Agenda
Ordinary Meeting
Monday, 9 December 2019
Time: 9:00am Location: Council Chambers 82 Brisbane Street BEAUDESERT QLD 4285
All correspondence to Scenic Rim Regional Council Beaudesert Administration Centre P: 07 5540 5111 F: 07 5540 5103 be addressed to the PO Box 25 Boonah Administration Centre P: 07 5463 3000 F: 07 5463 2650 Chief Executive Officer BEAUDESERT QLD 4285 E: [email protected] ABN: 45 596 234 931 W: https://www.scenicrim.qld.gov.au/
Ordinary Meeting Agenda 9 December 2019
Scenic Rim Regional Council Ordinary Meeting Monday, 9 December 2019 Agenda
1 Opening of Meeting ...... 5
2 Attendance ...... 5
3 Apologies ...... 5
4 Prayers ...... 5
5 Declarations of Interest by Members ...... 5
6 Update for Register of Interests ...... 5
7 Announcements ...... 5
8 Reception of Deputations by Appointment ...... 5
9 Confirmation of Minutes ...... 5
10 Business Arising from Previous Minutes ...... 5
11 Consideration of Business of Meeting ...... 6
Customer & Regional Prosperity ...... 6
11.1 Scenic Rim Biodiversity Strategy Update ...... 6
11.2 Building Better Regions Fund Community Investment Stream ...... 12
11.3 Regional Arts Development Fund Round 1 2019-2020 ...... 14
11.4 New Mobile Library Service Model ...... 18
11.5 Proposed Strategic Land Use Planning Program 2020-2025 ...... 27
11.6 MCU18/175 Development Permit for Material Change of Use for Tourist Facility (Health Retreat) and Tourist Cabins (6), 1-3 Lahey Road, Tamborine Mountain TJ Kelly Surveys Pty Ltd Lot 48 RP32116 ...... 35
11.7 MCU19/009 Development Permit for Material Change of Use for Outdoor Sports, Recreation and Entertainment (Mountain Bike Trail), Mr Isaac Makelainen, c/- Pro Town Planners Pty Ltd, Lots 103 and 105 WD601 ...... 66
Page 2 Ordinary Meeting Agenda 9 December 2019
Asset & Environmental Sustainability ...... 124
11.8 Inquiry into the management of the Inland Rail project by the Australian Rail Track Corporation and the Commonwealth Government ...... 124
11.9 Renaming of Dugandan Oval, Boonah ...... 132
11.10 Request for Council to accept Trusteeship of the Harrisville Cemetery ...... 137
11.11 Building Better Regions Fund Round 4 Grant Funding ...... 147
11.12 Tamborine Mountain Sports Association Interim Lease ...... 150
12 Miscellaneous Business...... 152
12.1 Notice of Motion by Cr O'Carroll - Climate Change ...... 152
13 Confidential Matters ...... 153
13.1 Main Street Shopping Body Corporate [Closed s.275(1)(h)] ...... 153
13.2 Boonah Airfield Future Operations [Closed s.275(1)(h)] ...... 153
13.3 Building Better Regions Fund Infrastructure Stream Round 4 - Scenic Rim Agricultural Industrial Precinct Application [Closed s.275(1)(h)] ...... 153
13.4 Tourism Advisory Committee Meetings 2018-2019 [Closed s.275(1)(h)] ...... 154
Page 3
Ordinary Meeting Agenda 9 December 2019
1 Opening of Meeting
2 Attendance
3 Apologies
Nil
4 Prayers
Wes Bust from the Salvation Army Church will offer prayers
5 Declarations of Interest by Members
6 Update for Register of Interests
7 Announcements
8 Reception of Deputations by Appointment
9 Confirmation of Minutes
Ordinary Meeting - 25 November 2019
10 Business Arising from Previous Minutes
Page 5 Ordinary Meeting Agenda 9 December 2019
11 Consideration of Business of Meeting
Customer & Regional Prosperity
11.1 Scenic Rim Biodiversity Strategy Update
Executive Officer: General Manager Customer and Regional Prosperity
Item Author: Team Leader Environmental Policy and Services
Attachments: Nil
Executive Summary
This report provides an update regarding actions being undertaken under the Scenic Rim Biodiversity Strategy (the Strategy).
Recommendation
That Council note the update regarding the Scenic Rim Regional Council Biodiversity Strategy and note the formal review of the Strategy will occur during the 2020 calendar year.
Previous Council Considerations / Resolutions
On 22 September 2015, Council adopted the Scenic Rim Biodiversity Strategy.
Report / Background
On 15 September 2015, at the Corporate and Community Services Committee, Council recognised the importance of biodiversity in contributing to the ecological balance that the regions important agricultural and tourism industries require to thrive. In recognising this need to improve the region's biodiversity, a Strategy was developed to inform Council planning and operational activities. Five years on, the Strategy has served as a guiding document in the delivery of several environmental programs, projects and actions.
Outcomes and Achievements
The Strategy is now approaching the halfway point of delivery and has resulted in several success stories in the fields of natural resource management, habitat improvement and species recovery. Since commencement of the Strategy, a total of $2 million has been invested in biodiversity improvement in the region through direct and in-direct investment. Successful investment has included: • Success in three separate fire management grants to the value of $132,000 regarding construction and maintenance of fire infrastructure as well as investigation into improved fire risk assessment. • Projects to improve river resilience across the Logan/Albert catchment and Bremer River Catchment including direct investment in weed management, revegetation and industry engagement. • Treatment of biosecurity threats across state controlled road networks to reduce the impact of invasive species on the local environment. • Specialist projects on Council reserves to offset, rehabilitate and enhance areas for rare and threatened species.
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In addition to investment in the region, Council continues to work on significant environmental programs in support of biodiversity.
Some of the key programs are provided below:
One Million Trees Program
The One Million Trees Program is proving popular amongst our rural and town communities, reflecting the interest in leveraging environmental processes in rural production and restoration of degraded areas.
The Program assists landholders to access trees suitable for their needs through four initiatives: • Rural Trees for pasture improvement, stock shelter and wind breaks; • River Trees for top soil retention, stabilisation, water security and supply; • Habitat Trees supporting our Habitat Protection Program participants; and • Community Trees supporting local groups and organisations do planting days and achieve Landcare projects.
The Program has leveraged external corporate support, assisting Council to strive for the One Million Trees target and rehabilitate degraded areas for community enjoyment.
To date, the Program has supported the planting of 387,612 plants consisting of 663 projects across the region. These projects include Council revegetation projects, community projects and private landholders who have applied under the One Million Trees Program.
Environmental Grants
Scenic Rim residents and environmental groups have shared in more than $477,882 of funding under Council’s Environmental Grants Program since commencement of the biodiversity Strategy.
In total, 130 applications have been assessed for a variety of projects including re-vegetation and weed control, endangered ecosystem and species management, sustainable property management and koala habitat enhancement.
Environmental Groups and Land for Wildlife property owners have had a huge part to play in this enhancement with over $826,305 of in-kind and direct financial contribution in environmental improvement. Council would like to recognise the importance of these groups and individuals in their commitment to improving the biodiversity of the Scenic Rim.
Habitat Protection and Land for Wildlife
Scenic Rim landowners have continued to play an important role in preserving and enhancing the natural environment by working in partnership with Council to maintain habitat for native plants and animals on private property.
Council's Habitat Protection Program has continued to grow with over 300 Land for Wildlife (LfW) properties protecting over 11,000 hectares of habitat and working to restore 1,677 hectares of land. Council's LfW officer continues to provide expert advice, resources, native plants and support to the Land for Wildlife Community.
Council's commitment includes, in some instances, the loss of rates income from these properties.
Item 11.1 Page 7 Ordinary Meeting Agenda 9 December 2019
Bushland Reserve and Roadside Management
Council continues to maintain the 441 hectare Bushland Reserve network for risks from invasive plants and animals and has worked on several key revegetation projects located across the region with Skilling Queenslander Teams. The current team is now diverted to critical recovery works following the recent bushfire events and continues to provide Council and the local community with support and employment opportunities. Roadside weed management continues to be a growing focus of Council with weed officers treating and inspecting in excess of 15,000 kilometres of roadside, over the life of the Strategy, in the management of new and emerging biosecurity threats in the region. The increased efforts in weed management has resulted in reductions in environmental weeds and primary production weeds that can reduce biodiversity.
Waterway Improvement
The Scenic Rim’s riparian areas have been enhanced through key partnerships with a number of organisations working to improve the quality of the region’s waterways. During the last five years, Council has partnered with Healthy Waterways and SEQ catchments on projects to better understand salinity in the region and develop projects to improve areas currently affected by Salinity.
In more recent times, Council has worked closely with Healthy Land and Water on several projects and programs including regional riparian weed treatment programs, delivery of workshops and close consultation regarding the report card.
Other projects have included key works with the Gold Coast Catchment Association and local Landcare groups to deliver revegetation projects, removal of invasive weeds and carry out critical bank stabilisation works at Tamborine Mountain and Beechmont.
Since commencement of the Biodiversity Strategy, the Scenic Rim Rivers Improvement Trust in partnership with Council, has delivered over 190 kilometres of weed treatment and follow up treatment across areas of the Albert, Upper-Logan and Bremer Rivers and in the Upper-Teviot Brook and Upper Warrill Creek catchments.
More recently, the Resilient Rivers Initiative has provided Council with the capacity to undertake engagement with non-commercial landholders on the Logan River near Allenview in treating several kilometres of riparian weeds and undertaking significant planting projects along the Logan River.
This program is now expanding to include primary producers such as turf farmers and commercial cattle graziers. The management of erosion and sedimentation within construction sites in the region continues to be reviewed to identify opportunities for process improvements.
Working Together and Building Knowledge
Council continues to partner with a variety of organisations with key connections established with universities, non-government organisations, local governments, community groups and catchment associations in the delivery of projects across the themes of weed management, rare and threatened species, waterway improvement and natural resource management.
Some of Council's partnerships include: • South East Queensland Fire and Biodiversity Consortium; • Glossy Black Conservancy; • Resilient Rivers Initiative; • Richmond Birdwing Conservation Network; • Border Ranges Alliance; • The Little Liverpool Range Initiative, and • Macadamia Conservation Society.
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Partnerships and support for local Landcare groups and environmental groups continues to grow stronger with support and partnerships provided to over 16 community groups across the Scenic Rim region. These groups continue to display dedication to the improvement of the natural environment spending countless hours in Council reserves and private properties on key education, revegetation and restoration projects.
A wide range of community education programs have been delivered since commencement of the Biodiversity Strategy to raise awareness of environmental issues to help preserve the Scenic Rim’s natural values and biodiversity.
In excess of 41 events have been held including topics such as fire management, weed management, pest animal management, community planting events, fauna workshops and nestbox construction for native wildlife.
Publications have been developed including the Reptiles of the Scenic Rim and The Boonah Scrub as well as several factsheets providing information on regional ecosystems and revegetation.
Council continues to develop better information regarding biodiversity in the Scenic Rim and has undertaken key studies on koala populations in the Aratula and Peak Crossing Regions.
In addition, flora and fauna surveys and pest surveys have been undertaken in key reserves across areas including Tamborine Mountain, Beaudesert and Boonah. Citizen Science projects such as the Tamborine Mountain Bioblitz have also proven successful with identification of several species in Tamborine Mountain.
Next Steps
Upon reflection, the Strategy has served as a guiding document for environmental management in the Scenic Rim region. The Strategy's actions have aligned Council's on-ground actions resulting in greater service delivery.
The opportunity is now to contemporise the Strategy to better respond to new and emerging threats. With the timely review of the Strategy in 2020, Council now has an opportunity to look ahead to the next five years and beyond in refining Council's principal document for the protection and improvement of biodiversity in the region.
It is anticipated once the review of the Strategy is completed that a 'report card' will be prepared to report the outcomes and achievements to the community.
Budget / Financial Implications
Operational budget for the 2019-2020 budget year is $766,700.
Strategic Implications
Operational Plan
Theme: 1. Spectacular Scenery and Healthy Environment
Key Area of Focus: 1.1.1 Recognise, preserve and enhance the region's unique biodiversity
Legal / Statutory Implications
Not applicable.
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Risks
Strategic Risks
The following Level 1 and Level 2 (strategic) risks are relevant to the matters considered in this report:
SR41 Inadequate or lack of appropriately defined service Levels in place resulting in failure to deliver or meet appropriate expectations of stakeholders.
SR52 Ineffective and/or unrealistic strategic plans which are not appropriately scoped or resourced, resulting in missed opportunities, re-work, failure to deliver objectives and loss of confidence by community.
Risk Assessment
Category Consequence Likelihood Inherent Treatment of risks Residual Risk Risk Rating Rating
Environmental Moderate Likely High Applications assessed Medium separately by three Failure to deliver Council staff members effective and referred to environmental supervisors for outcomes. approval.
Reputation Moderate Possible High Applications assessed Medium by a panel in a timely Failure in manner against set satisfying criteria. community expectations.
Legal Compliance Moderate Unlikely Medium Applications assessed Low and Liability by a panel in consideration of Failure in potential for any legal satisfying legal requirements. requirements.
Consultation
Public consultation was undertaken during development of the Strategy. Continual consultation occurring with a variety of organisations including universities, non-government organisations, local governments, catchment groups and community groups.
The Tamborine Mountain Progress Association have been seeking the release of information to the community as to the progress against this Strategy.
Item 11.1 Page 10 Ordinary Meeting Agenda 9 December 2019
Conclusion
In conclusion, the Strategy continues to function as a guiding document for environmental services, actions, and operations.
The timely review of the Strategy in 2020 presents an opportunity to rejuvenate actions, better align objectives and redefine strategic scope. With this redefinition, action can be better guided to ensure timely and effective delivery of environmental, economic and social outcomes for the community.
Item 11.1 Page 11 Ordinary Meeting Agenda 9 December 2019
11.2 Building Better Regions Fund Community Investment Stream
Executive Officer: General Manager Customer and Regional Prosperity
Item Author: Manager Community and Culture
Attachments: Nil
Executive Summary
Council have an opportunity to apply for funding for projects in the Building Better Regions Fund Round 4 - Community Investment Stream grants.
Recommendation
That Council approve applications being submitted to the Building Better Regions Fund Round 4 - Community Investment Stream for the development of the Scenic Rim Community and Culture Strategy and the Scenic Rim Smart Region Strategy.
Previous Council Considerations / Resolutions
Not applicable.
Report / Background
There is an opportunity to apply for funding to help develop the Scenic Rim Community and Culture Strategy and the Scenic Rim Smart Region Strategy through the Building Better Regions Fund Round 4 - Community Investment Stream.
The Community and Culture Strategy which will be an integrated strategy across all areas in the unit including Community Development, Cultural Services, Libraries and Customer Service will be developed ensuring that it reflects an inclusive community and addresses the needs of the community during the drought.
The Scenic Rim Smart Region Strategy will address regional issues identified by the Smart Region Strategy Working Group including the delivery services and attracting investment and growth to the region. Development of the Smart Region Strategy will provide Council with clear direction and will be used to inform any future funding applications and drive both internal and external focused outcomes.
The SEQ City Deals presents a transformational opportunity of achieving a 'smart digital region' and includes pursuing reliable, high performance digital capability that is critical to enabling data and digital connectivity to enable business growth. To capitalise on this opportunity, Council needs to ensure the region is poised with strategic position and well developed Smart Region Strategy.
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Budget / Financial Implications
Council currently have funding in the 2019-2020 budget that can be used as a contribution towards the funding from the Community Investment Stream.
Community Development Community and Culture Strategy $80,000 Economic Development/Tourism Smart Regions Strategy $150,000
Strategic Implications
Operational Plan
Theme: 7. Healthy, Engaged and Resourceful Communities
Key Area of Focus: 4.1.2 Assist the Scenic Rim community transition to a smart and innovative region
Legal / Statutory Implications
Not applicable.
Risks
Strategic Risks
The following Level 1 and Level 2 (strategic) risks are relevant to the matters considered in this report:
SR54 Ineffectively managing the political and government departmental relationships/partnerships, resulting in Council not achieving its major strategic objectives.
Risk Assessment
Category Consequence Likelihood Inherent Treatment of Residual Risk risks Risk Rating Rating Reputation Minor Possible Medium That consultation and Low open and transparent Minor local community conversation will be concern manageable part of the through good public development of any relations strategies.
Consultation
All Coordinators within the Community and Culture Unit were consulted in the preparation of this report. Smart Region Strategy Working Group have considered the development of a Smart Region Strategy.
Conclusion
Council is requested to consider progressing the opportunity to leverage against current funding to contribute towards existing budgets for the development of two strategies Scenic Rim Community and Culture Strategy and the Scenic Rim Smart Region Strategy.
Item 11.2 Page 13 Ordinary Meeting Agenda 9 December 2019
11.3 Regional Arts Development Fund Round 1 2019-2020
Executive Officer: General Manager Customer and Regional Prosperity
Item Author: Cultural Officer Heritage, Public Art and RADF
Attachments: Nil
Executive Summary
The purpose of this report is to advise Council of the applications made to the Scenic Rim Regional Arts Development Fund Program (RADF Program) 2019-2020 Grant Round 1, which have been assessed by the Scenic Rim Arts Reference Group (ARG) chaired by Cr O'Carroll, and to submit to Council for consideration their recommendations for the distribution of the funds.
Recommendation
That Council approve the allocation of grants under the Scenic Rim Regional Arts Development Fund Program 2019-2020 Grant Round 1, as recommended by the Scenic Rim Arts Reference Group, for a total of $25,000 as follows:
Amount Individual/Group Project Allocated
Alick Kilsby Parker Sounds $12,075 Noosa Film Academy Youth Engagement Greg Huglin Filmmaking Workshop Roadshow $5,000 Friends of Tamborine Why Stories Matter $4,464 Mountain Library Inc Tamborine Mountain Queensland Symphony Orchestra Comes to the Orchestral and Choral $3,461 Mountain Society
Previous Council Considerations / Resolutions
Not applicable.
Report / Background
The RADF Program supports the professional development and employment of arts and cultural workers in regional Queensland. RADF is a partnership between State Government, through Arts Queensland and Council. The program provides funding for one-off, short-term projects that offer professional arts, cultural and heritage opportunities.
For 2019-2020, local artists and cultural workers can apply to RADF under the curatorial themes of: • Transforming People; • Transforming Place; • Transforming Attitudes; and • Transforming Access.
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Applications are assessed by the ARG against criteria based on Council's RADF guidelines, priorities identified in Arts and Cultural Policy and Corporate Plan and Arts Queensland's Key Performance Outcomes.
Outlined below is the process for Round 1: • A two-stage application process has been implemented successfully; • The RADF Liaison Officer provided assistance, through one-on-one sessions, to applicants prior to the closing date; • Eight Stage 1 - Snapshot applications were received and reviewed by the ARG with four shortlisted for Stage 2 - Full Applications; • These applications were assessed on 18 November 2019; • The assessment process was completed by the ARG with recommendations made to Council for a final decision; and • Grant Round 1 will be for projects that commence after 1 January 2020.
All applications below were deemed successful during the Stage 2 assessment process.
The following grants are recommended for approval:
Total Individual/ Strategic Amount Amount Project Artform Project Group Theme Requested Allocated Value
The grant will be used towards the costs of developing a full-length album, written and performed by Scenic Rim musician, Parker Sound. RADF will Transforming Alick Kilsby Music $33,060 $13,000 $12.075 support the technical, People logistical, and collaborative aspects of Parker’s LP which will comprise of the production, promotional and documentative stages. The grant will be used towards the costs of delivering hands-on one day filmmaking workshops, Academy Award Winning Cinematographer Greg Greg Transforming Huglin (The Cove), will Film $19,350 $5,000 $5,000 Huglin People share 50 years of international career knowledge building up the filmmaking capacity of Scenic Rim youth and creative industry educators. The grant will be used Friends of towards the costs of Tamborine Transforming two day multi-arts and Writing $11,789 $4,464 $4,464 Mountain Attitudes cultural event, Five Library Inc. Senses Festival. The
Item 11.3 Page 15 Ordinary Meeting Agenda 9 December 2019
Friends of Tamborine Mountain Library will host renowned author and speaker Jackie French to conduct four separate events: two workshops aimed at children and young adults, and a presentation and a panel discussion aimed at adults. The grant will be used towards the costs of bringing a conductor and musicians from the Queensland Symphony Orchestra to mentor and perform side-by-side Tamborine with the Tamborine Mountain Mountain Orchestra and Transforming Orchestral Music $7,400 $3461 $3,461 Tamborine Mountain People and Choral High School students. Society Participants will benefit from the expertise of a visiting professional conductor and from working closely with musicians from the State orchestra
$71,599 $25,025 $25,000
Budget / Financial Implications
Through the RADF Program, Council received a $40,000 funding allocation from Arts Queensland. As per the partnership agreement with Arts Queensland, Council’s contribution to the funding pool is $30,000. There is also a balance of $3,970 of allocated funds brought forward from the 2018-2019 program bringing the total allocation of funds for the 2019-2020 RADF Program to $73,970.
With a budget of $50,000 allocated across two Grant Rounds, $25,000 is allocated for Round 1, which equals the recommendations listed in this report.
In addition to the two RADF Grant Rounds per year, the remaining $23,970 of the 2019-2020 RADF Program will fund the following initiatives: • $5,000 is allocated to the Express Lane, Quick Response Grants for Professional Development, • $8,970 is allocated to the Launch Pad, Young Creatives Grant, and • $10,000 was allocated to a Strategic Initiative to develop the Mununjali Arts Hub and First Nation Legacy project as part of Arts Ablaze .
Item 11.3 Page 16 Ordinary Meeting Agenda 9 December 2019
Strategic Implications
Operational Plan
Theme: 7. Healthy, Engaged and Resourceful Communities
Key Area of Focus: 7.1.1 Build capacity to improve health and wellbeing in the community
Legal / Statutory Implications
The RADF Partnership is formalised through an Agreement signed by Council and the Queensland Government through Arts Queensland.
Risks
Strategic Risks
The following Level 1 and Level 2 (strategic) risks are relevant to the matters considered in this report:
SR54 Ineffectively managing the political and government departmental relationships/partnerships, resulting in Council not achieving its major strategic objectives.
Risk Assessment
Category Consequence Likelihood Inherent Treatment of Residual Risk Rating risks Risk Rating Reputation Minor Unlikely Low Manage through Low documented Minor local processes taken community during assessment concern manageable through good public relations Political Minor Unlikely Low Complying with Low objectives of funding Adverse agreement recommendations Transparent reporting made by State of assessment Government or communication State Agency
Consultation
The Scenic Rim Arts Reference Group is chaired by Cr O'Carroll and comprises of nine community representatives who assess the grant applications against criteria based on RADF Program Guidelines and priorities identified in Council’s Arts and Cultural Policy and Corporate Plan.
The ARG review all RADF applications at both the Snapshot and Full application stages.
Conclusion
The ARG recommendations are presented to Council for consideration and approval of the allocation of grants as recommended under the RADF Program 2019-2020 Grant Round 1 for a total of $25,000.
Item 11.3 Page 17 Ordinary Meeting Agenda 9 December 2019
11.4 New Mobile Library Service Model
Executive Officer: General Manager Customer and Regional Prosperity
Item Author: Regional Librarian
Attachments:
1. Outreach consultation survey results ⇩
Executive Summary
This report outlines the proposed new library mobile service model to replace the discontinued prime mover and mobile library trailer service that has reached the end of its useful life.
Council has previously agreed to the cessation of the mobile library service in its current format to be replaced with a new and yet-to-be defined model of service delivery.
Recommendation
That Council note the following changes to the region's library service, which incorporates a new mobile library service model, which will be widely publicised and be delivered to regional areas as outlined below:
1. A new long wheel-base, extra-high multi-purpose van will be purchased, which will be brightly vinyl-wrapped (generic Scenic Rim branded) and outfitted with custom shelving to contain a small travelling collection of library items;
2. This new vehicle will visit townships on a regular rotation in addition to flexible adhoc visits to locations such as day care centres, schools, nursing homes, retirement villages, and clubs;
3. Regular visits to Hillview will cease effective 6 December 2019;
4. Hillview will be included in school holiday activities and other special occasion visits from January 2020;
5. The possibility of adding additional locations to the fortnightly timetabled van visits will be investigated and once the locations, exact days and times for regular visits to each location are determined, the details will be widely advertised;
6. Propose regular inclusion of other Council Officers on rotation with the van to provide other Council information and education services in conjunction with library services, for example disaster resilience, healthy and active, waste and environmental education; and
7. The relevant communication will be distributed to advise locals and library users of this change of service.
Previous Council Considerations / Resolutions
Not applicable.
Item 11.4 Page 18 Ordinary Meeting Agenda 9 December 2019
Report / Background
The interim mobile library service has been continued in a very limited capacity through the use of a rental van for delivery of reservations and on-site impromptu training sessions in the use of the library catalogue and e-resources. The van has been stopping at local halls rather than the old mobile library truck stops in order to access electricity and to be able to sit and meet with customers.
Library casual Officers were tasked with carrying out this service in addition to engaging with the communities and obtaining feedback. A series of morning/afternoon teas were also held at each location to discuss with, and receive feedback from, community members regarding possible options for the continuation of library services in a more flexible way and to meet the needs of a wider range of members.
Where possible, the local Councillor attended each of these sessions and it was evident that these discussions and the presentation of options/alternatives went a long way toward easing fears of losing the service altogether. Additionally, survey forms were distributed.
The results of these conversations are summarised below:
The overwhelming conclusion resulting from the surveys, morning and afternoon tea sessions and general conversation with the community has been that the mobile library was a much loved service despite the declining use.
At each location, participants were uniformly concerned about the loss of service, however, this was centred around the role that libraries play in bringing people together. This new mobile service model has three distinct changes:
1. Replacement of the prime mover and mobile library trailer with a smaller vehicle
As discussions were held in the different townships and possible scenarios floated, all participants reacted very positively to the idea of a smaller van visiting not only local halls on a regular basis but also visiting schools, nursing homes and other locations on an ad hoc basis. The trend towards smaller vans is growing and such vans are common both nationally and internationally.
Our favoured model is the Christchurch (NZ) City Libraries van shown below:
Item 11.4 Page 19 Ordinary Meeting Agenda 9 December 2019
More images are available via: https://www.flickr.com/photos/christchurchcitylibraries/albums/72157609812597501
These vehicles are typically a long or extra-long wheel base vehicle with an extra high roof, steps, rear ramp and awning . They can easily be fitted out with regular shelving (attached to side wall lining) and wheeled trolleys. Other equipment required would include mobile WiFi, laptop, docket printer, folding tables and chairs. Power is supplied by battery (rechargeable).
The advantage of these smaller vans is that they can be driven with only a C class licence, they can be parked almost anywhere and set up and pack up times are significantly reduced. This creates much greater flexibility and presents opportunities to visit places not accessible to the larger mobile library.
The new multi-purpose van will be brightly vinyl-wrapped (generic Scenic Rim branded) and outfitted with custom shelving to contain a small travelling collection of library items. Additionally, Officers from other areas of Council will be able to attend different communities to provide information, education and engagement sessions.
2. Timetable changes
The previous mobile library service attended eight separate locations and remained there for six hours. As usage fell, this created significant down time for the mobile library operator. It is suggested that each location be visited for a shorter period, thus creating available times to increase the number of locations visited.
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The proposed new timetable will include: • Regular fortnightly visits to each township to enable regular borrowing of library items. These visits would typically be for a period of 2-3 hours and visiting two locations per day. Locations visited would remain the same with the exception of Hillview, although school holiday activities would continue there. • An additional regular timetable of visits specifically for classes and programs such as computer classes and/or regular visits by other Council staff for community information sessions • Regular story times and school holiday activities in conjunction with the First 5 Forever program. • Regular and ad hoc visits to retirement and nursing homes, schools, play groups or day care centres. • This arrangement also creates the opportunity for other Council officers to accompany library staff to various locations, offering education and information sessions about different Council functions, for example disaster resilience, healthy and active, waste and environmental education. A regular program of visits to be scheduled in collaboration with other Council teams and included in library advertising. • Regular visits and special interest visits to be grouped together to enable collections to be refreshed and changed to meet different age and/or interest groups. For example - increase children's content for school and day-care visits; increase large print items, talking books and magazines when visiting nursing homes.
Most importantly, the new timetable needs to be heavily advertised and marketed with an emphasis placed on the ability for residents to request special visits anywhere in the region.
Budget / Financial Implications
Current library operational budget allocation would cover the cost of maintaining this new mobile service.
Library Services is working with Fleet to sell the decommissioned prime mover and mobile library trailer and purchase the new customised multi-purpose van within the current fleet budget allocations. Proceeds of the sale will offset any costs of purchasing the customised van.
Strategic Implications
Operational Plan
Theme: 7. Healthy, Engaged and Resourceful Communities
Key Area of Focus: 7.1.2 Provide contemporary library services across the region that reflect the needs of the community
Legal / Statutory Implications
Not applicable.
Risks
Strategic Risks
The following Level 1 and Level 2 (strategic) risks are relevant to the matters considered in this report:
SR41 Inadequate or lack of appropriately defined service Levels in place resulting in failure to deliver or meet appropriate expectations of stakeholders.
Item 11.4 Page 21 Ordinary Meeting Agenda 9 December 2019
Risk Assessment
Category Consequence Likelihood Inherent Treatment of Residual Risk Rating risks Risk Rating Reputation Moderate Likely Medium Delivery of Low personalised, flexible In comparison to services to as many neighbouring residents as possible, LGAs, SRRC being mindful of the services do not different needs of each meet community expectations
Consultation
Community consultation sessions were held in each township previously visited by the mobile library. These sessions had been widely advertised however attendance numbers were quite low considering the public interest in the mobile library service.
Library officers attended with the local Councillor, where possible (with the exception of locations visited during the recent Sarabah bush fire event), options were discussed and suggestions or feedback sought.
Survey forms were available at all branch libraries, at each site visited, at each consultation session, and on Council's website. A total of 62 responses were received. Most of the responses came from Kooralbyn (18), followed by Beechmont (12), Harrisville and Peak Crossing (7 each), Tamborine Village (6), Kalbar (5), Rathdowney (4) and Hillview (3). A collation of the survey results is included as an Attachment.
The most significant findings were as follows: • 56 out of 62 respondents used the mobile library mainly to borrow books and materials. Other activities such as using computers and WiFi, or participating in school holiday activities, craft groups and book clubs were much less important. While not all services were highly utilised, the survey indicated that all services were still desired - that is: provision of WiFi, ability to collect reservations, computer training, Book clubs, Craft groups, and School holiday activities. • 37 out of 62 respondents had visited one of the main branches in the last three months - all of those branches were the ones closest to their home locations. • Half the respondents (33) reserved items for pickup at an outreach location, and most of these preferred to have a staff member place these reservations for them • Most popular items for borrowing are fiction, large-print, non-fiction, adult DVDs and magazines • Most preferred visiting days tended to be the days on the current timetable and mornings were most popular (mornings - 31, afternoons - 19, all day - 7) • A significant number commented that the ability to browse was a fundamental part of the experience, and that access to computer classes was very important.
Item 11.4 Page 22 Ordinary Meeting Agenda 9 December 2019
Conclusion
Community consultation revealed that the majority of mobile library users understood the need to scale down services. Their most serious concern was that a service should continue, that a collection was available for browsing and school holiday activities continued to be delivered across the region.
There was enthusiastic support for additional visits to institutions such as schools and nursing homes. This new flexible mobile library service model addresses all of these concerns and provides Council with the opportunity to value-add with other areas of council being able to tap into this service, for example disaster resilience, healthy and active, waste and environmental education.
Based on the thorough consultation and review by officers, the new mobile library service model is recommended to Council for consideration.
Item 11.4 Page 23 Ordinary Meeting Agenda 9 December 2019
Item 11.4 - Attachment 1 Page 24 Ordinary Meeting Agenda 9 December 2019
Item 11.4 - Attachment 1 Page 25 Ordinary Meeting Agenda 9 December 2019
Item 11.4 - Attachment 1 Page 26 Ordinary Meeting Agenda 9 December 2019
11.5 Proposed Strategic Land Use Planning Program 2020-2025
Executive Officer: General Manager Customer and Regional Prosperity
Item Author: Senior Land Use Planner
Attachments:
1. Proposed Strategic Land Use Planning Projects 2020-2025 ⇩
Executive Summary
This report provides a proposed program for strategic planning projects for the Land Use Planning Section following and arising from the adoption of the Scenic Rim Planning Scheme.
The program of work identifies projects and outlines the resources required with indicative timeframes. This report also specifically seeks Council's endorsement to commence a region-wide Growth Management Strategy to inform the preferred future growth pattern and further planning investigations for the region in 2020.
Recommendation
That:
1. Council endorse the proposed Strategic Land Use Planning Program 2020-2025, including the preparation of a region-wide Growth Management Strategy to commence in 2020; and
2. Council consider the Strategic Land Use Planning Program 2020-2025 to inform the forthcoming 2020-2021 budget submission and deliberation process.
Previous Council Considerations / Resolutions
Not applicable.
Report / Background
Proposed Program of Work for the Strategic Land Use Planning Team 2020-2025
The delivery of the Scenic Rim Planning Scheme has been a significant project for the Land Use Planning section since 2014. The development of the Planning Scheme was undertaken concurrently with other ongoing projects associated with the current Planning Schemes, including amendments and the preparation of the Local Government Infrastructure Plan (LGIP).
The Scenic Rim Planning Scheme is anticipated to have effect in early 2020 and it is therefore appropriate to establish a program of work for the Land Use Planning section to ensure the continuing development of a robust planning framework that delivers on the objectives of Council's Community Plan and Corporate Plan.
The public consultation of the draft Planning Scheme also raised a number of issues that have been deferred for future detailed review and rather than delay the whole planning scheme, the proposed program of work provides scope for the consideration of matters that require further investigation.
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Although the Planning Act 2016 requires the planning scheme to be reviewed every ten years, it is a living policy document and expected to evolve in order to continue to meet community expectations for development and respond to emerging issues during its lifespan. This requires a program of ongoing amendments to the planning scheme which involve community consultation and a statutory approval process.
A program of work is proposed that allows for a continuing program of planning scheme amendments to keep the planning scheme (including the LGIP) up to date as this is the core business of the team. A number of other projects and investigations are also proposed in response to: • issues identified through the public consultation of the draft Scenic Rim Planning Scheme; and • to ensure that the planning scheme information is easily accessible by all users using best practice methods.
The attached Strategic Land Use Planning Program 2020-2025 illustrates the proposed program of work over the five year period and identifies resources required.
Table 1 below provides details of the proposed projects. The adoption of the new Planning Scheme is included as the first item as it will require the completion of significant administrative tasks and resource allocation in the first quarter of 2020.
A key project proposed to be undertaken from 2020 is the development of an evidence-based Growth Management Strategy to inform the preferred growth pattern for the region based on an extensive analysis of growth assumptions, constraints and opportunities. This strategy would be used to inform the need and priority for the following further investigations, including: • Tamborine Local Planning Investigation; • Beaudesert Local Planning Investigation; • Tamborine Mountain Local Planning Investigation; and • Industrial Land Supply Analysis.
The Growth Management Strategy would establish Council’s preferred pattern for growth in the next review of the South East Queensland Regional Plan using a proactive, rather than reactionary approach.
Table 1: Proposed Land Use Planning Program 2020-2025
No. Project Purpose
1 Adoption and To complete the tasks involved in the adoption and commencement of the Commencement of new planning scheme, including: the Scenic Rim Planning Scheme • Ensuring any Ministerial conditions are complied with and preparing the final version of the planning scheme for publishing on Council's website. • Updating templates and forms used in Development Assessment. • Updating Information Sheets. • Conducting internal and external training for the Scenic Rim Planning Scheme. • Updating Intramaps to reflect planning scheme layers. • Updating TechOne attributes for land to reflect new zoning and potentially overlays. • Updating Council's schedule of Fees and Charges related to planning. • Updating the Adopted Infrastructure Charges Resolution to reflect the new planning scheme. • Assisting with updating Local Laws for consistency with the planning scheme.
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No. Project Purpose
2 Amendment 1 for To address operational matters that arise through the implementation of the the Scenic Rim planning scheme and outstanding matters that were raised during the public Planning Scheme consultation of the draft planning scheme that do not require significant investigation in regard to growth planning.
Potential amendments may include: • Correcting anomalies that are identified through the implementation of the planning scheme; • Investigating options to further enable rural tourism in the planning scheme, including potentially providing for 'temporary' outdoor tourism operators, e.g. abseiling adventure tourism and small scale tourist attractions such as farm tours; • Reflecting any updated State Planning Policy layers, e.g. Bushfire Hazard; • Reviewing Intensive animal industry policy where involving small to medium-scale operations involving non-point odour emissions; • Investigating options for moveable tourist cabins as temporary uses; • Reviewing policy for regulating domestic sheds and outbuildings; and • Reviewing rural subdivision policy where involving creation of lots separated by road reserves and boundary realignment.
3 Scenic Rim Growth A region-wide growth management strategy would inform the preferred Management growth pattern for the region based on extensive analysis of growth Strategy assumptions, constraints and opportunities.
The outcomes of a growth management strategy would assist in addressing a number of other emergent planning issues such as: • Reviewing the logical planning boundaries of localities having regard to such matters as growth projections, presence of values and constraints, sustainable development sequence etc. and subsequently, review of existing Urban Footprint allocation. This review may identify potentially redundant Urban Footprint land (i.e. constrained land in Canungra, good quality production land in Kalbar) or determine a longer development horizon for certain Urban Footprints than that contemplated under ShapingSEQ (i.e. Boonah). The Strategy could also assist Council in the State government's Underutilised Urban Footprint and Land Supply and Development Monitoring program; • Initial review of the preferred development pattern and sequence of the new Urban Footprint expansion areas for Beaudesert released in 2017 (i.e. in addition to residential growth, consideration of corresponding industrial and commercial land requirements and community infrastructure such as P-12 education facilities); • Initial review of the preferred development pattern of the Tamborine Rural Living Area; • Consideration of Tamborine Mountain's role in accommodating regional growth; • Further review of any key submissions received during the consultation of the draft Planning Scheme seeking alternative growth scenarios; • Review of demographic trends and other cross-boundary opportunities and issues with neighbouring local government areas; • Consideration of the progress of the Scenic Rim Agricultural Industrial Precinct and review of progression of the Bromelton State Development Area; and • Consideration of the Potential Future Growth Areas identified for the region in ShapingSEQ, being Beaudesert East and Mundoolun (which is shared with Logan City). Potential Future Growth Areas are recognised as areas that may need to accommodate growth in the long-term but are
Item 11.5 Page 29 Ordinary Meeting Agenda 9 December 2019
No. Project Purpose
not expected to be required to meet the dwelling supply or employment benchmarks identified in ShapingSEQ. It is considered that a Growth Management Strategy could be used to proactively inform Council's position in the next regional plan review process rather than a reactionary approach of responding to draft State policy.
The Growth Management Strategy would involve a significant community consultation component.
4, Planning Studies The Growth Management Strategy would inform the need and priority for 5, informed by Growth subsequent planning scheme investigations and amendments, including: 6 & Management • Local planning investigations for the Tamborine and Beaudesert 7 Strategy Investigation Areas; • Review of the role of Tamborine Mountain in accommodating regional growth benchmarks and potentially a review of the locality's subdivision and residential use policy including retirement facilities; • Industrial land supply analysis to ensure appropriate land is available to enable local employment. 8 Amendment 2 Amendments to implement outcomes of Review of Matters of Local Environmental Significance and Offsets Policy (informed by study led by Environmental Policy and Services).
9 Amendment 3 Allocation for an amendment package to address operational matters and emerging issues.
10 Review of Local The Planning Act requires Council to review its Local Government Government Infrastructure Plan every 5 years. The current LGIP commenced in June Infrastructure Plan 2018 and the next update is required by July 2023.
11 E-plan publishing Use existing TechOne software or appropriate compatible software to project publish the planning scheme as an 'E-plan' format to significantly enhance web usability.
12 Urban Design Undertake a review of streetscape design requirements for master planned Guidelines Review residential estates to ensure new development provides for attractive streets including sufficient off-street parking and landscaping. The project includes consideration of any 'Smart Cities' innovation in urban design.
13 Rural Villages The Growth Management Strategy would assist in identifying the need and Strategy priority of a Rural Villages Strategy and the form it would take. It is recommended that a broader approach be taken to this study to include input from other Council sections, including Tourism and Economic Development and Community and Recreation Planning.
The Tweed Shire Council Study into Rural Villages 2018 is a good example of a holistic study.
14 Amendment 4 Allocation for an amendment package to address operational matters and emerging issues.
15 Infill Guidelines for Informed by the Rural Villages Strategy, this project involves the Streetscapes in development of guidelines for infill development in existing commercial Towns and Villages streetscapes in the Region's towns and villages. Additional heritage provisions may be considered for places such as Boonah, Kalbar and Harrisville.
The project may include the investigation of options for an incentive program for development that contributes to a desired built form and
Item 11.5 Page 30 Ordinary Meeting Agenda 9 December 2019
No. Project Purpose
character (e.g. use of particular colour schemes and the provision of a particular awning style). The guidelines could be used to inform an amendment to the planning scheme.
16 Amendment 5 Amendment Package informed by outcomes of the GMS and subsequent investigations. The amendment package can also address operational matters and emerging issues if required.
Ongoing Tasks in the Land Use Planning Team
In concurrence with the project based work established by the proposed program, the table below provides an overview of the ongoing tasks in the Land Use Planning team that are expected to continue.
Table 2: Ongoing Land Use Planning Tasks
Task
Prepare updates to the Adopted Infrastructure Charges Resolution (AICR).
Implementation and monitoring of the Scenic Rim Planning Scheme including ongoing monitoring of applications to address outstanding matters through an amendment.
Ongoing maintenance of Intramaps and TechOne for Planning Scheme data.
Ongoing response to requests to provide historic planning scheme information.
Ongoing assistance in interpretation of all planning scheme matters - especially for Development Assessment and Compliance enquiries.
Ongoing maintenance and implementation of the Scenic Rim Local Heritage Register includes: • Investigating requests to include a place in the Local Heritage Register; • Assessing the impacts of development affecting a place on the Local Heritage Register; • Issuing Exemption Certificates; • Providing advice about the Local Heritage Register; and • Reviewing and commenting on any proposal to include a place in the Queensland Heritage Register proposed by the QLD Government.
Ongoing review of proposed new State Government Planning Policy Documents, such as: • SEQ Regional Plan; • Land Supply and Development Monitoring Program; • Any proposed policy changes - e.g. amendments to vegetation clearing laws.
Budget / Financial Implications
The program of work proposed in this report is intended to form the basis of future budget submissions and deliberations for the 2020-2021 financial year.
Sufficient budget is available in the 2019-2020 budget to cover the project planning and initiation phase of the preparation of the Growth Management Strategy.
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Strategic Implications
Operational Plan
Theme: 4. Relaxed Living and Rural Lifestyle
Key Area of Focus: 4.1.1 Maintain a clear and comprehensive planning vision for the region
Legal / Statutory Implications
The process for the preparation of planning instruments is outlined in the Minister's Guidelines and Rules (MGR) made under the Planning Act 2016 and prescribed in the Planning Regulation 2017. The MGR will guide the statutory process applied to all relevant projects outlined in the proposed program of work, including minimum consultation requirements and the requirement for a State Interest Review or Ministerial approval.
Risks
Strategic Risks
The following Level 1 and Level 2 (strategic) risks are relevant to the matters considered in this report: SR50 Failure to manage Environmental Sustainability (including climate change) through inappropriate and/or inadequate planning and operational considerations of impacts to the natural environment. SR52 Ineffective and/or unrealistic strategic plans which are not appropriately scoped or resourced, resulting in missed opportunities, re-work, failure to deliver objectives and loss of confidence by community. SR54 Ineffectively managing the political and government departmental relationships/partnerships, resulting in Council not achieving its major strategic objectives.
Risk Assessment
Category Consequence Likelihood Inherent Treatment of risks Residual Risk Rating Risk Rating Financial and Major Unlikely High Establishment and Low Economic implementation of a program that prioritises Failure to the development of appropriately further planning policy prioritise informed by Council's required policy Community and Corporate Plans Legal Major Possible Medium Ensure that a program of Low Compliance and work involves regular Liability monitoring of legislative requirements (e.g. State Failure to Planning Policy) and the manage growth planning scheme is resulting in updated to achieve increased alignment pressure on Council and State infrastructure and amenity expectations
Item 11.5 Page 32 Ordinary Meeting Agenda 9 December 2019
Category Consequence Likelihood Inherent Treatment of risks Residual Risk Rating Risk Rating Infrastructure & Moderate Possible Medium Ensure the planning Low Assets scheme is continually reviewed to respond to Failure to emerging demographic manage growth trends indicating the need resulting in for urban growth and increased community infrastructure pressure on through appropriate land Council and use allocation and State infrastructure planning. infrastructure and amenity expectations
Consultation
Land Use Planning officers have discussed proposed future projects that involve other Council departments with relevant stakeholders, including: • Discussion of the review of the LGIP with Asset Management (Asset and Environmental Sustainability portfolio); and • Discussion of the project involving the review of Matters of Local Environmental Significance with Environment and Policy (Customer and Regional Prosperity portfolio).
Conclusion
A five-year program of work for the Land Use Planning section is proposed to ensure the continuing development of a robust framework that delivers on the objectives of Council's Community Plan and Corporate Plan.
The development of a Growth Management Strategy for the region will be a key project from 2020 that will provide an evidence-based foundation to inform the preferred growth pattern for the region.
The proposed program involving ongoing planning investigations and amendments recognises that the Scenic Rim Planning Scheme will be a living policy document that evolves in order to continue to meet community expectations for development and respond to emerging issues during its lifespan.
Item 11.5 Page 33 Ordinary Meeting Agenda 9 December 2019
Item 11.5 - Attachment 1 Page 34 Ordinary Meeting Agenda 9 December 2019
11.6 MCU18/175 Development Permit for Material Change of Use for Tourist Facility (Health Retreat) and Tourist Cabins (6), 1-3 Lahey Road, Tamborine Mountain TJ Kelly Surveys Pty Ltd Lot 48 RP32116
Executive Officer: General Manager Customer and Regional Prosperity
Item Author: Manager Planning and Development
Attachments:
1. MCU18/175 Proposal Plans ⇩ 2. MCU18/175 SARA Concurrence Agency Response ⇩ 3. MCU18/175 Zone Map ⇩ 4. MCU18/175 Aerial Map ⇩
Executive Summary
The development application seeks approval to establish a Tourist Facility and Tourist cabins. The Tourist facility is comprised of a health retreat and the Tourist Cabins (6) will provide short term tourist/client accommodation.
The applicant states the Tourist Facility (Health Retreat) is aimed at providing short courses, seminars and information sessions on matters of personal health and wellbeing, relaxation and stress management. The health retreat is intended to operate seven days a week between the hours of 8:30am and 6.00pm. Tourist Cabins are proposed to be provided in the form of six cabins for short term accommodation, constructed over two stages. Stage 1 will include Cabins 1-3, with Cabins 4-6 constructed in Stage 2.
Council has undertaken an assessment of the subject application against the relevant assessment benchmarks as prescribed under the Planning Regulation 2017. Through the assessment process, the application is considered to conflict with multiple provisions of the Planning Scheme as follows: • Strategic Framework - 2.2.11 (1) and (2) of the Local Strategies for the Tamborine Mountain Zone; • Zone Code - Overall Outcomes OO16, OO19, OO29, OO49 and OO58; Specific Outcomes SO3, SO7, SO11, SO12 and SO49 of the Tamborine Mountain Zone; • Overlay Code - Specific Outcomes SO7 and SO10 of the Nature Conservation Code; • Development Use Code - Specific Outcome SO1 of the Tourist Cabin Code; Specific Outcomes SO1 and SO4 of the Tourist Facility Code; and • Works Code - Specific Outcome SO1 and SO2 of the Landscape Code; Specific Outcome SO1 of the Parking and Servicing Code.
The abovementioned conflicts were unable to be resolved and could not be reasonably conditioned to comply. As such, it is recommended the application for proposed development be refused.
Recommendation
1. That Council resolve to refuse the development application in respect to the following property:
Real Property Description: Lot 48 RP32116 Address of property: 1-3 Lahey Road TAMBORINE MOUNTAIN Site area: 4,806m2 Proposal: Development Permit for Material Change of Use for Tourist Facility (Health Retreat) and Tourist Cabins - six (6) in two (2) stages)
Item 11.6 Page 35 Ordinary Meeting Agenda 9 December 2019
2. Reasons for Refusal:
No. Reason
1. The proposed development conflicts with the Strategic Framework 2.2.11 (1) and (2) of the Local Strategies for the Tamborine Mountain Zone. 2. The proposed development conflicts with Overall Outcomes OO16, OO19, OO29, OO49 and OO58, and Specific Outcomes SO3, SO7, SO11, SO12 and SO49 of the Tamborine Mountain Zone Code. 3. The proposed development conflicts with Specific Outcomes SO7 and SO10 of the Nature Conservation Code. 4. The proposed development conflicts with Specific Outcome SO1 of the Tourist Cabin Code, and Specific Outcomes SO1 and SO4 of the Tourist Facility Code. 5. The proposed development conflicts with Specific Outcome SO1 and SO2 of the Landscape Code, and Specific Outcome SO1 of the Parking and Servicing Code.
3. Referral Agency Conditions Correspondence (SARA response) dated 23 May 2019 from the Department of State Development, Manufacturing, Infrastructure and Planning is to be attached to this Decision Notice in accordance with Section 56(1)(b)(i) of the Planning Act 2016.
That the Submitter/s be advised of the following: SUBMITTER ADVICE - REFUSAL - Council has considered all matters relevant to this application, including your submission, and has resolved to refuse the application.
5. Administrative Action: Decision Notices be issued in accordance with Section 63 of the Planning Act 2016 to the applicant, submitter/s and referral agencies.
Previous Council Considerations / Resolutions
Not applicable.
Report / Background
Development history
16 May 2018 - Pre-lodgement meeting held with applicant and landowner in relation to development of site for Tourist Facility (Health Retreat) and Tourist Cabins (6).
18 October 1978 - Beaudesert Shire Council issued an Interim Development Permit (IP 84) for a Retail Plant Nursery over Lots 46, 47 and 48 RP32116. There are no records indicating the nursery ever established or operated. The proposed development subject of the current application is only for Lot 48 RP32116.
Proposal
Tourist Facility (Health Retreat)
The facility will operate primarily on an appointment basis and will cater for small groups. Clients may be transported to the site by mini buses or private vehicle. Retreat sessions will take around half a day although some may be longer. A typical session caters for approximately 10 persons with a maximum of 20 persons. The health retreat building is single storey, with a maximum height of approximately 6.5 metres.
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The design is open plan with a gross floor area of approximately 289m², with a further area of decks and water features surrounding the building. The total building footprint is including these features is 504m². To put this in perspective the average residential dwelling house on Lahey Road has a footprint of approximately 350m2 or less.
The health retreat building will contain a small restaurant/café area for guests and clients. The restaurant/café will be ancillary to the retreat. Meals will be offered as part of the pre-booked sessions and also for guests staying overnight in the cabins. The restaurant/café is not intended to be open for the general public.
Tourist Cabins
The design and materials proposed for the cabins are intended to complement the design of the proposed health retreat building. The cabins have a gross building footprint of 63.36m² and have a combined footprint of approximately 380m². Each cabin contains a single bedroom, bathroom with a small living area and kitchenette.
It is noted that when combined with the building footprint of the health retreat, the total building footprint is approximately 884m2 which is approximately 18% of the site. The average site cover for a Dwelling house and out buildings on Lahey Road is approximately 12% or less.
The applicant proposes to utilise a prefabricated/component system to assemble the cabins on site. The cabins will be on piers sitting approximately 600mm above the natural ground level with maximum height of the structures approximately 7.4 metres above natural ground level.
Access and parking
Vehicular access to the development, including cabins will be via a new crossover to be constructed along Lahey Road. No vehicle access to Main Western Road is proposed. It is a condition of TMR approval limiting vehicle access to Lahey Road only.
A total of 9 car parks plus 1 PWD space, will be constructed adjacent to the main building. It is not proposed to hard seal the carpark but use compacted earth/gravel to reduce to the extent of impervious areas. Direct vehicular access to the cabins is not proposed.
Services
The development is proposed to be self-sufficient in regards to water supply. Wastewater treatment will be managed by on-site sewage facility (OSSF). Electricity and telephone services are available for connection. No effluent report or specific treatment details have been provided as part of the subject application.
Stormwater
It is proposed to manage stormwater/drainage by harvesting and storing on site for reuse. The development has been designed to reduce the amount impermeable surfaces in an effort to reduce the volume of surface runoff.
Bushfire
The site is mapped as Medium Bushfire Hazard risk. It is noted the Draft Scenic Rim Planning Scheme and State bushfire mapping identifies the bushfire hazard risk as Very High. The applicant has submitted a Bushfire Management Report (FM4082) prepared by Eldon Bottcher Architects Pty Ltd dated 12 December 2018 to support the application. The report concludes the development has a Bushfire Attack Level (BAL) of 12.5-19 and proposed buildings/structures can be safely located on the site provided the recommendations of the report are adhered to.
Item 11.6 Page 37 Ordinary Meeting Agenda 9 December 2019
Ongoing management measures proposed by the report include fire access trails, prompt removal of deadfall/damaged trees, buildings/structures compliant with Australian Standard for Bushfire Prone Areas, and minimum of 5,000 litres water storage for firefighting per building (total 35,000 litres) to be available at all times.
Grounds
The applicant states buildings and infrastructure will be designed and positioned to maximise retention of significant trees and vegetation. Structures have been designed to allow them to be positioned amongst the trees and with an intention to limit impacts on the ecological values of the land. The applicant contends that the vegetation will remain a dominant feature of the site. Water and other natural elements feature in the design of the retreat.
Characteristics of site & surrounding environment
The development site is situated on the east side of Main Western Road opposite the western escarpment of Mount Tamborine. Allotments on Lahey Road are within the Rural Character Precinct. Surrounding land use is predominantly larger lots included in the Countryside Precinct and utilised for residential and rural uses. Much of the land along the western escarpment is in the Conservation Precinct and includes National Park.
Lahey Road is predominately single detached dwelling houses on acreage sized lots. The showgrounds, National Parks and Lookouts are also accessed from this road. Main Western Road is the primary north-south route across Mount Tamborine. Lahey Road provides an alternative north south route via connection to Long Road and hence to 'Gallery Walk' and onto MacDonnell Road.
Figure 1 - Locality - Queensland Globe 2019
Item 11.6 Page 38 Ordinary Meeting Agenda 9 December 2019
Figure 2 - View of Lahey Rd frontage and proposed access
Figure 3 - View of Lahey Rd looking towards Main Western Rd with site on the left
Item 11.6 Page 39 Ordinary Meeting Agenda 9 December 2019
Development Assessment
Site inspections/walkovers were carried out by Council Officers on 14 August 2019 and 8 October 2019.
An issue was identified at the site walkover on 8 October 2019 concerning the accuracy of the vegetation mapping and proposed building footprints not aligning with surveyed building footprints as pegged on site. The applicant was requested to provide Council Officers with a site plan that reconciled the onsite pegged building footprints with vegetation mapping.
An accompanying arborists report was also requested to identify those trees impacted due to proximity to the buildings and able to be trimmed and or removed as exempt for safety reasons. Discussion with the applicant's vegetation consultant identified the proposed walking path could be reduced in width and realigned to avoid significant vegetation.
Framework for assessment
Categorising instruments for statutory assessment
For the Planning Act 2016, the following Categorising instruments may contain Assessment benchmarks applicable to development applications:
• the Planning Regulation 2017 • the Planning Scheme for the local government area • any Temporary Local Planning Instrument • any Variation Approval
Assessment benchmarks - Planning Regulation 2017
The following Assessment benchmarks from the Planning Regulation 2017 are applicable to this application: Planning Regulation 2017 Details Assessment benchmarks State Planning Policy (Part E - Environment and Heritage, and Safety and Resilience to Hazards) Shaping SEQ South East Rural Living Area Queensland Regional Plan 2017 Designation
State Planning Policy (July 2017)
The State Interests identified for development of the site are in relation to the protection of biodiversity and management of bushfire hazards.
Biodiversity
"Matters of environmental significance are valued and protected, and the health and resilience of biodiversity is maintained or enhanced to support ecological processes."
The development site contains vegetation of State and local significance. Vegetation on the site forms part of the Core corridor linking areas east of Main Western Road with the National Park to the west. The proposal results in significant clearing of native vegetation and does not enhance the ecological value of the site or neighbouring ecological value areas.
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Shaping SEQ South East Queensland Regional Plan 2017
The development site is located within the Rural Living Area of South East Queensland Regional Plan 2009-2031 (SEQRP). The development is below the threshold dictated by the SEQRP. The proposed development has a tourism focus and is consistent with the intended scale of development outside of the areas designated as Urban footprint. It is consistent with the principles and policies of the SEQRP.
Assessment benchmarks - Beaudesert Shire Planning Scheme 2007 (Planning Scheme)
The following sections relate to the provisions of the Planning Scheme.
Planning scheme Beaudesert Shire Planning Scheme 2007
Strategic Framework land use category Rural Living Area
Local Plan Area Not applicable
Zone Tamborine Mountain zone
Precinct Rural character precinct
Consistent/Inconsistent use Consistent
Assessment benchmarks Zone code 3.7.8 - Tamborine Mountain zone code
Overlay codes 4.2.6 - Infrastructure overlay 4.3.6 - Nature conservation overlay 4.4.6 - Development constraints overlay 4.7.6 - Catchment management, wetlands and waterways overlay
Development/use codes 5.2.95 - Tourist cabins code 5.2.98 - Tourist facility code
Work codes 5.3.2 - Advertising devices code 5.3.6 - Construction and infrastructure code 5.3.10 - Landscape code 5.3.13 - Parking and servicing code
Strategic Framework
The Strategic Framework considers the following matters: • Settlement pattern • Economic development • Transport • Infrastructure and services • Natural environment • Community identity, character and social inclusion • Natural resources • Natural hazards
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The application has been assessed against each of the matters above. The pertinent issues of assessment against the Strategic Framework are discussed below.
2.2.11 Local Strategies for the Tamborine Mountain Zone
(1) The scenic and environmental values of the Tamborine Mountain Zone are protected.
(2) All development is — (a) encouraged in identified locations; and (b) developed in a manner that is sustainable in terms of onsite water supply and disposal of effluent; and (c) designed to enhance the character and amenity of the local area.
• The subject site is identified as an area of significant State, regional and local biodiversity value. This has been recognised by the applicant and the accompanying Vegetation Management Plan (VMP). The design and layout of the development will result in the clearing to significant species by placing the proposed buildings, access, parking and pathways. It is considered the development does not satisfy this outcome of the Strategic Framework.
Planning scheme codes
The application has been found to conflict with one or more elements of applicable Planning scheme codes. These issues are discussed below.
Zone Code
Tamborine Mountain Zone Code
Overall outcomes
OO16 Development protects and enhances Ecologically Significant Areas including native vegetation of regional and local significance, ecological corridors, areas of local, regional and State biodiversity significance and habitat for State and regionally significant flora and fauna, to maintain the Shire’s biodiversity and nature conservation values.
• The site is mapped as being affected by Regional and Local Nature Conservation Area. The proposed development results in significant clearing of mature vegetation and does not support the intent of OO16.
OO19 Development provides for the enhancement of employment and investment opportunities through improved integration of residential, tourist and other business activities whilst maintaining residential amenity.
• The reduced vegetation along the Lahey Road street frontage will result the proposed commercial development being a prominent feature of the streetscape which is currently made up of primarily rural residential type land uses.
OO29 Development has a positive impact on the landscape, scenic amenity and streetscape of Precincts within the Tamborine Mountain Zone and serves to reinforce community identity and cohesion.
• There is no proposed landscaping along the street frontage and existing vegetation is will need to be removed as a consequence of providing the car parking and manoeuvring area. The proposal is not considered to provide a positive contribution to the streetscape of the Rural Character Precinct.
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OO49 Development within the Rural Character Precinct is characterised by pockets of good quality agricultural land and land which exhibits high landscape and amenity values. The Precinct provides for large rural residential allotments
• The proposed development is for a commercial tourist type development which will be prominent feature of the Lahey Road streetscape. The proposal is not considered to result in high landscape or amenity values of the immediate or local area.
OO58 Development is at a scale, form and intensity which is intended for development in the Zone and is consistent with the reasonable expectations of residents of the Zone.
• The scale form and intensity of the proposed development is not similar to those found on adjacent lots used for residential (single dwelling) use. The proposed cabins will have a combined GFA of 380m2 while the reception building will have an area of 504m2. Thus, the development will have a combined GFA of 882m2 (18 % site cover) which is significantly greater than the typical site cover of residential lots which is less than 400m2. The proposed tourist cabins as also located within the 10m setback as specified within the Tourist Cabin Code. The propose use is not considered development that is consistent with the reasonable expectations of residents of the Zone.
Specific outcomes
SO3 Development protects, enhances and retains scenic amenity and maximises the retention of native vegetation through - (j) patches of remnant and regrowth rainforest.
• While the Vegetation Management Plan identifies vegetation tree clearing and management methods, the proposal did not demonstrate an appropriate level of retention of native vegetation to enhance and conserve the biodiversity value of the site.
SO7 Development in the Rural Character Precinct and Countryside Precinct for non-agricultural purposes maintains the visual and rural amenity of the area.
• The development site is adjacent and visually connected to land used for rural residential purposes. As mentioned previously the site has significant mature vegetation of high biodiversity value and is in an area of rural residential development. The proposal will result in the clearing of established vegetation along Lahey Road and the view from the road will be dominated by car parking and a commercial type activity.
SO11 Development ensures that a tourist accommodation use or a tourist retail use outside of the Business Precinct or Cottage Tourist Precinct protects and enhances the character of the area.
• The proposed development is not considered to protect or enhance the character of the immediate area which is an established rural residential community with low site cover and generous building setbacks with garden frontages.
SO12 Development ensures that tourist accommodation uses and tourist retail uses are sympathetic to the visual amenity and character of the area in terms of topography, building siting design, scale and height and existing vegetation if in the - (d) Rural Character Precinct
• The development site is adjacent to and visually connected to land used for rural residential purposes. As mentioned previously the site has significant mature vegetation of high biodiversity value and is adjoined by rural residential development. The proposal will result in the clearing of established vegetation along Lahey Road and will be dominated by car parking and a commercial type activity.
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SO49 Development being - (a) a Material Change of Use is consistent with the scale, form and intensity of development in the Zone.
• The proposed development has a plot ratio of 18% and reduced setbacks which is considered an over development of the subject site and is not consistent with the scale and form of the Rural Character Precinct.
Overlay Codes
Nature Conservation Overlay Code
Specific outcomes
SO7 Development in the Landscape Amenity Area protects and enhances the scenic, recreational and tourism values of the Landscape Amenity Area. S7.1 Development does not involve the clearing of vegetation that adversely impacts on the scenic amenity values of the Landscape Amenity Area.
SO10 Development in the Landscape Amenity Area conserves roadside vegetation where the retention of this vegetation contributes to the visual amenity of the area or provides habitat for significant flora and fauna species or communities at the local, regional or State levels.
• The proposal seeks to remove established vegetation along Lahey Road which is a dominant feature of the streetscape. The proposed tree clearing does not comply with SO7.
Development/use Codes
Tourist Cabin Code
Specific outcomes
SO1 Development does not result in a built form that is visually intrusive. S1.1 Development has a maximum site coverage of 10%.
• Each tourist cabin will have a roofed area of 93m² and the tourist facility will have a covered area of approximately 504m². Therefore, the combined site cover equates to approximately 1,062m² which is approximately 22% site cover and will create a visual form that is visually intrusive when viewed from the street. The proposal is considered to conflict with SO1.
Tourist Facility Code
Specific outcomes
SO1 Development does not result in a built form that is visually intrusive.
SO4 Development complements the style, scale and character of existing uses in the surrounding area and contributes positively to the Streetscape.
• Each tourist cabin will have a roofed area of 93m² and the tourist facility will have a covered area of approximately 504m². Therefore, the combined site cover equates to approximately 1,062m² which is approximately 22% site cover and will create a visual form that is visually intrusive when viewed from the street. The proposal is considered to conflict with SO1.
Work Codes
Landscape Code
SO1 Development provides landscaping that makes a positive contribution to environmental values.
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SO2 Development ensures that landscaping incorporates significant existing vegetation where possible.
S2.1 Development ensures the retention of existing trees.
S2.2 Development ensures that established significant vegetation that is removed or damaged is replaced with mature vegetation.
• The applicant did not propose landscaping along the street front but rather will require tree clearing to facilitate car parking and access. The proposal does not comply with SO1.
S2.3 Development ensures that new Buildings, car parks and driveways are located so as to enable the retention and long term performance of significant on-site vegetation.
• It is noted the conceptual site layout indicates the extent of the parking/hardstand area with access to Lahey Road. This has implications for vegetation clearing and management and site drainage. The proposal does not comply with SO2.
Parking and Servicing Code
SO1 Development provides for sufficient vehicle parking on-site to meet the demand likely to be generated by the development having regard to - (b) the feasibility of physically providing parking on-site. S1.1 Development provides for on-site vehicle parking spaces in accordance with Table 5.3.15A (Car and Service Vehicle Parking).
• The development proposes 9 parking spaces with one (1) PWD space and service vehicle area. Table 5.3.15A (Car and Service Vehicle Parking) requires 1 space per Tourist cabin plus 1 space per 2 employees. This equates to 7 spaces.
• The applicant states clients attending seminars at the Tourist Facility will mostly arrive as a group on mini buses. Approximately 10-20 persons at a time. Given this level of patronage and use of mini busses it is considered 4 spaces would be adequate to provide sufficient parking for the Tourist Facility (total of 11 parking spaces). The proposal does not provide sufficient parking for the development.
Statement of Reasons
Council has undertaken an assessment of the subject application against the relevant assessment benchmarks as prescribed under the Planning Regulation 2017. Through the assessment process, the application is considered to conflict with multiple provisions of the Planning Scheme as follows: • Strategic Framework - 2.2.11 (1) & (2) of the Local Strategies for the Tamborine Mountain Zone; • Zone Code - Overall Outcomes OO16, OO19, OO29, OO49 & OO58; Specific Outcomes SO3, SO7, SO11, SO12 & SO49 of the Tamborine Mountain Zone; • Overlay Code - Specific Outcomes SO7 & SO10 of the Nature Conservation Code; • Development Use Code - Specific Outcome SO1 of the Tourist Cabin Code; Specific Outcomes SO1 & SO4 of the Tourist Facility Code; and • Works Code - Specific Outcome SO1 & SO2 of the Landscape Code; Specific Outcome SO1 of the Parking & Servicing Code.
The abovementioned conflicts were unable to be resolved and could not be reasonably conditioned to comply. As such, the proposed development is refused.
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Consultation
External Referral agencies
Department of State Development, Manufacturing, Infrastructure and Planning - State Assessment and Referral Agency (SARA)
The proposed development triggers referral to Department of State Development, Manufacturing, Infrastructure & Planning - State Assessment and Referral Agency (SARA) pursuant to Schedule 10, Part 9, Division 2, Table 4, Item 1 (Planning Regulation 2017) - Development application for a material change of use within 25m of a state-controlled road.
SARA response states Under section 56(1)(b)(i) of the Planning Act 2016 the following condition must be attached to any development approval relating to this application;
No. Conditions Condition timing
Material Change of Use
10.9.4.2.4.1 - The chief executive administering the Planning Act 2016 nominates the Director- General of Transport and Main Roads to be the enforcement authority for the development to which this development approval relates for the administration and enforcement of any matter relating to the following condition(s):
1. Direct vehicular access is not permitted between Main At all times Western Road and the subject site.
Refer to Attachment 2 for original referral response from Department of State Development, Manufacturing, Infrastructure and Planning.
Public notification
The applicant has submitted written advice stating public notification of the proposal has been completed in accordance with requirements of the Planning Act 2016.
Notification period: 7/06/2019 - 28/06/2019 Notification sign placed on premises: 6/06/2019 Notification to adjoining owners: 6/06/2019 Notification in locally circulating print media: 6/06/2019
The application was publicly notified for 16 business days in accordance with requirements of the Planning Act 2016.
Three properly made submissions and nil not properly made submissions were received during the notification period. A list of properly made submitters is below.
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The following table provides a summary and assessment of the issues raised by submitters.
Item Issues Comments
Submission 1
1 Intended land use is not suitably Description of the proposed development described in the application material. provided in the application material adequately describes the use/s and identifies the appropriate Planning Scheme definitions for the uses.
2 Over development of the site. Intensity/density of proposed development is considered in terms of built footprint, clearing required and compatibility with residential character of the location.
The total building footprint for the health retreat is 504m². The six cabins will have a combined building footprint of approximately 380m². The combined building footprint of the cabins and health retreat is 884m2 which is approximately 18% of the site.
This is a noticeable diversion from typical residential development on adjacent lots which is predominately less than 12% site cover.
Consideration was given to reducing the number of cabins to lessen extent of clearing and site coverage; however, this issue could not be reasonably conditioned to be mitigated.
The proposal is recommended for refusal.
3 Building bulk/height is excessive. Height of proposed buildings are within limits set by the planning scheme. The proposed clearing of vegetation along Lahey Road coupled with the dominance of car parking without landscaping was considered to be inconsistent with the existing streetscape and did not enhance the street frontage.
The proposal is recommended for refusal.
4 Application and therefore The application materials meet requirements of development does not satisfy what is required for a properly made application. performance outcomes of Planning scheme. Assessment of the materials no not demonstrate the development can comply with applicable outcomes and performance outcomes of the Planning Scheme.
The proposal is recommended for refusal.
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5 Development does not contribute to The development will require clearing of trees protection and enhancement of and other vegetation on site. The submitted natural environment. material does not demonstrate that the environmental significance of the site can be maintained or enhanced.
The proposal is recommended for refusal.
6 Excessive clearing of vegetation. Proposed building footprints occupy approximately 18% of the site with an additional 10% for parking/access/paths totalling 25%. It is noted any clearing on the site is potentially exempt per Schedule 21 of Planning Regulation 2017.
The proposal is recommended for refusal.
7 Vegetation management plan lacks The applicant has submitted a Vegetation information to ensure survival of Management Plan to clearly identify which trees identified threatened species and will be removed and which trees may be revegetation of disturbed areas. impacted post development. However, there were inconsistencies identified with the technical reports submitted which could not be resolved.
The proposal is recommended for refusal.
8 Development if approved would open Proposed building footprints occupy the door for further 'exempt ' clearing. approximately 18% of the site with an additional 10% for parking/access/
paths totalling 25%. It is noted any clearing on the site is potentially exempt per Schedule 21 of Planning Regulation 2017.
The proposal is recommended for refusal.
Submission 2
9 Application does not address all The Housing aspect of this SPP is not applicable relevant State Planning Polices. to the proposed development of Tourist Facility 'Liveable Communities & Housing' and Tourist Cabins. Albeit the development is also relevant not just biodiversity and utilising a rural residential zoned lot however this bushfire hazards. does not affect the provision/supply of rural residential zoned land. The proposed use is stated in the zone.
10 Proposed development will impact The use is Impact Assessable to ensure impacts upon existing lawful uses i.e. are assessed and if need be mitigated/managed residential community of Lahey Road. accordingly with appropriate conditions. The Tamborine Mountain zone allows for a mix or residential and non-residential uses where it can be demonstrated the potential impact upon the residential uses of the locality can be appropriately managed.
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Assessment of the application has determined the potential for adverse impacts upon residential uses of the locality could not be appropriately managed by conditions.
The proposal is recommended for refusal.
11 Application supporting material does The proposed development will result in not provide enough evidence to claim approximately 30% of the site being cleared or 'negligible impact' on the regions built on. A future On Site Sewage Facilities water and soil resources. (OSSF) will be installed and potentially create the need for future tree clearing.
The proposal is recommended for refusal.
12 Application supporting material does The proposed development will result in not provide enough evidence to claim approximately 30% of the site being cleared or 'negligible impact' on open space and built on. A future On Site Sewage Facilities ecologically significant areas. (OSSF) will be installed and potentially create the need for future tree clearing.
The proposal is recommended for refusal.
13 Development site is a nature reserve. The development site is not a nature reserve. There is no history or record of the site being or proposed as a nature reserve.
14 Development will compromise the The proposed clearing of vegetation along residential character of Lahey Road. Lahey Road coupled with the dominance of car parking without landscaping was considered to be inconsistent with the existing streetscape and did not enhance the residential character of Lahey Road.
The proposal is recommended for refusal.
15 Development is incompatible with long The site is in the Tamborine Mountain zone - term use of the area (residential). Rural Character Precinct. The long term use of the area as envisaged by the Planning scheme is rural residential i.e. low density residential living on large acreage lots in a semi-rural or natural landscape setting. The proposal is more akin to commercial activity.
The proposal is recommended for refusal.
16 Development promotes tourism at Development of the site will not improve quality cost of the natural values of the site of the vegetation on site by proposing large and area. clearing. The proposed development does not protect and enhance the biodiversity and amenity value of the site.
The proposal is recommended for refusal.
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17 Development will create significant A Traffic Impact Assessment (TIA) was impacts on traffic movement in and submitted in support of the application. This TIA about the Lahey Road and Main concluded the potential impact on traffic Western Road intersection. movement through and around the intersection of Lahey Road and Main Western Road and the entrance to the development site were not significant. Furthermore, referral to SARA (TMR) identified no traffic issues affecting the function of the intersection and the state controlled road (Main Western Road).
TMR referral agency comments have conditioned the development to vehicular access from Lahey Road only. Direct access to Main Western Road from the site is prohibited.
18 Development will operate 7 days per The extended operating hours is not conducive week giving no reprieve for residents to the predominate single residential land uses from impacts of traffic, noise and in the area. potential crime. The proposal is recommended for refusal.
Submission 3
19 Development of cabins will create un Business competition is not a head of needed additional accommodation. consideration for assessment of development permit applications.
20 Development of the site will detract While the proposed development will be less from the natural/scenic corridor of visible from Main Western Road with access Main Western Road as a significant only from Lahey Road, the impact of vegetation number of trees will need to be clearing along Main Western Road frontage will removed to allow the development to detract from the scenic values along Main proceed. Western Road.
The proposal is recommended for refusal.
21 Council requires a minimum 200m The development is approximately 230m separation between Tourist (boundary to boundary) north from the facility/Accommodation uses. This submitters business on Main Western Road and development is 220m from my therefore complies with this aspect of the business. A mere 20m is insufficient Tamborine Mountain zone code. distance to allow this development to cause detriment to the natural beauty and habitat.
Budget / Financial Implications
Not applicable.
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Strategic Implications
Operational Plan
Theme: 4. Relaxed Living and Rural Lifestyle
Key Area of Focus: 4.1.1 Maintain a clear and comprehensive planning vision for the region
Legal / Statutory Implications
Application submitted for decision within statutory timeframe under the Planning Act 2016.
Risks
Strategic Risks
The following Level 1 and Level 2 (strategic) risks are relevant to the matters considered in this report:
SR43 Inadequate or ineffective infrastructure planning and maintenance resulting in failure of infrastructure and associated risks to public and staff safety and subsequent potential financial implications
SR50 Failure to manage Environmental Sustainability (including climate change) through inappropriate and/or inadequate planning and operational considerations of impacts to the Natural Environment.
SR59 Non-compliance with legislation and/or procurement policies and procedures resulting in successful claim against Council beyond limit insured for.
Risk Assessment
Category Consequence Likelihood Inherent Treatment of risks Residual Risk Risk Rating Rating Environmental Moderate Unlikely Medium Environmental impacts Low considered and Impacts on environment documented during as a result of assessment development activity Legal Compliance and Minor Possible Medium Documented Low Liability assessment process
Failure to ensure application is assessed in accordance with IDAS process
Legal Compliance and Minor Possible Medium • Ensure Low Liability reasonable and relevant test applicable Opportunity for applicant to assessment or third party appeal processes • Model against Council decision Litigant processes followed in court cases •Minimise opportunities for appeals
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Category Consequence Likelihood Inherent Treatment of risks Residual Risk Risk Rating Rating Reputation Minor Unlikely Low •Transparent reporting Low of assessment Negative perception •Communications from community or development proponents
Consultation
The application was publicly notified for 16 business days in accordance with requirements of the Planning Act 2016. Three properly made submissions were received during the notification period.
Referral of the application to SARA and relevant Council sections occurred during the assessment of the application.
Conclusion
Upon detailed assessment, the proposed development does not comply with the requirements of the Planning Scheme and significant issues cannot be addressed by reasonable and relevant conditions. The application is therefore recommended for refusal.
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11.7 MCU19/009 Development Permit for Material Change of Use for Outdoor Sports, Recreation and Entertainment (Mountain Bike Trail), Mr Isaac Makelainen, c/- Pro Town Planners Pty Ltd, Lots 103 and 105 WD601
Executive Officer: General Manager Customer and Regional Prosperity
Item Author: Coordinator Development Assessment
Attachments:
1. Proposal Plans ⇩ 2. Aerial View ⇩ 3. J C Engineers Traffic Impact Assessment ⇩ 4. J C Engineers Further Advice ⇩ 5. SLR Consulting Peer Review ⇩ 6. Third Party Advice ⇩
Executive Summary
Council is in receipt of a Development Application for a Material Change of Use for Outdoor Sports, Recreation and Entertainment (Mountain Bike Trail) on Lots 103 and 105 WD601 located at 813 Tamrookum Creek Road, Tamrookum.
Pursuant to the Beaudesert Shire Planning Scheme 2007 the development application is Impact Assessable in the Countryside Precinct of the Rural Zone. Assessment is also required against the provisions of the Nature Conservation, Development Constraints and Catchment Management, Waterways and Wetlands Overlays.
The application was lodged on 18 February 2019 in response to a Show Cause Notice issued 30 October 2018 for carrying out assessable development without a permit.
The land subject of the application is steep and is generally heavily vegetated with several waterways traversing the site. It was noted during a site inspection that vegetation clearing has been undertaken to construct mountain bike trails and vehicle accesses to service those trails.
The application was publicly notified between 9 May 2019 and 30 May 2019 in accordance with the requirements of the Planning Act 2016. During this period Council received eight properly made submissions.
The application did not require referral to the State Assessment and Referral Agency, however advice was sought from the Department of Transport and Main Roads during the assessment of the application regarding impacts of the development on the Mt. Lindesay Highway/Tamrookum Creek Road intersection.
The assessment has found that the proposed development has not demonstrated compliance with the relevant provisions of the planning scheme and that compliance cannot be achieved through the imposition of conditions. As a result, it is recommended the application be refused.
Recommendation
1. That Council resolve to refuse the development application in respect to the following property:
Real Property Description: Lots 103 & 105 WD601 Address of property: 813 Tamrookum Creek Road, Tamrookum Site area: 250.683 Hectares
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Proposal: Material Change of Use for Outdoor Sports, Recreation and Entertainment (Mountain Bike Park)
2. Reasons for Refusal
The reasons for refusal are as follows:
No. Reason
1. The proposed development conflicts with Desired Environmental Outcomes 2.1.3(1)(b), 2.1.3(1)(f), 2.1.3(2)(g) and 2.1.3(2(i) of the Beaudesert Shire Planning Scheme. 2. The proposed development conflicts with Overall Outcomes OO1, OO3, OO13, OO14, OO25, OO38 and OO39, and Specific Outcomes SO19, SO33, SO34 and SO44 of the Rural Zone Code. 3. The proposed development conflicts with Specific Outcome SO2 of the Sports, Recreation and Entertainment Code. 4. The proposed development conflicts with Specific Outcome SO1 of the Nature Conservation Code. 5. The proposed development conflicts with Specific Outcomes SO7, SO9 and SO11 of the Development Constraints Overlay Code. 5. The proposed development conflicts with Specific Outcomes SO1 and SO9 of the Catchment Management, Waterways and Wetlands Overlay Code. 6. The proposed development conflicts with Specific Outcomes SO35 of the Construction and Infrastructure Code. 7. The proposed development conflicts with the Overall Outcome of the Parking and Servicing Code.
Previous Council Considerations / Resolutions
Not applicable.
Report / Background
Applicable Planning Scheme Beaudesert Shire Planning Scheme 2007 Applicant Mr I Makelainen Owner(s) Mr T Y Makelainen & Ms L A Makelainen Site Address Tamrookum Creek Road TAMROOKUM CREEK Real Property Description Lots 103 & 105 WD601 Site Area 336.899 hectares Relevant Zone and Precinct Rural Zone - Countryside Precinct Proposal Outdoor Sports, Recreation and Entertainment (Mountain Bike Trail) Assessment Level Impact Approval Type Development Permit for Material Change Of Use Public Notification 9 May 2019 to 30 May 2019 Submissions Received Eight (8) properly made submissions Four (4) not-properly made submissions Date Application Deemed Accepted 18 February 2019
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This report has been compiled outlining the facts and circumstances for a proposed development seeking an approval for a Development Permit for Material Change of Use for Outdoor Sports, Recreation and Entertainment (Mountain Bike Trails) on land located at Tamrookum Creek Road, Tamrookum described as Lots 103 and 105 WD601.
Development history
There are no development approvals in existence for the land subject of the application. The application subject of this report was lodged in response to a Show Cause Notice (PBED18/0025) which was issued on 30 October 2018 as a result of applicant undertaking assessable development without a permit.
Proposal
The application seeks to address the current development offences and allow the further development of the land for the purpose of a commercial mountain bike park. The approval seeks to develop the property so as to be used for enduro style mountain biking that caters for beginners through to international standard riders.
The proposed development will consist of four mountain biking tracks which are classified in difficulty in accordance with an international mountain biking standard. It incorporates an access road/fire trail which is to be used for transporting mountain bikes and their riders from the bottom of the site to the top of the tracks. The proposed development will build upon already established tracks on the property which it is understood have been developed over the past 10 years initially for use of the landholders.
The proposed development will be available for private bookings and also will host annual downhill and cross country short course races, bi-annual gravity enduro races and fortnightly ride days. Material submitted with the application provided an estimate of the number of participants for these events.
Activity Frequency Estimated number of participants Ride Day Fortnightly 20-30 Gravity Enduro Race Twice Yearly 150-200 Downhill Race Annually 100-180 Cross Country Short Course Race Annually 100-150 Yearly Total 1,020-1,550
In response to an information request, further information on the number of participants was provided with the following being an estimate of usage expected to be realised in five years.
Activity Frequency Estimated number of participants Ride Day Weekly 20-40 Gravity Enduro Race Twice Yearly 150-200 Downhill Race Twice Yearly 100-180 Cross Country Short Course Race Annually 100-150 Smaller Scale Mountain Bike Race Twice Yearly 100-200 Mountain Bike Festival Annually 200-300 Yearly Total 2,040 - 3,890
The application material indicates that the development will not involve camping, earthworks or further building works. While the proposal will generate the need for significant vehicle parking on the property, only minimal detail was provided in the application material on the provision of on-site parking.
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Characteristics of site and surrounding environment
The land subject of the application comprises two lots totalling 336.899 hectares in area with Lot 105 WD601 being 250.683 hectares and Lot 103 being 86.216 hectares.
Figure 1: Land subject of the application
As evident in Figure 1, the subject land is heavily vegetated with mature native vegetation. It rises steeply from Tamrookum Creek in the south (which is the location of vehicle access to the property) towards the ridgeline which forms the northern boundary of the site. Numerous gullies and waterways run across the land from north-south draining into Tamrookum Creek. In addition to existing farm access tracks, house and a shed, mountain bike trails and associated vehicle accesses have been constructed on the land which involve crossings of the gullies and waterways.
Improvements on the subject land comprise a house and shed located close to Tamrookum Creek near the entrance to the property from Tamrookum Creek Road. Photographs taken during a site inspection on 26 June 2019 are provided as Figures 2 and 3.
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Figure 2: Existing shed on the property
Figure 3: Entrance to the property
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Figure 4 shows the location of the subject land in relation to the Mt. Lindesay Highway showing access to the land via Tamrookum Creek Road.
The subject land is located in a rural area of the Scenic Rim which is characterised by cleared grazing land to the north and more heavily vegetated rural land to the immediate east and to the south. It is located in the headwaters of Tamrookum Creek with access extending along the length of the Tamrookum Creek valley.
Figure 2: Location relative to the Mt. Lindesay Highway showing access by Tamrookum Creek Road.
DEVELOPMENT ASSESSMENT
Framework for Assessment
Categorising Instruments for Statutory Assessment
For the Planning Act 2016, the following Categorising Instruments may contain Assessment Benchmarks applicable to development applications: • the Planning Regulation 2017 • the Planning Scheme for the local government area • any Temporary Local Planning Instrument • any Variation Approval
Assessment benchmarks - Planning Regulation 2017
The following Assessment Benchmarks from the Planning Regulation 2017 are applicable to this application: Planning Regulation 2017 details Assessment benchmarks State Planning Policy (Part E - Environment and Heritage, and Safety and Resilience to Hazards) Shaping SEQ South East Queensland Regional Landscape and Rural Production Area Regional Plan 2017 Designation
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State Planning Policy (July 2017)
The State Interests identified for development of the site are in relation to the protection of biodiversity and management of bushfire hazards.
Biodiversity
"Matters of environmental significance are valued and protected, and the health and resilience of biodiversity is maintained or enhanced to support ecological processes."
The development site contains vegetation of State significance. The development has resulted in the clearing of native vegetation.
Shaping SEQ South East Queensland Regional Plan 2017
The development site is located within the Rural Living Area of South East Queensland Regional Plan 2009-2031 (SEQRP). The development is below the threshold set by the SEQRP for referral to the State Government for assessment. The proposed development has a tourism focus and is consistent with the intended scale of development outside of the areas designated as Urban Footprint. The use is consistent with the principles and policies of the SEQRP.
PLANNING REGULATION 2017 DETAILS
Assessment Benchmarks The site is located within the Very High Potential Bushfire area within the State Government's Interactive Mapping.
The applicant has submitted a Bushfire Hazard Report and Bushfire Management Plan prepared by Blackash Bushfire Consulting on behalf of Premise Environment dated September 2019. The management plan prescribes actions the land owner must make when the threat level exceeds 'Extreme'.
ShapingSEQ South East Regional Landscape and Rural Production Area Queensland Regional Plan 2017 Designation:
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Assessment benchmarks - Beaudesert Shire Planning Scheme 2007 (Planning Scheme)
The applicable planning scheme is the Beaudesert Shire Planning Scheme 2007. The following provisions of this planning scheme are relevant to the assessment of the application.
Planning scheme Beaudesert Shire Planning Scheme 2007
Strategic Framework land use category Rural
Local Plan Area Not applicable
Zone Rural Zone
Precinct Countryside Precinct
Consistent/Inconsistent use Consistent
Assessment benchmarks • Rural Zone Code • Nature Conservation Overlay Code • Development Constraints Overlay Code • Catchment Management, Wetlands and Waterways Overlay Code • Sports, Recreation and Entertainment • Advertising Devices Code • Construction and Infrastructure Code • Landscape Code • Parking and Servicing Code
Desired Environmental Outcomes
Desired Environmental Outcome 2.1.3(1)(b) provides that:
The environment is conserved such that the adverse impacts of development including the loss or degradation of native vegetation, habitat for significant flora and fauna and other nature conservation values, loss of amenity, land degradation, water pollution from inadequate effluent disposal practices and chemical contamination, are avoided or otherwise mitigated.
• The material submitted in support of the application does not enable a determination to be made that the development of the subject property for a mountain bike park will not compromise the achievement of the above Desired Environmental Outcome. In this regard there are concerns regarding the loss or degradation of native vegetation, habitat for significant flora and fauna and other nature conservation values and land degradation that may arise from the development.
Desired Environmental Outcome 2.1.3(1)(f) provides that:
The environment is conserved such that development protects the Shire’s water and soil resources and their associated values, including their ability to provide healthy ecosystems to support the livelihood and lifestyles of residents and visitors.
• The material submitted in support of the application does not enable a determination to be made that the development of the subject property for a mountain bike park will not compromise the achievement of the above Desired Environmental Outcome. In this regard there are concerns regarding the impacts of the development on the protection of water resources and their associated values.
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Desired Environmental Outcomes 2.1.3(2)(g) provides that:
Development promotes tourism in a manner that encourages the efficient use of infrastructure and protects the natural values and character of the local area.
• While the development will by its nature promote tourism, in the absence of significant and expensive upgrades to Tamrookum Creek Road it will overload that road and if those upgrades were to be implemented the required changes would compromise the natural values and character of the local area.
Desired Environmental Outcomes 2.1.3(2)(i) provides that:
Development provides for the efficient use and safe operation of existing and planned future infrastructure including water supply, sewerage, the transport network, stormwater, parks and energy infrastructure
• The review of the impacts on the road network undertaken for Council by SLR Consulting found that the development would, in the absence of significant and expensive upgrades, impact adversely on the safe operation of the transport network, in particular the safety of Tamrookum Creek Road and the Tamrookum Creek Road/Mt. Lindesay Highway intersection.
Planning Scheme Codes
The application has been found to conflict with one or more elements of the applicable codes of the planning scheme and cannot be conditioned to comply. The pertinent issues arising out of the assessment against the Planning Scheme Codes are discussed below.
Rural Zone Code
An assessment of the proposed development against the relevant Overall Outcomes for the Rural Zone is provided below.
OO1 Development provides for the creation and maintenance of a pleasant and safe living and working environment.
• Upgrades to Tamrookum Creek Road that would be necessary to accommodate the traffic generated by the proposed development would change the character of the environment for residents of the Tamrookum Creek valley. In the absence of the upgrades the safety of Tamrookum Creek Road would be compromised.
OO3 Development through location and design minimises risks and nuisance to people and property.
• It has not been demonstrated that the design of the proposed mountain bike park will not cause nuisance to people as a result of noise. The noise impacts of the current use of the park have been raised in submissions.
OO13 Development provides for the ongoing protection of natural drainage catchments, river and stream systems, riparian vegetation and other waterbodies to maintain the ecological values and functions of the ecosystems, the health of individual communities and to enhance their value for maintenance of flora and fauna, recreation and other uses.
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OO14 Development provides for the maintenance of high standards of air and water quality.
• The material submitted with the application does not demonstrate that the impacts on natural drainage catchments and their the ecological values can be mitigated, particularly dust, noise and the impacts on water quality resulting from the erosion that results from the development and ongoing use of mountain bike trails and access tracks for vehicles on steep topography.
OO25 Development maximises the use and safe operation of existing and proposed infrastructure and provides for the efficient provision of future infrastructure.
• The proposed development creates risk and nuisance to people and property by the introduction of significant additional traffic onto Tamrookum Creek Road to traffic volumes well beyond its current capacity.
OO35 Development contributes to the provision of adequate and appropriate sport and recreation facilities serving the needs of residents.
• The development, if approved, would contribute to the diversity of sport and recreation facilities in the Scenic Rim.
OO38 Development provides for vehicle connectivity and ease of mobility.
• Refer to comments on OO25 above.
OO39 Development minimises conflicts between local and through traffic.
• The proposed development creates the potential for conflict between through traffic on the Mt. Lindesay Highway and traffic turning into and out of Tamrookum Creek Road to access the property
It is considered that the proposed development is in conflict with Overall Outcomes OO1, OO3, OO13, OO14, OO25, OO38 and OO39 of the Rural Zone Code and that it is consistent with Overall Outcome OO35 of the Rural Zone Code.
A number of Specific Outcomes for the Rural Zone are relevant to the assessment of the proposed development. These are assessed below.
SO19 Development identifies, protects and enhances habitat for State and regionally significant flora and fauna.
• The applicant engaged Premise Environment to undertake an ecological assessment of the site which found that as no clearing was required a detailed assessment of regulated vegetation or any endangered, vulnerable or near threatened vegetation was not required. However, the application seeks to regularise unlawful development including the unlawful clearing of vegetation for the purpose of constructing bike trails.
The report prepared by Premise Environment goes on to state that no detailed vegetation, trapping or nocturnal surveys were conducted as part of the assessment, nor was it considered required given the nature of the project and low-level impact. Yet the report also stated that the
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majority of the site consists of spotted gum woodland habitat, which would provide suitable habitat for koalas.
Given the above, it is considered that the applicant has failed to demonstrate that the development protects and enhances habitat for State and regionally significant flora and fauna.
SO33 Development protects and enhances the amenity and character of the Zone and Precincts by avoiding or mitigating the adverse emission of noise and vibration.
• The supporting documentation does not demonstrate how the development will mitigate adverse emissions of noise. This is a concern given that competitors will be carted up and down the vehicle access trails all day. No timing of these trips to the top of the tracks were provided, or how noise and/or noise complaints would be managed.
SO34 Development protects and enhances the amenity and character of the Zone and Precincts by avoiding, minimising or mitigating emissions of odour, dust and other pollutants.
• The material submitted with the application has not demonstrated how dust emissions may be avoided during race days. Considering the dry landscape, lack of sediment and erosion control methods, and use of vehicle access trails for carting competitors up and down trails it is likely that dust will be generate from the proposed activity.
SO44 Development protects and enhances existing and planned road transport infrastructure and rail transport infrastructure.
• The Traffic Impact Assessment prepared by J.C. Engineers and submitted with the application claims that the road infrastructure would not be affected by the proposed development. Council commissioned a peer review of this assessment by SLR Consulting which confirmed that Tamrookum Creek Road and also the Mt. Lindesay Highway would require significant upgrades if this development was to proceed. The Department of Transport and Main Roads have indicated that significant upgrading of the intersection would be required to maintain safety.
It is considered that the proposed development is in conflict with Specific Outcomes SO19, SO33, SO34 and SO44 of the Rural Zone Code.
Sports, Recreation and Entertainment Code
Specific Outcome SO2 of the Sports, Recreation and Entertainment Code is relevant to the assessment of the proposed development.
SO2 Development provides that noise emissions do not cause annoyance or disturbance to residents in the surrounding area.
• The applicant contends that the development will result in negligible noise emissions that will not be heard from the boundaries. The supporting documentation however does not demonstrate how the development will mitigate adverse emission of noise. This is a concern as competitors will be carted up and down the vehicle trails all day during events.
Nature Conservation Overlay Code
The subject land is identified as a Ecological Corridor on the Nature Conservation Overlay Map. Specific Outcome SO1 of the Nature Conservation Overlay Code, which is applicable to Ecological Corridors, is relevant to the assessment of the application.
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SO1 Development on a site containing the Ecological Corridor provides for the retention and establishment of an Ecological Corridor that—
(a) is based on existing Ecologically Significant Areas and other Nature Conservation Values such as a Watercourse, related riparian vegetation, areas of local, regional or state biodiversity significance, significant vegetation or remaining vegetation, which are continuous with the Ecological Corridor area or other Ecologically Significant Area or are able to be restored; and (b) maximises connectivity between Ecologically Significant Areas and functions as an Ecological Corridor taking into account the habitat and Nature Conservation Values of adjoining land; and (c) protects and enhances the Ecological Corridor area to maximise the potential for the movement of native flora and fauna and the genetic interchange of native plants and native animals between Ecologically Significant Areas; and (d) protects the Ecological Corridor on the site and adjacent to the site from being fragmented in a way that it loses its ecological functioning or become vulnerable to greater adverse impacts such as weed invasion; and (e) is rehabilitated with locally occurring native plants where the Ecological Corridor includes a cleared or partially cleared area. • It is noted that the applicant's responses to the above do not sufficiently demonstrate that the development minimises edge effect impacts upon an ecological corridor and its values, or that the development ensures that vegetation within the ecological corridor is not disturbed or degraded.
The applicant proposes that a mini 900mm excavator would be employed and kept within the existing trail footprint, yet the very nature of mountain bike tracks is that they are narrow, with many obstacles in the way. It seems highly unlikely that the applicant can maintain the development without edge effects within ecological corridor, especially in the absence of a sedimentation and erosion control measures. The applicant has not demonstrated how bike trails within ecological corridor will be managed or how further fragmentation of the corridor would be avoided.
Development Constraints Overlay Code - Landslide Hazard
An assessment of the proposed development against the relevant Specific Outcomes for the Development Constraints Overlay Code is provided below.
SO7 Development in a Medium Landslide Hazard Area or a Landslide Hazard Investigation Area, provides for—
(a) the long-term stability of the site and adjacent land; and (b) the long-term stability of the proposed development; and (c) access to the site to not be restricted during a landslide event; and (d) the site to not be adversely affected by landslide activity originating on land above the development site.
• The proposed development caters for mountain bike cyclists by carting people from the bottom of the site to the top of the trails (uphill) using four-wheel-drive tracks, yet no geo-technical analysis has been submitted. The applicant has failed to demonstrate the stability of the four- wheel-drive trails, thereby posing a risk to mountain bikers.
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SO9 Development provides that vehicle access is designed and located to address slope satiability issues and control of erosion.
• The applicant has not demonstrated how the proposed development is designed to manage erosion to ensure that the stability of the site is maintained. Furthermore, it was noted during a site inspection that the four-wheel-drive access trails are located on steep terrain within a Medium Landslide Hazard Area, yet a geo-technical analysis has not been submitted.
Development Constraints Overlay Code - Bushfire Hazard
The subject property including the location of the mountain bike trails are identified by the Bushfire Hazard Overlay mapping as having a High Bushfire Hazard. More recent State Government bushfire hazard mapping, that is of a greater accuracy, identifies the property as having High and Very High Potential Bushfire Intensity.
The Development Constraints Overlay Code provides that:
SO11 Development maintains the safety of people and property by —
(a) avoiding High Bushfire Hazard Areas; or
(b) appropriate siting.
• To address this requirement the applicant provided a Bushfire Hazard Report and Bushfire Management Plan prepared by Blackash Bushfire Consulting. These documents detail the presence of bushfire threat, appropriate plan priorities, emergency roles and responsibilities and what preparations shall be undertaken for bushfires. However, the plans fail to demonstrate how a hazard would be managed. The applicant also failed to supply a bushfire evacuation plan detailing what action would be taken during the event of bushfire threat.
Catchment Management, Waterways and Wetlands Overlay Code
Specific Outcomes SO1 and SO8 are relevant to the assessment of the application.
SO1 Development protects and enhances the ecological functioning and associated Nature Conservation Values of catchments, waterways, wetlands and adjacent areas.
SO9 Development provides that a degraded Wetland, riparian community or Waterway is rehabilitated to enhance ecological functioning and habitat values.
• The application does not provide information that demonstrates the above requirements can be satisfied. It is noted that the information provided does not sufficiently demonstrate how erosion and sediment controls would be implemented, what sediment arrester devices would be installed, or how control methods would conform and be in accordance with relevant guidelines and standards. The applicant indicated that tracks are already existing and generally achieve the required riparian buffer zones (Stream Order A - 15m and Stream Order B - 55m), yet no information was provided to demonstrate this is the case. The applicant also mentioned that trails are currently unmaintained, and that maintenance would minimise the potential for sediment and erosion runoff, yet no information was provided as to how the maintenance would be undertaken, or whether trails would be closed for operation during that time.
Advertising Devices Code
Approval has not been sought for any advertising devices as part of the development application.
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Landscape Code
The material submitted with the application indicates that no landscaping is proposed.
Construction and Infrastructure Code
Specific Outcome SO35 is relevant to the assessment of the application.
SO35 Where development is located outside a sewerage service area development is provided with on-site wastewater facilities.
The applicant has indicated that portable toilets will be provided for large events but does not indicate how effluent will be managed for regular fortnightly ride events. As a result, compliance with SO35 has not been adequately demonstrated.
Parking and Servicing Code
The Overall Outcome for the Parking and Servicing Code is as follows:
Parking and Servicing is to—
(a) ensure that development provides for vehicle access and parking which— (i) is adequate to meet the demand likely to be generated by the development; and (ii) protects the amenity of nearby uses; and (iii) provides a safe environment for both pedestrians and vehicles; and (iv) achieves a high standard of urban design; and (v) maintains or improves the function and safety of the transport network external to the site; and (vi) allows for integration with public transport facilities; and (b) provide adequate parking and access for bicycles and motorcycles; and (c) provide safe access for pedestrians within parking and set down areas; and (d) provide adequate access and parking for emergency and other essential service vehicles.
Vehicle Parking
The applicant's response the information request provided no information on parking other than photos of areas intended to be use for parking and the following statement:
During activities and private bookings clear indication will be given to users as to where the designated parking areas are located upon booking.
During race days (activities over 100 people) there will be volunteer parking marshals on site to direct cars to appropriate flat paddock parking areas. In our previous experience with 2018 round 6 Queensland endure series held at Tamrookum creek, there was more than sufficient parking for the event which hosted 180 riders.
This is not adequate to assess vehicle parking on the property to determine whether it is adequate to meet the demand likely to be generated by the development, protects the amenity of nearby uses and provides a safe environment for both pedestrians and vehicles. As a result it does not demonstrate compliance with the Overall Outcome for the Parking and Servicing Code.
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Vehicle Access
The application lodged on 7 February 2019 did not provide any analysis of the impacts of the development on Tamrookum Creek Road. In response to an information request, on 26 April 2019 the applicant provided a Traffic Impact Assessment prepared by J C Engineers Pty Ltd. Further information on traffic matters was provided by J C Engineers Pty Ltd on 31 July 2019. Copies of these documents are attached.
Council commissioned SLR Consulting to undertake a peer review of the above material on traffic and road matters. The peer review (copy attached) found the following with respect to impacts of traffic generated by the development on Tamrookum Creek Road and the Mt. Lindesay Highway/Tamrookum Creek Road intersection:
"… the development has the potential to generate significant traffic demand. It is also noted that these trips are likely to arrive and depart the site within a condensed period (likely over 1-2 hours) and are also likely to arrive from the north via the Mount Lindesay Highway. This additional traffic has the potential to significantly exacerbate existing safety and operational constraints at the Mount Lindesay Highway/Tamrookum Creek Road and along Tamrookum Creek Road."
The peer review noted that even for minor events of up to 50 participants:
"The Mount Lindesay Highway/Tamrookum Creek Road intersection would likely need to be upgrades to provide a suitable right turn treatment (BAR/CHR[S]/CHR). The cost of these upgrading works is likely to be significant (i.e. this would require a bridge widening or realignment of Tamrookum Creek Road)."
"Tamrookum Creek Road would likely need to be upgraded to a Class 5A – Rural Access Road (7.0m sealed pavement, suitable for 150-500vpd) as per SRRC standards from the Mount Lindesay Highway up to the SRAP site access, including widening of creek crossings etc. The cost of these upgrading works is likely to be significant"
With respect to Tamrookum Creek Road, even with small-scale events of up to 50 persons the above would involve sealing the road and widening creek crossings from the intersection with the Mt. Lindesay Highway to the entrance to the Scenic Rim Adventure Park, a distance of over six kilometres, together with the widening the existing Mount Lindesay Highway bridge over Tamrookum Creek or the relocation of the Mt. Lindesay Highway/ Tamrookum Creek Road intersection further south.
For larger events of up to 400 participants Tamrookum Creek Road would require sealing and creek crossings would need to be widened over the further two kilometers from the entrance to the Scenic Rim Adventure Park to the entrance to the property subject of the application.
The application does not propose to undertake the above works to Tamrookum Creek Road and the Mt. Lindesay Highway/Tamrookum Creek Road intersection as part of the development. As indicated by SLR Consulting, the cost of undertaking the works would be significant.
Given the impacts on the Mt. Lindesay Highway/Tamrookum Creek Road intersection advice was sought from the Department of Transport and Main Roads on the proposed development. Advice received from DTMR concurs with the findings of SLR Consulting and also indicates that it would not support the use of traffic management on event days as a means of overcoming the safety impacts on the Mt. Lindesay Highway/ Tamrookum Creek Road intersection. Refer to Attachment 6.
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STATEMENT OF REASONS
Council has undertaken an assessment of the subject application against the relevant assessment benchmarks as prescribed under the Planning Regulation 2017. Through the assessment process, the application is considered to conflict with multiple provisions of the Planning Scheme as follows:
• Strategic Framework - Desired Environmental Outcomes 2.1.3(1)(b), 2.1.3(1)(f), 2.1.3(2)(g) and 2.1.3(2(i). • Rural Zone Code - Overall Outcomes OO1, OO3, OO13, OO14, OO25, OO38 and OO39, and Specific Outcomes SO19, SO33, SO34 and SO44. • Sports, Recreation and Entertainment Code - Specific Outcome SO2. • Nature Conservation Overlay Code - Specific Outcome SO1. • Development Constraints Overlay Code - Specific Outcomes SO7, SO9 and SO11. • Catchment Management, Waterways and Wetlands Overlay Code - Specific Outcomes SO1 and SO9. • Construction and Infrastructure Code - Specific Outcomes SO35. • Parking and Servicing Code - Overall Outcome.
The abovementioned conflicts were unable to be resolved and could not be reasonably conditioned to achieve compliance. As a result, the proposed development is refused.
Budget / Financial Implications
Not applicable.
Strategic Implications
Operational Plan
Theme: 4. Relaxed Living and Rural Lifestyle
Key Area of Focus: 3.1.2 Provide streamlined and practical regulatory services that deliver improved access for the community
Legal / Statutory Implications
Application submitted for decision within statutory timeframe under the Planning Act 2016.
Risks
Strategic Risks
The following Level 1 and Level 2 (strategic) risks are relevant to the matters considered in this report:
SR43 Inadequate or ineffective planning, delivery and maintenance of infrastructure resulting in risk to public and staff safety and potential financial implications. environment.
SR50 Failure to manage Environmental Sustainability (including climate change) through inappropriate and/or inadequate planning and operational considerations of impacts to the natural environment.
SR59 Non-compliance with legislation and/or procurement policies and procedures resulting in successful claim against Council beyond limit insured for.
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Risk Assessment
Category Consequence Likelihood Inherent Treatment of Residual Risk Rating risks Risk Rating Environmental Moderate Unlikely Medium Impacts on Low Impacts on environment as a environment as result of development a result of activity development activity
Legal Minor Possible Medium Documented Low Compliance and assessment process Liability Failure to ensure application is assessed in accordance with IDAS process
Legal Minor Possible Medium Ensure reasonable Low Compliance and and relevant test Liability applicable to assessment Opportunity for processes Model applicant or third Litigant processes party appeal followed in court cases against Council Minimise opportunities decision for appeals
Reputation Minor Unlikely Low Transparent reporting Low of assessment Negative Communications perception from community or development proponents
Consultation
Internal Referrals
Health, Building and Environment – Environmental Policy Council’s Health, Building and Environment (Environmental Policy) section has assessed the proposed development have concerns regarding non-compliance with the Nature Conservation Overlay Code, Development Constraints Overlay Code or Catchment Management, Wetlands and Waterways Overlay Code. Infrastructure Services Council’s Infrastructure Services section has assessed the proposed development and have concerns regarding non-compliance with the parking and servicing code and the extent of upgrading required for Tamrookum Creek Road.
Public Notification
The application was publicly notified from 9 May 2019 to 30 May 2019.
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It is noted that the notification was deficient in a number of respects, in particular: • The notice on the land resembled the notice required under the superseded Sustainable Planning Act 2009 rather than the legislation under which the development approval was being sought; • The format of the notice on the land and the notice in the newspaper was not in accordance with the approved template provided by the State Government; • The notices did not list all of the allotments subject of the application, in particular Lot 103 WD601 was omitted from the notices; and • The notices did not specify that approval was being sought for a Development Permit.
The above matters were brought to the attention of the applicant on 20 May 2019, however the applicant chose not to renotify the application.
A total of eight properly made submissions were received during the notification period. Of these five raised concerns, two were supportive and one was neutral.
The issues raised in these submissions together with a response to the issues raised is provided below.
No. Issue Response
1 Tamrookum Creek Road has not been The frequency of maintenance of rural roads is subject to regular maintenance for the determined by a range of factors including the past 20 years. If the application is type of formation and the volume of traffic. approved it is requested that more frequent maintenance is undertaken.
2 Increased traffic on Tamrookum Creek The peer review report prepared for Council by Road which is not suitable for the traffic SLR Consulting concluded that significant works generated and has numerous creek would be required to accommodate the crossings, dangerous bends and blind additional traffic generated by the proposed corners. Concern for safety of road development. uses and residents.
3 Increased traffic will have a greater It is agreed that the increased traffic will result in impact on wildlife. greater impacts on wildlife.
4 Increased traffic on Tamrookum Creek The peer review report prepared for Council by Road generated by the development SLR Consulting concluded the road would need will cause a dust nuisance. to be sealed.
5 Tamrookum Creek Road traverses Many properties along the length of Tamrookum unfenced grazing properties where Creek Road extend to both side of the road so cattle are grazed on the road verges. fencing would be both expensive and a Potential for collisions with stock. restriction on grazing operations.
6 Tamrookum Creek Road is not located The risks are currently low as a result of the within the boundaries of the road limited traffic volumes. Upgrading of Tamrookum corridor. Concerns exist regarding legal Creek Road to accommodate traffic generated liability where the road is constructed by the development should only be undertaken on private property. after the alignment has been located within the road reserve by either shifting the location of the road or adjusting the location of the road reserve.
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7 Risk of spread of fire ants and noxious These risks do rise where there is increased weeds. Adverse impacts on biosecurity traffic through a farming area. of farming activities.
8 No parking facilities for patrons of the The material submitted with the application does mountain bike park are provided. not allow an assessment of the suitability or adequacy of the proposed vehicle parking areas.
9 Adverse noise impacts from the use of The impacts of noise on adjoining properties and vehicles to convey patrons and bikes measures to mitigate these impacts has not from the bottom of the property to the been adequately addressed in the material top of the property. The noise is submitted with the application. constant for the duration of full-day events at the mountain bike park.
10 Increased erosion and sedimentation of The impacts of erosion of steep land and waterways from steep mountain bike sedimentation of waterways and measures to tracks and associated vehicle access in mitigate these impacts have not been the headwaters of Tamrookum Creek. adequately addressed in the material submitted Water from the creek is used for stock. with the application.
11 The subject property consists almost The is evident in the property being heavily entirely of remnant vegetation mapped vegetated with native forest. as Category B and Essential Habitat by the State Government.
12 Application does not consider impacts As the application was seeking to regularise a of vegetation clearing as it has already use that was been undertaken without been carried out unlawfully to construct development approval it should have addressed the mountain bike tracks and vehicle and sought approval for vegetation clearing that access tracks. has already occurred.
13 Traffic Impact Advice conducted by The peer review report prepared for Council by ACS Engineers (on behalf on a SLR Consulting concluded that significant works submitter) concludes that Tamrookum would be required to accommodate the Creek Road is not suitable for the additional traffic generated by the proposed increased traffic generated by the development. development.
14 The participation figures used to It is a concern that participation figures do not analyse traffic generation in the Traffic include all who would attend an event including Impact Report submitted by the spectators, officials, sponsors and suppliers of applicant are lower than those provided provisions for the events. It is also a concern in other supporting material and so that the estimates of traffic generated provided underestimate the traffic that will result. are lower than those that would be expected to result if the development was approved.
15 The lack of on-site accommodation The need for people attending for two and three associated with the development will day events to travel to and from the property will contribute the greater traffic volumes increase traffic volumes above those indicated in during events that run over a weekend. the application.
16 Adverse impacts on the amenity of the The amenity would be impacted if the low traffic quiet rural community along volumes on Tamrookum Creek Road were to Tamrookum Creek Road. increase as a result of the development.
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17 Decline in the value of properties as a Impacts on property values is not a relevant result of increased traffic. consideration when assessing a development application.
18 Ongoing use of the property for While it is noted that the property did continue to mountain bike events while the be used for events while the application was application was in progress. under assessment, this is not a matter that should be considered when assessing the development application
19 Availability of other mountain bike The existence of other facilities for mountain facilities in the Scenic Rim such as the bikes in the Scenic Rim is not evidence of the Kooralbyn Valley Mountain Bike Park. lack of a need for the proposed development.
20 Availability of alternative access to the The application proposes access from property via Knapp Creek Road. Tamrookum Creek Road and so this is what must be assessed.
21 The proposed development is a While the use is a consistent use it has been consistent use that should be demonstrated through the assessment of the supported as there are no adverse application that there will be adverse impacts. impacts on the locality.
22 The mountain bike park is compatible It does not follow that proximity to a premises with surrounding uses and is with camping facilities for its own patrons means appropriately located near a four-wheel camping will be available at that premises for the drive park with camping facilities. proposed development.
23 The development is a low intensity use The intensity of the use would increase if the that will utilise existing tracks and will development was to be approved. The material generate minimal noise. submitted with the application did not allow noise impacts to be assessed.
24 The property will be managed The intensity of the use and the impacts on the responsibly and disturbance will be environment, including from more intensive use minimal as the tracks have already of the tracks, would increase if the development been constructed. The Environmental was to be approved. Management Plan will ensure no harm is caused to the local environment.
25 As indicated in the report prepared by The peer review report prepared for Council by JC Engineers, the necessary road SLR Consulting does not support the contention standards can be achieved and the that the safety of Tamrookum Creek Road can development will not have an adverse be assured through the limited improvements impact on Tamrookum Creek Road. outlined in the JC Engineers report.
26 The development will deliver economic It is agreed that the provision of new facilities for benefits and promote adventure based mountain bikes in the Scenic Rim will deliver tourism in the region. economic benefits and assist in promoting adventure based tourism.
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27 There are opportunities for synergies It is agreed that there would be synergies between the proposed development between the development and the mountain bike and the mountain bike facility at facility at Kooralbyn and the Kooralbyn Resort. Kooralbyn including in the provision of accommodation at the Kooralbyn Resort.
Four submissions that were not properly made were received after 30 May 2019. All were supportive of the proposed development.
Conclusion
The development application seeks approval to develop a property at Tamrookum Creek for a Mountain Bike Park and so requires a Development Permit for Material Change of Use for Outdoor Sports, Recreation and Entertainment. The development of a rural property in the Scenic Rim for this purpose would undoubtedly provide additional recreation opportunities and deliver a positive contribution to the local economy.
The land subject of this application is however accessible only by means of a narrow unsealed road (Tamrookum Creek Road) that presently carries very low volumes of traffic. This road and a number of creek crossings would require upgrading to be able to safely accommodate the traffic generated by the proposed development.
It is also noted that sections of the road formation of Tamrookum Creek Road are located outside the gazetted road reserve which would need to be rectified. The impact of the additional traffic on the intersection of the Tamrookum Creek Road and the Mt Lindesay Highway presents an unacceptable safety risk that to be overcome would necessitate the reconstruction of the intersection further to the south away from the Tamrookum Creek bridge. Each of these matters, even taken alone, would warrant the recommendation the application be refused.
In terms of the actual use of the subject land, the material provided in support of the application did not contain adequate information to determine that the environmental values of the property and wider areas would not be adversely impacted by the proposed development.
The impact of noise generated by the activities and the potential for sediment from trails and access tracks to impact waterways are particular concerns. It should be noted that even if a satisfactory outcome could be assured with these matters, the issues of road safety and vehicle access would still be an impediment to recommending approval of the application.
The matters raised in the submissions reflect all of the above concerns. It is agreed that the upgrades to Tamrookum Creek Road required to accommodate this development would change the amenity and character of the Tamrookum Creek valley.
The issues outlined in this conclusion are reflected in the number of provisions of the planning scheme with which the is in development conflict and which are set out below in the reasons for refusal.
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Asset & Environmental Sustainability
11.8 Inquiry into the management of the Inland Rail project by the Australian Rail Track Corporation and the Commonwealth Government
Executive Officer: General Manager Asset and Environmental Sustainability
Item Author: General Manager Asset and Environmental Sustainability
Attachments:
1. Draft Submission to Senate Inquiry ⇩
Executive Summary
On 17 September 2019, the Senate moved that the management of the Inland Rail project by the Australian Rail Track Corporation and the Commonwealth Government be referred to the Rural and Regional Affairs and Transport References Committee for inquiry and report by 30 September 2020. Council has been invited to make a submission.
Recommendation
That:
1. Council provide a submission to the Senate Rural and Regional Affairs and Transport References Committee in response to the Inquiry into the management of the Inland Rail project by the Australian Rail Track Corporation and the Commonwealth Government; and
2. Once submitted to the Senate Rural and Regional Affairs and Transport References Committee the submission be made public.
Previous Council Considerations / Resolutions
Not applicable.
Report / Background
The Rural and Regional Affairs and Transport References Committee has invited Council to make a submission to the Senate Inquiry into the management of the Inland Rail project by the Australian Rail Track Corporation and the Commonwealth Government, with particular reference to: a. financial arrangements of the project; b. route planning and selection processes; c. connections with other freight infrastructure, including ports and intermodal hubs; d. engagement on route alignment, procurement and employment; e. urban and regional economic development opportunities; f. collaboration between governments; g. interaction with National Freight and Supply Chain Strategy; and h. any other related matters.
Council has been invited to make a submission addressing all or some of the issued identified the above Terms of Reference. The closing date for submission to the inquiry was originally 8 November 2019, the Committee has extended the submission due date to 10 December 2019 for Council. This affords Council the opportunity to endorse a submission in response to the Inquiry.
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Based on initial discussions with Councillors and the Executive Team, the following points are considered to be appropriate and will form Council's submission to the inquiry: a. Financial arrangements of the project • Council does not have any oversight of the Inland Rail project's financial arrangements. b. Route planning and selection processes • Route is within the Southern Freight Rail Corridor gazetted in 2010 by the Queensland State Government, except for the tunnel section through the Teviot Range. • The strategic paradigm utilised is rearward focused with a timeframe too short for a nation building project with a 100 year horizon • The Bromelton - Kagaru - Acacia Ridge project in particular is a poor corridor when viewed over the next century. Acacia Ridge is too urban to be a viable future intermodal facility. • The planned passenger rail alignment should be combined in the same corridor c. Connections with other freight infrastructure, including ports and intermodal hubs • Critical need to upgrade associated road links, particularly between Bromelton and Browns Plains - i.e. the Mount Lindesay Highway, and alternative links such as the Woodhill to Bromelton Link • Project connects to Bromelton State Development Area (BSDA) - provides stimulus for business investment resulting in creation of local jobs, and complements Council's Regional Prosperity Strategy which is under development • BSDA includes an Intermodal Terminal built, owned and operated by SCT Logistics • High efficiency connectivity to the Port of Brisbane is critical. d. Engagement on route alignment, procurement and employment • Route alignment - engagement with landowners; community consultative committees • Procurement - Inland Rail forum; Industry Rail Briefings; Web pages for Local and Small businesses; Industry Capability Network to match businesses with opportunities e. Urban and regional economic development opportunities; • In-depth study to identify the potential economic opportunities for regional Australia resulting from the operation of Inland Rail; web pages on long term economic benefits f. Collaboration between governments • Engagement to date between ARTC and SRRC has been open and collaborative • Engagement with SRRC since 2017 • ARTC-SRRC Interface Meetings continue monthly until the end of the Inland Rail project • Road - rail interface technical group have met since July 2018 • Various presentations on specific issues to Councillors, Executive Team and Officers: - Level crossings - Flora and Fauna - Social Impact • Council has promoted ARTC materials on the SRRC website, social media etc
Item 11.8 Page 125 Ordinary Meeting Agenda 9 December 2019 g. Interaction with National Freight and Supply Chain Strategy • Council awaits further development on this strategy. h. Any other related matters. • Whilst residents have generally accepted the reality that the rail is coming, they are deeply concerned with the perceived inflexibility and short term thinking that they interpret from current Australian Rail Track Corporation's responses to their matters. • The decision to construct anything but grade-separated crossovers between road and rail is not acceptable on a project designed for the next 100 years. Level crossings have impacts not just on safety, but also on productivity of both local businesses and residents travelling to and from work, as well as isolating properties if the crossing becomes blocked due to an incident with a train or with a vehicle. • Many local residents and business operators remain concerned about the lack of proposed mitigations for major impacts such as noise.
It should be noted that submissions become committee documents and, absent a committee decision to the contrary, are published online. Persons making submissions must not release them without the committee's prior approval. Submissions are covered by parliamentary privilege but their unauthorised release is not. Should Council wish for its submission to remain confidential, specific reasons for requesting confidentiality is to be attached to the submission. Some arrangements between Council and ARTC are covered by the Confidentiality Deed and at time of writing this report further advice was being sought to provide guidance as to the relevancy of the Confidentiality Deed as a valid reason for continued confidentiality of Council's submission by the Inquiry Committee.
Budget / Financial Implications
Not applicable.
Strategic Implications
Operational Plan
Theme: 2. Sustainable and Prosperous Economy
Key Area of Focus: 2.1.1 Guide and optimise the future economic prosperity of the region
Legal / Statutory Implications
Not applicable.
Risks
Strategic Risks
The following Level 1 and Level 2 (strategic) risks are relevant to the matters considered in this report:
SR43 Inadequate or ineffective planning, delivery and maintenance of infrastructure resulting in risk to public and staff safety and potential financial implications.
Item 11.8 Page 126 Ordinary Meeting Agenda 9 December 2019
Risk Assessment
Category Consequence Likelihood Inherent Treatment of Residual Risk Rating risks Risk Rating Infrastructure & Moderate Likely High 10 Year Capital Works Medium Assets Programs; Core Asset Management Plans; Lack of or Design and inadequate Construction Manual; strategic planning and growth prediction undertaken
Consultation
All Councillors and key staff involved in the project have been consulted in the preparation of this submission.
Conclusion
It is proposed that Council make a submission in response to the Senate inquiry into the management of the Inland Rail project by the Australian Rail Track Corporation and the Commonwealth Government.
Item 11.8 Page 127 Ordinary Meeting Agenda 9 December 2019
Item 11.8 - Attachment 1 Page 128 Ordinary Meeting Agenda 9 December 2019
Item 11.8 - Attachment 1 Page 129 Ordinary Meeting Agenda 9 December 2019
Item 11.8 - Attachment 1 Page 130 Ordinary Meeting Agenda 9 December 2019
Item 11.8 - Attachment 1 Page 131 Ordinary Meeting Agenda 9 December 2019
11.9 Renaming of Dugandan Oval, Boonah
Executive Officer: General Manager Asset and Environmental Sustainability
Item Author: Manager Maintenance and Operations
Attachments:
1. Locality Map Dugandan Oval, Boonah ⇩ 2. Aerial Map Dugandan Oval, Boonah ⇩ 3. Public Notice - Oval Renaming ⇩
Executive Summary
Public consultation in respect of the proposed renaming of Dugandan Oval described as part of Lot 329 on SP140084, situated at Boonah-Rathdowney Road, Boonah to "Ron Bushby Oval", has been finalised.
Recommendation
That Council rename Dugandan Oval to "Ron Bushby Oval", described as part of Lot 329 on SP140084, situated adjacent to Boonah-Rathdowney Road, Boonah, whilst acknowledging the overall park will remain as Dugandan Park.
Previous Council Considerations / Resolutions
Not applicable.
Report / Background
Fassifern Cricket Association Inc. has requested Dugandan Oval, the cricket oval situated within Dugandan Park, Boonah-Rathdowney Road, Boonah described as Part of Lot 329 on SP140084 be renamed to "Ron Bushby Oval" in honour of the late Ron Bushby. Ron was a life member of the Association and his contribution to cricket was significant and is still felt today.
Ron Bushby helped to install the original turf cricket block and, as a player, curator and committee member, Ron continued to volunteer his services through the decades that followed. Ron's dedication to cricket is also recognised outside the Fassifern through his involvement with the Queensland Country Cricket Association.
At a meeting of the Fassifern Cricket Association Inc., a motion was passed to rename Dugandan Oval to "Ron Bushby Oval" with all attendees in favour.
The entirety of the park will remain known as Dugandan Park, with the cricket oval area only to be renamed to Ron Bushby Oval. The area of the park known as Toby Slater Park will remain unchanged.
Subsequent to Council advertising its intention to rename Dugandan Oval in the Beaudesert Times and The Fassifern Guardian newspapers on 2 October 2019, Council received one submission objecting to the renaming of Dugandan Oval. The submitter views it as inappropriate and disrespectful to rename the oval after one individual, as many others have been involved with the development and the continued upkeep of the cricket wickets and surroundings.
Item 11.9 Page 132 Ordinary Meeting Agenda 9 December 2019
Budget / Financial Implications
Nil.
Strategic Implications
Operational Plan
Theme: 7. Healthy, Engaged and Resourceful Communities
Key Area of Focus: 7.1.1 Build capacity to improve health and wellbeing in the community
Legal / Statutory Implications
Not applicable.
Risks
Strategic Risks
The following Level 1 and Level 2 (strategic) risks are relevant to the matters considered in this report:
SR41 Inadequate or lack of appropriately defined service Levels in place resulting in failure to deliver or meet appropriate expectations of stakeholders.
Risk Assessment
Category Consequence Likelihood Inherent Treatment of Residual Risk Rating risks Risk Rating Legal Major Almost certain Extreme Community Survey, Medium Compliance and Consultation and Liability Engagement; Service Level Framework Adverse impacts (review, planning and to the documentation community due to failure to meet the expectations of stakeholders
Consultation
An invitation for public consultation was advertised in the Beaudesert Times and The Fassifern Guardian newspapers on 2 October 2019, with Council receiving one submission objecting to the renaming of Dugandan Oval, Boonah.
Conclusion
Given Council has only received one submission objecting to the renaming of Dugandan Oval, Boonah, it is considered appropriate to rename the oval to "Ron Bushby Oval".
Item 11.9 Page 133 Ordinary Meeting Agenda 9 December 2019
Item 11.9 - Attachment 1 Page 134 Ordinary Meeting Agenda 9 December 2019
Item 11.9 - Attachment 2 Page 135 Ordinary Meeting Agenda 9 December 2019
Item 11.9 - Attachment 3 Page 136 Ordinary Meeting Agenda 9 December 2019
11.10 Request for Council to accept Trusteeship of the Harrisville Cemetery
Executive Officer: General Manager Asset and Environmental Sustainability
Item Author: Manager Maintenance and Operations
Attachments:
1. Aerial map of Harrisville Cemetery ⇩ 2. Letter Harrisville Cemetery Trust re Harrisville Cemetery ⇩ 3. Letter Uniting Church in Australia re Engelsburg Methodist Pioneer Cemetery ⇩ 4. Response Uniting Church in Australia re Engelsburg Methodist Pioneer Cemetery ⇩
Executive Summary
Council has received correspondence from the Harrisville Cemetery Trust (HCT) requesting it accept trusteeship of the Reserve land on which the Harrisville Cemetery is situated. Maintenance and management of the cemetery will remain the responsibility of the HCT.
Recommendation
That:
1. Council accept trusteeship of the Reserve Land on which the Harrisville Cemetery is situated, more particularly described as Lot 81 on C840; and
2. A management agreement be developed with the current Trustees for ongoing maintenance and administration of the Harrisville Cemetery.
Previous Council Considerations / Resolutions
Nil.
Report / Background
The Harrisville Cemetery is situated adjoining Warrill View - Peak Crossing Road, Harrisville (refer Attachment 1). The property is more particularly described as Lot 81 on C840 and is Reserve for the purpose of 'Cemetery'.
As well as burial monumentation, the property includes vehicular access and a toilet block.
At present, members of the HCT are gazetted Trustees of the property. The HCT manages the administration of the cemetery as well as general upkeep and maintenance.
Due to the declining number of Trustee members, the HCT wishes to relinquish its trusteeship of the property in favour of Council (refer Attachment 2). For the foreseeable future, the management and operation of the cemetery would remain a function of the HCT.
The Department of Natural Resources, Mines and Energy (DNRME), the agency responsible for administering Reserve land, has moved away from accepting individuals as Trustees and, as such, the HCT is unable to nominate further individuals for this role. DNRME has explained that, individuals bear a significant liability risk as a Trustee.
Item 11.10 Page 137 Ordinary Meeting Agenda 9 December 2019
DNRME will now only accept, at a minimum, an incorporated body as Trustee. Of note, a Reserve also ceases to operate upon the death of all of the Trustees and reverts to the DNRME as 'unallocated state land'.
If Council were to accept trusteeship of the property, it is proposed to enter into an Agreement with the HCT to ensure that the ongoing administration and upkeep of the property remains a function of the HCT.
A future minor risk does exist for Council if the HCT were unable to continue in this capacity. A minimum 12 month transition period is to be written into the Agreement wherein relevant Council budgetary and administrative actions can be effected to commence management of the cemetery and wider property.
Two tables outline the cemeteries located within the Scenic Rim region are provided for Council's reference.
Table 1 - Scenic Rim Regional Council cemeteries on Council owned or controlled property
Address Comments Milbong Cemetery Closed to further interment 2588 Ipswich-Boonah Road, Milbong Coulson Cemetery Closed to further interment Ipswich Boonah Road, Coulson Maroon Cemetery Maintained and administered by Newlove family Boonah-Rathdowney Road, Maroon Beaudesert Cemetery 56 Boundary Street, Beaudesert Tamborine Mountain Cemetery Main Western Road, Tamborine Mountain Canungra Cemetery 2044 Beaudesert Nerang Road, Witheren Wonglepong Cemetery Franklin Lane, Wonglepong Boonah Cemetery Elliot Road, Boonah Kalbar Cemetery 82 Munbilla Road, Kalbar
In relation to the Maroon Cemetery, at the time of amalgamation, the operation and maintenance of same was under the control of members of the Newlove family who live in close proximity to the cemetery. Given the very low utilisation of the cemetery and the complexities associated with same (very sloping site, basic record/map keeping), it was considered simpler to maintain the status quo in relation to administration of this site. Council neither receives revenue nor outlays expenditure in relation to this site.
Milbong Cemetery is considered a historical cemetery with administration reverting to the then Council of the Shire of Boonah in 1961 after resignation of Trustees of the Milbong Cemetery. Administration of the Coulson Cemetery likewise reverted from Trustees to the Council of the Shire of Boonah in 1961 upon the resignation of Trustees. Due to the paucity of accurate burial records, this cemetery is also closed to interment.
Item 11.10 Page 138 Ordinary Meeting Agenda 9 December 2019
Table 2 - Cemeteries owned or controlled by other entities
Address Owned or Controlled by
Mount Barney Road, Barney View Barney View Cemetery Association Incorporated Tarome Road, Rosevale Churches Of Christ In Queensland St Patrick's Catholic Church Corporation of the Trustees Roman Catholic 766 Rosevale Road, Rosevale Archdiocese of Brisbane 6659 Mt Lindesay Highway, Gleneagle Corporation of the Trustees Roman Catholic Archdiocese of Brisbane Palen Creek Catholic Church Corporation of the Trustees Roman Catholic 11605 Mt Lindesay Highway, Archdiocese of Brisbane Palen Creek Kalbar Connection Road, Kalbar Corporation of the Trustees Roman Catholic Archdiocese of Brisbane Christmas Creek Catholic Church Corporation of the Trustees Roman Catholic 1441 Christmas Creek Road, Archdiocese of Brisbane Christmas Creek Kerry Catholic Church 1823 Kerry Road, Corporation of the Trustees Roman Catholic Kerry Archdiocese of Brisbane 237 Boonah-Rathdowney Road, Dugandan Lutheran Church of Australia Queensland District Podlich Road, Hoya Lutheran Church of Australia Queensland District Carter Road, Aratula Lutheran Church of Australia Queensland District Old Kalbar Road, Kalbar Lutheran Church of Australia Queensland District Ipswich Boonah Road, Roadvale Lutheran Church of Australia Queensland District 250 Teviotville Road, Kalbar St John's Lutheran Church - Engelsburg Cemetery Road, Rosevale St Paul's Lutheran Congregation Of Rosevale Coleyville Cemetery Road, Coleyville The Baptist Union of Queensland Red Bridge Road, Boonah The Baptist Union of Queensland No road frontage (off Edward Street), Kalbar The Baptist Union of Queensland Harrisville Cemetery, The Trustees Harrisville Cemetery Warrill View Peak Crossing Road, Harrisville Engelsburg Methodist Pioneer Cemetery, The Uniting Church In Australia Property Trust Munbilla Road, Kalbar (Qld) Mount Walker Cemetery Trustees Mount Walker Cemetery Rosewood-Warrill View Road, Mount Walker Mutdapilly Cemetery, Trustees Mutdapilly Cemetery 145-173 Mutdapilly Churchbank Weir Road, Mutdapilly 59 Tamrookum Church Road, Mr Geoffrey A Purvis-Smith, Corporation Of The Tamrookum Synod Of The Diocese Of Brisbane
Item 11.10 Page 139 Ordinary Meeting Agenda 9 December 2019
Council has previously received a request (refer Attachment 3) dated 15 March 2016 from the Uniting Church in Australia, regarding Council taking over ownership and maintenance of the Engelsburg Methodist Pioneer Cemetery. This was due to the Uniting Church closing in Kalbar and having no presence to maintain the cemetery. Council advised the Uniting Church by letter (refer Attachment 4) dated 8 April 2016, that Council had facilitated an arrangement whereby the Palen Creek Correction Centre at Rathdowney would undertake maintenance of the Cemetery grounds as part of its Community Services project.
Budget / Financial Implications
The risk to Council would be in the form of ongoing maintenance and operational costs in the event of the HCT being wound up.
Strategic Implications
Operational Plan
Theme: 3. Open and Responsive Government
Key Area of Focus: 3.1.3 Embed community engagement and partnerships that improve shared understanding
Legal / Statutory Implications
Not applicable.
Risks
Strategic Risks
The following Level 1 and Level 2 (strategic) risks are relevant to the matters considered in this report:
SR41 Inadequate or lack of appropriately defined service levels in place resulting in failure to deliver or meet appropriate expectations of stakeholders.
Risk Assessment
Category Consequence Likelihood Inherent Treatment Residual Risk of risks Risk Rating Rating Infrastructure & Assets Major Almost certain Extreme Service level Medium framework; Adverse impact on the community community due to consultation; inadequate or lack of communication appropriately defined service strategy levels in place resulting in failure to deliver or meet appropriate expectations of stakeholders
Item 11.10 Page 140 Ordinary Meeting Agenda 9 December 2019
Consultation
DNRME was consulted regarding the advice received on the cessation of a Reserve status in the event of the passing of all Trustees.
Conclusion
Council has been asked to accept trusteeship of the property of the Harrisville Cemetery on Lot 81 on C840. With the declining membership of the HCT, there is a minor risk to Council due to the possibility of ongoing maintenance and operational costs. These risks will be further mitigated by the development of a Management Agreement for the ongoing operation of the Harrisville Cemetery.
Item 11.10 Page 141 Ordinary Meeting Agenda 9 December 2019
Item 11.10 - Attachment 1 Page 142 Ordinary Meeting Agenda
Item 11.10 - Attachment 2 Page 143 Ordinary Meeting Agenda 9 December 2019
Item 11.10 - Attachment 3 Page 144 Ordinary Meeting Agenda 9 December 2019
Item 11.10 - Attachment 3 Page 145 Ordinary Meeting Agenda 9 December 2019
Item 11.10 - Attachment 4 Page 146 Ordinary Meeting Agenda 9 December 2019
11.11 Building Better Regions Fund Round 4 Grant Funding
Executive Officer: General Manager Asset and Environmental Sustainability
Item Author: Manager Maintenance and Operations
Attachments: Nil
Executive Summary
Council is requested to consider making application under the Building Better Regions Fund Round 4 Steams, Infrastructure Projects and/or Community Investments for the Beaudesert Revitalisation Project.
Recommendation
That Council endorse an application within the Building Better Regions Fund Round 4 Streams, Infrastructure Projects and/or Community Investments for the Beaudesert Revitalisation Project.
Previous Council Considerations / Resolutions
Not applicable.
Report / Background
The Australian Government is backing communities dealing with the drought. The Government is providing a further $200 million for a fourth round of the Building Better Regions Fund and will target investment in the future growth and prosperity of drought-affected regions that are doing it tough.
In Round Four, the Infrastructure Projects Stream will invest in shovel-ready projects delivering jobs, driving economic growth and building up drought-affected regional communities. In doing so, funding will support and develop the vibrancy of these regions.
The two streams of funding offered are as follows: 1. Infrastructure Projects: Purpose: the Infrastructure Projects Stream will support investment ready projects for new infrastructure, or the upgrade or extension of existing infrastructure, that provide economic and social benefits to regional and remote areas; and 2. Community Investments: Purpose: fund new or expanded local events, strategic regional plans, or leadership and capability strengthening activities that provide economic and social benefits to regional and remote areas.
Applications are not eligible if the applicant is: • a for-profit organisation; • an individual, partnership or trust (however, an incorporated trustee may apply on behalf of a not-for-profit trust organisation); • a Commonwealth, state or territory government agency or body (including government business enterprises) with the exception of those organisations referred to in section 4.1; • a university, technical college, school or hospital; • a Regional Development Australia Committee.
Item 11.11 Page 147 Ordinary Meeting Agenda 9 December 2019
To be eligible projects must: • be aimed at the construction, upgrade or extension of infrastructure that provides economic and social benefits to regional and remote areas; • comprise one of the following activities; • the construction of new infrastructure; • the upgrade to existing infrastructure; • the extension of existing infrastructure; • the replacement of infrastructure where there is a significant increase in benefit; • not have started construction.
The Proposed applications within the Building Better Regions Fund Round 4 Streams, Infrastructure Projects and/or Community Investments, must fulfil the following criteria: • Assessment criterion 1 - Economic benefits of your project for the region (15 points) • Assessment criterion 2 - Social benefits of your project for the region (15 points) • Assessment criterion 3 - Capacity, capability and resources to deliver the project (5 points) • Assessment criterion 4 - Impact of funding on your project (5 points)
The Beaudesert Revitalisation Project is proposed as the project for submission within the Infrastructure Projects stream. The Beaudesert Revitalisation Project is a key strategic project, Council has already invested in this project, the project is shovel ready and meets the criteria specified. The Project creates a community heart destination within Beaudesert including improved green space with shade trees and boulevards, while creating a welcoming gateway, with improved amenities and walkable streets and linkages.
Budget / Financial Implications
Council's proposed contribution is yet to be determined, however, will be budgeted according to the projects submitted.
Strategic Implications
Operational Plan
Theme: 5. Vibrant Towns and Villages
Key Area of Focus: 5.1.2 Re-invigorate town centres through significant vibrancy projects
Legal / Statutory Implications
Not applicable
Risks
Strategic Risks
The following Level 1 and Level 2 (strategic) risks are relevant to the matters considered in this report:
SR41 Inadequate or lack of appropriately defined service Levels in place resulting in failure to deliver or meet appropriate expectations of stakeholders.
Item 11.11 Page 148 Ordinary Meeting Agenda 9 December 2019
Risk Assessment
Category Consequence Likelihood Inherent Treatment of Residual Risk risks Risk Rating Rating Infrastructure & Assets Major Almost certain Extreme 10 Year Capital Medium Works Program; Adverse impacts to the Asset Management community due to Plans; Asset inadequate or lack of Management appropriately defined Steering service levels in place Committee; resulting in failure to Strategic Asset deliver to meet Plans. appropriate expectations of stakeholders.
Consultation
Relevant internal business units will be consulted to determine appropriate project proposals and ongoing preparation of applications.
Conclusion
In order to progress the Beaudesert Revitalisation Project submission, applications will be prepared for submission to utilise Building Better Regions Fund Round 4 funding opportunities.
Item 11.11 Page 149 Ordinary Meeting Agenda 9 December 2019
11.12 Tamborine Mountain Sports Association Interim Lease
Executive Officer: General Manager Asset and Environmental Sustainability
Item Author: Manager Maintenance and Operations
Attachments: Nil
Executive Summary
Council is to enter into a lease with the Tamborine Mountain Sport Association Limited (TMSA) over an additional area within Lot 1 on RP185521, to accommodate the Tamborine Mountain Scout Group.
Recommendation
That Council enter into a lease for a period of 12 months, with the Tamborine Mountain Sports Association Limited over the north-eastern portion of Lot 1 on RP185521, in order to facilitate a sub- lease to the Tamborine Mountain Scout Group, subject to the same terms and conditions as the current lease between Council and the Tamborine Mountain Sports Association Limited including the opportunity for extension if required.
Previous Council Considerations / Resolutions
At the Ordinary Meeting held on 23 June 2009, Item 6.3, the Director recommended that Council endorse the Chief Executive Officer to negotiate a lease agreement with the Tamborine Mountain Sports Association Ltd for the management of the proposed Tamborine Sports and Recreation Complex. This recommendation was adopted at the Ordinary Meeting held on 23 July 2009.
Report / Background
Council is currently reviewing its lease to TMSA over Lease Area A in Lot 1 on RP185521. Concurrently, the Tamborine Mountain Scout Group is seeking to formalise an agreement with Council to establish a Scout Den.
It has been proposed to extend the area leased to TMSA to include the north-eastern portion of the lot, with TMSA to subsequently sub-lease the additional portion to the Scout Group. Given the lease review which is currently underway, it is proposed to grant an interim lease only of 12 months duration over the additional portion of Lot 1 on RP185521 to TMSA, to facilitate the sub-lease arrangement. The interim lease will be subject to the same terms and conditions as the current lease agreement, entered into in September 2009. A survey of the area will be undertaken and the area will be known as Lease Area B.
At the conclusion of the lease review process currently being undertaken, a revision of the current lease and proposed new lease with TMSA will be conducted to enable a new lease to be developed for the entire area, to facilitate the future requirements of Council and TMSA. A further sub-lease arrangement may then be entered into between TMSA and the Scout Group.
Council currently slashes on an infrequent basis, the portion to be provided to the Scout Group. This slashing will continue for the term of this lease, as required.
Item 11.12 Page 150 Ordinary Meeting Agenda 9 December 2019
Budget / Financial Implications
The costs of maintenance of the additional area of Lot 1 on RP185521, proposed to be leased, will be borne by TMSA.
Strategic Implications
Operational Plan
Theme: 3. Open and Responsive Government
Key Area of Focus: 3.1.3 Embed community engagement and partnerships that improve shared understanding
Legal / Statutory Implications
A lease of the additional portion of Lot 1 on RP185521 will be required to be prepared and registered.
Risks
Strategic Risks
The following Level 1 and Level 2 (strategic) risks are relevant to the matters considered in this report:
SR41 Inadequate or lack of appropriately defined service Levels in place resulting in failure to deliver or meet appropriate expectations of stakeholders.
Risk Assessment
Category Consequence Likelihood Inherent Treatment of Residual Risk risks Risk Rating Rating Financial and Economic Major Almost certain Extreme Service level Medium framework Adverse impacts to the (review, community due to Council planning and lack of appropriately defined documentation) service levels resulting in failure to deliver or meet appropriate expectations of stakeholders.
Consultation
Negotiations have been commenced and are ongoing with the committee of the Tamborine Mountain Sports Association as well as representatives of the Tamborine Mountain Scout Group in relation to marrying up the needs of both organisations.
Conclusion
As an interim measure to provide a base for the Scout Group to establish a functioning Scout Den, an area of the north-eastern portion of Lot 1 on RP185521 will be leased to TMSA, for the purpose of sub-lease to Tamborine Mountain Scout Group, on the same terms and conditions as the current lease for a 12 month period.
Item 11.12 Page 151 Ordinary Meeting Agenda 9 December 2019
12 Miscellaneous Business
12.1 Notice of Motion by Cr O'Carroll - Climate Change
Executive Officer: Chief Executive Officer
Item Author: Business Support Officer
Attachments: Nil
Executive Summary
The Chief Executive Officer received a Notice of Motion from Cr O'Carroll, advising of her intention to propose a motion in relation to climate change.
Recommendation
That Council consider Cr O'Carroll's Notice of Motion regarding climate change.
Previous Council Considerations / Resolutions
Not applicable.
Report / Background
Cr O'Carroll has given written notice of her intention to propose the following motion:
"1. That Council acknowledge that climate change and adaptation is identified as a challenge, outcome and priority in the Community Plan 2011-2026 (Revised 2018);
2. That Council acknowledge that climate change is a risk which should be managed;
3. That Council will work towards developing in a timely fashion a statement of intent and subsequent action plan."
Item 12.1 Page 152 Ordinary Meeting Agenda 9 December 2019
13 Confidential Matters
13.1 Main Street Shopping Body Corporate [Closed s.275(1)(h)]
Executive Officer: General Manager Asset and Environmental Sustainability
Item Author: Manager Maintenance and Operations
This report is CONFIDENTIAL in accordance with Section 275(1)(h) of the Local Government Regulation 2012, which permits the meeting to be closed to the public for business relating to the following:
(h) other business for which a public discussion would be likely to prejudice the interests of the local government or someone else, or enable a person to gain a financial advantage.
13.2 Boonah Airfield Future Operations [Closed s.275(1)(h)]
Executive Officer: General Manager Asset and Environmental Sustainability
Item Author: Manager Maintenance and Operations
This report is CONFIDENTIAL in accordance with Section 275(1)(h) of the Local Government Regulation 2012, which permits the meeting to be closed to the public for business relating to the following:
(h) other business for which a public discussion would be likely to prejudice the interests of the local government or someone else, or enable a person to gain a financial advantage.
13.3 Building Better Regions Fund Infrastructure Stream Round 4 - Scenic Rim Agricultural Industrial Precinct Application [Closed s.275(1)(h)]
Executive Officer: General Manager Customer and Regional Prosperity
Item Author: Principal Specialist Regional Prosperity
This report is CONFIDENTIAL in accordance with Section 275(1)(h) of the Local Government Regulation 2012, which permits the meeting to be closed to the public for business relating to the following:
(h) other business for which a public discussion would be likely to prejudice the interests of the local government or someone else, or enable a person to gain a financial advantage.
Page 153 Ordinary Meeting Agenda 9 December 2019
13.4 Tourism Advisory Committee Meetings 2018-2019 [Closed s.275(1)(h)]
Executive Officer: General Manager Customer and Regional Prosperity
Item Author: Principal Specialist Regional Prosperity
This report is CONFIDENTIAL in accordance with Section 275(1)(h) of the Local Government Regulation 2012, which permits the meeting to be closed to the public for business relating to the following:
(h) other business for which a public discussion would be likely to prejudice the interests of the local government or someone else, or enable a person to gain a financial advantage.
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