index – agenda...o arcturus road – 13,440m 2 @ $30.50 = $409,920.00 o comet river road –...

General Meeting of Council

MINUTES

Meeting held in the Central Highlands Regional Council Chambers, Emerald Office

Monday 5 September 2011

Commenced at 9.00am

CENTRAL HIGHLANDS REGIONAL COUNCIL

GENERAL MEETING OF COUNCIL

MONDAY 5 SEPTEMBER 2011

MINUTES CONTENTS

PRESENT ......................................................................................................................................................................... 2

APOLOGIES ..................................................................................................................................................................... 2

CONFIRMATION OF MINUTES OF PREVIOUS MEETING ............................................................................................ 2

General Council Meeting : 15 August 2011 .................................................................................................................. 2

Special Meeting : 29 August 2011 ................................................................................................................................ 2

MATERIAL PERSONAL INTEREST, PERSONAL GIFTS & BENEFITS & CONFLICT OF INTEREST ....................... 2

Arts & Cultural Services Committee Meeting Minutes: 2 August 2011 ........................................................................ 3

WORK Community Advisory Committee Meeting Minutes: 9 August 2011 ................................................................. 3

Sports & Recreation Development Committee Meeting Minutes: 9 August 2011 ........................................................ 3

CIVIL OPERATIONS’ SEGMENT .................................................................................................................................... 3

Flood Damage Work over $150,000.............................................................................................................................. 3

Donations to the Historical Society ................................................................................................................................ 3

ENVIRONMENT & PLANNING SEGMENT ..................................................................................................................... 4

1.1 - 4064/10 – Neri Investments Pty Ltd (Rocco Pennisi) C/- Urban Strategies – Mackenzie Street, ........................ 4

Blackwater – Material Change of Use – Caravan Park ................................................................................................. 4

1.2 – 4026/11 – Stuart Jeppesen C/- Murray & Associates (Qld) Pty Ltd – Olive Vale Rd Comet – Reconfiguration of Lot – two (2) lots .......................................................................................................................................................... 15

1.3 – 4032/11 – Shelda Pty Ltd (Mattingley) – 83 Gray Street & 44 Long Street Emerald – Reconfiguration of Lot – Staged two (2) into five (5) lot subdivision ................................................................................................................... 16

Delegated Approvals ................................................................................................................................................... 22

Town Entrance Contract 13-2011E ............................................................................................................................. 23

Exploration and Urban Living Submission ................................................................................................................... 23

GOVERNANCE, COMMUNITY & CORPORATE SERVICES’ SEGMENT ................................................................... 24

SUSPENSION OF STANDING ORDERS ...................................................................................................................... 24

Emerald Indoor Sports Arena ...................................................................................................................................... 24

Installation of ALERT Flood Warning Stations – Rolleston and Vandyke ................................................................... 24

EXECUTIVE MANAGER AREA SERVICES .................................................................................................................. 24

Blackwater Residential Land Release – ULDA Application ........................................................................................ 24

MAYOR’S REPORT ....................................................................................................................................................... 25

Future of the Nogoa River Flood Plain Board ............................................................................................................. 25

Springsure Youth Group .............................................................................................................................................. 25

GENERAL BUSINESS ................................................................................................................................................... 25

CLOSED SESSION ........................................................................................................................................................ 26

Into Closed Session ..................................................................................................................................................... 26

Out of Closed Session ................................................................................................................................................. 26

Pantex Freeholding Application .................................................................................................................................. 26

Springsure Aged Care Feasibility Study ...................................................................................................................... 26

CLOSED SESSION ........................................................................................................................................................ 27

Into Closed Session ..................................................................................................................................................... 27

Out of Closed Session ................................................................................................................................................. 27

CLOSURE OF MEETING ............................................................................................................................................... 27

MINUTES – GENERAL COUNCIL MEETING – MONDAY 5 SEPTEMBER 2011 – PAGE 2

MINUTES – GENERAL MEETING HELD AT 9.00AM MONDAY 5 SEPTEMBER 2011 IN THE CENTRAL HIGHLANDS REGIONAL COUNCIL CHAMBERS, EMERALD OFFICE PRESENT Councillors Councillor (Cr) P. Maguire (Mayor) Councillors (Crs) P. Bell AM, P. Bulger, K. Hayes, P. Haylock, G. Nixon, R. Rolfe & P. Schwarz Officers Chief Executive Officer B. Ottone, General Manager Civil Operations B. Turner, General Manager Governance, Community & Corporate Services P. Brumley, General Manager Environment & Planning P. Day, General Manager Commercial Services C. Dziewicki, Executive Manager Corporate Strategy B. Duke, Executive Manager Area Services G. Frangos, Manager Communications M. Sidhu, Manager Development Services L. Lankowski, F. Rofe (Minute Taker)

APOLOGIES Chief Financial Officer A. Brown Cr P. Haylock (will be late) Cr D. Brimblecombe (previously approved) Resolution: Cr Nixon moved and Cr Bulger seconded ‘That Leave of Absence be granted to Cr P. Haylock for this meeting.’

Carried CONFIRMATION OF MINUTES OF PREVIOUS MEETING

General Council Meeting : 15 August 2011 Resolution: Cr Schwarz moved and Cr Nixon seconded ‘That the minutes of the above meeting, as printed and circulated to members, be adopted.’

Carried Special Meeting : 29 August 2011 Resolution: Cr Nixon moved and Cr Bulger seconded ‘That the minutes of the above meeting, as printed and circulated to members, be adopted.’

Carried Business Arising Out Of Minutes Nil

MATERIAL PERSONAL INTEREST, PERSONAL GIFTS & BENEFITS & CONFLICT OF INTEREST Cr P. Maguire declared that he attended the following:

• Tuesday 16 August 2011 – Chaired the CWA Annual Meeting • Friday 19 August 2011 – Attended Central Highlands Irrigation Awards Dinner • Wednesday 31 August 2011 – Attended discussions and dinner with students from Sustainable

Minerals Institute

Cr P. Bulger declared a Conflict of Interest in Environment and Planning Delegated Item 2.1-4070/11


COMMITTEE RECOMMENDATIONS/NOTES

Arts & Cultural Services Committee Meeting Minutes: 2 August 2011 Resolution: Cr Nixon moved and Cr Rolfe seconded ‘That the minutes of the above meeting, as printed and circulated to members, be received.’ Carried

WORK Community Advisory Committee Meeting Minutes: 9 August 2011 Resolution: Cr Nixon moved and Cr Rolfe seconded ‘That the minutes of the above meeting, as printed and circulated to members, be received.’ Carried Sports & Recreation Development Committee Meeting Minutes: 9 August 2011 Resolution: Cr Rolfe moved and Cr Nixon seconded ‘That the minutes of the above meeting, as printed and circulated to members, be received.’ Carried

CIVIL OPERATIONS’ SEGMENT

Flood Damage Work over $150,000 Resolution: Cr Nixon moved and Cr Rolfe seconded ‘That in accordance with Section 184 (a) and (c) of the Local Government (Finance, Plans and Reporting) Regulation 2010, Council approve the engagement of the following contractors to undertake emergency restoration flood damage work (NDRRA) without publicly tendering the work:

• Civil Mining & Construction Pty Ltd for the following roads: o Buckland Road – 12,120m2 @ $35.50 = $430,260.00 o Arcturus Road – 13,440m2 @ $30.50 = $409,920.00 o Comet River Road – 42,840m2 @ $28.50 = $1,220,940.00

These rates are inclusive of traffic control and two coat seal. • Ostwald Brothers Pty Ltd for Mundabunga Road – 49,000m2 @ $21.50 = $1,053,500.00

CHRC to supply make up material and cover aggregate.’ Carried

Acceptance of the General Manager – Civil Operations’ Report Cr Hayes moved and Cr Schwarz seconded ‘That the General Manager Civil Operations’ Report be received.’ Carried

The Mayor thanked GMCS Col Dziewicki for his contribution to Council spaning some 38 ½ years. This is Col’s last meeting with CHRC and the Mayor, on behalf of the Councillors and Staff of Central Highlands Regional Council, wished him well during his retirement.

COMMERCIAL SERVICES’ SEGMENT

Donations to the Historical Society Resolution: Cr Bulger moved and Cr Nixon seconded ‘That Council agree to donate the following items to the Emerald Pioneer Cottage and Museum Association to ensure their historical value is kept, and they are not inadvertently disposed of:

• Ebling street sweeper


• 1959 Fordson tractor • 1963 Chamberlain tractor • Bedford truck • Drawn pacific multi tyre roller; and • Unbranded Sheeps foot roller.’

Carried Acceptance of the General Manager – Commercial Services’ Report Cr Nixon moved and Cr Hayes seconded ‘That the General Manager – Commercial Service’s Report be received.’

Carried

ENVIRONMENT & PLANNING SEGMENT

1.1 - 4064/10 – Neri Investments Pty Ltd (Rocco Pennisi) C/- Urban Strategies – Mackenzie Street, Blackwater – Material Change of Use – Caravan Park

Application No: 4064/10 Applicant: Neri Investments Pty Ltd C/- Urban Strategies Owner: Central Highlands Regional Council. Site Address: Mackenzie Street, Blackwater. Real Property Description: Lot 60 on SP197267 Area of Land: 3.06 ha Current Use of Land: vacant Applicant’s Address: PO Box 3368, South Brisbane, QLD 4101 Applicable Planning Scheme: Duaringa Shire Planning Scheme, 2007 Zone: Town Zone: Residential Precinct Proposal: Material Change of Use – Caravan Park – twenty (20) caravan

sites, 400m² camping sites, four hundred and twenty six (426) units, caretakers residence and ancillary facilities.

Approval Type: Development Permit Development Type: Material Change of Use Level of Assessment: Impact Referral Agencies: Department of Transport and Main Roads – Concurrence Agency Submissions: Sixty-five (65) Properly Made One (1) Not Properly Made Attachments: Locality Plan Development Plans DTMR Conditions

ULDA Third Party Response Resolution: Cr Hayes moved and Cr Schwarz seconded ‘That the applicant, Neri Investments Pty Ltd C/- Urban Strategies, be advised that the application for a Material Change of Use: Caravan Park on land at Mackenzie Street described as Lot 60 on SP197267 is approved subject to the following conditions; GENERAL 1. APPROVED USES

The use permitted as part of this approval is a Caravan Park. This approval has a currency period of four (4) years and will remain in force until 5 September 2015. Should the development not be completed within this timeframe, this approval will lapse. A new application will need to be made to Council, unless an approval has been obtained for an extension of this period.


Timing: To be maintained at all times after commencement of use.

2. APPROVED PLANS AND DOCUMENTATION

The use will be carried out in accordance with the stamped approved plans and documentation as detailed in the following schedule and any amendments arising through conditions to this approval:

Plan Title/document

title

Drawing No.

Issue No.

Date Prepared By

Site Plan 03.01 21/6/2011 Elevation Architecture Studio

Typical Modules 05.01 30/03/2011 Elevation Architecture Studio

Managers/amenities 05.02 30/03/2011 Elevation Architecture Studio

Site elevations 11.01 31/03/2011 Elevation Architecture Studio

Site perspectives 03.03 01/04/2011 Elevation Architecture Studio

Site perspectives 03.04 01/04/2011 Elevation Architecture Studio

This approval limits the development to 426 rooms/units, 20 caravan sites, managers residence and 400m² camping sites.

Staging: The proposed development may be developed in stages. If the developer/owner chooses to pursue the staging of this development, the first stage developed must include all caravan sites and all camping sites.

Timing:

To be maintained at all times after commencement of use. 3. AMENDED APPROVED PLAN

The use is to be carried out in accordance with an amended plan incorporating the following: • Revised site plan identifying location of wash bays as per the requirements of condition 17

;and • Landscape plan as per the requirements of conditions 5 and 6.

The amended plan must be submitted to the Chief Executive Officer, or delegate for approval. When approved, these plans will form part of this approval. Timing: Prior to commencement of use and at all times thereafter.

4. USE OF DEVELOPMENT

The proposed shop and diner are ancillary to the proposed use and are restricted to the use of the Caravan Park occupants. Timing: Prior to commencement of use and at all times thereafter.

5. AMENITY - LANDSCAPING

a) Landscaping and associated earthworks, site preparation and other necessary works are to be carried out in accordance with an approved landscape plan. The landscape plan is to be in accordance with Development Design Code of Council’s Planning Scheme.

b) Approval for the landscape plan is to be obtained from Chief Executive Officer, or delegate

prior to any on site landscaping works occurring.


Timing: a) Prior to commencement of use and at all times thereafter. b) Prior to work commencing.

6. AMENITY – LANDSCAPE DESIGN REQUIREMENTS

Landscaping is to be carried out in accordance with an approved, scaled landscape drawings prepared by a suitably qualified professional. The plans shall contain the following minimum information:

• Surveyed location and botanical name of existing vegetation, including species’ height and spread,

• Specify vegetation to be retained and that to be removed; • Any structures or significant vegetation on adjoining properties that could impact upon the

site; • Existing contours and proposed finished levels for earthwork; • Location of existing and proposed services; • Location and detail of subsurface, stormwater drainage and overland flow path of grassed

swales; • General identification of hard and soft landscape treatments; • Location, species’ botanical name, pot size, numbers and mature height of all proposed

planting; and • Location of slope batters steeper than 1:4.

Timing: Prior to commencement of use and to be maintained at all times thereafter.

7. AMENITY – EMISSIONS

The use is to be operated so that there is no interference with the amenity of the area or detrimental affect on any person by reason of the emission of noise, vibration, smell, fumes, smoke, vapour, steam, soot, ash, wastewater, waste products, grit, oil or otherwise. Timing: To be maintained at all times after commencement of use.

8. AMENITY – VISUAL

The landscaped areas are to be maintained at all times and to be kept free of parked vehicles, stored goods, garbage or waste materials. All built structures shall be setback a minimum of 6 metres from Mackenzie Street. Timing: To be maintained at all times after commencement of use

9. AMENITY – SERVICE EQUIPMENT

All service equipment, including air conditioning units, waste disposal units (bins) and lighting must be located so as not to cause a nuisance to the occupants of adjoining and neighbouring premises. All mechanical plant must comply with the noise criteria below: Mechanical Plant Noise Limits

Period Time Maximum noise limits at noise sensitive receiver

(measured as LA90) Day 7am – 6pm 51dB(A) + 5dB(A) = 56dB(A)

Evening 6pm-10pm 46 dB(A) + 5dB(A) = 51dB(A) Night 10pm – 7am 42 dB(A) + 5dB(A) = 45dB(A)

Source: Section 440U of the Environmental Protection Act 1994.


Timing: To be maintained at all times after commencement of use.

10. AMENITY – HOURS OF CONSTRUCTION

Construction work that makes or causes audible noise must only be carried out on site on Mondays through to Saturdays between the hours of 6:30am and 6:30pm. No audible noise is permitted in Sundays or Public Holidays. Timing: To be maintained at all times during construction works.

11. AMENITY – LIGHTING

Angle or shade lighting is to be used to illuminate the premises, so the light does not directly illuminate or cause any environmental nuisance (eg glare) to nearby premises or roads. Lighting is to be provided in accordance with the relevant Australian Standard and CPTED (Crime Prevention through Environmental Design) Guidelines. Timing: To be maintained at all times after commencement of use.

12. WASTE MANAGEMENT

In accordance with the Environmental Protection (Waste Management) Regulation 2000 waste containers are to be located as follows: � A fixed position at ground level close to the rear alignment of the building; or � At such other position as may be directed by the Chief Executive Officer, or delegate. In accordance with the Environmental Protection (Waste Management) Regulation 2000 the waste container storage area is to be constructed as follows: � Imperviously paved and suitably drained; � Fitted with a suitable hose cock and hose in the vicinity of the paved area; and � Screened with a suitable form of enclosure. Timing: At all times once use has commenced.

13. SERVICE VEHICLES

The operation of delivery vehicles (excluding buses) and/or waste collection services is limited to between the hours of 6:30am and 6:30pm Monday to Saturday. No loading or unloading is permitted from the street. Timing: To be maintained at all times after commencement of use.

14. CAR PARKING AND BUS BAY PROVISION

Car parking and bus bays are to be provided in general accordance with the approved plan, 287 car parking spaces, 1 MRV parking space and 2 bus bays are to be provided on site. Timing: Prior to commencement of use and at all times thereafter.

15. CAR PARKING - STANDARD All car parking spaces are to be line marked and designed in accordance with AS2890.1: Parking Facilities – Off Street Parking. All vehicle turning areas are to be designed to Australian Standards and must cater for the largest anticipated delivery vehicle.


All driveways, parking areas and vehicle turning areas are to be maintained clear of obstructions and shall not be utilised for the storage of goods or waste materials. Timing: Prior to commencement of use and at all times thereafter.

16. CAR PARKING – CONSTRUCTION

The pavement for car parking bays and access ways must be sealed. The pavement is to be designed by a suitably qualified professional. Timing: Prior to commencement of use and at all times thereafter.

17. PROVISION OF WASH BAYS

Two (2) wash bays shall be provided on site. A revised site plan identifying the location of the wash bays must be submitted to Council and approval obtained from the Chief Executive Officer, or delegate. The design of the wash bays must give consideration to preventing pollutants entering Council’s stormwater system and preventing excess stormwater entering Council’s sewer system. Timing: Prior to commencement of use.

18. ACCESS DRIVEWAYS

Sealed driveways are to be constructed between the road pavement and the property boundary in the locations shown on the approved plan and must meet the requirements of the Capricornia Municipal Development Guidelines standard drawing SD-R-042, Rev C. Timing: Prior to commencement of use and at all times thereafter.

19. WORKS WITHIN ROAD RESERVE. All works within the Road Reserve are subject to an Operational Works Application. A 1.2m wide footpath is to be installed along the site’s frontage to Mackenzie Street.

Timing: Prior to commencement of use and at all times thereafter.

20. ACCESS & INTERNAL ROADWAYS Proposed access and internal road layout must be capable of providing access and manoeuvring for service and delivery vehicles in accordance with AS2890.2 ‘Off Street Commercial Vehicle Facilities’ without interacting with the areas designated for parking in the submitted plans. All vehicles, including delivery vehicles, must be able to enter and exit the site in a forward direction. Internal roads are to be constructed in accordance with Council’s standards as per the approved plans of development and include the following: a) Sealed pavement; b) Kerb and channel; c) Footpaths with disability/pram ramps at all changes of levels; and d) Lighting Timing: Prior to commencement of use and at all times thereafter.

21. UTILITIES – ELECTRICAL & TELECOMMUNICATIONS


All electrical and telecommunication infrastructure servicing the development must be located underground, unless otherwise approved by the Chief Executive Officer, or delegate. Evidence must be provided from relevant service providers that satisfactory arrangements have been made for the provision of such services. Timing: Prior to commencement of use.

22. WORKS – APPLICANT’S EXPENSE

All works, services, facilities and/or public utility alterations required by this approval or stated condition/s, whether carried out by Council or otherwise, are to be at the developer’s expense, unless otherwise specified. Timing: Prior to commencement of use.

23. EROSION & SEDIMENT CONTROL – GENERAL

a) An Erosion and Sediment Control Plan (ESCP) is to be submitted with engineering drawings for the approval of the Chief Executive Officer, or delegate. Erosion and Sediment Control Plans are to be prepared in accordance with the Capricorn Municipal Development Guidelines.

b) The requirements of the approved Erosion and Sediment Control Plan are to be implemented on site.

Timing: a) Prior to site clearing, construction or commencement of earthworks. b) While site and/or building works are occurring.

24. STORMWATER DRAINAGE – DISCHARGE & DISPOSAL

All stormwater, with the exception of rainwater captured onsite in rainwater tanks, is to be drained from the site and carried without causing annoyance or nuisance to any person. The lawful point of discharge for stormwater is the kerb and channel in Mackenzie Street.

All works must be designed in accordance with the Capricorn Municipal Development Guidelines (CMDG) and the Queensland Urban Drainage Manual (QUDM). Timing: Prior to commencement of use.

25. FUTURE RESIDENTIAL DWELLINGS All future residential dwellings to be located upon the subject land shall have a finished floor level

300mm above the Finished Surface Level. Timing: Prior to commencement of use.

26. EASEMENTS An internal easement must be provided to Council for any part of a sewerage, water supply or drainage network (including overland flow paths) that passes through the site and is of benefit to another allotment. Any such easement must be of an adequate width to protect that infrastructure. The minimum width of any easement shall be 4.0m. Any such easement is to be provided at no cost to Council. Timing: Prior to commencement of use.


27. DEVELOPMENT STANDARDS – CIVIL WORKS CONSTRUCTION AND MAINTENANCE PERIOD The construction of all the works shall be undertaken in accordance with good engineering practice and workmanship and generally in accordance with the Capricorn Municipal Development Guidelines. With respect to any infrastructure that will ultimately be owned by Council, the applicant/owner shall be responsible for the maintenance of all works associated with the proposal for a period of 12 months after practical completion of the works. A bank guarantee or other security acceptable to Council, for an amount equal to 5% of the construction cost of the works for which Council will become responsible shall be lodged prior to the signing and sealing of any survey plan over the proposed allotments. The maintenance period referred to in this condition shall be extended by Council in the event of:

(a) major repairs having been carried out to the works during the maintenance period; (b) unsatisfactory operation of mechanical or electrical equipment during the maintenance

period; and/or (c) erosion or sediment control is not operating or maintained satisfactorily.

Timing: Prior to commencement of use.

28. DEVELOPMENT STANDARDS – CIVIL WORKS CONSTRUCTION – START OF WORKS Work shall not commence on the construction (or upgrading) of any proposed (or existing) road, park or other facility under (or proposed to be transferred to) the control, trusteeship or ownership of Council until:

(a) All engineering plans, drawings, specifications, drainage calculations and plans for electricity reticulation and street lighting (as prepared by a consulting electrical engineer or electricity provider) for the work have been lodged for Council approval;

(b) Council’s written approval for (a) has been issued; and (c) Any appeal, lodged against Council’s decision to approve (with or without conditions) the

development application, has been decided or resolved. Timing: Prior to the release of Survey Plan.

29. MONETARY CONTRIBUTION

A monetary contribution of $2,423,900 must be paid in accordance with Council’s Infrastructure Charging Policy. The contribution is calculated as follows for the following stages of development:

Stage Methodology Contribution

1 Adopted Infrastructure Charge = (charge rate x per unit) for a to f – discount/credit (3 bedroom dwelling). a. 20 (caravans) Short term accommodation x 5000 per

site = $100,000 b. 56 (1 bedroom units) Short term accommodation x

$10,000 = $280,000 c. 1 (2 bedroom unit) Long Term Accommodation x

$14,500 = $14,500 d. 18 (3 bedroom unit) Short Term Accommodation x

$12,500 per unit = $225,000 e. 144 Commercial (Retail) x $135 per m² of GFA =

$19,440 f. 10 (tent sites) Short Term Accommodation x $5,000 per

site = $50,000 $688,900 – $25,000 (existing credit 3 bedroom dwelling) =

$663,900


Total $663,900 Break Down by Network Sewerage 26% $172,614 Water 19% $126, 141 Transport 28% $185,892 Parks 19% $126,141 Stormwater 8% $53,112

2 Adopted Infrastructure Charge = (charge rate x per unit) for a. a. 48 (1 bedroom units) Short term accommodation x 5000

per site = $ 240,000 Total = $240,000 Break Down by Network Sewerage 26% $62,400 Water 19% $45,600 Transport 28% $67,200 Parks 19% $45,600 Stormwater 8% $19,200

$240,000



$320,000

4 Adopted Infrastructure Charge = (charge rate x per unit) for a. a. 64 (1 bedroom units) Short term accommodation x

$5000 per site = $ 320,000 Total = $320,000 Break Down by Network Sewerage 26% $82,200 Water 19% $60,800 Transport 28% $89,600 Parks 19% $60,800 Stormwater 8% $25,600

$320,000

6 Adopted Infrastructure Charge = (charge rate x per unit) for $240,000


a. a. 48 (1 bedroom units) Short term accommodation x

$5000 per site = $240,000 Total = $240,000 Break Down by Network Sewerage 26% $62,400 Water 19% $45,600 Transport 28% $67,200 Parks 19% $45,600 Stormwater 8% $19,200



$320,000



$320,000

TOTAL Stage 1 – $663,900 Stage 2 - $240,000 Stage 3 - $320,000 Stage 4 - $320,000 Stage 6 – $240,000 Stage 7 - $320,000 Stage 8 - $320,000 TOTAL - $2,423,900 Break Down by Network

$2,423,900


Sewerage 26% $630,214 Water 19% $460,541 Transport 28% $678,692 Parks 19% $460,541 Stormwater 8% $193,912

The contribution above is subject to periodic review. The applicant may elect to pay contributions in stages as outlined above or via a single payment. Timing: Prior to commencement of use.

30. WATER SUPPLY SYSTEM – CONNECTION The development is to be connected to Council’s reticulated water supply system. The connection is to be provided and metered at the developer’s expense. The water supply layout including provision for main cocks, enveloper pipes at cross street services, and valve and hydrant markers are to be in accordance with design plans submitted and approved by the Chief Executive Officer, or delegate. Any upgrading of the existing water infrastructure to cater for the development will be at the Developer’s cost. Note: The applicant is responsible for ensuring Queensland Fire Services requirements and

guidelines with respect to fire fighting prevention measures are met with respect to this development.

Timing: Prior to commencement of use.

31. SEWERAGE SUPPLY SYSTEM – CONNECTION

The development is to be connected to Council’s reticulated sewerage system. The sewer layout including connection branches are to be in accordance with design plans submitted and approved by the Chief Executive Officer, or delegate. Any upgrading of the existing sewer infrastructure to cater for the development will be at the Developer’s cost. Timing: Prior to commencement of use.

32. DISABILITY DISCRIMINATION ACT

Provision is to be made within the development for disabled access in accordance with Australian Standard 1428 and is to take into account the Disability Discrimination Act 1992 and the Anti-Discrimination Act 1991. Timing: Prior to commencement of use and at all times thereafter.

33. TRADE WASTE PERMIT

A trade waste permit must be obtained from Council and complied with at all times.


34. SITE MANAGEMENT

All excavated and/or filled areas are to be retained or battered and suitably drained so as to prevent any subsidence of the area and are to be constructed so as to deny any flow of water into or around the building or neighbouring buildings or on to adjacent land.


Where a retaining wall is planned for this purpose and such a wall exceeds 1 metre in height, plans and specifications shall be checked by the Certifying Authority before work on the retaining wall commences. Timing: Prior to commencement of use and at all times thereafter.

35. FOOD PREMISES

The premises are to be fitted out in accordance with the requirements of Australian Standard 4674-2004, Design Construction and Fit-Out of Food Premises and Food Safety Standard 3.2.3, Food Premises and Equipment.

Ventilation equipment shall be designed and installed in accordance with Australian Standard 1668.1 - 1998 and 1668.2 - 2002.


36. MAXIMUM TERM OF ACCOMMODATION The maximum length of stay permitted is twenty eight (28) consecutive days.

Timing: At all times. CONCURRENCE AGENCY CONDITIONS 1. DEPARTMENT OF TRANSPORT AND MAIN ROADS Departmental Reference: 500/203 KMA:rtz E8547 (EM 149) Development Application Number: 4064/10 Dated: 09 March 2011 Full copy of ‘Conditions of Development’ is attached. SUBMITTERS 1 Blackwater Community Progress Group PO Box 509 Blackwater 4717 2 Jay Denman 47 Stower Street Blackwater 4717 3 Janelle Denman 47 Stower Street Blackwater 4717 4 Kev Cracknell 18 Taurus Street Blackwater 4717 5 Glenn Hamilton 7 Myall Street Blackwater 4717 6 Thomas Wood 8 Acacia Street Blackwater 4717 7 Lee-Anne Cracknell 18 Taurus Street Blackwater 4717 8 Evan Biles 4 Cedar Street Blackwater 4717 9 Luke Swallow 28 Bendee Crescent Blackwater 4717 10 S Taylor 13 Conachan Street Blackwater 4717 11 Nerissa Mimi 27 Fig Street Blackwater 4717 12 Nerissa Mimi 27 Fig Street Blackwater 4717 13 Maree Todd 38 Hibiscus Crescent Blackwater 4717 14 Maree Todd 38 Hibiscus Crescent Blackwater 4717 15 Elke Flint 29 Walsh Street Blackwater 4717 16 Elke Flint 29 Walsh Street Blackwater 4717 17 Kaylene Crook 15 Diamond Drive Blackwater 4717 18 Kaylene Crook 15 Diamond Drive Blackwater 4717 19 Tracy Robertson 30 Eucalyptus Street Blackwater 4717 20 Tracy Robertson 30 Eucalyptus Street Blackwater 4717 21 Debbie Streat 10 Littlefield Street Blackwater 4717 22 Debbie Streat 10 Littlefield Street Blackwater 4717 23 Serena Kurtz 12 Bean Street Blackwater 4717


24 Jodie Morris 7 Hobler Court Blackwater 4717 25 Daniell Yipen 33 Fay Street Blackwater 4717 26 Courtney Bowers 6 Pine Street Blackwater 4717 27 Leonie Geary ‘Sherborne’ 225 Yackam Rd Blackwater 4717 28 Renee Denniss 23 Webley Street Blackwater 4717 29 Brendan Pacey 20 Summer Red Crt Blackwater 4717 30 LC Jenkinson 18 Mangrove Street Blackwater 4717 31 John McGuiness 19 Iron Bark Street Blackwater 4717 32 Tara Kavanagh 13 Hawkins Drive Blackwater 4717 33 C Peeters 8 Eucalyptus Street Blackwater 4717 34 Leane Christison 12 Stower Street Blackwater 4717 35 Tracey Barnicoat 20 Summer Red Crt Blackwater 4717 36 Mark Beasley 16 Yellowwood Street Blackwater 4717 37 L K Wood 8 Acacia Street Blackwater 4717 38 B J Watson 9 Bean Street Blackwater 4717 39 Geoffrey Hames 70 Stower Street Blackwater 4717 40 Joshua Beasley 16 Yellowwood Street Blackwater 4717 41 Brian Douglas 25 Acacia Street Blackwater 4717 42 Christopher Symmons 9 Bean Street Blackwater 4717 43 James Kadel 19 Bendee Crescent Blackwater 4717 44 Sonya Taylor 13 Conachan Street Blackwater 4717 45 Lisa Wogand 22 Fig Street Blackwater 4717 46 Maureen Hodkin 36 Fay Street Blackwater 4717 47 Julie Bansgrove 9 Fay Street Blackwater 4717 48 Sally Dellar 45 Rufus Street Blackwater 4717 49 Desley Weaver 11 Myall Street Blackwater 4717 50 Helen Wood 19 Birt Street Blackwater 4717 51 Denise McKean 78 Arthur Street Blackwater 4717 52 Steven Grant 20 Taurus Street Blackwater 4717 53 Lacee Mitchell 6 Monger Street Blackwater 4717 54 Kay Mitchell 40 Mackenzie Street Blackwater 4717 55 Tom Mitchell 40 Mackenzie Street Blackwater 4717 56 Janelle Pinch 1 Mahogany Street Blackwater 4717 57 Merry Pidgeon 18 Long Street Blackwater 4717 58 Allan Pidgeon 18 Long Street Blackwater 4717 59 Paula McDonald 19 Stower Street Blackwater 4717 60 Bill McDonald 19 Stower Street Blackwater 4717 61 Jeffrey Powell ‘Rosevale’ 1 Stower Street Blackwater 4717 62 Wayne Vesey 24 Acacia Street Blackwater 4717 63 Kerry Vesey 24 Acacia Street Blackwater 4717 64 OJM Oliffe 56 Railway Street Blackwater 4717 65 OJM Oliffe 56 Railway Street Blackwater 4717 66 Unknown (Illegible name) No Address Carried

1.2 – 4026/11 – Stuart Jeppesen C/- Murray & Associates (Qld) Pty Ltd – Olive Vale Rd Comet – Reconfiguration of Lot – two (2) lots Application No: 4026/11 Applicant: Stuart Jeppesen C/- Murray & Associates (QLD) Pty Ltd Owner: Dianne P Jeppesen & Stuart D Jeppesen Site Address: Olive Vale Road, Comet QLD 4702 Real Property Description: Lot 20 on DSN181 Area of Land: 1035.287 hectares Current Use of Land: Agriculture


Applicant’s Address: PO Box 246, Nambour QLD 4560 Applicable Planning Scheme: Emerald Shire Planning Scheme (Amendment 1 – 2009) Zone: Rural Zone Proposal: Subdivision of one (1) into two (2) lots Approval Type: Development Permit Development Type: Reconfiguration of a Lot Level of Assessment: Impact Referral Agencies: Department of Environment and Resource Management (Third

Party Advice) Submissions: Nil Attachments: Locality Map Plans of Development

Advice Agency Response

Resolution: Cr Nixon moved and Cr Rolfe seconded ‘That the applicant, Stuart Jeppesen C/- Murray & Associates (QLD) Pty Ltd, be advised that the application for approval of a Reconfiguration of Lot on land at Olive Vale Road, Comet described as Lot 20 on DSN181 is refused on the following grounds: Grounds for refusal:

1. The application is in conflict with Emerald Shire Planning Scheme (Amendment 1 – 2009). This conflict cannot be overcome by conditions.

2. The application is not considered to demonstrate circumstances that reasonably justify the

proposed variations to standard minimum lot size for the Rural Zone, Good Quality Agricultural Land Class C1 Pasture Land which is 2000 hectares.

3. It is not considered that an overriding “need” for smaller rural lots in this location has been

adequately demonstrated to justify non-compliance with the Planning Scheme.

4. It is considered that the proposal compromises DEOs (q) and (r). The applicant has not provided sufficient evidence to justify why the development should be approved.

5. The variation requested to Council’s minimum lot size for GQAL C1 Pasture Land is excessive. An

approval of the reconfiguration will create an undesirable precedent which will create a greater potential for non-compliant subdivisions, the cumulative impact resulting in the degrading of rural land in the Central Highland.

6. Graham Spackman & Associates Pty Ltd describes the proposed 242.816 hectare lot as “not suitable for dryland farming pursuits”, “too small and flood-prone to be considered suitable for cropping” and further that “there is no irrigation water available on this land.” The only agricultural use for this land according to this study is “dryland grazing” otherwise known as Good Quality Agricultural Land C1 Pasture Land which under the Planning Scheme recommends that 2000 hectares is an appropriate size. It has not been demonstrated that the subject land has agricultural potential different to that mapped on the Economic Resources Overlays Map RES 1 Agricultural land Class Overlay that could justify lots substantially smaller than recommended size.’

Carried

1.3 – 4032/11 – Shelda Pty Ltd (Mattingley) – 83 Gray Street & 44 Long Street Emerald – Reconfiguration of Lot – Staged two (2) into five (5) lot subdivision Application No: 4032/11 Applicant: Shelda Pty Ltd Owner: Shelda Pty Ltd Site Address: 83 Gray Street and 44 Long Street, Emerald


Real Property Description: Lot 33 on E21625 and Lot 2 on RP620568 Area of Land: 2.9765 hectares Current Use of Land: Houses, outbuildings and vacant land Applicant’s Address: PO Box 389, Emerald QLD 4720 Planning Scheme: Emerald Shire Planning Scheme (Amendment No. 1 - 2009) Zone: Town Zone: Residential Precinct Proposal: Reconfiguration of a Lot: Staged two (2) into five (5) lot residential

subdivision Approval Type: Development Permit (Stage 1a) and Preliminary Approval (Stage 1b) Development Type: Reconfiguring a Lot Level of Assessment: Code Referral Agencies: Nil Attachments: Locality Plan Proposal Plan

Resolution: Cr Bulger moved and Cr Hayes seconded ‘That the applicant, Shelda Pty Ltd, be advised that the application for approval of a Reconfiguration of a Lot (Staged, two (2) into five (5) lot residential subdivision, comprising Stage 1a (Development Permit) creating Lot 17 and balance allotment; and Stage 1b (Preliminary Approval) proposing Lots 13, 14 and 29 and balance allotment) on land at 83 Gray Street and 44 Long Street, Emerald described as Lot 33 on E21625 and Lot 2 on RP620568 is approved subject to the following conditions: 1. GENERAL - APPROVED PLANS AND DOCUMENTS

Carry out the development in accordance with the following plans and documents: • “Subdivision of Lot 33 on E21625 & Lot 2 on RP620568”; Drawing Number E94015,

Revision B; as prepared by Kinhill Cameron McNamara; dated 18.2.94; and as marked-up by the applicant (Shelda Pty Ltd) to indicate staging;

• “Proposed Subdivision of Lot 2 on RP620568 & Lot 33 on E21625”; File: MGY.DWG; as prepared by Murray & Associates (Qld) Pty Ltd and dated 29.04.2004;

• “Proposed Subdivision of Part of Lot 33 on E21625”; File: 39639.DWG; as prepared by Murray & Associates (Qld) Pty Ltd and dated 8.03.2011;

• “Subdivision of Lot 33 on E21625 & Lot 2 on RP620568 – Drawing Index, Notes, Type Sections, Locality and Catchment Plans”; Drawing Number E94010, Revision B; as prepared by Kinhill Cameron McNamara and dated 18.2.94; and

• “Subdivision of Lot 33 on E21625 & Lot 2 on RP620568 – Allotment Regrading Layout”; Drawing Number E94011, Revision B; as prepared by Kinhill Cameron McNamara and dated 18.2.94.

Note: The plans identified above include inconsistent allotment numbers/references. To minimise confusion Council recommends amended plans be prepared to support any future application for development of the subject site that accurately reflect the approved staging of this development as noted in condition 6 of this approval. Preliminary Approval: Further information is required to consider the impacts of Stage 1b, 2 and 3 of the proposed development in relation to flood. A Flood Study prepared by a suitably qualified and experienced hydrologist must be submitted as part of any further application to develop the subject land. This Flood Study must address the known flood impacts recorded for the area and address the likely impacts of the proposed development on the natural drainage pattern, and any identified impacts on adjoining properties both originating from this development, and cumulative with other known approved developments at the time of preparation as a result of cut and fill or other site works, including building works. Timing: Prior to the release of Survey Plan.

2. GENERAL – CURRENCY PERIOD


This approval has a currency period of four (4) years and will remain in force until 5 September 2015. Should the development not be completed within this timeframe this approval shall lapse and a new application will need to be made to Council, unless an approval has first been obtained for an extension of this period. Timing: Prior to the release of Survey Plan.

3. GENERAL - APPROVED PLANS – PLAN CERTIFICATION

Provide certification from a Cadastral Surveyor that the proposed allotments accord with the approved plans. Timing: Prior to the release of Survey Plan

4. GENERAL – RELEASE OF SURVEY PLANS Council will not endorse or release the Survey Plans for this development until such time as: (a) all conditions attached to this approval have been met in full; and (b) all outstanding rates and charges relating to the site have been paid. Guideline: Where a condition requiring infrastructure upgrades or works has not been carried out to

Council’s satisfaction, Council may consider accepting a bond for the uncompleted works. The bond amount shall be 150% of the value of works to be completed.

Timing: Prior to the release of Survey Plan.

5. GENERAL – BUILDINGS AND ENCUMBRANCES

(a) Provide evidence that all buildings and structures located on the site are fully contained on a single allotment within the proposed development.

(b) Where any part of a buildings or structure on the subject site traverses a boundary the encumbrance must be resolved by either:

i) removing the encumbrance; or ii) submitting an amended plan of subdivision identifying the encroachment, and

showing a revised boundary alignment.

Note: For encroachments affecting neighbouring properties, owners consent for these properties must be obtained prior to any application being considered “properly made”.


6. RECONFIGURING A LOT - APPROVED AND AMENDED STAGING The development must be carried out in accordance with the following staging plan:

• “Subdivision of Lot 33 on E21625 & Lot 2 on RP620568”; Drawing Number E94015, Revision B; as prepared by Kinhill Cameron McNamara; dated 18.2.94; and as marked-up by the applicant (Shelda Pty Ltd) to indicate staging.

Note: Stages 2 and 3 as indicated on this plan are not part of this approval. The development permit applies to Stage 1a only (i.e. proposed Lot 17), with a Preliminary Approval issued for the remainder of Stage 1 as identified below: Development Permit - Stage 1a – Lot 17 and balance allotment; and Preliminary Approval - Stage 1b – Lot 13, 14 and 29 and balance allotment.


The survey plan for Stage 1a of this development shall only be endorsed after completion of all infrastructure requirements and payment of monetary contributions as required by these conditions of approval to ensure Lot 17 is appropriately serviced. No survey plan will be issued for Stage 1b of this development approval until such time as a development permit has been obtained for the creation of Lots 13, 14 and 29 and the balance allotment. Timing: Prior to the release of Survey Plan.

7. RECONFIGURING A LOT – OPEN SPACE CONTRIBUTION (PRELIMINARY APPROVAL)

Open Space Contributions will be payable for all allotments created as part of any future approval of a Development Permit for Stages 1b, 2 and 3 of this development at the rates current at the time of payment. A credit has been given to the two (2) existing allotments and accordingly no open space contribution is payable for Stage 1a of this development.

Timing: Prior to the release of Survey Plan/s.

8. DEVELOPMENT STANDARDS – ROADS – CONSTRUCTION WORKS

Design and construct all roads serving this development, including necessary connections to the existing road network, in accordance with the Capricorn Municipal Development Guidelines as specified below. All intersections are to be designed to meet Austroads’ Guide to Traffic Engineering Practice – Part 5: Intersections at Grade. Design plans for all new road works and drainage works within the road reserve must be lodged and approved by Council prior to construction. External Road Network All works carried out on Council’s road network shall be designed and constructed as follows:

Long Street Design and construct the Long Street frontage of proposed Lot 17 to match the existing standard of this road, including associated kerb and channel, footpaths, street lighting, drainage works and intersection works in accordance with the Capricorn Municipal Development Guidelines. Timing: Prior to the release of Survey Plan/s.

9. DEVELOPMENT STANDARDS – STREET TREES Provide a minimum of one (1) additional street tree per lot to all road frontages of this development. The actual locations of these trees shall be determined during Operational Works, but shall be located such to avoid encroachment on any works or services within the road reserves fronting, or proposed within this development.

Timing: Prior to the release of Survey Plan/s.

10. DEVELOPMENT STANDARDS – STORMWATER DRAINAGE – GENERAL

All stormwater, with the exception of water captured on-site in rainwater tanks or dams, is to be drained from the site and carried without causing annoyance or nuisance to any person to a point where it may be lawfully discharged. In doing so, the developer/owner shall: (a) Design the drainage system to cater for a fully developed upstream catchment;


(b) Adequately cater for all stormwater draining to the land, especially for existing stormwater flow paths that are interfered with by the development or by filling of the subject land;

(c) Not interfere with the natural flow of stormwater unless approved under an Operational Works application;

(d) Control all flows in order to prevent sedimentation and/or erosion; (e) Not cause concentration of flows on adjoining property; (f) Not cause ponding on the site or on adjoining property; and (g) Collect within the premises all stormwater run-off from artificial and roof areas on the site and

discharge it to the lawful point of discharge. In achieving the above conditions, the design and construction criteria set forth in the Capricorn Municipal Development Guidelines are to be met. The lawful points of discharge for this site are the existing drainage infrastructure in the Gray Street and Long Street road reserves. Timing: Prior to the release of Survey Plan and to be maintained thereafter.

11. DEVELOPMENT STANDARDS – FLOOD IMMUNITY – MINIMUM FINISHED FLOOR LEVEL FOR FUTURE HABITABLE BUILDINGS Any future habitable building to be located upon proposed Lot 17 must have a minimum finished floor level at least 600mm above the highest recorded flood level for the subject site. The development shall achieve this level for all new habitable buildings by means of elevation on poles or stumps. Advisory Note: Please be advised the subject area was subject to inundation during the December 2010 flood event of the Nogoa River. Flood mapping will be available for public viewing in the near future. Timing: To be addressed at building works stage for any future habitable buildings.

12. WATER SUPPLY AND SEWERAGE CONNECTIONS

The development is to be connected to Council’s reticulated water supply and sewerage systems. All works must be carried out in accordance with the Capricorn Municipal Development Guidelines and Council’s standards. The developer is responsible for all costs associated with the connection and inspection of the proposed works and any upgrading of infrastructure required to service this development. Timing: Prior to the release of Survey Plan/s.

13. WATER AND SEWERAGE HEADWORKS (PRELIMINARY APPROVAL) Water and Sewerage Headworks Contributions will be payable for all allotments created as part of any future approval of a Development Permit for Stages 1b, 2 and 3 of this development at the rates current at the time of payment. These contributions shall be based on an equivalency ratio of 4.0 equivalent persons (EP) per additional allotment. A credit has been given to the two (2) existing allotments and accordingly no Water and Sewerage Headworks contribution is payable for Stage 1a of this development. Timing: Prior to the release of Survey Plan/s.

14. DEVELOPMENT STANDARDS – EASEMENTS


Provide a 4.0 metre wide easement to contain all interallotment sewerage infrastructure required to supply reticulated sewerage to the development. Where possible, the sewerage infrastructure must run parallel to the lot boundary and be offset within the lot by 2.0 metres. Provide a 4.0 metre wide easement to contain all interallotment stormwater infrastructure required to adequately drain the site, including overland flow paths. All easements required to comply with this condition must be free of cost and compensation to the Council. Timing: Prior to the release of Survey Plan/s.

15. DEVELOPMENT STANDARDS – PROVISION OF ELECTRICITY

a) Provide underground electricity to each new allotment within this development; and/or b) Provide evidence of existing electricity connections to each new allotment within this

development. Guideline: Council will not endorse or release the Survey Plans for this development until all

relevant requirements of CP1.27.4 of the Capricorn Municipal Development Guidelines are met and a copy of Ergon Energy’s Certificate of Acceptance has been received.


16. DEVELOPMENT STANDARDS – PROVISION OF TELECOMMUNICATIONS Provide telecommunications, including ADSL connectivity, to each new allotment within this development. Timing: Prior to the release of Survey Plan.

17. DEVELOPMENT STANDARDS – CIVIL WORKS CONSTRUCTION AND MAINTENANCE

PERIOD All works, services, facilities and/or public utility alterations required by this approval or stated condition/s, whether carried out by the Council or otherwise, shall be at the applicant/owner’s expense unless otherwise specified. The construction of all the works shall be undertaken in accordance with good engineering practice and workmanship and generally in accordance with the provisions of the Capricorn Municipal Development Guidelines. The applicant/owner shall be responsible for the maintenance of all works associated with the proposal for a period of 12 months after practical completion of the works. A bank guarantee, or other security acceptable to Council, for an amount equal to 5% of the construction cost of the works for which Council will become responsible shall be lodged prior to the signing and sealing of any survey plan over the proposed allotments. The maintenance period referred to in this condition shall be extended by Council in the event of: (a) major repairs having been carried out to the works during the maintenance period; (b) unsatisfactory operation of mechanical or electrical equipment during the maintenance

period; (c) the Plan of Survey not being registered at the conclusion of the maintenance period

(including any extended maintenance period); and/or (d) erosion or sediment control is not operating or maintained satisfactorily. Timing: Prior to the release of Survey Plan/s.


18. DEVELOPMENT STANDARDS – CIVIL WORKS CONSTRUCTION – START OF WORKS

Work shall not commence on the construction (or upgrading) of any proposed (or existing) road, park or other facility under (or proposed to be transferred to) the control, trusteeship or ownership of Council until: (a) All engineering plans, drawings, specifications, drainage calculations and plans for electricity

reticulation and street lighting (as prepared by a consulting electrical engineer or electricity provider) for the work have been lodged for Council approval;

(b) Council’s written approval for (a) has been issued; and (c) Any appeal, lodged against Council’s decision to approve (with or without conditions) the

development application, has been decided or resolved. Timing: Prior to the release of Survey Plan/s.

19. DEVELOPMENT STANDARDS – CIVIL WORKS CONSTRUCTION – SUPERVISION OF WORKS The construction of all works associated with the proposal shall be supervised by a registered engineer whose appointment shall require the approval of the Chief Executive Officer or delegate. On completion of the works the applicant/owner shall give to the Council a Certificate from the engineer stating that the work of constructing the operational works has been completed in accordance with the plans and specification approved by Council. Plans showing ‘as constructed’ details of the operational works shall be submitted to Council in electronic DWG or DXF format prior to the commencement of the use. ‘As constructed’ details will be provided in the approval for Operational Works associated with this development. Timing: Prior to the release of Survey Plan/s.

20. DEVELOPMENT STANDARDS – CIVIL WORKS CONSTRUCTION - HOURS OF OPERATION Limit the hours of operation for the construction of all works within the development to between 6:30 a.m. and 6:30 p.m. Monday to Saturday. Construction works are not permitted to be carried out on Sunday or public holidays without the prior written approval of the Chief Executive Officer. Timing: During construction of Operational Works associated with this development.’ Carried

Delegated Approvals Resolution: Cr Schwarz moved and Cr Nioxn seconded ‘That the following Delegated Approvals (8) be received: Cr Bulger declared a Conflict of Interest in the following Delegated Approval Item 2.1-4070/1 which was not discussed. Former Shire of Bauhinia 2.1 – 4070/11 - John & Rachel McGIlvray C/- Murray & Associates (Qld) Pty Ltd – 81 South Calliope Street

Springsure – Reconfiguration of Lot – two (2) lots Former Shire of Duaringa 2.2 – 4055/11 - Alan Action C/- Schlencker Surveying – 2295 Blackwater-Cooroorah Road Blackwater –

Reconfiguration of Lot – two (2) lots


Former Shire of Emerald 2.3 – 4064/09 – TR Baillie Consulting Surveyors (Garry & Jillian Little) – Bauhinia road Emerald –

Reconfiguration of Lot – Boundary Realignment – Request to Change an Existing Approval 2.4 – 4090/10 – Environmental Resources Management Australia (Fabcot Pty Ltd) – Codenwarra Road

Emerald – Material Change of Use – Off-street Car Park - Negotiated Decision 2.5 – 4031/11 – Andrew Smith C/- RPS Australia East Pty Ltd – 14 Coldstream street Emerald –

Reconfiguration of Lot – two (2) Community Title Lots 2.6 – 4062/11 – Central Highlands Aerial Services Pty Ltd (Craig Crossingham) – 1 Moffat Road Emerald –

Material Change of Use – Dual Occupancy 2.7 – 4062/11 – Central Highlands Aerial Services Pty Ltd (Craig Crossingham) – 1 Moffat Road Emerald –

Material Change of Use – Dual Occupancy – Negotiated Decision Former Shire of Peak Downs 2.8 – 4088/11 – Kevin Holt Consulting Pty Ltd (Jason Brown) – 10 Mt Macarthur Boulevard Capella –

Material Change of Use – Dual Occupancy.’ Carried

Town Entrance Contract 13-2011E Resolution: Cr Schwarz moved and Cr Hayes seconded ‘That Consistent with section 184 (b) of the Local Government (Finance, Plans and Reporting) Regulation 2010, Council resolves that because of the specialised nature and previous contracting arrangements with Advanced Metal Products Pty Ltd, it would be impractical to invite additional quotes and Contract 13-2011E (Stage 1 - Emerald (pilot project)) be extended to include Stage 2 town entrances for Springsure and Capella for which the artwork has been finalised.’ Carried Cr Bulger requested that the signboard be re-established “Welcome to the Sapphire Gemfields T thank you for visiting Emerald”, just past the TAFE College. Exploration and Urban Living Submission Resolution: Cr Hayes moved and Cr Bulger seconded ‘That:

1. Submission be made to the Department of Employment, Economic Development and Innovation advising in regard to the ‘Exploration and Urban Living: Striking the balance’ policy initiative supporting restricted area number 384 pursuant to the Mineral Resources Act 1989 for a two (2) kilometre buffer for coal and mineral exploration permit applications around designated towns in Queensland.

2. The submission include a request for all towns in the Central Highlands region be added to the list of nominated towns; to which the restricted area be applied as these are growing towns.

3. What opportunities exist for communities in expanding areas in the future? The urban footprint in some areas will need to be expanded into the two kilometre buffer in future years.

4. The submission include a request for all localities including social infrastructure for example schools to be afforded similar protection from coal and mineral exploration.

5. Council seek advice in relation to the Sapphire Gemfields and its protection.’

Carried


Acceptance of the A/General Manager – Environment & Planning’s Report Resolution: Cr Nixon moved and Cr Hayes seconded ‘That the A/General Manager – Environment & Planning’s Report be received.’

Carried

GOVERNANCE, COMMUNITY & CORPORATE SERVICES’ SEGMENT

SUSPENSION OF STANDING ORDERS

Due to the presentation regarding the Springsure Aged Care Feasibility Study being held later in the meeting, the item was considered out of sequence. Emerald Indoor Sports Arena Resolution: Cr Hayes moved and Cr Schwarz seconded ‘That Council confirm that the Emerald PCYC be approved to operate the Emerald Indoor Sports Arena for a nominal fee as a not-for-profit organisation.’ Carried Installation of ALERT Flood Warning Stations – Rolleston and Vandyke Resolution: Cr Hayes moved and Cr Rolfe seconded ‘That in accordance with Section 184 (a) and (c) of the Local Government (Finance, Plans and Reporting) Regulation 2010, Council approve the engagement of Greenspan Technology Pty Ltd at a cost of $65,850 excl. GST to undertake installation of two ALERT flood warning stations upstream of Rolleston and one on Vandyke upstream of the Springsure Tambo Road, without seeking tenders or quotes because of the urgent need to complete the work before the storm season.’ Carried

EXECUTIVE MANAGER AREA SERVICES

Attendance Cr Bell entered the meeting at 10.00am Blackwater Residential Land Release – ULDA Application Resolution: Cr Bell moved and Cr Nixon seconded ‘That, consistent with the ULDA’s statutory responsibilities and for the purpose of increasing land supply in Blackwater, Council supports the grant of the development lease and subsequent freeholdings by DERM to the ULDA over the relevant portions to be developed of Lot 1 on CP B337172 and Lot 11 on SP191840.’

Carried

Acceptance of the Executive Manager Area Services’ Report Cr Nixon moved and Cr Hayes seconded ‘That the Executive Manager Area Services’ Report be received.’ Carried


DECISIONS/INFORMATION OUT OF REPORTS

MAYOR’S REPORT Conflict of Interest Crs P. Maguire and K. Hayes declared a Conflict of Interest in the following item.

Future of the Nogoa River Flood Plain Board Resolution: Cr Bell moved and Cr Nixon seconded ‘That Council supports the decision of the Nogoa River Flood Plain Board to dissolve the Board and transfer its responsibilities to an appropriate State Government body and that Council request the Minister for Local Government to give effect to Council's decision by way of repealing Schedule 3 Part 2 of the Local Government (Areas) Regulation 2008.’ Carried Springsure Youth Group Resolution: Cr Nixon moved and Cr Bulger seconded ‘That Springsure Youth Group Members be authorised to utilise land described as Lot 8 RP 601233 being the block between 88 and 96 East Street Springsure for community purposes (market garden) at Council’s pleasure.’ Carried Acceptance of the Mayor’s Report Cr Hayes moved and Cr Rolfe seconded ‘That the Mayor’s Report be received.’ Carried

GENERAL BUSINESS

Cr Nixon Mentioned the following:

• Dingo Races are being held on Saturday 1st October • Springsure Races are being held on Saturday 17th September • Tourism Awards are being held on Saturday 1st October

Gemfields Interpretive Committee – needs to be progressed Cr Bell A request has been received from the Soccer Association to see if the cricket pitch at Morton Park can be removed as they would like to use this area for another soccer field. GMC,G&C Services to follow up with Cricket Association. Cr Bell as a member of LGAQ has an interest with this matter My Pathway to Better Health Resolution: Cr Hayes moved and Cr Schwarz seconded ‘That Council supports the Healthy Communities Program Package – my Pathway to Better Health sponsored by LGAQ in partnership with Ford Health.’ Carried Adjournment The meeting adjourned for a short break at 10.30am and resumed at 11.00am


CLOSED SESSION

Into Closed Session Cr Rolfe moved and Cr Hayes seconded ‘That Council moves into closed session to discuss legal, staffing, budgetary and prejudicial matters.’ Carried Attendance Cr P. Haylock entered the meeting at 11.45am

Out of Closed Session Cr Rolfe moved and Cr Hayes seconded ‘That Council moves out of closed session.’ Carried Pantex Freeholding Application Resolution: Cr Bell moved and Cr Hayes seconded that Council hold discussions with ULDA & Pantex to negotiate satisfactory outcomes on State land adjacent to the Civic Centre in Blackwater.’ Carried Urban Home Site Categories Resolution: Cr Nixon moved and Cr Bulger seconded ‘That Council investigate the urban home site categories for rating purposes.’ Carried Presentation Dianne Anstee (Consultant) and MCS M. Uren entered the meeting. Dianne provided an overview of the Springsure Aged Care Feasibility Study.

Springsure Aged Care Feasibility Study Resolution: Cr Nixon moved and Cr Bulger seconded ‘That:

1. Council receive the draft report ‘Springsure Aged Care Feasibility Study 2. Establish a local regional committee focused on the aged care reform agenda 3. Nominate a Council representative to submit an Expression of Interest in becoming part of the

Local Health and Hospital Networks (LHHN) by 21st October 2011 4. Pass on Council’s thanks to Dianne .’

Carried

Acceptance of the General Manager – Governance, Community & Corporate Services’ Report Cr Haylock moved and Cr Nixon seconded ‘That the General Manager – Governance, Community & Corporate Services’ Report be received.’ Carried Adjournment The meeting adjourned at 12.57pm and resumed at 1.57pm


CLOSED SESSION Presentation Representatives from Sunwater - Kerry Jones (Service Manager – Emerald) and Barry Jeppesen (General Manager) entered the meeting at 1.57pm and provided an overview of their operations. The deputation departed the meeting at 2.40pm

Into Closed Session Cr Hayes moved and Cr Nixon seconded ‘That Council moves into closed session to discuss legal, staffing, budgetary and prejudicial matters.’ Carried Attendance Due to the departure of Cr P. Maguire at 2.28pm, Cr P. Bell took the chair.

Out of Closed Session Cr Nixon moved and Cr Bulger seconded ‘That Council moves out of closed session.’ Carried CLOSURE OF MEETING There being no further business, the Deputy Mayor closed the meeting at 2.41pm. CONFIRMED: MAYOR DATE

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