MINUTES OF THE GENERAL MEETING OF COUNCIL 25 MARCH 2015
ORDER OF BUSINESS: 1.
ATTENDANCE ...................................................................................................... 1
2.
APOLOGIES .......................................................................................................... 1
3.
CONDOLENCES ................................................................................................... 1
4.
READING AND CONFIRMATION OF MINUTES ................................................... 1
5.
4.1
General Council Meeting - 25 February 2015 ........................................... 1
4.2
Special Council Meeting - 9 March 2015................................................... 2
ACTIONS FROM COUNCIL MEETINGS ............................................................... 2 5.1
Actions from Previous General Council Meeting ....................................... 2
6.
DECLARATIONS OF CONFLICTS OF INTEREST ............................................... 2
7.
READING AND CONSIDERATION OF CORRESPONDENCE ............................. 2 7.1
8.
RECEPTION AND READING OF PETITIONS AND JOINT LETTERS .................. 3 8.1
9.
11.
Joint Letter - Request for Extending the Bitumen - Pratten Street Between Palmerin & Guy Street, Warwick ................................................ 3
EXECUTIVE ........................................................................................................... 3 9.1
10.
Correspondence ....................................................................................... 2
Memorandum of Understanding - SDRC and University of Southern Queensland .............................................................................................. 3
BUSINESS & COMMUNITY SERVICES DEPARTMENT REPORTS .................... 3 10.1
BCS - National General Assembly of Local Government .......................... 3
10.2
BCS - Financial Report as at 28 February 2015........................................ 4
10.3
BCS - Executive Performance Report - February 2015 ............................. 4
10.4
BCS - March 2015 Policy Reviews ........................................................... 4
ENGINEERING SERVICES DEPARTMENT REPORTS ........................................ 5 11.1.1
Review of Gravel Report ........................................................................... 5
11.1
Engineering Department Monthly Report .................................................. 5
11.2
Naming of Unnamed Roads...................................................................... 5
11.3
Request to Name Allora Cricket Oval ....................................................... 6
11.4
Proposed Budget Amendment - Transfer $168,000 from Engineering Operations Budget to Capital Budget for the Replacement of Kadows Road Bridge ............................................................................................. 6
11.5
Contract No. 15/055 - Tender for the Supply & Delivery of One (1) MultiTyred Roller .............................................................................................. 6
11.5.1
Deferral of Contract No. 15/055 ................................................................ 7
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12.
PLANNING & ENVIRONMENT DEPARTMENT REPORTS .................................. 7 12.1
Pest Management Working Group Minutes from meeting held 17 February 2015 .......................................................................................... 7
12.2.1
Proposed Amendments to the Flood Hazard Overlay Code ...................... 7
12.2
Proposed Amendments to the Flood Hazard Overlay Code ...................... 8
12.3
Reconfiguration of Lot - Mad Investment Trust & Tamgate Pty Ltd, and Tamgate Pty Ltd as Trustee, 18 Ruby Street & 69 High Street, Stanthorpe ................................................................................................ 9
12.4
Material Change of Use - Gregory Butler, 9 Curtin Road, Lyra ............... 12
12.5
Reconsideration of Change to Defined Waste Collection Area - 4 Curran Lane, Applethorpe .................................................................................. 14
12.5.1
Review of Defined Waste Collection Area, Curran Lane, Applethorpe as part of contract renewal .......................................................................... 15
13.
REPORTS OF DEPUTATION OR CONFERENCE & REPORTS FROM DELEGATES APPOINTED BY COUNCIL TO OTHER BODIES ......................... 15
14.
NOTICES OF MOTION ........................................................................................ 15 Nil
15.
16.
GENERAL BUSINESS ........................................................................................ 15 15.1
Roundabouts .......................................................................................... 15
15.2
Warwick Potters Association request for sign ......................................... 15
15.3
Request for review of Traffic Study for area around Warwick State High School .................................................................................................... 16
15.4
Items to be considered under public agenda .......................................... 16
16.1
BCS - Maintenance of Council's Sporting Fields ..................................... 16
16.3
BCS - Proposed Freehold Lease to Community Organisations ............... 17
16.4
BCS - Parks Rationalisation.................................................................... 17
16.4.1
Parks Rationalisation .............................................................................. 17
16.4.2
Parks Rationalisation .............................................................................. 18
16.4.3
Parks Resolution .................................................................................... 18
CONSIDERATION OF CONFIDENTIAL BUSINESS ITEMS ............................... 18
Meeting In Camera ........................................................................................................... 19 Meeting Out Of Camera ................................................................................................... 20 16.2
BCS - Rating Consultation Group (RCG) ................................................ 20
16.5
Tender Assessment Report - Request for Tender 15/046 "Construction of Berat Forest Springs Road Bridge" ..................................................... 21
16.6
Notice of Appeal to the Planning and Environment Court, Sarah Gordon, 2081 Inverramsay Road, Goomburra ...................................................... 21
16.7
CH Property Holdings Pty Ltd, 11 Rowland Street, Warwick ................... 22
16.8
Release of Silt into Quart Pot Creek, Proposed Legal Action .................. 22
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Page iii
ATTACHMENTS................................................................................................................ 23 9.1
Memorandum of Understanding - SDRC and University of Southern Queensland Attachment 1 Memorandum of Understanding ..................................... 24
10.4
BCS - March 2015 Policy Reviews Attachment 1 PL-FS014 Supplementary Rates Policy .......................... 32
11.2
Naming Unnamed Roads Attachment 1 - Map - Unnamed Roads in Leyburn ................................. 37
12.2
Proposed Amendments to the Flood Hazard Overlay Code Attachment 1 Draft amendments to the Flood hazard overlay code ..... 38
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MINUTES OF THE GENERAL COUNCIL MEETING OF SOUTHERN DOWNS REGIONAL COUNCIL HELD ON 25 MARCH 2015 IN THE COUNCIL CHAMBERS, SOUTHERN DOWNS REGIONAL COUNCIL, 61 MARSH STREET, STANTHORPE AT 9.00AM 1.
2.
ATTENDANCE Present:
Crs Blundell (Chair), Bartley, Gow, Mackenzie, McNally, Meiklejohn and Pennisi.
Officers:
David Keenan (Chief Executive Officer), Peter See (Director Engineering Services), Ken Harris (Director Planning & Environment), David Tuxford (Director Business & Community Services), Cheree Noble (Minute Secretary)
APOLOGIES
RESOLUTION MOVED CR J MCNALLY
SECONDED CR R BARTLEY
THAT THE APOLOGIES OF CRS D INGRAM AND G REES BE RECORDED AND LEAVE OF ABSENCE BE GRANTED CARRIED
3.
CONDOLENCES
Resolved THAT Council recognise those recently departed from the region. Carried
4.
READING AND CONFIRMATION OF MINUTES
4.1
General Council Meeting - 25 February 2015
Resolution Moved Cr N Meiklejohn
Seconded Cr J McNally
THAT the minutes of the General Council Meeting held on Wednesday 25 February 2015 be adopted. Carried
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Page 1
4.2
Special Council Meeting - 9 March 2015
Resolution Moved Cr N Meiklejohn
Seconded Cr J McNally
THAT the minutes of the Special Council Meeting held on Monday 9 March 2015 be adopted. Carried
5.
ACTIONS FROM COUNCIL MEETINGS
5.1
Actions from Previous General Council Meeting
Resolution Moved Cr N Meiklejohn
Seconded Cr J McNally
THAT Council receive the report and note the contents. Carried
6. Item No 16.6
DECLARATIONS OF CONFLICTS OF INTEREST Item Precis
Nature of Conflict
Notice of Appeal to the Planning and Environment Court, Sarah Gordon, 2081 Inverramsay Road, Goomburra
Cr Mackenzie declared that a perceived conflict of interest in this matter (as defined in section 173 of the Local Government Act 2009), may exist as he had provided advice to the applicants in the past. Cr Mackenzie dealt with the perceived conflict of interest by stating that it was his determination that his personal interest is not of sufficient significance that it would lead to him making a decision on this matter that is contrary to the public interest.
7.
READING AND CONSIDERATION OF CORRESPONDENCE
7.1
Correspondence
Resolution Moved Cr J Mackenzie
Seconded Cr R Bartley
THAT the report of the Chief Executive Officer in relation to Correspondence be received. Carried
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8.
RECEPTION AND READING OF PETITIONS AND JOINT LETTERS
8.1
Joint Letter - Request for Extending the Bitumen - Pratten Street Between Palmerin & Guy Street, Warwick
Resolution Moved Cr R Bartley
Seconded Cr J McNally
THAT Council: 1.
Receive the Joint Letter and refer it to the Director Engineering Services for investigation; and
2.
When the next reseal occurs in that area in Pratten Street, that the unsealed area is considered for resealing taking into account the current expense being spent on maintenance of the trees and grassed areas, subject to the inclusion in the Capital Works program. Carried
9.
EXECUTIVE
9.1
Memorandum of Understanding - SDRC and University of Southern Queensland
Resolution Moved Cr C Gow
Seconded Cr R Bartley
THAT Council adopt the attached Memorandum of Understanding with University of Southern Queensland to explore opportunities for cooperation and related areas of common interest. Carried Attachments Memorandum of Understanding (p24) 09:20 AM Cr R Bartley left the meeting. 09:21 AM Cr R Bartley rejoined the meeting.
10.
BUSINESS & COMMUNITY SERVICES DEPARTMENT REPORTS
10.1 BCS - National General Assembly of Local Government Resolution Moved Cr V Pennisi
Seconded Cr C Gow
THAT Council receive the report and further consider the matter at a Special Meeting to be held before 17 April 2015. Carried
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10.2 BCS - Financial Report as at 28 February 2015 Resolution Moved Cr N Meiklejohn
Seconded Cr J McNally
THAT Council receive and note the Financial Report as at 28 February 2015. Carried 09:34 AM Cr R Bartley left the meeting.
10.3 BCS - Executive Performance Report - February 2015 Resolution Moved Cr C Gow
Seconded Cr J McNally
THAT Council receive and note the Executive Performance Statistics for February 2015. Carried 09:36 AM Cr R Bartley rejoined the meeting.
10.4 BCS - March 2015 Policy Reviews Resolution Moved Cr C Gow
Seconded Cr V Pennisi
THAT Council adopt the proposed policy amendments as attached with the following amendments:
Public consultation - At least 21 days before sending supplementary rates notices as a result of revaluation (other than for individual properties), Council undertake appropriate public consultation with press releases and public notices in the newspaper and social media outlining the number of affected properties and their general locations; and
That a further report be provided to Council on possible extended payment periods and appropriate timeframes for supplementary rates notices. Carried
Attachments PL-FS014 Supplementary Rates Policy (p32) 09:55 AM Cr N Meiklejohn left the meeting. 09:56 AM Cr N Meiklejohn rejoined the meeting.
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11.
ENGINEERING SERVICES DEPARTMENT REPORTS
11.1.1
Review of Gravel Report
Resolution Moved Cr J Mackenzie
Seconded Cr N Meiklejohn
THAT Council does not proceed with a review of the gravel report at this point in time. Carried Cr C Gow declared that a perceived conflict of interest in Agenda Item 11.1.1 (as defined in section 173 of the Local Government Act 2009), may exist as Cr Gow’s brother had previously submitted a tender to Council for the supply of gravel and dealt with the perceived conflict by leaving the room and taking no part in the discussions. 09:57 AM Cr C Gow left the meeting. 10.11 AM Cr C Gow returned to the meeting.
11.1 Engineering Department Monthly Report Resolution Moved Cr J Mackenzie
Seconded Cr N Meiklejohn
THAT Council receive the Engineering Department Monthly Report. Carried 11.2 Naming of Unnamed Roads Resolution Moved Cr J Mackenzie
Seconded Cr J McNally
THAT Council:1. 2. 3.
Seek new road names for the roads shown in the attached map; and name the roads in line with the existing Road Naming Policy; Seek public comment by advertising in the relevant media; Receive a further report for consideration on this matter. Carried
Attachments Map - Unnamed Roads in Leyburn (p37)
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11.3 Request to Name Allora Cricket Oval Resolution Moved Cr J Mackenzie
Seconded Cr R Bartley
THAT Council adopt the naming of the Allora Cricket Oval to the "Keith K.O. Masters Memorial Oval". Carried
11.4 Proposed Budget Amendment - Transfer $168,000 from Engineering Operations Budget to Capital Budget for the Replacement of Kadows Road Bridge Resolution Moved Cr N Meiklejohn
Seconded Cr R Bartley
THAT Council:1. 2.
Resolve to transfer operational funds to the capital budget to allow for the replacement of Kadows Road Bridge. Award the full design and construct contract to Scenic Rim Regional Council. Carried
The meeting adjourned for morning tea at 10.30 am and reconvened at 11.20 am at which time there were present Crs Blundell, Bartley, McNally, Gow, Mackenzie, Pennisi and Meiklejohn.
11.5 Contract No. 15/055 - Tender for the Supply & Delivery of One (1) Multi-Tyred Roller Resolution Moved Cr J Mackenzie
Seconded Cr N Meiklejohn
THAT Council:1. 2. 3.
Award Tender 15/055 for the supply and delivery of one (1) only Multi-Tyred Roller to Hastings Deering for the lump sum tender price of $161,887 (excluding GST), as it is currently contained in Council’s Capital Works program for 2014/2015. Accept the existing Caterpillar PF300 Multi-Tyred Roller trade offer of $35,000 (excluding GST) from Hastings Deering. Consider deferring machinery replacement until the review currently being carried out by the Audit and Risk Management Committee is discussed by Council. Lost
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11.5.1
Deferral of Contract No. 15/055
Resolution Moved Cr J Mackenzie
Seconded Cr R Bartley
THAT Council defer tender Contract No. 15/055 until the review currently being carried out by the Audit and Risk Management Committee on heavy plant and machinery is discussed by Council. Carried 11:50 AM Cr R Bartley left the meeting. 12.
PLANNING & ENVIRONMENT DEPARTMENT REPORTS
12.1 Pest Management Working Group Minutes from meeting held 17 February 2015 Resolution Moved Cr C Gow
Seconded Cr J Mackenzie
THAT Council: 1.
Receive the minutes of the Pest Management Working Group meeting held on 17 February 2015.
2.
Support the submission of a grant application to Australian Wool Innovations (AWI) for deer traps to be supplied by Council and operated by landholders. Carried
11:52 AM Cr R Bartley rejoined the meeting. 12.2.1
Proposed Amendments to the Flood Hazard Overlay Code
Resolution Moved Cr J Mackenzie
Seconded
THAT Council resolve to include the draft amendments to the Flood hazard overlay code in the major amendments to the Southern Downs Planning Scheme with the following changes (in red):
AO2.1 (c) Use screening to ensure that the understorey is not substantially visible from the street. AO2.2 Non-residential buildings (other than Class 10 structures)…..
Lapsed for want of a seconder Lapsed
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12.2 Proposed Amendments to the Flood Hazard Overlay Code Resolution Moved Cr N Meiklejohn
Seconded Cr J McNally
THAT Council resolve to include the draft amendments to the Flood hazard overlay code in the major amendments to the Southern Downs Planning Scheme subject to the following change (in red):
AO2.1 (c) Use screening to ensure that the understorey is not substantially visible from the street. Carried
The Mayor accepted a call for a Division on the motion from the floor and the following votes were recorded: For:
Crs R Bartley, P Blundell, C Gow, J McNally, N Meiklejohn and V Pennisi (6)
Against:
Cr J Mackenzie (1)
Accordingly the Mayor declared the motion carried.
Attachments Draft amendments to the Flood hazard overlay code (p38)
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12.3 Reconfiguration of Lot - Mad Investment Trust & Tamgate Pty Ltd, and Tamgate Pty Ltd as Trustee, 18 Ruby Street & 69 High Street, Stanthorpe Resolution Moved Cr J Mackenzie
Seconded Cr N Meiklejohn
THAT the application for Reconfiguration of Lot - Mad Investment Trust & Tamgate Pty Ltd, and Tamgate Pty Ltd for subdivision of land at 18 Ruby Street & 69 High Street, Stanthorpe, described as Lot 2 RP75672 & Lot 7 RP21514, Parish of Folkestone, County of Bentinck, be approved subject to the following conditions: Schedule 1 - Southern Downs Regional Council's Conditions of Approval Approved Plans 1.
The development of the site is to be generally in accordance with the following proposal plan submitted with the application, and subject to the final development being amended in accordance with the conditions of this approval. Plan Name Proposed Subdivision - Proposed Lots 7 to 10 Cancelling Lot 2 on RP75672 and Lot 7 on RP21514 Ruby & High Streets, Stanthorpe
Plan No.
Date
W4868-01
11 November 2015
Building and Site Design 2.
All household drainage (including sewer house connection, stormwater drainage and interallotment drainage) and services (including electricity and telephone) associated with the existing dwellings on the land are to be relocated so that they are wholly contained within proposed Lots 7 and 8, or easements provided over this private drainage and services. Plans, drawn by a suitably qualified person, showing all drainage associated with the existing dwellings are to be submitted to Council to demonstrate compliance with this requirement.
Fencing, Landscaping and Buffers 3.
A minimum 1.8 m high solid fence is to be erected along the side and rear boundaries of proposed Lot 8, except within 6.0 metres of the front boundary. Any fence erected along the front boundary or within 6.0 metres of the front boundary is to have a maximum height of 1.2 m unless it contains openings that make it at least 50% transparent.
Car Parking and Vehicle Access 4.
Vehicle access is to be constructed to proposed Lot 8 in accordance with Council’s standard. (Council’s Engineering Services Department can provide details regarding Council’s standard.) Such entrance roadworks are to be constructed in concrete and are to include appropriate drainage works.
Stormwater Drainage 5.
A stormwater drainage system serving the development is to be constructed and the stormwater disposed of to a legal point of discharge, in accordance with the Queensland Urban Drainage Manual (QUDM). Where the finished levels of a proposed allotment are such that stormwater runoff from all or part of the allotment cannot be gravity discharged to the street, an underground drainage line shall be provided to discharge the runoff from the allotment. Where necessary, suitable easements may be required over adjoining properties. The easements shall be provided to Council, at the developer’s cost. All drainage works should meet the requirements of the Queensland Urban Drainage Manual (QUDM).
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Water Supply and Sewerage 6.
An underground reticulated water supply system, up to and including water meters, is to be provided to service all allotments. This system is to be connected to Council’s water supply system.
7.
A sewerage reticulation system is to be provided to service all allotments. This system is to be connected to Council’s wastewater sewerage system. None of the proposed lots are to be serviced by a combined drain.
Electricity, Street Lighting and Telecommunications 8.
Reticulated electricity is to be provided to each lot to the requirements of Ergon Energy. Prior to Council signing the Plan of Subdivision, written advice must be provided from Ergon Energy confirming that reticulated electricity has been installed to service each lot.
9.
In accordance with the Federal Government's National Broadband Network (NBN) initiatives, the Developer (at the Developer's expense) is to install a fibre ready pit and pipe network (including trenching and ducting, design and third party certification) to NBN Co's specifications, to allow for the installation of Fibre-to-the-Premises (FTTP) broadband services. Any fibre provider may be used, provided they meet NBN specifications and open access requirements. Ownership of the infrastructure is to be transferred to Telstra in exchange for the provision of fibre within that pit and pipe network. Prior to Council approving the plan of subdivision, written advice is to be provided from Telstra that the pit and pipe network has been installed in accordance with NBN Co's specifications.
Operational Works 10.
All operational works are to be accepted on-maintenance prior to the Council signing the Plan of Subdivision. (See advisory note below.)
Adopted Infrastructure Charges Notice 11.
Payment is to be made to Council in accordance with the Adopted Infrastructure Charges Notice attached to the decision notice.
Advisory Notes Operational Works (i)
A Development Permit for Operational Works associated with the development must be obtained in accordance with the Sustainable Planning Act 2009. This application must be submitted with the following: Relevant IDAS Forms; The relevant fee in accordance with Council’s Schedule of General Fees and Charges; Design, schedules and specifications for all Operational Works, certified by a Registered Professional Engineer in Queensland (RPEQ); A Stormwater Management Plan; An Erosion and Sediment Control Plan. Operational Works shall be subject to a 12 months Defect Liability Period commencing from the day the works are accepted on-maintenance. A bond will be held by Council as security, and refunded following a defect-free inspection at the end of the Defect Liability Period.
Aboriginal Cultural Heritage (ii)
All reasonable and practicable measures must be taken to ensure that no harm is caused to Aboriginal cultural heritage (the “cultural heritage duty of care”). The cultural heritage duty of care is met if the development is conducted in accordance with gazetted cultural heritage duty of care guidelines. Further information on cultural heritage, together with a copy of the duty of care guidelines and cultural heritage search forms, may be obtained from www.datsima.qld.gov.au
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Approval Times (iii)
In accordance with the Sustainable Planning Act 2009, this approval will lapse two years from the day the approval takes effect, or four years where the reconfiguration involves Operational Works. If an application for a related approval is made within two years of the day this approval takes effect, the relevant period is taken to have started on the day the latest related approval takes effect (Sustainable Planning Act 2009 s341).
Approval of Plan of Subdivision (iv)
The Plan of Subdivision for the reconfiguration must be submitted to Council for Compliance Assessment (Sustainable Planning Regulation 2009 Sch 19). The Plan of Subdivision must be submitted to Council within the relevant period of the approval, and with the appropriate form (IDAS Form 32) and fees. Council will NOT issue a Compliance Certificate or approve the plan unless all conditions of this approval have been complied with to the satisfaction of Council and within the relevant period of the approval.
(v)
The approved Plan of Subdivision must be lodged for registration in the Office of the Registrar of Titles within six months of the date of Council’s Compliance Certificate and approval of the Plan of Subdivision. If the Plan of Subdivision is not registered within this timeframe, Council’s approval of the Plan of Subdivision will lapse. Council may reapprove the Plan of Subdivision subject to payment of the applicable fee.
Schedule 2 - Department of State Development, Infrastructure and Planning's Conditions of Approval
Carried Minutes Of The General Council Meeting Held On 25 March 2015
Page 11
12.4 Material Change of Use - Gregory Butler, 9 Curtin Road, Lyra Resolution Moved Cr J Mackenzie
Seconded Cr N Meiklejohn
THAT the application for Material Change of Use for the purpose of a Short-term accommodation (Two dwellings providing for a maximum of eight guests each) on land at 9 Curtin Road, Lyra, described as Lot 1 SP201775, Parish of Ballandean, County of Bentinck, be approved subject to the following conditions: Schedule 1 - Southern Downs Regional Council Conditions Approved Plans 1.
The development of the site is to be generally in accordance with the following proposal plans submitted with the application, and subject to the final development being amended in accordance with the conditions of this approval. Plan Name Site Plan Floor Plan Floor Plan - Conversion of Cafe Elevations
2.
Plan No. 12BUTLG T01 12BUTLG T03 12BUTLG T04 12BUTLG T05
Date 2 January 2015 2 January 2015 2 January 2015 2 January 2015
The development may proceed in stages, provided that any road access and infrastructure services required to service the particular stage are constructed with that stage.
Land Use and Planning Controls 3.
The approved short term accommodation is for short term guests only. The two dwellings must not be occupied on a permanent basis, excluding those persons in a manager's resident for the premises.
4.
The maximum number of guests accommodated at any one time must not exceed 16 persons, eight persons in each building.
5.
Each of the buildings is to be let as a whole, i.e. one booking (not as individual rooms).
6.
No person is to reside in any building identified for tourist accommodation for more than 45 days consecutively, or more than 90 days in any 12 month period.
7.
The café and restaurant use is to cease, prior to the commencement of the use of the building for Short term accommodation.
Building and Site Design 8.
A copy of the Certificate of Compliance for Plumbing and Drainage Works is to be provided to Council. (See advisory note below.)
9.
A copy of the Form 11 (Certificate of Classification) issued for the building works is to be provided to Council prior to the use commencing. (See advisory note below.)
Amenity and Environmental Controls 10.
All wastes are to be suitably collected and disposed of so as not to adversely impact on the environment.
11.
No effluent is to drain from the site or into any watercourse.
12.
Advertising Devices relating to the Short term accommodation may only be erected on the subject land, i.e. Lot 1 SP201775. The location, size, type and content of any advertising sign or device located on the land is to be compatible with the rural character of the surrounding area. No advertising signs or devices are to be located on any other land, unless all applicable approvals are obtained under the Planning Scheme and the relevant
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local laws. No advertising signs or devices are to be located within the road reserve. 13.
All service equipment and refrigeration units are to be positioned and housed so as not to cause nuisance or disturbance to persons or property not connected with the development.
14.
Any lighting device is to be so positioned and shielded so as not to cause any glare nuisance to any nearby residential property or passing motorist, or to shine upwards into the night sky.
Fencing, Landscaping and Buffers 15.
Landscaping is to be provided, and continually maintained, around each of the accommodation buildings
16.
A densely planted landscaped strip, at least two metres in width is to be provided along the western boundary of the site, from the existing rainwater tanks at the rear of the “residence”, to the north, for a distance of at least 25 metres. The existing vegetation may be utilised within the landscaped strip.
17.
A Landscaping Plan is to be submitted to and approved by the Director Planning and Environment prior to the commencement of the use. The Landscaping Plan must include details of the location and species of plants, the irrigation system and the height and material of fencing. Plants are to be generally frost resistant and drought hardy, and must not include weed species. Root barriers are to be installed around trees that are located within 3 metres of any underground infrastructure. The site is to be landscaped and maintained in accordance with the approved Landscaping Plan.
Car Parking and Vehicle Access 18.
Car parking shall be provided on site in accordance Plan No. 12BUTLG T01, dated 2 January 2015, prepared by Nspire Planning and Design. All car parking, driveway and loading areas shall be constructed in gravel or similar materials, drained, laid out and regularly maintained. The existing all-weather driveway and carpark area is to be continually maintained.
Water Supply and Sewerage 19. 20.
At least 67,500 litres of on-site water storage is to be provided for each accommodation building. Wastewater is to be disposed of by means of a suitable septic system in accordance with the Queensland Plumbing and Wastewater Code. Written advice is to be supplied from a suitably qualified person detailing the capacity of the existing system and its ability to cater for the proposed development.
Advisory Notes (i)
Unless otherwise stated, all conditions of this approval are to be complied with to the satisfaction of the Director Planning and Environment, prior to the use commencing, and then compliance maintained at all times while the use continues.
(ii)
Any proposal to increase the scale or intensity of the use on the subject land, that is assessable development under the Planning Scheme, would be subject to a separate application for assessment in accordance with the Sustainable Planning Act 2009 and would have to comply with the requirements of the Planning Scheme.
(iii)
If food is to be provided to guests, an application for a licence under the Food Act 2006 is to be submitted to Council prior to the food being provided to guests.
(iv)
An application must be submitted and approved by Council for a permit under Local Law No. 6 (Rental Accommodation other than Shared Facility Accommodation) 2011.
(v)
Plumbing and Drainage Approval is to be obtained if any new work is proposed, in accordance with the Plumbing and Drainage Act 2002 for the proposed plumbing and drainage works. The application for Plumbing and Drainage approval must be submitted to
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Council with the appropriate forms, plans and fees associated with this application. A Certificate of Compliance must be issued for the works prior to the use commencing. (vi)
Building Approval is to be obtained if any new work is proposed, in accordance with the Sustainable Planning Act 2009 for the proposed building work. The building application must be submitted to a Building Certifier with the appropriate forms, plans and fees associated with this application. The building plans are to accord with the plans approved in this approval. The building is to be constructed in accordance with the Building Approval prior to the commencement of the use. A Form 11 (Certificate of Classification) must be issued for the building works prior to the use commencing.
(vii) Building Approval is to be obtained in accordance with the Sustainable Planning Act 2009 for a Change of Classification of Building, to allow the use of the existing building for accommodation purposes. The application must be submitted to a Building Certifier with the appropriate forms, plans and fees associated with this application. Building works and modification of the existing building may be required to be undertaken as part of the approval so as to accord with the requirements of the Building Act 1975. Aboriginal Cultural Heritage (viii) All reasonable and practicable measures must be taken to ensure that no harm is caused to Aboriginal cultural heritage (the “cultural heritage duty of care”). The cultural heritage duty of care is met if the development is conducted in accordance with gazetted cultural heritage duty of care guidelines. Further information on cultural heritage, together with a copy of the duty of care guidelines and cultural heritage search forms, may be obtained from www.datsima.qld.gov.au Schedule 2 - Department of State Development, Infrastructure and Planning Conditions as a Concurrence agency Nil. Carried 12.5 Reconsideration of Change to Defined Waste Collection Area - 4 Curran Lane, Applethorpe Resolution Moved Cr N Meiklejohn
Seconded Cr J McNally
THAT Council refuse the request to amend the defined waste collection area and maintain the defined area to include the property at 4 Curran Lane, Applethorpe. Carried The Mayor accepted a call for a Division on the motion from the floor and the following votes were recorded: For:
Crs P Blundell, J Mackenzie, J McNally and N Meiklejohn (4)
Against:
Crs R Bartley, C Gow and V Pennisi (3)
Accordingly the Mayor declared the motion carried.
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12.5.1
Review of Defined Waste Collection Area, Curran Lane, Applethorpe as part of contract renewal
Resolution Moved Cr V Pennisi
Seconded Cr R Bartley
THAT Council review the Defined Waste Collection area in and around Curran Lane, Applethorpe when the contract for waste collection is due for renewal and that the matter comes back to Council at that time. Carried
13.
REPORTS OF DEPUTATION OR CONFERENCE & REPORTS FROM DELEGATES APPOINTED BY COUNCIL TO OTHER BODIES
Resolution Moved Cr C Gow 1.
Seconded Cr R Bartley
THAT the overview provided by Councillor Pennisi on current business occurring presently at the Regional Development Australia Committee be received. Carried
14.
NOTICES OF MOTION Nil
15.
GENERAL BUSINESS
15.1 Roundabouts Resolution Moved Cr J Mackenzie
Seconded Cr R Bartley
THAT the visual appearance of planting on roundabouts at Palmerin, Fitzroy and Percy Streets be considered in future maintenance works that are carried out to ensure that the visibility of motorists is taken into account. Carried 15.2 Warwick Potters Association request for sign Resolution Moved Cr J Mackenzie
Seconded Cr V Pennisi
THAT Council approve the Warwick Potters Association application (ref: 2472861) for a sign not greater 0.5m2 in area with the street number address and name of the association on the front boundary of property located at 63 Horsman Road, Warwick and to include a blue directional sign at the street intersection at the corner of Horsman Road and Matthews Street. Carried Minutes Of The General Council Meeting Held On 25 March 2015
Page 15
15.3 Request for review of Traffic Study for area around Warwick State High School Warwick State High School have requested another traffic study review be carried out in and around the High School precinct with a report back to Council on the outcome. The matter was discussed with no outcome. 15.4 Items to be considered under public agenda Resolution Moved Cr J Mackenzie
Seconded Cr V Pennisi
The Deputy Mayor raised the issue of which items are considered confidential business items. THAT confidential items 16.1, 16.3 and 16.4 be moved into open Council meeting. Carried The meeting adjourned for lunch at 12.56 pm and reconvened at 1.42 pm at which time there were present Crs Blundell, Bartley, McNally, Gow, Mackenzie, Pennisi and Meiklejohn.
16.1 BCS - Maintenance of Council's Sporting Fields Resolution Moved Cr J Mackenzie
Seconded Cr R Bartley
THAT Council:1.
Receive and note the contents of this report.
2.
Consider the matter to maintain all land on Council owned/controlled sporting fields that are leased to sporting groups as part of the 2015/2016 budget deliberations.
3.
Discuss the matter in relation to a new lease for the Stanthorpe Sports Association at a Councillor Briefing in May 2015 to allow a report to be presented to Council this financial year for the adoption of a new lease to commence as from 1 July 2015.
4.
In its budget discussions, consider the option of providing an annual monetary contribution to the lessees of sporting clubs across the Southern Downs Region for the maintenance of grassed areas by them or a contractor.
5.
The CEO provide Council with data on the areas of land, current hours allocated for maintenance of grassed areas within each sports ground before 30 April 2015. Carried
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16.3 BCS - Proposed Freehold Lease to Community Organisations Resolution Moved Cr C Gow
Seconded Cr J Mackenzie
THAT Council receive and note the contents of this report. Carried 02:28 PM Cr J McNally left the meeting. 02:29 PM Cr J McNally rejoined the meeting.
16.4 BCS - Parks Rationalisation Resolution Moved Cr J Mackenzie
Seconded Cr J McNally
THAT Council: 1.
Adopt the recommendation of the Parks Rationalisation Committee to place the following parks into a land register and that the consultation process as adopted continue. Park Number
Park Name
9
Arcoola Park
91
Lysaght Park
43
Ditton Street Road Reserve
69
Houghten Heights Park
137
Shilliday Park
156
Victory Park
Note: The Park Number is taken from the spreadsheet created for the Parks Rationalisation Project which was distributed to Councillors and used at the 1 December 2014 Special Meeting.
Carried
16.4.1
Parks Rationalisation
Resolution Moved Cr J Mackenzie
Seconded Cr V Pennisi
THAT Council, in relation to its resolution of Item 5.2 at its Special Meeting dated 1 December 2014, undertake the actions outlined in Schedule One with a final report to be presented to Council by 30 June 2017. Carried
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16.4.2
Parks Rationalisation
Resolution Moved Cr J Mackenzie
Seconded
THAT Council hereby delegates authority to the Parks Rationalisation Committee to:(a) arrange consultations with the relevant stakeholders for sites marked 6 and 7 in Schedule One and then make recommendations on each to Council accordingly to Council's May 2015 General meeting; (b) undertake discussions with the relevant Council personnel to determine how any impediments on sites marked 2 in Schedule One may be overcome and make recommendations on each to Council accordingly to Council's May 2015 General meeting; (c) in addition to those abovementioned, allocate additional sites marked 3, 4 and 5 in Schedule One into batches of 10 to undergo public consultation; and (d) liaise with the CEO to determine the preferred method of public consultation and advise Councillors accordingly. Lapsed for want of a seconder Lapsed
16.4.3
Parks Rationalisation
Resolution Moved Cr J Mackenzie
Seconded
With prior notice to Councillors, instruct the CEO to undertake immediate public consultation for the batches of 10 sites each month for the remainder of 2015 Lapsed for want of a seconder Lapsed
16.
CONSIDERATION OF CONFIDENTIAL BUSINESS ITEMS
In accordance with the provisions of Section 275(1) of the Local Government Regulation 2012, a local government may resolve to close a meeting to the public and move ‘into Committee’ to discuss confidential items, such that its Councillors or members consider it necessary to close the meeting.
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Recommendation THAT the meeting be closed to the public and move into committee to discuss the following items, which are considered confidential in accordance with Section 275(1) of the Local Government Regulation 2012, which permits the meeting to be closed to the public for business relating to the following, as indicated: 16.2 BCS - Rating Consultation Group (RCG) Reason for Confidentiality
This item is considered confidential in accordance with section 275(1)(c) of the Local Government Regulation 2012, as it contains information relating to the local government budget(h) of the Local Government Regulation 2012, as it contains information relating to and 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. 16.5 Tender Assessment Report - Request for Tender 15/046 "Construction of Berat Forest Springs Road Bridge" Reason for Confidentiality
This item is considered confidential in accordance with section 275(1)(e) of the Local Government Regulation 2012, as it contains information relating to contracts proposed to be made by Southern Downs Regional Council. 16.6 Notice of Appeal to the Planning and Environment Court, Sarah Gordon, 2081 Inverramsay Road, Goomburra Reason for Confidentiality
This item is considered confidential in accordance with section 275(1)(f) of the Local Government Regulation 2012, as it contains information relating to starting or defending legal proceedings involving Southern Downs Regional Council. 16.7 CH Property Holdings Pty Ltd, 11 Rowland Street, Warwick Reason for Confidentiality
This item is considered confidential in accordance with section 275(1)(f) of the Local Government Regulation 2012, as it contains information relating to starting or defending legal proceedings involving Southern Downs Regional Council. 16.8 Release of Silt into Quart Pot Creek, Proposed Legal Action Reason for Confidentiality
This item is considered confidential in accordance with section 275(1)(f) of the Local Government Regulation 2012, as it contains information relating to starting or defending legal proceedings involving Southern Downs Regional Council. Meeting In Camera Resolution Moved Cr J Mackenzie
Seconded Cr R Bartley
THAT the meeting move into closed session. Carried The Meeting moved into closed session at 2:45 pm. 03:04 PM Cr N Meiklejohn left the meeting. 03:04 PM Cr N Meiklejohn rejoined the meeting. Minutes Of The General Council Meeting Held On 25 March 2015
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03:05 PM Cr J Mackenzie left the meeting and took no further part. 03:11 PM Cr V Pennisi left the meeting. 03:12 PM Cr V Pennisi rejoined the meeting. Meeting Out Of Camera Resolved THAT the meeting resume in open session. Carried The meeting resumed in open session at 3:40pm.
16.2 BCS - Rating Consultation Group (RCG) Resolution Moved Cr V Pennisi
Seconded Cr R Bartley
THAT Council : 1. 2. 3. 4. 5. 6. 7. 8.
Receive the Minutes of the RCG Meeting held on 26 February 2015. Adopt, in principle, the proposed 9 new residential rate categories and boundaries to allow rate modelling to occur. Consider setting aside sufficient funds in the 2015-2016 budget for promotion and marketing to the regions community concerning changes to the rating model. Consider commencing a media campaign in the lead up to any changes to the rating model. Endorse the RCG to continue meeting on a monthly basis with a Quarterly RCG Meeting held on every third month (including all Councillors, RCG Members and Council Officers). Provide direction to the RCG for it to concentrate on the Agricultural and Horticultural categories once the residential category modelling has been completed. Provide direction to the RCG to look into including a review with the Extractive Industry category in the SDRC Rating Model in due course. Appoint Mr Davydd Westlake as a new community member on the Rating Consultation Group, representing the horticultural sector, to commence at the next RCG Meeting scheduled on 16 April 2015. Carried
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16.5 Tender Assessment Report - Request for Tender 15/046 "Construction of Berat Forest Springs Road Bridge" Resolution Moved Cr J McNally
Seconded Cr N Meiklejohn
THAT Council: 1.
Subject to successful negotiations of commercial and legal terms, accepts and enters into a contract for Contract No 15/046 “Construction of Berat Forest Springs Road Bridge” with Ozwide Bridge Rail and Civil Pty Ltd generally in accordance with the Request for Tender and Ozwide Bridge Rail and Civil Pty Ltd’s Alternative Tender for the amount of $530,250 (excluding GST).
2.
Resolve to include a budget allocation of $340,000 in the 2015/16 Capital Budget for the completion of the project. The final budget allocation to be subject to actual expenditure on the project closer to the end of the 2014/15 financial year. Carried
16.6 Notice of Appeal to the Planning and Environment Court, Sarah Gordon, 2081 Inverramsay Road, Goomburra Resolution Moved Cr N Meiklejohn
Seconded Cr J McNally
THAT in the matter of Sarah Gordon v Southern Downs Regional Council BD745/15, Council: 1.
Delegate to the Chief Executive Officer power to engage legal counsel and expert witnesses as necessary in defending Council's decision on this development application.
2.
Appoint the Chief Executive Officer as its delegate to participate in any formal mediation or without prejudice proceedings. The delegate is to have authority to commence, negotiate, mediate or settle this action and make an agreement as a result of without prejudice discussions, legal advice or mediation upon such terms as Council’s legal advisors may recommend or approve.
3.
Delegate to the Chief Executive Officer power to engage legal counsel as necessary if the use commences while the appeal is underway; and
4.
Approve the expenditure of more than $50,000 if required for this matter. Carried
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16.7 CH Property Holdings Pty Ltd, 11 Rowland Street, Warwick Resolution Moved Cr N Meiklejohn
Seconded Cr C Gow
THAT Council: 1.
Settle this appeal subject to the conditions contained in this report and instruct Council's Solicitors to seek to have the conditions included in a Court order, in relation to an application assessed against the superseded planning scheme - Warwick Shire Planning Scheme: - Material Change of Use - Residential Use (Multiple dwellings (34 units over 14 stages)) - Subdivision by Building Format Plan with Land (34 Lots and Common property); and
2.
Delegate to the CEO the authority to negotiate conditions required for the purposes of changing the development application in line with the revised plans. Carried
16.8 Release of Silt into Quart Pot Creek, Proposed Legal Action Resolution Moved Cr N Meiklejohn
Seconded Cr J McNally
THAT Council: 1.
Commence legal action against McNab Constructions Australia Pty Ltd in respect of offences under the Sustainable Planning Act 2009 and the Environmental Protection Act 1999; and
2.
Appoints the Chief Executive Officer its delegate in the matters stated in Recommendation 1. The delegate is to have authority to commence, prosecute, negotiate, mediate, settle or cease these actions upon such terms as Council's legal advisors may recommend or approve. Carried
MEETING CLOSURE There being no further business, the meeting closed at 3:45 pm.
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ATTACHMENTS TO MINUTE ITEMS for the GENERAL COUNCIL MEETING 25 MARCH 2015 9.1
Memorandum of Understanding - SDRC and University of Southern Queensland Attachment 1 Memorandum of Understanding ....................................... 24
10.4
BCS - March 2015 Policy Reviews Attachment 1 PL-FS014 Supplementary Rates Policy ........................... 32 Naming Unnamed Roads Attachment1 Map - Unnamed Roads in Leyburn .................................. 37
11.2 12.2
Proposed Amendments to the Flood Hazard Overlay Code Attachment 1 Draft amendments to the Flood hazard overlay code ....... 38
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Item 9.1 Memorandum of Understanding - SDRC and University of Southern Queensland Attachment 1: Memorandum of Understanding
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Item 9.1 Memorandum of Understanding - SDRC and University of Southern Queensland Attachment 1: Memorandum of Understanding
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Item 9.1 Memorandum of Understanding - SDRC and University of Southern Queensland Attachment 1: Memorandum of Understanding
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Item 9.1 Memorandum of Understanding - SDRC and University of Southern Queensland Attachment 1: Memorandum of Understanding
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Item 9.1 Memorandum of Understanding - SDRC and University of Southern Queensland Attachment 1: Memorandum of Understanding
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Item 9.1 Memorandum of Understanding - SDRC and University of Southern Queensland Attachment 1: Memorandum of Understanding
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Item 9.1 Memorandum of Understanding - SDRC and University of Southern Queensland Attachment 1: Memorandum of Understanding
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Item 9.1 Memorandum of Understanding - SDRC and University of Southern Queensland Attachment 1: Memorandum of Understanding
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Item 10.4 BCS - March 2015 Policy Reviews Attachment 1: PL-FS014 Supplementary Rates Policy
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Item 10.4 BCS - March 2015 Policy Reviews Attachment 1: PL-FS014 Supplementary Rates Policy
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Item 10.4 BCS - March 2015 Policy Reviews Attachment 1: PL-FS014 Supplementary Rates Policy
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Item 10.4 BCS - March 2015 Policy Reviews Attachment 1: PL-FS014 Supplementary Rates Policy
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Item 10.4 BCS - March 2015 Policy Reviews Attachment 1: PL-FS014 Supplementary Rates Policy
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Item 11.2 Naming of Unnamed Roads Attachment 1: Map - Unnamed Roads in Leyburn
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Item 12.2 Proposed Amendments to the Flood Hazard Overlay Code Attachment 1: Draft amendments to the Flood hazard overlay code
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Item 12.2 Proposed Amendments to the Flood Hazard Overlay Code Attachment 1: Draft amendments to the Flood hazard overlay code
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Item 12.2 Proposed Amendments to the Flood Hazard Overlay Code Attachment 1: Draft amendments to the Flood hazard overlay code
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Item 12.2 Proposed Amendments to the Flood Hazard Overlay Code Attachment 1: Draft amendments to the Flood hazard overlay code
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Item 12.2 Proposed Amendments to the Flood Hazard Overlay Code Attachment 1: Draft amendments to the Flood hazard overlay code
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