Minutes of Ordinary Council

ORDINARY MEETING OF COUNCIL

MINUTES

13 FEBRUARY 2019

ORDINARY COUNCIL MEETING MINUTES 13 FEBRUARY 2019

TABLE OF CONTENTS

Item Subject Page No.

Table of Contents ...... 2

1.0 Meeting Opened ...... 6 2.0 Leave of Absence ...... 6 3.0 Condolences/Get Well Wishes ...... 7 3.1 Condolences/Get Well Wishes ...... 7 4.0 Declaration of any Material personal interests/conflicts of interest by councillors and senior council officers ...... 8 5.0 Mayoral Minute ...... 8 6.0 Confirmation of Minutes ...... 9 6.1 Confirmation of Ordinary Meeting Minutes 16 January 2019 ...... 9 7.0 Business Arising from Minutes ...... 10 8.0 Committee Reports ...... 10 9.0 Deputations/Presentations ...... 10 10.0 Executive Office Reports ...... 11 10.1 Chief Executive Officer's Report - January 2019 ...... 11 10.2 2020 Quadrennial Local Government Election ...... 19 10.3 Outstanding Agenda Action Items Review ...... 22 10.4 Australian Disaster Resilience Conference 2019 ...... 44 10.5 Amending Subordinate Local Law No. 1 (Animal Management) 2018 for provision of a dog off leash area at Lake Apex, Gatton...... 47 10.6 Request for Renewal of Lease - Part of Lot 257 on CH311500 ...... 94 10.7 Operational Plan 2018-19 Quarterly Performance Report, December 2018 ...... 98 10.8 Request for Variation of Proposed Lease Terms - Lease of Part of the Laidley Depot ...... 120 10.9 Polices and Guideline for Adoption ...... 129 10.10 Application for Re-Approval of a Shooting Range on Lot 2 RP212028 & Lot 3 RP210318 - Gatton Glenore Grove Rifle Club Inc...... 145 11.0 Organisational Development and Planning services Reports ...... 149 11.1 Executive Manager Organisational Development and Planning Monthly Report ...... 149 11.2 Application for Development Permit for Material Change of Use for Indoor Entertainment (Place of Worship ) and Reconfiguring of a Lot for Subdivision (1 lot into 2 lots) on L1 RP172847 at 372 Smithfield Road, Gatton ...... 163 11.3 Road Naming Request - Peta Drive Woodlands - Stage 2B ...... 214 12.0 Corporate and Community Services Reports ...... 218

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12.1 Executive Manager Corporate and Community Services Monthly Report for January 2019 ...... 218 12.2 Dal Ryan Memorial Pool, Laidley Lease Extension ...... 234 12.3 Waste Reduction and Recycling Plan ...... 238 12.4 Summary of Council Actual Financial Performance vs. Budget – 31 January 2019 ...... 273 12.5 Container Refund Scheme – Recovery Sharing Arrangement ...... 297 12.6 Asbestos Management - Gatton Waste Facility...... 301 12.7 Public Health Order and Local Law Remedial Notice for Lot 24 RP854930 ...... 305 13.0 Infrastructure Works and Services Reports ...... 310 13.1 Executive Manager Infrastructure Works and Services January 2019 Update ...... 310 14.0 Items for information...... 318 14.1 Collection of Outstanding Infrastructure Charges ...... 318 14.2 Councillor Portfolio Report - January 2019 ...... 320 15.0 Confidential Items ...... 325 15.1 Tender Consideration Plan - Waste Disposal and Resource Recovery Services - South East Queensland - West Waste Alliance Group ...... 325 16.0 Meeting Closed ...... 327

Page 3

ATTENDANCE:

Councillors Present  Cr Tanya Milligan (Mayor) (Chairperson)  Cr Jason Cook (Deputy Mayor)  Cr Kathy McLean  Cr Janice Holstein  Cr Chris Wilson  Cr Michael Hagan  Cr Rick Vela

Officers Present  Ian Church, Chief Executive Officer  Dan McPherson, Executive Manager Organisational Development & Planning Services  David Lewis, Executive Manager Corporate & Community Services  Angelo Casagrande, Executive Manager Infrastructure Works & Services  Rick Machin, Manager Marketing, Communication & Engagement  Lacee Buzza, Media & Communications Officer  Corrin Bischoff, Coordinator Governance & Strategy  Caitlan Natalier, Solicitor & Legal Services Coordinator  Neil Williamson, Community Development and Engagement Officer (Youth)  Erin Carkeet, Governance & Strategy Officer  Mark Westaway, Contract Senior Planner (Part of Meeting)  Kimberley Morgan, Environmental Health Coordinator (Part of Meeting)  Peter Driemel, Manager Health, Waste & Regulatory Services (Part of Meeting)  Trevor Boheim, Regional & Strategic Planning Lead (Part of Meeting)  Tanya O’Brien, Planning Officer  Amanda Pugh, Manager Planning & Development  Darryl Simpson, Local Laws Coordinator (Part of Meeting)  Johanna Brennan, Information Management Officer (Part of Meeting)  Lauren Sippel, Customer Service Officer (Part of Meeting)  Kerri MacMahon, Executive Coordinator Mayor & Deputy Mayor (Part of Meeting)

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 Tony McGrath, Rates Officer (Part of Meeting)  Brayden Luther, Works Technical Officer (Part of Meeting)  Jaclyn McPherson, Library Assistant (Part of Meeting)

Page 5

1.0 MEETING OPENED

The meeting commenced at 10:03am.

The Mayor, Cr Milligan as the Chairperson opened the meeting and welcomed all present. Pastor Trevor Bartley led the meeting in prayer, following a minute’s silence for those persons recently deceased.

2.0 LEAVE OF ABSENCE

No Leave Of Absence

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3.0 CONDOLENCES/GET WELL WISHES

3.1 Condolences/Get Well Wishes

Date: 06 February 2019 Author: Erin Carkeet, Governance and Strategy Officer Responsible Officer: Ian Church, Chief Executive Officer

Officer's Recommendation:

THAT letters of condolence be forwarded to the families of recently deceased persons from within, or associated with, the Lockyer Valley region.

RESOLUTION THAT letters of condolence be forwarded to the families of recently deceased persons from within, or associated with, the Lockyer Valley region.

Moved By: Cr Holstein Seconded By: Cr Hagan Resolution Number: 16-20/1228

CARRIED 7/0

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4.0 DECLARATION OF ANY MATERIAL PERSONAL INTERESTS/CONFLICTS OF INTEREST BY COUNCILLORS AND SENIOR COUNCIL OFFICERS

4.1 4.1 Declaration of Material Personal Interest on any Item of Business Pursuant to section 175C of the Local Government Act 2009, a councillor or senior council officer who has a material personal interest in an issue to be considered at a meeting of a local government, or any of its committees must: (a) inform the meeting of the material personal interest in the matter, including the following particulars about the interest – i. the name of the person or other entity who stands to gain a benefit, or suffer a loss, depending on the outcome of the consideration of the matter at the meeting ii. how the person or other entity stands to gain the benefit or suffer the loss iii. if the person or other entity who stands to gain the benefit or suffer the loss if the person or other entity is not the councillor or senior council officer—the nature of the relationship to the person or entity; and (b) leave the meeting room, including any area set aside for the public, and stay out of the meeting room while the matter is being discussed and voted on.

4.2 Declaration of Conflict of Interest on any Item of Business

Pursuant to section 175E of the Local Government Act 2009, a councillor or senior council officer who has a real or perceived conflict of interest in a matter to be considered at a meeting of the local government or any of its committees must inform the meeting about the personal interest in the matter, including the following particulars about the interests:

a) the nature of the interests b) if the personal interests arise because of the relationship with, or receipt of a gift from, another person: i. the name of the other person; and ii. the nature of the relationship or value and date of receipt of the gift; and iii. the nature of the other person’s interests in the matter.

c) how the councillor or senior council officer intends to handle the matter i.e. leave the meeting or proposes to stay in a meeting.

There were no declarations of Material Personal Interest or Conflicts of Interest by Councillors or Senior Council Officers.

5.0 MAYORAL MINUTE

No Mayoral Minute

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6.0 CONFIRMATION OF MINUTES

6.1 Confirmation of Ordinary Meeting Minutes 16 January 2019

Date: 06 February 2019 Author: Ian Church, Chief Executive Officer Responsible Officer: Ian Church, Chief Executive Officer

Officer's Recommendation:

THAT the Minutes of the Ordinary Meeting of Lockyer Valley Regional Council held on Wednesday 16 January 2019 be taken as read and confirmed.

RESOLUTION THAT the Minutes of the Ordinary Meeting of Lockyer Valley Regional Council held on Wednesday 16 January 2019 be taken as read and confirmed.

Moved By: Cr Hagan Seconded By: Cr Vela Resolution Number: 16-20/1229

CARRIED 7/0

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7.0 BUSINESS ARISING FROM MINUTES

No Business Arising from Minutes.

8.0 COMMITTEE REPORTS

No receipt of Committee Reports.

9.0 DEPUTATIONS/PRESENTATIONS

No Deputations/Presentations.

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10.0 EXECUTIVE OFFICE REPORTS

10.1 Chief Executive Officer's Report - January 2019

Date: 04 February 2019 Author: Ian Church, Chief Executive Officer Responsible Officer: Ian Church, Chief Executive Officer

Summary:

The purpose of this report is to update Council on key issues currently being actioned by Council’s Executive Office and to provide information relevant to Councillors and the organisation.

Officer’s Recommendation:

THAT Council receive and note the Chief Executive Officer’s Monthly Report for January 2019.

RESOLUTION THAT Council receive and note the Chief Executive Officer’s Monthly Report for January 2019.

Moved By: Cr Hagan Seconded By: Cr Holstein Resolution Number: 16-20/1230

CARRIED 7/0

Report

1. Introduction

This report is presented to ensure Council is well informed on the business being undertaken by the Executive Office of Council

2. Background

This report covers actions and information relevant to Councillors and the Executive Office, and includes the key areas of Governance and Strategy, Marketing, Communication and Engagement and, Regional Development. Legal and Property Services are subject to separate reports to Council

3. Report

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Governance and Strategy

Integrity Functions

Complaints The following table provides details of the complaints currently under consideration: Currently Received during Completed in the Type of No. received year to date under the month month complaint investigation 2018-19 2017-18 2018-19 2018-19 Staff 2 2 1 0 0 Administrative 7 8 2 2 1 Action Privacy 0 1 0 0 0 TOTAL 9 11 3 2 1

Audit and Risk Management

Internal Audit The internal audit into Council’s tendered contract evaluation has been completed and the draft report is being reviewed and management responses prepared. This report will be presented to the Audit and Risk Management Committee at its meeting scheduled for 8 March 2019.

Risk Management Risk identification workshops were conducted in January for Finance, Work Health and Safety and for the waste management levy. The outcome of these workshops will be a draft risk register for each of the business units and a standalone risk register for the waste management levy. Risk Identification workshops have been scheduled for Plumbing and Building Services, Information Management and Disaster Management.

Insurance Management The following table provides details of the insurance claims currently under consideration: Claim Type Received during Current/ongoing Finalised during month month Public Liability – 2 5 0 personal injury (above excess) Public Liability – 0 1 0 property damage (above excess) Professional Liability 1 5 0 (above excess) Professional indemnity 0 1 0 (below excess) Council Motor 1 1 1 Vehicle (above excess) Property 0 0 1 Third party property 1 1 3 TOTAL 5 14 5

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Legislative Framework

Local Laws The public consultation process regarding the Animal Management Subordinate Local Law No. 2 (2011) in relation to the establishment of a dog off-leash area at Lake Apex, Gatton closed on 16 January 2019. Public submissions received will be considered and presented to Council in February 2019.

Marketing, Communications and Engagement (MCE)

Queensland Transport Museum

January 2019

Ticket Sales Merchandise Adults Concessions Under 15 Child Free Sales $1,762.50 $1,573.49 145 95 45 24

January 2018

Ticket Sales Merchandise Adults Concessions Under 15 Child Free Sales $1,613.50 $1,382.51 127 96 8 7

Percentage difference 2018 to 2019

Ticket Sales Merchandise Adults Concessions Under 15 Child Free Sales 9.2% increase 13.8% 14.1% 1% decrease 462% increase 242% increase increase increase

Free entry for adults remains static with 76 and 75 for 2018 and 2019 respectively, however there was a 59% decrease in free entry for children between the ages of 6 and 15 with 30 in January 2019 down from 74 the previous year.

Events

Australia Day and Citizenship Ceremony The Ceremony was held in the Gatton Shire Hall on Saturday 26 January with strong attendance. An official record of numbers of attendees was not kept, however an estimate based on the number of seats indicates that attendance was close to 400. This is slightly higher than the previous year. The Ceremony included, for the first time, an Auslan interpreter; videos from Faith Lutheran College students highlighting life in the Lockyer Valley and a young pianist, Madleine Yeo to entertain guests. At the time of writing this report a meeting has yet to be held with the Mayor to debrief what went well and what we need to do differently next year.

Events Strategy The draft Events Strategy is almost complete and it will be workshopped with Council as soon

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as possible during March.

Communications Filming is about to commence on a new pilot which adopts a similar style to the Great Southeast with the sole aim of promoting the Lockyer Valley, its culture and food tourism aspects to the wider Brisbane market. Essentially we talk to a number of farmers about the crops they are growing and then use that produce as the base for the creation of two menus. Each episode (shot seasonally at this stage) will feature a different kitchen, ie Porters, The Royal, Staging Post Café etc.

We also use the opportunity to promote the attractions of the region. Discussions are being held with both Coles and Woolworths locally to highlight the fact that fresh Lockyer Valley produce is available at local supermarkets throughout Australia. The idea being that when lettuce, for example, appears with a specific farm/farmer on the packaging, we will feature that product and interview the farmer. Each episode will be targeted at the Brisbane, Gold and Sunshine Coast markets through Facebook.

Social Media Council has a strategy in place to increase engagement levels across all social media platforms and in particular, capitalise on the changes to Facebook’s algorithm

Over the last 28 days posts have reached 57,177 people, representing an increase of 191% over the previous month. Engagement has also risen by 265% to 20,464 with video views rising 31% to 4309, again over the previous month. Council staff are engaging on external pages such as wishing kids the best of luck at the Laidley State High School Swimming Carnival. A recent post on Lockyer High has seen the school start tagging Council in on their posts. As a result of these initiatives Council is receiving a lot more positive feedback through Facebook

Two recent posts, the first being on Council’s Jeans Day and the other being the University of Queensland’s Gatton Campus acceptance of injured turtles, have resulted in local media coverage for Council.

Engagement The Grant Writing workshops are continuing to deliver exceptional value for money delivering $4 million back into the local economy, $1 million alone last financial year. Approximately $100,000 has been awarded to local clubs in the last round of the Gambling Community Benefit Funding. Council’s contribution to facilitating the program is $21,000 per annum.

Youth Development A combined agencies school holiday program ran during the summer school holidays with more than 25 separate activities delivered by five different organisations, including Council’s Libraries and Youth Development teams. Community participation varied across the range of activities and a debrief process will evaluate and recommend improvements for future holiday programs.

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Proposed Regional Park Engagement Since launching on 30 November 2018, the Hatton Vale - Kensington Grove Regional Park consultation website has had:  3,800 visits  67 registered users  96 people complete the on-line survey  33 people complete the on-line quick poll  55 ideas posted on the Ideas Wall with 130 votes cast against those ideas  63 research document downloads

Stage 1 of the consultation closed on 31 January 2019 for analysis and master plan design.

Gatton Showgrounds Master Plan/Regional Parks Strategy Community Engagement staff are providing advice and communications support to the consultants undertaking the preparation of the Gatton Showgrounds Master Plan and the Regional Parks Strategy.

Skatepark Master Plan Consultation Australian Skateboarding Community Initiative have been commissioned to lead a consultation process with skateboard park users, to assist with preparation of the Regional Skate Park Master Plan, in liaison with the Community Engagement Team. This is scheduled to commence in February 2019 and will assist with longer term designing of skateboard park upgrades and maintenance.

Waste Reduction & Recycling Plan (WRRP) The Community Engagement team is supporting Waste Management staff with design and implementation of future consultation for the WRRP.

Drought Communities Program – Extension Funding Council has now applied for projects with a value of up to $1 million, to the Commonwealth Drought Communities Extension Funding Program. As at 29/01/2019, projects with a combined value of $599,511 have been approved. Funds have not been released at this stage.

Forest Hill Silo Art Project Discussions are underway with GrainCorp and representatives of Forest Hill to scope the proposed project and to negotiate a project management model. No funding has been secured for this project as yet.

Regional Development

Lockyer Valley and Somerset Water Collaborative (LVSWC) The LVSWC and Council representatives have been actively working with State Agencies on preparation of the Strategic Business Case (SBC) as required by the Building Queensland framework. To date, the investment logic mapping, strategic response and identified risk and mitigation strategy components of the SBC have been completed. A positive SBC will secure the funding to move to the Detailed Business Case. It is intended that a draft of the SBC will be completed by the end of March and finalised by the end of June 2019.

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At the time of writing, the next meeting of the LVSWC is due to be held on 7 February and Neil Brennan, CEO SEQWATER has been invited to be given an overview of the project.

Gatton West Industrial Zone The Director General of the Department of Transport and Main Roads visited Council recently, including a site visit to the Gatton West Industrial Zone, which was emphasised as a potential major employment hub in the future. Consideration was given to exploring improving access for trucks to and from the site. In the meantime, Council continues to work with the developer who has recently expressed interest in the site.

Grantham Farm Workers Lodge Stage 1 of the development is now complete and finalisation of the project is currently underway. The developer is presently upgrading the leisure activities which will include a new pool.

Local Economic Snapshot - Economic Growth Lockyer Valley’s Gross Regional Product was $1.64 billion for the year ending 30 June 2018, which represented growth of 2.3% over the previous year. This is comparable to Queensland‘s annual growth of 2.2%. Contribution to the Gross Regional Product total included:

 Agriculture $355 million  Education & Training $139.6m  Construction $105.5m  Manufacturing $96.3m  Transport $89.4m.

There are currently 3085 local businesses operating in the Lockyer Valley creating 13,658 local jobs.

Local Business – Capacity Building Workshops The following business focused workshops will be delivered locally during February:

 E-commerce readiness hosted by Regional Development Australia  Australian Small Business Assistance Service, (ASBAS), subsidised workshop on website building  Business management hosted by State Development

Council officers have assisted with promoting these opportunities via social media, e- newsletters and email.

Social Media Insight - Tourism The Visit Lockyer Valley Facebook monthly insight for January had page likes at 1, 840, Reach for the month (people who saw posts) was 7,103 (6,133 last month), post engagement (likes, comments, shares) were 2,802 (1,416) and video views totalled 35 (174). The strongest performing posts for the month included crops (leveraging off the success of sunflower spotting in SEQ), things to do in Laidley, summer watering holes (country pubs) and school holiday milkshakes at Eagle Rock Café.

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Cooking School Plans are progressing for the next Lockyer Valley cooking school, to be held on 10 March 2019. The theme will be a take on afternoon tea/high tea with a contemporary twist and will be delivered with major sponsorship from Star Entertainment, who will provide top chefs from Treasury Casino in Brisbane and Star on the Gold Coast. It will again be delivered in partnership with Faith Lutheran College and hospitality students of the College.

Barbeque (BBQ) Event A concept is under development for a twilight Lockyer Valley BBQ event at Lake Apex at the end of March, with Food Ambassador Alastair McLeod. The event would highlight local produce through a cooking demonstration and cook your own concept. The target audience is local food enthusiasts.

Weekend for Visiting Car (Chevrolet) Enthusiasts Background work continues on the upcoming Chevrolet enthusiasts weekend visit to the Lockyer. At the time of writing a meeting has been scheduled for 6 February with organisers and community stakeholders about caravanning requirements and the efficient running of the Display Day.

Regional Flavours Planning meetings are underway for the 2019 Regional Flavours event. Marketing has commenced through social media, print editorial and direct email to encourage local producers and providores to make their stallholder applications for 2019. Applications close 22 February.

Lockyer Valley Function and Events Centre Social media activity during January included promotional posts for new breakfast and lunch menus, recruitment announcements and Australia Day public holidays. Work is continuing on improved financial reporting with the installation of just in time retail systems. Next month’s report will include financial information.

Council of Mayors South East Queensland (COMSEQ) The Lord Mayor of Brisbane and Chief Executive Officer of COMSEQ visited Council in January to update Councillors on the year ahead for COMSEQ. Key matters discussed included an update on the Olympic Feasibility work and People Mass Movement Study. Input was also being provided to that study to reflect regional matters. Officers also provided feedback on the COMSEQ City Deals work carried out in conjunction with the State Government in anticipation of further discussions with the Federal Government.

Advocacy

Water Allocations The State Government through the Department of Natural Resources, Mines and Energy is currently undertaking regulatory reform with respect to water and water allocations. Following a number of meetings with water users, Council provided a submission by the due date of 18 January 2019. This submission raised the serious concerns held by Lockyer Valley communities regarding the impacts of these proposed changes. These concerns included impacts on property values and equity, as well as the nature of water allocations based on flawed data and historical use. The submission also raised concerns that the allocations to Council itself were insufficient and flagged that Council would be providing additional information regarding those concerns, which was duly provided.

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Director General Department of Transport and Main Roads Visit to Council The Director-General of the Department of Transport and Main Roads spent time in the region on 15th January 2019. The opportunity was taken to raise with the Director-General a number of key issues including the Gatton West Industrial Zone and our concerns over the ARTC Inland Rail proposal.

Local Government Association of Queensland Drought Submission Following a Policy Executive meeting of the Local Government Association of Queensland (LGAQ), Officers met with Council to discuss the LGAQ submission on drought. This was a good discussion to both inform council and seek input to the policy submission.

Inland Rail Following a report to the January Council Meeting, the Mayor, Cr Holstein and Officers met with the Chief Executive Officer (CEO) of ARTC Inland Rail to discuss a series of concerns that had been raised in the report and correspondence from the Mayor to the CEO of ARTC. These concerns focused on the Gaul Street level crossing, a Davey’s bridge replacement, the proposed cycle way to the University of Queensland campus and heavy vehicles through Helidon.

A further ARTC LVRC Technical Working Group meeting was held as well as meetings over cycle way planning with the Department of Transport and Main Roads (DTMR) and ARTC. A constructability workshop was also held to introduce the significant impacts that construction of the projects will cause on the road network and the communities in the Lockyer Valley for the period of construction. ARTC Inland Rail continues to operate out of the customer service meeting room for 2 days a week. This arrangement will continue until February/March when it is anticipated the ARTC shopfront will open.

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10.2 2020 Quadrennial Local Government Election

Date: 09 January 2019 Author: Corrin Bischoff, Coordinator Governance and Strategy Responsible Officer: Ian Church, Chief Executive Officer

Summary:

Council has received correspondence from the Department of Local Government, Racing and Multicultural Affairs seeking a response on matters relating to the conduct of the 2020 elections. The key issues for consideration include change of boundaries, divisions, the number of councillors, name, or the local government’s classification; and application for a postal ballot, either for the whole or part of its area.

Officer’s Recommendation:

THAT the Lockyer Valley Regional Council 2020 Quadrennial Local Government Election is undertaken by attendance ballot.

RESOLUTION THAT the Lockyer Valley Regional Council 2020 Quadrennial Local Government Election is undertaken by attendance ballot.

Moved By: Cr McLean Seconded By: Cr Cook Resolution Number: 16-20/1231

CARRIED 7/0

Report

1. Introduction

The Department of Local Government, Racing and Multicultural Affairs has advised that the Minister will consider applications from Council’s regarding Proposed Local Government Changes and Postal Ballot for the 2020 Quadrennial Local Government Election.

2. Background

The 2020 Quadrennial Local Government Election is scheduled for Saturday, 28 March 2020. In preparation for this election and in accordance with the Local Government Act 2009 and Local Government Electoral Act 2011, Councils are able submit requests for Local Government Changes (change of boundaries, divisions, number of councillors, name, or the

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local government’s classification) and Postal Ballot for the 2020 Quadrennial Local Government Election.

Lockyer Valley Regional Council is an undivided Council with a mayor and six councillors. Lockyer Valley Regional Council is a Category Three Council.

The 2012 Local Government Election for Lockyer Valley Regional Council was conducted by postal ballot after an application was approved substantially on the basis of reduced costs and economics following the 2011 floods, and the ongoing community recovery.

In 2015, Council sought Ministerial approval to conduct a full postal ballot for the 2016 Local Government election. This request was not approved on the basis that Council’s reasons for the request were insufficient. The Minister of the day also stated that, “the majority of electors in the region do not have to travel for more than 20 minutes to cast their ballot and any potential savings associated with postal ballot voting are minor compared to the improved transparency and accountability and other social benefits afforded by attendance ballot polls.”

The 2016 Lockyer Valley Regional Council election was delayed due to the death of the sitting Mayor and a full postal ballot was held due to the delay.

The 10 February 2018 Councillor By-Election was undertaken by an attendance ballot.

3. Report

Proposed Local Government Changes

A Local Government change, outlined in the Local Government Act 2009 relates to a change of boundaries, divisions, number of councillors, name, or the local government’s classification. Proposed Local Government changes should be submitted to the Minister for Local Government, Racing and Multicultural Affairs as soon as possible.

It is not anticipated that there are any grounds for seeking a Local Government Change for Lockyer Valley Regional Council in preparation for the 2020 Quadrennial Local Government Election.

Postal Ballot

Under the Local Government Electoral Act 2011, the default position is for local government elections to be conducted by way of attendance ballot on polling day. Council may apply to the Minister Local Government, Racing and Multicultural Affairs by 1 July 2019 for a full or partial postal ballot. As part of any application for its election to be conducted by postal ballot, Council needs to demonstrate that it meets the criteria of a large rural sector, large remote area or extensive island area.

It is considered that there are not sufficient grounds to demonstrate that Council meets the criteria of a large rural sector, large remote area or extensive island area to seek a postal vote for the 2020 Local Government Quadrennial Election.

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4. Policy and Legal Implications

The matters raised in this report are in accordance with the requirements of the Local Government Act 2009 and the Local Government Electoral Act 2011.

There are policy matters that will require consideration in planning for the 2020 Quadrennial Local Government Election, including consideration of a caretaker period protocol, guidelines for employees seeking to stand for election and election signage.

5. Financial and Resource Implications

Council will need to make budget provision in the 2019/20 budget for the conduct of the 2020 Local Government Quadrennial Election.

6. Delegations/Authorisations

No further delegations are required to manage the issues raised in this report. The Chief Executive Officer will manage the requirements in line with existing delegations.

7. Communication and Engagement

The matters arising from this report that require further communication will be addressed through existing communication channels.

A change in the usual method of voting may require communication with the community to ensure they are adequately informed of the election and voting methods.

8. Conclusion

It is considered that there are not sufficient grounds for Lockyer Valley Regional Council to submit an application to the Minister of Local Government, Racing and Multicultural Affairs for Proposed Local Government Changes or a Postal Ballot for the 2020 Quadrennial Local Government Election.

9. Action/s

Attachments There are no attachments for this report.

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10.3 Outstanding Agenda Action Items Review

Date: 23 January 2019 Author: Erin Carkeet, Governance and Strategy Officer Responsible Officer: Ian Church, Chief Executive Officer

Summary:

The purpose of this report is to provide Council with an update on the status of actions arising from resolutions at Ordinary and Special Council meetings for the current term of Council.

Officer’s Recommendation:

THAT Council receive and note the Agenda Action Items Review report providing an analysis of the action items arising from Council agenda reports for the current term of Council.

RESOLUTION THAT Council receive and note the Agenda Action Items Review report, including Attachments 1 to 4 as appended to these Minutes, providing an analysis of the action items arising from Council agenda reports for the current term of Council.

Moved By: Cr Wilson Seconded By: Cr Vela Resolution Number: 16-20/1232

CARRIED 7/0

Report

1. Introduction

This report provides Council with an update on the action items arising from resolutions at Ordinary and Special Council meetings from 1 May 2016 to 31 December 2018. Additional details on resolutions that have not been completed are highlighted within this report.

This report aligns with Council’s Corporate Plan 2017-2022, Outcome 5.4, ‘Commit to open and accountable governance to ensure community confidence and trust in Council and our democratic values.’

2. Background

In the current term of Council it was determined that an update on actions arising from Council meeting resolutions be reported to Council on a quarterly basis by exception.

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3. Report

A total of 1,199 resolutions were recorded from the Ordinary and Special Council meetings from 1 May 2016 to 31 December 2018. Of these resolutions 136 were procedural motions, which did not require an action (e.g. moving into open and closed session and items for information). Of the remaining actions, 1180 have been completed, and 19 remain either ongoing or incomplete. The 19 ongoing/incomplete items are listed in the attachment to this report. All ongoing/incomplete items in the attachment contain notes outlining the status of each item and are updated on a regular basis.

Below is an analysis of the actions from 1 May 2016 to 31 December 2018.

Ongoing/Incomplete Procedural Motions Group Total Action Items Actions (no action required)

Executive Office 539 9

Organisational Development & 183 2 Planning

Corporate & 136 Community 246 5 Services

Infrastructure 95 3 Works & Services

TOTAL 1063 19

4. Policy and Legal Implications

There are no policy or legal implications which arise as a result of this report.

5. Financial and Resource Implications

Budget implications will continue to be addressed through existing allocations. Where additional resources are required to complete actions these will be reported to Council to ensure transparency in the completion of actions. Where significant, the matter will be addressed through the budget review process.

6. Delegations/Authorisations

No further delegations are required to manage the issues raised in this report. The relevant Executive Manager and/or the Chief Executive Officer will manage the requirements in line with existing delegations.

7. Communication and Engagement

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The following officers were consulted in the review of the actions:  Chief Executive Officer  Executive Manager Corporate & Community Services  Executive Manager Infrastructure Works & Services  Executive Manager Organisational Development & Planning

On a quarterly basis, Council will receive an updated report on the actions that are outstanding. Any actions that require further input from Council will be presented in the form of a separate agenda report.

8. Conclusion

This report enables Councillors to monitor, at a strategic level, the completion of actions, which have arisen as a result of resolutions of Council meetings.

9. Action/s

Outstanding action items are to be monitored and reported to Council on a quarterly basis.

Attachments 1⇩ Outstanding Actions 01 May 2016 to 31 December 2018 - Executive Office 8 Pages 2⇩ Outstanding Actions 01 May 2016 to 31 December 2018 - Organisational 4 Development & Planning Pages 3⇩ Outstanding Actions 01 May 2016 to 31 December 2018 - Corporate & Community 5 Services Pages 4⇩ Outstanding Actions 01 May 2016 to 31 December 2018 - Infrastructure Works & 2 Services Pages

Page 24 Outstanding Agenda Action Items Review Attachment 1 Outstanding Actions 01 May 2016 to 31 December 2018 - Executive Office

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Outstanding Agenda Action Items Review Attachment 1 Outstanding Actions 01 May 2016 to 31 December 2018 - Executive Office

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Outstanding Agenda Action Items Review Attachment 1 Outstanding Actions 01 May 2016 to 31 December 2018 - Executive Office

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Outstanding Agenda Action Items Review Attachment 1 Outstanding Actions 01 May 2016 to 31 December 2018 - Executive Office

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Outstanding Agenda Action Items Review Attachment 1 Outstanding Actions 01 May 2016 to 31 December 2018 - Executive Office

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Outstanding Agenda Action Items Review Attachment 1 Outstanding Actions 01 May 2016 to 31 December 2018 - Executive Office

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Outstanding Agenda Action Items Review Attachment 1 Outstanding Actions 01 May 2016 to 31 December 2018 - Executive Office

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Outstanding Agenda Action Items Review Attachment 1 Outstanding Actions 01 May 2016 to 31 December 2018 - Executive Office

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Outstanding Agenda Action Items Review Attachment 2 Outstanding Actions 01 May 2016 to 31 December 2018 - Organisational Development & Planning

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Outstanding Agenda Action Items Review Attachment 2 Outstanding Actions 01 May 2016 to 31 December 2018 - Organisational Development & Planning

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Outstanding Agenda Action Items Review Attachment 2 Outstanding Actions 01 May 2016 to 31 December 2018 - Organisational Development & Planning

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Outstanding Agenda Action Items Review Attachment 2 Outstanding Actions 01 May 2016 to 31 December 2018 - Organisational Development & Planning

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Outstanding Agenda Action Items Review Attachment 3 Outstanding Actions 01 May 2016 to 31 December 2018 - Corporate & Community Services

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Outstanding Agenda Action Items Review Attachment 3 Outstanding Actions 01 May 2016 to 31 December 2018 - Corporate & Community Services

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Outstanding Agenda Action Items Review Attachment 3 Outstanding Actions 01 May 2016 to 31 December 2018 - Corporate & Community Services

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Outstanding Agenda Action Items Review Attachment 3 Outstanding Actions 01 May 2016 to 31 December 2018 - Corporate & Community Services

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Outstanding Agenda Action Items Review Attachment 3 Outstanding Actions 01 May 2016 to 31 December 2018 - Corporate & Community Services

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Outstanding Agenda Action Items Review Attachment 4 Outstanding Actions 01 May 2016 to 31 December 2018 - Infrastructure Works & Services

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Outstanding Agenda Action Items Review Attachment 4 Outstanding Actions 01 May 2016 to 31 December 2018 - Infrastructure Works & Services

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ORDINARY COUNCIL MEETING MINUTES 13 FEBRUARY 2019

10.4 Australian Disaster Resilience Conference 2019

Date: 01 February 2019 Author: Vickie Wieland, EA to Chief Executive Officer Responsible Officer: Ian Church, Chief Executive Officer

Summary:

The Australian Disaster Resilience Conference will be held at the Melbourne Convention and Exhibition Centre over 28 - 29 August 2019. The purpose of this report is to seek approval for the Mayor, Councillor Tanya Milligan to attend this conference on behalf of Council as the Chair of the Local Disaster Management Group and the portfolio Councillor for Disaster Management.

Officer’s Recommendation:

THAT Council approve the attendance of the Mayor, Councillor Tanya Milligan at the 2019 Australian Disaster Resilience Conference in Melbourne from 28-29 August 2019.

RESOLUTION THAT Council approve the attendance of the Mayor, Councillor Tanya Milligan, at the 2019 Australian Disaster Resilience Conference in Melbourne from 28-29 August 2019.

Moved By: Cr Hagan Seconded By: Cr Cook Resolution Number: 16-20/1233

CARRIED 7/0

Report

1. Introduction The purpose of this report is to seek approval for the Mayor, Councillor Tanya Milligan to attend this conference on behalf of Council as the Chair of the Local Disaster Management Group and the portfolio Councillor for Disaster Management.

This report aligns with Corporate Plan 2017-22 Outcome 5.4 – Commit to open and accountable governance to ensure community confidence and trust in our Council and our democratic values.

2. Background To assist Councillors in undertaking their role, attendance at relevant training courses, conferences and workshops is supported by Council within budgetary constraints.

In accordance with the Expenses Reimbursement & Provision of Facilities for Councillors Policy and Guideline, the approval of Council is required for attendance by Councillors at any

Page 44 ORDINARY COUNCIL MEETING MINUTES 13 FEBRUARY 2019

training or conference, or for attendance by a Councillor at any event as a delegate or representative of Council.

3. Report The Mayor, Councillor Tanya Milligan is seeking approval to attend the 2019 Australian Disaster Resilience Conference being held in Melbourne from 28-29 August 2019. The Mayor is the Chair of the Local Disaster Management Group and the portfolio Councillor for Disaster Management.

The 2019 Australian Disaster Resilience Conference is the nation’s premier event focused on temporary disaster resilience practice and research. The event brings together practitioners from a range of sectors to share knowledge and build connections for a disaster resilient Australia. The conference will consider what it takes to be future ready by recognising the importance of being prepared for the unexpected, how to address pressing issues and be confident that we are all future ready. The themes for this year’s conference are: connection; respect; empowerment and wisdom.

Council’s Manager Disaster Coordination, will also be attending the conference and he has submitted an abstract for a presentation on the Laidley Business Resilience Project.

The Mayor will be attending this conference in lieu of the previously approved Australian & New Zealand Disaster and Emergency Management Conference.

4. Policy and Legal Implications

In accordance with the Expenses Reimbursement & Provision of Facilities for Councillors Policy and Guideline, the approval of Council is required for attendance by Councillors at any training or conference. This report complies with the requirements of the policy and guideline.

5. Financial and Resource Implications

The early bird full registration cost is $550.00 + GST, plus travel and accommodation expenses. There is an approved budget allocation for the attendance of Councillors at conferences for 2018/19.

6. Delegations/Authorisations

No further delegations are required to manage the issues raised in this report.

7. Communication and Engagement

The matters arising from this report that require further communication and engagement will be addressed through existing channels.

8. Conclusion

Councillor Milligan’s request to attend the Australian Disaster Resilience Conference aligns with the Mayor’s portfolio. The adoption of the recommendation will ensure Council complies with the Expenses Reimbursement and Provision of Facilities for Councillors Policy and Guideline and will enable an early bird registration to be completed for Council’s delegate to this Conference,

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9. Action/s

Attachments There are no attachments for this report.

Page 46 ORDINARY COUNCIL MEETING MINUTES 13 FEBRUARY 2019

10.5 Amending Subordinate Local Law No. 1 (Animal Management) 2018 for provision of a dog off leash area at Lake Apex, Gatton.

Date: 04 February 2019 Author: Corrin Bischoff, Coordinator Governance and Strategy Responsible Officer: Ian Church, Chief Executive Officer

Summary:

The purpose of this report is to seek a council resolution to make Amending Subordinate Local Law No. 1 (Animal Management) 2018 for the provision of a dog off-leash area at Lake Apex Park, Gatton.

Officer’s Recommendation: THAT Council accept and consider all public submissions as properly made submissions. Further; THAT Council proceed with making the proposed Amending Local Law No.1 (Animal Management) 2018 as attached to this report. Further; THAT Council adopt the consolidated version of the amended Subordinate Local Law No. 2 (Animal Management) 2011 as attached to this report.

RESOLUTION THAT Council accept and consider all public submissions as properly made submissions. Further; THAT Council proceed with making the proposed Amending Local Law No.1 (Animal Management) 2018 as attached to these Minutes. Further; THAT Council adopt the consolidated version of the amended Subordinate Local Law No. 2 (Animal Management) 2011 as attached to these Minutes.

Moved By: Cr McLean Seconded By: Cr Cook Resolution Number: 16-20/1234

CARRIED 7/0

RESOLUTION THAT Council undertake increased monitoring of the Lake Apex Park precinct, following the construction of the dog off-leash area, to manage compliance with Council’s Local Laws with respect to dog behaviour for a period of six months.

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Further; That a report outlining the findings of the Lake Apex Park precinct monitoring be presented to Council at the completion of the six month period.

Moved By: Cr McLean Seconded By: Cr Wilson Resolution Number: 16-20/1235

CARRIED 7/0

Report

1. Introduction

The purpose of this report is to enable the formal Subordinate Local Law Making Process to commence to amend Council’s current animal management subordinate local law to include the provision of a dog off-leash area at Lake Apex Park, Gatton.

This report aligns to Council’s Corporate Plan 2017-2022 outcomes: 1.1 A community with access to fair and reasonable services. 1.2 Council optimises the use of its open spaces and facilities by improving the access to and quality of the facilities for individuals and groups for cultural, recreational and community activities. 4.5 An integrated approach to the planning of all communities that strengthens local identity and lifestyle. 5.4 Commit to open and accountable governance to ensure community confidence and trust in council and our democratic values 5.7 Compliance with relevant legislation

2. Background

This report addresses the relevant steps of the Subordinate Local Law Making Process adopted by Council on 19 August 2015.

At the 7 August 2018 Councillor Workshop, an item was presented to assess the potential locations for a Gatton dog off-leash area. An assessment of existing Gatton parks was undertaken and consideration was given to the following criteria:

 Overall sizes of the parks  Location of the parks  Access to the parks by pedestrian traffic  Access to the parks by vehicular traffic  Current usage of the parks by residents  Current recreational facilities within the parks  Current facilities (i.e. Toilets) in close proximity to suitable sites in the parks  Distance of water supply in parks to suitable sites in the parks  Potential impact on the surrounding communities of the parks  Environmental impact within the parks

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Of the parks within the Gatton township area, a number were considered unsuitable for a dog off-leash area as they did not adequately meet the above criteria. Eight parks were reviewed in the detailed assessment and a summary of the assessment presented to Councillors at the 7 August 2018 workshop is outlined in Table 1.

Table 1: Park Water Shelter Toilets Area Appropriate Comments Sufficient proximity to residences William Yes Yes No No Yes Insufficient room to meet Kemp dog park requirements. Park Wilks Yes Yes No Yes No Sufficient facilities and Park area, however all the park area would be taken up by dog park. Also issues around inland rail route. Dawson Yes Yes No Yes Yes Sufficient area however Phipps park is in the bottom of a detention basin making it unsuitable. Bill Tew Yes No No No No Park currently has a drain Park that runs through the park making it unsuitable. Also no facilities in the park. Cleary Yes No No No No Land is not suitable to Park have a dog park due to the slope of land. Fred Yes Yes No Yes Possibly Meets most requirements Gilliam however park is in an Park area that receives limited usage. Lake Yes No No Yes Yes Area is suitable with a Apex: large number of trees that Skate can provide shade at Park area most times of year. Water is at the skate park area as well as a newly renovated carpark and vehicular access point. Visual access from the main road Western Drive. Security cameras in place. This is one of the most suitable locations. Lake Yes No Yes Yes Yes Area is suitable with Apex: facilities; site also has (Old BMX lights that reach a portion Track of the area. Caution area) around location due to “National Tree Day” trees. There is also a carpark in the vicinity. This is one of the more suitable

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Park Water Shelter Toilets Area Appropriate Comments Sufficient proximity to residences locations. Note: Concerns were raised as to this area being in a location that is not well frequented, is “out of the way” and not be attractive to the dog owning public as a result. There is no passive surveillance in the area which my raise personal safety concerns. This location is upstream of Lake Apex; therefore there is a risk of faecal matter washing into the Lake.

3. Report

The proposed amending subordinate local law, Amending Subordinate Local Law No.1 (Animal Management) 2018 (attached) proposes to amend Schedule 7 of Subordinate Local Law No. 2 (Animal Management) 2011 to establish a dog off-leash area at Lake Apex Park, Gatton.

Table 2 provides an overview of action taken at each step in the Subordinate Local Law Making Process:

Table 2: Statutory Requirement Action Taken Date Status Step 1: Propose to make Report to council to propose to make 28 November Completed subordinate local law Amending Subordinate Local Law 2018 amendments No.1 (Miscellaneous Subordinate Local Laws) 2017 Step 2: Ensure subordinate The proposed amendment is local law is consistent with consistent with current local laws and other local laws and subordinate local laws. subordinate local laws. Step 3: Consider anti- No possible anti-competitive provisions 28 November Completed competitive provisions in the in the proposed subordinate local law 2018 proposed subordinate local have been identified. law Step 4: Community Undertake community consultation 5 December Completed Consultation including: 2018 – 16 (a) Public notice in the Gatton Star January 2019 (b) The public notice and Amending and subordinate local law was made available on Council’s website information pages “Local Laws” and “Community Consultations”

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Statutory Requirement Action Taken Date Status (c) A copy of the proposed subordinate local law available for inspection during the consultation period in the Gatton and Laidley Customer Service Centres and able to be downloaded via the Council’s website Step 5: Accept and consider 16 properly made submissions were 16 January Completed every submission properly accepted and reviewed. 2019 made to Council Step 6: Report to Council to Report drafted for consideration by 13 February Current decide whether to: Council. Consolidated subordinate 2019 a) make the amending local law attached. subordinate local law b) proceed with making the subordinate local law with amendments c) not proceed with making the proposed subordinate local law Step 7: Advise the public of Yet to be commenced. the adopted subordinate local law a) in the government gazette b) on Council’s website Step 8: Make a copy of the Yet to be commenced. consolidated subordinate local laws available in Council’s public offices in Gatton and Laidley and download from Council’s website Step 9: Provide a copy of the Yet to be commenced. consolidated subordinate local law and copy of the public notice to the Minister Step 10: Update Council’s Yet to be commenced. Local Laws Register

With regard to Step 5: Accept and consider every submission properly made to Council, of the 16 submissions properly made, 15 object to the construction of a dog off-leash area at Lake Apex and one supports the proposal. The Public Submission Schedule is attached to this report.

The submitter supporting the proposal acknowledged that dogs will not be banned from the Park and provision of an off-leash area will assist to manage concern about dogs in the area; the location is close to necessary park facilities and away from bird populations.

A summary of the key issues raised by submitters objecting to the proposal is provided on Table 3 and where appropriate a response is provided.

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Table 3: Issue Response Lake Apex is a fauna Lake Apex Park is not a gazetted fauna sanctuary. The Lake Apex sanctuary and not compatible Master Plan does not refer to Lake Apex as a fauna sanctuary. In the with a dog off-leash area. community consultation section, there are seven responses that reference a fauna sanctuary.

As per the introduction of the Lake Apex Master Plan: “Lake Apex Park is a popular recreation area as well as providing an important habitat for a range of wildlife. It attracts a range of users including residents, families, walkers (with and without dogs), day visitors, birdwatchers (domestic and international), field naturalists, the arts community, school groups and is used by the University of Queensland (UQ) Gatton for research and student projects.”

In accordance with the Lake Apex Master Plan page 4, Lake Apex Park includes:  Lake Apex and Lake Freeman, which provide significant habitat to support a range of bird and wildlife;  The Lockyer Valley Cultural Centre, which includes a Visitor Information Centre, the Queensland Transport Museum, function and conference facilities, the Gatton Library, and art gallery and a restaurant;  The Gatton Historical Village;  The Lights on the Hill Truck Memorial; and  Playground facilities, picnic shelters, a skate park and walking tracks and pathways.

In the Background Information section of the Lake Apex Master Plan the following is written regarding the possibility of the Park being a Nature Reserve: 1. Criteria - There is no certainty that Lake Apex Park would actually meet the conservation criteria set out by DERM. The criteria is generally aimed at capturing larger tracts of habitat, significant wildlife corridors and especially natural, pristine ecosystems, whereas Lake Apex and Lake Freeman are highly modified waterbodies, the park supports very little terrestrial habitat and it does not sit within any key wildlife movement corridors.

2. Competing Community Demands - Nature Refuges Agreements are really focussed on conservation outcomes and are unlikely to be able to deal with the range of competing demands that affect Lake Apex Park. That is, it would not be able to appropriately balance the important recreational, cultural and tourism requirements of the Park with the ecological objectives. Lake Apex is promoted as a Page 30 of the Lake Apex Master Plan outlines a summary of fauna sanctuary and a bird- opportunities for Lake Apex. This includes watching location  Development of Lake Apex as the premier recreation hub in  Lake Apex Master the region Plan, p.30.  Focus on the natural assets of the park and capitalising on the  Lockyer Valley Lake Assets. Tourism Destination Plan, 2018-2023, pp. The Lockyer Valley Tourism Destination Plan 2018-2023 identifies an 44 & 69. opportunity to position the Lake as a birdwatching region and cites the

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Issue Response  Lake Apex Bird Guide brochure and online guide developed by Friends of Lake Apex.

Lake Apex Park is promoted as a dog friendly park on the Visit Brisbane website:

“A beautiful waterfront park which is home to over 150 different species of birds. Inclusive of playground equipment, barbecues, exercise equipment and toilet facilities. Lake Apex Park is also dog friendly and has a paved walking track the entire distance around the Lake. A perfect location for your next picnic.” https://www.visitbrisbane.com.au/lockyer-valley/things-to-do/nature- and-wildlife/natural-attractions/lake-apex-park?sc_lang=en-au The Lake Apex Master Plan In the community consultation section of the Lake Apex Master Plan does not include a dog off- there are six instances where interest in a dog off-leash area is raised. leash area At the 20 September 2018 Lake Apex Community Advisory Committee Meeting the following action was recorded:

Add off leash dog park to the Lake Apex Master Plan. Report to adopt the amendment to be presented to Council. Construction of a dog off-leash Two of the purposes of the Lake Apex Master Plan are: area at Lake Apex is not in  Make best use of the land available at Lake Apex Park for the line with the values outlined in enjoyment of the community and visitors to Lockyer Valley, the Lake Apex Master Plan through improved integration of facilities and amenities with natural ecosystems, and its connection to other attractions of interest within the area.  Protect environmental and cultural values through sensitive and sustainable design and development of the park. Dogs at Lake Apex are not Council officers respond to all complaints received and conduct ad hoc controlled and a dog off-leash patrols of the area. Persons identified as being non-compliant with area will not improve this Councils animal management Local Laws are firstly educated on how to comply with the Local Laws with further actions taken if necessary to enforce compliance. Further infrastructure will be The existing on-site car park at the skate park will be used for cars required to support the dog belonging to users of the dog off-leash area. off-leash area which will take further space away from the If complaints are received or identified during ad hoc patrols, regarding open spaces of the Park. cars parked in the wrong locations, Council Officers provide information on the need to park within the designated car park area People using the skate park with further actions taken if necessary. often park on the grass under trees at the moment and this No trees have been identified as being required to be removed as a will increase with the result of the Dog Off-leash Park and none have been requested to be construction of a dog off-leash removed. area. A dog off-leash area will The proposed area is not near Lake Freeman and Eastern Island and impact on the birdlife in the not too close to Western Island, the locations of the nesting and area. roosting birds as per the Lake Apex Master Plan. A dog off-leash area will The proposed dog off-leash area is downstream of the lakes; therefore impact on the water quality of water quality within the lakes will not be adversely impacted by a dog the lakes. off-leash area. There is no public demand for In the Lake Apex Master Plan in the consultation section there are six a dog off-leash area at Lake instances where mention of interest in a dog off-leash area is raised. Apex.

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Issue Response Council is aware of requests from dog owners since November 2011 for the creation of a dog off-leash area within Gatton to allow dog owners the capability to exercise their dogs “off the lead” rather than having to confine such exercise to be walked on a lead.

This includes an online petition for a dog off-leash area in Gatton which was supported by 233 people in 2014.

A document was also received on 15/1/2019 objecting to the dog off- leash area at Lake Apex, signed by 21 people. A dog off-leash area will spoil The height of the dog off-leash area fence will be approximately the amenity of the Park. 1300mm. This includes an approximate 75mm gap at the bottom of the fence.

No trees have been identified for removal as a result of constructing the dog off-leash area and none have been requested to be removed.

The use of the existing trees on the proposed site will provide ample natural shade for users of the dog off-leash area and reduce any potentially negative visual impacts. No decision was made (vote The Lake Apex Community Advisory Committee (LACAC) is an taken) at the Lake Apex advisory committee to Council. The meeting record (minutes) of Community Advisory LACAC Meetings over the past 12 months shows that a voted has only Committee (LACAC) meeting been taken on confirming the minutes of the meeting. Other items on 20 September 2018 have actions assigned to them but no vote taken. regarding the construction of a dog-off Ieash area. At the 20 September 2018 Lake Apex Community Advisory Committee Meeting the following action was recorded:

Add off leash dog park to the Lake Apex Master Plan. Report to adopt the amendment to be presented to Council. A large number of resources Investment has also been made by Council at Lake Apex for the have been invested in the construction of the skate park, walking tracks, playground, parking Park for in the protection and facilities, and installation of CCTV etc. enhancement of Park.

A number of alternative locations for a dog off-leash area were suggested by objecting submitters through the community consultation process. Three additional locations to the eight parks assessed in Table 1 were suggested, Littleton Park; Rotary Park; and Lions Park. These parks were not assessed by Council officers as they did not meet the initial criteria identified.

 make the amending subordinate local law  proceed with making the subordinate local law with amendments  not proceed with making the proposed subordinate local law.

The proposal to construct a dog off-leash area at Lake Apex Park, Gatton is in line with the purpose of Lake Apex Park as a multi-use community park with minimal impact on the other

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activities of the park as there is no water run-off into the lake, and it will assist to direct dogs away from the immediate surrounds of the lake to a single contained area.

4. Policy and Legal Implications

The resolutions made in this report comply with the legislative requirements set out to facilitate:

a) notification that 16 public submissions were received and considered b) proceeding with making the proposed subordinate local law.

The proposal has been considered in accordance with the following legislation:

 Sections 29-32 of the Local Government Act 2009 and section 15 of the Local Government Regulation 2012  Lockyer Valley Regional Council’s suite of Local Laws and Subordinate Local Laws  Proposed Amending Local Law No.1 (Animal Management) 2018.

There are no new policy implications in the proposed local law amendments made in this report. The proposal has been considered in accordance with Council’s adopted local law making process. Changes will take effect on the date of gazettal.

During the public consultation process, Council is obliged to accept and consider all submissions properly made to Council about the proposed amending subordinate local law. Having considered all submissions, Council will be obliged to decide whether to proceed with the making of the proposed amending subordinate local law either as advertised, with amendments, or not at all.

As the amendment to Council’s animal management subordinate local law proposed in this report is an amendment to subordinate local laws only, Council is not required to investigate State interest impacts of the amendments. It is also no longer necessary to make an application to the Minister for Local Government before any amendments can be made.

5. Financial and Resource Implications

The costs associated with drafting the amending local law were funded through existing budget allocations.

The only foreseeable cost is if Council resolves to adopt the amended subordinate local law in Step 7 of the process, Council will also incur gazettal fees. All other work to complete the subordinate local law making process will be undertaken by Council officers.

The effect of the proposed amending subordinate local law, if adopted, will be the establishment of a dog off-leash area at Lake Apex Park, Gatton which has been budgeted for in the 2018-19 financial year.

6. Delegations/Authorisations

Authority is sought from Council for the Chief Executive Officer to make any minor formatting amendments to the proposed amending subordinate local law (if required).

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7. Communication and Engagement

Engagement has been undertaken with internal stakeholders, officers and Councillors through a series of workshops as part of the broader Local Law Review Project. The amendments proposed to be made to Subordinate Local Law No. 2 (Animal Management) have been workshopped with Council officers and Councillors.

This matter was also discussed with the Lake Apex Community Advisory Committee at the 20 September and 18 December 2018 meetings. Members of Friends of Lake Apex were in attendance at both meetings.

A notice advertising the public consultation period for the proposed amending subordinate local law was published in the Gatton Star newspaper on 5 December 2018, on Council’s website and in Council’s public offices in Gatton and Laidley. Copies of the proposed amending subordinate local law were made available for inspection on Council’s website and in hard copy from Council’s public offices in Gatton and Laidley. Messaging through Council’s social media channels was undertaken.

All submitters will be provided with a response regarding how their submissions were evaluated.

A media release will be published explaining Council’s decision, the reasons for the decision and how submissions were evaluated.

8. Conclusion

The recommendations made in this report enable Council to meet its legislative obligations for making Amending Subordinate Local Law No.1 (Animal Management) 2018 according to the Subordinate Local Law Making Process.

9. Action/s

1. Prepare and publish the Gazettal Notice 2. Provide feedback to submitters 3. Notify the Minister Local Government, Racing and Multicultural Affairs 4. Prepare of website notice on local law change 5. Prepare a media release

Attachments 1⇩ Public Submission Schedule - Amending Local Law No.1 (Animal Management) 4 Pages 2018 2⇩ Amending Subordinate Local Law No. 1 (Animal Management) 2018 3 Pages 3⇩ Consolidated Subordinate Local Law No. 2 (Animal Management) 2011 version 2 30 Pages

Page 56 Amending Subordinate Local Law No. 1 (Animal Attachment 1 Management) 2018 for provision of a dog off leash area at Public Submission Schedule - Lake Apex, Gatton. Amending Local Law No.1 (Animal Management) 2018

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Amending Subordinate Local Law No. 1 (Animal Attachment 1 Management) 2018 for provision of a dog off leash area at Public Submission Schedule - Lake Apex, Gatton. Amending Local Law No.1 (Animal Management) 2018

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Amending Subordinate Local Law No. 1 (Animal Attachment 2 Management) 2018 for provision of a dog off leash area at Amending Subordinate Local Law No. 1 Lake Apex, Gatton. (Animal Management) 2018

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Amending Subordinate Local Law No. 1 (Animal Attachment 2 Management) 2018 for provision of a dog off leash area at Amending Subordinate Local Law No. 1 Lake Apex, Gatton. (Animal Management) 2018

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Amending Subordinate Local Law No. 1 (Animal Attachment 2 Management) 2018 for provision of a dog off leash area at Amending Subordinate Local Law No. 1 Lake Apex, Gatton. (Animal Management) 2018

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Amending Subordinate Local Law No. 1 (Animal Attachment 3 Management) 2018 for provision of a dog off leash area at Consolidated Subordinate Local Law Lake Apex, Gatton. No. 2 (Animal Management) 2011 version 2

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ORDINARY COUNCIL MEETING MINUTES 13 FEBRUARY 2019

10.6 Request for Renewal of Lease - Part of Lot 257 on CH311500

Date: 05 February 2019 Author: Caitlan Natalier, Solicitor & Legal Services Coordinator Responsible Officer: Ian Church, Chief Executive Officer

Summary:

The Lessees have leased part of Lot 257 on CH311500 at Lower Tenthill for grazing purposes since 1 December 2016. The lease and option terms have now expired and the Lessees wish to renew their lease of the land.

The purpose of this Report is to consider this request and meet Council’s statutory obligations for the disposal of land by way of lease.

Officer’s Recommendation:

THAT with respect to the existing Lessees’ request for renewal of the lase of part of Lot 257 on CH311500, Council resolves to:

(a) apply the exception contained in Section 236(1)(c)(iii) of the Local Government Regulation 2012 in order for a new lease to be offered to the existing Lessees; and (b) delegate authority to the Chief Executive Officer to enter into a new lease of the land with the existing Lessees on terms satisfactory to Council.

RESOLUTION THAT with respect to the existing Lessees’ request for renewal of the lease of part of Lot 257 on CH311500, Council resolve to:

(b) apply the exception contained in Section 236(1)(c)(iii) of the Local Government Regulation 2012 in order for a new lease to be offered to the existing Lessees; and (c) delegate authority to the Chief Executive Officer to enter into a new lease of the land with the existing Lessees on terms satisfactory to Council.

Moved By: Cr Hagan Seconded By: Cr Wilson Resolution Number: 16-20/1236

CARRIED 7/0

Page 94 ORDINARY COUNCIL MEETING MINUTES 13 FEBRUARY 2019

Report

1. Introduction

The purpose of this Report is to consider a request for renewal of the lease of part of Lot 257 on CH311500 at Lower Tenthill from the existing Lessees and meet Council’s statutory obligations for the disposal of land by way of lease.

2. Background

The Lessees have leased part of Lot 257 on CH311500 as shown on Attachment 1 (the Land) for grazing purposes since 1 December 2016. The Lessees were awarded the lease following a tender process.

The initial term and option term, each 1 year, have now expired and the Lessees have requested a renewal of their lease. They are currently holding over under the provisions of their previous lease.

The Lessees have been advised that Council will need to consider their request and take steps to meet its statutory obligations for the disposal of land, before a new lease could be offered.

3. Report

The Land being leased is an area of approximately 1.5 hectares of freehold land. Due to its size, topography and proximity to road infrastructure it is of limited use and most appropriate for grazing uses.

The Lessees are willing to enter into a lease on the same terms and conditions as their previous lease. They currently pay rental of $470.00 per annum increased annually to CPI. This amount reflects their tender bid and is evidence of the market value of the land.

The term of the new lease is proposed to be for a total of 3 years, including options, so that it will not be necessary for the Lessees to incur survey or registration costs.

If Council is agreeable to these terms and wishes to offer a new lease to the existing Lessees, Council must first resolve to apply the exception under Section 236(1)(c)(iii) that allows a renewal of lease to be offered to an existing tenant without requiring a new tender process to be undertaken. The Recommendation made in this report is to apply this exception and delegate authority to the Chief Executive Officer to offer a new lease to the existing Lessees.

4. Policy and Legal Implications

Council’s statutory obligations for the disposal of land by way of lease have been addressed in the body of this Report and the Recommendation made.

5. Financial and Resource Implications

No additional financial implications are expected if the lease arrangement continues.

Page 95 ORDINARY COUNCIL MEETING MINUTES 13 FEBRUARY 2019

The commencement rental, adjusted by CPI, is proposed to be $485.86 plus GST per annual. The Lessees will also maintain public liability and any other necessary insurances in respect of their use of the Land.

The new lease can be prepared internally by Council’s Property Officer.

6. Delegations/Authorisations

The Recommendation includes a delegation of authority to the Chief Executive Officer to do all things necessary to give effect to Council’s resolution and enter into a new lease of the Land.

7. Communication and Engagement

The Chief Executive Officer and the Property Officer will be responsible for engaging with all interested parties to finalise the new lease.

8. Conclusion

The Recommendation made in this Report will enable Council to meet its statutory obligations and continue the existing leasing arrangement for the mutual benefit of Council and the existing Lessees.

9. Action/s

1. Notify the Lessees of Council’s resolution. 2. Prepare and enter a new lease of the Land.

Attachments 1⇩ Attachment 1 - Aerial Plan 1 Page

Page 96 Request for Renewal of Lease - Part of Lot 257 on Attachment 1 CH311500 Attachment 1 - Aerial Plan

Attachment 1 10.6 Page 97

ORDINARY COUNCIL MEETING MINUTES 13 FEBRUARY 2019

10.7 Operational Plan 2018-19 Quarterly Performance Report, December 2018

Date: 06 February 2019 Author: Madonna Brennan, Governance and Strategy Advisor Responsible Officer: Ian Church, Chief Executive Officer

Summary:

This report provides a summary of the performance against the 2018-19 Operational Plan for the period 1 October 2018 to 31 December 2018 (second quarter).

Officer’s Recommendation:

THAT Council receive the second quarter performance update on the 2018-19 Operational Plan for the period 1 October 2018 to 31 December 2018 as attached to this report.

RESOLUTION THAT Council receive the second quarter performance update on the 2018-19 Operational Plan for the period 1 October 2018 to 31 December 2018, as attached to these Minutes.

Moved By: Cr Hagan Seconded By: Cr Wilson Resolution Number: 16-20/1237

CARRIED 7/0

Report

1. Introduction

Council adopted its 2018-19 Operational Plan with its Annual Budget for the 2018-19 financial year on 5 June 2018 and has a statutory obligation to report on the progress of the Operational Plan on at least a quarterly basis. The Operational Plan captures key projects and priorities for the 2018-19 financial year to ensure Council delivers the outcomes and commitments of the Corporate Plan 2017-2022.

2. Background

The 2018-19 Operational Plan was prepared in response to achieving the outcomes of the Corporate Plan 2017-2022. The development process was undertaken in conjunction with the 2018-19 budget process in consultation with key Council staff responsible for the delivery of the strategies. This report outlines activities that have been completed or progressed during the financial year to date.

Page 98 ORDINARY COUNCIL MEETING MINUTES 13 FEBRUARY 2019

3. Report

Included with this report is the second quarter performance update, which reports on the achievements to 31 December 2018 on each of the strategies, identified in the 2018-19 Operational Plan. Each strategy has a key performance indicator, the progress of which is measured against budget, timing, scope and risk. A summary of performance to 31 December 2018 against each key Operational Plan theme is as follows:

Lockyer Community Lockyer Bus, & Farm Live Lockyer Nature Lockyer Planned Lockyer Leadership & Council Total Initiatives for 2018/19 14 8 8 18 26 Timing of Delivery On Time 13 8 7 14 22 Re-scheduling Expected 1 0 1 3 3 At Risk of Deferral 0 0 0 1 0 To Be Deferred 0 0 0 0 1 Completed 0 0 0 0 0 Scope of Works Benefits to be achieved 14 8 8 16 25 Benefits @ Risk 0 0 0 2 1 Benefits in Doubt 0 0 0 0 0 Risk Management No Concerns 10 5 8 11 16 Concerns being addressed 4 3 0 7 10 Significant Risk Experienced 0 0 0 0 0

A change in responsibility for delivering strategy number 4.2.12, refurbishment of Council’s bores has been made to Building and Facilities under Corporate and Community Services from Infrastructures Works and Services. This change will be reflected in reporting from the third quarter onwards.

4. Policy and Legal Implications Section 174(3) of the Local Government Regulation 2012 requires the Chief Executive Officer to present a written assessment of local government’s progress towards implementing the annual Operational Plan at meetings of the local government. These reports are required to be made at regular intervals of not more than three months. This report presents the second quarterly performance report on the 2018-19 Operational Plan

5. Financial and Resource Implications

The financial performance of each key Operational Plan Theme provides an indication on the progress of initiatives or of constraints in delivering outcomes for the 2018-19 Operational Plan. Overall, financial performance is within budget tolerances and aligns to the delivery of outcomes.

Page 99 ORDINARY COUNCIL MEETING MINUTES 13 FEBRUARY 2019

A summary of financial performance against key Operational Plan themes is set out in the following tables:

Lockyer Community Lockyer Farm Bus, & Live Lockyer Nature Lockyer Planned Lockyer Leadership Council &

Total Initiatives for 14 8 8 18 26 2018/19 Within Operational 3 1 1 5 19 Allocation Budget on Track 8 7 5 11 5 Budget 1 0 2 0 2 Underspent Budget Overspent 2 0 0 2 0

Operating Revenue Operating Expense Capital Revenue Capital Expense Theme Budget Actual Budget Actual Budget Actual Budget Actual

Lockyer 921,760 417,091 3,740,475 2,076,381 4,980 150,000 793,480 140,499 Community Lockyer Bus, Farm 2,236,234 1,136,500 4,290,953 2,294,033 150,000 4,854 & Live Lockyer 325,480 153,411 1,468,680 434,824 95,000 50,652 Nature

Lockyer 13,598,017 6,460,008 17,009,351 8,647,739 2,784,211 1,028,771 18,958,731 7,140,690 Planned Lockyer Lead & 40,712,019 18,569,104 29,104,885 13,852,987 494,000 126,022 5,634,000 1,896,523 Council

Total 57,793,510 26,736,114 55,614,344 27,305,964 3,283,191 1,304,793 25,631,211 9,233,218

6. Delegations/Authorisations

No delegations are required for this report and existing authorities are appropriate for the delivery of the 2018-19 Operational Plan outcomes.

Page 100 ORDINARY COUNCIL MEETING MINUTES 13 FEBRUARY 2019

7. Communication and Engagement

The significant achievements of the 2018-19 Operational Plan are regularly reported through Corporate Communications and media channels. The second quarter performance report on the 2018-19 Operational Plan will be published on Council’s website.

8. Conclusion

Quarterly reporting against the 2018-19 Operational Plan is a statutory requirement and informs Council and the community on the performance of Council against yearly programs and activities in line with the Corporate Plan 2017-2022.

9. Action/s

1. Publish on Council’s website. 2. Publish on the Big Tin Can Hub.

Attachments 1⇩ Second Quarter Report 18 Pages

Page 101 Operational Plan 2018-19 Quarterly Performance Report, Attachment 1 December 2018 Second Quarter Report

Attachment 1 10.7 Page 102

Operational Plan 2018-19 Quarterly Performance Report, Attachment 1 December 2018 Second Quarter Report

Attachment 1 10.7 Page 103

Operational Plan 2018-19 Quarterly Performance Report, Attachment 1 December 2018 Second Quarter Report

Attachment 1 10.7 Page 104

Operational Plan 2018-19 Quarterly Performance Report, Attachment 1 December 2018 Second Quarter Report

Attachment 1 10.7 Page 105

Operational Plan 2018-19 Quarterly Performance Report, Attachment 1 December 2018 Second Quarter Report

Attachment 1 10.7 Page 106

Operational Plan 2018-19 Quarterly Performance Report, Attachment 1 December 2018 Second Quarter Report

Attachment 1 10.7 Page 107

Operational Plan 2018-19 Quarterly Performance Report, Attachment 1 December 2018 Second Quarter Report

Attachment 1 10.7 Page 108

Operational Plan 2018-19 Quarterly Performance Report, Attachment 1 December 2018 Second Quarter Report

Attachment 1 10.7 Page 109

Operational Plan 2018-19 Quarterly Performance Report, Attachment 1 December 2018 Second Quarter Report

Attachment 1 10.7 Page 110

Operational Plan 2018-19 Quarterly Performance Report, Attachment 1 December 2018 Second Quarter Report

Attachment 1 10.7 Page 111

Operational Plan 2018-19 Quarterly Performance Report, Attachment 1 December 2018 Second Quarter Report

Attachment 1 10.7 Page 112

Operational Plan 2018-19 Quarterly Performance Report, Attachment 1 December 2018 Second Quarter Report

Attachment 1 10.7 Page 113

Operational Plan 2018-19 Quarterly Performance Report, Attachment 1 December 2018 Second Quarter Report

Attachment 1 10.7 Page 114

Operational Plan 2018-19 Quarterly Performance Report, Attachment 1 December 2018 Second Quarter Report

Attachment 1 10.7 Page 115

Operational Plan 2018-19 Quarterly Performance Report, Attachment 1 December 2018 Second Quarter Report

Attachment 1 10.7 Page 116

Operational Plan 2018-19 Quarterly Performance Report, Attachment 1 December 2018 Second Quarter Report

Attachment 1 10.7 Page 117

Operational Plan 2018-19 Quarterly Performance Report, Attachment 1 December 2018 Second Quarter Report

Attachment 1 10.7 Page 118

Operational Plan 2018-19 Quarterly Performance Report, Attachment 1 December 2018 Second Quarter Report

Attachment 1 10.7 Page 119

ORDINARY COUNCIL MEETING MINUTES 13 FEBRUARY 2019

10.8 Request for Variation of Proposed Lease Terms - Lease of Part of the Laidley Depot

Date: 06 February 2019 Author: Caitlan Natalier, Solicitor & Legal Services Coordinator Responsible Officer: Ian Church, Chief Executive Officer

Summary:

The purpose of this Report is to consider a request from Biosecurity Queensland for the use of additional land at the former Laidley Depot site, general maintenance and other works to be undertaken by Council to facilitate the use of this additional area and a less formal tenure arrangement.

Officer’s Recommendation:

THAT with respect to the request of Biosecurity Queensland for the use of additional land at the Laidley Depot, for Council to undertake maintenance works to facilitate their use and other matters, Council resolves to authorise the Chief Executive Officer to:

(a) investigate again whether the State has any interest in purchasing the former Laidley Depot site subject to the land being reconfigured to enable this given their proposal to intensify their use of the land;

(b) negotiate lease terms satisfactory to Council to enable use of the additional area subject to an increased lease rental being agreed in consideration of the inclusion of the additional land area and the costs Council will incur to undertake works to facilitate the requested use;

(c) negotiate what general maintenance and other works will be undertaken by Council to facilitate the proposed use by Biosecurity Queensland; and

(d) arrange for the agreed maintenance and other works to be undertaken at a time convenient to Council and prior to use by Biosecurity Queensland.

RESOLUTION THAT with respect to the request from Biosecurity Queensland for the use of additional land at the Laidley Depot and for Council to undertake maintenance works to facilitate their use of the land, and other matters, Council resolve to authorise the Chief Executive Officer to:

(a) investigate again whether the State has any interest in purchasing the former Laidley Depot site subject to the land being reconfigured to enable this, given their proposal to intensify their use of the land; or

Page 120 ORDINARY COUNCIL MEETING MINUTES 13 FEBRUARY 2019

(b) negotiate lease terms satisfactory to Council to enable use of the additional area, subject to an increased lease rental being agreed in consideration of the inclusion of the additional land area and the costs Council will incur to undertake works to facilitate the requested use; and

(c) negotiate what general maintenance and other works will be undertaken by Council to facilitate the proposed use by Biosecurity Queensland; and

(d) arrange for the agreed maintenance and other works to be undertaken at a time convenient to Council and prior to use by Biosecurity Queensland.

Moved By: Cr Cook Seconded By: Cr Vela Resolution Number: 16-20/1238

CARRIED 7/0

Report

1. Introduction

2. Background

Since 11 October 2017, Biosecurity Queensland has operated their fire ant treatment program from the main shed of the former Laidley Depot. On 23 January 2018, Biosecurity Queensland officers presented a request to Council for a 5 year lease of the main shed to secure a continued base of operations. Since then, they have also requested use of the foreman’s office to the east of the main shed and some area immediately around these buildings for car parking.

By resolution of 24 April 2018 Council agreed to these requests and a 5 year lease was prepared and provided to the Department of Agriculture and Fisheries for and on behalf of Biosecurity Queensland. Council officers also cleared significant Council property from these areas to facilitate the proposed use.

Council officers have been awaiting the return of the signed lease documents from Biosecurity Queensland since late 2018.

3. Report

On 31 January 2019, the Asset and Facilities Management Coordinator met with a Biosecurity Queensland representative on site to discuss some general maintenance items. At that time,

Page 121 ORDINARY COUNCIL MEETING MINUTES 13 FEBRUARY 2019

Biosecurity Queensland advised that they wished to use the extra space at the rear of the sheds (the former depot site) to accommodate parking for an extra 72 staff they intend to bring into the area.

Attachment 1 to this Report are plans showing the lease and licence areas already agreed by Council. To date the proposal has been to lease the buildings and grant a licence for an area external to the buildings to allow access and carparking. Use of the access and external areas would be shared by Council as Council would retain the use of other buildings and the balance of the land at the rear of the depot site.

Attachment 2 to this Report is an Aerial Plan showing the extended area proposed for use by Biosecurity, excluding the buildings within this area.

This additional land is overgrown, uneven and contains a large amount of Council equipment, street signs, broken wheelie bins, old pavers and bricks and two additional buildings. These buildings are currently empty and unused. Biosecurity have requested that this additional area, not including the two buildings, be included in their use area and that Council clean, grade and remove rubbish from the area to a standard that will allow vehicles to be parked there.

The estimated cost to Council of performing the works requested by Biosecurity Queensland to clear and level the land and remove rubbish is $3,200.00 based on the following:

 Grader and trucks to level area, remove and dispose of rubbish – approximately $250 per hour for 8 hours = $2,000.00  Tractor and slasher to clear vegetation and weeds – approximately $150 per hour for 8 hours = $1,200.00

It should be noted that these are conservative estimates and may increase depending on ground condition, access and waste fees.

Other items of general maintenance requested by Biosecurity include:

 Replacement of the faulty air conditioning unit in the office space.  Pigeon proofing to the main shed (this is difficult as the large roller doors are open for most of the day).  Repairs to pedestrian gates and boundary fencing for security purposes.  Repair of a broken door handle  repairs to the eye wash station  reattachment of wall panelling in the kitchen area.

Estimates have not yet been obtained for the other general maintenance items requested.

Biosecurity originally indicated that they would like approval for use given, and all ground preparation works to enable the use to be completed by Council, so that use could commence on 15 February 2019. They have been informed that this is not likely to occur as Council will need to formally consider their request, and they would need to sign the tenure documents, before Council would incur any further costs for works.

Page 122 ORDINARY COUNCIL MEETING MINUTES 13 FEBRUARY 2019

Biosecurity has agreed to pay $42,000.00 per annum plus GST for the area already agreed and being used as shown in Attachment 1. No additional rental has been offered by Biosecurity for the use of the extended area shown on Attachment 2.

Biosecurity has also requested that a licence to occupy be granted instead of a lease, and that the term be adjusted to an initial term of 3 years with two 1 year options in order to secure their rights without incurring the cost of registering a lease. These requests relate to legal matters and are addressed in the Policy and Legal Implications section below.

Whilst Biosecurity appear to be intensifying their use of the site, and have increased expectations beyond what was originally proposed, considered and agreed to by Council, there may be some benefit in granting some of their requests. They are effectively seeking to use the majority of the former Laidley depot site, and besides the storage of minimal IWS items by Council, there is no other current or proposed use for this site by Council or any other party. Biosecurity are exercising exclusive use rights and it is appropriate to consider leasing the whole of the former depot site to them and potentially transferring some of the maintenance costs and responsibilities to them as well. This is best managed under a lease arrangement which is further discussed below.

The Recommendation made in this Report provides authority to the Chief Executive Officer to negotiate agreement to some of these requests on terms satisfactory to Council, such as amended lease terms and increased rental for the additional use area and also investigate again whether Biosecurity may now have more of an appetite to purchase the former depot site subject to it being reconfigured into one lot. The buildings on the land have limited Council use and this may result in a better outcome for both Council and Biosecurity Queensland.

4. Policy and Legal Implications

Biosecurity Queensland have also proposed a licence to occupy be granted rather than a lease and that the term of the lease be amended to try and avoid the requirement to register the lease to achieve indefeasibility and secure their tenure.

The key distinction in the difference between a lease and a licence is that a lease affords the lessee an interest in the leased premises which is manifested in the right to exclusive possession.

Despite initially proposing to only use part of the main shed so that Council could continue to utilise part of the space for storage of Infrastructure Works and Services and Disaster Management equipment, over the last 6 months Biosecurity have made various requests for the removal of Council property which have been agreed such that they effectively enjoy exclusive use of the main shed and foreman’s office.

Council now only have some IWS signage and barricades stored in the external cages on the main shed so that these are available if required in the event of a flood event. This is not an area of the shed Biosecurity have ever proposed to make use of. If necessary, this equipment can be removed to one of the other buildings onsite not being used by Biosecurity Queensland or to an alternative location such as the former RSL room at the Laidley Cultural Centre.

It seems evident given the history of dealings since the original lease proposal was agreed and in view of their most recent request the subject of this Report, that Biosecurity wish to significantly intensify their use of the site beyond what was originally contemplated. Therefore

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the true nature of the arrangement is a lease as Biosecurity is being granted an interest in the land together with the rights and responsibilities of a tenant. This tenure also provides a more robust operational and enforcement regime for the benefit of both parties.

The draft lease originally provided for the driveway access and parking of vehicles outside to be the subject of a licence only. This was because it was anticipated that Council would retain the use of the rear of the site. If it is agreed that Biosecurity may now use this area for carparking, Council will have no use of it and again Biosecurity will be the only user of the former Laidley Depot site.

It is proposed to amend the draft lease so that the lease covers the entire area to be used by Biosecurity, excluding any buildings they do not propose to use unless otherwise requested, with a licence granted to Council to enable Council access to these buildings.

In relation to the lease term, Biosecurity have proposed an initial term of 3 years with two 1 year options. This would provide a total of 5 years. The reasoning behind this proposal is that Biosecurity wish to have the benefit of a secured lease term without incurring the cost for registering the lease to achieve this (indefeasibility). Their proposal demonstrates a misunderstanding of the relevant provisions of the Land Title Act 1994 which operate so that only a lease with a total term of 3 years of less (including any option periods) is not required to be registered to achieve indefeasibility.

Council could agree to reduce the total lease term to 3 years so that registration of the lease is not required. This would mean that Council would forego approximately $85,000 of lease revenue. Alternatively, Biosecurity could choose not to register the longer term lease and accept the risk that their option terms are not secure. It appears that Biosecurity wish to retain a minimum term of 5 years, which was originally indicated as necessary to enable forward planning of their fire ant treatment program and operations.

5. Financial and Resource Implications

Any amendments to the draft lease, and agreed clean up and maintenance works, can be undertaken by Council officers or contractors subject to Council’s Procurement Policy and legislative requirements.

All other financial and resource implications have been addressed elsewhere in the body of this Report.

6. Delegations/Authorisations

The Recommendation authorises the Chief Executive Officer to do all things necessary to give effect to Council’s resolution.

7. Communication and Engagement

The Chief Executive Officer, through the Legal Services and Property and the Community Facilities and Services teams, shall be responsible for engaging with Biosecurity Queensland, internal stakeholders and any other parties necessary to give effect to Council’s resolution.

Page 124 ORDINARY COUNCIL MEETING MINUTES 13 FEBRUARY 2019

8. Conclusion

The Recommendation made in this Report will enable an acceptable outcome in respect of these requests to be negotiated with Biosecurity Queensland.

9. Action/s

1. Advise Biosecurity Queensland of Council’s resolution in response to their request. 2. Undertake all necessary investigations and negotiations. 3. Perform agreed maintenance works. 4. Prepare and finalise the lease (or contract) as agreed.

Attachments 1⇩ Attachment 1 - Current Agreed Use Areas 2 Pages 2⇩ Attachment 2 - Proposed Additional Area 1 Page

Page 125 Request for Variation of Proposed Lease Terms - Lease of Attachment 1 Part of the Laidley Depot Attachment 1 - Current Agreed Use Areas

Attachment 1 10.8 Page 126

Request for Variation of Proposed Lease Terms - Lease of Attachment 1 Part of the Laidley Depot Attachment 1 - Current Agreed Use Areas

Attachment 1 10.8 Page 127

Request for Variation of Proposed Lease Terms - Lease of Attachment 2 Part of the Laidley Depot Attachment 2 - Proposed Additional Area

Attachment 2 10.8 Page 128

ORDINARY COUNCIL MEETING MINUTES 13 FEBRUARY 2019

10.9 Polices and Guideline for Adoption

Date: 06 February 2019 Author: Corrin Bischoff, Coordinator Governance and Strategy Responsible Officer: Ian Church, Chief Executive Officer

The purpose of this report is to seek adoption by Council of the following documents for inclusion in the policy and procedure/guideline register in accordance with the Local Government Act 2009:  Entertainment and Hospitality Policy  Acceptable Requests for Advice and Information Policy  Expenses Reimbursement and Provision of Facilities Guideline.

Officer’s Recommendation:

THAT Council adopt the following documents:  Entertainment and Hospitality Policy  Acceptable Requests for Advice and Information Policy  Expenses Reimbursement and Provision of Facilities Guideline.

RESOLUTION THAT Council adopt the following documents, as attached to these Minutes:  Entertainment and Hospitality Policy (Attachment 1)  Acceptable Requests for Advice and Information Policy (Attachment 2)  Expenses Reimbursement and Provision of Facilities Guideline (Attachment 3)

Moved By: Cr Wilson Seconded By: Cr Hagan Resolution Number: 16-20/1239

CARRIED 7/0

Report

1. Introduction

The documents presented with this report have been reviewed or developed in response to the amendments to the Local Government Act 2009 which were passed on the 21 May 2018.

The review and development of these policies complies with the statutory requirements and good governance principles of the Local Government Act 2009.

The report relates to Lockyer Valley Regional Council Corporate Plan (2017-2022) outcomes: 5.4 Commit to open and accountable governance to ensure community confidence and trust in council and our democratic values.

Page 129 ORDINARY COUNCIL MEETING MINUTES 13 FEBRUARY 2019

5.7 Compliant with relevant legislation.

2. Background

The current Policy Framework for Lockyer Valley Regional Council was adopted in 2012. Council is required under the Local Government Act 2009 to adopt specific policies, procedures and guidelines for the good governance of the organisation.

The amendments to the Local Government Act 2009 are intended to provide a more streamlined system for making, investigating and determining complaints about councillor conduct in Queensland.

3. Report

The following policies and guideline have been reviewed in line with the policy review schedule. The following provides a summary of each policy and the amendments made as a result of the review:

Entertainment and Hospitality Policy Further details have been included in this policy to specify the occasions when it is appropriate for Council will pay for entertainment and hospitality expenses.

Acceptable Requests for Advice and Information Policy The updated version of this document is in a policy format and outlines the process for Councillors seeking assistance from staff reflecting current practice.

Expenses Reimbursement and Provision of Facilities Guideline This document has been reviewed to:  clarify the purpose of the hospitality allowance  update the provision of administration and office facilities  seek input regarding the introduction of a travel allowance  ensure consistency between policies/procedures with regard to uniforms  seek clarification on the payment of allowances while on a leave of absence.

4. Policy and Legal Implications

Council’s policy framework has been adhered to in the development and review of the policies outlined in this report. Each policy complies with the requirements of relevant legislation. Any future policy and legal implications will be addressed as matters arise before Council.

5. Financial and Resource Implications

The content of the policies outlined in this report do not alter current budgetary requirements.

6. Delegations/Authorisations

No further delegations are required to manage the issues raised in this report. The Chief Executive Officer will manage requirements in line with existing delegations.

7. Communication and Engagement

Page 130 ORDINARY COUNCIL MEETING MINUTES 13 FEBRUARY 2019

The Councillors were engaged in the review and drafting of the documents addressed in this report at the 4 December 2018 Councillor Workshop.

The adopted documents will be provided to relevant stakeholders including Councillors, employees, and the public (via Council’s website).

8. Conclusion

The documents outlined in this report have been developed and reviewed in line with relevant legislation and Council practice and therefore are recommended for adoption by Council.

9. Action/s

The approved policies will be updated in Council’s policy and procedure register and published as appropriate on Council’s website.

Attachments 1⇩ Entertainment and Hospitality Policy 4 Pages 2⇩ Acceptable Requests for Advice and Information Policy 2 Pages 3⇩ Expenses Reimbursement and Provision of Facilities Guideline 7 Pages

Page 131 Polices and Guideline for Adoption Attachment 1 Entertainment and Hospitality Policy

Attachment 1 10.9 Page 132

Polices and Guideline for Adoption Attachment 1 Entertainment and Hospitality Policy

Attachment 1 10.9 Page 133

Polices and Guideline for Adoption Attachment 1 Entertainment and Hospitality Policy

Attachment 1 10.9 Page 134

Polices and Guideline for Adoption Attachment 1 Entertainment and Hospitality Policy

Attachment 1 10.9 Page 135

Polices and Guideline for Adoption Attachment 2 Acceptable Requests for Advice and Information Policy

Attachment 2 10.9 Page 136

Polices and Guideline for Adoption Attachment 2 Acceptable Requests for Advice and Information Policy

Attachment 2 10.9 Page 137

Polices and Guideline for Adoption Attachment 3 Expenses Reimbursement and Provision of Facilities Guideline

Attachment 3 10.9 Page 138

Polices and Guideline for Adoption Attachment 3 Expenses Reimbursement and Provision of Facilities Guideline

Attachment 3 10.9 Page 139

Polices and Guideline for Adoption Attachment 3 Expenses Reimbursement and Provision of Facilities Guideline

Attachment 3 10.9 Page 140

Polices and Guideline for Adoption Attachment 3 Expenses Reimbursement and Provision of Facilities Guideline

Attachment 3 10.9 Page 141

Polices and Guideline for Adoption Attachment 3 Expenses Reimbursement and Provision of Facilities Guideline

Attachment 3 10.9 Page 142

Polices and Guideline for Adoption Attachment 3 Expenses Reimbursement and Provision of Facilities Guideline

Attachment 3 10.9 Page 143

Polices and Guideline for Adoption Attachment 3 Expenses Reimbursement and Provision of Facilities Guideline

Attachment 3 10.9 Page 144

ORDINARY COUNCIL MEETING MINUTES 13 FEBRUARY 2019

10.10 Application for Re-Approval of a Shooting Range on Lot 2 RP212028 & Lot 3 RP210318 - Gatton Glenore Grove Rifle Club Inc.

Date: 07 February 2019 Author: Caitlan Natalier, Solicitor & Legal Services Coordinator Responsible Officer: Ian Church, Chief Executive Officer

Summary:

The purpose of this report is to consider an application by the Gatton Glenore Grove Rifle Club Inc. for re-approval of the shooting range on Lot 2 on RP212028 and Lot 3 on RP210318 and determine whether Council has any objection to the activities to be conducted on the shooting range.

Officer’s Recommendation:

THAT with respect to the proposed application for re-approval of the shooting range operated by the Gatton Glenore Grove Rifle Club Inc. on Lot 2 on RP212028 and Lot 3 on RP210318, Council authorise the Chief Executive Officer to provide written notice for the purposes of the application that Council has no objection to the application or the target shooting and weapons training activities being conducted on the range site.

RESOLUTION THAT with respect to the proposed application for re-approval of the shooting range operated by the Gatton Glenore Grove Rifle Club Inc. on Lot 2 on RP212028 and Lot 3 on RP210318, Council authorise the Chief Executive Officer to provide written notice for the purposes of the application that Council has no objection to the application.

Moved By: Cr Holstein Seconded By: Cr Hagan Resolution Number: 16-20/1240

CARRIED 7/0

Report

1. Introduction

2. Background

Page 145 ORDINARY COUNCIL MEETING MINUTES 13 FEBRUARY 2019

Since 1994 the Gatton Glenore Grove Rifle Club Inc. (Club) has operated a shooting range at 602 Woodlands Road, Woodlands.

An Aerial Map showing the location of the shooting range on Lot 2 on RP212028 and Lot 3 on RP210318 is Attachment 1 to this Report.

Under the Weapons Act 1990 (Act) the Club must obtain approval every 5 years for the operation of the shooting range. The Club contacted Council on 1 February 2019 seeking a letter of non-objection for them to conduct their activities at the range site as required to accompany their application for re-approval.

The Club’s current approval expired on 6 February 2019. They have been given a conditional approval to continue their activities pending receipt of the required letter from Council.

3. Report

The Club has now prepared an application for re-approval of the shooting range as required under Part 4, Division 5 of the Act. A copy of this application has been reviewed by Council officers.

The Club has confirmed that they only conduct long range target shooting activities with Category A and B weapons on the range. They do not conduct any weapons training activities. They are not seeking any modification of their activities.

A description of each weapons category is set out below:

Category ‘A’ weapons  Air rifle  Rimfire rifle (other than self-loading)  Single and double barrel shotgun  Miniature cannon under 120 cm in barrel length that is a black powder and muzzle loading cannon, depicting a scale model of an historical artillery piece or naval gun

Category ‘B’ weapons  Muzzle-loading firearm  Single, double and repeating centre fire rifle  Break action shotgun and rifle combination.

As the application is for re-approval to continue the current activities on the range for the next 5 years without modification, the recommendation made in this report is to offer no objection to the application or the activities being conducted so that a new approval can be issued to the Club.

4. Policy and Legal Implications

Section 101 of the Weapons Act 1990 provides that a range approval may be granted if:

(a) the range will be used for – (i) conducting an approved training course; or

Page 146 ORDINARY COUNCIL MEETING MINUTES 13 FEBRUARY 2019

(ii) the sport of target shooting; and

(b) the location, construction and equipment of the range is appropriate having regard to the need to protect persons from death or injury and property from unlawful destruction or damage; and

For the application to comply with Section 99 of the Act, Item 11 of the approved application form requires written non-objection to the activities being conducted from Council to be provided in support of the application.

5. Financial and Resource Implications

No financial or resource implications for Council are anticipated.

6. Delegations/Authorisations

The recommendation authorises the Chief Executive Officer to provide written notice of Council’s resolution to the Club as required.

7. Communication and Engagement

The Chief Executive Officer, through the Legal Services and Property team, will be responsible for advising the Club of Council’s resolution.

8. Conclusion

If the recommendation in this report is accepted, the Club will be in a position to lodge their application with the Queensland Police Service and obtain approval to continue their activities on the shooting range without disruption.

9. Action/s

1. Notify the Club in writing of Council’s resolution.

Attachments 1⇩ Attachment 1 - Aerial Map 1 Page

Page 147 Application for Re-Approval of a Shooting Range on Lot 2 Attachment 1 RP212028 & Lot 3 RP210318 - Gatton Glenore Grove Rifle Attachment 1 - Aerial Map Club Inc.

Attachment 1 10.10 Page 148

ORDINARY COUNCIL MEETING MINUTES 13 FEBRUARY 2019

11.0 ORGANISATIONAL DEVELOPMENT AND PLANNING SERVICES REPORTS

11.1 Executive Manager Organisational Development and Planning Monthly Report

Date: 04 February 2019 Author: Dan McPherson, Executive Manager Organisational Development & Planning Services Responsible Officer: Dan McPherson, Executive Manager Organisational Development & Planning Services

Summary:

This report is to update council on key issues currently being actioned within the Organisational Development and Planning group.

Officer’s Recommendation: THAT Council receive and note the Executive Manager Organisational Development and Planning Monthly Report for January 2019.

RESOLUTION THAT Council receive and note the Executive Manager Organisational Development and Planning Services Monthly Report for January 2019.

Moved By: Cr Vela Seconded By: Cr McLean Resolution Number: 16-20/1241

CARRIED 7/0

Report

1. Introduction

This report provides an update on key matters arising and being addressed since the last report.

2. Background

The previous reports provide the background information to date and only progress is being reported during January 2019.

Page 149 ORDINARY COUNCIL MEETING MINUTES 13 FEBRUARY 2019

3. Report

ORGANISATIONAL DEVELOPMENT

Workforce Council’s established FTE number for January 2019 is 322.5596.

Learning & Development Training held since the last report:  ACDC  First Aid Training  CPR Refresher Training

Work Health & Safety WHS has developed a new reporting style for updating Council on injuries, asset incidents and environmental incidents. Refer to the attached statistics for the month of January 2019. In future, WHS will report on Lost Time Injury (LTI) and LTI days quarterly.

SPORT, RECREATION AND COMMUNITY GRANTS

Council’s Sports, Recreation and Community Grants Officer has provided assistance on a number of successful external grant application which have been announced since December 2018, these being –

 Cahill Park Sports Complex (SportAUS – Community Sport Infrastructure Fund) Grant amount $312,918 – Led lights upgrade project at the rugby league fields – This project will deliver the first location in the Lockyer Valley to meet Australian Standards for Cricket as well as meeting the requirement for Rugby League, Touch Football and AFL. This project has a total cost value of $407,918 of which council has contributed $20,000 towards.  Cahill Park Sports Complex (Get in the Game – Get Playing Places and Spaces) Grant amount $132,442 – Led lights upgrade project at the netball courts – This project will allow for the club to hold their night games at the Cahill Park Sports Complex instead of the Lockyer Sports and Aquatic Centre which will save the club up to $400 per week in hire fees which the club will be saving to put towards the upgrade of the grass netball courts. The total project costs are $134,000 of which no contribution from council was needed.  Cahill Park Sports Complex (Community Benefit Gambling Fund) Grant amount $34,950 – Mower upgrade – This is a needed requirement for Cahill Park to continue to provide a high standard facility for all the users of the facility  Gatton Fordsdale Cricket Club (Community Benefit Gambling Fund) Grant amount $35,000 – Upgrade of facility – This project is needed to replace the number 1 turf wicket as currently there is too much salt in the turf and the grass is not growing and becoming an unsafe cricket wicket.  Laidley Soccer Club (Community Benefit Gambling Fund) Grant amount $20,433.50 – Upgrade field and purchase equipment – This project will allow for the club to purchase new soccer goals as well as undertake some field maintenance issues.

Grants totalling $535,743.50 at a cost of $20,000 to Lockyer Valley Regional Council.

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PLANNING & DEVELOPMENT

Development Assessment

Council’s new Manager Planning and Development commenced in the position on 22 January 2019.

Refer to the attached table and graphs indicating all development applications, decisions and requests as at 31 January 2019.

Regional and Strategic Planning A Councillor workshop is being held on 12 February 2019 to finalise all outstanding matters for the draft Planning Scheme.

ENVIRONMENTAL PLANNING

Project Updates

Biosecurity Plan The Engagement Strategy for preparation of the Biosecurity Plan with input from the community is being prepared.

Community Environmental Grants Preparation for the next round of Community Environmental Grants began in January and opened in February 2019.

LVRC Planning Scheme The new draft waterways layer is still under review with minor alterations to the code and overlay underway to ensure the constraints.

Natural Resource Management Plan A draft project plan is being drafted and is continuing in line with development of the Planning Scheme to ensure alignment.

Resilient Rivers initiative

Lockyer Creek Sediment Stabilisation: Contractors have been engaged to provide site preparation, revegetation, maintenance and monitoring at the two pilot revegetation sites on the Lockyer Creek around Gatton. Site preparation works for one of the pilot sites is scheduled to commence in February pending weather. The Community Tree Planting Day at Cahill Park is scheduled on 24 March. Council officers recommended to leave the concrete in situ within the revegetation area of Lockyer Creek at Beavan Street. This recommendation was supported by a risk assessment which will be taken to a Councillor workshop on 5 February.

Council is working in conjunction with Seqwater who have funded a project to assess the creek bank erosion and design rehabilitation options for two sites adjacent to bridges within the Lockyer Creek revegetation zone around Gatton. Contractors have been engaged and conducted their start up on site meeting on 31 January. The project is expected to be completed by June 2019.

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Tenthill Catchment Community Resilience: Council officers are undertaking ongoing engagement with landholders, DTMR, Seqwater and DNRME regarding building resilience opportunities.

Officers have commenced organisation of Property Management Planning to support landholders.

As an extension of the previous work conducted in Tenthill Creek, contractors have been engaged to continue mapping revegetation options for Blackfellow and Black Duck Creeks. This information will help to prioritise revegetation works within the Tenthill catchment.

Council’s new Catchment Project Officer will commence on 11 February 2019.

Drought Funding Application Funding application was submitted for a weed control project and is awaiting final decision.

DNRME TraNsfoRM! Innovation Funding Application Funding application is being prepared for a catchment project is due on 12 February 2019.

Program Updates

Land for Wildlife Council’s Environment Officer conducted a Biodiversity Property Planning day with members of the Lockyer Upper Catchment Inc.

Preparations are underway for LFW activities for the first half of 2019.

Pest Weed Requests for assistance to identify pest weeds have slowed for the month of January with seven property pest management plans completed and subsidised herbicide vouchers issued. Pest Officers assisted Biosecurity Qld with a survey of restricted matter weeds not currently present in the Lockyer Valley. Surveys for restricted matter weeds were performed on six State-controlled roads and three local roads with spraying occurring in five instances.

Pest Animal Council’s Pest Management Team is currently preparing for the next round of the 1080 controlled baiting program. There are 29 requests to participate in the program.

Community Activities Landholders took the opportunity to utilise spray equipment for an extended period over the Christmas break and into the new year. Equipment was loaned out on nine occasions.

Flying Fox Roost Management Vegetation works at Laidley flying fox roost have been postponed due to drought conditions. Weather conditions have not resulted in any mass mortalities of flying foxes so far this summer.

Statistics

Mayor / Councillor Requests

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There are currently four Councillor requests being addressed by the Environment and Pest Management Team.

Customer Requests 74 customer requests have been received by Environment and Pest during January with two requests attained through Elected Members. There are currently 109 customer requests active and 50 requests completed for the month. Customer requests are high due to the number of controlled baiting program requests.

PLUMBING AND BUILDING SERVICES

Council’s Building Certifiers attended the SEQ Building and Development Forum on 18 January. This is a relatively new forum which provides a great platform for council’s in the South East Queensland to discuss issues that arise in each council area. The forum is also attended by LGAQ and QBCC who intervene where appropriate to assist council’s or lobby on council’s behalf with DH&PW and other State Government bodies. Attendance for the event was around 30 with a number of hot topics discussed including; awnings over public spaces and swimming pool barrier compliance. This forum is also a chance for LVRC to have a say in potential future legislation (such as around compliance action council’s may be required to take in the future on awnings over public spaces) and to inform the legislation to suit not just the big council’s but regional council’s like LVRC. The forum is held quarterly with LVRC to host the next forum in April.

Refer to the attached table and graphs indicating statistics for the month of January 2019.

Attachments 1⇩ WHS Statistics January 2019 1 Page 2⇩ Development Applications Graphs - January 2019 2 Pages 3⇩ Development Applications Monthly Summary - January 2019 2 Pages 4⇩ Plumbing and Building Statistics January 2019 4 Pages

Page 153 Executive Manager Organisational Development and Attachment 1 Planning Monthly Report WHS Statistics January 2019

Attachment 1 11.1 Page 154

Executive Manager Organisational Development and Attachment 2 Planning Monthly Report Development Applications Graphs - January 2019

Attachment 2 11.1 Page 155

Executive Manager Organisational Development and Attachment 2 Planning Monthly Report Development Applications Graphs - January 2019

Attachment 2 11.1 Page 156

Executive Manager Organisational Development and Attachment 3 Planning Monthly Report Development Applications Monthly Summary - January 2019

Attachment 3 11.1 Page 157

Executive Manager Organisational Development and Attachment 3 Planning Monthly Report Development Applications Monthly Summary - January 2019

Attachment 3 11.1 Page 158

Executive Manager Organisational Development and Attachment 4 Planning Monthly Report Plumbing and Building Statistics January 2019

Attachment 4 11.1 Page 159

Executive Manager Organisational Development and Attachment 4 Planning Monthly Report Plumbing and Building Statistics January 2019

Attachment 4 11.1 Page 160

Executive Manager Organisational Development and Attachment 4 Planning Monthly Report Plumbing and Building Statistics January 2019

Attachment 4 11.1 Page 161

Executive Manager Organisational Development and Attachment 4 Planning Monthly Report Plumbing and Building Statistics January 2019

Attachment 4 11.1 Page 162

ORDINARY COUNCIL MEETING MINUTES 13 FEBRUARY 2019

11.2 Application for Development Permit for Material Change of Use for Indoor Entertainment (Place of Worship ) and Reconfiguring of a Lot for Subdivision (1 lot into 2 lots) on L1 RP172847 at 372 Smithfield Road, Gatton

Date: 20 December 2018 Author: Tanya O'Brien, Planning Officer Responsible Officer: Dan McPherson, Executive Manager Organisational Development & Planning Services

Summary:

The purpose of this report is to consider an application for a Material Change of Use for an Indoor Entertainment (Place of Worship) and Reconfiguration of a Lot (1 lot into 2 lots) on 1 RP172847 at 372 Smithfield Road, Gatton.

The application has been assessed in accordance with the requirements of the Planning Act 2016 and it is recommended that the proposal be approved in accordance with the Officer’s Recommendation.

Officer’s Recommendation:

THAT the application (MC2018/0037 & RL2018/0018) for a Development Permit for Material Change of Use for Indoor Entertainment (Place of Worship) and Reconfiguring a Lot for subdivision (1 lot into 2 lots) on Lot 1 RP172847 at 372 Smithfield Road, Gatton be approved subject to the following conditions and approved plans:

The following plans are Approved plans for the development

Approved Plans

Plan No. Rev. Plan Name Date 1786SK-01 H Overall Site Plan 10.01.2019 1786SK-02 G Site Plan 8.10.2018 1786CP-01 A Carparking Site Plan 8.10.2018 1786SK-03 D Floor Plan 5.6.2018 1786SK-04 D South and East Elevation Plan 5.6.2018 1786SK-05 D North and West Elevation Plan 5.6.2018 LD-1076-01 D Overall Layout Plan as amended in red by Council 18.01.2019

The following documents are referenced in the assessment manager conditions:

Referenced Documents

Document No. Rev. Document Name Date C4167 A Site Based Stormwater Management Plan 17.09.2018 2.0 Noise Impact Assessment Report - Addendum 9.1.2019

No Condition Timing Page 163 ORDINARY COUNCIL MEETING MINUTES 13 FEBRUARY 2019

. GENERAL 1. Undertake the development generally in accordance with the approved plans. Prior to These plans will form part of the approval, unless otherwise amended by conditions commencemen of this approval. t of use and at all times. 2. Maintain the approved development in accordance with the approved drawing(s) At all times and/or document, and any relevant Council or other approval required by conditions. 3. Pay Infrastructure Charges for the proposed development in accordance with the Prior to LVRC Adopted Infrastructure Charges Resolution at the time. commencement of use 4. The development is to occur in accordance with the Concurrence Agency Prior to Response from the State Assessment and Referral Agency dated 13 August 2018 commencement (Ref No. 1807 – 6145 SRA). of use and at all times. 5. The development is to occur in accordance with Advice Agency Response from Prior to Energex dated 29 January 2019 (Ref No. HBD6230051). commencement of use and at all times. Material Change of Use for Indoor Entertainment (Place of Worship) Signage 6. Operational Works application is required for any proposed Advertising Prior to the Devices in accordance with the Gatton Shire Planning Scheme 2007. erection of any signage Public Utilities 7. The development must be connected to relevant electricity and Prior to the telecommunication service and the developer must provide the necessary commencement infrastructure to support the development and connect to the networks. of use Water and Wastewater 8. Provide at least 45kl of potable water supply on site. Prior to the commencement of use and at all times 9. Plumbing approval must be obtained prior to plumbing, drainage or on site Prior to any sewerage being installed. plumbing and drainage works being undertaken on site Bushfire 10. A minimum 10,000L of water storage solely for fire fighting purposes must Prior to the be available on site. commencement of use and at all times Alternations and/or relocations 11. Replace existing Council infrastructure (including but not limited to any At all times. street trees and footpaths) to a standard which is consistent with Council’s standards should this infrastructure be damaged as part of construction works. 12. Any alteration or relocation in connection with or arising from the At all times. development to any service, installation, plant, equipment or other item belonging to or under the control of the telecommunications authority,

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electricity authority or Council or other person engaged in the provision of public utility services is to be carried out with the development and at no cost to Council. Requirements for Operational Works applications 13. Submit and obtain approval for a development application for Operational Prior to the Works for the Internal and External Roadworks, Stormwater Drainage and commencement Carparking. The application must include as a minimum the following: of construction a. Development application form/s; b. Application fees (design checking as well as inspection) in accordance with Council’s Fees and Charges schedule; c. Detailed design drawings addressing the requirements of this development approval (Carparking) that have been approved and signed by a current Registered Professional Engineer Queensland (RPEQ) with their name and registration number; d. Roadworks drawings must detail existing infrastructure, proposed new infrastructure as well as any rectification/tie in works; e. Stormwater drainage design must include (but not limited to): i. Location and details, including hydraulic design, of all proposed drainage; ii. Stormwater catchment plan/s; iii. Stormwater calculation table/s; iv. Details of any diversion banks or drains. f. Erosion and sediment control measures in accordance with “Best Practice Erosion and Sediment Control” published by the International Erosion Control Association (Australia) for both the construction (including vegetation clearing) and operational (maintenance) phases of the development. Due consideration must be given to dispersive soil types within this region. g. Engineering Certification by the RPEQ that the design complies with the conditions of this approval as well as relevant engineering standards and best practice. 14. Engage a suitably experienced Registered Professional Engineer In conjunction Queensland (RPEQ) to prepare and submit engineering Certification that with the includes the following: development a. the development application number, type of works, location, permit for name/stage(s) of development (where applicable); operational works. b. date of certification; c. name of certifying individual, the name of engineering consultancy that the certifying individual works for, and the name of developer; d. a full schedule of the latest set of detailed design drawings; e. state applicable Planning Scheme that design is compliant with, including the relevant Codes/Schedules/Specifications; f. state applicable design standards/guides that it has been designed and checked to be compliant with; g. state that appropriate procedures for supervising, inspecting and testing are in place to deliver the infrastructure to assure the quality of works; and h. state that the certifying individual will ensure that the procedures are followed during the construction of the works 15. Design and construct a sealed basic right turn treatment (BAR) on the In conjunction with the

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southern side of Smithfield Road to facilitate right turn movements into the development property. The design shall be undertaken by a suitably experienced permit for Registered Professional Engineer Queensland (RPEQ) and be in operational accordance with Type BAR Guide to Road Design Part 4A: Unsignalised works. and Signalised Intersections (Austroads, 2017). The works must include signage and linemarking. Carparking and Manoeuvring Areas 16. Provide a minimum of thirty-six (36) car parking spaces and one (1) bus Prior to the issue bay, including two (2) for people with disabilities, generally in accordance of a with the approved Carparking Site Plan. The car parking and manoeuvring development areas must facilitate the largest anticipated design vehicle to enter and exit permit for the site in a forward gear and make provision for parking and manoeuvring operational works. of a bus in accordance with Drawing 1786-CP01A and the relevant Australian Standards. 17. Construct the car park and manoeuvring areas in accordance with the Prior to the development permit for operational works. commencement of use. 18. All driveways and manoeuvring areas must be imperviously sealed and line Prior to the marked commencement of use, and to be maintained thereafter. 19. All car park access, parking and manoeuvring areas must be imperviously Prior to the issue sealed and designed in accordance with AS/NZS2890.1 Parking facilities of a Part 1: Off-street car parking and AS/NZS2890.6 Parking facilities Part 6: development Off-street parking for people with disabilities and AS2890.2 Parking facilities permit for Part 2: Off-street commercial vehicle facilities to facilitate the safe and operational works. efficient movement of the largest anticipated design vehicle to and from the site in a forward gear. 20. Signage and linemarking must be provided in accordance with AS1742 Prior to the Manual of Uniform Traffic Control Devices and the Department of Transport commencement and Main Roads’ Manual of Uniform Traffic Control Devices. of use, and to be maintained thereafter. Outdoor Lighting 21. Outdoor lighting shall be: Prior to the (i) designed in accordance with AS4282 Control of the Obtrusive Effects commencemen of Outdoor Lighting; and t of use and (ii) installed and operated to ensure there is no spillage of light upwards then to be or to adjoining residential properties. maintained.

Acoustic Report 22. Acoustic treatments shall be incorporated into the design and construction Prior to the of the development, including the car park. This will include rated acoustic commencemen systems for doors, windows, walls and ceilings to comply with the Acoustic t of use and Quality Objectives of the Environmental Protection (Noise) Policy 2008 then to be including: maintained. Measured at the receptor LAeq,adj, 1hr LA10,adj, 1hr LA1,adj, 1hr For dwellings 50 55 65 (outdoors) 7am-

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10pm For dwellings 35 40 45 (indoors) 7am- 10pm After 10pm 30 35 40

23. Any fixed plant and equipment that causes sound (eg. Noise from effluent Prior to the disposal system and air-conditioning equipment) must be enclosed and commencemen positioned to ensure the sound pressure level does not exceed on any day: t of use and (a) 3 dBA above background level, before 7 am; then to be (b) 5 dBA above background level between 7am and 10 pm; or maintained. (c) 3 dBA above background level, after 10 pm. 24. The use of the building must not occur as an indoor entertainment on any Prior to the day: commencemen (a) Before 7 am, if it makes an audible noise, or t of use and (b) Between 7am and 10 pm, if it makes a noise of greater than 5 dBA then to be above background level, or maintained. (c) Between 10 pm and midnight if the use makes a noise greater than 3 dBA above background level. Landscaping 25. Landscaping shall be provided throughout the development in accordance Prior to the with the requirements of the Landscaping Code and Planning Scheme commencemen Policy No.11 contained in the Gatton Shire Planning Scheme 2007 and as t of the use and approved by Council as operational works. The species of plants proposed submitted as must be appropriate for the climate. part of an Operational Works application. 26. A landscape buffer is to be provided along the eastern boundary of As part of an proposed Lot 1 to effectively buffer from view of the neighbouring property. Operational The buffer, at a minimum, must extend from the northern point of the place Works of worship building to the southernmost point of the car park. The buffer is application. to have a maximum height of five (5) metres and contain three tiers of vegetation. 27. An operational works approval shall be obtained for the landscaping works To be met prior prior to the commencement of any landscaping works and the works shall to and during the be provided in accordance with the development permit for operational construction of works. the works 28. All landscaping provided in accordance with the operational works approval At all times shall be maintained while the development continues to operate under this development permit. Environmental Health 29. Hours of construction must not exceed Monday to Saturday 6:30am to At all times 6:30pm. Construction work must not be conducted from or on the premises outside the above hours or on Sundays or public holidays 30. Noise generated from building works, are limited to the requirements set out At all times in the Environmental Protection Act 1994, Chapter 8, Part 3B, Division 3, Section 440R. a) A person must not carry out building work in a way that makes an audible noise:- (i) on a business day or Saturday, before 6.30a.m. or after 6.30p.m;

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or (ii) on any other day, at any time. b) (i)All plant and equipment does not result in a level greater than LA90 39 dB(A) when measured at 4 m from the most exposed façade of the nearest residential uses; and (ii)The contribution from all varying noise sources associated with the development during night-time hours (10pm-7am) does not exceed a level of LAMAX 50dB(A), adjusted for tonality and impulsiveness, when measured at 4 m from the most exposed façade of the nearest residential uses; and (iii)All mechanical plant and equipment, including but not limited to, air conditioning/refrigeration plant and ventilation exhausts/extracts shall be screened/shielded where a noise complaint is determined. 31. The land owner must comply with Environmental Protection (Air) Policy 2008 At all times during construction of added facilities and during operation of normal activities including: a. Suppression of airborne particles including dust so that the qualities of the air environment that are conducive to; health and biodiversity of ecosystems, human health and wellbeing, protecting the aesthetics of the environment, including the appearance of buildings, structures and other property, and to protecting the agricultural use of the environment 32. The land owner must comply with Environmental Protection (Water) Policy At all times 2009 during construction of added facilities and during operation of normal activities including: a) Contaminated water must not be released to stormwater. b) Sediment controls must be installed where necessary to prevent the release. 33. Provision of suitable waste removal services and suitable number and type of At all times waste containers, in accordance with the Environmental Protection Regulation 2008. and to the satisfaction of Council’s Waste Reduction and Recycling Plan, for the storage of: • papers, plastics, cardboard, food scraps, used food containers and like wastes generated by workers on the site; and • building construction and/or demolition wastes. 34. All construction waste collected/stored on site during construction shall be At all times taken to an approved Waste Disposal Facility for disposal in accordance with current acceptance criteria and relevant fees and charges.

Note: In Lockyer Valley Regional Council local government area Gatton Landfill and Laidley Transfer Station are approved to accept building construction and demolition waste. 35. Under section 319 of the Environmental Protection Act 1994, a person must At all times not carry out any activity that causes, or is likely to cause, environmental harm unless the person takes all reasonable and practicable measures to prevent or minimise the harm (the general environmental duty). 36. All ‘Regulated Devices’, ‘Pumps’, ‘Air-conditioning equipment’ and At all times ‘Refrigeration equipment’ as defined by the Environmental Protection Act 1994 must be designed, installed, operated and maintained in order to comply with the noise standards as specified within the Environmental

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Protection Act 1994 and Environmental Protection (Noise) Policy 2008. 37. The provision of security and flood lighting shall be designed, constructed, At all times located and maintained in accordance with Australian Standard 4282 – 1997 (Control of the obtrusive effects of outdoor lighting) and so as not to cause nuisance to the occupants of nearby properties or passing traffic. 38. All municipal waste is to be disposed of off-site at an approved facility. No At all times disposal is permitted onsite by burial, incineration or composting 39. There shall be provided a suitable number and type of commercial waste At all times container/s collected not less than once per week OR other such suitable number and type of waste containers as may be approved by Council. 40. All things, materials, disused equipment at the premises shall be stored in a At all times way that does not: a) Afford or form a potential shelter or harbourage or attraction for vermin; b) Hold water which may allow the breeding or harbourage of mosquitos; and c) Seriously detract from the visual amenity of the land by causing visual pollution Building Works 41. Development Approval for Building Work is required prior to the Prior to any commencement of any building work and a Certificate of Classification (final building works certificate) must be issued prior to the occupation/use of any new buildings or occurring on site structures Reconfiguring of a Lot for Subdivision (1 lot into 2 lots) 42. Undertake the development generally in accordance with the approved plan. Prior to This plan will form part of the approval unless otherwise amended by lodgement of a conditions of this approval. request for sealing of survey plan of subdivision. 43. Maintain the approved development in accordance with the approved At all times drawing(s) and any relevant Council or other approval as required by conditions. 44. Provide certification from a Licensed Surveyor that the lots created accord Prior to with the approved plan. lodgement of a request for sealing of survey plan of subdivision. 45. Pay all outstanding rates and charges applicable to the subject land. Prior to lodgement of a request for sealing of survey plan of subdivision. Alterations and/or Relocations 46. Any alteration or relocation in connection with or arising from the At all times development to any service, installation, plant, equipment or other item belonging to or under the control of the telecommunications authority, electricity authority or Council or other person engaged in the provision of public utility services is to be carried out with the development and at no

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cost to Council. 47. All works, services, facilities and/or public utility alterations required by this At all times approval or stated condition/s whether carried out by Council or otherwise, shall be at no cost to Council unless otherwise specified in subsequent development approvals. 48. Replace existing Council infrastructure (including but not limited to any At all times street trees and footpaths) to a standard which is consistent with Council’s standards should this infrastructure be damaged as part of construction works. Infrastructure Charges 49. The developer shall pay infrastructure charges in accordance with the Prior to Lockyer Valley Regional Council Adopted Infrastructure Charges lodgement of a Resolution. The actual amount of the contribution will be calculated at the request for time of payment. sealing of survey plan of subdivision. Electricity 50. Provide evidence (e.g. Certificate of Supply to Subdividers with agreement Prior to Number of Certificate of Supply) demonstrating that an electricity supply has lodgement of a or will be provided to each proposed lot. request for sealing of survey plan of subdivision. 51. Submit certification from a Licensed Surveyor or suitably qualified person Prior to that: lodgement of a a. any electricity supply connection to an existing building or a private request for property pole is wholly contained in the lot it serves; and sealing of b. any electricity connections and infrastructure made redundant by the survey plan of development is removed with the land reinstated. subdivision. Telecommunications 52. Provide a ‘Telecommunications Infrastructure Provisioning Confirmation’ or Prior to a ‘Telecommunications Network Infrastructure Notification’ letter from a lodgement of a telecommunications carrier licensed under the Telecommunications Act request for 1997 (e.g. Telstra) confirming that the telecommunications carrier has been sealing of engaged to install telecommunications infrastructure to the proposed survey plan of subdivision. subdivision. Water and Wastewater 53. Submit certification from a Licensed Surveyor or suitably qualified person Prior to that: lodgement of a a. Any water supply or wastewater infrastructure to an existing building, request for including effluent disposal area, is wholly contained within the lot it sealing of serves; and survey plan of b. Any water supply or wastewater infrastructure made redundant by the subdivision. development is removed with the land reinstated. 54. Each proposed lot is to have an adequate water supply having a minimum Prior to storage capacity of 22500L lodgement of a request for sealing of survey plan of subdivision.

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Access, Driveway & Roadworks 55. Undertake works to the (existing) driveway of proposed Lot 1 as follows: Prior to a. Construct a new driveway crossover in accordance with the Institute of lodgement of a Public Works Australasia’s standard drawing RS-051 Driveways/Heavy request for Duty Vehicle Crossing; sealing of b. Amend internal driveway to access via the new driveway crossover as survey plan of required by (a) above, ensuring that the new driveway complies with subdivision. the following: i. Minimum 6.0m constructed width; ii. Designed and constructed to suite nominal traffic loading of 15 x 103 equivalent standard axles (ESAs); and iii. Imperviously sealed with either primer and two (2) coat bitumen or asphalt. Requirements for Operational Works Applications 56. Prior to the commencement of works, submit and obtain approval for a Prior to development application for Operational Works for Driveway, Driveway lodgement of a Crossover and Roadworks. The application must include as a minimum the request for following: sealing of a. Development application form/s; survey plan of b. Application fees (design checking as well as inspection) in accordance subdivision. with Council’s Fees and Charges schedule; c. Detailed design drawings addressing the requirements of this development approval (Driveway, Driveway Crossover and Roadworks) that have been approved and signed by a current Registered Professional Engineer Queensland (RPEQ) with their name and registration number; d. Roadworks drawings must detail existing infrastructure, proposed new infrastructure as well as any rectification/tie in works; e. Stormwater drainage design must include (but not limited to): i. Location and details, including hydraulic design, of all proposed drainage; ii. Stormwater catchment plan/s; iii. Stormwater calculation table/s; iv. Details of any diversion banks or drains. f. Erosion and sediment control measures in accordance with “Best Practice Erosion and Sediment Control” published by the International Erosion Control Association (Australia) for both the construction (including vegetation clearing) and operational (maintenance) phases of the development. Due consideration must be given to dispersive soil types within this region. g. Engineering Certification by the RPEQ that the design complies with the conditions of this approval as well as relevant engineering standards and best practice 57. Engage a suitably experienced Registered Professional Engineer Prior to Queensland (RPEQ) to prepare and submit engineering Certification that lodgement of a includes the following: request for a. the development application number, type of works, location, sealing of name/stage(s) of development (where applicable); survey plan of b. date of certification; subdivision. c. name of certifying individual, the name of engineering consultancy that the certifying individual works for, and the name of developer; Page 171 ORDINARY COUNCIL MEETING MINUTES 13 FEBRUARY 2019

d. a full schedule of the latest set of detailed design drawings; e. state applicable Planning Scheme that design is compliant with, including the relevant Codes/Schedules/Specifications; f. state applicable design standards/guides that it has been designed and checked to be compliant with; g. state that appropriate procedures for supervising, inspecting and testing are in place to deliver the infrastructure to assure the quality of works; and h. state that the certifying individual will ensure that the procedures are followed during the construction of the works. Existing Buildings 58. Provide certification from a Licensed Surveyor to confirm all existing Prior to buildings or structures comply with the requirements of the Queensland lodgement of a Development Code MP1.2. request for sealing of survey plan of subdivision.

ADVICE ADVICE – ACCESS FOR PEOPLE WITH DISABILITIES 1. The Anti-Discrimination Act 1991 (Qld), the Disability Discrimination Act 1992 At all times (Comm), Australian Standard AS1428 Parts 1-4 Australian Standard for following the Access and Mobility and the National Construction Code require provision commencement must be made for equitable access for persons with disabilities to and within of use. the site. ADVICE – HOURS OF CONSTRUCTION NOISE 2. A Builder (including Owner Builder) or Building Contractor must not carry out During building work on a building site in a way that makes or causes audible noise construction. to be made from the building work in accordance with the Environmental Protection Act 1994: (i) on a business day or Saturday, before 6:30am or after 6:30pm; or (ii) on any other day, at any time. ADVICE – CONSTRUCTION WASTE MANAGEMENT & STORAGE 3. Waste generated during demolition, excavation and construction shall: During (i) be managed in accordance with the waste management hierarchy as construction. detailed in the Waste Reduction and Recycling Act 2011 and Council’s Waste Reduction and Recycling Plan; and (ii) be stored on-site and disposed of in accordance with the Environmental Protection Regulation 2008. 4. Any additions or modifications to the approved use (not covered in this On going approval) may be subject to further application for development approval. 5. Biosecurity Queensland should be notified on 13 25 23 of proposed At all times development(s) occurring in the Fire Ant Restricted Area before earthworks commence. It should be noted that works involving movements of soil associated with earthworks may be subject to movement controls and failure to obtain necessary approvals from Biosecurity Queensland is an offence.

It is a legal obligation to report any sighting or suspicion of fire ants within 24 hours to Biosecurity Queensland on 13 25 23.

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RESOLUTION THAT the application (MC2018/0037 & RL2018/0018) for a Development Permit for Material Change of Use for Indoor Entertainment (Place of Worship) and Reconfiguring a Lot for subdivision (1 lot into 2 lots) on Lot 1 RP172847 at 372 Smithfield Road, Gatton be approved subject to the following conditions and approved plans:

The following plans are Approved plans for the development

Approved Plans

Plan No. Rev. Plan Name Date 1786SK- H Overall Site Plan 10.01.2019 01 1786SK- G Site Plan 8.10.2018 02 1786CP- A Carparking Site Plan 8.10.2018 01 1786SK- D Floor Plan 5.6.2018 03 1786SK- D South and East Elevation Plan 5.6.2018 04 1786SK- D North and West Elevation Plan 5.6.2018 05 LD-1076- D Overall Layout Plan as amended in red by Council 18.01.2019 01

The following documents are referenced in the assessment manager conditions:

Referenced Documents

Document No. Rev. Document Name Date C4167 A Site Based Stormwater Management Plan 17.09.2018 2.0 Noise Impact Assessment Report - 9.1.2019 Addendum

No Condition Timing . GENERAL 1. Undertake the development generally in accordance with the Prior to approved plans. These plans will form part of the approval, commenceme unless otherwise amended by conditions of this approval. nt of use and at all times. 2. Maintain the approved development in accordance with the At all times approved drawing(s) and/or document, and any relevant

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Council or other approval required by conditions. 3. Pay Infrastructure Charges for the proposed development in Prior to accordance with the LVRC Adopted Infrastructure Charges commenceme Resolution at the time. nt of use 4. The development is to occur in accordance with the Prior to Concurrence Agency Response from the State Assessment commenceme and Referral Agency dated 13 August 2018 (Ref No. 1807 – nt of use and 6145 SRA). at all times. 5. The development is to occur in accordance with Advice Prior to Agency Response from Energex dated 29 January 2019 (Ref commenceme No. HBD6230051). nt of use and at all times. Material Change of Use for Indoor Entertainment (Place of Worship) Signage 6. Operational Works application is required for any proposed Prior to the Advertising Devices in accordance with the Gatton Shire erection of any Planning Scheme 2007. signage Public Utilities 7. The development must be connected to relevant electricity and Prior to the telecommunication service and the developer must provide commenceme the necessary infrastructure to support the development and nt of use connect to the networks. Water and Wastewater 8. Provide at least 45kl of potable water supply on site. Prior to the commenceme nt of use and at all times 9. Plumbing approval must be obtained prior to plumbing, Prior to any drainage or on site sewerage being installed. plumbing and drainage works being undertaken on site Bushfire 10. A minimum 10,000L of water storage solely for fire fighting Prior to the purposes must be available on site. commenceme nt of use and at all times Alternations and/or relocations 11. Replace existing Council infrastructure (including but not At all times. limited to any street trees and footpaths) to a standard which is consistent with Council’s standards should this infrastructure be damaged as part of construction works. 12. Any alteration or relocation in connection with or arising from At all times. the development to any service, installation, plant, equipment or other item belonging to or under the control of the

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telecommunications authority, electricity authority or Council or other person engaged in the provision of public utility services is to be carried out with the development and at no cost to Council. Requirements for Operational Works applications 13. Submit and obtain approval for a development application for Prior to the Operational Works for the Internal and External Roadworks, commenceme Stormwater Drainage and Carparking. The application must nt of include as a minimum the following: construction a. Development application form/s; b. Application fees (design checking as well as inspection) in accordance with Council’s Fees and Charges schedule; c. Detailed design drawings addressing the requirements of this development approval (Carparking) that have been approved and signed by a current Registered Professional Engineer Queensland (RPEQ) with their name and registration number; d. Roadworks drawings must detail existing infrastructure, proposed new infrastructure as well as any rectification/tie in works; e. Stormwater drainage design must include (but not limited to): i. Location and details, including hydraulic design, of all proposed drainage; ii. Stormwater catchment plan/s; iii. Stormwater calculation table/s; iv. Details of any diversion banks or drains. f. Erosion and sediment control measures in accordance with “Best Practice Erosion and Sediment Control” published by the International Erosion Control Association (Australia) for both the construction (including vegetation clearing) and operational (maintenance) phases of the development. Due consideration must be given to dispersive soil types within this region. g. Engineering Certification by the RPEQ that the design complies with the conditions of this approval as well as relevant engineering standards and best practice. 14. Engage a suitably experienced Registered Professional In conjunction Engineer Queensland (RPEQ) to prepare and submit with the engineering Certification that includes the following: development a. the development application number, type of works, permit for location, name/stage(s) of development (where operational applicable); works. b. date of certification;

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c. name of certifying individual, the name of engineering consultancy that the certifying individual works for, and the name of developer; d. a full schedule of the latest set of detailed design drawings; e. state applicable Planning Scheme that design is compliant with, including the relevant Codes/Schedules/Specifications; f. state applicable design standards/guides that it has been designed and checked to be compliant with; g. state that appropriate procedures for supervising, inspecting and testing are in place to deliver the infrastructure to assure the quality of works; and h. state that the certifying individual will ensure that the procedures are followed during the construction of the works 15. Design and construct a sealed basic right turn treatment (BAR) In conjunction on the southern side of Smithfield Road to facilitate right turn with the movements into the property. The design shall be undertaken development by a suitably experienced Registered Professional Engineer permit for Queensland (RPEQ) and be in accordance with Type BAR operational Guide to Road Design Part 4A: Unsignalised and Signalised works. Intersections (Austroads, 2017). The works must include signage and linemarking. Carparking and Manoeuvring Areas 16. Provide a minimum of thirty-six (36) car parking spaces and Prior to the one (1) bus bay, including two (2) for people with disabilities, issue of a generally in accordance with the approved Carparking Site development Plan. The car parking and manoeuvring areas must facilitate permit for the largest anticipated design vehicle to enter and exit the site operational in a forward gear and make provision for parking and works. manoeuvring of a bus in accordance with Drawing 1786-CP01A and the relevant Australian Standards. 17. Construct the car park and manoeuvring areas in accordance Prior to the with the development permit for operational works. commenceme nt of use. 18. All driveways and manoeuvring areas must be imperviously Prior to the sealed and line marked commenceme nt of use, and to be maintained thereafter. 19. All car park access, parking and manoeuvring areas must be Prior to the imperviously sealed and designed in accordance with issue of a AS/NZS2890.1 Parking facilities Part 1: Off-street car parking development and AS/NZS2890.6 Parking facilities Part 6: Off-street parking permit for

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for people with disabilities and AS2890.2 Parking facilities Part operational 2: Off-street commercial vehicle facilities to facilitate the safe works. and efficient movement of the largest anticipated design vehicle to and from the site in a forward gear. 20. Signage and linemarking must be provided in accordance with Prior to the AS1742 Manual of Uniform Traffic Control Devices and the commenceme Department of Transport and Main Roads’ Manual of Uniform nt of use, and Traffic Control Devices. to be maintained thereafter. Outdoor Lighting 21. Outdoor lighting shall be: Prior to the (i) designed in accordance with AS4282 Control of the commenceme Obtrusive Effects of Outdoor Lighting; and nt of use and (ii) installed and operated to ensure there is no spillage of then to be light upwards or to adjoining residential properties. maintained.

Acoustic Report 22. Acoustic treatments shall be incorporated into the design and Prior to the construction of the development, including the car park. This commenceme will include rated acoustic systems for doors, windows, walls nt of use and and ceilings to comply with the Acoustic Quality Objectives of then to be the Environmental Protection (Noise) Policy 2008 including: maintained. Measured at the receptor LAeq,adj, 1hr LA10,adj, 1hr LA1,adj, 1hr For dwellings 50 55 65 (outdoors) 7am-10pm For dwellings 35 40 45 (indoors) 7am-10pm After 10pm 30 35 40

23. Any fixed plant and equipment that causes sound (eg. Noise Prior to the from effluent disposal system and air-conditioning equipment) commenceme must be enclosed and positioned to ensure the sound nt of use and pressure level does not exceed on any day: then to be (a) 3 dBA above background level, before 7 am; maintained. (b) 5 dBA above background level between 7am and 10 pm; or (c) 3 dBA above background level, after 10 pm. 24. The use of the building must not occur as an indoor Prior to the entertainment on any day: commenceme (a) Before 7 am, if it makes an audible noise, or nt of use and (b) Between 7am and 10 pm, if it makes a noise of greater then to be than 5 dBA above background level, or maintained. (c) Between 10 pm and midnight if the use makes a noise

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greater than 3 dBA above background level. Landscaping 25. Landscaping shall be provided throughout the development in Prior to the accordance with the requirements of the Landscaping Code commenceme and Planning Scheme Policy No.11 contained in the Gatton nt of the use Shire Planning Scheme 2007 and as approved by Council as and submitted operational works. The species of plants proposed must be as part of an appropriate for the climate. Operational Works application. 26. A landscape buffer is to be provided along the eastern As part of an boundary of proposed Lot 1 to effectively buffer from view of Operational the neighbouring property. The buffer, at a minimum, must Works extend from the northern point of the place of worship building application. to the southernmost point of the car park. The buffer is to have a maximum height of five (5) metres and contain three tiers of vegetation. 27. An operational works approval shall be obtained for the To be met landscaping works prior to the commencement of any prior to and landscaping works and the works shall be provided in during the accordance with the development permit for operational construction works. of the works 28. All landscaping provided in accordance with the operational At all times works approval shall be maintained while the development continues to operate under this development permit. Environmental Health 29. Hours of construction must not exceed Monday to Saturday At all times 6:30am to 6:30pm. Construction work must not be conducted from or on the premises outside the above hours or on Sundays or public holidays 30. Noise generated from building works, are limited to the At all times requirements set out in the Environmental Protection Act 1994, Chapter 8, Part 3B, Division 3, Section 440R. a) A person must not carry out building work in a way that makes an audible noise:- (i) on a business day or Saturday, before 6.30a.m. or after 6.30p.m; or (ii) on any other day, at any time. b) (i)All plant and equipment does not result in a level greater than LA90 39 dB(A) when measured at 4 m from the most exposed façade of the nearest residential uses; and (ii)The contribution from all varying noise sources associated with the development during night-time hours (10pm-7am) does not exceed a level of LAMAX

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50dB(A), adjusted for tonality and impulsiveness, when measured at 4 m from the most exposed façade of the nearest residential uses; and (iii)All mechanical plant and equipment, including but not limited to, air conditioning/refrigeration plant and ventilation exhausts/extracts shall be screened/shielded where a noise complaint is determined. 31. The land owner must comply with Environmental Protection At all times (Air) Policy 2008 during construction of added facilities and during operation of normal activities including: a. Suppression of airborne particles including dust so that the qualities of the air environment that are conducive to; health and biodiversity of ecosystems, human health and wellbeing, protecting the aesthetics of the environment, including the appearance of buildings, structures and other property, and to protecting the agricultural use of the environment 32. The land owner must comply with Environmental Protection At all times (Water) Policy 2009 during construction of added facilities and during operation of normal activities including: a) Contaminated water must not be released to stormwater. b) Sediment controls must be installed where necessary to prevent the release. 33. Provision of suitable waste removal services and suitable At all times number and type of waste containers, in accordance with the Environmental Protection Regulation 2008. and to the satisfaction of Council’s Waste Reduction and Recycling Plan, for the storage of: • papers, plastics, cardboard, food scraps, used food containers and like wastes generated by workers on the site; and • building construction and/or demolition wastes. 34. All construction waste collected/stored on site during At all times construction shall be taken to an approved Waste Disposal Facility for disposal in accordance with current acceptance criteria and relevant fees and charges.

Note: In Lockyer Valley Regional Council local government area Gatton Landfill and Laidley Transfer Station are approved to accept building construction and demolition waste. 35. Under section 319 of the Environmental Protection Act 1994, a At all times person must not carry out any activity that causes, or is likely to cause, environmental harm unless the person takes all reasonable and practicable measures to prevent or minimise the harm (the general environmental duty). 36. All ‘Regulated Devices’, ‘Pumps’, ‘Air-conditioning equipment’ At all times and ‘Refrigeration equipment’ as defined by the Environmental

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Protection Act 1994 must be designed, installed, operated and maintained in order to comply with the noise standards as specified within the Environmental Protection Act 1994 and Environmental Protection (Noise) Policy 2008. 37. The provision of security and flood lighting shall be designed, At all times constructed, located and maintained in accordance with Australian Standard 4282 – 1997 (Control of the obtrusive effects of outdoor lighting) and so as not to cause nuisance to the occupants of nearby properties or passing traffic. 38. All municipal waste is to be disposed of off-site at an approved At all times facility. No disposal is permitted onsite by burial, incineration or composting 39. There shall be provided a suitable number and type of At all times commercial waste container/s collected not less than once per week OR other such suitable number and type of waste containers as may be approved by Council. 40. All things, materials, disused equipment at the premises shall At all times be stored in a way that does not: a) Afford or form a potential shelter or harbourage or attraction for vermin; b) Hold water which may allow the breeding or harbourage of mosquitos; and c) Seriously detract from the visual amenity of the land by causing visual pollution Building Works 41. Development Approval for Building Work is required prior to the Prior to any commencement of any building work and a Certificate of building works Classification (final certificate) must be issued prior to the occurring on occupation/use of any new buildings or structures site Reconfiguring of a Lot for Subdivision (1 lot into 2 lots) 42. Undertake the development generally in accordance with the Prior to approved plan. This plan will form part of the approval unless lodgement of a otherwise amended by conditions of this approval. request for sealing of survey plan of subdivision. 43. Maintain the approved development in accordance with the At all times approved drawing(s) and any relevant Council or other approval as required by conditions. 44. Provide certification from a Licensed Surveyor that the lots Prior to created accord with the approved plan. lodgement of a request for sealing of survey plan of subdivision. 45. Pay all outstanding rates and charges applicable to the subject Prior to

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land. lodgement of a request for sealing of survey plan of subdivision. Alterations and/or Relocations 46. Any alteration or relocation in connection with or arising from At all times the development to any service, installation, plant, equipment or other item belonging to or under the control of the telecommunications authority, electricity authority or Council or other person engaged in the provision of public utility services is to be carried out with the development and at no cost to Council. 47. All works, services, facilities and/or public utility alterations At all times required by this approval or stated condition/s whether carried out by Council or otherwise, shall be at no cost to Council unless otherwise specified in subsequent development approvals. 48. Replace existing Council infrastructure (including but not At all times limited to any street trees and footpaths) to a standard which is consistent with Council’s standards should this infrastructure be damaged as part of construction works. Infrastructure Charges 49. The developer shall pay infrastructure charges in accordance Prior to with the Lockyer Valley Regional Council Adopted lodgement of a Infrastructure Charges Resolution. The actual amount of the request for contribution will be calculated at the time of payment. sealing of survey plan of subdivision. Electricity 50. Provide evidence (e.g. Certificate of Supply to Subdividers Prior to with agreement Number of Certificate of Supply) lodgement of a demonstrating that an electricity supply has or will be request for provided to each proposed lot. sealing of survey plan of subdivision. 51. Submit certification from a Licensed Surveyor or suitably Prior to qualified person that: lodgement of a a. any electricity supply connection to an existing building request for or a private property pole is wholly contained in the lot it sealing of serves; and survey plan of b. any electricity connections and infrastructure made subdivision. redundant by the development is removed with the land reinstated. Telecommunications 52. Provide a ‘Telecommunications Infrastructure Provisioning Prior to

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Confirmation’ or a ‘Telecommunications Network lodgement of a Infrastructure Notification’ letter from a telecommunications request for carrier licensed under the Telecommunications Act 1997 (e.g. sealing of Telstra) confirming that the telecommunications carrier has survey plan of been engaged to install telecommunications infrastructure to subdivision. the proposed subdivision. Water and Wastewater 53. Submit certification from a Licensed Surveyor or suitably Prior to qualified person that: lodgement of a a. Any water supply or wastewater infrastructure to an request for existing building, including effluent disposal area, is sealing of wholly contained within the lot it serves; and survey plan of b. Any water supply or wastewater infrastructure made subdivision. redundant by the development is removed with the land reinstated. 54. Each proposed lot is to have an adequate water supply having Prior to a minimum storage capacity of 22500L lodgement of a request for sealing of survey plan of subdivision. Access, Driveway & Roadworks 55. Undertake works to the (existing) driveway of proposed Lot 1 Prior to as follows: lodgement of a a. Construct a new driveway crossover in accordance with request for the Institute of Public Works Australasia’s standard sealing of drawing RS-051 Driveways/Heavy Duty Vehicle Crossing; survey plan of b. Amend internal driveway to access via the new driveway subdivision. crossover as required by (a) above, ensuring that the new driveway complies with the following: i. Minimum 6.0m constructed width; ii. Designed and constructed to suite nominal traffic loading of 15 x 103 equivalent standard axles (ESAs); and iii. Imperviously sealed with either primer and two (2) coat bitumen or asphalt. Requirements for Operational Works Applications 56. Prior to the commencement of works, submit and obtain Prior to approval for a development application for Operational Works lodgement of a for Driveway, Driveway Crossover and Roadworks. The request for application must include as a minimum the following: sealing of a. Development application form/s; survey plan of b. Application fees (design checking as well as inspection) in subdivision. accordance with Council’s Fees and Charges schedule; c. Detailed design drawings addressing the requirements of this development approval (Driveway, Driveway Crossover

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and Roadworks) that have been approved and signed by a current Registered Professional Engineer Queensland (RPEQ) with their name and registration number; d. Roadworks drawings must detail existing infrastructure, proposed new infrastructure as well as any rectification/tie in works; e. Stormwater drainage design must include (but not limited to): i. Location and details, including hydraulic design, of all proposed drainage; ii. Stormwater catchment plan/s; iii. Stormwater calculation table/s; iv. Details of any diversion banks or drains. f. Erosion and sediment control measures in accordance with “Best Practice Erosion and Sediment Control” published by the International Erosion Control Association (Australia) for both the construction (including vegetation clearing) and operational (maintenance) phases of the development. Due consideration must be given to dispersive soil types within this region. g. Engineering Certification by the RPEQ that the design complies with the conditions of this approval as well as relevant engineering standards and best practice 57. Engage a suitably experienced Registered Professional Prior to Engineer Queensland (RPEQ) to prepare and submit lodgement of a engineering Certification that includes the following: request for a. the development application number, type of works, sealing of location, name/stage(s) of development (where survey plan of applicable); subdivision. b. date of certification; c. name of certifying individual, the name of engineering consultancy that the certifying individual works for, and the name of developer; d. a full schedule of the latest set of detailed design drawings; e. state applicable Planning Scheme that design is compliant with, including the relevant Codes/Schedules/Specifications; f. state applicable design standards/guides that it has been designed and checked to be compliant with; g. state that appropriate procedures for supervising, inspecting and testing are in place to deliver the infrastructure to assure the quality of works; and h. state that the certifying individual will ensure that the procedures are followed during the construction of the

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works. Existing Buildings 58. Provide certification from a Licensed Surveyor to confirm all Prior to existing buildings or structures comply with the requirements lodgement of a of the Queensland Development Code MP1.2. request for sealing of survey plan of subdivision.

ADVICE ADVICE – ACCESS FOR PEOPLE WITH DISABILITIES 1. The Anti-Discrimination Act 1991 (Qld), the Disability At all times Discrimination Act 1992 (Comm), Australian Standard AS1428 following the Parts 1-4 Australian Standard for Access and Mobility and the commencement National Construction Code require provision must be made of use. for equitable access for persons with disabilities to and within the site. ADVICE – HOURS OF CONSTRUCTION NOISE 2. A Builder (including Owner Builder) or Building Contractor During must not carry out building work on a building site in a way construction. that makes or causes audible noise to be made from the building work in accordance with the Environmental Protection Act 1994: (i) on a business day or Saturday, before 6:30am or after 6:30pm; or (ii) on any other day, at any time. ADVICE – CONSTRUCTION WASTE MANAGEMENT & STORAGE 3. Waste generated during demolition, excavation and During construction shall: construction. (i) be managed in accordance with the waste management hierarchy as detailed in the Waste Reduction and Recycling Act 2011 and Council’s Waste Reduction and Recycling Plan; and (ii) be stored on-site and disposed of in accordance with the Environmental Protection Regulation 2008. 4. Any additions or modifications to the approved use (not On going covered in this approval) may be subject to further application for development approval. 5. Biosecurity Queensland should be notified on 13 25 23 of At all times proposed development(s) occurring in the Fire Ant Restricted Area before earthworks commence. It should be noted that works involving movements of soil associated with earthworks may be subject to movement controls and failure to obtain necessary approvals from Biosecurity Queensland is an offence.

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It is a legal obligation to report any sighting or suspicion of fire ants within 24 hours to Biosecurity Queensland on 13 25 23.

Moved By: Cr McLean Seconded By: Cr Cook Resolution Number: 16-20/1242

CARRIED 7/0

Report

1. Introduction

The applicant seeks a Development Permit for Material Change of Use for an Indoor Entertainment (Place of Worship) and Reconfiguring of a Lot (1 lot into 2 lots) on L1 RP172847 at 372 Smithfield Road, Gatton. An application for Indoor Entertainment within the Rural Agriculture Zone requires impact assessment against the Gatton Shire Planning Scheme 2007 and requires code assessment for a Reconfiguring of a Lot application.

2. Background

A pre-lodgement meeting was held with the applicants on 22 April 2017 prior to lodging the application with Council.

3. Report

Proposed Development The proposed development is for a Development Permit for Material Change of Use for an Indoor Entertainment (Place of Worship) and Reconfiguring of a Lot (1 lot into 2 lots) on the subject land.

The site has an area of 10.0945 hectares. The development site has direct frontage to Smithfield Road. The site backs onto the Warrego Highway. No access is provided to the Warrego Highway.

Two separate accesses are proposed as part of the development, the existing access is proposed to remain for the existing dwelling on proposed Lot 2 and a new access is proposed on Lot 1.

The development is connected to electricity and telecommunication services.

The applicant advised that they will utilize an existing removal building with a gross floor area of 518m2 which will provide facilitates for 100 patrons. The building is intended for the use of:

 Church services  Sunday school  Craft Groups  Art/writers workshop  Youth Games

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 Mums and Bubs Playgroup  Self help group  Dance Group  Prayer Meetings  Food Parcels  Media Trainees  Book Club  Solomon Island life group  Brunch Group  Ladies Working Group  Kids Club  Music Group  Kids Music Program  Baking Challenge  Pilipino life group  Mens Working Bee  Car boot sale/breakfast  Youth BBQ  Young Adult activities  Occasional Wedding  Church conferences/special meetings  Church cleaning

These uses will occur throughout of the week and during the following hours of operation:

 Monday 9am to 6pm  Tuesday – Thursday 9am to 9pm  Friday 9am to 12noon  Saturday 8am to 9pm  Sunday 8am to 9pm

A total of 36 carparking spaces will be provided as part of the use.

The proposal also includes a proposed one lot into two lot subdivision. Proposed Lot 1 will include the proposed Indoor Entertainment (Place of Worship) and proposed Lot 2 will contain the existing dwelling and associated outbuildings. Both lots are proposing to gain access from Smithfield Road. Proposed Lot 1 will have a site area of approximately 2.375ha with a road frontage of 216.561m and will be an irregular shaped lot. Proposed Lot 2 will have a site area of approximately 8.115ha with a road frontage of 289.268m and will be an irregular shaped lot.

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Figure 1 – Proposed Site Plan

Figure 2 – Proposed Floor Plan

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Figure 3 – Elevations of new building

Figure 4 – Elevations of new building

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Figure 5 – Proposed Site Plan for Reconfiguring of a Lot (1 lot into 2 lots)

Subject Land

The subject site is an irregular shape, and is part of Lot 1 RP172847 that comprises a single title and has a total area of 10.0945 hectares. Lot 1 is accessed by Smithfield Road to the south and is bounded by the Warrego Highway to the north. The site contains an existing dwelling, associated outbuildings, dam and easement in favour of Energex.

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Figure 6 - Aerial photo of subject site

Assessment

Legislative Requirements

Assessment of the development is required under the Planning Act 2016. As such, the application must be assessed against each of the following statutory planning instruments to the extent they are relevant to the development:

(a) a matter prescribed under Planning Regulation 2017; (b) a State planning regulatory provision; (c) a State planning policy; (d) a planning scheme; and (e) a temporary local planning instrument.

According to the Assessment Tables for the Rural Agriculture Zone, Indoor Entertainment is an Impact Assessable use. In addition, the Assessment Tables also identify a Reconfiguring of a Lot application requires a Code Assessable planning application.

It is noted that the applicant submitted the application on 14 May 2018 and it was ‘properly made’ on 14 June 2018. Assessment of this application against the relevant planning instruments is provided in the following sections.

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Referral Agencies

The application was subject to referral to the Department of State Development, Manufacturing, Infrastructure and Planning - State Assessment Referral Agency (SARA) and Energex in accordance with the Planning Act 2016 and the Planning Regulation 2017. The application was referred to the Department due to the subject sites proximity to the Warrego Highway (state controlled road) under Section 10.9.4.2.4.1 and Section 10.9.4.2.1.1 of the Planning Regulation 2017. Conditions were provided to Council on 13 August 2018 (Ref No. 1807-6145 SRA). The application was referred to Energex due to the subject site containing a powerline easement under Section 10.9.2 of the Planning Regulation 2017. Conditions were provided to Council on 3 July 2018 (Ref No. HBD6230051) and revised conditions were provided to Council on 29 January 2019 to reference the amended overall site plan.

State Planning Regulatory Provisions

South East Queensland Regional Plan 2017-2031 (SEQRP)

The subject site is located within the Urban Footprint of the SEQRP and is consistent with the overarching intent of this Plan as the proposed use is for urban purposes as defined under the Regional Plan.

Regional and Strategic Planning

The proposed place of worship is situated on a property located within the Gatton North Major Enterprise and Industrial Area (MEIA) and as a result ShapingSEQ South East Queensland Regional Plan 2017 is a relevant planning instrument for the assessment of the application. ShapingSEQ indicates that these areas are intended to:

“… accommodate medium- and high-impact industries and other employment uses associated with, or with access to, state transport infrastructure. These areas are major drivers of economic growth. They are either significant in size or have the potential to expand to provide for industry and business activity clusters of regional and state significance.”

The MEIA is the most significant future industry and business cluster in the Lockyer Valley. ShapingSEQ requires future land use and infrastructure to be planned for the MEIA in an integrated manner through a master planning process delivered by Council. It has a key role in delivering additional local employment growth to support the growing population of the Lockyer Valley. The need to ensure cost effective provision of infrastructure and to ensure employment growth keeps pace with population growth means it is critical to maximise the amount of land in the MEIA that is developed for industry and business uses.

The proposed place of worship is not a medium or high impact industry or other employment use that benefits from access to State transport infrastructure and its long term presence in the MEIA is likely to detract from the future realisation of the MEIA as a future industry and business activity cluster of regional or State significance. The property itself is situated in part of the MEIA that will be suitable for future industrial or business development being an area that is not impacted by flooding, steep slopes or significant vegetation.

It is noted however that the proposed place of worship is to be accommodated in a building that was moved to the site. On the basis that the building was moved to the site and is to be located on stumps it can be assumed that it would be able to be moved to another location

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and the use of the property for a place of worship cease when the MEIA is developed in the future for industry and business uses. As a result the place of worship can be considered an appropriate interim use of the land. It is considered that a condition imposing a time restriction on the use of the property as a place of worship would not be necessary as it is uncertain at this time when this part of the MEIA will be developed and market forces should result in the use of the property changing at an appropriate time in the future.

In relation to the reconfiguring of the property into two lots, the subdivision of a smaller lot containing the place of worship use will restrict this use to a new 2.375ha lot with the second lot of 8.115ha being available for future for industry and business uses.

State Planning Policy 2017 (SPP)

The State Planning Policy 2017 is yet to be incorporated within Council’s planning scheme. While there are some elements that align with the SPP there are others to be considered. The SPP interactive mapping system identifies the subject site as being located within:  Important agricultural areas  Agricultural land classification – class A and B  MSES – Regulated vegetation (category C)  MSES – Regulated vegetation (essential habitat)  Water resource catchment  Flood hazard area – Level 1 – Queensland floodplain assessment overlay  Flood hazard area – Local Government flood mapping area  Bushfire prone area  Major electricity infrastructure (Energex)  State Controlled road

State Interest – Agriculture

Figure 7 - Important agricultural areas and agricultural land classification – class A and B extract from SPP Interactive Mapping System

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As identified in figure 7, part of the subject site is identified as an important agricultural area and agricultural land classification – class A and B. However, the property has an established residential use already occurring on site and does not appear to have had an agricultural use occurring on site since 2004. The proposed place of worship is located outside the parts of the site designated as class A and B areas. The proposed development does not have any impacts on any agricultural resources and therefore is considered that the proposal does not conflict with the state interest.

State Interest – Biodiversity

Figure 8 – MSES – Regulated vegetation (category C) and MSES – Regulated vegetation (essential habitat) extract from SPP Interactive Mapping System

As identified in figure 8, part of the subject site is identified as MSES – Regulated vegetation (category C) and MSES – Regulated vegetation (essential habitat). As part of the development application, the regulated vegetation and essential habitat will be wholly contained within proposed Lot 2 which contains an existing dwelling, associated outbuildings and dam. No vegetation clearing is proposed as part of this development application therefore it is considered that the development does not have any impacts on environmental significance of the mapped vegetation and therefore is considered that the proposal does not conflict with the state interest.

State Interest – Water Quality

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Figure 9 - water resource catchment extract from SPP Interactive Mapping System

The site is mapped within a water resource catchment. The assessment benchmarks for Water Quality state:

(1) Development is located, designed, constructed and operated to avoid or minimise adverse impacts on environmental values arising from: (a) altered stormwater quality and hydrology (b) waste water (c) the creation or expansion of non-tidal artificial waterways (d) the release and mobilisation of nutrients and sediments.

(2) Development achieves the applicable stormwater management design objectives outlined in tables A and B (appendix 2)

(3) Development in a water supply buffer area avoids adverse impacts on drinking water supply environmental values.

The applicant provided a storm water management plan prepared by Milanovic Neale Consulting Engineers as a part of the response to information request which has been assessed as a part of the proposal.

State Interest – Natural Hazards, Risk and Resilience

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Figure 10 - flood hazard area extract from SPP Interactive Mapping System

The site is mapped within the flood hazard area as per the SPP mapping, and is also located within the Investigation Area and Overland Flow Paths of Council’s Temporary Local Planning Instrument 01/2018 - Flood Regulation. Further assessment will be provided against the TLPI within this report.

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Figure 11 - High Potential Bushfire Intensity and Potential Impact Buffer extract from SPP Interactive Mapping System

The site is also mapped under the Bushfire prone area as subject to the High Potential Bushfire Intensity and Potential Impact Buffer. The SPP assessment benchmarks apply to any development application for a material change of use within Bushfire prone areas as defined by the SPP mapping.

The relevant assessment benchmarks for this application are as follows:

Bushfire, flood, landslide, storm tide inundation, and erosion prone areas outside the coastal management district: (3) Development other than that assessed against (1) above [coastal management districts], avoids natural hazard areas, or where it is not possible to avoid the natural hazard area, development mitigates the risks to people and property to an acceptable or tolerable level.

All natural hazard areas: (4) Development supports and does not hinder disaster management response or recovery capacity and capabilities. (5) Development directly, indirectly and cumulatively avoids an increase in the severity of the natural hazard and the potential for damage on the site or to other properties. (6) Risks to public safety and the environment from the location of hazardous materials and the release of these materials as a result of a natural hazard are avoided. (7) The natural processes and the protective function of landforms and the vegetation that can mitigate risks associated with the natural hazard are maintained or enhanced.

Almost all of the site is mapped within the Potential Impact Buffer and High for the Bushfire hazard area – bushfire prone area as per the SPP mapping, however the location of the proposed place of worship is within an existing cleared area and the development will be conditioned to provide an on site storage containing at least 10,000L solely for fire fighting purposes.

The development complies with the assessment benchmarks of the State Planning Policy.

State Interest – Energy and Water Supply

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Figure 12 – Location of Electricity Infrastructure extract from SPP Interactive Mapping System

As identified in figure 11, the site contains an electricty easement. The purpose of the SPP is:

(1) existing and approved future major electricity infrastructure locations and corridors (including easements and electricity substations), and bulk water supply infrastructure locations and corridors (including easements) are protected from development that would compromise the corridor integrity, and the efficient delivery and functioning of the infrastructure.

(2) Major electricity infrastructure and bulk water supply infrastructure such as pump stations, water quality facilities and electricity substations, are protected from encroachment by sensitive land uses where practicable.

(3) Development of major electricity infrastructure and bulk water supply infrastructure avoids or otherwise minimises adverse impacts on surrounding land uses and the natural environment.

(4) The development and supply of renewable energy at the regional, local and individual scale is enabled in appropriate locations.

The application was refered to Energex and further detail is provided within this report.

State Interest – Transport Infrastructure

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Figure 13 – Location of Transport Infrastructure extract from SPP Interactive Mapping System

(6) Development in areas surrounding state transport infrastructure, and existing and future state transport corridors, is compatible with, or support the most efficient use of, the infrastructure and transport network.

(7) The safety and efficiency of existing and future state transport infrastructure, corridors, and networks is not adversely affected by development.

The site is mapped as abutting transport infrastructure on two of the three property boundaries. The application was referred to the Department of State Development, Manufacturing, Infrastructure and Planning to assess the state interest associated with the development application. Further detail has been provided within this report.

Koala Habitat Area

As per the Koala Habitat in South East Queensland mapping, the development area is designated as “Suitable for Rehabilitation.” The development is assessable against Schedule 11 of the Planning Regulation 2017 however the assessment benchmarks in Part 2 of Schedule 11 are not applicable as the site is not located within: • A koala broad-hectare area; • An assessable development area; • A priority koala assessable development area; or • A koala assessable development area.

Gatton Shire Planning Scheme 2007

Desired Environmental Outcomes (DEO’s)

Environment (a) Gatton Shire’s natural environment is protected, so that biodiversity, ecological processes and air, land and water quality are maintained, (b) The disposal of wastes is effectively and sustainability managed,

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(c) Sustainable land management practices are promoted, (d) Places, areas or sites identified as being susceptible to land degradation, including erosion, landslip and contamination are protected and further degradation minimized. Character and Landscape Quality (e) The rural character, significant natural features, cultural heritage and landscape values of the Shire are protected and enhanced. Settlement Pattern, Amenity and Safety (f) The town of Gatton retains its role as the primary centre in the Shire for retail services, employment opportunities and higher order community services and facilities, with Helidon, Withcott and Grantham serving as secondary centres. (g) Urban and rural residential development is Gatton Shire occurs in discrete centres or localities that provide a sense of place and community identity, and process a high level of safety, convenience and amenity for residents, (h) Housing options to meet the needs of community members throughout life are encouraged, (i) Planning and design takes into account the potential adverse effects from natural hazards such as bushfire, landslip and flooding. Access to Services, Facilities and Employment Opportunities (j) Convenient and efficient access to services, facilities and employment opportunities is promoted. Cultural Heritage (k) Gatton Shire’s areas or places of cultural heritage significance such as those of indigenous cultural significance, or aesthetic, architectural, historical, scientific, social or technological significant, to the present generation of future generations are managed and their ongoing significance for the community is maintained or enhanced. Economic Development and Natural Resource Management (l) A strong and diverse economic base is promoted that builds upon the Shire’s established rural strengths, its natural resources, its landscape character, and its location on strategic transport routes; and provides a broad range of employment opportunities. (m) Sustainable industrial development is promoted with the concentration of industry activities encouraged in the centres of Gatton and Withcott achieving benefits of colocation, infrastructure availability and protection from inappropriate development. (n) Low impact tourism activities based on the scenic and rural values of the Shire are encouraged to contribute to the economic growth of the Shire. (o) Development is encouraged to have regard to the function and effects of existing infrastructure.

The proposed indoor entertainment for place of worship generally complies with the DEOs. It is believed the proposed use will not adversely impact on the rural character or visual amenity of the locality. It is believed that the development will not detract from the services which are currently provided within the town centres but will provide an alternative to the existing services. The proposed development mitigates potential natural hazards including flooding noting that the development site is suitably separated from identified flood areas and conditions have been placed on the development relating to bushfire.

Applicable Planning Scheme Codes

The codes contained in the Gatton Shire Planning Scheme 2007 that are relevant to assessment of the application are as follows:

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 Rural Agriculture Zone Code  Commercial Premises and Shops Code  Advertising Device Code  Building Work Code  Landscaping Code  Lighting Code  Services and Infrastructure Code  Vehicle Access, Parking and On-Site Movement Code  Reconfiguring of a Lot Code  Gas and Oil Pipeline  Temporary Local Planning Instrument 01/2018 - Flood Regulation

These codes comprise the assessment benchmarks that the application must be assessed against.

Rural Agriculture Zone Code

The site is within the Rural Agriculture zone. The following Overall Outcomes apply to all properties within the Rural Agriculture zone. (a) Good quality agricultural land is preserved for sustainable agricultural purposes. (b) The ongoing use of good quality agricultural land for agricultural purposes is not prevented or constrained by: (i) use of the land for other purposes; (ii) non-rural development on nearby land which restricts agricultural practices; (iii) fragmentation of holdings as a result of reconfiguration; and

The following Specific Outcomes apply to all properties within the Rural Agriculture zone.

(a) Non-agricultural uses and related development occurs in the zone only where such uses: (i) are allied to agricultural activities and/or could not be effectively located elsewhere; (ii) are sited and operated to minimise any loss of agricultural land or potential disruption to agricultural activities, including provision of adequate buffering; (iii) are consistent with the intent and provisions of State Planning Policy 1/92 and the supporting guidelines; (iv) cause no adverse impact on the natural environment, including the retention of any vegetation or other feature identified as biodiversity areas; prevention of erosion and the protection of down stream water quality; (v) are connected to the Shire road network and urban centres by roads capable of accommodating the type and volume of traffic likely to be generated; and (vi) are provided with water supply, liquid and solid waste disposal systems and electricity supply adequate for all on-site purposes.

The proposed subdivision and indoor entertainment for place of worship is being located on property which is identified as Good Quality Agricultural land however the property does not appear to have been utilised for agricultural purposes since at least 2004. Therefore, the proposed subdivision does not fragment an existing agricultural use nor does the indoor entertainment use for place of worship restrict agricultural uses from occurring on site. It is believed that the indoor entertainment use for place of worship does not restrict the ability of agricultural uses occurring on nearby land.

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Commercial Premises and Shop Code

The Indoor Entertainment use is listed as subject to assessment against this Code. The proposed development does not include a Shop.

Probable Solution A4.1 references a maximum gross floor area of 100m2. This provision relates primarily to commercial uses such as a Shop, in that it is intended that retail uses associated outside of the commercial centre are subservient to the uses within Rural Agriculture zone. As the use is for an Indoor Entertainment for a Place of Worship there is no retail use proposed. In addition, the Indoor Entertainment definition contains a variety of uses including Cinema, Concert Hall, Gymnasium, Meeting Hall (including places of worship), Skating rink (indoor), Stadium (indoor), and Theatre (indoor) that are likely to have a floor area in excess of 100m2.

The site is not listed in any of the commercial precincts, therefore the development has not been assessed against the provisions of the commercial precincts.

The development meets the Assessment Benchmark.

Advertising Device Code

The applicant provided an indicative elevation plan for a pylon sign as part of the response to information request however no further detail has been provided including the proposed location of the sign on site. Therefore, a condition will be included that any proposed signage will require a subsequent code assessable application.

Building Work Code

In the Rural Agriculture zone, the maximum height for buildings is 8.5 metres. The setback requirements for a 9B structure in the Rural Agriculture zone are 20m from the road frontage and 10m for the side and rear boundaries.

The proposed church has an approximate maximum height of 6.5m above natural ground level which is below the maximum height for the zone. The proposed church will be set back 81.69m from the road frontage of Smithfield Road, 10m from the proposed eastern property boundary and 47m from the rear boundary.

The development therefore meets the Assessment Benchmark.

Landscaping Code

No detail in relation to landscaping has been provided by the applicant other than a plan which identifies a planting schedule and watering regime. It is recognised that plantings would be limited within the Energex easement. Therefore, a subsequent code assessable application will be required prior to the commencement of use to meet the assessment benchmark.

Lighting Code

Outdoor lighting will be designed and operated in accordance with Australian Standard AS1158.1.1 1997 – Road Lighting and AS4282-1997 – Control of the Obtrusive Effects of Outdoor Lighting. This requirement will be conditioned to meet the assessment benchmark.

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Services and Infrastructure Code

The site has access to electricity and telecommunications. The property does not have access to reticulated water and sewer. The application will be conditioned that a plumbing approval will need to be obtained prior to plumbing, drainage or on site sewerage being installed. The application will also be conditioned to provide at least 45kl of potable water supply.

The development meets the Assessment Benchmark.

Stormwater

A Stormwater Management Plan was submitted as part of the response to information request which was reviewed by Council’s Consulting Engineers who provided the following comment. The submitted plan (Site Based Stormwater Management Plan prepared by Milanovic Neale, 17 September 2018) concludes that the development will only negligibly increase the peak runoff flows even though the impervious area is increased (due to changes in the time of concentration). There will be some increase in total volume of runoff but as discharge is to the road reserve it is unlikely to create any issues. The report is considered to be reasonable.

The development meets the Assessment Benchmark.

Vehicle Access, Parking and On-Site Movement Code

Under the Gatton Planning Scheme 2007, an Indoor Entertainment use requires one (1) space for each 20m2 or part thereof of gross floor area or one (1) space for four users or visitors whichever is the greater, and one (1) bus parking space. The applicant has identified 36 carparking spaces and one bus bay will be provided on site which meets the requirements of code.

The car park access, parking and manoeuvring will be conditioned to be imperviously sealed and designed in accordance with AS/NZS2890.1 Parking facilities Part 1: Off-street car parking and AS/NZS2890.6 Parking facilities Part 6: Off-street parking for people with disabilities and AS2890.2 Parking facilities Part 2: Off-street commercial vehicle facilities to facilitate the safe and efficient movement of the largest anticipated design vehicle to and from the site in a forward gear.

The response to information request was reviewed by Council’s Consulting Engineer and has provided the following comments. As part of the information request, the applicant was requested to provide (by an RPEQ engineer) an assessment of the location of the proposed access to Proposed Lot 1 in regards to sight distance requirements and whether dedicated turning / passing lanes would be required.

No RPEQ engineer information has been provided however Drawing LD-1076-01 (C) indicates that the available sight distance is 125m or greater. The applicant should confirm whether the sight distance is adequate and whether an overtaking / passing lane is necessary. In the absence of this assessment it is considered appropriate for basic right turn treatment to be provided (Type BAR in Guide to Road Design Part 4A: Unsignalised and Signalised Intersections (Austroads, 2017).

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The information request also requested an amended plan identifying bus parking and manoeuvring areas. This amended plan was provided (Drawing 1786CP-01 Rev A, dated 8 October 2018). This plan will be referenced in the MCU assessment.

The development therefore meets the Assessment Benchmark.

Reconfiguring of a Lot Code

The subject site is zoned Rural Agriculture under the Gatton Planning Scheme 2007 which identifies a minimum lot size of 100ha however the subject site is located within the urban footprint under the South East Queensland Regional Plan 2017. In this instance, Council is able to consider lots under the minimum lot size at 2.375ha and 8.115ha respectively. The surrounding lots are generally under the minimum lot size of 100ha, with the proposed lot sizes consistent with the surrounding lot sizes. The lot sizes are believed to be appropriate for the proposed uses of a place of worship on proposed Lot 1 and the existing dwelling and associated outbuildings on proposed Lot 2 and will not result in fragmentation and land degradation from the proposed development.

Gas or Oil Pipeline Overlay

Figure 14 – Gas and Oil Pipeline under Gatton Planning Scheme 2007

The subject site triggers the gas or oil pipeline overlay under the Gatton Planning Scheme 2007. A high-pressure gas main is located in the Smithfield Road reserve and the easement overlays the front of both proposed Lots. The main is approximately 80m from the edge of the proposed carpark and approximately 100m from the proposed building. The probable solutions of the planning scheme identify:

A1.1 The pipeline is incorporated within open space, dedicated utility corridors or road reserve, and not within new lots or private land;

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A1.2 The density of persons proposed to be living or congregating near the pipeline (or within 100 metres of the pipeline) is not increased; A1.3 Uses adjoining the pipeline do not include activities or structures that may constitute an additional fire risk, such as the storage of flammable liquids.

The timetable submitted with the application does indicate that the building will be used seven days a week and generally 12 hours per day. Although the proposed carpark is located within this zone, the proposed building is not. Therefore, it is considered that the risk is considered to be acceptable.

Temporary Local Planning Instrument 01/2018 – Flood Regulation

Figure 15 – Location of Temporary Local Planning Instrument 01/2018 – Flood Regulation for Investigation Area and Overland flow paths

The subject site triggers the Temporary Local Planning Instrument 01/2018 – Flood Regulation for Investigation Area and Overland flow paths as identified in figure - above. Only the far eastern portion of proposed Lot 2 which will contain the existing dwelling and associated outbuildings is located in the Flood Investigation Area and Overland flow paths of the TLPI. Proposed lot 1 which is anticipated to contain the place of worship, is not identified as containing hazard, investigation area or overland flow paths under the TLPI.

Acoustic Report

An acoustic report was provided as part of the response to the information request. The report was reviewed by Council’s Environmental Health Coordinator who recommended that the report by accepted and advise that the noise from the operations of the business should not cause a noise nuisance with the information that has been provided. It is noted however that the report did not provide any comparison between background and operational noise. The noise while operational appears to be within the acceptable limits at an average of 46.15 dBA

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outdoors at the closest sensitive receptor when the Environmental Protection (Noise) Policy 2008 allow up to 50dBA.

Public Notification

The application was subject to public notification from 7 November 2018 to 29 November 2018, being a total of 16 business days. There were no properly or not properly made submissions received during the notification period.

Further Approvals Required

If approved, the proposed development would be subject to further permits including:  Operational Works (Advertising Device, Roads, Carparking, Stormwater, Landscaping and Drainage)  Plumbing and Drainage  Building Works

Adopted Infrastructure Charges Resolution No.2/2018

Infrastructure Charges are payable in accordance with the following table for the Material Change of Use component. Charge Demand Description Rate TOTAL Type Units

PROPOSED DEMAND Indoor Sport and Charge Recreation 518m2 $100.00 $51,800.00 Impervious sealed area 2,065.86m2 $10.00 $20,658.60 TOTAL PROPOSED DEMAND $72,458.60

EXISTING DEMAND Credit 0 0

TOTAL PAYABLE $72,458.00

Infrastructure Charges are payable in accordance with the following table for the Reconfiguring of a Lot component. Charge Demand Description Rate TOTAL Type Units

PROPOSED DEMAND Charge New Allotment 2 $12,500.00 $25,00.00

TOTAL PROPOSED DEMAND $25,000.00

EXISTING DEMAND Credit Existing Allotment 1 $12,500.00 $12,500.00

TOTAL PAYABLE $12,500.00 Page 205 ORDINARY COUNCIL MEETING MINUTES 13 FEBRUARY 2019

4. Policy and Legal Implications

There are no policy or legal implications arising from the recommendation provided in this report.

5. Financial and Resource Implications

The development is conditioned to include road works in front of the site; however these are directly related to the access arrangements for the site. While Smithfield Road is a higher order road, these works in front of the site would not be considered as a potential offset against the infrastructure charges.

6. Delegations/Authorisations

There are no implications for delegations or authorisations arising from the recommendation provided in this report.

7. Communication and Engagement

The decision of Council will be formally communicated to the applicant in accordance with the requirements of the Planning Act 2016.

8. Conclusion

The proposed development generally complies with the requirements of the Gatton Shire Planning Scheme and does not raise any significant issues that cannot be addressed by reasonable and relevant conditions. The development meets the benchmarks and the application is therefore recommended for approval in accordance with the Decision Rules.

9. Action/s

1. Notify the applicant of Council’s decision

Attachments 1⇩ Proposal Plans MC2018/0037 & RL2018/0018

Page 206 Application for Development Permit for Material Change of Attachment 1 Use for Indoor Entertainment (Place of Worship ) and Proposal Plans MC2018/0037 & Reconfiguring of a Lot for Subdivision (1 lot into 2 lots) on RL2018/0018 L1 RP172847 at 372 Smithfield Road, Gatton

Attachment 1 11.2 Page 207

Application for Development Permit for Material Change of Attachment 1 Use for Indoor Entertainment (Place of Worship ) and Proposal Plans MC2018/0037 & Reconfiguring of a Lot for Subdivision (1 lot into 2 lots) on RL2018/0018 L1 RP172847 at 372 Smithfield Road, Gatton

Attachment 1 11.2 Page 208

Attachment 1 11.2 Page 209

Attachment 1 11.2 Page 210

Attachment 1 11.2 Page 211

Attachment 1 11.2 Page 212

Attachment 1 11.2 Page 213

ORDINARY COUNCIL MEETING MINUTES 13 FEBRUARY 2019

11.3 Road Naming Request - Peta Drive Woodlands - Stage 2B

Date: 04 February 2019 Author: Tammie Davidson, Development Support Officer Responsible Officer: Dan McPherson, Executive Manager Organisational Development & Planning Services

Summary:

This report seeks Council’s approval to name one new road within the rural residential subdivision, located at Peta Drive Woodlands – Stage 2B.

Officer’s Recommendation:

THAT Council approve the following road name as shown on details plan BRJD3273.000-025 Rev E dated 5 December 2016:  Road 1 as Sheree Street

RESOLUTION THAT Council approve the following road name as shown on details plan BRJD3273.000-025 Rev E dated 5 December 2016:

 Road 1 as Sheree Street

Moved By: Cr Cook Seconded By: Cr Holstein Resolution Number: 16-20/1243

CARRIED 7/0

Report

1. Introduction

This report refers to a request made by LandPartners on behalf of the developer of a rural residential subdivision located at Peta Drive, Woodlands.

2. Background

Council is responsible for assigning an official name to every gazetted road that is used to access properties. Council accepts requests from the public to name roads. All requests are considered in accordance with Council’s Naming of Roads, Park, Landmarks & Facilities Policy and ASNZ Standard 4819:201.

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3. Report

The request to name one new road was received on 15 January 2019. The applicant is requesting on behalf of the developers to name one new road. The applicant provided three preferences to name proposed road 1. The theme of the adjoining road names is Christian names, and this has been continued in the newly proposed names. Proposed Road 1

1. Sheree Street No other instances of this name in Lockyer Valley

2. Bradley Street No other instances of this name in Lockyer Valley

3. Gregory Street No other instances of this name in Lockyer Valley

A search of roads and streets within the Lockyer Valley Regional Council area provides that the preferences are not pre-existing and where they are similar or existing, this is noted.

4. Policy and Legal Implications

The suggested names provide a clear identification for the roads and do not contravene the Australian standard. Where there is conflict with Council’s Naming of Roads, Park, Landmarks & Facilities Policy, alternate name preferences will be utilised.

5. Financial and Resource Implications

Budget implications will continue to be addressed through existing allocations.

6. Delegations/Authorisations

No further delegations are required to manage the issues raised in this report.

7. Communication and Engagement

Council will notify the applicant of the outcome of their request for road naming.

8. Conclusion

Council officers have assessed the request for naming and conclude that the suggested names are in keeping with the policy pertaining to road naming with the Lockyer Valley Regional Council.

9. Action/s

1. The applicant will be notified of the outcome of their request. 2. Council’s records will be updated to reflect the approved names.

Attachments 1⇩ Road Naming Plan BRJD3273.000-025 REV E - Proposed Reconfiguration of Lot 17 1 SP265951 Page

Page 215 ORDINARY COUNCIL MEETING MINUTES 13 FEBRUARY 2019

Page 216 Road Naming Request - Peta Drive Woodlands - Stage 2B Attachment 1 Road Naming Plan BRJD3273.000-025 REV E - Proposed Reconfiguration of Lot 17 SP265951

Attachment 1 11.3 Page 217

ORDINARY COUNCIL MEETING MINUTES 13 FEBRUARY 2019

12.0 CORPORATE AND COMMUNITY SERVICES REPORTS

12.1 Executive Manager Corporate and Community Services Monthly Report for January 2019

Date: 05 February 2019 Author: David Lewis, Executive Manager Corporate & Community Services Responsible Officer: David Lewis, Executive Manager Corporate & Community Services

Summary:

This report provides Council with a summary of key operational activities undertaken by Corporate and Community Services during January 2019.

Officer’s Recommendation:

THAT Council receive and note the Executive Manager Corporate and Community Services Monthly Report for January 2019.

RESOLUTION THAT Council receive and note the Executive Manager Corporate and Community Services Monthly Report for January 2019.

Moved By: Cr Holstein Seconded By: Cr Hagan Resolution Number: 16-20/1244

CARRIED 7/0

Report

1. Introduction

This report provides Council with a summary of key operational activities undertaken by Corporate and Community Services during January 2019.

2. Background

Council should be aware of group activities to guide future decision making.

3. Report

A summary of the key outcomes for Corporate and Community Services during January 2019 by functional grouping follows.

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FINANCE AND CUSTOMER SERVICES

Finance

 As of 18 January, 96.20% of the first-rate levy 2018/19 rates levy had been collected. Legal action continues for those that remain overdue.  The second-rate levy was sent out on 31 January, with a due date of 1 March. To address some administrative processes associated with this date, a report recommending that this date be changed to 4 March 2019 will be presented to Council’s February 2019 Ordinary Meeting.

Accounting Services

The second quarter budget review is underway and should be presented to the Executive Leadership Team before the end of February 2019 with a subsequent report to Council in March 2019.

The Weekly cash balance as at 31 January 2019 was $19,052,027.00

Outstanding rates at 31 January 2019 were $21,381,056.92. The following table shows a comparative recent history of Council’s outstanding weekly rates balances.

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Customer Services

This section of the report breaks down January 2019 activity within the Customer Services Branch by service type.

Service Requests Details of January 2019 customer service requests and recent trends in relation to same for the Customer Services Unit and Council are detailed in the following table.

Councillor requests There were 125 new Councillor Requests in January 2019, with 42 Councillor Requests remaining open at 31 January 2019.

QGAP There were 517 QGAP transactions processed by Council during the month of January. Page 220 ORDINARY COUNCIL MEETING MINUTES 13 FEBRUARY 2019

BUILDING AND FACILITIES

Gatton Depot Facilities Shed  Tender submissions received on 10 January 2019  Tender evaluation and selection on 17 January 2019  A contract to the principal contractor will be issued in early February 2019.

Gatton Depot Workshop Switchboard Upgrade  Installation of the new workshop switchboard occurred on 19 January 2019  Defect works to the pit collars and the bubbler at the rear of the main switchboard were completed by the end of January 2019.

Laidley Recreational Reserve Change Rooms  Completed the installation of tile floor coverings  Completed the plumbing and electrical fit-off.

Gatton Showground’s Energy Reduction  Contract provided to ERM for signing  ERM has begun Large Generation Certificate application for the 200kW solar plant  ERM submitted Energex application.

Separate Metering (Gatton Showground’s)  Contract provided to Arnolds Electrical for signing  Onsite inspection held on 16 January 2019 with Arnolds to initiate site handover.

Gatton Showgrounds Washbay  Washbay structure is now complete and operational  Construction drawings for Internal roadworks were issued on 15 January. These roadworks are required to improve access to the washbay and divert stormwater away from the toilets  Roadworks will begin on 6 February with an estimated 1-week completion timeline.

Withcott Toilet Block  Received an e-mail response from Translink on 22 January 2019 advising “no objection” regarding the carpark line marking design. Gatton Showgrounds Masterplan  The principal consultant has begun broad community consultation via direct contact and online survey  Councillor workshop has been booked for the 5 March 2019.

Gatton Shire Hall  Held an engineering site inspection on 10 January 2019 to identify scope of works for new stage lighting and audio  Dance Force, Lockyer District Dancing Festival and Council’s Events Team all attended the site inspection and provided feedback to the engineer  Engaged a principal design consultant for detailed drawings  Site inspection held with consultant and the Facilities team on 15 January 2019  Received a concept sketch for new amenities layout on Thursday 17 January 2019.

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Cahill Park Amenities  Principal consultant has submitted architectural drawings for review and final comment.  Awaiting engineering drawings which are expected by 14 February 2019.

Cahill Park Lighting  Council’s Sports Officer has provided quotations for the recent grant funding applications to Cahill Park football fields and the netball courts lighting upgrades  Awaiting funding guidelines information to be provided to Facilities to determine administrative processes required.

Gatton Cemetery Outdoor Gazebo  Engaged a principal design consultant for detailed drawings  Site inspection held with consultant on 18 January  Concept sketch designs received on 22 January.

LG Levy Ready Program Gatton & Laidley  Procurement strategy for both projects developed  Design and construct brief and issued to procurement  Developing a fencing/tree clearing specification for tender and construction purposes  Request for fee proposal from HIG engineers for fencing certification.

Springbrook Park Irrigation  A scope of works was issued to Procurement to engage a principal contractor for the identifying, drilling and testing of a bore  Project control group established.

Laidley Veterans Support Centre  Released the tender to construct a retaining wall on the depot boundary to divert water away from the Veterans buildings  Tenders submissions due 12 February 2019.

Laidley Pioneer Village  Ironclad Constructions engaged to complete the roof replacement works to the meeting area building.

Gatton Childcare Playground  Awaiting submission of the detailed landscaping design works.

Initial meeting held with Peak Services to commence the tender process for the Lockyer Valley Indoor Sports and Aquatic centre and the Dal Ryan Memorial pool at Laidley.

LIBRARIES

Key performance criteria for Council’s libraries for January 2019 are outlined in the following tables.

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Lockyer Valley Libraries – Monthly Performance

70,205 Items in our 12,474 769 83.5% Physical collection of items Items issued Items renewed issued via Loans (physical Self- and LOANS 308 364 Service 13,243 eResources) Acquisitions Withdrawals 13,664 Gatton Library 46 829 7,574 visits Programs Attendees Laidley Library and Events EVENTS LIBRARY 6,090 visits

242 129 Computer Active Members Bookings Clients @ Clients @ VISITS 15,334 Gatton Laidley Total WiFi 954 Sessions Total Data Transferred New Members 359 213.59 GB 177

 Libraries partnered with Anglicare and Sarina Russo to extend the many events held for the January 2019 school holiday activities.  The Interactive Stickers initiative has been well received and Council is now sharing these concepts with other Queensland Libraries.

Art Gallery  Current exhibition is Seasons of Reflections by Maddie Tyler, which closes on 3 March 2019.  The last exhibition by the Creekers Art Crew was very well received. 19 art works were sold during this exhibition.

CHILDCARE

Average occupancy rates for the month of January 2019 were Gatton 50% and Kensington Grove 39%.

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Recent milestones events included:  23 January – Gatton Child Care 30-year anniversary (morning tea held on 1 February)  29 January – Kindergarten program commenced.

HEALTH, WASTE AND REGULATORY SERVICES

A total of 130 Health, Waste and Regulatory Services related CRMs were received during January 2019. Of these 66 remain current.

Waste

 Finalisation of the draft Waste Reduction and Recycling Plan  Waste Levy Ready Funding Program – Laidley weighbridge specification to market and fencing specification completed  Commissioning of reticulation and telemetry projects at the Gatton and Laidley Waste Management Facilities  Gatton Waste Management Facility (Adare Road side) – vegetation buffer prepared for planting by contractor  Fencing completed around the Blanchview Road Waste Facility (legacy landfill)  Site Based Management Plans for waste management sites reviewed and updated  Response provided to Department of Environment and Science in relation to audit follow up  Response provided to Department of Environment and Science on draft Environmental Authority  Waste Facility Supervision Services and Rural Bin Station Services Contract (Anuha) completed  Waste alliance project being attended by Manager Health Waste & Regulatory Services.

Regulatory Services

 Licences issued 0  Licences cancelled 9  Inspections completed 13  Non-Compliance letters 0  Design approval 2  Permits issued (Temp Events) 2  Enforcement inspections 3

Local Laws

 9 Dog attacks were reported to Council for the period 21 December 2018 to 31 January 2019 with 4 attacks being on a person  99 Warning Notices have been issued to animal owners  During the period there have been 28 Infringement Notices issued to animal owners/others by Local Laws Compliance Officers  1 dog has been declared by Toowoomba Regional Council as a Regulated Dangerous Dog and will be transferred to the Council area (dog owner informed Council) *  1 dog that resides within the Council area is the subject of a Proposed Regulated Dangerous Dog Declaration Notice by Somerset Regional Council*.

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* Both of the above dogs will be the responsibility of Council to ensure that they are kept in accordance with the requirements of the Animal Management (Cats and Dogs) Act 2008 but the respective declaring Councils will be responsible for all relevant documentation and appeals (if any).

Dog Registrations 2018/19

The number of Animal Related CRM’s received in comparison to Dog Registrations is outlined in the following table.

 Currently 7,983 dogs have been registered for the 2018/19 year (97.41% of the 2017/18 total dogs registered).  Currently 172 dogs have outstanding registrations (2.26% of the 2017/18 total dogs registered).

INFORMATION SERVICES

 The engagement of a Cyber Security Professional as a Service has been delayed due to concerns from the Chair of the Audit and Risk Management Committee. BDO will now examine whether the scope of work proposed by the preferred provider is aligned to effectively address the requirements and recommendations outlined in some of the outstanding Cyber Security items on the Audit Register.  Digital Signatures are in the early stages of implementation. Possible benefits include reduced paper usage, reduced storage of paper records, faster turnaround times on signatures (particularly when signees are not in the office) and improved customer satisfaction due to faster turnaround times. Once the initial implementation has been completed the focus will be to encourage use across Council to realise benefits.  P&R CiA Upgrade Project is regaining momentum with a project plan and schedule under development. It is expected that this project will go live with the upgrade in late 2019/early 2020. Council is an early adopter in partnership with Technology One for this project.  eRecruitment which is a full electronic process for Council’s recruitment process from business case to employment is planned to go live in mid-March. The benefits related to this project include reduced paper usage, automated registration of submitted documents and information, reduced paper record storage and faster response times to applicants. Council is also an early adopter in partnership with Technology One for this functionality.

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The following table highlight where Information Services have exceeded its service delivery standards to Council, with the second table showing service requests by type. These graphs will be refined over coming months.

DISASTER MANAGEMENT

Additional flood monitoring cameras have now been installed at Grantham and Helidon which will add to the Disaster Management flood intelligence network. Selected still frame images will be available to the public via the Disaster Dashboard early in 2019 once reliability has been sufficiently tested.

Early Warning Network (EWN) Hacking Incident On 5 January the EWN system was hacked on a National level by an unauthorised person. This resulted in members being contacted and told that “your personal data is not safe”. EWN

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promptly closed down the system to minimise the impact. At the time of the hacking incident, Lockyer Valley Regional Council had a membership number of 2,358. In the week that followed the membership had dropped to 2,341, a nett loss of 17, which would indicate a negligible impact on local membership.

According to EWN, the personal details of members were not compromised. The following was posted by EWN on their Facebook page; “The unauthorized alert sent on Saturday night was undertaken by an unauthorized person using illicitly gained credentials to login and post a nuisance spam-notification to some of our customers. The links used in this alert were non- harmful and your personal information was not compromised in this event. Investigations are continuing with the Police and Australian Cyber Security Centre”.

BUSINESS IMPROVEMENT COORDINATOR

Connected Council and Voice of the Customer surveys

 In-house continuous improvement training has now been scheduled and will be delivered to all progress group members in February and March 2019.

Service standards  The Executive Leadership Team has approved the implementation schedule.  The next steps after will involve embedding these standards in the customer request software and the knowledge base, and then providing an update to Council at the end of March.

Voice of the Customer

 The schedule is currently being reviewed to ensure it is balanced with other Council priorities.

Attachments 1⇩ Customer Service Statistics - January 2019 6 Pages

Page 227 Executive Manager Corporate and Community Services Attachment 1 Monthly Report for January 2019 Customer Service Statistics - January 2019

Attachment 1 12.1 Page 228

Executive Manager Corporate and Community Services Attachment 1 Monthly Report for January 2019 Customer Service Statistics - January 2019

Attachment 1 12.1 Page 229

Executive Manager Corporate and Community Services Attachment 1 Monthly Report for January 2019 Customer Service Statistics - January 2019

Attachment 1 12.1 Page 230

Executive Manager Corporate and Community Services Attachment 1 Monthly Report for January 2019 Customer Service Statistics - January 2019

Attachment 1 12.1 Page 231

Executive Manager Corporate and Community Services Attachment 1 Monthly Report for January 2019 Customer Service Statistics - January 2019

Attachment 1 12.1 Page 232

Executive Manager Corporate and Community Services Attachment 1 Monthly Report for January 2019 Customer Service Statistics - January 2019

Attachment 1 12.1 Page 233

ORDINARY COUNCIL MEETING MINUTES 13 FEBRUARY 2019

12.2 Dal Ryan Memorial Pool, Laidley Lease Extension

Date: 23 January 2019 Author: Kerry Wicks, Buildings and Facilities Business Coordinator Responsible Officer: David Lewis, Executive Manager Corporate & Community Services

Summary:

The purpose of this report is to seek Council approval to extend its lease with Laidley Swim Pty Ltd of the Dal Ryan Memorial Pool to 28 April 2019.

Officer’s Recommendation:

THAT Council approval an extension of its lease with Laidley Swim Pty Ltd of the Dal Ryan Memorial Pool to 28 April 2019.

RESOLUTION THAT Council approve an extension of the lease of the Dal Ryan Memorial Pool, with Laidley Swim Pty Ltd, to 28 April 2019.

Moved By: Cr McLean Seconded By: Cr Vela Resolution Number: 16-20/1245

CARRIED 7/0

Report

1. Introduction

The purpose of this Report is to seek Council approval to extend its lease with Laidley Swim Pty Ltd of the Dal Ryan Memorial Pool to 28 April 2019.

2. Background

Laidley Swim Pty Ltd lease the Dal Ryan Memorial Pool from Council with the lease due to expire on 31 March 2019.

On 25 July 2018 Council resolved (Resolution 16-20/1063) to pay the Lessee an Operation Fee capped at a maximum of $34,106.00 (GST exclusive).

3. Report

The Lessee approached Council on 10 December 2018 advising of 2019 school term dates and identifying a period between the end of the 2019 first term and the commencement of second term where the pool would not be open due to the expiry of the lease (31 March 2019).

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Resolution 16-20/1063 states that the Lessee is to be paid an Operation Fee of $1,050.00 per week (GST exclusive) capped at $34,106.00. Should Council endorse an extension of the lease to the 28 April 2019 the Lessee will require additional payments equivalent to four weeks of the weekly lease payment, totalling $4,200.00 (GST exclusive).

A statistical report for 2018 shows attendance figures from 1-18 April 2018 which coincided with the Easter school holidays.

Adults Children Canteen Sales April Numbers 25 67 April Income $100 $234.50 $486.20

The below temperature chart shows 2018 Laidley temperatures for the period of 1-18 April 2018.

Source: Bureau of Meteorology

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The predicted temperatures for Laidley for April 2019 are shown in the table below indicating that while temperatures may not reach 30 degrees and are below April 2018 temperatures, they remain relatively warm.

Source: accuweather.com

The town of Laidley is home to 3,808 individuals of which there are 921 families.

Approximately 2.41% of individuals attended the pool between 1-18 April 2018.

The second school term holidays for 2019 are from 6 April to 22 April 2019 with Easter 2019 being from 19 April to 22 April 2019 and Anzac Day falling on 25 April 2019. Given the dates for the school holidays, Easter and Anzac Day and expected ambient temperatures, it is recommended that Council extend the lease of the Dal Ryan Memorial pool at Laidley to 28 April 2019.

4. Policy and Legal Implications

Policy and legal implications will be addressed in the future on matters that arise before Council.

5. Financial and Resource Implications

The budget implications include an extra $4,200.00 (GST exclusive) management fee to be paid to the Lessee, as well as operating costs to Council of approximately $2,457.00. These costs will be absorbed within existing budget allocations.

6. Delegations/Authorisations

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No further delegations are required to manage the issues raised in this report. The Chief Executive Officer will manage any requirements in line with existing delegations.

7. Communication and Engagement

The Manager Building and Facilities will liaise with Laidley Swim Pty Ltd on the extension of its lease of the Dal Ryan Memorial Pool to 28 April 2019.

Once the lease extension has been completed, communications will be organised in both local and social media.

8. Conclusion

The second school term holidays for 2019 are from 6 April to 22 April 2019 with Easter 2019 being from 19 April to 22 April 2019 and Anzac Day falling on 25 April 2019. It is recommended that Council extend its lease of the Dal Ryan Memorial pool at Laidley to 28 April 2019 to align with these dates.

9. Action/s

1. Laidley Swim Pty Ltd the Lessee of the Dal Ryan Memorial Pool to be notified in writing that Council will extend its lease until 28 April 2019. 2. Lease extension to be executed by The Chief Executive Officer and Laidley Swim Pty Ltd. 3. Once the lease extension has been completed, communications to be organised in both local and social media.

Attachments There are no attachments for this report.

Page 237 ORDINARY COUNCIL MEETING MINUTES 13 FEBRUARY 2019

12.3 Waste Reduction and Recycling Plan

Date: 04 February 2019 Author: Peter Driemel, Manager Health, Waste and Regulatory Services Responsible Officer: David Lewis, Executive Manager Corporate & Community Services

Summary:

To ensure compliance with the requirements of the Waste Reduction and Recycling Act 2011, Council needs to adopt a draft Waste Reduction and Recycling Plan (the Plan) prior to the commencement of community engagement on the Plan.

Officer’s Recommendation:

THAT Council resolve to: 1) adopt the Draft Waste Reduction and Recycling Plan; and 2) endorse public notification of the Draft Waste Recycling and Reduction Plan for community engagement for a period of twenty-eight (28) days in accordance with the Waste Reduction and Recycling Act 2011.

RESOLUTION THAT Council resolve to: 1) adopt the Draft Waste Reduction and Recycling Plan, appended as Attachment 1 to these Minutes; and 2) endorse public notification of the Draft Waste Reduction and Recycling Plan for community engagement purposes, for a period of twenty-eight (28) days, in accordance with the Waste Reduction and Recycling Act 2011.

Moved By: Cr Cook Seconded By: Cr Wilson Resolution Number: 16-20/1246

CARRIED 7/0

Report

1. Introduction

Council has a statutory obligation under the provisions of the Waste Reduction and Recycling Act 2011 to have a Plan. The purpose of this report is to obtain Council approval to adopt the Plan, prior to commencing community engagement.

1. Background

Council currently has a Waste Reduction and Recycling Plan which was adopted in July 2012. It is timely to undertake a review of this plan and develop an updated plan which outlines

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Council’s key objectives relating to waste management for the next three (3) years. The provisions of the Waste Reduction and Recycling Act 2011 outline what must be considered when developing a Waste Reduction and Recycling Plan along with the requirement for community engagement prior to formal adoption of a Waste Reduction and Recycling Plan by Council.

3. Report

A review of the current Waste Reduction and Recycling Plan commenced in early 2018. Resource Innovations was appointed to undertake this review and to develop an amended Waste Reduction and Recycling Plan. To assist with the development a revised Waste Reduction and Recycling Plan, data was obtained from iWeigh Council’s integrated weighbridge and waste management software program. This data provided a history of transactions that had occurred at all waste disposal facilities over the previous twelve (12) month period. Financial data was also obtained and informed the recommendations obtained in the Plan.

The key recommendations contained within the Plan are based around the future operation of the Gatton Waste Management Facility, the establishment of a proposed ‘green-field’ resource recovery facility at the former quarry site on Otto Road, which will in turn result in the closure of the current Lockrose and Lockyer Waters waste facilities.

The Plan also proposes a reduction in the operating hours of the Withcott, Murphys Creek, Helidon, Grantham, Lockrose and Lockyer Waters waste facilities. This decision is based on a review of transactions that occurred at these sites over the abovementioned twelve (12) month period.

There are no changes proposed to the operating hours of the Gatton and Laidley Waste Management Facilities.

It is also proposed that over the life of the Plan investigations commence into locating a suitable site to establish a new ‘green-field’ site to the western area of the Lockyer Valley.

Once the Plan has been adopted by Council, community engagement can commence. The Waste Reduction and Recycling Act 2011 states that the Plan must be made available for public comment for at least twenty-eight (28) days.

Prior to the finalisation of the Plan, Council must consider any submission received about the Plan.

4. Policy and Legal Implications

This report and recommendations align with the Waste Reduction and Recycling Act 2011.

5. Financial and Resource Implications

The Plan outlines Council’s high level operational and capital works programs for waste management for the next three (3) years.

The Plan will also provide a waste management framework beyond the three (3) year window.

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6. Delegations/Authorisations

No further delegations are required to manage the issues raised in this report. The Chief Executive Officer and Executive Manager Corporate and Community Services will manage the requirements in line with existing delegations.

7. Communication and Engagement

The Plan will be made available for community comment for at least twenty-eight (28) days in line with statutory requirements contained within the Waste Reduction and Recycling Act 2011. It is proposed that this community engagement will commence once the Plan has been adopted by Council with public notices appearing in local media as well as on Council’s website and in social media.

8. Conclusion

To ensure Council has a current Waste Reduction and Recycling Plan in place as required by the Waste Reduction and Recycling Act 2011, the Plan is to be adopted by Council. Once the community engagement period has concluded, Council will consider any submissions that have been received prior to final adoption of the Waste Reduction and Recycling Plan.

9. Action/s

That the Plan be made available for community engagement for a minimum period of at least twenty-eight (28) days. Prior to finalising the Waste Reduction and Recycling Plan, Council must consider any submissions received about the draft Plan.

Attachments 1⇩ LVRC WasteStrategy Draft 32 Pages

Page 240 Waste Reduction and Recycling Plan Attachment 1 LVRC Waste Strategy Draft

Attachment 1 12.3 Page 241