2012-01-18 planning & development committee meeting minutes · 1/18/2012  · reference: nil....

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MINUTES of the PLANNING & DEVELOPMENT COMMITTEE MEETING CHAIRMAN: Cr Ian Petersen Held in the Boardroom Town Hall 2 Caledonian Hill, Gympie Qld 4570 On Wednesday 18 January 2012 at 9.00 a.m. Recommendation to be considered for adoption at the General Meeting to be held on 25 January 2012

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Page 1: 2012-01-18 Planning & Development Committee Meeting Minutes · 1/18/2012  · Reference: Nil. EXECUTIVE SUMMARY . This report has been prepared to seek the endorsement by Council

MINUTES

of the

PLANNING & DEVELOPMENT COMMITTEE MEETING

CHAIRMAN: Cr Ian Petersen

Held in the Boardroom Town Hall

2 Caledonian Hill, Gympie Qld 4570

On Wednesday 18 January 2012 at 9.00 a.m.

Recommendation to be considered for adoption at the General Meeting to be held on 25 January 2012

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Planning & Development Committee Meeting – 18 January 2012 - 1 -

Gympie Regional Council

PLANNING & DEVELOPMENT Cr I.T. Petersen (Chairman), Crs R.J. Dyne, G.L. Engeman, L.J. Friske, R.A. Gâté,

D.R. Neilson, A.J. Perrett, J.A. Walker & J. Watt. APPOINTMENTS etc. Nil. CONTENTS LEAVE OF ABSENCE ........................................................................................................................................ 3

NIL ...................................................................................................................................................................... 3 APOLOGIES ......................................................................................................................................................... 3

NIL ...................................................................................................................................................................... 3 DECLARATION OF INTERESTS BY COUNCILLORS ................................................................................. 3 CONFIRMATION OF PREVIOUS MINUTES ................................................................................................... 3 SECTION 1: STRATEGIC PLANNING MATTERS ........................................................................................ 4

1/1 COUNCIL ENDORSEMENT OF THE FINAL GYMPIE REGION WALK AND CYCLE STRATEGY .................. 4 1/2 MARINE MAMMAL LEGISLATIVE REVIEW ............................................................................................ 10

SECTION 2: PLANNING APPLICATIONS .................................................................................................... 14

2/1 2009-2130 – MATERIAL CHANGE OF USE – MULTI-RESIDENTIAL (SIX (6) UNITS) – 63 KING STREET, GYMPIE – CJ BLACK MEDICAL PTY LTD .............................................................. 14 2/2 2011-1206 – MATERIAL CHANGE OF USE OF PREMISES – RESIDENTIAL PREMISES (DUPLEX DWELLING HOUSE) – 94 KIRSTEN DRIVE, CURRA ............................................................ 48

SECTION 3: RECONFIGURING A LOT APPLICATIONS .......................................................................... 58

3/1 2011-0611 – RECONFIGURING A LOT – SUBDIVISION TO CREATE ONE (1) ADDITIONAL LOT – MARYS CREEK ROAD, MARYS CREEK – AHERN JAMES NAISMITH .................................................. 58 3/2 2011-1093 – REPRESENTATIONS FOR DEVELOPMENT APPLICATION FOR RECONFIGURATION OF A LOT – BOUNDARY REALIGNMENT – LOT 36 MZ1089, LOT 22 & 35 MZ230 AND LOT 32 MZ901 – DADDAMARINE ROAD, BOOUBYJAN ...................................................................... 66

SECTION 4: PLANNING APPLICATIONS PENDING ................................................................................. 74

4/1 PLANNING APPLICATIONS PENDING ................................................................................................... 74 4/2 DEVELOPMENT APPROVALS ISSUED IN ACCORDANCE WITH DELEGATION SCHEDULE .................... 83

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Gympie Regional Council

SECTION 5: GENERAL MATTERS ................................................................................................................ 86 5/1 BUILDING SUMMARY AND REPORT FOR THE MONTHS OF NOVEMBER & DECEMBER 2011 ............. 86 5/2 PROPOSED NAMING OF HISTORICAL SITE – BYRNES RESERVE ....................................................... 86

SECTION 6: MATTERS FOR COUNCIL’S INFORMATION ....................................................................... 89 SECTION 7: “IN COMMITTEE” ITEMS ........................................................................................................ 91

7/1 MARTIN –V– GYMPIE REGIONAL COUNCIL – PLANNING AND ENVIRONMENT APPEAL NO. 21 OF 2011 .............................................................................................................................................. 91 7/2 SHOW CAUSE NOTICE – 2 MARY ST, GYMPIE – REIMBURSEMENT OF COST .................................. 92 7/3 PROPOSED PURCHASE OF RESERVATION IN TITLE CONTAINED WITHIN LOT 2 ON MCH3707, PARISH OF TRAVESTON ..................................................................................................................... 92 7/4 PROPOSED PURCHASE OF RESERVATION IN TITLE CONTAINED WITHIN LOT 2 ON MCH3629, PARISH OF TRAVESTON ..................................................................................................................... 92 7/5 DRAFT PLANNING SCHEME – ZONING SCHEME ................................................................................ 93

SECTION 8: GENERAL BUSINESS ............................................................................................................... 93

NIL .................................................................................................................................................................... 93 SECTION 9: ATTACHMENTS ......................................................................................................................... 93

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Gympie Regional Council

The meeting opened at 9.00 a.m. PRESENT: Crs I.T. Petersen (Chairman), R.J. Dyne, G.L. Engeman, L.J. Friske,

R.A. Gâté, D.R. Neilson, A.J. Perrett, J.A. Walker & J. Watt. Also in attendance were Mr B.J. Smith (Chief Executive Officer),

Mr M. Hartley (Director of Planning & Development) and Ms K. Sullivan (Minutes Secretary).

LEAVE OF ABSENCE Nil

APOLOGIES Nil

DECLARATION OF INTERESTS BY COUNCILLORS

P08/01/12 – Cr G.L. Engeman – Conflict of Interest CONFIRMATION OF PREVIOUS MINUTES

P01/01/12 Moved: Cr J. Watt Seconded: Cr R.A. Gâté

That the Minutes of the Planning & Development Committee Meeting held on 7 December 2011 be taken as read and confirmed.

Carried.

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Gympie Regional Council

SECTION 1: STRATEGIC PLANNING MATTERS 1/1 Council endorsement of the Final Gympie Region Walk and Cycle

Strategy Re: P02/01/12 Endorsement of Gympie Region Walk and

Cycle Strategy From: Planning and Development Directorate File: 6/6/10/0024 Date: 09 January 2012 Reference: Nil EXECUTIVE SUMMARY This report has been prepared to seek the endorsement by Council of the Final Gympie Region Walk and Cycle Strategy.

PREVIOUS COUNCIL CONSIDERATIONS P02/02/11 “Allocates $10,000 from budget no. 2521003.1000 to be used to collaborate with the Department of Main Roads and Transport to update and review Council’s Pedestrian and Cycle Strategy 2003.”

Letter from GHD: “GHD is pleased to submit the Gympie Region Walk & Cycle Strategy (Final Report). The following items are attached: • Volume 1 - Strategy Report (2 hard copies, 1 electronic copy). • Volume 2 - Network Maps and Implementation Plan (2 hard copies,

1 electronic copy). • Supporting information - GIS shapefiles and network spreadsheet. • Summary of report amendments, in response to TMR and Council

comments (letter dated 1 November 2011). GIS shapefiles are in GDA94 MGA Zone 56 and are viewable with ESRI's ArcMap. To join the excel table with the shapefile, base the join on the unique "Link_ID" field. On behalf of the GHD team, it has been a pleasure working with you and your team. GHD trusts that the Final Report will provide both Council and TMR with a long term vision for active transport in the Gympie Region.”

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Gympie Regional Council

Report: (Strategic Planning Officer – R. N. Halse) 1. INTRODUCTION The above letter from consultants GHD including Volume One (1) & Two (2) of the final Gympie Region Walk and Cycle Strategy was received by Council on the 16 December 2011. 2. PROJECT BACKGROUND On the 2 February 2011, Council resolved at its Planning and Development Committee Meeting to allocate $10,000 to the update of Council’s 2003 Bicycle and Pedestrian Plan. The need to update the strategy came about via two factors; firstly, Council’s Engineering Directorate had completed work on developing plans for future pathway development using the Priority Infrastructure Planning process. And secondly, the Department of Transport and Main Roads (TMR) were seeking to develop a strategy for the future of State controlled road networks and their relationship with local controlled roads and pedestrian facilities. The department sought the use of Council’s own 2003 Bicycle and Pedestrian Plan to help inform the department’s planning. After discussions with the department and Council, it was decided that it would be beneficial to both parties if the existing Bicycle and Pedestrian Plan was updated to reflect the PIP planning and to include new best practice management of pedestrian and cycling facilities and infrastructure. The cost of the project was in excess of $65,000 with Council providing a monetary contribution of $10,000, the 2003 strategy as a basis to update and build upon, and additionally in-kind assistance. TMR paid for the remainder of the project.

Fig 01: Copy of the 2003 Cooloola Shire Council Bicycle & Pedestrian Plan

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Gympie Regional Council

3. OVERALL AIM OF THE STRATEGY To consolidate the newly amalgamated areas of Kilkivan and

southern Tiaro to form a region wide Walk and Cycle Strategy;

to allow GRC and TMR to undertake a co-ordinated approach to the future development of pedestrian and cyclist facilities on the local and State-controlled road networks within the Gympie Region;

to identify gaps or shortfalls in the existing pedestrian and cyclist

network, highlight constraints along potential routes and provide guidance on the most appropriate cyclist and pedestrian treatments; and

To provide a safe and reliable pedestrian and cyclist network which

will encourage local communities to adopt a more environmentally friendly form of travel while improving the communities overall health and wellbeing.

4. CHALLENGES AND OPPORTUNITIES The steep terrains around the Gympie CBD coupled with flooding issues, the region’s remote rural localities, and the community’s attitude toward commuting to work or school presented many planning challenges for the strategy. Traditionally, cycling or walking to work or school in Gympie was seen as a last resort. The terrain, and in some places the lack of pathways forced people to rely on private transport. The Walk and Cycle Strategy has been designed to kerb this trend with measures put in place that will encourage people to dust off the ‘old bike’ and to ‘lace up the shoes’. It is hoped that by developing this strategy and by building out the proposed network we can begin to change people’s attitudes towards walking and cycling in the Gympie Region. 5. WHERE TO FROM HERE? Subject to Council endorsing the strategy in its current format, and the Department of Transport and Main Roads obtaining sign off from their Minister, Council and the department can begin to implement the strategy across the region. It is proposed that an electronic version of the document be provided on-line in addition to one hard copy being located in each local library across the region. Additionally, a hard copy version of the document will be provided to the appropriate Directorates for their own reference.

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Gympie Regional Council

The new mapping information accompanying the strategy will be provided to Geographical Information System (GIS) team in shape-file format and will be uploaded to Council’s mapping system Latitude. Once the strategy is endorsed, Council can begin to use the document to guide the development of future pathway networks which in turn will provide justification for funding programs such as TIDS. Finally, Council General Manager of Design Division, Mr Lawry O’Brien and Design Manager, Mr Glenn Alexander has contributed significantly to the strategy and both endorse this final report. 6. CURRENT ACHIEVEMENTS − The Gympie Region Walk and Cycle Strategy 2011 will be used to

assist in the development of the Wide Bay Burnett Principal Cycle Network Plan (PCNP), a recommendation of the Wide Bay Burnett Regional Plan.

− In its draft format the Walk and Cycle Strategy was a finalist for the

Queensland Outdoor Recreation Federation (QORF) Awards under the category of the Government Achievement Award. The nomination was for the collaborative work of GRC and TMR to produce the Gympie Region Walk and Cycle Strategy.

7. CONCLUSION In conclusion, both Gympie Regional Council and the Department of Transport and Main Roads should be commended for collaborating to develop a strategy for the betterment of the entire region. By local and state governments working together, more can be achieved, duplication can be reduced and relationships can be fostered. Therefore, it is recommended to Council that the Gympie Region Walk and Cycle Strategy 2011 is endorsed by Council.

8. STRATEGIC IMPLICATIONS Corporate Plan Outcome 1.5 Continue to provide a range of community facilities for the Region.

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Gympie Regional Council

Operational Plan 4.3 Strategic and Regional Planning To provide a planning framework that stimulates and coordinates investment in the Region while respecting environmental and community values and infrastructure needs and the enhancement of lifestyle of residents. Budget No budget required to endorse this strategy. Legal/Statutory No legal requirements. Risks Low 9. CONSULTATION A project team was established to progress the development of the strategy. The team consisted of GRC and TMR representatives. This included Glenn Alexander, Lawry O’Brien and Ric Halse from GRC, and Michael Chambers (Senior Transport Advisor) and David Hogan (Principal Transport Planner) from TMR. A workshop was held on the 22 September 2011 at the Gympie Civic Centre to discuss the Draft Walk and Cycle Strategy. The following people participated in this workshop: Cr Jan Watt GRC Councillor and Chairperson of the Sport, Recreation and Park Coordinating Committee; Cr Rae Gate GRC Councillor and Sport, Recreation and Park Coordinating Committee member; Cr Donna Neilson GRC Councillor and Corporate Governance and Finance Chairperson; Cr Larry Friske GRC Councillor, Works & Services Committee Chairman and Sport, Recreation and Park Coordinating Committee member; Ric Halse GRC Strategic Planning Officer and Sport, Recreation and Park Coordinating Committee

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Gympie Regional Council

Glenn Alexander

GRC Design Services Manager and Sport, Recreation and Park Coordinating Committee

Joanna Robey Mary Valley Sport & Recreation Coordinator

Ed French GRC Parks Manager and Sport, Recreation and Park Coordinating Committee Lawry O’Brien GRC General Manager Design Division/ Deputy Director Engineering

Judy Davis Senior Health Promotion Officer for Qld Health and Chairperson of the Cooloola Physical Activity Taskforce

Jason Newell GRC Student Planning Officer Stephanie Oldroyd GHD Senior Consultant

Additionally, Council’s Sport, Recreation and Parks Coordinating Committee members were all integral to the development of the strategy with each member providing their own input into the process.

10. ATTACHMENTS – (See Attachment 1 – For Councillors only) • Volume One (1) – Strategy Report; and • Volume Two (2) – Network Maps and Implementation Plan.

P02/01/12 Moved: Cr J. Watt Seconded: Cr J.A. Walker

Recommend that the strategy be tabled as a draft, and presented to the next meeting of the Planning and Development Committee for endorsement.

Carried.

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Gympie Regional Council

Ms A. Gosley (Environmental Planning Officer) entered the meeting at 9.02 a.m.

1/2 Marine Mammal Legislative Review Re: P03/01/12 Marine Mammal Legislative Review From: Environmental Planning Officer File: 6/5/14/0009 Date: 12 January 2012 Executive Summary: A review of the Nature Conservation (Whales and Dolphins) Conservation Plan 1997 and the Nature Conservation (Dugong) Conservation Plan 1999 is being undertaken by the Department of Environment and Resource Management (DERM). This review focuses on commercial marine mammal watching, proximity restrictions (approaching marine mammals), special management declarations, commercial dolphin feeding and other legislative provisions (new marine mammal legislation to be incorporated into regulation, Queensland guidelines for marine mammal watching, disturbance, accidental take of dugongs and filming). Report: (Environmental Planning Officer– A.J. Gosley) 1.0 INTRODUCTION A review of the Nature Conservation (Whales and Dolphins) Conservation Plan 1997 and the Nature Conservation (Dugong) Conservation Plan 1999 is being undertaken by DERM. As part of the consultation for the review DERM has prepared a submission form for public comment. 2.0 OVERVIEW OF CURRENT LEGISLATION The review focuses on: • Commercial marine mammal watching

“Section 10 of the Nature Conservation (Whales and Dolphins) Conservation Plan 1997 currently restricts commercial whale watching in Queensland to marine parks. A commercial whale watching industry has developed in Commonwealth waters off the Gold and Sunshine coasts. To access these whale watching areas, operators must traverse State waters which are not marine park.”

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Gympie Regional Council

• Proximity restrictions (approaching marine mammals)

“The current conservation plans do not provide proximity restrictions for marine mammal calves, dugongs or for boats around dolphins. The angle by which you can approach a marine mammal is not currently prescribed in legislation; it is stated in the Code of Practice for commercial whale watching.”

• Special management declarations

“Four special management areas are described in the current whale and dolphin management program. The purpose of these areas is to ensure conservation of the species by protecting whales from harassment and providing for continued integrity of long term scientific research programs. The current areas of interest are: the Whitsunday management area, the Hervey Bay management area, the Moreton Bay-Fraser Island management area and the Gold Coast-Moreton Island management area. The purpose is to protect a whale or dolphin which may be at risk of harassment, injury or death and can include white whales, a female about to give birth, or an injured animal.”

• Commercial dolphin feeding “There are historical feeding programs operating at Tin Can

Bay and Tangalooma, Moreton Island. It is an offence to intentionally feed a whale or dolphin unless under a program permitted under the Marine Parks Act 2004. The feeding program at Tangalooma, Moreton Island is a permitted program under marine park legislation.

The Tin Can Bay program operates outside of a marine park and is therefore not subject to marine park legislation.”

• Other legislative provisions (new marine mammal legislation to be incorporated into regulation, Queensland guidelines for marine mammal watching, disturbance, accidental take of dugongs and filming).

3.0 FOCUS OF THE REPORT – COMMERCIAL DOLPHIN

FEEDING DERM has proposed three (3) legislative options under the marine mammal legislation review. These include:

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Gympie Regional Council

OPTION ONE: “Provide a legislative basis for authorising and conditioning the Indo-pacific humpback dolphin feeding program at Tin Can Bay and restrict, through legislation, dolphin feeding to existing programs at Tin Can Bay and Tangalooma. The feeding at Tin Can Bay will be restricted to the dolphins authorised by the current agreement. The management intent at Tin Can Bay is to prevent the further recruitment and habituation of animals from the wild dolphin population. The proposed regulated program would therefore be based on agreed, identified individual animals.” OPTION TWO: “Provide a legislative basis for authorising and conditioning the dolphin feeding program at Tin Can Bay and restrict, through legislation, dolphin feeding to existing programs at Tin Can Bay and Tangalooma only. The program at Tin Can Bay will be authorised to allow for limited recruitment and habituation of animals from the wild dolphin population to enable the program to be ongoing.” OPTION THREE: “Do not address Tin Can Bay dolphin feeding in the legislative review and leave as is.” OPTION FOUR: An email has been sent to Council by a commercial fishing adviser requesting that an option four be included in submissions. This option reads: “The dolphin-feeding program at Barnacles Tin Can Bay, will be authorised, to be on going and will allow for limited dolphin recruitment, from within the family unit, in Tin Can Inlet. The program will operate under the current 30-6-06 conditions for Continued Dolphin Feeding at Tin Can Bay, document, with an amendment, on condition 1, to reflect the limited dolphin recruitment, with in that 25 conditions for Continued Dolphin Feeding at Tin Can Bay document . These animals already have a strong understanding of Snapper Creek, Boat Harbour, boats, commercial fishing and human interaction and regardless of the feeding program, have little dependence on it and readily move back with the Tin Can Inlet pod or separate and do whatever dolphins do. These animals still hunt in groups or singly, and take in the food volume and fish species that they would normally.

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Gympie Regional Council

No change, of behaviour, can been observed, by dolphin volunteers and long-term Tin Can Bay inshore net fishers who have had the most consistent chances of observation and contact with these dolphins within Tin Can Inlet and the Great Sandy Straits. These Indo Pacific Humpback Dolphins are very social with human interaction, which link back to indigenous fish gathering practices.” 4.0 CONCLUSION The legislation relating to commercial marine whale watching, proximity restrictions (approaching marine mammals), and special management declarations is not Councils core business and some of these activities are not currently being undertaken in the Gympie Region (for example, whale watching). However, issues relating to commercial dolphin feeding have the potential to impact on the Gympie Region, particularly from an economic and tourism perspective. It is recommended that Council provide a submission to the marine mammal legislative review, with a focus on commercial dolphin feeding. Council Officers have considered all options and agree that option two is the preferred option. Option four was considered, however the only distinguishable differences between the options was the additional information that was provided in option four. Both option two and four authorise the dolphin feeding program at Tin Can Bay and allow for limited recruitment of animals. Some concern is raised on the subject of limited recruitment, particularly in relation to the monitoring of animals and how these animals are recruited. It is suggested that Council’s submission should request the removal of the proposed restriction. 5.0 ATTACHMENT (See Attachment 2) Marine mammal legislative review submission form

P03/01/12 Moved: Cr G.L. Engeman Seconded: Cr D.R. Neilson Recommend that Council authorise the Director of Planning and Development to make a submission on behalf of Council on the marine mammal legislative review, providing comments on commercial dolphin feeding. It is recommended that Option 2 be supported subject to any restrictions on numbers of animals being recruited being removed from the agreement.

Carried. Ms A. Gosley left the meeting at 9.09 a.m.

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Gympie Regional Council

Ms T.M. Stenholm (Manager Development & Compliance) entered the meeting at 9.09 a.m.

SECTION 2: PLANNING APPLICATIONS 2/1 2009-2130 – Material Change of Use – Multi-residential (Six (6) Units) –

63 King Street, Gympie – CJ Black Medical Pty Ltd FILE NO: P04/01/12 2009-2130 APPLICANT: CJ Black Medical Pty Ltd LANDOWNER: CJ Black Medical Pty Ltd as

Trustee RPD: Lot 2 on MPH5058 SITE ADDRESS: 63 King Street, Gympie CURRENT USE OF LAND: Single Detached Dwelling PROPOSAL: Material Change of Use – Multi-

Residential (6 Units) EXISTING ZONE: Housing PREFERRED USE AREA: Nil PLANNING AREA: Gympie LEVEL OF ASSESSMENT: Code (Inconsistent)

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Gympie Regional Council

KEY POINT SUMMARY

• Application for multi-residential six (6) units; • Site Area (Lot 2 MPH5058) is 2 023m2; • No referral agencies applicable; • Development is an inconsistent use as more than two (2)

dwellings have been proposed and the site is not in the Mixed Housing Preferred Use area

• The development site is affected by Q100 flooding; • Concern is raised over the scale and density of the development

in comparison to that of the surrounding area and on a flood constrained site.

• Sufficient planning grounds not considered to exist to warrant approval of the development.

• Application recommended for refusal. Report: (Planning Officer – Luke Farrelly) 1.0 Application This application seeks a development permit for a six (6) unit development. The application has previously been reported to Council’s Planning and Development Committee Meeting on 20 April 2011. The most recent Minute P27/04/11 resolved to: Recommend the matter be referred to a future Planning and Development Committee to enable staff to have further discussions with the applicant. 2.0 Background When first lodged, the application was for six (6) units retaining the existing dwelling house. Concern was raised by assessment staff about some aspects of the application (location, inconsistent use, density, built form) in an Information Request. The applicant responded with a revised design partially addressing some issues, but removing the house and increasing the number of units to eight (8). The application was then presented to the Planning and Development Committee Meeting on 20 April 2011 recommending refusal. Council resolved not to refuse the application, but that further discussions should be held with the applicant, with a view to seeking an amended and less intense proposal.

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Gympie Regional Council

Discussions with the applicant have been undertaken and a revised design has been received by Council. The subject report provides a Planning assessment of the latest revised design. 3.0 Previous Report A copy of the previous report and recommendation (the report is formatted in italics and indented) is provided follows:

Report: (Planning Officer – S. F Court) 1.0 Application This application seeks a development permit for an eight (8) unit development. Each unit is proposed to either be three (3) bedrooms or two (2) bedrooms, single or double storey and will have basement carports. Additional areas for visitor car parking are proposed and private and communal open space areas are incorporated within the development.

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Gympie Regional Council

Proposal Plans

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Gympie Regional Council

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Gympie Regional Council

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Gympie Regional Council

The site is identified on the following map as being zoned Housing:

Subject Site

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There are no Overlay Maps over the site:

1.1 Site Description The site is located near the corner of King Street and Pine Street, Gympie. The site comprises freehold title described as Lot 2 MPH5058 and has a total area of 2 023m2. 1.2 Surrounding Land Uses The site is contained within a residential neighbourhood which predominately comprises of detached residential properties.

Subject Site

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Gympie Regional Council

As can be seen in the above aerial photograph the only existing multi-residential development in the surrounding area is a duplex located at Lot 1 MPH32382. This was approved in 1988 when the first Gympie City planning scheme had been implemented. 2.0 STATUTORY REQUIREMENTS 2.1 Compliance with the Planning Scheme 2.1.1 Scheme Definition As the application involves more than one dwelling it is classified as ‘Multi-Residential’ by the planning scheme. 2.1.2 Development Provisions – Material Change of Use Applications for Multi-Residential uses in the Housing zone are Code Assessable and subject to assessment by the following codes: Gympie Planning Area Code The Housing Zone aims to provide a range of housing forms, with a high level of amenity and well designed, attractive medium density housing in proximity to services and public transport.

Subject Site

Existing Duplex

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Gympie Regional Council

The development is an inconsistent use as more than two (2) dwellings have been proposed and the site is not in the Mixed Housing Preferred Use area. The applicant has provided the following grounds as justification for the development: “we note Council's advice that it considered that the original design did not comply with the Overall Outcomes for the Gympie Planning Area, and that the Planning Scheme does not support the encroachment of multi-residential activities into residential areas where such activities could be accommodated in a more appropriate location. It is understood that Council considers 'a more appropriate location' to be a Mixed Housing Preferred Use Area in the Planning Scheme. There is a considerable area of housing zoned land in the surrounding area which is also located in the mixed housing precinct. Properties adjoining the subject site that front both Pine Street and Henry Street are located across the road from land that is included in the Mixed Housing Preferred Use Area and therefore these adjoining properties are located in very close proximity to an area preferred by Council for unit development. Many of the lots located within the nearby Mixed Housing Preferred Use Area contain detached dwelling houses and have not yet been developed for multi-residential use despite such development being preferred development in these areas. It is our experience following numerous due diligence investigations on sites within the Mixed Housing Preferred Use Area that the existence of detached dwelling houses on these lots can effectively diminish the viability of potential unit development which is complicated by the issue of the removal of the existing house or integration of the existing house into the development. Therefore whilst Council would prefer that multi-residential development is confined to Mixed Housing Preferred Use Areas in the Housing Zone, this is not always feasible and/or practicable given the existing development in these areas. Furthermore, the existence of detached dwelling houses on lots with the Mixed Housing Preferred Use Areas results in a mixture of residential and multi-residential uses within these areas with the emphasis on residential uses which is similar to the situation if multi-residential development were approved on the subject site.

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Planning & Development Committee Meeting – 18 January 2012 - 28 -

Gympie Regional Council

The applicant considers that the site is an appropriate location for multi-residential development based on the following grounds: • the site is a large housing lot (2023m2 in area) of similar size to

many of the larger housing lots located within the nearby Mixed Housing Preferred Use Areas and with the existing dwelling house is located at the front of the lot much of the site is currently vacant land therefore the site is considered by the applicant to be under utilised;

• the site abuts and overlooks flood prone land (i.e. 61 King Street) and consequently it is unlikely that this flood prone land will be developed for residential uses therefore it is not expected that the proposed development will impact on the future use or enjoyment of this adjoining flood prone land;

• the site benefits from a public park on the opposite side of King Street which provides public open space expected to be commonly utilised by unit occupants;”

• the site nearly abuts an existing duplex and is in close proximity to aged persons accommodation, public parks, government offices, an education precinct, both public and private hospitals, public transport, and is less than 1.3 kilometres from the centre of Gympie providing a high level of convenience to unit occupants via near direct access from surrounding road networks;

• as stated above, the subject site is located in close proximity to nearby Mixed Housing Preferred Use Areas and in fact adjoining properties to the north and east of the site face land across the road that is included in the Mixed Housing Preferred Use Areas therefore multi-residential development of the site would not result in a significant encroachment of multi-residential activities into residential areas;

• the adjoining properties to the subject site and including the subject site have domestic outbuildings in addition to dwelling houses on each lot which create a buffer between the dwelling houses on adjoining lots and the subject site and suggest that there is limited residential amenity in the immediate area as there is more than one residential building on each lot at present;

• the applicant has aimed to maintain the character and amenity of the locality through the building design and siting of the unit development, the location of the driveway and car parking areas on the south-eastern side of the buildings adjoining the vacant flood prone land, and the provision of appropriate screen fencing and landscaping;…

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Planning & Development Committee Meeting – 18 January 2012 - 29 -

Gympie Regional Council

In summary, it is relevant that:- • The amenity of Gympie will be maintained to a significant

degree through appropriate design of the development. • An additional housing choice will be provided contributing to

Gympie having a range of affordable housing choice in proximity to necessary services and public transport.

• The proposed use will be compatible with the surrounding residential uses and parks.

• The proposed use is located, designed and managed to maintain the safety of people by a suitable design of the development.

• The proposed use will be appropriately designed and managed to as not to have any significant adverse effects on the natural environment.

• The proposed use is not expected to place a significant increase in demand on community infrastructure.

• The proposed use will service the needs of the local community.

From a town planning perspective, there is a need to override the intention of the planning scheme in this case because: (a) There is a need for unit development in close proximity to the

centre of Gympie site. (b) The land preferred by Council for multi-residential development

is not being developed for this purpose at the rate anticipated in the Planning Scheme.

(c) The site is an appropriate location for multi-residential development.

(d) The existing 'amenity of the surrounding area is a mixture of residential use, multiresidential use, vacant land and public open space, therefore the proposed development is expected to maintain the level of amenity.

(e) The building design and siting and provision of landscaping and screen fencing will aim to minimise the impact of the development on adjoining occupants.

(f) The overall benefit to this community in providing central housing choices far outweighs any potential adverse impacts resulting from departing from the intentions of the planning scheme.”

In responding to the concerns raised by Council over the scale and density of the development on a flood prone site, the applicant increased the density of the application from retaining the existing dwelling and subdividing the lot to create one (1) additional lot with a six (6) unit development to removing the existing dwelling and proposing an eight (8) unit development.

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Planning & Development Committee Meeting – 18 January 2012 - 30 -

Gympie Regional Council

The development is proposed in an area where low dense residential development predominates. Whilst the development complies technically with the provisions allocated to unit developments when proposed in the preferred area, there is nothing apparently significant about the development site that supports its suitability for multi-residential development. To the contrary, the site is crossed mid-way via the Q100 flood contour and the development has been designed such that basement car parking would be affected in such a flood event. The question arises of the appropriateness of approving development where residents will be affected by flood when other unconstrained land is available. As indicated in the applicant’s grounds the property is adjoined by vacant flood constrained land to the south and opposite is public open space. Given this, and the existing density of the area, the development poses a large contrast in scale and intensity.

The maximum height of the buildings is indicated to be 8.3m, however from the south-east elevation the development presents as three-storeys. This further contributes to the scale and intensity of this proposal being out of character with the area.

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Planning & Development Committee Meeting – 18 January 2012 - 31 -

Gympie Regional Council

For comparative purposes, the development has enough land area to be subdivided into two (2) lots and then developed with duplexes on each. However, taking into account the location of the Q100 flood line a complying design would be difficult to achieve. Provision and Effects of Works The development proposes two (2) storey units with garages located in the basement. The definition of “storey” in the Cooloola Shire Council Planning Scheme is the “space within a building between one floor level and the floor level of the next level above it, or if there is no floor above, the ceiling or roof above, provided the height of the space does not exceed 5 metres. Any such space that exceeds 5 metres in height comprises more than one storey. The term includes a space that contains a bathroom, water closet or other sanitary compartment, or any accommodation for vehicles. The term does not include a basement where no part of the ceiling is more than 1.0 metre above natural ground level.” The applicant has only provided plans to demonstrate the natural ground level for the north-east and north-west elevations. The applicant has not provided where the natural ground level is on the south-east elevation to demonstrate that the covered carparking areas in the basement are not more than 1.0 metres above natural ground level. Therefore the proposal may not comply with the number of storeys requirements as highlighted in the scheme. Multi Residential Code Site coverage for the development is 34%, below the 40% maximum nominated in the planning scheme. Plot ratio also meets scheme requirements. Each dwelling unit provides at least 35m2 of private open space and minimum dimensions of 3 metres. This is considered acceptable with regard to the Specific Outcome. Communal open space areas are to be provided at the rate of 0.2m2 per square metre of Gross Floor Area. The proposal exceeds this requirement. Refuse storage areas are proposed to be located near to the visitor car parking in the south of the site. It is 13.4 metres from the road frontage and 3.4 metres from the side boundary.

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Planning & Development Committee Meeting – 18 January 2012 - 32 -

Gympie Regional Council

Therefore the refuse storage area is considered to meet the schemes requirements. Maximum height in the Gympie Planning Area for the Housing Zone is 8.5 metres and two storeys. The proposal includes one (1) and two (2) storey units. The proposed maximum height above natural ground level is 8.3m. This achieves the maximum height requirements. Dwelling intensity complies with requirements of one (1) dwelling per 250m2 of site area proposing four dwellings for a 2 023m2 lot. The building achieves minimum setbacks in accordance with the planning scheme provisions for multi-residential development from King Street and the side boundaries. The development does not comply with setbacks at the rear of the development. The development proposes a 2.0m setback at the rear. However, as the height above natural ground level is 8.3m the minimum setback is 2.5m according to Schedule Table 3 Minimum Boundary setbacks for Residential Buildings and Structures. The applicant has proposed landscaping 2.0m wide and a retaining wall. As the development can not comply with the minimum setback at the rear of the property it raises privacy and amenity concerns for the adjoining neighbour and confirms the concerns raised regarding the scale and intensity of the development on the surrounding uses. Erosion and Sediment Control Code No conflict is raised with the code, with appropriate sediment control measures able to be conditioned at the operational works stage of the application. Infrastructure Works Code The site is serviced by all of the items listed in the provision of works table in the code, other than a footpath. There is presently no footpath in King Street. Water Supply and Sewerage Headworks charges are applicable in accordance with Planning Scheme Policy 7: Water Supply and Sewerage Headworks Contributions, Works External and Works Internal.

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Planning & Development Committee Meeting – 18 January 2012 - 33 -

Gympie Regional Council

Landscaping Code Landscaping provisions for multi-residential development include: o 2 metres wide averaging 3 metres wide along all frontages

where buildings are not built to the boundary; o minimum 2 metres wide along each side and rear boundary

where buildings are not built to boundary; and o car parking areas landscaped with shade trees. The submitted amended proposal plans comply with the required landscaping specified in the Landscaping Code. A condition relating to the species required for the development could be implemented should Council approve the development. Vehicle Parking and Access Code The overall outcomes of this code are the provision of sufficient vehicle parking for users of the premises on site, adequate circulation space within the site and safe and efficient movement of vehicles at ingress or egress points. The Planning Scheme nominates a car parking requirement of 1.5 spaces per dwelling for multi-residential development. For this development this equates to twelve spaces. The proposal nominates eight (8) covered spaces and four (4) uncovered spaces for visitors. Please refer to the Design Departments report relating to internal vehicle movement and parking for the development. 2.3 Local and/or State Planning Policies There are no local or state planning policies applicable to this application. 3.0 PLANNING CONSIDERATIONS 3.1 Appropriateness of the Proposal The application proposes eight (8) units not in the Mixed Housing Preferred Use area. The location of the development has been discussed previously in the report and has been suggested as inappropriate.

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Planning & Development Committee Meeting – 18 January 2012 - 34 -

Gympie Regional Council

3.2 Impact on Amenity The impact of the development on amenity has been discussed previously in the report. 3.3 Site Access and Traffic The site is located near the corner of King Street and Pine Street. The proposed use will generate additional traffic and a contribution in accordance with Planning Scheme Policy 13 would be applicable to any approval of the development. 3.4 Flooding According to Specific Outcome 12 of the Gympie Planning Area (Housing Zone) Code buildings should be “appropriately sited with respect to protection from flood events”. It has been discussed previously in this report that although the minimum floor levels are above Q100, the site is crossed mid-way via the Q100 flood contour and the development has been designed such that basement car parking would be affected in such a flood event. The appropriateness of approving a development where residents and property (cars and storage) will be affected by flood when other unconstrained land is available has been raised. 3.5 Need for Increased Community Services and Facilities Council does not currently levy park and recreation contributions for unit developments. 3.6 Site Contamination The site is not listed on the Environmental Management Register. 3.7 Utilities and Services The site is presently serviced by reticulated water and sewerage and headworks charges are applicable in accordance with Planning Scheme Policy 7 – Water Supply and Sewerage Headworks Contributions, Works External and Works Internal.

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Planning & Development Committee Meeting – 18 January 2012 - 35 -

Gympie Regional Council

4.0 INTERNAL CONSULTATION (a) Department of Engineering Report: (Manager, Major Projects – N. Weller) This engineering report is based on the information submitted by the applicant on 15 March 2011 in response to Council’s information request of 10 February 2010. This is now a proposal for 8 units over the whole of Lot 2 on MPH5058. TRAFFIC The existing use is a detached dwelling. The proposed use is 4 x 2 bedroom and 4 x 3 bedroom units. PSP13-2011 returns an increase in daily vehicle trip ends of 46. The Urban Road infrastructure contribution becomes $16,386. FRONTAGE / ACCESS King Street is constructed full length to a 8.5 metre seal with kerb and channel and connects to Pine Street to the north and Iron Street through Commissioners Gully. A footpath exists on the opposite side of the road. The footpath contribution is part of the Urban Road infrastructure contribution STREET LIGHTING Street lighting on the frontage is inadequate for this density of development. A contribution of $1,000 is recommended for installation of street lighting on the frontage of the lot. INTERNAL VEHICLE MOVEMENT AND PARKING The applicant has stated that it has demonstrated that vehicles can enter and exit the property in a forward direction when all car parks are occupied. The manoeuvre shown on the submitted drawing requires the medium sized vehicle to remove the rear of the adjacent parked vehicle with the front of the exiting vehicle and back into the garage door of Unit 2 to exit the park. This could be corrected by moving the car parks south east by 1.5 metres. Unit 2 garage does not conform to AS2890.1 in length / width. It is possible to modify the building for this garage to comply. WATER AND SEWERAGE The site is serviced with water and sewerage. Two sewer lines traverse the property. One is clear of the buildings.

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Gympie Regional Council

The applicant has not submitted a Building Over Sewer Application for the other line. Any approval of the proposal therefore must be conditional upon the approval of a Building Over Sewer Application. FLOODING Q100 covers about 50% of the site. The proposal is to flood the garage and storage areas of Units 1 and 2 and have 2 metres of water over the access to King Street. All liveable areas are proposed to be 0.5 metres above Q100 level. STORMWATER DRAINAGE The applicant has not demonstrated how external or internal stormwater runoff will be dealt with. It should be possible to install interallotment drainage and overland flow paths in this development. POWER AND TELECOMMUNICATIONS All are available at site, although it can be expected that both services will require upgrading to meet the additional load. (b) Department of Health & Environmental Services Conditions have been provided in support of the application. 5.0 CONCLUSION Given the appropriateness of the use and planning need for the development has not been addressed, this application is recommended for refusal for the following reasons: • there are more appropriate locations for the development to

the north of the site within the Mixed Housing Preferred Use Area,

• the development has not been proposed in a Mixed Preferred Use Area,

• the proposal is too dense and does not respect or reflect the development of the surrounding area,

• the development does not maintain the standard of residential amenity in keeping with community expectations through dwelling intensity and site area,

• the development promotes concerns relating to residents not being able to conveniently access premises in times of flooding.

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Gympie Regional Council

Recommendation: (Director of Planning & Development – M. Hartley) Recommend that Council, as Assessment Manager, REFUSE development application (2009-2130) for Material Change of Use – Multi-residential (8 Units) over Lot 2 MPH5058 located at 63 King Street, Gympie, for the following reasons:

1. The proposed development is an inconsistent use and therefore conflicts with the Planning Scheme at this location;

2. Sufficient grounds to justify approval of the application,

despite the conflict have not been established; 3. The development does not maintain the standard of

residential amenity in keeping with community expectations through dwelling intensity and site area;

4. The development promotes concerns relating to

residents not being able to conveniently access premises in times of flooding; and

5. The use proposed is out of character with the locality

and surrounding properties. P27/04/11 Moved: Cr L.J. Friske Seconded: Cr R.A Gáté Recommended the matter be referred to a future Planning and Development Committee to enable staff to have further discussions with the applicant Carried.

3.0 Revised Proposal As per the recommendation from the Planning and Development Committee, further discussions with the applicant were undertaken, again outlining Council’s position (as per the above report).

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Planning & Development Committee Meeting – 18 January 2012 - 38 -

Gympie Regional Council

In response, the applicant submitted Revised Proposal Plans. The Revised Proposal Plans and key points are provided as follows:

* There is a reduction in number of units from eight (8) to six (6) units; * Landscaping area is unchanged; * Site cover is unchanged; * GFA is reduced from 1,039m² to 771m² (as 2 less units are proposed); * Plot Ratio also reduces from 0.51 to 0.38; * The front units (unit 1 & 2) are unchanged; * The number of garages is reduced from eight (8) to six (6) * The King Street elevation remans largely unchanged. Building bulk is lessened by the removal of the upper units; * Building bulk from the north-east and north-west elevations has lessened and the development now presents as 1 storey to these elevations (reduced from 2 storeys). This is an improvement; * The south-eastern elevation has reduced in presentation from 3 storeys to 2 storeys. This is also an improvement; * The block of 4 units at the rear has reduced in height by a storey. * Building height has dropped 300mm (from 8.3 to 8m).

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Gympie Regional Council

Proposal Plans

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Planning & Development Committee Meeting – 18 January 2012 - 40 -

Gympie Regional Council

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Planning & Development Committee Meeting – 18 January 2012 - 41 -

Gympie Regional Council

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Planning & Development Committee Meeting – 18 January 2012 - 42 -

Gympie Regional Council

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Planning & Development Committee Meeting – 18 January 2012 - 43 -

Gympie Regional Council

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Planning & Development Committee Meeting – 18 January 2012 - 44 -

Gympie Regional Council

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Gympie Regional Council

4.0 Further Assessment The number of units has reduced from eight (8) to six (6). However, site cover remains the same. Building bulk has been lessened by the removal of the upper 2 units in the rear building block. The applicant has provided good overall justification for units on the site, including proximity to the Mixed Housing area and facilities, and the unavailability of Greenfield sites in the Mixed Housing Area. The applicant also provides a valid argument that the site could be potentially subdivided with two separate duplex dwellings established (effectively creating 4 units). The argument for units on the site is accepted in principle, but the size and building bulk of the proposed units is still not considered compatible with surrounding development, particularly in the context that the site is not within the Mixed Housing Preferred Use area. The applicant has applied development parameters established in the planning scheme (e.g. dwelling density, site cover) as if the site were unconstrained, and in the Mixed Housing Preferred Use Area. However, the site is not in the Mixed Housing Preferred Use Area, and approximately 50% of the site is constrained by flooding (below the Q100 flood line). Accordingly, the development is still considered and overdevelopment of the site. The applicant has been given the opportunity to reduce the size and impact of the development but has failed to provide a design that fully responds to the issues raised in the original report. 5.0 Internal Consultation Department of Engineering Report: (Design Services Technical Officer – A.C. Walsh) This engineering report is based on the information submitted by Martoo Consulting on 26 July 2011 in response to Council’s information request of 15 March 2011. This is now a proposal for six (6) units over the whole of Lot 2 on MPH5058.

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Planning & Development Committee Meeting – 18 January 2012 - 46 -

Gympie Regional Council

TRAFFIC The existing use is a detached dwelling. The proposed use is 6 x 3 bedroom units. PSP13-2011 returns an increase in daily vehicle trip ends of 38. The Urban Road infrastructure contribution becomes $14,024. FRONTAGE / ACCESS King Street is constructed full length to a 8.5 metre seal with kerb and channel and connects to Pine Street to the north and Iron Street through Commissioners Gully. A footpath exists on the opposite side of the road. The footpath contribution is part of the Urban Road infrastructure charges. STREET LIGHTING Street lighting on the frontage is inadequate for this density of development and a street light should be installed to this frontage. With Energex installing lights on existing poles at no cost to Council, it is recommended that contribution of $200 be sought to meet the 12 month power charges as per Policy 8 and Council administration costs. PARKING The parking to be designed and sealed to meet the requirements of Cooloola Shire Planning Scheme. WATER AND SEWERAGE The site is serviced with both water and sewerage. Two sewer mains traverse the property, one adjacent to the southern boundary and the other adjacent to the western boundary. The main adjacent to the southern boundary is clear of the development however a retaining wall adjacent to the main along the western boundary should be sited to meet the requirements of Council Policy PRWS002 – Building Over Sewers. The building and retaining walls are to be sited to meet the requirements of Council Policy PRWS002 – Building Over Sewers. Where the siting of the retaining walls does not meet the requirements of the policy, the applicant can lodge a Building Over Sewers Application to be assessed prior to the lodging of a Building Application. FLOODING Q100 covers approximately 50% of the site. The proposal allows for flood waters to enter the garage and storage areas of Units 1 and 2 and the garage, storage and laundry areas of Units 3 to 6 by approximately 1.5 to 2.1 metres. All liveable areas are proposed to be 0.3 metres above Q100 level.

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Gympie Regional Council

STORMWATER DRAINAGE The applicant has not demonstrated how external or internal stormwater runoff will be dealt with. It should be possible to install interallotment drainage and overland flow paths in this development.

POWER AND TELECOMMUNICATIONS All are available at site, although it can be expected that both services will require upgrading to meet the additional load. There are no insurmountable engineering problems in this proposal. 6.0 Conclusion The latest design is an improvement, but not enough of an improvement to alleviate the concerns raised in the original report, nor warrant staff support for Approval.

P04/01/12 Moved: Cr L.J. Friske Seconded: Cr R.A. Gâté

Recommend that Council note that this item has been withdrawn from the Agenda at the request of the applicant.

Carried.

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Planning & Development Committee Meeting – 18 January 2012 - 48 -

Gympie Regional Council

2/2 2011-1206 – Material Change of Use of Premises – Residential

Premises (Duplex Dwelling House) – 94 Kirsten Drive, Curra FILE: P05/01/12 2011-1206 APPLICANT: Hotondo Gympie Pty Ltd RPD: Lot 57 on RP224176 SITE ADDRESS: 94 Kirsten Drive, Curra PROPOSAL: Material Change of Use – Residential

Premises (Duplex Dwelling House) ZONE: Rural Residential LEVEL OF ASSESSMENT: Impact APPLICATION ADVERTISED: 22 November 2011 ADVERTISING CLOSED: 12 December 2011 SUBMISSIONS: One (1)

KEY POINT SUMMARY • Application for Material Change of Use to establish a second

dwelling with a total floor area of 84.55m2 comprising an enclosed floor area of 61.75m2 and a 22.8m2 Terrace.

• Proposed second dwelling to accommodate a ‘disabled adult who needs to have supervision of family members.’

• Proposed dwelling will be unobtrusive to the locality by way of having significant setbacks from both the road and side boundary (22m and 42.8m respectively), its unimposing size and using similar building materials to other dwellings in the vicinity.

• Application advertised for public comment and one (1) submission was received.

• Application recommended for approval subject to conditions.

Kirsten Drive

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Gympie Regional Council

Report: (Planning Assistant – S. A. Capell) 1.0 INTRODUCTION This application seeks Council’s approval for the construction of a second dwelling at Kirsten Drive, Curra. 1.1 The Proposal This proposal involves the construction of a second dwelling on a 2.001 hectare rural residential property at Kirsten Drive, Curra. The proposed dwelling has a total floor area of 84.55m2 comprising an enclosed floor area of 61.75m2 and a 22.8m2 Terrace. Information submitted with the application indicates that the second dwelling is ‘for a disabled adult who needs to have supervision of family members.’ 1.2 Site Description The site rises at a gradient of approximately 10% from the north to the south. A drainage gully is present, from the north-western section of the site, draining through the northern section of the site to the Kirsten Drive frontage. The majority of the site is mapped as containing remnant vegetation ‘Of Concern’ with a smaller section of ‘Not of Concern’ vegetation also present. The existing dwelling and outbuildings are situated in the south-eastern corner of the site. The proposed dwelling will be located 27 metres to the north of the existing dwelling in an area which is currently mown and clear of any significant vegetation.

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Gympie Regional Council

Site Plan

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Gympie Regional Council

Floor Plan

Elevations

1.3 Surrounding Land Uses Surrounding land uses in this locality are limited to those of a rural residential nature with the majority of lots currently 2 hectares in size.

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Gympie Regional Council

2.0 STATUTORY REQUIREMENTS 2.1 Compliance with the Planning Scheme 2.1.1 Scheme Definition As the proposal involves more than one self contained dwelling the proposal is defined as Residential Premises by the Planning Scheme. 2.1.2 Development Provisions The proposal is located within the Rural Residential Zone and is subject to impact assessment. The primary code that is relevant to the application is the Residential Premises Code. Specific Outcome (a) requires provision of ‘residential premises which: (i) contribute to pleasant streetscape through domestic form, and

character in keeping with the existing building style; and (ii) provides a range of accommodation which does not detract from

the residential amenity or nature of the area.’ The application proposed a small brick dwelling with custom orb roofing set well back from the road frontage (22 metres) and northern boundary (42.8 metres). The proposed dwelling includes a 2.4 metre wide ‘Terrace’ which will be aligned along the road frontage. There is no predominant dwelling type in the Curra area. Existing dwellings include shed conversions, railway carriages, hardiplank and masonry construction. The proposed dwelling will not detract from the residential amenity or nature of the area. Overlay Map 4 identifies the premises as Medium Bushfire Hazard. Specific Outcome (b) requires ‘residential premises are not constructed in areas where natural hazards threaten stability.’ The dwelling is located towards the eastern boundary (road frontage) of the development site, in an area which is predominantly mowed and cleared of understorey and sources of fuel (i.e. leaf litter, fallen branches etc). Water for fire fighting purposes is currently available on-site by way of the water storage for the existing dwelling and an on-site dam. A further 45 000 litres of water storage has been conditioned for the proposed dwelling and this will satisfy the requirements of the Natural Hazards Overlay Code with respect to protecting the safety of people and property and provision of accessible and adequate water supply for fire-fighting purposes.

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The development site is fronted by a bitumen sealed, rural residential road and the proposed dwelling will share the current access for the existing dwelling, therefore the proposal complies with Specific Outcome (c) ‘residential premises are readily accessible for pedestrians and vehicles.’ The development proposal does not include covered car parking, however sufficient area is available on the development site for construction of a carport/garage/shed for car parking and storage purposes if necessary. Internal storage is available to the future occupant/s, with the inclusion of robes in the two (2) bedrooms and a store cupboard off the living area. The requirements of Specific Outcome (d) ‘residential premises provide on site storage areas and parking’ are therefore considered to be satisfied. Specific Outcome (e) requires ‘residential premises provide areas for landscapes and recreation’. The development site is of sufficient proportions, and the proposed dwelling setbacks will allow for future landscaping. The development site is located within approximately 50 metres of mapped Local Significant Habitat (Overlay Map 1) and contains mapped remnant vegetation. Due to the application requiring Concurrence Agency assessment by the Department of Environment and Resource Management as a result of the mapped remnant vegetation, the requirements of the Natural Features and Resources Overlay Code with respect to Significant Habitat and Remnant Vegetation are considered to be satisfied by DERMs inclusion of conditions on the proposal. The proposal is also within 1 kilometre of a mapped Local Extractive Resource and the Natural Features and Resources Overlay Code must be considered with respect to Potential Extractive or Mining Resources. The development site is located in an established Rural Residential estate, is situated approximately 790 metres away from the Local Extract Resource (Curra quarry) and is physically separated from it by the Bruce Highway. Specific Outcome (4) (a) of the code requires ‘places, areas or sites identified as containing extractive or mining resources are protected for future development.’ The proposal will not adversely impact the use or future development of the Local Extractive Resource due to the physical separation of the site from the resource, both by distance as well as the Bruce Highway, and its location in an existing established Rural Residential estate. The requirements of the code are therefore considered to be satisfied.

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2.2 Local and/or State Planning Policies The Tiaro Shire Council Planning Scheme acknowledges State Planning Policy 1/03: Mitigating the Adverse Impacts of Flood, Bushfire and Landslide (for Bushfire and Landslide Only) and therefore no further assessment against the policy is required. 3.0 PLANNING CONSIDERATIONS 3.1 Appropriateness of the Proposal The proposal is for a small (84.55m2 including 22.8m2 Terrace) second dwelling to accommodate a ‘disabled adult who needs to have supervision of family members’. The proposed dwelling will be unobtrusive to the locality by way of having significant setbacks from both the road and side boundary (22m and 42.8m respectively), its unimposing size and using similar building materials to other dwellings in the vicinity. 3.2 Impact on Amenity No amenity concerns are raised by the proposal. The siting of the proposed second dwelling with large road and side boundary setbacks is in keeping with the rural residential amenity of the locality. 3.3 Site Access and Traffic The applicant proposed to utilise the existing vehicle crossover and the proposed second dwelling will not result in a significant increase in traffic movements in the locality. 3.4 Car Parking Whilst no additional covered car parking spaces have been included in the proposal, the subject site is of sufficient size and proportions to accommodate the addition of a carport/garage/shed if necessary. 3.5 Site Contamination The site is not listed on the Environmental Management Register.

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4.0 CONSULTATION 4.1 External (a) Department of Environment and Resource Management

(DERM) DERM is a Concurrence Agency for this application due to the property containing mapped remnant vegetation and have imposed conditions regarding the location of the proposed second dwelling and associated infrastructure with respect to the mapped remnant vegetation on site. 5.0 PUBLIC NOTIFICATION The application was advertised for public notification from 22 November 2011 to 12 December 2011. One (1) properly made submission was received. The submission objected to the proposal on the following grounds: 1. It is too close to a public waterway; and 2. It is on an Indigenous Cultural Heritage Site (Cemetary). With respect to Item 1, the development and surrounding sites are privately owned and the drainage gully present in the area is not mapped as a waterway on Council’s GIS system. The proposed second dwelling will be situated approximately 79m AHD. Other dwellings in the area are situated at approximately 78m AHD (i.e. Lot 60 on RP887145 – 77 Kirsten Drive and Lot 14 on RP224174 – 79 Kirsten Drive). Furthermore, a telephone discussion with an officer at the Department of Environment and Resource Management confirmed that the drainage gully is not a mapped watercourse under the Water Act. There are therefore no concerns regarding the location of the proposed dwelling. With respect to Item 2, Council officers conducted an Aboriginal and Torres Strait Islander Cultural Heritage Search available from the Department of Environment and Resource Management. Officers of the Department’s Cultural Heritage Coordination Unit advise that ‘no Aboriginal cultural heritage is recorded on the Cultural Heritage Database and Register’.

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Whilst the Database and Register do not contain any record of the above site, DERM advise ‘it is probable that the absence of recorded Aboriginal cultural heritage places reflects a lack of previous cultural heritage surveys of the area. Therefore, our records are not likely to reflect a true picture of the Aboriginal cultural heritage values of the area.’ The Aboriginal Cultural Heritage Act 2003 places an onus on any person carrying out an activity to take all reasonable and practical measures to ensure that the activity does not harm Aboriginal Cultural Heritage. Council imposes a standard note on development approvals advising applicant’s of their ‘cultural heritage duty of care’ which would address concerns raised in the submission when the development is undertaken. 6.0 CONCLUSION The use is not inconsistent with the planning scheme and provides an alternative accommodation type which complies with listed Specific and Overall Outcomes. Given the proposed second dwelling is for a family member of the landowners, is unobtrusive to the locality by way of having significant setbacks from both the road and side boundary (22m and 42.8m respectively), its unimposing size and using similar building materials to other dwellings in the vicinity, the application has been recommended for approval subject to reasonable and relevant conditions.

P05/01/12 Moved: Cr R.A. Gâté Seconded: Cr J. Watt Recommend that Council approve development application 2011-1206 for Material Change of Use – Residential Premises (Duplex Dwelling House) over Lot 57 on RP224176 located at 94 Kirsten Drive, Curra subject to the following conditions: Assessment Manager’s Conditions Conditions to be satisfied prior to the commencement of the use 1. The development shall be generally in accordance with the

plans submitted with the application (Plan Nos. JOB No. 11014 Drawing Nos 1103/1, 1103/2, 1103/4, 1103/5, 1103/6 drawn by Trinder Drafting & Design and dated 06.05.11).

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2. The development herein approved may not start until: (i) the following development permit has been issued and

complied with as required - (a) Development Permit for Building Work; and (b) Development Permit for Plumbing & Drainage Work.

(ii) development authorised by the above permit has been completed to the satisfaction of Council’s Chief Executive Officer.

3. Provision shall be made for a minimum water storage of 45

000 litres to supply the proposed dwelling and 20 000 litres to supply the proposed ‘Granny Flat’.

4. Access is to be from the driveway and crossover servicing

the existing dwelling house. 5. A minimum 45 000 litres of water is to be accessible at all

times for fire fighting purposes by way of an on site dam and/or tank with fire fighting fittings and/or swimming pool.

Notes i. In carrying out your activity you must take all reasonable and

practicable measures to ensure that it does not harm Aboriginal cultural heritage (the “cultural heritage duty of care”). You will comply with the cultural heritage duty of care if you are acting in accordance with the gazetted cultural heritage duty of care guidelines. An assessment of your proposed activity against the duty of care guidelines will help determine whether or to what extent Aboriginal cultural heritage may be harmed by your activity. Further information on cultural heritage, together with a copy of the duty of care guidelines and cultural heritage search forms, may be obtained from the Department of Environment and Resource Management ~ phone (07) 3238 3838 or website www.derm.qld.gov.au.

Concurrence Agency’s Conditions Conditions applicable to this approval imposed by the following Concurrence Agencies: 1. The Department of Environment and Resource Management

is a concurrence agency with regard to this development approval. The attached concurrence agency response from this department, dated 9 November 2011, forms part of this Decision Notice.

Carried.

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SECTION 3: RECONFIGURING A LOT APPLICATIONS 3/1 2011-0611 – Reconfiguring a Lot – Subdivision to Create One (1)

Additional Lot – Marys Creek Road, Marys Creek – Ahern James Naismith

FILE: P06/01/12 2011-0611 APPLICANT: Ahern James Naismith RPD: Lot 113 LX2132 SITE: 276 Marys Creek Road Marys

Creek PROPOSAL: Subdivision to Create One (1)

Additional Lot EXISTING ZONE: Rural LEVEL OF ASSESSMENT: Code Assessable SUBMISSIONS RECEIVED: Nil

KEY POINT SUMMARY • Subdivision to create one (1) additional lot in the rural zone; • The lot is currently separated by Cumbrae Road which is

constructed to a gravel standard; • Application lodged for assessment against the Cooloola Shire

Council Planning Scheme 2005. • Proposed lots do not comply with 100ha minimum lot size;

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• Supporting grounds include: - lots are separated by a road; - proposal complies with the outcomes of the Wide Bay Burnett State Planning Regulatory Provisions; - proposed lot size of 6.635 hectares is not inconsistent with other lot sizes in the area. • Application recommended for approval Report: (Planning Assistant – K. M. Fuller) 1.0 INTRODUCTION This application seeks approval to create one (1) additional rural lot at Marys Creek Road Marys Creek. The site comprises of one existing lot which is made up of two parcels joined by a vinculum and separated by Cumbrae Road which is currently constructed to a gravel standard. The existing house and outbuildings will be contained on proposed Lot 113.

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Proposal Plan

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2.0 ASSESSMENT The proposal is Code Assessable against the following codes: Rural Planning Area Code, Reconfiguring a Lot Code, Infrastructure Works Code, Landscaping Code, Natural Waterways and Wetland Areas and Resource Areas Code. The application generally complies with the outcomes of these codes and is reported for consideration of non-compliance with the Reconfiguring a Lot Code in terms of minimum lot size. The applicant has provided the following justification in relation to the non-compliance with lot size. • The existing lot is already below the minimum lot size; • This type of application is supported under the Wide Bay Regional

Plan. The Wide Bay Burnett State Planning Regulatory Provisions were implemented in September 2011 and deal with vinculum lots (ie. lots severed by a road) within the Regional Landscape and Rural Production area. The regulatory provisions effectively prohibit the subdivision of land below 100 hectares in the Regional Landscape and Rural Production Area except in certain circumstances, including where a subdivision “divides one lot into two where – (a) the existing lot is severed by a road that was gazetted before

these State planning regulatory provisions commenced; and (b) the resulting lot boundaries use the road as the boundary of

division.” By incorporating this exception to the 100 hectare minimum lot size, the regulatory provisions clearly recognise there are some practical difficulties with single parcels severed by roads. While this proposal conflicts with the planning scheme due to inconsistency with lot sizes, the circumstances associated with the proposal are considered to be sufficient to warrant approval despite its inconsistency with the planning scheme. Those circumstances include: • Proposed lot 115 is already physically separated from the other

portion of the lot by Cumbrae Road; • Lots are considered a suitable size to accommodate a building

area, associated infrastructure and effluent disposal; • The practical difficulties associated with severing of a rural lot by a

road are recognised by the Wide Bay Burnett State Planning Regulatory Provisions 2011.

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• The proposed lot size of 6.635 hectares is not inconsistent with other lot sizes in the area.

3.0 CONSULTATION 3.1 Internal (a) Design Services Division Report: (Design Services Technical Officer – A.C. Walsh) This engineering report is based on the information submitted by Ahern James Naismith (Gympie) to subdivide Lot 113 LX 2132 Mary’s Creek Road, Mary’s Creek to create one additional lot. FRONTAGE ROAD & ACCESS Mary’s Creek Road leading to and fronting the proposed lots is constructed to a 4 metre wide bitumen sealed standard. Cumbrae Road is constructed to a single lane gravel standard. ROAD CONTRIBUTION Although the original lot is zoned Rural, Council has charged a road contribution equivalent to the amount levied under Policy 12: Sealed Road Contributions for Designated Rural Residential Area for similar applications ie $11,757.00. FLOODING The proposed subdivision is not in a flood prone area. OTHER SERVICES Power and communication services to be provided of the applicants expense. 4.0 CONCLUSION Because the proposal conflicts with the planning scheme, any decision by Council to approve the application should be based on sufficient planning grounds despite the conflict. The following grounds are considered to be a reasonable basis upon which Council may favourably decide the application: • Proposed lot 115 is already physically separated from the

remaining portion by an un-constructed road; • The productivity of the lots would not be affected by the formal

excision;

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• The practical difficulties associated with severing of a rural lot by a road are recognised through the Wide Bay Burnett State Planning Regulatory Provisions.

• The proposed lot size of 6.635 hectares is not inconsistent with other lot sizes in the area.

The proposal is recommended for approval subject to standard conditions.

P06/01/12 Moved: Cr A.J. Perrett Seconded: Cr G.L. Engeman

Recommend that Council, as Assessment Manager, APPROVE development application 2011-0611 for Reconfiguring a Lot – Subdivision to Create One (1) Additional Lot over Lot 113 LX2132 located at 267 Marys Creek Road Marys Creek subject to the following conditions: Assessment Manager Conditions Conditions To Be Satisfied Prior to Council Signing and Sealing the Plan of Survey 1. (i) The development shall be generally in accordance with

the plan submitted with the application (Plan No 2639 Prop C drawn by Ahern James Naismith and dated 1st December 2011).

(ii) The layout of the development as shown on the endorsed development plan shall not be altered or modified unless previously approved by Council’s Chief Executive Officer.

2. All outstanding rates or charges levied by Council or

expenses that are a charge over the subject land under any act are to be paid.

3. All lots are to be permanently numbered with reflective

numbers on posts to the satisfaction of Council’s Chief Executive Officer.

4. A contribution is to be paid towards the improvement of

existing public park or recreation spaces in the general area. The amount is currently assessed at $1 960 based on $1 960 per new lot created, but will be subject to indexation annually on 1 July.

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5. 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 $11 757 but will be subject to indexation annually on 1 July.

6. The whole of the subject land including all approved lots is to

be treated for declared plants to the satisfaction of Council’s Chief Executive Officer. On completion of the treatment the enclosed Notification of Compliance Form is to be completed and lodged with Council.

7. Identification markers are to be placed within 1 metre of

survey pegs at corner posts of the property. Markers are to be painted white and be at least 100 millimetres in diameter, 1.2 m high above ground and set at least 450 millimetres into the ground. On completion of placement the enclosed Notification of Compliance Form is to be completed and lodged with Council.

8. Lot boundaries are to be approved by Council’s Chief

Executive Officer prior to cadastral survey. 9. An agreement is to be entered into with Energex to provide

electricity to all approved lots without any financial encumbrance on future owners of these lots.

10. The applicant shall make suitable arrangements for the

provision of an underground telephone service to the proposed allotments. Documentary evidence shall be submitted that an agreement has been reached with an authorised supplier for telephone services, prior to the Plan of Survey being sealed by Council.

11. Access to the proposed lot 115 is to be constructed in

accordance with the requirements of Council’s Standard Drawing No R-15.

12. Access to lot 115 shall have a minimum visibility of 65 metres

in each direction to the satisfaction of Council’s Chief Executive Officer.

13. 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.

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Notes

(i) In carrying out your activity you must take all reasonable and

practicable measures to ensure that it does not harm Aboriginal cultural heritage (the “cultural heritage duty of care”). You will comply with the cultural heritage duty of care if you are acting in accordance with the gazetted cultural heritage duty of care guidelines. An assessment of your proposed activity against the duty of care guidelines will help determine whether or to what extent Aboriginal cultural heritage may be harmed by your activity. Further information on cultural heritage, together with a copy of the duty of care guidelines and cultural heritage search forms, may be obtained from the Department of Natural Resources and Water ~ phone (07) 3238 3838 or website www.derm.qld.gov.au.

(ii) 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.

Carried.

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3/2 2011-1093 – Representations for Development Application for

Reconfiguration of a Lot – Boundary Realignment – Lot 36 MZ1089, Lot 22 & 35 MZ230 and Lot 32 MZ901 – Daddamarine Road, Booubyjan

Re: P07/01/12 Representations for Reconfiguring a Lot –

Boundary Realignment From: Daddamarine Pty Ltd c/- Landpartners Limited File: 2011-1093

South Burnett Council

Fraser Coast Council

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Report: (Planning Officer – L. M. Farrelly) 1.0 Introduction Development approval for reconfiguring a lot for a boundary realignment was approved under delegated authority on 21 October 2011. The applicant suspended their appeal period and lodged representations on 23 December 2011.

Lot 36 Lot 35

Lot 32 Lot 33

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2.0 Applicant’s Representations The representations request Council include a condition on the approval, requiring the recommendations of a bushfire management plan submitted with the proposal to be implemented.

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The representations have been accompanied by the following letters:

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Letter from the applicant:

3.0 Planning Assessment The approval effectively makes some minor boundary changes to four (4) existing large rural holdings. A bushfire management plan would not ordinarily be sought nor conditioned through such an application. In this instance, the application was accompanied by a brief bushfire management plan which provides a bushfire analysis of the subject parcels and includes a section titled ‘mitigating actions’, as follows:

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It is noted the plan does not require any actions, but rather states that the realignment of the boundaries will ‘facilitate’ several actions. Therefore, at the outset, a condition endorsing the bushfire management plan seems fruitless.

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Whilst it can be understood why the applicant seeks to impose bushfire mitigation practices on subsequent owners of the adjoining land, which may be onsold to third parties, Council’s approval for a boundary realignment is not considered the appropriate mechanism to do this. Additionally, the resulting implications potentially involve Council’s limited compliance staff, who may be called in to a dispute should the clearing of firebreaks, for example, not be undertaken. The Plan also suggests actions may occur on adjoining land to the east and west. It would be unlawful to impose any requirement on these properties given they do not form part of the application.

4.0 Conclusion For reasons outlined in the report, the request to endorse and condition the submitted Bushfire Management is not supported.

P07/01/12 Moved: Cr A.J. Perrett Seconded: Cr R.J. Dyne

Recommend that in relation to Development Application 2011- 1093 – Development Application for Reconfiguration of a Lot – Boundary Realignment over Lot 36 MZ1089, Lot 22 & 35 MZ230 and Lot 32 MZ901 located at Daddamarine Road, Booubyjan, Council not issue a Negotiated Decision Notice.

Carried.

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In accordance with Section 173 of the Local Government Act 2009; Cr G.L. Engeman declared a Conflict of Interest in Recommendation P08/01/12 for application 2011/1797 due to being a member of the Management Committee. There could be no financial benefit to the Committee from Council’s decision on this matter. Cr G.L. Engeman and left the meeting at 9.16 a.m. while the matter was discussed and voted on.

SECTION 4: PLANNING APPLICATIONS PENDING 4/1 Planning Applications Pending

NOTE: New Applications are in BOLD AND ITALICS Abbreviations: AN Acknowledgment Notice AL Acknowledgement Letter RFI Request for Further Information DMS Decision Making Stage DN Decision Notice ADN Amended Decision Notice NDN Negotiated Decision Notice ALOD Adjoining Land Owners Details PN Public Notification PNS Public Notification Stage SP Survey Plan

File Number &

Applicant Location Nature of Application Status

MATERIAL CHANGE OF USE – IMPACT ASSESSMENT DA17897 Morris (MKM)

7-9 Power Road, Southside

Education or Health Premises (School Age Facility)

RFI sent 03/03/08. Awaiting applicant’s response. Proposal plan received 13/10/08. (In conjunction with DA13664)

DA253 Allen & Dray (MKM)

Dray Road, Widgee

Extractive Industry (Rock Quarry) & ERA # 20

DMS. Application on hold pending applicant’s advice.

2009-1859 Christensen (MKM)

14 Glastonbury Road, Southside

2 x Two (2) Storey Town Houses & 2 x Two (2) Unit Apartments

DMS. Report to P&D Committee Meeting. (1) Submission. Letter sent 21/11/11 requesting applicant’s intentions.

2010-0891 Roberts Bros Pty Ltd (TMS)

600 Bruce Highway, Chatsworth

Preliminary Approval to Effect the Local Planning Scheme

Application on hold till 30/12/11. DTMR rfi issued 15/07/10 & DLGP extended time to respond to RFI until 30/12/11.

2010-1030 White (LF)

28 Smyth Street, Gympie

Multi-Residential Four (4) Units

RFI response due 09/02/12. Waiting applicant’s response. DTMR response received 16/09/11.

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File Number & Applicant Location Nature of Application Status

2010-1348 Newman (TMS)

149 Tagigan Road, Goomboorian

Food or Entertainment Venue (Restaurant)

Amended Proposal received 23/11/11 for Restaurant. ALOD issued 05/1/12. Submissions due by 31/01/12. (11) Submissions. One (1) Petition received during first public notification period.

2010-1870 Canty (TMS)

Bella Creek Road, Bella Creek

Accommodation Premises (Camping & Cabins) Food or Entertainment Venue (Multi Sports Park & Kiosk) and ERA #63 Sewage Treatment (2) (a) 21ep to 100ep Premises)

DMS. Report to P&D Committee Meeting. Submissions and Petitions have been received.

2010-2019 G & G Securities (TMS)

Cootharaba Road, Gympie

Seeking a Preliminary Approval Varying the Effect of the Local Planning Instrument

DMS on hold till 30/06/12 at applicant’s request.

2011-0673 Boyce (KMF)

185 Spencer Road, Kilkivan

Animal Keeping (Dog Boarding Kennels)

DMS. DN due. Report to P&D Committee Meeting.

2011-0745 Delgos (LF)

8 Crown Road, Gympie

COMBINED - Multi-Residential (4 Units) & Building Work Assessable against the Planning Scheme (Removal of Character Building)

DN issued 03/11/11. Five (5) Submissions. Appeal period due to expire 02/12/11.

2011-0878 Curra Country Sandstone Supplies (LF)

Gardners Lane, Curra

Extractive Industry (Sandstone Quarry) & ERA #20 (Extracting rock, sand, clay, gravel, loan or other material <5000t per annum)

PNS. ALOD issued 02/12/11. Notice of Commencement received 15/12/11.

2011-1206 Hotondo Gympie P/L (SAC)

94 Kirsten Drive, Curra

Residential Premises (Duplex Dwelling house)

DMS. Report to P&D Committee Meeting. Refer to Item 2/2 in Today’s Agenda.

2011-1316 Optus Mobile (PKM)

Hall Street, Kilkivan

Major Utility (Telecommunications Facility)

DMS. DN due.

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File Number & Applicant Location Nature of Application Status

2011-1679 River Junction Qld Pty Ltd (KMF)

64 Traveston Crossing Rd, Kybong

General Industry – Servicing and Repairs of Heavy Vehicles (rural farming/mining plant and equipment) & ERA#21 Motor Vehicle Workshop

AN issued 19/12/11. Concurrence Agency DTMR response received 21/12/11. DERM Advice Agency response received 03/ 01/12. RFI Due.

2011-1590 Sutherland (KMF)

Kinbombi Road, Kinbombi

Dwelling House AN issued 20/12/11. RFI due.

2011-1798 Kilkivan Bush Camping P/L (MKM)

504 Rossmore Road, Kilkivan

Caravan Park (Extension to Caravan Park - Bush Camping Area)

AN issued 06/01/12. RFI due.

MATERIAL CHANGE OF USE – CODE ASSESSMENT DA17123 Wilson (MKM)

26 Burns Road, Ross Creek

Accommodation Premises (Farm Cabins)

DMS. Letter sent 19/10/09 advising decision withheld pending receipt of amended plans. Letter sent 07/10/11 requesting intentions to finalise.

2009-0893 The Clayton Family Superannuation Fund (TMS)

Chapple Street, Gympie

Display Yard (Construction Equipment for Sale, Hire and Lease)

DMS. Letter sent 2/7/10 advising decision withheld pending receipt of amended plans. Additional information received 08/11/10 but still unsatisfactory.

2009-1648 Reyloh (KMT)

17,19,21, & 23 Oak Street and 22 Chatsworth Road, Gympie

Accommodation Premises (84 Motel Units and Caretaker’s Residence) and Food or Entertainment Venue (Restaurant and Function Room)

Applicant negotiating with DTMR.

2009-2130 CJ Black Medical Pty Ltd aft CJ Black Investment Trust (LF)

63 King Street, Gympie

COMBINED – MCU - Multi-Residential Six (6) Units & RAL - Subdivision to Create One (1) Additional Lot

DMS. Report to P&D Committee Meeting. Refer to Item 2/1 in Today’s Agenda.

2010-1649 AJ & DA Corbet ATF AJ & DA Corbet Family Trust (MKM)

20 Barter Street, Gympie

Commercial Premises (Professional Offices)

DMS. DN due. DMS extended until 12/12/11 at applicant’s request.

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File Number & Applicant Location Nature of Application Status

2010-1765 Gympie Regional Council (TMS)

Bonnick Road, Gympie

Public Utility – (Expansion of Waste Management Facility)

RFI response received 13/05/11. Concurrence Agency DERM assessment period extended until 16/12/11.

2011-0124 Peskops (TMS)

355 Sterling Road, Kandanga Creek

Intensive Animal Husbandry - Piggery (Free Range Pig Farm) and ERA#3 (1) Pig Keeping - up to a maximum 133 standard pig units

Amended proposal received 6/10/11. Concurrence and Advice Agency DERM response received 28/11/11. Concurrence Agency DEEDI. DEEDI rfi issued 02/11/11. RFI issued 07/11/11. Awaiting applicant’s response.

2011-0741 Gympie Regional Council (SAC)

Mt Olive Road, Cinnabar

Extractive Industry (Gravel Extraction & Production) & Environmentally Relevant Activity [ERA # 16 Extractive & Screening Activities - 2(b) extracting, other than by dredging 5 000t to 100 000t per annum and 3(a) screening 5 000t to 100 000t per annum]

Amended AN & RFI issued 19/07/11. Pending applicant’s response due 19/07/12. Concurrence Agency DERM RFI issued 17/08/11.

2011-1114 Cyber Drafting & Design (KMF)

124 Yabba Creek Road, Imbil

Commercial Premises (66 Open Market Stalls)

DMS. Report to P&D Committee Meeting. DMS on hold pending applicant’s negotiations with DTMR.

2011-0923 Rainbow Beach Surf Life Saving Club Inc. (LF)

Wide Bay Esplanade, Rainbow Beach

Community Services and Food or Entertainment Venue (Extension to Existing Club)

RFI issued 20/10/11. Awaiting applicant’s response. DERM response received 19/10/11. DTMR response received 2/11/11.

2011-1326 Forestry Plantations QLD (LF)

Laminex Road via Tin Can Bay Road, Gympie

General Industry & ERA#47 Timber Milling and Woodchipping

AN issued 05/10/11. Concurrence Agencies DERM & DTMR. Applicant issued missed referral notice from DERM 20/10/11. DERM extended RFI period until 23/12/11.

2011-1164 Stirling Homes (KMF)

Nicholls Road, Monkland

Multi-Residential (Duplex on proposed Lot 3)

DMS on hold pending applicant’s negotiations with DTMR.

2011-1362 Oakvale Homes Building Group Pty Ltd (MKM)

8921 Burnett Highway, Booubyjan

Accommodation Building (Workers Accommodation)

DMS. DN due.

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Gympie Regional Council

File Number & Applicant Location Nature of Application Status

2011-1574 Laumar Services Pty Ltd (LF)

18 Snapper Creek Road, Tin Can Bay

General Industry (Tow Holding Yard)

DMS. DN Due.

2011-1630 Stirling Homes Queensland (MKM)

1 Fairway Drive, Gympie

Multi-Residential (Duplex)

RFI issued 12/12/11. Awaiting applicant’s response.

2011-1773 Lloyd (KMF)

71 Little Road, Glastonbury

Intensive Animal Husbandry (399 SPU Piggery) and ERA#3 (a) Keeping 21 to 400 Standard Pig Units

AN issued 14/12/11. DERM Advice Agency response received 22/12/11. DEEDI response received 22/12/11. RFI due.

2011-1758 Harvey (PKM)

158 Hansen Road, Dagun

Multi-Residential (Second Dwelling for Farm worker)

DMS. DN due.

2011-1575 Russell (KMF)

237 Mary valley Road, Jones Hill

Material Change of Use – Shop

AN issued 09/01/12. DTMR Concurrence Agency. RFI due.

2011-1797 Weeroona Association Inc (LF)

9 Berrie Street, Gympie

Community Service (Disability Service Offices & Carpark)

RFI due.

2011-1827 Chenhall (LF)

2/41 Yabba Road, Imbil

Multi-Residential (Second Dwelling)

AN issued 09/01/12. DTMR & SEQ Water Concurrence Agencies. RFI due.

2011-1837 Garum Pty Ltd (KMF)

14 O’Connell Street & 19 Nash Street, Gympie

Commercial Premises (Office Buildings)

RFI issued 10/01/12. Awaiting applicant’s response.

RECONFIGURING A LOT – IMPACT ASSESSMENT 2008-1098 Allen-Co Holdings Pty Ltd (SAC)

2110 Gympie Woolooga Road, Widgee

Subdivision to Create 67 Lots in Two (2) Stages

RFI response due by 31/01/12. Awaiting applicant’s response. Concurrence Agencies DTMR rfi issued 20/08/10. DERM (VMA) rfi issued 06/09/10 & DERM (EPA-clu) rfi issued 06/09/10. Extension of DERM rfi response period until 31/01/12.

RECONFIGURING A LOT – CODE ASSESSMENT DA03663 Andreassen (TMS)

Ballard Road, Imbil

Development Permit – Stage 6 (3 Lots) and Stage 7 (18 and Balance)

DMS. Report to P&D Committee Meeting.

DA14342 Christensen (MKM)

16-18 Glastonbury Road, Southside

Subdivision to Create One (1) Additional Lot

DMS. Report to P&D Committee Meeting. Letter sent to DTMR 14/04/10. Awaiting response.

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Gympie Regional Council

File Number & Applicant Location Nature of Application Status

2008-1187 Gympie Regional Council (MKM)

Scullett Drive, Tin Can Bay

Subdivision to Create 14 Additional Industrial Lots

Response to RFI received 24/06/09. Referral Agency DMR rfi issued 23/03/09. Advice Agency Energex response received 20/03/09.

2010-0428 Bay Survey Consultants (KMF)

Langton Road, Monkland

Subdivision to Create Eleven Additional Lots

DMS. Report to P&D Committee Meeting. DMS extended until 31/01/12.

2010-2058 Dickinson (TMS)

308 Carlo Road, Rainbow Beach

Subdivision to Create (45) Additional Lots

DMS. Report to P & D Committee Meeting.

2011-0259 Smillie (LF)

38 Trout Road, The Dawn

Subdivision to Create Two (2) Additional Lots and Access Easement

AN issued 24/03/11. RFI issued 28/04/11. Applicant’s response time extended until 27/04/12. Concurrence Agency DTMR. DTMR rfi issued 12/04/11.

2011-0379 Partington (SAC)

81 Donald Drive, Curra

Subdivision to Create Two (2) Additional Lots

RFI response due 17/02/12.

2011-0590 Jones, Condon & Mallon (LF)

62 Noosa Road, Monkland

Subdivision to Create 21 Additional Lots

DMS. DN due.

2011-0611 Ahern James Naismith (Gympie) (KMF)

287 Marys Creek Road, Marys Creek

Subdivision to Create One (1) Additional Lot

DMS. Report to P&D Committee Meeting. Refer to Item 3/1 in Today’s Agenda.

2011-0670 Downunder Properties Pty Ltd (LF)

Tin Can Bay Road, Tin Can Bay

Subdivision to Create (10) Additional Lots

Amended AN issued 29/07/11. RFI issued 19/07/11. Awaiting applicant’s response. Concurrence Agencies DERM & DTMR. Advice Agencies DERM & Energex response received 22/07/11. DTMR rfi issued 15/08/11.

2011-0876 Aspinall (SAC)

Jimbour Road, The Palms

Subdivision to Create Four (4) Additional Lots

DMS. DN due. DMS extended until 31/01/12.

2011-1230 Kalinski (MKM)

Samara Crescent, Veteran

Subdivision to Create Three (3) Additional Lots

RFI issued 23/09/11. Awaiting applicant’s response. DTMR response received 19/12/11. DERM response received 14/12/11.

2011-1313 Martoo Consulting Pty Ltd (PKM)

29 Heather Street, Southside

Subdivision to Create Three (3) Additional Lots and Access Easement

RFI issued 06/10/11. Awaiting applicant’s response.

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Gympie Regional Council

File Number & Applicant Location Nature of Application Status

2011-1664 Muckle (MKM)

27 Grecian Bends Road, Gympie

Subdivision to Create One (1) Additional Lot

RFI issued 01/12/11. Awaiting applicant’s response.

2011-1663 Pearman & O’Leary (SAC)

Glastonbury Road, The Palms

Subdivision to Create Nine (9) Additional Lots in Five (5) Stages

RFI issued 05/01/2012. Awaiting applicant’s response. DTMR response received 22/12/11. Concurrence Agency DERM.

2011-1693 McDonald (LF)

24 Louisa Street, Gympie

Subdivision to Create 6 Additional Lots

RFI due.

2011-1695 S & K McDonald C/- Martoo Consulting P/L (LF)

24 Louisa St, Gympie

Subdivision of One (1) Lot to Create Seven (7) Standard Format Lots

RFI issued 13/21/11. Awaiting applicant’s response.

2011-1786 Steele (KMF)

305 Cullinane Road, Mothar Mountain

Access Easement DMS. DN due.

2011-1791 Daniels (MKM)

Osborne Court, Wallu

Subdivision to Create Two (2) Additional Lots

DMS. DN due.

2012-0008 Albrecht (SAC)

295 Randwick Road, East Deep Creek

Boundary Realignment

RFI due.

OPERATIONAL WORK (Including Combined Building/Plumbing and Operational Work) DA13337 Wagner (TMS)

391 Bruce Highway North, Two Mile

Earthworks Part response to RFI received 07/08/09.

DA13568 Crampton (TMS)

10 Mitchell Street, Tin Can Bay

Site Works, Driveway Access, Carparking & Landscaping

DMS. DN due.

DA15865 Zerner (MKM)

8 Wadell Road, Two Mile

Driveways, Stormwater Drainage, Retaining Wall, Carparking & Earthworks)

DMS. DN due.

2008-1400 Millers (TMS)

2 Tucker Street & 20 Chapple Street, Gympie

Roadworks, Stormwater, Landscaping & Earthworks

Letter sent requesting intentions. Response due 30/06/11. Letter received 9/12/11 requesting extension.

2008-1682 Lohage (LF)

Ian Drive, Curra Dam RFI sent 10/12/08. Awaiting applicant’s response.

2009-1438 Opus Qantec McWilliam (TMS)

Old Imbil Road, Monkland

Roadworks, Stormwater Drainage, Water and Sewerage Infrastructure

DMS. DN due.

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Gympie Regional Council

File Number & Applicant Location Nature of Application Status

2011-0731 Ken Hudson & Associates (MKM)

136 Green Trees Road, Pie Creek

Roadworks, Stormwater Drainage & Access Construction

DMS. DN due.

2011-0766 Delgos (LF)

Old Goomboorian Road, Veteran

Roadworks, Earthworks, Stormwater Drainage & Signage

RFI issued 22/06/11. Awaiting applicant’s response.

2011-1013 Ken Hudson & Associates Consulting Engineers

440 Jimbour Road, The Palms

Drainage Works, Stormwater, Earthworks and Clearing Vegetation

RFI issued 04/10/11. Awaiting applicant’s response.

2011-1356 DMC Enterprises Pty Ltd (TMS)

Groundwater Road, Jones Hill

Landscaping (Street Trees for Approved Residential Subdivision)

RFI issued 14/10/11. Pending applicant’s response.

2011-1497 Mainz Developments Pty Ltd (MKM)

4-5 Shayduk Close, Gympie

Siteworks, Access Driveway, Car Parking Bays, Stormwater Drainage & Footpath

RFI issued. Awaiting applicant’s response.

2011-1272 Building Surveying Professionals QLD P/L (TMS)

11-14 Shayduk Close, Gympie

Roadworks, Drainage Works, Landscaping, Stormwater, Earthworks & Carparking

DMS. DN due.

2011-1650 I & L Superannuation Fund (LF)

3 Piccadilly Drive, Southside

Earthworks RFI issued 12/12/11. Awaiting applicant’s response.

2011-1660 Opus International Consultants Australia P/L (LF)

590 Noosa Road, Mothar Mountain

Roadworks, Stormwater, Drainage Works and Earthworks

RFI issued 13/12/11. Awaiting applicant’s response.

2011-1729 Cooloola Christian College (TMS)

1 College Road, Southside

Roadworks, Stormwater, Drainage Works, Earthworks and Signage for Carpark

RFI due.

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Gympie Regional Council

File Number & Applicant Location Nature of Application Status

2011-1755 Opus International Consultants (Australia) P/L (TMS)

61 Eljays Road, The Palms

Roadworks, Stormwater, Drainage Works, Earthworks, Signage

RFI issued 05/01/12. Awaiting applicant’s response. .

2011-1667 Melco Lanhams (SAC)

3 Langton Road, Monkland

Stormwater DMS. DN due.

OPERATIONAL WORK – ADVERTISING DEVICES 2011-1684 Master Builders Association (PKM)

95 Exhibition Road, Southside

Operational Work – Advertising Device (One Freestanding Non-Moving Sign)

RFI due.

2011-1680 Master Builders Association (PKM)

77 Sorensen Road, Southside

Operational Work – Advertising Device (One Freestanding Non-Moving Sign)

RFI due.

2011-1683 Master Builders Association (PKM)

2 Lasiandra Drive, Southside

Operational Work – Advertising Device (One Freestanding Non-Moving Sign)

RFI due.

2011-1681 Master Builders Association (PKM)

119 Groundwater Road, Southside

Operational Work – Advertising Device (One Freestanding Non-Moving Sign)

RFI due.

SIGNS TO BE ASSESSED UNDER LOCAL LAW

BUILDING WORK ASSESSABLE AGAINST THE PLANNING SCHEME 2008-1904 Lawless (TMS)

Booubyjan Road, Booubyjan

Additions to Building on a Cultural Heritage Site

DMS. DN due. Assessed (State Act) refer 2009-0353 (building application).

COMPLIANCE ASSESSMENT

CONCURRENCE AGENCY REFERRALS 2011-1649 Child (PKM)

37 Parkland Drive, Chatsworth

Demountable Extension to Dwelling

DMS. DN due.

P08/01/12 Moved: Cr A.J. Perrett Seconded: Cr R.A. Gâté

Recommend that the information be noted.

Carried.

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Gympie Regional Council

Cr G.L. Engeman returned to the meeting at 9.35 am.

4/2 Development Approvals Issued in Accordance with Delegation

Schedule File Number and Applicant

Location Date of Approval

Development Nature of Approval

2011-1591 Fyfe (PKM)

42 Cliff Jones Road, Curra

30/11/11 Material Change of Use - New Dwelling in a Bushfire Hazard Area

Development Permit

2011-1521 DB Sheds (SAC)

44 Tegan Road, Curra

02/12/11 Material Change of Use - Class 10A Domestic Outbuilding

Development Permit

2011-1658 Oakvale Homes (PKM)

6 Green Drive, Gunalda

02/12/11 Material Change of Use - Siting & Overlay assessment for Shed

Development Permit

2011-0657 Singtel Optus Pty Ltd C/- Daly International (SAC)

Western Creek Road, Imbil

02/12/11 Material Change of Use - Public Utility (Telecommunications Facility)

Development Permit

2011-1540 Faeden (MKM)

2 Old Wolvi Road, Victory Heights

06/12/11 Operational Works - Stormwater, Water Infrastructure, Drainage Works, Earthworks and Sewerage Infrastructure

Development Permit

2011-0995 Sims (MKM)

62 Osborne Court, Wallu

08/12/11 Reconfiguring a Lot - Subdivision to Create (2) Additional Lots and Access Easement

Development Permit

2011-1748 Stehbens (PKM)

43 Yabba Rd, Imbil

08/12/11 Material Change of Use - Dwelling House (within a Natural Waterways/ Wetlands Area)

Development Permit

2011-1316 Optus Mobile (PKM)

Hall Street, Kilkivan

07/12/11 Material Change of Use – Major Utility (Telecommunications Facility)

Development Permit

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Gympie Regional Council

File Number and Applicant

Location Date of Approval

Development Nature of Approval

2011-1672 Opus International Consultants (KMF)

31 Rifle Range Road, Gympie

07/12/11 Operational Work – Earthworks, Roadworks, Stormwater, Drainage Works and Water & Sewerage Infrastructure for Residential Subdivision

Development Permit

2011-1634 Smeeton (KMK)

476 & 515 Little Widgee Road, Widgee

07/12/11 Reconfiguring a Lot – Subdivision to Create Two (2) New Lots from Two (2) Existing Titles

Development Permit

2011-1624 Chapman (MKM)

688 East Deep Creek Road, Cedar Pocket

09/12/11 Reconfiguring a Lot - Subdivision to Create One (1) Additional Lot

Development Permit

2011-1093 Daddamarine Pty Ltd (LF)

Daddamarine Road, Booubyjan

09/12/11 Reconfiguring a Lot - Boundary Realignment

Development Permit

2011-1216 Gympie Regional Council (LF)

129 Noosa Road, Monkland

14/12/11 Reconfiguring a Lot – Subdivision to Create One (1) Additional Lot

Development Permit

2011-0439 Reece Australia Ltd (SFC)

2 Clematis Street, Gympie

12/12/11 Material Change of Use – Warehouse and Showroom and Operational Works – Advertising Device (One (1) Freestanding Non-Moving Sign)

Development Permit

2011-1742 Cooloola Building Approvals (PKM)

118 Rodney Rd, Curra

14/12/11 Building Work Assessable Against the Planning Scheme - Domestic Outbuilding within Medium Bushfire Hazard & Significant Habitat Area

Development Permit

2011-1607 Melco Lanhams (MKM)

3 Langton Road, Monkland

15/12/11 Operational Work - Landscaping

Development Permit

2011-1754 Richards (PKM)

25 Wattle Avenue, Bell’s Bridge

15/12/11 Material Change of Use - Annexed Unit (Granny Flat)

Development Permit

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Gympie Regional Council

File Number and Applicant

Location Date of Approval

Development Nature of Approval

2011-1478 Aurecon Australia Pty Ltd (PKM)

254 Kandanga Amamoor Road, Kandanga

15/12/11 Material Change of Use - Public Utility (Telecommunications Facility)

Development Permit

2011-1674 Melco Lanhams (SAC)

3 Langton Road, Monkland

16/12/11 Operational Work - Roadworks

Development Permit

2011-1570 Reece Australia (LF)

2 Clematis Street, Gympie

20/12/11 Operational Work - Siteworks, Filling of Lot, Footpath, Landscaping, Carparking and Driveway and Stormwater Drainage

Development Permit

2011-0193 Pakrat Pty Ltd (LF)

31 Scrub Road, Gunalda

21/12/11 Material Change of Use - Commercial Facility (Showroom - Hardware Store)

Negotiated Decision Notice approving amending plan reducing GFA and associated reduction in carparking

2011-1756 Albert Smith Signs (PKM)

39 Mellor St, Gympie

06/01/12 Operational Works - Advertising Device (One (1) Freestanding Non-Moving Sign)

Development Permit

2011-0152 Dunn (MKM)

25 Samantha Drive, Pie Creek

06/01/12 Reconfiguring a Lot - Subdivision to Create One (1) Additional Lot

Development Permit

P09/01/12 Moved: Cr J.A. Walker Seconded: Cr L.J. Friske

Recommend that the information be noted.

Carried.

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Gympie Regional Council

SECTION 5: GENERAL MATTERS 5/1 Building Summary and Report for the Months of November & December

2011

Re: Building Summary and Report for the Months of November & December 2011

From: Director of Planning and Development – M. Hartley File: 6-2-09-0001 Date: January 2012 Report: (Director of Planning and Development - M. Hartley) The Building Summary and Report for the Months of November & December 2011 is included as Attachments 3 and 4.

P10/01/12 Moved: Cr J. Watt Seconded: Cr R.J. Dyne Recommend that the Building Summary and Report for the months of November & December 2011 as presented, be received.

Carried. 5/2 Proposed Naming of Historical Site – Byrnes Reserve

Re: P11/01/12 Proposed Naming of Historical Site – Byrnes

Reserve From: Department of Environment & Resource Management File: 4-4-03-0008 (Doc ID 1541160) Date: 28 November 2011 “The Department of Environment and Resource Management has developed a proposal to officially name an historical site as Byrnes Reserve in accordance with the Place Names Act 1994. In August 2011, the Kilkivan and District Historical Society lodged a submission with the department to formally name the site located adjacent to the Wide Bay Highway, about 12 kilometres east of Kilkivan.

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Gympie Regional Council

The site of the proposed feature was originally part of a Reserve for Water and Camping, Parish of Brooyar, County of Lennox being 500 acres and was gazetted on 12 May 1877, page 1398. The reserve was rescinded on 14 April 1906, page 1269 and re-gazetted on the same date as a Camping and Water Reserve (R. 78), Parish of Brooyar, County of Lennox being about 30 acres. This reserve was finally cancelled by gazettal on 27 November 1971, page 1392 and converted to freehold title. Historical survey plans L37425 (1875) and L37418 (1876) shows a dwelling or building in the middle of ten chain wide road adjoining the subject Camping and Water Reserve. The dwelling is referenced as "Byrne's" which most likely refers to the name of the occupant or squatter. Further research has revealed that on 24 June 1876, Mark Hobson Byrne was granted conditional purchase over Portion 707 on plan L37418, Parish of Brooyar when these lands were originally alienated. This property is located directly opposite the subject reserve. On 13 May 1882, the dwelling was mentioned in an article published in the Brisbane Courier called "A Visit to Kilkivan" where the correspondent noted that they stopped at a celebrated humpy known as Mrs Burns hoping to get refreshments. The Kilkivan Historical Society advises that the area has always been known locally as Byrnes Reserve and that the site was also used as a change over post by Cobb & Co Coaches. It is proposed to name this historical site in honour of the pioneering Byrne family and maintain this significant link with the history of Queensland. Research of departmental historical resources and the Queensland Place Names Gazetteer reveal that the feature has not been recognised under the provisions of the Act. Enclosed is a copy of plan QPN 1205 which shows the location of the proposed feature. The department would like to offer you the opportunity to comment on the proposal before a decision is made on the naming of the proposed feature. Your views should be writing and may be lodged with me no later than 3 February 2012.”

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Gympie Regional Council

Executive Summary: Following a submission from the Kilkivan and District Historical Society, the Queensland Department of Environment and Resource Management has written to Council seeking comment on the proposal to formally name a site located adjacent to the Wide Bay Highway, about 12 kilometres east of Kilkivan (refer attached plan). Report: (GIS Manager – D. Perry) The proposed name of the historical site as Byrnes Reserve (refer attached plan) is not a registered name under the Place Names Act. In the submission to DERM to formally name the site, the Kilkivan and Districts Historical Society advises that the site has always been known as Byrnes Reserve. Research conducted by DERM confirms that the name “Byrne” is historically linked to the area. A search conducted by Gympie Library staff of its historical holdings did not find any additional supporting or contradictory information.

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Gympie Regional Council

Strategic Implications: Corporate Plan: 3.1 Operational Plan: 2.7 Budget Reference: Design Services Budget Risks: Naming of Geographical features after old district identities can result in some form of disagreement in the community. The proposed name of the site has been put forward by the Kilkivan and District Historical Society. DERM has undertaken a search of its historical records and found substantiative evidence supporting the proposed name. This process has greatly reduced the risk associated with the above. Consultation: Gympie Library; Kilkivan Branch

P11/01/12 Moved: Cr A.J. Perrett Seconded: Cr D.R. Neilson Recommend that Council respond to the writer and offer no objection to the naming of the identified Historical Site as Byrnes Reserve as shown on the provided plan.

Carried. SECTION 6: MATTERS FOR COUNCIL’S INFORMATION The following item is for Council’s Information (See Attachment 5). No Date

Received Received from Subject

1 12/12/11 LGAQ Response to Queensland Action for Universal Housing Design (Doc ID 1544825)

2 21/12/11 Attorney-General, Minister for Local Government & Special Minister of State

Red Tape Reduction Regarding Plumbing Approvals (Doc ID 1548362)

P12/01/12 Moved: Cr R.A. Gâté Seconded: Cr D.R. Neilson

Recommend that Council notes the contents of the correspondence.

Carried.

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Gympie Regional Council

Mr B.J. Smith left the meeting at 9.35 a.m. Ms T.M. Stenholm left the meeting at 9.38 a.m. Mrs K.M. Toomey (Principal Planner – Major Projects) entered the meeting at 9.38 a.m.

COUNCIL IN COMMITTEE

The Chairman advised the meeting that Council was going “Into Committee” to discuss: 1. Martin –v– Gympie Regional Council – Planning and Environment

Appeal No. 21 of 2011 2. Show Cause Notice – 2 Mary St, Gympie – Reimbursement of

Cost 3. Proposed Purchase of Reservation in Title Contained within Lot 2

on MCH3707, Parish of Traveston 4. Proposed Purchase of Reservation in Title Contained within Lot 2

on MCH3629, Parish of Traveston. 5. Draft Planning Scheme – Zoning Scheme

P13/01/12 Moved: Cr R.A. Gâté Seconded: Cr J.A. Walker 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 matters:- 1. Martin –v– Gympie Regional Council – Planning and

Environment Appeal No. 21 of 2011 2. Show Cause Notice – 2 Mary St, Gympie – Reimbursement of

Cost 3. Proposed Purchase of Reservation in Title Contained within

Lot 2 on MCH3707, Parish of Traveston 4. Proposed Purchase of Reservation in Title Contained within

Lot 2 on MCH3629, Parish of Traveston. 5. Draft Planning Scheme – Zoning Scheme

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.

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Gympie Regional Council

Mr B.J. Smith returned to the meeting at 9.45 am.

ADJOURNMENT OF MEETING The meeting adjourned for morning tea at 10.00 a.m. RESUMPTION OF MEETING The meeting resumed at 10.30 a.m.

Mr T. Ponnusamy (Design GIS Officer) entered the meeting at 10.45 a.m. Mr B.J. Smith left the meeting at 10.53 a.m. and returned to the meeting at 11.00 a.m.

COUNCIL OUT OF COMMITTEE P14/01/12 Moved: Cr J. Watt Seconded: Cr R.A. Gâté That proceedings be resumed in Open Council.

Carried.

Mrs K.M. Toomey and Mr T. Ponnusamy left the meeting at 11.45 a.m.

SECTION 7: “IN COMMITTEE” ITEMS

7/1 Martin –v– Gympie Regional Council – Planning and Environment

Appeal No. 21 of 2011

P15/01/12 Moved: Cr R.A. Gâté Seconded: Cr D.R. Neilson Recommend that Council notes the information.

Carried.

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Planning & Development Committee Meeting – 18 January 2012 - 92 -

Gympie Regional Council

7/2 Show Cause Notice – 2 Mary St, Gympie – Reimbursement of Cost P16/01/12 Moved: Cr R.A. Gâté Seconded: Cr R.J. Dyne

Recommend that this item be withdrawn from the Agenda and referred to a future Planning and Development meeting.

Carried.

7/3 Proposed Purchase of Reservation in Title Contained within Lot 2 on

MCH3707, Parish of Traveston

P17/01/12 Moved: Cr L.J. Friske Seconded: Cr J.A. Walker Recommend that Council advise the Department of Environment and Resource Management that no objection is offered to the purchase of Reservation in Title over Lot 2 MPH3707 and that the site is not affected by local or State non-indigenous cultural heritage matters.

Carried.

7/4 Proposed Purchase of Reservation in Title Contained within Lot 2 on

MCH3629, Parish of Traveston

P18/01/12 Moved: Cr R.A. Gâté Seconded: Cr L.J. Friske Recommend that Council advise the Department of Environment and Resource Management that no objection is offered to the purchase of Reservation in Title over Lot 2 MPH3629 and that the site is not affected by local or State non-indigenous cultural heritage matters.

Carried.

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Planning & Development Committee Meeting – 18 January 2012 - 93 -

Gympie Regional Council

7/5 Draft Planning Scheme – Zoning Scheme P19/01/12 Moved: Cr G.L. Engeman Seconded: Cr A.J. Perrett

Recommend that Council endorse the draft zoning scheme for the purposes of: 1. Preparing a Priority Infrastructure Plan; and 2. Referring the draft planning scheme to the Department of

Local Government and Planning for a State interest check.

Carried.

SECTION 8: GENERAL BUSINESS Nil

SECTION 9: ATTACHMENTS Attachment 1: (See Item 1/1 – for Councillors) • Volume One (1) – Strategy Report; and • Volume Two (2) – Network Maps and Implementation Plan. Attachment 2: (See Item 1/2) • Marine Mammal Legislative Review Submission Form Attachment 3: (See Item 5/1) • Building Statistics for November 2011 Attachment 4: (See Item 5/1) • Building Statistics for December 2011 Attachment 5: (See Section 6) • Letter from LGAQ • Letter from the Attorney General’s Office

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Planning & Development Committee Meeting – 18 January 2012 - 94 -

Gympie Regional Council

There being no further business the meeting closed at 11.52 a.m.

CONFIRMED THIS THE FIRST DAY OF FEBRUARY 2012

_____________________________________________ Cr I.T. Petersen

Chairman

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ATTACHMENT 3 REFERS TO ITEM 5/1

PLANNING & DEVELOPMENT COMMITTEE MEETING

18 January 2012

Page 97: 2012-01-18 Planning & Development Committee Meeting Minutes · 1/18/2012  · Reference: Nil. EXECUTIVE SUMMARY . This report has been prepared to seek the endorsement by Council

Details Type of Work No. of Permits Estimated Cost

Building Approval Summary From: 1/11/2011 To: 30/11/2011

Above ground swimming pool /Spa New Building 8 $39,760.00

Carport New Building 4 $67,393.00

Carport Refurbish/Fitou 1 $10,000.00

Childcare Centre New Building 1 $150,000.00

Class 10 other New Building 1 $122,000.00

Dual occp - attached Alteration/Addi 1 $13,590.00

Dwelling Alteration/Addi 11 $173,678.00

Dwelling Conversion 3 $90,000.00

Dwelling New Building 16 $3,325,302.00

Dwelling Remov from site 1 $7,000.00

Garage New Building 1 $47,500.00

Health Care Building Refurbish/Fitou 1 $120,000.00

In ground swimming pool New Building 8 $218,050.00

Industrial Building Alteration/Addi 1 $300,000.00

Industrial Building New Building 1 $60,000.00

Retail Building New Building 1 $160,000.00

Shade Structure New Building 1 $4,554.00

Shed Conversion 1 $8,900.00

Shed New Building 19 $386,685.00

Units New Building 2 $663,967.00

Total New Dwellings 16 $3,325,302.00 Total Other 67 $2,643,077.00 Total for Period 83 $5,968,379.00 Total for Financial Year 413 $44,583,068.00 Tin Can Bay dwellings (0) $0.00 Cooloola Cove dwellings (2) $297,320.00 Rainbow Beach dwellings (1) $180,000.00 Kilkivan (ex Shire) dwellings (1) $262,982.00 Tiaro (ex Shire) dwellings (0) $0.00 There were 58 Privately Certified applications and 25 Council Certified applications for the month of November 2011.

These figures are inclusive in the above Summary.

There were 22 new dwellings approved in November 2010 with a value of $3,827,318.00

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Issued To Locality Specific Use Estimated Cost

Building Approval Summary From: 1/11/2011 To: 30/11/2011

$2,000 Above ground swimming pool /Spa

Name Withheld GILLDORA 907

$2,500 Above ground swimming pool /Spa

Name Withheld TAMAREE 1504

$10,000 Above ground swimming pool /Spa

Name Withheld MCINTOSH CREEK 1508

$2,760 Above ground swimming pool /Spa

Name Withheld ARALUEN 1561

$8,500 Spa/Fence Name Withheld RAINBOW BEACH 1566

$5,000 Above ground swimming pool /Spa

Name Withheld SOUTHSIDE 1602

$6,000 Above ground swimming pool Name Withheld MOTHAR MOUNTAIN 1611

$3,000 Above ground swimming pool /Spa

Name Withheld GREENS CREEK 1627

$5,394 Carport Name Withheld GYMPIE 1616

$12,921 Carport Name Withheld EAST DEEP CREEK 1708

$38,578 Carport Name Withheld KYBONG 1720

$10,500 Carport & Garage Class 10a Name Withheld MOTHAR MOUNTAIN 1740

$10,000 Enclose Existing Garage Name Withheld CEDAR POCKET 1420

$150,000 Childcare Centre Name Withheld ARALUEN 1666

1492

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Issued To Locality Specific Use Estimated Cost

Building Approval Summary From: 1/11/2011 To: 30/11/2011

$122,000 Shed & Special Structure (Radio Tower)

Name Withheld MANUMBAR

$13,170 Shed Name Withheld TIN CAN BAY 1550

$13,590 Alterations/Additions Dual occp - attached

Name Withheld TIN CAN BAY 1744

$8,200 Verandah Name Withheld GYMPIE 810

$4,600 Re-roof Name Withheld GYMPIE 976

$8,580 patio Name Withheld SOUTHSIDE 1421

$9,100 Pergola Name Withheld THE PALMS 1617

$60,000 Dwelling Addition - Verandah Name Withheld WIDGEE 1620

$4,000 Dwelling addition - verandah Name Withheld TAMAREE 1659

$8,510 Dwelling Addition - Patio Roof Name Withheld SOUTHSIDE 1678

$2,000 Dwelling Addition - Awning Name Withheld CURRA 1699

$12,900 Dwelling Addition - Patio Name Withheld SOUTHSIDE 1700

$47,000 Relocated Dwelling (Dwelling Addition)

Name Withheld DOWNSFIELD 1719

$8,788 Patio Name Withheld WILSONS POCKET 1723

$10,000 Change of Classification - Class 5 Office

Name Withheld SOUTHSIDE 909

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Issued To Locality Specific Use Estimated Cost

Building Approval Summary From: 1/11/2011 To: 30/11/2011

$50,000 Re-Classification class 10a to 1a Dwelling, Shed & Bridge

Name Withheld BOLLIER 1011

$30,000 Change of Classification to Dwelling

Name Withheld KILKIVAN 1288

$455,000 Dwelling Name Withheld BROOLOO 1583

$175,213 Dwelling Name Withheld BROOLOO 1593

$195,412 Dwelling Name Withheld SOUTHSIDE 1595

$177,320 Dwelling Name Withheld COOLOOLA COVE 1626

$145,000 Dwelling Name Withheld THE PALMS 1628

$212,000 Dwelling Name Withheld GYMPIE 1636

$314,259 Dwelling Name Withheld ARALUEN 1646

$201,000 Dwelling Name Withheld GYMPIE 1703

$154,978 Dwelling Name Withheld GYMPIE 1716

$217,778 Dwelling Name Withheld ARALUEN 1717

$0 Dwelling Name Withheld VETERAN 1718

$120,000 Dwelling Name Withheld COOLOOLA COVE 1721

$336,910 Dwelling Name Withheld PIE CREEK 1722

$180,000 Dwelling Name Withheld RAINBOW BEACH 1724

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Issued To Locality Specific Use Estimated Cost

Building Approval Summary From: 1/11/2011 To: 30/11/2011

$177,450 Dwelling Name Withheld JONES HILL 1732

$262,982 Dwelling Name Withheld KILKIVAN 1746

$7,000 Removal of dwelling from site Name Withheld GYMPIE 1682

$47,500 Garage & patio Name Withheld LAGOON POCKET 257

$120,000 Tenancy Fitout - Cool Imaging (Radiology)

Name Withheld GYMPIE 1599

$41,350 In ground swimming pool Name Withheld MOTHAR MOUNTAIN 1584

$8,100 In ground swimming pool Name Withheld WILSONS POCKET 1609

$32,850 In ground swimming pool Name Withheld CHATSWORTH 1612

$25,500 In ground swimming pool Name Withheld SOUTHSIDE 1614

$35,000 In ground swimming pool Name Withheld LAGOON POCKET 1638

$22,500 In ground swimming pool Name Withheld COOLOOLA COVE 1647

$23,750 In ground swimming pool Name Withheld MONKLAND 1704

$29,000 In ground swimming pool Name Withheld VETERAN 1714

$300,000 Industrial Building & Office Additions

Name Withheld GLANMIRE 1558

$60,000 Industrial Shed Additions Name Withheld GYMPIE 1485

$160,000 Motor Vehicle Showroom Name Withheld GYMPIE 880

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Issued To Locality Specific Use Estimated Cost

Building Approval Summary From: 1/11/2011 To: 30/11/2011

$4,554 Shade Structure Name Withheld GOOMERI 1560

$8,900 Change of class 10a to 1a Annex

Name Withheld MOTHAR MOUNTAIN 761

$20,000 Shed Name Withheld CHATSWORTH 179

$23,000 Shed Name Withheld KILKIVAN 1498

$6,600 Shed Name Withheld PIE CREEK 1569

$20,780 Shed Name Withheld COOLOOLA COVE 1600

$7,675 Shed Name Withheld SOUTHSIDE 1613

$10,000 Shed Name Withheld ARALUEN 1615

$10,569 Shed Name Withheld NEERDIE 1621

$16,353 Shed Name Withheld JONES HILL 1623

$75,347 Shed Name Withheld GUNALDA 1629

$19,400 Shed Name Withheld VETERAN 1652

$6,807 Shed Name Withheld SOUTHSIDE 1697

$22,806 Shed Name Withheld WOOLOOGA 1698

$54,285 Shed Name Withheld VETERAN 1709

$18,320 Shed Name Withheld COOLOOLA COVE 1710

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Issued To Locality Specific Use Estimated Cost

Building Approval Summary From: 1/11/2011 To: 30/11/2011

$7,250 Shed Name Withheld THE PALMS 1711

$27,407 Shed Name Withheld COOLOOLA COVE 1712

$15,683 Shed Name Withheld CURRA 1713

$11,233 Shed Name Withheld TIN CAN BAY 1715

$175,817 2 Units Name Withheld COOLOOLA COVE 1587

$488,150 2 Units Name Withheld TIN CAN BAY 1725

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ATTACHMENT 4 REFERS TO ITEM 5/1

PLANNING & DEVELOPMENT COMMITTEE MEETING

18 January 2011

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Details Type of Work No. of Permits Estimated Cost

Building Approval Summary From: 1/12/2011 To: 31/12/2011

Above ground swimming pool /Spa New Building 2 $6,000.00

Carport New Building 2 $10,500.00

Class 10 other New Building 2 $254,000.00

Club/Community Building Alteration/Addi 1 $26,627.00

Dwelling Alteration/Addi 8 $238,210.00

Dwelling New Building 16 $3,091,014.00

Dwelling Relocation 1 $15,880.00

Garage New Building 2 $53,243.00

Gazebo New Building 1 $8,000.00

In ground swimming pool New Building 3 $99,200.00

Industrial Building Conversion 1 $2,000.00

Retail Building Alteration/Addi 1 $275,380.00

Shed New Building 21 $325,047.00

Signs New Building 1 $7,500.00

Total New Dwellings 16 $3,091,014.00 Total Other 46 $1,321,587.00 Total for Period 62 $4,412,601.00 Total for Financial Year 475 $48,995,669.00 Tin Can Bay dwellings (1) $262,845.00 Cooloola Cove dwellings (1) $79,600.00 Rainbow Beach dwellings (0) $0.00 Kilkivan (ex Shire) dwellings (3) $602,387.00 Tiaro (ex Shire) dwellings (2) $230,440.00 There were 49 Privately Certified applications and 13 Council Certified applications for the month of December 2011.

These figures are inclusive in the above Summary.

There were 16 new dwellings approved in December 2010 with a value of $3,531,790.00

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Issued To Locality Specific Use Estimated Cost

Building Approval Summary From: 1/12/2011 To: 31/12/2011

$2,000 Above ground swimming pool /Spa

Name Withheld CHATSWORTH 1737

$4,000 Above ground swimming pool Name Withheld JONES HILL 1846

$1,500 Carport Name Withheld TIN CAN BAY 1747

$9,000 Carport & Above Ground Pool Name Withheld COOLOOLA COVE 1830

$4,000 2 x Shipping Containers Name Withheld PIE CREEK 643

$250,000 ANTENNA/SATELLITE DISH AND RETAINING WALL/S

Name Withheld IMBIL 1799

$26,627 QLD CWA Building - Disability Modifications

Name Withheld KILKIVAN 1839

$19,622 Enclose carport for family room and add carport

Name Withheld COOLOOLA COVE 1605

$7,800 Attached Rear Deck, Balustrade and Staircase

Name Withheld COOLOOLA COVE 1757

$37,059 DECK ADDITION Name Withheld CEDAR POCKET 1766

$100,000 Sunroom Addition & Caport Name Withheld TIN CAN BAY 1807

$14,000 Dwelling Addition - Deck Name Withheld GYMPIE 1820

$20,869 Dwelling Addition - Verandah Name Withheld GYMPIE 1823

$4,860 Dwelling - Awning Addition Name Withheld SOUTHSIDE 1824

$34,000 Bedroom and Deck Name Withheld MOY POCKET 1841

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Issued To Locality Specific Use Estimated Cost

Building Approval Summary From: 1/12/2011 To: 31/12/2011

$262,845 Dwelling Name Withheld TIN CAN BAY 1779

$248,297 Dwelling Name Withheld SOUTHSIDE 1784

$196,766 Dwelling Name Withheld TAMAREE 1787

$162,440 Dwelling Name Withheld CURRA 1788

$175,990 Dwelling Name Withheld WIDGEE 1790

$225,713 Dwelling Name Withheld IMBIL 1793

$68,000 Dwelling (two joined shipping containers) with two Attached Carport

Name Withheld CURRA 1800

$150,000 Dwelling Name Withheld THE PALMS 1803

$209,406 Dwelling Name Withheld WOOLOOGA 1811

$215,970 Dwelling Name Withheld SOUTHSIDE 1815

$265,996 Dwelling Name Withheld SOUTHSIDE 1821

$216,991 Dwelling - Class 1a Name Withheld GOOMERI 1825

$140,000 Dwelling, Verandah, Craft Room & Carport

Name Withheld CHATSWORTH 1833

$79,600 Dwelling Name Withheld COOLOOLA COVE 1850

$236,000 Dwelling,fence,garage,retaining wall

Name Withheld GYMPIE 1852

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Issued To Locality Specific Use Estimated Cost

Building Approval Summary From: 1/12/2011 To: 31/12/2011

$237,000 Dwelling Name Withheld GYMPIE 1853

$15,880 Dwelling- Resite House Name Withheld IMBIL 1772

$34,243 Garage Name Withheld CHATSWORTH 1785

$19,000 Garage Name Withheld SOUTHSIDE 1838

$8,000 Gazebo Name Withheld PIE CREEK 1702

$31,500 In ground swimming pool Name Withheld GOOMBOORIAN 1831

$29,700 In ground swimming pool Name Withheld GYMPIE 1840

$38,000 In ground swimming pool Name Withheld LOWER WONGA 1845

$2,000 Industrial Building - change of classification and Alterations

Name Withheld SOUTHSIDE 1553

$275,380 Alterations - Camping Store (Class 6)

Name Withheld GYMPIE 1829

$30,000 Shed Name Withheld CURRA 841

$32,000 Shed Name Withheld TRAVESTON 1594

$8,810 Shed Name Withheld BEENAAM VALLEY 1735

$500 Shipping Container Name Withheld ARALUEN 1764

$42,596 Farm Shed Name Withheld KANDANGA 1765

$17,413 Shed Name Withheld WIDGEE 1775

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Issued To Locality Specific Use Estimated Cost

Building Approval Summary From: 1/12/2011 To: 31/12/2011

$9,750 Shed Name Withheld PIE CREEK 1802

$10,051 Shed Name Withheld TAMAREE 1804

$28,979 Farm Shed Name Withheld GLASTONBURY 1805

$10,491 Shed Name Withheld VETERAN 1806

$10,750 Shed Name Withheld TANDUR 1808

$17,319 Shed Name Withheld COOLOOLA COVE 1809

$9,986 Shed Name Withheld GYMPIE 1810

$15,200 Shed Name Withheld CURRA 1813

$9,524 Shed Name Withheld THE DAWN 1814

$19,646 Shed Name Withheld ARALUEN 1818

$19,646 Shed Name Withheld CURRA 1819

$7,235 Shed Name Withheld COOLOOLA COVE 1822

$15,401 Shed Name Withheld TIN CAN BAY 1826

$0 Shed Name Withheld SOUTHSIDE 1828

$9,750 Shed Name Withheld COOLOOLA COVE 1844

$7,500 Sign Name Withheld MONKLAND 661