Original Council Agenda - Southern Downs Regionagendaarchive.sdrc.qld.gov.au/Minutes/2009/General...

SOUTHERN DOWNS REGIONAL COUNCIL

GENERAL MEETING OF

COUNCIL

MINUTES OF THE GENERAL MEETING OF COUNCIL

Held in the Council Chambers, 61 Marsh Street, Stanthorpe on

Monday, 25 May 2009 at 9.06 am

General Meeting of Council - 25 May 2009

MONDAY 25 MAY 2009 General Meeting of Council ORDER OF BUSINESS: ITEM PRECIS PAGE

1. PRESENT 6

2. APOLOGIES 6

3. CONDOLENCES 6

3.1 Condolences for the Period Ending 22 May 2009 6

4. READING AND CONFIRMATION OF MINUTES 6

5. RESUMPTION OF DEBATE ON MOTIONS OR ORDERS OF THE DAY LAPSED AT PREVIOUS MEETINGS

6

6. READING AND CONSIDERATION OF CORRESPONDENCE 7

6.1 Correspondence Received for the Period Ending 22 May 2009 7

7. RECEPTION AND READING OF PETITIONS AND JOINT LETTERS 7

8. PLANNING AND ENVIRONMENT COMMITTEE REPORTS 8

8.2 Proposed Planning Scheme Amendment for the Ballandean Community

8

8.5 Waste Strategy Implementation Plan 8

8.10 Material Change of Use - The Goomburra Trader, North Branch Road, Goomburra

11

8.10.1 Call for Expressions of Interest for Supervision of Forest Springs Bin Compound

12

8.11 Reconfiguration of Lots - A Fontana, Glen Road, Rosenthal Heights 12

8.12 Reconfiguring a Lot - M, T & J Gasparin: Dalcouth Road, Dalcouth 13

8.1 Southern Downs Planning Scheme 15

8.3 Application for Liquor Licence 15

8.4 Animal Management (Cats and Dogs) Act 2008 15

8.6 Request for Negotiated Decision - Toowoomba Regional Council: 5723 Toowoomba-Karara Road, Leyburn

16

8.7 Low Impact Industry (Machinery Depot), C Ryan, 151 Schoch Road, Rosenthal Heights

18

8.8 Request to Negotiate Decision Notice - MCU - E Michelon: 117 Stalling Lane, Nundubbermere

18


ITEM PRECIS PAGE

8.9 Request for Negotiated Decision - R Surch, 53 Kenilworth Street Warwick

24

8.13 Mt Tabor Stormwater, Water Supply and Roads Investigations 24

8.14 Review of Engineering Standards 25

8.15 Additional Fees for Planning & Environment Department 25

8.17 Shipping containers at 1 King Street, Yangan 25

9. COMMUNITY SERVICES COMMITTEE REPORTS 26

9.1 Director Community Services Report 26

9.2 Library Fines 26

9.3 Cunningham Rail Link 26

9.4 Kumiyama Civic Delegation 2009 27

9.5 Membership of the International Relations Community Group 27

9.6 Futures Plan Update 27

9.7 Women in Custody Annual Work Conference 28

9.8 Country Living Expo 2009 28

9.9 Expressions of Interest - Former Applethorpe TAFE Campus 28

9.10 Killarney Medical Centre Progress Update May 2009 29

9.11 Stanthorpe Visitor Information Centre 29

10. ENGINEERING SERVICES COMMITTEE REPORTS 30

10.7 Contract No 09/91 - Supply & Delivery of One (1) Only Agricultural Tractor

30

10.1 Monthly Report of the Engineering Services Directorate 30

10.2 Bonding of Engineering Works 31

10.3 BWC Developments Pty Ltd Operational Works Fee - Warwick Enterprise Park Stage 1

34

10.4 Stormwater & Fencing Issues at Hawker Road/Shipley Street Development

34

10.5 Replacement of Farley Street Public Toilets 35

10.6 Contract for the Supply & Delivery of One Excavator - Contract No 09/97 Using Local Buy

35

11. CORPORATE SERVICES COMMITTEE REPORTS 36

11.18 Public Art Project Proposal 36


ITEM PRECIS PAGE

11.3 Road Closure - Merritt 36

11.1 Policy on Controlled Entities 37

11.2 Valuation of Land Under Roads 40

11.4 C & K Burns - Proposed Permanent Road Closure 40

11.5 Trusteeship Over Reserve Within Lot 1982 D36678 40

11.6 Application for Renewal of Term Lease - Murphys Crossing Road, Somme

41

11.7 Cunningham Polocrosse Club Proposed Club Extensions 41

11.8 Expiry of Special Lease 38-50557 over Lot 173 on BNT1060 (Res 314) - Knibb Road, Stanthorpe

41

11.9 Renewal of Special Lease 38-52153 over Lot 242 on Crown Plan 896230 - Texas Road, Broadwater

42

11.10 Purchase of Mining Reservation in Title - Searle & Ladd 42

11.11 Queensland Rail Road Dedication Lot 5 RP161681 43

11.12 Approval to Construct an Amenities Building - Killarney Recreation Club Inc.

43

11.13 Operational Plan 2009/2010 43

11.14 Adoption of 2009/2010 Revenue Policy 44

11.15 Review of Purchasing Policy 48

11.16 Monaro Club of Queensland National Event 48

11.17 Donation Requests - May 2009 49

11.19 Budget Amendment Request 49

11.20 Capital Assistance Loan - Warwick Hockey Association Incorporated

54

12. REPORTS OF DEPUTATIONS CONFERENCES ETC. 54

12.1 Reports of Deputations & Conferences 54

13. REPORTS FROM DELEGATES APPOINTED BY THE COUNCIL TO OTHER BODIES

55

13.1 Reports from Delegates Appointed by Council to Other Bodies 55

14. OFFICER’S REPORTS 55

14.1 G Cheney - Reconfiguring a Lot, Mt Tabor Road, Sladevale 55

14.1.1 Refusal: G Cheney - Reconfiguring a Lot, Mt Tabor Road, Sladevale 59


ITEM PRECIS PAGE

14.1.2 Reconfiguring a Lot: G Cheney, Mt Tabor Road, Sladevale 59

14.2 Meeting of Regional Councils 63

15. NOTICE OF MOTION 63

16. GENERAL BUSINESS 63

16.1 Nomination to Host 2010 ALGWA Conference 63

Meeting in Camera 64

Meeting out of Camera 64

17. CONSIDERATION OF CONFIDENTIAL BUSINESS ITEMS 64

17.1 Planning & Environment Court Appeal 2324 of 2008 - Astute Property Investments Pty Ltd v Southern Downs Regional Council CONFIDENTIAL

64

8.16 Recommended Changes to Gordon Country Camping Ground Permit Conditions

65

MEETING CLOSURE 65

1. PRESENT

Present: Crs Bellingham (Chair), Bartley, Blundell, Gow, McMurtrie, Meiklejohn, Pennisi, Ingram and Shelley.

In Attendance: Rod Ferguson (Chief Executive Officer), Andrew Ireland (Director of Corporate Services), Peter See (Director of Engineering Services), Ken Harris (Director of Planning & Environment), Tony Minuti (Director of Community Services), Marion Seymour (Minute Secretary)

2. APOLOGIES

Nil.

3. CONDOLENCES

3.1 Condolences for the Period Ending 22 May 2009

Recommendation

THAT the report of the Chief Executive Officer dated 21 May 2009 in relation to Condolences be received. Resolved

4. READING AND CONFIRMATION OF MINUTES

Moved Cr D Ingram Seconded Cr R Bartley. THAT the minutes of the General Council Meeting held on 22 April 2009 be adopted.

Carried Moved Cr M McMurtrie Seconded Cr B Shelley. THAT the minutes of the Special Council Meeting held on 17 April 2009 be adopted.

Carried

5. RESUMPTION OF DEBATE ON MOTIONS OR ORDERS OF THE DAY LAPSED AT PREVIOUS MEETINGS

Nil.

General Meeting of Council - 25 May 2009 6

6. READING AND CONSIDERATION OF CORRESPONDENCE

6.1 Correspondence Received for the Period Ending 22 May 2009

Recommendation

THAT the report of the Chief Executive Officer dated 21 May 2009 in relation to Correspondence be received. Resolution Moved Cr M McMurtrie Seconded Cr P Blundell.

Carried

7. RECEPTION AND READING OF PETITIONS AND JOINT LETTERS

Nil.


It should be noted that in relation to recommendations from the various Council Committees, while individual resolutions are noted in the General Meeting Minutes the procedure used is to move one resolution for the whole of each committee’s recommendations to the General Meeting, except for any recommendations that are requested by an elected member to be dealt with separately.

8. PLANNING AND ENVIRONMENT COMMITTEE REPORTS

8.2 Proposed Planning Scheme Amendment for the Ballandean Community Cr R Bartley declared a perceived interest as he is a past member of the Ballandean Gun Club and does compete at the Club. Cr Bartley did not leave the meeting during the items discussion. Cr R Bartley left the room for the vote at 9.56am.

Recommendation

THAT the report of the Manager of Strategic Planning dated 12 May 2009 in relation to a proposed amendment to the Stanthorpe Shire Planning Scheme – Bents Road and Sundown Road Ballandean be received and that Council defer consideration of the Planning Scheme Amendment so that Council can hold a public consultation meeting in Ballandean to discuss the proposed amendment and the implications in the vicinity of the site with residents of the Ballandean area. Resolution Moved Cr N Meiklejohn Seconded Cr V Pennisi.

Carried Cr Bartley rejoined the meeting at 9.57am. 10.00am The Mayor welcomed the students from years 4 and 5 from St Joseph’s School

and after introducing the Councillors to the students, allowed the opportunity for the students to ask questions.

8.5 Waste Strategy Implementation Plan

Recommendation

THAT the report of the Senior Environmental Health Officer, dated 14 May 2009 in relation to the summary of Waste Management Plans for Stanthorpe and Warwick Shire Council’s be received and that Council adopt the attached Southern Downs Regional Council Waste Management Implementation Plan. Resolution Moved Cr D Ingram Seconded Cr N Meiklejohn.

Carried Attachment


Southern Downs Regional Council Waste Strategy Implementation Plan This action plan is a summary of significant waste management projects, to be undertaken by Council, in the next ten (10) years. The plan includes time frames, a description of projects and costing. The plan does not include projects to address uncertain issues such as the introduction of a State Government Waste Levy or Carbon Pollution Reduction Scheme and is therefore subject to further review. 2009-2010

• Construction of Allora Transfer Station (750,000.00) and Wallangarra Transfer Station ($500,000.00). Remediation of Allora Landfill and Wallangarra Landfill, ($750,000.00), subject to State Government funding.

• Review of waste collection areas in former Stanthorpe Shire with a view to expanding services where practical.

• Review to consider suitable number and location of transfer stations, service costs, service type, recycling facilities, need for supervision, and liability risks to Council.

• Conduct lifespan assessment of Warwick and Stanthorpe Landfills. • Develop waste resources on Council’s Website.

2010-2011

• Construct Transfer Station in the Dalveen area ($500 000) • Develop Southern Downs Regional Waste Management Strategy ($100 000)

2011-2012

• Upgrade transfer stations in the former Stanthorpe Shire ($400 000), including fencing, site access, supervision and the provision of facilities for recycling.

• Upgrade the Maryvale Transfer Station ($100 000) including the addition of weather awning and possible modification of the existing retaining wall.

2012-2013

• Construction of new cell at Warwick Landfill ($2M), to include best practice environmental controls such as plastic liners and gas extraction.

2013-2014

• Remediation of Old Warwick Landfill Cell. ($500 000) to include installation of a clay cap and revegetation and possibly gas extraction

• Review Greymare, Karara & Forest Springs Bin Compounds 2014-2015

• Upgrade works at Leyburn, Pratten and Greymare, Karara & Forest Springs Bin Compounds. ($500 000) to include improvement of access roads, fencing and possible modification to the existing retaining walls.

• Review all waste collection areas


2015-2017

• Construction of Bulk Waste Transfer Station at Stanthorpe Landfill ($1M), subject to the life assessment of the Stanthorpe landfill. The purpose of this facility will be to transfer waste to the major landfill in Southern Downs.

• Develop Southern Downs Regional Waste Management Strategy ($100 000) 2017-2018

• Remediate Stanthorpe Landfill ($500 000) to include installation of a clay cap and revegetation and possibly gas extraction.

2018-2019

• Upgrade Yangan Landfill ($500 000) to include best practice environmental controls such as plastic liners and gas extraction

2019-2020

• Upgrade Allora, Killarney, Wallangarra transfer stations. ($500 000), to possibly include resurfacing of disposal areas and access roads.


The Chief Executive Officer welcomed Council’s Junior Administration Officer, Ms Zoe Dunlop, to the meeting to acknowledge the letter of appreciation received by Council from the Queensland Electoral Commission for the work that Zoe had undertaken in the association with the recent State Government Elections The meeting adjourned for Morning Tea at 10.44am and reconvened at 11.07am at which time were present Crs Bellingham, Bartley, Blundell, Gow, Ingram, McMurtrie, Meiklejohn, Pennisi and Shelley.

8.10 Material Change of Use - The Goomburra Trader, North Branch Road, Goomburra

Recommendation

THAT the report of the Manager Planning Services dated 11 May 2009 in relation to Material Change of Use – The Goomburra Trader, North Branch Road, Goomburra be received and that the application for a High Impact Industry (Scrap Metal Yard) and Environmentally Relevant Activity No. 20 (Metal Recovery) on land at North Branch Road Goomburra, described as Lot 1 RP52980, Parish of Goomburra, County of Merivale, be refused for the following reasons:

A. THAT Council refuse the applicant’s request to refund $500, being the fee for an application for an Impact Assessable Development commenced prior to approval; and

B. THAT the application for a High Impact Industry (Scrap Metal Yard) and Environmentally Relevant Activity No. 20 (Metal Recovery) on land at North Branch Road Goomburra, described as Lot 1 RP52980, Parish of Goomburra, County of Merivale, be refused for the following reasons:

1. The High Impact Industry (Scrap Metal Yard) is not associated with the processing of rural produce and would be more appropriately located within the Industry Land Use Area, and therefore cannot comply with Section 4.11.2 of the Warwick Shire Planning Scheme, Measures for Particular Land Use Area, Rural Land Use Area, Policy Intent:

New industrial uses, particularly those associated with processing rural produce or which have locational requirements such that they could not reasonably be located within the Industry Land Use Area, may be favourably considered.

2. Approval of this application would change the character of the area and pattern of land uses such that this would be an issue relevant to consideration of future applications in the vicinity of the site and would make it more difficult for Council to resist similar applications.

Resolution Moved Cr R Bartley Seconded Cr D Ingram.

Carried


8.10.1 Call for Expressions of Interest for Supervision of Forest Springs Bin Compound

Recommendation

THAT Council call for expressions of interest for the supervision of the Forest Springs Bin Compound.

Resolution

Moved Cr N Meiklejohn Seconded Cr M McMurtrie.

Carried

8.11 Reconfiguration of Lots - A Fontana, Glen Road, Rosenthal Heights Recommendation THAT the report of the Manager Planning Services dated 12 May 2009 in relation to the Reconfiguration of Lots – A Fontana, Glen Road, Rosenthal Heights be received and that the application for the Subdivision of four lots into 89 lots, in five stages, on land at Glen Road & Little Warner Street, Rosenthal Heights, described as Lots 71, 72 & 78 W3030 and Lot 2 RP147227, Parish of Warwick, County of Merivale and that:-

1. Council, as Assessment Manager, extend the decision making period for this application by 20 business days in accordance with section 3.5.7(2) of the Integrated Planning Act.

2 The matter be deferred to the June Planning & Environment Committee Meeting to allow further consideration of the following issues:-

a. Drainage issues associated with the development.

b. The proposed road closure.

c. The impacts of the existing lookout tower.

e. The provision of open space associated with the development.

Resolution Moved Cr M McMurtrie Seconded Cr N Meiklejohn.

Carried


8.12 Reconfiguring a Lot - M, T & J Gasparin: Dalcouth Road, Dalcouth Cr V Pennisi declared a conflict of interest and left the meeting at 12.02pm during discussion on this item.

Recommendation

THAT the report of the Manager Strategic Planning dated 13 May 2009 in relation to the Reconfiguration of Lot – M, T & J Gasparin, Dalcouth Road, Dalcouth be received and that the application for Subdivision and Reconfiguring a Lot on land at Dalcouth Road Dalcouth, described as Lots 828,830 & 831 BNT156, County of Bentinck, Parish of Folkestone, be approved subject to the following conditions:

Approved Plans 1. The development of the site is to be generally in accordance with the proposal plan

dated 4 September 2008, as determined by the Director Planning and Environment, and subject to the final development being amended in accordance with the conditions of this approval. Lots 1-3 and 5-7 are to have an area of 40 hectares or greater.

2. Approval for the closure of the road must be obtained prior to endorsement of the Survey Plan or alternatively the road is to be constructed to a formed gravel standard to the satisfaction of the Director of Engineering Services.

Amenity & Environmental Controls 3. Declared pest plants on the land must be destroyed to the satisfaction of the Manager

Environmental Services, prior to Council signing the Plan of Subdivision.

Vehicle Access 4. The applicant must construct a vehicle access to each allotment as per standard

drawing No. SDRC STD1 and to the satisfaction of the Director Engineering Services. The access must be constructed at a location which provides adequate sight distance in either direction. Where a proposed access adjoins an existing bitumen road the construction of the vehicle access shall include a 2 coat bitumen seal from the existing edge of bitumen to the property boundary. If necessary, the property access gateway must be located within a setback such that all vehicles proposed to enter and/or exit the land are able to stand clear of the carriageway whilst the property gateway is being opened and /or closed. Prior to any works commencing in the road reserve the applicant must obtain a permit for minor works in road reserve.

Electricity and Telecommunications 5. Prior to Council signing the Plan of Subdivision, the applicant must provide to Council

written confirmation from Telstra stating that it has been made aware of the proposed subdivision.

Operational Works 6. A Development Permit for Operational Works must be obtained in accordance with the

Integrated Planning Act for the Operational Works required in Conditions 2 and 4. A Price Schedule of Quantities certified by a Registered Professional Engineer in Queensland (RPEQ) is to be submitted with the Application for Operational Works. Fees for an Application for Operational Works will be in accordance with Council’s Schedule of General Fees and Charges.


7. The developer must use roadworks signage on all public roads in accordance with the Southern Downs Regional Council Roadworks Signing Guide. Copies of the Guide are available from Council.

Aboriginal Cultural Heritage 8. In carrying out the development, all reasonable and practicable measures must be

taken to ensure that no harm is caused to Aboriginal cultural heritage (the “cultural heritage duty of care”). The applicant will be complying with the cultural heritage duty of care if the development is conducted in accordance with gazetted cultural heritage duty of care guidelines. An assessment of the proposed activity against the duty of care guidelines will help determine whether or to what extent Aboriginal cultural heritage may be harmed by the activity. Further information on cultural heritage, together with a copy of the duty of care guidelines and cultural heritage search forms, may be obtained from www.nrw.qld.gov.au.

Approval Times 9. In accordance with the provision of Section 3.5.21 of the Integrated Planning Act, this

reconfiguration of a lot approval will lapse in two (2) years, or four (4) years where the reconfiguration requires operational works, from the date of Council’s decision. Where relevant, the owner of the land is to comply with the conditions of approval contained herein and complete all necessary works as required by the conditions of the approval in accordance with the provisions of the Integrated Planning Act and the Planning Scheme.

Planning Act, the applicant is to lodge with Council the Plan of Subdivision for the proposed reconfiguring of a lot for approval. The Plan of Subdivision is to comply with the requirements of the Titles Office and the provisions of the Integrated Planning Act. Council will NOT approve this plan unless all conditions of this approval and the requirements of the Planning Scheme and the Integrated Planning Act have been complied with to the satisfaction of Council. Council approval of the Plan of Subdivision will lapse six months from the date of approval of the plan unless the approved Plan of Subdivision is registered in the Office of the Registrar of Titles, or an application for reapproval of the plan is approved by Council in accordance with the Integrated Planning Act.

Resolution Moved Cr N Meiklejohn Seconded Cr M McMurtrie.

Carried Cr Pennisi rejoined the meeting at 12.16pm.


8.1 Southern Downs Planning Scheme

Recommendation

THAT the report of the Manager Strategic Planning dated 12 May 2009 in relation to progress on the preparation of the Planning Scheme be received and noted. Resolution Moved Cr N Meiklejohn Seconded Cr B Shelley.

Carried

8.3 Application for Liquor Licence Recommendation THAT the report of the Manager Planning Services dated 6 May 2009 in relation to Applications for Liquor Licence be received and: A. THAT Council offer no objection to the extension of the existing liquor licensed are for

the Commercial Hotel, Maryland Street, Stanthorpe, subject to the applicant first obtaining a permit under Stanthorpe Shire Local Law No. 16 (Commercial Use of Roads) for the use of the footpath adjacent to the hotel for dining purposes; and

B. THAT Council offer no objection to the granting of Granite Ridge Wines’ application to

establish a Satellite Cellar Door at 29 Maryland Street, Stanthorpe, and the Liquor Licensing Division be advised accordingly.

Resolution Moved Cr N Meiklejohn Seconded Cr B Shelley.

Carried

8.4 Animal Management (Cats and Dogs) Act 2008

Recommendation

That the report of the Local Laws Coordinator dated 7 May 2009 in relation to the implementation of Animal Management (Cats and Dogs) Act 2008 be received and that Council allocate $20,000 in the 2009/10 financial year budget to fund planning, design and approval costs for establishing new cat and dog impounding facilities. Resolution Moved Cr N Meiklejohn Seconded Cr B Shelley.

Carried


8.6 Request for Negotiated Decision - Toowoomba Regional Council: 5723 Toowoomba-Karara Road, Leyburn

Recommendation THAT the report of the Planning Officer dated 12 May 2009 in relation to General Council Meeting Agenda Master 25 May 2009 (Minutes) be received and that the request for a Negotiated Decision in relation to Development Permit dated 3 February 2009 for a High Impact Industry (Extractive Industry - Gravel & Sand) and Environmentally Relevant Activity (ERA) No.16(1)(c) (Extracting, other than by dredging, a total of 5000t or more of material, in a year, from an area other than a wild river area) on land at 5723 Toowoomba-Karara Road, Leyburn, described as Lots 14, 15 & 16 M341015, Parish of Talgai, County of Merivale, be approved in part only, and: A. THAT Schedule 1 Condition 2 be amended only, and Condition 19 remain unchanged

for the following reasons:

Condition 2.

The applicant estimates that the pit has a life of 50 years, based on the extraction of 20,000 tonnes per year (i.e. 2.5 ha per year) and the remaining usable area of the property (approximately half the area, i.e. 125 ha).

The applicant has been conducting extraction operations on the land for approximately 20 years. If half the property remains usable (i.e. still to be extracted), it is reasonable to conclude that in the past 20 years approximately half of the total resource has been extracted.

It is reasonable that because of the nature of the use and limited nature of the resource that some timeframe is appropriate in the setting of conditions by the Assessment Manager. Accordingly, based on the previous period of use together with assumed rate of extraction, it is considered reasonable to extend the term imposed from 15 years to 20 years.

The imposition of the condition does not preclude the applicant seeking an extension of the approval timeframe at a future date. Indeed an extension of the approval is foreshadowed by the wording of Condition 2. The limit allows a future review which is in keeping with the kind of prudent management required by the obligation under the Integrated Planning Act 1997 to apply the precautionary principle in decision-making processes.

Condition 19.

The following extract from the Environmental Protection Agency’s website imparts the importance of habitat to the Bull Oak Jewel Butterfly and the importance of three other species within those habitat areas. Chiefly the cycle of the butterfly is dependant upon the bull oak tree, a species of ant and a species of scale insect, and it is clear that there remain unknown elements to the complexities of the habitat requirements of the Bull Oak Jewel Butterfly.

Habitat and distribution: The habitat requirements of H. piceatus are complex. It requires a single species of tree, bull oak Allocasuarina luehmannii, and an undescribed ant, Anonychomyrma sp., and possibly also the presence of eriococcid scale insects, Rhyzococcus sp. to possibly facilitate ant aggregations and permit gravid female butterflies to home in on ant-occupied host trees. Only older trees appear to be utilised by the butterfly as these are riddled with the xyloryctid moth tunnels which encourage nesting colonies of the ant and provide shelter sites for the nocturnal butterfly larvae.


Recent surveys have determined that there are six sites within a 5 km radius, not far from Toowoomba, where bull oak jewel butterfly occur.

Threatening processes: The main threat known to affect the bull oak jewel is habitat destruction while suspected threats are the collection of individuals and removal of bull oak trees. Because the remaining area of habitat is so small, events such as roadside fires pose a real threat to the existence of H. piceatus.

Recovery actions: • An autecological study (a study of the bull oak jewel alone) is essential to gain a

complete understanding of this species’ requirements, and the reasons for its limited distribution.

• Agreement to maintain vegetation from the roadside and adjoining privately owned land on which suitable vegetation exists near Leyburn to stop ongoing and complete habitat loss.

It is recognised that there is an area of habitat on the land and it is reasonable to acknowledge that the extent and complexities of that habitat remain at least in part unknown.

The Integrated Planning Act requires the application of the precautionary principle in decision making processes (s1.2.3) with the Principle being defined in the Act as follows:

The precautionary principle is the principle that lack of full scientific certainty should not be used as a reason for postponing a measure to prevent degradation to the environment if there are threats of serious or irreversible environmental damage.

It would appear that not only is there uncertainty with regards to the habitat of the endangered species, there is lack of scientific certainty that the proposed extraction (even with the proposed vegetation retention) would not further endanger that species.

Condition 19 is reasonable and should remain unchanged. B. THAT Schedule 1 Conditions 2 & 4 be amended, and Condition 22 be deleted as

follows:

Land Use & Planning Controls

2. This approval is limited to a period of 15 20 years. Any application to extend the approval will be subject to a review of compliance with the conditions of this Development Permit in accordance with Council’s standard requirements at that time.

4. All areas utilised for extraction activities are to be setback at least 100 50 metres from the boundaries of the land, i.e. southern, eastern and western boundaries of Lot 14 M341015, northern and western boundaries of Lot 15 M341015, and northern and eastern boundaries of Lot 16 M341015.

Landscaping and Buffers

22. Deleted. In addition to those rehabilitation works required by the Environmental Protection Agency, rehabilitation of extraction sites is to include revegetation of disturbed areas with the species bull oak (Allocasuarina leuhmannii).


Carried


8.7 Low Impact Industry (Machinery Depot), C Ryan, 151 Schoch Road, Rosenthal Heights

Recommendation THAT the report of the Manager Planning Services dated 11 May 2009 in relation to Low Impact Industry (Machinery Depot) – C Ryan, 151 Schoch Road, Rosenthal Heights be received and Council Officers write to the applicant regarding compliance with Conditions 19, 20, 21, 23, 24 and 32-38. Resolution Moved Cr N Meiklejohn Seconded Cr B Shelley.

Carried

8.8 Request to Negotiate Decision Notice - MCU - E Michelon: 117 Stalling Lane, Nundubbermere

Cr M McMurtrie declared a perceived interest as she knows the applicants. Cr McMurtrie did not leave the meeting during the discussion.

Recommendation

THAT the decision notice dated 3 February 2009 for material Change of Use – Travellers Residential Use (Camping Ground) and Community Use (Outdoor Recreation – Dirt Bike Riding) on land at 117 Stalling Lane Nundubbermere described as Lot 87 BNT620 Parish Nundubbermere, County of Bentinck, be amended as highlighted below. Schedule 1 – Southern Downs Regional Council Conditions Approved Plans

1. The development of the site is to be generally in accordance with the Planning Report submitted with the application dated 28 February prepared Jenny Potter, as amended by the following conditions.

Land Use & Planning Controls 2. The parts of the development involving use of motor bikes shall operate only between

the hours of 9.00 am and 4.00 pm 8.00 am to 5.00 pm Friday to Monday inclusive and Queensland and New South Wales school holidays and public holidays.

3. The maximum number of motor bikes being ridden on the site at any one time shall be 40. The operator shall keep a total of daily admissions and the records of admissions shall be made available for Council perusal at any time that the development is operating. This maximum figure may be exceeded for no more than two days per year which may be used for club events.

4. There is to be no use of trails within the site. All motor bike riding activity shall be confined to the cleared area proposed to be used for motocross activity.

a. Bike riding within the site is to be limited to the existing trails and the existing cleared area proposed to be used for motocross activity.

b. Physical barriers must be erected at any point where the existing tracks adjoin the boundary in order to ensure that motor bikes and riders do not access adjoining properties.


c. All bikes and riders are to keep to the existing tracks. In the event that part of a track is unusable because of a physical barrier the whole of the track is to be closed until required works are completed to ensure that it is usable.

d. The tracks are to be suitably marked.

e. The tracks are to be maintained at all times in order to minimise the extent and effect of soil erosion. Erosion and sediment control measures shall be implemented in all areas vulnerable to erosion. A suitable erosion and sediment control plan shall be submitted for approval prior to commencement of the use. The erosion and sediment control plan must include details of how the tracks are to be maintained to prevent erosion during operation of the use. If tracks become excessively eroded due to overuse the track must be closed and rehabilitated.

f. Noise limits associated with the use of the land for motor bike riding and motocross are not to exceed 5 dB(A) above the ambient noise level at any noise sensitive place.

5. Any proposal to increase the size of the use on the subject land, that is defined as assessable development under the Stanthorpe Shire Planning Scheme, would be subject to a separate application for assessment in accordance with the Integrated Planning Act and would have to comply with the requirements of the Planning Scheme.

6. The camping ground may operate outside of the hours and days specified for the components of the use associated with the motorbike riding. No more than 20 camp sites are to be established on the site.

7. The ablution and laundry facilities for the camping ground are to be constructed and fitted out and made operational prior to the use of the camping area.

8. The site management plan submitted with the application is to be adhered to at all times that the use is in operation.

9. The location of open fires is to be limited to one designated area within the camping ground. This designated area is to be maintained and controlled by the operator to ensure that there is no possibility of spread of fire on the site.

Building, Health & Development Compliance 10. The conditions of this approval are to be complied with to the satisfaction of the

Director Planning and Environment, and prior to the use of the building or site commencing.

11. An application must be submitted for a permit under Council’s Local Law No. 20 (Camping and Camping Grounds).

12. The applicant is to apply for Building Approval in accordance with the Integrated Planning Act for the proposed caretakers residence and indoor recreation area, all amenity and ablution blocks and any other buildings associated with the camping ground or the motor bike facility. The applicant will be required to submit the appropriate forms, plans and fees associated with this application. The building plans are to accord with the plans approved in this approval. The building is to be constructed in accordance with the approved building plans prior to the commencement of the use.

13. The applicant is to permit Council officers unrestricted access to the site at any time subject to reasonable security and health restrictions on access, so as to ensure the use is being conducted in accordance with the conditions of the approval.

14. Provision shall be made for the storage and removal of refuse in accordance with the Environmental Protection (Waste Management) Regulation 2000 to the satisfaction of the Director Planning and Environment.


15. Litter bins shall be provided on the site near to the camping ground and the motocross tracks, to the satisfaction of the Director Planning and Environment.

Amenity & Environmental Controls 16. The applicant is to ensure that all wastes are suitably collected and disposed of so as

not to adversely impact on the environment. 17. The applicant must ensure that no effluent is permitted to drain from the site or into

any watercourse. 18. No flammable and combustible liquids are to be stored on the site. 19. The location, size, type and content of any advertising sign or device located on the

land is to be compatible with the character of the surrounding area to the satisfaction of the Director Planning and Environment. There are to be no signs erected within any road reserve.

20. The generator is to be positioned and housed so as not to cause nuisance or disturbance to persons or property not connected with the development to the satisfaction of the Director Planning and Environment.

21. There is to be no interference with the amenity of the neighbourhood by reason of the emission of noise, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit, oil or otherwise.

22. The storage of any machinery, materials or vehicles is to be aesthetically screened so as not to be visible from any roads or from adjoining properties, to the satisfaction of the Director Planning and Environment.

23. Prior to the commencement of the use the applicant shall submit a plan that shows the extent of the motocross area and the exact location and layout of the camp ground including the location of ablution and laundry facilities.

24. The operator shall ensure that areas of erosion are promptly remediated and that the motor bikes remain within the cleared area. Prior to the commencement of the use the applicant is to submit a management plan for the approval of the Director of Planning and Environment, for the motocross area. The management plan shall describe all operations, including timing, that will be carried out so as to minimise soil erosion and to control the use of land outside the motocross area.

Carparking and Vehicle Access 25. The applicant must construct vehicle access to the site to the satisfaction of the

Director Engineering Services. The access must be constructed to Stalling Lane at the existing entrance. Such entrance roadworks shall be constructed in bitumen and shall include appropriate drainage works.

26. The applicant is to provide at least 30 car parking spaces on site to the satisfaction of the Director Planning and Environment. At least half of the car parking spaces must have sufficient length to accommodate a trailer.

27. A carparking plan is to be submitted to and approved by the Director Planning and Environment prior to commencement of the use. All car parking, driveway and loading areas shall be constructed in gravel or similar materials, line marked, drained, laid out and maintained to the satisfaction of the Director Engineering Services.

Roadworks and Stormwater Drainage 28. Stalling Lane is to be sealed constructed to a gravel road standard from the corner of

Emu Swamp Road to the entrance to the site to the satisfaction of the Director of Engineering Services. The road shall be 6 m wide, completed prior to the commencement of the use and undertaken at no cost to Council.


Water Supply & Sewerage 29. Prior to the commencement of the proposed use the applicant is to demonstrate that

adequate provision has been made for the supply of water including a potable water supply to the satisfaction of the Director Planning and Environment.

30. The applicant is to ensure that water usage is minimised and that all water fixtures and fittings, including landscape watering systems, are to be water efficient devices and the applicant is to implement water reduction strategies as part of the development.

Operational Works 31. A Development Permit for Operational Works must be obtained in accordance with

the Integrated Planning Act for the Operational Works required in Conditions 25 and 28. A Price Schedule of Quantities certified by a Registered Professional Engineer in Queensland (RPEQ) is to be submitted with the Application for Operational Works. Fees for an Application for Operational Works, i.e. approval of engineering design and inspection fees, are as follows:

• 6% for the first $20,000 of the capital value of construction work, PLUS 2% for the amount in excess of $20,000 of the capital value of construction work for the purpose of carrying out a design check of the engineering works associated with the development and for supervision of engineering works associated with the development. Such supervision is additional to and not in lieu of supervision required under the contractual obligations of the developer’s design consultant. 50% of the fee (for design approval), based on the capital value of the works at the date of lodgement of design plans, is payable at the date of lodgement. The balance amount (the inspection fee), which is based on the capital value of the works at the time of commencement of construction, is payable prior to the use commencing.

32. The applicant must provide a copy of their receipt as proof of payment for QLeave prior to Operational Works commencing.

33. All Operations Works shall be subject to a 12 months Defect Liability Period commencing from the date of completion of the works, being the day of the works being accepted on-maintenance by Council officers. 5% of the total construction costs or final contract amount for these operational works shall be submitted to Council to be held by Council as security. Council will hold this money in trust pending the expiration of the defect liability period. These funds will be refunded following a defect-free inspection at the end of the Defect Liability Period.

34. The design, schedules and specification for all Operational Works and the supervision of construction of all work associated with the development shall be carried out by a Registered Professional Engineer in Queensland (RPEQ) and to the satisfaction of the Director Engineering Services.

35. The Operational Works shall be carried out in accordance with the provisions of the Planning Scheme, and all engineering requirements associated with the development shall be completed to the satisfaction of the Director Engineering Services prior to the use commencing.

36. The developer must use roadworks signage on all public roads in accordance with the Southern Downs Regional Council Roadworks Signing Guide. Copies of the Guide are available from Council. A Traffic Control Plan is to be submitted to Council prior to the Operational Works commencing.

37. All works associated with the development shall be carried out so as to minimise soil erosion and to control sediment, and such measures shall be incorporated into the engineering design of the development, to the satisfaction of the Director Engineering


Services. An Erosion and Sediment Control Plan must be submitted for approval with the Application for Operational Works.

Aboriginal Cultural Heritage 38. In carrying out the development, all reasonable and practicable measures must be

taken to ensure that no harm is caused to Aboriginal cultural heritage (the “cultural heritage duty of care”). The applicant will be complying with the cultural heritage duty of care if the development is conducted in accordance with gazetted cultural heritage duty of care guidelines. An assessment of the proposed activity against the duty of care guidelines will help determine whether or to what extent Aboriginal cultural heritage may be harmed by the activity. Further information on cultural heritage, together with a copy of the duty of care guidelines and cultural heritage search forms, may be obtained from www.nrme.qld.gov.au.



Carried


8.9 Request for Negotiated Decision - R Surch, 53 Kenilworth Street Warwick Recommendation That the report of the Planning Officer dated 12 May 2009 in relation to Request for Negotiated Decision - R Surch, 53 Kenilworth Street, Warwick be received and that the Request for a Negotiated Decision in relation to the Development permit dated 13 March 2009 for a Commercial Use (Car Sales & Open Air Display), a High Impact Industry (Motor Vehicle Workshop & Dismantling of Motor Vehicles) and ERAs No. 20 (Metal Recovery) and No. 21 (Motor Vehicle Workshop) on land at 53 Kenilworth Street, Morgan Park, described as Lot 1 SP174722, Parish of Rosenthal, County of Merivale be approved in part only, and:

A. THAT Condition 3 be deleted; and

B. THAT Conditions 14 & 15 remain unchanged for the following reasons:

Condition 14.

The applicant was granted a relaxation and was not required to fully construct Second Avenue to a sealed and kerbed standard. Although Second Avenue is not constructed at this time, it is foreseeable that it will be constructed as this industrial area develops. The Warwick Shire Planning Scheme requires landscaping to be provided to ensure the creation of a pleasant streetscape character and to enhance the attractiveness of industrial areas. The provision of screening fencing with no landscaping along the Second Avenue frontage will not achieve this requirement. Therefore, Condition 14 should remain unchanged.

Condition 15.

Once the car yard is operational, the provision of landscaping along the southern screen fence will have limited effect on the appearance of the site from Kenilworth Street, or from within the site. Provision of landscaping within this area will not prohibit the installation of stormwater drainage for this section of the site. Therefore, Condition 15 should remain unchanged.


Carried

8.13 Mt Tabor Stormwater, Water Supply and Roads Investigations

Recommendation

THAT the report of the Manager Design & Assets dated 7 May 2009 in relation to the Mt Tabor Stormwater, Water Supply and Road Investigations be received. Resolution Moved Cr N Meiklejohn Seconded Cr B Shelley.

Carried


8.14 Review of Engineering Standards

Recommendation

THAT Council undertake a review of the Engineering Standard that apply to development and that subject to the review the revised Engineering Standards be included in amendments to the Warwick and Stanthorpe Planning Schemes. Resolution Moved Cr N Meiklejohn Seconded Cr B Shelley.

Carried

8.15 Additional Fees for Planning & Environment Department

Recommendation

THAT within the Planning & Environment Department fees for Building Fees a Demolition Permit fee be included as follows:

Demolition Permit - $200.00 Resolution Moved Cr N Meiklejohn Seconded Cr B Shelley.

Carried

8.17 Shipping containers at 1 King Street, Yangan

Recommendation

A. THAT Council continues to Investigate the alleged offences on 1 King Street, Yangan, described as Lot 5 RP 116727, Parish of Robinson, County of Merivale; and

B. THAT Council delegates to the Chief Executive Officer its powers to commence, prosecute, negotiate, settle or cease legal proceedings against the against the owner and occupier in respect of offences under the Integrated Planning Act.


Carried


9. COMMUNITY SERVICES COMMITTEE REPORTS

9.1 Director Community Services Report

Recommendation

THAT the report of the Director Community Services dated 11 May 2009 in relation to the operations of the Department of Community Services be received. Resolution Moved Cr D Ingram Seconded Cr N Meiklejohn.

Carried

9.2 Library Fines

Recommendation

THAT the report of the Manager of Cultural & Recreational Development dated 11 May 2009 in relation to library fines for late return of books be received and that Council discontinue the overdue book fine currently in place at the Stanthorpe Library and remove it from the list of Fees and Charges. Resolution Moved Cr D Ingram Seconded Cr N Meiklejohn.

Carried

9.3 Cunningham Rail Link

Recommendation

THAT the report of the Economic Development Officer dated 11 May 2009 in relation to Cunningham Rail Link Project be received and its contents noted, and that Council pursue at a senior level, the possibility of securing funds from the Federal Government to conduct a full detailed design and corridor study for the project. Resolution Moved Cr D Ingram Seconded Cr N Meiklejohn.

Carried


9.4 Kumiyama Civic Delegation 2009

Recommendation

THAT the report of the Acting Principal Economic Development Officer dated 11 May 2009 in relation to the Kumiyama Town Civic Delegation Visit be received and that Council consider the Kumiyama invitation during the forthcoming preparation of the International Relations Plan. Resolution Moved Cr D Ingram Seconded Cr N Meiklejohn.

Carried

9.5 Membership of the International Relations Community Group Cr N Meiklejohn advised that he may have a perceived personal interest in this matter due to his father having expressed his interest in being a member of the International Relations Community Group. Cr N Meiklejohn remained in the room for the discussion.

Recommendation

THAT the report of the Acting Principal Economic Development Officer dated 8 May 2009 in relation to the International Relations Community Group be received and that Cr P Blundell be nominated as the Chair for the Group. Resolution Moved Cr D Ingram Seconded Cr N Meiklejohn.

Carried

9.6 Futures Plan Update

Recommendation

THAT the report of the Manager Community Development dated 11 May 2009 in relation to the Futures Plan Update be received and that Council adopt the name “Warwick and District Futures Plan”. Resolution Moved Cr D Ingram Seconded Cr N Meiklejohn.

Carried


9.7 Women in Custody Annual Work Conference Cr D Ingram advised that she and Cr B Shelley have been invited to attend the Women in Custody 18th Annual Work Conference in St George on 19 and 20 August 2009 and sought Council authorisation for them to attend.

Recommendation

THAT Crs D Ingram and B Shelley be authorised to attend the Women in Custody 18th Annual Work Conference in St George on 19 and 20 August 2009. Resolution Moved Cr D Ingram Seconded Cr N Meiklejohn.

Carried

9.8 Country Living Expo 2009

Recommendation

THAT the Confidential report of the Acting Principal Economic Development Officer dated 8 May 2009 in relation to Country Living Expo 2009 be received and that contents noted. Resolution Moved Cr D Ingram Seconded Cr N Meiklejohn.

Carried

9.9 Expressions of Interest - Former Applethorpe TAFE Campus

Recommendation

THAT the Confidential report of the Acting Principal Economic Development Officer dated 7 May 2009 in relation to Expressions of Interest process for the former Applethorpe TAFE Campus be received and that Council invite tenders for lease of the property from those parties that have registered their interest during the Expression of Interest process, under Section 489 of the Local Government Act 1993. Resolution Moved Cr D Ingram Seconded Cr N Meiklejohn.

Carried


9.10 Killarney Medical Centre Progress Update May 2009

Recommendation

THAT the Confidential report of the Acting Principal Economic Development Officer dated 11 May 2009 in relation to the Killarney Medical Centre Project be received and the contents noted. Resolution Moved Cr D Ingram Seconded Cr N Meiklejohn.

Carried

9.11 Stanthorpe Visitor Information Centre

Recommendation

THAT the Confidential report of the Director Community Services dated 11 May 2009 in relation to the Stanthorpe Visitor Information Centre be received and that Council: 1. Agree to enter into a new Trustee Lease with Jill and Owen Thomas for a period of

three years with an option for renewal for a further three year period at a lease rental of $6,000.00 per annum (plus GST) adjusted on 1 July each year for annual increases in the Consumer Price Index: All Groups, Brisbane; and

2. Advise Jill and Owen Thomas that Council would require further information regarding

the sale of wines before Council could further consider the purchaser’s interest in applying for a liquor licence.

Resolution Moved Cr D Ingram Seconded Cr N Meiklejohn.

Carried


10. ENGINEERING SERVICES COMMITTEE REPORTS

10.7 Contract No 09/91 - Supply & Delivery of One (1) Only Agricultural Tractor

Recommendation

THAT the report of the Manager Works & Parks dated 8 May 2009 in relation to Contract No 09/91 - Supply & Delivery of One (1) Only Agricultural Tractor be received and that Council award contract 09/91 to David Evans Group in accordance with their offer including trade of Plant No P00885 (Massey Ferguson 6245 tractor) for a change over price $35,000 (excluding GST). Resolution Moved Cr P Blundell Seconded Cr B Shelley.

Carried

10.1 Monthly Report of the Engineering Services Directorate

Recommendation

THAT the report of the Director of Engineering Services dated 11 May 2009 in relation to the Monthly Report of the Engineering Services Directorate be received and that Council support the Tenterfield Shire Council in adopting the "Downs to Rivers Way" as the preferred marketing name for Killarney Road and Mount Lindesay Road between the New South Wales/Queensland border and Woodenbong via Legume, however, Council cannot agree to changing the road names within the Southern Downs Regional Council area. Resolution Moved Cr R Bartley Seconded Cr D Ingram.

Carried


10.2 Bonding of Engineering Works

Recommendation

THAT the report of the Director of Engineering Services dated 7 May 2009 in relation to the Bonding of Engineering Works be received and that 1. Extraordinary circumstances for bonding will apply:

• Where the required infrastructure will be made redundant by future stages of the development.

• Where a delay in construction will suit Council's capital works program; ie Council works will effect or change the developer's work.

• Where the Council considers a request from a not for profit or charity organisation to bond, is in the community's interest.

2. Bonding will not be accepted for cash flow reasons for the developers' benefit. 3. Council adopt the attached policy for "Bonding of Engineering Works for Development

Works". Resolution Moved Cr R Bartley Seconded Cr D Ingram.

Carried Attachment 1. Bonding of Engineering Works for Development Works


10.3 BWC Developments Pty Ltd Operational Works Fee - Warwick Enterprise Park Stage 1

Recommendation

THAT the report of the Manager Design & Assets dated 7 May 2009 in relation to BWC Developments Pty Ltd Operational Works Fee – Warwick Enterprise Park Stage 1 be received and that Council reject the request from BWC Developments and all fees be charged in accordance with Council's adopted fees and charges. Resolution Moved Cr R Bartley Seconded Cr D Ingram.

Carried

10.4 Stormwater & Fencing Issues at Hawker Road/Shipley Street Development Cr Meiklejohn declared a perceived conflict of interest on this matter and made the following statement: "You are all aware I have previously declared an interest in the Hawker Road development. Please note I have never had a material personal interest in this development. My connection to the development represents a perceived conflict of interest only. This perceived conflict arises because one of the directors and shareholders of the development company, Tony Hoffman, is an old school friend (we went to Warwick State High School together). Tony is part owner of an accounting practice in Brisbane and as a result of our school friendship, his business (Hoffman Kelly Accountants), has been our accountant for several years. With Council's ongoing deliberations on the matter, I am concerned that my decision to absent myself from meetings during those discussions may have unintentionally contributed to the problem - particularly because I have some knowledge to add perspective to the issue. In reviewing this situation I now intend to participate in the discussions. I believe there are greater issues to Council and the community relating to not just this development, but also other developments and problems within the community that could be impacted by Council's decisions of this matter." Cr Meiklejohn remained at the meeting.

Recommendation

THAT a meeting be held with the Mayor, Chairman of the Engineering Services Committee, Director of Engineering Services and the developer, to negotiate a successful outcome to the stormwater drainage issues associated with lots 11, 15, 16 and 17 on SP 221849 and exclusion fencing being provided at the rear of these same lots. Resolution Moved Cr R Bartley Seconded Cr D Ingram.

Carried


10.5 Replacement of Farley Street Public Toilets

Recommendation

THAT the report of the Manager Works & Parks dated 11 May 2009 in relation to the Replacement of Farley Street Public Toilets be received and that Council approve the use of the “Pureablue” toilet design through a Local Buy Contract Arrangement. Resolution Moved Cr R Bartley Seconded Cr D Ingram.

Carried

10.6 Contract for the Supply & Delivery of One Excavator - Contract No 09/97 Using Local Buy

Recommendation

THAT the report of the Manager Works & Parks dated 8 May 2009 in relation to Contract for the Supply & Delivery of One Excavator - Contract No 09/97 Using Local Buy be received and that Council award the contract for the supply and delivery of one (1) excavator under the Local Buy Contract BUS 128-0605 to Hastings Deering in accordance with their offer including trade of Plant No P00341 (a Caterpillar 322B excavator) for a changeover price $185,000 (excluding GST). Resolution Moved Cr R Bartley Seconded Cr D Ingram.

Carried


11. CORPORATE SERVICES COMMITTEE REPORTS

11.18 Public Art Project Proposal

Recommendation

THAT the report of the Governance Officer dated 15 May 2009 in relation to Public Art Project Proposal be received and that Council does not support the proposed public art project at this time but that the CEO be requested to write to Mr Simpson advising him that beautification of the Region’s entrances has been included in Council's Corporate Plan 2009-2014 and is part of the Regional Tourism Investment and Infrastructure Plan (“RTIIP”) for the future. Resolution Moved Cr N Meiklejohn Seconded Cr B Shelley.

Carried

11.3 Road Closure - Merritt

Recommendation

THAT the report of the Risk & Property Coordinator dated 20 May 2009 in relation to R Merritt - Proposed Permanent Road Closure be received and that Council advise the Department of Environment & Resource Management it does not object to the permanent road closure, provided the area of road closure is amalgamated with Lots 1 and 2 on ML2302 to create one lot. Resolution Moved Cr N Meiklejohn Seconded Cr B Shelley.

Carried


11.1 Policy on Controlled Entities

Recommendation

THAT the report of the Director Corporate Services dated 5 May 2009 in relation to the Policy on Controlled Entities be received and that Council: 1. Adopts the attached policy for inclusion in its Policy Register; 2. Requests the Chief Executive Officer to advise the Minister for Local Government of

the existence of Council's two controlled entities; 3. Requests the Chief Executive Officer to establish a Controlled Entities Register and to

include the details of the Border Highlands Rail Company and Warwick Tourism & Events therein;

4. Requests the Chief Executive Officer to contact the management committee of Warwick Tourism & Events and inform it of its obligations as a public sector entity as outlined in the Policy.

Resolution Moved Cr M McMurtrie Seconded Cr V Pennisi.

Carried Attachment 1. Policy on Entities Controlled by Council


11.2 Valuation of Land Under Roads

Recommendation

THAT the report of the Director Corporate Services dated 6 May 2009 in relation to Valuation of Land Under Roads be received and that as a requirement of AASB 1051 for the 2008/2009 reporting period Council resolves to not value land under roads. Resolution Moved Cr M McMurtrie Seconded Cr V Pennisi.

Carried

11.4 C & K Burns - Proposed Permanent Road Closure

Recommendation

THAT the report of the Risk & Property Coordinator dated 8 May 2009 in relation to C & K Burns - Proposed Permanent Road Closure be received and that Council advises the Department of Environment & Resource Management it does object to the permanent road closure due to the size of the area and the potential implications for the future development of the road reserve, but would support a temporary closure of the road. Resolution Moved Cr M McMurtrie Seconded Cr V Pennisi.

Carried

11.5 Trusteeship Over Reserve Within Lot 1982 D36678

Recommendation

THAT the report of the Risk & Property Coordinator dated 11 May 2009 in relation to Trusteeship over Reserve within Lot 1982 D36678 be received and that Council advises the Department of Environment and Resource Management that it is prepared to accept a Trusteeship over the subject area, with a view to offering a lease over the area for a period of 3 years via the tender process. Resolution Moved Cr M McMurtrie Seconded Cr V Pennisi.

Carried


11.6 Application for Renewal of Term Lease - Murphys Crossing Road, Somme

Recommendation

THAT the report of the Risk & Property Officer dated 11 May 2009 in relation to Application for Renewal of Term Lease - Murphys Crossing Road, Somme be received and that Council advises the Department of Environment and Resource Management that it offers no objection to the Term Lease renewal over Lot 92 on Crown Plan BNT538 situated at Murphy’s Creek Road, Somme for recreational purposes. Resolution Moved Cr M McMurtrie Seconded Cr V Pennisi.

Carried

11.7 Cunningham Polocrosse Club Proposed Club Extensions

Recommendation

THAT the report of the Risk & Property Officer dated 11 May 2009 in relation to Cunningham Polocrosse Club Proposed Club Extensions be received and that Council offers no objection to the approval, subject to any development works satisfying the approval process under the current Planning Scheme. Resolution Moved Cr M McMurtrie Seconded Cr V Pennisi.

Carried

11.8 Expiry of Special Lease 38-50557 over Lot 173 on BNT1060 (Res 314) - Knibb Road, Stanthorpe

Recommendation

THAT the report of the Risk & Property Officer dated 11 May 2009 in relation to Expiry of Special Lease - Knibb Road, Stanthorpe be received and that upon expiry of the Special Lease, Council advises the Department of Environment and Resource Management that it is prepared to accept a Trusteeship over the subject area, with a view to offering a lease over the area for a period of 3 years via the tender process. Resolution Moved Cr M McMurtrie Seconded Cr V Pennisi.

Carried


11.9 Renewal of Special Lease 38-52153 over Lot 242 on Crown Plan 896230 - Texas Road, Broadwater

Recommendation

THAT the report of the Risk & Property Officer dated 11 May 2009 in relation to Renewal of Special Lease over Lot 242 on Crown Plan 896230 - Texas Road, Broadwater be received and that Council advise the Department of Environment and Resource Management of the following:

• The Reserve over Lot 242 on Crown Plan 896230 is still required for its gazetted purpose;

• On the expiry of the current lease, Council will not offer a Trustee Lease to the existing Special Lessee;

• Prior to the expiration of the existing Special Lease, Council will advertise this land for the issue of a three (3) year Trustee Lease by way of public tender.


Carried

11.10 Purchase of Mining Reservation in Title - Searle & Ladd

Recommendation

THAT the report of the Risk & Property Coordinator dated 12 May 2009 in relation to Purchase of Mining Reservation in Title - Searle & Ladd be received and that the Department of Environment and Resource Management be advised that Council has no objection to the application subject to the vegetation management issues being dealt with to the Department’s satisfaction. Resolution Moved Cr M McMurtrie Seconded Cr V Pennisi.

Carried


11.11 Queensland Rail Road Dedication Lot 5 RP161681

Recommendation

THAT the report of the Risk & Property Coordinator dated 12 May 2009 in relation to Queensland Rail Road Dedication Lot 5 RP161681 be received and that Council advises Queensland Rail that it is willing to accept its offer to equally share the cost of road dedication within Lot 5 RP161861 as per their letter of 29th January 2009. Resolution Moved Cr M McMurtrie Seconded Cr V Pennisi.

Carried

11.12 Approval to Construct an Amenities Building - Killarney Recreation Club Inc.

Recommendation

THAT the report of the Risk & Property Officer dated 12 May 2009 in relation to Approval to Construct an Amenities Building - Killarney Recreation Club Inc. be received, and that Council requests the Chief Executive Officer to advise the Club that Council has no objection to the proposal subject to any development works satisfying the approval process under the current Planning Scheme. Resolution Moved Cr M McMurtrie Seconded Cr V Pennisi.

Carried

11.13 Operational Plan 2009/2010

Recommendation

THAT the report of the Governance Officer dated 14 April 2009 in relation to the Operational Plan 2009/2010 be received and that the Operational Plan 2009/2010 be adopted in principle for formal adoption at the July 2009 Special Budget Meeting. Resolution Moved Cr M McMurtrie Seconded Cr V Pennisi.

Carried


11.14 Adoption of 2009/2010 Revenue Policy

Recommendation

THAT the report of the Director Corporate Services dated 29 April 2009 in relation to Adoption of 2009/2010 Revenue Policy be received and that Council resolves to adopt the Policy as presented. Resolution Moved Cr M McMurtrie Seconded Cr V Pennisi.

Carried Attachment 1. 2009/2010 Revenue Policy


11.15 Review of Purchasing Policy

Recommendation

THAT the report of the Manager Finance dated 27 April 2009 in relation to Review of Purchasing Policy be received and that Council amend Schedule 1 - Procurement Delegation of the Purchasing Policy to include the following:

Purchasing

PositionExpenditure

Limit Order Purchase

CardMonthly

limitTransaction Limit

Depot Coordinator 15,000 2,000 300Asset Engineer 10,000 x

Purchase Cards


Carried

11.16 Monaro Club of Queensland National Event

Recommendation

THAT the report of the Director Corporate Services dated 30 April 2009 in relation to the Monaro Club of Queensland National Event be received and that Council notes the cost of the assistance requested and approves the inclusion of an amount of approximately $5,500 in the 2009/2010 Budget to support the event. Resolution Moved Cr M McMurtrie Seconded Cr V Pennisi.

Carried


11.17 Donation Requests - May 2009

Recommendation

THAT the report of the Expenditure Coordinator dated 7 May 2009 in relation to Donation Requests - May 2009 be received and that Council

• Donate up to $500 to Cunningham Pony Club upon presentation of a paid invoice towards the construction of a jumps trailer;

• Provide $460 to the Opera in the Vineyard for sponsorship of the event with a recommendation that the building inspection fee of $460 charged to inspect the marquee be investigated and reported back to Council;

• The Donations Policy be reviewed to clarify the difference between one-off fees and fees that occur periodically, particularly in relation to the building inspections for marquees;

• Sponsor two races at the Charity Race Day held by Warwick Turf Club Inc on 20 June 2009 for $660 (including GST).


Carried

11.19 Budget Amendment Request The attached budget amendment request was put forward for Councillors consideration.

Recommendation

THAT the attached budget amendment request from the Governance Officer dated 30 April 2009 outlining funding received but not budgeted for be noted, and that Council authorises the 2008/2009 budget to be amended to reflect the additional revenue received. Resolution Moved Cr M McMurtrie Seconded Cr V Pennisi.

Carried Attachment 1. Budget Amendment Request


11.20 Capital Assistance Loan - Warwick Hockey Association Incorporated

Recommendation

THAT the Confidential report of the Manager Finance dated 12 May 2009 in relation to Capital Assistance Loan - Warwick Hockey Association Incorporated be received and that Council approves a loan for $200,000 to the Association, to be repaid over ten years with annual repayments of $24,000. Resolution Moved Cr M McMurtrie Seconded Cr V Pennisi.

Carried

12. REPORTS OF DEPUTATIONS CONFERENCES ETC.

12.1 Reports of Deputations & Conferences Councillors provided reports on their attendance at various conferences.

Recommendation

THAT the following reports be received:- 1. Cr Shelley’s written report on her attendance at the Saleyards Conference held in

Dalby from 12 – 14 May 2009. 2. Cr Bellingham’s verbal report on his attendance at the ULGA Conference held at

Bundaberg.from 14 – 15 May 2009.

Resolution

Moved Cr D Ingram Seconded Cr V Pennisi.

Carried The meeting adjourned for Lunch at 1.10pm and reconvened at 2.00pm at which time were present Crs Bellingham, Bartley, Blundell, Gow, Ingram, McMurtrie, Meiklejohn, Pennisi and Shelley.


13. REPORTS FROM DELEGATES APPOINTED BY THE COUNCIL TO OTHER BODIES

13.1 Reports from Delegates Appointed by Council to Other Bodies Councillors provided reports on their attendance at various meetings as delegates of Council.

Recommendation

THAT the following reports be received:- 1. Cr McMurtrie – Road Safety Committee meeting. 2. Cr McMurtie - Stanthorpe Art Gallery May meeting. 3. Cr Gow – Pest Management Group meeting.

Resolution

Moved Cr V Pennisi Seconded Cr R Bartley.

Carried

14. OFFICER’S REPORTS

14.1 G Cheney - Reconfiguring a Lot, Mt Tabor Road, Sladevale Recommendation THAT the report of the Manager Planning Services dated 7 April 2009 in relation to G Cheney - Reconfiguring a Lot, Mt Tabor Road, Sladevale be received and the application for the subdivision into three lots of land at Mount Tabor Road, Sladevale, described as Lots 13 & 14 SP181083, Parish of Warwick, County of Merivale, be approved subject to the following conditions: Approved Plans

1. The development of the site is to be generally in accordance with the following proposal plan submitted by the applicant, EXCEPT THE DEVELOPMENT IS TO INCLUDE THE DEDICATION AND CONSTRUCTION OF A ROAD IN ACCORDANCE WITH CONDITIONS 5 & 6, as determined by the Director Planning and Environment, and subject to the final development being amended in accordance with the conditions of this approval.

• Plan No. W3655-02 dated 27 January 2009 prepared by Gary Hayes & Partners Pty Ltd

Amenity & Environmental Controls

2. Prior to Council signing the Plan of Subdivision, the applicant must ensure that all lots are in a clean and tidy state, e.g. free of materials and rubbish.

3. Declared pest plants on the land must be destroyed to the satisfaction of the Manager Environmental Services, prior to Council signing the Plan of Subdivision.


Roadworks and Stormwater Drainage

4. The applicant must reinstate any footpaths, kerbing and channelling, roadworks and drainage works damaged during construction of the development, to the satisfaction of the Director Engineering Services.

5. The applicant is to construct at no cost to Council, a new road to provide vehicle access to all proposed new lots, to the satisfaction of the Director Engineering Services. This road is to be constructed in asphaltic concrete and such works are to include mountable kerbing and channelling, stormwater drainage, street tree planting (as required) and the top dressing of footpaths with good quality top soil, to the satisfaction of the Director Engineering Services. The new road is to be a minimum of 12.0 metres wide with a minimum sealed carriageway width of 5.5 metres.

6. The applicant is to incorporate within the design and construction of the road within the subdivision, measures to reduce traffic speeds within the subdivision and to enhance the pedestrian safety and streetscape quality of the subdivision.

(a) The intersection of the new road with Mt Tabor Road is be designed as a right angle, and treated so as to constrict vehicular movements and enhance both the safety and streetscape quality of the intersection, e.g. be incorporating landscaping and pavement treatments. The intersection is to be designed so as to ensure traffic safety including suitable sight distances.

(b) The design is to allow for a refuse collection truck to manoeuvre within the cul-de-sac.

7. The applicant is to construct at no cost to Council, a stormwater drainage system serving the development and the stormwater is to be disposed of to a legal point of discharge, to the satisfaction of the Director Engineering Services. Where the finished levels of a proposed allotment are such that stormwater runoff from all or part of the allotment cannot be gravity discharged to the street, an underground drainage line shall be provided to discharge the runoff from the allotment, to the satisfaction of the Director Engineering Services. Where necessary suitable easements shall be provided to Council, at the applicant’s cost.

Water Supply & Sewerage

8. The applicant is to provide at no cost to Council, a connection to the water supply system for each allotment, including the provision of water meters. Where necessary external water infrastructure, including storage at the Mount Tabor reservoir, shall be upgraded to serve the proposed development. Such works are to be carried out to the satisfaction of the Director Engineering Services. Where necessary suitable easements shall be provided to Council, at the applicant’s cost.

9. The applicant is to pay a capital contribution equivalent to the contribution for water supply headworks in accordance with Council’s Planning Scheme Policy No. 3 (Water Supply and Sewerage Headworks Contributions, Water Supply and Sewerage Works External Contributions). The current charge is $3000 per additional allotment. This amount is valid at the time of approval and may be increased in accordance with Council’s Policy. The actual contribution to be paid is the headworks charge applicable in accordance with Council’s Policy and Fees and Charges at the time the Plan of Subdivision is signed. Such contribution is to be paid prior to the signing of the Plan of Subdivision.

Parks and Pedestrian Works

11. The applicant is to contribute an amount of $300 per additional allotment for park purposes in accordance with Council’s Planning Scheme Policy No. 2 (Park Provisions and Park Contributions). Such contribution is to be paid prior to the approval of the plans of subdivision.


12. The applicant shall construct a 1.5 metre wide concrete pedestrian footpath on the Mount Tabor Road frontage of the site, extending from the existing concrete path to the southern boundary of the land, to the satisfaction of the Director Engineering Services.

Electricity, Street Lighting and Telecommunications

13. The applicant must provide, at no cost to Council, underground reticulated electricity to each lot to the requirements of Ergon Energy. Prior to Council signing the Plan of Subdivision, the applicant is to provide written confirmation from Ergon Energy that reticulated electricity has been installed to service each lot.

Operational Works

14. A Development Permit for Operational Works must be obtained in accordance with the Integrated Planning Act for the Operational Works required in Conditions 5, 6, 7, 8, 9 & 12. A Price Schedule of Quantities certified by a Registered Professional Engineer in Queensland (RPEQ) is to be submitted with the Application for Operational Works. Fees for an Application for Operational Works, i.e. approval of engineering design and inspection fees (min. $550), are as follows:

• 6% for the first $20,000 of the capital value of construction work, PLUS 2% for the amount in excess of $20,000 of the capital value of construction work for the purpose of carrying out a design check of the engineering works associated with the development and for supervision of engineering works associated with the development. Such supervision is additional to and not in lieu of supervision required under the contractual obligations of the developer’s design consultant.

50% of the fee (for design approval), based on the capital value of the works at the date of lodgement of design plans, is payable at the date of lodgement.

The balance amount (the inspection fee), which is based on the capital value of the works at the time of commencement of construction, is payable prior to the Plan of Subdivision being signed by Council.

15. All Operational Works shall be subject to a 12 months Defect Liability Period commencing from the date of completion of the works, being the day of the works being accepted on-maintenance by Council officers. 5% of the total construction costs or final contract amount for these operational works shall be submitted to Council to be held by Council as security. Council will hold this money in trust pending the expiration of the defect liability period. These funds will be refunded following a defect-free inspection at the end of the Defect Liability Period.


17. The Operational Works shall be carried out in accordance with the provisions of the Planning Scheme, and all engineering requirements associated with the development shall be completed to the satisfaction of the Director Engineering Services prior to approval of the Plan of Subdivision by Council.

18. All works associated with the development shall be carried out so as to minimise soil erosion and to control sediment, and such measures shall be incorporated into the engineering design of the development, to the satisfaction of the Director Engineering Services. An Erosion and Sediment Control Plan must be submitted for approval with the Application for Operational Works.

19. All vehicles associated with the construction of development must access the site via sealed roads only. The use of the any of the gravel sections of Mount Tabor Road, Robinsons Road, McMahons Road, East Street, Ogilvie Road and Jensens Road is prohibited.


Aboriginal Cultural Heritage

20. In carrying out the development, all reasonable and practicable measures must be taken to ensure that no harm is caused to Aboriginal cultural heritage (the “cultural heritage duty of care”). The applicant will be complying with the cultural heritage duty of care if the development is conducted in accordance with gazetted cultural heritage duty of care guidelines. An assessment of the proposed activity against the duty of care guidelines will help determine whether or to what extent Aboriginal cultural heritage may be harmed by the activity. Further information on cultural heritage, together with a copy of the duty of care guidelines and cultural heritage search forms, may be obtained from www.nrw.qld.gov.au.



22. In accordance with the provisions and time limits of Section 3.7.2 of the Integrated Planning Act, the applicant is to lodge with Council the Plan of Subdivision for the proposed reconfiguring of a lot for approval. The Plan of Subdivision is to comply with the requirements of the Titles Office and the provisions of the Integrated Planning Act. Council will NOT approve this plan unless all conditions of this approval and the requirements of the Planning Scheme and the Integrated Planning Act have been complied with to the satisfaction of Council. Council approval of the Plan of Subdivision will lapse six months from the date of approval of the plan unless the approved Plan of Subdivision is registered in the Office of the Registrar of Titles, or an application for reapproval of the plan is approved by Council in accordance with the Integrated Planning Act.

Resolution Moved Cr N Meiklejohn Seconded Cr M McMurtrie.

Lost 2.54pm Cr N Meiklejohn left the meeting. 2.56pm Cr N Meiklejohn rejoined the meeting


14.1.1 Refusal: G Cheney - Reconfiguring a Lot, Mt Tabor Road, Sladevale

Recommendation

THAT the report of the Manager Planning Services dated 7 April 2009 in relation to General Council Meeting Agenda Master 25 May 2009 (Minutes) be received and the application for the subdivision into three lots of land at Mount Tabor Road, Sladevale, described as Lots 13 & 14 SP181083, Parish of Warwick, County of Merivale, be refused for the following reasons: 1. Reduction of separation distances between existing lots. 2. Visual impact to the existing amenity of the Mt Tabor area. 3. Use of easement for common access to proposed lots instead of individual entrances.

Resolution

Moved Cr C Gow Seconded Cr B Shelley.

Withdrawn

14.1.2 Reconfiguring a Lot: G Cheney, Mt Tabor Road, Sladevale

Recommendation

THAT the report of the Manager Planning Services dated 7 April 2009 in relation to G Cheney - Reconfiguring a Lot, Mt Tabor Road, Sladevale be received and the application for the subdivision into three lots of land at Mount Tabor Road, Sladevale, described as Lots 13 & 14 SP181083, Parish of Warwick, County of Merivale, be approved subject to the following conditions: Approved Plans

1. The development of the site is to be generally in accordance with the following proposal plan submitted by the applicant, EXCEPT THE DEVELOPMENT IS TO INCLUDE THE DEDICATION AND CONSTRUCTION OF A ROAD IN ACCORDANCE WITH CONDITIONS 5 & 6, as determined by the Director Planning and Environment, and subject to the final development being amended in accordance with the conditions of this approval.

• Plan No. W3655-02 dated 27 January 2009 prepared by Gary Hayes & Partners Pty Ltd

Amenity & Environmental Controls

2. Prior to Council signing the Plan of Subdivision, the applicant must ensure that all lots are in a clean and tidy state, e.g. free of materials and rubbish.

3. Declared pest plants on the land must be destroyed to the satisfaction of the Manager Environmental Services, prior to Council signing the Plan of Subdivision.

Roadworks and Stormwater Drainage

4. The applicant must reinstate any footpaths, kerbing and channelling, roadworks and drainage works damaged during construction of the development, to the satisfaction of the Director Engineering Services.


5. The applicant is to construct at no cost to Council, a new road to provide vehicle access to all proposed new lots, to the satisfaction of the Director Engineering Services. This road is to be constructed in asphaltic concrete and such works are to include mountable kerbing and channelling, stormwater drainage, street tree planting (as required) and the top dressing of footpaths with good quality top soil, to the satisfaction of the Director Engineering Services. The new road is to be a minimum of 12.0 metres wide with a minimum sealed carriageway width of 5.5 metres.

6. The applicant is to incorporate within the design and construction of the road within the subdivision, measures to reduce traffic speeds within the subdivision and to enhance the pedestrian safety and streetscape quality of the subdivision.

(a) The intersection of the new road with Mt Tabor Road is be designed as a right angle, and treated so as to constrict vehicular movements and enhance both the safety and streetscape quality of the intersection, e.g. be incorporating landscaping and pavement treatments. The intersection is to be designed so as to ensure traffic safety including suitable sight distances.

(b) The design is to allow for a refuse collection truck to manoeuvre within the cul-de-sac.

7. The applicant is to construct at no cost to Council, a stormwater drainage system serving the development and the stormwater is to be disposed of to a legal point of discharge, to the satisfaction of the Director Engineering Services. Where the finished levels of a proposed allotment are such that stormwater runoff from all or part of the allotment cannot be gravity discharged to the street, an underground drainage line shall be provided to discharge the runoff from the allotment, to the satisfaction of the Director Engineering Services. Where necessary suitable easements shall be provided to Council, at the applicant’s cost.

Water Supply & Sewerage

8. The applicant is to provide at no cost to Council, a connection to the water supply system for each allotment, including the provision of water meters. Where necessary external water infrastructure, including storage at the Mount Tabor reservoir, shall be upgraded to serve the proposed development. Such works are to be carried out to the satisfaction of the Director Engineering Services. Where necessary suitable easements shall be provided to Council, at the applicant’s cost.

9. The applicant is to pay a capital contribution equivalent to the contribution for water supply headworks in accordance with Council’s Planning Scheme Policy No. 3 (Water Supply and Sewerage Headworks Contributions, Water Supply and Sewerage Works External Contributions). The current charge is $3000 per additional allotment. This amount is valid at the time of approval and may be increased in accordance with Council’s Policy. The actual contribution to be paid is the headworks charge applicable in accordance with Council’s Policy and Fees and Charges at the time the Plan of Subdivision is signed. Such contribution is to be paid prior to the signing of the Plan of Subdivision.

Parks and Pedestrian Works

11. The applicant is to contribute an amount of $300 per additional allotment for park purposes in accordance with Council’s Planning Scheme Policy No. 2 (Park Provisions and Park Contributions). Such contribution is to be paid prior to the approval of the plans of subdivision.

12. The applicant shall construct a 1.5 metre wide concrete pedestrian footpath on the Mount Tabor Road frontage of the site, extending from the existing concrete path to the southern boundary of the land, to the satisfaction of the Director Engineering Services.


Electricity, Street Lighting and Telecommunications

13. The applicant must provide, at no cost to Council, underground reticulated electricity to each lot to the requirements of Ergon Energy. Prior to Council signing the Plan of Subdivision, the applicant is to provide written confirmation from Ergon Energy that reticulated electricity has been installed to service each lot.

14. Street lighting shall be provided within the subdivision at the applicant’s cost in accordance with AS/NZS 1158, and to the satisfaction of the Director Technical Services.

Operational Works

14. A Development Permit for Operational Works must be obtained in accordance with the Integrated Planning Act for the Operational Works required in Conditions 5, 6, 7, 8, 9, 12 & 14. A Price Schedule of Quantities certified by a Registered Professional Engineer in Queensland (RPEQ) is to be submitted with the Application for Operational Works. Fees for an Application for Operational Works, i.e. approval of engineering design and inspection fees (min. $550), are as follows:

• 6% for the first $20,000 of the capital value of construction work, PLUS 2% for the amount in excess of $20,000 of the capital value of construction work for the purpose of carrying out a design check of the engineering works associated with the development and for supervision of engineering works associated with the development. Such supervision is additional to and not in lieu of supervision required under the contractual obligations of the developer’s design consultant.

50% of the fee (for design approval), based on the capital value of the works at the date of lodgement of design plans, is payable at the date of lodgement.

The balance amount (the inspection fee), which is based on the capital value of the works at the time of commencement of construction, is payable prior to the Plan of Subdivision being signed by Council.

15. All Operational Works shall be subject to a 12 months Defect Liability Period commencing from the date of completion of the works, being the day of the works being accepted on-maintenance by Council officers. 5% of the total construction costs or final contract amount for these operational works shall be submitted to Council to be held by Council as security. Council will hold this money in trust pending the expiration of the defect liability period. These funds will be refunded following a defect-free inspection at the end of the Defect Liability Period.


17. The Operational Works shall be carried out in accordance with the provisions of the Planning Scheme, and all engineering requirements associated with the development shall be completed to the satisfaction of the Director Engineering Services prior to approval of the Plan of Subdivision by Council.

18. All works associated with the development shall be carried out so as to minimise soil erosion and to control sediment, and such measures shall be incorporated into the engineering design of the development, to the satisfaction of the Director Engineering Services. An Erosion and Sediment Control Plan must be submitted for approval with the Application for Operational Works.

19. All vehicles associated with the construction of development must access the site via sealed roads only. The use of the any of the gravel sections of Mount Tabor Road,


Robinsons Road, McMahons Road, East Street, Ogilvie Road and Jensens Road is prohibited.

Aboriginal Cultural Heritage

20. In carrying out the development, all reasonable and practicable measures must be taken to ensure that no harm is caused to Aboriginal cultural heritage (the “cultural heritage duty of care”). The applicant will be complying with the cultural heritage duty of care if the development is conducted in accordance with gazetted cultural heritage duty of care guidelines. An assessment of the proposed activity against the duty of care guidelines will help determine whether or to what extent Aboriginal cultural heritage may be harmed by the activity. Further information on cultural heritage, together with a copy of the duty of care guidelines and cultural heritage search forms, may be obtained from www.nrw.qld.gov.au.



22. In accordance with the provisions and time limits of Section 3.7.2 of the Integrated Planning Act, the applicant is to lodge with Council the Plan of Subdivision for the proposed reconfiguring of a lot for approval. The Plan of Subdivision is to comply with the requirements of the Titles Office and the provisions of the Integrated Planning Act. Council will NOT approve this plan unless all conditions of this approval and the requirements of the Planning Scheme and the Integrated Planning Act have been complied with to the satisfaction of Council. Council approval of the Plan of Subdivision will lapse six months from the date of approval of the plan unless the approved Plan of Subdivision is registered in the Office of the Registrar of Titles, or an application for reapproval of the plan is approved by Council in accordance with the Integrated Planning Act.

Resolution

Moved Cr N Meiklejohn Seconded Cr P Blundell.

Carried


14.2 Meeting of Regional Councils

Recommendation

THAT the report of the Chief Executive Officer dated 21 May 2009 in relation to Meeting of Regional Councils be received and that Council invite the Mayor and Chief Executive Officers of Toowoomba Regional Council, Dalby Regional Council and Goondiwindi Regional Council to a meeting to discuss options towards creating a regional local authority body. Resolution Moved Cr P Blundell Seconded Cr D Ingram.

Carried

15. NOTICE OF MOTION

Nil.

16. GENERAL BUSINESS

16.1 Nomination to Host 2010 ALGWA Conference Cr McMurtrie raised the issue of Council nominating Warwick to host the 2010 ALGWA Conference

Recommendation

THAT Council authorise Cr McMurtrie to nominate Warwick to host the 2010 ALGWA Conference at the upcoming 2009 Conference.

Resolution

Moved Cr V Pennisi Seconded Cr P Blundell.

Carried


Meeting in Camera Recommendation THAT the meeting move into camera pursuant to Section 463(1)(f) of the Local Government Act 1993 for the purposes of discussing legal issues. Council noted that it is the intent by doing so to keep all the matters discussed during the session strictly confidential. Meeting moved into camera at 3.58pm. Moved Cr P Blundell Seconded Cr N Meiklejohn.

Meeting out of Camera Resolved THAT the meeting move out of camera at 4.03pm.

Carried

17. CONSIDERATION OF CONFIDENTIAL BUSINESS ITEMS

17.1 Planning & Environment Court Appeal 2324 of 2008 - Astute Property Investments Pty Ltd v Southern Downs Regional Council CONFIDENTIAL

Recommendation

THAT the Confidential report of the Director Planning & Environment dated 21 May 2009 in relation to Planning & Environment Court Appeal 2324 of 2008 - Astute Property Investments Pty Ltd v Southern Downs Regional Council be received and that:- A. Council appoint the Chief Executive Officer as its delegate to participate in mediation;

B. The delegate is to have authority to settle this action and/or make an agreement at mediation upon such terms as Council’s legal advisors may recommend or approve; and

C. Council delegate to the Chief Executive Office authority to engage legal counsel and expert witnesses as necessary in defending Council's decision on this development application.

Resolution Moved Cr B Shelley Seconded Cr N Meiklejohn.

Carried


8.16 Recommended Changes to Gordon Country Camping Ground Permit Conditions

Recommendation

THAT the report of the Manager Environmental Services dated 12 May 2009 in relation to the Gordon Country Camping Ground Permit be received and: A THAT Council seek legal advice in relation to the reasonableness of the proposed

permit conditions for the Gordon Country Camping Ground as detailed in the report and as discussed at the Planning & Environment Committee Meeting;

B. THAT Council delegate authority to the Chief Executive Officer to take the necessary action to change the permit conditions for the Gordon Country Camping Ground subject to legal advice confirming that conditions are reasonable and including any recommended changes;

C. That subject to Recommendations A & B the Chief Executive Officer advise Imperial Sapphire Pty Ltd of proposed changes to the permit and that Imperial Sapphire Pty Ltd may make written representations regarding the proposed changes.

Resolution Moved Cr N Meiklejohn Seconded Cr V Pennisi.

Carried

MEETING CLOSURE

There being no further business, the meeting closed at 4.05pm.


Original Council Agenda - Southern Downs Regionagendaarchive.sdrc.qld.gov.au/Minutes/2009/General...

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Transcript of Original Council Agenda - Southern Downs Regionagendaarchive.sdrc.qld.gov.au/Minutes/2009/General...