2012-06-13 Ordinary Meeting Minutes

MINUTES

of the

ORDINARY MEETING

CHAIRMAN: Cr R Dyne (Mayor)

Held in the Boardroom Town Hall 2 Caledonian Hill Gympie Qld 4570

On Wednesday 13 June 2012 At 9.00 am Ordinary Meeting 13 June 2012 2

Gympie Regional Council ORDINARY

Mayor RJ Dyne (Chairman), Crs AJ Perrett, MW Curran, RA Gâté, LJ Friske, IT Petersen, MA McDonald, WW Sachs and JA Walker

CONTENTS:

SECTION 1: OPEN WITH PRAYER...... 4

LEAVE OF ABSENCE...... 4

SECTION 2: APOLOGIES ...... 4

SECTION 3: CONFIRMATION OF MINUTES OF PREVIOUS GENERAL MEETING ...... 5

SECTION 4: PETITIONS ...... 5

SECTION 5: PLANNING & DEVELOPMENT ...... 6 5/1 LOCAL HERITAGE LISTING OF 15 CALEDONIAN HILL, GYMPIE...... 6 5/2 APPLICATION FOR RENEWAL OF TERM LEASE 0/220753 – LOT 51 ON SP159635...... 10 5/3 PROPOSED REGIONAL SHOOTING FACILITY AT CURRA STATE FOREST...... 13 5/4 GYMPIE REGION HERITAGE TRAIL PROJECT AND PROPOSED OPENING DAY...... 19 5/5 REPRESENTATIONS FOR DEVELOPMENT APPROVAL FOR MATERIAL CHANGE OF USE – WAREHOUSE AND/OR GENERAL INDUSTRY AND RECONFIGURING A LOT – SUBDIVISION TO CREATE TWO (2) NEW LOTS FROM TWO (2) EXISTING LOTS AT 37 LANGTON ROAD, MONKLAND FOR K. DORMER ...... 23 5/6 2011-1842 – REPRESENTATIONS FOR MATERIAL CHANGE OF USE (GENERAL INDUSTRY – FACTORY AND ANCILLARY OFFICES) AND OPERATIONAL WORKS (STORMWATER, EARTHWORKS & LANDSCAPING) – LANGTON ROAD, MONKLAND – B. WOODFORD ...... 40 5/7 DEVELOPMENT APPLICATION FOR MATERIAL CHANGE OF USE – TO CHANGE THE LAND USE ENTITLEMENTS FROM THE RURAL ZONE TO THE HOUSING ZONE & RECONFIGURING A LOT – SUBDIVISION TO CREATE 207 ADDITIONAL LOTS OVER LOT 42 L371042 AT GROUNDWATER ROAD, SOUTHSIDE FOR SIGMA DEVELOPMENTS P/L...... 61 5/8 REPRESENTATIONS FOR DEVELOPMENT APPROVAL FOR MATERIAL CHANGE OF USE - GENERAL INDUSTRY (TRANSPORT DEPOT & MECHANICAL WORKSHOP) AT 30 ASCOT ROAD & 107 TIN CAN BAY ROAD, VICTORY HEIGHTS FOR MASONDALE ...... 73 5/9 DEVELOPMENT APPLICATION FOR MATERIAL CHANGE OF USE – SERVICE STATION AND SHOP AND ENVIRONMENTALLY RELEVANT ACTIVITY (ERA #8 CHEMICAL STORAGE) AT 1-5 WOOLGAR ROAD SOUTHSIDE FOR AHC LIMITED PTY LTD ...... 83 5/10 2011-0878 – REPRESENTATIONS FOR MATERIAL CHANGE OF USE – EXTRACTIVE INDUSTRY – SANDSTONE QUARRY < 3 000T A YEAR – 30 GARDNERS LANE, CURRA – CURRA COUNTRY SANDSTONE SUPPLIES ...... 103 5/11 DEVELOPMENT APPLICATION FOR MATERIAL CHANGE OF USE – GENERAL INDUSTRY (SERVICING & REPAIRS OF HEAVY VEHICLES - RURAL FARMING/MINING PLANT & EQUIPMENT) AND ENVIRONMENTALLY RELEVANT ACTIVITY (ERA #21 – MOTOR VEHICLE WORKSHOP) –) AT 64 TRAVESTON CROSSING ROAD KYBONG FOR RIVER JUNCTION QLD PTY LTD ...... 111 SECTION 6: SOCIAL WELLBEING ...... 127 6/1 LEASE TO GYMPIE & DISTRICTS NETBALL ASSOCIATION INC ...... 127 SECTION 7: ENVIRONMENT...... 131

SECTION 8: GOVERNANCE & ECONOMIC DEVELOPMENT ...... 132 8/1 DELEGATIONS REGISTER UPDATES ...... 132 9/3 ACQUISITION OF NATIVE TITLE RIGHTS FOR PURCHASE OF RESERVE LAND – GROUNDWATER ROAD, SOUTHSIDE ...... 149 9/4 ACCESS LICENCE AGREEMENT AT RAINBOW BEACH WATER RESERVOIR ...... 154

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SECTION 10: MAJOR PROJECTS & BUSINESS ACTIVITIES...... 158 10/1 LICENSE AGREEMENTS AT OLD TOZER PARK DEPOT...... 158 10/2 EXTENSION OF LEASE AREA – RECREATIONAL FLYING COMPANY PTY LTD ...... 162 SECTION 9: INFRASTRUCTURE ...... 166 9/1 CAPITAL WORKS PROGRAM – EEL CREEK ROAD SERVICE ROAD...... 166 9/2 FLOOD LINES ...... 169 SECTION 11: WASTE MANAGEMENT...... 174

SECTION 12: TOURISM & MARY VALLEY...... 174

SECTION 13: GENERAL BUSINESS ...... 174 8/2 PREFERRED SUPPLIER ARRANGEMENTS...... 175 8/3 REQUEST FOR FULL REBATE OF WATER CONSUMPTION CHARGES ...... 179 8/4 VARIOUS WATER CONSUMPTION ACCOUNTS ...... 181 8/5 REQUEST FOR LOST DISCOUNT ON RATES - VARIOUS ...... 182 8/6 REQUEST FOR REDUCTION IN RATES...... 183 8/7 REQUEST FOR REDUCTION IN INTEREST CHARGED ON RATES ...... 185 8/8 YEAR-END MANAGEMENT LETTER FOR YEAR ENDED 30 JUNE 2011 ...... 187 SECTION 14: IN COMMITTEE...... 188 14/1 REPORT ON OUTSTANDING SUNDRY DEBTORS ...... 190 14/2 SALE OF LAND FOR ARREARS OF RATES...... 191 SECTION 15: ATTACHMENTS...... 192

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The meeting commenced at 9:02 am.

PRESENT: Mayor Cr R.J. Dyne (Chairman), Cr A.J. Perrett, Cr M.W. Curran, Cr I.T. Petersen, Cr L.J. Friske, Cr R.A. Gâté, Cr M.A. McDonald, and Cr W.W. Sachs.

Also in attendance were Chief Executive Officer (Mr B.J. Smith), Director of Corporate Services (Mr Craig Manson), Director of Engineering Services (Mr Bob Fredman), Director of Planning & Development (Mr Mike Hartley), Director of Financial Services (Mrs Yvonne Oliver), Director of Community Services (Mr Michael Grant), Manager Development & Compliance (Mrs Tania Stenholm), Strategic Planning Officer (Mr Ric Halse) and Minutes Clerk (Mrs S Lowe).

DECLARATIONS OF INTEREST BY COUNCILLORS

SECTION 1: OPEN WITH PRAYER

Pastor Dean Comerford from Gympie Community Church offered a Prayer for the advancement of the Region and the true welfare of its people.

One Minute’s silence was observed for family and friends of deceased residents of the Region.

LEAVE OF ABSENCE

SECTION 2: APOLOGIES

M01/06/12 Moved: Cr R.A. Gâté Seconded: Cr W.W. Sachs

That the apology from Cr J.A. Walker be accepted.

Carried

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SECTION 3: CONFIRMATION OF MINUTES OF PREVIOUS GENERAL MEETING

M02/06/12 Moved: Cr M.W. Curran Seconded: Cr A.J. Perrett

That the Minutes of the Gympie Regional Council General Meeting held on 30 May 2012 be taken as read and confirmed.

Carried

SECTION 4: PETITIONS

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SECTION 5: PLANNING & DEVELOPMENT

5/1 Local heritage listing of 15 Caledonian Hill, Gympie

PORTFOLIO: Strategic Planning

DIRECTORATE: Planning and Development

AUTHOR: Ric Halse – Strategic Planning Officer

DOC ID: 1573215

LINK TO CORPORATE / OPERATIONAL PLAN:

Corporate Plan: Outcome 3.5 Operational Plan: 4.3 Strategic and Regional Planning

1. BACKGROUND & PREVIOUS COUNCIL CONSIDERATION

P17/04/09 – P&D Committee Meeting 1 April 2009

Recommend that Council advises property owners with queries regarding the Local Heritage Register that its intention is to review the three planning schemes it currently administers and draft a new planning scheme for the Gympie Regional Council area. During the review process Council will consider all of the issues raised by owners at the Local Heritage Register information night, and those raised generally through the statutory consultation period in determining appropriate provisions relating to the conservation of Gympie Region’s heritage places.

2. REPORT

2.1 INTRODUCTION

This report has been prepared in response to a letter received by Council on 03 May 2012 from the owner of 15 Caledonian Hill, Gympie. The letter relates to the process in which the said place was included on Schedule 1 – Identified Heritage Places of the 2005 Cooloola Shire Council Planning Scheme and more specifically contesting the process of removal from heritage listing.

2.2 SITE DESCRIPTION

The site in question is legally described as Lot 33 on G14716 and is located at 15 Caledonian Hill, Gympie. The local heritage listing of this site is through Schedule 1 of the 2005 Cooloola Planning Scheme and the Local Heritage Register.

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Historically, the site was erected in 1939 and was used for religious purposes. The site was previously known as the Salvation Army Temple but today is named Daze Done By and is used as an antique shop.

In reference to the Cooloola Shire Heritage Register Study undertaken by consultant Mark Baker in 2003 the site was deemed to be culturally significant for its historical importance.

According to the study, historical significance encompasses the history of aesthetics, science and society and to a large extent underlies all of the other cultural significance values. A place may be of historical significance because:

 it is important for its association with themes, events, developments or cultural phases which have had a significant role in the occupation, evolution or pattern of development of the community  it is an example of rare, endangered or uncommon aspects of the cultural heritage of the community  it has a strong association with the life or work of a person or group of people of significance to the community  it is an important representative of the range of places which make up the cultural heritage of a community  it has been influenced by a theme, event, phase or activity that was important in local history  it was the site of an event that was important in local history.

Fig 01: Photo of subject site when known as the Salvation Army Temple

2.3 HISTORY

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In 2003 during the process to develop the 2005 Cooloola Shire Planning Scheme, owners of properties being considered for local heritage listing were given the opportunity to object if they wrote to Council.

Records show that the owner of 15 Caledonian Hill did write to Council in December 2003 to object, however, 15 Caledonian Hill remained in Schedule 1 of the Planning Scheme. Subsequently, three years after the scheme was adopted the place was included in the Gympie Region Local Heritage Register.

In 2008-09 the former Strategic Planning Manager experienced a large volume of phone calls from the community concerned about heritage listings. To resolve this matter Council invited local heritage owners to attend a heritage forum to discuss the implications of heritage listing and the methodology Council used to determine the significance of a heritage place.

During the forum the owner of 15 Caledonian Hill again objected to the heritage listing of 15 Caledonian Hill and requested that the former Strategic Planning Manager locate the original objection. The former Manager did locate the original objection and as a result wrote (KAR/ZSE00320) to the owner of the subject site to advise of Council resolution P17/04/09 (see section one).

2.4 ACTION TAKEN TO DATE

More recently, the owner of the site visited Council and spoke with the Strategic Planning Officer about having the place removed from heritage listing. The officer explained the process to remove the place from the Local Heritage Register required a Council resolution followed by public notification, whereas removal from the Planning Scheme required a Council resolution but involved a complicated and drawn out process to amend the Planning Scheme. The officer went on to explain Council resolution (P17/04/09) seen in section one of this report, emphasising that to expedite the removal process it would be easier to wait for the new Gympie Region Planning Scheme public notification stage where Council could consider a formal submission, should the property be included in the new draft planning scheme.

The above conversation was reiterated through formal correspondence (ZSH0029) sent on 19 April 2012. As a result Council received a letter of from the owner on 03 May 2012.

3. BUDGET IMPLICATIONS

No budget implications to consider.

4. POLICY IMPLICATIONS

No policy implications to consider.

5. CONSULTATION

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Not required.

6. CONCLUSION

In conclusion, in spite of the property owner undertaking the appropriate procedures to not be included as a local heritage place, 15 Caledonian Hill remains in Schedule 1 of the Cooloola Planning Scheme. The amount of time it would take to remove the place from the existing scheme would be longer than waiting for the new scheme to advance to public notification stage.

With this being said, if the complainant did lodge a submission to not have 15 Caledonian Hill heritage listed, assuming the place is in the new scheme, there is no guarantee that Council would decide to uphold the submission.

7. ATTACHMENTS:

Nil.

M03/06/12 Moved: Cr I.T. Petersen Seconded: Cr M.A. McDonald

That Council write to the owner of 15 Caledonian Hill reiterating the process for making a formal submission during the public notification stage of the new Gympie Region Planning Scheme.

Carried

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5/2 Application for Renewal of Term Lease 0/220753 – Lot 51 on SP159635

PORTFOLIO: Strategic Planning

DIRECTORATE: Planning and Development

AUTHOR: Ric Halse – Strategic Planning Officer

DOC ID: 1574851

LINK TO CORPORATE / OPERATIONAL PLAN:

Corporate Plan: Outcome 2.1 Operational Plan: 4.3 (iii) Strategic Planning

1. BACKGROUND & PREVIOUS COUNCIL CONSIDERATION

No previous Council considerations.

2. REPORT

2.1 Introduction

This report has been prepared as a result of the correspondence received from the Department of Natural Resources and Mines (DNRM) regarding an application for the renewal of a term lease over Lot 51 on SP159636 located at Anderleigh. The proposed use of the term lease area is for a community purpose namely rural fire brigade fire station.

The department seeks information from Council on its views or requirements regarding use of the land including any local non- indigenous cultural heritage values or if a different form of tenure may be considered a more appropriate.

2.2 Site description

The subject site has an existing rural fire brigade fire station. A picture of the existing fire station can be seen in figure (01) one below.

The site is not affected by local non-indigenous cultural heritage.

In accordance with the 2005 Tiaro Planning Scheme the site is zoned rural.

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Fig 01: Aerial overview of Lot 51 on SP159635 showing the existing fire station

3. BUDGET IMPLICATIONS

No budget implications to consider.

4. POLICY IMPLICATIONS

No policy implications to consider.

5. CONSULTATION

Corporate Services

Corporate Services offers no objections to the proposed lease renewal and recommends that the existing lease arrangement is retained.

6. CONCLUSION

In conclusion, the subject site is not affected by local non-indigenous cultural heritage and there are no views or requirements that Council could impose on the term lease area. Finally, as reported by Corporate Services the existing lease arrangement is appropriate and should be retained.

7. ATTACHMENTS:

Nil

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M04/06/12 Moved: Cr L.J. Friske Seconded: Cr R.A. Gâté

That Council write to the Department of Natural Resource and Mines to advise that no objection is offered to the renewal of Term Lease 0/220753 over Lot 51 on SP159635 for the purpose of a rural fire brigade fire station.

Furthermore, the department be advised as follows:

 Lot 51 on SP159635 is not affected by local non-indigenous cultural heritage values;  Council has no views or requirements that could be imposed on the renewal application; and  The existing lease arrangement is appropriate and should be retained.

Carried

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5/3 Proposed Regional Shooting Facility at Curra State Forest

PORTFOLIO: Recreation Planning

DIRECTORATE: Planning and Development

AUTHOR: Ric Halse – Strategic Planning Officer

DOC ID: N/A

LINK TO CORPORATE / OPERATIONAL PLAN:

Corporate Plan: Outcome 4.2

Operational Plan: 4.3 Strategic and Regional Planning

1. BACKGROUND & PREVIOUS COUNCIL CONSIDERATION

P03/03/12

That Council endorse the action taken by Strategic Planning to write a letter of appreciation to the Liberal National Party Shadow Ministers, Andrew Powell MP, Jack Dempsey MP and David Gibson MP for the deputation held on 01 December 2011.

P17/10/11

That Council Seek deputation with the LNP regarding the development of a regional shooting facility at Curra State Forest, and furthermore recommend that the deputation includes representatives from the SRPCC and the local member for Gympie, Mr. David Gibson.

F05/02/11

That the Mayor make representations to the relevant State Minister to further progress the matter of the proposed Regional Shooting Facility in the Curra State Forrest, described as Lot 700 on FTY1491.

2. REPORT

2.1 HISTORY

For the past twelve (12) years, a conglomerate of local gun clubs called the Cooloola Range Complex Association Inc. (the Association), has sought to relocate to one central location to develop a regional shooting facility. The aim of developing a regional shooting facility besides securing a permanent home is to create a "world’s best practice" facility

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to cater for Zone, Inter-Zone, State, National and Olympic Qualifying Events.

Numerous locations have been investigated for a suitable site to develop a regional shooting facility, with part of Curra State Forest considered the most appropriate site. Throughout the twelve year period the Association has been unsuccessful in acquiring use of the land at Curra. To date, the Association has undertaken the following actions:

 Deputation with Minister Desley Boyle in 2001;  Preparation of a site report and conceptual design;  Obtaining support from the Qld Police Weapons Branch and the Qld Shooters Association; and  Numerous meetings with Councillors and Council staff.

Council has been supportive of the concept of developing a regional shooting facility in the region to secure a permanent home for shooting sports, and it is acknowledged that if shooting clubs were to relocate to a location away from the urban centre, this would provide longevity to local and regional shooting disciplines. In a show of support for the proposed regional shooting facility, Council has undertaken the following actions:

 Sought advice from the Queensland Parks and Wildlife Service and the Department of Environment and Resource Management.  Deputation in October 2011 with the Labour State Government Environment Minister, Vicky Darling, involving the Mayor, CEO and Sunshine Coast Mayor.  Deputation in December 2011 with Liberal National Party (then) Shadow Ministers Andrew Powell, David Gibson and Jack Dempsey involving Councillors Friske, Petersen and Watt.

Advice given to Council confirmed that the Forestry Act of 1959 prohibited shooting activities and the issuance of a recreation lease in a State forest. The only option for Council was to purchase the site in question or to perform a land swap. To perform a land swap the requirement was to swap five (5) times the land being sought, or swap land with higher environmental significance at the same rate as the land being sought. All of the options presented to Council were considered to be unfeasible.

Following the deputation in October 2011 with the State Government, Minister Darling’s office sent Council a list of twelve (12) sites it considered suitable to develop a shooting facility. After examination by Council officers it was considered that only one site at Wooloolga would meet the requirements, however, upon closer inspection the site was inaccessible and did not allow for future expansion.

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2.2 SITE DESCRIPTION

Fig 01: Aerial overview of site with proposed Bruce Hwy in Black

Fig 02: Cadastral overview of site with Bruce Hwy Bypass in Black

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2.3 NEED FOR A REGIONAL SHOOTING FACILITY   The need for a regional shooting facility in Wide Bay Burnett (WBB), more specifically the Gympie Region, has been identified in numerous strategic and regional planning documents.  The Councils of WBB and South East Queensland (SEQ) have identified the Gympie Region as the preferred location for a regional facility for shooting sports.  Local Government acknowledges and recognises the responsibilities it has for the provision of local sporting facilities.  At present the various shooting disciplines are dispersed across the region. Ideally it would be financially and administratively efficient if all local gun clubs were housed in a central location.

2.4 SHOOTING CLUBS IN WIDE BAY BURNETT AND SUNSHINE COAST

 Gympie Regional Council currently has four (4) shooting clubs requiring relocation.  There are a total of twenty-eight (28) licensed shooting clubs in the WBB region of which eight (8) reside in the Gympie Region.  Shooting disciplines include clay target, pistol, silhouette, long and short bore and archery to name a few.  There are approximately 15,000 registered firearm owners in the WBB region alone.  One of the activities in the Gympie Region with the largest participation includes shooting sports.  The largest shooting facility in the WBB region is located at Fraser Coast Shooting Complex and is at capacity and under threat from a mining proposal.  Fraser Coast and Sunshine Coast are each seeking suitable land to relocate local gun clubs.

2.5 PLANNING FOR A REGIONAL SHOOTING FACILITY

As mentioned is section 2.1 of this report, the Association has undertaken its own site report and conceptual designs. The Association allowed for 600 hectares of land to accommodate a shooting facility. This would facilitate12 different shooting disciplines.

Council has previously considered the Association’s proposal through an internal sub-committee and determined that 600 hectares was too extensive to begin with and that it would be preferable to start with a smaller figure of 100 hectares, thus allowing the project to be staged and to determine if it is viable to further develop the site. If the first stage is deemed successful, Council would have a strong case to seek more land from the State Government to accommodate the remaining shooting disciplines.

Work has been undertaken by Strategic Planning and Design Services, in consultation with the former Sport, Recreation and Parks Coordinating Committee, to develop a proposed site plan. The site plan seen below in figure 3 shows a total footprint of 100 hectares, mostly Gympie Regional Council Ordinary Meeting 13 June 2012 17

accounting for the ‘buffer zone’ and a shooting template area of approximately 4 hectares. Access to the site is shown from Tallowood Ct.

Fig 03: Proposed site plan for development of regional shooting facility

2.6 WHERE TO FROM HERE?

Despite all of the work by the Association and Council to secure use of the land at Curra, the State Government is yet to provide any guarantees, however, with a change of State Government, Council may now get a better hearing given that Councillors had a good hearing in December 2011 from the then Shadow Ministers Dempsey, Powell and Gibson.

For Council to be able to progress to a detailed planning phase, in- principle support must be obtained from the State. Without the State’s in-principle support to use part of Curra Forest any future planning will be in vain.

It is considered that the next course of action should be a three step process. First, consult with the Association on the site plan identified in figure 3 to gain their support for the concept. Second, Council officially endorse the new site plan, and third, seek a deputation with the Liberal National Party to obtain in-principle support for the concept plan and use of the land at Curra Forest for the purpose of shooting activities.

3. BUDGET IMPLICATIONS

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No budget implications to consider at this stage of the project.

4. POLICY IMPLICATIONS

No policy implications to consider at the planning stage of the project.

5. CONSULTATION

 Consultation has occurred with Design Services, Strategic Planning and the former Sport, Recreation and Parks Coordinating Committee to develop the site plan in figure 3.  Further consultation should be sought with the Association in relation to the new site plan.  If granted approval by the State, consultation should occur with surrounding landholders of the subject site.

6. CONCLUSION

Support from the Government to establish a shooting facility at Curra Forest is essential if a significant proportion of Queensland’s shooting sports population is to have access to such a facility.

Without support from the State Government to develop at Curra Forest, Council needs to revaluate its position in continuing to support the Curra Forest as an option and start to look at alternative solutions.

7. ATTACHMENTS

Nil

M05/06/12 Moved: Cr I.T. Petersen Seconded: Cr L.J. Friske

That Council:

1. Note that Councillor R.A. Gâté, Cr L.J. Friske and Strategic Planning Officer will consult with Cooloola Range Complex Association Inc. regarding the new site plan as seen in figure 3 of this report;

2. Endorse the new site plan after consultation with the Cooloola Range Complex Association Inc.; and

3. Authorise the Mayor, Councillor R.A. Gâté, Cr I.T. Petersen and Cr L.J. Friske to seek a deputation with the Minister for Sport & Recreation to obtain in-principle support for the new site plan and use of the Curra Forest for the purpose of a regional shooting facility. Further that the Local Member for Gympie Mr David Gibson be also invited to attend.

Carried

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5/4 Gympie Region Heritage Trail Project and Proposed Opening Day

PORTFOLIO: Cultural Services

DIRECTORATE: Planning and Development

AUTHOR: Ric Halse – Strategic Planning Officer

DOC ID: N/A

LINK TO CORPORATE / OPERATIONAL PLAN:

CORPORATE PLAN: Outcome 3.5

OPERATIONAL PLAN: 3.3 (ii) Community Complexes

1. BACKGROUND & PREVIOUS COUNCIL CONSIDERATION

P05/07/11

Collaborate with Gympie Cooloola Tourism to promote the heritage of the Gympie Region, by developing a website, independent of Council’s own website, and to develop new heritage brochures for tourism purposes.

2. REPORT

2.1 INTRODUCTION

Council was successful in its grant application to receive ten thousand dollars ($10,000) from the State Government funding program, Building Rural Communities Fund, which was administered by the former Department of Employment, Economic Development and Innovation (DEEDI). The project for which Council applied for funding was an ‘Interactive Heritage Trail for the Gympie Region’.

As part of the funding agreement, Council was to develop interpretive signs for culturally significant places, create a website and hard copy brochures about the heritage trail, and to partner with not-for-profit organisations to help develop the project. In relation to the latter Council partnered with Gympie Cooloola Tourism and Gympie Friends of the Library.

Council has until 30 June 2012 to acquit the funding.

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2.2 DETAILS OF THE PROJECT

The first stage of the project focuses primarily on twenty-three (23) State heritage listed places within the Gympie Region and involves the installation of interpretive signage to provide information about a site and its history. An innovative addition to the sign is a Quick Response Code, commonly referred to as a QR Code, which is designed to be read by Smartphones and will link the user of the trail directly to the Gympie Region Heritage Trail website. The website has been designed to provide the trail user with a photo gallery of the place they are visiting and also enable the user, and more broadly the Gympie Regional community, to tell their story and share their experience about a place on the trail. Accompanying the website will be the traditional hardcopy brochure displaying maps of how to locate heritage places and details on how to utilise the website and QR Codes. Fig 01: Example of QR Code

The overall aim of the project is to inform the community about the past and help to give people a sense of connectedness to the region. It will help tour operators and locals to better inform people and visitors of a place and its history, and give the community a sense of ownership over the heritage place, in turn encouraging the community to be more active in the conservation and preservation of its heritage places.

Fig 02: Gympie Region Heritage Trail website header

2.3 PLACES FOR STAGE ONE OF THE PROJECT

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The twenty-three places forming the first stage of the project covers all areas of the Gympie Region and includes iconic buildings such as Andrew Fisher’s Cottage located at the Gympie Gold Mining Museum, Gympie Regional Council Chambers, the Elgin Vale Sawmill, the Goomeri Hall of Memory and Goomeri War Memorial Clock and Gympie and Widgee War Memorial Gates.

The Gympie Courthouse and Land Office, Gympie School of Arts, Dickabram Bridge at Miva, Memorial Park which contains the popular Bandstand Rotunda, the Mount Clara Smelter at Kilkivan, the Old Post Office in Duke Street Gympie, the No. 01 Scottish Mine Site are also included. Other iconic and recognisable buildings and sites listed in the first stage of the project include the Old Bank Building (corner of Nash and Channon St), Traveston Powder Magazine, Wodonga House, Double Island Point Lighthouse, Tozer Railway Station, Imbil Railway Bridge, Mary Valley Cream Sheds, Gympie Town Hall and Bullock Point Jetty.

2.4 PLACES FOR STAGE TWO OF THE PROJECT

Places for stage two of the project will be by a self nomination process via an expression of interest form available on the Gympie Region Heritage Trail website. Owners of places with cultural heritage significance who wish to be part of the heritage trail can submit a nomination form but must include accurate historical research, photos and stories about the place. Without supporting information, a place will not be considered for inclusion on the trail.

2.5 OPENING DAY OF GYMPIE REGION HERITAGE TRAIL

As the project is nearing its completion an opening day to celebrate this achievement is appropriate. The date proposed for the opening day is 15 July 2012 at Memorial Park. This is to coincide with the monthly ‘Bands in the Rotunda’ which is held on the third Sunday of each week.

It is proposed that the Mayor and Cr Julie Walker jointly open the project.

Dignitaries Council may wish to consider inviting to the opening day are Local MP David Gibson and the responsible Minister for the Building Rural Communities Funding program.

Subject to Council endorsing the proposed opening day date, promotion of the event will be undertaken.

3. BUDGET IMPLICATIONS

Budget for opening day has been arranged.

4. POLICY IMPLICATIONS

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No policy implication to be considered.

5. CONSULTATION

Consultation has occurred with the Heritage Advisory Committee, the Gympie Regional Library and Gympie Regional Art Gallery.

6. CONCLUSION

In conclusion, it is recommended that Council acknowledges the work to-date on the Gympie Region Heritage Trail and furthermore endorse the opening day event proposed for 15 July 2012 at Memorial Park.

7. ATTACHMENTS

ATTACHMENT 1 - Twenty-three (23) Gympie Region Heritage Trail Interpretive Signs;

M06/06/12 Moved: Cr R.A. Gâté Seconded: Cr W.W. Sachs

That Council:

1. Endorse the opening day for the Gympie Region Heritage Trail for the 15 July 2012 at Memorial Park; 2. Nominate the Mayor and Cr Julie Walker to jointly open the project; and 3. Write to Local MP David Gibson and the responsible Minister for the Building Rural Communities Fund inviting them to attend the opening day.

Carried

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5/5 Representations for Development Approval for Material Change of Use – Warehouse and/or General Industry and Reconfiguring a Lot – Subdivision to Create Two (2) New Lots from Two (2) Existing Lots at 37 Langton Road, Monkland for K. Dormer

PORTFOLIO: Planning and Development (Statutory Planning)

DIRECTORATE: Planning and Development

AUTHOR: Director of Planning and Development – M. Hartley Manager Development and Compliance – T.M. Stenholm Civil Engineer Design Services – BJ Garrad

DOC ID: 2012-0325

LINK TO CORPORATE / OPERATIONAL PLAN:

Operational Plan – Program 4 - Planning and Development, 4.1 (ii) Applications

1. BACKGROUND & PREVIOUS COUNCIL CONSIDERATION

Development approval for a Warehouse and/or General Industry was approved under delegated authority from Council on 3 May 2012.

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The applicant subsequently suspended their appeal period and lodged representations in relation to conditions of the approval.

Some of the representations can be addressed by staff, however Council’s decision is requested for those outlined in the report.

2. REPORT

2.1 Conditions

2.1.1 Conditions 1.8 and 1.9 (Reconfiguring a Lot)

(a) Conditions 1.8 and 1.9 read:

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‘1.8 Street lighting is to be provided to Langton Road in accordance with current Australian Standards/New Zealand Standards for Street Lighting and Equipment Design and Council’s Infrastructure Works Code. The subject road/street is classified as an Industrial Local street for the purposes of designing the system/category of lighting required. The developer is responsible for payment for the first 12 months electricity for the lighting system.

1.9 Langton Road is to be upgraded. Specifically the following works are to be undertaken in accordance with plans and specifications approved by Council’s Chief Executive Officer: (a) Road widening with kerb and channel and associated drainage to create half road width of six (6) metres from the existing centerline for the full frontage of lots 50 and 51. The pavement is to be tapered at both end of the widened pavement in accordance with Austroads standards.’

(b) Applicant’s representations:

‘. . during pre-application meetings regarding this site and our proposals it was mentioned by council that there would be a need for some road widening it was stated between 1 to 1.5 metres would be required, this we accept and are happy to do. It was also stated that the requirement for a footpath would be removed from the conditions, so to find out when we get the application approved that council are looking for a minimum of 3 metres of road widening street lights paid for and electricity costs to run for 12 months is totally unacceptable and was never discussed at any pre app meeting. We are prepared to widen the road up to 1.5 metres including kerbing and channel and provide street lights to Australian standards but feel this is where our responsibility finishes. Unfortunately we live in the real world where money does not grow on trees and because of council changes along the way our budget has already long since blown out, we have already had two quotes for the kerb/channel and pavement widening in the region of $65k’

It is not expected that a pre-application meeting would supply all the parameters necessary for the design of the various elements of a development but it is noted that road widening was mentioned by Council staff at the pre-application meeting. It is the applicant’s responsibility to reference the Planning Scheme Policies to determine the required design parameters.

It is worth mentioning the principles and parameters used in Queensland Streets (this is the design guide used by Gympie Regional Council as cited in Planning Scheme Policy 8: Infrastructure Works) to determine the width of Industrial Streets:

Principle from Queensland Streets Chapter 9.2:

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“Design must provide satisfactorily for: moving vehicles, access to/from allotments, and on-street parking”

Queensland Streets Chapter 9.6, Parking: “Industrial estates show a general high demand for on street parking”. “Hence a parking lane should in general be provided on both sides of all industrial estates.”

Exceptions:  “Adjacent to open space areas of considerable extent; and  Adjacent to very large industrial sites where buildings are set well back, a high level of on-site parking is provided and the boundary is security fenced; and  At sharp bends where parking may be deleted to improve sight distance.”

Queensland Streets Chapter 9.7, Lane Widths states the lane/parking provision for industrial streets: “… the standard lane provision for all industrial streets is two moving lanes, with a parking lane on each side.” “Given the high percentage of heavy vehicles and frequent turning movements to access properties, the recommended width for moving lanes is – all streets – 3.5m.”

Recommended parking lane widths are: 2.5m – Access Streets. 3.5m Collector Streets The reasons given for the recommended parking widths are to:

 “Minimise the “friction” of parked vehicles on moving traffic;  Assist turning into allotment driveways without crossing the carriageway centreline;  Provide sufficient width for an auxiliary turning lane at intersections, without additional carriageway widening;  Provide width for cyclists on the carriageway when a cycle path is not provided.”

This compares to an Industrial Local street from the Cooloola Shire Planning Scheme Policy 8 Table 8:2.

Given the design principles and parameters outlined above it would create a dangerous precedent for any particular applicant to be allowed a lower standard of design than that of Council’s Planning Scheme Policies. Gympie’s industrial streets would not achieve acceptable widths for safe travel for all road users as future applicants could use the same arguments as the applicant.

The only alternative that would result in a 12 metre carriageway width would be for the applicant to provide 1.5 metre (minimum practical construction width) widening with kerb and channel and associated drainage works to the side of Langton Road closest the development and pay a contribution towards future widening by 1.0 metres on the other side of Langton Road.

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If Council decides to apply this alternative the contribution needed to provide the 1.0 metre widening to the opposite side of Langton Road would be $36,500. This work would be done sometime in the future, most logically in conjunction with development on that side of Langton Road.

The exact alignment of Langton Road will be determined when the applicant submits operational works plans for the road works. Council staff will assess the road alignment design at this stage and condition any changes to the alignment necessary to achieve a smooth alignment between Langton Road west of the development and the development frontage.

It is to be noted that for the application by Allen-Co (DA8988) to create additional industrial lots on Langton Road, Council required Langton Road to be widened by 2.5 metres to create a lane width of 6 metres with kerb and channel i.e. overall road width of 12 metres.

Condition 2.9 should therefore either stand as it is or Council may wish to allow the alternative of 1.5 metre widening with kerb and channel to the side of Langton Road closest the development and a contribution of $36,500 for the future widening of 1.0 metres on the other side of Langton Road.

Condition 1.8: The requirement for the applicant to pay the first twelve months electricity for the lighting system is a requirement of the Cooloola Shire Planning Scheme Policy 8 and has been charged on development for many years. Depending on a lighting design, it is expected this cost to range from $200-$300 i.e. $100 per light.

2.1.2 Condition 1.6 (Material Change of Use)

(a) Condition 1.6 reads:

‘1.6 Infrastructure charges are payable as follows:

Infrastructure Item Equivalent Units Current Amount Water Headworks 30.184ep $34 404 Sewerage Headworks 34.992ep $62 337 Urban Roads 2.412vte $859 TOTAL $97 600

but will be subject to indexation annually on 1 July.

(b) Applicant’s representations:

‘Infrastructure Charges – we feel these charges are extortionate and unacceptable and would like you to note that this building should be classified as general industry and there will be an element of storage involved. Staff levels are small . . . Please note we already have water and sewerage to this site. Please note the development application adjoining ours ref 2011/1842SFC/JEP1221 has been

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levied with much smaller charges of circa $17,000 as opposed to ours at circa $97,000 for a very similar sized building to our proposal. Please note that there has been no urban road charge to this application so please could you also remove this to bring this application in line with other applications. We are trying to build a business in Gympie and with the current market conditions and uncertainty you’ll be suspending developments such as ours in the Gympie region which in turn takes away employment to the Gympie region.’

The applicant’s immediate intentions for the land are to establish a warehouse business importing goods/equipment for distribution. To allow for future reuse of the site the application also incorporated ‘general industry’.

In calculating headworks contributions for the development, the higher rate of the two (2) definitions would ordinarily apply, in this case being the ‘warehouse’.

Rates for a warehouse are levied by Council’s Policy as:

Water – 1.7ep/100m2 net area Sewerage – 2.1ep/100m2 net area

However, rates for general industry are applied on a per lot basis at 5.0 and 6.0ep for water and sewerage respectively.

This being the case, the water and sewerage headwork’s contributions for a warehouse are considerably more that those for a general industry. The rationale for this is not clear and the original report that formulated the Policy, dated 1999, does not provide any clarification for it.

It is suggested the loading posed on water and sewerage infrastructure by a warehouse is not greater than a general industry and that the latter of these should apply to the approved development.

On this basis, and taking into account existing credits over the site, the contributions could be recalculated as:

Water headworks = 5.0ep – 3.0ep (credit for existing dwelling) = 2.0ep = $2 431. Sewerage headworks = 6.0ep – 6.0ep (credit for sewerage augmentation previously paid) = Nil.

The road contribution for a warehouse is the same as general industry, however based on initial combined contribution amounts marginally exceeding the capped rates introduced by the State Government through State Planning Regulatory Provision (Infrastructure Charges), each contribution was proportionally

Gympie Regional Council Ordinary Meeting 13 June 2012 38

reduced to result in amount equivalent to the cap. With the water and sewerage contributions now being recommended for amendment, the road contribution should revert back to the original calculated amount under Council’s Policy, being $915.

Total contributions could therefore equate to:

Infrastructure Item Equivalent Units Current Amount Water Headworks 2.0ep $2 431 Urban Roads 2.412vte $915 TOTAL $3 346

3. BUDGET IMPLICATIONS

Should Council agree to an alternative standard for Langton Road, future upgrading will need to be funded by Council.

4. POLICY IMPLICATIONS

The request to vary the road widening requirements is not consistent with Planning Scheme Policy 8: Infrastructure Works and sufficient grounds are not considered to exist to justify a variation of this Policy. The recommended alternative, that the applicant pay a contribution towards future widening on the opposite side of the development site is considered an acceptable alternative.

Planning Scheme Policy 7, in regards to the application of headworks contributions for ‘Warehouse’ developments appears flawed and should be reviewed for consistency with other industrial uses.

5. CONSULTATION

5.1 Internal

(a) Engineering Directorate

5.2 External Nil

6. CONCLUSION

Representations in regards to an approved Warehouse and/or General Industry have been reviewed and it is considered appropriate to vary the conditions in regards to frontage road upgrading and headworks contributions.

7. ATTACHMENTS: Nil.

Gympie Regional Council Ordinary Meeting 13 June 2012 39

M07/06/12 Moved: Cr I.T. Petersen Seconded: Cr M.A. McDonald

That in relation to development application (2012-0325) for Material Change of Use – Warehouse and/or General Industry located at 37 Langton Road, Monkland Council issue a Negotiated Decision Notice that includes the following:

(i) condition 1.8 to remain;

(ii) condition 1.9 to be amended to read:

Langton Road is to be upgraded. Specifically the following works are to be undertaken in accordance with plans and specifications approved by Council’s Chief Executive Officer: (a) Road widening of 1.5 metres with kerb and channel and associated drainage for the full frontage of lots 50 and 51. The pavement is to be tapered at both end of the widened pavement in accordance with Austroads standards.’

(iii) New condition to be added:

‘A contribution of $36 500 (subject to indexation annually from the date of this approval) is to be paid towards one (1) metre road widening of Langton Road on the opposite side of the development site.’

(iv) Condition 1.6 to be amended to read:

Infrastructure charges are payable as follows:

Infrastructure Item Equivalent Units Current Amount Water Headworks 2.0ep $2 431 Urban Roads 2.412vte $915 TOTAL $3 346

but will be subject to indexation annually on 1 July.

Carried

Gympie Regional Council Ordinary Meeting 13 June 2012 40

5/6 2011-1842 – Representations for Material Change of Use (General Industry – Factory and Ancillary Offices) and Operational Works (Stormwater, Earthworks & Landscaping) – Langton Road, Monkland – B. Woodford

PORTFOLIO: Planning and Development

DIRECTORATE: Planning and Development

AUTHOR: Director of Planning and Development – M. Hartley Planning Officer - S. Court Civil Engineer Design Services – B. Garrad

DOC ID: 2011-1842

LINK TO CORPORATE / OPERATIONAL PLAN:

Operational Plan – Program 4 - Planning and Development, 4.1 (ii) Applications

1. BACKGROUND & PREVIOUS COUNCIL CONSIDERATION

Development approval for a General Industry (Factory and Ancillary Offices) and Operational Works (Stormwater, Earthworks and Landscaping) was approved under delegated authority from Council on 12 April 2012.

The site is adjacent to development application 2012-0325 for Dormer which is also discussed in this Agenda.

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Approved Plans: Gympie Regional Council Ordinary Meeting 13 June 2012 42

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The applicant subsequently suspended their appeal period and lodged representations in relation to conditions of the approval.

Some of the representations can be addressed by staff, however Council’s decision is requested for those outlined in the report.

2 REPORT

2.1 Condition 1.12 and 1.13

(a) Condition 1.12 reads:

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‘Contribution is to be made towards Water Supply Headworks in accordance with Council’s Planning Scheme Policy 7: Water Supply and Sewerage Headworks Contributions, Works External and Works Internal. The contribution is currently assessed at $6 079, however, the actual amount payable will be based on Council's policy and the rate applicable, at the time of payment.’

Condition 1.13 reads:

‘Contribution is to be made towards Sewerage Headworks in accordance with Council’s Planning Scheme Policy 7: Water Supply and Sewerage Headworks Contributions, Works External and Works Internal. The contribution is currently assessed at $11 399, however the actual amount payable will be based on Council's policy and the rate applicable, at the time of payment.’

(b) Applicant’s representations:

‘Condition No. 1.12 and 1.13 refers to headworks. Please note that this is an industrial site and incurs very little usage of water and sewer. We ask that we get a reduction in the fees due to this. Please note that our business is going through a very difficult period where we are trying to ‘lure’ work in an increasing competitive environment – we are facing competition from many parts and imported products from outside of Australia. Whilst we are committed to try and expand in view of establishing some repute in the industry, we are up against much larger players and we need assistance in these things in view of helping the community of Gympie.’

The water and sewerage headwork contributions are placed on all developments as a result of Planning Scheme Policy 7 – Water Supply and Sewerage Contributions, Works External and Works Internal.

The headworks are based on the Equivalent Persons (EP) allocated for a General Industry, being:

Water: 5.0ep x 1 Lot = 5.0ep 5.0ep x $1215.80 (EP charge for 01/07/11 – 30/06/12) $6 079

Sewerage: 6.0ep x 1 Lot = 6.0ep 6.0ep x $1899.94 (EP charge for 01/07/11 – 30/06/12) $11 399

No credits apply to the development given it is a vacant site.

These conditions are imposed on all developments as a result of Planning Scheme Policy 7 and therefore are a standard policy requirement. They are not considered to be excessive for the development proposed.

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Therefore, reduction or deletion of the contributions is not recommended.

2.2 Condition 2.9 and 2.10

(a) Condition 2.9 reads:

‘Council requires road widening at no cost to Council. The extent of widening is to be determined at the detailed design stage.’

Condition 2.10 reads:

‘Langton Road is to be widened with kerb and channel to half road width of 6 metres from the existing centerline. The widening and kerb and channel is to be constructed from the Ettie Jane Street intersection with Langton Road for the full length of the Langton Road frontage. The widening and kerb and channel is to be constructed on the side of Langton Road nearest the development site. The pavement taper at the eastern end of the widened pavement is to be design in accordance with current Austroads standards.’

(b) Applicant’s representations:

‘Condition No. 2.9 and 2.10 refers to Langton Road being widened with kerb and channel. The kerb and channel is not being disputed. There was no mention of any width at the pre-application meeting. The width assumed was so as to provide say 1.0m of bitumen at the upper end of Langton Road. The road coming from the new Melco along towards us lines up so it is rather odd isn’t it to have the road veer over sideways? The road that is there is not in the centre of the property boundaries from one side of the road to the other and so it is the other side which need the main widening. Please refer to point No. 10 on this letter.’

The applicant objects to the extent of road widening required by Council, he argues that:

 the extent of road widening was not detailed at the pre-application meeting held 17 October 2011 and he assumed that the widening would be in the order of 1 metre;  the current road is not in the centre of the road reserve and that it would be more appropriate to widen Langton Road on the side opposite the development;  Langton Road to the west of the development lines up with the current road alignment past the development and therefore widening to the side of the road next to the development would cause the road alignment to “veer over sideways”.

In response to these points:

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At a meeting with Council’s CEO, Mayor and others the applicant presented a quote obtained by Mr Dormer (owner of adjoining land) from Council for road upgrading of the frontage of the site. The quote was obtained in 2010, when Council was selling the land, and estimates a cost of $136 000 for the work.

Principle from Queensland Streets Chapter 9.2: “Design must provide satisfactorily for: moving vehicles, access to/from allotments, and on-street parking.”

Recommended parking lane widths are: 2.5m – Access Streets. 3.5m Collector Streets

The reasons given for the recommended parking widths are to:

 “Minimise the “friction” of parked vehicles on moving traffic;  Assist turning into allotment driveways without crossing the carriageway centreline;

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 Provide sufficient width for an auxiliary turning lane at intersections, without additional carriageway widening;  Provide width for cyclists on the carriageway when a cycle path is not provided.”

This compares to an Industrial Local street from the Cooloola Shire Planning Scheme Policy 8 Table 8:2.

Given the design principles and parameters outlined above it would create a dangerous precedent for any particular applicant to be allowed a lower standard of design than that of Council’s Planning Scheme Policies. Gympie’s industrial streets would not achieve acceptable widths as future applicants could use the same arguments as the applicant.

The only alternative that would result in a 12 metre carriageway width would be for the applicant to provide 1.5 metre widening (minimum practical construction width) with kerb and channel and associated drainage works to the side of Langton Road closest the development and pay a contribution towards future widening by 1.0 metres on the other side of Langton Road.

If Council decides to apply this alternative the contribution needed to provide the 1.0 metre widening to the opposite side of Langton Road would be $66,000. This work would be done sometime in the future, most logically in conjunction with development on that side of Langton Road.

Condition 2.9 should therefore either stand as it is or be amended to allow the alternative of 1 metre widening with kerb and channel to the side of Langton Road closest the development and a contribution of $66,000 for the future widening of 1.0 metres on the other side of Langton Road.

Condition 2.9 could be deleted given that it is covered by condition 2.19.

2.3 Condition 2.13 and 2.14

(a) Condition 2.13 reads:

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‘The method of treatment of stormwater runoff from and through the site shall be designed and constructed in accordance with Council’s Infrastructure Works Code.’

Condition 2.14 reads:

‘Prior to the commencement of works on site a properly prepared Stormwater Plan in accordance with Council’s Planning Scheme Policy 8 – Infrastructure Works and State Planning Policy 4/10: Healthy Waters is to be submitted to and approved by Council’s Chief Executive Officer.’

(b) Applicant’s representations:

‘Condition No. 2.13 and 2.14 refer to stormwater off the site. In response to this condition, we propose to use a gross pollutant trap at each stormwater grate in the yard. This will maintain water quality. We are not a hazardous industry.’

The stormwater design for the development is to be designed in accordance with State Planning Policy 4/10 Healthy Waters (SPP 4/10) because it involves greater than 2500 square metres of land as detailed in Item 2.7 (a) of SPP 4/10.

The applicant proposed to use gross pollutant traps at each stormwater inlet on-site. The applicant’s RPEQ will need to certify that this proposal will meet the requirements of SPP 4/10. The Council does not have discretion to remove this condition.

Conditions 2.13 and 2.14 should remain.

2.4 Condition 2.19

(a) Condition 2.19 reads:

‘At locations where the widened road formation is less than 4 metres from the property boundary, road reserve widening is to be surveyed and opened as road reserve to ensure the kerb and channel on the widened pavement is no closer than 4 metres to the resurveyed road boundary.’

(b) Applicant’s representations:

‘Condition No. 2.19 refers to widened road formation being 4 metres from the property boundary with the suggestion of property resumption!!?? THIS CONDITION IS HEAVILY DISPUTED. There is plenty of width to the other side of the bitumen strip which is called Langton Road at the moment. We CANNOT afford to give up property in this manner.’

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The applicant disputes Condition 2.19 which requires that 4 metres verge width be maintained along the Langton Road frontage following road widening. He argues that “there is plenty of width “on the other side of the road and the applicant “cannot afford to give up property in this manner.”

The reason this condition was imposed is to provide verge width as detailed in Table 8.2 of PSP8. During assessment of the application it was realised that the verge width would be less than 4 metres once widening of the pavement was implemented and that to achieve the verge width of 4 metres some of the applicants lot (between approximately 120 and 150 square metres) would have to be surveyed and opened as road reserve.

This represents 1% to 1.5% of the total lot area of 12,210 square metres.

If Council decides to allow 1.5 metres widening only on the Langton Road frontage, the requirement for land to be dedicated as road reserve would be less but may still need to occur to provide the 4 metres verge width.

For these reasons Condition 2.19 should remain unchanged. However, Council may offer to carry out the boundary change at no cost to the applicant once the applicant’s road design has determined the boundary adjustment that is needed.

In addition as the applicant purchased the land from Council, Council could consider reimbursing the applicant for any land lost at the equivalent m2 rate that was paid for the land.

3. BUDGET IMPLICATIONS

Should Council agree to an alternative standard for Langton Road, future upgrading will need to be funded by Council.

4. POLICY IMPLICATIONS

The applicants request is in conflict with Planning Scheme Policy 7 and is not accompanied by sufficient justification to support a variation of the Policy.

5. CONSULTATION

5.1 Internal

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(b) Engineering Directorate

5.2 External

Nil.

6. CONCLUSION

Representations in regards to an approved General Industry have been reviewed and it is considered appropriate to vary the conditions in regards to frontage road upgrading.

7. ATTACHMENTS

Nil.

M08/06/12 Moved: Cr I.T. Petersen Seconded: Cr A.J. Perrett

That in relation to development application (2011-1842) for Material Change of Use (General Industry – Factory and Ancillary Offices) and Operational Works (Stormwater, Earthworks and Landscaping) located at Langton Road, Monkland, Council issue a Negotiated Decision Notice that includes the following:

(i) Condition 1.12 to remain;

(ii) Condition 1.13 to remain;

(iii) Condition 2.9 to be deleted;

(iv) Condition 2.10 to be amended to read;

‘Provide maximum widening up to a maximum of 1.5 metre widening with kerb and channel and associated drainage works to the side of Langton Road closest to the development.’

(v) New Condition to read:

‘A contribution of $66 000 (subject to indexation annually from the date of this approval) is to be paid towards future road widening of 1.0 metre on the opposite side of Langton Road to the development site.’

(vi) Condition 2.13 to remain;

(vii) Condition 2.14 to remain;

Carried

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5/7 Development Application for Material Change of Use – To Change the Land Use Entitlements from the Rural Zone to the Housing Zone & Reconfiguring a Lot – Subdivision to Create 207 Additional Lots over Lot 42 L371042 at Groundwater Road, Southside for Sigma Developments P/L

PORTFOLIO: Planning and Development

DIRECTORATE: Planning and Development

AUTHOR: Director of Planning and Development – M. Hartley Planning Officer – S. Court

DOC ID: DA15769

LINK TO CORPORATE / OPERATIONAL PLAN:

Operational Plan – Program 4 - Planning and Development, 4.1 (ii) Applications

1. BACKGROUND & PREVIOUS COUNCIL CONSIDERATION

Development approval for a subdivision of around 200 lots was originally approved over this site in 2008.

The developer has completed the first stage of the estate.

A request to change the approval has recently been lodged.

2. REPORT

FILE NO: DA15769 APPLICANT: Sigma Developments P/L RPD: Lot 42 L371042 SITE ADDRESS: Groundwater Road, Southside CURRENT USE OF LAND: Residential & Vacant PROPOSAL: Material Change of Use – To Change the Land Use Entitlements from the Rural Zone to the Housing Zone & Reconfiguring a Lot – Subdivision to Create 207 Additional Lots EXISTING ZONE: Rural

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2.1 INTRODUCTION

The applicant has requested to amend Condition 1.1, Condition 1.3 and Condition 1.4 of the Amended Decision Notice dated 30 July 2008:

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“1.1 The development shall be generally in accordance with the most recent approved plans (Plan Number BRSS5924.000-001 Issue G Prepared by Landpartners dated 26/08/2011).

1.3 Contribution is to be made towards Water Supply Headworks in accordance with Council’s Planning Scheme Policy 7: Water Supply and Sewerage Headworks Contributions, Works External and Works Internal. The contribution is currently assessed at:

$3 094 for lots between 600m2 and 999m2; and $3 868 for lots over 1 000m2,

however, the actual amount payable will be based on Council’s Policy at time of payment, which currently allows for annual increases on 1 July in accordance with CPI.

1.4 Contribution is to be made towards Sewerage Headworks in accordance with Council’s Planning Scheme Policy 7: Water Supply and Sewerage Headworks Contributions, Works External and Works Internal. The contribution is currently assessed at:

$4 835 for lots between 600m2 and 999m2; and $5 181 for lots over 1 000m2,

however, the actual amount payable will be based on Council’s Policy at time of payment, which currently allows for annual increases on 1 July in accordance with CPI.”

Approved Plan

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2.2 REQUEST

The applicant submitted a letter and a request to change an existing approval form received by Council on 30 March 2012 requesting an amendment to condition 1.1, 1.3 and 1.4 of the negotiated decision notice dated 30 July 2008.

Proposal Plan

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The applicant is requesting:

a. An increase of two (2) lots, which have been included in Stage 5 and Stage 6a (i.e. proposed Lots 208 and 209); b. An amendment to the boundaries of approved lots 82, 83, 84, 85, 86, 87, 88, 97, 98, 204, 205 and 206; c. A reduction to the minimum lot size of 600m2 for three (3) of the lots and minimum road frontage to 15.2m;

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d. A minor amendment to the approved Stage boundaries of Stage 4 and Stage 6a; and e. Amendments to the access arrangements for Lot 98 and proposed Lot 208, which is now proposed via a shared access easement, located along the northern boundary of Stage 6a.

The applicant’s Consultant has provided the following advice:

“The amendments to the approved layout will improve the amenity of the lots, and will provide appropriate areas for residential dwellings to be constructed. It is suggested conditions be included within the Permissible Change so that infrastructure contributions to be paid to Council in relation to the additional two (2) lots be calculated in accordance with Council’s current policies, and it is requested this be identified within the relevant conditions.

It is considered the Permissible Change requested will ultimately result in the development being constructed as previously approved by Council. No amendments to the proposed road layout, approved Environmental Reserve, Remnant Vegetation, Vegetation Line, Vegetation Buffer (20m wide), or DNRW “Area B” Building Exclusion Zone, previously approved as part of the original permit are proposed as part of this Permissible Change. The lots proposed are now a minimum of 500m2 in area and are considered to be appropriately designed to allow residential dwellings to be constructed on the site. All lots are proposed to gain access from a dedicated road, with access to proposed Lot 97 and proposed Lot 208 to be via a single access point along the 16 metre wide New Road to be constructed as part of the approved development …

Conditions Applicable to All Stages of the Approved Development – Condition 1.1

As the approved layout is proposed to be amended, a new plan has been prepared by Landpartners Limited to reflect the changes. It is considered Condition 1.1 should be amended to reflect the drawing prepared and submitted to Council as part of this application. Therefore, it is considered Drawing Number BRSS5924.000-001 (Issue G) prepared by Landpartners Limited should be removed from Condition 1.1, and replaced with Drawing Number BRSS5924.000-001 (Issue H) prepared by Landpartners Limited (attached).

Conditions Applicable to All Stages of the Approved Development – Condition 1.3

As a result of the proposed amendments, the minimum lot size proposed as part of the Permissible Change is 500m2. In accordance with Condition 1.3, the contribution towards Water Supply Headworks is calculated based on the lot size, being between 600m2 and 999m2 or over 1,000m2. Therefore, to reflect the current plans proposed, it is considered a contribution for lots between 450m2 to 599m2 should now be clearly identified in this Condition, in accordance with Council’s Planning Schemem Policy 7: Water Supply and Sewerage Headworks

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Contributions, Works External and Works Internal. Therefore, it is requested Condition 1.3 be updated to reflect the lot sizes proposed as part of this Permissible Change.

Conditions Applicable to All Stages of the Approved Development – Condition 1.4

As a result of the proposed amendments, the minimum lot size proposed as part of the Permissible Change is 500m2. In accordance with Condition 1.3, the contribution towards Sewerage Headworks is calculated based on the lot size, being between 600m2 and 999m2 or over 1,000m2. Therefore, to reflect the current plans proposed, it is considered a contribution for lots between 450m2 to 599m2 should now be clearly identified in this Condition, in accordance with Council’s Planning Schemem Policy 7: Water Supply and Sewerage Headworks Contributions, Works External and Works Internal. Therefore, it is requested Condition 1.4 be updated to reflect the lot sizes proposed as part of this Permissible Change.”

The applicant’s Consultant was asked to provide further justification for the lot sizes being proposed being underneath the minimum lot size of 600m2 in the Housing zone. The applicant’s Consultant has provided the following advice:

“The Developer is committed to delivering affordable product to the locality, while also creating an interesting environment and providing a variety of product within this location. To achieve this, the Developer has had significant interest for lots below 600m2, with Lots 82 and 86 proposed to test the market and determine whether this is a desired product within this area. It is identified that lots 500m2 in area are not currently provided in the locality, with the proposed development considered the perfect opportunity to provide this style of urban residential development.

The reduced lot size will maintain the high standard of visual amenity within the development, with each lot provided with sufficient areas to provide private recreation areas and maintain appropriate setbacks. The proposed layout and reduction in lot sizes will not have a significant impact on the road layout or approved park, with the design of the proposed residential subdivision considered to reflect that previously approved over the subject site.

It is also noted that although proposed Lots 82 and 86 are below the minimum lot size and below the minimum frontage for the Housing zone as identified within Council’s Planning Scheme, the proposed lots are on relatively flat land, will all lots created as part of this development able to contain a rectangle a minimum dimension of 25 metres by 15 metres, as required within Schedule 9 of the Cooloola Shire council Planning Scheme.”

2.3 ASSESSMENT

(a) Condition 1.1 reads:

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1.1 The development shall be generally in accordance with the most recent approved plans (Plan Number BRSS5924.000-001 Issue G Prepared by Landpartners dated 26/08/2011).

The proposed 502m2 (15.2m road frontage) and 504m2 (16.2m road frontage) allotments (Lot 86 and Lot 82) are considered to be able to meet the Overall Outcomes and the majority of the Specific Outcomes contained within the Reconfiguring a Lot Code, with the exception of the minimum lot size (600m2) and minimum road frontage (20m).

The lots and suggested building areas are proposed to be situated on the most usable and unconstrained part of the existing allotment.

Additionally, Council has recently recognised a market for some smaller housing stock and has approved the interspersion of lots between 450- 600m2 into newly developed estates providing they demonstrate high amenity and are not established in large clumps. This is achieved by the proposed amendment.

The overall lot yield has increased by two (2) to create 209 additional lots as a result of the creation of the smaller allotments. However it has not jeopardised any other aspect of the development including the road layout, approved Environmental Reserve or the remnant vegetation.

The proposed layout is considered to adequately take into consideration the natural constraints and features of the site.

Sufficient planning grounds are therefore considered to exist in order to warrant support of this proposal despite non-compliance with these standards.

(b) Condition 1.3 reads:

$3 094 for lots between 600m2 and 999m2; and $3 868 for lots over 1 000m2,

however, the actual amount payable will be based on Council’s Policy at time of payment, which currently allows for annual increases on 1 July in accordance with CPI.

It is recommended that this condition be amended to reflect the change in lot sizes if Council approves the amendments to condition 1.1 as discussed above and for it to read:

“1.3 Contribution is to be made towards Water Supply Headworks in accordance with Council’s Planning Scheme Policy 7: Water Supply

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and Sewerage Headworks Contributions, Works External and Works Internal. The contribution is currently assessed at:

$2 675 for lots between 450m2 and 599m2; $3 404 for lots between 600m2 and 999m2; and $4 255 for lots over 1 000m2,

however, the actual amount payable will be based on Council’s Policy at time of payment, which currently allows for annual increases on 1 July in accordance with CPI.”

$4 835 for lots between 600m2 and 999m2; and $5 181 for lots over 1 000m2,

however, the actual amount payable will be based on Council’s Policy at time of payment, which currently allows for annual increases on 1 July in accordance with CPI.

It is recommended that this condition be amended to reflect the change in lot sizes if Council approves the amendments to condition 1.1 as discussed above and for it to read:

$4 940 for lots between 450m2 and 599m2; $4 835 for lots between 600m2 and 999m2; and $5 181 for lots over 1 000m2,

however, the actual amount payable will be based on Council’s Policy at time of payment, which currently allows for annual increases on 1 July in accordance with CPI.

3. BUDGET IMPLICATIONS

Nil.

4. POLICY IMPLICATIONS

The proposed development complies with the provisions of Council’s Planning Scheme, with the exception of two (2) of the 209 lots proposed, being below 600m2 and the road frontages being less than 20m as specified in the Reconfiguring A Lot Code of the Cooloola Shire Planning Scheme.

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Although subdivisions in the Housing zone under the minimum lot size are not generally supported, sufficient planning grounds exist in order to recommend approval of this particular proposal.

5. CONSULTATION

5.1 Internal

Report: (Civil Engineer Design Services – BJ Garrad)

Land Partners Limited has submitted a Request to Change to Amended Decision Notice DA15769 by way of a letter dated 28 March 2012 and amended plan BRSS5924.000-001 Issue H.

The Request to Change involves an increase in the number of lots by two additional lots 208 and 209 with minor changes to lot sizes, frontage widths and stage boundaries as a result. It is proposed that lots 98 and 208 will now share an access easement to gain access to these lots.

The applicant is not proposing any changes to the approved road or stormwater layout.

The amended lot layout does not present any engineering issues that would result in changes to conditions to do with engineering issues.

On this basis there are no objections of an engineering nature to the proposed changes to conditions.

5.2 External

CONCURRENCE AGENCIES

(a) Department of Transport and Main Roads

A letter dated 16 April 2012 from the Department of Transport and Main Roads advises that they have no objection to the proposed change.

The conditions dated 15 December 2010 remain applicable to the development.

(b) Department of Environment and Resource Management

A letter dated 24 April 2012 from the Department of Environment and Resource Management advises that they have no objection to the proposed change.

The conditions dated 18 March 2011 remain applicable to the development.

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6. CONCLUSION

Although subdivisions in the Housing zone under the minimum lot size are not generally supported, sufficient planning grounds exist in order to recommend approval of this particular proposal.

7. ATTACHMENTS: Nil.

M09/06/12 Moved: Cr R.A. Gâté Seconded: Cr L.J. Friske

That in relation to the request to change an existing development approval (DA15769) for Material Change of Use – To change the Land Use Entitlements from the Rural Zone to the Housing Zone & Reconfiguring A lot – Subdivision to Create 207 Additional Lots over located at Groundwater Road, Southside, Council issue an Amended Decision Notice:

(i) Condition 1.1 to read:

‘The development shall be generally in accordance with the most recent approved plans (Plan Number BRSS5924.000-001 Issue H Prepared by Landpartners dated 13/03/2012).’

(ii) Condition 1.3 to read:

$2 675 for lots between 450m2 and 599m2; $3 404 for lots between 600m2 and 999m2; and $4 255 for lots over 1 000m2,

however, the actual amount payable will be based on Council’s Policy at time of payment, which currently allows for annual increases on 1 July in accordance with CPI.’

(iii) Condition 1.4 to read:

$4 940 for lots between 450m2 and 599m2;

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$4 835 for lots between 600m2 and 999m2; and $5 181 for lots over 1 000m2,

however, the actual amount payable will be based on Council’s Policy at time of payment, which currently allows for annual increases on 1 July in accordance with CPI.’

Carried

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5/8 Representations for Development Approval for Material Change of Use - General Industry (Transport Depot & Mechanical Workshop) at 30 Ascot Road & 107 Tin Can Bay Road, Victory Heights for Masondale

PORTFOLIO: Planning and Development

DIRECTORATE: Planning and Development

AUTHOR: Director of Planning and Development – M. Hartley Planning Officer – M. K. Matthews

DOC ID: 2009-0663

LINK TO CORPORATE / OPERATIONAL PLAN:

Operational Plan – Program 4 - Planning and Development, 4.1 (ii) Applications

1. BACKGROUND & PREVIOUS COUNCIL CONSIDERATION

An application for Material Change of Use (General Industry – Transport Depot & Mechanical Workshop) over Lot 1 MPH5129 and Lots 1 & 2 MPH31249, was approved by Council at its General Meeting held on 9 February 2011.

This Material Change of Use proposal sought Council’s permission to rationalise the existing transport depot on site and for the establishment of a mechanical repairs workshop.

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2. REPORT

Representations are made in regards to the road contribution levied on the development.

2.1 Conditions

2.1.1 Condition 1.9

(a) Condition 1.9 reads:

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‘A contribution is to be paid toward road improvements as a result of the increased traffic generated by this development. The amount is currently assessed at $54 475, however will be in accordance with the amount applicable at the time of payment based on any CPI increases.’

Applicants Representations

Lodged March 2011 ‘The applicant appreciates that Council can require the payment of a road contribution as a condition of its approval of certain development applications providing that it reasonable and relevant and in accordance with Council’s planning scheme policy. The applicant is concerned by the amount of road contribution to be paid to Council in the particular instance before the recently approved use can lawfully commence.

The applicant believes the following considerations support his request for a reduced amount of road contributions to be paid to Council as a result of the recently approved development application:-

(a) The contribution is understood towards upgrading those roadways within the Gympie Regional Council area that are the responsibility of Council and not the State. The site fronts a State controlled road and given the nature of the recently approved use, much of the regular traveling associated with that use will occur along State controlled roads.

(b) The current economic climate has placed a financial burden on many local businesses. The payment of contributions of this significant amount before a use can lawfully commence places an added burden on local businesses.

(c) The applicant and his wife live on subject site and both will work constantly in the recently approved use and a previously approved lawful use currently being undertaken on this site. Their trips are commonly those that are generated as a result of them residing on the site or trips generated by the previously approved lawful use.

(d) Likewise much of the trips to and from the site are as a result of the other approved industrial use on the site. Also given the name of the recently approved use and the previously approved use there is a considerable amount of sharing of trips. It is widely accepted that contributions need to be reduced from that normally applied when there is a sharing of infrastructure such as roads between existing lawful uses on a particular site and those uses which are the subject of a development application.

(e) The approved shed has an increased floor area as a result of also being used for saloon car racing which is a hobby of the applicant. Being a hobby and not a commercial use in any way, such an activity is considered to be ancillary to the dwelling house use which is already being undertaken on the site. Therefore some of the trips being generated by the approved building are as a result of this hobby and not the approved additional use on the site.’

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Lodged 25th July 2011 ‘I refer to Council’s Decision Notice dated 11th February, 2011 in respect the above development application and to our letters dated 25th February, 2011 and the 23rd March, 2011 in relation to the above.

This letter has been prepared in response to a recent meeting at Council Mary Street office on 14th July, 2011 between Jim Herbohn for the applicant, Marcus Matthews and Laurie O’Brien from Gympie Regional Council and myself.

As discussed at this meeting, the applicant considers that the amount of road contribution required by Council in Condition 1.9 is excessive given those grounds listed in his representation dated 23rd March, 2011. These grounds included the following statement:-

In response Council has correctly highlighted at the recent meeting that the traffic report (dated 8 July, 2010) as prepared by Opus and provided by the applicant in support of the current application, did not separate those trips generated by the proposed use from those generated by the existing uses on site.

The following extract from page 2 of the 2010 Opus report was basedoin traffic counts taken by the applicant:-

3. TYPE AND NUMBER OF VEHICLES

Masondale pty Ltd has indicated their current vehicle complement as follows:

TYPE NUMBER Staff and Company 6 Vehicles Heavy Haulage Vehicles 20 TOTAL 26 Table 3.1. Provision for staff, company and heavy haulage vehicles

Masondale Pty Ltd has indicated that the typical vehicles used by staff and company are passenger vehicles such as cars, utility vans and 4x4’s. Heavy haulage vehicles range from tippers to semi trailers.

The applicant has analysed his original figures and undertaken a revised traffic count to confirm his findings.

The applicant is therefore in a better position to advise Council of the following:-

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TYPE NUMBER (vehicles trips) Domestic vehicles associated with the 16 (23%) existing dwelling house use Vehicles associated with other existing 38 (56%) (lawful) uses on site Vehicles associated with the existing 14 (21%) proposed uses on the site TOTAL 68 (100%)

The above table would indicate that 21 % of the trips currently generated by site which includes the proposed use relates to that use which is proposed in the current development application. The applicant therefore confirms that Council is correct in that the traffic report did not identify the traffic generated by the proposed use which is about 21 % of the total traffic generated by the site. It is suggested that any contributions required by Council as a condition on the above development should be proportioned accordingly.

The applicant therefore reconfirms those grounds as listed in his representations dated 23rd March, 2011.’

Staff Response

The road contribution levied is based on 48 additional trips and applying the rate under Council’s Rural Residential Road Contribution Policy, given the site’s rural residential zoning.

There are a number of reasons that the applicant requests a reduction in roadworks contributions payable to Council as part of this approval. Point (a) outlined within their correspondence outlines that the site gains access via a State government controlled road and most connecting roads to and from the site are State government controlled (i.e) Tin Can Bay Road and Cootharaba Road connect directly to Brisbane Road and the Bruce Highway). Whilst this is appreciated, there is never a guarantee that alternative routes may not be utilised, and the contribution amount is indexed for the surrounding road network administered by Council not just routes utilized by the applicant that can not be monitored.

Point (b) of the representations argues that the imposition of the monetary contribution to be paid prior to commencement of the use is an unnecessary financial burden in difficult economic times. It is standard practice for the contributions to be payable prior to the commencement of the approved use as it enables Council to have some surety that uses are operating lawfully.

Point (c) argues that the use will be undertaken as part of previous lawful uses undertaken on site, and also that the owners also live on site, meaning that trips to and from the site will be reduced to an extent.

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This application was lodged as a means to rationalise existing activities on site as part of the Transport Depot and Mechanical Repair Workshop.

Anecdotally, it is understood the applicant has operated a timber haulage business from the business, however commencement date of such is unknown and whether the establishment was lawful. Should it have been around the time of establishing the dwelling on the site (circa early 1990s) it is unlikely this would have been an as-of-right use.

Council records indicate there are three (3) previous Building Approvals over the site (reference numbers 5930 – 1990; 2618 – 1991; 6876 – 1991; and 9503098 – 1995) relating to the dwelling, a pool and a farm shed. The only other development history readily available is the Material Change of Use Approval of which these representations are the subject of under 2009-0663; associated Operational Works for Stormwater Drainage under 2011-1573; an ERA Registration Certificate under 2011-0268 and a currently active Building and Plumbing Application for an office building under 2011-0517.

The applicant was invited to submit any further material that may substantiate their existing use rights claim and they have been unable to provide anything.

Points (d) and (e) similarly argue that roadworks should be reduced on the basis of levying only the additional trips to be generated by the use (ie giving credit for an existing use). The contribution levied is based on 48 additional trips per day, yet the latest estimated traffic generation figures from the applicant is for 52 trips (between what is alleged as an existing lawful use and the proposed).

Despite all of the above it is worth noting that the Wide Bay Burnett Regional Plan identifies this site and surrounding land within the ‘Urban Footprint’ and also as a ‘Local Development Area’ which is considered suitable for generating employment opportunities. Given this, and the development of Council’s planning scheme to reflect the Plan, it is highly likely the site will be included in some form of industrial zoning within the new scheme.

If considering Planning Scheme Policy 13 applied to the premises, credits would be applied at the rate of 1.2vte/100m2 of land area, equating to 242 trips for Lot 1 MPH5129 where the development is occurring. Road contributions for a General Industry (Transport Depot) are levied by the Policy at the rate of 2vte/100m2 use area. The use area, excluding access, for the approved development is estimated at 5 500m2, which would equate to less than the credits that would apply to the premises.

3.0 BUDGET IMPLICATIONS

Nil.

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4.0 POLICY IMPLICATIONS Nil.

5.0 CONSULTATION

5.1 Internal

(d) Engineering Directorate

5.2 External

Nil.

6.0 CONCLUSION

Representations in regards to an approved General Industry at Victory Heights have been reviewed and for reasons outlined in the report it is considered appropriate to delete the condition requiring road contributions.

7.0 ATTACHMENTS: Nil.

M10/06/12 Moved: Cr I.T. Petersen Seconded: Cr L.J. Friske

That in relation to representation submitted for development application (2011-0663) for Material Change of Use (General Industry – Transport Depot & Mechanical Workshop) over Lot 1 MPH5129 and Lots 1 & 2 MPH31249, located at 30 Ascot Road & 107 Tin Can Bay Road, Victory Heights Council issue a Negotiated Decision Notice deleting condition 1.9.

Carried

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5/9 Development Application for Material Change of Use – Service Station and Shop and Environmentally Relevant Activity (ERA #8 Chemical Storage) at 1-5 Woolgar Road Southside for AHC Limited Pty Ltd

PORTFOLIO: Planning and Development

DIRECTORATE: Planning and Development

AUTHOR: Director of Planning and Development – M. Hartley Planning Officer – Kasia Fuller

DOC ID: 2012-0499

LINK TO CORPORATE / OPERATIONAL PLAN: Operational Plan – Program 4 - Planning and Development, 4.1 (ii) Applications

1. BACKGROUND & PREVIOUS COUNCIL CONSIDERATION Nil.

2. REPORT

FILE NO: 2012-0499 APPLICANT: AHC Limited Pty Ltd RPD: 11 RP896298 SITE ADDRESS: 1-5 Woolgar Road Southside CURRENT USE OF LAND: Shopping Centre PROPOSAL: Service Station and Shop EXISTING ZONE: Commercial APPLICATION ADVERTISED: n/a ADVERTISING CLOSED: n/a SUBMISSIONS RECEIVED: Nil

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2.1 INTRODUCTION

2.1.1 The Proposal

This application seeks a development permit for a material change of use to establish a Service Station on the site of the Woolworths Shopping Centre at Woolgar Road Southside.

The service station is proposed to operate 24 hours a day, 7 days a week and comprises of the following:

 three (3) double sided fuel bowsers and one (1) LPG bowser (i.e. 7 filling positions) contained under a 5.3 metre high canopy;  a 247m2 single storey building of which approximately 72m2 is for the service counter, office, storeroom and amenities and the additional 175m2 is dedicated as retail floor space.

Proposal Plans

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2.1.2 Site Description

The recently constructed Woolworths Shopping Centre is located on the site. The portion of the site for the proposed service station has been cleared and some earthworks undertaken to provide a relatively level area.

The existing access point off Ramsey Road is located approximately 50 metres from the Exhibition Road intersection.

2.1.3 Surrounding Land Uses

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Existing uses adjoining the site on Ramsey and Exhibition Roads are commercial / retail (i.e. Woolworths Shopping Centre, Jockey Club Hotel, and local shops) and uses to the south and east on Woolgar Road are residential. A child care centre is located to the south on the corner of Ramsey Road and Woolgar Road and the Showgrounds are located to the south-west.

2.1.4 Site History

An application for this use was previously submitted to Council in 2010 however lapsed as the applicant did not respond to Council’s information request within the statuary timeframe.

The application was re-submitted to Council however this application also lapsed due to non-referral of the application to the Department of Transport and Main Roads.

2.2.0 STATUTORY REQUIREMENTS

2.2.1 Intent of the Zone

The Commercial Zone intends to provide retail, business, commercial, administrative, service industrial and other needs for residents and visitors to Gympie and surrounding areas.

2.2.2 Compliance with the Planning Scheme

(a) Scheme Definition

Service station is defined as:

‘The use of premises for the retail sale of motor fuel for fuelling motor vehicles or vessels, whether the use also includes the sale of other goods provided that the total area in which such other goods are sold does not exceed 100m2.’

Shop is defined as:

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‘The use of premises, exceeding 5m2 GFA, for: (a) the display and retail sale of goods; or, (b) an activity that would otherwise be low impact industry if the total use area is: (i) less than 100m2; or, (ii) less than 200m2 and more than half of which involves the display, or offering for sale of goods to the general public; or, (c) a coin operated laundromat; or, (d) hairdressing and related services; or, (e) the reception or return of goods; or, (f) the hire of goods. The term does not include display yard.’

(b) Development Provisions

A Service Station and Shop within the Commercial Zone are consistent uses and code assessable against the following:

Gympie Planning Area Code; Erosion and Sediment Control Code; Infrastructure Works Code; Landscaping Code; and Vehicle Parking and Access Code.

Gympie Planning Area Code The application accords with the Overall Outcomes relative to the Commercial Zone and commercial development.

The use is not considered to have unacceptable impact on the existing amenity (ie light, noise, air) of the area due to the adjoining uses and proximity to Exhibition Road.

Any lighting of the site, however, should be conditioned to be directed internally.

The maximum height prescribed by the planning scheme for the Commercial Zone is 8.5 metres and 2 storeys. Elevations indicate the building to be 4.2 metres in height and the canopy over the bowsers 5.3 metres high.

Minimum boundary setbacks prescribed by the planning scheme for the commercial zone are as follows:

Road boundary 6.0 metres Side boundaries 2.0 metres Boundaries adjoining residential uses 6.0 metres

The development proposes a 0.6 metre setback to the Woolgar Road frontage for the building and a 3.0 metre setback for the canopy. The 3.0 metre setback for the canopy is considered adequate given it is

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unenclosed and the bowsers and associated infrastructure comply with the required setback.

The portion of the building proposed to be located within the 6.0 metre setback is shown indicatively below.

The applicant argues support for the 0.6 metre setback on the basis that ‘the verge is wider than the standard 4.5 metres and is it common for commercial buildings to have zero setbacks from road frontages’.

There may be scope to allow buildings to be sited with a zero setback in existing areas such as Gympie’s CBD however the planning scheme requires new development within commercial areas to be setback to allow for appropriate landscaping. The building as proposed does not allow for sufficient landscaping to be achieved in a 600mm setback. It is suggested that the reduced setback be offset by requiring landscaping to be undertaken within the 600mm area and on the road reserve to achieve satisfactory screening of the proposed building and service yard. The installation and on-going maintenance of the landscaping would be the responsibility of the applicant and not Council.

Erosion and Sediment Control Code Appropriate conditions can be included at the operational works / building work stage to address the code.

Infrastructure Works Code Requirements of the Code, including access, stormwater, water and sewerage, are addressed in the design report following.

Water and sewerage services are required for the proposed use and headworks charges apply.

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Traffic generation will increase as a result of the development and therefore Planning Scheme Policy 13 applies. The contribution is calculated at $80,498.66. Given the extensive intersection works to be undertaken as imposed by the Department of Transport and Main Roads and as part of AHC’s commitment to the shopping centre it is considered justified that the applicable road contribution not be levied in this instance.

Landscaping Code The Code specifies a minimum 2 metre, averaging 3 metre wide landscaped strip along road frontages.

The development proposes a triangular shaped area for landscaping on the Ramsey Road frontage and internal driveway and a 21m x 1m strip to the north of the site along the internal driveway.

There is insufficient area within the subject site along the Woolgar Road frontage to allow for landscaping given the building is proposed to be setback 0.6 metres. The applicant has requested a reduction in the landscaping widths as ‘the wall faces the race track and child care centre and therefore does not impact on the amenity of the area’. This is not accepted and it is not considered to achieve the specific outcome regarding amenity of premises which requires landscaping to provide attractive streetscapes and soften the visual impact of large, tall or bulky structures.

Key commercial sites such as this should be setting the standard of street presentation envisioned by Council. To achieve the outcomes of the code it is suggested that the applicant be required to landscape and maintain the road reserve from their property boundary to the constructed footpath.

Further detailed landscaping plans nominating species, density etc. will be required to be submitted in conjunction with the operational work phase.

Vehicle Parking and Access Code The planning scheme requires car parking at the following rates:

Service Station 2 spaces/tenancy + 1/100m2 GFA Shop 6 spaces per 100m2 GFA

This equates to a requirement for at least eight (8) car parking spaces.

The application proposes 17 on-site car parks which complies with scheme requirements.

2.2.3 Local and/or State Planning Polices

No other planning policies are applicable.

2.3 PUBLIC NOTIFICATION

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Due to the level of assessment the proposal was not required to be formally advertised.

3. BUDGET IMPLICATIONS

Nil.

4. POLICY IMPLICATIONS

The development is consistent with Council’s planning scheme.

5. CONSULTATION

5.1 Internal

(e) Engineering Directorate

Report: (Engineer Design Services – B. Garrad)

This report is based on information from the Town Planning Report provided by consultants GHD dated March 2012 and information given as a result of a Council Request for Further Information dated 21 February 2012.

FRONTAGE ROADS & ACCESS The Department of Transport and Main Roads (DTMR) as concurrency agency for the development have the conditioned the signalisation of the Exhibition Road/Ramsey Road intersection. These works also include the widening of Ramsey Road opposite the proposed service station. Although the final intersection design is yet not complete, DTMR have conditioned the timing of the intersection upgrade to be prior to the commencement of use of the service station and shop.

Ramsey Road is constructed to approximately a 9.5 metre sealed width and currently provides access to Southside residential areas and the Woolworths shopping centre.

Access to the service station will be via the existing Woolworths shopping centre entrance off Ramsey Road and the internal road within the shopping centre. Vehicles will access the service station via one entrance at the north eastern of the site while exit from the service station will be limited to a location at the north west of the site where vehicles will only be able to turn left along the internal road and on to Ramsey Road.

ROAD TRAFFIC CONTRIBUTION Traffic volumes will be increased as a result of the development. As such a contribution under Planning Scheme Policy 13 Traffic Contribution is applicable. The contribution is currently assessed at $80,498.66, however the actual amount payable will be based on Council's policy and the rate applicable at the time of payment.

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INTERNAL CIRCULATION Plan number P1255-P12 Revision A shows the queuing and parking arrangements at a time when a fuel tanker is on site. The arrangement shows that the central fuel bowser would only be able to be used from one side during fuel delivery and it would appear that the northern bowser would also only be able to be accessed from one side during refuelling.

Fuel delivery times have been given as between 6pm and 10pm which should be outside the expected peak fuel sales times so disruption to traffic flows should be minimised during fuel deliveries. A letter from Caltex Australia asserts that the expected turnaround time for customers buying fuel is between 3 and 4 minutes. Also that 40% of customers do not buy fuel and their turnaround times are between 1 and 2 minutes.

It is difficult to believe that a customer can enter the service station, fuel their vehicle, walk to the checkout, pay for their purchase, walk back to their vehicle and leave the service station in 3 to 4 minutes. If the customer has to queue for fuel and/or queue at the checkout, this turnaround time would be much longer than represented. Similarly the turnaround time for a non fuel buying customer of 1 to 2 minutes seems unreasonably short.

It is in the applicant’s interest that the turnaround times are represented as being short so that the queuing and manoeuvring areas appear adequate for the expected volume of customers. Since there is no direct access from Ramsey Road to the service station, any spill-over of queuing customers would not affect Council roads but instead would block the shopping centre internal road.

STORMWATER MANAGEMENT Previous development of the Woolworths shopping centre has provided capacity for stormwater runoff from the roofed and paved areas within the proposed service station. It is intended that runoff will be directed into the existing shopping centre drainage system.

SEWERAGE AND WATER RETICULATION The applicant has not supplied any information of where and how reticulated water and sewerage can be supplied to the site other than to say that “The site is serviced by and connected to Council’s existing water and sewerage facilities in the normal manner.”

Details of these connections will be required prior to any approval of operational works plans.

FLOODING The development site is located above the 1 in 50 year and 1 in 100 year flood lines.

MISCELLANEOUS Power and communication services are available at the site.

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Street lighting is adequate on the development frontage with Ramsey Road.

5.2 External

CONCURRENCE AGENCIES

(a) Department of Transport and Main Roads

The proposal required referral to DTMR due to proximity to a state- controlled road (Exhibition Road).

This Agency has provided conditions to be attached to any approval including:

- upgrading the Exhibition Road/Ramsey Road intersection to include traffic signals. It is required to submit detailed plans and specifications to DTMR for these works. - It is also noted that the Gympie-Woolooga Road (Exhibition Road) is not an approved “as of right” B-double route and should B-double vehicles be used for delivery of fuel a separate approval is required from DTMR before these vehicles can use Exhibition Road or its intersections to access the proposed use. Should B-doubles access the site, the proposed design for the Exhibition Road/Ramsey Road intersection will need to be revised to cater for the turn/swept paths associated with B-doubles.

ADVICE AGENCIES

Nil

6. CONCLUSION

The development is consistent with the planning scheme and is considered an appropriate use of the site.

Some non-compliance with setbacks is proposed however can be accepted if additional landscape planting is undertaken within Council’s road reserve to achieve satisfactory screening and amenity.

The proposal is supported by the Department of Transport and Main Roads and recommended for approval subject to intersection works at the Ramsey Road/Exhibition Road intersection.

7. ATTACHMENTS:

Nil.

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M11/06/12 Moved: Cr A.J. Perrett Seconded: Cr I.T. Petersen

That Council, as Assessment Manager, APPROVE development application for Material Change of Use – Service Station and Shop on Lot 11 RP896298 located at 1-5 Woolgar Road Southside subject to the following conditions:

Section 1.0 Conditions to be Satisfied Prior to the Commencement of the Approved Use

1.1 The development herein approved may not start until: (i) the following development permits have been issued and complied with as required – (a) Development Permit for Building Work; (b) Development Permit for Plumbing & Drainage Work; (c) Development Permit for Operational Work (Stormwater, Car Parking, Access Works and Landscaping).

1.2 Infrastructure charges are payable as follows:

Infrastructure Item Equivalent Units Current Amount Water Headworks 6.55 ep $7 963 Sewerage Headworks 7.2 ep $13 680 TOTAL $21 643

but will be subject to indexation annually on 1 July.

1.3 Prior to commencement of the use the following are to be provided in accordance with the Environmental Protection (Waste Management) Regulation 2000: (i) approved refuse containers; (ii) a centralised refuse storage enclosure comprising an imperviously paved area provided with a hose cock and hose; (iii) drainage designed to prevent stormwater entering Council’s sewer.

1.4 The number and type of refuse containers provided on site is to be determined in accordance with Council’s Rating Policy.

1.5 Any filling or other development works undertaken on the site shall be carried out so as not to cause the ponding of water on any adjoining lands or the blockage or interference with any natural watercourse.

1.6 No earthworks or filling works are to be undertaken prior to the issue of a Development Permit for Operational Works.

1.7 Car parking and access areas shall be sealed pavement and designed, drained, constructed and maintained in accordance with Council’s Vehicle Parking and Access Code.

1.8 A minimum of eight (8) car parks including one (1) accessible space is to be provided.

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1.9 The development herein approved may not start until written confirmation is provided to Council that The Department of Transport and Main Roads conditions contained in their letter dated 25 May 2012 and attached to this Development Permit are substantially completed/fulfilled to the satisfaction of the Department of Transport and Main Roads.

1.10 (i) Connection is to be made to Council’s existing Water Supply and Sewerage reticulation systems, including the provision of a back flow device, at no cost to Council. Connection shall be in accordance with a permit for Plumbing and Drainage Work approving the required hydraulic plans and specifications, as prepared by a recognised building hydraulics engineer, for such works. (ii) The backflow prevention device is to be maintained and tested in accordance with Council’s approval.

1.11 Water meter and services shall be installed to landscaped areas approved in the development permit for Operational Works (Landscaping), to the satisfaction of Council’s Chief Executive Officer.

1.12 Any discharges of Trade Waste generated by the development approved herein shall be treated in accordance with Council’s Trade Waste Environmental Management Plan.

1.13 (i) Roof and surface water is to be collected on site and is to be discharged through an underground drain line into existing drainage in the Woolworths Shopping Centre to the satisfaction of Council’s Chief Executive Officer. (ii) A grease/oil arrester is to be provided on site to ensure polluted run-off does not enter Council’s stormwater drainage system.

1.14 Stormwater is to be disposed of on site so as to cause no scour or damage to adjoining properties to the satisfaction of Council’s Chief Executive Officer.

1.15 Signage and pavement markings at the service station entrance and exit are to be to the standards of the Manual of Uniform Traffic Control Devices.

Section 2.0 Conditions Relevant to the issue of a Development Permit for Operational Work (Siteworks, Access Driveways, Parking Areas and Landscaping)

2.1 Three-tiered landscaping is to be provided to the development as shown on the proposal plans and along the Woolgar Road frontage road reserve from the edge of the building to the constructed footpath.

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2.2 (i) A properly prepared Landscape Plan in accordance with Council’s Planning Scheme Policy 4 - Landscaping is to be submitted to and approved by Council’s Chief Executive Officer. The landscape plan is to denote areas of existing vegetation and/or existing trees proposed to be retained. (ii) Landscaping works are to be completed in accordance with the approved landscape plans.

2.3 Erosion and sediment control measures are to be designed and provided in accordance with the International Erosion Control Association (Australasia) 2008’s “Best Practice Erosion and Sediment Control for Building and Construction Sites”. The design shall be submitted to Council for approval with subsequent development applications for operational work.

2.4 Any plans for operational works, water supply and sewerage works, drainage works and street lighting required by this development permit, are to be surveyed, designed and constructed in accordance with Council’s Infrastructure Works Code.

2.5 Undertake at no cost to Council, the alteration of any public utility mains (eg. Electricity, water, sewerage, gas etc.) or other facilities necessitated by the development of the land or associated construction works external to the site.

2.6 Underground utility services are to be provided if practicable. If provided an “as constructed” plan of all utility services is to be provided to Council upon completion of the approved development.

2.7 The method of treatment of stormwater runoff from and through the site shall be designed and constructed in accordance with Council’s Infrastructure Works Code.

Section 3.0 General Conditions of Approval to be Implemented at All Times During the Operation of the Approved Use

3.1 (i) The development shall be generally in accordance with the plans submitted with the application (Drawing Nos P1255- A100, P1255-A200 Rev A, P1255-A201 Rev A, P1255-A202 Rev A, P1255-A351 Rev A and P1255-A352 Rev A, drawn by Caltex Australia Petroleum Pty Ltd and dated 01/02/12). (ii) The layout of the development as shown on the endorsed development plans shall not be altered or modified unless previously approved by Council’s Chief Executive Officer.

3.2 Hours of operation are approved for: 24 hours, 7 days a week.

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3.3 Loading/unloading operations shall be conducted within the site and vehicles waiting to be loaded/unloaded shall stand entirely within the site.

3.4 All appliances and equipment including air conditioner units shall be installed and/or housed so as to prevent the emission of unreasonable noise.

3.5 Any lighting on the site is to be angled or shaded in a manner so that light does not directly illuminate any nearby sensitive premises (eg private residence) causing environmental nuisance.

3.6 Servicing of refuse containers is to be at a location approved by Council’s Chief Executive Officer.

3.7 The landscaping shall be maintained (watering, fertilising, mulching, weeding, and the like) at all times.

Section 4.0 Conditions Relevant to the Development Permit for an Environmentally Relevant Activity [ERA #8 – Chemical storage (Storage Threshold (3)a – storing 10m3 to 500m3 of chemicals of Class C1 or C2 Combustible Liquids)]

4.1 The operation of the environmentally relevant activity must not release odour or visible contaminants including dust, smoke, fumes and aerosols to the environment that will, or may cause an environmental nuisance.

4.2 No incineration or open burning is to be carried out on the site without the prior written approval of Council’s Chief Executive Officer.

4.3 All areas of the site used by vehicular traffic shall be maintained to minimise dust emissions.

4.4 Where waste is a contaminant, it must not be released to the environment, which will or may cause environmental harm or nuisance.

4.5 All operations conducted on the site must be carried out in accordance with the Environmental Protection Act 1994 and other relevant Acts, Regulations and Local Laws.

4.6 The manager/operator/owner of the business is required to apply to Council’s Chief Executive Officer for a Registration Certificate prior to carrying out the Environmentally Relevant Activity.

4.7 All persons engaged in the conduct of the activity are to be trained in the practices and procedures relating to the prevention of environmental harm or environmental nuisance during normal operations and emergencies.

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4.8 A spill kit must be maintained so that it is able to clean up any minor spills.

4.9 Maintain strict segregation of stormwater and wastewater drainage systems.

4.10 Wastewater and other liquid wastes are not to be released to stormwater drainage systems, stormwater, groundwater or discharged to waterways.

4.11 Stormwater is to be diverted around active areas to prevent contamination.

4.12 Stormwaters and waste waters from the refueling area containing hydrocarbons, oils, particulate or other contaminants are to be discharged to sewer via a treatment system (approved by Council’s Planning & Development Directorate) to remove contaminants so that the discharged waste water complies with Council’s Trade Waste Policy and the Environmental Protection (Water) Policy 2008. (Refer to Council’s Planning & Development Directorate for assessment).

4.13 The number and type of refuse containers provided on site is to be determined in accordance with Council’s Rating Policy.

Notes

(i) A Development Permit for Operational Work (Advertising Devices) is required for any proposed signage on the site.

Carried

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5/10 2011-0878 – Representations for Material Change of Use – Extractive Industry – Sandstone Quarry < 3 000T a Year – 30 Gardners Lane, Curra – Curra Country Sandstone Supplies

PORTFOLIO: Planning and Development

DIRECTORATE: Planning and Development

AUTHOR: Director of Planning and Development – M. Hartley Planning Officer - S. Court Civil Engineer Design Services – BJ Garrad

DOC ID: 2011-0878

LINK TO CORPORATE / OPERATIONAL PLAN:

Operational Plan – Program 4 - Planning and Development, 4.1 (ii) Applications

1. BACKGROUND & PREVIOUS COUNCIL CONSIDERATION

Development approval for an Extractive Industry (<3 000t/annum) was approved by Council at its General Meeting held 14 March 2012.

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The applicant subsequently suspended their appeal period and lodged representations in relation to conditions of the approval.

Some of the representations can be addressed by staff, however Council’s decision is requested for those outlined in the report.

2. REPORT

2.1 Conditions

2.1.1 Conditions 1.4

(a) Condition 1.4 reads:

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‘A contribution of $3 000 is to be paid to Council towards a review of haul route and installation of improved warning signs, in accordance with the requirements of the MUTCD on that route. The amount will be subject to indexing annually from the date of this approval in accordance with ABS ANZSIC Class 4121 Index.’

(b) Applicant’s representations:

‘The applicant considers that the condition remains unreasonable and excessive based on the scope and nature of the approved operations being the extract of no more than 3000 tonnes per annum and the existing traffic usage on the haul route as explained in the traffic report previously submitted by the applicant’s traffic engineer. It is also noted that heavy vehicles such as timber trucks and heavy Council vehicles regularly use this road and will be likely to continue to do so for the foreseeable future.

The consultant’s traffic engineer had clearly indicated in her report to Council that the existing road required additional signage and markers even without the proposed development occurring. It is a widely held principle that it is unlawful to condition development approvals to require works to rectify problems or deficiencies that existed before the development application was lodged and to obtain contributions to enable maintenance works that may have been required before the approved use commenced. Conditions of approval need to be reasonably required in relation to the development being proposed and in the vase of the above application, be relevant in relation to the haul route as a direct consequence of the approved development. In this instance the consultant traffic engineer advised Council that additional signage and markers are required even without the development commencing and therefore such works are not required as a consequence of the approved development.

The applicant has himself maintained the road for many years at his own expense but would still be prepared to contribute $1500.00 towards the installation of the signage on the basis that the road network is controlled and maintained by Council and therefore Council should be responsible for ensuring the existing signage is appropriate for the existing traffic conditions.

In additional the applicant has also specifically requested that Council is reminded that this proposed extractive industry is a very small business which will definitely not extract more than 3000 tonnes per annum and which was proposed to purely supplement the applicant’s income as a pensioner. The imposition of this $3000.00 contribution is considered unreasonable as it will make the business unviable in the applicant’s opinion. Council has not fully documented how it has justified such a contribution. The applicant has also requested that Council appreciate that the approved use extracted a total of 300

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tonnes last financial year with an income after expenses of just $800.’

Applicant’s Requested Amendment:

‘Proposed new condition/amended condition/ or delete condition:

A contribution of $1500 is to be paid to Council towards a review of haul route and installation of improved warning signs in accordance with the requirements for the MUTCD on that route. The amount will be subject to indexing annually from the date of this approval in accordance with ABS ANZSIC Class 4121Index.’

Independent traffic engineering advice was obtained by Council in regards to the original application for an extractive industry not exceeding 200t/annum.

This advice indicated:

‘Consequently, in my opinion, rather than the conditions proposed, it would be better to impose conditions limiting the ouput (sic) of the quarry to no more than (say) 200 tonnes per annum, using trucks with a load capacity of not more than (say) 10 tonnes, with all movements of sandstone via one of the nominated routes (whichever is best). At that scale, the development would have no more impact on the road than a conventional rural use of the site.’

An additional optional condition recommended for consideration by Council included a cash contribution towards a Council review of the haul route plus improved warning signs, in accordance with the requirements of MUTCD. Only one (1) haul route is possible for use by the development back to the Bruce Highway.

In this regard, $3 000 was considered a reasonable amount for this review and was conditioned on the approval.

Given the increase in extraction now from 200t to 3 000t per annum, the original amount remains appropriate.

2.1.2 Note (B) from Council’s Planning & Committee Meeting held on 7 March 2012

(a) Note (B) reads:

‘Further that the applicant/property owner be advised that upon commencement of the use, Council intends to apply a benefitted rate over the property in the amount of $1 200 per annum for road maintenance purposes. Such benefitted rate will apply to the property for the life of the extractive industry, adjusted annually in accordance with the Construction Cost Index.’

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(b) Applicant’s representations:

‘The applicant considers the condition is unreasonable as the $1200 (indexed annually) applied for road maintenance does not appropriately reflect the potential impacts of the approved use especially when compared to other uses that are not assessable development on the site. In this regard the applicant is proposing to utilise his existing 4WD farm utility and trailer which combined with a maximum tonne load of 10 tonne and a yearly total tonnage of 3000 tonnes limits the vehicular use of the road.

As reported by the applicant's traffic engineer, the pavement impact of this vehicle arrangement is considered to be insignificant and therefore the cost calculated for road maintenance especially for the limited number of trips is excessive and unreasonable and the condition should be significantly deleted or reduced.

Interestingly the potential traffic impact resulting directly from the proposed use is considered less than some surrounding commercial farming activities that do not pay contributions to Council for road upgrading or maintenance as these uses are not assessable development in the rural zone. The site is not currently used for any active commercial farming activities that occur on surrounding rural properties.

The applicant is concerned that the condition as worded will require the payment of $1200.00 per year to Council regardless of the amount hauled and for every year as long as the use has not been abandoned. This is not considered fair and equitable. This would mean for example that if approved use generates the same quantities as last financial year which could easily occur based on current trends, then Council will collect $4200.00 in contributions for a use that generates just $800. Council has not justified the basis of its calculation of such a contribution.’

Applicant’s Requested Amendment:

‘Proposed new condition/amended condition/ or delete condition: The applicant requests that Council deletes this condition.

The applicant proposes that this condition be deleted. The reasons given were:

1. A four wheel drive and trailer will haul the 3000 tonnes per annum with loads limited to 10 tonnes;

2. The applicant’s traffic engineer considered that the impact on the pavement would be insignificant and therefore the cost calculated for road maintenance is excessive and unreasonable;

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3. The applicant considers that surrounding commercial farming activities generate more traffic but do not pay maintenance contributions and further, that the quarry site is not currently used for farming activities;

In answer to these points:

The benefitted rate of $1,200 per annum was calculated using 2 return trips per day as the applicant suggests. The logic used to calculate the benefitted rate is:

Currently Gardners Lane services 3 properties that generate about 10 trips/day. Steys Road services 6 properties that generate approximately 40 trips/day. Harvey Siding Road is classified Sub-Arterial and services many properties. For the purposes of this calculation a current road usage figure of 40 trips/day has been assumed for the Gardners Lane – Steys Road section.

The increase to 3000 tonnes/annum extraction rate will generate approximately 4 additional trips/day; 2 laden outbound trips and 2 empty return trips (2 return trips per day). This is approximately a 10% increase in traffic on these roads.

Gardners Lane and Steys Road are currently in serviceable condition but will require additional maintenance due to the development. Assuming a gravel top-up every 10 years at approximately $45,000 per treatment and grading once or twice per year at $7,500 per year the current total maintenance expenditure is approximately $12,000 per year. A projected 10% increase in traffic will increase maintenance expenditure to $13,200 – an increase of approximately $1,200 per year.

On this basis the condition to levy a benefitted rate of $1,200 per annum for maintenance purposes is considered reasonable and should be applied.

3. BUDGET IMPLICATIONS

Should Council agree to a reduction in the contribution required or the benefitted rate applied review of the haul route, installation of improved warning signs and future maintenance work will need to be fully funded by Council.

4. POLICY IMPLICATIONS

Nil

5. CONSULTATION

5.1 Internal

Engineering Directorate

5.2 External

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Nil.

6. CONCLUSION

Representations in regards to an approved extractive industry have been reviewed and it is not considered appropriate to vary the conditions in regards to road upgrading contribution or a benefited rate for future maintenance purposes.

7. ATTACHMENTS:

Nil.

M12/06/12 Moved: Cr I.T. Petersen Seconded: Cr R.A. Gâté

That in relation to Development Application 2011-0878 for Material Change of Use (Extractive Industry – Sandstone Quarry < 3 000T a Year) over Lot 4 SP115730, located at 30 Gardners Lane, Curra, Council not issue a Negotiated Decision Notice but retract its advice that a benefited rate will apply to the site following commencement of the use.

Carried

ADJOURNMENT OF MEETING

The Meeting adjourned for morning tea at 10.10 am.

RESUMPTION OF MEETING

The Meeting resumed at 10.32 am.

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5/11 Development Application for Material Change of Use – General Industry (Servicing & Repairs of Heavy Vehicles - Rural Farming/Mining Plant & Equipment) and Environmentally Relevant Activity (ERA #21 – Motor Vehicle Workshop) –) at 64 Traveston Crossing Road Kybong for River Junction Qld Pty Ltd

PORTFOLIO: Planning and Development

DIRECTORATE: Planning and Development

AUTHOR: Director of Planning and Development – M. Hartley Planning Officer - Kasia Fuller

DOC ID: 2011-1679

LINK TO CORPORATE / OPERATIONAL PLAN:

Operational Plan – Program 4 - Planning and Development, 4.1 (ii) Applications

1. BACKGROUND & PREVIOUS COUNCIL CONSIDERATION

Nil.

2. REPORT

FILE NO: 2011-1679 APPLICANT: River Junction Qld Pty Ltd RPD: Lot 2 MCH3180 SITE ADDRESS: 64 Traveston Crossing Road Kybong CURRENT USE OF LAND: Rural (farming and residential dwelling) PROPOSAL: General Industry (Servicing & Repairs of Heavy Vehicles – Rural Farming/Mining Plant & Equipment) and Environmentally Relevant Activity (ERA #21 – Motor Vehicle Workshop) EXISTING ZONE: Rural APPLICATION ADVERTISED: 13 April 2012 ADVERTISING CLOSED: 9 May 2012 SUBMISSIONS RECEIVED: Nil

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2.1 INTRODUCTION

2.1.1 The Proposal

This application seeks a development permit for a material change of use for a general industry to establish a 600m2 shed with a 150m2 mezzanine to accommodate the following:

Workshop; Parts storeroom; Meeting room; Two offices; 6m x 8m deck; Staff facilities i.e. lunch room and amenities.

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The owners have a civil contracting company which currently undertakes work in Blackwater and are proposing to use the site for a workshop to service their own machinery and store spare parts etc.

The applicant has stated that minimal repairs and servicing of plant will be undertaken at the site, it is predominantly to be used to repair parts of machinery, not the machine itself.

The height of the shed is 5.4 metres (wall height) to 8.0 metres at the apex.

The building is to be setback approximately 20 metres from the Traveston Crossing Road frontage.

10 car parking spaces are proposed.

The hours of operation are proposed to be 6am to 6pm, Monday to Friday with a maximum of six staff on site at any one time and an average of 2-3 staff on site daily.

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2.1.2 Site Description

The 41.347ha site is currently improved with a dwelling and associated outbuilding and a farm shed.

The site fronts Traveston Crossing Road and the Bruce Highway, with the existing and proposed access points located off Traveston Crossing Road. The proposed access point is approximately 600 metres to the Bruce Highway.

The site is predominately cleared of vegetation.

The Mary River borders the site along the western boundary.

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2.1.3 Surrounding Land Uses

Surrounding land uses in this locality are predominantly for rural purposes. The lots range in size from approximately 2.5 hectares to 37 hectares.

2.1.4 Site History

- Nil

2.2.0 STATUTORY REQUIREMENTS

2.2.1 Intent of the Zone

The Rural Zone intends to preserve rural uses and ensure that valuable economic resources are sustainably used.

2.2.2 Compliance with the Planning Scheme

(a) Scheme Definition

General Industry is defined as:

‘the use of premises for any industrial activity that is not an extractive industry, a low impact industry, rural industry or a special industry.

The term includes operating a workshop for carrying out motor vehicle mechanical or panel repairs.

The term also includes the sale of goods resulting from, and administration work connected with, the operations provided that such sales and administration space is not more than 20% of the total use area’.

(b) Development Provisions

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This proposal for a General Industry, is impact assessable development, and therefore subject to public notification.

As this proposal is impact assessable development it is subject to assessment under the entire 2005 Cooloola Shire Planning Scheme.

The most appropriate codes within the 2005 Cooloola Shire Planning Scheme have been outlined below, and constitute some of the town planning considerations.

Rural Planning Area Code

The Rural Planning Area Code states that the overall outcomes for industrial uses in the Rural Zone:

‘(a) create a demonstrated community benefit and economic opportunity; and (b) are of a nature and scale precluding a location in other zones; or (c) must be located in accordance with community expectations.’

It is considered that the proposal does not meet these outcomes and it has not been demonstrated by the applicant that the proposed development is unable to be located on an alternative site more suitably zoned. Council’s information request highlighted that the proposed use is not excessively large to preclude its location on a site more suitably zoned and closer to the urban area and suggested that further justification be submitted to demonstrate an overriding need for this use to be located on this site. The applicant submitted that the main purpose for locating the use on this site is security and the ability to have an on-site caretaker and stated that the use is not intended to serve the public or generate large numbers of traffic movements.

The proposed use could be accommodated on an industrial site or alternative closer to the urban area and still have the ability to have a caretaker’s residence on-site as allowed for under the Planning Scheme.

The proposal has not demonstrated a community benefit and is not considered to be located in accordance with community expectations given its current rural zoning and unlikely industrial expectations in the near future.

The proposed development area is approximately 1200m2 including a 600m2 shed, driveways, car parking and hardstand areas. For an industrial development this is not considered to be necessarily of a scale which would preclude its location in an appropriately zoned industrial area.

Resource Areas Code Council’s mapping indicates the majority of the site contains Class A Good Quality Agricultural Land (GQAL). The Resource Areas Code is intended to preserve GQAL present within rural areas. The development site contains predominately Class A GQAL. The Code

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states uses of land that do not have a specific locational requirement to be situated on GQAL do not alienate good quality agricultural land unless there is an overriding need for the development in terms of public benefit and no other site is suitable for the particular purpose. These outcomes are not achieved.

2.2.3 Local and/or State Planning Polices

The proposed development is considered to be in conflict with State Planning Policy 1/92 Development and the Conservation of Agricultural Land.

Subsequent to this application being submitted to Council in December 2011, State Planning Policy 1/12 for Protection of Queensland Strategic Cropping Land was introduced which identifies the site as ‘potential strategic cropping land’. Should the development have been submitted after January this the application would have triggered referral to DERM (now DEHP).

It is worth noting that the intent of SPP 1/12 is to manage and protect development impacts on strategic cropping land or potential strategic cropping land to preserve the productive capacity of the land for future generations and the development would appear to conflict with this intent.

2.3 OTHER PLANNING CONSIDERATIONS

2.3.1 Appropriateness of the Proposal

The proposed use is not considered appropriate in this location. Council’s planning scheme accommodates the location of some industrial uses within the rural zone, based on the inappropriateness of some uses within the built up area and also their need for large areas (and potential buffers).

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The proposed use is not considered excessively large to preclude its location on a site more suitably zoned and closer to the urban area. Additionally, the grounds submitted with the application are not considered to have addressed a demonstrated need for the proposed use to be located on this site.

The current preparation of a new planning scheme will likely see the allocation of significant additional industrial zoned land and it is noted that this site was not included in any industrial investigation areas in the industrial land study.

Any approval of the proposal could also pose difficulties for Council in limiting its scale should future application/s be submitted for expanding the use.

2.3.2 Impact on Amenity

The proposed shed is not considered to adversely impact on the amenity of the area any more than a typical farm shed in this location, however the overall development site including the additional hard stand and car parking area could be considered to detract from the rural amenity of the area. The applicant has proposed some landscaping to the frontage of the site to screen the use from Traveston Crossing Road. This may assist in reducing impacts and screen any vehicles or plant stored outside the building.

A noise report was requested in Council’s information request, however the applicant declined to provide this advising that it was indicated in the pre-application meeting that a noise report would not be required. Regardless of the verbal advice given in a pre-application meeting, assessment of the proposal determined that further details relating to potential noise and the impact on several surrounding residences was necessary. The applicant stated that due to the type of work being carried out within a building, it is not anticipated that the facility will cause any nuisance noise.

2.3.3 Site Access and Traffic

The site fronts the Bruce Highway and Traveston Crossing Road. The existing and proposed access points are located off Traveston Crossing Road. Design Services Division have provided advice that a single access point only should be provided for the safety of road users.

The applicants estimate that traffic generation from the use will be a light vehicle daily and light-medium rigid vehicle approximately 1-2 times per month. This does not include traffic generated from staff which is estimated to be 2-3 people per day. This is also in addition to the existing residence and associated farm use on site.

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2.3.4 Car Parking

10 car parking spaces are proposed and are considered to comply with Council’s Vehicle Parking and Access Code which requires 2 spaces per tenancy plus 1 space per 100m2 of GFA.

2.3.5 Flooding

Part of the site is subject to flooding however a 1 in 100 ARI flood level is not available in this location. Access is available to higher ground if needed.

Appropriate conditions could be included in any approval requiring a flood management plan detailing storage of any hazardous materials and evacuation details.

2.3.6 Landscaping/Open Space

The applicant has proposed some landscaping along the frontage of the site to assist with screening. Appropriate conditions could be included in any approval requiring a properly prepared landscaping plan to nominate species and density prior to planting.

2.3.7 Environmental Impact

Department of Environment and Resource Management, now Department of Environment and Heritage Protection have recommended that the use be located at least 200 metres from the wetland to absorb any potential impacts on the ecological values and water quality of the wetland. The proposed use area achieves this setback.

2.4 PUBLIC NOTIFICATION

The application was advertised for public comment in accordance with the requirements of the Sustainable Planning Act and no submissions were received.

3. BUDGET IMPLICATIONS

Nil.

4. POLICY IMPLICATIONS

The proposal is not consistent with Council’s planning scheme.

5. CONSULTATION

5.1 Internal

Engineering Directorate

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Report: (Design Services Technical Officer – A.C. Walsh)

This engineering report is based on the town planning report dated October 2011 and additional information submitted by KHA Development Managers to develop a General Industry for the servicing and repairs of heavy vehicles (rural farming/mining plant and equipment) on part of Lot 2 MCH3180, 64 Traveston Crossing Road, Kybong.

FRONTAGE ROAD/ACCESS The proposed development has frontage to Traveston Crossing Road which is constructed to a 6 metre wide bitumen sealed standard. The application shows a second access point from Traveston Crossing Road to the proposed workshop. For the safety of the motoring public, only one access point should be allowed to the property at the location of the existing access where the required sight visibility distances can be achieved.

CONTRIBUTIONS With previous application for industrial uses in the Rural zone, eg Flood Road and East Deep Creek area, a contribution was levied on the amount stipulated in the Rural Residential Road Contribution Policy comparative to the number of trips generated.

Should this approach be considered suitable in this instance, a contribution could be justified as follows:

600m2 ÷ 100 + 2 (ie 2 trips / 1002) ÷ 10 x $11,757 = $14,108

FLOODING The property is subject to flooding, however a 1 in 100 year ARI flood level is not available for this location. Evacuation routes would be available to higher ground if required.

WATER As the proposed development is not serviced by a reticulated water supply, potable water meeting the relevant Health Standards will be required to be provided.

EFFLUENT DISPOSAL Effluent disposal will be required to be installed to meet the requirements of the Queensland Plumbing and Wastewater Code.

5.2 External

CONCURRENCE AGENCIES

(a) Department of Transport and Main Roads

The proposal required referral to DTMR due to its proximity to the Bruce Highway.

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This Agency has no requirements.

ADVICE AGENCIES

(a) Energex

Third party advice was sought from this Agency due to existing Energex lines traversing the site.

This Agency has suggested Council take the following into account as part of its assessment:

- That satisfactory clearance is maintained from the proposed structure to the existing and/or future electricity wires. They note that as the lines were not shown on the proposal plans it is the responsibility of the applicant to ensure that safety clearances are maintained.

(b) Department of Environment and Heritage Protection

The proposal required referral to DEHP due to proximity to wetlands along the eastern and western boundaries of the site.

This Agency has suggested Council take the following into account as part of its assessment:

- A 200 metre buffer area is recommended between any proposed works and the wetland to ensure that ecological values and water quality are maintained. The proposed use area is located at least 200 metres from the wetlands.

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6. CONCLUSION

The proposed general industry has no particular attributes that warrant its location in a rural zone.

The site is not located within close proximity to any existing industrial land or uses and is not likely to be designated for industrial purposes in the foreseeable future.

Whilst the proposed industry is recognised of some importance to the region its specific need to be at the location proposed has not been proven and an approval would compromise the integrity of Council’s Planning Scheme and its future intentions. Therefore with due consideration for the abovementioned information, the application is recommended for refusal.

7. ATTACHMENTS:

Nil.

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M13/06/12 Moved: Cr L.J. Friske Seconded: Cr I.T. Petersen

That the matter be referred back to Council Staff to provide conditions that would support approval.

Carried

Gympie Regional Council Ordinary Meeting 13 June 2012 127

SECTION 6: SOCIAL WELLBEING

6/1 Lease to Gympie & Districts Netball Association Inc

PORTFOLIO: Social Wellbeing

DIRECTORATE: Corporate Services Directorate

AUTHOR: Debbie Jenkins, Corporate Administration Manager

DOC ID: 1573361

LINK TO CORPORATE / OPERATIONAL PLAN: Outcomes 1.4 and 1.2(iv) respectively

1. BACKGROUND & PREVIOUS COUNCIL CONSIDERATION The Gympie & Districts Netball Association Inc have a current lease over the netball courts at Rose Street, Gympie until 30th June 2020. There are also other lessees co-existing on the Reserve.

The Cooloola Car Club has disbanded and the lease surrendered accordingly. Due to the condition of the clubhouse, and the building has since been removed. The Gympie & Districts Netball Association Inc has now constructed a new shade shelter in this location.

The Association has requested a review of their current lease to amend the area and some of the conditions. They have also advised of ongoing issues with the amenities block and requested Council install new toilets so the Association does not incur additional expenses through repairs and maintenance.

Minute P03/05/09 Recommend that Council endorses the Tozer Park Depot site as the preferred relocation site for the Gympie netball courts and proceeds with necessary planning and consultation activities to determine the ultimate layout for a multi-purpose recreational precinct.

Minute F09/01/11 Recommend that: 1. Council remove the current structure on Lease Area B within Lot 140 on MCH 4786, Hyne Street, Gympie, as soon as possible; 2. The lease with the Cooloola Car Club inc. be surrendered; and 3. The Gympie Remote Control Club Inc be advised accordingly and invite representatives from their club to meet with the Mayor and appropriate staff to further discuss the matter

Minute F05/06/11

Gympie Regional Council Ordinary Meeting 13 June 2012 128

Recommend that an amount of $742.43 being over consumption caused by a leaking toilet, be written off and that the toilet block be included in the new lease.

2. REPORT Property Address: Lot 140 MCH 4786 located on Rose Street, Gympie, Reserve 840

Tenure: Council is Trustee of the Reserve (Recreation)

Current Use: The Recreation Reserve is currently leased by the Gympie & District Netball Association Inc (Lease A - Lot 140 MCH 4786), the Gympie Historic Auto Club Inc (Lease C - Lot 140 MCH 4786) and the Caledonian Pipe Band (Lease A – Lot 248 MCH 4224).

Locality Plan:

Existing Lease Area A Netball Association

Lease Area C Historic Car Club

Caledonian Pipe Band Lease

Demolished Clubhouse - Cooloola Car Club

Proposed New Lease Area:

Gympie Regional Council Ordinary Meeting 13 June 2012 129

The Association has invested substantial time and funds into improvements on the site including court repairs, seating stands, shade shelter, garden shed and fencing and accordingly has requested a revised lease area to include all the new facilities and exclude an area which is not being utilised.

The existing amenities block is currently maintained by the Association and are locked when they are not present at the site. Council previously resolved that this building should also be included in any new lease area.

The existing lease is current until 30 June 2020, but due to the area being amended a new lease is required.

3. BUDGET IMPLICATIONS Within Budget allocations

4. POLICY IMPLICATIONS

5. CONSULTATION Gympie & Districts Netball Association Inc. Council’s Co-ordinator Health & Environmental Services, Ian Wolff

Gympie Regional Council Ordinary Meeting 13 June 2012 130

Council’s Parks Manager, Ed French

6. CONCLUSION A new lease is required to ensure that the Association has tenure over the appropriate area of land.

7. ATTACHMENTS: Nil

M14/06/12 Moved: Cr L.J. Friske Seconded: Cr R.A. Gâté

That:

1. Council surrender the existing Trustee Lease to Gympie & Districts Netball Association Inc and offer a new lease over Lot 140 on MCH4786 off Rose Street, Gympie, subject to Minister’s consent, in Council’s standard trustee lease format and the mandatory conditions imposed by the Department of Natural Resources and Mines, to include the following terms and conditions:

(a) Term of Lease – 10 years; (b) Rental – $100.00 pa + GST + CPI; (c) Use – Community Facility (d) The Lessee to hold public liability insurance in a sum not less than $20,000,000.00 or such other amount that Council shall determine from time to time in the name of the Lessee and Gympie Regional Council; (e) All costs associated with the preparation, stamping and registration of the Lease be borne by the Lessee.

2. The Gympie & Districts Netball Association Inc be advised that no further works will be undertaken with regard to the toilet block.

Carried

Gympie Regional Council Ordinary Meeting 13 June 2012 131

SECTION 7: ENVIRONMENT

Gympie Regional Council Ordinary Meeting 13 June 2012 132

SECTION 8: GOVERNANCE & ECONOMIC DEVELOPMENT

8/1 Delegations Register Updates

PORTFOLIO: Governance and Economic Development

DIRECTORATE: Corporate Services

AUTHOR: Debbie Jenkins, Manager Corporate Administration

DOC ID:

LINK TO CORPORATE / OPERATIONAL PLAN: Operational Plan Outcome 1.2 (ii)

1. BACKGROUND & PREVIOUS COUNCIL CONSIDERATION Following the introduction of the Local Government Act 2009, Council is required to review the delegations register on a regular basis to reflect any necessary changes.

2. REPORT King and Company Solicitors have been engaged by LGAQ to review the current Delegations Register in line with the changes brought about by the introduction of the Local Government Act 2009.

The Register has been prepared in accordance with the requirements of Section 257 of the Local Government Act 2009 for each power under the Local Government Act or another Act which may be delegated by Council to the Chief Executive Officer and Section 259 of the Local Government Act for each power of the Chief Executive Officer which may be delegated by the Chief Executive Officer to an appropriately qualified employee or contractor of Council.

The document contains the quarterly updates required to Gympie Regional Council’s Delegations Register from Council to the CEO containing the relevant legislation at the time of compilation by King and Co. Solicitors.

It is noted that amendment of legislation is an ongoing process and as such the Delegations Register will need to be amended as and when changes in relevant State Legislation occurs.

3. BUDGET IMPLICATIONS Nil

4. POLICY IMPLICATIONS

5. CONSULTATION Corporate Services Directorate

Gympie Regional Council Ordinary Meeting 13 June 2012 133

6. CONCLUSION Accordingly it is noted pursuant to Section 260 of the Local Government Act 2009 provides that Council’s CEO must establish a register of delegations that contains the particulars prescribed under a regulation and must record all delegations by Council, the Mayor or the CEO in the register. The public may inspect the register for delegations.

7. ATTACHMENTS: Nil

M15/06/12 Moved: Cr A.J. Perrett Seconded: Cr M.W. Curran

That all powers referred to in the document titled “Extract - Register of Delegations – Council to CEO” enclosed in this report are delegated by Council to the Chief Executive Officer of Council pursuant to Section 257 of the Local Government Act 2009.

Gympie Regional Council

EXTRACT REGISTER OF DELEGATIONS COUNCIL TO CEO

Building Act 1975

DELEGAT DESCRIPTION OF POWER DELEGATED LEGISLATION E Chief Power, as local government, to approve, with or without conditions, a Section Executive later day for a residential care building to comply with section 231AK 231AK(a)(iii) and Officer of the Building Act. (b)(iii) and section 231AL Building Act 1975 Chief Power, as owner of adjoining land, to agree with the pool owner as to Section 245XB(2) Executive the construction of a pool barrier along the common boundary. Building Act 1975 Officer Chief Power, as owner of adjoining land, to agree with the pool owner as to Section 245XD(2) Executive the alteration or replacement of a dividing fence that is used, or Building Act 1975 Officer proposed to be used, as a pool barrier along the common boundary. Chief Power, as owner of adjoining land where a pool barrier is constructed Section 245XF(2) Executive along the common boundary for a pool on the other land, to: and (3) Building Act Officer 1975  alter or replace the part of the pool barrier with the agreement of the pool owner; or  attach a think on the part of the pool barrier that does not unreasonably or materially alter or damage the barrier. Chief Power, as owner of adjoining land, to grant access to Council’s land to Section 245XG(1) Executive the owner of the other land to carry out fencing work. Building Act 1975 Officer Chief Power, as owner of adjoining land, where Council has carried out Section 245XN(2) Executive urgent fencing work under section 245XK of the Building Act and the Building Act 1975 owner of the other land is responsible for some or all of the costs of Ordinary Meeting 13 June 2012 135

DELEGAT DESCRIPTION OF POWER DELEGATED LEGISLATION E Officer carrying out the fencing work under section 245XH of the Building Act, to require the owner of the other land to contribute a share for any reasonable cost incurred for the fencing work. Chief Power, as owner of adjoining land, to apply to QCAT, in the absence of Section 245XS(1) Executive the owner of the other land, for authorisation to carry out fencing work, Building Act 1975 Officer including apportionment of the contributions for the work. Chief Power, as owner of adjoining land, where an order has been made under Section 245XS(3) Executive section 245XS(1) of the Building Act and the owner of the other land Building Act 1975 Officer has since been located, to give a copy of the order to the owner of the other land and recover the contribution as stated in the order. Chief Power, as owner of adjoining land, where the owner of the other land Section 245XV(2) Executive has carried out fencing work for a dividing fence forming part of a pool Building Act 1975 Officer barrier without authorisation, to apply to QCAT for an order requiring the owner to rectify the dividing fence. Chief Power, as local government, to make a complaint for an offence against Section 256(2)(d) Executive section 245G(1) of the Building Act 1975. Building Act 1975 Officer Chief Power, as local government, to make a complaint for an offence against Section 256(2)(e) Executive section 245K, 245L or 246AR(2) of the Building Act 1975. Building Act 1975 Officer Chief Power, as local government, to make a complaint for an offence against Section 256(2)(f) Executive section 246AD(2) or 246AJ(4) of the Building Act 1975. Building Act 1975 Officer Chief Power, as local government, to make a complaint for an offence against Section 256(2)(g) Executive section 246AP(2) of the Building Act 1975. Building Act 1975 Officer Chief Power, as local government, to make a complaint for an offence against Section 256(2)(h) Executive chapter 8, part 4, division 5, subdivision 2, other than section Building Act 1975

Gympie Regional Council Ordinary Meeting 13 June 2012 136

DELEGAT DESCRIPTION OF POWER DELEGATED LEGISLATION E Officer 246ATH(2) of the Building Act 1975. Chief Power, as local government, to make a complaint for an offence against Section 256(2)(i) Executive chapter 8, part 5 of the Building Act 1975. Building Act 1975 Officer Chief Power, as local government, to make a complaint for an offence in the Section 256(2)(k) Executive Building Act 1975 other than an offence listed in section 256(2)(a)-(j) of Building Act 1975 Officer the Building Act.

Gympie Regional Council Ordinary Meeting 13 June 2012 137

EXTRACT REGISTER OF DELEGATIONS COUNCIL TO CEO

Environmental Protection (Waste Management) Regulation 2000

DELEGAT DESCRIPTION OF POWER DELEGATED LEGISLATION E Chief Power to require a container to be kept at a particular place at a Section 10E(1)(a) Executive premises. Environmental Officer Protection (Waste Management) Regulation 2000 Chief Power to designate a location for the collection of waste from a place. Section 10E(2) Executive Environmental Officer Protection (Waste Management) Regulation 2000 Chief Power to give written approval to the owner or occupier of premises for Section 10I(2) Executive depositing and disposing of waste and to impose conditions on the Environmental Officer approval. Protection (Waste Management) Regulation 2000 Chief Power to require the owner or occupier of premises to bury nightsoil in Section 10O Executive a particular place. Environmental Officer Protection (Waste Management) Regulation 2000

Gympie Regional Council Ordinary Meeting 13 June 2012 138

Local Government (Operations) Regulation 2010

DELEGAT DESCRIPTION OF POWER DELEGATED LEGISLATION E Chief Power to publish a notice of the days and times of the local Section 74(1) Local Executive government's ordinary meetings and its standing committees' ordinary Government Officer meetings in a newspaper circulating generally in the local government (Operations) area. Regulation 2010 Chief Power to display a notice of the days and times of the meetings of the Section 74(2) Local Executive local government and its committees in a conspicuous place in its public Government Officer office. (Operations) Regulation 2010 Chief Power to immediate notify of any change to the dates and times Section 74(3) Local Executive mentioned in section 74(1) and section 74(2) in the same way as these Government Officer dates were previously notified. (Operations) Regulation 2010 Chief Power to publish the list of items to be discussed at a meeting of the Section 74(5) Local Executive local government, including details or documents relating to an item, on Government Officer the local government's website. (Operations) Regulation 2010 Chief Power to develop and publish an EEO management plan. Section 125 and Executive 126 Local Officer Government (Operations) Regulation 2010 Chief Power to implement an EEO management plan Section 127 Local Executive Government Officer (Operations)

Gympie Regional Council Ordinary Meeting 13 June 2012 139

DELEGAT DESCRIPTION OF POWER DELEGATED LEGISLATION E Regulation 2010

Gympie Regional Council Ordinary Meeting 13 June 2012 140

Plumbing and Drainage Act 2002

DELEGA DESCRIPTION OF POWER DELEGATED LEGISLATION TE Chief Power to carry out a compliance assessment of plans or work in relation Section 84 Executive to compliance assessable work or on-site sewerage work by or for a Plumbing and Officer public sector entity and, if satisfied, issue a compliance permit if it is a Drainage Act 2002 plan and a compliance certificate if it is for a work. Chief Power, as a relevant service provider, to give written consent before a Section 84(5) Executive compliance permit or certificate is issued. Plumbing and Officer Drainage Act 2002 Chief Power to respond to a compliance request for compliance assessable Section 85 Executive work or on-site sewerage work, including requesting further Plumbing and Officer information, deciding the request and imposing reasonable and relevant Drainage Act 2002 conditions. Chief Power to give a copy of a compliance permit to: Section 85(8) Executive Plumbing and a) The owner of premises to which a permit relates; and Officer Drainage Act 2002 b) The water services provider, where Council is not the provider, and the work involves the installation of water meters. Chief Power, upon refusal to give a compliance permit or the grant of a Section 85(10) Executive compliance permit on conditions, to give the person who made the Plumbing and Officer request and information notice about the decision. Drainage Act 2002 Chief Power to assess and decide all requests for compliance assessment for Section 86 Executive compliance assessable work or on-site sewerage work according to the Plumbing and Officer provisions of the Plumbing and Drainage Act 2002 and Standard Drainage Act 2002 Plumbing and Drainage Regulation 2003.

Gympie Regional Council Ordinary Meeting 13 June 2012 141

DELEGA DESCRIPTION OF POWER DELEGATED LEGISLATION TE Chief Power to decide not to assess compliance assessable work or on-site Section 86(6) Executive sewerage work if an approved person for the assessment gives Council Plumbing and Officer a notice in the approved form verifying that the work complies with the Drainage Act 2002 relevant compliance permit and the Standard Plumbing and Drainage Regulation 2003. Chief Power to ask the person making a request to assess compliance Section 86(7) Executive assessable work or on-site sewerage work to supply a plan of the Plumbing and Officer assessed work. Drainage Act 2002 Chief Power to assess notifiable work that has been completed. Section 87(4) Executive Plumbing and Officer Drainage Act 2002

Gympie Regional Council Ordinary Meeting 13 June 2012 142

Sustainable Planning Act 2009

DELEGAT DESCRIPTION OF POWER DELEGATED LEGISLATION E Chief Power, for development infrastructure that is land, to give the applicant Section 648K(2) Executive or person who requested compliance assessment a notice, in addition or Sustainable Officer instead of a notice given under section 648F, requiring them to give Planning Act 2009 Council, in fee simple, part of the land the subject of the application or request for compliance assessment. Chief Power, upon receipt of a notice under section 680ZB to note the Section 680ZE Executive registration on Council’s planning scheme, and any new planning Sustainable Officer scheme Council makes before the registration ends. Planning Act 2009

Gympie Regional Council Ordinary Meeting 13 June 2012 143

Transport Infrastructure (Public Marine Facilities) Regulation 2011

DELEGAT DESCRIPTION OF POWER DELEGATED LEGISLATION E Chief Power to manage the public marine facilities listed in schedule 1. Section 5, 7, and Executive Schedule 1 Officer Transport Infrastructure (Public Marine Facilities) Regulation 2011 Chief Power, as a manager of a public marine facility, to give written Section 6(b)(i) Executive approval for the use of the facility for a commercial purpose. Transport Officer Infrastructure (Public Marine Facilities) Regulation 2011 Chief Power, as a manager of a non-State managed boat harbour, to pay to Section 79 Executive the chief executive the fees stated in schedule 3 for each mooring in Transport Officer the boat harbour. Infrastructure (Public Marine Facilities) Regulation 2011 Chief Power, as a manager of a non-State managed boat harbour, to ask the Section 81(2) Executive chief executive to enter into another arrangement for the payment of Transport Officer fees under section 79. Infrastructure (Public Marine Facilities) Regulation 2011

Gympie Regional Council Ordinary Meeting 13 June 2012 144

Water Act 2000

DELEGATE DESCRIPTION OF POWER DELEGATED LEGISLATION

Chief Power, as a constructing authority, to take water in an emergency Section 20(8) Water Executive situation for constructing or maintaining infrastructure without a water Act 2000 Officer entitlement. Chief Power, as interim water allocation holder that attaches to land, part of Section 198(3) Executive which has been disposed of, to apply or consent to the other land Water Act 2000 Officer holder/s application, to have one or more interim water allocations to replace the jointly held interim water allocation licence. Chief Power, as interim water allocation holder that attaches to land, part of Section 198(7) Executive which has been disposed of, to make a written submission to the chief Water Act 2000 Officer executive in response to a notice to replace the allocation. Chief Power, as owner of intervening land, to grant the applicant for a water Section 206(3) Executive licence a registrable lease or easement over Council’s land to enable Water Act 2000 Officer them to take the water. Chief Power, as an applicant for a water licence under section 206 or an Section 207 & Executive applicant for the transmission of a water licence under section 212A to 212A(5) Water Act Officer provide any additional information requested by the chief executive. 2000 Chief Power to make written submissions in relation to another entity’s Section 216A(3) Executive application to amend a water licence. Water Act 2000 Officer Chief Power, as water licence holder or a water permit holder, to make Section 218 & 244 Executive submissions in response to a show cause notice issued by the chief Water Act 2000 Officer executive in relation to a proposed amendment to the water licence or cancellation of the water permit.

Gympie Regional Council Ordinary Meeting 13 June 2012 145

DELEGATE DESCRIPTION OF POWER DELEGATED LEGISLATION

Chief Power, as water licence holder or the owner of land to which a water Section 221 Water Executive licence was attached, to apply for reinstatement of an expired water Act 2000 Officer licence. Chief Power, as water licence holder or the constructing authority acquiring Section 222 & Executive land under the Acquisition of Land Act 1967 to which an interim 198A & 229B Officer water allocation or water licence is attached, to apply to transfer a Water Act 2000 water licence or the interim water allocation or water licence. Chief Power, as the new owner of land to which a water licence attaches, to Section 228(5) Executive give the chief executive notice that the previous licensee has ceased to Water Act 2000 Officer be the licensee. Chief Power, as owner of land to which a jointly held water licence attaches, Section 229(3) Executive to apply for 1 or more licences to replace the jointly held licence. Water Act 2000 Officer Chief Power, as owner of land to which a jointly held water licence attaches Section 229(3) Executive and to whom a notice has been given under section 229(7) of the Water Act 2000 Officer Water Act, to make a submission about the chief executive’s proposal to amend, subdivide or cancel the licence. Chief Power, as an applicant under section 231, to provide any additional Section 232 Water Executive information requested by the chief executive. Act 2000 Officer Chief Power as an applicant for a water permit under section 237 to provide Section 238 Water Executive the chief executive with any additional information requested. Act 2000 Officer Chief Power, as water permit holder or the holder of a seasonal water Section 243 & 146 Executive assignment notice, to surrender the water permit. & 236 Water Act Officer 2000 Chief Power, as the registered owner of the land containing the watercourse Section 266(2A) Executive or part of the lake or spring or adjoining the watercourse, lake or Water Act 2000

Gympie Regional Council Ordinary Meeting 13 June 2012 146

DELEGATE DESCRIPTION OF POWER DELEGATED LEGISLATION Officer spring to which an application under section 266 relates, to provide written consent to the proposed activity. Chief Power, as an applicant under section 266 top provide any additional Section 267 Water Executive information requested by the chief executive. Act 2000 Officer Chief Power, as quarry material allocation notice holder, to surrender the Section 291A Executive allocation notice. Water Act 2000 Officer

Gympie Regional Council Ordinary Meeting 13 June 2012 147

Water Supply (Safety and Reliability) Act 2008

DELEGATE DESCRIPTION OF POWER DELEGATED LEGISLATION

Chief Power, as service provider, to reduce the water supply to premises to Section 169(2) Executive the minimum level necessary for health and sanitation purposes, Water Supply Officer where the owner or occupier has not complied with a notice issued (Safety and under section 169(1) of the Water Supply (Safety and Reliability) Act Reliability) Act 2008 and the service provider is not a withdrawn SEQ Council. 2008

Gympie Regional Council Ordinary Meeting 13 June 2012 148

Workers’ Compensation and Rehabilitation Act 2003

DELEGATE DESCRIPTION OF POWER DELEGATED LEGISLATION

Chief Power, as a principal contractor for a construction project, to by Section 576C Executive written notice, ask the relevant contractor for a copy of a required Workers’ Officer document. Compensation and Rehabilitation Act 2003

Carried

Gympie Regional Council

9/3 Acquisition of Native Title Rights for Purchase of Reserve land – Groundwater Road, Southside

PORTFOLIO: Infrastructure

DIRECTORATE: Corporate Services Directorate

AUTHOR: Debbie Jenkins, Manager Corporate Administration

DOC ID: 1571115

LINK TO CORPORATE / OPERATIONAL PLAN: Outcome 4.3 and Outcome 6.3(i), respectively

1. BACKGROUND & PREVIOUS COUNCIL CONSIDERATION Council is the trustee of a Reserve for Camping purposes described as Lot 233 on Crown Plan LX169 situated at the corner of Groundwater and Sorensen Roads, Southside (the Reserve). Council has constructed sewerage infrastructure on part of the Reserve. Council has identified that as the community grows and demand increases that the reticulation system will need to be expanded and proposes to purchase the Land in freehold for sewerage purposes.

To facilitate the purchase, Council resolved on 25 January 2012 to compulsorily acquire any and all native title rights and interests over Land described as Lot 233 on CP LX169.

After Council's resolution of 25 January 2012 it was ascertained that Council will not need to acquire native title over all of Lot 233 but only that part described as Lot 1 on SP240978.

Council served a Notice of Intention to Acquire Native Title Rights and Interests ("Notice") and Background Information Statement upon the Queensland South Native Title Services, as the Representative body for the area, seeking to acquire native title over Lot 1 on SP240978.

The Notice provided that the native title party and Representative body could object to and/or provide comments upon the proposed compulsory acquisition of native title rights and interests within the period specified in the Notice. No objections or comments were received.

F03/01/12 Ordinary Meeting 13 June 2012 150

‘Recommend that Council commences the process to compulsorily acquire any and all native title rights and interests over land described as Lot 233 on Crown Plan LX169 for sewerage purposes.

Further that Council serves a Notice of Intention to compulsorily acquire Native Title Rights and Interests and a Background Information Statement on Queensland South Native Title Services Limited (Aboriginal Corporation) as the Representative Aboriginal body and native title party for the land in order to commence the compulsory acquisition process.

Further that Council delegates authority to the Chief Executive Officer to attend, on Council’s behalf, any objection meeting to be held in relation to the proposed compulsory acquisition of native title over the land.’

2. REPORT Property Address: Lot 233 on LX169, Groundwater Road, Southside.

Tenure: Reserve for Camping where Council is Trustee.

Current Use: Pump Station

Gympie Regional Council Ordinary Meeting 13 June 2012 151

Locality Plan:

Area of land to be acquired (Lot 1 on SP240978):

If Council wishes to proceed with the compulsory acquisition of native title rights and interests over the Land it must formally resolve to do so,

Gympie Regional Council Ordinary Meeting 13 June 2012 152

to satisfy the Department of Natural Resources and Mines (DNRM)’s policy requirements.

3. BUDGET IMPLICATIONS Initial costs within budget allocation, further costs have not been identified.

4. POLICY IMPLICATIONS Nil

5. CONSULTATION General Manager Water & Sewerage – Mr I Schiefelbein Department Natural Resources & Mines – Debbie Cross, Senior Land Officer MacDonnells Law – Jenny Humphris

6. CONCLUSION In particular Council will need to: (a) Resolve to proceed with the compulsory acquisition; (b) Resolve that an application be made to the Minister to approve the compulsory acquisition.

The Minister must assess the application and decide whether to approve it. Although there are no statutory timeframes, this could take up to four months.

Assuming that the Minister approves the application, the application is referred to the Governor-in-Council to authorise publication of a Gazette Notice.

DNRM arranges for the publication of a Gazette Notice in the Government Gazette. Upon publication of the Gazette Notice, the acquisition of native title rights and interests will be effective. This is a formality and should not take more than four weeks.

Upon completion of the acquisition, Council can progress the freeholding of the land with DNRM.

7. ATTACHMENTS: Nil

Gympie Regional Council Ordinary Meeting 13 June 2012 153

M16/06/12 Moved: Cr L.J. Friske Seconded: Cr W.W. Sachs

That Council make an application to the Minister administering the Acquisition of Land Act 1967 requesting that any native title rights and interests in and over the Land be acquired for sewerage purposes, as Council has served the required Notice of Intention to Acquire Native Title Rights and Interests (“the Notice”) over part of Lot 233 on CP LX169 being the land described as Lot 1 on SP240978 and particularised in the Notice (“the Land”), on Queensland South Native Title Services Ltd and Council did not receive any objection to or comment upon the Notice.

Carried

Gympie Regional Council Ordinary Meeting 13 June 2012 154

9/4 Access Licence Agreement at Rainbow Beach Water Reservoir

PORTFOLIO: Infrastructure

DIRECTORATE: Corporate Services Directorate

AUTHOR: Debbie Jenkins, Manager Corporate Administration

DOC ID: 547588

LINK TO CORPORATE / OPERATIONAL PLAN: Outcome 1.4 and 1.2(iv) respectively

1. BACKGROUND & PREVIOUS COUNCIL CONSIDERATION

United Christian Broadcasters Australia Ltd requested access to the Rainbow Beach water reservoir for the purpose of installing an FM radio relay station. Council resolved to permit the installation however the matter was not progressed into a formal agreement.

Minute W76/10/06 Recommend UCB Australia be advised that Council would permit them to locate a low powered radio relay station on the Council reservoir at Rainbow Beach subject to:

1. Payment of an annual rental of $100.00 per annum adjusted annually based on charges in the CPI. 2. The facility not affecting Council’s operations. 3. Completion/obtaining of all necessary insurances, agreements to the satisfaction of Council. 4. Payment of all costs for set up/installation of the facility (noting that there is no power to the reservoir on the Eastern side of the road

2. REPORT Property Address: Lot 55 on SP152559 (Reserve No. 1597), Cooloola Drive, Rainbow Beach.

Tenure: Council is trustee for Reserve 1597 for Local Government Purposes (Reservoir).

Current Use: Water supply infrastructure.

Gympie Regional Council Ordinary Meeting 13 June 2012 155

Locality Plan:

Photographs of Installation:

Gympie Regional Council Ordinary Meeting 13 June 2012 156

UCB Australia requested permission on behalf of the local churches, to locate a low-power FM radio relay station on the Rainbow Beach water tower. United Christian Broadcasters is a registered non-profit organisation that produces the Vision Radio Network.

The installation enables the services to be received by people in Rainbow Beach and the surrounding communities and compliments the Cooloola Cove service. The equipment consists of an antenna, satellite disk, satellite receiver, transmitter and associated cables.

There are also two digital facilities nearby. Telstra and Optus have lease agreements with DERM over two small sites which have been excised out of the Council reserve.

UCB Australia installed the equipment some time ago and it has been now brought to our attention that no formal agreement is in place. No problems have been encountered with their access to the facility, however, the proposed agreement is required to formalise the tenure arrangement.

Council’s General Manager Water & Sewerage Division has advised that there are no concerns with respect to offering a facilities access licence agreement over the current area.

Gympie Regional Council Ordinary Meeting 13 June 2012 157

3. BUDGET IMPLICATIONS Within budget allocations

4. POLICY IMPLICATIONS

5. CONSULTATION Ian Schiefelbein, General Manager Water and Sewerage Division

6. CONCLUSION A formal agreement should be entered into to formalise United Christian Broadcasters Australia Ltd access to the site.

7. ATTACHMENTS: Nil

M17/06/12 Moved: Cr A.J. Perrett Seconded: Cr R.A. Gâté

That Council offer a Facilities Access Licence Agreement to United Christian Broadcasters Australia Limited for the installation and maintenance of a low power FM radio relay station equipment on the Council Reservoir located on Lot 55 on SP152559 Cooloola Drive, Rainbow Beach (Reserve No. 1597 for Local Government/Reservoir) and that the agreement include the following terms and conditions:

(a) Term of Agreement – 5 Years (b) Rental – $100.00pa + GST + CPI; (c) Use – FM Radio Relay Station Transmission Site; (d) The Lessee to hold public liability insurance in a sum not less than $20,000,000.00 or such other amount that Council shall determine from time to time in the name of the Lessee and Gympie Regional Council; (e) All costs associated with the preparation of the Licence Agreement be borne by the Licensee; and (f) That approval for installation of the relevant equipment be conditional upon their signals creating no interference to TV or other reception signals whatsoever.

Carried

Gympie Regional Council Ordinary Meeting 13 June 2012 158

SECTION 10: MAJOR PROJECTS & BUSINESS ACTIVITIES

10/1 License Agreements at Old Tozer Park Depot

PORTFOLIO: Major Projects and Business Activities

DIRECTORATE: Corporate Services Directorate

AUTHOR: Debbie Jenkins, Manager Corporate Administration

DOC ID:

LINK TO CORPORATE / OPERATIONAL PLAN: Outcomes 1.4 and 1.2(iv) respectively

1. BACKGROUND & PREVIOUS COUNCIL CONSIDERATION The Mary River Catchment Coordinating Committee (MRCCC) has held a Licence Agreement over the office areas at the Old Tozer Park Depot since 1st January 2008 and this is due to expire 30th September 2012. St John Holdings Limited (St John Ambulance service) has held a Licence Agreement over undercover car parking spaces since 1st September 2009 and this is due to expire 31st August 2012.

F18/10/07 ‘Recommend that Council rent part of the Tozer Park Depot to the Mary River Catchment Co-Ordinating Committee for a 12 month period with a further 12 month options provided that Council does not require the property and that in lieu of annual rent the MRCCC be requested to undertake a general caretaking and maintenance role at the site.’

F06/05/09 ‘Recommend that Council meets with St. John Ambulance and the MRCCC to discuss the car parking at Tozer Park Depot for a period of up to twelve months.’

F10/08/10 ‘Recommend that the St Johns Ambulance be advised that Council will allow them to continue to park their vehicles in the 3 bays at the old Tozer Park Depot with a Licence Agreement for a maximum period of 12 months with Council having an option to terminate with one months notice during this period.’

Gympie Regional Council Ordinary Meeting 13 June 2012 159

F04/07/11 ‘Recommend that Council extend the Licence Agreement to the St John Ambulance for the use of three (3) bays and the old wash bay for the storage of vehicles as requested for up to a further 12 months.

Further that Council advise St John Ambulance that it is unlikely that the Licence Agreement will be extended beyond the next 12 months.

Further that the Tozer Park site management plan be amended accordingly.’

2. REPORT Property Address: Lot 1 on Crown Plan MPH23160, Tozer Park Road, Gympie.

Tenure: The property is owned freehold, by Council.

Current Use:  Occupation by the St John Ambulance of three parking bays and the old wash bay.  Occupation by the Mary River Catchment Coordinating Committee for the use of the former offices and large storage room, former signs depot, toilet facilities, small shade-house, the building commonly known as the ‘lunchroom’ and carparking for up to ten vehicles.  Temporary storage of items relating to the Woodworks Museum.

Locality Plan:

Gympie Regional Council Ordinary Meeting 13 June 2012 160

In lieu of Licence Fees, both associations keep the premises secure, clean and tidy at all times.

During the current term of these agreements, there have been no issues raised regarding the use of the facilities by the two associations.

A Project Plan for the development of the Tozer Park Road Sports Precinct has been prepared over the site. Due to the extensive concept planning required to be undertaken at the site, it is highly unlikely that the site will be required by Council to commence works within the next three years. Project Coordinator, Bob Fredman, recommends that as the past arrangements have worked well, that they continue with no rental payable by the Licensees.

3. BUDGET IMPLICATIONS Within budget requirements

4. POLICY IMPLICATIONS

5. CONSULTATION Bob Fredman, Director of Engineering Services

6. CONCLUSION It is proposed that agreements be entered into so the current arrangements at the old Tozer Park Depot continue with the Mary River Catchment Coordinating Committee and St John Holdings Pty Ltd.

7. ATTACHMENTS: Nil

Gympie Regional Council Ordinary Meeting 13 June 2012 161

M18/06/12 Moved: Cr W.W. Sachs Seconded: Cr I.T. Petersen

That Council offer Licence Agreements to Mary River Catchment Coordinating Committee and St John Holdings Pty Ltd for a period of two (2) years each, no rental payable, with Council having an option to terminate with one months notice during this period.

Carried

Gympie Regional Council Ordinary Meeting 13 June 2012 162

10/2 Extension of Lease Area – Recreational Flying Company Pty Ltd

PORTFOLIO: Major Projects and Business Activities

DIRECTORATE: Corporate Services Directorate

AUTHOR: Debbie Jenkins, Manager Corporate Administration

DOC ID: 1560832

LINK TO CORPORATE / OPERATIONAL PLAN: Outcomes 1.4 and 1.2(iv) respectively

1. BACKGROUND & PREVIOUS COUNCIL CONSIDERATION The Recreational Flying Company Pty Ltd currently has a lease over Lease Area AA at the Gympie Aerodrome until 30th June 2028. They are seeking to expand their lease area to provide for the installation of more professional office facilities. The new office will enable them to better serve customers and students needs as their business grows.

2. REPORT Property Address: Lots 1 and 2 on RP 109088, Lobwein Road, Kybong.

Tenure: Freehold, Council owns both lots.

Current Use: Gympie Aerodrome – various hangar leases.

Master Lease Layout:

Gympie Regional Council Ordinary Meeting 13 June 2012 163

Locality Plan:

The Recreational Flying Company has an existing lease over site Lease Area AA comprising an area of 450m2 and wish to extend the site by 75m2 to incorporate more professional office facilities, as in the sketch below.

Gympie Regional Council Ordinary Meeting 13 June 2012 164

Proposed Extension

Council’s Director of Engineering Services Directorate, Mr Bob Fredman, has offered no objections to this proposal to extend the lease area.

An extension of lease area requires a new lease document to be prepared. The granting of an extension of lease area for a non- community group without going to tender or auction, requires exemption from the Minister for Local Government under the provisions of section 176 of the Local Government (Finance, Plans and Reporting) Regulation 2010.

3. BUDGET IMPLICATIONS Within budget allocations

4. POLICY IMPLICATIONS

5. CONSULTATION Bob Fredman, Director of Engineering Services

6. CONCLUSION To extend the lease area, Council must first apply to the Minister for Local Government for exemption under the provisions of section 176 of the Local Government (Finance, Plans and Reporting) Regulation 2010. Once this approval has been granted, the current lease can be surrendered and a new lease can be issued to include the amended area.

7. ATTACHMENTS: Nil

Gympie Regional Council Ordinary Meeting 13 June 2012 165

M19/06/12 Moved: Cr L.J. Friske Seconded: Cr R.A. Gâté

That:

1. Council approve a new lease area to the Recreational Flying Company Pty Ltd, subject to approval from the Minister for Local Government for an exemption under section 176 of the Local Government (Finance, Plans and Reporting) Regulation 2010 and subject to all planning and building requirements being met.

2. The new lease be in Council’s standard airport lease format and incorporate any new rental fee structure.

3. All costs associated with the issue of the new lease be met by the Lessee.

Carried

Gympie Regional Council Ordinary Meeting 13 June 2012 166

SECTION 9: INFRASTRUCTURE

9/1 Capital Works Program – Eel Creek Road Service Road

PORTFOLIO: Infrastructure

DIRECTORATE: Engineering

AUTHOR: General Manager (Design)

DOC ID:

LINK TO CORPORATE / OPERATIONAL PLAN: Outcome 2.1 / Sub- program 2.1

1. BACKGROUND & PREVIOUS COUNCIL CONSIDERATION

Council has been approached regarding access to properties on Eel Creek Road between Herron Road and Larkin Road at Pie Creek. When Council approved the subdivision of this land in 1982, the developer was required to construct a gravel service road which has now fallen into disrepair.

2. REPORT

When the land on the northern side of Eel Creek Road between Herron Road and Larkin Road was originally subdivided in the early 1980's, the developer was required to construct a service road with a single point of access to Eel Creek Road. This requirement arose because direct accesses to the road would not meet sight distance requirements for numbers 448, 462 and 470 Eel Creek Road. The service road was to provide safe access to numbers 448, 462, 470 and 474 Eel Creek Road.

At the time of construction of the service road, Eel Creek Road was a State-controlled road. Over time the gravel service road has deteriorated. It now receives little use and may be difficult to traverse in wet weather. In addition, at least some of the current property owners have constructed direct accesses to Eel Creek Road without Council approval.

The joint access which has been constructed to numbers 462 and 448 has particularly poor visibility towards the east due to a crest and curve in the road. Available sight distance is 104 metres compared to 170 metres required for a 100k/hr speed environment. A representative of the owner of No. 462 has approached Council about this.

Gympie Regional Council Ordinary Meeting 13 June 2012 167

A speed survey has confirmed that vehicle speeds are in vicinity of 100km/hr and a reduced speed limit is not appropriate.

The solution is to return the service road to a suitable gravel standard. The turnout to the service road will be approximately opposite Daniel Drive and should be bitumen sealed to avoid creating a dust nuisance for the residents of Number 474 Eel Creek Road. The existing, unapproved access to numbers 448 and 462 Eel Creek Road should be removed.

The attached plan shows the location of the service road and details of the works proposed.

3. BUDGET IMPLICATIONS

The estimated cost of this work is $25,000 which could be sourced from unallocated developer contributions.

4. POLICY IMPLICATIONS

Nil. This service road exists due to a condition placed on a developer. It is normal practice that it should be a Council maintained asset.

5. CONSULTATION

Director (Planning and Development) Works Department Staff

6. CONCLUSION

The service road should be reinstated as described in the above report and attached drawing no. 3316/1/1.

7. ATTACHMENTS:

ATTACHMENT 2 - Drawing No. 3316/1/1

Gympie Regional Council Ordinary Meeting 13 June 2012 168

M20/06/12 Moved: Cr A.J. Perrett Seconded: Cr W.W. Sachs

That:

1. Council applies a new gravel surface to the existing service road on Eel Creek Road between Herron Road and Larkin Road and constructs a bitumen turn-out to the service road as shown on Drawing 3316/1/1 to provide safe access to numbers 448, 462, 470 and 474 Eel Creek Road. And that the existing unapproved accesses to these properties be removed.

2. The cost of the works, estimated at approximately $25,000, be funded from unallocated road contributions (Area 6).

3. Letters be sent to the owners and occupants of numbers 448 to 474 Eel Creek Road explaining the work proposed and that the service road provides the approved access to the properties.

Carried

Gympie Regional Council Ordinary Meeting 13 June 2012 169

9/2 Flood Lines

PORTFOLIO: Infrastructure

DIRECTORATE: Engineering

AUTHOR: Director of Engineering – Mr Bob Fredman Manager Major Project – Mr Neil Weller

DOC ID:

LINK TO CORPORATE / OPERATIONAL PLAN:

Report: (Manager, Major Projects – N. Weller)

On 18 October 2010, GHD were commissioned to carry out a flood study of various streams in the Gympie region. This flood study was required as input into the Gympie Regional Council planning scheme and for general building information.

GHD issued a final report in February 2012. From this report Council staff and consultants have produced flood lines that can be used in the Planning Scheme. These flood lines are put to Council for adoption as the 1 in 100 year Average Recurrence Interval flood level for the following streams:

 Nangur Creek and town gully  Chippendal Creek  Wide Bay Creek  Mudlo Gully  One Mile Creek  Gympie Creek  North Deep Creek  East Deep Creek  Deep Creek  Six Mile Creek  Yabba Creek and gullies  Calico Creek  McIntosh Creek  Pie Creek  Eel Creek  Scrubby Creek  Widgee Creek  Little Widgee Creek

Gympie Regional Council Ordinary Meeting 13 June 2012 170

 Mary River from Amamoor Creek to Glastonbury Creek (WBM 2-D Model 2007)

And the following Coastal localities  Tin Can Bay – 100mm depth line  Cooloola Cove – 100mm depth line

Prior to this study, Council had established 1 in 100 year levels in the Gympie reaches of the Mary River only. The WBM 2-D Model developed for the Bruce Highway bypass of Gympie is a more accurate model than that used for the existing adopted 1 in 100 year floodline. The lines are fairly close on the mapping and the level differences are as follows:

Location New level is xxx higher than the old level Eel Creek Minus 0.61m (Lower) Gympie Creek Minus 0.37m (Lower) Mary Street Zero Deep Creek 0.02m Six Mile 0.25m

The 2010 – 2012 Flood study also covered the Mary River from Glastonbury Creek to Curra Creek. We do not have enough confidence in these flood levels to use them as a development constraint. Further work is being done to gain more confidence.

This study also covered Rainbow Beach. Comparison of this study with a study performed in 1997 for Rainbow Shores revealed that the assumptions used in the 2010-2012 study were not realistic. Therefore the 2010-12 study flooding for Rainbow Beach has been rejected in favour of the 1997 study.

In other areas only development specific flood studies had been performed and the levels of this study compare reasonably with those studies.

The accuracy of the flood lines is estimated at;

Mary River & creeks in the Gymp + 0.4m vertically Environs Other locations + 0.7m vertically

Climate Change Council is required to consider the effects of climate change on flooding. The State requires that Council considers the hypothetical worst case scenario developed by the state experts.

Gympie Regional Council Ordinary Meeting 13 June 2012 171

The worst case scenario was modelled on all streams excepting the Mary River because the Mary River was NOT modelled as part of the GHD flood study.

The results reported below are the maximum increase in level of the local flow in the populated reaches of the stream modelled.

Stream Increase in 1 in Comment 100 ARI level – Local Flow Nangur Creek 0.14m Town Gully 0.06m Within accuracy of flood lines. Chippendal Creek 0.12m Wide Bay Creek 0.35m Mudlo Gully 0.12m Within accuracy flood lines One Mile Creek 0.20m Gympie Creek 0.11m Governed by Mary River back water North Deep Creek 0.40m in the town reaches East Deep Creek 0.37m Deep Creek 0.54m Six Mile Creek 1.38m (12m below Mary backwater) Calico Creek 0.20m McIntosh Creek 0.15m Governed by Mary River back water Pie Creek 0.18m in the town reaches Eel Creek 0.35m Scrubby Creek 0.51m Widgee Creek 0.28m Within accuracy of flood lines Little Widgee Creek 0.29m Yabba Creek 0.55m Imbil 1st Gully 0.57m Within accuracy of flood lines Imbil 2nd Gully 0.45m

These are within the accuracy of the plotted flood lines except for Six Mile Creek. The climate change level for Six Mile Creek local flow is lower than the Mary River backwater.

Storm Surge In 2004, GHD produced a revision to the Storm Surge currently adopted by Council. In 2009, GHD produced another report , referencing a 2004 Queensland Climate Change study and the 2006 State Coastal Management Plan Guideline which is now Policy. Again, the study was required to consider the hypothetical worst case climate change scenario dictated by the State. In 2011, the State mandated that the worst case climate change scenario be used or the minimum default for tidal surge would prevail. The 2006 State Coastal Management Plan, recommends the default minimum Defined Storm Tide Event (DSTE) as the Highest Astronomical

Gympie Regional Council Ordinary Meeting 13 June 2012 172

Tide plus 1.5m. Where there has been a substantial analysis of storm tide threats, the minimum recommended DSTE is the 100year average recurrence interval (ARI).

In part, the recommendations of the 2009 GHD report state : “Pending further detailed work to more rigourously define storm tide levels, it appears that there exists some justification for review of both required minimum floor levels (particularly with respect to Rainbow Beach) and immunity standards in light of evolving statutory guidelines and estimated storm tide levels and freeboard, especially if future predicted enhanced greenhouse climate change is considered. This study updates GHD/SEA (2004) tropical cyclone storm estimayes for the Gympie Regional Council coastal region using the latest available analyses derived from the QCC study (e.g. Harper 2004b) but relies on interpretation of some nearby modelled data and a degree of coastal engineering judgement for sites inside Tin Can Inlet. Estimates of elevated ocean levels are provided for “present” and “2010 climate” according to specific scenarios and the validity of the earlier QCC (circa 4004) future climate assumptions has been confirmed. Advice on extending these estimates to post-2050 climates is also included.”

The findings presented in the 2009 GHD report are presented in the following tables. 500 and 1000 year ARI levels are presented because “local governments exposed to coastal flooding are urged to consider adopting more stringent events due to the dangerous nature of the storm tide events”.

Future Climate (2050) Storm Tide Levels m AHD Average 100 500 1000 Current HAT Recurrence + 1.5m* Interval (years) Site Rainbow 5.5 6.1 6.7 2.56 Beach (seaward) Tin Can Bay 2.8 3.3 3.6 3.0 Cooloola Cove 3.0 3.6 3.9 3.0 *For climate change 2050 HAT add 0.3m For climate change 2100 HAT add 0.8m

A 5.5m storm tide would be stopped at the foredune at Rainbow Shores so Rainbow Beach storm tide level will be the same as Tin Can Bay.

Comparison of Current CSC Minimum Floor level requirements and Present and Enhanced (Greenhouse) Climate Estimated Storm Tide Levels

Gympie Regional Council Ordinary Meeting 13 June 2012 173

Estimated Storm Tide Levels (mAHD) Currently Required Min. Enhanced Floor Level (mAHD) Current Climate (Greenhouse) climate Non-Habitable Habitable 100 Year 500 Year 100 Year 500 Year Location Rooms Rooms ARI ARI ARI ARI Rainbow 2.75 2.75 2.2 2.7 2.8 3.3 Beach Tin Can 2.2 2.5 2.2 2.7 2.8 3.3 Bay Cooloola

2.2 2.5 2.4 2.9 3.0 3.6

2.8m AHD in Tin Can Bay (and Cooloola Cove) corresponds to the Queensland Coastal Plan’s “Erosion due to storm impact and long term trends of sediment loss and channel migration” line and its “High hazard area (greater than 1.0 m water depth)” at the year 2100 based on the worst case scenario for climate change.

M21/06/12 Moved: Cr M.A. McDonald Seconded: Cr M.W. Curran

That:

1) Council adopt the 1 in 100 year ARI flood lines as presented. Outside these areas, Council adopt the draft flood plains developed by Queensland Reconstruction Authority. 2) Minimum floor levels at Tin Can Bay and Cooloola Cove be set at 2.8m AHD and 3.0m respectively. 3) Minimum Floor levels at Rainbow Beach be set at 2.8m AHD (excluding Rainbow Shores).

Carried

Gympie Regional Council Ordinary Meeting 13 June 2012 174

SECTION 11: WASTE MANAGEMENT

SECTION 12: TOURISM & MARY VALLEY

SECTION 13: GENERAL BUSINESS

Adjournment of Meeting The meeting adjourned at 11.11 am.

Resumption of Meeting The meeting resumed at 11.30 am.

PRESENT: Mayor Cr R.J. Dyne (Chairman), Cr A.J. Perrett, Cr M.W. Curran, Cr I.T. Petersen, Cr L.J. Friske, Cr R.A. Gâté, and Cr W.W. Sachs.

Also in attendance were Chief Executive Officer (Mr B.J. Smith), and Minutes Clerk (Mrs S Lowe).

Gympie Regional Council Ordinary Meeting 13 June 2012 175

8/2 Preferred Supplier Arrangements

PORTFOLIO: Governance and Economic Development

DIRECTORATE: Financial Services

AUTHOR: Director of Financial Services

LINK TO CORPORATE / OPERATIONAL PLAN: (Reference Number)

1. BACKGROUND & PREVIOUS COUNCIL CONSIDERATION The Procurement Section has identified a number of items that are purchased on a regular basis. The purchase of these items is best serviced by establishing Preferred Supplier Arrangements (PSA). This ensures Gympie Regional Council receives value for money and reduces the need for accessing the market on a regular basis whilst complying with legislative requirements. Currently there are 27 PSAs in place ranging from Outdoor Staff Uniforms, Sanitary Products to herbicides and hardware. These are renewed every 2 years (1 year initial contract with 1 year extension). Extensions depend on supplier performance. Council has eight PSAs in place that are due to expire in June and July 2012.

2. REPORT An open tender in January 2012 was called for Nine Preferred Supplier Arrangements. Gympie Regional Council sent out 110 tender documents and received a total of 26 responses. Local suppliers were provided an equal opportunity to respond to the tenders.

Tenders called for this round are listed below: 2012/13 T117 – Fencing Materials 2012/13 T118 – Miscellaneous Consumables 2012/13 T119 – Fasteners 2012/13 T120 – Ground Engaging Tools 2012/13 T121 – Abrasives 2012/13 T122 – Hand Tools 2012/13 T123 – Plumbing, Poly Pipe, Brass and Poly Fittings

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2012/13 T126 – Pesticides and Herbicides, and 2012/13 T127 – Pavement Stabilisation Services

Table 1 provides an overview of the tenders sent out and responses received. Table 1 – Summary of Tenders sent and received

Tender No. of Tenders Requested Number of Responses Received Number of Suppliers Able to fully Meet Requirements Number of Suppliers providing Value for Money Proposed Expenditure for Period Month 12 for each PSA 2011/12 T117 15 2 $9500 2011/12 T118 12 3 $69,000 2011/12 T119 11 3 17,500 2011/12 T120 7 1 1 1 56,500 2011/12 T121 14 5 $5,000 2011/12 T122 12 3 $15,200 2011/12 T123 & T124 16 2 $86,000 2011/12 T126 11 4 $120,000 2011/12 T127 12 3 3 3 $200,000

All suppliers recommended to be engaged for PSAs are compliant, have the correct insurances in place and provide value for money.

2012/13 T117 – Fencing Materials Budget Steel is the current supplier and is able to supply all products under this arrangement free into store. Their offer provides the best value for money.

2012/13 T118 – Miscellaneous Consumables Three companies responded to this tender and of the three responses only Blackwoods and Meridith Distribution offered all products listed. Meridith Distribution had additional costs for delivery increasing the total supply chain costs as well as bulk deliveries where Gympie Regional Council relies on smaller deliveries when required. Blackwoods offers FIS as well as a 20% discount on all non tendered items.

2012/13 T119– Fasteners KJ Bolts is the current supplier and is able to supply all products under this arrangement free into store. Their offer provides the best value for money.

2012/13 T120– Ground Engaging Tools Cutting Edges was the only supplier to respond to this tender. Cutting Edges meets compliance with the specifications as

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requested in the tender documentation 2012/13 T120 – Ground Engaging Tools

2012/13 T121– Abrasives KJ Bolts is the current supplier and is able to supply all products under this arrangement free into store. Their offer provides the best value for money.

2012/13 T122– Hand Tools and Handles Three companies responded to this tender. Of the three companies Blackwoods offers FIS as well as a 20% discount on all non tendered items.

2012/13 T123– Plumbing, Poly Pipe, Brass and Poly Fittings Several suppliers where approached for the supply of brass, copper and poly plumbing fittings. Most respondents were reluctant to lock into any price for the brass and copper fittings. Two respondents did provide pricing for both poly and metal fittings – Aqua Pumping and Solar and The Pump House. Gympie Regional Council will acquire a majority of plumbing fittings from Aqua Pumping and Solar and The Pump House. Where the fittings are not available from these suppliers Gympie Regional Council will acquire those fittings from other local plumbing suppliers.

2012/13 T126– Pesticides and Herbicides, and Compliant offers were received from four companies, two suppliers located in Gympie, one in Goomeri and one from the Sunshine Coast. Alternatives have been provided for some of the herbicides as the manufacturers no longer produce the products listed in the tender documents sent out.

The local suppliers are comparable in price as is the supplier in Goomeri and from the Sunshine Coast. All offered products meet Gympie Regional Council’s requirements.

2012/13 T127 –Pavement Stabilisation Services Compliant offers were received from two suppliers. Each supplier must be considered to ensure continuity of supply for stabilisation services as each supplier may not be able to provide equipment due to other commitments at the same time as Gympie Regional Council.

3. BUDGET IMPLICATIONS By establishing the PSAs Gympie Regional Council have a better indication of budget requirements for items that are purchased on a

Gympie Regional Council Ordinary Meeting 13 June 2012 178

regular basis as the items are for a fixed price over the 12 month period. Within budget allocations for Budget 2011/12 and 2012/13.

4. POLICY IMPLICATIONS Key Outcome 1.3 (i) Financial Services - To achieve effective and efficient management of Council’s financial assets and economic resources. Key Outcome 4.1 – Council is maintaining responsible financial management.

M22/06/12 Moved: Cr A.J. Perrett Seconded: Cr R.A. Gâté

That:

1. Budget Steel be engaged to supply Fencing Materials as per Tender 2012/13 T117.

2. Blackwoods be engaged to supply Miscellaneous Consumables as per Tender 2012/13 T118.

3. KJ Bolts be engaged to supply Fasteners as per Tender 2012/13 T119.

4. Cutting Edges Australia be engaged to supply Ground Engaging Tools as per Tender 2012/13 T120.

5. KJ Bolts be engaged to supply Abrasives as per Tender 2012/13 T121.

6. Blackwoods be engaged to supply Hand Tools and Handles as per Tender 2012/13 T122

7. Aqua Pumping and Solar and The Pump House be engaged to supply Plumbing, Poly Pipe, Brass and Poly Fittings as per Tender 2012/13 T123.

8. Tom Grady Rural, Landmark and BGA Agri Services be engaged to supply Pesticides and Herbicides as per Tender 2012/13 T126.

9. Stabilised Pavements of Australia and Downer Australia be engaged to provide Pavement Stabilisation Services as per Tender 2012/13 T127.

Carried

Gympie Regional Council Ordinary Meeting 13 June 2012 179

8/3 Request for Full Rebate of Water Consumption Charges

PORTFOLIO: Governance and Economic Development

DIRECTORATE: Financial Services

AUTHOR: Director of Financial Services

DOC ID: 1564555

LINK TO CORPORATE / OPERATIONAL PLAN: Corporate Plan: Key Outcome 4.1 Operational Plan: 1.3 (ii) Financial Accounting

1. BACKGROUND & PREVIOUS COUNCIL CONSIDERATION Correspondence has been received from a Resident requesting a full rebate of excess water consumption charges. Excess charges are due to a leak which the ratepayer claims would have been repaired had he been made aware of a possible water leak earlier.

Assess No Amount Reason Recommended Action A4409 1st Tier – 75 Undetected leak Write off $161.74 2nd Tier – 187

F05/09/11

Recommend that Council endorses staff action.

Assess No Amount Reason Recommended Action A4409 1st Tier – 158 Undetected leak Write off $727.32 2nd Tier – 921

F05/03/12

Recommend that Council endorses staff action.

2. REPORT Ratepayer's meter was read on 7 June 2011. This property was identified as having a larger than normal consumption when Water section staff checked meter readings. The reading was showing a consumption of 354 kilolitres, not a great cause for concern, and was checked again in due course when it became apparent the

Gympie Regional Council Ordinary Meeting 13 June 2012 180

leak was quite big. Action was taken to notify the ratepayer as soon as possible.

Council resolved to write off excess water consumption in accordance with policy on two occasions with a total write off given of $889.06 but the ratepayer feels entitled to more because of the time taken to inform him of the leak.

Council staff read over 14,000 water meters each half year and it's not possible to immediately check for leaks in every case.

The condition of the water service after the meter is the responsibility of the ratepayer, not Council's, and should be checked regularly by the ratepayer.

3. BUDGET IMPLICATIONS Loss of revenue due to a part write-off of water accounts.

4. POLICY IMPLICATIONS

5. CONSULTATION Water & Sewerage staff

6. CONCLUSION

7. ATTACHMENTS:

M23/06/12 Moved: Cr A.J. Perrett Seconded: Cr L.J. Friske

That the ratepayer be advised in terms of the above and that Council is unable to write off any further consumption.

Carried

Gympie Regional Council Ordinary Meeting 13 June 2012 181

8/4 Various Water Consumption Accounts

PORTFOLIO: Governance and Economic Development

DIRECTORATE: Financial Services

AUTHOR: Director of Financial Services

DOC ID: 1565805

LINK TO CORPORATE / OPERATIONAL PLAN: Corporate Plan: Key Outcome 4.1 Operational Plan: 1.3 (ii) Financial Accounting

1. BACKGROUND & PREVIOUS COUNCIL CONSIDERATION

2. REPORT Below is a list of ratepayers who have requested a reduction in their Water Consumption Account due to unforseen circumstances and recommended action.

Assess Amount Reason Recommended No Action A7134 1st Tier – 187 Undetected leak Write off $104.30 2nd Tier –

3. BUDGET IMPLICATIONS Loss of revenue due to a part write-off of water accounts.

4. POLICY IMPLICATIONS

5. CONSULTATION Water & Sewerage staff.

6. CONCLUSION

7. ATTACHMENTS: M24/06/12 Moved: Cr I.T. Petersen Seconded: Cr W.W. Sachs

That Council adopts the recommended actions described in the above report.

Carried

Gympie Regional Council Ordinary Meeting 13 June 2012 182

8/5 Request for Lost Discount on Rates - Various

PORTFOLIO: Governance and Economic Development

DIRECTORATE: Financial Services

AUTHOR: Director of Financial Services

DOC ID: 1571611

LINK TO CORPORATE / OPERATIONAL PLAN: Corporate Plan: Key Outcome 4.1 Operational Plan: 1.3 (ii) Financial Accounting

1. BACKGROUND & PREVIOUS COUNCIL CONSIDERATION 2. REPORT Below is a list of ratepayers who have requested a reinstatement of lost discount due to unforseen circumstances and recommended action.

Assess Amount Reason Recommended Action No A8549 $69.34 Did not receive notice Disallow A8627 $63.04 Did not receive notice Disallow

3. BUDGET IMPLICATIONS Loss of revenue due to a write off of discount amounts.

4. POLICY IMPLICATIONS

5. CONSULTATION

6. CONCLUSION

7. ATTACHMENTS: M25/06/12 Moved: Cr A.J. Perrett Seconded: Cr M.W. Curran

That Council adopts the recommended actions described in the above report.

Carried

Gympie Regional Council Ordinary Meeting 13 June 2012 183

8/6 Request for Reduction in Rates

PORTFOLIO: Governance and Economic Development

DIRECTORATE: Financial Services

AUTHOR: Director of Financial Services

DOC ID:

LINK TO CORPORATE / OPERATIONAL PLAN: Corporate Plan: Key Outcome 4.1 Operational Plan: 1.3 (ii) Financial Accounting

1. BACKGROUND & PREVIOUS COUNCIL CONSIDERATION Correspondence has been received from a Resident requesting rate relief in the form of reduced water and sewerage charges.

2. REPORT Ratepayer operates Holiday Cabins and advises that due to a downturn in business the five cabins are all vacant and the property no longer operates as a commercial premises. The ratepayer is asking Council for some rate relief in the form of reduced water and sewerage charges. The garbage charges have already been reduced but there is one water and one sewerage charge for each cabin. The ratepayer plans to eventually sell the property.

There is no precedent for the above request, however, in the past Council has allowed the capping of sewerage pedestals that are no longer required in shops or factories but not cabins or flats etc. No reduction in water charges has ever been made in these circumstances previously. The property has not suddenly become a single unit dwelling and remains a dwelling with five cabins and Council should be aware of setting a precedent of reducing rates and charges because of a downturn in commercial activity eg. a vacant shop in Mary Street is still a shop and rates and charges are not altered.

Rates staff would not have advised the ratepayer regarding the issue of an amended rate notice as notices are not amended after issue unless there is a mistake on them. Discount of $325.00 has been lost and interest of $9.91 has been paid.

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3. BUDGET IMPLICATIONS Loss of revenue due to a write off of discount amounts.

4. POLICY IMPLICATIONS

5. CONSULTATION

6. CONCLUSION

7. ATTACHMENTS:

M26/06/12 Moved: Cr L.J. Friske Seconded: Cr I.T. Petersen

That the Ratepayer be advised that Council is unable to alter water and sewerage charges on the subject property.

Carried

Gympie Regional Council Ordinary Meeting 13 June 2012 185

8/7 Request for Reduction in Interest Charged on Rates

PORTFOLIO: Governance and Economic Development

DIRECTORATE: Financial Services

AUTHOR: Director of Financial Services

DOC ID: 1574438

LINK TO CORPORATE / OPERATIONAL PLAN: Corporate Plan: Key Outcome 4.1 Operational Plan: 1.3 (ii) Financial Accounting

1. BACKGROUND & PREVIOUS COUNCIL CONSIDERATION Correspondence has been received from a Resident requesting Council waive 50% of outstanding rates balance.

2. REPORT The ratepayer purchased the subject property in November 2004. The change of ownership advice contained an incorrect postal address presumably the fault of his solicitor. Rates remained unpaid for the past seven years despite rate and reminder notices and efforts by Collection House. The ratepayer living overseas did not help the tracing process.

The payment of rates is the ratepayer's responsibility and, in fact, the issue of rate notices was mentioned in his solicitor's letter in 2004 advising of the completion of the sale. The ratepayer claims he never gave rates another thought for seven years. Council is not at fault in this situation.

Interest of $4836.90 has accrued since the property was purchased.

3. BUDGET IMPLICATIONS

4. POLICY IMPLICATIONS

5. CONSULTATION

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6. CONCLUSION

7. ATTACHMENTS:

M27/06/12 Moved: Cr A.J. Perrett Seconded: Cr W.W. Sachs

That the ratepayer be advised in terms of the above and that Council is unable to write off any accrued interest.

Carried

Gympie Regional Council Ordinary Meeting 13 June 2012 187

8/8 Year-end Management Letter for year ended 30 June 2011

PORTFOLIO: Governance and Economic Development

DIRECTORATE: Financial Services

AUTHOR: Director of Financial Services

LINK TO CORPORATE / OPERATIONAL PLAN: (Reference Number)

1. BACKGROUND & PREVIOUS COUNCIL CONSIDERATION

2. REPORT Attached is a copy of the Year-end Management Letter provided by Prosperity Audit Services relative to the Financial Statements for the year ended 30 June 2011 for Council’s information.

3. BUDGET IMPLICATIONS

4. POLICY IMPLICATIONS

5. CONSULTATION

6. CONCLUSION

7. ATTACHMENTS: ATTACHMENT 3 - Year-end Management Letter for the year ended 30 June 2011

M28/06/12 Moved: Cr R.A. Gâté Seconded: Cr M.W. Curran

That the information be received.

Carried

Gympie Regional Council Ordinary Meeting 13 June 2012 188

SECTION 14: IN COMMITTEE

COUNCIL IN COMMITTEE

The Mayor advised the meeting that Council was going “Into Committee” to discuss 1. Report on Outstanding Sundry Debtors 2. Sale of Land for Arrears of Rates

M29/06/12 Moved: Cr I.T. Petersen Seconded: Cr R.A. Gâté

That pursuant to the provisions of Section 72 of the Local Government (Operations) Regulation 2010, Council resolves to close the meeting to the public and move “into committee” to consider the following matter/s:- 1. Report on Outstanding Sundry Debtors 2. Sale of Land for Arrears of Rates

Further, that in relation to the provisions of Section 171 of the Local Government Act 2009, Council resolves that following the closing of the meeting to the public and the moving ‘into committee’ that all matters and all documents (whether in hard copy, electronic, optical, visual or magnetic form) discussed, raised, tabled and/or considered whilst the meeting is closed and ‘in committee’, are confidential to the Council and the Council wishes to keep them confidential.

Carried

ADJOURNMENT OF MEETING

The Meeting adjourned for Lunch at 11.38am.

RESUMPTION OF MEETING

The Meeting resumed at 1.24 pm.

PRESENT: Mayor Cr R.J. Dyne (Chairman), Cr A.J. Perrett, Cr M.W. Curran, Cr L.J. Friske, Cr R.A. Gâté, Cr M.A. McDonald, and Cr W.W. Sachs.

Also in attendance were Chief Executive Officer (Mr B.J. Smith), and Minutes Clerk (Mrs S Lowe).

Gympie Regional Council Ordinary Meeting 13 June 2012 189

COUNCIL OUT OF COMMITTEE

M30/06/12 Moved: Cr W.W. Sachs Seconded: Cr M.A. McDonald

That proceedings be resumed in Open Council.

Carried

Gympie Regional Council Ordinary Meeting 13 June 2012 190

14/1 Report on Outstanding Sundry Debtors

PORTFOLIO: Governance and Economic Development

DIRECTORATE: Financial Services

AUTHOR: Director of Financial Services

LINK TO CORPORATE / OPERATIONAL PLAN: 4.1/1.3(iii)

This item is in-committee in accordance with Clause 72(1)(h) - other business for which a public discussion would be likely to prejudice the interests of the local government or someone else, or enable a person to gain a financial advantage.

M31/06/12 Moved: Cr A.J. Perrett Seconded: Cr L.J. Friske

That the list of Outstanding Sundry Debtors (3 months and over) be noted and the recommended action be taken.

Carried

Gympie Regional Council Ordinary Meeting 13 June 2012 191

14/2 Sale of Land for Arrears of Rates

PORTFOLIO: Governance and Economic Development

DIRECTORATE: Financial Services

AUTHOR: Director of Financial Services

LINK TO CORPORATE / OPERATIONAL PLAN: Outcome 4.1 – Council is maintaining responsible financial management

M32/06/12 Moved: Cr M.A. McDonald Seconded: Cr R.A. Gâté

That:

1. the properties in Section 4 of the above table be sold for arrears of rates under Chapter 2 Part 12 Division 3 of the Local Government (Finance, Plans & Reporting) Regulation 2010 and that Baldwin Lawyers be instructed to issue a Notice of Intention to Sell for each property with the exception of Pensioners.

2. the Mayor and Chief Executive Officer be authorised to set reserve prices for the auction.

3. the property in Section 5 be acquired by Council under Section 81 Local Government (Finance, Plans & Reporting) Regulation 2010.

Carried

Gympie Regional Council Ordinary Meeting 13 June 2012 192

SECTION 15: ATTACHMENTS

Attachment 1 – Refer Item 5/4 - Twenty-three (23) Gympie Region Heritage Trail Interpretive Signs Attachment 2 – Refer Item 9/1 - Drawing No. 3316/1/1 Attachment 3 – Refer Item 8/9 - Year-end Management Letter for the year ended 30 June 2011

There being no further business the meeting closed at 1.46 pm.

Confirmed this FOURTH day of JULY 2012

______Cr R.J. Dyne CHAIRMAN

Gympie Regional Council

ATTACHMENT 1

Refer Item 5/4

Twenty-three (23) Gympie Region Heritage Trail Interpretive Signs

of the

GENERAL MEETING

On Wednesday 13 June 2012 At 9.00 am

ATTACHMENT 2

Refer Item 9/1

Drawing No. 3316/1/1

of the

GENERAL MEETING

On Wednesday 13 June 2012 At 9.00 am

ATTACHMENT 3

Refer Item 8/8

Year-end Management Letter for the year ended 30 June 2011

of the

GENERAL MEETING

On Wednesday 13 June 2012 At 9.00 am

Gympie Regional Council

Year- end Management Letter for the year ended 30 June 2011

Sydney | Newcastle | Brisbane table 2 of contents

1. EXECUTIVE SUMMARY 3

2. REVIEW OF INTERIM MANAGEMENT LETTER 4

3. SUMMARY OF FINDINGS 6

4. DETAILED FINDINGS 7

KEY PROSPERITY CONTACTS

Megan Maybury Prosperity Audit Services Engagement Partner Suite 1, Level 3 200 Creek Street [email protected] Brisbane QLD 4000 GPO Box 2246 Brisbane QLD 4001 Alex Hardy Audit Manager P (07) 38391755 F (07) 3839 1037 [email protected] www.prosperityadvisers.com.au

Gympie Regional Council - Management Letter: Prepared by Prosperity – March 2012 1. executive summary 3

RESULTS OF THE AUDIT

We refer to our Audit Closing Memorandum dated 4 November 2011 and advise that all outstanding matters have been satisfactorily completed. The overall results of the audit of Gympie Regional Council (“the Council”) were generally satisfactory.

Due to the issues experienced with regard to your valuation of property, plant and equipment assets as a result of the January 2011 floods, a qualification paragraph was included in the audit report for the 2011 financial statements. Further detail on this matter has been included in section 2 of this report.

MANAGEMENT LETTER

During the audit a number of accounting and related administrative systems were reviewed and appraised. The reviews were primarily aimed at achieving audit objectives and:-

 do not necessarily confirm the operation of systems to meet the Council’s management objectives and may not identify all the control weaknesses that may exist;  should not be relied upon to disclose defalcations, frauds or similar irregularities and may result in the disclosure of the above if they exist; and  involves only the review of those systems and controls upon which reliance will be placed to determine audit objectives.

During this audit work, certain matters came to our notice which we consider to be worthy of your attention. Set out on the following pages are our observations as to present procedures, and recommendations for future improvements.

The scope of the work performed by an auditor does not require all aspects of internal control to be covered. Therefore the list of matters to which our comments relate should not be regarded as exhaustive.

This report by its nature, reports by exception and does not comment on the strong features of the Council’s accounting controls also noted during our review.

The maintenance of an adequate system of control is the responsibility of management and the justification for the costs incurred in correcting control weaknesses should be taken into consideration.

INTERNAL AUDIT

We note that we have relied upon the work of internal audit wherever possible. Furthermore, any findings that are a repeat of issues raised by internal audit have been excluded from this report unless the issue is expected to have a material impact on the financial statements.

Gympie Regional Council - Management Letter: Prepared by Prosperity – March 2012 2. review of interim management letter 4

Issues raised in the 2011 Interim Management Letter were reviewed during the course of the 2011 year-end audit fieldwork to determine:

 action taken during the year;  unresolved items requiring further attention.

A summary of the interim audit issues are outlined in the following table:

Prior Issues Raised Action Taken Resolution

1 Valuation of infrastructure – impact of flood event

As previously outlined in our The Council engaged both an A qualification paragraph Closing Report presented to the external valuer and internal has been included in the Corporate Governance and engineers to conduct a 2011 audit report with Finance Committee, the Council comprehensive condition regard to the valuation was required to reflect assessment of infrastructure decrements processed as a appropriate carrying values for assets for the 2011 financial year. result of the flood event. assets impacted by the floods at However, due to the size and 30 June 2011. nature of the event, appropriate The material difference evidence was unable to be between the 2011 and 2010 Due to the nature of the obtained for us to satisfy valuations has been Council’s infrastructure assets ourselves with the valuation adjusted by management (most notably roads), there was decrements booked in the 2011 and disclosed as a prior an inherent uncertainty that financial year. period error. We are valuation decrements required satisfied with this treatment to these assets may not be fully In addition, the revaluation of and accordingly, there is no quantifiable at 30 June 2011. infrastructure assets processed qualification in relation to prior to the flood event exposed this matter. an inconsistency to the prior year figures.

2 Ageing of capital work in progress

Our review of the Capital Work in We acknowledge that the Council We will continue to monitor Progress (CWIP) account, has a number of significant this issue in future audits. identified that a significant infrastructure projects in progress. portion of items that comprise the Management focus on this issue balance were aged greater than has assisted in reducing aged 12 months. CWIP at year end, however this process should be ongoing to ensure that financial records are accurate throughout the year.

Gympie Regional Council - Management Letter: Prepared by Prosperity – March 2012 2. review of interim management letter (cont’d) 5

Prior Issues Raised Action Taken Resolution

3 Preparation of month end reconciliations

During our interim audit, a Internal procedures have been We will test the adequacy of number of areas were identified updated by the Council. these changes during the where the preparation of month course of the 2012 audit. end reconciliations could be improved. These areas primarily related to:

 Preparation of some reconciliations;  Signing and dating reconciliations as evidence of their review;  Lack of reconciliation of YTD payroll expenses;  Centrally filing reconciliations for ease of access and review.

Discussions with management indicate that there is currently no formal policy or procedure in place governing the month end reconciliation process to establish guidelines surrounding standard timeframes and review procedures.

4 Sample batch testing of rate notices

Once rate notices are generated Internal procedures have been We will test the adequacy of within the Authority system, a updated by the Council. these changes during the data file is sent to external course of the 2012 audit. printers in Brisbane, GEON Impressive Laser, for invoice generation. Prior to distribution to rate payers, a random sample of notices are requested and tested to ensure the invoices are accurate.

Whilst it is acknowledged that this control appears to be operating effectively, there is no formal policy with regards to this process or formal procedures that specify sample sizes and the extent of testing to be performed.

Gympie Regional Council - Management Letter: Prepared by Prosperity – March 2012 3. summary of findings 6

The following table summarises the issues raised in this report. Each issue has been assessed against a risk rating of high, moderate or low risk.

Risk Page

4.1 EXCESSIVE ROSTERED DAYS OFF FOR EMPLOYEES MODERATE 7

4.2 INADEQUATE GENERAL JOURNAL DESCRIPTIONS MODERATE 8

The above risk categories are assessed as follows:

High

 Matters which pose a significant business or financial risk to the entity; and / or  Matters that have resulted or could potentially result in a modified audit report if not addressed as a matter of urgency by the entity.

Moderate

 Matters of a systemic nature that pose a moderate business or financial risk to the entity if not addressed as high priority within the current financial year; and / or  Matters that may escalate to high risk if not addressed promptly; and / or  Low risk matters which have been reported to management in the past but have not been satisfactorily resolved or addressed.

Low

 Matters that are isolated, non-systemic or procedural in nature, and / or  Matters that reflect relatively minor administrative shortcomings and could be addressed in the context of the entity’s overall control environment.

Gympie Regional Council - Management Letter: Prepared by Prosperity – March 2012 4.1 excessive rostered days off for employees 7

RISK RATING

Moderate

OBSERVATION

Our review of rostered day off entitlements indicated that a number of employees had accrued in excess of 20 days (four weeks) entitlement, as follows:

Entitlement No. Balance (Days) 434 53.6 180 52.4 1840 50.4 5500 49.3 8550 46.1 545 42.2 11006 41.2 6702 40.3 13014 36.3 7170 34.2 5252 32.5 11806 29.6 6605 28.0 13105 26.8 5130 26.0 12901 25.3 320 25.1 3461 24.6 11707 21.9 3260 20.2

IMPLICATION

The management of employee entitlement balances is important to ensure the Council’s liability is minimised and settled at current pay rates. The accumulation of a large amount owing to employees may result in cash flow difficulties should a large number of employees take leave or cease employment with the Council at the same time.

RECOMMENDATION FOR IMPROVEMENT

We recommend that excessive leave balances be reviewed in order to reduce the Council’s leave liability.

MANAGEMENT RESPONSE

Management will be reminded of Council’s policy relative to this matter with a view to more actively managing the taking of this accrued time.

WS: 1486

Gympie Regional Council - Management Letter: Prepared by Prosperity – March 2012 4.2 inadequate general journal descriptions 8

RISK RATING

Moderate

OBSERVATION

During our review of general journal entries, it was noted that the descriptions assigned to the entries within the Council’s accounting system were inadequate to identify why the journal was processed. When queried, staff members that had raised each journal had to investigate as to why the journal was raised.

IMPLICATION

General journal entries often pose a high audit risk as errors may occur or unsolicited transactions may be processed based on their manual nature. Without due process to identify why the journal was raised, the Council’s review procedures in this area may not be operating effectively.

RECOMMENDATION FOR IMPROVEMENT

We recommend that staff include appropriate descriptions when entering general journal entries. This should be enforced by the Council’s review procedures over the journals.

MANAGEMENT RESPONSE

All Officers concerned will be directed to improve the information contained in the journal descriptions, and particularly in the case of the officers responsible for the overseeing/checking of this process.

WS: NEW

Gympie Regional Council - Management Letter: Prepared by Prosperity – March 2012 Sydney Level 2 580 George Sydney NSW 2000 PO Box 20726 World Square NSW 2002 T. 02 9261 2288 F. 02 9261 2376

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