resolvefrom This may mean that the desired changes may need to be tempered with what can besupported at this point in time and further decisions made by the council in respect to the riskprofile and whether or not to proceed with particular elements In addition to the above we have examined a couple of mechanisms that may be open to theMinister in deciding the proposed amendment In short we are exploring (a) the ability to partrefuse and part approve subject to conditions or (b) to solely condition The key consideration isto ensure whatever recommendation is made to the Minister the eventual decision can withstandclose scrutiny In both options given the volume of changes we would be also recommending tothe Minister a closing condition that requires the council to submit the changed amendment forendorsement by the Chief Executive prior to adoption by the council Finally as discussed at our last meeting through the second state interest review the Departmentof Environment and Science (DES) identified concerns in relation to koala habitat and the WarnerInvestigation Area structure plan I have been chasing (and have not yet received) additionalinformation and mapping from DES in relation to this At this point in time we would be looking toinclude a condition addresses the protection of the remaining koala habitat I am hoping to getgreater clarity and certainty on this (in terms of scale and location) in the coming days I will give you a call on Monday to discuss Please do not hesitate to contact me in the interimshould you have questions or concerns Regards Graeme
Graeme BoltonExecutive Director Planning and Development ServicesPlanning GroupDepartment of State Development Manufacturing Infrastructure and Planning---------------------------------------------------------------------------------------------------------------------------------------------
P 07 3452 6741 MLevel 13 1 William Street Brisbane QLD 4000
RTI1819-035-DSDMIP - Page 32 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
Summary of Proposed Planning Scheme Amendment
MBRC policy end Current MBRC Planning Scheme
Advertised Proposed Planning Scheme
Amendment
Amended Proposed Planning Scheme
Amendment
Other necessary changes to achieve MBRC policy end
Substantial change
Warner growth area - o Enable conversion of existing
industryrural residential to transition to residential outcomes
o Conversion consistent with the SEQ Regional Plan identification of Warner for growth
Industry zone and rural residential surrounded by existing residential and main roads Preliminary approval (Variation) would involve - Impact assessment - Major non-compliance with the
assessment benchmarks
- Zone change to Emerging
Community - Overlay map - Structure
planned area - Level of assessment - Service Area - RAL Code
assessment No Service Area - RAL
Impact assessment
Changes - Delete reference to CIA - Delete reference to service area
non service area Result - No change to Overlay map -
Structure planned area - Level of Assessment - RAL
Code assessment
Strengthening of assessment benchmarks required in the Emerging Community Zone Code andor RAL Code - Emerging Community Zone to assist code assessment
No Maintain overlay map as advertised maintain Level of Assessment remove reference to CIA and remove reference to Service Area and Non-Service Area
Caboolture West growth area - (Area 1) - o Enable Area 1 to proceed to
development including residential and local centre
o Consistent with the SEQ Regional Planrsquos identification of Caboolture West as an expansion area
Preliminary approval (Variation) would involve - Impact assessment - Major non-compliance with the
assessment benchmarks without a Neighhourhood Development Plan for Area 1
- Area 1 - Overlay map -
Structure planned area - Level of assessment Service Area - RAL Code
assessment Non Service Area - RAL
Impact assessment
Changes - Delete reference to CIA - Delete reference to service area
non service area Result - No change to Overlay map -
Structure planned area - Level of assessment - RAL Code
assessment for SPA1
Strengthening of assessment benchmarks required in the Local Plan Zone Code andor RAL Code - Emerging Community Zone to assist code assessment
No Maintain overlay map as advertised maintain Level of Assessment remove reference to CIA remove reference to Service Area and Non-Service Area
Caboolture West growth area - (Balance of Caboolture West) - o Enable subsequent stages to
be structure planned and released through future scheme amendments
Preliminary approval (Variation) would involve - Impact assessment - Major non-compliance with the
assessment benchmarks without a Neighhourhood Development Plan for the relevant area
- Overlay map - Future Structure
plan area - Level of assessment - Impact assessment
Changes - Delete reference to CIA - Delete reference to service area
non service area Result - No change to Overlay map -
Future Structure plan area - Level of assessment - Impact
assessment
Revisit strategic framework to delete CIA and ensure strategic outcomes accurately reflect the future timing of these fronts
No Maintain overlay map as advertised remove reference to CIA Minor change to the strategic framework
Other growth areas to be structure planned and held subject to planning infrastructure requirements and financial obligations being determined o Morayfield o Burpengary east o Narangba east o Joyner
RAL application would involve - Code assessment - Major non-compliance with the
assessment benchmarks in the absence of integrated land use and infrastructure planning
MCU application would involve impact assessment
- Overlay Map - Future structure
planned area - Level of assessment - RAL
Impact assessment - Major non-compliance with the
assessment benchmarks in the absence of integrated land use and infrastructure planning including the strategic outcomes
Changes - Delete references to CIA in the
strategic framework - Delete references to service
area non service area Result - No change to Overlay map -
Future structure planned area
Revisit strategic framework to delete CIA and ensure strategic outcomes accurately reflect the future timing of these fronts
No Maintain overlay map as advertised maintain Level of Assessment and remove reference to CIA
MBRC policy end Current MBRC Planning
Scheme Advertised Proposed
Planning Scheme Amendment
Amended Proposed Planning Scheme
Amendment
Other necessary changes to achieve MBRC policy end
Substantial change
- No change to Level of assessment - RAL Impact assessment
Balance of Proposed Planning Scheme Amendment
Not applicable
Changes proposed (carports setbacks sheds etc)
No further changes to the proposed Planning Scheme Amendment as provided post consultation
Not applicable
Not applicable
PO Box 15009 City East QLD 4002wwwdsdmipqldgovau
From Stewart Pentland [mailtoStewartPentlandmoretonbayqldgovau] Sent Thursday 14 June 2018 1234 PMTo Kerry Doss ltKerryDossdsdmipqldgovaugt Graeme BoltonltGraemeBoltondsdmipqldgovaugt Megan Bayntun ltMeganBayntundsdmipqldgovaugtCc Anthony Martini ltAnthonyMartinimoretonbayqldgovaugtSubject MBRC Planning Scheme Amendment Meeting 13062018 Graeme Kerry and Megan Thank you for your time yesterday Tony and I found the meeting most useful As discussed and agreed in principle
1 Council would document a series of proposed changes to the existing Planning SchemeAmendment that responds to the States direction to remove reference to the CIA andassociated service area non-service area concepts (see attached)
2 Subject to an iterative process between the State and council this information would thenform the basis of a conditional approval of the current major scheme amendment amp
3 The existing amendment would then be finalised by way of a conditional approval consistentwith points 1 and 2 above ASAP
Please find attached a first draft table outlining what are considered to be the necessary changesto the current amendment We would welcome your thoughts on this so that we can continue todevelop its contents with you I note you indicated that for this approach to be utilised you would need to be comfortable thatthe type of changes proposed did not constitute a substantial change As a consequence we haveincluded a column (Substantial change) that includes our appraisal of each proposed change Againwe would welcome your thoughts on this matter also It would be good to progress this matter ASAP In doing so it would be appreciated if you couldadvise when you consider you may be able to provide a response to these initial draftrepresentations In the interim should you require anything further please let me know Regards Stewart PentlandDirectorPlanning and Economic DevelopmentMoreton Bay Regional Council2 Hasking Street Caboolture Qld 4510P 07 5433 2023M Email stewartpentlandmoretonbayqldgovauwwwmoretonbayqldgovau
RTI1819-035-DSDMIP - Page 33 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in this e-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are not anamed recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legalprivilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete all copiesimmediately and contact the sender to advise of the errorIt is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liability forloss or damage arising directly or indirectly from opening this email opening any attachments or any communication errorsThe views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 34 of 55
Summary of Proposed Planning Scheme Amendment
MBRC policy end Current MBRC Planning Scheme
Advertised Proposed Planning Scheme
Amendment
Amended Proposed Planning Scheme
Amendment
Other necessary changes to achieve MBRC policy end
Substantial change
Warner growth area - o Enable conversion of existing
industryrural residential to transition to residential outcomes
o Conversion consistent with the SEQ Regional Plan identification of Warner for growth
Industry zone and rural residential surrounded by existing residential and main roads Preliminary approval (Variation) would involve - Impact assessment - Major non-compliance with the
assessment benchmarks
- Zone change to Emerging
Community - Overlay map - Structure
planned area - Level of assessment - Service Area - RAL Code
assessment No Service Area - RAL
Impact assessment
Changes - Delete reference to CIA - Delete reference to service area
non service area Result - No change to Overlay map -
Structure planned area - Level of Assessment - RAL
Code assessment
Strengthening of assessment benchmarks required in the Emerging Community Zone Code andor RAL Code - Emerging Community Zone to assist code assessment
No Maintain overlay map as advertised maintain Level of Assessment remove reference to CIA and remove reference to Service Area and Non-Service Area
Caboolture West growth area - (Area 1) - o Enable Area 1 to proceed to
development including residential and local centre
o Consistent with the SEQ Regional Planrsquos identification of Caboolture West as an expansion area
Preliminary approval (Variation) would involve - Impact assessment - Major non-compliance with the
assessment benchmarks without a Neighhourhood Development Plan for Area 1
- Area 1 - Overlay map -
Structure planned area - Level of assessment Service Area - RAL Code
assessment Non Service Area - RAL
Impact assessment
Changes - Delete reference to CIA - Delete reference to service area
non service area Result - No change to Overlay map -
Structure planned area - Level of assessment - RAL Code
assessment for SPA1
Strengthening of assessment benchmarks required in the Local Plan Zone Code andor RAL Code - Emerging Community Zone to assist code assessment
No Maintain overlay map as advertised maintain Level of Assessment remove reference to CIA remove reference to Service Area and Non-Service Area
Caboolture West growth area - (Balance of Caboolture West) - o Enable subsequent stages to
be structure planned and released through future scheme amendments
Preliminary approval (Variation) would involve - Impact assessment - Major non-compliance with the
assessment benchmarks without a Neighhourhood Development Plan for the relevant area
- Overlay map - Future Structure
plan area - Level of assessment - Impact assessment
Changes - Delete reference to CIA - Delete reference to service area
non service area Result - No change to Overlay map -
Future Structure plan area - Level of assessment - Impact
assessment
Revisit strategic framework to delete CIA and ensure strategic outcomes accurately reflect the future timing of these fronts
No Maintain overlay map as advertised remove reference to CIA Minor change to the strategic framework
Other growth areas to be structure planned and held subject to planning infrastructure requirements and financial obligations being determined o Morayfield o Burpengary east o Narangba east o Joyner
RAL application would involve - Code assessment - Major non-compliance with the
assessment benchmarks in the absence of integrated land use and infrastructure planning
MCU application would involve impact assessment
- Overlay Map - Future structure
planned area - Level of assessment - RAL
Impact assessment - Major non-compliance with the
assessment benchmarks in the absence of integrated land use and infrastructure planning including the strategic outcomes
Changes - Delete references to CIA in the
strategic framework - Delete references to service
area non service area Result - No change to Overlay map -
Future structure planned area
Revisit strategic framework to delete CIA and ensure strategic outcomes accurately reflect the future timing of these fronts
No Maintain overlay map as advertised maintain Level of Assessment and remove reference to CIA
RTI1819-035-DSDMIP - Page 35 of 55
MBRC policy end Current MBRC Planning
Scheme Advertised Proposed
Planning Scheme Amendment
Amended Proposed Planning Scheme
Amendment
Other necessary changes to achieve MBRC policy end
Substantial change
- No change to Level of assessment - RAL Impact assessment
Balance of Proposed Planning Scheme Amendment
Not applicable
Changes proposed (carports setbacks sheds etc)
No further changes to the proposed Planning Scheme Amendment as provided post consultation
Not applicable
Not applicable
RTI1819-035-DSDMIP - Page 36 of 55
From Graeme BoltonTo Stewart Pentland Kerry Doss Megan BayntunCc Anthony MartiniSubject RE MBRC Planning Scheme Amendment Meeting 13062018Date Monday 18 June 2018 82200 AMAttachments image001png
image002jpg
Hi Stewart Thank you for providing the attached table and below information As per Kerryrsquos email we willreview and respond as soon as possible Regards Graeme
Graeme BoltonExecutive Director Planning and Development ServicesPlanning GroupDepartment of State Development Manufacturing Infrastructure and Planning---------------------------------------------------------------------------------------------------------------------------------------------
P 07 3452 6741 MLevel 13 1 William Street Brisbane QLD 4000PO Box 15009 City East QLD 4002wwwdsdmipqldgovau
From Stewart Pentland [mailtoStewartPentlandmoretonbayqldgovau] Sent Thursday 14 June 2018 1234 PMTo Kerry Doss ltKerryDossdsdmipqldgovaugt Graeme BoltonltGraemeBoltondsdmipqldgovaugt Megan Bayntun ltMeganBayntundsdmipqldgovaugtCc Anthony Martini ltAnthonyMartinimoretonbayqldgovaugtSubject MBRC Planning Scheme Amendment Meeting 13062018 Graeme Kerry and Megan Thank you for your time yesterday Tony and I found the meeting most useful As discussed and agreed in principle
1 Council would document a series of proposed changes to the existing Planning SchemeAmendment that responds to the States direction to remove reference to the CIA andassociated service area non-service area concepts (see attached)
2 Subject to an iterative process between the State and council this information would thenform the basis of a conditional approval of the current major scheme amendment amp
3 The existing amendment would then be finalised by way of a conditional approval consistentwith points 1 and 2 above ASAP
RTI1819-035-DSDMIP - Page 37 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
Please find attached a first draft table outlining what are considered to be the necessary changesto the current amendment We would welcome your thoughts on this so that we can continue todevelop its contents with you I note you indicated that for this approach to be utilised you would need to be comfortable thatthe type of changes proposed did not constitute a substantial change As a consequence we haveincluded a column (Substantial change) that includes our appraisal of each proposed change Againwe would welcome your thoughts on this matter also It would be good to progress this matter ASAP In doing so it would be appreciated if you couldadvise when you consider you may be able to provide a response to these initial draftrepresentations In the interim should you require anything further please let me know Regards Stewart PentlandDirectorPlanning and Economic DevelopmentMoreton Bay Regional Council2 Hasking Street Caboolture Qld 4510P 07 5433 2023M Email stewartpentlandmoretonbayqldgovauwwwmoretonbayqldgovau CCR3_email_signhr
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in this e-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are not anamed recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legalprivilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete all copiesimmediately and contact the sender to advise of the errorIt is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liability forloss or damage arising directly or indirectly from opening this email opening any attachments or any communication errorsThe views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 38 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
From Graeme BoltonTo Anthony MartiniCc Ann Abbott Stewart Pentland Kerry DossSubject RE Moreton Bay Regional Council - Amendment to Planning Scheme ProgressDate Tuesday 10 July 2018 65800 PMAttachments image001png
Good afternoon Tony Thank you for your email below I do apologise for not being able to take your call I was in ameeting and then subsequently on a teleconference when you phoned As discussed last week we met with DTMR officers who agreed to provide us with additionalinformation by tomorrow We greatly appreciate the councilrsquos willingness to work with the department to find a wayforward However given the complexity of the amendments it is not as easy as you portray tohave ldquoremoved the CIA and the servicenon service area referencesrdquo All we have at this point intime is a high level table with expressed intent To give effect to this intent involves significantchanges to the proposed amendment and carries a very high risk of unintended consequencesfor the operation of the planning scheme and potential lawfulness of the amendment I amextremely concerned about agreeing to something now only to find out after the Minister hasconditionally approved the amendment that the expressed intent cannot be delivered We are endeavouring to find a solution I will advise further once we have received theadditional information from DTMR Regards Graeme
Graeme BoltonExecutive Director Planning and Development ServicesPlanning GroupDepartment of State Development Manufacturing Infrastructure and Planning--------------------------------------------------------------- ---------------------------
P 07 3452 6741 MLevel 13 1 William Street Brisbane QLD 4000PO Box 15009 City East QLD 4002wwwdsdmipqldgovau
From Anthony Martini [mailtoAnthonyMartinimoretonbayqldgovau] Sent Tuesday 10 July 2018 108 PMTo Graeme Bolton ltGraemeBoltondsdmipqldgovaugtCc Ann Abbott ltAnnAbbottmoretonbayqldgovaugt Stewart PentlandltStewartPentlandmoretonbayqldgovaugt Kerry Doss ltKerryDossdsdmipqldgovaugtSubject Moreton Bay Regional Council - Amendment to Planning Scheme Progress
RTI1819-035-DSDMIP - Page 39 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
Hi Graeme Appreciate that you are busy however I have endeavoured to make contact with you over thepast few days for the purposes of understanding where we are at with regards to receiving apartial or full draft condition set to the amendment to the planning scheme It is nearly 4 weeks since we first met at which meeting MBRC offered to remove the CIA andservice areas non service areas from the amendment and provided shortly thereafter a tablesummary of these changes for further discussion and guidance for the State and MBRC to workthrough You have advised that these changes are agreed in principle You have also advised that thechanges need to be worked through I am in a position where I need some information from you as to what is occurring and when toprovide to the CEO and Mayor From MBRCrsquos perspective we have undertaken all that has beenasked of MBRC - removed the CIA and the servicenon service area references Is there anythingelse which MBRC needs to consider I await your advice Thanks Tony
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in thise-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are nota named recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legalprivilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete allcopies immediately and contact the sender to advise of the errorIt is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liabilityfor loss or damage arising directly or indirectly from opening this email opening any attachments or any communication errorsThe views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 40 of 55
From Graeme BoltonTo Anthony MartiniCc Stewart Pentland Kerry Doss Garth NolanSubject RE Update on draft conditionsDate Thursday 5 July 2018 30400 PMAttachments image001png
image002png
Hi Tony I appreciate your concerns and we are progressing this as fast as possible As you can alsohopefully appreciate the amendment in its own right is a very large and complex document Thechanges being proposed are not unsubstantial and have multiple unintended consequencesmany of which have the potential to adversely affect matters of state interest As such we aretrying to resolve these to an acceptable level (for the state) before sharing these with you I will forward these to you as soon as possible Regards Graeme
Graeme BoltonExecutive Director Planning and Development ServicesPlanning GroupDepartment of State Development Manufacturing Infrastructure and Planning---------------------------------------------------------------------------------------------------------------------------------------------
P 07 3452 6741 MLevel 13 1 William Street Brisbane QLD 4000PO Box 15009 City East QLD 4002wwwdsdmipqldgovau
From Anthony Martini [mailtoAnthonyMartinimoretonbayqldgovau] Sent Tuesday 3 July 2018 543 PMTo Graeme Bolton ltGraemeBoltondsdmipqldgovaugtCc Stewart Pentland ltStewartPentlandmoretonbayqldgovaugt Kerry DossltKerryDossdsdmipqldgovaugt Garth Nolan ltGarthNolandsdmipqldgovaugtSubject RE Update on draft conditions Hi Graeme Thank you for the update It would be good to catch up sooner rather than later as it is fast approaching 3 weeks since ourinitial meeting I can advise that the Mayor sought advice from me as to where the amendmentwas at - as I had advised him 10 days ago that a draft set was to be available with a day or so As discussed our preference is to collaboratively work on the content of the draft conditions Itwould be appreciated if you could send through the balance of the approval and conditions now
RTI1819-035-DSDMIP - Page 41 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
this will enable us to get the process moving Thanks Tony
From Graeme Bolton [mailtoGraemeBoltondsdmipqldgovau] Sent Tuesday 3 July 2018 307 PMTo Anthony Martini ltAnthonyMartinimoretonbayqldgovaugtCc Stewart Pentland ltStewartPentlandmoretonbayqldgovaugt Kerry DossltKerryDossdsdmipqldgovaugt Garth Nolan ltGarthNolandsdmipqldgovaugtSubject Update on draft conditions Hi Tony As previously advised I met with senior officers from DTMR today to discuss some concernstheyrsquove raised in respect to conditioning the proposed amendment I believe we have a wayforward and DTMR are working on a couple of options as a matter of priority I am expecting tohave something back from DTMR mid next week We will continue to work closely with them totry and get something out sooner As previously discussed we will share the draft conditions once we are satisfied with them Wewould be happy to work with you to ensure they are workable from councilrsquos perspective Regards Graeme
Graeme BoltonExecutive Director Planning and Development ServicesPlanning GroupDepartment of State Development Manufacturing Infrastructure and Planning---------------------------------------------------------------- -------------------------------
P 07 3452 6741 MLevel 13 1 William Street Brisbane QLD 4000PO Box 15009 City East QLD 4002wwwdsdmipqldgovau
This email and any attachments may contain confidential or privileged information and may be protected by copyright Youmust not use or disclose them other than for the purposes for which they were supplied The confidentiality and privilegeattached to this message and attachment is not waived by reason of mistaken delivery to you If you are not the intendedrecipient you must not use disclose retain forward or reproduce this message or any attachments If you receive thismessage in error please notify the sender by return email or telephone and destroy and delete all copies The Departmentdoes not accept any responsibility for any loss or damage that may result from reliance on or use of any informationcontained in this email andor attachments
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in this
e-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are not
RTI1819-035-DSDMIP - Page 42 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
a named recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legal
privilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete all
copies immediately and contact the sender to advise of the error
It is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liability
for loss or damage arising directly or indirectly from opening this email opening any attachments or any communication errors
The views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 43 of 55
RTI1819-035-DSDMIP - Page 44 of 55
RTI1819-035-DSDMIP - Page 45 of 55
RTI1819-035-DSDMIP - Page 46 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
RTI1819-035-DSDMIP - Page 47 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
RTI1819-035-DSDMIP - Page 48 of 55
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RTI1819-035-DSDMIP - Page 53 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in this e-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are not a named recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legal privilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete all copies immediately and contact the sender to advise of the error It is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liability for loss or damage arising directly or indirectly from opening this email opening any attachments or any communication errors The views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 20 of 55
1
Anne Wood
From Anthony Martini ltAnthonyMartinimoretonbayqldgovaugtSent Tuesday 3 July 2018 543 PMTo Graeme BoltonCc Stewart Pentland Kerry Doss Garth NolanSubject RE Update on draft conditions
Hi Graeme
Thank you for the update
It would be good to catch up sooner rather than later as it is fast approaching 3 weeks since our initial meeting I
can advise that the Mayor sought advice from me as to where the amendment was at ‐ as I had advised him 10 days
ago that a draft set was to be available with a day or so
As discussed our preference is to collaboratively work on the content of the draft conditions It would be
appreciated if you could send through the balance of the approval and conditions now this will enable us to get the
process moving
Thanks
Tony
From Graeme Bolton [mailtoGraemeBoltondsdmipqldgovau] Sent Tuesday 3 July 2018 307 PM To Anthony Martini ltAnthonyMartinimoretonbayqldgovaugt Cc Stewart Pentland ltStewartPentlandmoretonbayqldgovaugt Kerry Doss ltKerryDossdsdmipqldgovaugt Garth Nolan ltGarthNolandsdmipqldgovaugt Subject Update on draft conditions
Hi Tony
As previously advised I met with senior officers from DTMR today to discuss some concerns theyrsquove raised in
respect to conditioning the proposed amendment I believe we have a way forward and DTMR are working on a
couple of options as a matter of priority I am expecting to have something back from DTMR mid next week We will
continue to work closely with them to try and get something out sooner
As previously discussed we will share the draft conditions once we are satisfied with them We would be happy to
work with you to ensure they are workable from councilrsquos perspective Regards Graeme
RTI1819-035-DSDMIP - Page 21 of 55
2
Graeme Bolton Executive Director Planning and Development Services Planning Group Department of State Development Manufacturing Infrastructure and Planning ---------------------------------------------------------------------------------------------------------------------------------------------
P 07 3452 6741 MLevel 13 1 William Street Brisbane QLD 4000 PO Box 15009 City East QLD 4002 wwwdsdmipqldgovau
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in this e-mail and any
attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are not a named recipient any use of this
information including copying distribution and publication is prohibited Confidentiality and legal privilege are not waived or lost as a result of mistaken or
erroneous delivery If you are not a named recipient please delete all copies immediately and contact the sender to advise of the error
It is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liability for loss or damage
arising directly or indirectly from opening this email opening any attachments or any communication errors
The views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 22 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
From Anthony MartiniTo Graeme BoltonCc Stewart Pentland Kerry Doss Megan BayntunSubject RE MBRC Planning Scheme Amendment Meeting 13062018Date Monday 25 June 2018 80656 AMAttachments image002png
Hi Graeme As per texts over the weekend - Stewart and I will see you from 1030am this morning Thanks Tony
From Graeme Bolton [mailtoGraemeBoltondsdmipqldgovau] Sent Friday 22 June 2018 643 PMTo Anthony Martini ltAnthonyMartinimoretonbayqldgovaugtCc Stewart Pentland ltStewartPentlandmoretonbayqldgovaugt Kerry DossltKerryDossdsdmipqldgovaugt Megan Bayntun ltMeganBayntundsdmipqldgovaugtSubject RE MBRC Planning Scheme Amendment Meeting 13062018 Dear Tony Please accept my apologies for not being able to get back to you earlier today As indicated in mymessage I was unexpectedly tied up all afternoon in an emergent and urgent issue I have reviewed the provided table and support in principle the matters identified in column fourIn respect to the matters identified in column five I can understand and again support in theprinciple the need for additional changes However the extent of changes will need to satisfy thesignificantly different test This is something that the department and Minister cannot resolvefrom This may mean that the desired changes may need to be tempered with what can besupported at this point in time and further decisions made by the council in respect to the riskprofile and whether or not to proceed with particular elements In addition to the above we have examined a couple of mechanisms that may be open to theMinister in deciding the proposed amendment In short we are exploring (a) the ability to partrefuse and part approve subject to conditions or (b) to solely condition The key consideration isto ensure whatever recommendation is made to the Minister the eventual decision can withstandclose scrutiny In both options given the volume of changes we would be also recommending tothe Minister a closing condition that requires the council to submit the changed amendment forendorsement by the Chief Executive prior to adoption by the council Finally as discussed at our last meeting through the second state interest review the Departmentof Environment and Science (DES) identified concerns in relation to koala habitat and the WarnerInvestigation Area structure plan I have been chasing (and have not yet received) additionalinformation and mapping from DES in relation to this At this point in time we would be looking toinclude a condition addresses the protection of the remaining koala habitat I am hoping to getgreater clarity and certainty on this (in terms of scale and location) in the coming days
RTI1819-035-DSDMIP - Page 23 of 55
I will give you a call on Monday to discuss Please do not hesitate to contact me in the interimshould you have questions or concerns Regards Graeme
Graeme BoltonExecutive Director Planning and Development ServicesPlanning GroupDepartment of State Development Manufacturing Infrastructure and Planning---------------------------------------------------------------------------------------------------------------------------------------------
P 07 3452 6741 MLevel 13 1 William Street Brisbane QLD 4000PO Box 15009 City East QLD 4002wwwdsdmipqldgovau
From Stewart Pentland [mailtoStewartPentlandmoretonbayqldgovau] Sent Thursday 14 June 2018 1234 PMTo Kerry Doss ltKerryDossdsdmipqldgovaugt Graeme BoltonltGraemeBoltondsdmipqldgovaugt Megan Bayntun ltMeganBayntundsdmipqldgovaugtCc Anthony Martini ltAnthonyMartinimoretonbayqldgovaugtSubject MBRC Planning Scheme Amendment Meeting 13062018 Graeme Kerry and Megan Thank you for your time yesterday Tony and I found the meeting most useful As discussed and agreed in principle
1 Council would document a series of proposed changes to the existing Planning SchemeAmendment that responds to the States direction to remove reference to the CIA andassociated service area non-service area concepts (see attached)
2 Subject to an iterative process between the State and council this information would thenform the basis of a conditional approval of the current major scheme amendment amp
3 The existing amendment would then be finalised by way of a conditional approval consistentwith points 1 and 2 above ASAP
Please find attached a first draft table outlining what are considered to be the necessary changesto the current amendment We would welcome your thoughts on this so that we can continue todevelop its contents with you I note you indicated that for this approach to be utilised you would need to be comfortable thatthe type of changes proposed did not constitute a substantial change As a consequence we haveincluded a column (Substantial change) that includes our appraisal of each proposed change Againwe would welcome your thoughts on this matter also
RTI1819-035-DSDMIP - Page 24 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
It would be good to progress this matter ASAP In doing so it would be appreciated if you couldadvise when you consider you may be able to provide a response to these initial draftrepresentations In the interim should you require anything further please let me know Regards Stewart PentlandDirectorPlanning and Economic DevelopmentMoreton Bay Regional Council2 Hasking Street Caboolture Qld 4510P 07 5433 2023MEmail stewartpentlandmoretonbayqldgovauwwwmoretonbayqldgovau
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in this e-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are not anamed recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legalprivilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete all copiesimmediately and contact the sender to advise of the errorIt is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liability forloss or damage arising directly or indirectly from opening this email opening any attachments or any communication errorsThe views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
This email and any attachments may contain confidential or privileged information and may be protected by copyright Youmust not use or disclose them other than for the purposes for which they were supplied The confidentiality and privilegeattached to this message and attachment is not waived by reason of mistaken delivery to you If you are not the intendedrecipient you must not use disclose retain forward or reproduce this message or any attachments If you receive this messagein error please notify the sender by return email or telephone and destroy and delete all copies The Department does notaccept any responsibility for any loss or damage that may result from reliance on or use of any information contained in thisemail andor attachments
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in this e-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are not anamed recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legalprivilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete all copiesimmediately and contact the sender to advise of the errorIt is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liability forloss or damage arising directly or indirectly from opening this email opening any attachments or any communication errorsThe views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 25 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
From Anthony MartiniTo Graeme BoltonCc Ann Abbott Stewart Pentland Kerry DossSubject RE Moreton Bay Regional Council - Amendment to Planning Scheme ProgressDate Wednesday 11 July 2018 114220 AMAttachments image002png
Thank you for your e-mail Graeme I look forward to your further advices re this matter My reference to timing was based upon advice provided 2 weeks ago at a meeting betweenMBRC and the State that MBRC was to receive a draft condition set the following day Thanks Tony
From Graeme Bolton [mailtoGraemeBoltondsdmipqldgovau] Sent Tuesday 10 July 2018 658 PMTo Anthony Martini ltAnthonyMartinimoretonbayqldgovaugtCc Ann Abbott ltAnnAbbottmoretonbayqldgovaugt Stewart PentlandltStewartPentlandmoretonbayqldgovaugt Kerry Doss ltKerryDossdsdmipqldgovaugtSubject RE Moreton Bay Regional Council - Amendment to Planning Scheme Progress Good afternoon Tony Thank you for your email below I do apologise for not being able to take your call I was in ameeting and then subsequently on a teleconference when you phoned As discussed last week we met with DTMR officers who agreed to provide us with additionalinformation by tomorrow We greatly appreciate the councilrsquos willingness to work with the department to find a wayforward However given the complexity of the amendments it is not as easy as you portray tohave ldquoremoved the CIA and the servicenon service area referencesrdquo All we have at this point intime is a high level table with expressed intent To give effect to this intent involves significantchanges to the proposed amendment and carries a very high risk of unintended consequencesfor the operation of the planning scheme and potential lawfulness of the amendment I amextremely concerned about agreeing to something now only to find out after the Minister hasconditionally approved the amendment that the expressed intent cannot be delivered We are endeavouring to find a solution I will advise further once we have received theadditional information from DTMR Regards Graeme
RTI1819-035-DSDMIP - Page 26 of 55
Graeme BoltonExecutive Director Planning and Development ServicesPlanning GroupDepartment of State Development Manufacturing Infrastructure and Planning---------------------------------------------------------------------------------------------------------------------------------------------
P 07 3452 6741 MLevel 13 1 William Street Brisbane QLD 4000PO Box 15009 City East QLD 4002wwwdsdmipqldgovau
From Anthony Martini [mailtoAnthonyMartinimoretonbayqldgovau] Sent Tuesday 10 July 2018 108 PMTo Graeme Bolton ltGraemeBoltondsdmipqldgovaugtCc Ann Abbott ltAnnAbbottmoretonbayqldgovaugt Stewart PentlandltStewartPentlandmoretonbayqldgovaugt Kerry Doss ltKerryDossdsdmipqldgovaugtSubject Moreton Bay Regional Council - Amendment to Planning Scheme Progress Hi Graeme Appreciate that you are busy however I have endeavoured to make contact with you over thepast few days for the purposes of understanding where we are at with regards to receiving apartial or full draft condition set to the amendment to the planning scheme It is nearly 4 weeks since we first met at which meeting MBRC offered to remove the CIA andservice areas non service areas from the amendment and provided shortly thereafter a tablesummary of these changes for further discussion and guidance for the State and MBRC to workthrough You have advised that these changes are agreed in principle You have also advised that thechanges need to be worked through I am in a position where I need some information from you as to what is occurring and when toprovide to the CEO and Mayor From MBRCrsquos perspective we have undertaken all that has beenasked of MBRC - removed the CIA and the servicenon service area references Is there anythingelse which MBRC needs to consider I await your advice Thanks Tony
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in thise-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are not
RTI1819-035-DSDMIP - Page 27 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
a named recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legalprivilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete allcopies immediately and contact the sender to advise of the errorIt is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liabilityfor loss or damage arising directly or indirectly from opening this email opening any attachments or any communication errorsThe views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
This email and any attachments may contain confidential or privileged information and may be protected by copyright Youmust not use or disclose them other than for the purposes for which they were supplied The confidentiality and privilegeattached to this message and attachment is not waived by reason of mistaken delivery to you If you are not the intendedrecipient you must not use disclose retain forward or reproduce this message or any attachments If you receive thismessage in error please notify the sender by return email or telephone and destroy and delete all copies The Departmentdoes not accept any responsibility for any loss or damage that may result from reliance on or use of any informationcontained in this email andor attachments
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in thise-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are nota named recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legalprivilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete allcopies immediately and contact the sender to advise of the errorIt is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liabilityfor loss or damage arising directly or indirectly from opening this email opening any attachments or any communication errorsThe views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 28 of 55
1
Anne Wood
Subject Discussion regarding DILGPs position and proposed changes to MBRC - Major Amendment 2Location ltlt1 William Street (1WS) - 36 Floor - Meet 3614gtgt
Organizer Cindy WaltonRequired AttendeesCindy Walton Barbara Ryan Christine ONeill kateislesmoretonbayqldgovau
stewartpentlandmoretonbayqldgovau Graeme Bolton Tess PickeringOptional AttendeesBen Caldwell Ian Wright
Booking Confirmation Your room booking has been accepted with the following booking confirmation details below Building 1 William Street (1WS) Floor 36 Room Meet 3614 Room Setup Meeting Room Info Number Attending 12 Date 12 May 2017 From 1100AM To 1230PM Booked By Cindy Walton Host Cindy Walton Booking ID148766 To Join the meeting please dial sip+61730272906qgaaadqldgovau Notes Recurrence Dates Note 1 If you have booked conferencing resources please cut and paste above meeting details to the Outlook meeting invitation and send update 2 For an audio connection users dial the number only 3 For video (Skype) connections users dial the full address
Organizer Anthony MartiniResources Room - Strathpine Room 2A
Good morning The venue for this meeting is Councilrsquos Strathpine office at 220 Gympie Road Strathpine Entrance to the office is via Customer Service in Hall Street where parking is available on street Upon arrival at customer service you will be asked to complete visitor paperwork and then escorted to meeting room 2A Should you have any queries regarding this meeting request please contact me as below Kind regards Ann Abbott Operations Coordinator Engineering Construction amp Maintenance Moreton Bay Regional Council Stage 3 220 Gympie Road Strathpine P 07 3480 6233 E annabbottmoretonbayqldgovau
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in this e-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are not a named recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legal privilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete all copies immediately and contact the sender to advise of the error It is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liability for loss or damage arising directly or indirectly from opening this email opening any attachments or any communication errors The views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 30 of 55
1
Anne Wood
Subject MBRC Location 1 William St Level 12 Room 1214
Shortly you will receive an email invite to enter 1 William st with instructions on what you will need to provide to
Concierge
I will meet your party in the foyer once you have signed in
Kind regards
Anne
Anne Wood AExecutive Assistant Planning and Development Services | Brisbane Department of State Development Manufacturing Infrastructure and Planning Level 13 1 William St Brisbane QLD 4000 p 07 3452 7115 | e annewooddilgpqldgovau
RTI1819-035-DSDMIP - Page 31 of 55
From Graeme BoltonTo Anthony MartiniCc Stewart Pentland Kerry Doss Megan BayntunSubject RE MBRC Planning Scheme Amendment Meeting 13062018Date Friday 22 June 2018 64200 PMAttachments image001png
Dear Tony Please accept my apologies for not being able to get back to you earlier today As indicated in mymessage I was unexpectedly tied up all afternoon in an emergent and urgent issue I have reviewed the provided table and support in principle the matters identified in column fourIn respect to the matters identified in column five I can understand and again support in theprinciple the need for additional changes However the extent of changes will need to satisfy thesignificantly different test This is something that the department and Minister cannot resolvefrom This may mean that the desired changes may need to be tempered with what can besupported at this point in time and further decisions made by the council in respect to the riskprofile and whether or not to proceed with particular elements In addition to the above we have examined a couple of mechanisms that may be open to theMinister in deciding the proposed amendment In short we are exploring (a) the ability to partrefuse and part approve subject to conditions or (b) to solely condition The key consideration isto ensure whatever recommendation is made to the Minister the eventual decision can withstandclose scrutiny In both options given the volume of changes we would be also recommending tothe Minister a closing condition that requires the council to submit the changed amendment forendorsement by the Chief Executive prior to adoption by the council Finally as discussed at our last meeting through the second state interest review the Departmentof Environment and Science (DES) identified concerns in relation to koala habitat and the WarnerInvestigation Area structure plan I have been chasing (and have not yet received) additionalinformation and mapping from DES in relation to this At this point in time we would be looking toinclude a condition addresses the protection of the remaining koala habitat I am hoping to getgreater clarity and certainty on this (in terms of scale and location) in the coming days I will give you a call on Monday to discuss Please do not hesitate to contact me in the interimshould you have questions or concerns Regards Graeme
Graeme BoltonExecutive Director Planning and Development ServicesPlanning GroupDepartment of State Development Manufacturing Infrastructure and Planning---------------------------------------------------------------------------------------------------------------------------------------------
P 07 3452 6741 MLevel 13 1 William Street Brisbane QLD 4000
RTI1819-035-DSDMIP - Page 32 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
Summary of Proposed Planning Scheme Amendment
MBRC policy end Current MBRC Planning Scheme
Advertised Proposed Planning Scheme
Amendment
Amended Proposed Planning Scheme
Amendment
Other necessary changes to achieve MBRC policy end
Substantial change
Warner growth area - o Enable conversion of existing
industryrural residential to transition to residential outcomes
o Conversion consistent with the SEQ Regional Plan identification of Warner for growth
Industry zone and rural residential surrounded by existing residential and main roads Preliminary approval (Variation) would involve - Impact assessment - Major non-compliance with the
assessment benchmarks
- Zone change to Emerging
Community - Overlay map - Structure
planned area - Level of assessment - Service Area - RAL Code
assessment No Service Area - RAL
Impact assessment
Changes - Delete reference to CIA - Delete reference to service area
non service area Result - No change to Overlay map -
Structure planned area - Level of Assessment - RAL
Code assessment
Strengthening of assessment benchmarks required in the Emerging Community Zone Code andor RAL Code - Emerging Community Zone to assist code assessment
No Maintain overlay map as advertised maintain Level of Assessment remove reference to CIA and remove reference to Service Area and Non-Service Area
Caboolture West growth area - (Area 1) - o Enable Area 1 to proceed to
development including residential and local centre
o Consistent with the SEQ Regional Planrsquos identification of Caboolture West as an expansion area
Preliminary approval (Variation) would involve - Impact assessment - Major non-compliance with the
assessment benchmarks without a Neighhourhood Development Plan for Area 1
- Area 1 - Overlay map -
Structure planned area - Level of assessment Service Area - RAL Code
assessment Non Service Area - RAL
Impact assessment
Changes - Delete reference to CIA - Delete reference to service area
non service area Result - No change to Overlay map -
Structure planned area - Level of assessment - RAL Code
assessment for SPA1
Strengthening of assessment benchmarks required in the Local Plan Zone Code andor RAL Code - Emerging Community Zone to assist code assessment
No Maintain overlay map as advertised maintain Level of Assessment remove reference to CIA remove reference to Service Area and Non-Service Area
Caboolture West growth area - (Balance of Caboolture West) - o Enable subsequent stages to
be structure planned and released through future scheme amendments
Preliminary approval (Variation) would involve - Impact assessment - Major non-compliance with the
assessment benchmarks without a Neighhourhood Development Plan for the relevant area
- Overlay map - Future Structure
plan area - Level of assessment - Impact assessment
Changes - Delete reference to CIA - Delete reference to service area
non service area Result - No change to Overlay map -
Future Structure plan area - Level of assessment - Impact
assessment
Revisit strategic framework to delete CIA and ensure strategic outcomes accurately reflect the future timing of these fronts
No Maintain overlay map as advertised remove reference to CIA Minor change to the strategic framework
Other growth areas to be structure planned and held subject to planning infrastructure requirements and financial obligations being determined o Morayfield o Burpengary east o Narangba east o Joyner
RAL application would involve - Code assessment - Major non-compliance with the
assessment benchmarks in the absence of integrated land use and infrastructure planning
MCU application would involve impact assessment
- Overlay Map - Future structure
planned area - Level of assessment - RAL
Impact assessment - Major non-compliance with the
assessment benchmarks in the absence of integrated land use and infrastructure planning including the strategic outcomes
Changes - Delete references to CIA in the
strategic framework - Delete references to service
area non service area Result - No change to Overlay map -
Future structure planned area
Revisit strategic framework to delete CIA and ensure strategic outcomes accurately reflect the future timing of these fronts
No Maintain overlay map as advertised maintain Level of Assessment and remove reference to CIA
MBRC policy end Current MBRC Planning
Scheme Advertised Proposed
Planning Scheme Amendment
Amended Proposed Planning Scheme
Amendment
Other necessary changes to achieve MBRC policy end
Substantial change
- No change to Level of assessment - RAL Impact assessment
Balance of Proposed Planning Scheme Amendment
Not applicable
Changes proposed (carports setbacks sheds etc)
No further changes to the proposed Planning Scheme Amendment as provided post consultation
Not applicable
Not applicable
PO Box 15009 City East QLD 4002wwwdsdmipqldgovau
From Stewart Pentland [mailtoStewartPentlandmoretonbayqldgovau] Sent Thursday 14 June 2018 1234 PMTo Kerry Doss ltKerryDossdsdmipqldgovaugt Graeme BoltonltGraemeBoltondsdmipqldgovaugt Megan Bayntun ltMeganBayntundsdmipqldgovaugtCc Anthony Martini ltAnthonyMartinimoretonbayqldgovaugtSubject MBRC Planning Scheme Amendment Meeting 13062018 Graeme Kerry and Megan Thank you for your time yesterday Tony and I found the meeting most useful As discussed and agreed in principle
1 Council would document a series of proposed changes to the existing Planning SchemeAmendment that responds to the States direction to remove reference to the CIA andassociated service area non-service area concepts (see attached)
2 Subject to an iterative process between the State and council this information would thenform the basis of a conditional approval of the current major scheme amendment amp
3 The existing amendment would then be finalised by way of a conditional approval consistentwith points 1 and 2 above ASAP
Please find attached a first draft table outlining what are considered to be the necessary changesto the current amendment We would welcome your thoughts on this so that we can continue todevelop its contents with you I note you indicated that for this approach to be utilised you would need to be comfortable thatthe type of changes proposed did not constitute a substantial change As a consequence we haveincluded a column (Substantial change) that includes our appraisal of each proposed change Againwe would welcome your thoughts on this matter also It would be good to progress this matter ASAP In doing so it would be appreciated if you couldadvise when you consider you may be able to provide a response to these initial draftrepresentations In the interim should you require anything further please let me know Regards Stewart PentlandDirectorPlanning and Economic DevelopmentMoreton Bay Regional Council2 Hasking Street Caboolture Qld 4510P 07 5433 2023M Email stewartpentlandmoretonbayqldgovauwwwmoretonbayqldgovau
RTI1819-035-DSDMIP - Page 33 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in this e-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are not anamed recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legalprivilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete all copiesimmediately and contact the sender to advise of the errorIt is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liability forloss or damage arising directly or indirectly from opening this email opening any attachments or any communication errorsThe views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 34 of 55
Summary of Proposed Planning Scheme Amendment
MBRC policy end Current MBRC Planning Scheme
Advertised Proposed Planning Scheme
Amendment
Amended Proposed Planning Scheme
Amendment
Other necessary changes to achieve MBRC policy end
Substantial change
Warner growth area - o Enable conversion of existing
industryrural residential to transition to residential outcomes
o Conversion consistent with the SEQ Regional Plan identification of Warner for growth
Industry zone and rural residential surrounded by existing residential and main roads Preliminary approval (Variation) would involve - Impact assessment - Major non-compliance with the
assessment benchmarks
- Zone change to Emerging
Community - Overlay map - Structure
planned area - Level of assessment - Service Area - RAL Code
assessment No Service Area - RAL
Impact assessment
Changes - Delete reference to CIA - Delete reference to service area
non service area Result - No change to Overlay map -
Structure planned area - Level of Assessment - RAL
Code assessment
Strengthening of assessment benchmarks required in the Emerging Community Zone Code andor RAL Code - Emerging Community Zone to assist code assessment
No Maintain overlay map as advertised maintain Level of Assessment remove reference to CIA and remove reference to Service Area and Non-Service Area
Caboolture West growth area - (Area 1) - o Enable Area 1 to proceed to
development including residential and local centre
o Consistent with the SEQ Regional Planrsquos identification of Caboolture West as an expansion area
Preliminary approval (Variation) would involve - Impact assessment - Major non-compliance with the
assessment benchmarks without a Neighhourhood Development Plan for Area 1
- Area 1 - Overlay map -
Structure planned area - Level of assessment Service Area - RAL Code
assessment Non Service Area - RAL
Impact assessment
Changes - Delete reference to CIA - Delete reference to service area
non service area Result - No change to Overlay map -
Structure planned area - Level of assessment - RAL Code
assessment for SPA1
Strengthening of assessment benchmarks required in the Local Plan Zone Code andor RAL Code - Emerging Community Zone to assist code assessment
No Maintain overlay map as advertised maintain Level of Assessment remove reference to CIA remove reference to Service Area and Non-Service Area
Caboolture West growth area - (Balance of Caboolture West) - o Enable subsequent stages to
be structure planned and released through future scheme amendments
Preliminary approval (Variation) would involve - Impact assessment - Major non-compliance with the
assessment benchmarks without a Neighhourhood Development Plan for the relevant area
- Overlay map - Future Structure
plan area - Level of assessment - Impact assessment
Changes - Delete reference to CIA - Delete reference to service area
non service area Result - No change to Overlay map -
Future Structure plan area - Level of assessment - Impact
assessment
Revisit strategic framework to delete CIA and ensure strategic outcomes accurately reflect the future timing of these fronts
No Maintain overlay map as advertised remove reference to CIA Minor change to the strategic framework
Other growth areas to be structure planned and held subject to planning infrastructure requirements and financial obligations being determined o Morayfield o Burpengary east o Narangba east o Joyner
RAL application would involve - Code assessment - Major non-compliance with the
assessment benchmarks in the absence of integrated land use and infrastructure planning
MCU application would involve impact assessment
- Overlay Map - Future structure
planned area - Level of assessment - RAL
Impact assessment - Major non-compliance with the
assessment benchmarks in the absence of integrated land use and infrastructure planning including the strategic outcomes
Changes - Delete references to CIA in the
strategic framework - Delete references to service
area non service area Result - No change to Overlay map -
Future structure planned area
Revisit strategic framework to delete CIA and ensure strategic outcomes accurately reflect the future timing of these fronts
No Maintain overlay map as advertised maintain Level of Assessment and remove reference to CIA
RTI1819-035-DSDMIP - Page 35 of 55
MBRC policy end Current MBRC Planning
Scheme Advertised Proposed
Planning Scheme Amendment
Amended Proposed Planning Scheme
Amendment
Other necessary changes to achieve MBRC policy end
Substantial change
- No change to Level of assessment - RAL Impact assessment
Balance of Proposed Planning Scheme Amendment
Not applicable
Changes proposed (carports setbacks sheds etc)
No further changes to the proposed Planning Scheme Amendment as provided post consultation
Not applicable
Not applicable
RTI1819-035-DSDMIP - Page 36 of 55
From Graeme BoltonTo Stewart Pentland Kerry Doss Megan BayntunCc Anthony MartiniSubject RE MBRC Planning Scheme Amendment Meeting 13062018Date Monday 18 June 2018 82200 AMAttachments image001png
image002jpg
Hi Stewart Thank you for providing the attached table and below information As per Kerryrsquos email we willreview and respond as soon as possible Regards Graeme
Graeme BoltonExecutive Director Planning and Development ServicesPlanning GroupDepartment of State Development Manufacturing Infrastructure and Planning---------------------------------------------------------------------------------------------------------------------------------------------
P 07 3452 6741 MLevel 13 1 William Street Brisbane QLD 4000PO Box 15009 City East QLD 4002wwwdsdmipqldgovau
From Stewart Pentland [mailtoStewartPentlandmoretonbayqldgovau] Sent Thursday 14 June 2018 1234 PMTo Kerry Doss ltKerryDossdsdmipqldgovaugt Graeme BoltonltGraemeBoltondsdmipqldgovaugt Megan Bayntun ltMeganBayntundsdmipqldgovaugtCc Anthony Martini ltAnthonyMartinimoretonbayqldgovaugtSubject MBRC Planning Scheme Amendment Meeting 13062018 Graeme Kerry and Megan Thank you for your time yesterday Tony and I found the meeting most useful As discussed and agreed in principle
1 Council would document a series of proposed changes to the existing Planning SchemeAmendment that responds to the States direction to remove reference to the CIA andassociated service area non-service area concepts (see attached)
2 Subject to an iterative process between the State and council this information would thenform the basis of a conditional approval of the current major scheme amendment amp
3 The existing amendment would then be finalised by way of a conditional approval consistentwith points 1 and 2 above ASAP
RTI1819-035-DSDMIP - Page 37 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
Please find attached a first draft table outlining what are considered to be the necessary changesto the current amendment We would welcome your thoughts on this so that we can continue todevelop its contents with you I note you indicated that for this approach to be utilised you would need to be comfortable thatthe type of changes proposed did not constitute a substantial change As a consequence we haveincluded a column (Substantial change) that includes our appraisal of each proposed change Againwe would welcome your thoughts on this matter also It would be good to progress this matter ASAP In doing so it would be appreciated if you couldadvise when you consider you may be able to provide a response to these initial draftrepresentations In the interim should you require anything further please let me know Regards Stewart PentlandDirectorPlanning and Economic DevelopmentMoreton Bay Regional Council2 Hasking Street Caboolture Qld 4510P 07 5433 2023M Email stewartpentlandmoretonbayqldgovauwwwmoretonbayqldgovau CCR3_email_signhr
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in this e-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are not anamed recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legalprivilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete all copiesimmediately and contact the sender to advise of the errorIt is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liability forloss or damage arising directly or indirectly from opening this email opening any attachments or any communication errorsThe views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 38 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
From Graeme BoltonTo Anthony MartiniCc Ann Abbott Stewart Pentland Kerry DossSubject RE Moreton Bay Regional Council - Amendment to Planning Scheme ProgressDate Tuesday 10 July 2018 65800 PMAttachments image001png
Good afternoon Tony Thank you for your email below I do apologise for not being able to take your call I was in ameeting and then subsequently on a teleconference when you phoned As discussed last week we met with DTMR officers who agreed to provide us with additionalinformation by tomorrow We greatly appreciate the councilrsquos willingness to work with the department to find a wayforward However given the complexity of the amendments it is not as easy as you portray tohave ldquoremoved the CIA and the servicenon service area referencesrdquo All we have at this point intime is a high level table with expressed intent To give effect to this intent involves significantchanges to the proposed amendment and carries a very high risk of unintended consequencesfor the operation of the planning scheme and potential lawfulness of the amendment I amextremely concerned about agreeing to something now only to find out after the Minister hasconditionally approved the amendment that the expressed intent cannot be delivered We are endeavouring to find a solution I will advise further once we have received theadditional information from DTMR Regards Graeme
Graeme BoltonExecutive Director Planning and Development ServicesPlanning GroupDepartment of State Development Manufacturing Infrastructure and Planning--------------------------------------------------------------- ---------------------------
P 07 3452 6741 MLevel 13 1 William Street Brisbane QLD 4000PO Box 15009 City East QLD 4002wwwdsdmipqldgovau
From Anthony Martini [mailtoAnthonyMartinimoretonbayqldgovau] Sent Tuesday 10 July 2018 108 PMTo Graeme Bolton ltGraemeBoltondsdmipqldgovaugtCc Ann Abbott ltAnnAbbottmoretonbayqldgovaugt Stewart PentlandltStewartPentlandmoretonbayqldgovaugt Kerry Doss ltKerryDossdsdmipqldgovaugtSubject Moreton Bay Regional Council - Amendment to Planning Scheme Progress
RTI1819-035-DSDMIP - Page 39 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
Hi Graeme Appreciate that you are busy however I have endeavoured to make contact with you over thepast few days for the purposes of understanding where we are at with regards to receiving apartial or full draft condition set to the amendment to the planning scheme It is nearly 4 weeks since we first met at which meeting MBRC offered to remove the CIA andservice areas non service areas from the amendment and provided shortly thereafter a tablesummary of these changes for further discussion and guidance for the State and MBRC to workthrough You have advised that these changes are agreed in principle You have also advised that thechanges need to be worked through I am in a position where I need some information from you as to what is occurring and when toprovide to the CEO and Mayor From MBRCrsquos perspective we have undertaken all that has beenasked of MBRC - removed the CIA and the servicenon service area references Is there anythingelse which MBRC needs to consider I await your advice Thanks Tony
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in thise-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are nota named recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legalprivilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete allcopies immediately and contact the sender to advise of the errorIt is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liabilityfor loss or damage arising directly or indirectly from opening this email opening any attachments or any communication errorsThe views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 40 of 55
From Graeme BoltonTo Anthony MartiniCc Stewart Pentland Kerry Doss Garth NolanSubject RE Update on draft conditionsDate Thursday 5 July 2018 30400 PMAttachments image001png
image002png
Hi Tony I appreciate your concerns and we are progressing this as fast as possible As you can alsohopefully appreciate the amendment in its own right is a very large and complex document Thechanges being proposed are not unsubstantial and have multiple unintended consequencesmany of which have the potential to adversely affect matters of state interest As such we aretrying to resolve these to an acceptable level (for the state) before sharing these with you I will forward these to you as soon as possible Regards Graeme
Graeme BoltonExecutive Director Planning and Development ServicesPlanning GroupDepartment of State Development Manufacturing Infrastructure and Planning---------------------------------------------------------------------------------------------------------------------------------------------
P 07 3452 6741 MLevel 13 1 William Street Brisbane QLD 4000PO Box 15009 City East QLD 4002wwwdsdmipqldgovau
From Anthony Martini [mailtoAnthonyMartinimoretonbayqldgovau] Sent Tuesday 3 July 2018 543 PMTo Graeme Bolton ltGraemeBoltondsdmipqldgovaugtCc Stewart Pentland ltStewartPentlandmoretonbayqldgovaugt Kerry DossltKerryDossdsdmipqldgovaugt Garth Nolan ltGarthNolandsdmipqldgovaugtSubject RE Update on draft conditions Hi Graeme Thank you for the update It would be good to catch up sooner rather than later as it is fast approaching 3 weeks since ourinitial meeting I can advise that the Mayor sought advice from me as to where the amendmentwas at - as I had advised him 10 days ago that a draft set was to be available with a day or so As discussed our preference is to collaboratively work on the content of the draft conditions Itwould be appreciated if you could send through the balance of the approval and conditions now
RTI1819-035-DSDMIP - Page 41 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
this will enable us to get the process moving Thanks Tony
From Graeme Bolton [mailtoGraemeBoltondsdmipqldgovau] Sent Tuesday 3 July 2018 307 PMTo Anthony Martini ltAnthonyMartinimoretonbayqldgovaugtCc Stewart Pentland ltStewartPentlandmoretonbayqldgovaugt Kerry DossltKerryDossdsdmipqldgovaugt Garth Nolan ltGarthNolandsdmipqldgovaugtSubject Update on draft conditions Hi Tony As previously advised I met with senior officers from DTMR today to discuss some concernstheyrsquove raised in respect to conditioning the proposed amendment I believe we have a wayforward and DTMR are working on a couple of options as a matter of priority I am expecting tohave something back from DTMR mid next week We will continue to work closely with them totry and get something out sooner As previously discussed we will share the draft conditions once we are satisfied with them Wewould be happy to work with you to ensure they are workable from councilrsquos perspective Regards Graeme
Graeme BoltonExecutive Director Planning and Development ServicesPlanning GroupDepartment of State Development Manufacturing Infrastructure and Planning---------------------------------------------------------------- -------------------------------
P 07 3452 6741 MLevel 13 1 William Street Brisbane QLD 4000PO Box 15009 City East QLD 4002wwwdsdmipqldgovau
This email and any attachments may contain confidential or privileged information and may be protected by copyright Youmust not use or disclose them other than for the purposes for which they were supplied The confidentiality and privilegeattached to this message and attachment is not waived by reason of mistaken delivery to you If you are not the intendedrecipient you must not use disclose retain forward or reproduce this message or any attachments If you receive thismessage in error please notify the sender by return email or telephone and destroy and delete all copies The Departmentdoes not accept any responsibility for any loss or damage that may result from reliance on or use of any informationcontained in this email andor attachments
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in this
e-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are not
RTI1819-035-DSDMIP - Page 42 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
a named recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legal
privilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete all
copies immediately and contact the sender to advise of the error
It is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liability
for loss or damage arising directly or indirectly from opening this email opening any attachments or any communication errors
The views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 43 of 55
RTI1819-035-DSDMIP - Page 44 of 55
RTI1819-035-DSDMIP - Page 45 of 55
RTI1819-035-DSDMIP - Page 46 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
RTI1819-035-DSDMIP - Page 47 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
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Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
RTI1819-035-DSDMIP - Page 53 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
RTI1819-035-DSDMIP - Page 54 of 55
RTI1819-035-DSDMIP - Page 55 of 55
1
Anne Wood
From Anthony Martini ltAnthonyMartinimoretonbayqldgovaugtSent Tuesday 3 July 2018 543 PMTo Graeme BoltonCc Stewart Pentland Kerry Doss Garth NolanSubject RE Update on draft conditions
Hi Graeme
Thank you for the update
It would be good to catch up sooner rather than later as it is fast approaching 3 weeks since our initial meeting I
can advise that the Mayor sought advice from me as to where the amendment was at ‐ as I had advised him 10 days
ago that a draft set was to be available with a day or so
As discussed our preference is to collaboratively work on the content of the draft conditions It would be
appreciated if you could send through the balance of the approval and conditions now this will enable us to get the
process moving
Thanks
Tony
From Graeme Bolton [mailtoGraemeBoltondsdmipqldgovau] Sent Tuesday 3 July 2018 307 PM To Anthony Martini ltAnthonyMartinimoretonbayqldgovaugt Cc Stewart Pentland ltStewartPentlandmoretonbayqldgovaugt Kerry Doss ltKerryDossdsdmipqldgovaugt Garth Nolan ltGarthNolandsdmipqldgovaugt Subject Update on draft conditions
Hi Tony
As previously advised I met with senior officers from DTMR today to discuss some concerns theyrsquove raised in
respect to conditioning the proposed amendment I believe we have a way forward and DTMR are working on a
couple of options as a matter of priority I am expecting to have something back from DTMR mid next week We will
continue to work closely with them to try and get something out sooner
As previously discussed we will share the draft conditions once we are satisfied with them We would be happy to
work with you to ensure they are workable from councilrsquos perspective Regards Graeme
RTI1819-035-DSDMIP - Page 21 of 55
2
Graeme Bolton Executive Director Planning and Development Services Planning Group Department of State Development Manufacturing Infrastructure and Planning ---------------------------------------------------------------------------------------------------------------------------------------------
P 07 3452 6741 MLevel 13 1 William Street Brisbane QLD 4000 PO Box 15009 City East QLD 4002 wwwdsdmipqldgovau
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in this e-mail and any
attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are not a named recipient any use of this
information including copying distribution and publication is prohibited Confidentiality and legal privilege are not waived or lost as a result of mistaken or
erroneous delivery If you are not a named recipient please delete all copies immediately and contact the sender to advise of the error
It is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liability for loss or damage
arising directly or indirectly from opening this email opening any attachments or any communication errors
The views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 22 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
From Anthony MartiniTo Graeme BoltonCc Stewart Pentland Kerry Doss Megan BayntunSubject RE MBRC Planning Scheme Amendment Meeting 13062018Date Monday 25 June 2018 80656 AMAttachments image002png
Hi Graeme As per texts over the weekend - Stewart and I will see you from 1030am this morning Thanks Tony
From Graeme Bolton [mailtoGraemeBoltondsdmipqldgovau] Sent Friday 22 June 2018 643 PMTo Anthony Martini ltAnthonyMartinimoretonbayqldgovaugtCc Stewart Pentland ltStewartPentlandmoretonbayqldgovaugt Kerry DossltKerryDossdsdmipqldgovaugt Megan Bayntun ltMeganBayntundsdmipqldgovaugtSubject RE MBRC Planning Scheme Amendment Meeting 13062018 Dear Tony Please accept my apologies for not being able to get back to you earlier today As indicated in mymessage I was unexpectedly tied up all afternoon in an emergent and urgent issue I have reviewed the provided table and support in principle the matters identified in column fourIn respect to the matters identified in column five I can understand and again support in theprinciple the need for additional changes However the extent of changes will need to satisfy thesignificantly different test This is something that the department and Minister cannot resolvefrom This may mean that the desired changes may need to be tempered with what can besupported at this point in time and further decisions made by the council in respect to the riskprofile and whether or not to proceed with particular elements In addition to the above we have examined a couple of mechanisms that may be open to theMinister in deciding the proposed amendment In short we are exploring (a) the ability to partrefuse and part approve subject to conditions or (b) to solely condition The key consideration isto ensure whatever recommendation is made to the Minister the eventual decision can withstandclose scrutiny In both options given the volume of changes we would be also recommending tothe Minister a closing condition that requires the council to submit the changed amendment forendorsement by the Chief Executive prior to adoption by the council Finally as discussed at our last meeting through the second state interest review the Departmentof Environment and Science (DES) identified concerns in relation to koala habitat and the WarnerInvestigation Area structure plan I have been chasing (and have not yet received) additionalinformation and mapping from DES in relation to this At this point in time we would be looking toinclude a condition addresses the protection of the remaining koala habitat I am hoping to getgreater clarity and certainty on this (in terms of scale and location) in the coming days
RTI1819-035-DSDMIP - Page 23 of 55
I will give you a call on Monday to discuss Please do not hesitate to contact me in the interimshould you have questions or concerns Regards Graeme
Graeme BoltonExecutive Director Planning and Development ServicesPlanning GroupDepartment of State Development Manufacturing Infrastructure and Planning---------------------------------------------------------------------------------------------------------------------------------------------
P 07 3452 6741 MLevel 13 1 William Street Brisbane QLD 4000PO Box 15009 City East QLD 4002wwwdsdmipqldgovau
From Stewart Pentland [mailtoStewartPentlandmoretonbayqldgovau] Sent Thursday 14 June 2018 1234 PMTo Kerry Doss ltKerryDossdsdmipqldgovaugt Graeme BoltonltGraemeBoltondsdmipqldgovaugt Megan Bayntun ltMeganBayntundsdmipqldgovaugtCc Anthony Martini ltAnthonyMartinimoretonbayqldgovaugtSubject MBRC Planning Scheme Amendment Meeting 13062018 Graeme Kerry and Megan Thank you for your time yesterday Tony and I found the meeting most useful As discussed and agreed in principle
1 Council would document a series of proposed changes to the existing Planning SchemeAmendment that responds to the States direction to remove reference to the CIA andassociated service area non-service area concepts (see attached)
2 Subject to an iterative process between the State and council this information would thenform the basis of a conditional approval of the current major scheme amendment amp
3 The existing amendment would then be finalised by way of a conditional approval consistentwith points 1 and 2 above ASAP
Please find attached a first draft table outlining what are considered to be the necessary changesto the current amendment We would welcome your thoughts on this so that we can continue todevelop its contents with you I note you indicated that for this approach to be utilised you would need to be comfortable thatthe type of changes proposed did not constitute a substantial change As a consequence we haveincluded a column (Substantial change) that includes our appraisal of each proposed change Againwe would welcome your thoughts on this matter also
RTI1819-035-DSDMIP - Page 24 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
It would be good to progress this matter ASAP In doing so it would be appreciated if you couldadvise when you consider you may be able to provide a response to these initial draftrepresentations In the interim should you require anything further please let me know Regards Stewart PentlandDirectorPlanning and Economic DevelopmentMoreton Bay Regional Council2 Hasking Street Caboolture Qld 4510P 07 5433 2023MEmail stewartpentlandmoretonbayqldgovauwwwmoretonbayqldgovau
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in this e-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are not anamed recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legalprivilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete all copiesimmediately and contact the sender to advise of the errorIt is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liability forloss or damage arising directly or indirectly from opening this email opening any attachments or any communication errorsThe views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
This email and any attachments may contain confidential or privileged information and may be protected by copyright Youmust not use or disclose them other than for the purposes for which they were supplied The confidentiality and privilegeattached to this message and attachment is not waived by reason of mistaken delivery to you If you are not the intendedrecipient you must not use disclose retain forward or reproduce this message or any attachments If you receive this messagein error please notify the sender by return email or telephone and destroy and delete all copies The Department does notaccept any responsibility for any loss or damage that may result from reliance on or use of any information contained in thisemail andor attachments
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in this e-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are not anamed recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legalprivilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete all copiesimmediately and contact the sender to advise of the errorIt is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liability forloss or damage arising directly or indirectly from opening this email opening any attachments or any communication errorsThe views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 25 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
From Anthony MartiniTo Graeme BoltonCc Ann Abbott Stewart Pentland Kerry DossSubject RE Moreton Bay Regional Council - Amendment to Planning Scheme ProgressDate Wednesday 11 July 2018 114220 AMAttachments image002png
Thank you for your e-mail Graeme I look forward to your further advices re this matter My reference to timing was based upon advice provided 2 weeks ago at a meeting betweenMBRC and the State that MBRC was to receive a draft condition set the following day Thanks Tony
From Graeme Bolton [mailtoGraemeBoltondsdmipqldgovau] Sent Tuesday 10 July 2018 658 PMTo Anthony Martini ltAnthonyMartinimoretonbayqldgovaugtCc Ann Abbott ltAnnAbbottmoretonbayqldgovaugt Stewart PentlandltStewartPentlandmoretonbayqldgovaugt Kerry Doss ltKerryDossdsdmipqldgovaugtSubject RE Moreton Bay Regional Council - Amendment to Planning Scheme Progress Good afternoon Tony Thank you for your email below I do apologise for not being able to take your call I was in ameeting and then subsequently on a teleconference when you phoned As discussed last week we met with DTMR officers who agreed to provide us with additionalinformation by tomorrow We greatly appreciate the councilrsquos willingness to work with the department to find a wayforward However given the complexity of the amendments it is not as easy as you portray tohave ldquoremoved the CIA and the servicenon service area referencesrdquo All we have at this point intime is a high level table with expressed intent To give effect to this intent involves significantchanges to the proposed amendment and carries a very high risk of unintended consequencesfor the operation of the planning scheme and potential lawfulness of the amendment I amextremely concerned about agreeing to something now only to find out after the Minister hasconditionally approved the amendment that the expressed intent cannot be delivered We are endeavouring to find a solution I will advise further once we have received theadditional information from DTMR Regards Graeme
RTI1819-035-DSDMIP - Page 26 of 55
Graeme BoltonExecutive Director Planning and Development ServicesPlanning GroupDepartment of State Development Manufacturing Infrastructure and Planning---------------------------------------------------------------------------------------------------------------------------------------------
P 07 3452 6741 MLevel 13 1 William Street Brisbane QLD 4000PO Box 15009 City East QLD 4002wwwdsdmipqldgovau
From Anthony Martini [mailtoAnthonyMartinimoretonbayqldgovau] Sent Tuesday 10 July 2018 108 PMTo Graeme Bolton ltGraemeBoltondsdmipqldgovaugtCc Ann Abbott ltAnnAbbottmoretonbayqldgovaugt Stewart PentlandltStewartPentlandmoretonbayqldgovaugt Kerry Doss ltKerryDossdsdmipqldgovaugtSubject Moreton Bay Regional Council - Amendment to Planning Scheme Progress Hi Graeme Appreciate that you are busy however I have endeavoured to make contact with you over thepast few days for the purposes of understanding where we are at with regards to receiving apartial or full draft condition set to the amendment to the planning scheme It is nearly 4 weeks since we first met at which meeting MBRC offered to remove the CIA andservice areas non service areas from the amendment and provided shortly thereafter a tablesummary of these changes for further discussion and guidance for the State and MBRC to workthrough You have advised that these changes are agreed in principle You have also advised that thechanges need to be worked through I am in a position where I need some information from you as to what is occurring and when toprovide to the CEO and Mayor From MBRCrsquos perspective we have undertaken all that has beenasked of MBRC - removed the CIA and the servicenon service area references Is there anythingelse which MBRC needs to consider I await your advice Thanks Tony
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in thise-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are not
RTI1819-035-DSDMIP - Page 27 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
a named recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legalprivilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete allcopies immediately and contact the sender to advise of the errorIt is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liabilityfor loss or damage arising directly or indirectly from opening this email opening any attachments or any communication errorsThe views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
This email and any attachments may contain confidential or privileged information and may be protected by copyright Youmust not use or disclose them other than for the purposes for which they were supplied The confidentiality and privilegeattached to this message and attachment is not waived by reason of mistaken delivery to you If you are not the intendedrecipient you must not use disclose retain forward or reproduce this message or any attachments If you receive thismessage in error please notify the sender by return email or telephone and destroy and delete all copies The Departmentdoes not accept any responsibility for any loss or damage that may result from reliance on or use of any informationcontained in this email andor attachments
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in thise-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are nota named recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legalprivilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete allcopies immediately and contact the sender to advise of the errorIt is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liabilityfor loss or damage arising directly or indirectly from opening this email opening any attachments or any communication errorsThe views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 28 of 55
1
Anne Wood
Subject Discussion regarding DILGPs position and proposed changes to MBRC - Major Amendment 2Location ltlt1 William Street (1WS) - 36 Floor - Meet 3614gtgt
Organizer Cindy WaltonRequired AttendeesCindy Walton Barbara Ryan Christine ONeill kateislesmoretonbayqldgovau
stewartpentlandmoretonbayqldgovau Graeme Bolton Tess PickeringOptional AttendeesBen Caldwell Ian Wright
Booking Confirmation Your room booking has been accepted with the following booking confirmation details below Building 1 William Street (1WS) Floor 36 Room Meet 3614 Room Setup Meeting Room Info Number Attending 12 Date 12 May 2017 From 1100AM To 1230PM Booked By Cindy Walton Host Cindy Walton Booking ID148766 To Join the meeting please dial sip+61730272906qgaaadqldgovau Notes Recurrence Dates Note 1 If you have booked conferencing resources please cut and paste above meeting details to the Outlook meeting invitation and send update 2 For an audio connection users dial the number only 3 For video (Skype) connections users dial the full address
Organizer Anthony MartiniResources Room - Strathpine Room 2A
Good morning The venue for this meeting is Councilrsquos Strathpine office at 220 Gympie Road Strathpine Entrance to the office is via Customer Service in Hall Street where parking is available on street Upon arrival at customer service you will be asked to complete visitor paperwork and then escorted to meeting room 2A Should you have any queries regarding this meeting request please contact me as below Kind regards Ann Abbott Operations Coordinator Engineering Construction amp Maintenance Moreton Bay Regional Council Stage 3 220 Gympie Road Strathpine P 07 3480 6233 E annabbottmoretonbayqldgovau
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in this e-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are not a named recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legal privilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete all copies immediately and contact the sender to advise of the error It is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liability for loss or damage arising directly or indirectly from opening this email opening any attachments or any communication errors The views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 30 of 55
1
Anne Wood
Subject MBRC Location 1 William St Level 12 Room 1214
Shortly you will receive an email invite to enter 1 William st with instructions on what you will need to provide to
Concierge
I will meet your party in the foyer once you have signed in
Kind regards
Anne
Anne Wood AExecutive Assistant Planning and Development Services | Brisbane Department of State Development Manufacturing Infrastructure and Planning Level 13 1 William St Brisbane QLD 4000 p 07 3452 7115 | e annewooddilgpqldgovau
RTI1819-035-DSDMIP - Page 31 of 55
From Graeme BoltonTo Anthony MartiniCc Stewart Pentland Kerry Doss Megan BayntunSubject RE MBRC Planning Scheme Amendment Meeting 13062018Date Friday 22 June 2018 64200 PMAttachments image001png
Dear Tony Please accept my apologies for not being able to get back to you earlier today As indicated in mymessage I was unexpectedly tied up all afternoon in an emergent and urgent issue I have reviewed the provided table and support in principle the matters identified in column fourIn respect to the matters identified in column five I can understand and again support in theprinciple the need for additional changes However the extent of changes will need to satisfy thesignificantly different test This is something that the department and Minister cannot resolvefrom This may mean that the desired changes may need to be tempered with what can besupported at this point in time and further decisions made by the council in respect to the riskprofile and whether or not to proceed with particular elements In addition to the above we have examined a couple of mechanisms that may be open to theMinister in deciding the proposed amendment In short we are exploring (a) the ability to partrefuse and part approve subject to conditions or (b) to solely condition The key consideration isto ensure whatever recommendation is made to the Minister the eventual decision can withstandclose scrutiny In both options given the volume of changes we would be also recommending tothe Minister a closing condition that requires the council to submit the changed amendment forendorsement by the Chief Executive prior to adoption by the council Finally as discussed at our last meeting through the second state interest review the Departmentof Environment and Science (DES) identified concerns in relation to koala habitat and the WarnerInvestigation Area structure plan I have been chasing (and have not yet received) additionalinformation and mapping from DES in relation to this At this point in time we would be looking toinclude a condition addresses the protection of the remaining koala habitat I am hoping to getgreater clarity and certainty on this (in terms of scale and location) in the coming days I will give you a call on Monday to discuss Please do not hesitate to contact me in the interimshould you have questions or concerns Regards Graeme
Graeme BoltonExecutive Director Planning and Development ServicesPlanning GroupDepartment of State Development Manufacturing Infrastructure and Planning---------------------------------------------------------------------------------------------------------------------------------------------
P 07 3452 6741 MLevel 13 1 William Street Brisbane QLD 4000
RTI1819-035-DSDMIP - Page 32 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
Summary of Proposed Planning Scheme Amendment
MBRC policy end Current MBRC Planning Scheme
Advertised Proposed Planning Scheme
Amendment
Amended Proposed Planning Scheme
Amendment
Other necessary changes to achieve MBRC policy end
Substantial change
Warner growth area - o Enable conversion of existing
industryrural residential to transition to residential outcomes
o Conversion consistent with the SEQ Regional Plan identification of Warner for growth
Industry zone and rural residential surrounded by existing residential and main roads Preliminary approval (Variation) would involve - Impact assessment - Major non-compliance with the
assessment benchmarks
- Zone change to Emerging
Community - Overlay map - Structure
planned area - Level of assessment - Service Area - RAL Code
assessment No Service Area - RAL
Impact assessment
Changes - Delete reference to CIA - Delete reference to service area
non service area Result - No change to Overlay map -
Structure planned area - Level of Assessment - RAL
Code assessment
Strengthening of assessment benchmarks required in the Emerging Community Zone Code andor RAL Code - Emerging Community Zone to assist code assessment
No Maintain overlay map as advertised maintain Level of Assessment remove reference to CIA and remove reference to Service Area and Non-Service Area
Caboolture West growth area - (Area 1) - o Enable Area 1 to proceed to
development including residential and local centre
o Consistent with the SEQ Regional Planrsquos identification of Caboolture West as an expansion area
Preliminary approval (Variation) would involve - Impact assessment - Major non-compliance with the
assessment benchmarks without a Neighhourhood Development Plan for Area 1
- Area 1 - Overlay map -
Structure planned area - Level of assessment Service Area - RAL Code
assessment Non Service Area - RAL
Impact assessment
Changes - Delete reference to CIA - Delete reference to service area
non service area Result - No change to Overlay map -
Structure planned area - Level of assessment - RAL Code
assessment for SPA1
Strengthening of assessment benchmarks required in the Local Plan Zone Code andor RAL Code - Emerging Community Zone to assist code assessment
No Maintain overlay map as advertised maintain Level of Assessment remove reference to CIA remove reference to Service Area and Non-Service Area
Caboolture West growth area - (Balance of Caboolture West) - o Enable subsequent stages to
be structure planned and released through future scheme amendments
Preliminary approval (Variation) would involve - Impact assessment - Major non-compliance with the
assessment benchmarks without a Neighhourhood Development Plan for the relevant area
- Overlay map - Future Structure
plan area - Level of assessment - Impact assessment
Changes - Delete reference to CIA - Delete reference to service area
non service area Result - No change to Overlay map -
Future Structure plan area - Level of assessment - Impact
assessment
Revisit strategic framework to delete CIA and ensure strategic outcomes accurately reflect the future timing of these fronts
No Maintain overlay map as advertised remove reference to CIA Minor change to the strategic framework
Other growth areas to be structure planned and held subject to planning infrastructure requirements and financial obligations being determined o Morayfield o Burpengary east o Narangba east o Joyner
RAL application would involve - Code assessment - Major non-compliance with the
assessment benchmarks in the absence of integrated land use and infrastructure planning
MCU application would involve impact assessment
- Overlay Map - Future structure
planned area - Level of assessment - RAL
Impact assessment - Major non-compliance with the
assessment benchmarks in the absence of integrated land use and infrastructure planning including the strategic outcomes
Changes - Delete references to CIA in the
strategic framework - Delete references to service
area non service area Result - No change to Overlay map -
Future structure planned area
Revisit strategic framework to delete CIA and ensure strategic outcomes accurately reflect the future timing of these fronts
No Maintain overlay map as advertised maintain Level of Assessment and remove reference to CIA
MBRC policy end Current MBRC Planning
Scheme Advertised Proposed
Planning Scheme Amendment
Amended Proposed Planning Scheme
Amendment
Other necessary changes to achieve MBRC policy end
Substantial change
- No change to Level of assessment - RAL Impact assessment
Balance of Proposed Planning Scheme Amendment
Not applicable
Changes proposed (carports setbacks sheds etc)
No further changes to the proposed Planning Scheme Amendment as provided post consultation
Not applicable
Not applicable
PO Box 15009 City East QLD 4002wwwdsdmipqldgovau
From Stewart Pentland [mailtoStewartPentlandmoretonbayqldgovau] Sent Thursday 14 June 2018 1234 PMTo Kerry Doss ltKerryDossdsdmipqldgovaugt Graeme BoltonltGraemeBoltondsdmipqldgovaugt Megan Bayntun ltMeganBayntundsdmipqldgovaugtCc Anthony Martini ltAnthonyMartinimoretonbayqldgovaugtSubject MBRC Planning Scheme Amendment Meeting 13062018 Graeme Kerry and Megan Thank you for your time yesterday Tony and I found the meeting most useful As discussed and agreed in principle
1 Council would document a series of proposed changes to the existing Planning SchemeAmendment that responds to the States direction to remove reference to the CIA andassociated service area non-service area concepts (see attached)
2 Subject to an iterative process between the State and council this information would thenform the basis of a conditional approval of the current major scheme amendment amp
3 The existing amendment would then be finalised by way of a conditional approval consistentwith points 1 and 2 above ASAP
Please find attached a first draft table outlining what are considered to be the necessary changesto the current amendment We would welcome your thoughts on this so that we can continue todevelop its contents with you I note you indicated that for this approach to be utilised you would need to be comfortable thatthe type of changes proposed did not constitute a substantial change As a consequence we haveincluded a column (Substantial change) that includes our appraisal of each proposed change Againwe would welcome your thoughts on this matter also It would be good to progress this matter ASAP In doing so it would be appreciated if you couldadvise when you consider you may be able to provide a response to these initial draftrepresentations In the interim should you require anything further please let me know Regards Stewart PentlandDirectorPlanning and Economic DevelopmentMoreton Bay Regional Council2 Hasking Street Caboolture Qld 4510P 07 5433 2023M Email stewartpentlandmoretonbayqldgovauwwwmoretonbayqldgovau
RTI1819-035-DSDMIP - Page 33 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in this e-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are not anamed recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legalprivilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete all copiesimmediately and contact the sender to advise of the errorIt is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liability forloss or damage arising directly or indirectly from opening this email opening any attachments or any communication errorsThe views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 34 of 55
Summary of Proposed Planning Scheme Amendment
MBRC policy end Current MBRC Planning Scheme
Advertised Proposed Planning Scheme
Amendment
Amended Proposed Planning Scheme
Amendment
Other necessary changes to achieve MBRC policy end
Substantial change
Warner growth area - o Enable conversion of existing
industryrural residential to transition to residential outcomes
o Conversion consistent with the SEQ Regional Plan identification of Warner for growth
Industry zone and rural residential surrounded by existing residential and main roads Preliminary approval (Variation) would involve - Impact assessment - Major non-compliance with the
assessment benchmarks
- Zone change to Emerging
Community - Overlay map - Structure
planned area - Level of assessment - Service Area - RAL Code
assessment No Service Area - RAL
Impact assessment
Changes - Delete reference to CIA - Delete reference to service area
non service area Result - No change to Overlay map -
Structure planned area - Level of Assessment - RAL
Code assessment
Strengthening of assessment benchmarks required in the Emerging Community Zone Code andor RAL Code - Emerging Community Zone to assist code assessment
No Maintain overlay map as advertised maintain Level of Assessment remove reference to CIA and remove reference to Service Area and Non-Service Area
Caboolture West growth area - (Area 1) - o Enable Area 1 to proceed to
development including residential and local centre
o Consistent with the SEQ Regional Planrsquos identification of Caboolture West as an expansion area
Preliminary approval (Variation) would involve - Impact assessment - Major non-compliance with the
assessment benchmarks without a Neighhourhood Development Plan for Area 1
- Area 1 - Overlay map -
Structure planned area - Level of assessment Service Area - RAL Code
assessment Non Service Area - RAL
Impact assessment
Changes - Delete reference to CIA - Delete reference to service area
non service area Result - No change to Overlay map -
Structure planned area - Level of assessment - RAL Code
assessment for SPA1
Strengthening of assessment benchmarks required in the Local Plan Zone Code andor RAL Code - Emerging Community Zone to assist code assessment
No Maintain overlay map as advertised maintain Level of Assessment remove reference to CIA remove reference to Service Area and Non-Service Area
Caboolture West growth area - (Balance of Caboolture West) - o Enable subsequent stages to
be structure planned and released through future scheme amendments
Preliminary approval (Variation) would involve - Impact assessment - Major non-compliance with the
assessment benchmarks without a Neighhourhood Development Plan for the relevant area
- Overlay map - Future Structure
plan area - Level of assessment - Impact assessment
Changes - Delete reference to CIA - Delete reference to service area
non service area Result - No change to Overlay map -
Future Structure plan area - Level of assessment - Impact
assessment
Revisit strategic framework to delete CIA and ensure strategic outcomes accurately reflect the future timing of these fronts
No Maintain overlay map as advertised remove reference to CIA Minor change to the strategic framework
Other growth areas to be structure planned and held subject to planning infrastructure requirements and financial obligations being determined o Morayfield o Burpengary east o Narangba east o Joyner
RAL application would involve - Code assessment - Major non-compliance with the
assessment benchmarks in the absence of integrated land use and infrastructure planning
MCU application would involve impact assessment
- Overlay Map - Future structure
planned area - Level of assessment - RAL
Impact assessment - Major non-compliance with the
assessment benchmarks in the absence of integrated land use and infrastructure planning including the strategic outcomes
Changes - Delete references to CIA in the
strategic framework - Delete references to service
area non service area Result - No change to Overlay map -
Future structure planned area
Revisit strategic framework to delete CIA and ensure strategic outcomes accurately reflect the future timing of these fronts
No Maintain overlay map as advertised maintain Level of Assessment and remove reference to CIA
RTI1819-035-DSDMIP - Page 35 of 55
MBRC policy end Current MBRC Planning
Scheme Advertised Proposed
Planning Scheme Amendment
Amended Proposed Planning Scheme
Amendment
Other necessary changes to achieve MBRC policy end
Substantial change
- No change to Level of assessment - RAL Impact assessment
Balance of Proposed Planning Scheme Amendment
Not applicable
Changes proposed (carports setbacks sheds etc)
No further changes to the proposed Planning Scheme Amendment as provided post consultation
Not applicable
Not applicable
RTI1819-035-DSDMIP - Page 36 of 55
From Graeme BoltonTo Stewart Pentland Kerry Doss Megan BayntunCc Anthony MartiniSubject RE MBRC Planning Scheme Amendment Meeting 13062018Date Monday 18 June 2018 82200 AMAttachments image001png
image002jpg
Hi Stewart Thank you for providing the attached table and below information As per Kerryrsquos email we willreview and respond as soon as possible Regards Graeme
Graeme BoltonExecutive Director Planning and Development ServicesPlanning GroupDepartment of State Development Manufacturing Infrastructure and Planning---------------------------------------------------------------------------------------------------------------------------------------------
P 07 3452 6741 MLevel 13 1 William Street Brisbane QLD 4000PO Box 15009 City East QLD 4002wwwdsdmipqldgovau
From Stewart Pentland [mailtoStewartPentlandmoretonbayqldgovau] Sent Thursday 14 June 2018 1234 PMTo Kerry Doss ltKerryDossdsdmipqldgovaugt Graeme BoltonltGraemeBoltondsdmipqldgovaugt Megan Bayntun ltMeganBayntundsdmipqldgovaugtCc Anthony Martini ltAnthonyMartinimoretonbayqldgovaugtSubject MBRC Planning Scheme Amendment Meeting 13062018 Graeme Kerry and Megan Thank you for your time yesterday Tony and I found the meeting most useful As discussed and agreed in principle
1 Council would document a series of proposed changes to the existing Planning SchemeAmendment that responds to the States direction to remove reference to the CIA andassociated service area non-service area concepts (see attached)
2 Subject to an iterative process between the State and council this information would thenform the basis of a conditional approval of the current major scheme amendment amp
3 The existing amendment would then be finalised by way of a conditional approval consistentwith points 1 and 2 above ASAP
RTI1819-035-DSDMIP - Page 37 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
Please find attached a first draft table outlining what are considered to be the necessary changesto the current amendment We would welcome your thoughts on this so that we can continue todevelop its contents with you I note you indicated that for this approach to be utilised you would need to be comfortable thatthe type of changes proposed did not constitute a substantial change As a consequence we haveincluded a column (Substantial change) that includes our appraisal of each proposed change Againwe would welcome your thoughts on this matter also It would be good to progress this matter ASAP In doing so it would be appreciated if you couldadvise when you consider you may be able to provide a response to these initial draftrepresentations In the interim should you require anything further please let me know Regards Stewart PentlandDirectorPlanning and Economic DevelopmentMoreton Bay Regional Council2 Hasking Street Caboolture Qld 4510P 07 5433 2023M Email stewartpentlandmoretonbayqldgovauwwwmoretonbayqldgovau CCR3_email_signhr
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in this e-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are not anamed recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legalprivilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete all copiesimmediately and contact the sender to advise of the errorIt is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liability forloss or damage arising directly or indirectly from opening this email opening any attachments or any communication errorsThe views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 38 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
From Graeme BoltonTo Anthony MartiniCc Ann Abbott Stewart Pentland Kerry DossSubject RE Moreton Bay Regional Council - Amendment to Planning Scheme ProgressDate Tuesday 10 July 2018 65800 PMAttachments image001png
Good afternoon Tony Thank you for your email below I do apologise for not being able to take your call I was in ameeting and then subsequently on a teleconference when you phoned As discussed last week we met with DTMR officers who agreed to provide us with additionalinformation by tomorrow We greatly appreciate the councilrsquos willingness to work with the department to find a wayforward However given the complexity of the amendments it is not as easy as you portray tohave ldquoremoved the CIA and the servicenon service area referencesrdquo All we have at this point intime is a high level table with expressed intent To give effect to this intent involves significantchanges to the proposed amendment and carries a very high risk of unintended consequencesfor the operation of the planning scheme and potential lawfulness of the amendment I amextremely concerned about agreeing to something now only to find out after the Minister hasconditionally approved the amendment that the expressed intent cannot be delivered We are endeavouring to find a solution I will advise further once we have received theadditional information from DTMR Regards Graeme
Graeme BoltonExecutive Director Planning and Development ServicesPlanning GroupDepartment of State Development Manufacturing Infrastructure and Planning--------------------------------------------------------------- ---------------------------
P 07 3452 6741 MLevel 13 1 William Street Brisbane QLD 4000PO Box 15009 City East QLD 4002wwwdsdmipqldgovau
From Anthony Martini [mailtoAnthonyMartinimoretonbayqldgovau] Sent Tuesday 10 July 2018 108 PMTo Graeme Bolton ltGraemeBoltondsdmipqldgovaugtCc Ann Abbott ltAnnAbbottmoretonbayqldgovaugt Stewart PentlandltStewartPentlandmoretonbayqldgovaugt Kerry Doss ltKerryDossdsdmipqldgovaugtSubject Moreton Bay Regional Council - Amendment to Planning Scheme Progress
RTI1819-035-DSDMIP - Page 39 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
Hi Graeme Appreciate that you are busy however I have endeavoured to make contact with you over thepast few days for the purposes of understanding where we are at with regards to receiving apartial or full draft condition set to the amendment to the planning scheme It is nearly 4 weeks since we first met at which meeting MBRC offered to remove the CIA andservice areas non service areas from the amendment and provided shortly thereafter a tablesummary of these changes for further discussion and guidance for the State and MBRC to workthrough You have advised that these changes are agreed in principle You have also advised that thechanges need to be worked through I am in a position where I need some information from you as to what is occurring and when toprovide to the CEO and Mayor From MBRCrsquos perspective we have undertaken all that has beenasked of MBRC - removed the CIA and the servicenon service area references Is there anythingelse which MBRC needs to consider I await your advice Thanks Tony
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in thise-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are nota named recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legalprivilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete allcopies immediately and contact the sender to advise of the errorIt is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liabilityfor loss or damage arising directly or indirectly from opening this email opening any attachments or any communication errorsThe views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 40 of 55
From Graeme BoltonTo Anthony MartiniCc Stewart Pentland Kerry Doss Garth NolanSubject RE Update on draft conditionsDate Thursday 5 July 2018 30400 PMAttachments image001png
image002png
Hi Tony I appreciate your concerns and we are progressing this as fast as possible As you can alsohopefully appreciate the amendment in its own right is a very large and complex document Thechanges being proposed are not unsubstantial and have multiple unintended consequencesmany of which have the potential to adversely affect matters of state interest As such we aretrying to resolve these to an acceptable level (for the state) before sharing these with you I will forward these to you as soon as possible Regards Graeme
Graeme BoltonExecutive Director Planning and Development ServicesPlanning GroupDepartment of State Development Manufacturing Infrastructure and Planning---------------------------------------------------------------------------------------------------------------------------------------------
P 07 3452 6741 MLevel 13 1 William Street Brisbane QLD 4000PO Box 15009 City East QLD 4002wwwdsdmipqldgovau
From Anthony Martini [mailtoAnthonyMartinimoretonbayqldgovau] Sent Tuesday 3 July 2018 543 PMTo Graeme Bolton ltGraemeBoltondsdmipqldgovaugtCc Stewart Pentland ltStewartPentlandmoretonbayqldgovaugt Kerry DossltKerryDossdsdmipqldgovaugt Garth Nolan ltGarthNolandsdmipqldgovaugtSubject RE Update on draft conditions Hi Graeme Thank you for the update It would be good to catch up sooner rather than later as it is fast approaching 3 weeks since ourinitial meeting I can advise that the Mayor sought advice from me as to where the amendmentwas at - as I had advised him 10 days ago that a draft set was to be available with a day or so As discussed our preference is to collaboratively work on the content of the draft conditions Itwould be appreciated if you could send through the balance of the approval and conditions now
RTI1819-035-DSDMIP - Page 41 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
this will enable us to get the process moving Thanks Tony
From Graeme Bolton [mailtoGraemeBoltondsdmipqldgovau] Sent Tuesday 3 July 2018 307 PMTo Anthony Martini ltAnthonyMartinimoretonbayqldgovaugtCc Stewart Pentland ltStewartPentlandmoretonbayqldgovaugt Kerry DossltKerryDossdsdmipqldgovaugt Garth Nolan ltGarthNolandsdmipqldgovaugtSubject Update on draft conditions Hi Tony As previously advised I met with senior officers from DTMR today to discuss some concernstheyrsquove raised in respect to conditioning the proposed amendment I believe we have a wayforward and DTMR are working on a couple of options as a matter of priority I am expecting tohave something back from DTMR mid next week We will continue to work closely with them totry and get something out sooner As previously discussed we will share the draft conditions once we are satisfied with them Wewould be happy to work with you to ensure they are workable from councilrsquos perspective Regards Graeme
Graeme BoltonExecutive Director Planning and Development ServicesPlanning GroupDepartment of State Development Manufacturing Infrastructure and Planning---------------------------------------------------------------- -------------------------------
P 07 3452 6741 MLevel 13 1 William Street Brisbane QLD 4000PO Box 15009 City East QLD 4002wwwdsdmipqldgovau
This email and any attachments may contain confidential or privileged information and may be protected by copyright Youmust not use or disclose them other than for the purposes for which they were supplied The confidentiality and privilegeattached to this message and attachment is not waived by reason of mistaken delivery to you If you are not the intendedrecipient you must not use disclose retain forward or reproduce this message or any attachments If you receive thismessage in error please notify the sender by return email or telephone and destroy and delete all copies The Departmentdoes not accept any responsibility for any loss or damage that may result from reliance on or use of any informationcontained in this email andor attachments
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in this
e-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are not
RTI1819-035-DSDMIP - Page 42 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
a named recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legal
privilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete all
copies immediately and contact the sender to advise of the error
It is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liability
for loss or damage arising directly or indirectly from opening this email opening any attachments or any communication errors
The views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 43 of 55
RTI1819-035-DSDMIP - Page 44 of 55
RTI1819-035-DSDMIP - Page 45 of 55
RTI1819-035-DSDMIP - Page 46 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
RTI1819-035-DSDMIP - Page 47 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
RTI1819-035-DSDMIP - Page 48 of 55
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RTI1819-035-DSDMIP - Page 50 of 55
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Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
RTI1819-035-DSDMIP - Page 53 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
RTI1819-035-DSDMIP - Page 54 of 55
RTI1819-035-DSDMIP - Page 55 of 55
2
Graeme Bolton Executive Director Planning and Development Services Planning Group Department of State Development Manufacturing Infrastructure and Planning ---------------------------------------------------------------------------------------------------------------------------------------------
P 07 3452 6741 MLevel 13 1 William Street Brisbane QLD 4000 PO Box 15009 City East QLD 4002 wwwdsdmipqldgovau
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in this e-mail and any
attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are not a named recipient any use of this
information including copying distribution and publication is prohibited Confidentiality and legal privilege are not waived or lost as a result of mistaken or
erroneous delivery If you are not a named recipient please delete all copies immediately and contact the sender to advise of the error
It is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liability for loss or damage
arising directly or indirectly from opening this email opening any attachments or any communication errors
The views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 22 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
From Anthony MartiniTo Graeme BoltonCc Stewart Pentland Kerry Doss Megan BayntunSubject RE MBRC Planning Scheme Amendment Meeting 13062018Date Monday 25 June 2018 80656 AMAttachments image002png
Hi Graeme As per texts over the weekend - Stewart and I will see you from 1030am this morning Thanks Tony
From Graeme Bolton [mailtoGraemeBoltondsdmipqldgovau] Sent Friday 22 June 2018 643 PMTo Anthony Martini ltAnthonyMartinimoretonbayqldgovaugtCc Stewart Pentland ltStewartPentlandmoretonbayqldgovaugt Kerry DossltKerryDossdsdmipqldgovaugt Megan Bayntun ltMeganBayntundsdmipqldgovaugtSubject RE MBRC Planning Scheme Amendment Meeting 13062018 Dear Tony Please accept my apologies for not being able to get back to you earlier today As indicated in mymessage I was unexpectedly tied up all afternoon in an emergent and urgent issue I have reviewed the provided table and support in principle the matters identified in column fourIn respect to the matters identified in column five I can understand and again support in theprinciple the need for additional changes However the extent of changes will need to satisfy thesignificantly different test This is something that the department and Minister cannot resolvefrom This may mean that the desired changes may need to be tempered with what can besupported at this point in time and further decisions made by the council in respect to the riskprofile and whether or not to proceed with particular elements In addition to the above we have examined a couple of mechanisms that may be open to theMinister in deciding the proposed amendment In short we are exploring (a) the ability to partrefuse and part approve subject to conditions or (b) to solely condition The key consideration isto ensure whatever recommendation is made to the Minister the eventual decision can withstandclose scrutiny In both options given the volume of changes we would be also recommending tothe Minister a closing condition that requires the council to submit the changed amendment forendorsement by the Chief Executive prior to adoption by the council Finally as discussed at our last meeting through the second state interest review the Departmentof Environment and Science (DES) identified concerns in relation to koala habitat and the WarnerInvestigation Area structure plan I have been chasing (and have not yet received) additionalinformation and mapping from DES in relation to this At this point in time we would be looking toinclude a condition addresses the protection of the remaining koala habitat I am hoping to getgreater clarity and certainty on this (in terms of scale and location) in the coming days
RTI1819-035-DSDMIP - Page 23 of 55
I will give you a call on Monday to discuss Please do not hesitate to contact me in the interimshould you have questions or concerns Regards Graeme
Graeme BoltonExecutive Director Planning and Development ServicesPlanning GroupDepartment of State Development Manufacturing Infrastructure and Planning---------------------------------------------------------------------------------------------------------------------------------------------
P 07 3452 6741 MLevel 13 1 William Street Brisbane QLD 4000PO Box 15009 City East QLD 4002wwwdsdmipqldgovau
From Stewart Pentland [mailtoStewartPentlandmoretonbayqldgovau] Sent Thursday 14 June 2018 1234 PMTo Kerry Doss ltKerryDossdsdmipqldgovaugt Graeme BoltonltGraemeBoltondsdmipqldgovaugt Megan Bayntun ltMeganBayntundsdmipqldgovaugtCc Anthony Martini ltAnthonyMartinimoretonbayqldgovaugtSubject MBRC Planning Scheme Amendment Meeting 13062018 Graeme Kerry and Megan Thank you for your time yesterday Tony and I found the meeting most useful As discussed and agreed in principle
1 Council would document a series of proposed changes to the existing Planning SchemeAmendment that responds to the States direction to remove reference to the CIA andassociated service area non-service area concepts (see attached)
2 Subject to an iterative process between the State and council this information would thenform the basis of a conditional approval of the current major scheme amendment amp
3 The existing amendment would then be finalised by way of a conditional approval consistentwith points 1 and 2 above ASAP
Please find attached a first draft table outlining what are considered to be the necessary changesto the current amendment We would welcome your thoughts on this so that we can continue todevelop its contents with you I note you indicated that for this approach to be utilised you would need to be comfortable thatthe type of changes proposed did not constitute a substantial change As a consequence we haveincluded a column (Substantial change) that includes our appraisal of each proposed change Againwe would welcome your thoughts on this matter also
RTI1819-035-DSDMIP - Page 24 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
It would be good to progress this matter ASAP In doing so it would be appreciated if you couldadvise when you consider you may be able to provide a response to these initial draftrepresentations In the interim should you require anything further please let me know Regards Stewart PentlandDirectorPlanning and Economic DevelopmentMoreton Bay Regional Council2 Hasking Street Caboolture Qld 4510P 07 5433 2023MEmail stewartpentlandmoretonbayqldgovauwwwmoretonbayqldgovau
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in this e-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are not anamed recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legalprivilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete all copiesimmediately and contact the sender to advise of the errorIt is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liability forloss or damage arising directly or indirectly from opening this email opening any attachments or any communication errorsThe views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
This email and any attachments may contain confidential or privileged information and may be protected by copyright Youmust not use or disclose them other than for the purposes for which they were supplied The confidentiality and privilegeattached to this message and attachment is not waived by reason of mistaken delivery to you If you are not the intendedrecipient you must not use disclose retain forward or reproduce this message or any attachments If you receive this messagein error please notify the sender by return email or telephone and destroy and delete all copies The Department does notaccept any responsibility for any loss or damage that may result from reliance on or use of any information contained in thisemail andor attachments
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in this e-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are not anamed recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legalprivilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete all copiesimmediately and contact the sender to advise of the errorIt is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liability forloss or damage arising directly or indirectly from opening this email opening any attachments or any communication errorsThe views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 25 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
From Anthony MartiniTo Graeme BoltonCc Ann Abbott Stewart Pentland Kerry DossSubject RE Moreton Bay Regional Council - Amendment to Planning Scheme ProgressDate Wednesday 11 July 2018 114220 AMAttachments image002png
Thank you for your e-mail Graeme I look forward to your further advices re this matter My reference to timing was based upon advice provided 2 weeks ago at a meeting betweenMBRC and the State that MBRC was to receive a draft condition set the following day Thanks Tony
From Graeme Bolton [mailtoGraemeBoltondsdmipqldgovau] Sent Tuesday 10 July 2018 658 PMTo Anthony Martini ltAnthonyMartinimoretonbayqldgovaugtCc Ann Abbott ltAnnAbbottmoretonbayqldgovaugt Stewart PentlandltStewartPentlandmoretonbayqldgovaugt Kerry Doss ltKerryDossdsdmipqldgovaugtSubject RE Moreton Bay Regional Council - Amendment to Planning Scheme Progress Good afternoon Tony Thank you for your email below I do apologise for not being able to take your call I was in ameeting and then subsequently on a teleconference when you phoned As discussed last week we met with DTMR officers who agreed to provide us with additionalinformation by tomorrow We greatly appreciate the councilrsquos willingness to work with the department to find a wayforward However given the complexity of the amendments it is not as easy as you portray tohave ldquoremoved the CIA and the servicenon service area referencesrdquo All we have at this point intime is a high level table with expressed intent To give effect to this intent involves significantchanges to the proposed amendment and carries a very high risk of unintended consequencesfor the operation of the planning scheme and potential lawfulness of the amendment I amextremely concerned about agreeing to something now only to find out after the Minister hasconditionally approved the amendment that the expressed intent cannot be delivered We are endeavouring to find a solution I will advise further once we have received theadditional information from DTMR Regards Graeme
RTI1819-035-DSDMIP - Page 26 of 55
Graeme BoltonExecutive Director Planning and Development ServicesPlanning GroupDepartment of State Development Manufacturing Infrastructure and Planning---------------------------------------------------------------------------------------------------------------------------------------------
P 07 3452 6741 MLevel 13 1 William Street Brisbane QLD 4000PO Box 15009 City East QLD 4002wwwdsdmipqldgovau
From Anthony Martini [mailtoAnthonyMartinimoretonbayqldgovau] Sent Tuesday 10 July 2018 108 PMTo Graeme Bolton ltGraemeBoltondsdmipqldgovaugtCc Ann Abbott ltAnnAbbottmoretonbayqldgovaugt Stewart PentlandltStewartPentlandmoretonbayqldgovaugt Kerry Doss ltKerryDossdsdmipqldgovaugtSubject Moreton Bay Regional Council - Amendment to Planning Scheme Progress Hi Graeme Appreciate that you are busy however I have endeavoured to make contact with you over thepast few days for the purposes of understanding where we are at with regards to receiving apartial or full draft condition set to the amendment to the planning scheme It is nearly 4 weeks since we first met at which meeting MBRC offered to remove the CIA andservice areas non service areas from the amendment and provided shortly thereafter a tablesummary of these changes for further discussion and guidance for the State and MBRC to workthrough You have advised that these changes are agreed in principle You have also advised that thechanges need to be worked through I am in a position where I need some information from you as to what is occurring and when toprovide to the CEO and Mayor From MBRCrsquos perspective we have undertaken all that has beenasked of MBRC - removed the CIA and the servicenon service area references Is there anythingelse which MBRC needs to consider I await your advice Thanks Tony
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in thise-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are not
RTI1819-035-DSDMIP - Page 27 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
a named recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legalprivilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete allcopies immediately and contact the sender to advise of the errorIt is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liabilityfor loss or damage arising directly or indirectly from opening this email opening any attachments or any communication errorsThe views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
This email and any attachments may contain confidential or privileged information and may be protected by copyright Youmust not use or disclose them other than for the purposes for which they were supplied The confidentiality and privilegeattached to this message and attachment is not waived by reason of mistaken delivery to you If you are not the intendedrecipient you must not use disclose retain forward or reproduce this message or any attachments If you receive thismessage in error please notify the sender by return email or telephone and destroy and delete all copies The Departmentdoes not accept any responsibility for any loss or damage that may result from reliance on or use of any informationcontained in this email andor attachments
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in thise-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are nota named recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legalprivilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete allcopies immediately and contact the sender to advise of the errorIt is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liabilityfor loss or damage arising directly or indirectly from opening this email opening any attachments or any communication errorsThe views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 28 of 55
1
Anne Wood
Subject Discussion regarding DILGPs position and proposed changes to MBRC - Major Amendment 2Location ltlt1 William Street (1WS) - 36 Floor - Meet 3614gtgt
Organizer Cindy WaltonRequired AttendeesCindy Walton Barbara Ryan Christine ONeill kateislesmoretonbayqldgovau
stewartpentlandmoretonbayqldgovau Graeme Bolton Tess PickeringOptional AttendeesBen Caldwell Ian Wright
Booking Confirmation Your room booking has been accepted with the following booking confirmation details below Building 1 William Street (1WS) Floor 36 Room Meet 3614 Room Setup Meeting Room Info Number Attending 12 Date 12 May 2017 From 1100AM To 1230PM Booked By Cindy Walton Host Cindy Walton Booking ID148766 To Join the meeting please dial sip+61730272906qgaaadqldgovau Notes Recurrence Dates Note 1 If you have booked conferencing resources please cut and paste above meeting details to the Outlook meeting invitation and send update 2 For an audio connection users dial the number only 3 For video (Skype) connections users dial the full address
Organizer Anthony MartiniResources Room - Strathpine Room 2A
Good morning The venue for this meeting is Councilrsquos Strathpine office at 220 Gympie Road Strathpine Entrance to the office is via Customer Service in Hall Street where parking is available on street Upon arrival at customer service you will be asked to complete visitor paperwork and then escorted to meeting room 2A Should you have any queries regarding this meeting request please contact me as below Kind regards Ann Abbott Operations Coordinator Engineering Construction amp Maintenance Moreton Bay Regional Council Stage 3 220 Gympie Road Strathpine P 07 3480 6233 E annabbottmoretonbayqldgovau
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in this e-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are not a named recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legal privilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete all copies immediately and contact the sender to advise of the error It is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liability for loss or damage arising directly or indirectly from opening this email opening any attachments or any communication errors The views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 30 of 55
1
Anne Wood
Subject MBRC Location 1 William St Level 12 Room 1214
Shortly you will receive an email invite to enter 1 William st with instructions on what you will need to provide to
Concierge
I will meet your party in the foyer once you have signed in
Kind regards
Anne
Anne Wood AExecutive Assistant Planning and Development Services | Brisbane Department of State Development Manufacturing Infrastructure and Planning Level 13 1 William St Brisbane QLD 4000 p 07 3452 7115 | e annewooddilgpqldgovau
RTI1819-035-DSDMIP - Page 31 of 55
From Graeme BoltonTo Anthony MartiniCc Stewart Pentland Kerry Doss Megan BayntunSubject RE MBRC Planning Scheme Amendment Meeting 13062018Date Friday 22 June 2018 64200 PMAttachments image001png
Dear Tony Please accept my apologies for not being able to get back to you earlier today As indicated in mymessage I was unexpectedly tied up all afternoon in an emergent and urgent issue I have reviewed the provided table and support in principle the matters identified in column fourIn respect to the matters identified in column five I can understand and again support in theprinciple the need for additional changes However the extent of changes will need to satisfy thesignificantly different test This is something that the department and Minister cannot resolvefrom This may mean that the desired changes may need to be tempered with what can besupported at this point in time and further decisions made by the council in respect to the riskprofile and whether or not to proceed with particular elements In addition to the above we have examined a couple of mechanisms that may be open to theMinister in deciding the proposed amendment In short we are exploring (a) the ability to partrefuse and part approve subject to conditions or (b) to solely condition The key consideration isto ensure whatever recommendation is made to the Minister the eventual decision can withstandclose scrutiny In both options given the volume of changes we would be also recommending tothe Minister a closing condition that requires the council to submit the changed amendment forendorsement by the Chief Executive prior to adoption by the council Finally as discussed at our last meeting through the second state interest review the Departmentof Environment and Science (DES) identified concerns in relation to koala habitat and the WarnerInvestigation Area structure plan I have been chasing (and have not yet received) additionalinformation and mapping from DES in relation to this At this point in time we would be looking toinclude a condition addresses the protection of the remaining koala habitat I am hoping to getgreater clarity and certainty on this (in terms of scale and location) in the coming days I will give you a call on Monday to discuss Please do not hesitate to contact me in the interimshould you have questions or concerns Regards Graeme
Graeme BoltonExecutive Director Planning and Development ServicesPlanning GroupDepartment of State Development Manufacturing Infrastructure and Planning---------------------------------------------------------------------------------------------------------------------------------------------
P 07 3452 6741 MLevel 13 1 William Street Brisbane QLD 4000
RTI1819-035-DSDMIP - Page 32 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
Summary of Proposed Planning Scheme Amendment
MBRC policy end Current MBRC Planning Scheme
Advertised Proposed Planning Scheme
Amendment
Amended Proposed Planning Scheme
Amendment
Other necessary changes to achieve MBRC policy end
Substantial change
Warner growth area - o Enable conversion of existing
industryrural residential to transition to residential outcomes
o Conversion consistent with the SEQ Regional Plan identification of Warner for growth
Industry zone and rural residential surrounded by existing residential and main roads Preliminary approval (Variation) would involve - Impact assessment - Major non-compliance with the
assessment benchmarks
- Zone change to Emerging
Community - Overlay map - Structure
planned area - Level of assessment - Service Area - RAL Code
assessment No Service Area - RAL
Impact assessment
Changes - Delete reference to CIA - Delete reference to service area
non service area Result - No change to Overlay map -
Structure planned area - Level of Assessment - RAL
Code assessment
Strengthening of assessment benchmarks required in the Emerging Community Zone Code andor RAL Code - Emerging Community Zone to assist code assessment
No Maintain overlay map as advertised maintain Level of Assessment remove reference to CIA and remove reference to Service Area and Non-Service Area
Caboolture West growth area - (Area 1) - o Enable Area 1 to proceed to
development including residential and local centre
o Consistent with the SEQ Regional Planrsquos identification of Caboolture West as an expansion area
Preliminary approval (Variation) would involve - Impact assessment - Major non-compliance with the
assessment benchmarks without a Neighhourhood Development Plan for Area 1
- Area 1 - Overlay map -
Structure planned area - Level of assessment Service Area - RAL Code
assessment Non Service Area - RAL
Impact assessment
Changes - Delete reference to CIA - Delete reference to service area
non service area Result - No change to Overlay map -
Structure planned area - Level of assessment - RAL Code
assessment for SPA1
Strengthening of assessment benchmarks required in the Local Plan Zone Code andor RAL Code - Emerging Community Zone to assist code assessment
No Maintain overlay map as advertised maintain Level of Assessment remove reference to CIA remove reference to Service Area and Non-Service Area
Caboolture West growth area - (Balance of Caboolture West) - o Enable subsequent stages to
be structure planned and released through future scheme amendments
Preliminary approval (Variation) would involve - Impact assessment - Major non-compliance with the
assessment benchmarks without a Neighhourhood Development Plan for the relevant area
- Overlay map - Future Structure
plan area - Level of assessment - Impact assessment
Changes - Delete reference to CIA - Delete reference to service area
non service area Result - No change to Overlay map -
Future Structure plan area - Level of assessment - Impact
assessment
Revisit strategic framework to delete CIA and ensure strategic outcomes accurately reflect the future timing of these fronts
No Maintain overlay map as advertised remove reference to CIA Minor change to the strategic framework
Other growth areas to be structure planned and held subject to planning infrastructure requirements and financial obligations being determined o Morayfield o Burpengary east o Narangba east o Joyner
RAL application would involve - Code assessment - Major non-compliance with the
assessment benchmarks in the absence of integrated land use and infrastructure planning
MCU application would involve impact assessment
- Overlay Map - Future structure
planned area - Level of assessment - RAL
Impact assessment - Major non-compliance with the
assessment benchmarks in the absence of integrated land use and infrastructure planning including the strategic outcomes
Changes - Delete references to CIA in the
strategic framework - Delete references to service
area non service area Result - No change to Overlay map -
Future structure planned area
Revisit strategic framework to delete CIA and ensure strategic outcomes accurately reflect the future timing of these fronts
No Maintain overlay map as advertised maintain Level of Assessment and remove reference to CIA
MBRC policy end Current MBRC Planning
Scheme Advertised Proposed
Planning Scheme Amendment
Amended Proposed Planning Scheme
Amendment
Other necessary changes to achieve MBRC policy end
Substantial change
- No change to Level of assessment - RAL Impact assessment
Balance of Proposed Planning Scheme Amendment
Not applicable
Changes proposed (carports setbacks sheds etc)
No further changes to the proposed Planning Scheme Amendment as provided post consultation
Not applicable
Not applicable
PO Box 15009 City East QLD 4002wwwdsdmipqldgovau
From Stewart Pentland [mailtoStewartPentlandmoretonbayqldgovau] Sent Thursday 14 June 2018 1234 PMTo Kerry Doss ltKerryDossdsdmipqldgovaugt Graeme BoltonltGraemeBoltondsdmipqldgovaugt Megan Bayntun ltMeganBayntundsdmipqldgovaugtCc Anthony Martini ltAnthonyMartinimoretonbayqldgovaugtSubject MBRC Planning Scheme Amendment Meeting 13062018 Graeme Kerry and Megan Thank you for your time yesterday Tony and I found the meeting most useful As discussed and agreed in principle
1 Council would document a series of proposed changes to the existing Planning SchemeAmendment that responds to the States direction to remove reference to the CIA andassociated service area non-service area concepts (see attached)
2 Subject to an iterative process between the State and council this information would thenform the basis of a conditional approval of the current major scheme amendment amp
3 The existing amendment would then be finalised by way of a conditional approval consistentwith points 1 and 2 above ASAP
Please find attached a first draft table outlining what are considered to be the necessary changesto the current amendment We would welcome your thoughts on this so that we can continue todevelop its contents with you I note you indicated that for this approach to be utilised you would need to be comfortable thatthe type of changes proposed did not constitute a substantial change As a consequence we haveincluded a column (Substantial change) that includes our appraisal of each proposed change Againwe would welcome your thoughts on this matter also It would be good to progress this matter ASAP In doing so it would be appreciated if you couldadvise when you consider you may be able to provide a response to these initial draftrepresentations In the interim should you require anything further please let me know Regards Stewart PentlandDirectorPlanning and Economic DevelopmentMoreton Bay Regional Council2 Hasking Street Caboolture Qld 4510P 07 5433 2023M Email stewartpentlandmoretonbayqldgovauwwwmoretonbayqldgovau
RTI1819-035-DSDMIP - Page 33 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in this e-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are not anamed recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legalprivilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete all copiesimmediately and contact the sender to advise of the errorIt is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liability forloss or damage arising directly or indirectly from opening this email opening any attachments or any communication errorsThe views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 34 of 55
Summary of Proposed Planning Scheme Amendment
MBRC policy end Current MBRC Planning Scheme
Advertised Proposed Planning Scheme
Amendment
Amended Proposed Planning Scheme
Amendment
Other necessary changes to achieve MBRC policy end
Substantial change
Warner growth area - o Enable conversion of existing
industryrural residential to transition to residential outcomes
o Conversion consistent with the SEQ Regional Plan identification of Warner for growth
Industry zone and rural residential surrounded by existing residential and main roads Preliminary approval (Variation) would involve - Impact assessment - Major non-compliance with the
assessment benchmarks
- Zone change to Emerging
Community - Overlay map - Structure
planned area - Level of assessment - Service Area - RAL Code
assessment No Service Area - RAL
Impact assessment
Changes - Delete reference to CIA - Delete reference to service area
non service area Result - No change to Overlay map -
Structure planned area - Level of Assessment - RAL
Code assessment
Strengthening of assessment benchmarks required in the Emerging Community Zone Code andor RAL Code - Emerging Community Zone to assist code assessment
No Maintain overlay map as advertised maintain Level of Assessment remove reference to CIA and remove reference to Service Area and Non-Service Area
Caboolture West growth area - (Area 1) - o Enable Area 1 to proceed to
development including residential and local centre
o Consistent with the SEQ Regional Planrsquos identification of Caboolture West as an expansion area
Preliminary approval (Variation) would involve - Impact assessment - Major non-compliance with the
assessment benchmarks without a Neighhourhood Development Plan for Area 1
- Area 1 - Overlay map -
Structure planned area - Level of assessment Service Area - RAL Code
assessment Non Service Area - RAL
Impact assessment
Changes - Delete reference to CIA - Delete reference to service area
non service area Result - No change to Overlay map -
Structure planned area - Level of assessment - RAL Code
assessment for SPA1
Strengthening of assessment benchmarks required in the Local Plan Zone Code andor RAL Code - Emerging Community Zone to assist code assessment
No Maintain overlay map as advertised maintain Level of Assessment remove reference to CIA remove reference to Service Area and Non-Service Area
Caboolture West growth area - (Balance of Caboolture West) - o Enable subsequent stages to
be structure planned and released through future scheme amendments
Preliminary approval (Variation) would involve - Impact assessment - Major non-compliance with the
assessment benchmarks without a Neighhourhood Development Plan for the relevant area
- Overlay map - Future Structure
plan area - Level of assessment - Impact assessment
Changes - Delete reference to CIA - Delete reference to service area
non service area Result - No change to Overlay map -
Future Structure plan area - Level of assessment - Impact
assessment
Revisit strategic framework to delete CIA and ensure strategic outcomes accurately reflect the future timing of these fronts
No Maintain overlay map as advertised remove reference to CIA Minor change to the strategic framework
Other growth areas to be structure planned and held subject to planning infrastructure requirements and financial obligations being determined o Morayfield o Burpengary east o Narangba east o Joyner
RAL application would involve - Code assessment - Major non-compliance with the
assessment benchmarks in the absence of integrated land use and infrastructure planning
MCU application would involve impact assessment
- Overlay Map - Future structure
planned area - Level of assessment - RAL
Impact assessment - Major non-compliance with the
assessment benchmarks in the absence of integrated land use and infrastructure planning including the strategic outcomes
Changes - Delete references to CIA in the
strategic framework - Delete references to service
area non service area Result - No change to Overlay map -
Future structure planned area
Revisit strategic framework to delete CIA and ensure strategic outcomes accurately reflect the future timing of these fronts
No Maintain overlay map as advertised maintain Level of Assessment and remove reference to CIA
RTI1819-035-DSDMIP - Page 35 of 55
MBRC policy end Current MBRC Planning
Scheme Advertised Proposed
Planning Scheme Amendment
Amended Proposed Planning Scheme
Amendment
Other necessary changes to achieve MBRC policy end
Substantial change
- No change to Level of assessment - RAL Impact assessment
Balance of Proposed Planning Scheme Amendment
Not applicable
Changes proposed (carports setbacks sheds etc)
No further changes to the proposed Planning Scheme Amendment as provided post consultation
Not applicable
Not applicable
RTI1819-035-DSDMIP - Page 36 of 55
From Graeme BoltonTo Stewart Pentland Kerry Doss Megan BayntunCc Anthony MartiniSubject RE MBRC Planning Scheme Amendment Meeting 13062018Date Monday 18 June 2018 82200 AMAttachments image001png
image002jpg
Hi Stewart Thank you for providing the attached table and below information As per Kerryrsquos email we willreview and respond as soon as possible Regards Graeme
Graeme BoltonExecutive Director Planning and Development ServicesPlanning GroupDepartment of State Development Manufacturing Infrastructure and Planning---------------------------------------------------------------------------------------------------------------------------------------------
P 07 3452 6741 MLevel 13 1 William Street Brisbane QLD 4000PO Box 15009 City East QLD 4002wwwdsdmipqldgovau
From Stewart Pentland [mailtoStewartPentlandmoretonbayqldgovau] Sent Thursday 14 June 2018 1234 PMTo Kerry Doss ltKerryDossdsdmipqldgovaugt Graeme BoltonltGraemeBoltondsdmipqldgovaugt Megan Bayntun ltMeganBayntundsdmipqldgovaugtCc Anthony Martini ltAnthonyMartinimoretonbayqldgovaugtSubject MBRC Planning Scheme Amendment Meeting 13062018 Graeme Kerry and Megan Thank you for your time yesterday Tony and I found the meeting most useful As discussed and agreed in principle
1 Council would document a series of proposed changes to the existing Planning SchemeAmendment that responds to the States direction to remove reference to the CIA andassociated service area non-service area concepts (see attached)
2 Subject to an iterative process between the State and council this information would thenform the basis of a conditional approval of the current major scheme amendment amp
3 The existing amendment would then be finalised by way of a conditional approval consistentwith points 1 and 2 above ASAP
RTI1819-035-DSDMIP - Page 37 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
Please find attached a first draft table outlining what are considered to be the necessary changesto the current amendment We would welcome your thoughts on this so that we can continue todevelop its contents with you I note you indicated that for this approach to be utilised you would need to be comfortable thatthe type of changes proposed did not constitute a substantial change As a consequence we haveincluded a column (Substantial change) that includes our appraisal of each proposed change Againwe would welcome your thoughts on this matter also It would be good to progress this matter ASAP In doing so it would be appreciated if you couldadvise when you consider you may be able to provide a response to these initial draftrepresentations In the interim should you require anything further please let me know Regards Stewart PentlandDirectorPlanning and Economic DevelopmentMoreton Bay Regional Council2 Hasking Street Caboolture Qld 4510P 07 5433 2023M Email stewartpentlandmoretonbayqldgovauwwwmoretonbayqldgovau CCR3_email_signhr
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in this e-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are not anamed recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legalprivilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete all copiesimmediately and contact the sender to advise of the errorIt is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liability forloss or damage arising directly or indirectly from opening this email opening any attachments or any communication errorsThe views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 38 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
From Graeme BoltonTo Anthony MartiniCc Ann Abbott Stewart Pentland Kerry DossSubject RE Moreton Bay Regional Council - Amendment to Planning Scheme ProgressDate Tuesday 10 July 2018 65800 PMAttachments image001png
Good afternoon Tony Thank you for your email below I do apologise for not being able to take your call I was in ameeting and then subsequently on a teleconference when you phoned As discussed last week we met with DTMR officers who agreed to provide us with additionalinformation by tomorrow We greatly appreciate the councilrsquos willingness to work with the department to find a wayforward However given the complexity of the amendments it is not as easy as you portray tohave ldquoremoved the CIA and the servicenon service area referencesrdquo All we have at this point intime is a high level table with expressed intent To give effect to this intent involves significantchanges to the proposed amendment and carries a very high risk of unintended consequencesfor the operation of the planning scheme and potential lawfulness of the amendment I amextremely concerned about agreeing to something now only to find out after the Minister hasconditionally approved the amendment that the expressed intent cannot be delivered We are endeavouring to find a solution I will advise further once we have received theadditional information from DTMR Regards Graeme
Graeme BoltonExecutive Director Planning and Development ServicesPlanning GroupDepartment of State Development Manufacturing Infrastructure and Planning--------------------------------------------------------------- ---------------------------
P 07 3452 6741 MLevel 13 1 William Street Brisbane QLD 4000PO Box 15009 City East QLD 4002wwwdsdmipqldgovau
From Anthony Martini [mailtoAnthonyMartinimoretonbayqldgovau] Sent Tuesday 10 July 2018 108 PMTo Graeme Bolton ltGraemeBoltondsdmipqldgovaugtCc Ann Abbott ltAnnAbbottmoretonbayqldgovaugt Stewart PentlandltStewartPentlandmoretonbayqldgovaugt Kerry Doss ltKerryDossdsdmipqldgovaugtSubject Moreton Bay Regional Council - Amendment to Planning Scheme Progress
RTI1819-035-DSDMIP - Page 39 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
Hi Graeme Appreciate that you are busy however I have endeavoured to make contact with you over thepast few days for the purposes of understanding where we are at with regards to receiving apartial or full draft condition set to the amendment to the planning scheme It is nearly 4 weeks since we first met at which meeting MBRC offered to remove the CIA andservice areas non service areas from the amendment and provided shortly thereafter a tablesummary of these changes for further discussion and guidance for the State and MBRC to workthrough You have advised that these changes are agreed in principle You have also advised that thechanges need to be worked through I am in a position where I need some information from you as to what is occurring and when toprovide to the CEO and Mayor From MBRCrsquos perspective we have undertaken all that has beenasked of MBRC - removed the CIA and the servicenon service area references Is there anythingelse which MBRC needs to consider I await your advice Thanks Tony
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in thise-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are nota named recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legalprivilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete allcopies immediately and contact the sender to advise of the errorIt is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liabilityfor loss or damage arising directly or indirectly from opening this email opening any attachments or any communication errorsThe views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 40 of 55
From Graeme BoltonTo Anthony MartiniCc Stewart Pentland Kerry Doss Garth NolanSubject RE Update on draft conditionsDate Thursday 5 July 2018 30400 PMAttachments image001png
image002png
Hi Tony I appreciate your concerns and we are progressing this as fast as possible As you can alsohopefully appreciate the amendment in its own right is a very large and complex document Thechanges being proposed are not unsubstantial and have multiple unintended consequencesmany of which have the potential to adversely affect matters of state interest As such we aretrying to resolve these to an acceptable level (for the state) before sharing these with you I will forward these to you as soon as possible Regards Graeme
Graeme BoltonExecutive Director Planning and Development ServicesPlanning GroupDepartment of State Development Manufacturing Infrastructure and Planning---------------------------------------------------------------------------------------------------------------------------------------------
P 07 3452 6741 MLevel 13 1 William Street Brisbane QLD 4000PO Box 15009 City East QLD 4002wwwdsdmipqldgovau
From Anthony Martini [mailtoAnthonyMartinimoretonbayqldgovau] Sent Tuesday 3 July 2018 543 PMTo Graeme Bolton ltGraemeBoltondsdmipqldgovaugtCc Stewart Pentland ltStewartPentlandmoretonbayqldgovaugt Kerry DossltKerryDossdsdmipqldgovaugt Garth Nolan ltGarthNolandsdmipqldgovaugtSubject RE Update on draft conditions Hi Graeme Thank you for the update It would be good to catch up sooner rather than later as it is fast approaching 3 weeks since ourinitial meeting I can advise that the Mayor sought advice from me as to where the amendmentwas at - as I had advised him 10 days ago that a draft set was to be available with a day or so As discussed our preference is to collaboratively work on the content of the draft conditions Itwould be appreciated if you could send through the balance of the approval and conditions now
RTI1819-035-DSDMIP - Page 41 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
this will enable us to get the process moving Thanks Tony
From Graeme Bolton [mailtoGraemeBoltondsdmipqldgovau] Sent Tuesday 3 July 2018 307 PMTo Anthony Martini ltAnthonyMartinimoretonbayqldgovaugtCc Stewart Pentland ltStewartPentlandmoretonbayqldgovaugt Kerry DossltKerryDossdsdmipqldgovaugt Garth Nolan ltGarthNolandsdmipqldgovaugtSubject Update on draft conditions Hi Tony As previously advised I met with senior officers from DTMR today to discuss some concernstheyrsquove raised in respect to conditioning the proposed amendment I believe we have a wayforward and DTMR are working on a couple of options as a matter of priority I am expecting tohave something back from DTMR mid next week We will continue to work closely with them totry and get something out sooner As previously discussed we will share the draft conditions once we are satisfied with them Wewould be happy to work with you to ensure they are workable from councilrsquos perspective Regards Graeme
Graeme BoltonExecutive Director Planning and Development ServicesPlanning GroupDepartment of State Development Manufacturing Infrastructure and Planning---------------------------------------------------------------- -------------------------------
P 07 3452 6741 MLevel 13 1 William Street Brisbane QLD 4000PO Box 15009 City East QLD 4002wwwdsdmipqldgovau
This email and any attachments may contain confidential or privileged information and may be protected by copyright Youmust not use or disclose them other than for the purposes for which they were supplied The confidentiality and privilegeattached to this message and attachment is not waived by reason of mistaken delivery to you If you are not the intendedrecipient you must not use disclose retain forward or reproduce this message or any attachments If you receive thismessage in error please notify the sender by return email or telephone and destroy and delete all copies The Departmentdoes not accept any responsibility for any loss or damage that may result from reliance on or use of any informationcontained in this email andor attachments
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in this
e-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are not
RTI1819-035-DSDMIP - Page 42 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
a named recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legal
privilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete all
copies immediately and contact the sender to advise of the error
It is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liability
for loss or damage arising directly or indirectly from opening this email opening any attachments or any communication errors
The views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 43 of 55
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Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
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Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
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RTI1819-035-DSDMIP - Page 55 of 55
From Anthony MartiniTo Graeme BoltonCc Stewart Pentland Kerry Doss Megan BayntunSubject RE MBRC Planning Scheme Amendment Meeting 13062018Date Monday 25 June 2018 80656 AMAttachments image002png
Hi Graeme As per texts over the weekend - Stewart and I will see you from 1030am this morning Thanks Tony
From Graeme Bolton [mailtoGraemeBoltondsdmipqldgovau] Sent Friday 22 June 2018 643 PMTo Anthony Martini ltAnthonyMartinimoretonbayqldgovaugtCc Stewart Pentland ltStewartPentlandmoretonbayqldgovaugt Kerry DossltKerryDossdsdmipqldgovaugt Megan Bayntun ltMeganBayntundsdmipqldgovaugtSubject RE MBRC Planning Scheme Amendment Meeting 13062018 Dear Tony Please accept my apologies for not being able to get back to you earlier today As indicated in mymessage I was unexpectedly tied up all afternoon in an emergent and urgent issue I have reviewed the provided table and support in principle the matters identified in column fourIn respect to the matters identified in column five I can understand and again support in theprinciple the need for additional changes However the extent of changes will need to satisfy thesignificantly different test This is something that the department and Minister cannot resolvefrom This may mean that the desired changes may need to be tempered with what can besupported at this point in time and further decisions made by the council in respect to the riskprofile and whether or not to proceed with particular elements In addition to the above we have examined a couple of mechanisms that may be open to theMinister in deciding the proposed amendment In short we are exploring (a) the ability to partrefuse and part approve subject to conditions or (b) to solely condition The key consideration isto ensure whatever recommendation is made to the Minister the eventual decision can withstandclose scrutiny In both options given the volume of changes we would be also recommending tothe Minister a closing condition that requires the council to submit the changed amendment forendorsement by the Chief Executive prior to adoption by the council Finally as discussed at our last meeting through the second state interest review the Departmentof Environment and Science (DES) identified concerns in relation to koala habitat and the WarnerInvestigation Area structure plan I have been chasing (and have not yet received) additionalinformation and mapping from DES in relation to this At this point in time we would be looking toinclude a condition addresses the protection of the remaining koala habitat I am hoping to getgreater clarity and certainty on this (in terms of scale and location) in the coming days
RTI1819-035-DSDMIP - Page 23 of 55
I will give you a call on Monday to discuss Please do not hesitate to contact me in the interimshould you have questions or concerns Regards Graeme
Graeme BoltonExecutive Director Planning and Development ServicesPlanning GroupDepartment of State Development Manufacturing Infrastructure and Planning---------------------------------------------------------------------------------------------------------------------------------------------
P 07 3452 6741 MLevel 13 1 William Street Brisbane QLD 4000PO Box 15009 City East QLD 4002wwwdsdmipqldgovau
From Stewart Pentland [mailtoStewartPentlandmoretonbayqldgovau] Sent Thursday 14 June 2018 1234 PMTo Kerry Doss ltKerryDossdsdmipqldgovaugt Graeme BoltonltGraemeBoltondsdmipqldgovaugt Megan Bayntun ltMeganBayntundsdmipqldgovaugtCc Anthony Martini ltAnthonyMartinimoretonbayqldgovaugtSubject MBRC Planning Scheme Amendment Meeting 13062018 Graeme Kerry and Megan Thank you for your time yesterday Tony and I found the meeting most useful As discussed and agreed in principle
1 Council would document a series of proposed changes to the existing Planning SchemeAmendment that responds to the States direction to remove reference to the CIA andassociated service area non-service area concepts (see attached)
2 Subject to an iterative process between the State and council this information would thenform the basis of a conditional approval of the current major scheme amendment amp
3 The existing amendment would then be finalised by way of a conditional approval consistentwith points 1 and 2 above ASAP
Please find attached a first draft table outlining what are considered to be the necessary changesto the current amendment We would welcome your thoughts on this so that we can continue todevelop its contents with you I note you indicated that for this approach to be utilised you would need to be comfortable thatthe type of changes proposed did not constitute a substantial change As a consequence we haveincluded a column (Substantial change) that includes our appraisal of each proposed change Againwe would welcome your thoughts on this matter also
RTI1819-035-DSDMIP - Page 24 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
It would be good to progress this matter ASAP In doing so it would be appreciated if you couldadvise when you consider you may be able to provide a response to these initial draftrepresentations In the interim should you require anything further please let me know Regards Stewart PentlandDirectorPlanning and Economic DevelopmentMoreton Bay Regional Council2 Hasking Street Caboolture Qld 4510P 07 5433 2023MEmail stewartpentlandmoretonbayqldgovauwwwmoretonbayqldgovau
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in this e-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are not anamed recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legalprivilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete all copiesimmediately and contact the sender to advise of the errorIt is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liability forloss or damage arising directly or indirectly from opening this email opening any attachments or any communication errorsThe views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
This email and any attachments may contain confidential or privileged information and may be protected by copyright Youmust not use or disclose them other than for the purposes for which they were supplied The confidentiality and privilegeattached to this message and attachment is not waived by reason of mistaken delivery to you If you are not the intendedrecipient you must not use disclose retain forward or reproduce this message or any attachments If you receive this messagein error please notify the sender by return email or telephone and destroy and delete all copies The Department does notaccept any responsibility for any loss or damage that may result from reliance on or use of any information contained in thisemail andor attachments
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in this e-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are not anamed recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legalprivilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete all copiesimmediately and contact the sender to advise of the errorIt is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liability forloss or damage arising directly or indirectly from opening this email opening any attachments or any communication errorsThe views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 25 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
From Anthony MartiniTo Graeme BoltonCc Ann Abbott Stewart Pentland Kerry DossSubject RE Moreton Bay Regional Council - Amendment to Planning Scheme ProgressDate Wednesday 11 July 2018 114220 AMAttachments image002png
Thank you for your e-mail Graeme I look forward to your further advices re this matter My reference to timing was based upon advice provided 2 weeks ago at a meeting betweenMBRC and the State that MBRC was to receive a draft condition set the following day Thanks Tony
From Graeme Bolton [mailtoGraemeBoltondsdmipqldgovau] Sent Tuesday 10 July 2018 658 PMTo Anthony Martini ltAnthonyMartinimoretonbayqldgovaugtCc Ann Abbott ltAnnAbbottmoretonbayqldgovaugt Stewart PentlandltStewartPentlandmoretonbayqldgovaugt Kerry Doss ltKerryDossdsdmipqldgovaugtSubject RE Moreton Bay Regional Council - Amendment to Planning Scheme Progress Good afternoon Tony Thank you for your email below I do apologise for not being able to take your call I was in ameeting and then subsequently on a teleconference when you phoned As discussed last week we met with DTMR officers who agreed to provide us with additionalinformation by tomorrow We greatly appreciate the councilrsquos willingness to work with the department to find a wayforward However given the complexity of the amendments it is not as easy as you portray tohave ldquoremoved the CIA and the servicenon service area referencesrdquo All we have at this point intime is a high level table with expressed intent To give effect to this intent involves significantchanges to the proposed amendment and carries a very high risk of unintended consequencesfor the operation of the planning scheme and potential lawfulness of the amendment I amextremely concerned about agreeing to something now only to find out after the Minister hasconditionally approved the amendment that the expressed intent cannot be delivered We are endeavouring to find a solution I will advise further once we have received theadditional information from DTMR Regards Graeme
RTI1819-035-DSDMIP - Page 26 of 55
Graeme BoltonExecutive Director Planning and Development ServicesPlanning GroupDepartment of State Development Manufacturing Infrastructure and Planning---------------------------------------------------------------------------------------------------------------------------------------------
P 07 3452 6741 MLevel 13 1 William Street Brisbane QLD 4000PO Box 15009 City East QLD 4002wwwdsdmipqldgovau
From Anthony Martini [mailtoAnthonyMartinimoretonbayqldgovau] Sent Tuesday 10 July 2018 108 PMTo Graeme Bolton ltGraemeBoltondsdmipqldgovaugtCc Ann Abbott ltAnnAbbottmoretonbayqldgovaugt Stewart PentlandltStewartPentlandmoretonbayqldgovaugt Kerry Doss ltKerryDossdsdmipqldgovaugtSubject Moreton Bay Regional Council - Amendment to Planning Scheme Progress Hi Graeme Appreciate that you are busy however I have endeavoured to make contact with you over thepast few days for the purposes of understanding where we are at with regards to receiving apartial or full draft condition set to the amendment to the planning scheme It is nearly 4 weeks since we first met at which meeting MBRC offered to remove the CIA andservice areas non service areas from the amendment and provided shortly thereafter a tablesummary of these changes for further discussion and guidance for the State and MBRC to workthrough You have advised that these changes are agreed in principle You have also advised that thechanges need to be worked through I am in a position where I need some information from you as to what is occurring and when toprovide to the CEO and Mayor From MBRCrsquos perspective we have undertaken all that has beenasked of MBRC - removed the CIA and the servicenon service area references Is there anythingelse which MBRC needs to consider I await your advice Thanks Tony
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in thise-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are not
RTI1819-035-DSDMIP - Page 27 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
a named recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legalprivilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete allcopies immediately and contact the sender to advise of the errorIt is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liabilityfor loss or damage arising directly or indirectly from opening this email opening any attachments or any communication errorsThe views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
This email and any attachments may contain confidential or privileged information and may be protected by copyright Youmust not use or disclose them other than for the purposes for which they were supplied The confidentiality and privilegeattached to this message and attachment is not waived by reason of mistaken delivery to you If you are not the intendedrecipient you must not use disclose retain forward or reproduce this message or any attachments If you receive thismessage in error please notify the sender by return email or telephone and destroy and delete all copies The Departmentdoes not accept any responsibility for any loss or damage that may result from reliance on or use of any informationcontained in this email andor attachments
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in thise-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are nota named recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legalprivilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete allcopies immediately and contact the sender to advise of the errorIt is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liabilityfor loss or damage arising directly or indirectly from opening this email opening any attachments or any communication errorsThe views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 28 of 55
1
Anne Wood
Subject Discussion regarding DILGPs position and proposed changes to MBRC - Major Amendment 2Location ltlt1 William Street (1WS) - 36 Floor - Meet 3614gtgt
Organizer Cindy WaltonRequired AttendeesCindy Walton Barbara Ryan Christine ONeill kateislesmoretonbayqldgovau
stewartpentlandmoretonbayqldgovau Graeme Bolton Tess PickeringOptional AttendeesBen Caldwell Ian Wright
Booking Confirmation Your room booking has been accepted with the following booking confirmation details below Building 1 William Street (1WS) Floor 36 Room Meet 3614 Room Setup Meeting Room Info Number Attending 12 Date 12 May 2017 From 1100AM To 1230PM Booked By Cindy Walton Host Cindy Walton Booking ID148766 To Join the meeting please dial sip+61730272906qgaaadqldgovau Notes Recurrence Dates Note 1 If you have booked conferencing resources please cut and paste above meeting details to the Outlook meeting invitation and send update 2 For an audio connection users dial the number only 3 For video (Skype) connections users dial the full address
Organizer Anthony MartiniResources Room - Strathpine Room 2A
Good morning The venue for this meeting is Councilrsquos Strathpine office at 220 Gympie Road Strathpine Entrance to the office is via Customer Service in Hall Street where parking is available on street Upon arrival at customer service you will be asked to complete visitor paperwork and then escorted to meeting room 2A Should you have any queries regarding this meeting request please contact me as below Kind regards Ann Abbott Operations Coordinator Engineering Construction amp Maintenance Moreton Bay Regional Council Stage 3 220 Gympie Road Strathpine P 07 3480 6233 E annabbottmoretonbayqldgovau
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in this e-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are not a named recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legal privilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete all copies immediately and contact the sender to advise of the error It is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liability for loss or damage arising directly or indirectly from opening this email opening any attachments or any communication errors The views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 30 of 55
1
Anne Wood
Subject MBRC Location 1 William St Level 12 Room 1214
Shortly you will receive an email invite to enter 1 William st with instructions on what you will need to provide to
Concierge
I will meet your party in the foyer once you have signed in
Kind regards
Anne
Anne Wood AExecutive Assistant Planning and Development Services | Brisbane Department of State Development Manufacturing Infrastructure and Planning Level 13 1 William St Brisbane QLD 4000 p 07 3452 7115 | e annewooddilgpqldgovau
RTI1819-035-DSDMIP - Page 31 of 55
From Graeme BoltonTo Anthony MartiniCc Stewart Pentland Kerry Doss Megan BayntunSubject RE MBRC Planning Scheme Amendment Meeting 13062018Date Friday 22 June 2018 64200 PMAttachments image001png
Dear Tony Please accept my apologies for not being able to get back to you earlier today As indicated in mymessage I was unexpectedly tied up all afternoon in an emergent and urgent issue I have reviewed the provided table and support in principle the matters identified in column fourIn respect to the matters identified in column five I can understand and again support in theprinciple the need for additional changes However the extent of changes will need to satisfy thesignificantly different test This is something that the department and Minister cannot resolvefrom This may mean that the desired changes may need to be tempered with what can besupported at this point in time and further decisions made by the council in respect to the riskprofile and whether or not to proceed with particular elements In addition to the above we have examined a couple of mechanisms that may be open to theMinister in deciding the proposed amendment In short we are exploring (a) the ability to partrefuse and part approve subject to conditions or (b) to solely condition The key consideration isto ensure whatever recommendation is made to the Minister the eventual decision can withstandclose scrutiny In both options given the volume of changes we would be also recommending tothe Minister a closing condition that requires the council to submit the changed amendment forendorsement by the Chief Executive prior to adoption by the council Finally as discussed at our last meeting through the second state interest review the Departmentof Environment and Science (DES) identified concerns in relation to koala habitat and the WarnerInvestigation Area structure plan I have been chasing (and have not yet received) additionalinformation and mapping from DES in relation to this At this point in time we would be looking toinclude a condition addresses the protection of the remaining koala habitat I am hoping to getgreater clarity and certainty on this (in terms of scale and location) in the coming days I will give you a call on Monday to discuss Please do not hesitate to contact me in the interimshould you have questions or concerns Regards Graeme
Graeme BoltonExecutive Director Planning and Development ServicesPlanning GroupDepartment of State Development Manufacturing Infrastructure and Planning---------------------------------------------------------------------------------------------------------------------------------------------
P 07 3452 6741 MLevel 13 1 William Street Brisbane QLD 4000
RTI1819-035-DSDMIP - Page 32 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
Summary of Proposed Planning Scheme Amendment
MBRC policy end Current MBRC Planning Scheme
Advertised Proposed Planning Scheme
Amendment
Amended Proposed Planning Scheme
Amendment
Other necessary changes to achieve MBRC policy end
Substantial change
Warner growth area - o Enable conversion of existing
industryrural residential to transition to residential outcomes
o Conversion consistent with the SEQ Regional Plan identification of Warner for growth
Industry zone and rural residential surrounded by existing residential and main roads Preliminary approval (Variation) would involve - Impact assessment - Major non-compliance with the
assessment benchmarks
- Zone change to Emerging
Community - Overlay map - Structure
planned area - Level of assessment - Service Area - RAL Code
assessment No Service Area - RAL
Impact assessment
Changes - Delete reference to CIA - Delete reference to service area
non service area Result - No change to Overlay map -
Structure planned area - Level of Assessment - RAL
Code assessment
Strengthening of assessment benchmarks required in the Emerging Community Zone Code andor RAL Code - Emerging Community Zone to assist code assessment
No Maintain overlay map as advertised maintain Level of Assessment remove reference to CIA and remove reference to Service Area and Non-Service Area
Caboolture West growth area - (Area 1) - o Enable Area 1 to proceed to
development including residential and local centre
o Consistent with the SEQ Regional Planrsquos identification of Caboolture West as an expansion area
Preliminary approval (Variation) would involve - Impact assessment - Major non-compliance with the
assessment benchmarks without a Neighhourhood Development Plan for Area 1
- Area 1 - Overlay map -
Structure planned area - Level of assessment Service Area - RAL Code
assessment Non Service Area - RAL
Impact assessment
Changes - Delete reference to CIA - Delete reference to service area
non service area Result - No change to Overlay map -
Structure planned area - Level of assessment - RAL Code
assessment for SPA1
Strengthening of assessment benchmarks required in the Local Plan Zone Code andor RAL Code - Emerging Community Zone to assist code assessment
No Maintain overlay map as advertised maintain Level of Assessment remove reference to CIA remove reference to Service Area and Non-Service Area
Caboolture West growth area - (Balance of Caboolture West) - o Enable subsequent stages to
be structure planned and released through future scheme amendments
Preliminary approval (Variation) would involve - Impact assessment - Major non-compliance with the
assessment benchmarks without a Neighhourhood Development Plan for the relevant area
- Overlay map - Future Structure
plan area - Level of assessment - Impact assessment
Changes - Delete reference to CIA - Delete reference to service area
non service area Result - No change to Overlay map -
Future Structure plan area - Level of assessment - Impact
assessment
Revisit strategic framework to delete CIA and ensure strategic outcomes accurately reflect the future timing of these fronts
No Maintain overlay map as advertised remove reference to CIA Minor change to the strategic framework
Other growth areas to be structure planned and held subject to planning infrastructure requirements and financial obligations being determined o Morayfield o Burpengary east o Narangba east o Joyner
RAL application would involve - Code assessment - Major non-compliance with the
assessment benchmarks in the absence of integrated land use and infrastructure planning
MCU application would involve impact assessment
- Overlay Map - Future structure
planned area - Level of assessment - RAL
Impact assessment - Major non-compliance with the
assessment benchmarks in the absence of integrated land use and infrastructure planning including the strategic outcomes
Changes - Delete references to CIA in the
strategic framework - Delete references to service
area non service area Result - No change to Overlay map -
Future structure planned area
Revisit strategic framework to delete CIA and ensure strategic outcomes accurately reflect the future timing of these fronts
No Maintain overlay map as advertised maintain Level of Assessment and remove reference to CIA
MBRC policy end Current MBRC Planning
Scheme Advertised Proposed
Planning Scheme Amendment
Amended Proposed Planning Scheme
Amendment
Other necessary changes to achieve MBRC policy end
Substantial change
- No change to Level of assessment - RAL Impact assessment
Balance of Proposed Planning Scheme Amendment
Not applicable
Changes proposed (carports setbacks sheds etc)
No further changes to the proposed Planning Scheme Amendment as provided post consultation
Not applicable
Not applicable
PO Box 15009 City East QLD 4002wwwdsdmipqldgovau
From Stewart Pentland [mailtoStewartPentlandmoretonbayqldgovau] Sent Thursday 14 June 2018 1234 PMTo Kerry Doss ltKerryDossdsdmipqldgovaugt Graeme BoltonltGraemeBoltondsdmipqldgovaugt Megan Bayntun ltMeganBayntundsdmipqldgovaugtCc Anthony Martini ltAnthonyMartinimoretonbayqldgovaugtSubject MBRC Planning Scheme Amendment Meeting 13062018 Graeme Kerry and Megan Thank you for your time yesterday Tony and I found the meeting most useful As discussed and agreed in principle
1 Council would document a series of proposed changes to the existing Planning SchemeAmendment that responds to the States direction to remove reference to the CIA andassociated service area non-service area concepts (see attached)
2 Subject to an iterative process between the State and council this information would thenform the basis of a conditional approval of the current major scheme amendment amp
3 The existing amendment would then be finalised by way of a conditional approval consistentwith points 1 and 2 above ASAP
Please find attached a first draft table outlining what are considered to be the necessary changesto the current amendment We would welcome your thoughts on this so that we can continue todevelop its contents with you I note you indicated that for this approach to be utilised you would need to be comfortable thatthe type of changes proposed did not constitute a substantial change As a consequence we haveincluded a column (Substantial change) that includes our appraisal of each proposed change Againwe would welcome your thoughts on this matter also It would be good to progress this matter ASAP In doing so it would be appreciated if you couldadvise when you consider you may be able to provide a response to these initial draftrepresentations In the interim should you require anything further please let me know Regards Stewart PentlandDirectorPlanning and Economic DevelopmentMoreton Bay Regional Council2 Hasking Street Caboolture Qld 4510P 07 5433 2023M Email stewartpentlandmoretonbayqldgovauwwwmoretonbayqldgovau
RTI1819-035-DSDMIP - Page 33 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in this e-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are not anamed recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legalprivilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete all copiesimmediately and contact the sender to advise of the errorIt is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liability forloss or damage arising directly or indirectly from opening this email opening any attachments or any communication errorsThe views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 34 of 55
Summary of Proposed Planning Scheme Amendment
MBRC policy end Current MBRC Planning Scheme
Advertised Proposed Planning Scheme
Amendment
Amended Proposed Planning Scheme
Amendment
Other necessary changes to achieve MBRC policy end
Substantial change
Warner growth area - o Enable conversion of existing
industryrural residential to transition to residential outcomes
o Conversion consistent with the SEQ Regional Plan identification of Warner for growth
Industry zone and rural residential surrounded by existing residential and main roads Preliminary approval (Variation) would involve - Impact assessment - Major non-compliance with the
assessment benchmarks
- Zone change to Emerging
Community - Overlay map - Structure
planned area - Level of assessment - Service Area - RAL Code
assessment No Service Area - RAL
Impact assessment
Changes - Delete reference to CIA - Delete reference to service area
non service area Result - No change to Overlay map -
Structure planned area - Level of Assessment - RAL
Code assessment
Strengthening of assessment benchmarks required in the Emerging Community Zone Code andor RAL Code - Emerging Community Zone to assist code assessment
No Maintain overlay map as advertised maintain Level of Assessment remove reference to CIA and remove reference to Service Area and Non-Service Area
Caboolture West growth area - (Area 1) - o Enable Area 1 to proceed to
development including residential and local centre
o Consistent with the SEQ Regional Planrsquos identification of Caboolture West as an expansion area
Preliminary approval (Variation) would involve - Impact assessment - Major non-compliance with the
assessment benchmarks without a Neighhourhood Development Plan for Area 1
- Area 1 - Overlay map -
Structure planned area - Level of assessment Service Area - RAL Code
assessment Non Service Area - RAL
Impact assessment
Changes - Delete reference to CIA - Delete reference to service area
non service area Result - No change to Overlay map -
Structure planned area - Level of assessment - RAL Code
assessment for SPA1
Strengthening of assessment benchmarks required in the Local Plan Zone Code andor RAL Code - Emerging Community Zone to assist code assessment
No Maintain overlay map as advertised maintain Level of Assessment remove reference to CIA remove reference to Service Area and Non-Service Area
Caboolture West growth area - (Balance of Caboolture West) - o Enable subsequent stages to
be structure planned and released through future scheme amendments
Preliminary approval (Variation) would involve - Impact assessment - Major non-compliance with the
assessment benchmarks without a Neighhourhood Development Plan for the relevant area
- Overlay map - Future Structure
plan area - Level of assessment - Impact assessment
Changes - Delete reference to CIA - Delete reference to service area
non service area Result - No change to Overlay map -
Future Structure plan area - Level of assessment - Impact
assessment
Revisit strategic framework to delete CIA and ensure strategic outcomes accurately reflect the future timing of these fronts
No Maintain overlay map as advertised remove reference to CIA Minor change to the strategic framework
Other growth areas to be structure planned and held subject to planning infrastructure requirements and financial obligations being determined o Morayfield o Burpengary east o Narangba east o Joyner
RAL application would involve - Code assessment - Major non-compliance with the
assessment benchmarks in the absence of integrated land use and infrastructure planning
MCU application would involve impact assessment
- Overlay Map - Future structure
planned area - Level of assessment - RAL
Impact assessment - Major non-compliance with the
assessment benchmarks in the absence of integrated land use and infrastructure planning including the strategic outcomes
Changes - Delete references to CIA in the
strategic framework - Delete references to service
area non service area Result - No change to Overlay map -
Future structure planned area
Revisit strategic framework to delete CIA and ensure strategic outcomes accurately reflect the future timing of these fronts
No Maintain overlay map as advertised maintain Level of Assessment and remove reference to CIA
RTI1819-035-DSDMIP - Page 35 of 55
MBRC policy end Current MBRC Planning
Scheme Advertised Proposed
Planning Scheme Amendment
Amended Proposed Planning Scheme
Amendment
Other necessary changes to achieve MBRC policy end
Substantial change
- No change to Level of assessment - RAL Impact assessment
Balance of Proposed Planning Scheme Amendment
Not applicable
Changes proposed (carports setbacks sheds etc)
No further changes to the proposed Planning Scheme Amendment as provided post consultation
Not applicable
Not applicable
RTI1819-035-DSDMIP - Page 36 of 55
From Graeme BoltonTo Stewart Pentland Kerry Doss Megan BayntunCc Anthony MartiniSubject RE MBRC Planning Scheme Amendment Meeting 13062018Date Monday 18 June 2018 82200 AMAttachments image001png
image002jpg
Hi Stewart Thank you for providing the attached table and below information As per Kerryrsquos email we willreview and respond as soon as possible Regards Graeme
Graeme BoltonExecutive Director Planning and Development ServicesPlanning GroupDepartment of State Development Manufacturing Infrastructure and Planning---------------------------------------------------------------------------------------------------------------------------------------------
P 07 3452 6741 MLevel 13 1 William Street Brisbane QLD 4000PO Box 15009 City East QLD 4002wwwdsdmipqldgovau
From Stewart Pentland [mailtoStewartPentlandmoretonbayqldgovau] Sent Thursday 14 June 2018 1234 PMTo Kerry Doss ltKerryDossdsdmipqldgovaugt Graeme BoltonltGraemeBoltondsdmipqldgovaugt Megan Bayntun ltMeganBayntundsdmipqldgovaugtCc Anthony Martini ltAnthonyMartinimoretonbayqldgovaugtSubject MBRC Planning Scheme Amendment Meeting 13062018 Graeme Kerry and Megan Thank you for your time yesterday Tony and I found the meeting most useful As discussed and agreed in principle
1 Council would document a series of proposed changes to the existing Planning SchemeAmendment that responds to the States direction to remove reference to the CIA andassociated service area non-service area concepts (see attached)
2 Subject to an iterative process between the State and council this information would thenform the basis of a conditional approval of the current major scheme amendment amp
3 The existing amendment would then be finalised by way of a conditional approval consistentwith points 1 and 2 above ASAP
RTI1819-035-DSDMIP - Page 37 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
Please find attached a first draft table outlining what are considered to be the necessary changesto the current amendment We would welcome your thoughts on this so that we can continue todevelop its contents with you I note you indicated that for this approach to be utilised you would need to be comfortable thatthe type of changes proposed did not constitute a substantial change As a consequence we haveincluded a column (Substantial change) that includes our appraisal of each proposed change Againwe would welcome your thoughts on this matter also It would be good to progress this matter ASAP In doing so it would be appreciated if you couldadvise when you consider you may be able to provide a response to these initial draftrepresentations In the interim should you require anything further please let me know Regards Stewart PentlandDirectorPlanning and Economic DevelopmentMoreton Bay Regional Council2 Hasking Street Caboolture Qld 4510P 07 5433 2023M Email stewartpentlandmoretonbayqldgovauwwwmoretonbayqldgovau CCR3_email_signhr
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in this e-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are not anamed recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legalprivilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete all copiesimmediately and contact the sender to advise of the errorIt is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liability forloss or damage arising directly or indirectly from opening this email opening any attachments or any communication errorsThe views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 38 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
From Graeme BoltonTo Anthony MartiniCc Ann Abbott Stewart Pentland Kerry DossSubject RE Moreton Bay Regional Council - Amendment to Planning Scheme ProgressDate Tuesday 10 July 2018 65800 PMAttachments image001png
Good afternoon Tony Thank you for your email below I do apologise for not being able to take your call I was in ameeting and then subsequently on a teleconference when you phoned As discussed last week we met with DTMR officers who agreed to provide us with additionalinformation by tomorrow We greatly appreciate the councilrsquos willingness to work with the department to find a wayforward However given the complexity of the amendments it is not as easy as you portray tohave ldquoremoved the CIA and the servicenon service area referencesrdquo All we have at this point intime is a high level table with expressed intent To give effect to this intent involves significantchanges to the proposed amendment and carries a very high risk of unintended consequencesfor the operation of the planning scheme and potential lawfulness of the amendment I amextremely concerned about agreeing to something now only to find out after the Minister hasconditionally approved the amendment that the expressed intent cannot be delivered We are endeavouring to find a solution I will advise further once we have received theadditional information from DTMR Regards Graeme
Graeme BoltonExecutive Director Planning and Development ServicesPlanning GroupDepartment of State Development Manufacturing Infrastructure and Planning--------------------------------------------------------------- ---------------------------
P 07 3452 6741 MLevel 13 1 William Street Brisbane QLD 4000PO Box 15009 City East QLD 4002wwwdsdmipqldgovau
From Anthony Martini [mailtoAnthonyMartinimoretonbayqldgovau] Sent Tuesday 10 July 2018 108 PMTo Graeme Bolton ltGraemeBoltondsdmipqldgovaugtCc Ann Abbott ltAnnAbbottmoretonbayqldgovaugt Stewart PentlandltStewartPentlandmoretonbayqldgovaugt Kerry Doss ltKerryDossdsdmipqldgovaugtSubject Moreton Bay Regional Council - Amendment to Planning Scheme Progress
RTI1819-035-DSDMIP - Page 39 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
Hi Graeme Appreciate that you are busy however I have endeavoured to make contact with you over thepast few days for the purposes of understanding where we are at with regards to receiving apartial or full draft condition set to the amendment to the planning scheme It is nearly 4 weeks since we first met at which meeting MBRC offered to remove the CIA andservice areas non service areas from the amendment and provided shortly thereafter a tablesummary of these changes for further discussion and guidance for the State and MBRC to workthrough You have advised that these changes are agreed in principle You have also advised that thechanges need to be worked through I am in a position where I need some information from you as to what is occurring and when toprovide to the CEO and Mayor From MBRCrsquos perspective we have undertaken all that has beenasked of MBRC - removed the CIA and the servicenon service area references Is there anythingelse which MBRC needs to consider I await your advice Thanks Tony
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in thise-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are nota named recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legalprivilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete allcopies immediately and contact the sender to advise of the errorIt is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liabilityfor loss or damage arising directly or indirectly from opening this email opening any attachments or any communication errorsThe views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 40 of 55
From Graeme BoltonTo Anthony MartiniCc Stewart Pentland Kerry Doss Garth NolanSubject RE Update on draft conditionsDate Thursday 5 July 2018 30400 PMAttachments image001png
image002png
Hi Tony I appreciate your concerns and we are progressing this as fast as possible As you can alsohopefully appreciate the amendment in its own right is a very large and complex document Thechanges being proposed are not unsubstantial and have multiple unintended consequencesmany of which have the potential to adversely affect matters of state interest As such we aretrying to resolve these to an acceptable level (for the state) before sharing these with you I will forward these to you as soon as possible Regards Graeme
Graeme BoltonExecutive Director Planning and Development ServicesPlanning GroupDepartment of State Development Manufacturing Infrastructure and Planning---------------------------------------------------------------------------------------------------------------------------------------------
P 07 3452 6741 MLevel 13 1 William Street Brisbane QLD 4000PO Box 15009 City East QLD 4002wwwdsdmipqldgovau
From Anthony Martini [mailtoAnthonyMartinimoretonbayqldgovau] Sent Tuesday 3 July 2018 543 PMTo Graeme Bolton ltGraemeBoltondsdmipqldgovaugtCc Stewart Pentland ltStewartPentlandmoretonbayqldgovaugt Kerry DossltKerryDossdsdmipqldgovaugt Garth Nolan ltGarthNolandsdmipqldgovaugtSubject RE Update on draft conditions Hi Graeme Thank you for the update It would be good to catch up sooner rather than later as it is fast approaching 3 weeks since ourinitial meeting I can advise that the Mayor sought advice from me as to where the amendmentwas at - as I had advised him 10 days ago that a draft set was to be available with a day or so As discussed our preference is to collaboratively work on the content of the draft conditions Itwould be appreciated if you could send through the balance of the approval and conditions now
RTI1819-035-DSDMIP - Page 41 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
this will enable us to get the process moving Thanks Tony
From Graeme Bolton [mailtoGraemeBoltondsdmipqldgovau] Sent Tuesday 3 July 2018 307 PMTo Anthony Martini ltAnthonyMartinimoretonbayqldgovaugtCc Stewart Pentland ltStewartPentlandmoretonbayqldgovaugt Kerry DossltKerryDossdsdmipqldgovaugt Garth Nolan ltGarthNolandsdmipqldgovaugtSubject Update on draft conditions Hi Tony As previously advised I met with senior officers from DTMR today to discuss some concernstheyrsquove raised in respect to conditioning the proposed amendment I believe we have a wayforward and DTMR are working on a couple of options as a matter of priority I am expecting tohave something back from DTMR mid next week We will continue to work closely with them totry and get something out sooner As previously discussed we will share the draft conditions once we are satisfied with them Wewould be happy to work with you to ensure they are workable from councilrsquos perspective Regards Graeme
Graeme BoltonExecutive Director Planning and Development ServicesPlanning GroupDepartment of State Development Manufacturing Infrastructure and Planning---------------------------------------------------------------- -------------------------------
P 07 3452 6741 MLevel 13 1 William Street Brisbane QLD 4000PO Box 15009 City East QLD 4002wwwdsdmipqldgovau
This email and any attachments may contain confidential or privileged information and may be protected by copyright Youmust not use or disclose them other than for the purposes for which they were supplied The confidentiality and privilegeattached to this message and attachment is not waived by reason of mistaken delivery to you If you are not the intendedrecipient you must not use disclose retain forward or reproduce this message or any attachments If you receive thismessage in error please notify the sender by return email or telephone and destroy and delete all copies The Departmentdoes not accept any responsibility for any loss or damage that may result from reliance on or use of any informationcontained in this email andor attachments
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in this
e-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are not
RTI1819-035-DSDMIP - Page 42 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
a named recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legal
privilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete all
copies immediately and contact the sender to advise of the error
It is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liability
for loss or damage arising directly or indirectly from opening this email opening any attachments or any communication errors
The views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 43 of 55
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Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
RTI1819-035-DSDMIP - Page 47 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
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Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
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Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
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I will give you a call on Monday to discuss Please do not hesitate to contact me in the interimshould you have questions or concerns Regards Graeme
Graeme BoltonExecutive Director Planning and Development ServicesPlanning GroupDepartment of State Development Manufacturing Infrastructure and Planning---------------------------------------------------------------------------------------------------------------------------------------------
P 07 3452 6741 MLevel 13 1 William Street Brisbane QLD 4000PO Box 15009 City East QLD 4002wwwdsdmipqldgovau
From Stewart Pentland [mailtoStewartPentlandmoretonbayqldgovau] Sent Thursday 14 June 2018 1234 PMTo Kerry Doss ltKerryDossdsdmipqldgovaugt Graeme BoltonltGraemeBoltondsdmipqldgovaugt Megan Bayntun ltMeganBayntundsdmipqldgovaugtCc Anthony Martini ltAnthonyMartinimoretonbayqldgovaugtSubject MBRC Planning Scheme Amendment Meeting 13062018 Graeme Kerry and Megan Thank you for your time yesterday Tony and I found the meeting most useful As discussed and agreed in principle
1 Council would document a series of proposed changes to the existing Planning SchemeAmendment that responds to the States direction to remove reference to the CIA andassociated service area non-service area concepts (see attached)
2 Subject to an iterative process between the State and council this information would thenform the basis of a conditional approval of the current major scheme amendment amp
3 The existing amendment would then be finalised by way of a conditional approval consistentwith points 1 and 2 above ASAP
Please find attached a first draft table outlining what are considered to be the necessary changesto the current amendment We would welcome your thoughts on this so that we can continue todevelop its contents with you I note you indicated that for this approach to be utilised you would need to be comfortable thatthe type of changes proposed did not constitute a substantial change As a consequence we haveincluded a column (Substantial change) that includes our appraisal of each proposed change Againwe would welcome your thoughts on this matter also
RTI1819-035-DSDMIP - Page 24 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
It would be good to progress this matter ASAP In doing so it would be appreciated if you couldadvise when you consider you may be able to provide a response to these initial draftrepresentations In the interim should you require anything further please let me know Regards Stewart PentlandDirectorPlanning and Economic DevelopmentMoreton Bay Regional Council2 Hasking Street Caboolture Qld 4510P 07 5433 2023MEmail stewartpentlandmoretonbayqldgovauwwwmoretonbayqldgovau
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in this e-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are not anamed recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legalprivilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete all copiesimmediately and contact the sender to advise of the errorIt is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liability forloss or damage arising directly or indirectly from opening this email opening any attachments or any communication errorsThe views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
This email and any attachments may contain confidential or privileged information and may be protected by copyright Youmust not use or disclose them other than for the purposes for which they were supplied The confidentiality and privilegeattached to this message and attachment is not waived by reason of mistaken delivery to you If you are not the intendedrecipient you must not use disclose retain forward or reproduce this message or any attachments If you receive this messagein error please notify the sender by return email or telephone and destroy and delete all copies The Department does notaccept any responsibility for any loss or damage that may result from reliance on or use of any information contained in thisemail andor attachments
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in this e-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are not anamed recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legalprivilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete all copiesimmediately and contact the sender to advise of the errorIt is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liability forloss or damage arising directly or indirectly from opening this email opening any attachments or any communication errorsThe views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 25 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
From Anthony MartiniTo Graeme BoltonCc Ann Abbott Stewart Pentland Kerry DossSubject RE Moreton Bay Regional Council - Amendment to Planning Scheme ProgressDate Wednesday 11 July 2018 114220 AMAttachments image002png
Thank you for your e-mail Graeme I look forward to your further advices re this matter My reference to timing was based upon advice provided 2 weeks ago at a meeting betweenMBRC and the State that MBRC was to receive a draft condition set the following day Thanks Tony
From Graeme Bolton [mailtoGraemeBoltondsdmipqldgovau] Sent Tuesday 10 July 2018 658 PMTo Anthony Martini ltAnthonyMartinimoretonbayqldgovaugtCc Ann Abbott ltAnnAbbottmoretonbayqldgovaugt Stewart PentlandltStewartPentlandmoretonbayqldgovaugt Kerry Doss ltKerryDossdsdmipqldgovaugtSubject RE Moreton Bay Regional Council - Amendment to Planning Scheme Progress Good afternoon Tony Thank you for your email below I do apologise for not being able to take your call I was in ameeting and then subsequently on a teleconference when you phoned As discussed last week we met with DTMR officers who agreed to provide us with additionalinformation by tomorrow We greatly appreciate the councilrsquos willingness to work with the department to find a wayforward However given the complexity of the amendments it is not as easy as you portray tohave ldquoremoved the CIA and the servicenon service area referencesrdquo All we have at this point intime is a high level table with expressed intent To give effect to this intent involves significantchanges to the proposed amendment and carries a very high risk of unintended consequencesfor the operation of the planning scheme and potential lawfulness of the amendment I amextremely concerned about agreeing to something now only to find out after the Minister hasconditionally approved the amendment that the expressed intent cannot be delivered We are endeavouring to find a solution I will advise further once we have received theadditional information from DTMR Regards Graeme
RTI1819-035-DSDMIP - Page 26 of 55
Graeme BoltonExecutive Director Planning and Development ServicesPlanning GroupDepartment of State Development Manufacturing Infrastructure and Planning---------------------------------------------------------------------------------------------------------------------------------------------
P 07 3452 6741 MLevel 13 1 William Street Brisbane QLD 4000PO Box 15009 City East QLD 4002wwwdsdmipqldgovau
From Anthony Martini [mailtoAnthonyMartinimoretonbayqldgovau] Sent Tuesday 10 July 2018 108 PMTo Graeme Bolton ltGraemeBoltondsdmipqldgovaugtCc Ann Abbott ltAnnAbbottmoretonbayqldgovaugt Stewart PentlandltStewartPentlandmoretonbayqldgovaugt Kerry Doss ltKerryDossdsdmipqldgovaugtSubject Moreton Bay Regional Council - Amendment to Planning Scheme Progress Hi Graeme Appreciate that you are busy however I have endeavoured to make contact with you over thepast few days for the purposes of understanding where we are at with regards to receiving apartial or full draft condition set to the amendment to the planning scheme It is nearly 4 weeks since we first met at which meeting MBRC offered to remove the CIA andservice areas non service areas from the amendment and provided shortly thereafter a tablesummary of these changes for further discussion and guidance for the State and MBRC to workthrough You have advised that these changes are agreed in principle You have also advised that thechanges need to be worked through I am in a position where I need some information from you as to what is occurring and when toprovide to the CEO and Mayor From MBRCrsquos perspective we have undertaken all that has beenasked of MBRC - removed the CIA and the servicenon service area references Is there anythingelse which MBRC needs to consider I await your advice Thanks Tony
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in thise-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are not
RTI1819-035-DSDMIP - Page 27 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
a named recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legalprivilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete allcopies immediately and contact the sender to advise of the errorIt is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liabilityfor loss or damage arising directly or indirectly from opening this email opening any attachments or any communication errorsThe views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
This email and any attachments may contain confidential or privileged information and may be protected by copyright Youmust not use or disclose them other than for the purposes for which they were supplied The confidentiality and privilegeattached to this message and attachment is not waived by reason of mistaken delivery to you If you are not the intendedrecipient you must not use disclose retain forward or reproduce this message or any attachments If you receive thismessage in error please notify the sender by return email or telephone and destroy and delete all copies The Departmentdoes not accept any responsibility for any loss or damage that may result from reliance on or use of any informationcontained in this email andor attachments
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in thise-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are nota named recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legalprivilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete allcopies immediately and contact the sender to advise of the errorIt is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liabilityfor loss or damage arising directly or indirectly from opening this email opening any attachments or any communication errorsThe views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 28 of 55
1
Anne Wood
Subject Discussion regarding DILGPs position and proposed changes to MBRC - Major Amendment 2Location ltlt1 William Street (1WS) - 36 Floor - Meet 3614gtgt
Organizer Cindy WaltonRequired AttendeesCindy Walton Barbara Ryan Christine ONeill kateislesmoretonbayqldgovau
stewartpentlandmoretonbayqldgovau Graeme Bolton Tess PickeringOptional AttendeesBen Caldwell Ian Wright
Booking Confirmation Your room booking has been accepted with the following booking confirmation details below Building 1 William Street (1WS) Floor 36 Room Meet 3614 Room Setup Meeting Room Info Number Attending 12 Date 12 May 2017 From 1100AM To 1230PM Booked By Cindy Walton Host Cindy Walton Booking ID148766 To Join the meeting please dial sip+61730272906qgaaadqldgovau Notes Recurrence Dates Note 1 If you have booked conferencing resources please cut and paste above meeting details to the Outlook meeting invitation and send update 2 For an audio connection users dial the number only 3 For video (Skype) connections users dial the full address
Organizer Anthony MartiniResources Room - Strathpine Room 2A
Good morning The venue for this meeting is Councilrsquos Strathpine office at 220 Gympie Road Strathpine Entrance to the office is via Customer Service in Hall Street where parking is available on street Upon arrival at customer service you will be asked to complete visitor paperwork and then escorted to meeting room 2A Should you have any queries regarding this meeting request please contact me as below Kind regards Ann Abbott Operations Coordinator Engineering Construction amp Maintenance Moreton Bay Regional Council Stage 3 220 Gympie Road Strathpine P 07 3480 6233 E annabbottmoretonbayqldgovau
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in this e-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are not a named recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legal privilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete all copies immediately and contact the sender to advise of the error It is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liability for loss or damage arising directly or indirectly from opening this email opening any attachments or any communication errors The views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 30 of 55
1
Anne Wood
Subject MBRC Location 1 William St Level 12 Room 1214
Shortly you will receive an email invite to enter 1 William st with instructions on what you will need to provide to
Concierge
I will meet your party in the foyer once you have signed in
Kind regards
Anne
Anne Wood AExecutive Assistant Planning and Development Services | Brisbane Department of State Development Manufacturing Infrastructure and Planning Level 13 1 William St Brisbane QLD 4000 p 07 3452 7115 | e annewooddilgpqldgovau
RTI1819-035-DSDMIP - Page 31 of 55
From Graeme BoltonTo Anthony MartiniCc Stewart Pentland Kerry Doss Megan BayntunSubject RE MBRC Planning Scheme Amendment Meeting 13062018Date Friday 22 June 2018 64200 PMAttachments image001png
Dear Tony Please accept my apologies for not being able to get back to you earlier today As indicated in mymessage I was unexpectedly tied up all afternoon in an emergent and urgent issue I have reviewed the provided table and support in principle the matters identified in column fourIn respect to the matters identified in column five I can understand and again support in theprinciple the need for additional changes However the extent of changes will need to satisfy thesignificantly different test This is something that the department and Minister cannot resolvefrom This may mean that the desired changes may need to be tempered with what can besupported at this point in time and further decisions made by the council in respect to the riskprofile and whether or not to proceed with particular elements In addition to the above we have examined a couple of mechanisms that may be open to theMinister in deciding the proposed amendment In short we are exploring (a) the ability to partrefuse and part approve subject to conditions or (b) to solely condition The key consideration isto ensure whatever recommendation is made to the Minister the eventual decision can withstandclose scrutiny In both options given the volume of changes we would be also recommending tothe Minister a closing condition that requires the council to submit the changed amendment forendorsement by the Chief Executive prior to adoption by the council Finally as discussed at our last meeting through the second state interest review the Departmentof Environment and Science (DES) identified concerns in relation to koala habitat and the WarnerInvestigation Area structure plan I have been chasing (and have not yet received) additionalinformation and mapping from DES in relation to this At this point in time we would be looking toinclude a condition addresses the protection of the remaining koala habitat I am hoping to getgreater clarity and certainty on this (in terms of scale and location) in the coming days I will give you a call on Monday to discuss Please do not hesitate to contact me in the interimshould you have questions or concerns Regards Graeme
Graeme BoltonExecutive Director Planning and Development ServicesPlanning GroupDepartment of State Development Manufacturing Infrastructure and Planning---------------------------------------------------------------------------------------------------------------------------------------------
P 07 3452 6741 MLevel 13 1 William Street Brisbane QLD 4000
RTI1819-035-DSDMIP - Page 32 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
Summary of Proposed Planning Scheme Amendment
MBRC policy end Current MBRC Planning Scheme
Advertised Proposed Planning Scheme
Amendment
Amended Proposed Planning Scheme
Amendment
Other necessary changes to achieve MBRC policy end
Substantial change
Warner growth area - o Enable conversion of existing
industryrural residential to transition to residential outcomes
o Conversion consistent with the SEQ Regional Plan identification of Warner for growth
Industry zone and rural residential surrounded by existing residential and main roads Preliminary approval (Variation) would involve - Impact assessment - Major non-compliance with the
assessment benchmarks
- Zone change to Emerging
Community - Overlay map - Structure
planned area - Level of assessment - Service Area - RAL Code
assessment No Service Area - RAL
Impact assessment
Changes - Delete reference to CIA - Delete reference to service area
non service area Result - No change to Overlay map -
Structure planned area - Level of Assessment - RAL
Code assessment
Strengthening of assessment benchmarks required in the Emerging Community Zone Code andor RAL Code - Emerging Community Zone to assist code assessment
No Maintain overlay map as advertised maintain Level of Assessment remove reference to CIA and remove reference to Service Area and Non-Service Area
Caboolture West growth area - (Area 1) - o Enable Area 1 to proceed to
development including residential and local centre
o Consistent with the SEQ Regional Planrsquos identification of Caboolture West as an expansion area
Preliminary approval (Variation) would involve - Impact assessment - Major non-compliance with the
assessment benchmarks without a Neighhourhood Development Plan for Area 1
- Area 1 - Overlay map -
Structure planned area - Level of assessment Service Area - RAL Code
assessment Non Service Area - RAL
Impact assessment
Changes - Delete reference to CIA - Delete reference to service area
non service area Result - No change to Overlay map -
Structure planned area - Level of assessment - RAL Code
assessment for SPA1
Strengthening of assessment benchmarks required in the Local Plan Zone Code andor RAL Code - Emerging Community Zone to assist code assessment
No Maintain overlay map as advertised maintain Level of Assessment remove reference to CIA remove reference to Service Area and Non-Service Area
Caboolture West growth area - (Balance of Caboolture West) - o Enable subsequent stages to
be structure planned and released through future scheme amendments
Preliminary approval (Variation) would involve - Impact assessment - Major non-compliance with the
assessment benchmarks without a Neighhourhood Development Plan for the relevant area
- Overlay map - Future Structure
plan area - Level of assessment - Impact assessment
Changes - Delete reference to CIA - Delete reference to service area
non service area Result - No change to Overlay map -
Future Structure plan area - Level of assessment - Impact
assessment
Revisit strategic framework to delete CIA and ensure strategic outcomes accurately reflect the future timing of these fronts
No Maintain overlay map as advertised remove reference to CIA Minor change to the strategic framework
Other growth areas to be structure planned and held subject to planning infrastructure requirements and financial obligations being determined o Morayfield o Burpengary east o Narangba east o Joyner
RAL application would involve - Code assessment - Major non-compliance with the
assessment benchmarks in the absence of integrated land use and infrastructure planning
MCU application would involve impact assessment
- Overlay Map - Future structure
planned area - Level of assessment - RAL
Impact assessment - Major non-compliance with the
assessment benchmarks in the absence of integrated land use and infrastructure planning including the strategic outcomes
Changes - Delete references to CIA in the
strategic framework - Delete references to service
area non service area Result - No change to Overlay map -
Future structure planned area
Revisit strategic framework to delete CIA and ensure strategic outcomes accurately reflect the future timing of these fronts
No Maintain overlay map as advertised maintain Level of Assessment and remove reference to CIA
MBRC policy end Current MBRC Planning
Scheme Advertised Proposed
Planning Scheme Amendment
Amended Proposed Planning Scheme
Amendment
Other necessary changes to achieve MBRC policy end
Substantial change
- No change to Level of assessment - RAL Impact assessment
Balance of Proposed Planning Scheme Amendment
Not applicable
Changes proposed (carports setbacks sheds etc)
No further changes to the proposed Planning Scheme Amendment as provided post consultation
Not applicable
Not applicable
PO Box 15009 City East QLD 4002wwwdsdmipqldgovau
From Stewart Pentland [mailtoStewartPentlandmoretonbayqldgovau] Sent Thursday 14 June 2018 1234 PMTo Kerry Doss ltKerryDossdsdmipqldgovaugt Graeme BoltonltGraemeBoltondsdmipqldgovaugt Megan Bayntun ltMeganBayntundsdmipqldgovaugtCc Anthony Martini ltAnthonyMartinimoretonbayqldgovaugtSubject MBRC Planning Scheme Amendment Meeting 13062018 Graeme Kerry and Megan Thank you for your time yesterday Tony and I found the meeting most useful As discussed and agreed in principle
1 Council would document a series of proposed changes to the existing Planning SchemeAmendment that responds to the States direction to remove reference to the CIA andassociated service area non-service area concepts (see attached)
2 Subject to an iterative process between the State and council this information would thenform the basis of a conditional approval of the current major scheme amendment amp
3 The existing amendment would then be finalised by way of a conditional approval consistentwith points 1 and 2 above ASAP
Please find attached a first draft table outlining what are considered to be the necessary changesto the current amendment We would welcome your thoughts on this so that we can continue todevelop its contents with you I note you indicated that for this approach to be utilised you would need to be comfortable thatthe type of changes proposed did not constitute a substantial change As a consequence we haveincluded a column (Substantial change) that includes our appraisal of each proposed change Againwe would welcome your thoughts on this matter also It would be good to progress this matter ASAP In doing so it would be appreciated if you couldadvise when you consider you may be able to provide a response to these initial draftrepresentations In the interim should you require anything further please let me know Regards Stewart PentlandDirectorPlanning and Economic DevelopmentMoreton Bay Regional Council2 Hasking Street Caboolture Qld 4510P 07 5433 2023M Email stewartpentlandmoretonbayqldgovauwwwmoretonbayqldgovau
RTI1819-035-DSDMIP - Page 33 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in this e-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are not anamed recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legalprivilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete all copiesimmediately and contact the sender to advise of the errorIt is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liability forloss or damage arising directly or indirectly from opening this email opening any attachments or any communication errorsThe views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 34 of 55
Summary of Proposed Planning Scheme Amendment
MBRC policy end Current MBRC Planning Scheme
Advertised Proposed Planning Scheme
Amendment
Amended Proposed Planning Scheme
Amendment
Other necessary changes to achieve MBRC policy end
Substantial change
Warner growth area - o Enable conversion of existing
industryrural residential to transition to residential outcomes
o Conversion consistent with the SEQ Regional Plan identification of Warner for growth
Industry zone and rural residential surrounded by existing residential and main roads Preliminary approval (Variation) would involve - Impact assessment - Major non-compliance with the
assessment benchmarks
- Zone change to Emerging
Community - Overlay map - Structure
planned area - Level of assessment - Service Area - RAL Code
assessment No Service Area - RAL
Impact assessment
Changes - Delete reference to CIA - Delete reference to service area
non service area Result - No change to Overlay map -
Structure planned area - Level of Assessment - RAL
Code assessment
Strengthening of assessment benchmarks required in the Emerging Community Zone Code andor RAL Code - Emerging Community Zone to assist code assessment
No Maintain overlay map as advertised maintain Level of Assessment remove reference to CIA and remove reference to Service Area and Non-Service Area
Caboolture West growth area - (Area 1) - o Enable Area 1 to proceed to
development including residential and local centre
o Consistent with the SEQ Regional Planrsquos identification of Caboolture West as an expansion area
Preliminary approval (Variation) would involve - Impact assessment - Major non-compliance with the
assessment benchmarks without a Neighhourhood Development Plan for Area 1
- Area 1 - Overlay map -
Structure planned area - Level of assessment Service Area - RAL Code
assessment Non Service Area - RAL
Impact assessment
Changes - Delete reference to CIA - Delete reference to service area
non service area Result - No change to Overlay map -
Structure planned area - Level of assessment - RAL Code
assessment for SPA1
Strengthening of assessment benchmarks required in the Local Plan Zone Code andor RAL Code - Emerging Community Zone to assist code assessment
No Maintain overlay map as advertised maintain Level of Assessment remove reference to CIA remove reference to Service Area and Non-Service Area
Caboolture West growth area - (Balance of Caboolture West) - o Enable subsequent stages to
be structure planned and released through future scheme amendments
Preliminary approval (Variation) would involve - Impact assessment - Major non-compliance with the
assessment benchmarks without a Neighhourhood Development Plan for the relevant area
- Overlay map - Future Structure
plan area - Level of assessment - Impact assessment
Changes - Delete reference to CIA - Delete reference to service area
non service area Result - No change to Overlay map -
Future Structure plan area - Level of assessment - Impact
assessment
Revisit strategic framework to delete CIA and ensure strategic outcomes accurately reflect the future timing of these fronts
No Maintain overlay map as advertised remove reference to CIA Minor change to the strategic framework
Other growth areas to be structure planned and held subject to planning infrastructure requirements and financial obligations being determined o Morayfield o Burpengary east o Narangba east o Joyner
RAL application would involve - Code assessment - Major non-compliance with the
assessment benchmarks in the absence of integrated land use and infrastructure planning
MCU application would involve impact assessment
- Overlay Map - Future structure
planned area - Level of assessment - RAL
Impact assessment - Major non-compliance with the
assessment benchmarks in the absence of integrated land use and infrastructure planning including the strategic outcomes
Changes - Delete references to CIA in the
strategic framework - Delete references to service
area non service area Result - No change to Overlay map -
Future structure planned area
Revisit strategic framework to delete CIA and ensure strategic outcomes accurately reflect the future timing of these fronts
No Maintain overlay map as advertised maintain Level of Assessment and remove reference to CIA
RTI1819-035-DSDMIP - Page 35 of 55
MBRC policy end Current MBRC Planning
Scheme Advertised Proposed
Planning Scheme Amendment
Amended Proposed Planning Scheme
Amendment
Other necessary changes to achieve MBRC policy end
Substantial change
- No change to Level of assessment - RAL Impact assessment
Balance of Proposed Planning Scheme Amendment
Not applicable
Changes proposed (carports setbacks sheds etc)
No further changes to the proposed Planning Scheme Amendment as provided post consultation
Not applicable
Not applicable
RTI1819-035-DSDMIP - Page 36 of 55
From Graeme BoltonTo Stewart Pentland Kerry Doss Megan BayntunCc Anthony MartiniSubject RE MBRC Planning Scheme Amendment Meeting 13062018Date Monday 18 June 2018 82200 AMAttachments image001png
image002jpg
Hi Stewart Thank you for providing the attached table and below information As per Kerryrsquos email we willreview and respond as soon as possible Regards Graeme
Graeme BoltonExecutive Director Planning and Development ServicesPlanning GroupDepartment of State Development Manufacturing Infrastructure and Planning---------------------------------------------------------------------------------------------------------------------------------------------
P 07 3452 6741 MLevel 13 1 William Street Brisbane QLD 4000PO Box 15009 City East QLD 4002wwwdsdmipqldgovau
From Stewart Pentland [mailtoStewartPentlandmoretonbayqldgovau] Sent Thursday 14 June 2018 1234 PMTo Kerry Doss ltKerryDossdsdmipqldgovaugt Graeme BoltonltGraemeBoltondsdmipqldgovaugt Megan Bayntun ltMeganBayntundsdmipqldgovaugtCc Anthony Martini ltAnthonyMartinimoretonbayqldgovaugtSubject MBRC Planning Scheme Amendment Meeting 13062018 Graeme Kerry and Megan Thank you for your time yesterday Tony and I found the meeting most useful As discussed and agreed in principle
1 Council would document a series of proposed changes to the existing Planning SchemeAmendment that responds to the States direction to remove reference to the CIA andassociated service area non-service area concepts (see attached)
2 Subject to an iterative process between the State and council this information would thenform the basis of a conditional approval of the current major scheme amendment amp
3 The existing amendment would then be finalised by way of a conditional approval consistentwith points 1 and 2 above ASAP
RTI1819-035-DSDMIP - Page 37 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
Please find attached a first draft table outlining what are considered to be the necessary changesto the current amendment We would welcome your thoughts on this so that we can continue todevelop its contents with you I note you indicated that for this approach to be utilised you would need to be comfortable thatthe type of changes proposed did not constitute a substantial change As a consequence we haveincluded a column (Substantial change) that includes our appraisal of each proposed change Againwe would welcome your thoughts on this matter also It would be good to progress this matter ASAP In doing so it would be appreciated if you couldadvise when you consider you may be able to provide a response to these initial draftrepresentations In the interim should you require anything further please let me know Regards Stewart PentlandDirectorPlanning and Economic DevelopmentMoreton Bay Regional Council2 Hasking Street Caboolture Qld 4510P 07 5433 2023M Email stewartpentlandmoretonbayqldgovauwwwmoretonbayqldgovau CCR3_email_signhr
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in this e-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are not anamed recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legalprivilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete all copiesimmediately and contact the sender to advise of the errorIt is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liability forloss or damage arising directly or indirectly from opening this email opening any attachments or any communication errorsThe views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 38 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
From Graeme BoltonTo Anthony MartiniCc Ann Abbott Stewart Pentland Kerry DossSubject RE Moreton Bay Regional Council - Amendment to Planning Scheme ProgressDate Tuesday 10 July 2018 65800 PMAttachments image001png
Good afternoon Tony Thank you for your email below I do apologise for not being able to take your call I was in ameeting and then subsequently on a teleconference when you phoned As discussed last week we met with DTMR officers who agreed to provide us with additionalinformation by tomorrow We greatly appreciate the councilrsquos willingness to work with the department to find a wayforward However given the complexity of the amendments it is not as easy as you portray tohave ldquoremoved the CIA and the servicenon service area referencesrdquo All we have at this point intime is a high level table with expressed intent To give effect to this intent involves significantchanges to the proposed amendment and carries a very high risk of unintended consequencesfor the operation of the planning scheme and potential lawfulness of the amendment I amextremely concerned about agreeing to something now only to find out after the Minister hasconditionally approved the amendment that the expressed intent cannot be delivered We are endeavouring to find a solution I will advise further once we have received theadditional information from DTMR Regards Graeme
Graeme BoltonExecutive Director Planning and Development ServicesPlanning GroupDepartment of State Development Manufacturing Infrastructure and Planning--------------------------------------------------------------- ---------------------------
P 07 3452 6741 MLevel 13 1 William Street Brisbane QLD 4000PO Box 15009 City East QLD 4002wwwdsdmipqldgovau
From Anthony Martini [mailtoAnthonyMartinimoretonbayqldgovau] Sent Tuesday 10 July 2018 108 PMTo Graeme Bolton ltGraemeBoltondsdmipqldgovaugtCc Ann Abbott ltAnnAbbottmoretonbayqldgovaugt Stewart PentlandltStewartPentlandmoretonbayqldgovaugt Kerry Doss ltKerryDossdsdmipqldgovaugtSubject Moreton Bay Regional Council - Amendment to Planning Scheme Progress
RTI1819-035-DSDMIP - Page 39 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
Hi Graeme Appreciate that you are busy however I have endeavoured to make contact with you over thepast few days for the purposes of understanding where we are at with regards to receiving apartial or full draft condition set to the amendment to the planning scheme It is nearly 4 weeks since we first met at which meeting MBRC offered to remove the CIA andservice areas non service areas from the amendment and provided shortly thereafter a tablesummary of these changes for further discussion and guidance for the State and MBRC to workthrough You have advised that these changes are agreed in principle You have also advised that thechanges need to be worked through I am in a position where I need some information from you as to what is occurring and when toprovide to the CEO and Mayor From MBRCrsquos perspective we have undertaken all that has beenasked of MBRC - removed the CIA and the servicenon service area references Is there anythingelse which MBRC needs to consider I await your advice Thanks Tony
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in thise-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are nota named recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legalprivilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete allcopies immediately and contact the sender to advise of the errorIt is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liabilityfor loss or damage arising directly or indirectly from opening this email opening any attachments or any communication errorsThe views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 40 of 55
From Graeme BoltonTo Anthony MartiniCc Stewart Pentland Kerry Doss Garth NolanSubject RE Update on draft conditionsDate Thursday 5 July 2018 30400 PMAttachments image001png
image002png
Hi Tony I appreciate your concerns and we are progressing this as fast as possible As you can alsohopefully appreciate the amendment in its own right is a very large and complex document Thechanges being proposed are not unsubstantial and have multiple unintended consequencesmany of which have the potential to adversely affect matters of state interest As such we aretrying to resolve these to an acceptable level (for the state) before sharing these with you I will forward these to you as soon as possible Regards Graeme
Graeme BoltonExecutive Director Planning and Development ServicesPlanning GroupDepartment of State Development Manufacturing Infrastructure and Planning---------------------------------------------------------------------------------------------------------------------------------------------
P 07 3452 6741 MLevel 13 1 William Street Brisbane QLD 4000PO Box 15009 City East QLD 4002wwwdsdmipqldgovau
From Anthony Martini [mailtoAnthonyMartinimoretonbayqldgovau] Sent Tuesday 3 July 2018 543 PMTo Graeme Bolton ltGraemeBoltondsdmipqldgovaugtCc Stewart Pentland ltStewartPentlandmoretonbayqldgovaugt Kerry DossltKerryDossdsdmipqldgovaugt Garth Nolan ltGarthNolandsdmipqldgovaugtSubject RE Update on draft conditions Hi Graeme Thank you for the update It would be good to catch up sooner rather than later as it is fast approaching 3 weeks since ourinitial meeting I can advise that the Mayor sought advice from me as to where the amendmentwas at - as I had advised him 10 days ago that a draft set was to be available with a day or so As discussed our preference is to collaboratively work on the content of the draft conditions Itwould be appreciated if you could send through the balance of the approval and conditions now
RTI1819-035-DSDMIP - Page 41 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
this will enable us to get the process moving Thanks Tony
From Graeme Bolton [mailtoGraemeBoltondsdmipqldgovau] Sent Tuesday 3 July 2018 307 PMTo Anthony Martini ltAnthonyMartinimoretonbayqldgovaugtCc Stewart Pentland ltStewartPentlandmoretonbayqldgovaugt Kerry DossltKerryDossdsdmipqldgovaugt Garth Nolan ltGarthNolandsdmipqldgovaugtSubject Update on draft conditions Hi Tony As previously advised I met with senior officers from DTMR today to discuss some concernstheyrsquove raised in respect to conditioning the proposed amendment I believe we have a wayforward and DTMR are working on a couple of options as a matter of priority I am expecting tohave something back from DTMR mid next week We will continue to work closely with them totry and get something out sooner As previously discussed we will share the draft conditions once we are satisfied with them Wewould be happy to work with you to ensure they are workable from councilrsquos perspective Regards Graeme
Graeme BoltonExecutive Director Planning and Development ServicesPlanning GroupDepartment of State Development Manufacturing Infrastructure and Planning---------------------------------------------------------------- -------------------------------
P 07 3452 6741 MLevel 13 1 William Street Brisbane QLD 4000PO Box 15009 City East QLD 4002wwwdsdmipqldgovau
This email and any attachments may contain confidential or privileged information and may be protected by copyright Youmust not use or disclose them other than for the purposes for which they were supplied The confidentiality and privilegeattached to this message and attachment is not waived by reason of mistaken delivery to you If you are not the intendedrecipient you must not use disclose retain forward or reproduce this message or any attachments If you receive thismessage in error please notify the sender by return email or telephone and destroy and delete all copies The Departmentdoes not accept any responsibility for any loss or damage that may result from reliance on or use of any informationcontained in this email andor attachments
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in this
e-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are not
RTI1819-035-DSDMIP - Page 42 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
a named recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legal
privilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete all
copies immediately and contact the sender to advise of the error
It is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liability
for loss or damage arising directly or indirectly from opening this email opening any attachments or any communication errors
The views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 43 of 55
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Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
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Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
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Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
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It would be good to progress this matter ASAP In doing so it would be appreciated if you couldadvise when you consider you may be able to provide a response to these initial draftrepresentations In the interim should you require anything further please let me know Regards Stewart PentlandDirectorPlanning and Economic DevelopmentMoreton Bay Regional Council2 Hasking Street Caboolture Qld 4510P 07 5433 2023MEmail stewartpentlandmoretonbayqldgovauwwwmoretonbayqldgovau
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in this e-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are not anamed recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legalprivilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete all copiesimmediately and contact the sender to advise of the errorIt is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liability forloss or damage arising directly or indirectly from opening this email opening any attachments or any communication errorsThe views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
This email and any attachments may contain confidential or privileged information and may be protected by copyright Youmust not use or disclose them other than for the purposes for which they were supplied The confidentiality and privilegeattached to this message and attachment is not waived by reason of mistaken delivery to you If you are not the intendedrecipient you must not use disclose retain forward or reproduce this message or any attachments If you receive this messagein error please notify the sender by return email or telephone and destroy and delete all copies The Department does notaccept any responsibility for any loss or damage that may result from reliance on or use of any information contained in thisemail andor attachments
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in this e-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are not anamed recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legalprivilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete all copiesimmediately and contact the sender to advise of the errorIt is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liability forloss or damage arising directly or indirectly from opening this email opening any attachments or any communication errorsThe views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 25 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
From Anthony MartiniTo Graeme BoltonCc Ann Abbott Stewart Pentland Kerry DossSubject RE Moreton Bay Regional Council - Amendment to Planning Scheme ProgressDate Wednesday 11 July 2018 114220 AMAttachments image002png
Thank you for your e-mail Graeme I look forward to your further advices re this matter My reference to timing was based upon advice provided 2 weeks ago at a meeting betweenMBRC and the State that MBRC was to receive a draft condition set the following day Thanks Tony
From Graeme Bolton [mailtoGraemeBoltondsdmipqldgovau] Sent Tuesday 10 July 2018 658 PMTo Anthony Martini ltAnthonyMartinimoretonbayqldgovaugtCc Ann Abbott ltAnnAbbottmoretonbayqldgovaugt Stewart PentlandltStewartPentlandmoretonbayqldgovaugt Kerry Doss ltKerryDossdsdmipqldgovaugtSubject RE Moreton Bay Regional Council - Amendment to Planning Scheme Progress Good afternoon Tony Thank you for your email below I do apologise for not being able to take your call I was in ameeting and then subsequently on a teleconference when you phoned As discussed last week we met with DTMR officers who agreed to provide us with additionalinformation by tomorrow We greatly appreciate the councilrsquos willingness to work with the department to find a wayforward However given the complexity of the amendments it is not as easy as you portray tohave ldquoremoved the CIA and the servicenon service area referencesrdquo All we have at this point intime is a high level table with expressed intent To give effect to this intent involves significantchanges to the proposed amendment and carries a very high risk of unintended consequencesfor the operation of the planning scheme and potential lawfulness of the amendment I amextremely concerned about agreeing to something now only to find out after the Minister hasconditionally approved the amendment that the expressed intent cannot be delivered We are endeavouring to find a solution I will advise further once we have received theadditional information from DTMR Regards Graeme
RTI1819-035-DSDMIP - Page 26 of 55
Graeme BoltonExecutive Director Planning and Development ServicesPlanning GroupDepartment of State Development Manufacturing Infrastructure and Planning---------------------------------------------------------------------------------------------------------------------------------------------
P 07 3452 6741 MLevel 13 1 William Street Brisbane QLD 4000PO Box 15009 City East QLD 4002wwwdsdmipqldgovau
From Anthony Martini [mailtoAnthonyMartinimoretonbayqldgovau] Sent Tuesday 10 July 2018 108 PMTo Graeme Bolton ltGraemeBoltondsdmipqldgovaugtCc Ann Abbott ltAnnAbbottmoretonbayqldgovaugt Stewart PentlandltStewartPentlandmoretonbayqldgovaugt Kerry Doss ltKerryDossdsdmipqldgovaugtSubject Moreton Bay Regional Council - Amendment to Planning Scheme Progress Hi Graeme Appreciate that you are busy however I have endeavoured to make contact with you over thepast few days for the purposes of understanding where we are at with regards to receiving apartial or full draft condition set to the amendment to the planning scheme It is nearly 4 weeks since we first met at which meeting MBRC offered to remove the CIA andservice areas non service areas from the amendment and provided shortly thereafter a tablesummary of these changes for further discussion and guidance for the State and MBRC to workthrough You have advised that these changes are agreed in principle You have also advised that thechanges need to be worked through I am in a position where I need some information from you as to what is occurring and when toprovide to the CEO and Mayor From MBRCrsquos perspective we have undertaken all that has beenasked of MBRC - removed the CIA and the servicenon service area references Is there anythingelse which MBRC needs to consider I await your advice Thanks Tony
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in thise-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are not
RTI1819-035-DSDMIP - Page 27 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
a named recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legalprivilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete allcopies immediately and contact the sender to advise of the errorIt is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liabilityfor loss or damage arising directly or indirectly from opening this email opening any attachments or any communication errorsThe views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
This email and any attachments may contain confidential or privileged information and may be protected by copyright Youmust not use or disclose them other than for the purposes for which they were supplied The confidentiality and privilegeattached to this message and attachment is not waived by reason of mistaken delivery to you If you are not the intendedrecipient you must not use disclose retain forward or reproduce this message or any attachments If you receive thismessage in error please notify the sender by return email or telephone and destroy and delete all copies The Departmentdoes not accept any responsibility for any loss or damage that may result from reliance on or use of any informationcontained in this email andor attachments
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in thise-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are nota named recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legalprivilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete allcopies immediately and contact the sender to advise of the errorIt is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liabilityfor loss or damage arising directly or indirectly from opening this email opening any attachments or any communication errorsThe views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 28 of 55
1
Anne Wood
Subject Discussion regarding DILGPs position and proposed changes to MBRC - Major Amendment 2Location ltlt1 William Street (1WS) - 36 Floor - Meet 3614gtgt
Organizer Cindy WaltonRequired AttendeesCindy Walton Barbara Ryan Christine ONeill kateislesmoretonbayqldgovau
stewartpentlandmoretonbayqldgovau Graeme Bolton Tess PickeringOptional AttendeesBen Caldwell Ian Wright
Booking Confirmation Your room booking has been accepted with the following booking confirmation details below Building 1 William Street (1WS) Floor 36 Room Meet 3614 Room Setup Meeting Room Info Number Attending 12 Date 12 May 2017 From 1100AM To 1230PM Booked By Cindy Walton Host Cindy Walton Booking ID148766 To Join the meeting please dial sip+61730272906qgaaadqldgovau Notes Recurrence Dates Note 1 If you have booked conferencing resources please cut and paste above meeting details to the Outlook meeting invitation and send update 2 For an audio connection users dial the number only 3 For video (Skype) connections users dial the full address
Organizer Anthony MartiniResources Room - Strathpine Room 2A
Good morning The venue for this meeting is Councilrsquos Strathpine office at 220 Gympie Road Strathpine Entrance to the office is via Customer Service in Hall Street where parking is available on street Upon arrival at customer service you will be asked to complete visitor paperwork and then escorted to meeting room 2A Should you have any queries regarding this meeting request please contact me as below Kind regards Ann Abbott Operations Coordinator Engineering Construction amp Maintenance Moreton Bay Regional Council Stage 3 220 Gympie Road Strathpine P 07 3480 6233 E annabbottmoretonbayqldgovau
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in this e-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are not a named recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legal privilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete all copies immediately and contact the sender to advise of the error It is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liability for loss or damage arising directly or indirectly from opening this email opening any attachments or any communication errors The views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 30 of 55
1
Anne Wood
Subject MBRC Location 1 William St Level 12 Room 1214
Shortly you will receive an email invite to enter 1 William st with instructions on what you will need to provide to
Concierge
I will meet your party in the foyer once you have signed in
Kind regards
Anne
Anne Wood AExecutive Assistant Planning and Development Services | Brisbane Department of State Development Manufacturing Infrastructure and Planning Level 13 1 William St Brisbane QLD 4000 p 07 3452 7115 | e annewooddilgpqldgovau
RTI1819-035-DSDMIP - Page 31 of 55
From Graeme BoltonTo Anthony MartiniCc Stewart Pentland Kerry Doss Megan BayntunSubject RE MBRC Planning Scheme Amendment Meeting 13062018Date Friday 22 June 2018 64200 PMAttachments image001png
Dear Tony Please accept my apologies for not being able to get back to you earlier today As indicated in mymessage I was unexpectedly tied up all afternoon in an emergent and urgent issue I have reviewed the provided table and support in principle the matters identified in column fourIn respect to the matters identified in column five I can understand and again support in theprinciple the need for additional changes However the extent of changes will need to satisfy thesignificantly different test This is something that the department and Minister cannot resolvefrom This may mean that the desired changes may need to be tempered with what can besupported at this point in time and further decisions made by the council in respect to the riskprofile and whether or not to proceed with particular elements In addition to the above we have examined a couple of mechanisms that may be open to theMinister in deciding the proposed amendment In short we are exploring (a) the ability to partrefuse and part approve subject to conditions or (b) to solely condition The key consideration isto ensure whatever recommendation is made to the Minister the eventual decision can withstandclose scrutiny In both options given the volume of changes we would be also recommending tothe Minister a closing condition that requires the council to submit the changed amendment forendorsement by the Chief Executive prior to adoption by the council Finally as discussed at our last meeting through the second state interest review the Departmentof Environment and Science (DES) identified concerns in relation to koala habitat and the WarnerInvestigation Area structure plan I have been chasing (and have not yet received) additionalinformation and mapping from DES in relation to this At this point in time we would be looking toinclude a condition addresses the protection of the remaining koala habitat I am hoping to getgreater clarity and certainty on this (in terms of scale and location) in the coming days I will give you a call on Monday to discuss Please do not hesitate to contact me in the interimshould you have questions or concerns Regards Graeme
Graeme BoltonExecutive Director Planning and Development ServicesPlanning GroupDepartment of State Development Manufacturing Infrastructure and Planning---------------------------------------------------------------------------------------------------------------------------------------------
P 07 3452 6741 MLevel 13 1 William Street Brisbane QLD 4000
RTI1819-035-DSDMIP - Page 32 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
Summary of Proposed Planning Scheme Amendment
MBRC policy end Current MBRC Planning Scheme
Advertised Proposed Planning Scheme
Amendment
Amended Proposed Planning Scheme
Amendment
Other necessary changes to achieve MBRC policy end
Substantial change
Warner growth area - o Enable conversion of existing
industryrural residential to transition to residential outcomes
o Conversion consistent with the SEQ Regional Plan identification of Warner for growth
Industry zone and rural residential surrounded by existing residential and main roads Preliminary approval (Variation) would involve - Impact assessment - Major non-compliance with the
assessment benchmarks
- Zone change to Emerging
Community - Overlay map - Structure
planned area - Level of assessment - Service Area - RAL Code
assessment No Service Area - RAL
Impact assessment
Changes - Delete reference to CIA - Delete reference to service area
non service area Result - No change to Overlay map -
Structure planned area - Level of Assessment - RAL
Code assessment
Strengthening of assessment benchmarks required in the Emerging Community Zone Code andor RAL Code - Emerging Community Zone to assist code assessment
No Maintain overlay map as advertised maintain Level of Assessment remove reference to CIA and remove reference to Service Area and Non-Service Area
Caboolture West growth area - (Area 1) - o Enable Area 1 to proceed to
development including residential and local centre
o Consistent with the SEQ Regional Planrsquos identification of Caboolture West as an expansion area
Preliminary approval (Variation) would involve - Impact assessment - Major non-compliance with the
assessment benchmarks without a Neighhourhood Development Plan for Area 1
- Area 1 - Overlay map -
Structure planned area - Level of assessment Service Area - RAL Code
assessment Non Service Area - RAL
Impact assessment
Changes - Delete reference to CIA - Delete reference to service area
non service area Result - No change to Overlay map -
Structure planned area - Level of assessment - RAL Code
assessment for SPA1
Strengthening of assessment benchmarks required in the Local Plan Zone Code andor RAL Code - Emerging Community Zone to assist code assessment
No Maintain overlay map as advertised maintain Level of Assessment remove reference to CIA remove reference to Service Area and Non-Service Area
Caboolture West growth area - (Balance of Caboolture West) - o Enable subsequent stages to
be structure planned and released through future scheme amendments
Preliminary approval (Variation) would involve - Impact assessment - Major non-compliance with the
assessment benchmarks without a Neighhourhood Development Plan for the relevant area
- Overlay map - Future Structure
plan area - Level of assessment - Impact assessment
Changes - Delete reference to CIA - Delete reference to service area
non service area Result - No change to Overlay map -
Future Structure plan area - Level of assessment - Impact
assessment
Revisit strategic framework to delete CIA and ensure strategic outcomes accurately reflect the future timing of these fronts
No Maintain overlay map as advertised remove reference to CIA Minor change to the strategic framework
Other growth areas to be structure planned and held subject to planning infrastructure requirements and financial obligations being determined o Morayfield o Burpengary east o Narangba east o Joyner
RAL application would involve - Code assessment - Major non-compliance with the
assessment benchmarks in the absence of integrated land use and infrastructure planning
MCU application would involve impact assessment
- Overlay Map - Future structure
planned area - Level of assessment - RAL
Impact assessment - Major non-compliance with the
assessment benchmarks in the absence of integrated land use and infrastructure planning including the strategic outcomes
Changes - Delete references to CIA in the
strategic framework - Delete references to service
area non service area Result - No change to Overlay map -
Future structure planned area
Revisit strategic framework to delete CIA and ensure strategic outcomes accurately reflect the future timing of these fronts
No Maintain overlay map as advertised maintain Level of Assessment and remove reference to CIA
MBRC policy end Current MBRC Planning
Scheme Advertised Proposed
Planning Scheme Amendment
Amended Proposed Planning Scheme
Amendment
Other necessary changes to achieve MBRC policy end
Substantial change
- No change to Level of assessment - RAL Impact assessment
Balance of Proposed Planning Scheme Amendment
Not applicable
Changes proposed (carports setbacks sheds etc)
No further changes to the proposed Planning Scheme Amendment as provided post consultation
Not applicable
Not applicable
PO Box 15009 City East QLD 4002wwwdsdmipqldgovau
From Stewart Pentland [mailtoStewartPentlandmoretonbayqldgovau] Sent Thursday 14 June 2018 1234 PMTo Kerry Doss ltKerryDossdsdmipqldgovaugt Graeme BoltonltGraemeBoltondsdmipqldgovaugt Megan Bayntun ltMeganBayntundsdmipqldgovaugtCc Anthony Martini ltAnthonyMartinimoretonbayqldgovaugtSubject MBRC Planning Scheme Amendment Meeting 13062018 Graeme Kerry and Megan Thank you for your time yesterday Tony and I found the meeting most useful As discussed and agreed in principle
1 Council would document a series of proposed changes to the existing Planning SchemeAmendment that responds to the States direction to remove reference to the CIA andassociated service area non-service area concepts (see attached)
2 Subject to an iterative process between the State and council this information would thenform the basis of a conditional approval of the current major scheme amendment amp
3 The existing amendment would then be finalised by way of a conditional approval consistentwith points 1 and 2 above ASAP
Please find attached a first draft table outlining what are considered to be the necessary changesto the current amendment We would welcome your thoughts on this so that we can continue todevelop its contents with you I note you indicated that for this approach to be utilised you would need to be comfortable thatthe type of changes proposed did not constitute a substantial change As a consequence we haveincluded a column (Substantial change) that includes our appraisal of each proposed change Againwe would welcome your thoughts on this matter also It would be good to progress this matter ASAP In doing so it would be appreciated if you couldadvise when you consider you may be able to provide a response to these initial draftrepresentations In the interim should you require anything further please let me know Regards Stewart PentlandDirectorPlanning and Economic DevelopmentMoreton Bay Regional Council2 Hasking Street Caboolture Qld 4510P 07 5433 2023M Email stewartpentlandmoretonbayqldgovauwwwmoretonbayqldgovau
RTI1819-035-DSDMIP - Page 33 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in this e-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are not anamed recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legalprivilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete all copiesimmediately and contact the sender to advise of the errorIt is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liability forloss or damage arising directly or indirectly from opening this email opening any attachments or any communication errorsThe views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 34 of 55
Summary of Proposed Planning Scheme Amendment
MBRC policy end Current MBRC Planning Scheme
Advertised Proposed Planning Scheme
Amendment
Amended Proposed Planning Scheme
Amendment
Other necessary changes to achieve MBRC policy end
Substantial change
Warner growth area - o Enable conversion of existing
industryrural residential to transition to residential outcomes
o Conversion consistent with the SEQ Regional Plan identification of Warner for growth
Industry zone and rural residential surrounded by existing residential and main roads Preliminary approval (Variation) would involve - Impact assessment - Major non-compliance with the
assessment benchmarks
- Zone change to Emerging
Community - Overlay map - Structure
planned area - Level of assessment - Service Area - RAL Code
assessment No Service Area - RAL
Impact assessment
Changes - Delete reference to CIA - Delete reference to service area
non service area Result - No change to Overlay map -
Structure planned area - Level of Assessment - RAL
Code assessment
Strengthening of assessment benchmarks required in the Emerging Community Zone Code andor RAL Code - Emerging Community Zone to assist code assessment
No Maintain overlay map as advertised maintain Level of Assessment remove reference to CIA and remove reference to Service Area and Non-Service Area
Caboolture West growth area - (Area 1) - o Enable Area 1 to proceed to
development including residential and local centre
o Consistent with the SEQ Regional Planrsquos identification of Caboolture West as an expansion area
Preliminary approval (Variation) would involve - Impact assessment - Major non-compliance with the
assessment benchmarks without a Neighhourhood Development Plan for Area 1
- Area 1 - Overlay map -
Structure planned area - Level of assessment Service Area - RAL Code
assessment Non Service Area - RAL
Impact assessment
Changes - Delete reference to CIA - Delete reference to service area
non service area Result - No change to Overlay map -
Structure planned area - Level of assessment - RAL Code
assessment for SPA1
Strengthening of assessment benchmarks required in the Local Plan Zone Code andor RAL Code - Emerging Community Zone to assist code assessment
No Maintain overlay map as advertised maintain Level of Assessment remove reference to CIA remove reference to Service Area and Non-Service Area
Caboolture West growth area - (Balance of Caboolture West) - o Enable subsequent stages to
be structure planned and released through future scheme amendments
Preliminary approval (Variation) would involve - Impact assessment - Major non-compliance with the
assessment benchmarks without a Neighhourhood Development Plan for the relevant area
- Overlay map - Future Structure
plan area - Level of assessment - Impact assessment
Changes - Delete reference to CIA - Delete reference to service area
non service area Result - No change to Overlay map -
Future Structure plan area - Level of assessment - Impact
assessment
Revisit strategic framework to delete CIA and ensure strategic outcomes accurately reflect the future timing of these fronts
No Maintain overlay map as advertised remove reference to CIA Minor change to the strategic framework
Other growth areas to be structure planned and held subject to planning infrastructure requirements and financial obligations being determined o Morayfield o Burpengary east o Narangba east o Joyner
RAL application would involve - Code assessment - Major non-compliance with the
assessment benchmarks in the absence of integrated land use and infrastructure planning
MCU application would involve impact assessment
- Overlay Map - Future structure
planned area - Level of assessment - RAL
Impact assessment - Major non-compliance with the
assessment benchmarks in the absence of integrated land use and infrastructure planning including the strategic outcomes
Changes - Delete references to CIA in the
strategic framework - Delete references to service
area non service area Result - No change to Overlay map -
Future structure planned area
Revisit strategic framework to delete CIA and ensure strategic outcomes accurately reflect the future timing of these fronts
No Maintain overlay map as advertised maintain Level of Assessment and remove reference to CIA
RTI1819-035-DSDMIP - Page 35 of 55
MBRC policy end Current MBRC Planning
Scheme Advertised Proposed
Planning Scheme Amendment
Amended Proposed Planning Scheme
Amendment
Other necessary changes to achieve MBRC policy end
Substantial change
- No change to Level of assessment - RAL Impact assessment
Balance of Proposed Planning Scheme Amendment
Not applicable
Changes proposed (carports setbacks sheds etc)
No further changes to the proposed Planning Scheme Amendment as provided post consultation
Not applicable
Not applicable
RTI1819-035-DSDMIP - Page 36 of 55
From Graeme BoltonTo Stewart Pentland Kerry Doss Megan BayntunCc Anthony MartiniSubject RE MBRC Planning Scheme Amendment Meeting 13062018Date Monday 18 June 2018 82200 AMAttachments image001png
image002jpg
Hi Stewart Thank you for providing the attached table and below information As per Kerryrsquos email we willreview and respond as soon as possible Regards Graeme
Graeme BoltonExecutive Director Planning and Development ServicesPlanning GroupDepartment of State Development Manufacturing Infrastructure and Planning---------------------------------------------------------------------------------------------------------------------------------------------
P 07 3452 6741 MLevel 13 1 William Street Brisbane QLD 4000PO Box 15009 City East QLD 4002wwwdsdmipqldgovau
From Stewart Pentland [mailtoStewartPentlandmoretonbayqldgovau] Sent Thursday 14 June 2018 1234 PMTo Kerry Doss ltKerryDossdsdmipqldgovaugt Graeme BoltonltGraemeBoltondsdmipqldgovaugt Megan Bayntun ltMeganBayntundsdmipqldgovaugtCc Anthony Martini ltAnthonyMartinimoretonbayqldgovaugtSubject MBRC Planning Scheme Amendment Meeting 13062018 Graeme Kerry and Megan Thank you for your time yesterday Tony and I found the meeting most useful As discussed and agreed in principle
1 Council would document a series of proposed changes to the existing Planning SchemeAmendment that responds to the States direction to remove reference to the CIA andassociated service area non-service area concepts (see attached)
2 Subject to an iterative process between the State and council this information would thenform the basis of a conditional approval of the current major scheme amendment amp
3 The existing amendment would then be finalised by way of a conditional approval consistentwith points 1 and 2 above ASAP
RTI1819-035-DSDMIP - Page 37 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
Please find attached a first draft table outlining what are considered to be the necessary changesto the current amendment We would welcome your thoughts on this so that we can continue todevelop its contents with you I note you indicated that for this approach to be utilised you would need to be comfortable thatthe type of changes proposed did not constitute a substantial change As a consequence we haveincluded a column (Substantial change) that includes our appraisal of each proposed change Againwe would welcome your thoughts on this matter also It would be good to progress this matter ASAP In doing so it would be appreciated if you couldadvise when you consider you may be able to provide a response to these initial draftrepresentations In the interim should you require anything further please let me know Regards Stewart PentlandDirectorPlanning and Economic DevelopmentMoreton Bay Regional Council2 Hasking Street Caboolture Qld 4510P 07 5433 2023M Email stewartpentlandmoretonbayqldgovauwwwmoretonbayqldgovau CCR3_email_signhr
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in this e-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are not anamed recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legalprivilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete all copiesimmediately and contact the sender to advise of the errorIt is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liability forloss or damage arising directly or indirectly from opening this email opening any attachments or any communication errorsThe views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 38 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
From Graeme BoltonTo Anthony MartiniCc Ann Abbott Stewart Pentland Kerry DossSubject RE Moreton Bay Regional Council - Amendment to Planning Scheme ProgressDate Tuesday 10 July 2018 65800 PMAttachments image001png
Good afternoon Tony Thank you for your email below I do apologise for not being able to take your call I was in ameeting and then subsequently on a teleconference when you phoned As discussed last week we met with DTMR officers who agreed to provide us with additionalinformation by tomorrow We greatly appreciate the councilrsquos willingness to work with the department to find a wayforward However given the complexity of the amendments it is not as easy as you portray tohave ldquoremoved the CIA and the servicenon service area referencesrdquo All we have at this point intime is a high level table with expressed intent To give effect to this intent involves significantchanges to the proposed amendment and carries a very high risk of unintended consequencesfor the operation of the planning scheme and potential lawfulness of the amendment I amextremely concerned about agreeing to something now only to find out after the Minister hasconditionally approved the amendment that the expressed intent cannot be delivered We are endeavouring to find a solution I will advise further once we have received theadditional information from DTMR Regards Graeme
Graeme BoltonExecutive Director Planning and Development ServicesPlanning GroupDepartment of State Development Manufacturing Infrastructure and Planning--------------------------------------------------------------- ---------------------------
P 07 3452 6741 MLevel 13 1 William Street Brisbane QLD 4000PO Box 15009 City East QLD 4002wwwdsdmipqldgovau
From Anthony Martini [mailtoAnthonyMartinimoretonbayqldgovau] Sent Tuesday 10 July 2018 108 PMTo Graeme Bolton ltGraemeBoltondsdmipqldgovaugtCc Ann Abbott ltAnnAbbottmoretonbayqldgovaugt Stewart PentlandltStewartPentlandmoretonbayqldgovaugt Kerry Doss ltKerryDossdsdmipqldgovaugtSubject Moreton Bay Regional Council - Amendment to Planning Scheme Progress
RTI1819-035-DSDMIP - Page 39 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
Hi Graeme Appreciate that you are busy however I have endeavoured to make contact with you over thepast few days for the purposes of understanding where we are at with regards to receiving apartial or full draft condition set to the amendment to the planning scheme It is nearly 4 weeks since we first met at which meeting MBRC offered to remove the CIA andservice areas non service areas from the amendment and provided shortly thereafter a tablesummary of these changes for further discussion and guidance for the State and MBRC to workthrough You have advised that these changes are agreed in principle You have also advised that thechanges need to be worked through I am in a position where I need some information from you as to what is occurring and when toprovide to the CEO and Mayor From MBRCrsquos perspective we have undertaken all that has beenasked of MBRC - removed the CIA and the servicenon service area references Is there anythingelse which MBRC needs to consider I await your advice Thanks Tony
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in thise-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are nota named recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legalprivilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete allcopies immediately and contact the sender to advise of the errorIt is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liabilityfor loss or damage arising directly or indirectly from opening this email opening any attachments or any communication errorsThe views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 40 of 55
From Graeme BoltonTo Anthony MartiniCc Stewart Pentland Kerry Doss Garth NolanSubject RE Update on draft conditionsDate Thursday 5 July 2018 30400 PMAttachments image001png
image002png
Hi Tony I appreciate your concerns and we are progressing this as fast as possible As you can alsohopefully appreciate the amendment in its own right is a very large and complex document Thechanges being proposed are not unsubstantial and have multiple unintended consequencesmany of which have the potential to adversely affect matters of state interest As such we aretrying to resolve these to an acceptable level (for the state) before sharing these with you I will forward these to you as soon as possible Regards Graeme
Graeme BoltonExecutive Director Planning and Development ServicesPlanning GroupDepartment of State Development Manufacturing Infrastructure and Planning---------------------------------------------------------------------------------------------------------------------------------------------
P 07 3452 6741 MLevel 13 1 William Street Brisbane QLD 4000PO Box 15009 City East QLD 4002wwwdsdmipqldgovau
From Anthony Martini [mailtoAnthonyMartinimoretonbayqldgovau] Sent Tuesday 3 July 2018 543 PMTo Graeme Bolton ltGraemeBoltondsdmipqldgovaugtCc Stewart Pentland ltStewartPentlandmoretonbayqldgovaugt Kerry DossltKerryDossdsdmipqldgovaugt Garth Nolan ltGarthNolandsdmipqldgovaugtSubject RE Update on draft conditions Hi Graeme Thank you for the update It would be good to catch up sooner rather than later as it is fast approaching 3 weeks since ourinitial meeting I can advise that the Mayor sought advice from me as to where the amendmentwas at - as I had advised him 10 days ago that a draft set was to be available with a day or so As discussed our preference is to collaboratively work on the content of the draft conditions Itwould be appreciated if you could send through the balance of the approval and conditions now
RTI1819-035-DSDMIP - Page 41 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
this will enable us to get the process moving Thanks Tony
From Graeme Bolton [mailtoGraemeBoltondsdmipqldgovau] Sent Tuesday 3 July 2018 307 PMTo Anthony Martini ltAnthonyMartinimoretonbayqldgovaugtCc Stewart Pentland ltStewartPentlandmoretonbayqldgovaugt Kerry DossltKerryDossdsdmipqldgovaugt Garth Nolan ltGarthNolandsdmipqldgovaugtSubject Update on draft conditions Hi Tony As previously advised I met with senior officers from DTMR today to discuss some concernstheyrsquove raised in respect to conditioning the proposed amendment I believe we have a wayforward and DTMR are working on a couple of options as a matter of priority I am expecting tohave something back from DTMR mid next week We will continue to work closely with them totry and get something out sooner As previously discussed we will share the draft conditions once we are satisfied with them Wewould be happy to work with you to ensure they are workable from councilrsquos perspective Regards Graeme
Graeme BoltonExecutive Director Planning and Development ServicesPlanning GroupDepartment of State Development Manufacturing Infrastructure and Planning---------------------------------------------------------------- -------------------------------
P 07 3452 6741 MLevel 13 1 William Street Brisbane QLD 4000PO Box 15009 City East QLD 4002wwwdsdmipqldgovau
This email and any attachments may contain confidential or privileged information and may be protected by copyright Youmust not use or disclose them other than for the purposes for which they were supplied The confidentiality and privilegeattached to this message and attachment is not waived by reason of mistaken delivery to you If you are not the intendedrecipient you must not use disclose retain forward or reproduce this message or any attachments If you receive thismessage in error please notify the sender by return email or telephone and destroy and delete all copies The Departmentdoes not accept any responsibility for any loss or damage that may result from reliance on or use of any informationcontained in this email andor attachments
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in this
e-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are not
RTI1819-035-DSDMIP - Page 42 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
a named recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legal
privilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete all
copies immediately and contact the sender to advise of the error
It is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liability
for loss or damage arising directly or indirectly from opening this email opening any attachments or any communication errors
The views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 43 of 55
RTI1819-035-DSDMIP - Page 44 of 55
RTI1819-035-DSDMIP - Page 45 of 55
RTI1819-035-DSDMIP - Page 46 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
RTI1819-035-DSDMIP - Page 47 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
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Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
RTI1819-035-DSDMIP - Page 53 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
RTI1819-035-DSDMIP - Page 54 of 55
RTI1819-035-DSDMIP - Page 55 of 55
From Anthony MartiniTo Graeme BoltonCc Ann Abbott Stewart Pentland Kerry DossSubject RE Moreton Bay Regional Council - Amendment to Planning Scheme ProgressDate Wednesday 11 July 2018 114220 AMAttachments image002png
Thank you for your e-mail Graeme I look forward to your further advices re this matter My reference to timing was based upon advice provided 2 weeks ago at a meeting betweenMBRC and the State that MBRC was to receive a draft condition set the following day Thanks Tony
From Graeme Bolton [mailtoGraemeBoltondsdmipqldgovau] Sent Tuesday 10 July 2018 658 PMTo Anthony Martini ltAnthonyMartinimoretonbayqldgovaugtCc Ann Abbott ltAnnAbbottmoretonbayqldgovaugt Stewart PentlandltStewartPentlandmoretonbayqldgovaugt Kerry Doss ltKerryDossdsdmipqldgovaugtSubject RE Moreton Bay Regional Council - Amendment to Planning Scheme Progress Good afternoon Tony Thank you for your email below I do apologise for not being able to take your call I was in ameeting and then subsequently on a teleconference when you phoned As discussed last week we met with DTMR officers who agreed to provide us with additionalinformation by tomorrow We greatly appreciate the councilrsquos willingness to work with the department to find a wayforward However given the complexity of the amendments it is not as easy as you portray tohave ldquoremoved the CIA and the servicenon service area referencesrdquo All we have at this point intime is a high level table with expressed intent To give effect to this intent involves significantchanges to the proposed amendment and carries a very high risk of unintended consequencesfor the operation of the planning scheme and potential lawfulness of the amendment I amextremely concerned about agreeing to something now only to find out after the Minister hasconditionally approved the amendment that the expressed intent cannot be delivered We are endeavouring to find a solution I will advise further once we have received theadditional information from DTMR Regards Graeme
RTI1819-035-DSDMIP - Page 26 of 55
Graeme BoltonExecutive Director Planning and Development ServicesPlanning GroupDepartment of State Development Manufacturing Infrastructure and Planning---------------------------------------------------------------------------------------------------------------------------------------------
P 07 3452 6741 MLevel 13 1 William Street Brisbane QLD 4000PO Box 15009 City East QLD 4002wwwdsdmipqldgovau
From Anthony Martini [mailtoAnthonyMartinimoretonbayqldgovau] Sent Tuesday 10 July 2018 108 PMTo Graeme Bolton ltGraemeBoltondsdmipqldgovaugtCc Ann Abbott ltAnnAbbottmoretonbayqldgovaugt Stewart PentlandltStewartPentlandmoretonbayqldgovaugt Kerry Doss ltKerryDossdsdmipqldgovaugtSubject Moreton Bay Regional Council - Amendment to Planning Scheme Progress Hi Graeme Appreciate that you are busy however I have endeavoured to make contact with you over thepast few days for the purposes of understanding where we are at with regards to receiving apartial or full draft condition set to the amendment to the planning scheme It is nearly 4 weeks since we first met at which meeting MBRC offered to remove the CIA andservice areas non service areas from the amendment and provided shortly thereafter a tablesummary of these changes for further discussion and guidance for the State and MBRC to workthrough You have advised that these changes are agreed in principle You have also advised that thechanges need to be worked through I am in a position where I need some information from you as to what is occurring and when toprovide to the CEO and Mayor From MBRCrsquos perspective we have undertaken all that has beenasked of MBRC - removed the CIA and the servicenon service area references Is there anythingelse which MBRC needs to consider I await your advice Thanks Tony
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in thise-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are not
RTI1819-035-DSDMIP - Page 27 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
a named recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legalprivilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete allcopies immediately and contact the sender to advise of the errorIt is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liabilityfor loss or damage arising directly or indirectly from opening this email opening any attachments or any communication errorsThe views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
This email and any attachments may contain confidential or privileged information and may be protected by copyright Youmust not use or disclose them other than for the purposes for which they were supplied The confidentiality and privilegeattached to this message and attachment is not waived by reason of mistaken delivery to you If you are not the intendedrecipient you must not use disclose retain forward or reproduce this message or any attachments If you receive thismessage in error please notify the sender by return email or telephone and destroy and delete all copies The Departmentdoes not accept any responsibility for any loss or damage that may result from reliance on or use of any informationcontained in this email andor attachments
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in thise-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are nota named recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legalprivilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete allcopies immediately and contact the sender to advise of the errorIt is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liabilityfor loss or damage arising directly or indirectly from opening this email opening any attachments or any communication errorsThe views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 28 of 55
1
Anne Wood
Subject Discussion regarding DILGPs position and proposed changes to MBRC - Major Amendment 2Location ltlt1 William Street (1WS) - 36 Floor - Meet 3614gtgt
Organizer Cindy WaltonRequired AttendeesCindy Walton Barbara Ryan Christine ONeill kateislesmoretonbayqldgovau
stewartpentlandmoretonbayqldgovau Graeme Bolton Tess PickeringOptional AttendeesBen Caldwell Ian Wright
Booking Confirmation Your room booking has been accepted with the following booking confirmation details below Building 1 William Street (1WS) Floor 36 Room Meet 3614 Room Setup Meeting Room Info Number Attending 12 Date 12 May 2017 From 1100AM To 1230PM Booked By Cindy Walton Host Cindy Walton Booking ID148766 To Join the meeting please dial sip+61730272906qgaaadqldgovau Notes Recurrence Dates Note 1 If you have booked conferencing resources please cut and paste above meeting details to the Outlook meeting invitation and send update 2 For an audio connection users dial the number only 3 For video (Skype) connections users dial the full address
Organizer Anthony MartiniResources Room - Strathpine Room 2A
Good morning The venue for this meeting is Councilrsquos Strathpine office at 220 Gympie Road Strathpine Entrance to the office is via Customer Service in Hall Street where parking is available on street Upon arrival at customer service you will be asked to complete visitor paperwork and then escorted to meeting room 2A Should you have any queries regarding this meeting request please contact me as below Kind regards Ann Abbott Operations Coordinator Engineering Construction amp Maintenance Moreton Bay Regional Council Stage 3 220 Gympie Road Strathpine P 07 3480 6233 E annabbottmoretonbayqldgovau
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in this e-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are not a named recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legal privilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete all copies immediately and contact the sender to advise of the error It is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liability for loss or damage arising directly or indirectly from opening this email opening any attachments or any communication errors The views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 30 of 55
1
Anne Wood
Subject MBRC Location 1 William St Level 12 Room 1214
Shortly you will receive an email invite to enter 1 William st with instructions on what you will need to provide to
Concierge
I will meet your party in the foyer once you have signed in
Kind regards
Anne
Anne Wood AExecutive Assistant Planning and Development Services | Brisbane Department of State Development Manufacturing Infrastructure and Planning Level 13 1 William St Brisbane QLD 4000 p 07 3452 7115 | e annewooddilgpqldgovau
RTI1819-035-DSDMIP - Page 31 of 55
From Graeme BoltonTo Anthony MartiniCc Stewart Pentland Kerry Doss Megan BayntunSubject RE MBRC Planning Scheme Amendment Meeting 13062018Date Friday 22 June 2018 64200 PMAttachments image001png
Dear Tony Please accept my apologies for not being able to get back to you earlier today As indicated in mymessage I was unexpectedly tied up all afternoon in an emergent and urgent issue I have reviewed the provided table and support in principle the matters identified in column fourIn respect to the matters identified in column five I can understand and again support in theprinciple the need for additional changes However the extent of changes will need to satisfy thesignificantly different test This is something that the department and Minister cannot resolvefrom This may mean that the desired changes may need to be tempered with what can besupported at this point in time and further decisions made by the council in respect to the riskprofile and whether or not to proceed with particular elements In addition to the above we have examined a couple of mechanisms that may be open to theMinister in deciding the proposed amendment In short we are exploring (a) the ability to partrefuse and part approve subject to conditions or (b) to solely condition The key consideration isto ensure whatever recommendation is made to the Minister the eventual decision can withstandclose scrutiny In both options given the volume of changes we would be also recommending tothe Minister a closing condition that requires the council to submit the changed amendment forendorsement by the Chief Executive prior to adoption by the council Finally as discussed at our last meeting through the second state interest review the Departmentof Environment and Science (DES) identified concerns in relation to koala habitat and the WarnerInvestigation Area structure plan I have been chasing (and have not yet received) additionalinformation and mapping from DES in relation to this At this point in time we would be looking toinclude a condition addresses the protection of the remaining koala habitat I am hoping to getgreater clarity and certainty on this (in terms of scale and location) in the coming days I will give you a call on Monday to discuss Please do not hesitate to contact me in the interimshould you have questions or concerns Regards Graeme
Graeme BoltonExecutive Director Planning and Development ServicesPlanning GroupDepartment of State Development Manufacturing Infrastructure and Planning---------------------------------------------------------------------------------------------------------------------------------------------
P 07 3452 6741 MLevel 13 1 William Street Brisbane QLD 4000
RTI1819-035-DSDMIP - Page 32 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
Summary of Proposed Planning Scheme Amendment
MBRC policy end Current MBRC Planning Scheme
Advertised Proposed Planning Scheme
Amendment
Amended Proposed Planning Scheme
Amendment
Other necessary changes to achieve MBRC policy end
Substantial change
Warner growth area - o Enable conversion of existing
industryrural residential to transition to residential outcomes
o Conversion consistent with the SEQ Regional Plan identification of Warner for growth
Industry zone and rural residential surrounded by existing residential and main roads Preliminary approval (Variation) would involve - Impact assessment - Major non-compliance with the
assessment benchmarks
- Zone change to Emerging
Community - Overlay map - Structure
planned area - Level of assessment - Service Area - RAL Code
assessment No Service Area - RAL
Impact assessment
Changes - Delete reference to CIA - Delete reference to service area
non service area Result - No change to Overlay map -
Structure planned area - Level of Assessment - RAL
Code assessment
Strengthening of assessment benchmarks required in the Emerging Community Zone Code andor RAL Code - Emerging Community Zone to assist code assessment
No Maintain overlay map as advertised maintain Level of Assessment remove reference to CIA and remove reference to Service Area and Non-Service Area
Caboolture West growth area - (Area 1) - o Enable Area 1 to proceed to
development including residential and local centre
o Consistent with the SEQ Regional Planrsquos identification of Caboolture West as an expansion area
Preliminary approval (Variation) would involve - Impact assessment - Major non-compliance with the
assessment benchmarks without a Neighhourhood Development Plan for Area 1
- Area 1 - Overlay map -
Structure planned area - Level of assessment Service Area - RAL Code
assessment Non Service Area - RAL
Impact assessment
Changes - Delete reference to CIA - Delete reference to service area
non service area Result - No change to Overlay map -
Structure planned area - Level of assessment - RAL Code
assessment for SPA1
Strengthening of assessment benchmarks required in the Local Plan Zone Code andor RAL Code - Emerging Community Zone to assist code assessment
No Maintain overlay map as advertised maintain Level of Assessment remove reference to CIA remove reference to Service Area and Non-Service Area
Caboolture West growth area - (Balance of Caboolture West) - o Enable subsequent stages to
be structure planned and released through future scheme amendments
Preliminary approval (Variation) would involve - Impact assessment - Major non-compliance with the
assessment benchmarks without a Neighhourhood Development Plan for the relevant area
- Overlay map - Future Structure
plan area - Level of assessment - Impact assessment
Changes - Delete reference to CIA - Delete reference to service area
non service area Result - No change to Overlay map -
Future Structure plan area - Level of assessment - Impact
assessment
Revisit strategic framework to delete CIA and ensure strategic outcomes accurately reflect the future timing of these fronts
No Maintain overlay map as advertised remove reference to CIA Minor change to the strategic framework
Other growth areas to be structure planned and held subject to planning infrastructure requirements and financial obligations being determined o Morayfield o Burpengary east o Narangba east o Joyner
RAL application would involve - Code assessment - Major non-compliance with the
assessment benchmarks in the absence of integrated land use and infrastructure planning
MCU application would involve impact assessment
- Overlay Map - Future structure
planned area - Level of assessment - RAL
Impact assessment - Major non-compliance with the
assessment benchmarks in the absence of integrated land use and infrastructure planning including the strategic outcomes
Changes - Delete references to CIA in the
strategic framework - Delete references to service
area non service area Result - No change to Overlay map -
Future structure planned area
Revisit strategic framework to delete CIA and ensure strategic outcomes accurately reflect the future timing of these fronts
No Maintain overlay map as advertised maintain Level of Assessment and remove reference to CIA
MBRC policy end Current MBRC Planning
Scheme Advertised Proposed
Planning Scheme Amendment
Amended Proposed Planning Scheme
Amendment
Other necessary changes to achieve MBRC policy end
Substantial change
- No change to Level of assessment - RAL Impact assessment
Balance of Proposed Planning Scheme Amendment
Not applicable
Changes proposed (carports setbacks sheds etc)
No further changes to the proposed Planning Scheme Amendment as provided post consultation
Not applicable
Not applicable
PO Box 15009 City East QLD 4002wwwdsdmipqldgovau
From Stewart Pentland [mailtoStewartPentlandmoretonbayqldgovau] Sent Thursday 14 June 2018 1234 PMTo Kerry Doss ltKerryDossdsdmipqldgovaugt Graeme BoltonltGraemeBoltondsdmipqldgovaugt Megan Bayntun ltMeganBayntundsdmipqldgovaugtCc Anthony Martini ltAnthonyMartinimoretonbayqldgovaugtSubject MBRC Planning Scheme Amendment Meeting 13062018 Graeme Kerry and Megan Thank you for your time yesterday Tony and I found the meeting most useful As discussed and agreed in principle
1 Council would document a series of proposed changes to the existing Planning SchemeAmendment that responds to the States direction to remove reference to the CIA andassociated service area non-service area concepts (see attached)
2 Subject to an iterative process between the State and council this information would thenform the basis of a conditional approval of the current major scheme amendment amp
3 The existing amendment would then be finalised by way of a conditional approval consistentwith points 1 and 2 above ASAP
Please find attached a first draft table outlining what are considered to be the necessary changesto the current amendment We would welcome your thoughts on this so that we can continue todevelop its contents with you I note you indicated that for this approach to be utilised you would need to be comfortable thatthe type of changes proposed did not constitute a substantial change As a consequence we haveincluded a column (Substantial change) that includes our appraisal of each proposed change Againwe would welcome your thoughts on this matter also It would be good to progress this matter ASAP In doing so it would be appreciated if you couldadvise when you consider you may be able to provide a response to these initial draftrepresentations In the interim should you require anything further please let me know Regards Stewart PentlandDirectorPlanning and Economic DevelopmentMoreton Bay Regional Council2 Hasking Street Caboolture Qld 4510P 07 5433 2023M Email stewartpentlandmoretonbayqldgovauwwwmoretonbayqldgovau
RTI1819-035-DSDMIP - Page 33 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in this e-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are not anamed recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legalprivilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete all copiesimmediately and contact the sender to advise of the errorIt is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liability forloss or damage arising directly or indirectly from opening this email opening any attachments or any communication errorsThe views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 34 of 55
Summary of Proposed Planning Scheme Amendment
MBRC policy end Current MBRC Planning Scheme
Advertised Proposed Planning Scheme
Amendment
Amended Proposed Planning Scheme
Amendment
Other necessary changes to achieve MBRC policy end
Substantial change
Warner growth area - o Enable conversion of existing
industryrural residential to transition to residential outcomes
o Conversion consistent with the SEQ Regional Plan identification of Warner for growth
Industry zone and rural residential surrounded by existing residential and main roads Preliminary approval (Variation) would involve - Impact assessment - Major non-compliance with the
assessment benchmarks
- Zone change to Emerging
Community - Overlay map - Structure
planned area - Level of assessment - Service Area - RAL Code
assessment No Service Area - RAL
Impact assessment
Changes - Delete reference to CIA - Delete reference to service area
non service area Result - No change to Overlay map -
Structure planned area - Level of Assessment - RAL
Code assessment
Strengthening of assessment benchmarks required in the Emerging Community Zone Code andor RAL Code - Emerging Community Zone to assist code assessment
No Maintain overlay map as advertised maintain Level of Assessment remove reference to CIA and remove reference to Service Area and Non-Service Area
Caboolture West growth area - (Area 1) - o Enable Area 1 to proceed to
development including residential and local centre
o Consistent with the SEQ Regional Planrsquos identification of Caboolture West as an expansion area
Preliminary approval (Variation) would involve - Impact assessment - Major non-compliance with the
assessment benchmarks without a Neighhourhood Development Plan for Area 1
- Area 1 - Overlay map -
Structure planned area - Level of assessment Service Area - RAL Code
assessment Non Service Area - RAL
Impact assessment
Changes - Delete reference to CIA - Delete reference to service area
non service area Result - No change to Overlay map -
Structure planned area - Level of assessment - RAL Code
assessment for SPA1
Strengthening of assessment benchmarks required in the Local Plan Zone Code andor RAL Code - Emerging Community Zone to assist code assessment
No Maintain overlay map as advertised maintain Level of Assessment remove reference to CIA remove reference to Service Area and Non-Service Area
Caboolture West growth area - (Balance of Caboolture West) - o Enable subsequent stages to
be structure planned and released through future scheme amendments
Preliminary approval (Variation) would involve - Impact assessment - Major non-compliance with the
assessment benchmarks without a Neighhourhood Development Plan for the relevant area
- Overlay map - Future Structure
plan area - Level of assessment - Impact assessment
Changes - Delete reference to CIA - Delete reference to service area
non service area Result - No change to Overlay map -
Future Structure plan area - Level of assessment - Impact
assessment
Revisit strategic framework to delete CIA and ensure strategic outcomes accurately reflect the future timing of these fronts
No Maintain overlay map as advertised remove reference to CIA Minor change to the strategic framework
Other growth areas to be structure planned and held subject to planning infrastructure requirements and financial obligations being determined o Morayfield o Burpengary east o Narangba east o Joyner
RAL application would involve - Code assessment - Major non-compliance with the
assessment benchmarks in the absence of integrated land use and infrastructure planning
MCU application would involve impact assessment
- Overlay Map - Future structure
planned area - Level of assessment - RAL
Impact assessment - Major non-compliance with the
assessment benchmarks in the absence of integrated land use and infrastructure planning including the strategic outcomes
Changes - Delete references to CIA in the
strategic framework - Delete references to service
area non service area Result - No change to Overlay map -
Future structure planned area
Revisit strategic framework to delete CIA and ensure strategic outcomes accurately reflect the future timing of these fronts
No Maintain overlay map as advertised maintain Level of Assessment and remove reference to CIA
RTI1819-035-DSDMIP - Page 35 of 55
MBRC policy end Current MBRC Planning
Scheme Advertised Proposed
Planning Scheme Amendment
Amended Proposed Planning Scheme
Amendment
Other necessary changes to achieve MBRC policy end
Substantial change
- No change to Level of assessment - RAL Impact assessment
Balance of Proposed Planning Scheme Amendment
Not applicable
Changes proposed (carports setbacks sheds etc)
No further changes to the proposed Planning Scheme Amendment as provided post consultation
Not applicable
Not applicable
RTI1819-035-DSDMIP - Page 36 of 55
From Graeme BoltonTo Stewart Pentland Kerry Doss Megan BayntunCc Anthony MartiniSubject RE MBRC Planning Scheme Amendment Meeting 13062018Date Monday 18 June 2018 82200 AMAttachments image001png
image002jpg
Hi Stewart Thank you for providing the attached table and below information As per Kerryrsquos email we willreview and respond as soon as possible Regards Graeme
Graeme BoltonExecutive Director Planning and Development ServicesPlanning GroupDepartment of State Development Manufacturing Infrastructure and Planning---------------------------------------------------------------------------------------------------------------------------------------------
P 07 3452 6741 MLevel 13 1 William Street Brisbane QLD 4000PO Box 15009 City East QLD 4002wwwdsdmipqldgovau
From Stewart Pentland [mailtoStewartPentlandmoretonbayqldgovau] Sent Thursday 14 June 2018 1234 PMTo Kerry Doss ltKerryDossdsdmipqldgovaugt Graeme BoltonltGraemeBoltondsdmipqldgovaugt Megan Bayntun ltMeganBayntundsdmipqldgovaugtCc Anthony Martini ltAnthonyMartinimoretonbayqldgovaugtSubject MBRC Planning Scheme Amendment Meeting 13062018 Graeme Kerry and Megan Thank you for your time yesterday Tony and I found the meeting most useful As discussed and agreed in principle
1 Council would document a series of proposed changes to the existing Planning SchemeAmendment that responds to the States direction to remove reference to the CIA andassociated service area non-service area concepts (see attached)
2 Subject to an iterative process between the State and council this information would thenform the basis of a conditional approval of the current major scheme amendment amp
3 The existing amendment would then be finalised by way of a conditional approval consistentwith points 1 and 2 above ASAP
RTI1819-035-DSDMIP - Page 37 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
Please find attached a first draft table outlining what are considered to be the necessary changesto the current amendment We would welcome your thoughts on this so that we can continue todevelop its contents with you I note you indicated that for this approach to be utilised you would need to be comfortable thatthe type of changes proposed did not constitute a substantial change As a consequence we haveincluded a column (Substantial change) that includes our appraisal of each proposed change Againwe would welcome your thoughts on this matter also It would be good to progress this matter ASAP In doing so it would be appreciated if you couldadvise when you consider you may be able to provide a response to these initial draftrepresentations In the interim should you require anything further please let me know Regards Stewart PentlandDirectorPlanning and Economic DevelopmentMoreton Bay Regional Council2 Hasking Street Caboolture Qld 4510P 07 5433 2023M Email stewartpentlandmoretonbayqldgovauwwwmoretonbayqldgovau CCR3_email_signhr
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in this e-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are not anamed recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legalprivilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete all copiesimmediately and contact the sender to advise of the errorIt is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liability forloss or damage arising directly or indirectly from opening this email opening any attachments or any communication errorsThe views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 38 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
From Graeme BoltonTo Anthony MartiniCc Ann Abbott Stewart Pentland Kerry DossSubject RE Moreton Bay Regional Council - Amendment to Planning Scheme ProgressDate Tuesday 10 July 2018 65800 PMAttachments image001png
Good afternoon Tony Thank you for your email below I do apologise for not being able to take your call I was in ameeting and then subsequently on a teleconference when you phoned As discussed last week we met with DTMR officers who agreed to provide us with additionalinformation by tomorrow We greatly appreciate the councilrsquos willingness to work with the department to find a wayforward However given the complexity of the amendments it is not as easy as you portray tohave ldquoremoved the CIA and the servicenon service area referencesrdquo All we have at this point intime is a high level table with expressed intent To give effect to this intent involves significantchanges to the proposed amendment and carries a very high risk of unintended consequencesfor the operation of the planning scheme and potential lawfulness of the amendment I amextremely concerned about agreeing to something now only to find out after the Minister hasconditionally approved the amendment that the expressed intent cannot be delivered We are endeavouring to find a solution I will advise further once we have received theadditional information from DTMR Regards Graeme
Graeme BoltonExecutive Director Planning and Development ServicesPlanning GroupDepartment of State Development Manufacturing Infrastructure and Planning--------------------------------------------------------------- ---------------------------
P 07 3452 6741 MLevel 13 1 William Street Brisbane QLD 4000PO Box 15009 City East QLD 4002wwwdsdmipqldgovau
From Anthony Martini [mailtoAnthonyMartinimoretonbayqldgovau] Sent Tuesday 10 July 2018 108 PMTo Graeme Bolton ltGraemeBoltondsdmipqldgovaugtCc Ann Abbott ltAnnAbbottmoretonbayqldgovaugt Stewart PentlandltStewartPentlandmoretonbayqldgovaugt Kerry Doss ltKerryDossdsdmipqldgovaugtSubject Moreton Bay Regional Council - Amendment to Planning Scheme Progress
RTI1819-035-DSDMIP - Page 39 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
Hi Graeme Appreciate that you are busy however I have endeavoured to make contact with you over thepast few days for the purposes of understanding where we are at with regards to receiving apartial or full draft condition set to the amendment to the planning scheme It is nearly 4 weeks since we first met at which meeting MBRC offered to remove the CIA andservice areas non service areas from the amendment and provided shortly thereafter a tablesummary of these changes for further discussion and guidance for the State and MBRC to workthrough You have advised that these changes are agreed in principle You have also advised that thechanges need to be worked through I am in a position where I need some information from you as to what is occurring and when toprovide to the CEO and Mayor From MBRCrsquos perspective we have undertaken all that has beenasked of MBRC - removed the CIA and the servicenon service area references Is there anythingelse which MBRC needs to consider I await your advice Thanks Tony
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in thise-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are nota named recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legalprivilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete allcopies immediately and contact the sender to advise of the errorIt is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liabilityfor loss or damage arising directly or indirectly from opening this email opening any attachments or any communication errorsThe views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 40 of 55
From Graeme BoltonTo Anthony MartiniCc Stewart Pentland Kerry Doss Garth NolanSubject RE Update on draft conditionsDate Thursday 5 July 2018 30400 PMAttachments image001png
image002png
Hi Tony I appreciate your concerns and we are progressing this as fast as possible As you can alsohopefully appreciate the amendment in its own right is a very large and complex document Thechanges being proposed are not unsubstantial and have multiple unintended consequencesmany of which have the potential to adversely affect matters of state interest As such we aretrying to resolve these to an acceptable level (for the state) before sharing these with you I will forward these to you as soon as possible Regards Graeme
Graeme BoltonExecutive Director Planning and Development ServicesPlanning GroupDepartment of State Development Manufacturing Infrastructure and Planning---------------------------------------------------------------------------------------------------------------------------------------------
P 07 3452 6741 MLevel 13 1 William Street Brisbane QLD 4000PO Box 15009 City East QLD 4002wwwdsdmipqldgovau
From Anthony Martini [mailtoAnthonyMartinimoretonbayqldgovau] Sent Tuesday 3 July 2018 543 PMTo Graeme Bolton ltGraemeBoltondsdmipqldgovaugtCc Stewart Pentland ltStewartPentlandmoretonbayqldgovaugt Kerry DossltKerryDossdsdmipqldgovaugt Garth Nolan ltGarthNolandsdmipqldgovaugtSubject RE Update on draft conditions Hi Graeme Thank you for the update It would be good to catch up sooner rather than later as it is fast approaching 3 weeks since ourinitial meeting I can advise that the Mayor sought advice from me as to where the amendmentwas at - as I had advised him 10 days ago that a draft set was to be available with a day or so As discussed our preference is to collaboratively work on the content of the draft conditions Itwould be appreciated if you could send through the balance of the approval and conditions now
RTI1819-035-DSDMIP - Page 41 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
this will enable us to get the process moving Thanks Tony
From Graeme Bolton [mailtoGraemeBoltondsdmipqldgovau] Sent Tuesday 3 July 2018 307 PMTo Anthony Martini ltAnthonyMartinimoretonbayqldgovaugtCc Stewart Pentland ltStewartPentlandmoretonbayqldgovaugt Kerry DossltKerryDossdsdmipqldgovaugt Garth Nolan ltGarthNolandsdmipqldgovaugtSubject Update on draft conditions Hi Tony As previously advised I met with senior officers from DTMR today to discuss some concernstheyrsquove raised in respect to conditioning the proposed amendment I believe we have a wayforward and DTMR are working on a couple of options as a matter of priority I am expecting tohave something back from DTMR mid next week We will continue to work closely with them totry and get something out sooner As previously discussed we will share the draft conditions once we are satisfied with them Wewould be happy to work with you to ensure they are workable from councilrsquos perspective Regards Graeme
Graeme BoltonExecutive Director Planning and Development ServicesPlanning GroupDepartment of State Development Manufacturing Infrastructure and Planning---------------------------------------------------------------- -------------------------------
P 07 3452 6741 MLevel 13 1 William Street Brisbane QLD 4000PO Box 15009 City East QLD 4002wwwdsdmipqldgovau
This email and any attachments may contain confidential or privileged information and may be protected by copyright Youmust not use or disclose them other than for the purposes for which they were supplied The confidentiality and privilegeattached to this message and attachment is not waived by reason of mistaken delivery to you If you are not the intendedrecipient you must not use disclose retain forward or reproduce this message or any attachments If you receive thismessage in error please notify the sender by return email or telephone and destroy and delete all copies The Departmentdoes not accept any responsibility for any loss or damage that may result from reliance on or use of any informationcontained in this email andor attachments
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in this
e-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are not
RTI1819-035-DSDMIP - Page 42 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
a named recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legal
privilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete all
copies immediately and contact the sender to advise of the error
It is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liability
for loss or damage arising directly or indirectly from opening this email opening any attachments or any communication errors
The views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 43 of 55
RTI1819-035-DSDMIP - Page 44 of 55
RTI1819-035-DSDMIP - Page 45 of 55
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Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
RTI1819-035-DSDMIP - Page 47 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
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RTI1819-035-DSDMIP - Page 53 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
RTI1819-035-DSDMIP - Page 54 of 55
RTI1819-035-DSDMIP - Page 55 of 55
Graeme BoltonExecutive Director Planning and Development ServicesPlanning GroupDepartment of State Development Manufacturing Infrastructure and Planning---------------------------------------------------------------------------------------------------------------------------------------------
P 07 3452 6741 MLevel 13 1 William Street Brisbane QLD 4000PO Box 15009 City East QLD 4002wwwdsdmipqldgovau
From Anthony Martini [mailtoAnthonyMartinimoretonbayqldgovau] Sent Tuesday 10 July 2018 108 PMTo Graeme Bolton ltGraemeBoltondsdmipqldgovaugtCc Ann Abbott ltAnnAbbottmoretonbayqldgovaugt Stewart PentlandltStewartPentlandmoretonbayqldgovaugt Kerry Doss ltKerryDossdsdmipqldgovaugtSubject Moreton Bay Regional Council - Amendment to Planning Scheme Progress Hi Graeme Appreciate that you are busy however I have endeavoured to make contact with you over thepast few days for the purposes of understanding where we are at with regards to receiving apartial or full draft condition set to the amendment to the planning scheme It is nearly 4 weeks since we first met at which meeting MBRC offered to remove the CIA andservice areas non service areas from the amendment and provided shortly thereafter a tablesummary of these changes for further discussion and guidance for the State and MBRC to workthrough You have advised that these changes are agreed in principle You have also advised that thechanges need to be worked through I am in a position where I need some information from you as to what is occurring and when toprovide to the CEO and Mayor From MBRCrsquos perspective we have undertaken all that has beenasked of MBRC - removed the CIA and the servicenon service area references Is there anythingelse which MBRC needs to consider I await your advice Thanks Tony
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in thise-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are not
RTI1819-035-DSDMIP - Page 27 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
a named recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legalprivilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete allcopies immediately and contact the sender to advise of the errorIt is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liabilityfor loss or damage arising directly or indirectly from opening this email opening any attachments or any communication errorsThe views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
This email and any attachments may contain confidential or privileged information and may be protected by copyright Youmust not use or disclose them other than for the purposes for which they were supplied The confidentiality and privilegeattached to this message and attachment is not waived by reason of mistaken delivery to you If you are not the intendedrecipient you must not use disclose retain forward or reproduce this message or any attachments If you receive thismessage in error please notify the sender by return email or telephone and destroy and delete all copies The Departmentdoes not accept any responsibility for any loss or damage that may result from reliance on or use of any informationcontained in this email andor attachments
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in thise-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are nota named recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legalprivilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete allcopies immediately and contact the sender to advise of the errorIt is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liabilityfor loss or damage arising directly or indirectly from opening this email opening any attachments or any communication errorsThe views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 28 of 55
1
Anne Wood
Subject Discussion regarding DILGPs position and proposed changes to MBRC - Major Amendment 2Location ltlt1 William Street (1WS) - 36 Floor - Meet 3614gtgt
Organizer Cindy WaltonRequired AttendeesCindy Walton Barbara Ryan Christine ONeill kateislesmoretonbayqldgovau
stewartpentlandmoretonbayqldgovau Graeme Bolton Tess PickeringOptional AttendeesBen Caldwell Ian Wright
Booking Confirmation Your room booking has been accepted with the following booking confirmation details below Building 1 William Street (1WS) Floor 36 Room Meet 3614 Room Setup Meeting Room Info Number Attending 12 Date 12 May 2017 From 1100AM To 1230PM Booked By Cindy Walton Host Cindy Walton Booking ID148766 To Join the meeting please dial sip+61730272906qgaaadqldgovau Notes Recurrence Dates Note 1 If you have booked conferencing resources please cut and paste above meeting details to the Outlook meeting invitation and send update 2 For an audio connection users dial the number only 3 For video (Skype) connections users dial the full address
Organizer Anthony MartiniResources Room - Strathpine Room 2A
Good morning The venue for this meeting is Councilrsquos Strathpine office at 220 Gympie Road Strathpine Entrance to the office is via Customer Service in Hall Street where parking is available on street Upon arrival at customer service you will be asked to complete visitor paperwork and then escorted to meeting room 2A Should you have any queries regarding this meeting request please contact me as below Kind regards Ann Abbott Operations Coordinator Engineering Construction amp Maintenance Moreton Bay Regional Council Stage 3 220 Gympie Road Strathpine P 07 3480 6233 E annabbottmoretonbayqldgovau
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in this e-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are not a named recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legal privilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete all copies immediately and contact the sender to advise of the error It is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liability for loss or damage arising directly or indirectly from opening this email opening any attachments or any communication errors The views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 30 of 55
1
Anne Wood
Subject MBRC Location 1 William St Level 12 Room 1214
Shortly you will receive an email invite to enter 1 William st with instructions on what you will need to provide to
Concierge
I will meet your party in the foyer once you have signed in
Kind regards
Anne
Anne Wood AExecutive Assistant Planning and Development Services | Brisbane Department of State Development Manufacturing Infrastructure and Planning Level 13 1 William St Brisbane QLD 4000 p 07 3452 7115 | e annewooddilgpqldgovau
RTI1819-035-DSDMIP - Page 31 of 55
From Graeme BoltonTo Anthony MartiniCc Stewart Pentland Kerry Doss Megan BayntunSubject RE MBRC Planning Scheme Amendment Meeting 13062018Date Friday 22 June 2018 64200 PMAttachments image001png
Dear Tony Please accept my apologies for not being able to get back to you earlier today As indicated in mymessage I was unexpectedly tied up all afternoon in an emergent and urgent issue I have reviewed the provided table and support in principle the matters identified in column fourIn respect to the matters identified in column five I can understand and again support in theprinciple the need for additional changes However the extent of changes will need to satisfy thesignificantly different test This is something that the department and Minister cannot resolvefrom This may mean that the desired changes may need to be tempered with what can besupported at this point in time and further decisions made by the council in respect to the riskprofile and whether or not to proceed with particular elements In addition to the above we have examined a couple of mechanisms that may be open to theMinister in deciding the proposed amendment In short we are exploring (a) the ability to partrefuse and part approve subject to conditions or (b) to solely condition The key consideration isto ensure whatever recommendation is made to the Minister the eventual decision can withstandclose scrutiny In both options given the volume of changes we would be also recommending tothe Minister a closing condition that requires the council to submit the changed amendment forendorsement by the Chief Executive prior to adoption by the council Finally as discussed at our last meeting through the second state interest review the Departmentof Environment and Science (DES) identified concerns in relation to koala habitat and the WarnerInvestigation Area structure plan I have been chasing (and have not yet received) additionalinformation and mapping from DES in relation to this At this point in time we would be looking toinclude a condition addresses the protection of the remaining koala habitat I am hoping to getgreater clarity and certainty on this (in terms of scale and location) in the coming days I will give you a call on Monday to discuss Please do not hesitate to contact me in the interimshould you have questions or concerns Regards Graeme
Graeme BoltonExecutive Director Planning and Development ServicesPlanning GroupDepartment of State Development Manufacturing Infrastructure and Planning---------------------------------------------------------------------------------------------------------------------------------------------
P 07 3452 6741 MLevel 13 1 William Street Brisbane QLD 4000
RTI1819-035-DSDMIP - Page 32 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
Summary of Proposed Planning Scheme Amendment
MBRC policy end Current MBRC Planning Scheme
Advertised Proposed Planning Scheme
Amendment
Amended Proposed Planning Scheme
Amendment
Other necessary changes to achieve MBRC policy end
Substantial change
Warner growth area - o Enable conversion of existing
industryrural residential to transition to residential outcomes
o Conversion consistent with the SEQ Regional Plan identification of Warner for growth
Industry zone and rural residential surrounded by existing residential and main roads Preliminary approval (Variation) would involve - Impact assessment - Major non-compliance with the
assessment benchmarks
- Zone change to Emerging
Community - Overlay map - Structure
planned area - Level of assessment - Service Area - RAL Code
assessment No Service Area - RAL
Impact assessment
Changes - Delete reference to CIA - Delete reference to service area
non service area Result - No change to Overlay map -
Structure planned area - Level of Assessment - RAL
Code assessment
Strengthening of assessment benchmarks required in the Emerging Community Zone Code andor RAL Code - Emerging Community Zone to assist code assessment
No Maintain overlay map as advertised maintain Level of Assessment remove reference to CIA and remove reference to Service Area and Non-Service Area
Caboolture West growth area - (Area 1) - o Enable Area 1 to proceed to
development including residential and local centre
o Consistent with the SEQ Regional Planrsquos identification of Caboolture West as an expansion area
Preliminary approval (Variation) would involve - Impact assessment - Major non-compliance with the
assessment benchmarks without a Neighhourhood Development Plan for Area 1
- Area 1 - Overlay map -
Structure planned area - Level of assessment Service Area - RAL Code
assessment Non Service Area - RAL
Impact assessment
Changes - Delete reference to CIA - Delete reference to service area
non service area Result - No change to Overlay map -
Structure planned area - Level of assessment - RAL Code
assessment for SPA1
Strengthening of assessment benchmarks required in the Local Plan Zone Code andor RAL Code - Emerging Community Zone to assist code assessment
No Maintain overlay map as advertised maintain Level of Assessment remove reference to CIA remove reference to Service Area and Non-Service Area
Caboolture West growth area - (Balance of Caboolture West) - o Enable subsequent stages to
be structure planned and released through future scheme amendments
Preliminary approval (Variation) would involve - Impact assessment - Major non-compliance with the
assessment benchmarks without a Neighhourhood Development Plan for the relevant area
- Overlay map - Future Structure
plan area - Level of assessment - Impact assessment
Changes - Delete reference to CIA - Delete reference to service area
non service area Result - No change to Overlay map -
Future Structure plan area - Level of assessment - Impact
assessment
Revisit strategic framework to delete CIA and ensure strategic outcomes accurately reflect the future timing of these fronts
No Maintain overlay map as advertised remove reference to CIA Minor change to the strategic framework
Other growth areas to be structure planned and held subject to planning infrastructure requirements and financial obligations being determined o Morayfield o Burpengary east o Narangba east o Joyner
RAL application would involve - Code assessment - Major non-compliance with the
assessment benchmarks in the absence of integrated land use and infrastructure planning
MCU application would involve impact assessment
- Overlay Map - Future structure
planned area - Level of assessment - RAL
Impact assessment - Major non-compliance with the
assessment benchmarks in the absence of integrated land use and infrastructure planning including the strategic outcomes
Changes - Delete references to CIA in the
strategic framework - Delete references to service
area non service area Result - No change to Overlay map -
Future structure planned area
Revisit strategic framework to delete CIA and ensure strategic outcomes accurately reflect the future timing of these fronts
No Maintain overlay map as advertised maintain Level of Assessment and remove reference to CIA
MBRC policy end Current MBRC Planning
Scheme Advertised Proposed
Planning Scheme Amendment
Amended Proposed Planning Scheme
Amendment
Other necessary changes to achieve MBRC policy end
Substantial change
- No change to Level of assessment - RAL Impact assessment
Balance of Proposed Planning Scheme Amendment
Not applicable
Changes proposed (carports setbacks sheds etc)
No further changes to the proposed Planning Scheme Amendment as provided post consultation
Not applicable
Not applicable
PO Box 15009 City East QLD 4002wwwdsdmipqldgovau
From Stewart Pentland [mailtoStewartPentlandmoretonbayqldgovau] Sent Thursday 14 June 2018 1234 PMTo Kerry Doss ltKerryDossdsdmipqldgovaugt Graeme BoltonltGraemeBoltondsdmipqldgovaugt Megan Bayntun ltMeganBayntundsdmipqldgovaugtCc Anthony Martini ltAnthonyMartinimoretonbayqldgovaugtSubject MBRC Planning Scheme Amendment Meeting 13062018 Graeme Kerry and Megan Thank you for your time yesterday Tony and I found the meeting most useful As discussed and agreed in principle
1 Council would document a series of proposed changes to the existing Planning SchemeAmendment that responds to the States direction to remove reference to the CIA andassociated service area non-service area concepts (see attached)
2 Subject to an iterative process between the State and council this information would thenform the basis of a conditional approval of the current major scheme amendment amp
3 The existing amendment would then be finalised by way of a conditional approval consistentwith points 1 and 2 above ASAP
Please find attached a first draft table outlining what are considered to be the necessary changesto the current amendment We would welcome your thoughts on this so that we can continue todevelop its contents with you I note you indicated that for this approach to be utilised you would need to be comfortable thatthe type of changes proposed did not constitute a substantial change As a consequence we haveincluded a column (Substantial change) that includes our appraisal of each proposed change Againwe would welcome your thoughts on this matter also It would be good to progress this matter ASAP In doing so it would be appreciated if you couldadvise when you consider you may be able to provide a response to these initial draftrepresentations In the interim should you require anything further please let me know Regards Stewart PentlandDirectorPlanning and Economic DevelopmentMoreton Bay Regional Council2 Hasking Street Caboolture Qld 4510P 07 5433 2023M Email stewartpentlandmoretonbayqldgovauwwwmoretonbayqldgovau
RTI1819-035-DSDMIP - Page 33 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in this e-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are not anamed recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legalprivilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete all copiesimmediately and contact the sender to advise of the errorIt is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liability forloss or damage arising directly or indirectly from opening this email opening any attachments or any communication errorsThe views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 34 of 55
Summary of Proposed Planning Scheme Amendment
MBRC policy end Current MBRC Planning Scheme
Advertised Proposed Planning Scheme
Amendment
Amended Proposed Planning Scheme
Amendment
Other necessary changes to achieve MBRC policy end
Substantial change
Warner growth area - o Enable conversion of existing
industryrural residential to transition to residential outcomes
o Conversion consistent with the SEQ Regional Plan identification of Warner for growth
Industry zone and rural residential surrounded by existing residential and main roads Preliminary approval (Variation) would involve - Impact assessment - Major non-compliance with the
assessment benchmarks
- Zone change to Emerging
Community - Overlay map - Structure
planned area - Level of assessment - Service Area - RAL Code
assessment No Service Area - RAL
Impact assessment
Changes - Delete reference to CIA - Delete reference to service area
non service area Result - No change to Overlay map -
Structure planned area - Level of Assessment - RAL
Code assessment
Strengthening of assessment benchmarks required in the Emerging Community Zone Code andor RAL Code - Emerging Community Zone to assist code assessment
No Maintain overlay map as advertised maintain Level of Assessment remove reference to CIA and remove reference to Service Area and Non-Service Area
Caboolture West growth area - (Area 1) - o Enable Area 1 to proceed to
development including residential and local centre
o Consistent with the SEQ Regional Planrsquos identification of Caboolture West as an expansion area
Preliminary approval (Variation) would involve - Impact assessment - Major non-compliance with the
assessment benchmarks without a Neighhourhood Development Plan for Area 1
- Area 1 - Overlay map -
Structure planned area - Level of assessment Service Area - RAL Code
assessment Non Service Area - RAL
Impact assessment
Changes - Delete reference to CIA - Delete reference to service area
non service area Result - No change to Overlay map -
Structure planned area - Level of assessment - RAL Code
assessment for SPA1
Strengthening of assessment benchmarks required in the Local Plan Zone Code andor RAL Code - Emerging Community Zone to assist code assessment
No Maintain overlay map as advertised maintain Level of Assessment remove reference to CIA remove reference to Service Area and Non-Service Area
Caboolture West growth area - (Balance of Caboolture West) - o Enable subsequent stages to
be structure planned and released through future scheme amendments
Preliminary approval (Variation) would involve - Impact assessment - Major non-compliance with the
assessment benchmarks without a Neighhourhood Development Plan for the relevant area
- Overlay map - Future Structure
plan area - Level of assessment - Impact assessment
Changes - Delete reference to CIA - Delete reference to service area
non service area Result - No change to Overlay map -
Future Structure plan area - Level of assessment - Impact
assessment
Revisit strategic framework to delete CIA and ensure strategic outcomes accurately reflect the future timing of these fronts
No Maintain overlay map as advertised remove reference to CIA Minor change to the strategic framework
Other growth areas to be structure planned and held subject to planning infrastructure requirements and financial obligations being determined o Morayfield o Burpengary east o Narangba east o Joyner
RAL application would involve - Code assessment - Major non-compliance with the
assessment benchmarks in the absence of integrated land use and infrastructure planning
MCU application would involve impact assessment
- Overlay Map - Future structure
planned area - Level of assessment - RAL
Impact assessment - Major non-compliance with the
assessment benchmarks in the absence of integrated land use and infrastructure planning including the strategic outcomes
Changes - Delete references to CIA in the
strategic framework - Delete references to service
area non service area Result - No change to Overlay map -
Future structure planned area
Revisit strategic framework to delete CIA and ensure strategic outcomes accurately reflect the future timing of these fronts
No Maintain overlay map as advertised maintain Level of Assessment and remove reference to CIA
RTI1819-035-DSDMIP - Page 35 of 55
MBRC policy end Current MBRC Planning
Scheme Advertised Proposed
Planning Scheme Amendment
Amended Proposed Planning Scheme
Amendment
Other necessary changes to achieve MBRC policy end
Substantial change
- No change to Level of assessment - RAL Impact assessment
Balance of Proposed Planning Scheme Amendment
Not applicable
Changes proposed (carports setbacks sheds etc)
No further changes to the proposed Planning Scheme Amendment as provided post consultation
Not applicable
Not applicable
RTI1819-035-DSDMIP - Page 36 of 55
From Graeme BoltonTo Stewart Pentland Kerry Doss Megan BayntunCc Anthony MartiniSubject RE MBRC Planning Scheme Amendment Meeting 13062018Date Monday 18 June 2018 82200 AMAttachments image001png
image002jpg
Hi Stewart Thank you for providing the attached table and below information As per Kerryrsquos email we willreview and respond as soon as possible Regards Graeme
Graeme BoltonExecutive Director Planning and Development ServicesPlanning GroupDepartment of State Development Manufacturing Infrastructure and Planning---------------------------------------------------------------------------------------------------------------------------------------------
P 07 3452 6741 MLevel 13 1 William Street Brisbane QLD 4000PO Box 15009 City East QLD 4002wwwdsdmipqldgovau
From Stewart Pentland [mailtoStewartPentlandmoretonbayqldgovau] Sent Thursday 14 June 2018 1234 PMTo Kerry Doss ltKerryDossdsdmipqldgovaugt Graeme BoltonltGraemeBoltondsdmipqldgovaugt Megan Bayntun ltMeganBayntundsdmipqldgovaugtCc Anthony Martini ltAnthonyMartinimoretonbayqldgovaugtSubject MBRC Planning Scheme Amendment Meeting 13062018 Graeme Kerry and Megan Thank you for your time yesterday Tony and I found the meeting most useful As discussed and agreed in principle
1 Council would document a series of proposed changes to the existing Planning SchemeAmendment that responds to the States direction to remove reference to the CIA andassociated service area non-service area concepts (see attached)
2 Subject to an iterative process between the State and council this information would thenform the basis of a conditional approval of the current major scheme amendment amp
3 The existing amendment would then be finalised by way of a conditional approval consistentwith points 1 and 2 above ASAP
RTI1819-035-DSDMIP - Page 37 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
Please find attached a first draft table outlining what are considered to be the necessary changesto the current amendment We would welcome your thoughts on this so that we can continue todevelop its contents with you I note you indicated that for this approach to be utilised you would need to be comfortable thatthe type of changes proposed did not constitute a substantial change As a consequence we haveincluded a column (Substantial change) that includes our appraisal of each proposed change Againwe would welcome your thoughts on this matter also It would be good to progress this matter ASAP In doing so it would be appreciated if you couldadvise when you consider you may be able to provide a response to these initial draftrepresentations In the interim should you require anything further please let me know Regards Stewart PentlandDirectorPlanning and Economic DevelopmentMoreton Bay Regional Council2 Hasking Street Caboolture Qld 4510P 07 5433 2023M Email stewartpentlandmoretonbayqldgovauwwwmoretonbayqldgovau CCR3_email_signhr
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in this e-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are not anamed recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legalprivilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete all copiesimmediately and contact the sender to advise of the errorIt is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liability forloss or damage arising directly or indirectly from opening this email opening any attachments or any communication errorsThe views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 38 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
From Graeme BoltonTo Anthony MartiniCc Ann Abbott Stewart Pentland Kerry DossSubject RE Moreton Bay Regional Council - Amendment to Planning Scheme ProgressDate Tuesday 10 July 2018 65800 PMAttachments image001png
Good afternoon Tony Thank you for your email below I do apologise for not being able to take your call I was in ameeting and then subsequently on a teleconference when you phoned As discussed last week we met with DTMR officers who agreed to provide us with additionalinformation by tomorrow We greatly appreciate the councilrsquos willingness to work with the department to find a wayforward However given the complexity of the amendments it is not as easy as you portray tohave ldquoremoved the CIA and the servicenon service area referencesrdquo All we have at this point intime is a high level table with expressed intent To give effect to this intent involves significantchanges to the proposed amendment and carries a very high risk of unintended consequencesfor the operation of the planning scheme and potential lawfulness of the amendment I amextremely concerned about agreeing to something now only to find out after the Minister hasconditionally approved the amendment that the expressed intent cannot be delivered We are endeavouring to find a solution I will advise further once we have received theadditional information from DTMR Regards Graeme
Graeme BoltonExecutive Director Planning and Development ServicesPlanning GroupDepartment of State Development Manufacturing Infrastructure and Planning--------------------------------------------------------------- ---------------------------
P 07 3452 6741 MLevel 13 1 William Street Brisbane QLD 4000PO Box 15009 City East QLD 4002wwwdsdmipqldgovau
From Anthony Martini [mailtoAnthonyMartinimoretonbayqldgovau] Sent Tuesday 10 July 2018 108 PMTo Graeme Bolton ltGraemeBoltondsdmipqldgovaugtCc Ann Abbott ltAnnAbbottmoretonbayqldgovaugt Stewart PentlandltStewartPentlandmoretonbayqldgovaugt Kerry Doss ltKerryDossdsdmipqldgovaugtSubject Moreton Bay Regional Council - Amendment to Planning Scheme Progress
RTI1819-035-DSDMIP - Page 39 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
Hi Graeme Appreciate that you are busy however I have endeavoured to make contact with you over thepast few days for the purposes of understanding where we are at with regards to receiving apartial or full draft condition set to the amendment to the planning scheme It is nearly 4 weeks since we first met at which meeting MBRC offered to remove the CIA andservice areas non service areas from the amendment and provided shortly thereafter a tablesummary of these changes for further discussion and guidance for the State and MBRC to workthrough You have advised that these changes are agreed in principle You have also advised that thechanges need to be worked through I am in a position where I need some information from you as to what is occurring and when toprovide to the CEO and Mayor From MBRCrsquos perspective we have undertaken all that has beenasked of MBRC - removed the CIA and the servicenon service area references Is there anythingelse which MBRC needs to consider I await your advice Thanks Tony
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in thise-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are nota named recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legalprivilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete allcopies immediately and contact the sender to advise of the errorIt is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liabilityfor loss or damage arising directly or indirectly from opening this email opening any attachments or any communication errorsThe views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 40 of 55
From Graeme BoltonTo Anthony MartiniCc Stewart Pentland Kerry Doss Garth NolanSubject RE Update on draft conditionsDate Thursday 5 July 2018 30400 PMAttachments image001png
image002png
Hi Tony I appreciate your concerns and we are progressing this as fast as possible As you can alsohopefully appreciate the amendment in its own right is a very large and complex document Thechanges being proposed are not unsubstantial and have multiple unintended consequencesmany of which have the potential to adversely affect matters of state interest As such we aretrying to resolve these to an acceptable level (for the state) before sharing these with you I will forward these to you as soon as possible Regards Graeme
Graeme BoltonExecutive Director Planning and Development ServicesPlanning GroupDepartment of State Development Manufacturing Infrastructure and Planning---------------------------------------------------------------------------------------------------------------------------------------------
P 07 3452 6741 MLevel 13 1 William Street Brisbane QLD 4000PO Box 15009 City East QLD 4002wwwdsdmipqldgovau
From Anthony Martini [mailtoAnthonyMartinimoretonbayqldgovau] Sent Tuesday 3 July 2018 543 PMTo Graeme Bolton ltGraemeBoltondsdmipqldgovaugtCc Stewart Pentland ltStewartPentlandmoretonbayqldgovaugt Kerry DossltKerryDossdsdmipqldgovaugt Garth Nolan ltGarthNolandsdmipqldgovaugtSubject RE Update on draft conditions Hi Graeme Thank you for the update It would be good to catch up sooner rather than later as it is fast approaching 3 weeks since ourinitial meeting I can advise that the Mayor sought advice from me as to where the amendmentwas at - as I had advised him 10 days ago that a draft set was to be available with a day or so As discussed our preference is to collaboratively work on the content of the draft conditions Itwould be appreciated if you could send through the balance of the approval and conditions now
RTI1819-035-DSDMIP - Page 41 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
this will enable us to get the process moving Thanks Tony
From Graeme Bolton [mailtoGraemeBoltondsdmipqldgovau] Sent Tuesday 3 July 2018 307 PMTo Anthony Martini ltAnthonyMartinimoretonbayqldgovaugtCc Stewart Pentland ltStewartPentlandmoretonbayqldgovaugt Kerry DossltKerryDossdsdmipqldgovaugt Garth Nolan ltGarthNolandsdmipqldgovaugtSubject Update on draft conditions Hi Tony As previously advised I met with senior officers from DTMR today to discuss some concernstheyrsquove raised in respect to conditioning the proposed amendment I believe we have a wayforward and DTMR are working on a couple of options as a matter of priority I am expecting tohave something back from DTMR mid next week We will continue to work closely with them totry and get something out sooner As previously discussed we will share the draft conditions once we are satisfied with them Wewould be happy to work with you to ensure they are workable from councilrsquos perspective Regards Graeme
Graeme BoltonExecutive Director Planning and Development ServicesPlanning GroupDepartment of State Development Manufacturing Infrastructure and Planning---------------------------------------------------------------- -------------------------------
P 07 3452 6741 MLevel 13 1 William Street Brisbane QLD 4000PO Box 15009 City East QLD 4002wwwdsdmipqldgovau
This email and any attachments may contain confidential or privileged information and may be protected by copyright Youmust not use or disclose them other than for the purposes for which they were supplied The confidentiality and privilegeattached to this message and attachment is not waived by reason of mistaken delivery to you If you are not the intendedrecipient you must not use disclose retain forward or reproduce this message or any attachments If you receive thismessage in error please notify the sender by return email or telephone and destroy and delete all copies The Departmentdoes not accept any responsibility for any loss or damage that may result from reliance on or use of any informationcontained in this email andor attachments
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in this
e-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are not
RTI1819-035-DSDMIP - Page 42 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
a named recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legal
privilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete all
copies immediately and contact the sender to advise of the error
It is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liability
for loss or damage arising directly or indirectly from opening this email opening any attachments or any communication errors
The views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 43 of 55
RTI1819-035-DSDMIP - Page 44 of 55
RTI1819-035-DSDMIP - Page 45 of 55
RTI1819-035-DSDMIP - Page 46 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
RTI1819-035-DSDMIP - Page 47 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
RTI1819-035-DSDMIP - Page 48 of 55
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RTI1819-035-DSDMIP - Page 50 of 55
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Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
RTI1819-035-DSDMIP - Page 53 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
RTI1819-035-DSDMIP - Page 54 of 55
RTI1819-035-DSDMIP - Page 55 of 55
a named recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legalprivilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete allcopies immediately and contact the sender to advise of the errorIt is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liabilityfor loss or damage arising directly or indirectly from opening this email opening any attachments or any communication errorsThe views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
This email and any attachments may contain confidential or privileged information and may be protected by copyright Youmust not use or disclose them other than for the purposes for which they were supplied The confidentiality and privilegeattached to this message and attachment is not waived by reason of mistaken delivery to you If you are not the intendedrecipient you must not use disclose retain forward or reproduce this message or any attachments If you receive thismessage in error please notify the sender by return email or telephone and destroy and delete all copies The Departmentdoes not accept any responsibility for any loss or damage that may result from reliance on or use of any informationcontained in this email andor attachments
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in thise-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are nota named recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legalprivilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete allcopies immediately and contact the sender to advise of the errorIt is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liabilityfor loss or damage arising directly or indirectly from opening this email opening any attachments or any communication errorsThe views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 28 of 55
1
Anne Wood
Subject Discussion regarding DILGPs position and proposed changes to MBRC - Major Amendment 2Location ltlt1 William Street (1WS) - 36 Floor - Meet 3614gtgt
Organizer Cindy WaltonRequired AttendeesCindy Walton Barbara Ryan Christine ONeill kateislesmoretonbayqldgovau
stewartpentlandmoretonbayqldgovau Graeme Bolton Tess PickeringOptional AttendeesBen Caldwell Ian Wright
Booking Confirmation Your room booking has been accepted with the following booking confirmation details below Building 1 William Street (1WS) Floor 36 Room Meet 3614 Room Setup Meeting Room Info Number Attending 12 Date 12 May 2017 From 1100AM To 1230PM Booked By Cindy Walton Host Cindy Walton Booking ID148766 To Join the meeting please dial sip+61730272906qgaaadqldgovau Notes Recurrence Dates Note 1 If you have booked conferencing resources please cut and paste above meeting details to the Outlook meeting invitation and send update 2 For an audio connection users dial the number only 3 For video (Skype) connections users dial the full address
Organizer Anthony MartiniResources Room - Strathpine Room 2A
Good morning The venue for this meeting is Councilrsquos Strathpine office at 220 Gympie Road Strathpine Entrance to the office is via Customer Service in Hall Street where parking is available on street Upon arrival at customer service you will be asked to complete visitor paperwork and then escorted to meeting room 2A Should you have any queries regarding this meeting request please contact me as below Kind regards Ann Abbott Operations Coordinator Engineering Construction amp Maintenance Moreton Bay Regional Council Stage 3 220 Gympie Road Strathpine P 07 3480 6233 E annabbottmoretonbayqldgovau
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in this e-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are not a named recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legal privilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete all copies immediately and contact the sender to advise of the error It is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liability for loss or damage arising directly or indirectly from opening this email opening any attachments or any communication errors The views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 30 of 55
1
Anne Wood
Subject MBRC Location 1 William St Level 12 Room 1214
Shortly you will receive an email invite to enter 1 William st with instructions on what you will need to provide to
Concierge
I will meet your party in the foyer once you have signed in
Kind regards
Anne
Anne Wood AExecutive Assistant Planning and Development Services | Brisbane Department of State Development Manufacturing Infrastructure and Planning Level 13 1 William St Brisbane QLD 4000 p 07 3452 7115 | e annewooddilgpqldgovau
RTI1819-035-DSDMIP - Page 31 of 55
From Graeme BoltonTo Anthony MartiniCc Stewart Pentland Kerry Doss Megan BayntunSubject RE MBRC Planning Scheme Amendment Meeting 13062018Date Friday 22 June 2018 64200 PMAttachments image001png
Dear Tony Please accept my apologies for not being able to get back to you earlier today As indicated in mymessage I was unexpectedly tied up all afternoon in an emergent and urgent issue I have reviewed the provided table and support in principle the matters identified in column fourIn respect to the matters identified in column five I can understand and again support in theprinciple the need for additional changes However the extent of changes will need to satisfy thesignificantly different test This is something that the department and Minister cannot resolvefrom This may mean that the desired changes may need to be tempered with what can besupported at this point in time and further decisions made by the council in respect to the riskprofile and whether or not to proceed with particular elements In addition to the above we have examined a couple of mechanisms that may be open to theMinister in deciding the proposed amendment In short we are exploring (a) the ability to partrefuse and part approve subject to conditions or (b) to solely condition The key consideration isto ensure whatever recommendation is made to the Minister the eventual decision can withstandclose scrutiny In both options given the volume of changes we would be also recommending tothe Minister a closing condition that requires the council to submit the changed amendment forendorsement by the Chief Executive prior to adoption by the council Finally as discussed at our last meeting through the second state interest review the Departmentof Environment and Science (DES) identified concerns in relation to koala habitat and the WarnerInvestigation Area structure plan I have been chasing (and have not yet received) additionalinformation and mapping from DES in relation to this At this point in time we would be looking toinclude a condition addresses the protection of the remaining koala habitat I am hoping to getgreater clarity and certainty on this (in terms of scale and location) in the coming days I will give you a call on Monday to discuss Please do not hesitate to contact me in the interimshould you have questions or concerns Regards Graeme
Graeme BoltonExecutive Director Planning and Development ServicesPlanning GroupDepartment of State Development Manufacturing Infrastructure and Planning---------------------------------------------------------------------------------------------------------------------------------------------
P 07 3452 6741 MLevel 13 1 William Street Brisbane QLD 4000
RTI1819-035-DSDMIP - Page 32 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
Summary of Proposed Planning Scheme Amendment
MBRC policy end Current MBRC Planning Scheme
Advertised Proposed Planning Scheme
Amendment
Amended Proposed Planning Scheme
Amendment
Other necessary changes to achieve MBRC policy end
Substantial change
Warner growth area - o Enable conversion of existing
industryrural residential to transition to residential outcomes
o Conversion consistent with the SEQ Regional Plan identification of Warner for growth
Industry zone and rural residential surrounded by existing residential and main roads Preliminary approval (Variation) would involve - Impact assessment - Major non-compliance with the
assessment benchmarks
- Zone change to Emerging
Community - Overlay map - Structure
planned area - Level of assessment - Service Area - RAL Code
assessment No Service Area - RAL
Impact assessment
Changes - Delete reference to CIA - Delete reference to service area
non service area Result - No change to Overlay map -
Structure planned area - Level of Assessment - RAL
Code assessment
Strengthening of assessment benchmarks required in the Emerging Community Zone Code andor RAL Code - Emerging Community Zone to assist code assessment
No Maintain overlay map as advertised maintain Level of Assessment remove reference to CIA and remove reference to Service Area and Non-Service Area
Caboolture West growth area - (Area 1) - o Enable Area 1 to proceed to
development including residential and local centre
o Consistent with the SEQ Regional Planrsquos identification of Caboolture West as an expansion area
Preliminary approval (Variation) would involve - Impact assessment - Major non-compliance with the
assessment benchmarks without a Neighhourhood Development Plan for Area 1
- Area 1 - Overlay map -
Structure planned area - Level of assessment Service Area - RAL Code
assessment Non Service Area - RAL
Impact assessment
Changes - Delete reference to CIA - Delete reference to service area
non service area Result - No change to Overlay map -
Structure planned area - Level of assessment - RAL Code
assessment for SPA1
Strengthening of assessment benchmarks required in the Local Plan Zone Code andor RAL Code - Emerging Community Zone to assist code assessment
No Maintain overlay map as advertised maintain Level of Assessment remove reference to CIA remove reference to Service Area and Non-Service Area
Caboolture West growth area - (Balance of Caboolture West) - o Enable subsequent stages to
be structure planned and released through future scheme amendments
Preliminary approval (Variation) would involve - Impact assessment - Major non-compliance with the
assessment benchmarks without a Neighhourhood Development Plan for the relevant area
- Overlay map - Future Structure
plan area - Level of assessment - Impact assessment
Changes - Delete reference to CIA - Delete reference to service area
non service area Result - No change to Overlay map -
Future Structure plan area - Level of assessment - Impact
assessment
Revisit strategic framework to delete CIA and ensure strategic outcomes accurately reflect the future timing of these fronts
No Maintain overlay map as advertised remove reference to CIA Minor change to the strategic framework
Other growth areas to be structure planned and held subject to planning infrastructure requirements and financial obligations being determined o Morayfield o Burpengary east o Narangba east o Joyner
RAL application would involve - Code assessment - Major non-compliance with the
assessment benchmarks in the absence of integrated land use and infrastructure planning
MCU application would involve impact assessment
- Overlay Map - Future structure
planned area - Level of assessment - RAL
Impact assessment - Major non-compliance with the
assessment benchmarks in the absence of integrated land use and infrastructure planning including the strategic outcomes
Changes - Delete references to CIA in the
strategic framework - Delete references to service
area non service area Result - No change to Overlay map -
Future structure planned area
Revisit strategic framework to delete CIA and ensure strategic outcomes accurately reflect the future timing of these fronts
No Maintain overlay map as advertised maintain Level of Assessment and remove reference to CIA
MBRC policy end Current MBRC Planning
Scheme Advertised Proposed
Planning Scheme Amendment
Amended Proposed Planning Scheme
Amendment
Other necessary changes to achieve MBRC policy end
Substantial change
- No change to Level of assessment - RAL Impact assessment
Balance of Proposed Planning Scheme Amendment
Not applicable
Changes proposed (carports setbacks sheds etc)
No further changes to the proposed Planning Scheme Amendment as provided post consultation
Not applicable
Not applicable
PO Box 15009 City East QLD 4002wwwdsdmipqldgovau
From Stewart Pentland [mailtoStewartPentlandmoretonbayqldgovau] Sent Thursday 14 June 2018 1234 PMTo Kerry Doss ltKerryDossdsdmipqldgovaugt Graeme BoltonltGraemeBoltondsdmipqldgovaugt Megan Bayntun ltMeganBayntundsdmipqldgovaugtCc Anthony Martini ltAnthonyMartinimoretonbayqldgovaugtSubject MBRC Planning Scheme Amendment Meeting 13062018 Graeme Kerry and Megan Thank you for your time yesterday Tony and I found the meeting most useful As discussed and agreed in principle
1 Council would document a series of proposed changes to the existing Planning SchemeAmendment that responds to the States direction to remove reference to the CIA andassociated service area non-service area concepts (see attached)
2 Subject to an iterative process between the State and council this information would thenform the basis of a conditional approval of the current major scheme amendment amp
3 The existing amendment would then be finalised by way of a conditional approval consistentwith points 1 and 2 above ASAP
Please find attached a first draft table outlining what are considered to be the necessary changesto the current amendment We would welcome your thoughts on this so that we can continue todevelop its contents with you I note you indicated that for this approach to be utilised you would need to be comfortable thatthe type of changes proposed did not constitute a substantial change As a consequence we haveincluded a column (Substantial change) that includes our appraisal of each proposed change Againwe would welcome your thoughts on this matter also It would be good to progress this matter ASAP In doing so it would be appreciated if you couldadvise when you consider you may be able to provide a response to these initial draftrepresentations In the interim should you require anything further please let me know Regards Stewart PentlandDirectorPlanning and Economic DevelopmentMoreton Bay Regional Council2 Hasking Street Caboolture Qld 4510P 07 5433 2023M Email stewartpentlandmoretonbayqldgovauwwwmoretonbayqldgovau
RTI1819-035-DSDMIP - Page 33 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in this e-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are not anamed recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legalprivilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete all copiesimmediately and contact the sender to advise of the errorIt is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liability forloss or damage arising directly or indirectly from opening this email opening any attachments or any communication errorsThe views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 34 of 55
Summary of Proposed Planning Scheme Amendment
MBRC policy end Current MBRC Planning Scheme
Advertised Proposed Planning Scheme
Amendment
Amended Proposed Planning Scheme
Amendment
Other necessary changes to achieve MBRC policy end
Substantial change
Warner growth area - o Enable conversion of existing
industryrural residential to transition to residential outcomes
o Conversion consistent with the SEQ Regional Plan identification of Warner for growth
Industry zone and rural residential surrounded by existing residential and main roads Preliminary approval (Variation) would involve - Impact assessment - Major non-compliance with the
assessment benchmarks
- Zone change to Emerging
Community - Overlay map - Structure
planned area - Level of assessment - Service Area - RAL Code
assessment No Service Area - RAL
Impact assessment
Changes - Delete reference to CIA - Delete reference to service area
non service area Result - No change to Overlay map -
Structure planned area - Level of Assessment - RAL
Code assessment
Strengthening of assessment benchmarks required in the Emerging Community Zone Code andor RAL Code - Emerging Community Zone to assist code assessment
No Maintain overlay map as advertised maintain Level of Assessment remove reference to CIA and remove reference to Service Area and Non-Service Area
Caboolture West growth area - (Area 1) - o Enable Area 1 to proceed to
development including residential and local centre
o Consistent with the SEQ Regional Planrsquos identification of Caboolture West as an expansion area
Preliminary approval (Variation) would involve - Impact assessment - Major non-compliance with the
assessment benchmarks without a Neighhourhood Development Plan for Area 1
- Area 1 - Overlay map -
Structure planned area - Level of assessment Service Area - RAL Code
assessment Non Service Area - RAL
Impact assessment
Changes - Delete reference to CIA - Delete reference to service area
non service area Result - No change to Overlay map -
Structure planned area - Level of assessment - RAL Code
assessment for SPA1
Strengthening of assessment benchmarks required in the Local Plan Zone Code andor RAL Code - Emerging Community Zone to assist code assessment
No Maintain overlay map as advertised maintain Level of Assessment remove reference to CIA remove reference to Service Area and Non-Service Area
Caboolture West growth area - (Balance of Caboolture West) - o Enable subsequent stages to
be structure planned and released through future scheme amendments
Preliminary approval (Variation) would involve - Impact assessment - Major non-compliance with the
assessment benchmarks without a Neighhourhood Development Plan for the relevant area
- Overlay map - Future Structure
plan area - Level of assessment - Impact assessment
Changes - Delete reference to CIA - Delete reference to service area
non service area Result - No change to Overlay map -
Future Structure plan area - Level of assessment - Impact
assessment
Revisit strategic framework to delete CIA and ensure strategic outcomes accurately reflect the future timing of these fronts
No Maintain overlay map as advertised remove reference to CIA Minor change to the strategic framework
Other growth areas to be structure planned and held subject to planning infrastructure requirements and financial obligations being determined o Morayfield o Burpengary east o Narangba east o Joyner
RAL application would involve - Code assessment - Major non-compliance with the
assessment benchmarks in the absence of integrated land use and infrastructure planning
MCU application would involve impact assessment
- Overlay Map - Future structure
planned area - Level of assessment - RAL
Impact assessment - Major non-compliance with the
assessment benchmarks in the absence of integrated land use and infrastructure planning including the strategic outcomes
Changes - Delete references to CIA in the
strategic framework - Delete references to service
area non service area Result - No change to Overlay map -
Future structure planned area
Revisit strategic framework to delete CIA and ensure strategic outcomes accurately reflect the future timing of these fronts
No Maintain overlay map as advertised maintain Level of Assessment and remove reference to CIA
RTI1819-035-DSDMIP - Page 35 of 55
MBRC policy end Current MBRC Planning
Scheme Advertised Proposed
Planning Scheme Amendment
Amended Proposed Planning Scheme
Amendment
Other necessary changes to achieve MBRC policy end
Substantial change
- No change to Level of assessment - RAL Impact assessment
Balance of Proposed Planning Scheme Amendment
Not applicable
Changes proposed (carports setbacks sheds etc)
No further changes to the proposed Planning Scheme Amendment as provided post consultation
Not applicable
Not applicable
RTI1819-035-DSDMIP - Page 36 of 55
From Graeme BoltonTo Stewart Pentland Kerry Doss Megan BayntunCc Anthony MartiniSubject RE MBRC Planning Scheme Amendment Meeting 13062018Date Monday 18 June 2018 82200 AMAttachments image001png
image002jpg
Hi Stewart Thank you for providing the attached table and below information As per Kerryrsquos email we willreview and respond as soon as possible Regards Graeme
Graeme BoltonExecutive Director Planning and Development ServicesPlanning GroupDepartment of State Development Manufacturing Infrastructure and Planning---------------------------------------------------------------------------------------------------------------------------------------------
P 07 3452 6741 MLevel 13 1 William Street Brisbane QLD 4000PO Box 15009 City East QLD 4002wwwdsdmipqldgovau
From Stewart Pentland [mailtoStewartPentlandmoretonbayqldgovau] Sent Thursday 14 June 2018 1234 PMTo Kerry Doss ltKerryDossdsdmipqldgovaugt Graeme BoltonltGraemeBoltondsdmipqldgovaugt Megan Bayntun ltMeganBayntundsdmipqldgovaugtCc Anthony Martini ltAnthonyMartinimoretonbayqldgovaugtSubject MBRC Planning Scheme Amendment Meeting 13062018 Graeme Kerry and Megan Thank you for your time yesterday Tony and I found the meeting most useful As discussed and agreed in principle
1 Council would document a series of proposed changes to the existing Planning SchemeAmendment that responds to the States direction to remove reference to the CIA andassociated service area non-service area concepts (see attached)
2 Subject to an iterative process between the State and council this information would thenform the basis of a conditional approval of the current major scheme amendment amp
3 The existing amendment would then be finalised by way of a conditional approval consistentwith points 1 and 2 above ASAP
RTI1819-035-DSDMIP - Page 37 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
Please find attached a first draft table outlining what are considered to be the necessary changesto the current amendment We would welcome your thoughts on this so that we can continue todevelop its contents with you I note you indicated that for this approach to be utilised you would need to be comfortable thatthe type of changes proposed did not constitute a substantial change As a consequence we haveincluded a column (Substantial change) that includes our appraisal of each proposed change Againwe would welcome your thoughts on this matter also It would be good to progress this matter ASAP In doing so it would be appreciated if you couldadvise when you consider you may be able to provide a response to these initial draftrepresentations In the interim should you require anything further please let me know Regards Stewart PentlandDirectorPlanning and Economic DevelopmentMoreton Bay Regional Council2 Hasking Street Caboolture Qld 4510P 07 5433 2023M Email stewartpentlandmoretonbayqldgovauwwwmoretonbayqldgovau CCR3_email_signhr
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in this e-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are not anamed recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legalprivilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete all copiesimmediately and contact the sender to advise of the errorIt is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liability forloss or damage arising directly or indirectly from opening this email opening any attachments or any communication errorsThe views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 38 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
From Graeme BoltonTo Anthony MartiniCc Ann Abbott Stewart Pentland Kerry DossSubject RE Moreton Bay Regional Council - Amendment to Planning Scheme ProgressDate Tuesday 10 July 2018 65800 PMAttachments image001png
Good afternoon Tony Thank you for your email below I do apologise for not being able to take your call I was in ameeting and then subsequently on a teleconference when you phoned As discussed last week we met with DTMR officers who agreed to provide us with additionalinformation by tomorrow We greatly appreciate the councilrsquos willingness to work with the department to find a wayforward However given the complexity of the amendments it is not as easy as you portray tohave ldquoremoved the CIA and the servicenon service area referencesrdquo All we have at this point intime is a high level table with expressed intent To give effect to this intent involves significantchanges to the proposed amendment and carries a very high risk of unintended consequencesfor the operation of the planning scheme and potential lawfulness of the amendment I amextremely concerned about agreeing to something now only to find out after the Minister hasconditionally approved the amendment that the expressed intent cannot be delivered We are endeavouring to find a solution I will advise further once we have received theadditional information from DTMR Regards Graeme
Graeme BoltonExecutive Director Planning and Development ServicesPlanning GroupDepartment of State Development Manufacturing Infrastructure and Planning--------------------------------------------------------------- ---------------------------
P 07 3452 6741 MLevel 13 1 William Street Brisbane QLD 4000PO Box 15009 City East QLD 4002wwwdsdmipqldgovau
From Anthony Martini [mailtoAnthonyMartinimoretonbayqldgovau] Sent Tuesday 10 July 2018 108 PMTo Graeme Bolton ltGraemeBoltondsdmipqldgovaugtCc Ann Abbott ltAnnAbbottmoretonbayqldgovaugt Stewart PentlandltStewartPentlandmoretonbayqldgovaugt Kerry Doss ltKerryDossdsdmipqldgovaugtSubject Moreton Bay Regional Council - Amendment to Planning Scheme Progress
RTI1819-035-DSDMIP - Page 39 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
Hi Graeme Appreciate that you are busy however I have endeavoured to make contact with you over thepast few days for the purposes of understanding where we are at with regards to receiving apartial or full draft condition set to the amendment to the planning scheme It is nearly 4 weeks since we first met at which meeting MBRC offered to remove the CIA andservice areas non service areas from the amendment and provided shortly thereafter a tablesummary of these changes for further discussion and guidance for the State and MBRC to workthrough You have advised that these changes are agreed in principle You have also advised that thechanges need to be worked through I am in a position where I need some information from you as to what is occurring and when toprovide to the CEO and Mayor From MBRCrsquos perspective we have undertaken all that has beenasked of MBRC - removed the CIA and the servicenon service area references Is there anythingelse which MBRC needs to consider I await your advice Thanks Tony
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in thise-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are nota named recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legalprivilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete allcopies immediately and contact the sender to advise of the errorIt is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liabilityfor loss or damage arising directly or indirectly from opening this email opening any attachments or any communication errorsThe views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 40 of 55
From Graeme BoltonTo Anthony MartiniCc Stewart Pentland Kerry Doss Garth NolanSubject RE Update on draft conditionsDate Thursday 5 July 2018 30400 PMAttachments image001png
image002png
Hi Tony I appreciate your concerns and we are progressing this as fast as possible As you can alsohopefully appreciate the amendment in its own right is a very large and complex document Thechanges being proposed are not unsubstantial and have multiple unintended consequencesmany of which have the potential to adversely affect matters of state interest As such we aretrying to resolve these to an acceptable level (for the state) before sharing these with you I will forward these to you as soon as possible Regards Graeme
Graeme BoltonExecutive Director Planning and Development ServicesPlanning GroupDepartment of State Development Manufacturing Infrastructure and Planning---------------------------------------------------------------------------------------------------------------------------------------------
P 07 3452 6741 MLevel 13 1 William Street Brisbane QLD 4000PO Box 15009 City East QLD 4002wwwdsdmipqldgovau
From Anthony Martini [mailtoAnthonyMartinimoretonbayqldgovau] Sent Tuesday 3 July 2018 543 PMTo Graeme Bolton ltGraemeBoltondsdmipqldgovaugtCc Stewart Pentland ltStewartPentlandmoretonbayqldgovaugt Kerry DossltKerryDossdsdmipqldgovaugt Garth Nolan ltGarthNolandsdmipqldgovaugtSubject RE Update on draft conditions Hi Graeme Thank you for the update It would be good to catch up sooner rather than later as it is fast approaching 3 weeks since ourinitial meeting I can advise that the Mayor sought advice from me as to where the amendmentwas at - as I had advised him 10 days ago that a draft set was to be available with a day or so As discussed our preference is to collaboratively work on the content of the draft conditions Itwould be appreciated if you could send through the balance of the approval and conditions now
RTI1819-035-DSDMIP - Page 41 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
this will enable us to get the process moving Thanks Tony
From Graeme Bolton [mailtoGraemeBoltondsdmipqldgovau] Sent Tuesday 3 July 2018 307 PMTo Anthony Martini ltAnthonyMartinimoretonbayqldgovaugtCc Stewart Pentland ltStewartPentlandmoretonbayqldgovaugt Kerry DossltKerryDossdsdmipqldgovaugt Garth Nolan ltGarthNolandsdmipqldgovaugtSubject Update on draft conditions Hi Tony As previously advised I met with senior officers from DTMR today to discuss some concernstheyrsquove raised in respect to conditioning the proposed amendment I believe we have a wayforward and DTMR are working on a couple of options as a matter of priority I am expecting tohave something back from DTMR mid next week We will continue to work closely with them totry and get something out sooner As previously discussed we will share the draft conditions once we are satisfied with them Wewould be happy to work with you to ensure they are workable from councilrsquos perspective Regards Graeme
Graeme BoltonExecutive Director Planning and Development ServicesPlanning GroupDepartment of State Development Manufacturing Infrastructure and Planning---------------------------------------------------------------- -------------------------------
P 07 3452 6741 MLevel 13 1 William Street Brisbane QLD 4000PO Box 15009 City East QLD 4002wwwdsdmipqldgovau
This email and any attachments may contain confidential or privileged information and may be protected by copyright Youmust not use or disclose them other than for the purposes for which they were supplied The confidentiality and privilegeattached to this message and attachment is not waived by reason of mistaken delivery to you If you are not the intendedrecipient you must not use disclose retain forward or reproduce this message or any attachments If you receive thismessage in error please notify the sender by return email or telephone and destroy and delete all copies The Departmentdoes not accept any responsibility for any loss or damage that may result from reliance on or use of any informationcontained in this email andor attachments
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in this
e-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are not
RTI1819-035-DSDMIP - Page 42 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
a named recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legal
privilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete all
copies immediately and contact the sender to advise of the error
It is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liability
for loss or damage arising directly or indirectly from opening this email opening any attachments or any communication errors
The views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 43 of 55
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RTI1819-035-DSDMIP - Page 45 of 55
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Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
RTI1819-035-DSDMIP - Page 47 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
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RTI1819-035-DSDMIP - Page 54 of 55
RTI1819-035-DSDMIP - Page 55 of 55
1
Anne Wood
Subject Discussion regarding DILGPs position and proposed changes to MBRC - Major Amendment 2Location ltlt1 William Street (1WS) - 36 Floor - Meet 3614gtgt
Organizer Cindy WaltonRequired AttendeesCindy Walton Barbara Ryan Christine ONeill kateislesmoretonbayqldgovau
stewartpentlandmoretonbayqldgovau Graeme Bolton Tess PickeringOptional AttendeesBen Caldwell Ian Wright
Booking Confirmation Your room booking has been accepted with the following booking confirmation details below Building 1 William Street (1WS) Floor 36 Room Meet 3614 Room Setup Meeting Room Info Number Attending 12 Date 12 May 2017 From 1100AM To 1230PM Booked By Cindy Walton Host Cindy Walton Booking ID148766 To Join the meeting please dial sip+61730272906qgaaadqldgovau Notes Recurrence Dates Note 1 If you have booked conferencing resources please cut and paste above meeting details to the Outlook meeting invitation and send update 2 For an audio connection users dial the number only 3 For video (Skype) connections users dial the full address
Organizer Anthony MartiniResources Room - Strathpine Room 2A
Good morning The venue for this meeting is Councilrsquos Strathpine office at 220 Gympie Road Strathpine Entrance to the office is via Customer Service in Hall Street where parking is available on street Upon arrival at customer service you will be asked to complete visitor paperwork and then escorted to meeting room 2A Should you have any queries regarding this meeting request please contact me as below Kind regards Ann Abbott Operations Coordinator Engineering Construction amp Maintenance Moreton Bay Regional Council Stage 3 220 Gympie Road Strathpine P 07 3480 6233 E annabbottmoretonbayqldgovau
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in this e-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are not a named recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legal privilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete all copies immediately and contact the sender to advise of the error It is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liability for loss or damage arising directly or indirectly from opening this email opening any attachments or any communication errors The views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 30 of 55
1
Anne Wood
Subject MBRC Location 1 William St Level 12 Room 1214
Shortly you will receive an email invite to enter 1 William st with instructions on what you will need to provide to
Concierge
I will meet your party in the foyer once you have signed in
Kind regards
Anne
Anne Wood AExecutive Assistant Planning and Development Services | Brisbane Department of State Development Manufacturing Infrastructure and Planning Level 13 1 William St Brisbane QLD 4000 p 07 3452 7115 | e annewooddilgpqldgovau
RTI1819-035-DSDMIP - Page 31 of 55
From Graeme BoltonTo Anthony MartiniCc Stewart Pentland Kerry Doss Megan BayntunSubject RE MBRC Planning Scheme Amendment Meeting 13062018Date Friday 22 June 2018 64200 PMAttachments image001png
Dear Tony Please accept my apologies for not being able to get back to you earlier today As indicated in mymessage I was unexpectedly tied up all afternoon in an emergent and urgent issue I have reviewed the provided table and support in principle the matters identified in column fourIn respect to the matters identified in column five I can understand and again support in theprinciple the need for additional changes However the extent of changes will need to satisfy thesignificantly different test This is something that the department and Minister cannot resolvefrom This may mean that the desired changes may need to be tempered with what can besupported at this point in time and further decisions made by the council in respect to the riskprofile and whether or not to proceed with particular elements In addition to the above we have examined a couple of mechanisms that may be open to theMinister in deciding the proposed amendment In short we are exploring (a) the ability to partrefuse and part approve subject to conditions or (b) to solely condition The key consideration isto ensure whatever recommendation is made to the Minister the eventual decision can withstandclose scrutiny In both options given the volume of changes we would be also recommending tothe Minister a closing condition that requires the council to submit the changed amendment forendorsement by the Chief Executive prior to adoption by the council Finally as discussed at our last meeting through the second state interest review the Departmentof Environment and Science (DES) identified concerns in relation to koala habitat and the WarnerInvestigation Area structure plan I have been chasing (and have not yet received) additionalinformation and mapping from DES in relation to this At this point in time we would be looking toinclude a condition addresses the protection of the remaining koala habitat I am hoping to getgreater clarity and certainty on this (in terms of scale and location) in the coming days I will give you a call on Monday to discuss Please do not hesitate to contact me in the interimshould you have questions or concerns Regards Graeme
Graeme BoltonExecutive Director Planning and Development ServicesPlanning GroupDepartment of State Development Manufacturing Infrastructure and Planning---------------------------------------------------------------------------------------------------------------------------------------------
P 07 3452 6741 MLevel 13 1 William Street Brisbane QLD 4000
RTI1819-035-DSDMIP - Page 32 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
Summary of Proposed Planning Scheme Amendment
MBRC policy end Current MBRC Planning Scheme
Advertised Proposed Planning Scheme
Amendment
Amended Proposed Planning Scheme
Amendment
Other necessary changes to achieve MBRC policy end
Substantial change
Warner growth area - o Enable conversion of existing
industryrural residential to transition to residential outcomes
o Conversion consistent with the SEQ Regional Plan identification of Warner for growth
Industry zone and rural residential surrounded by existing residential and main roads Preliminary approval (Variation) would involve - Impact assessment - Major non-compliance with the
assessment benchmarks
- Zone change to Emerging
Community - Overlay map - Structure
planned area - Level of assessment - Service Area - RAL Code
assessment No Service Area - RAL
Impact assessment
Changes - Delete reference to CIA - Delete reference to service area
non service area Result - No change to Overlay map -
Structure planned area - Level of Assessment - RAL
Code assessment
Strengthening of assessment benchmarks required in the Emerging Community Zone Code andor RAL Code - Emerging Community Zone to assist code assessment
No Maintain overlay map as advertised maintain Level of Assessment remove reference to CIA and remove reference to Service Area and Non-Service Area
Caboolture West growth area - (Area 1) - o Enable Area 1 to proceed to
development including residential and local centre
o Consistent with the SEQ Regional Planrsquos identification of Caboolture West as an expansion area
Preliminary approval (Variation) would involve - Impact assessment - Major non-compliance with the
assessment benchmarks without a Neighhourhood Development Plan for Area 1
- Area 1 - Overlay map -
Structure planned area - Level of assessment Service Area - RAL Code
assessment Non Service Area - RAL
Impact assessment
Changes - Delete reference to CIA - Delete reference to service area
non service area Result - No change to Overlay map -
Structure planned area - Level of assessment - RAL Code
assessment for SPA1
Strengthening of assessment benchmarks required in the Local Plan Zone Code andor RAL Code - Emerging Community Zone to assist code assessment
No Maintain overlay map as advertised maintain Level of Assessment remove reference to CIA remove reference to Service Area and Non-Service Area
Caboolture West growth area - (Balance of Caboolture West) - o Enable subsequent stages to
be structure planned and released through future scheme amendments
Preliminary approval (Variation) would involve - Impact assessment - Major non-compliance with the
assessment benchmarks without a Neighhourhood Development Plan for the relevant area
- Overlay map - Future Structure
plan area - Level of assessment - Impact assessment
Changes - Delete reference to CIA - Delete reference to service area
non service area Result - No change to Overlay map -
Future Structure plan area - Level of assessment - Impact
assessment
Revisit strategic framework to delete CIA and ensure strategic outcomes accurately reflect the future timing of these fronts
No Maintain overlay map as advertised remove reference to CIA Minor change to the strategic framework
Other growth areas to be structure planned and held subject to planning infrastructure requirements and financial obligations being determined o Morayfield o Burpengary east o Narangba east o Joyner
RAL application would involve - Code assessment - Major non-compliance with the
assessment benchmarks in the absence of integrated land use and infrastructure planning
MCU application would involve impact assessment
- Overlay Map - Future structure
planned area - Level of assessment - RAL
Impact assessment - Major non-compliance with the
assessment benchmarks in the absence of integrated land use and infrastructure planning including the strategic outcomes
Changes - Delete references to CIA in the
strategic framework - Delete references to service
area non service area Result - No change to Overlay map -
Future structure planned area
Revisit strategic framework to delete CIA and ensure strategic outcomes accurately reflect the future timing of these fronts
No Maintain overlay map as advertised maintain Level of Assessment and remove reference to CIA
MBRC policy end Current MBRC Planning
Scheme Advertised Proposed
Planning Scheme Amendment
Amended Proposed Planning Scheme
Amendment
Other necessary changes to achieve MBRC policy end
Substantial change
- No change to Level of assessment - RAL Impact assessment
Balance of Proposed Planning Scheme Amendment
Not applicable
Changes proposed (carports setbacks sheds etc)
No further changes to the proposed Planning Scheme Amendment as provided post consultation
Not applicable
Not applicable
PO Box 15009 City East QLD 4002wwwdsdmipqldgovau
From Stewart Pentland [mailtoStewartPentlandmoretonbayqldgovau] Sent Thursday 14 June 2018 1234 PMTo Kerry Doss ltKerryDossdsdmipqldgovaugt Graeme BoltonltGraemeBoltondsdmipqldgovaugt Megan Bayntun ltMeganBayntundsdmipqldgovaugtCc Anthony Martini ltAnthonyMartinimoretonbayqldgovaugtSubject MBRC Planning Scheme Amendment Meeting 13062018 Graeme Kerry and Megan Thank you for your time yesterday Tony and I found the meeting most useful As discussed and agreed in principle
1 Council would document a series of proposed changes to the existing Planning SchemeAmendment that responds to the States direction to remove reference to the CIA andassociated service area non-service area concepts (see attached)
2 Subject to an iterative process between the State and council this information would thenform the basis of a conditional approval of the current major scheme amendment amp
3 The existing amendment would then be finalised by way of a conditional approval consistentwith points 1 and 2 above ASAP
Please find attached a first draft table outlining what are considered to be the necessary changesto the current amendment We would welcome your thoughts on this so that we can continue todevelop its contents with you I note you indicated that for this approach to be utilised you would need to be comfortable thatthe type of changes proposed did not constitute a substantial change As a consequence we haveincluded a column (Substantial change) that includes our appraisal of each proposed change Againwe would welcome your thoughts on this matter also It would be good to progress this matter ASAP In doing so it would be appreciated if you couldadvise when you consider you may be able to provide a response to these initial draftrepresentations In the interim should you require anything further please let me know Regards Stewart PentlandDirectorPlanning and Economic DevelopmentMoreton Bay Regional Council2 Hasking Street Caboolture Qld 4510P 07 5433 2023M Email stewartpentlandmoretonbayqldgovauwwwmoretonbayqldgovau
RTI1819-035-DSDMIP - Page 33 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in this e-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are not anamed recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legalprivilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete all copiesimmediately and contact the sender to advise of the errorIt is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liability forloss or damage arising directly or indirectly from opening this email opening any attachments or any communication errorsThe views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 34 of 55
Summary of Proposed Planning Scheme Amendment
MBRC policy end Current MBRC Planning Scheme
Advertised Proposed Planning Scheme
Amendment
Amended Proposed Planning Scheme
Amendment
Other necessary changes to achieve MBRC policy end
Substantial change
Warner growth area - o Enable conversion of existing
industryrural residential to transition to residential outcomes
o Conversion consistent with the SEQ Regional Plan identification of Warner for growth
Industry zone and rural residential surrounded by existing residential and main roads Preliminary approval (Variation) would involve - Impact assessment - Major non-compliance with the
assessment benchmarks
- Zone change to Emerging
Community - Overlay map - Structure
planned area - Level of assessment - Service Area - RAL Code
assessment No Service Area - RAL
Impact assessment
Changes - Delete reference to CIA - Delete reference to service area
non service area Result - No change to Overlay map -
Structure planned area - Level of Assessment - RAL
Code assessment
Strengthening of assessment benchmarks required in the Emerging Community Zone Code andor RAL Code - Emerging Community Zone to assist code assessment
No Maintain overlay map as advertised maintain Level of Assessment remove reference to CIA and remove reference to Service Area and Non-Service Area
Caboolture West growth area - (Area 1) - o Enable Area 1 to proceed to
development including residential and local centre
o Consistent with the SEQ Regional Planrsquos identification of Caboolture West as an expansion area
Preliminary approval (Variation) would involve - Impact assessment - Major non-compliance with the
assessment benchmarks without a Neighhourhood Development Plan for Area 1
- Area 1 - Overlay map -
Structure planned area - Level of assessment Service Area - RAL Code
assessment Non Service Area - RAL
Impact assessment
Changes - Delete reference to CIA - Delete reference to service area
non service area Result - No change to Overlay map -
Structure planned area - Level of assessment - RAL Code
assessment for SPA1
Strengthening of assessment benchmarks required in the Local Plan Zone Code andor RAL Code - Emerging Community Zone to assist code assessment
No Maintain overlay map as advertised maintain Level of Assessment remove reference to CIA remove reference to Service Area and Non-Service Area
Caboolture West growth area - (Balance of Caboolture West) - o Enable subsequent stages to
be structure planned and released through future scheme amendments
Preliminary approval (Variation) would involve - Impact assessment - Major non-compliance with the
assessment benchmarks without a Neighhourhood Development Plan for the relevant area
- Overlay map - Future Structure
plan area - Level of assessment - Impact assessment
Changes - Delete reference to CIA - Delete reference to service area
non service area Result - No change to Overlay map -
Future Structure plan area - Level of assessment - Impact
assessment
Revisit strategic framework to delete CIA and ensure strategic outcomes accurately reflect the future timing of these fronts
No Maintain overlay map as advertised remove reference to CIA Minor change to the strategic framework
Other growth areas to be structure planned and held subject to planning infrastructure requirements and financial obligations being determined o Morayfield o Burpengary east o Narangba east o Joyner
RAL application would involve - Code assessment - Major non-compliance with the
assessment benchmarks in the absence of integrated land use and infrastructure planning
MCU application would involve impact assessment
- Overlay Map - Future structure
planned area - Level of assessment - RAL
Impact assessment - Major non-compliance with the
assessment benchmarks in the absence of integrated land use and infrastructure planning including the strategic outcomes
Changes - Delete references to CIA in the
strategic framework - Delete references to service
area non service area Result - No change to Overlay map -
Future structure planned area
Revisit strategic framework to delete CIA and ensure strategic outcomes accurately reflect the future timing of these fronts
No Maintain overlay map as advertised maintain Level of Assessment and remove reference to CIA
RTI1819-035-DSDMIP - Page 35 of 55
MBRC policy end Current MBRC Planning
Scheme Advertised Proposed
Planning Scheme Amendment
Amended Proposed Planning Scheme
Amendment
Other necessary changes to achieve MBRC policy end
Substantial change
- No change to Level of assessment - RAL Impact assessment
Balance of Proposed Planning Scheme Amendment
Not applicable
Changes proposed (carports setbacks sheds etc)
No further changes to the proposed Planning Scheme Amendment as provided post consultation
Not applicable
Not applicable
RTI1819-035-DSDMIP - Page 36 of 55
From Graeme BoltonTo Stewart Pentland Kerry Doss Megan BayntunCc Anthony MartiniSubject RE MBRC Planning Scheme Amendment Meeting 13062018Date Monday 18 June 2018 82200 AMAttachments image001png
image002jpg
Hi Stewart Thank you for providing the attached table and below information As per Kerryrsquos email we willreview and respond as soon as possible Regards Graeme
Graeme BoltonExecutive Director Planning and Development ServicesPlanning GroupDepartment of State Development Manufacturing Infrastructure and Planning---------------------------------------------------------------------------------------------------------------------------------------------
P 07 3452 6741 MLevel 13 1 William Street Brisbane QLD 4000PO Box 15009 City East QLD 4002wwwdsdmipqldgovau
From Stewart Pentland [mailtoStewartPentlandmoretonbayqldgovau] Sent Thursday 14 June 2018 1234 PMTo Kerry Doss ltKerryDossdsdmipqldgovaugt Graeme BoltonltGraemeBoltondsdmipqldgovaugt Megan Bayntun ltMeganBayntundsdmipqldgovaugtCc Anthony Martini ltAnthonyMartinimoretonbayqldgovaugtSubject MBRC Planning Scheme Amendment Meeting 13062018 Graeme Kerry and Megan Thank you for your time yesterday Tony and I found the meeting most useful As discussed and agreed in principle
1 Council would document a series of proposed changes to the existing Planning SchemeAmendment that responds to the States direction to remove reference to the CIA andassociated service area non-service area concepts (see attached)
2 Subject to an iterative process between the State and council this information would thenform the basis of a conditional approval of the current major scheme amendment amp
3 The existing amendment would then be finalised by way of a conditional approval consistentwith points 1 and 2 above ASAP
RTI1819-035-DSDMIP - Page 37 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
Please find attached a first draft table outlining what are considered to be the necessary changesto the current amendment We would welcome your thoughts on this so that we can continue todevelop its contents with you I note you indicated that for this approach to be utilised you would need to be comfortable thatthe type of changes proposed did not constitute a substantial change As a consequence we haveincluded a column (Substantial change) that includes our appraisal of each proposed change Againwe would welcome your thoughts on this matter also It would be good to progress this matter ASAP In doing so it would be appreciated if you couldadvise when you consider you may be able to provide a response to these initial draftrepresentations In the interim should you require anything further please let me know Regards Stewart PentlandDirectorPlanning and Economic DevelopmentMoreton Bay Regional Council2 Hasking Street Caboolture Qld 4510P 07 5433 2023M Email stewartpentlandmoretonbayqldgovauwwwmoretonbayqldgovau CCR3_email_signhr
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in this e-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are not anamed recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legalprivilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete all copiesimmediately and contact the sender to advise of the errorIt is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liability forloss or damage arising directly or indirectly from opening this email opening any attachments or any communication errorsThe views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 38 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
From Graeme BoltonTo Anthony MartiniCc Ann Abbott Stewart Pentland Kerry DossSubject RE Moreton Bay Regional Council - Amendment to Planning Scheme ProgressDate Tuesday 10 July 2018 65800 PMAttachments image001png
Good afternoon Tony Thank you for your email below I do apologise for not being able to take your call I was in ameeting and then subsequently on a teleconference when you phoned As discussed last week we met with DTMR officers who agreed to provide us with additionalinformation by tomorrow We greatly appreciate the councilrsquos willingness to work with the department to find a wayforward However given the complexity of the amendments it is not as easy as you portray tohave ldquoremoved the CIA and the servicenon service area referencesrdquo All we have at this point intime is a high level table with expressed intent To give effect to this intent involves significantchanges to the proposed amendment and carries a very high risk of unintended consequencesfor the operation of the planning scheme and potential lawfulness of the amendment I amextremely concerned about agreeing to something now only to find out after the Minister hasconditionally approved the amendment that the expressed intent cannot be delivered We are endeavouring to find a solution I will advise further once we have received theadditional information from DTMR Regards Graeme
Graeme BoltonExecutive Director Planning and Development ServicesPlanning GroupDepartment of State Development Manufacturing Infrastructure and Planning--------------------------------------------------------------- ---------------------------
P 07 3452 6741 MLevel 13 1 William Street Brisbane QLD 4000PO Box 15009 City East QLD 4002wwwdsdmipqldgovau
From Anthony Martini [mailtoAnthonyMartinimoretonbayqldgovau] Sent Tuesday 10 July 2018 108 PMTo Graeme Bolton ltGraemeBoltondsdmipqldgovaugtCc Ann Abbott ltAnnAbbottmoretonbayqldgovaugt Stewart PentlandltStewartPentlandmoretonbayqldgovaugt Kerry Doss ltKerryDossdsdmipqldgovaugtSubject Moreton Bay Regional Council - Amendment to Planning Scheme Progress
RTI1819-035-DSDMIP - Page 39 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
Hi Graeme Appreciate that you are busy however I have endeavoured to make contact with you over thepast few days for the purposes of understanding where we are at with regards to receiving apartial or full draft condition set to the amendment to the planning scheme It is nearly 4 weeks since we first met at which meeting MBRC offered to remove the CIA andservice areas non service areas from the amendment and provided shortly thereafter a tablesummary of these changes for further discussion and guidance for the State and MBRC to workthrough You have advised that these changes are agreed in principle You have also advised that thechanges need to be worked through I am in a position where I need some information from you as to what is occurring and when toprovide to the CEO and Mayor From MBRCrsquos perspective we have undertaken all that has beenasked of MBRC - removed the CIA and the servicenon service area references Is there anythingelse which MBRC needs to consider I await your advice Thanks Tony
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in thise-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are nota named recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legalprivilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete allcopies immediately and contact the sender to advise of the errorIt is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liabilityfor loss or damage arising directly or indirectly from opening this email opening any attachments or any communication errorsThe views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 40 of 55
From Graeme BoltonTo Anthony MartiniCc Stewart Pentland Kerry Doss Garth NolanSubject RE Update on draft conditionsDate Thursday 5 July 2018 30400 PMAttachments image001png
image002png
Hi Tony I appreciate your concerns and we are progressing this as fast as possible As you can alsohopefully appreciate the amendment in its own right is a very large and complex document Thechanges being proposed are not unsubstantial and have multiple unintended consequencesmany of which have the potential to adversely affect matters of state interest As such we aretrying to resolve these to an acceptable level (for the state) before sharing these with you I will forward these to you as soon as possible Regards Graeme
Graeme BoltonExecutive Director Planning and Development ServicesPlanning GroupDepartment of State Development Manufacturing Infrastructure and Planning---------------------------------------------------------------------------------------------------------------------------------------------
P 07 3452 6741 MLevel 13 1 William Street Brisbane QLD 4000PO Box 15009 City East QLD 4002wwwdsdmipqldgovau
From Anthony Martini [mailtoAnthonyMartinimoretonbayqldgovau] Sent Tuesday 3 July 2018 543 PMTo Graeme Bolton ltGraemeBoltondsdmipqldgovaugtCc Stewart Pentland ltStewartPentlandmoretonbayqldgovaugt Kerry DossltKerryDossdsdmipqldgovaugt Garth Nolan ltGarthNolandsdmipqldgovaugtSubject RE Update on draft conditions Hi Graeme Thank you for the update It would be good to catch up sooner rather than later as it is fast approaching 3 weeks since ourinitial meeting I can advise that the Mayor sought advice from me as to where the amendmentwas at - as I had advised him 10 days ago that a draft set was to be available with a day or so As discussed our preference is to collaboratively work on the content of the draft conditions Itwould be appreciated if you could send through the balance of the approval and conditions now
RTI1819-035-DSDMIP - Page 41 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
this will enable us to get the process moving Thanks Tony
From Graeme Bolton [mailtoGraemeBoltondsdmipqldgovau] Sent Tuesday 3 July 2018 307 PMTo Anthony Martini ltAnthonyMartinimoretonbayqldgovaugtCc Stewart Pentland ltStewartPentlandmoretonbayqldgovaugt Kerry DossltKerryDossdsdmipqldgovaugt Garth Nolan ltGarthNolandsdmipqldgovaugtSubject Update on draft conditions Hi Tony As previously advised I met with senior officers from DTMR today to discuss some concernstheyrsquove raised in respect to conditioning the proposed amendment I believe we have a wayforward and DTMR are working on a couple of options as a matter of priority I am expecting tohave something back from DTMR mid next week We will continue to work closely with them totry and get something out sooner As previously discussed we will share the draft conditions once we are satisfied with them Wewould be happy to work with you to ensure they are workable from councilrsquos perspective Regards Graeme
Graeme BoltonExecutive Director Planning and Development ServicesPlanning GroupDepartment of State Development Manufacturing Infrastructure and Planning---------------------------------------------------------------- -------------------------------
P 07 3452 6741 MLevel 13 1 William Street Brisbane QLD 4000PO Box 15009 City East QLD 4002wwwdsdmipqldgovau
This email and any attachments may contain confidential or privileged information and may be protected by copyright Youmust not use or disclose them other than for the purposes for which they were supplied The confidentiality and privilegeattached to this message and attachment is not waived by reason of mistaken delivery to you If you are not the intendedrecipient you must not use disclose retain forward or reproduce this message or any attachments If you receive thismessage in error please notify the sender by return email or telephone and destroy and delete all copies The Departmentdoes not accept any responsibility for any loss or damage that may result from reliance on or use of any informationcontained in this email andor attachments
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in this
e-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are not
RTI1819-035-DSDMIP - Page 42 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
a named recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legal
privilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete all
copies immediately and contact the sender to advise of the error
It is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liability
for loss or damage arising directly or indirectly from opening this email opening any attachments or any communication errors
The views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 43 of 55
RTI1819-035-DSDMIP - Page 44 of 55
RTI1819-035-DSDMIP - Page 45 of 55
RTI1819-035-DSDMIP - Page 46 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
RTI1819-035-DSDMIP - Page 47 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
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RTI1819-035-DSDMIP - Page 53 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
Organizer Anthony MartiniResources Room - Strathpine Room 2A
Good morning The venue for this meeting is Councilrsquos Strathpine office at 220 Gympie Road Strathpine Entrance to the office is via Customer Service in Hall Street where parking is available on street Upon arrival at customer service you will be asked to complete visitor paperwork and then escorted to meeting room 2A Should you have any queries regarding this meeting request please contact me as below Kind regards Ann Abbott Operations Coordinator Engineering Construction amp Maintenance Moreton Bay Regional Council Stage 3 220 Gympie Road Strathpine P 07 3480 6233 E annabbottmoretonbayqldgovau
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in this e-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are not a named recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legal privilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete all copies immediately and contact the sender to advise of the error It is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liability for loss or damage arising directly or indirectly from opening this email opening any attachments or any communication errors The views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 30 of 55
1
Anne Wood
Subject MBRC Location 1 William St Level 12 Room 1214
Shortly you will receive an email invite to enter 1 William st with instructions on what you will need to provide to
Concierge
I will meet your party in the foyer once you have signed in
Kind regards
Anne
Anne Wood AExecutive Assistant Planning and Development Services | Brisbane Department of State Development Manufacturing Infrastructure and Planning Level 13 1 William St Brisbane QLD 4000 p 07 3452 7115 | e annewooddilgpqldgovau
RTI1819-035-DSDMIP - Page 31 of 55
From Graeme BoltonTo Anthony MartiniCc Stewart Pentland Kerry Doss Megan BayntunSubject RE MBRC Planning Scheme Amendment Meeting 13062018Date Friday 22 June 2018 64200 PMAttachments image001png
Dear Tony Please accept my apologies for not being able to get back to you earlier today As indicated in mymessage I was unexpectedly tied up all afternoon in an emergent and urgent issue I have reviewed the provided table and support in principle the matters identified in column fourIn respect to the matters identified in column five I can understand and again support in theprinciple the need for additional changes However the extent of changes will need to satisfy thesignificantly different test This is something that the department and Minister cannot resolvefrom This may mean that the desired changes may need to be tempered with what can besupported at this point in time and further decisions made by the council in respect to the riskprofile and whether or not to proceed with particular elements In addition to the above we have examined a couple of mechanisms that may be open to theMinister in deciding the proposed amendment In short we are exploring (a) the ability to partrefuse and part approve subject to conditions or (b) to solely condition The key consideration isto ensure whatever recommendation is made to the Minister the eventual decision can withstandclose scrutiny In both options given the volume of changes we would be also recommending tothe Minister a closing condition that requires the council to submit the changed amendment forendorsement by the Chief Executive prior to adoption by the council Finally as discussed at our last meeting through the second state interest review the Departmentof Environment and Science (DES) identified concerns in relation to koala habitat and the WarnerInvestigation Area structure plan I have been chasing (and have not yet received) additionalinformation and mapping from DES in relation to this At this point in time we would be looking toinclude a condition addresses the protection of the remaining koala habitat I am hoping to getgreater clarity and certainty on this (in terms of scale and location) in the coming days I will give you a call on Monday to discuss Please do not hesitate to contact me in the interimshould you have questions or concerns Regards Graeme
Graeme BoltonExecutive Director Planning and Development ServicesPlanning GroupDepartment of State Development Manufacturing Infrastructure and Planning---------------------------------------------------------------------------------------------------------------------------------------------
P 07 3452 6741 MLevel 13 1 William Street Brisbane QLD 4000
RTI1819-035-DSDMIP - Page 32 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
Summary of Proposed Planning Scheme Amendment
MBRC policy end Current MBRC Planning Scheme
Advertised Proposed Planning Scheme
Amendment
Amended Proposed Planning Scheme
Amendment
Other necessary changes to achieve MBRC policy end
Substantial change
Warner growth area - o Enable conversion of existing
industryrural residential to transition to residential outcomes
o Conversion consistent with the SEQ Regional Plan identification of Warner for growth
Industry zone and rural residential surrounded by existing residential and main roads Preliminary approval (Variation) would involve - Impact assessment - Major non-compliance with the
assessment benchmarks
- Zone change to Emerging
Community - Overlay map - Structure
planned area - Level of assessment - Service Area - RAL Code
assessment No Service Area - RAL
Impact assessment
Changes - Delete reference to CIA - Delete reference to service area
non service area Result - No change to Overlay map -
Structure planned area - Level of Assessment - RAL
Code assessment
Strengthening of assessment benchmarks required in the Emerging Community Zone Code andor RAL Code - Emerging Community Zone to assist code assessment
No Maintain overlay map as advertised maintain Level of Assessment remove reference to CIA and remove reference to Service Area and Non-Service Area
Caboolture West growth area - (Area 1) - o Enable Area 1 to proceed to
development including residential and local centre
o Consistent with the SEQ Regional Planrsquos identification of Caboolture West as an expansion area
Preliminary approval (Variation) would involve - Impact assessment - Major non-compliance with the
assessment benchmarks without a Neighhourhood Development Plan for Area 1
- Area 1 - Overlay map -
Structure planned area - Level of assessment Service Area - RAL Code
assessment Non Service Area - RAL
Impact assessment
Changes - Delete reference to CIA - Delete reference to service area
non service area Result - No change to Overlay map -
Structure planned area - Level of assessment - RAL Code
assessment for SPA1
Strengthening of assessment benchmarks required in the Local Plan Zone Code andor RAL Code - Emerging Community Zone to assist code assessment
No Maintain overlay map as advertised maintain Level of Assessment remove reference to CIA remove reference to Service Area and Non-Service Area
Caboolture West growth area - (Balance of Caboolture West) - o Enable subsequent stages to
be structure planned and released through future scheme amendments
Preliminary approval (Variation) would involve - Impact assessment - Major non-compliance with the
assessment benchmarks without a Neighhourhood Development Plan for the relevant area
- Overlay map - Future Structure
plan area - Level of assessment - Impact assessment
Changes - Delete reference to CIA - Delete reference to service area
non service area Result - No change to Overlay map -
Future Structure plan area - Level of assessment - Impact
assessment
Revisit strategic framework to delete CIA and ensure strategic outcomes accurately reflect the future timing of these fronts
No Maintain overlay map as advertised remove reference to CIA Minor change to the strategic framework
Other growth areas to be structure planned and held subject to planning infrastructure requirements and financial obligations being determined o Morayfield o Burpengary east o Narangba east o Joyner
RAL application would involve - Code assessment - Major non-compliance with the
assessment benchmarks in the absence of integrated land use and infrastructure planning
MCU application would involve impact assessment
- Overlay Map - Future structure
planned area - Level of assessment - RAL
Impact assessment - Major non-compliance with the
assessment benchmarks in the absence of integrated land use and infrastructure planning including the strategic outcomes
Changes - Delete references to CIA in the
strategic framework - Delete references to service
area non service area Result - No change to Overlay map -
Future structure planned area
Revisit strategic framework to delete CIA and ensure strategic outcomes accurately reflect the future timing of these fronts
No Maintain overlay map as advertised maintain Level of Assessment and remove reference to CIA
MBRC policy end Current MBRC Planning
Scheme Advertised Proposed
Planning Scheme Amendment
Amended Proposed Planning Scheme
Amendment
Other necessary changes to achieve MBRC policy end
Substantial change
- No change to Level of assessment - RAL Impact assessment
Balance of Proposed Planning Scheme Amendment
Not applicable
Changes proposed (carports setbacks sheds etc)
No further changes to the proposed Planning Scheme Amendment as provided post consultation
Not applicable
Not applicable
PO Box 15009 City East QLD 4002wwwdsdmipqldgovau
From Stewart Pentland [mailtoStewartPentlandmoretonbayqldgovau] Sent Thursday 14 June 2018 1234 PMTo Kerry Doss ltKerryDossdsdmipqldgovaugt Graeme BoltonltGraemeBoltondsdmipqldgovaugt Megan Bayntun ltMeganBayntundsdmipqldgovaugtCc Anthony Martini ltAnthonyMartinimoretonbayqldgovaugtSubject MBRC Planning Scheme Amendment Meeting 13062018 Graeme Kerry and Megan Thank you for your time yesterday Tony and I found the meeting most useful As discussed and agreed in principle
1 Council would document a series of proposed changes to the existing Planning SchemeAmendment that responds to the States direction to remove reference to the CIA andassociated service area non-service area concepts (see attached)
2 Subject to an iterative process between the State and council this information would thenform the basis of a conditional approval of the current major scheme amendment amp
3 The existing amendment would then be finalised by way of a conditional approval consistentwith points 1 and 2 above ASAP
Please find attached a first draft table outlining what are considered to be the necessary changesto the current amendment We would welcome your thoughts on this so that we can continue todevelop its contents with you I note you indicated that for this approach to be utilised you would need to be comfortable thatthe type of changes proposed did not constitute a substantial change As a consequence we haveincluded a column (Substantial change) that includes our appraisal of each proposed change Againwe would welcome your thoughts on this matter also It would be good to progress this matter ASAP In doing so it would be appreciated if you couldadvise when you consider you may be able to provide a response to these initial draftrepresentations In the interim should you require anything further please let me know Regards Stewart PentlandDirectorPlanning and Economic DevelopmentMoreton Bay Regional Council2 Hasking Street Caboolture Qld 4510P 07 5433 2023M Email stewartpentlandmoretonbayqldgovauwwwmoretonbayqldgovau
RTI1819-035-DSDMIP - Page 33 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in this e-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are not anamed recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legalprivilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete all copiesimmediately and contact the sender to advise of the errorIt is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liability forloss or damage arising directly or indirectly from opening this email opening any attachments or any communication errorsThe views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 34 of 55
Summary of Proposed Planning Scheme Amendment
MBRC policy end Current MBRC Planning Scheme
Advertised Proposed Planning Scheme
Amendment
Amended Proposed Planning Scheme
Amendment
Other necessary changes to achieve MBRC policy end
Substantial change
Warner growth area - o Enable conversion of existing
industryrural residential to transition to residential outcomes
o Conversion consistent with the SEQ Regional Plan identification of Warner for growth
Industry zone and rural residential surrounded by existing residential and main roads Preliminary approval (Variation) would involve - Impact assessment - Major non-compliance with the
assessment benchmarks
- Zone change to Emerging
Community - Overlay map - Structure
planned area - Level of assessment - Service Area - RAL Code
assessment No Service Area - RAL
Impact assessment
Changes - Delete reference to CIA - Delete reference to service area
non service area Result - No change to Overlay map -
Structure planned area - Level of Assessment - RAL
Code assessment
Strengthening of assessment benchmarks required in the Emerging Community Zone Code andor RAL Code - Emerging Community Zone to assist code assessment
No Maintain overlay map as advertised maintain Level of Assessment remove reference to CIA and remove reference to Service Area and Non-Service Area
Caboolture West growth area - (Area 1) - o Enable Area 1 to proceed to
development including residential and local centre
o Consistent with the SEQ Regional Planrsquos identification of Caboolture West as an expansion area
Preliminary approval (Variation) would involve - Impact assessment - Major non-compliance with the
assessment benchmarks without a Neighhourhood Development Plan for Area 1
- Area 1 - Overlay map -
Structure planned area - Level of assessment Service Area - RAL Code
assessment Non Service Area - RAL
Impact assessment
Changes - Delete reference to CIA - Delete reference to service area
non service area Result - No change to Overlay map -
Structure planned area - Level of assessment - RAL Code
assessment for SPA1
Strengthening of assessment benchmarks required in the Local Plan Zone Code andor RAL Code - Emerging Community Zone to assist code assessment
No Maintain overlay map as advertised maintain Level of Assessment remove reference to CIA remove reference to Service Area and Non-Service Area
Caboolture West growth area - (Balance of Caboolture West) - o Enable subsequent stages to
be structure planned and released through future scheme amendments
Preliminary approval (Variation) would involve - Impact assessment - Major non-compliance with the
assessment benchmarks without a Neighhourhood Development Plan for the relevant area
- Overlay map - Future Structure
plan area - Level of assessment - Impact assessment
Changes - Delete reference to CIA - Delete reference to service area
non service area Result - No change to Overlay map -
Future Structure plan area - Level of assessment - Impact
assessment
Revisit strategic framework to delete CIA and ensure strategic outcomes accurately reflect the future timing of these fronts
No Maintain overlay map as advertised remove reference to CIA Minor change to the strategic framework
Other growth areas to be structure planned and held subject to planning infrastructure requirements and financial obligations being determined o Morayfield o Burpengary east o Narangba east o Joyner
RAL application would involve - Code assessment - Major non-compliance with the
assessment benchmarks in the absence of integrated land use and infrastructure planning
MCU application would involve impact assessment
- Overlay Map - Future structure
planned area - Level of assessment - RAL
Impact assessment - Major non-compliance with the
assessment benchmarks in the absence of integrated land use and infrastructure planning including the strategic outcomes
Changes - Delete references to CIA in the
strategic framework - Delete references to service
area non service area Result - No change to Overlay map -
Future structure planned area
Revisit strategic framework to delete CIA and ensure strategic outcomes accurately reflect the future timing of these fronts
No Maintain overlay map as advertised maintain Level of Assessment and remove reference to CIA
RTI1819-035-DSDMIP - Page 35 of 55
MBRC policy end Current MBRC Planning
Scheme Advertised Proposed
Planning Scheme Amendment
Amended Proposed Planning Scheme
Amendment
Other necessary changes to achieve MBRC policy end
Substantial change
- No change to Level of assessment - RAL Impact assessment
Balance of Proposed Planning Scheme Amendment
Not applicable
Changes proposed (carports setbacks sheds etc)
No further changes to the proposed Planning Scheme Amendment as provided post consultation
Not applicable
Not applicable
RTI1819-035-DSDMIP - Page 36 of 55
From Graeme BoltonTo Stewart Pentland Kerry Doss Megan BayntunCc Anthony MartiniSubject RE MBRC Planning Scheme Amendment Meeting 13062018Date Monday 18 June 2018 82200 AMAttachments image001png
image002jpg
Hi Stewart Thank you for providing the attached table and below information As per Kerryrsquos email we willreview and respond as soon as possible Regards Graeme
Graeme BoltonExecutive Director Planning and Development ServicesPlanning GroupDepartment of State Development Manufacturing Infrastructure and Planning---------------------------------------------------------------------------------------------------------------------------------------------
P 07 3452 6741 MLevel 13 1 William Street Brisbane QLD 4000PO Box 15009 City East QLD 4002wwwdsdmipqldgovau
From Stewart Pentland [mailtoStewartPentlandmoretonbayqldgovau] Sent Thursday 14 June 2018 1234 PMTo Kerry Doss ltKerryDossdsdmipqldgovaugt Graeme BoltonltGraemeBoltondsdmipqldgovaugt Megan Bayntun ltMeganBayntundsdmipqldgovaugtCc Anthony Martini ltAnthonyMartinimoretonbayqldgovaugtSubject MBRC Planning Scheme Amendment Meeting 13062018 Graeme Kerry and Megan Thank you for your time yesterday Tony and I found the meeting most useful As discussed and agreed in principle
1 Council would document a series of proposed changes to the existing Planning SchemeAmendment that responds to the States direction to remove reference to the CIA andassociated service area non-service area concepts (see attached)
2 Subject to an iterative process between the State and council this information would thenform the basis of a conditional approval of the current major scheme amendment amp
3 The existing amendment would then be finalised by way of a conditional approval consistentwith points 1 and 2 above ASAP
RTI1819-035-DSDMIP - Page 37 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
Please find attached a first draft table outlining what are considered to be the necessary changesto the current amendment We would welcome your thoughts on this so that we can continue todevelop its contents with you I note you indicated that for this approach to be utilised you would need to be comfortable thatthe type of changes proposed did not constitute a substantial change As a consequence we haveincluded a column (Substantial change) that includes our appraisal of each proposed change Againwe would welcome your thoughts on this matter also It would be good to progress this matter ASAP In doing so it would be appreciated if you couldadvise when you consider you may be able to provide a response to these initial draftrepresentations In the interim should you require anything further please let me know Regards Stewart PentlandDirectorPlanning and Economic DevelopmentMoreton Bay Regional Council2 Hasking Street Caboolture Qld 4510P 07 5433 2023M Email stewartpentlandmoretonbayqldgovauwwwmoretonbayqldgovau CCR3_email_signhr
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in this e-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are not anamed recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legalprivilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete all copiesimmediately and contact the sender to advise of the errorIt is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liability forloss or damage arising directly or indirectly from opening this email opening any attachments or any communication errorsThe views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 38 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
From Graeme BoltonTo Anthony MartiniCc Ann Abbott Stewart Pentland Kerry DossSubject RE Moreton Bay Regional Council - Amendment to Planning Scheme ProgressDate Tuesday 10 July 2018 65800 PMAttachments image001png
Good afternoon Tony Thank you for your email below I do apologise for not being able to take your call I was in ameeting and then subsequently on a teleconference when you phoned As discussed last week we met with DTMR officers who agreed to provide us with additionalinformation by tomorrow We greatly appreciate the councilrsquos willingness to work with the department to find a wayforward However given the complexity of the amendments it is not as easy as you portray tohave ldquoremoved the CIA and the servicenon service area referencesrdquo All we have at this point intime is a high level table with expressed intent To give effect to this intent involves significantchanges to the proposed amendment and carries a very high risk of unintended consequencesfor the operation of the planning scheme and potential lawfulness of the amendment I amextremely concerned about agreeing to something now only to find out after the Minister hasconditionally approved the amendment that the expressed intent cannot be delivered We are endeavouring to find a solution I will advise further once we have received theadditional information from DTMR Regards Graeme
Graeme BoltonExecutive Director Planning and Development ServicesPlanning GroupDepartment of State Development Manufacturing Infrastructure and Planning--------------------------------------------------------------- ---------------------------
P 07 3452 6741 MLevel 13 1 William Street Brisbane QLD 4000PO Box 15009 City East QLD 4002wwwdsdmipqldgovau
From Anthony Martini [mailtoAnthonyMartinimoretonbayqldgovau] Sent Tuesday 10 July 2018 108 PMTo Graeme Bolton ltGraemeBoltondsdmipqldgovaugtCc Ann Abbott ltAnnAbbottmoretonbayqldgovaugt Stewart PentlandltStewartPentlandmoretonbayqldgovaugt Kerry Doss ltKerryDossdsdmipqldgovaugtSubject Moreton Bay Regional Council - Amendment to Planning Scheme Progress
RTI1819-035-DSDMIP - Page 39 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
Hi Graeme Appreciate that you are busy however I have endeavoured to make contact with you over thepast few days for the purposes of understanding where we are at with regards to receiving apartial or full draft condition set to the amendment to the planning scheme It is nearly 4 weeks since we first met at which meeting MBRC offered to remove the CIA andservice areas non service areas from the amendment and provided shortly thereafter a tablesummary of these changes for further discussion and guidance for the State and MBRC to workthrough You have advised that these changes are agreed in principle You have also advised that thechanges need to be worked through I am in a position where I need some information from you as to what is occurring and when toprovide to the CEO and Mayor From MBRCrsquos perspective we have undertaken all that has beenasked of MBRC - removed the CIA and the servicenon service area references Is there anythingelse which MBRC needs to consider I await your advice Thanks Tony
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in thise-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are nota named recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legalprivilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete allcopies immediately and contact the sender to advise of the errorIt is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liabilityfor loss or damage arising directly or indirectly from opening this email opening any attachments or any communication errorsThe views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 40 of 55
From Graeme BoltonTo Anthony MartiniCc Stewart Pentland Kerry Doss Garth NolanSubject RE Update on draft conditionsDate Thursday 5 July 2018 30400 PMAttachments image001png
image002png
Hi Tony I appreciate your concerns and we are progressing this as fast as possible As you can alsohopefully appreciate the amendment in its own right is a very large and complex document Thechanges being proposed are not unsubstantial and have multiple unintended consequencesmany of which have the potential to adversely affect matters of state interest As such we aretrying to resolve these to an acceptable level (for the state) before sharing these with you I will forward these to you as soon as possible Regards Graeme
Graeme BoltonExecutive Director Planning and Development ServicesPlanning GroupDepartment of State Development Manufacturing Infrastructure and Planning---------------------------------------------------------------------------------------------------------------------------------------------
P 07 3452 6741 MLevel 13 1 William Street Brisbane QLD 4000PO Box 15009 City East QLD 4002wwwdsdmipqldgovau
From Anthony Martini [mailtoAnthonyMartinimoretonbayqldgovau] Sent Tuesday 3 July 2018 543 PMTo Graeme Bolton ltGraemeBoltondsdmipqldgovaugtCc Stewart Pentland ltStewartPentlandmoretonbayqldgovaugt Kerry DossltKerryDossdsdmipqldgovaugt Garth Nolan ltGarthNolandsdmipqldgovaugtSubject RE Update on draft conditions Hi Graeme Thank you for the update It would be good to catch up sooner rather than later as it is fast approaching 3 weeks since ourinitial meeting I can advise that the Mayor sought advice from me as to where the amendmentwas at - as I had advised him 10 days ago that a draft set was to be available with a day or so As discussed our preference is to collaboratively work on the content of the draft conditions Itwould be appreciated if you could send through the balance of the approval and conditions now
RTI1819-035-DSDMIP - Page 41 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
this will enable us to get the process moving Thanks Tony
From Graeme Bolton [mailtoGraemeBoltondsdmipqldgovau] Sent Tuesday 3 July 2018 307 PMTo Anthony Martini ltAnthonyMartinimoretonbayqldgovaugtCc Stewart Pentland ltStewartPentlandmoretonbayqldgovaugt Kerry DossltKerryDossdsdmipqldgovaugt Garth Nolan ltGarthNolandsdmipqldgovaugtSubject Update on draft conditions Hi Tony As previously advised I met with senior officers from DTMR today to discuss some concernstheyrsquove raised in respect to conditioning the proposed amendment I believe we have a wayforward and DTMR are working on a couple of options as a matter of priority I am expecting tohave something back from DTMR mid next week We will continue to work closely with them totry and get something out sooner As previously discussed we will share the draft conditions once we are satisfied with them Wewould be happy to work with you to ensure they are workable from councilrsquos perspective Regards Graeme
Graeme BoltonExecutive Director Planning and Development ServicesPlanning GroupDepartment of State Development Manufacturing Infrastructure and Planning---------------------------------------------------------------- -------------------------------
P 07 3452 6741 MLevel 13 1 William Street Brisbane QLD 4000PO Box 15009 City East QLD 4002wwwdsdmipqldgovau
This email and any attachments may contain confidential or privileged information and may be protected by copyright Youmust not use or disclose them other than for the purposes for which they were supplied The confidentiality and privilegeattached to this message and attachment is not waived by reason of mistaken delivery to you If you are not the intendedrecipient you must not use disclose retain forward or reproduce this message or any attachments If you receive thismessage in error please notify the sender by return email or telephone and destroy and delete all copies The Departmentdoes not accept any responsibility for any loss or damage that may result from reliance on or use of any informationcontained in this email andor attachments
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in this
e-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are not
RTI1819-035-DSDMIP - Page 42 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
a named recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legal
privilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete all
copies immediately and contact the sender to advise of the error
It is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liability
for loss or damage arising directly or indirectly from opening this email opening any attachments or any communication errors
The views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 43 of 55
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RTI1819-035-DSDMIP - Page 45 of 55
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Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
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RTI1819-035-DSDMIP - Page 54 of 55
RTI1819-035-DSDMIP - Page 55 of 55
1
Anne Wood
Subject MBRC Location 1 William St Level 12 Room 1214
Shortly you will receive an email invite to enter 1 William st with instructions on what you will need to provide to
Concierge
I will meet your party in the foyer once you have signed in
Kind regards
Anne
Anne Wood AExecutive Assistant Planning and Development Services | Brisbane Department of State Development Manufacturing Infrastructure and Planning Level 13 1 William St Brisbane QLD 4000 p 07 3452 7115 | e annewooddilgpqldgovau
RTI1819-035-DSDMIP - Page 31 of 55
From Graeme BoltonTo Anthony MartiniCc Stewart Pentland Kerry Doss Megan BayntunSubject RE MBRC Planning Scheme Amendment Meeting 13062018Date Friday 22 June 2018 64200 PMAttachments image001png
Dear Tony Please accept my apologies for not being able to get back to you earlier today As indicated in mymessage I was unexpectedly tied up all afternoon in an emergent and urgent issue I have reviewed the provided table and support in principle the matters identified in column fourIn respect to the matters identified in column five I can understand and again support in theprinciple the need for additional changes However the extent of changes will need to satisfy thesignificantly different test This is something that the department and Minister cannot resolvefrom This may mean that the desired changes may need to be tempered with what can besupported at this point in time and further decisions made by the council in respect to the riskprofile and whether or not to proceed with particular elements In addition to the above we have examined a couple of mechanisms that may be open to theMinister in deciding the proposed amendment In short we are exploring (a) the ability to partrefuse and part approve subject to conditions or (b) to solely condition The key consideration isto ensure whatever recommendation is made to the Minister the eventual decision can withstandclose scrutiny In both options given the volume of changes we would be also recommending tothe Minister a closing condition that requires the council to submit the changed amendment forendorsement by the Chief Executive prior to adoption by the council Finally as discussed at our last meeting through the second state interest review the Departmentof Environment and Science (DES) identified concerns in relation to koala habitat and the WarnerInvestigation Area structure plan I have been chasing (and have not yet received) additionalinformation and mapping from DES in relation to this At this point in time we would be looking toinclude a condition addresses the protection of the remaining koala habitat I am hoping to getgreater clarity and certainty on this (in terms of scale and location) in the coming days I will give you a call on Monday to discuss Please do not hesitate to contact me in the interimshould you have questions or concerns Regards Graeme
Graeme BoltonExecutive Director Planning and Development ServicesPlanning GroupDepartment of State Development Manufacturing Infrastructure and Planning---------------------------------------------------------------------------------------------------------------------------------------------
P 07 3452 6741 MLevel 13 1 William Street Brisbane QLD 4000
RTI1819-035-DSDMIP - Page 32 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
Summary of Proposed Planning Scheme Amendment
MBRC policy end Current MBRC Planning Scheme
Advertised Proposed Planning Scheme
Amendment
Amended Proposed Planning Scheme
Amendment
Other necessary changes to achieve MBRC policy end
Substantial change
Warner growth area - o Enable conversion of existing
industryrural residential to transition to residential outcomes
o Conversion consistent with the SEQ Regional Plan identification of Warner for growth
Industry zone and rural residential surrounded by existing residential and main roads Preliminary approval (Variation) would involve - Impact assessment - Major non-compliance with the
assessment benchmarks
- Zone change to Emerging
Community - Overlay map - Structure
planned area - Level of assessment - Service Area - RAL Code
assessment No Service Area - RAL
Impact assessment
Changes - Delete reference to CIA - Delete reference to service area
non service area Result - No change to Overlay map -
Structure planned area - Level of Assessment - RAL
Code assessment
Strengthening of assessment benchmarks required in the Emerging Community Zone Code andor RAL Code - Emerging Community Zone to assist code assessment
No Maintain overlay map as advertised maintain Level of Assessment remove reference to CIA and remove reference to Service Area and Non-Service Area
Caboolture West growth area - (Area 1) - o Enable Area 1 to proceed to
development including residential and local centre
o Consistent with the SEQ Regional Planrsquos identification of Caboolture West as an expansion area
Preliminary approval (Variation) would involve - Impact assessment - Major non-compliance with the
assessment benchmarks without a Neighhourhood Development Plan for Area 1
- Area 1 - Overlay map -
Structure planned area - Level of assessment Service Area - RAL Code
assessment Non Service Area - RAL
Impact assessment
Changes - Delete reference to CIA - Delete reference to service area
non service area Result - No change to Overlay map -
Structure planned area - Level of assessment - RAL Code
assessment for SPA1
Strengthening of assessment benchmarks required in the Local Plan Zone Code andor RAL Code - Emerging Community Zone to assist code assessment
No Maintain overlay map as advertised maintain Level of Assessment remove reference to CIA remove reference to Service Area and Non-Service Area
Caboolture West growth area - (Balance of Caboolture West) - o Enable subsequent stages to
be structure planned and released through future scheme amendments
Preliminary approval (Variation) would involve - Impact assessment - Major non-compliance with the
assessment benchmarks without a Neighhourhood Development Plan for the relevant area
- Overlay map - Future Structure
plan area - Level of assessment - Impact assessment
Changes - Delete reference to CIA - Delete reference to service area
non service area Result - No change to Overlay map -
Future Structure plan area - Level of assessment - Impact
assessment
Revisit strategic framework to delete CIA and ensure strategic outcomes accurately reflect the future timing of these fronts
No Maintain overlay map as advertised remove reference to CIA Minor change to the strategic framework
Other growth areas to be structure planned and held subject to planning infrastructure requirements and financial obligations being determined o Morayfield o Burpengary east o Narangba east o Joyner
RAL application would involve - Code assessment - Major non-compliance with the
assessment benchmarks in the absence of integrated land use and infrastructure planning
MCU application would involve impact assessment
- Overlay Map - Future structure
planned area - Level of assessment - RAL
Impact assessment - Major non-compliance with the
assessment benchmarks in the absence of integrated land use and infrastructure planning including the strategic outcomes
Changes - Delete references to CIA in the
strategic framework - Delete references to service
area non service area Result - No change to Overlay map -
Future structure planned area
Revisit strategic framework to delete CIA and ensure strategic outcomes accurately reflect the future timing of these fronts
No Maintain overlay map as advertised maintain Level of Assessment and remove reference to CIA
MBRC policy end Current MBRC Planning
Scheme Advertised Proposed
Planning Scheme Amendment
Amended Proposed Planning Scheme
Amendment
Other necessary changes to achieve MBRC policy end
Substantial change
- No change to Level of assessment - RAL Impact assessment
Balance of Proposed Planning Scheme Amendment
Not applicable
Changes proposed (carports setbacks sheds etc)
No further changes to the proposed Planning Scheme Amendment as provided post consultation
Not applicable
Not applicable
PO Box 15009 City East QLD 4002wwwdsdmipqldgovau
From Stewart Pentland [mailtoStewartPentlandmoretonbayqldgovau] Sent Thursday 14 June 2018 1234 PMTo Kerry Doss ltKerryDossdsdmipqldgovaugt Graeme BoltonltGraemeBoltondsdmipqldgovaugt Megan Bayntun ltMeganBayntundsdmipqldgovaugtCc Anthony Martini ltAnthonyMartinimoretonbayqldgovaugtSubject MBRC Planning Scheme Amendment Meeting 13062018 Graeme Kerry and Megan Thank you for your time yesterday Tony and I found the meeting most useful As discussed and agreed in principle
1 Council would document a series of proposed changes to the existing Planning SchemeAmendment that responds to the States direction to remove reference to the CIA andassociated service area non-service area concepts (see attached)
2 Subject to an iterative process between the State and council this information would thenform the basis of a conditional approval of the current major scheme amendment amp
3 The existing amendment would then be finalised by way of a conditional approval consistentwith points 1 and 2 above ASAP
Please find attached a first draft table outlining what are considered to be the necessary changesto the current amendment We would welcome your thoughts on this so that we can continue todevelop its contents with you I note you indicated that for this approach to be utilised you would need to be comfortable thatthe type of changes proposed did not constitute a substantial change As a consequence we haveincluded a column (Substantial change) that includes our appraisal of each proposed change Againwe would welcome your thoughts on this matter also It would be good to progress this matter ASAP In doing so it would be appreciated if you couldadvise when you consider you may be able to provide a response to these initial draftrepresentations In the interim should you require anything further please let me know Regards Stewart PentlandDirectorPlanning and Economic DevelopmentMoreton Bay Regional Council2 Hasking Street Caboolture Qld 4510P 07 5433 2023M Email stewartpentlandmoretonbayqldgovauwwwmoretonbayqldgovau
RTI1819-035-DSDMIP - Page 33 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in this e-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are not anamed recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legalprivilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete all copiesimmediately and contact the sender to advise of the errorIt is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liability forloss or damage arising directly or indirectly from opening this email opening any attachments or any communication errorsThe views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 34 of 55
Summary of Proposed Planning Scheme Amendment
MBRC policy end Current MBRC Planning Scheme
Advertised Proposed Planning Scheme
Amendment
Amended Proposed Planning Scheme
Amendment
Other necessary changes to achieve MBRC policy end
Substantial change
Warner growth area - o Enable conversion of existing
industryrural residential to transition to residential outcomes
o Conversion consistent with the SEQ Regional Plan identification of Warner for growth
Industry zone and rural residential surrounded by existing residential and main roads Preliminary approval (Variation) would involve - Impact assessment - Major non-compliance with the
assessment benchmarks
- Zone change to Emerging
Community - Overlay map - Structure
planned area - Level of assessment - Service Area - RAL Code
assessment No Service Area - RAL
Impact assessment
Changes - Delete reference to CIA - Delete reference to service area
non service area Result - No change to Overlay map -
Structure planned area - Level of Assessment - RAL
Code assessment
Strengthening of assessment benchmarks required in the Emerging Community Zone Code andor RAL Code - Emerging Community Zone to assist code assessment
No Maintain overlay map as advertised maintain Level of Assessment remove reference to CIA and remove reference to Service Area and Non-Service Area
Caboolture West growth area - (Area 1) - o Enable Area 1 to proceed to
development including residential and local centre
o Consistent with the SEQ Regional Planrsquos identification of Caboolture West as an expansion area
Preliminary approval (Variation) would involve - Impact assessment - Major non-compliance with the
assessment benchmarks without a Neighhourhood Development Plan for Area 1
- Area 1 - Overlay map -
Structure planned area - Level of assessment Service Area - RAL Code
assessment Non Service Area - RAL
Impact assessment
Changes - Delete reference to CIA - Delete reference to service area
non service area Result - No change to Overlay map -
Structure planned area - Level of assessment - RAL Code
assessment for SPA1
Strengthening of assessment benchmarks required in the Local Plan Zone Code andor RAL Code - Emerging Community Zone to assist code assessment
No Maintain overlay map as advertised maintain Level of Assessment remove reference to CIA remove reference to Service Area and Non-Service Area
Caboolture West growth area - (Balance of Caboolture West) - o Enable subsequent stages to
be structure planned and released through future scheme amendments
Preliminary approval (Variation) would involve - Impact assessment - Major non-compliance with the
assessment benchmarks without a Neighhourhood Development Plan for the relevant area
- Overlay map - Future Structure
plan area - Level of assessment - Impact assessment
Changes - Delete reference to CIA - Delete reference to service area
non service area Result - No change to Overlay map -
Future Structure plan area - Level of assessment - Impact
assessment
Revisit strategic framework to delete CIA and ensure strategic outcomes accurately reflect the future timing of these fronts
No Maintain overlay map as advertised remove reference to CIA Minor change to the strategic framework
Other growth areas to be structure planned and held subject to planning infrastructure requirements and financial obligations being determined o Morayfield o Burpengary east o Narangba east o Joyner
RAL application would involve - Code assessment - Major non-compliance with the
assessment benchmarks in the absence of integrated land use and infrastructure planning
MCU application would involve impact assessment
- Overlay Map - Future structure
planned area - Level of assessment - RAL
Impact assessment - Major non-compliance with the
assessment benchmarks in the absence of integrated land use and infrastructure planning including the strategic outcomes
Changes - Delete references to CIA in the
strategic framework - Delete references to service
area non service area Result - No change to Overlay map -
Future structure planned area
Revisit strategic framework to delete CIA and ensure strategic outcomes accurately reflect the future timing of these fronts
No Maintain overlay map as advertised maintain Level of Assessment and remove reference to CIA
RTI1819-035-DSDMIP - Page 35 of 55
MBRC policy end Current MBRC Planning
Scheme Advertised Proposed
Planning Scheme Amendment
Amended Proposed Planning Scheme
Amendment
Other necessary changes to achieve MBRC policy end
Substantial change
- No change to Level of assessment - RAL Impact assessment
Balance of Proposed Planning Scheme Amendment
Not applicable
Changes proposed (carports setbacks sheds etc)
No further changes to the proposed Planning Scheme Amendment as provided post consultation
Not applicable
Not applicable
RTI1819-035-DSDMIP - Page 36 of 55
From Graeme BoltonTo Stewart Pentland Kerry Doss Megan BayntunCc Anthony MartiniSubject RE MBRC Planning Scheme Amendment Meeting 13062018Date Monday 18 June 2018 82200 AMAttachments image001png
image002jpg
Hi Stewart Thank you for providing the attached table and below information As per Kerryrsquos email we willreview and respond as soon as possible Regards Graeme
Graeme BoltonExecutive Director Planning and Development ServicesPlanning GroupDepartment of State Development Manufacturing Infrastructure and Planning---------------------------------------------------------------------------------------------------------------------------------------------
P 07 3452 6741 MLevel 13 1 William Street Brisbane QLD 4000PO Box 15009 City East QLD 4002wwwdsdmipqldgovau
From Stewart Pentland [mailtoStewartPentlandmoretonbayqldgovau] Sent Thursday 14 June 2018 1234 PMTo Kerry Doss ltKerryDossdsdmipqldgovaugt Graeme BoltonltGraemeBoltondsdmipqldgovaugt Megan Bayntun ltMeganBayntundsdmipqldgovaugtCc Anthony Martini ltAnthonyMartinimoretonbayqldgovaugtSubject MBRC Planning Scheme Amendment Meeting 13062018 Graeme Kerry and Megan Thank you for your time yesterday Tony and I found the meeting most useful As discussed and agreed in principle
1 Council would document a series of proposed changes to the existing Planning SchemeAmendment that responds to the States direction to remove reference to the CIA andassociated service area non-service area concepts (see attached)
2 Subject to an iterative process between the State and council this information would thenform the basis of a conditional approval of the current major scheme amendment amp
3 The existing amendment would then be finalised by way of a conditional approval consistentwith points 1 and 2 above ASAP
RTI1819-035-DSDMIP - Page 37 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
Please find attached a first draft table outlining what are considered to be the necessary changesto the current amendment We would welcome your thoughts on this so that we can continue todevelop its contents with you I note you indicated that for this approach to be utilised you would need to be comfortable thatthe type of changes proposed did not constitute a substantial change As a consequence we haveincluded a column (Substantial change) that includes our appraisal of each proposed change Againwe would welcome your thoughts on this matter also It would be good to progress this matter ASAP In doing so it would be appreciated if you couldadvise when you consider you may be able to provide a response to these initial draftrepresentations In the interim should you require anything further please let me know Regards Stewart PentlandDirectorPlanning and Economic DevelopmentMoreton Bay Regional Council2 Hasking Street Caboolture Qld 4510P 07 5433 2023M Email stewartpentlandmoretonbayqldgovauwwwmoretonbayqldgovau CCR3_email_signhr
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in this e-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are not anamed recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legalprivilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete all copiesimmediately and contact the sender to advise of the errorIt is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liability forloss or damage arising directly or indirectly from opening this email opening any attachments or any communication errorsThe views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 38 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
From Graeme BoltonTo Anthony MartiniCc Ann Abbott Stewart Pentland Kerry DossSubject RE Moreton Bay Regional Council - Amendment to Planning Scheme ProgressDate Tuesday 10 July 2018 65800 PMAttachments image001png
Good afternoon Tony Thank you for your email below I do apologise for not being able to take your call I was in ameeting and then subsequently on a teleconference when you phoned As discussed last week we met with DTMR officers who agreed to provide us with additionalinformation by tomorrow We greatly appreciate the councilrsquos willingness to work with the department to find a wayforward However given the complexity of the amendments it is not as easy as you portray tohave ldquoremoved the CIA and the servicenon service area referencesrdquo All we have at this point intime is a high level table with expressed intent To give effect to this intent involves significantchanges to the proposed amendment and carries a very high risk of unintended consequencesfor the operation of the planning scheme and potential lawfulness of the amendment I amextremely concerned about agreeing to something now only to find out after the Minister hasconditionally approved the amendment that the expressed intent cannot be delivered We are endeavouring to find a solution I will advise further once we have received theadditional information from DTMR Regards Graeme
Graeme BoltonExecutive Director Planning and Development ServicesPlanning GroupDepartment of State Development Manufacturing Infrastructure and Planning--------------------------------------------------------------- ---------------------------
P 07 3452 6741 MLevel 13 1 William Street Brisbane QLD 4000PO Box 15009 City East QLD 4002wwwdsdmipqldgovau
From Anthony Martini [mailtoAnthonyMartinimoretonbayqldgovau] Sent Tuesday 10 July 2018 108 PMTo Graeme Bolton ltGraemeBoltondsdmipqldgovaugtCc Ann Abbott ltAnnAbbottmoretonbayqldgovaugt Stewart PentlandltStewartPentlandmoretonbayqldgovaugt Kerry Doss ltKerryDossdsdmipqldgovaugtSubject Moreton Bay Regional Council - Amendment to Planning Scheme Progress
RTI1819-035-DSDMIP - Page 39 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
Hi Graeme Appreciate that you are busy however I have endeavoured to make contact with you over thepast few days for the purposes of understanding where we are at with regards to receiving apartial or full draft condition set to the amendment to the planning scheme It is nearly 4 weeks since we first met at which meeting MBRC offered to remove the CIA andservice areas non service areas from the amendment and provided shortly thereafter a tablesummary of these changes for further discussion and guidance for the State and MBRC to workthrough You have advised that these changes are agreed in principle You have also advised that thechanges need to be worked through I am in a position where I need some information from you as to what is occurring and when toprovide to the CEO and Mayor From MBRCrsquos perspective we have undertaken all that has beenasked of MBRC - removed the CIA and the servicenon service area references Is there anythingelse which MBRC needs to consider I await your advice Thanks Tony
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in thise-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are nota named recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legalprivilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete allcopies immediately and contact the sender to advise of the errorIt is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liabilityfor loss or damage arising directly or indirectly from opening this email opening any attachments or any communication errorsThe views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 40 of 55
From Graeme BoltonTo Anthony MartiniCc Stewart Pentland Kerry Doss Garth NolanSubject RE Update on draft conditionsDate Thursday 5 July 2018 30400 PMAttachments image001png
image002png
Hi Tony I appreciate your concerns and we are progressing this as fast as possible As you can alsohopefully appreciate the amendment in its own right is a very large and complex document Thechanges being proposed are not unsubstantial and have multiple unintended consequencesmany of which have the potential to adversely affect matters of state interest As such we aretrying to resolve these to an acceptable level (for the state) before sharing these with you I will forward these to you as soon as possible Regards Graeme
Graeme BoltonExecutive Director Planning and Development ServicesPlanning GroupDepartment of State Development Manufacturing Infrastructure and Planning---------------------------------------------------------------------------------------------------------------------------------------------
P 07 3452 6741 MLevel 13 1 William Street Brisbane QLD 4000PO Box 15009 City East QLD 4002wwwdsdmipqldgovau
From Anthony Martini [mailtoAnthonyMartinimoretonbayqldgovau] Sent Tuesday 3 July 2018 543 PMTo Graeme Bolton ltGraemeBoltondsdmipqldgovaugtCc Stewart Pentland ltStewartPentlandmoretonbayqldgovaugt Kerry DossltKerryDossdsdmipqldgovaugt Garth Nolan ltGarthNolandsdmipqldgovaugtSubject RE Update on draft conditions Hi Graeme Thank you for the update It would be good to catch up sooner rather than later as it is fast approaching 3 weeks since ourinitial meeting I can advise that the Mayor sought advice from me as to where the amendmentwas at - as I had advised him 10 days ago that a draft set was to be available with a day or so As discussed our preference is to collaboratively work on the content of the draft conditions Itwould be appreciated if you could send through the balance of the approval and conditions now
RTI1819-035-DSDMIP - Page 41 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
this will enable us to get the process moving Thanks Tony
From Graeme Bolton [mailtoGraemeBoltondsdmipqldgovau] Sent Tuesday 3 July 2018 307 PMTo Anthony Martini ltAnthonyMartinimoretonbayqldgovaugtCc Stewart Pentland ltStewartPentlandmoretonbayqldgovaugt Kerry DossltKerryDossdsdmipqldgovaugt Garth Nolan ltGarthNolandsdmipqldgovaugtSubject Update on draft conditions Hi Tony As previously advised I met with senior officers from DTMR today to discuss some concernstheyrsquove raised in respect to conditioning the proposed amendment I believe we have a wayforward and DTMR are working on a couple of options as a matter of priority I am expecting tohave something back from DTMR mid next week We will continue to work closely with them totry and get something out sooner As previously discussed we will share the draft conditions once we are satisfied with them Wewould be happy to work with you to ensure they are workable from councilrsquos perspective Regards Graeme
Graeme BoltonExecutive Director Planning and Development ServicesPlanning GroupDepartment of State Development Manufacturing Infrastructure and Planning---------------------------------------------------------------- -------------------------------
P 07 3452 6741 MLevel 13 1 William Street Brisbane QLD 4000PO Box 15009 City East QLD 4002wwwdsdmipqldgovau
This email and any attachments may contain confidential or privileged information and may be protected by copyright Youmust not use or disclose them other than for the purposes for which they were supplied The confidentiality and privilegeattached to this message and attachment is not waived by reason of mistaken delivery to you If you are not the intendedrecipient you must not use disclose retain forward or reproduce this message or any attachments If you receive thismessage in error please notify the sender by return email or telephone and destroy and delete all copies The Departmentdoes not accept any responsibility for any loss or damage that may result from reliance on or use of any informationcontained in this email andor attachments
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in this
e-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are not
RTI1819-035-DSDMIP - Page 42 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
a named recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legal
privilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete all
copies immediately and contact the sender to advise of the error
It is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liability
for loss or damage arising directly or indirectly from opening this email opening any attachments or any communication errors
The views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 43 of 55
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Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
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Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
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Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
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From Graeme BoltonTo Anthony MartiniCc Stewart Pentland Kerry Doss Megan BayntunSubject RE MBRC Planning Scheme Amendment Meeting 13062018Date Friday 22 June 2018 64200 PMAttachments image001png
Dear Tony Please accept my apologies for not being able to get back to you earlier today As indicated in mymessage I was unexpectedly tied up all afternoon in an emergent and urgent issue I have reviewed the provided table and support in principle the matters identified in column fourIn respect to the matters identified in column five I can understand and again support in theprinciple the need for additional changes However the extent of changes will need to satisfy thesignificantly different test This is something that the department and Minister cannot resolvefrom This may mean that the desired changes may need to be tempered with what can besupported at this point in time and further decisions made by the council in respect to the riskprofile and whether or not to proceed with particular elements In addition to the above we have examined a couple of mechanisms that may be open to theMinister in deciding the proposed amendment In short we are exploring (a) the ability to partrefuse and part approve subject to conditions or (b) to solely condition The key consideration isto ensure whatever recommendation is made to the Minister the eventual decision can withstandclose scrutiny In both options given the volume of changes we would be also recommending tothe Minister a closing condition that requires the council to submit the changed amendment forendorsement by the Chief Executive prior to adoption by the council Finally as discussed at our last meeting through the second state interest review the Departmentof Environment and Science (DES) identified concerns in relation to koala habitat and the WarnerInvestigation Area structure plan I have been chasing (and have not yet received) additionalinformation and mapping from DES in relation to this At this point in time we would be looking toinclude a condition addresses the protection of the remaining koala habitat I am hoping to getgreater clarity and certainty on this (in terms of scale and location) in the coming days I will give you a call on Monday to discuss Please do not hesitate to contact me in the interimshould you have questions or concerns Regards Graeme
Graeme BoltonExecutive Director Planning and Development ServicesPlanning GroupDepartment of State Development Manufacturing Infrastructure and Planning---------------------------------------------------------------------------------------------------------------------------------------------
P 07 3452 6741 MLevel 13 1 William Street Brisbane QLD 4000
RTI1819-035-DSDMIP - Page 32 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
Summary of Proposed Planning Scheme Amendment
MBRC policy end Current MBRC Planning Scheme
Advertised Proposed Planning Scheme
Amendment
Amended Proposed Planning Scheme
Amendment
Other necessary changes to achieve MBRC policy end
Substantial change
Warner growth area - o Enable conversion of existing
industryrural residential to transition to residential outcomes
o Conversion consistent with the SEQ Regional Plan identification of Warner for growth
Industry zone and rural residential surrounded by existing residential and main roads Preliminary approval (Variation) would involve - Impact assessment - Major non-compliance with the
assessment benchmarks
- Zone change to Emerging
Community - Overlay map - Structure
planned area - Level of assessment - Service Area - RAL Code
assessment No Service Area - RAL
Impact assessment
Changes - Delete reference to CIA - Delete reference to service area
non service area Result - No change to Overlay map -
Structure planned area - Level of Assessment - RAL
Code assessment
Strengthening of assessment benchmarks required in the Emerging Community Zone Code andor RAL Code - Emerging Community Zone to assist code assessment
No Maintain overlay map as advertised maintain Level of Assessment remove reference to CIA and remove reference to Service Area and Non-Service Area
Caboolture West growth area - (Area 1) - o Enable Area 1 to proceed to
development including residential and local centre
o Consistent with the SEQ Regional Planrsquos identification of Caboolture West as an expansion area
Preliminary approval (Variation) would involve - Impact assessment - Major non-compliance with the
assessment benchmarks without a Neighhourhood Development Plan for Area 1
- Area 1 - Overlay map -
Structure planned area - Level of assessment Service Area - RAL Code
assessment Non Service Area - RAL
Impact assessment
Changes - Delete reference to CIA - Delete reference to service area
non service area Result - No change to Overlay map -
Structure planned area - Level of assessment - RAL Code
assessment for SPA1
Strengthening of assessment benchmarks required in the Local Plan Zone Code andor RAL Code - Emerging Community Zone to assist code assessment
No Maintain overlay map as advertised maintain Level of Assessment remove reference to CIA remove reference to Service Area and Non-Service Area
Caboolture West growth area - (Balance of Caboolture West) - o Enable subsequent stages to
be structure planned and released through future scheme amendments
Preliminary approval (Variation) would involve - Impact assessment - Major non-compliance with the
assessment benchmarks without a Neighhourhood Development Plan for the relevant area
- Overlay map - Future Structure
plan area - Level of assessment - Impact assessment
Changes - Delete reference to CIA - Delete reference to service area
non service area Result - No change to Overlay map -
Future Structure plan area - Level of assessment - Impact
assessment
Revisit strategic framework to delete CIA and ensure strategic outcomes accurately reflect the future timing of these fronts
No Maintain overlay map as advertised remove reference to CIA Minor change to the strategic framework
Other growth areas to be structure planned and held subject to planning infrastructure requirements and financial obligations being determined o Morayfield o Burpengary east o Narangba east o Joyner
RAL application would involve - Code assessment - Major non-compliance with the
assessment benchmarks in the absence of integrated land use and infrastructure planning
MCU application would involve impact assessment
- Overlay Map - Future structure
planned area - Level of assessment - RAL
Impact assessment - Major non-compliance with the
assessment benchmarks in the absence of integrated land use and infrastructure planning including the strategic outcomes
Changes - Delete references to CIA in the
strategic framework - Delete references to service
area non service area Result - No change to Overlay map -
Future structure planned area
Revisit strategic framework to delete CIA and ensure strategic outcomes accurately reflect the future timing of these fronts
No Maintain overlay map as advertised maintain Level of Assessment and remove reference to CIA
MBRC policy end Current MBRC Planning
Scheme Advertised Proposed
Planning Scheme Amendment
Amended Proposed Planning Scheme
Amendment
Other necessary changes to achieve MBRC policy end
Substantial change
- No change to Level of assessment - RAL Impact assessment
Balance of Proposed Planning Scheme Amendment
Not applicable
Changes proposed (carports setbacks sheds etc)
No further changes to the proposed Planning Scheme Amendment as provided post consultation
Not applicable
Not applicable
PO Box 15009 City East QLD 4002wwwdsdmipqldgovau
From Stewart Pentland [mailtoStewartPentlandmoretonbayqldgovau] Sent Thursday 14 June 2018 1234 PMTo Kerry Doss ltKerryDossdsdmipqldgovaugt Graeme BoltonltGraemeBoltondsdmipqldgovaugt Megan Bayntun ltMeganBayntundsdmipqldgovaugtCc Anthony Martini ltAnthonyMartinimoretonbayqldgovaugtSubject MBRC Planning Scheme Amendment Meeting 13062018 Graeme Kerry and Megan Thank you for your time yesterday Tony and I found the meeting most useful As discussed and agreed in principle
1 Council would document a series of proposed changes to the existing Planning SchemeAmendment that responds to the States direction to remove reference to the CIA andassociated service area non-service area concepts (see attached)
2 Subject to an iterative process between the State and council this information would thenform the basis of a conditional approval of the current major scheme amendment amp
3 The existing amendment would then be finalised by way of a conditional approval consistentwith points 1 and 2 above ASAP
Please find attached a first draft table outlining what are considered to be the necessary changesto the current amendment We would welcome your thoughts on this so that we can continue todevelop its contents with you I note you indicated that for this approach to be utilised you would need to be comfortable thatthe type of changes proposed did not constitute a substantial change As a consequence we haveincluded a column (Substantial change) that includes our appraisal of each proposed change Againwe would welcome your thoughts on this matter also It would be good to progress this matter ASAP In doing so it would be appreciated if you couldadvise when you consider you may be able to provide a response to these initial draftrepresentations In the interim should you require anything further please let me know Regards Stewart PentlandDirectorPlanning and Economic DevelopmentMoreton Bay Regional Council2 Hasking Street Caboolture Qld 4510P 07 5433 2023M Email stewartpentlandmoretonbayqldgovauwwwmoretonbayqldgovau
RTI1819-035-DSDMIP - Page 33 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in this e-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are not anamed recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legalprivilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete all copiesimmediately and contact the sender to advise of the errorIt is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liability forloss or damage arising directly or indirectly from opening this email opening any attachments or any communication errorsThe views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 34 of 55
Summary of Proposed Planning Scheme Amendment
MBRC policy end Current MBRC Planning Scheme
Advertised Proposed Planning Scheme
Amendment
Amended Proposed Planning Scheme
Amendment
Other necessary changes to achieve MBRC policy end
Substantial change
Warner growth area - o Enable conversion of existing
industryrural residential to transition to residential outcomes
o Conversion consistent with the SEQ Regional Plan identification of Warner for growth
Industry zone and rural residential surrounded by existing residential and main roads Preliminary approval (Variation) would involve - Impact assessment - Major non-compliance with the
assessment benchmarks
- Zone change to Emerging
Community - Overlay map - Structure
planned area - Level of assessment - Service Area - RAL Code
assessment No Service Area - RAL
Impact assessment
Changes - Delete reference to CIA - Delete reference to service area
non service area Result - No change to Overlay map -
Structure planned area - Level of Assessment - RAL
Code assessment
Strengthening of assessment benchmarks required in the Emerging Community Zone Code andor RAL Code - Emerging Community Zone to assist code assessment
No Maintain overlay map as advertised maintain Level of Assessment remove reference to CIA and remove reference to Service Area and Non-Service Area
Caboolture West growth area - (Area 1) - o Enable Area 1 to proceed to
development including residential and local centre
o Consistent with the SEQ Regional Planrsquos identification of Caboolture West as an expansion area
Preliminary approval (Variation) would involve - Impact assessment - Major non-compliance with the
assessment benchmarks without a Neighhourhood Development Plan for Area 1
- Area 1 - Overlay map -
Structure planned area - Level of assessment Service Area - RAL Code
assessment Non Service Area - RAL
Impact assessment
Changes - Delete reference to CIA - Delete reference to service area
non service area Result - No change to Overlay map -
Structure planned area - Level of assessment - RAL Code
assessment for SPA1
Strengthening of assessment benchmarks required in the Local Plan Zone Code andor RAL Code - Emerging Community Zone to assist code assessment
No Maintain overlay map as advertised maintain Level of Assessment remove reference to CIA remove reference to Service Area and Non-Service Area
Caboolture West growth area - (Balance of Caboolture West) - o Enable subsequent stages to
be structure planned and released through future scheme amendments
Preliminary approval (Variation) would involve - Impact assessment - Major non-compliance with the
assessment benchmarks without a Neighhourhood Development Plan for the relevant area
- Overlay map - Future Structure
plan area - Level of assessment - Impact assessment
Changes - Delete reference to CIA - Delete reference to service area
non service area Result - No change to Overlay map -
Future Structure plan area - Level of assessment - Impact
assessment
Revisit strategic framework to delete CIA and ensure strategic outcomes accurately reflect the future timing of these fronts
No Maintain overlay map as advertised remove reference to CIA Minor change to the strategic framework
Other growth areas to be structure planned and held subject to planning infrastructure requirements and financial obligations being determined o Morayfield o Burpengary east o Narangba east o Joyner
RAL application would involve - Code assessment - Major non-compliance with the
assessment benchmarks in the absence of integrated land use and infrastructure planning
MCU application would involve impact assessment
- Overlay Map - Future structure
planned area - Level of assessment - RAL
Impact assessment - Major non-compliance with the
assessment benchmarks in the absence of integrated land use and infrastructure planning including the strategic outcomes
Changes - Delete references to CIA in the
strategic framework - Delete references to service
area non service area Result - No change to Overlay map -
Future structure planned area
Revisit strategic framework to delete CIA and ensure strategic outcomes accurately reflect the future timing of these fronts
No Maintain overlay map as advertised maintain Level of Assessment and remove reference to CIA
RTI1819-035-DSDMIP - Page 35 of 55
MBRC policy end Current MBRC Planning
Scheme Advertised Proposed
Planning Scheme Amendment
Amended Proposed Planning Scheme
Amendment
Other necessary changes to achieve MBRC policy end
Substantial change
- No change to Level of assessment - RAL Impact assessment
Balance of Proposed Planning Scheme Amendment
Not applicable
Changes proposed (carports setbacks sheds etc)
No further changes to the proposed Planning Scheme Amendment as provided post consultation
Not applicable
Not applicable
RTI1819-035-DSDMIP - Page 36 of 55
From Graeme BoltonTo Stewart Pentland Kerry Doss Megan BayntunCc Anthony MartiniSubject RE MBRC Planning Scheme Amendment Meeting 13062018Date Monday 18 June 2018 82200 AMAttachments image001png
image002jpg
Hi Stewart Thank you for providing the attached table and below information As per Kerryrsquos email we willreview and respond as soon as possible Regards Graeme
Graeme BoltonExecutive Director Planning and Development ServicesPlanning GroupDepartment of State Development Manufacturing Infrastructure and Planning---------------------------------------------------------------------------------------------------------------------------------------------
P 07 3452 6741 MLevel 13 1 William Street Brisbane QLD 4000PO Box 15009 City East QLD 4002wwwdsdmipqldgovau
From Stewart Pentland [mailtoStewartPentlandmoretonbayqldgovau] Sent Thursday 14 June 2018 1234 PMTo Kerry Doss ltKerryDossdsdmipqldgovaugt Graeme BoltonltGraemeBoltondsdmipqldgovaugt Megan Bayntun ltMeganBayntundsdmipqldgovaugtCc Anthony Martini ltAnthonyMartinimoretonbayqldgovaugtSubject MBRC Planning Scheme Amendment Meeting 13062018 Graeme Kerry and Megan Thank you for your time yesterday Tony and I found the meeting most useful As discussed and agreed in principle
1 Council would document a series of proposed changes to the existing Planning SchemeAmendment that responds to the States direction to remove reference to the CIA andassociated service area non-service area concepts (see attached)
2 Subject to an iterative process between the State and council this information would thenform the basis of a conditional approval of the current major scheme amendment amp
3 The existing amendment would then be finalised by way of a conditional approval consistentwith points 1 and 2 above ASAP
RTI1819-035-DSDMIP - Page 37 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
Please find attached a first draft table outlining what are considered to be the necessary changesto the current amendment We would welcome your thoughts on this so that we can continue todevelop its contents with you I note you indicated that for this approach to be utilised you would need to be comfortable thatthe type of changes proposed did not constitute a substantial change As a consequence we haveincluded a column (Substantial change) that includes our appraisal of each proposed change Againwe would welcome your thoughts on this matter also It would be good to progress this matter ASAP In doing so it would be appreciated if you couldadvise when you consider you may be able to provide a response to these initial draftrepresentations In the interim should you require anything further please let me know Regards Stewart PentlandDirectorPlanning and Economic DevelopmentMoreton Bay Regional Council2 Hasking Street Caboolture Qld 4510P 07 5433 2023M Email stewartpentlandmoretonbayqldgovauwwwmoretonbayqldgovau CCR3_email_signhr
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in this e-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are not anamed recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legalprivilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete all copiesimmediately and contact the sender to advise of the errorIt is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liability forloss or damage arising directly or indirectly from opening this email opening any attachments or any communication errorsThe views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 38 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
From Graeme BoltonTo Anthony MartiniCc Ann Abbott Stewart Pentland Kerry DossSubject RE Moreton Bay Regional Council - Amendment to Planning Scheme ProgressDate Tuesday 10 July 2018 65800 PMAttachments image001png
Good afternoon Tony Thank you for your email below I do apologise for not being able to take your call I was in ameeting and then subsequently on a teleconference when you phoned As discussed last week we met with DTMR officers who agreed to provide us with additionalinformation by tomorrow We greatly appreciate the councilrsquos willingness to work with the department to find a wayforward However given the complexity of the amendments it is not as easy as you portray tohave ldquoremoved the CIA and the servicenon service area referencesrdquo All we have at this point intime is a high level table with expressed intent To give effect to this intent involves significantchanges to the proposed amendment and carries a very high risk of unintended consequencesfor the operation of the planning scheme and potential lawfulness of the amendment I amextremely concerned about agreeing to something now only to find out after the Minister hasconditionally approved the amendment that the expressed intent cannot be delivered We are endeavouring to find a solution I will advise further once we have received theadditional information from DTMR Regards Graeme
Graeme BoltonExecutive Director Planning and Development ServicesPlanning GroupDepartment of State Development Manufacturing Infrastructure and Planning--------------------------------------------------------------- ---------------------------
P 07 3452 6741 MLevel 13 1 William Street Brisbane QLD 4000PO Box 15009 City East QLD 4002wwwdsdmipqldgovau
From Anthony Martini [mailtoAnthonyMartinimoretonbayqldgovau] Sent Tuesday 10 July 2018 108 PMTo Graeme Bolton ltGraemeBoltondsdmipqldgovaugtCc Ann Abbott ltAnnAbbottmoretonbayqldgovaugt Stewart PentlandltStewartPentlandmoretonbayqldgovaugt Kerry Doss ltKerryDossdsdmipqldgovaugtSubject Moreton Bay Regional Council - Amendment to Planning Scheme Progress
RTI1819-035-DSDMIP - Page 39 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
Hi Graeme Appreciate that you are busy however I have endeavoured to make contact with you over thepast few days for the purposes of understanding where we are at with regards to receiving apartial or full draft condition set to the amendment to the planning scheme It is nearly 4 weeks since we first met at which meeting MBRC offered to remove the CIA andservice areas non service areas from the amendment and provided shortly thereafter a tablesummary of these changes for further discussion and guidance for the State and MBRC to workthrough You have advised that these changes are agreed in principle You have also advised that thechanges need to be worked through I am in a position where I need some information from you as to what is occurring and when toprovide to the CEO and Mayor From MBRCrsquos perspective we have undertaken all that has beenasked of MBRC - removed the CIA and the servicenon service area references Is there anythingelse which MBRC needs to consider I await your advice Thanks Tony
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in thise-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are nota named recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legalprivilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete allcopies immediately and contact the sender to advise of the errorIt is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liabilityfor loss or damage arising directly or indirectly from opening this email opening any attachments or any communication errorsThe views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 40 of 55
From Graeme BoltonTo Anthony MartiniCc Stewart Pentland Kerry Doss Garth NolanSubject RE Update on draft conditionsDate Thursday 5 July 2018 30400 PMAttachments image001png
image002png
Hi Tony I appreciate your concerns and we are progressing this as fast as possible As you can alsohopefully appreciate the amendment in its own right is a very large and complex document Thechanges being proposed are not unsubstantial and have multiple unintended consequencesmany of which have the potential to adversely affect matters of state interest As such we aretrying to resolve these to an acceptable level (for the state) before sharing these with you I will forward these to you as soon as possible Regards Graeme
Graeme BoltonExecutive Director Planning and Development ServicesPlanning GroupDepartment of State Development Manufacturing Infrastructure and Planning---------------------------------------------------------------------------------------------------------------------------------------------
P 07 3452 6741 MLevel 13 1 William Street Brisbane QLD 4000PO Box 15009 City East QLD 4002wwwdsdmipqldgovau
From Anthony Martini [mailtoAnthonyMartinimoretonbayqldgovau] Sent Tuesday 3 July 2018 543 PMTo Graeme Bolton ltGraemeBoltondsdmipqldgovaugtCc Stewart Pentland ltStewartPentlandmoretonbayqldgovaugt Kerry DossltKerryDossdsdmipqldgovaugt Garth Nolan ltGarthNolandsdmipqldgovaugtSubject RE Update on draft conditions Hi Graeme Thank you for the update It would be good to catch up sooner rather than later as it is fast approaching 3 weeks since ourinitial meeting I can advise that the Mayor sought advice from me as to where the amendmentwas at - as I had advised him 10 days ago that a draft set was to be available with a day or so As discussed our preference is to collaboratively work on the content of the draft conditions Itwould be appreciated if you could send through the balance of the approval and conditions now
RTI1819-035-DSDMIP - Page 41 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
this will enable us to get the process moving Thanks Tony
From Graeme Bolton [mailtoGraemeBoltondsdmipqldgovau] Sent Tuesday 3 July 2018 307 PMTo Anthony Martini ltAnthonyMartinimoretonbayqldgovaugtCc Stewart Pentland ltStewartPentlandmoretonbayqldgovaugt Kerry DossltKerryDossdsdmipqldgovaugt Garth Nolan ltGarthNolandsdmipqldgovaugtSubject Update on draft conditions Hi Tony As previously advised I met with senior officers from DTMR today to discuss some concernstheyrsquove raised in respect to conditioning the proposed amendment I believe we have a wayforward and DTMR are working on a couple of options as a matter of priority I am expecting tohave something back from DTMR mid next week We will continue to work closely with them totry and get something out sooner As previously discussed we will share the draft conditions once we are satisfied with them Wewould be happy to work with you to ensure they are workable from councilrsquos perspective Regards Graeme
Graeme BoltonExecutive Director Planning and Development ServicesPlanning GroupDepartment of State Development Manufacturing Infrastructure and Planning---------------------------------------------------------------- -------------------------------
P 07 3452 6741 MLevel 13 1 William Street Brisbane QLD 4000PO Box 15009 City East QLD 4002wwwdsdmipqldgovau
This email and any attachments may contain confidential or privileged information and may be protected by copyright Youmust not use or disclose them other than for the purposes for which they were supplied The confidentiality and privilegeattached to this message and attachment is not waived by reason of mistaken delivery to you If you are not the intendedrecipient you must not use disclose retain forward or reproduce this message or any attachments If you receive thismessage in error please notify the sender by return email or telephone and destroy and delete all copies The Departmentdoes not accept any responsibility for any loss or damage that may result from reliance on or use of any informationcontained in this email andor attachments
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in this
e-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are not
RTI1819-035-DSDMIP - Page 42 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
a named recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legal
privilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete all
copies immediately and contact the sender to advise of the error
It is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liability
for loss or damage arising directly or indirectly from opening this email opening any attachments or any communication errors
The views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 43 of 55
RTI1819-035-DSDMIP - Page 44 of 55
RTI1819-035-DSDMIP - Page 45 of 55
RTI1819-035-DSDMIP - Page 46 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
RTI1819-035-DSDMIP - Page 47 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
RTI1819-035-DSDMIP - Page 48 of 55
RTI1819-035-DSDMIP - Page 49 of 55
RTI1819-035-DSDMIP - Page 50 of 55
RTI1819-035-DSDMIP - Page 51 of 55
RTI1819-035-DSDMIP - Page 52 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
RTI1819-035-DSDMIP - Page 53 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
RTI1819-035-DSDMIP - Page 54 of 55
RTI1819-035-DSDMIP - Page 55 of 55
Summary of Proposed Planning Scheme Amendment
MBRC policy end Current MBRC Planning Scheme
Advertised Proposed Planning Scheme
Amendment
Amended Proposed Planning Scheme
Amendment
Other necessary changes to achieve MBRC policy end
Substantial change
Warner growth area - o Enable conversion of existing
industryrural residential to transition to residential outcomes
o Conversion consistent with the SEQ Regional Plan identification of Warner for growth
Industry zone and rural residential surrounded by existing residential and main roads Preliminary approval (Variation) would involve - Impact assessment - Major non-compliance with the
assessment benchmarks
- Zone change to Emerging
Community - Overlay map - Structure
planned area - Level of assessment - Service Area - RAL Code
assessment No Service Area - RAL
Impact assessment
Changes - Delete reference to CIA - Delete reference to service area
non service area Result - No change to Overlay map -
Structure planned area - Level of Assessment - RAL
Code assessment
Strengthening of assessment benchmarks required in the Emerging Community Zone Code andor RAL Code - Emerging Community Zone to assist code assessment
No Maintain overlay map as advertised maintain Level of Assessment remove reference to CIA and remove reference to Service Area and Non-Service Area
Caboolture West growth area - (Area 1) - o Enable Area 1 to proceed to
development including residential and local centre
o Consistent with the SEQ Regional Planrsquos identification of Caboolture West as an expansion area
Preliminary approval (Variation) would involve - Impact assessment - Major non-compliance with the
assessment benchmarks without a Neighhourhood Development Plan for Area 1
- Area 1 - Overlay map -
Structure planned area - Level of assessment Service Area - RAL Code
assessment Non Service Area - RAL
Impact assessment
Changes - Delete reference to CIA - Delete reference to service area
non service area Result - No change to Overlay map -
Structure planned area - Level of assessment - RAL Code
assessment for SPA1
Strengthening of assessment benchmarks required in the Local Plan Zone Code andor RAL Code - Emerging Community Zone to assist code assessment
No Maintain overlay map as advertised maintain Level of Assessment remove reference to CIA remove reference to Service Area and Non-Service Area
Caboolture West growth area - (Balance of Caboolture West) - o Enable subsequent stages to
be structure planned and released through future scheme amendments
Preliminary approval (Variation) would involve - Impact assessment - Major non-compliance with the
assessment benchmarks without a Neighhourhood Development Plan for the relevant area
- Overlay map - Future Structure
plan area - Level of assessment - Impact assessment
Changes - Delete reference to CIA - Delete reference to service area
non service area Result - No change to Overlay map -
Future Structure plan area - Level of assessment - Impact
assessment
Revisit strategic framework to delete CIA and ensure strategic outcomes accurately reflect the future timing of these fronts
No Maintain overlay map as advertised remove reference to CIA Minor change to the strategic framework
Other growth areas to be structure planned and held subject to planning infrastructure requirements and financial obligations being determined o Morayfield o Burpengary east o Narangba east o Joyner
RAL application would involve - Code assessment - Major non-compliance with the
assessment benchmarks in the absence of integrated land use and infrastructure planning
MCU application would involve impact assessment
- Overlay Map - Future structure
planned area - Level of assessment - RAL
Impact assessment - Major non-compliance with the
assessment benchmarks in the absence of integrated land use and infrastructure planning including the strategic outcomes
Changes - Delete references to CIA in the
strategic framework - Delete references to service
area non service area Result - No change to Overlay map -
Future structure planned area
Revisit strategic framework to delete CIA and ensure strategic outcomes accurately reflect the future timing of these fronts
No Maintain overlay map as advertised maintain Level of Assessment and remove reference to CIA
MBRC policy end Current MBRC Planning
Scheme Advertised Proposed
Planning Scheme Amendment
Amended Proposed Planning Scheme
Amendment
Other necessary changes to achieve MBRC policy end
Substantial change
- No change to Level of assessment - RAL Impact assessment
Balance of Proposed Planning Scheme Amendment
Not applicable
Changes proposed (carports setbacks sheds etc)
No further changes to the proposed Planning Scheme Amendment as provided post consultation
Not applicable
Not applicable
PO Box 15009 City East QLD 4002wwwdsdmipqldgovau
From Stewart Pentland [mailtoStewartPentlandmoretonbayqldgovau] Sent Thursday 14 June 2018 1234 PMTo Kerry Doss ltKerryDossdsdmipqldgovaugt Graeme BoltonltGraemeBoltondsdmipqldgovaugt Megan Bayntun ltMeganBayntundsdmipqldgovaugtCc Anthony Martini ltAnthonyMartinimoretonbayqldgovaugtSubject MBRC Planning Scheme Amendment Meeting 13062018 Graeme Kerry and Megan Thank you for your time yesterday Tony and I found the meeting most useful As discussed and agreed in principle
1 Council would document a series of proposed changes to the existing Planning SchemeAmendment that responds to the States direction to remove reference to the CIA andassociated service area non-service area concepts (see attached)
2 Subject to an iterative process between the State and council this information would thenform the basis of a conditional approval of the current major scheme amendment amp
3 The existing amendment would then be finalised by way of a conditional approval consistentwith points 1 and 2 above ASAP
Please find attached a first draft table outlining what are considered to be the necessary changesto the current amendment We would welcome your thoughts on this so that we can continue todevelop its contents with you I note you indicated that for this approach to be utilised you would need to be comfortable thatthe type of changes proposed did not constitute a substantial change As a consequence we haveincluded a column (Substantial change) that includes our appraisal of each proposed change Againwe would welcome your thoughts on this matter also It would be good to progress this matter ASAP In doing so it would be appreciated if you couldadvise when you consider you may be able to provide a response to these initial draftrepresentations In the interim should you require anything further please let me know Regards Stewart PentlandDirectorPlanning and Economic DevelopmentMoreton Bay Regional Council2 Hasking Street Caboolture Qld 4510P 07 5433 2023M Email stewartpentlandmoretonbayqldgovauwwwmoretonbayqldgovau
RTI1819-035-DSDMIP - Page 33 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in this e-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are not anamed recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legalprivilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete all copiesimmediately and contact the sender to advise of the errorIt is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liability forloss or damage arising directly or indirectly from opening this email opening any attachments or any communication errorsThe views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 34 of 55
Summary of Proposed Planning Scheme Amendment
MBRC policy end Current MBRC Planning Scheme
Advertised Proposed Planning Scheme
Amendment
Amended Proposed Planning Scheme
Amendment
Other necessary changes to achieve MBRC policy end
Substantial change
Warner growth area - o Enable conversion of existing
industryrural residential to transition to residential outcomes
o Conversion consistent with the SEQ Regional Plan identification of Warner for growth
Industry zone and rural residential surrounded by existing residential and main roads Preliminary approval (Variation) would involve - Impact assessment - Major non-compliance with the
assessment benchmarks
- Zone change to Emerging
Community - Overlay map - Structure
planned area - Level of assessment - Service Area - RAL Code
assessment No Service Area - RAL
Impact assessment
Changes - Delete reference to CIA - Delete reference to service area
non service area Result - No change to Overlay map -
Structure planned area - Level of Assessment - RAL
Code assessment
Strengthening of assessment benchmarks required in the Emerging Community Zone Code andor RAL Code - Emerging Community Zone to assist code assessment
No Maintain overlay map as advertised maintain Level of Assessment remove reference to CIA and remove reference to Service Area and Non-Service Area
Caboolture West growth area - (Area 1) - o Enable Area 1 to proceed to
development including residential and local centre
o Consistent with the SEQ Regional Planrsquos identification of Caboolture West as an expansion area
Preliminary approval (Variation) would involve - Impact assessment - Major non-compliance with the
assessment benchmarks without a Neighhourhood Development Plan for Area 1
- Area 1 - Overlay map -
Structure planned area - Level of assessment Service Area - RAL Code
assessment Non Service Area - RAL
Impact assessment
Changes - Delete reference to CIA - Delete reference to service area
non service area Result - No change to Overlay map -
Structure planned area - Level of assessment - RAL Code
assessment for SPA1
Strengthening of assessment benchmarks required in the Local Plan Zone Code andor RAL Code - Emerging Community Zone to assist code assessment
No Maintain overlay map as advertised maintain Level of Assessment remove reference to CIA remove reference to Service Area and Non-Service Area
Caboolture West growth area - (Balance of Caboolture West) - o Enable subsequent stages to
be structure planned and released through future scheme amendments
Preliminary approval (Variation) would involve - Impact assessment - Major non-compliance with the
assessment benchmarks without a Neighhourhood Development Plan for the relevant area
- Overlay map - Future Structure
plan area - Level of assessment - Impact assessment
Changes - Delete reference to CIA - Delete reference to service area
non service area Result - No change to Overlay map -
Future Structure plan area - Level of assessment - Impact
assessment
Revisit strategic framework to delete CIA and ensure strategic outcomes accurately reflect the future timing of these fronts
No Maintain overlay map as advertised remove reference to CIA Minor change to the strategic framework
Other growth areas to be structure planned and held subject to planning infrastructure requirements and financial obligations being determined o Morayfield o Burpengary east o Narangba east o Joyner
RAL application would involve - Code assessment - Major non-compliance with the
assessment benchmarks in the absence of integrated land use and infrastructure planning
MCU application would involve impact assessment
- Overlay Map - Future structure
planned area - Level of assessment - RAL
Impact assessment - Major non-compliance with the
assessment benchmarks in the absence of integrated land use and infrastructure planning including the strategic outcomes
Changes - Delete references to CIA in the
strategic framework - Delete references to service
area non service area Result - No change to Overlay map -
Future structure planned area
Revisit strategic framework to delete CIA and ensure strategic outcomes accurately reflect the future timing of these fronts
No Maintain overlay map as advertised maintain Level of Assessment and remove reference to CIA
RTI1819-035-DSDMIP - Page 35 of 55
MBRC policy end Current MBRC Planning
Scheme Advertised Proposed
Planning Scheme Amendment
Amended Proposed Planning Scheme
Amendment
Other necessary changes to achieve MBRC policy end
Substantial change
- No change to Level of assessment - RAL Impact assessment
Balance of Proposed Planning Scheme Amendment
Not applicable
Changes proposed (carports setbacks sheds etc)
No further changes to the proposed Planning Scheme Amendment as provided post consultation
Not applicable
Not applicable
RTI1819-035-DSDMIP - Page 36 of 55
From Graeme BoltonTo Stewart Pentland Kerry Doss Megan BayntunCc Anthony MartiniSubject RE MBRC Planning Scheme Amendment Meeting 13062018Date Monday 18 June 2018 82200 AMAttachments image001png
image002jpg
Hi Stewart Thank you for providing the attached table and below information As per Kerryrsquos email we willreview and respond as soon as possible Regards Graeme
Graeme BoltonExecutive Director Planning and Development ServicesPlanning GroupDepartment of State Development Manufacturing Infrastructure and Planning---------------------------------------------------------------------------------------------------------------------------------------------
P 07 3452 6741 MLevel 13 1 William Street Brisbane QLD 4000PO Box 15009 City East QLD 4002wwwdsdmipqldgovau
From Stewart Pentland [mailtoStewartPentlandmoretonbayqldgovau] Sent Thursday 14 June 2018 1234 PMTo Kerry Doss ltKerryDossdsdmipqldgovaugt Graeme BoltonltGraemeBoltondsdmipqldgovaugt Megan Bayntun ltMeganBayntundsdmipqldgovaugtCc Anthony Martini ltAnthonyMartinimoretonbayqldgovaugtSubject MBRC Planning Scheme Amendment Meeting 13062018 Graeme Kerry and Megan Thank you for your time yesterday Tony and I found the meeting most useful As discussed and agreed in principle
1 Council would document a series of proposed changes to the existing Planning SchemeAmendment that responds to the States direction to remove reference to the CIA andassociated service area non-service area concepts (see attached)
2 Subject to an iterative process between the State and council this information would thenform the basis of a conditional approval of the current major scheme amendment amp
3 The existing amendment would then be finalised by way of a conditional approval consistentwith points 1 and 2 above ASAP
RTI1819-035-DSDMIP - Page 37 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
Please find attached a first draft table outlining what are considered to be the necessary changesto the current amendment We would welcome your thoughts on this so that we can continue todevelop its contents with you I note you indicated that for this approach to be utilised you would need to be comfortable thatthe type of changes proposed did not constitute a substantial change As a consequence we haveincluded a column (Substantial change) that includes our appraisal of each proposed change Againwe would welcome your thoughts on this matter also It would be good to progress this matter ASAP In doing so it would be appreciated if you couldadvise when you consider you may be able to provide a response to these initial draftrepresentations In the interim should you require anything further please let me know Regards Stewart PentlandDirectorPlanning and Economic DevelopmentMoreton Bay Regional Council2 Hasking Street Caboolture Qld 4510P 07 5433 2023M Email stewartpentlandmoretonbayqldgovauwwwmoretonbayqldgovau CCR3_email_signhr
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in this e-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are not anamed recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legalprivilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete all copiesimmediately and contact the sender to advise of the errorIt is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liability forloss or damage arising directly or indirectly from opening this email opening any attachments or any communication errorsThe views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 38 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
From Graeme BoltonTo Anthony MartiniCc Ann Abbott Stewart Pentland Kerry DossSubject RE Moreton Bay Regional Council - Amendment to Planning Scheme ProgressDate Tuesday 10 July 2018 65800 PMAttachments image001png
Good afternoon Tony Thank you for your email below I do apologise for not being able to take your call I was in ameeting and then subsequently on a teleconference when you phoned As discussed last week we met with DTMR officers who agreed to provide us with additionalinformation by tomorrow We greatly appreciate the councilrsquos willingness to work with the department to find a wayforward However given the complexity of the amendments it is not as easy as you portray tohave ldquoremoved the CIA and the servicenon service area referencesrdquo All we have at this point intime is a high level table with expressed intent To give effect to this intent involves significantchanges to the proposed amendment and carries a very high risk of unintended consequencesfor the operation of the planning scheme and potential lawfulness of the amendment I amextremely concerned about agreeing to something now only to find out after the Minister hasconditionally approved the amendment that the expressed intent cannot be delivered We are endeavouring to find a solution I will advise further once we have received theadditional information from DTMR Regards Graeme
Graeme BoltonExecutive Director Planning and Development ServicesPlanning GroupDepartment of State Development Manufacturing Infrastructure and Planning--------------------------------------------------------------- ---------------------------
P 07 3452 6741 MLevel 13 1 William Street Brisbane QLD 4000PO Box 15009 City East QLD 4002wwwdsdmipqldgovau
From Anthony Martini [mailtoAnthonyMartinimoretonbayqldgovau] Sent Tuesday 10 July 2018 108 PMTo Graeme Bolton ltGraemeBoltondsdmipqldgovaugtCc Ann Abbott ltAnnAbbottmoretonbayqldgovaugt Stewart PentlandltStewartPentlandmoretonbayqldgovaugt Kerry Doss ltKerryDossdsdmipqldgovaugtSubject Moreton Bay Regional Council - Amendment to Planning Scheme Progress
RTI1819-035-DSDMIP - Page 39 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
Hi Graeme Appreciate that you are busy however I have endeavoured to make contact with you over thepast few days for the purposes of understanding where we are at with regards to receiving apartial or full draft condition set to the amendment to the planning scheme It is nearly 4 weeks since we first met at which meeting MBRC offered to remove the CIA andservice areas non service areas from the amendment and provided shortly thereafter a tablesummary of these changes for further discussion and guidance for the State and MBRC to workthrough You have advised that these changes are agreed in principle You have also advised that thechanges need to be worked through I am in a position where I need some information from you as to what is occurring and when toprovide to the CEO and Mayor From MBRCrsquos perspective we have undertaken all that has beenasked of MBRC - removed the CIA and the servicenon service area references Is there anythingelse which MBRC needs to consider I await your advice Thanks Tony
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in thise-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are nota named recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legalprivilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete allcopies immediately and contact the sender to advise of the errorIt is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liabilityfor loss or damage arising directly or indirectly from opening this email opening any attachments or any communication errorsThe views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 40 of 55
From Graeme BoltonTo Anthony MartiniCc Stewart Pentland Kerry Doss Garth NolanSubject RE Update on draft conditionsDate Thursday 5 July 2018 30400 PMAttachments image001png
image002png
Hi Tony I appreciate your concerns and we are progressing this as fast as possible As you can alsohopefully appreciate the amendment in its own right is a very large and complex document Thechanges being proposed are not unsubstantial and have multiple unintended consequencesmany of which have the potential to adversely affect matters of state interest As such we aretrying to resolve these to an acceptable level (for the state) before sharing these with you I will forward these to you as soon as possible Regards Graeme
Graeme BoltonExecutive Director Planning and Development ServicesPlanning GroupDepartment of State Development Manufacturing Infrastructure and Planning---------------------------------------------------------------------------------------------------------------------------------------------
P 07 3452 6741 MLevel 13 1 William Street Brisbane QLD 4000PO Box 15009 City East QLD 4002wwwdsdmipqldgovau
From Anthony Martini [mailtoAnthonyMartinimoretonbayqldgovau] Sent Tuesday 3 July 2018 543 PMTo Graeme Bolton ltGraemeBoltondsdmipqldgovaugtCc Stewart Pentland ltStewartPentlandmoretonbayqldgovaugt Kerry DossltKerryDossdsdmipqldgovaugt Garth Nolan ltGarthNolandsdmipqldgovaugtSubject RE Update on draft conditions Hi Graeme Thank you for the update It would be good to catch up sooner rather than later as it is fast approaching 3 weeks since ourinitial meeting I can advise that the Mayor sought advice from me as to where the amendmentwas at - as I had advised him 10 days ago that a draft set was to be available with a day or so As discussed our preference is to collaboratively work on the content of the draft conditions Itwould be appreciated if you could send through the balance of the approval and conditions now
RTI1819-035-DSDMIP - Page 41 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
this will enable us to get the process moving Thanks Tony
From Graeme Bolton [mailtoGraemeBoltondsdmipqldgovau] Sent Tuesday 3 July 2018 307 PMTo Anthony Martini ltAnthonyMartinimoretonbayqldgovaugtCc Stewart Pentland ltStewartPentlandmoretonbayqldgovaugt Kerry DossltKerryDossdsdmipqldgovaugt Garth Nolan ltGarthNolandsdmipqldgovaugtSubject Update on draft conditions Hi Tony As previously advised I met with senior officers from DTMR today to discuss some concernstheyrsquove raised in respect to conditioning the proposed amendment I believe we have a wayforward and DTMR are working on a couple of options as a matter of priority I am expecting tohave something back from DTMR mid next week We will continue to work closely with them totry and get something out sooner As previously discussed we will share the draft conditions once we are satisfied with them Wewould be happy to work with you to ensure they are workable from councilrsquos perspective Regards Graeme
Graeme BoltonExecutive Director Planning and Development ServicesPlanning GroupDepartment of State Development Manufacturing Infrastructure and Planning---------------------------------------------------------------- -------------------------------
P 07 3452 6741 MLevel 13 1 William Street Brisbane QLD 4000PO Box 15009 City East QLD 4002wwwdsdmipqldgovau
This email and any attachments may contain confidential or privileged information and may be protected by copyright Youmust not use or disclose them other than for the purposes for which they were supplied The confidentiality and privilegeattached to this message and attachment is not waived by reason of mistaken delivery to you If you are not the intendedrecipient you must not use disclose retain forward or reproduce this message or any attachments If you receive thismessage in error please notify the sender by return email or telephone and destroy and delete all copies The Departmentdoes not accept any responsibility for any loss or damage that may result from reliance on or use of any informationcontained in this email andor attachments
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in this
e-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are not
RTI1819-035-DSDMIP - Page 42 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
a named recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legal
privilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete all
copies immediately and contact the sender to advise of the error
It is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liability
for loss or damage arising directly or indirectly from opening this email opening any attachments or any communication errors
The views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 43 of 55
RTI1819-035-DSDMIP - Page 44 of 55
RTI1819-035-DSDMIP - Page 45 of 55
RTI1819-035-DSDMIP - Page 46 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
RTI1819-035-DSDMIP - Page 47 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
RTI1819-035-DSDMIP - Page 48 of 55
RTI1819-035-DSDMIP - Page 49 of 55
RTI1819-035-DSDMIP - Page 50 of 55
RTI1819-035-DSDMIP - Page 51 of 55
RTI1819-035-DSDMIP - Page 52 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
RTI1819-035-DSDMIP - Page 53 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
RTI1819-035-DSDMIP - Page 54 of 55
RTI1819-035-DSDMIP - Page 55 of 55
MBRC policy end Current MBRC Planning
Scheme Advertised Proposed
Planning Scheme Amendment
Amended Proposed Planning Scheme
Amendment
Other necessary changes to achieve MBRC policy end
Substantial change
- No change to Level of assessment - RAL Impact assessment
Balance of Proposed Planning Scheme Amendment
Not applicable
Changes proposed (carports setbacks sheds etc)
No further changes to the proposed Planning Scheme Amendment as provided post consultation
Not applicable
Not applicable
PO Box 15009 City East QLD 4002wwwdsdmipqldgovau
From Stewart Pentland [mailtoStewartPentlandmoretonbayqldgovau] Sent Thursday 14 June 2018 1234 PMTo Kerry Doss ltKerryDossdsdmipqldgovaugt Graeme BoltonltGraemeBoltondsdmipqldgovaugt Megan Bayntun ltMeganBayntundsdmipqldgovaugtCc Anthony Martini ltAnthonyMartinimoretonbayqldgovaugtSubject MBRC Planning Scheme Amendment Meeting 13062018 Graeme Kerry and Megan Thank you for your time yesterday Tony and I found the meeting most useful As discussed and agreed in principle
1 Council would document a series of proposed changes to the existing Planning SchemeAmendment that responds to the States direction to remove reference to the CIA andassociated service area non-service area concepts (see attached)
2 Subject to an iterative process between the State and council this information would thenform the basis of a conditional approval of the current major scheme amendment amp
3 The existing amendment would then be finalised by way of a conditional approval consistentwith points 1 and 2 above ASAP
Please find attached a first draft table outlining what are considered to be the necessary changesto the current amendment We would welcome your thoughts on this so that we can continue todevelop its contents with you I note you indicated that for this approach to be utilised you would need to be comfortable thatthe type of changes proposed did not constitute a substantial change As a consequence we haveincluded a column (Substantial change) that includes our appraisal of each proposed change Againwe would welcome your thoughts on this matter also It would be good to progress this matter ASAP In doing so it would be appreciated if you couldadvise when you consider you may be able to provide a response to these initial draftrepresentations In the interim should you require anything further please let me know Regards Stewart PentlandDirectorPlanning and Economic DevelopmentMoreton Bay Regional Council2 Hasking Street Caboolture Qld 4510P 07 5433 2023M Email stewartpentlandmoretonbayqldgovauwwwmoretonbayqldgovau
RTI1819-035-DSDMIP - Page 33 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in this e-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are not anamed recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legalprivilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete all copiesimmediately and contact the sender to advise of the errorIt is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liability forloss or damage arising directly or indirectly from opening this email opening any attachments or any communication errorsThe views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 34 of 55
Summary of Proposed Planning Scheme Amendment
MBRC policy end Current MBRC Planning Scheme
Advertised Proposed Planning Scheme
Amendment
Amended Proposed Planning Scheme
Amendment
Other necessary changes to achieve MBRC policy end
Substantial change
Warner growth area - o Enable conversion of existing
industryrural residential to transition to residential outcomes
o Conversion consistent with the SEQ Regional Plan identification of Warner for growth
Industry zone and rural residential surrounded by existing residential and main roads Preliminary approval (Variation) would involve - Impact assessment - Major non-compliance with the
assessment benchmarks
- Zone change to Emerging
Community - Overlay map - Structure
planned area - Level of assessment - Service Area - RAL Code
assessment No Service Area - RAL
Impact assessment
Changes - Delete reference to CIA - Delete reference to service area
non service area Result - No change to Overlay map -
Structure planned area - Level of Assessment - RAL
Code assessment
Strengthening of assessment benchmarks required in the Emerging Community Zone Code andor RAL Code - Emerging Community Zone to assist code assessment
No Maintain overlay map as advertised maintain Level of Assessment remove reference to CIA and remove reference to Service Area and Non-Service Area
Caboolture West growth area - (Area 1) - o Enable Area 1 to proceed to
development including residential and local centre
o Consistent with the SEQ Regional Planrsquos identification of Caboolture West as an expansion area
Preliminary approval (Variation) would involve - Impact assessment - Major non-compliance with the
assessment benchmarks without a Neighhourhood Development Plan for Area 1
- Area 1 - Overlay map -
Structure planned area - Level of assessment Service Area - RAL Code
assessment Non Service Area - RAL
Impact assessment
Changes - Delete reference to CIA - Delete reference to service area
non service area Result - No change to Overlay map -
Structure planned area - Level of assessment - RAL Code
assessment for SPA1
Strengthening of assessment benchmarks required in the Local Plan Zone Code andor RAL Code - Emerging Community Zone to assist code assessment
No Maintain overlay map as advertised maintain Level of Assessment remove reference to CIA remove reference to Service Area and Non-Service Area
Caboolture West growth area - (Balance of Caboolture West) - o Enable subsequent stages to
be structure planned and released through future scheme amendments
Preliminary approval (Variation) would involve - Impact assessment - Major non-compliance with the
assessment benchmarks without a Neighhourhood Development Plan for the relevant area
- Overlay map - Future Structure
plan area - Level of assessment - Impact assessment
Changes - Delete reference to CIA - Delete reference to service area
non service area Result - No change to Overlay map -
Future Structure plan area - Level of assessment - Impact
assessment
Revisit strategic framework to delete CIA and ensure strategic outcomes accurately reflect the future timing of these fronts
No Maintain overlay map as advertised remove reference to CIA Minor change to the strategic framework
Other growth areas to be structure planned and held subject to planning infrastructure requirements and financial obligations being determined o Morayfield o Burpengary east o Narangba east o Joyner
RAL application would involve - Code assessment - Major non-compliance with the
assessment benchmarks in the absence of integrated land use and infrastructure planning
MCU application would involve impact assessment
- Overlay Map - Future structure
planned area - Level of assessment - RAL
Impact assessment - Major non-compliance with the
assessment benchmarks in the absence of integrated land use and infrastructure planning including the strategic outcomes
Changes - Delete references to CIA in the
strategic framework - Delete references to service
area non service area Result - No change to Overlay map -
Future structure planned area
Revisit strategic framework to delete CIA and ensure strategic outcomes accurately reflect the future timing of these fronts
No Maintain overlay map as advertised maintain Level of Assessment and remove reference to CIA
RTI1819-035-DSDMIP - Page 35 of 55
MBRC policy end Current MBRC Planning
Scheme Advertised Proposed
Planning Scheme Amendment
Amended Proposed Planning Scheme
Amendment
Other necessary changes to achieve MBRC policy end
Substantial change
- No change to Level of assessment - RAL Impact assessment
Balance of Proposed Planning Scheme Amendment
Not applicable
Changes proposed (carports setbacks sheds etc)
No further changes to the proposed Planning Scheme Amendment as provided post consultation
Not applicable
Not applicable
RTI1819-035-DSDMIP - Page 36 of 55
From Graeme BoltonTo Stewart Pentland Kerry Doss Megan BayntunCc Anthony MartiniSubject RE MBRC Planning Scheme Amendment Meeting 13062018Date Monday 18 June 2018 82200 AMAttachments image001png
image002jpg
Hi Stewart Thank you for providing the attached table and below information As per Kerryrsquos email we willreview and respond as soon as possible Regards Graeme
Graeme BoltonExecutive Director Planning and Development ServicesPlanning GroupDepartment of State Development Manufacturing Infrastructure and Planning---------------------------------------------------------------------------------------------------------------------------------------------
P 07 3452 6741 MLevel 13 1 William Street Brisbane QLD 4000PO Box 15009 City East QLD 4002wwwdsdmipqldgovau
From Stewart Pentland [mailtoStewartPentlandmoretonbayqldgovau] Sent Thursday 14 June 2018 1234 PMTo Kerry Doss ltKerryDossdsdmipqldgovaugt Graeme BoltonltGraemeBoltondsdmipqldgovaugt Megan Bayntun ltMeganBayntundsdmipqldgovaugtCc Anthony Martini ltAnthonyMartinimoretonbayqldgovaugtSubject MBRC Planning Scheme Amendment Meeting 13062018 Graeme Kerry and Megan Thank you for your time yesterday Tony and I found the meeting most useful As discussed and agreed in principle
1 Council would document a series of proposed changes to the existing Planning SchemeAmendment that responds to the States direction to remove reference to the CIA andassociated service area non-service area concepts (see attached)
2 Subject to an iterative process between the State and council this information would thenform the basis of a conditional approval of the current major scheme amendment amp
3 The existing amendment would then be finalised by way of a conditional approval consistentwith points 1 and 2 above ASAP
RTI1819-035-DSDMIP - Page 37 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
Please find attached a first draft table outlining what are considered to be the necessary changesto the current amendment We would welcome your thoughts on this so that we can continue todevelop its contents with you I note you indicated that for this approach to be utilised you would need to be comfortable thatthe type of changes proposed did not constitute a substantial change As a consequence we haveincluded a column (Substantial change) that includes our appraisal of each proposed change Againwe would welcome your thoughts on this matter also It would be good to progress this matter ASAP In doing so it would be appreciated if you couldadvise when you consider you may be able to provide a response to these initial draftrepresentations In the interim should you require anything further please let me know Regards Stewart PentlandDirectorPlanning and Economic DevelopmentMoreton Bay Regional Council2 Hasking Street Caboolture Qld 4510P 07 5433 2023M Email stewartpentlandmoretonbayqldgovauwwwmoretonbayqldgovau CCR3_email_signhr
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in this e-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are not anamed recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legalprivilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete all copiesimmediately and contact the sender to advise of the errorIt is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liability forloss or damage arising directly or indirectly from opening this email opening any attachments or any communication errorsThe views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 38 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
From Graeme BoltonTo Anthony MartiniCc Ann Abbott Stewart Pentland Kerry DossSubject RE Moreton Bay Regional Council - Amendment to Planning Scheme ProgressDate Tuesday 10 July 2018 65800 PMAttachments image001png
Good afternoon Tony Thank you for your email below I do apologise for not being able to take your call I was in ameeting and then subsequently on a teleconference when you phoned As discussed last week we met with DTMR officers who agreed to provide us with additionalinformation by tomorrow We greatly appreciate the councilrsquos willingness to work with the department to find a wayforward However given the complexity of the amendments it is not as easy as you portray tohave ldquoremoved the CIA and the servicenon service area referencesrdquo All we have at this point intime is a high level table with expressed intent To give effect to this intent involves significantchanges to the proposed amendment and carries a very high risk of unintended consequencesfor the operation of the planning scheme and potential lawfulness of the amendment I amextremely concerned about agreeing to something now only to find out after the Minister hasconditionally approved the amendment that the expressed intent cannot be delivered We are endeavouring to find a solution I will advise further once we have received theadditional information from DTMR Regards Graeme
Graeme BoltonExecutive Director Planning and Development ServicesPlanning GroupDepartment of State Development Manufacturing Infrastructure and Planning--------------------------------------------------------------- ---------------------------
P 07 3452 6741 MLevel 13 1 William Street Brisbane QLD 4000PO Box 15009 City East QLD 4002wwwdsdmipqldgovau
From Anthony Martini [mailtoAnthonyMartinimoretonbayqldgovau] Sent Tuesday 10 July 2018 108 PMTo Graeme Bolton ltGraemeBoltondsdmipqldgovaugtCc Ann Abbott ltAnnAbbottmoretonbayqldgovaugt Stewart PentlandltStewartPentlandmoretonbayqldgovaugt Kerry Doss ltKerryDossdsdmipqldgovaugtSubject Moreton Bay Regional Council - Amendment to Planning Scheme Progress
RTI1819-035-DSDMIP - Page 39 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
Hi Graeme Appreciate that you are busy however I have endeavoured to make contact with you over thepast few days for the purposes of understanding where we are at with regards to receiving apartial or full draft condition set to the amendment to the planning scheme It is nearly 4 weeks since we first met at which meeting MBRC offered to remove the CIA andservice areas non service areas from the amendment and provided shortly thereafter a tablesummary of these changes for further discussion and guidance for the State and MBRC to workthrough You have advised that these changes are agreed in principle You have also advised that thechanges need to be worked through I am in a position where I need some information from you as to what is occurring and when toprovide to the CEO and Mayor From MBRCrsquos perspective we have undertaken all that has beenasked of MBRC - removed the CIA and the servicenon service area references Is there anythingelse which MBRC needs to consider I await your advice Thanks Tony
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in thise-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are nota named recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legalprivilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete allcopies immediately and contact the sender to advise of the errorIt is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liabilityfor loss or damage arising directly or indirectly from opening this email opening any attachments or any communication errorsThe views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 40 of 55
From Graeme BoltonTo Anthony MartiniCc Stewart Pentland Kerry Doss Garth NolanSubject RE Update on draft conditionsDate Thursday 5 July 2018 30400 PMAttachments image001png
image002png
Hi Tony I appreciate your concerns and we are progressing this as fast as possible As you can alsohopefully appreciate the amendment in its own right is a very large and complex document Thechanges being proposed are not unsubstantial and have multiple unintended consequencesmany of which have the potential to adversely affect matters of state interest As such we aretrying to resolve these to an acceptable level (for the state) before sharing these with you I will forward these to you as soon as possible Regards Graeme
Graeme BoltonExecutive Director Planning and Development ServicesPlanning GroupDepartment of State Development Manufacturing Infrastructure and Planning---------------------------------------------------------------------------------------------------------------------------------------------
P 07 3452 6741 MLevel 13 1 William Street Brisbane QLD 4000PO Box 15009 City East QLD 4002wwwdsdmipqldgovau
From Anthony Martini [mailtoAnthonyMartinimoretonbayqldgovau] Sent Tuesday 3 July 2018 543 PMTo Graeme Bolton ltGraemeBoltondsdmipqldgovaugtCc Stewart Pentland ltStewartPentlandmoretonbayqldgovaugt Kerry DossltKerryDossdsdmipqldgovaugt Garth Nolan ltGarthNolandsdmipqldgovaugtSubject RE Update on draft conditions Hi Graeme Thank you for the update It would be good to catch up sooner rather than later as it is fast approaching 3 weeks since ourinitial meeting I can advise that the Mayor sought advice from me as to where the amendmentwas at - as I had advised him 10 days ago that a draft set was to be available with a day or so As discussed our preference is to collaboratively work on the content of the draft conditions Itwould be appreciated if you could send through the balance of the approval and conditions now
RTI1819-035-DSDMIP - Page 41 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
this will enable us to get the process moving Thanks Tony
From Graeme Bolton [mailtoGraemeBoltondsdmipqldgovau] Sent Tuesday 3 July 2018 307 PMTo Anthony Martini ltAnthonyMartinimoretonbayqldgovaugtCc Stewart Pentland ltStewartPentlandmoretonbayqldgovaugt Kerry DossltKerryDossdsdmipqldgovaugt Garth Nolan ltGarthNolandsdmipqldgovaugtSubject Update on draft conditions Hi Tony As previously advised I met with senior officers from DTMR today to discuss some concernstheyrsquove raised in respect to conditioning the proposed amendment I believe we have a wayforward and DTMR are working on a couple of options as a matter of priority I am expecting tohave something back from DTMR mid next week We will continue to work closely with them totry and get something out sooner As previously discussed we will share the draft conditions once we are satisfied with them Wewould be happy to work with you to ensure they are workable from councilrsquos perspective Regards Graeme
Graeme BoltonExecutive Director Planning and Development ServicesPlanning GroupDepartment of State Development Manufacturing Infrastructure and Planning---------------------------------------------------------------- -------------------------------
P 07 3452 6741 MLevel 13 1 William Street Brisbane QLD 4000PO Box 15009 City East QLD 4002wwwdsdmipqldgovau
This email and any attachments may contain confidential or privileged information and may be protected by copyright Youmust not use or disclose them other than for the purposes for which they were supplied The confidentiality and privilegeattached to this message and attachment is not waived by reason of mistaken delivery to you If you are not the intendedrecipient you must not use disclose retain forward or reproduce this message or any attachments If you receive thismessage in error please notify the sender by return email or telephone and destroy and delete all copies The Departmentdoes not accept any responsibility for any loss or damage that may result from reliance on or use of any informationcontained in this email andor attachments
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in this
e-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are not
RTI1819-035-DSDMIP - Page 42 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
a named recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legal
privilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete all
copies immediately and contact the sender to advise of the error
It is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liability
for loss or damage arising directly or indirectly from opening this email opening any attachments or any communication errors
The views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 43 of 55
RTI1819-035-DSDMIP - Page 44 of 55
RTI1819-035-DSDMIP - Page 45 of 55
RTI1819-035-DSDMIP - Page 46 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
RTI1819-035-DSDMIP - Page 47 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
RTI1819-035-DSDMIP - Page 48 of 55
RTI1819-035-DSDMIP - Page 49 of 55
RTI1819-035-DSDMIP - Page 50 of 55
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Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
RTI1819-035-DSDMIP - Page 53 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
RTI1819-035-DSDMIP - Page 54 of 55
RTI1819-035-DSDMIP - Page 55 of 55
PO Box 15009 City East QLD 4002wwwdsdmipqldgovau
From Stewart Pentland [mailtoStewartPentlandmoretonbayqldgovau] Sent Thursday 14 June 2018 1234 PMTo Kerry Doss ltKerryDossdsdmipqldgovaugt Graeme BoltonltGraemeBoltondsdmipqldgovaugt Megan Bayntun ltMeganBayntundsdmipqldgovaugtCc Anthony Martini ltAnthonyMartinimoretonbayqldgovaugtSubject MBRC Planning Scheme Amendment Meeting 13062018 Graeme Kerry and Megan Thank you for your time yesterday Tony and I found the meeting most useful As discussed and agreed in principle
1 Council would document a series of proposed changes to the existing Planning SchemeAmendment that responds to the States direction to remove reference to the CIA andassociated service area non-service area concepts (see attached)
2 Subject to an iterative process between the State and council this information would thenform the basis of a conditional approval of the current major scheme amendment amp
3 The existing amendment would then be finalised by way of a conditional approval consistentwith points 1 and 2 above ASAP
Please find attached a first draft table outlining what are considered to be the necessary changesto the current amendment We would welcome your thoughts on this so that we can continue todevelop its contents with you I note you indicated that for this approach to be utilised you would need to be comfortable thatthe type of changes proposed did not constitute a substantial change As a consequence we haveincluded a column (Substantial change) that includes our appraisal of each proposed change Againwe would welcome your thoughts on this matter also It would be good to progress this matter ASAP In doing so it would be appreciated if you couldadvise when you consider you may be able to provide a response to these initial draftrepresentations In the interim should you require anything further please let me know Regards Stewart PentlandDirectorPlanning and Economic DevelopmentMoreton Bay Regional Council2 Hasking Street Caboolture Qld 4510P 07 5433 2023M Email stewartpentlandmoretonbayqldgovauwwwmoretonbayqldgovau
RTI1819-035-DSDMIP - Page 33 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in this e-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are not anamed recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legalprivilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete all copiesimmediately and contact the sender to advise of the errorIt is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liability forloss or damage arising directly or indirectly from opening this email opening any attachments or any communication errorsThe views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 34 of 55
Summary of Proposed Planning Scheme Amendment
MBRC policy end Current MBRC Planning Scheme
Advertised Proposed Planning Scheme
Amendment
Amended Proposed Planning Scheme
Amendment
Other necessary changes to achieve MBRC policy end
Substantial change
Warner growth area - o Enable conversion of existing
industryrural residential to transition to residential outcomes
o Conversion consistent with the SEQ Regional Plan identification of Warner for growth
Industry zone and rural residential surrounded by existing residential and main roads Preliminary approval (Variation) would involve - Impact assessment - Major non-compliance with the
assessment benchmarks
- Zone change to Emerging
Community - Overlay map - Structure
planned area - Level of assessment - Service Area - RAL Code
assessment No Service Area - RAL
Impact assessment
Changes - Delete reference to CIA - Delete reference to service area
non service area Result - No change to Overlay map -
Structure planned area - Level of Assessment - RAL
Code assessment
Strengthening of assessment benchmarks required in the Emerging Community Zone Code andor RAL Code - Emerging Community Zone to assist code assessment
No Maintain overlay map as advertised maintain Level of Assessment remove reference to CIA and remove reference to Service Area and Non-Service Area
Caboolture West growth area - (Area 1) - o Enable Area 1 to proceed to
development including residential and local centre
o Consistent with the SEQ Regional Planrsquos identification of Caboolture West as an expansion area
Preliminary approval (Variation) would involve - Impact assessment - Major non-compliance with the
assessment benchmarks without a Neighhourhood Development Plan for Area 1
- Area 1 - Overlay map -
Structure planned area - Level of assessment Service Area - RAL Code
assessment Non Service Area - RAL
Impact assessment
Changes - Delete reference to CIA - Delete reference to service area
non service area Result - No change to Overlay map -
Structure planned area - Level of assessment - RAL Code
assessment for SPA1
Strengthening of assessment benchmarks required in the Local Plan Zone Code andor RAL Code - Emerging Community Zone to assist code assessment
No Maintain overlay map as advertised maintain Level of Assessment remove reference to CIA remove reference to Service Area and Non-Service Area
Caboolture West growth area - (Balance of Caboolture West) - o Enable subsequent stages to
be structure planned and released through future scheme amendments
Preliminary approval (Variation) would involve - Impact assessment - Major non-compliance with the
assessment benchmarks without a Neighhourhood Development Plan for the relevant area
- Overlay map - Future Structure
plan area - Level of assessment - Impact assessment
Changes - Delete reference to CIA - Delete reference to service area
non service area Result - No change to Overlay map -
Future Structure plan area - Level of assessment - Impact
assessment
Revisit strategic framework to delete CIA and ensure strategic outcomes accurately reflect the future timing of these fronts
No Maintain overlay map as advertised remove reference to CIA Minor change to the strategic framework
Other growth areas to be structure planned and held subject to planning infrastructure requirements and financial obligations being determined o Morayfield o Burpengary east o Narangba east o Joyner
RAL application would involve - Code assessment - Major non-compliance with the
assessment benchmarks in the absence of integrated land use and infrastructure planning
MCU application would involve impact assessment
- Overlay Map - Future structure
planned area - Level of assessment - RAL
Impact assessment - Major non-compliance with the
assessment benchmarks in the absence of integrated land use and infrastructure planning including the strategic outcomes
Changes - Delete references to CIA in the
strategic framework - Delete references to service
area non service area Result - No change to Overlay map -
Future structure planned area
Revisit strategic framework to delete CIA and ensure strategic outcomes accurately reflect the future timing of these fronts
No Maintain overlay map as advertised maintain Level of Assessment and remove reference to CIA
RTI1819-035-DSDMIP - Page 35 of 55
MBRC policy end Current MBRC Planning
Scheme Advertised Proposed
Planning Scheme Amendment
Amended Proposed Planning Scheme
Amendment
Other necessary changes to achieve MBRC policy end
Substantial change
- No change to Level of assessment - RAL Impact assessment
Balance of Proposed Planning Scheme Amendment
Not applicable
Changes proposed (carports setbacks sheds etc)
No further changes to the proposed Planning Scheme Amendment as provided post consultation
Not applicable
Not applicable
RTI1819-035-DSDMIP - Page 36 of 55
From Graeme BoltonTo Stewart Pentland Kerry Doss Megan BayntunCc Anthony MartiniSubject RE MBRC Planning Scheme Amendment Meeting 13062018Date Monday 18 June 2018 82200 AMAttachments image001png
image002jpg
Hi Stewart Thank you for providing the attached table and below information As per Kerryrsquos email we willreview and respond as soon as possible Regards Graeme
Graeme BoltonExecutive Director Planning and Development ServicesPlanning GroupDepartment of State Development Manufacturing Infrastructure and Planning---------------------------------------------------------------------------------------------------------------------------------------------
P 07 3452 6741 MLevel 13 1 William Street Brisbane QLD 4000PO Box 15009 City East QLD 4002wwwdsdmipqldgovau
From Stewart Pentland [mailtoStewartPentlandmoretonbayqldgovau] Sent Thursday 14 June 2018 1234 PMTo Kerry Doss ltKerryDossdsdmipqldgovaugt Graeme BoltonltGraemeBoltondsdmipqldgovaugt Megan Bayntun ltMeganBayntundsdmipqldgovaugtCc Anthony Martini ltAnthonyMartinimoretonbayqldgovaugtSubject MBRC Planning Scheme Amendment Meeting 13062018 Graeme Kerry and Megan Thank you for your time yesterday Tony and I found the meeting most useful As discussed and agreed in principle
1 Council would document a series of proposed changes to the existing Planning SchemeAmendment that responds to the States direction to remove reference to the CIA andassociated service area non-service area concepts (see attached)
2 Subject to an iterative process between the State and council this information would thenform the basis of a conditional approval of the current major scheme amendment amp
3 The existing amendment would then be finalised by way of a conditional approval consistentwith points 1 and 2 above ASAP
RTI1819-035-DSDMIP - Page 37 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
Please find attached a first draft table outlining what are considered to be the necessary changesto the current amendment We would welcome your thoughts on this so that we can continue todevelop its contents with you I note you indicated that for this approach to be utilised you would need to be comfortable thatthe type of changes proposed did not constitute a substantial change As a consequence we haveincluded a column (Substantial change) that includes our appraisal of each proposed change Againwe would welcome your thoughts on this matter also It would be good to progress this matter ASAP In doing so it would be appreciated if you couldadvise when you consider you may be able to provide a response to these initial draftrepresentations In the interim should you require anything further please let me know Regards Stewart PentlandDirectorPlanning and Economic DevelopmentMoreton Bay Regional Council2 Hasking Street Caboolture Qld 4510P 07 5433 2023M Email stewartpentlandmoretonbayqldgovauwwwmoretonbayqldgovau CCR3_email_signhr
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in this e-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are not anamed recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legalprivilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete all copiesimmediately and contact the sender to advise of the errorIt is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liability forloss or damage arising directly or indirectly from opening this email opening any attachments or any communication errorsThe views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 38 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
From Graeme BoltonTo Anthony MartiniCc Ann Abbott Stewart Pentland Kerry DossSubject RE Moreton Bay Regional Council - Amendment to Planning Scheme ProgressDate Tuesday 10 July 2018 65800 PMAttachments image001png
Good afternoon Tony Thank you for your email below I do apologise for not being able to take your call I was in ameeting and then subsequently on a teleconference when you phoned As discussed last week we met with DTMR officers who agreed to provide us with additionalinformation by tomorrow We greatly appreciate the councilrsquos willingness to work with the department to find a wayforward However given the complexity of the amendments it is not as easy as you portray tohave ldquoremoved the CIA and the servicenon service area referencesrdquo All we have at this point intime is a high level table with expressed intent To give effect to this intent involves significantchanges to the proposed amendment and carries a very high risk of unintended consequencesfor the operation of the planning scheme and potential lawfulness of the amendment I amextremely concerned about agreeing to something now only to find out after the Minister hasconditionally approved the amendment that the expressed intent cannot be delivered We are endeavouring to find a solution I will advise further once we have received theadditional information from DTMR Regards Graeme
Graeme BoltonExecutive Director Planning and Development ServicesPlanning GroupDepartment of State Development Manufacturing Infrastructure and Planning--------------------------------------------------------------- ---------------------------
P 07 3452 6741 MLevel 13 1 William Street Brisbane QLD 4000PO Box 15009 City East QLD 4002wwwdsdmipqldgovau
From Anthony Martini [mailtoAnthonyMartinimoretonbayqldgovau] Sent Tuesday 10 July 2018 108 PMTo Graeme Bolton ltGraemeBoltondsdmipqldgovaugtCc Ann Abbott ltAnnAbbottmoretonbayqldgovaugt Stewart PentlandltStewartPentlandmoretonbayqldgovaugt Kerry Doss ltKerryDossdsdmipqldgovaugtSubject Moreton Bay Regional Council - Amendment to Planning Scheme Progress
RTI1819-035-DSDMIP - Page 39 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
Hi Graeme Appreciate that you are busy however I have endeavoured to make contact with you over thepast few days for the purposes of understanding where we are at with regards to receiving apartial or full draft condition set to the amendment to the planning scheme It is nearly 4 weeks since we first met at which meeting MBRC offered to remove the CIA andservice areas non service areas from the amendment and provided shortly thereafter a tablesummary of these changes for further discussion and guidance for the State and MBRC to workthrough You have advised that these changes are agreed in principle You have also advised that thechanges need to be worked through I am in a position where I need some information from you as to what is occurring and when toprovide to the CEO and Mayor From MBRCrsquos perspective we have undertaken all that has beenasked of MBRC - removed the CIA and the servicenon service area references Is there anythingelse which MBRC needs to consider I await your advice Thanks Tony
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in thise-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are nota named recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legalprivilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete allcopies immediately and contact the sender to advise of the errorIt is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liabilityfor loss or damage arising directly or indirectly from opening this email opening any attachments or any communication errorsThe views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 40 of 55
From Graeme BoltonTo Anthony MartiniCc Stewart Pentland Kerry Doss Garth NolanSubject RE Update on draft conditionsDate Thursday 5 July 2018 30400 PMAttachments image001png
image002png
Hi Tony I appreciate your concerns and we are progressing this as fast as possible As you can alsohopefully appreciate the amendment in its own right is a very large and complex document Thechanges being proposed are not unsubstantial and have multiple unintended consequencesmany of which have the potential to adversely affect matters of state interest As such we aretrying to resolve these to an acceptable level (for the state) before sharing these with you I will forward these to you as soon as possible Regards Graeme
Graeme BoltonExecutive Director Planning and Development ServicesPlanning GroupDepartment of State Development Manufacturing Infrastructure and Planning---------------------------------------------------------------------------------------------------------------------------------------------
P 07 3452 6741 MLevel 13 1 William Street Brisbane QLD 4000PO Box 15009 City East QLD 4002wwwdsdmipqldgovau
From Anthony Martini [mailtoAnthonyMartinimoretonbayqldgovau] Sent Tuesday 3 July 2018 543 PMTo Graeme Bolton ltGraemeBoltondsdmipqldgovaugtCc Stewart Pentland ltStewartPentlandmoretonbayqldgovaugt Kerry DossltKerryDossdsdmipqldgovaugt Garth Nolan ltGarthNolandsdmipqldgovaugtSubject RE Update on draft conditions Hi Graeme Thank you for the update It would be good to catch up sooner rather than later as it is fast approaching 3 weeks since ourinitial meeting I can advise that the Mayor sought advice from me as to where the amendmentwas at - as I had advised him 10 days ago that a draft set was to be available with a day or so As discussed our preference is to collaboratively work on the content of the draft conditions Itwould be appreciated if you could send through the balance of the approval and conditions now
RTI1819-035-DSDMIP - Page 41 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
this will enable us to get the process moving Thanks Tony
From Graeme Bolton [mailtoGraemeBoltondsdmipqldgovau] Sent Tuesday 3 July 2018 307 PMTo Anthony Martini ltAnthonyMartinimoretonbayqldgovaugtCc Stewart Pentland ltStewartPentlandmoretonbayqldgovaugt Kerry DossltKerryDossdsdmipqldgovaugt Garth Nolan ltGarthNolandsdmipqldgovaugtSubject Update on draft conditions Hi Tony As previously advised I met with senior officers from DTMR today to discuss some concernstheyrsquove raised in respect to conditioning the proposed amendment I believe we have a wayforward and DTMR are working on a couple of options as a matter of priority I am expecting tohave something back from DTMR mid next week We will continue to work closely with them totry and get something out sooner As previously discussed we will share the draft conditions once we are satisfied with them Wewould be happy to work with you to ensure they are workable from councilrsquos perspective Regards Graeme
Graeme BoltonExecutive Director Planning and Development ServicesPlanning GroupDepartment of State Development Manufacturing Infrastructure and Planning---------------------------------------------------------------- -------------------------------
P 07 3452 6741 MLevel 13 1 William Street Brisbane QLD 4000PO Box 15009 City East QLD 4002wwwdsdmipqldgovau
This email and any attachments may contain confidential or privileged information and may be protected by copyright Youmust not use or disclose them other than for the purposes for which they were supplied The confidentiality and privilegeattached to this message and attachment is not waived by reason of mistaken delivery to you If you are not the intendedrecipient you must not use disclose retain forward or reproduce this message or any attachments If you receive thismessage in error please notify the sender by return email or telephone and destroy and delete all copies The Departmentdoes not accept any responsibility for any loss or damage that may result from reliance on or use of any informationcontained in this email andor attachments
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in this
e-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are not
RTI1819-035-DSDMIP - Page 42 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
a named recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legal
privilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete all
copies immediately and contact the sender to advise of the error
It is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liability
for loss or damage arising directly or indirectly from opening this email opening any attachments or any communication errors
The views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 43 of 55
RTI1819-035-DSDMIP - Page 44 of 55
RTI1819-035-DSDMIP - Page 45 of 55
RTI1819-035-DSDMIP - Page 46 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
RTI1819-035-DSDMIP - Page 47 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
RTI1819-035-DSDMIP - Page 48 of 55
RTI1819-035-DSDMIP - Page 49 of 55
RTI1819-035-DSDMIP - Page 50 of 55
RTI1819-035-DSDMIP - Page 51 of 55
RTI1819-035-DSDMIP - Page 52 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
RTI1819-035-DSDMIP - Page 53 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
RTI1819-035-DSDMIP - Page 54 of 55
RTI1819-035-DSDMIP - Page 55 of 55
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in this e-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are not anamed recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legalprivilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete all copiesimmediately and contact the sender to advise of the errorIt is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liability forloss or damage arising directly or indirectly from opening this email opening any attachments or any communication errorsThe views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 34 of 55
Summary of Proposed Planning Scheme Amendment
MBRC policy end Current MBRC Planning Scheme
Advertised Proposed Planning Scheme
Amendment
Amended Proposed Planning Scheme
Amendment
Other necessary changes to achieve MBRC policy end
Substantial change
Warner growth area - o Enable conversion of existing
industryrural residential to transition to residential outcomes
o Conversion consistent with the SEQ Regional Plan identification of Warner for growth
Industry zone and rural residential surrounded by existing residential and main roads Preliminary approval (Variation) would involve - Impact assessment - Major non-compliance with the
assessment benchmarks
- Zone change to Emerging
Community - Overlay map - Structure
planned area - Level of assessment - Service Area - RAL Code
assessment No Service Area - RAL
Impact assessment
Changes - Delete reference to CIA - Delete reference to service area
non service area Result - No change to Overlay map -
Structure planned area - Level of Assessment - RAL
Code assessment
Strengthening of assessment benchmarks required in the Emerging Community Zone Code andor RAL Code - Emerging Community Zone to assist code assessment
No Maintain overlay map as advertised maintain Level of Assessment remove reference to CIA and remove reference to Service Area and Non-Service Area
Caboolture West growth area - (Area 1) - o Enable Area 1 to proceed to
development including residential and local centre
o Consistent with the SEQ Regional Planrsquos identification of Caboolture West as an expansion area
Preliminary approval (Variation) would involve - Impact assessment - Major non-compliance with the
assessment benchmarks without a Neighhourhood Development Plan for Area 1
- Area 1 - Overlay map -
Structure planned area - Level of assessment Service Area - RAL Code
assessment Non Service Area - RAL
Impact assessment
Changes - Delete reference to CIA - Delete reference to service area
non service area Result - No change to Overlay map -
Structure planned area - Level of assessment - RAL Code
assessment for SPA1
Strengthening of assessment benchmarks required in the Local Plan Zone Code andor RAL Code - Emerging Community Zone to assist code assessment
No Maintain overlay map as advertised maintain Level of Assessment remove reference to CIA remove reference to Service Area and Non-Service Area
Caboolture West growth area - (Balance of Caboolture West) - o Enable subsequent stages to
be structure planned and released through future scheme amendments
Preliminary approval (Variation) would involve - Impact assessment - Major non-compliance with the
assessment benchmarks without a Neighhourhood Development Plan for the relevant area
- Overlay map - Future Structure
plan area - Level of assessment - Impact assessment
Changes - Delete reference to CIA - Delete reference to service area
non service area Result - No change to Overlay map -
Future Structure plan area - Level of assessment - Impact
assessment
Revisit strategic framework to delete CIA and ensure strategic outcomes accurately reflect the future timing of these fronts
No Maintain overlay map as advertised remove reference to CIA Minor change to the strategic framework
Other growth areas to be structure planned and held subject to planning infrastructure requirements and financial obligations being determined o Morayfield o Burpengary east o Narangba east o Joyner
RAL application would involve - Code assessment - Major non-compliance with the
assessment benchmarks in the absence of integrated land use and infrastructure planning
MCU application would involve impact assessment
- Overlay Map - Future structure
planned area - Level of assessment - RAL
Impact assessment - Major non-compliance with the
assessment benchmarks in the absence of integrated land use and infrastructure planning including the strategic outcomes
Changes - Delete references to CIA in the
strategic framework - Delete references to service
area non service area Result - No change to Overlay map -
Future structure planned area
Revisit strategic framework to delete CIA and ensure strategic outcomes accurately reflect the future timing of these fronts
No Maintain overlay map as advertised maintain Level of Assessment and remove reference to CIA
RTI1819-035-DSDMIP - Page 35 of 55
MBRC policy end Current MBRC Planning
Scheme Advertised Proposed
Planning Scheme Amendment
Amended Proposed Planning Scheme
Amendment
Other necessary changes to achieve MBRC policy end
Substantial change
- No change to Level of assessment - RAL Impact assessment
Balance of Proposed Planning Scheme Amendment
Not applicable
Changes proposed (carports setbacks sheds etc)
No further changes to the proposed Planning Scheme Amendment as provided post consultation
Not applicable
Not applicable
RTI1819-035-DSDMIP - Page 36 of 55
From Graeme BoltonTo Stewart Pentland Kerry Doss Megan BayntunCc Anthony MartiniSubject RE MBRC Planning Scheme Amendment Meeting 13062018Date Monday 18 June 2018 82200 AMAttachments image001png
image002jpg
Hi Stewart Thank you for providing the attached table and below information As per Kerryrsquos email we willreview and respond as soon as possible Regards Graeme
Graeme BoltonExecutive Director Planning and Development ServicesPlanning GroupDepartment of State Development Manufacturing Infrastructure and Planning---------------------------------------------------------------------------------------------------------------------------------------------
P 07 3452 6741 MLevel 13 1 William Street Brisbane QLD 4000PO Box 15009 City East QLD 4002wwwdsdmipqldgovau
From Stewart Pentland [mailtoStewartPentlandmoretonbayqldgovau] Sent Thursday 14 June 2018 1234 PMTo Kerry Doss ltKerryDossdsdmipqldgovaugt Graeme BoltonltGraemeBoltondsdmipqldgovaugt Megan Bayntun ltMeganBayntundsdmipqldgovaugtCc Anthony Martini ltAnthonyMartinimoretonbayqldgovaugtSubject MBRC Planning Scheme Amendment Meeting 13062018 Graeme Kerry and Megan Thank you for your time yesterday Tony and I found the meeting most useful As discussed and agreed in principle
1 Council would document a series of proposed changes to the existing Planning SchemeAmendment that responds to the States direction to remove reference to the CIA andassociated service area non-service area concepts (see attached)
2 Subject to an iterative process between the State and council this information would thenform the basis of a conditional approval of the current major scheme amendment amp
3 The existing amendment would then be finalised by way of a conditional approval consistentwith points 1 and 2 above ASAP
RTI1819-035-DSDMIP - Page 37 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
Please find attached a first draft table outlining what are considered to be the necessary changesto the current amendment We would welcome your thoughts on this so that we can continue todevelop its contents with you I note you indicated that for this approach to be utilised you would need to be comfortable thatthe type of changes proposed did not constitute a substantial change As a consequence we haveincluded a column (Substantial change) that includes our appraisal of each proposed change Againwe would welcome your thoughts on this matter also It would be good to progress this matter ASAP In doing so it would be appreciated if you couldadvise when you consider you may be able to provide a response to these initial draftrepresentations In the interim should you require anything further please let me know Regards Stewart PentlandDirectorPlanning and Economic DevelopmentMoreton Bay Regional Council2 Hasking Street Caboolture Qld 4510P 07 5433 2023M Email stewartpentlandmoretonbayqldgovauwwwmoretonbayqldgovau CCR3_email_signhr
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in this e-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are not anamed recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legalprivilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete all copiesimmediately and contact the sender to advise of the errorIt is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liability forloss or damage arising directly or indirectly from opening this email opening any attachments or any communication errorsThe views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 38 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
From Graeme BoltonTo Anthony MartiniCc Ann Abbott Stewart Pentland Kerry DossSubject RE Moreton Bay Regional Council - Amendment to Planning Scheme ProgressDate Tuesday 10 July 2018 65800 PMAttachments image001png
Good afternoon Tony Thank you for your email below I do apologise for not being able to take your call I was in ameeting and then subsequently on a teleconference when you phoned As discussed last week we met with DTMR officers who agreed to provide us with additionalinformation by tomorrow We greatly appreciate the councilrsquos willingness to work with the department to find a wayforward However given the complexity of the amendments it is not as easy as you portray tohave ldquoremoved the CIA and the servicenon service area referencesrdquo All we have at this point intime is a high level table with expressed intent To give effect to this intent involves significantchanges to the proposed amendment and carries a very high risk of unintended consequencesfor the operation of the planning scheme and potential lawfulness of the amendment I amextremely concerned about agreeing to something now only to find out after the Minister hasconditionally approved the amendment that the expressed intent cannot be delivered We are endeavouring to find a solution I will advise further once we have received theadditional information from DTMR Regards Graeme
Graeme BoltonExecutive Director Planning and Development ServicesPlanning GroupDepartment of State Development Manufacturing Infrastructure and Planning--------------------------------------------------------------- ---------------------------
P 07 3452 6741 MLevel 13 1 William Street Brisbane QLD 4000PO Box 15009 City East QLD 4002wwwdsdmipqldgovau
From Anthony Martini [mailtoAnthonyMartinimoretonbayqldgovau] Sent Tuesday 10 July 2018 108 PMTo Graeme Bolton ltGraemeBoltondsdmipqldgovaugtCc Ann Abbott ltAnnAbbottmoretonbayqldgovaugt Stewart PentlandltStewartPentlandmoretonbayqldgovaugt Kerry Doss ltKerryDossdsdmipqldgovaugtSubject Moreton Bay Regional Council - Amendment to Planning Scheme Progress
RTI1819-035-DSDMIP - Page 39 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
Hi Graeme Appreciate that you are busy however I have endeavoured to make contact with you over thepast few days for the purposes of understanding where we are at with regards to receiving apartial or full draft condition set to the amendment to the planning scheme It is nearly 4 weeks since we first met at which meeting MBRC offered to remove the CIA andservice areas non service areas from the amendment and provided shortly thereafter a tablesummary of these changes for further discussion and guidance for the State and MBRC to workthrough You have advised that these changes are agreed in principle You have also advised that thechanges need to be worked through I am in a position where I need some information from you as to what is occurring and when toprovide to the CEO and Mayor From MBRCrsquos perspective we have undertaken all that has beenasked of MBRC - removed the CIA and the servicenon service area references Is there anythingelse which MBRC needs to consider I await your advice Thanks Tony
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in thise-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are nota named recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legalprivilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete allcopies immediately and contact the sender to advise of the errorIt is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liabilityfor loss or damage arising directly or indirectly from opening this email opening any attachments or any communication errorsThe views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 40 of 55
From Graeme BoltonTo Anthony MartiniCc Stewart Pentland Kerry Doss Garth NolanSubject RE Update on draft conditionsDate Thursday 5 July 2018 30400 PMAttachments image001png
image002png
Hi Tony I appreciate your concerns and we are progressing this as fast as possible As you can alsohopefully appreciate the amendment in its own right is a very large and complex document Thechanges being proposed are not unsubstantial and have multiple unintended consequencesmany of which have the potential to adversely affect matters of state interest As such we aretrying to resolve these to an acceptable level (for the state) before sharing these with you I will forward these to you as soon as possible Regards Graeme
Graeme BoltonExecutive Director Planning and Development ServicesPlanning GroupDepartment of State Development Manufacturing Infrastructure and Planning---------------------------------------------------------------------------------------------------------------------------------------------
P 07 3452 6741 MLevel 13 1 William Street Brisbane QLD 4000PO Box 15009 City East QLD 4002wwwdsdmipqldgovau
From Anthony Martini [mailtoAnthonyMartinimoretonbayqldgovau] Sent Tuesday 3 July 2018 543 PMTo Graeme Bolton ltGraemeBoltondsdmipqldgovaugtCc Stewart Pentland ltStewartPentlandmoretonbayqldgovaugt Kerry DossltKerryDossdsdmipqldgovaugt Garth Nolan ltGarthNolandsdmipqldgovaugtSubject RE Update on draft conditions Hi Graeme Thank you for the update It would be good to catch up sooner rather than later as it is fast approaching 3 weeks since ourinitial meeting I can advise that the Mayor sought advice from me as to where the amendmentwas at - as I had advised him 10 days ago that a draft set was to be available with a day or so As discussed our preference is to collaboratively work on the content of the draft conditions Itwould be appreciated if you could send through the balance of the approval and conditions now
RTI1819-035-DSDMIP - Page 41 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
this will enable us to get the process moving Thanks Tony
From Graeme Bolton [mailtoGraemeBoltondsdmipqldgovau] Sent Tuesday 3 July 2018 307 PMTo Anthony Martini ltAnthonyMartinimoretonbayqldgovaugtCc Stewart Pentland ltStewartPentlandmoretonbayqldgovaugt Kerry DossltKerryDossdsdmipqldgovaugt Garth Nolan ltGarthNolandsdmipqldgovaugtSubject Update on draft conditions Hi Tony As previously advised I met with senior officers from DTMR today to discuss some concernstheyrsquove raised in respect to conditioning the proposed amendment I believe we have a wayforward and DTMR are working on a couple of options as a matter of priority I am expecting tohave something back from DTMR mid next week We will continue to work closely with them totry and get something out sooner As previously discussed we will share the draft conditions once we are satisfied with them Wewould be happy to work with you to ensure they are workable from councilrsquos perspective Regards Graeme
Graeme BoltonExecutive Director Planning and Development ServicesPlanning GroupDepartment of State Development Manufacturing Infrastructure and Planning---------------------------------------------------------------- -------------------------------
P 07 3452 6741 MLevel 13 1 William Street Brisbane QLD 4000PO Box 15009 City East QLD 4002wwwdsdmipqldgovau
This email and any attachments may contain confidential or privileged information and may be protected by copyright Youmust not use or disclose them other than for the purposes for which they were supplied The confidentiality and privilegeattached to this message and attachment is not waived by reason of mistaken delivery to you If you are not the intendedrecipient you must not use disclose retain forward or reproduce this message or any attachments If you receive thismessage in error please notify the sender by return email or telephone and destroy and delete all copies The Departmentdoes not accept any responsibility for any loss or damage that may result from reliance on or use of any informationcontained in this email andor attachments
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in this
e-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are not
RTI1819-035-DSDMIP - Page 42 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
a named recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legal
privilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete all
copies immediately and contact the sender to advise of the error
It is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liability
for loss or damage arising directly or indirectly from opening this email opening any attachments or any communication errors
The views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 43 of 55
RTI1819-035-DSDMIP - Page 44 of 55
RTI1819-035-DSDMIP - Page 45 of 55
RTI1819-035-DSDMIP - Page 46 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
RTI1819-035-DSDMIP - Page 47 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
RTI1819-035-DSDMIP - Page 48 of 55
RTI1819-035-DSDMIP - Page 49 of 55
RTI1819-035-DSDMIP - Page 50 of 55
RTI1819-035-DSDMIP - Page 51 of 55
RTI1819-035-DSDMIP - Page 52 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
RTI1819-035-DSDMIP - Page 53 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
RTI1819-035-DSDMIP - Page 54 of 55
RTI1819-035-DSDMIP - Page 55 of 55
Summary of Proposed Planning Scheme Amendment
MBRC policy end Current MBRC Planning Scheme
Advertised Proposed Planning Scheme
Amendment
Amended Proposed Planning Scheme
Amendment
Other necessary changes to achieve MBRC policy end
Substantial change
Warner growth area - o Enable conversion of existing
industryrural residential to transition to residential outcomes
o Conversion consistent with the SEQ Regional Plan identification of Warner for growth
Industry zone and rural residential surrounded by existing residential and main roads Preliminary approval (Variation) would involve - Impact assessment - Major non-compliance with the
assessment benchmarks
- Zone change to Emerging
Community - Overlay map - Structure
planned area - Level of assessment - Service Area - RAL Code
assessment No Service Area - RAL
Impact assessment
Changes - Delete reference to CIA - Delete reference to service area
non service area Result - No change to Overlay map -
Structure planned area - Level of Assessment - RAL
Code assessment
Strengthening of assessment benchmarks required in the Emerging Community Zone Code andor RAL Code - Emerging Community Zone to assist code assessment
No Maintain overlay map as advertised maintain Level of Assessment remove reference to CIA and remove reference to Service Area and Non-Service Area
Caboolture West growth area - (Area 1) - o Enable Area 1 to proceed to
development including residential and local centre
o Consistent with the SEQ Regional Planrsquos identification of Caboolture West as an expansion area
Preliminary approval (Variation) would involve - Impact assessment - Major non-compliance with the
assessment benchmarks without a Neighhourhood Development Plan for Area 1
- Area 1 - Overlay map -
Structure planned area - Level of assessment Service Area - RAL Code
assessment Non Service Area - RAL
Impact assessment
Changes - Delete reference to CIA - Delete reference to service area
non service area Result - No change to Overlay map -
Structure planned area - Level of assessment - RAL Code
assessment for SPA1
Strengthening of assessment benchmarks required in the Local Plan Zone Code andor RAL Code - Emerging Community Zone to assist code assessment
No Maintain overlay map as advertised maintain Level of Assessment remove reference to CIA remove reference to Service Area and Non-Service Area
Caboolture West growth area - (Balance of Caboolture West) - o Enable subsequent stages to
be structure planned and released through future scheme amendments
Preliminary approval (Variation) would involve - Impact assessment - Major non-compliance with the
assessment benchmarks without a Neighhourhood Development Plan for the relevant area
- Overlay map - Future Structure
plan area - Level of assessment - Impact assessment
Changes - Delete reference to CIA - Delete reference to service area
non service area Result - No change to Overlay map -
Future Structure plan area - Level of assessment - Impact
assessment
Revisit strategic framework to delete CIA and ensure strategic outcomes accurately reflect the future timing of these fronts
No Maintain overlay map as advertised remove reference to CIA Minor change to the strategic framework
Other growth areas to be structure planned and held subject to planning infrastructure requirements and financial obligations being determined o Morayfield o Burpengary east o Narangba east o Joyner
RAL application would involve - Code assessment - Major non-compliance with the
assessment benchmarks in the absence of integrated land use and infrastructure planning
MCU application would involve impact assessment
- Overlay Map - Future structure
planned area - Level of assessment - RAL
Impact assessment - Major non-compliance with the
assessment benchmarks in the absence of integrated land use and infrastructure planning including the strategic outcomes
Changes - Delete references to CIA in the
strategic framework - Delete references to service
area non service area Result - No change to Overlay map -
Future structure planned area
Revisit strategic framework to delete CIA and ensure strategic outcomes accurately reflect the future timing of these fronts
No Maintain overlay map as advertised maintain Level of Assessment and remove reference to CIA
RTI1819-035-DSDMIP - Page 35 of 55
MBRC policy end Current MBRC Planning
Scheme Advertised Proposed
Planning Scheme Amendment
Amended Proposed Planning Scheme
Amendment
Other necessary changes to achieve MBRC policy end
Substantial change
- No change to Level of assessment - RAL Impact assessment
Balance of Proposed Planning Scheme Amendment
Not applicable
Changes proposed (carports setbacks sheds etc)
No further changes to the proposed Planning Scheme Amendment as provided post consultation
Not applicable
Not applicable
RTI1819-035-DSDMIP - Page 36 of 55
From Graeme BoltonTo Stewart Pentland Kerry Doss Megan BayntunCc Anthony MartiniSubject RE MBRC Planning Scheme Amendment Meeting 13062018Date Monday 18 June 2018 82200 AMAttachments image001png
image002jpg
Hi Stewart Thank you for providing the attached table and below information As per Kerryrsquos email we willreview and respond as soon as possible Regards Graeme
Graeme BoltonExecutive Director Planning and Development ServicesPlanning GroupDepartment of State Development Manufacturing Infrastructure and Planning---------------------------------------------------------------------------------------------------------------------------------------------
P 07 3452 6741 MLevel 13 1 William Street Brisbane QLD 4000PO Box 15009 City East QLD 4002wwwdsdmipqldgovau
From Stewart Pentland [mailtoStewartPentlandmoretonbayqldgovau] Sent Thursday 14 June 2018 1234 PMTo Kerry Doss ltKerryDossdsdmipqldgovaugt Graeme BoltonltGraemeBoltondsdmipqldgovaugt Megan Bayntun ltMeganBayntundsdmipqldgovaugtCc Anthony Martini ltAnthonyMartinimoretonbayqldgovaugtSubject MBRC Planning Scheme Amendment Meeting 13062018 Graeme Kerry and Megan Thank you for your time yesterday Tony and I found the meeting most useful As discussed and agreed in principle
1 Council would document a series of proposed changes to the existing Planning SchemeAmendment that responds to the States direction to remove reference to the CIA andassociated service area non-service area concepts (see attached)
2 Subject to an iterative process between the State and council this information would thenform the basis of a conditional approval of the current major scheme amendment amp
3 The existing amendment would then be finalised by way of a conditional approval consistentwith points 1 and 2 above ASAP
RTI1819-035-DSDMIP - Page 37 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
Please find attached a first draft table outlining what are considered to be the necessary changesto the current amendment We would welcome your thoughts on this so that we can continue todevelop its contents with you I note you indicated that for this approach to be utilised you would need to be comfortable thatthe type of changes proposed did not constitute a substantial change As a consequence we haveincluded a column (Substantial change) that includes our appraisal of each proposed change Againwe would welcome your thoughts on this matter also It would be good to progress this matter ASAP In doing so it would be appreciated if you couldadvise when you consider you may be able to provide a response to these initial draftrepresentations In the interim should you require anything further please let me know Regards Stewart PentlandDirectorPlanning and Economic DevelopmentMoreton Bay Regional Council2 Hasking Street Caboolture Qld 4510P 07 5433 2023M Email stewartpentlandmoretonbayqldgovauwwwmoretonbayqldgovau CCR3_email_signhr
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in this e-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are not anamed recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legalprivilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete all copiesimmediately and contact the sender to advise of the errorIt is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liability forloss or damage arising directly or indirectly from opening this email opening any attachments or any communication errorsThe views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 38 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
From Graeme BoltonTo Anthony MartiniCc Ann Abbott Stewart Pentland Kerry DossSubject RE Moreton Bay Regional Council - Amendment to Planning Scheme ProgressDate Tuesday 10 July 2018 65800 PMAttachments image001png
Good afternoon Tony Thank you for your email below I do apologise for not being able to take your call I was in ameeting and then subsequently on a teleconference when you phoned As discussed last week we met with DTMR officers who agreed to provide us with additionalinformation by tomorrow We greatly appreciate the councilrsquos willingness to work with the department to find a wayforward However given the complexity of the amendments it is not as easy as you portray tohave ldquoremoved the CIA and the servicenon service area referencesrdquo All we have at this point intime is a high level table with expressed intent To give effect to this intent involves significantchanges to the proposed amendment and carries a very high risk of unintended consequencesfor the operation of the planning scheme and potential lawfulness of the amendment I amextremely concerned about agreeing to something now only to find out after the Minister hasconditionally approved the amendment that the expressed intent cannot be delivered We are endeavouring to find a solution I will advise further once we have received theadditional information from DTMR Regards Graeme
Graeme BoltonExecutive Director Planning and Development ServicesPlanning GroupDepartment of State Development Manufacturing Infrastructure and Planning--------------------------------------------------------------- ---------------------------
P 07 3452 6741 MLevel 13 1 William Street Brisbane QLD 4000PO Box 15009 City East QLD 4002wwwdsdmipqldgovau
From Anthony Martini [mailtoAnthonyMartinimoretonbayqldgovau] Sent Tuesday 10 July 2018 108 PMTo Graeme Bolton ltGraemeBoltondsdmipqldgovaugtCc Ann Abbott ltAnnAbbottmoretonbayqldgovaugt Stewart PentlandltStewartPentlandmoretonbayqldgovaugt Kerry Doss ltKerryDossdsdmipqldgovaugtSubject Moreton Bay Regional Council - Amendment to Planning Scheme Progress
RTI1819-035-DSDMIP - Page 39 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
Hi Graeme Appreciate that you are busy however I have endeavoured to make contact with you over thepast few days for the purposes of understanding where we are at with regards to receiving apartial or full draft condition set to the amendment to the planning scheme It is nearly 4 weeks since we first met at which meeting MBRC offered to remove the CIA andservice areas non service areas from the amendment and provided shortly thereafter a tablesummary of these changes for further discussion and guidance for the State and MBRC to workthrough You have advised that these changes are agreed in principle You have also advised that thechanges need to be worked through I am in a position where I need some information from you as to what is occurring and when toprovide to the CEO and Mayor From MBRCrsquos perspective we have undertaken all that has beenasked of MBRC - removed the CIA and the servicenon service area references Is there anythingelse which MBRC needs to consider I await your advice Thanks Tony
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in thise-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are nota named recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legalprivilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete allcopies immediately and contact the sender to advise of the errorIt is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liabilityfor loss or damage arising directly or indirectly from opening this email opening any attachments or any communication errorsThe views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 40 of 55
From Graeme BoltonTo Anthony MartiniCc Stewart Pentland Kerry Doss Garth NolanSubject RE Update on draft conditionsDate Thursday 5 July 2018 30400 PMAttachments image001png
image002png
Hi Tony I appreciate your concerns and we are progressing this as fast as possible As you can alsohopefully appreciate the amendment in its own right is a very large and complex document Thechanges being proposed are not unsubstantial and have multiple unintended consequencesmany of which have the potential to adversely affect matters of state interest As such we aretrying to resolve these to an acceptable level (for the state) before sharing these with you I will forward these to you as soon as possible Regards Graeme
Graeme BoltonExecutive Director Planning and Development ServicesPlanning GroupDepartment of State Development Manufacturing Infrastructure and Planning---------------------------------------------------------------------------------------------------------------------------------------------
P 07 3452 6741 MLevel 13 1 William Street Brisbane QLD 4000PO Box 15009 City East QLD 4002wwwdsdmipqldgovau
From Anthony Martini [mailtoAnthonyMartinimoretonbayqldgovau] Sent Tuesday 3 July 2018 543 PMTo Graeme Bolton ltGraemeBoltondsdmipqldgovaugtCc Stewart Pentland ltStewartPentlandmoretonbayqldgovaugt Kerry DossltKerryDossdsdmipqldgovaugt Garth Nolan ltGarthNolandsdmipqldgovaugtSubject RE Update on draft conditions Hi Graeme Thank you for the update It would be good to catch up sooner rather than later as it is fast approaching 3 weeks since ourinitial meeting I can advise that the Mayor sought advice from me as to where the amendmentwas at - as I had advised him 10 days ago that a draft set was to be available with a day or so As discussed our preference is to collaboratively work on the content of the draft conditions Itwould be appreciated if you could send through the balance of the approval and conditions now
RTI1819-035-DSDMIP - Page 41 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
this will enable us to get the process moving Thanks Tony
From Graeme Bolton [mailtoGraemeBoltondsdmipqldgovau] Sent Tuesday 3 July 2018 307 PMTo Anthony Martini ltAnthonyMartinimoretonbayqldgovaugtCc Stewart Pentland ltStewartPentlandmoretonbayqldgovaugt Kerry DossltKerryDossdsdmipqldgovaugt Garth Nolan ltGarthNolandsdmipqldgovaugtSubject Update on draft conditions Hi Tony As previously advised I met with senior officers from DTMR today to discuss some concernstheyrsquove raised in respect to conditioning the proposed amendment I believe we have a wayforward and DTMR are working on a couple of options as a matter of priority I am expecting tohave something back from DTMR mid next week We will continue to work closely with them totry and get something out sooner As previously discussed we will share the draft conditions once we are satisfied with them Wewould be happy to work with you to ensure they are workable from councilrsquos perspective Regards Graeme
Graeme BoltonExecutive Director Planning and Development ServicesPlanning GroupDepartment of State Development Manufacturing Infrastructure and Planning---------------------------------------------------------------- -------------------------------
P 07 3452 6741 MLevel 13 1 William Street Brisbane QLD 4000PO Box 15009 City East QLD 4002wwwdsdmipqldgovau
This email and any attachments may contain confidential or privileged information and may be protected by copyright Youmust not use or disclose them other than for the purposes for which they were supplied The confidentiality and privilegeattached to this message and attachment is not waived by reason of mistaken delivery to you If you are not the intendedrecipient you must not use disclose retain forward or reproduce this message or any attachments If you receive thismessage in error please notify the sender by return email or telephone and destroy and delete all copies The Departmentdoes not accept any responsibility for any loss or damage that may result from reliance on or use of any informationcontained in this email andor attachments
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in this
e-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are not
RTI1819-035-DSDMIP - Page 42 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
a named recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legal
privilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete all
copies immediately and contact the sender to advise of the error
It is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liability
for loss or damage arising directly or indirectly from opening this email opening any attachments or any communication errors
The views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 43 of 55
RTI1819-035-DSDMIP - Page 44 of 55
RTI1819-035-DSDMIP - Page 45 of 55
RTI1819-035-DSDMIP - Page 46 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
RTI1819-035-DSDMIP - Page 47 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
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RTI1819-035-DSDMIP - Page 49 of 55
RTI1819-035-DSDMIP - Page 50 of 55
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Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
RTI1819-035-DSDMIP - Page 53 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
RTI1819-035-DSDMIP - Page 54 of 55
RTI1819-035-DSDMIP - Page 55 of 55
MBRC policy end Current MBRC Planning
Scheme Advertised Proposed
Planning Scheme Amendment
Amended Proposed Planning Scheme
Amendment
Other necessary changes to achieve MBRC policy end
Substantial change
- No change to Level of assessment - RAL Impact assessment
Balance of Proposed Planning Scheme Amendment
Not applicable
Changes proposed (carports setbacks sheds etc)
No further changes to the proposed Planning Scheme Amendment as provided post consultation
Not applicable
Not applicable
RTI1819-035-DSDMIP - Page 36 of 55
From Graeme BoltonTo Stewart Pentland Kerry Doss Megan BayntunCc Anthony MartiniSubject RE MBRC Planning Scheme Amendment Meeting 13062018Date Monday 18 June 2018 82200 AMAttachments image001png
image002jpg
Hi Stewart Thank you for providing the attached table and below information As per Kerryrsquos email we willreview and respond as soon as possible Regards Graeme
Graeme BoltonExecutive Director Planning and Development ServicesPlanning GroupDepartment of State Development Manufacturing Infrastructure and Planning---------------------------------------------------------------------------------------------------------------------------------------------
P 07 3452 6741 MLevel 13 1 William Street Brisbane QLD 4000PO Box 15009 City East QLD 4002wwwdsdmipqldgovau
From Stewart Pentland [mailtoStewartPentlandmoretonbayqldgovau] Sent Thursday 14 June 2018 1234 PMTo Kerry Doss ltKerryDossdsdmipqldgovaugt Graeme BoltonltGraemeBoltondsdmipqldgovaugt Megan Bayntun ltMeganBayntundsdmipqldgovaugtCc Anthony Martini ltAnthonyMartinimoretonbayqldgovaugtSubject MBRC Planning Scheme Amendment Meeting 13062018 Graeme Kerry and Megan Thank you for your time yesterday Tony and I found the meeting most useful As discussed and agreed in principle
1 Council would document a series of proposed changes to the existing Planning SchemeAmendment that responds to the States direction to remove reference to the CIA andassociated service area non-service area concepts (see attached)
2 Subject to an iterative process between the State and council this information would thenform the basis of a conditional approval of the current major scheme amendment amp
3 The existing amendment would then be finalised by way of a conditional approval consistentwith points 1 and 2 above ASAP
RTI1819-035-DSDMIP - Page 37 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
Please find attached a first draft table outlining what are considered to be the necessary changesto the current amendment We would welcome your thoughts on this so that we can continue todevelop its contents with you I note you indicated that for this approach to be utilised you would need to be comfortable thatthe type of changes proposed did not constitute a substantial change As a consequence we haveincluded a column (Substantial change) that includes our appraisal of each proposed change Againwe would welcome your thoughts on this matter also It would be good to progress this matter ASAP In doing so it would be appreciated if you couldadvise when you consider you may be able to provide a response to these initial draftrepresentations In the interim should you require anything further please let me know Regards Stewart PentlandDirectorPlanning and Economic DevelopmentMoreton Bay Regional Council2 Hasking Street Caboolture Qld 4510P 07 5433 2023M Email stewartpentlandmoretonbayqldgovauwwwmoretonbayqldgovau CCR3_email_signhr
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in this e-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are not anamed recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legalprivilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete all copiesimmediately and contact the sender to advise of the errorIt is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liability forloss or damage arising directly or indirectly from opening this email opening any attachments or any communication errorsThe views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 38 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
From Graeme BoltonTo Anthony MartiniCc Ann Abbott Stewart Pentland Kerry DossSubject RE Moreton Bay Regional Council - Amendment to Planning Scheme ProgressDate Tuesday 10 July 2018 65800 PMAttachments image001png
Good afternoon Tony Thank you for your email below I do apologise for not being able to take your call I was in ameeting and then subsequently on a teleconference when you phoned As discussed last week we met with DTMR officers who agreed to provide us with additionalinformation by tomorrow We greatly appreciate the councilrsquos willingness to work with the department to find a wayforward However given the complexity of the amendments it is not as easy as you portray tohave ldquoremoved the CIA and the servicenon service area referencesrdquo All we have at this point intime is a high level table with expressed intent To give effect to this intent involves significantchanges to the proposed amendment and carries a very high risk of unintended consequencesfor the operation of the planning scheme and potential lawfulness of the amendment I amextremely concerned about agreeing to something now only to find out after the Minister hasconditionally approved the amendment that the expressed intent cannot be delivered We are endeavouring to find a solution I will advise further once we have received theadditional information from DTMR Regards Graeme
Graeme BoltonExecutive Director Planning and Development ServicesPlanning GroupDepartment of State Development Manufacturing Infrastructure and Planning--------------------------------------------------------------- ---------------------------
P 07 3452 6741 MLevel 13 1 William Street Brisbane QLD 4000PO Box 15009 City East QLD 4002wwwdsdmipqldgovau
From Anthony Martini [mailtoAnthonyMartinimoretonbayqldgovau] Sent Tuesday 10 July 2018 108 PMTo Graeme Bolton ltGraemeBoltondsdmipqldgovaugtCc Ann Abbott ltAnnAbbottmoretonbayqldgovaugt Stewart PentlandltStewartPentlandmoretonbayqldgovaugt Kerry Doss ltKerryDossdsdmipqldgovaugtSubject Moreton Bay Regional Council - Amendment to Planning Scheme Progress
RTI1819-035-DSDMIP - Page 39 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
Hi Graeme Appreciate that you are busy however I have endeavoured to make contact with you over thepast few days for the purposes of understanding where we are at with regards to receiving apartial or full draft condition set to the amendment to the planning scheme It is nearly 4 weeks since we first met at which meeting MBRC offered to remove the CIA andservice areas non service areas from the amendment and provided shortly thereafter a tablesummary of these changes for further discussion and guidance for the State and MBRC to workthrough You have advised that these changes are agreed in principle You have also advised that thechanges need to be worked through I am in a position where I need some information from you as to what is occurring and when toprovide to the CEO and Mayor From MBRCrsquos perspective we have undertaken all that has beenasked of MBRC - removed the CIA and the servicenon service area references Is there anythingelse which MBRC needs to consider I await your advice Thanks Tony
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in thise-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are nota named recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legalprivilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete allcopies immediately and contact the sender to advise of the errorIt is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liabilityfor loss or damage arising directly or indirectly from opening this email opening any attachments or any communication errorsThe views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 40 of 55
From Graeme BoltonTo Anthony MartiniCc Stewart Pentland Kerry Doss Garth NolanSubject RE Update on draft conditionsDate Thursday 5 July 2018 30400 PMAttachments image001png
image002png
Hi Tony I appreciate your concerns and we are progressing this as fast as possible As you can alsohopefully appreciate the amendment in its own right is a very large and complex document Thechanges being proposed are not unsubstantial and have multiple unintended consequencesmany of which have the potential to adversely affect matters of state interest As such we aretrying to resolve these to an acceptable level (for the state) before sharing these with you I will forward these to you as soon as possible Regards Graeme
Graeme BoltonExecutive Director Planning and Development ServicesPlanning GroupDepartment of State Development Manufacturing Infrastructure and Planning---------------------------------------------------------------------------------------------------------------------------------------------
P 07 3452 6741 MLevel 13 1 William Street Brisbane QLD 4000PO Box 15009 City East QLD 4002wwwdsdmipqldgovau
From Anthony Martini [mailtoAnthonyMartinimoretonbayqldgovau] Sent Tuesday 3 July 2018 543 PMTo Graeme Bolton ltGraemeBoltondsdmipqldgovaugtCc Stewart Pentland ltStewartPentlandmoretonbayqldgovaugt Kerry DossltKerryDossdsdmipqldgovaugt Garth Nolan ltGarthNolandsdmipqldgovaugtSubject RE Update on draft conditions Hi Graeme Thank you for the update It would be good to catch up sooner rather than later as it is fast approaching 3 weeks since ourinitial meeting I can advise that the Mayor sought advice from me as to where the amendmentwas at - as I had advised him 10 days ago that a draft set was to be available with a day or so As discussed our preference is to collaboratively work on the content of the draft conditions Itwould be appreciated if you could send through the balance of the approval and conditions now
RTI1819-035-DSDMIP - Page 41 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
this will enable us to get the process moving Thanks Tony
From Graeme Bolton [mailtoGraemeBoltondsdmipqldgovau] Sent Tuesday 3 July 2018 307 PMTo Anthony Martini ltAnthonyMartinimoretonbayqldgovaugtCc Stewart Pentland ltStewartPentlandmoretonbayqldgovaugt Kerry DossltKerryDossdsdmipqldgovaugt Garth Nolan ltGarthNolandsdmipqldgovaugtSubject Update on draft conditions Hi Tony As previously advised I met with senior officers from DTMR today to discuss some concernstheyrsquove raised in respect to conditioning the proposed amendment I believe we have a wayforward and DTMR are working on a couple of options as a matter of priority I am expecting tohave something back from DTMR mid next week We will continue to work closely with them totry and get something out sooner As previously discussed we will share the draft conditions once we are satisfied with them Wewould be happy to work with you to ensure they are workable from councilrsquos perspective Regards Graeme
Graeme BoltonExecutive Director Planning and Development ServicesPlanning GroupDepartment of State Development Manufacturing Infrastructure and Planning---------------------------------------------------------------- -------------------------------
P 07 3452 6741 MLevel 13 1 William Street Brisbane QLD 4000PO Box 15009 City East QLD 4002wwwdsdmipqldgovau
This email and any attachments may contain confidential or privileged information and may be protected by copyright Youmust not use or disclose them other than for the purposes for which they were supplied The confidentiality and privilegeattached to this message and attachment is not waived by reason of mistaken delivery to you If you are not the intendedrecipient you must not use disclose retain forward or reproduce this message or any attachments If you receive thismessage in error please notify the sender by return email or telephone and destroy and delete all copies The Departmentdoes not accept any responsibility for any loss or damage that may result from reliance on or use of any informationcontained in this email andor attachments
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in this
e-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are not
RTI1819-035-DSDMIP - Page 42 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
a named recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legal
privilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete all
copies immediately and contact the sender to advise of the error
It is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liability
for loss or damage arising directly or indirectly from opening this email opening any attachments or any communication errors
The views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 43 of 55
RTI1819-035-DSDMIP - Page 44 of 55
RTI1819-035-DSDMIP - Page 45 of 55
RTI1819-035-DSDMIP - Page 46 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
RTI1819-035-DSDMIP - Page 47 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
RTI1819-035-DSDMIP - Page 48 of 55
RTI1819-035-DSDMIP - Page 49 of 55
RTI1819-035-DSDMIP - Page 50 of 55
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RTI1819-035-DSDMIP - Page 53 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
RTI1819-035-DSDMIP - Page 54 of 55
RTI1819-035-DSDMIP - Page 55 of 55
From Graeme BoltonTo Stewart Pentland Kerry Doss Megan BayntunCc Anthony MartiniSubject RE MBRC Planning Scheme Amendment Meeting 13062018Date Monday 18 June 2018 82200 AMAttachments image001png
image002jpg
Hi Stewart Thank you for providing the attached table and below information As per Kerryrsquos email we willreview and respond as soon as possible Regards Graeme
Graeme BoltonExecutive Director Planning and Development ServicesPlanning GroupDepartment of State Development Manufacturing Infrastructure and Planning---------------------------------------------------------------------------------------------------------------------------------------------
P 07 3452 6741 MLevel 13 1 William Street Brisbane QLD 4000PO Box 15009 City East QLD 4002wwwdsdmipqldgovau
From Stewart Pentland [mailtoStewartPentlandmoretonbayqldgovau] Sent Thursday 14 June 2018 1234 PMTo Kerry Doss ltKerryDossdsdmipqldgovaugt Graeme BoltonltGraemeBoltondsdmipqldgovaugt Megan Bayntun ltMeganBayntundsdmipqldgovaugtCc Anthony Martini ltAnthonyMartinimoretonbayqldgovaugtSubject MBRC Planning Scheme Amendment Meeting 13062018 Graeme Kerry and Megan Thank you for your time yesterday Tony and I found the meeting most useful As discussed and agreed in principle
1 Council would document a series of proposed changes to the existing Planning SchemeAmendment that responds to the States direction to remove reference to the CIA andassociated service area non-service area concepts (see attached)
2 Subject to an iterative process between the State and council this information would thenform the basis of a conditional approval of the current major scheme amendment amp
3 The existing amendment would then be finalised by way of a conditional approval consistentwith points 1 and 2 above ASAP
RTI1819-035-DSDMIP - Page 37 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
Please find attached a first draft table outlining what are considered to be the necessary changesto the current amendment We would welcome your thoughts on this so that we can continue todevelop its contents with you I note you indicated that for this approach to be utilised you would need to be comfortable thatthe type of changes proposed did not constitute a substantial change As a consequence we haveincluded a column (Substantial change) that includes our appraisal of each proposed change Againwe would welcome your thoughts on this matter also It would be good to progress this matter ASAP In doing so it would be appreciated if you couldadvise when you consider you may be able to provide a response to these initial draftrepresentations In the interim should you require anything further please let me know Regards Stewart PentlandDirectorPlanning and Economic DevelopmentMoreton Bay Regional Council2 Hasking Street Caboolture Qld 4510P 07 5433 2023M Email stewartpentlandmoretonbayqldgovauwwwmoretonbayqldgovau CCR3_email_signhr
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in this e-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are not anamed recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legalprivilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete all copiesimmediately and contact the sender to advise of the errorIt is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liability forloss or damage arising directly or indirectly from opening this email opening any attachments or any communication errorsThe views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 38 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
From Graeme BoltonTo Anthony MartiniCc Ann Abbott Stewart Pentland Kerry DossSubject RE Moreton Bay Regional Council - Amendment to Planning Scheme ProgressDate Tuesday 10 July 2018 65800 PMAttachments image001png
Good afternoon Tony Thank you for your email below I do apologise for not being able to take your call I was in ameeting and then subsequently on a teleconference when you phoned As discussed last week we met with DTMR officers who agreed to provide us with additionalinformation by tomorrow We greatly appreciate the councilrsquos willingness to work with the department to find a wayforward However given the complexity of the amendments it is not as easy as you portray tohave ldquoremoved the CIA and the servicenon service area referencesrdquo All we have at this point intime is a high level table with expressed intent To give effect to this intent involves significantchanges to the proposed amendment and carries a very high risk of unintended consequencesfor the operation of the planning scheme and potential lawfulness of the amendment I amextremely concerned about agreeing to something now only to find out after the Minister hasconditionally approved the amendment that the expressed intent cannot be delivered We are endeavouring to find a solution I will advise further once we have received theadditional information from DTMR Regards Graeme
Graeme BoltonExecutive Director Planning and Development ServicesPlanning GroupDepartment of State Development Manufacturing Infrastructure and Planning--------------------------------------------------------------- ---------------------------
P 07 3452 6741 MLevel 13 1 William Street Brisbane QLD 4000PO Box 15009 City East QLD 4002wwwdsdmipqldgovau
From Anthony Martini [mailtoAnthonyMartinimoretonbayqldgovau] Sent Tuesday 10 July 2018 108 PMTo Graeme Bolton ltGraemeBoltondsdmipqldgovaugtCc Ann Abbott ltAnnAbbottmoretonbayqldgovaugt Stewart PentlandltStewartPentlandmoretonbayqldgovaugt Kerry Doss ltKerryDossdsdmipqldgovaugtSubject Moreton Bay Regional Council - Amendment to Planning Scheme Progress
RTI1819-035-DSDMIP - Page 39 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
Hi Graeme Appreciate that you are busy however I have endeavoured to make contact with you over thepast few days for the purposes of understanding where we are at with regards to receiving apartial or full draft condition set to the amendment to the planning scheme It is nearly 4 weeks since we first met at which meeting MBRC offered to remove the CIA andservice areas non service areas from the amendment and provided shortly thereafter a tablesummary of these changes for further discussion and guidance for the State and MBRC to workthrough You have advised that these changes are agreed in principle You have also advised that thechanges need to be worked through I am in a position where I need some information from you as to what is occurring and when toprovide to the CEO and Mayor From MBRCrsquos perspective we have undertaken all that has beenasked of MBRC - removed the CIA and the servicenon service area references Is there anythingelse which MBRC needs to consider I await your advice Thanks Tony
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in thise-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are nota named recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legalprivilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete allcopies immediately and contact the sender to advise of the errorIt is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liabilityfor loss or damage arising directly or indirectly from opening this email opening any attachments or any communication errorsThe views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 40 of 55
From Graeme BoltonTo Anthony MartiniCc Stewart Pentland Kerry Doss Garth NolanSubject RE Update on draft conditionsDate Thursday 5 July 2018 30400 PMAttachments image001png
image002png
Hi Tony I appreciate your concerns and we are progressing this as fast as possible As you can alsohopefully appreciate the amendment in its own right is a very large and complex document Thechanges being proposed are not unsubstantial and have multiple unintended consequencesmany of which have the potential to adversely affect matters of state interest As such we aretrying to resolve these to an acceptable level (for the state) before sharing these with you I will forward these to you as soon as possible Regards Graeme
Graeme BoltonExecutive Director Planning and Development ServicesPlanning GroupDepartment of State Development Manufacturing Infrastructure and Planning---------------------------------------------------------------------------------------------------------------------------------------------
P 07 3452 6741 MLevel 13 1 William Street Brisbane QLD 4000PO Box 15009 City East QLD 4002wwwdsdmipqldgovau
From Anthony Martini [mailtoAnthonyMartinimoretonbayqldgovau] Sent Tuesday 3 July 2018 543 PMTo Graeme Bolton ltGraemeBoltondsdmipqldgovaugtCc Stewart Pentland ltStewartPentlandmoretonbayqldgovaugt Kerry DossltKerryDossdsdmipqldgovaugt Garth Nolan ltGarthNolandsdmipqldgovaugtSubject RE Update on draft conditions Hi Graeme Thank you for the update It would be good to catch up sooner rather than later as it is fast approaching 3 weeks since ourinitial meeting I can advise that the Mayor sought advice from me as to where the amendmentwas at - as I had advised him 10 days ago that a draft set was to be available with a day or so As discussed our preference is to collaboratively work on the content of the draft conditions Itwould be appreciated if you could send through the balance of the approval and conditions now
RTI1819-035-DSDMIP - Page 41 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
this will enable us to get the process moving Thanks Tony
From Graeme Bolton [mailtoGraemeBoltondsdmipqldgovau] Sent Tuesday 3 July 2018 307 PMTo Anthony Martini ltAnthonyMartinimoretonbayqldgovaugtCc Stewart Pentland ltStewartPentlandmoretonbayqldgovaugt Kerry DossltKerryDossdsdmipqldgovaugt Garth Nolan ltGarthNolandsdmipqldgovaugtSubject Update on draft conditions Hi Tony As previously advised I met with senior officers from DTMR today to discuss some concernstheyrsquove raised in respect to conditioning the proposed amendment I believe we have a wayforward and DTMR are working on a couple of options as a matter of priority I am expecting tohave something back from DTMR mid next week We will continue to work closely with them totry and get something out sooner As previously discussed we will share the draft conditions once we are satisfied with them Wewould be happy to work with you to ensure they are workable from councilrsquos perspective Regards Graeme
Graeme BoltonExecutive Director Planning and Development ServicesPlanning GroupDepartment of State Development Manufacturing Infrastructure and Planning---------------------------------------------------------------- -------------------------------
P 07 3452 6741 MLevel 13 1 William Street Brisbane QLD 4000PO Box 15009 City East QLD 4002wwwdsdmipqldgovau
This email and any attachments may contain confidential or privileged information and may be protected by copyright Youmust not use or disclose them other than for the purposes for which they were supplied The confidentiality and privilegeattached to this message and attachment is not waived by reason of mistaken delivery to you If you are not the intendedrecipient you must not use disclose retain forward or reproduce this message or any attachments If you receive thismessage in error please notify the sender by return email or telephone and destroy and delete all copies The Departmentdoes not accept any responsibility for any loss or damage that may result from reliance on or use of any informationcontained in this email andor attachments
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in this
e-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are not
RTI1819-035-DSDMIP - Page 42 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
a named recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legal
privilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete all
copies immediately and contact the sender to advise of the error
It is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liability
for loss or damage arising directly or indirectly from opening this email opening any attachments or any communication errors
The views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 43 of 55
RTI1819-035-DSDMIP - Page 44 of 55
RTI1819-035-DSDMIP - Page 45 of 55
RTI1819-035-DSDMIP - Page 46 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
RTI1819-035-DSDMIP - Page 47 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
RTI1819-035-DSDMIP - Page 48 of 55
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RTI1819-035-DSDMIP - Page 53 of 55
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RTI1819-035-DSDMIP - Page 54 of 55
RTI1819-035-DSDMIP - Page 55 of 55
Please find attached a first draft table outlining what are considered to be the necessary changesto the current amendment We would welcome your thoughts on this so that we can continue todevelop its contents with you I note you indicated that for this approach to be utilised you would need to be comfortable thatthe type of changes proposed did not constitute a substantial change As a consequence we haveincluded a column (Substantial change) that includes our appraisal of each proposed change Againwe would welcome your thoughts on this matter also It would be good to progress this matter ASAP In doing so it would be appreciated if you couldadvise when you consider you may be able to provide a response to these initial draftrepresentations In the interim should you require anything further please let me know Regards Stewart PentlandDirectorPlanning and Economic DevelopmentMoreton Bay Regional Council2 Hasking Street Caboolture Qld 4510P 07 5433 2023M Email stewartpentlandmoretonbayqldgovauwwwmoretonbayqldgovau CCR3_email_signhr
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in this e-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are not anamed recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legalprivilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete all copiesimmediately and contact the sender to advise of the errorIt is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liability forloss or damage arising directly or indirectly from opening this email opening any attachments or any communication errorsThe views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 38 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
From Graeme BoltonTo Anthony MartiniCc Ann Abbott Stewart Pentland Kerry DossSubject RE Moreton Bay Regional Council - Amendment to Planning Scheme ProgressDate Tuesday 10 July 2018 65800 PMAttachments image001png
Good afternoon Tony Thank you for your email below I do apologise for not being able to take your call I was in ameeting and then subsequently on a teleconference when you phoned As discussed last week we met with DTMR officers who agreed to provide us with additionalinformation by tomorrow We greatly appreciate the councilrsquos willingness to work with the department to find a wayforward However given the complexity of the amendments it is not as easy as you portray tohave ldquoremoved the CIA and the servicenon service area referencesrdquo All we have at this point intime is a high level table with expressed intent To give effect to this intent involves significantchanges to the proposed amendment and carries a very high risk of unintended consequencesfor the operation of the planning scheme and potential lawfulness of the amendment I amextremely concerned about agreeing to something now only to find out after the Minister hasconditionally approved the amendment that the expressed intent cannot be delivered We are endeavouring to find a solution I will advise further once we have received theadditional information from DTMR Regards Graeme
Graeme BoltonExecutive Director Planning and Development ServicesPlanning GroupDepartment of State Development Manufacturing Infrastructure and Planning--------------------------------------------------------------- ---------------------------
P 07 3452 6741 MLevel 13 1 William Street Brisbane QLD 4000PO Box 15009 City East QLD 4002wwwdsdmipqldgovau
From Anthony Martini [mailtoAnthonyMartinimoretonbayqldgovau] Sent Tuesday 10 July 2018 108 PMTo Graeme Bolton ltGraemeBoltondsdmipqldgovaugtCc Ann Abbott ltAnnAbbottmoretonbayqldgovaugt Stewart PentlandltStewartPentlandmoretonbayqldgovaugt Kerry Doss ltKerryDossdsdmipqldgovaugtSubject Moreton Bay Regional Council - Amendment to Planning Scheme Progress
RTI1819-035-DSDMIP - Page 39 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
Hi Graeme Appreciate that you are busy however I have endeavoured to make contact with you over thepast few days for the purposes of understanding where we are at with regards to receiving apartial or full draft condition set to the amendment to the planning scheme It is nearly 4 weeks since we first met at which meeting MBRC offered to remove the CIA andservice areas non service areas from the amendment and provided shortly thereafter a tablesummary of these changes for further discussion and guidance for the State and MBRC to workthrough You have advised that these changes are agreed in principle You have also advised that thechanges need to be worked through I am in a position where I need some information from you as to what is occurring and when toprovide to the CEO and Mayor From MBRCrsquos perspective we have undertaken all that has beenasked of MBRC - removed the CIA and the servicenon service area references Is there anythingelse which MBRC needs to consider I await your advice Thanks Tony
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in thise-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are nota named recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legalprivilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete allcopies immediately and contact the sender to advise of the errorIt is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liabilityfor loss or damage arising directly or indirectly from opening this email opening any attachments or any communication errorsThe views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 40 of 55
From Graeme BoltonTo Anthony MartiniCc Stewart Pentland Kerry Doss Garth NolanSubject RE Update on draft conditionsDate Thursday 5 July 2018 30400 PMAttachments image001png
image002png
Hi Tony I appreciate your concerns and we are progressing this as fast as possible As you can alsohopefully appreciate the amendment in its own right is a very large and complex document Thechanges being proposed are not unsubstantial and have multiple unintended consequencesmany of which have the potential to adversely affect matters of state interest As such we aretrying to resolve these to an acceptable level (for the state) before sharing these with you I will forward these to you as soon as possible Regards Graeme
Graeme BoltonExecutive Director Planning and Development ServicesPlanning GroupDepartment of State Development Manufacturing Infrastructure and Planning---------------------------------------------------------------------------------------------------------------------------------------------
P 07 3452 6741 MLevel 13 1 William Street Brisbane QLD 4000PO Box 15009 City East QLD 4002wwwdsdmipqldgovau
From Anthony Martini [mailtoAnthonyMartinimoretonbayqldgovau] Sent Tuesday 3 July 2018 543 PMTo Graeme Bolton ltGraemeBoltondsdmipqldgovaugtCc Stewart Pentland ltStewartPentlandmoretonbayqldgovaugt Kerry DossltKerryDossdsdmipqldgovaugt Garth Nolan ltGarthNolandsdmipqldgovaugtSubject RE Update on draft conditions Hi Graeme Thank you for the update It would be good to catch up sooner rather than later as it is fast approaching 3 weeks since ourinitial meeting I can advise that the Mayor sought advice from me as to where the amendmentwas at - as I had advised him 10 days ago that a draft set was to be available with a day or so As discussed our preference is to collaboratively work on the content of the draft conditions Itwould be appreciated if you could send through the balance of the approval and conditions now
RTI1819-035-DSDMIP - Page 41 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
this will enable us to get the process moving Thanks Tony
From Graeme Bolton [mailtoGraemeBoltondsdmipqldgovau] Sent Tuesday 3 July 2018 307 PMTo Anthony Martini ltAnthonyMartinimoretonbayqldgovaugtCc Stewart Pentland ltStewartPentlandmoretonbayqldgovaugt Kerry DossltKerryDossdsdmipqldgovaugt Garth Nolan ltGarthNolandsdmipqldgovaugtSubject Update on draft conditions Hi Tony As previously advised I met with senior officers from DTMR today to discuss some concernstheyrsquove raised in respect to conditioning the proposed amendment I believe we have a wayforward and DTMR are working on a couple of options as a matter of priority I am expecting tohave something back from DTMR mid next week We will continue to work closely with them totry and get something out sooner As previously discussed we will share the draft conditions once we are satisfied with them Wewould be happy to work with you to ensure they are workable from councilrsquos perspective Regards Graeme
Graeme BoltonExecutive Director Planning and Development ServicesPlanning GroupDepartment of State Development Manufacturing Infrastructure and Planning---------------------------------------------------------------- -------------------------------
P 07 3452 6741 MLevel 13 1 William Street Brisbane QLD 4000PO Box 15009 City East QLD 4002wwwdsdmipqldgovau
This email and any attachments may contain confidential or privileged information and may be protected by copyright Youmust not use or disclose them other than for the purposes for which they were supplied The confidentiality and privilegeattached to this message and attachment is not waived by reason of mistaken delivery to you If you are not the intendedrecipient you must not use disclose retain forward or reproduce this message or any attachments If you receive thismessage in error please notify the sender by return email or telephone and destroy and delete all copies The Departmentdoes not accept any responsibility for any loss or damage that may result from reliance on or use of any informationcontained in this email andor attachments
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in this
e-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are not
RTI1819-035-DSDMIP - Page 42 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
a named recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legal
privilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete all
copies immediately and contact the sender to advise of the error
It is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liability
for loss or damage arising directly or indirectly from opening this email opening any attachments or any communication errors
The views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 43 of 55
RTI1819-035-DSDMIP - Page 44 of 55
RTI1819-035-DSDMIP - Page 45 of 55
RTI1819-035-DSDMIP - Page 46 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
RTI1819-035-DSDMIP - Page 47 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
RTI1819-035-DSDMIP - Page 48 of 55
RTI1819-035-DSDMIP - Page 49 of 55
RTI1819-035-DSDMIP - Page 50 of 55
RTI1819-035-DSDMIP - Page 51 of 55
RTI1819-035-DSDMIP - Page 52 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
RTI1819-035-DSDMIP - Page 53 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
RTI1819-035-DSDMIP - Page 54 of 55
RTI1819-035-DSDMIP - Page 55 of 55
From Graeme BoltonTo Anthony MartiniCc Ann Abbott Stewart Pentland Kerry DossSubject RE Moreton Bay Regional Council - Amendment to Planning Scheme ProgressDate Tuesday 10 July 2018 65800 PMAttachments image001png
Good afternoon Tony Thank you for your email below I do apologise for not being able to take your call I was in ameeting and then subsequently on a teleconference when you phoned As discussed last week we met with DTMR officers who agreed to provide us with additionalinformation by tomorrow We greatly appreciate the councilrsquos willingness to work with the department to find a wayforward However given the complexity of the amendments it is not as easy as you portray tohave ldquoremoved the CIA and the servicenon service area referencesrdquo All we have at this point intime is a high level table with expressed intent To give effect to this intent involves significantchanges to the proposed amendment and carries a very high risk of unintended consequencesfor the operation of the planning scheme and potential lawfulness of the amendment I amextremely concerned about agreeing to something now only to find out after the Minister hasconditionally approved the amendment that the expressed intent cannot be delivered We are endeavouring to find a solution I will advise further once we have received theadditional information from DTMR Regards Graeme
Graeme BoltonExecutive Director Planning and Development ServicesPlanning GroupDepartment of State Development Manufacturing Infrastructure and Planning--------------------------------------------------------------- ---------------------------
P 07 3452 6741 MLevel 13 1 William Street Brisbane QLD 4000PO Box 15009 City East QLD 4002wwwdsdmipqldgovau
From Anthony Martini [mailtoAnthonyMartinimoretonbayqldgovau] Sent Tuesday 10 July 2018 108 PMTo Graeme Bolton ltGraemeBoltondsdmipqldgovaugtCc Ann Abbott ltAnnAbbottmoretonbayqldgovaugt Stewart PentlandltStewartPentlandmoretonbayqldgovaugt Kerry Doss ltKerryDossdsdmipqldgovaugtSubject Moreton Bay Regional Council - Amendment to Planning Scheme Progress
RTI1819-035-DSDMIP - Page 39 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
Hi Graeme Appreciate that you are busy however I have endeavoured to make contact with you over thepast few days for the purposes of understanding where we are at with regards to receiving apartial or full draft condition set to the amendment to the planning scheme It is nearly 4 weeks since we first met at which meeting MBRC offered to remove the CIA andservice areas non service areas from the amendment and provided shortly thereafter a tablesummary of these changes for further discussion and guidance for the State and MBRC to workthrough You have advised that these changes are agreed in principle You have also advised that thechanges need to be worked through I am in a position where I need some information from you as to what is occurring and when toprovide to the CEO and Mayor From MBRCrsquos perspective we have undertaken all that has beenasked of MBRC - removed the CIA and the servicenon service area references Is there anythingelse which MBRC needs to consider I await your advice Thanks Tony
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in thise-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are nota named recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legalprivilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete allcopies immediately and contact the sender to advise of the errorIt is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liabilityfor loss or damage arising directly or indirectly from opening this email opening any attachments or any communication errorsThe views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 40 of 55
From Graeme BoltonTo Anthony MartiniCc Stewart Pentland Kerry Doss Garth NolanSubject RE Update on draft conditionsDate Thursday 5 July 2018 30400 PMAttachments image001png
image002png
Hi Tony I appreciate your concerns and we are progressing this as fast as possible As you can alsohopefully appreciate the amendment in its own right is a very large and complex document Thechanges being proposed are not unsubstantial and have multiple unintended consequencesmany of which have the potential to adversely affect matters of state interest As such we aretrying to resolve these to an acceptable level (for the state) before sharing these with you I will forward these to you as soon as possible Regards Graeme
Graeme BoltonExecutive Director Planning and Development ServicesPlanning GroupDepartment of State Development Manufacturing Infrastructure and Planning---------------------------------------------------------------------------------------------------------------------------------------------
P 07 3452 6741 MLevel 13 1 William Street Brisbane QLD 4000PO Box 15009 City East QLD 4002wwwdsdmipqldgovau
From Anthony Martini [mailtoAnthonyMartinimoretonbayqldgovau] Sent Tuesday 3 July 2018 543 PMTo Graeme Bolton ltGraemeBoltondsdmipqldgovaugtCc Stewart Pentland ltStewartPentlandmoretonbayqldgovaugt Kerry DossltKerryDossdsdmipqldgovaugt Garth Nolan ltGarthNolandsdmipqldgovaugtSubject RE Update on draft conditions Hi Graeme Thank you for the update It would be good to catch up sooner rather than later as it is fast approaching 3 weeks since ourinitial meeting I can advise that the Mayor sought advice from me as to where the amendmentwas at - as I had advised him 10 days ago that a draft set was to be available with a day or so As discussed our preference is to collaboratively work on the content of the draft conditions Itwould be appreciated if you could send through the balance of the approval and conditions now
RTI1819-035-DSDMIP - Page 41 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
this will enable us to get the process moving Thanks Tony
From Graeme Bolton [mailtoGraemeBoltondsdmipqldgovau] Sent Tuesday 3 July 2018 307 PMTo Anthony Martini ltAnthonyMartinimoretonbayqldgovaugtCc Stewart Pentland ltStewartPentlandmoretonbayqldgovaugt Kerry DossltKerryDossdsdmipqldgovaugt Garth Nolan ltGarthNolandsdmipqldgovaugtSubject Update on draft conditions Hi Tony As previously advised I met with senior officers from DTMR today to discuss some concernstheyrsquove raised in respect to conditioning the proposed amendment I believe we have a wayforward and DTMR are working on a couple of options as a matter of priority I am expecting tohave something back from DTMR mid next week We will continue to work closely with them totry and get something out sooner As previously discussed we will share the draft conditions once we are satisfied with them Wewould be happy to work with you to ensure they are workable from councilrsquos perspective Regards Graeme
Graeme BoltonExecutive Director Planning and Development ServicesPlanning GroupDepartment of State Development Manufacturing Infrastructure and Planning---------------------------------------------------------------- -------------------------------
P 07 3452 6741 MLevel 13 1 William Street Brisbane QLD 4000PO Box 15009 City East QLD 4002wwwdsdmipqldgovau
This email and any attachments may contain confidential or privileged information and may be protected by copyright Youmust not use or disclose them other than for the purposes for which they were supplied The confidentiality and privilegeattached to this message and attachment is not waived by reason of mistaken delivery to you If you are not the intendedrecipient you must not use disclose retain forward or reproduce this message or any attachments If you receive thismessage in error please notify the sender by return email or telephone and destroy and delete all copies The Departmentdoes not accept any responsibility for any loss or damage that may result from reliance on or use of any informationcontained in this email andor attachments
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in this
e-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are not
RTI1819-035-DSDMIP - Page 42 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
a named recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legal
privilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete all
copies immediately and contact the sender to advise of the error
It is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liability
for loss or damage arising directly or indirectly from opening this email opening any attachments or any communication errors
The views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 43 of 55
RTI1819-035-DSDMIP - Page 44 of 55
RTI1819-035-DSDMIP - Page 45 of 55
RTI1819-035-DSDMIP - Page 46 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
RTI1819-035-DSDMIP - Page 47 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
RTI1819-035-DSDMIP - Page 48 of 55
RTI1819-035-DSDMIP - Page 49 of 55
RTI1819-035-DSDMIP - Page 50 of 55
RTI1819-035-DSDMIP - Page 51 of 55
RTI1819-035-DSDMIP - Page 52 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
RTI1819-035-DSDMIP - Page 53 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
RTI1819-035-DSDMIP - Page 54 of 55
RTI1819-035-DSDMIP - Page 55 of 55
Hi Graeme Appreciate that you are busy however I have endeavoured to make contact with you over thepast few days for the purposes of understanding where we are at with regards to receiving apartial or full draft condition set to the amendment to the planning scheme It is nearly 4 weeks since we first met at which meeting MBRC offered to remove the CIA andservice areas non service areas from the amendment and provided shortly thereafter a tablesummary of these changes for further discussion and guidance for the State and MBRC to workthrough You have advised that these changes are agreed in principle You have also advised that thechanges need to be worked through I am in a position where I need some information from you as to what is occurring and when toprovide to the CEO and Mayor From MBRCrsquos perspective we have undertaken all that has beenasked of MBRC - removed the CIA and the servicenon service area references Is there anythingelse which MBRC needs to consider I await your advice Thanks Tony
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in thise-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are nota named recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legalprivilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete allcopies immediately and contact the sender to advise of the errorIt is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liabilityfor loss or damage arising directly or indirectly from opening this email opening any attachments or any communication errorsThe views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 40 of 55
From Graeme BoltonTo Anthony MartiniCc Stewart Pentland Kerry Doss Garth NolanSubject RE Update on draft conditionsDate Thursday 5 July 2018 30400 PMAttachments image001png
image002png
Hi Tony I appreciate your concerns and we are progressing this as fast as possible As you can alsohopefully appreciate the amendment in its own right is a very large and complex document Thechanges being proposed are not unsubstantial and have multiple unintended consequencesmany of which have the potential to adversely affect matters of state interest As such we aretrying to resolve these to an acceptable level (for the state) before sharing these with you I will forward these to you as soon as possible Regards Graeme
Graeme BoltonExecutive Director Planning and Development ServicesPlanning GroupDepartment of State Development Manufacturing Infrastructure and Planning---------------------------------------------------------------------------------------------------------------------------------------------
P 07 3452 6741 MLevel 13 1 William Street Brisbane QLD 4000PO Box 15009 City East QLD 4002wwwdsdmipqldgovau
From Anthony Martini [mailtoAnthonyMartinimoretonbayqldgovau] Sent Tuesday 3 July 2018 543 PMTo Graeme Bolton ltGraemeBoltondsdmipqldgovaugtCc Stewart Pentland ltStewartPentlandmoretonbayqldgovaugt Kerry DossltKerryDossdsdmipqldgovaugt Garth Nolan ltGarthNolandsdmipqldgovaugtSubject RE Update on draft conditions Hi Graeme Thank you for the update It would be good to catch up sooner rather than later as it is fast approaching 3 weeks since ourinitial meeting I can advise that the Mayor sought advice from me as to where the amendmentwas at - as I had advised him 10 days ago that a draft set was to be available with a day or so As discussed our preference is to collaboratively work on the content of the draft conditions Itwould be appreciated if you could send through the balance of the approval and conditions now
RTI1819-035-DSDMIP - Page 41 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
this will enable us to get the process moving Thanks Tony
From Graeme Bolton [mailtoGraemeBoltondsdmipqldgovau] Sent Tuesday 3 July 2018 307 PMTo Anthony Martini ltAnthonyMartinimoretonbayqldgovaugtCc Stewart Pentland ltStewartPentlandmoretonbayqldgovaugt Kerry DossltKerryDossdsdmipqldgovaugt Garth Nolan ltGarthNolandsdmipqldgovaugtSubject Update on draft conditions Hi Tony As previously advised I met with senior officers from DTMR today to discuss some concernstheyrsquove raised in respect to conditioning the proposed amendment I believe we have a wayforward and DTMR are working on a couple of options as a matter of priority I am expecting tohave something back from DTMR mid next week We will continue to work closely with them totry and get something out sooner As previously discussed we will share the draft conditions once we are satisfied with them Wewould be happy to work with you to ensure they are workable from councilrsquos perspective Regards Graeme
Graeme BoltonExecutive Director Planning and Development ServicesPlanning GroupDepartment of State Development Manufacturing Infrastructure and Planning---------------------------------------------------------------- -------------------------------
P 07 3452 6741 MLevel 13 1 William Street Brisbane QLD 4000PO Box 15009 City East QLD 4002wwwdsdmipqldgovau
This email and any attachments may contain confidential or privileged information and may be protected by copyright Youmust not use or disclose them other than for the purposes for which they were supplied The confidentiality and privilegeattached to this message and attachment is not waived by reason of mistaken delivery to you If you are not the intendedrecipient you must not use disclose retain forward or reproduce this message or any attachments If you receive thismessage in error please notify the sender by return email or telephone and destroy and delete all copies The Departmentdoes not accept any responsibility for any loss or damage that may result from reliance on or use of any informationcontained in this email andor attachments
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in this
e-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are not
RTI1819-035-DSDMIP - Page 42 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
a named recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legal
privilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete all
copies immediately and contact the sender to advise of the error
It is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liability
for loss or damage arising directly or indirectly from opening this email opening any attachments or any communication errors
The views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 43 of 55
RTI1819-035-DSDMIP - Page 44 of 55
RTI1819-035-DSDMIP - Page 45 of 55
RTI1819-035-DSDMIP - Page 46 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
RTI1819-035-DSDMIP - Page 47 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
RTI1819-035-DSDMIP - Page 48 of 55
RTI1819-035-DSDMIP - Page 49 of 55
RTI1819-035-DSDMIP - Page 50 of 55
RTI1819-035-DSDMIP - Page 51 of 55
RTI1819-035-DSDMIP - Page 52 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
RTI1819-035-DSDMIP - Page 53 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
RTI1819-035-DSDMIP - Page 54 of 55
RTI1819-035-DSDMIP - Page 55 of 55
From Graeme BoltonTo Anthony MartiniCc Stewart Pentland Kerry Doss Garth NolanSubject RE Update on draft conditionsDate Thursday 5 July 2018 30400 PMAttachments image001png
image002png
Hi Tony I appreciate your concerns and we are progressing this as fast as possible As you can alsohopefully appreciate the amendment in its own right is a very large and complex document Thechanges being proposed are not unsubstantial and have multiple unintended consequencesmany of which have the potential to adversely affect matters of state interest As such we aretrying to resolve these to an acceptable level (for the state) before sharing these with you I will forward these to you as soon as possible Regards Graeme
Graeme BoltonExecutive Director Planning and Development ServicesPlanning GroupDepartment of State Development Manufacturing Infrastructure and Planning---------------------------------------------------------------------------------------------------------------------------------------------
P 07 3452 6741 MLevel 13 1 William Street Brisbane QLD 4000PO Box 15009 City East QLD 4002wwwdsdmipqldgovau
From Anthony Martini [mailtoAnthonyMartinimoretonbayqldgovau] Sent Tuesday 3 July 2018 543 PMTo Graeme Bolton ltGraemeBoltondsdmipqldgovaugtCc Stewart Pentland ltStewartPentlandmoretonbayqldgovaugt Kerry DossltKerryDossdsdmipqldgovaugt Garth Nolan ltGarthNolandsdmipqldgovaugtSubject RE Update on draft conditions Hi Graeme Thank you for the update It would be good to catch up sooner rather than later as it is fast approaching 3 weeks since ourinitial meeting I can advise that the Mayor sought advice from me as to where the amendmentwas at - as I had advised him 10 days ago that a draft set was to be available with a day or so As discussed our preference is to collaboratively work on the content of the draft conditions Itwould be appreciated if you could send through the balance of the approval and conditions now
RTI1819-035-DSDMIP - Page 41 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
this will enable us to get the process moving Thanks Tony
From Graeme Bolton [mailtoGraemeBoltondsdmipqldgovau] Sent Tuesday 3 July 2018 307 PMTo Anthony Martini ltAnthonyMartinimoretonbayqldgovaugtCc Stewart Pentland ltStewartPentlandmoretonbayqldgovaugt Kerry DossltKerryDossdsdmipqldgovaugt Garth Nolan ltGarthNolandsdmipqldgovaugtSubject Update on draft conditions Hi Tony As previously advised I met with senior officers from DTMR today to discuss some concernstheyrsquove raised in respect to conditioning the proposed amendment I believe we have a wayforward and DTMR are working on a couple of options as a matter of priority I am expecting tohave something back from DTMR mid next week We will continue to work closely with them totry and get something out sooner As previously discussed we will share the draft conditions once we are satisfied with them Wewould be happy to work with you to ensure they are workable from councilrsquos perspective Regards Graeme
Graeme BoltonExecutive Director Planning and Development ServicesPlanning GroupDepartment of State Development Manufacturing Infrastructure and Planning---------------------------------------------------------------- -------------------------------
P 07 3452 6741 MLevel 13 1 William Street Brisbane QLD 4000PO Box 15009 City East QLD 4002wwwdsdmipqldgovau
This email and any attachments may contain confidential or privileged information and may be protected by copyright Youmust not use or disclose them other than for the purposes for which they were supplied The confidentiality and privilegeattached to this message and attachment is not waived by reason of mistaken delivery to you If you are not the intendedrecipient you must not use disclose retain forward or reproduce this message or any attachments If you receive thismessage in error please notify the sender by return email or telephone and destroy and delete all copies The Departmentdoes not accept any responsibility for any loss or damage that may result from reliance on or use of any informationcontained in this email andor attachments
MORETON BAY REGIONAL COUNCIL (MBRC) PRIVILEGED PRIVATE AND CONFIDENTIAL - The information contained in this
e-mail and any attachments is confidential and may attract legal privilege It is only intended for the named recipients If you are not
RTI1819-035-DSDMIP - Page 42 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
a named recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legal
privilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete all
copies immediately and contact the sender to advise of the error
It is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liability
for loss or damage arising directly or indirectly from opening this email opening any attachments or any communication errors
The views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
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Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
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Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
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Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
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this will enable us to get the process moving Thanks Tony
From Graeme Bolton [mailtoGraemeBoltondsdmipqldgovau] Sent Tuesday 3 July 2018 307 PMTo Anthony Martini ltAnthonyMartinimoretonbayqldgovaugtCc Stewart Pentland ltStewartPentlandmoretonbayqldgovaugt Kerry DossltKerryDossdsdmipqldgovaugt Garth Nolan ltGarthNolandsdmipqldgovaugtSubject Update on draft conditions Hi Tony As previously advised I met with senior officers from DTMR today to discuss some concernstheyrsquove raised in respect to conditioning the proposed amendment I believe we have a wayforward and DTMR are working on a couple of options as a matter of priority I am expecting tohave something back from DTMR mid next week We will continue to work closely with them totry and get something out sooner As previously discussed we will share the draft conditions once we are satisfied with them Wewould be happy to work with you to ensure they are workable from councilrsquos perspective Regards Graeme
Graeme BoltonExecutive Director Planning and Development ServicesPlanning GroupDepartment of State Development Manufacturing Infrastructure and Planning---------------------------------------------------------------- -------------------------------
P 07 3452 6741 MLevel 13 1 William Street Brisbane QLD 4000PO Box 15009 City East QLD 4002wwwdsdmipqldgovau
This email and any attachments may contain confidential or privileged information and may be protected by copyright Youmust not use or disclose them other than for the purposes for which they were supplied The confidentiality and privilegeattached to this message and attachment is not waived by reason of mistaken delivery to you If you are not the intendedrecipient you must not use disclose retain forward or reproduce this message or any attachments If you receive thismessage in error please notify the sender by return email or telephone and destroy and delete all copies The Departmentdoes not accept any responsibility for any loss or damage that may result from reliance on or use of any informationcontained in this email andor attachments
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RTI1819-035-DSDMIP - Page 42 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
a named recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legal
privilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete all
copies immediately and contact the sender to advise of the error
It is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liability
for loss or damage arising directly or indirectly from opening this email opening any attachments or any communication errors
The views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 43 of 55
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Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
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Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
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Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
RTI1819-035-DSDMIP - Page 53 of 55
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
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a named recipient any use of this information including copying distribution and publication is prohibited Confidentiality and legal
privilege are not waived or lost as a result of mistaken or erroneous delivery If you are not a named recipient please delete all
copies immediately and contact the sender to advise of the error
It is recommended that you scan this email and any attachment before opening MBRC does not accept any responsibility or liability
for loss or damage arising directly or indirectly from opening this email opening any attachments or any communication errors
The views expressed in this email and any attachments are the personal views of the sender unless otherwise stated
RTI1819-035-DSDMIP - Page 43 of 55
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Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
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Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
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Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
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Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
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Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
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Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
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Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
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Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
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Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
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Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
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Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
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Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
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Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
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Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
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Refused under section 47(3)(b) of the RTI Act as disclosure would on balance be contrary to the public interest
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