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Agenda – Planning & Environment Committee 11/11/09 - #2330569

PLANNING & ENVIRONMENT COMMITTEE

11 NOVEMBER 2009

1 REVIEW OF MATTERS RAISED IN A PETITION PRESENTED TO COUNCIL IN MAY 2008 REGARDING THE SPECIAL CHARGE FOR DREDGING AT BLUEWATER AND ASSOCIATED SUBMISSIONS. S. Tyter:23/8/1:#2329422v2

RECOMMENDATIONS: Council resolve to: 1. Note the report. 2. That a copy of the report is sent to the Principal Petitioner as well as all

signatures and residents of Riverside Parade. 3 That Council note the Ombudsman’s findings and that a review has been

requested by the complainant but not yet completed.

INTRODUCTION: At the Works & Services Meeting on the 16 September, 2009, it was requested that a petition and submission prepared originally presented to Council at it’s Ordinary Meeting of 29 May 2008 regarding a number of matters including payment of the special charge for maintenance dredging for the Bluewater canals, be reconsidered (refer DM5 #1700844). The resolution was “That Council officers reconsider the May 2008 petition which was lodged for Reed Road Public Boat ramp and a report to be presented back to Council”. This report presents advice for Council in relation to the matters raised in the petition and associated submission. The matters assessed as remaining unresolved as a result of the petition are presented below:

● The special charge to cover maintenance dredging of the Bluewater canals and offshore channel.

● Complaints from residents in Riverside Parade about noise from the boat ramp.

● Shallow water in front of his residence. ● Dust at the lower end of Reed Road.

COMMENT:

Special Charge – Dredging of Bluewater Estate and the Navigable Channel seaward of the mouth of Half Moon Creek

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The special charge is approved each year by Council resolution. The former Department of Local Government, Planning, Sport and Recreation and the Council’s lawyers have been closely involved each year in the formulation of Council’s resolution on the special charge. The complainant made representations to Council in 2006 and was granted exemption from the special charge because of the shallow water in front of his residence, and difficulty he would have trying to install a pontoon. With that exemption, he is the only resident or berth owner of the 444 on the canal system and in the marinas who does not pay the special charge. The petition suggested that the special charge now levied on 443 property and mooring berth owners, was “ridiculous and unfair”. The complainant has had the matter reviewed the Ombudsman since organising the petition. On June 30, 2009 the Ombudsman advised Council that - “Our investigation has established that the complainant is not levied with the special charge due to difficulty in accessing the navigable parts of the waterway from his premises. Other properties in Riverside Parade are levied with the special charge at 75% of the standard rate as, in the Council's opinion, they derive some special benefit from maintenance of the access and offshore channels” and “Our investigation has concluded that neither complaint issue can be sustained. The complainant has been notified accordingly. Subject to any request from the complainant for a review of our decision, our file on this complaint has been closed”. Shallow water in front of his Riverside Parade property and sediment This is the other matter the Ombudsman refers to above. In addition to the above, he advised on the 30 June, 2009 that “In relation to the Council's dredging program for the canal, it is noted that the approved As-Constructed plans for the canal preclude dredging of the siltation area referred to above and within the 29m buffer strip adjacent to the Riverside Parade properties”. The complainant was not satisfied with the Ombudsman’s decision, and immediately requested a review of the decision. The review is still to be completed. Boat Ramp The matter is one currently under investigation by Department of Transport and Main Roads (DTMR) in an attempt to develop a management strategy for the future. DTMR owns the ramp. The complainant wants use of the ramp restricted, but from the public’s point of view this would be awkward for recreational fishing with tides, and introduces obvious safety issues if the ramp is not available for use 24 hours a day This matter is the subject of a separate report to Council.

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Dust at the lower end of Reed Road Council does not own the land at the end of Reed Road. It is freehold land owned by the Gasparin Group, and it is currently the subject of a development application for extensive resort, commercial and residential development. People cross that land to go to the beach. Council did seek the Gasparin group’s agreement to putting a light bitumen seal on the track for about 50m into the land. The agreement was not forthcoming. Their concerns were that this would invite vehicle use and misuse of the land. Council respected their views and did not pursue the proposal further. The land is clearly signed the land as private. Council does own a 10 metre wide strip of land at the northern end of the Gasparin land. It could be developed as a walkway to the beach. However it is to narrow for a road and is certainly not playing any role in the creation of any dust. Any dust comes from public use or misuse of the Gasparin land with motor vehicles. Fences bring on another set of problems including restricted access to the beach, safety issues, etc Matters raised again by the complainant in his further submission dated 28 October, 2009 Issues regarding the Bluewater development (above Reed Road) are being addressed by Council in terms of the conditions set with Council’s approval of that development. When the area in front of the boat ramp was cleaned in 2008, much of the material was quite fine, indicating contribution fro the sea as well as the catchment. The current work referred to in Moores Gully had not commenced when the ramp was cleared. Comments about the canal and Council’s responsibilities have been the subject of investigation by the Ombudsman. On the 30 June, 2009, the Ombudsman advised Council that the complaints issue could not be sustained. Having called on the Ombudsman to carry out a review of his investigation, the complainant should await the outcome of that review before continuing to make the allegations made again on the 28 October, 2009 Documents provided to the complainant The complainant first sought under the FOI Act all design details, drawings, and Council reports, approvals and correspondence in relation to the construction and approval of the Bluewater development. At that time he was convinced that the design of the Marina site was contributing to the shallow water levels in his corner of Moores Gully. Council prepared this material. When advised that there would make a small charge for preparing this voluminous amount of material (in line with FOI guidelines), the complainant did not pick it up. More recently (in the last two months) under the now RTI Act, he requested copies of all documents bearing his personal name or address relating to his complaints in regard to

● The Bluewater boat ramp. ● Dust nuisance at the bottom of Reed Road, Trinity Park. ● Parking problems at the Bluewater Boat Ramp. ● Siltation of the canal at Bluewater or Moores Gully.

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Those documents were prepared by Council and forwarded to him in mid October, 2009. CONSIDERATIONS: Corporate and Operational Plans: In accordance with the intent of Goal 8, Community Engagement of the Corporate Plan, Council Officers have continued to try to explain the reasons behind Council’s advice to residents of Bluewater and Riverside Parade on these matters, and the basis for Council’s decisions in relation to the special charge for maintenance dredging. In accordance with the intent of Goal 10, Governance, Council Officers have complied fully with the requirements of the FOI and RTI legislation and the Ombudsman’s investigation, to minimise the risk of anything but timely and effective outcomes for Council in it’s management of the Bluewater canals. Financial and Risk: Considerable staff resources have been expended over a number of years to address the complainants concerns and attempt to reach resolutions on these matters.

Unless determined otherwise by the Ombudsman, officers now contend that Council it has exercised is obligations with respect to management of issues at Bluewater and that no future correspondence will be entered into.

CONSULTATION: There has been extensive consultation and communication particularly with the complainant on these matters. Council has provided all it has to lawyers, State information agencies, and the Ombudsman. The complainant and one or two others supporting the petition have communicated with Council and visited the Council’s offices. Council Officers from Rates, Local Law, Cairns Works (Maintenance), Infrastructure Management and Corporate Services have been involved in this matter. Council established a consultative committee that advised it on matters related to maintenance dredging and the determination of the special charge. The committee helped Council develop a sound basis for distributing the cost and setting the special charge. The committee is still consulted on an informal basis in relation to the necessary maintenance program and the likely quantum of the special charge.

CONCLUSIONS: In relation to the matters raised in the petition and associated submission, officers contend: - Special charge – Councils special charge is legitimate in terms of legislation and law.

The Ombudsman advised Council on the 30 June, 2009, that complaints about the charge could not be sustained. However he has requested a review of that decision.

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- Shallow water in front of 43 Riverside Parade and sediment - Ombudsman advised

Council on the 30 June, 2009 that complaints about the shallow water and sediment in front of his Riverside Parade and Council’s alleged failure to meet it’s responsibilities in that regard, could not be sustained. However he has requested a review of that decision.

- Noise from the boat ramp – Queensland Transport is in the process of attempting to

develop a management strategy for the future for this ramp. This may or may not involve Council. Sooner or later, the proposed Tavern will be built adjacent to the ramp and no doubt decisions in relation to the ramp will need to take into account the likely ultimate development of that whole Bluewater Marina area.

- Dust at the lower end of Reed Road – currently Council has an application for

subdivision of the Gasparin land, Lot 3 on RP745338, into three lots. It is obvious that later there may be substantial development applications made for these lots. When that happens, new roads and a new two lane bridge across Moores Gully will need to be constructed adjacent to his property. At the moment Council has attempted to minimise dust by carrying out maintenance as necessary in the area. However, when development of Lot 3 starts, it will be a different picture and in the hands of the developers.

The Bluewater development, Marina site, public boat ramp, and vacant Gasparin land with it’s public use, and perhaps misuse, were all there and obvious when he purchased his Riverside Parade at auction in 2005. Council has done what it can with the limits of the authority, legislation and advice it has, but unfortunately it cannot necessarily provide all the improvements in the vicinity of his Riverside Parade that he seeks.

ATTACHMENTS: Attachment 1: Copy of the petition presented to Council in May 2008 (DM5 #1700844). STEPHEN TYTER Manager Infrastructure Management PETER TABULO Acting Chief Executive Officer

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Attachment1: Copy of petition presented to Council in May 2008 (DM5 #1700844).

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Example of the form of petition signed by respondents listed in table:

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List of petitioners who signed proforma:

Name Date Address John O’Grady 24/04/08 43 Riverside Parade, Trinity Park, QLD 4879Mel Hadett 30/04/08 7 Apollo Quay, Trinity Park, QLD 4879 Matt Hadett 30/04/08 7 Apollo Quay, Trinity Park, QLD 4879 Penny Fitzroy 26/04/08 95 Harbour Drive, Trinity Park, QLD 4879 Greg Roberts 29/04/08 26 Brindabella Quay, Trinity Park, QLD 4879Oliver Burrows 28/04/08 28 Riverside Parade, Trinity Park, QLD 4879J.A. Langrell 27/04/08 25 Riverside Parade, Trinity Park, QLD 4879Bill Izard 29/04/08 29 Riverside Parade, Trinity Park, QLD 4879Mike Fitzroy 26/04/08 95 Harbour Drive, Trinity Park, QLD 4879 Judy Hope 29/04/08 80 Harbour Drive Trinity Park, QLD 4879 J . Walters 29/04/08 41 Riverside Parade, Trinity Park, QLD 4879David Sutton 25/04/08 14 Brindabella Quay, Trinity Park, QLD 4879Mary Sutton 25/04/08 14 Brindabella Quay, Trinity Park, QLD 4879David Hockey 28/04/08 Lot 124, Harbour Drive, Trinity Park, QLD

4879 Suzanne Hockey 28/04/08 Lot 124, Harbour Drive, Trinity Park, QLD

4879 Tammy Thornton 27/04/08 21 Riverside Parade, Trinity Park, QLD 4879S E Allwood 28/04/08 1 Brindabella Close, Trinity Park, QLD 4879 W R Hearl 24/04/08 23 Riverside Parade, Trinity Park, QLD 4879Scott O’Reilly 24/04/08 73 Harbour Drive, Trinity Park, QLD 4879 Tom Hinrichs 24/04/08 19 Brindabella Quay, Trinity Park, QLD 4879Jayne Hinrichs 24/04/08 19 Brindabella Quay, Trinity Park, QLD 4879Glen Fawcett 30/04/08 43 Riverside Parade, Trinity Park, QLD 4879Bruce H. Le Corno 23/04/09 Lot 125 Harbour Drive, Trinity Park, QLD

4879 Bruce H. Le Corno 23/04/09 37 Riverside Parade, Trinity Park, QLD 4879Shane Anderson 25/04/09 23 Brindabella Quay, Trinity Park, QLD 4879

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