Original Council Agenda - Southern Downs...

SOUTHERN DOWNS REGIONAL COUNCIL

GENERAL MEETING OF

COUNCIL

MINUTES OF THE GENERAL MEETING OF COUNCIL

Held in the Council Chambers on

Wednesday, 24 February 2010 at 9.05 am

General Meeting of Council - 24 February 2010

WEDNESDAY 24 FEBRUARY 2010 General Meeting of Council ORDER OF BUSINESS: ITEM PRECIS PAGE

1. PRESENT 5

2. APOLOGIES 53. CONDOLENCES 53.1 Condolences 54. READING AND CONFIRMATION OF MINUTES 55. RESUMPTION OF DEBATE ON MOTIONS OR ORDERS OF THE DAY

LAPSED AT PREVIOUS MEETINGS 6

5.1 Administrative Operations of Warwick Tourism & Events 66. READING AND CONSIDERATION OF CORRESPONDENCE 66.1 Correspondence Received for the Period Ending 18 February 2010 67. RECEPTION AND READING OF PETITIONS AND JOINT LETTERS 77.1 Petition Requesting Council Purchase a Permanent Piano for the

Warwick Art Gallery 7

7.2 Joint Letter in Support of Development Application for Reconfiguration of a Lot - 184 Warner Street, Rosenthal Heights

7

8. PLANNING AND ENVIRONMENT COMMITTEE REPORTS 88.1 Draft Queensland Murray-Darling Basin Regional Pest Management

Strategy 8

8.3 Amendment to Schedule of General Fees & Charges 88.5.1 23 Granite Street, Stanthorpe - Recycling Collection Service 9Meeting in Camera 9Meeting out of Camera 108.5 Recycling Collection Services at 23 Granite Street, Stanthorpe 108.15 Negotiated Decision - Gill, Saddledam Road, Leslie Dam 108.16 Request for Negotiated Decision - B & S Ryan, Thornton Road,

Rosenthal Heights 11

8.17 Reconfiguration of a Lot - R Munroe, 184 Warner Street, Rosenthal Heights

12

8.2 Application to Vary Liquor Licence 128.4 Delegations under the Animal Management (Cats & Dogs) Act 2008 138.6 Material Change of Use - Warwick Gospel Hall Trust No. 2,

Freestone Road, Warwick 13

8.7 Warwick Gospel Hall Trust 178.8 Material Change of Use - B Marriage, 173 Warahgai Road, Karara 178.9 Material Change of Use - Killarney View Caravan Park, Warwick-

Killarney Road, Killarney 33

8.10 Request for Negotiated Decision - Billywacs Pty Ltd, McMasters Road, Freestone

35


8.11 Material Change of Use - Antioch Capital Pty Ltd, 96 Percy Street, Warwick

38

8.12 Material Change of Use - I J Rickard, 36 Wood Street, Warwick 428.13 Notice of Appeal to Planning & Environment Court, Appeal No.

BD313 of 2010 - 84 Fitzroy Street, Warwick 47

8.14 Reconfiguring a Lot - Glen Aplin Memorial Hall & Sports Club Inc, Walters Street, Glen Aplin

47

9. COMMUNITY SERVICES COMMITTEE REPORTS 509.1 Director Community Services Report 509.2 Feasibility of Shuttle Bus Service to Brisbane Airport 509.3 Youth Space Working Party 5110. ENGINEERING SERVICES COMMITTEE REPORTS 5110.1 Monthly Report of the Engineering Services Directorate 5110.2 Contract No. 10/10 - Supply & Delivery of Ready Mixed Concrete 5110.3 Stanthorpe Urban Water Planning - Preliminary Investigation Works

into a Weir and Associated Off-stream Storage, Pumps and Pipeline at the Petries Crossing Site

52

10.4 Drainage Issue at Warwick Racecouse 5211. CORPORATE SERVICES COMMITTEE REPORTS 5311.3 Tidy Towns Competition 5311.1 Lease over Lot 178 on ML2036 for the Warwick Saleyards 5311.2 Financial Review to 31 January 2010 5411.4 Study Assistance Application 5412. REPORTS OF DEPUTATIONS CONFERENCES ETC. 5412.1 Appointment of Representative to Dalrymple Catchment

(Groundwater) Committee 54

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

55

13.1 Report from Delegates Appointed by Council to Other Bodies 5514. OFFICER’S REPORTS 5514.1 Wild Dog and Rabbit Pest Barrier Fences 5614.2 2010 Southern Downs Regional Council Councillor By-election 5615. NOTICE OF MOTION 5616. GENERAL BUSINESS 5716.1 Appointment of Consultant for Morgan Park MasterPlan 5716.2 Appointment of Cr McNally to External Committees 6016.3 Change to March General Council Meeting 6016.4 Infrastructure Symposium 2010 - Endorsement of Attendance 6117. CONSIDERATION OF CONFIDENTIAL BUSINESS ITEMS 61Meeting in Camera 61Meeting out of Camera 6110.5 Request to Modify Conditions - Warwick Enterprise Park, 65 Old

Stanthorpe Road, Warwick 62


17.1 Request to Bond Engineering Works Associated with Stage 2 of TRE Developments

63

17.2 Extension to Community Use (Resource Centre and Multi-Purpose Hall) - 45 Fitzroy Street, Warwick

64

MEETING CLOSURE 78

1. PRESENT

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

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

Recommendation

THAT the report of the Chief Executive Officer dated 18 February 2010 in relation to Condolences be received. Resolved

4. READING AND CONFIRMATION OF MINUTES

Moved Cr R Bartley Seconded Cr M McMurtrie. THAT the minutes of the General Council Meeting held on 27 January 2010 be adopted.

Carried Moved Cr N Meiklejohn Seconded Cr C Gow. THAT the minutes of the Special Council Meeting held on 1 February 2010 be adopted.

Carried

General Meeting of Council - 24 February 2010 5

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

5.1 Administrative Operations of Warwick Tourism & Events

Recommendation

THAT the report of the Chief Executive Officer dated 18 February 2010 in relation to the Administrative Operations of Warwick Tourism & Events be received and that the matter be deferred to allow a detailed report to be prepared in relation to the request from Warwick Tourism & Events to establish their administrative operations at the Rodeo Heritage Centre. Resolution Moved Cr P Blundell Seconded Cr N Meiklejohn.

Carried

6. READING AND CONSIDERATION OF CORRESPONDENCE

6.1 Correspondence Received for the Period Ending 18 February 2010

Recommendation

THAT the report of the Chief Executive Officer dated 18 February 2010 in relation to Correspondence be received. Resolution Moved Cr R Bellingham Seconded Cr D Ingram.

Carried


7. RECEPTION AND READING OF PETITIONS AND JOINT LETTERS

7.1 Petition Requesting Council Purchase a Permanent Piano for the Warwick Art Gallery

Recommendation

THAT the report of the Chief Executive Officer dated 18 February 2010 in relation to Petition Requesting Council Purchase a Permanent Piano for the Warwick Art Gallery be received and Council note that the Petition has been referred to Council's Department of Community Services and the Warwick Art Gallery Committee for their consideration. Resolution Moved Cr P Blundell Seconded Cr D Ingram.

Carried

7.2 Joint Letter in Support of Development Application for Reconfiguration of a Lot - 184 Warner Street, Rosenthal Heights

Recommendation

THAT the report of the Chief Executive Officer dated 18 February 2010 in relation to Joint Letter in Support of a Development Application for Reconfiguration of a Lot at 184 Warner Street, Rosenthal Heights be received and that Council note that the Joint Letter has been referred to Council's Department of Planning & Environment. Resolution Moved Cr D Ingram Seconded Cr N Meiklejohn.

Carried 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

8.1 Draft Queensland Murray-Darling Basin Regional Pest Management Strategy

Cr P Blundell declared a perceived interest as he is the Chairman of the Queensland Murray-Darling Committee and remained in the room for discussion. Cr P Blundell left the room and did not vote on this Item.

Recommendation

THAT the report of the Manager Environmental Services dated 10 February 2010 in relation to Draft Queensland Murray-Darling Basin Regional Pest Management Strategy (the ‘Strategy’) be received and that Council defer consideration to allow further investigation on this matter with Queensland Murray-Darling Committee on roles and expectations within a Regional Pest Management Plan. Resolution Moved Cr C Gow Seconded Cr V Pennisi.

Carried Cr Blundell rejoined the meeting.

8.3 Amendment to Schedule of General Fees & Charges Recommendation

THAT the report of the Personal Assistant to Director Planning & Environment dated 27 January 2010 in relation to the Amendment to Schedule of General Fees & Charges be received and that:- 1. The Schedule of General Fees & Charges be amended to include the following:-

2. Council review this matter as part of 2010/2011 budget deliberations. Resolution Moved Cr V Pennisi Seconded Cr N Meiklejohn.

Carried


8.5.1 23 Granite Street, Stanthorpe - Recycling Collection Service

Recommendation

THAT the report of the Manager Environmental Services dated 10 February 2010 in relation to Recycling Collection Services at 23 Granite Street, Stanthorpe be received and that Council take the 6 (six) recycling bins back on a storage arrangement with service charges to still apply.

Resolution

Moved Cr V Pennisi Seconded Cr M McMurtrie.

Lost The Mayor accepted a call for a Division on the motion from the floor and the following votes were recorded: For: Crs McMurtrie, Gow, Pennisi and Meiklejohn (4) Against: Crs Blundell, McNally, Bartley, Ingram and Bellingham (5) Accordingly the Mayor declared the motion lost. 10.20am Presentation from Robyn Devine and John Mills from Scouts Queensland in

relation to the 2010 Cuboree being held in Stanthorpe. Sarah Reeves, Economic Development Officer, Stanthorpe Office joined the meeting for morning tea. The meeting adjourned for Morning Tea at 10.37am and reconvened at 11.10am at which time were present Crs Bellingham, Bartley, Blundell, Gow, Ingram, McMurtrie, Meiklejohn, Pennisi and McNally.

Meeting in Camera Recommendation THAT the meeting move into camera pursuant to Section 463(1)(h) of the Local Government Act 1993 for the purposes of discussing revaluations for the region. 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 11.10am. Moved Cr N Meiklejohn Seconded Cr V Pennisi. 11.10am Presentation from Offices from Department of Environment & Resource

Management regarding revaluations for the region.


Meeting out of Camera Resolved THAT the meeting move out of camera at 11.58am.

Carried

8.5 Recycling Collection Services at 23 Granite Street, Stanthorpe

Recommendation

THAT the report of the Manager Environmental Services dated 10 February 2010 in relation to Recycling Collection Services at 23 Granite Street, Stanthorpe be received and that Council take no further action in this matter. Resolution Moved Cr V Pennisi Seconded Cr D Ingram.

Carried

8.15 Negotiated Decision - Gill, Saddledam Road, Leslie Dam

Recommendation

THAT the report of the Manager Planning Services dated 2 February 2010 in relation to Request for Negotiated Decision – M Gill, Saddledam Road, Leslie Dam be received and the:-

A. The request for a Negotiated Decision in relation to the Development Permit dated 4 January 2010 for Realignment of the Boundaries of land at 256 Saddledam Road, Leslie Dam, described as Lots 2 & 3 RP105153, Parish of Rosenthal, County of Merivale, be approved despite the conflict with the Planning Scheme for the following reasons:-

1. As a boundary realignment electricity supply is generally already connected to

the land. 2. There is no need to connect electricity to the newly configured balance lot until

such time that a dwelling is constructed on the land. 3. The location of a new dwelling will influence the design of the electricity

connection and it is premature to provide for a connection, to the land, until such time as the location of any future dwelling or other buildings is known.

4. Appropriate arrangements for connection of electricity can be made at the time

of any future building approval.


B. The request for a Negotiated Decision in relation to the Development Permit dated 4

January 2010 for Realignment of the Boundaries of land at 256 Saddledam Road, Leslie Dam, described as Lots 2 & 3 RP105153, Parish of Rosenthal, County of Merivale, be approved and Condition 5 of Schedule 1 be deleted.

Resolution Moved Cr M McMurtrie Seconded Cr V Pennisi.

Carried The Mayor accepted a call for a Division on the motion from the floor and the following votes were recorded: For: Crs McMurtrie, Gow, Pennisi, McNally and Ingram (5) Against: Crs Blundell, Bartley, Meiklejohn and Bellingham (4) Accordingly the Mayor declared the motion carried.

8.16 Request for Negotiated Decision - B & S Ryan, Thornton Road, Rosenthal Heights

Recommendation THAT the report of the Manager Planning Services dated 3 February 2010 in relation to Request for Negotiated Decision - B & S Ryan, Thornton Road, Warwick be received and that:- A. The request for a Negotiated Decision in relation to the Development Permit dated

4 January 2010 for the subdivision of land located on Thornton Road and William Craig Drive, Warwick, described as Lot 10 SP158092, Parish of Rosenthal, County of Merivale, be approved despite conflict with the Planning Scheme for the following reasons:-

1. Part of the infrastructure potentially is the responsibility of Council as it involves

property not related to this development 2. The new large lot will have no intensification of use and should remain exempt

until such time as a future application to subdivide is received. 3. Infrastructure such as sewer and drainage may impact on kerbing when

eventually installed 4. Infrastructure imposed without due diligence on impacts is premature.


B. The request for a Negotiated Decision in relation to the Development Permit dated

4 January 2010 for the subdivision of land located on Thornton Road and William Craig Drive, Warwick, described as Lot 10 SP158092, Parish of Rosenthal, County of Merivale, be approved and Condition 5 of Schedule 1 be deleted.

Resolution Moved Cr N Meiklejohn Seconded Cr R Bartley.

Carried

8.17 Reconfiguration of a Lot - R Munroe, 184 Warner Street, Rosenthal Heights Recommendation THAT the report of the Manager Planning Services dated 8 February 2010 in relation to Reconfiguring a Lot – R Munroe, 186 Warner Street, Rosenthal Height be received and that the application for the Rural Residential Subdivision of land at 184 Warner Street, Rosenthal Heights, described as Lot 3 RP886419, Parish of Warwick, County of Merivale, be deferred in accordance with the applicants written request for a period of up to 3 months.

Resolution Moved Cr N Meiklejohn Seconded Cr R Bartley.

Carried

8.2 Application to Vary Liquor Licence Recommendation THAT the report of the Manager Planning Services dated 27 January 2010 in relation to Application to Vary Liquor Licence be received and: A. THAT the Office of Liquor and Gaming Regulation be advised that subject to the Hotel

Stanthorpe being licensed from 10.00am to 12.00 midnight, Monday to Sunday, Council has no objection to the granting of the application by Palarn Pty Ltd to vary the liquor licence for the Hotel Stanthorpe by removing conditions LL83174/4, LL83174/5, LL83174/6, LL83174/7 and LL83174/8; and

B. THAT Council offer no objection to the granting of an application for a liquor licence for

Bella Rosa’s Tea Rooms, Cottage and Garden Centre at 357 Granite Belt Drive, Thulimbah.

Resolution Moved Cr N Meiklejohn Seconded Cr M McMurtrie.

Carried


8.4 Delegations under the Animal Management (Cats & Dogs) Act 2008

Recommendation

THAT the report of the Manager Environmental Services dated 9 February 2010 in relation to proposed delegations by the Southern Downs Regional Council to the Chief Executive Officer be received and that Council resolve to:

A. Pursuant to section 472 of the Local Government Act 1993, delegate its powers

under sections 49, 74, 75, 77, 79, 84, 87, 89, 90, 92, 94, 95, 100 and 102 of the Animal Management (Cats & Dogs) Act 2008 to the Chief Executive Officer.


Carried

8.6 Material Change of Use - Warwick Gospel Hall Trust No. 2, Freestone Road, Warwick

Recommendation THAT the report of the Manager Planning Service, dated 2 February 2010 in relation to Application for Material Change of Use - Warwick Gospel Hall Trust No.2, be received and that the application for material change of use for the purpose of a Community Use (Place of Worship) at Freestone Road and described as Lot 1 RP164677, Parish of Warwick, County of Merivale, be approved subject to the following conditions:

Schedule 1 – Southern Downs Regional Council’s Conditions Approved Plans 1. The development of the site is to be generally in accordance with the following

proposal plans submitted by the applicant, SUBJECT TO THE REDESIGN OF THE BUILDING AS REQUIRED BY CONDITION 2, and as determined by the Director Planning and Environment, and subject to the final development being amended in accordance with the conditions of this approval.

• Site Plan of Proposed Meeting Hall, Plan No. WBD090817.1, undated, prepared by Westbuilt Quality Homes

• Floor Plans & elevations of Proposed Meeting Hall, Plan No. WBD090817.2, undated, prepared by Westbuilt Quality Homes

Land Use & Planning Controls 2. The proposed building is to be redesign to reflect a residential style. This

redesign may include verandahs, larger windows, gabling etc. The design, colours and materials of the building are to be in accordance with the residential character of the area. Details of the design, colours and materials of the building and pavement are to be submitted to and approved by the Director Planning and Environment prior to the issue of any Development Permit for Building Work. The building is to be constructed in the approved design, colours and materials.


3. Any proposal to increase the size of the use on the subject land which is defined as assessable development under the Warwick Planning Scheme would be subject to a separate application for assessment in accordance with the Sustainable Planning Act and would have to comply with the requirements of the Planning Scheme.

4. The Meeting Hall shall operate between the hours of 6.00am to 8.00pm on Sunday, and 8.00am to 8.00pm, Monday to Saturday, or as otherwise approved by the Director Planning and Environment.

Building, Health & Development Compliance 5. The conditions of this approval are to be complied with to the satisfaction of the

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

6. The applicant is to apply for Building Approval in accordance with the Sustainable Planning Act for the proposed building work. 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.

Amenity & Environmental Controls

7. All service equipment and refrigeration units are 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 Development.

8. 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.

9. Any lighting device is to be so positioned and shielded so as not to cause any glare nuisance to any nearby residential property or passing motorist.

10. All cleared or lopped timber and vegetation must be processed on site by wood chipping, mulching or similar method, subject to the approval of the Manager Environmental Services. Any processing of trees or vegetation must be carried out in a safe manner and without any adverse environmental impacts from noise or dust emissions, and in accordance with any requirements under the Environmental Protection Act 1994. All green waste mulch must be used on site, unless disposal or removal to another site is approved by the Manager Environmental Services.

11. No trees within the road reserve are to be removed or damaged as a result of this development.

12. Any advertising device is to be of a size and design compatible with the residential character of the surrounding area and is to be located to the satisfaction of the Director Planning and Environment.

Landscaping and Buffers 13. Fencing is to be provided generally in accordance with Plan No. WBD090817.1,

undated, prepared by Westbuilt Quality Homes. This screen fencing is to be provided at the developer’s cost. The screen fencing along the southern boundary of the land is to reduce in height to be no more than 1.2 metres high within 6.0 metres of the road boundary.

14. A 6.0 metre wide landscaped strip is to be provided adjacent to the Freestone Road and East Street frontages of the site, as shown in green on the plan below.


15. A 3.0 metre wide landscape strip is to be provided adjacent to the southern

property boundaries of the subject land, as shown in green on the plan above. This will necessitate the relocation of the driveway 1.5 metres to the north.

16. A Landscaping Plan is to be submitted to and approved by the Director Planning and Environment prior to the issue of any Development Permit for Building Work. The Landscaping Plan must show details of the type, number and spacing of plants, and the height of plants at the time of planting and at maturity. The areas of the site to be landscaped are to be planted and maintained in accordance with the approved Landscaping Plan.

Carparking and Vehicle Access

17. A concrete industrial crossing at the East Street entrance to the site is to be constructed to the satisfaction of Director Engineering Services.

18. Car parking and driveways shall be provided on site in accordance with Plan No. WBD090817.1 prepared by Westbuilt Quality Homes (as amended by Condition 15). All car parking, driveway and loading areas shall be constructed, sealed, line marked, drained, laid out and regularly maintained.

Roadworks and Stormwater Drainage

19. Any footpaths, kerbing and channelling, roadworks and drainage works damaged during construction of the development are to be reinstated.

20. Sealed road widening including mountable kerbing and channeling and stormwater drainage, is to be constructed along the East Street frontage of the land.

21. A stormwater drainage system serving the development is to be constructed and the stormwater disposed of to a legal point of discharge. 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. Where necessary suitable easements shall be provided to Council, at the developer’s cost.


Water Supply & Sewerage

22. The proposed building is to be connected to Council’s reticulated water supply and sewerage systems.

Operational Works

23. A Development Permit for Operational Works associated with the development must be obtained in accordance with the Sustainable Planning Act. A Price Schedule of Quantities certified by a Registered Professional Engineer in Queensland (RPEQ) is to be submitted with the Application for Operational Works. The fee for an Application for Operational Works, i.e. the fee for the approval of the engineering design and the inspection fee, will be in accordance with Council’s Schedule of General Fees & Charges. The current fee is 6% for the first $20,000 of the capital value of construction work, PLUS 2% for the amount in excess of $20,000 (minimum $650, valid until 30 June 2010). 50% of the fee is payable at the date of lodgement of the application for Operational Works. The balance amount, which is based on the capital value of the works at the time of commencement of construction, is payable prior to the use commencing.

24. For Operational Works of a capital value in excess of $20,000, a security bond is to be provided to Council for the purpose of ensuring the standard of the works. The amount of security bond payable will be $5000 plus 2.5% of the estimated value of the works in excess of $50,000. The bond must be in the form of cash, bank cheque or irrevocable bank guarantee. This bond is to be provided to Council prior to the commencement of the works. The security bond shall be returned at the expiration of the Defect Liability Period subject to the satisfactory standard of the works.

25. 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.

26. The design, schedules and specifications for all Operational Works and the supervision of construction of all work associated with the development must be carried out by a Registered Professional Engineer in Queensland (RPEQ).

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

Aboriginal Cultural Heritage

28. 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 cultural heritage duty of care is met 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.derm.qld.gov.au


http://www.derm.qld.gov.au/

Schedule 2 - Department of Transport and Main Roads’ Conditions Nil


Carried

8.7 Warwick Gospel Hall Trust

Recommendation

THAT Council consider constructing sealed road widening including mountable kerbing and channeling and stormwater drainage along the western side of East Street, from the existing section of kerbing north or the site, to the northern boundary of the land. Resolution Moved Cr N Meiklejohn Seconded Cr M McMurtrie.

Carried

8.8 Material Change of Use - B Marriage, 173 Warahgai Road, Karara Recommendation THAT the report of the Planning Technical Officer dated 8 February 2010 in relation to Material Change of Use – B Marriage, 173 Warahgai Road, Karara be received and:

A. THAT, in accordance with Section 3.4.8 of the Integrated Planning Act, Council resolve that it is satisfied that the non-compliance with the notification requirements did not:

(a) adversely affect the awareness of the public of the existence and nature of the application; or

(b) restrict the opportunity of the public to make properly made submissions.

B. THAT the application for an Intensive Animal Use (Piggery – Free Range (250 SPU)), on land at 173 Warahgai Road, Karara, described as Lots 2 & 3 SP187722, Parish of Canal Creek, County of Merivale, be approved subject to the following conditions:

Schedule 1 – Southern Downs Regional Council Conditions Approved Plans

1. The development of the site is to be generally in accordance with the following proposal plans submitted by the applicant, as determined by the Director Planning and Environment, and subject to the final development being amended in accordance with the conditions of this approval.

• Site Plan (SP225155) dated 25 November 2009 initialed MF

• Area A dated 25 November 2009 initialed MF

• Area B dated 25 November 2009 initialed MF


• Area C dated 25 November 2009 initialed MF

Reconfiguration of a Lot 2. (a) The existing allotments are to be amalgamated into one allotment and a new

Certificate of Title issued to cover the newly created allotment prior to the use of the site commencing; or

ALTERNATIVELY

(b) A statutory covenant is to be provided over Lots 2 & 3 SP187722 to retain these lots in the same ownership until such time as the use of the land for a free range piggery, ceases. The covenant documentation is to be prepared by Council's solicitors at the developer’s cost. The covenant documentation is to be submitted to Council for approval prior to the use of the site commencing.

Land Use & Planning Controls

3. Any proposal to increase the size of the use on the subject land, that is defined as assessable development under the Warwick 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.

4. The size of the piggery is limited to 250 standard pig units (SPU) in a free range operation.

5. The pigs are not to be grazed in Area A.

6. The areas of the site, approved for the free range piggery are to be enclosed with a suitable stock proof fence.

Building, Health & Development Compliance

7. 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.

8. 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.

9. 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.

10. The disposal of any pig carcasses, with the exception of on-site disposal, must be disposed of at the Warwick Central Waste Management Facility at Morgan Park. Notification must be given to Council, at least 24 hours in advance, should there be more than ten (10) carcasses to be disposed of at one time.

11. All carcasses to be disposed of at the Warwick Central Waste Management Facility at Morgan Park, must be contained within a suitable vermin-proof bag/s for disposal.


12. All buildings, enclosures and other structures and areas used in the Intensive Animal Use shall be constructed, maintained and operated in such a manner as to provide, in the opinion of the Director Planning and Environment, for the effective control of flies, rodents, pests, weeds and odour, or other deleterious matter or thing.


13. The applicant is to ensure that all wastes are suitably collected and disposed of so as not to adversely impact on the environment.

14. The applicant must ensure that no effluent is permitted to drain from the site or into any watercourse.

15. The applicant is to ensure that the operation of the use and the disposal of waste is carried out so as to ensure that no adverse odour impacts are experienced on properties within the vicinity of the site, to the satisfaction of the Director Planning and Environment.

16. The applicant is to obtain a Registration Certificate in accordance with the Environmental Protection Act 1994.

17. The location, size, type and content of any advertising sign or device located on the land is to be compatible with the rural character of the surrounding area, to the satisfaction of the Director Planning and Environment.



20. The use is to be conducted (including stocking densities of pigs and rotation of pig pens) so as to ensure that the parts of the site used for the keeping of pigs, is not subject to soil erosion.

21. The keeping or grazing of pigs is not permitted on the part of the site subject to the Vegetation Management Act or the Environmental Protection Act.

Landscaping and Buffers

22. The applicant shall seek to maintain the maximum number of existing trees on the land.

23. The keeping or grazing of pigs is not permitted within 50.0 metres of all property boundaries and Canal Creek.


Vehicle Access 24. All vehicle access to the site, associated with the free range piggery, is to be from

the existing vehicle access point on Waraghai Road. The vehicle access is to be maintained to a suitable all-weather standard, to the satisfaction of the Director Engineering Services.


25. 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.derm.qld.gov.au.


Schedule 2 – Department of Employment, Economic Development and

Innovation Conditions


Schedule 3 – Department of Environment and Resource Management Conditions


Carried


8.9 Material Change of Use - Killarney View Caravan Park, Warwick-Killarney Road, Killarney

Recommendation THAT the report of the Planning Officer dated 6 August 2009 in relation to Material Change of Use – Killarney View Caravan Park, Warwick-Killarney Road be received and that the application for a Commercial Use (Advertising Device) on land at Warwick-Killarney Road, Killarney, described as Lot 6 RP803899, Parish of Cunningham, County of Merivale, be approved subject to the following conditions:

Schedule 1 – Southern Downs Regional Council Conditions 1. The advertising to be carried out on the Advertising Device is to be limited to only the

Killarney View Caravan Park. No other activity or information is to be included on the Advertising Device. If the applicant requires clarification on the acceptability of the proposed advertisement, the applicant can seek written advice from the Director Planning and Environment so as to ensure any proposed advertisement accords with the conditions of this approval. Any proposal to use the Advertising Device for any purpose other than that permitted under this approval will require an application to be made to Council to change the conditions of this approval.

2. Details of the content and dimension of the Advertising Device are to be submitted to and approved by the Director Planning and Environment prior to the issuing of any building approval for the structure. The Advertising Sign is to be constructed in accordance with the approval contact and dimensions.

3. The Advertising Device is to be located at 10.0 metres from the Warwick-Killarney Road property boundary, and the O’Maras Road property boundary.

4. The structure shall be a maximum of 3.6 metres in width and 3.7 metres high. The double sided sign is restricted to a maximum size of 6.12m2 for each face (2 faces maximum).

5. The Advertising Device may be double sided.

6. Any proposal to illuminate the Advertising Device will require an application to be made to Council to modify the conditions of this approval. Any application will be assessed on the impact the illumination of the sign will have upon traffic and the surrounding area.

7. The Advertising Device is to be maintained in a satisfactory condition, to the satisfaction of the Director Planning and Environment. If the Advertising Device is not maintained in a satisfactory state of repair, or the content of the sign is not up-to-date and relevant, the Advertising Device will be considered abandoned and a new development approval would be required prior to the use of the Advertising Device recommencing.

8. The applicant is to obtain building approval prior to the erection of the Advertising Device. 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 structure is to be constructed in accordance with the approved building plans prior to the commencement of the use.

9. Any unlawful advertising signs or devices relating to the Killarney View Caravan are to be removed. An unlawful Advertising Device is one that is erected on land other that the site of the caravan park, i.e. Lot 1 RP201058, and for which there is not a permit under Warwick Shire Council Local Law No. 11 (Control of Advertising).



Schedule 2 - Department of Transport & Main Roads Conditions


Carried


8.10 Request for Negotiated Decision - Billywacs Pty Ltd, McMasters Road, Freestone

Recommendation THAT the report of the Manager Planning Services dated 8 February 2010 in relation to Request for Negotiated Decision – Billywacs Pty Ltd, McMasters Road, Freestone be received and:

A. THAT the Request for a Negotiated Decision in relation to the Development Permit dated 26 November 2009 for a Community Use (Education Facility) on land at McMasters Road, Freestone, described as described as Lot 765 M34352, Lot 766 M34353, Lot 941 M34480, Lots 1147, 1148, 1574 & 1575 M34589, and Lot 110 ML411, Parish of Gilbert, County of Merivale, be approved in part only for the following reasons:

Condition 8.

The applicant is correct in that only commercial camping grounds needs to be permitted under the Local Law, and the requirement for a permit under the local law has been deleted. However, it is considered that if the intent is to have informal camping at location throughout the site, then it is necessary to ensure that there is not regular use of a limited number of bush camping areas. The regular use of the same bush camping areas will result in potential environmental impacts such as those associated with the disposal of human waste. Condition 8 is amended accordingly.

Condition 9.

Compliance with this condition will be achieved by the applicant providing a plan and details of the existing facilities on the site. This condition has been amended to include an additional requirement for the applicant to indicate how human waste is to be treated at each bush camping area.

Condition 13.

The intent of Condition 13 is to ensure all waste is disposed of appropriately. The applicant’s request to delete the requirement for litter bins can be considered reasonable, however, it is appropriate that the conditions of approval include the requirement for all wastes to be removed from the site. Condition 13 has been amended accordingly.

Condition 16.

The preparation and implementation of a Bushfire Management Plan is considered to be necessary given the applicant’s proposal for use of the site by school children. Such a plan would include details of evacuation routes, maintenance of evacuation routes, a register of all students and accompanying adults on the site, etc. While such a plan may not include firebreaks, it is considered paramount that bushfire prevention and evacuation are a major consideration in undertaking such activities. The condition remains unchanged.

Condition 17.

The requirement for pest plants to be destroyed “prior to Council signing the Plan of Subdivision” was inadvertently included in this condition. The requirement for the control of declared pest plants is not contingent on the development being for reconfiguring a lot. The control of declared pest plants is a responsibility of all landowners. Condition 17 has been amended to remove reference to a plan of subdivision and to require control of the spread of pest plants.


Condition 28.

While the internal driveways may currently be of an appropriate standard to provide for all-weather usage and not require upgrading at this time, the requirement for internal driveways to be of an all-weather standard is an on-going requirement. Vehicle access must be assured in the event of bushfire or flood when evacuation is necessary. The condition remains unchanged.

Condition 30.

The requirement for an appropriate water source on the site for fire-fighting purposes is considered to be a reasonable requirement. If the existing tanks on the site have a capacity of at least 22,500 litres, this condition would be met. The condition remains unchanged.

Condition 32.

Condition 9 requires the applicant to provide a plan and details of the existing toilet facilities on the site. If it is determined that plumbing approval or Environmentally Relevant Activity approval are required, Council officers can take action to require the applicant to obtain these.

However, it is necessary to ensure human waste is disposed of to ensure environmental impacts are minimised. Queensland Parks and Wildlife Service recommend human waste is buried at least 100 metres from water bodies. Condition 32 has been amended accordingly.

Conditions 33 & 34.

Your advice that visiting groups will transport potable water to and from the site is noted. While this may be acceptable, the applicant should still be required to provide details of that water source. The provision of a potable water supply with the main facilities of the site is considered to be a reasonable requirement. These conditions remain unchanged. Condition 38.

The intent of this condition is to ensure that an appropriate telecommunications system is available in the event of an emergency. If mobile telecommunication coverage is available, this can be considered appropriate. Condition 38 is amended accordingly.

B. THAT the Request for a Negotiated Decision in relation to the Development Permit

dated 26 November 2009 for a Community Use (Education Facility) on land at McMasters Road, Freestone, described as described as Lot 765 M34352, Lot 766 M34353, Lot 941 M34480, Lots 1147, 1148, 1574 & 1575 M34589, and Lot 110 ML411, Parish of Gilbert, County of Merivale, be approved in part such that Conditions 8, 9, 10, 13, 17, 26, 29, 32 & 38 of Schedule 1 are amended as follows:


8. Bush camping on the site must be conducted so that any specific sites are not used on a regular or ongoing basis so as to ensure environmental impacts associated with the bush camping sites are minimised. An application must be submitted for a permit under Council’s Local Law No. 16 (Camping Grounds), and will be required to meet the requirements of this Local Law. These requirements include:

• If 40 sites or less are proposed, the applicant is to ensure that there is at least 1 pedestal for every seven sites for female, and at least 1 pedestal for every 10 sites for male, and a 0.6 metre urinal for every 20 sites, available.


• Separate ablution facilities are provided for each gender in the ratio of one shower or bath and one hand basin to every 15 sites.

• All ablution facilities are to have reticulated hot and cold water provided to all shower cubicles and hand basins.

• Individual toilets, showers and baths are to be screened. • Any toilet facilities are to be located at least 6.0 metres, but no more than 200

metres from any site.

9. Prior to the commencement of use, the applicant is to submit to Council for approval, a plan indicating the location, number and type (e.g. disabled) of toilet facilities that will be available for use as part of the Education Facility for activities conducted adjacent to existing facilities, and for use by students and supervisors prior to and after activities on remote parts of the site. The applicant is also to document and seek approval from the Manger Environmental Service on how human waste is to be treated when participants are in remote parts of the site.

10. Deleted. Prior to the commencement of use, the applicant is to submit to Council for approval, a site plan indicating the location of the camping area and the number of sites. Each tent site is to be setback at least 2.0 metres from any internal roadway. All tent sites must be located at least 1.5 metres from any other tent site.

13. All waste and food scraps associated with the use are to be collected and removed from the site for disposal at an approved waste facility. Litter bins shall be provided on the site near to the designated carparking area, the camping area, and any other facilities associated with the use of the site to the satisfaction of the Director Planning and Environment.

Amenity & Environmental Controls 17. The spread of declared pest plants on the land must be controlled destroyed to

the satisfaction of the Manager Environmental Services, prior to Council signing the Plan of Subdivision. All vehicles, camping equipment and clothing must be checked for pest plants, seeds, etc. before visiting the land and before leaving the land. Any plant material must be suitably disposed of.

Carparking and Vehicle Access 26. Deleted. The car park area is to be defined by a low physical barrier along the

edge of the car parking area and driveways.


29. Deleted. The applicant is to erect signage on McMasters Road to warn motorists of horse riders. The type and location of the signage is to be to the satisfaction of the Director Engineering Services.

Water Supply & Sewerage 32. For all activities including bush camping that is conducted on the site remote from

the central facilities, all human waste must be suitably buried at least 100 metres from any water body. The applicant is to ensure that the adequate sewage treatment systems are provided to service the development. If necessary, the applicant must install additional infrastructure to adequately service the development. Prior to the commencement of use, the applicant is to submit to Council for approval, a report from a suitably qualified person detailing the capacity of the existing sewage treatment system/s on the site and demonstrating the adequate effluent treatment is available in accordance with AS/NZS – 1547:2000 On-Site Domestic Waste Water Management Standard and the Queensland Plumbing and Wastewater Code (2008). The applicant is to note that if the total capacity of the sewage treatments systems on the site exceeds 20


equivalent persons, an application for Environmentally Relevant Activity No. 63 (as defined in the Environmental Protection Regulation 2008) will be required from the Department of Environment and Resource Management prior to an approval for Plumbing and Drainage Works being obtained from Council.

Electricity and Telecommunications

38. The applicant is to ensure that a 24 hour emergency telecommunications system is available and installed at a central location that can be accessed at any time should the need arise.


Carried

8.11 Material Change of Use - Antioch Capital Pty Ltd, 96 Percy Street, Warwick Recommendation THAT the report of the Planning Officer dated 5 February 2010 in relation to Material Change of Use – Antioch Capital Pty Ltd, 96 Percy Street, Warwick, be received and that the application for a Commercial Use (Professional Offices - Dental Surgery) on land at 96 Percy Street, Warwick, described as Lot 1 RP584, Parish of Warwick, County of Merivale, be approved subject to the following conditions:


1. The development of the site is to be generally in accordance with the proposal plans submitted by the applicant, as determined by the Director Planning and Environment, and subject to the final development being amended in accordance with the conditions of this approval.


2. The development shall generally operate only between the hours of 8.00am and 5.00pm, Monday to Friday.

3. There is to be a maximum of three persons engaged in the use on the site at any one time. Only one dentist or dental hygienist is to operate on the site at any one time.

4. Any proposal to increase the size of the use on the subject land, that is defined as assessable development under the Warwick 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 external walls of the surgery, waiting room and staff room are to be insulated to reduce noise impacts on adjoining residents. Details of the noise attenuation material to be used are to be submitted to and approved by the Director Planning and Environment prior to the issue of any Development Permit for Building Work.


7. The applicant is to apply for Building Approval in accordance with the Sustainable Planning Act for the proposed building work. 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.

8. The applicant is to apply for Building Approval for a Change of Classification of Building to allow the use of the existing building for Dental Surgery purposes. The applicant will be required to submit the appropriate forms, plans and fees associated with this application. The applicant may be required to undertake building works and modify the existing building as part of the approval so as to accord with the requirements of the Building Act.

9. 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.

10. The disposal of waste classified as Trade Waste under the Sewerage and Water Supply Act 1949 is to be to the satisfaction of the Manager Water & Sewerage.


11. The applicant is to ensure that all wastes are suitably collected and disposed of so as not to adversely impact on the environment.

12. The location, size, type and content of any advertising sign or device located on the land is to be compatible with the Residential character of the surrounding area and is to minimise impacts on the adjoining residential property, to the satisfaction of the Director Planning and Environment.

13. All service equipment and refrigeration units are 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.





16. A screen fence 1.8 metres high shall be erected along the eastern boundary of the land, to provide visual screening and to reduce noise impacts. This screen fencing is to be provided at the developer’s cost.

17. The applicant is to provide a 6.0 metre wide landscaped strip adjacent to the Dragon Street frontage of the site.

18. The applicant is to provide landscaping between the building and the Percy Street frontage of the site.

19. A 1.5 metre wide landscape strip is to be provided adjacent to the eastern property boundary of the subject land.

20. Landscaping is to be provided between the on-site carparking spaces and the Dragon Street frontage of the site.

21. A landscaping plan, including details of all fencing, is to be submitted to and approved by the Director Planning and Environment prior to the issue of any Development Permit for Building Work. The areas of the site to be landscaped are to be planted and maintained in accordance with the approved plan, to the satisfaction of the Director Planning and Environment.


22. The applicant must construct a concrete crossing at the Percy Street vehicle entrance to the site.

23. The applicant is to provide at least four car parking spaces on site, generally as shown below, to the satisfaction of the Director Planning and Environment. Carparking spaces are to be located at least 3 metres from the Dragon Street property boundary. All car parking and driveway areas shall be constructed, sealed, line marked, drained, laid out and maintained to the satisfaction of the Director Engineering Services.

24. A properly prepared carparking plan (prepared by a suitably qualified person)

showing full engineering specifications of layout, construction, sealing, drainage and line marking is to be submitted to and approved by the Director Engineering Services prior to the issue of any Development Permit for Building Work. The carpark is to be constructed in accordance with the approved plan and maintained in a suitable condition.


25. In accordance with Council's Planning Scheme Policy No. 5 (Carparking Contributions), payment is to be made to Council of $2000 per parking space in lieu of one off-street parking space. This amount is to be paid to Council prior to the issue of a Development Permit for Building Work. 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 contribution applicable in accordance with Council’s policy and Schedule of General Fees and Charges at the time the Application for Building Work is lodged. Should the development be designed in such a manner as to reduce or increase the amount of required car parking, the required payment may be amending accordingly by the Director Planning and Environment.


26. The proposed building is to be connected to Council’s reticulated water supply and sewerage systems.

27. The dwelling on this land shares a combined drain with the adjoining lot to the east, Lot 2 RP5841. A new sewer is to be provided to extend the reticulated sewerage system to service the land. The dwelling is to be disconnected from the existing sewerage house drain and reconnected to the new sewer.

Parks and Pedestrian Works

28. The applicant shall construct a 1.5 metre wide concrete pedestrian footpath on the Dragon Street frontage of the site, to connect to the existing section of concrete foothpath, to the satisfaction of the Director Engineering Services.

Operational Works

29. A Development Permit for Operational Works associated with the development must be obtained in accordance with the Sustainable Planning Act. A Price Schedule of Quantities certified by a Registered Professional Engineer in Queensland (RPEQ) is to be submitted with the Application for Operational Works. The fee for an Application for Operational Works, i.e. the fee for the approval of the engineering design and the inspection fee, will be in accordance with Council’s Schedule of General Fees & Charges. The current fee is 6% for the first $20,000 of the capital value of construction work, PLUS 2% for the amount in excess of $20,000 (minimum $650, valid until 30 June 2010).

30. 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.

31. 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.

32. 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.





Carried

8.12 Material Change of Use - I J Rickard, 36 Wood Street, Warwick Recommendation THAT the report of the Manager Planning Services dated 10 February 2010 in relation to Material change of Use – I J Rickard, 36 Wood Street, Warwick be received and that the application for Commercial Use (Office and Indoor Display, Wholesale Outlet/Showroom) and Residential Use (Temporary Accommodation ancillary to Commercial Use) on land at 36 Wood Street, Warwick, described as Lot 3 SP191743, Parish of Warwick, County of Merivale, be approved subject to the following conditions:


1. The development of the site is to be generally in accordance with the following proposal plan submitted with the application, EXCEPT FOR THE NEW OUTDOOR STORAGE AREA & TYRE SALES, 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. WK09-0553-1, dated 26 October 2009, prepared by Osborn Lane


2. This approval allows the use of the existing building on the site for:

• An Office and Indoor Display;

• Temporary Accommodation associated with the Office and Indoor Display; and

• Wholesale Outlet/Showroom.

3. The use of the site for an Industrial Use (Motor Vehicle Workshop and Ancillary Office and Spare parts) may continue as a lawful use of the land under such time as this use ceases for an extended period of time and the existing use rights are abandoned.

4. This approval does not include the New Outdoor Storage Area as shown on the approved plan, and does not allow for the use of the site for the Sale of Tyres.


5. Any proposal to increase the scale or intensity of the use on the subject land, that is assessable development under the Warwick Shire Planning Scheme, would be subject to a separate application for assessment in accordance with the Sustainable Planning Act and would have to comply with the requirements of the Planning Scheme.

6. No materials or goods associated with the development are to be displayed or stored within the car park or landscaped areas, or outside the boundaries of the site.

7. The developer is to undertake works to improve the appearance of the building. These works are to include the removal of the roller door on the Wood Street elevation of the building, and may include the use of colours, materials, and architectural treatments. Details of the design, colours and materials of the building are to be submitted to and approved by the Director Planning and Environment prior to the issue of any Development Permit for Building Work and prior to the use of the site commencing. The building is to be constructed in the approved design, colours and materials.



9. Prior to any building approval being issued for the site, and prior to the use of the site for Temporary Accommodation commencing, the following details are to be provided to and approved by the Director Planning and Environment:

• Details of the maximum number of people to be accommodated within the Temporary Accommodation

• Details of how those people to be accommodated within the Temporary Accommodation are associated with the use of the site for an Office and Indoor Display

• Plans showing all areas associated with the use of the site for Temporary Accommodation, including food storage, preparation and eating areas, lounge areas, sleeping areas, all toilet and shower facilities, and clothes washing drying facilities associated with the use of the site for Temporary Accommodation

• Plans and details showing all building works proposed to be undertaken

• Plans and details demonstrating how that part of the building will be physically separated from the other tenancies of the building

• Details of how noise and air impacts associated with the other tenancies will be ameliorated (the proposal should include suitable noise insulation and reverse cycle air conditioning)

• Details of how fire safety requirements will be met

The Temporary Accommodation is to be constructed and operated in accordance with the approved plans and details.

10. Building Approval is to be obtained in accordance with the Sustainable Planning Act for any internal alterations or renovations to the existing building. The application must be submitted to a Building Certifier with 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 Building Approval prior to the commencement of the use.

11. Building Approval is to be obtained in accordance with the Sustainable Planning Act for a Change of Classification of Building to allow the use of the existing building for commercial and residential purposes. The application must be submitted to a Building


Certifier with the appropriate forms, plans and fees associated with this application. Building works and modification of the existing building may be required to be undertaken as part of the approval so as to accord with the requirements of the Building Act.


12. No Advertising Device relating to the use of the land for Temporary Accommodation is to be erected.

13. Advertising Devices relating to the other lawful use of the land may only be erected on the subject land, i.e. Lot 3 SP191743. 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. No advertising signs or devices are to be located on any other land, unless all applicable approvals are obtained under the Planning Scheme and the relevant local laws. No advertising signs or devices are to be located within the road reserve.

14. All service equipment and refrigeration units are to be positioned and housed so as not to cause nuisance or disturbance to persons or property not connected with the development.


16. 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.

17. Any lighting device is to be so positioned and shielded so as not to cause any glare nuisance to any nearby residential property or passing motorist, or to shine upwards into the night sky.


18. A screen fence 1.8 metres high shall be maintained along the southern boundary of the land. This screen fencing is to be provided at the developer’s cost. This fencing shall reduce in height to be no more than 1.2 metres high within 6.0 metres of the road boundary.

19. A 6.0 metre wide landscaped strip (including pedestrian access to the building) is to be provided adjacent to the Wood Street frontage of the site.

20. A 3.0 metre wide landscape strip is to be provided adjacent to the Acacia Avenue property boundary of the subject land, excluding the area between the building and the eastern boundary.

21. A 1.5 metre wide landscape strip is to be provided adjacent to the southern property boundary of the subject land.

22. A Landscaping Plan is to be submitted to and approved by the Director Planning and Environment prior to the issue of any Development Permit for Building Work and prior to the use of the site commencing. The Landscaping Plan is to be properly prepared and must show details of the type, number and spacing of plants, and the height of plants at the time of planting and at maturity. The areas of the site to be landscaped are to be planted and maintained in accordance with the approved Landscaping Plan.


23. At least 18 car parking spaces are to be provided on site. Provision is to be made for disabled parking. All car parking, driveway and loading areas shall be constructed, sealed, line marked, drained, laid out and maintained.


24. All loading and unloading of goods related to the development must be carried out within the confines of the allotment's boundary. Under no circumstances will the loading or unloading of goods on the public roadway system or footpath be permitted.

25. A carparking plan (prepared by a suitably qualified person) showing the turning and swept paths of vehicles, location and dimension of all parking areas, details of the proposed pavement treatment, and full engineering specifications of layout, construction, sealing, drainage and line marking, is to be submitted to and approved by the Manager Design & Assets prior to the issue of any Development Permit for Building Work and prior to the use of the site commencing. All parking, driveway and loading areas are to be constructed and maintained in accordance with the approved plan.




Dedications

28. An area of land 2.0 metres wide along the Acacia Avenue frontage of the site, from the existing building to the southern boundary of the land, is to be dedicated for road purposes at no cost to Council.


29. The building is to be connected to Council’s reticulated water supply and sewerage systems.





Schedule 2 – Department of Transport and Main Roads Conditions


Carried


8.13 Notice of Appeal to Planning & Environment Court, Appeal No. BD313 of 2010 - 84 Fitzroy Street, Warwick

Councillor Bartley declared a perceived interest as he knows one of the submitters to the original application. Cr Bartley stayed during the discussion of item 8.7. Recommendation THAT the report of the Manager Planning Services dated 2 February 2010 in relation to General Council Meeting Agenda Master 24 February 2010 (Minutes) General Council Meeting Agenda Master 24 February 2010 (Minutes)be received and that Council:

(i) Delegate to the Chief Executive Office power to engage legal counsel and expert witnesses as necessary in defending Council's decision on this development application; and

(ii) Appoint the Chief Executive Officer as its delegate to participate in any formal mediation proceedings. The delegate is to have authority to settle this action and make an agreement at mediation upon such terms as Council’s legal advisors may recommend or approve.


Carried

8.14 Reconfiguring a Lot - Glen Aplin Memorial Hall & Sports Club Inc, Walters Street, Glen Aplin

Recommendation THAT the report of the Planning Officer, dated 4 February 2010 in relation to Reconfiguring a Lot – Glen Aplin Memorial Hall & Sports Club Inc, Walters Street, Glen Aplin be received and the application for Subdivision of one lot into six lots involving land at Lyons Street and Walters Street, Glen Aplin, described as Lot 1 SP210441, Parish of Broadwater, County of Merivale, be approved subject to the following conditions:


1. The development of the site is to be generally in accordance with the following proposal plan submitted by the applicant, SUBJECT TO THE DELETION OF EASEMENT A, AND LOTS 11 TO 15 BEING INCREASED IN SIZE TO INCORPORATE THE AREA OF EASEMENT A, 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 Titled: Proposed Plan of Lots 10-15 and Emt A in Lot 10, Cancelling Lot 1 on SP210441 dated 14 October 2009 prepared by Nels Lillehagen.



2. 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.

3. No clearing of remnant vegetation is to occur under this approval. Any clearing of remnant vegetation subsequently considered to be required will require assessment, unless exempt under Schedule 24 of the Sustainable Planning Act 2009, or where an application to clear has been approved by the Department of Environment and Resource Management.


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. Walters Street is to be constructed to an 5.5 metre wide bitumen sealed road construction, including appropriate drainage, along the frontages of proposed Lots 11-15.

6. A sealed turn around area designed to allow for a single turning movement for an 8.8 metre service vehicle (MRV) is to be constructed at the northern end of Walter Street.

7. Glover Street is to be constructed to an 5.5 metre wide bitumen sealed road, including appropriate drainage, along the frontage of proposed Lot 15.

8. 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.

Electricity, Street Lighting and Telecommunications

9. The applicant must provide, at no cost to Council, an electricity supply to each lot. Prior to Council signing the Plan of Subdivision, the applicant is to provide written confirmation that electricity has been installed to service each lot.

10. Prior to Council signing the Plan of Subdivision, the applicant must provide to Council written confirmation that a telephone service has been provided to each lot.

Operational Works

11. A Development Permit for Operational Works must be obtained in accordance with the Sustainable Planning Act for the Operational Works required in Conditions 5, 6, 7 & 8. 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 at the time the Plan of Subdivision is signed by Council.

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

13. 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.

14. 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.

15. 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.

16. 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.



Approval Times 18. 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.

19. 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.


Carried

9. COMMUNITY SERVICES COMMITTEE REPORTS

9.1 Director Community Services Report

Recommendation

THAT the report of the Director Community Services dated 8 February 2010 in relation to the operations of the Department of Community Services be received. Resolution Moved Cr D Ingram Seconded Cr C Gow.

Carried

9.2 Feasibility of Shuttle Bus Service to Brisbane Airport

Recommendation

THAT the report of the Economic Development Support Officer dated 5 February 2010 in relation to Feasibility of a Shuttle Bus Service to Brisbane Airport be received and that Council not pursue the running of a shuttle bus service to Brisbane Airport and that the community be made aware of the transport services that are currently available. Resolution Moved Cr D Ingram Seconded Cr C Gow.

Carried


9.3 Youth Space Working Party

Recommendation

THAT the report of the Community Youth Worker and Manager Community Development dated 9 February 2010 in relation to Youth Space Working Party be received and that Council nominate Crs Ingram and McNally to the Working Group. Resolution Moved Cr D Ingram Seconded Cr C Gow.

Carried

10. ENGINEERING SERVICES COMMITTEE REPORTS

10.1 Monthly Report of the Engineering Services Directorate

Recommendation

THAT the report of the Director Engineering Services dated 10 February 2010 in relation to Monthly Report of Engineering Services Directorate be received Resolution Moved Cr R Bartley Seconded Cr V Pennisi.

Carried

10.2 Contract No. 10/10 - Supply & Delivery of Ready Mixed Concrete

Recommendation

THAT the report of the Principal Engineer - Construction dated 8 February in relation to Contract No. 10/10 - Supply & Delivery of Pre-Mixed Concrete be received and that Hanson Construction Materials be Council's preferred concrete supplier for zone One and Holcim for zone two over the next twelve (12) months. Resolution Moved Cr R Bartley Seconded Cr V Pennisi.

Carried


10.3 Stanthorpe Urban Water Planning - Preliminary Investigation Works into a Weir and Associated Off-stream Storage, Pumps and Pipeline at the Petries Crossing Site

Recommendation

THAT the report of the Deputy Director Engineering Services & Resource Officer Water and Sewerage dated 11 February 2010 in relation to Stanthorpe Urban Water Planning - Preliminary Investigation Works into a Weir and Associated Off-stream Storage, Pumps and Pipeline at the Petries Crossing Site be received. References Petries Crossing Water Supply Offstream Storage and Pipelines, SKM, 2 February 2010. Report for Petries Crossing Weir Geotechnical Investigation – Assessment Report, GHD, November 2009. Report for Petries Crossing Weir Preliminary Design, GHD, February 2010. Preliminary Environmental Assessment Petries Crossing Area Stanthorpe Plateau, Queensland, Glenn Holmes and Associates, November 2008. Severn River Autumn fauna survey report April 2009, Fielder D. and Hobson R, Queensland Parks and Wildlife Service, July 2009. Resolution Moved Cr R Bartley Seconded Cr V Pennisi.

Carried

10.4 Drainage Issue at Warwick Racecouse

Recommendation

THAT the Director Engineering Services & the Chairman of the Engineering Services Committee have a meeting with the Warwick Race Committee and report back to Council Resolution Moved Cr R Bartley Seconded Cr V Pennisi.

Carried


11. CORPORATE SERVICES COMMITTEE REPORTS

11.3 Tidy Towns Competition Councillor's advice was sought regarding entry into the Ergon Energy Tidy Towns Competition. Entries close on Friday 26 March 2010.

Recommendation

THAT Council call for Expressions of Interest from communities in the Southern Downs Region for entry into the 2010 Ergon Energy Tidy Towns Competition with one community to be chosen from each of the Northern and Southern regions for entry into the competition, and that delegated authority be given to the Mayor, Deputy Mayor and Chief Executive Officer to choose which towns will be entered in the Competition should there be more than one nomination from each region. Resolution Moved Cr C Gow Seconded Cr R Bartley.

Carried

11.1 Lease over Lot 178 on ML2036 for the Warwick Saleyards

Recommendation

THAT the report of the Manager Finance dated 8 February 2010 in relation to Lease over Lot 178 on ML2036 for the Warwick Saleyards be received and that Council does not enter into a lease on this property. Resolution Moved Cr M McMurtrie Seconded Cr V Pennisi.

Carried


11.2 Financial Review to 31 January 2010

Recommendation

THAT the report of the Manager Finance dated 9 February 2010 in relation to Financial Review to 31 January 2010 be received and that the contents be noted. Resolution Moved Cr M McMurtrie Seconded Cr V Pennisi.

Carried

11.4 Study Assistance Application

Recommendation

THAT the Confidential report of the Human Resources Manager dated 8 February 2010 in relation to Study Assistance Application be received and that Council approves the application for Category 3 Study Assistance. Resolution Moved Cr M McMurtrie Seconded Cr V Pennisi.

Carried

12. REPORTS OF DEPUTATIONS CONFERENCES ETC.

12.1 Appointment of Representative to Dalrymple Catchment (Groundwater) Committee

Cr Bartley advised of his attendance at a recent meeting of the Dalrymple Catchment (Groundwater) Committee held on 15 February 2010, and the need to appoint a Council representative to that Committee.

Recommendation

THAT Council nominate Cr Bartley as its representative to the Dalrymple Catchment (Groundwater) Committee, and Cr Pennisi as delegate.

Resolution

Moved Cr C Gow Seconded Cr N Meiklejohn.

Carried


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

13.1 Report from Delegates Appointed by Council to Other Bodies

Councillors provided verbal reports on their attendance at various meetings.

Recommendation

THAT the following verbal reports be received: 1. Cr Pennisi - Stanthorpe Sports Association AGM. 2. Cr McMurtrie - Stanthorpe Road Safety Committee. 3. Cr Gow - Darling Downs Moreton Rabbit Board Meeting of Member Councils.

Resolution

Moved Cr M McMurtrie Seconded Cr P Blundell.

Carried

14. OFFICER’S REPORTS

1.09pm Cr McNally left the meeting. 1.12pm Cr McNally rejoined the meeting. The meeting adjourned for Lunch at 1.17pm pm and reconvened at 1.55pm at which time were present Crs Bellingham, Bartley, Blundell, Gow, Ingram, McMurtrie, Meiklejohn, Pennisi and McNally.


14.1 Wild Dog and Rabbit Pest Barrier Fences

Recommendation

THAT the report of the Chief Executive Officer dated 19 February 2010 in relation to Wild Dog and Rabbit Pest Barrier Fences be received and that Council advise the Minister for Primary Industries, Fisheries and Rural and Regional Queensland that it notes the decision to abolish the Darling Downs & Moreton Rabbit Board however it does not consider that is the best outcome for the control of rabbits into the greater part of Queensland. In noting that decision and having considered the potential wide spread impact on Queensland farming and agricultural production if the pest animal barrier fences were not maintained to a reasonable standard, Council considers the issue is one of state importance and if the DDMRB is to be abolished then the barrier fences should be administered, financed and operated as a function of the state. Also that the State be asked to fully cost all options and measure associated impacts of the various proposals put forward through the Hyder Report and the Price Waterhouse Coopers reports associated with the Wild Dog and Rabbit Barrier Fences and make the outcomes available to the general public. Resolution Moved Cr P Blundell Seconded Cr C Gow.

Carried

14.2 2010 Southern Downs Regional Council Councillor By-election

Recommendation

THAT the report of the Returning Officer dated 17 February 2010 in relation to 2010 Southern Downs Regional Council Councillor By-Election be received and that Council resolve not to take action under section 375 of the Local Government Act 1993 about electors who failed to vote in the election. Resolution Moved Cr P Blundell Seconded Cr M McMurtrie.

Carried

15. NOTICE OF MOTION

Nil.


16. GENERAL BUSINESS

16.1 Appointment of Consultant for Morgan Park MasterPlan

The Director Community Services tabled a report on the Appointment of a Consultant for Morgan Park MasterPlan (copy attached).

Recommendation

THAT the report of the Acting Manager Economic Development dated 23 February 2010 in relation to Appointment of Consultant for Morgan Park MasterPlan be received and that Council approve the appointment of Strategic Leisure Group to prepare the Morgan Park MasterPlan at a cost of $90,700 plus GST.

Resolution

Moved Cr P Blundell Seconded Cr N Meiklejohn.

Carried Attachment 1. Report


16.2 Appointment of Cr McNally to External Committees

The Chief Executive Officer raised the issue of the appointment of Cr McNally to various external committees following the resignation of Cr Shelley.

Recommendation

THAT Cr McNally be appointed to the following external committees:- • Regional Arts & Development Fund Committee • Rodeo Heritage Centre Committee • Safe City Committee • Saleyards Advisory Committee • Warwick Art Gallery Committee • Women in Custody Committee and Council review in the near future all representative appointments to external committees

Resolution

Moved Cr D Ingram Seconded Cr P Blundell.

Carried

16.3 Change to March General Council Meeting

The Chief Executive Officer raised the issue of the date of the March General Council Meeting coinciding with the 2010 Local Government Infrastructure & Planning Symposium.

Recommendation

THAT the March General Council Meeting be rescheduled to Tuesday 30 March 2010, to be held in Stanthorpe.

Resolution

Moved Cr P Blundell Seconded Cr N Meiklejohn.

Carried


16.4 Infrastructure Symposium 2010 - Endorsement of Attendance

Recommendation

THAT Council endorse the attendance of Cr Meiklejohn to the 2010 Local Government Infrastructure & Planning Symposium being held in Brisbane from 24 – 26 March 2010.

Resolution

Moved Cr P Blundell Seconded Cr D Ingram.

Carried

17. CONSIDERATION OF CONFIDENTIAL BUSINESS ITEMS

Meeting in Camera Recommendation THAT the meeting move into camera pursuant to Section 463(1)(h) of the Local Government Act 1993 for the purposes of discussing bonding of works and other 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 2.56pm. Moved Cr N Meiklejohn Seconded Cr C Gow.

Meeting out of Camera Resolved THAT the meeting move out of camera at 4.17pm.

Carried


10.5 Request to Modify Conditions - Warwick Enterprise Park, 65 Old Stanthorpe Road, Warwick

Recommendation

THAT the Confidential report of the Director Engineering Services dated 9 February 2010 in relation to Request to Modify Conditions - Warwick Enterprise Park, 65 Old Stanthorpe Road, Warwick be received and that the Applicant be advised that Council will only agree to a bond on the sewer line as shown on the attached map, and that the Applicant will be responsible for the full cost of the works associated with the proposed sewer line. Resolution Moved Cr V Pennisi Seconded Cr R Bartley.

Carried Attachment 1. Map


17.1 Request to Bond Engineering Works Associated with Stage 2 of TRE Developments

The Director of Engineering Services raised a request regarding bonding of works for Stage 2 of TRE Developments as submitted by MES Project Management on behalf of the developer.

Recommendation

THAT Council generally agree in principle to the proposal and that legal advice be obtained on the proposal and its relation to the existing infrastructure agreement, and that a further report be made to Council.

Resolution

Moved Cr N Meiklejohn Seconded Cr P Blundell.

Carried


17.2 Extension to Community Use (Resource Centre and Multi-Purpose Hall) - 45 Fitzroy Street, Warwick

The Director of Planning & Environment tabled a report in relation to an Extension to a Community Use (Resource Centre & Multi-Purpose Hall) on land at 45 Fitzroy Street, Warwick. A copy of the report is attached.

Recommendation

A. THAT the applicant and Education Queensland be advised that Council is concerned about the extent of flooding on the school site. Council records indicate that the depth of flooding ranges from 1-2 metres in the area of the Resource Centre, and 2-3 metres in the area of the Multi-purpose Hall. Council recommends that the floor level of both buildings be increased to be 300mm above the highest known flood level so as to ensure these important public assets are not subject to inundation by flooding. Council also notes the requirements of the Building Code of Australia which suggests that Class 9 school building are to be built above the 100 year flood levels; and

B. THAT the application for an Extension to a Community Use (Resource Centre & Multi-Purpose Hall) on land at 45 Fitzroy Street, Warwick, described as Lot 6 SP171827, Parish of Warwick, County of Merivale, be approved subject to the following conditions:


1. The development of the site is to be generally in accordance with the following proposal plans submitted by the applicant, as determined by the Director Planning and Environment, and subject to the final development being amended in accordance with the conditions of this approval.

• Site Plan Overall, Plan No. 20225/SD/AR 00-01 B, dated 22 October 2009

• Resource Centre, Site Plan, Plan No. 20225/SD/AR 00-02 B, dated 22 October 2009

• Resource Centre, Floor Plan, Plan No. 20225/SD/AR 02-01 C, dated 13 November 2009

• Resource Centre, Roof Plan, Plan No. 20225/SD/AR 02-02 C, dated 22 October 2009

• Resource Centre, External Elevations, Plan No. 20225/SD/AR 04-01 D, dated 13 November 2009

• Resource Centre, Sections, Plan No. 20225/SD/AR 05-01 C, dated 22 October 2009

• Multi Purpose Hall, Site Plan, Plan No. 20225/SD/AH 00-02 C, dated 10 November 2009

• Multi Purpose Hall, Site Plan Overall, Plan No. 20225/SD/AH 01-01 C, dated 10 November 2009

• Multi Purpose Hall, Floor Plan, Plan No. 20225/SD/AH 02-01 C, dated 10 November 2009

• Multi Purpose Hall, Roof Plan, Plan No. 20225/SD/AH 02-03 C, dated 10 November 2009


• Multi Purpose Hall, External Elevations, Plan No. 20225/SD/AH 04-01 C, dated 10 November 2009

• Multi Purpose Hall, Sections, Plan No. 20225/SD/AH 05-01 B, dated 10 November 2009


2. Any proposal to increase the scale or intensity of the use on the subject land, that is assessable development under the Warwick Shire Planning Scheme, would be subject to a separate application for assessment in accordance with the Sustainable Planning Act and would have to comply with the requirements of the Planning Scheme.


3. The floor level of the Resource Centre and Multi-Purpose Hall must be at RL454.8.


5. Building Approval is to be obtained in accordance with the Sustainable Planning Act for the proposed building work. The application must be submitted to a Building Certifier with 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 Building Approval prior to the commencement of the use.



7. All cleared or lopped timber and vegetation must be processed on site by wood chipping, mulching or similar method, subject to the approval of the Manager Environmental Services. Any processing of trees or vegetation must be carried out in a safe manner and without any adverse environmental impacts from noise or dust emissions, and in accordance with any requirements under the Environmental Protection Act 1994. All green waste mulch must be used on site, unless disposal or removal to another site is approved by the Manager Environmental Services.


8. A 3.0 metre wide landscaped strip is to be provided adjacent to the Fitzroy Street frontage of the site, within the building setback to the Resource Centre.





11. The proposed buildings are to be connected to Council’s reticulated water supply and sewerage systems.




Schedule 2 – Department of Transport and Main Roads’ Conditions



Resolution

Moved Cr N Meiklejohn Seconded Cr M McMurtrie.

Carried Attachment 1. Report


MEETING CLOSURE

There being no further business, the meeting closed at 4.19pm.


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