final minutes - city of mackay · 2014. 7. 9. · collection, council named the queens park orchid...

FINAL MINUTES

12 February 2014

FINAL MINUTES WEDNESDAY 12 FEBRUARY 2014

MIN/12.02.2014 FOLIO 31531

Table of Contents

Folio Date Particulars

31532 12.02.2014 Ordinary Meeting Minutes

31545 12.02.2014 Adoption of Proposed Amendment 1 of 2012 to the Mackay

City Planning Scheme (Consolidated Planning Scheme)

Declaration of Potential Conflict of Interest

Nil.


MIN/12.02.2014 FOLIO 31532

ORDINARY MEETING

MINUTES

1. ATTENDANCE:

Her Worship the Mayor, Cr D T Comerford (Chairperson), K J Casey, C J Bonanno, L G

Bonaventura, F A Gilbert, A N Jones, G J Martin, T A Morgan, D J Perkins, P F Steindl, and R

D Walker were in attendance at the commencement of the meeting. Also present was Mr B

Omundson (Chief Executive Officer) and Mrs M Iliffe (Minute Secretary).

The meeting commenced at 10.01 am.

2. ABSENT ON COUNCIL BUSINESS:

Nil

3. APOLOGIES:

Nil

4. CONDOLENCES:

Council today paid its respects to Mr Ken Burgess, who passed away yesterday. Ken worked

for Mackay City Council for over 31 years, starting in August 1949 as a Gardener. He was the

first curator of Queens Park and instrumental in establishing the Orchid House and as a keen

orchid enthusiast and in recognition of his generosity in supplying plants from his own private

collection, Council named the Queens Park Orchid House in his honour. Mr Burgess

celebrated his 90th birthday last year which coincided with The Orchid House celebrating 25

years.

5. CONFIRMATION OF MINUTES:

5.1 ORDINARY MEETING MINUTES 5 FEBRUARY 2014

THAT the Ordinary Meeting Minutes held on 5 February 2014 be confirmed.

Moved Cr Casey Seconded Cr Jones

CARRIED


MIN/12.02.2014 FOLIO 31533

6. BUSINESS ARISING OUT OF MINUTES OF PREVIOUS MEETING:

Nil

7. MAYORAL MINUTES:

Nil

8. CORRESPONDENCE AND OFFICERS’ REPORTS:

8.1 ADOPTION OF PROPOSED AMENDMENT 1 OF 2012 TO THE MACKAY

CITY PLANNING SCHEME (CONSOLIDATED PLANNING SCHEME)

Author Manager Strategic Planning

To adopt the proposed Amendment 1 of 2012 to the Mackay City Planning Scheme.

Background/Discussion

On 12 December 2012, Council resolved to proceed with a proposed major amendment to the

Mackay City Planning Scheme.

The proposed major amendment seeks to:

Rezone 69 Heaths Road, Glenella (Lot 7 on SP112231) from Rural zone to Industry (Low

impact) zone and Sport and recreation zone; and

Rezone Lot 5 & 6 Milton Street, Paget (Lot 5 & 6 on SP244237) from Rural zone to

Industry (Low impact) zone; and

Insert additional provisions to the Industry (Low impact) zone code.

The purpose of the proposed amendment is to:

facilitate the relocation of the junior soccer fields from South Mackay; and

Increase the amount of land available for light industrial uses in Paget and Glenella, as

per the recommendations of the Low Impact Industrial Study (2011).

On February 28, 2013, Council received approval from the Minister of State Development

Infrastructure and Planning to commence public consultation of the proposed amendment.

On June 21, 2013, Council commenced public consultation of the proposed amendment for a

period of 30 business days. In accordance with the requirements of the Statutory Guideline

02/12, the proposed amendment was advertised to the public via:

a public notice in the Daily Mercury;

an electronic copy on Council’s website;


MIN/12.02.2014 FOLIO 31534

a public notice at the Mackay Administration building and Development Services

building; and

a hard copy of the proposed amendment at the Mackay Administration building and

Development Services building.

During the public consultation period, three (3) properly made submissions were received. Two

(2) submissions were in support of the proposed amendment and one (1) submission was

against. At the meeting of September 25, 2013, Council considered each properly made

submission and decided to proceed to the next stage of the process without amending the

proposed planning scheme amendment.

On October 1, 2013 Council wrote to the Minister seeking approval to adopt the proposed

planning scheme amendment. On November 26, 2013, Council received a letter from the

Minister advising that Council may adopt the proposed planning scheme amendment.

Consultation and Communication

The following internal Department in Council were consulted in preparing the proposed

scheme amendment:

Development Services;

Organisational Services; and

Community & Client Services.

External consultation was undertaken in accordance with the mandatory requirements of the

Statutory Guidelines 02/12.

Following Council’s endorsement of the amendment, the following communications will be

undertaken to advise of the adoption of the amendment:

a public notice will be placed in the Daily Mercury, Queensland Government Gazette and

on Council’s website;

a MyMackay eNewsletter will be issued by Development Services;

letters will be written to both landowners.

Resource Implications

Minimal resources are required to finalise the administrative matters related to the adoption of

the scheme amendment.

Note: There will be costs associated to the development of the Heath Road site to facilitate the

relocation of the junior soccer fields, once the Amendment to the Planning Scheme is adopted.

Risk Management Implications

Nil.


MIN/12.02.2014 FOLIO 31535

Conclusion

The formal adoption of Amendment 1 of 2012 to the Mackay City Planning Scheme is required

under Statutory Guideline 1/13 Making and amending local planning instruments to finalise the

proposed amendment.

The amendment seeks to facilitate the relocation of the soccer fields from the safety zone of the

Mackay Airport and increase the amount of land zoned for light industrial uses in the Paget

area and north of the Pioneer River.

Officer's Recommendation

A. THAT Council adopts Amendment 1 of 2012 to the Mackay City Planning Scheme

in accordance with Statutory Guideline 01/13 Making and Amending Local Planning

Instruments and Part 5, Division 2 of the Sustainable Planning Act

B. AND THAT the administrative procedures are carried out to formalise the

amendment

Council Resolution

THAT the Officer's Recommendation be adopted.

Moved Cr Perkins Seconded Cr Walker

CARRIED

8.2 LOCAL LAW AMENDMENT - ANIMAL MANAGEMENT

(AMENDMENT) LOCAL LAW (NO.1) 2014

File No Local Law Review

Author Manager Governance & Assets

Purpose

To approve the next step in the process to adopt the proposed amendment to the Animal

Management Local Law and Subordinate Local Law.


Under the Local Law Making Process Council, was required to consult with relevant

government entities and the public with respect to the propose Local Law.

The following Government Agencies were consulted as per the requirement:

Department of Aboriginal and Torres Strait Islander and Multicultural Affairs;


MIN/12.02.2014 FOLIO 31536

Department of Communities, Child Safety and Disability Services;

Department of Agriculture, Fisheries and Forestry;

Depart of Tourism, Major Events, Small Business and the Commonwealth Games;

Department of Science, Information Technology, Innovation and the Arts;

Department of Environment and Heritage Protection;

Department of National Parks, Recreation, Sport and Racing;

Queensland Health;

Queensland Police;

Queensland Rail;

Department of Education, Training and Employment;

Department of State Development, Infrastructure and Planning;

Department of Natural Resource and Mines;

Department of Transport & Main Roads;

Department of Housing and Public Works;

Department of Energy and Water Supply;

Department Justice and Attorney-General;

Department of Local Government;

Council was in receipt of responses from the following departments which indicated that they

did not have any comments or interest in the proposed amendment to the Animal Management

Local Law or Subordinate Local Law:

a) Department Local Government, Community Recovery & Resilience;

b) Department of Justice & Attorney-General;

c) Department of Science, Information Technology, Innovation and the Arts;

d) Department of Community Safety;

e) Queensland Police.

Council was also required to consult with the general public for at least 21 days (consultation

took place between the 8 May, 2013 and the 29 May, 2013). Council undertook the necessary

consultation period by:

Publishing a notice about the proposed Local Law at least once in a newspaper

circulated generally in the local government’s area;

Displayed the advertisement in a conspicuous place at the Local government public

office;

Had a copy of the proposed Local Law available for inspection or purchase at the Local

Government public office;

Placed a copy of the advertisement on Council’s website;

At the end of the consultation period, Council received one submission regarding the proposed

amendments to the Animal Management Local Law and Subordinate Local Law.

The public submission, incorporating a petition signed by a number of residents of Campwin

Beach, called for the cessation of the dog off leash area at Campwin Beach, with the main

objections being as follows:

Health, Safety and Environmental Issues;

Site location is not appropriate;


MIN/12.02.2014 FOLIO 31537

There was a lack of consultation with the residents of Campwin Beach;

Council ignored the concerns of local residents;

Lack of enforcement and regulation of the implementation of the dog off leash area;

Grey area of legislation (i.e. below high tide mark which is DERM).

Upon receiving the submission, a search of Council's request system in relation to dog related

issues for the period of the trial was undertaken for the Campwin Beach area. The search

highlighted that Council received only one request for the Campwin Beach area, which was

not beach related and was not related with the submitter.

Additionally, an investigation into the matters raised in the petition was requested by the Chief

Executive Officer, incorporating a surveillance program of the part of the beach covered by the

off leash area to ascertain use and compliance by dog owners with the provisions of the off

leash area.

The surveillance program demonstrated that Campwin Beach is well used by residents both

with and without dogs however revealed that a large number of dog owners allow their animals

to use the whole beach as “off leash" than just the designated off leash area. A brief

surveillance program of the nearby Johnson Beach (identified by petitioners as an optional off

leash area) revealed infrequent use by residents generally of that particular beach area.

As a result of these investigations Council, at it’s ordinary meeting on Wednesday 11

December, 2013, resolved to maintain the current off leash areas, including Campwin Beach

with consideration for future funding for increased patrolling of all off leash areas, a review of

signage at Campwin Beach and an education program for Campwin Beach residents in terms of

responsible dog usage in specified areas.

Section 38 of The Local Government Act provides that Council must not make a Local Law

(including a Subordinate Local Law) that contains an anti-competitive provision unless Council

has complied with the procedures prescribed under a regulation for the review of anti-

competitive provisions. Neither the proposed amended Local Law or Subordinate Local Law

contains any anti-competitive provisions.

As part of Council’s Local Law Making process, Council is now in a position to resolve to

make each of the proposed amended Local Law and Subordinate Local Law. Once the

Council has made the resolution, Council must then advise the general public by publishing a

notice in the Government Gazette and Council’s website. Council is also required to, within

14 days after the notice has been published in the Gazette, to provide to the Minister for Local

Government, Community Recovery & Resilience a copy of the:

Gazette Notice;

Certified copy of the Local Law referred to in the Notice;

Certified copy of the Subordinate Local Law referred to in the Notice.

The commencement of the new Local Law and Subordinate Local will take effect as at the date

the notice is published in the Gazette.


King and Company Solicitors;


MIN/12.02.2014 FOLIO 31538

Relevant Government Entities;

General Public;

Relevant Council Departments.


Legal and advertising fees have been accounted for in the Governance budget.


The risk associated with this matter is considered to be low risk.

Conclusion

Council has now undertaken all the necessary steps pursuant the Local Law Making Process

which was adopted by Council on the 6 March, 2013 and is now in a position to resolve to

adopt the proposed amended Local Law and Subordinate Local Law for Animal Management

and the consolidated Local Law and Subordinate Local Law Animal Management.

With the adoption of these new Laws Council will be able to enforce dog off leash areas

located at

Camilleri Street Park, Eimeo (West section);

Bucasia Beach (Williams Avenue to Symons Avenue);

Town Beach (Evans Street to Bridge Road);

Campwin/Sarina Beaches;

And the proposed area at the Gooseponds off Willis Street.


THAT Council:

(a) note the comments raised in the submission/petition received from the general

public and the comments from the relevant government entities about the overall

State interest in Animal Management (Amendment) Local Law (No. 1) 2014

pursuant to section 29A(3) of the Local Government Act 2009; and

(b) make Animal Management (Amendment) Local Law (No. 1) 2014 as advertised; and

(c) make Animal Management (Amendment) Subordinate Local Law (No. 1) 2014 as

advertised; and

(d) pursuant to section 32 of the Local Government Act 2009, adopt a consolidated

version of Local Law No. 2 (Animal Management) 2011 as attached to this report to

Council ; and

(e) pursuant to section 32 of the Local Government Act 2009, adopt a consolidated

version of Subordinate Local Law No. 2 (Animal Management) 2011 as attached to

this report to Council .


MIN/12.02.2014 FOLIO 31539

Council Resolution

THAT the Report be deferred to the Ordinary Meeting of 19 February 2014.

Moved Cr Casey Seconded Cr Bonaventura

CARRIED

9. CONSIDERATION OF COMMITTEE REPORTS:

Nil

10. RECEIPT OF PETITIONS:

10.1 PETITION - ARMSTRONG BEACH CARAVAN PARK TO BE

ENFORCED TO COMPLY WITH LOCAL LAW NO 4

Author Chief Executive Officer

Purpose

A petition was received by Council on the 3 February 2014 and relates to a request by the

residents of Armstrong Beach Community that the Armstrong Beach Caravan Park be made to

comply with Local Law No 4, as per the rest of the residents on the beach front at Armstrong

Beach.


In terms of Council’s Standing Orders Council has three options with regard to Petitions that

are tabled and these are;

the petition be received and consideration stand as an order of the day for the meeting;

or for a future meeting; or

the petition be received and referred to a committee or officer for consideration and a

report to the local government; or

the petition not be received.

In December a letter was sent out to residents along Melba Street, Armstrong Beach requesting

the cessation of mowing and maintenance of the beach side of the foreshore boundary fence.

The letter explained that the native vegetation, included grass on coastal dunes plays an

important role in stabilising the surface against wind erosion and provides habitat for wildlife.

The petition to Council requests that the Armstrong Beach Caravan Park be also made comply

with Local Law No 4 (Local government Controlled Areas, Facilities and Roads) 2011.


MIN/12.02.2014 FOLIO 31540


That the petitioners, through their representative, be informed that Council acknowledges

receipt of the Petition and that it has been accepted as a formal submission. The issues raised

will be addressed in a report to be tabled before Council in the future.


NIL at this stage as the recommendation relates only to the preparation of a report on the matter

including cost estimates.


NIL.

Conclusion

It is proposed that as the petition meets the necessary requirement for consideration by Council,

that the petition be referred to the Chief Executive Officer for a report to be prepared for further

consideration by Council.


THAT the petition be received and referred to the Chief Executive Officer for a report to

be prepared for consideration by Council which investigates the issues identified within

the petition, including the estimate of costs associated with such works.

FURTHER THAT the principal petitioner be advised of Council's determination.

Council Resolution

THAT the Officer's Recommendation be adopted.

Moved Cr Bonanno Seconded Cr Steindl

CARRIED

11. TENDERS:

Nil

12. CONSIDERATION OF NOTIFIED MOTIONS

Nil


MIN/12.02.2014 FOLIO 31541

13. LATE BUSINESS:

13.1 2014 SPORTS EXPO

Cr Steindl congratulated the organising committee for hosting yet another hugely successful

Sports Expo and Sign on Day last Sunday.

Now in its fourth year, the event is very much a collaborative effort between Sport and

Recreation, Corporate Communications, Community Programs and the MECC and a number of

corporate partners. Over 6,000 people passed through the MECC to seek information on sport,

recreation and getting active.

13.2 2014 CHINESE NEW YEAR

Cr Martin commended the Economic Development team for its efforts in facilitating activities

to celebrate Chinese New Year. The event generated some positive feedback from the

community and traders. There was also a good turn out to the City Centre fashion parade with

Miss Australia's entrant in the Miss Universe competition.

14. PUBLIC PARTICIPATION:

Nil

15. CONFIDENTIAL REPORTS:

15.1 HOLTS ROAD DETENTION BASIN OBJECTION REPORT

Confidential

Council Recommendation

THAT Council note that the objections have been duly considered and addressed for the

resumption of the area of 44,742m2 from Lot 1 on SP232812 known as 152 Holts Road,

Richmond for drainage purposes.

AND THAT a Gazettal Application be made to the Minister for Natural Resources and

Mines for gazettal of the area of 44,742m2 from Lot 1 on SP232812 known as 152 Holts

Road, Richmond as depicted in the plan attached to the NIR.

Moved Cr Steindl Seconded Cr Martin

CARRIED


MIN/12.02.2014 FOLIO 31542

16. MEETING CLOSURE

The meeting closed at 10.10 am.

17. FOR INFORMATION ONLY

17.1 DEVELOPMENT APPLICATION INFORMATION - 27.01.14 TO 02.02.14

For Council Information Only - No Decision Required.

Development Applications Received

App no Code / Impact

Address Applicant Description Officer

CON-2014-10

15 Neill Street, EAST MACKAY

Mackay and Whitsunday Building Certification

Building Work - Boundary Setback for Patio

Josephine McCann

CON-2014-7

79 Dawson Boulevard, RURAL VIEW


Building Work - Boundary Setback for Dwelling House

Andrea McPherson

CON-2014-8

4 Renou Court, EAST MACKAY


Building Work - Boundary Setback for Patio

Helle Jorgensen Smith

CON-2014-9

28 Tulloch Street, OORALEA

Luke B Single Building Work - Boundary Setback for Carport

Kathryn Goodman

MCUI-2014-15

Impact 27 Lawrence Street, WALKERSTON

Sandsky Developments Material Change of Use - Multiple Dwelling Units (3)

Brogan Jones

ROLC-2014-13

Code 2 Silver Gum Drive, ANDERGROVE

Michael G Esmond 1 Urban Residential Lot into 2 Lots

Andrea McPherson

Development Applications Entering Decision Making Period

App Number

Code / Impact

Address Applicant Description Officer

ROLC-2013-170

Code 0 Devereux Creek Road DEVEREUX CREEK

Darren J Smith

Boundary Realignment 6 Rural Lots into 6 Lots

Andrea McPherson

ROLC-2013-397

Code 101 Wallmans Road RURAL VIEW

Denar Pty Ltd

Reconfiguration of a Lot (boundary realignment) - 2 Rural Lots into 2 Lots

Brogan Jones

ROLC-2013-414

Code 5 Baur Street NORTH MACKAY

Wayne P Morrison

1 Urban Residential Lot into 2 Lots Andrea McPherson

Development Application Finalised

App No Code / Impact

Location Applicant Description Officer

Approved Subject to Conditions

CON-ASPA-2014/3

9 Prospect Street ETON QLD 4741

Cody J Higgins Building Work - Non-compliance with the Planning Scheme and Boundary Setback for Residential Storage Shed

Kathryn Goodman

CON-ASPA-2014/4

8 Michael Moohin Drive SLADE POINT QLD 4740

Gaileen T Tetley and Jeffory L Tetley

Building Work - Boundary Setback for Carport

Josephine McCann

MCUC-ASPA-2013/437

Code 20 Eyre Place ERAKALA QLD 4740

Michael P McKenna

Residential Shed/Gazebo (Steep Land Overlay)

Josephine McCann

MCUC-ASPA-2014/2

Code 32 Regent Avenue RICHMOND QLD 4740

Aaron K Smalley Residential Storage Shed Josephine McCann


MIN/12.02.2014 FOLIO 31543

App No Code / Impact

Location Applicant Description Officer

MCUI-ASPA-2013/379

Impacat 110 Rasmussen Avenue HAY POINT QLD 4740

Sandsky Developments

Dual Occupancy (2 Detached Dwellings)

Josephine McCann

ROLC-ASPA-2011/125A

Code L 1 Mirani-Mount Ossa Road MOUNT CHARLTON QLD 4741

Billy Arnold Request to Extend Currency Period - 1 Rural Lot into 2 Lots

Matthew Ingram

ROLC-ASPA-2013/393

Code L 1 Mirani-Mount Ossa Road DEVEREUX CREEK QLD 4753

John H Siddle and Karen E Siddle

Boundary Realignment - 4 Rural Lots into 3 Lots

Matthew Ingram

ROLC-ASPA-2013/433

Code 5 Vaucluse Crescent EAST MACKAY QLD 4740

Grenadier Super Co Pty Ltd

1 Lot into 3 Lots Shane Kleve

ROLC-ASPA-2013/435

Code 21 Makybe Diva Drive OORALEA QLD 4740

Gemini Homes (QLD) Pty Ltd

1 High Density Residential Lot into 2 Lots

Darryl Bibay

ROLI-ASPA-2013/355

Impact 91987 Bruce Highway ALLIGATOR CREEK QLD 4740

Racesea Pty Ltd Boundary Realignment (2 Rural Lots into 2 Lots)

Josephine McCann

Application Withdrawn

ROLC-ASPA-2010/368A

Code 61 Whitsunday Drive BLOOMSBURY QLD 4799

Max Watterson & Associates

1 Rural Lot into 36 Rural Residential Lots and 1 Balance Lot - Extension of Currency Period

Julie Brook

Confirmed on Wednesday 19 February 2014

………………………………………

MAYOR


MIN/12.02.2014 FOLIO 31544

APPENDIX / ATTACHMENTS


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MIN/12.02.2014 FOLIO 31546


MIN/12.02.2014 FOLIO 31547


MIN/12.02.2014 FOLIO 31548


MIN/12.02.2014 FOLIO 31549


MIN/12.02.2014 FOLIO 31550


MIN/12.02.2014 FOLIO 31551


MIN/12.02.2014 FOLIO 31552


MIN/12.02.2014 FOLIO 31553


MIN/12.02.2014 FOLIO 31554

final minutes - city of mackay · 2014. 7. 9. · collection, council named the queens park orchid...

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