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2014-07-22 Planning & Organisation Committee Agenda
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AGENDA
Planning & Organisation
Committee Meeting
Tuesday, 22 July 2014
commencing at 1.30pm
Council Chambers, 9 Pelican Street, Tewantin
Committee: Crs Frank Wilkie (Chair), Noel Playford, Joe Jurisevic, Tony Wellington
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Full text of sections 2 to 104 (of 133)
Section 2
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 22 JULY 2014
TABLE OF CONTENTS
ITEM PAGE
ATTENDANCE & APOLOGIES 3
PRESENTATIONS 3
PLANNING & INFRASTRUCTURE DEPARTMENT REPORTS 4
DA Planning & Environment 4
1 APPLICATION FOR MATERIAL CHANGE OF USE - ANIMAL HUSBANDRY TYPE
2 (1,000 BIRD CHICKEN FARM) MCU14/0028 SITUATED AT 317 LAWNVILLE RD,
BLACK MOUNTAIN 4
2 REQUEST TO CHANGE EXISTING APPROVAL FOR THE ATRIUM
DEVELOPMENT 51992.217.05 SITUATED AT 91-93 POINCIANA AVE,
TEWANTIN 19
3 APPLICATION FOR MATERIAL CHANGE OF USE SERVICE AND UTILITY TYPE
3 (TOWER) MCU13/0067 SITUATED AT GRAHAMS RD, PINBARREN 27
4 DEVELOPMENT APPLICATION FOR PRELIMINARY APPROVAL FOR BUILDING
WORKS ALTERATIONS AND ADDITIONS TO A DETACHED HOUSE PBA14/0011
SITUATED AT 46 NAIRANA REST, NOOSA HEADS 42
5 PLANNING & ENVIRONMENT COURT APPEAL D94/2014 EXTENSION TO
RELEVANT PERIOD FOR MULTIPLE DWELLING (26 DWELLING UNITS) &
ACCOMMODATION BUILDING (12 ACCOMMODATION UNITS) 132003.221199.3
SITUATED AT 27 ATTUNGA HEIGHTS, NOOSA HEADS 49
6 REVIEW OF INSTRUMENTS OF DELEGATIONS PLANNING & DEVELOPMENT 51
CORPORATE SERVICES DEPARTMENT REPORTS 63
Finance 63
7 GENERAL COST RECOVERY AND COMMERCIAL FEES AND CHARGES 14-15
AMENDMENTS 63
8 FINANCIAL PERFORMANCE REPORT JUNE 2014 66
Property and Facilities 72
9 POTENTIAL TRANSFER OF POMONA BUILDING TO NOOSA AND DISTRICT
LANDCARE GROUP INC 72
Procurement and Fleet 76
10 TENDER CONSIDERATION PLAN FOR SUPPLY OF QUARRY AND BITUMINOUS
MATERIALS 76
EXECUTIVE OFFICE REPORTS 78
11 APPOINTMENT OF EXTERNAL MEMBERS TO COUNCIL'S AUDIT COMMITTEE 78
12 QUARTERLY OPERATIONAL PLAN PROGRESS REPORT 80
Governance 129
13 REVIEW OF INSTRUMENTS OF DELEGATION 129
CLOSED SESSION 133
Page 2 of 133
Section 3
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 22 JULY 2014
ATTENDANCE & APOLOGIES
Cr Wilkie (Chair) submitted his apology for the meeting.
PRESENTATIONS
Nil.
Page 3 of 133
Section 4
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 22 JULY 2014
PLANNING & INFRASTRUCTURE DEPARTMENT REPORTS
(Planning & Development Sections only)
DA Planning & Environment
1 APPLICATION FOR MATERIAL CHANGE OF USE - ANIMAL HUSBANDRY TYPE 2
(1,000 BIRD CHICKEN FARM) MCU14/0028 SITUATED AT 317 LAWNVILLE RD,
BLACK MOUNTAIN
DOCUMENT IN FOR MATI ON
Author Development Planner, Jack Lewis
Planning & Infrastructure Department
Index ECM/Application/MCU14/0028, Subject/Material Change of Use
Attachments 1. Locality Plan
2. Proposal Plans
3. Map of Submitters
APPLICATION DETAILS
Applicant The Henbury Family Trust
Proposal Development Permit for Material Change of Use for Animal
Husbandry Type 2 (1,000 bird chicken farm)
Properly Made Date 12 May 2014
Information Request Date 21 May 2014
Information Response Date 27 May 2014
Decision Due Date 1 August 2014
Number of Submissions 22 Properly Made (PM) and 2 Not Properly Made (NPM), including 2
petitions
Type of submission No.
Object PM 8
Object NPM 1
Object Petition 1 (31 people)
Support PM 12
Support NPM 1
Support Petition 1 (7 people)
PROPERTY DETAILS
Property Address 317 Lawnville Rd BLACK MOUNTAIN QLD 4563
RP Description Lot 2 RP 83801
Land Area 60.7ha
Existing Use of Land Detached House, Farm Sheds and Cattle
Page 4 of 133
Section 5
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 22 JULY 2014
STATUTORY DETAILS
SEQRP Designation Regional Landscape & Rural Production
Locality Cooroy & Lake Macdonald
Zone Rural
Overlays Biodiversity Overlay (Environmental Protection)
Natural Hazards (Medium and High Bushfire Hazard)
Natural Hazards (Landslide Hazard)
Assessment Type Impact
RECOMMENDATION
That Council Approve Application No. MCU14/0028 for a Development Permit for Material
Change of Use for Animal Husbandry Type 2 (1,000 bird chicken farm) situated at 317
Lawnville Rd, Black Mountain, subject to the following conditions:
When Conditions must be Complied With
1. Unless otherwise stated, all conditions of the Decision Notice must be complied with
prior to the use commencing, and then compliance maintained at all times while the
use continues.
Approved Plans
2. Development authorised by this approval must be undertaken generally in accordance
with the Approved Plans listed below, unless otherwise amended by the conditions of
approval.
Plan Name Date
Melsted Park Plan, drawn by Anna Henbury 22/05/2014
Melsted Park Driveway Map, drawn by Anna Henbury 22/05/2014
Poultry Carcases Compost Facility drawn by US Department of 27/05/2014*
Agriculture Corporation
* Submitted with the response to information request
Specific Conditions
3. The maximum number of chickens kept on site at any one time shall not exceed 1,000
birds.
4. All poultry enclosures, pens, composting facilities and the like must be setback a
minimum of 100m from any property boundary and 60m from the defining bank of any
waterway.
5. All deliveries and pick-ups associated with the use shall be between the hours of
7:00am and 5:00pm.
6. Any composting facility shall be located and constructed generally in accordance with
the approved plans and include:
(a) All areas to be concrete floor, with block walls to ensure no runoff or ground
water release from the composting areas.
(b) A permanent roof (colourbond material or similar i.e. no waterproof shade cloth)
over the composting areas; and
(c) Vegetation screening surrounding the structure.
Page 5 of 133
Section 6
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 22 JULY 2014
7. Prior to the commencement of the use, the operator must develop and implement a
Site Based Management Plan (SBMP). The SBMP must also provide for the review
and 'continual improvement' in the overall environmental performance of all activities
that are carried out. The SBMP must include the following:
(a) A register of how many birds are contained on the site at any one time.
(b) Waste management of dead birds to be carried out in accordance with the
submitted information and the Queensland Guidelines for Meat Chicken Farms in
particular the acceptable outcomes relating to waste management and
composting of dead birds.
(c) Routine observations of odour and nutrient runoff, recording the management
response to elevated levels;
(d) Identification of environmental issues and potential impacts;
(e) Control measures and operating procedures for routine operations to minimise
likelihood of environmental harm;
(f) Maintenance practices and procedures;
(g) Minimum specifications, monitoring procedures and methodology for managing
the health and wellbeing of the chickens while they are contained on the site;
(h) Contingency plans and emergency procedures to deal with risks and hazards
including corrective responses to prevent and minimise environmental harm
including odour, air contaminants and noise impacts;
(i) Vermin control measures;
(j) Record keeping, handling and review of environmental complaints; and
(k) Periodic review of environmental performance and continual improvement.
8. The Operator must keep records and documents related to the management of the
farm and make the records and documents available for examination by Council
immediately upon request.
9. The operator must ensure that the activities at the premises comply with the Site
Based Management Plan.
10. Any noxious or offensive odour must not be emitted beyond the boundaries of the
premises.
11. Nutrient, pathogen and contaminant levels in the stormwater discharged from the site
must not exceed the water quality guideline levels of the Australian and New Zealand
Guidelines for Fresh and Marine Water Quality 2000, and/or result in the exceedance
of the water quality objectives for waters listed in Schedule 1 of the Environmental
Protection (Water) Policy 2009. Water quality testing shall be undertaken and results
provided to Council upon request.
Colours and Finishes
12. The chicken caravans, mobile tractors and composting facility must be finished in
muted colours that blend in visually into the natural landscape.
Landscaping Works
13. The waterways on the site must be fenced off from cattle entering, as generally shown
in the approved plans.
14. A vegetation buffer surrounding the composting facility must be provided and
landscaped with appropriate tree and understorey plantings to achieve dense visual
screening. Species shall be chosen, planted and maintained in accordance with
Planning Scheme Policy 3 – Landscaping Plants and Guidelines.
Page 6 of 133
Section 7
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 22 JULY 2014
15. All landscape works must be established and maintained in accordance with the
approved design for the life of the development, and in a manner that ensures healthy,
sustained and vigorous plant growth. All plant material must be allowed to grow to full
form and be refurbished when its life expectancy is reached.
Site Access and Parking
16. An access driveway must be provided from Lawnville Road to all parking and
maneuvering areas of the development. The works must include in particular:
(a) The sealing of that part of the existing driveway extending from the existing
sealed roadway to the property boundary. The sealing works must be in
accordance with Council’s Standard Drawing SEQ R-056.
(b) A driveway within the site that is:
(i) Of sufficient width to cater for the expected delivery and service vehicles.
(ii) Constructed with a formation that is sufficient to cater for the expected
delivery and service vehicles in the long term.
17. All loading and unloading of deliveries and stock must be undertaken wholly within the
site.
18. Service vehicle parking, maneuvering and standing areas must be provided on the
site. The required areas must be constructed with a formation that is sufficient to cater
for the expected delivery and service vehicles in the long term.
Stormwater Drainage
19. Stormwater runoff from the development must be disposed of on-site without causing
scour or damage to the subject site or any adjoining property.
Damage to Services and Assets
20. Any damage caused to existing services and assets as a result of the development
works must be repaired at no cost to the asset owner at the following times:
(c) where the damage would cause a hazard to pedestrian or vehicle safety,
immediately; or
(d) where otherwise, upon completion of the works associated with the
development.
Any repair work which proposes to alter the alignment or level of existing services and
assets must first be referred to the relevant service authority for approval.
REPORT
1. PROPOSAL
The application seeks approval for a Material Change of Use for Animal Husbandry Type 2
for a maximum of 1,000 chickens to be farmed on the 60.7ha property, situated at 317
Lawnville Road, Black Mountain.
The applicant proposes that the chickens will be farmed for a mix of both egg and meat
production. Details of the proposal include:
Free range egg production, using point of lay chickens housed within a ‘chicken
caravan’. The applicant proposes up to 4 caravans on the site, with the largest caravan
housing up to 300 birds. The caravans are to be moved approximately 5m a day along
the ridgelines of the property, so as not to burn the pasture. A 50m perimeter electric
fence is proposed to surround the caravans. Eggs are collected daily from the chicken
caravans, using a rollaway laying box.
Page 7 of 133
Section 8
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 22 JULY 2014
Meat chickens are to be kept in smaller ‘mobile tractors’ which are located half way up
the sides of the hills. The lifecycle of the meat chickens is approximately 8 weeks. The
applicant indicates that the chickens provide intense fertilisation to pasture and weed
control.
Water for the chickens is to be sourced from the caravan’s own collection as well as
the existing on-site dams.
A controlled aerobic composting facility is proposed for dead birds (general mortality
rate of 4%, equivalent to approximately 50 mostly younger and smaller birds).
Details of the traffic impacts are outlined in the following table:
Type of movement Type of vehicle Frequency
Transport of eggs from site Small Rigid Vehicle (SRV 6.4m long – 4t Daily
capacity)
Transport meat chickens to and Small Rigid Vehicle (SRV 6.4m long – 4t 2 per week
from site capacity)
Delivery of egg chickens Medium Rigid Vehicle (MRV 8.8m long 2 per year
– 8t capacity)
Delivery of grain Heavy Rigid Vehicle (HRV 12.5m long – 1 per 4 weeks
12t capacity).
The applicant indicates that the chickens are intended to follow the rotation of cattle around
the property, to distribute manure straight on to the pasture, reduce weeds and cattle ticks.
The applicant also describes their intention is to have a higher cattle stocking density, by
improving pastures and managing the site using the concept of ‘techno grazing’. This refers
to dividing the farm into small cells and rotating the cattle to each of the cells.
As the proposed number of chickens is less than 1,000 birds, the application does not trigger
an application for an Environmentally Relevant Activity for poultry farming.
The Locality Plan and Proposal Plan are included as Attachments 1 & 2.
2. SITE DETAILS
2.1. Background
There are no existing planning approvals over the site.
The applicant indicates that the property currently holds beef cattle at a rate of 2 cattle per
hectare (120 head). In the past, the applicant also describes how the property has been
used previously for the cultivation of beans and bananas on the northern facing slopes, as
well as dairy cows.
2.2. Site Description
The site is 60.7ha and bounded by Lawnville Road to the north and Belli Creek to the west.
The site is undulating with two prominent ridgelines extending west to east through the
property, which drain to a number of small intermittent waterways that form the headwaters
to the Six Mile Creek.
There is currently a detached house, associated farm sheds and the access driveway
located in the north eastern portion of the site, along Lawnville Road.
2.3. Surrounding Land Uses
The site is surrounded by smaller sized allotments (averaging approximately 5ha) which are
all zoned rural. None of the surrounding properties have approval for, or are being used for
an intensive agricultural pursuit. Rather, the neighbouring properties are being used as rural
residential home sites.
Page 8 of 133
Section 9
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 22 JULY 2014
3. ASSESSMENT
3.1. Instruments for Statutory Assessment
Under the Sustainable Planning Act 2009 the application must be assessed against each of
the following statutory planning instruments to the extent they are relevant to the
development:
State Planning Policy;
The South East Queensland Regional Plan;
State Planning Regulatory Provisions; and
The Noosa Plan
Of these, the statutory planning instruments relevant to this application are discussed in the
sections that follow.
3.2. State and Other Statutory Instruments
State Planning Policy
The most applicable State Interest within the State Planning Policy’s Part E – Interim
Development Assessment Requirements relates to the proposal’s impacts on water quality.
Considering the scale of the development, the proposed agricultural use is not likely to have
an adverse impact on the surrounding water quality and is compliant with the Policy.
State Planning Regulatory Provisions
The site is located within the Regional Landscape and Rural Production area of the SEQ
Regional Plan. The proposal is for a rural activity consistent with the regional policies of the
SEQ Regional Plan.
The site is located outside the Koala Assessable Development Area and is not triggered for
assessment against the South East Queensland Koala Regulatory Provisions.
3.3. Statutory Instruments – Planning Scheme
The subject site is located in the Cooroy & Lake Macdonald Locality and is zoned Rural. The
proposed use is identified as a consistent use within the zone and is required to follow an
impact assessable application process.
Locality Provisions
The Overall Outcomes of the Locality Code seek to support agricultural industries and rural
enterprises, which are compatible with the rural zone and avoid significant adverse impacts
on the amenity enjoyed by users of other premises.
The topography of the site means that the proposed 1,000 birds are to be contained within 4
main areas of the 60ha farm. These areas are mostly located on top of the ridgelines, which
are more than 60m away from the intermittent creek lines on the property, and more than
100m away from any existing house on the neighbouring properties.
Although the proposal involves locating the chicken caravans along the ridgelines of the site,
the caravans are comparable in size to a small farm shed and will be setback more than
100m from any property boundary. The colour of the caravans may also be painted in muted
colours and hues of the surrounding landscape.
Land Use & Works Provisions
The most relevant code for assessment against The Noosa Plan is the Agricultural Uses
Code. The code seeks that new uses avoid adverse impacts on the Shire’s natural
resources of biodiversity, water, air and soil, while avoiding adverse visual and acoustic
amenity impacts to the neighbours.
Page 9 of 133
Section 10
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 22 JULY 2014
Separation Distances
The Agricultural Uses Code specifies that poultry farms keep a separation distance of 100m
to the boundaries and 60m to waterways. The separation distances to property boundaries
are consistent with the recently published State Planning Policy Guidelines for Agriculture for
poultry farms not triggering an Environmentally Relevant Activity application (<1,000 birds).
The applicant has demonstrated that the 60ha site is large enough to house the 1,000 birds
within the chicken caravans and mobile tractors, while meeting the recommended separation
distances, apart from the composting facility. The composting facility is proposed within 40m
from the nearest neighbour’s property boundary and approximately 115m to the nearest
dwelling house. Given the composting facility, if not managed appropriately, has the
potential to generate some odour, this facility should meet the minimum separation distance
of 100m to neighbouring property boundaries..
Waste
It is proposed to compost dead chickens on-site within a covered facility, to reuse the
compost for pasture improvement. The applicant advises that a 1,000 bird meat chicken
farm is likely to have a 4% mortality rate (equivalent to approximately 1kg of mortalities per
day). At the end of the egg laying cycle, there is also anticipated to be approximately 200-
300 hens proposed to be composted within appropriately sized and managed storage areas.
It is proposed to build a 5 bay composting shed, to manage moisture content and heat
sufficiently, so as to control odour.
Council’s Environmental Health Officer advises that composting of carcases in small scale
chicken farms is understood to be industry standard (Queensland Guidelines for Meat
Chicken Farms), and if done correctly, odour impacts may be controlled so as not to create a
nuisance.
Road Network
Due to the small scale of the operations, Council’s development engineer considers the
proposed traffic movements will not cause any significant traffic impacts on the surrounding
road network. Appropriate improvements would be required as part of an approval to the
existing property access and for the provision of the required on-site vehicle manoeuvring
and standing areas for the delivery and service vehicles.
Environmental Best Practice
The code seeks that agricultural uses are conducted in a manner that minimises risk of
environmental harm to the surrounding soil and water quality.
The applicant indicates that the chickens are intended to have a dual purpose, including egg
and meat production, and to follow the rotation of cattle around the property, for the
distribution of manure straight on to the pasture, reduce weeds and cattle ticks. Examples of
this type of ‘Biodynamic’ farming method using chickens have been included with the
application material.
The applicant has provided evidence demonstrating that 1,000 chickens have the same
impact (in terms of manure output) as 14 cows. The applicant also states that they have
begun fencing off the creeks to limit cattle from entering the riparian areas of the site, and
intends to provide water to the cattle outside of the creek areas.
While the proposal increases the number of animals on the existing 60ha farm, the impacts
associated with the intensification are relatively minor. The scale of the development means
that the development is unlikely to adversely impact the rural amenity of the neighbouring
properties as a consequence. The proposal therefore meets the Outcomes of the
Agricultural Uses Code and is consistent with the site’s rural zoning intent.
Page 10 of 133
Section 11
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 22 JULY 2014
Overlay Provisions
The proposed agricultural use does not trigger assessment against any of the overlay codes.
4. CONSULTATION
4.1. IDAS Referral Agencies
Not Applicable
4.2. Other Referrals
The application was forwarded to the following internal Council specialists:
Environmental Health Officer; and
Ecologist; and
Development Engineer.
Their assessment is included as part of the report.
4.3. Public Notification
The application was publicly notified for 15 business days in accordance with the
Sustainable Planning Act 2009. 22 properly made (including 2 petitions) and 2 not properly
made submissions were received. The majority of the submissions and petitioners objecting
to the proposal live in the locality (see attachment 3). The following table provides a
summary and assessment of the issues raised by submitters.
Issues Comments
Support Noted.
Land is too steep to support the use. This The Noosa Plan’s landslide Hazard overlay is not
activity will further degrade the slopes and triggered for this application, as no permanent
make it more prone to slips. structures are proposed on the ridgelines. Rather the
applicant proposes to use chicken caravans and
mobile tractors, which are moved daily. This is
intended to improve the soil quality by way of
reducing weeds and distributing manure straight onto
the existing pastures.
Noise impacts of 1,000 birds cackling in the The 60ha site is large enough to contain the
morning. chickens in designated areas that have sufficient
separation distances consistent with the current
State Planning Policy Guidelines for Agriculture for
poultry farms not triggering an Environmentally
Relevant Activity application (<1,000 birds). As a
result, the noise impacts are expected to be minimal
for the neighbouring properties.
Surrounded by lifestyle blocks. Council The site is located within the Rural zone by The
should have rezoned this area when it was Noosa Plan and the Regional Landscape & Rural
previously subdivided. Production Area by the South East Queensland
Regional Plan. The surrounding properties are
unable to be changed to rural settlement zoning,
while the South East Queensland Regional Plan
identifies the area as a Regional Landscape and
Rural Production Area.
Page 11 of 133
Section 12
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 22 JULY 2014
Visual impact of the caravans. The chicken caravans and mobile tractors are a
similar size to a small rural shed. A condition may be
imposed for the colour of the caravans to be painted
in muted colours and hues of the surrounding
landscape. This is considered sufficient, so as not to
cause an adverse visual impact on surrounding
properties.
Rodents, vermin and wild dogs will be The chickens are to be surrounded by electric fences
attracted to the farm and neighbouring to keep away larger animals. The separation
dwellings. distances to the existing houses should not result in
the increased presence of vermin and rodents on
adjoining properties.
Water quality impacts. The 1,000 birds are equivalent in manure output to
14 cows. The applicant can currently apply fertiliser
to the existing pastures and increase the number of
cattle on the property without any planning
approvals. Considering the scale of the proposed
chicken farm and the required setbacks to
waterways, the impacts are expected to be minimal.
Welfare of the animals (minimal shade). The Noosa Plan does not address concerns relating
to animal welfare. It is also expected to be in the best
interests of the farmer to ensure the mortality rates
are minimal.
The owners intention is for >1,000 birds. The applicant has applied for a maximum of 1,000
birds. Any proposed increase to the number of birds,
will need to be assessed as part of a future
development application.
Composting birds not suited to the area. Council’s environmental health officer comments that
if the appropriate management of the composting
facility is undertaken in accordance with industry
standard and appropriate separation distances are
maintained from the compost facility to the property
boundaries and waterways, the activity is unlikely to
cause any environmental nuisance to the
neighbouring properties.
Devalue surrounding land The proposed agricultural use is a consistent use
within the Rural Zone. While, the financial
implications on surrounding property values are not
considered a relevant planning ground, the
assessment finds that the impacts of the
development will be minimal and not adversely affect
the neighbouring properties.
In approving the development, Council It is recommended that reasonable and relevant
should impose the following conditions: conditions be applied to the proposed agricultural
use. These include conditions relating to the colour
visual nature of the caravans of the caravans, a site based management plan and
no permanently mounted caravans composting of animals to be undertaken in
appropriate water and shade for animals accordance with industry best practice to avoid any
remedial action potential environmental nuisance.
noise between appropriate hours
no composting
Page 12 of 133
Section 13
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 22 JULY 2014
There are no other intensive agricultural The Noosa Plan identifies that intensive animal
uses in the area. This approval sets the husbandry uses are consistent within the Rural zone,
precedent for others intensive agriculture subject to impact assessment. Each individual
businesses to establish. application must be assessed on its own merits.
Are the buffer distances to neighbouring The separation distances are consistent with The
properties appropriate? Noosa Plan and the current State Planning Policy
Guidelines for Agriculture for poultry farms not
triggering an Environmentally Relevant Activity
application (<1,000 birds). All chicken caravans,
mobile tractors and composting areas are
recommended to be setback more than 100m from
any property boundary.
Traffic Impacts as a result of increased Due to the small scale of the operations, Council’s
trucks to the property. development engineer does not consider the
proposed traffic movements will cause any significant
traffic impacts on the surrounding road network.
Planning to build a house on the adjoining It is recommended that the separation buffer
property at 642 Belli Creek Rd which will be distances be applied from property boundaries and
within the proposed buffer. not existing houses.
5. CONCLUSION
The proposed development is for a 1,000 bird poultry farm on an existing 60ha cattle farm
situated at 317 Lawnville Road, Cooroy. While the majority of neighbours to the existing farm
have included submissions objecting to the proposed chicken farm, the assessment finds
that the proposal will not have any significant impacts on neighbouring amenity, given the
proposal is of a small scale.
The proposed style of chicken farming is able to meet the recommended separation buffer
distances recommended by The Noosa Plan and the current State Planning Policy
Guidelines for Agriculture for poultry farms of less than 1,000 birds. Reasonable conditions
can be imposed to manage the potential impacts of the farm.
The application is therefore recommended for approval, subject to conditions.
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
Customer Service ICT
Executive Support Procurement & Fleet
Governance Property & Facilities
Human Resources Revenue Services
Page 13 of 133
Section 14
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 22 JULY 2014
Attachment 1
Locality Plan
Page 14 of 133
Section 15
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 22 JULY 2014
Attachment 2
Proposal Plans
Page 15 of 133
Section 16
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 22 JULY 2014
Page 16 of 133
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PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 22 JULY 2014
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oSection 18
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 22 JULY 2014
Attachment 3
Submissions Map
Page 18 of 133
Section 19
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 22 JULY 2014
2 REQUEST TO CHANGE EXISTING APPROVAL FOR THE ATRIUM
DEVELOPMENT 51992.217.05 SITUATED AT 91-93 POINCIANA AVE, TEWANTIN
DOCUMENT IN FOR MATI ON
Author Development Planner, Jack Lewis
Planning & Infrastructure Department
Index ECM/Application/51992.217.05, Subject/Material Change of Use
Attachments 1. Locality Plan
2. Site Photos
APPLICATION DETAILS
Applicant Adamson Town Planning
Owner The Atrium Tewantin Pty Ltd
Proposal Change Existing Approval - Replace 2 mango trees
Properly Made Date 16 May 2014
PROPERTY DETAILS
Property Address 91-93 Poinciana Avenue, Tewantin
RP Description Lot 34 SP 120980
Land Area 1,862m2
Existing Use of Land The Atrium (commercial development)
STATUTORY DETAILS
SEQRP Designation Urban Footprint
Locality Tewantin & Doonan
Zone Business Centre
Overlays Potential Acid Sulfate Soils
Page 19 of 133
Section 20
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 22 JULY 2014
RECOMMENDATION
That Council note the report by the Development Planner to the Planning & Organisation
Committee Meeting dated 22 July 2014 and approve the change to Condition 7 as follows:
7. The two existing mango trees located near the Sidoni Street frontage of the site if
removed, must be replaced by two ex-ground Delonix regia (Poinciana) tree species, each
with a minimum canopy spread of 5m, subject to the following:
a) A landscaping plan is to be provided with an application for Operational Works prior
to the work commencing on the site. The Operational Works Plans must contain:
i. Details as to the duration between removal of trees and the replanting
(maximum 3 months);
ii. Details of the proposed garden bed replacement and tree root treatment, to
contain root spread;
b) There must be a minimum ‘on maintenance’ period of 12 months from the
planting of the replacement trees;
c) A bank guarantee or a bond of $5,000 must be submitted prior to approval for
Operational Works as security for the removal and replacement of the trees,
which shall be released at the end of the 12 month maintenance period; and
d) Transplanted trees must be guaranteed for 5 years following acceptance ‘on
maintenance’ in accordance with an arborist certification that the trees are
structurally sound and healthy.
REPORT
1. PROPOSAL
The applicant requests a change to Condition 7 of the existing approval for the Atrium
commercial development to allow the removal of two mango trees. The applicant proposes
to replace the mango trees with two ex-ground Poinciana trees.
In support of the proposal, the applicant includes an arborist’s report stating that the trees
are a high risk hazard due to the dropping of fruit, attraction of bats and the roots are
impacting the existing buildings. The applicant also intends to provide new garden beds
constructed out of concrete block and cement render with timber slat seating, as well as
continuing the concrete surface that has been provided to the frontage of some of the
existing tenancies.
2. SITE DETAILS
2.1. Background
On 24 July 1992, Council approved a Material Change of Use application for the
development of Shops, Veterinary Surgery, Restaurant, Professional Offices, Medical
Centre, Commercial Services and Commercial Premises on the site. Condition 7 of the
approval required existing trees depicted in the submitted plans to be retained in the
development.
7. The existing (mango) trees depicted in the submitted plans are to be retained in the
development. Protective devices to be utilized during the construction period are to be
indicated on the landscaping plans... Details of any lopping proposed should also be
included in the landscaping plans.
Page 20 of 133
Section 21
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 22 JULY 2014
In addition, a report on the management processes and protective measures for these
trees after occupation of the building for each of the stages is to be prepared by a person
suitably qualified in this field. A copy of this report is to be submitted to Council and the
recommendations of this report are to be utilized as ongoing management procedures for
preservation of the trees.
On 8 March 2007, Council refused an application to change an existing development
approval which sought to remove the mango trees. On 12 April 2010, Council again refused
a request to remove the trees for the following reasons:
The visual amenity and streetscape character of Poinciana Avenue and Sidoni Street
as part of the major road network will be adversely impacted upon by the removal of
the mango trees.
The mango trees are considered an important character species of the locality and its
removal would impact on the amenity and character of the area.
There is no current evidence that the mango trees are causing any significant impact
on the structural integrity of the buildings on site nor creating uneven footpath
surfaces.
The removal of the mango trees would be contrary to the Specific Outcomes of the
Tewantin Doonan Locality to retain tall trees which add character to the locality.
2.2. Site Description
The Atrium development is situated on the corner of Poinciana Avenue and Sidoni Street.
The two mature mango trees are located along the Sidoni Street frontage and currently
provide important shade and amenity to the open court yard of the commercial development.
These mango trees existed at the time of the original development application and were
specifically incorporated into the development to allow for their retention. A Locality Plan and
Site Photos are included as Attachments 1 & 2.
3. ASSESSMENT
The applicant has requested 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;
The change would not require the application to be referred to additional concurrence
agencies;
The original application was impact assessable and the proposed replacement of the
existing mango trees with mature Poinciana character tree species suited to the
Tewantin locality, would not likely cause a person to make a properly made
submission; and
The change would not cause the approval to involve prohibited development.
On this basis, the applicant has followed lawful process in making a request under s369 of
the Act.
3.1. The Noosa Plan
The subject site is located in the Tewantin & Doonan Locality and is zoned Business Centre.
Specific Outcomes O14 and O15 of the Locality Code seek for existing character trees such
as euchalypts, poincianas, melaleucas and figs are retained, as they add to character of the
locality.
Page 21 of 133
Section 22
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 22 JULY 2014
While some residents may raise concerns about the removal of the mango trees, given they
are highly prominent features, mango trees are not specifically identified for retention by The
Noosa Plan. Furthermore, the applicant is proposing to replace the existing mature mango
trees in the courtyard with a replacement tree (poinciana), which is specifically mentioned by
The Noosa Plan as having character values to the Tewantin area. Mature poinciana trees
are located along both the Poinciana Avenue and Sidoni Street road frontages. The owner
has also confirmed that ex-ground Poinciana trees are able to be sourced for replanting,
thus providing for instant shading to the atrium area.
While Council’s Ecologist has some concerns with the evidence presented in the arborist
report claiming the existing trees are causing structural damage, it is agreed that the mango
trees are lifting pavers and causing some concern due to the ongoing maintenance burden.
Mango trees are not generally an appropriate landscape species for high traffic areas and
the Poinciana trees would be preferable and consistent with the existing landscape character
of the Tewantin Business Centre. In addition, the roots of the replacement trees can be
planted with appropriate root barriers, to protect the existing buildings and underground
services.
It is considered that the applicant’s current proposal to replace the trees with suitably sized
character trees does not unduly offend the Specific Outcomes of the Tewantin & Doonan
Locality. The application is therefore recommended for approval.
4. CONSULTATION
4.1. IDAS Referral Agencies
Nil
4.2. Other Referrals
The application was forwarded to Council’s Ecologist, with their assessment forming part of
the report.
4.3. Public Notification
Not Applicable
Departments/Sections Consulted:
Community Services X Planning & Infrastructure
Disaster Management & Public Order Building & Plumbing Services
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
Customer Service ICT
Executive Support Procurement & Fleet
Governance Property & Facilities
Human Resources Revenue Services
Page 22 of 133
Section 23
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 22 JULY 2014
Attachment 1
Locality Plan
Page 23 of 133
Section 24
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 22 JULY 2014
Attachment 2
Site Photo
Page 24 of 133
Section 25
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 22 JULY 2014
Page 25 of 133
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 22 JULY 2014
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Page 25 of 133Section 26
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 22 JULY 2014
Page 26 of 133
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 22 JULY 2014
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Page 26 of 133Section 27
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 22 JULY 2014
3 APPLICATION FOR MATERIAL CHANGE OF USE SERVICE AND UTILITY TYPE 3
(TOWER) MCU13/0067 SITUATED AT GRAHAMS RD, PINBARREN
Docum e nt in for m ati on
Author Development Planner, Jack Lewis
Planning & Infrastructure Department
Index ECM/Application/MCU13/0067, Subject/Material Change of Use
Attachments 1. Locality Plan
2. Proposal Plans
3. Photomontages
APPLICATION DETAILS
Applicant Aurecon on behalf of NBN Co
Proposal Development Permit for Material Change of Use - Service &
Utility Type 3 Tower
Properly Made Date 22 April 2013
Information Request Date 16 May 2013
Information Response 8 May 2014
Date
Decision Due Date 5 August 2014
Number of Submissions 6 Properly Made Submissions
PROPERTY DETAILS
Property Address Grahams Road, Pinbarren
RP Description Lot 14 M37911
Land Area 15.9 ha
Existing Use of Land Vacant
STATUTORY DETAILS
SEQRP Designation Regional Landscape & Rural Production
Locality Mary River Catchment
Zone Rural
Overlays Natural Hazards (Medium Bushfire), Natural Resources
(Agricultural Land Conservation Area)
Assessment Type Impact
Page 27 of 133
Section 28
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 22 JULY 2014
RECOMMENDATION
That Council note the report by the Development Planner regarding Application No.
MCU13/0067 for a Development Permit for Material Change of Use for Service & Utility Type
3 Tower situated at Grahams Road, Pinbarren; and
A. Approve the application in accordance with the following conditions:
PLANNING
When Conditions must be Complied With
1. Unless otherwise stated, all conditions of the Decision Notice must be complied with
prior to the use commencing, and then compliance maintained at all times while the
use continues.
Approved Plans
2. Development authorised by this approval must be undertaken generally in accordance
with the Approved Plans listed below, unless otherwise amended by the conditions of
approval.
Plan No. Rev. Plan Name Date
4POM-51-09-COTT-C2 04 Overall Site Plan drawn by Aurecon 15/04/2014
4POM-51-09-COTT-C3 04 Site Set-out Plan drawn by Aurecon 15/04/2014
4POM-51-09-COTT-C4 04 Site Elevation and Details drawn by 15/04/2014
Aurecon
Building Height
3. The maximum height of the structure must not exceed 31 metres above the finished
ground level and the natural ground surface.
4. Certification must be submitted to Council from a Licensed Surveyor which certifies
that the monopole structure does not exceed the maximum height requirement of this
Decision Notice.
5. No lights are permitted to be attached to the telecommunications facility, except where
required for aircraft hazard lighting purposes or similar.
Health and Safety
6. The development must not, at any time during the life of the development, result in
human exposure to environmental electromagnetic emissions exceeding the current
regulations, standards and/or recommendations of the Australian Radiation Protection
and Nuclear Safety Agency (ARPANSA). The carrier of the infrastructure must provide,
at any time upon request by Council, written certification to demonstrate compliance
with this condition. The written certification must assume:
(a) a maximum number of users over the lifetime of any pole or other supporting
structure
(b) full power usage
(c) a maximum down tilt of antennae.
7. Warning information signs and security fencing must be provided on the site to prevent
unauthorised entry. Fencing must be camouflaged through the use of colours,
materials and screening vegetation to blend the fence into the visual landscape.
Colours and Finishes
8. The monopole and associated panels must be finished in colours that blend in visually
into the landscape.
Cessation of Use
9. The telecommunications facility must be removed from the site upon cessation of the
use.
Page 28 of 133
Section 29
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 22 JULY 2014
Landscaping Plan
10. Dense screening vegetation shall be established around the enclosure in accordance
with Council’s Policy on Landscaping Guidelines and a properly prepared landscape
plan. Such landscaping is to be completed prior to the commencement of the use and
maintained at all times thereafter. The Landscape Plan shall include at a minimum:
(a) The identification and retention of the existing trees within a 50m distance
around the fenced compound area of the tower.
(b) Appropriately selected tree species and understorey plantings to achieve dense
visual screening of the tower and having regard to the soil conditions. Trees
included shall be able to achieve up to 20m in mature height, though inclusion of
fast growing species is also desirable to achieve early visual screening.
(c) The planting areas should maximise the screening opportunities surrounding the
tower and include appropriate planting for a distance up to 20m beyond the
perimeter of the lease area, whilst maintaining access and electricity supply.
A development application for Operational Works shall be required in this regard.
Roadworks
11. The developer must provide an access driveway extending from the end of the existing
driveway servicing 66 Mountain View Road to the site of the telecommunications
tower. The works must be undertaken in accordance with an Operational Works
approval and must include:
(a) A formation sufficient to cater for the vehicle types expected during the
construction and operational phases of the development
(b) An alignment that protects significant vegetation and minimises the effects on the
adjoining properties.
12. During the construction phase the developer is responsible for maintenance of the
access driveway extending from the end of the sealed section of Mountain View Road
to the site of the telecommunications tower.
13. During the operational phase:
(a) The developer is responsible for the ongoing maintenance of the access
driveway extending from the end of the existing driveway servicing 66 Mountain
View Road to the site of the telecommunications tower,
(b) The developer must enter into an agreement with the owner of 66 Mountain View
Road to share the costs of ongoing maintenance of the access driveway
extending from the end of the sealed section of Mountain View Road to the end
of the existing driveway servicing 66 Mountain View Road.
B. Find the following are sufficient grounds to justify the decision despite the conflict with
the Planning Scheme:
1. The telecommunications facility will provide coverage for the NBN fixed wireless
network, allowing for the delivery of higher speed data to households in the area;
and
2. The proposal is screened by substantial vegetation buffers and does not
adversely impact the existing visual qualities of the area.
Page 29 of 133
Section 30
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 22 JULY 2014
REPORT
1 Proposal
The application seeks approval for a Development Permit for Material Change of Use for a
telecommunications monopole associated with the establishment of the fixed wireless
network infrastructure of the National Broadband Network (NBN). Fixed Wireless is a
network of base station facilities that are proposed to provide a broadband service, via radio
transmissions to the majority of rural and rural residential properties within the Noosa Shire.
These base stations communicate directly with antennas fixed to individual premises (eg,
dwellings or businesses) to deliver wireless broadband access. The proposed tower is
designed to serve approximately 230 rural residential properties surrounding Pinbarren.
The proposal is for a 31 metre high monopole located at Grahams Road, Pinbarren. The
infrastructure includes radio transmission equipment and outdoor cabinets, which are within
an 80m2 leased compound. The lease area is located 12m from the unmade road reserve
dissecting the existing farm. The locality plan and proposal plan are included as Attachments
1 & 2.
2 Site Details
2.1 Background
As part of the site selection process, the applicant was asked to consider other alternatives
sites within the coverage area that were not visually obtrusive. Subsequently, on the 18
March 2014, the applicant undertook an information session at the Cooran Memorial Hall for
the community to find out more about the planned network and provide feedback on the
proposal.
Following the community feedback from this session, the applicant has redesigned the
service network by relocating the tower further towards existing vegetation on the site, while
also reducing its height from 41m to 31m.
2.2 Site Description
The site is approximately 3.5km to the east of Cooran and 3.5km to the north of Pomona.
The subject property is 15.9ha in size and forms part of the Graham’s farm, which extends
over 4 properties and has a combined area of 69ha.
There is an unmade road reserve extending from Mountain View Road in the west dissecting
the existing farm. The farm includes an existing house, which accesses Grahams Road and
is located 330m from the proposed infrastructure. The farm is currently used for grazing and
there is sparse vegetation on the existing hills, except for a cluster of Kauri Pines and
Eucalypts along the ridgeline, where the infrastructure is proposed.
2.3 Surrounding Land Uses
The site adjoins existing rural properties with similar sized allotments. The closest dwellings
to the infrastructure are 66 Mountain View Road (340m) to the west, 310 Pomona Kin Kin
Road (300m) to the north west and 292 Pomona Kin Kin Road (270m) to the north.
Photomontages of the tower are included as Attachment 3.
3 Assessment
The application has been assessed against the following statutory instruments, including:
the South East Queensland Regional Plan,
any applicable state planning policies,
the state planning regulatory provisions, and
any applicable temporary local planning instrument
Page 30 of 133
Section 31
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 22 JULY 2014
The proposal is consistent with the higher order plans and policies. The subject site is
located in the Mary River Catchment Locality and is zoned Rural by The Noosa Plan.
The proposed use is identified as inconsistent within the zone and required to follow an
impact assessable application process. While the whole of the planning scheme is
applicable, the following codes and policies are most relevant to the application:
Mary River Catchment Locality Code
Planning Scheme Policy 23 – Telecommunication Towers
Infrastructure Uses Code
The pertinent issues arising out of the assessment are discussed below.
Code Discussion
Mary River The proposed Infrastructure Use - Service & Utility Type 3 (Tower) is
Catchment identified as an inconsistent use within the Rural zone. The proposal
Locality Code is required to be assessed against the Overall Outcomes of the
Code. The relevant outcomes seek for structures to not visually
dominate the street, surrounding spaces or the existing skyline.
The proposed 31m high tower is located within the middle of the
existing Graham’s farm, adjacent to existing 25m high mature trees.
The siting of the structure is more than 270m away from the closest
residential dwelling and more than 560m away from Grahams Road.
The applicant indicates they have reduced the height and relocated
the infrastructure closer to the existing vegetation, as a direct
response to the community consultation which was carried out. The
changes reduce the visual bulk of the tower when viewed from
surrounding spaces, and is consistent with the Outcomes of the
Locality Code.
Planning Scheme Section 3.2 & 3.4 of the Policy outlines matters for consideration
Policy 23 - when assessing proposals for towers. The most applicable points
Telecommunication associated with the assessment of this proposal are:
Towers
3.2 a) Loss of vegetation on steep slopes or ridgelines; or
3.2 b) Visual scaring or the degradation of views or vistas
from the major road network; or
3.2 c) Alteration to key landform and landscape characters
such that they become dominated by the facility.
3.4 d) Be positioned to minimise clutter of multiple facilities.
3.4 e) Impact on views to and from waterways, beaches and
riparian zones.
No removal of vegetation or alteration to the landforms is required for
the 80m2 lease area. The existing vegetation surrounding the
infrastructure assists in screening the tower, while the monopole will
not be readily seen from the major road network. As a result, the
proposal meets the Outcomes of the Policy.
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PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 22 JULY 2014
Infrastructure Uses The Code includes requirements around two central themes - Health
Code & Safety and Visual Amenity.
Health & Safety
The Specific Outcomes of the Code require the development to avoid
unacceptable risks to the environment or to personal and public
safety. The applicant has provided a summary of the maximum
cumulative radiofrequency (RF) and electromagnetic energy (EME)
levels at ground level emitted from the proposed tower, assuming full
power usage. The summary indicates the proposed tower will emit a
maximum EME level from the tower, which is 0.021% of the
Australian Radiation Protection and Nuclear Safety Agency’s
(ARPANSA) regulated acceptable maximum radiation public
exposure limits.
Taking a precautionary approach to the sensitive issue concerning
health and safety over time, certification is to be provided by the
telecommunications carrier upon request. The certification must
demonstrate annual compliance with the Health & Safety
requirements compared to ARPANSA regulations.
Visual Amenity
Probable Solution 10.1 requires that the tower is not established in
the Detached Housing, Semi Attached Housing, Attached Housing or
Visitor Mixed Use zones. Probable Solution 10.3 also requires the
tower not to exceed 25m in the rural zone. The proposed 31m tower
is located within the Rural zone.
The corresponding Specific Outcome O39 seeks that the tower is
visually integrated with its landscape or townscape setting so as not
to be visually dominant or obtrusive.
The monopole has been sited amongst existing vegetation, and is
setback more than 270m from the closest residential dwelling. The
proposal is visually integrated with its setting so as not to dominate
when viewed from surrounding areas, complying with the Specific
Outcomes of this code.
A condition may be imposed for the development to be finished with
suitable muted tones, the tower to be restricted to 31m in height, and
for no lights to be attached. A condition may also be imposed for
existing vegetation to be secured around the perimeter of the lease
area, which would assist in visually screening the tower
infrastructure.
Overlay Provisions
The following overlay codes are applicable to this application:
Natural Hazards Overlay (Medium Bushfire Hazard Area)
The proposed development is a non-habitable structure, which will not result in an increase
in the number of people living, working or congregating in the mapped bushfire hazard area,
thus meeting the outcomes of the Natural Hazards Overlay.
Natural Resources (Agricultural Land Conservation Area)
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PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 22 JULY 2014
The entire 15.9ha property is mapped by the overlay. The use of 80m 2 of the site for the
infrastructure use is compatible with the existing agricultural use and does not compromise
the outcomes of the code.
Infrastructure Charges
The proposed Service & Utility – Type 3 (tower) does not attract an infrastructure charge.
4 Consultation
4.1 IDAS Referral Agencies
Not Applicable.
4.2 Public Notification
The application was publicly notified for 15 business days in accordance with the
Sustainable Planning Act 2009. Six properly made submissions were received. The following
table provides a summary and assessment of the issues raised by submitters.
Issues Comments
Possibility of co-location on the pole by other Other telecommunication service providers may co-
providers. locate on the tower, in accordance with the
Telecommunications Act. The other providers usually
locate their infrastructure 5m below the existing
headframe. The provider requests Council’s formal
comments when this occurs. Council then considers
the existing approvals for the site and whether any
additional infrastructure is considered visually
obtrusive.
Grahams Rd is becoming a dumping ground It is acknowledged there is an existing Energex
for infrastructure projects, with this substation along Grahams Road, which is located
development further degrading the amenity 1.1km to the south of the subject tower. The
of the area. proposed tower is located on the opposite side of the
road of the substation and more than 580m away
from Grahams Road. The proposed development is
located away from existing houses, roads and the
infrastructure, so as to not degrade the existing
visual amenity of the surrounding premises.
The development is inconsistent within the Although the development is inconsistent with the
rural zoning. Rural zone, it is considered there are sufficient
grounds to support the development.
Misleading Photomontages. The applicant provided photomontages of the
proposed infrastructure from three locations
surrounding the subject site. During the response to
information stage the applicant has reduced the size
and relocated the tower behind existing vegetation
buffers. The photomontage indicates only a portion of
the headframe will be visible to the neighbouring
property at 292 Pomona Kin Kin Rd (Noosa Avalon
Cottages). The tower is comparable in size with on
ground surveys of the existing trees, and has been
aligned to minimise visual impacts to Mount
Cooroora, which was evident from Council’s
inspections.
Community consultation did not include the The applicant met the requirements for public
owners along Grahams Road. notification as described by the Sustainable Planning
Act 2009. It is acknowledged the applicant also
undertook additional community consultation during
the application process.
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PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 22 JULY 2014
The development should be located on the The infrastructure is designed to serve the rural
western side of Pomona Kin Kin Rd, as the areas outside of Pomona, Cooran and Pinbarren,
development is to serve Cooran residents. which will not be serviced by broadband to the
node/premises. The applicant has explored the
options of three alternative sites located to the west
of Pomona Kin Kin Rd. The applicant indicates that
the elevations on the western side of the road are
20m below the proposed development’s height, and
require a much larger tower (50m), located closer to
Rural Settlement zoned land and is technically less
feasible, being further away from the targeted
residents.
Maintenance of the driveway to access the The development proposes to access the site via
site. Mountain View Road. Currently, there is only one
household located at the end of the road, whom also
maintains this reserve. Conditions are recommended
for the applicant to provide an access driveway from
the end of the existing driveway, be responsible for
the maintenance of the road during construction
phase and share ongoing maintenance of this portion
of the road.
Support the proposal for increase in internet Noted
speeds.
Devalue surrounding properties. The proposal does not compromise the existing
visual amenity of the area.
Request the tower be painted green to blend A condition may be imposed for the tower to be
into the environment. finished in colours that blends in visually into the
landscape.
All trees should be maintained and further A condition may be imposed for a subsequent
landscaping requested to screen the tower. landscaping plan to be approved, which will depict
existing trees for retention and provide
supplementary planting for visual screening.
Health impacts. The summary indicates the proposed tower will emit
a maximum EME level from the tower, which is
0.021% of the Australian Radiation Protection and
Nuclear Safety Agency’s (ARPANSA) regulated
acceptable maximum radiation public exposure
limits.
5 Conclusion
The proposed development is for a 31m high tower to be erected at Grahams Road,
Pinbarren for the establishment of the fixed wireless network infrastructure of the National
Broadband Network (NBN). The site is located within the Rural zone and the proposed
Infrastructure use as a Service & Utility Type 3 Tower is identified as an inconsistent use
within the zone.
Despite the inconsistency with the zone, the application has been assessed against the
provisions of The Noosa Plan and does not raise any significant planning concerns. The
tower does not pose an unacceptable risk to public safety. The proposed location is set
amongst existing vegetation and is an acceptable distance away from neighbouring
properties and the major road network, so as not to be visually dominant or obtrusive.
While the proposed use raises a conflict with the Mary River Catchment Locality Code, it is
considered that the following grounds are sufficient to support the proposal:
The telecommunications facility will provide coverage for the NBN fixed wireless
network, allowing for the delivery of higher speed data to households in the area; and
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PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 22 JULY 2014
The proposal is screened by substantial vegetation buffers and does not adversely
impact the existing visual qualities of the area.
The application is therefore recommended for approval, subject to conditions.
Departments/Sections Consulted:
Community Services x Planning & Infrastructure
Disaster Management & Public Order Building & Plumbing Services
Waste & Environmental Health x DA Planning
Community Facilities Strategic Land Use Planning
Cultural Facilities x Asset Design & Investigations
Asset Planning
x Civil Operations
Environment
x
Executive Office Corporate Services
Community Engagement Finance
Customer Service ICT
Executive Support Procurement & Fleet
Governance Property & Facilities
Human Resources Revenue Services
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PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 22 JULY 2014
Attachmant 1
Locality Plan
Page 36 of 133
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PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 22 JULY 2014
Attachment 2
Proposal Plans
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PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 22 JULY 2014
Page 38 of 133
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PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 22 JULY 2014
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Page 40 of 133
Section 41
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 22 JULY 2014
Page 41 of 133
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oo 5Section 42
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 22 JULY 2014
4 DEVELOPMENT APPLICATION FOR PRELIMINARY APPROVAL FOR BUILDING
WORKS ALTERATIONS AND ADDITIONS TO A DETACHED HOUSE PBA14/0011
SITUATED AT 46 NAIRANA REST, NOOSA HEADS
DOCUMENT IN FOR MATI ON
Author Planning Technical Officer, Glen Conforti
Planning & Infrastructure Department
Index ECM/Application/PBA14/0011, Subject/Preliminary Building Approval
Attachments 1. Locality Plan
2. Proposed Plans
APPLICATION DETAILS
Applicant Mr CI Dew
Proposal Preliminary Approval for Building Works Assessable against the
Planning Scheme for alterations and additions to a detached house
Properly Made Date 23/06/2014
Information Request Date 07/02/2014
Information Response Date 23/06/2014
Decision Due Date 21/07/2014
Number of Submissions Not Applicable
PROPERTY DETAILS
Property Address 46 Nairana Rest, Noosa Heads
RP Description Lot 36 RP88934
Land Area 506m²
Existing Use of Land Detached House
STATUTORY DETAILS
SEQRP Designation Urban Footprint
Locality Noosa Heads
Zone Detached Housing
Overlays Natural Hazards Overlay – Medium Bushfire Hazard
Natural Hazards Overlay – Landslide Hazard
Assessment Type Code
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PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 22 JULY 2014
RECOMMENDATION
That Council note the report by the Planning Technical Officer to the Planning &
Organisation Committee Meeting dated 22 July 2014 regarding Application No. PBA14/0011
a Preliminary Approval for Building Works Assessable against the Planning Scheme for
alterations and additions to a detached house and refuse the application on the following
grounds:
1. The proposed building does not present as low rise and is of a height that is not
consistent with the predominant height of surrounding buildings in the area.
2. The proposed building height and reduced side setback is likely to adversely impact
on the amenity of the adjoining property and be imposing and dominate this property.
3. The proposed building height is not warranted by the site’s topography having a
relatively moderate slope nor does the proposal step down the slope.
4. The proposed development is contrary to the Building Works Code and The Noosa
Plan and there are insufficient grounds to justify the conflict.
REPORT
1. PROPOSAL
The application seeks approval for Preliminary Approval for Building Works Assessable
against the Planning Scheme for alterations and additions to a detached house which
exceeds the building height in metres and storeys and does not comply with the setback to
the upper floor required by the Planning Scheme.
The proposal is to retain the existing lower floor (subfloor) structure of the existing dwelling
and utilise the existing rooms for a bedroom, ensuite and music room. The new ground floor
level includes a foyer, outdoor living areas, laundry, and kitchen and associated living areas.
Bedroom 1, a walk in robe, ensuite and an office are located on the upper floor. The external
finishes are varied and include Hebel panels, colour bond and timber. A sliding screening
device is located along the western elevation.
Bedroom 1, the ensuite and the office on the upper level renders a portion of the dwelling 3
storeys. The upper level does not comply with the required side setback of 2.5 metres being
2.063 metres. The upper level roof is proposed between 7.5 metres and 9.9 metres above
the natural ground level. The south west corner of the roof is proposed at 8.9 metres above
the natural ground level.
2. SITE DETAILS
2.1. Background
The application was originally incorrectly submitted as a Concurrence Agency Referral.
Given the proposal is not a Material Change of Use (not a new dwelling) as the lower floor
(sub floor) is being retained, Schedule 4 of the Sustainable Planning Act 2009 does not
apply. This means that Council is the Assessment Manager and the application is required to
follow a Code Assessable application process rather than a Concurrence Agency Referral
from the Building Certifier.
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PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 22 JULY 2014
2.2. Site Description
The site currently contains a 2 storey dwelling with a masonry base and either fibre cement
or timber weather boards to the upper storey.
The original natural ground level sloped at an approximate rate of 1:5 diagonally from the
north east corner to the south west corner of the lot. The site has been previously excavated
and modified to accommodate the sub floor which has flattened out the lot.
2.3. Surrounding Land Uses
The surrounding land uses in close proximity generally consist of detached dwellings in the
Detached Housing zone, except for the north-western section of Nairana Rest where a few
unit complexes exist which are remnants of a superseded planning scheme. The adjoining
dwelling is 3 storeys and was constructed lawfully at the time but the anomaly in The Noosa
Plan which allowed this to occur has been rectified. There are 3 storey structures in the
vicinity of the proposal which also exceed the current building height of 8m required by The
Noosa Plan. In this regard the adjoining dwelling and a dwelling 3 doors to the east both
exceed the maximum building height in metres and storeys. Notwithstanding this, the
predominant building height in the area does not exceed 8m and 2 storeys.
3. ASSESSMENT
3.1. Instruments for Statutory Assessment
Under the Sustainable Planning Act 2009 the application must be assessed against each of
the following statutory planning instruments to the extent they are relevant to the
development:
State Planning Policies;
the South East Queensland Regional Plan;
State Planning Regulatory Provisions;
any Structure Plan or Master Plan in place for declared areas;
any Preliminary Approval Overriding the Planning Scheme for the land;
the Planning Scheme for the local government area; and
any Temporary Local Planning Instrument in place for the local government area.
Of these, the statutory planning instruments relevant to this application are discussed in the
sections that follow.
3.2. State and Other Statutory Instruments
South East Queensland (SEQ) Regional Plan 2009 - 2031
The site is located within the Urban Footprint area of the SEQ Regional Plan. The proposal
is consistent with the regional policies of the SEQ Regional Plan.
State Planning Regulatory Provisions
The proposal is for an urban activity within the Urban Footprint and is consistent with the
SEQ Regional Plan Regulatory Provisions
3.3. Statutory Instruments – Planning Scheme
The subject site is located in the Noosa Heads Locality and is zoned Detached Housing. The
proposed use is identified as a consistent use within the zone and is required to follow a
code assessable application process.
Locality Provisions
Not Applicable
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PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 22 JULY 2014
Land Use
The application has been assessed against the Building Works Code. The pertinent issues
arising out of the assessment are discussed below.
The proposal is 3 storeys and exceeds the required building height in metres with the
majority of the upper level roof exceeding 8 metres. The maximum height of the roof is
proposed at slightly less than 10 metres above the natural ground level. The upper level
does not comply with the required 2.5 metre setback to the western side boundary, being
2.063 metres.
Setbacks
The code sets out the following relevant provisions for setbacks:
Setbacks
O1 Buildings and other structures are appropriately designed and sited to —
a) provide amenity for users of the premises as well as preserve the visual and
acoustic privacy of adjoining and nearby land uses;
b) preserve any existing vegetation that will buffer the proposed building from
adjoining uses;
c) allow for landscaping to be provided between buildings;
The upper level has the potential to overlook a northern balcony of the western adjoining
property. While existing vegetation and additional landscaping could help to buffer and
screen the proposal, it would not alleviate the potential impact of the increased building
height and the reduced setback. The proposal has the potential to adversely impact on the
privacy of this property.
Height
The Code provides the following Outcomes for structures that exceed building height in
metres and storeys:
Height
O10 Buildings and other structures–
a) are low rise and present a building height consistent with structures on
adjoining and surrounding land;
b) have a maximum building height of–
i) for Visitor Mixed Use Zone - 3 storeys;
ii) if in the Noosa Heads Locality, Attached Housing Zone—
• Lot 4 on SP 100064 in Serenity Close Noosa Heads - 4 storeys;
• Otherwise - 3 storeys;
iii) if in the Shire Business Centre Zone—
• Precinct E1 or E2 - 3 storeys;
• Precinct REC/MU - 1 storey;
iv) if in the Noosaville Locality and the Attached Housing Zone - 2 or 3 storeys
depending on the location of the site;
v) otherwise - 2 storeys;
c) do not visually dominate the street, surrounding spaces or the existing
skyline;
d) preserve the amenity of surrounding land including privacy, views and access
to sunlight;
e) respect the scale of surrounding vegetation; and
f) respond to the topography of the site by stepping down the slope or sitting
above the ground level on stumps, for sloping sites.
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PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 22 JULY 2014
The applicant has provided a shading diagram which indicates some minor additional
shading to the western neighbour at the winter solstice and also offers the following
justification for the proposal:
energy efficient design
6 star + rating
Extensive use of renewable materials
Recycle/reuse as much existing building materials as possible
Complements surrounding natural feel
Provide privacy for neighbours
Utilising existing building structure - to reduce impact on local tip
10 degree fall across land is the only contributing factor to request
SCC council would approve this application due to fall being >10%
No impact from street level
No impact to view for neighbour on high side
Retaining existing lower building structure has an effect on overall height
The proposal is a similar height to the adjoining dwelling and another dwelling in close
proximity and presents as 2 storeys to the street. The neighbouring dwelling is shown in
Figure 1 and the other dwelling in close proximity in Figure 2 below. There are also other
similar height unit complexes in the surrounding area, but not in close proximity.
Notwithstanding the above, 3 storey buildings are not the predominate character of this area
being for detached housing 8 metres or less and 2 storeys in height.
Figure 1 - Adjoining property Figure 2 - property 3 door to the east
The proposal is also not low rise, exceeding the required 8 metre building height by up to 2
metres. The upper storey overlooks the neighbouring properties northern balcony, a small
lower floor room and some high level windows. There is the potential to negatively impact
on the amenity of this property in terms of privacy and a minor effect on access to light to the
high level windows. Furthermore, the dwelling being nearly 10 metres high and only 2
metres from the boundary is imposing and dominating when viewed from the western
neighbour’s property. This is compounded by this neighbour being further down slope of the
proposal. While the western neighbour’s aspect is to the west (for significant views) and not
towards the subject site, the proposal will still have an adverse impact on their property.
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PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 22 JULY 2014
Figure 3 shows an annotated plan of the western elevation that faces the western neighbour
and the height of the roof above the natural ground level which will be seen by the
neighbour.
Figure 3 - Elevations
The design does not respond to the topography of the site by effectively locating the
additional storey at the level of the existing roof line. Furthermore, there is sufficient space in
the sub floor area to accommodate the equivalent area of the upper level, albeit without the
views. Figure 4 below shows the existing view from the western neighbour’s property and
the existing sub floor area which could be utilised for additional floor space.
Figure 4 - Existing view from the west and the sub
floor area Page 47 of 133
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PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 22 JULY 2014
Overlay Provisions
Not Applicable
4. CONCLUSION
Although the adjoining dwelling and a few developments in the surrounding area exceed the
provision for building height in metres and storeys, this is not the predominate character of
the area. Therefore the proposal is not consistent with the character of structures in the area.
The proposal being nearly 10 metres above the natural ground level is not low rise and is
imposing on and has the potential to negatively impact on the adjoining neighbour.
Furthermore, the increased building height is not warranted by the site’s topography, with the
site having a modest slope. There are not sufficient grounds to justify approval despite the
conflict with the planning scheme and therefore the proposal is recommended to be refused.
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 48 of 133
Section 49
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 22 JULY 2014
5 PLANNING & ENVIRONMENT COURT APPEAL D94/2014 EXTENSION TO
RELEVANT PERIOD FOR MULTIPLE DWELLING (26 DWELLING UNITS) &
ACCOMMODATION BUILDING (12 ACCOMMODATION UNITS) 132003.221199.3
SITUATED AT 27 ATTUNGA HEIGHTS, NOOSA HEADS
DOCUMENT IN FOR MATI ON
Author Planning & Environment, Manager, Kerri Coyle
Planning & Infrastructure Department
Index ECM/Application/132003.221199.3/142007.2555.04 & Case/Neate
Attachments Nil
APPLICATION DETAILS
Applicant David Neate
Proposal Request to Extend Relevant Period for
Development Permit for Material Change of Use for Multiple
Dwelling Units (26 Dwelling Units) and Accommodation
Building (12 Accommodation Units)
Development Permit for Operational Works for Landscaping,
Drainage, Stormwater, Vegetation Clearing, Water &
Sewerage, Earthworks, Access & Parking
Appeal Filed 2 June 2014
Number of Submissions 32 Properly Made Submissions and 6 not properly made
PROPERTY DETAILS
Property Address 27 Attunga Heights, Noosa Heads
RP Description Lot 27 RP 89506
Land Area 1.805ha
Existing Use of Land Detached House
STATUTORY DETAILS
SEQRP Designation Urban Footprint
Locality Noosa Heads
Zone Open Space Conservation, Attached Housing & Detached Housing
Overlays Biodiversity Overlay (Environmental Protection)
Natural Hazards (Medium Bushfire, Landslide, Low Potential Acid
Sulfate Soils)
Page 49 of 133
Section 50
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 22 JULY 2014
RECOMMENDATION
That Council note the report by the Planning & Environment, Manager to the Planning &
Organisation Committee Meeting dated 22 July 2014 regarding Planning & Environment
Court Appeal D94/2014 for the Attunga Heights development and agree to defend the
appeal.
REPORT
A report on this application to extend the relevant period for the development approvals for
Attunga Heights for 2 years was considered by Council at its Ordinary meeting of 1 May
2014. Council resolved to refuse the request for the following reasons:
1. The development is contrary to the Noosa Plan’s Overall and Specific Outcomes for
the Noosa Heads Locality.
2. The application was publicly notified in 2004 and given the time lapsed, the community
is unlikely to be aware of the development approval.
3. The proposed development were it to be publicly notified today, is likely to receive
submissions objecting to the development, given the significant non-compliance with
The Noosa Plan.
An appeal was lodged with the Planning and Environment Court on behalf of the applicant
on 2 June 2014. The appeal seeks to overturn Council’s decision.
It is in order for Council to defend the appeal and the recommendation is worded
accordingly.
Previous Council Consideration
A report on this application was considered by Council at its Ordinary meeting of 1 May
2014.
Finance & Risk
There will be significant costs for Council involved in defending the appeal and it is
premature to advise on the appeal prospects.
Consultation
External Consultation – Community & Stakeholder
Nil.
Internal Consultation
Departments/Sections Consulted:
Community Services x Planning & Infrastructure
Disaster Management & Public Order Building & Plumbing Services
Waste & Environmental Health x 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 50 of 133
Section 51
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 22 JULY 2014
6 REVIEW OF INSTRUMENTS OF DELEGATIONS PLANNING & DEVELOPMENT
Docum e nt in for m ati on
Authors Project Officer Governance, George Corkill
Planning & Environment Manager, Kerri Coyle
Index ECM/Governance & Executive/Delegation of Authority
Attachments 1. Delegations Council to Chief Executive Office
EXECUTIVE SUMMARY
At its Ordinary meeting held 6 March 2014, Council delegated to the Chief Executive Officer
the exercise of powers as contained in the Sustainable Planning Act 2009 and Integrated
Planning Act 1997 and Building Act 1975.
In accordance with other delegations adopted by Council a review of the LGAQ on-line
Delegations Register has been undertaken and it is proposed to adopt the LGAQ
delegations format for the following delegations from Council to the CEO referred to in
Attachment 1.
The Building delegations are intended to be reported to Council separately with the
Plumbing delegations.
In addition, a review of the conditions of delegation for the Sustainable Planning Act 2009
has been undertaken and it is proposed to discontinue the 3 day referral to Councillors and
instead provide the ability for Councillors to request a matter to be considered at a Council
meeting, with the request to be made before the decision stage commences.
RECOMMENDATION
That Council note the report by the Project Officer Governance and Planning & Environment
Manager to the Planning and Organisation Committee dated 22 July2014 and
A. Rescind existing Delegation of Authority - Integrated Planning; and
B. Delegate to the Chief Executive Officer pursuant to section 257 of the Local
Government Act 2009 all powers referred to in Attachment 1.
REPORT
1. Proposed amendments to current delegations and conditions
(a) Format
The review of the online delegations register provided by LGAQ resulted in amending the
current Sunshine Coast Council format to the LGAQ format to bring them into line with
existing Noosa Council to CEO delegations as detailed in Attachment 1:
Building
Sustainable Planning
Page 51 of 133
Section 52
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 22 JULY 2014
(b) Condition Revision
At the Ordinary Meeting of 6 March 2014 Council generally resolved that:-
1. The following planning applications would be reported to a Council meeting for a
decision:-
(a) an application for a preliminary approval mentioned in section 242 of the Act to
vary the effect of the planning scheme ;
(b) the approval of a proposed development where there is substantial non-
compliance with a stated policy of the Council or a high order provision of the
planning scheme being a desired environmental outcome, or an overall outcome
of a code;
(c) the refusal of any application where Council is the assessment manager;
(d) requests, including Negotiated Decision requests, to change or cancel conditions
that were imposed by Council at an Ordinary Meeting;
(e) an application for a proposed development of significant community interest.
2. All planning applications be referred to Councillors for 3 business days prior to
deciding the application. In this way a Councillor may request the matter to be
considered at a Council meeting, instead of being determined under delegation.
3. The planning and development instruments of delegation be reviewed and a further
report presented to Council prior to the expiry of the 6 month trial period.
The 6 month trial period is coming to a close and during this time it is noted that officers
have not received any requests for a matter to be considered at a Council meeting, that
weren’t already intended to be reported to Council. However, the 3 day referral has assisted
some Councillors understanding of planning and development matters that arise in the Shire.
On this basis, it is appropriate that the 3 day referral to Councillors be reviewed, particularly
given the time frame for a decision under the new planning legislation is anticipated to
shorten. Also, the State Development, Infrastructure and Planning (Red Tape Reduction)
and Other Legislation Amendment Bill 2014 proposes to rescind the iconic provisions
introduced at the time of local government amalgamations. This will mean code assessable
applications not decided within the decision time frame may be ‘deemed approved’, as
currently provided for other local government areas not identified as an iconic place.
Notably, impact assessable applications not decided within the decision time frame may be
‘deemed refused’.
Instead, an option may be to:-
Continue to provide a list of new applications lodged with Council on a monthly basis.
Continue to ‘automatically’ report to Council those items listed in 1(a) to 1(e) above.
Continue to provide a list of all applications decided by officers on a monthly basis.
And provide for the ability for Councillors to request a matter to be considered at a
Council meeting, with the request to be made before the decision stage commences.
In terms of items listed in 1(a) to 1(e) it is considered necessary that some exclusions apply
due to statutory time constraints to address and avoid the potential for applications that may
be ‘deemed approval’ pursuant to sections 330-331 of the Sustainable Planning Act 2009.
This applies to applications for development that are required to follow a code assessable
process.
Page 52 of 133
Section 53
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 22 JULY 2014
2. Redundant delegation
The Delegation of Authority – Integrated Planning is to be rescinded on the basis it
references the repealed Integrated Planning Act 1997.
Previous Council Consideration
OM 6 March 2014
“The planning and development instruments of delegation be reviewed and a further report
presented to Council prior to the expiry of the 6 month trial period.”
Legal
This report is prepared in accordance with the requirements of the Local Government Act
and various other State Government Acts. The delegation of powers to the CEO and/or
Council officers is not mandatory and Council may retain, rescind or amend a power if it
wishes.
Finance & Risk
The amendment of Council’s existing delegations has been met through core budget
provisions. Operationally if delegations are not current or officers operate outside of their
delegated authority the decisions made may be illegal and unauthorised. This may expose
Council to the risk of unnecessary and expensive legal action by third parties.
To manage this risk delegated powers can only be exercised in accordance with the scope
and limitations of the subject officer’s letter of appointment and/or, position description,
qualifications, technical knowledge and legislative requirements.
Additionally, the officer must take into account any conditions of delegation, relevant Council
resolutions, policies, procedures etc.
Consultation
External Consultation - Community & Stakeholder
There is no requirement to undertake external consultation.
Internal Consultation
Chief Executive Officer
Director Planning & Infrastructure
Departments/Sections Consulted:
Community Services x Planning & Infrastructure
Disaster Management & Public Order x Building & Plumbing Services
Waste & Environmental Health x DA Planning
Community Facilities x Strategic Land Use Planning
Cultural Facilities Asset Design & Investigations
Asset Planning
Civil Operations
Environment
x Executive Office Corporate Services
Community Engagement Finance
Customer Service ICT
Executive Support Procurement & Fleet
Governance Property & Facilities
Human Resources Revenue Services
Page 53 of 133
Section 54
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 22 JULY 2014
Attachment 1
DELEGATION OF AUTHORITY
TITLE: SUSTAINABLE PLANNING
Delegation by the Council to: Date:
Chief Executive Officer
Delegation by the Chief Executive Officer to: Date approved:
Source of Authority:
Local Government Act 2009 - Section 257
Sustainable Planning Act 2009
Delegated Power:
1. To exercise the Council’s powers pursuant to the Sustainable Planning Act 2009
(Act).
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power, as a local government, to accept or refuse a request made Section 96
under section 95, including extending the request period by 10 days.
Power, as a local government, to issue a written notice of Council’s Section 97
decision under section 96.
Power, as a local government, to decide an application for extension Section 98(2) and
of time made under section 98(2), and give written notice of that (4)
decision.
Power, as a local government, to publish in a local newspaper and Section 123(3)
government gazette notice of a repealed temporary planning
scheme.
Power, as a local government, to publish in a local newspaper and Section 124(3)
government gazette notice of a repealed planning scheme policy.
Power, as a local government, to make submissions to the Minister Section 125(3)(b)
about the proposed exercise of the State’s power, after being given
written notice under section 125.
Power, as a local government or owner of any land to which the Section 207
proposed designation applies, to make a submission to the Minister
in relation to a Ministerial designation of land.
Page 54 of 133
Section 55
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 22 JULY 2014
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power to act as the “assessment manager” for all applications Sections 256, 259, 260,
received by Council under Chapter 6 of the Sustainable Planning Act 261, 262, 266, 267, 268,
272, 274, 276, 277, 279,
2009. For avoidance of doubt, the power delegated includes (without 280, 286, 297, 303, 304,
limitation) the power to take all actions of an assessment manager. 305, 309, 310, 313, 314,
315, 316, 317, 318, 324,
325, 327, 328, 331, 334,
337, 339, 348, 350, 352,
354, 355, 357, 362, 363,
368, 371, 373, 374, 375,
376, 378, 381, 383, 386,
387, 389, 417, 418, 419,
428, 433 and 434
Power to act as a “referral agency”, “concurrence agency” or “advice Sections 256, 271, 276,
agency” for all applications referred to Council under Chapter 6, Part 277, 279, 281, 282, 284,
285, 287, 288, 290, 291,
3 of the Sustainable Planning Act 2009. For avoidance of doubt, the 292, 348, 368, 371, 373,
power delegated includes (without limitation) the power to take all 374, 375, 376, 378, 385,
actions of a “referral agency” or a “concurrence agency” or an “advice 420 and 434
agency”.
Power, as an entity the Minister considers appropriate, to consult with Section 332
the Minister in relation to a making or amending the standard
conditions.
Power, as a local government, to give an applicant an new Section 364
infrastructure charges notice under section 633, regulated
infrastructure charges notice under section 643 or adopted
infrastructure charges notice under section 648F to replace the
original notice.
Power, as a local government, to carry out compliance assessment. Section 399
Power, as a local government, to assess and give the compliance Section 402
assessor written notice of Council’s response regarding the aspects
of a development requiring compliance assessment that must be
referred to the local government.
Power, as a compliance assessor, to decide a request, give an action Sections 405 and
notice, give a permit with conditions (if any) and give a certificate with 407
conditions (if any).
Power, as a compliance assessor, to respond to a request to Section 412
withdraw or change an action notice.
Power, as a compliance assessor, to decide an application to change Section 413
a permit or compliance certificate.
Power to commence proceedings in the Planning and Environment Section 456
Court for declarations and orders.
Power as an advice agency, where Council, in its advice agency Section 464
response, told the assessment manager to treat the response as a
properly made submission, to appeal to the Planning and
Environment Court.
Power, as a party to a proceeding decided by a building and Section 479
development committee, to appeal to the Planning and Environment
Court against the decision.
Page 55 of 133
Section 56
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 22 JULY 2014
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power, as assessment manager, to apply to the court to withdraw Section 485(6)
from an appeal, if the appeal is only about a concurrence agency’s
response.
Power, as an assessment manager, concurrence agency or referral Section 485(8)
agency for the development application, to elect to become a co-
respondent in an appeal.
Power, as a second entity required to be given notice of an appeal Section 487
under section 484, to elect to be a co-respondent.
Power, as a party to a proceeding, to appeal a decision to the Court Section 498
of Appeal.
Power, as an assessment manager, to bring a proceeding before a Section 510
building and development committee for a declaration about whether
the application is a properly made application.
Power, as a compliance assessor, to bring a proceeding before a Section 512
building and development committee about whether the request for
compliance assessment has lapsed under this Act.
Power, as a responsible entity, to bring a proceeding before a Section 513
building and development committee about whether a proposed
change to the approval is a permissible change.
Power, as a person entitled to bring a proceeding for declarations or Sections 515 and
as a person entitled to start an appeal before a building and 537
development committee, to request the proceeding be fast-tracked.
Power, as an entity that gave a notice under section 373, to appeal to Sections 521 and
a building and development committee against a decision on a 530 .
request to make a permissible change to the development approval.
Power, as an advice agency, to appeal to a building and Section 528
development committee about the giving of a development approval.
Power, as an assessment manager, to apply to withdraw from the Section 543
appeal if the appeal is only about a concurrence agency response.
Power, as an entity required under section 541 or 542 to be given Section 547(3) (b) .
notice of the appeal, to elect to be a co-respondent.
Power, as an assessment manager, to provide all material requested Section 551
by the registrar.
Power, as a party to an appeal or proceedings, to agree to have the Section 558(b)
matter decided on the basis of written submissions.
Power, as an assessing authority, to give a show cause notice. Section 588
Power, as an assessing authority, to give an enforcement notice. Section 590
Power to bring proceedings in the Magistrates Court on a complaint Section 597
to prosecute a person for an offence against Chapter 7, Part 3 of the
Act.
Power to bring proceedings in the Planning and Environment Court Section 601
for an enforcement order, an interim enforcement order, or to cancel
or change an enforcement order or interim enforcement order.
Page 56 of 133
Section 57
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 22 JULY 2014
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power, as assessing authority, where the Planning and Environment Section 614
Court has convicted a person of an offence against this Act, to apply
to the court for an order against the person for the payment of the
costs and expenses incurred in taking a sample or conducting an
inspection, test measurement or analysis during the investigation of
the offence.
Power, as a local government, to impose a condition in relation to Section 626
non-trunk infrastructure.
Power, as a local government, to impose a condition for supplying Section 626A
development infrastructure for 1 or more of the following:
a) networks internal to a premises;
b) connecting a premises to external infrastructure networks;
c) protecting or maintaining the safety or efficiency of the
infrastructure network of which the development infrastructure is
a component.
Power, as a local government, to levy a charge for supplying trunk Section 629
infrastructure.
Power, as a local government, to agree in writing, with the owner of Section 632(3)
the land to which an infrastructure charge relates, regarding a charge
to be levied.
Power, as a local government, to agree with the State infrastructure Section 635
provider for State-controlled roads that the infrastructure charge may
be used to provide works for the Council road network.
Power, as an infrastructure provider, to enter into a written agreement Section 637(1)
with a person to whom an infrastructure charges notice or a
negotiated infrastructure charges notice has been given.
Power, as a local government, to give the applicant a notice, in Section 637(2)
addition to, or instead of, the notice given under section 633 for
development infrastructure that is land.
Power, as a local government, to supply different trunk infrastructure Section 638
to that detailed in the priority infrastructure plan.
Power, as a local government, to enter into a written agreement with Section 639(2)
the applicant that an infrastructure charge is a debt.
Power, as a local government, to advertise Council’s regulated Section 641(4)
infrastructure charges schedule and notify the chief executive of the
department.
Power, as an infrastructure provider, to enter into a written agreement Section 647
with a person to whom a regulated infrastructure charges notice or
negotiated regulated infrastructure charges notice has been given.
Power, as a local government, to enter into a written agreement with Section 648(2)
the applicant that a regulated infrastructure charge is a debt.
Page 57 of 133
Section 58
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 22 JULY 2014
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power, as a local government and following Council making an Section 648D(3)
adopted infrastructure charge resolution, to publish in a newspaper
circulating generally in Council's area a notice stating:-
a) the name of Council;
b) the day the resolution was made; and
c) the details of the resolution, or how a person can obtain the
details.
Power, as a local government, on the day a notice is published under Section 648D(4)
section 648D(3), to give the chief executive:-
a) a copy of the notice; and
b) 3 certified copies of a document stating the details of the
resolution.
Power, as a local government, to give an adopted infrastructure Section 648F
charges notice.
Power, as a local government, to enter into a written agreement with Section 648K(1)
a person to whom an adopted infrastructure charges notice or
negotiated adopted infrastructure charges notice has been given,
about:-
a) whether the charge may be paid at a different time from that
stated in the notice and whether it may be paid by instalments;
and/or
b) whether infrastructure may be supplied instead of paying all or
part of the charge.
Power, as a local government, for development infrastructure that is Section 648K(3)
land, to give the applicant or person who requested compliance
assessment a notice, in addition to, or instead of, the notice given
under section 648F, requiring the applicant or person to give Council,
in fee simple, part of the land the subject of the development
application or request for compliance assessment.
Power, as a local government, where Council’s adopted infrastructure Section 648K(5)
charges resolution provides for the charge to increase under section
648D and where a notice under section 648K(3) has been given, to
increase part of the adopted infrastructure charge payable in
combination with land.
Power, as a local government, to enter into a written agreement with Section 648L(2)
an applicant or person who requested compliance assessment
stating that the charge is a debt owing to Council by the applicant or
person and section 648L(1) does not apply.
Power, as a local government, to impose conditions requiring the Section 649
applicant or person who requested compliance assessment to supply
different trunk infrastructure to that identified in the priority
infrastructure plan.
Power, as a local government, to impose conditions requiring Section 650
payment of additional trunk infrastructure costs.
Page 58 of 133
Section 59
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 22 JULY 2014
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power, as a local government, to enter an agreement with an Section 651
applicant or person who requested compliance assessment, where
development is completely in the priority infrastructure area, for the
refund of the proportion of the establishment cost of the
infrastructure.
Power, as a local government, to enter into an agreement with the Section 653(5)
State infrastructure provider and the person required to comply with a
conditions imposed by a State infrastructure provider about when
payment of the amount collected will be made.
Power, as a local government, to enter an agreement with an Section 656(2)
applicant and the State infrastructure provider for the refund of the
proportion of the establishment cost of the infrastructure
Power, as a public sector entity, to enter into a written agreement Section 658
with a person about supplying or funding infrastructure, or refunding
payments made towards the cost of supplying or funding
infrastructure.
Power, as a local government, to enter an infrastructure agreement. Chapter 8 Part 2
Power, as entity that gave the infrastructure charges notice, regulated Section 678
infrastructure charges notice or adopted infrastructure charges notice
to consider representations made about the notice under section 677.
Power, as the entity that gave the infrastructure charges notice, Section 679
regulated infrastructure charges notice or adopted infrastructure
charges notice, to make a decision in response to a representation
made about the notice under section 677 and, if required, give a
negotiated infrastructure charges notice, negotiated regulated
infrastructure charges notice or negotiated adopted infrastructure
charges notice.
Power to make comments in relation to draft terms of reference for an Section 691(8)
environmental impact statement.
Power, as a local government, upon receiving a copy of the draft Section 691(10)
terms of reference for an environmental impact statement, to make
the copy available for inspection and purchase until the last day for
making comments.
Power to make comments in relation to draft environmental impact Section 694 and 695
statement.
Power, as a local government, upon receiving a copy of the draft Section 694(7)
environmental impact statement, to make the copy available for
inspection and purchase until the last day for making comments.
Power to make submissions in response to public notification of a Section 721
development for public housing.
Power, as an entity required to keep a document available for Section 723(3)
inspection and purchase, to charge a person for supplying copy of
the document or part of the document.
Page 59 of 133
Section 60
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 22 JULY 2014
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power, as a local government, to decide that section 724(1)does not Section 724(5)
apply where reasonably satisfied that the documents mentioned in
section 724(1)(y) to (zd) contain—
(a) sensitive security information; or
(b) information of a purely private nature about an individual,
including, for example, someone’s residential address.
Power, as a local government, to decide that section 726(1) does not Sections 726(3)
apply where reasonably satisfied that the documents mentioned in
section 726(1) contain sensitive security information.
Power, as an assessment manager, to decide that section 728(1) Section 728(3)
does not apply where reasonably satisfied that the documents
mentioned in section 728(1) contain sensitive security information.
Power, as an assessment manager, to decide that section 729(1) Section 729(5)
does not apply where reasonably satisfied that the documents
mentioned in section 729(1)(i) or (j)—
(a) sensitive security information; or
(b) information of a purely private nature about an individual,
including, for example, someone’s residential address.
Power, as a compliance assessor, to decide that section 734(1)does Section 734(3)
not apply where reasonably satisfied that the documents mentioned
in section 734(1) contain—
(a) sensitive security information; or
(b) information of a purely private nature about an individual,
including, for example, someone’s residential address.
Power, as a local government, to publish information and documents Section 736
on Council’s website.
Power, as a local government, to decide that section 736(1) and (2) Section 736(5)
do not apply because the information contains sensitive security
information.
Power, as a local government, to issue a planning and development Section 741
certificate.
Power to make submissions in response to public notification of a Section 751
development application under Chapter 9 Part 7.
Power, as an assessment manager for a development application Section 755F
(distributor-retailer), to give a copy of the decision notice, negotiated
decision notice and a deemed approval notice to the distributor-
retailer.
Power, as a local government, to receive, from Council’s nominated Section 755H(2)
entity, requests for compliance assessment of the development
described in section 755H(1), document or work made on or after 1
July 2011 but before 28 February 2014.
Power, as a local government, to receive, from the distributor-retailer, Section 755H(4)
comments about the assessment of the development that the
distributor-retailer has undertaken under section 755H(3).
Page 60 of 133
Section 61
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 22 JULY 2014
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power, as a participating local government for a distributor-retailer, to Section 755I
give a copy of a compliance permit or compliance certificate given by
Council or received by Council under section 408(4) to the distributor-
retailer.
Power, as a local government, to impose under section 626, Section 755J
conditions in relation to non-trunk infrastructure for a distributor-
retailer’s water service or wastewater service.
Power, as a local government, to require, under section 649(2), Section 755Q(1)
different trunk infrastructure for a distributor-retailer’s water service or
wastewater service.
Power, as a local government, to impose, under section 649(3), a Section 755Q(2)
condition about trunk infrastructure for a distributor-retailer’s water
service or wastewater service.
Power, as a local government, to impose, under section 650(1), a Section 755R
condition about additional trunk infrastructure costs for a distributor-
retailer’s water service or wastewater service.
Power, as an assessment manger for a development application Section 755U
(distributor-retailer), to give a copy of a notice of appeal under section
482 that Council has received to the distributor-retailer for whom
Council is exercising concurrence agency jurisdiction.
Power, as a local government, to give a copy of a notice of appeal Section 755V
under section 483 about compliance assessment for which a
distributor-retailer must, under section 755G or 755H, assess
development, a document or work to which the request related, that
Council has received to the distributor-retailer.
Power, as an entity considered appropriate by the Minister, to consult Section 759
with the Minister in relation to the guidelines the Minister may make
under section 759.
Power, as an entity considered appropriate by the chief executive, to Section 760
consult with the chief executive in relation to guidelines the chief
executive may make under section 760.
Power, as a local government, to impose conditions on a Section 848
development approval about infrastructure.
Power, as a local government, to continue to decide an iconic places Section 873(4)(b)
development application to which section 873(3) applies and give a
decision notice for the application.
Power, as a local government for the application, to appeal to the Section 875(3)
Planning and Environment Court, as if Council had been a submitter
for an iconic places development application to which sections 461 to
464 apply.
Page 61 of 133
Section 62
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 22 JULY 2014
Any Conditions of Delegation:
1. The delegated officer must exercise this delegation in accordance with council;
resolutions, policies, guidelines, procedures, industrial instruments and agreements.
In particular an application is to be referred to the Council for determination where a
councillor or officer has a material personal interest in the application.
2. If the CEO on delegates any of these powers the delegated officer must exercise any
delegated power in accordance with the scope and limitations of the subject officer’s
letter of appointment and/or, position description, qualifications, technical knowledge
and legislative requirements.
3. The Delegated Officer may exercise the powers of the Council under the Sustainable
Planning Act 2009 for an application other than the following:
(a) an application for a preliminary approval mentioned in section 242 of the
Sustainable Planning Act 2009 to vary the effect of the planning scheme;
(b) the approval of an application where there is substantial non-compliance with
a stated policy of the Council or a high order provision of the Planning
Scheme being a desired environmental outcome, or an overall outcome of a
code;
(c) the refusal of any application where Council is the assessment manager;
(d) requests including Negotiated Decision requests, to change or cancel
conditions that were imposed by Council at an Ordinary Meeting or a Special
Meeting; and
(e) an application for a proposed development of significant community interest.
However, the delegated officer may exercise the powers of the local government
under the Sustainable Planning Act 2009 for an application where:-
(i) the application has the potential for ‘deemed approval’ in accordance with
sections 330-331 of the Act; and
(ii) the application is for Operational Works for clearing vegetation.
A councillor may request an application to be determined at a Council meeting. The
request shall be made to Chief Executive Officer, with the request to be made before
the decision stage commences.
Page 62 of 133
Section 63
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 22 JULY 2014
CORPORATE SERVICES DEPARTMENT REPORTS
Finance
7 GENERAL COST RECOVERY AND COMMERCIAL FEES AND CHARGES 14-15
AMENDMENTS
DOCUMENT IN FOR MATI ON
Author Financial Accountant, Megan Macmichael
Corporate Services Department
Index ECM/Subject/Fees and Charges 2014-15
Attachments 1. General Cost Recovery and Commercial Fees and Charges 14-15
Amended
EXECUTIVE SUMMARY
Not Applicable
RECOMMENDATION
That Council note the report by the Financial Accountant to the Planning & Organisation
Committee Meeting dated 22 July 2014 and adopt the additional General Cost Recovery and
Commercial Fees and Charges as detailed in Attachment 1.
REPORT
At the Special Budget Meeting held on Thursday 26 th June 2014, Council adopted the 2014-
15 General Cost Recovery and Commercial Fees and Charges schedules as presented in
Attachment J of the meeting documentation.
It has since become apparent through the systematic update of Council’s forms and
templates in preparation for the 2014-15 financial year that a number of items have been
inadvertently omitted from the adopted schedules.
To ensure that the fourteen (14) fees and bonds can be appropriately charged Council is
required to adopt the charges for inclusion in the 2014/15 General Cost Recovery and
Commercial Fees and Charges schedule.
Previous Council Consideration
Nil
Finance & Risk
Failure to reinstate the charges would result in the non-recovery of costs that would
otherwise be recovered via the fee or charge.
Consultation
External Consultation - Community & Stakeholder
Nil
Page 63 of 133
Section 64
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 22 JULY 2014
Internal Consultation
Internal consultation has been extended to the various key internal stakeholders for
confirmation of fee structure and product description required in order to facilitate correct
charging.
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 Finance
Customer Service ICT
Executive Support Procurement & Fleet
Governance Property & Facilities
Human Resources Revenue Services
Page 64 of 133
Section 65
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 22 JULY 2014
Attachment 1
Page 65 of 133
Attachment 1
General Cost -recovery Fees and Commercial Charges po
For Noosa Council 1 July 2014 to 30 June 2015 ns eee
eed eats ee oC Me Melk) Pry
Product Generic Fee Charg Section mtd sich
Application for Parking Permit - residential, works zone, business permit Regulations Parking cR Permit Fee 97 (2)a) LGA 0.00% $122.00 $122.00
Declared Pest Plants property inspection - private property search for declared pest plants
under the Land Protection (Pest and Stock Route Management) Act 2002 - per property - per Health and Regulatory
property Regulations Services ic Inspection Fee 1262 (3c) LGA 10.00% $408.18 $449.00
Clearing of Declared Pest Plants - Clearing of property by contractor where owner fails to Health and Regulatory
comply with notice (per property) - Administration Fee (Pius contractor's cost) Regulations Services cR Service Fee 97 (2)(a) LGA 0.00% $270.00 $270.00)
Clearing of Declared Pest Plants - Clearing of property by contractor on request by owner
following receipt of notice to destroy pest plants (per property) - Administration Fee (Plus Health and Regulatory
contractor's cost) Regulations Services ic Service Fee 262 (3c) LGA 10.00% $120.90 $133.00
Clearing of Declared Pest Animals - Destruction of pest animal/s where owner fails to
comply with notice or authorises council to destroy declared pest plants on their behalf (per Health and Regulatory
property) - (Actual cost) Regulations Services ic Service Fee 262 (3X¢) LGA 10.00% $0.00 $0.00
Page 65 of 133Section 66
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 22 JULY 2014
8 FINANCIAL PERFORMANCE REPORT JUNE 2014
DOCUMENT IN FOR MATI ON
Author Manager Financial Services, Wayne Jensen
Corporate Services Department
Index ECM / Financial Management / Accounting – Monthly Exception
Report
Attachments 1. Statement of Comprehensive Income
2. Capital Works Schedule
EXECUTIVE SUMMARY
Overall, the financial statements are showing a favourable variance as at the end of June of
around $1.28 million. It is noted that the interim figures presented are provided as guidance
pending finalisation of all accounting adjustments.
RECOMMENDATION
That Council note the report by the Manager Financial Services to the Planning &
Organisation Committee Meeting dated 22 July 2014 regarding the Financial Performance
Report for June 2014.
REPORT
The final balance sheet transfer from Sunshine Coast Council remains outstanding, with a
number of items referred to the Minister for adjudication, and as such the statements
presented reflect original estimates of the total amount rather than any revised position.
Commentary on items of significant variance appears below, with few significant changes to
what has been previously reported to Council.
1. Operating Revenue
Rates and charges – revenue shown in the reports includes additional income from
waste charges, but with the overall position distorted by the delay in recognition of
prepaid rates transferred from Sunshine Coast Council. The final recognition is
expected to push revenue beyond the forecast level, but this is not likely to happen
until the end of June once year-end adjustments have been processed.
Fees and charges – revenue received is generally as forecast, though there are
favourable variances for planning application fees, holiday park revenue, search fees
and changes of ownership.
Interest received – as previously reported, the unfavourable variance with the level of
revenue from investment of surplus cash is associated with delays in the transfer of
the “final” cash balance from Sunshine Coast Council. However, the final adjustment
will include an adjustment for interest on the difference from 1 January 2014 up until
the date of transfer.
Grants, subsidies, contributions and donations – there is an unfavourable variance due
to a change in the payment of financial assistance grants received from the
Commonwealth Government. For the last few years there has been an advance
payment that was discontinued in the latest Commonwealth budget.
Other income – the small favourable variance relates to income from the sale of
recyclable materials recovered through waste activities.
Page 66 of 133
Section 67
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 22 JULY 2014
2. Operating Expenses
Employee benefits – there is a small favourable variance in this area.
Materials and services – the favourable variance under this heading relates primarily to
savings in contract services. This level of variance is not expected to continue into the
new financial year with the 2014/2015 budget forecasts based on the current Noosa
Council business model rather than on the budgets inherited from Sunshine Coast
Council.
Finance costs – generally in accordance with budget forecasts, with a slight saving to
merchant fees achieved.
Depreciation and amortisation – with the revaluation of assets still to be finalised, there
may be some adjustment to this area, but until actual figures are available the
budgeted figures have been applied.
Other expenses – the favourable variance is partially attributed to the level of
insurance claims activity experienced since de-amalgamation, but most areas are
generally in accordance with original estimates.
3. Capital Works
The attached report shows the level of expenditure incurred against each project, with
explanations for significant variances having been reported through the Infrastructure
and Services Committee. Any unexpended funds will be considered for carry-over into
the 2014/2015 period once the final operating position for the 2013/2014 period has
been determined.
4. Investment Performance
Total interest yield for the month of May was $110,185, which represented a weighted
average return of 3.22% compared to the industry benchmark (UBS Bank Bill Index) of
2.73%. 100% of the portfolio is held with A1+ ranked agencies, with 19.6% held by the
Commonwealth Bank of Australia and the balance held with Queensland Treasury
Corporation.
There have been no breaches of Investment Policy guidelines during the month, with a
very conservative position taken on all occasions.
Previous Council Consideration
Nil
Finance & Risk
The focus on maintaining an operating surplus and ensuring tight ongoing budget control will
provide a solid platform for ensuring Council’s financial sustainability.
Consultation
External Consultation - Community & Stakeholder
Nil
Internal Consultation
All areas of Council have been consulted as part of the review of budget variances.
Page 67 of 133
Section 68
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 22 JULY 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 68 of 133
Section 69
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 22 JULY 2014
Attachment 1
Statement of Comprehensive Income
Page 69 of 133
Section 70
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 22 JULY 2014
Attachment 2
Page 70 of 133
Attachment 2
Noosa Council
Capital Works Schedule
As at: 30-Jun-2014
Original Current Year To Date % of Annual
Project Budget Budget Actual Budget Spent
Bridges
Forward design for bridge rehab program 10,000 50,000 26,312 52.62%
Noosa Parade Munna Point Bridge - Investigations and interim 250,000 250,000 55,403 22.16%
Total Bridges 260,000 300,000 81,715 27.24%
Coastal Canals and Waterways
David Low Way, Beach Access 49 refurbishment 45,000 55,000 49,231 89.51%
Gympie Terrace and William Street Revetment wall and pathway 50,000 50,000 12,900 25.80%
Munna Point Holiday Park Bank Protection - Design 50,000 15,797 24,481 154.97%
Noosa Dog Beach SEMP Coastal monitoring 20,000 20,000 21,599 108.00%
Noosa River Mouth Groyne amd Rock Wall - Rehab 100,000 125,000 123,387 98.71%
Noosa Waters revetment walls - Stage 2a 1,300,000 1,300,000 1,137,429 87.49%
Coast Guard Tower Rehabilitation 0 0 1,017 0.00%
Total Coastal Canals and Waterways 1,565,000 1,565,797 1,370,044 87.50%
Community Facilities
Peregian Surf Club Public Amenities - Planning & Design 15,000 15,000 202 1.35%
Total Community Facilities 15,000 15,000 202 1.35%
Corporate Buildings
Tewantin Admin Building - Chambers Fitout 0 0 14,365 0.00%
Total Corporate Buildings 0 0 14,365 0.00%
Environmental Assets, Bushland, Tracks and Trails
Purchase of Biodiversity Land 0 57,700 58,503 101.39%
Total Environmental Assets, Bushland, Tracks and Trails 0 57,700 58,503 101.39%
Holiday Parks
Noosa Nth Shore Holiday Park - Upgrade Septic treatment 90,000 49,500 37,813 76.39%
Replace Mains Power Supply Pole Noosa River CP 0 7,500 4,600 61.33%
Total Holiday Parks 90,000 57,000 42,413 T4.41%
Information Technology
IT Major Projects 1,600,000 2,300,000 2,166,987 94.22%
Total Information Technology 1,600,000 2,300,000 2,166,987 94.22%
Parks & Playgrounds
Cooroy Skate Park Minor Renewal 34,000 44,000 39,030 88.70%
Gympie Terrace Park Furniture Renewal program 50,000 50,000 36,948 73.90%
Joe Bazzo Park (Pomona Community House Park) BBQ Relocation 12,000 0 0 0.00%
Noosa Lions Pk - Rehab Shower Facilities 30,000 21,000 5,177 24.65%
Peregian Beach Park Plan - Finalise upgrade and removal of s 30,000 30,000 25,866 86.22%
Shade Sail Replacement Seagull Park 0 0 -1,350 0.00%
Total Parks & Playgrounds 156,000 145,000 105,670 72.88%
Pathways & Enabling Facilities
Cooran State School - Charles Street Pathway improvements 30,000 60,000 92,990 154.98%
Pomona State School Station Street Pathway improvements 100,000 50,000 6,570 13.14%
Weyba Creek Boarwalk Rehab Stage 1 20,000 20,000 ANT 2.09%
Gibson Road (Eumindi Noosa Rd to Thomas St) - On road cycle 440,000 440,000 9,192 2.09%
Sunshine Beach State School Safety Improvements2 90,000 90,000 62,799 69.78%
Edwards Street Sunshine Beach Pathway Betterment 0 21,500 19,351 90.00%
Total Pathways & Enabling Facilities 680,000 681,500 191,320 28.07%
Public Transport Infrastructure
Noosa Junction Mini Bus Shelter - Panels for weather protect 25,000 25,000 24,724 98.89%
Noosa Parade Transit Hub-Stage 1 300,000 5,000 5,128 102.56%
Bus Shelter, Sunshine Beach Rd, Noosa Junction 0 5,000 4,993 99.87%
Electric Bus Feasibility Study 0 0 -50,000 0.00%
Total Public Transport Infrastructure 325,000 35,000 =15,155 -43.30%
Page 70 of 133Section 71
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 22 JULY 2014
Page 71 of 133
Noosa Council
Capital Works Schedule
As at: 30-Jun-2014
Original Current Year To Date % of Annual
Project Budget Budget Actual Budget Spent
Sealed Roads Network
Annual Sealed Road Renewal & Rehabilitation Program 500,000 500,000 476,921 95.38%
Sealed Road Pavement surveys and Investigations 60,000 60,000 8,379 13.96%
Total Sealed Roads Network 560,000 560,000 485,299 86.66%
Sports Ground and Facilities
Noosa District Sports Complex - Stage One - redevelop crick 30,000 30,000 30,460 101.53%
Total Sports Ground and Facilities 30,000 30,000 30,460 101.53%
Stormwater Drainage
Daintree Estate - Flood Mitagation Planning and Design 50,000 45,000 42,071 93.49%
Gympie Terrace Pipe Rehabilitation - Investigation & Design 25,000 25,000 13,714 54.86%
Rifle Street Pomona - Flood Mitigation Planning and Design 50,000 40,000 39,884 99.71%
Seaview Ck - open drain civil works 25,000 53,500 8,784 16.42%
Stormwater replacement program (non pipe work) 75,000 75,000 73,557 98.08%
Total Stormwater Drainage 225,000 238,500 178,011 74.64%
Streetscapes and Road Corridors
Forward Planning for Streetscape and Road Corridor improveme 50,000 50,000 14,186 28.37%
Total Streetscapes and Road Corridors 50,000 50,000 14,186 28.37%
Transport and Infrastructure Management
Eenie Creek Road / Langura Street Intersection safety upgrad 8,000 25,500 6,158 24.15%
Eenie Creek Road / Walter Hay Drive Intersection safety upgr 15,000 29,500 5,379 18.23%
Weyba Road Reef Street Intersection Improvements - PIP 125,000 125,000 6,509 5.21%
Noosa Junction Disabled Parking CBA Frontage 0 15,000 101 0.67%
Total Transport and Infrastructure Management 148,000 195,000 18,147 9.31%
Grand Total 5,704,000 6,230,497 4,742,169 76.11%
Page 71 of 133Section 72
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 22 JULY 2014
Property and Facilities
9 POTENTIAL TRANSFER OF POMONA BUILDING TO NOOSA AND DISTRICT
LANDCARE GROUP INC
DOCUMENT IN FOR MATI ON
Author Senior Property Officer, Hayley Jamieson
Corporate Services Department
Index ECM/Subject/ 4601 Leases /Property: 2 Station Street, Pomona
Attachments 1. Locality Plan
EXECUTIVE SUMMARY
Not Applicable
RECOMMENDATION
That Council note the report by the Senior Property Officer to the Planning & Organisation
Committee Meeting dated 22 July 2014 and:
A. Proceed to commence negotiations to transfer the building licence on which the Noosa
Landcare Building is located at 2 Station St Pomona to Noosa and District Landcare
Group (NDLG) Inc (i.e. Option 1).
B. Provide a further report on the outcome of the negotiations and a recommended
course of action to finalise the arrangement at the site.
REPORT
Council purchased the building (formerly a CWA Restroom) located at 2 Station Street,
Pomona in 1992. The building was to be moved by Council at a later date to form part of a
future historical precinct with land made available from Queensland Rail (QR).
As the building has not been relocated Council has effectively purchased the licence to use
the building as QR own the land on which the building is located.
Subsequent to the Council purchase, NDLG wrote to Council requesting use of the building
for storage, meeting and office space until such time as the building was relocated to the
proposed historical precinct. A licence to occupy the building was granted to the group by
Council on 1 May 1992.
Rental History
1. QR currently offers Council a licence term of 1-3 years for the use of the building.
When the previous renewal was due Sunshine Coast Regional Council opted for a 1
year licence term as it was considering transferring the buildings licence to NDLG to
manage directly with QR. The last licence expired 30 June 2014.
2. The total annual rental for the land (2014/15) is $7,101.18 and is currently subject to
an annual increase of 5% per annum. The rental figure includes a mandatory
administration fee of $850 which is required to be paid at the time of commencement
of each tenure term. The QR invoice to Council for 2014/15 has been paid in
accordance with QR requirements.
Page 72 of 133
Section 73
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 22 JULY 2014
3. At the Ordinary Meeting 21 May 1992, Council resolved to grant permission for NDLG
(c) to use the building for the activites outlined in its letter dated 1 May 1992, for a
rental of $50.00 per week, to be waived in favour of $1.00 per year on demand.
Council now needs to consider the appropriateness of the current arrangement and what
options are available moving forward. A number of options are discussed below.
Option 1 – Transfer of the Building Licence to NDLG at no cost
Transfer the building licence to NDLG taking into account the following:
(a) Preliminary discussions with the group indicate that they are amenable to this option.
This option has been formally put to the NDLG committee and Council has received
written advice from the group supporting the transfer of the building pending further
specific discussions regarding the ongoing costs to manage the property.
(b) The NDLG demonstrates an ongoing financial capability which enables the group to
manage the building independently of Council, which would eliminate/reduce the
current situation whereby an ongoing subsidy from the general rate is being incurred.
(c) The arrangement avoids regular negotiations and discussions with QR which are more
efficiently dealt with directly by the group. It should be noted that NDLG have a licence
over the adjoining portion of land directly with QR for the nursery for $1 per annum.
Comparatively, Council is currently levied a commercial rate for the land on which the
NDLG building is located.
Option 2 – Cost Recovery
Implement a cost recovery approach. In summary this approach:
(a) Retains a building under Council management for ongoing community use.
(b) Increasing the rent payable to Council from NDLG in line with the rent payable to QR
by Council.
(c) This option exposes Council to further unilateral rental increases and policy changes
by QR. The outcome of which would be passed onto the group under this option.
Option 3 – Business as Usual
Continue with current approach. In summary this approach:
(a) Retains a building under Council management for ongoing community use.
(b) Exposes Council to further unilateral rental increases and policy changes by QR.
(c) Continues the subsidisation of the current rental arrangement from the general rate.
Previous Council Consideration
At the Ordinary Meeting 21 May 1992: That
A. Staff action to negotiate the purchase of the former CWA rest room building, Pomona
is endorsed and action to finalise the matter authorised.
C. The Noosa & District Landcare Group be granted permission to use the building for the
activities outlined in its letter dated 1 May 1992, for a rental of $50.00 per week, to be
waived in favour of $1.00 per year on demand and generally in accordance with the
conditions outlined in the Executive Assistant’s report dated 8 May 1992.
Page 73 of 133
Section 74
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 22 JULY 2014
Finance & Risk
Nil.
Consultation
External Consultation - Community & Stakeholder
Preliminary discussions have been undertaken with NDLG regarding transfer of the building
licence to the group. These discussions indicate NDLG are agreeable to this option. The
option has been formally put to the NDLG committee and Council has received written
advice from the group supporting the the proposal pending further specific discussions
regarding costs to manage the property.
Internal Consultation
Director Corporate Services
Property and Facilities Manager
Internal Consultation
Nil
Departments/Sections Consulted:
Community Services 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 Finance
Customer Service ICT
Executive Support Procurement & Fleet
Governance Property & Facilities
Human Resources Revenue Services
Page 74 of 133
Section 75
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 22 JULY 2014
Attachment 1
LOCALITY PLAN
Page 75 of 133
Section 76
PLANNING AND ORGANISATION COMMITTEE MEETING AGENDA 22 JULY 2014
Procurement and Fleet
10 TENDER CONSIDERATION PLAN FOR SUPPLY OF QUARRY AND
BITUMINOUS MATERIALS
Author Procurement Officer, Sarah Hansen
Corporate Services Department
Index ECM/Subject/ 1415TCP002 Supply of Quarry, Asphalt and Bituminous
Materials
Attachments Nil
EXECUTIVE SUMMARY
Not Applicable
RECOMMENDATION
That Council note the report by the Procurement Officer to the Infrastructure & Services
Committee Meeting dated 22 July 2014 and resolve to develop a tender consideration plan
for the supply of quarry, asphalt and bituminous materials.
REPORT
The Local Government Act 2009 (‘the Act’) the Local Government Regulation 2012 (‘the
regulation’) provide the considerations for, and methods by which Council may establish
medium and large sized contracts. These regulations require local governments to use a
written quote process for medium sized contracts and a written tender process for large
sized contracts. The regulations also provide a number of exceptions to those processes.
Preparation of a quote or tender consideration plan (TCP) is one of those exceptions.
Council has significant requirements for quarry, asphalt and bituminous materials that are
primarily used for road construction and maintenance. The aggregate value of these
requirements puts them into the ‘large contract’ category and would generally require a
written public tender. However due to the high cost of transporting these products there are
only a small number of suppliers, located within the region and who are well known to
Council, that are able to supply these products at a competitive price.
The public tender process can take in excess of 12 weeks. The benefit of the tender
consideration plan is that it will allow procurement arrangements for these products to be
prioritised and expedited by negotiating directly with those suppliers identified as being
reasonably able to supply the required products.
The regulations provide that a quote or tender consideration plan will contain the following
information:
1. the objectives of the plan;
2. how the objectives are to be achieved;
3. how the achievement of the objectives will be measured;
4. any alternative ways of achieving the objectives, and why the alternative ways were
not adopted;
Page 76 of 133
Section 77
PLANNING AND ORGANISATION COMMITTEE MEETING AGENDA 22 JULY 2014
5. the proposed terms of the contract for the goods or services; and
6. a risk analysis of the market from which the goods or services are to be obtained.
The TCP for supply of quarry, asphalt and bituminous products will provide the information
required to comply with the regulations and justify the use of the plan as an effective and
appropriate alternative to the tender process.
Previous Council Consideration
Nil
Finance & Risk
The TCP is required to address issues of risk and evaluation of potential suppliers will be
undertaken using standard procurement methodology including price.
Consultation
External Consultation - Community & Stakeholder
Nil
Internal Consultation
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
x Civil Operations
Environment
Executive Office x Corporate Services
Community Engagement x Finance
Customer Service ICT
Executive Support x Procurement & Fleet
Governance Property & Facilities
Human Resources Revenue Services
t
Page 77 of 133
Section 78
PLANNING AND ORGANISATION COMMITTEE MEETING AGENDA 22 JULY 2014
EXECUTIVE OFFICE REPORTS
11 APPOINTMENT OF EXTERNAL MEMBERS TO COUNCIL'S AUDIT COMMITTEE
DOCUMENT IN FOR MATI ON
Author Brett de Chastel, Chief Executive Officer
Executive Office
Index ECM/ Subject/ Audit Committee
Attachments Nil
EXECUTIVE SUMMARY
Not applicable.
RECOMMENDATION
That Council note the report by the Chief Executive Officer to the Planning & Organisation
Committee Meeting dated 22 July 2014 and appoint Scott Williams and Cameron Jaggers as
the two external members of the Audit Committee for a term of two years.
REPORT
On 6 March 2014, the Council established an Audit Committee and appointed the Mayor and
Cr Wellington as the Councillor representatives of that Committee. The Council also
authorised the CEO to invite applications for the two external member positions on the Audit
Committee.
Following an expression of interest process, six applications were received. Applications
were received from:
Greg Clareburt;
Cameron Jaggers;
Val Smart;
David Thomas;
Scott Williams; and
Claire Alexander
After assessment of the applications, Cameron Jaggers and Scott Williams are
recommended for appointment as the two external members of the Audit Committee for a
term of two years. Both are well qualified for the role. Details of their experience is as
follows:
Cameron Jaggers
Associate at KPMG specialising in internal audit, risk and control services. Numerous
professional qualifications including Master of Professional Accounting and is a current
facilitator at the Institute of Chartered Accountants. High level of professional expertise in
audit, risk management and project control risk reviews.
Page 78 of 133
Section 79
PLANNING AND ORGANISATION COMMITTEE MEETING AGENDA 22 JULY 2014
Scott Williams AM
Former Councillor and Shire President of a local government in New South Wales. Past
and current board member of numerous major boards including University of New
England and the University of the Sunshine Coast. Had owned and operated a number
of significant businesses and is a fellow of the Australian Institute of Company Directors.
Previous Council Consideration
Ordinary Meeting, 6 March 2014, Item 12, Page 9
“That Council note the report by the Chief of Staff to the Planning and Organisation
Committee dated 25 February 2014 and:
A. Authorise the Chief Executive Officer to seek quotations for the provision of an internal
audit service;
B. Establish the Audit Committee and endorse the Mayor and Councillor Wellington as
the Councillor representatives on the Committee; and
C. Authorise the Chief Executive Officer to invite applications from suitably qualified
applicants for the two external members of the Audit Committee.”
Finance & Risk
The establishment of the Audit Committee will be a major step forward in managing risks for
the organisation. The Audit Committee will meet to establish an internal audit program and
develop an audit framework for the management of risk across the organisation.
Consultation
External Consultation - Community & Stakeholder
Nil.
Internal Consultation
The applications for the two external Audit Committee members have been discussed with
the two Councillors who are members of the Audit Committee.
Departments/Sections Consulted:
Community Services 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 Corporate Services
Community Engagement Finance
Customer Service ICT
Executive Support Procurement & Fleet
x Governance Property & Facilities
Human Resources Revenue Services
Page 79 of 133
Section 80
PLANNING AND ORGANISATION COMMITTEE MEETING AGENDA 22 JULY 2014
12 QUARTERLY OPERATIONAL PLAN PROGRESS REPORT
DOCUMENT IN FOR MATI ON
Author Chief Executive Officer, Brett de Chastel
Executive Office
Index ECM/ Governance/ Corporate Planning
Attachments 1. Community & Development Department Progress Repot
2. Community Infrastructure Department Progress Report
3. Executive Office Progress Report
4. Organisational Services Department Progress Report
EXECUTIVE SUMMARY
Not applicable.
RECOMMENDATION
That Council note the report by the Chief Executive Officer to the Planning & Organisation
Committee Meeting dated 22 July 2014 providing an update on progress with the
implementation of the Operational Plan to 30 June 2014.
REPORT
Pursuant to the Local Government Act, the Chief Executive Officer is required to provide a
report to Council on a quarterly basis on the progress towards achievement of the Council’s
Operational Plan. This report addresses the progress towards achievement of our
Operational Plan goals in the first six months of operation to 30 June 2014.
At the time the Council adopted its first Operational Plan, we had in place an interim
structure and the Operational Plan was adopted on that basis. The attachments that set out
details of progress with the Operational Plan are based on the interim structure and contain
updates for each of the adopted Operational Plan activities. Attached are the updates for:
Community & Development;
Community Infrastructure;
Executive Office; and
Organisational Services.
Key achievements in this period include:
Adoption of the Procurement Policy
Development of the long-term financial model
Workplace Health and Safety Policy and
A smooth budget process with a 0% general
procedure reviews
rate increase
Kerbside waste pick up
Biosphere Management review
Development of a Capital Works Program
Waste management pricing model
Waste management scoping study
New Corporate Plan
Increased level of service based on Noosa
Adoption of the new organisational structure
maintenance manual (e.g. Street sweeping)
Short-term improvements to the Council
Establishment of new disaster management
website
arrangements
Review of delegations
Community grants program
Substantial completion of the de-
Finalisation of the library separation
amalgamation transfer process
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PLANNING AND ORGANISATION COMMITTEE MEETING AGENDA 22 JULY 2014
As can be seen and as expected, the primary focus of the Operational Plan projects in this
period has been in the establishment of the new Council and finalising de-amalgamation
issues. As a result of that workload, not all proposed Operational Plan projects from the first
6 months have been completed.
Some of the key Operational Plan projects to carryover to 2014/15 include:
Long term Capital Works Program establishment
Review of the overall general rate structure
Major upgrade to website
Audit Committee and establishment of internal audit function
Finalisation of the Noosa Biosphere Reserve implementation
Development of KPIs (performance measures)
Transport Planning review
Development of new Economic Development strategy
It is difficult in a short report such as this to do justice to the first 6 months of our Council’s
operations. Suffice to say that the primary focus of our Operational Plan projects has been
on establishing the new organisation. That is largely complete, which is a testament to the
hard work and dedication of our staff. The carryover projects and 2014/15 Operational Plan
will be focused on normal local government type activities that enable our Council to deliver
its vision – “Engagement with our community to protect and enhance our lifestyle”.
Looking Ahead
The CEO has also been developing a more meaningful reporting format which will provide
Council with more details about how the Council is progressing. This is intended to cover a
range of KPI areas focusing on our customer service, financial performance, systems and
staff issues. This should be in place for the first quarter report for 2014/15.
Previous Council Consideration
Nil.
Finance & Risk
Nil.
Consultation
External Consultation - Community & Stakeholder
Nil.
Internal Consultation
The details of each of the Operational Plan activities have been provided by relevant
Departments.
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
x Governance Property & Facilities
Human Resources Revenue Services
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PLANNING AND ORGANISATION COMMITTEE MEETING AGENDA 22 JULY 2014
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PLANNING AND ORGANISATION COMMITTEE MEETING AGENDA 22 JULY 2014
ATTACHMENT 1
DEPARTMENT COMMUNITY & DEVELOPMENT
Corporate Program Business Facilitation
Program objective
Support the development of a strong economy that is consistent with the lifestyle aspirations and values of the community
a Responsible
Caen Cea)
Manager
Economic Promotion & Industry Assistance
Economic Promotion & Undertake consultation to develop a new Council's future position on Economic Director
Industry Assistance Economic Development strategy for Noosa Not Started Development to be reviewed in a workshop to Community and
determine strategic priorities. This is also related | Development
to the service review for Economic Development.
Carryover 14/15.
Review with Council the future of Noosa Council has endorsed continuation of the levy. Director
Junction Town Centre levy and support Completed Transition plan to be developed by traders Community and
arrangement association. Development
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DEPARTMENT COMMUNITY & DEVELOPMENT
Corporate Program Community Resilience and Disaster Management
Program objective
Ensure there is a coordinated and effective response to any emergency event or natural disaster
ie ae
Community Resilience and Disaster Management
» Disaster Gontinue to establish and refine Director Community
The N Local Disaster M ment
Management Disaster Management & response Completed Gmug now meets requiarty ann and Development &
Service GOveMmMent area. established wkhin Council Director Cominunity
Infrasbruchure
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PLANNING AND ORGANISATION COMMITTEE MEETING AGENDA 22 JULY 2014
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DEPARTMENT COMMUNITY & DEVELOPMENT
Corporate Program Community Services — Community & Cultural Development
Program objective
To provide and support a range of facilities, organisations, and services that help meet the community’s needs and aspirations
Community & Cultural Development
e Noosa Regional Art Conduct a review with Council of council . . Manager Community
: : First round of 2014/15 Community Grants .
Gallery en funding programs and Completed assessed using new guidelines and Services
* Cooroy Butter ene approved by Council 26 June.
Factory
¢ Community Policy
and Planning
¢ Community Grants
and Partnerships Deliver the existing grant funding ‘ : Manager Community
¢ Community programs commitments for 2013/14 Completed ch arene Services
e Respite Care Centre :
e Home Assist/Secure
a ndvicual and Se aia This work is ongoing and a core function Suniee Community
seeking grants, sponsorship, fundraising, Carinae of the newly formed Community ervices
partnerships, volunteering resourcing and Development team.
skill development
Deliver committed Gallery exhibition Gallery program delivered in full. Manager Community
program for 2013/14 Completed Higjhlights included Emma Freeman, Kim Services
Schoenberger, Hyperclay, ABC Open and
Taste of Art.
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PLANNING AND ORGANISATION COMMITTEE MEETING AGENDA 22 JULY 2014
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DEPARTMENT COMMUNITY & DEVELOPMENT
Corporate Program Community Services — Library Services
Program objectives
To provide library services that meet the informational and recreational needs of its users and contribute to the social fabric of the
Community
To encourage and facilitate life-long learning
a ae ee ee
Library Services
e Noosa Library Finalise separation of library services from ‘ ‘ ‘ Manager Community
© Cooroy Library SCRC by end of June 2014 Gunde oe SR PRERTES) COsiipsaeRnN rapa Services
e Mobile Library
e Library Management
Develop library and information services irate eevice oR Ibrany Sarviess commieasa Manager Community
appropriate for use by local communities On Track May 2014. A five vou weace plan fr ; Services
the Noosa Library Services will now be
developed by December 2014. Carryover
14/15
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DEPARTMENT COMMUNITY & DEVELOPMENT
Corporate Program Community Services — Sport & Recreation Services
Program objective
To provide a broad range of services to support the sporting and recreational and lifestyle needs of the community in partnership
with community organisations
paceatila ce at
Sport & Recreation Services
e S&R Planning and Deliver existing service commitments for Aifall program ofaeavitiog, Nneuang Manager Community
iV i i :
Poa g mans Completed holiday programs, was delivered at the Seis
e Noosa Aquatic Aquatic and Leisure Centres in the six
oie Ci ¥ months to June 30 2014.
unshine Beac'
Skate park)
e Noosa Leisure
Centre : Deliver committed contracted shows at The Manager Community
e The J Community J for 2013/14 Events held at the J over the past 3 Services
Centre Completed months included; TedX Noosa, Cabaret,
e Bicentennial Comedy, Citizenship Awards, Opera,
Community Centre Peppa Pig & Noosa Chorale.
Support individuals and organisations Thi ki . d fants Manager Community
seeking grants seeking grant, sponsorship, i ee be a — Services
fundraising, partnerships, volunteering Completed ee Coa. on
resourcing and skill development e ‘
Review applicable components of . . . Manager Community
Sunshine Coast Council strategies and Review of these strategies will be Services
plans e.g. Sport and Active Recreation Not Started incorporated into a review of the Noosa
Plan. Open Space Strateay. Skate and Social Plan due for completion end of June
bs PON'S Pace gy; e 2015. Carryover 14/15.
BMX Plan, Aquatics Plan with a view to
develop NSC Strategies and PlansSection 87
PLANNING AND ORGANISATION COMMITTEE MEETING AGENDA 22 JULY 2014
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DEPARTMENT COMMUNITY & DEVELOPMENT
Corporate Program Health & Regulatory Services — Cemeteries
Program objective
To meet the legal and social requirements of the community for burials
Cemeteries ee ee ee ee ee
e Cooroy Cemetery Validate data for cemeteries and ig . . Manager, Health &
e Pomona Cemetery implement revised register and updated On Track underway and apuroximately 50%. Is Regulatory Services
e Tewantin Cemetery mapping completed. Carryover 14/15.
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PLANNING AND ORGANISATION COMMITTEE MEETING AGENDA 22 JULY 2014
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DEPARTMENT COMMUNITY & DEVELOPMENT
Corporate Program Health & Regulatory Services — Environmental Health
Program objective
To provide @ healthy and safe environment by minimising the community’s exposure to health and environment risks
Environmental Health
« Public Health & ‘Continue to ensure the communities Manager, Health &
Safety health and safety through education ee eemiase teleaing Fad Regulatory Services
« Disease Control programs, reguiation and legislative ooee aoe 0 EE ton m wee completed
* Nuisances enforcement by June 30 ensuring legislative
« Pollution & Emissions cOMplance.
(Control
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PLANNING AND ORGANISATION COMMITTEE MEETING AGENDA 22 JULY 2014
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DEPARTMENT COMMUNITY & DEVELOPMENT
Corporate Program Health & Regulatory Services - Community Order & Public Safety
Program objective
To ensure Council’s Local laws & policies are fairly administered and with regard to community needs, amenity and the
environment
ee ee ee
Community Order & Public Safety
e Local Laws Continue to ensure legislative Council's Local Laws Officers continue to Manager, Health &
e Animal & Stock compliance through education, Completed ensure compliance with Local Laws across Regulatory Services
Control regulation and enforcement the Shire. 52 dog attacks were reported in
e Public Safety the six months to June 30, (37 on Animals
e Regulated Parking and 15 on people).
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DEPARTMENT COMMUNITY & DEVELOPMENT
Corporate Program Planning and Development — Strategic Land Use Planning
Program objective
The Planning Scheme supports the management of development in a sustainable and integrated way that protects the community’s
environmental, economic and social values
ee ee ee
Strategic land Use planning
Land Use Planning Scheme Review of current Planning Scheme . . Manager Planning &
Preliminary consultation complete and Development
On Track proposed amendments drafted for Council Pp
Consideration by August. Carryover 14/15.
Extend the current Temporary Local . . Manager Planning &
Planning Instrument 02-2013 On Track Minister Refused a tension but rolled Development
(Vegetation Protection Overlay) for the Carryover 1: 415 ment process.
Noosa area ,
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PLANNING AND ORGANISATION COMMITTEE MEETING AGENDA 22 JULY 2014
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DEPARTMENT COMMUNITY & DEVELOPMENT
Corporate Program Planning and Development — Development Assessment & Control
Program objective
Development applications are assessed within the legal planning framework and against the criteria set in the Planning Scheme
and planning policies
Development Assessment & Control
e Development Continue to meet legislative time Applicati tinuing to be decided withi Manager Planning &
Assessment frames for development assessment the IDAS timefra mes 0 be aecidec win Development
e Operational Works and operational works approvals Completed ,
e Planning Administration
& Compliance
e Building and Pool
complance Conti t legislati M Planning &
e Plumbing Services ontinue to ensure legislative a. anager Planning
9 compliance through education, Completed peveopment Approvals are coneng An be Development
lation and enforcement ‘omplete audited for comp lance on comp etion.
regu breaches of the planning scheme and
development approval conditions are
responded to in a timely manner.
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ATTACHMENT 2
DEPARTMENT COMMUNITY INFRASTRUCTURE
Corporate Program Asset Planning & Delivery — Assets & Investigations
Program objective
Infrastructure planning accords with asset management principles, financial limitations and community values
Service Key Initiatives Status fey arta nt=tai <3 | Responsible Manager
Assets and Investigations
Asset Management and Develop an asset responsibility matrix in Pit heen oliniesdinn Gixsiireril + iki Manager Asset
i i consultation with operational teams OPES Stalled One: CevE IOP MENE OT Me Planning and Delive
Service Programming P On Track Asset Responsibility Matrix. Further work is g y
required by the Asset Management Team and
key stakeholders before being finalised.
Carryover 14/15.
Develop Asset Management Plans for The Asset Management Framework workshops Manager Asset
primary asset classes Gn Fick for NAMS Plus commence at the end of July Planning and Delivery
= 2014.This is when the Asset Management Plans
will commence development. Carryover 14/15.
Develop long term capital works WSiyeer apie works poUREN Was aDORSE by Manager Asset
a Ori Trade Council with a 5 year proposal for the 2015/16 | Planning and Delivery
budget, and a 10 year program for the 2016/17
budget. Carryover 14/15.
Continue to refine and implement Work . - Manager Asset
Order system for asset inspections & A systems officer has been appointed to assist ~~ Planning and Delivery
. On Track with the ongoing development of the works &
maintenance
assets system. The systems officer commences
August 2014. Carryover 14/15.
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Asset management and Develop a condition monitoring program . . . Manager Asset
i i for all asset classes including mobility Not Started The mobile computing and data collection Planning and Delivery
Service programming project, identified in the 2014/15 capital works
system program will enable this item to commence.
Carryover 14/15.
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DEPARTMENT COMMUNITY INFRASTRUCTURE
Corporate Program Asset Planning & Delivery — Project Design & Delivery
Program objective
Design and construct quality infrastructure consistent with the development principles of the planning scheme and in harmony with
Noosa’s amenity and village scale
Project Design and delivery
e Infrastructure Design Implement a quality and project Continuing to review processes and Manager Asset
Services management approach to capital works op Track procedures for estimating, checking and Planning and Delivery
e Infrastructure Project design & delivery issuing of capital works documentation.
Delivery Services Carryover 14/15.
e Environmental Ensure forward designs are available for Manager Asset
: 2014-15 works program. On track for delivery of the designs for the Planning and Deliver
Compliance & Support prog On Track first quarter of 2014/15.Carryover 14/15. 9 y
Maintain a register of environmental . . . . Manager Asset
licences and permits and ensure On Track Register is up to date and will be reviewed —_ Bianning and Delivery
ongoing monitoring and reporting this quarter for currency. Monitoring and
a. reporting work is up to date and ongoing.
obligations are met for all departmental Carryover 14/15
activities. :
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PLANNING AND ORGANISATION COMMITTEE MEETING AGENDA 22 JULY 2014
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DEPARTMENT COMMUNITY INFRASTRUCTURE
Corporate Program Asset Planning & Delivery — Transport Infrastructure Management
Program objective
To deliver an efficient and cost effective transport system that meets the communities needs and expectations and its commitment
to ecological sustainability
NY aVi (a Key Initiatives Nt) abr | ela : Responsible Manager
Transport Infrastructure Management
e Transport Infrastructure Forward Planning for 2014-15 capital Carryover 14/15 Manager Asset
Planning program and input into long term On Track , Planning and Delivery
e Transport & Traffic capital program
Operations
e Behaviour Change and :
rave! Denwnd Review former NSC Coastal Area / : Manager Asset
, Traffic and Transport Plan for Funds allocated for this project to be Planning and Delivery
Planning Scheme input Not Started delivered in the 2014/15 financial year.
Carryover 14/15.
Review Noosa Cycling & Walking Manager Asset
Strategy Carryover 14/15. Planning and Delivery
Not Started
Review and update Noosa Visitor Carryover 14/15
Transport Strategy Not Started ‘
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PLANNING AND ORGANISATION COMMITTEE MEETING AGENDA 22 JULY 2014
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ae ee ee be
Transport Infrastructure Management
Develop an active transport data
count program to inform future On Track To be completed as part of the 2014/15
capital works initiatives traffic study initiative. Carryover 14/15.
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PLANNING AND ORGANISATION COMMITTEE MEETING AGENDA 22 JULY 2014
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DEPARTMENT COMMUNITY INFRASTRUCTURE
Corporate Program Business Integration and Support
Program objective
To provide coordinated and effective business support across the department with a focus on streamlining processes and the
efficient utilisation of business systems
AY-1 AV [e-) Key Initiatives Ne) dtr olan Responsible Manager
Business Support
Business & Administrative Review, document and map key ihay praca tavedbearrreviewed, ities Director Community
support functions across business processes On Track under review as the need arises. There wil! '"astructure
wide range of activities and be continual review and improvement.
business systems Carryover 14/15.
Assist with effective implementation a Director Community
of asset work order system and Concmwa Work orders operating with all staffhaving —_ | nfrastructure
associated initiatives P undertaking training. Continual improvement
through stakeholder workshops.
Co-ordinate the review of quality & Director Community
project management systems tin Fee Key systems have been reviewed. There Infrastructure
will be continual review and improvement.
Carryover 14/15.
Identify requirements, develop & / Director Community
implement recurrent business Not Started Due to commence in current quarter. Infrastructure
performance reporting Carryover 14/15.
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PLANNING AND ORGANISATION COMMITTEE MEETING AGENDA 22 JULY 2014
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DEPARTMENT COMMUNITY INFRASTRUCTURE
Corporate Program Civil Operations
Program objectives
e To provide an efficient and effective internal construction capability for Council
e Toenhance the environment, amenity, accessibility and appearance of Noosa by ensuring effective renewal, replacement and
maintenance programs are in place for community infrastructure assets
e To provide an effective response capability for essential community infrastructure during natural disasters
Works Operations
e Roads, Bridges Commence review of maintenance Presentations to Infrastructure & Services Manager Civil
e Pathways, Canals service levels for consideration by Completed Committee on the Recurrent Maintenance OPerations
e Waterways Council Manual and Street Sweeping frequencies.
e Car parks
* Beaches Collection of asset condition Level 3 inepections commissioned for Manager Civil
information for asset management On Track various timber & concrete bridges. Field Operations
planning crews are conducting inspections as
specified in the maintenance manual.
Carryover 14/15.
Increase in street sweeping service Additional shift implemented for Council's | Manager Civil
levels Completed street sweeper. Operations
Undertake stormwater drainage pit & Stormwater pits have been replaced within Manager Civil
grate maintenance and renewal Completed the budget allocation under the Operations
within budgetary provision Stormwater Replacement Program - non
pipe.
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PLANNING AND ORGANISATION COMMITTEE MEETING AGENDA 22 JULY 2014
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ee ee eee —
Parks and Landscapes
e Parks and Gardens Commence review of maintenance Manager Civil
e Landscaping and Sports service levels for consideration by On Track Work has commenced on examination of Operations
Grounds Council mowing frequencies. Consideration by
« Arboricultural Services council will be required in 14/15 in the lead
: . up to re-tendering of these services.
¢ Botanical and Community Carryover 14/15.
Gardens
° Trail Network Collection of asset condition Manager Civil
information for asset management On Track Inspections of playgrounds & park furniture © Operations
planning ac have been continuing to identify
maintenance & renewal requirements.
Carryover 14/15.
Prepare a Tree Policy for Noosa Manager Civil
Council Y Draft policy has been presented to the Oo erations
On Track Infrastructure & Services Committee. A P
Councillor workshop is now required to
further progress this policy. Carryover
14/15.
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PLANNING AND ORGANISATION COMMITTEE MEETING AGENDA 22 JULY 2014
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DEPARTMENT COMMUNITY INFRASTRUCTURE
Corporate Program Environmental Services
Program objective
To maintain, protect and enhance Noosa’s natural environment
io _ —_ - a a
Environmental Services and Protection
e Natural Environment Develop a vector control plan for ee a Coordinator,
Management a On Track council had a specific program for Noosa a
e Bushland Reserves region which has been implemented in the
e Pest Management interim period. Carryover 14/15.
e Coastal & Waterways
Management
7 SEE Liaise with representatives from State / ; Coordinator,
: and Commonwealth Government and Co-ordinate stakeholder meetings and Environmental
Partnership Programs coordinate efforts of the community to On Track develop Pest Management Plan Carryover Services
plan and implement local control 14/15.
actions for pest animals
Assist with the review of the Coordinator,
Environment levy policy and strategy On Track Co-ordinate internal workshops with staff Environmental
and Councillors and develop Conservation Services
Land Strategy and Environmental Offset
Policy. Also VCAs and LFW. Carryover
14/15.
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DEPARTMENT COMMUNITY INFRASTRUCTURE
Corporate Program Waste Management
Program objective
Provide for the efficient, reliable and environmentally safe removal, disposal and reuse of household, commercial and industrial
wastes
Waste Management
Waste Collection Waste Management scoping study completed Scoping study completed. Coordinator Waste
Transfer Stations P Tenders called for the next stage of Management
Noosaville Landfill development of scoping study options with
Waste Administration and tenders closing 27th June 2014.
Re-introduce kerbside clean up ; Coordinator Waste
collection service Completed Service completed late June. Over 1,500 Management
tonnes of waste collected compared to 612
tonnes in 2009.
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ATTACHMENT 3
DEPARTMENT EXECUTIVE OFFICE
Corporate Program Internal Audit
Program objective
Ensure the organisation operates under efficient and effective systems of internal control
eee Eee: ee
Y=] aVi [a=] CVT ee ahs Comments
Manager
Internal Audit
Establish an Internal Audit Committee and Completed Expressi ee ee ee CEO
Charter members advertised. Applicants short listed and
recommendations made to council.
Develop an Internal Audit program The internal audit program will be formed with the CEO
Not Started input of the internal audit committee. Carryover 14/15
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DEPARTMENT EXECUTIVE OFFICE
Corporate Program Communication & Governance —- Community Engagement
Program objective
To ensure:
e The community has the opportunity to engage with and influence Council in the conduct of its responsibilities
e Events are staged in an appropriate and professional manner relative to the occasion
oo. Responsible
Key Initiatives Leet
Manager
Community Engagement
Develop strate gy and program for community Work has commenced to identify consultation topics Chief of Staff
engagement including appropriate technology and pro
, : projects. Carryover 14/15
and tools to enable widespread community On Track
input on key issues
Develop community governance framework Chief of Staff
To be undertaken by the new Community
Not Started Development Manager once appointed. Carryover
14/15
Review role, structure and operations of Substantial review undertaken during 2013/14. Chief of Staff
losphere On Track Transition Plan developed and being implemented to
putin place. Carryover 14/15
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DEPARTMENT EXECUTIVE OFFICE
Corporate Program Communication & Governance — Complaints Management and Right to
Information
Program objective
To ensure Council is open, fair and responsive in meeting its legal obligations to complaints received and requests for information
Key Initiatives eh aes Comments
Manager
Complaints Management and Right to Information
Develop and implement Public Interest I Chief of Staff
Disclosure Management Program and Carryover 14/15
Procedure including the responsibility for
coordinating claims and the establishment of a Not Started
disclosure register
cueneon for managers and RTI - Staff Liaison Officers have been established, Chiet of Staft
, training undertaken.
Completed
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