final minutes - mackay council · final minutes wednesday 9 december 2009 min/09.12.2009 folio 9159...

FINAL MINUTES

9 December 2009

FINAL MINUTES WEDNESDAY 9 DECEMBER 2009

MIN/09.12.2009 FOLIO 9159

Table of Contents

Folio Date Particulars 9160 09.12.09 Ordinary Meeting 9215 09.12.09 Appendix A - General Delegation to Chief Executive Officer 9216 09.12.09 Appendix B - Fees and Charges Declaration of Material Personal Interest

Nil


MIN/09.12.2009 FOLIO 9160

ORDINARY MEETING MINUTES

1. ATTENDANCE:

His Worship the Mayor, Cr C Meng (Chairperson), Crs G R Christensen, D T Comerford, P F Steindl, D R Hatfield, D E Camilleri, W A Cameron, G R Thomsen, K J Casey and K L May were in attendance at the commencement of the meeting. Also present was Mr P Franks (Chief Executive Officer) and Ms D Jeffery (Minute Secretary).

The meeting commenced at 10:08am.

2. ABSENT ON COUNCIL BUSINESS:

Cr D Perkins.

3. APOLOGIES:

Nil.

4. CONDOLENCES:

Nil

5. CONFIRMATION OF MINUTES:

5.1 ORDINARY MEETING MINUTES - 2 DECEMBER 2009

THAT the Minutes of the Ordinary Meeting held on 2 December 2009 be confirmed.

Moved Cr Casey Seconded Cr Comerford

CARRIED

6. BUSINESS ARISING OUT OF MINUTES OF PREVIOUS MEETING:

Nil

7. MAYORAL MINUTES:

Nil.


MIN/09.12.2009 FOLIO 9161

8. CORRESPONDENCE AND OFFICERS’ REPORTS:

8.1 DEVELOPMENT SERVICES HIGHLIGHTS & SIGNIFICANT ISSUES REPORT - MONTH ENDED 30 NOVEMBER 2009

Author DIRECTOR DEVELOPMENT SERVICES

Purpose

To review Development Services Department highlights and significant issues for the month ended 30 November 2009.

Background and Discussion

Highlights and Significant Issues for period are as follows: - Development Assessment - Planning

Applications Received

Description November

2009

Actual November

2009

Average KPI's since July 2008 Target

Development Applications Received 31 - 47 - Material Change of Use - Code 16 - 28 - Material Change of Use - Impact 8 - 7 - Reconfiguration of a Lot - Less than 6 6 - 9 - Reconfiguration of a Lot - More than 6 1 - 1 - Combined Applications - - 2 - Average Acknowledgement Notice Period 6 days

89% in 10 days

86% in 10 days

85% in 10 days

Average Information Request Period 5 days

100% in 10 days

73% in 10 days

85% in 10 days

MCU and ROL requiring an information request 3 9% 31%

No more than 40%

Number of Concurrence Applications Received 15 - 6 - Notices of Appeal 0 - 1 - Form 2 Requests (Change of Approval, Change of Conditions & Extension of Currency Period) ** 4

75% in 30 days

71% in 30 day

85% in 30 days


MIN/09.12.2009 FOLIO 9162

**One application was decided in 35 days, however, this was awaiting on the consultant providing an amended plan. On receipt it was decided in 2 days. Applications Decided - Code


2009

Actual November

2009

Average KPI's

since July 2008 Target

Number of current MCU and ROL applications (at end of month) 90 - 140 - Number of applications in Decision Making Period (at end of month) 26 - 44 - Number of applications Decided 27 - 41 - Average Number of days in Decision Making Period 34 days

89% in 40 days

86% in 40 days

85% in 40 days

Average number of days to Decide Application (lodgement to decision) 67 days

89% in 80 days

80% in 80 days

85% in 80 days

Applications Decided - Impact


2009

Actual November

2009

Average KPI's


Number of current MCU and ROL applications (at end of month) 60 - 81 - Number of applications in Decision Making Period (at end of month) 23 - 29 - Number of applications Decided 7 - 8 - Average Number of days in Decision Making Period 40 days

71% in 40 days

52% in 40 days

50% in 40 days

Average number of days to Decide Application (lodgement to decision) 95 days

86% in 230 days

73% in 230 days

85% in 230 days

Negotiated Decisions


2009

Actual November

2009

Average KPI's


MCU and ROL with a negotiated decision request 8 17% 17%

No more than 20%

Negotiated Decision Making Period 58 days 40% in 20

days ** 51% in 20

days 85% in 20

days **Of the 5 Negotiated Decision Notices, 3 went over 20 days. One was 29 days, however, 2 were much longer (92 and 149 days). These were both multiple dwelling units developments


MIN/09.12.2009 FOLIO 9163

that involved extensive negotiations to arrive at an agreed set of conditions. One of these was a report to Council (Meridan at 44 Victoria Street, Mackay). Concurrence Agency Responses


2009

Actual November

2009

Average KPI's


Concurrency Agency Response

15 applications responded

100% in 10 days

91% in 10 days

85% in 10 days

Development Assessment - Engineering


2009

Actual November

2009

Average KPI's


Operational Works Number of current applications 56 - 49 - Applications received 14 - 11 - Average acknowledgement notice period Nil days

% in 10 days

51% in10 days

85% in 10 days

Average information request period 3 days 100% in 10

days 87% in 10

days 85% in 10

days OW requiring an information request 6 43% 38%

No more then 50%

Applications finalised 3 - 11 - Average days for Decision Making Period 11 days

100% in 40 days

90% in 40 days

85% in 40 days

Average days from Lodged to Decided 24 days

100% in 80 days

71% in 80 days

85% in 80 days

Survey Plans Applications received 11 - 17 -

Average days lodgement to signing 55 days 67% in 15

days 53% in 15

days 85% in 15

days Applications finalised 9 - 18 - Number of lots sealed 40 - 100 -

Minor Works Applications received 103 71 - Applications finalised 83 73 - Average days from lodged to decided 2 days

100% in 10 days

65% in 10 days

85% in 10 days

Development Assessment - Planning

Town Planning Certificates


MIN/09.12.2009 FOLIO 9164

Type November

2009

Actual November

2009

Average KPI's since July 2008 Target

Limited

10 applications

decided 100% in 5

days 100% in 5

days 85% in 5

days

Standard

1 application

decided - 56% in 10

days 85% in 10

days

Full - - - 85% in 30

days

Duty Planner Enquiries

Enquiries Number Face to Face appointments (Mackay, Mirani and Sarina) 35 Email and Fax 175

Compliance Section Status of Compliance Activities:


2009 November

2008 Comparison

Average per Month since

July 2008 Requests for action Received for the month 39 32 44 Requests for action Finalised for the month 42 70 50 Show Cause Notices issued 13 5 Enforcement Notices issued 0 1 Local Laws Notices issued 0 0 Cases Requiring on-going Intervention 38 91 90

34 Cases currently at ‘Legal Action Commenced’ phase, of which 30 are intending to lodge MCU applications or engagement of Private Certifier and are pending that result. New Development Compliance Officer (Steve Gatt) commences on 14th December. He brings with him experience in the same role from Gold Coast City Council. Successfully resolved Enforcement Notice issued to owner of property at Freshwater Point regarding a re-site house. House secured to a satisfactory state and negotiated timeframe for further action.


MIN/09.12.2009 FOLIO 9165

Governance Development

Description November 2009

November 2008

Comparison

Average per Month since

July 2008 Private Certified Applications received (Building applications lodged by certifiers)

284 258 231

Value of Building Works $35,627,754 $69,550,436 $38,442.561 Detached Dwellings 83 53 66 Attached Dwellings 23 43 16 Building Application Audits (Audits of building files by Building Surveyor & Plumbing Inspector)

13 22 10

Building Records Searches A database search of approved structures on properties)

53 54 47

Health and Regulatory Services

Health – General Inspections (Complaint Based)

Type

November 2009

November 2008

Average per Month since July

2008 Dust 2 - 2 Illegal Camping 3 3 2 Malodours - - - Mosquito 2 - 3 Noise 1 2 15 Smoke 1 4 3

Local Laws Complaints

Category

November 2009

November 2009


2008

Average Days to Finalise

Complaint October

2009


Complaint since July

2008 Abandoned Vehicles 12 19 28 10 12 Dogs Barking 30 22 33 29 21 Dogs Aggressive 37 44 40 11 10 Dogs Straying 69 75 110 5 9 Dogs Excessive numbers/unregistered 2 6 7 18

20


MIN/09.12.2009 FOLIO 9166

Category

November 2009

November 2009


2008


Complaint October

2009


Complaint since July

2008 Parking Issues 1 1 5 3 18 Livestock/Poultry/Birds 20 25 26 16 8 Untidy and Overgrown 17 25 53 26 14 Miscellaneous 10 7 12 9 23

Parking

Description

November 2009

November 2008

Average per

Month since July

2008

% Unpaid Over 90

Days since July 2008

Number of Infringements 597 596 671 26% Number of Appeals 63 48 60 Machine Faults Received 36 32 42

Dog Registrations

Registrations Number

Total Registrations at beginning of month 12,992 New Registrations for this Month 108

1. Environmental Health 1.1 Inspections Licensed Premises

Premises Type Routine

Work Inspection

Complaint Inspections

Caravan Parks 3 - Flammable Liquids 9 1 Food 92 6 Accommodation 1 - Swimming Pools 2 4 Vendors 1 - Outdoor Events - -


MIN/09.12.2009 FOLIO 9167

Premises Type Routine Work

Inspection

Complaint Inspections

Temporary Foods - -

1.2 Licensed Premises Annual Registered Inspections

Premises Premises Inspected this month

Premises Inspected

since February

2009

Total No. of Licensed Premises

Caravan Parks 3 41 22 Flammable Liquids 10 49 140 Food 98 569 554 Footpath Dining - 10 15 Accommodation 1 91 67 Swimming Pools 6 73 73 Vendors 1 41 12 Skin Penetration - 15 7

2. Environmental Protection 2.1 Environmentally Relevant Activity Registrations

Categories Enquiries Inspections Complaints Chemical Storage 2 1 0 Abrasive Blasting 5 1 3 Boiler Making or Engineering 8 - 0 Metal Forming - - 0 Metal Recovery - - 0 Motor Vehicle Workshop 13 2 0 Surface Coating - 1 0 Wood Product Manufacturing - 1 0


MIN/09.12.2009 FOLIO 9168

2.2 Registered Premises

Premises Premises Inspected this month

Premises Inspected

since February

2009

Total No. of Licensed Premises

Poultry Farming - - 1 Asphalt Manufacturing - - 1 Chemical Storage 1 17 63 Plastic Product Manufacturing - 6 6 Abrasive Blasting 1 13 15 Boiler Making or Engineering - 73 110 Metal Forming - 6 12 Metal Recovery - 3 8 Motor Vehicle Workshop 2 143 202 Printing - - 7 Surface Coating 1 19 17 Concrete Batching - 3 12 Wooden Product Manufacturing 1 8 29 Boat Maintenance/Repair - - 6

3. Vector Control

Sites Inspected Sites Treated Hectares Treated

130 66 1470 ha

4. Pest Management 4.1 Declared Weeds

Plants: Enquiries Inspection Parthenium Weed 11 11 Gaint Rats Tail Grass 4 4 Lantana 2 2 Singapore Daisy 1 - Salvinia 1 1 Other Plant - 3


MIN/09.12.2009 FOLIO 9169

4.2 Declared Animals

Animals Enquiries Traps Dingo/Wild Dog 21 2 Feral Pig 7 0 Other Animal - -

Strategic Planning

Waterways & Open Space

PROJECT PROGRESS PLANNED ACTIVITIES

1.1 Stormwater Studies

Bakers Creek Stockroute Road East Stormwater Trunk Infrastructure Study

– Report received. – Report to Council to accept

the Report. (November)

– No further progress.

Kellys Road Catchment Stormwater Trunk Infrastructure Study

– Addendum Report to be prepared.

– Costs expected to be updated in Addendum Report. Addendum Report to Council 2010.

McCreadys Creek South Stormwater Trunk Infrastructure Study

– Quotes received from four consultants.

– Appoint to successful consultant in November.

– Consultants report 3-4 months. (Feb/March 2010)

Review of 2006 Mackay Stormwater Quality Management Plan

– Consultants preparing findings from workshop.

– Council briefing held on review and proposed actions going forward (November).

– Peer review required. – Report to Council Feb 2010.

Example Site Based Stormwater Management Plan

– Consultants preparing example site based stormwater management plans for small residential lots and industry lots.

– Continue to develop templates for developers.

– Distribute draft templates for comments (December/ January).

1.2 Flood Studies Goosepond Creek Flood Study

– Consultation on draft flood study underway.

– Information sessions were held on 18 November. 129 People attended.

– Duty planner meetings were

– Comments will be taken to council in Feb 2010 including receipt of final GHD Report and recommendations.


MIN/09.12.2009 FOLIO 9170

PROJECT PROGRESS PLANNED ACTIVITIES held November for residents. 10 People attended.

– Comments closed 30 November 2009

Pioneer River Flood Study

– Awaiting ground level data (Aerial Laser

– Scanning) Email Council on status of Study update following receipt of data.

– Study to recommence following receipt of data which is expected in mid November.

– WRM Brisbane appointed to do the Study.

– Draft report expected June 2010.

1.3 Open Space

Open Space Policy Review

– Internal Stakeholder meeting held late October.

– Issue brief to consultants (in conjunction with open space strategy).

– Workshop with development industry early in the review process to get their input.

1.4 Erosion and Sediment Control

Review best practice guidelines

– Confirm training workshops for ESC.

– Training workshops for ESC to be held 14 & 15 December 2009.

– Review of IECA guidelines undertaken.

– Investigate options for education and compliance on ESC policies and guidelines.

Review policies to incorporate Best Practice Erosion and Sediment Control

– Ongoing.

– Updating Engineering Design Guidelines for ESC.


MIN/09.12.2009 FOLIO 9171

2. Local Area Planning


2.1 Planning Scheme Maintenance

Mackay PS Amendments 3 of 2007: Car Parking provisions

– Awaiting response to 2nd State Interest Review.

– Received some comments from DIP early September.

– Adopt final amendments of proposed amendments to Amendments 3 of 2007.

Mirani PS Amendments 1 of 2007

– Amendments, with modifications adopted (October).

– Gazette adopted amendments (November).

– Amendment process completed.

Mackay PS Amendments 1 of 2009 (priority amendments)

– Council resolved to propose amendments 1 of 2009.

– Documents submitted to DIP for 1st State Interest Review (November).

– Awaiting response from DIP.

2.2 Local Planning Instruments

Farm Forestry

– Pending

Mirani and Marian LAP

– Enquiry by Design Workshop was held (12 and 13 November 2009)

– Received enquires from Developers on outcome of EbD.

– Consultant brief to Council December on Report.

– EbD Report expected in January 2010.

– LAP Report to be developed by Oct 2010.

Sarina LAP – Preparation of EbD workshop commenced.

– Facilitator appointed.

– EbD workshop to be held in 7 & 8 December 2009.

Future growth area - Masterplan (Ooralea)

– No progress. – Brief for consultant being prepared.

– Enquiry by Design Workshop to be held in 2nd quarter of 2010.

Other: Midge Point

– Developer to prepare a draft Local Area Plan.

– Information provided to Consultant.

2.3 SPA Planning Scheme


MIN/09.12.2009 FOLIO 9172


New Planning Scheme

– Awaiting finalisation of Queensland Planning Provisions and progression of Strategic Plan.

– Comments on draft QPP being prepared.

2.4 Heritage Planning

Heritage Information Kit

– Heritage Information Guides being prepared.

– Final layout being organised with Corporate Communications.

– Anticipated printing to be complete by 4 December.

Heritage Advisory Committee

– Ongoing. – Next HAC meeting on 4 December – last meeting for 2009.

3. Regional & Strategic Planning


3.1 WHAM Regional Plan

– Social Infrastructure Audit

– Infrastructure Audit

– APODs – Regional

– APODs – Local – Transport Model – LUPTAI Model

– Met with DIP to discuss process and timeframes.

– Undertake internal workshop for Mackay APODs (December/January).

– Report to Council in 2010 on current status and progress of APODs.

3.2 Mackay Strategic Plan

Strategic Plan – Briefing to Council on the Preliminary Scoping Study & internal consultation used to produce preliminary foundation principles. (4 November 2009)

– Briefing to External Stakeholders to present principles, work required and methodology in 2010.

Residential – Consultant has been – Undertake inception meeting


MIN/09.12.2009 FOLIO 9173


Densities Strategy appointed. with appointed consultant and commence project.

– Release Planning Ahead information on study.

4. PIPs


4.1 Infrastructure Policies

Developer Contributions Policies Mackay Planning Scheme Parks Contribution Policy 16.02 – proposed amendments

– Policy adopted with modifications was adopted.

Awaiting Ministerial approval.

4.2 Indexation Indexation of Contribution Rates

– Publication of the next round of developer contribution charges rates (charging path capping) - November 2009.

– Preparing charging path capping for December 2009.

4.3 PIPs Mackay PIP – Project development plan

developed. – Preparation of 3rd

Submission of Planning Assumptions for the Mackay PIP.

– Briefing to Council on 11 November 2009.

– Ongoing. – Ongoing.

4.4 Transport Planning

Mackay Area Integrated Transport Study (MAITS)

– Meeting with DMR held in November.

– Project ongoing.

Smart Housing Working Group

The Smart Housing working Group met on 19 November 2009, matters discussed included:


MIN/09.12.2009 FOLIO 9174

• Commencement of Sustainable Planning Act (SPA); • The Housing Industry Study Tour; • Time periods for plumbing approvals; • The range of services available at the Development Services Business Centre; • Covenants; • Grey water reuse and water saving devices.

Critical Activities Last Month

• Commencement of the Sustainable Planning Act (SPA) on 18 December 2009. • Sarina Enquiry By Design. • Commencement of the Residential Densities Strategy. (Expect completion mid

2010).

Consultation

There has been consultation with Development Services Program Managers.

Resource Implications

Nil.

Conclusion

Although relatively quite from a Development Assessment point of view, November was a big month from a Strategic Planning view point with workshops on the Gooseponds Flood Study and the Mirani and Marian Local Area Plan. The Mayor gave a presentation to the UDIA on the new vision for Mackay - Mackay 200K. Council was briefed on the foundation principles for our Priority Infrastructure Plans and was also briefed on progress with the Stormwater Quality Management Plan. Council Resolution

Director's Recommendation

THAT the report be received. Council Resolution

THAT the Director's Recommendation be adopted. Moved Cr Hatfield Seconded Cr Cameron

CARRIED


MIN/09.12.2009 FOLIO 9175

8.2 MATERIAL CHANGE OF USE - BULK STORE - GHD PTY LTD - 0 MOUNT BASSETT CEMETERY ROAD, MACKAY HARBOUR (719116-002-DA-2009-312)

Application Number: DA-2009-312

Date Received: 12 August 2009

Applicant’s Details: GHD Pty Ltd PO Box 494 MACKAY QLD 4740

Proposal: Bulk Store

Site Address: Lot 2 Mount Bassett Cemetery Road, Mackay Harbour

Property Description: Lot 2 on RP719116

Owner’s Details: Toilla Pty Ltd

Area: 1.464 Ha

Planning Scheme: Mackay City Planning Scheme (24 April 2009)

Planning Scheme Designations: Locality: Precinct: Zone:

Mackay Frame McCreadys Creek Industry (Low Impact)

Assessment Level: Code Assessable

Submissions: Two (2)

Referral Agencies: Concurrence Agency: Department of Environment & Resource Management (Trigger: Environmental Relevant Activity ERA 50(1)(a) & (b) 3rd Party Advice: Department of Transport & Main Roads (not triggered)

Attachments: Attachment A: Attachment B: Attachment C: Attachment D:

Locality Plan Proposal Plan Referral Agency Response 3rd Party Response

Recommendation: Approved Subject to Conditions

ASSESSMENT OF APPLICATION


MIN/09.12.2009 FOLIO 9176

PURPOSE This application comes before Council following a petition presented to Council on 28 October 2009, and a resolution that Council receive the petition and that the Material Change of Use development application be brought back to a future Council Meeting for determination. The petition addressed concerns including black dust being carried by prevailing winds into neighbouring Crematorium and Harbour City Central Developments. This Material Change of Use application is for a Bulk Store for the storage of magnetite at Lot 2 Mount Bassett Cemetery Road, Mackay Harbour (refer to Attachment A – Locality Plan). The application is Code Assessable, i.e. Industry. The application is recommended for approval mainly due to the proposed use being consistent with the zoning of the subject site. BACKGROUND Two current approvals sit over the subject site including: 1. Decision Notice for Material Change of Use (Development Permit) – New Office

Building (Extension of Existing Use – Storage Shed/Motor Vehicle Workshop), which was approved subject to conditions on 21/04/2005; and

2. Decision Notice for Material Change of Use (Development Permit) – Additional

Storage Shed /Motor Vehicle Workshop, which was approved subject to conditions on 30/08/2001.

The above developments have been completed and are located on the southern side of the allotment. The proposed Bulk Store (magnetite storage) will be located on the northern side of the subject lot. SUBJECT SITE AND SURROUNDS Access to the site is obtained from Mount Bassett Cemetery Road off Harbour Road. Praxis Pty Ltd (Civil Engineering Contractors) currently uses the front part of the site (approximately 7,500m2) as a depot in accordance with the abovementioned approvals. The subject site is zoned Industrial (Low Impact) under the Mackay City Planning Scheme (24 April 2009) in the McCreadys Creek Precinct within the Mackay Frame Locality. The site is constrained by vegetated steep land, which renders approximately 1,000m2 of the site in the northeastern section of the property unusable. To the east and south is Public Purposes zoned land. The site that housed the decommissioned Mackay Sewage Treatment Plant encompasses the southern half of the site along the southern boundary. To the north and west are Industry (Low Impact) zoned land. The Mackay Crematorium borders the site along its northern boundary, and the Crematorium building is approximately 24 metres from the back boundary of the subject site. The ground level of the crematorium is elevated approximately 3 metres above the ground level of the subject site. The Crematorium has no windows or door openings facing the subject site. The lot immediately to the west is


MIN/09.12.2009 FOLIO 9177

vacant and the allotment to the northwest has approval for a Warehouse / Service Industry / General Industry / Car Repair Workshop. This development is currently under construction. PROPOSAL The proposal is to stockpile magnetite on the rear part (northern half) of the site. It is intended for the proposed use to co-locate with the existing use on the site. The area available for the magnetite storage is approximately 6,000m2. The development as described by the application constitutes the following: • Bund wall of maximum 1.5 metres in height; • General hardstand area (existing) on which the magnetite is proposed to be stored; • Vehicle path around the stockpile are so vehicles can enter the area for loading and

unloading; • Material is proposed to be stockpiled to a maximum height of 4 metres (2.6 tonnes of

magnetite is stored per square meter); • A front-end-loader is proposed to be kept in the stockpile area for the loading of

magnetite; • A water truck is proposed to be on site for dust suppression when required; • Maximum size vehicles entering the stockpile area for loading and off-loading

magnetite is proposed to be the equivalent of a B-double; • The intensity of vehicle movement on the site is proposed to be on average three

vehicles per day; • The proposed development may require one permanent employee on site, who will be

able to use the existing facilities on the site. The stockpile area is proposed to be set back approximately 4 to 5 metres from the rear boundary of the site to cater for the movement of vehicles. The distance between the Crematorium building and the proposed stockpile area is separated by approximately 28 – 29 metres. A Bulk Store as defined by the Planning Scheme is “any premises used for the bulk storage of raw or loose materials, where the goods stored are not required for an industrial or commercial use on the premises”. Hence, the proposed development is classified as a Bulk Store. WHAT IS MAGNETITE? Magnetite is a ferrimagnetic mineral, one of several iron oxides with the common chemical name of ferrous-ferric oxide. Magnetite is the most magnetic of all the naturally occurring minerals on Earth. Small grains of magnetite occur in almost all igneous rocks and metamorphic rocks. Magnetite also occurs in many sedimentary rocks, including banded iron formations. Magnetite is also a valuable source of iron ore. Magnetite is sometimes found in large quantities in beach sand all around the world. Magnetite ore accounts for 50% of global iron ore production and it has a lower iron content in comparison to hematite, which is commonly produced in Australia, therefore requiring prior treatment to be suitable for steelmaking. Magnetite has other uses other than iron ore. It is a dense mineral (specific gravity over 5) and so is used as a dense medium when mixed with water in mineral processing, particularly in coal preparation. PLANNING SCHEME ASSESSMENT


MIN/09.12.2009 FOLIO 9178

• Mackay Frame Locality Code The overall outcomes for the Mackay Frame Locality regarding Industrial Land are that industrial land is: a) preserved for industrial uses, in preference to non industrial uses such as retailing

particularly large scale retailing, residential and community uses; b) buffered with landscaped areas of a suitable width, from incompatible activities, such as

residential, commercial and community facilities; and c) industrial uses which are relatively small scale and have low impact are located within

the Industry (Low Impact) zone whilst those industrial uses which are larger in terms of site requirements, infrastructure requirements or impact, are situated in the Industry (High Impact) zone.

The proposed use meet the above overall outcomes in that the proposed use is for industrial use and the use is small scale and has low impact on surrounding land. Moreover, conditions have been imposed to landscape the northern boundary to screen off the magnetite stockpile from the Crematorium’s southern boundary. The subject site is constrained by the following Overlays: • Development on Steep Land; • Landscape Character; • Development in the Vicinity of Mackay Airport. In addition to the above Overlay Codes, the application has been assessed against the following Codes of the Planning Scheme: • Mackay Frame Locality Code; • Industry (Low Impact) Zone Code • Industrial Code; and • Environment and Infrastructure Code. Overall, the proposal generally complies with the intent of the above Codes, the areas of non-compliance are discussed below: 1. Industry (Low Impact) Zone Code

Mackay City Planning Scheme requires all industrial sites to have direct access to an arterial or sub-arterial road network. Mount Bassett Cemetery Road is classified as a Minor Collector Road. This is considered acceptable however, as the proposed site is appropriately zoned for industrial purposes. Moreover, the site is located approximately 300 metres from Mackay Harbour Road, which is an Arterial Road and the proposed use, on average, only generates approximately three vehicle trips per day.

2. Environment and Infrastructure Code

Mackay City Planning Scheme requires adequate vehicle parking spaces to satisfy the anticipated requirements of the activity and be in accordance with Schedule 2 of the


MIN/09.12.2009 FOLIO 9179

Planning Scheme. Schedule 2 specifies that a Bulk Store is to provide one car parking space per 100 m2 site area for this proposal. The applicant is proposing one additional car parking space. This is considered acceptable however, as the proposed development will only generate the need for one additional parking space for the one additional employee (being the front-end-loader operator). A condition has been imposed to provide evidence on a revised plan of development of this required additional car parking space. Landscaping is required at the rear of the property to provide screening, which ensures the privacy and amenity of adjoining owners to the north (Mackay Crematorium). This is not proposed by the applicant and has therefore been conditioned.

PLANNING SCHEME CONTRIBUTIONS POLICIES The following contribution policies are applicable to the development: INFRASTRUCTURE CONSIDERATIONS TRAFFIC MOVEMENTS The magnetite is imported from elsewhere by ship to the Mackay Harbour from where it will be transported to the stockpile area. The magnetite will be loaded onto trucks and dog trailers and transported via Harbour Road and Mount Bassett Cemetery Road to the stockpile area. This operation will generate 9 trips per hour, 24 hours per day for 51/2 days. The transporting of the magnetite to the various coal mines would occur on a irregular basis, on average this operation will generate 3 trips per day. This operation will utilise B Doubles. TRANSPORT CONTRIBUTIONS The proposed development attracts transport contributions of 3.5 net Trips Per Day (VPD) per 100 m2 Total Use Area (TUA). The TUA is approximately 6,000 m2 and therefore the proposed development attracts approximately 210 VPD (6000/100 X 3.5). The applicant is to provide evidence of the exact Total Use Area before this can be accurately calculated. No credit has been given as this was given for the previous approved development on site. PARKLAND The proposed development attracts parkland contributions of 20.4 Equivalent Persons (EP) per Gross Ha. The total area is approximately 6,000 m2 and therefore the proposed development attracts approximately 12.24 EP (0.6 x 20.4). The applicant is to provide evidence of the exact total area before this can be accurately calculated. No credit has been given as this was given for the previous approved development on site. REFERRAL AGENCIES Department of Environment and Resource Management (DERM) is a concurrence agency, as the proposed development triggers an Environmental Relevant Activity ERA 50 (1) (a) & (b) (Attachment C). Department of Transport and Main Roads was contacted for 3rd party advice (Attachment D). Most environmental issues and concerns relating to this proposal have been dealt with by DERM, which has recommended approval. These include: • Prevent and/or minimise likelihood of environmental harm; • Maintenance of measures, plant and equipment;


MIN/09.12.2009 FOLIO 9180

• Site based management plan; • Records; • Notification; • Spill kit; • Spill kit training; • Information about spills; • Equipment calibration; • Nuisance, • Dust nuisance; • Environmental barriers; • Monitoring; • Dust controls – stockpiles; • Dust control – trafficable areas; • Loss of materials during transit; • Preventing contaminant release to land; • Chemical and fuel spills; • Noise nuisance; • Noise levels; • Noise monitoring; • Release of water; • Stormwater management; • Stormwater management plan; • Waste management plan; and • Waste handling. Department of Transport and Main Roads indicated that they have no issues with the proposed development. RESOURCES IMPLICATIONS Nil. CONSULTATION External Applicant through GHD. Internal Development Services. CONCLUSION That Council issue a Material Change of Use – Development Permit in relation to the application by GHD Consultants for a Material Change of Use (Bulk Store) at 0 Mount Bassett Cemetery Road, Mackay Harbour or more fully described as Lot 2 on RP719116 subject to the reasonable and relevant conditions. Council Resolution


MIN/09.12.2009 FOLIO 9181


A. THAT Council approve the application for a Material Change of Use for a Bulk Store located at 0 Mount Bassett Cemetery Road, Mackay Harbour, described as Lot 2 on RP719116, subject to the following conditions:

1. Plan of Development

The approved Material Change of Use – Bulk Store development 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.

JOB NUMBER

DRAWING NUMBER

REVISION PREPARED BY DATE

42-15821 SK002 A GHD Consultants

June 2009

2. Amended Plans Required

Prior to the lodgement of Operational Works approval the approved plans of development must be amended to comply with the following matters:

a) Indicate high growth Landscaping on the northern section of the

allotment; b) Indicate exact measurements of Total Use Area, Proposed Gross Area,

Landscaped Area and Manoeuvring Area; c) Indicate exact location of proposed additional car parking spaces; d) Indicate swept paths for all B Double truck turning movements at

Harbour Road / Mount Bassett Cemetery Road intersection; e) Indicate how the magnetite is unloaded and loaded at the stockpile

area; and f) Indicate exact location of existing buildings, existing car parking

spaces and existing landscaping 3. Upgrading of Mackay Harbour / Mount Bassett Cemetery Road intersection

The Mackay Harbour / Mount Bassett Cemetery Road intersection must be upgraded to accommodate the truck and dog trailer unit entering Mount Bassett Cemetery Road from the Harbour. This upgrade must ensure that the turning traffic from Mackay Harbour Road does not cross the centreline in Mount Bassett Cemetery Road and must be in accordance with Council’s Engineering Guidelines. These works must be included in the Operational Works application.

4. Compliance with conditions

All conditions must be complied with prior to the commencement of the use on the subject site, unless specified in an individual condition.

5. Maintenance of Development


MIN/09.12.2009 FOLIO 9182

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.

6. 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.

7. Notice of Intention to Commence the Use

Prior to the commencement of the use on the site, written notice must be given to Council that the use (development and / or works) fully complies with the decision notice issued in respect of the use (please see attached notice for your completion).

8. Transport Network Contributions

A transport network contribution must be paid in accordance with Councils Policy on Transport Network Contributions. The transport network contribution will be applied based on an additional approximate 210 vehicle movements per day (vpd’s). This is to be recalculated after applicant provides Council with evidence of the exact Total Use Area, as per Condition 2.

9. Parkland Contribution

A parkland contribution must be paid in accordance with the Council’s Policy on Developer Contributions for Parkland. The parkland contribution will be applied based on an additional approximate 12.24 EP’s. This is to be recalculated after applicant provides Council with evidence of the exact Total Use Area, as per Condition 2.

10. Contributions Payment Timing

All contributions and charges must be paid prior to the date of issue of the Development Permit for Operational Works at the rate applicable at the time of payment.

11. Damage

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

12. 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 specifications.


MIN/09.12.2009 FOLIO 9183

13. Ponding and Diversion of Stormwater

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.

14. Site Based Stormwater Management Plan

The developer must ensure the requirements of the Site Based Stormwater Management Plan are compiled with at all times.

15. Landscape Plan Required

In accordance with Condition 2 requirement, a detailed landscaping plan must be prepared by a qualified Landscape Designer and must be submitted with Operational Works application. The plan must show for all areas identified on the approved plan of development the following: • Landscape specification of sufficient detail so that landscape works

are to be carried out; • Plant schedule detailing number of plants, species, pot size and height

at planting; • Details of soil and mulch types, including depths, areas or turf, garden

edges and paving finishes; and • The details of the irrigation system. Any proposed landscaped works within Council’s Road Reserve must comply with Planning Scheme Policy No.11 – Landscaping.

16. Minimum Car Parking Spaces

The car parking area must be constructed, sealed, linemarked and drained for a minimum of one additional car parking space in accordance with the approved plan and maintained thereafter. The carparking classification is Class 1 for internal parking and is to be designed in accordance with Australian Standard AS/NZS2890.1 – 2004. All car parking spaces and aisle widths shall be accessible by B99 design vehicles.

17. Loading /unloading

The loading and unloading of magnetite at all times be undertaken entirely within the site.

18. Maximum height of stored material

Material can be stockpiled to a maximum height of 4 metres above natural ground.

19. Dust Control


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A water truck must be kept on site at all times for dust suppression when required.

20. Maximum trucks entering stockpile area

The maximum size vehicles entering the stockpile area for loading and off-loading magnetite will be the equivalent of a B Double truck.

21. Additional employee

The proposed development must only employ one additional employee on site, who will be required to use the existing facilities on the site.

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

1. Local laws The approved development must also comply with Council’s Local Laws under the Local Government Act 1993 from time and other controls.

2. Dust Control It is the applicant/owner’s responsibility to ensure compliance with Part 2A – Environmental Nuisance of the Environmental Protection Regulation 1998 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.

3. Sedimentation Control It is the applicant/owner’s responsibility to ensure compliance with Section 32 of the Environmental Protection (Water) Policy 1997 to prevent soil erosion and contamination of the stormwater drainage system and waterways.

4. Noise During Construction and Noise in General It is the applicant/owner’s responsibility to ensure compliance with Section 6S General Emission Criteria and Section 6T Noise Emission Criteria of the Environmental Protection Regulation 1998.

5. General Safety of Public During Construction It is the principal contractor’s responsibility to ensure compliance with Section 31 of the Workplace Health and Safety Act 1995. Section 31(1)(c) states that the principal contractor is obliged on a construction workplace to ensure that work activities at the workplace are safe and without risk of injury or illness to members of the public at or near the workplace. It is the responsibility of the person in control of the workplace to ensure compliance with Section 30 of the Workplace Health and Safety Act 1995.


MIN/09.12.2009 FOLIO 9185

Section 31(1)(c) states that the person in control of the workplace is obliged to ensure there is appropriate, safe access to and from the workplace for persons other than the person’s workers.

Council Resolution

THAT the Director's Recommendation be adopted. AND THAT an additional condition be added controlling the volume of material to be brought onto the site per annum in line with the road network contribution charges unless otherwise varied by Council.

Moved Cr Hatfield Seconded Cr Steindl

CARRIED

8.3 MATERIAL CHANGE OF USE - 1 INTO 2 RURAL LOTS - FOCUS PTY LTD - 1221 MARLBOROUGH-SARINA ROAD, SARINA (714901-003-DA-2009-242)

Application Number: DA-2009-242

Date Received: 16 June 2009

Applicant’s Details: Focus Pty Ltd PO Box 315 SARINA QLD 4737

Proposal: 1 into 2 Rural lots

Site Address: 1221 Marlborough-Sarina Road, Sarina

Property Description: Lot 3 on RP741901

Owner’s Details: David, Jean and Ryan Benson

Area: 67.85 Ha

Planning Scheme: Sarina Shire Planning Scheme

Planning Scheme Designations: Zone:

Rural (Sarina)

Assessment Level: Impact Assessable

Submissions: Nil

Referral Agencies: Concurrence Agencies: Department of Environment & Resource


MIN/09.12.2009 FOLIO 9186

Management (Trigger: Remnant Vegetation, and 2 or more Lots are being created of which one is less than 25 Ha) Department of Transport & Main Roads (Trigger: within 100 metres of a State Controlled Road)

Attachments: Attachment A: Attachment B: Attachment C: Attachment D:

Locality Plan Proposal Plan Department of Environment & Resource Management Referral Agency Response Department of Transport & Main Roads Referral Agency Response

Recommendation: Refusal

ASSESSMENT OF APPLICATION Purpose This Material Change of Use application is for a 1 Rural Lot into 2 Rural Lots Reconfiguration at 1221 Marlborough-Sarina Road in Sarina (refer to Attachment A – Locality Plan). The application is Impact Assessable due to remnant endangered vegetation on the subject site. The application is recommended for refusal mainly due to the proposal being inconsistent with the zoning of the subject site. Background An existing lawful workshop and associated dwelling exist on site, which was approved by Sarina Shire Council in 2007 as a Light Industry and involves carpentry/kitchen cabinet making. This development was approved for the existing shed structure and associated car park only, which is located in north-eastern section of the allotment (refer to Attachment B – Proposal Plan). This business is established. Subject Site and Surrounds The property is currently used for cattle grazing and the abovementioned cabinet making workshop. Two dwellings exist on site, one dwelling associated with the farm activities and one dwelling associated with the cabinet making workshop. According to the applicant, the cabinet making business employs owner Ryan Benson as a full time cabinet maker, one part time office administrator and one full time apprentice. Access to the site is obtained from Marlborough-Sarina Road, which is classified as a Sub Arterial Road and from Reeves Saunders Road, which is classified as an Access Road. The subject site is zoned Rural under the Sarina Shire Planning Scheme. The site is constrained by Economic Resources (Good Quality Agricultural Land), Conservation Areas (Remnant Vegetation) and Natural Hazards Management (Medium Bushfire Hazard) overlays.


MIN/09.12.2009 FOLIO 9187

The site is surrounded by other Rural Zoned allotments containing agricultural lawful uses, including cane farming, cattle breeding and cattle grazing. Proposal The proposal involves the reconfiguration of the subject site to create two rural lots, one lot of 4,000 m2 to encompass the cabinet making workshop and associated car park and dwelling house, and one lot of 67.45 Ha to include the existing cattle yards and associated farm dwelling. Easements for the proposed smaller allotment would be required to secure access to the site and to the bore. PLANNING SCHEME ASSESSMENT • Sarina Rural Zone The overall outcomes for the Sarina Rural Zone are as follows: (a) Good quality agricultural land is protected from fragmentation; unless otherwise

demonstrated by overwhelming community need; and (b) Existing rural activities are protected from intrusion of incompatible uses, except for

urban residential expansion adjoining the northern part of Sarina Township between the Bruce Highway and Sarina Beach Road; and

(c) A wide range of agricultural and animal husbandry uses, and other compatible primary

production uses occur in the Rural Zone; and (d) The rural character of the Shire is retained; and (e) The productive capacity of land is maintained; and (f) Residential uses are primarily ancillary to other uses in the Rural Zone; and (g) Non-agricultural uses, such as recreation, roadside stall, home based business, host

home accommodation, educational or tourism related uses are of a low intensity and scale; and

(h) Other uses are located in the Rural Zone if they cannot practically be located in urban

areas due to their: • Nature; or • Scale; or • Effects; or • Necessary relationship to a particular cultural heritage feature, natural resource or

feature, infrastructure or activity; and (i) Uses and works are located, designed and managed where they:

• Are compatible with other uses and works; and


MIN/09.12.2009 FOLIO 9188

• Maintain the safety of people and works; and • Maintain the health and safety of residents and visitors in the rural area and the

amenity they enjoy; and • Maintain the scenic values of the natural environment enjoyed by residents and

visitors in the rural area; and • Avoid significant adverse effects on the natural and cultural heritage values of the

environment; and • Maximise the efficient use and extension and safe operation of infrastructure; and • Cause no adverse impact (due to site specific or cumulative effects) on water

quality (surface and ground); • Do not compromise the operation or expansion of the major port and related

facilities at Hay Point; • Do not compromise the efficiency and safety of any road and are connected to the

Shire road network and urban centres by roads capable of accommodating the type and volume of traffic likely to be generated;

• Are provided with a water supply, liquid and solid waste disposal system and electricity supply adequate for all on-site purposes; and

• Do not intrude into buffer areas around activities requiring separation from incompatible uses (such as Extractive Industry, Intensive Animal Industry, Stables, Kennels and Catteries).

The proposal does not meet all of the above overall outcomes in that the proposal is for a reconfiguration of a rural zoned lot containing Good Quality Agricultural Land. Moreover, the proposal is inconsistent with the probably solution of the Reconfiguring a Lot Code and the Economic Resources Overlay Code (Good Quality Agricultural Land), both stating that the minimum lot size must be equal to or greater than 80 Ha in the Rural Zone. The proposed lot areas are 4,000 m2 (0.4 Ha) and 67.45 Ha. Furthermore, in accordance with State Planning Policy 1/92 – Development and the Conservation of Agricultural Land (SPP 1/92), Council is obligated to protect Good Quality Agricultural Land from unnecessary fragmentation. The proposed reconfiguration of a lot would fragment the land from any future agricultural use and is in contravention of SPP 1/92. Overall, the proposal does not comply with intent of the overall outcomes of the Sarina Shire Planning Scheme and the proposal is not supported for the following reasons: 1. The applicant has given no planning justification for the proposal; 2. There are no planning grounds to support the reconfiguration of the lot; 3. The proposal will promote residential and potential industrial encroachment into a rural

area and will therefore promote land use conflicts (should the proposal be approved, the smaller allotment can be sold and any Light Industrial use can lawfully operate on site without planning approval);

4. The proposal will therefore be in conflict with Sarina Shire’s Planning Scheme as well as State Planning Policy 1/92;

5. The proposal will set an unfavourable precedent; and 6. The current lawful cabinet making business can successfully continue its operation

without the proposed reconfiguration of the lot.


MIN/09.12.2009 FOLIO 9189

PLANNING SCHEME CONTRIBUTIONS POLICIES Not applicable as the proposal is not supported and recommended for refusal. REFERRAL AGENCIES Department of Environment and Resource Management (DERM) is a concurrence agency, as the subject site consists of remnant vegetation. DERM approved the proposal with conditions, as the proposed plan shows clearing as a result of the development will not occur within the assessable vegetation. DERM, however, gives third party advice regarding Good Quality Agricultural Land and recommend that the proposal is not supported as it is in contravention of SPP 1/92, as mentioned above (refer to Attachment C). Department of Transport and Main Roads is a concurrence agency, as the subject site is within 100 metres of a State Controlled Road (refer to Attachment D). RESOURCES IMPLICATIONS Nil. CONSULTATION External Applicant through FOCUS. Internal The application was discussed with representatives from various Departments at the Development Assessment Review Team meeting on 27 October 2009 and on 24 November 2009 with the outcome to recommend it for refusal. CONCLUSION That Council refuse the proposed Material Change of Use Reconfiguration of one Rural Lot creating two Rural Lots by FOCUS PTY LTD at 1221 Marlborough-Sarina Road, Sarina or more fully described as Lot 3 on RP741901. Council Resolution


A. THAT Council refuse the application for a Material Change of Use for a Reconfiguration of a Lot at 1221 Marlborough-Sarina Road, Sarina, described as Lot 3 on RP741901 the grounds for refusal are:-

• The proposal conflicts with the intent and overall outcomes of the Sarina Shire

Planning Scheme.


MIN/09.12.2009 FOLIO 9190

Council Resolution

THAT the Director's Recommendation be adopted. Moved Cr Hatfield Seconded Cr Camilleri

CARRIED

8.4 DETERMINATION OF THE ASSESSMENT MANAGER FOR PROPOSED EXPANSION OF THE HAY POINT COAL TERMINAL


Purpose

To inform Council that the Minister for Infrastructure and Planning has determined that the Department of Environment and Resource Management will be the assessment manager for the proposed expansion of the Hay Point Coal Terminal application in accordance with Section 3.1.7(2) of the Integrated Planning Act 1997.

Background/Discussion

BHP Billiton Mitsubishi Alliance (BMA) wrote to the Minister for Infrastructure and Planning requesting his determination of the assessment Manager under Schedule 8A, Table 5 of the Integrated Planning Act 1997.

Consultation and Communication

N/A


N/A

Conclusion

While Council will be a Concurrence Referral Agency the role of Assessment Manager and primary decision maker as to the appropriateness of the mooted expansions will rest with the State Government. Accordingly, the State is expected to take the lead in the liaison with the developer. Council Resolution


THAT the letter be received.


MIN/09.12.2009 FOLIO 9191

Council Resolution


CARRIED

8.5 DEVELOPMENT STUDY TOUR OF BRISBANE AND SYDNEY


Purpose

To gain Council's endorsement to co-ordinate a Study Tour of Brisbane/Gold Coast and Sydney developments on behalf of industry groups.


The Study Tour is proposed for Thursday, 4 February 2010 and Friday, 5 February 2010. (Proposed itinerary is attached). Representatives from the development industry e.g. developers, real estate agents, will be invited to travel with appropriate Councillors and staff to visit estates and gain insight into new and innovative residential developments. Developments which incorporate greater diversity in housing product, reflecting the changing household, structures which show that the percentage of houses with children now accounts for less than 30%.


This Study Tour is arisen following discussions between development industry groups and the Smart Housing Working Group and the Affordable Housing Working Group.


Booking and costs of accommodation and travel costs will be the responsibility of each attendee. Council will be covering the cost for the bus hire in each City, and travel and accommodation costs for Councillors and staff. A budget of $15,000 is appropriate and can be accommodated from the existing budget for Development Services.

Conclusion

The Study Tour has been mooted for some time and it is becoming clear that industry needs to be encouraged to embrace new ideas as evidenced by the reduction in the proportion of


MIN/09.12.2009 FOLIO 9192

attached dwellings compared to detached and a 25% higher average residential lot size than in Brisbane. Council Resolution


THAT Council approve the Study Tour with funding from the Development Services Management Program.

Council Resolution

THAT the Director's Recommendation be adopted. AND THAT Councillor participants shall be the Mayor or Deputy Mayor and Crs Hatfield (Planning) and Comerford (Water and Sewerage).

Moved Cr Camilleri Seconded Cr May

CARRIED

8.6 COMMENCEMENT OF SUSTAINABLE PLANNING ACT

Author MANAGER DEVELOPMENT ASSESSMENT

Purpose

To inform Council of the requirements to prepare for the commencement of the Sustainable Planning Act and Regulations on 18 December 2009. In particular, the requirements of new Delegations and Fees and Charges to enable Council to undertake its role as Assessment Manager.


The State Government commenced the Queensland Planning Reforms in 2006, which included reviewing the Integrated Planning Act (IPA). In September 2009 the Sustainable Planning Act (SPA) was adopted with a commencement date announced on 27 November of 18 December 2009. The Sustainable Planning Act is supported by the Sustainable Planning Regulation which was released on 27 November 2009. In relation to the Integrated Development Assessment System (IDAS), the Sustainable Planning Act is similar to the Integrated Planning Act, however, there is still significant changes required to Council's processes, procedures and documentation. The Sustainable Planning Regulation was only released 15 days before commencement and provides much of the details required by Council and other stakeholders to implement the Sustainable Planning Act. Unfortunately, there are still significant information that is required by all stakeholders to complete the implementation of The Sustainable Planning Act, including Application Forms, Guidelines, Standard Letters and Temporary Local Planning Instrument (TLPI). Council has been advised that these will be released prior to commencement on 18 December


MIN/09.12.2009 FOLIO 9193

2009. Therefore, a lot of the work required for commencement could not be completed or even commenced until they are released. Below is a table that sets out the requirements for commencement of the Sustainable Planning Act.

Requirements Comments Implications if not

completed by commencement day

Preparation Status

Delegations to CEO & sub

delegations to officers

– Required day 1 – Delegation requires

resolution of council – Can commence

preparation of sub delegation until regulations released

– Process will stop at lodgement

– Cannot make any decisions or issue letters

– Consultant engaged to prepare delegation and sub delegation

– Delegation part of this report

Fees & Charges

– Required day 1 & should be released to Industry prior

– Require resolution of Council

– Applications lodged with no fees

– Financial implication

– Fee and Charges part of this report

Process Management

Systems (Pathways)

– Required day 1 – Significant work required

to re-construct SPA IDAS/ SPA compliance process management

– Can commence preparation but will need details expected to be contained in TLPI, forms and standard letters to finalise

– Will be difficult & time consuming to manage development applications

– Process will be slower – Increased chances of

errors in process – No time for testing of

new procedures before commencement

– Over 400 hours of officer time spent to date on new pathways

Review User Guides (to assist

applicants)

– Should be available day 1 – Need to review

regulations and see forms as expected to significantly impact on guidelines content (supporting information required)

– Will end up with applications of poorer quality & more not properly made applications

– Process will slow down – Increased difficulties

for one off applicants

– Not able to commence until forms released

Standard Letters

– Required day 1 (at least before first correspondence under SPA to be sent out)

– Can commence initial review of our documents but cannot complete until DIP produces standard letter templates eg acknowledgement & decisions notices

– Will slow down the process & increase chances of errors

– Undertaken initial review and update but cannot complete until regulations released


MIN/09.12.2009 FOLIO 9194



Preparation Status

Public Notification Guidelines

– Required day 1 (at least before first acknowledgement notice for impact assessable applications issued)

– Cannot commence until forms released

– Will slow impact assessable applications

– No action to date

Public Notification

Signs (If Council still provides them)

– Required day 1 (at least before first acknowledgement notice for impact assessable applications issued)

– Cannot commence until forms released

– May need to cease service depending on requirements of forms

– Will slow impact assessable applications

– Not action to date

Re-produce IDAS Forms

– Required day 1 – Cannot commence until

released

– Will slow down applications pre-lodgement


Update Council Web

– Required day 1 – Cannot commence until

regulations, forms etc released & on State website, so links can be made

– Will slow down applications pre-lodgement


Standard Conditions

(review existing standard

conditions to ensure

compliance with SPA)

– Required before first SPA development application decided (ie day 5)

– Cannot finalise until TLPI and Guidelines are released as may impact on conditions

– Will delay decision of development applications


New SPA Files – Required day 1 – Can complete now

- Difficulties in catching up at a later date

- Being Completed

Registers (of publicly

available data)

– Required day 1 – Can complete now

– Have to catch up with data later

– Initial review commenced


MIN/09.12.2009 FOLIO 9195



Preparation Status

Training - Planners/

Engineers - Compliance

Officers - Planning/

Engineering Administration Officers

- Customer Service Officers (multiple officers )

- Councillors

– Required day 1 – Have commenced

extensive in house training on SPA

– DIP trainers to date have had limited knowledge of SPA (eg compliance)

– More training required on SPA but also after regulations, forms etc are released

– Internal training required in new Process Management Systems

– Will slow down processing of applications

– Increased chances of errors in process

– Training has concerned with Planners/ Engineers/ Compliance Officers through attending in house, solicitor and DIP training, but more required once forms/ regulations released

Authorised Officers

– Required Day 1 – Can commence

– Restricts Council’s ability to access property and undertake inspections

– Being Completed

Delegations McCullough Robertson has been engaged to prepare the documentation for the Delegation from Council to the Chief Executive Officer and the sub-delegation from the Chief Executive Officer to individual positions within Development Services. These sub-delegations have commenced and expect to be available on the week of 14 December 2009. Delegations from the Council to the Chief Executive Officer to undertake all actions/decisions pursuant to the Sustainable Planning Act and Sustainable Planning Regulations have been drafted and are included as Attachment A for Council's consideration. Fees and Charges A new schedule of Fees and Charges has been prepared and are included as Attachment B for Council's consideration, the changes being as detailed below: • Adding in Fees for Master Plan application and Compliance Assessment, which were

not part of the Integrated Planning Act. • Changing the reference to the relevant Legislation for all fees. • Moving the Development Assessment - Engineering section into the Development

Assessment - Planning section to improve workability. Given the short lead time the majority of Fees have remained unchanged from those adopted on 1 July 2009. These fees are proposed to be in place from 18 December 2009.


MIN/09.12.2009 FOLIO 9196

As a significant amount of the details of SPA are yet to be released, it is likely that in the New Year further amendments will need to be made to the Fees and Charges. These could include new fees required and reviewing the value of existing fees. A further report will be presented to Council if changes are required. The fees for Environmentally Relevant Activities are contained in the Environmental Protection Regulations which to date have not been amended if required, on amendment a report will be presented to Council to adopt new ERA fees. The Fees adopted on 1 July 2009 that reference the Integrated Planning Act must remain in place as there are still applications that are before Council and hence, the fees maybe applicable.


Department of Infrastructure and Planning, LGAQ (in relation to the Act and Regulation), Development Assessment - Engineering, Health and Regulatory Services, Strategic Planning and Director Development Services, in relation to the impact on Council.


To date Council Officers have spent 500 hours on preparing for the commencement of SPA and expect to be spending another 500 hours before commencement.

Conclusion

The introduction of the SPA is an initiative of the State Government. The implications on all Councils are significant, however Mackay Regional Council is well advanced in the preparation. Council Resolution


A. THAT the General Delegation to the CEO attached as Appendix A be approved. B. AND THAT the Fees and Charges commencing on 18 December 2009 attached

as Appendix B be approved subject to the following inclusion:-

General 9. Public notification signs are not provided by Council for impact assessable

applications. Council Resolution


CARRIED


MIN/09.12.2009 FOLIO 9197

8.7 MINISTERIAL DESIGNATION FOR COMMUNITY INFRASTRUCTURE – MACKAY HOSPITAL REDEVELOPMENT – 439 BRIDGE ROAD, WEST MACKAY

Author STRATEGIC INFRASTRUCTURE PLANNER

Purpose

To advise Council that The Minister for Health has given notice pursuant to Chapter 2, Part 6 of the Integrated Planning Act 1997, that a Ministerial designation of land for community infrastructure in relation to the redevelopment of the Mackay Hospital has been made over land located at 439 Bridge Road, West Mackay (Lot 108 on SP 126416). A notice of this Ministerial designation was published in the Queensland Government Gazette on Friday 4 September 2009 (refer to Attachment A).


The Mackay Hospital site is currently in freehold tenure and in ownership of The State of Queensland, represented by the Department of Health. In April 2008, the State Government announced that Mackay Hospital would be redeveloped, with funding from the sale of regional airports. Project Services has been engaged on behalf of Queensland Health, to undertake the processes for a Ministerial designation of land for community infrastructure for the Mackay Base Hospital redevelopment. It is proposed that the Ministerial designation will facilitate the future development, growth and enhancement of the Hospital. The Ministerial designation will exempt the State from any development approval requirements triggered under the Mackay City Planning Scheme. In June 2009, Council made a submission to Project Services indicating that Council supports, in principle, the Master Plan for the redevelopment of the Mackay Hospital, but have indicated that there were a number of issues in relation to the detailed site development that needed to be considered in the consultation stage (refer to Attachment B). These issues included, but were not limited to:

• Significant lack of sufficient on-site parking provided; • Infrastructure and signage related to public transport; • Height and setback of buildings; • The impact of development on trunk infrastructure and associated costs; • Other detailed design issues.

Prior to designation of the land for community infrastructure, Council requested:

• a meeting with Project Services to further discuss these issues and potential solutions; • the Minister for Health fully consider the provisions of the Mackay City Planning

Scheme; • the Minister for Health fully consider the issues identified within the submission.


MIN/09.12.2009 FOLIO 9198

To date no discussions or meetings have taken place between Council and Project Services to discuss the issues contained within the submission and potential solutions to these issues. Therefore, it can be assumed that no further consideration has been given to the provisions of the Mackay City Planning Scheme or the issues contained within Council’s submission to Project Services in relation to the detailed site development. Council must make amendments necessary to relevant documents and records to ensure that this Ministerial designation is reflected in the Mackay City Planning Scheme and future planning documents.


To date there has been limited consultation between Council and Project Services. Council requested a number of issues be resolved.


There are minimal on-going resource implications for Council staff following the Ministerial designation. Resource implications can be summarised as:

• Involvement by Council officers will be required to liaise and consult further with Project Services and Queensland Health, where required;

• Council amendments to Mackay City Planning Scheme to reflect the Ministerial designation.

Conclusion

In accordance with section 2.6.10 of Integrated Planning Act (IPA) a Ministerial designation has effect on and from the day the designation is notified within the Queensland Government Gazette. Council Resolution


THAT: 1. Council note receipt of correspondence from the Minister for Health advising

of the Ministerial designation over land located at 439 Bridge Road, West Mackay for community infrastructure.

2. In accordance with section 2.6.11 of IPA, Mackay Regional Council makes

amendments to the Mackay City Planning Scheme, in order to reflect the designation in the Planning Scheme.


MIN/09.12.2009 FOLIO 9199

Council Resolution

THAT the Director's Recommendation be adopted. Moved Cr Camilleri Seconded Cr Hatfield

CARRIED

8.8 RESPONSE TO RESIDENTS PETITION: UPGRADE OF ETON ROADS - PROSPECT ST, HILL ST AND BALL ST

File No Prospect, Hill and Ball Streets Author Manager Technical Services

Purpose

To advise Council of the result of the investigation into the request from residents in the Hill Street, Prospect Street and Ball Street areas of Eton and to outline the estimate of costs for such a request.


This petition was presented to Council at its meeting on 21 October and raised the issues of dust emanating from the unsealed roads, and an issue with a blind spot caused by the vertical alignment of Hill Street, adjacent to Eton State School. An inspection of the area by Council Technical Officers revealed that the vertical alignment of Hill Street is most likely sub-standard, and a number of the roads within the area are not contained within the road reserves and this has historically been the case for many years. The concept to rectify these problems is: • Construction of a 6.0m wide sealed pavement with flush concrete edges (in lieu of kerb

and channel) • 2.0m wide footpath along one side of each road, to provide shared path to, and around, the

Eton State School. • Open drains with low flow pipes to transmit stormwater flows overland. • Landscaping in the form of street trees at regular intervals along both sides of the road

reserve.

This treatment type conforms with current "Village" town planning zone for Eton township. It is not purely a case of placing a bituminous seal on the existing road pavement as the standard required in terms of pavement depth does not exist.


MIN/09.12.2009 FOLIO 9200

It should be noted that these works are not currently within Council's 10 year Financial Plan and any such works would need to be rate funded as no grant funding or infrastructure charges are applicable to this local road network. Whilst the issue of dust is a real concern, this area is similar to many other areas in the region where residents have purchase property at affordable prices based on the roads being unsealed. In 2007 Council undertook a trial on dust suppression on a number of unsealed roads including Hill Street, Eton and it was assessed as part of the trial that due to the limited effectiveness of the treatments it was not cost effective for Council to continue with the treatment of dust beyond the trial period. As the construction and sealing of the road network in this area is essentially for the benefit of abutting residents, a special rate scheme could be introduced whereby the land owners benefiting from the works meet the total cost of the project rather than the rest of the community. This is obviously unlikely to be an option which the property owners would be in favour however it is the most likely option to see future construction take place. An alternative approach would be for Council to sell the three allotments it owns in the area and use the funds that this sale generates to realign Hill Street to be within the road reserve and to address the issue of the vertical alignment of Hill Street adjacent to the school, including improving the pedestrian movement issues in Hill Street linking the school to Peak Downs Highway. These works may see the section of road adjacent to the school sealed for safety improvement reasons. Whilst no detailed estimates of cost has been developed for this approach it is anticipated that the above works could be accommodated from the land sale proceeds.


Prior to any introduction of a scheme that might require property owners to contribute to a special rate scheme, consultation with adjoining residents, Eton State School and relevant service authorities will be required.


The estimated cost of the entire project is $2,910,000 based on a preliminary concept plan. Survey and detailed design would be required before establishing a fixed estimate. Should a project ever be initiated then the most appropriate mechanism would be to develop the proposed works into four stages (as shown on attached plan A1-15804). The staging is based on drainage requirements, efficient treatment of earthworks, and addressing residents' primary concerns. The estimated cost of the respective stages are: • Stage 1 (Hill Street and Ball Street): $1,200,000 • Stage 2 (Prospect Street): 525,000 • Stage 3 (Curt Street, Barrier Street, remainder of Ball Street): 950,000 • Stage 4 (Mackay Street North): 235,000


MIN/09.12.2009 FOLIO 9201

By re-aligning the existing road formation into the road reserves, there is potential to sell three allotments (highlighted on attached plan A1-15804), that are currently owned by Council. This has not been included in the above estimates.

Conclusion

Whilst the works outlined addresses the issues raised by the petition, and ensures that the roads within the area meet current standards, and are realigned to existing road reserves, Council has not allocated funds within its forward Capital Works Program to undertake such works. It is also unlikely that such works would have a high priority across the region in the future. As such the most likely way that this project would be progressed is by way of a special rate scheme where benefiting property owners pay for the works. It is therefore proposed that Council seek the views of property owners regarding the options of: 1) Do nothing 2) Introduce a special rate scheme which will see the construction of the road network

with the costs being met by benefitting owners. 3) Utilise the funds obtained from the sale of Council owned land to realign Hill Street as

it connects to Ball Street, undertake improvements at the crest of Hill Street adjacent to the school, including the sealing of this section of road, and improve pedestrian access along Hill Street near the school.

Council Resolution


THAT 1) Council write to the property owners in Prospect Street, Ball Street, Hill

Street, Barrier Street and Mackay Street North area seeking their advice on the options available.

These being:

1) Do nothing

2) Introduce a special rate scheme which will see the construction of the road network with the costs being met by benefitting owners.

3) Utilise the funds obtained from the sale of Council owned land

to realign Hill Street as it connects to Ball Street, undertake improvements at the crest of Hill Street adjacent to the school, including the sealing of this section of road, and improve pedestrian access along Hill Street near the school.

2) A further report be presented to Council when the responses from the

property owners are received and assessed.


MIN/09.12.2009 FOLIO 9202

Council Resolution

THAT 1) Council write to the property owners in Prospect Street, Ball Street, Hill

Street, Barrier Street and Mackay Street North area seeking their advice on the options available.

These being:

1) After consideration of the costs leave the situation as it currently remains.

2) Introduce a special rate scheme which will see the construction

of the road network with the costs being met by benefitting owners.

3) Utilise the funds obtained from the sale of Council owned land

to realign Hill Street as it connects to Ball Street, undertake improvements at the crest of Hill Street adjacent to the school, including the sealing of this section of road, and improve pedestrian access along Hill Street near the school.

2) A further report be presented to Council when the responses from the

property owners are received and assessed. Moved Cr Casey Seconded Cr Cameron

CARRIED

Cr Comerford recorded her vote against the Motion.

8.9 MACKAY LOCAL DISASTER MANAGEMENT GROUP

File No Disaster Management Author Director Engineering Services

Purpose

To ensure that the requirements of the State Disaster Management Act are met, such that Council formally appoint the Chairperson, Executive Officer and Members of the Mackay Local Disaster Management Group.


MIN/09.12.2009 FOLIO 9203


Under the State Disaster Management Act - 2003, Councils are required to establish a Local Disaster Management Group (LDMG) comprising of Council staff, Government Agencies, Utilities and at least one (1) elected Councillor. The purpose of the LDMG is to ensure that disaster management and disaster operations in the region are consistent with the State Disaster Management Group (SDMG) strategic policy framework for disaster management, to help local government for the region to prepare and maintain a Local Disaster Management Plan to ensure the community is aware of ways of mitigating the adverse effect of a disaster event and preparing for, responding to and recovering from a disaster. The Act requires annual notification of the membership of the LDMG to the Executive Officer of the SDMG and the District Disaster Coordinator. It is evident in the Mackay region that an effective LDMG is critical in the management of natural disaster across the entire region. The presented make up of the LDMG as outlined below is consistent with the current Group Structure. Permanent Members: Chairperson: Mayor Deputy Chairperson: Deputy Mayor Executive Officer Director Engineering Services MRC CEO MRC Councillor MRC Emergency Management Co-ordinator MRC Technical Officer Emergency Management MRC Manager Corporate Communications MRC State Emergency Service MRC Qld Police Service Qld Ambulance Service Qld Fire & Rescue Service Advisory: Emergency Management Queensland Ergon Energy Rural Fire Service Nth Qld Bulk Ports Mackay Airport Transport and Main Roads Telstra Education Qld Mackay Division of General Practice Qld Health


Councillor representation of the LDMG has already been the focus of previous consideration by Council.


MIN/09.12.2009 FOLIO 9204


Operational.

Conclusion

The positions recommended take into consideration the experience, training and functional responsibilities across the organisation. Council Resolution


THAT Council endorse the composition of the Local Disaster Management Group for the Mackay Regional Council, comprising:- Permanent Members: Chairperson: Mayor Deputy Chairperson: Deputy Mayor Executive Officer: Director Engineering Services MRC CEO MRC Councillor MRC Emergency Management Co-ordinator MRC Technical Officer Emergency Management MRC Manager Corporate Communications MRC State Emergency Service MRC Qld Police Service Qld Ambulance Service Qld Fire & Rescue Service Advisory: Emergency Management Queensland Ergon Energy Rural Fire Service Nth Qld Bulk Ports Mackay Airport Transport and Main Roads Telstra Education Qld Mackay Division of General Practice Qld Health

Council Resolution

THAT the Director's Recommendation be adopted. Moved Cr Camilleri Seconded Cr May

CARRIED


MIN/09.12.2009 FOLIO 9205

8.10 AMENDMENT OF DELEGATIONS TO MAYOR AND CHIEF EXECUTIVE OFFICER

File No Delegations Author Executive Manager Governance

Purpose

To review and reconfirm delegations by Council to the Mayor and Chief Executive Officer.


Section 472 of the Local Government Act 1993 gives Council the authority to delegate it’s powers to certain persons, including the Mayor and the Chief Executive Officer. These Delegations are subject to a number of provisions which includes the requirement for the Chief Executive Officer to maintain a register of Delegations. Council has in place numerous delegations and a recent review has highlighted the need for a number of small amendments and updates mainly for the Mayor and Chief Executive Officer to ensure we remain abreast with best practice. The review identified the need for the Mayor and Chief Executive officer to have an appropriate financial delegation for authorisation of business related expenses on behalf of Councillors (subject to the budget allocation of course). This notation will be enacted by adding the appropriate notation to the following delegations:

• Delegations from Council to Mayor – Delegation No. COU1 – Purchasing Authority; • Delegation from Council to Chief Executive Officer – Delegation No. CEO14 –

Purchasing Authority Whilst it is generally agreed that both the Mayor and Chief Executive Officer already have this authority , it is recommended that the Purchasing Authority Delegations be amended to ensure no ambiguity exists. Further it was also recommended that outdated position references be attended to by amending the words “Interim Chief Executive Officer” to “Chief Executive Officer”.

Consultation

Executive Manager Administrative Services and Executive Manager Governance.


N/a


MIN/09.12.2009 FOLIO 9206

Conclusion

Whilst it is generally agreed that both the Mayor and Chief Executive Officer already have this authority , it is recommended that the Purchasing Authority Delegations be amended to ensure no ambiguity exists.

Executive Manager's Recommendation

THAT the following Delegations be amended: a) Delegations from Council to Mayor – Delegation No. COU1 – Purchasing

Authority; b) Delegation from Council to Chief Executive Officer – Delegation No. CEO14 –

Purchasing Authority

By including the following wording in each:

“Authorisation of business related expenses on behalf of Councillors subject to expenditure being within approved budget”

AND THAT that references to the “Interim Chief Executive Officer” be amended to the “Chief Executive Officer”.

Council Resolution

THAT the Executive Manager's Recommendation be adopted. Moved Cr May Seconded Cr Camilleri

CARRIED

9. CONSIDERATION OF COMMITTEE REPORTS:

Nil.

10. RECEIPT OF PETITIONS:

Nil.

11. TENDERS:


MIN/09.12.2009 FOLIO 9207

11.1 MRC 2010-008 - STANDING OFFER ARRANGEMENT - SUPPLY OF PPE SAFETY ITEMS & FIRST AID SUPPLIES

File No MRC 2010-008 Author Manager Procurement and Plant

Purpose

To present to Council for approval tenders for the supply and delivery of PPE safety items and First Aid supplies in order to compliment Council’s Standing Offer Arrangements.


Standing Offer Arrangements have proved to be a cost-effective means of purchasing whilst meeting required statutory obligations. They have also provided competitive prices for Council. The current Standing Offer Arrangement expires on 30 November 2009. The proposed commencement date for this contract is 1 December 2009, for a twenty-four (24) month period, with a clause for prices subject to variation after the first six (6) months. Eleven (11) tenders for Contract MRC 2010-008 were received by 2:30pm on Tuesday 15 September 2009. They were from Alpha First Aid Supplies, CNW Electrical and Data Supplies, Lawrence and Hanson, Mackay First Aid Supplies, Robertsons, Signet, J. Blackwoods & Son Ltd, Protector Alsafe Pty Ltd, Totally Workwear Mackay, Tropical Safety & Identification and Yakka Pty Ltd. There were 342 items as part of this Standing Offer Arrangement. The other offers received were as follows:- • Alpha First Aid Supplies tendered on 46 items and were the cheapest on 41 items. • CNW Electrical and Data Supplies tendered on 338 items and were the cheapest on no

items. • Lawrence and Hanson tendered on 277 items and was the cheapest and offered the most

suitable quality of product on 156 items. They did not tender on any first aid supplies. • Mackay First Aid Supplies tendered on 41 first aid items only and were the cheapest on

no items. • J Blackwood & Son tendered on 333 items and were the cheapest on 19 items. • Robertsons tendered on 341 items and were the cheapest on 32 items, however, although

they were not the cheapest, they are recommended to supply the 9 style/sizes of hi-vis Orange/Navy jackets due to their superior design and safety requirements.

• Totally Workwear Mackay tendered on 275 items and were the cheapest on 32 items. • Tropical Safety & Identification tendered on 274 items and were the cheapest on 8

items. • Protector Alsafe Pty Ltd tendered on 340 items and were the cheapest on 45 items. • Signet tendered on 265 items and were the cheapest on no items. • Yakka Pty Ltd tendered on 180 items and were the cheapest on no items.


MIN/09.12.2009 FOLIO 9208

All offers proceeded to the evaluation stage based on them meeting the Qualitative Criteria as per the request for tender issued. In evaluating the tenders received, value for money pricing was considered one of the higher ranked factors, along with the ability to supply a quality product when required, and compliance with the relevant Australian Safety Standards. The Evaluation Panel met for the first time on 9 October 2009. It was agreed by the evaluation team that the cheapest offers would be accepted where the product being offered was suitable. After initial discussions, the Panel issued a Tender Information Request to Protector Alsafe Pty Ltd, Robertsons, Tropical Safety & Identification, Lawrence and Hanson, CNW Electrical and Data Supplies, Signet and J. Blackwoods & Son Ltd, requesting samples of clothing, eye protection, hand protection, rain protection, vests and jackets based on best value for money. Samples were requested by 20 October 2009 or tenderers offers would become invalidated. The requested samples of clothing were not received from Protector Alsafe Pty Ltd, Tropical Safety & Identification or Signet. All other samples requested were received by 20 October 2009. The evaluation panel met again on 26 October 2009 for further discussions including the evaluation of samples provided. The Panel recommended that the items be awarded as per the attached schedule and as follows:- • Alpha First Aid Supplies are recommended for 41 items. • Lawrence and Hanson are recommended for 156 items. • J. Blackwood & Son are recommended for 19 items. • Robertsons are recommended for 41 items. • Totally Workwear Mackay are recommended for 32 items. • Tropical Safety & Identification are recommended for 8 items. • Protector Alsafe Pty Ltd are recommended for 45 items, including a new range of safety

glasses. The Companies recommended above for MRC 2010-008 Supply and Delivery of PPE Safety Items & First Aid Supplies are locally based in the Mackay area, with the exception of Alpha First Aid Supplies who are a specialist provider who have previously given Council value for money and priority service.


The evaluation of tenders was undertaken by Contracts Co-ordinator, Administration Officer, Stores Supervisor, Parks Maintenance Co-ordinator, Civil Services Co-ordinator, WH&S Advisor, Construction Supervisor and Maintenance Supervisor.


The total value of Contract MRC 2010-008, if awarded as recommended is approximately $912,421.25 excluding GST for the two (2) year period based on estimated annual usage. The estimated annual usage utilised in the above figures is significantly higher than the latest


MIN/09.12.2009 FOLIO 9209

contract due to increased staffing levels and an increased usage of stock items as some Programs previously purchased their own PPE. The total value of the last contract was approximately $276,368 excluding GST for one year based on significantly lesser levels of estimated usage.


THAT Standing Offer Arrangement MRC 2010-008 Supply and Delivery of PPE Safety Items & First Aid Supplies for a twenty-four (24) month period commencing 1 December 2009 be accepted:- Alpha First Aid Supplies 41 items Lawrence and Hanson 156 items J. Blackwood & Son 19 items Robertsons 41 items Totally Workwear Mackay 32 items Tropical Safety & Identification 8 items Protector Alsafe Pty Ltd 45 items 342 items

Council Resolution

THAT the Director's Recommendation be adopted. Moved Cr Camilleri Seconded Cr Casey

CARRIED

12. CONSIDERATION OF NOTIFIED MOTIONS

Nil.

13. LATE BUSINESS:

13.1 PRESENTATION - HAIL CREEK MINE COMMUNITY DEVELOPMENT FUND

Cr Thomsen presented the Mayor with a framed certificate from Hail Creek Mine for Council's 2009 Project Mackay Region Volunteers Symposium.

13.2 PRESENTATION - RACQ - CQ RESCUE

Cr Hatfield presented the Mayor with a framed picture from RACQ - CQ Rescue in appreciation of Council's support for 2009.


MIN/09.12.2009 FOLIO 9210

14. PUBLIC PARTICIPATION:

Mr Robinson addressed Council and wished everyone a Merry Christmas and a happy new year.

15. CONFIDENTIAL REPORTS:

THAT the meeting be closed to the public in accordance with the Local Government Act 1993 to discuss matters relating to:-

Confidential Item Reason for Meeting Closure

• Mackay Development Advisory Board - 16 November 2009

(h) for which a public discussion would be likely to prejudice the interests of the local government or someone else, or enable a person to gain a financial advantage

• Monthly Development Assessment Appeals Report

(f) starting or defending legal proceedings involving Council

• Economic Development Strategy Incentive - Withdrawal of Subsidies for Transport Network Contributions


• Land Use Plan for Port of Hay Point - North Queensland Bulk Ports Corporation Limited


• Engineering Services Construction Program

(a) the appointment, dismissal or discipline of employees

Moved Cr Camilleri Seconded Cr Casey

CARRIED

10:45am - the Meeting was closed to the public.

THAT the meeting be reopened to the public.


CARRIED


MIN/09.12.2009 FOLIO 9211

10:56am - the Meeting was reopened to the public.

15.1 MACKAY DEVELOPMENT ADVISORY BOARD - 16 NOVEMBER 2009

Council Resolution THAT the confidential reports be adopted.


CARRIED

15.2 MONTHLY DEVELOPMENT ASSESSMENT APPEALS REPORT

Council Resolution

THAT the report be received. Moved Cr Camilleri Seconded Cr May

CARRIED

15.3 ECONOMIC DEVELOPMENT STRATEGY INCENTIVE – WITHDRAWAL OF SUBSIDIES FOR TRANSPORT NETWORK CONTRIBUTIONS

Council Resolution

THAT the matter be deferred to the Ordinary Meeting of 16 December 2009.


CARRIED

15.4 LAND USE PLAN FOR PORT OF HAY POINT – NORTH QUEENSLAND BULK PORTS CORPORATION LIMITED

Council Resolution

THAT Council receive the attached discussion paper and endorse the issues raised prior to forwarding a written submission to NQBPCL.


MIN/09.12.2009 FOLIO 9212

AND THAT Council include in their submission that we do not support the closure of the caravan park at Hay Point.


CARRIED

15.5 ENGINEERING SERVICES CONSTRUCTION PROGRAM

Council Resolution

THAT Council approve the appointment of an additional Engineering Position within Engineering Services Construction Program.


CARRIED

16. MEETING CLOSURE

The meeting closed at 10:56am.

17. FOR INFORMATION ONLY

17.1 DEVELOPMENT APPLICATION INFORMATION - 22.11.09 TO 28.11.09

For Council Information Only – No Decision required

Development Applications Received App no Address Applicant Description Officer OW-2009-100

61 High Street, NORTH MACKAY

Mark J Casey and Justine B Shuttleworth

Operational Works - Stormwater, Earthworks, and Vehicle Access

Renan Solatan

DA-2006-160

2 Palmer Street, NORTH MACKAY

Nyok L Wong Form 2 Application to Change an Existing Approval

Julie Brook

OW-2009-101

13-17 Merchant Street, PAGET

Ahmad Taher Operational Works - Landscaping, Stormwater, Earthworks

DA-2009-435

L 14 Kinchant Dam Road, KINCHANT DAM

Jordan C O'Rielly and Naomi M Shewell

Material Change of Use - Extractive Industry

Dean Appleton

DA-2009-436

16 Duncan Street, WEST MACKAY

Darren Davis and Tracey L Davis

Material Change of Use - Dual Occupancy

Julie Brook


MIN/09.12.2009 FOLIO 9213

App no Address Applicant Description Officer DA-2009-437

L 10 Glendaragh Road, GLENELLA

David J Knyvett and Cheryl S Knyvett

Reconfiguration of a Lot - Boundary Realignment of 2 Rural Lots

Sonia Cannell

DA-2009-437

L 10 Glendaragh Road, GLENELLA

David J Knyvett and Cheryl S Knyvett

Reconfiguration of a Lot - Boundary Realignment of 2 Rural Lots

Sonia Cannell

DA-2009-438

8 Cameron Street, EAST MACKAY

John T Nash and Elisa M Nash

Material Change of Use - Residential Storage Shed not complying with acceptable solutions

Julie Brook

DA-2009-429

38 Staytes Road, MARIAN

Peter J Town Material Change of Use - Multiple Dwelling

Sonia Cannell

DA-2009-430

8 Kippen Street, EAST MACKAY

Christopher V Salisbury and Sandra A Salisbury

Material Change of Use - Dwelling House situated in the Flood and Inundation Overlay

Sonia Cannell

DA-2009-431

11 Rankin Court, ARMSTRONG BEACH

John Quetti Material Change of Use - Oversized Outbuilding

Julie Brook

DA-2009-433

L 700 Schmidtkes Road, OORALEA

Incoll Management Pty Ltd

Reconfiguration of 2 lots into 90 lots - 89 Urban Residential lots plus 1 Park - Sugarfields Estate - Stages 6-10

Leah Sorohan

DA-2009-434

L 609 Mount Bassett Cemetery Road, MACKAY HARBOUR

Alara Queensland Pty Ltd

Material Change of Use - General Industry (Warehouse & Storage Yard)

Shane Kleve

DA-2009-432

9 Mary Street, MIRANI

Sandra C Carpenter Material Change of Use - Oversized Shed

Sonia Cannell

Development Applications Finalised

App No Location Applicant Description Officer Approved Subject to Conditions

DA-2007-579

1 Matsen Street BAKERS CREEK QLD 4740

Schweitzer Investments Pty Ltd

Material Change of Use - Motel (83 single key units and 10 dual key units - 103 Motel Units in total in three (3) Stages)

Andrew Schembri

DA-2009-406

10 King Street NORTH MACKAY QLD 4740

Chris Neale Constructions P/L

Material Change of Use - New Dwelling affected by Flood and Inundation Overlay

Dean Appleton

DA-2009-378

34 Poinciana Avenue SEAFORTH QLD 4741

Troy L Francis Material Change of Use - Residential Storage Shed and Replacement Dwelling. Boundary Relaxation.

Helle Jorgensen Smith

DA-2008-391A

2 David Muir Street SLADE POINT QLD 4740

TJ & WJ Coad Super Fund

Request to Change Conditions of Decision Notice - Material Change of Use - General Industry Use

John Caldwell

DA-2009-418

94 Main Street BAKERS CREEK QLD 4740

Weir & Lewis Pty Ltd

Material Change of Use - Dwelling situated in the Flood and Inundation Overlay

John Caldwell

PTW-2008-1A

L 11 Riverside Drive CREMORNE QLD 4740

Golding Contractors (Mackay) Pty Ltd

To Change the Development Approval other than a Change of Condition for Prescribed Tidal Work -Forgan Bridge Replacement & Duplication Project (Loading & Handling Areas) AND Environmentally Relevant Activity (ERA 19a and 19c - Dredging & ERA 45 - Crushing , Milling and Grinding)

Shane Kleve

DA-2009-352

44 Commercial Avenue PAGET QLD 4740

Steel Master Building Systems Mackay

Extension to General Industry Use Simon Halcrow


MIN/09.12.2009 FOLIO 9214

App No Location Applicant Description Officer DA-2009-404

5 Elizabeth Street SARINA QLD 4737

Brandon C McCowan and Allison L Harding

Material change of use - Oversized Outbuilding

Simon Halcrow

DA-2009-327

1 Tam Court MARIAN QLD 4753

Jade M Sharman Oversized Shed and boundary relaxation

Sonia Cannell

DA-2009-341

7 Tam Court MARIAN QLD 4753

Dustin J Boody Shed in addition to existing shed which together exceed 54m2 and boundary relaxation.

Sonia Cannell

Negotiated Decision

DA-2008-776

44-52 Victoria Street MACKAY QLD 4740

M Construct Pty Ltd

50 Multiple Dwelling Units and Shops

Shane Kleve

Confirmed on Wednesday 16 December 2009.

……………………………………… MAYOR


MIN/09.12.2009 FOLIO 9215


MIN/09.12.2009 FOLIO 9216


MIN/09.12.2009 FOLIO 9217


MIN/09.12.2009 FOLIO 9218


MIN/09.12.2009 FOLIO 9219


MIN/09.12.2009 FOLIO 9220


MIN/09.12.2009 FOLIO 9221


MIN/09.12.2009 FOLIO 9222


MIN/09.12.2009 FOLIO 9223


MIN/09.12.2009 FOLIO 9224


MIN/09.12.2009 FOLIO 9225

APPENDIX / ATTACHMENTS