final minutes - mackay council · final minutes wednesday 11 september 2013 min/11.09.2013 folio...

FINAL MINUTES

11 September 2013

FINAL MINUTES WEDNESDAY 11 SEPTEMBER 2013

MIN/11.09.2013 FOLIO 29541

Table of Contents

Folio Date Particulars 29542 11.09.2013 Ordinary Meeting Minutes

Declaration of Potential Conflict of Interest

Nil.


MIN/11.09.2013 FOLIO 29542

ORDINARY MEETING MINUTES

1. ATTENDANCE:

Her Worship the Mayor, Cr D T Comerford (Chairperson), Crs 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 10.02 am.

2. ABSENT ON COUNCIL BUSINESS:

Nil

3. APOLOGIES:

Nil

4. CONDOLENCES:

Nil

5. CONFIRMATION OF MINUTES:

5.1 ORDINARY MEETING MINUTES 4 SEPTEMBER 2013

THAT the Minutes of the Ordinary Meeting held on 4 September 2013 be confirmed.

Moved Cr Gilbert Seconded Cr Bonaventura

CARRIED


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6. BUSINESS ARISING OUT OF MINUTES OF PREVIOUS MEETING:

Nil

7. MAYORAL MINUTES:

Nil

8. CORRESPONDENCE AND OFFICERS’ REPORTS:

8.1 MATERIAL CHANGE OF USE - FOUR (4) MULTIPLE DWELLING UNITS - SANDSKY DEVELOPMENT - 30 DUSTWILL STREET, EIMEO (DA-2012-460)

Application Number: DA-2012-460

Date Received: 21 December 2012

Action Officer: Helle Jorgensen Smith

Applicant’s Details: Sandsky Development C/-McLynskey Planners Pty Ltd PO Box 257 WEST BURLEIGH QLD 4219

Proposal: Material Change of Use - Multiple Dwelling Units (4)

Site Address: 30 Dustwill Street, Eimeo

Property Description: Lot 30 on SP163582

Owner’s Details: Susan J Ferguson

Area: 1,332 m2

Planning Scheme: Mackay Planning Scheme (including Amendments up to 19 December 2011)

Planning Scheme Designations: Locality: Precinct: Zone:

Mackay Frame McCreadys Creek Urban Residential

Assessment Level: Impact


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Submissions: One (1) Properly Made Submission

Referral Agencies: Nil

Attachments: Attachment A: Attachment B: Attachment C:

Locality Plan Site Plan Proposal Plans

Recommendation: Approved Subject to Conditions

ASSESSMENT OF APPLICATION Purpose The Material Change of Use application is for four (4) Multiple Dwelling Units at 30 Dustwill Street, Eimeo (refer to Attachment A - Locality Plan). Proposals for Multiple Dwelling Units in the Urban Residential zone are Impact Assessable. One (1) properly made submission objecting to the proposal was received during the notification period. The submission raised a number of concerns on what were relevant planning matters in which discretion would need to be shown, although in general, most matters are able to be conditioned. The submission also mentioned a number of matters which were incorrectly referenced against the planning scheme or were not a relevant planning matter. The application is recommended for approval. This application was deferred at the ordinary meeting of the 28th August 2013 for more information to be provided. The report has been amended since the last Council report to reflect the additional information requested. In addition, the Plans of Development were amended by the applicant to provide one extra car park but they suggested that this was not a desirable outcome given the loss of landscaping. Subject Site and Surrounds The subject site is located in Eimeo, approximately 12 kilometres north of the Mackay Central Business District. It is irregular in shape and contains an area of 1332 m². The site is unimproved with the exception of fences by adjacent property owners. The site is encumbered by a drainage easement along part of the western boundary. There is also a 150mm dia. sewer main which runs in the drainage easement (refer Attachment B - Site Plan). The site has a fall from the rear toward Dustwill Street at a fairly constant grade of about 4.5%. There is no vegetation on the site apart from grass cover. It is capable of connection to the full range of urban infrastructure. The site has a 5.2 metre frontage to the cul-de-sac head of Dustwill Street, identified as an Access Street according to the Mackay Roads Hierarchy. The site is bound by similarly zoned allotments in all four (4) directions. Furthermore, urban residential zoned allotments dominate the locality. The subject site and surrounding properties were created in November 2003. Old Eimeo Road abuts the southern boundary of the site.


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Proposal The applicant proposes to construct four (4) Multiple Dwelling Units on the subject site (refer to Attachment C - Proposal Plans). All four (4) dwellings will be two (2) stories and comprise of: Two (2) bedrooms each with ensuite; Single lock up garage; Separate toilet on ground floor; Dining, living, kitchen combined; Study nook; Double storey; Living room opening onto alfresco and private garden area; and Storage space in garage.

Each dwelling will have a footprint of 80.44m² and a total gross floor area (GFA) of 129.04m². This equates to a total GFA on site of 516.16m² and site coverage of 24%. The dwellings will have a maximum height of approximately 6.4 metres to the top of the roof. Private open space has been provided for each dwelling as follows: Unit 1: 53m²; Unit 2: 48m²; Unit 3: 78m²; and Unit 4: 131m². The units will be accessed from a 30 metre long driveway on the northern side of the site. Landscaping has been proposed along the driveway as per the landscaping plan contained in the Proposal Plans. As well as four (4) single lock up garages (one per unit), the development proposes an additional five (5) visitor car parking spaces; totalling nine (9) car parking spaces. Eight (8) were originally provided but the Plans of Development were changed to provide more parking on site. The applicant is amenable to this design change but advises that this is not a desirable planning outcome as a result of the loss of landscaping to provide additional parking. PLANNING SCHEME ASSESSMENT Mackay Frame Locality Code Overall Outcomes With the exception of the matter of non-compliance discussed below, the proposal generally complies with the Mackay Frame Locality Code.

2(g) "The density of residential development reflects and complements the existing scale and intensity of the locality and maintains residential amenity by:

i) Retaining a predominantly single detached dwelling character in the urban

Residential Zone; and ii) Limiting higher density residential development to the Higher Density

Residential Zone"


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The density of the proposed development does not complement the existing development intensity throughout the locality which is in general, comprised of a much lower density than is being proposed. However, it is recommended that the addition of one (1) multiple dwelling development will still ensure and retain a 'predominantly' single detached dwelling character in the locality. Furthermore, the proposed development density of 1 dwelling per 333m² is not considered high density development, which is instead, more appropriately defined as 1 dwelling per 200m² or less. Therefore, it is considered that this development should not be limited or restricted to the Higher Density Residential Zone. Note that the proposed development also complies with the locational and density requirements of the Draft Mackay Region Planning Scheme. It is therefore considered that the proposal complies with the Overall Outcomes of the Mackay Frame Locality Code. Furthermore, the subject site has many other development opportunities than the current proposal for multiple dwelling units. For instance, a Reconfiguration of one Lot into four Lots would be entirely Code Assessable. Council would be left with much less (or no) control over the dwellings situated on each individual allotment. Four single detached dwellings have the potential for many more people living on the site than the current proposal. Also, a Dual Occupancy proposal, each containing five bedrooms, with an appropriate design and layout, would be appropriate development for the site. Such a scenario would result in the same amount of bedrooms as the current proposal, and would be Code Assessable, leaving Council with much less control over the development compared with the current proposal. McCreadys Creek Precinct The proposal complies with the Overall Outcomes for the McCreadys Creek Precinct within the Mackay Frame Locality. Urban Residential Zone With the exception of the matter of non-compliance discussed below, the proposal generally complies with the Urban Residential Zone Code within the Mackay Frame Locality.

2(a) "Development in the urban residential zone protects the high level of amenity of the zone and compromises predominately single detached dwellings"

It is recommended that the proposed development's potential impacts on amenity such as overlooking, noise and lighting can all be conditioned to be within acceptable levels. Also, as discussed above, the proposed development will still ensure and retain a 'predominantly' single detached dwelling character in the locality. It is therefore considered that the proposal complies with the Urban Residential Zone Code within the Mackay Frame Locality Code. In addition to the above Locality and Zone Codes, the application has been assessed against the entire Mackay City Planning Scheme, with particular reference to the following, applicable codes:


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Environment and Infrastructure Code; and Multiple Dwellings, Accommodation Units and Dual Occupancy Code. Environment and Infrastructure Code It is considered that the proposal complies with the Environment and Infrastructure Code. With the exception of the matters of non-compliance discussed below, the proposal generally complies with the Multiple Dwellings, Accommodation Units and Dual Occupancy Code. Multiple Dwellings, Accommodation Units and Dual Occupancy Code 1. Land Suitability - P2

S2: "the premises are within 400m walking distance of shops, open space and public transport routes"

The site is not situated within 400m walking distance of shops; however, a condition can be imposed requiring a gate to be provided in the fence abutting Old Eimeo Road, although this is not a preferred outcome, due to security and other reasons. From such a gate to nearest shops is approximately 631m actual on ground walking distance (not vehicle driving) (Mackay Super Clinic) and 1072m actual on ground walking distance (not vehicle driving) to Northern Beaches Central Shopping Centre (or 825m air distance, which is how Mackay City Planning Scheme's "walking distance" is measured). The site is within 400m (air distance, which is how Mackay City Planning Scheme's "walking distance" is measured) of usable open space (Plantation Palm Estate), or approximately 510m on the ground actual walking distance to the Plantation Palm Estate open space area. Should a gate be provided in the fence abutting Old Eimeo Road, the actual on ground walking distance would be approximately 420m to the same open space area. It is not conditioned to provide this gate given the location of the building and private open space arrangements. The site is within 400m of a public transport route, with or without a gate in the fence abutting Old Eimeo Road. The site is approximately 222m on the ground walking distance (not vehicle driving) from the nearest bus route running on Old Eimeo Road. With a gate in the fence, the distance would be a few metres. Furthermore, email from Reagon Forsyth (General Manager of MTC) confirms that Mackay buses offer a "Hail a Bus" system, whereby you do not have to be situated at a bus stop to be able to board a bus. The site is situated approximately 558m from the nearest bus stop at Eimeo State School. Although the site is within 400m walking distance to public transport routes and useable open space; the site is not within 400m walking distance of shops. As discussed above, the site is approximately 825m from Northern Beaches Central shopping centre, which is considered acceptable as a bus route runs along Old Eimeo Road adjacent to the subject site. 2. Land Suitability - P3

P3: "For accommodation Units and Multiple Dwelling Units, the premises have vehicular access from a street other than from an Access Place or Access Street"


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The proposed development has access from an Access Street and therefore, does not comply with the P3 of the Code. Traffic Volumes: Dustwill Street has a 15m wide road reserve and is designed as an Access Street, which is capable of accommodating the traffic associated with up to 75 dwellings. Dustwill Street currently contains 22 dwellings, so it is considered that the street has sufficient capacity for four (4) additional dwellings. Parking: The proposed development has provided nine (9) car parking spaces on site which equates to more than one (1) space per bedroom. This was changed by the applicant when the Council deferred the report on the 28th August 2013. The nine (9) spaces exceeds the requirement under the current Mackay City Planning Scheme by providing an additional car parking space and nine (9) car parking spaces are four (4) more than would be required under the Draft Mackay Regional Planning Scheme. The current Mackay City Planning Scheme acknowledges that there is limited room to park within a cul-de-sac by requiring two (2) car parking spaces per unit when accessed off a cul-de-sac, as opposed to 1.5 car parking spaces per unit when accessed off non-cul-de-sac streets. It has therefore been demonstrated that Dustwill Street can cater for the additional traffic the development will generate and the car parking spaces provided on site is that required by the Planning Scheme. As a result, it is considered that discretion can be exercised on this matter and the non-compliance does not warrant refusal of the application. Please note that the additional parking space shown on the Plan of Development has resulted in loss of landscaping. The Plan of Development attachment does not show the loss of the landscaping when you compare the site plan to the landscaping plan. 3. Site Dimensions and Layout - P1

S1(ii): "The site has a minimum frontage of 20m". The site has a frontage of 5.2 metres. However, other than garbage collection (discussed further below) it has been satisfactorily demonstrated that all access, car parking and other site requirements outlined within the applicable Codes of the Mackay City Planning Scheme can be adequately accommodated on site, without any significant amenity impacts on adjacent properties or traffic implications on Dustwill Street. As a result, it is considered that discretion can be exercised on this matter and the non-compliance does not warrant refusal of the application. Garbage Collection Given the narrow frontage of the property onto the Dustwill Street cul-de-sac head, the traditional kerb side collection of refuse bins is not possible unless the bin are positioned on the verge in front of adjacent properties. While this arrangement is not specifically precluded by the Planning Scheme or other Council Policies, the practice can cause concern for existing residents as they tend to have a feeling of 'ownership' of the verge in front of their properties.


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This would be exacerbated in a situation such as this proposed development where all adjoining properties are developed and the proposed units would begin placing their bins in front of neighbouring properties due the limited frontage of the development site. It is considered that given the layout of the site, the collection of the refuse bins from within the site is a better solution and less likely to create concern with existing residents. It is proposed to condition any approval to provide a concrete pad adjacent the driveway (close to the proposed passing bay) for the storage of refuse bins on collection day. The wheelie bins would be stored adjacent each unit on all other days. This arrangement will require the refuse collection vehicle to travel up the driveway to the storage area, collect the bins and then reverse out into the street after collection is completed. The developer will need to construct the proposed driveway to a standard so than the weight of the refuse vehicle able to be accommodated and sign a 'pavement indemnity form' to ensure that collection contractors are not liable for any damage caused by heavy vehicles entering the property. Mackay Waste Services confirms that the proposal above is an acceptable option with respect to the garbage truck reversing out of the driveway post servicing, and that placement of bins kerbside would not be an option. 4. Building Setback - P1

S1: "Table 9-15.2

Residential Building

Carport/ Garage

Access Place/Street

4.5m 6.0m

Collector 4.5m 6.0m Sub-Arterial 10.0m 10.0m Arterial 10.0m 10.0m

Old Eimeo Road is classified as a Collector Road and therefore proposed unit 3 requires a minimum setback to Old Eimeo Road of 4.5m. The setback of the proposed patio for unit 3 is setback at 1.556m, and is therefore not compliant. The proposed patio is an open structure and the setback discretion only applies to the corner of the proposed patio. Furthermore, Old Eimeo Road has a wide road reserve (approximately 13m of grassed/landscaped area between the subject site's boundary and the actual bitumen road). Moreover, landscaping has been proposed between the proposed patio and Old Eimeo Road and it is noted that the eight (8) allotments to the east of the subject property all contain sheds located within the nominated 4.5m setback. It is considered that given the existence of these structures, the proposed development will not create any undue impacts to Old Eimeo Road. As a result, it is considered that discretion can be exercised on this matter and the non-compliance does not warrant refusal of the application. 5. Communal and Private Open Space - P1

P1: "For dwelling units, communal open space and any associated facilities are provided, unless otherwise specified in the relevant Locality Code, to suit:


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(i) The overall residential density; (ii) The type of activity; (iii) Maintenance requirements; (iv) The privacy of nearby dwelling units; and (v) Informal surveillance and security needs".

No Communal Open Space (COS) has been provided for the development. However, due to the large amount of private open space that has been provided for each dwelling, it is recommended that COS is not required. It is considered unreasonable and unnecessary to provide COS for such a small development. This fact is reinforced through the Draft Mackay Region Planning Scheme which only requires COS for developments comprising fifteen (15) or more dwellings. As a result, it is considered that discretion can be exercised on this matter and the non-compliance does not warrant refusal of the application. It is therefore considered that the proposal complies with the Multiple Dwellings, Accommodation Units and Dual Occupancy Code. DRAFT MACKAY REGION PLANNING SCHEME ASSESSMENT Under the Draft Mackay Region Planning Scheme, the proposal would be Code Assessable and there are no relevant overlays applicable to the site. The application would be assessed against the following Codes: Low Density Residential Zone Code; Multiple Dwelling Activities Code; and General Development Requirements Code. Note, as the application would not be Impact Assessable under the draft scheme, no assessment against the strategic framework is required to be undertaken. With the exception of the matter of non-compliance discussed below, the proposal generally complies with the intent of the Low Density Residential Zone Code. Low Density Residential Zone Code 1. Uses - P01

"The zone predominantly accommodates low density residential development such as dwelling houses"

It is considered that discretion can be exercised on this matter as this performance outcome is in conflict with P02 of the Code which permits multiple dwellings, such as is proposed, within the zone as long as they are located in an appropriate location.

P02 states: "Low medium density residential developments, such as multiple dwelling activities, are located in close proximity to either: a) multi-purpose centre or other key activity node such as the Base Hospital or Mater

Hospital; or b) existing centre activity or community activity; or


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c) a public transport route or useable open space"

Note that close proximity is not defined within the Draft Mackay Region Planning Scheme. However, as the site is located within walking distance to a current bus route on Old Eimeo Road, within 400m of open space, and within 800m of a shopping centre, it is considered that the site meets the requirements of the Code as being suitable for multiple dwellings. 2. P06 Built form and development intensity

"A06.1 Minimum road frontage setbacks are:

(b) from collector streets - 6 metres Old Eimeo Road is classified as a Collector Road and therefore proposed unit 3 requires a minimum setback to Old Eimeo Road of 6m under the Draft Scheme. As discussed above in Point 4, the setback of the proposed patio for unit 3 is setback at 1.556m, and is therefore not compliant. The proposed patio is an open structure and the setback discretion only applies to the corner of the proposed patio. Furthermore, Old Eimeo Road has a wide road reserve, and approximately 13m of grassed/landscaped area between the subject site's boundary and the actual bitumen road. Moreover, landscaping has been proposed between the proposed patio and Old Eimeo Road. As a result, it is considered that discretion can be exercised on this matter and the non-compliance does not warrant refusal of the application. It is therefore considered that the proposal complies with the Low Density Residential Zone Code. Multiple Dwelling Activities Code With the exception of the matter of non-compliance discussed below, the proposal generally complies with the Multiple Dwelling Activities Code. 1. Minimum Site Area and Frontage Widths

"The area and frontage width of the site is consistent with the minimum area and frontage requirements set out in table 9.3.12.3.B" - being 15m in the Low Density Residential Zone

The site does not comply with this acceptable outcome, although does comply with the Performance Outcome of the code which states: "The site is able to efficiently accommodate multiple dwelling activities while also maintaining a high level of amenity for the site and adjoining sites". Also, as discussed above in point No. 3 of the Multiple Dwellings, Accommodation Units and Dual Occupancy Code, the site is large enough to accommodate all necessary requirements outlined within the applicable Code such as landscaping, private open space, car parking, etc. As a result, it is considered that discretion can be exercised on this matter and the non-compliance does not warrant refusal of the application. 2. Summary of Multiple Dwelling Activity Code


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The proposal would be able to be conditioned to comply with all of the setback, site cover, overlooking, design requirements etc. outlined within the Code. It is therefore considered that the proposal complies with the Multiple Dwelling Activity Code. General Development Requirements Code The proposal can be conditioned to comply with the requirements of the General Development Code. It is therefore considered that the proposal complies with the Code. Car Parking As discussed above, the Draft Scheme requires five (5) car parking spaces for the proposed development. The proposal includes nine (9) car parking spaces, a surplus of four (4) car parking spaces. DEVELOPER CONTRIBUTIONS Contributions for the development are generated based on the development of four 2 bedroom units, with a credit for the vacant lot or one 3 bedroom dwelling. An Adopted Infrastructure Charges Notice will be issued with the Decision Notice in accordance with the Adopted Infrastructure Charges Resolution. INFRASTRUCTURE CONSIDERATIONS The proposed development can be connected to all necessary urban infrastructure, which will be conditioned as part of any approval. REFERRAL AGENCIES There were no referral agencies triggered for this application. SUBMISSIONS The application was publicly notified in accordance with the requirements of the Sustainable Planning Act (2009), and as a result of this process, one (1) individually prepared, properly made written submission was received, expressing opposition to the proposal. The principle concerns raised within the submission are summarised and discussed below.

1. Impact on Property Values Submitter's comment: We purchased our home with the knowledge and understanding that we were living in an estate of high quality, majority owner occupied homes. We paid a high price for our home with this understanding. It was a deliberate move to ensure that we were not living in an area with multiple dwelling units, or numerous rental properties. We believe that being next to multiple dwelling units will significantly decrease the value of our home, and make it difficult to sell, if we chose to leave the area. Applicant's response:


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This issue is raised regularly by submitters when multiple dwellings are proposed. The applicant does not consider there is evidence to substantiate this assertion and in any case this is not an issue that is relevant in a Town Planning assessment of the proposal. Officer's comments: There is no evidence to support this fact and in addition, it is not a relevant planning ground. Council's assessment of the application must be undertaken only against the relevant Codes in the Planning Scheme. This matter raised by the submitter is not a planning ground for consideration. 2. Car Parking Submitter's comment: We also have concerns about the physical space of our cul de sac to accommodate parking associated with multiple dwelling units. We have experienced difficulties at times at being able to get out of our driveway due to the lack of space for parking. We do not believe that the end of a cul de sac such as ours is an appropriate place to house multiple dwelling units. Applicant's response: As you are aware the proposal plans were significantly amended to respond to issues raised in the information request one of which was the provision of adequate onsite car parking. Each unit will have two car spaces and this complies with the Schedule 2 Vehicle Parking, Access and Manoeuvring Standards where 2 spaces are required per unit when the site is accessed from a cul-de-sac. Officer's comments: It has already been addressed that the nine (9) car parking spaces to be provided on the site are sufficient enough to meet the anticipated requirements of the development and as a result, it is unlikely there will be any significant negative impacts on Dustwill Street in terms of congestion. Moreover, the current Mackay City Planning Scheme acknowledges that there is limited room to park within the cul-de-sac by requiring two (2) car parking spaces per unit when accessed off a cul-de-sac, as opposed to 1.5 car parking spaces per unit when accessed off non-cul-de-sac streets. It is considered that more than sufficient parking has been provided for the provided development. The applicant amended the Plans of Development to increase the number of car parks from eight (8) to nine (9) as a result of the deferral of the Council report on the 28th August 2013. 3. Traffic Submitter's comment: Furthermore, we have concerns regarding the traffic that 4 units will bring to our quiet cul de sac. There are numerous children in our street who are often on their bikes and scooters and skateboards in the street. 4 units will bring 4 times more traffic than a single home and this is of great concern in terms of traffic and noise.


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Applicant's response: Using Councils traffic generation rates contained in the superseded Transport Network Contributions Policy, a single detached dwelling generates approximately 6.5 vehicle trips per day whereas a multiple dwelling unit generates approximately five vehicle trips per day. The proposal is for four units therefore the expectation is that 20 vehicle trips per day can be expected which is an increase of 13.5 vehicle trips per day. This trip generation should be averaged over a normal 12 hour day and the additional traffic per hour will be 1.1 vehicle. We note that there are no vacant lots in Dustwill Street therefore it is fair to say that apart from the proposed development no additional traffic generation is likely in this street. Therefore an additional 13.5 vehicle trips or 1.1 vehicle trips per hour is considered low and unlikely to impact on the safety of other residents in the street. Officer's comments: As per the applicant's response and in accordance with the traffic generation rates outlined within Council's superseded Transport Network Contributions Policy, a single detached dwelling generates approximately 6.5 vehicle trips per day and a multiple dwelling unit generates approximately five (5) vehicle trips per day. Therefore, the proposed development, with a total of four (4) multiple dwellings, would generate approximately 20 vehicle trips per day. This equates to the proposed development generating an approximate, additional 13.5 vehicle trips per day over and above that which would be expected on the site if a single detached dwelling was constructed. These additional 13.5 vehicle trips per day generated by the proposed development average out over the course of a twelve (12) hour day to an extra 1.1 trips per hour, over and above that of a single detached dwelling. It is considered that the number of additional trips generated by the proposed development is not sufficient enough to cause any negative amenity impacts or heighten safety concerns over and above that which would have occurred if a single detached dwelling was constructed on the site. Further, the design of an 'access street' is considered appropriate to handle to traffic movements of up to 75 dwellings before a wider or higher order road is considered necessary. Dustwill Street currently contains 22 dwellings, so it is considered that the street has sufficient capacity for four (4) additional dwellings. 4. Refuse Collection Submitter's comment: There are other practical concerns also with housing 4 units, which will need to be considered, such as bin space. The entry to 30 Dustwill Street is very narrow and will not accommodate bins on collection day. Every second week it will need to accommodate 8 bins, which is going to be impossible in the space provided. Applicant's response: Given the access to this allotment it is reasonable to say that garbage bins associated with a


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single detached dwelling would have limited space along the kerb. This aerial is very useful as it shows the garbage bins kerbside for collection. Whereas the space will be tight there will be enough room on either side of the proposed driveway to store the bins. It should be kept in mind that the verge is Council property not the adjacent land owners. Storage of bins kerbside in the verge cannot be restricted by a land owner. It should also be kept in perspective that the bins will only be kerbside one day in a week and only during collection times. Officer's comments: As per the applicant's response, the verge is council owned property and theoretically Council could allow the residents of the proposed units to store their bins wherever they can find room around the cul-de-sac head. However, it is considered that this approach is not appropriate in this situation and it is proposed to condition that the collection of refuse occurs within the property. It will be conditioned in any approval that the developer construct a concreted area large enough to store eight (8) refuge bins adjacent to the driveway within the site (close to the proposed passing bay). The Council collection vehicle will be required to drive into the site to empty the bins and then reverse out of the site. It is considered that these conditions will address the concerns of the submitter in relation to storage of bins for collection. It is not considered that this issue is sufficient to warrant refusal of the application.

Submissions Summary The majority of the points raised by the submitters are valid concerns, which many people would feel and experience if in the submitter's situation. However, as it has been demonstrated throughout the report thus far, all of the points raised by the submitter: Will be within acceptable levels and only marginally worse than if a single detached

dwelling house was constructed on the lot (traffic and car parking); Can be conditioned to ensure any possible impact on existing residents is minimised

(refuse collection); Can be conditioned to comply with the Planning Scheme and Draft Mackay Region

Planning Scheme; or Are not relevant planning grounds (Impact on Property Values). As a result, it is recommended that the points raised by the submitters do not form sufficient enough grounds to warrant refusal of the application. RESOURCES IMPLICATIONS There are no resource implications for Council as a result of this recommendation. CONSULTATION External When Council deferred the report on the 28 August 2013, the applicant was advised of Council concerns. They amended the Plans of Development to increase the number of car parks from


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eight (8) to nine (9) at the expense of landscaping. They have done this to address Council concerns but do not think it is a good planning outcome. Internal The application was discussed with representatives from various Departments at the Development Assessment Review Team (DART) meeting on 15 January 2013, where it was acknowledged that an Information Request needed to be issued regarding car parking and stormwater discharge. The application was brought back to DART on 5 March 2013 for discussion of a Draft Response from Applicant to the Information Request. The draft response was considered adequate; however, stormwater and vehicle movements still had to be demonstrated. The application was brought back to DART on 16 July, as one submission was received, where it was directed a Council report was required and that application is supported. The application was discussed with Water & Waste Services to determine the most appropriate refuse collection arrangements given the location of the site on a cul-de-sac and with a narrow road frontage. CONCLUSION The proposed development has been assessed in accordance with s314 of the Sustainable Planning Act (2009) and should be approved for the following reasons: The proposal generally complies with the Mackay City Planning Scheme and where it

does not, there is suitable justification to exercise discretion, or appropriate conditions are able to be applied to minimise the impacts of any areas of non-compliance to within acceptable levels;

The proposal is generally consistent with the Draft Mackay Region Planning Scheme; It has been demonstrated that the site is suitable for the proposal and located in a suitable

location for multiple dwelling units; It has been demonstrated that the proposal will have minimal negative impacts on traffic

and therefore, have a negligible impact on the amenity of adjacent residents within Dustwill Street;

The points raised by the submitters do not warrant refusal of the application; and Since the Council deferred the report on the 28 August 2013, the applicant has provided

an additional car park to address Council concerns. This means that the landscaping plan has been compromised to achieve this intent.

Officer Recommendation

A. THAT Council approve the application for a Material Change of Use - Multiple Dwelling Units (4) at 30 Dustwill Street, Eimeo, more formally described as Lot 30 on SP163582, subject to the following conditions:

1. Plan of Development

The approved Multiple Dwelling Units (4) must be completed and maintained generally in accordance with the Plan of Development (identified in the Table below) and supporting documentation which forms part of this application, except as otherwise specified by any condition of this approval.


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Job Number

Drawing Title

Revision Prepared by Date

2882/3653 Site Plan C Sandsky Developments

30/08/2013

2882/3653 Building 1 Lower Floor Plan

A Sandsky Developments

23/04/2013

2882/3653 Building 2 Lower Floor Plan


23/04/2013

2882/3653 Building 1 Front and Right Elevations


23/04/2013

2882/3653 Building 1 Rear and Left Elevations


23/04/2013

2882/3653 Lower Floor Plan


23/04/2013

2882/3653 Upper Floor Plan


23/04/2013

2882/3653 Front and Right Elevations


23/04/2013

2882/3653 Rear and Left Elevations


23/04/2013

File No. MLP2820

Detailed Landscaping Plan Sheet 1

B McLynskey Planners

May 2013

File No. MLP2820

Detailed Landscaping Plan Sheet 2


May 2013

File No. MLP2820

Planting Schedule


May 2013

File No. MLP2820

Soft Landscape Specifications


May 2013

2. Amended Plans Required

Prior to the lodgement of Operational Works application, the approved plans of development must be amended to comply with the following matters: a) The eastern facing windows in Bed 1 of Units 1 & 2 must use opaque glass or

be provided with screening to prevent overlooking into the dwelling located to the east of the site.

b) The eastern and western facing windows of Bedroom 1 and the Study nook in Units 3 and 4 must use opaque glass or be provided with screening to prevent overlooking into the adjoining properties.

c) Amendments in accordance with Condition 15 relating to refuse collection.

3. Compliance with Conditions


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All conditions must be complied with prior to the occupancy of the building for the approved use, unless specified in an individual condition.

4. Maintenance of Development

Maintain the approved development (including landscaping, carparking, driveways and other external spaces) in accordance with the approved drawing(s) and/or documents, and any relevant Council engineering or other approval required by the conditions.

5. Conflict between plans and written conditions

Where a discrepancy or conflict exists between the written condition(s) of the approval and the approved plans, the requirements of the written condition(s) will prevail.

6. Minimum Car Parking Spaces

The car parking area must be constructed, sealed, line marked and drained for a minimum of nine (9) car parking spaces in accordance with the approved plan and maintained thereafter. The car parking is to be designed in accordance with Australian Standard AS- NZS2890.1 – 2004 and AS-NZS2890.6 – 2009.

7. Protection of Landscape Areas from Carparking

The landscaped areas adjoining the car parking area must be protected from vehicles by a 125mm high vertical concrete kerb or similar obstruction.

8. Vehicle Manoeuvring

All car parking spaces must be designed to allow all vehicles to drive forwards both when entering and leaving the property.

9. Use of Carparking areas

The areas set aside for parking, vehicle manoeuvring and loading and unloading, must not be used for the storage or placement of goods or materials.

10. Completion of Landscaping

All of the landscaping works shown on the approved plan must be completed before the development is occupied.

11. Visual Screen Fence

If a similar fence is not already in existence, a visual screen fence between the site and adjoining properties / side and rear boundaries must be constructed. The screen fence must be a minimum height of 1.8 metres. Furthermore, the fence


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must be tapered to a height of 1.2 metres within 6 metres of the front alignment. The total cost of this fencing to be met by the Developer.

12. Waste Storage Area

The waste storage area for each unit must be provided in the location shown on the approved plan and must comply with the following: Contain an impervious surface. Contain sufficient storage space for the storage of 240 litre refuse and

recycling bins for each unit. The location and design of the waste storage area must be located so as not to cause a nuisance to neighbouring properties and accordance with the relevant provisions of the Environmental Protection Act and Regulations.

13. No Nuisance to adjoining properties

All service equipment, lighting, and air-conditioning units shall be located so as not to cause a nuisance to neighbouring properties.

14. Outdoor Storage

The outdoor storage of any equipment or material and any service area shall be aesthetically screened so as not to be visible from either Dustwill Street or Old Eimeo Road.

15. Refuse Collection

The collection of refuse bins from this development must be undertaken from within the property boundaries. A concreted area must be constructed within the driveway handle (close to the 'passing bay') to accommodate eight (8) refuse bins. The plan of development is to be amended to detail the location of the storage area. Storage of bins in this collection area is to be only undertaken the night before collection of the bins is to occur, with the normal storage of the bins to occur in the location detailed in the Landscaping Plan, adjacent to each unit. The refuse collection vehicle will be required to drive into the site to empty the bins and reverse out of the site after collection is completed. The developer is to enter into an agreement with a Council certified waste collection contractor for the collection of bins from this development. This agreement must include the method for collecting both waste and recycling bins. The developer will be required to sign a 'pavement indemnity form' to ensure collection contractors are not liable for damage caused by heavy vehicles entering the property. Further, the driveway is to be designed and constructed to accommodate the weight of the refuse collection vehicle nominated by Council.

16. Invert Crossing

An invert crossing for access to Dustwill Street must be constructed in accordance with Council’s Standard Drawing A3-773.


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17. Damage

Any damage which is caused to Council’s infrastructure as a result of the proposed development must be repaired immediately.

18. Compliance with Council Standards All design and construction for the development must be in accordance with Council’s Policies, Engineering Design Guidelines, Standard drawings and standard construction specifications.

19. Electricity and Telecommunications Services

The approved development must be provided with electricity and telecommunications infrastructure.

20. Stormwater Drainage

Downstream drainage to a lawful and practical point of discharge, which has been nominated as Dustwill Street. Stormwater from the site (including roofwater) shall be collected within the property boundaries and discharged via an underground system to Council’s stormwater system. All connections to the kerb are to be made using a galvanised steel kerb adaptor or approved equivalent. Ponding of stormwater resulting from the development must not occur on adjacent sites and stormwater formerly flowing onto the site must not be diverted onto other sites. The site shall be graded so that it is free draining.

21. On-Site Detention

The on-site detention system must comply with the design as shown in the Stormwater quantity Management Plan prepared by Westera Partners on 27 May 2013.

22. Sewerage Connection

The proposed development must connect to the existing reticulated sewer provided to the subject site.

23. Water Connection

The development must be provided with a minimum 63mm diameter water service.

24. Live Connections

Council's Water and Waste Services Department is to carry out all water connection and live sewer work at the developers expense.


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25. Water Metering

Separate water meters must be provided for each dwelling.

B. THAT the applicant be provided with following Assessment Manager Advice:

1. Local Laws

The approved development must also comply with Council’s current Local Laws under the Local Government Act 2009.

2. Hours of Work

It is the applicant/owner’s responsibility to ensure compliance with Section 440R of the Environmental Protection Act 1994, which prohibits any construction, building and earthworks activities likely to cause audible noise (including the entry and departure of heavy vehicles) between the hours of 6:30pm and 6:30am from Monday to Saturday and at all times on Sundays or Public Holidays.

3. Dust Control

It is the applicant/owner’s responsibility to ensure compliance with Section 319 General Environmental Duty of the Environmental Protection Act 1994, which prohibits unlawful environmental nuisance caused by dust, ash, fumes, light, odour or smoke beyond the boundaries of the property during all stages of the development including earthworks and construction.

4. Sedimentation Control

It is the applicant/owner’s responsibility to ensure compliance with Chapter 8, Part 3C of the Environmental Protection Act 1994 to prevent soil erosion and contamination of the stormwater drainage system and waterways.

5. Noise during Construction and Noise in General

It is the applicant/owner’s responsibility to ensure compliance with Chapter 8, Part 3B of the Environmental Protection Act 1994.

6. General Safety of Public during Construction

It is the principal contractor’s responsibility to ensure compliance with Section 19 (2) Work Health and Safety Act 2011. Section 19 (2) states that a person conducting a business or undertaking must ensure that the health and safety of other persons is not put at risk from work carried out as part of the conduct of the business or undertaking. It is the responsibility of the person in control of the workplace to ensure compliance with Section 20 (2) of the Work Health and Safety Act 2011.


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Sections 20 (2) states that the person in control of the workplace is obliged to ensure that the means of entering and exiting the workplace and anything arising from the workplace are without risks to the health and safety of any person.

7. Contaminated Land

It is strictly the applicant/owner’s responsibility to source information regarding contaminated land from the Department of Environment and Heritage Protection, Contaminated Land Section as Council has not conducted detailed studies and does not hold detailed information pertaining to contaminated land.

8. Adopted Infrastructure Charges Notice

Pursuant to the Sustainable Planning Act 2009 and the State Planning Regulatory Provision (adopted charges) an Adopted Infrastructure Charges Notice relates to this Development Permit, and accompanies this notice. Prior to making payment please contact Mackay Regional Council, Development Services, Business Support Unit to establish if any Development Incentive Policies apply to the development at the time of the payment will be made.

Council Resolution

THAT the Officer's Recommendation be adopted. Moved Cr Perkins Seconded Cr Bonanno

CARRIED Crs Morgan, Bonaventura and Steindl recorded their vote against the Motion.

8.2 BIODIVERSITY MONITORING AND RESEARCH EUNGELLA PROJECT

Author Executive Officer Sustainability and Collaboration

Purpose

To update Council on the Biodiversity Monitoring and Research Eungella Project and confirm future involvement in conjunction with Griffith University.

Background/Discussion

The rainforests of the Eungella region are truly special. This is the largest area of rainforest between the Wet Tropics to the North and the subtropical forests of the Queensland/NSW Border Ranges to the south. Eungella forests stretch from about 200m above sea level to well over a 1000m on peaks such as Mt Dalrymple. Eungella has long been thought of as special by


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biologists, geologists and naturalists; with high levels of species found nowhere else on Earth. These local 'specials' even stretch to the birds, lizards and frogs, but of the animals, it is the insects which dominate this and every other rainforest landscape. Well over 30 species of insects and their relatives are described as unique to Eungella yet little has been done in terms of discovering just what occurs there and how unique it might be. Climates change by about one and half degrees for every 200m in height gained above the sea. Therefore, by studying the biology of a continuous stretch of forest that spans more than 800m it is possible to gain an idea of how the ecological community has adapted to different but adjacent climates. This allows identification of which species are unique to particular climates and, by doing so, which ones need monitoring as climates change. In March 2013 the first stage of the Biodiversity monitoring and research Eungella project was completed by Griffith University. This involved initial research along the altitudinal transect at Eungella. Twenty (20) reference sites were established, (5 sites at 400 metres, 5 at 600 metres, 5 at 800 metres and 5 at 1000 metres). Professor Kitching and his team comprised of the Professor, Dr Aki Nakamura, Louise Ashton (now Dr Louise Ashton), Erica Odell and overseas visitor Dr Tomo Yoshida. The project involved vegetation surveys and insect collections. At each plot the team established 20 metres x 20 metres botanical reference plots. All trees greater than 5 centimetres at 1.2 metres were tagged and measured. Each tree being identified by specialist Botanists and marked. Insect Collections - methods used: Canopy Trap; Malaise Trap; Leaf Lithe Extraction; Bar spraying; Hand collecting; The Professor acknowledged that what was achieved in March, within the very tight schedule, was exceptional due mostly to the large number of volunteers assisting in the project. There were significant community volunteers from the Mackay Bush Walking Club, Mackay Conservation Group, Birds Australia, and Society for Growing Australian Plants. Professor Kitching gave an updated briefing to full Council on 5 June 2013, including plans for a further expanded study. This included - Expanding the scope and period. A spring survey planned in November 2013 and then

another in March 2014; and A larger survey - including more specialists, more targets and more sites.

The further expanded study will involve the following -

In November 2013 a team of six(6) scientists will survey 20 rainforest sites with five(5) replicate sites at each of four elevations (400m, 600m, 800m, 1000m asl). This work will complement the earlier pilot survey carried out in March 2013.


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Designated 20 x 20m vegetation reference plots will be established at each site and all woody plants with dbh >5cm labelled, identified and measured. A full list of vascular plants from each location will also be compiled and a herbarium reference collection established. Basic invertebrate surveys will be carried out at each site using standard methods - Multivariate and univariate statistical analyses will be carried out to determine if elevationally-driven patterns occur and which species and environmental factors drive these patterns (if they exist). There is growing international interest in the ways in which bio-diversity changes with elevation. This is being driven by global concern with future climate change. The Eungella results form part of a series of micro rainforest prosects from Queensland which are regarded as model datasets by the international scientific community.

Although not specifically part of the proposed project, the work will establish a base to be able to be used for a future survey of bird species if required (i.e. including the rare Eungella Honeyeater). In this regard Professor Kitching is discussing options with fellow Scientists for bird survey techniques. Council's Natural Environment Advisory Committee (NEAC) considered the matter at its meeting on 11th June 2013 and resolved -

Recommendation: that 'in principle' support be given to providing funding support for the Eungella research project if required.

Minutes of this NEAC committee were adopted by Council on 3rd July 2013, including an extra resolution as below reinforcing support for the project -

AND THAT Council note the 'in principle' support of the Committee for the provision of funding for the Eungella research project if required.

Council also received the minutes of the Sustainable Futures Advisory Committee of 1st July 2013(along with a separate attached report on the project) at its meeting of 11th July 2013. At the time of adopting these minutes, Council also further endorsed the project via the specific resolution of -

AND THAT Council acknowledge support for this Biodiversity, Monitoring and Research Eungella Project.

The Sub-committee met on 2nd September 2013 with Professor Kitching, and Bridget Chenoweth (funding liaison) of Griffith University. The meeting centred around the future planned November stage of the project, as well as budgets and funding. There was overall support for the project as detailed.

Consultation and Communication

Council reports (3rd July 2013, and 11th July 2013) Council briefing - 5th June 2013


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Council's Sustainable Futures Advisory Committee Griffith University Council's sub-committee established to consider the project - being Cr Theresa Morgan, Cr Dave Perkins, Director Engineering Services, Director Corporate Services, Natural Environment Coordinator, Botanic Gardens Curator, Project Director Regional Sustainability and Engagement, Executive Officer Sustainability and Collaboration, Manager Parks, and Executive Officer Performance and Strategy). Subject to confirmation of the project details, further consultation will be held with Corporate Communications, the Eungella Community Working Group, and an Information Evening held for interested volunteers groups such as the Mackay Bush Walking Club, Mackay Conservation Group, Birds Australia, and Society for Growing Australian Plants. Botanic Gardens Curator is liaising with recognised Botanical experts for their assistance.

Resource Implications

In considering support for the project, the financial budget proposed at the time was $26,640 for a minimum exercise, and $104,960 for the major project, including international Scientist involvement. The revised project budget is -

ITEM FIXED

COSTS1) COSTS ASSOCIATED WITH FIELD TRIP 12

COSTS ASSOCIATED WITH FIELD TRIP 23

TOTALS

Research Assistant plus on-costs (50% appointment)

8,491 11,321 11,321 $31,133

Equipment 8,800 - - $8,800Disposables - 1,000 1,000 $2,000Soil Analyses 1,500 - - $1,500Field Costs Vehicle (GU) ex Brisbane

- 3,600 3,600 $7,200

Vehicle (Rental) ex Mackay

- 2,000 2,000 $4,000

Air fares (BNE-MCY)

800 2,000 2,000 $4,800

Accommodation (2 cabins)

- 7,200 7,200 $14,400

Board (6 persons x$30 per diem per trip)

- 5,400 5,400 $10,800

Visiting Scientists 2 @ $5000 per field trip

- 10,000 10,000 $20,000


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ITEM FIXED COSTS1)



TOTALS

Contingency (10%) 1,959 4,252 4,252 $10,463TOTALS $21,550 $46,773 $46,773 $115,096

The NEAC budget has an allocation of $100,000 for Bio-diversity projects, and it is proposed to allocate this money for 2013/14 for the Eungella project. The extra identified $15,000 it is proposed to allocate from the existing Sustainability budget area, including unspent 2012/13 carry-over monies. These figures are 'worst case', and allow a contingency. There is still the possibility of funding assistance external to both Council and Griffith University being achieved. Both the University and Council have leads in this regard which will be fully explored. These budget figures assume a good take-up of volunteer labour for base level work for the project (as was achieved for the pilot project in March). As well, it has been identified that there will need to be some dedicated resource allocation within Council for a period of up to two (2) months (i.e. 1 month in November and another in April). This aimed mostly at co-ordination of volunteers, and liaison with associated groups. Due to area of interest it is proposed to second an existing staff member from within the Natural Environment area. If backfilling of this position is required there has been identified budget saving from the currently vacant Sustainability Officer area.

Risk Management Implications

Budget over-run (although any Agreement between the University and Council will identify the agreed figure as a maximum contribution). The project relies on volunteer assistance with base level work. Whilst a risk, there is evidence of good support for the project from the March 2013 trial.

Conclusion

This project will enable Council, over time, to monitor and understand the impacts of climate change at Eungella, which is considered a high profile important area by biologists, geologists and naturalists. As previously mentioned, Eungella has long been thought of as special. Where this exercise has been undertaken previously unknown species of flora and insects etc has been discovered. This project represents by far the largest survey effort ever invested in the biodiversity of this very special place. This exercise will be an international exercise which will put Eungella on the map in relation to world climate change studies. This is a very unique climate change study and will set Mackay apart from many Australian Councils with the uniqueness of the project. It also has some community buy-in through various interested Community groups.


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Reinforcing the importance of such a project is the CSIRO publication, "Our Future World - Global Megatrends That Will Change The Way We Live (2012 Revision)". Within this they detail some critical points in relation to bio-diversity and habitat fragmentation. The pertinent areas cited being:-

Bio-diversity decline - there are indications that the three main components of bio-diversity, being genes, species and eco-systems, are all showing signs of decline.

No signs of slowing - the rate of bio-diversity loss is showing no sign of showing. Habitat fragmentation - extensive fragmentation and degradation of habitats continues

to be a leading cause of bio-diversity loss and diminished ecosystems. Professor Kitching has also put forward a suggestion of a publication which would support the Eungella Project. He has found very little written research on Eungella. The publication could cover:

Birds, mammals, insects; I-Lora and vegetation; Geology and soils; Climate; Indigenous history and culture; Colonial history; Eungella now;

Obviously this would be a separate and major exercise which would span a couple of years from start to finished product, although potential associated costs are relatively low compared with the ultimate product.

Officer's Recommendation

THAT Council approve the Biodiversity, Monitoring and Research Eungella Project in conjunction with Griffith University to be undertaken in November 2013 and April 2014. FURTHER THAT the Project be funded as follows (subject to possible extra income from external funding sources) - * $100,000 - Natural Environment Fund (Bio-diversity) * $15,000 - Sustainability Budget * Internal Co-ordination Resource - Undertaken by Natural Environment staff, and

funded from Sustainability Officer Budget area if required

Council Resolution

THAT the Officer's Recommendation be adopted. Moved Cr Morgan Seconded Cr Perkins

CARRIED


MIN/11.09.2013 FOLIO 29568

8.3 ATTENDANCE AT TOUR OF WASTE FACILITIES

Author Director Water & Waste Services

Purpose

This report is to request approval for Cr Bonaventura to fly to Canberra via Brisbane to investigate various waste facilities with the Director Water & Waste Services and the Manager Waste Services on Monday, 23 September 2013 and returning on the evening of Tuesday, 24 September 2013.


This trip will afford opportunities to investigate new business opportunities, network with industry members and tour existing waste facilities. The timing of the visit aligns with the current draft Waste Management Strategy being out for consultation with the community and also the review of the suite of major contracts that are due for renewal in late 2014 and early 2015.


This trip was discussed by the Chief Executive Office and the Director Water & Waste Services.


Costs are catered for in the current budget.


NIL

Conclusion

It is proposed that Cr Bonaventura accompany the Director Water & Waste Services and the Manager Waste Services to Canberra via Brisbane on Monday, 23 September 2013 to investigate various waste facilities returning on the evening of Tuesday, 24 September 2013.


THAT Cr Laurence Bonaventura, Portfolio Councillor for Waste, Health and Regulatory be nominated to attend the tour of various waste facilities in Canberra via Brisbane on Monday, 23 September 2013 returning on the evening of Tuesday, 24 September 2013.


MIN/11.09.2013 FOLIO 29569

Council Resolution

THAT the Officer's Recommendation be adopted. Moved Cr Casey Seconded Cr Martin

CARRIED

8.4 RESCISSION OF COUNCIL POLICY - COLLECTION DEVELOPMENT POLICY

File No Council Policies Author Manager Community Programs

Purpose

To rescind the Collection Development Council Policy for Library Services as this Policy is no longer required.


Mackay Regional Council on the 15 July, 2009 adopted a Collection Development Policy for Library Services. As part of the Council Policy Review the Collection Development Policy was highlighted for review. There are many changes, including the purchase and use of digital resources, within the library environment which are currently occurring. As a result many libraries are changing their Collection Development Policies to Internal Operating Guidelines to allow more flexibility in amending the document to meet these changes over the next 3-5 years as library services evolve. The review has now been undertaken and with the changes in the library service area, it is recommended that this policy is no longer required and that it was more suited as an Internal Operating Guideline. The Internal Operating Guideline has been prepared and is currently with the Senior Leadership & Performance Team for approval, pending Council’s agreement to rescind the current Collection Development Policy.


Director Community & Client Services; Manager Community Programs Library Staff Governance


MIN/11.09.2013 FOLIO 29570


Project has been conducted by the Library staff and there have been no financial implications associated with this review.


There are no apparent risks in moving from a Council Policy to an internal operating guideline to manage Council’s collection development and the change should allow the service to be more responsive to changing community needs and wants.

Conclusion

The most appropriate course of action at this time is for Council to rescind the Collection Development Policy adopted on the 15 July, 2009 as it is no longer required due to the implementation of an Internal Operating Guideline.


THAT the Council Policy “Collection Development Policy” adopted 15 July, 2009 be rescinded.

Council Resolution

THAT the Officer's Recommendation be adopted. Moved Cr Jones Seconded Cr Casey

CARRIED

9. CONSIDERATION OF COMMITTEE REPORTS:

Nil

10. RECEIPT OF PETITIONS:

Nil


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11. TENDERS:

11.1 MRC 2013-084 PREFERRED SUPPLIER ARRANGEMENTS FOR THE SUPPLY AND DELIVERY OF BAGGED COLD MIX ASPHALT

Author Manager Procurement and Plant

Purpose

To present to Mackay Regional Council (Council) for approval tenders received for MRC 2013-084 Preferred Supplier Arrangements for the Supply and Delivery of Bagged Cold Mix Asphalt in accordance with Section 233 of the Local Government Regulation 2012.


Preferred Supplier Arrangements have proven to be a cost-effective means of purchasing while meeting required statutory obligations. Council has not previously utilised the benefits of a Preferred Supplier Arrangement for the supply and delivery of bagged cold mix asphalt, with the product currently being purchased via the sourcing of quotes. The proposed commencement date for this contract is the 9th September 2013, for a twenty-four (24) month with the option of a twelve (12) month extension period and the availability for rise and fall after each twelve (12) month period. Tenders were invited on the 5th May 2013, via Council's website and advertised locally in the Daily Mercury seeking submission from suitable suppliers for the supply and delivery of bagged cold mix asphalt. The following responses were received by the closing date of Tuesday 10.00am Tuesday 18th June 2013: Downer Australia Location Woolloongabba Coates Hire Operations Pty Ltd Location - Meadowbrook Fulton Hogan Industries Pty Ltd Location - Farleigh HJD Ind T/As Jaybro Civil and Safety Location - Acacia Ridge Northern Brick Co. Pty Ltd Location - Cairns SAMI Bitumen Technologies Pty Ltd Location - Port of Brisbane An initial compliance check was conducted on the 25th June 2013 to identify submissions that were non-conforming with the immediate requirements of the RFT. This included compliance with contractual requirements and provision of requested information. All submissions were progressed through to the qualitative criteria assessment on the basis that all terms and conditions and mandatory requirements of the RFT had been met. The qualitative criteria assessment was carried out by the Evaluation Panel on the 3rd July 2013, with the Evaluation Panel scoring the tenders according to the evaluation matrix.


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All applicants were assessed against the qualitative selection criteria. Specific criteria were weighted according to their importance as perceived and agreed by the Evaluation Panel. Relative weightings were published within the RFT. The weighting attributed to each qualitative criteria was: Value for money - 90% Local Content - 10% Council’s maintenance program primarily uses DG14 bagged cold mix asphalt (DG14) for the repairs of roads within the Mackay Region. DG10 bagged cold mix asphalt (DG10) is used for maintenance of designated locations such as footpath corrections or small depressions. Council’s requirement for the use of DG10 is minimal in comparison to the estimated usage of DG14. Following the evaluation meeting of 3rd July 2013, Tender Information Requests (TIR) were issued to Coates Hire Operations Pty Ltd and HJD Ind T/As Jaybro Civil and Safety requesting copies of test results detailing grading and residual bitumen.

The Evaluation Panel conducted a second meeting on the 6th August to finalise the evaluation which included reviewing the responses received from the TIR’s issued. In reviewing all information received, the evaluation panel considered: Value for money Cost efficiencies gained in purchasing both products from one supplier The ability to supply a quality product and The impact of product availability and delivery times during periods of inclement

weather were considered. The unit rate received from Northern Brick Co. Pty Ltd for DG14 was the most cost effective unit rate received, although the rate received for DG10 was marginally higher than of the cheapest supplier. At the end of the evaluation process, Northern Brick Co. Pty Ltd was ranked as the preferred Tenderer based on their demonstrated value for money for the overall supply of both products and their ability to supply a quality product in a timely manner.


Council's maintenance program requested the provision of a Preferred Supplier Arrangement for the Supply and Delivery of Bagged Cold Mix Asphalt to assist in the timely delivery of the maintenance programs. Personnel from Council’s maintenance program were requested to provide input and specific requirements which were then detailed in the tender documentation. The evaluation of the tender was conducted by: Maintenance Engineer - Civil Operations


MIN/11.09.2013 FOLIO 29573

Central Area Maintenance Coordinator - Civil Operations Quality Systems Coordinator - Engineering Services Contracts Coordinator - Procurement and Plant


The total value of the contract MRC 2013-084 Preferred Supplier Arrangements for the Supply and Delivery of Bagged Cold Mix Asphalt, if awarded as recommended, is approximately $154,061.60 (Excl GST) for the twenty-four (24) month period based on the estimated annual usage.


The recommended respondents are required to provide all relevant insurances and compliances prior to the executing of their contract. The conditions of contract provide sufficient remedies to Council based on the risk profile of the goods being provided.

Conclusion

It is recommended that MRC 2013-084 Preferred Supplier Arrangements for the Supply and Delivery of Bagged Cold Mix Asphalt for a twenty-four (24) month period with the option of a twelve (12) month extension, together with the availability for the provision of rise and fall after each twelve (12) month period, be awarded to Northern Brick Co. Pty Ltd as their submission represents value for money to Council.


THAT MRC 2013-084 Preferred Supplier Arrangements for the Supply and Delivery of Bagged Cold Mix Asphalt for a twenty-four (24) month period with the option of a twelve (12) month extension, together with the availability for the provision of rise and fall after each twelve (12) month period, be awarded to Northern Brick Co. Pty Ltd.

Council Resolution

THAT the Officer's Recommendation be adopted. Moved Cr Walker Seconded Cr Casey

CARRIED


MIN/11.09.2013 FOLIO 29574

11.2 MRC 2013-082 MILLENIUM DRIVE TO PLACE AVENUE, SARINA SEWER RISING MAIN

File No MRC 2013-082 Millenium Drive to Place Avenue, Sarina Sewer Rising Main Author Manager Infrastructure Delivery

Purpose

To present for approval, tenders submitted for MRC 2013-082 Millenium Drive to Place Avenue, Sarina Sewer Rising Main


A new sewer rising main (SRM) from Millenium Drive to Sarina Beach Road is a condition of development for Stage 4 of the Pacific Parks sub-division, Sarina. The continuation of this SRM from Sarina Beach Road to connect to an existing SRM in Place Avenue from the Place Avenue Sewage Pump Station (SPS) is Mackay Water Services' (MWS) responsibility. As an interim measure, sewage from Stages 1-3 of Pacific Parks currently discharges to the Place Avenue SPS catchment (via Cemetery Road SPS). The Place Avenue SPS is under pressure from general growth in the area, as well as from Pacific Parks Stages 1-3, resulting in system overflows in wet weather. The Millenium Drive SRM will divert the Pacific Parks development sewage flows from the Place Avenue SPS catchment and therefore reduce wet weather overflows. While it was intended for this SRM to be constructed by the Pacific Parks developer during Stage 4, the works need to be brought forward to mitigate the incidence of system overflows.

To bring this work forward, an "In Principle" agreement has been reached with the developer (Pacific Property Developments Pty Ltd) based on:

MWS is to complete the design and construction of this SRM;

The developer will contribute to the cost of the delivery of the Infrastructure, with the cost split based on a proportional split of the total length of the constructed infrastructure as follows:

o Pacific Property Developments Pty Ltd - section from Millenium Drive to Sarina Beach Road;

o MWS - section from Sarina Beach Road to connection to Place Avenue SRM. A draft Infrastructure Agreement ('Millennium Drive Sewer Rising Main Infrastructure Agreement 2013') has been prepared detailing the above cost sharing arrangements and has been issued to Pacific Property Developments Pty Ltd for consideration and signature. Council commissioned the detailed design and issued an invitation for Tenders to construct a new DN 150 oPVC SRM with an approximate length of 570 metres, as a link between the two existing rising mains in Millenium Drive and Place Avenue. The Tender invitation was issued on 13 April 2013, via Council’s website and advertised locally in The Daily Mercury.


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The following submissions were received by the closing date of 14 May 2013:

G & MA Lemura Pty Ltd Roebuck Civil Pty Ltd Shamrock Civil Engineering Pty Ltd

An initial compliance check was conducted by the Evaluation Panel on 21 May 2013 to identify submissions that were non-conforming with the immediate requirements of the RFT. This included compliance with contractual requirements and provision of requested information. During the evaluation, tenderers were assessed against the nominated qualitative criteria.

The weighting attributed to each qualitative criteria was:

a) Relevant Experience [25%] b) Key personnel skills and resources [25%] c) Tenderers' Resources [20%] d) Demonstrated Understanding [20%] e) Local Content [10%]

The total lump sum fixed price tenders are listed below, excluding GST:

G & MA Lemura Pty Ltd $237,376.74 Roebuck Civil Pty Ltd $379,208.49 Shamrock Civil Engineering Pty Ltd $378,556.00


The evaluation of the tenders was conducted by:

Senior Engineer – Infrastructure Delivery Project Engineer – Infrastructure Delivery Contracts Officer – Procurement and Plant


The funding for these works is in the WWS Sewer Capital Budget 2013/2014 - SRM (Millenium Drive to Place Avenue) Sarina. The lowest conforming tender is within the project budget provision. A portion of the cost of the works, including design costs incurred by MWS in 2012/2013, will be refunded by Pacific Property Developments Pty Ltd to MWS as detailed in 'Millennium Drive Sewer Rising Main Infrastructure Agreement 2013'.

Description Amount Notes

Contract Price $237,376.74 G & MA Lemura Pty Ltd Tender PriceProvisions $35,000 Approx 15% of Contract PriceProject Management $20,000 Estimate on Internal CostsEstimated Cost of Project

$292,376.74


MIN/11.09.2013 FOLIO 29576

Description Amount Notes BUDGET Budget for 2013/2014 $300,000.00 BALANCE $7,623.26


The Millenium Drive SRM is a condition of development for Stage 4 of the Pacific Parks development in Sarina. In the interim, sewage from Stages 1-3 of the development is being directed to the Place Avenue SPS catchment. The Place Avenue SPS is under pressure from general growth in the area, as well as from Pacific Parks Stages 1-3, resulting in system overflows in wet weather. The Millenium Drive SRM will divert the Pacific Parks development sewage flows from the Place Avenue SPS catchment, and therefore mitigate the risk of wet weather overflows. While it was intended for this SRM to be constructed by the Pacific Parks developer during Stage 4, the works need to be brought forward to mitigate the incidence of system overflows. An Infrastructure Agreement has been prepared (currently awaiting signature from Pacific Property Developments Pty Ltd), detailing the cost sharing arrangement for the works.

Conclusion

That awarding the contract on the successful signing of the Infrastructure Agreement with Pacific Property Developments Pty Ltd to G & MA Lemura Pty Ltd represents the most advantageous outcome to Mackay Regional Council based on their ability to perform the works requested within the specified timeframe and demonstrated value for money.


THAT the lump sum fixed price sum tendered by G & MA Lemura Pty Ltd of $237,376.74 (excluding GST) be accepted, on the successful signing of the Infrastructure Agreement with Pacific Property Developments Pty Ltd, for the provision of MRC 2013-082 Millenium Drive to Place Avenue, Sarina Sewer Rising Main.

Council Resolution

THAT the Officer's Recommendation be adopted. Moved Cr Gilbert Seconded Cr Martin

CARRIED

12. CONSIDERATION OF NOTIFIED MOTIONS

Nil


MIN/11.09.2013 FOLIO 29577

13. LATE BUSINESS:

13.1 LEAVE OF ABSENCE - CR BONAVENTURA

THAT Cr Bonaventura be granted leave of absence for the Meeting on 2 October 2013.

Moved Cr Bonanno Seconded Cr Jones

CARRIED

13.2 LEAVE OF ABSENCE - CR MARTIN

THAT Cr Martin be granted leave of absence for the Meetings on 25 September and 2 October 2013.

Moved Cr Walker Seconded Cr Morgan

CARRIED

13.3 2013 MACKAY BASKETBALL PRESENTATION NIGHT

Cr Steindl advised that the Mackay Meteors and Meteorettes attended their 2013 Awards Presentation night at Harrup Park Country Club on Thursday 5 September 2013 and the Mackay Meteorettes were back to back winners of the State Basketball Competition.

13.4 2013 BLUEWATER ECOFEST

Cr Bonanno advised that Mackay Regional Council is combining the River 2 Reef and the Ecomackay Expo and creating a new festival the Bluewater Ecofest. The new festival will occur along the Bluewater Trail from Canelands to Bluewater Quay. This year, the Bluewater Ecofest will be one jam packed day of excitement from Bluewater Quay to Caneland Central along the Bluewater Trail. The day includes The Pelican Push, River Raft Race, Duck Race, Ecofest Displays and Demonstrations, Displays on the River, The Great Seafood Barbecue Burn Off, Riverside Market Trail, fantastic food and great entertainment for all the family.

14. PUBLIC PARTICIPATION:

Nil


MIN/11.09.2013 FOLIO 29578

15. CONFIDENTIAL REPORTS:

Nil

16. MEETING CLOSURE

The meeting closed at 10.21 am

17. FOR INFORMATION ONLY

17.1 DEVELOPMENT APPLICATION INFORMATION - 19.08.13 TO 25.08.13

For Council Information Only - No Decision Required. Development Applications Received

App no Code /

Impact Address Applicant Description Officer

CAC-2011-142

17 English Street, SOUTH MACKAY

RPS Group (Mackay) Pty Ltd

Request for Plans to be Considered 'Generally in Accordance with' - Dual Occupancy and 1 High Density Residential Lot into 2 Lots

Helle Jorgensen Smith

CON-2013-197

7 Macartney Drive, BELMUNDA

Kawana Building Approvals

Building Work - Boundary Setback for Dwelling House

Andrea McPherson

CON-2013-198

6 Katey Crescent, MIRANI

Rockhampton Building Approvals

Boundary Setback for Residential Storage Shed

Kathryn Goodman

CON-2013-199

10 Katey Crescent, MIRANI

Rockhampton Building Approvals

Building Work - Boundary Setback for Residential Storage Shed

Darryl Bibay

CON-2013-200

45 Place Avenue, SARINA

Totalspan Mackay Building Work - Boundary Setback for Residential Storage Shed

Andrea McPherson

CON-2013-201

19 Sadlier Street, WALKERSTON

GMA Certification Group Pty Ltd - Mackay

Building Work - Boundary Setback for Dwelling House

Andrea McPherson

CON-2013-202

22 Tamron Drive, MOUNT PLEASANT

Palmview Homes Building Works - Rear and Side Boundary Setback Variation for Residential Storage Shed.

Josephine McCann

MCUC-2011-261

Code 40-42 Caterpillar Drive, PAGET

Hastings Deering (Australia) Ltd

Request to Change Conditions of Approval - General Industry, Warehouse & Outdoor Sales Premises

Brogan Jones

MCUC-2013-303

Code 24 Morehead Drive, RURAL VIEW

Ian J Berkett and Amy L Berkett

Residential Storage Shed Andrea McPherson

MCUC-2013-306

Code 23827 Peak Downs Highway, ETON

Kilby Contracting Pty Ltd

Home-Based Business - (Office) Kathryn Goodman

MCUC-2013-309

Code 103 Kellys Road, WALKERSTON

Judy A Elliott Residential Storage Shed Darryl Bibay

MCUC-2013-310

Code 68A Ian Wood Drive, DOLPHIN HEADS

Peter J Sticklan and Patricia Sticklan

Bed and Breakfast (4 rooms) & Home-based Business (2 Rooms)

Josephine McCann

MCUCD-2008-700

Code 2 Mangrove Road, MACKAY

Lend Lease Real Estate Investments Limited

Request to Change Development Approval - Extension to Shopping Centre

Shane Kleve

MCUI-2013-294

Impact L 1 Tindaridge Court, HAY POINT

Sandsky Developments

Dual Occupancy Helle Jorgensen


MIN/11.09.2013 FOLIO 29579

App no Code / Impact

Address Applicant Description Officer

Smith

ROLC-2013-302

Code 149 Barcoo Road, NINDAROO

David W Wright and Raeleen A Wright

Boundary Realignment - 2 Rural Lots into 2 Lots

Josephine McCann

ROLC-2013-307

Code 549 Rise & Shine Road, CALEN

Martin C Vella and Dianne M Vella

Boundary Realignment 2 Rural Lots into 2 Lots

Darryl Bibay

ROLC-2013-308

Code 254 Kowari Road, FINCH HATTON

Laurence P Seymour

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

Brogan Jones

Development Applications Entering Decision Making Period

App Number

Code / Impact

Address Applicant Description Officer

CA-2009-319C

232 Victoria Street MACKAY

Cardno HRP Request to Change Development Approval and Extension of Relevant Period - Material Change of Use and Operational Works - Car Park Extension and Modification to Existing Catering Shop (Fast Food Restaurant)

Josephine McCann

MCUC-2012-233A

Code 96 Maggiolo Drive PAGET

David J Deguara and Joy E Deguara

Request fo change development approval (change of plan of development) - Stage 1 (Car Repair Workshop including ERA 21) and Stage 2 (General Industry and Warehouse)

Brogan Jones

MCUC-2013-222

Code 6 Swallow Street SLADE POINT

Ricky A Jones and Alison N Jones

Dwelling House (Flood and Inundation Overlay Code)

Josephine McCann

MCUC-2013-223

Code 151 Maggiolo Drive PAGET

NQ WATER PTY LTD

General Industry & Caretakers Residence Brogan Jones

MCUC-2013-298

Code 0 Beaconsfield Road East ANDERGROVE


Dual Occupancy Andrea McPherson

MCUC-2013-48

Code 30 Halifax Place RURAL VIEW


Dual Occupancy Kathryn Goodman

MCUCD-2005-199C

49 Rosewood Drive RURAL VIEW

Plantation Palms Properties Pty Ltd

Request to Change Development Approval - Material Change of Use - Preliminary Approval for Locality Concepty Plan No. 3 AND Material Change of Use - Preliminary Approval for Site Development Plan (Residential Subdivision) AND Reconfiguration of a Lot - Creation of 292 Urban Residential Lots plus 2 Parkland Lots plus a Community Facilities Lot in compliance with the provisions of the Eulbertie Park Plan of Development as approved by Council (MCI-2000-30) issued 17 December, 2003 - Plantation Palms Estate Stage 2

Julie Brook

Development Applications Finalised

App No Code /

Impact Location Applicant Description Officer

Application Withdrawn CAI-ASPA-2010/374

Impact L 195 Peak Downs Highway RACECOURSE QLD 4740

Racecourse Holdings Pty Ltd

Preliminary Approval (s242-SPA) for Material Change of Use and Reconfiguration of a Lot - 5 Rural Lots into 40 Industrial (High Impact) Lots and 2 Drainage Lots

Julie Brook

Approved Subject to Conditions


MIN/11.09.2013 FOLIO 29580

App No Code / Impact

Location Applicant Description Officer

CON-ASPA-2013/169

12 Kemp Street BUCASIA QLD 4750

Altec Patio Builders & Designers

Building Work - Boundary Setback for Carport

Andrea McPherson

CON-ASPA-2013/185

151 Glendaragh Road FARLEIGH QLD 4741

Andrew Schembri Building Work - Boundary Setback for Dwelling House

Andrea McPherson

MCUC-ASPA-2013/176

Code 219 Anzac AvenueMARIAN QLD 4753

Woolworths Ltd Service Station Kathryn Goodman

MCUC-ASPA-2013/266

Code 25 Reef Drive SARINA QLD 4737


Dual Occupancy Helle Jorgensen Smith

MCUC-ASPA-2013/39

Code 366-386 Milton Street PAGET QLD 4740

Charles Camilleri and June C Camilleri

General Industry (Storage of Cars, Storage of Containers and Demountable Fabrication)

Matthew Ingram

MCUI-ASPA-2013/41

Impact Sporting Fields and Change Rooms 93 Kippen Street SOUTH MACKAY QLD 4740

Bruce McDiarmid Motel (80 Rooms plus Manager's Residence)

Julie Brook

ROLC-ASPA-2013/161

Code 4 McKellar Street MIDGE POINT QLD 4799

Stephen R Hampel

1 Rural Residential Lot into 2 Lots Darryl Bibay

Application Lapsed MCUC-ASPA-2013/228

Code 23827 Peak Downs Highway ETON QLD 4741

Kilby Contracting Pty Ltd

Home Based Business (Mobile Mechanical Workshop and Associated Activities)

Kathryn Goodman

Negotiated Decision MCUI-ASPA-2012/427

Impact 16 Stayts Road MARIAN QLD 4753

Peter Town Homes

Multiple Dwelling Units (4) submitted - Preliminary Approval only granted for (3) units.

Darryl Bibay

ROLI-ASPA-2013/12

Impact L 14 Cliftonville Road SARINA QLD 4737

Ian C Brady and Linda M Brady

1 Split Zone into 3 Rural Res Lots & 1 Rural Lot.

Josephine McCann

Confirmed on Wednesday 18 September 2013

………………………………………

MAYOR


MIN/11.09.2013 FOLIO 29581

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