Description: Maranoa Logo Process

 

BUSINESS PAPER

 

General Meeting

 

Wednesday 26 October 2011

 

Yuleba Administration Centre

 

NOTICE OF MEETING

 

Date: 20 October 2011

 

 

Mayor:                                                    Councillor R S Loughnan

 

Deputy Mayor:                                        Councillor T G Hartley

Councillors:                                             Councillor J P Bartels

                                                              Councillor J L Chambers

                                                              Councillor R J Denton

                                                              Councillor W M Newman

                                                              Councillor M L Price

                                                              Councillor W S Wason

                                                              Councillor J S Watson

 

Chief Executive Officer:                            Mr Paul Bawden

 

Senior Management:                                Mr Tony Klein (Director Community Services)

                                                              Mr Matthew McGoldrick (Director Corporate Services)

                                                              Mr Stephen Mow (Acting Director Operations)

                                                              Mr Rob Hayward (Director Planning & Environment)

 

Officers:                                                  Ms Jane Frith (Corporate Communications Officer)

 

Please find attached agenda for the General Meeting to be held at the Yuleba Administration Centre on October 26, 2011 at 9.00AM.

Paul Bawden

Chief Executive Officer

 

 


Maranoa Regional Council

    

General Meeting -  26 October 2011

TABLE OF CONTENTS

Item       Subject

No

1            Welcome

 

2            Present/Apologies

 

3            Confirmation of Minutes

              General  12 October 2011

 

4            Business arising from Minutes

 

5            On the Table  

 

6            Presentations/Petitions and Deputations

 

7            Consideration of notices of business

 

8            Consideration of notices of motion  

 

9            Reception of notices of motion for next meeting

 

Reports

 

10          Executive Services

10.1      2011 Christmas Closure of Administration Centres

Prepared by:      Donald  Wells, Manager Human Resources

 

11          Community Services

11.1      Toowoomba, Golden West & South Burnett Tourism - Board Representation

Prepared by:      Tony Klein, Director of Community Services

Attachment :       TGWSBT call for nominations to Board - 2011/12

 

12          Corporate Services

12.1      Proceeding to Make Local & Subordinate Local Laws

Prepared by:      Debbie Tully, Administration Manager

Attachment 1:     Public Interest Test - Local & Subordinate Law No. 3 - 2011

Attachment 2:     Public Interest Test - Local & Subordinate Law No. 1 - 2011 & various subordinate local laws

Attachment 3:     Public Interest Test - Local & Subordinate Law No. 6 & No. 1.17 - 2011

Attachment 4:     Public Interest Test - Local Law No. 2 2011 & various subordinate local laws.

Attachment 5:     Submission - Commerce Roma - Public Interest Testing of Local & Subordinate Laws

Attachment 6:     Submission - Kirra Laverty - Local & Subordinate Law No 2.

Attachment 7:     Submission - Camille Johnson - Local & Subordinate Law No. 2 - 2011

Attachment 8:     Public Submission - Coomber Bros - Public Interest Testing of Local & Subordinate Laws

 

13          Operations

 

14          Planning & Environment

14.1      Material Change of Use - Undefined Use (Temporary Workers' Camp - 1008 persons in five stages) File No.: C12.422

Prepared by:      Robert Hayward, Director Planning & Environment

Attachment 1:     Body of Report

Attachment 2:     DTMR Concurrence Agency Conditions

14.2      Material Change of Use - Extension to Motel (20 Additional Rooms) and "Undefined Use" (Function Centre) File No.: 2011/17765

Prepared by:      Robert Hayward, Director Planning & Environment

Attachment 1:     Body of Report

Attachment 2:     DTMR Concurrence Agency Conditions

Attachment 3:     Engeny Flood Assessment Report

 

Status Reports

 

15          Executive Services

15.1      Meeting Resolution Report

Prepared by:      Tanya Mansfield, Manager Risk and Facilities

Attachment 1:     Outstanding Resolution Report - Post Info Council

Attachment 2:     Outstanding Resolution Report - Pre Info Council

15.2      Project Performance Report

Prepared by:      Tanya Mansfield, Manager Risk and Facilities

Attachment :       Project Report  

 

16          Community Service

16.1      Monthly Statistical Report

Prepared by:      Edward Sims, Manager Organisational Performance

16.2      Community Development Report

Prepared by:      Tanya Mansfield, Manager Risk and Facilities

Attachment :       Community Development Performance Data

16.3      Social Development Report

Prepared by:      Tanya Mansfield, Manager Risk and Facilities

Attachment :       Social Development Report

 

17          Corporate Services

17.1      Corporate Governance Report

Prepared by:      Tanya Mansfield, Manager Risk and Facilities

Attachment :       Corporate Governance Report

 

18          Operations

 

19          Planning & Environment

19.1      Planning, Building and Environment Report

Prepared by:      Tanya Mansfield, Manager Risk and Facilities

Attachment :       Building, Planning and Environment September 2011

 

Next General Meeting

 

 

Confidential Items

 

In accordance with the provisions of section 72 of the Local Government (Operations) Regulation 2010, a local government may resolve to close a meeting to the public and move ‘into Committee’ to discuss confidential items that it’s Councillors or members consider it necessary to close the meeting.

 

20          Confidential Items

20.1      Business Activities Report

              Classification:         Closed Access

Local Government (Operations) Regulation 2010 Section 72(c) the local government budget.

20.2      Request for approval to Call for Expressions of Interest for Sale of Land

              Classification:         Closed Access

Local Government (Operations) Regulation 2010 Section 72(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.

20.3      Framework to Address Regional Housing Issues

              Classification:         Closed Access

Local Government (Operations) Regulation 2010 Section 72(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.

 

Councillor Business

 

21          Councillor Business

 

 

Closure

 


Minutes of the General Meeting of maranoa Regional Council held at Roma Administration Centre on 12 October 2011 commencing at 9.00AM

 

ATTENDANCE

 

Mayor Cr. R S Loughnan chaired the meeting with, Deputy Mayor Cr. T G Hartley, Cr. J P Bartels, Cr. J L Chambers, Cr. R J Denton, Cr. W M Newman, Cr. M L Price, Cr. W S Wason, Cr. J S Watson,  Chief Executive Officer – Paul Bawden, Director Community Services – Tony Klein, Director Corporate Services – Matthew McGoldrick, Director Planning & Environment – Rob Hayward, Director Operations – Barry Omundson, Corporate Communications Officer – Jane Frith, and Kelly Rogers Minutes Officer in attendance.

 

GUESTS

 

Ben Hughes representing Surat Basin LIFE.

 

WELCOME

 

The Mayor welcomed all present and declared the meeting open at 9.10AM.

 

APOLOGIES   

 

There were no apologies for the meeting.

 

Confirmation of Minutes

 

Resolution No. GM.351.11

Moved Cr Newman                                                       Seconded Cr Hartley  

 

That the minutes of the General Meeting (17-28.09.11) held on 28 September 2011 be confirmed.

 

CARRIED                                                                                                                      9/0

 

 

Business Arising FROM MiNUTES

 

There was no business arising from the minutes.

 

On the Table

 

Item Number:                                   5.1

File Number: D11/27332

Subject Heading:                          Application for Assessable Building Works -   Relaxation of Residential Outbuilding            Maximum Size (File No.:2011/17829)

Location:                                          367 Dargal Road, Roma (Lot 7 on SP194563)

Applicant:                                         GB Building & Concrete Constructions

Author and Officer’s Title:                Danielle Pearn, Planning & Development Officer

 

Executive Summary: 

GB Building & Concrete Constructions, on behalf of Andrew & Anita Crawford, seek approval for a relaxation of the residential outbuilding maximum size.

 

 

 

Resolution No. GM.352.11

Moved Cr Wason                                                          Seconded Cr Denton  

 

That Council approves the application;

 

And,

 

That Council further clarify reasons for approval and conditions of approval at a later point during the meeting.

 

CARRIED                                                                                                                      7/2

 

 Delegated Officer

Planning & Development Officer

  

 

Presentations/Petitions and Deputations

 

Ben Hughes representing Surat Basin LIFE.

 

Consideration of notices of business

 

There were no notices of business for consideration.

 

Consideration of notices of motion

 

There were no notices of motion for consideration.

 

Reception of notices of motion for next meeting

 

No notices of motion were received for the next meeting.

 

Business

 

Community Services

 

Item Number:                                   11.1

File Number: D11/28949

Subject Heading:                          Wallumbilla Outpatients Clinic Upgrade -         Health & Hospitals Fund

Location:                                          Wallumbilla

Author and Officer’s Title:                Tony Klein, Director of Community Services

 

Executive Summary: 

Council delivers a range of community aged care services from the Wallumbilla Outpatients Clinic (Hospital) in conjunction with the South West Health Service (SWHS) which delivers outpatient health services.  The existing building requires significant renovation and expansion to meet contemporary standards for the delivery of health and aged care services.  A Federal Government program known as the Health & Hospitals Fund (HHF) provides potential to fund this refurbishment and extension work.  Advice received from the South West Health Service indicates that the chances of a successful funding application under the HHF may be enhanced if Council applies for the funding rather than the South West Health Service.

 

 

Resolution No. GM.353.11

Moved Cr Denton                                                          Seconded Cr Price  

That Council endorse the development and submission of a funding application under the Health & Hospitals Fund program to renovate and expand the Wallumbilla Outpatients Clinic.

 

CARRIED                                                                                                                      9/0

 

Delegated Officer

Director of Community Services

 

 

Item Number:                                   11.2

File Number: D11/29077

Subject Heading:                          Community Survey - Future Direction for            Mitchell Aged Care

Location:                                          Mitchell

Author and Officer’s Title:                Tony Klein, Director of Community Services

 

Executive Summary: 

Council has recently undertaken a sample community phone survey to ascertain the level of community support for Council to fully fund the Mitchell Multi Purpose Health Service project.  The survey report has been completed and was reviewed at a public Council workshop conducted on 28 September 2011.

 

Discussion:

Council discussed the matter at length, with agreement gained that the matter be deferred for further discussion at a later point during the meeting.  As a result no vote was taken on the motion. 

 

 

Moved Cr Wason                                                          Seconded Cr Price  

 

  1. That Council receives and notes the outcomes of the Mitchell Aged Care Future Funding Survey Report.

 

  1. That Council Officers enter into discussions and negotiations with Queensland Health and the Department of Health & Ageing to expedite and secure approval for the Multi Purpose Health Service project.

 

  1. That subject to a successful outcome of actions in Recommendation 2, Council endorses the expenditure of an additional $1.477M along with its 2011/12 budget commitment of $1.25M to develop the Multi Purpose Health Service project at the Mitchell Hospital grounds to provide a ten-bed aged care facility.

 

  1. That in acknowledging the Maranoa Retirement Village Auxiliary Sub-Committee’s preference for an aged care solution in Mitchell is the development of the Multi Purpose Health Service project, officers undertake an assessment of the group’s ‘Future Operation of the Maranoa Retirement Village’ submission and seek to provide a report to Council as soon as practical regarding the future operation of the Maranoa Retirement Village.

 

  1. That subject to endorsement of Recommendations 2 and 3, Council defer the potential closure date of the Maranoa Retirement Village (currently as soon as possible after 31 October 2011) and review the matter at its first meeting of 2012 or at any time earlier should decisions be made on the Multi Purpose Health Service project by Queensland Health and the Department of Health &  Ageing.

 

  1. That Council identify the additional funding of $1.477M as part of the 2012/13 Budget.

 

NO VOTE TAKEN                                                                                                   

 

 

 

Item Number:                                   11.3

File Number: D11/29140

Subject Heading:                          Approval of the 3rd Santos Acquisitive             Sculpture Award design by Lucy McEachern         as selected by the Roma on Bungil Gallery       Committee

Location:                                          Roma

Author and Officer’s Title:                Rebecca Girle, Regional Arts & Culture Coordinator

 

Executive Summary: 

The 2011 Santos Acquisitive Sculpture Award winner has been selected by the Roma on Bungil Gallery Committee as Lucy McEachern for her bronze sculpture titled ‘Australian Pelican’ to be located outside the Roma Community Arts Centre.

 

 

Resolution No. GM.354.11

Moved Cr Newman                                                       Seconded Cr Watson  

That Council approves the selected winning sculpture by Lucy McEachern.

 

CARRIED                                                                                                                      9/0

 

Delegated Officer

Regional Arts & Culture Coordinator

 

 

Subject Heading:          suspension of standing orders

Council adjourned the meeting for morning tea at 10.11am

 

Subject Heading:          resumption of standing orders

Council returned from morning tea at 10.44am

 

Presentation

 

Ben Hughes, representing Surat Basin LIFE provided Council a quick analysis of the regions’ workforce dynamic and discussed the working model and website initiated by Surat Basin LIFE.

Council’s support was requested in the distribution of advertising and marketing material.


Corporate Services

 

Item Number:                                   12.1

File Number: D11/29137

Subject Heading:                          Interest in Purchasing Council Land in   Mitchell

Location:                                          Lots 2 & 3 on RP94494 - Alice Street Mitchell

Applicant:                                         Maranoa Real Estate

Author and Officer’s Title:                Tanya Mansfield, Manager Performance and Planning

 

Executive Summary: 

Maranoa Real Estate has contacted Council on behalf of a third party to express interest in purchasing Lots 2 & 3 on RP94494 located in Alice Street Mitchell in the vicinity of the Mitchell Showgrounds. Council’s direction is sought as to the disposal of this land. If sold the land would be subject to normal building and planning requirements.

 

Resolution No. GM.355.11

Moved Cr Watson                                                         Seconded Cr Hartley  

That Council offer for sale by tender Lots 2 and 3 on RP94494 located in Alice Street Mitchell.

 

CARRIED                                                                                                                      9/0

 

Delegated Officer

Manager Performance and Planning

 

Operations

 

Item Number:                                   13.1

File Number: D11/28267

Subject Heading:                          Roma Saleyards - Fees and Charges

Author and Officer’s Title:                Ken Palmer, Acting Operations Manager

 

Executive Summary: 

This report addresses a number of changes required to the fees and charges for the Roma Saleyards.

 

Resolution No. GM.356.11

Moved Cr Wason                                                          Seconded Cr Hartley  

That Council adopts the revised fees and charges as listed below  for the Roma Saleyards:-

 

 

CARRIED                                                                                                                      9/0

 

Delegated Officer

Acting Operations Manager

 

 

Planning & Environment

 

Item Number:                                   14.1

File Number: D11/28574

Subject Heading:                          Waiving of Building Fees
                                                         The Be Healthy Maranoa, Endeavour         Foundation, Roma Community Garden

Location:                                          Roma Community Garden, Bowen Street, Roma

Applicant:                                         Roma Community Garden - Kathy Morrow

Author and Officer’s Title:                Neil Heyer, Planning & Development Assessment Officer

 

Executive Summary: 

The Roma Community Garden Committee is proposing to construct a “roofed covered raised deck area” adjacent to an existing building, to enhance future use of the facility..

 

The organisation is requesting that Council waiver or reduce the application fee prescribed for such work, Roma Community Garden are a not-for-profit organisation.

 

Resolution No. GM.357.11

Moved Cr Denton                                                          Seconded Cr Price  

That Council approves the requested waiver all application fees prescribed for the approval of the proposed works.

 

CARRIED                                                                                                                      9/0

 

Delegated Officer

Planning & Development Assessment Officer

 

 

Item Number:                                   14.2

File Number: D11/29108

Subject Heading:                          Application for Material Change of Use - Home            Based Business (Office & Consultation Room)            File No: 2011/17826

Location:                                          153-157 Edwardes Street, Roma (Lots 1 & 2 on RP42701)

Applicant:                                         Susan Anne Barford

Author and Officer’s Title:                Danielle Pearn, Planning & Development Officer

 

Executive Summary: 

The applicant seeks Council approval for a Material Change of Use to operate a Home-based business at 153-157 Edwardes Street, Roma.

 

Resolution No. GM.358.11

Moved Cr Watson                                                         Seconded Cr Newman  

That Council approves the  application for Material Change of Use (Home-based business) at 153 & 157 Edwardes Street, Roma (Lots 1 & 2 on RP42701) subject to the following conditions:

 

Complete and Maintain

1.    Complete and maintain the approved development as follows: (i) generally in accordance with development approval documents and (ii) strictly in accordance with those parts of the approved development which have been specified in detail by the Council unless the Council agrees in writing that those parts will be adequately complied with by amended specifications.

 

2.    Maintain the approved development being Material Change of Use – “Home-based business” (office and consultation room) generally in accordance with the approved site plan and floor plan.

 

Use

3.    The proposed use of premises for a home based business (office and consultation room) shall be undertaken by the landowner or another person residing at the premises who is the proprietor of the business.

 

4.    In addition to the proprietor of the business, there is to be no more than one employee engaged in the business activities.

 

5.    All development approval conditions related to the establishment of the approved development must be fulfilled prior to any approved use commencing.

 

6.    The development is limited to a total floor area of 24 square metres for the part of the residential premises used in the operation of the business (excluding site parking).

 

7.    All operations of the activity are to occur between the hours of 8.00am and 5.00pm weekdays and 8.00am and 12.00pm Saturdays.

 

8.    No goods are to be displayed for sale in any window or outdoor area.

 

Rubbish Collection

9.    At all times while the use continues, waste containers shall be maintained in a clean and tidy state and shall be emptied and the waste removed from the site on a regular basis.

 

10.   All bins shall be shielded from the view of travelling public and neighbours.

 

Car parking, Access & Manoeuvring

11.   Four onsite car parking spaces are to be provided in accordance with the approved site plan.

 

12.   All client parking must be onsite.  No client parking is permitted on the Edwardes Street frontage.

 

13.   Vehicle manoeuvring areas must be maintained on-site to ensure that all vehicles can enter and leave the site in a forward direction.

 

14.   Any delivery motor vehicles visiting the premises shall be no more than four tonnes in weight.

 

Landscaping

15.   Existing landscaped areas are to be maintained.

 

Avoiding Nuisance

16.   Lighting of the site, including any security lighting, shall be such that the lighting intensity does not exceed 8.0 lux at a distance of 1.5 metres from the site at any property boundary.

 

17.   All lighting shall be directed or shielded so as to ensure that no glare directly affects nearby properties.

 

18.   Any air-conditioning, generator, refrigeration, pump, exhaust, fans, or other equipment must be acoustically screened to ensure noise levels do not exceed 5dB  above the background noise level.

 

19.   Noise emissions from premises are not to cause environmental harm or nuisance to adjoining properties or sensitive land uses. The applicant shall be aware of cumulative effects of noise levels on the receiving environment and implement appropriate procedures to reduce noise levels from activities.

 

20.   Extension telephone bells, hooters, public address systems and the like must not be used.

 

21.   The area and its surrounds shall be kept in an orderly fashion, free of rubbish and clear of weeds and long grasses.  The approved development and the premises are to be maintained in a clean and tidy condition and not to pose any health and safety risks to the community.

 

Advertising Signage

22.   This approval permits a single advertising sign associated with the business.  The sign must not exceed 0.5 square metres and may display the name of the business operator, name of the business and the phone number only.  The sign is to be located onsite at a height no greater than 1.5 metres measured to the bottom of the sign, and is not to be illuminated.

 

No Cost to Council

23.   The developer is responsible for meeting all costs associated with the approved development unless there is specific agreement by other parties, including the Council, to meeting those costs.

 

CARRIED                                                                                                                      9/0

 

Delegated Officer

Planning & Development Officer

 

Subject Heading:                          Community Survey - Future Direction for            Mitchell Aged Care

Location:                                          Mitchell

Author and Officer’s Title:                Tony Klein, Director of Community Services

 

Discussion:

Council continued debate on the future of aged care in Mitchell.  Earlier during the meeting a motion  was put forward, moved and seconded, however no vote was taken at that time.  An amendment to the motion was put and then voted upon as specified below. 

 

Resolution No. GM.359.11

Moved Cr Wason                                                          Seconded Cr Price

  1. That Council receives and notes the outcomes of the Mitchell Aged Care Future Funding Survey Report.

 

  1. That Council Officers enter into discussions and negotiations with Queensland Health and the Department of Health & Ageing to expedite and secure approval for the Multi Purpose Health Service project and continue to operate the Maranoa Retirement Village whilst these negotiations are being undertaken.

 

  1. That subject to a successful outcome of actions in Recommendation 2, Council endorses the expenditure of an additional $1.477M along with its 2011/12 budget commitment of $1.25M  to develop the Multi Purpose Health Service project at the Mitchell Hospital grounds to provide a ten-bed aged care facility and continue to operate the Maranoa Retirement Village until the Multi-Purpose health service project is completed.

 

  1. That in acknowledging the Maranoa Retirement Village Auxiliary Sub-Committee’s preference for an aged care solution in Mitchell is the development of the Multi Purpose Health Service project, officers undertake an assessment of the group’s ‘Future Operation of the Maranoa Retirement Village’ submission and seek to provide a report to Council as soon as practical regarding the future operation of the Maranoa Retirement Village.

 

  1. That Council receive an update on the matter at its first meeting of 2012 or at any time earlier should decisions be made on the Multi Purpose Health Service project by Queensland Health and the Department of Health &  Ageing.

 

6.   That Council identify the additional funding of $1.477M as part of the 2012/13 Budget.

 

CARRIED                                                                                                                      9/0

 

Delegated Officer

Director Community Services

 

 

Item Number:                                   14.3

File Number: D11/29129

Subject Heading:                          Development Application for Material Change            of Use - Shopping Centre (Shop and Catering)    File No: C12.389

Location:                                          45 - 47 Hawthorne Street (Lots 1 & 2 on RP66920)

Applicant:                                         B & E Taylor Superannuation Fund

Author and Officer’s Title:                Robert Hayward, Director Planning & Environment

 

Executive Summary: 

This application seeks to carry out a Material Change of Use – “Shopping Centre” (Shop and Catering Shop) on land at 45-47 Hawthorne Street, Roma QLD 4455 and described as Lots 1 & 2 on RP66920.  The proposed development will accommodate three commercial tenancies and will provide 27 car parking spaces.

The proposed change is consistent with the Roma Town Planning Scheme including the DEOs and Urban Area Code.

 

Resolution No. GM.360.11

Moved Cr Newman                                                       Seconded Cr Chambers  

That Council approves the application for Material Change of Use – “Shopping Centre” (Shop and Catering Shop) on land at 45-47 Hawthorne Street, Roma and described as Lots 1 & 2  on RP669020, subject to the following conditions:-

 

Complete and Maintain

1.       Complete and maintain the approved development as follows: (i) generally in accordance with development approval documents and (ii) strictly in accordance with those parts of the approved development which have been specified in detail by the Council or Referral Agency unless the Council or Referral Agency agrees in writing that those parts will be adequately complied with by amended specifications.

 

2.       Complete and maintain all operational, building and plumbing and drainage work associated with this development approval, including work required by any of the development approval conditions.

 

3.       Maintain the approved development being Material Change of Use (Shopping Centre) in accordance with the approved plans SK2/1 dated 8 July 2011 and SK2/3 dated 29 June 2011.

 

Stormwater and Drainage

4.       Stormwater must not be allowed to pond on the property being developed during the development process and after development has been completed unless the type and size of ponding has been agreed in writing by the Council or as a specific development approval condition.

 

5.       Any increases in volume, concentration or velocity of stormwater from the property being developed must be channelled to lawful points of discharge or to other storage or dispersal arrangements which must all be agreed in writing by the Council.

 

6.       There must be no increases in any silt loads or contaminants in any overland flow from the property being developed during the development process and after development have been completed.

 

7.       The stormwater disposal system must be designed to include appropriate pollution control devices or methods to ensure no contamination or silting of creeks or other waterways.

 

8.       Soil erosion and sediment is controlled in accordance with Schedule 6: “Standards for Stormwater Drainage”.

 

Erosion Control

9.       If there is a possibility of erosion or silt or other materials being washed off the property being developed during the development process, the developer must document and implement a management plan that prevents this from occurring.

 

10.     During construction, soil erosion and sediment is to be managed in accordance with Schedule 7: “Standards for Construction Activity”.

 

Services Provisions

11.     The site must be provided with a sewer connection to the reticulated sewerage network.

 

12.     The site must be provided with a water connection, up to but excluding a water meter, to the water distribution network.

 

Rubbish Collection

13.     At all times while the use continues, waste containers shall be maintained in a clean and tidy state and shall be emptied and the waste removed from the site on a regular basis.

 

Access, Roads, Landscaping and Lighting

14.     Vehicle manoeuvring areas must be provided on-site so that all vehicles can enter and leave the site in a forward direction.  Manoeuvring areas must be provided in accordance with the approved plans CSK101, CSK102 and CSK103 dated July 2011 and prepared by RMA Engineers.

 

15.     The landowner shall be responsible for construction and maintenance of vehicle crossovers from the road carriageway to the property boundary and for obtaining any approvals that may be required and for complying with the applicable designs and standards.

 

16.     All landscaping, street scaping, vehicular access, parking, roads, bikeways, footpaths, street lighting, parks, street plantings, street furniture and related items must comply with (i) the development approval conditions, (ii) any relevant provisions in the planning scheme for the area, (iii) Council’s standard designs for such work where such designs exist  (iv) Schedule 2: “Standards for Roads, Car Parking, Access and Manoeuvring Areas” (v) any relevant Australian Standard that applies to that type of work and (vi) any alternative specifications that Council has agreed to in writing and which the developer must ensure do not conflict with any requirements imposed by any applicable laws and standards.

 

17.     Provide a total of 27 car parking spaces on the site in accordance with the approved plans.

 

18.     All carparking spaces and driveway areas are to be sealed with an approved impervious surface. Surfacing shall consist of either patterned, reinforced concrete, concrete pavers, segmental clay pavers, asphaltic hotmix or two coat (primerseal/seal) bitumen seal.

 

19.     Mark carparking spaces 25 and 26 as “no access during loading hours”.

 

20.     Services and infrastructure required in connection with the establishment of the approved development must be provided at no cost to Council.

 

21.     Landscaping shall be undertaken in accordance with approved landscaping concept plans.  Submit detailed landscaping plans for approval by the Council.

The landscaping plans must demonstrate methods for shading, paving, screening/buffering landscaping, noise attenuation and streetscape enhancement as needed. Landscaping elements must positively contribute to the overall amenity of the site.

 

22.     Landscaping works to be completed prior to commencement of the approved use.

 

23.     Any damage to roads and infrastructure that is attributable to the progress of works on the site or vehicles associated with the development of the site must be repaired to Council’s satisfaction or the cost of repairs paid to Council.

 

Avoiding Nuisance

24.     Lighting of the site, including any security lighting, shall be such that the lighting intensity does not exceed 8.0 lux at a distance of 1.5 metres from the site at any property boundary.

 

25.     All lighting shall be directed or shielded so as to ensure that no glare directly affects nearby properties.

 

26.     Any air-conditioning, generator, refrigeration, pump, exhaust, fans, processing or other equipment must be acoustically screened to ensure noise levels do not exceed 5dB  above the background noise level.

 

Buildings

27.     All buildings are to comply with the approval documents.

 

Advertising Signs

28.     Any proposed advertising devices shall be subject to a further development application and planning approval unless the advertising devices are in accordance with the exempt or self assessable requirements of the relevant Council planning scheme.

 

No Cost to Council

29.     The developer is responsible for meeting all costs associated with the approved development unless there is specific agreement by other parties, including the Council, to meeting those costs.

 

30.     Any conflicts associated with proposed and existing services shall be forwarded by the developer to the appropriate controlling authority for approval for any proposed changes.

 

31.     All civil and related work shall be designed and supervised by RPEQ Registered Professional Engineers of Queensland (RPEQ) who are competent in the construction of the works.

 

Use

32.     All development approval conditions related to the establishment of the approved development must be fulfilled prior to any approved use commencing.

 

33.     No nuisance is to be caused to adjoining properties and occupiers by the way of noise, odour, smoke, dust, vibration, rubbish, contaminants, stormwater discharge or siltation at any time. 

 

CARRIED                                                                                                                      9/0

 

Delegated Officer

Director Planning & Environment

  

Subject Heading:                          Application for Assessable Building Works -   Relaxation of Residential Outbuilding            Maximum Size (File No.:2011/17829)

Location:                                          367 Dargal Road, Roma (Lot 7 on SP194563)

Applicant:                                         GB Building & Concrete Constructions

Author and Officer’s Title:                Danielle Pearn, Planning & Development Officer

 

Discussion:

Council further discussed the item, confirming reason/s for approval and specifying conditions of approval.    

 

Resolution No. GM.361.11

Moved Cr Wason                                                          Seconded Cr Denton

 

That Council approves the application as the application  is not out of character with the amenity of the location and is consistent with shed sizes in the vicinity, subject to the following conditions:-

 

  1. A development permit for Building Works must be obtained prior to commencing construction of the outbuilding.

 

  1. The outbuilding shall be sited in accordance with the approved site plan.

 

  1. The outbuilding is not be used as a habitable building or for commercial or industrial business purposes without the prior consent of Council.

 

CARRIED                                                                                                                      7/2

 

Delegated Officer

Planning & Environment Officer

 

Cr. Newman left the Chambers at 11.30AM

Cr. Newman entered the Chambers at 11.35AM

 

The Mayor left the Chambers at 11.38AM

 

 

Subject Heading:          suspension of standing orders

Council adjourned the meeting at 11.38am

 

Subject Heading:          resumption of standing orders

Council resumed the meeting at 11.49am

with Deputy mayor assuming the chair

 

 

Cr. Bartels left the Chambers at 12.00PM

Cr. Bartels entered the Chambers at 12.07PM


 

Status Reports

 

Corporate Services

 

Item Number:                                   17.1

File Number: D11/27706

Subject Heading:                          Financial Sustainability Report for the period            ending 31 August 2011

Author and Officer’s Title:                Karen Searle, Financial Services & Rates Coordinator

Month & Year of Report:                   August 2011

Name of Department:                       Corporate Services

                                                                 

 

Executive Summary: 

The Financial Sustainability Report for the month of August 2011 is presented for Council’s consideration.  Each month, year to date financial statements are prepared in order to monitor actual performance against the latest adopted budget.

 

Discussion:

Cr. Hartley requested clarification of the Executive Services Expenditure HR figure. Reference is found on Page 113 of the agenda.  The CEO in turn provided clarification.

Director Corporate Services provided Council an update of the issue of rating notices, with Council requesting media be issued confirming delay.

 

Resolution No. GM.362.11

Moved Cr Newman                                                       Seconded Cr Wason  

That the Progressive Financial Statements of Account for the month of August 2011 as included in the Financial Sustainability Report be received subject to audit.

 

CARRIED                                                                                                                      8/0

 

Delegated Officer

Financial Services & Rates Coordinator

  

Delegated Officer

Director Corporate Services

 

 

Subject Heading:          suspension of standing orders

Council adjourned the meeting for lunch at 12.16pm

 

Subject Heading:          resumption of standing orders

Council returned from lunch resuming the meeting at 12.55pm

 

Cr. Bartels left the chambers at 12.55pm.

 

CONFIDENTIAL ITEMS

 

In accord with the provisions of section 72 of the Local Government (Operations) Regulation 2010, Council resolved to close the meeting to discuss items it has deemed to be of a confidential nature and specifically pertaining to the following sections:-

          (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;


 

Resolution No. GM.363.11

Moved Cr Watson                                                         Seconded Cr Price

 

That Council close the meeting to the public.

 

CARRIED                                                                                                                      7/0

 

 

Cr. Bartels entered the Chambers at 12.57PM.

The Mayor entered the Chambers and assumed the Chair at 1.11PM.

 

Resolution No. GM.364.11

Moved Cr Chambers                                                     Seconded Cr Denton

 

That Council open the meeting to the public.

 

CARRIED                                                                                                                      9/0

 

 

Item Number:                                   20.1

File Number: D11/27758

Subject Heading:                          Financial Sustainability Report - Debtors and Creditors for the period ended 31 August 2011

Author and Officer’s Title:                Karen Searle, Financial Services & Rates Coordinator

Month & Year of Report:                   August 2011

Name of Department:                       Corporate Services

 

 

Executive Summary: 

The Financial Sustainability Debtor and Creditor Report for the month of August 2011 is presented for Council’s consideration.  Each month, details of major 90 day accounts and payment register is prepared in order to monitor possible financial risks.

 

Resolution No. GM.365.11

Moved Cr Watson                                                         Seconded Cr Hartley  

That the Financial Sustainability Debtor and Creditor Report for the month of August  2011 be received subject to audit.

 

CARRIED                                                                                                                      9/0

 

Delegated Officer

Financial Services & Rates Coordinator

 

Cr. Bartels declared an interest in the following item due to his daughter participating in dance classes with the organisation.

 

Item Number:                                   20.2

File Number: D11/29390

Subject Heading:                          Request to waiver or discount fees        associated with the Hibernian Hall

Applicant:                                         Jodie Noon - Dance West03

Author and Officer’s Title:                Mark McDevitt, Community Development Coordinator -             Roma

 

Executive Summary: 

Undated correspondence has been received from Jodie Noon, principal of Dance West03 requesting Council to review their decision of the General Meeting of Council on 23 February 2011.  Further the applicant wishes Council to consider any reduction in the hire fee to be retrospective from February 2011.

 

At the General Meeting on 23 February 2011, Council considered an application to waive or reduce the hire fees in relation to the use of the Hibernian Hall by Ms Noon’s dance school. The decision of Council at that time was not to waive or reduce the hire fees due to the commercial nature of the Dance West03 business.

 

Resolution No. GM.366.11

Moved Cr Watson                                                         Seconded Cr Chambers  

1.      That Council provide a discount of 20% for the hire of community halls owned by Council when the hirer is a multi –user and has 20 or more paid hire periods in 12 month period.  An amendment to be made Councils Register of Regulatory Fees and Commercial Charges to reflects a multi-user and the 20% discount;

 

2.    That Council does not approve the applicants request for the retrospective waiver of fees or discount in hire charges.

 

CARRIED                                                                                                                      9/0

 

Delegated Officer

Community Development Coordinator - Roma

 

  

CLOSURE

 

There being no further business, the Mayor thanked Council for their attendance and declared the meeting closed at 1.26PM.

                                 

 

These Minutes are to be confirmed at the next General Meeting of Council to be held on 26 October 2011, at Yuleba Administration Centre.

 

 

 

 

...............……….................                                                      ..................................

Mayor.                                                                          Date.

 

 

 

   


Maranoa Regional Council

    

General Meeting -  26 October 2011

Officer Report

Meeting: General  26 October 2011

Date: 5 October 2011

Item Number: 10.1

File Number: D11/29394

 

Subject Heading:                     2011 Christmas Closure of Administration Centres

Classification:                                  Open Access  

Name of Applicant:                        

Location:                                          

Author & Officer’s Title:                 Donald  Wells, Manager Human Resources

 

 

Executive Summary: 

To confirm Christmas closure of Council’s Administration Offices, Libraries, Surat Child Care Centre and the (Roma) Neighbourhood Centre, is in line with approach taken in 2009 and 2010.

 

 

Officer’s Recommendation: 

1.   That Council endorses a Christmas & New Year closure of Council’s Administration Offices, Libraries, Surat Child Care Centre and the (Roma) Neighbourhood Centre, from COB Thursday 22nd December 2011 to Monday 2nd January 2012, inclusive, with a resumption of normal Council functions on Tuesday 3rd of January 2012;

 

2.   That the Chief Executive Officer communicates the Christmas closure to Council employees and rate payers, customers, clients and the general public.

 

 

Body of Report:

For the previous two years Council has resolved to close Maranoa Regional Council’s Administration Offices, (being Operations Depot, Surat, Injune, Mitchell, Yuleba and Roma Administration, all Council’s Libraries, the Surat Child Care Centre and the (Roma) Neighbourhood Centre,) over the period between Christmas and New Year and reopening for Council business on the next work day after January 1st

 

Given past practice, this report proposes Council consider closing Council’s Administration Offices from the close of business (COB) Thursday 22nd December 2011 and re-open for business on Tuesday 3rd January 2012.

 

In 2011, Christmas Day officially falls on Sunday with Boxing Day officially falling on the Monday. The Minister, in accordance with the provisions of the Holidays Act 1983, has substituted the public holiday for Christmas Day to be Tuesday 27th December.  In addition, the Minister, in accordance with the provisions of the Act, has also approved to move the official New Years Day public holiday from Sunday 1st of January to Monday 2nd of January 2012.

 

Given the above the proposed period of closure will therefore consist of three (3) Statutory Holidays and four “closed business” days. The closure period is shown diagrammatically in the below table. Specifically, the closure would cover the Yuleba, Surat, Mitchell, Injune and Roma offices. In addition, all libraries would be closed during the period along with HACC Services and the Neighbourhood Centre.

 

Communication of the closure to Council’s rate payers, customers and general public, as minimum, should be via a Public Notice placed in Western Star.  With a copy of the Public Notice advertising the closure dates displayed at each of Council’s Customer Service Counters. The display of Christmas closure should commence from Wednesday 1st of December 2011.

 

The closure also requires communication to our employees in the sections as mentioned above.

 

 

 

 

 

 

 

 

 

 

 

Sunday

Monday

Tuesday

Wednesday

Thursday

Friday

Saturday

 

 

December 18

December 19

December 20

December 21

December 22

December 23

December 24

 

 

Week-End

COUNCIL

COUNCIL

COUNCIL

COUNCIL

COUNCIL

Week-End

 

 

OPEN

OPEN

OPEN

OPEN

CLOSED

 

 

 

 

 

 

 

 

 

 

 

Sunday

Monday

Tuesday

Wednesday

Thursday

Friday

Saturday

 

 

December 25

December 26

December 27

December 28

December 29

December 30

December 31

 

 

CHRISTMAS

BOXING

PUBLIC

COUNCIL

COUNCIL

COUNCIL

Week-End

 

 

DAY

DAY

HOLIDAY

CLOSED

CLOSED

CLOSED

 

 

 

 

 

 

 

 

 

 

 

Sunday

Monday

Tuesday

Wednesday

Thursday

Friday

Saturday

 

 

January       01

January        02

January        03

January    04

January            05

January         06

January       07

 

 

New Years

PUBLIC

COUNCIL

COUNCIL

COUNCIL

COUNCIL

Week-End

 

 

DAY

HOLIDAY

OPEN

OPEN

OPEN

OPEN

 

 

 

 

 

 

 

 

 

 

The Council Depots operate under a skeleton staff over the Christmas/New Year period to ensure the provision of general maintenance and other service.

Consultation (internal/external):

Internal

A discussion paper outlining the dates of the proposed Christmas closure and the reasons behind the proposed closure was discussed and supported at an Executive Team Meeting and at a Senior Managers Meeting.

 

Risk Assessment (Legal, Financial, Political etc.):

Legal – General public must be notified of any closure.

Policy Implications:

Nil

Financial Resource Implications:

Nil

 

Link to Corporate Plan:

Corporate Plan 2009-2013 8.1.2(a) To provide and develop contemporary and professional human resource practices and functions in an environment that promotes Equal Employment Opportunity principles and recognises all employees in a fair and respectful manner.

Supporting Documentation:

Nil

Report authorised by:

Paul Bawden, Chief Executive Officer  


Maranoa Regional Council

    

General Meeting -  26 October 2011

Officer Report

Meeting: General  26 October 2011

Date: 13 October 2011

Item Number: 11.1

File Number: D11/30386

 

Subject Heading:                     Toowoomba, Golden West & South Burnett Tourism - Board Representation

Classification:                                  Open Access  

Name of Applicant:                         Toowoomba, Golden West & South Burnett Tourism

Location:                                          

Author & Officer’s Title:                 Tony Klein, Director of Community Services

 

 

Executive Summary: 

Toowoomba, Golden West & South Burnett Tourism seek a Council nomination to their Board for 2011/12.

 

 

Officer’s Recommendation: 

That Council determines an appropriate person to be nominated to the Board of Toowoomba, Golden West & South Burnett Tourism for 2011/12.

 

 

Body of Report:

Nominations for the Toowoomba, Golden West & South Burnett Tourism Board (TGWSBT) for 2011/12 year are currently being called and close 10 November 2011. 

 

Maranoa Regional Council is invited to nominate one representative (not necessarily a councillor) to the TGWSBT Board.

 

Cr Denton is Council’s current representative on the TGWSBT Board.

Consultation (internal/external):

Nil

Risk Assessment (Legal, Financial, Political etc.):

Nil

Policy Implications:

Nil

Financial Resource Implications:

Nil

 

Link to Corporate Plan:

Corporate Plan 2009-2013 8.4.2(a) To identify and implement actions that facilitates the development of the regional tourism industry.

Supporting Documentation:

1View

TGWSBT call for nominations to Board - 2011/12

S11/17826

 

Report authorised by:

Paul Bawden, Chief Executive Officer


Attachment 1

TGWSBT call for nominations to Board - 2011/12

 


 


Maranoa Regional Council

    

General Meeting -  26 October 2011

Officer Report

Meeting: General  26 October 2011

Date: 6 October 2011

Item Number: 12.1

File Number: D11/29661

 

Subject Heading:                     Proceeding to Make Local & Subordinate Local Laws

Classification:                                  Open Access  

Name of Applicant:                         N/A

Location:                                          

Author & Officer’s Title:                 Debbie Tully, Administration Manager

 

 

Executive Summary: 

Council were required to undertake a Public Interest Test process on the following Local laws: Local Law No. 1 (Administration) 2011, Local Law No. 2 (Animal Management) 2011, Local Law No. 3 (Community & Environmental Management) 2011 and Local Law No. 6 (Operation of Saleyards).

 

Local Law No. 4 (Local Government Controlled Areas, Facilities and Roads), Model Local Law No. 5 (Parking) and Local Law No. 7. (Aerodromes) do not contain anti competitive provisions and as such do not require a Public Interest Test process to be undertaken.

 

This Public Interest Test process enables Council to receive submissions from the Public about the provisions within the local law which may be anti-competitive. Public submissions have been received and this report sets out the details of the submissions received and their impact, if any, on the wording of the Local Law or sub ordinate Local Law.

 

The recommendation of the report is to proceed with the making of local and subordinate local laws.

 

 

Officer’s Recommendation: 

That Council notes that the Public Interest Test Reports identified in Schedule 1 have been presented to a meeting of Council, and

That Council adopts and implements the recommendation of each Public Interest Test Reports identified in Schedule , as follows: 

SCHEDULE 1

(a)       Public Interest Test Report – Local Law No. 1 (Administration) 2011 and various subordinate local laws;

(b)       Public Interest Test Report – Local Law No. 2 (Animal Management) 2011 and various subordinate local laws;

(c)        Public Interest Test Report – Local Law No. 3 (Community and Environmental Management) 2011 and Subordinate Local Law No. 3 (Community and Environmental Management) 2011;

(d)       Public Interest Test Report – Local Law No. 6 (Operation of Saleyards) 2011 and Subordinate Local Law No. 1.17 (Sale or Consignment of Stock at a Saleyard) 2011.

Council resolves to—

(a)       proceed with the making of each proposed local law listed in Schedule 2 as advertised; and

(b)       proceed with the adoption of each proposed model local law listed in Schedule 3 as advertised; and

(c)        proceed with the making of each proposed subordinate local law listed in Schedule 4 as advertised; and

(d)       proceed with the making of each proposed local law listed in Schedule 5 with amendments as particularised in Schedule 5; and

(e)       proceed with the making of each proposed subordinate local law without amendment; and

(f)         in accordance with the requirements of section 29A(2)(b) of the Local Government Act 2009, consult with the Minister regarding each proposed Local Law which is not a model local law, that is, each proposed Local Law as listed in Schedule 2 and each proposed local law listed in schedule 5.

SCHEDULE 2

1.         Local Law (Repealing) Local Law (No. 1) 2011;

2.         Local Law No. 1. (Administration) 2011;

3.         Local Law No. 3. (Community and Environmental Management) 2011;

4.         Local Law No. 7. (Aerodromes) 2011.

SCHEDULE 3

1.         Model Local Law No. 2 (Animal Management) 2011;

2.         Model Local Law No. 5 (Parking) 2011.

 

SCHEDULE 4

1.         Subordinate Local Law No. 1.1 (Alteration or Improvement to Local Government Controlled Areas and Roads) 2011;

2.         Subordinate Local Law No. 1.2 (Commercial Use of Local Government Controlled Areas and Roads) 2011;

3.         Subordinate Local Law No. 1.3 (Establishment or Occupation of a Temporary Home) 2011;

4.         Subordinate Local Law No.1.4 (Installation of Advertising Devices) 2011;

5.         Subordinate Local Law No. 1.5 (Keeping of Animals) 2011;

6.         Subordinate Local Law No. 1.6 (Operation of Camping Grounds) 2011;

7.         Subordinate Local Law No. 1.7 (Operation of Cane Railways) 2011;

8.         Subordinate Local Law No. 1.8 (Operation of Caravan Parks) 2011;

9.         Subordinate Local Law No. 1.9 (Operation of Cemeteries) 2011;

10.      Subordinate Local Law No. 1.10 (Operation of Public Swimming Pools) 2011;

11.      Subordinate Local Law No. 1.11 (Operation of Shared Facility Accommodation) 2011;

12.      Subordinate Local Law No. 1.12 (Operation of Temporary Entertainment Events) 2011;

13.      Subordinate Local Law No. 1.13 (Undertaking Regulated Activities regarding Human Remains) 2011;

14.      Subordinate Local Law No. 1.14 (Undertaking Regulated Activities on Local Government Controlled Areas and Roads) 2011;

15.      Subordinate Local Law No. 1.15 (Carrying out Works on a Road or Interfering with a Road or its Operation) 2011;

16.      Subordinate Local Law No. 1.16 (Gates and Grids) 2011;

17.      Subordinate Local Law No. 1.17 (Sale or Consignment of Stock at a Saleyard) 2011;

18.      Subordinate Local Law No. 1.18 (Use of a Vehicle on an Airside Area) 2011;

19.      Subordinate Local Law No. 2 (Animal Management) 2011;

20.      Subordinate Local Law No. 3 (Community and Environmental Management) 2011;

21.      Subordinate Local Law No. 4 (Local Government Controlled Areas, Facilities and Roads) 2011;

22.      Subordinate Local Law No. 5 (Parking) 2011.

SCHEDULE 5

1.         Local Law No. 4 (Local Government Controlled Areas, Facilities and Roads) 2011;

2.         Local Law No. 6 (Operation of Saleyards) 2011.

Local Law No. 4 (Local Government Controlled Areas, Facilities and Roads) 2011

(i)         section 11 —omit,

insert—

11          Compliance notice about a road or footpath crossing

(1)     The local government may give a compliance notice to a person who is the owner or occupier of land adjoining or adjacent to a road to do 1 or more of the following—

(a)     perform work on the land or the road;

(b)     construct a vehicle crossing to provide vehicular access between the land and the road to a standard specified by the local government in the compliance notice;

(c)     maintain or repair a vehicle crossing which provides vehicular access between the land and the road to a standard specified by the local government in the compliance notice if, in the opinion of an authorised person, the vehicle crossing—

(i)      is not effective for its intended purpose; or

(ii)     is causing a nuisance or poses a risk of a nuisance; or

(iii)    constitutes an actual or potential safety hazard;

(d)     alter a vehicle crossing, or construct a new or modified vehicle crossing between the land and the road to a standard specified by the local government in the compliance notice if, in the opinion of an authorised person, the vehicle crossing is no longer adequate having regard to—

(i)      the volume or nature of traffic using the vehicle crossing; or

(ii)     the manner in which the vehicle crossing is used by traffic; or

(iii)    changes in the use of the land to which the vehicle crossing provides access; or

(iv)    changes in the usual or expected standard of vehicle crossing provision in the relevant locality.

(2)     However, a compliance notice may only be given under subsection (1) if the work to be carried out is required as a direct result of the intentional act or negligence of the person and, in the reasonable opinion of an authorised person, the work should be performed to—

(a)     protect public health, safety or amenity; or

(b)     prevent environmental harm or environmental nuisance; or

(c)     prevent interference with the safe movement of traffic or the safe use of a road.

Local Law No. 6 (Operation of Saleyards) 2011

(i)        section 28 — omit,

 insert—

28          Limitation of liability

(1)         The local government is not civilly liable for an act done, or omission made, honestly and without negligence, under this local law.

(2)         In particular, the local government—

(a)     does not have legal possession or control of any stock brought onto the saleyard by a person other than the local government[1]; and

(b)     owes no duty of care to any person in respect of, and is not otherwise responsible for, the safety, management, or control of any stock within the saleyard.

(3)         For the avoidance of doubt, if there is any inconsistency between this section and a law made by the State, the law made by the State prevails to the extent of the inconsistency.

 

 

 

 

Body of Report:

The Public Consultation phase of the Local & Subordinate Local Law making process ended on Friday 30 September 2011 with a limited number of properly made submissions received.  No amendments are proposed as a direct consequence of consideration of these submissions.  (Copies of these submissions are attached)

 

Each of the submissions received in fact endorse the making of the Local Laws and subordinate Local Laws and suggest to Council and Councillors considerations that the proponents believe are important in implementing each of the Local Laws. For example, Commerce Roma’s submission indicates that where road side vending may be approved the setting of the fee needs due consideration and that in implementing the Subordinate Local Law consideration needs also to be given to the distance that the vendor is permitted to sell goods on a footpath. The Subordinate Local Law does not set a minimum or maximum distance that a roadside vendor may set up or sell goods that may or may not compete with a fixed premises this is because the Subordinate Local Law has been deliberately written to cast the net as wide as possible and permit Council to limit this type of activity by a Policy or on a case by case basis. The important consideration is that the Local Law as currently drafted does give Council the requisite powers to implement the Local Law and provide the power to regulate the use of Council’s Local Government Areas and Roads.

 

Table of submissions

Proponent                                                      Local/Subordinate                           

(1) Commerce Roma                             Commercial Use of LG Areas and Roads

 

Issue         - Fees, distance from existing businesses

 

Response – The Local Law and subordinate Local Law as drafted do not limit the powers Council will have to regulate these activities and uses,

 

(2) Kirra Laverty                                      Local Law 2 (Animal Management)

 

Issue – the proponent would like an exemption for tea cup pigs

 

Response – the keeping of any type of pigs within the town area was previously not permitted by the former Councils and this restriction is being continued,

 

(3) Camille Johnson                               Local Law 2 (Animal Management)           

 

Issue - the proponent would like an exemption for tea cup pigs

 

Response – the keeping of any type of pigs within the town area was previously not permitted by the former Councils and this restriction is being continued,

 

(4) Coomber Bros                                  Commercial Use of LG Areas and Roads

 

Issue – Fees and distance from existing businesses

 

Response – The Local Law and subordinate Local Law as drafted do not limit the powers Council will have to regulate these activities and uses.

The local law making process previously adopted by Council contemplates that Council may now resolve to proceed with the making of its proposed “other” local laws, the adoption of its proposed model local laws and the making of its proposed subordinate local laws.

 

In addition Section 38 of the Local Government Act 2009 provides that Council must not make a local law (including a subordinate local law) that contains an anti-competitive provision unless Council has complied with the procedures prescribed under a regulation for the review of anti-competitive provisions.

 

To facilitate compliance with the procedures prescribed under the Local Government Act 2009 and regulations, attached for Council’s consideration are:

-     a Public Interest Test Report – Local Law No. 1 (Administration) 2011 and various subordinate local laws,

-     a Public Interest Test report  – Local Law No. 2 (Animal Management) 2011 and various subordinate local laws,

-     a Public Interest Test Report – Local Law No. 3 (Community and Environmental Management) 2011 and Subordinate Local Law No.3 (Community and Environmental Management) 2011 and

-     a Public Interest Test Report – Local Law No. 6 (Operation of Saleyards) 2011 and the associated subordinate local law.

Consultation (internal/external):

Matthew McGoldrick, Director of Corporate Services

James Neilsen, King & Co

Various State Government departments

Business owners and member of the public

Risk Assessment (Legal, Financial, Political etc.):

Political, Environmental and Regulatory

Policy Implications:

Local Government Act 2009

Financial Resource Implications:

Local Law review within budget constraints

 

Link to Corporate Plan:

Corporate Plan 2009-2013 8.2.3(a) To implement Council’s governance policies and procedures in an evolving organisational environment whilst ensuring legislative relevance, consistency and fairness in application.

Supporting Documentation:

1View

Public Interest Test - Local & Subordinate Law No. 3 - 2011

D11/29652

2View

Public Interest Test - Local & Subordinate Law No. 1 - 2011 & various subordinate local laws

D11/29654

3View

Public Interest Test - Local & Subordinate Law No. 6 & No. 1.17 - 2011

D11/29655

4View

Public Interest Test - Local Law No. 2 2011 & various subordinate local laws.

D11/29656

5View

Submission - Commerce Roma - Public Interest Testing of Local & Subordinate Laws

D11/28541

6View

Submission - Kirra Laverty - Local & Subordinate Law No 2

D11/28540

7View

Submission - Camille Johnson - Local & Subordinate Law No. 2 - 2011

D11/28538

8View

Public Submission - Coomber Bros - Public Interest Testing of Local & Subordinate Laws

D11/28345

 

Report authorised by:

Matthew McGoldrick, Director of Corporate Services

Paul Bawden, Chief Executive Officer


Attachment 1

Public Interest Test - Local & Subordinate Law No. 3 - 2011

 

 

 

PUBLIC INTEREST TEST REPORT

 

LOCAL LAW NO. 3 (COMMUNITY AND ENVIRONMENTAL MANAGEMENT) 2011 AND SUBORDINATE LOCAL LAW NO. 3 (COMMUNITY AND ENVIRONMENTAL MANAGEMENT) 2011

 

 

 

A public interest test has been conducted as part of the National Competition Policy reforms on anti-competitive provisions identified in proposed Local Law No. 3 (Community and Environmental Management) 2011 and Subordinate Local Law No. 3 (Community and Environmental Management) 2011.  The public interest test has been conducted against the principles and objectives set by the Competition Principles Agreement which were outlined in the public interest test plan.  A copy of the public interest test plan is attached.

 

The public interest test report has been prepared in accordance with guidelines issued by the Department of Infrastructure and Planning.  The guidelines have been applied by regulation under the Local Government Act 2009.

 

 

RESULTS OF CONSULTATION PROCESS

 

Consultation with the public and key stakeholders occurred over a three week period.  An advertisement was placed in the local paper at the commencement of the consultation period advising of the review and calling for submissions.  Notices were posted on notice boards within the local government area during the consultation period.  Direct notification of the review was sent to all key stakeholders.

Submissions received and arguments presented (if any) are annexed to this Public Interest Test Report.

 

REASSESSMENT OF ALTERNATIVES

 

Following assessment of the results of the consultation process it is considered that no grounds were advanced to support the introduction of another regulatory or non-regulatory alternative.  It is considered that the introduction of an alternative control mechanism would have severe negative impacts on the community in general.

 

No submission contained any supporting grounds which identified a benefit to the community by establishing an alternative control.

 

 

RECOMMENDATIONS

 

Each possible anti-competitive provision reviewed is an anti-competitive provision and should be retained in its current form in the public interest.

 


Attachment 2

Public Interest Test - Local & Subordinate Law No. 1 - 2011 & various subordinate local laws

 

 

PUBLIC INTEREST TEST REPORT

 

LOCAL LAW NO. 1 (ADMINISTRATION) 2011 AND VARIOUS SUBORDINATE LOCAL LAWS

 

 

 

A public interest test has been conducted as part of the National Competition Policy reforms on anti-competitive provisions identified in the local law and subordinate local laws identified in schedule 1.  The public interest test has been conducted against the principles and objectives set by the Competition Principles Agreement which were outlined in the public interest test plan.

 

The public interest test report has been prepared in accordance with guidelines issued by the Department of Infrastructure and Planning and called up by regulation under the Local Government Act 2009.

 

RESULTS OF CONSULTATION PROCESS

 

Consultation with the public and key stakeholders occurred over a three week period.  An advertisement was placed in the local paper at the commencement of the consultation period advising of the review and calling for submissions.  Notices were posted on notice boards within the local government area during the consultation period.  Direct notification of the review was sent to all key stakeholders.

Submissions received and arguments presented (if any) are annexed to this Public Interest Test Report.

POSITIVE AND NEGATIVE IMPACTS ON STAKEHOLDERS FROM MOVING TO ALTERNATIVES

 

Positive and negative impacts on stakeholders from moving to alternatives are particularised in the schedules to this report as follows:-

 

Commercial Use of Local Government Controlled Areas and Roads — See Schedule 2

Installation of Advertising Devices — See Schedule 3

Operation of Camping Grounds — See Schedule 4

Operation of Cane Railways — See Schedule 5

Operation of Caravan Parks — See Schedule 6

Operation of Cemeteries — See Schedule 7

Operation of Public Swimming Pools — See Schedule 8

Operation of Shared Facility Accommodation — See Schedule 9

Operation of Temporary Entertainment Events — See Schedule 10


SUMMARY OF NET IMPACTS ASSOCIATED WITH ALTERNATIVES

 

An analysis of the costs and benefits of moving to an identified alternative is detailed in the following schedules.

Commercial Use of Local Government Controlled Areas and Roads — See Schedule 2

Installation of Advertising Devices — See Schedule 3

Operation of Camping Grounds — See Schedule 4

Operation of Cane Railways — See Schedule 5

Operation of Caravan Parks — See Schedule 6

Operation of Cemeteries — See Schedule 7

Operation of Public Swimming Pools — See Schedule 8

Operation of Shared Facility Accommodation — See Schedule 9

Operation of Temporary Entertainment Events — See Schedule 10

PUBLIC INTEREST TEST REPORT RECOMMENDATION

For each prescribed activity, each possible anti-competitive provision reviewed is an anti-competitive provision and should be retained in its current form in the public interest.


SCHEDULE 1 — LOCAL LAW AND SUBORDINATE LOCAL LAWS IN WHICH POSSIBLE ANTI-COMPETITIVE PROVISIONS IDENTIFIED

Local Law No. 1 (Administration) 2011

Subordinate Local Law No. 1.2 (Commercial Use of Local Government Controlled Areas and Roads) 2011

Subordinate Local Law No. 1.4 (Installation of Advertising Devices) 2011

Subordinate Local Law No. 1.6 (Operation of Camping Grounds) 2011

Subordinate Local Law No. 1.8 (Operation of Caravan Parks) 2011

Subordinate Local Law No. 1.12 (Operation of Temporary Entertainment Events) 2011

 


Attachment 2

Public Interest Test - Local & Subordinate Law No. 1 - 2011 & various subordinate local laws

 

SCHEDULE 2 — COMMERCIAL USE OF LOCAL GOVERNMENT CONTROLLED AREAS AND ROADS

Positive and negative impacts on stakeholders from moving to alternatives

Local Government

Existing and Potential Business

Consumers

Community Groups

Establishment costs of changing from a licence based system to a negative licensing based system such as Council time, redrafting costs, cost of community/business education programs. This is a one-off expense and therefore impact is considered to be low - low negative impact (-1).

 

Increased potential of non-compliance costs under a negative licensing regime eg. fines.

There is a potential that minimum standards under the negative licensing regime will be misinterpreted and result in non-compliance penalties.  The level of non-compliance is expected to be minimal and the impact is therefore considered to be low -  low negative impact (-1).

 

Increase in market competition between existing and potential business creating innovation, efficiencies and types of product service.

Consumers will receive the benefits from increased competition through price, product availability and product/business choice.  The expected level of competition in the long term is expected to stabilise and any benefits received by the change is expected to be low -  low positive impact (+1).

 

Risk of unsafe vendoring too high if not controlled by local government in some way.  Under a negative licensing regime, as opposed to a licence based system (conventional regime) the risk of non-compliance is greater.  However, local government can still take enforcement action and therefore impact is considered to be low - low negative impact

(-1).

Increase in level of monitoring required to enforce local law from one temporary employee to one permanent full-time employee.  The cost borne by this change is minimal and therefore the impact is considered to be low - low negative impact (-1).

 

Increase in market competition between existing and potential business creating a reduction in profit margin and removal of price padding.  In the short term, it is expected that significant change will occur in market distribution, power and price.  However, in the long term, it is expected that the market will stabilise and therefore the impact is considered to be low - low negative impact (-1).

 

Increase in cost borne for environmental damage by community.

Due to the increased risk in non-compliance some of the costs from environmental damage (including public nuisance) may be borne by the community.  Minimum standards under a negative licensing regime will ensure that this transfer of costs will be negligible and therefore the change will be a low negative impact (-1).

 

Potential for non-compliance by outside vendors at the risk of road users and community.  The potential for non-compliance is higher under a negative licensing regime and local government is likely to receive more complaints.  The impact is considered to be moderate - moderate  negative impact (-3).

 

Removal of licence regime means savings for existing and potential businesses in not having to prepare and submit licence applications.  There is also a saving from removal of licence fees.  However, these cost represent a small portion of overall operating expenses and therefore the impact is considered to be low - low positive impact (1).

 

 

 

Unable to regulate the impact on the environment by regulating the number of vendors.  Regulation of vendors will be restricted to minimum standards outlined under the negative licensing regime.  The level of control available will be reduced marginally.  The impact is considered to be low impact - low negative impact (-1).

 

Removal of restrictions on business ownership, that is, level and number of operations.  Business is no longer restricted to the level and type of operations under the licence system.  Standards will still need to be met under a negative licensing regime and therefore the change is considered to be low - low positive impact (+1).

 

 

The specific conditions required for each type of roadside vendor creates complexity under a negative licensing regime.  The level and type of business including the various products sold require different minimum standards which will ultimately create a complex local law.  This will be a moderate negative impact (-3).

 

 

 

 

Loss of fees paid for licences and renewals.  Fee structure was in place to cover administrative costs of the local law.  This is considered to be a low negative impact (-1).

 

 

 

 

Application and processing for licences will no longer apply.  Staff will be required to maintain the negative licensing regime which is a more efficient framework to operate.  This will be a low positive impact (+1).

 

 

 

 

Higher fines apply under a negative licensing regime.  Local government will recover some costs from higher fines but as court action is usually a last resort in terms of enforcement, the impact is considered to be low - low positive impact (+1).

 

 

 

 

-8

+1

+1

-2


Attachment 2

Public Interest Test - Local & Subordinate Law No. 1 - 2011 & various subordinate local laws

 

Summary of net impact associated with alternatives

In summary, analysis of the costs and benefits of moving to the alternative provides the following information:

Alternative

Local Government

Business - both existing and potential

Consumers

Community/ Conservation Groups

Negative licensing

Current existing local law is a licence based system.  The alternative is to convert the licence process to a negative licensing regime. 

 

Moderate/High Negative Impact

The increased risk of non-compliance and potential for the maintenance of a complex local law under a negative license regime far outweighs any benefit received from reducing application processing .

 

Low Positive Impact

Removal of the restriction on commercial use of local government controlled areas and roads results in an increase in competition, reduction in costs and removal of restrictions on business ownership.

Low Positive Impact

Consumers will receive the benefits from increased competition through price, product availability and product/business choice.  However, the higher enforcement costs of Council may be paid for by the general community.

Low Negative Impact

Increase in the risk associated with environmental damage, aesthetic quality of the region and public health and safety.

 

Overall, the analysis of costs and benefits has determined there would be a net cost to the community as a whole in moving to a negative licensing regime.

There are benefits which would accrue to both business and consumers under a negative licensing regime.  Potential business would benefit from removal of the barrier to entry to the market and both existing and potential business would benefit from a reduction in operating costs.  Consumers would benefit from increased competition in the market.

However, these positive impacts are offset by increased costs for Council in enforcing compliance under the negative licensing regime.  These costs are substantial and could be passed on to the community.  Because there is the potential for non-compliance to be greater under a negative licensing regime there may be negative impacts on the environment, amenity and public health and safety.

 


Attachment 2

Public Interest Test - Local & Subordinate Law No. 1 - 2011 & various subordinate local laws

 

SCHEDULE 3 — INSTALLATION OF ADVERTISING DEVICES

POSITIVE AND NEGATIVE IMPACTS ON STAKEHOLDERS FROM MOVING TO ALTERNATIVE

 

Conservation Interest Groups

Community/ Consumers/ Home owners

Existing and Potential Business

Government

 

Details of Impacts

Details of Impacts

Details of Impacts

Details of Impacts

negative

impacts

 

Potential impact from non-compliance will result in a decrease in quality of life from visual pollution it is expected to have a moderate impact on the community and a high impact on home owners residing in business areas.  (-5)

 

Increased costs in professional fees to ensure that erected signs specifically comply with local government standards.

This cost was previously paid through the application fee at a subsidised rate.  This increase in costs is not expected to be significant over the life of the business and a majority of professional fees paid is already required under current local law.  Overall the impact is expected to be moderate.  (- 3)

Increased risk of non-compliance by business when exhibiting advertising.

Council has no control over the initial design and construction of physical advertising.  An increased level of risk will be borne by Council in non-compliance.  For advertising in the community the magnitude of non-compliance can be high.  Overall, the impact is moderate. (-3)

 

 

 

Decrease in level of safety provided to community because of a decrease in the quality standard of physical advertising.  This will have a low impact on the community overall but a significant impact on home owners near advertising and members of the public working near signs. (-1)

 

Potential for deterioration of relationships between business and local government.

Local government action against business for non-compliance - business resisting action because structure is already built.  Though this impact is only a potential impact, it is expected to increase in importance over the longer term, therefore it is considered to be a moderate impact. (-3)

 

Establishment costs - change in local law so that the definition of permitted advertisement includes all classifications and attending criteria for approving/rejecting applications which currently exist, and thereby includes those advertisements in negative licensing regime.  These costs occur once and are not material to the overall costs of local government.  For this reason the impact is considered low. (-1)

 

 

 

 

Increase in responsibility for business to comply with standards.

Business will now have the responsibility for complying with the standards set in the local law, whereas previously local government ensured compliance through the permit regime.  The onus of responsibility now resides with business and is therefore considered to be a moderate impact. (-3)

 

Reduction in application and penalty fee revenue.  Fees received is immaterial to the overall revenue received by local government.  Local government does not rely on revenue received from such fees in operations and is considered surplus to local government needs.  The impact will be moderate. (-3)

 

 

 

 

Potential for misuse of environment.

There is potential for business to abuse accepted environmental standards.  It is expected that this will not occur and is considered a low impact. (- 1)

 

 

positive

impacts

 

 

Reduction in paperwork and time from removal of application/approval process.

Business will no longer have to pay application fees or lose time waiting for permits to be approved.

Application fees represented less than 1% of turnover of a business in a year and significantly less than total business capital worth.  The impact is considered low. (- 1)

 

Reduction in processing applications requires the restructuring of staff duties and time.  The decrease in time spent approving applications will be applied to the inspection of advertising.  Some job redesign will be necessary and is therefore a moderate impact. (-3)

 


Attachment 2

Public Interest Test - Local & Subordinate Law No. 1 - 2011 & various subordinate local laws

 

DETERMINE NET COMMUNITY BENEFIT

In summary comparison of the alternatives provides the following information:

Alternative

Government

Business

Community/ Consumers

Conservationists

Negative licensing

Current existing local law is a combination of negative licensing and permits.  The alternative is to convert the permit process to become part of the negative licensing process. 

 

Moderate Negative Impact

The increased risk of non-compliance and potential for damaged relationships between parties far outweighs any benefit received from reducing application processing requirements.

A financial loss would result.

Moderate Negative Impact

Removal of the restriction on advertising results in a transfer of responsibility in environmental management to business and an increase in the level of risk in non-compliance.  The standard of advertising will remain, the only benefit being a monetary/time reduction in application process.

Moderate Negative Impact

The risk of non-compliance will result in a decrease in environmental and public health/safety standards.  This outweighs any benefits to the stakeholders in removing restrictions on advertising.

No Impact

There are no changes in the level of environmental protection.

 

The regulatory alternative of full negative licensing regulation is not expected to result in an overall benefit to the community.  The current local law ensures that the community will not pay costs associated with exhibiting advertising in certain places resulting in increased visual pollution and decrease in public health and safety standards.  Businesses are still able to compete effectively in the market with the imposition of existing restrictions.

The level of restriction on competition under the current regulatory arrangement is low compared with the impacts under the alternative arrangement.  Full negative licensing is not considered a viable alternative because of the increased risk associated with non-compliance.  The current local law only requires application and approval for the exhibition of advertisement in cases where the public health and safety and visual pollution aspects are highest.  In other cases, advertisements are governed by a negative licensing regime.

Overall, while the provisions reviewed are clearly anti-competitive the benefits to the community of retaining them outweigh the costs and provide the most appropriate way of achieving the objectives of the local law.


Attachment 2

Public Interest Test - Local & Subordinate Law No. 1 - 2011 & various subordinate local laws

 

SCHEDULE 4 — OPERATION OF CAMPING GROUNDS

 

POSITIVE AND NEGATIVE IMPACTS ON STAKEHOLDERS FROM MOVING TO ALTERNATIVE

 

Negative licensing (NB:  No new impacts have been identified.)

 

Stakeholders

 

Impacts

Weighting

Council

Council would be impacted by having to implement a new regulatory system ie. amend local law, educate staff, camping ground operators and community etc.

 

Saving in administration costs through not having to process permit applications.

 

Loss of fees.

 

Loss of flexibility and control in regulating camping grounds ie. loss of ability to set site specific conditions and loss of ability to cancel or suspend a permit.

Low negative (-1)

 

 

Low positive (+1)

 

Low negative (-1)

 

Moderate negative

(-3)

Overall - Moderate negative

 

Existing camping ground operators

 

Reduction in “red tape” (ie. no requirement to renew permit) and therefore reduction in operating costs.

 

Heavier fines for non-compliance.

 

Low positive (+1)

 

Low negative (-1)

 

Overall - Neutral

 

Potential camping ground operators

 

Removal of barrier to entry for operators.

 

Heavier fines for non-compliance.

Low positive (+1)

 

Low negative (-1)

 

Overall - Neutral

 

Camping ground occupants

 

Possible decrease in standards resulting from Council’s loss of discretionary power as to the grant of a permit and loss of ability to set site specific conditions.

 

Lower prices if operational savings passed on.

 

Greater consumer choice and product differentiation through increased competition.

 

Low negative (-1)

 

 

Low positive (+1)

 

Low positive (+1)

 

Overall - Low positive

 

General community and residents living in close proximity to camping grounds

Possible decrease in amenity and increase in nuisances resulting from Council’s loss of discretionary power as to the grant of a permit and loss of ability to set site specific conditions.

 

Low negative (-1)

 

Overall - Low negative


Attachment 2

Public Interest Test - Local & Subordinate Law No. 1 - 2011 & various subordinate local laws

 

SUMMARY OF NET IMPACTS ASSOCIATED WITH ALTERNATIVE

Council

Existing camping ground operators

Potential camping ground operators

Camping ground occupants

General community and residents

Moderate negative impact

Council would lose the ability to set site specific conditions and to cancel permits.

Neutral impact

Reduction in “red tape” is offset by the risk of heavier fines for non-compliance.  However, maximum fines are rarely awarded by the courts, so overall impact lends towards being positive.

Neutral impact

Removal of barrier to entry is offset by risk heavier fines for non-compliance.  However, maximum fines are rarely awarded by the courts, so overall impact lends towards being positive.

Low positive impact

Possible decrease in standards is balanced by greater consumer choice and lower prices.

Low negative impact

Possible decrease in amenity and increase in nuisances.

 

Overall, the analysis of costs and benefits lends towards a net cost in moving to a negative licensing regime.  Benefits accrue to camping ground occupants and the impact on existing and potential operators lends towards being positive as maximum fines are rarely imposed.  A low negative impact has been determined for the general community and residents living in close proximity to camping grounds. However, a moderate negative impact has been assessed for the Council

 


Attachment 2

Public Interest Test - Local & Subordinate Law No. 1 - 2011 & various subordinate local laws

 

SCHEDULE 5 — OPERATION OF CANE RAILWAYS

 

An approval is not required in respect of the operation of this prescribed activity.

 

 


Attachment 2

Public Interest Test - Local & Subordinate Law No. 1 - 2011 & various subordinate local laws

 

SCHEDULE 6 — OPERATION OF CARAVAN PARKS

 

POSITIVE AND NEGATIVE IMPACTS ON STAKEHOLDERS FROM MOVING TO ALTERNATIVE

 

Negative licensing

Stakeholders

 

Impacts

Weighting

Council

Council would be impacted by having to implement a new regulatory system ie. amend local law, educate staff, caravan park operators and community etc.

 

Saving in administration costs through not having to process permit applications.

 

Loss of fees.

 

Loss of flexibility and control in regulating caravan parks ie. loss of ability to set site specific conditions and loss of ability to cancel or suspend a permit.

Low negative (-1)

 

 

Low positive (+1)

 

Low negative (-1)

 

Moderate negative (-3)

Overall - Moderate negative

Existing caravan park operators

 

Reduction in “red tape” (no requirement to renew permit) may result in reduced operating costs.

 

Heavier fines for non-compliance.

 

Low positive (+1)

 

Low negative (-1)

 

Overall - Neutral

Potential caravan park operators

 

Removal of barrier to entry for operators.

 

Heavier fines for non-compliance.

Low positive (+1)

 

Low negative (-1)

 

Overall - Neutral

Caravan park occupants

 

Possible decrease in standards resulting from Council’s loss of discretionary power to refuse permit applications to operate caravan parks and loss of ability to set site specific conditions.

 

Lower prices if operational savings passed on.

 

Greater consumer choice and product differentiation through increased competition.

 

Low negative (-1)

 

 

Low positive (+1)

 

Low positive (+1)

Overall - Low positive

General community and residents living in close proximity to caravan parks

Possible decrease in amenity and increase in nuisances resulting from Council’s loss of discretionary power to refuse permit applications to operate caravan parks and loss of ability to set site specific conditions.

 

Low negative (-1)

 

Overall - Low negative

Qld Caravan Park Owners Association

 

 

Association may be called on to play a greater role in the setting standards for the operation of caravan parks.

Low positive (+1)

 

Overall - Low positive

 


Attachment 2

Public Interest Test - Local & Subordinate Law No. 1 - 2011 & various subordinate local laws

 

SUMMARY OF NET IMPACTS ASSOCIATED WITH ALTERNATIVE

Negative licensing

Council

Existing caravan park operators

Potential caravan park operators

Caravan park occupants

General community and residents

Qld Caravan Park Owners Association

Moderate negative impact

Council would lose the ability to set site specific conditions and to cancel permits.

Neutral impact

Reduction in “red tape” is offset by the risk of heavier fines for non-compliance.  However, maximum fines are rarely awarded by the courts, so overall impact lends towards being positive.

Neutral impact

Removal of barrier to entry is offset by risk heavier fines for non-compliance.  However, maximum fines are rarely awarded by the courts, so overall impact lends towards being positive.

Low positive impact

Possible decrease in standards is balanced by greater consumer choice and lower prices.

Low negative impact

Possible decrease in amenity and increase in nuisances.

Low positive impact

Association may be called on to play a greater role in setting standards for the operation of caravan parks.

 

Overall, the analysis of costs and benefits has determined there would be a net cost in moving to a negative licensing regime.  Benefits accrue to a number of stakeholder groups, viz: caravan park occupants and the Qld Caravan Park Owners Association.  A neutral outcome has been determined for existing and potential caravan park operators.  However, a low negative impact has been determined for the general community and residents living in close proximity to caravan parks and a moderate negative impact has been assessed for the Council. 


Attachment 2

Public Interest Test - Local & Subordinate Law No. 1 - 2011 & various subordinate local laws

 

SCHEDULE 7 — OPERATION OF CEMETERIES

 

An approval is not required in respect of the operation of this prescribed activity.

 

SCHEDULE 8 — OPERATION OF PUBLIC SWIMMING POOLS

 

An approval is not required in respect of the operation of this prescribed activity.

 

SCHEDULE 9 — OPERATION OF SHARED FACILITY ACCOMMODATION

 

An approval is not required in respect of the operation of this prescribed activity.

 

 


Attachment 2

Public Interest Test - Local & Subordinate Law No. 1 - 2011 & various subordinate local laws

 

SCHEDULE 10 — OPERATION OF TEMPORARY ENTERTAINMENT EVENTS

 

POSITIVE AND NEGATIVE IMPACTS ON STAKEHOLDERS FROM MOVING TO ALTERNATIVES

 

Planning scheme

Stakeholders

Impacts

 

Weighting

Local government

 

 

Costs of moving to new regime, ie. repealing local law, amending planning scheme, educating staff, existing operators, community etc. - but once off cost so low impact.

 

Loss of fees from removal of permit regime but as fees not substantial impact low.

 

Streamlining of administration procedures ie. rationalisation of regulatory instruments.

 

Harder to enforce conditions through planning scheme:

- loss of ability to suspend or cancel a permit;

- higher costs with Planning and Environment Court;

- minimal flexibility for changing operating conditions

 

Low negative (-1)

 

 

Low negative (-1)

 

Low positive (+1)

 

High negative (-5)

 

 

Overall - Low/moderate negative

 

Existing operators

 

 

No permit renewal fees.

 

Some uncertainty exists as to the position of existing operators under a move to regulation by the planning scheme - that is, there may be an absence of regulatory control over existing operators from removal of the permit regime - they become non-conforming uses under the planning scheme.

 

Low positive (+1)

 

Low positive (+1)

 

 

 

Overall - Low positive

 


Potential operators

 

 

 

No permit required.

 

Establishment costs are likely to be higher and time delays may result through requirement to advertise consent application.

 

Appeal rights if application rejected.

 

 

Low positive (+1)

 

Moderate negative (-3)

 

 

Low positive (+1)

 

Overall - Low negative

Entertainment venue users/consumers

 

Reduction in operating costs (ie no permit application/renewal fees) should be passed on to consumers by way of lower prices for product/service but rated low as price reductions not likely to be large.

Low positive (+1)

 

Overall - Low positive

 

Residents in close proximity to existing entertainment venues

 

 

Through the removal of the permit regime there may be some nuisance impacts from existing operators - ie. local government loses the ability to cancel or suspend a permit - removal of permit regime could mean operators no longer have to comply with conditions of permit.

Moderate negative (-3)

 

 

Overall - Moderate negative

 

General community

Under the planning scheme residents will be informed of any new proposed entertainment venue and will be able to object to the applications but considered low impact as market not likely to support many new operators.

 

Low positive (+1)

 

Overall - Low positive

 

Progress Association

Under the planning scheme the Progress Association will be informed of any new proposed entertainment venue and will be able to object to applications.

 

As a body representative of the community, the PA may be negatively impacted through the loss of local government control over existing operations ie. it will not be able to press the local government to enforce permit conditions or change permit conditions when the need arises.

 

Low positive (+1)

 

 

Moderate negative (-3)

 

Overall - Low negative

 


Negative licensing

Stakeholders

Impacts

 

Weighting

Local government

 

 

Costs of moving to new regime, ie amending local law, educating staff, existing operators, community etc.

 

Loss of fees from removal of permit regime but as fees not substantial impact low.

 

Reduction in administrative burden ie. no processing of permit applications and renewals.

 

Higher fines.

 

Higher enforcement costs through necessity to take legal action, ie. not able to suspend or cancel permits.

 

Loss of flexibility/control ie. not able to set site specific conditions and no control over entry to market.  Standards can only be changed by changing local law.

 

Better relations with business - equally applied conditions (ie. generic standards).

Moderate negative (-2)

 

Low negative (-1)

 

Low positive (+1)

 

Low positive (+1)

 

Moderate negative (-2)

 

Moderate negative (-2)

 

Neutral

 

Overall – Moderate negative

Existing operators

 

 

No permit renewal fees.

 

Higher fines for non-compliance.  However, legal action is usually only taken as a last resort and therefore the impact is likely to be low.

 

Potential to improve business performance and innovation to meet output standards.

 

Standards applied equally to all in business sector.

 

More competition.

Low positive (+1)

 

Low negative (-1)

 

 

Low positive (+1)

 

Low positive (+1)

 

Low negative (-1)

 

Overall - Low positive


Potential operators

 

 

 

No permit required.

 

Higher fines for non-compliance.

 

Potential for improved business performance and innovation to meet output standards.

 

Standards known before entering business and applied equally to all in business sector.

Low positive (+1)

 

Low negative (-1)

 

Low positive (+1)

 

Low positive (+1)

 

Overall - Low/moderate positive

 

Entertainment venue users/customers

 

 

 

Greater choice of service/product provider and greater service/product differentiation.

 

Lower prices through more competition but not likely to be large price reductions.

 

Possible reduction in standards at some venues through loss of local government power to apply site specific conditions.

 

Low positive (+1)

 

Low positive (+1)

 

Low negative (-1)

 

Overall - Low positive

 

Residents in close proximity to existing entertainment venues

 

Existing venues likely to maintain operations at standard of permit conditions so not likely to be any impacts.

Neutral

 

Overall - Neutral

General community

Not likely to be any impacts on general community.

 

Neutral

 

Overall - Neutral

 

Progress Association

Removal of local government power to apply site specific conditions may result in lower standards in relation to new venues and therefore require increased activism.  Rated low as impact in relation to new venues only.

 

 

Low negative

 

Overall - Low negative

 


SUMMARY OF NET IMPACTS ASSOCIATED WITH ALTERNATIVES

 

In summary, analysis of the costs and benefits of moving to the alternatives provides the following information:

 

Planning scheme

 

Local government

Existing operators

Potential operators

Entertainment venue users/consumers

Residents in close proximity to existing venues

General community

Progress Association

Low/ moderate negative impact

 

Overall the impact on local government from moving to reliance on the planning scheme would be negative. 

 

The local law provides a less costly method of meeting the objectives of the local law.

Low positive impact

 

Existing operators would save on not having to pay permit renewal fees.

 

Although some uncertainty exists, savings are likely to accrue from no longer having to comply with permit conditions.

 

Low negative impact

 

Overall the impact on potential operators would be negative.  While small savings would result from the removal of permit application and renewal fees, establishment costs would be greater.

Low positive impact

 

Price reductions for service/product but not likely to be large.

Moderate negative impact

 

The impacts on residents could be substantial if local government does not have control over existing venues.

Low positive impact

 

The general community would be impacted positively through the knowledge of proposed new business ventures and the opportunity to object or input.

Low negative impact

 

On the one hand the Progress Association loses some ability to ensure interests of close residents are protected but on the other would have knowledge of any new proposals and have the opportunity to object or input.

 

Overall, the analysis of costs and benefits has determined there would a net cost in moving to the alternative of reliance on the planning scheme.  While some positive impacts would result, there are potentially substantial risks to public health and safety, the environment and amenity through loss of local government control over operators.  Enforcement costs for local government would also be substantially higher than under the current regime.

 


Negative licensing

 

Local government

Existing operators

Potential operators

Entertainment venue users/consumers

Residents in close proximity to existing venues

General community

Progress Association

Moderate negative impact

 

While the administrative burden is reduced local government receives no fees and has less control over operations.

Low positive impact

 

 

Reduction in “red tape” and operating costs and more freedom to meet standards in innovative ways.

Low/moderate positive impact

 

No barrier to entry to market and freedom to meet standards in innovative ways.

Low positive impact

 

 

Greater choice of service/product provider and lower prices through competition.

 

Neutral

 

 

Not likely to be any impacts.

Neutral

 

Not likely to be any impacts.

Low negative impact

 

Removal of local government power to apply site specific conditions may result in lower standards at some venues resulting in need for increased activism.

 

 

Overall, the analysis of costs and benefits has determined there would be a negligible benefit in moving to a negative licensing regime.  Loss of local government power to set site specific conditions is offset by a range of positive impacts accruing to business and consumers from freeing up restrictions on business.


Attachment 3

Public Interest Test - Local & Subordinate Law No. 6 & No. 1.17 - 2011

 

 

PUBLIC INTEREST TEST REPORT

LOCAL LAW NO. 6 (OPERATION OF SALEYARDS) 2011 AND SUBORDINATE LOCAL LAW NO. 1.17 (SALE OR CONSIGNMENT OF STOCK AT A SALEYARD) 2011

 

A public interest test has been conducted as part of the National Competition Policy reforms on anti-competitive provisions identified in proposed Local Law No. 6 (Operation of Saleyards) 2011 and Subordinate Local Law No. 1.17 (Sale or Consignment of Stock at a Saleyard) 2011.  The public interest test has been conducted against the principles and objectives set by the Competition Principles Agreement (CPA) which were identified in the public interest test plan.

This public interest test report has been prepared in accordance with guidelines issued by the Department of Infrastructure and Planning as required by the Local Government Act 2009.

RESULTS OF CONSULTATION

Consultation with the public and key stakeholders occurred over a three week period.  An advertisement was placed in the local paper at the commencement of the consultation period advising of the review and calling for submissions.  Notices were posted on notice boards within the local government area during the consultation period.  Direct notification of the review was sent to all key stakeholders.

Submissions received and arguments presented (if any) are annexed to this Public Interest Test Report.

REASSESSMENT OF ALTERNATIVES

Following consultation, the alternative of negative licensing is still considered to be a viable alternative.


Attachment 3

Public Interest Test - Local & Subordinate Law No. 6 & No. 1.17 - 2011

 

POSITIVE AND NEGATIVE IMPACTS ON STAKEHOLDERS FROM MOVING TO ALTERNATIVE

Negative licensing (NB:  No additional impacts were identified as a result of the consultation process.)

Stakeholders

Impacts

Weighting

Council

Council would be impacted by having to implement a new regulatory system ie. amend local law, educate staff, saleyard users and community etc.

 

Saving in administration costs which would result from not having to process permit applications.

 

Loss of permit application fees.

 

Loss of flexibility and degree of control in regulating use of saleyards ie. loss of ability to set conditions; and loss of ability to cancel or suspend a permit.

Low negative (-1)

 

 

Low positive (+1)

 

 

Low negative (-1)

 

Moderate negative (-3)

 

Overall - Moderate negative

 

Existing users of saleyards

 

 

Reduction in “red tape” (ie. no requirement to renew permit) and therefore reduction in operating costs

 

Low positive (-1)

 

Overall - Low positive

Potential saleyard users

 

 

Removal of barrier to entry for users

Low positive (+1)

 

Overall - Low positive

Neighbours

Possible decrease in amenity and increase in nuisances resulting from Council’s loss of discretionary power to refuse permit applications to use saleyards and loss of ability to set conditions.

 

Low negative (-1)

 

Overall - Low negative

State Government

Possible increase in complaints leading to representations that they introduce control measures

 

Low Negative (-1)

 

Overall – Low negative

 


SUMMARY OF NET IMPACTS ASSOCIATED WITH ALTERNATIVE

Negative licensing

Council

Existing saleyard users

Potential saleyard users

Neighbours

State Government

Moderate negative impact

 

While some savings would accrue through reduction in administration, Council’s ability to regulate the business activity in the public interest is reduced.

Low positive impact

 

The impact on existing operators would be positive through a reduction in operating costs.

Low positive impact

 

The impact on new operators would be positive through removal of the barrier to entry.

Low negative impact

 

The impact on this stakeholders group would potentially be negative as a result of Council’s loss of ability to set conditions and suspend or cancel a permit for non compliance.

Low negative impact

 

The lack of local government enforcement may lead to an increase in complaints to state agencies and requests for the introduction of state government control over operations

 

 

Overall the assessment of costs and benefits has determined there would be a net cost in moving to a negative licensing regime.  While some benefits would accrue to businesses and consumers, the impact on community members would potentially be negative as a result of Council’s loss of ability to set conditions and cancel or suspend a permit for non compliance.

RECOMMENDATIONS

The “possible” anti-competitive provisions identified in the public interest test plan are confirmed as anti-competitive provisions.  Further, it is recommended that they be retained in the public interest as the benefits to the community as a whole outweigh costs and the most appropriate way of achieving the objectives of the local law is by restricting competition in the way provided in the provisions.


Attachment 4

Public Interest Test - Local Law No. 2 2011 & various subordinate local laws.

 

 

PUBLIC INTEREST TEST REPORT

LOCAL LAW NO. 2 (ANIMAL MANAGEMENT) 2011 AND VARIOUS SUBORDINATE LOCAL LAWS

 

A public interest test has been conducted as part of the National Competition Policy reforms on anti-competitive provisions identified in proposed Local Law No. 2 (Animal Management) 2011, Subordinate Local Law No. 2 (Animal Management) 2011 and Subordinate Local Law No. 1.5 (Keeping and Control of Animals) 2011 (in conjunction with Local Law No. 1 (Administration) 2011).  The public interest test has been conducted against the principles and objectives set by the Competition Principles Agreement which were outlined in the public interest test plan.  A copy of the public interest test plan is attached.

The public interest test report has been prepared in accordance with guidelines issued by the Department of Infrastructure and Planning called up by regulation under the Local Government Act 2009.

RESULTS OF CONSULTATION PROCESS

Consultation with the public and key stakeholders occurred over a three week period.  An advertisement was placed in the local paper at the commencement of the consultation period advising of the review and calling for submissions.  Notices were posted on notice boards within the local government area during the consultation period.  Direct notification of the review was sent to all key stakeholders.

Submissions received and arguments presented (if any) are annexed to this Public Interest Test Report.

REASSESSMENT OF ALTERNATIVES

The consultation process results show that both alternatives, negative licensing and town planning scheme, are still considered to be realistic alternatives to the current permit regime.


POSITIVE AND NEGATIVE IMPACTS ON STAKEHOLDERS FROM MOVING TO ALTERNATIVE

Negative licensing:

Stakeholder

Impact

Weighting

Local government

Cost to local government to establish new regime (modifying local law/advising existing permit holders etc).  This is a once off cost.

 

Saving in resources from no longer having to process permit applications

 

Loss of permit application fees.  Fees set to cover some of the administrative.  However, current fee is not high so loss would not be substantial. 

 

Increased risk of exposure to public liability claims.  Possible claims of neglect in duty of care to public.

 

Increased enforcement costs.

 

Loss of flexibility - standards would only be able to be adjusted by amending the local law

Low negative (-1)

 

 

 

Low positive (+1)

 

 

Low negative (-1)

 

 

 

Low negative (-1)

 

 

Low negative (-1)

 

Moderate negative (-3)

 

Overall - Moderate/ high negative

Business

 

Existing business

Lower operating costs - no permit application fee applicable but would not result in a huge saving.

 

Increased penalties for non-compliance with standards of local law.

 

Standards would be known.

 

Increase in competition but not assessed as being substantial as population is stable in the area and market not likely to support further operators.

 

Potential new business

Reduced barrier to entry to market but as population stable not large potential for increased operators.

 

Standards would be known.

 

Low positive (+1)

 

 

Low negative (-1)

 

 

Low positive (+1)

 

Low negative (-1)

 

Overall - Neutral

 

 

Low positive (+1)

 

 

Low positive (+1)

 

Overall - Low positive

Consumers

Price reduction through greater competition and reduced operating costs passed on from operators.  However, saving not likely to be substantial.

 

Increase in choice of operator.  But not huge potential for growth so impact low.

 

Increase in health risks.  Because the local government’s power to cancel a permit is removed it would not be able to move quickly to stop an operator found to be not complying with standards set under the local law.

Low positive (+1)

 

 

 

Low positive (+1)

 

 

Moderate negative (-3)

 

 

Overall - Low/moderate negative

Animal Interest Groups (if any)

Potentially an increase in monitoring role but some uncertainty as to degree of impact.

Low negative (-1)

 

Overall - Low negative

Neighbours

Greater responsibility to take complaints to Council

 

Increased risk to health, amenity and occurrence of nuisances

Low negative (-1)

 

Moderate negative (-3)

 

Overall - Moderate negative

 

Town planning:

Stakeholder

Impact

Weighting

Local government

Saving in resources from no longer having to process permit applications

 

Loss of permit application fees.  Fees set to cover some of the costs of administering the local law.  However, current fee is not high so loss would not be substantial. 

 

Increased enforcement costs:  Would have to go to the Planning and Environment Court

 

Decrease in red tape - no duplication in local laws and planning scheme

 

Low positive (+1)

 

 

Low negative (-1)

 

 

 

 

Low negative (-1)

 

 

Low positive (+1)

 

Overall - Neutral

Business

 

Existing business

Lower operating costs - no permit application fee applicable but would not result in a huge saving.

 

Potential for increased penalties for non-compliance with standards of local law.

 

Potential new business

Reduced barrier to entry to market but as population stable not large potential for increased operators.

 

 

Low positive (+1)

 

 

Low negative (-1)

 

Overall - Neutral

 

Low positive (+1)

 

Overall - Low positive

Consumers

Price reduction through greater competition and reduced operating costs passed on from operators.  However, saving not likely to be substantial.

 

Increase in choice of operator.  But not huge potential for growth so impact low.

 

Increase in health risks.  The local government’s power to enforce standards will be via court action only.

Low positive (+1)

 

 

 

Low positive (+1)

 

 

Moderate negative (-3)

 

Overall - Low negative

Animal Interest Groups (if any)

Potentially an increase in monitoring role but some uncertainty as to degree of impact.

Low negative (-1)

 

Overall - Low negative

Neighbours

Opportunity to provide submissions when a new business is seeking approval.

Low positive (+1)

 

Overall - Low positive

SUMMARY OF NET IMPACTS ASSOCIATED WITH ALTERNATIVE

In summary, comparison of the alternatives provides the following information:

Alternative

Local Government

Business

Consumers

Animal Interest Groups

Neighbours

Negative licensing

Moderate negative impact

 

Removing the permit regime reduces the local government’s ability to control the businesses and hence may expose public to health risks and decreases in amenity.

Low positive impact

 

Positive impacts of reduced operating costs and reduction in entry to market are offset by increased penalties for non-compliance.

Low/moderate negative impact

 

Decrease in price for services is likely to be nominal while the increase in health risks is potentially substantial due to numbers of consumers.

Low negative impact

 

Potential for an increased monitoring role - eg new businesses do not need to contact the council first, therefore, new businesses may begin operation without the council’s knowledge.

Moderate negative impact

 

Greater responsibility to take complaints to council and if standards aren’t met there is a greater risk of decrease in health and amenity.

Town planning

Neutral impact

 

Red tape reduction and savings in resources should offset the loss of fees and greater enforcement costs.

Low positive impact

 

Reduced barrier to entry - however this is not seen as being a large benefit given that the permit fees are not substantial.

Low negative impact

 

There is the potential for lower costs but this may be offset by operators not meeting standards.

Low negative impact

 

Potential for a greater monitoring role.

Low positive

 

There will be opportunity to provide submissions about any new proposals.

 

Overall, the analysis of costs and benefits has determined there would a net cost in moving to a negative licensing regime.  The only stakeholder group to obtain any benefits from the change to negative licensing would seem to be the operators and this benefit to them is quite low.  Therefore, the permit regime should not be changed to a negative licensing regime.

With respect to repealing the anti-competitive provisions from the local law and relying on the town planning scheme, the analysis of costs and benefits has determined that there may be a negligible benefit to the community as a whole.  Costs to both the Council and the operators may be reduced.  If standards are enforced by the Council there should be no decrease in amenity nor increase in health and safety risks.

RECOMMENDATIONS

Each possible anti-competitive provision reviewed is an anti-competitive provision and should be retained in its current form in the public interest.

 

 

 

 


Attachment 5

Submission - Commerce Roma - Public Interest Testing of Local & Subordinate Laws

 


Attachment 6

Submission - Kirra Laverty - Local & Subordinate Law No 2

 

From:squirrel-lee Laverty[SMTP:squirrel-lee@hotmail.com]

To:LocalLawReview[EX:/O=ROMA REGIONAL COUNCIL/OU=First Administrative Group/cn=Recipients/cn=LocalLawReview]

Received-Date:20110927

Received-Time:10:09:46 AM

Sent-Date:20110927

Sent-Time:10:09:49 AM

Subject:Untitled Message

 

To whom it may concern;

 

 

 

I am writing regarding the proposed animal prohibitions, specifically relating to the keeping of pigs.

 

 

 

While I understand Council only proposes one ruling for pigs which encompasses all types of pigs, it would be appreciated if Council gave consideration to allow the keeping of teacup or miniature pigs on allotments within the town area. 

 

 

 

I understand Council’s position by not allowing large domestic pigs within the town area, however teacup pigs grow to be no larger than a mid-size dog, such as a cocker spaniel.   I feel that considerations should be made in favour of allowing the keep of teacup pig, especially when there are no restrictions on the size of dogs allowed within the town area.  I would be supportive of a prohibition of more than 1 teacup or miniature pigs on an allotment in a town area. 

 

 

 

Teacup pigs are very clean, social and intelligent and I would appreciated Council’s consideration in this matter when finalising the local laws.

 

 

 

Kind regards,

 

Kirra Laverty

 


Attachment 7

Submission - Camille Johnson - Local & Subordinate Law No. 2 - 2011

 

From:Camille Johnson[SMTP:cjohnson@GoldenWest.org.au]

To:LocalLawReview[EX:/O=ROMA REGIONAL COUNCIL/OU=First Administrative Group/cn=Recipients/cn=LocalLawReview]

Received-Date:20110926

Received-Time:9:57:28 AM

Sent-Date:20110926

Sent-Time:9:57:32 AM

Subject:Local Law No. 2 (Animal Management) 2011 and Subordinate Local Law No. 2 (Animal Management) 2011

 

To whom it may concern;

 

 

 

I am writing regarding the proposed animal prohibitions, specifically relating to the keeping of pigs.

 

 

 

While I understand Council only proposes one ruling for pigs which encompasses all types of pigs, it would be appreciated if Council gave consideration to allow the keeping of teacup or miniature pigs on allotments within the town area. 

 

 

 

I understand Council’s position by not allowing large domestic pigs within the town area, however teacup pigs grow to be no larger than a mid-size dog, such as a cocker spaniel.   I feel that considerations should be made in favour of allowing the keep of teacup pig, especially when there are no restrictions on the size of dogs allowed within the town area.  I would be supportive of a prohibition of more than 1 teacup or miniature pigs on an allotment in a town area. 

 

 

 

Teacup pigs are very clean, social and intelligent and I would appreciated Council’s consideration in this matter when finalising the local laws.

 

 

 

Kind regards,

 

Camille Johnson

 

 

 


Attachment 8

Public Submission - Coomber Bros - Public Interest Testing of Local & Subordinate Laws

 

From:Coomber Bros Jewellers[SMTP:sales@coomberbros.com.au]

To:LocalLawReview[EX:/O=ROMA REGIONAL COUNCIL/OU=First Administrative Group/cn=Recipients/cn=LocalLawReview]

Cc:Cameron O'Neil[SMTP:camerono@qmdc.org.au]

Received-Date:20110924

Received-Time:12:22:39 PM

Sent-Date:20110924

Sent-Time:12:25:03 PM

Subject:Public Interest Testing of Local Laws and Subordinate Local Laws

 

We have recently received a letter from Council asking us to consult with Council and make submissions in relation to the proposed local laws and sunordinate local laws.

 

The law which council has advised that pertains to our concerns is

Subordinate Local Law No. 15

Section 2.

 

As discussed with employees of Council on several occasions and a letter of concern being sent to Council about the following matter.

 

Many weeks of the year there are stalls set up in the main street and/or main shopping streets, selling items that can be found in many shops in Roma and in many cases in a shop near the stall.  These stalls are in prime shopping positions and only pay a minimum amount of money to be there on any given day. While anyone owning a building here has paid top price for its position and then also pays hefty rates every year. If the building is leased, these costs flow onto the retailer.

 

Last year our rates went up by 9%.  We pay approx $10000 in rates to Council to be in the main street with not much given back in return. This year we are also looking at another 8% rise? I find it offensive that Council are allowing someone who is in direct competition to not only us but many other stores be allowed to sell off tables in a prime main street position for trival sum of money.

 

There is enough competition for Roma retailers with the increase in internet use, and also due to the ease of travel, other retailers from here to Toowoomba.

 

We propose that they not be allowed within at least 500m of any other shop that sells any item the same or similiar.  And that charges are 3 times dearer than having a shop in the main street. Based on approximately 270 trading days per year (I have not had a chance to check this exactly) and the cost of my rates for the last financial year ($37/day), I would suggest a fee of $110 per day. This amount would then increase at the same rate as our rates. Obviously any non-profit organisation or people not selling goods (eg raffles) would have this fee wavered.

 

I welcome a response and opportunity to further discuss this with the person handling the matter and/or Members of the Council.

 

 

Regards,

 

 

Gary Schefe

Coomber Bros Jewellers, Roma

 

 


Maranoa Regional Council

    

General Meeting -  26 October 2011

Officer Report

Meeting: General  26 October 2011

Date: 14 October 2011

Item Number: 14.1

File Number: D11/30498

 

Subject Heading:                     Material Change of Use - Undefined Use (Temporary Workers' Camp - 1008 persons in five stages) File No.: C12.422

Classification:                                  Open Access  

Name of Applicant:                         FK Gardner & Sons Pty Ltd C/- John Jones

Location:                                           Cnr Warrego Highway & Carnarvon Highways, Roma Qld 4455 (Lot 6 on RP277971)

Author & Officer’s Title:                 Robert Hayward, Director Planning & Environment

 

 

Executive Summary: 

This application seeks to carry out a Material Change of Use – Undefined Use (Temporary Workers’ Camp - 1008 persons in 5 stages) on land at corner Warrego and Carnarvon Highways, Roma Qld 4455 and described as Lot 6 on RP227971.  The proposal will establish a Temporary Workers’ Camp of 1008 units in 5 stages.

 

Officer’s Recommendation: 

Council approve the application for a Material Change of Use – Undefined Use (Temporary Workers’ Camp – 1008 persons in 5 stages) at corner Warrego and Carnarvon Highways, Roma Qld 4455 and described as Lot 6 on RP227971, subject to the following conditions:

 

Development Permit for Material Change of Use – Undefined Use (Temporary Workers’ Accommodation- 112 persons)

- Stage 1 -

at

CNR WARREGO & CARNARVON HIGHWAYS, ROMA QLD 4455 - LOT 6 ON RP227971.

 

Complete and Maintain

1.         Complete and maintain the approved development as follows: (i) generally in accordance with development approval documents and (ii) strictly in accordance with those parts of the approved development which have been specified in detail by the Council or Referral Agency unless the Council or Referral Agency agrees in writing that those parts will be adequately complied with by amended specifications.

2.         Complete and maintain all operational, building and plumbing and drainage work associated with this development approval, including work required by any of the development approval conditions.

3.         Maintain the approved development being Material Change of Use (Temporary Workers’ Accommodation – Stage 1 - 112 persons) in accordance with the approved plans:

Plan / Document number

Plan/Document name

Date

1035.002 Issue B

Master Site Plan

18/03/2011

1035.003 Issue B

Stage 1 Site Plan

18/03/2011

1035-004 Issue B

As Amended in Red

Landscape Plan and Site Section - Stage 1

18/03/2011

1035.101 Issue B

Accommodation Building Floor Plan

18/03/2011

1035-102 Issue B

Amenity Building Details

22/02/2011

1035-103 Issue A

Maintenance Shed Details

18/03/2011

1035.104 Issue A

Office and Training Details

18/03/2011

1035-201 Issue B

Accommodation Building Elevations

18/03/2011

1035.301 Issue B

Accommodation Building Sections

18/03/2011

 

Stormwater and Drainage

4.         Stormwater must not be allowed to pond on the property being developed during the development process and after development has been completed unless the type and size of ponding has been agreed in writing by the Council or as a specific development approval condition.

5.         Any increases in volume, concentration or velocity of stormwater from the property being developed must be channeled to lawful points of discharge or to other storage or dispersal arrangements which must all be agreed in writing by the Council.

6.         There must be no increases in any silt loads or contaminants in any overland flow from the property being developed during the development process and after development have been completed.

7.         The stormwater disposal system must be designed to include appropriate pollution control devices or methods to ensure no contamination or silting of creeks or other waterways.

8.         Soil erosion and sediment is controlled in accordance with Schedule 6: “Standards for Stormwater Drainage”.

Erosion Control

9.         If there is a possibility of erosion or silt or other materials being washed off the property being developed during the development process, the developer must document and implement a management plan that prevents this from occurring.

10.       During construction, soil erosion and sediment is to be managed in accordance with Schedule 7: “Standards for Construction Activity”.

Services Provisions

11.       The site must be provided with on-site effluent disposal systems designed in accordance with Schedule 5: “Standards for Sewerage Supply”.

12.       The site must be provided with a water connection, up to but excluding a water meter, to the water distribution network.

13.       All services installation, including sewer, water, gas, electricity and telecommunications connections to the respective networks, must comply with (i) the development approval conditions, (ii) any relevant provisions in the planning scheme for the area, (iii) Council’s standard designs for such work where such designs exist  (iv) the EDROC Standards Manual where it applies (v) any relevant Australian Standard that applies to that type of work and (vi) any alternative specifications that Council has agreed to in writing and which the developer must ensure do not conflict with any requirements imposed by any applicable laws and standards.

Rubbish Collection

14.       At all times while the use continues, waste containers shall be maintained in a clean and tidy state and shall be emptied and the waste removed from the site on a regular basis.

Access, Roads, Landscaping and Lighting

15.       Vehicle manoeuvring areas must be provided on-site so that all vehicles can enter and leave the site in a forward direction.

16.       The landowner shall be responsible for construction and maintenance of vehicle crossovers from the road carriageway to the property boundary and for obtaining any approvals that may be required and for complying with the applicable designs and standards.

17.       All landscaping, streetscaping, vehicular access, parking, roads, bikeways, footpaths, street lighting, parks, street plantings, street furniture and related items must comply with (i) the development approval conditions, (ii) any relevant provisions in the planning scheme for the area, (iii) Council’s standard designs for such work where such designs exist  (iv) Schedule 2: “Standards for Roads, Car Parking, Access and Manoeuvring Areas” (v) any relevant Australian Standard that applies to that type of work and (vi) any alternative specifications that Council has agreed to in writing and which the developer must ensure do not conflict with any requirements imposed by any applicable laws and standards.

18.       Provide a total of 187 car parking spaces on the site in accordance with the approved plans.

19.       All carparking spaces and driveway areas are to be sealed with an approved impervious surface. Surfacing shall consist of either patterned, reinforced concrete, concrete pavers, segmental clay pavers, asphaltic hotmix or two coat (primerseal/seal) bitumen seal.

20.       Services and infrastructure required in connection with the establishment of the approved development must be provided at no cost to Council.

21.       Landscaping shall be undertaken in accordance with approved Plan No. 1035-004 Issue B Landscape Plan and Site Section - Stage 1 dated 18/03/2011 As Amended in Red prior to the commencement of the use. 

22.       Any damage to roads and infrastructure that is attributable to the progress of works on the site or vehicles associated with the development of the site, must be repaired to Council’s satisfaction or the cost of repairs paid to Council. 

Avoiding Nuisance

23.       Lighting of the site, including any security lighting, shall be such that the lighting intensity does not exceed 8.0 lux at a distance of 1.5 metres from the site at any property boundary.

24.       All lighting shall be directed or shielded so as to ensure that no glare directly affects nearby properties.

25.       Any airconditioning, generator, refrigeration, pump, exhaust, fans, processing or other equipment must be acoustically screened to ensure noise levels do not exceed 5dB  above the background noise level.

Buildings

26.       All buildings are to comply with the approval documents.

Advertising Signs

27.       Any proposed advertising devices shall be subject to a further development application and planning approval unless the advertising devices are in accordance with the exempt or self assessable requirements of the relevant Council planning scheme.

No Cost to Council

28.       The developer is responsible for meeting all costs associated with the approved development unless there is specific agreement by other parties, including the Council, to meeting those costs.

29.       Any conflicts associated with proposed and existing services shall be forwarded by the developer to the appropriate controlling authority for approval for any proposed changes.

30.       All civil and related work shall be designed and supervised by RPEQ Registered Professional Engineers of Queensland (RPEQ) who are competent in the construction of the works.

Use

31.       All development approval conditions related to the establishment of the approved development must be fulfilled prior to any approved use commencing.

32.       No nuisance is to be caused to adjoining properties and occupiers by the way of noise, odour, smoke, dust, vibration, rubbish, contaminants, stormwater discharge or siltation at any time.

33.       The Temporary Workers’ Accommodation is limited to an operating time of 10 years from the commencement of the use if further Stages are not constructed within 4 years of commencement of Stage 1.  The site must be returned to its original state with all buildings removed from the site within 3 months of the lapsing of the development permit.    Applicant to advice of date of commencement of Stage 1.

Note: the diagram below is not a condition but provides a diagrammatic representation of condition 33 where stage 1 is completed and the applicant does not proceed with any other stages.

 

Development Permit for Material Change of Use – Undefined Use (Temporary Workers’ Accommodation- 112 persons)

- Stage 2 -

At CNR WARREGO & CARNARVON HIGHWAYS, ROMA QLD 4455 - LOT 6 ON RP227971.

 

Complete and Maintain

 

34.       Complete and maintain the approved development as follows: (i) generally in accordance with development approval documents and (ii) strictly in accordance with those parts of the approved development which have been specified in detail by the Council or Referral Agency unless the Council or Referral Agency agrees in writing that those parts will be adequately complied with by amended specifications.

 

35.       Complete and maintain all operational, building and plumbing and drainage work associated with this development approval, including work required by any of the development approval conditions.

 

36.       Maintain the approved development being Material Change of Use (Temporary Workers’ Accommodation – Stage 2 - 112 persons) in accordance with the approved plans:

 

Plan/Document number

Plan/Document name

Date

1035.002 Issue B

Master Site Plan

18/03/2011

1035-004 Issue B

As Amended In Red

Landscape Plan and Site Section - Stage 2

18/03/2011

1035.005 Issue B

As Amended in Red

Stage 2 Site Plan

18/03/2011

1035.101 Issue B

Accommodation Building Floor Plan

18/03/2011

1035-201 Issue B

Accommodation Building Elevations

18/03/2011

1035.301 Issue B

Accommodation Building Sections

18/03/2011

 

Stormwater and Drainage

 

37.       Stormwater must not be allowed to pond on the property being developed during the development process and after development has been completed unless the type and size of ponding has been agreed in writing by the Council or as a specific development approval condition.

 

38.       Any increases in volume, concentration or velocity of stormwater from the property being developed must be channelled to lawful points of discharge or to other storage or dispersal arrangements which must all be agreed in writing by the Council.

 

39.       There must be no increases in any silt loads or contaminants in any overland flow from the property being developed during the development process and after development have been completed.

 

40.       The stormwater disposal system must be designed to include appropriate pollution control devices or methods to ensure no contamination or silting of creeks or other waterways.

 

41.       Soil erosion and sediment is controlled in accordance with Schedule 6: “Standards for Stormwater Drainage”.

 

Erosion Control

 

42.       If there is a possibility of erosion or silt or other materials being washed off the property being developed during the development process, the developer must document and implement a management plan that prevents this from occurring.

 

43.       During construction, soil erosion and sediment is to be managed in accordance with Schedule 7: “Standards for Construction Activity”.

 

Services Provisions

 

44.       The site must be provided with on-site effluent disposal systems designed in accordance with Schedule 5: “Standards for Sewerage Supply”.

 

45.       The site must be provided with a water connection, up to but excluding a water meter, to the water distribution network.

 

46.       All services installation, including sewer, water, gas, electricity and telecommunications connections to the respective networks, must comply with (i) the development approval conditions, (ii) any relevant provisions in the planning scheme for the area, (iii) Council’s standard designs for such work where such designs exist  (iv) the EDROC Standards Manual where it applies (v) any relevant Australian Standard that applies to that type of work and (vi) any alternative specifications that Council has agreed to in writing and which the developer must ensure do not conflict with any requirements imposed by any applicable laws and standards.

 

Rubbish Collection

 

47.       At all times while the use continues, waste containers shall be maintained in a clean and tidy state and shall be emptied and the waste removed from the site on a regular basis.

 

Access, Roads, Landscaping and Lighting

 

48.       Vehicle manoeuvring areas must be provided on-site so that all vehicles can enter and leave the site in a forward direction.

 

49.       The landowner shall be responsible for construction and maintenance of vehicle crossovers from the road carriageway to the property boundary and for obtaining any approvals that may be required and for complying with the applicable designs and standards.

 

50.       All landscaping, streetscaping, vehicular access, parking, roads, bikeways, footpaths, street lighting, parks, street plantings, street furniture and related items must comply with (i) the development approval conditions, (ii) any relevant provisions in the planning scheme for the area, (iii) Council’s standard designs for such work where such designs exist  (iv) Schedule 2: “Standards for Roads, Car Parking, Access and Manoeuvring Areas” (v) any relevant Australian Standard that applies to that type of work and (vi) any alternative specifications that Council has agreed to in writing and which the developer must ensure do not conflict with any requirements imposed by any applicable laws and standards.

 

51.       Maintain a total of 187 existing car parking spaces on the site, for use by Stages 1 and 2 in accordance with the approved plans. 

 

52.       All carparking spaces and driveway areas are to be sealed with an approved impervious surface. Surfacing shall consist of either patterned, reinforced concrete, concrete pavers, segmental clay pavers, asphaltic hotmix or two coat (primerseal/seal) bitumen seal.

 

53.       Services and infrastructure required in connection with the establishment of the approved development must be provided at no cost to Council.

 

54.       Landscaping shall be undertaken in accordance with approved Plan No. 1035-004 Issue B Landscape Plan and Site Section - Stage 2 dated 18/03/2011 As Amended in Red prior to the commencement of the use. 

 

55.       Any damage to roads and infrastructure that is attributable to the progress of works on the site or vehicles associated with the development of the site, must be repaired to Council’s satisfaction or the cost of repairs paid to Council. 

 

Avoiding Nuisance

 

56.       Lighting of the site, including any security lighting, shall be such that the lighting intensity does not exceed 8.0 lux at a distance of 1.5 metres from the site at any property boundary.

 

57.       All lighting shall be directed or shielded so as to ensure that no glare directly affects nearby properties.

 

58.       Any airconditioning, generator, refrigeration, pump, exhaust, fans, processing or other equipment must be acoustically screened to ensure noise levels do not exceed 5dB  above the background noise level.

 

Buildings

 

59.       All buildings are to comply with the approval documents.

 

Advertising Signs

 

60.       Any proposed advertising devices shall be subject to a further development application and planning approval unless the advertising devices are in accordance with the exempt or self assessable requirements of the relevant Council planning scheme.

 

No Cost to Council

 

61.       The developer is responsible for meeting all costs associated with the approved development unless there is specific agreement by other parties, including the Council, to meeting those costs.

 

62.       Any conflicts associated with proposed and existing services shall be forwarded by the developer to the appropriate controlling authority for approval for any proposed changes.

 

63.       All civil and related work shall be designed and supervised by RPEQ Registered Professional Engineers of Queensland (RPEQ) who are competent in the construction of the works.

 

Use

 

64.       All development approval conditions related to the establishment of the approved development must be fulfilled prior to any approved use commencing.

 

65.       No nuisance is to be caused to adjoining properties and occupiers by the way of noise, odour, smoke, dust, vibration, rubbish, contaminants, stormwater discharge or siltation at any time.

 

66.       The Temporary Workers’ Accommodation is limited to an operating time of 10 years from the commencement of the use if further Stages are not constructed within 4 years of commencement of Stage 2.  The site must be returned to its original state with all buildings removed from the site within 3 months of the lapsing of the development permit.    Applicant to advice of date of commencement of Stage 2.

 

Note: the diagram below is not a condition but provides a diagrammatic representation of condition 66 where stages 1 and 2 are completed and the applicant does not proceed with any other stages.

 

Development Permit for Material Change of Use – Undefined Use (Temporary Workers’ Accommodation- 112 persons)

- Stage 3 -

at

CNR WARREGO & CARNARVON HIGHWAYS, ROMA QLD 4455 - LOT 6 ON RP227971.

 

Complete and Maintain

 

67.       Complete and maintain the approved development as follows: (i) generally in accordance with development approval documents and (ii) strictly in accordance with those parts of the approved development which have been specified in detail by the Council or Referral Agency unless the Council or Referral Agency agrees in writing that those parts will be adequately complied with by amended specifications.

 

68.       Complete and maintain all operational, building and plumbing and drainage work associated with this development approval, including work required by any of the development approval conditions.

 

69.       Maintain the approved development being Material Change of Use (Temporary Workers’ Accommodation – Stage 3 - 112 persons) in accordance with the approved plans:

 

 

Plan/Document number

Plan/Document name

Date

1035.002 Issue B

Master Site Plan

18/03/2011

1035-004 Issue B

As Amended in Red

Landscape Plan and Site Section - Stage 3

18/03/2011

1035.006 Issue A

As Amended in Red

Stage 3 Site Plan

18/03/2011

1035.101 Issue B

Accommodation Building Floor Plan

18/03/2011

1035-201 Issue B

Accommodation Building Elevations

18/03/2011

1035.301 Issue B

Accommodation Building Sections

18/03/2011

 

Stormwater and Drainage

 

70.       Stormwater must not be allowed to pond on the property being developed during the development process and after development has been completed unless the type and size of ponding has been agreed in writing by the Council or as a specific development approval condition.

 

71.       Any increases in volume, concentration or velocity of stormwater from the property being developed must be channelled to lawful points of discharge or to other storage or dispersal arrangements which must all be agreed in writing by the Council.

 

72.       There must be no increases in any silt loads or contaminants in any overland flow from the property being developed during the development process and after development have been completed.

 

73.       The stormwater disposal system must be designed to include appropriate pollution control devices or methods to ensure no contamination or silting of creeks or other waterways.

 

74.       Soil erosion and sediment is controlled in accordance with Schedule 6: “Standards for Stormwater Drainage”.

 

Erosion Control

 

75.       If there is a possibility of erosion or silt or other materials being washed off the property being developed during the development process, the developer must document and implement a management plan that prevents this from occurring.

 

76.       During construction, soil erosion and sediment is to be managed in accordance with Schedule 7: “Standards for Construction Activity”.

 

Services Provisions

 

77.       The site must be provided on-site effluent disposal systems designed in accordance with Schedule 5: “Standards for Sewerage Supply”.

 

78.       The site must be provided with a water connection, up to but excluding a water meter, to the water distribution network.

 

79.       All services installation, including sewer, water, gas, electricity and telecommunications connections to the respective networks, must comply with (i) the development approval conditions, (ii) any relevant provisions in the planning scheme for the area, (iii) Council’s standard designs for such work where such designs exist  (iv) the EDROC Standards Manual where it applies (v) any relevant Australian Standard that applies to that type of work and (vi) any alternative specifications that Council has agreed to in writing and which the developer must ensure do not conflict with any requirements imposed by any applicable laws and standards.

 

Rubbish Collection

 

80.       At all times while the use continues, waste containers shall be maintained in a clean and tidy state and shall be emptied and the waste removed from the site on a regular basis.

 

Access, Roads, Landscaping and Lighting

 

81.       Vehicle manoeuvring areas must be provided on-site so that all vehicles can enter and leave the site in a forward direction.

 

82.       The landowner shall be responsible for construction and maintenance of vehicle crossovers from the road carriageway to the property boundary and for obtaining any approvals that may be required and for complying with the applicable designs and standards.

 

83.       All landscaping, streetscaping, vehicular access, parking, roads, bikeways, footpaths, street lighting, parks, street plantings, street furniture and related items must comply with (i) the development approval conditions, (ii) any relevant provisions in the planning scheme for the area, (iii) Council’s standard designs for such work where such designs exist  (iv) Schedule 2: “Standards for Roads, Car Parking, Access and Manoeuvring Areas” (v) any relevant Australian Standard that applies to that type of work and (vi) any alternative specifications that Council has agreed to in writing and which the developer must ensure do not conflict with any requirements imposed by any applicable laws and standards.

 

84.       Maintain a total of 187 existing car parking spaces on the site, for use by Stages 1, 2 and 3 in accordance with the approved plans. 

 

85.       All carparking spaces and driveway areas are to be sealed with an approved impervious surface. Surfacing shall consist of either patterned, reinforced concrete, concrete pavers, segmental clay pavers, asphaltic hotmix or two coat (primerseal/seal) bitumen seal.

 

86.       Services and infrastructure required in connection with the establishment of the approved development must be provided at no cost to Council.

 

87.       Landscaping shall be undertaken in accordance with approved Plan No. 1035-004 Issue B Landscape Plan and Site Section - Stage 3 dated 18/03/2011 As Amended in Red prior to the commencement of the use. 

 

88.       Any damage to roads and infrastructure that is attributable to the progress of works on the site or vehicles associated with the development of the site, must be repaired to Council’s satisfaction or the cost of repairs paid to Council. 

 

Avoiding Nuisance

 

89.       Lighting of the site, including any security lighting, shall be such that the lighting intensity does not exceed 8.0 lux at a distance of 1.5 metres from the site at any property boundary.

 

90.       All lighting shall be directed or shielded so as to ensure that no glare directly affects nearby properties.

 

91.       Any airconditioning, generator, refrigeration, pump, exhaust, fans, processing or other equipment must be acoustically screened to ensure noise levels do not exceed 5dB  above the background noise level.

 

Buildings

 

92.       All buildings are to comply with the approval documents.

 

Advertising Signs

 

93.       Any proposed advertising devices shall be subject to a further development application and planning approval unless the advertising devices are in accordance with the exempt or self assessable requirements of the relevant Council planning scheme.

 

No Cost to Council

 

94.       The developer is responsible for meeting all costs associated with the approved development unless there is specific agreement by other parties, including the Council, to meeting those costs.

 

95.       Any conflicts associated with proposed and existing services shall be forwarded by the developer to the appropriate controlling authority for approval for any proposed changes.

 

96.       All civil and related work shall be designed and supervised by RPEQ Registered Professional Engineers of Queensland (RPEQ) who are competent in the construction of the works.

 

Use

 

97.       All development approval conditions related to the establishment of the approved development must be fulfilled prior to any approved use commencing.

 

98.       No nuisance is to be caused to adjoining properties and occupiers by the way of noise, odour, smoke, dust, vibration, rubbish, contaminants, stormwater discharge or siltation at any time. 

 

99.       The Temporary Workers’ Accommodation is limited to an operating time of 5 years from the commencement of the use if further Stages are not constructed within 3 years of commencement of Stage 3.  The site must be returned to its original state with all buildings removed from the site within 3 months of the lapsing of the development permit.    Applicant to advice of date of commencement of Stage 3.   

 

Note: the diagram below is not a condition but provides a diagrammatic representation of condition 99 where stages 1, 2 and 3 are completed and the applicant does not proceed with any other stages.

 

Development Permit for Material Change of Use – Undefined Use (Temporary Workers’ Accommodation- 336 persons)

- Stage 4 -

at

CNR WARREGO & CARNARVON HIGHWAYS, ROMA QLD 4455 - LOT 6 ON RP227971.

 

Complete and Maintain

 

100.    Complete and maintain the approved development as follows: (i) generally in accordance with development approval documents and (ii) strictly in accordance with those parts of the approved development which have been specified in detail by the Council or Referral Agency unless the Council or Referral Agency agrees in writing that those parts will be adequately complied with by amended specifications.

 

101.    Complete and maintain all operational, building and plumbing and drainage work associated with this development approval, including work required by any of the development approval conditions.

 

102.    Maintain the approved development being Material Change of Use (Temporary Workers’ Accommodation – Stage 4 - 336 persons) in accordance with the approved plans:

 

Plan/Document number

Plan/Document name

Date

1035.002 Issue B

Master Site Plan

18/03/2011

1035-004 Issue B

As Amended in Red

Landscape Plan and Site Section - Stage 4

18/03/2011

1035.007 Issue A

As Amended in Red

Stage 4 Site Plan

18/03/2011

1035.101 Issue B

Accommodation Building Floor Plan

18/03/2011

1035-102 Issue B

Amenity Building Details

22/02/2011

1035.105 Issue A

Typical BBQ Area Details

18/03/2011

1035-201 Issue B

Accommodation Building Elevations

18/03/2011

1035.301 Issue B

Accommodation Building Sections

18/03/2011

 

Stormwater and Drainage

 

103.    Stormwater must not be allowed to pond on the property being developed during the development process and after development has been completed unless the type and size of ponding has been agreed in writing by the Council or as a specific development approval condition.

 

104.    Any increases in volume, concentration or velocity of stormwater from the property being developed must be channelled to lawful points of discharge or to other storage or dispersal arrangements which must all be agreed in writing by the Council.

 

105.    There must be no increases in any silt loads or contaminants in any overland flow from the property being developed during the development process and after development have been completed.

 

106.    The stormwater disposal system must be designed to include appropriate pollution control devices or methods to ensure no contamination or silting of creeks or other waterways.

 

107.    Soil erosion and sediment is controlled in accordance with Schedule 6: “Standards for Stormwater Drainage”.

 

Erosion Control

 

108.    If there is a possibility of erosion or silt or other materials being washed off the property being developed during the development process, the developer must document and implement a management plan that prevents this from occurring.

 

109.    During construction, soil erosion and sediment is to be managed in accordance with Schedule 7: “Standards for Construction Activity”.

 

Services Provisions

 

110.    The site must be provided with on-site effluent disposal systems designed in accordance with Schedule 5: “Standards for Sewerage Supply”.

 

111.    The site must be provided with a water connection, up to but excluding a water meter, to the water distribution network.

 

112.    All services installation, including sewer, water, gas, electricity and telecommunications connections to the respective networks, must comply with (i) the development approval conditions, (ii) any relevant provisions in the planning scheme for the area, (iii) Council’s standard designs for such work where such designs exist  (iv) the EDROC Standards Manual where it applies (v) any relevant Australian Standard that applies to that type of work and (vi) any alternative specifications that Council has agreed to in writing and which the developer must ensure do not conflict with any requirements imposed by any applicable laws and standards.

 

Rubbish Collection

 

113.    At all times while the use continues, waste containers shall be maintained in a clean and tidy state and shall be emptied and the waste removed from the site on a regular basis.

 

Access, Roads, Landscaping and Lighting

 

114.    Vehicle manoeuvring areas must be provided on-site so that all vehicles can enter and leave the site in a forward direction.

 

115.    The landowner shall be responsible for construction and maintenance of vehicle crossovers from the road carriageway to the property boundary and for obtaining any approvals that may be required and for complying with the applicable designs and standards.

 

116.    All landscaping, streetscaping, vehicular access, parking, roads, bikeways, footpaths, street lighting, parks, street plantings, street furniture and related items must comply with (i) the development approval conditions, (ii) any relevant provisions in the planning scheme for the area, (iii) Council’s standard designs for such work where such designs exist  (iv) Schedule 2: “Standards for Roads, Car Parking, Access and Manoeuvring Areas” (v) any relevant Australian Standard that applies to that type of work and (vi) any alternative specifications that Council has agreed to in writing and which the developer must ensure do not conflict with any requirements imposed by any applicable laws and standards.

 

117.    Provide an additional 187 car parking spaces on the site bringing the total number of car parking spaces to 374 spaces including a bus bay/drop-off bay in accordance with the approved plans.

 

118.    All carparking spaces and driveway areas are to be sealed with an approved impervious surface. Surfacing shall consist of either patterned, reinforced concrete, concrete pavers, segmental clay pavers, asphaltic hotmix or two coat (primerseal/seal) bitumen seal.

 

119.    Services and infrastructure required in connection with the establishment of the approved development must be provided at no cost to Council.

 

120.    Landscaping shall be undertaken in accordance with approved Plan No. 1035-004 Issue B Landscape Plan and Site Section - Stage 4 dated 18/03/2011 As Amended in Red prior to the commencement of the use. 

 

121.    Any damage to roads and infrastructure that is attributable to the progress of works on the site or vehicles associated with the development of the site, must be repaired to Council’s satisfaction or the cost of repairs paid to Council. 

 

Avoiding Nuisance

 

122.    Lighting of the site, including any security lighting, shall be such that the lighting intensity does not exceed 8.0 lux at a distance of 1.5 metres from the site at any property boundary.

 

123.    All lighting shall be directed or shielded so as to ensure that no glare directly affects nearby properties.

 

124.    Any airconditioning, generator, refrigeration, pump, exhaust, fans, processing or other equipment must be acoustically screened to ensure noise levels do not exceed 5dB  above the background noise level.

 

Buildings

 

125.    All buildings are to comply with the approval documents.

 

Advertising Signs

 

126.    Any proposed advertising devices shall be subject to a further development application and planning approval unless the advertising devices are in accordance with the exempt or self assessable requirements of the relevant Council planning scheme.

 

No Cost to Council

 

127.    The developer is responsible for meeting all costs associated with the approved development unless there is specific agreement by other parties, including the Council, to meeting those costs.

 

128.    Any conflicts associated with proposed and existing services shall be forwarded by the developer to the appropriate controlling authority for approval for any proposed changes.

 

129.    All civil and related work shall be designed and supervised by RPEQ Registered Professional Engineers of Queensland (RPEQ) who are competent in the construction of the works.

 

Use

 

130.    All development approval conditions related to the establishment of the approved development must be fulfilled prior to any approved use commencing.

 

131.    No nuisance is to be caused to adjoining properties and occupiers by the way of noise, odour, smoke, dust, vibration, rubbish, contaminants, stormwater discharge or siltation at any time. 

 

132.    The Temporary Workers’ Accommodation is limited to an operating time of 5 years from the commencement of the use if further Stages are not constructed within 3 years of commencement of Stage 4.  The site must be returned to its original state with all buildings removed from the site within 3 months of the lapsing of the development permit.    Applicant to advice of date of commencement of Stage 4.    

 

Note: the diagram below is not a condition but provides a diagrammatic representation of condition 132 where stages 1, 2, 3 and 4 are completed and the applicant does not proceed with any other stages.

Development Permit for Material Change of Use – Undefined Use (Temporary Workers’ Accommodation- 336 persons)

- Stage 5 -

at

CNR WARREGO & CARNARVON HIGHWAYS, ROMA QLD 4455 - LOT 6 ON RP227971.

 

Complete and Maintain

 

133.    Complete and maintain the approved development as follows: (i) generally in accordance with development approval documents and (ii) strictly in accordance with those parts of the approved development which have been specified in detail by the Council or Referral Agency unless the Council or Referral Agency agrees in writing that those parts will be adequately complied with by amended specifications.

 

134.    Complete and maintain all operational, building and plumbing and drainage work associated with this development approval, including work required by any of the development approval conditions.

 

135.    Maintain the approved development being Material Change of Use (Temporary Workers’ Accommodation – Stage 5 - 336 persons) in accordance with the approved plans:

 

Plan/Document number

Plan/Document name

Date

1035.002 Issue B

Master Site Plan

18/03/2011

1035-004 Issue B

As Amended in Red

Landscape Plan and Site Section - Stage 5

18/03/2011

1035.008 Issue A

As Amended in Red

Stage 5 Site Plan

18/03/2011

1035.101 Issue B

Accommodation Building Floor Plan

18/03/2011

1035-102 Issue B

Amenity Building Details

22/02/2011

1035.105 Issue A

Typical BBQ Area Details

18/03/2011

1035-201 Issue B

Accommodation Building Elevations

18/03/2011

1035.301 Issue B

Accommodation Building Sections

18/03/2011

 

Stormwater and Drainage

 

136.    Stormwater must not be allowed to pond on the property being developed during the development process and after development has been completed unless the type and size of ponding has been agreed in writing by the Council or as a specific development approval condition.

 

137.    Any increases in volume, concentration or velocity of stormwater from the property being developed must be channelled to lawful points of discharge or to other storage or dispersal arrangements which must all be agreed in writing by the Council.

 

138.    There must be no increases in any silt loads or contaminants in any overland flow from the property being developed during the development process and after development have been completed.

 

139.    The stormwater disposal system must be designed to include appropriate pollution control devices or methods to ensure no contamination or silting of creeks or other waterways.

 

140.    Soil erosion and sediment is controlled in accordance with Schedule 6: “Standards for Stormwater Drainage”.

 

Erosion Control

 

141.    If there is a possibility of erosion or silt or other materials being washed off the property being developed during the development process, the developer must document and implement a management plan that prevents this from occurring.

 

142.    During construction, soil erosion and sediment is to be managed in accordance with Schedule 7: “Standards for Construction Activity”.

 

Services Provisions

 

143.    The site must be provided on-site effluent disposal systems designed in accordance with Schedule 5: “Standards for Sewerage Supply”.

 

144.    The site must be provided with a water connection, up to but excluding a water meter, to the water distribution network.

 

145.    All services installation, including sewer, water, gas, electricity and telecommunications connections to the respective networks, must comply with (i) the development approval conditions, (ii) any relevant provisions in the planning scheme for the area, (iii) Council’s standard designs for such work where such designs exist  (iv) the EDROC Standards Manual where it applies (v) any relevant Australian Standard that applies to that type of work and (vi) any alternative specifications that Council has agreed to in writing and which the developer must ensure do not conflict with any requirements imposed by any applicable laws and standards.

 

Rubbish Collection

 

146.    At all times while the use continues, waste containers shall be maintained in a clean and tidy state and shall be emptied and the waste removed from the site on a regular basis.

 

Access, Roads, Landscaping and Lighting

 

147.    Vehicle manoeuvring areas must be provided on-site so that all vehicles can enter and leave the site in a forward direction.

 

148.    The landowner shall be responsible for construction and maintenance of vehicle crossovers from the road carriageway to the property boundary and for obtaining any approvals that may be required and for complying with the applicable designs and standards.

 

149.    All landscaping, streetscaping, vehicular access, parking, roads, bikeways, footpaths, street lighting, parks, street plantings, street furniture and related items must comply with (i) the development approval conditions, (ii) any relevant provisions in the planning scheme for the area, (iii) Council’s standard designs for such work where such designs exist  (iv) Schedule 2: “Standards for Roads, Car Parking, Access and Manoeuvring Areas” (v) any relevant Australian Standard that applies to that type of work and (vi) any alternative specifications that Council has agreed to in writing and which the developer must ensure do not conflict with any requirements imposed by any applicable laws and standards.

 

150.    Provide an additional 114 car parking spaces bringing the total number of car parking spaces to 488 spaces including a bus bay/drop-off bay on the site in accordance with the approved plans.

 

151.    All carparking spaces and driveway areas are to be sealed with an approved impervious surface. Surfacing shall consist of either patterned, reinforced concrete, concrete pavers, segmental clay pavers, asphaltic hotmix or two coat (primerseal/seal) bitumen seal.

 

152.    Services and infrastructure required in connection with the establishment of the approved development must be provided at no cost to Council.

 

153.    Landscaping shall be undertaken in accordance with approved Plan No. 1035-004 Issue B Landscape Plan and Site Section - Stage 5 dated 18/03/2011 As Amended in Red prior to the commencement of the use.  . 

 

154.    Any damage to roads and infrastructure that is attributable to the progress of works on the site or vehicles associated with the development of the site, must be repaired to Council’s satisfaction or the cost of repairs paid to Council. 

 

Avoiding Nuisance

 

155.    Lighting of the site, including any security lighting, shall be such that the lighting intensity does not exceed 8.0 lux at a distance of 1.5 metres from the site at any property boundary.

 

156.    All lighting shall be directed or shielded so as to ensure that no glare directly affects nearby properties.

 

157.    Any airconditioning, generator, refrigeration, pump, exhaust, fans, processing or other equipment must be acoustically screened to ensure noise levels do not exceed 5dB  above the background noise level.

 

Buildings

 

158.    All buildings are to comply with the approval documents.

 

Advertising Signs

 

159.    Any proposed advertising devices shall be subject to a further development application and planning approval unless the advertising devices are in accordance with the exempt or self assessable requirements of the relevant Council planning scheme.

 

No Cost to Council

 

160.    The developer is responsible for meeting all costs associated with the approved development unless there is specific agreement by other parties, including the Council, to meeting those costs.

 

161.    Any conflicts associated with proposed and existing services shall be forwarded by the developer to the appropriate controlling authority for approval for any proposed changes.

 

162.    All civil and related work shall be designed and supervised by RPEQ Registered Professional Engineers of Queensland (RPEQ) who are competent in the construction of the works.

 

Use

 

163.    All development approval conditions related to the establishment of the approved development must be fulfilled prior to any approved use commencing.

 

164.    No nuisance is to be caused to adjoining properties and occupiers by the way of noise, odour, smoke, dust, vibration, rubbish, contaminants, stormwater discharge or siltation at any time.

 

165.    The approved use has 3 years to commence after the commencement of Stage 4 and is limited to an operating time of 5 years from the commencement of the use.  After this time the site must be returned to its original state with all buildings removed from the site within 3 months of the lapsing of the development permit.    Applicant to advice of date of commencement of Stage 5.     

 

Note: the diagram below is not a condition but provides a diagrammatic representation of condition 165 where stages all 5 stages are completed.

 

 

Body of Report:

Refer to supporting documentation (Attachment 1).

Consultation (internal/external):

-      Public Notification has been undertaken in accordance with SPA.

-      Department of Transport and Main Roads (Concurrence Agency)

-      Kym Downey, MRC Manager Technical Services and Special Projects

 

Risk Assessment (Legal, Financial, Political etc.):

The applicant has appeal rights under SPA against any decision of Council.

Policy Implications:

The application generally accords with the Policy position of the Roma Town Planning Scheme.

Financial Resource Implications:

Any conditions imposed will be at the cost of the applicant.

 

Link to Corporate Plan:

Corporate Plan 2009-2013 8.3.1(a) Regulate and control development in a consistent and responsible manner that enhances the lifestyle of our community whilst promoting sustainable development.

Supporting Documentation:

1View

Body of Report

D11/30553

2View

DTMR Concurrence Agency Conditions

D11/13682

 

Report authorised by:

Paul Bawden, Chief Executive Officer



Attachment 1

Body of Report

 

1.0 Background information

 

The application is for a Material Change of Use – Undefined Use (Temporary Workers’ Accommodation), to create 1008 persons accommodation in 5 stages.

 

Each unit incorporates a bedroom and bathroom, with access to communal recreation, kitchen and dining amenities.  The camp consists of 34 clusters of buildings with seven buildings per cluster.  An office and training building, dry store, laundry and maintenance shed are also included on site.

 

The total Gross Floor Area of the proposed development is 17,818 square metres and each building is limited in height to 1 storey and 4.2 metres in height above natural ground level.  The breakdown of GFA and site cover for each stage is as below:

 

 

Stage

GFA (m2)

Site Cover (%)

Units

Persons

1

2794.5

1.7

28

112

2

1421

2.6

28

112

3

1421

3.4

28

112

4

6445.5

7.6

84

336

5

5736.5

11.3

84

336

 

 

The proposed development includes a total of 488 car park spaces on the site with a total of 187 spaces being provided upfront for Stages 1, 2 and 3, an additional 187 spaces provided for Stage 4 and an additional 114 spaces provided for Stage 5.  A bus bay/drop-off bay is provided within the car parking area, as the applicant advised a majority of residents will be fly in/fly out workers. 

 

Motor vehicle access to the site will be obtained from a new road off Carnarvon Highway via an 11.5 metre wide driveway crossover.  The development includes a manoeuvring area on the site, to be developed as part of Stages 1, 4 and 5 of the development.

 

The applicant has prepared a full report for submission to Maranoa Regional Council.  The proposal plans as included in the report are illustrated below -  

 

 


Attachment 1

Body of Report

 

 

 

 


 

 

 

 

 

 

 

 

 

 


Attachment 1

Body of Report

 

2.0       Definition of use and assessment status - the premises – locality and zoning

The proposed use for a Temporary Workers’ Accommodation is an "Undefined Use" in the Roma Town Planning Scheme 2006 which is described as follows:

 

“Undefined Use” means any use not defined in this section.

 

The site is situated at corner Warrego and Carnarvon Highways, Roma Qld 4455 and described as Lot 6 on RP227971 (refer Figure 1 - Locality Plan).

 

Figure 1 - Locality Plan                                                                                                      Source: WhereIs 2010

 

The site is situated in the Industrial Zone of the Town Area in the Roma Town Planning Scheme (refer Figure 2 - Zoning).

 

Figure 2 - Zoning                                                                                 Source: Roma Town Planning Scheme

 

The site is currently vacant (refer Figure 3 - Aerial Photograph).

 

The site is adjoined by a vacant lot to the south and west.  A storage yard is adjacent to the site to the north, across from the Warrego Highway (refer Figure 3 - Aerial Photograph)

 

An industrial subdivision was approved on the site to create five industrial lots[2].  The subdivision is currently at Operational Works approval stage and has not been titled.  The proposed development will be located on proposed Lots 2-5 of the approved subdivision. 

 

Figure 3 - Aerial Photograph                                                                                                            Source: Google 2010

 

 

 

 

3.0       Assessment against the planning scheme

 

Impact assessment

This application is subject to Impact Assessment and has been assessed against the relevant provisions of the Planning Scheme, including any relevant codes. The provisions of the Sustainable Planning Act 2009 [SPA] may be summarized: s313 provides that the assessment manager must carry out the impact assessment having regard to—

(a)  the State planning regulatory provisions;

(b)  the regional plan for a designated region, to the extent it is not identified in the planning scheme as being appropriately reflected in the planning scheme;

(c)  any applicable codes, other than concurrence agency codes the assessment manager does not apply, that are identified as a code for IDAS under this or another Act;

(d)  State planning policies, to the extent the policies are not

(i)   any relevant regional plan as being appropriately reflected in the regional plan; or

(ii)  the planning scheme as being appropriately reflected in the planning scheme;

(e)  any applicable codes in the following instruments—

(i)   a structure plan;

(ii)  a master plan;

(iii) a temporary local planning instrument;

(iv) a preliminary approval to which section 242 applies;

(v)  a planning scheme;

(f)   if the assessment manager is an infrastructure provider—the priority infrastructure plan.

 

There has been no conflict identified with these provisions of the Sustainable Planning Act 2009. 

 

Desired Environmental Outcomes

The Desired Environmental Outcomes (DEOs) are based on ecological sustainability established by IPA and are the basis for the measures of the planning scheme.  Compliance is outlined below:

 

(a)  Environment

 

a)   The areas of high scenic amenity, remnant vegetation, wetlands, fauna habitats and wildlife corridors and regionally significant open space in the town are protected.

 

The subject site contains minimal vegetation and no features of environmental significance.  The site is not in proximity to any environmentally significant areas, including wetlands, habitats, corridors and open spaces, and the proposed development will not adversely impact the natural environment. 

 

b)   Places, areas or sites identified as being susceptible to land degradation, including contamination, erosion, salinity and landslip, are protected and further degradation is minimised.

 

The subject site is not identified as being susceptible to land degradation and therefore will not be adversely impacted by contamination, erosion, salinity or landslip. 

 

c)   Ecological sustainability is achieved by maintaining and improving biodiversity, water and air quality.

 

The proposed development is located within an established urban area and will not adversely impact on biodiversity, water or air quality.

 

d)   Places of historical and indigenous cultural heritage and social significance are protected, maintained and enhanced.

 

The site is not identified as being in proximity to a place of historical, cultural or social significance. 

 

(b)  Economic

 

a)   Business and commercial development shall be located within the Commercial Zone to promote and strengthen the existing central Business District.

 

The proposal is for Temporary Workers’ Accommodation in an industrial area, and will not impact on the location of business and commercial development within the Commercial Zone.

 

b)   The Central Business District (CBD) or inner core of the commercial Zone is intended to contain the more intensive commercial uses.  Entertainment facilities and tourist accommodation will also be favoured within and adjacent to the CBD to provide a central focus of activity and promote vitality after office hours.

 

The proposal is for Temporary Workers’ Accommodation in an industrial area, and will not compromise the ability of the CBD to contain intensive commercial uses.

c)   Beautification and improved parking facilities will enhance the efficiency, attractions and vitality of the Town CBD.

 

The proposed development is not located in the Roma Town CBD.  The proposed development provides appropriate onsite parking for the use. 

 

d)   Tourism will be promoted with significant economic and social benefits to the town as a regional centre with close association with the oil and gas industry and the proximity of the Carnarvon National Park.

 

The proposed development provides accommodation for employees of the oil and gas industry, which can lead to tourism and economic benefits to the town. 

 

e)   Industry, business and employment opportunities are improved and appropriately located to service the community and region, and encourage economic activity within the local area.

 

The proposed development is for Temporary Workers’ Accommodation in an industrial area, which will support industry, business and employment opportunities by providing accommodation for workers placed in Roma.  The site is removed from existing industrial uses and is not expected to impact upon current industrial operations.

 

(c)  Community Well-Being & Lifestyle

a)   Convenient access to roads and services is achieved through well located land uses and the efficient use and timely provision of infrastructure such as water, sewerage and roads walkways and cycling facilities.

 

The proposed development is located on the corner of Warrego and Carnarvon Highways, and has convenient access to well established road infrastructure.  The staging of the proposed development will ensure the efficient and timely provision of infrastructure to the site. 

 

b)   Infrastructure networks such as road and rail, water cycle and electricity infrastructure are protected from encroachment by sensitive land uses which may adversely affect or limit the normal operation of that infrastructure.

 

The proposed development is not located in proximity to rail, water, cycle and electricity infrastructure networks.  Department of Transport and Main Roads are a concurrence agency for the application and have included conditions to minimise adverse impacts on the road infrastructure. 

 

c)    Rural residential and urban residential development occurs in distinct localities that provide a sense of community, amenity, services, and a safe, affordable living environment, whilst maintaining the rural amenity of the Town Area.

 

The proposed development provides temporary workers accommodation, which provides recreational, kitchen and dining, laundry and ablutions facilities onsite creating a self contained development.  The proposed development maintains the rural ambience of the surrounding area through staging and clustering of units, with appropriate buffering to Warrego Highway. 

d)   The adverse effects from natural and other hazards, including bushfires are minimised.

 

The site is not subject to natural or other hazards. 

 

e)   The range of housing types, services and facilities meets the needs of the community and other uses.

 

The proposal is for Temporary Workers’ Accommodation and will provide accommodation, recreational facilities and parking for workers placed in Roma.  The development provides an alternative housing option to meet the community needs. 

 

f)     Community well being is not compromised by inappropriate development that impacts upon noise levels, traffic volume, lighting levels, local amenity.

 

The proposed development is located in an industrial area to the east of the Town CBD.  The location of the site is distant from residential uses and minimises impacts from noise, traffic volume and lighting levels on the amenity of the units.

 

Overall Outcomes for Urban Area Code

The Urban Area Code identifies overall outcomes providing direction about relevant assessment issues.  The overall outcomes for the Urban Area Code are the purpose of the code.  The overall outcomes sought for the Urban Area are the following:

 

a)    Roma is a focus for a range of business, industrial, tourist, community and recreational activity in the local government area.

 

The proposed development is for temporary accommodation purposes that will support the expansion of business, industrial, tourist, community and recreation activity in the local government area.

 

b)    Business and commercial development is located primarily in the CBD to provide central and accessible services to the local government area.

 

The proposal is for a Temporary Workers’ Accommodation in an industrial area located outside the CBD.  The proposed development will not adversely impact on the ability of the CBD to accommodate business and commercial development.

 

c)    The residential and heritage character and amenity of the Urban Area is retained.

 

The proposed development is located within an Industrial Area and does not impact on residential and heritage character and amenity of the Urban Area.

 

d)    Safe and convenient access for pedestrians and cyclists is maintained and enhanced.

 

The proposed development will ensure pedestrian links throughout the site are established and maintained.

e)    Residential (including Rural Residential) development occurs where there is no adverse impact on Good Quality Agricultural Land.

 

The proposed development is located on a site mapped as being Good Quality Agricultural Land.  However, the site and surrounding areas are located in the Industrial Zone, with some form of large scale or industrial development intended to occur in the area in the future.  The proposed development is located within a recent industrial subdivision and will not result in further fragmentation of Good Quality Agricultural Land.

 

f)     Residential development is buffered from the existing and proposed road and rail corridors to minimise any detrimental impact.

 

The proposed development is located on the corner of Warrego and Carnarvon Highways, however the proposed development is distant from the Carnarvon Highway frontage of the site. The development is setback 16.9 metres increasing to 27.1 metres from the Warrego Highway frontage of the site. The proposed development will not pose any detrimental impact to the existing road network.

 

g)    Residential development accommodates a range of housing types and allotment sizes, and provides a safe and pleasant living environment, with adequate access to community services and is located in the residential preferred areas shown on the Urban Area Maps in the appendices.

 

The proposed development is for Temporary Workers’ Accommodation.  The development provides for accommodation for workers placed in Roma, and incorporates recreational areas, dining and kitchen facilities and car parking areas and its surrounds.  The development is designed to be self contained, and will alleviate the need for accommodation and associated amenities in the Town CBD.  The availability of services and facilities onsite creates a safe and pleasant living environment for the residents. 

 

h)    The expansion of residential development occurs in areas where it is most cost effective to supply physical infrastructure, such as water, sewerage, roads and electricity.

 

The proposed development will be constructed in five stages, with infrastructure provided at each stage to ensure timely and cost efficient provision of infrastructure.

 

i)     Efficient and equitable access to social infrastructure, such as schools, neighbourhood shopping, community services, public transport services, and parks are provided in residential areas.

 

The proposal is not located in a residential area, however the site has efficient access to neighbourhood shopping centres, community services and parks.

 

j)     Industrial development is located in the Industrial Zone of the town (see maps in appendices).

 

The proposal is for temporary residential development, where once the temporary workers’ camp is abandoned, future industrial uses can be located on the site.

 

k)    Impacts of industrial uses are required to be within acceptable limits and uses are undertaken in a sustainable manner consistent with the amenity and character of the area concerned.

 

The proposal is for temporary residential development.

 

l)     Small scale business, community and emergency services are provided for the needs of the local community.

 

The proposal is for temporary residential development.

 

m)   All Areas other than the Commercial Zone are protected from shopping centre and other forms of commercial development.

 

The proposal is for temporary residential development in an Industrial Zone.

 

 

 

The Code’s relevant Performance Criteria are shown below, in order to more easily permit structured and detailed consideration of relevant issues—

 

Urban Area Code

 

Performance Criteria

Assessment responses

A.   A. For all the Town Zone

1. Infrastructure

PC 1 Electricity

Premises are provided with a supply of electricity adequate for the activity.

The proposed development will be connected to electricity supply as a condition of development.  

 

 

PC 2 Water Supply

Premises are provided with an adequate volume and supply of water for the activity.

The proposed development will be connected to reticulated water supply as a condition of development. 

PC 3 Effluent Disposal

To ensure that public health and environmental values are preserved, all premises provide for the treatment and disposal of effluent and other waste water.

Onsite sewerage treatment plant will service the site and will be of a sufficient size to cater for the number of persons for each stage.  A separate application for an Environmentally Relevant Activity (ERA) will be required for lodgement to DERM.  This will be a condition of development.

 

PC 4 Stormwater/Inter-Allotment Drainage

Stormwater is collected and discharged so as to:

(a) protect the stability of buildings or the use adjacent land;

(b) prevent the waterlogging of nearby land; and

(c) protect and maintain environmental values.

The proposed development will provide an appropriate stormwater drainage system in accordance with the standards in Schedule 6: “Standards for Stormwater Drainage”.   

PC 5 Vehicle Access

Vehicle access is provided to a standard appropriate for the use.

The proposed development includes an 11.5 metre wide driveway crossover accessed from a new road constructed as part of the recent subdivision off Carnarvon Highway, which will be developed to a standard appropriate for the use.

 

PC 6 Density

The density of residential activities does not impact adversely on the residential amenity of the town.

N/A - The proposed development is for a Temporary Workers’ Accommodation. 

PC 7 Parking and Manoeuvring

Vehicle parking and service vehicle provision is adequate for the use whilst ensuring both safe and functional operation for motorists and pedestrians.

The proposed development includes a total of 488 car parking spaces.  Stages 1, 2 and 3 are provided with a total of 187 spaces and all to be constructed as part of Stage 1. Stage 4 is provided with an additional 187 spaces and Stage 5 is provided with an additional 114 spaces. 

 

A bus bay and drop-off bay is provided where a majority of workers will be fly in fly out workers. 

 

The proposed number of car parking spaces is considered sufficient to cater for the needs of the residents and staff on the site. 

 

Adequate vehicle manoeuvring areas are provided on the site, including a refuse collection area for Stages 1, 4 and 5.  

PC 8 Roads

All weather road access is provided between the premises and the existing road network.

All weather road access is provided to the premises.

PC 9 State Controlled Roads

State Controlled Roads are maintained and enhanced as a link between major centres.

Access to the development will be from a new road off Carnarvon Highway.  This will ensure the function of the Warrego and Carnarvon Highways are maintained, and the development will have no adverse impacts on traffic movements on the existing road network. No access to the Warrego Highway is permitted in accordance with the DTMR Referral Agency conditions.  (Refer Appendix 2)

 

PC 10 Development Adjacent to State Controlled Roads

Development adjacent to State Controlled Roads is located to ensure safe and efficient use of the highway and maintain the integrity of the highway as a commuter link.

The development is setback 16.9 metres from the Warrego Highway, and is well setback from the Carnarvon Highway.  The development will obtain access from a new road off the Carnarvon Highway, and will have a negligible impact on the safety and efficient use of the highway.  Extensive landscaping is proposed and conditioned along the Warrego Highway boundary of the development, to further minimise potential impacts.

PC 11 Noise Sensitive Development

Noise sensitive developments (residential, education and community) must ensure that road traffic noise levels are appropriately managed to achieve acceptable levels of amenity.

The development is setback 16.9 metres from the Warrego Highway, and is well setback from the Carnarvon Highway. 

 

Landscaping is proposed within this setback to mitigate road traffic noise levels to the development.  A 5 metre wide dense landscape buffer will also be established to the north and south of the accommodation units, to further reduce noise impacts to the development.   

 

PC 12 Development in the Vicinity of Aerodrome

 

N/A - The proposed development is not in the vicinity of the aerodrome.

PC 13 Development in the Vicinity of Aerodrome

 

N/A - The proposed development is not in the vicinity of the aerodrome.

PC 14 Gas and Oil Pipelines

Buildings are located at an appropriate distance from pipelines to ensure community safety and operation of the use is not compromised.

 

The subject site is located at an appropriate distance from pipelines.

PC 15 Refuse Tips and Effluent Treatment Plants

Premises are located at an appropriate distance from refuse tips and effluent treatment plants to ensure community safety and operation of the uses are not compromised.

 

The subject site is not within proximity to refuse tips and effluent treatment plants.

PC 16 Rail Corridors

Development is at an appropriate distance from the rail corridor so as not to prejudice safety, speed or intended role of the existing and proposed rail corridors.

 

The subject site is an appropriate distance from the rail corridor.

PC 17 Noise Attenuation

Development adjoining the rail corridor is protected from the impact of noise.

The proposed development is situated more than 100 metres from the rail corridor.  A landscape buffer is proposed to the south and the north of all accommodation unit buildings, to further mitigate any noise impacts on the proposed development.

2. Environment

PC 18 Watercourses

Development ensures the maintenance of riparian areas and water quality including protection from off-site transfer of sediment.

N/A – The site is not located in proximity to any watercourses.

PC 19 Protected Areas

Development is undertaken to ensure areas of significant biodiversity and habitat value are protected.

N/A – The proposed development is not in close proximity to any areas of significant biodiversity and habitat value.

PC 20 Flooding

Premises are designed and located so as:

(a) not to adversely impacted upon by flooding;

(b) to protect life and property; and

(c) not to have an undesirable impact of the extent and magnitude of flooding.  

The site is not mapped as being subject to a 1 in 100 year flood event.

 

PC 21 Air Emissions

Air emissions from premises do not cause environmental harm or nuisance to adjoining properties or sensitive land uses.

The proposed development will not cause environmental harm or nuisance from air emissions.

PC 22 Noise Emissions

Noise emissions from premises do not cause environmental harm or nuisance to adjoining properties or sensitive land uses.

The proposed development is located in an industrial area and is situated well away from sensitive land uses in the Town CBD. 

PC 23 Water Quality

The standard of effluent and/or stormwater runoff from premises ensures the quality of surface water is suitable for:

(a) the biological integrity of aquatic ecosystems;

(b) recreational use;

(c) supply as drinking water after minimal treatment;

(d) agricultural use; or

Industrial use; and

(e)Minimises nuisance or harm to adjoining land owners.

 

Appropriate water quality treatment devices will be included in the stormwater collection and dispersal system.  This will be included as a condition of development. 

PC 24 Excavation and Filling

 

N/A – The proposal does not involve excavation or filling.  

 

PC 25 Construction Activities

Both erosion control and silt collection measures are undertaken so as to ensure protection of environmental values during construction.

Construction will implement erosion control and silt collection measures to ensure protection of environmental values.

PC 26 Bushfire Hazard Area

Development maintains the safety of people and property by avoiding areas of high or Medium Bushfire hazard or mitigating the risk through:

(a)  the siting of buildings ensuring setbacks from hazardous vegetation are maximised and elements lease susceptible to fire are sited closest to the bushfire hazard; and

(b)  the provision of firebreaks to ensure adequate setbacks between Buildings, structures and Hazardous vegetation.

The proposed development is not within an area of High or Medium Bushfire Hazard.

PC 27 Character Buildings

Development adjacent to buildings identified as heritage or character buildings within Schedule 9 incorporates design features, materials and details that blend with the existing character of the adjoining buildings and/or place.

N/A – The site is not in proximity to buildings identified as heritage or character buildings.

PC 20 Cultural Heritage

The significance of known places of indigenous and/or cultural heritage value is retained.

N/A – The site is not in proximity to known places of indigenous and/or cultural heritage value.

B.  B. For the Residential Zone

PC 29 – PC36

 

Not Applicable – The subject site is within the Industrial Zone.

i. C. For the Commercial Zone

PC 37-46

Not Applicable – The subject site is within the Industrial Zone.

ii.            D. For the Industrial Zone

PC 47 Scale and setbacks

The scale and location of the industrial use on the site should contribute to the amenity of the Zone.

The total site cover of the proposed development is 11.3%.  All buildings and structures are limited to less than 10 metres in height and one storey.  Building clearances are a minimum of 16.9 metres from the boundaries of the site.

PC 48 Vehicular traffic

Vehicular movements connected with uses in the industrial area ensure that the amenity of the adjacent residential area is not adversely affected.

Landscaping is proposed between all vehicle manoeuvring and car parking areas and the proposed units.  This will ensure visual amenity is maintained on the site, and any adverse impacts by way of noise or air pollution are minimised.

PC 49 Landscaping

Landscaping on the site:

a)   contributes positively to the built form and the street; and

b)   reduces the impact of the size and scale of the buildings.

c)   does not interfere with electricity infrastructure items.

Landscaping with a minimum width of 5 metres is provided to the north and south of the units.  Vegetation will have a mature height of at least 3 metres within 5 years of planting, and ground covers will fully cover the vegetation strip within 1 year of planting.

 

Landscaping will occur in accordance with Plan No. 1035-004 Issue B Landscaping Plan & Site Section as a condition of development. 

PC 50 Amenity

The amenity of residential uses adjacent to the industrial areas is protected through appropriate boundary screening.

N/A – The site does not adjoin residential uses.

PC 51 Building and Structure Design

The building is designed and orientated to be identifiable from the street.

The office and training building on the site is located at the entrance to the internal driveway and is easily identifiable from the street.

PC 52 Building Appearance

Buildings are designed and finished to a high quality appearance.

Buildings will be designed and finished with a high quality appearance.

PC 53 Operating Hours

Development is operated in such a manner that ensures that the local amenity is protected.

N/A – The proposal is for a Temporary Workers’ Camp and does not require restricted operating hours.

PC 54 Delivery of Goods

The loading and unloading of goods occurs at the appropriate times to protect the amenity of the Industrial Area and surrounding areas.

The proposal is for a Temporary Workers’ Camp and will have limited delivery of goods.

For Non Industrial Activities located in the Industrial Zone

PC 55 Location

Non Industrial activities are located so as:

a)   Not to impact adversely on the function, operation and character of the Industrial Zone; and

b)   Not to prejudice the consolidation of like non-Industrial activities in other more appropriate areas.

The proposed Temporary Workers’ Accommodation is located to the east of the Town CBD and is capable of being serviced with an adequate level of infrastructure.

 

The site is surrounded by predominantly vacant land, with the nearest industrial development, a storage yard, being situated adjacent the site to the north.

 

The Temporary Workers’ Accommodation will include a sunset clause to enable future industrial uses to be constructed on the site once the temporary workers camp has ceased operation. Therefore, the proposed development will not adversely impact on the function, operation and character of the Industrial Zone. 

 

iii.           E. For the Open Space and Recreation Zone

PC 56-62

Not Applicable – The subject site is within the Industrial Zone.

F. For the Rural Residential Zone

PC 63-64

Not Applicable – The subject site is within the Industrial Zone.

G. For the Special Uses Zone

PC 65-67

Not Applicable – The subject site is within the Industrial Zone.

G.  H. Specific Land Uses

PC 68-70 - Caretaker’s Residence

Not Applicable – The subject site is for Temporary Workers’ Accommodation.

PC 71-74 - Community Use

Not Applicable – The subject site is for Temporary Workers’ Accommodation.

PC 75-77 - Home Based Business

Not Applicable – The subject site is for Temporary Workers’ Accommodation.

PC78-81 - Host Home Accommodation

Not Applicable – The subject site is for Temporary Workers’ Accommodation.

PC 82 - Service Station

Not Applicable – The subject site is for Temporary Workers’ Accommodation.

PC 83 - Telecommunication Facility 

Not Applicable – The subject site is for Temporary Workers’ Accommodation.

 


Submissions

 

One submission was lodged during the public notification period.  The submitter’s name and address is listed below:

 

Ray Howson

71 Currey Street

Roma Qld 4455

 

The following planning issues were raised by the submitter in the notification period for the application.  Each issue and the response are outlined below:

 

Issue

Response

Lack of recreation space and facilities will lead to an increase in drunkenness and violence by workers in the camp.

The proposed development provides sufficient recreation space and facilities for workers.  Three amenities buildings are provided, each with a kitchen and dining area, ablutions area and recreation area.  Four undercover barbeque areas are also provided on site.  The camp is also provided with two tennis courts and a pool. 

The amount of recreational facilities and space proposed is considered to be sufficient to cater for the needs of the workers, with increased activities on-site reducing the need for workers to travel to the Roma Town Centre for recreation and create adverse social impacts on residents in town.

A formal assessment of the social and economic impacts of the development should be conducted.

 

 

 

 

 

 

 

 

 

The development will have positive economic impacts for Roma, by encouraging rural and agricultural production.  The proposed worker’s camp is intended to provide temporary accommodation for the influx of workers into Roma. 

The development is designed to be self contained and will alleviate the need for accommodation and associated amenities in the Town CBD.  The provision of a number of on-site recreational facilities, and the camp’s distance from the Town CBD, will ensure that the functions of the Roma Town Centre will not be adversely affected by the workers to be accommodated.

The development has the potential to cause strain to existing infrastructure.  Water collection and treatment measures should be put in place.

The proposed development will provide an onsite sewerage treatment plant.  The proposed development will be constructed in stages to minimise the impact of the existing infrastructure.  This will ensure that the development does not strain the existing infrastructure in Roma.

Potential commercial development in what is now recreational space could have negative impacts on the appearance of Roma.  The development should be built to blend in rather than stand out and highway frontages should be beautified.

The site is zoned Industrial and is currently vacant.  The proposed development is considered to be an improvement to the existing appearance of the site, through the use of landscaping throughout the site, within car parking areas and adjacent to the Warrego Highway frontage of the site. 

The bulk of the proposed development is consistent with the surrounding industrial development and will not adversely impact on the visual amenity of the surrounding locality.

It should be noted that uses of this type are temporary in nature and the site will revert to industrial when the use is discontinued. 

 

Other assessment issues

Subsequent approval for Building and Operational works will be required. 

ERA approval will be required for the on-site sewerage system.

Department of Transport and Main Roads was a concurrence agency for the application and have included conditions in their referral agency response dated 20 May 2011.  (Refer Appendix 2)


Attachment 2

DTMR Concurrence Agency Conditions

 





Maranoa Regional Council

    

General Meeting -  26 October 2011

Officer Report

Meeting: General  26 October 2011

Date: 17 October 2011

Item Number: 14.2

File Number: D11/30551

 

Subject Heading:                     Material Change of Use - Extension to Motel (20 Additional Rooms) and "Undefined Use" (Function Centre) File No.: 2011/17765

Classification:                                  Open Access  

Name of Applicant:                         Bruce Garvie

Location:                                           44778 Warrego Highway, Roma Qld 4455 (Lot 1 on R86117)

Author & Officer’s Title:                 Robert Hayward, Director Planning & Environment

 

 

Executive Summary: 

The application seeks to carry out a Material Change of Use for an Extension to a Motel – 20 additional rooms and ‘Undefined Use’ (Function Centre) on land at 44778 Warrego Highway, Roma QLD 4455 and described as Lot 1 on R86117. The proposed development will increase the number of rooms available for short term accommodation in the existing Motel.  The proposed Function Centre will replace the existing Sports Centre, and is intended to operate ancillary to the Motel.

 

 

Officer’s Recommendation: 

Council approve the application for a Material Change of Use for an Extension to Motel (20 additional rooms) and ‘Undefined Use’ (Function Centre) at 44778 Warrego Highway, Roma QLD 4455 and described as Lot 1 on R86117, subject to the following conditions:

 

Complete and Maintain

 

1.         Complete and maintain the approved development as follows: (i) generally in accordance with development approval documents and (ii) strictly in accordance with those parts of the approved development which have been specified in detail by the Council or Referral Agency unless the Council or Referral Agency agrees in writing that those parts will be adequately complied with by amended specifications.

 

2.         Complete and maintain all operational, building and plumbing and drainage work associated with this development approval, including work required by any of the development approval conditions.

 

3.         Maintain the approved development being Material Change of Use – Extension to Motel (20 additional units) and Undefined Use (Function Centre) in accordance with the approved plans:

 

Plan/Document number

Plan/Document name

Date

00069/11 Sheet 1 of 7 Rev F

Locality Plan

4 May 2011

00115/10 Sheet 2 of 8 Rev F

Detailed Site Plan

21 June 2010

00115/10 Sheet 3 of 8 Rev F

Service Vehicle Access

21 June 2010

00115/10 Sheet 5 of 8 Rev F

Proposed Floor Plan – Lower Level

21 June 2010

00115/10 Sheet 6 of 8 Rev F

Proposed First Floor Plan

21 June 2010

00115/10 Sheet 7 of 8 Rev F

Proposed Elevations

21 June 2010

00069/11 Sheet 3 of 7 Rev F

Proposed Site Plan

4 May 2011

00069/11 Sheet 4 of 7 Rev D

Proposed Floor Plan

4 May 2011

00069/11 Sheet 5 of 7 Rev D

3D Views & Section

4 May 2011

00069/11 Sheet 6 of 7 Rev D

Elevations Unit 78-89

4 May 2011

 

Stormwater and Drainage

 

4.         Stormwater must not be allowed to pond on the property being developed during the development process and after development has been completed unless the type and size of ponding has been agreed in writing by the Council or as a specific development approval condition.

 

5.         Adjoining, upstream and downstream properties and roads must be protected from ponding of stormwater or worsening of flood impacts as a result of the development or works relating to the development.

 

6.         Any increases in volume, concentration or velocity of stormwater from the property being developed, or entering from Bungil Creek, must be channelled to lawful points of discharge or to other storage or dispersal arrangements which must all be agreed in writing by the Council.

 

7.         No additional works or structures, either permanent, temporary or freestanding, shall be erected beyond that shown in the approved plan that will increase the I in 100 ARI flood levels either beyond the site or on the site.

 

8.         There must be no increases in any silt loads or contaminants in any overland flow from the property being developed during the development process and after development have been completed.

 

9.         The stormwater disposal system must be designed to include appropriate pollution control devices or methods to ensure no contamination or silting of creeks or other waterways.

 

10.       Soil erosion and sediment is controlled in accordance with Schedule 6: “Standards for Stormwater Drainage”.

 

Erosion Control

 

11.       If there is a possibility of erosion or silt or other materials being washed off the property being developed during the development process, the developer must document and implement a management plan that prevents this from occurring.

 

12.       During construction, soil erosion and sediment is to be managed in accordance with Schedule 7: “Standards for Construction Activity”.

 

Services Provisions

 

13.       All new extensions must be serviced by on-site effluent disposal systems designed in accordance with Schedule 5: “Standards for Sewerage Supply”. On-site sewerage collection facilities are to be provided with sufficient capacity to cater for the additional units and the new use.  Waste from this unit and the existing unit is to be transferred to Council’s collection point through one drain only.  A certified engineering report must be provided to confirm that the units and main have the required capacity to cater for the extra flow from the proposed additional 20 rooms.  If the existing main does not have sufficient capacity it is to be replaced at no cost to Council.

 

14.       All new extensions must be serviced with a water connection, up to but excluding a water meter, to the water distribution network. A certified engineering report must be provided to confirm that the existing internal ring main supplying water to the site is adequate to provide sufficient flow and pressure to service all of the development area.  Calculations/report is to include the provision of fire fighting requirements.  If the report shows any deficient in required supply, the internal water infrastructure is to be upgraded in accordance with the report recommendation at no cost to Council.

 

15.       All new extensions must be provided with telecommunications connections.

 

16.       All new extensions must be provided with electricity connections to the existing electricity supply to the site.

 

Rubbish Collection

 

17.       At all times while the use continues, waste containers shall be maintained in a clean and tidy state and shall be emptied and the waste removed from the site on a regular basis.

 

Access, Roads, Landscaping and Lighting

 

18.       Provide a total of 26 additional car parking spaces on the site in accordance with Approved Plan No. 00069/11 Sheet 3 of 7 Rev F.

 

19.       Vehicle manoeuvring areas must be provided on-site so that all vehicles can enter and leave the site in a forward direction.

 

20.       All carparking spaces and driveway areas are to be sealed with an approved impervious surface. Surfacing shall consist of either patterned, reinforced concrete, concrete pavers, segmental clay pavers, asphaltic hotmix or two coat (primerseal/seal) bitumen seal.

 

21.       All landscaping, streetscaping, vehicular access, parking, roads, bikeways, footpaths, street lighting, parks, street plantings, street furniture and related items must comply with (i) the development approval conditions, (ii) any relevant provisions in the planning scheme for the area, (iii) Council’s standard designs for such work where such designs exist  (iv) Schedule 2: “Standards for Roads, Car Parking, Access and Manoeuvring Areas” (v) any relevant Australian Standard that applies to that type of work and (vi) any alternative specifications that Council has agreed to in writing and which the developer must ensure do not conflict with any requirements imposed by any applicable laws and standards.

 

22.       Services and infrastructure required in connection with the establishment of the approved development must be provided at no cost to Council.

 

23.       Prepare and submit a landscaping concept plan for approval by the Council. The landscaping concept plans must demonstrate methods for shading, paving, screening/buffering landscaping, noise attenuation and streetscape enhancement as needed. Landscaping elements must positively contribute to the overall amenity of the site.

 

24.       Any damage to roads and infrastructure that is attributable to the progress of works on the site or vehicles associated with the development of the site, must be repaired to Council’s satisfaction or the cost of repairs paid to Council.

 

Avoiding Nuisance

 

25.       Lighting of the site, including any security lighting, shall be such that the lighting intensity does not exceed 8.0 lux at a distance of 1.5 metres from the site at any property boundary.

 

26.       All lighting shall be directed or shielded so as to ensure that no glare directly affects nearby properties.

 

27.       Any airconditioning, generator, refrigeration, pump, exhaust, fans, processing or other equipment must be acoustically screened to ensure noise levels do not exceed 5dB  above the background noise level.

 

Advertising Signs

 

28.       Any proposed advertising devices shall be subject to a further development application and planning approval unless the advertising devices are in accordance with the exempt or self assessable requirements of the relevant Council planning scheme.

 

No Cost to Council

 

29.       The developer is responsible for meeting all costs associated with the approved development unless there is specific agreement by other parties, including the Council, to meeting those costs.

 

30.       All civil and related work shall be designed and supervised by RPEQ Registered Professional Engineers of Queensland (RPEQ) who are competent in the construction of the works.

 

Use

 

31.       All development approval conditions related to the establishment of the approved development must be fulfilled prior to any approved use commencing.

 

32.       No nuisance is to be caused to adjoining properties and occupiers by the way of noise, odour, smoke, dust, vibration, rubbish, contaminants, stormwater discharge or siltation at any time. 

 

 

Body of Report: 

Refer to supporting documents (Attachment 1).

Consultation (internal/external):

-      Public Notification has been undertaken in accordance with SPA.

-      Engeny Water Management

-      Department of Transport and Main Roads (Concurrence Agency)

-      Kym Downey, MRC Manager Technical Services and Special Projects

Risk Assessment (Legal, Financial, Political etc.):           

The applicant has appeal rights under SPA against any decision of Council.

Policy Implications:

The application generally accords with the Policy position of the Roma Town Planning Scheme.

Financial Resource Implications:

Any conditions imposed will be at the cost of the applicant.

 

Link to Corporate Plan:

Corporate Plan 2009-2013 8.3.1(a) Regulate and control development in a consistent and responsible manner that enhances the lifestyle of our community whilst promoting sustainable development.

Supporting Documentation:

1View

Body of Report

D11/30540

2View

DTMR Concurrence Agency Conditions

D11/30545

3View

Engeny Flood Assessment Report

D11/30555

 

Report authorised by:

Paul Bawden, Chief Executive Officer


Attachment 1

Body of Report

 

1.0  Background information

 

The application is for an extension to an existing Motel, consisting of 20 additional rooms and an ancillary Function Centre. The existing two-storey Motel at the site will be retained (refer Plan No. 2 of 7 00069/11).

 

The proposed additional rooms have a gross floor area of 760.8 square metres and will be limited to one storey and 4.6 metres in height.  The proposed Function Centre will be entirely located within the existing Sports Centre, and will involve only internal building works, with a gross floor area of 1494.4 square metres. The building height will not be altered, and will remain at 8.7 metres and two storeys. 

 

Vehicular access to the site is obtained from Warrego Highway via the existing vehicle crossover.  No vehicular access from Short Street is to be permitted as per Department of Transport and Mains Roads conditions (refer Plan No. 8 of 7 00069/11).

 

Additional car parking spaces are proposed to service the proposed additional rooms, bringing the total number of car parking spaces on the site to 160 (refer Plan No. 3 of 7 00069/11).  The proposed Function Centre will utilise the existing car parking spaces on the site (refer Plan No. 2 of 8 00115/10).

 

All proposed development on the site will achieve adequate flood immunity in accordance with SPP1/03 Mitigating the Adverse Impacts of Flood, Bushfire and Landslide and have a finished floor level of an equal or greater height than the existing Motel units.  Additionally, earth mound levy banks upstream and downstream from the site have been constructed to prevent flooding from Bungil Creek.

 

Flood modelling (see attached Engeny Flood Assessment Report) for the proposed development anticipates a marginal increase in on-site and upstream flooding.  The proposed development will be required to implement on-site stormwater management treatments to mitigate any adverse impacts and protect adjoining, upstream and downstream properties from any worsening of flood conditions.

 

The applicant has provided a town planning report addressing the Rural Area Code of the Roma Town Planning Scheme 2006.

 

The applicant has provided the following plans in support of the proposed development -

 

 


Attachment 1

Body of Report

 


Attachment 1

Body of Report

 


Attachment 1

Body of Report

 


Attachment 1

Body of Report

 


Attachment 1

Body of Report

 

 

2.0       Definition of use and assessment status - the premises – locality and zoning

The proposed use is defined as an "Undefined Use" in the Roma Town Planning Scheme 2006, and a “Motel” which is described as follows:

 

“Motel” means any premises used for temporary accommodation of travellers and the motor vehicles used by them and includes, if provided, any restaurant, office and/or manager’s residence on the same site.  The term also includes boarding-houses, guest houses, hostels, unlicensed hotels, serviced rooms, student accommodation, or any similar use.”

 

The site is situated at 44778 Warrego Highway, Roma QLD 4455 and described as Lot 1 on R86117 (refer Figure 1 - Locality Plan).

 

Figure 1 - Locality Plan                                                                                                                      Source: Whereis 

 

The site is situated in the Rural Zone of the Roma Town Planning Scheme 2006 (refer Figure 2 - Zoning).

Figure 2 - Zoning                                                                 Source: Roma Town Planning Scheme 2006

 

The site currently contains a single storey Motel and two-storey Sports Centre (refer Figure 3 - Aerial Photograph).

The site is adjoined to the east by a sports field.  The site is bounded to the west and south by Short Street and Warrego Highway respectively, and abuts Bungil Creek along the north western boundary (refer Figure 3 - Aerial Photograph).

 

Figure 3 - Aerial Photograph                                                                                                            Source: Google 2010

 

 

 

 

3.0       Assessment against the planning scheme

 

Impact assessment

This application is subject to Impact Assessment and is assessed against the relevant provisions of the planning scheme, including any relevant codes. The provisions of the Sustainable Planning Act 2009 [SPA] may be summarized: s313 provides that the assessment manager must carry out the impact assessment having regard to—

(a)  the State planning regulatory provisions;

(b)  the regional plan for a designated region, to the extent it is not identified in the planning scheme as being appropriately reflected in the planning scheme;

(c)  any applicable codes, other than concurrence agency codes the assessment manager does not apply, that are identified as a code for IDAS under this or another Act;

(d)  State planning policies, to the extent the policies are not

(i)   any relevant regional plan as being appropriately reflected in the regional plan; or

(ii)  the planning scheme as being appropriately reflected in the planning scheme;

(e)  any applicable codes in the following instruments—

(i)   a structure plan;

(ii)  a master plan;

(iii) a temporary local planning instrument;

(iv) a preliminary approval to which section 242 applies;

(v)  a planning scheme;

(f)   if the assessment manager is an infrastructure provider—the priority infrastructure plan.

 

There is no conflict with these provisions of the Sustainable Planning Act 2009. 

 

Proposed use is not in conflict with planning scheme

Although the planning scheme requires Impact Assessment for the proposed use, there is no conflict with the intent of the Roma Town Planning Scheme. The proposed development will provide for additional short-term accommodation opportunities in proximity to the primary commercial and business areas of Roma.

 

Desired Environmental Outcomes

The Desired Environmental Outcomes (DEOs) are based on ecological sustainability established by IPA and are the basis for the measures of the planning scheme.  The proposal will not compromise the DEOs:

 

(a)  Environment

(i)   The areas of high scenic amenity, remnant vegetation, wetlands, fauna habitats and wildlife corridors and regionally significant open space in the town are protected.

 

The proposal will not result in the removal of any vegetation, or impact on any other environmentally significant areas, including wetlands, habitats, corridors and open spaces. 

 

(ii)  Places, areas or sites identified as being susceptible to land degradation, including contamination, erosion, salinity and landslip, are protected and further degradation is minimised.

 

The subject site is not identified as being susceptible to land degradation and therefore will not be adversely impacted by contamination, erosion, salinity or landslip. 

 

(iii) Ecological sustainability is achieved by maintaining and improving biodiversity, water and air quality.

 

Appropriate stormwater treatment measures will be conditioned as part of the approval to minimise adverse impact on water quality.  The proposed development is located on a site that has been developed for a motel use, and will not adversely impact on biodiversity, water or air quality. 

 

(iv) Places of historical and indigenous cultural heritage and social significance are protected, maintained and enhanced.

 

The site is not identified as being a place of, or situated in proximity to a place of historical, cultural or social significance. 

 

 

 

 

(b)  Economic

 

(i)   Good Quality Agricultural Land is protected as a major economic resource for the region.

 

The subject site has been developed for a motel use and does not contain sufficient area to support agriculture or other rural activities. The proposed development will not result in the fragmentation of Good Quality Agricultural Land.

 

(ii)  Key Resource Areas, extractive resources, petroleum, gas and mineral resources are protected as a major economic resource for the region.

 

The subject site is location within the Rural Zone and does not contain, and is not in proximity to any key resource areas, extractive resources, petroleum, gas and mineral resources.  The development will, however, provide accommodation for the population fluctuations associated with development of these resources.

 

(iii) Industry, business and employment opportunities are improved and appropriately located to service the community and region, and encourage economic activity within the local area.

 

The proposed development will provide a short term accommodation option for tourists and itinerant workers to support business, economic and employment growth in the local area.

 

(iv) Rural business opportunities are improved to protect and value-add to the existing rural based economy.

 

The proposed development is not a rural business activity but will potentially provide short-term accommodation opportunities for employees of existing and future rural based businesses. 

 

(c)  Community Well-Being & Lifestyle

(i)   Convenient access to roads and services is achieved through well located land uses and the efficient use and timely provision of infrastructure such as water, sewerage and roads walkways and cycling facilities.

 

The proposed development has convenient access to roads and services and appropriate infrastructure, including water and sewerage infrastructure.

 

(ii)  Rural residential and urban residential development occurs in distinct localities that provide a sense of community, amenity, services, and a safe, affordable living environment, whilst maintaining the rural amenity of the shire. The role and identity of Yuleba and Wallumbilla townships as the main business and community centres of the shire is consolidated.

 

The proposed development is for an extension to an existing Motel, located at the fringe of the Roma township. The proposed development will contribute to the range of short-term accommodation opportunities available in Roma whilst maintaining existing rural amenity and access to services.

 

(iii) Infrastructure networks such as road and rail, water cycle and electricity infrastructure are protected from encroachment by sensitive land uses which may adversely affect or limit the normal operation of that infrastructure.

 

The proposed development is not located in proximity to rail, water cycle and electricity infrastructure networks.  The proposed development is setback from the Warrego Highway and will not adversely impact on the existing state controlled road network.  The application was referred to the Department of Transport and Main Roads as a concurrence agency, who have assessed the proposal and outlined a number of conditions for approval. 

 

(iv) The adverse effects from natural and other hazards, including bushfires are minimised.

 

The subject site is located within an area of Medium Bushfire Hazard.  However the site has been predominantly cleared of vegetation and the proposed extensions are not considered to be at risk of being adversely affected by bushfire hazard.

                       

The site is also located within the 1 in 100 year flood event area.  The site is protected from flooding by an earth mound levy bank along the Bungil Creek boundary, which extends both upstream and downstream from the site.  These measures will not be altered by the proposed development.  Additionally, the finished floor level of all proposed units will be the same level or higher than the existing motel units. 

 

The proposed development will be required to implement on-site stormwater management treatments to protect adjoining, upstream and downstream properties from any worsening of flood conditions.

 

These measures ensure the proposed development is compliant with SPP1/03 Mitigating the Adverse Impacts of Flood, Bushfire and Landslide in that the hazards of flood and bushfire have been adequately considered and addressed in the location and design of the proposed development.

 

(v)  The range of housing types, services and facilities meets the needs of the community and other uses.

 

The proposal is for an extension to a Motel to provide short term accommodation.  This will provide additional affordable housing opportunities for temporary workers and tourists which would not usually be accommodated in traditional housing developments. 

 

Overall Outcomes for Rural Zone Code

The Rural Zone Code identifies overall outcomes providing direction about relevant assessment issues.  The overall outcomes for the Rural Zone Code are the purpose of the code.  The specific outcomes sought for the Rural Area are to ensure development:

(a)  of rural uses are appropriately located within the Rural Area and existing and future Rural Activities are not prejudiced by inappropriate development;

 

The proposed development is an extension to the existing Motel on the site, which is located in proximity to the Roma town centre.  The site is not adjoined by any rural activities and the proposed extensions will not prejudice the siting of future rural activities. 

 

(b)  maintains the environment, including soil, air and water, compatible with healthy natural systems and ensures public health and safety;

 

The proposed Function Centre will be located within the existing Sports Centre on the site and will not involve any external building works.  The additional units will be constructed as an extension to the existing Motel and will be constructed to the north of the existing Motel buildings.  The proposed extensions will not cause the use on the site to adversely impact on the environment or surrounding natural systems.

 

(c)  protects Good Quality Agricultural Land (GQAL) from fragmentation, alienation or encroachment of incompatible land uses in accordance with State Planning Policy 1/92 – Development and Conservation of Agricultural Land;

 

The subject site has been developed for a motel use and does not contain sufficient area to support agriculture or other rural activities. The proposed development will not result in the fragmentation of Good Quality Agricultural Land.

 

(d)  is located, designed and operated in a manner that protects and enhances the predominant rural scale, intensity, form and character;

 

The proposed Function Centre will be located within the existing Sports Centre building on the site and will not involve external building works.  The proposed unit extensions are consistent with the design of the existing Motel units on the site, and with the bulk and scale of development in the immediate locality.  

 

(e)  maintains the rural amenity;

 

The proposed development is of a consistent bulk and scale with existing development on the site and will not adversely impact on the rural amenity in the surrounding locality. 

 

(f)   does not prejudice or impact adversely on other uses including those within other Areas;

 

The proposed extensions are to the existing Motel on the site and will not prejudice or adversely impact on the adjoining uses.

 

The proposed development will be required to implement on-site stormwater management treatments to protect adjoining, upstream and downstream properties from any worsening of flood conditions.

 

(g)  has an appropriately designed access to the road network and traffic generated by the development does not impact adversely on the local road network;

 

The proposed development will obtain access from the Warrego Highway via the existing driveway crossover. The proposed development will rationalise access from Short Street in accordance with conditions set by the Department of Transport and Main Roads.  The proposed extensions will not significantly increase traffic movements to and from the site and will not adversely impact on the existing local road network. 

 

(h)  protects areas and sites of conservation importance, including cultural and high landscape values;

 

The northern half of the site is mapped as being within a Protected Area.  However the site has been developed for a Motel use and has been cleared of all vegetation and contains no areas of conservation importance at the site of the extensions.

 

(i)   is undertaken in an orderly and logical sequence to achieve an efficient provision of infrastructure;

 

The site is currently provided with sufficient infrastructure for the proposed use and will contribute to ongoing orderly development within the township.

 

(j)   is located and designed in ways that minimise the need for flood, bushfire and landslide mitigation and to protect people and premises from such natural events;

 

The subject site is located within an area of Medium Bushfire Hazard, however the site has been predominantly cleared of vegetation and the proposed extensions are not considered to be at risk of being adversely affected by bushfire hazard.

 

The site is also located within the 1 in 100 year flood event area.  The site is protected from flooding by an earth mound levy bank along the Bungil Creek boundary, which extends both upstream and downstream from the site.  These measures will not be altered by the proposed development.  Additionally, the finished floor level of all proposed units will be the same level or higher than the existing motel units.

 

The proposed development will be required to implement on-site stormwater management treatments to protect adjoining, upstream and downstream properties from any worsening of flood conditions.

 

These measures ensure the proposed development is compliant with SPP1/03 Mitigating the Adverse Impacts of Flood, Bushfire and Landslide in that the hazards of flood and bushfire have been adequately considered and addressed in the location and design of the proposed development.

 

(k)  has water supply, stormwater disposal, sustainable effluent and waste disposal and power to appropriate standards adequate for the use;

 

The proposed extensions will be required to be provided with appropriate urban infrastructure (water supply, stormwater disposal, onsite sewerage disposal system, electricity and telecommunications) as conditions of development.

 

(l)   does not impact adversely on infrastructure.

 

The existing infrastructure network has the capacity to accommodate the proposed development. The applicant will be required to provide a certified engineering report to confirm that the existing internal ring main supplying water to the site is adequate to provide sufficient flow and pressure to service all of the development area. 

 

(m)    does not compromise community well being through the development of Intensive Animal Industries especially its impacts upon noise levels, traffic volume, lighting levels and local amenity.

 

The proposed development is not for Intensive Animal Industries.

 

The Code’s relevant Performance Criteria are shown below, in order to more easily permit structured and detailed consideration of relevant issues—

 

Performance Criteria

Assessment Responses

A.   A. For all of the Rural Area

Infrastructure

PC 1 Electricity

Premises are provided with a supply of electricity adequate for the activity.

The proposed development will be connected to the reticulated electricity supply and will be included as a condition of development. 

PC 2 Water Supply

Premises are provided with an adequate volume and supply of water for the activity.

The proposed development will be connected to the reticulated water supply and will be included as a condition of development.

PC 3 Effluent Disposal

To ensure that public health and environmental values are preserved, all premises provide for the treatment and disposal of effluent and other waste water.

The proposed development will provide an on-site effluent disposal system designed in accordance with Schedule 5: “Standards for Sewerage Supply”.

 

PC 4 Stormwater/Inter-allotment Drainage

Stormwater is collected and discharged so as to:

(a) protect the stability of buildings or the use adjacent land;

(b) prevent the waterlogging of nearby land; and

(c) protect and maintain environmental values.

The proposed development will provide a stormwater collection and discharge system at Operational Works stage of development.  This will be included as a condition of approval. 

PC 5 Vehicle Access

Vehicle access is provided to a standard appropriate for the use.

The proposed development will utilise the existing driveway crossover to Warrego Highway.  The existing crossover to Short Street is to be closed in accordance with Department of Transport and Main Roads’ Concurrence Agency conditions.

PC 6 Density

The density of residential activities does not impact adversely on the residential and rural amenity of the area.

Not Applicable – The proposed development is not for a dwelling house.

PC 7 Parking and Manoeuvring

Vehicle parking and service vehicle provision is adequate for the use whilst ensuring both safe and functional operation for motorists and pedestrians.

The proposed Function Centre will utilise the existing car parking spaces previously used for the Sports Centre.  The proposed extension to the Motel will incorporate 26 new car parking spaces, including one space for disabled persons, in accordance with Schedule 2: Standards for Roads, Car Parking, Access and Manoeuvring Areas, bringing the total number of Motel car parking spaces to 160. 

PC 8 Roads

All weather road access is provided between the premises and the existing road network.

Not Applicable - The proposed development does not include the construction of new roads. 

PC 9 State Controlled Roads

State Controlled Roads are maintained and enhanced as a link between major centres.

The proposed development will utilise the existing access point from the Warrego Highway.  The proposed extensions will not significantly increase the volume of traffic to and from the site and will not alter the existing function of the road system.

PC 10 Development Adjacent to Highways

Development adjacent to State Controlled Roads is located to ensure safe and efficient use of the highway and maintain the integrity of the highway as a commuter link.

The proposed extensions will not alter the siting of existing buildings on the site in proximity to the Warrego Highway.  The existing access point to the site from the Warrego Highway will be maintained and utilised.  New units are proposed at the rear of the site and will not compromise the integrity of the highway as a commuter link.

PC 11 Noise Sensitive Developments

Noise sensitive developments (residential, educational and community) must ensure that road traffic noise levels are appropriately managed to achieve acceptable levels of amenity.

The proposed unit extensions are sufficiently separated from the Warrego Highway such that the units will not be exposed to excessive noise levels, and the proposed Function Centre will be located within the existing Sports Centre building on the site.  The Department of Transport and Main Roads are a concurrence agency for the development application and had no requirements pertaining to noise attenuation for the proposed buildings.

PC 12 Development in the Vicinity of Aerodrome

Development in the vicinity of an aerodrome:

a)   does not adversely affect the operation of the aerodrome;

b)   is designed and located to achieve a suitable standard of amenity for the proposed activity; and

c)   does not restrict the future operational demands of the aerodrome.

Not Applicable – The proposed development is not the vicinity of the aerodrome.

PC 13 Development in the Vicinity of Aerodrome

The development of premises does not cause an obstruction or other potential hazard to aircraft movement associated with the aerodrome by way of:

a)   the physical intrusion of buildings or other structures into the Obstacle Limitation Surface;

b)   attracting birds or bats to the area which could cause or contribute to bird strike hazard;

c)   providing very bright lighting or lighting similar to aerodrome lighting which can distract or confuse pilots;

d)   interfering with navigation or communication facilities;

e)   emissions that may affect pilot visibility or aircraft operations; or

f)    transient intrusions into the aerodromes operational space.

Not Applicable – The proposed development is not the vicinity of the aerodrome.

PC 14 Gas and Oil Pipelines

Buildings are located at an appropriate distance from pipelines to ensure community safety and operation of the use is not compromised.

The subject site is not within 100 metres of a gas or oil pipeline.

PC 15 Refuse Tips and Effluent Treatment Plants

Premises are located at an appropriate distance from refuse tips and effluent treatment plants to ensure community safety and operation of the uses are not compromised.

The subject site is not within 500m of any boundary to a refuse tip or effluent treatment plant.

PC 16 Rail Corridors

Development is at an appropriate distance from the rail corridor so as not to prejudice safety, speed or intended role of the existing and proposed rail corridors.

 

The proposed development is not located within 100 metres of the rail corridor to the south.

PC 17

Development adjoining the rail corridor is protected from the impact of noise.

Not Applicable – the proposed development does not adjoin the rail corridor.

PC 18 Electricity Transmission Line Easement – Vegetation

Transmission lines within an Electricity transmission line easement are protected from vegetation.

Not Applicable – the site does not contain an Electricity transmission line easement.

PC 19 Electricity Transmission Line Easement – Separation Distance

Building and “community orientated uses” are located a minimum distance from lines to ensure community safety.

The site is not in proximity to an Electricity transmission line easement.

2. Environment

PC 20 Watercourses

Development ensures the maintenance of riparian areas and water quality including protection from off-site transfer of sediment.

All proposed development is located further than 10 metres from the high bank of Bungil Creek to the west of the site.

PC 21 Flooding

Premises are designed and located so as:

a) not to adversely impacted upon by flooding;

b) to protect life and property; and

c) not to have an undesirable impact of the extent and magnitude of flooding.  

The site is protected from flooding by an earth mound levy bank along the Bungil Creek boundary, which extends both upstream and downstream from the site.  These measures will not be altered by the proposed development.  Additionally, the finished floor level of all proposed units will be the same level or higher than the existing motel units. 

 

These measures ensure the proposed development is compliant with SPP1/03 Mitigating the Adverse Impacts of Flood, Bushfire and Landslide in that the hazards of flood have been adequately considered and addressed in the location and design of the proposed development.

 

The proposed development will be required to implement on-site stormwater management treatments to protect adjoining, upstream and downstream properties from any worsening of flood conditions.

PC 22 Air Emissions

Air emissions from premises do not cause environmental harm or nuisance to adjoining properties or sensitive land uses.

The proposed development will not cause environmental harm or nuisance from air emissions.

PC 23 Noise Emissions

Noise emissions from premises do not cause environmental harm or nuisance to adjoining properties or sensitive land uses.

The proposed extension is anticipated to generate limited noise emissions.

PC 24 Water Quality

The standard of effluent and/or stormwater runoff from premises ensures the quality of surface water is suitable for:

(a) the biological integrity of aquatic ecosystems;

(b) recreational use;

(c) supply as drinking water after minimal treatment;

(d) agricultural use; or

(e) industrial use.

Appropriate water quality treatment devices will be required as part of the on-site stormwater collection and dispersal system.  This will be included as a condition of approval. 

PC 25 Excavation and Filling

Excavation and filling of land ensures:

a) that both the amenity and safety of users of the site and adjacent land holdings; and

b) soil erosion is kept to a minimum with remedial works.

Conditions will require that any excavation or filling is undertaken in accordance with Schedule 7: “Standards for Construction Activity”.

PC 26 Construction Activities

Both erosion control and silt collection measures are undertaken so as to ensure protection of environmental values during construction.

Conditions will require that during construction, soil erosion and sediment is managed in accordance with Schedule 7: “Standards for Construction Activity”.

PC 27 Separation of Incompatible Land Uses

Separation distances are provided to ensure:

a)   the future of surrounding uses;

b)   infrastructure items are protected from incompatible development;

c)   an appropriate standard of amenity and public safety; and

d)   conflict arising from incompatible uses in minimised.

The site does not adjoin rural activities or Intensive Animal Industries.

PC 28 Good Quality Agricultural Land

Good Quality Agricultural Land areas as identified in Map R2 – Good Quality Agricultural Land are conserved and managed for the longer term and protected from development that may lead to its alienation or diminished productivity.

The subject site has been developed for a Motel use and does not contain sufficient area to support agriculture or other rural activities. The proposed development will not result in the further fragmentation of Good Quality Agricultural Land.

 

PC 29 Vegetation Retention

Development retains vegetation for the :

a)   protection of scenic quality;

b)   protection of general habitat;

c)   protection of soil quality; and

d)   establishment of open space corridors and networks.

The site has been cleared for the existing Motel use and the proposed extensions will not involve the clearing of any further vegetation.

PC 30 Protected Areas

Development is undertaken to ensure areas of significant biodiversity and habitat values are protected.

The northern half of the site is mapped as being located within a Protected Area, however the site has previously been cleared for the existing Motel use and does not contain any significant environmental processes or areas of ecological value. Limited development will occur in this area.

PC 31 Sloping Land

Development is undertaken to ensure:

a)   vulnerability to landslip erosion and land degradation is minimised; and

b)   Safety of persons and property is not compromised.

The proposed extensions are not on a part of the site with a slope greater than 15%.

PC 32 Bushfire Hazard Area

Development maintains the safety of people and property by avoiding areas of High or Medium Bushfire hazard or mitigating the risk through:

a)   the siting of buildings ensuring setbacks from hazardous vegetation are maximised and elements least susceptible to fire are sited closest to the bushfire hazard; and

b)   the provision of firebreaks to ensure adequate setbacks between Buildings, structures and Hazardous vegetation.

The site is located within an area of Medium Bushfire Hazard. The site has been predominantly cleared for the existing Motel use however, and all existing and proposed structures are well setback from vegetation along Bungil Creek.  The proposed extensions are therefore not considered to be at risk of bushfire hazard.

PC 33 Character Buildings

Development adjacent to buildings identified as heritage or character buildings within Schedule 9 incorporates design features, materials and details that blend with the existing character.

Not Applicable – the site is not adjacent to buildings identified as heritage or character buildings.

PC 34 Cultural Heritage

The significance of known places of indigenous and/or cultural heritage value is retained.

The site is not in proximity to any know places of indigenous or cultural heritage value.

PC 35 Residential Outbuildings

Rural residential amenity is to be maintained.

Not Applicable – the proposed development is not for residential outbuildings.

Specific Land Uses

PC 36 – Catteries and Kennels

Not Applicable – the proposed development is not for a Cattery or Kennel. 

PC 37-40 – Commercial Premises

Not Applicable – the proposed development is not for a Commercial Premise. 

PC 41-44 – Community Use 

Not Applicable – the proposed development is not for a Community Use. 

PC 45-47 – Dwelling House

Not Applicable – the proposed development is not for a Dwelling House. 

PC 48-51 – Forestry

Not Applicable – the proposed development is not for a Forestry. 

PC 52-54 – Home Based Business

Not Applicable – the proposed development is not for a Home Based Business. 

PC 55-58 – Host Home Accommodation

Not Applicable – the proposed development is not for a Host Home Accommodation. 

PC 59-63.2 – Industrial

Not Applicable – the proposed development is not for an Industrial use. 

PC 64-66 – Refrigerated Animal Carcass Storage

Not Applicable – the proposed development is not for Refrigerated Animal Carcass Storage. 

PC 67 – Service Station

Not Applicable – the proposed development is not for a Service Station. 

PC 68 – Telecommunications Facility

Not Applicable – the proposed development is not for a Telecommunications Facility. 

PC 69-72 – Temporary Workers Accommodation

Not Applicable – the proposed development is not for Temporary Workers Accommodation. 

PC 73-75 – Tourist Facility

Not Applicable – the proposed development is not for a Tourist Facility. 

 

Submissions

 

Twenty-seven submissions were lodged to Council during the public notification period.  Nineteen submissions were properly made; each submitter’s name and address is listed below:

 

 

Loloma Robertson

C/- Murdoch Lawyers

PO Box 963

Toowoomba QLD 4350j

 

Yolande Thomas

yoie.greg@bigpond.com

 

Peter & Linda Hacker

‘Roselea’

Muckadilla QLD 4461

roseleastud1@bigpond.com.au

 

Les &Sharon Leddington-Hill

1292 Woodburn Rd

Roma QLD 4455

siwa57@bigpond.com

 

Simon & Katrina Body

body.co@bigpond.com

 

Narissa & Mark Jowett

njowe3@eq.edu.au

 

Kay Watson

oak@flats@bigpond.com

 

Andrew Bow

andrewbow@westnet.com.au

 

Paul & Debra Schefe

16 Roma Cres

Roma QLD 4455

notquiteoutback@aapt.net.au

 

Juliet Sheridan

julestim@bigpond.net.au

 

Caron Brindley

cabrindley@aapt.net.au

 

Jessica Lee

45 Derry St

Roma QLD 4455

jezz04@ westnet.com.au

 

Craig, Justine, Sage & Rosie Miller

76 Bowen St

Roma QLD 4455

candjm@bigpond.net.au

 

Colin, Deborah, Andrew, Daniel, Benjamin, Jeremy & Michael Walsh

M/S 2006 ‘Venturah’

Roma QLD 4455

 

Sue D. Pukallus

‘Warrabinda’

M/S 2006

Roma QLD 4455

 

Irene Wynne

‘The Valley’

Bingara NSW 2404

irenewyn@yahoo.com

 

Allyson Weir

acweir1@bigpond.com

 

Kel & Tilly Butler-Woodall

Lesa Bode & Lauren Holworth

‘Kimberley Downs’

Mitchell QLD 4465

kel@bigpond.com

 

Leonie Axford

axfordsmail@aapt.net.au

 

 

Eight submissions were not properly made; each submitter’s name and address is listed below:

 

S.C. Jamieson

Address not supplied

 

Beth Jamieson

Address not supplied

 

G.L. Rohrlauh

Address not supplied

 

Kel & Myrtil Woodall

Lesa Bode & Lauren Holworth

“Kimberley Downs”

Mitchell QLD 4465

kel@bigpond.com

 

Name Withheld

Address not supplied

 

Sandra Kelly

Address not supplied

 

Debbie Campbell

bottletree@bigpond.com

 

Antonette Anderson

Address not supplied

 

 


 

The following issues were raised by the submitters in the notification period for the application.  Each issue and the response are outlined below:

 

Issue

Response

The existing Roma Indoor Sports Centre provides crucial recreational facilities for Roma and should not be replaced.  In particular, there is no other venue suitable for a gymnastics set up.

 

The proposed conversion of the sports centre for use as a commercial development is not in accordance with the intent of the Rural Area.

The Sports Centre is privately owned, and as such, Council cannot enforce its retention, provided that the development replacing it does not contradict the Roma Planning Scheme. 

 

The proposed development also identifies the need for a Function Centre within Roma, which would benefit the community and is able to accommodate a number of different uses within the one building.

 

Although located at the Rural Area, the site is considered appropriate to accommodate the proposed use. The site is already developed with a Motel and privately-owned Sports Centre. The proposed development is considered to meet the overall outcomes of the Rural Zone Code, as it will not prejudice the siting of future rural uses, maintains the rural amenity of the surrounding area and will not adversely impact on the environmental values of Bungil Creek, which adjoins the site to the north-west.

The existing Motel is understaffed and extensions will put pressure on existing staff.

This is not considered to be a planning issue.

The existing Motel is not up to health standards and should not be allowed to expand.

This is not considered to be a planning issue.

Earthworks associates with the proposed development will divert flood waters from Bungil Creek to sites to the south of the Warrego Highway, causing flooding.

The site is also located within the 1 in 100 year flood event area.  The site is protected from flooding by an earth mound levy bank along the Bungil Creek boundary, which extends both upstream and downstream from the site.  The proposed development will be required to implement on-site stormwater treatment measures to ensure that the proposed development does not adversely impact on upstream sites.

The application does not address what impact the intensification of development will have on the creek system, particularly biodiversity and water flow.

The proposed unit extensions will be located a minimum of 18 metres away from the boundary of the site abutting Bungil Creek.  No vegetation is to be cleared and measures will be taken during construction to control sediment and erosion on the site. Therefore the proposed development will not adversely impact on the environmental values and systems of Bungil Creek.

The application does not show how the proposed development addresses the requirements of the Roma Town Planning Scheme.

The proposed development is for an extension to an existing Motel, and conversion of the existing Sports Centre to a Function Centre.  Both proposed uses are considered to be consistent with the existing use on the site, and with Acceptable Solutions and/or the Performance Criteria of the Rural Area Code (refer to Performance Criteria and Assessment Responses within this report).

There is no proposal to add walkways, cycle ways or other means of linking the development to the rest of the town of Roma.

The existing Motel is situated within close proximity to the Roma Town Centre.  An existing footpath in good condition runs along the entire frontage of the site, and will be retained and utilised by the proposed development.  The proposed development will utilise the existing road network and access to the site, and will close off access to Short Street, in accordance with Department of Transport and Main Roads (DTMR) conditions. The proposed development provides sufficient car parking spaces to allow visitors to access the site by private vehicle.

The application does not properly assess the traffic impact in the area, including increased traffic movements within the site and increased parking demands.

The proposed extension to the Motel will incorporate 26 new car parking spaces, including one space for disabled persons, in accordance with Schedule 2: Standards for Roads, Car Parking, Access and Manoeuvring Areas, bringing the total number of Motel car parking spaces to 160.

 

As the site does not directly adjoin residential areas, it is considered that additional traffic movements resulting from the proposed development will not adversely impact on residential amenity.

 

Ingress to and egress from the site will only be permitted via the existing crossover to the Warrego Highway. DTMR have imposed conditions requiring the closure of access to Short Street and utilisation of the existing access from the Warrego Highway in order to maintain road safety and efficiency 

There is no assessment of the amenity impacts of the proposed development, including light, noise and social impacts.

The existing Motel and Sports Centre is located in the Rural Area and is not adjoined by any sensitive land uses.  The proposed extension to the Motel is not considered to significantly increase the amenity impacts of the Motel, and all light and noise emissions will be sufficiently managed in accordance with the development conditions.  The proposed Function Centre will be established inside the existing Sports Centre on the site, and will not significantly increase noise or light emissions beyond existing levels.

The lighting and signage details for the development have not been provided by the applicant, and cannot be assessed.

Any new signage for the proposed development will be subject to a further town planning application and development approval, if required.

Lighting is required to be managed in accordance with the conditions for development.

 

Other assessment issues

Subsequent approval for Building and Operational works will be required. 


Attachment 2

DTMR Concurrence Agency Conditions

 





Attachment 3

Engeny Flood Assessment Report

 



Attachment 3

Engeny Flood Assessment Report

 

 


Maranoa Regional Council

    

General Meeting -  26 October 2011

Status Report

Meeting: General  26 October 2011

Date: 12 October 2011

Item Number: 15.1

File Number: D11/30093

 

SUBJECT HEADING:                     Meeting Resolution Report

Classification:                                  Open Access 

Report compiled by:                       Tanya Mansfield, Manager Performance and Planning

 

Month & Year of Report:                September 2011

Name of Department:                     All Departments of Council

 

 

Executive Summary: 

In response to expressed interest from Councillors, the attached report has been prepared to record and report on the organisations performance in actioning resolutions from General Council Meetings. 

 

The first report shows actions that have not yet been completed and has been generated from the Info Council system.  The second report is a spreadsheet that has been generated to show outstanding actions from Council meetings held before the introduction of Info Council.

 

 

Officer’s Recommendation:

That Council receive and note the Officer’s report as presented.

 

 

A progress report recording resolutions that have not yet been completed is attached for Councillors information.

 

Supporting Documentation:

1View

Outstanding Resolution Report - Post Info Council

D11/30729

2View

Outstanding Resolution Report - Pre Info Council

d11/30784

 

Report authorised by:

Paul Bawden, Chief Executive Officer

  


Attachment 1

Outstanding Resolution Report - Post Info Council

 



Attachment 2

Outstanding Resolution Report - Pre Info Council

 

















Maranoa Regional Council

    

General Meeting -  26 October 2011

Status Report

Meeting: General  26 October 2011

Date: 12 October 2011

Item Number: 15.2

File Number: D11/30095

 

SUBJECT HEADING:                     Project Performance Report

Classification:                                  Open Access 

Report compiled by:                       Tanya Mansfield, Manager Performance and Planning

 

Month & Year of Report:                September 2011

Name of Department:                     All Directorates of Council

 

 

Executive Summary: 

This monthly project performance report is presented to Council to provide a snapshot of the organisations performance in delivering projects identified in the Operational Plan, by Council resolution or through a continual improvement process.

 

 

Officer’s Recommendation:

That Council receive and note the Officer’s report as presented.

 

 

The Project Performance Report is delivered monthly and assesses the organisations cumulative progress towards delivering projects.

 

This report includes both ongoing projects, and projects that are planned to commence in the 2011/2012 financial year.  Each project includes a series of stages and the month each stage is expected to be completed is marked in blue.  If the deadline has been achieved, this will now be marked in green.  Deadlines not achieved will be marked in red.

 

This month delays have been experienced on the following projects, and comments have been recorded in the attached document providing an explanation for the delays:- Asset Management, master planning and redevelopment of Basset Park,

Roma Airport – 10,500 m2 apron, Fairview Road.  Weather has caused delays on the following roadworks – Feather Street, Elmer Street, Wallumbilla North Road, Ashmount Road.

 

Supporting Documentation:

1View

Project Report

d11/30758

 

Report authorised by:

Paul Bawden, Chief Executive Officer

  


Attachment 1

Project Report

 









 


Maranoa Regional Council

    

General Meeting -  26 October 2011

Status Report

Meeting: General  26 October 2011

Date: 11 October 2011

Item Number: 16.1

File Number: D11/29955

 

SUBJECT HEADING:                     Monthly Statistical Report

Classification:                                  Open Access 

Report compiled by:                       Edward Sims, Manager Organisational Performance

 

Month & Year of Report:                September 2011

Name of Department:                     Economic, Business and Tourism Development

 

 

Executive Summary: 

This report provides Council with a summary of the performance of the Economic Development and Tourism Unit against key performance indicators for September 2011.

 

Statistics contained in the report and which are illustrated graphically detail:

 

ü the level of engagement with businesses within the region,

ü the level of engagement with external investment proponents,

ü the numbers of visitors presenting at Visitor Information Centers (VIC’s)

 

The activity is stimulated by the distribution of marketing collateral, promotions, and direct contact by officers within the unit.

 

The highlight of the month was the hosting of the Surat Basin Conference, 7 to 9 September.  The event attracted 222 delegates including speakers and exhibitors and provided a significant number of hot prospects for inbound business migration.

 

Business at VICs is consistent with expectations for this time of the tourism season.

 

The Manager of the unit was absent on annual leave for two weeks during the reporting period.

 

Officer’s Recommendation:

That Council receive and note the Officer’s report as presented.

 

 

 

1.         Economic Development (Community Engagement)

 

 

 

ED Mgr

ED Coord

Total Aug 11

Total Sep 11

Roma

5

164

93

169

Injune

2

12

2

14

Surat

2

5

19

7

Mitchell

2

7

6

9

Yuleba

2

5

7

7

 

The ED Manager was on leave for two weeks of the period and is also deployed on strategic projects i.e. Maranoa Housing, Airport Terminal Display. Roma numbers are greater than usual due to the stimulus of the Surat Basin Conference.

 

2.         External inquiry

 

 

ED Mgr

ED Coord

Total Aug 11

Total Sep 11

Investment

34

43

101

77

General

16

163

35

179

Liveability

0

3

6

3

 

Due to the focus of CSG activity, Roma statistics dominate the report, however contact with regional centres remains healthy.  General enquiry statistics reflect the stimulus of the Surat Basin Conference.

 

3.         Marketing Indicators

 

Month

Oct-10

Nov-10

Dec-10

Jan-11

Feb-11

Mar-11

Apr-11

May-11

Jun-11

Jul-11

Aug-11

Sep-11

Daily avg

7

8

6

6

8

12

12

10

11

9

15

12

Total

242

243

215

203

241

373

367

335

349

306

481

380

 

 

 

Month

Oct-10

Nov-10

Dec-10

Jan-11

Feb-11

Mar-11

Apr-11

May-11

Jun-11

Jul-11

Aug-11

Sep-11

Daily avg

53

60

65

65

64

62

58

49

42

36

43

35

Visits

1664

1819

2034

2034

1793

1944

1762

1546

1273

1140

1343

1070

 

4.         Visitor Information Centres

 

 

2009

2010

2011

Roma

2569

4141

2515

Mitchell

2124

3610

2444

Injune

2597

2664

2048

Wallumbilla

0

1170

739

Surat

1779

1715

1398

Regn'l Total

9069

13300

9144

 

Supporting Documentation:

Nil

Report authorised by:

Tony Klein, Director of Community Services

Paul Bawden, Chief Executive Officer

  


Maranoa Regional Council

    

General Meeting -  26 October 2011

Status Report

Meeting: General  26 October 2011

Date: 12 October 2011

Item Number: 16.2

File Number: D11/30085

 

SUBJECT HEADING:                     Community Development Report

Classification:                                  Open Access 

Report compiled by:                       Tanya Mansfield, Manager Performance and Planning

 

Month & Year of Report:                Performance Report for September 2011

Name of Department:                     Community Services Department

 

 

Executive Summary: 

This monthly report is presented to Council to provide a statistical summary of the organisation’s performance in delivering community development services.

 

 

Officer’s Recommendation:

That Council receive and note the Officer’s report as presented.

 

 

This performance report provides information and statistics on five key areas being library circulation, visitation to art galleries, Queensland Government Agent services, non-financial community assistance and community engagement activities.

 

Supporting Documentation:

1View

Community Development Performance Data

d11/30721

 

Report authorised by:

Tony Klein, Director of Community Services

Paul Bawden, Chief Executive Officer

  


Attachment 1

Community Development Performance Data

 






Maranoa Regional Council

    

General Meeting -  26 October 2011

Status Report