local government meeting · 9/25/2014 · 2014. a summary of submissions received will usually be...

LOCAL GOVERNMENT MEETING

25 September 2014

AGENDA

Cr Bill Shannon

Cr Glenn Raleigh

Cr Bryce Macdonald

Cr Alister Pike

Cr Mark Nolan

Cr Ian Rule

Cr Kylie Farinelli

Mayor

Division 1

Division 2

Division 3

Division 4

Division 5

Division 6

Please find attached, agenda for the Local Government Meeting to be held in the Council Chambers - Board Room, 38-40 Bryant Street, Tully commencing at 9.00am.

Terry Brennan CHIEF EXECUTIVE OFFICER

AGENDA

10.00am – 10.30am Morning Tea

12.15pm – 1.00pm Lunch

1. CONFIRMATION OF MINUTES ................................................................................... 2 1.1 Confirmation of Minutes of Local Government Meeting, 11 September 2014 ................ 2

2. RECEIPT OF MINUTES .............................................................................................. 20

3. BUSINESS FROM PREVIOUS MINUTES .................................................................. 20

4. MANAGEMENT .......................................................................................................... 21 4.1 Local Government Electoral Act Changes ................................................................... 21 4.2 Local Government Remuneration & Discipline Tribunal - 2014 Remuneration Review 24

5. WORKS ...................................................................................................................... 27

6. COMMUNITY .............................................................................................................. 28 6.1 Quotation Q.1415-005 - Purchase & Removal of Demountable Buildings - Bryant

Street Tully .................................................................................................................. 28 6.2 Instruments of Delegation Under the Housing Act 2003 (HOA), Residential Tenancies

and Rooming Accommodation Act 2008 (RTRA), Residential Tenancies and Rooming Accommodation Regulation 2009 (RTRR) ................................................... 30

6.3 Regional Arts Development Fund (RADF) - August 2014 Funding Rounds ................. 57

7. PLANNING & ENVIRONMENT ................................................................................... 63 7.1 Submission on the Planning and Development Bill 2014 ............................................. 63

8. CORPORATE ............................................................................................................. 74 8.1 Corporate Services Financial Report August 2014 ...................................................... 74

9. NOTICE OF MOTION ............................................................................................... 106

10. GENERAL BUSINESS ............................................................................................. 106

11. CONFIDENTIAL ....................................................................................................... 106 11.1 Land Acquisition - Nyleta Water Reservoir ................................................................ 106 11.2 Outstanding Rates and Charges - Legal Action ......................................................... 106

Agenda – CCRC Local Government Meeting

25 September 2014

2

1. CONFIRMATION OF MINUTES

1.1 CONFIRMATION OF MINUTES OF LOCAL GOVERNMENT MEETING, 11 SEPTEMBER 2014

Recommendation:

“That the Minutes of the Local Government Meeting held on 11 September 2014 be confirmed as a true and correct record.”


25 September 2014

3


25 September 2014

4


25 September 2014

5


25 September 2014

6


25 September 2014

7


25 September 2014

8


25 September 2014

9


25 September 2014

10


25 September 2014

11


25 September 2014

12


25 September 2014

13


25 September 2014

14


25 September 2014

15


25 September 2014

16


25 September 2014

17


25 September 2014

18


25 September 2014

19


25 September 2014

20

2. RECEIPT OF MINUTES

Nil

3. BUSINESS FROM PREVIOUS MINUTES

Nil


25 September 2014

21

4. MANAGEMENT

4.1 LOCAL GOVERNMENT ELECTORAL ACT CHANGES

Author & Officer's Title: Terry Brennan - Chief Executive Officer

Meeting Date: 25 September 2014

Executive Summary:

Advice has recently been received about the passing of the Local Government Legislation Amendment Bill 2014 by State Parliament. The Bill makes a number of significant changes to the Local Government electoral arrangements. Key changes contained in the Bill include empowering the CEO of a Local Government to be the Returning Officer for a Local Government election unless they elect to withdraw from the role; introducing consistency in the voting system used for Mayors by changing the system in undivided Councils from first-past-the-post to optional preferential voting; aligning the Local Government Electoral Act 2011 with the State Electoral Act 1992, where appropriate, including adopting recent reforms to implement electronic voting and voter identification. Recommendation:

“That the report by the Chief Executive Officer on the Local Government Electoral Act changes be received and noted.”

Background: The Council has received advice from the Department of Local Government, Community Recovery and Resilience (DLGCRR) and the LGAQ about the passing of the Local Government Legislation Amendment Bill 2014 by the Legislative Assembly on 27 August 2014. The Bill makes a number of significant changes to the Local Government electoral arrangements. A previous report was provided to Council on proposals contained in a Discussion Paper on the Local Government Electoral Act Review and comments were submitted in relation to proposals for the introduction of electronic voting options and proof of identity requirements. The key changes that have been made to existing provisions are:

The default position under the Bill is that the CEO is the Returning Officer (RO) for Local Government elections but the CEO may withdraw from this role by giving appropriate withdrawal notice to the Electoral Commissioner (EC). If the CEO is not the RO, the EC must appoint one.

The Electoral Commission of Queensland (ECQ) is responsible for oversight of the conduct of Local Government elections and has the power to issue directions to a CEO RO and approve the RO's Election Plan.


25 September 2014

22

The system of voting for Mayors in undivided Local Government will change from first-past-the-post to optional preferential voting. (Cassowary Coast Regional Council is a divided Local Government and optional preferential voting already applies to the election of the Mayor).

Introducing a cut-off date within which a Local Government must apply to the Minister to conduct the election by full postal ballot if they meet the necessary criteria (the cut-off date is 1 July in the year preceding a quadrennial election).

Providing for the result of the poll for the Mayor to be notified at the earliest possible time, irrespective of whether or not Councillor results have been notified.

Aligning the Local Government election requirements with those contained in the State Electoral Act by amending provisions relating to roll closures, ballot papers, special postal votes, increased penalties for giving false or misleading information, re-count of votes, failure to vote, candidate deposits and ECQ investigation powers.

Adopting reforms contained in the Electoral Reform Amendment Act 2014 in relation to increased access to postal voting, regulation of how-to-vote cards, electronic voting and proof of identity requirements.

Clarifying that under the Local Government Act a Councillor who is subject to a suspended sentence is disqualified from being a Councillor immediately on the sentence being handed down.

The amendments to the existing Local Government electoral provisions will commence on a date to be set by proclamation. Link to Corporate Plan: 1.1 Strong Governance and Risk Awareness

a) Provide leadership that promotes the interests and views of the community. Consultation: Council submitted comments on the Discussion Paper issued prior to the development of the Bill. Legal Implications (Statutory basis, legal risks): The Bill amends the legislative requirements that apply to the conduct of Local Government elections.


25 September 2014

23

Policy Implications: Nil Risk Implications (Corporate, Operational, Project risks): CR0000967 Failure to comply with legislation Financial & Resource Implications: Council will continue to be required to meet the expenses associated with the conduct of Local Government elections. Report prepared by:

Terry Brennan - Chief Executive Officer Report created date: 17 September 2014


25 September 2014

24

4.2 LOCAL GOVERNMENT REMUNERATION & DISCIPLINE TRIBUNAL - 2014 REMUNERATION REVIEW

Author & Officer's Title: Terry Brennan - Chief Executive Officer


Executive Summary:

The Local Government Remuneration & Discipline Tribunal (the Tribunal) is required by legislation to determine the remuneration to be paid to all Councillors (excluding Brisbane City Council) each year. The Tribunal must complete its determination of the remuneration to be paid to Councillors from 1 July 2015 by 1 December 2014. The Tribunal has invited written submissions, including supporting justification, on any changes sought to the current Remuneration Schedule. Submissions close on 31 October 2014. Recommendation:

“That Council determine if it wishes to make a submission on any changes sought to the Remuneration Schedule by Friday, 31 October 2014.”

Background: The Local government Remuneration & Discipline Tribunal (the Tribunal) has recently written inviting Councils to make a written submission, on any changes sought to the Remuneration Schedule by cob on Friday, 31 October 2014. The Tribunal is required to determine the remuneration to be paid to all Mayors, Deputy Mayors and Councillors (excluding Brisbane City Council) from 1 July 2015 by 1 December 2014. A summary of submissions received will usually be included in the Tribunal's annual report. In addition, Councillors attending the LGAQ 2014 Annual Conference in Mackay are invited to attend a deputation with the Tribunal on Tuesday, 28 and Wednesday, 29 October 2014. Any submission made to the Tribunal must include supporting justification for any changes being sought. Link to Corporate Plan: 1.1 (b) Manage and govern the organisation according to our stated values, ensuring

principles of good governance are applied to achieve the best value outcome for the community.


25 September 2014

25

Consultation: The Tribunal is providing Councils with the opportunity to raise matters for consideration by it in making its annual determination. Legal Implications (Statutory basis, legal risks): Nil

Policy Implications: Nil Risk Implications (Corporate, Operational, Project risks): CCR0000817 Loss of public confidence and credibility in Councillors, staff and the organisation. Financial & Resource Implications: Nil - suitable budget provision will be made for any determinations to apply from 1 July 2015. Report prepared by:

Terry Brennan - Chief Executive Officer Report created date: 10 September 2014


25 September 2014

26


25 September 2014

27

5. WORKS

Nil


25 September 2014

28

6. COMMUNITY

6.1 QUOTATION Q.1415-005 - PURCHASE & REMOVAL OF DEMOUNTABLE BUILDINGS - BRYANT STREET TULLY

Author & Officer's Title: Vince O’Brien - Manager Recreation & Community Facilities


Executive Summary:

Quotations were called for the above project and closed on the 25 August 2014 at 3:00pm. The project involved the purchase, removal and restoration of the site for the three (3) demountables located between the Library and Civic Centre in Bryant Street, Tully; four (4) Quotations were received, showing a cash payment fee to Council and the removal and restoration of site cost to be borne by the Quoter:

Company Amount

Townsville Demolitions $6000.00

Transportable Lifestyles - Majors Creek $25000.00

Ronald Salmon - Wulguru $20000.00

Arkley Holdings Pty Ltd - Cairns $14650.23

Recommendation:

"That Council accept the Quotation of Transportable Lifestyles - Majors Creek ($25,000.00 plus GST) for the purchase and removal of the demountables at Bryant Street, Tully (Quotation Q.1415-005)."

Background: Following Cyclone Yasi, the three (3) demountables being offered for sale by Council were placed between the Tully Library and Tully Civic Centre by the Queensland Government for use as post cyclone offices for the State Government, Council and Insurance companies. In in more recent times they have been used by Council Staff for meetings and as office space while the Civic Centre was refurbished. Some twelve (12) months ago the State Government transferred ownership of the buildings to Council. As Council has no further use for the demountables, it resolved to offer them for sale. Although the buildings are worth more than Council will receive from their sale it is in Council's interests to dispose of them as Council has no real use for them and they will require some maintenance in the near future. Once the demountables are removed, the area will be returfed by the successful contractor as per a condition of the quotation and revert back to public space. Link to Corporate Plan: 1.3 Responsible Financial Management c) Maximise funding from external sources and commercial streams to reduce dependence

on rate income.


25 September 2014

29

Consultation: Internal: Director and CEO External: Public Enquiries Legal Implications (Statutory basis, legal risks): Nil Policy Implications: Nil Risk Implications (Corporate, Operational, Project risks): Rectification of site to ensure safety is maintained. Financial & Resource Implications: Increase in Council Revenue by $25000-00 Report prepared by:

Vince O’Brien - Manager Recreation & Community Facilities Report authorised by: Margaret Darveniza - Director, Community Services Report created date: 15 September 2014


25 September 2014

30

6.2 INSTRUMENTS OF DELEGATION UNDER THE HOUSING ACT 2003 (HOA), RESIDENTIAL TENANCIES AND ROOMING ACCOMMODATION ACT 2008 (RTRA), RESIDENTIAL TENANCIES AND ROOMING ACCOMMODATION REGULATION 2009 (RTRR)

Author & Officer's Title: Pauline Van der Linde - Coordinator Housing


Executive Summary:

As per the Local Government Act 2009, Section 257, Council is required to implement delegations from Council to the Chief Executive Officer when amendments have been made to a particular Act or powers under an existing Act are required. Recommendation:

“That under Section 257 of the Local Government Act 2009, Council resolve to:

Delegate the exercise of powers of the Instruments of Delegation to the Chief Executive Officer contained in: a) The Housing Act 2003 (HOA) b) Residential Tenancies and Rooming Accommodation Act 2008 (RTRA) c) Residential Tenancies and Rooming Accommodation Regulation

2009(RTRR) These powers must be exercised subject to any limitations as stated in the Instrument of Delegation 'Limitations and conditions to the Exercise of Power'."

Background: The purpose of this report is to seek Council approval to delegate certain powers under the Housing Act 2003 (HOA), Residential Tenancies and Rooming Accommodation Act 2008 (RTRA) and the Residential Tenancies and Rooming Accommodation Regulation 2009 (RTRR). Council can delegate under Section 257 of the Local Government Act 2009 directly to the CEO, but they cannot delegate directly to any other Local Government employee. Once a power is delegated to the CEO, it is then a matter for the CEO to exercise the power, under Section 257 of the Local Government Act 2009, to further delegate powers to other Council officers. Council may also delegate a power to the CEO and direct that the power not be further delegated by the CEO. In order for Council to comply with Council's delegations under the Local Government Act 2009, it is recommended that Council delegate its powers under the Housing Act 2003 (HOA), Residential Tenancies and Rooming Accommodation Act 2008 (RTRA) and the Residential Tenancies and Rooming Accommodation Regulation 2009 (RTRR) to the Chief Executive Officer. The delegations requested under the Local Government Act 2009 will enable a much quicker and efficient undertaking of certain Council functions. Council can repeal its delegation to the CEO at any time.


25 September 2014

31

Link to Corporate Plan: 1.1 Strong Governance and Risk Awareness d) Ensure the administration of the region is governed through open and transparent

decision-making and reporting processes. Consultation: MacDonnell's Law Legal Implications (Statutory basis, legal risks): Delegations under legislation are required to facilitate effective outcomes particularly in relation to issues requiring investigation by Council officers. Some of these issues have the potential to result in future Court action. Court action can be voided by a technicality from an early stage if it is found that the Authorised Officers responsible for handling a Court action have not had their powers delegated appropriately according to the appropriate legislation. Policy Implications: Nil Risk Implications (Corporate, Operational, Project risks): Nil Financial & Resource Implications: Nil Report prepared by:

Pauline Van der Linde - Coordinator Housing Report authorised by: Margaret Darveniza - Director, Community Services Report created date: 3 September 2014


25 September 2014

32


25 September 2014

33


25 September 2014

34


25 September 2014

35


25 September 2014

36


25 September 2014

37


25 September 2014

38


25 September 2014

39


25 September 2014

40


25 September 2014

41


25 September 2014

42


25 September 2014

43


25 September 2014

44


25 September 2014

45


25 September 2014

46


25 September 2014

47


25 September 2014

48


25 September 2014

49


25 September 2014

50


25 September 2014

51


25 September 2014

52


25 September 2014

53


25 September 2014

54


25 September 2014

55


25 September 2014

56


25 September 2014

57

6.3 REGIONAL ARTS DEVELOPMENT FUND (RADF) - AUGUST 2014 FUNDING ROUNDS

Author & Officer's Title: Kathryn Barnett – Cultural & Recreation Development Officer


Executive Summary:

This report summarises the recommendations of the Regional Arts Development Fund (RADF) Committee for the August 2014 Funding Round for Council ratification and recommends five (5) applications with a total value of $18,278.00 Recommendation:

“That Council: 1. Approve the expenditure of $18,278.00 for the five (5) recommended RADF

applications for the August 2014 funding round as follows:

Ukes on a Mission $2,480.00

Mission Beach Tourism Inc. $3,867.00

Feast of the Senses Inc. $5,030.00

Mission Arts $776.00

Friends of Ninney Rise Inc. $6,125.00

Background: What is the Regional Arts Development Fund (RADF) Program? The RADF Program, established in 1991, is a highly successful State and Local Government partnership that supports professional artists and arts practitioners living in regional Queensland. The Program focuses on the development of quality art and arts practice for, and with, regional communities. The RADF Program's key stakeholders are the Queensland Government's Department of Education, Training and the Arts, through Arts Queensland and the local Councils that participate in the program. These stakeholders support arts and cultural development, RADF Committees, regional and remote communities and their arts and cultural workers. How does RADF operate? Arts Queensland manages the RADF Program by means of an annual budget for allocations to individual Councils and infrastructure support for local Councils in their administration of the Program. Each Council has a nominated RADF Liaison Officer and a RADF Committee that is culturally and geographically representative of the community.


25 September 2014

58

Councils bid annually to Arts Queensland for an allocation of funds. The RADF Liaison Officer and the RADF Committee prepare a funding bid to Arts Queensland based on their consultation with the community. Arts Queensland and individual local Councils contribute funds to support the local RADF grant program. Council's level of funding is determined by a ratio based on the population of the region. In the 2014-15 year Cassowary Coast Regional Council's (CCRC) contribution is $30,833 while Arts Queensland is providing is $44,166 totalling $74,999. The RADF Committee assesses individual RADF applications against their Council's Corporate Plan, Arts and Cultural Policy and Arts Queensland's RADF Guidelines and recommends applicants for funding. The RADF Liaison Officer presents the recommendations to Council for ratification. The RADF Guidelines suggest that Council can only overturn recommendations made by the Committee if the application is ineligible under the Guidelines, or interferes with Council initiatives that are already in progress. In essence the role of the Local Committee is to analyse each application and assess each individually against the funding criteria while the role of Council is to confirm that the program is in line with RADF guidelines, Council’s Cultural Policy and Corporate Plan. What are the eligibility requirements? The following categories of individuals and organisations can apply for a RADF grant:

Individual professional artists, artsworkers, cultural workers or project coordinators who:

o are based in the local Council area, or if based outside the local Council area are

able to demonstrate how the project will directly benefit arts and culture in the local Council area

o are permanent residents or Australian citizens

o have an Australian Business Number (ABN).

Incorporated cultural organisations based in the local Council area, or those based outside the local Council area that are able to demonstrate how the project will directly benefit arts and culture in the local Council area.

Unincorporated organisations, auspiced by an incorporated body, that are based in the local Council area, or those based outside the local Council area that are able to demonstrate how the project will directly benefit arts and culture in the local Council area.


25 September 2014

59

How are applications assessed? When assessing applications for RADF grants, Committees are required to use the assessment tools provided in the support materials that accompany these Guidelines. A concise rationale for funding decisions should be recorded as part of the Minutes, so that applications can be provided with feedback on their applications. Funding recommendations should be based on:

the six RADF Principles

the eight RADF funding categories

eligibility criteria

the Council's Arts and Cultural Policy (if in place)

the Council's Corporate Plan

the available budget. When recommending funding amounts, it is important that:

applications should be judged on merit

the full amount being requested should be supported unless there are clear reasons for reducing funding requests

not all available funds need to be allocated in a financial year if the quality of applications does not warrant support.

Cassowary Coast RADF Committee The RADF Committee appointed for 2014-2016 comprises:

Marcelle McKenna Chair Cate Richmond Vice Chair Ross Crear Paul Thomson Laurie Trott Cr Glenn Raleigh

Decisions are made by majority vote. The CCRC RADF Liaison Officer cannot vote however, gives direction to the RADF Committee regarding applications meeting eligibility and criteria.


25 September 2014

60

The August 2014 Funding Round The August 2014 Funding Round attracted six (6) applications. Funding sought and supported by the Committee totalled $18,278.00. RADF funding is based on the premise of a “contribution” with the total value of projects in this first round being $35,688.00. Assessments are made, based on community benefit and the degree to which the application satisfied RADF guidelines (see attached Assessment Criteria sample). The projects are summarised below.

Applicant 1 – Ukes on a Mission

Purpose: The grant will be used towards the cost of bringing Paul Jonson, Ukulele master to hold a series of workshops and performances at Mission Beach.

Total Project Cost: $4,800.00 Grant Requested: $2,480.00 Approved: $2,480.00

Applicant 2 – Mission Beach Tourism Inc.

Purpose: The grant will be used towards the cost of a design project which will link a visual copy 'Tails & Trails' map to a QR digital code that expands to stories celebrating historical local places, people and events of the Mission Beach region.


Applicant 3 – Feast of the Senses Inc.

Purpose: The grant will be used towards the cost of bringing international professional 3D chalk artist 'Rudy Kistler' to facilitate for the Feast of the Senses Market Day Extravaganza, an interactive ephemeral public art performance consisting of chalk art pavement image and facilitation of a youth chalk art workshop.


Applicant 4 – Mission Arts

Purpose: The grant will be used towards the cost of a presentation and workshop with Latvian ceramic artist Imants Klidzets.

Total Project Cost: $1,376.00 Grant Requested: $776.00 Approved: $776.00

Applicant 5 – Friends of Ninney Rise Inc.

Purpose: The grant will be used towards the cost of producing the history of 'Ninney Rise' in multi media forms: a video, USB sticks, DVD's print ready for download and a presentation kit including the QR Tales and Trails Map.


Applicant 6 – The Greek Orthodox Community of Innisfail and Far North Queensland

Purpose: The grant will be used towards the cost of engaging a professional photographer to facilitate a photographic skills workshop to assist exhibition of photographs depicting Greek culture and descendants living in the community.

Total Project Cost: $6,890.00 Grant Requested: $3,350.00 Approved: NIL

Reason for request denied Application did not fully meet the Assessment Criteria.


25 September 2014

61

Link to Corporate Plan: 3.4 Valuing a Knowledge-Based and Informed Future

b) Foster partnerships, facilitate programs and provide support to community ventures which recognise and promote cultural heritage and the arts through the region.

Consultation: The above recommendations were outcomes from the meeting held by the 2014-2016 Cassowary Coast Regional Council RADF Committee in Bingil Bay on 15 September 2014. Legal Implications (Statutory basis, legal risks): Each year Arts Queensland (AQ) and participating local Councils, through a contractual agreement, contribute funds to form an annual budget for distribution to their local communities. The Funding Agreement outlines each partner’s contribution and agreed responsibilities in administration and management of the RADF Program and is legally binding. On ratification of the RADF Committee's recommendations, the Cassowary Coast Regional Council RADF surplus for 2013-2014 will be a total of $4,461.48. Policy Implications: Regional Arts Development Fund Guidelines Risk Implications (Corporate, Operational, Project risks): Managed within the RADF Program Financial & Resource Implications: The 2014-2015 RADF Program financial year budget is $84,800.00 including roll-over of surplus funds and tied grant funding. The current balance is $79,460.00. Approval of the five (5) recommended applications for Round One ($18,278.00) will leave a balance of $61,182.00. Report prepared by:

Kathryn Barnett – Cultural & Recreation Development Officer Report authorised by: Margaret Darveniza - Director, Community Services Report created date: 16 August 2014


25 September 2014

62


25 September 2014

63

7. PLANNING & ENVIRONMENT

7.1 SUBMISSION ON THE PLANNING AND DEVELOPMENT BILL 2014

Author & Officer's Title: Aletta Nugent


Attachment 1 - Submission on the Planning and Development Bill 2014

Executive Summary:

The State Government has released the Planning and Development Bill (PD Bill) for public consultation. Submissions in relation to the P&D Bill are due by 26 September 2014.

The State Government is seeking to create the best planning system in Australia and in doing so, intend to repeal the Sustainable Planning Act 2009 and fundamentally overhaul the land use planning and development assessment system by introducing new planning legislation.

Council officers have reviewed the PD Bill. It is difficult to get a true sense of how the new planning system will work under the new Act without the decision rules, regulations and statutory guidelines which are yet to be released. These documents contain the majority of the operational provisions of the new regime, and without them it is difficult to provide any comprehensive response.

Recommendation:

“That Council make the submission in Attachment 1 of this report in relation to the Planning and Development Bill 2014".

Background:

The State Government has released the Planning and Development Bill (PD Bill) for public consultation. Submissions in relation to the P&D Bill are due by 26 September 2014.

The State Government states that it is seeking to create the best planning system in Australia. To achieve this goal, the State intends to repeal the Sustainable Planning Act 2009 and fundamentally overhaul the land use planning and development assessment system by introducing new planning legislation.

Some of the features of this new legislative regime are as follows:

Removal of the detail and process oriented aspects of the legislation to the decision rules, regulations and statutory guidelines.

Changing of the structure of the legislation.


25 September 2014

64

Removal of the provisions regarding the establishment and operation of the Planning and Environment Court into separate, stand alone legislation.

Changes to the assessment levels for development.

In relation to the changes to the assessment levels for development, exempt development, self-assessment, code assessment and impact assessment have been replaced with accepted development, standard assessment and merit assessment. Public notification has been "de-linked" from the assessment level assigned to a development, so merit assessable development is not automatically subject to public notification unless this is prescribed in a regulation or planning scheme.

The PD Bill includes transitional provisions which provide for the continuation of existing planning schemes, with the assessment levels applying as follows:

Exempt development and self-assessable development where the self-assessable criteria are met is accepted development.

Code assessable development and self-assessable development where the self-

assessable criteria are not met is standard assessable development. Impact assessable development is merit assessable development subject to public

notification.

The transitional provisions allow for the finalisation of the draft Cassowary Coast Regional Council Planning Scheme, if it has not already been finalised at the time the new Act takes effect, in accordance with current legislation and guidelines.

Council officers have reviewed the PD Bill, and have prepared a submission in relation to the PD Bill (see Attachment 1 to this report).

Overall, it is difficult to get a true sense of how the new planning regime will work without the decision rules, regulations and statutory guidelines which are yet to be released. However, there are some key issues that Council officers have identified are as follows:

A new provision has been included to deny compensation for a change to a planning scheme made in response to the risk of natural hazards such as flooding. The provision proposed is not considered suitable, but an alternative provision included in the PD Bill is considered suitable.

There is little to distinguish between standard and merit assessment in terms of what

elements of a planning scheme need to be considered in the PD Bill. The process for merit assessment as established in the PD Bill allows for the

introduction of potentially irrelevant non-planning considerations.


25 September 2014

65

The criteria and process for a variation request is inadequate. The PD Bill requires a local government to give notice to all applicants prior to the

lapsing of their development approvals. The new infrastructure charges and planning regime has been brought across into the

PD Bill unchanged, and there are still concerns associated with the operation of these provisions.

The transitional provisions as they are fail to adequately provide for the transition of

existing planning schemes to the new planning regime, and in particular do not deal with the mandatory assessment rules in the Queensland Planning Provisions that have been adopted as part of many new planning schemes.

Therefore, it is recommended that Council make the submission in Attachment 1 to this report.

Link to Corporate Plan:

1.1 Strong Governance and Risk Awareness a) Provide leadership that promotes the interests and views of the community.

5.1 Planning for Liveable Outcomes

a) Develop and implement a new Cassowary Coast Region Planning Scheme that guides the future growth of the region and delivers a balanced sustainable economy while maintaining its exceptional natural environment, culture and heritage preservation and unique tropical lifestyle.

Consultation:

Nil

Legal implications (Statutory basis, legal risks):

The introduction of the proposed reforms will impact on how Council's land use planning activities are undertaken.

At this stage, impacts on the current and draft planning schemes are considered minor, due to the transitional provisions allowing for these planning schemes to continue. However, any irregularities or unintended outcomes that arise as a result of the application of the new assessment levels and decision rules may require action to be taken to at least partially transition any planning schemes utilising any mechanisms that are available.

Policy Implications:

Nil

Risk Implications (Corporate, Operational, Project risks): CCR0000830 - Inappropriate planning decisions (risk level - High). Financial & Resource Implications:

N/A


25 September 2014

66

Report prepared by:

Aletta Nugent - Manager Strategic Planning

Report authorised by:

John Pettigrew - Director, Planning & Environmental Services

Report created date:

17 September 2014


25 September 2014

67


25 September 2014

68


25 September 2014

69


25 September 2014

70


25 September 2014

71


25 September 2014

72


25 September 2014

73


25 September 2014

74

8. CORPORATE

8.1 CORPORATE SERVICES FINANCIAL REPORT AUGUST 2014

Author & Officer's Title: Andrew Page - Manager Finance


Executive Summary:

The purpose of this report is for Council to receive the Financial Report for the period ending 31 August 2014 prepared on 9 September 2014. The Director Corporate Services and Manager Finance will be available at the Council meeting to answer any questions Councillors may have. Recommendation:

“That the report be received and noted.”

Background: The Chief Executive Officer is required by Section 204 (2) of the Local Government Regulation 2012 to present the financial report at a meeting of the Local Government once a month. The financial report must state the progress that has been made in relation to the Local Government's budget for the period of the financial year up to a day as near as practicable to the end of the month before the meeting is held. Link to Corporate Plan: 1.3 Responsible Financial Management

a) Ensure operating surpluses in Council's Annual Budget. b) Manage debt within financial sustainable levels. c) Maximise funding from external sources

Consultation: Nil Legal Implications (Statutory basis, legal risks): Compliance with financial management policies and principles as set down in the Local Government Finance Standards and requirements of the Local Government Act. Policy Implications: Nil Risk Implications (Corporate, Operational, Project risks): CCR0000901 Lack of Resources.


25 September 2014

75

Financial & Resource Implications: Council adopted the 2014/15 Original Budget on 8 July 2014. The attached reports reflect the year to date revenue and expenditure figures across all adopted budget programs, and include various reports on Council's financial operations. Summary information

• Cash position has reduced by $1M to $42.7M • Debtor amount increased by $30M since last month due to rates being levied • Operational expenditure is below budget on a pro-rata basis – currently at 10.22%

against a budget of 16.67%. This is due to depreciation not being run as of yet, with the pro-rata of budget depreciation included in the total operating expenditure, the percentage is 15.4%, slightly lower than budget forecasts.

• Expenditure on salary and wages is slightly high on a pro-rata basis. Report prepared by:

Andrew Page - Manager Finance Report authorised by: Peter Cochrane - Director, Corporate Services Report created date: 16 September 2014


25 September 2014

76


25 September 2014

77


25 September 2014

78


25 September 2014

79


25 September 2014

80


25 September 2014

81


25 September 2014

82


25 September 2014

83


25 September 2014

84


25 September 2014

85


25 September 2014

86


25 September 2014

87


25 September 2014

88


25 September 2014

89


25 September 2014

90


25 September 2014

91


25 September 2014

92


25 September 2014

93


25 September 2014

94


25 September 2014

95


25 September 2014

96


25 September 2014

97


25 September 2014

98


25 September 2014

99


25 September 2014

100


25 September 2014

101


25 September 2014

102


25 September 2014

103


25 September 2014

104


25 September 2014

105


25 September 2014

106

9. NOTICE OF MOTION

Nil

10. GENERAL BUSINESS

Nil

11. CONFIDENTIAL

11.1 LAND ACQUISITION - NYLETA WATER RESERVOIR

Reason for Confidentiality

This report is CONFIDENTIAL in accordance with Section 275(1)(e, f and h) of the Local Government Regulation 2012, which permits the meeting to be closed to the public for business relating to the following:

(e) contracts proposed to be made by it

(f) starting or defending legal proceedings involving it

(h) other business for which a public discussion would be likely to prejudice the interests of the local government or someone else, or enable a person to gain a financial advantage

11.2 OUTSTANDING RATES AND CHARGES - LEGAL ACTION

Reason for Confidentiality

This report is CONFIDENTIAL in accordance with Section 275(1)(f) of the Local Government Regulation 2012, which permits the meeting to be closed to the public for business relating to the following:

(f) starting or defending legal proceedings involving it

local government meeting · 9/25/2014 · 2014. a summary of submissions received will usually be...

Documents