Description: Maranoa Logo Process

 

Business Paper

 

General Meeting

 

Wednesday 27 February 2013

 

Roma Administration Centre

 

NOTICE OF MEETING

 

Date: 1 March 2013

 

 

Mayor:                                                    Councillor R S Loughnan

 

Deputy Mayor:                                        Councillor W S Wason

Councillors:                                             Councillor J L Chambers

                                                              Councillor R J Denton

                                                              Councillor P J Flynn

                                                              Councillor W M Newman

                                                              Councillor C J O’Neil

                                                              Councillor M L Price

                                                              Councillor D J Schefe

 

Chief Executive Officer:                            Ms Julie Reitano

 

Senior Management:                                Mr Tony Klein (Director Community & Commercial Services)

                                                              Mr Michael Parker (Acting Director Infrastructure Services)

                                                              Mr Rob Hayward (Director Development, Facilities & Environmental Services)

 

Officers:                                                  Ms Jane Frith (Coordinator Corporate Communications)

 

Please find attached agenda for the General Meeting to be held at the Roma Administration Centre on February 27, 2013 at 9.00am.

Julie Reitano

Chief Executive Officer

 


Maranoa Regional Council

    

General Meeting -  27 February 2013

TABLE OF CONTENTS

Item       Subject

No

1            Welcome

 

2            Present/Apologies

 

3            Confirmation of Minutes

              General  13 February 2013................................................................................................. 4

 

4            Business arising from Minutes

 

5            On the Table  

 

6            Presentations/Petitions and Deputations

6.1         Powerlink                                                                                      11.00am

Representatives from Powerlink, Terry Miller and Leah Davis will provide Council with updates on current projects in our region and associated upcoming milestones.

This relates specifically to the release of Draft Environmental Impact Statements for the proposed infrastructure and strategy for working with Council and landowners.  

 

 

7            Consideration of notices of business

 

8            Consideration of notices of motion  

 

9            Reception of notices of motion for next meeting

 

Reports

 

10          Office of the CEO & Organisational Services

10.1      SRC/CNF Housing and Horizon Housing Company.............................. 52

Prepared by:      Edward Sims, Manager - Major Projects, Economic Development & Tourism

Attachment 1:     HHC-MRC Draft Call Option Agreement.............................. 55

Attachment 2:     HHC - MRC Draft affordable housing agreement................ 56

Attachment 3:     McInness Wilson leagl opinion-HHC Key Worker Deed and Call Option....................................................................................... 75

 

11          Community & Commercial Services

11.1      Easter in the Country - Origin Sponsorship Withdrawal........................ 77

Prepared by:      Tony Klein, Director - Community & Commercial Services

11.2      Maruma-Li Mari (Family Violence Legal Prevention Service) overview and future strategic direction............................................................................................. 79

Prepared by:      Melissa Wathen, Manager- Social Services

 

12          Corporate Services

 

13          Infrastructure Services

13.1      Naming of Unnamed Road............................................................................. 83

Prepared by:      Kim Edwards, Technical Officer - GIS/CAD

Attachment 1:     Mapping of Proposed Street Names Bristol St Mitchell & Oxley St Yuleba....................................................................................... 85

Attachment 2:     Mapping of Proposed Street Naming Bristol St Mitchell & Oxley St Yuleba....................................................................................... 86

13.2      Roadworks Capital Programme 2012/2013................................................ 87

Prepared by:      Kym Downey,  Manager - Infrastructure Planning & Design

Attachment :       Capital Works Program 2012_2013 attachment D13_1370 89

13.3      Northern Road and Euthulla Road Intersection Issue ........................... 90

Prepared by:      Julian McEwan, Manager - Roads & Drainage North & Regional Parks & Gardens

Attachment 1:     MUTCD Part 4 Supporting Evidence Euthulla Rd............... 97

Attachment 2:     Chapter 13 Intersections at Grade DMR Road Planning and Design Manual - Euthulla..................................................................... 98

Attachment 3:     Health and Safety Audit Report - Ollie Dowd Euthulla Rd 100

 

14          Development, Facilities & Environmental Services

14.1      Material Change of Use – “Industry” (High Impact Industry) and Caretaker’s Residence and ERA 8(3a) Chemical Storage, ERA 53 – Composting and Soil Conditioner Manufacturing, ERA 56(2) – Regulated Waste Storage, ERA 57(2)(a) – Regulated Waste Transport, ERA 58 – Regulated Waste Treatment, ERA 63(2)(b)(i) – Sewage Treatment (File Ref: 2012/18302)................................................ 101

Prepared by:      Danielle Pearn, Coordinator - Planning

Attachment 1:     Body of Report...................................................................... 108

Attachment 2:     Development Plans............................................................... 124

Attachment 3:     Department of Transport and Main Roads - Concurrence Agency Response............................................................................... 132

Attachment 4:     Department of Natural Resources and Mines - Concurrence Agency Response and Permit........................................................... 141

Attachment 5:     Department of Environment and Heritage Protection - Concurrence Agency Response ................................................................ 145

Attachment 6:     Department of Environment and Heritage Protection - Concurrence Agency Permit....................................................................... 147

14.2      Material Change of Use - "Accommodation Units" (2 units) (File Ref: 2012/18238) 165

Prepared by:      Danielle Pearn, Coordinator - Planning

Attachment 1:     Body of Report...................................................................... 172

Attachment 2:     Development Plans............................................................... 186

Attachment 3:     Adopted Infrastructure Charges Notice.............................. 192

 

Status Reports

 

15          Office of the CEO & Organisational Services

 

16          Community & Commercial Services

 

17          Corporate Services

 

18          Infrastructure Services

 

19          Commercial Business

 

20          Building, Facilities & Environmental Services

 

Next General Meeting

 

 

Confidential Items

 

In accordance with the provisions of section 275 of the Local Government Regulation 2012, a local government may resolve to close a meeting to the public to discuss confidential items that it’s Councillors or members consider it necessary to close the meeting.

 

C           Confidential Items

C.1        Write Off of Unrecoverable Rates

              Classification:      Closed Access

Local Government  Regulation 2012 Section 275(d) rating concessions.

C.2        Request for Rates Concession

              Classification:      Closed Access

Local Government  Regulation 2012 Section 275(d) rating concessions.

C.3        Request for Discount to be Granted after Late Payment of Rates

              Classification:      Closed Access

Local Government  Regulation 2012 Section 275(d) rating concessions.

 

Councillor Business

 

21          Councillor Business

 

 

Closure

 

 Minutes of the General Meeting of maranoa Regional Council held at Roma Administration Centre on 13 February 2013 commencing at 9.00am

 

ATTENDANCE

 

Mayor Cr. R S Loughnan chaired the meeting with, Deputy Mayor Cr W S Wason, Cr. J L Chambers, Cr. R J Denton, Cr P J Flynn, Cr. W M Newman, Cr. C J O’Neil, Cr. M L Price,  Chief Executive Officer – Julie Reitano, Coordinator - Communications – Jane Frith, and Kelly Rogers Minutes Officer in attendance.

 

AS REQUIRED

Director Community & Commercial Services – Tony Klein, Director Development & Environment Services – Rob Hayward, Director Infrastructure Services (Acting) – Michael Parker.

 

GUESTS

 

There were no guests in attendance at the meeting.

 

WELCOME

 

UNCONFIRMEDIn the absence of the Mayor, the Deputy Mayor welcomed all present and declared the meeting open at 9.04am.

 

APOLOGIES   

 

Resolution No. GM/02.2013/01

Moved Cr Chambers                                              Seconded Cr O'Neil

 

That apologies be received and leave of absence granted for Cr. Schefe  for this meeting.

 

CARRIED                                                                                                                   7/0

 

 

Confirmation of Minutes

 

Resolution No. GM/02.2013/02

Moved Cr Denton                                                    Seconded Cr Chambers  

 

That the minutes of the General Meeting (1-23.01.13) held on 23 January 2013 be confirmed as amended to include the following change:-

 

Item number 13.2 – Surat Water Supply Update – Point 1 – include the word “raw” preceding the word “water.”

 

CARRIED                                                                                                                   7/0

 

 

Business Arising FROM MiNUTES

 

There was no business arising from the minutes.

 

On the Table

 

There were no items for discussion on the table.

 

Presentations/Petitions and Deputations

 

The Mayor and Councillors held a presentation to recognise the achievements of high performing staff of Maranoa Regional Council, who were nominated for the Maranoa Medal Program.

 

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.

UNCONFIRMED

Business

 

Executive Services

 

Item Number:                               10.1

File Number: D13/3766

Subject Heading:                 Consideration of Elected Member attendance at Upcoming Conferences

Location:                                       Mercure Hotel, Brisbane & Aberfoyle Park, Adelaide

Author and Officer’s Title:        Kelly Rogers, Coordinator - Executive Services

Executive Summary: 

Council had received notification of upcoming events for which Elected Members may like to consider attendance as part of enhancing policy and strategy development for Maranoa Regional Council.

 

Discussion:

Two of the activities under consideration involved attendance of the Mayor.  The Deputy Mayor called for and accepted a “Mover” and “Seconder” of the motion.  At that time no vote was taken to  allow for the arrival of the Mayor at a later point during the meeting.

 

Moved Cr Newman                                                      Seconded Cr Chambers

                                                                                                                                         

That Council endorse the attendance of nominated Elected members as follows:-

 

1.            The Mayor in attending the upcoming Community Cabinet Meeting if approved on 20 February 2013 in South Australia;

 

2.            One Elected Member (The Mayor with first refusal, followed by the Deputy Mayor or delegated Councillor, with Cr Price expressing an interest), and one member of staff at the Australian & New Zealand Disaster & Emergency Management Conference on 29 – 31 May 2013 in Brisbane;

 

3.            The Mayor and Cr. O’Neil in travelling to Canberra on 19 & 20 March 2013, to meet with a number of Federal Ministers to seek financial support for flood mitigation in Roma, Mitchell and Amby.

UNCONFIRMED

NO VOTE TAKEN

 

 

 

Item Number:                               10.2

File Number: D13/4429

Subject Heading:                 Easter in the Country - Mayoral Breakfast

Location:                                       Roma

Applicant:                                     Roma Combined Christian Churches

Author and Officer’s Title:        Kelly Rogers, Coordinator - Executive Services

Executive Summary: 

Traditionally as part of the Easter in the Country Festival (EITC), Council has partnered with Roma Combined Christian Churches annually by way of hosting a joint “Mayoral Breakfast” to commence the EITC celebrations.

 

Discussion:

Cr. Newman stated  that she was not in favour of Council providing a donation to the Roma School Chaplaincy Program.

 

Resolution No. GM/02.2013/03

Moved Cr Denton                                                    Seconded Cr O'Neil  

That Council:-

 

1.   Continue to partner with Roma Combined Christian Churches in hosting the EITC Mayoral Breakfast;

 

2.   Review the current event format and financial contribution as part of the 2013/14 budget deliberations.  

 

 

CARRIED (Cr. Newman voted against the motion)                                              6/1

 

Responsible Officer

Coordinator - Executive Services

 

 

Item Number:                               10.3

File Number: D13/4809

Subject Heading:                 ULDA extension of Acacia St

Author and Officer’s Title:        Edward Sims, Manager - Major Projects, Economic Development & Tourism

Executive Summary: 

The ULDA are preparing to transfer title of land in Cottell St Roma to Horizon Housing Company who in conjunction with SANTOS is constructing affordable accommodation to house key workers (apprentices) in our region.

 

The lots for development immediately adjoin the lot owned by the Endeavour Foundation, and a new road is to be constructed adjacent to its northern border.   It is proposed to push this new road into stage 8a of the UDA to link the network of access lanes in Stage 8b to Cottell St.  

 

Prior to the Department of Natural Resources and Mines (DNRM) being able to finalise registration of the title to HHC, they had requested Council’s support of the road dedication as was needed with Stage 1.

 

 

Discussion:

Council determined that the matter should lay on the table for further consideration at a later point during the meeting, pending clarification of the location of the community garden (to determine that there would be no impacts on that activity).

 

Action:

That the matter lay on the table for further consideration at a later point during the meeting pending further investigation.

 

 

 

The Mayor entered the Chamber at 9.33am, and assumed the Chair.

 

 

Item Number:                               10.4

File Number: D13/4771

Subject Heading:                 Proposed Research Tour to the USA and Canada

Author and Officer’s Title:        Edward Sims, Manager - Major Projects, Economic    Development & Tourism

Executive Summary: 

Sponsored by SANTOS and ORIGIN and in conjunction with an interested consultative group, Toowoomba and Surat Basin Enterprise (TSBE) has arranged a study tour of the energy provinces of USA and Canada during April 2013.  

 

The premise for the tour is that USA and Canada have had the impact of the energy industry on their communities for many decades – as such, we have an opportunity to learn and explore mistakes and successes that have occurred in other regions.  This is an opportunity to obtain first hand quality information from sources allied to Australian local government.

 

The trip has been assembled through a working group of Industry and Government with assistance from a consultant with Canadian Industry experience.  TSBE are keen to obtain Council’s response both positive and negative, by Wednesday 13 February 2013.  After receiving Council’s feedback they aim to take the proposed tour to a wider market.

 

This report sought Council’s Expression of Interest for participation in the proposed tour which was explained in the attachment to the agenda report.    

 

Discussion:

Council determined that the matter should lay on the table pending further investigation of estimated costs alignment with adopted allowances under the Councillor Expense and Provision of Facility Policy.

 

Action:

That the matter lay on the table for further consideration at a later point during the meeting pending further investigation.

 

 

UNCONFIRMEDCommunity & commercial Services

 

Item Number:                               11.1

File Number: D13/3939

Subject Heading:                 2013 Australia Day Awards & Celebrations Post Event Report

Author and Officer’s Title:        Nicola Gear, Coordinator - Community Development Surat

Executive Summary: 

A Post Event Report on the 2013 Australia Day Awards & Celebrations held on 26 January 2013.

 

UNCONFIRMEDDiscussion:

Cr. O’Neil commended staff on a well organised event, in particular the efforts of the Community Development Team.  Cr. Denton made particular mention of the new Coordinator – Community Development for Injune – congratulating her on her new role and acknowledging her contribution to date.

 

Cr. Price requested the timing of events across the region be reviewed.  The Director of Community & Commercial Services advised Council that this would be undertaken by the team as a matter of routine to ensure the wishes of the community are best accommodated.

 

The Mayor congratulated Councillors on officiating the respective ceremonies across the region, and stated that the inclusion of the ‘Golden Dogger Awards’ in this year’s program was a positive step towards  promoting the importance of wild dog control across the region.

 

Resolution No. GM/02.2013/04

Moved Cr Chambers                                              Seconded Cr Newman  

That Council receive and note the Officer’s Report as presented.

 

CARRIED                                                                                                                   8/0

 

Responsible Officer

Coordinator - Community Development Surat

 

Item Number:                               11.2

File Number: D13/929

Subject Heading:                 Healthy Communities Initiative Local Government Area (LGA) Phase 1 - Extension to 30 June 2014

Applicant:                                     Melissa Wathen

Author and Officer’s Title:        Melissa Wathen, Manager- Social Development

Executive Summary: 

The Department of Health & Ageing has offered Maranoa Regional Council the opportunity to negotiate an extended timeframe from July 2013 to June 2014, to use under expenditure for the original Healthy Communities Initiative “Be Healthy Maranoa” program to be allocated to ongoing program delivery.

 

Resolution No. GM/02.2013/05

Moved Cr Price                                                        Seconded Cr Chambers  

That Council authorise the Chief Executive Officer to sign the Deed of Variation once it is received and reviewed.

CARRIED                                                                                                                   8/0

 

Responsible Officer

Manager- Social Development

Item Number:                               11.3

File Number: D13/3381

Subject Heading:                 Roma Placemaking Plan Implementation

Location:                                       Roma

UNCONFIRMEDAuthor and Officer’s Title:        Tony Klein, Director - Community & Commercial Services

Executive Summary: 

Council adopted the Maranoa Placemaking Strategy in December 2011.  Consideration of an implementation methodology of the Roma Placemaking Plan was sought.

 

 

Resolution No. GM/02.2013/06

Moved Cr O'Neil                                                       Seconded Cr Wason  

That Council:-

 

  1. Establish a Roma CBD Advisory Committee incorporating key stakeholders to guide the implementation of the Roma Placemaking Plan including but not limited to regulated parking and mid-street crossings considerations; and

 

  1. Endorse the use of the various car parking audits undertaken over the previous year by Council for the Roma CBD Advisory Committee.

 

CARRIED                                                                                                                   8/0

 

Responsible Officer

Coordinator – Executive Services

 

Infrastructure Services

 

Item Number:                               13.1

File Number: D13/4180

Subject Heading:                 Capital Project - Upgrade of Leumeah Lane

Author and Officer’s Title:        Kym Downey, (Acting) Manager Asset & Design Services

Executive Summary: 

Council had received a request to upgrade Leumeah Lane, Injune to provide wet weather access to the landholder.

 

Discussion:

Council advised that they were in favour of the presented reporting format in consideration of future received requests for road works which have not been formally approved and budgeted for under the current Capital Works Program.

 

Resolution No. GM/02.2013/07

Moved Cr Price                                                        Seconded Cr Flynn  

That:-

 

  1. Council consider this project as part of the upcoming 2013/14 budget deliberations;

 

  1. Prior to that time,  the current road hierarchy document be tabled for consideration at a Council Workshop and then tabled for formal adoption at a Council meeting in the case of  variations.

 

CARRIED                                                                                                                   8/0

 

Responsible Officer

(Acting) Manager Asset & Design Services

 

 

Item Number:                               13.2

File Number: D13/4216

Subject Heading:                 Capital Project - New Road Linking Nellybri Road and Overstone Road

Author and Officer’s Title:        Kym Downey, (Acting) Manager Asset & Design Services

Executive Summary: 

Council has received several requests to construct a public road to link Nellybri Road and Overstone Road.

 

Discussion:

Council discussed that landholders benefiting  from the requested access road linkage, may wish to contribute to  costs, in order to bring access closer to them than is currently available.

 

Resolution No. GM/02.2013/08

Moved Cr Denton                                                    Seconded Cr Chambers  

That:-

 

  1. Council consider this project as part of the upcoming 2013/14 budget deliberations;

 

  1. Prior to budget deliberations the option be investigated of a ‘Special Rate or Charge” for landholders/ratepayers located  in the benefited area (only).

 

CARRIED                                                                                                                   8/0

 

Responsible Officer

(Acting) Manager Asset & Design Services

 

 

Item Number:                               13.3

File Number: D13/4240

Subject Heading:                 CAPITAL PROJECT – FOOTPATH CONSTRUCTION, ARTHUR STREET, ROMA

Author and Officer’s Title:        Kym Downey, (Acting) Manager Asset & Design Services

Executive Summary: 

Council had received a request to construct footpath in front of 63 Arthur Street, Roma.

 

 

Resolution No. GM/02.2013/09

Moved Cr O'Neil                                                       Seconded Cr Price  

That Council consider this project as part of the upcoming 2013/14 budget deliberations.

 

CARRIED                                                                                                                   8/0

 

Responsible Officer

(Acting) Manager Asset & Design Services

 


 

Item Number:                               13.4

File Number: D13/4775

Subject Heading:                 Capital Project - Dust Seals on Maranoa Road

Author and Officer’s Title:        Kym Downey, (Acting) Manager Asset & Design Services

Executive Summary: 

Council had received a request to provide a bitumen seal to Maranoa Road in front of the “Karoola Park” and “Pembroke” homesteads.

 

Resolution No. GM/02.2013/10

Moved Cr Price                                                        Seconded Cr Chambers  

That:-

 

  1. Council consider this project as part of the upcoming 2013/14 budget deliberations;

 

  1. Policy development for managing dust suppression be considered at a Council Workshop prior to the matter being tabled for formal consideration.

 

CARRIED                                                                                                                   8/0

 

UNCONFIRMEDResponsible Officer

(Acting) Manager Asset & Design Services

 

 

Item Number:                               13.5

File Number: D13/3610

Subject Heading:                 Planning study to investigate options for heavy vehicle and Type 2 Road Train access through or around Roma, linking Butcher's Hill to the Roma Saleyard

Author and Officer’s Title:        Peter Weallans, Manager -  Infrastructure Planning

Executive Summary: 

The Department of Transport and Main Roads has commenced a planning study to investigate options for heavy vehicle and Type 2 Road Train access through or around Roma, linking Butcher’s Hill to the Roma Saleyards and has sought Council’s comments/feedback on important considerations for a future access route.

 

Resolution No. GM/02.2013/11

Moved Cr Denton                                                    Seconded Cr O'Neil  

 

That Council:-

 

  1. Provide DTMR with the feedback as identified in the body of the report which outlines the issues that Council would like to be considered as part of the planning study.

 

  1. Advise DTMR that it would welcome the opportunity to provide further feedback/comments in a formal capacity (i.e. letter to Council for formal consideration) as the study progresses through the various stages.

 

CARRIED                                                                                                                   8/0

 

Responsible Officer

Manager -  Infrastructure Planning

 

 

 

 

Development & EnvironmenT services

 

Item Number:                               15.1

File Number: D13/3407

Subject Heading:                 Request to extend operating hours for six months for a Material Change of Use for Industry, Office & Accommodation Units (File Ref: C12.404)

Location:                                       69 Beaumont Drive, Roma Qld 4455 (Lots 2 & 3 on RP892984)

Applicant:                                     Viking Energy Pty Ltd C/- John Hasted, Istana Services Pty Ltd

Author and Officer’s Title:        Danielle Pearn, Coordinator – Planning

Executive Summary: 

This application originally sought a Development Permit for Material Change of Use for Industry (Medium Impact Industry, ERA21 – Motor Vehicle Workshop Operation, ERA43 – Concrete Batching Plant, Chemical Storage and pipe inspection station), Office and Accommodation Units (15 units and amenities block) on land at 69 Beaumont Drive, Roma Qld 4455 and described as Lots 2 & 3 on RP892984.

The proposal is located opposite rural residential development and applied to operate 24 hours a day.  An approval was issued on 30 August 2011 to allow the development but restricting the operating times to the following:

The hours of operation will be limited to 6am to 7pm Monday to Friday and 6am to 1pm Saturday with no operation on Sundays or Public Holidays.  The loading and unloading of goods will be limited to 6am to 7pm Monday to Friday and 6am to 1pm Saturday with no operation on Sundays or Public Holidays

The applicant appealed the decision to restrict the operating hours and a number of mediation meetings have occurred, with the latest being held on 30 November 2012, in the presence of a court appointed mediator.  This meeting confirmed that no mitigation measures could be put in place to overcome the noise of heavy vehicles entering and leaving the site throughout the night.

Following the issuing of the development approval, the Council subsequently considered a request to allow the 24 hour operation of the business for a period of two years and refused this request. 

The applicant also established accommodation on the site, which is not fully compliant with regulations, and a show cause notice was issued by the Council on 26 September 2012.  Officers of the Council have offered to assist in ensuring the accommodation on the site meets fire protection standards.

The development has not altered its operational status since.  The applicant sought approval from the Council to operate 24 hours for a period of 6 months.

The owners of the operation have indicated they are looking to relocate to a more suitable industrial location that would allow 24 hour operation and unfettered access to the site.  Any extension of operating hours may delay the decision to relocate.

 

Resolution No. GM/02.2013/12

Moved Cr Newman                                                 Seconded Cr Denton  

Council refuse any extension of operating hours due to the inability of the industrial operation to mitigate noise emanating from heavy vehicles visiting the site outside of daylight hours.

CARRIED                                                                                                                   8/0

 

Responsible Officer

Coordinator – Planning

presentation

 

The Mayor and Chief Executive Officer spoke of the importance of the Maranoa Medal Program in recognising high performing staff and celebrating successes.

 

Nominations were received for the following staff:-

 

Annette Gallagher, Sarah Kettle, Karlie Durnan, Jodie Young, Nicola Gear, Kevin Jinkins, Kevin Callaghan, Larissa Pears, Toni Omundson and Kerry Dean. 

 

The Mayor paid tribute to  the 2012 Maranoa Medal Award Winner – Nicola Gear.

 

UNCONFIRMED

Subject Heading:   suspension of standing orders

Council adjourned for morning tea at 10.24am.

 

Subject Heading:   resumption of standing orders

Council resumed the meeting at 11.04am.

 

 

Item Number:                               15.2

File Number: D13/4314

Subject Heading:                 Application for Material Change of Use - Accommodation Units not catering for the travelling public (10 units)

Location:                                       35 Ronald Street, Injune Qld 4454 (Lot 314 on Crown PlanI7182)

Applicant:                                     David Matthew Walmsley & Susan Jane Walmsley C/- Fyfe Pty Ltd, PO Box 103, Springwood QLD 4127

Author and Officer’s Title:        Danielle Pearn, Coordinator – Planning

Executive Summary:

This application sought to carry out a Material Change of Use (Accommodation Units not catering for the travelling public – 10 units) on land at 34 Ronald Street, Injune QLD 4454 and described as Lot 314 on Crown Plan I7182.   The proposed development consists of 10 individual accommodation unit buildings, a separate laundry building and outdoor communal recreation area.  

The proposed change is generally consistent with the provisions of the Bungil Shire Council Planning Scheme including the DEOs and Town Zone Code.

 

UNCONFIRMEDResolution No. GM/02.2013/13

Moved Cr Newman                                                 Seconded Cr Wason  

Council approve the application for a Material Change of Use (Accommodation Units not catering for the travelling public – 10 units) at 35 Ronald Street, Injune QLD 4454 and described as Lot 314 on Crown Plan I7182, subject to the following conditions:

 

Preamble

 

1.      Refer to http://www.cmdg.com.au/ for the Capricorn Municipal Development Guidelines (CMDG).

 

Conditions of Approval for Stage 1 for 5 Units and Laundry

 

 

 

 

 

Advice

 

This approval is for Accommodation Units only.  Any use of the dwellings for short-term accommodation would constitute a development offence and would be liable for prosecution under Chapter 7, Section 3 of the Sustainable Planning Act 2009.

 

Complete and Maintain

 

1.      Complete and maintain the approved development as follows: (i) 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 (Accommodation Units not catering for the travelling public – 5 units & laundry) in accordance with the approved plans:

 

Plan/Document number

Plan/Document name

Date

12-0604 SD-00 DA1

Site Plan as amended in red.

June 2012

12-0604 SD-01 DA1

Vehicle Swept Path

June 2012

12-1604 SD-02 DA1

Floor Plan & Elevations

June 2012

12-0604 SD-03 DA1

Typical Section

June 2012

12-0604 SD-07 DA1

Laundry Floor Plan & Elevations

June 2012

12-0604 SD-08 DA1

Laundry Typical Section

June 2012

CMDG-R-041 Rev B

Residential Driveway Slab and Tracks

July 2011

D7

Capricorn Municipal Development Guidelines (CMDG) – Erosion Control and Stormwater Management Design Guideline

03/2012

D11

Capricorn Municipal Development Guidelines (CMDG) - Water Reticulation Design Guideline

10/2007

D12

Capricorn Municipal Development Guidelines (CMDG) - Sewerage Reticulation Design Guideline

10/2007

 

4.      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.

 

Stormwater and Drainage

 

5.      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.

 

6.      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.

 

7.      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.

 

8.      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.

 

9.      The developer shall submit a subsequent development application for Operational Works (stormwater management) to Council for approval for the development.

 

Erosion Control

 

10.    All construction works on site to be undertaken in accordance with the Institute of Engineers (Australia) (IEAUST) Soil Erosion and Sediment Control Engineering Guidelines for Queensland Construction sites and the CMDG Design Guidelines – D7. 

 

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.    Measures shall be applied to prevent site vehicles tracking sediment and other pollutants onto adjoining roads during the course of the construction period and to prevent dust nuisance during construction.

 

13.    Should it be necessary for the road and/or drainage system to be reinstated or cleaned up due to erosion and/or sedimentation from the site, then such works shall be undertaken at no cost to Council. 

 

Services Provisions

 

14.    The development is to be connected to Council’s reticulated sewerage disposal system in accordance with the Water Services Association of Australia (WSAA) publication WSA02-2002 Sewerage Code of Australia (version 2.3) and the CMDG Design Guideline - D12 ‘Sewerage Reticulation’, at no cost to Council.

 

15.    The development is to be connected to Council’s reticulated water supply system in accordance with the Water Services Association of Australia (WSAA) publication WSA03-2002 Water Reticulation Code of Australia (version 2.3) and the CMDG Design Guideline – D11 ‘Water Reticulation’, at no cost to Council.

 

16.    The development must be connected to an electricity reticulation service in accordance with the relevant service provider’s requirements and specifications along with relevant building standards, requirements and specifications (as relevant).

 

17.    If the development is connected to a telecommunications service, then such works shall be undertaken in accordance with the relevant service provider’s requirements and specifications along with relevant building standards requirements and specifications (as relevant).

 

18.    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 Capricorn Municipal Development Guidelines (CMDG) 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.

 

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

 

Rubbish Collection and Refuse bin location.

 

20.    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.

 

21.    Bulk waste and recycling bins are to be provided and screened within an enclosed bin storage areas at the Ronald Street frontage of the site, in accordance with amended Plan No. 12-0604 SD-00 DA1 dated June 2012, Site Plan.

 

Access, Car parking and Manoeuvring

 

22.    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.

 

23.    Vehicle crossover from Ronald Street is to be constructed of concrete in accordance with drawing CMDG-R-041 Rev B - Residential Driveway Slab and Tracks, dated 07/2011.

 

24.    Vehicle crossover must be located a minimum distance of one metre from any street signage, power poles, street lights, manholes, stormwater gully pits or other Council assets.

 

25.    Vehicle manoeuvring areas must be provided on-site in accordance with approved Plan No. 12-0604 SD-01 DA1 dated June 2012 ‘Vehicle Swept Path’ to ensure vehicles can manoeuvre from designated onsite car parking spaces to exit the site in a forward direction.

 

26.    Provide a total of five (5) car parking spaces on the site, in accordance with Plan No. 12-0604 SD-00 DA1 dated June 2012, Site Plan.

 

27.    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.

 

Landscaping and Fencing

 

28.    Landscaped areas are to be provided at the side (northern and southern) and rear (eastern) boundaries of the site, as shown on approved Plan No. 12-0604 SD-00 DA1 dated June 2012, Site Plan.

 

29.    Landscaping must be provided at the Ronald Street frontage of the site, as shown on amended Plan No. 12-0604 SD-00 DA1 dated June 2012, Site Plan.  Landscaping at the Ronald Street frontage must reach a minimum height of 2 metres within 18 months of planting at the commencement of the use and must be maintained at all times while the use is operating at the site.

 

30.    Additional landscaping is to be provided at the end of the central driveway to visually screen the proposed laundry from Ronald Street as shown on amended Plan No. 12-0604 SD-00 DA1 dated June 2012, Site Plan.  Landscaping at the Ronald Street frontage must reach a minimum height of 2 metres within 18 months of planting at the commencement of the use and must be maintained at all times while the use is operating at the site.

 

31.    Construct and maintain a 1.8 metre high acoustic fence along the entire length of the southern side boundary, northern side boundary and eastern rear boundary.

 

Avoiding Nuisance

 

32.    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.

 

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

 

34.    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.

 

35.    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.

 

Advertising Signs

 

36.    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.

 

Infrastructure Contributions

 

37.    You shall pay to Council an infrastructure contribution of $43,000.00 in accordance with the attached Infrastructure Charges Notice, prior to construction commencing.

 

No Cost to Council

 

38.    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.

 

39.    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.

 

40.    All rates and charges of any description and all arrears of such rates and charges, together with interest outstanding thereon, on the land, due to Council, shall be paid to the Council prior to occupation of the units.

 

Use

 

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

 

42.    The developer is to notify Council upon completion of the conditions of approval and prior to occupation of the dwelling units.

 

Latest versions

 

43.    Where another condition refers to a specific published standard, manual or guideline, including specifications, drawings, provisions and criteria within those documents, that condition shall be deemed as referring to the latest versions of those publications that are publicly available at the time the first operational works or compliance approval is lodged with the assessment manager or approval agency for those types of works to be performed or approved, unless a regulation or law requires otherwise.

 

Conditions of Approval for Stage 2 for 5 Units

 

Advice

 

This approval is for Accommodation Units only.  Any use of the dwellings for short-term accommodation would constitute a development offence and would be liable for prosecution under Chapter 7, Section 3 of the Sustainable Planning Act 2009.

 

Complete and Maintain

 

44.    Complete and maintain the approved development as follows: (i) 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.

 

45.    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.

 

46.    Maintain the approved development being Material Change of Use (Accommodation Units not catering for the travelling public – 5 units) in accordance with the approved plans:

 

Plan/Document number

Plan/Document name

Date

12-0604 SD-00 DA1

Site Plan as amended in Red

June 2012

12-0604 SD-01 DA1

Vehicle Swept Path

June 2012

12-1604 SD-02 DA1

Floor Plan & Elevations

June 2012

12-0604 SD-03 DA1

Typical Section

June 2012

D7

Capricorn Municipal Development Guidelines (CMDG) – Erosion Control and Stormwater Management Design Guideline

03/2012

D11

Capricorn Municipal Development Guidelines (CMDG) - Water Reticulation Design Guideline

10/2007

D12

Capricorn Municipal Development Guidelines (CMDG) - Sewerage Reticulation Design Guideline

10/2007

 

47.    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.

 

Stormwater and Drainage

 

48.    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.

 

49.    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.

 

50.    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.

 

51.    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.

 

52.    The developer shall submit a subsequent development application for Operational Works (stormwater management) to Council for approval for the development.

 

Erosion Control

 

53.    All construction works on site to be undertaken in accordance with the Institute of Engineers (Australia) (IEAUST) Soil Erosion and Sediment Control Engineering Guidelines for Queensland Construction sites and the CMDG Design Guidelines – D7. 

 

54.    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.

 

55.    Measures shall be applied to prevent site vehicles tracking sediment and other pollutants onto adjoining roads during the course of the construction period and to prevent dust nuisance during construction.

 

56.    Should it be necessary for the road and/or drainage system to be reinstated or cleaned up due to erosion and/or sedimentation from the site, then such works shall be undertaken at no cost to Council.

 

Services Provisions

 

57.    The development is to be connected to Council’s reticulated sewerage disposal system in accordance with the Water Services Association of Australia (WSAA) publication WSA02-2002 Sewerage Code of Australia (version 2.3) and the CMDG Design Guideline - D12 ‘Sewerage Reticulation’, at no cost to Council.

 

58.    The development is to be connected to Council’s reticulated water supply system in accordance with the Water Services Association of Australia (WSAA) publication WSA03-2002 Water Reticulation Code of Australia (version 2.3) and the CMDG Design Guideline – D11 ‘Water Reticulation’, at no cost to Council.

 

59.    The development must be connected to an electricity reticulation service in accordance with the relevant service provider’s requirements and specifications along with relevant building standards, requirements and specifications (as relevant).

 

60.    If the development is connected to a telecommunications service, then such works shall be undertaken in accordance with the relevant service provider’s requirements and specifications along with relevant building standards requirements and specifications (as relevant).

 

61.    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 Capricorn Municipal Development Guidelines (CMDG) 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.

 

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

 

Rubbish Collection and Refuse bin location.

 

63.    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.

 

64.    Bulk waste and recycling bins are to be screened within an enclosed bin storage area, in accordance with amended Plan No. 12-0604 SD-00 DA1 dated June 2012, Site Plan.

 

Roads, Access, Car parking, Manoeuvring Areas and Landscaping

 

65.    Vehicle manoeuvring areas must be provided on-site in accordance with approved Plan No. 12-0604 SD-01 DA1 dated June 2012, Vehicle Swept Path, to ensure vehicles can manoeuvre from designated onsite car parking spaces to exit the site in a forward direction.

 

66.    Provide a total of five (5) car parking spaces on the site, in accordance with Plan No. 12-0604 SD-00 DA1 dated June 2012, Site Plan.

 

67.    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.

 

Avoiding Nuisance

 

68.    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.

 

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

 

70.    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.

 

71.    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.

 

Advertising Signs

 

72.    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.

 

Infrastructure Contributions

 

73.    You shall pay to Council an infrastructure contribution of $43,000.00 in accordance with the attached Trunk Infrastructure Report prior to construction commencing.

 

 

No Cost to Council

 

74.    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.

 

75.    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.

 

76.    All rates and charges of any description and all arrears of such rates and charges, together with interest outstanding thereon, on the land, due to Council, shall be paid to the Council prior to occupation of the units.

 

Use

 

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

 

78.    The developer is to notify Council upon completion of the conditions of approval and prior to occupation of the dwelling units.


 

Latest versions

 

79.    Where another condition refers to a specific published standard, manual or guideline, including specifications, drawings, provisions and criteria within those documents, that condition shall be deemed as referring to the latest versions of those publications that are publicly available at the time the first operational works or compliance approval is lodged with the assessment manager or approval agency for those types of works to be performed or approved, unless a regulation or law requires otherwise.

 

CARRIED                                                                                                                   8/0

 

Responsible Officer

Coordinator - Planning

 

 

Item Number:                               15.3

File Number: D13/4333

Subject Heading:                 Application for Material Change of Use - Accommodation Units (5 units) (File Ref: 2012/18200)

Location:                                       19 Spencer Street, Roma Qld 4455 (Lot 1 on RP4387)

Applicant:                                     Discovery Building Contractors Pty Ltd C/- Storey & Castle Planning Pty Ltd, 12/1 Nerang Street, Nerang QLD 4211

Author and Officer’s Title:        Danielle Pearn, Coordinator - Planning

`Executive Summary:

This application sought a Development Permit for a Material Change of Use for “Accommodation Units” (5 Units) situated at 19 Spencer Street, Roma QLD 4455, described as Lot 1 on RP4387.

 

The application is subject to Impact Assessment against the relevant provisions of Roma Town Planning Scheme 2006.  One submission was received during the public notification period (12/11/2012 – 03/12/2012).

 

 

 

 

Resolution No. GM/02.2013/14

Moved Cr Newman                                                 Seconded Cr Chambers  

Council approve the application for a Material Change of Use for “Accommodation Units” (5 Units) situated at 19 Spencer Street, Roma QLD 4455, described as Lot 1 on RP4387, subject to the following conditions:

 

Preamble

 

1. Refer to http://www.cmdg.com.au/ for the Capricorn Municipal Development Guidelines (CMDG).

 

Complete and Maintain

 

1.    Complete and maintain the approved development as follows: (i) 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 (Accommodation Units) in accordance with the approved plans:

 

Plan/Document Number

Plan/Document Name

Date

12-001Spe A1-01

Site Plan

23/07/2012

12-001Spe A2-01

Building A Ground Floor Plan

23/07/2012

12-001Spe A2-02

Building A First Floor Plan

23/07/2012

12-001Spe A3-03

Building B Floor Plans

23/07/2012

12-001Spe A3-01

Elevations 1 & 2

23/07/2012

12-001Spe A3-02

Elevations 3 & 4

23/07/2012

12-001Spe A3-03

Elevations 5 & 8

23/07/2012

12-001Spe A2-02

Elevations 6 & 7, Section

23/07/2012

SK01 Rev 01

Vehicle Turn Path Sheet 1 of 2

04/10/2012

SK02 Rev 01

Vehicle Turn Path Sheet 2 of 2

04/10/2012

1205011149 LS-1 of 1 Rev A

Landscape

05/2012

K2307-0003

Stormwater Management Plan

25/09/2012

CMDG-R-041 Rev B

Residential Driveway Slab and Tracks

07/2011

D7

Capricorn Municipal Development Guidelines (CMDG) – Erosion Control and Stormwater Management Design Guideline

03/2012

D11

Capricorn Municipal Development Guidelines (CMDG) - Water Reticulation Design Guideline

10/2007

D12

Capricorn Municipal Development Guidelines (CMDG) - Sewerage Reticulation Design Guideline

10/2007

 

4.    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.

 

Stormwater and Drainage

 

5.    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.

 

6.    Post-development stormwater runoff flows (whose characteristics include volume, concentration and velocities) must be directed to the lawful point of discharge for the development site and there must be no increases in any silt loads or contaminants in any flow from the property being developed during the development process and after the development has 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.    Stormwater runoff is to be collected and discharged in accordance with the Stormwater Management Plan: K2307-0003 dated 25/09/2012.

 

Erosion Control

 

9.    All construction works on site to be undertaken in accordance with the Institute of Engineers (Australia) (IEAUST) Soil Erosion and Sediment Control Engineering Guidelines for Queensland Construction sites and the CMDG Design Guidelines – D7. 

 

10.  Measures shall be applied to prevent site vehicles tracking sediment and other pollutants onto adjoining roads during the course of the construction period and to prevent dust nuisance during construction.

 

11.  Should it be necessary for the road and/or drainage system to be reinstated or cleaned up due to erosion and/or sedimentation from the site, then such works shall be undertaken at no cost to Council. 

 

Services Provisions

 

12.  The development is to be connected to Council’s reticulated sewerage disposal system in accordance with the Water Services Association of Australia (WSAA) publication WSA02-2002 Sewerage Code of Australia (version 2.3) and the CMDG Design Guideline - D12 ‘Sewerage Reticulation’, at no cost to Council.

 

13.  The development is to be connected to Council’s reticulated water supply system in accordance with the Water Services Association of Australia (WSAA) publication WSA03-2002 Water Reticulation Code of Australia (version 2.3) and the CMDG Design Guideline – D11 ‘Water Reticulation’, at no cost to Council.

 

14.  The development must be connected to an electricity reticulation service in accordance with the relevant service provider’s requirements and specifications along with relevant building standards, requirements and specifications (as relevant).

 

15.  The development is to be connected to reticulated gas supply at no cost to Council.

 

16.  If the development is connected to a telecommunications service, then such works shall be undertaken in accordance with the relevant service provider’s requirements and specifications along with relevant building standards requirements and specifications (as relevant).

 

17.  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 Capricorn Municipal Development Guidelines (CMDG) 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.

 

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

 

Rubbish Collection

 

19.  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.

 

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

 

Access, Car parking and Manoeuvring

 

21.  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.

 

22.  Vehicle crossover from Spencer Street is to be constructed of concrete in accordance with drawing CMDG-R-041 Rev B - Residential Driveway Slab and Tracks, dated 07/2011.

 

23.  Vehicle crossover must be located a minimum distance of one metre from any street signage, power poles, street lights, manholes, stormwater gully pits or other Council assets.

 

24.  The vehicle crossover shall have standard vertical clearances for water supply mains and sewerage pipes passing in front of the development site.

 

25.  The clear minimum sight distance shall be provided for vehicles exiting the development site into Spencer Street.

 

26.  Vehicle manoeuvring areas must be provided on-site to allow vehicles to exit designated car parking spaces and exit the site in a forward direction.

 

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

 

28.  All car parking 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. 

 

29.  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.

 

30.  All vehicles access and related elements shall comply with (i) the development approval conditions (ii) Schedule 2 - ‘Standards for Road, Car parking, Access and Manoeuvring Areas (iii) Relevant Australian Standards (iv) the CMDG Guidelines (v) any alternative specifications that Council has agreed to in writing and which development must ensure do not conflict with any requirements imposed by any applicable laws and standards

 

Environmental

 

31.  All construction works on site are to be undertaken in accordance with the Soil Erosion and Sediment Control Engineering Guidelines for Queensland Construction sites (IE Aust, Queensland Division, Brisbane – or later versions).

 

32.  The developer shall immediately clean up and satisfactorily remove any deposited construction material or silt runoff from the development site.

 

Landscaping and Fencing

 

33.  Site landscaping is to be provided in accordance with the approved landscaping plan ‘Landscape’ 1205011149 Sheet no. LS 1 of 1 Revision A dated 05/2012.

 

34.  Ground covers should fully cover vegetated areas within 1 year of planting.

 

35.  Site landscaping must be planted prior to occupation of the accommodation units.

 

36.  Site landscaping must not interfere with electrical infrastructure nor restrict maintenance access to any onsite infrastructure, public utility or easement.

 

37.  Screen fencing to a height of 1.8 metres is to be established along the side and rear boundaries of the site.

 

Avoiding Nuisance

 

38.  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.

 

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

 

40.  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.

 

41.  Whilst the approved works are in progress, no nuisance is to be caused to adjoining properties and occupiers by the way of noise, smoke, dust, rubbish, contaminant, stormwater discharge or siltation at any time, including non-working hours.

 

42.  Whilst the approved works are in progress, waste containers must remain on site and be maintained in a clean and tidy state and shall be emptied and the waste removed from the site on a regular basis.

 

43.  Unless otherwise approved in writing by the Council, approved hours of construction are restricted to Monday – Saturday 6.00 am to 6.00 pm – noise permitted.  Work or business which causes audible noise must not be conducted from or on the subject land outside the above times or on Sundays or Public Holidays.

 

44.  Any damage to roads and infrastructure, that is attributable to the progress of works on the development site or to vehicles associated with the development of the site, shall be repaired to at least the previous condition and at no cost to Council or, if the Council agrees, the cost of repairs may paid to Council for the Council to carry out the repairs.

 

Advertising Signs

 

45.  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.

 

Use

 

46.  The pergolas attached to the accommodation units must not be enclosed with walls or doors of any kind at any time and must remain open-sided for the duration of the approved use, and must be constructed of non-combustible material.

 

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

 

48.  The developer is to notify Council upon completion of the conditions of approval and prior to occupation of the dwelling units.

 

Infrastructure Contributions

 

49.  An infrastructure contribution, in accordance with Council’s adopted Priority infrastructure Plan, of $84,000.00 is payable to the Council. The stated charge is to be paid prior to commencement of construction.

 

No Cost to Council

 

50.  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.

 

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

 

52.  All rates and charges of any description and all arrears of such rates and charges, together with interest outstanding thereon, on the land, due to Council, shall be paid to the Council prior to occupation of the units.

 

Latest versions

 

53.  Where another condition refers to a specific published standard, manual or guideline, including specifications, drawings, provisions and criteria within those documents, that condition shall be deemed as referring to the latest versions of those publications that are publicly available at the time the first operational works or compliance approval is lodged with the assessment manager or approval agency for those types of works to be performed or approved, unless a regulation or law requires otherwise.

 

CARRIED                                                                                                                   8/0

 

Responsible Officer

Coordinator - Planning

 

 

Item Number:                               15.4

File Number: D13/4385

Subject Heading:                 Application for Material Change of Use -     Medium Impact Industry (Sewage Treatment             Plant) and Environmentally Relevant Activity                63 - Sewage Treatment (File Ref: 2012/18039)

Location:                                       1750 Orallo Road, Euthulla QLD 4455 (Lot 49 on WV941)

Applicant:                                     Garland Trading Company Pty Ltd

Author and Officer’s Title:        Danielle Pearn, Coordinator - Planning

Executive Summary: 

This application seeks a Development Permit for a Material Change of Use Medium Impact Industry (Sewage Treatment Plant) and Environmentally Relevant Activity 63 - Sewage Treatment on land at 1750 Orallo Road, Euthulla QLD 4455 and described as Lot 46 on WV 941.

UNCONFIRMED

The proposed development is experimental in its aim of using sewerage water as an input to sustainable agriculture. The treated water will be used to drought-proof part of an agricultural property and expand its productivity. The acceptance and treatment of the sewerage water also adds an income stream to a rural property. If successful, the experience gained will be applied to other locations.

 

Lot 46 is 20.9 hectares. Road frontage of Lot 46 is 445 metres. Lot 46 is part of a larger group of properties owned and occupied by members of the Garland family.

 

The proposed development is consistent with the provisions of the Bungil Shire Planning Scheme 2006 in that it proposes an industrial use in a rural area where that industrial use is related to rural production and is generally consistent with the performance criteria for industrial uses in the Rural Zone Code.

 

The site is identified as Good Quality Agricultural Land (GQAL) and used for grazing and agriculture but the very small loss of the GQAL land in the Rural Zone to industry is outweighed by the improvements to the overall sustainability and viability of the property as a whole.

UNCONFIRMED

Discussion:

A “Mover” and “Seconder” was recorded for the motion, however no vote was taken on the item at that time.

 

Moved Cr Flynn                                                       Seconded Cr Denton  

Council approve the application for Material Change of Use Medium Impact Industry (Sewage Treatment Plant) and Environmentally Relevant Activity ERA 63 - Sewage Treatment on land at 1750 Orallo Road, Euthulla QLD 4455 and described as Lot 46 on WV941, with the removal of Condition Number 27,  and subject to the following conditions:-

 

Complete and maintain the development

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.

Easements, building envelopes and covenants

2.         The developer will be required to create an easement for access purposes over Lot 40 on WV837 in favour of Lot 46 on WV941 within two years of the commencement of the use.

3.         Until the easement is created and before the use commences, the developer must provide documentation of an agreement that allows vehicles associated with the use to traverse Lot 40 on WV837.

Stormwater and Drainage

4.         The stormwater drainage system to service the development shall be in accordance with Queensland Urban Drainage Manual (Volume 1 text, Volume 2 Design Charts), Australian Rainfall and Runoff (Volume 1 A guide to Flood Estimation), and Capricorn Municipal Development Guidelines (CMDG) Design Guidelines D-5 ‘Stormwater Drainage Design’.

5.         Post-development stormwater runoff flows, whose characteristics include volume, concentration and velocities, from the development site are not to exceed pre-development stormwater runoff flows to adjoining properties.

6.         Any increase in volume, concentration or velocity of stormwater from the property being developed shall be channelled to legal points of discharge or to other storage, dispersal or disposal arrangements which shall be agreed in writing by the Council.

7.         Stormwater shall not be allowed to pond on the property being developed during the development process and after the 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.

8.         The developer shall ensure that in all cases, discharge of stormwater runoff from the development drains freely to the legal points of discharge for the development and that no nuisance of ponding is created within the vicinity of the development.

9.         There shall 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 has been completed.

Use of roads

10.      The maximum quantity of waste water that can be transported to the site is 50,000 litres per day averaged out over a 7 day period.

11.      Road trains are not permitted on Orallo Road for the transport of waste water to the site for treatment.

Roadworks

12.      The access from the property onto Orallo Road must be suitable for heavy vehicles to remain on the constructed roadway when entering and leaving the site with sight lines appropriate for the speed limit for that section of roadway in accordance with Capricorn Municipal Development Guidelines (CMDG) D1 ‘Geometric Road Design’ Guidelines for Rural Design Criteria, and all roadworks shall be carried out in accordance with Manual of Uniform Traffic Control Devices (Queensland) (MUTCDQ) Part 3 requirements for roadworks on roads.

13.      The pavement design for all roadworks shall be confirmed after in-situ subgrade testing has been carried out prior to construction of the pavement formation. The pavement design report along with the test results shall be provided to Council for approval prior to placement of pavement materials.

14.      Roadside guide posts shall be installed to Manual of Uniform Traffic Control Devices (Queensland) (MUTCDQ) requirements and specifications with additional guide posts provided at vehicle cross-overs and underground drainage works.

Access

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

16.      All vehicular access and related items must comply with (i) the development approval conditions, (ii) any relevant provisions in the planning scheme for the area including Schedule 2: “Standards for Roads, Car Parking, Access and Manoeuvring Areas”, (iii) Council’s standard designs for such work where such designs exist, (iv) the Capricorn Municipal Development Guidelines (CMDG) Design Guidelines – D1 ’Geometric Road Design’ 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.

Services Provisions

17.      The sewage treatment plant must have its own power supply even when connected to the local electricity supply.

18.      All services installation, including sewer, water, 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) any relevant Australian Standard that applies to that type of work and (v) relevant Capricorn Municipal Development Guidelines (CMDG) Design Guidelines 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.

Earthworks

19.      The development is subjected to the Filling and Excavation Code detailed in the Bungil Shire Council Planning Scheme Part 5 with the modified requirement that retaining walls shall be used where batter grades exceed 25%.

20.      All earthworks for the development shall be undertaken in accordance with Capricorn Municipal Development Guidelines (CMDG). Earthworks within drainage pathways shall be accompanied by a Site Specific Stormwater Drainage Report detailing impacts of such earthworks on surrounding properties.

Erosion Control

21.      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.

22.      Any construction works on site are to be undertaken in accordance with the Soil Erosion and Sediment Control Engineering Guidelines for Queensland Construction Sites (IE Aust – or later versions).

Latest versions

23.      Where another condition refers to a specific published standard, manual or guideline, including specifications, drawings, provisions and criteria within those documents, that condition shall be deemed as referring to the latest versions of those publications that are publicly available at the time the first operational works or compliance approval is lodged with the assessment manager or approval agency for those types of works to be performed or approved, unless a regulation or law requires otherwise.

RPEQ supervision

24.      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.

Damage to roads and infrastructure

25.      Any damage to roads and infrastructure, that is attributable to the progress of works on the development site or to vehicles associated with the development of the site, shall be repaired to at least the previous condition and at no cost to Council or, if the Council agrees, the cost of repairs may paid to Council for the Council to carry out the repairs.

26.      It is the developer’s responsibility to document by photographs the previous condition of existing roads and infrastructure and to supply Council with a digital set of these photographs prior to any works commencing.

Infrastructure contributions

27.      The developer is to pay infrastructure charges at the rate of $25 per square metre for a medium impact industrial use and $5 per square metre for impervious areas. The rate is based on the Council resolution for Infrastructure Charges for the Bungil Planning Scheme under the State planning regulatory provision (adopted charges), 2012. The industrial use area has been calculated on 500 square metres. The impervious area is yet to be determined.

28.      The developer must pay $20,000 towards the cost of upgrading the local roads between the site and the nearest state-controlled road.

29.      The developer must pay $0.01 per litre of waste water carried on the local roads between the site and the nearest state-controlled road. This contribution is for the upgrading and maintenance of the roads and applies for 5 years from the commencement of the use. After 5 years, the Council may consider an increase in rates applicable to the use of the property and its impact on the road system. The contribution is to be paid quarterly in accordance with an agreement to be entered between the Council and the developer.

30.      The developer is to install a suitable traffic counter for 5 years that will allow for measurement of the types of vehicles entering and leaving the property. The developer is to maintain the traffic counter and provide data from the traffic counter when requested by Council officers. The developer agrees that Council officers may access the property or easement during daylight hours to inspect the traffic counter to independently take readings and to check its operating condition.

31.      The developer is to maintain a log of all heavy vehicles accessing the property in conjunction with the traffic counter readings to enable verification of the transport of waste water to the property.

Completion of works before use

32.      All development approval conditions related to the approved development must be fulfilled prior to uses commencing.

No cost to Council

33.      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.

34.      Costs associated with the approved development to be met by the developer include all costs of survey, easement preparation, agreement preparation, covenant preparation, document lodgement, plan approval and land transfers.

Plan Approval

35.      All rates and charges of any description and all arrears of such rates and charges, together with interest outstanding thereon, on the land, due to Council, shall be paid prior to the Council approving any Plan of Survey and prior to the use commencing.

36.      All development approval conditions related to the establishment of the approved development must be fulfilled prior to any Plans of Survey being approved by the Council as assessment manager and prior to the use commencing.

Operational works

37.      To remove any doubt, this development requires operational works to be approved and completed.

 

NO VOTE TAKEN                                                                                                         

 

Item Number:                               10.1

File Number: D13/3766

Subject Heading:                 Consideration of Elected Member attendance At Upcoming Conferences

Location:                                       Mercure Hotel, Brisbane & Aberfoyle Park, Adelaide

Author and Officer’s Title:        Kelly Rogers, Coordinator - Executive Services

Executive Summary: 

Council had received notification of upcoming events for which Elected Members may like to consider attendance as part of enhancing policy and strategy development for Maranoa Regional Council.

 

Resolution No. GM/02.2013/15

Moved Cr Newman                                                 Seconded Cr Chambers  

That Council endorse the attendance of nominated elected members as follows:-

 

1.   The Mayor in attending the upcoming Community Cabinet Meeting if approved on 20 February 2013 in South Australia;

 

2.  One Elected Member (The Mayor with first refusal, followed by the Deputy Mayor or delegated Councillor, with Cr Price expressing an interest), and one member of staff at the Australian & New Zealand Disaster & Emergency Management Conference on 29 – 31 May 2013 in Brisbane;

 

 

 

3.   The Mayor & Cr. O’Neil in travelling to Canberra on 19 & 20 February 2013, to meet with a number of Federal Ministers seeking financial support for Flood Mitigation in Roma, Mitchell and Amby.

 

CARRIED                                                                                                                   8/0

 

Responsible Officer

Coordinator - Executive Services

UNCONFIRMED

Cr. Price left the Chamber at 11.21am to attend a funeral and did not return.

 

Item Number:                               15.5

File Number: D13/4419

Subject Heading:                 Request for Council's Views –  Proposed Removal of Bassett's Romavilla Winery from Queensland Heritage Register

Location:                                       77 Northern Road, Roma QLD 4455 – Lot 30 on SP240420

Applicant:                                     Name of Applicant Withheld

Author and Officer’s Title:        Danielle Pearn, Coordinator – Planning

Executive Summary:

An application was received on 19 November 2012 for the removal of Bassett’s Romavilla Winery from the Queensland Heritage Register. The name of the applicant was withheld at the applicant’s request.

 

Romavilla Winery is a heritage asset for Roma. Although it no longer operates as a winery, the main building is capable of reuse while retaining its heritage value. There is scope to develop visitor accommodation and related facilities in the grounds surrounding the main building while retaining its heritage value.

 

It was put to Council for consideration that where a site is listed on the Queensland Heritage Register and is capable of reuse, then Council should support the continued retention of the listing. However, the determination of whether or not the site is physically capable of being retained and reused should be left to the experts of the Queensland Heritage Council.

 

 

Resolution No. GM/02.2013/16

Moved Cr Denton                                                    Seconded Cr Flynn  

That Council has no objection to the removal of Bassett’s Romavilla Winery from the Queensland Heritage Register.

 

CARRIED                                                                                                                   7/0

 

Responsible Officer

Coordinator – Planning

  

UNCONFIRMED

Item Number:                               10.3

File Number: D13/4809

Subject Heading:                 ULDA extension of Acacia St

Author and Officer’s Title:        Edward Sims, Manager - Major Projects, Economic Development & Tourism

Executive Summary: 

The ULDA are preparing to transfer title of land in Cottell St Roma to Horizon Housing Company who in conjunction with SANTOS is constructing affordable accommodation to house key workers (apprentices) in our region.

 

The lots for development immediately adjoin the lot owned by the Endeavour Foundation, and a new road is to be constructed adjacent to its northern border.   It is proposed to push this new road into stage 8a of the UDA to link the network of access lanes in Stage 8b to Cottell St.  

 

Prior to the Department of Natural Resources and Mines (DNRM) being able to finalise registration of the title to HHC, they have requested Council’s support of the road dedication as was needed with Stage 1.

 

Council determined that the matter should lay on the table for further consideration pending clarification of the location of the community garden (to determine that there would be no impacts on that activity).

 

Discussion:

Follow receipt of confirmation of the location of the community garden, Council resumed discussion on the item.

 

Resolution No. GM/02.2013/17

Moved Cr Denton                                                    Seconded Cr O'Neil  

 

That Council endorses ULDA plans to extend Acacia Road according to their plans.

 

CARRIED                                                                                                                   7/0

 

Responsible Officer

Manager - Major Projects, Economic Development & Tourism

 

Late Items

 

Item Number:                               L.1

File Number: D13/5866

Subject Heading:                 Roma Hospital request to seek Maranoa Regional Council support for an application 19(2) exemption.

Location:                                       Roma

Applicant:                                     Roma Hospital

Author and Officer’s Title:        Melissa Wathen, Manager- Social Development

Executive Summary: 

Roma Hospital sought support from Maranoa Regional Council as a relevant stakeholder in an application for 19(2) exemption. The 19(2) exemption is a Commonwealth supported initiative which results in additional funding for primary health care services in rural and remote areas.

 

Resolution No. GM/02.2013/18

Moved Cr Denton                                                    Seconded Cr Chambers  

That Council approve for the Chief Executive Officer to sign off on the support request for the application for 19(2) exemption.

 

CARRIED                                                                                                                   7/0

 

Responsible Officer

Manager- Social Development

 

UNCONFIRMEDCONFIDENTIAL ITEMS

 

In accord with the provisions of section 275 of the Local Government Regulation 2012, 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:-

          (a)     the appointment, dismissal or discipline of employees

          (d)     rating concessions;

          (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;

          (e)     contracts proposed to be made by it;

 

 

Resolution No. GM/02.2013/19

Moved Cr O'Neil                                                       Seconded Cr Chambers

 

That Council close the meeting to the public at 11.50am;and

 

Include in confidential discussion - Late item “Proposed Amendments to the Organisational Structure and Position Appointments – Report Update for Results of Consultation Process with Teams,” under Section 275(a) of the 2012 Local Government Operations Regulation.

 

CARRIED                                                                                                                   7/0

 

 

Cr. Newman left the Chambers at 12.45pm.

Cr. Newman entered the Chambers at 12.50pm.

 

Cr. Wason left the Chambers at 12.57pm.

 

 

Subject Heading:   suspension of standing orders

Council adjourned for lunch at 12.57pm.

 

Subject Heading:   resumption of standing orders

Council resumed the meeting at 1.30pm.

 at that time the deputy mayor did not return.

 

The Mayor left the Chambers at 1.35pm.

The Mayor entered the Chambers at 1.36pm.

 

The Deputy Mayor entered the Chamber at 1.36pm.

 

Resolution No. GM/02.2013/20

Moved Cr Chambers                                              Seconded Cr O'Neil

 

That Council open the meeting to the public at 1.41pm.

 

CARRIED                                                                                                                   7/0

 

 

UNCONFIRMED

Item Number:                               10.4

File Number: D13/4771

Subject Heading:                 Proposed Research Tour to the USA and Canada

Author and Officer’s Title:        Edward Sims, Manager - Major Projects, Economic    Development & Tourism

Executive Summary: 

Sponsored by SANTOS and ORIGIN and in conjunction with an interested consultative group, Toowoomba and Surat Basin Enterprise (TSBE) has arranged a study tour of the energy provinces of USA and Canada during April 2013.  

 

The premise for the tour is that USA and Canada have had the impact of the energy industry on their communities for many decades – as such, we have an opportunity to learn and explore mistakes and successes that have occurred in other regions.  This is an opportunity to obtain first hand quality information from sources allied to Australian local government.

 

The trip has been assembled through a working group of Industry and Government with assistance from a consultant with Canadian Industry experience.  TSBE are keen to obtain Council’s response both positive and negative, by Wednesday 13 February 2013.  After receiving your feedback they aim to take the proposed tour to a wider market.

 

This report sought Council’s Expression of Interest for participation in the proposed tour which was explained in the attachment to the agenda report. 

 

This matter was left on the table pending return of the Mayor to enable his consideration of the matter.  

 

Discussion:

Council resumed discussion on the item as the Mayor was present to give further consideration.

 

Resolution No. GM/02.2013/21

Moved Cr Newman                                                 Seconded Cr Flynn  

 

That Council:-

 

  1. Nominate Deputy Mayor, Cr. Scott Wason & Cr. Cameron O’Neil to attend the  conference as Council’s delegates;

 

  1. Advise TSBE of its intention to participate in the tour, option 2;

 

3.   Provide TSBE its comments about the proposed itinerary.

 

CARRIED                                                                                                                   7/0

 

Responsible Officer

Manager - Major Projects, Economic Development & Tourism

 

The Mayor left the Chamber at 1.42pm and did not return for the remainder of the meeting. 

 

Deputy Mayor Cr. Scott Wason assumed the Chair.

 

UNCONFIRMED

Item Number:                               15.4

File Number: D13/4385

Subject Heading:                 Application for Material Change of Use - Medium Impact Industry (Sewage Treatment Plant) and Environmentally Relevant Activity 63 - Sewage Treatment (File Ref: 2012/18039)

Location:                                       1750 Orallo Road, Euthulla QLD 4455 (Lot 49 on WV941)

Applicant:                                     Garland Trading Company Pty Ltd

Author and Officer’s Title:        Danielle Pearn, Coordinator – Planning

Executive Summary: 

This application seeks a Development Permit for a Material Change of Use Medium Impact Industry (Sewage Treatment Plant) and Environmentally Relevant Activity 63 - Sewage Treatment on land at 1750 Orallo Road, Euthulla QLD 4455 and described as Lot 46 on WV 941.

 

The proposed development is experimental in its aim of using sewerage water as an input to sustainable agriculture. The treated water will be used to drought-proof part of an agricultural property and expand its productivity. The acceptance and treatment of the sewerage water also adds an income stream to a rural property. If successful, the experience gained will be applied to other locations.

 

Lot 46 is 20.9 hectares. Road frontage of Lot 46 is 445 metres. Lot 46 is part of a larger group of properties owned and occupied by members of the Garland family.

 

The proposed development is consistent with the provisions of the Bungil Shire Planning Scheme 2006 in that it proposes an industrial use in a rural area where that industrial use is related to rural production and is generally consistent with the performance criteria for industrial uses in the Rural Zone Code.

 

The site is identified as Good Quality Agricultural Land (GQAL) and used for grazing and agriculture but the very small loss of the GQAL land in the Rural Zone to industry is outweighed by the improvements to the overall sustainability and viability of the property as a whole.

 

Discussion:

A “Mover” and “Seconder” for the motion was recorded earlier during the meeting.  Council again resumed discussion.

 

Resolution No. GM/02.2013/22

Moved Cr Flynn                                                       Seconded Cr Denton  

Council approve the application for Material Change of Use Medium Impact Industry (Sewage Treatment Plant) and Environmentally Relevant Activity ERA 63 - Sewage Treatment on land at 1750 Orallo Road, Euthulla QLD 4455 and described as Lot 46 on WV941, with the removal of condition number 27,  and subject to the following conditions:-

 

Complete and maintain the development

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.

Easements, building envelopes and covenants

2.         The developer will be required to create an easement for access purposes over Lot 40 on WV837 in favour of Lot 46 on WV941 within two years of the commencement of the use.

3.         Until the easement is created and before the use commences, the developer must provide documentation of an agreement that allows vehicles associated with the use to traverse Lot 40 on WV837.

Stormwater and Drainage

4.         The stormwater drainage system to service the development shall be in accordance with Queensland Urban Drainage Manual (Volume 1 text, Volume 2 Design Charts), Australian Rainfall and Runoff (Volume 1 A guide to Flood Estimation), and Capricorn Municipal Development Guidelines (CMDG) Design Guidelines D-5 ‘Stormwater Drainage Design’.

5.         Post-development stormwater runoff flows, whose characteristics include volume, concentration and velocities, from the development site are not to exceed pre-development stormwater runoff flows to adjoining properties.

6.         Any increase in volume, concentration or velocity of stormwater from the property being developed shall be channelled to legal points of discharge or to other storage, dispersal or disposal arrangements which shall be agreed in writing by the Council.

7.         Stormwater shall not be allowed to pond on the property being developed during the development process and after the 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.

8.         The developer shall ensure that in all cases, discharge of stormwater runoff from the development drains freely to the legal points of discharge for the development and that no nuisance of ponding is created within the vicinity of the development.

9.         There shall 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 has been completed.

Use of roads

10.      The maximum quantity of waste water that can be transported to the site is 50,000 litres per day averaged out over a 7 day period.

11.      Road trains are not permitted on Orallo Road for the transport of waste water to the site for treatment.

Roadworks

12.      The access from the property onto Orallo Road must be suitable for heavy vehicles to remain on the constructed roadway when entering and leaving the site with sight lines appropriate for the speed limit for that section of roadway in accordance with Capricorn Municipal Development Guidelines (CMDG) D1 ‘Geometric Road Design’ Guidelines for Rural Design Criteria, and all roadworks shall be carried out in accordance with Manual of Uniform Traffic Control Devices (Queensland) (MUTCDQ) Part 3 requirements for roadworks on roads.

13.      The pavement design for all roadworks shall be confirmed after in-situ subgrade testing has been carried out prior to construction of the pavement formation. The pavement design report along with the test results shall be provided to Council for approval prior to placement of pavement materials.

14.      Roadside guide posts shall be installed to Manual of Uniform Traffic Control Devices (Queensland) (MUTCDQ) requirements and specifications with additional guide posts provided at vehicle cross-overs and underground drainage works.

Access

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

16.      All vehicular access and related items must comply with (i) the development approval conditions, (ii) any relevant provisions in the planning scheme for the area including Schedule 2: “Standards for Roads, Car Parking, Access and Manoeuvring Areas”, (iii) Council’s standard designs for such work where such designs exist, (iv) the Capricorn Municipal Development Guidelines (CMDG) Design Guidelines – D1 ’Geometric Road Design’ 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.

Services Provisions

17.      The sewage treatment plant must have its own power supply even when connected to the local electricity supply.

18.      All services installation, including sewer, water, 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) any relevant Australian Standard that applies to that type of work and (v) relevant Capricorn Municipal Development Guidelines (CMDG) Design Guidelines 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.

Earthworks

19.      The development is subjected to the Filling and Excavation Code detailed in the Bungil Shire Council Planning Scheme Part 5 with the modified requirement that retaining walls shall be used where batter grades exceed 25%.

20.      All earthworks for the development shall be undertaken in accordance with Capricorn Municipal Development Guidelines (CMDG). Earthworks within drainage pathways shall be accompanied by a Site Specific Stormwater Drainage Report detailing impacts of such earthworks on surrounding properties.

Erosion Control

21.      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.

22.      Any construction works on site are to be undertaken in accordance with the Soil Erosion and Sediment Control Engineering Guidelines for Queensland Construction Sites (IE Aust – or later versions).

Latest versions

23.      Where another condition refers to a specific published standard, manual or guideline, including specifications, drawings, provisions and criteria within those documents, that condition shall be deemed as referring to the latest versions of those publications that are publicly available at the time the first operational works or compliance approval is lodged with the assessment manager or approval agency for those types of works to be performed or approved, unless a regulation or law requires otherwise.

RPEQ supervision

24.      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.

Damage to roads and infrastructure

25.      Any damage to roads and infrastructure, that is attributable to the progress of works on the development site or to vehicles associated with the development of the site, shall be repaired to at least the previous condition and at no cost to Council or, if the Council agrees, the cost of repairs may paid to Council for the Council to carry out the repairs.

26.      It is the developer’s responsibility to document by photographs the previous condition of existing roads and infrastructure and to supply Council with a digital set of these photographs prior to any works commencing.

Infrastructure contributions

27.      The developer is to pay infrastructure charges at the rate of $25 per square metre for a medium impact industrial use and $5 per square metre for impervious areas. The rate is based on the Council resolution for Infrastructure Charges for the Bungil Planning Scheme under the State planning regulatory provision (adopted charges), 2012. The industrial use area has been calculated on 500 square metres. The impervious area is yet to be determined.

28.      The developer must pay $20,000 towards the cost of upgrading the local roads between the site and the nearest state-controlled road.

29.      The developer must pay $0.01 per litre of waste water carried on the local roads between the site and the nearest state-controlled road. This contribution is for the upgrading and maintenance of the roads and applies for 5 years from the commencement of the use. After 5 years, the Council may consider an increase in rates applicable to the use of the property and its impact on the road system. The contribution is to be paid quarterly in accordance with an agreement to be entered between the Council and the developer.

30.      The developer is to install a suitable traffic counter for 5 years that will allow for measurement of the types of vehicles entering and leaving the property. The developer is to maintain the traffic counter and provide data from the traffic counter when requested by Council officers. The developer agrees that Council officers may access the property or easement during daylight hours to inspect the traffic counter to independently take readings and to check its operating condition.

31.      The developer is to maintain a log of all heavy vehicles accessing the property in conjunction with the traffic counter readings to enable verification of the transport of waste water to the property.

Completion of works before use

32.      All development approval conditions related to the approved development must be fulfilled prior to uses commencing.

No cost to Council

33.      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.

34.      Costs associated with the approved development to be met by the developer include all costs of survey, easement preparation, agreement preparation, covenant preparation, document lodgement, plan approval and land transfers.

Plan Approval

35.      All rates and charges of any description and all arrears of such rates and charges, together with interest outstanding thereon, on the land, due to Council, shall be paid prior to the Council approving any Plan of Survey and prior to the use commencing.

36.      All development approval conditions related to the establishment of the approved development must be fulfilled prior to any Plans of Survey being approved by the Council as assessment manager and prior to the use commencing.

Operational works

37.      To remove any doubt, this development requires operational works to be approved and completed.

 

CARRIED                                                                                                                   6/0

 

Responsible Officer

Coordinator - Planning

 


 

Item Number:                               C.1

File Number: D13/3643

Subject Heading:                 Request for water consumption concession

Location:                                       Roma

Author and Officer’s Title:        Dana Harrison, Coordinator - Rates

Executive Summary: 

Correspondence has been received from the applicant in relation to rating assessment number – 14008171, requesting a concession on the water consumption charge.

 

Resolution No. GM/02.2013/23

Moved Cr Newman                                                 Seconded Cr Denton  

That Council grant a concession for the amount of $124.80 being the cost of 192kL of water lost during the 48 hour period.

 

CARRIED                                                                                                                   6/0

 

Responsible Officer

Coordinator - Rates

 

UNCONFIRMED

Item Number:                               C.2

File Number: D13/3956

Subject Heading:                 Young Endeavour Youth Scheme Scholarship

Location:                                       Roma

Applicant:                                     Julia Marr

Author and Officer’s Title:        Julia Marr, Coordinator - Community Development Roma

Executive Summary: 

Maranoa Regional Council offers a Young Endeavour Youth Scheme Scholarship to one young member of the Maranoa Region. Applications for the scholarship have been open for several months and closed on 28 January 2013. Promotion of  the scholarship occurs in a range of media outlets including local papers and radio, online and in school newsletters etc. This year Council received four eligible applicants to go to the selection committee.

 

The selection committee met on 30 January 2013 to review the applications and come to a decision as to which applicant was most suitable to receive the scholarship.

 

Resolution No. GM/02.2013/24

Moved Cr Chambers                                              Seconded Cr Flynn  

That Council endorse the committee’s nomination of Thomas Mitchell as the successful applicant for the 2013 Young Endeavour Scholarship.

 

 

CARRIED                                                                                                                   6/0

 

Responsible Officer

Coordinator - Community Development Roma

 

 

Item Number:                               C.3

File Number: D13/4701

Subject Heading:                 Response to Draft Terms of Reference Santos GLNG-Gas Fields Development Project

Author and Officer’s Title:        Edward Sims, Manager - Major Projects, Economic Development & Tourism

Executive Summary:

Santos GLNG has initiated the Gas Fields Development Project (SGLNG-GFDP) which has received major project status with the Queensland Government.  Accordingly an Environmental Impact Statement (EIS) will be prepared and promulgated for public comment soon.  The Coordinator-General for Queensland has designed a draft terms of reference (ToR) for the upcoming EIS and has asked for public comment about its scope.  

 

With respect to a separate, but related issue, Council’s resources have been challenged generally by the scope and pace of the advancement of Liquefied Natural Gas projects.  In an effort to summarise their impacts on our community, Council has commissioned AEC Group to develop a report which is due on 26 April 2013.     

 

The preparation of a response to the draft ToR was seen to be a complementary research project to the CSG Impacts study and one which needed to be closely aligned to give traction to future discussions with the Coordinator-General about such matters.  Accordingly AEC Group was asked to prepare our response which was attached to the agenda report. 

 

Although this document is of particular interest and importance to Council, it is equally important for Council to be aware that this is a draft for the terms of reference for the EIS.   The full EIS will be released for public comment soon, and Council will get another chance to comment about these matters with more notice and more time to respond.

 

Given the short time frames involved with this matter it was impossible to engage Council fully.  This report to Council is in the form of an information brief to advise Council of officers actions to date. 

 

Resolution No. GM/02.2013/25

Moved Cr O'Neil                                                       Seconded Cr Chambers  

 

That Council endorse the response to the draft Terms of Reference for the Santos GLNG-Gas Fields Development Project.  

 

CARRIED                                                                                                                   6/0

 

Responsible Officer

Manager - Major Projects, Economic Development & Tourism

 

 

Item Number:                               C.4

File Number: D13/4741

Subject Heading:                 Request for discount to be granted after           late payment of rates

Location:                                       Multiple

Author and Officer’s Title:        Dana Harrison, Coordinator - Rates

Executive Summary: 

Correspondence has been received from the applicant requesting the discount be granted after payment was received by Council after the close of discount on rate assessment numbers - 14508048, 12003851, 12002283, 12001970.

 

Resolution No. GM/02.2013/26

Moved Cr Denton                                                    Seconded Cr Newman  

That Council not grant the discount on this occasion as it states in the Rates Information pamphlet that cheques must be received by Council on or before the due date – noting that  

all Council records indicate that the cheque was received in the mail on 12 December 2012 and receipted the same day.

 

CARRIED                                                                                                                   6/0

 

Responsible Officer

Coordinator - Rates

 

UNCONFIRMED

Item Number:                               C.5

File Number: D13/4995

Subject Heading:                 Sponsorship Request from Injune Hospital Auxiliary

Author and Officer’s Title:        Susan Sands, Coordinator - Grants

Executive Summary: 

A letter seeking financial sponsorship was received from the Injune Hospital Auxiliary in November.  The request was assessed in line with Council policy.

 

Resolution No. GM/02.2013/27

Moved Cr O'Neil                                                       Seconded Cr Flynn  

 

That:-

 

  1. Council note  that the received request is not consistent with the current Community Grants & Assistance Policy Guidelines; and

 

  1. The Community Grants & Assistance Policy be reviewed at an upcoming Workshop of Council to ensure that it aligns with the views of the current elected Councillors, with any proposed amendments tabled for consideration at a future Council meeting.

 

CARRIED (Cr. Denton voted against the motion)                                                 5/1

 

Responsible Officer

Coordinator - Grants

 

CONFIDENTIAL ITEMS CONTINUED

 

In accord with the provisions of section 275 of the Local Government Regulation 2012, 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:-

          (a)     the appointment, dismissal or discipline of employees

          (e)     contracts proposed to be made by it;

 

 

Resolution No. GM/02.2013/28

Moved Cr O'Neil                                                       Seconded Cr Chambers

 

That Council close the meeting to the public at 2.06pm.

 

CARRIED                                                                                                                   6/0

 

 

Cr. O’Neil left the Chamber at 2.45pm.

Cr. O’Neil entered the Chamber at 2.46pm.

 

Cr. Wason left the Chamber at 2.54pm.

Cr. Wason entered the Chamber at 2.57pm.

 

Cr. Flynn left the Chamber at 3.04pm.

UNCONFIRMEDCr. Flynn entered the Chamber at 3.05pm.

 

Cr. Flynn left the Chamber at 3.24pm.

Cr. Flynn entered the Chamber at 3.33pm.

 

Cr. Chambers left the Chamber at 3.50pm and did not return for the remainder of the meeting.

 

Cr. Newman left the Chambers at 4.06pm.

Cr. Newman entered the Chamber at 4.09pm.

 

Resolution No. GM/02.2013/29

Moved Cr O'Neil                                                       Seconded Cr Flynn

 

That Council open the meeting to the public at 4.16pm.

 

CARRIED                                                                                                                   5/0

 

 

 

 

 

 

 

Item Number:                               C.6

File Number: D13/5143

Subject Heading:                 Tender for Purchase of new Wheel Loader for Roma Quarry

Author and Officer’s Title:        John  Gwydir, Manager - Works South

Executive Summary: 

Council’s Roma Quarry operates a series of heavy plant and equipment.  One of the current Wheel Loaders has reached the end of its economical service life and is due for replacement.

 

Resolution No. GM/02.2013/30

Moved Cr Newman                                                 Seconded Cr O'Neil  

That Council:-

 

  1. Accept the tender submitted by Komatsu Australia for a Komatsu WA480_6A Wheel Loader;  and

 

  1. Approve a budget amendment at the next budget review to increase the allocation for this purchase to $403,000 (GST exclusive)  from $400,000; and the balance be funded from within the existing Plant & Workshop budget.

 

CARRIED                                                                                                                   5/0

 

Responsible Officer

Manager - Works South

 

UNCONFIRMED

Item Number:                               C.7

File Number: D13/4324

Subject Heading:                 Proposal to conduct composting trial at Roma Waste Facility

Location:                                       Roma Waste Facility, Short Street, Roma

Author and Officer’s Title:        Margaret Milla, Coordinator - Waste Services

Executive Summary: 

Council has received a proposal from Nugrow Regional Pty Ltd to establish a small scale composting facility at Council’s Roma landfill on Short Street.

 

The establishment of a composting facility would divert large amounts of waste going to landfill and thereby increase the life of the landfill.

 

Resolution No. GM/02.2013/31

Moved Cr Flynn                                                       Seconded Cr O'Neil  

 

That Council call for Expressions of Interest  to conduct a trial composting operation at the Roma landfill site for six (6) months and the matter be brought back to Council for consideration at the earliest opportunity.

 

CARRIED                                                                                                                   5/0

 

Responsible Officer

Coordinator - Waste Services

 

UNCONFIRMED

Item Number:                               LC.1

File Number: D13/5994

Subject Heading:                 Proposed Amendments to the Organisational Structure and Position Appointments - Report Update for Results of Consultation Process with Teams

Author and Officer’s Title:        Julie Reitano, Chief Executive Officer

UNCONFIRMEDExecutive Summary: 

At the meeting of Council on 23 January 2013, Council considered a report on proposed amendments to the Organisational Structure and associated recruitment and contractual matters.  

 

The background previously provided was that given the departure of two of Council’s Directors, it is timely to give consideration to what the framework will be for the recruitment, selection and appointment of their replacement/s.    Also, the organisation is now starting to settle into the changes made during the last quarter of 2012.    Some additional finetuning is recommended to assist with the operational implementation of the new structure.

 

The two week consultation period has now been completed, and amendments have been incorporated.  

 

A complete Organisational Structure covering all positions has also now been completed for the first time (a significant milestone for the new Maranoa Regional Council).   Any changes to this ‘baseline’ will now undergo stringent review. 

 

 

Resolution No. GM/02.2013/32

Moved Cr Denton                                                    Seconded Cr Newman  

 

1.   Adopt the Organisational Structure dated 13 February 2013;

 

2.   Endorse the minimum and maximum parameters for contract staff salary indexation as recommended, and that it be backdated to the start of current contracts.

 

 

CARRIED                                                                                                                   5/0

 

Responsible Officer

Chief Executive Officer

 

 

CLOSURE

 

There being no further business, the Deputy Mayor thanked Council for their attendance and declared the meeting closed at 4.25pm.

                                 

 

These Minutes are to be confirmed at the next General Meeting of Council to be held on 27 February 2013, at Roma Administration Centre.

 

 

 

 

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

Mayor                                                                                     Date.

 

.........................................

Deputy Mayor

UNCONFIRMED


Maranoa Regional Council

    

General Meeting -  27 February 2013

Officer Report

Meeting: General  27 February 2013

Date: 4 February 2013

Item Number: 10.1

File Number: D13/4560

 

Subject Heading:                     SRC/CNF Housing and Horizon Housing Company

Classification:                                  Open Access    

Name of Applicant:                         Not Applicable

Location:                                           Not Applicable

Author & Officer’s Title:                 Edward Sims, Manager - Major Projects, Economic Development & Tourism

 

Executive Summary: 

 

Pursuant with Council resolution GM.276.12 section 1,2 &3 namely: 

 

1.         Advise the Urban Land Development Authority that Council’s preference for transfer of        ownership of the Sustainable Resource Communities (SRC) and Competitive         Neutrality Fund (CNF) funded properties is to the Horizon Housing Company (HHC) and;

 

2.         Negotiate with the Urban Land Development Authority to transfer ownership to HHC of        any other property/properties that can be developed as a result of any GST savings     and under-spent contingencies for the SRC and CNF funded properties and;

 

3.         Consider future affordable housing projects with HHC on a case-by-case basis in      accordance with Council’s Memorandum of Understanding with HHC;

 

The rider over this resolution is that Council will retain a legal interest in the properties.  This is to serve two purposes:

 

a)   to protect the long term interests of the community for which the housing is intended and

b)   to facilitate the financial growth of the “Maranoa” business of the Horizon Housing Company.

 

The former is by way of a mortgage over the properties and a call option should Council wish to reclaim title and the latter by allowing HHC to leverage the properties to obtain funds to build more affordable housing.

 

Given that these properties will in title be owned by HHC and thereby excluding Council from further interests in them, the documents associated with this report will legally re-establish Council’s interests and rights in seeing the properties well managed for community benefit , and give Council legal recourse if necessary for the future.

 

The Affordable Housing Agreement establishes the basis under which Council will support HHC’s activities with the properties in question and will lay the basis for all future dealings with Council within the region.

 

This report seeks Council’s endorsement of the documents and authorisation for the Chief Executive Officer to sign off on Council’s behalf with Horizon Housing Company.

 

 

 

Officer’s Recommendation: 

That Council endorse the terms of the mortgage and call option documents and authorise the Chief Executive Officer to sign off the documents with Horizon Housing Company.

 

 

Body of Report:

 

1.   Affordable Housing Deed

 

The Affordable Housing Deed has been drafted to oblige Horizon Housing Company (HHC) to provide affordable housing using the improved land which will be provided to it by the ULDA.  To secure HHC’s obligation under the Deed, Council will be granted a first registered mortgage, which may be subordinated by a subsequent mortgage if required.

 

Under the Affordable Housing Deed, Council will also be granted the option to purchase the improved land in the event that HHC defaults on its obligations under the Deed, and in the event that either party determines that an agreement is no longer needed after a period of 10 years.

 

Clause 8 of the Affordable Housing Agreement calls for a local Committee to be established to oversee the performance of HHC’s operations in the Maranoa, and Council may wish to take a role as chair of its membership.

 

2.   Call Option Agreement

 

If HHC defaults in its obligations under the Affordable Housing Deed, the Call Option Agreement gives Council the option to purchase any or all of the properties held by HHC under the Affordable Housing Deed for the purchase price as set out in the Agreement of $1.00. 

 

Council will have 6 months once the Call Option has been enlivened, to provide notice to HHC of its intention to purchase one or all of the properties.  Under the terms of the Call Option, HHC has an unconditional obligation to enter into a contract of sale for the purchase price as stated in the agreement, within 4 days of receiving notice.

Consultation (internal/external):

 

MRC CEO Julie Reitano

MRC Director Community and Commercial Services, Anthony Klein

MRC Director Development, Facilities & Environmental Services, Robert Hayward

HHC Business Development Manager, Jamie Muchall

McInnes Wilson Lawyers, Brendan McGrath, and Andrea Hetherington

 

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

 

·    Legal risk has been mitigated by the agreements which are the subject of this report.

·    Financial risk is negligible.

·    Political risk is negligible.

Policy Implications:

 

Nil

Financial Resource Implications:

 

No Capital amounts are required however some operational expenses will be associated with establishing mortgages over the properties.    These can be accommodated within the current budget.

 

Link to Corporate Plan:

Corporate Plan 2009-2013 8.4.1(a) To proactively identify and encourage actions which facilitate the sustainable development of the regional economy.

Supporting Documentation:

1View

HHC-MRC Draft Call Option Agreement

D13/4992

2View

HHC - MRC Draft affordable housing agreement

D13/8153

3View

McInness Wilson leagl opinion-HHC Key Worker Deed and Call Option

D13/8155

 

Report authorised by:

Julie Reitano, Chief Executive Officer


Attachment 1

HHC-MRC Draft Call Option Agreement

 


Attachment 2

HHC - MRC Draft affordable housing agreement

 

 

affordable housing deed

Maranoa Regional Council

Horizon Housing Solutions Ltd ABN 54 147 539 526


Attachment 2

HHC - MRC Draft affordable housing agreement

 

 

contents

1.       definitions and interpretation                                                                                          1

1.1     Definitions                                                                                                                                                                    1

1.2     Rules for Interpreting this Document                                                                                                                      4

2.       transfer of land to horizon                                                                                              5

3.       Grant of mortgage to council                                                                                          6

4.       Second mortgage                                                                                                                  6

5.       TERM                                                                                                                                           6

6.       Horizon’s obligations                                                                                                          6

7.       COUNCIL’S obligations                                                                                                          7

8.       maranoa housing committee                                                                                               7

9.       right of first refusal                                                                                                          8

10.     liability and INDEMNITY                                                                                                          8

10.1    Mutual Exclusion of Liability                                                                                                                                      8

10.2    Mutual Indemnity                                                                                                                                                         8

11.     Confidential information                                                                                                    9

11.1    Use of Confidential Information                                                                                                                               9

11.2    Permitted Disclosures                                                                                                                                               9

11.3    Injunctive Relief                                                                                                                                                           9

11.4    Return of Confidential Information                                                                                                                           9

12.     GST                                                                                                                                           10

12.1    GST Exclusive Amounts                                                                                                                                          10

12.2    Payment of GST                                                                                                                                                        10

12.3    Reimbursements                                                                                                                                                     10

13.     default                                                                                                                                   10

13.1    Events of Default                                                                                                                                                       10

13.2    Consequences of Default                                                                                                                                       10

14.     Termination                                                                                                                            10

14.     mediation                                                                                                                                11

14.1    Mediation                                                                                                                                                                    11

15.     DISPUTE RESOLUTION                                                                                                              11

15.1    Notification of parties to the dispute                                                                                                                      11

15.2    Selecting a Mediator                                                                                                                                                 11

15.3    Participation                                                                                                                                                               11

15.4    Confidentiality                                                                                                                                                            11

15.5    Costs and fees                                                                                                                                                          12

15.6    Dispute not resolved                                                                                                                                                12

16.     Notices                                                                                                                                    12

17.     Miscellaneous                                                                                                                      13

17.1    Assignment                                                                                                                                                                13

17.2    Discretion in Exercising Rights and Giving Consents                                                                                      13

17.3    No Warranty by Giving Consent                                                                                                                             13

17.4    No Liability for Loss                                                                                                                                                  13

17.5    Conflict of Interest                                                                                                                                                     13

17.6    Remedies Cumulative                                                                                                                                             13

17.7    Amendment                                                                                                                                                               13

17.8    Waiver                                                                                                                                                                         13

17.9    No Merger                                                                                                                                                                   14

17.10  Survival of Rights and Obligations                                                                                                                        14

17.11  No Payment Required to Claim Indemnity                                                                                                          14

17.12  Giving Effect to this Document                                                                                                                               14

17.13  Construction                                                                                                                                                              14

17.14  Severability                                                                                                                                                                 14

17.15  Costs and Expenses                                                                                                                                               15

17.16  Execution under Power of Attorney or Agency                                                                                                     15

17.17  Time of the Essence                                                                                                                                                15

17.18  Governing law                                                                                                                                                            15

17.19  Counterparts and Facsimile Copies                                                                                                                    15

17.20  No Joint Venture, Partnership or Employment                                                                                                    15

Execution                                                                                                                                         16


Attachment 2

HHC - MRC Draft affordable housing agreement

 

 

affordable housing deed

date

details of parties

 

 

Name

Maranoa Regional Council

Label

Council

Attention

The Chief Executive Officer

Mailing Address

PO Box 42, Mitchell QLD 4465

Fax Number

(07) 4624 6990

 

 

 

 

Name

Horizon Housing Solutions Pty Ltd 

Label

Horizon

Attention

 

Street Address

Level 11, Australia Fair Office Tower, 42 Marine Parade, Southport QLD 4215

Mailing Address

PO Box 3680, Australia Fair Tower, Southport QLD 4215

Phone Number

(07)

 

 

 

background                                                   

A.         The Council is a local government entity seeking to address the issue of housing affordability within the Maranoa Region. 

B.         Horizon is a registered not for profit organisation and charity providing community housing and social and affordable housing development. 

C.        Council and Horizon have agreed to work together to provide affordable and social housing services in the Maranoa Regional Council Local Government Area (Project).

D.        The Urban Land Development Authority (ULDA) has proposed to develop 13 properties in the town of Roma, using the Competitive Neutrality Fund (CNF) and Sustainable Resource Community (SRC) funding (Properties). 

E.         The Council has directed that the Land be transferred to Horizon by the ULDA for the purpose of developing affordable housing on the Land, subject to the terms of this Deed. 

operative provisions

1.  definitions and interpretation

1.1       Definitions

The following definitions apply in this document:

Business Day means a day on which banks are open for retail banking, other than a Saturday, Sunday or public holiday, in Roma, Australia 

Capital Assistance Agreement means the Capital Assistance Agreement entered into between Horizon and the Department of Housing in relation to the use of the Properties, as requested by the ULDA.

Claim means any claim, action, proceeding or demand, however it arises and whether it is present, future, fixed, unascertained, actual or contingent.

CNF means the Competitive Neutrality Fund.

Commencement Date means the date that this Deed is signed by the parties.

Confidential Information of a party means any information:

(i)         Relating to the business and affairs of that party;

(ii)        Relating to the customers, clients, employees, subcontractors or other persons doing business with that party;

(iii)       That is by its nature confidential;

(iv)       Which is designated as confidential by a party in any manner;

(v)        Which the recipient of the information knows or ought to know is confidential, and includes all trade secrets, know how, financial information and other commercially valuable information of that party. 

Consequential Loss includes indirect, economic, special or consequential loss or damage, loss of revenue, time, goodwill, data, anticipated savings, opportunity, loss of production and loss of profit. 

Council means Maranoa Regional Council.

Council Nominated Officer means the Chief Executive Officer or a staff member delegated by Council.

CPI means:

(a)       the Consumer Price Index All Groups for the city of Brisbane;

(b)       if that index is suspended or discontinued and another index is substituted by the Australian Statistician, that index; or

(c)       if there is no index issued by the Australian Statistician, the general inflation rate in Queensland as used by the Queensland Treasury for the relevant period. 

Deed means this document, including any annexures and schedules. 

Government Agency means:

(a)       a government or government department or other body;

(b)       a government, semi-governmental or judicial person; or

(c)       a person (whether autonomous or not) who is charged with the administration of a law. 

GST Law has the meaning given to “GST law” in the A New Tax System (Goods and Services Tax) Act 1999 (Cth).

GST has the meaning given by the GST Law.

Horizon means Horizon Housing Solutions Pty Ltd ABN 54 147 539 526.

Insolvency Event means any of the following events occurring in relation to a party:

(a)       a liquidator, receiver and manager, administrator, official manager or other controller (as defined in the Corporations Act 2001 (Cth)), trustee or controlling trustee or similar official is appointed over any of the property or undertaking of the party;

(b)       the party or the party’s property or undertaking becomes subject to a personal insolvency arrangement under Part X Bankruptcy Act or a debt agreement under Part IX Bankruptcy Act;

(c)       the party is, or becomes unable to pay its debts as and when they fall due, or is or becomes unable to pay its debts within the meaning of the Corporations Act, or is presumed to be insolvent under the Corporations Act;

(d)       the party ceases to carry on business; or

(e)       an application or order is made for the liquidation of the party or a resolution is passed or any steps are taken for the winding up or liquidation of the party, otherwise than for the purpose of an amalgamation or reconstruction. 

Land means the following Lots:

(a)       Lot 103 on SP249944, County of Waldegrave, Parish of Roma, Title Reference 50877160;

(b)       Lot 111 on SP249944, County of Waldegrave, Parish of Roma, Title Reference 50877168;

(c)       Lot 112 on SP249944, County of Waldegrave, Parish of Roma, Title Reference 50877169; and

(d)       Any lots subsequently created from them. 

Maranoa Region means the geographical area within the jurisdictional boundaries of the Maranoa Regional Council. 

Option Agreement means the Call Option Agreement between Council and Horizon in relation to the Properties. 

Option Period means the Option Period as defined in the Option Agreement.

Project means the utilisation of the Properties to provide affordable and social housing services in the Maranoa Region.

Properties means the 13 houses (and any additional houses) to be constructed and sited on the Land by Horizon in conjunction with the ULDA, through CNF and SRC funding.   

Second Mortgage means a mortgage entered into between Horizon and a third party subsequent to a mortgage entered into between Horizon and Council pursuant to clause 3 of this Deed. 

SRC means Sustainable Resource Community.

Term means the term of this Deed as defined at clause 5. 

ULDA means the Urban Land Development Authority.

1.2       Rules for Interpreting this Document

This clause 1.2 specifies the rules for interpreting this document, except where the context makes it clear that a rule is not intended to apply.

(a)       The contents page[s] (if any), the Background and headings are for convenience only and do not affect the interpretation of this document.

(b)       A reference to:

(i)         legislation (including subordinate legislation) is to that legislation as amended, re enacted or replaced, and includes any subordinate legislation issued under it;

(ii)        a document (including this document), or a provision of a document (including a provision of this document), is to that document or provision as amended or replaced;

(iii)       a party to this document, or a party to any other document or agreement, includes that party’s executors, administrators, permitted substitutes and permitted assigns;

(iv)       a person includes any type of entity or body of persons, whether or not it is incorporated or has a separate legal identity, and any executor, administrator or successor in law of the person;

(v)        anything (including a right, obligation or concept) includes each part of it;

(vi)       property includes real, personal and intangible property;

(vii)      any body or agency, if that body or agency ceases to exist, is renamed, reconstituted, replaced or has its powers or functions removed (Defunct Body), means the agency or body which succeeds to the Defunct Body’s powers or functions, or performs most closely the functions of the Defunct Body;

(viii)     AUD$, A$, $A, dollar or $ is to Australian currency; or

(ix)       a clause, schedule or annexure is to a clause of, or schedule or annexure to, this document.

(c)       A singular word includes the plural, and vice versa.

(d)       A word which suggests one gender includes any other genders.

(e)       If a word is defined, another part of speech of that word has a corresponding meaning.

(f)        If an example is given of anything (including a right, obligation or concept), such as by saying it includes something else, the example does not limit the scope of that thing.

(g)       An obligation on, warranty by, or right of:

(i)         two or more persons; or

(ii)        a party that comprises two or more persons,

is the obligation, warranty or right (as the case may be) of those persons jointly and severally.

(h)       Time is reckoned as follows:

(i)         A reference to the date or time of day is a reference to that date or that time of day in Queensland, Australia.

(ii)        If a period expressed in days, beginning on a given day, act or event is provided or allowed for any purpose, the period is calculated by:

(A)       excluding the day, or the day of the act or event; and

(B)       including the day on which the purpose is to be fulfilled.

(iii)       If a period expressed in weeks, months or years, beginning on a given day, act or event is provided or allowed for any purpose, the period is calculated from:

(A)       the day, or the day of the act or event; until

(B)       the corresponding day in the next appropriate week, calendar month or year.

(iv)       If there is no corresponding day for the purposes of clause 1.2(h)(iii)(B), because of the differing number of days in calendar months, the corresponding day is taken to be the last day of the relevant calendar month.

(v)        If something is to be done on a particular day, it must be done by 5.00pm on that day.

(vi)       If something is to be done on a day which is not a Business Day then that thing must be done on the next Business Day.

(i)         Terms defined in the GST Law have the same meaning in this document unless the context makes it clear that a different meaning is intended.

2.  transfer of land to horizon

(a)       The Council shall direct the ULDA to transfer ownership of the Land to Horizon in substitution for Council. 

(b)       In exchange for receiving the Land at the direction of Council pursuant to clause 2(a), Horizon agrees that it will use the Land only for the purpose of the Project for the Term of this Deed.  

3.  Grant of mortgage to council

(a)       Horizon agrees to grant a first registered mortgage to Council over the Land to secure Horizon’s obligations pursuant to this Deed. 

(b)       The mortgage held by Council shall not secure payment of any funds to Council by Horizon, except in accordance with this Deed. 

4.  Second mortgage

(a)       Horizon may consider using the Land or Properties as security for a Second Mortgage for the purpose of providing further affordable and social housing development. 

(b)       In the event that Horizon wishes to use the Land or Properties as security for a Second Mortgage pursuant to clause 4(a), Horizon must first obtain the written consent of Council which shall not be unreasonably withheld. 

(c)       Council may, as a condition of providing its consent pursuant to clause 4(b), require Horizon to include a provision in the Second Mortgage which requires the mortgagee to provide the residue of any proceeds of sale of the Land or Properties under the mortgage to Council instead of Horizon in the event that the second mortgagee exercises its power of sale under the Second Mortgage. 

(d)       Where Council has consented to a Second Mortgage pursuant to clause 4(b)), Council shall, if required by Horizon’s second mortgagee, enter into a deed of priority with the second mortgagee to subordinate Council’s mortgage to Second Mortgage. 

(e)       Horizon must not leverage the Land or Properties for more than 30% of its total value. 

5.  TERM

(a)       This Deed shall commence on the Commencement Date and shall continue until terminated in accordance with this Deed. 

(b)       Upon the expiration of 10 years after the Commencement Date, the parties shall consider whether the terms of this Deed shall continue. 

(c)       Should either party not wish to continue with this Deed after the expiration of 10 years from the Commencement Date, the Option Period under the Option Agreement shall commence from the date that one party provides notice in writing to the other that they do not wish to continue with this Deed in accordance with this clause 5(c).

6.  Horizon’s obligations

Horizon acknowledges and agrees that it must:

(a)       Work with the ULDA to enable the transfer of the ownership of the Land to Horizon;

(b)       Negotiate and sign a Capital Assistance Agreement required by the ULDA to enable the transfer of the Land to occur;

(c)       Negotiate for the development of as many additional Properties as possible from the available CNF & SRC funding;

(d)       Lease the Properties as affordable housing to Eligible Tenants under an eligibility criteria and rent policy agreed with Council in writing;

(e)       Comply in all respects with Horizon’s obligations under the Capital Assistance Agreement, including all reporting requirements;

(f)        Reinvest any surplus generated from Horizon’s operation of the Project  back into affordable and social housing initiatives in the Maranoa Region;

(g)       Comply with all relevant legislation, government policies and directions, industry standards and codes of practice in relation to environmental protection, sustainability, workplace health and safety and building and construction health and safety;

(h)       Acknowledge the support of Council for the Project delivered by Horizon pursuant to this Deed, in a manner satisfactory to Council; and

(i)         Notify Council immediately in writing of any action taken against Horizon by a second mortgagee pursuant to a Second Mortgage. 

7.  COUNCIL’S obligations

The Council acknowledges and agrees that it will:

(a)        Take reasonable steps to assist Horizon in taking ownership of the Land;

(b)        Organise the creation and registration of the mortgage over the Land granted by Horizon in accordance with clause 3 at its own cost;

(c)        Support the delivery of the Project by Horizon, having regard to any regulatory or legislative requirements;

(d)        Acknowledge the works and support of Horizon in delivering the Project pursuant to this Deed, in a manner satisfactory to Horizon; and

(e)        Provide Horizon with any non-confidential information that may assist Horizon in delivering the Project pursuant to this Deed, having regard to any regulatory or legislative requirements. 

8.  maranoa housing committee

(a)       If clause 6(f) applies, Horizon must notify Council of the existence of surplus funds. 

(b)       Council shall establish a local committee to be named ‘Maranoa Housing.’

(c)       Horizon shall consult and collaborate with ‘Maranoa Housing’ to ensure that the interests of the Maranoa Region are served in the application of the surplus funds as required pursuant to clause 6(f).

9.  right of first refusal

(a)       In the event that Council does not exercise its option to purchase the Properties, or any one or more of them pursuant to the Option Agreement, Horizon may sell the Properties, or any one or more of them, for market value.

(b)       Notwithstanding clause 9(a),if after offering the Properties on the open market, Horizon becomes prepared to accept an offer on terms more favourable to the purchaser that were originally proposed to Council under the Option Agreement, then Horizon must give notice to Council in writing.  If, within 2 business days of the written notification pursuant to this clause being received by Council, Council agrees to meet the terms and conditions and to purchase the Properties, then Horizon must sell the Properties to Council. 

10.       liability and INDEMNITY

10.1     Mutual Exclusion of Liability

(a)       Neither party shall be liable to the other for any consequential loss suffered by either party as a result of the other party’s actions. 

(b)       As far as the law permits, and unless otherwise specified in this document, neither party is liable to the other for any injury ,loss, damage, cost or expense relating to or arising from this document, except the extent that the injury, loss, damage cost or expense arises from the wilful default or negligent act or omission fo the other party. 

10.2     Mutual Indemnity

(a)       Horizon indemnifies and must keep indemnified the Council and its employees, agents, and contractors (indemnified) from and against all Claims, demands, proceedings, judgments, orders, losses, expenses or costs of any nature whatsoever (including consequential loss), which the indemnified may suffer or incur in connection with loss of life, personal injury, illness, damage to property or nuisance to any third party:

(i)         Arising directory or indirectly from or in connection with the performance of this Deed; or

(ii)        Caused or contributed to by any wilful act or negligent act or omission of Horizon or any of Horizon’s employees, agents or contractors. 

(b)       The Council indemnifies and must keep indemnified Horizon and its employees, agents and contractors (indemnified) from and against all Claims, demands, proceedings, judgments, orders, losses, expenses or costs of any nature whatsoever (including consequential loss), which the indemnified may suffer or incur in connection with loss of life, personal injury, illness, damage to property or nuisance to any third party:

(i)         Arising directory or indirectly from or in connection with the performance of this Deed; or

(ii)        Caused or contributed to by any wilful act or negligent act or omission of Council or any of Council’s employees, agents or contractors. 

11.       Confidential information

11.1     Use of Confidential Information

(a)       Each party (Recipient) agrees that Confidential Information belonging to the other party shall be kept confidential by the Recipient and shall not be disclosed to any other party except in accordance with this Deed or with the consent of the disclosing party. 

(b)       The Confidential Information shall not be used by the Recipient except for the purpose for which it was disclosed. 

11.2     Permitted Disclosures

(a)       The Recipient shall not (directly or indirectly) disclose the Confidential Information to any person without the prior written consent of the disclosing party, provided however that such Confidential Information may be disclosed in the following circumstances:

(i)         Where the Confidential Information is required to be disclosed by law, or to a Government Agency for the purpose of evaluating a proposal by the Recipient;

(ii)        Where the Confidential Information is in the public domain, otherwise that as a result of a breach of this clause 11;

(iii)       Where the Confidential Information is already known by, or rightfully received or independently developed by the Recipient of that Confidential Information, free of any obligation of confidence; or

(iv)       To the Recipient’s directors, agents, professional advisors, employees, contractors and permitted sub-contractors for the purpose of exercising the Recipient’s rights under this Deed, or for the performance of the Recipient’s obligations under this Deed.

(b)       Where the Recipient discloses Confidential Information of the other party pursuant to clause 11.2(iv), the Recipient must ensure that the Confidential Information disclosed is kept confidential by the person to whom it was disclosed.

11.3     Injunctive Relief

(a)       Each party acknowledges that:

(i)         The other party may suffer financial and other loss and damage if any unauthorised act occurs in relation to Confidential Information of the other party; and

(ii)        In addition to any other remedy available at law or in equity, the other party is entitled to injunctive relief to prevent a breach of, and to compel specific performance of this clause 11.

11.4     Return of Confidential Information

In the event that this Deed comes to an end, the Recipient of Confidential Information belonging to the other party must promptly deliver to the other party, and shall not retain, any and all originals, copies, notes, calculations, summaries or extracts of any Confidential Information in the Recipient’s possession. 

12.       GST

12.1     GST Exclusive Amounts

All amounts payable under or in connection with this document are exclusive of GST, unless otherwise stated. 

12.2     Payment of GST

(f)         A recipient of a taxable supply under or in connection with this document must pay to the supplier, in addition to the GST exclusive consideration for the taxable supply, an amount equal to any GST paid or payable by the supplier in respect of the taxable supply (GST Amount).

(g)        The recipient must pay the GST Amount to the supplier when the GST exclusive consideration or part of it is provided, except that the recipient need not pay the GST Amount unless the recipient has received a tax invoice (or an adjustment note) for that taxable supply.

12.3     Reimbursements

Where a supplier incurs a cost or expense for which it may claim payment, reimbursement or indemnity from another party under or in connection with this document, the amount to be paid or credited to the supplier is the cost or expense (reduced by the input tax credit that the supplier is entitled to claim in respect of that cost or expense) plus the amount in respect of GST payable by the recipient as calculated under clause 12.2.

13.       default

13.1     Events of Default

Horizon shall be in breach of this Deed if any of the following occurs:

(a)       An Insolvency Event occurs;

(b)       Horizon becomes unable to carry out the Project;

(c)       Horizon fails to comply with any of its obligations pursuant to this Deed. 

13.2     Consequences of Default

(a)       A default by Horizon under this Deed pursuant to clause 13.1 shall be a default under the mortgage held by Council pursuant to clause 3.

(b)       A default  by Horizon under this Deed pursuant to clause 13.1 shall cause the Option Period to commence pursuant to the Option Agreement. 

14.       Termination

This Agreement may only be terminated by mutual agreement between the parties.

14.       mediation

14.1     Mediation

(a)       Unless otherwise provided for in this Deed, upon any dispute between the parties whether with respect to the interpretation of any term of this Deed or with respect to the performance of any obligation under this Deed, at the request of any party, each of the parties will designate a representative (which may be the named party itself) to attempt to resolve such dispute.

(b)       The designated representatives will act in good faith to resolve the dispute over a period of ten (10) Business Days, unless he or she concludes that an amicable resolution of the matters in issue through such efforts, do not appear likely.

(c)       The specific format for such discussions will be left to the discretion of the designated representatives but may include preparation of agreed upon statements of fact or written statements of position.

(d)       If the dispute can not be resolved, pursuant to this clause 14.1 the Parties will refer the matter to dispute resolution in accordance with clause 15.

15.       DISPUTE RESOLUTION

15.1     Notification of parties to the dispute

Unless otherwise provided for in this Deed, a dispute that is not capable of resolution under clause 14 shall be submitted to mediation under this Deed by written notice (“Dispute Notice”) to the other party setting out details of the dispute.

15.2     Selecting a Mediator

(a)       The mediator will be selected by agreement of the parties.

(b)       If the parties cannot agree on a mediator within seven (7) days after service of the Dispute Notice, a mediator will be designated by the Australian Commercial Disputes Centre at the request of the party.

15.3     Participation

(a)       The mediation will be conducted as specified by the mediator and agreed upon by the parties.

(b)       The parties agree to use their best endeavours to:

(i)         discuss their differences; and

(ii)        to attempt, with the assistance of the mediator, to reach an expeditious and amicable resolution of the dispute.

15.4     Confidentiality

(a)       The mediation will be treated as a settlement discussion and therefore any disclosures / exchanges, whether written or oral, in the course of mediation will be confidential.

(b)       This Deed does not restrict the parties’ freedom to disclose and discuss the course of proceedings and exchanges within the mediation with their advisers and insurers, provided always that any such disclosures and discussions will only be on this same basis of confidentiality.

(c)       The mediator must not testify for any party or any third party in any later proceeding relating to the dispute.

(d)       No recording or transcript shall be made of the mediation proceedings.

(e)       Documents or other materials brought into existence for or as a result of the mediation will also be confidential and privileged (any use of which within the context of the mediation will not constitute a waiver of such confidentiality and privilege) and will not be used in later proceedings and will not be discoverable or otherwise able to be used in later proceedings.

15.5     Costs and fees

(a)       Each party will bear its own costs in the mediation.

(b)       The fees and expenses of the mediator and other costs relating to the conduct of the mediation, including but not limited to room hire, will be shared equally by the parties.

15.6     Dispute not resolved

If a dispute has not been resolved within ninety (90) days of service of the Dispute Notice (or a longer period, if the parties agree in writing to extend the mediation), the mediation shall terminate and either party can bring proceedings in a Court of competent jurisdiction.

16.       Notices

(a)       A notice, demand, certificate, consent, approval, waiver or communication given under this document is only effective if it is in writing, signed (by hand or electronically) by the party giving it and hand delivered or sent by email, prepaid post or fax to the recipient at the address specified in clause 16(b). If it is sent by mail, it is taken to have been received on the second Business Day after it is posted. If it is sent by fax or email, it is taken to have been received when the addressee actually receives it in full and legible form.

(b)       The address of each party is set out below, or any other address notified by a party to the other party or parties.

Council

Attention: Edward Sims, Manager Organisational Development, Maranoa Regional Council.

Street Address: Corner Bungil and Quintin Streets, Roma

Mailing Address: PO Box 42, Mitchell, QLD  4465

Phone number: (07) 4626 6118

Fax number: (07) 4624 6990

Email address: Edward.Sims@maranoa.qld.gov.au

 

Horizon

Attention: Jason Cubit, Chief Executive Officer

Street Address:

Mailing Address: PO Box 3680, Australia Fair QLD 4215

Phone number: (07) 5668 9400

Fax number: (07) 5571 0732

Email address:

 

17.       Miscellaneous

17.1     Assignment

Except as expressly provided for in this Deed, Horizon may not assign, subcontract or otherwise dispose of, declare a trust over or create an interest in, its rights under this Deed without the prior written consent of Council, which must not be unreasonably withheld. 

17.2     Discretion in Exercising Rights and Giving Consents

A party may exercise a right or remedy or give or refuse its consent in any way it considers appropriate (including by imposing conditions), unless this document expressly states otherwise.

17.3     No Warranty by Giving Consent

By giving its approval or consent, a party does not make or give any warranty or representation as to any circumstance relating to the subject matter of the consent or approval.

17.4     No Liability for Loss

A party is not liable for loss caused by the exercise or attempted exercise of, failure to exercise, or delay in exercising a right or remedy under this document.

17.5     Conflict of Interest

A party’s rights and remedies under this document may be exercised even if it involves a conflict of interest or a party has a personal interest in their exercise.

17.6     Remedies Cumulative

The rights and remedies provided in this document are in addition to other rights and remedies given by law independently of this document.

17.7     Amendment

This document can only be amended, supplemented, novated or replaced by another document signed by the parties.

17.8     Waiver

A right under this document can only be waived by notice in writing signed by the party or parties waiving the right. A party does not waive its rights under this document because it grants an extension or forbearance to any other party. A waiver of a right on one or more occasions does not operate as a waiver of that right if that right arises again. The exercise of a right does not prevent any further exercise of that right or of any other right. If a party does not exercise a right or remedy fully or at a given time, the party may still exercise it later.

17.9     No Merger

None of the rights and obligations of a party under this document merge:

(a)       on completion of any transaction contemplated by this document;

(b)       with any security interest, guarantee, judgement or other right or remedy that a party may hold at any time; or

(c)       as a consequence of anything done under this document,

and those rights and obligations at all times remain in full force and effect.

17.10   Survival of Rights and Obligations

The following survive termination or expiration of this document:

(a)       Rights accrued to a party up to the date of termination or expiration of this document.

(b)       Indemnities and obligations of confidence given by a party under this document.

17.11   No Payment Required to Claim Indemnity

It is not necessary for a party to incur expense or make payment before enforcing a right of indemnity under this document.

17.12   Giving Effect to this Document

Each party agrees, at its own expense, to do anything (including ensuring that its employees and agents do anything) that any other party reasonably requires (such as obtaining consents, signing and producing documents) as may be necessary or desirable to give full effect to the provisions of this document and the transactions contemplated by it.

17.13   Construction

No rule of construction applies to the disadvantage of a party because that party was responsible for the preparation of, or seeks to rely on, this document or any part of it.

17.14   Severability

If the whole, or any part, of a provision of this document is void, unenforceable or illegal in a jurisdiction, it is severed for that jurisdiction. The remainder of this document has full force and effect, and the validity or enforceability of that provision in any other jurisdiction is not affected. This clause has no effect if the severance materially alters the nature or intended effect of this document.

17.15   Costs and Expenses

Each party will bear its own costs and expenses in relation to the negotiation, preparation, execution, delivery, registration and completion of this document and any related documentation.

17.16   Execution under Power of Attorney or Agency

Each person who executes this document as:

(a)       attorney for a party, or

(b)       agent of a party,

warrants that he or she has authority to do so, and will produce written evidence of that authority to any party who requests it.

17.17   Time of the Essence

Time is of the essence with respect to all provisions of this document that specify a time for performance.

17.18   Governing law

This document is governed by the law in force in Queensland. Each party irrevocably submits to the non-exclusive jurisdiction of the courts exercising jurisdiction in Queensland, and any court that may hear appeals from any of those courts for any proceeding in connection with this document, and waives any right it may have to claim that those courts are an inconvenient forum.

17.19   Counterparts and Facsimile Copies

This document may be executed in counterparts. A counterpart may be a facsimile copy of this document. All counterparts together are taken to constitute one instrument. A facsimile copy of this document which has been executed by a party may be relied upon by a party to the same extent as if it was an original of this document executed by the party.

17.20   No Joint Venture, Partnership or Employment

(a)       Nothing in this Deed is intended to create a partnership, joint venture or an agency relationship between Horizon and Council;

(b)       Horizon acknowledges that it has no authority to bind Council without Council’s specific consent; and

(c)       This Deed shall not constitute the relationship of employee and employer between Horizon and Council.

Execution

Executed as a Deed in Queensland:

 

SIGNED for Maranoa Regional Council by its duly authorised representative, in the presence of:

 

 

 

 

 

 

 

Signature of authorised representative

 

 

 

 

 

 

Signature of witness

 

Name of authorised representative (BLOCK LETTERS)

 

 

 

 

 

 

Name of witness (BLOCK LETTERS)

 

Office held (BLOCK LETTERS)

 

 

 

 

 

 

 

 

Date signed

 

 

EXECUTED by Horizon Housing Solutions Pty Ltd ABN 54 147 539 526:

 

 

 

 

 

 

 

 

 

 

 

Signature of director

 

Signature of director/secretary

 

 

 

 

 

 

Name (BLOCK LETTERS)

 

Name (BLOCK LETTERS)

 

 

 

 

 

 

 

 

Date signed


Attachment 3

McInness Wilson leagl opinion-HHC Key Worker Deed and Call Option

 


 


Maranoa Regional Council

    

General Meeting -  27 February 2013

Officer Report

Meeting: General  27 February 2013

Date: 17 February 2013

Item Number: 11.1

File Number: D13/6593

 

Subject Heading:                     Easter in the Country - Origin Sponsorship Withdrawal

Classification:                                  Open Access  

Name of Applicant:                         Not Applicable

Location:                                           Not Applicable

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

 

Executive Summary: 

On 12 February 2013, the Easter in the Country Association was advised by Origin Energy that their $15,000 sponsorship of the 2013 event was being withdrawn.  Council may wish to consider assisting the organisation as a result of this late withdrawal of funding.

 

 

Officer’s Recommendation: 

That Council:

1.   Work with the Easter in the Country Association to identify alternative sponsors for the 2013 event to offset the withdrawal of the Origin Energy funding;

2.   Underwrite this effort to a maximum of $13,000 should alternative funding from other sources not be forthcoming;  and

3.   Fund any shortfall in this funding from Council’s Community Grants Program.

 

 

Body of Report:

 

The Easter in the Country (EITC) festival is a significant contributor to the region’s economy.  In fact, in the Council commissioned AEC Group 2010 report, Contributions of Visitors to the Maranoa Regional Economy, it was estimated that the festival contributed $3.23M to the region’s economy representing 55% of all event tourism expenditure in the region.  The longevity and economic importance of the event is a testament to the commitment of volunteers (past and present) who have organised the event.

 

In the past and this year, Council has recognised the significance of the event through a $15,000 cash contribution to the event to assist with marketing, and approximately $30,000 in-kind contribution to assist in the preparation and running of the various events that make up the festival.  In addition, in Round 1 of Council’s 2012/13 Community Grants Program, Council committed $30,000 to assist the organisation with the coordination of the 2013 event and to assist with attracting ongoing funding (Tourism & Events Queensland – Regional Development Program, Festivals Australia, etc.), to reinvigorate the festival and add to its professional planning and coordination in future years.

 

As part of its 2013 planning, the EITC Association has booked the Wizard of Oz stage play to be performed on Good Friday at the Big Rig Parklands.  The stage play, stage, AV equipment and all associated costs for the entertainment is approximately $13,000.  The Origin Energy sponsorship was ‘earmarked’ for this event.

Consultation (internal/external):

Cr Robert Loughnan, Mayor

Cr Cameron O’Neil

Julie Reitano, CEO

Ed Sims, Manager Major Projects, Economic Development & Tourism

 

Jenny Flynn, President EITC

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

Council’s current commitment to EITC is significant.  It may be considered by some that this commitment is sufficient.

Policy Implications:

Maranoa Regional Council’s Grants and Assistance Policy extract:

 

This policy does not relinquish Council’s discretionary powers to consider requests for grants or assistance on a case by case basis as it determines relevant.

 

The recommendations are in accordance with the policy.

Financial Resource Implications:

·    $13,000 maximum depending on extent of alternative funding secured.

 

Community Grants program budget expenditure 2012/13 YTD = $40,000 (of $100,000 budget) and does not include any expenditure for Round 2 of the program.

 

Round 2 of Community Grants program closes 27 March 2013 and as such would not be an option for an application from the EITC Association.

 

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:

Nil

Report authorised by:

Julie Reitano, Chief Executive Officer


Maranoa Regional Council

    

General Meeting -  27 February 2013

Officer Report

Meeting: General  27 February 2013

Date: 18 February 2013

Item Number: 11.2

File Number: D13/6669

 

Subject Heading:                     Maruma-Li Mari (Family Violence Legal Prevention Service) overview and future strategic direction.

Classification:                                  Open Access    

Name of Applicant:                        

Location:                                          

Author & Officer’s Title:                 Melissa Wathen, Manager- Social Development

 

Executive Summary: 

Maruma-Li Mari Family Violence Prevention Legal Service (MLMFVPLS) has undertaken a comprehensive review to improve service provision quality and more broadly, improve capacity to assist Indigenous victims of violence within southern Queensland. As a result of this review and in consultation with key Council personnel and the Attorney Generals Department the following strategic recommendations are presented to Council for review and endorsement.

 

 

Officer’s Recommendation: 

That Council endorse the following strategic recommendations:

 

1.    Developing a Community Advisory Committee that corresponds with the Attorney Generals Department Operational Framework, made up of professionals and experts in the region working towards a reduction of family violence in southern Queensland.

2.    Council endorse a Councilor to be part of the Community Advisory Committee

3.    Renewing and improving the services marketing material and accessibility to the broader community

4.    Reflecting the core business of the organisation with a proposed name change to “Southern Queensland Indigenous Family Violence Legal Service” in alignment with other FVPLS services nationally.

5.    The program be identified as an individual business unit of Council to reflect the geographical area of service delivery that the program provides. Upon endorsement and with Council’s approval, the Coordinator would facilitate the implementation of new graphics and images, brochure materials and uniforms to represent the Program accordingly and incorporate this imagery into Council’s Corporate Style Guide.

 

 

Body of Report:

 

Maranoa Regional Council manage Maruma – Li Mari,(MLM) with a current annual budget of $598,938 GST inclusive. The program provides legal advice and case work assistance in matters of domestic and family violence and sexual assault  to the Indigenous communities of Charleville, Cherbourg, Mitchell, Murgon, Roma, St George, Cunnamulla, Quilpie and Goondiwindi and any Indigenous victim of violence in the Maranoa Regional Council boundary.

 

In August of 2012 the Director and Deputy Director of the Attorney Generals Department completed a site visit to review the performance of the service and the strategic direction for the continued service provision of a Family Violence Legal Prevention Unit. The outcome of this visit was that the identified improvements that Council Officers had acknowledged prior to their visit were the same areas that the Attorney Generals Department (AGD) had identified for discussion at the time of the visit. These main areas included:

 

-     Data Collection

-     Service Delivery in outreach areas

-     Legal compliance including management of legal advices and legal cases

-     Accessibility of the program to victims of domestic violence and sexual assault.

 

The MLM program experienced significant staffing changes in 2011/12 including the Coordinator, Solicitor, Administration Officer and Community Support Officers.  The impact of these changes was evident in the performance of the unit at this period. These issues were identified with the new Coordinator who arrived in late 2012, a Working Action Plan was developed and implemented and the program outputs and key performance indicators have improved as evidenced in the CLSIS (electronic data entry AGD compliance tool) in relation to the number of clients receiving services.

 

In order to continue to develop and improve the service delivery model some key strategic areas have been identified and require endorsement by Council to further improve the outcomes and performance indicators of this program. These include:

 

1.  Developing a Community Advisory Committee that corresponds with the AGD operational framework, made up of professionals and experts in the region working towards a reduction of family violence in southern Queensland.

Rationale:

MLMFVPLS has in the past had an active and functioning reference committee. The nature of staff turnover in MLMFVPLS and more broadly in agencies that work in collaboration to address domestic and family violence within the South West region has created some confusion within the broader community about what services and advice is available through MLMFVPLS. Re-establishing a committee will provide clarity to the community regarding MLMFVPLS’ guidelines and will create a community driven response to addressing domestic and family violence. A Community Advisory Committee will also allow the service to have an active participant in each community who is acutely aware of the individual dynamics of each serviced area and provide a direct referral and information pathway to the service.

 

2.  Renewing and improving the services marketing material and accessibility to the broader community

Rationale:

MLMFVPLS has for the past 12 years relied on similar marketing and advertising brochures and information sheets. Increasing our presence in the community and initiating contemporary and effective community legal education requires the immediate addressing of our information, advertising strategy and resources. Maranoa Regional Council have internal staff capable of assisting MLMFVPLS with a comprehensive plan to address our marketing requirements.

 

3.  Reflecting the core business of the organisation with a proposed name change to “Southern Queensland Indigenous Family Violence Legal Service” in alignment with other FVPLS services nationally.

 

Rationale:

Maruma- Li Mari means to ‘heal aboriginal people’ in the Kamilaroi people’s language. Whilst this name in the past was identifiable in certain communities that the program provides service to, overall it does not explain the core business of the program.

 

The proposed name change in consultation with the recommended Community Advisory Committee meeting on the 7th March 2013 is the “Southern Queensland Indigenous Family Violence Legal Service” (SQIFVLS). This would complement the existing name of the Queensland Indigenous Family Violence Legal Service, otherwise known as (QIFVLS).

 

If endorsed by both Council and the Community Advisory Committee, the staff of the existing MLMFVPLS would review all documentation including brochure materials and reflect the new name of the program.

 

4.  The program be identified as an individual business unit of Council to reflect the area of service delivery that the program provides. The Coordinator would facilitate the implementation of new graphics and images, brochure materials and uniforms to represent the Program accordingly.

 

Rationale:

The strategic recommendations of the program including the name change and new brochure material support the request for the program to be identified as a separate business unit within Council and the graphics and imagery once developed would be presented to Council for adoption within the exiting style guide.

 

 

 

 

Consultation (internal/external):

Donald Wells, Manager – Human Resources

Tony Klein, Director – Community and Commercial Services

Nicholas Cedric-Thompson, Coordinator – Family Violence Legal Prevention Service

Terena Cosh , Director Attorney Generals Department

Sheree Tronc, Nominated Attorney General Official

 

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

Community acceptance of a name change for the program

 

Policy Implications:

Maranoa Regional Council Community Engagement Framework Draft

Financial Resource Implications:

The Attorney Generals Department has approved a business case to financially support the requested recommendations as outlined in this Officers Report.

Brochure Materials including artist, printing etc $6000

Community Advisory Committee, including travel, accommodation and police checks, $10,000

 

Link to Corporate Plan:

Corporate Plan 2009-2013 8.4.10(a) To administer the Maruma-Li Mari indigenous legal and family support program in accordance with defined services agreements and within financial limitations as per funding received and the level of community service obligation as determined by C䡰놃낖ᨍ낈杳雼㳯Ꚁ

Supporting Documentation:

Nil.

Report authorised by:

Tony Klein, Director - Community & Commercial Services   


Maranoa Regional Council

    

General Meeting -  27 February 2013

Officer Report

Meeting: General  27 February 2013

Date: 30 January 2013

Item Number: 13.1

File Number: D13/3835

 

Subject Heading:                     Naming of Unnamed Road

Classification:                                  Open Access  

Name of Applicant:                        

Location:                                           Yuleba & Mitchell

Author & Officer’s Title:                 Kim Edwards, GIS/CAD Officer

 

Executive Summary: 

Names are sought for existing unnamed streets in Yuleba & Mitchell to clarify addressing and assist in emergency situations.

 

 

Officer’s Recommendation: 

That Council name the roads identified in the attached maps “Oxley Street” and “Bristol Street”.

 

 

Body of Report:

Council has received a request from Sherlyn Hathaway to name a currently unnamed street in Yuleba. A street in Mitchell has also been identified as currently being unnamed. Both of these streets are identified in the attached maps.

 

Street names have been recommended for these two streets based on the existing convention for street naming in the respective towns and in accordance with Council’s Road Naming Policy.

 

The proposed name for the unnamed street in Yuleba is “Oxley Street”. This name has been suggested to maintain consistency with surrounding streets in the town, which have been named after Australian explorers.

 

The proposed name for the unnamed street in Mitchell is “Bristol Street”. This name has been suggested to maintain consistency with the convention of naming streets running East/West in Mitchell after British cities.

Consultation (internal/external):

Kim Edwards – GIS Officer

Kym Downey – Manager Asset & Design Services

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

Nil

Policy Implications:

Nil

Financial Resource Implications:

Road name signs will need to be installed.

 

Link to Corporate Plan:

Corporate Plan 2009-2013 8.5.1(a) To provide professional and technical engineering advice and support for Council in an effective and timely
manner.

Supporting Documentation:

1View

Mapping of Proposed Street Names Bristol St Mitchell & Oxley St Yuleba

D13/4715

2View

Mapping of Proposed Street Naming Bristol St Mitchell & Oxley St Yuleba

D13/4718

 

Report authorised by:

Kym Downey, (Acting) Manager Asset & Design Services


Attachment 1

Mapping of Proposed Street Names Bristol St Mitchell & Oxley St Yuleba

 


Attachment 2

Mapping of Proposed Street Naming Bristol St Mitchell & Oxley St Yuleba

 


Maranoa Regional Council

    

General Meeting -  27 February 2013

Officer Report

Meeting: General  27 February 2013

Date: 11 January 2013

Item Number: 13.2

File Number: D13/1370

 

Subject Heading:                     Roadworks Capital Programme 2012/2013

Classification:                                  Open Access  

Name of Applicant:                        

Location:                                          

Author & Officer’s Title:                 Kym Downey, (Acting) Manager Asset & Design Services

 

Executive Summary: 

The purpose of this report is to present to Council, the proposed Roadworks Capital Programme 2012/2013.

 

 

Officer’s Recommendation: 

Council adopt the Roadworks Capital Programme 2012/2013 as documented on the attachment to this report.

 

 

Body of Report:

The funding sources for the program are Council, State and Federal Grant funding.

 

The grant funding is provided through the Transport Infrastructure Delivery Scheme (T.I.D.S) and Roads to Recovery (R2R) Program.

 

T.I.D.S funding is approved through the Regional Roads Group (RRG) with $1,147,973 allocated for 2012/2013. At least a matching 50% funding has to be sourced by Council.  In this instance, where the work type is eligible for R2R funding, Council will use R2R funds as the basis of its 50% contribution.

 

The RRG for South West Queensland consists of the following Local Authorities in addition to Department of Transport and Main Roads (DTMR) representatives.

 

Maranoa Regional Council                                      Bulloo Shire Council

Quilpie Shire Council                                                Balonne Shire Council

Murweh Shire Council                                              Paroo Shire Council

 

The RRG have a prioritisation model for which candidate schemes, nominated collectively by the six local authorities, are eligible for T.I.D.S funding in the particular financial year in question.  Netrisk assessments, undertaken by ARRB, to identify safety hazards on the LRRS network for each Local Government is also considered when prioritising candidate schemes for the program. From the assessments, a report is provided to Local Governments that scores the roads based on safety risk to road users.

 

The R2R funding is provided to enable Local Governments to undertake additional road work to what they could using their own funds.  Council is required to spend its own source funds (does not include any State or Commonwealth funds) equal to or greater than the reference amount applicable to the Local Government.

 

Council has programmed $3,290,978 for R2R in 2012/2013 with $1,176,706 of these funds used to match at least 50% of TIDS funding.  The remaining funding of

$2, 114,272 has been allocated to high priority reseal and rehabilitation works.

Consultation (internal/external):

Peter Weallans – Manager Infrastructure Contracts & Engineering Services

Julian McEwan – Manager Roads & Drainage North and Regional Parks & Gardens (Acting)

John Gwydir – Manager Roads & Drainage South and Regional Plant & Workshops

Paddy Kerr – Technical Officer

 

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

Nil

Policy Implications:

Nil

Financial Resource Implications:

Program Funding is in line with the proposed Infrastructure revised budget submitted for review at the Financial Planning Workshop on Tuesday 26 February 2013.

 

 

Link to Corporate Plan:

Corporate Plan 2009-2013 8.5.3(d) To undertake all capital road works programs in an efficient and effective manner to an appropriate standard and in accordance with council policy.

Supporting Documentation:

1View

Capital Works Program 2012_2013 attachment D13_1370

D13/7214

 

Report authorised by:

Michael Parker, Director - Infrastructure Services (Acting)  


Attachment 1

Capital Works Program 2012_2013 attachment D13_1370

 


Maranoa Regional Council

    

General Meeting -  27 February 2013

Officer Report

Meeting: General  27 February 2013

Date: 21 February 2013

Item Number: 13.3

File Number: D13/7193

 

Subject Heading:                     Northern Road and Euthulla Road Intersection Issue

Classification:                                  Open Access  

Name of Applicant:                         Dick and Anne Thomas, and various concerned residents listed on applicant's letter to Council

Location:                                          

Author & Officer’s Title:                 Julian McEwan, Manager - Flood Recovery

 

Executive Summary: 

An existing road intersection issue occurs on Northern Road and Euthulla Road.

 

The issue is occurring as vehicles are turning left into Euthulla Road at the Northern Road intersection which is situated in a 100km/hr zone. Residents have indicated that following traffic have been crossing the continuous white line to continue north. The complaint states that this occurs as vehicles are not provided with adequate time to decelerate to allow for turning vehicles to complete their manoeuvre. This has raised concerns from locals (petition attached to initial complaint) that a serious accident could occur.

 

Officer’s Recommendation: 

 

That:

 

1.         Council advise applicant that Main Roads are responsible for the                     intersection. Any complaints on State controlled roads should be sent directly      to DTMR. In the event that complaints are accidentally sent to MRC the           complaint should be forwarded to the correct officer at DTMR. Likewise,        DTMR forward any complaints they receive on Council controlled roads to                  MRC.

 

2.         Council can decide that this intersection between the Canarvon Hwy and        Euthulla Road is a priority, as there are numerous intersections with state   controlled roads that are below standard. “This may be a funding issue for   Main Roads”. Therefore, Council would have to compile evidence and a             business case which could be put forward to Main Roads. Main Roads would            then have to seek funding for construction of any upgrade. This is at the        discretion of Main Roads.

 

 

3.         Also that Council recommend that Cr Schefe be nominated as a Council        delegate to hold additional discussions with Main Roads in conjunction with        the Engineering staff, for feedback to the full Council.

 

 

Body of Report:

The report can be broken down into three main sections, the current situation and two possible solutions to that complaint

 

Intersection Upgrade

 

According to Main Roads standards all new intersections must have as a minimum a Basic Right Turn Treatment (BAR), which consists of a widened shoulder to allow vehicles to pass around a stationary vehicle wanting to turn right and a Basic Left Turn Treatment (BAL), which consists of a widened shoulder and taper. As mentioned in the recommendation, there are numerous intersections that are not to this standard and this is simply because Main roads do not have the funding.

There are a variety of factors to consider when designing an intersection; the number of vehicles turning, the type of vehicles turning, safety and cost. In addition there are specific considerations at this site. The intersection is off-set, preferably this would be realigned if upgraded. There is poor horizontal alignment north of the intersection. Site restrictions with electricity poles, underground services and the constraints of the road reserve, so the proposal may include property resumption. Also there is a school bus stop very close to where the taper would have to begin. In conclusion, this upgrade would not simply involve widening the shoulders.

 

Speed Limits

 

An alternative action would be to consider decreasing the speed limit through the intersection, which is currently 100kph. This would reduce the length of taper required by the TMR standards and would also reduce the risk of an accident, which was identified in Ollie Dowd’s Safety Report. However, Main Roads advised that changes in speed limits are usually based on crash history. Considering that there has not been a crash, it is doubtful that a decision to change the speed limit at that intersection would be fruitful.

 

 

Approach to Intersection from Highway towards Roma Town

 

 

Intersection facing Euthulla Road

 

 

 

 

 

 

 

 

 

 

Intersection towards Injune

 

 

Intersection towards Roma

 

 

Intersection towards Knayers Lane

 

Safety Inspection: Ollie Dowd, Coordinator – Workplace Health & Safety

On Monday 4th February at approximately 4.30pm Ciaran Lawler and myself inspected the site. We found that at the intersection on the Warrego highway heading north with Knayers lane Roma had ample visibility both approaching from the north as well as the south. This visibility could be improved with further reduction of vegetation.

While assessing the carriage way for turning viability it was found that while a slip lane was not constructed there is a turn out space on the left hand side heading north.

With the ample visibility and wide intersection it is believed to be a no higher risk intersection than other similar intersections along the Carnarvon Highway.

While the intersection is believed to be of an adequate nature the area it is located is in a corridor of urban expansion with many occupied Farmlets fronting the highway.

It is the recommendation of this assessment to refer this area of the Carnarvon Highway to the Department of Main Roads for consideration of lowering the sign posted speed from 100kph to 60kph.

 

 

 

 

MUTCD Part 4 Evidence (see attached photocopies)

Pg 15. Table 3.3 Hierarchy of Typical Speed Limits for Rural Residential Areas

Road Classification – Collector Road

Average Accesses per 100m1 – 1 to 2

Speed Limit – 70km/h

As Northern Road can be considered a collector road at the Northern Road and Euthulla Road intersection and the number of accesses at this intersection is 2, the speed limit according to Table 3.3 pg 15 of the MUTCD Part 4 should be 70km/h.

It has also been noted that this intersection is within a close proximity to the Roma Airport Access which is considered a built up area. This should then reduce the speed limit at the intersection to 60km/h.

 

Department of Main Roads – Road Planning and Design Manual Chapter 13 – Intersections at Grade.

From the Maranoa Regional Council MetroCount Traffic Executive Vehicle Counts, the following data has been collected;

Site: Euthulla Road July 2011

Survey Duration: Wednesday 6 July 2011 – Tuesday 4 October 2011

AM Peak: (36veh/h) PM Peak: (53 veh/h)

From above data, average max peak traffic: 46veh/h

From Transport and Main Roads AADT Segment Report, the following data has been collected;

Road Section 24D: Carnarvon Highway

Traffic Year: 2011

AADT: 2,689

From above data, veh/h: 112

 

Using the traffic count data from Euthulla Road (Turn Volume) and Northern Road (Major Road Traffic Volume), a selection of turn treatment can be made. This graph relates to a design speed greater than or equal to 100km/h and is particularly appropriate for high speed rural roads. The major road turn treatment appropriate for the Northern Road and Euthulla Road intersection would be BAR/BAL (Basic Right Turn treatment and Basic Left Turn Treatment). This would allow for turning of traffic into both Euthulla Road and Knayers Road from the Carnarvon Highway (see below diagram of ideal intersection drawings).

 

 

Consultation (internal/external):

Ollie Dowd, Coordinator – Coordinator Workplace Health & Safety, MRC.

Bruce Steel - Manager (Road System & Corridor)  Downs South West Region / Roma Office, Program Delivery & Operations, Department of Transport and Main Roads.

Ciaran Lawler – Engineer, MRC.

Camryn Stevens – Student Engineer, MRC.

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

Nil

Policy Implications:

Nil

 

Financial Resource Implications:

It is intended that the construction costs should be  the responsibility of Main Roads including maintenance of the turning lanes.

 

Link to Corporate Plan:

Corporate Plan 2009-2013 8.5.3(a) To undertake any road works maintenance requirements in a planned, responsive and efficient manner for the benefit of all road users.

Supporting Documentation:

1View

MUTCD Part 4 Supporting Evidence Euthulla Rd

D13/7263

2View

Chapter 13 Intersections at Grade DMR Road Planning and Design Manual - Euthulla

D13/7264

3View

Health and Safety Audit Report - Ollie Dowd Euthulla Rd

D13/7261

 

Report authorised by:

Michael Parker, Director - Infrastructure Services (Acting)  


Attachment 1

MUTCD Part 4 Supporting Evidence Euthulla Rd

 


Attachment 2

Chapter 13 Intersections at Grade DMR Road Planning and Design Manual - Euthulla

 



Attachment 3

Health and Safety Audit Report - Ollie Dowd Euthulla Rd

 

 


Maranoa Regional Council

    

General Meeting -  27 February 2013

Officer Report

Meeting: General  27 February 2013

Date: 14 February 2013

Item Number: 14.1

File Number: D13/6344

 

Subject Heading:                     Material Change of Use – “Industry” (High Impact Industry) and Caretaker’s Residence and ERA 8(3a) Chemical Storage, ERA 53 – Composting and Soil Conditioner Manufacturing, ERA 56(2) – Regulated Waste Storage, ERA 57(2)(a) – Regulated Waste Transport, ERA 58 – Regulated Waste Treatment, ERA 63(2)(b)(i) – Sewage Treatment (File Ref: 2012/18302)

Classification:                                  Open Access  

Name of Applicant:                         WestRex Services C/- RPS Australia East Pty Ltd

Location:                                           Warrego Highway, Jackson QLD 4426 (Lot 28 on BWR122 and Lot 26 on BWR145)

Author & Officer’s Title:                 Danielle Pearn, Coordinator - Planning

 

Executive Summary:  The application seeks a Development Permit for a Material Change of Use – “Industry” (High Impact Industry) and Caretaker’s Residence and ERA 8(3a) Chemical Storage, ERA 53 – Composting and Soil Conditioner Manufacturing, ERA 56(2) – Regulated Waste Storage, ERA 57(2)(a) – Regulated Waste Transport, ERA 58 – Regulated Waste Treatment, ERA 63(2)(b)(i) – Sewage Treatment on land at Warrego Highway, Jackson QLD 4426 and described as Lot 26 on BWR145 and Lot 28 on BWR122.

 

The proposed development is consistent with the Bendemere Shire Planning Scheme 2006 including the DEOs, Rural Zone Code and Reconfiguring a Lot Code.

 

 

Officer’s Recommendation:  Council approve the application for a Material Change of Use – “Industry” (High Impact Industry) and Caretaker’s Residence and ERA 8(3a) Chemical Storage, ERA 53 – Composting and Soil Conditioner Manufacturing, ERA 56(2) – Regulated Waste Storage,  (2)(a) – Regulated Waste Transport, ERA 58 – Regulated Waste Treatment, ERA 63(2)(b)(i) – Sewage Treatment at Warrego Highway, Jackson QLD 4426 and described as Lot 26 on BWR145 and Lot 28 on BWR122, subject to the following conditions:

 

Preamble

 

1. Refer to http://www.cmdg.com.au for the Capricorn Municipal Development Guidelines (CMDG).

 

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 – “Industry” (High Impact Industry) and Caretaker’s Residence and ERA 8(3a) Chemical Storage, ERA 53 – Composting and Soil Conditioner Manufacturing, ERA 56(2) – Regulated Waste Storage, ERA 57(2)(a) – Regulated Waste Transport, ERA 58 – Regulated Waste Treatment, ERA 63(2)(b)(i) – Sewage Treatment in accordance with the approved plans:

 

Plan/Document number

Plan/Document name

Date

Fig. 4

Supporting Information For Integrated Waste Facility  Property Aerial Image

 

Fig. 19

Supporting Information For Integrated Waste Facility Sensitive Receptor Locations

 

B0129-20-01, Rev C

Site Layout Plan

27.08.12

B0129-20-02, Rev A

Waste Facility Site

28.08.12

B0129-40-01, Rev A

Compost Windrows Layout & Details

27.08.12

B0129-50-02, Rev A

Office and Amenities Building Floor Plan & Elevations

28.08.12

B0129-50-01, Rev A

Building 24.0m x 20.0m Floor Plan & Elevations

27.08.12

B0129-45-01

Brine Dam Typical Section Details

30.08.12

DOC01

Site Based Management Plan

2012

7910, Rev 4

Stormwater Management Plan

28 August 2012

12BRT0233-01, Rev A

Warrego Highway Access Driveway & Turn Treatment Layout

13-07-12

CMDG D5

Capricorn Municipal Development Guidelines – Stormwater Drainage Design D5 Design Guidelines

03/2012

 

Latest versions

 

4.         Where another condition refers to a specific published standard, manual or guideline, including specifications, drawings, provisions and criteria within those documents, that condition shall be deemed as referring to the latest versions of those publications that are publicly available at the time the first operational works or compliance approval is lodged with the assessment manager or approval agency for those types of works to be performed or approved, unless a regulation or law requires otherwise.

 

Operation of Approved Use

 

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

 

6.         All approved uses must be carried out in accordance with the requirements of the approved Site Based Management Plan.

 

Stormwater and Drainage

 

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

 

8.         The stormwater drainage system must be in accordance with Queensland Urban Drainage Manual (Volume 1 Text, Volume 2 Design Charts) and CMDG D5 Design Guidelines.

 

9.         Post-development stormwater runoff flows from the development site are not to exceed pre-development stormwater runoff flows from the development site.

 

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

 

11.       Stormwater run-off from surface areas shall be collected internally in accordance with the approved Stormwater Management Plan, prepared by FSA Consulting, dated 28 August 2012, to ensure that stormwater causes no potential release of contaminants on to the surrounding land.

 

12.       Stormwater control measures during the construction and operation phases are to be implemented in accordance with the approved Stormwater Management Plan, prepared by FSA Consulting, dated 28 August 2012.

 

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

 

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

 

Erosion Control

 

15.       If there is a possibility of erosion or silt or other materials being washed off the property during the development process, the developer must document and implement an Erosion Management Plan in accordance with Schedule 7: ‘Standards for Construction Activity’ of the ‘Bendemere Shire Council Planning Scheme’.

 

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

 

Services Provisions

 

17.       The developer is required to source and secure a suitable potable water supply to service the development. All costs associated with this works are to be met by the developer.

 

18.       A 45,000L water tanker/trailer or tank with fire fighting capability must be available on site for the duration of the operation of the use. This water supply is to be separate from the potable water supply to the site.

 

19.       On site effluent treatment and disposal systems shall be treated on site as a part of Waste Water Treatment Process in accordance with On-Site Sewerage Code DNRM, AS 1547 – 2000 and On-Site Sewerage Facilities Guidelines for Effluent Quality DNRM.

 

20.       The developer is required to provide an electricity supply to the development, at not cost to Council. If the developer is connecting to an existing electrical service supply, then such works shall be undertaken in accordance with the relevant service provider’s requirements and specifications.

 

21.       If the developer is connecting to an existing telecommunication service supply, then such works shall be undertaken in accordance with the relevant service provider’s requirements and specifications.

 

Rubbish Collection

 

22.       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

 

23.       The intersection of the site access with the Warrego Highway is to be designed and constructed in accordance with the approved plan number 12BRT0233-01, Rev A, ‘Warrego Highway Access Driveway & Turn Treatment Layout’, dated 13-07-12, prepared by TTM Consulting.

 

24.       Vehicle manoeuvring areas must be provided on-site for an Articulated Vehicle so that all vehicles can enter and leave the site in a forward direction, and all manoeuvring is contained entirely within the site.

 

25.       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.

 

26.       All vehicular movements on development shall be clear of parking areas, buildings and landscape treatments. No parking area shall be allowed to encroach into swept paths of vehicular movements.

 

27.       All internal roads must be regularly watered to ensure that no dust nuisance occurs beyond site boundaries.

 

28.       All landscaping, vehicular access 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) the CMDG (vii) 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.

 

29.       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.

 

Excavation and Filling

 

30.       The development site is subjected to Filling and Excavation Code contained in Part 5 of ‘Bendemere Shire Council Planning Scheme’.  A detailed earthworks plan must be provided as a part of subsequent Operational Works application.

 

31.       Bulk earthworks to occur on development site shall be accordance with AS 3798:2007 for Industrial developments.

 

32.       All re-shaped disturbed land must be similar in form to surrounding undisturbed land.

 

33.       All backfilled excavations must be overfilled to allow for settlement.

 

Avoiding Nuisance

 

34.       No nuisance shall be caused to adjoining properties and occupiers by the way of smoke, dust, rubbish, contaminant, stormwater discharge or siltation at any time including non-working hours.

 

35.       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.

 

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

 

37.       During the establishment of the approved development, no nuisance is to be caused to adjoining properties and occupiers by the way of smoke, dust, rubbish, contaminant, stormwater discharge or siltation at any time, including non-working hours.

 

38.       Unsealed service roads are to be watered upon receipt of a complaint regarding dust nuisance caused by vehicle movements to and from the site, as determined by and to the satisfaction of Council.

 

Signage and Linemarking

 

39.       Signage and linemarking is to be in accordance with MUTCD requirements and AS/NZS 2890.2: 2004 – Parking Facilities Part 1: Off – Street Car Parking and AS/NZS 2890.2: 2004 – Parking Facilities Part 2: Off Street Commercial Vehicle Facilities.

 

40.       Any line markings and pavement markings shall be marked on pavement (where applicable) and clearly delineate directions of movement to occur on site.

 

No Cost to Council

 

41.       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.

 

42.       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.

 

43.       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.

 

Body of Report:

Refer to Attachment 1.

Consultation (internal/external):

-     Ken Ryan and Associates Pty Ltd and Lou Scarpato Futureproof Strategies as part of the LOCAL GOVERNMENT PLANNING ALLIANCE (Consultant Planner)

-     MRC Engineering Services (Internal)

-     Department of Transport and Main Roads (Concurrence Agency)

-     Department of Natural Resources and Mines (Concurrence Agency)

-     Department of Environment and Heritage Protection (Concurrence Agency)

-     Ergon Energy (Third Party Advice)

-     Public Notification has been undertaken in accordance with the requirements of SPA.

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 Bendemere Shire Planning Scheme.

Financial Resource Implications:

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

 

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

D13/6594

2View

Development Plans

D13/6678

3View

Department of Transport and Main Roads - Concurrence Agency Response

D13/3051

4View

Department of Natural Resources and Mines - Concurrence Agency Response and Permit

D13/2761

5View

Department of Environment and Heritage Protection - Concurrence Agency Response

D13/6646

6View

Department of Environment and Heritage Protection - Concurrence Agency Permit

D13/6647

 

Report authorised by:

Robert Hayward, Director- Development & Environment Services


Attachment 1

Body of Report

 

1.0       Background information

 

The proposed development is for a waste treatment and resource recovery facility and caretaker’s residence.

 

The waste treatment facility will be located on Lot 26 on BWR145 and will treat low-risk waste streams and produce compost materials that can then be used in site and soil rehabilitation.

 

Hazardous and noxious waste materials will not be processed on-site. These materials will be stored and, wherever possible, stabilised prior to transportation to an appropriate treatment or disposal facility.

 

The development will involve two components, being treatment of waste materials and transportation of treated by-products.

 

The integrated treatment process will involve six process types, being:

1.   Waste water treatment

2.   Compost

3.   Brine consolidation

4.   Bulk liquid consolidation

5.   Packaged waste consolidation

6.   Fixation

 

The development will also involve several other structures or improvements necessary to the operation of the facility. These include:

 

·     Site office and amenities

·     Three industrial sheds

·     Diesel fuel storage (95kL capacity) and bowser to supply processing machinery

·     Flammable Goods Storage

·     Utilities including potable water supply and electricity generator

·     Composting facilities, including compost windrows, batching pad and compost catch dams

·     A sewage treatment plant

·     Two treated water holding dams and irrigation areas

·     Three brine storage dams; and

·     A stormwater catchment dam

 

A total of 10 car parking spaces will be provided on-site for staff, in addition to manoeuvring areas for vehicles up to B-Doubles.

 

Access to the site will be obtained from the Warrego Highway.

 

The development will be located towards the centre of the site, approximately 600 metres from the Warrego Highway

 

The proposed caretaker’s residence will be located within an existing dwelling on Lot 28 on BWR122. The caretaker’s residence will be located a minimum distance of 1.5 kilometres from the treatment facility. No building work is proposed to the existing dwelling.

 

 

 


 

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

 

The proposed use is defined as "High Impact Industry” and “Caretaker’s Residence” in the Bendemere Shire Planning Scheme 2006 which is described as follows:

 

“High Impact Industry” means any activity which is classified by the Environmental Protection Act 1994 as a level 1 environmentally relevant activity that has not been devolved to local government, or any activity which is not classified as level 1 environmentally relevant activity but which:

 

i.    are likely to result in material environmental harm (as defined in the Environmental Protection Act 1994), due to the materials or processes involved or the products or wastes produced;

ii.    are likely to generate noise greater than Labg.T +5db(A) at any boundary of the site; or

iii.   require a licence under the Building (Flammable and Combustible Liquids) Regulation and are within 200 metres of land zoned Urban or Rural Residential.

 

The term includes activities commonly referred to as noxious, hazardous, or offensive industries and salvage yards.

 

“Caretaker’s Residence” means a dwelling unit used or intended for use by the proprietor, manager or caretaker of premises used or intended for use for business, commercial, industrial, sporting, recreation, or accommodation purposes on the same site. The term includes the use of the caretaker’s premises by the family of the proprietor, manager or caretaker.

 

The site is situated at Warrego Highway, Jackson QLD 4426 and described as Lot 26 on BWR145 and Lot 28 on BWR122 (refer Figure 1 - Locality Plan).

Figure 1 - Locality Plan                                                                                                      Source: Whereis (2012)

 


 

The site is situated in the Rural Zone of the Bendemere Shire Planning Scheme 2006 (refer Figure 2 - Zoning).

Figure 2 - Zoning                                                                 Source: Roma Town Planning Scheme 2006

 

The site is currently vacant and had previously been used for cattle grazing. A House is also situated at the south-western corner of Lot 28 on BWR122.  The site is adjoined to the east and west by rural grazing land. 

 

Immediately to the north of the site is an unconstructed road reserve. Further to the north of the site is rural grazing land. The Warrego Highway borders the site to the south, which then adjoins the Western Systems rail network.

 

Figure 3 - Aerial Photograph                                                                                                            Source: Nearmap 2012

 

 

 

 

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

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

b)   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 in conflict with planning scheme

Although the planning scheme requires that the proposed development is assessed against the Impact Assessable provisions of the planning scheme, it is considered that the development proposed does not conflict with the intent of the planning scheme for the zone in which it is to be located.

 

Desired Environmental Outcomes

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

 

(a)  Environment

 

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

 

The proposed waste treatment facility is not located within the Protected Areas Overlay of the Bendemere Shire Planning Scheme. The application was referred to the Department of Natural Resources and Mines (DNRM) for clearing of remnant vegetation, with conditions for clearing attached in Attachment 4.

 

(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.   

 

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

 

The proposed development will be required to comply with the Environmental Protection Regulations for water and air quality. The proposed development will allow for recycling of water and increase the volume of waste able to be reused (e.g. fertiliser).   The facility will also reduce the volume of waste material directed to landfill. It is therefore considered that the proposed development, will contribute to achieving ecological sustainability.

 

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

 

The subject site is not identified as being in proximity to, or 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 site is identified as Good Quality Agricultural Land, however the proposed development will provide a necessary service to the region to assist with processing increasing peak waste streams.

 

Ownership of properties in the immediate area is fragmented, with separate rural grazing uses operating to the east and west of the site. The development is sufficiently buffered from adjoining sites so as not to prejudice existing rural grazing uses to the east and west, or future agricultural activities in the area.  

 

The proposed development will be self-sufficient with respect to infrastructure and will be contained entirely within the identified development site. In this respect, it will not result in any further fragmentation of GQAL. It is also considered that the self-contained and unique nature of the proposed use will not attract further non-rural uses to the area due to a lack of services and supporting infrastructure.

 

(ii)  Key Resource Areas, extractive resources, petroleum, gas and mineral resources are protected as a major economic resource for the region.

 

The site is not identified as being within a Key Resource Area and will not adversely impact on the operation of extractive industries in the region.

 

(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 waste treatment and resource recovery facility will provide additional employment opportunities for the region during the construction and operational phases.

 

(iv) Rural business opportunities are improved to protect and value-add to the existing rural based economy.

 

The proposed development will not adversely impact on existing rural businesses.

 

(c)  Community Well-Being & Lifestyle

(i)   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 will gain access to the existing road network via the Warrego Highway to the south. 

 

The proposed development will reduce the load on existing sewage treatment plants in the region.

 

The development will not burden the Council infrastructure network, with all services to be provided on-site.

 

(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 industrial use and will not adversely impact on the role or identity of the Yuleba and Wallumbilla townships as the main centres for residential or business uses within the shire.

 

(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 will not encroach on established infrastructure networks.   DTMR are a Concurrence Agency for the proposed development and have imposed conditions to address the impact of the development on road corridors (refer Attachment 3).

 

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

 

The proposed development has been located to ensure that no part of it is situated within the medium bushfire hazard area mapped on the site. The development will incorporate a clear buffer area of approximately 10 metres to the vegetation area to the south-west. It is therefore considered that the proposed development will not be affected by natural or other hazards.

 

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

 

The proposal is for an industrial use and will not affect the range of housing types in the town.

 

 

Overall Outcomes for Rural Zone Code

The Rural Zone Code identifies overall outcomes providing direction about relevant assessment issues. 

1)   The overall outcomes are the purpose of the Rural Zone Code:

2)   The code seeks to ensure that development within the Rural Zone:

 

(a)   reflects the economic potential of the rural area;

 

The proposed development will contribute to enhancing the economic potential of the rural area by treating and re-using waste streams that would otherwise be directed to landfill. Some of the by-products of the treatment process will be used for irrigating and fertilising crops.

 

(b)  is appropriately located within the Rural Zone and existing and future Rural Activities are not prejudiced by inappropriate development;

 

The location of the proposed development in the Rural Zone is considered appropriate due to the area and separation distances required to operate the facility, and lack of suitable and available large remote sites in the Industry Zone.

 

The site is sufficiently buffered from adjoining properties so as not to prejudice future Rural Uses, provided that the use is operated in accordance with the conditions of development.

 

(c)   maintains the environment, including soil, air and water, compatible with healthy natural systems and ensures public health and safety;

 

The proposed development will contribute to improving soil and water quality by reducing waste streams that would otherwise be directed to landfill.

 

The development will be required to comply with the Environmental Protection Regulation with respect to noise, air quality and odour emissions.     

 

(d)   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 site is identified as Good Quality Agricultural Land, however the proposed development will provide a necessary service to the region to assist with processing increasing peak waste streams.

 

Ownership of properties in the immediate area is fragmented, with separate rural grazing uses operating to the east and west of the site. The development is sufficiently buffered from adjoining sites so as not to prejudice existing rural grazing uses to the east and west, or future agricultural activities in the area.  

 

The proposed development will be self-sufficient with respect to infrastructure and will be contained entirely within the identified development site. In this respect, it will not result in any further fragmentation of GQAL. It is also considered that the self-contained and unique nature of the proposed use will not attract further non-rural uses to the area due to a lack of services and supporting infrastructure.

 

(e)   is located, designed and operated in a manner that protects and enhances the predominant rural scale, intensity, form and character;

(f)    maintains the rural amenity;

(g)   does not prejudice or impact adversely on other uses including those within other Zones;

 

The proposed development is approximately 2.2 kilometres from the nearest external sensitive receiving environment. The proposed use is not a major traffic generator and no structures on-site will be visible from the Warrego Highway. It is therefore considered that the development will not adversely impact on rural amenity.

 

The proposed development will be sufficiently buffered from adjoining properties so as not to prejudice existing or future rural grazing activities in the area.

 

It is therefore considered that subject to the recommended conditions of approval, the proposed development will not prejudice or adversely impact on other uses, including established uses within other Zones.

 

(h)   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 crossover from the site to the Warrego Highway will be upgraded to meet the design requirements of the development.

 

(i)    protects areas and sites of conservation importance, including cultural and high landscape values;

 

The site is not identified as being of conservation significance.

 

(j)    is undertaken in an orderly and logical sequence to achieve an efficient provision of infrastructure;

 

The subject site is not connected to infrastructure.  An on-site sewerage treatment system, water tank and generator will be required to service all proposed uses at the site as a condition of development.

 

(k)   is located and designed in ways that minimize the need for flood, bushfire and landslide mitigation and to protect people and premises from such natural events;

 

The proposed development has been located to ensure that no part of it is situated within the medium bushfire hazard area mapped on the site. The development will incorporate a clear buffer area of approximately 10 metres to the vegetation area to the south-west. It is therefore considered that the proposed development will not be affected by natural or other hazards.

 

The site is not subject to flooding or landslip hazard.

 

(l)    has water supply, storm water disposal, sustainable effluent and waste disposal and power to appropriate standards adequate for the use; and

 

The development will be required to provide sufficient infrastructure on-site, as conditions of development.

 

(m) does not impact adversely on infrastructure.

 

The subject site is not connected to infrastructure and is not a major traffic generator.

 

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

 

Rural Zone Code

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

 

Relevant performance criteria -  the Rural Zone Code

Assessment responses

For all of the Rural Area

1. Infrastructure

PC1 Electricity

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

The site will be powered by either connection to the existing overhead transmission line network, or through a combination of on-site generator and solar power.

 

PC2 Water Supply

Premises are provided with an adequate volume and supply of water for the activity.

The proposed development will be provided with on-site water storage to meet the operational requirements of the use as a condition of development.

 

PC3 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 be provided with an on-site sewerage treatment and disposal system as a condition of development.

PC4 Stormwater/Inter-allotment Drainage

Stormwater is collected and discharged so as to:

a)   protect the stability of buildings or the use of adjacent land;

b)   prevent the waterlogging of nearby land; and

c)   protect and maintain environmental values.

Stormwater and inter-allotment drainage will be required to be collected and discharged in accordance with Schedule 6: “Standards for Stormwater Drainage”, as a condition of development.

PC5 Vehicle Access

Vehicle access is provided to a standard appropriate for the use.

The existing access point to the Warrego Highway will be upgraded as a condition of development in order to meet the needs of the proposed development.

 

PC6 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.

A total of ten car parking spaces have been provided on-site, which is considered to be sufficient to meet the parking demand generated by the proposed development.

 

All car parking and on-site manoeuvring areas will be provided in accordance with Schedule 2: “Standards for Roads, Car Parking, Access and Manoeuvring Areas”.

 

PC7 Roads

All weather road access is provided between the premises and the existing road network.

N/A – The proposed development does not involve alterations to the external road network. 

 

PC8.1 Highways

The Warrego Highway is maintained and enhanced as a link between major centres.

 

PC8.2 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.

 

PC8.3 Noise Sensitive Development

Noise sensitive developments (residential, educational and community) must ensure that road traffic noise levels are appropriately managed to achieve acceptable levels of amenity.

The only constructed road access to the site is from the Warrego Highway. The existing access point to the Warrego Highway will be upgraded as a condition of development in order to meet the needs of the proposed development.

 

The application has been referred to the Department of Transport and Main Roads as a concurrence agency. The Department has approved the development, subject to the conditions attached in Attachment 3.

 

N/A – The proposed development is not a noise sensitive development.

PC9 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.

No habitable structure is constructed within 100 metres of an oil or gas pipeline.

 

PC10 Refuse Tips and Effluent Treatment Plants

Premises are located at an appropriate distance from refuse tips or effluent treatment plants to ensure community safety and operation of the uses are not compromised.

All waste treatment activities will be located a minimum distance of 1.5 kilometres from the nearest sensitive receiving environment.

PC11.1 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.

 

PC11.2 Noise Attenuation

Development adjoining the rail corridor is protected from the impact of noise. 

The site does not adjoin a railway corridor, or involve a noise-sensitive use.

 

 

 

 

 

PC12 Electricity Transmission Line Easement – Vegetation

Transmission lines within an Electricity transmission line easement are protected from vegetation.

No development will occur within the electricity easement at the north of the subject site.

PC13 Electricity Transmission Line Easement – Separation Distance

Habitable buildings and community orientated uses are located a minimum distance from lines to ensure community safety.

No development will occur within the electricity easement at the north of the subject site.

2.  Environment

 

 

PC14 Watercourses

Development ensures the maintenance of riparian areas and water quality including protection from off-site transfer of sediment.

 

The proposed development will provide buffers of approximately 185 metres to the nearest watercourse on the site.  

PC15 Flooding

Premises are designed and located so as:

a)   not to be 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 proposed development is not identified as being subject to flooding.

PC16 Air Emissions

Air emissions from premises do not cause environmental harm or nuisance to adjoining properties or sensitive land uses.

The proposed development will be required to comply with conditions regarding the operation of ERA 8(3a) Chemical Storage, ERA 53 – Composting and Soil Conditioner Manufacturing, ERA 56(2) – Regulated Waste Storage, ERA 57(2)(a) – Regulated Waste Transport, ERA 58 – Regulated Waste Treatment, ERA 63(2)(b)(i) – Sewage Treatment, which will include measures to minimise air emissions from the proposed use in accordance with Environmental Protection (Air) Policy 2008.

 

PC17 Noise Emissions

Noise emissions from premises do not cause environmental harm or nuisance to adjoining properties or sensitive land uses.

The proposed development will be required to comply with conditions regarding the operation of ERA 8(3a) Chemical Storage, ERA 53 – Composting and Soil Conditioner Manufacturing, ERA 56(2) – Regulated Waste Storage, ERA 57(2)(a) – Regulated Waste Transport, ERA 58 – Regulated Waste Treatment, ERA 63(2)(b)(i) – Sewage Treatment, which will include measures to minimise noise emissions from the proposed use in accordance with Environmental Protection (Air) Policy 2008.

 

PC18 Water Quality

The standard effluent and/or storm water 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.

f)   

Stormwater will be captured and treated on-site in accordance with the Stormwater Management Plan prepared by FSA Consulting. The proposed development will be required to comply with Schedule 6: “Standards for Stormwater Drainage”, as a condition of development.

 

PC19 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;

b)   soil erosion is kept to a minimum with remedial works.

Excavation and filling will be undertaken in accordance with Schedule 7: “Standards for Construction Activity”.

PC20 Construction Activities

Both erosion control and silt collection measures are undertaken so as to ensure protection of environmental values during construction.

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

PC21 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 site is identified as Good Quality Agricultural Land, however the proposed development will provide a necessary service to the region to assist with processing increasing peak waste streams.

 

Ownership of properties in the immediate area is fragmented, with separate rural grazing uses operating to the east and west of the site. The development is sufficiently buffered from adjoining sites so as not to prejudice existing rural grazing uses to the east and west, or future agricultural activities in the area.  

 

The proposed development will be self-sufficient with respect to infrastructure and will be contained entirely within the identified development site. In this respect, it will not result in any further fragmentation of GQAL. It is also considered that the self-contained and unique nature of the proposed use will not attract further non-rural uses to the area due to a lack of services and supporting infrastructure.

 

PC22 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 proposed development will not result in the loss of habitat or ecological corridors. Clearing on-site will be required to comply with the Concurrence Agency conditions imposed by the DNRM.

 

                

PC23 Protected Areas

Development is undertaken to ensure areas of significant biodiversity and habitat value are protected.

The proposed development will be located within 100 metres of remnant vegetation at the site, however no earthworks are proposed within the tree line. Any clearing of vegetation is limited to the development area identified in Attachment 4 - DNRM Concurrence Agency Conditions for clearing remnant vegetation.

It is therefore considered that the proposed development will not adversely impact on any areas of significant biodiversity or habitat value.

PC24 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 site does not contain a slope of greater than 15 percent.

 

PC25 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 maximized 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 structure and hazardous vegetation.

The proposed development is not located within an area mapped as Medium or High Bushfire Hazard.

 

PC26 Character Buildings

Development adjacent to buildings identified as heritage or character buildings incorporates design features, materials and details that blend with the existing character.

N/A – The development is not adjacent to buildings identified as heritage or character buildings.

PC27 Cultural Heritage

The significance of known places of indigenous cultural heritage value are retained.

N/A – The site is not in close proximity to known areas of cultural heritage.

B. Specific Land Uses

Catteries and Kennels

PC28

N/A – The proposed development is for “Industry” (High Impact Industry) and a Caretaker’s Residence.

Commercial Premises

PC29-32

N/A – The proposed development is for “Industry” (High Impact Industry) and a Caretaker’s Residence.

Community and Recreation

PC33-37

N/A – The proposed development is for “Industry” (High Impact Industry) and a Caretaker’s Residence.

Dwelling House

PC38-41

N/A – The proposed development is for “Industry” (High Impact Industry) and a Caretaker’s Residence.

Forestry

PC42-44

N/A – The proposed development is for “Industry” (High Impact Industry) and a Caretaker’s Residence.

Home Based Business

PC46-48

N/A – The proposed development is for “Industry” (High Impact Industry) and a Caretaker’s Residence.

Host Home Accommodation

PC49-52

N/A – The proposed development is for “Industry” (High Impact Industry) and a Caretaker’s Residence.

Industry (Low/Medium

PC53 Scale

The scale and location of the industrial use on the site should contribute to the amenity of the precinct.

The proposed development has a site cover of less than 50% of the total site area. All buildings at the site will be limited to less than 10 metres in height.

 

The development will achieve a front boundary setback well in excess of 6 metres. The development will also achieve side and rear boundary setbacks well in excess of 4 metres.

 

PC54 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.

The development will maintain existing vegetation along the site frontage.

 

 

PC55 Amenity

The amenity of residential uses adjacent to the industrial area is protected through appropriate boundary screening.

N/A – The site does not adjoin residential uses.

PC56 Building and Orientation

The building is designed and orientated to be identifiable from the street.

Due to the nature of the proposed use, all structures are remote from the Warrego Highway frontage of the site. The development will rely on signage to direct visitors to the site office.

PC57 Building and Structure Design

Buildings are designed and finished to a high quality appearance.

All buildings will be designed and finished to a suitable industrial standard. No buildings or structures at the site will be visible from the Warrego Highway.

 

Telecommunications Facility

PC58

N/A – The proposed development is for “Industry” (High Impact Industry) and a Caretaker’s Residence.

Temporary Workers Accommodation

PC59-62

N/A – The proposed development is for “Industry” (High Impact Industry) and a Caretaker’s Residence.

Tourist Facility

PC63-65

N/A – The proposed development is for “Industry” (High Impact Industry) and a Caretaker’s Residence.

 

4.0       Submissions

 

There were no properly made submissions lodged to Council during the public notification period. 

 

5.0       Other assessment issues

 

Subsequent approvals for Building Works, Plumbing Works, Operational Works and ERA Licenses will be required. 

 

The Department of Transport and Main Roads, Department of Natural Resources and Mines and Department of Environment and Resource Management imposed conditions of development contained in Attachments 4, 5 and 6.

 


Attachment 2

Development Plans

 









Attachment 3

Department of Transport and Main Roads - Concurrence Agency Response

 










Attachment 4

Department of Natural Resources and Mines - Concurrence Agency Response and Permit

 




Attachment 4

Department of Natural Resources and Mines - Concurrence Agency Response and Permit

 


Attachment 5

Department of Environment and Heritage Protection - Concurrence Agency Response

 



Attachment 6

Department of Environment and Heritage Protection - Concurrence Agency Permit

 



















Maranoa Regional Council

    

General Meeting -  27 February 2013

Officer Report

Meeting: General  27 February 2013

Date: 15 February 2013

Item Number: 14.2

File Number: D13/6457

 

Subject Heading:                     Material Change of Use - "Accommodation Units" (2 units) (File Ref: 2012/18238)

Classification:                                  Open Access  

Name of Applicant:                         M & K Moller C/- Patricia Skinner

Location:                                           31 Derry Street, Roma Qld 4455 (Lot 45 on RP30929)

Author & Officer’s Title:                 Danielle Pearn, Coordinator - Planning

 

Executive Summary:  The application seeks a Development Permit for a Material Change of Use for “Accommodation Units” (2 Units) situated at 31 Derry Street, Roma Qld 4455, described as Lot 45 on RP30929.

 

The application is subject to Impact Assessment against the relevant provisions of Roma Town Planning Scheme 2006.  No submissions were received during the public notification period (09/11/2012 to 30/11/2012).

 

 

Officer’s Recommendation:  Council approve the application for a Material Change of Use for “Accommodation Units” (2 Units) situated at 31 Derry Street, Roma Qld 4455, described as Lot 45 on RP30929, subject to the following conditions:

 

Preamble

 

1. Refer to http://www.cmdg.com.au for the Capricorn Municipal Development Guidelines (CMDG).

 

General

 

1.         Complete and maintain the approved development as follows: (i) 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 (Accommodation Units – 2 units) in accordance with the approved plans:

 

Plan/Document Number

Plan/Document Name

Date

261053.1 Sheet 1 of 3 Rev C

Site/Landscaping Plan

15/10/2012

261053.SP Sheet 1 of 1

Sweep Paths

05/2012

261053.2 Sheet 2 of 3 Rev A

Proposed Dwelling

17/08/2012

261053.3 Sheet 3 of 3 Rev A

Elevations & Carport Floor Plan

17/08/2012

No. 2 of 3

Existing Residence - Elevations

 

No. 3 of 3

Existing Residence - Floor Plan

 

CMDG D5

Capricorn Municipal Development Guidelines – Stormwater Drainage Design D5 Design Guidelines

03/2012

CMDG D11

Capricorn Municipal Development Guidelines – Water Reticulation D11 Design Guidelines

10/2007

CMDG D12

Capricorn Municipal Development Guidelines – Sewerage Reticulation D12 Design Guidelines

10/2007

 

4.         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.

 

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

 

Stormwater and Drainage

 

6.         Stormwater must be collected and discharged in accordance with the Queensland Urban Drainage Manual (Volume 1 text, Volume 2 Design Charts), Australian Rainfall and Runoff (Volume 1 A guide to Flood Estimation), and CMDG Design Guidelines D-5 ‘Stormwater Drainage Design’.

 

7.         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.

 

8.         Post-development stormwater runoff flows (whose characteristics include volume, concentration and velocities) must be directed to the lawful point of discharge for the development site and there must be no increases in any silt loads or contaminants in any flow from the property being developed during the development process and after the development has 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.

 

Erosion Control

 

10.       All construction works on site to be undertaken in accordance with the Institute of Engineers (Australia) (IEAUST) Soil Erosion and Sediment Control Engineering Guidelines for Queensland Construction sites and the CMDG Design Guidelines – D7. 

 

11.       Measures shall be applied to prevent site vehicles tracking sediment and other pollutants onto adjoining roads during the course of the construction period and to prevent dust nuisance during construction.

 

12.       Should it be necessary for the road and/or drainage system to be reinstated or cleaned up due to erosion and/or sedimentation from the site, then such works shall be undertaken at no cost to Council. 

 

Services Provisions

 

13.       The development is to be connected to Council’s reticulated sewerage disposal system in accordance with the Water Services Association of Australia (WSAA) publication WSA02-2002 Sewerage Code of Australia (version 2.3) and the CMDG Design Guideline - D12 ‘Sewerage Reticulation’, at no cost to Council.

 

14.       The development is to be connected to Council’s reticulated water supply system in accordance with the Water Services Association of Australia (WSAA) publication WSA03-2002 Water Reticulation Code of Australia (version 2.3) and the CMDG Design Guideline – D11 ‘Water Reticulation’, at no cost to Council.

 

15.       The development must be connected to an electricity reticulation service in accordance with the relevant service provider’s requirements and specifications along with relevant building standards, requirements and specifications (as relevant).

 

16.       The development is to be connected to reticulated gas supply at no cost to Council.

 

17.       If the development is connected to a telecommunications service, then such works shall be undertaken in accordance with the relevant service provider’s requirements and specifications along with relevant building standards requirements and specifications (as relevant).

 

18.       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 Capricorn Municipal Development Guidelines (CMDG) 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.

 

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

 

20.       All sewerage mains and associated infrastructure located within the allotment boundaries, must be contained within a three metre wide registered easement.

 

Rubbish Collection

 

21.       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.

 

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

 

Access, Car parking and Manoeuvring

 

23.       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.

 

24.       The existing sealed vehicle crossover to the site from Derry Street is to be maintained for the duration of the use.  Any future maintenance to the crossover from and including the street kerb, shall be undertaken at no cost to Council.

 

25.       Vehicle crossover must be located a minimum distance of one metre from any street signage, power poles, street lights, manholes, stormwater gully pits or other Council assets.

 

26.       The vehicle crossover shall have standard vertical clearances for water supply mains and sewerage pipes passing in front of the development site.

 

27.       The clear minimum sight distance shall be provided for vehicles exiting the development site into Spencer Street.

 

28.       Vehicle manoeuvring areas must be provided on-site to allow vehicles to exit designated car parking spaces and exit the site in a forward direction.

 

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

 

30.       All car parking 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. 

 

31.       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.

 

32.       All vehicles access and related elements shall comply with (i) the development approval conditions (ii) Schedule 2 - ‘Standards for Road, Car parking, Access and Manoeuvring Areas (iii) Relevant Australian Standards (iv) the CMDG Guidelines (v) any alternative specifications that Council has agreed to in writing and which development must ensure do not conflict with any requirements imposed by any applicable laws and standards

 

Environmental

 

33.       All construction works on site are to be undertaken in accordance with the Soil Erosion and Sediment Control Engineering Guidelines for Queensland Construction sites (IE Aust, Queensland Division, Brisbane – or later versions).

 

34.       The developer shall immediately clean up and satisfactorily remove any deposited construction material or silt runoff from the development site.

 

Landscaping and Fencing

 

35.       Landscaping is to be provided with a minimum width of two metres adjacent to the front property boundary and alongside the driveway in accordance with the approved site plan 261053.1 Rev C “Site/Landscaping Plan”, dated 15/10/12. 

 

36.       Landscaping must be planted prior to occupation of the proposed residence.

 

37.       Ground covers should fully cover vegetated areas within 1 year of planting.

 

38.       Site landscaping must not interfere with electrical infrastructure nor restrict maintenance access to any onsite infrastructure, public utility or easement.

 

39.       Screen fencing to a height of 1.8 metres is to be maintained along the side and rear boundaries of the site.

 

Avoiding Nuisance

 

40.       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.

 

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

 

42.       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.

 

43.       Whilst the approved works are in progress, no nuisance is to be caused to adjoining properties and occupiers by the way of noise, smoke, dust, rubbish, contaminant, stormwater discharge or siltation at any time, including non-working hours.

 

44.       Whilst the approved works are in progress, waste containers must remain on site and be maintained in a clean and tidy state and shall be emptied and the waste removed from the site on a regular basis.

 

45.       Unless otherwise approved in writing by the Council, approved hours of construction are restricted to Monday – Saturday 6.00 am to 6.00 pm – noise permitted.  Work or business which causes audible noise must not be conducted from or on the subject land outside the above times or on Sundays or Public Holidays.

 

46.       Any damage to roads and infrastructure, that is attributable to the progress of works on the development site or to vehicles associated with the development of the site, shall be repaired to at least the previous condition and at no cost to Council or, if the Council agrees, the cost of repairs may paid to Council for the Council to carry out the repairs.

 

Advertising Signs

 

47.       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.

 

Use

 

48.       The existing carport is to be removed from the site.

 

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

 

50.       The developer is to notify Council upon completion of the conditions of approval and prior to occupation of the dwelling units.

 

Infrastructure Contributions

 

51.       An infrastructure contribution, in accordance with Council’s adopted Priority infrastructure Plan, of $21,000.00 is payable to the Council. The stated charge is to be paid prior to commencement of construction.

 

No Cost to Council

 

52.       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.

 

53.       All costs associated with the approved development are to be met by the developer, including costs of easement preparation and registration, and document lodgement.

 

54.       All rates and charges of any description and all arrears of such rates and charges, together with interest outstanding thereon, on the land, due to Council, shall be paid to the Council prior to occupation of the units.

 

Latest versions

 

53.       Where another condition refers to a specific published standard, manual or guideline, including specifications, drawings, provisions and criteria within those documents, that condition shall be deemed as referring to the latest versions of those publications that are publicly available at the time the first operational works or compliance approval is lodged with the assessment manager or approval agency for those types of works to be performed or approved, unless a regulation or law requires otherwise.

 

 

Body of Report:

Refer to Attachment 1.

Consultation (internal/external):

-     MRC Engineering Services (Internal)

-     Public Notification was undertaken in accordance with the requirements of SPA.

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 developer.

 

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

D13/6663

2View

Development Plans

D13/6655

3View

Adopted Infrastructure Charges Notice

D13/6589

 

Report authorised by:

Robert Hayward, Director- Development & Environment Services


Attachment 1

Body of Report

 

1.0    Background

 

The application seeks approval for a material change of use for “Accommodation units” located at 31 Derry Street, Roma, described as Lot 45 on RP30929.

 

The site is located within the Residential Zone and comprises an area of 1012m2. Single detached dwellings occupy the adjoining allotments to the north, east and west, and the majority of allotments throughout the surrounding neighbourhood. 

 

The site is currently occupied by a three bedroom dwelling and single carport.  The development proposal seeks to retain the existing dwelling and establish a second residence at the rear of the allotment.  The proposal also includes the removal of the existing carport and construction of two double carports to cater for both the existing and proposed residence.

 

Figure 1 - Locality Plan

 

Figure 2 – View of existing residence from Derry Street frontage

 

The floor area of the existing and proposed residences comprises 99m2 and 95m2 respectively.  The gross floor area of the development including the proposed carports is 266m2, equating to 26.3% site coverage.

 

The development will utilise the existing vehicle access to the site from Derry Street.  An internal driveway will run adjacent to the eastern property boundary allowing vehicle access and parking within the carports proposed to be located between the two residences.

 

 

2.0      Definition of Use and Assessment Status

 

The proposed development involves the addition of a second residence on a residential property that contains an existing dwelling.  The development will therefore change the current use of the land from a “Dwelling house” to “Accommodation units”.

 

Under the Roma Town Planning Scheme the definition of “Accommodation Units" is described as follows:

 

“Accommodation Units” means any premises comprising an integrated development of dwelling units and/r rooming units. The term includes multiple dwelling units, retirement villages and apartment houses.

 

The application is subject to Impact Assessment against the relevant provisions of the planning scheme.  Public Notification was carried out from 9 November 2012 to 30 November 2012.  No submissions were received during this period.

 

3.0      Assessment Against the Planning Scheme

 

Desired Environmental Outcomes

 

The Desired Environmental Outcomes (DEOs) are based on ecological sustainability established by Sustainable Planning Act 2009, and are the basis for the measures of the planning scheme. Compliance with the DEOs is examined below:

 

(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 site is situated within a developed urban area and will not result in the removal of any significant vegetation, or impact on 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. Nevertheless the proposed development does not involve any works which may result in such issues.   

 

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

 

The proposal is for a residential use and will not adversely impact on water or air quality nor the biodiversity of the area.   

 

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

 

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

 

(b)    Economic

 

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

 

(ii)     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 residential development within the Residential Zone and will not compromise the location of business and commercial development with the Commercial Zone and CBD.

 

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

 

The proposal is for residential development and is not situated in proximity to the Town CBD.   The proposed use will not adversely impact on the efficiency, attractions or vitality of the commercial area.

 

(iv)    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 proposal is for residential development within the Residential Zone and will not adversely impact on the promotion of tourism within the region. 

 

(v)    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 development will support industry, business and employment opportunities in the local area by increasing the range of accommodation available within Roma.

 

(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 development site is located within an established residential area with infrastructure and services provided.  

 

(ii)   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 development site is not located in proximity to rail corridors, major water cycle or electricity infrastructure.  The development will gain access from Derry Street and will not encroach on any established infrastructure networks.

 

(iii)   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 development site is located within an established residential area with infrastructure and services available to provide a suitable living environment for residents of the dwelling units.  The proposed residence is of similar scale and character to the existing dwelling and integrates with the built form and rural amenity of the town area.  The development will have minimal impact on the streetscape as the second residence will be largely obscured from view at the street frontage by the existing dwelling which is sited towards the front of the allotment. 

 

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

 

The site is not identified as being susceptible to bushfire or other hazards. 

 

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

 

The proposed development will increase the range of housing available in Roma through the provision of one additional dwelling unit.

 

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

 

The proposal is for a residential use within the Residential Zone.  The development is consistent with the existing uses in the locality and will not have an adverse impact on noise levels, traffic volume, lighting levels or local amenity in the town.

 

Overall Outcomes for Urban Area Code

 

The Urban Area Code identifies overall outcomes providing direction about relevant assessment issues.  The overall outcomes are examined below:

 

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

 

The proposed development will provide residential accommodation to support a range of activities in Roma.

 

(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 residential development situated within the Residential Zone.  The development does not involve business or commercial activities.

 

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

 

The development is limited to a single storey in height and will be constructed with building materials that are consistent with those of existing dwellings in the area.  The development will have minimal impact on the streetscape as the proposed residence will be sited to the rear of the existing dwelling and will be largely shielded from view at the street frontage.

 

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

 

The development is consistent with the intent of the residential area within which it is proposed and will not adversely impact on the safety and convenience of cyclist or pedestrian movements in the locality.   Conditions of approval will require the provision of vehicle manoeuvring areas within the site, to ensure vehicles can exit in a forward direction for improved visibility and safety. 

 

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

 

The development site is located within the Roma Town area and is not situated in proximity to Good Quality Agricultural Land.

 

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

 

The development site is located on a local residential access street and is not in proximity to a rail corridor.  The development will utilise the existing vehicle access to the site and will not impact on motorist visibility nor compromise the function of the local 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 development site is located in an established residential area with access to community services.  The development will increase housing diversity in Roma Town.

 

(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 is located within an established residential area that has access to infrastructure and services to facilitate the proposed development.

 

(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 development site is located in an established residential area with efficient and equitable access to social infrastructure.

 

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

 

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

 

The proposal does not involve industrial development.

 

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

 

The proposed development does not involve any business, community or emergency services.

 

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

 

The proposal is for a residential use in the Residential Zone and does not involve commercial development. 

 

Performance Criteria of the Urban Area Code

 

The relevant Performance Criteria of the Code is examined below to provide more detailed consideration of relevant issues -

 

 

Performance Criteria

Assessment Responses

 

A.    For all of the Town Area

 

 Infrastructure

PC 1 Electricity

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

 

The proposed development is located in an established urban area with access to electrical infrastructure.

PC 2 Water supply

Premises are provided with an adequate volume and supply of water for the activity.

 

The proposed development is located in an established urban area with reticulated water supply available.

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 is located in an established urban area with reticulated sewerage available.

 

 

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.

 

Conditions of approval will require stormwater from the development site to be collected and discharged to ensure no increase in post-development flows to adjoining properties and no contamination or silting of waterways.

PC 5 Vehicle Access

Vehicle access is provided to a standard appropriate for the use.

 

Vehicle access to the development site will be obtained via the existing driveway crossover to Derry Street.

PC 6 Density

The density of residential activities does not impact adversely on the residential amenity of the town.

 

Not Applicable – The proposed development is for Accommodation Units.

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 development incorporates provision for four onsite car parking spaces within the proposed carports.  The parking provisions are compliant with the minimum requirements for Accommodation Units and are considered adequate for the proposed use. 

PC 8 Roads

All weather road access is provided between the premises and the existing road network.

 

All access, car parking and manoeuvring areas will be sealed with an approved impervious surface ensuring all weather access to the existing road network.

PC 9 State Controlled Roads

State Controlled Roads are maintained and enhanced as a link between major centres.        

The proposed development is not contiguous to a State controlled road and will not impact on their function as a link between major centres.  

 

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.

 

Not Applicable - The development site is not located adjacent to a State controlled road.

 

 

PC 11 Noise Sensitive Development

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 development is located on a local residential access street and will not be adversely impacted by noise generated from road traffic.

PC 12 Development in the Vicinity of Aerodrome

Development

(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 in 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 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 site is situated in an established residential area and is located an appropriate distance from gas and oil 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 site is not located in proximity to refuse tips or 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 site is not located in proximity to a rail corridor.

PC 17 Noise Attenuation

Development adjoining the rail corridor is protected from the impact of noise.    

 

Not Applicable – The site does not adjoin a rail corridor.

2. Environment

PC 18 Watercourses

Development ensures the maintenance of riparian areas and water quality including protection from off-site transfer of sediment.

 

Not Applicable – The site is not located in proximity to watercourses.

PC 19 Protected Areas

Development is undertaken to ensure areas of significant biodiversity and habitat value are protected.

 

Not Applicable – The site is not located in proximity to areas of significant biodiversity or habitat value.

 

PC 20 Flooding

Premises are designed and located so as:

(a) not to be adversely impacted upon by flooding;

(b) to protect life and property; and

(c) not to have an undesirable impact on the extent and magnitude of flooding.

Not Applicable - The development site is not located within the 1 in 100 year flood overlay.

PC 21 Air Emissions

Air emissions from premises do not cause environmental harm or nuisance to adjoining properties or sensitive land uses.

 

The development is a residential use and is not of a nature to cause environmental harm or nuisance through 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 development is for a residential use that is consistent with the intent of the area within which it is proposed.  The development is not anticipated to generate noise levels in excess of what would normally be expected in a residential area.

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

 

The development will incorporate appropriate stormwater disposal for the proposed use.  This will be imposed as a condition of approval.

 

PC 24 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 of approval will require any excavation and filling within the site to be undertaken in accordance with Schedule 7: Standards for Construction Activity.

PC 25 Construction Activities

Both erosion control and silt collection measures are undertaken so as to ensure protection of environmental values during construction.

 

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

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 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 proposed development is not located within a Medium or High Bushfire Hazard Area.

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.

 

Not Applicable – The development is not located near to heritage or character buildings.

PC 28 Cultural Heritage

The significance of known places of indigenous and/or cultural heritage value is retained.

 

The development is not located in proximity to any places of known indigenous or cultural heritage value.

B. For the Residential Zone

a) Residential Development – Dwelling House, Dual occupancy and Accommodation Units

PC 29 Height

The height of residential buildings is compatible with and complementary to the character of the urban environment.

 

The proposed development is limited to a single storey in height which is consistent with the local character.

 

PC 30 Site Coverage and Setbacks

(a) Residential building design and siting maintains the character of the locality in terms of building bulk.

(b) Residential buildings are located to ensure the local amenity and streetscape are protected and enhanced.

 

AS 30.1

The development has a total site coverage of 266m2, equating to 26.3% site coverage.  The development is sensitive to the local character and amenity in this respect.

 

AS 30.2 – AS 30.4

Not Applicable – The development is not for dual occupancies.

 

AS 30.5 - AS 30.7

The proposed development achieves compliance with minimum boundary clearances required from the front and eastern side boundary.  A relaxation of the minimum setback requirements is sought for the rear and western side boundary.

 

The existing residence is sited 1.5 metres from the western side boundary which is an acceptable setback for a single dwelling on a lot and would have been compliant at the time the building was established.  Although the development will result in a change of the land use, the siting of the existing building will not be altered and therefore the view from the street and local amenity will not be affected by the relaxation.

 

The proposed residence requires a 500mm relaxation of the side boundary clearance to permit a setback of 2.5 metres from the western boundary.  A reduction of the rear boundary clearance from 7 metres to 5.6 metres is also sought to allow sufficient manoeuvring space to enable vehicles to exit the proposed carports and leave the site in forward direction. 

 

A reduction of the side and rear boundary setbacks to the new residence will not impact on the visual amenity of the site from the street frontage.  The adjoining residences to the north, east and west are all situated towards the allotment frontages and are well separated from the proposed residence.  The small scale of the development allows sufficient private open space for residents and will maintain the residential character and amenity of the area in terms of building bulk. 

 

The reduced boundary setbacks will not interfere with access to the sewerage infrastructure located within the allotment boundaries.

PC 31 Residential amenity For Dual Occupancies and Accommodation Units:

The location and design of dual occupancies provides for adequate privacy, sunlight, ventilation and open space.

 

The proposed residence will be designed to achieve adequate ventilation and natural lighting.  Screen fencing exists along the boundaries of the site and will be established between the dwelling units to provide private open space for residents.

 

PC 32 Landscaping For Dual Occupancies and Accommodation Units:

Landscaping on the site should be:

(a)  visually pleasing and create an attractive environment;

(b)  located to take account of the direction of the breezes and sun; and

(c)  located to give privacy and buffering from any potential incompatible uses.

(d)  Located to avoid interference with electricity lines and infrastructure.

Conditions of approval will require landscaping to be established with a minimum width of two metres adjacent to the site frontage and alongside the driveway as indicated in the development plans.  The remaining unsealed areas of the site, including the private open space areas of the dwelling units, will be grassed.

 

Site landscaping will contribute to the overall amenity of the development and local streetscape.  Landscaping will also provide a level of screening and privacy for residents of the dwelling units.

 

a)    Residential Development – Outbuildings

 

PC 33 Residential Outbuildings

Residential amenity is to be maintained.

The development includes the establishment of two double carports located between the residences.  The carports comply with the minimum boundary setbacks and will not be visible from the street frontage.  The proposed outbuildings will not impact on the residential amenity of the locality. 

 

 

4.0    Other assessment issues

 

Subsequent approvals for Building Works and Plumbing and Drainage Works will be required. 

 


Attachment 2

Development Plans

 







Attachment 3

Adopted Infrastructure Charges Notice

 

 

 


ADOPTED INFRASTRUCTURE CHARGES NOTICE

 

Issued by Maranoa Regional Council in accordance with:

 

1.   Section 648F of the Sustainable Planning Act 2009

2.   State planning regulatory provision (adopted charges) 2012

3.   Maranoa Regional Council Resolution to adopt Infrastructure Charges for the Roma Planning Scheme under the State planning regulatory provision (adopted charges), 2012 – effective 26 September 2012

4.   Development Approval 2012/18238 for a Material Change of Use - “Accommodation Units” situated at 31 Derry Street, Roma Qld 4455, and described as Lot 45 on RP30929.

 

(a)       The amount of the charge:

 

$21,000 is payable as infrastructure charges.

 

This is based on an adopted charge of $21,000.00 per 3 bedroom dwelling unit.

 

A discount of $21,000 is applicable based on the monetary equivalent of the existing lawful use of the premises.

 

(b)       The land to which the charge applies:

 

This charge is levied in respect of a Development Approval for a Material Change of Use - “Accommodation Units” situated at 31 Derry Street, Roma Qld 4455, and described as Lot 45 on RP30929.

 

(c)       The person to whom the charge must be paid:

 

Chief Executive Officer,

Maranoa Regional Council

 

(d)       When the charge is payable:

 

Prior to commencing construction of the approved development.

 

(e)       If the local government has, under its adopted infrastructure charges resolution, provided for the charge to increase, an additional amount, worked out in compliance with section 648D(10)(b) of the Sustainable Planning Act 2009, is payable on the day the charge is paid:

 

The Maranoa Regional Council Resolution to adopt Infrastructure Charges for the Roma Planning Scheme under the State planning regulatory provision (adopted charges) 2102 – effective 26 September 2012, provides for increases in charges to be made in accordance Section 7 of that Resolution. The increases are related to the Consumer Price Index (all Groups) for Brisbane.


ADVICE ABOUT THIS ADOPTED INFRASTRUCTURE CHARGES NOTICE (AICN)

 

When does an AICN lapse?

 

An AICN lapses if the corresponding development approval or compliance permit stops having effect.

 

Negotiated AICN

 

A person who receives an AICN may make a written representation (e.g. a letter, facsimile or email) about the AICN to the entity that gave the notice (i.e. local government or a water distributor retailer) (Chapter 8, Part 4 of the Sustainable Planning Act 2009 (SPA)). If the entity agrees with any of the representations, the entity will issue a negotiated AICN which replaces the original notice.

 

SPA also provides for representations to be made about decision notices under Chapter 6, Part 8. Where a negotiated decision notice affects the amount of an adopted infrastructure charge, the local government may issue a new AICN to replace the original notice (section 364 of the SPA).

 

A representation about an AICN or a decision notice must be started during the period within which the person may make an appeal about the AICN or the decision notice.

 

Permissible change and an AICN

 

A permissible change, is a minor change to a development approval that would not result in a substantially different development (section 367 of the SPA). An AICN, or negotiated AICN, cannot be issued as part of the process for a permissible change to a development approval. In this regard, a permissible change to a development approval should not result in a change that warrants a new AICN.

 

Making an appeal about an AICN

 

A person, who is given an AICN or negotiated AICN and is dissatisfied, may appeal to the Planning and Environment Court (Court) against the notice, under section 478 of the SPA. An appeal against an AICN or a negotiated AICN can only be about:

whether a charge in the notice is so unreasonable that no reasonable relevant local government, state infrastructure provider or coordinating agency could have imposed it; or

an error in the calculation of the charge.

 

A person has 20 business days to start an appeal against an AICN or negotiated AICN.

 

Another way to appeal against an AICN or negotiated AICN is the Building and Development Dispute Resolution Committee (Committee). The Committee provides an accessible, affordable and timely service for members of the public not satisfied with decisions made by local governments and private certifiers. Errors in the calculation of the charge can be appealed to the Committee, under section 535 of the SPA.

 

An appeal against an AICN or negotiated AICN, to either the Court or the Committees, is not an appeal against a development application, development approval, compliance assessment or compliance permit. As such, an appeal does not affect the period in which the corresponding development approval or compliance permit takes effect and lapses.

 

 

FOR YOUR REFERENCE:

 

Extract from the Sustainable Planning Act 2009- Section 478

 

478    Appeals about particular charges for infrastructure

 

(1) This section applies to a person who has been given, and is dissatisfied with—

(a) an infrastructure charges notice, regulated infrastructure charges notice, adopted infrastructure charges notice or regulated State infrastructure charges notice; or

(b) a negotiated infrastructure charges notice, negotiated regulated infrastructure charges notice, negotiated adopted infrastructure charges notice or negotiated regulated State  infrastructure charges notice.

(2) The person may appeal to the court against the notice.

(3) An appeal against a notice mentioned in subsection (1) must be started within 20 business days after the day the notice is given to the person.

(4) An appeal under this section may only be about—

(a) whether a charge in the notice is so unreasonable that no reasonable relevant local government, State infrastructure provider or coordinating agency could have imposed it; or

(b) an error in the calculation of the charge.

To see details of other sections of the Sustainable Planning Act 2009, you can go to the legislation section of the Queensland Government website. The following internet link may assist:

http://www.legislation.qld.gov.au/LEGISLTN/CURRENT/S/SustPlanA09.pdf

 
(5) To remove any doubt, it is declared that an appeal under this section can not be about the methodology used to establish an adopted infrastructure charge or the charge in a relevant infrastructure charges schedule, regulated infrastructure charges schedule or regulated State infrastructure charges schedule.