Minutes of Ordinary Meeting Held Wednesday 12 February 2020 Held

Minutes of Ordinary Meeting Held Wednesday 12 February 2020

Held in the Simeon Lord Room Library / Museum Building Redbank Street, Esk

Present

Cr G Lehmann (Mayor) Cr D Hall (Deputy Mayor) Cr H Brieschke (Councillor) Cr S Choat (Councillor) Cr C Gaedtke (Councillor) Cr M Ogg (Councillor) Cr B Whalley (Councillor)

Mr A Johnson (Chief Executive Officer) Mr M McGoldrick (Director Corporate and Community Services) Mr A Johnson (Director Operations) Mr S Brennan (Acting Director Planning and Development) Mr G Smith (Director Finance) Mrs K Jones (Director HR and Customer Service) Mrs S Pitkin (Minute Secretary / Executive Assistant) Mr B Weier (Communications and Marketing Manager)

Minutes of Ordinary Meeting Wednesday, 12 February 2020

C O N T E N T S

ANZ Kilcoy branch closure ...... 68 Application for Keeping more than Internal audit accounts payable – maximum number of animals – 16 procurement policy proposals ...... 63 Wanora Road Wanora ...... 6 Items for reports for future meetings ... 105 Application for Keeping more than maximum number of animals – 1683 Leave of Absence ...... 3 Brisbane Valley Highway Fernvale ..... 12 Approved inspection program animal Matters of Public Interest ...... 3 registration – budget ...... 66 Mayor and Councillor Reports ...... 102 Meetings authorised by Council ...... 102 Brisbane Airshow sponsorship and Somerset region festival ...... 100 Opening of Meeting ...... 3 Budget review ...... 66 Operations Report for January 2020 ..... 82 Bugs and Butterflies Picnic – Clock Park Lowood ...... 81 Planning and Building Services Monthly Business arising out of minutes of Report – January 2020 ...... 53 previous meeting ...... 3 Proposed Easement – Queensland Urban Utilities – James Street, Lowood –Lot 46 C0/34 Copyright Policy ...... 88 RP32307 – Lot 47 RP32307 ...... 74 Closure of Meeting ...... 105 Community Assistance Grants 2019 - Quotations – Cleaning of Facilities and 2020 – Rotary Club of Ipswich North – Pest Management Activities ...... 73 Doc Id 1172624 ...... 87 Confirmation of Minutes ...... 3 Receipt of Petition ...... 104 Conflict of Interest ...... 4 Reception of notices of motion for next Consideration of notified motions ...... 104 meeting ...... 105 Cr Brieschke - Matters of public interest .. 3 Request to Place Knitted Scarves on Cr Choat - Matters of public interest ...... 4 Selected Trees in Esk ...... 80 Cr Dan Hall - Councillor report ...... 102 Cr Gaedtke - Councillor report ...... 103 Sale of Land for overdue rates action - L 3 Cr Gaedtke - Matters of public interest .... 4 RP14974 at 24 Railway Terrace, Moore Cr Hall - Matters of public interest ...... 3 Qld 4314 ...... 63 Cr Helen Brieschke - Councillor report 102 Sale of Panelfab Portable Building ...... 78 Cr Otis Ogg - Councillor report ...... 103 Security system upgrade ...... 72 Cr Sean Choat - Councillor report ...... 103 Somerset Dam and District Progress Association – Annual General Meeting Development Application No 18513 - Mt ...... 78 Kilcoy Road, Winya ...... 17 Somerset Regional Council Strategic Development Application No 8214 - 8214 Recordkeeping Implementation Plan . 70 Banks Creek Road, Fernvale ...... 49 State Planning Policy guidance material Disabled and Pram access Kilcoy Race for Natural Hazards, risk and resilience Track ...... 71 – Bushfire ...... 4 Esk Racecourse, Showgrounds and Golf Course Master Plan ...... 69 Tourism and Promotions Report January Esk State School Pool – Upgrade Project 2020 ...... 98 ...... 77 Unsealed Roads Upgrade Plan ...... 80 Financial reports - 1 July 2019 to 3 February 2020 ...... 60

Minutes of Ordinary Meeting Wednesday, 12 February 2020

Opening of Meeting The Mayor, Cr Graeme Lehmann, opened the meeting at 9 am.

Leave of Absence Nil

Confirmation of Minutes

Resolution Moved – Cr Brieschke Seconded – Cr Hall

“THAT the Minutes of the Ordinary Meeting held 22 January 2020 as circulated to all Members of Council be confirmed”. Carried Vote – Unanimous

Business arising out of minutes of previous meeting Nil

Matters of Public Interest

Cr Hall - Matters of public interest

Last night meeting with Esk Rural Fire Brigade. Congratulated and thanked them on everything they did during the fires both here and down south. Mr Rusty Kraut received an Australian Fire Service medal.

Cr Brieschke - Matters of public interest

February

13 Brisbane Valley Interagency meeting, 10 am, Fernvale Futures 15 BV Junior Rugby League will host four trial matches at Esk this Saturday from 11.15 am to 4 pm. The visiting teams are Mal Meninga Cup, Hasting Deering Colts, Western Mustangs, Intrust Super Cup Jets and Brothers Ipswich A Grade. Gold coin donation at the gate and venue is fully catered. 17 Kilcoy State High School Investiture Ceremony, 9.15 am. Toogoolawah State High School Investiture Ceremony, 10.30 am. Toogoolawah High School P & C meeting, 6 pm. 19 BV Kilcoy Landcare meeting, 7 pm.

March

5 Government Assistance for Rural Industries and Small Business Information Day, by Rural Financial Counselling Service SQ, 3 March, 9 am to 12 pm, Toogoolawah Golf Club.

Minutes of Ordinary Meeting Wednesday, 12 February 2020

Cr Choat - Matters of public interest

Cr Choat noted that in light of the fires, the economic recovery of the region will take time despite the recent rain. This was reiterated during the recent audience with Coordinator- General for Drought and Flood, Mr Shane Stone with a reminder that there could be economic challenges to come in our a rural based economy.

Cr Gaedtke - Matters of public interest

11 February Esk Community Choir AGM 29 February Commemoration Ceremony – Jimna Hall – Lost native animals of Jimna

Congratulations to Patrick Ross Kraut (Rusty) for being awarded the Australian Fire Service Medal (AFSM) as part of the 2020 Australia Day Honours List. These are some of the highest honours that can be bestowed upon QFES personnel.

Congratulations to Mother and Daughter team, Anita and Taylor Teichmann for taking out 2019 Queensland Class 3 Champions and Aus No 2 in class of the Queensland Off Road Racing comp.

Council has received positive news from the Hon Steven Miles MP (Minister for Health and Minister for Ambulance Services) advising that the Kilcoy dental services will be reviewed to determine how best to deliver public dental services. The dental clinic at the Kilcoy Hospital was closed for a short time due to unforeseen staffing and equipment issues, however was expected to be operational by the end of January 2020. Council has also received positive news around the ongoing provision of the much-needed outreach service of Headspace in Kilcoy. This service will be extended monthly until a source of funding can be identified. I would like to thank our Mayor for providing letters identifying the issues and requesting assistance, and also to the Hon Shayne Neumann MP for his support.

Mayor Lehmann Mayor Lehmann noted that there was another bank closure announced in our region, with the ANZ Bank Kilcoy flagged for closure. A further discussion of this matter will take place in the Finance section of this agenda.

Conflict of Interest No declarations of conflict of interest in the following agenda items were notified at this time.

Subject: State Planning Policy guidance material for Natural Hazards, risk and resilience – Bushfire File Ref: Emergency services - planning - disaster planning – Doc ID 1169504 and 1169893 Action Officer: SPO

Background/Summary On 6 December 2019 Council received advice from the Department of State Development, Manufacturing, Infrastructure and Planning (DSDMIP) that new guidance material had been released to support the State Planning Policy (SPP) for Natural hazards, risk and resilience - Bushfire. The guidance material is intended to assist local governments better integrate planning and mitigation measures, with consideration given to a number of elements, including

Minutes of Ordinary Meeting Wednesday, 12 February 2020 emergency access, water supply, urban design and landscape management. The guidance material has not formed part of Somerset Region Planning Scheme Version 4, which is currently being finalised for adoption, however it will be considered as part of any future amendments to the Somerset Region Planning Scheme.

Queensland Fire and Emergency Services has also released a separate document called Bushfire Resilient Communities. This document goes beyond the land use planning elements and provides technical information about ways to undertake site assessment of bushfire hazard, bushfire mapping and bushfire management plans in bushfire prone areas. It is the intention of the State that these documents will ensure new development is not increasing the state’s bushfire risk and that right mitigation measures are in place.

At around the same time the guidance material was released an amendment was made to the Planning Regulation 2017 which has regulated that local governments cannot make the clearing of vegetation to establish or maintain necessary firebreaks or fire management lines assessable development. The changes mean that regardless of a local government’s planning scheme requirements, in the following circumstances clearing for firebreaks and fire management lines will not require local or state government approval:

• The clearing is to establish or maintain a necessary firebreak to protect infrastructure (other than fences, roads and tracks) to a maximum width of 20 metres or 1.5 times the height of the tallest adjacent tree, whichever is greater. • The clearing is necessary to create a fire management line, up to a width of 10 metres. • The clearing is on land privately owned or leased (where it meets the purpose of the lease). • No other laws or constraints apply.

In terms of the Somerset Region Planning Scheme, the scheme currently identifies that essential management and routine management, which include clearing for necessary firebreaks and fire management lines in accordance with the above distances, is defined as “minor operational works” and approval is not required. As such, minimal impact is expected as a result of the changes to the Planning Regulation 2017.

Attachments • Planning Regulation 2017 changes - clearing vegetation for firebreaks and fire management lines - Fact sheet – December 2019 • Letter from Hon Cameron Dick MP, Minister for State Development, Manufacturing, Infrastructure and Planning dated 10 January 2020

Recommendation THAT Council receive the report regarding the State Planning Policy guidance material for Natural Hazards, risk and resilience – Bushfire and that the contents be noted.

Resolution Moved – Cr Gaedtke Seconded – Cr Ogg

“THAT Council receive the report regarding the State Planning Policy guidance material for Natural Hazards, risk and resilience – Bushfire and that the contents be noted.” Carried Vote – Unanimous

Minutes of Ordinary Meeting Wednesday, 12 February 2020

Subject: Application for Keeping more than maximum number of animals – 2 CC3202 - 34783-00000-000 - 16 Wanora Road Wanora File Ref: Licencing - local laws - Keeping of Animals Action Officer: RSO

Background/Summary

Application Details

On 28 November 2019, Council received an application to keep six (6) dogs from the occupier of 16 Wanora Road, Wanora. The application relates to small breeds including six Australian Terriers.

Regulatory Services Officer conducted an inspection of the site with the occupier on 23 December 2019 and noted the following:

There is one dwelling located on the property.

• All dogs are microchipped, none are de-sexed • These dogs have access to the house yard while owners are home. • Each dog has access to their own kennel and run while the owners aren’t home. • These dogs are confined to an undercover kennel at night.

The property fencing is constructed of mesh fencing and is in good condition and adequate to contain dogs at time of inspection.

Assessment Summary

Complaint History Council has not received complaints regarding dogs kept at this property.

Submissions During the submission period, Council received a submission from a person who was in receipt of the notification. This complaint was regarding barking.

A neighbour of the applicant sent an email document Id 1160094 in relation to barking from the property, no barking complaint has been lodged with council previously.

Contact was made with the complainant CSR 1164738 and a barking dog log was forwarded to him on 8 January 2020. The barking dog process was explained to him and his requirement to submit the completed barking dog log within 14 days to Somerset Regional Council. The completed barking dog log has not been submitted within the required time frame and therefore no further action was taken in relation to his complaint.

Local Law Assessment The below table is an assessment of the application based on Subordinate Local Law No. 1.5 (Keeping of Animals) 2011, Schedule 1, number 4.

Criteria: Compliance (Y/N) (1) Whether the premises on which the animal or animals can be effectively and Y comfortably kept on the premises.

Minutes of Ordinary Meeting Wednesday, 12 February 2020

Comments: The six dogs can be comfortably and effectively housed.

(2) Whether a residence exists on the premises. Y

Comments: A one storey home exists on the premises.

(3) Whether a proper enclosure is maintained on the premises in accordance Y with the requirements of Local Law No. 2 (Animal Management) 2011.

Comments: The enclosure meets the requirements of Subordinate Local Law No. 2, preventing the dogs from going under, over or through the fence and are made from firm and strong materials.

(4) Whether the applicant for the approval or some other suitable person to Y supervise the animal or animals will be resident on the premises on which the animal or animals are to be kept.

Comments: Applicant and her husband reside at the residence.

(5) Whether the animal or animals will be properly supervised. Y

Comments: The owners are at home during the evening with the dogs.

(6) If the application relates to the keeping of dogs or cats – whether the animals Y identified in the application are registered with the local government.

Comments: Two dogs PETE and IVY are currently registered with Somerset Regional Council.

(7) If section 14 of the Animal Management Act applies to the applicant for the Y approval - whether the applicant has complied with the requirements of the section.

14. Owner must ensure cat or dog is implanted

1) A person who is or becomes an owner of a cat or dog that is not implanted with a PPID must ensure the cat or dog is implanted with a PPID before it is 12 weeks old unless the person has a reasonable excuse.

Maximum penalty—20 penalty units.

Note — A cat or dog that is more than 12 weeks old on the commencement of this section need not be implanted with a PPID unless it is supplied. See section 43Y.

2) It is a defence to a prosecution for an offence against subsection (1) for the defendant to prove—

a) here is a signed veterinary surgeon’s certificate for the cat or dog stating that implanting it with a PPID is likely to be a serious risk to the health of the cat or dog; or b) for a dog, the ownership is to use it as—

i. a government entity dog; or

Minutes of Ordinary Meeting Wednesday, 12 February 2020

ii. a working dog; or iii. another class of dog prescribed under a regulation.

Comments: All six dogs are microchipped.

(8) Whether the applicant is a suitable person to hold the approval. Y

Comments: Council has no information to indicate that the applicant is not a suitable person.

(9) Whether the grant of the approval for the prescribed activity on the premises N is likely to – a) cause nuisance, inconvenience or annoyance to occupiers of adjoining land; or b) affect the amenity of the surrounding area; or c) have a deleterious effect on the local environment or cause pollution or other environmental damage.

Comments: Council received a submission relating to the application and a possible noise nuisance (attached). As detailed about a barking dog nuisance has not been established upon investigation. No other submissions have been received by Council during the submission period. The applicant proposes to limit dog barking by putting the barking collars she has purchased for the six dogs.

(10) If the application relates to the keeping of cats – N/A a) whether the cats have been desexed; and b) whether the cats have been fitted with an approved microchip.

Comments:

(11) If the application relates to the keeping of an animal or animals on multi N/A residential premises – a) whether the applicant - is entitled to make use of a common area; and b) whether the applicant has exclusive possession and control of the whole or a part of the common area for the purpose of keeping the animal or animals; and c) whether the applicant has the written permission of the person or body which manages or controls the common area to use the common area, or a part of the common area, for the purpose of keeping the animal or animals.

Comments:

(12) Where the animal or animals are to be kept on premises other than multi N/A residential premises and the applicant is not the owner of the premises - whether the applicant has the written permission of the owner of the premises to keep the animal or animals on the premises.

Comments:

(13) Whether the applicant has been refused a similar type of approval by the N local government or another local government.

Minutes of Ordinary Meeting Wednesday, 12 February 2020

Comments: The applicant has not been refused a similar application.

(14) If the application relates to the keeping of dogs on an allotment, the local N government may only grant an approval if it is satisfied that no dog which is a regulated dog is kept on the allotment.

Comments: There are no regulated dogs kept on the property.

(15) If the application relates to the keeping of up to 4 dogs over the age of 3 N/A months on an allotment which is located outside a designated area and has an area of 10,000m2 or more – whether the applicant for the approval is a current member of an approved entity.

Comments:

(16) If the application relates to the keeping of up to 6 dogs over the age of 3 Y months on an allotment which is located outside a designated area and has an area of 20,000m2 or more – whether the applicant for the approval is an accredited breeder.

Comments: The allotment is outside of the designated area. The property is 68140m2 The applicant is registered with dogs Queensland.

Attachments 1. Locality Plan. 2. Photographs of the fencing/enclosure. 3. Copy of submission.

Recommendation THAT Council grant approval to keep more than the maximum number of dogs under Local Law No 1 (Administration) 2011 and Subordinate Local Law No 1.5 (Keeping of Animals) 2011:

1. On land described as Lot 2 on CC3202, situated at 16 Wanora Road, Wanora;

2. For dogs described in Schedule 1 below; and

3. Subject to the conditions set out in Schedule 2 below.

Schedule 1 Description of dogs: Sex Desexed Name Breed Colour Microchip No. (M/F) (Y/N) Pete Australian Terrier Sandy/Red M N 934000090202830 NV Australian Terrier Blue and Tan F N 953010003180257 Twiggy Australian Terrier Blue and Tan F N 953010001781837 Demi Australian Terrier Blue and Tan F N 900079000008606 Maddy Australian Terrier Blue and Tan F N 953010000790727 Piper Australian Terrier Blue and Tan F N 953010003417565

Minutes of Ordinary Meeting Wednesday, 12 February 2020

Schedule 2 No. CONDITION 1.0 LOCAL LAW 1.1 The approval holder must take all reasonable steps to prevent the dogs from making a noise or disturbance that causes a nuisance or disturbance to the occupiers of other premises.

The applicant must have sufficient barking collars available to limit dog barking as required.

1.2 The approval holder must at all times maintain a proper enclosure in accordance with Schedule 8 of Subordinate Local Law No. 2 (Animal Management 2011.

1.3 The approval holder must ensure that any enclosure in which the dogs are kept is properly drained and that run-off is kept off adjoining premises.

1.4 The approval holder must ensure that excreta, food scraps and other material that is, or is likely to become, offensive is collected daily and, if not immediately disposed of, is kept in a waste container of a kind approved by an authorised person.

1.5 The approval holder must ensure that any enclosure in which the dogs are kept is maintained in:

(i) a clean and sanitary condition and disinfected regularly; and (ii) an aesthetically acceptable condition.

1.6 The approval is limited to the dogs identified in Schedule 1 of this approval.

1.7 The approval holder must be a current member of an approved entity. Upon expiry of the approved entity membership, the approval holder is to forward a copy of the renewed membership to Council.

1.8 The dogs identified in Schedule 1 of this approval must hold registration with Somerset Regional Council.

Resolution Moved – Cr Choat Seconded – Cr Brieschke

“THAT Council grant approval to keep more than the maximum number of dogs under Local Law No1 (Administration) 2011 and Subordinate Local Law No 1.5 (Keeping of Animals) 2011:

1. On land described as Lot 2 on CC3202, situated at 16 Wanora Road, Wanora;

2. For dogs described in Schedule 1 below; and

3. Subject to the conditions set out in Schedule 2 below.”

Schedule 1 Description of dogs: Sex Desexed Name Breed Colour Microchip No. (M/F) (Y/N) Pete Australian Terrier Sandy/Red M N 934000090202830

Minutes of Ordinary Meeting Wednesday, 12 February 2020

NV Australian Terrier Blue and F N 953010003180257 Tan Twiggy Australian Terrier Blue and F N 953010001781837 Tan Demi Australian Terrier Blue and F N 900079000008606 Tan Maddy Australian Terrier Blue and F N 953010000790727 Tan Piper Australian Terrier Blue and F N 953010003417565 Tan

The applicant must have sufficient barking collars available to limit dog barking as required.

1.2 The approval holder must at all times maintain a proper enclosure in accordance with Schedule 8 of Subordinate Local Law No. 2 (Animal Management 2011.

1.3 The approval holder must ensure that any enclosure in which the dogs are kept is properly drained and that run-off is kept off adjoining premises.

1.5 The approval holder must ensure that any enclosure in which the dogs are kept is maintained in:

(i) a clean and sanitary condition and disinfected regularly; and (ii) an aesthetically acceptable condition.

1.6 The approval is limited to the dogs identified in Schedule 1 of this approval.

1.7 The approval holder must be a current member of an approved entity. Upon expiry of the approved entity membership, the approval holder is to forward a copy of the renewed membership to Council.

1.8 The dogs identified in Schedule 1 of this approval must hold registration with Somerset Regional Council." Carried Vote - Unanimous

Minutes of Ordinary Meeting Wednesday, 12 February 2020

Subject: Application for Keeping more than maximum number of animals – 3 RP28861 - 02335-00000-000 - 1683 Brisbane Valley Highway Fernvale File Ref: Licencing - local laws - Keeping of Animals Action Officer: RSO

Background/Summary Application Details On 18 November 2019, Council received an application to keep three (3) dogs from the occupier of 1683 Brisbane Valley Highway, Fernvale. The application relates to medium and large breeds including a Bull Arab, a Bull Mastiff and a Border Collie.

Regulatory Services Officers conducted an inspection of the site with the property occupier on 15 January 2020 and noted the following:

There is one dwelling located on the property.

• All dogs are microchipped and two are de-sexed. • These dogs have access to the area beneath the highset house where they sleep at night.

The property fencing is constructed of barbed wire and mesh fencing with solid timber posts and is in good condition and adequate to contain dogs at time of inspection.

Assessment Summary Complaint History Council has not received complaints regarding dogs kept at this property.

Submissions During the submission period, Council did not receive submissions from persons who were in receipt of the notification.

Local Law Assessment The below table is an assessment of the application based on Subordinate Local Law No 1.5 (Keeping of Animals) 2011, Schedule 1, number 4.

Criteria: Compliance (Y/N) (1) Whether the premises on which the animal or animals can be effectively and Yes comfortably kept on the premises.

Comments: The premises is large enough to comfortably and effectively keep the subject dogs. (2) Whether a residence exists on the premises. Yes Comments: High set old style timber house exists on the premises.

(3) Whether a proper enclosure is maintained on the premises in accordance with Yes the requirements of Local Law No. 2 (Animal Management) 2011.

Comments: The enclosure was in good condition and adequate to keep the three subject dogs at the time of inspection.

(4) Whether the applicant for the approval or some other suitable person to Yes supervise the animal or animals will be resident on the premises on which the

Minutes of Ordinary Meeting Wednesday, 12 February 2020 animal or animals are to be kept.

Comments: Three adults and four children reside on the premises and can supervise the dogs.

(5) Whether the animal or animals will be properly supervised. Yes

Comments: The residents at the premises are capable of proper supervision of the dogs.

(6) If the application relates to the keeping of dogs or cats – whether the animals Yes identified in the application are registered with the local government.

Comments: Two dogs are currently registered with Somerset Council. The third dog is not currently registered and is subject to this application.

(7) If section 14 of the Animal Management Act applies to the applicant for the Yes approval - whether the applicant has complied with the requirements of the section.

14. Owner must ensure cat or dog is implanted

Maximum penalty—20 penalty units. Note — A cat or dog that is more than 12 weeks old on the commencement of this section need not be implanted with a PPID unless it is supplied. See section 43Y.

3) It is a defence to a prosecution for an offence against subsection (1) for the defendant to prove—

(i) a government entity dog; or (ii) a working dog; or (iii) another class of dog prescribed under a regulation.

Comments: All three dogs have been implanted with a PPID. (8) Whether the applicant is a suitable person to hold the approval. Yes

Comments: Nothing adverse recorded.

(9) Whether the grant of the approval for the prescribed activity on the premises No is likely to –

(a) cause nuisance, inconvenience or annoyance to occupiers of adjoining land; or (b) affect the amenity of the surrounding area; or

Minutes of Ordinary Meeting Wednesday, 12 February 2020

Comments: (a) No complaints received, (b) rural setting nil effect on surrounding area; (c) nil effect.

(10) If the application relates to the keeping of cats – N/A a) whether the cats have been desexed; and b) whether the cats have been fitted with an approved microchip.

Comments: N/A

(12) Where the animal or animals are to be kept on premises other than multi Yes residential premises and the applicant is not the owner of the premises - whether the applicant has the written permission of the owner of the premises to keep the animal or animals on the premises.

Comments: The applicant has the consent of the property owner Darren ZANOW (see application)

(13) Whether the applicant has been refused a similar type of approval by the No local government or another local government.

Comments: First application submitted by the applicant, to the Somerset Regional Council

(14) If the application relates to the keeping of dogs on an allotment, the local N/A government may only grant an approval if it is satisfied that no dog which is a regulated dog is kept on the allotment.

Comments: No regulated dogs apply to this application.

Comments: The application relates to three (3) dogs only and is on land with an area of 11.6 hectares situated outside the urban footprint.

Minutes of Ordinary Meeting Wednesday, 12 February 2020

(16) If the application relates to the keeping of up to 6 dogs over the age of 3 N/A months on an allotment which is located outside a designated area and has an area of 20,000m2 or more – whether the applicant for the approval is an accredited breeder.

Comments: The application relates to three (3) dogs only and is on land with an area of 11.6 hectares situated outside the urban footprint.

Attachments 1. Locality Plan 2. Photographs of the fencing/enclosure and subject dogs

Recommendation THAT Council grant approval to keep more than the maximum number of dogs under Local Law No 1 (Administration) 2011 and Subordinate Local Law No 1.5 (Keeping of Animals) 2011:

1. On land described as Lot 3 on RP28861, situated at 1683 Brisbane Valley Highway, Fernvale;

2. For dogs described in Schedule 1 below; and

3. Subject to the conditions set out in Schedule 2 below.

Schedule 1 Description of dogs: Name Breed Colour Sex Desexed Microchip No. (M/F) (Y/N) Reepa Bull Arab White and Tan F Y 953010002276802

Lexie Bull Mastiff Tan F Y 900032002988709

Cinnamon Border Collie Chocolate and M N 953010002042100 White

1.2 The approval holder must at all times maintain a proper enclosure in accordance with Schedule 8 of Subordinate Local Law No. 2 (Animal Management) 2011.

1.3 The approval holder must ensure that any enclosure in which the dogs are kept is properly drained and that run-off is kept off adjoining premises.

Minutes of Ordinary Meeting Wednesday, 12 February 2020

1.5 The approval holder must ensure that any enclosure in which the dogs are kept is maintained in:

(i) a clean and sanitary condition and disinfected regularly; and (ii) an aesthetically acceptable condition.

1.6 The approval is limited to the dogs identified in Schedule 1 of this approval.

1.7 The approval holder must be a current member of an approved entity. Upon expiry of the approved entity membership, the approval holder is to forward a copy of the renewed membership to Council.

1.8 The dogs identified in Schedule 1 of this approval must hold registration with Somerset Regional Council.

Resolution Moved – Cr Hall Seconded – Cr Choat

“THAT Council grant approval to keep more than the maximum number of dogs under Local Law No 1 (Administration) 2011 and Subordinate Local Law No 1.5 (Keeping of Animals) 2011:

1. On land described as Lot 3 on RP28861, situated at 1683 Brisbane Valley Highway, Fernvale;

2. For dogs described in Schedule 1 below; and

3. Subject to the conditions set out in Schedule 2 below.

Schedule 1 Description of dogs: Name Breed Colour Sex (M/F) Desexed Microchip No. (Y/N) Reepa Bull Arab White and Tan F Y 953010002276802

Lexie Bull Mastiff Tan F Y 900032002988709

Cinnamon Border Collie Chocolate and M N 953010002042100 White Schedule 2 No. CONDITION 1.0 LOCAL LAW 1.1 The approval holder must take all reasonable steps to prevent the dogs from making a noise or disturbance that causes a nuisance or disturbance to the occupiers of other premises.

1.2 The approval holder must at all times maintain a proper enclosure in accordance with Schedule 8 of Subordinate Local Law No. 2 (Animal Management) 2011.

1.3 The approval holder must ensure that any enclosure in which the dogs are kept is

Minutes of Ordinary Meeting Wednesday, 12 February 2020

properly drained and that run-off is kept off adjoining premises.

1.5 The approval holder must ensure that any enclosure in which the dogs are kept is maintained in:

(i) a clean and sanitary condition and disinfected regularly; and (ii) an aesthetically acceptable condition.

1.6 The approval is limited to the dogs identified in Schedule 1 of this approval. 1.7 The approval holder must be a current member of an approved entity. Upon expiry of the approved entity membership, the approval holder is to forward a copy of the renewed membership to Council.

1.8 The dogs identified in Schedule 1 of this approval must hold registration with Somerset Regional Council. Carried Vote - Unanimous

Subject: Development Application No 18513 - Application for Development Permit for Reconfiguring a Lot for subdivision (One into 30 lots); and Preliminary Approval for a variation request seeking to vary the effect of the Planning Scheme to allow Animal keeping (Horse keeping) File No: DA18513 Action Officer: PO - RC Assessment No: 80964-80000-000

1.0 APPLICATION SUMMARY

Subject Land Location Mount Kilcoy Road, Winya Real Property Description Lot 1 on SP162871 Area 40.510 hectares Current land use Vacant

Somerset Region Planning Scheme Version Three Zone Emerging Community Desired Settlement Pattern Future Park Residential

Shaping SEQ: SEQ Regional Plan 2017 Land Use Category Urban Footprint

Application Proposed development Park residential subdivision for 30 lots; and Varying the effect of the Planning Scheme to allow horse keeping Level of Assessment Impact Applicant/s Veris Australia Pty Ltd

Minutes of Ordinary Meeting Wednesday, 12 February 2020

Applicants contact details PO Box 1032 Fortitude Valley QLD 4006 Attn: Greg Connors Date application received 10 April 2019 Date properly made 18 June 2019

Referral Agencies Department of State Development, Manufacturing, Infrastructure and Planning for the following triggers:

• Schedule 10, Part 8, Division 2, Subdivision 3, Table 2 - Development adjoining a Queensland heritage place; • Schedule 10, Part 9, Division 4, Subdivision 2, Table 1 - Reconfiguration of a lot in proximity to a State transport corridor • Schedule 10, Part 9, Division 4, Subdivision 2, Table 4 - Material change of use in proximity to a State transport corridor

Public Notification Required by the legislation

Public notification was undertaken from 1 November 2019 to 16 December 2019. During that period, Council received zero submissions.

RECOMMENDED DECISION

Approve Development Application No 18513 subject to the requirements and conditions contained in the Schedules and Attachments

2.0 PROPOSAL

There are two components to this development application. For the first component, the applicant seeks a Development Permit for Reconfiguring a lot by subdivision creating thirty Park residential lots. For the second component, the applicant seeks a Preliminary Approval for a variation request seeking to vary the effect of the Planning Scheme to allow Animal keeping (Horse keeping) at the subdivision development.

2.1 Reconfiguring a Lot component The proposed subdivision seeks to create thirty Park residential lots ranging in different sizes, from approximately 5,200m2 to 25,000m2 in area. The following table provides a summary of proposed the number of lots proposed and their lot size range:

Lot size range Number of lots 5,000m2 to 10,000m2 12 10,000m2 to 15,000m2 8 15,000 m2 to 20,000 m2 8 20,000 m2 to 25,000 m2 1 Over 25,000 m2 1

The proposed subdivision plan is provided as Attachment 1.

The applicant has proposed to carry out the subdivision in two stages. In the first stage, fourteen

Minutes of Ordinary Meeting Wednesday, 12 February 2020 lots will be created. In the second stage, sixteen lots will be created. The proposed staging plan is provided as Attachment 2.

The Planning Scheme identifies the site as Emerging community zone and the Desired Settlement Pattern for the subject site is future Park residential uses (lots greater than 4,000m2). New internal roads will be constructed providing access to and within the subdivision development. The proposed development will also be connected to the existing road network in the area. The development will be accessed from Mount Kilcoy Road to the north and a future road connection to the approved residential estate adjoining the site to the south is also proposed. It is noted the adjoining residential estate has yet to commence.

The applicant has also proposed a footpath between proposed Lots 12 and 13 allowing non- vehicle access into the proposed estate from Kilcoy Murgon Road. The internal roads will have a minimum width of 20m. The roads will not be provided with kerb and channel, which is consistent with the relevant Council’s Design Standards for Park residential developments. The proposed development is available for connection to the reticulated water supply network, electricity infrastructures and telecommunication networks.

2.2 Variation to the Planning Scheme component The proposed variation to the Planning Scheme requests to vary the current criteria and provisions in the Planning Scheme to streamline the process for Animal keeping (keeping of horses) use in the proposed residential estate.

Pursuant to the Planning Scheme, keeping horses for the boarding, breeding or training in a stable on allotments identified in the Emerging community zone is Accepted development (subject to requirements) if on a site greater than one hectare in area and complying with the Rural zone and Animal keeping codes. If the proposed use fails to comply with the above requirements, then it will be assessable development, requiring a Material Change of Use application, subject to impact assessable. The proposed variation is proposed to ensure that horses can be lawfully kept on all proposed lots, in particular, the lots with less than one hectare in area.

The applicant has proposed the following variations to the contents of the Planning Scheme as follows:

• Changes to Table 5.5.3 – Table of Assessment for Emerging community zone. The changes proposed to be made to the Animal keeping use are as follows:

o Insert and include the following categories of development and assessment and assessment benchmarks:

▪ Accepted development subject to requirements: • If horse keeping; and o On a site greater than 0.5 hectare in area; and o Complying with varied Horse keeping provision in the Animal keeping code.

▪ Code assessment: • If horse keeping; and o Not Accepted development subject to requirements; or

▪ Impact assessment • If horse keeping; o Not Code assessment

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The varied table is as of follows:

Categories of development and assessment Assessment benchmarks Accepted development subject to requirements If: • Not applicable a) Horse keeping; and b) On a site greater than 0.5 hectare in area; and c) Complying with varied Horse keeping provision in the Animal keeping code

Code assessment If: • Emerging community zone code a) Horse keeping; and • Animal keeping code b) Not Accepted development subject to requirements

Impact assessment If: • The planning scheme a) not Code assessment

• Changes to Table 8.2.1.3 – Animal keeping code: Accepted and assessable development. The changes proposed to be made are as follows: o Change relevant sections to Horse Keeping: AO2.1/PO2 and AO3.1/PO2 for Horse Keeping.

The varied code is as follows:

Horse keeping PO2 AO2.1 The activity is located on a premises that: The site area is a minimum 0.5 hectare for horse keeping. (a) is of sufficient size to accommodate the use; (b) is of a scale and intensity that does not result in environmental harm or environmental nuisance; and (c) sited to maintain the character of the locality.

PO3 AO3.1 The activity does not result in: The following separation distances are provided for animal enclosures (stables): (a) environmental harm or environmental nuisance on sensitive land uses (a) 40 metres to Kilcoy Murgon Road and located on adjoining premises; and Mount Kilcoy Road road frontage; (b) adverse impacts on water quality (b) 25 metres to a lot’s primary street values of local receiving frontage; environments. (c) 15 metres from side and rear boundaries; (d) 15 metres from a dwelling on the same

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premises; (e) 30 metres from a dwelling on another premises

3.0 SITE DETAILS AND SURROUNDING LAND USES

The subject site is trapezium in shape and is currently vacant and not improved by buildings or structures. The lot has two roads defining its boundaries. The northern frontage by Mount Kilcoy Road and the western frontage by Kilcoy Murgon Road.

The subject site has an undulating topography. The site is located in a park residential area characterised by large lots improved single dwelling houses. The neighbouring site to the east contains the historic Kilcoy Homestead and to the south, a current approval for a park residential subdivision. The site is cleared of significant vegetation and is currently not improved by buildings or structures.

4.0 STATE ASSESSMENT

This application is made under the provisions of the Planning Act 2016. As such it is subject to the requirements of the Act, other relevant Acts, the Planning Regulation 2017, the State Planning Policy, and the South-East Queensland Regional Plan.

The subject site is located within the Urban Footprint of the ShapingSEQ.

The intent of the Urban Footprint is to identify “…land within which the region’s urban development needs to 2041 can be accommodated in a way consistent with the goals, elements and strategies of ShapingSEQ”. This proposal is consistent with this intent.

4.1 State Planning Policy The State Planning Policy (SPP) has been updated since the Somerset Region Planning Scheme came into effect. As such, assessment against the SPP is required, however, the relevant components of the SPP had not been altered since the planning scheme came into effect.

4.2 Vegetation Management Act 1999 As per the Department of State Development, Manufacturing, Infrastructure and Planning’s Development Assessment Mapping System, the proposed development footprint does not contain regulated vegetation requiring further referral.

4.3 Environmental Protection Act 1994 The site is not listed on the Contaminated Land Register or the Environmental Management Register.

4.4 Planning Regulation 2017 The development application triggered referral to the Department of State Development, Manufacturing, Infrastructure and Planning. The Department has since reviewed the application and responded with conditions. The Referral Decision Notice has been provided as Attachment 4.

4.5 Planning Act 2016 In addition, as the application involves a variation to the effect of a Planning Scheme application, s61(2) of the Planning Act 2016 and s32 of the Planning Regulation 2017 must be assessed.

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The applicant has supported the proposed variation request with the following reasons:

• The proposed estate is situated on the edge of Kilcoy’s Urban Footprint; • The proposed estate contains a range of lot sizes all in excess of 5,000m2; and • The proposed variation ensures future horse keeping activities in the proposed estate will not cause problems from an amenity perspective as it maintains adequate separation distances from the animal enclosures to the lots’ boundaries and dwellings.

The proposed variation has been assessed and the proposed variation sought is considered to be consistent with the rest of the Planning Scheme. Sufficient information has also been provided for later development applications.

The applicant, as part of the development application did not apply to change the current zoning from Emerging community zone to General residential zone Park residential precinct.

To reflect the proposed subdivision development, Council at the next Planning Scheme amendment may seek to change the zoning of the property. The proposed variation will remain applicable after the zoning of the proposed residential estate has updated. It is worth noting that under the current Planning Scheme, keeping of horses in the General residential zone Park residential precinct is assessable development, requiring a Material Change of Use application subject to impact assessment.

The proposed application has been assessed in accordance with the relevant sections of the act and regulation.

5.0 COUNCIL ASSESSMENT

An assessment against the relevant parts of the Planning Scheme is set out below.

5.1 Strategic Framework The proposed development is for a 30 lot Park residential subdivision and a request to vary the effect of the Planning Scheme to streamline the process of horse keeping in the residential estate. The proposed development complies with 3.3.2 Element-Urban growth management of the Planning Scheme. The site is identified as Emerging community zone by the Planning Scheme and by the Strategic Framework Map 1f - Desired Settlement Pattern identifies the site for future Park residential development, which the proposed subdivision will create. The proposed developments are compatible with the intent for the subject site and have satisfactorily addressed all potential constraints, as detailed in section 5.2 Code Compliance Summary below.

The subject site is largely void of natural hazard. It is of note that there is a very minor intrusion of flood into some lots along the eastern boundary of the subject but is negligible. Relevant flooding conditions have been included requiring any future habitable area to be compliant with the current standards. The applicant has proposed those lots affected by the flood will have either a building envelope or development exclusion area to avoid developments in the area. The site is not identified to contain Matters of State Environmental Significance or Council’s Koala habitat areas.

The development will be serviced by sealed roads and when completed, will be connected to an approved subdivision to the south. Infrastructures such as reticulated water supply network, electricity and telecommunications will be provided to the proposed development. The proposed lots sizes will also cater for on-site sewerage treatment systems.

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5.2 Code Compliance Summary

Applicable Code Compliance with Performance Outcomes Overall Outcomes Reconfiguring a lot code Yes Complies with all relevant acceptable outcomes Services, works and infrastructure Yes Complies with all relevant code acceptable outcomes Transport, access and parking code Yes Complies with all relevant acceptable outcomes Emerging community zone code Yes Alternative solution sought for PO10 Air transport overlay code Yes Alternative solution sought PO1 Flood hazard overlay code Yes Alternative solution sought for PO13 Local heritage overlay code Yes Alternative solution sought for PO8

Emerging community zone code Performance outcomes Examples Development for urban purposes PO10 AO10 Development for urban purposes achieves: No acceptable outcome provided.

(a) the mitigation of amenity impacts generated by the possible adjacent location of high impact activities and potential reverse amenity impacts that may interfere with the existing or ongoing use of adjacent rural land for productive rural activities; (b) affordable living opportunities through the delivery of a variety of housing types and sizes that meet varied needs and lifestyle choices; (c) the provision of urban infrastructure and services, including water supply, sewerage, stormwater drainage, electricity, gas and telecommunications; (d) the provision of road and active transport networks that integrate with established and proposed networks beyond the site; (e) the provision of recreation and open space opportunities that can integrate with established and proposed networks beyond the site and other community facilities and infrastructure; (f) the protection of significant historical, cultural, social, recreational, topographic, landscape, and scenic amenity features; (g) the protection of natural habitat areas, wildlife corridors, watercourses and wetlands; and (h) the identification of land that is unsuitable

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for development for urban purposes due to risks to development from flooding, bushfire and landslide

Performance outcome assessment The proposed subdivision creates 30 Park residential lots of various sizes ranging from 5,200m2 to 25,000m2.

The subject site is currently adjoined by vacant properties used for grazing. The proposed subdivision is not expected to be impacted by the adjoining existing rural uses. The nearest known high impact activity is the Kilcoy abattoir located approximately 800m south-east of the subject site.

Council’s Strategic Framework for the subject site is for future Park residential developments. The proposed subdivision offers Park residential lots of various sizes, meeting different needs and lifestyle choices of perspective residents.

The proposed subdivision be provided and connected to reticulated water supply, electricity and telecommunications. The applicant has submitted a stormwater drainage plan detailing the proposed stormwater management of the subdivision.

The proposed subdivision will be integrated with the existing and proposed road network. Connections to Mount Kilcoy Road and to the approved residential subdivision have been proposed by the applicant. An internal road network has also been proposed. A pedestrian path connecting Kilcoy Murgon Road to the internal road network will also be provided.

Given the large lot sizes proposed and a park has been proposed for the approved residential subdivision to the south, no parks have been proposed as part of the proposed subdivision.

The Kilcoy Homestead, located along the site’s southern boundary is identified in the Queensland Heritage Register and was therefore, referred to the State’s department as required by the regulation.

The State has since provided a response with comments and has stated the development does not compromise the visual amenity and cultural values of Kilcoy Homestead. The State’s Decision Notice has been provided at Attachment 3.

The site consists of vegetation of low groundcover and occasional isolated trees. All site vegetation is mapped as Category X non-remnant by the State government and therefore is considered to be ‘exempt’ from clearing permit requirements. The site is also not identified by the Planning Scheme as containing bushfire and landslide hazard risks.

Air transport overlay code Performance outcomes Examples Kilcoy non-directional beacon and Mt Glorious Airservices Tower PO1 AO1.1 Development does not interfere with the safe Where located within the Kilcoy non- and continued functioning of aviation directional beacon buffer identified on the facilities through: Air transport overlay map OM-002:

(a) the temporary or permanent intrusion (a) buildings and structures are setback of physical structures that enter an 60 metres from the facility; aviation facility’s sensitive area; or (b) metallic buildings or structures are

Minutes of Ordinary Meeting Wednesday, 12 February 2020

(b) the introduction of structures or setback 150 metres from the facility; devices that emit electrical or (c) buildings or structures do not exceed electromagnetic radiation or 2.5 metres in height or 2.5m3 where incorporate reflective surfaces that located within 60 metres and 150 adversely impact on the functioning metres of the facility; of navigation or communication (d) buildings and structures do not facilities. exceed 8.0 metres in height where located within 150 metres and 500 metres of the facility.

Performance outcome assessment No buildings have been proposed as part of the application. Only the north-eastern corner of the site is affected by the relevant Air transport overlay. The development is for the subdivision of the site and varying the effect of the planning scheme and therefore is considered to not interfere with the safe and continued functioning of the aviation facility.

Flood hazard overlay code Performance outcomes Examples Significant flood hazard area, Low flood hazard area or Potential flood hazard area PO13 Where for Reconfiguring a Lot Development is located and designed to: AO13.6 Additional lots, except where for the (a) maintain hydrological function of the purposes of public open space: premises; (b) not increase the number of people (a) are not located in areas of calculated to be at risk from flooding; Significant flood hazard area, Low (c) minimises the flood impact on flood hazard area or Potential flood adjoining premises; hazard area as identified on Flood (d) ensure the safety of all persons by Hazard Overlay Map OM-007 ; or ensuring that a proportion of buildings (b) are demonstrated to be above the are set above the defined flood level; defined flood level. (e) reduce the carriage of debris in flood waters; AO13.7 (f) reduce property damage; and Reconfiguration and road design ensure (g) provide road access to buildings above residents are not physically isolated from the level of the 1% AEP flood level. adjacent urban areas that are above the 1% AEP flood level and provides a safe and clear evacuation route: Note - where the development is located in a Potential flood hazard area as identified on (a) by locating the access into the Flood Hazard Overlay Map OM-007, and reconfiguration above the defined there is no defined flood level, a hydraulic flood level or connecting to a road (flood hazard assessment) report prepared by that is above the 1% AEP flood a RPEQ is required in substantiation of a level; Performance Solution. Alternatively, the (b) by direct and simple routes to main defined flood level from an adjacent roads; and representative hazard area may be used if (c) by avoiding culs-de-sac and other deemed appropriate by Council. non-permeable layouts.

Performance outcome assessment There is a very minor intrusion of the flood line into the proposed lots along the site’s eastern boundary. The applicant has proposed building envelopes or development exclusion areas to be identified to avoid development to be located in the impacted areas. The development is not expected to increase the number of people at risk from flooding nor will create

Minutes of Ordinary Meeting Wednesday, 12 February 2020 additional food impact on adjoining premises and will not affect road access for residents to areas above the level of the 1% AEP flood level.

Local heritage overlay code Performance outcomes Examples Development adjoining a local heritage place PO8 AO8.1 Where on a lot or premises adjoining a local No acceptable outcome provided. heritage place, development is designed and constructed in a manner that does not adversely affect the heritage significance of the heritage place, including its context, setting, appearance and archaeology.

Note - A Heritage Impact Assessment Report must be prepared by appropriately qualified persons that demonstrates to Council’s satisfaction that the development does not detract from, or diminish the cultural heritage significance of the Heritage Place. The following points give guidance as to the specific items that need to be considered when proposing a development in proximity to a Heritage Place:

• development should not attempt to replicate or mimic the architectural detailing of all or part of the Heritage Place; • the architectural composition of facades should include transitional elements of a similar scale to an adjoining Heritage Place; • where a new facade abuts the facade of a Heritage Place, a clear transition between the old and new should be established and maintained; • projecting elements such as canopies, awnings, sunshades, banners and signage should not substantially interrupt views of a Heritage Place from the street or a public place; • the new development should complement the existing streetscape or prevailing architectural character of the street and the Heritage Place; and • an archaeological investigation is carried out for development involving a high level of surface or sub-surface disturbance.

Performance outcome assessment The proposed development is for the subdivision of the subject site creating 30 park residential lots and varying the effect of the planning scheme on Animal keeping.

As the heritage place is also a State heritage place, the application was referred to the State

Minutes of Ordinary Meeting Wednesday, 12 February 2020 for their comments in accordance with the Planning Regulation 2017. The State has since reviewed the application and provided a response with conditions. The response has been provided as Attachment 3.

6.0 OTHER PLANNING CONSIDERATIONS

6.1 Trunk Infrastructure and Services The following items of trunk infrastructure and services applicable to the proposed development are individually addressed below.

6.2 Water Supply and Sewerage The subject land is located within an area serviced by the reticulated water supply network and therefore, a condition has been included in the Schedule of Conditions requiring the development to be supplied with and serviced by water supply infrastructures.

The subject land is not located within an area serviced by the reticulated sewerage network. Each proposed lot will be serviced by an on-site sewerage treatment system.

6.3 Stormwater/Drainage There are stormwater network infrastructure charges associated for the proposed development and a Draft infrastructure charges notice has been prepared in accordance with Somerset Regional Council Charges Resolution (No 1) 2019.

A condition requiring the land owner to ensure that stormwater is delivered to a legal point of discharge and designed in accordance with the Queensland Urban Drainage Manual has been included in the Schedules of Conditions.

6.4 Transport network The proposed development is not considered to unreasonably burden upon local transport networks. There are transport network infrastructure charges associated for the proposed development and a Draft infrastructure charges notice has been prepared in accordance with Somerset Regional Council Charges Resolution (No.1) 2019.

6.5 Parks and Open space There are parks and open space infrastructure charges associated for the proposed development and a Draft infrastructure charges notice has been prepared in accordance with Somerset Regional Council Charges Resolution (No.1) 2019.

6.6 Infrastructure charges The proposed development is defined as a Residential by the Somerset Regional Council Charges Resolution (No.1) 2019. A draft infrastructure charges notice has been prepared in accordance with the latest adopted charges resolution and is provided at Attachment 3.

6.7 Services All infrastructure and services including the provision of electricity and telecommunication services are available to the site. Conditions have been included requiring the development to be connected and serviced by the relevant infrastructures.

6.8 Environment The proposed development will not result in environmental degradation.

6.9 Heritage The site adjoins the Kilcoy Homestead, a heritage listed place in the Queensland Heritage Register. Referral to the State was therefore required. Correspondence from the State has

Minutes of Ordinary Meeting Wednesday, 12 February 2020 been provided as Attachment 4.

7.0 PUBLIC CONSULTATION

As the development was an impact assessable development application, public notification was required by the legislation. The public notification period began on the 1 November 2019 and finished on the 16 December 2019.

During this period, no submissions were received in relation to the proposed development.

8.0 STATE AGENCY REFERRALS

8.1 Concurrence Agency - DSDMIP DSDMIP as the concurrence agency has assessed the impact of the proposed development on the State controlled road network and requires Council to include the referral agency response in Council’s Schedules of Approval for the development application. The reference response is referenced as 1908-12527 SRA and dated 10 September 2019. Refer to attachment 4 and Schedule 3 of the recommend conditions.

9.0 CONCLUSION

The proposed development is for the subdivision of the subject site to create 30 Park residential lots of various sizes and dimensions. The development will be provided with internal roads and will be connected to the existing road network. Infrastructure such as reticulated water, electricity and telecommunication will be provided. The development complies with Council’s strategic framework for the area and presents an orderly Park residential growth in the Kilcoy urban area.

The proposed development also seeks to vary the effect of the Planning Scheme to streamline the current planning process to allow keeping of horses in the proposed residential estate. The proposed variation has been considered and complies with the relevant provisions. It is further considered that given the subject land’s position on the periphery of Kilcoy township, the keeping of horses within this area is appropriate and unlikely to cause detrimental impacts on the locality.

The proposed development complies with the acceptable outcomes of the relevant assessment benchmarks or provided alternative solutions for the performance outcomes when it did not meet the acceptable outcomes. The proposed development will be conditioned to be carried out generally in accordance with the development conditions attached to the Decision Notice and supporting material in the Attachments.

10.0 ATTACHMENTS

1. Proposal Plan, Prepared by SI at Veris Australia Pty Ltd, Drawing No: 25162-CO01, Issue I, Dated 19 July 2019. 2. Staging Plan Stages 1 and 2, Prepared by SI at Veris, Drawing No: 25162-GP03 and 25162-GP04, Issue A, prepared by 29 January 2020. 3. Draft Infrastructure Charges Notice, Prepared by Somerset Regional Council. 4. SARA Decision Notice, Reference as 1908-12527 SRA, Dated 10 September 2019.

RECOMMENDED DECISION

1. THAT Council approve the Development Application No 18513 for a Development Permit for Reconfiguring a Lot for subdivision (One into 30 lots in two stages) and

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Preliminary Approval for a variation request seeking to vary the effect of the Planning Scheme to allow Animal keeping (Horse keeping) on land described as Lot 1 on SP162871 and situated at Mount Kilcoy Road, Winya.

2. THAT Council report for this application be published to the website as Council’s Statement of Reasons in accordance with the s63(5) of the Planning Act 2016.

SCHEDULE 1 – GENERAL CONDITIONS Assessment Manager No Condition Timing 1.1 Carry out the development generally in accordance with the At all times material contained in the development application, supporting documentation and the plan(s) listed below, except where amended by these conditions of approval. Proposal Plan, Prepared by SI at Veris Australia Pty Ltd, Drawing No: 25162-CO01, Issue I, Dated 19 July 2019. Staging Plan Stages 1 and 2, Prepared by SI at Veris, Drawing No.: 25162-GP03 and 25162-GP04, Issue A, prepared by 29 January 2020. Roadworks Layout Plan, Drawing No: 30032380-01-202, Revision 2, Sheet 2, Dated 13 January 2020. On-site Wastewater Management Report, Authored and Prepared by RS at Catalyst Environment, Project ref.: 1/09102019, Dated 25 October 2019. Engineering Services Report, Prepared by SM at SMEC, Project No.: 30032380, Revision No: A, Dated 22 July 2019.

1.2 Comply with the relevant provisions of the Somerset Region At all times Planning Scheme, Planning Scheme Policies and Local Laws.

1.3 Pay to Council any outstanding rates or charges or expenses Prior to Request for that are a charge over the subject land levied by Council; approval of plan of and/or levied but not fully paid over the subject land. subdivision

Variation of Effect of Planning Scheme 1.4 This Variation Approval, in accordance with section 61 of the Planning Act 2016, varies the effect of the Somerset Region Planning Scheme Version Three only with respect to the following:

• Table 5.5.3 – Emerging community zone for the Animal keeping use:

Categories of development and assessment Assessment benchmarks Accepted development subject to requirements If: • Not applicable

(a) Horse keeping; and (b) On a site greater than 0.5 hectare in area; and (c) Complying with varied Horse keeping provision in the Animal keeping code

Code assessment

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If: • Emerging community zone code (a) Horse keeping; and • Animal keeping code (b) Not Accepted development subject to requirements

Impact assessment If: • The planning scheme

(a) not Code assessment

• Table 8.2.1.3 – Animal keeping code:

Horse keeping PO2 AO2.1 The activity is located on a premises The site area is a minimum 0.5 hectare that: for horse keeping.

(a) is of sufficient size to accommodate the use; (b) is of a scale and intensity that does not result in environmental harm or environmental nuisance; and (c) sited to maintain the character of the locality. PO3 AO3.1 The activity does not result in: The following separation distances are provided for animal enclosures (stables): (a) environmental harm or environmental nuisance on (a) 40 metres to Kilcoy Murgon Road sensitive land uses located on and Mount Kilcoy Road road adjoining premises; and frontage; (b) adverse impacts on water (b) 25 metres to a lot’s primary street quality values of local receiving frontage; environments. (c) 15 metres from side and rear boundaries; (d) 15 metres from a dwelling on the same premises; (e) 30 metres from a dwelling on another premises

Timing At all times (including any future change to zoning General residential zone Park residential precinct)

1.5 The applicant must submit a copy of this Variation Approval At all times with any Material Change of Use development application relating to or arising from this Variation Approval.

1.6 Any application submitted to Council under this Variation At all times Approval must be consistent with this Variation Approval. Where inconsistent, the application must then be submitted to

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the Council under the Planning Scheme in effect at the date of application.

Surveying 1.7 A Licensed Surveyor must install new Survey Marks in their Prior to Request for correct positions in accordance with the Survey Plan and the approval of plan of work must be certified in writing. subdivision

1.8 Pay to Council the applicable amount at the time of request for Prior to Request for plan of subdivision endorsement for the issue of new approval of plan of valuations by the Department of Natural Resources, Mines and subdivision for each Energy. stage

Currently, the amount is set at $37.00 per allotment.

Access 1.9 New vehicular access to the State controlled road is not to be At all times established unless prior approvals are given by the State/Council (if required).

Staging 1.10 The applicant is to complete each stage of the development in As indicated sequence in accordance with drawing Staging Plan Stages 1 and 2, Prepared by SI at Veris, Drawing No: 25162-GP03 and 25162-GP04, Issue A, prepared by 29 January 2020.

The applicant is not to submit to Council the Plan of Survey for a stage for endorsement until the Applicant has received endorsement of the Plan of Survey for the preceding stage.

SCHEDULE 2 – ENGINEERING Assessment Manager No Condition Timing 2.1 Make an Operational Work application as relevant to each Prior to the stages to Council and pay the required fees where an commencement of application involves earthworks, erosion and sediment control, Operational Work as roadworks, car parks, landscaping, clearing and stormwater relevant to each drainage required as stated in the following conditions. stages

Public Utilities/Infrastructure 2.2 Bear the cost of any alterations necessary to public utilities At all times resulting from compliance with the conditions of this approval.

2.3 Meet the cost of all works carried out to infrastructure, services At all times and public utilities, including any alterations resulting from compliance with these conditions whether carried out by Council, or otherwise.

2.4 Repair any damage to Council infrastructure that occurs during At all times any works carried out in association with the approved development.

2.5 It is required that the design and construction of civil Prior to Request for

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components of the Operational Work are to be certified by a approval of plan of Registered Professional Engineer Queensland (RPEQ), subdivision including:

• Plans and specifications must be prepared and certified with the Operational Work application. • Certification that the works have been undertaken in accordance with the approved plans, specifications and to Council’s requirements.

Open Space/Park/Landscaping 2.6 All entry statements, fences, batters, and retaining walls must At all times be located entirely within private land and not within the public road reserve.

General Services 2.7 Submit development applications to the relevant Energy and Prior to Request for Telecommunications regulatory authority to either obtain approval of plan of design layout plans or certification letters to Council that any subdivision as existing infrastructure or wayleaves are to their satisfaction and relevant to each that they can provide services when required at the cost of a stages normal house connection.

2.8 Connect the development to a reticulated water supply, Prior to Request for underground electricity supply, and telecommunications approval of plan of utilities in accordance with acceptable standards of the subdivision as relevant regulatory authority so that it is available to each relevant to each allotment. stages

2.9 The applicant must provide written evidence (eg connection Prior to Request for certificate) from each particular service provider stating either approval of plan of that each lot has been connected to applicable service, is subdivision as available at a standard connection, or has a current supply relevant to each agreement. stages

2.10 Electricity/telecommunication/water supply drawings must be At all times co-ordinated with the civil engineering design details, to ensure that service clashes are avoided.

Building above Flood Level 2.11 Floor heights for habitable areas shall be a minimum of 300mm At all times above the Defined Flood Level (DFL).

2.12 The development does not increase the flood hazard for other At all times properties.

Earthworks 2.13 All earthworks to be constructed in accordance with At all times AS3798. Fill material is to be placed, compacted, and tested by a suitably qualified inspection and testing organization.

2.14 Contaminated material must not be used as fill on the site. Any At all times filling must be undertaken using inert materials only.

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2.15 Any fill, cut and other stored material must be contained within At all times properties comprising the development application. Fill cannot be placed on adjacent properties without providing Council with written permission from the respective property owner(s).

2.16 All dams that are across proposed lot boundaries shall be Prior to Request for removed. approval of plan of subdivision

Roadworks 2.17 Install all traffic signs and line markings in accordance with Prior to Request for Manual of Uniform Traffic Control Devices approval of plan of subdivision

2.18 Dedicate, design and construct all new roads as illustrated on Prior to Request for the approved plans, in accordance with Somerset Regional approval of plan of Council Design Standards. subdivision

2.19 Road reserve and carriageway widths to be in accordance with Prior to Request for the Somerset Regional Council Design Standards. approval of plan of subdivision

2.20 All works on or adjacent to roadways must be adequately Prior to signed in accordance with the “Manual for Uniform Traffic commencement of Control Devices – Part 3, Works on Roads”. Any Road or lane and during closure must be applied for in writing to Council, and all construction of conditions of that approval complied with during construction works of the works.

2.21 Provide 6m x 3 chord truncations on property boundaries at all Prior to Request for road intersections. approval of plan of subdivision Remove all improvements and obstructions from the area of the corner truncation(s) and area of dedicated road.

2.22 Provide a sealed vehicle turn around area with a minimum 9m Prior to Request for radius at the end of any terminating roads that are to be approval of plan of constructed as part of a future stage of development. subdivision as relevant to each stages

2.23 Provide verge and access in accordance with Somerset As part of Regional Council Design Standards. Operational Works.

2.24 Upgrade the intersection of Mount Kilcoy Road and proposed Prior to Request for Road 1 including signage, line marking, pavement and approval of plan of surfacing design in accordance with the Department of subdivision Transport and Main Roads Road Planning and Design Manual (RPDM) and Austroads Guide to Road Design. Applicant is required to construct:

(a) BAR and BAL design to all turning movements.

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All intersection upgrade requirements are at the applicant’s expense. All intersection upgrade requirements are to be completed prior to the plans of survey being registered.

2.25 Provide a sealed vehicle turn around area with a minimum 9m Prior to Request for radius at the end of any terminating roads that are to be approval of plan of constructed as part of the future stage of development. subdivision for Stage 1

Street Names 2.26 Submit a list of road names for all new roads, along with the As part of reasons for selecting such names, for the road names to be Operational Works considered and approved by Council. application

The proponent is responsible for the cost of road signs and installation. Street nameplates are to comply with Council’s standards.

Footpath 2.27 Construct a 1.5m wide concrete footpath between proposed Prior to Request for lots 12 and 13 to provide connectivity to the development from approval of plan of Road 3 to Kilcoy Murgon Road. subdivision

Street Lighting 2.28 In the Park Residential Precinct install street lights in Prior to Request for accordance with AS1158 – Code of Practices for Public approval of plan of Lighting as follows: subdivision

• road intersections; • end of cul-de-sacs; and • bends in roads.

Install all street lighting on the same side as footpaths, where applicable.

Obtain certification of street lighting installation by a Registered Professional Engineer Queensland (RPEQ).

Vehicle Access 2.29 All vehicular access for new allotments shall provide Prior to Request for convenient and safe access and egress from the site in approval of plan of accordance with Somerset Regional Council Design subdivision Standards.

2.30 The landowner is responsible for construction and At all times maintenance of vehicular access for the property, from the road carriageway to property boundary in accordance with Council’s Policy and Standards. Approval is to be sought from Council and the landowner must advise all potential purchasers accordingly.

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Easements 2.31 Dedicate land subject to flooding during a 1% Average Prior to Request for Exceedance Probability (AEP) or Q100 flood event as an approval of plan of easement for drainage purposes. The easement is to be subdivision dedicated at no cost to Council. The proponent shall prepare all documents to the satisfaction of Council.

2.32 Provide an easement over stormwater and interallotment Prior to Request for drainage located within private property in accordance with the approval of plan of identified approximate 1.0% AEP localised flood extents as per subdivision Roadworks Layout Plan, Drawing No.: 30032380-01-202, Revision 2, Sheet 2, Dated 13 January 2020.

The easement widths may vary but must extend to include top of batters of open drains and/or flood paths and provide suitable means of access for machinery around headwalls and steep batters to enable maintenance operations to occur without encroachment onto private property and are to be in accordance with Queensland Urban Drainage Manual (QUDM). The easement is to be dedicated at no cost to Council

All easement documentation shall be prepared by the proponent in a form satisfactory to Council.

Note: Easements required for the discharge of stormwater over adjacent properties must be agreed to in writing by the owner of the property

2.33 Dedicate any easement to permit access to, and maintenance At all times of, utility services and vehicle access turn around area. The easement is to be dedicated at no cost to Council. All easement documentation shall be prepared by the proponent in a form satisfactory to Council.

Stormwater 2.34 Stormwater Drainage and flows are to have a no worsening At all times effect on adjoining, upstream, or downstream landholders.

2.35 Design and construction of all stormwater drainage works must As part of comply with the relevant section/s of the Queensland Urban Operational Works Drainage Manual (QUDM) and the Somerset Regional Council Design Standards.

2.36 Stormwater Drainage shall be constructed in general As part of accordance with SMEC, Site Based Stormwater Management Operational Works Plan, and dated 22 July 2019.

2.37 Convey stormwater flows through the development from the As part of upstream catchment. Operational Works

2.38 Fill, compact and grade all low lying land being subdivided to Prior to Request for ensure each allotment is drained adequately by gravitation to approval of plan of the drainage system within the proposed development. subdivision

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2.39 Adjoining properties and roadways to the development are to Prior to Request for be protected from ponding or nuisance from stormwater as a approval of plan of result of any site works undertaken as part of the proposed subdivision development.

Erosion and Sediment Control 2.40 Erosion and sedimentation controls shall be implemented, as At all times necessary, and shall be maintained to Council’s satisfaction at all times during the course of the project. Should Council determine that proposed controls are ineffective or a downstream drainage system has become silted, the developer will:

• Be required to install additional measures. • Be responsible for the restoration work.

Should the developer fail to complete the works determined by Council within the specified time, the Council will complete the work and recover all costs from the developer associated with the work.

2.41 Measures shall be applied to prevent site vehicles tracking At all times sediment and other pollutants onto adjoining streets during the course of the project, and to prevent dust nuisance.

2.42 Prepare an Erosion and Sediment Control Plan designed by a As part of the Registered Professional Engineer Queensland (RPEQ). lodgement of the Implement all relevant sediment and erosion control measures Operational Works and temporary fencing as identified on the approved application engineering drawings as part of the operational works. All sediment control devices and sediment collection points shall be regularly monitored, sediment removed as necessary and devices maintained responsibly during construction and maintenance period of the development works.

2.43 All wastes to be managed in accordance with the relevant At all times legislation and regulations with regulated waste to be disposed of at a licensed facility and general solid waste to be disposed of at approved landfill sites with the contractor covering all costs incurred for the receipt and management of the waste.

2.44 Where vegetation is removed, the vegetation waste shall be At all times disposed of by:

(i) Milling; (ii) Chipping and/or mulching (iii) Disposal at an approved waste disposal facility.

No incineration of vegetation or waste will be permitted at the site. Waste other than vegetation waste, generated as a result of the operations shall be disposed of to an approved disposal facility.

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2.45 All declared weeds and pests are to be removed from the At all times subject land and kept clear of such nuisance varieties during the course of operations.

2.46 Apart from declared weeds and pests, areas with trees, shrubs As part of and landscaping currently existing on the subject land must be Operational Works retained where possible and action taken to minimize disturbance during construction work.

SCHEDULE 3 – REFERRAL AGENCY Department of State Development, Manufacturing, Infrastructure and Planning - State Assessment and Referral Agency Concurrence Agency Response Agency Response: Recommend Conditions Apply Pursuant to section 62 of the Planning Act 2016, the Assessment Manager must, other than to the extent a referral agency’s response provides advice, comply with the all referral agency responses and include conditions exactly as stated in the response.

The Department of State Development, Manufacturing, Infrastructure and Planning, as a Concurrence Agency, has assessed the impact of the proposed development in regards to development in a state controlled road environment.

Concurrence Agency response dated 10 September 2019 and referenced as 1908-12527 SRA.

Concurrence Agency response will be attached to Council’s Decision Notice for DA18513.

SCHEDULE 4 – ADVICE Assessment Manager This approval has effect in accordance with the provisions of section 71 of the Planning Act 2016. [A copy of section 71 will be enclosed with the Decision Notice].

The Currency Period for this approval is in accordance with section 85 of the Planning Act 2016.

The applicant may make representations (change representations) about a matter in this development application within the applicant’s appeal period under the process established in chapter 3, part 5, subdivision 1 of the Planning Act 2016.

The Planning Act 2016 provides for a person to make a change to this development application outside the applicant’s appeal period, following the process outlined in chapter 3, part 5, subdivision 2 of the Act.

Separate development approval is required for any building work and plumbing/drainage work necessitated by the conditions contained in this approval.

Dust pollution arising from the construction and maintenance of the works required by this approval are the applicant’s responsibility. The applicant must comply with any lawful instruction from Council’s Operations department if in Council’s opinion a dust nuisance exists.

The rights of applicants to appeal to a tribunal or the Planning and Environment Court against decisions about a development application are set out in chapter 6, part 1 of the Planning Act

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2016. For particular applications, there may also be a right to make an application for a declaration by a tribunal (see chapter 6, part 2 of the Planning Act 2016).

Landowners are responsible for the construction and maintenance of any vehicular access for the property, from the road carriageway to property boundary in accordance with Council’s standards.

This development approval is for the proposed development only. Any additional uses/structures, if triggers assessable development, may require their own planning approval and will be assessed on its own merits

All works shall be carried out in accordance with the Workplace, Health and Safety Act (as amended) and the workplace Health and Safety Regulation (as amended).

All Operational Work is to comply with relevant codes for design and construction.

Construction hours are 6:30 am to 6:30 pm Monday to Saturday, with no work to be undertaken on Sundays or public holidays. Noise levels from construction work shall at all times comply with the requirements of the Environmental Protection Act 1994.

Upon receiving the certification by a RPEQ, and submission and approval of as constructed drawings and documentation, Council will accept the works as “On Maintenance”.

Council will bond the developer for an amount equal to 5% of the operational works and the Developer is required to maintain all works for a period of 12 months for civil works (maintenance period) from the date of “On Maintenance”. Any defective works must be rectified within the maintenance period.

At the end of the maintenance period the works shall be inspected and if satisfactory, shall be placed “Off Maintenance”. Bonds or other securities will be released after the works have been placed “Off Maintenance”.

Biosecurity Queensland to be notified on 13 25 23 of proposed development(s) occurring in the Fire Ant Restricted Area before earthworks commence. It should be noted that works involving movements of soil associated with earthworks may be subject to movement controls and failure to obtain necessary approvals from Biosecurity Queensland is an offence.

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

The Fire Ant Restricted Area as well as general information can be viewed on the DAF website www.daf.qld.gov.au/fireants

The Plan of Subdivision will not be released until all works are completed to Council’s satisfaction or uncompleted works are suitably bonded.

The Applicant has the Right of Appeal to the Planning and Environment Court regarding the conditions of this approval.

Should the Applicant notify Council in writing that the conditions of approval are accepted without dispute and that the right of appeal to the Court will not be exercised, the Decision Notice may be taken to be the development permit.

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Attachments for the Decision Notice include: • Proposal Plan, Prepared by SI at Veris Australia Pty Ltd, Drawing No: 25162-CO01, Issue I, Dated 19 July 2019. • Staging Plan Stages 1 and 2, Prepared by SI at Veris, Drawing No: 25162-GP03 and 25162-GP04, Issue A, prepared by 29 January 2020. • Roadworks Layout Plan, Drawing No: 30032380-01-202, Revision 2, Sheet 2, Dated 13 January 2020. • On-site Wastewater Management Report, Authored and Prepared by RS at Catalyst Environment, Project ref: 1/09102019, Dated 25 October 2019. • Engineering Services Report, Prepared by SM at SMEC, Project No: 30032380, Revision No: A, Dated 22 July 2019. • SARA Decision Notice.

Resolution Moved – Cr Gaedtke Seconded – Cr Hall

“1. THAT Council approve the Development Application No 18513 for a Development Permit for Reconfiguring a Lot for subdivision (One into 30 lots in two stages) and Preliminary Approval for a variation request seeking to vary the effect of the Planning Scheme to allow Animal keeping (Horse keeping) on land described as Lot 1 on SP162871 and situated at Mount Kilcoy Road, Winya.

2. THAT Council report for this application be published to the website as Council’s Statement of Reasons in accordance with the s63(5) of the Planning Act 2016.”

1.2 Comply with the relevant provisions of the Somerset Region At all times Planning Scheme, Planning Scheme Policies and Local Laws.

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• Table 5.5.3 – Emerging community zone for the Animal keeping use:

Categories of development and assessment Assessment benchmarks Accepted development subject to requirements If: • Not applicable (a) Horse keeping; and (b) On a site greater than 0.5 hectare in area; and (c) Complying with varied Horse keeping provision in the Animal keeping code

Code assessment If: • Emerging community (a) Horse keeping; and zone code (b) Not Accepted development subject to • Animal keeping code requirements

Impact assessment If: • The planning scheme (a) not Code assessment

• Table 8.2.1.3 – Animal keeping code:

Horse keeping PO2 AO2.1 The activity is located on a premises The site area is a minimum 0.5 hectare that: for horse keeping.

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(d) 15 metres from a dwelling on the same premises; (e) 30 metres from a dwelling on another premises

Timing At all times (including any future change to zoning General residential zone Park residential precinct)

1.5 The applicant must submit a copy of this Variation Approval At all times with any Material Change of Use development application relating to or arising from this Variation Approval.

1.6 Any application submitted to Council under this Variation At all times Approval must be consistent with this Variation Approval. Where inconsistent, the application must then be submitted to the Council under the Planning Scheme in effect at the date of application.

Currently, the amount is set at $37.00 per allotment.

Access 1.9 New vehicular access to the State controlled road is not to be At all times established unless prior approvals are given by the State/Council (if required).

The applicant is not to submit to Council the Plan of Survey for a stage for endorsement until the Applicant has received endorsement of the Plan of Survey for the preceding stage.

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drainage required as stated in the following conditions. stages

Public Utilities/Infrastructure 2.2 Bear the cost of any alterations necessary to public utilities At all times resulting from compliance with the conditions of this approval.

2.4 Repair any damage to Council infrastructure that occurs during At all times any works carried out in association with the approved development.

2.5 It is required that the design and construction of civil Prior to Request for components of the Operational Work are to be certified by a approval of plan of Registered Professional Engineer Queensland (RPEQ), subdivision including:

Open Space/Park/Landscaping 2.6 All entry statements, fences, batters, and retaining walls must At all times be located entirely within private land and not within the public road reserve.

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2.10 Electricity / telecommunication/water supply drawings must be At all times co-ordinated with the civil engineering design details, to ensure that service clashes are avoided.

Building above Flood Level 2.11 Floor heights for habitable areas shall be a minimum of 300mm At all times above the Defined Flood Level (DFL).

2.12 The development does not increase the flood hazard for other At all times properties.

2.14 Contaminated material must not be used as fill on the site. Any At all times filling must be undertaken using inert materials only.

2.16 All dams that are across proposed lot boundaries shall be Prior to Request for removed. approval of plan of subdivision

Roadworks 2.17 Install all traffic signs and line markings in accordance with Prior to Request for Manual of Uniform Traffic Control Devices approval of plan of subdivision

2.19 Road reserve and carriageway widths to be in accordance with Prior to Request for the Somerset Regional Council Design Standards. approval of plan of subdivision

2.21 Provide 6m x 3 chord truncations on property boundaries at all Prior to Request for road intersections. approval of plan of subdivision Remove all improvements and obstructions from the area of

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the corner truncation(s) and area of dedicated road.

2.23 Provide verge and access in accordance with Somerset As part of Regional Council Design Standards. Operational Works.

(a) BAR and BAL design to all turning movements.

All intersection upgrade requirements are at the applicant’s expense. All intersection upgrade requirements are to be completed prior to the plans of survey being registered.

The proponent is responsible for the cost of road signs and installation. Street nameplates are to comply with Council’s standards.

• road intersections; • end of cul-de-sacs; and • bends in roads.

Install all street lighting on the same side as footpaths, where

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applicable.

Obtain certification of street lighting installation by a Registered Professional Engineer Queensland (RPEQ).

All easement documentation shall be prepared by the proponent in a form satisfactory to Council.

Note: Easements required for the discharge of stormwater over adjacent properties must be agreed to in writing by the owner of the property

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Stormwater 2.34 Stormwater Drainage and flows are to have a no worsening At all times effect on adjoining, upstream, or downstream landholders.

2.36 Stormwater Drainage shall be constructed in general As part of accordance with SMEC, Site Based Stormwater Management Operational Works Plan, and dated 22 July 2019.

2.37 Convey stormwater flows through the development from the As part of upstream catchment. Operational Works

• Be required to install additional measures. • Be responsible for the restoration work.

Should the developer fail to complete the works determined by Council within the specified time, the Council will complete the work and recover all costs from the developer associated with the work.

2.41 Measures shall be applied to prevent site vehicles tracking At all times sediment and other pollutants onto adjoining streets during the course of the project, and to prevent dust nuisance.

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maintenance period of the development works.

2.44 Where vegetation is removed, the vegetation waste shall be At all times disposed of by:

(i) Milling; (ii) Chipping and/or mulching (iii) Disposal at an approved waste disposal facility.

No incineration of vegetation or waste will be permitted at the site. Waste other than vegetation waste, generated as a result of the operations shall be disposed of to an approved disposal facility.

2.45 All declared weeds and pests are to be removed from the At all times subject land and kept clear of such nuisance varieties during the course of operations.

Concurrence Agency response dated 10 September 2019 and referenced as 1908-12527 SRA.

Concurrence Agency response will be attached to Council’s Decision Notice for DA18513.

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The Currency Period for this approval is in accordance with section 85 of the Planning Act 2016.

Separate development approval is required for any building work and plumbing/drainage work necessitated by the conditions contained in this approval.

The rights of applicants to appeal to a tribunal or the Planning and Environment Court against decisions about a development application are set out in chapter 6, part 1 of the Planning Act 2016. For particular applications, there may also be a right to make an application for a declaration by a tribunal (see chapter 6, part 2 of the Planning Act 2016).

Landowners are responsible for the construction and maintenance of any vehicular access for the property, from the road carriageway to property boundary in accordance with Council’s standards.

All works shall be carried out in accordance with the Workplace, Health and Safety Act (as amended) and the workplace Health and Safety Regulation (as amended).

All Operational Work is to comply with relevant codes for design and construction.

Upon receiving the certification by a RPEQ, and submission and approval of as constructed drawings and documentation, Council will accept the works as “On Maintenance”.

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

The Fire Ant Restricted Area as well as general information can be viewed on the DAF website www.daf.qld.gov.au/fireants

The Plan of Subdivision will not be released until all works are completed to Council’s satisfaction or uncompleted works are suitably bonded.

The Applicant has the Right of Appeal to the Planning and Environment Court regarding the conditions of this approval.

Subject: Development Application No 8214 - Request to extend Currency Period to Development Approval under section 86 of the Planning Act 2016 File No: DA8214 Action Officer: SP Assessment No: 02345-50000-000

1.0 APPLICATION SUMMARY

Subject Land Location Banks Creek Road, Fernvale Real Property Description Lot 2 RP857927, Lot 5 RP189320 and Lot 6 RP214853 Area – Now described as Lots 1 - 10 SP303278, Lots 44 - 46 SP303278, 51 SP303278 11.809ha

Planning Scheme Planning Scheme: Former Esk Shire’s Planning Scheme 2005 Zone: Town zone Precinct: Park Residential precinct

ShapingSEQ Land Use Category Urban footprint

Application Original Category of Assessment Code Applicant Details Fernvale Development Pty Ltd C/- Urban Strategies PO Box 3368

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SOUTH BRISBANE QLD 4101 Owner Details Fernvale Development Pty Ltd Date application received 11 November 2019 Date application properly made 12 November 2019

State Agency Referrals Nil

RECOMMENDED DECISION

Approve the request to extend the development approval for Development Application No 8214 for a further 12 months, until 29 January 2021, subject to the conditions and requirements contained in the Schedules and Attachments.

2.0 BACKGROUND TO APPROVAL

By way of background, DA8214 was conditionally approved by the former Esk Shire Council on 29 January 2009 for a Reconfiguring a Lot - Two into Forty-five park residential lots subdivision to be developed over two stages, on land described as Lot 2 on RP857927 and Lot 6 on RP214853, situated at Banks Creek Road, Fernvale. In March 2018 Council resolved to approve a change application to increase the number of proposed lots to 50 and to include Lot 5 RP189320 to alter the truncation of the corner of the lot.

As Councillors may recall, in late 2019, Council received an application to approve a plan of subdivision for stage 1A and as part of the assessment process, it was determined that the approval had lapsed in January 2019. The applicant made representations to the Planning and Environment Court (P and E Court) to have the non-compliance excused and essentially revive the application. With Council’s support, the applicant was successful with their representations to the P & E Court and the approval was revived. At the Ordinary Council meeting of 27 November 2019, Council resolved to retrospectively approve the applicants request to extend the currency period until 29 January 2020. The survey plan for Stage 1A was sealed by Council on 6 December 2019. Stage 1A has subsequently been finalised and the relevant lots have been formally created.

On 9 January 2020 Council received an extension to further extend the currency period of the development approval until 29 January 2021. While the development could be considered as substantially commenced as the survey plan for Stage 1A has been completed, the applicant has requested to extend the currency period for an additional year for completeness.

3.0 APPLICANTS COMMENTS

The applicant has requested an extension of the currency period until 29 January 2021.

The Development Approval remains consistent with current laws and policies for the reasons outlined below.

The planning controls in respect to the subdivision of the Land have changed since the Development Approval was issued. In particular:

(a) The original Development Approval was assessed and approved under the Superseded Planning Scheme.

(b) The Current Planning Scheme applies today.

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Both Planning Schemes in general terms anticipate residential development on the land in the form of park residential lots.

The schemes vary with respect to the ‘deemed to comply’ minimum lot size, in particular: a) Under the Superseded Planning Scheme, the ‘deemed to comply’ minimum lot size was 4,000m2 or, where a lot could be connected to reticulated water and sewer, 2,000m2. b) Under the current planning scheme, the ‘deemed to comply’ minimum lot size is 4,000m2.

The lot sizes in the Development Approval range from 1,491m2 to 4,242m2. The approved average lot size is around 1,858m2. The approved minimum lot sizes in the second minor change approval are therefore less than the ‘deemed to comply’ minimum lot size prescribed under both the Superseded and Current Planning Scheme, albeit representing a greater variation from the Current Planning Scheme.

Lots less than the minimum lot sizes are contemplated where they demonstrate compliance with Performance Outcome PO1 of the Reconfiguring a Lot Code of the Current Planning Scheme, which states:

"PO1 Lot size and dimensions:

(a) provide sufficient area for the siting and construction of buildings and structures; (b) provide for safe vehicular and pedestrian access; (c) respond appropriately to Land characteristics including slope of the land and topography; and (d) are consistent with the intended character of the zone"

The approved subdivision and its conditions demonstrate compliance with items (a), (b) and (c) above. Each could comfortably contain a dwelling house, each will have access to a constructed road, and the alignment of the lots respond to the Land topography.

In relation to item (d) of PO1, whilst new lots are generally anticipated to be above 4,000m2 in the Park Residential Precinct, lots below 4,000m2 can also be consistent with the intended character of the zone.

In considering the consistency of the approved lot sizes with the intended character of the zone, it is important to have regard to the context of the Land and the Development Approval. In particular:

(a) The Land is within walking distance to the commercial centre of Fernvale, and it is afforded a more strategic location with respect to local services compared with other large Park Residential landholdings in Fernvale.

(b) Whilst the northern side of Banks Creek Road has a relatively established subdivision pattern of lots, the Land, being a large landholding with around 350m of frontage to Banks Creek Road, will effectively establish the residential character of the southern side of Banks Creek Road from the showgrounds to the properties along Knox Lane North.

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(d) The ‘planned estate’ approach to development of the Land enables delivery of important local infrastructure including new roads, pedestrian connections and a public park in the order of 1 hectare. This enables appropriate integration with the surrounding lot pattern and road network.

(e) There are smaller residential lots (approximately 50 lots between 450-970m2) approved nearby on Lot 11 on SP180657, which is approximately 300m to the west of the Land on Banks Creek Road. Whilst the Land is not in the same zone as the Land, the approved lot sizes would form part of the character of the locality.

4.0 OFFICER COMMENT

The representations provided by the applicant are generally accepted, while the lot sizes of the development are less than what is expected by the current planning scheme it is still consistent with the general intent of the park residential area. While the proposed lot sizes are below the minimum lot sizes identified in the current planning scheme, the development is connected to the reticulated sewerage network and are as such of an appropriate size to accommodate a dwelling house. In terms of Infrastructure charges, a previous extension to the currency period included the inclusion of stormwater infrastructure charges. Given the circumstances around this request it is considered that the development is consistent with the infrastructure charges regime.

5.0 CONCLUSION

The development could be considered as substantially commenced as the survey plan for Stage 1A has been completed, the applicant has requested to extend the currency period for an additional year for completeness. As such, it is recommended that the currency period should be approved.

6.0 ATTACHMENT

Plan of Development – Map Reference 9443-32314 Job Number 60757/A – Prepared by Murray and Associates – dated 21 November 2017

RECOMMENDED DECISION

THAT Council approve the request to extend the Currency Period for Development Application No 8214 for a Development Permit for Reconfiguring a Lot by subdividing 3 into 50 lots as a staged development on land described as Lot 2 RP857927, Lot 5 RP189320 and Lot 6 RP214853, situated along Banks Creek Road, Fernvale subject to an extended one year period up to and including 29 January 2021; and subject to the requirements and conditions contained in the Schedules and Attachments of Council’s decision notice dated 15 March 2018; and Infrastructure Charges Notice dated 15 March 2018.

Resolution Moved – Cr Whalley Seconded – Cr Ogg

“THAT Council approve the request to extend the Currency Period for Development Application No 8214 for a Development Permit for Reconfiguring a Lot by subdividing 3 into 50 lots as a staged development on land described as Lot 2 RP857927, Lot 5 RP189320 and Lot 6 RP214853, situated along Banks Creek Road, Fernvale subject to an extended one year period up to and including 29 January

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2021; and subject to the requirements and conditions contained in the Schedules and Attachments of Council’s decision notice dated 15 March 2018; and Infrastructure Charges Notice dated 15 March 2018.”

Carried Vote - Unanimous

Subject: Planning and Building Services Monthly Report – January 2020 File: Governance - Reporting - Officer Reports Action Officer: DPAD, SP, BS, PI, NRM

Report A summary of the Departments activities during the month of January 2020 is provided for Council’s information.

1. Planning Development Applications

During the month the following Development Applications were received:

Assessment Type December 2019 January 2020 Building Works assessable against the Planning Scheme 3 11 Material Change of Use 3 1 Reconfiguring a Lot 2 1 Operational Works - - Combined Applications - - Total 8 13

The list of applications received is provided in Appendix 1

During the month the following Development Applications were decided:

Approved/Refused December 2019 January 2020 Refused - Council - - Approved - Council 6 1 Approved - Delegated Authority 7 8 Total 13 9

The list of applications decided is provided in Appendix 1A.

Planning and Environment Court Appeals

Roubaix Properties Pty Ltd v Somerset Regional Council and Anor Planning and Environment Court No. 2327 of 2019

This appeal against Council’s decision to refuse the Development Application was the subject of a hearing at the Planning and Environment Court on 24 January 2020. At this hearing it was determined that the flood experts were to meet to consider the Appellant’s Flood Emergency Management Plan by 4 February 2020 with a joint expert report to be completed by 17 February 2020. By 13 March 2020, additional experts nominated both parties are to meet and participate in a meeting of experts, with join experts to be completed by 25 March 2020. The appeal is to be mentioned for further review on 3 April 2020.

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Edith Pastoral Company Pty Ltd -V- Somerset Regional Council Planning and Environment Court No. 2773 of 2019

This appeal against Council’s decision to refuse the Development Application has been the subject of preliminary proceedings. Experts have been engaged and a mediation session of those experts (other than the planners) shall occur before the end of 2019. The planners have until early in 2020 to finalise their reports. The Appeal is next listed for a mention in Court in March 2020.

2. Building Development Approvals

A total of thirty-one (31) building approvals were issued in the region for December 2019.

Assessment Type: Building Works

Status December 2019 Accepted 34 Approved - Council 6 Approved - Private Certifier 25 Info Request 4 Finalised 30

The list of applications approved is provided in Appendix 2.

Building Compliance Matters The following are non-compliant building activities in this period:

December: Unapproved building works at Fernvale, Braemore and Coominya.

3. Plumbing Compliance Permits and Inspections

A total of sixteen (16) plumbing and drainage approvals were issued in the region for January 2020.

Assessment Type: Plumbing Approval Status January 2020 Approved 16 Info Request 3 Total 19

The list of applications approved is provided in Appendix 3.

The number of home sewerage treatment plants on Council’s register is 1931 of which 64 or 3.16% are currently overdue for servicing. Letters have been sent to the owners of these systems to ensure compliance.

Mid-Brisbane River and Linville Risk Mitigation Program Council Plumbing Inspectors and NRM officer are currently in the process of managing a subsidy program aimed at improving water quality in the mid Brisbane River catchment.

The subsidy of up to $17,000 per household is being offered for the upgrade of septic systems

Minutes of Ordinary Meeting Wednesday, 12 February 2020 on properties identified as high risk to water quality. The subsidy is funded by Seqwater.

Following an initial inspection program carried out during 2018, 16 properties have been offered the opportunity to apply for the subsidy, of these 9 have expressed interest with 6 others showing an interest later in the program.15 have followed up with an application and 12 applications have been finalised. An additional 1 has now been lodged and approved in the month of January.

Council Plumbing Inspectors have started the next stage of the program which is in Linville. A letter will be sent out in January to the township of Linville regarding information on how to look after your septic/HSTP systems. Another letter has been sent to 29 residents of the Linville township offering them to participate in the upgrading of their septic system to a HSTP. We have had a reply from 4 residents, 2 are not interested and other 2 have booked a site inspection in early February.

4. Environmental Services

Environmental Health Services

Toolbox overview The below figures reflect the customer sessions on Somerset Regional Council’s content on Toolbox for the months of October, November and December.

Visitors to Council content October 2019 November 2019 December 2019 Users 57 73 48 Sessions 67 91 65 Pageviews 218 244 241 Pages/Sessions 3.25 2.68 3.71 Avg. Session Duration 3.35 minutes 2.03 minutes 3.23 minutes Downloads 26 8 32

Most popular content

Top content pages Unique pageviews October 2019 November 2019 December 2019 Food 16 25 9 Noise Pollution 16 27 29 Air Pollution - 11 - Cats and dogs - - 4 How to start a food business 11 10 - Beauty, hairdressing and tattooing - - 7 Do I need a food business licence? 9 13 5 Document library 13 - -

Food Safety Training Council subscribes to the I’m ALERT food safety training package which offers food businesses, community groups, schools and the general public access to free online interactive food safety training. Just go to www.somerset.imalert.com.au

A total of 14 users completed the training during the month of January.

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Swimming Pool Water Quality Monitoring Water samples from the Toogoolawah, Kilcoy and Lowood pools were collected during the month to monitor for compliance with the Queensland Health Water Quality Guidelines for Public Aquatic Facilities, September 2019. All samples collected complied with the Queensland Health guidelines.

School Based Immunisation Clinics Council delivers a school based vaccination program at the Lowood and Toogoolawah High Schools for Year 7 and Year 10 students under a service provider agreement with the State of Queensland. The first school based immunisation clinic is scheduled for Tuesday 3 March 2020.

Mosquito Monitoring Officers are currently planning for the 2020 mosquito surveillance program in conjunction with Queensland Health in various towns and villages in the region to be conducted from February to March 2020. A planning meeting was held with Queensland Health officers on 24 January 2020.

The main aim of the annual surveillance program is to establish the level of confidence in:

• the assumption that mosquitoes Aedes aegypti or Aedes albopictus are not present in the Somerset Region, and • the likelihood of early detection – to facilitate eradication.

In addition to the Queensland Dengue Management Plan 2015 – 2020; Queensland Health is currently working with local governments in SEQ to establish an emergency response framework that will be triggered on confirmation of positive Aedes aegypti or Aedes albopictus identification in SEQ.

An overview of the section activities for the month is contained in Appendix 4.

Pest Management The following is a report on activities in the Pest Management sections for the months of December and January.

Invasive Animal Control The following is a summary of pest animal control activities for the months:

Wild dogs 1080 baits injected: December 2019 January 2020 Crossdale 3 14 Gregors Creek 5 - Total 8 14

The next advertised 1080 baiting day will be held on the 10 February 2020.

Dingo scalps presented: December 2019 January 2020 Mt Kilcoy - 13 Oaky Creek - 9 Colinton - 3 Kilcoy 12 2 Biarra 3 -

Minutes of Ordinary Meeting Wednesday, 12 February 2020

Glen Esk 1 - Buaraba 5 8 Total 21 30

Feral pig scalps presented: January 2020 Buaraba 106 Total 106

Rabbits: • Officers have been working with landholders to control rabbit infestations in the following areas:

o December: Toogoolawah, Fernvale, Esk, Hazeldean. o January: Hazeldean, Toogoolawah

• Officers are continuing to work closely with Seqwater in controlling rabbits around Somerset and Wivenhoe Dams.

Invasive Plant Control

A summary of invasive plant and other vegetation treatment activities for the month is as follows:

December: • Groundsel – Sandy Creek, Esk, Kilcoy, Patrick Estate and Neurum. • Giant rats tail grass – Fernvale, Coominya, Brightview. • Annual Ragweed –Toogoolawah, Mt Glorious, Borallon • Lantana- Sandy Creek, Neurum, Mt Beppo and Gregors Creek. • Prickly Pear – Dundas, Toogoolawah, Harlin, and Esk. • Main Roads Element 5 – D’Aguilar Highway West, Mt Glorious, Wivenhoe Somerset Road. • Herbicide applied – 1,709L. • Lantana Control - Mechanical removal of lantana was conducted along Kangaroo Creek Road, Arababy Creek Road and Nurinda Road,

January: • Groundsel – Dundas, Bryden • Giant rats tail grass – Fernvale, Coominya, Brightview. • Annual Ragweed – Esk, Somerset, Gregors Creek, Toogoolawah, Sandy Creek, Royston, Colinton, Harlin, Kilcoy • Lantana- Gregors Creek. • Prickly Pear – Dundas, Toogoolawah, Harlin, and Esk. • Main Roads Element 5 – Fernvale Foresthill Road, Esk Kilcoy Road, Brisbane Valley Highway, Esk Kilcoy Road, D’Aguilar Highway West • Herbicide applied – 8, 370L. • Lantana Control - Mechanical removal of lantana was conducted along Esk-Crows Nest Road, Gregors Creek Road, Cooeembardi Road, Mt Beppo Road.

Minutes of Ordinary Meeting Wednesday, 12 February 2020

Before After

Compliance under the Biosecurity Act 2014:

December 2019 January 2020 Information notices 0 3 Biosecurity Orders 0 0 Enter and Clear action 0 0 Total 0 3

Animal Management

Systematic Inspection Program – Dog Registration Council is conducting an inspection program throughout the region to check for compliance with the registration and microchipping requirements of the Animal Management (Cats and Dogs) Act 2008. The program commenced on 5 August 2019 and the following is a summary of progress to the end of November. The inspection program did not operate for the month of December.

Properties inspected: 5,057 Unregistered dogs found: 980 Total Dogs Registered 2019/2020: 5,014 Total Dogs Registered 2018/2019: 3,804

Program officers have completed inspections through the towns and surrounding areas of Esk, Lowood, Fernvale, Kilcoy and parts of Toogoolawah. An overview of the section activities for the month are contained in Appendix 4.

5.0 Natural Resource Management

Land for Wildlife • Council welcomed 2 new Land for Wildlife properties into the Somerset program during January at Crossdale and Hazeldean.

Somerset Flora and Fauna • Ongoing feedback and consultation regarding the State government review of Koala provisions.

• Facilitating Scoping Study for Matters of Local Environmental Significance to inform future Planning Scheme review, particularly in respect of proposed State Koala reform/s.

Minutes of Ordinary Meeting Wednesday, 12 February 2020

Catchment Management • Resilient Rivers Project Updates

o All of the Black Snake Creek Project components (4 Properties) have now been approved, all on-ground components such as fencing fully installed currently. This infrastructure will support a future planting subject to climatic opportunity. o Hills Crossing and Savages Crossing projects are progressing with Consultants currently working on options papers in respect of the preliminary technical reports already completed.

• The Upper Brisbane and Stanley Catchment Action Plan development is ongoing, with the next facilitated meeting considering Catchment Risk factors on the 18th of February at Kilcoy. • Stage 3 of the On-site Wastewater Mitigation Program has commenced, with Council Plumbing officers targeting properties in Linville Township, and further properties along the Mid Brisbane River (in a continuation of Stage 2 delivery). Letters have been sent, with inspections underway where requested.

Planning • Ongoing assistance in the development of Somerset Regional Council’s Biosecurity Plan. • Preparations continue for the implementation of Councils 2019/20 Capital Works Offset delivery at sites in Kilcoy, Toogoolawah, and Lowood. Preparatory works are largely complete awaiting significant rain to allow for community and consultant plantings on these sites.

Collaborations • Collaboration with West Moreton Landcare to progress Brisbane Valley Rail Trail project initiatives, and articulate other associated projects in the Lowood vicinity for future opportunity/s.

6.0 Ministerial Advisory Council Dam Safety

The final draft Report for Somerset/ Wivenhoe Dams have been provided by Seqwater for the Committee and the review of the report is continuing and should be finalised in November.

7.0 Brisbane Valley Rail Trail User Survey

Council has engaged the University of Qld Business School. Council is currently waiting on the finalisation of the agreement with our partner Transport and Main Roads. Once the agreement is signed, meetings will be arranged with stakeholders, with an expectation that the survey work will commence in the first quarter of 2020.

Recommendation THAT Council receive the Department of Planning and Development Monthly Report for January 2020 and the contents noted.

Resolution Moved – Cr Choat Seconded – Cr Ogg

“THAT Council receive the Department of Planning and Development Monthly Report for January 2020 and the contents noted.” Carried Vote - Unanimous

Minutes of Ordinary Meeting Wednesday, 12 February 2020

Subject: Financial reports - 1 July 2019 to 3 February 2020 File Ref: Monthly financial statements Action Officer: DFIN

Background/Summary Financial reports Month end financial reports for the period 1 July 2019 to 3 February 2020 are attached detailing the progress that has been made in relation to Council’s FY2020 budget as per section 204 of the Local Government Regulation 2012. A list of payments is also provided as previously requested by Councillors.

Financial results are summarised in the attached dashboard. Please note that capital expenditure pie charts in the dashboard include a total of actual and committed (contracted) capital expenditure for completeness.

Interest revenue is below pro rata budget as a result of reduced interest rates after the budget was adopted and is forecast to remain below budget.

Investments Council resolved on 26 June 2019 to endorse the entering into of an agreement for a second credit facility with Queensland Urban Utilities (QUU) of $30 million.

There have been several State Government approvals involved and an approval is still pending from Queensland Treasury.

In the circumstances, Council has sought the approval of the Minister for Local Government, the Hon Stirling Hinchliffe MP to approve the finalisation of this long-running matter during the caretaker period should the matter be delayed further (copy of letter of 28 January 2020 attached).

Grants • Council officers are liaising with relevant authorities seeking confirmation of federal bushfire funding similar to that announced for neighbouring Sunshine Coast Regional Council and Noosa Shire Council of $1 million each on 9 January 2020 and consistent with Council’s resolution of 22 January 2020.

• On 27 November 2019, Council lodged a second stage application under the State Government’s competitive Building our Regions program for a $2.2 million project entitled “Brisbane Valley Rail Trail Install stabilised pavements and concrete surfaces – Fernvale to Esk” after being invited to submit a business case for this project. No advice has been received about this application.

• In December 2019, Council officers submitted applications under the Australian Government’s competitive Building Better Regions Fund including the $2.2 million Brisbane Valley Rail Trail Fernvale to Esk project, a $10 million upgrade to Lowood Minden Road and a $1.5 million recycled water pipeline from the new Lowood sewerage treatment plant to Fernvale. No advice has been received about these applications.

• A funding instrument for the Australian Government’s drought communities program extension was executed on 17 January 2020. $1 million is to be applied under this program for further upgrades to Esk Crows Nest Road along with an additional $436k of announced Commonwealth Roads to Recovery funding consistent with Council

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resolutions.

• Council officers are planning applications for future Australian Government’s bridges renewal program and heavy vehicle safety and productivity program rounds

Rates Council issued 30 notices of intention to sell land for overdue rates or charges totalling $223,056 on 21 October 2019.

20 of the 30 sale actions have ceased following payment leaving 10 sale actions current as at 3 February 2020 with $68,682 remaining outstanding.

Rates are issued in six monthly cycles. Rate debtors were contained as follows:

• $1.62 million – 31 July 2019

• $1.76 million – 3 February 2020 (on 1,113 properties)

Growth Rateable property data provides an indication of regional growth.

The number of rateable properties has changed as follows:

Date Number of rateable properties Growth in rateable properties 30 June 2017 11,672 0.8% 30 June 2018 11,757 0.7% 30 June 2019 11,748 0% 3 February 2020 11,738 0%

Road maintenance detail Councillors have previously requested additional information about road maintenance:

Rural Urban Total ($000's) ($000's) ($000's) Bitumen road maintenance 391 147 538 Gravel road maintenance 1,705 15 1,720 Roadside drainage 275 134 409 Culvert maintenance 15 - 15 Vegetation maintenance 90 117 207 Traffic furniture 155 19 174 Linemarking 1 18 19 Total actual year to date 2,632 450 3,082 Expected pro-rata budget year to date 2,455 423 2,878

Please note, these are pro-rata year to date figures. Council’s total 2019/2020 road and street ordinary maintenance budget is $4.8 million. (maintenance only)

As previously requested, Council’s 30 most costly road segments for bitumen, gravel or culvert maintenance were:

Road segment ($000’s) Esk Crows Nest Rd (gravel) Ch26120-Ch34090 97

Minutes of Ordinary Meeting Wednesday, 12 February 2020

Atkinsons Dam Rd (bitumen) Ch3200-Ch5600 92 Bellthorpe Rd (gravel) Ch0-Ch11460 70 Kingaham Rd (gravel) Ch0-Ch8960 55 Banffs La (gravel) Ch0-Ch3050 54 Monsildale Rd (gravel) Ch1630-Ch10200 50 Larsens Rd (gravel) Ch3870-Ch5920 47 Brennan Rd (gravel) Ch100-Ch4020 34 Diaper Rd (gravel) Ch0-Ch3000 31 Boyces Rd (gravel) Ch0-Ch2460 30 Harris Rd (gravel) Ch120-Ch3340 30 Diaper Rd (gravel) Ch3000-Ch6200 28 Stanley Pocket Rd (bitumen) Ch0-Ch12030 27 Westvale Rd (gravel) Ch13550-Ch15210 26 Westvale Rd (gravel) Ch1340-Ch13550 25 Clarendon Rd (bitumen) Ch5750-Ch8860 24 Spring Creek Rd (gravel) Ch60-Ch4210 24 Highwood La (gravel) Ch2610-Ch6690 24 Highwood La (gravel) Ch0-Ch2610 23 Kiernan La (gravel) Ch0-Ch1570 22 Seib St (gravel) Ch0-Ch340 21 Voss Rd (gravel) Ch880-Ch2690 21 Monsildale Rd (gravel) Ch12000-Ch19100 21 OReillys Weir Rd (bitumen) Ch110-Ch4250 20 Muckerts La (gravel) Ch1370-Ch2780 20 Brightview Rd (bitumen) Ch8350-Ch9100 20 Silverleaves Rd (gravel) Ch40-Ch2150 20 Kangaroo Creek Rd (gravel) Ch3190-Ch7830 19 Braemore La (gravel) Ch1050-Ch3050 19 Fairneyview Fernvale Rd (gravel) Ch3500-Ch4850 19 Subtotal 1,013

Attachments • Financial reports and payment listings • Letter to the Minister for Local Government, the Hon Stirling Hinchliffe MP dated 28 January 2020 regarding caretaker provisions and Queensland Urban Utilities credit facility

Recommendation THAT Council receive the financial reports for 1 July 2019 to 3 February 2020 including payments presented for the period 6 January 2020 to 3 February 2020 totalling $5,608,715.36

Minutes of Ordinary Meeting Wednesday, 12 February 2020 and that the contents be noted.

Resolution Moved – Cr Gaedtke Seconded – Cr Choat

“THAT Council receive the financial reports for 1 July 2019 to 3 February 2020 including payments presented for the period 6 January 2020 to 3 February 2020 totalling $5,608,715.36 and that the contents be noted.” Carried Vote - Unanimous

Subject: Sale of Land for overdue rates action - L 3 RP14974 at 24 Railway Terrace, Moore Qld 4314 File Ref: Rates – notification – sale of land for overdue rates Action Officer: DFIN

Background/Summary Council has been unable to effect service of a notice of intention to sell land for overdue rates. Endorsement is sought to issue the notice using substituted service provisions and to seek to recover the costs of this service as part of the sale process. This will involve advertising in the Courier-Mail and Government Gazette.

Recommendation THAT the property described as L 3 RP14974 at 24 Railway Terrace, Moore Qld 4314 be sold by way of auction for overdue rates or charges with an auction reserve and other terms of the process to be set by the Chief Executive Officer having regard to legal requirements (01668- 50000-000) and further that the service of notice in respect of property 01688-50000-000 using the provisions of section 239 of the Local Government Act 2009 using substituted service be endorsed.

Resolution Moved – Cr Whalley Seconded – Cr Hall

“THAT the property described as L 3 RP14974 at 24 Railway Terrace, Moore Qld 4314 be sold by way of auction for overdue rates or charges with an auction reserve and other terms of the process to be set by the Chief Executive Officer having regard to legal requirements (01668- 50000-000) and further that the service of notice in respect of property 01688-50000-000 using the provisions of section 239 of the Local Government Act 2009 using substituted service be endorsed.” Carried Vote - Unanimous

Subject: Internal audit accounts payable - procurement policy proposals File Ref: Financial management - audit - internal audit Action Officer: SPO

Background/Summary Internal auditors, Crowe Australasia completed a review of accounts payable in December 2019 and have provided a draft report containing findings and recommendations (extract of

Minutes of Ordinary Meeting Wednesday, 12 February 2020 draft report attached).

One medium level matter was raised regarding “transparency over conflict of interest processes”.

A response was forwarded to Internal Audit on 29 January 2020 including as follows:

“Council’s contracting conflict of interest policy position and processes are satisfactory. These are governed by Council’s Code of Conduct (policy HR001) and relevant legislation (in relation to officers and elected members) and by the fraud management policy (F011) in relation to tenderers. The fraud management policy additionally requires training of all staff in relation to conflict of interest matters and annual declarations by senior staff about conflict of interest matters. Executive officers and elected members are already required to disclose their interests and those of related persons under the Local Government Act and must not take part in decisions where they have a conflict of interest.

The recommended procurement policy changes (proposed) will cost-effectively provide additional assurance by ensuring that tender decisions are made at Council meetings where existing legislation governs conflict of interest matters.

By 29 February 2020, a recommendation to include the text (as recommended below) in the procurement policy will be made to Council.”

It should be noted that in practice, all tender decisions are currently made by Council.

Internal audit also reported a “key person dependency around the approval of credit cards”.

Internal Audit was also advised by Council that:

“Council’s procurement policy details that the Chief Executive Officer and Director Finance must conjointly sign all applications for new purchasing cards.

This is a Council-instigated control over the issuing of new cards.

There are only ~21 credit cards on issue and it is not considered that the current arrangements are administratively onerous.

By 29 February 2020, a recommendation will be placed before Council to remove the requirement in the procurement policy for the cancellation of credit cards to be conjointly authorised by both Chief Executive Officer and Director Finance.”

This change would ensure that credit cards are able to be cancelled quickly where required.

Attachments Extracts from draft internal audit report of December 2019 – Crowe - sections 3.1 and 4.1

Recommendation THAT Council confirm the removal of the words “and authorisations for the cancellation of purchasing cards” from section 5A of the procurement policy 2019/2020 and the addition of the following text to the procurement policy section 5:

“K. TENDER RECOMMENDATIONS AND CONFLICTS OF INTEREST

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Officers who make or contribute to recommendations in respect of the selection of tenders and who do not otherwise have a requirement to complete and keep updated a register of interests will be required to complete a conflict of interest declaration.

This does not extend to selecting suppliers from a Local Buy pre-approved list for contracts valued in excess of $200,000.

The declaration form will include either a signed statement that there are no conflicts of interest that prevent the officer’s full and unprejudiced participation in the procurement exercise or a signed declaration as to what the conflict is that may prevent the officer’s full and unprejudiced participation in the procurement exercise.

L. ALL DECISIONS REGARDING TENDERS WILL BE MADE BY COUNCIL RESOLUTION

All decisions regarding tenders are to be made by Council resolution.”

Resolution Moved – Cr Whalley Seconded – Cr Gaedtke

“THAT Council confirm the removal of the words “and authorisations for the cancellation of purchasing cards” from section 5A of the procurement policy 2019/2020 and the addition of the following text to the procurement policy section 5:

“K. TENDER RECOMMENDATIONS AND CONFLICTS OF INTEREST

This does not extend to selecting suppliers from a Local Buy pre-approved list for contracts valued in excess of $200,000.

L. ALL DECISIONS REGARDING TENDERS WILL BE MADE BY COUNCIL RESOLUTION

All decisions regarding tenders are to be made by Council resolution.” Carried Vote - Unanimous

Minutes of Ordinary Meeting Wednesday, 12 February 2020

Subject: Approved inspection program animal registration - budget File Ref: Financial management - budget Action Officer: DFIN

Background/Summary On 12 June 2019, Council adopted its budget which included an allocation for an approved dog inspection program of $19,544.

On 10 July 2019, Council approved a systematic inspection program for dog registration and microchipping for a period of six months commencing 5 August 2019.

On 11 September 2019, Council resolved “THAT the projected costs of a four month animal inspection program be endorsed pending the adoption of a budget review.”

It was estimated that the revised cost of the inspection program at that time would be in the order of $80,000. These costs have now been incurred.

More than 5,000 properties were inspected and the focus has now changed to follow-up actions with inspected properties.

Confirmation is sought that the 2019/2020 inspection program may be ceased.

Council may wish to revisit the inspection program for 2020/2021.

Attachments Council decision of 11 September 2019 Legislative requirements for systematic inspection program

Recommendation THAT the completion of the 2019/2020 animal inspection program be endorsed.

Resolution Moved – Cr Gaedtke Seconded – Cr Choat

“THAT the completion of the 2019/2020 animal inspection program be endorsed.” Carried Vote - Unanimous

Subject: Budget review File Ref: Financial management - budget review Action Officer: DFIN

Background/Summary A draft revised budget is attached together with a detailed list of proposed adjustments, referencing the source of each proposed adjustment. The revised budget formalises expenditures previously considered by Council.

Key features of the proposed revised budget include:

• Expected reduction in interest revenue due to changes in interest rates after the budget was adopted

Minutes of Ordinary Meeting Wednesday, 12 February 2020

• Additional expected contract works revenue and expenditure

• Expected reduction in rate revenue due mainly to class concessions adopted

• Additional projects including significant drought funding for upgrades of Esk-Crows Nest Road, new rooftop solar proposals, new CCTV and security proposals, land purchases, additional operating hours for Toogoolawah library and a temporary events officer

Attachments • List of proposed adjustments for first revised budget

• Draft revised budget and associated documents for years ending 30 June 2020, 30 June 2021, and 30 June 2022 and ten-year financial forecast/ plan, long term asset management plan and ratios

Recommendation THAT Council adopts the attached draft revised budget for years ending 30 June 2020, 30 June 2021 and 30 June 2022 and attached draft ten-year financial forecast/ plan, long term asset management plan and ratios

And further Council confirms that the revised budget incorporates the following Council policies in accordance with section 169 (2) of the Local Government Regulation 2012 which have been previously adopted:

• Revenue policy

• Revenue statement

And further that Council confirms that the revised long term asset management plan incorporates the following previously-adopted Council policies which provide for strategies to ensure the sustainable management of the assets mentioned in the local government’s asset register and infrastructure of the local government:

• Asset management policy – general

• Asset management policy – bridges

• Asset management policy – buildings and other structures

• Asset management policy – roads

• Asset management policy – footpaths

• Asset management policy – Brisbane Valley Rail Trail

Resolution Moved – Cr Hall Seconded – Cr Brieschke

“THAT Council adopts the attached draft revised budget for years ending 30 June 2020, 30 June 2021 and 30 June 2022 and attached draft ten-year financial forecast/ plan, long term asset management plan and ratios

Minutes of Ordinary Meeting Wednesday, 12 February 2020

• Revenue policy

• Revenue statement

• Asset management policy – general • Asset management policy – bridges • Asset management policy – buildings and other structures • Asset management policy – roads • Asset management policy – footpaths • Asset management policy – Brisbane Valley Rail Trail.”

Carried Vote - Unanimous

Subject: ANZ Kilcoy branch closure File Ref: Financial management - banking - other banking Action Officer: DFIN

Background/Summary Advice is attached that ANZ Bank is closing its Kilcoy branch on 27 February 2020.

Attachments Media release of 11 February 2020 Copy of ANZ advice to customer

Recommendation THAT Council write to ANZ Banking Group expressing its disappointment at the sudden closure of the Kilcoy ANZ Bank branch and requesting that the bank at least retain a deposit ATM in Kilcoy for business customers.

Resolution Moved – Cr Gaedtke Seconded – Cr Choat

“1. THAT Council write to ANZ Banking Group expressing its disappointment at the sudden closure of the Kilcoy ANZ Bank branch and requesting that the bank at least retain a deposit ATM in Kilcoy for business customers.

2. THAT Council request ANZ explore alternative office accommodation in Kilcoy and provide full banking facilities."

Minutes of Ordinary Meeting Wednesday, 12 February 2020

Carried Vote - Unanimous

Subject: Esk Racecourse, Showgrounds and Golf Course Master Plan File Ref: Council Properties - Planning - Future Planning of Premises Action Officer: DCORP

Background/Summary CPR Group were engaged by Council in July 2019 to prepare a Master Plan for the Esk Racecourse and Showgrounds. Their proposal set out several stages in the preparation of the Master Plan and this now the final stage of that plan preparation.

The Draft Master Plan was reviewed by Council and feedback was provided in November 2019. The draft was then sent to all groups and put on line for a second round of consultation. This second round of consultation is now complete. There were three responses with multiple issues raised.

Feedback and responses to that feedback is as follows:

1. "Dump Point for Campers." This comment cannot be incorporated into the plan as it has been agreed with Council that the site should only be used for event related overnight camping.

2. "Council needs to be careful not to impact on businesses in the town. The Esk Caravan Park is very supportive of the Jockey Club, and it needs to be clear that the camping is mainly for horse events eg. Campdraft and Show. The Jockey Club. We are happy with the give and take we have with the Caravan Park, and do not wish to have campers on race days." We have included this in the operational considerations table in the report.

3. "A two story building as a dining area and viewing area above the existing building (which now provides kitchen, dining, office and jockey rooms)." The existing jockey club building is not suitable to be extended to include an upper storey, this proposition would be a rebuild which would not be economically feasible. We have added wording in the implementation table to consider future extension at ground level for dining as a long-term item.

4. "The importance of the power and water outlets to be upgraded." Throughout the project these elements were flagged and have been addressed in the master plan and implementation table. The most urgent of the items was water to the cattle yards, which is a short term priority, the third item listed. The balance of water and electrical upgrades are listed as long term as per the previous direction from Council.

5. "Maybe a grandstand with all amenities underneath. This is an excellent step in the right direction." The implementation table lists the purchase and installation of new portable grandstands with minimum seating capacity of 100. This is an achievable and realistic recommendation for this site given the low patronage and revenue. We have added to this line item: In the event of additional revenue being raised through track hire to external organisers, a permanent grandstand with amenities may be considered as a future development option.

6. The Master Plan as finalised is a great starting point for facilities that don’t appear to

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have previously had a planning process in place. The Master Plan and supporting information will be sent to each of the user’s groups and placed on Council’s web site. The suggested wording for the web site is as follows:

Esk Racecourse, Showgrounds and Golf Club Master Plan and community consultation In August 2019, Somerset Regional Council appointed CPR Group to carry out community and stakeholder consultation and develop a master plan for the Esk Racecourse, Showgrounds and Golf Club site. Somerset Regional Council and CPR Group worked with the community to understand the way in which the site is currently used, how it could be used in the future, and what future equipment and infrastructure could benefit all site user groups.

Somerset Regional Council and CPR Group would like to take this opportunity to thank all community members who provided feedback throughout the process. This document is a valuable planning tool which will assist Council and community groups, clubs and organisations in prioritising work and applying for funding now and years into the future.

This is an optional note that some Councils like to use:

Please note: The master plan does not commit Council or any other organisation to a responsibility to implement the project elements, or deliver within a specified timeframe.

Attachments Attachment 1 – Master Plan Esk Racecourse Showgrounds and Golf Course. Attachment 2 – Final Consultation Summary Report Esk Racecourse, Showgrounds and Golf Course Master Plan Report

Recommendation THAT Council adopt the Master Plan for the Esk Racecourse, Show Grounds and Golf Course and make the document publicly available.

Resolution Moved – Cr Whalley Seconded – Cr Ogg

“THAT Council adopt the Master Plan for the Esk Racecourse, Show Grounds and Golf Course and make the document publicly available.”

Carried Vote - Unanimous

Subject: Somerset Regional Council Strategic Recordkeeping Implementation Plan File Ref: Information management - records management - Control of Records 1171986 Action Officer: RTO

Background/Summary Council is required to have a current Strategic Recordkeeping Implementation Plan.

Minutes of Ordinary Meeting Wednesday, 12 February 2020

Currently Council is working on a plan that was created by an independent consulting in 2013.

An updated plan has been drafted and is recommended for approval.

Approval of this plan will also indicate approval of the Operational Recordkeeping Plan, Vital Records Strategy and Long-Term Preservation Strategy included as attachments.

Attachments Confidential Attachment provided separately - Strategic Recordkeeping Implementation Plan 2020 - 2023

Recommendation THAT Council adopt the attached Strategic Recordkeeping Implementation Plan 2020 – 2023 and the Operational Recordkeeping Plan, Vital Records Strategy and Long-Term Preservation Strategy included as attachments in the plan.

Resolution Moved – Cr Brieschke Seconded – Cr Gaedtke

“THAT Council adopt the attached Strategic Recordkeeping Implementation Plan 2020 – 2023 and the Operational Recordkeeping Plan, Vital Records Strategy and Long-Term Preservation Strategy included as attachments in the plan.” Carried Vote - Unanimous

Subject: Disabled and Pram access Kilcoy Race Track File Ref: SRC - Council Properties - Design and Construction - Kilcoy Showgrounds Action Officer: DCORP

Background/Summary The Kilcoy Race Track Dining Pavilion achieved practical completion on 6 November 2019. The facility has been a great addition to the Kilcoy Showgrounds and Race Track and has been well received by all users. The new facility included raising the ground level between the Track Side and Dining Pavilions, creating a footpath connection, a large grassed area for marquees and spectator seating. Significant consultation took place before the plans were finalised and during construction consultation occurred between Council, the Architect, builder and the Race club and Show Society. During this consultation no mention was made of the track crossing utilised during the Show and how that might be accessed.

The new footpath connecting the Track side and Dining Pavilions is concrete and approximately 1 metre higher than ground level. A safe path is required for disabled access for wheelchairs and for prams and strollers. Elderly citizens would also prefer to utilise a path that has a gentle gradient. The gate for the track crossing is between the two buildings and a design has been prepared by Graham Richardson that would be compliant and provide that access. The design is attached.

A quotation was being obtained to determine a Budget for the works. This cost is approximately $35k including GST.

Minutes of Ordinary Meeting Wednesday, 12 February 2020

Attachments Design for the Access Ramp for the track crossing – Kilcoy Race Track

Recommendation THAT Council support the construction of the disabled access ramp as detailed in the design prepared by Graham Richardson, with the costs incorporated into a future budget review.

Resolution Moved – Cr Whalley Seconded – Cr Hall

“THAT Council support the construction of the disabled access ramp as detailed in the design prepared by Graham Richardson, with the costs incorporated into a future budget review.” Carried Vote - Unanimous

Subject: Security system upgrade File Ref: Council properties - security - patrols and security alarms Action Officer: ICT Coordinator

Background/Summary Council has 18 alarm systems at various facilities throughout the region which historically have been poorly documented and managed inconsistently. The systems are standalone and must be managed individually, and with staff turnover, the burden of making alterations separately to each system and nearly 200 ‘users’ to manage between access fobs, cards and alarm codes, there are many inconsistencies and unknowns which present a significant security risk to Council facilities. Additionally, the short log retention period and difficulty of producing reports from current systems reduces the efficacy of building security auditing processes.

Following a review of existing installations, it is proposed to implement a solution to deliver one user management point for major sites, add smartphone connectivity for the facility maintenance coordinator to enable monitoring and remote arming/disarming, and improve reporting for auditing purposes. No changes are planned for SES facilities that have traditionally been managed by onsite personnel. An indicative quote was sought on implementing a solution commonly utilised at hospitals and other major facilities, which would deliver high quality components and significant functionality but require major hardware upgrades and replacements at each site plus associated labour costs, resulting in a quote of $118,000 plus ongoing licensing costs. This solution would also lock Council into using products from a specific vendor in the future in order to retain the improved functionality.

Another quote was sought from RDH who successfully repaired the CCTV network to utilise a software solution that will communicate with existing hardware without major alterations and avoid vendor lock-in. Testing indicates that this software can deliver on project requirements with an indicative cost of approximately $76,000. This includes a review of existing installations including arming/disarming logic, minor work to improve functionality, and the first 12 months of software subscription (thereafter $15,840/yr). Conversion of current alarm monitoring telephone lines to 4G mobile data services at sites where this is required due to the NBN rollout is also included, and the project will be used as an opportunity to audit existing access restrictions at each included site to provide a known security baseline. Due to the strong possibility of unforeseen issues being discovered during installation it is recommended that $90,000 be allocated to the project to allow for contingencies.

Minutes of Ordinary Meeting Wednesday, 12 February 2020

Attachments Nil

Recommendation 1. THAT Council implement the security system upgrade and integration project with a funding allocation of $90,000.

2. THAT Council confirms that it is satisfied considering the urgent need to ensure the operation and stability of Council’s security network that RDH Services Qld Pty Ltd trading as RDH Integration Services are the only known supplier reasonably available who specialise in all the relevant fields of alarms, data cabling, wireless, optic fibre and other connections, CCTV and monitoring solutions and information technology and telecommunications, IP telephony and electrical solutions, who employ technology industry staff with whom Council has successfully dealt with in the past and who have a place of business that is within 33 kilometres of both Lowood and Fernvale and that this firm be engaged on the basis of their proposal to Council.

Resolution Moved – Cr Choat Seconded – Cr Whalley

“1. THAT Council implement the security system upgrade and integration project with a funding allocation of $90,000.

Subject: Quotations - Cleaning of Facilities and Pest Management Activities File Ref: Council properties - Maintenance and Operations Action Officer: DCORP

Background/Summary Quotations for Cleaning of Council’s Facilities and Pest Management Activities (Regular Inspections/Treatments) were called in late 2017/early 2018. The quotations were called for a period of two years. Both the cleaning and pest management are due to be advertised again. However, during the last two years several new buildings have been constructed and these new facilities were not originally quoted. The new buildings have been added to the original quotation based on an agreed specification and price. Additionally, some buildings in the

Minutes of Ordinary Meeting Wednesday, 12 February 2020 original quotation have had the services changed to be more frequent or to include a broader specification. These variations are due to expire before June 2020.

It would be ideal to extend the period of the two existing Quotations 1048 and 1051 until all the variations expire and advertise two Quotations for all the facilities. To do this would be seeking the agreement of each of the contractors to extend the contracts on a month by month basis.

Attachments Nil

Recommendation THAT Council approve the extension of the Cleaning of Council Facilities until June 2020 due to the fact that the current supplier is the only supplier reasonably available to undertake these duties for this brief period and Pest Management Activities Quotations and variations to the Quotations until June 2020.

Resolution Moved – Cr Brieschke Seconded – Cr Hall

“THAT Council approve the extension of the Cleaning of Council Facilities until June 2020 due to the fact that the current supplier is the only supplier reasonably available to undertake these duties for this brief period and Pest Management Activities Quotations and variations to the Quotations until June 2020.” Carried Vote - Unanimous

Subject: Proposed Easement – Queensland Urban Utilities – James Street, Lowood –Lot 46 RP32307 – Lot 47 RP32307 File Ref: Council properties - acquisition and disposal - Easements – Doc Id 878644, 887986, 1168895, 1169229, 1172205, 1172206, 1172207 Action Officer: CCSO

Background/Summary Council recently received a request to allow a removal home to be transported across Council freehold property (Lot 46 RP32307), to enable delivery and installation of the home on Lot 2 RP138817.

Whilst Lot 2 RP138817 has road frontages on both Walters Street and Short Street, accessing the property via either of these points was impractical due to the presence of a large drain running through the property. Aerial photography shows that the property is currently being informally accessed by traversing a track through Lot 46 RP32307 (Council freehold) and Lot 3 RP138817 (owned by Central SEQ Distributor-Retailer, commonly known as Queensland Urban Utilities). Queensland Urban Utilities (QUU) are also utilising this informal access through Council’s freehold land to access their property, as Lot 3 RP138817 is landlocked. See Attachment 1 – Aerial Photography.

When Council’s water assets were transferred to QUU, it is likely that Lot 3 RP138817 was recognised as having water assets on site, and ownership was subsequently transferred. This has left QUU without a legal access to the property, however, as Council had previously been utilising its own property (Lot 46) for this purpose.

Minutes of Ordinary Meeting Wednesday, 12 February 2020

It is recommended that this situation be rectified by offering Queensland Urban Utilities an access easement, at their cost, including but not limited to, preparation of a survey plan, easement documents and titles registration fees.

Offering an easement will be less limiting to Council’s future use of Lot 46 as an 8m access easement could be implemented, as opposed to opening the track as road, which would require a 20m wide burden on Council’s freehold property, severely diminishing its value. Additionally, an easement would be less costly to Council, as it can be requested that QUU meet the costs of the easement and ongoing maintenance of the track, and there would be no obligation to seal a road in future.

It should be noted that access easements are required to be sealed in urban areas, as per Council Design Standards. In this instance, a minimum 5.5m sealed pavement width for the full length of the 8m access easement would be required.

In accordance with Section 227 of the Local Government Regulation 2009, Council cannot dispose of its valuable non-current assets without first inviting written tenders for the contract, or offering the non-current asset for sale by auction.

There are, however, exceptions to this section available. As the proposed easement is to a government agency, no tender or auction is required in accordance with s236(b)(i) of the Local Government Regulation 2012, if Council resolve that the exception may apply.

FOR COUNCILLORS' INFORMATION

Matters to be aware of relating to Lot 46 RP32307 and Lot 47 RP32307 and any proposed future use of these properties by Council

It should be noted that in 2016, Lot 2 RP138817 was subject to a subdivision application (one lot, into two lots), and the owner’s representative sought either a land swap arrangement or an access easement through Lot 46 RP32307 to secure practical access to the property.

Council advised that there were specific requirements in the Local Government Regulation 2012 that must be met when Council disposes of land, and it did not support the granting of an access easement through its property. Council’s preference was to dispose of Lot 46 and / or Lot 47 RP32307 by public tender. The representative was further advised that in the event Lot 46 RP32307 was required for access purposes, to please advise so the tender process could commence. It was also noted that the proposal involved land owned by Queensland Urban Utilities and the requirement that their position be sought in order to progress the application further.

The reconfiguration of a lot application was later withdrawn. No further contact has been made with Council in relation to this matter, and access would still need to be negotiated with Queensland Urban Utilities, should the applicant wish to make a new application in future.

It should be noted that if Council were to provide QUU with an access easement, the owner of Lot 2 RP138817 would still need to negotiate an easement with both Council and Queensland Urban Utilities in order to legally access their property from James Street.

Council’s other freehold property in the vicinity, Lot 47 RP32307, is subject to the encroachment of a cul da sac installed at the end of James Street, and both an underground drainage and overland flow path. See ATTACHMENT 2 – Cul de Sac and Drainage / Flow Path Encroachment.

Minutes of Ordinary Meeting Wednesday, 12 February 2020

This could be rectified by opening part of Lot 47 RP32307 as road (to accommodate the cul da sac encroachment), and creating an easement for drainage over the underground drainage and overland flow path. These do not present a high priority at present, due to their containment on Council owned land. However, should Council wish to dispose of this property in future, these issues would need to be addressed.

Should Council wish to dispose of both Lots 46 and 47 RP32307, it may like to consider merging the allotments, which would, from a building perspective, benefit any future building proposals.

Attachments Attachment 1 – Aerial Photography Attachment 2 – Cul de Sac and Drainage / Flow Path Encroachment.

Recommendation 1. THAT Council apply the exception provided by s236(1)(b)(i) for the disposal of a valuable non-current asset other than by tender or auction;

2. THAT Council offer the Central SEQ Distributor-Retailer (Queensland Urban Utilities) an 8m wide access easement over the existing track in Lot 46 RP32307, at their cost, including but not limited to, preparation of a survey plan, easement documents, titles registration fees, and access construction, to enable legal access to Lot 3 RP138817.

3. THAT Council advise the Central SEQ Distributor-Retailer (Queensland Urban Utilities) that access easements are required to be sealed in urban areas, as per Council Design Standards. In this instance, a minimum 5.5m sealed pavement width for the full length of the 8m access easement would be required.

Resolution Moved – Cr Ogg Seconded – Cr Gaedtke

“1. THAT Council apply the exception provided by s236(1)(b)(i) for the disposal of a valuable non-current asset other than by tender or auction;

Minutes of Ordinary Meeting Wednesday, 12 February 2020

Subject: Esk State School Pool - Upgrade Project File Ref: Council Properties - Planning - Future Planning of Premises Action Officer: DCORP

Background/Summary The Esk State School Pool opened for the 2019/20 season with a new lessee – Somerset Leisure. The arrangements with the Esk State School are the same as last year and the hours during the week are limited three hours, two afternoons a week and five hours on Saturday and Sunday. Council enables community access through a hire agreement which will cost Council $9,300 this financial year. Council then provides supervision of the pool through a Management agreement with Somerset Leisure, which will cost Council $50,600 this season.

Further to the workshop report presented to Council in November 2019, the Esk Pool Upgrade Proposal was discussed with the Esk State School principal. The principal is happy with the changes to the management of the pool, focus on pool safety and the changes made to chemical handling. To date the school principal has welcomed the change of pool manager. This next step of looking at the service offered to the school and the community generally is welcomed.

Council officers accessed a set of plans for the pool which indicate that the pool was constructed in 1990 (plans attached). Council officers have provided these plans and a copy of the Upgrade proposal to Graham Richardson. Council officers have met with Graham Richardson to discuss the Upgrade proposal, costs and any other issues. Graham was asked to provide an estimate of the likely engineering and architectural costs that Council could expect for this project. Note that the estimate includes a scale of costs for Graham’s involvement. Once designs are provided it would be possible to produce the contract documentation and Tender the works internally. The quoted price for all the engineering and design is $17,420. An estimate of costs will be an outcome for this process as will be plans for the facility. Discussions are continuing with the Esk State School Principal regarding the sharing of costs and the agreed changes to the facility.

Attachments Attachment 1 – Esk Pool Plans Attachment 2 – Esk Pool Design Quotation

Recommendation THAT Council approve the awarding of the works for the design, structural engineering and hydraulic engineering to Graham Richardson being the only supplier reasonably available to Council who can co-ordinate the various required engineering contractors and that Council include the portion of planning and design costs and construction costs in next year’s Budget.

Resolution Moved – Cr Whalley Seconded – Cr Brieschke

“THAT Council approve the awarding of the works for the design, structural engineering and hydraulic engineering to Graham Richardson being the only supplier reasonably available to Council who can co- ordinate the various required engineering contractors and that Council include the portion of planning and design costs and construction costs in next year’s Budget.” Carried Vote - Unanimous

Minutes of Ordinary Meeting Wednesday, 12 February 2020

Subject: Somerset Dam and District Progress Association - Annual General Meeting File Ref: Council properties - Usage Action Officer: DCORP

Background/Summary The attached letter has been forwarded to Council from the Somerset Dam and District Progress Association (SD&DPA) requesting a fee waiver for the use of Coronation Hall. The group propose use of the Hall on Saturday the 7 March 2020. The group propose to hold a community sausage sizzle in the morning followed by the Annual General Meeting of the Association as they did last year.

The Calendar has been checked and that weekend has not been booked.

Hire Fees The Fees for the Use of Coronation Hall for a wedding is $1,691 for a weekend for 2019/20. For groups such as the SD&DPA an allowance has been made in the fees and charges that a booking on a weekend day would be $450. That would entitle the group to all day and evening use. It is proposed in the fees and charges that three weekends a year would be made available for community group hire at this reduced rate.

Advice from the Somerset Dam Progress Association in their letter is that they would like the fee for hire waived as occurred last year because the meeting is open to the public and because they offer a community event afterwards. Last year the Mayor and Councillors were invited.

Attachments Attachment 1 – Fee Waiver Request

Recommendation THAT Council offer the hire of Coronation Hall with the fees waived to the Somerset Dam and District Progress Association for their Annual General Meeting on 7 March 2020.

Resolution Moved – Cr Gaedtke Seconded – Cr Brieschke

“THAT Council offer the hire of Coronation Hall with the fees waived to the Somerset Dam and District Progress Association for their Annual General Meeting on 7 March 2020.” Carried Vote - Unanimous

Subject: Sale of Panelfab Portable Building File Ref: Corporate management - tendering - quotations - 2019-2020 - quotations – un-numbered (1173034) Action Officer: DMO

Background/Summary Council recently relocated a 12m x 3m PanelFab portable building from Winya Road, Kilcoy to the Esk Landfill with the intention of using it as a site office for the newly constructed weighbridge. The site office needed significant repair and as such Council sought quotations to bring it up to standard and make safe. These quotations were more than $30,000 and it

Minutes of Ordinary Meeting Wednesday, 12 February 2020 was therefore deemed uneconomical to proceed.

Council has received two offers to purchase the PanelFab portable building from the Esk landfill from:

1. PRT industries on 29 January 2020, offering to purchase the site office for $1,250.00, including GST. PRT Industries are the supplier of the site office that was subsequently purchased for the weighbridge. 2. Glenn Collie on 31 January 2020, offering to purchase the site office for $1611.00, including GST.

An extract from Council Procurement Policy, F/008 follows:

H. DISPOSAL OF LAND AND NON-CURRENT ASSETS AND VALUABLE NONCURRENT ASSET

The Regulation obliges Council to define “valuable non-current assets” for the purposes of contracting by reference to their apparent value. Council confirms that the limits set are as follows for the indicated asset classes:

• for land—$1 • for plant or equipment—$5000 • for another type of non-current asset—$10000

Therefore, per Council Procurement Policy, the site hut is not considered a valuable non- current asset and Council does not need to invite written tenders or offer for sale by auction as per Section 227 in the Local Government Regulation 2012.

227 Valuable non-current asset contract—tenders or auction needed first

(1) A local government can not enter into a valuable non-current asset contract unless it first—

(a) invites written tenders for the contract under section 228; or (b) offers the non-current asset for sale by auction.

(2) This section is subject to division 4.

It should be noted, that whilst some of the building may be able to be recycled, any components that are ultimately taken to landfill will incur the State Government Waste Disposal Levy.

Attachments PRT Industries - email of offer Glenn Collie – email of offer

Recommendation THAT Council accepts the offer from Glenn Collie for the purchase and removal of the PanelFab site office totalling $1,611, including GST.

Resolution Moved – Cr Whalley Seconded – Cr Brieschke

“THAT Council accepts the offer from Glenn Collie for the purchase and removal of the PanelFab site office totalling $1,611, including GST.”

Minutes of Ordinary Meeting Wednesday, 12 February 2020

Carried Vote - Unanimous

Subject: Request to Place Knitted Scarves on Selected Trees in Esk File Ref: Customer service - public reaction - 2019-2020 – request for service (1168622) Action Officer: CSSA

Background/Summary A letter has been received from the Esk Queensland Country Women’s Association (QCWA) seeking permission to put knitted scarves on selected trees in the Ipswich Street of Esk from 1 May 2020 to 31 July 2020 in conjunction with the Lifestyle and Garden Fair.

The Esk QCWA has placed knitted scarves on trees within Esk in conjunction with the Lifestyle and Garden Fair over the past few years. Council has not received any complaints.

Attachments Nil

Recommendation THAT Council advise the Esk Queensland Country Women’s Association that it offers no objection to the dressing of various trees with knitted scarves in Ipswich Street, Esk from 1 May 2020 to 31 July 2020.

Resolution Moved – Cr Whalley Seconded – Cr Choat

“THAT Council advise the Esk Queensland Country Women’s Association that it offers no objection to the dressing of various trees with knitted scarves in Ipswich Street, Esk from 1 May 2020 to 31 July 2020.” Carried Vote - Unanimous

Subject: Unsealed Roads Upgrade Plan File Ref: Roads - programs - works programme Action Officer: DDM

Background/Summary At Council workshop 11 April 2018, Council Officers presented the Unsealed Roads Upgrade Plan for ranking projects on the forward works list for sealing gravel roads.

Council has been using the Unsealed Roads Upgrade Plan as an internal document as part of the last two budget developments. This report is to seek Council formal endorsement of the process that has been used in creating a prioritised list of roads for consideration of upgrading gravel to bitumen.

Council’s currently maintains 1,478 kms of road with 810 kms of sealed and 668 kms of unsealed. The unsealed road network generally comprises lower order roads which provide

Minutes of Ordinary Meeting Wednesday, 12 February 2020 a variety of functions and typically carry traffic volumes of less than 100 vehicles per day. Historically, Council used Average Annual Daily Traffic (AADT), the location of school bus routes and road classification as the primary factors when considering upgrading gravel roads.

The attached Unsealed Roads Upgrade Plan has been developed with additional factors for consideration, such as: heavy vehicle usage, accident history, number of residential dwellings, whether the road is high or low speed, and maintenance cost of the road. There is also a factor that adds weighting if the project would seal a missing link as these are often costly to maintain.

Roads are generally considered for sealing when they have reached 50 or more vehicles per day. Annually those roads that are over 50 vehicles per day will have the prioritisation process applied. Using the prioritisation process, a listing of the highest priority unsealed roads would be developed for the region and the details added to the Forward Works List.

The prioritisation process is indicative and subject to confirmation annually by Council through the budget process. However, the plan provides a structured way of providing a priority to the projects on the list.

Attachments Unsealed Roads Upgrade Plan

Recommendation THAT Council endorses the use of the Unsealed Roads Upgrade Plan to rank gravel road upgrade projects on the Forward Works List for Council’s future budget consideration.

Resolution Moved – Cr Hall Seconded – Cr Brieschke

“THAT Council endorses the use of the Unsealed Roads Upgrade Plan to rank gravel road upgrade projects on the Forward Works List for Council’s future budget consideration.” Carried Vote - Unanimous

Subject: Bugs and Butterflies Picnic - Clock Park Lowood File Ref: Council properties - usage - 2019-2020 - Council hire agreements and bookings Action Officer: CSSA

Background/Summary Council’s community development team are hosting an event named, Bugs and Butterflies Picnic, in Clock Park, Lowood on 8 April 2020 for local families to link them with local community service providers. It will be a free event for the local community.

The event will have various stalls and activities including a DJ, jumping castle and petting zoo.

As part of the event, the community development team would like to close part of the carpark on the northern side of clock park to set up various stalls and petting zoo between the of 6am to 2pm on Wednesday, 8 April 2020. Refer to attached plan.

Minutes of Ordinary Meeting Wednesday, 12 February 2020

Council has approved this section of the carpark to be temporarily closed during events on previous occasions and has not received any complaints from the public.

Attachments Layout plan

Recommendation THAT Council approve the partial close of the carpark on Wednesday, 8 April 2020 between the hours of 6am and 2pm for setting up of stalls for Council’s event, Bugs and Butterflies Picnic, subject to the following conditions:

• Road closed signs are erected at each end of the closed area of the carpark as shown on the layout plan. • Standalone marquees and fencing are only to be used (no tent pegs or spikes) so that the road surface is not damaged. • The organisers are required to ensure that the carpark is kept in a clean and tidy condition with all material used in the petting zoo is removed from the carpark before it is reopened to vehicles.

Resolution Moved – Cr Brieschke Seconded – Cr Gaedtke

“THAT Council approve the partial close of the carpark on Wednesday, 8 April 2020 between the hours of 6am and 2pm for setting up of stalls for Council’s event, Bugs and Butterflies Picnic, subject to the following conditions:

• Road closed signs are erected at each end of the closed area of the carpark as shown on the layout plan.

• Standalone marquees and fencing are only to be used (no tent pegs or spikes) so that the road surface is not damaged.

• The organisers are required to ensure that the carpark is kept in a clean and tidy condition with all material used in the petting zoo is removed from the carpark before it is reopened to vehicles.” Carried Vote - Unanimous

Subject: Operations Report for January 2020 File Ref: Governance - Reporting - Officer Reports Action Officer: CSSA

Background/Summary – Technical Design Team This team has continued to progress the detailed designs for the 2019-2020 capital works program. They have provided support to the construction crews on the roadworks at the construction of Short Street, Lowood, Hope Street and Mary Street, Kilcoy and have provided support for the construction of Bertram Shallcross Bridge.

The Technical Design team continue to set out traffic counters within the region to maintain our current information and update our asset system with the latest information.

Minutes of Ordinary Meeting Wednesday, 12 February 2020

Permit Jan-19 Jan-20 Property Searches 59 69 Land Access Permit 49 84 Property Access Applications 2 6 National Heavy Vehicle Regulator Permits - Portal 10 22

Background/Summary – Works Department

Weather Conditions: Weather has been a little kinder to us over the month of January, we have seen some decent rain over most of the region, although we have not yet seen much in the way of runoff water. Works have been slowed but not compromised.

Team Building: Ongoing WH and S meetings in Lowood, Esk and Kilcoy have begun for the year, facilitated by Mal Christian, Chief Executive Officer, Andrew Johnson and Director Operations, Craig Young. These forums are both positive in getting feedback from the field staff and exchanging information about safety matters and work matters in general.

Foreman: Northern Maintenance Crew This crew has completed maintenance on Esk Crows Nest Road, Biarra, Kipper Creek Road Biarra, Francis Road, Biarra and Tuites Lane, Biarra. It had commenced work on the Esk Crows Nest Road widening and overlay project in December and water supply was becoming an issue for the project, however the crew are now back in action with a positive outlook for a wetter season.

Excavator crew There have been six burials through December and January. This crew has been working on drainage on roads the Northern Maintenance crew have completed (as above).

Landfill Waste operations are continuing as normal at Esk Landfill with various illegal dump site clean ups.

Foreman: Southern Maintenance Crew Part of this crew were back at work early in January, with the remaining crew back in action mid-January. The crew has assisted with the set up the kerb levels and helped with the lean mix base for the kerb in Short Street, Lowood. It has also completed maintenance on Nunns Road shoulders, gravel section of Nunns Road, Patrick Road and Clarendon Station Road shoulders in Clarendon. Also, Graham Road, Fernvale, Leschkes Road, Fairney View, Steinhardts Road, Stuhmckes Road and Postmans Track, Marburg

Esk Concrete Crew This crew was back in action in mid-January and have undertaken pipe repair maintenance jobs on Nunns Road, Clarendon Station Road and Clarendon Road prior to starting back on Short Street Lowood construction job with the set out and placement of lean mix for the base of the kerb and channel.

Minutes of Ordinary Meeting Wednesday, 12 February 2020

Foreman: Kilcoy 1 Grader Crew This crew are continuing with works on Mary Street reconstruction project. Works have been completed on the northbound part of the parking area up to Royston Street (side track for TMR lanes while being constructed) and the crew are now working on the southbound lane. Production rates have been good with minimal disruption to traffic.

Kilcoy 2 Grader Crew This crew has completed maintenance work on Rasmussen Road, Spring Creek Road, Wise Lane and are currently working on Coogan Road North and Mount Byron Road, Crossdale.

Foreman: Bitumen Crew This crew has been continuing with tree clean up on Esk Hampton Road (after Fires), TMR RMPC works repairing pavement problems to culvert approaches on Esk Hampton Rd, Esk Kilcoy Road and D’Aguilar Highway. Oaky Creek required asphalt and CTB repairs where pavement had sunk at approaches. Other works include Jenkinsons Road, Kilcoy edge repair with CTB and seal. It also assisted with tree clean up after storm on Brisbane Valley Highway.

HD 45 Crews Our HD 45 trucks continue repairing potholes over the TMR and Council networks along with sealing new works as above. These crews are used to bolster numbers in the bitumen crew as required.

Foreman: Bridge Crew: This crew is back in action on Shallcross Bridge. Early in the month, the crew was preparing for piling. Piling Contracts turned up on time and piling was completed on 15 January. Rock protection for abutment base was placed and the mud slabs were poured on 23 January. Abutment steel was placed on the 28 January with the form work set up, Abutment A will be poured on 4 February.

Kilcoy Concrete Crew: This crew returned to work 13 January and completed Brown Street, Kilcoy drainage project. Other works have included tightening up bridge rails on Alex Brown Bridge. This crew has now commenced work on the Kilcoy pool fence and footpath construction job in Hope Street.

Senior Foreman: Repair Crew 1: This crew is continuing with numerous customer service requests. Other works included cutting up and removing trees and large branches from storm damage, sweeping intersections for loose gravel, rock and debris, sweeping loose tyre rubber in Mt Glorious Road area, excavating silt and debris from drains due to storm water in all areas, marked and logged codes for both reseal and line marking renewal, applied correction material to footpath defects in Lowood area, renewed signs and posts as per requests, removed trees, branches and repaired signs due to bushfires.

Repair Crew 2: This crew is continuing to work in conjunction with repair crew one to complete projects mentioned above.

Department of Transport and Main Roads (TMR) Works Council is presently working on the following projects on behalf of TMR.

Minutes of Ordinary Meeting Wednesday, 12 February 2020

• Gatton Esk Signage Scheme pricing accepted, works to begin shortly. • Esk Hampton Rd and Brisbane Valley Hwy Bush fire repairs continue. • D’Aguilar Highway (Mary Street) Kilcoy pavement rehabilitation – work between Hope and Royston Street is continuing with the road pavement works. Ancillary works such as lighting and footpath around Hope St is continuing. The design of the William Street intersection is being finalised where possible taking into account feedback from affected stakeholders

Works carried out by Contractors • Footpath works at Peace Street and Prospect Street, Lowood. Glamorgan Vale Road and Clive Street, Fernvale to commence shortly by A&M Civil. • Piling works on Bertram Shallcross Bridge, Gregors Creek is completed. • Design works for Neuendorff Road Bridge, Minden and Tetzlaff Lane Bridge, Mt Beppo are in progress by GHD.

Background/Summary – Waste Management

Month to date figures December YTD Leviable Waste to Landfill (Esk) - From Kilcoy 129.18t 831.62t - From Coominya, Harlin and Esk 140.28t 688.08t - Kerbside Pickups – Ipswich Waste Services 567.72t 3390.43t - Other 31.38t 148.14t

Total leviable Waste to Landfill (Esk) 868.56t 5058.27t

Levy Payable (approximate, excluding GST) $65,142 $379,370.25

Dockets issued (number of transactions) 1,032 6,302

Illegal Dumping 1.06t 7.44t

Background/Summary – Disaster Management • Council invited Blazeaid to assist with the Somerset residents’ recovery. Blazeaid will be meeting with residents in the first week of February, looking to assist with provision of materials to assist in their rebuilding of fences. There are approximately 28 properties that have requested assistance from Blazeaid. • Strategic Local Floodplain Management Plans (SLFMP) are being developed, components of which are specific to Disaster Management. These SLFMP’s are expected to be completed by June 30. • Debrief was conducted with the Local Disaster Management Group for the recent bushfire activity. • Queensland Reconstruction Authority (QRA) facilitated a Recovery Planning Workshop to assist in developing a “Plan on a Page”. • Discussions have been held with QITPlus regarding upgrade of Guardian to Guardian IMS for incident management, this is expected to be completed in February with training to follow. • Inductions in Disaster Management were conducted in January for new staff members joining Somerset Regional Council • Council participated in the development of a business continuity plan for the Brisbane Valley meals on Wheels (BVMOW). Initial drafts have been completed with Council

Minutes of Ordinary Meeting Wednesday, 12 February 2020

providing input and advice. This plan is aimed at ensuring that BVMOW have systems in place should services be affected by disasters or other interruptions. • Council have liaised with Logan SES who are looking to join forces with Somerset SES to assist a number of properties with their clean up as a result of the bushfires.

Background/Summary – Customer Service Requests Council received 456 customer service requests for the month of January 2020. A copy of the report is attached for your information.

Monthly comparison table

Month No of CSR's Received For Comparison Month No of CSR's Received Jul-19 522 Jul-18 377 Aug-19 476 Aug-18 365 Sept-19 581 Sept-18 410 Oct-19 502 Oct-18 389 Nov-19 446 Nov-18 357 Dec-19 312 Dec-18 258 Jan-20 455 Jan-19 363

There was an increase of 92 customer service requests recorded compared to the same time last year. The increase was generally because of the requests for the number of livestock wandering received. Council received 63 livestock wandering at large requests for January 2020 compared with receiving 12 in January 2019. Below is a summary of types of requests received for January 2020.

Jan 2020 Jan 2019 Animal Control 170 105 Environmental health/declared plants and animals 28 30 Facilities maintenance 23 26 Illegal dumping 9 6 Local laws 19 25 Parks, gardens, Council land 12 9 Roads, Bridges, Drainage 96 75 Wheelie bins 81 75 Departmental reviews 0 1 Other 17 11 Total 455 363

Attachment Customer service request report for month of January 2020.

Recommendation THAT Council receive the Operations Report for January 2020 and the contents noted.

Resolution Moved – Cr Hall Seconded – Cr Ogg

“THAT Council receive the Operations Report for January 2020 and the contents noted.” Carried Vote - Unanimous

Minutes of Ordinary Meeting Wednesday, 12 February 2020

Subject: Community Assistance Grants 2019 - 2020 - Rotary Club of Ipswich North - Doc Id 1172624 File Ref: Community Relations - Sponsorships - Donations Action Officer: DHRCS

Background/Summary To assist with the costs associated with holding the Police, Fire and Emergency Officers Awards 2019, being held 8 May 2020 at the North Ipswich Civic Centre.

Amount requested: $ 1,500 Total cost of project: $15,675 Amount recommended to be granted: $ 2,000

Assessor’s Summary The applicant states the awards recognise outstanding Police, Ambulance, Fire and Rescue, Rural Fire Service and SES personnel who serve our community every day.

Members of each service can nominate colleagues who demonstrate excellent and dedicated service. The public are also able to nominate Police Officers.

The criteria for nomination is:

Awards will be offered for officers who, in serving the community:

• Displays very high standards of professionalism; or • Performs significant acts of courtesy, kindness, understanding or courage; or • Handles complex and difficult situations with humanity; or • Demonstrates excellence in a particular policing discipline, role or task.

The group have requested a donation towards the costs associated with holding the Police, Fire and Emergency Officers Awards 2019.

Somerset Regional Council has supported the event in previous years by purchasing a Bronze Sponsorship Package as per below. The same sponsorship package is available for purchase in support of the 2019 awards.

Sponsorship packages:

• Gold Sponsor $5,000 • Silver Sponsor $3,000 • Bronze Sponsor $2,000 • Table Sponsor $ 950

Attachments Nil

Recommendation THAT the application as summarised in this report be recommended for funding and $2,000 be granted through the Community Assistance Grants budget allocation; plus GST if applicable for a Bronze Sponsorship Package to assist with the costs associated with holding the Police and Emergency Officers Awards 2019, being held 8 May 2020 at the North Ipswich Civic Centre. The above recommendation is pending the acquittal of the community assistance

Minutes of Ordinary Meeting Wednesday, 12 February 2020 grant allocated in the 2018/19 funding round.

Resolution Moved – Cr Choat Seconded – Cr Ogg

“THAT the application as summarised in this report be recommended for funding and $2,000 be granted through the Community Assistance Grants budget allocation; plus GST if applicable for a Bronze Sponsorship Package to assist with the costs associated with holding the Police and Emergency Officers Awards 2019, being held 8 May 2020 at the North Ipswich Civic Centre. The above recommendation is pending the acquittal of the community assistance grant allocated in the 2018/19 funding round.” Carried Vote - Unanimous

Subject: C0/34 Copyright Policy File Ref: Officers Reports Action Officer: CMM

Background/Summary Somerset Regional Council purchases an annual licence with the Copyright Agency Limited which covers dissemination, storage and obligations under the Copyright Act (1968) as it pertains to Somerset Regional Council and is covered under the licence. For the purpose of the Copyright Act (1968) Councils are not government (the crown) and are not covered by statutory licence provisions.

In addition to this licence, Council requires a Copyright Policy to ensure council is protected from Copyright infringements which may result in civil or criminal action against council and/ or the individual responsible for the infringement.

The purpose of this policy is to:

• reduce staff exposure to the risks associated with the use of third party copyright material • assist staff to make full legal use of the materials at their disposal by clearly identifying responsibilities; and • promote copyright compliance.

Attachments CO34 Copyright Policy

Recommendation THAT Council adopt the CO/34 Copyright Policy as follows -

Policy Subject/Title: Copyright Policy

Minutes of Ordinary Meeting Wednesday, 12 February 2020

Policy Number: C / 034

Responsible Officer: Communications and Marketing Manager

Related Policies / Procedures: C/013 Information Privacy Policy C/012 Confidentiality Policy C/015 Information Management Policy C/016 Email Policy C/021 Style Guide Policy EX005 Councillor Code of Conduct HR001 Code of Conduct HR008 Email, Internet and computer network usage policy

Authorised by: Somerset Regional Council Authorised on: 12 February 2020 Review / Amendment dates:

1. OBJECTIVE

This policy sets out the protocol to be followed by an employee, Council volunteer and councillors who are contributing to the core functions of council or producing council materials (including plans, maps and signage).

This Policy is an effective way for Council to limit its risks associated with copyright and ensuring all staff are aware of their copyright obligations.

Somerset Regional Council is a large producer and user of copyright material and it is therefore essential that council implements the rights and responsibilities regarding copyright legislative requirements.

Material created by council staff as part of their employment with the council remains the property of Somerset Regional Council as the intellectual property holder, not the individual, and is protected by copyright.

The purpose of this policy is to:

• reduce staff exposure to the risks associated with the use of third party copyright material

• assist staff to make full legal use of the materials at their disposal by clearly identifying • responsibilities; and

• promote copyright compliance

2. BACKGROUND

The Copyright Act 1968 (the Act) grants exclusive rights to creators and owners of copyright material. These exclusive rights include the right to reproduce or copy, publish, perform, communicate (by email or making available online), translate or adapt the material. Creators of some types of works are also granted ‘moral rights’. Copyrighted material must not be used in a manner that infringes the copyright owner's exclusive rights or moral rights, without the consent of the copyright owner, or as otherwise provided in the Act.

Minutes of Ordinary Meeting Wednesday, 12 February 2020

Copyright infringements may result in civil or criminal action against council and/ or the individual responsible for the infringement.

Council supports and encourages the legitimate use of materials to enhance the communication of, knowledge and research activities. However, council does not condone any activity which infringes the copyright or moral rights of any third party.

Breaches of this policy or copyright legislation by staff, councillors, contractors and volunteers may constitute misconduct which may lead to disciplinary proceedings including termination. Copyright infringement by an individual may also result in personal liability to, or criminal prosecution of, that individual.

The use of third party materials for activities undertaken offshore is subject to the copyright laws of the country where the activity is undertaken.

Somerset Regional Council has an annual licence with the Copyright Agency Limited which further covers dissemination, storage and obligations under the Copyright Act (1968) as it pertains to Somerset Regional Council as specifically covered under the licence.

3. DEFINITIONS

Employee: A person who works for Council, includes employees, contractors, work experience placements, students, trainees or any other person who has access to Council’s electronic systems and services either in a permanent or temporary role.

Council Volunteer: A person who works for Council in a voluntary capacity regardless of the time frame. Includes one-time event volunteers, volunteers rostered throughout the year at visitor information centres or community service buildings and or those volunteers assisting in the delivery of projects or Council functions.

Elected representative: An elected member of government that represents the local government authority, eg a Councillor.

Information Services Facilities: Facilities, resources and equipment including but not limited to computers, tablets, laptops, ipads, phones, emails, multi-media messaging that are utilised by Council employees, volunteers or elected representatives.

4. PURPOSE

To ensure all staff, councillors and volunteers are responsible for observing copyright legislation, and any restrictions or obligations under any licences or permissions in their use of third party material and not using council facilities or equipment in a manner that infringes copyright; and notifying the corporate Services department of:

- any allegations of copyright infringement on the corporate network or mobile devices; or - if council’s material or activity is in breach of copyright.

Minutes of Ordinary Meeting Wednesday, 12 February 2020

5. POLICY

All staff, councillors, contractors and volunteers are responsible for:

• observing copyright legislation, and any restrictions or obligations under any licences or permissions in their use of third party material and not using council facilities or equipment in a manner that infringes copyright; and

• Notifying the Corporate Services department and Communications and Marketing department of:

- any allegations of copyright infringement on the corporate network or mobile devices; or - if council’s material or activity is in breach of copyright.

Council will provide information, resources and training (where required) to assist with understanding and complying with responsibilities in relation to copyright.

Dealing with Allegations of Copyright Infringements

Where a notice is received from a third party alleging that any council activity, material, or material available on council’s website infringes that third party's copyright, such notice must be promptly forwarded to council’s Corporate Services department and Communications and Marketing department. Where the notice relates to material that is available on council’s website, the information must be immediately taken down, and legal advice sought to resolve. Where a staff member, councillor and volunteer reasonably believes that any council material or activity infringes copyright, that matter must be promptly reported to the Corporate Services Department and Communications and Marketing department.

The corporate services department and/or the communications marketing department will:

• provide advice to staff and titleholders on the interpretation of the Copyright Act and the policy;

• maintain updated copyright information on the external website and intranet;

• raise awareness of the policy and copyright obligations; and

• ensure that new and existing staff have access to the copyright policy.

Unauthorised Copying

Unauthorised copying or communication of copyright protected material (such as music, DVD, videos and software), violates copyright, and is prohibited.

Council recognises the following principles:

• copying or use of unauthorised music, DVD, video and software is prohibited;

• sufficient quantities of legitimately acquired software via the normal purchasing and approval mechanisms will be provided;

• all licensing terms and conditions regulating the use of any software acquired will be complied with;

Minutes of Ordinary Meeting Wednesday, 12 February 2020

• to enforce strong controls within council to prevent the copying or use of unauthorised music, DVD, videos, and software. This includes effective measures to verify compliance with these standards and appropriate disciplinary action for any violation of these standards;

• to inform all authorised users of their responsibilities in relation to music, DVD, video and software piracy;

• to provide this information to all new employees, contractors, volunteers, and other authorised users, prior to providing them with a user account and password;

Dealings in Copyright Protected Material for Personal Private Use

Music, videos or software purchased by users for personal private use are not to be installed on Council owned facilities.

Dealings in Copyright Protected Software

The use of software is covered by copyright law and software licensing agreements. In relation to the use of software, it is illegal to do any of the following:

• use software in any way that may contravene the software license agreement or copyright law;

• copy software or its accompanying documentation, including programs, applications, data, codes and manuals, without permission or license from the copyright owner;

• use a single user license copy to install a program on multiple computers;

• take advantage of software upgrade offers without having a legal copy of the software to be upgraded;

• authorise, encourage, allow, compel or pressure users of council’s Information Services’ facilities to make or distribute illegal software copies;

• import software into Australia without the permission of the copyright owner;

• distribute software that has been imported into Australia, without the permission of the copyright.

Non-Council Owned Information Services’ Equipment

Council reserves the right to check for pirated music, DVD’s, videos and software on non- council owned Information Services’ equipment that is connected to the council’s information service infrastructure.

Compliance Monitoring

Council will regularly scan Information Services facilities for evidence of illegal activity. Where there is evidence or suspicion of illegal activity, council reserves the right to shut down and isolate any Information Services’ facilities associated with this illegal activity. The decision to shut down and isolate any Information Services’ facility will be made by the Chief Executive Officer or delegate.

Minutes of Ordinary Meeting Wednesday, 12 February 2020

Compliance

Council treats misuse of its facilities seriously. Violations of the conditions of use of Information Services’ facilities may result in temporary or indefinite withdrawal of access, and disciplinary action under the council’s Code of Conduct. Access may also be withdrawn by Information Services in response to a suspected policy violation until an investigation can be completed. Misuse or unauthorised use of Information Services’ facilities may constitute an offence under the Crimes Act, 1914 and/or other State or Commonwealth legislation.

Users are encouraged to report any misuse and any reports will be treated as confidential.

6. RECORD KEEPING

Where a staff member, councillor, contractor and volunteer reasonably believes that any council material or activity infringes copyright, that matter must be promptly reported to the Corporate Services Department and Media and Communications department.

7. EFFECTIVE FROM

This policy is effective from 12 February 2020.

8. DATE OF RESOLUTION

This policy was approved by the Chief Executive Officer and adopted by Somerset Regional Council at the Ordinary Meeting of 12 February 2020.

Signed: Date:

Resolution Moved – Cr Whalley Seconded – Cr Choat

““THAT Council adopt the CO/34 Copyright Policy as follows -

Policy Subject/Title: Copyright Policy

Policy Number: C / 034

Responsible Officer: Communications and Marketing Manager

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Authorised by: Somerset Regional Council Authorised on: 12 February 2020 Review / Amendment dates:

1. OBJECTIVE This policy sets out the protocol to be followed by an employee, Council volunteer and councillors who are contributing to the core functions of council or producing council materials (including plans, maps and signage).

This Policy is an effective way for Council to limit its risks associated with copyright and ensuring all staff are aware of their copyright obligations.

The purpose of this policy is to:

• reduce staff exposure to the risks associated with the use of third party copyright material

• assist staff to make full legal use of the materials at their disposal by clearly identifying • responsibilities; and

• promote copyright compliance

2. BACKGROUND The Copyright Act 1968 (the Act) grants exclusive rights to creators and owners of copyright material. These exclusive rights include the right to reproduce or copy, publish, perform, communicate (by email or making available online), translate or adapt the material. Creators of some types of works are also granted ‘moral rights’. Copyrighted material must not be used in a manner that infringes the copyright owner's exclusive rights or moral rights, without the consent of the copyright owner, or as otherwise provided in the Act.

Copyright infringements may result in civil or criminal action against council and/ or the individual responsible for the infringement.

The use of third party materials for activities undertaken offshore is subject to the copyright laws of the country where the activity is undertaken.

Somerset Regional Council has an annual licence with the Copyright Agency Limited which further covers dissemination, storage and obligations under the Copyright Act (1968) as it

Minutes of Ordinary Meeting Wednesday, 12 February 2020 pertains to Somerset Regional Council as specifically covered under the licence.

3. DEFINITIONS Employee: A person who works for Council, includes employees, contractors, work experience placements, students, trainees or any other person who has access to Council’s electronic systems and services either in a permanent or temporary role.

Elected representative: An elected member of government that represents the local government authority, eg a Councillor.

4. PURPOSE To ensure all staff, councillors and volunteers are responsible for observing copyright legislation, and any restrictions or obligations under any licences or permissions in their use of third party material and not using council facilities or equipment in a manner that infringes copyright; and notifying the corporate Services department of:

- any allegations of copyright infringement on the corporate network or mobile devices; or - if council’s material or activity is in breach of copyright.

5. POLICY All staff, councillors, contractors and volunteers are responsible for:

• Notifying the Corporate Services department and Communications and Marketing department of:

- any allegations of copyright infringement on the corporate network or mobile devices; or - if council’s material or activity is in breach of copyright.

Council will provide information, resources and training (where required) to assist with understanding and complying with responsibilities in relation to copyright.

Dealing with Allegations of Copyright Infringements Where a notice is received from a third party alleging that any council activity, material, or material available on council’s website infringes that third party's copyright, such notice must be promptly forwarded to council’s Corporate Services department and Communications and Marketing department. Where the notice relates to material that is available on council’s website, the information must be immediately taken down, and legal advice sought to resolve.

Minutes of Ordinary Meeting Wednesday, 12 February 2020

Where a staff member, councillor and volunteer reasonably believes that any council material or activity infringes copyright, that matter must be promptly reported to the Corporate Services Department and Communications and Marketing department.

The corporate services department and/or the communications marketing department will:

• provide advice to staff and titleholders on the interpretation of the Copyright Act and the policy;

• maintain updated copyright information on the external website and intranet;

• raise awareness of the policy and copyright obligations; and

• ensure that new and existing staff have access to the copyright policy.

Unauthorised Copying Unauthorised copying or communication of copyright protected material (such as music, DVD, videos and software), violates copyright, and is prohibited.

Council recognises the following principles:

• copying or use of unauthorised music, DVD, video and software is prohibited;

• sufficient quantities of legitimately acquired software via the normal purchasing and approval mechanisms will be provided;

• all licensing terms and conditions regulating the use of any software acquired will be complied with;

• to inform all authorised users of their responsibilities in relation to music, DVD, video and software piracy;

• to provide this information to all new employees, contractors, volunteers, and other authorised users, prior to providing them with a user account and password;

Dealings in Copyright Protected Material for Personal Private Use Music, videos or software purchased by users for personal private use are not to be installed on Council owned facilities.

Dealings in Copyright Protected Software The use of software is covered by copyright law and software licensing agreements. In relation to the use of software, it is illegal to do any of the following:

• use software in any way that may contravene the software license agreement or copyright law;

• copy software or its accompanying documentation, including programs, applications, data,

Minutes of Ordinary Meeting Wednesday, 12 February 2020

codes and manuals, without permission or license from the copyright owner;

• use a single user license copy to install a program on multiple computers;

• take advantage of software upgrade offers without having a legal copy of the software to be upgraded;

• authorise, encourage, allow, compel or pressure users of council’s Information Services’ facilities to make or distribute illegal software copies;

• import software into Australia without the permission of the copyright owner;

• distribute software that has been imported into Australia, without the permission of the copyright.

Non-Council Owned Information Services’ Equipment Council reserves the right to check for pirated music, DVD’s, videos and software on non- council owned Information Services’ equipment that is connected to the council’s information service infrastructure.

Compliance Monitoring Council will regularly scan Information Services facilities for evidence of illegal activity. Where there is evidence or suspicion of illegal activity, council reserves the right to shut down and isolate any Information Services’ facilities associated with this illegal activity. The decision to shut down and isolate any Information Services’ facility will be made by the Chief Executive Officer or delegate.

Compliance Council treats misuse of its facilities seriously. Violations of the conditions of use of Information Services’ facilities may result in temporary or indefinite withdrawal of access, and disciplinary action under the council’s Code of Conduct. Access may also be withdrawn by Information Services in response to a suspected policy violation until an investigation can be completed. Misuse or unauthorised use of Information Services’ facilities may constitute an offence under the Crimes Act, 1914 and/or other State or Commonwealth legislation.

Users are encouraged to report any misuse and any reports will be treated as confidential.

6. RECORD KEEPING Where a staff member, councillor, contractor and volunteer reasonably believes that any council material or activity infringes copyright, that matter must be promptly reported to the Corporate Services Department and Media and Communications department.

7. EFFECTIVE FROM This policy is effective from 12 February 2020.

8. DATE OF RESOLUTION This policy was approved by the Chief Executive Officer and adopted by Somerset Regional Council at the Ordinary Meeting of 12 February 2020.

Signed: Date:” Carried Vote - Unanimous

Minutes of Ordinary Meeting Wednesday, 12 February 2020

Subject: Tourism and Promotions Report January 2020 File Ref: Tourism - Promotions Action Officer: CMM

Background The following is the January 2020 summary of activities for Somerset visitor information centres.

Statistics Other Rest of Somerset Brisbane Interstate International Total SEQ state Esk VIC 102 76 96 30 29 24 357 Kilcoy VIC 103 98 123 25 60 22 431 Fernvale 130 117 60 34 36 10 387 VIC SRAG / 164 36 59 26 10 10 305 TVIC

Motivators First Second Third Esk Directions and maps Glen Rock Gallery Tourist drives

Kilcoy Directions and maps Environmental centre Caravan and camping

Fernvale Directions and maps Tourist drives Brisbane Valley Rail Trail SRAG / The Condensery Heritage Tourism drives TVIC

Merchandise First Second Third Total value Esk Postcard Christmas gift pack Stubby cooler $36 Water bottle / Kilcoy Stubby cooler Magnet $43 travel mug Bumper sticker / Fernvale Water bottle Magnet $24 stubby cooler SRAG / Water bottle Travel mug Post card $102 TVIC

Volunteers Active Non-active Total Resignations New Esk 10 3 13 0 0 Kilcoy 12 2 14 0 1 Fernvale 21 0 21 0 1 SRAG / 8 4 12 0 0 TVIC

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Volunteer acknowledgement and engagement The team is currently finalising dates for the 2020 famils.

Room bookings Number Total value Esk VIC 0 0 Kilcoy VIC 4 $358 Fernvale VIC 6 $784 Fernvale Community Hall 3 $81 Fernvale Showgrounds 2 $1,290

Somerset Regional Art Gallery – The Condensery Neil Degney’s You Are Here + continued until Sunday, 19 January. The opening of Kilcoy Kollections II on Friday, 24 January attracted 66 people. This exhibition runs until Sunday, 22 March.

The Bomb Shelter has had a makeover, with the removal of the cot and the installation of a donated pianola, milk wagon and power board/switch board from The Condensery.

The Queensland Times visited as part of a Toogoolawah townships editorial on Thursday, 30 January.

Glen Rock Art Gallery (Esk Visitor Information Centre) The January exhibition coordinated by SASI featured Picturing Innovation from Friday, 3 January to Wednesday, 5 February.

Events

Australia Day: On Sunday, 26 January 300 people enjoyed a revitalised Australia Day celebration. We welcomed 30 new citizens at a citizenship ceremony and recognised 21 nominees at the Somerset Australia Day Awards. Guests were treated to lamingtons and scones for morning tea while enjoying music by Chris Taylor and Andrew MacNaughton. Australia Day Ambassador Olivia Hargroder presented an inspiring message of perseverance and exceeding expectations that was well received by attendees.

Internal event support: The Events Officer is currently providing support for a number of departments including the official opening of the Kilcoy Racecourse redevelopment in late February and an under eights picnic in Lowood in April. Planning for events such as Art Beat, Somerset Rail Trail Fun Run or Ride and Seniors Week will start soon. A review of event processes is currently underway with new processes to be rolled out in coming months.

Promotions Creating online content for free listings with the Australian Tourism Data Warehouse (ATDW) is ongoing. Operators have been encouraged to create their own ATDW listing. Regional events have also been added to ATDW to be distributed to various websites including Visit Brisbane and Queensland.com. Events are updated on the Experience Somerset website. Graphic design and promotional material and merchandise to support events is created by the tourism team on an ongoing basis.

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Event organisers and operators were encouraged to email 2020 event dates and information to be included in the Wot’s On In Queensland guide. Council purchased full page ads in the guide, along with Highways, Byways & Roads Less Travelled.

Caravanning Queensland displayed Somerset visitor guides on their stand at the Kratzmann SEQ Expo from 31 January to 2 February.

Social media Facebook • Experience Somerset: 2,373 likes (+26 on previous month) • Somerset Regional Art Gallery – The Condensery: 575 (+5) • Somerset Rail Trail Fun Run: 1,501 (+5)

Instagram • Experience Somerset: 953 (+11)

Experience Somerset website • Pageviews: 5,853

First Second Third Top locations Brisbane (2,740) Sydney (236) Gold Coast (155)

Most popular pages: Somerset Park Campground, Boating and Fishing, Events.

Attachments Nil

Recommendations THAT Council receive the Tourism and Promotions Report for the month of January 2020 and that the contents be noted.

Resolution Moved – Cr Hall Seconded – Cr Brieschke

“THAT Council receive the Tourism and Promotions Report for the month of January 2020 and that the contents be noted.” Carried Vote - Unanimous

Subject: Brisbane Airshow sponsorship and Somerset region festival File Ref: Economic Development - Industries - Tourism Action Officer: CMM

Background/Summary Australian AirDisplays will present The Brisbane Airshow at Watts Bridge Memorial Airfield in Somerset on 4 and 5 July 2020. Flying practice will be held on Friday, 3 July. On Wednesday, 5 February a meeting was held between Council Communications and Marketing Manager, and Australian AirDisplays Directors Gill Vardi and James Crockett following their initial presentation to Council on Wednesday, 22 January.

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The Directors presented a naming rights sponsorship package which included a $38,000 cash component. The package also included an in-kind component which requested the waiving of all Council application fees associated with the event. Australian AirDisplays would also expect Council to provide and/or pay for all traffic management associated with the event.

This sponsorship investment would bring significant economic benefits to the Somerset region, particularly for accommodation providers, tourism operators and the local hospitality industry. Council branding would be featured on all Brisbane Airshow advertising, and the event itself is expected to attract 20,000 people from across South-East Queensland.

More than 40 local businesses have already joined the show’s Somerset Business and Trade Expo. The airshow will include car displays, education alley, market stalls, food trucks, children’s rides, live music and a camping/glamping area. A ‘Fourth of July’ celebration is also planned.

Council’s naming rights sponsorship of the airshow would provide the platform for the Somerset Festival of Planes, Trails and Automobiles (name to be confirmed). The festival would be held from Friday, 26 June to Sunday, 12 July, incorporating existing events like the Kilcoy Winter Cup Races (28 June), Brisbane Valley Rail Trail Festival of Cycling (4 July) and Somerset Rail Trail Fun Run or Ride (12 July).

Theming would also be incorporated into Council’s school holiday program, and events like the Esk Garden and Lifestyle Fair (20 June) and Kilcoy races (13 June) that fall before the festival would be encouraged and supported to get involved. This would be extended to Somerset schools, community groups, businesses and tourism operators across the region.

Australian AirDisplays has committed to presenting The Brisbane Airshow at Watts Bridge Memorial Airfield in 2020, 2022 and 2024, and Council has a unique opportunity to take ownership of Queensland’s largest airshow. The Somerset Festival of Planes, Trails and Automobiles would be held in these years to coincide with the show.

Attachments 1. Australian AirDisplays - Executive Summary Somerset Regional Council Sponsorship 2. Somerset Regional Council events calendar 2020

Recommendations 1. THAT Council accept the $38,000 naming rights sponsorship package for The Brisbane Airshow as presented by Australian AirDisplays.

2. THAT Council officers work towards the development and delivery of the Somerset Festival of Planes, Trails and Automobiles (name to be confirmed).

Resolution Moved – Cr Gaedtke Seconded – Cr Choat

“1. THAT Council accept the $38,000 naming rights sponsorship package for The Brisbane Airshow as presented by Australian AirDisplays.

2. THAT Council officers work towards the development and delivery of the Somerset Festival of Planes, Trails and Automobiles (name to be confirmed).” Carried Vote - Unanimous

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Meetings authorised by Council Nil

Mayor and Councillor Reports

Cr Dan Hall - Councillor report

Cr Hall commented that the rain the region has been receiving has been brilliant, and has already changed certain parts of the region, commenting that event with a little bit of damage here and there, he would like it to rain more.

Cr Helen Brieschke - Councillor report

Cr Brieschke noted that Toogoolawah can boast 87 mls last week and 78 mls on Monday.

January 24 Kasi Collection Exhibition Opening, The Condensery 26 Australia Day Awards Ceremony, Somerset Civic Centre Kilcoy Australia Day Races 29 Meeting with Progresk Association members

February 4 Tree Planting, Toogoolawah Rail Trail section 5 Somerset and District Progress Association meeting 6 Brain Storming Session, Council BV Rail Trail Project meeting 8 BV Bulls JRL Exhibition Matches, Esk Recreational Grounds 10 Lowood High School Student Leader Induction 11 Bushfire Recovery Funding information meeting with Darling Downs West Moreton Primary Health Network Local Medical Services Shortage discussion

Report

Brisbane Valley Bulls Junior Rugby League The BV Bulls Junior Rugby League held their first exhibition match last Saturday and despite the inclement weather, the day was well attended and a successful venture for the club. The recently refurbished grandstand and other renovations performed by Council have made these events possible by providing adequate seating and amenities and the venue is looking fresh and neat. The field was in great condition and a credit to the club’s grounds man.

Thank you to Council’s Sport and Recreation Officer for assisting the club in securing the Normanby Hounds, West Brisbane Panthers and Swifts A Grade teams and a special thank you to those teams for supporting our local club.

ANZ Bank Closure, Kilcoy Disappointing news announced this week with the ANZ bank closing in Kilcoy at the end of February. One would wonder how this can happen in a large rural town supported by large industry, primary producers and a growing horse racing fraternity.

2020 Student Leaders

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Minutes of Ordinary Meeting Wednesday, 12 February 2020

Investitures and Student Leader presentations have begun around the region and I would like to congratulate those students who have become leaders in their school communities and wish them every success for the coming year.

Cr Sean Choat - Councillor report

22/01/2020 Council General Meeting and Workshop – Council Chambers Esk 26/01/2020 Somerset Australia Day and Citizenship Celebrations – Esk Civic Centre 07/02/2020 Council Meetings BVRT and Event Sponsorship - Council Chambers Esk 10/02/2020 Lowood State High School Investiture

Regarding the Lowood Student Leaders Lowood Investiture on Monday. They are up to 750 enrolments at the school and there was a good feel about the whole event. Some lovely kids there and we have high hopes for the student body at Lowood.

Cr Otis Ogg - Councillor report

Cr Ogg also noted how great the rain has been, and expressed concerns about the fire damaged trees and their recovery.

Cr Gaedtke - Councillor report

22 January Separate appointments with two local residents 24 January Kilcoy Kollections 11 Official Opening – Somerset Regional Art Gallery The Condensery An exhibition with a twist of difference as three young ladies modelled wearable art 26 January Australia Day Celebrations – Somerset Civic Centre – Esk Congratulations to all award nominees and welcome to our country to 32 new Australian Citizens 26 January Kilcoy Australia Day Races A very successful race meeting with a great show of support from locals and visitors, and it is great to see the return of the Kilcoy Gift 28 January Kilcoy Interagency Meeting 29 January Kilcoy District Progress Assn Inc monthly meeting 01 February Yowie Park Run – 1st Birthday Celebrations A fun first birthday celebration with wigs and hats being worn 04 February Fire Management and Native Vegetation Information Night – Kilcoy Information Centre A very informative and well organised forum 05 February Somerset Dam and District Progress Assn Inc monthly meeting 05 February Meeting with local Social Health Workers A meeting with a very in-depth conversation and highlighted regional issues 06 February Meetings-Event Planning – Esk 10 February NCC Early Learners – Kilcoy Childcare Lovely to meet the new administrators of this important service 10 February Kilcoy State School P & C Association monthly meeting Enrolment of students at 327. A decision will be reached on Thursday if an additional teacher will be appointed to the school. The school continues to develop its diverse culture with over 100 students, or 32% of students having English as an additional language

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Resolution Moved – Cr Whalley Seconded – Cr Ogg

“THAT the verbal and written reports of Crs Hall, Brieschke, Choat, Ogg and Gaedtke be received and the contents noted.” Carried Vote - Unanimous

Receipt of Petition Nil

Consideration of notified motions

Cr Hall presented a notice of motion as follows –

Notice of Motion

Re-use of the buildings on Linville Picnic Races Site by the Mount Stanley Muster

To: Mayor Lehmann and Chief Executive Officer – Andrew Johnson

I, Councillor Dan Hall provide notice to all Councillors that I intend to propose a resolution at the Ordinary Meeting of Council to be held on Wednesday 12 February 2020.

Background At the Council workshop meeting held on 27 November 2019, Council requested Officers proceed with further investigating the re-use of the Buildings on the old Linville Picnic Races site by the Mt Stanley Muster.

A letter was forwarded to Jennifer Earle on December 10, 2019. Council has not received a response.

On Tuesday 4 February 2020, I met with the Director Corporate and Community Services and the President of the Mt Stanley Muster Don Smith on site.

The shed, fridge/cool room, toilet block and water tank all look to be in a state where they could be re-used. Don indicated that he would be able to organize a group to visit the site and remove what they agreed could be re-used.

Resolution

1. THAT Council write to the Mt Stanley Muster Inc providing permission to the group to remove any structures they wish to re-use from the Linville Picnic Races site for re-use at their grounds.

2. THAT Council provide this permission due to the fact that the buildings are currently in an abandoned state and are going to be used by a group with the resources to remove and relocate same within the local area and

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3. THAT permission is granted on the basis that the group work with the lessee by providing notice of the dates and times they wish to enter the site and that they leave the site in a reasonable state.

Resolution Moved – Cr Hall Seconded – Cr Brieschke

“1. THAT Council write to the Mt Stanley Muster Inc providing permission to the group to remove any structures they wish to re-use from the Linville Picnic Races site for re-use at their grounds.

Reception of notices of motion for next meeting Nil

Items for reports for future meetings Nil

Closure of Meeting

Summary There being no further business, the Mayor, Cr Graeme Lehmann closed the meeting at 10.01 am.

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