General Meeting of Council - Central Highlands Region

General Meeting of Council

MINUTES

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

Wednesday 10 July 2013

Commenced at 10.00am

CENTRAL HIGHLANDS REGIONAL COUNCIL

GENERAL MEETING OF COUNCIL

WEDNESDAY 10 JULY 2013

MINUTES CONTENTS

PRESENT .................................................................................................................................................... 3

APOLOGIES ................................................................................................................................................ 3

LEAVE OF ABSENCE ................................................................................................................................. 3

CONFIRMATION OF MINUTES OF PREVIOUS MEETING ......................................................................... 3

Special Budget Meeting: 26 June 2013 ........................................................................................................ 3

General Council Meeting: 26 June 2013 ....................................................................................................... 4

MATERIAL PERSONAL INTEREST, PERSONAL GIFTS & BENEFITS & CONFLICT OF INTEREST ...... 4

INFRASTRUCTURE, ASSETS & PUBLIC FACILITIES’ SECTION ............................................................. 5

Water Supply for Sapphire & Rubyvale for Domestic Use Only Policy .......................................................... 5

COMMUNITY & DEVELOPMENT SERVICES SEGMENT ........................................................................... 7

1.1 – 4030/12 – Meldavaly Homes Pty Ltd – 11 Wright Street Emerald - Material Change of Use – Dual Occupancy – Permissible Change ........................................................................................................ 7

1.2 – 4152/12 – James & Helen Maher C/- Gracemere Surveying & Planning Consultants Pty Ltd – 23 Quinn Street Emerald – Material Change of Use – Commercial Premises & Caretaker’s Residence .... 8

1.3 – 4154/12 – Village National Emerald Properties Pty Ltd C/- THG – Roberts Street Emerald – Material Change of Use – Extension to Caravan Park [two hundred & twelve (212) units] ................................. 9

1.4 – 4160/12 – Emerald Christian College C/- Precinct Urban Planning – Gregory Highway Emerald – Material Change of Use – Extend School ........................................................................................... 10

Delegated Approvals .................................................................................................................................. 19

Request for Remission of Development Contributions - Blackwater Tiny Tots Centre Inc. ......................... 20

LATE AGENDA ITEMS .............................................................................................................................. 20

CHIEF EXECUTIVE OFFICER’S REPORT ................................................................................................ 20

Amended Starting Times for Council Meeting 2013 .................................................................................... 20

Funding Opportunity: Queensland Disaster Mitigation and Resilience Funding .......................................... 21

GENERAL BUSINESS ............................................................................................................................... 21

Queensland Weed Symposium Conference ............................................................................................... 21

CLOSED SESSION .................................................................................................................................... 22

CLOSURE OF MEETING ........................................................................................................................... 22

MINUTES – GENERAL COUNCIL MEETING – WEDNESDAY 10 JULY 2013 – PAGE 3

MINUTES – GENERAL MEETING HELD AT 10.00AM WEDNESDAY 10 JULY 2013 IN THE CENTRAL HIGHLANDS REGIONAL COUNCIL CHAMBERS, EMERALD OFFICE

PRESENT Councillors Councillor (Cr) P. Maguire (Mayor) Councillors (Crs) P. Bell AM, K. Cracknell, G. Godwin-Smith, P. Maundrell, K. Pickersgill, G. Sypher Officers Chief Executive Officer B. Ottone, General Manager Community and Development Services B. Duke , General Manager Organisational Support Services M. Lyons, General Manager Infrastructure, Assets & Public Facilities G.Brayford, Executive Manager Administration and Customer Services M. Webster, Executive Manager Corporate Communications & Strategy M. Sidhu, General Manager CHDC S. Hobbs, Manager Planning & Development Services L. Lankowski, M. Wills (Minute Secretary) APOLOGIES Councillors (Crs) C. Brimblecombe, G. Nixon Opening Prayer Rev Mike Verco (St Luke’s Anglican Church) delivered the opening prayer. LEAVE OF ABSENCE Resolution: Cr Godwin- Smith moved and seconded by Cr Pickersgill “That a leave of absence be granted for Crs Nixon and Brimblecombe for today’s meeting.”

Carried

Cr Maundrell moved and seconded by Cr Bell “That a leave of absence be granted for Cr Godwin-Smith for 24 July 2013.

Carried CONFIRMATION OF MINUTES OF PREVIOUS MEETING Special Budget Meeting: 26 June 2013 Resolution: Cr Sypher moved and seconded by Cr Pickersgill ‘That the minutes of the above meeting, as printed and circulated to members, be adopted“.

Carried Business Arising Out Of Minutes Cr Maundrell requested that his vote against the Water Utility Charges (pg 46) be recorded and that Crs Cracknell & Pickersgill also requested their vote against be recorded. Cr Maundrell also mentioned that it has been reported in the press that he is against the increase in wages and that he fully supports the council staff and their hard work that they provide to the public and that we needed to be more efficient with our budget process.


General Council Meeting: 26 June 2013 Resolution: Cr Godwin-Smith moved and seconded by Cr Sypher ‘That the minutes of the above meeting, as printed and circulated to members, be adopted“.

Carried Business Arising Out Of Minutes Nil MATERIAL PERSONAL INTEREST, PERSONAL GIFTS & BENEFITS & CONFLICT OF INTEREST Cr Maundrell advised that he had been invited by Suncorp to attend the State of Origin in Brisbane on 26 June 2013 and that he did pay for his airfares to and from Brisbane.


INFRASTRUCTURE, ASSETS & PUBLIC FACILITIES’ SECTION Attendance Council Officer D Karol manager Water Utilities attended the meeting at 9.13am Water Supply for Sapphire & Rubyvale for Domestic Use Only Policy Resolution: Cr Sypher moved and seconded by Cr Bell “That Council adopt the following Policy “Water Supply (Domestic Use Only) for Sapphire/Rubyvale Mining Claims/Leases”

COUNCIL POLICY

Water Supply (Domestic Use Only) for Sapphire & Rubyvale Mining Claims/Leases Policy

POLICY NUMBER: [automated #] DEPARTMENT: Infrastructure Assets & Public Facilities

EFFECTIVE DATE: UNIT: Water Utilities

1.0 Purpose and Scope

To define the position on water related operations and charges for mining claims/leases within the Sapphire & Rubyvale townships.

To ensure water operations and charges related to all mining claims/leases at Sapphire and Rubyvale are incorporated into council operations. To provide a position on temporary water connections to mining claims and leses.

2.0 Reference

Local Government Act 2009 Local Government (Finance, Plans and Reporting) Regulation 2010 Water Supply (Safety & Reliability) Act 2008

3.0 Definitions The Act shall mean the Local Government Act 2009. The Regulation shall mean the Local Government (Finance, Plans and Reporting) Regulation 2010. Water Main shall mean Central Highlands Regional Council owned water pipe of 100mm or larger diameter designed to reticulate potable water to the wider community.

4.0 Policy Statement Mining claims/leases within the Sapphire & Rubyvale townships shall be entitled to a temporary annual connection to CHRC town water supply with the following Conditions that are to be met prior to approval:

1.1 Boundary of mining claim/lease should be located within 20m of existing council water main

1.2 All new water meters will be located within the road reserve.

1.3 The water service downstream of the meter shall not run through any other mining


claims/leases or land parcels without an appropriate easement in favour of the beneficiary

1.4 A plumbing application (Form 1) will need to be completed.

1.5 The mining claims/leases must have an approved wastewater disposal option (Septic Tank)

1.6 The standard new connection/plumbing application fee shall be paid as per council’s current fees and charges.

Conditions of Approval

1.7 The owner of the claim/lease shall be responsible for all pipework and fittings downstream of the water meter

1.8 An upfront fixed fee shall be paid for the removal of the water meter & service once the mining claim/lease expires. This fee will be set out in council’s fees and charges

1.9 All connections shall be supplied with a 20mm water meter only with a trickle feed service of reduced flow of not greater than 0.1L/sec

1.10 An upfront refundable bond of $500 shall be paid to notify council when the mining claim/lease expires. Refund is payable once council is notified of ceasing claim and settling all outstanding water consumption fees/charges.

1.11 The consumption charges will be aligned with the Sapphire/Rubyvale water utility charges. The current financial year charges are included in council’s fees and charges.

1.12 Council may review each application on a case by case basis.

1.13 This service is temporary and can be disconnected by Council at any given time.

1.14 The water service is only available for domestic use (not mining)

Disconnection of Service

1.15 Council may also disconnect water service from properties due to very high usage, compared to normal average 6monthly consumption

1.16 Council may also disconnect water services to properties due to Illegal connection being provided to other users.

1.17 Council holds the rights to discontinue water service to properties due to unforeseen circumstances, such as but not limited to:

• Leaking septic tank

• Use for mining purposes

5.0 Policy Review

This policy is nominated to be reviewed on: 1 June 2015 All policies will be reviewed at least two yearly or when any of the following evaluations occur:

• Relevant legislation, regulations, standards and policies are amended or replaced; and • Other circumstances as determined from time to time by the Chief Executive Officer or from a

resolution of Council.

Carried Acceptance of the General Manager – Infrastructure, Assets & Public Facilities’ Report Cr Godwin-Smith moved and seconded by Cr Bell ‘That the General Manager – Infrastructure, Assets & Public Facilities’ Report and Monthly Information Bulletin be received.’

Carried


COMMUNITY & DEVELOPMENT SERVICES SEGMENT Attendance GMOSS M. Lyons left the meeting at 9.46am and returned at 9.48am Former Shire of Emerald 1.1 – 4030/12 – Meldavaly Homes Pty Ltd – 11 Wright Street Emerald - Material Change of Use – Dual Occupancy – Permissible Change Application No: 4030/12 Applicant: Meldavaly Homes Pty Ltd Owner: Hebron Park Pty Ltd as Trustee for Edwards Family Trust Site Address: 11 Wright Street, Emerald Real Property Description: Lot 143 on SP224259 Area of Land: 901m² Current Use of Land: Dual Occupancy Applicant’s Name: Meldavaly Homes Applicant’s Address: PO Box 1168 Emerald Qld 4720 Applicable Planning Scheme: Emerald Shire Planning Scheme (Amendment No. 2 - 2011) Zone: Town Zone: Residential Precinct Proposal: Permissible Change to a Material Change of Use – Dual

Occupancy - Condition 2 Approval Type: Development Permit Development Type: Material Change of Use Level of Assessment: Impact Referral Agencies: Nil Submissions: One (1)

Resolution: Cr Sypher moved and seconded by Cr Godwin-Smith “That the applicant, Meldavaly Homes, be advised that the development application for a Permissible Change to an application for a Material Change of Use: Dual Occupancy on land located at 11 Wright Street, Emerald, described as Lot 143 on SP224259, is approved subject to the following conditions.

2. APPROVED PLANS

The development is to be carried out in accordance with the stamped approved plans and documentation as detailed in the following schedule, unless otherwise amended by conditions of this approval:

Plan Title Drawing

Number Plan Date

Prepared by

Site Plan 12505 1/9 14.08.12 Caloundra Design and Drafting Landscape Plan 12505 2/9 14.08.12 Caloundra Design and Drafting Floor Plan 12505 3/9 14.08.12 Caloundra Design and Drafting West and East Elevations 12505 4/9 14.08.12 Caloundra Design and Drafting South and North Elevations 12505 5/9 14.08.12 Caloundra Design and Drafting Section A-A 12505 6/9 14.08.12 Caloundra Design and Drafting Bracing/Lintel Plan 12505 7/9 14.08.12 Caloundra Design and Drafting Slab Layout 12505 8/9 14.08.12 Caloundra Design and Drafting Plumbing and Electrical 12505 9/9 14.08.12 Caloundra Design and Drafting

This development is limited to a maximum of 2 x 5 bedroom units with double garages. Timing: To be maintained at all times after commencement of use”

Carried


1.2 – 4152/12 – James & Helen Maher C/- Gracemere Surveying & Planning Consultants Pty Ltd – 23 Quinn Street Emerald – Material Change of Use – Commercial Premises & Caretaker’s Residence Application No: 4152/12 Applicant: James Maher and Helen Maher C/- Gracemere Surveying and Planning Consultants Pty Ltd Owner: James John Maher and Helen Joy Maher Site Address: 23 Quinn Street, Emerald Real Property Description: Lot 2 on RP849410 Area of Land: 5,136m2 Current Use of Land: Detached dwelling and ancillary storage sheds Applicant’s Address: PO Box 379, Gracemere QLD 4702 Applicable Planning Scheme: Emerald Shire Planning Scheme 2011 (Amendment No. 2) Zone: Town Zone – Rural Residential Precinct Proposal: Low Impact Industry, Commercial Premises and Caretaker’s

Residence Approval Type: Material Change of Use Development Type: Development Permit Level of Assessment: Impact Assessable Referral Agencies: None Submissions: One properly made submission Two not properly made submissions Attachments: Locality Plan Proposal Plans Submissions Resolution: Cr Cracknell moved and seconded by Cr Godwin-Smith “That Council resolves to refuse the application for a Material Change of Use: Low Impact Industry, Commercial Premises and Caretaker’s Residence on land at 23 Quinn Street, Emerald, described as Lot 2 on RP849410, on the following grounds:

1. The proposed development is in direct conflict with the relevant Desired Environmental Outcomes and intent for the Rural Residential Precinct of the Town Zone, as prescribed by the Emerald Shire Planning Scheme 2011 (Amendment No. 2). No grounds have been advanced by the applicant to justify the approval of the application, despite these conflicts, and no such grounds are considered to exist. Please see Section 3 below for a detailed assessment of the proposed development against the relevant elements of the planning scheme.

2. The proposed development is inconsistent with the existing character and amenity of land uses in the surrounding locality, which is dominated by rural residential dwellings and ancillary activities. The increase in heavy vehicle traffic to and from the subject site, as well as the storage of large vehicles on the subject site, is considered likely to cause significant impacts on the visual and acoustic amenity of the surrounding residential neighbourhood.

3. Areas within the Emerald Township have been appropriately zoned for industrial and commercial

activities, in consideration of the impacts and servicing requirements for such land uses. It is considered that there is sufficient capacity within these areas for new commercial and industrial development and the proposed development is therefore inappropriately located within the Rural Residential Precinct of the Town Zone.

4. Rural residential land in close proximity to the town centre is a valuable resource. It allows residents

to live a semi-rural lifestyle, whilst still having access to the necessary services. The proposed development is therefore considered to be an inappropriate use of the subject site, given its strategic location.

5. It is considered that the existing road network servicing the subject site was designed and

constructed in consideration of residential scale traffic only, given the zoning, location and size of


properties in the locality. It is therefore considered that the increase in heavy vehicle traffic travelling to and from the subject site as a result of the proposed development has not been anticipated and will have significant impacts on the quality and performance of the local road network.

SUBMISSIONS 1. Margo Purcell – 32 Quinn Street Emerald Qld 4720 2. Paul & Jill Ryan – 28 Quinn Street Emerald Qld 4720 (No Appeal Rights) 3. Lex & Robyn Cuskelly – 7 Donnelly Place Emerald Qld 4720 (No Appeal Rights)

Carried (6-1)

It was noted that the verbal advice from L. Lankowski that the applicant requested this morning via email for the following application to be deferred. 1.3 – 4154/12 – Village National Emerald Properties Pty Ltd C/- THG – Roberts Street Emerald – Material Change of Use – Extension to Caravan Park [two hundred & twelve (212) units]

Application No: 4154/12 Applicant: Village National Emerald Properties Pty Ltd C/- THG Owner: Village National Pty Ltd Site Address: Roberts Street, EMERALD Real Property Description: Lot 4 on RP601652, Lot 4 on RP607485, Lot 3 RP601242 and Lot 1

on RP601821 Area of Land: 30,892m2 Current Use of Land: Caravan Park Applicant’s Address: 16 Julia Street

Fortitude Valley QLD 4006 Applicable Planning Scheme: Emerald Shire Planning Scheme

(Amendment No. 2 – 2011) Zone: Town Zone – Residential Precinct Proposal: Material Change of Use: Extension to Caravan Park (two hundred

and twelve [212] units) Approval Type: Development Permit Development Type: Material Change of Use Level of Assessment: Impact Submissions: Nil Referral Agencies: Department of Transport and Main Roads – Concurrence Agency Attachments: Locality Plan Plans of Development DTMR Response Resolution: Cr Sypher moved and seconded by Cr Pickersgill “That the applicant, Village National Emerald Properties Pty Ltd, be advised that a Material Change of Use for an Extension to a Caravan Park [two hundred and twelve (212) units] on land located at Roberts Street, Emerald described as Lot 4 on RP601652, Lot 4 on RP607485, Lot 3 on RP601242 and Lot 1 on RP601821, is refused on the following grounds: 1. The proposed development is materially different to the use applied for being a Caravan Park. It is

considered that the proposed development would be more appropriately defined as an Accommodation Building or Worker’s Accommodation.

2. The proposed development does not achieve compliance with Council’s car parking provision rates,

as specified in Division 7: Schedule B of the Development Standards Code in the Emerald Shire Planning Scheme (Amendment No. 2) 2011. The applicant was given the opportunity to remedy this through an Information Request; however compliance was still not achieved.


3. The development compromises the achievement of Desired Environmental Outcome (a) of the Emerald Shire Council Planning Scheme (Amendment 2 – 2011). The development does not contribute to the range of housing options as the proposed use is intended, whereby the development does not cater to those members of the caravanning and camping general public.

Advisory Note: 1. The application over Stage 1 of the Nogoa Caravan Park expressed future intentions to include

Caravan Sites and larger homesites as part of the Stage 2 development, resulting in Council being satisfied that the development, when completed in its entirety, will still operate as a Caravan Park. The application that has been assessed for Stage 2 does not contain any caravan sites.

Carried

1.4 – 4160/12 – Emerald Christian College C/- Precinct Urban Planning – Gregory Highway Emerald – Material Change of Use – Extend School Application No: 4160/12 Applicant: Emerald Christian College Owner: Christian Covenant Community Inc. Site Address: Gregory Highway, Emerald Real Property Description: Lot 2 on SP173074 Area of Land: 5.521 Ha Current Use of Land: Emerald Christian College Applicant’s Address: C/- Precinct Urban Planning

PO Box 3038 TOOWOOMBA VILLAGE FAIR QLD 4350 Applicable Planning Scheme: Emerald Shire Planning Scheme (Amendment No.2) 2011 Zone: Town Zone: Community Precinct Proposal: Extensions to an existing Community Purpose (Emerald

Christian College) Approval Type: Development Permit Development Type: Material Change of Use Level of Assessment: Impact Referral Agencies: Department of Transport and Main Roads Submissions: Two Attachments: 1. Locality Map

2. Development Plans 3. DTMR Conditions 4. Submissions 5. Applicant’s Response to Submissions

Resolution: Cr Bell moved and seconded by Cr Sypher “That the applicant, Emerald Christian College, be advised that the application for approval of a Development Permit for a Material Change of Use for extensions to an existing Community Purpose (Emerald Christian College) on land located at Gregory Highway, Emerald and formally described as Lot 2 on SP173074 is approved subject to the following conditions: 1. PARAMETERS OF APPROVAL The development of the premises must comply with the provisions of the Council’s Planning Scheme and Local Laws to the extent that they are not varied by this approval. Timing: Prior to commencement of the use of the premises and to be maintained at all times thereafter.


2. APPROVED PLAN The development must be carried out in accordance with the stamped approved plans and documentation as detailed in the following schedule, unless otherwise amended by conditions of this approval.

Plan Title Report / Project / Plan / Document No.

Sheet No.

Rev Plan Date Prepared by

Proposed Site Plan BT110245 / DA01 1 of 16 P10 11.04.2012 BEAT Architects Ground Floor Plan – Primary GLA Block

BT110245 / DA02 2 of 15 P8 11.04.2012 BEAT Architects

First Floor Plan – Primary GLA Block


Roof Plan – Primary GLA Block


Elevations – Primary GLA Block


Ground Floor Plan – Administration Extension


Elevation – Administration Extension


Library Extension Floor Plan


Elevations - Library Extension


Floor Plan & Elevations - Middle School Block 3

BT110245 / DA10 10 of 15

P8 11.04.2012 BEAT Architects

Floor Plan & Elevations – Senior School Amenities

BT110245 / DA11 11 of 15


Floor Plan & Elevations – Manual Arts Extension

BT110245 / DA12 12 of 15


Floor Plan & Elevations - Kindergarten

BT110245 / DA13 13 of 15


Floor Plan & Elevations - Sports Shed

BT110245 / DA14 14 of 15


Floor Plan – Staff Accommodation

“the Balonne” - - 30.10.2012 West Built Quality Homes Pty Ltd

Site Based Stormwater Management Plan

B13029.W-01A - - May 2013 Brown Consulting

This approval has a currency period of four (4) years and will remain in force until 10 July 2017. Should the development not be completed within this timeframe, this approval will lapse. A new application will need to be made to Council, unless an approval has been obtained for an extension of this period. Timing: Prior to commencement of the use of the premises and maintained at all times thereafter. Advisory Note: The relevant period of this approval with is in accordance with Section 341 of the Sustainable Planning Act 2009. 3. APPROVED USE The use permitted as part of this approval is an extension to a Community Purpose (Emerald Christian College) having a total gross floor area (GFA) (including covered areas) of 6,454m2 comprising existing


GFA (including covered areas) of 3,793m2 and approved GFA (including covered areas) of 2,661m2. Advisory note: Figures consider the removal of 19m2 of GFA of an existing shed. Timing: To be maintained at all times after commencement of use of the premises. 4. DECISION NOTICE AND APPROVED PLANS TO BE SUBMITTED WITH SUBSEQUENT

APPLICATION A copy of this decision notice and accompanying stamped approved plans must be submitted with any building development application relating to or arising from this development approval. Timing: At the time of lodgement of Building Application. 5. DECISION NOTICE AND APPROVED PLANS TO BE RETAINED ONSITE A copy of this decision notice and stamped approved plans must be retained on site at all times. This decision notice must be read in conjunction with the stamped approved plans to ensure consistency in construction, establishment and maintenance of approved works. Timing: To be maintained at all times. 6. AMENITY – LANDSCAPING Landscaping and associated earthworks, site preparation and other necessary works must be completed in accordance with the approved landscape plan. Timing: Prior to commencement of use of the premises and at all times thereafter. 7. AMENITY – LANDSCAPE DESIGN REQUIREMENTS Landscaping must be carried out in accordance with an approved, scaled landscape drawings prepared by a suitably qualified professional. The landscape plan shall contain species which shall screen the development from the streetscape. The plans shall contain the following minimum information:

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

● Specify vegetation to be retained and that to be removed;

● Any structures or significant vegetation on adjoining properties that could impact upon the site;

● Existing contours and proposed finished levels for earthwork;

● Location of existing and proposed services;

● Location and detail of subsurface, stormwater drainage and overland flow path of grassed swales;

● General identification of hard and soft landscape treatments;

● Location, species’ botanical name, numbers, pot size and mature height of all proposed planting; and

● Location of slope batters steeper than 1:4. Before commencing the works, approval for the landscape plan is to be obtained from the Chief Executive Officer, or delegate. Advisory note: This condition can be satisfied through the lodgement of a Compliance Permit to Council’s Development Assessment Unit.


Timing: Prior to commencement of use of the premises and to be maintained at all times thereafter. 8. AMENITY – SERVICE EQUIPMENT

(a) All service equipment, including air conditioning units and lighting must be located so as not to cause a nuisance to the occupants of adjoining and neighbouring premises; and

(b) All service equipment (including mechanical equipment, air conditioning units, etc.) must be contained within screened structures of a similar colour and character to the main building structure and screen all service equipment from view from adjoining properties and roads.

Timing: Prior to commencement of use of the premises and to be maintained at all times thereafter. 9. AMENITY – HOURS OF CONSTRUCTION Construction work that makes or causes audible noise must only be carried out on site on Mondays through to Saturdays between the hours of 6:30am and 6:30pm. Any construction work outside of these hours, including Sundays and public holidays must have the prior written approval of the Chief Executive Officer, or delegate. Timing: To be maintained at all times during construction works 10. CONSTRUCTION MANAGEMENT – EMISSIONS Operate the use so that there is no interference with the amenity of the area or detriment effect on any person by reason of noise, vibration, odour, fumes, smoke, vapour, steam, soot, ash, wastewater, waste products, grit, oil or otherwise. Timing: To be maintained at all times after commencement of use of the premises. 11. AMENITY – PRIVACY SCREENING The staff accommodation buildings shown on the approved plans must be constructed to achieve the following building design standards:

(a) Internal fencing must be erected between each dwelling unit to a minimum height of 1.5 metres for the purpose of screening private open space.

(b) Appropriate privacy screening must be provided at all times where any habitable room window has a direct outlook to another habitable room window in another dwelling unit on the site or adjoining land.

(c) Appropriate privacy screening must be provided where any deck, balcony or window attached to a dwelling unit has a direct outlook onto private open space of another dwelling unit on the site or adjoining land.

Timing: Prior to commencement of use of the premises and maintained at all times.

12. AMENITY – WASTE MANAGEMENT In accordance with the Environmental Protection (Waste Management) Regulation 2000 waste containers are to be located as follows:

� A fixed position at ground level close to the rear alignment of the building; or � At such other position as may be directed by the Chief Executive Officer, or delegate.

In accordance with the Environmental Protection (Waste Management) Regulation 2000 the waste container storage area is to be constructed as follows:


� Imperviously paved and suitably drained; � Fitted with a suitable hose cock and hose in the vicinity of the paved area; and � Screened with a suitable form of enclosure.

Maintenance and cleaning of waste containers must be carried out by a cleaning contractor or in an area where contaminants cannot be released into stormwater drainage, a roadside gutter, water or onto unsealed ground. Timing: Prior to commencement of use of the premises. 13. AMENITY - SERVICE VEHICLES The operation of waste collection services is limited to between the hours of 6:30am and 6:30pm Monday to Saturday, as follows:

(a) Loading and unloading operations must be conducted wholly within the site;

(b) Vehicles waiting to be loaded and unloaded must stand entirely within the site; and

(c) Vehicles must enter and exit the site in a forward gear.

Timing: To be maintained at all times after the commencement of the use of the premises. 14. AMENITY – LIGHTING Use angle or shade lighting to illuminate the premises, so the light does not directly illuminate or cause any environmental nuisance (e.g. glare) to nearby premises or roads. The Applicant must install lighting along all publically accessible pedestrian and bicycle connections within the development, at no cost to Council. The design and construction of the lighting system must provide a consistent level of light, to meet minimum requirements of Australian Standards AS1158. Timing: Prior to commencement of use of the premises. 15. DISABILITY DISCRIMINATION ACT Provision is to be made within the development for disabled access in accordance with Australian Standard 1428 and is to take into account the Disability Discrimination Act 1992 and the Anti-Discrimination Act 1991. Timing: Prior to commencement of use and at all times thereafter. 16. OFF-STREET CAR PARKING PROVISIONS Provide a minimum of 111 car parking spaces and loading/unloading facilities, in accordance with the approved plans to service the entire development. A minimum provision of two (2) covered car parking spaces must be provided for the approved staff accommodation. Off-street car parking facilities must be designed, constructed and maintained to the satisfaction of the Chief Executive Officer and at no cost to Council, in accordance with the following:

(a) The off-street car parking facilities (including all access driveways, circulation roadways, parking aisles, parking spaces, service areas and landscaping) must be in accordance with:

a. Stamped Approved Plans;

b. Australian/New Zealand Standards AS/NZS 2890.1:2004 – Parking Facilities – Part 1: Off-street Parking except that the car park width is required to be 2.75m; and

c. Any provision for Disabled Parking is to be in accordance with AS/NZS 2890.6 – Parking Facilities – Off Street Parking for people with disabilities.


(b) The off-street car parking facilities must only be used for vehicle parking;

(c) The off-street parking and loading/unloading facilities must be drained and sealed to a reasonable standard and acceptable to a RPEQ qualified Engineer.

Advisory note: Attention is drawn to Department of Transport and Main Road’s conditions regarding bus set-down and bicycle parking facility provisions.

Timing: Prior to commencement of use of the premises and to be maintained at all times thereafter. 17. INTERNAL SERVICES ROAD The internal service road must be designed and constructed in accordance with the approved plans and must include the following:

(a) a single lane carriageway 3 metres in width generally in accordance with the approved plans; (b) the provision of a truck turning bay at the end of the single lane carriage way to facilitate waste

collection or the manoeuvring of any other delivery truck so that all vehicles are able to exit in a forward direction; and

(c) sealed in accordance with the Council’s standards together with associated drainage works for the full length of the internal services road.

Timing: Prior to the commencement of use of the premises. 18. CRIME PREVENTION The Applicant must apply Crime Prevention Through Environmental Design (CPTED) principles in the detailed design to promote opportunities for casual surveillance and to include clear sightlines. This is to include, but not limited to:

(a) Visibility through vegetation to be clear to a minimum height of 1.8 metres adjacent to pedestrian and bicycle routes within the development;

(b) Clear sightlines along pedestrian footpaths within the site including to/from the educational establishment buildings, place of assemblies, kindergarten, car parking area and student drop-off/pick-up zones;

(c) Safe and accessible paths of travel including clear directional signage to be maintained during the construction phase. Barriers to be placed in a way that does not create hidden corners or potentially entrapment zones.

Timing: At all times. 19. EASEMENTS An easement must be provided to Council for any sewerage, water or drainage network that passes through the site and is of benefit to another allotment. Any such easement must be of an adequate width to protect the infrastructure. The minimum width of any easement shall be 4.0m. Any such easement will be provided at no cost to Council. Timing: Prior to the commencement of use of the premises. 20. PROVISION OF UTILITIES Documentary evidence to the Chief Executive Officer or delegate must be provided from relevant electrical and telecommunication service providers confirming that satisfactory arrangements have been made for the provision of such services. Timing: Prior to the commencement of use of the premises. 21. STORMWATER MANAGEMENT Stormwater from the development and the playing fields must be designed and constructed:


(a) in accordance with the recommendations, actions and measures contained in the “Site Based Stormwater Management Plan” dated May 2013 prepared by Brown Consulting and the letter from Brown Consulting dated 24 June 2013;

(b) so as to result in no increase in peak flow rates downstream from the site; (c) so as to result in no increase in flood levels external to the site; and (d) so as to result in no increase in duration of inundation external to the site that can cause loss or

damage. Overland flow paths on the site must not be altered in a way that inhibits or alters the characteristics of existing overland flows on other properties or that creates an increase in flood damage on other properties. The Applicant must ensure that as far as practical, rainwater is collected and reused for irrigation purposes, toilet flushing, washing, etc. The Applicant is responsible for securing all necessary approvals to ensure that such collection and reuse of rainwater is undertaken lawfully. Adequate engineering devices must be utilised to minimise nuisance flows into adjacent properties (field inlet in landscaping, overflow bypass connected to a legal point of discharge). All works must be designed in accordance with the Capricorn Municipal Development Guidelines (CMDG), the Queensland Urban Drainage Manual (QUDM) and Water Sensitive Urban Design (WSUD). Advisory note: The applicant must update the stormwater management plan as necessary to address any changes in the development design or construction approach. Any update must reflect current standards and best practices applying at the time. The updated stormwater management plan must be submitted to Council for approval before it can become the approved stormwater management and be applied to the site. Once approved, the updated stormwater management plan must be complied with. Timing: Prior to the commencement of use of the premises. 22. STORMWATER MANAGEMENT PLAN TO BE COMPLIED WITH The Applicant must submit certification from a Registered Professional Engineer Queensland (RPEQ) specialised in stormwater management confirming that all works have been carried out and completed in accordance with the approved “Site Based Stormwater Management Plan” dated May 2013 prepared by Brown Consulting. Timing: The certification must be submitted prior to the commencement of the use of the premises. 23. EARTHWORKS All fill and associated batters must be undertaken in accordance with an Operational Works approval, and contained within the subject site unless written permission from the respective landowner(s) is provided to Council. Any retaining walls must be constructed from long lasting materials but not timber or treated timber. Timing: At Operational Works Application Stage 24. EROSION & SEDIMENT CONTROL

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

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

Timing:

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


25. SEWERAGE SUPPLY SYSTEM – CONNECTION Sewerage reticulation must be provided within the development, including connections to the existing system. All works must be carried out in accordance with Council’s standards. The developer is responsible for all costs associated with the connection and inspection of the proposed works. Only one connection point is permitted for the site. Advisory note: sewerage works must not be carried out until a Compliance Permit under the Plumbing and Drainage Act 2002 has been issued by Council for the works. Plumbing and drainage approval is not an approval to discharge trade waste to Council’s wastewater system. The generator of the trade waste must complete an Application for Approval to Discharge Trade Waste to Council’s Wastewater System (available on Council’s website) prior to discharging any trade waste. Timing: Prior to commencement of use of the premises. 26. WATER SUPPLY – CONNECTION Water supply reticulation must be provided to within the development, including a metered connection to the existing system. All works must be carried out in accordance with Council standards. Only one connection point to Council’s main is permitted. The developer is responsible for all costs associated with the connection and inspection of the proposed works. Advisory note: water supply plumbing works must not be carried out until a compliance permit under the Plumbing and Drainage Act 2002 has been issued by Council for the works. Timing: Prior to commencement of use of the premises. 27. FIRE SERVICES The Applicant must make an application to Council (Plumbing Section) for a compliance permit for all fire services plumbing work within the property. Without limiting the requirements of the Plumbing and Drainage Act 2002 with which the works must comply, the application must be accompanied by a hydraulic design for all fire services within the property. Advisory note: plumbing works for fire services must not be carried out until a compliance permit under the Plumbing and Drainage Act 2002 has been issued by Council for the works. Timing: Prior to the commencement of the use of the premises. 28. DEVELOPMENT STANDARDS – FINISHED FLOOR LEVEL Minimum Habitable Finished Floor Levels are to be in accordance with the Building Act 1975. Timing: Prior to the commencement of use 29. CONSTRUCTION MANAGEMENT PLAN The works identified in this Decision Notice will be required to be carried out in accordance with a Construction Management Plan endorsed by Council through an approval for Operational Works. In particular, the preliminary Construction Management Plan should address the following:

(a) a Traffic Management Control Plan:

(i) detailing all temporary signage and traffic control measures prior to construction; and (ii) maintenance of safe pedestrian access across the frontage of the site both during daily

construction and after daily construction has ceased; and (iii) proposed fencing to the site during the construction phase of the development.

(b) maintenance and protection of water quality and existing drainage lines through the construction site, through the implementation of appropriate erosion and sediment control measures.


(c) works programme identifying key components of the works and their respective durations. Advisory note: this should include any requirements for temporary structures such demountable buildings directly associated with the construction activities and/or construction workers accommodation.

(d) establishment of a communication protocol with the general public, adjoining owners, emergency services and local businesses to advise of agreed construction times, impacts on traffic and services and other relevant issues.

(e) identification of complaint management procedures including:

(i) contact details for the on-site manager; and (ii) dispute resolution procedures.

Timing: At Operational Works Stage and to maintained prior to the commencement of the use. 30. DEVELOPMENT STANDARDS - CIVIL WORKS CONSTRUCTION All works, services, facilities and/or public utility alterations required by this approval shall be at the applicant/owner’s expense unless otherwise specified. The construction of all the works shall be undertaken in accordance with good engineering practice and workmanship and generally in accordance with the provisions of the Capricorn Municipal Development Guidelines. The applicant/owner shall be responsible for the maintenance of all the works associated with the proposal. The applicant must ensure that the filling and drainage work associated with the stormwater management of the site (particularly the north western and south western corners of the land) are properly maintained to ensure that up-stream properties are not adversely affected. Timing: Prior to commencement of use and at all times thereafter. 31. CIVIL WORKS CONSTRUCTION – SUPERVISION OF WORKS The construction of all works associated with the proposal shall be supervised by a registered engineer whose appointment shall require approval of the Chief Executive Officer of delegate. On completion of the works the applicant/owner shall give to the Council a Certificate from the Engineer stating that the work of constructing the operational works has been completed in accordance with the approved plans and specification approved by Council. Timing: Prior to the commencement of use of the premises. CONCURRENCE AGENCY’S CONDITIONS

1. DEPARTMENT OF TRANSPORT AND MAIN ROADS Department reference: TMR 12-004516 Date: 11 January 2013 Real Property Description: Lot 2 on SP173074 Proposed Development: Development Permit for a Material Change of Use for a Community Purpose – School Extensions SUBMITTERS 1. David McMaster, DMK Trust Pty Ltd – 10 Guy Street, Emerald QLD 4720; 2. Lloyd Tasker – 7 Oxley Court, Emerald QLD 4720;


ADVICE 1. Rights of Appeal

The applicant has a right of appeal to the Planning and Environment Court regarding the decision, pursuant to Section 461 of the Sustainable Planning Act 2009. Submitters who made a properly made submission have a right of appeal to the Planning and Environment Court regarding this decision, pursuant to Section 462 of the Sustainable Planning Act 2009.

2. Properly Made Submissions There were properly made submissions about the application. The name and address of the principal submitter or each properly made submission is attached to the Decision notice.

3. Aboriginal Cultural Heritage Take all reasonable care and practicable measures to ensure the activity does not harm Aboriginal cultural heritage (the “cultural heritage duty of care”) Maximum penalties for the duty of care are $1,000,000 for a corporation and $100,000 for an individual. Act in accordance with cultural heritage duty of care guidelines gazetted under the Aboriginal Cultural Heritage Act 2003, available on DERM’s website, or in accordance with an agreement with the Aboriginal party of the area or a cultural heritage management plan approved under Part 7 of the Aboriginal Cultural Heritage Act 2003. Undertake a search of the Aboriginal Cultural Heritage Database and the Aboriginal Cultural Heritage register, administered by the Cultural Heritage Unit, Department of Environment and Heritage Protection (DEHP). Application forms to undertake a free search of Cultural Heritage Register and the Database may be obtained by contacting the Cultural Heritage Coordinator Unit on (07) 32393647 or DEHP’s website www.dehp.qld.gov.au/culturalheritage.

Carried Delegated Approvals Resolution: Cr Pickersgill moved and seconded by Cr Bell “That the following delegated approvals ( 6 ) be received”. Former Shire of Bauhinia 2.1 – 4166/11 - GL & PA Swindale Pty Ltd – Cnr Charles & Cairdbeign Streets Springsure – Reconfiguring

a Lot – one (1) lot into three (3) lots – Permissible Change Former Shire of Emerald 2.2 – 4071/12 – Frank Newnham C/- Murray & Associates (Qld) Pty Ltd – 94 Anakie Street Emerald –

Material Change of Use – Multiple Dwelling [six (6) units] – Permissible Change 2.3 – 4017/13 – Simon Contractors C/- Des Skinner Design & Drafting – 27 Wills Road Emerald – Material

Change of Use – Vehicle & Goods Depot & Motor Vehicle Workshop 2.4 – 4029/13 – Michael Ebert C/- Murray & Associates (Qld) Pty Ltd – Codenwarra Road Emerald –

Reconfiguring a Lot – one (1) lot into four (4) lots 2.5 – 4032/13 – Central Highlands Regional Council – 46 School Lane Emerald – Material Change of Use –

Accommodation Building Former Shire of Peak Downs 2.6 – 4189/12 – SCN Pty Ltd (MR & SA Weston) C/- Murray & Associates (Qld) Pty Ltd – 125 & 127 Peak

Downs Street Capella – Reconfiguring a Lot – two (2) lots into four (4) lots

Carried


Request for Remission of Development Contributions - Blackwater Tiny Tots Centre Inc. Resolution: Cr Cracknell moved and seconded by Cr Pickersgill “That Council agree to waive the infrastructure charges due to the applicant being a non for profit organisation”.

Carried Adjournment The meeting adjourned for morning tea at 10.28am and resumed at 10.57am Regional Development Australia Fund Round 5 Resolution: Cr Bell moved and seconded by Cr Cracknell “That Council make applications to apply for Regional Development Australia Round 5 funding for the following projects:

1. Refurbish Senior Units throughout the region 2. Blackwater Crushers Seniors lighting 3. Emerald PCYC building refurbishment – air-conditioning and repaint 4. Emerald Rugby League grounds lighting 5. Mobile Toilet Facilities for across the region”

Carried

Acceptance of the General Manager – Community and Development Services’ Report Cr Godwin-Smith moved and seconded by Cr Cracknell ‘That the General Manager – Community and Development Services’ Report and Monthly Information Bulletin be received.’

Carried

LATE AGENDA ITEMS

CHIEF EXECUTIVE OFFICER’S REPORT Amended Starting Times for Council Meeting 2013 Resolution Cr Godwin-Smith moved and seconded by Cr Bell “That the starting times for the General Council Meetings as listed change from 2.00pm to 9.00am.”

July 2013 Wednesday 10 July 2013 Wednesday 24 July 2013

August 2013 Wednesday 14 August 2013 Wednesday 28 August 2013

September 2013 Wednesday 11 September 2013 Wednesday 25 September 2013

October 2013 Wednesday 16 October 2013 Wednesday 30 October 2013


November 2013 Wednesday 13 November 2013 Wednesday 27 November 2013

December 2013 Wednesday 11 December 2013

January 2014 Wednesday 15 January 2014

Carried

Funding Opportunity: Queensland Disaster Mitigation and Resilience Funding Resolution: Cr Godwin-Smith moved and seconded by Cr Maundrell “That Council develops a proposal and make applications for the following projects:

1. Removal of excess vegetation from River; 2. Look at removing some of the impediments to the flow of water along the river banks starting at the

Selma Weir. Include river bed and banks; 3. Identify and clean up flows paths around town and cease filling in places where water backs up into; 4. Sort out the Moffat Road impediment previously identified in C & R Report; and 5. Widen LN1 including Gregory Highway culverts.”

Carried

GENERAL BUSINESS Attendance Cr Maundrell left the meeting at 11.42am Queensland Weed Symposium Conference Resolution: Cr Bell moved and seconded by Cr Pickersgill “That Cr Brimblecombe be authorised to attend the Queensland Weed Symposium Conference as Council representative to be held in Hervey Bay on 15 – 18 July 2013.”

Carried Attendance Cr Maundrell returned to the meeting at 11.44am (Verbal matters raised by Councillors either as a question, acknowledgement and or additional follow-up by officers)

Councillor Details Action

Cr Pickersgill • Royalties for the Regions Application where are we at with our applications. Can we submit an application for the East Nogoa Water Treatment Plant.

It was advised that the Arcadia Valley is being lodged as a priority project

• Sunwater rating issue for the water – Why are we charging the ratepayers for monies that we are not being charged, and that it is not fair on the families in the community

GMOSS advised that charges were done based on the information available to Council at the time. Local Government Act compliance means that Council can set the budget only once.


Councillor Details Action

Cr Cracknell • Street lighting in Blackwater – Can we arrange for an audit to be done, quite a few areas that appear to be very dark

GMIAPF coordinate audit and then advise Ergon

• Street sweeper – Blackwater area does not appear to be done at the moment

GMIAPF to check the condition of the street sweeper

• Acknowledge the work from Josh & Thalia for the Sister Cities Student Exchange program

Cr Maundrell • Valuation for GP Super Clinic – have we received it at all?

CEO advised that advice has been received and will be sent to Councillors

• Delegated decisions to CEO – would like to see the flooding reports for the Echidna Valley

CEO / GMCDS to follow up

• East Nogoa Water Treatment Plant – concerns it should have been commenced years ago

It is a current project

CLOSED SESSION Into Closed Session Resolution: Cr Bell moved and seconded by Cr Sypher “That Council moves into closed session under Section 275 (1) (C) of the Local Government Regulation 2012 that the meeting be closed to the public to discuss Council the local government budget.”

Carried Conflict of Interest Crs Maguire and Bell considered a perceived conflict of interest on the BICC could exist, however they considered their position and were firmly of the opinion that they could participate in the debate on this matter in the public interest. Out of Closed Session Resolution: Cr Godwin-Smith moved and seconded by Cr Sypher “That the meeting now be opened to the public.”

Carried

CLOSURE OF MEETING There being no further business, the Mayor closed the meeting at 12.21pm CONFIRMED MAYOR DATE

General Meeting of Council - Central Highlands Region

Documents

Transcript of General Meeting of Council - Central Highlands Region