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2014-12-15 General Committee Agenda
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AGENDA
General Committee
Meeting
Monday, 15 December 2014
commencing at 10am
Council Chambers, 9 Pelican Street, Tewantin
Committee: Crs Tony Wellington (Chair), Bob Abbot, Sandy Bolton,
Joe Jurisevic, Frank Pardon, Noel Playford, Frank Wilkie
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Section 2
GENERAL COMMITTEE MEETING AGENDA 15 DECEMBER 2014
TABLE OF CONTENTS
ITEM PAGE
ATTENDANCE & APOLOGIES -
PRESENTATIONS -
Nil.
ITEMS REFERRED FROM INFRASTRUCTURE & SERVICES COMMITTEE -
1 COUNCIL CABS & FLEXILINK SERVICES REVIEW
(Previously distributed in Infrastructure & Services Committee Agenda, Page 3)
Reason for referral: Infrastructure & Services Committee requested a further
report providing more detailed information on costings, eligibility and criteria
(Further report provided at Item 1, Page 3)
5 WASTE COLLECTION SERVICES POLICY
(Previously distributed in Infrastructure & Services Committee Agenda, Page 23)
Reason for referral: Infrastructure & Services Committee requested a further
report outlining suggested amendments to the Policy
(Further report provided at Item 2, Page 9)
ITEMS REFERRED FROM PLANNING & ORGANISATION COMMITTEE -
5 DEVELOPMENT APPLICATION FOR MATERIAL CHANGE OF USE FOR AN
UNDEFINED USE - TEMPORARY SHORT-TERM SELF-CONTAINED RV STOP
AT 154 HOLTS ROAD, COOROY - MCU14/0060
(Previously distributed in Planning & Organisation Committee Agenda, Page 78)
Reason for referral: Planning & Organisation Committee Councillors suggest a
significant reduction in the length of time for visitor stays.
REPORTS DIRECT TO GENERAL COMMITTEE 3
1 COUNCIL CABS & FLEXILINK SERVICES REVIEW - FURTHER REPORT 3
2 WASTE COLLECTION SERVICES POLICY - FURTHER REPORT 9
3 DEVELOPMENT APPLICATION 132005.220.04 - REQUEST FOR A
PERMISSIBLE CHANGE TO AN EXISTING APPROVAL FOR 22 VILLAGE
INDUSTRY LOTS AT 70 CARPENTERS ROAD, COOROY 15
4 FINANCIAL PERFORMANCE REPORT - NOVEMBER 2014 22
5 NOOSA WATERS LOCK & WEIR LEVY 32
CLOSED SESSION -
Nil.
Page 2 of 36
Section 3
GENERAL COMMITTEE MEETING AGENDA 15 DECEMBER 2014
REPORTS DIRECT TO GENERAL COMMITTEE
1 COUNCIL CABS & FLEXILINK SERVICES REVIEW - FURTHER REPORT
DOCUMENT IN FOR MATI ON
Author Project Officer Joanna Ferris
Planning & Infrastructure Department
Development Officer Kylie Finigan
Community Services
Index ECM\ Subject\ Traffic and Transport
ECM\ Project & Contract\ Council Cabs
ECM\ Project & Contract\ Flexilink
Attachments Nil
EXECUTIVE SUMMARY
Not applicable.
RECOMMENDATION
That Council note the report by the Project Officer and Development Officer to the Infrastructure
& Services Committee Meeting dated 9 December 2014 and the further report to the General
Committee Meeting dated 15 December 2014 and:
A. Discontinue the Boreen Point – Tewantin Flexilink and Council Cabs Services as of 31
January 2015;
B. Agree to partner with ComLink to provide a new transport service commencing 2 February
2015;
C. Adopt the new transport service purpose, service area, fares, service frequency, and
eligibility criteria as detailed in the report;
D. Approve a budget of $80,000 for a one year trial of the new transport service; and
E. Adopt the name “Noosa Council Transport Assist” for the new transport service.
REPORT
The purpose of this report is to provide further information about who would be eligible to use the
proposed Transport Assist service; which users of the Boreen Point-Tewantin Flexilink and
Council Cabs service would not be eligible to use the proposed new service; and details on the
current and projected expenditure of the existing and proposed services.
1. Eligibility
The proposed Transport Assist service is for transport disadvantaged people who require
transport for activities such as medical appointments, job interviews, housing inspections,
shopping or their general well-being.
Page 3 of 36
Section 4
GENERAL COMMITTEE MEETING AGENDA 15 DECEMBER 2014
The process of eligibility will involve a ComLink Mobility officer who will assess each individual on
a case by case basis through a series of questions designed to understand if the individual is
transport disadvantaged.
The following questions are not exhaustive but are intended to assist the Comlink Mobility
assessment officer to gauge the level of transport disadvantage faced by the customer.
1. Do you own a car? Are you able to drive at the moment? If not why?
2. Can you catch public transport? If not why?
3. How are you currently getting to your essential appointments such as medical
appointments, job interviews, housing inspections, shopping etc.?
4. Pensions – What type of pension are you on? Can you afford to own and run a car, catch
public transport, taxi?
5. Do you have any family/friends to assist with your travel arrangements? Can you rely on
them for some of your transport needs?
6. Why do you need to use this service?
Transport disadvantaged people may include:
Frail older people who can no longer drive and have difficulty walking to a bus stop;
People on a low income who require transport to attend job interviews, medical appointments
or rental housing inspections (referrals may come from Human Service Providers and
Employment Service Providers);
A person with a temporary injury that prevents them from driving or catching public transport
(this person would only use the service temporarily);
A person with a disability who has no other transport options available;
A person holding a Pensioner Concession Card with no other transport options available.
People not eligible to use the service would include:
People who have no difficulties accessing public transport;
People who can afford to catch a taxi or use public transport;
People who can afford to own and drive a car.
2. Existing Users and Eligibility
Boreen Point Flexilink
The Boreen Point-Tewantin Flexilink service is currently available for anyone to use. Based on
data from November 2013 – July 2014, 85% of passengers using the Boreen Point-Tewantin
Flexilink service were concession card holders. With the introduction of the new service people
who can afford to own and drive a vehicle will no longer be eligible, however, people who cannot
afford to pay taxi fares, do not own a car or cannot afford petrol, people with a disability, and
people with a temporary injury will continue to be eligible for the service.
Council Cabs
Council Cabs is currently available to people over 60 years of age and people with a disability.
Frail older people who can no longer drive and have difficulty walking to a bus stop would still be
eligible for the new service. Able bodied people over 60 years of age who can afford to own and
drive a car or can easily access public transport would no longer be eligible.
Page 4 of 36
Section 5
GENERAL COMMITTEE MEETING AGENDA 15 DECEMBER 2014
3. Hours of Operation
The proposed Transport Assist service would operate Monday-Friday (ComLink does not operate
on a Saturday) throughout the entire Noosa Council area. It would be normal that people would
arrange for their medical appointments, job interviews, shopping etc. within these days. The
existing Council Cabs service operates on Tuesday, Wednesday and Thursday and the Boreen
Point Flexilink operates Monday-Saturday.
Based on data from July-November 2014 an average of 39 people utilise the Boreen Point
Flexilink service on a Saturday each month.
Table 1: Boreen Point Flexilink -Saturday Usage
Month - 2014 Number of Total
Saturday Passengers
Services
July 4 29
August 5 41
September 4 46
October 4 42
November 5 38
4. Fares
Table 2: Transport Assist – Proposed Fare
Kilometre Fare
1-5km $4
6-10km $6
11-20km $10
21-35km $12
36-50km $15
For comparative purposes, ComLink’s current Home and Community Care (HACC) clients pay
the following fares (effective Dec 2013). However, ComLink does waive the fee if the client is
unable to pay the fare (subsidised through full-fee paying clients).
Table 3: ComLink HACC Client Contribution
Kilometre Fare
1-5km $6
6-10km $7
11-20km $14
21-35km $18
36-50km $25
5. Service Comparison
The proposed Transport Assist service would service transport disadvantaged people throughout
the entire Noosa Council area which would be an improvement on existing service arrangements.
In addition Transport Assist would be available to transport disadvantaged people at times that
suit their requirements as opposed to the fixed times in the existing service schedules.
Page 5 of 36
Section 6
GENERAL COMMITTEE MEETING AGENDA 15 DECEMBER 2014
Table 4: Service Comparison
Service Schedule Eligibility Service Area
Boreen Point 3 return services a day (7.05am, All Boreen Point to Tewantin.
Flexilink 11.05am, 5.25pm)
Mon- Sat
Council Cabs 1 service a day Over 60 or Noosaville
8:30am - 11:30am disability Noosa & Eastern
Tue, Wed, Thur Beaches
Tewantin/Cooroibah
Cooroy and surrounds
Pomona/Cooran
Transport Assist No set schedule - as required by Transport All of Noosa Shire
client Disadvantaged
8:30am – 4:30pm
Mon-Fri
Informal discussions with TransLink, with reference to the addition of the Boreen Point-Tewantin
Flexilink into the TransLink bus network advise that the service:
Does not have sufficient demand;
Does not constitute an urban area; and
Is not considered a high priority compared to the many other potential services in the Noosa
area.
Previous Council Consideration
Infrastructure & Services Committee Meeting, 9 December 2014 – Council Cabs & Flexilink
Service Review.
Ordinary Meeting Minutes, 25 September 2014 – Defer to a future round.
Infrastructure & Services Committee Meeting, 16 September 2014 – Council Cabs
Eligibility Criteria.
Infrastructure & Services Committee Meeting, 16 September 2014 – Boreen Point-
Tewantin Flexilink Service.
Ordinary Meeting Minutes, 31 July 2014 – Defer Council Cabs to future round.
General Committee Meeting, 28 July 2014 - Further Report Council Cabs Review.
Infrastructure & Services Committee, 22 July 2014 - Council Cabs Review 2014.
Public Transport Levy adopted in 2014/15 Budget.
Ordinary Meeting Minutes, 6 March 2014 - Cessation of the Lake Macdonald to Cooroy
Flexilink trial service
Finance & Risk
Council Cabs and the Boreen Point-Tewantin Flexilink service are currently funded by the Public
Transport Levy. Due to the pending review of these services, a specific budget has not been
allocated for these services for the 2014/15 financial year but overall funding has been provided
for public transport purposes. In addition there has been no marketing or promotion of these
services (new brochures have not been printed, no letter box drops, no newspaper
advertisements etc.). Staff wages are not included in service expenditure.
Tables 5 and 6 below detail expenditure for the Boreen Point Flexilink and Council Cabs from
July to November 2014. Based on the July to November 2014 expenditure, the forecast annual
expenditure for Boreen Point Flexilink is $61,348 and $11,557 for Council Cabs.
Page 6 of 36
Section 7
GENERAL COMMITTEE MEETING AGENDA 15 DECEMBER 2014
Table 5: Boreen Point Tewantin Flexilink Service - July-Nov 2014 Expenditure
Month 2014 Amount (excl GST)
July $4,938.69
August $4,959.52
Sept $5,165.52
Oct $5,656.29
Nov $4,841.51
Total $25,561.53
Monthly Avg $5,112.31
Est Annual $61,348
Table 6: Council Cabs - July-Nov 2014 Expenditure
Month 2014 Amount (excl GST)
July $929.03
August $808.62
Sept $901.98
Oct $1,173.61
Nov $1,002.35
Total $4,815.59
Monthly Avg $963.12
Est Annual $11,557
Based on the January-June 2014 budget allocation, the projected annual budget for the Boreen
Point Flexilink is $72,000 and $14,000 for Council Cabs.
Table 7: January-June 2014 Budget & Expenditure
Service Jan-Jun 2014 Jan-Jun 2014
Budget Actual Expenditure
Flexilink $36,000 $32,314.4
Council Cabs $7,000 $5,311.69
The proposed new service would have an annual budget of $80,000 and would be funded by the
Public Transport Levy. Table 8 below details the anticipated total expenditure for the Public
Transport Levy.
Table 8: Public Transport Levy
Description Total
Opening balance at 1 July 2014 $1,209,940
Public Transport Levy $596,000
Less actual/committed expenditure:
Boreen Point Flexilink (7 month forecast to 31 $36,000
January)
Council Cabs (7 month forecast to 31 January) $7,000
Proposed ComLink Service (5 months) $34,000
Xmas/Easter Free Holiday Buses (expected costs) $120,000
Electric Buses Trial (expected costs) To be advised at the meeting
Total actual/committed expenditure: $197,000
Closing Balance $1,608,940
Page 7 of 36
Section 8
GENERAL COMMITTEE MEETING AGENDA 15 DECEMBER 2014
Consultation
External Consultation - Community & Stakeholder
Previously consulted with passengers (refer to earlier reports)
Internal Consultation
Nil
Departments/Sections Consulted:
x Community Services x Planning & Infrastructure
Disaster Management & Public Order Building & Plumbing Services
Waste & Environmental Health DA Planning
Community Facilities Strategic Land Use Planning
Cultural Facilities Asset Design & Investigations
Asset Planning
Civil Operations
Environment
Executive Office x Corporate Services
Community Engagement x Finance
Customer Service ICT
Executive Support Procurement & Fleet
Governance Property & Facilities
Human Resources Revenue Services
Page 8 of 36
Section 9
GENERAL COMMITTEE MEETING AGENDA 15 DECEMBER 2014
2 WASTE COLLECTION SERVICES POLICY - FURTHER REPORT
DOCUMENT IN FOR MATI ON
Author Waste Coordinator, Douglas Barnes
Community Services Department
Index ECM/ Subject/ Policies/ Waste Collection
Attachments 1. Noosa Council Policy - Waste Collection Services (Amended)
EXECUTIVE SUMMARY
Not applicable.
RECOMMENDATION
That Council note the report by the Waste Coordinator to the Infrastructure and Services
Committee Meeting dated 9 December 2014 and the further report to the General Committee
Meeting dated 15 December 2014 and:
A. Rescind the existing Waste Collection Services Policy that transferred to the Noosa Council
from the Sunshine Coast Council under the Local Government (De-amalgamation
Implementation) Regulation; and
B. Approve the amended Noosa Council Waste Collection Services Policy provided as
Attachment 1 to the further report.
REPORT
A report on this matter was considered by the Infrastructure and Services Committee on 9
December 2014. During the discussions at the meeting, a number of amendments to the draft
policy were suggested. The amendments involved simplification of the Table “Minimum Waste
Collection Services” and some minor wording changes to clarify the policy.
Previous Council Consideration
Infrastructure and Services Committee Meeting, 9 December 2014.
Finance & Risk
Nil.
Consultation
External Consultation - Community & Stakeholder
Nil.
Internal Consultation
The Policy has been discussed with Environmental Health, Customer Service, DA Planning and
Waste Management staff
Page 9 of 36
Section 10
GENERAL COMMITTEE MEETING AGENDA 15 DECEMBER 2014
Departments/Sections Consulted:
X Community Services X Planning & Infrastructure
Disaster Management & Public Order Building & Plumbing Services
X Waste & Environmental Health X DA Planning
Community Facilities Strategic Land Use Planning
Cultural Facilities Asset Design & Investigations
Asset Planning
Civil Operations
Environment
X Executive Office Corporate Services
Community Engagement Finance
X Customer Service ICT
Executive Support Procurement & Fleet
x Governance Property & Facilities
Human Resources Revenue Services
Page 10 of 36
Section 11
GENERAL COMMITTEE MEETING AGENDA 15 DECEMBER 2014
ATTACHMENT 1
Page 11 of 36
GENERAL COMMITTEE MEETING AGENDA 15 DECEMBER 2014
ATTACHMENT 1
| @ NOOSA Noosa Council Policy
i Keele ete Waste Collection Services
Corporate Plan Reference: Goal Setting Policy and Strategy
Key Focus Waste Management Strategy
Endorsed by Council: 18 December 2014
Policy Author: Manager Waste and Environmental Health Branch
POLICY BACKGROUND & SCOPE
The purpose of this policy is to set out the minimum service levels for waste and recycling
collection services and to define the criteria for exemption of a waste service and the provision of
an infirm waste service.
COUNCIL POLICY
Waste collection is an essential service provided by council. Council has a legal obligation to
provide a waste collection service in order to minimise health risks and ensure that waste is
disposed of in an environmentally responsible manner.
Council has determined criteria for the following:
e Minimal service levels for waste and recycling collections
e Exemption from a waste and recycling collection service and
e Provision of a waste and recycling service for infirm persons.
MINIMUM WASTE COLLECTION SERVICES
All premises within the area serviced by the Waste Collection Contractor, (where the collection
vehicle passes the property), must receive a minimum waste collection service, unless exempted
from service as detailed under this policy. The minimum waste collection service is determined by
the type of premises as detailed below.
Premise Type Bin size Service
Frequency
Single Residential Waste
1x 240L waste bin Weekly
Recycling
1x 240L recycling bin Fortnightly
Page 11 of 36Section 12
GENERAL COMMITTEE MEETING AGENDA 15 DECEMBER 2014
Page 12 of 36
GENERAL COMMITTEE MEETING AGENDA 15 DECEMBER 2014
Noosa Council Policy — Waste Collection Services
Frequenc
Multiple Housing & Waste
Visitor Accommodation 1 x 240L waste bin per two dwelling units. Weekly
Or
Bulk waste bin, 120L volume per unit. Weekly
Recycling
1 x 240L recycling bin per two dwelling units. Fortnightly
Or
Bulk recycling bin, 120L volume per unit. Fortnightly
Or
Bulk recycling bin/s to provide a volume of, 60L Weekly
per single dwelling unit per week.
Caravan Park / Waste
Portable Cabins 1 x 240L waste bin per 4 cabins or caravan sites. | Weekly
Or
Bulk waste bin/s to provide storage capacity of Weekly
60L per site per week.
Recycling
1 x 240L recycling bin per 4 cabins or caravan Fortnightly
sites.
Or
Bulk recycling bin to provide storage capacity of Fortnightly
60L per site.
Commercial/ Industrial Waste
1 x 240L waste bin per commercial or Industrial Weekly
unit.
Or
Bulk waste bin/s to provide storage capacity of Weekly
240 L per commercial/industrial unit per week.
Recycling
1 x 240L recycling bin per commercial or Fortnightly
Industrial unit.
Or
Bulk recycling bin/s to provide storage capacity of | Fortnightly
240L per commercial/industrial unit.
Food Premises Waste Twice
1 x 240L Waste bin per food premise. Weekly
Recycling
2 x 240L Recycling bin per food premise. Fortnightly
Page 2
Page 12 of 36Section 13
GENERAL COMMITTEE MEETING AGENDA 15 DECEMBER 2014
Page 13 of 36
GENERAL COMMITTEE MEETING AGENDA 15 DECEMBER 2014
Noosa Council Policy —- Waste Collection Services
ADDITIONAL SERVICE CAPACITY
Where waste production regularly exceeds the capacity of the minimum service, Council will
require the owner to provide additional bins or increase the service collection frequency to remove
all the waste that is generated on the premises.
INFIRM SERVICES
1. An infirm resident who can store their waste and recycling bins within 60 metres of the front
street alignment of the property will be eligible for the provision of an infirm waste collection
service, on completion of the approved application form.
2. — The application form is to include certification by a medical practitioner to confirm the infirm
status of the resident.
3. — An infirm service will not be provided where there is another person residing at the premises
who is capable of placing the bins near the front property alignment for servicing.
EXEMPTION FROM A WASTE COLLECTION SERVICE
A property owner can apply for an exemption from a waste collection service where one or more of
the following criteria apply.
1. | The property is located on an easement or roadway which is not accessible by the waste
contractor’s vehicle.
2. Arural property residence is a considerable distance from the front road alignment and there
is no location on the property near the front alignment to store the bins between service
days, due to the topography of the land.
3. In arural area there is no safe position for servicing bins on collection days without causing a
traffic hazard,
(i.e. sharp bends, crests, one lane road).
Note: - In relation to items 1, 2 and 3 above, a cluster bin service near the applicant’s
residence will be assessed by council as an alternative. Exemption will only be allowed if a
cluster bin service is considered to be impractical.
4. The resident is infirm - elderly, unwell or physically unable to place the bins on the kerb for
service or provide the bins within 60 metres of the front alignment of the property, to receive
an infirm service. There is no other person residing at the premise that can assist with
placing the bin out for servicing.
5. The premises are being demolished or will be vacant for a full year and will not be
intermittently occupied, or offered for sale or rent.
Applications for service exemption will be assessed by an authorised officer of council's Waste
Management Section.
SERVICE EXEMPTION PROCEDURE
1. A service exemption request is not required for remote premises that are not within the area
serviced by the waste collection contractor.
2. Where a service exemption is requested for serviceable premises, a request for an exemption
from a waste collection service must be made on the approved application form and is to
address the exemption criteria mentioned above.
3. Should exemption from a waste service be approved, waste from the premise must be
disposed of at an approved council waste disposal facility.
Page 3
Page 13 of 36Section 14
GENERAL COMMITTEE MEETING AGENDA 15 DECEMBER 2014
Page 14 of 36
GENERAL COMMITTEE MEETING AGENDA 15 DECEMBER 2014
Noosa Council Policy - Waste Collection Services
DEFINITIONS
Bulk bin. A large commercial bin greater in capacity than a 240 litre or 360 litre Mobile Garbage
Bin (MGB) which may or may not have wheels.
Cluster Bin Service. A group of one or more bins located in a strategic location such as on road
reserve where the bin/s can be serviced by the collection contractor. Cluster bin services are
provided at the discretion of council staff.
Waste service: Council's collection of waste from premises within the defined waste collection
area provided by a waste contractor.
RELATED POLICIES AND LEGISLATION
Waste Reduction and Recycling Act 2011
Environmental Protection Regulations 2008
Noosa Council Planning Scheme Policy No 9
Page 4
Page 14 of 36Section 15
GENERAL COMMITTEE MEETING AGENDA 15 DECEMBER 2014
3 DEVELOPMENT APPLICATION 132005.220.04 - REQUEST FOR A PERMISSIBLE
CHANGE TO AN EXISTING APPROVAL FOR 22 VILLAGE INDUSTRY LOTS AT 70
CARPENTERS ROAD, COOROY
DOCUMENT IN FOR MATI ON
Author Oddbjorn Ludvigsen
Planning & Infrastructure Department
Index ECM/ Application/ 132005.220.04
Attachments 1. Locality Plan
2. Approved Plan
APPLICATION DETAILS
Applicant Noosa Council
Proposal Request for a Permissible Change to a condition of Approval
Properly Made Date 12 November 2014
Number of Submissions for 19 properly made submissions (3 supportive of the proposal and 16
Original Application objecting) were received
PROPERTY DETAILS
Property Address 70 Carpenters Road, Cooroy
RP Description Lot 1 SP 248288
Land Area 10.87 ha
Existing Use of Land Vacant
STATUTORY DETAILS
SEQRP Designation Urban Footprint
Locality Cooroy & Lake Macdonald
Zone Industry, Detached Housing, Rural
Assessment Type Permissible Change
RECOMMENDATION
That Council note the report by the Infrastructure Assessment Officer to the General Committee
Meeting dated 15 December 2014 regarding Application No. 132005.220.04 for a Permissible
Change to the existing approval situated at 70 Carpenters Road, Cooroy and approve the
request with the following changes:
Page 15 of 36
Section 16
GENERAL COMMITTEE MEETING AGENDA 15 DECEMBER 2014
In relation to the request to make a change to the existing approval, Council decided to:
A. Change Condition 114 to read:
Contributions Towards Council Infrastructure
114. Monetary contributions shall be paid to Council towards the cost of providing and/or
upgrading various infrastructure at the rates applicable at the time of payment. An
estimate only of the contribution amounts under the current Council policies and
requirements is outlined in the table below:
Stage 1 Stage 2 Stage 3
Contribution Required For: Amount Amount Amount
(Lots 6,7 & 8) (Lots 10 to 26) (Lots 9 & 27)
PSP17 – Water Supply Headworks
$ 25,135 $ 191,289 $ 22,264
Contributions
PSP16 – Sewerage Headworks
$ 11,253 $ 85,641 $ 9,968
Contributions
PSP12 – Public Open Space Contributions
$ 8,630 $ 65,665 $ 7,643
(Park)
PSP20 – Pathway Trunk Network
$ 13,179 $ 100,281 $ 11,672
Contributions
Roadworks Contributions (including public
$ 28,000 $ 213,506 $ 24,798
transport)
TOTAL Contribution Amount = $ 86,197 $ 656,382 $ 76,345
These amounts are subject to variations in the Consumer Price Index, All Groups Brisbane
from September 2014 until the date of payment.
All contributions must be paid prior to Council endorsement of the plan of survey for
the applicable stage.
B. Change Advisory Note 1 to read:
1. The applicant is advised that development contributions and infrastructure charges
applicable to this development approval have been based on the following estimates
for Uses Class/ Uses and applicable quantities in accordance with the approved
plan:-
Existing
Approved Development
Development
Use Quantity
Use Class
Class Quantity Stage 1 Stage 2 Stage 3
/ Use
/ Use (Lots 6,7 & 8) (Lots 10 to 26) (Lots 9 & 27)
One Industrial
17 x Industrial
Vacant Vacant Business 3 x Industrial Lots 2 x Industrial Lots
Lots
Allotment Type 2
Water & Sewerage Headworks
38,578 m2 lot
contributions based on the lot 5,069 m2 lot area 4,490 m2 lot area
area
areas per the approved plan =
Open Space, Pathway &
Roadworks contributions based
2,028 m2 gfa 15,431 m2 gfa 1,796 m2 gfa
on 40% site cover of the lots per
the approved plan =
Note: Lots 50, 100, 101 & 102 are not current developable lots and have not been subjected to
infrastructure contributions/charges. Nil infrastructure contributions/charges discounts (credits)
are available should future development occur on these lots.
Page 16 of 36
Section 17
GENERAL COMMITTEE MEETING AGENDA 15 DECEMBER 2014
REPORT
1. PROPOSAL
The application seeks approval for a permissible change to the original development. The
changes involve an amendment to Condition 114, Contributions to Council Infrastructure to:
Allow for the provision of staged payments of the contributions to align with the staging in
accordance with the approved plan; and
Review the Roadwork contribution amount which is not seen to be fair or reasonable and
believed to be overly excessive for this development.
2. SITE DETAILS
2.1. Background
On the 18 January 2010, Council issued the following type of approvals:
A Preliminary Approval to Override the Planning Scheme for 22 Village Industry Lots; and
Development Permit for Reconfiguration a Lot (22 Village Industry Lots, a Balance Lot,
Drainage reserve and Park Lots).
At the time the original application was publicly notified, 19 properly made submissions (3
supportive of the proposal and 16 objecting) were received.
On the 16 December 2011, Council issued a permissible change to amend the layout of
proposed lots 6, 7 & 8.
On the 11 September 2013, Council issued an extension to relevant period, with the approval set
to expire on the 24 February 2016.
The Locality Plan and existing Plan of Development are included as Attachment 1 & 2.
3. ASSESSMENT
The applicant has requested to make a change to a development approval under s369 of the
Sustainable Planning Act 2009. A request to change a development approval under s369 can
only be made in circumstances where that change would constitute a ‘permissible change’.
The proposed change to the development approval requested by the applicant is determined to
constitute a permissible change on the grounds that:
The change would not result in a substantially different development because the proposal
does not increase the number of proposed lots;
The Department of Natural Resources & Mines were an initial Concurrence Agency. The
State Assessment Referral Agency advised on the 17 November 2014 they have no
objection to the change;
Unitywater advised on 19 November 2014 they are agreeable to the request to include a
provision for staged payments of infrastructure contributions in line with the approved
staging.
The original application was impact assessable. It is unlikely any new or different
submissions would be received if the application were re-made and publicly notified; and
The change would not cause the approval to involve prohibited development.
Page 17 of 36
Section 18
GENERAL COMMITTEE MEETING AGENDA 15 DECEMBER 2014
Applicant’s Request 1: Staging of Contributions
That the contributions towards council infrastructure in Condition 114 include a provision for
staged payments of the contributions in line with the approved staging of the development per
the approved plan:
Stage 1 – Lots 6, 7, 8 & Balance Lot 5
Stage 2 – Lots 10-26, 100,101 & 102 & Balance Lot 5
Stage 3 – Lots 9, 27, 50 & Balance Lot 5
Construction of Stage 1 of the development commenced in January 2013 and reached practical
completion in June 2013. The final survey provides for the establishment of 3 lots for sale by
Council.
Prior to the survey plan being sealed for a development, payment of contributions towards
Council infrastructure is required in accordance with the development approval conditions. The
infrastructure contributions payable for the entire development is approximately $3,058,218
(subject to annual indexation).
Currently upon sealing of the survey plan for stage 1 Council will be required to pay the total
infrastructure charges for the whole development (i.e. all stages 1 to 3 for 22 lots).
It is reasonable that the payment of the contributions towards infrastructure be aligned with the
completion of each stage of the development.
Assessment of Request
Review of the development approval indicates that the staging was included in the approved
plans but was not correctly translated across to the contribution condition. Further changes to the
approval included amendments to the plans and specified lot areas which have also not been
captured and updated in the contribution condition.
In accordance with the legislation, payment of infrastructure contributions are only required to be
made for development when completed and it is therefore agreeable to amend the condition to
provide for staged payments in accordance with the details of the current approved plan. This
approach is also consistent with other staged development approvals.
Applicant’s Request 2: Roadworks Contribution
A review the Roadworks Contribution is requested as the amount of the contribution is not seen
to be fair or reasonable and far excessive of previous contributions issued for other approvals,
particularly in comparison to charges applicable under the current legislation.
It appears that the assessment has been undertaken differently compared to the other PSP
network contributions. It is requested that the contributions be reviewed and application of the
road contribution be applied on the same basis for other Council owned networks i.e. to be based
on 40% site cover.
Assessment of Request
The condition currently requires a roadwork contribution of $2,573,176 as at the September 2014
Consumer Price Index ($135 per m2 or $117,000 per lot) and is considerably greater than
contributions applied to other previous and current industrial development approvals (ranging
from $10 to $50 per m2 or $9,300 per lot).
Page 18 of 36
Section 19
GENERAL COMMITTEE MEETING AGENDA 15 DECEMBER 2014
The calculation of the roadworks contribution was applied using the former rural roadworks
contributions methodology which was based on estimating the cost of planned roadworks in the
area including works well beyond the site and apportioning that to the development This could be
considered contrary to the Priority Infrastructure Planning and Charging principles under the
“Sustainable Planning Act 2009” at that time and also now under the current Adopted
Infrastructure Charges Regime. For comparison, the estimated “transport” charge (Roads,
Pathways & Public Transport networks) under the former draft Infrastructure Charges Schedule
(ICS) of the Priority Infrastructure Plan (PIP) and/or current Adopted Infrastructure Charges
Resolution (AICR) would be in the range of $285,000 to $320,000 based on 40% site cover of the
industrial lots created.
It is therefore considered reasonable that the roadwork contribution be amended to closer align
with the potential demand that may be generated by the development use of the lots by applying
the identical basis used in determining contributions for Council’s other networks. By applying
charges on a uniform 40% site cover basis, it will also alleviate any future discount (credit) issues
that would otherwise arise when further development of the lots occur.
By applying a 40% site cover basis and Council’s Resolution of 6 February 2014, the roadworks
contribution (including a public transport component) will amount to $266,304 with contributions
for all networks totalling $818,924 which is comparable to both the former Infrastructure Charges
Schedule and current Adopted Infrastructure Charges Resolution.
4. CONCLUSION
The applicant’s request for an amendment to Condition 114 to allow for staged payments of the
contributions in accordance with the approved plan and a reduction in the roadworks
contributions is supported. An amendment to Advisory Note 1 will also be required to detail the
basis of the amended contributions and for applying discounts (credits) in future development
applications.
Departments/Sections Consulted:
Community Services X Planning & Infrastructure
Disaster Management & Public Order Building & Plumbing Services
Waste & Environmental Health DA Planning
Community Facilities Strategic Land Use Planning
Cultural Facilities Asset Design & Investigations
Asset Planning
Civil Operations
Environment
Executive Office Corporate Services
Community Engagement Finance
Customer Service ICT
Executive Support Procurement & Fleet
Governance Property & Facilities
Human Resources Revenue Services
Page 19 of 36
Section 20
GENERAL COMMITTEE MEETING AGENDA 15 DECEMBER 2014
ATTACHMENT 1: Locality Plan
Page 20 of 36
GENERAL COMMITTEE MEETING AGENDA 15 DECEMBER 2014
ATTACHMENT 1: Locality Plan
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Page 20 of 36Section 21
GENERAL COMMITTEE MEETING AGENDA 15 DECEMBER 2014
ATTACHMENT 2: Approved Plan
Page 21 of 36
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GENERAL COMMITTEE MEETING AGENDA 15 DECEMBER 2014
4 FINANCIAL PERFORMANCE REPORT - NOVEMBER 2014
DOCUMENT IN FOR MATI ON
Author Manager Financial Services, Wayne Jensen
Corporate Services Department
Index ECM / Subject / 22.09 – Monthly Exception Report
Attachments 1. Statement of Comprehensive Income
2. Capital Works Schedule
EXECUTIVE SUMMARY
Overall financial performance as at 30 November 2014 shows a favourable year to date variance,
and it should be noted that budget review changes have been included in comparative budget
figures.
Summary Financial Performance Statements
Current Budget Actual Variance
YTD YTD YTD
$ $ %
Total Operating Revenue 39,289,080 40,026,240 1.9%
Total Operating Expense 33,139,363 32,351,693 2.4%
Operating Result 6,149,717 7,674,547 24.8%
Capital Revenue 2,022,553 2,297,478 13.6%
Net Result 8,172,270 9,972,025 22.0%
Capital Works Program
YTD Actual Expenditure $2,866,987
Remaining Capital Expenditure $22,028,107
Full Year Budgeted Expenditure $24,895,093
RECOMMENDATION
That Council note the report by the Manager Financial Services to the General Committee
Meeting dated 15 December 2014 providing the November monthly financial performance report.
REPORT
Each month a full review of Council’s financial performance against budget is undertaken to
highlight any variances, to ensure tight budgetary control, and to identify opportunities and risks
that may have arisen during the period.
Page 22 of 36
Section 23
GENERAL COMMITTEE MEETING AGENDA 15 DECEMBER 2014
1. Operating Position
The year to date operating result is generally in accordance with the forecast position. Income
has exceeded budget predictions in some key areas, and overall expenditure has been less than
forecast to date, with significant variances discussed below. The accumulated surplus for the
year to date is $9.97m compared to a forecast of $8.17m.
30,000 30,000
25,000 25,000
20,000 20,000
15,000 15,000
$,000
10,000 10,000
5,000 5,000
0 0
Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun
(5,000) (5,000)
(10,000) (10,000)
Budget Accum Actual (RHS) Accum Budget (RHS) Actual
2. Operating Revenue
Operating revenue is generally in accordance with budget forecasts, with a moderate favourable
variance shown.
40,000 120,000
35,000
100,000
30,000
80,000
25,000
$,000
20,000 60,000
15,000
40,000
10,000
20,000
5,000
0 0
Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun
Budget Actual Accum Budget (RHS) Accum Actual (RHS)
Detailed commentary for significant items appears below:
Rates – generally as per original forecasts, although some minor alterations to the general
rates budget will be considered as part of the December quarter review.
Page 23 of 36
Section 24
GENERAL COMMITTEE MEETING AGENDA 15 DECEMBER 2014
Fees and Charges – development related activity and search fees remain ahead of forecasts,
but this is offset by lags in some other business areas, with all areas subject to ongoing
review and possible adjustments to budgets in the next major review.
Interest Received – remains ahead of forecasts due to higher levels of cash available for
investment (will be revised as part of the December quarter budget review).
Grants and Subsidies – will continue to be monitored with further changes possible as part of
the next quarterly budget review.
Other Revenue – generally in accordance with budget predictions, with sale of recyclables
showing favourable variances (some areas of variance have been included with the
September quarter budget review).
3. Operating Expenses
Operating expenditure is generally below forecast levels and shows an accumulated favourable
variance of $788k.
12,000 120,000
10,000 100,000
8,000 80,000
$,000
6,000 60,000
4,000 40,000
2,000 20,000
0 0
Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun
Budget Actual Accum Budget (RHS) Accum Actual (RHS)
Detailed commentary for significant items appears below:
Employee Costs – YTD actuals are slightly less than budgeted, with variances to be
considered with the December quarter budget review.
Materials and Services – contract services are behind budgeted levels, and will continue to
be monitored for possible review with the December quarter review.
Finance Costs – generally in accordance with budget.
Other Expenses – generally in accordance with budget.
Page 24 of 36
Section 25
GENERAL COMMITTEE MEETING AGENDA 15 DECEMBER 2014
4. Capital Works Program
Year to date capital expenditure is $2.9 million against a revised (YTD) budget of $3.6 million.
10,000,000 30,000,000
8,000,000
25,000,000
6,000,000
20,000,000
4,000,000
2,000,000 15,000,000
0
Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun 10,000,000
-2,000,000
5,000,000
-4,000,000
-6,000,000 0
Budget Actual Accum Budget (RHS) Accum Actual (RHS)
The dip in the October budget represents the change in the budget expenditure profile whereby
projects have been reallocated from the first 3 months across the remaining 9 months of the
year. Managers will be required to re-forecast the delivery of the capital works program as part of
the December quarter budget review with a priority on delivery of the agreed program prior to 30
June 2015.
Detailed discussion of progress in the delivery of the capital works program is provided to the
Infrastructure and Services Committee. The attached schedule of capital works shows the
specific financial performance for each program.
Page 25 of 36
Section 26
GENERAL COMMITTEE MEETING AGENDA 15 DECEMBER 2014
5. Cash Management and Investment Performance
Council funds are invested in accordance with the adopted Investment Policy. Total cash on
hand as at 30 November 2014 was $54 million, with the portfolio split across the following
agencies. The graph on the right shows the current risk profile using industry credit ratings.
Bendigo
7%
A2
7%
Westpac
22%
A1+
QTC (Other) A1+
52% 41% (QTC)
CBA 52%
19%
Due to higher than estimated cash balances, the actual interest revenue for the month was
$153,435 with a weighted average yield of 3.26% against the industry benchmark (UBS Bank Bill
Index) of 2.77%.
Previous Council Consideration
Nil.
Finance & Risk
Strategic and operational risks are assessed for all significant variances to determine appropriate
actions. At this stage of the financial year there are no significant risks identified, however,
potential areas for ongoing monitoring include:
Delivery of the capital works program (i.e. potential risk on Council service delivery);
State and Federal Government grant programs (i.e. potential risk of funding reductions); and
Implications regarding the final cash asset transfer from Sunshine Coast Council (risk of
funding reductions).
Consultation
External Consultation - Community & Stakeholder
Nil.
Internal Consultation
All areas of Council are consulted as part of the regular monitoring of budget performance.
Page 26 of 36
Section 27
GENERAL COMMITTEE MEETING AGENDA 15 DECEMBER 2014
Departments/Sections Consulted:
x Community Services x Planning & Infrastructure
Disaster Management & Public Order Building & Plumbing Services
Waste & Environmental Health DA Planning
Community Facilities Strategic Land Use Planning
Cultural Facilities Asset Design & Investigations
Asset Planning
Civil Operations
Environment
x Executive Office x Corporate Services
Community Engagement Finance
Customer Service ICT
Executive Support Procurement & Fleet
Governance Property & Facilities
Human Resources Revenue Services
Page 27 of 36
Section 28
GENERAL COMMITTEE MEETING AGENDA 15 DECEMBER 2014
ATTACHMENT 1
Page 28 of 36
ATTACHMENT 1
Noosa Council
Statement of Comprehensive Income
For the Year Ended 30 June 2015
As at 30-Nov-2014
Budget Budget Actual Percentage
2015 YTD YTD Annual Budget
$ $ $ %
Revenue
Recurrent Revenue
Rates, levies and charges 60,515,037 29,667,644 29,715,845 49%
Fees and charges 9,516,517 4,215,694 4,647,068 49%
Rental income 2,065,092 - - 0%
Interest received 4,467,000 1,490,833 1,601,598 36%
Tax equivalents 775,526 87,949 87,949 11%
Profit from investments - - -
Other income 3,153,027 1,402,948 1,522,780 48%
Grants, subsidies, contributions and donations 5,484,054 2,424,012 2,451,000 45%
85,976,253 39,289,080 40,026,240 47%
Expenses
Recurrent Expenses
Employee benefits 27,728,265 11,063,633 10,997,336 40%
Materials and services 38,093,683 13,570,411 12,933,021 34%
Finance costs 2,524,711 1,153,529 1,065,753 42%
Depreciation and amortisation 17,523,468 7,301,445 7,301,445 42%
Other expenses 84,000 50,344 54,139 64%
85,954,128 33,139,363 32,351,693 38%
Operating Result 22,124 6,149,717 7,674,547
Capital Revenue
Capital contributions and donations 1,843,100 767,958 892,887 48%
Grants, subsidies, contributions and donations 2,810,000 1,132,678 1,311,678 47%
Other capital revenue 427,000 121,917 92,913 22%
Capital Expenses
Capital Expenses - - -
Net Result 5,102,224 8,172,270 9,972,025
Other Comprehensive Income
Increase / (decrease) in asset revaluation surplus - - -
Other Comprehensive Income - - -
Total Other Comprehensive Income - - -
Total Comprehensive Income 5,102,224 8,172,270 9,972,025
Page 28 of 36Section 29
GENERAL COMMITTEE MEETING AGENDA 15 DECEMBER 2014
ATTACHMENT 2
Page 29 of 36
Noosa Council
Capital Works Schedule
As at: 30-Nov-2014
Forward design for bridge rehab program 0 10,500 10,500 100.00%
Noosa Parade Munna Point Bridge - Investigations and interim 0 185,100 6,913 3.73%
Whole of Shire - annual bridge inspect 20,000 20,000 17,040 85.20%
Noosaville - Munna Point Bridge Stage 2 1,401,000 1,401,000 3,518 0.25%
Total Bridges 1,421,000 1,616,600 37,971 2.35%
David Low Way, Beach Access 49 refurbishment 0 0 400 0.00%
Gympie Terrace and William Street Revetment wall and pathway 0 37,100 3,600 9.70%
Noosa Dog Beach SEMP Coastal monitoring 0 0 0 0.00%
Noosa Waters revetment walls - Stage 2a 0 47,000 46,910 99.81%
Noosaville - Gympie Tce / Williams St 40,000 60,000 0 0.00%
Sunshine Beach - beach access 35 65,000 65,000 24,460 37.63%
Teewah Beach - southern dunal restore 20,000 20,000 14,656 73.28%
Noosaville - Gympie Tce Foreshore 80,000 80,000 0 0.00%
Noosa Main Beach - Sand pumping pipe 50,000 50,000 0 0.00%
Noosa Waters - scour protection stage 2b 1,250,000 1,400,000 894,337 63.88%
Munna Point Foreshore Stabilisation 0 60,000 0 0.00%
Total Coastal Canals and Waterways 1,505,000 1,819,100 984,363 54.11%
Pomona Cemetery - niche wall 7,500 7,500 0 0.00%
Tewantin Cemetery - concrete beam 5,500 5,500 3,290 59.82%
Total Cemeteries 13,000 13,000 3,290 25.31%
Peregian Beach Land Acquistion 0 750,000 83,391 11.12%
Total Commerical Land and & Property 0 750,000 83,391 11.12%
Peregian Surf Club Public Amenities - Planning & Design 0 14,800 0 0.00%
Noosa Leisure Centre — design and detail 10,000 10,000 421 4.21%
Kookaburra Park Public Amenities 55,000 55,000 945 1.72%
Mill Place Boiler House - stage 2 100,000 100,000 180 0.18%
Noosa Aquatic Centre - pool cleaner 20,000 13,352 13,352 100.00%
Noosa Leisure Centre - concertina door 25,000 25,000 0 0.00%
Noosa Library and NLC Plumbing 40,000 40,000 0 0.00%
Sunshine Beach Skate Park - block wall 22,500 22,500 0 0.00%
Whole of Shire - community light poles 155,000 155,000 0 0.00%
Whole of Shire- public toilet / sewerage 35,000 0 0 0.00%
Cooroy Butter Factory - condition assess 5,000 5,000 0 0.00%
Noosa Leisure Centre -upstairs flooring 60,000 60,000 0 0.00%
Noosa Regional Gallery - access 45,000 45,000 0 0.00%
Noosa Respite Centre - internal refurb 150,000 150,000 0 0.00%
Noosa Heads - lifeguard storage survey 75,000 75,000 0 0.00%
Tait Duke House - relocation 80,000 80,000 715 0.89%
Noosa Aquatic Centre 50m Pool Blanket Winch 0 7,710 7,710 100.00%
Cooroy Library Tactile Marker Placement 0 9,339 0 0.00%
Total Community Facilities 877,500 867,700 23,323 2.69%
Tewantin Admin Building - Chambers Fitout 0 0 687 0.00%
Tewantin Council Office - roof rehab 30,000 30,000 0 0.00%
Noosaville Depot - replace generator 60,000 60,000 0 0.00%
Total Corporate Buildings 90,000 90,000 687 0.76%
Purchase of Biodiversity Land 0 0 145 0.00%
Cudgerie - Cedar Gully Pk water feature 22,000 22,000 41,796 189.98%
Noosa Trail Network 4 - bridge refurbish 40,000 40,000 0 0.00%
Noosa Trail Network 4 - Ringtail Creek 7,000 7,000 697 9.96%
Weyba Creek - bank erosion restoration 220,000 20,000 101 0.50%
Page 29 of 36Section 30
GENERAL COMMITTEE MEETING AGENDA 15 DECEMBER 2014
Page 30 of 36
Original Current Year To Date % of Annual
Project Budget Budget Actual Budget Spent
Total Environmental Assets, Bushland, Tracks and Trails 289,000 89,000 42,739 48.02%
Fleet - Plant Replacement
Whole of Shire - replace council fleet 1,735,000 1,735,000 115,622 6.66%
Total Fleet - Plant Replacement 1,735,000 1,735,000 115,622 6.66%
Gravel Road Network
Whole of Shire - gravel resheeting 410,000 410,000 133,347 32.52%
Total Gravel Road Network 410,000 410,000 133,347 32.52%
Holiday Parks
Noosa Nth Shore Holiday Park - Upgrade Septic treatment 0 11,700 0 0.00%
Boreen Point Campground - wastewater 60,000 60,000 9,756 16.26%
Noosa River Holiday Pk- Internal refurb 75,000 75,000 0 0.00%
Boreen Point Tennis Courts Renewal Stage | 0 30,000 0 0.00%
Total Holiday Parks 135,000 176,700 9,756 5.52%
Information Technology
IT Major Projects 0 128,100 72,038 56.24%
Whole of Shire - Tech One HR module 167,500 132,500 26,510 20.01%
Whole of Shire - Mobile Mapping 220,000 220,000 184,422 83.83%
Whole of Shire - corporate website 125,000 125,000 0 0.00%
Whole of Shire - replace failed UPS 12,600 12,600 0 0.00%
Civil Engineering Design Software 0 15,019 15,019 100.00%
Total Information Technology 525,100 633,219 297,989 47.06%
Parks & Playgrounds
Gympie Terrace Park Furniture Renewal program 0 0 133 0.00%
Noosa Lions Pk - Rehab Shower Facilities 0 0 0 0.00%
Noosa Botanical Gardens- Pathway renewal 10,000 10,000 200 2.00%
Noosaville - Munna Pk basket ball court 6,000 0 0 0.00%
Noosaville -Gympie Tce Foreshore BBQs 55,000 43,942 43,942 100.00%
Noosaville Lions Park- Pirate Playground 100,000 160,000 400 0.25%
Peregian Beach - Victory Park table 3,000 3,000 2,700 90.00%
Peregian Beach Pk - 3 phase switchboard 12,000 12,000 10,699 89.16%
Tewantin - Martin Park skate facility 60,000 60,000 6,797 11.33%
Whole of Shire - BBQ renewal 18,000 18,000 12,256 68.09%
Whole of Shire - park shelters 40,000 40,000 36,764 91.91%
Whole of Shire - playground renewal prog 20,000 30,000 4,570 15.23%
Whole of Shire - playground sofftfall 10,000 20,000 0 0.00%
Botanical Gardens Park Furniture Renewal 0 24,500 0 0.00%
Total Parks & Playgrounds 334,000 421,442 118,461 28.11%
Pathways & Enabling Facilities
Pomona State School Station Street Pathway improvements 0 0 0 0.00%
Weyba Creek Boarwalk Rehab Stage 1 0 19,600 0 0.00%
Gibson Road (Eumindi Noosa Rd to Thomas St) - On road cycle 0 430,800 3,397 0.79%
Sunshine Beach State School Safety |Improvements2 0 20,700 19,387 93.66%
Tewantin - pathway upgrade and lighting 270,000 270,000 0 0.00%
Noosa Heads - Park Road boardwalk design 200,000 200,000 0 0.00%
Noosa Heads - Main Beach boardwalk 500,000 0 0 0.00%
Noosa Heads - Park Rd boardwalk stage 3a 850,000 0 2,800 0.00%
Eenie Creek Pathway Stage 1 Signage 0 40,000 0 0.00%
Wallace Park Shared Path Construction 0 400,000 0 0.00%
Cooroy Noosa Road Corridor Improvement 0 230,000 0 0.00%
Total Pathways & Enabling Facilities 1,820,000 1,611,100 25,585 1.59%
Planning Scheme
Noosa Design Manual 115,000 115,000 0 0.00%
Standards Review - Standard Drawings 50,000 25,000 0 0.00%
Whole of Shire Traffic Study 100,000 100,000 564 0.56%
Noosa River Flood Mitigation Strategy 0 50,000 0 0.00%
Noosa River Hydraulic Model 0 300,000 0 0.00%
Total Planning Scheme 265,000 590,000 564 0.10%
Public Transport Infrastructure
Electric Bus Feasibility Study 100,000 100,000 49,725 49.73%
Noosa Heads - Noosa Parade Stop 114 50,000 50,000 0 0.00%
Noosa Heads - Noosa Parade Stop 26 40,000 40,000 200 0.50%
Page 30 of 36Section 31
GENERAL COMMITTEE MEETING AGENDA 15 DECEMBER 2014
Page 31 of 36
Original Current Year To Date % of Annual
Project Budget Budget Actual Budget Spent
Noosa Heads - Noosa Parade Stop 27 40,000 40,000 200 0.50%
Noosa Heads - Noosa Parade Stop 28 65,000 65,000 0 0.00%
Noosa Junction Transit Centre - improve 40,000 40,000 0 0.00%
Peregian Beach - David Low Way Stop 87 125,000 125,000 539 0.43%
Sunrise Beach - Wollomia Way Stop 11 40,000 40,000 0 0.00%
Whole of Shire - bus shelter DDA 20,000 20,000 9,219 46.10%
Noosa Bus Station Safer Streets Program 175,500 117,900 0 0.00%
Noosa Heads - Noosa Parade Translink 700596 0 410,000 0 0.00%
Tewantin - Butler St Translink 700491 0 0 270 0.00%
New Noosa Bus Shelters - Design 0 50,000 0 0.00%
Total Public Transport Infrastructure 695,500 1,097,900 60,153 5.48%
Sealed Roads Network
Annual Sealed Road Renewal & Rehabilitation Program 0 0 22,410 0.00%
Sealed Road Pavement surveys and Investigations 0 51,600 567 1.10%
Whole of Shire - pavement surveys 60,000 60,000 0 0.00%
Whole of Shire - reseal and rehab 5,000,000 5,553,610 117,946 12.93%
Noosa Heads - Noosa Parade Master Plan 100,000 100,000 0 0.00%
Noosaville - Eumundi Noosa Road corridor 20,000 79,085 0 0.00%
Emergent all infrastructure renewal 2,951,898 2,545,350 11,640 0.46%
Total Sealed Roads Network 8,131,898 8,389,645 752,564 8.97%
Sports Ground and Facilities
Girraween Sports Ground irrigation 28,000 16,000 15,350 95.94%
Girraween Sports Complex Lighting 0 10,000 0 0.00%
Total Sports Ground and Facilities 28,000 26,000 15,350 59.04%
Stormwater Drainage
Daintree Estate - Flood Mitagation Planning and Design 0 0 0 0.00%
Gympie Terrace Pipe Rehabilitation - Investigation & Design 0 11,300 0 0.00%
Rifle Street Pomona - Flood Mitigation Planning and Design 0 0 0 0.00%
Seaview Ck - open drain civil works 0 44,700 41,533 92.91%
Gympie Terrace pipe rehabilitation 200,000 200,000 0 0.00%
Re-lining of Ben Lexcen stormwater 50,000 50,000 0 0.00%
Whole of Shire - stormwater CCTV 10,000 10,000 739 7.39%
Whole of Shire - stormwater structures 150,000 150,000 0 0.00%
Whole of Shire - Flood mitigation stage 2,802,970 2,802,970 72,211 2.58%
Total Stormwater Drainage 3,212,970 3,268,970 114,482 3.50%
Streetscapes and Road Corridors
Forward Planning for Streetscape and Road Corridor improveme 0 1,715 3,215 187.49%
Peregian Beach - precinct planning 50,000 50,000 0 0.00%
Total Streetscapes and Road Corridors 50,000 51,715 3,215 6.22%
Transport and Infrastructure Management
Eenie Creek Road / Langura Street Intersection safety upgrad 0 16,503 16,503 100.00%
Eenie Creek Road / Walter Hay Drive Intersection safety upgr 0 109,100 20,174 18.49%
Weyba Road Reef Street Intersection Improvements - PIP 0 118,500 638 0.54%
Noosa Junction Disabled Parking CBA Frontage 0 20,000 1,474 7.37%
Whole of Shire - On Road Cycle Network 125,000 0 0 0.00%
Sunrise Beach - Ben Lexcen Dr school 70,000 80,000 0 0.00%
Whole of Shire - Road Directional Signs 40,000 40,000 0 0.00%
Cooroy Noosa Road - Beckmans Rd Intersec 110,000 110,000 369 0.34%
Total Transport and Infrastructure Management 345,000 494,103 39,158 7.93%
Waste Management
Noosaville Landfill - bio basin 446,900 446,900 878 0.20%
Noosaville Landfill - sediment control 297,000 297,000 2,340 0.79%
Noosaville Landfill - stormwater 50,000 0 1,760 0.00%
Total Waste Management 793,900 743,900 4,978 0.67%
Grand Total 22,676,868 24,895,093 2,866,987 11.52%
Page 31 of 36Section 32
GENERAL COMMITTEE MEETING AGENDA 15 DECEMBER 2014
5 NOOSA WATERS LOCK & WEIR LEVY
DOCUMENT IN FOR MATI ON
Author Chief Executive Officer, Brett de Chastel
Executive Office
Index ECM/ Subject/ Noosa Waters Lock and Weir Levy
Attachments Nil
EXECUTIVE SUMMARY
Council has surplus levy funds of $731,873 that it has collected over the last 14 years in relation
to the Noosa Waters lock and weir operations and maintenance. Following an assessment of
long term maintenance requirements it has been identified that those funds are not required for
future lock and weir expenditure purposes. There is also a legal question as to whether Council
has been able to carry forward surpluses from the lock and weir each year but there is no legal
doubt that Council has had the power to levy ratepayers to collect funds for the lock and weir
each year.
Recognising these issues, it is proposed to implement a program to refund the surplus funds in
accordance with the provisions of the Local Government Act and Regulation. Legal advice from
King and Co has provided a mechanism for ensuring that Council meets its legal obligations in
providing such a refund. This mechanism is reasonably complex but involves identifying the
amount of the lock and weir levy surplus for each year from 2000/2001 through to 2013/2014
(already undertaken) and then apportioning the surplus to the owners of properties who owned
the property at the end of each financial year. Refunds to current owners based on the length of
their tenure are proposed to be included in the January rates notice as a credit. Previous owners
will be identified over time and refunded according to their proportional entitlement of the surplus.
RECOMMENDATION
That Council note the report by the Chief Executive Officer to the General Committee Meeting
dated 15 December 2014 providing background to the history of the Noosa Waters lock and weir
levy and:
A. Note that the current levy that has accumulated from 2000/2001 to 30 June 2014 will be
surplus to future requirements for the Noosa Waters lock and weir;
B. Note that section 96 of the Local Government Regulation has specific provisions in relation
to how refunds of levy surpluses must be undertaken; and
C. Authorise the CEO to implement a refund of the Noosa Waters lock and weir levy surpluses
for the period 2000/2001 to 30 June 2014 in accordance with the approach outlined in the
report and based on legal advice from King and Co.
REPORT
Surplus Noosa Waters Lock and Weir Funds
As Council is aware, a levy has been in place since 2000/2001 to manage the costs associated
with the operation and maintenance of the Noosa Waters Lock and Weir. Over the years,
Council has built up a considerable reserve as the amount collected from year to year has not
been fully expended in each given year. As at 30 June 2014, the amount in the Noosa Waters
lock and weir reserve was $731,873.
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Section 33
GENERAL COMMITTEE MEETING AGENDA 15 DECEMBER 2014
Over the last few months, staff have been liaising with the Noosa Waters Residents Association
on long-term financial and asset management models that will reflect the realistic future
requirements for maintenance and operation of the Noosa Waters lock and weir. It is clear from
those models that the current reserve balance will not be required to be expended. Further, it is
clear that based on the 2014/15 Noosa Waters lock and weir levy, there will be sufficient funds
from the current and future levies to meet all maintenance, replacement and other operational
requirements of the lock and weir without requiring the need to draw upon the existing reserve
balance.
At the same time, as part of the process of adopting Council’s first full budget, a request was
made to King and Co to undertake a legal review of all of Council’s rating resolutions that were to
apply from 1 July 2014. This has provided confidence that all of the current rating resolutions will
withstand any legal scrutiny. This is important given there has been some recent history of
special levies being challenged by ratepayers in other parts of the State. King and Co provided
written confirmation when Council adopted the 2014/15 budget (and rating resolutions) that our
various levies are lawful and will allow Council to appropriately manage all of the long term levies
in place that will potentially accumulate surpluses.
Basis of the Previous Levy
At the time that staff were working with King and Co on a review of the 2014/15 rating
resolutions, a consideration of how some of the previous levies were framed was undertaken. It
is clear that the Noosa Waters lock and weir levy has been lawfully imposed since its inception in
2000/2001 but that it presents some challenges in how annual surpluses have been carried
forward since that time.
To explain the challenge of dealing with surplus funds, it is necessary to consider how Council
implemented the Noosa Waters lock and weir levy since 1 July 2001. Firstly, it should be noted
that although there have been some minor changes to wording, essentially the same format has
been applied since 2000/01. This same format has been used by both the former Noosa Council
and the Sunshine Coast Regional Council.
Each year, Council adopted an overall plan for the year which set out the purpose of the levy,
how much was to be raised, the area that was covered by the levy, the basis of the charge and
what the funds could be expended on. This met all of the requirements of the Local Government
Act. As Council would be aware, Council can only expend levy funds for the specific purpose of
the levy. The 2005/06 rating resolution was typical of Council’s approach to the Noosa Waters
lock and weir levy:
“OVERALL PLAN FOR THE LONG TERM MAINTENANCE OF THE LOCK AND WEIR
SYSTEM SERVICING THE NOOSA WATERS ESTATE
From July 2000, maintenance and operation of the Noosa Waters canal system became
the responsibility of Council. With the assistance of consulting engineers, Council has
undertaken long term projections in relation to operating and maintaining the lock and
weir system at an appropriate level of service and has developed a financial plan to fund
this program.
Council has formed the opinion that waterfront allotments in the Noosa Waters estate, as
delineated in attached shire plan GIS00071201 will gain special benefit from this
program and has resolved to levy a Special rate to recover the cost.
A Special rate of point zero two three three (0.0233) cents per dollar unimproved
valuation will be levied on each property within the benefited area, including strata titled
units, with a minimum levy amount of $120.00 per annum. The levy will raise
approximately $109,602 in the 2005-06 financial year which will be expended solely on
the operations and maintenance of the lock and weir system.”
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Section 34
GENERAL COMMITTEE MEETING AGENDA 15 DECEMBER 2014
There is no argument that the levy was valid throughout the period 1 July 2000 to 30 June 2014
in terms of its ability to levy property owners. There is however, a question about how the
previous Councils should have dealt with any surpluses that arose each year with the levy.
Essentially, the way that both the former Noosa Council and the Sunshine Coast Regional
Council dealt with the levy was to adopt an overall plan for one year with that same plan being
adopted each subsequent year. There is a question as to whether this gave the Councils the
ability to carry forward any surplus funds from year to year or whether each year, there was an
overall plan that was effectively self-contained i.e. the revenue and expenditure should be
balanced and if there was any surplus from a particular financial year, it should be returned to
those ratepayers who paid the levy at the end of the period of the overall plan i.e. at the end of
each financial year.
Suggested Way Ahead
The current reserve is not required for current or future Noosa Waters lock and weir
maintenance, replacement and other operational expenditure requirements. Financial modelling
undertaken demonstrates that those costs can be met from the current 2014/15 levy and future
levies. The current and future proposed levies have been reviewed by the Director Corporate
Services and the Director Planning & Infrastructure in conjunction with representatives from the
Noosa Waters Residents Association.
At the same time, there could be some doubt about whether Council has had the ability to “roll
forward” annual surpluses into the Noosa Waters lock and weir reserve. On this basis, it is
suggested that Council refund the surplus funds as they cannot be used for any other purpose.
This will have the dual benefit of removing any risk of challenge to Council holding funds that
have been accumulated from its annual levy and also recognising that those funds are no longer
needed.
The CEO sought legal advice from King and Co about the legislative obligations in relation to this
issue. King and Co has provided advice in relation to section 96 of the Local Government
Regulation. Section 96 provides as follows:-
(1) This section applies if—
(a) a local government implements an overall plan; and
(b) the local government has not spent all the special rates or charges.
(2) The local government must, as soon as practicable, pay the unspent special rates or
charges to the current owners of the land on which the special rates or charges were
levied.
(3) The payments to the current owners must be in the same proportions as the special rates
or charges were last levied.
The previous Regulation and Act had similar provisions. The net effect of the legal advice from
King and Co is as follows:
Council does not have one reserve but in fact has, in a legal sense, 14 different reserves
representing the surplus balance from each year since the levy’s inception in 2000/01;
In providing a refund, Council would have an obligation to refund any unspent funds to the
owner of the properties who paid the levy in each year;
As such, Council would need to identify the balance of the surplus funds from each financial
year and also identify who owned the property at the end of each financial year; and
Council cannot achieve legislative compliance by simply refunding the total amount of the
current reserve to the current owners of the properties.
Page 34 of 36
Section 35
GENERAL COMMITTEE MEETING AGENDA 15 DECEMBER 2014
While at first glance this may provide significant “administrative challenges”, the majority of these
can be overcome. Specifically:
It is possible to reconstruct the levy surplus balances applying to each financial year (see
below);
As such, it is possible to identify how much of the reserve balance applies to each financial
year;
It will be possible to deal with all existing owners very simply with a credit to be applied to the
January rates notice;
For existing ratepayers, it is also relatively simple to identify the length of time (based on
current Council records) that they have owned the property which will enable an exact
calculation to be made as to the extent of their refund (e.g. a ratepayer may have owned the
property since 1 January 2005 and so would be entitled to refunds from the surplus for each
year from that time). These can be calculated reasonably easily; and
Based on a brief review of property turnover in the estate, this will deal with a component of
the levy reserve balance (over 30%).
Noosa Waters
Lock and Weir Reserve Summary
Balance
2000/01 $ 77,283
2001/02 $ 138,570
2002/03 $ 210,771
2003/04 $ 248,004
2004/05 $ 281,264
2005/06 $ 383,215
2006/07 $ 455,224
2007/08 $ 560,481
2008/09 $ 602,564
2009/10 $ 672,983
2009/10 $ 714,548
2010/11 $ 693,408
2011/12 $ 716,650
2012/13 $ 713,357
2013/14 $ 725,818
2013/14 (NSC) $ 731,873
For the remainder of the levy balance, previous owners would need to be identified. Council’s
records of previous ownership are available therefore it should be possible to identify these,
albeit time consuming. More problematical is to identify where the previous owners currently
reside so that refunds can be provided.
In the first instance, the balance of the levy which is not refunded to current owners would be
placed into a Council trust account and, over time, previous owners identified and contacted in
relation to the refund. Any unclaimed funds would be dealt with in accordance with the relevant
legislation in relation to unclaimed trust funds if necessary.
While not ideal from an administrative perspective, this approach will provide Council with legal
protection from any argument that it has not dealt with the surplus correctly. It also addresses the
fact that the surplus is no longer required.
Page 35 of 36
Section 36
GENERAL COMMITTEE MEETING AGENDA 15 DECEMBER 2014
Previous Council Consideration
Council has adopted the Noosa Waters lock and weir levy each year as part of its annual budget
process.
Finance & Risk
The current surplus of $731,873 is not required. There is a slight risk of legal challenge to how
Council has built up the surplus over time but there is no risk that the levy was ever unlawful. To
ensure that Council treats the distribution of the surplus correctly, it is important to follow the
provisions of the Local Government Regulation and the advice from King and Co in order to
follow the correct process.
Consultation
External Consultation - Community & Stakeholder
Consultation has been held with the representatives of the Noosa Waters Residents Association
whom are supportive of the proposed approach.
Internal Consultation
Director Corporate Services, Revenue Services Manager and Director Planning and
Infrastructure.
Departments/Sections Consulted:
Community Services x Planning & Infrastructure
Disaster Management & Public Order Building & Plumbing Services
Waste & Environmental Health DA Planning
Community Facilities Strategic Land Use Planning
Cultural Facilities Asset Design & Investigations
Asset Planning
Civil Operations
Environment
x Executive Office x Corporate Services
Community Engagement x Finance
Customer Service ICT
Executive Support Procurement & Fleet
Governance Property & Facilities
Human Resources Revenue Services
Page 36 of 36