Agenda - Coordination Committee Meeting - 16 …...AGENDA Coordination Committee Meeting Tuesday 16...

AGENDA

Coordination Committee Meeting

Tuesday 16 May 2017 commencing at 10.30am

Strathpine Chambers 220 Gympie Road, Strathpine

COUNCILLOR: NOTICE IS HEREBY GIVEN, that a meeting of the Coordination Committee will be held on Tuesday 16 May 2017 commencing at 10.30am in Strathpine Chambers, 220 Gympie Road, Strathpine to give consideration to the matters listed on this agenda. Daryl Hitzman Chief Executive Officer 11 May 2017

Membership = 13 Quorum = 7 Mayor and all Councillors

Agenda for public distribution

Moreton Bay Regional Council

LIST OF ITEMS

1 GOVERNANCE SESSION (Cr Allan Sutherland, Mayor)

2 PLANNING & DEVELOPMENT SESSION (Cr Mick Gillam)

ITEM 2.1 7 DA/32200/2016/V2U - MATERIAL CHANGE OF USE - DEVELOPMENT PERMIT FOR TELECOMMUNICATIONS FACILITY - 1833 PUMICESTONE ROAD, TOORBUL DIVISION 1

REPORT DETAIL

SUPPORTING INFORMATION

#1 Locality Plan #2 Zoning Map

#3 Proposed Plan

#4 Photomontage Renders

#5 Perspective Render

#6 Referral Agency Response #7 Submissions

ITEM 2.2 66 DA/31204/2015/V2L - REQUEST FOR A NEGOTIATED DECISION - MATERIAL CHANGE OF USE - DEVELOPMENT PERMIT FOR PLACE OF WORSHIP - LOCATED AT 43 RUATOKA COURT, BURPENGARY - DIVISION 2

REPORT DETAIL SUPPORTING INFORMATION

#1 Locality Plan

#2 Negotiated Decision Request

#3 Amended Plans

ITEM 2.3 90 DA/31643/2016/V2Q - MATERIAL CHANGE OF USE - DEVELOPMENT PERMIT FOR OUTDOOR SPORT AND RECREATION SITUATED AT 1780-1820 BRIBIE ISLAND ROAD, SANDSTONE POINT ON LAND DESCRIBED AS LOT 6 SP281368 - DIVISION 1

REPORT DETAIL


#1 Locality Plan

#2 Zoning Map - MBRC Planning Scheme #3 Site Plan, dated June 2016, drawn by KP Architects

#4 DILGP - DTMR Concurrence Agency Response

#5 Submissions (provided as a separate document to the agenda)

#5a Submissions Properly Made

#5b Submissions Not Properly Made

COORDINATION COMMITTEE MEETING 16 May 2017

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3 CORPORATE SERVICES SESSION (Cr Adrian Raedel)

ITEM 3.1 139 QUARTER 3 OPERATIONAL PLAN AND BUDGET REVIEW 2016/17- REGIONAL

REPORT DETAIL


#1 Quarter 3 Operational Plan and Budget Review 2016/17

4 ASSET CONSTRUCTION & MAINTENANCE SESSION (Cr Peter Flannery)

ITEM 4.1 148 COLLECTION AND DISPOSAL OF HOUSEHOLD HAZARDOUS WASTE, MISCELLANEOUS ITEMS AND USED OIL (MBRC006153) - REGIONAL

REPORT DETAIL


Confidential #1 Tender Evaluation

ITEM 4.2 154 PROVISION OF SERVICES FOR THE COLLECTION AND DISPOSAL OF LEACHATE (MBRC006154) - REGIONAL

REPORT DETAIL



ITEM 4.3 160 NARANGBA - NORFOLK LAKE - LAKE RENEWAL AND SPILLWAY UPGRADE - DIVISION 11

REPORT DETAIL



5 PARKS, RECREATION & SPORT SESSION (Cr Darren Grimwade)

6 LIFESTYLE & AMENITY SESSION (Cr Matt Constance)

ITEM 6.1 167 APPROVAL FOR A PATH AND BOARDWALK THROUGH SILCOCK STREET PARK TO HAYS INLET - DIVISION 6

REPORT DETAIL


#1 Proposed path location

7 ECONOMIC DEVELOPMENT & TOURISM SESSION (Cr Julie Greer)

8 GENERAL BUSINESS


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CLOSED SESSION (Confidential items)

ITEM C.1 – CONFIDENTIAL 174 DA/3034/1997/DA & DA/8974/2002/DA - COUNCIL RESOLUTION DATED 2 DECEMBER 1997 - FINANCIAL CONTRIBUTION FOR ALLOWING THE RELEASE OF AN ACCESS RESTRICTION STRIP DESCRIBED AS LOT 12 SP114690 - NAUNTON ROAD, BURPENGARY - DIVISION 2

REPORT DETAIL SUPPORTING INFORMATION

ITEM C.2 – CONFIDENTIAL 187 PETRIE MILL; STATE LAND EXCHANGE - REGIONAL

REPORT DETAIL


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ATTENDANCE & APOLOGIES Attendance: Committee Members: Cr Allan Sutherland (Mayor) (Chairperson) Officers: Apologies: The Mayor is the Chairperson of the Coordination Committee. Coordination Committee meetings comprise of Sessions chaired by Council’s nominated Spokesperson (or Proxy) for that portfolio, as follows:

Session Spokesperson Proxy 1 Governance Cr Allan Sutherland (Mayor) Cr Mike Charlton (Deputy Mayor) 2 Planning & Development Cr Mick Gillam Cr Adam Hain 3 Corporate Services Cr Adrian Raedel Cr Allan Sutherland (Mayor)/

Cr Mike Charlton (Deputy Mayor) 4 Asset Construction & Maintenance Cr Peter Flannery Cr Allan Sutherland (Mayor)/

Cr Mike Charlton (Deputy Mayor) 5 Parks, Recreation & Sport Cr Darren Grimwade Cr Denise Sims 6 Lifestyle & Amenity Cr Matt Constance Cr Brooke Savige 7 Economic Development & Tourism Cr Julie Greer Cr Allan Sutherland (Mayor)/

Cr Mike Charlton (Deputy Mayor) 8 General Business Cr Allan Sutherland (Mayor) Cr Mike Charlton (Deputy Mayor)


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1 GOVERNANCE SESSION (Cr Allan Sutherland, Mayor) No items for consideration.


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2 PLANNING & DEVELOPMENT SESSION (Cr Mick Gillam) ITEM 2.1 DA/32200/2016/V2U - MATERIAL CHANGE OF USE - DEVELOPMENT PERMIT FOR TELECOMMUNICATIONS FACILITY - 1833 PUMICESTONE ROAD, TOORBUL DIVISION 1 APPLICANT: NBN C/- Aurecon Australasia OWNER: Mr Arthur D Freeman and Mrs Wendy J Freeman Meeting / Session: 2 PLANNING & DEVELOPMENT Reference: A14828134 : 23 January 2017 – Refer Supporting Information A14828163 Responsible Officer: RG, Planner (PED Development Planning) Executive Summary

Applicable Planning Scheme MBRC Planning Scheme Applicant NBN

C/- Aurecon Australasia Owner(s) Mr Arthur D Freeman and Mrs Wendy J Freeman Site Address Lot 28 RP85923 Property Description 1833 Pumicestone Road, Toorbul Area 39.46ha Proposal Material Change Of Use - Development Permit For

Telecommunications Facility Proposal Plans Refer to proposal plan in Appendices of this report. Assessment Level Impact Assessable Requested Approvals Material Change of Use Development Permit for

Telecommunications Facility Consistent / Inconsistent proposal

Yes

Planning Scheme Details

Rural Zone Coast & Riverlands, and Coastal Communities place types.

Relevant Codes Rural Zone Code Overlays: Acid Sulfate Soils Active Transport Building Height Bushfire Hazard Coastal Hazard (Erosion Prone Area) Coastal Hazard (Storm Tide Inundation)

• Balance area • High risk • Medium risk

Environmental Areas Flood Hazard

• Balance area • Medium risk

Riparian and Wetland Setbacks Road Hierarchy Stormwater Catchments Transport Noise Corridor


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Moreton Bay Regional Council ITEM 2.1 DA/32200/2016/V2U - MATERIAL CHANGE OF USE - DEVELOPMENT PERMIT FOR TELECOMMUNICATIONS FACILITY - 1833 PUMICESTONE ROAD, TOORBUL DIVISION 1 - A14828134 (Cont.)

Application ‘properly made’ 26 July 2016 Information Request Issued: 5 August 2016;

Response received: 26 September 2016 Referral Agencies Concurrence Agencies:

State Assessment and Referral Agency (SARA) Advice Agencies: Nil

Public Notification (Notice of Compliance received)

27 October 2016

Submissions Received Properly Made: One (1) Not Properly Made: None (0)

Decision Stage ends 17 May 2017 Is a Notation to the Planning scheme required?

Nil

Number of Existing Lots One (1) Further Development Permits that may be required

Development Permit for Building Work

This application seeks a Development Permit for a Telecommunications Facility situated at 1833 Pumicestone Road, Toorbul, on land described as Lot 28 RP 85923. The facility is proposed as a 41 metre high (including all structures) monopole located near the south-eastern property boundary. The subject site is located within the Rural Zone and has an area of 39.46ha. The proposed Telecommunications Facility includes a monopole, one (1) parabolic antenna affixed to the monopole and three (3) panel antenna affixed to the headframe. The proposed facility is part of the NBN network and is a “transmission hub site”. The facility will provide wireless internet connectivity (broadband) to the surrounding residences as well as providing a critical connection point between multiple adjoining fixed wireless facilities via the transmission network. The site is identified as being located within the Regional Landscape and Rural Production Area in the South East Queensland Regional Plan and is included in the Rural Zone of the Moreton Bay Regional Council Planning Scheme. The application was publicly advertised with one (1) submission received. The proposed development is considered to accord with the intent of the MBRC Planning Scheme, and is recommended to be approved, subject to conditions. The proposal was lodged with Council and deemed to be “Properly Made” on 26 July 2016. Accordingly, this application has been assessed in accordance with the Sustainable Planning Act 2009. OFFICER’S RECOMMENDATION A. That Council, in accordance with the Sustainable Planning Act 2009, approves a Material Change Of

Use development application for Telecommunications Facility situated at 1833 Pumicestone Road, Toorbul, on land described as Lot 28 RP 85923, subject to the following conditions: Approved Plans and Documents Plan / Document Name Reference Number Prepared By Dated

Overall Site Plan 4NIN-51-09-TOOR-C2 Rev 01 Aurecon 12/07/2016

Site Setout Plan 4NIN-51-09-TOOR-C3 Rev 01 Aurecon 12/07/2016

Site elevation and details

4NIN-51-09-TOOR-C4 Rev 01 Aurecon 12/07/2016


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Approved Plans and Documents Plan / Document Name Reference Number Prepared By Dated

NBN Antenna Configuration & Setout Plan

4NIN-51-09-TOOR-A1 Rev 01 Aurecon 12/07/2016

MATERIAL CHANGE OF USE - DEVELOPMENT PERMIT

DEVELOPMENT PLANNING

CONDITIONS TIMING

1. Approved Plans and/or Documents

Undertake development generally in accordance with the approved plans and/or documents. These plans and/or documents will form part of the approval, unless otherwise amended by conditions of this approval.

Prior to commencement of use and to be maintained at all times.

2. Amenity of the Area

Carry out the use so that there is no detrimental effect on the amenity of any person or property, resulting from the emission of noise, vibration, odour, air pollutants, glare, waste water, waste products, grit, oil or otherwise.

At all times.

3. Colour of Telecommunication Facility

Ensure that the telecommunication facility and associated equipment shelter is painted with a colour that blends with the adjacent bushland vegetation and complies with the colour range detailed as follows unless otherwise approved by Council in writing: (a). Registered Colourbond ‘Pale Eucalypt’ non-reflective paint; OR (b). Acceptable colours from Australian Standard AS2700s -

1996 or equivalent that are appropriate for highly visible surfaces as they are considered to be harmonious with the natural landscape listed below.

G52 - Euclayptus G53 - Banksia N45 - Koala Gray N32 - Green Gray G54 - Mist Green Y63 - Khaki N - 35 Light Grey G56 - Sage Green G55 - Lichen

Prior to commencement of use and to be maintained at all times.

4. Warning Sign


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CONDITIONS TIMING

A warning information sign is to be provided at the entrance to the lease area to prevent unauthorised entry.

To be maintained at all times after the commencement of use.

5. Security Fencing

Erect a security fence, with a maximum height of 2.4m, along all sides of the lease area.

Prior to commencement of the use and to be maintained at all times.

6. Noise

Air conditioning equipment must be located, designed, installed and maintained to achieve a component noise level of 0dB(A) above background noise level when measured at an affected building for a noise sensitive use. Notes: The component noise level for the equipment is to be measured as an LA90, T. ‘Background Noise Level’ means LA90, T being the A-weighted sound pressure level exceeded for 90 percent of the time period not less than 15 minutes using fast response.

Prior to commencement of the use and to be maintained at all times.

7. Vegetation Management Plan

(a) Submit a Vegetation Management Plan prepared by a

suitably qualified person and include scaled plans and supporting documentation that provides for the following:

(i) Retention of all vegetation other than those trees

required for removal (ii) Retention of habitat trees and healthy trees throughout

the development; (iii) Control measures, maintenance procedures and

monitoring programs; (iv) On site compensatory replanting of native vegetation

cleared

(a) Prior to works

commencing on site.


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CONDITIONS TIMING

(b) Obtain approval from Council for the Vegetation Management Plan in accordance with (a) above.

(c) Carry out works in accordance with the approved Vegetation

Management Plan.

(b) Prior to works commencing on site.

(c) At all times.

8. Management of Wildlife - Minor

Tag all trees to be removed and inspect for any signs of wildlife. Should any wildlife be identified, removal of the tree must not occur until the animal has vacated the area of immediate danger. Work must be suspended overnight if possible. If the animal does not move from the area of danger, the relevant State Government Agency must be notified, and a qualified handler employed at the developer’s cost to transport the animal to a safe place approved by the relevant State Government Agency.

Prior to any clearing on the site.

9. No Net Loss of Fauna Habitat

Development does not result in the net loss of fauna habitat. Where development does result in the loss of a Habitat Tree, development will provide replacement fauna nesting boxes at the following rate: (a) One (1) nest box for every hollow removed; or (b) Where hollows have not yet formed in trees greater than 80cm

in diameter at 1.3m height, three (3) nest boxes are required for every habitat tree removed.

Prior to the commencement of use.

DEVELOPMENT ENGINEERING

10. DE136 Acid Sulfate Soil Management

(a) Thoroughly mix all excavated soil with aglime (fine

ground (<1mm) calcium carbonate or calcite) at the rate of 80 kg of lime per cubic metre of soil, and treat any exposed sediment or soil surfaces in excavation pits or trenches at a rate of 5 kg of lime per square metre. Soil is to be thoroughly mixed with lime before it is backfilled into trenches.

(b) Manage site runoff through bunding and prevent or treat

infiltration passing through acid sulfate soils to groundwater.

(a) While site

works are occurring.

(b) While site

works are occurring.


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CONDITIONS TIMING

(c) The discharge of groundwater or surface water from the

subject site must only occur when it meets the Queensland Water Quality Guidelines 2009 and the Australian and New Zealand Guidelines for Fresh and Marine Water Quality (the ANZECC 2000) Guidelines.

(c) Prior to

discharge to an aquatic environment.

11. DE302 Replace Existing Council Infrastructure

Replace existing Council infrastructure (including but not limited to street trees and footpaths) that is damaged as part of construction works, to a standard which is consistent with Council’s standards.

Prior to commencement of use.

12. DE303 Alterations and Relocation of Existing Services

Any alteration or relocation in connection with or arising from the development to any service, installation, plant, equipment or other item belonging to or under the control of the telecommunications authority, electricity authorities, the Council or other person engaged in the provision of public utility services is to be carried with the development and at no cost to Council.

Prior to commencement of use.

13. DE507 Access, Internal Roadways, Parking and Servicing Areas

Design, construct and maintain all accesses, internal roadways, parking and servicing areas, in accordance with the approved plan(s) of layout. The works must be designed, constructed and maintained in accordance with good engineering practices and Council’s Planning Scheme requirements unless conditioned otherwise.

Prior to commencement of use and to be maintained.

14. DEU Equipment Cabinets

Cabinets containing equipment are to be elevated to a level above the Defined Flood Event.

Prior to commencement of use and to be maintained.

CONCURRENCE AGENCY

15. Concurrence Agency Conditions

(a) Comply with the conditions of Department of

Infrastructure, Local Government and Planning

(a) At all times.


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CONDITIONS TIMING

response dated 22 March 2017 (reference: SDA-0816-032839) or as amended.

(b) Provide certification to Council prepared by a suitably

qualified person or the agency demonstrating the requirements of the Department of Infrastructure, Local Government and Planning have been met.

(b) At all times.

ADVICE

1. Aboriginal Cultural Heritage Act 2003

The Aboriginal Cultural Heritage Act 2003 commenced in Queensland on April 16, 2004. Under the Act, indigenous parties are key in assessing cultural heritage significance. The Aboriginal Cultural Heritage Act 2003 establishes a Duty of Care for indigenous cultural heritage. This applies on all land and water, including freehold land. The Cultural Heritage Duty of Care lies with the person or entity conducting the activity. Penalty provisions apply for failing to fulfil the Cultural Heritage Duty of Care. Those proposing an activity that involves additional surface disturbance beyond that which has already occurred on the proposed site need to be mindful of the Duty of Care requirement. Details of how to fulfil the Duty of Care are outlined in the Duty of Care Guidelines gazetted with the Act. Council strongly advises that you contact the relevant state agency to obtain a copy of the Duty of Care Guidelines and further information on the responsibilities of developer under the terms of the Aboriginal Cultural Heritage Act 2003.

B. That all external Referral Agencies for the application be provided with a copy of Council’s Decision

Notice.


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REPORT DETAIL 1. Background There is no previous record of any Material Change of Use development approval over the site. There is an existing Telecommunications Facility on the site, located further to the south of the proposed new NBN telecommunications tower. However, a review of Council records show that the existing Telecommunications Facility has a building approval (BL/9003/2003/PCCOM) from 2003. A review of the applicable planning scheme at that time (the Town Planning Scheme for the Shire of Caboolture (1988)) shows that a telecommunications facility was classified as a Public Utility. The site was zoned as Special Rural Zone under the 1988 Planning Scheme and in accordance with Part 2 of the scheme, the installation of a Public Utility within this zone was a ‘purpose for which building or other structures may be erected or used or for which land may be used without the consent of council’ and only required a building works approval, which was granted in 2003 (BL/9003/2003/PCCOM). The existing facility is 30 metres in height and is in the ownership of another telecommunications operating entity (Telstra). Telstra has future equipment reservations (being areas on the existing monopole above and below the existing antennas) that it has earmarked for future upgrades to the facility up to a total reservation height of 35 metres. This existing Telstra facility is not capable of accommodating the necessary NBN infrastructure (antennas weight) or reaching the desired number of properties with an available antenna height of 25 metres (below the Telstra reservation area). This is due to the required height of 40 metres by NBN to reach the coverage objectives to provide the service to the Toorbul area and ensure that ‘line of sight’ is maintained to the rest of the NBN network. As the existing Telstra facility has insufficient height (30 metres with reservation areas between 25 metres and 35 metres) and insufficient structural integrity to accommodate the NBN antennas, a new replacement lattice frame tower (with a larger base area and a greater visual impact to the monopole construction) would be required in order to support the antennas at all available heights if co-location of the existing Telstra and proposed NBN services were pursued. Note, the replacement of the existing facility would require the combined agreement of Telstra, the landowner and NBN. As a part of the submitted application, NBN has advised that due to the additional and undesirable visual impact that a higher lattice frame would have, further discussions between all parties regarding a ‘pole swap’ was discounted. The proposed additional monopole tower (proposed by this application) is located more central to the site than the existing Telstra facility directly adjoining the road reserve and has a reduced visual dominance compared to that of a larger single lattice construction facility that would be necessary in order to co-locate the NBN services with Telstra. 2. Explanation of Item

2.1 Proposal Details

This application seeks a Development Permit for a Telecommunications Facility situated at 1833 Pumicestone Road, Toorbul, on land described as Lot 28 RP85923. The facility is proposed as a 41 metre high (including all structures) monopole located near the south-eastern property boundary (40 metres from the pad level to the top of the panel antennas). The subject site is located within the Rural Zone and has an area of 39.46ha.

The proposed Telecommunications Facility includes a monopole, one (1) parabolic antenna affixed to the monopole and three (3) panel antenna affixed to the headframe. The proposed facility is a part of the NBN network and is a “transmission hub site”. The facility will provide wireless internet connectivity (broadband) to the surrounding residences as well as providing a critical connection point between multiple adjoining fixed wireless facilities via the transmission network.


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Access to the proposed new telecommunications compound will be provided via the existing property access off Freeman Road. The site is vegetated with the selected location of the facility being within an existing cleared section of the site.

2.2 Site and Locality

2.2.1 Existing Use

The subject property is predominantly vacant, compromising areas of dense vegetation and wetlands. A dwelling and several ancillary sheds are located towards the northern property boundary and are accessed from Pumicestone Road. The site adjoins large, rural properties to the west and south, residential properties and Pumicestone Road to the north, and residential properties and Freeman Road to the east. 2.2.2 Topography The subject site is flat, with an elevation of about 1.25 metres AHD across the site. 2.2.3 Surrounding Land Use The built form and typical land uses on properties in the surrounding area predominantly of large, rural allotments to the south and west, and smaller, residential properties to the north and east. Separation between the proposed facility location and the closest dwelling on a nearby property is approximately 80m to the east.

Direction Planning Scheme Zone Current Land Use North General Residential Dwelling Houses & Outbuildings South Rural Dwelling Houses & Outbuildings East General Residential & Rural Established Vegetation, Dwelling Houses &

Outbuildings West Rural Established Vegetation, Dwelling Houses &

Outbuildings

2.3 State Planning Instrument Assessment

2.3.1 State Planning Regulatory Provisions (SPRPs)

An assessment against each of the State Planning Regulatory Provisions is set out as follows:

Name Designation Applicable Requirements Coastal Protection State Planning Regulatory Provision

None The site is located outside of the Coastal zone and therefore the State Planning Policy does not apply.

State Planning Regulatory Provision (Adopted Charges)

None Not Applicable to Development Assessment however the SPRP has informed the Council’s Adopted Infrastructure Charges Resolution that is discussed in section 2.5.1 of this report.

State Planning Regulatory Provisions (Adult Stores)

None The development proposal is not for an Adult Store and therefore the State Planning Regulatory Provisions do not apply.

South East Queensland Koala Conservation State

None

The development proposal is not located in a Priority Koala Assessable Development Area or Koala


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Name Designation Applicable Requirements Planning Regulatory Provisions

Assessable Development Area and therefore the State Planning Regulatory Provisions do not apply.

Southeast Queensland Regional Plan 2009-2031 (SEQRP) State Planning Regulatory Provisions

Regional Landscape and Rural Production Area

The development proposal is for a Material Change of Use in the Regional Landscape and Rural Production Area. An assessment against the applicable assessment criteria of the SEQRP has been undertaken, and the proposal is consistent. The proposal is not for an Urban Purpose and therefore complies.

2.3.2 State Planning Policy

On 2 December 2013, the single State Planning Policy (SPP) came into effect and includes interim development assessment requirements to be applied by Council until the SPP has been appropriately integrated into Council’s planning scheme applying to the subject land. For some state interests, the SPP includes a statutory code the development is required to be assessed against. Assessment against the SPP is set out as follows;

State interest - Natural Hazards

Applicable to Development SPP Requirement Comment

Yes

No

All Natural Hazards Trigger (specific only to coastal hazards - erosion prone areas) (1) avoids natural hazard areas or

mitigates the risks of the natural hazard to an acceptable or tolerable level, and

(2) supports, and does not unduly burden, disaster management response or recovery capacity and capabilities, and

(3) directly, indirectly and cumulatively avoids an increase in the severity of the natural hazard and the potential for damage on the site or to other properties and

(4) avoids risks to public safety and the environment from the location of hazardous materials and the release of these materials as a result of a natural hazard, and

(5) maintains or enhances natural processes and the protective function of landforms and vegetation that can mitigate risks associated with the natural hazard,

Coastal Hazards Trigger Development:

An assessment of the proposed development has been undertaken against the applicable SPP requirements, and the proposal has been determined to comply. The proposal mitigates the risk as it is a non-habitable use, and where necessary, the proposed telecommunication components are located above the defined flood event. The use does not increase the number of persons living or working on the site on a regular basis and does not increase the severity of the natural hazard. A large portion of the site is mapped as being within the Erosion Prone area and the proposed facility will not increase the risk. The facility is located within a previously disturbed area of the site to reduce the


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State interest - Natural Hazards

Applicable to Development SPP Requirement Comment

(6) is not located in an erosion prone area within a coastal management district unless (a) it cannot feasibly be located

elsewhere, and (b) is coastal-dependent

development, or temporary, readily relocatable or able-to-be-abandoned development, and

(7) that is the redevelopment of existing permanent buildings or structures, is located outside an erosion-prone area or, where this is not feasible redevelopment: (a) is located:

i. as far landward from the seaward property boundary as possible, or

ii. landward of the seaward alignment of the neighbouring buildings, and

(b) provides space seaward of the development within the premises to allow for the future construction of erosion control structures, such as a seawall, and

(8) proposes to undertake coastal protection work (excluding beach nourishment) only as a last resort where coastal erosion presents an imminent threat to public safety or existing buildings and structures, and all of the following apply: (a) the property cannot

reasonably be relocated or abandoned, and

(b) any coastal protection work to protect private property is located as far landward as practicable and on the lot containing the property to the maximum extent reasonable, and

(c) the coastal protection work mitigates any increase in coastal hazard risk for adjacent areas.

impacts. It is considered that the facility is suitably located. N/A N/A


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2.4 Local Planning Instrument Assessment – MBRC Planning Scheme

2.4.1 Strategic Framework Not applicable. 2.4.2 Assessment of Applicable Codes

Code Compliance Summary

The assessment below identifies how the development proposal complies (subject to the application of any recommended conditions of approval) with the applicable codes and where the development proposal; (a) proposes an alternative outcome to an Acceptable Outcome, satisfying or not satisfying the

corresponding Performance Outcome; and (b) proposes an outcome where no Acceptable Outcome is stated in the code and the proposed

Outcome does not satisfy the corresponding Performance Outcome.

Applicable Codes Compliance with Overall Outcomes

Performance Outcomes Assessment is required against

Zone/ Locality Code Planning Area Code (Rural zone) Yes PO1, PO3, PO10, PO73, PO76, PO77,

PO78 Overlay Codes

Coastal Hazard Overlay Code Yes PO14, PO28 Flood Hazard Overlay Code Yes -

The assessment of the development proposal against the Performance Outcomes of the applicable codes is discussed below in section 2.4.3.

2.4.3 Performance Outcome Assessment

Performance Outcome Acceptable Outcomes

Rural Zone Code PO1 Development:

a. adds value to an existing rural activity, the natural environment, or a tourism attraction;

b. does not prejudice the ongoing operation of an existing or approved rural activity;

c. is adequately serviced with necessary infrastructure to meet on-site needs and requirements;

d. ensures adequate on-site stormwater and waste disposal is provided to avoid adverse impacts on water quality;

e. is a size and scale that maintains the low density, low intensity and

No acceptable outcome provided.


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Rural Zone Code open area landscape character anticipated in the Rural zone;

f. is designed, located and operated in a manner that avoids nuisance impacts on sensitive land uses;

g. requires minimal filling or excavation. Where this occurs, visual impacts are reduced through screening;

h. avoids being obtrusive or visually dominant by achieving low-set built form;

i. uses natural and non-reflective materials and colours consistent with existing and surrounding rural buildings and rural environment, except where materials such as netting, shade cloth and similar coverings are necessary for agricultural operations;

j. is not subject to a development constraint such as, but not limited to, flood, steep slope, waterway setback and significant vegetation; and

k. does not result in any instability, erosion or degradation of land, water, soil resource or loss of natural, ecological or biological values.

Alternative Solution/s Assessment The proposed facility is sited within the Medium Risk Coastal hazard area and the erosion prone area (as mapped under the Overlay) and as such, the proposed development is subject to a constraint being flooding and cannot comply with PO1 (j) above. The proposal therefore requires assessment against the Overall Outcomes of the Rural Zone Code. Refer to section 2.4.4 below. PO3 Height of buildings and structures:

a. is consistent with the existing low rise, open area and low density character and amenity of the Rural zone and its precincts;

b. does not unduly impact on access to daylight, sunlight, overshadowing or privacy experienced by adjoining premises;

c. for buildings in the Hamlet precinct, the height of buildings reflect the individual character of the area;

AO3 Building height and all structures do not exceed the maximum height identified on Overlay map - Building heights; except in the Hamlet precinct, where outbuildings, free standing car ports or garages do not exceed 3.5m.


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Rural Zone Code d. does not adversely affect the

operation of aviation facility at Mt Glorious by adopting design or on-site management measures that:

i. ensures a physical line-of-sight between transmitting or receiving devices.

ii. ensure electromagnetic fields do not interfere with the functioning of the aviation facility.

Alternative Solution/s Assessment The applicant proposes an alternative solution to Acceptable Outcome AO3 of the Rural Zone Code. The proposed facility is 41 metres to the top of the overall height of the facility in lieu of the mapped maximum 8.5 metres building height limit (note: the Code does provide for Telecommunication Facilities up to 35m in the land use specific criteria of the Code AO76.2). The proposal includes a 41 metre (overall height) monopole construction facility, with panel antenna mounted on the headframe at the top of the tower and parabolic antennas located towards the top of the tower. The structure will not cause an impact in preventing access to daylight, sunlight, or introduce overshadowing to adjoining properties given the slim construction of the tower. The facility does not affect the operation of the aviation facility at Mt Glorious. While the proposed tower may be visible from some surrounding vantage points, given the existing dense vegetation that provides screening to the lower portion of the facility, the visual impact is reduced and the remaining portion that is visible is slimline and consistent with a low density character of the Rural Zone. The proposed facility is part of the NBN network and is a “transmission hub site”. The facility will provide wireless internet connectivity (broadband) to the surrounding residences as well as providing a critical connection point between multiple adjoining fixed wireless facilities via the transmission network. To this end, the proposed facility is required to exceed the height of the existing vegetation to ensure line-of-sight to other facilities within the NBN network. Although the height of the structure is above that in the surrounding area this height and increased visibility is not considered to have a detrimental impact on the character of the surrounding area. As the proposal is not consistent with the existing low rise character, it cannot comply with aspects of Performance Outcome PO3. The proposal therefore requires assessment against the Overall Outcomes of the Rural Zone Code. Refer to section 2.4.4 below. PO10 On-site car parking associated with an activity provides safe and convenient on-site parking and manoeuvring to meet anticipated parking demand. Note - Refer to Planning scheme policy - Integrated transport assessment for guidance on how to achieve compliance with this outcome.

AO10 On-site car parking is provided in accordance Schedule 7 - Car parking.

Alternative Solution/s Assessment


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Rural Zone Code The applicant does not propose to include any formalised car parking on site. Schedule 7 of the Planning Scheme requires one (1) space to be provided for visiting staff to the site. The proposed tower will not have regular visitors, and the proposed facility is sited on a large site with adequate space for informal car parking arrangements. An access track is proposed and this may also accommodate any vehicle that visits the site for maintenance and servicing of the facility. It is noted that the facility is only required to be visited a limited number of times a year and this is typically by a vehicle equal to or smaller than a Small Rigid Vehicle. The proposed site layout is provides safe and convenient areas available for car parking that meets the anticipated parking demand for the proposed use. The alternative solution complies with Performance Outcome PO10 and is accepted in this instance. PO73 Telecommunications facilities are co-located with existing telecommunications facilities, Utility installation, Major electricity infrastructure or Substation if there is already a facility in the same coverage area.

AO73.1 New telecommunication facilities are co-located on existing towers with new equipment shelter and associated structures positioned adjacent to the existing shelters and structures.

Alternative Solution/s Assessment The applicant proposes an alternative solution to Acceptable Outcome AO73.1 of the Code as the facility is a new facility and is not co-located on an existing tower. While there is an existing Telecommunications Facility on the site - located further to the south of the proposed new NBN telecommunications tower - this existing facility is not capable of accommodating the necessary NBN infrastructure or reaching the desired number of properties without replacing it with a new, lattice style facility (with a greater visual impact) (refer section 1 of this report for further detailed discussion). The proposed additional monopole tower (that proposed by this application) is located more central to the site and has a reduced visual dominance compared with what would need to be a large single lattice construction facility in order to co-locate the proposed NBN services with the existing telecommunications provider. As the proposal is not co-located with any of the specified uses, it cannot comply with Performance Outcome PO73. The proposal therefore requires assessment against the Overall Outcomes of the Rural Zone Code. Refer to section 2.4.4 below. PO76 The Telecommunications facility does not have an adverse impact on the visual amenity of a locality and is:

a. high quality design and construction; b. visually integrated with the

surrounding area; c. not visually dominant or intrusive; d. located behind the main building

line; e. below the level of the predominant

tree canopy or the level of the

AO76.2 In all other areas towers do not exceed 35m in height. AO76.6 A minimum 3m wide strip of dense planting is provided around the perimeter of the fenced area, between the facility and street frontage and adjoining uses. Note - Landscaping is provided in accordance with Planning scheme policy - Integrated design.


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Rural Zone Code surrounding buildings and structures;

f. camouflaged through the use of colours and materials which blend into the landscape;

g. treated to eliminate glare and reflectivity;

h. landscaped; otherwise consistent with the amenity and character of the zone and surrounding area.

Note - Council may require a detailed landscaping plan, prepared by a suitably qualified person, to ensure compliance with Planning scheme policy - Integrated design.

Alternative Solution/s Assessment The applicant proposes an alternative solution to Acceptable Outcomes AO76.2 and AO76.6 as the proposed facility is 41 metres in height and new landscaping is not proposed between the facility and the road frontage. Height (AO76.2) The proposal includes a 40m high monopole construction set atop a 1m high pad (total height of 41m). The facility, by its nature to deliver a signal to surrounding properties, cannot achieve a low set built form as it requires line-of-sight to surrounding NBN facilities in the regional network, and to the dwellings it may service. As a result, the tower protrudes above the level of the predominant tree canopy to ensure that a network connection to the surrounding transmission sites can be achieved. The facility is however located behind the existing vegetation and is therefore obscured by the existing mature vegetation (refer discussion regarding AO76.6 below). The recommendations of this report include a condition requiring the facility to be painted/treated to reduce glare and camouflage with the surrounding visual amenity. Landscaping (AO76.6) Existing vegetation occupies the land between the proposed facility and the road frontage and it is not considered necessary to require additional landscaping given the location of the facility being internal to the site. While the facility will not be below the level of the predominant tree canopy or the surrounding buildings and is not proposed to be landscaped (e and h of PO76 above), it is of a slim monopole design to reduce visual recognition and dominance within the surrounding area. Given that the nature of a telecommunications facility requires clearance over vegetation in order to provide and maintain a reliable signal, the proposal cannot comply with part (e) of the Performance Outcome. An assessment against the Overall Outcomes is included in 2.4.4 of this report (below). PO77 Lawful access is maintained to the site at all times that does not alter the amenity of the landscape or surrounding uses.

AO77 An Access and Landscape Plan demonstrates how 24 hour vehicular access will be obtained and maintained to the facility in a manner that is appropriate to the site’s context.

Alternative Solution/s Assessment The application did not include an access and landscape plan to demonstrate the 24hr vehicle access to the site, however the proposal does include constructed access to the facility that


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Rural Zone Code will allow for lawful access at all times. The surrounding area will not be altered to accommodate the access. The alternative solution complies with Performance Outcome PO77 of the Rural Zone Code and is accepted in this instance. PO78 All activities associated with the development occur within an environment incorporating sufficient controls to ensure the facility generates no audible sound at the site boundaries where in a residential setting.

AO78 All equipment comprising the Telecommunications facility which produces audible or non-audible sound is housed within a fully enclosed building incorporating sound control measures sufficient to ensure no noise from this equipment can be heard, or felt at the site boundary.

Alternative Solution/s Assessment The applicant proposes an alternative solution to Acceptable Outcome AO78 of the Rural Zone Code. The proposed air-conditioning units are to be housed within “outdoor cabinets” within the NBN lease area in lieu of buildings. The recommendations of this report include a condition requiring all equipment including air-conditioners to be attenuated to ensure noise emitted by the facility is suitably attenuated. The proposal, subject to the inclusion of the recommended conditions, complies with Performance Outcome PO78.


Coastal Hazard Overlay Code PO14 Development is resilient to a coastal hazard event by ensuring design and built form account for the potential risks of the coastal event (including storm tide inundation, wave action and coastal erosion). Note - New buildings not on land already filled to the flood planning level will require a structural engineering design capable of withstanding the nature of the hazard(s) to which the building will be subject, to be supported a report (or multiple reports) prepared by a Registered Professional Engineer Queensland that identifies the coastal hazard and the structural approach to be utilised. Information on the risk of a coastal hazard for premises in the Coastal planning area is available on Council’s Flood Check website via https://www.moretonbay.qld.gov.au/floodcheck/.

AO14.1 Development in the Erosion Prone Area, High risk storm tide inundation area and Medium risk storm tide inundation area is in accordance with the following: a. a site based coastal engineering report

from a suitably qualified Registered Professional Engineer Queensland which identifies the coastal hazard and the structural approach to be utilised for the building work;

b. a structural engineering design which ensures that the building work and any associated earthworks are capable of withstanding the nature of the coastal hazard event to which the building will be subject.

Note - New buildings not on land already filled to the flood planning level will require a structural engineering design capable of withstanding the nature of the hazard(s) to which the building will be subject, to be supported a report (or multiple reports)


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https://www.moretonbay.qld.gov.au/floodcheck/

https://www.moretonbay.qld.gov.au/floodcheck/



Coastal Hazard Overlay Code Note - Reporting to be prepared in accordance with Planning scheme policy - Flood hazard, Coastal hazard and Overland flow.

prepared by a Registered Professional Engineer Queensland that identifies the coastal hazard and the structural approach to be utilised. Information on the risk of a coastal hazard for premises in the Coastal planning area is available on Council’s Flood Check website via https://www.moretonbay.qld.gov.au/floodcheck/. Note - Reporting to be prepared in accordance with Planning scheme policy - Flood hazard, Coastal hazard and Overland flow.

Alternative Solution/s Assessment The applicant proposes an alternative solution to Acceptable Outcome AO14.1 as the facility is located within the mapped Erosion Prone Area and a report prepared by a Coastal engineer was not submitted with the application. The proposal presents the following however, which demonstrates compliance of the proposal with the Performance Outcome PO14: • There are no adverse local drainage impacts, flooding and coastal impacts on other

premises, public land, watercourses, roads or infrastructure or impacts on natural riverine and coastal processes or flood warning times given the proposal is for the construction of a pole and elevated platform and the foundation will be flush with the ground level and therefore no changes in the contours are proposed and mitigates the coastal erosion risk;

• Earthworks required are only for the installation of piers for the elevated platform and foundation for the pole, which will have no adverse impact on the coastal erosion risk as these disturbed areas will be stabilised upon completion of works.

• The cabinets are elevated to the defined flood level with materials of high water resistance to be utilised. Therefore, the facility is able to remain functional during and after a coastal hazard event.

• The site selected is generally flat and therefore no filling is required to construct the facility.

• Materials utilised for construction will be of high water resilience and structurally sound to avoid an increase in the potential for damage on the premises or to other premises, and is resilient to a coastal hazard event.

• The proposed development does not involve the storing or manufacturing of hazardous materials.

• The facility is not a vulnerable land use. • The proposed development is a non-habitable use and will not increase the number of

people living or working in the area. Therefore there will be no need for evacuation or isolation of persons during a coastal hazard event.

PO28 Development involving community infrastructure is not located in the Erosion Prone Area or High risk storm tide inundation area.


Alternative Solution/s Assessment


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Coastal Hazard Overlay Code The proposal does not comply with Performance Outcome PO28 of the code as Community Infrastructure is defined as (contained with Administration definitions) the following: “A use that provides essential services vital to the wellbeing of the community, including:

a. police and emergency services facilities including emergency shelters; b. hospitals and associated institutions; c. facilities for the storage of valuable records or items of cultural or historical

significance; d. State controlled roads; e. railway lines, stations and associated facilities; f. aeronautical facilities; g. communication network facilities; h. works of an electricity entity under the Electrical Safety Act 2002, Electricity Act

1994 and Electricity Regulation 2006; i. water cycle management infrastructure.”

As such, the proposed facility constitutes a development that is “community infrastructure” within the Erosion prone area. The proposal cannot comply with the Performance Outcome. An assessment against the Overall Outcomes is included in 2.4.4 of this report (below).

2.4.4 Overall Outcome Assessment

Rural Zone Code - Section 6.2.10

Overall Outcomes - Rural Zone Complies Y/N Comments

a. A wide range of rural uses, as identified in the table below, are established.

Y A telecommunications facility is identified in the table as being a land use contemplated to occur in the Rural Zone.

b. Rural activities and primary production activities are protected from intrusion by incompatible development.

Y The siting of the telecommunications facility is within an area of the site that are is unlikely to be used for primary production or a rural activity. The proposed development area does not adjoin any other areas internal or external to the site that is used for rural activities or primary production purposes.

c. Intensive rural activities such as animal keeping, aquaculture, and intensive animal industry:

i. provide appropriate separation distance to sensitive land uses;

ii. avoid odour, dust, noise and visual impacts on sensitive land uses;

iii. avoid adversely affecting water quality in waterways and water catchments; and

N/A Intensive animal keeping, aquaculture and intensive animal husbandry are not proposed.


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iv. are not located adjacent to sensitive land uses or land zoned for residential and rural residential purposes.

d. Residential uses are limited to a single dwelling house per allotment. A secondary dwelling is permitted provided it functions and appears subordinate to the principal dwelling house.

N/A The existing residential dwelling is lawful and no additional dwellings are proposed.

e. A range of housing options provide short-term accommodation for tourists in proximity to tourist attractions.

N/A Not proposed.

f. Accommodation for rural workers is provided on or in close proximity to rural activities.

N/A Not proposed.

g. Active and passive outdoor recreational opportunities for residents and visitors to the region are established.

N/A Not proposed and will not impact on the operation of surrounding existing uses.

h. Intensification of existing and new commercial and retail development does not occur.

N/A Not proposed.

i. Development maintains the open area character and scenic amenity, including the low density, low intensity and dispersed built form which defines the rural place type.

Y The proposed facility consists of a 40m tower (when measured from the pad) with a total overall height of 41m (when measured from the ground) inclusive of the panel antennas. The facility is of a slim monopole construction that allows for visual permeability and a reduction of visual dominance and recognition within the landscape. It is acknowledged that the structure is significantly taller than the existing surrounding built form, however the visual dominance has been reduced by the siting of the facility behind the existing mature vegetation to help reduce the visual recognition.

j. Development does not adversely affect the operation of aviation facilities at Mt Glorious (See Overlay map -

N/A Development will not compromise the operation of aviation facilities at Mt Glorious.


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Infrastructure buffers). This aviation facility comprises a VHF beacon.

k. Development does not result in adverse or nuisance impacts on adjoining properties or the wider rural environment. Any adverse or nuisance impacts are contained and internalised to the lot through location, design, operation and on-site management practices.

Y The proposal contains all impacts onsite, including traffic access and parking.

l. Development generating high volumes of traffic or involving heavy vehicle traffic movements is located on roads of a standard and capacity to accommodate traffic demand.

N/A The proposal will not have high traffic volumes and the existing roads are of sufficient standard.

m. Development does not result in the establishment of industrial activities, other than rural industry.

N/A Industrial activities are not proposed.

n. General works associated with the development achieves the following:

i. a high standard of electricity, telecommunications, roads, sewerage, water supply and street lighting services is provided to new developments to meet the current and future needs of users of the site;

ii. the development manages stormwater to: A. ensure the discharge of

stormwater does not adversely affect the quality, environmental values or ecosystem functions of downstream receiving waters;

B. prevent stormwater contamination and the release of pollutants;

C. maintain or improve the structure and condition of drainage lines and riparian areas;

D. avoid off-site adverse impacts from stormwater.

iii. the development does not result in unacceptable impacts on the capacity on the capacity and safety of the external road network;

Y The proposed works include the provision of a new underground electricity line. Stormwater is not impacted by the development. The development will not generate traffic numbers that will unacceptably impact the safety and capacity of the external road network.


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iv. the development ensures the safety, efficiency and useability of access ways and parking areas;

v. site works including earthworks are managed to be safe and have minimal impacts on adjoining or adjacent premises, the streetscape or the environment.

The proposed access to and from the site is safe and efficient for the proposed development.

o. Activities associated with the use do not cause a nuisance by way of aerosols, fumes, light, noise, odour, particles or smoke.

Y The recommendations of this report include a condition to ensure the ongoing compliance with this requirement.

p. Noise generating uses are designed, sited and constructed to minimise the transmission of noise to appropriate levels and do not cause environmental harm or nuisance.

N/A The use is not a noise-generating use.

q. Noise sensitive uses are designed, sited and constructed so as not to be subject to levels of noise expected from rural activities.

N/A The use is not a noise-sensitive use.

r. Development in a Water supply buffer is undertaken in a manner which contributes to the maintenance and enhancement where possible of water quality to protect the drinking water and aquatic ecosystem environmental values in those catchments.

N/A Development is not within a water supply buffer.

s. Development avoids areas subject to constraint, limitation, or environmental value. Where development cannot avoid these identified areas, it responds by: i. adopting a 'least risk, least impact'

approach when designing, siting and locating development in any area subject to a constraint, limitation or environmental value to minimise the potential risk to people, property and the environment;

ii. ensuring no further instability, erosion or degradation of the land, water or soil resource;

iii. when located within a Water buffer area, complying with the Water Quality Vision and Objectives contained in the Seqwater Development Guidelines: Development Guidelines for Water

Y The development is located so as to avoid the areas of constraint and limitation where possible, however is located within the mapped Acid Sulfate Soils, Bushfire Hazard, Coastal Hazard, environmental areas and Flood Hazard overlay. The development requires the removal of approximately 40m2 of the existing vegetation. The area of the site selected for the facility is already partially cleared and has semi-formalised access to the road. The development is considered to adopt a least risk / least impact approach by concentrating the development within an existing disturbed area of the site.


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Quality Management in Drinking Water Catchments 2012.

iv. maintaining, restoring and rehabilitating environmental values, including natural, ecological, biological, aquatic, hydrological and amenity values, and enhancing these values through the provision of planting and landscaping, and facilitating safe wildlife movement and connectivity through: A. the provision of replacement,

restoration, rehabilitation planting and landscaping;

B. the location, design and management of development to avoid or minimise adverse impacts on ecological systems and processes;

C. the requiring of environmental offsets in accordance with the Environmental Offsets Act 2014.

v. protecting native species and protecting and enhancing species habitat;

vi. protecting and preserving the natural, aesthetic, architectural historic and cultural values of significant trees, places, objects and buildings of heritage and cultural significance;

vii. establishing effective separation distances, buffers and mitigation measures associated with identified infrastructure to minimise adverse effects on sensitive land uses from odour, noise, dust and other nuisance generating activities;

viii. establishing, maintaining and protecting appropriate buffers to waterways, wetlands, native vegetation and significant fauna habitat;

ix. ensuring it promotes and does not undermine the ongoing viability, integrity, operation, maintenance and safety of identified infrastructure;

x. ensuring effective and efficient disaster management response and recovery capabilities;

The development will not result in the further instability or degradation of the land. The recommendations of this report include a condition requiring the submission of a vegetation management plan that results in the replanting of cleared vegetation.


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xi. where located in an overland flow path: A. development siting, built form,

layout and access responds to the risk presented by the overland flow and minimises risk to personal safety;

B. development is resilient to the impacts of overland flow by ensuring the siting and design accounts for the potential risks to property associated with the overland flow;

C. development does not impact on the conveyance of the overland flow for any event up to and including the 1% AEP for the fully developed upstream catchment;

D. development directly, indirectly and cumulatively avoid an increase in the severity of overland flow and potential for damage on the premises or other premises, public lands, watercourses, roads or infrastructure.

t. Development in the Rural Zone includes

one or more of the following: ….Telecommunications Facility

Y Proposal is for a Telecommunications Facility and complies.

Coastal Hazard Overlay Code - Section 8.2.1

Overall Outcomes - Coastal Hazard Overlay

Complies Y/N Comments

a. Development in the Erosion Prone Area manages and mitigates the tolerable risk of the coastal hazard by ensuring that: i. a material change of use is only

for a use which: A. avoids the coastal erosion

risk; or B. manages the coastal

erosion risk through a strategy of planned retreat; or

C. mitigates the coastal erosion risk if there are no adverse local drainage impacts, flooding and coastal impacts on other premises, public land, watercourses, roads or

Y

The proposal is located within the Erosion Prone Area. There are no adverse local drainage impacts, flooding and coastal impacts on other premises, public land, watercourses, roads or infrastructure or impacts on natural riverine and coastal processes or flood warning times given the proposal is for the construction of a telecommunication tower on an elevated platform, and the foundation will be flush with the ground level and therefore no changes in the contours are proposed and mitigates the coastal erosion risk.


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Coastal Hazard Overlay Code - Section 8.2.1 Overall Outcomes - Coastal Hazard Overlay


infrastructure or impacts on natural riverine and coastal processes or flood warning times;

ii. reconfiguring a lot for boundary realignment only occurs if the tolerable risk of coastal hazard to people, property and infrastructure located on the premises and other premises is not increased and where practicable the tolerable risk of coastal hazard for future occupants is mitigated;

iii. reconfiguring a lot for creating lots by subdividing another lot is only for the purposes of Park or Permanent plantation unless all resultant lots provide the required minimum lot size outside the Erosion Prone Area;

iv. building work complies with the flood planning level, engineering design and resilient materials requirements;

v. earthworks are avoided as far as practicable and are only for the purpose of mitigating the coastal hazard or where associated with a previous approval;

N/A

N/A

N/A

Y

Earthworks will only be required for the installation of piers for the elevated platform and foundation for the pole, which will have no adverse impact on the coastal erosion risk as these disturbed areas will be stabilised upon completion of works.

b. Development in the High risk storm tide inundation area included in the Limited development zone avoids the extremely unacceptable intolerable risk of the coastal hazard by ensuring that: i. a material change of use is only

for the following uses if the intolerable risk of coastal hazard to people, property and infrastructure located on the premises and other premises is avoided: A. Outdoor sport and

recreation; or B. Park; or C. Permanent plantation; or D. Cropping (where involving

forestry for wood production);

ii. reconfiguring a lot for boundary realignment only occurs if the intolerable risk of coastal hazard to people, property and

N/A The facility is not sited within the mapped High Risk Storm tide area or included within the limited development zone.


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infrastructure located on the premises and other premises is not increased and where practicable the intolerable risk of coastal hazard for future occupants is mitigated;

iii. reconfiguring a lot for creating lots by subdividing another lot is only for the purposes of Park or Permanent plantation or ensures that lots have sufficient area outside of the zone for development consistent in the adjoining zone and precinct;

iv. building work is less than 50m2 in area and associated with a use in paragraph (i);

v. earthworks do not occur except where associated with a previous approval.

c. Development in the High risk storm tide inundation area not included in the Limited development zone, avoids the unacceptable intolerable risk of the coastal hazard by ensuring that: i. a material change of use is only

for the following uses if consistent with the overall outcomes of the applicable zone and precinct and the intolerable risk of coastal hazard to people, property and infrastructure located on the premises and other premises is avoided: A. Dwelling house; or B. Outdoor sport and

recreation; or C. Park; or D. Permanent plantation; or E. Cropping (where involving

forestry for wood production); or

F. Tourist park; or G. Home based business;

ii. reconfiguring a lot for boundary realignment only occurs if the intolerable risk of coastal hazard to people, property and infrastructure located on the premises and other premises is not increased and where practicable the intolerable risk of

N/A The facility is not sited within the mapped High Risk Storm tide area.


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coastal hazard for future occupants is mitigated;

iii. reconfiguring a lot for creating lots by subdividing another lot is only for the following: A. if in the Rural zone, where

consistent with the overall outcomes of the applicable zone and precinct; or

B. if in the Rural residential zone , residential lots provide the required minimum lot size outside the Erosion Prone Area, High risk storm tide inundation area or Medium risk storm tide inundation area of the Coastal planning area; or

C. if in any other zone, for the purposes of Park or Permanent plantation;


v. earthworks do not occur except where associated with a previous approval.

d. Development in the Medium risk storm tide inundation area manages and mitigates the tolerable risk of the coastal hazard by ensuring that: i. a material change of use is only

for uses consistent with the overall outcomes of the applicable zone and precinct if the use is not a vulnerable land use (flood and coastal) and the risk to people, property and infrastructure located on the premises and other premises is avoided or mitigated;

ii. reconfiguring a lot for boundary realignment only occurs if the risk of coastal hazard to people, property and infrastructure located on the premises and other premises is not increased and where practicable the risk of coastal hazard for future occupants is mitigated;

iii. reconfiguring a lot for creating lots by subdividing another lot is only for the following:

Y

N/A

N/A

The existing proposed Material Change of use is for a Telecommunications Facility that is consistent with the Rural Zone Code and does not constitute a vulnerable use.


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A. in the Rural zone, where consistent with the overall outcomes of the applicable zone and precinct; or

B. in the Centre zone, Industry zone, or Recreation and open space zone, where not for the purpose of a vulnerable use (flood and coastal) and consistent with the overall outcomes of the applicable zone and precinct; or

C. in the Rural residential zone, where the minimum lot size for each rural residential lot is provided outside the High risk storm tide inundation area or Medium risk storm tide inundation area; or

D. in all other zones, where: i. all resultant lots are

located outside the High risk storm tide inundation area or Medium risk storm tide inundation area other than those for the purposes of Park or Permanent plantation; or

ii. for a lot on a building format plan under the Land Title Act 1994 which is subject to a community titles scheme under the Body Corporate and Community Management Act 1997 and is associated with a material of use.


v. earthworks only occur if: A. in the General residential

zone, Centre zone, Community facilities zone, Recreation and open space zone, Industry zone, Township zone or Emerging community zone;

B. filling raises the ground level to as a minimum the Year

N/A

Y

Earthworks are required only for the installation of piers for the elevated platform and foundation for the pole, which will have no adverse impact on the coastal erosion risk as these disturbed areas will be stabilised upon completion of works.


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2100 Highest Astronomical Tide level;

C. there are no adverse local drainage impacts, flooding and coastal impacts on other premises, public land, watercourses, roads or infrastructure or impacts on natural riverine and coastal processes or flood warning times.

e. Development in the Balance coastal planning area manages and mitigates the tolerable risk of the coastal hazard by ensuring that: i. a material change of use is only

for uses consistent with the overall outcomes of the applicable zone and precinct if the risk to people, property and infrastructure located on the premises and other premises is avoided or mitigated;

ii. reconfiguring a lot is consistent with the overall outcomes of the applicable zone and precinct;

iii. building work complies with the flood planning level and resilient material requirements;

iv. earthworks only occur if: A. in the General residential

zone, Centre zone, Community facilities zone, Recreation and open space zone, Industry zone, Township zone or Emerging community zone;

B. filling raises the ground level to as a minimum the Defined flood event;

C. there are no adverse local drainage impacts, flooding and coastal impacts on other premises, public land, watercourses, roads or infrastructure or impacts on natural riverine and coastal processes or flood warning times.

N/A The site is not mapped within the balance area.

f. Development in the Coastal planning area:

Y


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i. supports and does not unduly burden the disaster management response and recovery capacity and capabilities during and after a significant coastal hazard event;

ii. provides for efficient evacuation of on-site persons and facilitates direct and simple access for evacuation personnel and resources during a coastal hazard event, while ensuring development does not hinder or place additional complexities upon evacuation activities for other premises;

iii. avoids isolation of persons during a coastal hazard event up to and including the Defined Flood Event;

iv. adopts siting, built form, layout, and access (including evacuation access) arrangements that respond to the risk of the coastal hazard and minimise risk to personal safety in all coastal hazard events up to and including the Defined Flood Event;

v. is resilient to a coastal hazard event by ensuring the siting and design of development accounts for the potential risks to property associated with the coastal hazard event;

vi. directly, indirectly and

cumulatively avoids an increase in the severity of a coastal hazard event and potential for damage on the premises or to other premises;

vii. involving essential community

infrastructure remains functional

Y

Y

Y

Y

Y

Y

The proposal does not obstruct the current evacuation methods of the site or surrounding area. The development does not hinder any evacuation activity. The proposal does not increase the number of persons living within the area. There are no adverse local drainage impacts, flooding and coastal impacts on other premises, public land, watercourses, roads or infrastructure or impacts on natural riverine and coastal processes or flood warning times given the proposal is for the construction of a telecommunications facility on an elevated platform. The components of the facility are elevated to the defined flood level with materials of high water resistance to be utilised. Therefore, the facility is able to remain functional during and after a coastal hazard event. The facility will be constructed from materials of high water resistance to ensure it remains functional during and after a coastal hazard event. The facility does not rely upon services other than electricity. The facility is in proximity to the existing electricity supply and minimal disruption to the existing service is likely. The siting of the facility is within an existing cleared area and can be accessed up to and immediately after being subject to a coastal hazard event.


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during and immediately after a coastal hazard event up to and including the Defined Flood Event;

viii. ensures that essential building

services or services essential for the development are designed, located and operated to minimise the risk of the coastal hazard to people, damage to property, disruption to building function and the re-establishment time after a coastal hazard event;

ix. avoids the accidental release of hazardous materials as a result of a coastal hazard event;

x. maintains natural processes and the protective function of landforms and vegetation;

xi. does not impact adversely on the ability for future coastal hazard mitigation measures to be implemented on other premises.

Y

N/A

Y

Y

The facility location does not impact the carrying out of future coastal hazard mitigation measures.

Based on the assessment above, the proposal is consistent with the Overall Outcomes of the codes.

2.4.5 Non Standard Conditions

None applicable. 2.5 Other Relevant Assessment

2.5.1 Infrastructure Charges

2.5.1.1 Trunk Infrastructure

In accordance with section 4 of the Moreton Bay Regional Council Planning Scheme, the subject site is not located in the identified Priority Infrastructure Area. Infrastructure charges applying to the land, where applicable, are to be applied in accordance the Council’s Infrastructure Charges Resolution No. 5 commencing on 1 September 2016 (ICR).

2.5.1.2 Levied Charge

In accordance with section 7 of the ICR, a Levied Charge is not applicable for Council’s Trunk Infrastructure Networks as the development proposal is Exempt.


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A Telecommunications Facility is classified as a Minor Use in accordance with the ICR 5. In accordance with the ICR 5, a Minor use has a nil charge. As such, an Infrastructure Charges Notice will not be issued with any development approval.

2.5.1.2.1 Levied Charge Credit

As no charge is applicable, no credit will be applied.

2.5.1.2.2 Levied Charge Offset or Refund

The sited is not affected by a Trunk Infrastructure requirement and therefore there is no offset or refund applicable to the development proposal.

2.5.1.2.3 Additional Trunk Infrastructure Costs

In accordance with section 650 of the Sustainable Planning Act 2009, an additional payment condition may be imposed if the proposed development; (a) generates infrastructure demand of more than what is required to service the

type or scale of the development assumed in the ICR, or (b) requires new trunk infrastructure earlier than when identified in the ICR; or (c) is located completely or partly outside the Priority Infrastructure Area and the development will impose additional trunk infrastructure costs on Council after taking into account the levied charge and any trunk infrastructure provided, or to be provided by the development. In this instance, having assessed the proposed development, it does not warrant the imposition of an additional payment condition.

2.5.2 Planning Scheme Policies

Applicable Policy Requirement Comment Integrated Design - Appendix C (Stormwater Management)

Standards for stormwater management system construction.

There will be minimal impacts to stormwater discharge and surrounding properties given the proposal is for a telecommunications tower and raised platform. Therefore, the proposal is considered to comply with the requirements for stormwater management.

Flood hazard, Coastal hazard and Overland flow

Flood requirements (Medium Risk)

The proposal is to allow the construction of a 41m monopole and raised equipment cabinet with minor earthworks to construct footings and foundations, which will be consistent with the existing ground level and ameliorate any disturbed earth. Therefore there will be no adverse impacts on water flow velocity or level, erosion, scour or flood damage or flood inundation of surrounding properties and flood storage capacity. A structural engineering design report is not considered to be necessary.


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2.5.3 Conflict with Laws and Policies

Not applicable in this instance.

2.5.4 Recording of particular approvals on the Moreton Bay Regional Council Planning Scheme

Not applicable in this instance.

2.6 Referrals

2.6.1 Concurrence Agencies

- Department of Infrastructure, Local Government and Planning

The application was referred to the Department of Infrastructure, Local Government and Planning (DLGP). Council was advised on 10 November 2016 by the DLGP that there were no objections to the proposal subject to a number of conditions, which will be attached to Council’s decision notice. The department issued an amended concurrency agency response on the 22 March 2017.

2.6.2 Advice Agencies

There were no Advice Agencies involved in assessing this application.

2.6.3 Third Party Agencies

There were no Third Party Agencies involved in assessing this application.

2.6.4 Internal Referral

2.6.4.1 Development Engineering Service Vehicles Schedule 8 of the MBRC Planning Scheme specifies that the service vehicle requirements for a Telecommunications Facility is a Heavy Rigid Vehicle (HRV).The proposal has not provided for the use of a HRV, as the applicant has advised that the maximum size of the vehicle used to maintain the facility will be a 4WD or utility vehicle with a canopy. Development Engineering considers that the proposed service vehicle is suitable for the proposed facility given that it is to function as an unmanned facility, infrequent maintenance (approximately 3-4 times per year) is necessary by smaller service vehicles, and adequate access and manoeuvring area is available on site and is not in conflict with the overall outcomes of the Rural zone. Acid Sulfate Soils Overlay The site is included within the Acid Sulfate Soils (ASS) overlay, which identifies the site as being at or below 5m AHD. The existing contours indicate that the proposed facility location is approximately 1.5m AHD and the proposed excavation works exceed 100m3 of soil required for the installation of the foundation of the pole. Notwithstanding this, Development Engineering considers that an investigation report is not required as part of the supporting documentation given that the works are solely for the foundation of the pole and any adverse effects from disturbing potential ASS can be adequately mitigated at the time of construction. The recommendations of this report include a condition regarding ASS investigation and management.


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Flood hazard overlay The proposed telecommunications facility is located within the Medium Risk flood hazard area in the Flood Hazard Overlay Code. The defined flood level for the specific facility location is 3.1m AHD. A Flood Planning Level is not applicable for the platform on which the infrastructure is proposed to be built. The existing ground level is approximately 1.5m AHD. The applicant advises that the platform housing the cabinet will be elevated 1.5m above the ground level. A condition has been recommended that requires the equipment cabinet to be above the defined flood event level. Given the infrastructure proposed (pole and elevated platform on piers), that no filling is required, the materials utilised for construction will be of high water resistance, and that upon completion of the foundation works disturbance to the area will be alleviated, Development Engineering considers that there will be minimal impacts on the water flow velocity or level, potential for erosion, scour or flood damage and any adverse impacts on drainage or flood storage capacity, and the development will be resilient to a coastal hazard event. Therefore, it is considered that the proposal complies with the Flood Hazard Overlay Code. Coastal hazard overlay The proposed telecommunications facility is located in the Erosion Prone Area and Medium Risk Storm Tide Inundation Area in the Coastal Hazard overlay. The applicant advises that no filling is proposed as part of the facility construction and therefore complies with the requirements of Table 8.2.1.4 ‘Fill requirements’, which states that no filling is permitted for land in the Erosion Prone Area. Subsequently compliance with PO24 is achieved. In addition, PO28 requires that development involving community infrastructure is not located in the Erosion Prone Area. Community infrastructure is defined in the MBRC Planning Scheme as a use that provides essential services vital to the wellbeing of the community, including communication network facilities. Notwithstanding non-compliance with PO28, Development Engineering considers that the proposed telecommunications facility achieves compliance with the overall outcomes as per the discussions in section 2.4.4 above. Subsequently, from an engineering perspective the proposed telecommunications facility is generally acceptable. 2.6.4.2 Environmental Planning Vegetation Management The proposed telecommunications facility is to be located in an area mapped under the Environmental Areas overlay as a Matter of State Significance and the Riparian and Wetland Setback overlay. The common material submitted with the application has identified that the proposed telecommunications facility will require a 40m2 cleared area. The area of the site that is proposed to be developed with the telecommunications facility appears largely cleared and would be the preferred location for the development subject to the Applicant submitting a detailed Vegetation Management Plan (prepared in accordance with Planning Scheme Policies Environmental areas and corridors policy) that identified trees to be removed and those to be retained. Compensatory replanting would also be requested on site to ensure the quality and integrity of the biodiversity and ecological values is not lost or degraded. Any removal of habitat trees will require replacement hollows in the form of nest boxes. The recommendations of this report include conditions to address the above.


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2.6.5 Other Matters

Further Approvals A building approval will be required for the erection of the monopole and associated footings. EME Report An Environmental Electromagnetic Energy (EME) Report was provided with the development application. This report demonstrates the maximum EME level calculated for the proposed systems at the site is 0.08% of the public exposure limit. This estimate is based on a worst-case scenario and in practice, exposures are usually lower due to factors such as location of buildings, trees and or features of the environment. The maximum EME levels are estimated in 360゜circular bands out to 500 metres from the base station. The nearest residence to the proposed facility is approximately 100 metres away. At a distance of 100 metres to 200 metres from the proposed facility, the estimated EME level is 0.04% of the public exposure limit. The EME report also details the estimated EME levels at the surrounding residences. These range from 0.0045% to 0.02% of the Public Exposure Limit. The EME report demonstrates the proposed facility will be operating within the allowable parameters in accordance with current practice guidelines. 2.7 Public Consultation 2.7.1 Public Notification Requirements under the Sustainable Planning Act 2009.

(a) Public Notification was served on all adjoining landowners on 20 October 2016. (b) The development application was advertised in the Caboolture News 26 October 2016. (c) A notice in the prescribed form was posted on the relevant land on 26 October 2016 and

maintained for a period of 15 business days until 10 December 2016. 2.7.2 Submissions Received

Council received the following types of submissions in respect to this development application.

Type Number of Signatures

Number of Submissions

Properly Made Letter, Email, Fax One (1) Petition 0 0 Not Properly Made Letter, Email, Fax 0 Petition 0 0

Total One (1) The matters raised within the submission are outlined below:

Issue - • Proximity of the proposed facility to surrounding residential uses and potential

effect on residents health • Requested that the facility be relocated to a site that is further away from people’s

homes Discussion


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The development application package included a report that provided a summary of the Calculated Radiofrequency Electromagnetic Energy (EME) levels around the location of the proposed wireless base station. The report (dated 23 June 2016) details how the levels have been calculated using the methodology set out by the Australian Radiation Protection and Nuclear Safety Agency (ARPANSA). Maximum EME levels are estimated in 360° circular bands out to 500m from the base station. The maximum calculated EME level for the proposed systems at the site is 0.08% of the public exposure limit. It is noted that the ARPANSA Standard public exposure limit is 100.0%. Even at other areas of interest (nearby residences), the maximum EME levels have been found to be no more than 0.02% of the public exposure limit:

The EME report demonstrates the proposed facility will be operating within the allowable parameters in accordance with current practice guidelines. In response to Council’s Information Request, the applicant has provided further justification demonstrating that the proposed locating on the site is the only location that is both suitable and supported by the landowners. This is not sufficient grounds for refusal of the application.

2.7.3 Notice of Compliance The Notice of Compliance was received by Council on 12 December 2016. The Notice of Compliance identifies that public notification requirements for the application were correctly undertaken in accordance with the Sustainable Planning Act 2009.

3. Strategic Implications

3.1 Legislative/Legal Implications The applicant and submitters have appeal rights in accordance with the Sustainable Planning Act 2009.

3.2 Corporate Plan / Operational Plan

Creating Opportunities: Well-planned growth - a sustainable and well-planned community. 3.3 Policy Implications

The proposal is generally consistent with the MBRC planning provisions and relevant policies.

3.4 Risk Management Implications Not applicable.


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3.5 Delegated Authority Implications Not applicable.

3.6 Financial Implications

a) In the event that an appeal is made to the Planning & Environment court against Council’s decision, the Council will incur additional costs in defending its position.

3.7 Economic Benefit

Not applicable.

3.8 Environmental Implications Not applicable.

3.9 Social Implications

Not applicable. 3.10 Consultation / Communication

Refer to clause 2.7.


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SUPPORTING INFORMATION Ref: A14828163 The following list of supporting information is provided for: ITEM 2.1 DA/32200/2016/V2U - MATERIAL CHANGE OF USE - DEVELOPMENT PERMIT FOR TELECOMMUNICATIONS FACILITY - 1833 PUMICESTONE ROAD, TOORBUL DIVISION 1 #1 Locality Plan #2 Zoning Map #3 Proposed Plan #4 Photomontage Renders #5 Perspective Render #6 Referral Agency Response #7 Submissions


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Moreton Bay Regional Council ITEM 2.1 - DA/32200/2016/V2U - MATERIAL CHANGE OF USE - DEVELOPMENT PERMIT FOR TELECOMMUNICATIONS FACILITY - 1833 PUMICESTONE ROAD, TOORBUL - DIVISION 1

#1 Locality Plan


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#2 Zoning Map


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#3 Proposed Plan


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#4 Photomontage Renders

View looking west towards proposed facility from Delisser Avenue (separation distance of approximately 235 m)


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View looking south towards proposed facility from Freeman Road (separation distance of approximately 205 m)


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#5 Perspective Render


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Photograph Locations

Figure 9 – View looking west towards proposed facility from Marxsen Street (separation distance of approximately 390 m)


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Figure 10 – View looking west towards proposed facility from Esplanade (separation distance of approximately 590 m)


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Figure 11 – View looking north-west towards proposed facility from Karissma Road (separation distance of approximately 430 m)


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Figure 12 – View looking south-east towards proposed facility from Pumicestone Road (separation distance of approximately 375 m)


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Figure 13 – View looking south-west towards proposed facility from Third Avenue (separation distance of approximately 275 m


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Moreton Bay Regional Council ITEM 2.1 - DA/32200/2016/V2U - MATERIAL CHANGE OF USE - DEVELOPMENT PERMIT FOR TELECOMMUNICATIONS FACILITY - 1833 PUMICESTONE ROAD, TOORBUL - DIVISION 1 (Cont.)

#6 Referral Agency Response


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#7 Submissions


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ITEM 2.2 DA/31204/2015/V2L - REQUEST FOR A NEGOTIATED DECISION - MATERIAL CHANGE OF USE - DEVELOPMENT PERMIT FOR PLACE OF WORSHIP - LOCATED AT 43 RUATOKA COURT, BURPENGARY - DIVISION 2 APPLICANT: Mr Charles Lambalika OWNER: Mr Charles Lambalika and Mrs Nicole Lambalika Meeting / Session: 2 PLANNING & DEVELOPMENT Reference: A14841156 : 17 February 2017 – Refer Supporting Information A14841179 Responsible Officer: DR, Development Planner (PED Development Planning) Executive Summary

Applicable Planning Scheme Caboolture ShirePlan (now Superseded Planning Scheme) Applicable Legislation Sustainable Planning Act 2009 Applicant Mr Charles Lambalika Owner(s) Mr Charles Lambalika and Mrs Nicole Lambalika Site Address 43 Ruatoka Court, Burpengary Property Description Lot 1 RP198017 Area 8960m2 Proposal Request for a Negotiated Decision - Material Change of

Use - Development Permit for a Place of Worship Proposal Plans Refer to proposal plan in Appendices of this report Assessment Level Impact Assessable Requested Approvals Development Permit - Material Change of Use - Negotiated

Decision Consistent / Inconsistent proposal

Consistent

Request for Negotiated Decision Notice Received

30 January 2017

Request relates to Conditions 2, 3(a), 4(a), 4(c), 7, 17(a) and 19

The applicant is seeking a Negotiated Decision for a Material Change of Use - Development Permit for a Place of Worship at 43 Ruatoka Court, Burpengary, on land described as Lot 1 RP198017. The applicant is requesting amendments to the following conditions:

• Condition 2 requiring amendments to the plan; • Condition 3(a) limiting the development to a maximum of 80 people on site (this includes visitors,

staff and volunteers); • Condition 4(a) & (c) relating to hours of operation; • Condition 7 relating to the provision of screen fencing; In addition, as a result of amendments to

Condition 7, Council Officers recommend amendments to Condition 6 relating to landscaping; • Condition 17(a) relating to upgrading the existing on-site wastewater management system; and • Condition 19 relating to road upgrades to Ruatoka Court.

The original development was approved by Council at the Coordination Committee Meeting on 13 December 2016. Given the original application was determined by Council and the applicant is seeking amendments to conditions specifically imposed by Council, this request for a negotiated decision is brought back to Council for a determination. The Request for a Negotiated Decision does not otherwise alter the extent of the development to significantly change potential impacts upon the local area. The development remains generally consistent with the original approval.


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Moreton Bay Regional Council ITEM 2.2 DA/31204/2015/V2L - REQUEST FOR A NEGOTIATED DECISION - MATERIAL CHANGE OF USE - DEVELOPMENT PERMIT FOR PLACE OF WORSHIP - LOCATED AT 43 RUATOKA COURT, BURPENGARY - DIVISION 2 - A14841156 (Cont.)

The request was lodged with Council on 30 January 2017 and was made within the applicant’s appeal period. This application has been assessed in accordance with the Sustainable Planning Act 2009 provisions relating to applicant negotiations. The representations made by the applicant have been assessed and it is considered that the conditions listed be partly accepted subject to the recommendations detailed below. OFFICER’S RECOMMENDATION A. That Council, in accordance with the Sustainable Planning Act 2009, approves in part the applicant’s

request for a Negotiated Decision request for a Material Change of Use - Development Permit for a Place of Worship at 43 Ruatoka Court, Burpengary, described as Lot 1 RP198017, subject to the following:

B. That the list of approved and amended plans be updated as follows:

Approved Plans and Documents Plan / Document Name Reference Number Prepared By Dated Floor Plan 16/371 GB Building Design FEB 2017 Front and Side Elevation 16/372 GB Building Design FEB 2017 Rear and Side Elevation 16/373 GB Building Design FEB 2017

Plans to be Amended Plan / Document Name Reference Number Prepared By Dated Site Plan 16/374 GB Building Design FEB 2017

C. That the following conditions be amended:

(i) That Condition 2 (a) be amended to read as:

2. Amended Plan Required

(a) Submit an amended Site Plan incorporating the following:

(i) Remove all references to the “New 1800 H Screen Fence”.

(b) Obtain approval from Council for the amended Site Plan in

accordance with (a) above. (c) Implement the requirements and recommendations of the

approved plan(s). The approved amended plan(s) will form part of the approval.

(a) & (b) Within 3 months of the development approval taking effect. (c) Within 3 months of the development approval taking effect and to be maintained at all times.

(ii) That Condition 3a be amended to read as:

3. Approved Use - Place of Worship

(a) Ensure the use of the land as a Place of Worship is limited to a

maximum of 125 people on site at any one time (including visitors, staff and volunteers).

At all times.


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(b) Ensure all events and organised gatherings are carried out inside the Worship hall and not on the curtilage of the site. To remove any doubt, this does not include meeting outside the worship hall before or after a worship services or other event.

(iii) That Condition 4 be amended to read as:

4. Operational restrictions - Hours of Operation

Ensure:

(a) Services, bible study and meeting group activities are conducted only within the Worship hall.

(b) Services are only conducted on Sundays between the hours of 9.00am and 2pm. This timing includes congregation arrival and departure times.

(c) Not-withstanding condition 4(b) above the following additional services are permitted:

i. Good Friday. This service including congregation arrival and departure times is to be conducted over a maximum 2 hour period.

ii. Christmas day. This service including congregation arrival and departure times is to be conducted between the hours of 8am and 10am only.

(d) Notwithstanding condition 4(b) above a maximum of six (6), in total, other services are permitted each calendar year. The term “other services” means wedding or funerals. These are to be conducted with the following restrictions:

i. All services are to last for a maximum of 2 hours including congregation arrival and departure times.

ii. All services are to occur only during the hours of 9am and 2 pm.

iii. For a wedding service Council is to be provided with written notice of the time and date of the service. This is to be provided a minimum of 2 weeks prior to the service occurring.

iv. For a funeral service Council is to be provided with written notice of the time and date of the service. This is to be provided a minimum 24 hours prior to the service occurring.

(e) The office operates only between the hours of 9.00am and 5.00pm, Monday to Friday.

(f) Bible study/meeting group activities only occur between 4.00pm and 9.00pm on Fridays.

(a)-(f) To be maintained at all times.


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(iv) That Condition 6 be amended to read as:

6. Landscaping Plan Required

(a) Provide a landscape plan, prepared by a suitably qualified and

experienced person that is generally in accordance with the Landscaping Code and Planning Scheme Policy 14 of the ShirePlan. The landscaping plan is to be submitted to and approved by Council and is to include the following:

(i) Include all existing mature vegetation to be retained

around the proposed Worship Hall and associated toilets and storage shed;

(ii) A minimum 5.0m wide dense landscape buffer to the eastern, northern and southern sides of the proposed car park. The dense landscape buffer is to include: (1) The use of evergreen plant species able to

achieve a visual screen with plants used capable of achieving a minimum height of 3.0m at maturity. The plants are to be at least 1.5m in height at the time of planting.

(2) Plantings having a maximum distance between tree centres of 3.0 metres;

(3) In addition to and between the trees, provide shrubs and ground covers in a 3 tiered effect in combination with the tree planting to assist in delivering a solid vegetated screen;

(b) Provide certification from a suitably qualified person that the

landscaping has been implemented in accordance with (a) above.

(c) Maintain the landscaping shown on the approved landscape

plan.

(a) Within 3 months

of the development approval taking effect.

(b) Within 3 months


(c) At all times.

(v) That Condition 7 be amended to read as:

7. Delineate Car Park

Construct bollards or similar devices along the northern, eastern and southern sides of the proposed carpark, setback 5.0 metres from the northern and eastern property boundaries. Note: The bollards/devices are required to ensure delineation between the car park and landscape buffer, and to ensure vehicles do not encroach onto the vegetated landscape buffers.

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(vi) That Condition 17 be amended to read as:

17. DE76 On-site Wastewater Management - Report Required

Carry out a Site-and-Soil Evaluation for this development in accordance with the AS/NZS 1547:2000 - On-site domestic-wastewater management and the Queensland Plumbing and Wastewater Code, and provide the report to Council and have the report approved. The report must include an assessment of the on-site wastewater system for any existing dwellings on the subject land and include recommendations for rectification of the existing system/s to meet standards current at the time the system was installed. Upgrade the existing on-site waste water management system serving the existing dwelling in accordance with the recommendations of the approved report. Note: Any relocation/modification of the existing wastewater treatment unit or land application system will require a plumbing approval prior to the commencement of work. The Holding tanks installation are to strictly comply with requirements stated in Council’s ‘Fact sheet for Holding Tanks where on-site effluent disposal is not possible.’ Bear all costs associated with the site investigations, plumbing approval, installation, licensing and maintenance of the on-site system. Provide a copy of the plumbing Compliance Certificate upon completion of the works required above and a copy of the Holding Tanks operational permit.

Within 3 months of the development approval taking effect.

(vii) That Condition 19 be amended as follows:

19. DE403 Council Roads – Design & Construction

(a) Design and construct at no cost to Council, all roads (and

associated works) giving access to the development from a Major Road (Old Gympie Road) in accordance with Council’s design standards and relevant planning scheme code current at the time of development.

(b) Design and construct the following external roads in

accordance with the following classification as identified in the relevant planning scheme codes:

Road Name Classification Ruatoka Court (Along the frontages of Lot 6 on SP254776 to Lot 2 on SP182543)

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The minimum road carriageway requirements are: (i) Minimum sealed width in the order of 5.5 metres; (ii) All other associated works to Council standards.

Note: The current design standards and relevant Planning Scheme codes are: 1. Planning Scheme Policy 4; 2. General Works Code; and 3. Stormwater Code. This condition has been imposed under section 665 of the Sustainable Planning Act 2009.

D. That all other conditions remain unchanged.


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REPORT DETAIL 1. Background The application was originally lodged by the applicant on 24 December 2015 to address a Show cause notice issued over the site. At its meeting of 13 December 2016, the proposal was approved by Council with conditions. The applicant appeal period commenced on 14 December 2016. A letter suspending the applicant’s appeal period was received on 9 January 2017 and final representations regarding the decision notice was received by Council on 30 January 2017. Representations were made within the statutory timeframe, in accordance with the Sustainable Planning Act 2009 and a subsequent negotiated decision meeting was held between Council officers and the applicant on 24 March 2017. 2. Explanation of Item 2.1 Local Planning Instrument Assessment All matters relating to the development’s compliance with the applicable provisions of the Planning Scheme were addressed as part of the previous assessment for the Development Permit. Approved plans, conditions and advices part of the original application not the subject of or resulting from this negotiation will remain unchanged. 2.2 Assessment of Request

2.2.1 Applicant Representations The applicant has applied for a Negotiated Decision Notice in accordance with the Sustainable Planning Act, 2009. The applicant has made representations to change the approved plans and conditions as follows:

• Increasing the maximum number of people on site from 80 to 125 people; • Amending the worship service days and hours to allow for Christian events (ie.Good Friday,

Christmas Day and weddings and funerals); • Amending the worship service hours from 9am-11am to 9am-2pm (including congregation

arrivals and departures); • Amending Friday’s bible study/ meeting group activities from 6-9pm to occur between 4-

9:00pm; • Amendments to screen fencing of the carpark area; • Retaining the existing wastewater management system servicing the existing dwelling; • Amendments to the condition requiring upgrades to Ruatoka Court.

2.2.2 Proposed Negotiated Conditions CONDITION 2:


(a) Submit an amended Site Plan incorporating the following:

(ii) Provide a minimum setback of 5.0m from the eastern property boundary to all car parking spaces (whilst maintaining a minimum car park aisle width of 6.0 metres) to allow for the establishment of a landscape

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buffer to screen the car park area from the adjoining land; and

(iii) Provide a minimum setback of 5.0m from the Ruatoka Court road frontage to all car parking spaces to allow for the establishment of a landscape buffer to screen the car park area from Ruatoka Court; and

(iv) Clearly delineate on the plan a minimum 5.0m wide landscape buffer along the northern, eastern and southern sides of the proposed carpark area.

(b) Obtain approval from Council for the amended Site Plan in


approved plan(s). The approved amended plan(s) will form part of the approval.

(c) Within 3 months of the development approval taking effect and to be maintained at all times.

Applicant Representations: An amended plan has been lodged to comply with Condition 2a of the development permit. Development Planning Comment: The applicant has provided the relevant dimensions to the site plan to address Condition 2(a) and clearly denote the 5.0m deep landscape buffer to the east, north and south sides of the carpark. However, the new site plan shows 1.8m high fencing around the carpark (north, south and east sides). After further discussions with Council’s engineer, there are concerns that the proposed fencing may impede flood waters. The flood waters can exceed 1.0m in depth at the location of the fence. As such, it is recommended the fencing be removed from the site plan. In addition, Condition 7 will be amended to no longer require this fencing, but instead require bollards or a similar device to demark the carpark area. Development Planning recommends that the condition be amended. CONDITION 3a:

3. Approved Use - Place of Worship

(a) Ensure the use of the land as a Place of Worship is limited to a

maximum of 80 people on site at any one time (including visitors, staff and volunteers).

(b) Ensure all events and organised gatherings are carried out inside the Worship hall and not on the curtilage of the site. To remove any doubt, this does not include meeting outside the worship hall before or after a worship services or other event.

At all times.

Applicant Representations: The Maximum number of 80 people on site at any one time (including visitors, staff and volunteers) is too restrictive to accommodate both current and future activities of the congregation. For instance, our regular weekly church attendance is between 80 and 90 people. If we have a baby christening or baptism service, family and friends tend to visit in support of their beloved ones. I fear we are more likely to experience a blow out on these special events.


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May I request that the restriction on 3(a) reflects MBRC own rules on 5(a) which states that there should be 1 car for every 5 people. 5(a) requires the church to provide a minimum of 25 car parking spaces onsite. 25 car park spaces multiplied by 5 people per car gives us a total of 125 people. Respectively can we please have 125 people as maximum number of people on site at any one time including visitors, staff and volunteers? Environmental Health Comment: An amended acoustic report has demonstrated that the increase of 45 people to the site, from 80 people to 125 people, will not increase the acoustic impacts beyond the established noise limits. It should be noted that condition 8 requiring the applicant to lodge a noise management plan and condition 4 restricting operational restrictions of activities and functions ensures acoustic impacts are managed appropriately. Environmental Health recommends that the condition be amended. Development Planning In addition, the increase in the number of people will not necessitate additional on-site parking to be provided. In accordance with the Caboolture ShirePlan, the Traffic, Access and Parking Code requires one (1) car space for every five (5) seats for a Place of Worship. The proposal for 125 people will require twenty-five (25) on site car spaces. The proposal plan shows the opportunity for twenty-nine (29) spaces within the designated area. Further, the approval includes a condition requiring a minimum of twenty-five (25) spaces in accordance with the Planning Scheme. CONDITION 4a and 4c:

4. Operational restrictions - hours of operation

Ensure: (a) Services are conducted only within the Worship hall and on

Sundays only between the hours of 9.00am and 11.00am. (b) The office operates only between the hours of 9.00am and

5.00pm, Monday to Friday. (c) Bible study/meeting group activities only occur between

6.00pm and 9.00pm on Fridays.

To be maintained at all times.

Applicant Representations: The stipulated worship time frame is not sufficient to allow for regular services and other special Christian events such as Christmas, Easter, baby christenings, baptisms, weddings and occasional funerals. For example, this year Christmas will be on a Monday. We will require some sort of flexibility that would enable the church to hold a Christmas service or Easter and other special services. May I request that the services be held within the worship hall on Sundays and any given day for special services only between 9am and 3pm? For condition 4 (c), can we make this 4pm to 9pm to allow for a youth group from 4pm to 6pm and bible study/meetings group activities from 6pm to 9pm?


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Environmental Health Comment: At the negotiated decision meeting with the applicant on 24 March 2017, the applicant represented that for Sunday service people arrive from 9am for a service that commences at 10am. The service runs to approximately 1pm. The participants can take up to 2 hours to disperse. It should be noted that this information was not previously provided to Council. Council Officers do not agree that it should take 2 hours to disperse. Rather than the requested finish time of 3pm it is recommended that the service time and departure of people be completed by 2pm. The applicant represented that there would be a maximum 6 wedding or funerals services conducted per year and these only last for 2 hours including congregation movements on and off the site. Council officers have recommended Council agree to this change on the basis that Council would be given notification of pending services. It was agreed that 2 weeks’ notice would be appropriate for wedding and 24 hours for funerals. This will enable Council to monitor the number of weddings and funerals each year. The applicant represented that the only additional services required would be Good Friday, Easter Sunday and Christmas day. It was agreed that Easter Sunday service could be incorporated into the existing permitted Sunday services. It was agreed Good Friday service would be permitted with restrictions. It was agreed Christmas day service would be permitted with restrictions. Environmental Health recommends that the condition be amended. CONDITIONS 6 AND 7:

6. Landscaping Plan Required

(a) Provide a landscape plan, prepared by a suitably qualified and

experienced person that is generally in accordance with the Landscaping Code and Planning Scheme Policy 14 of the ShirePlan. The landscaping plan is to be submitted to and approved by Council and is to include the following:

(i) Include all existing mature vegetation to be retained

around the proposed Worship Hall and associated toilets and storage shed;

(ii) The details of fencing required by other conditions of this development approval; and

(iii) A minimum 5.0m wide landscape buffer to the eastern, northern and southern boundaries of the proposed car park. The landscape buffer is to include; (1) The use of evergreen plant species able to achieve

a visual screen with plants used capable of achieving a minimum height of 3.0m at maturity;

(2) Plantings having a maximum distance between tree centres of 3.0 metres;

(3) In addition to and between the trees, provide shrubs and ground covers in a 3 tiered effect in combination with the tree planting to assist in delivering a solid vegetated screen;

(b) Provide certification from a suitably qualified person that the

landscaping has been implemented in accordance with (a) above.

(a) Within 3 months


(b) Within 3 months

of the


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(c) Maintain the landscaping shown on the approved landscape

plan.

development approval taking effect.

(c) At all times.

7. Screen Fencing

Construct a screen fence along the eastern and southern boundaries of the site adjacent to the proposed carpark, setback 5.0 metres from the property boundary. The screen fence is to be 1.8 metres in height and constructed of treated timber and not extend closer than 5.0 metres to the road frontage.

Within 3 months of the development approval taking effect and to be maintained at all times.

Applicant Representations: Can we have the screen fencing constructed on the boundary line both along the eastern and southern boundaries? This will allow for easy access to the vegetation strip as per condition 6 for watering and general plant care. Development Planning Comment: Further discussion between the applicant and Council Officers has occurred in relation to the proposed screen fencing around the carpark. The applicant contends that the fencing would be better located on the site boundary rather than set in 5.0m. However, there are concerns that any fencing, either on the boundary or set in 5.0m, could potentially be impacted by stormwater flows in a flood event. However, such fencing would help screen the visual impact of people and cars from adjoining properties. Council officers accept that requiring fencing is not appropriate given it could be damaged by flood waters and potentially displace flood waters. Therefore, it is recommended that the screen fence is replaced with bollards or similar device to ensure there is some delineation between the car park area and the landscaped vegetation buffer. In addition, the recommended bollards will enable the maintenance of the landscape buffer. It is also recommended that Condition 6 relating to landscaping is amended to make it clear that plantings are to be at least 1.5m at the time of planting to ensure that a suitable vegetated outcome is achieved quickly to assist in reducing visual impacts of the carpark to adjoining properties. Development Planning recommends that conditions 6 and 7 are amended. CONDITION 17a:

17. DEU Upgrading of the Existing On-site Wastewater Management System - Holding Tanks

(a) Upgrade the existing on-site wastewater management system

serving the existing dwelling and proposed Shed (proposed to be retained with the development) to comply with current standards and codes. The Holding tanks installation are to strictly comply with requirements stated in Council’s ‘Fact sheet for Holding Tanks where on-site effluent disposal is not possible.’

(a) Within 3 months



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Bear all costs associated with the site investigations, plumbing approval, installation, licensing and maintenance of the on-site system.

(b) Provide a copy of the plumbing Compliance Certificate upon

completion of the works required under (a) above and a copy of the Holding Tanks operational permit.

(b) Prior to

commencement of works.

Applicant Representations: Can we leave the wastewater management system serving the existing dwelling as it is, because there is no correlation between the use of the proposed place of worship and the existing dwelling. The proposed place of worship has separate toilets and its separate wastewater holding tank installed to code as indicated in the effluent report. The use of the dwelling has maintained its original purpose as a family home housing 2 adults and 3 children hence I don’t believe there is any relevance or need for upgrading the current wastewater management system at the dwelling. Development Engineering Comment: The condition requires the applicant to ensure the existing facility does not potentially contaminate and impact the proposed use. In order to consider the use, the existing facility must be in working order to provide a service to the existing house. Note the Place of Worship does not use the same facility as the house, and the facility does not need to be upgraded to accept any additional load. It is recommended that Council accept a report which identifies that the existing system is operating as designed, and undertake any works necessary to ensure it is not failing. Development Engineering recommends that the condition be amended. CONDITION 19:

19. DE403 Council Roads – Design & Construction

(a) Design and construct at no cost to Council, all roads (and

associated works) giving access to the development from a Major Road (Old Gympie Road) in accordance with Council’s design standards and relevant planning scheme code current at the time of development.

(b) Design and construct the following external roads in

accordance with the following classification as identified in the relevant planning scheme codes:

Road Name Classification Ruatoka Court (From the site access to Old Gympie Road)

Rural Residential Access

The minimum road carriageway requirements are: (i) Minimum sealed width of 6 metres; (ii) Minimum shoulder width of 1.0 metre; (iii) All other associated works to Council standards.

Note: The current design standards and relevant Planning Scheme codes are:



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1. Planning Scheme Policy 4; 2. General Works Code; and 3. Stormwater Code. This condition has been imposed under section 665 of the Sustainable Planning Act 2009.

Applicant Representations: Considering the current congregational membership and future growth restriction as per 3(a) and 4(a). This makes funding for the construction/ widening of Council road, “Ruatoka court to Old Gympie” very prohibitive. In so doing the financial burden and outlay to comply with Council’s conditions and restriction of the approved use is so disproportionate. It is too much outlay for very restricted use, if it were a business it would be hard to justify the investment for the return. At the pre-lodgement meeting, the information given was that we were only expected to do work on the Council road if the proposed development was within 100m from Old Gympie intersection, of which in this case the proposed development is over 300m from the intersection. Sighting the professional recommendations from the traffic report; ‘Capacity analysis of the intersection during the critical Sunday 12-1.00pm period, using the Sidra package, with default settings, indicates an intersection degree of saturation of 0.25, which indicates that there are no capacity concerns at the intersection. In relation to the existing 6m pavement width in Ruatoka Court, the existing peak hour volumes on a Sunday with the place of worship already operational are in the order of 40 vehicles per hour. The existing 6m pavement width is able to satisfactorily accommodate those traffic volumes without upgrading. It is concluded that the proposed place of worship at 43-49 Ruatoka Court, Burpengary does not generate a need to upgrade the existing Ruatoka Court intersection with Old Gympie Road, nor does it generate a need to upgrade the existing standard of Ruatoka Court.’ While it can be noted that some sections of Ruatoka court are about 5.5m, I don’t believe this should alter the the above quoted recommendation prepared by S A HOLLAND (RPEQ 05611) HOLLAND TRAFFIC CONSULTING PTY LTD. May I ask Council to relax condition 19 and leave Ruatoka court in its current form and standard as it is adequate for the traffic flow generated by our Church activities? Development Engineering Comment: The Caboolture Planning Scheme, General Works Code Specific Outcome SO3 states that: “The construction of the road network, and practical access to it, is of a standard that is safe, ensures efficient use in relation to the cost of construction, and is appropriate for the type and scale of this development and other future development in the catchment, including connectivity”. The Probable Solution identifies that road design and construction should be undertaken in accordance with Planning Scheme Policy PSP4. Although the road is classified as a Rural Residential Access street, the existing road formation is consistent with a “Rural road” formation, consisting of shoulders and table drains.


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The applicant’s consultant believes that the existing seal, which is in the order or 5 to 5.5m in width, is satisfactory given the volumes of traffic that are expected to the site. The applicant’s consultant incorrectly identified the existing formation as a 6m sealed road. Council officers confirmed that the existing formation of Ruatoka Court is approximately 5.5m wide for the majority of its length. One section exists along the frontages of number 17 to 27 Ruatoka Court which is approximately 4.2m wide seal. Although the PSP identifies that 6.0m seal is an acceptable solution, the existing profile of 5.5m with shoulders provides sufficient capacity for the proposal given the speed environment is low, and there is limited future traffic generation in the street. The current zone of the surrounding allotments provides for no further subdivision, and 16 Rural Residential lots access Ruatoka Court. The approval also contains operational restrictions to ensure that the use remains low scale. The existing 5.5m wide seal with gravel shoulders will have sufficient capacity for the proposal given the existing low volumes on the road, however the existing 4.2m wide seal is inappropriate. Development Engineering recommends that the condition be amended to provide a minimum 5.5m wide seal along the frontages of 17 to 27 Ruatoka Court in order to provide an acceptable solution to SO3 of the General Works Code. Development Engineering recommends that the condition be amended.

2.3 Referrals There were no external Referral Agencies to this application. 3. Strategic Implications 3.1 Legislative/Legal Implications

The applicant and submitters have appeal rights in accordance with the Sustainable Planning Act 2009. The applicant has requested negotiations with conditions within their appeal period.


Creating Opportunities: Well-planned growth - a sustainable and well-planned community. 3.3 Policy Implications

The proposal is consistent with the now Superseded Caboolture ShirePlan and relevant policies. 3.4 Risk Management Implications

Development occurs efficiently and effectively in the region in a manner that reduces potential risk implications to Council and the community.

3.5 Delegated Authority Implications Not applicable.

3.6 Financial Implications

In the event that an appeal is made to the Planning & Environment court against Council’s decision, the Council will incur additional costs in defending its position.

3.7 Economic Benefit Appropriate development supports the growing Moreton Bay Region.

3.8 Environmental Implications New development contributes to sustainable management and protection of the natural environment in the region through compliance with the planning schemes policies and provisions.


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3.9 Social Implications Appropriately designed and located development contributes to diverse, vibrant and safe communities and facilities.

3.10 Consultation / Communication Not applicable.


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SUPPORTING INFORMATION Ref: A14841179 The following list of supporting information is provided for: ITEM 2.2 DA/31204/2015/V2L - REQUEST FOR A NEGOTIATED DECISION - MATERIAL CHANGE OF USE - DEVELOPMENT PERMIT FOR PLACE OF WORSHIP - LOCATED AT 43 RUATOKA COURT, BURPENGARY - DIVISION 2 #1 Locality Plan #2 Negotiated Decision Request #3 Amended Plans


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Moreton Bay Regional Council ITEM 2.2 - DA/31204/2015/V2L REQUEST FOR A NEGOTIATED DECISION - MATERIAL CHANGE OF USE - DEVELOPMENT PERMIT FOR A PLACE OF WORSHIP - 43 RUATOKA COURT, BURPENGARY - DIVISION 2 (Cont.)

#1 Locality Plan


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#2 Negotiated Decision Request


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#3 Amended Plans


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ITEM 2.3 DA/31643/2016/V2Q - MATERIAL CHANGE OF USE - DEVELOPMENT PERMIT FOR OUTDOOR SPORT AND RECREATION SITUATED AT 1780-1820 BRIBIE ISLAND ROAD, SANDSTONE POINT ON LAND DESCRIBED AS LOT 6 SP281368 - DIVISION 1 APPLICANT: BRIBIE WATERS PTY LTD OWNER: BRIBIE WATERS PTY LTD Meeting / Session: 2 PLANNING & DEVELOPMENT Reference: A15177688 : 2 May 2017 – Refer Supporting Information A15196547;

A15203402 Responsible Officer: AD, Development Planning Manager (PED Development Services) Executive Summary

Applicable Planning Scheme Moreton Bay Regional Council Applicant Bribie Waters Pty Ltd Owner(s) Bribie Waters Pty Ltd Site Address 1780-1820 Bribie Island Road, Sandstone Point Property Description Lot 6 SP281368 Area 32.4906ha Proposal Material Change of Use - Development Permit

for Outdoor Sport and Recreation Proposal Plans Refer to proposal plan in Appendices of this report. Assessment Level Impact Assessment Requested Approvals Development Permit for Material Change of Use Consistent / Inconsistent proposal

Policy Neutral

Planning Scheme Details

Zoning: • General Residential Zone (Next Generation

Neighbourhood Precinct) • Rural Zone

Overlay Codes: • Coastal Hazard (Erosion Prone Area) • Coastal Hazard (Storm Tide Inundation) • Flood Hazard

Relevant Codes Moreton Bay Regional Council Planning Scheme Application ‘properly made’ 13 April 2016 Information Request Issued 27 May 2016; Final response received 19 July 2016 Referral Agencies Concurrence Agencies:

Department of Infrastructure, Local Government and Planning (DILGP) - Department of Transport and Main Roads (DTMR) Advice Agencies: Nil

Public Notification (Notice of Compliance received)

17 August 2016

Submissions Received Properly Made: 79 Not Properly Made: 19

Decision Stage ends 17 May 2017 Is a Notation to the Planning scheme required?

Not Applicable

Number of Existing Lots One Further Development Permits that may be required Not Applicable


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Moreton Bay Regional Council ITEM 2.3 DA/31643/2016/V2Q - MATERIAL CHANGE OF USE - DEVELOPMENT PERMIT FOR OUTDOOR SPORT AND RECREATION SITUATED AT 1780-1820 BRIBIE ISLAND ROAD, SANDSTONE POINT ON LAND DESCRIBED AS LOT 6 SP281368 - DIVISION 1 - A15177688 (Cont.)

This application seeks a Development Permit for a Material Change of Use for Outdoor Sport and Recreation situated at 1780-1820 Bribie Island Road, Sandstone Point, on land described as Lot 6 SP281368. The proposal seeks to establish a new regulatory regime for the existing approved use of Entertainment and Recreation (Outdoors) on the site, which currently allows for up to twelve (12) outdoor events each year in addition to any number of events hosted under the approval of the hotel (ancillary events). This application seeks primarily to amend conditions of the current development approval to resolve inconsistencies in how noise management is dealt with for outdoor events under the current development permit, the Office of Liquor and Gaming Regulation (OLGR) and the requirements and provisions of the Environmental Protection Act. The subject site is located within both the General Residential Zone (Next Generation Neighbourhood Precinct) and the Rural Zone of the MBRC Planning Scheme, and has an area of 32.4906ha. The proposed Outdoor Sport and Recreation Use is located within the General Residential Zone, with overflow parking for the use provided in the Rural Zone. Locality plan attached. The site is identified as being located within the Regional Landscape and Rural Production Area in the South East Queensland Regional Plan. The application was publicly advertised with a total of 98 submissions received, consisting of 79 properly made submissions and 19 not properly made submissions. The proposed development is considered to accord with the intent of the MBRC Planning Scheme, and is recommended to be approved, subject to conditions. The proposal was lodged with Council and deemed to be “Properly Made” on 13 April 2016. Accordingly, this application has been assessed in accordance with the Sustainable Planning Act 2009. OFFICER’S RECOMMENDATION A. That Council, in accordance with the Sustainable Planning Act 2009, approves a Material Change of

Use - Development Permit for Outdoor Sport and Recreation at 1780-1820 Bribie Island Road, Sandstone Point, described as Lot 6 SP281368, subject to the following conditions:

Plans to be Amended Plan / Document Name Reference Number Prepared By Dated Site Plan 12001-DA01-01(B) KP Architects June 2016

CONDITION TIMING


APPROVED PLANS/DOCUMENTS

1. Approved Plans

Undertake development generally in accordance with the approved plans. These plans will form part of the approval, unless otherwise amended by conditions of this approval.

To be maintained after the commencement of the use.


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(a) Submit an amended Site plan incorporating the following:

(i) Remove the note from the Outdoor Sport & Recreation heading of the ‘Legend’;

(ii) Remove the “temporary container bar. (b) Obtain approval from Council for the amended Site plan in


approved plan. The approved amended plan will form part of the approval.

(a) & (b) & (c) Prior to commencement of use.

3. Commencement of Use

In accordance with s346(1)(b) of the Sustainable Planning Act 2009, the use may not commence until a Request to Change an Existing Approval for the current approval over the site (DA/26871/2012/V2K) to delete the Entertainment and Recreation (Outdoors) use is approved by Council.

Prior to the commencement of the use.

MAJOR OUTDOOR EVENT

4. Major Outdoor Event

Major Outdoor Events have more than 3000 people to the site at any one time or a sound pressure level in accordance with condition 8(a) and are operated in accordance with the requirements of Condition 5.

At all times

5. Major Outdoor Event - Use

(a) Limit the use to a maximum of nine (9) Major Outdoor Events

(Concerts) in any calendar year. Major Outdoor Events (Concerts) have noise levels in accordance with Condition 8 (a).

(b) Other Major Outdoor Events undertaken on site are to have a noise level in accordance with Condition 8 (b).

(c) No Major Outdoor Event is to occur unless an Event Management Plan is approved by Council.

(a) (b) and (c) At

all times.

6. Outdoor Event Management Plan (OEMP)

1. Submit to Council for approval an OEMP for each Major Outdoor Event. Each plan is to include:

(a) The date and name of the event. (b) The duration of the event. (c) The duration of time to set up for the event and dismantle the site

after the event (including the removal of temporary structures). (d) The maximum number of patrons expected for the event. (e) A detailed site plan showing –

i. details and drawings of buildings and or other structural elements of the entertainment event; and

ii. location, type and numbers of all ablution facilities for both male and female patrons on the site; and

iii. type of lighting (including floodlights) on the site; and iv. parking areas; and

1. No later than 45 days prior to the commencement of the Major Outdoor Event or such other period as agreed in writing by Council.


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v. access to the site; and vi. the proposed location and description of any signs associated

with the event; and vii. location and description of any safety equipment (if

applicable);and viii. buffer zones, landscaping and screening of the site (if

applicable);and ix. the direction and approximate distance from the site to areas

likely to be affected by the operation of the outdoor event. (f) A risk management plan that includes traffic management, waste

management, emergency first aid, emergency evacuation, setting up and dismantling plan, dust suppression, security, post event rehabilitation, and noise management.

(g) A noise management plan that identifies noise limits for the event, monitoring procedures and real-time management actions to ensure that limits are met. The plan is to address any non-compliance issues identified in Condition 10 - Noise Monitoring Outcomes - Major Outdoor Events (Concerts).

(h) A traffic management plan, prepared by a suitably qualified and experienced person, that:

i. Includes specific measures that will be implemented during the event to maintain the safe and efficient operation of the road network, including traffic control personnel/signs/devices internal and external to the site, shoulder/lane closures and posted speed limit reductions.

ii. Demonstrates how peak flows will be managed, iii. Addresses public passenger transport (bus, taxi and rail),

active transport (pedestrian and cyclist pathways) as well as private vehicles (passenger setdown, car parking, access and the like).

(i) A waste and litter management plan. (j) Identification of any issues that arose from the previous and/or similar

event. Details of how this issue has been addressed and managed for the proposed event.

(k) Procedures for notifying relevant stakeholders, including Queensland Police Service, Department of Transport and Main Roads, Queensland Fire Service etc., as to the date, time, duration and contact details for the event. Notification is to occur at least 1 month prior to the event date, unless required earlier by the relevant stakeholders.

(l) Procedures for notifying all potentially affected residents, within a 1.3 kilometre radius of the event location, as to the date, time, duration and contact details for the event. Notification is to occur 2 weeks prior to the event date.

(m) If any animals are to be used at the event, the manner and places where the animals are proposed to be tethered, caged or kept and details of the use to which the animal(s) will be put, and the manner and frequency of collection, storage and removal of faeces.

(n) A contact telephone number on which the applicant may be reached at all times.

(o) Contact numbers and procedures for complaint handling, including a complaint register in which all telephone, sms, email and written complaints shall be registered. The complaint register shall be maintained for a minimum period of 12 months after each event and shall be provided to MBRC upon request.

(p) Any additional information required by the Council designated officer.


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2. Demonstrate that consultation with all relevant stakeholders (including

DTMR, QPS, QFRS and any other relevant authority required or expected to be impacted upon by the proposed outdoor event) has occurred and their requirements have been incorporated into the OEMP.

3. Implement the approved OEMP for each Major Outdoor Event.

2. Prior to

submitting OEMP to Council

3. At all times.

7. Major Outdoor Event Duration

Limit the duration of each Major Outdoor Event to one 7am to 10pm period. For example: a weekend concert spanning both Saturday and Sunday is considered to be two (2) major outdoor events.

At all times.

ACOUSTICS

8. Noise Management - Major Outdoor Events

(a) Major Outdoor Events (Concerts)

The sound pressure level for amplified sound/music when measured external to the most sensitive receptor must not exceed the following amounts for the duration of the Major Outdoor Event - Concert:

Time Period Sound Pressure Level 7am to 10pm 70 dB(A) (measured as LAeq adj

where T is no greater than 5 mins) (b) Other Major Outdoor Events

When a major outdoor event is not regulated by the Office of Liquor and Gaming Regulation (OLGR), the following provisions will apply: The sound pressure level for amplified sound/music from a Major Outdoor Event other than a Concert when measured at a noise sensitive receptor must not exceed the following for the duration of the event:

Time Period Sensitive Land Use Day (7AM - 6PM) Background noise (LAbg,10min) + 10 dB(A) Evening (6PM -10PM) Background noise (LAbg,10min) + 10 dB(A) Note: Noise measurements to be recorded external to the nearest noise sensitive receptor as defined in the Environmental Protection (Noise) Policy 2008. The sound pressure level, LOCT 10, in a full octave band with centre frequencies from 63 Hz to 2 kHz when measured indoors at any sensitive land use must not exceed the background sound pressure level (LOCT 90,T) by more than the following amount in one or more octave bands: Time Period Sensitive Land Use Night (10PM - 7AM) Background noise (LOCT 90,T ) +8 dB

(a) & (b) To be

maintained at all times


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Note: If insects or frogs are dominant contributors to the measured noise levels then the spectral bands of the insect or frog noise are to be excluded from the measured noise levels.

9. Noise Monitoring - Major Outdoor Events (Concert)

(a) The applicant shall fund the noise monitoring program in

accordance with Condition 8. Noise monitoring shall be conducted throughout the Major Outdoor Event (Concert) by a suitably qualified person appointed by Council in accordance with Council’s procurement policy at the following locations: • The northern end of Clarke Terrace, or in nearby Howard

Court, that adjoins the southern boundary of the subject site. • The south-eastern end of The Esplanade on the northern

side of Bribie Island Road. • Along the Welsby Parade foreshore, in the vicinity of the

boat ramp and car park at the Welsby Parade and Fifth Avenue roundabout.

(b) The noise monitoring program is to include the following:

(i) A weather station shall be set up in a suitable location on the site at a minimum height of 5 metres to record metrological conditions during the event. Weather data shall be recorded as a minimum each 10 minutes during the event.

(ii) Both attended and unattended noise monitoring shall be conducted. The unattended noise logger at each location shall record noise levels continuously and provide time history plots on FAST response for the duration of the Major Outdoor Event (Concert). The noise data shall be digitally recorded, stored for a minimum period of 6 months after each event and provided to the Applicant in digital format after each concert.

(iii) The attended monitoring shall be conducted in nominal periods of 15 minutes at each location. The instrumentation shall display a time history plot of FAST response maximum noise levels, preferably with a filter to remove insect or frog noise. If a non-compliance with the noise limit of 70dBA (measured as LAeq, 5 mins) is observed from amplified noise emissions or patron noise emissions from the event then the monitoring person is to immediately contact the Concert sound level controller (at the mixing desk) to have the noise emission level reduced to a compliant level. The planning of attended noise monitoring shall take account of expected prevailing meteorological conditions during the event.

(iv) Investigation of any noise compliant received by the applicant/operator on the day of the event.

(c) The suitably qualified consultant undertaking the monitoring shall

prepare an independent detailed Noise Monitoring Report for each Major Outdoor Event (Concert) which will contain the following information:

(a) During any

Major Outdoor Event -Concert

(b) During any

Major Outdoor Event - Concert

(c) 10 business

days after any Major


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(i) Measurement of background noise levels including locations, durations, noise contributions to the levels, including extraneous noise sources, such as insects, frogs, traffic or other sources

(ii) Record of noise levels measured during the attended noise monitoring at each monitoring location, including the times and duration of each recording, the presence of extraneous noise, whether extraneous noise was removed by filtering, the number and location of real-time communications with the mixing desk and whether noise reduction actions initiated as a result of the communication were measured to be effective.

(iii) Record of noise level vs time plots of LAeq (5 min) levels for the duration of the event from the unattended noise loggers.

(iv) Record of meteorological conditions measured on site during the event.

(v) Results of any complaint investigation and actions undertaken on the day of the event.

Note: The noise monitoring report is to be provided to the applicant.

Outdoor Event (Concert)

10. Noise Monitoring Outcomes- Major Outdoor Events (Concert)

Respond to the independent noise monitoring report required by Condition 9 (c) as follows:

(a) Provide detailed reasons as to why any non-compliance with the noise limits has occurred during any Major Outdoor Event (Concert), and include additional acoustic attenuation measures and/or procedures which shall be implemented in the OEMP for any subsequent Major Outdoor Event (Concert), to ensure that a non-compliance with the noise limit will not occur in future events.

(b) Submit for Council approval any additional acoustic measures or procedures to address non-compliance with noise limits.

(c) Update any Event Management Plans for concerts already approved for the site.

(a) 20 business

days after any Major Outdoor Event (Concert) or 5 business days prior to the next Major Outdoor Event (Concert) whichever is sooner.

(b) Prior to any

further OEMPs being approved.

(c) Prior to the

Major Outdoor Event -Concert being held.

11. Funding of Noise Monitoring

(a) The applicant is to fund the noise monitoring required by condition 9.

(b) The applicant shall pay the invoice.

(a) At all times (b) Within 20

business days


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AMENITY

12. Hours of Operation – Major Outdoor Events

Limit the hours of operation of Major Outdoor Events to between 7am to 10pm.

At all times.

MINOR OUTDOOR EVENT

13. Minor Outdoor Event

(a) Minor Outdoor Events: - have no more than 3000 people to the site at any one time; and - are not limited to a maximum number of events per calendar year;

and - operate in accordance with the Noise Management provisions

contained within Condition 14.

(b) An event is not considered to be a Minor Outdoor Event if any of the items in (a) above are not complied with.

(a) & (b) At all

times.

ACOUSTICS

14. Noise Management - Minor Outdoor Event

When a minor outdoor event is not regulated by the Office of Liquor and Gaming Regulation (OLGR), the following provisions will apply: The adjusted average maximum sound pressure level (measured as LA10 10min) from outdoor activities and/or amplified noise/music when measured external to the most sensitive receptor must not exceed the A-weighted background sound pressure level (LAbg,10min) by more than the following amounts:| Time Period Sensitive Land Use Day (7AM - 6PM) Background noise (LAbg,10min) + 10 dB(A) Evening (6PM -10PM) Background noise (LAbg,10min) + 10 dB(A) The sound pressure level, LOCT 10, in a full octave band with centre frequencies from 63 Hz to 2 kHz when measured indoors at any sensitive land use must not exceed the background sound pressure level (LOCT 90,T) by more than the following amount in one or more octave bands: Time Period Sensitive Land Use Night (10PM - 7AM) Background noise (LOCT 90,T ) +8 dB

To be maintained at all times

AMENITY

15. Amenity of the Area


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Carry out the use so that there is no detrimental effect on the amenity of any person or property, resulting from the emission of noise, vibration, odour, air pollutants, glare, waste water, waste products, grit, oil or otherwise.

To be maintained at all times after the commencement of the use.

16. Tall Structures

Restrict the height of structures such as light pylons, antennae, masts, aerials, telecommunication structure and any other structures ancillary to the proposal to a height and appearance that does not adversely impact on the existing landscape of the area and is in keeping with the established character of the area.

Prior to the commencement of the use and to be maintained at all times.

SAFETY/SECURITY

17. Identification Display Board

At suitable locations within the site:

(a) Provide sufficient directional signage clearly directing users of the site and emergency vehicles to the proposed uses on site.

(b) Signage shall be constructed from permanent and durable

materials.

Prior to the commencement of the use and to be maintained at all times.

ENVIRONMENTAL

VEGETATION

18. Vegetation Clearing – Extent Approved

Clearing of native vegetation is not permitted under this Development Approval.

Prior to and during site works and to be maintained.

19. Stockpiles Construction and Landscaping Materials

Locate any stockpiles of construction and landscaping materials and other site debris clear of drainage lines, outside TPZs and clear of any position from which it could be washed onto any footpath, nature strip, roadway or into any drain, wetland or watercourse.

During site works.

DEVELOPMENT ENGINEERING

20. Replace Existing Council Infrastructure

Replace existing Council infrastructure (including but not limited to street trees and footpaths) to a standard acceptable to Council’s Director – Strategic, Planning and Development should this infrastructure be damaged as part of construction works.

Prior to commencement of the use.


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21. Alterations and Relocation of Existing Services

Any alteration or relocation in connection with or arising from the development to any service, installation, plant, equipment or other item belonging to or under the control of the telecommunications authority, electricity authorities, the Council or other person engaged in the provision of public utility services is to be carried out with the development and at no cost to Council.

Prior to commencement of the use.

CONCURRENCE AGENCY

22. Concurrence Agency Conditions

(a) Comply with the conditions of the Department of Infrastructure, Local

Government and Planning concurrence agency response dated 20 June 2016 (reference: SDA-0516-030047) or as amended.

At all times.

ADVICE

ASSESSMENT CODES AND POLICIES

1. Aboriginal Cultural Heritage Act 2003

The Aboriginal Cultural Heritage Act 2003 commenced in Queensland on April 16, 2004. The Act is administered by the Department of Environment and Resource Management (DERM). Under the Act, indigenous parties are key in assessing cultural heritage significance. The Aboriginal Cultural Heritage Act 2003 establishes a Duty of Care for indigenous cultural heritage. This applies on all land and water, including freehold land. The Cultural Heritage Duty of Care lies with the person or entity conducting the activity. Penalty provisions apply for failing to fulfil the Cultural Heritage Duty of Care. Those proposing an activity that involves additional surface disturbance beyond that which has already occurred at the proposed site need to be mindful of the Duty of Care requirement. Details of how to fulfil the Duty of Care are outlined in the Duty of Care Guidelines gazetted with the Act. Council strongly advises that you contact DERM’s Cultural Heritage Coordination Unit to obtain a copy of the Duty of Care Guidelines and further information on the responsibilities of developer under the terms of the Aboriginal Cultural Heritage Act 2003.

2. Water Restrictions Advice

The use of potable water for dust suppression or construction purposes should be in accordance with current water restriction requirements. The location of Council’s recycled water distribution points can be obtained by contacting Council’s contact centre.


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3. Disability Access Advice

The development must provide disabled access in accordance with AS 1428 and must take into account the Disability Discrimination Act and the Queensland Anti-Discrimination Act.

B. That all external Referral Agencies for the application be provided with a copy of Council’s Decision

Notice.


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REPORT DETAIL 1. Background On 18 December 2012, Council approved under the Caboolture ShirePlan a Material Change of Use - Development Permit for a Hotel, Shop, Entertainment & Recreation (Indoors) and Entertainment & Recreation (Outdoors) (DA/26871/2012/V2K). A request to suspend the appeal period was received by Council on 4 January 2013. The applicant’s final representations regarding the decision notice were received on 11 January 2013 and a Negotiated Decision was approved by Council’s delegate on 18 January 2013. A Change to a Development Approval was approved by Council’s delegate on 23 January 2014 (DA/26871/2012/VCHG/1). The existing development approval allows for the use of part of the outdoor area beside the Hotel for Entertainment and Recreation (Outdoors) use, with a maximum of 12 events per year. On 5 January 2016, an application was submitted to Council requesting to amend Condition 16 (Noise Management) of the existing approval to resolve inconsistencies in how noise management is dealt with on the site under the development permit, the Office of Liquor and Gaming Regulation (OLGR) requirements, and the provisions of the Environmental Protection Act. However, it was determined that the proposed change was likely to cause a person to make a properly made submission objecting to the change if circumstances allowed, and was therefore not a permissible change. Consequently, this application was withdrawn and a new impact assessable application was lodged to address noise management on site. It is noted that the original approval was issued under the Caboolture ShirePlan and the use was defined as Entertainment and Recreation (Outdoors). The ShirePlan has since been superseded by the MBRC Planning Scheme 2016 and the use is now defined as Outdoor Sport and Recreation. Since the abovementioned approval (DA/26871/2012/V2K) was granted a number of outdoor concerts/events have been held on the site, with some complaints being received from local residents regarding the noise and traffic. Therefore, careful consideration is required of the most appropriate noise criteria to be applied to the Outdoor Sport and Recreation Use of the site and in particular for infrequent events such as concerts. Other Approved Uses It should be noted that the original approval (DA/26871) for the Hotel included associated short-term accommodation in an adjoining six (6) storey ‘Motel’ building containing 50 rooms. Although this has been approved, it is yet to be constructed. The following uses were also contained in that approval and are yet to be constructed on the site: Shop (with a limited 250m2 GFA) and Entertainment and Recreation (Indoor) - including a Museum and another ‘tourism use’. On 21 May 2013, Council’s delegate approved, under the Caboolture ShirePlan, a Material Change of Use - Development Permit for a Caravan Park (10 Stages) (DA/27168/2012/V2L) over the south-eastern portion of the site. The applicant suspended their appeal period and after representations were made, a Negotiated Decision was approved (in part) by Council’s delegate on 19 December 2013. The caravan park will contain 150 sites, including cabins, powered, ensuite and tent sites. It is noted at this point in time there has been no construction of the approved Caravan Park on the site. 2. Explanation of Item While the application lodged is for Outdoor Sport and Recreation under the current planning scheme, the applicant has specifically applied for a new noise management condition in association with the existing Entertainment & Recreation (Outdoors) use granted under a current development approval (DA/26871/2012/VCHG/1). On the relevant development application form (Form 5 for a Material Change of Use), the applicant has stated under the general explanation of the proposed use that the application is for a …new noise management condition for Outdoor Sport and Recreation Use.


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It should be noted that since the site has been developed, a number of Outdoor Events of varying sizes and types have been held under the existing approval including concerts, festivals, sporting events, rodeo, carnivals and exhibitions as well as a range of events hosted under the hotel approval (ancillary events). These events staged under the existing conditions have resulted in a number of issues and complaints. The current conditions have been difficult to enforce and require Council to investigate and resolve issues after the event has actually occurred. In addition the clarity and definitiveness of the conditions could be improved to the benefit of all stakeholders. This application gives Council the opportunity to revisit the existing conditions and improve them to ensure events on site are better managed, are clearly defined as to what is covered, provide for real time monitoring, and to ensure they can respond to issues as they arise over time in an effective way. 2.1 Proposal Details This application seeks a Development Permit for a Material Change of Use for Outdoor Sport and Recreation situated at 1780-1820 Bribie Island Road, Sandstone Point, on land described as Lot 6 SP281368. The proposal seeks to establish a new regulatory regime for the existing approved use of Entertainment and Recreation (Outdoors) over part of the site, which currently allows for a maximum of twelve (12) outdoor events each year. It should be noted that there is no limit on the number of events that occur under the hotel approval (ancillary events). This application seeks primarily to amend conditions of the current development approval to resolve inconsistencies in how noise management is dealt with for all outdoor events under the current development approval, the Office of Liquor and Gaming Regulation (OLGR) approvals and the requirements and provisions of the Environmental Protection Act. The amendments will also provide certainty in terms of how noise from outdoor events is to be measured. The part of the site identified for Outdoor Sport and Recreation is adjacent the existing Sandstone Point Hotel and is primarily a large turfed area located between the hotel itself and the Pumicestone Passage and Bribie Island Road. A large unsealed overflow car park is provided to the west of the internal road and can accommodate 1400 cars. The current approval contains noise management conditions, applicable when an outdoor event is not covered by the Office of Liquor and Gaming Regulation approval (i.e. a liquor licence). The applicant after further reviewing these conditions has determined they are not compatible with contemporary performance requirements for certain occasional outdoor events particularly concerts and have therefore requested amendments to the noise conditions. The applicant’s noise consultant has recommended the default levels contained within the Environmental Protection Act - Section 440X for open-air events be applied in this instance given the infrequent and restricted number of large outdoor events occurring on site and that events will not extend past 10pm. The applicant advises these restrictions are more appropriate for outdoor events, and in line with approvals held by other venues throughout Queensland. The relevant limit under the Environmental Protection Act is 70 dB(A) at a sensitive receptor between 7am to 10pm (the proposed outdoor event operating times). This noise limit provides a clearly defined level that can be measured during the course of an event as opposed to the current condition which applies limits that are variable depending on background noise. Measuring the background noise level in the absence of the event noise has proven to be problematic, therefore the proposed change will allow for more consistent reporting and provide greater certainty to Council, the applicant and surrounding residents as to the noise limit during concert outdoor events which are to occur infrequently on the site. Importantly, assessing compliance with the proposed 70 dB(A), particularly during an event, will enable immediate action to be taken if noise limits are exceeded.


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It is acknowledged that past outdoor events on the site have resulted in traffic issues within the surrounding road network. A series of meetings with the applicant, Council and other relevant stakeholders (including Queensland Police Service and Department of Transport and Main Roads) have occurred after events were held to discuss any issues from the events and mitigation measures. In addition to noise, significant focus has been placed on traffic management at these meetings and it is important to note the recommendations of this report include requirements for an Outdoor Event Management Plan to be provided for each major outdoor event which will include a traffic management plan to address this issue. A major outdoor event is defined as any event undertaken on site where more than 3000 people attend the site at any one time or have a sound pressure level of 70dB(A). Planning for each major outdoor event will be required to consider and prepare for the traffic anticipated for the event. 2.2 Site and Locality

2.2.1 Existing Use The site has an area of approximately 32.4ha and has three road frontages, being Bribie Island Road to the north, Bestmann Road East to the west and a minor road frontage to Clark Terrace to the south. The eastern boundary of the subject land adjoins the Pumicestone Passage. The land is improved by the Sandstone Point Hotel towards the north east corner of the site, with a large grassed open area to the north and north-west of the Hotel, currently used for outdoor events. An internal access road bisects the land and joins Bribie Island Road and Bestmann Road East. The land to the west of the internal roadway is primarily used for overflow parking. The western portion and south eastern corner of the site contains dense mature vegetation. Large areas of the site, particularly to the north and north-east are largely cleared. It is not intended by this proposal to undertake additional clearing of vegetation on the land. The site also contains an existing boathouse, which has been recently renovated. A Child Care Centre is located in the south-western corner of the site, fronting and gaining access from Bestmann Road East. 2.2.2 Topography The site rises up from the water frontage, and is generally elevated. The outdoor use area is located on a part of the site that continues to rise in elevation. The application does not propose any further work to be undertaken on the site with no changes to be made to the current landform. 2.2.3 Surrounding Land Use The adjoining land to the north and south of the site is currently developed for urban purposes. Residential apartments and a marina are located to the north of the site, with a Relocatable Home Park currently under construction. A large residential area is located to the south. The report submitted with the application notes the closest residential buildings to the north-west of the site are more than 250 metres from the existing Hotel and the closest residential buildings to the south are about 470 metres from the Hotel. The table below identifies the current zoning and land uses surrounding the subject land.

Direction Planning Scheme Zone Current Land Use North (across Bribie Island Road)

General Residential (Next Generation Neighbourhood Precinct) and Recreation and Open Space

Multiple Dwellings, Relocatable Home Park (under construction), vacant land and a Marina. Open space along the foreshore.

South General Residential (Suburban Neighbourhood Precinct) and Recreation and Open Space

Dwelling Houses, Park and open space along the foreshore.

East Not Applicable Pumicestone Passage


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Direction Planning Scheme Zone Current Land Use West (across Bestmann Road East)

Rural (Agriculture Precinct) Large, heavily vegetated, undeveloped land.

2.3 State Planning Instrument Assessment

2.3.1 State Planning Regulatory Provisions (SPRPs)

An assessment against each of the State Planning Regulatory Provisions is set out as follows:

Name Designation Applicable Requirements Coastal Protection State Planning Regulatory Provision

Coastal Zone The site is located in the Coastal zone, however the State Planning Regulatory Provision does not apply to the development based on the nature of the development proposal.

State Planning Regulatory Provision (Adopted Charges)

None Not Applicable to Development Assessment however the SPRP has informed the Council’s Adopted Infrastructure Charges Resolution that is discussed in section 2.5.1 of this report.

State Planning Regulatory Provisions (Adult Stores)

None The development proposal is not for an Adult Store and therefore the State Planning Regulatory Provisions do not apply.

South East Queensland Koala Conservation State Planning Regulatory Provisions

None The development proposal is not located in a Priority Koala Assessable Development Area or Koala Assessable Development Area and therefore the State Planning Regulatory Provisions do not apply.

Southeast Queensland Regional Plan 2009-2031 (SEQRP) State Planning Regulatory Provisions

Regional Landscape and Rural Production Area

The development proposal is for a Material Change of Use in the Regional Landscape and Rural Production Area and complies with the State Planning Regulatory Provisions.

2.3.2 State Planning Policy

On 16 November 2015, notification was given to Council that all State Interests had been integrated into the Moreton Bay Regional Council Planning Scheme with the exception of the State Interest - natural hazards, risk and resilience (coastal hazards - erosion prone areas). Accordingly, the interim development assessment requirements set out within the State Planning Policy (SPP) for coastal hazards - erosion prone areas is to be applied by Council in the assessment of development applications until this State Interest has been appropriately integrated into Council’s planning scheme. Assessment against the SPP for this one State Interest is as follows;

Applicable to the Development SPP Requirement Comment

State interest – Natural Hazards

Yes Coastal Hazards Trigger Development:

The part of the area where the Outdoor Sport and Recreation is to be located is within the erosion prone area within the


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Applicable to the Development SPP Requirement Comment

(6) is not located in an erosion prone area within a coastal management district unless: (a) it cannot feasibly be located

elsewhere, and (b) is coastal-dependent development,

or temporary, readily relocatable or able-to-be-abandoned development, and

(7) that is the redevelopment of existing permanent buildings or structures, is located outside an erosion-prone area or, where this is not feasible, redevelopment: (a) is located:

i. as far landward from the seaward property boundary as possible, or

ii. landward of the seaward alignment of the neighbouring buildings, and

(b) provides space seaward of the development within the premises to allow for the future construction of erosion control structures, such as a seawall, and

(8) proposes to undertake coastal protection work (excluding beach nourishment) only as a last resort where coastal erosion presents an imminent threat to public safety or existing buildings and structures, and all of the following apply: (a) the property cannot reasonably be

relocated or abandoned, and (b) any coastal protection work to

protect private property is located as far landward as practicable and on the lot containing the property to the maximum extent reasonable, and

(c) the coastal protection work mitigates any increase in coastal hazard risk for adjacent areas.

coastal management district. The development achieves the solutions under the State Planning Policy as the proposal does not involve any permanent structures being located in these areas of the site.

2.4 Local Planning Instrument Assessment – Moreton Bay Regional Council Planning Scheme

2.4.1 Desired Environmental Outcomes Not applicable.


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2.4.2 Assessment of Applicable Codes

Applicable Codes Code Compliance Alternative Solutions Proposed

Zone/ Locality Code General Residential Zone Code (Next Generation Neighbourhood Precinct)

Yes PO11, PO12

Rural Zone Code Yes Overlay Codes

Coastal Hazard Overlay Code Yes Flood Hazard Overlay Code Yes

The proposed design incorporates alternative solution/s that have demonstrated that the development is able to achieve the intent of the relevant specific outcomes. The alternative solutions are discussed below:

Specific Outcome Probable solution

General Residential Zone Code (Next Generation Neighbourhood Precinct) Amenity - PO11 The amenity of the area and adjacent sensitive land uses are protected from the impacts of dust, odour, noise, light, chemicals and other environmental nuisances.


Alternative Solution Assessment PO11 The application seeks to implement noise management criteria consistent with the

Environmental Protection Act for a limited number of outdoor events conducted on site. It is important to note an approval currently exists for this use to occur on the site, the purpose of this application is to provide clarity in the management of noise issues and ensure comprehensive monitoring of noise levels is undertaken for all Major Outdoor Events (Concerts). The noise levels identified in the conditions in the current approval replicate those in the Liquor Act regulations as they relate to unreasonable noise from a licenced venue rather than a specific noise limit associated with a concert or outdoor event. The Environmental Protection Act (EPA) in Section 440X identifies 70 dB(A) as the appropriate noise limit for outdoor events including concerts (it does not apply to licenced venues as they are regulated under the Liquor Act). It should be noted that unless the venue is de-licensed in full or in part by OLGR the provisions of the Liquor Act will continue to apply. This EPA noise level would ordinarily be applicable to an amplified concert such as a Council event in a parkland area whether or not it is surrounded by residential uses. It is considered that the noise level under the Environmental Protection Act Section 440 X is the most appropriate standard for Council to mandate for the infrequent use of the site for amplified concerts (refer to the recommendations of this report condition 8 (a)) as it is a specific requirement considered appropriate for the proposed use under legislation providing guidance on appropriate noise levels and nuisance. This


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noise level is proposed to only apply to a specific limited number nine (9) outdoor events (concerts) each year to limit the impact on surrounding uses. Under the current approval the applicant can conduct up to twelve (12) events all of which could be concerts as well as any number of events related/ancillary to the hotel use. The recommendations of this report include a condition to limit the number of concerts with the sound pressure level of 70 dB(A) to a total of nine (9) events per year, all other events would need to comply with a reduced noise level specified in the condition which correlates with the relevant requirements of the Liquor Act. The recommendations of this report include conditions to ensure compliance and real time monitoring of noise levels during nine (9) concerts by an independent expert to ensure the specified noise level is implemented on site and to address any complaints immediately. The conditions will ensure that attended and unattended noise monitoring occurs and that a real time response can be provided to any noise complaints received throughout the event (i.e. communication through to the sound desk to lower the noise level). Further any non-compliance would need to be addressed by the applicant prior to any further outdoor event management plans being approved for major outdoor events. An outdoor event management plan must be approved by Council prior to a major outdoor event occurring. Therefore, the consolidated outdoor events regulatory regime which includes a clearer definition of outdoor events, noise limits, outdoor event management plans specific to each major event, amended noise management conditions and obligations to mitigate noncompliance if it occurs, is considered appropriate to better manage the existing approved use on the site and achieve reasonable amenity for the surrounding area in regards to noise impacts. The recommendations of this report are considered to achieve the performance outcome.

Noise – PO12 Noise generating uses do not adversely affect existing or potential noise sensitive uses. Note – the use of walls, barriers or fences that are visible from or adjoin a road or public area are not appropriate noise attenuation measures unless adjoining a motorway, arterial road or rail line. Note – a noise impact assessment may be required to demonstrate compliance with this PO. Noise impact assessments are to be prepared in accordance with Planning scheme policy – Noise.


Alternative Solution/s Assessment PO12 This application seeks to amend how noise is managed for the existing and approved

use of the site with regards to all outdoor events conducted on site to ensure they do not adversely affect existing or potential noise sensitive uses. With regard to concerts it seeks to provide a noise level for a total of nine (9) events to be 70 dB(A). The 70dB(A) level is recommended as the default level for outdoor events under the


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Environmental Protection Act Section 440 X. The object of this legislation is as follows: “The object of this Act is to protect Queensland’s environment while allowing for development that improves the total quality of life both now and in the future, in a way that maintains the ecological processes on which life depends (ecologically sustainable development).” It should be noted that unless the venue is de-licensed in full or in part by OLGR the provisions of the Liquor Act will continue to apply. The Environmental Protection Act Section 440X noise level would ordinarily be applicable to an amplified concert such as a Council event in a parkland area whether or not it is surrounded by residential uses. Therefore as a default standard to determine if the use would have an adverse impact on existing and potential noise sensitive uses it is considered reasonable that it be applied in this instance in the Council conditions for a limited number of events. As is detailed above, the use is existing and through the recommended conditions and improved integrated management regime, greater clarity and transparency for all stakeholders is sought to be established. The outcome is to reduce and better manage the effects of potential noise impacts to surrounding areas. Given the Environmental Protection Act Section 440 X identifies 70 dB(A) as the applicable noise limit for this type of activity, it is considered that setting the noise level for a limited number of events will not adversely affect existing or potential noise sensitive uses. The recommendations of this report include a number of additional conditions to ensure a more stringent monitoring program is implemented for the nine (9) major concert events allowed each year. The consolidated outdoor events regulatory regime recommended includes the definition of outdoor events, noise limits, outdoor event management plans specific to each major event, amended noise management conditions and obligations to mitigate noncompliance if it occurs prior to any further events occurring. This will ensure any potential issues are dealt with and do not reoccur via the outdoor event management plan (OEMP) which deals with matters such as traffic management, waste management, emergency first aid, emergency evacuation, setting up and dismantling before and after events, dust suppression, security, post event rehabilitation, noise management, compliant procedures and notification of stakeholders prior to the event occurring. Therefore, the recommendations of this report with regard to noise management are considered to ensure the proposed use does not adversely affect existing or potential noise sensitive uses. The proposal achieves the performance outcome specified in the code.

2.4.3 Non Standard Conditions It is noted that this application was lodged to establish a new regulatory regime for an existing approved use with an amendment to the relevant noise management condition to align it with how noise management is dealt with for outdoor events under the current development permit, the Office of Liquor and Gaming Regulation (OLGR) and the requirements and provisions of the Environmental Protection Act. The recommendations of this report include a number of other conditions to improve the clarity of operations on site and improve compliance outcomes relating to:


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Approved Use By approving this application, the current approval is required to be amended via a Request to Change application, to remove the Entertainment and Recreation (Outdoors) component of the approval. This will reduce the double up in approvals for this specific use and will ensure consistency with compliance with the relevant approval and greater clarity in the management and monitoring of outdoor events. Major Outdoor Events To further clarify which provisions are applicable to particular events, the conditions specify Major and Minor Outdoor Events. Major Outdoor Events have more than 3000 people to the site at any one time and/or a sound pressure level of 70 dB(A) (measured as LAeq adj where T is no greater than 5 mins). Within the Major Outdoor Events category, there is provision for Major Outdoor Events (Concert) which are permitted a maximum of nine (9) times per year and are also subject to the previously mentioned sound pressure level of 70 dB(A). Minor Outdoor Events Minor Outdoor Events have no more than 3000 people to the site, are not limited to a maximum number of events per year and operate in accordance with noise management provisions which reflect the Liquor Licence for the site. It is noted that with the current approval there is some confusion with what is defined as an outdoor event. This approval will ensure all outdoor activities occurring on the site will be covered and managed by this approval, including those outdoor events that were previously considered to be ‘ancillary to the Hotel use’. Outdoor Event Management Plan (OEMP) The condition requiring an OEMP is significantly different to the existing approval to ensure an OEMP is required for each Major Outdoor Event, as opposed to the current approval which only requires one OEMP to cover all outdoor events. As outdoor events change, and learnings are obtained from previous events, individual OEMPs will provide a better outcome for noise and traffic management and greater certainty for not only Council, residents of the surrounding area and the applicant, but also for the other relevant stakeholders, including OLGR, the Queensland Police Service, Department of Transport and Main Roads etc. Hours of Operation The applicant included the hours of operation on their IDAS application forms therefore it is recommended to condition the hours of operation to be 7am to 10pm. This will also provide greater certainty for surrounding residents and for potential compliance matters. Noise Management The major difference between this application and the current approval is the change to the noise management condition. As is mentioned above, Major Outdoor Events (Concert) are recommended to have a sound pressure level of 70 dB(A) (measured as LAeq adj where T is no greater than 5 mins). This is different to the currently approved noise level which generally reflects the noise provisions of the Liquor Licence for the site. By allowing for the new noise level to be applied, it provides greater certainty for all parties (particularly surrounding residents) on the expected noise level and it is not subject to variances in background noise levels. To ensure even further certainty and to minimise potential impacts of this change in noise management, the number of outdoor events allowed under this approval to operate at this specific noise level has been limited to nine (9) events per year. Any other Major Outdoor Events occurring on the site and not covered by a Office of Liquor and Gaming permit will remain subject to the noise levels consistent with the Liquor Licence for the site. Noise Monitoring The proposed requirement for noise monitoring is a significant improvement on the current approval as for each of the nine (9) Major Outdoor Events (Concert) the applicant is required to fund a detailed noise monitoring program for the duration of the event. The detailed monitoring program, which includes attended and unattended monitoring, will provide a comprehensive picture of the noise


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environment on each concert event day, and will also allow for investigations into any noise complaints received throughout the event. The person/s appointed to undertake the monitoring will provide a comprehensive report for each event, at the applicant’s expense. Any areas of non-compliance that the applicant is required to address is to be done so prior to any further OEMPs being approved and prior to any further Major Outdoor Events (Concert) being held. Future OEMPs will not be approved where the applicant cannot demonstrate how future events will be managed appropriately to address any matters of non-compliance that have arisen from previous events.

2.5 Other Relevant Assessment

2.5.1 Infrastructure Charges This application is effectively a re-approval of an existing use that is operating on the site with an alternative noise management and monitoring regime. There is no increase in the gross floor area or impervious area on site as a result of this application. Therefore, no infrastructure charges are applicable.

2.6 Referrals

2.6.1 Concurrence Agencies ▫ Department of Infrastructure, Local Government and Planning (DILGP) The application was referred to the DILGP under Schedule 7, Table 3, Item 1 of the Sustainable Planning Act 2009, being for a material change of use on land within 25m of a State controlled road. Council was advised on 20 June 2016 that the DILGP has no objection to the proposal subject to a condition approving the proposal plan, which will be attached to Council’s decision notice.

2.6.2 Advice Agencies There were no Advice Agencies involved in assessing this application. 2.6.3 Third Party Agencies There were no Third Party Agencies involved in assessing this application. 2.6.4 Internal Referral

2.6.4.1 Development Engineering The application does not involve any change to the traffic or stormwater generated from the site and there are no development works (i.e. operational works or building works) associated with the proposal. Therefore, no additional Development Engineering comments and conditions are required, however relevant conditions from the original approval have been included in the conditions for this application to ensure consistency. 2.6.4.2 Environmental Health The application was referred externally to obtain specialised advice from an Acoustic Consultant. Refer to 2.6.4.6 below. 2.6.4.3 Environmental Planning To ensure the existing remnant vegetation on the site, in the vicinity of the overflow carpark, is protected, a condition is recommended that car parking be setback 20 metres from the existing remnant vegetation. 2.6.4.4 Unitywater No additional requirements to be imposed.


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2.6.4.5 Environmental Engineering No additional requirements to be imposed. 2.6.4.6 External Specialist Report Review Acoustic Consultant The Council’s acoustic consultant reviewed the application material and provided detailed comments on the proposal and the recommendations of this report with regard to applicable noise limits and noise monitoring.

2.7 Public Consultation 2.7.1 Public Notification Requirements under the Sustainable Planning Act 2009 In accordance with section 297 of the Sustainable Act 2009, the applicant:

• Published a notice in the Caboolture Shire Herald on 21 July 2016; • Placed a notice on the land in the way prescribed under the Sustainable Planning Act 2009

on 21 July 2016 until 16 August 2016; and • Gave a notice to the owners of all land adjoining the subject site on 20 July 2016.

2.7.2 Submissions Received There were 98 submissions received in respect to this application and they consisted of the following:

• Not Properly Made - 19 (14 in support and 5 objecting) • Property Made - 79 (35 in support, 43 objecting and 1 petition (including 3 signatures)

objecting) The matters raised within these submissions are outlined below:

Assessment of Submissions Issue Discussion Support Support for the Hotel including music, concerts and events.

Support for the existing and proposed use is noted.

Outdoor events: - Provide economic benefits to local

businesses - Provide jobs - Tourism for the Moreton Bay region. - Support and facilitate funds to non-

profit sporting groups and clubs.

The benefits to the local community, not-for profit groups and businesses are noted along with an increase in tourism for the region.

Support - provided the noise levels and operating hours continue to be monitored.

The recommendations of this report require detailed noise monitoring for Major Outdoor Events (Concerts) on the site. An OEMP is also required for each major outdoor event and is to include a specific noise management plan and traffic management plan.

Understand the difficulty with sound levels due to changing weather patterns (e.g. wind).

Noted. The recommendations of this report include requirements in regard to Noise Monitoring for Major Outdoor Events (Concert) including the requirement for an on-site weather station to record meteorological conditions during the event. This will assist in determining the speaker location and orientation to assist in minimising noise impacts to surrounding residences.


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Assessment of Submissions Issue Discussion The concerts start and finish on time. Noted. The recommendations of this report include a

requirement to specify operating hours for outdoor events to ensure continued compliance is maintained.

I have attended concerts and have not found the noise excessive. Have also been in areas on the Island when large concerts are on and haven’t been affected by the noise.

Noted, the main concerns have been with noise impacts to surrounding residences, not to patrons attending the events themselves.

The current noise limits are unrealistic and are not within the expectation of paying patrons for a music concert. The noise criteria should be the same as all other outdoor live music venues in QLD; 70DB at the closest resident.

The recommendations of this report include a condition to allow noise levels for Major Outdoor Events (Concerts) to be in accordance with the Environmental Protection Act, being 70 dB(A). Allowing for the Environmental Protection Act noise limits to apply to nine (9) events per year will provide for a noise limit that is appropriate for this type of event at this frequency.

Objection Monitoring of noise levels should be an OLGR responsibility. Who will monitor the noise levels when OLGR have no jurisdiction?

It should be noted that unless the venue is de-licensed in full or in part by the OLGR, the provisions of the Liquor Act will continue to apply. The proposal seeks to obtain approval for nine (9) events per year to be subject to the Environmental Protection Act noise provisions for outdoor events. The recommendations of this report include a detailed condition requiring an independent acoustic expert appointed by Council and funded by the applicant to monitor noise during each Major Outdoor Event (Concert) held on site. This will ensure there is real time monitoring and investigation of complaints raised during the event. The applicant would then need to address any non-compliance issues identified prior to further OEMP’s being issued for other events. The ground of submission does not warrant the refusal of the application.

Traffic chaos has been experienced during previous events by way of increased traffic causing considerable delays.

What monitoring will be undertaken for traffic management and what actions will be taken to rectify any issues.

It is acknowledged that some of the previous events on the site have resulted in significant traffic issues in particular the Strawberry Festival. This was a result of the existing conditions that provide for one OEMP for all events undertaken on site with traffic management based on the number of people anticipated to attend the event. The recommendations of this report include a condition requiring the submission and approval of an OEMP prior to each Major Outdoor Event. The OEMP will be specific to the event as opposed to the current approval which only requires one overall approved event management plan. The OEMP will require a traffic management plan and any issues that arose from previous and/or similar events are to be detailed and addressed. This change will ensure the impacts of each


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Assessment of Submissions Issue Discussion

event are specifically considered and addressed prior to the next OEMP being approved. The ground of submission does not warrant the refusal of the application.

Object to increasing noise levels, method of measuring noise levels to remain unchanged. The area of the land is currently a licensed area and Section 2 of the Environmental Protect Act - 440X for Open-air events states that the decibel levels, which the application is seeking to introduce, do not apply under this section of the Act

This application seeks to amend how noise is managed on this existing approved site with regards to all outdoor events conducted on site to ensure they do no adversely affect existing or potential noise sensitive uses. With regard to concerts it seeks to provide a noise level for a total of nine (9) events to be 70dB(A). The 70dB(A) level is recommended as the default level for outdoor events under the Environmental Protection Act Section 440 X. The object of this legislation is as follows: “The object of this Act is to protect Queensland’s environment while allowing for development that improves the total quality of life both now and in the future, in a way that maintains the ecological processes on which life depends (ecologically sustainable development).” It is noted that unless the venue is de-licensed in full or in part by OLGR the provisions of the Liquor Act will continue to apply. The Environmental Protection Act Section 440X noise level would ordinarily be applicable to an amplified concert such as a Council event in a parkland area whether or not it is surrounded by residential uses. Therefore as a default standard to determine if the use would have an adverse impact on existing and potential noise sensitive uses it is considered reasonable that it be applied in this instance in the Council conditions. The ground of submission does not warrant the refusal of the application.

Why is this application necessary if an outdoor area has already been approved? What are the outdoor sport details e.g. change rooms, clubhouse.

The existing approval is for a Hotel, Shop, Entertainment & Recreation (Indoors) and Entertainment & Recreation (Outdoors). Outdoor events currently undertaken on the site operate in accordance with the Entertainment & Recreation (Outdoors) approval and to an extent, ancillary to the approved Hotel use. A change to the existing approval could not occur, in accordance with the SPA 2009, therefore a new application for the outdoor entertainment component was required to be lodged. The recommended conditions require the original approval to be amended to the effect that all outdoor events are managed under one Development Approval, being the current application under consideration. Through the implementation of the MBRC Planning Scheme, the use is now defined as Outdoor Sport and Recreation.


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Note: concerts etc. fall within this definition. There are no ‘sport’ facilities proposed as this application does not propose this specific type of use. The ground of submission does not warrant the refusal of the application.

Any liquor licence de-registration of the area containing the stage and speakers is contradictory to the intent of the Environmental Protection Act.

Any amendments to the liquor licence, including de-registration of the stage and speaker area, is to be assessed by the OLGR. It is noted Council can provide comments to OLGR regarding these applications. The ground of submission does not warrant the refusal of the application.

Increased and extremely bright night time lighting.

A recommended condition requires an OEMP for each Major Outdoor Event. Details of proposed lighting is required to be provided to ensure surrounding residences are not unduly impacted. The ground of submission does not warrant the refusal of the application.

The Next Generation Neighbourhood Precinct prohibits this type of use.

Outdoor Sport and Recreation is a policy neutral use within the Next Generation Neighbourhood Precinct. Furthermore, the use has existing approval and this application seeks to establish a new regulatory regime for this use including more extensive noise management conditions. This use has been considered on its merits and it is considered to reflect and support the outcomes of the General Residential Zone Code - Next Generation Neighbourhood Precinct. The ground of submission does not warrant the refusal of the application.

Provide details of Council’s afterhours complaints process.

Complaints can be made via Council’s 24 hour call centre service. However, the recommendations of this report include requirements for the OEMP to provide a complaint procedure during events where the applicant must maintain a register of complaints. Conditions require manned monitoring during concert events and provide for complaints to be addressed as received - i.e. turn it down. The noise monitoring conditions also require the independent acoustic expert to investigate any complaints in relation to noise during Major Outdoor Events (Concerts) and further if non-compliance is identified the applicant must then address this matter prior to further OEMP’s being approved for future events. The ground of submission does not warrant the refusal of the application.


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Assessment of Submissions Issue Discussion Major events have already created noise levels inappropriate for a venue situated so close to residential areas, we have to close doors and windows, turn up the tv, turn on air conditioning. OLGR has already issued at least 1 Abatement notice for unreasonable noise levels from 2 concerts.

Currently the closest residential properties to the area of the site used for outdoor events are as follows:

• Spinnaker Sound development on the opposite side of Bribie Island Road and is approximately 40 metres;

• Residential uses on Bribie Island are approximately 880 metres from the use area on site;

• Residential uses in the Sandstone Point residential community are approximately 460 metres from the use area on site.

This application seeks to amend how noise is managed on this existing approved site with regards to all outdoor events conducted on site to ensure they do no adversely affect existing or potential noise sensitive uses. With regard to concerts it seeks to provide a noise level for a total of nine (9) events to be 70dB(A). The 70dB(A) level is recommended as the default level for outdoor events under the Environmental Protection Act Section 440 X. It is noted that unless the venue is de-licensed in full or in part by OLGR the provisions of the Liquor Act will continue to apply. The Environmental Protection Act Section 440X noise level would ordinarily be applicable to an amplified concert such as a Council event in a parkland area whether or not it is surrounded by residential uses. Therefore as a default standard to determine if the use would have an adverse impact on existing and potential noise sensitive uses it is considered reasonable that it be applied in this instance in the Council conditions, particularly given the number of concerts is to be limited. The ground of submission does not warrant the refusal of the application.

The applicant has incorrectly identified the nearest residential property as being 250m away. However there is a new development approved for construction, immediately across Bribie Island Road. These lots will be closer than 250m to the outdoor entertainment area.

The noise levels are measured at the nearest noise sensitive receptor. The noise monitoring will need to demonstrate the levels comply at the nearest sensitive receptor which will vary depending on the setup of the stage/speakers. The recommendations of this report include a condition to monitor noise at specific locations in proximity to sensitive land uses. The ground of submission does not warrant the refusal of the application.

MBRC should work in close cooperation with the State government authorities to determine the implications of the proposal.

The application was referred to the DILGP as DTMR were a concurrence agency to the application. Council staff have met with OLGR a number of times and they have provided third party advice. The ground of submission does not warrant the refusal of the application.


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Assessment of Submissions Issue Discussion Intermittent events have not occurred - more frequent outdoor events have occurred on the site under the existing approval.

The current approved use on the site provides for twelve (12) outdoor events to be held each year on the site. In addition outdoor activities have occurred on the site as an ancillary activity to the hotel, this has led to confusion in the community as to what constitutes an event under the current approval. The recommendations of this report provide for a new regulatory regime for outdoor events on the site to address this issue and is summarised as follows:

• Nine (9) major outdoor events (concerts) • Any outdoor activity on site that results in more than

3000 people being on site at any one time will be classified as a major outdoor event and will require an OEMP; and

• Any outdoor activity on site that has less than 3000 people on site at any one time and less than 70 dB(A) will be classified as a minor outdoor event and will not require an OEMP.

This will ensure that there is clarity as to what is an outdoor event and the conditions that are applicable to those activities and effectively addresses the ground of the submission. The ground of submission does not warrant the refusal of the application.

Proposal for concerts to be held in the middle of a quiet residential area, the reason many residents live here. We were here first.

The site has an existing approval for Material Change of Use - Development Permit for a Hotel, Shop, Entertainment and Recreation (Indoors) and Entertainment and Recreation (Outdoors) (DA/26871/2012/V2K) that allows concerts and a range of other outdoor events to occur on the site. Concerts have been occurring on the site since the venue became operational. This application provides for a new regulatory regime with respect to outdoor events that provides for more effective management of these activities on the site. Better management will result in improvements to the outcomes for existing residents in the surrounding residential areas. It should also be noted that there are a number of different uses approved on this site, including an associated short-term accommodation use in an adjoining six (6) storey ‘Motel’ building containing 50 rooms and a Caravan Park including 150 sites. The ground of submission does not warrant the refusal of the application.

The proposal to increase the noise level will decrease the value of my home.

Noted. However, property valuation is not a town planning matter.


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Further it should be noted that there are existing approvals in place that provide for this activity. The ground of submission does not warrant the refusal of the application.

Approval of 70 dB(A) maximum noise level will create a certainty of many more complaints about unreasonable noise levels and will create uncertainty on how to manage the noise.

The recommendations of this report include a condition to allow for Major Outdoor Events (Concerts) to have a noise level of 70 dB(A) for only nine (9) events per year. This defined level for a specific number of concert events will create greater certainty for Council, the applicant and surrounding residents as to the anticipated noise level for these nine (9) events. Additional conditions are recommended regarding noise monitoring to ensure that during events attended and unattended monitoring occurs. If complaints are received during the concert event the levels can be checked and immediate contact made with the applicant will require the levels to be reduced to 70 dB(A). The applicant will still be responsible for complying with all other approvals that exist over the site including the requirements of OLGR in relation to Liquor Licensing. The ground of submission does not warrant the refusal of the application.

Live near the site and have been detrimentally impacted on a number of occasions by the noise from outdoor concerts, particularly with prevailing winds from the southeast.

The site has an existing approval for Material Change of Use - Development Permit for a Hotel, Shop, Entertainment and Recreation (Indoors) and Entertainment and Recreation (Outdoors) (DA/26871/2012/V2K) that allows concerts and a range of other outdoor events to occur on the site. Concerts have been occurring on the site since the venue became operational The recommendations of this report include requirements in relation to a new regulatory regime for the conduct of outdoor events on the site. This will provide for real time monitoring of noise during Major Outdoor Events (Concerts). It also includes a requirement for a weather station to be installed during events. Further if non-compliance occurs the applicant is responsible for ensuring this is addressed prior to any further OEMP’s being approved for the site. This will ensure that valid complaints regarding noise are appropriately addressed. The ground of submission does not warrant the refusal of the application.

There are engineering solutions to most problems and the hotel should be required to find and implement solutions to the noise.

The recommendations of this report include requirements for the applicant to mitigate any non-compliance detected for a Major Outdoor Event (Concert) prior to the approval of any further OEMP’s for activities on the site.


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The ground of submission does not warrant the refusal of the application.

Often vibration and frequency are not measurable but increase with higher/louder decibel levels.

The recommendations of this report include detailed requirements with respect to how noise is to be measured during Major Outdoor Events (Concerts) this addresses the ground of submission. The ground of submission does not warrant the refusal of the application.

Who is going to ensure that immediate action can be taken during an event if the noise limits are being exceeded.

What monitoring will be undertaken for unreasonable noise emissions and what actions will be taken to rectify any issues? There are no stated noise mitigation measures to be implemented and who is going to ensure that each event will be designed, set up and operated to achieve the singular noise limit at all sensitive receptors.

The recommendations of this report include a condition under which Council will appoint a suitably qualified consultant, funded by the Applicant, to undertake a comprehensive noise monitoring program and provide a detailed Noise Monitoring Report for each Major Outdoor Event (Concert). If a non-compliance with the noise limit is observed then the monitoring person is to immediately contact the concert sound level controller (at the mixing desk) to have the noise level reduced to meet the levels stated in the condition. Results of any complaint investigation undertaken on the day of the event is also to be included in the consultants monitoring report. The applicant is required to respond to the noise monitoring report with particular regards to any non-compliance matters and any additional measures or procedures to address non-compliance with noise limits. Future OEMP’s are to incorporate mitigation measures and are to be approved by Council. An approved OEMP is required prior to any Major Outdoor Event occurring. The ground of submission does not warrant the refusal of the application.

Is the use over the allowed 2ha? The application is for a Material change of Use - Development Permit for Outdoor Sport and Recreation the plan accompanying the application shows a 2 ha area over which this use can occur. If the application is approved by Council the use can occur throughout this area of the site in accordance with the approved plan. It should be noted that the applicant under the existing approval has a total of 2 ha approved for the purpose of Entertainment and Recreation (Outdoors) therefore there is no increase in the area of the site that can be utilised for this purpose under this application. The ground of submission does not warrant the refusal of the application.

Reference to non-compliance with the Recreation and Open Space Zone Code.

The site is located within the General Residential Zone - Next Generation Neighbourhood; and the Rural Zone. Therefore the relevant zone codes have been used in the


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assessment of this application, not the Recreation and Open Space Zone Code. The ground of submission does not warrant the refusal of the application.

If this DA is approved the original DA should be cancelled so that there is no possible conflict between the two DA’s.

The application seeks to establish a new regulatory regime in relation to the existing approved use of the site. A change to the original approval was not permitted in accordance with the SPA 2009 in terms of the applicant’s proposal. However, the recommendations of this report include a condition requiring the applicant to amend the existing approval to delete the Entertainment and Recreation (Outdoors) component to ensure only one approval exists for outdoor events. A change to the existing approval of this nature would be compliant with section 367 (permissible change) of SPA2009. The ground of submission does not warrant the refusal of the application.

I request this application be refused and consideration be given to change the existing approval cancelling the Entertainment and Recreation (Outdoors) component and that the Sandstone Point Hotel apply as needed to operate any individual outdoor events to the appropriate body - MBRC or OLGR.

The applicant is seeking to establish a new regulatory regime in relation to the conduct of outdoor events on the site. The site has an existing approval for these activities and this cannot be changed or cancelled by Council without a request from the applicant. The applicant has made the correct application to operate an Outdoor Sport and Recreation on the site in accordance with the MBRC Planning Scheme. The site has an existing approved Liquor Licence from OLGR and no further approvals are required in this regard. The ground of submission does not warrant the refusal of the application.

Any increase in volume would seriously impact the resident’s quality of life.

The area of the site permitted to be used for the purpose of Outdoor Sport and Recreation remains the same as the current approval being 2 ha. The number of Major Outdoor Events (Concerts) has been reduced from twelve (12) events to nine (9) events. The noise requirements in relation to the nine (9) Major Outdoor Events (Concerts) is proposed to be 70dB(A) as per the recommended level in the Environmental Protection Act for outdoor activities. This is the level that should be applied for these events and considered in terms of the potential impacts on surrounding residents.


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The recommendations of this report include requirements for real time monitoring of Major Outdoor Events (Concerts) by an independent expert to ensure compliance with required noise levels during these events. All other events on site are to have a sound pressure level of background noise + 10 dB(A). While there will be no limitation on the number of outdoor events (other than those limited to 70 dB(A)) an event management plan is required to be approved by Council prior to any Major Outdoor Event being held. Further each OEMP is informed by previous events to continually ensure future events address any emergent issues. The ground of submission does not warrant the refusal of the application.

This is not a material change of use, it is an increase in the volume of the entertainment.

The proposal could not be considered as a permissible change to the existing approved use under the Sustainable Planning Act, therefore an application for Material Change of Use was required. The application has been publicly notified and provides submitters with third party appeal rights to the Planning and Environment Court in relation to any decision that Council may make on the application. The ground of submission does not warrant the refusal of the application.

There needs to be a barrier to prevent the escape of noise, but this would impede the views from the hotel to the bridge.

The recommendations of this report include conditions that require noise mitigation measures to be considered and implemented by the applicant if there are instances of non-compliance with the recommended noise levels. The form these mitigation measures may take would be subject to assessment at the time of the non-compliance. The recommendations of this report do not include a requirement for a permanent barrier to be erected in this location based on Council’s assessment of the application. The ground of submission does not warrant the refusal of the application.

As a submitter to the original application, I thought I would receive notification of any further applications on the site.

As part of the public notification requirements outlined in the Sustainable Planning Act 2009, the applicant must publish a notice at least once in a newspaper circulating generally in the locality of the land. The provision of an advertisement in the Caboolture Herald is considered appropriate and in accordance with the SPA public notification provisions.


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If there is any connection between the Sandstone Point Hotel and any MBRC Councillors or staff then this must be made public.

MBRC staff and Councillors are required to declare any conflicts of interest. The ground of submission does not warrant the refusal of the application.

I am happy with the noise levels so far but would have to object strongly to any increase in that area.

The noise requirements in relation to the nine (9) Major Outdoor Events (Concerts) is proposed to be 70dB(A) as per the level in the Environmental Protection Act for outdoor activities. This is the level that should be applied for these events and considered in terms of the potential impacts on surrounding residents. The ground of submission does not warrant the refusal of the application.

Will sea planes be landing every day and where will they land without disturbing all the recreational boating and birdlife etc.?

This is not part of the current application being considered by Council. The ground of submission does not warrant the refusal of the application.

How will the sale of liquor be controlled? The sale and consumption of liquor on the site is not a town planning matter and will be regulated by any liquor licence over the site, approved by OLGR. No changes to current practices are proposed as a result of the application. The ground of submission does not warrant the refusal of the application.

No information is provided regarding facilities (e.g. toilets) for potentially large crowds.

A recommended condition requires the provision of an OEMP for each Major Outdoor Event held on site. The OEMP will be specific to the particular event and will include detailed information regarding facilities, including the provision of toilets. The ground of submission does not warrant the refusal of the application.

Emergency vehicle access is restricted with the increase in vehicles on the road system.

Bribie Island Road is a State controlled road. DTMR have assessed the application and given their approval. Furthermore, an Outdoor Event Management Plan is required for each Major Outdoor Event on the site. Each individual OEMP is required to include a traffic management plan and liaison with relevant State parties, including DTMR, QPS and other emergency services.


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Clearing of land for the Hotel can only have had a negative effect on noise buffering, this could be further impacted as the development of the site continues and more hard surfaces are established.

The current application does not involve any additional areas of the site being utilised for the purpose of Outdoor Sport and Recreation. This proposal will not result in additional clearing of the site. The ground of submission does not warrant the refusal of the application.

Speakers and staging projects the noise towards the Sandstone Point community with amplified output carrying much farther than the Sandstone Point Hotel property boundaries.

The recommendations of this report include conditions to ensure that any non-compliance with noise criteria is addressed by the applicant prior to any further OEMP’s being approved for the site. This may include adjustments to the orientation of speakers and the stage to reduce impacts on surrounding residential areas. The ground of submission does not warrant the refusal of the application.

If this application is approved it will create uncertainty of lodging noise complaints and uncertainty in enforcing them.

The recommendations of this report include conditions that detail a rigorous regulatory framework for the site to overcome the ambiguity of the current approvals and clearly defined responsibilities with respect to monitoring and enforcement of noise levels on site. In particular, a detailed condition requires an independent acoustic expert, appointed by Council and funded by the applicant, to monitor noise during each Major Outdoor Event (Concert) occurring on site. This will ensure there is real time monitoring and investigation of complaints raised during the event. The applicant would then need to address any non-compliance issues identified prior to further OEMP’s being issued for other events. The ground of submission does not warrant the refusal of the application.

Rock concerts, rodeos and the like are not consistent with the defined permitted use of Outdoor Sport and Recreation.

Outdoor Sport and Recreation is defined as: Premises used for a recreation or sport activity that is carried on outside a building and requires area of open space and may include ancillary works necessary for safety and sustainability. The use may include ancillary food and drink outlet(s) and the provision of ancillary facilities or amenities conducted indoors such as changing rooms and storage facilities. The Woodfordia event is an example of this proposed use. The proposal to use the site for outdoor entertainment and events, is considered to accord with the defined Outdoor Sport and Recreation use. The ground of submission does not warrant the refusal of the application.


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Assessment of Submissions Issue Discussion Approval of the 70 dB(A) noise level would be a direct contradiction to the Department of Environment and Heritage Protection’s Noise Measurement Manual that prescribes the processes required to measure noise in accordance with the Environmental Protection Regulation 2008 (EP reg) under section 71 and 72. Under the heading Responsibilities of ‘Authorised Persons’ the manual states clearly who is responsible for certain situations. In Table 2 it clearly specifies that any licensed area is the responsibility of OLGR - not Council.

Unless the venue is de-licensed in full or in part by OLGR the provisions of the Liquor Act will continue to apply. The Environmental Protection Act Section 440X noise level would ordinarily be applicable to an amplified concert such as a Council event in a parkland area, whether or not it is surrounded by residential uses. Therefore as a default standard to determine if the use would have an adverse impact on existing and potential noise sensitive uses it is considered reasonable that it be applied in this instance in the Council conditions The ground of submission does not warrant the refusal of the application.

MBRC does not have any after-hours complaint processes in place so any noise complaint would have to be lodged with the police. A complaint could be lodged with MBRC on the first available business day after the event, but this would not resolve the immediate concern, and would be hard to enforce after the event where MBRC had to rely on the hotel’s monitoring system records.

The recommendations of this report include conditions with respect to monitoring during Major Outdoor Events (Concerts) and requires the applicant to have a complaint process as part of the OEMP to deal with issues as they may arise during an event. The independent acoustic consultant appointed by Council will investigate any noise complaint received on the day of the event. They will also prepare a report on the results of any investigation that they have undertaken. The recommendations require the applicant to respond to an non-compliance identified during the event prior to the approval of any further OEMP’s for the site. The recommendations of this report address the ground of submission.

This DA cannot be approved without changing the zoning.

Sites cannot be rezoned. The application is applying for an Outdoor Sport and Recreation use to be approved in the General Residential Zone - Next Generation Neighbourhood Precinct. The ground of submission does not warrant the refusal of the application.

Council needs to be very clear on what constitutes an event.

The recommended approval conditions seek to clarify what constitutes an event and the difference between a Minor Outdoor Event and a Major Outdoor Event and Major Outdoor Event (Concert). It is noted that any event held outdoors on the site will be covered by this approval and will not be included as ancillary to the Hotel use as is the case with the current approval. The ground of submission does not warrant the refusal of the application.

The proposed outdoor area is a different shape to the existing approved outdoor area. Why is it now larger than the original DA’s approved 2ha outdoor area?

The applicant has adjusted the area of the use to reflect the areas being used for outdoor events the total area remains 2 ha.


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Refuse the application or at least impose conditions that will contain noise within the boundaries of the hotel so as not to impact detrimentally on many local residents.

The recommendations of the report with respect to noise address the ground of submission as they provide for improved monitoring and compliance during events. The ground of submission does not warrant the refusal of the application.

2.7.3 Notice of Compliance The Notice of Compliance was received by Council on 17 August 2016. The Notice of Compliance identifies that public notification requirements for the application were correctly undertaken in accordance with the Sustainable Planning Act 2009 requirements.

3. Strategic Implications 3.1 Legislative/Legal Implications

The applicant (and submitter(s)) have appeal rights in accordance with the Sustainable Planning Act 2009.


Creating Opportunities: Well-planned growth - a sustainable and well-planned community.

3.3 Policy Implications The proposal is consistent with the existing Moreton Bay Regional Council planning provisions and relevant Moreton Bay Regional Council policies.

3.4 Risk Management Implications

Not applicable 3.5 Delegated Authority Implications

Not applicable. 3.6 Financial Implications

In the event that an appeal is made to the Planning & Environment court against Council’s decision, the Council will incur additional costs in defending its position.

3.7 Economic Benefit Appropriate development supports the growing Moreton Bay region.

3.8 Environmental Implications

New development contributes to sustainable management and protection of the natural environment in the region through compliance with the planning scheme policies and provisions.


Appropriately designed and located development contributes to diverse, vibrant and safe communities and facilities.

3.10 Consultation / Communication Refer to clause 2.7.


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SUPPORTING INFORMATION Ref: A15196547; A15203402 The following list of supporting information is provided for: ITEM 2.3 DA/31643/2016/V2Q - MATERIAL CHANGE OF USE - DEVELOPMENT PERMIT FOR OUTDOOR SPORT AND RECREATION SITUATED AT 1780-1820 BRIBIE ISLAND ROAD, SANDSTONE POINT ON LAND DESCRIBED AS LOT 6 SP281368 - DIVISION 1 #1 Locality Plan #2 Zoning Map - MBRC Planning Scheme #3 Site Plan, dated June 2016, drawn by KP Architects #4 DILGP - DTMR Concurrence Agency Response #5 Submissions (provided as a separate document to the agenda)

#5a Submissions Properly Made

#5b Submissions Not Properly Made


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Moreton Bay Regional Council ITEM 2.3 - DA/31643/2016/V2Q - MATERIAL CHANGE OF USE - DEVELOPMENT PERMIT FOR OUTDOOR SPORT AND RECREATION SITUATED AT 1780-1820 BRIBIE ISLAND ROAD, SANDSTONE POINT ON LAND DESCRIBED AS LOT 6 SP281368 - DIVISION 1 (Cont.)

#1 Locality Plan


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#2 Zoning Map - MBRC Planning Scheme


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#3 Site Plan, dated June 2016, drawn by KP Architects


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#4 DILGP - DTMR Concurrence Agency Response


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#5 Submissions - List

Submissions Properly Made Support 35 Object 43 Petition - Object (including 3 signatures) 1 Total Properly Made 79 Not Properly Made Support 14 Object 5 Total Not Properly Made 19

Total number of submissions 98

Properly Made (79) Submitter Name Address Support (35)

1 Arthy, M Sparrow Early Learning, Sandstone Point (53 Bestmann Road East, Sandstone Point)

2 Borg, G 19 Howard Court, Sandstone Point 3 Brittain, M 108 Bellara St, Bellara (supplier/business) 4 Brown, M 16 Howard Court, Sandstone Point 5 Cockinos, R Bribie Island (Bribie Island Chamber of Commerce) 6 Coroingley, R & E 77 Cotterill Ave, Bongaree 7 Deane, M 53 Voyagers Drive, Banksia Beach 8 Egan, B 35 Clark Terrace, Sandstone Point 9 Fence World Pty Ltd c/- Old, A Caboolture (supplier/business)

10 Gome, J NSW (APRA AMCOS) 11 Grimes, S 84 Northlink Place, Virginia (supplier/business) 12 Harrison, B 69 Endeavour Drive, Banksia Beach 13 Kirk, S & V 39 Topsail Circuit, Banksia Beach 14 McDonald, D 63 Sweeney Road, Miners Rest (supplier/business) 15 McKewin, L 14 Howard Court, Sandstone Point 16 McMaster, B 25 Benabrow Ave, Bellara (business address) 17 McMaster, C 13 Relesah Drive, Ningi 18 Mengel, A Cnr Sylvan Beach Esplanade & Marina Boulevard,

Banksia Beach (Pacific Harbour - business address) 19 Mengel, M 131-133 Welsby Parade, Bongaree (On the Bay -

business address) 20 Mitchell, A 12 Hawaii Crescent, Banksia Beach 21 Mole, G 16 Warana Avenue, Bellara 22 Newcombe, S 55 Miller St, Kippa Ring (MBRIT - business address) 23 O’Hara, S 1/19 Benabrow Avenue, Bribie Island (ANZ - business

address) 24 Overton, J Bribie Island (Bribie Island Rugby League Football Club

Inc) 25 Parker, S 11 Pandanus Street, Bellara 26 Pasqualone, C 25 Hazell Avenue, Banksia Beach 27 Pasqualone, E & H 18b Woodrow Place, Figtree 28 Pasqualone, T 25 Hazell Avenue, Banksia Beach 29 Penman, M 11 Nungo Avenue, Bellara


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30 Pert, C 53 Voyagers Drive, Banksia Beach 31 Pollitt, G 3A 268 South Pine Road, Enoggera (Twisted Pair

Productions - business address) 32 Skinner, B Marine Parade, Bellara (Marine Rescue, Bribie Island -

business address) 33 Stevens, D 26 Bishop Parade, Toorbul 34 Tutt, D 13 Georgia Street, Godwin Beach 35 Zaccaria, J 84 Brewers Street, Perth (Zaccaria Concerts & Touring -

business address) Object (43)

36 Anderson, V 9 Nannawarra Avenue, Bribie Island 37 Barnulf, L&S 11 Howard Court, Sandstone Point 38 Carr, K 3 York Street, Sandstone Point 39 Carr, K J 3 York Street, Sandstone Point 40 Catalan, K 2/23 Spowers Street, Bongaree 41 Cayford, F 12/8a Spinnaker Drive, Sandstone Point 42 Coburn, P & I 18/8a Spinnaker Drive, Sandstone Point 43 Ferguson, D & S 10 Howard Court, Sandstone Point 44 Fraser, J & S 26 Howard Court, Sandstone Point 45 Gordon, G 4/5 Clark Terrace, Sandstone Point 46 Harrison, C 7 Chiltern Place, Sandstone Point 47 Hayman, G V 17 Loftus Place, Sandstone Point 48 Hearn, D 8 Clark Terrace, Sandstone Point 49 Hearn, K 8 Clark Terrace, Sandstone Point 50 Hopegood, E 40 Clark Terrace, Sandstone Point 51 Hopegood, J 40 Clark Terrace, Sandstone Point 52 Hopegood, M 40 Clark Terrace, Sandstone Point 53 Knox, J R 6 Gordon Crescent, Sandstone Point 54 Knox, V 6 Gordon Crescent, Sandstone Point 55 Leishman, R & J 22/8a Spinnaker Drive, Sandstone Point 56 Macpherson, E 2 Kingfisher Drive, Bongaree 57 Martin, D 81 Lachlan Crescent, Sandstone Point 58 McMahon, B P 50 Carpenter Way, Sandstone Point 59 McMahon, F A 50 Carpenter Way, Sandstone Point 60 Mockridge, I Unit 1 Sylvan Beach Resort, 21-27 Sylvan Beach

Esplanade, Bribie Island 61 Mundt, B 5 York Court, Sandstone Point 62 Park, K E 8 Green Street, Banksia Beach 63 Partridge, M B2/10 Spinnaker Drive, Sandstone Point 64 Richards, J J 43 Clark Terrace, Sandstone Point 65 Richards, R 1 Seafarer Court, Sandstone Point 66 Robinson, D 8 Howard Court, Sandstone Point 67 Robinson, W 8 Howard Court, Sandstone Point 68 Rothemund, G 7 Chartwell Place, Sandstone Point 69 Skene, M 39 Clark Terrace, Sandstone Point 70 Smith, A 39 Clark Terrace, Sandstone Point 71 Summers, M 18 Howards Court, Sandstone Point 72 Thompson, J 239 Welsby Parade, Bongaree 73 Tucker, R & L Y 6 Palm Avenue, Bongaree 74 Vlajic, P & C 124 Bestmann Road East, Sandstone Point 75 Wilcox, G 12 Howard Court, Sandstone Point 76 Wilcox, L 12 Howard Court, Sandstone Point 77 Williamson, K 41 Clark Terrace, Sandstone Point 78 Williamson, M 41 Clark Terrace, Sandstone Point


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ITEM 2.3 - DA/31643/2016/V2Q - MATERIAL CHANGE OF USE - DEVELOPMENT PERMIT FOR OUTDOOR SPORT AND RECREATION SITUATED AT 1780-1820 BRIBIE ISLAND ROAD, SANDSTONE POINT ON LAND DESCRIBED AS LOT 6 SP281368 - DIVISION 1 (Cont.)

Petition - Object (1)

79 Styman, S (3 names) 127 Welsby Parade, Bongaree

237 Welsby Parade, Bongaree

237 Welsby Parade, Bongaree

Not Properly Made (19)

Submitter Name Address

Support (14)

80 Albarn, A Sandstone Point

81 Arthy, M Sandstone Point

82 Beverley Sandstone Point

83 Brown, P (Bribie Island)

84 Dunne, R Supplier/Business

85 Durbidge, A Bribie Island (SLSC rep)

86 Hill, W Sandstone Point

87 Jones, J QLD Festivals and Events

88 Leanord, R P 5th Avenue Bongaree

89 Lono, L Sandstone Lakes

90 McDowell, D McDowell

91 Pickering, C Bellara

92 Scott, P 132 Avon Avenue, Banksia Beach (B&B)

93 Shiell, P G Supplier/Business

Object (5)

94 Anonymous Close to Sandstone Point Hotel

95 Barraclough, L 13 Orchid St, Bellara

96 Beale, P 107/8 Spinnaker Drive, Sandstone Point

97 Robertson, J Spinnaker Drive, Sandstone Point

98 Spinnaker Blue Body Corporate Committee

8A Spinnaker Drive, Sandstone Point

Refer to separate document for detailed Submissions


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3 CORPORATE SERVICES SESSION (Cr Adrian Raedel) ITEM 3.1 QUARTER 3 OPERATIONAL PLAN AND BUDGET REVIEW 2016/17- REGIONAL Meeting / Session: 3 CORPORATE SERVICES Reference: A15210082 : 10 May 2017 - Refer Supporting Information A15209087 Responsible Officer: DW, Coordinator Accounting Services (CEO Accounting Services) Executive Summary The purpose of this report is to present the Quarter 3 Operational Plan and Budget Review for 2016/17. OFFICER’S RECOMMENDATION 1. That the Quarter 3 Operational Plan and Budget Review for 2016/17, along with the proposed budget

amendments as contained within the supporting information to this report, be adopted.

2. That it be noted the revised budget is in a balanced position at the conclusion of the Quarter 3 Operational Plan and Budget Review.


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Moreton Bay Regional Council ITEM 3.1 QUARTER 3 OPERATIONAL PLAN AND BUDGET REVIEW 2016/17- REGIONAL - A15210082 (Cont.)

REPORT DETAIL 1. Background The Quarter 3 operational plan review represents the Councils third opportunity to assess the progress and performance of its services according to its operational plan. The services listed have specific Key Performance Indicators (KPI’s) outlined for the 2016/17 financial year with accompanying commentary toward the achievement of those KPI’s as at the end of the third quarter. Information pertaining to the operational revenues and expenses of each service is provided along with details on the progress of any capital and/or operating projects. 2. Explanation of Item The third quarter budget review is the third opportunity to revisit the Council’s budget and propose amendments to services and projects as a result of events and circumstances that have occurred or are anticipated to occur over the remainder of the financial year given any change in priorities. Budget Synopsis

• The forecast revised operating surplus increases from $59.9 million to $60.0 million. • Capital expenditure decreases by $1.9 million. • Council’s budget at the end of Quarter 3 will be balanced.

Operating Revenues Overall operating revenues are forecast to increase by $1.6 million. This has primarily been driven by:

• an increase of $1.5 million in development application fees based on activity to date and expected revised forecasts until end of the financial year.

• an increase of $900,000 in investment income as a result of revised forecasts, attributed to increased cash holdings due to the slow spend of capital and operational expenditure.

• this has been offset by decreases of $850,000 in user fees and charges primarily relating to the

revised fee structure that separated building and rates search options and a decrease in activity of such fees.

Operating Expenditure Overall operating expenses are forecast to increase by $1.6 million. The increase is primarily due to:

• An amendment is proposed to increase the water and sewerage utility expenses budget by $850,000. This amendment is required as the original budget adopted for 2016/17 was under estimated.

• an increase of $680,000 in legal costs due to additional funds required for general legal and planning expenses expected to be incurred by the end of this financial year.

Operating position The revised budgeted operating position of Council is now proposed to be a surplus in the amount of $60.0 million. Capital Revenue and Expenses Capital expenditure is proposed to decrease by $1.9 million. The decrease is generally attributable to numerous projects whereby funding has been reduced due to deferral of projects.


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A summary of some of the major movements are as follows:

• QSEC - Stable - ($2.4 million) - decrease in capital expenditure due to deferral of project. • Dakabin - Old Gympie Rd and Boundary Road Intersection - ($1.2 million) - decrease in capital

expenditure due to deferral of project. However this has been offset by increases in project funds required such as:

• Bongaree - Benabrow Avenue - Bicycle and Shared path lane ($880,000) - due to the tendered cost greater than the original budget allocation.

• Deception Bay - Maine Terrace - Road Rehabilitation - ($600,000) - due to the tendered cost being greater than the original budget allocation with no opportunity to further reduce scope of works.

• Rothwell - Nathan Road - Sporting Stage 1 - ($375.000) - due to increase costs to complete project.

Capital revenues are proposed to increase by $2.3 million which relates to additional infrastructure cash contributions that have been increased due to actuals to date and the expected revised amount until the end of the financial year. At the conclusion of Quarter 3 the Councils budget will be in a balanced position. 3. Strategic Implications 3.1 Legislative/Legal Implications

Chapter 5, Part 2, section 174 of the Local Government Regulation 2012, states the following: (2) The local government may, but need not, adopt the annual operation plan for a financial year at

the same time the local government adopts its budget for the financial year. (3) The chief executive officer must present a written assessment of the local government’s progress

towards implementing the annual operational plan at meetings of the local government held at regular intervals of not more than 3 months.

(4) A local government may, by resolution, amend its annual operational plan at any time before the

end of the financial year. (5) A local government must discharge its responsibilities in a way that is consistent with its annual

operational plan.

3.2 Corporate Plan / Operational Plan Strengthening Communities: Strong local governance - strong leadership and governance.

3.3 Policy Implications Nil

3.4 Risk Management Implications The Council is subject to numerous risks associated with revenue and expenses that can impact upon Councils financial performance and position. The quarterly operational plan and budget reporting process assists in minimising the financial risks.

3.5 Delegated Authority Implications Nil

3.6 Financial Implications The revised budgeted operating position of Council is a surplus in the amount of $60.0 million and the budget is in a balanced position.


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3.7 Economic Benefit

Nil

3.8 Environmental Implications Nil


Nil

3.10 Consultation / Communication Councillors, CEO, Directors, Managers and officers involved in the quarterly review process.


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SUPPORTING INFORMATION Ref: A15209087 The following list of supporting information is provided for: ITEM 3.1 QUARTER 3 OPERATIONAL PLAN AND BUDGET REVIEW 2016/17- REGIONAL #1 Quarter 3 Operational Plan and Budget Review 2016/17


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Quarter 3

Operational Plan and Budget Review

2016/17

ITEM 3.1 - QUARTER 3 OPERATIONAL PLAN AND BUDGET REVIEW 2016/17- REGIONAL (Cont.)


#1 Quarter 3 Operational Plan and Budget Review 2016/17


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Quarter 3 Review Operational Plan and Budget 2016/17

2 One Page Statement - Council

One Page Statement - Council

Line

No.Original Budget

Revised Budget

Actuals to end of

Quarter

Proposed Q3 Operational Plan Budget Amendments

Proposed Q3 Infrastructure

Projects Budget

Amendments

Total of all proposed Q3 amendments

Proposed New Revised Budget

1 Operating Summary2 Operating revenues3 Rates & utility charges $273,440,224 $273,440,224 $207,640,955 $0 $0 $0 $273,440,224

4 User fees and charges $37,291,125 $36,275,180 $29,474,086 $687,562 $0 $687,562 $36,962,742

5 Interest revenue $42,520,078 $43,445,078 $33,351,748 $900,000 $0 $900,000 $44,345,078

6 Operating grants and subsidies $18,639,277 $18,982,797 $13,842,845 $148,716 $9,091 $157,807 $19,140,604

7 Other revenues $30,505,764 $31,367,230 $30,216,218 ($83,005) $0 ($83,005) $31,284,225

8 Share of profit of associate $34,988,000 $34,988,000 $50,668,500 $0 $0 $0 $34,988,000

9 Community Service Obligations $0 $0 $0 $0 $0 $0 $0

10 Total operating revenue $437,384,468 $438,498,509 $365,194,351 $1,653,273 $9,091 $1,662,364 $440,160,873

11 Operating expenses12 Employee expenses $132,912,303 $131,131,170 $88,418,084 ($264,890) $0 ($264,890) $130,866,280

13 Materials and services $130,649,720 $131,402,306 $85,435,658 $2,272,823 $0 $2,272,823 $133,675,129

14 Operational project expenses $8,250,484 $10,417,627 $5,200,486 ($55,392) ($367,730) ($423,122) $9,994,505

15 Expensed capital $1,000,000 $1,000,000 $1,379,232 $0 $0 $0 $1,000,000

16 Finance costs $1,188,636 $1,187,636 $849,502 $0 $0 $0 $1,187,636

17 Interest expense on loans $23,449,304 $23,449,304 $17,586,457 $0 $0 $0 $23,449,304

18 Depreciation and amortisation $79,990,840 $79,990,840 $64,036,237 $0 $0 $0 $79,990,840

19 Competitive neutrality adjustments $0 $0 $0 $0 $0 $0 $0

20 Total operating expenses $377,441,287 $378,578,883 $262,905,656 $1,952,541 ($367,730) $1,584,811 $380,163,694

21 Operating surplus/(deficit) $59,943,181 $59,919,626 $102,288,695 ($299,268) $376,821 $77,553 $59,997,179

22 Capital revenues and expenses23 Infrastructure cash contributions $22,000,000 $22,000,000 $22,979,249 $3,000,000 $0 $3,000,000 $25,000,000

24 Contributed assets and assets not previously recognised $40,227,000 $40,227,000 $27,716,571 $0 $0 $0 $40,227,000

25 Grants, subsidies and other contributions $18,382,478 $24,096,792 $18,499,151 $0 ($697,958) ($697,958) $23,398,834

26 Investment property revaluations $0 $0 $0 $0 $0 $0 $0

27 Property, Plant Equipment Revaluations $0 $0 $0 $0 $0 $0 $0

28 The gain or (loss) on infrastructure offsets $0 $0 $194,734 $0 $0 $0 $0

29 The gain or (loss) on the sale of assets $0 $20,000 ($6,705,504) $0 ($150,000) ($150,000) ($130,000)

30 Total capital revenues $80,609,478 $86,343,792 $62,684,201 $3,000,000 ($847,958) $2,152,042 $88,495,834

31 Increase/(decrease) in operating capability $140,552,659 $146,263,418 $164,972,896 $2,700,732 ($471,137) $2,229,595 $148,493,013

32 Appropriations33 Transfer capital revenues to capital account ($58,609,478) ($64,343,792) ($39,704,952) $0 $847,958 $847,958 ($63,495,834)

34 Share of profit of associate - Capital ($9,430,000) ($9,430,000) ($31,500,000) $0 $0 $0 ($9,430,000)

35 Transfers (to) reserves ($22,403,401) ($22,403,401) ($22,979,249) ($3,000,000) $0 ($3,000,000) ($25,403,401)

36 Transfers from reserves for operating purposes $2,195,432 $2,195,432 $9,674 $0 $0 $0 $2,195,432

37 General Revenue used for capital purposes ($52,305,212) ($54,031,098) ($22,131,274) $307,826 ($385,379) ($77,553) ($54,108,651)

38 Total Appropriations ($140,552,659) ($148,012,859) ($116,305,801) ($2,692,174) $462,579 ($2,229,595) ($150,242,454)

39 Unappropriated surplus/(deficit) for the year $0 ($1,749,441) $48,667,095 $8,558 ($8,558) $0 ($1,749,441)

40 Unappropriated surplus/(deficit) from the previous year $0 $1,749,441 $1,749,441 $0 $0 $0 $1,749,441

41 Unappropriated surplus/(deficit) position $0 $0 $50,416,536 $8,558 ($8,558) $0 $0

42 Capital Funding Sources43 Capital Funding Balance Brought Forward $0 $4,270,406 $4,270,406 $0 $0 $0 $4,270,406

44 General Revenue used for Capital Purposes $52,305,212 $54,031,098 $22,131,274 ($307,826) $385,379 $77,553 $54,108,651

45 Capital grants and subsidies received $18,382,478 $24,096,792 $18,499,151 $0 ($697,958) ($697,958) $23,398,834


47 Loans received $21,630,288 $21,630,288 $0 $0 $0 $0 $21,630,288

48 Funds received from assets sales $19,700,000 $19,720,000 $15,220,478 $0 ($150,000) ($150,000) $19,570,000

49 Transfers from reserves for capital purposes $24,562,410 $21,868,120 $9,434,472 $0 ($1,091,005) ($1,091,005) $20,777,115

50 Depreciation and amortisation funded in the year $79,990,840 $79,990,840 $64,036,237 $0 $0 $0 $79,990,840

51 Transfer of asset sales to reserve ($17,900,000) ($17,900,000) ($13,674,377) $0 $0 $0 ($17,900,000)

52 (Capital funding balance carried forward) $0 $0 $0 $0 $0 $0 $0

53 Total capital funding sources $238,898,228 $247,934,544 $147,634,213 ($307,826) ($1,553,584) ($1,861,410) $246,073,134

54 Capital funding applications55 Capital expenditure $173,806,260 $182,842,576 $101,396,161 ($307,826) ($1,553,584) ($1,861,410) $180,981,166


57 Loan redemption $24,864,968 $24,864,968 $18,521,481 $0 $0 $0 $24,864,968

58 Total capital funding applications $238,898,228 $247,934,544 $147,634,213 ($307,826) ($1,553,584) ($1,861,410) $246,073,134


Moreton Bay Regional Council COORDINATION COMMITTEE MEETING 16 May 2017

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3 One Page Statement - General

One Page Statement - General

Line

No.Original Budget

Revised Budget

Actuals to end of

Quarter



Projects Budget

Amendments


Proposed New Revised Budget

1 Operating Summary2 Operating revenues3 Rates & utility charges $235,105,846 $235,105,846 $178,734,891 $0 $0 $0 $235,105,846

4 User fees and charges $33,426,125 $32,410,180 $26,651,529 $687,562 $0 $687,562 $33,097,742

5 Interest revenue $42,360,078 $43,285,078 $33,238,809 $900,000 $0 $900,000 $44,185,078

6 Operating grants and subsidies $18,639,277 $18,982,797 $13,842,845 $148,716 $9,091 $157,807 $19,140,604

7 Other revenues $28,321,864 $28,967,230 $28,226,497 ($265,505) $0 ($265,505) $28,701,725

8 Share of profit of associate $34,988,000 $34,988,000 $50,668,500 $0 $0 $0 $34,988,000

9 Community Service Obligations ($933,275) ($933,275) ($699,956) $0 $0 $0 ($933,275)

10 Total operating revenue $391,907,915 $392,805,856 $330,663,115 $1,470,773 $9,091 $1,479,864 $394,285,720

11 Operating expenses12 Employee expenses $127,716,249 $125,964,116 $84,868,314 ($264,890) $0 ($264,890) $125,699,226

13 Materials and services $106,168,841 $107,703,727 $69,454,617 $2,138,323 $0 $2,138,323 $109,842,050

14 Operational project expenses $8,135,484 $10,302,627 $5,129,590 ($55,392) ($367,730) ($423,122) $9,879,505

15 Expensed capital $1,000,000 $1,000,000 $1,379,232 $0 $0 $0 $1,000,000

16 Finance costs $783,973 $762,109 $594,639 $0 $0 $0 $762,109

17 Interest expense on loans $23,449,304 $23,449,304 $17,586,457 $0 $0 $0 $23,449,304

18 Depreciation and amortisation $77,954,677 $77,954,677 $62,298,535 $0 $0 $0 $77,954,677

19 Competitive neutrality adjustments ($12,504,957) ($13,343,977) ($10,007,983) ($16,644) $0 ($16,644) ($13,360,621)

20 Total operating expenses $332,703,571 $333,792,583 $231,303,400 $1,801,397 ($367,730) $1,433,667 $335,226,250

21 Operating surplus/(deficit) $59,204,344 $59,013,273 $99,359,714 ($330,624) $376,821 $46,197 $59,059,470

22 Capital revenues and expenses23 Infrastructure cash contributions $22,000,000 $22,000,000 $22,979,249 $3,000,000 $0 $3,000,000 $25,000,000


25 Grants, subsidies and other contributions $18,382,478 $24,096,792 $18,499,151 $0 ($697,958) ($697,958) $23,398,834

26 Investment property revaluations $0 $0 $0 $0 $0 $0 $0

27 Property, Plant Equipment Revaluations $0 $0 $0 $0 $0 $0 $0

28 The gain or (loss) on infrastructure offsets $0 $0 $194,734 $0 $0 $0 $0

29 The gain or (loss) on the sale of assets $0 $20,000 ($6,667,951) $0 ($150,000) ($150,000) ($130,000)

30 Total capital revenues $80,609,478 $86,343,792 $62,336,755 $3,000,000 ($847,958) $2,152,042 $88,495,834

31 Increase/(decrease) in operating capability $139,813,822 $145,357,065 $161,696,469 $2,669,376 ($471,137) $2,198,239 $147,555,304

32 Appropriations33 Transfer capital revenues to capital account ($58,609,478) ($64,343,792) ($39,357,505) $0 $847,958 $847,958 ($63,495,834)

34 Share of profit of associate - Capital ($9,430,000) ($9,430,000) ($31,500,000) $0 $0 $0 ($9,430,000)

35 Transfers (to) reserves ($22,403,401) ($22,403,401) ($22,979,249) ($3,000,000) $0 ($3,000,000) ($25,403,401)

36 Transfers from reserves for operating purposes $2,195,432 $2,195,432 $9,674 $0 $0 $0 $2,195,432

37 General Revenue used for capital purposes ($51,566,375) ($53,121,245) ($22,350,086) $307,826 ($357,523) ($49,697) ($53,170,942)

38 Total Appropriations ($139,813,822) ($147,103,006) ($116,177,166) ($2,692,174) $490,435 ($2,201,739) ($149,304,745)

39 Unappropriated surplus/(deficit) for the year $0 ($1,745,941) $45,519,303 ($22,798) $19,298 ($3,500) ($1,749,441)

40 Unappropriated surplus/(deficit) from the previous year $0 $1,749,441 $1,749,441 $0 $0 $0 $1,749,441

41 Unappropriated surplus/(deficit) position $0 $3,500 $47,268,744 ($22,798) $19,298 ($3,500) $0

42 Capital Funding Sources43 Capital Funding Balance Brought Forward $0 $4,120,406 $4,120,406 $0 $0 $0 $4,120,406

44 General Revenue used for Capital Purposes $51,566,375 $53,121,245 $22,350,086 ($307,826) $357,523 $49,697 $53,170,942

45 Capital grants and subsidies received $18,382,478 $24,096,792 $18,499,151 $0 ($697,958) ($697,958) $23,398,834


47 Loans received $21,630,288 $21,630,288 $0 $0 $0 $0 $21,630,288

48 Funds received from assets sales $19,700,000 $19,720,000 $15,220,478 $0 ($150,000) ($150,000) $19,570,000

49 Transfers from reserves for capital purposes $24,562,410 $21,868,120 $9,434,472 $0 ($1,091,005) ($1,091,005) $20,777,115

50 Depreciation and amortisation funded in the year $77,954,677 $77,954,677 $62,298,535 $0 $0 $0 $77,954,677

51 Transfer of asset sales to reserve ($17,900,000) ($17,900,000) ($13,674,377) $0 $0 $0 ($17,900,000)

52 (Capital funding balance carried forward) $0 $0 $0 $0 $0 $0 $0

53 Total capital funding sources $236,123,228 $244,838,528 $145,580,322 ($307,826) ($1,581,440) ($1,889,266) $242,949,262

54 Capital funding applications

55 Capital expenditure $171,031,260 $179,746,560 $99,727,271 ($307,826) ($1,581,440) ($1,889,266) $177,857,294


57 Loan redemption $24,864,968 $24,864,968 $18,521,481 $0 $0 $0 $24,864,968

58 Total capital funding applications $236,123,228 $244,838,528 $145,580,322 ($307,826) ($1,581,440) ($1,889,266) $242,949,262



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4 One Page Statement - Waste

One Page Statement - Waste

Line

No.Original Budget

Revised Budget

Actuals to end of

Quarter



Projects Budget

Amendments


Proposed New

Revised Budget

1 Operating Summary2 Operating revenues3 Rates & utility charges $38,334,378 $38,334,378 $28,906,064 $0 $0 $0 $38,334,3784 User fees and charges $3,865,000 $3,865,000 $2,822,557 $0 $0 $0 $3,865,0005 Interest revenue $160,000 $160,000 $112,939 $0 $0 $0 $160,0006 Operating grants and subsidies $0 $0 $0 $0 $0 $0 $07 Other revenues $2,183,900 $2,400,000 $1,989,721 $182,500 $0 $182,500 $2,582,5008 Share of profit of associate $0 $0 $0 $0 $0 $0 $09 Community Service Obligations $933,275 $933,275 $699,956 $0 $0 $0 $933,275

10 Total operating revenue $45,476,553 $45,692,653 $34,531,237 $182,500 $0 $182,500 $45,875,15311 Operating expenses12 Employee expenses $5,196,054 $5,167,054 $3,549,771 $0 $0 $0 $5,167,05413 Materials and services $24,480,879 $23,698,579 $15,981,041 $134,500 $0 $134,500 $23,833,07914 Operational project expenses $115,000 $115,000 $70,896 $0 $0 $0 $115,00015 Expensed capital $0 $0 $0 $0 $0 $0 $016 Finance costs $404,663 $425,527 $254,863 $0 $0 $0 $425,52717 Interest expense on loans $0 $0 $0 $0 $0 $0 $018 Depreciation and amortisation $2,036,163 $2,036,163 $1,737,702 $0 $0 $0 $2,036,16319 Competitive neutrality adjustments $12,504,957 $13,343,977 $10,007,983 $16,644 $0 $16,644 $13,360,621

20 Total operating expenses $44,737,716 $44,786,300 $31,602,256 $151,144 $0 $151,144 $44,937,444

21 Operating surplus/(deficit) $738,837 $906,353 $2,928,981 $31,356 $0 $31,356 $937,70922 Capital revenues and expenses23 Infrastructure cash contributions $0 $0 $0 $0 $0 $0 $024 Contributed assets and assets not previously recognised $0 $0 $385,000 $0 $0 $0 $025 Grants, subsidies and other contributions $0 $0 $0 $0 $0 $0 $026 Investment property revaluations $0 $0 $0 $0 $0 $0 $027 Property, Plant Equipment Revaluations $0 $0 $0 $0 $0 $0 $028 The gain or (loss) on infrastructure offsets $0 $0 $0 $0 $0 $0 $029 The gain or (loss) on the sale of assets $0 $0 ($37,553) $0 $0 $0 $0

30 Total capital revenues $0 $0 $347,447 $0 $0 $0 $0

31 Increase/(decrease) in operating capability $738,837 $906,353 $3,276,428 $31,356 $0 $31,356 $937,70932 Appropriations33 Transfer capital revenues to capital account $0 $0 ($347,447) $0 $0 $0 $034 Share of profit of associate - Capital $0 $0 $0 $0 $0 $0 $035 Transfers (to) reserves $0 $0 $0 $0 $0 $0 $036 Transfers from reserves for operating purposes $0 $0 $0 $0 $0 $0 $037 General Revenue used for capital purposes ($738,837) ($909,853) $218,812 $0 ($27,856) ($27,856) ($937,709)

38 Total Appropriations ($738,837) ($909,853) ($128,635) $0 ($27,856) ($27,856) ($937,709)

39 Unappropriated surplus/(deficit) for the year $0 ($3,500) $3,147,793 $31,356 ($27,856) $3,500 $0

40 Unappropriated surplus/(deficit) from the previous year $0 $0 $0 $0 $0 $0 $0

41 Unappropriated surplus/(deficit) position $0 ($3,500) $3,147,793 $31,356 ($27,856) $3,500 $042 Capital Funding Sources43 Capital Funding Balance Brought Forward $0 $150,000 $150,000 $0 $0 $0 $150,00044 General Revenue used for Capital Purposes $738,837 $909,853 ($218,812) $0 $27,856 $27,856 $937,70945 Capital grants and subsidies received $0 $0 $0 $0 $0 $0 $046 Contributed assets and assets not previously recognised $0 $0 $385,000 $0 $0 $0 $047 Loans received $0 $0 $0 $0 $0 $0 $048 Funds received from assets sales $0 $0 $0 $0 $0 $0 $049 Transfers from reserves for capital purposes $0 $0 $0 $0 $0 $0 $050 Depreciation and amortisation funded in the year $2,036,163 $2,036,163 $1,737,702 $0 $0 $0 $2,036,16351 Transfer of asset sales to reserve $0 $0 $0 $0 $0 $0 $052 (Capital funding balance carried forward) $0 $0 $0 $0 $0 $0 $0

53 Total capital funding sources $2,775,000 $3,096,016 $2,053,890 $0 $27,856 $27,856 $3,123,87254 Capital funding applications55 Capital expenditure $2,775,000 $3,096,016 $1,668,890 $0 $27,856 $27,856 $3,123,87256 Contributed assets and assets not previously recognised $0 $0 $385,000 $0 $0 $0 $057 Loan redemption $0 $0 $0 $0 $0 $0 $0

58 Total capital funding applications $2,775,000 $3,096,016 $2,053,890 $0 $27,856 $27,856 $3,123,872



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4 ASSET CONSTRUCTION & MAINTENANCE SESSION (Cr Peter Flannery) ITEM 4.1 COLLECTION AND DISPOSAL OF HOUSEHOLD HAZARDOUS WASTE, MISCELLANEOUS ITEMS AND USED OIL (MBRC006153) - REGIONAL Meeting / Session: 4 ASSET CONSTRUCTION & MAINTENANCE Reference: A15103077 : 13 April 2017 - Refer Confidential Supporting Information

A15103964 Responsible Officer: BM, Coordinator Waste Operations (ECM Waste Services) Executive Summary Tenders were invited for the ‘Collection and Disposal of Household Hazardous Waste, Miscellaneous Items and Used Oil’ (MBRC006153). The tender closed on 7 February 2017 with two conforming submissions received. It is recommended that Council award the contract to Cleanaway Operations Pty Ltd for the amount of $166,102 per year (excluding GST) for the contract term from the date of signing to 30 June 2018 with options to extend for a further 3 x one-year based on satisfactory performance. Cleanaway’s tender was evaluated as representing the best overall value to Council. OFFICER’S RECOMMENDATION That Council award the tender for ‘Collection and Disposal of Household Hazardous Waste, Miscellaneous Items and Used Oil’ (MBRC006153) to Cleanaway Operations Pty Ltd for the amount of $166,102 per year (excluding GST) for the contract term from the date of signing to 30 June 2018, with options to extend for a further 3 x one-year based on satisfactory performance.


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Moreton Bay Regional Council ITEM 4.1 COLLECTION AND DISPOSAL OF HOUSEHOLD HAZARDOUS WASTE, MISCELLANEOUS ITEMS AND USED OIL (MBRC006153) - REGIONAL - A15103077 (Cont.)

REPORT DETAIL 1. Background Council encourages residents to separate the hazardous waste disposed of at waste management facilities so that this type of material does not end up as landfill. Collection and disposal by the contractor includes: (a) Domestic quantities of household hazardous waste such as chemicals and paint, miscellaneous items

including fluorescent tubes, energy efficient light bulbs, smoke alarms, marine flares and non-halon fire extinguishers.

(b) Used oil, including mineral and vegetable oil which is disposed of by residents into onsite bulk containers for collection and re-use as an industrial burner fuel, hydraulic oil or incorporated into other refined products.

Tenderers were invited to submit rates for any or all of the hazardous waste services for collection and disposal of: (a) Per kilogram for Household Hazardous Waste and Miscellaneous Items (b) Per litre for Used Oil

To be carried out on: (a) a regular schedule as agreed (b) an as-needs basis when advised - within 1 working day notice (c) an immediate collection when advised - within 4 hours’ notice The table below lists the waste management facilities and the hazardous waste services supplied at each site.

2. Explanation of Item Tenders for the Collection and Disposal of Household Hazardous, Miscellaneous Items and Used Oil closed on 7 February 2017 with a total of two conforming tenders received. The tenders were assessed by the evaluation panel in accordance with Council’s Procurement Policy and the selection criteria set out in the tender documents.

Waste Management Facility Hazardous Waste Category

Bunya Landfill Household Hazardous Waste, Miscellaneous Items and Used Oil

Dakabin Landfill Household Hazardous Waste, Miscellaneous Items and Used Oil

Caboolture Landfill Household Hazardous Waste, Miscellaneous Items and Used Oil

Ningi Transfer Station Used Oil

Toorbul Transfer Station Used Oil

Upper Caboolture Transfer Station Used Oil

Wamuran Transfer Station Used Oil

Woodford Transfer Station Household Hazardous Waste, Miscellaneous Items and Used Oil

Redcliffe Transfer Station Household Hazardous Waste, Miscellaneous Items and Used Oil

Mt Nebo Transfer Station Used Oil


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Tenderers and their evaluation scores are listed from highest to lowest ranking in the table below.

Rank Tenderer Evaluation Score %

1 Cleanaway Operations Pty Ltd 99.10

2 Tox Free Australia Pty Ltd TA Absolute Liquid Waste Services 76.37 Cleanaway Operations Pty Ltd received the highest ranking for the overall selection criteria. The company submitted a comprehensive tender providing the required information in the response form. The company has significant experience in the waste industry and currently provides kerbside collection services, roll on roll off bin services and the collection and disposal of leachate services to Council. Tox Free Australia Pty Ltd received the second highest ranking from the evaluation panel based on their submission. The company submitted a comprehensive tender providing the required information in the response form. Tox Free Australia Pty Ltd has extensive experience in the waste industry and is currently contracted to service bulk industrial bins for Council facilities and multi-residential dwellings in the region as well as currently collecting the household hazardous waste under a request for quotation arrangement. 3. Strategic Implications 3.1 Legislative/Legal Implications

Council called a public tender for the services through the LG Tender system in accordance with the Local Government Act 2009.

3.2 Corporate Plan / Operational Plan This project is consistent with the Corporate Plan outcome - Valuing Lifestyle: Healthy natural environment - a clean and healthy environment.

3.3 Policy Implications This contract has been sourced in accordance with the provisions of the following documents:

• Council’s Procurement Policy 10-2150-006 • Local Government Act 2009 • Local Government Regulation 2012 Chapter 6.

3.4 Risk Management Implications The risk associated with providing these services has been assessed and the following issues identified. The manner in which the possible impact of these risks are minimised is detailed below. The successful tenderer is required to provide their own public liability insurance and workplace health and safety plans to ensure the services carried out minimise any risks associated with the operation of the facility. Services are undertaken during the opening hours of the waste facilities. The successful tenderer must have the necessary state government licences and approvals and comply with the requirements under Work Health and Safety Act 2011 and the Environmental Protection Act 1994 for the collection, processing and disposal of the hazardous waste categories. A third party review of financial status has been carried out on Cleanaway Operations Pty Ltd and the company was rated as “Sound”.

3.5 Delegated Authority Implications There are no delegated authority implications associated with this tender.


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3.6 Financial Implications The current costs for providing services for the collection and disposal of household hazardous waste, miscellaneous items and used oil is $188,645 per year. These charges will reduce by approximately $22,000 per year to $166,102 per year should Council contract Cleanaway Operations Pty Ltd for these services. Cleanaway Operations Pty Ltd will not charge for the collection of used oil. Provisions have been made in the 2017/18 financial year budget for these services. Funding is available under Waste Services project numbers: 20673.003.22004 – Bunya Facility 20674.003.22004 – Dakabin Facility 20147.003.22004 – Caboolture Facility 20678.003.22004 – Redcliffe Facility 20668.003.22004 – Woodford Facility

3.7 Economic Benefit The appointment of the successful tenderer will allow Council to have prompt access to services in a timely and cost effective manner. The fixed rates will allow accurate cost estimates and forecasting of services each financial year for the term of the agreement or available options. The collection, treatment and disposal of the hazardous waste categories will assist in reducing Council’s liability in the management of the waste facilities.

3.8 Environmental Implications The diversion of hazardous waste away from landfill is a major waste minimisation target, and meets the requirements of Council’s Sustainability Policy and waste minimisation program.


Providing specific areas at the facilities for the collection of household hazardous waste, miscellaneous items and used oil creates the opportunity for residents to safely dispose of and recycle materials that may otherwise end up in landfill.

3.10 Consultation / Communication Consultation was held with Council’s Senior Procurement Advisor to ensure compliance with Council’s Procurement Policy. Additional consultation was undertaken with Council’s Legal Services to ensure any changes agreed to in the contract clauses protected Council’s interests.


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SUPPORTING INFORMATION Ref: A15103964 The following list of supporting information is provided for: ITEM 4.1 COLLECTION AND DISPOSAL OF HOUSEHOLD HAZARDOUS WASTE, MISCELLANEOUS ITEMS AND USED OIL (MBRC006153) - REGIONAL Confidential #1 Tender Evaluation


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ITEM 4.2 PROVISION OF SERVICES FOR THE COLLECTION AND DISPOSAL OF LEACHATE (MBRC006154) - REGIONAL Meeting / Session: 4 ASSET CONSTRUCTION & MAINTENANCE Reference: A15110763 : 18 April 2017 - Refer Confidential Supporting Information

A15112434 Responsible Officer: BM, Coordinator Waste Operations (ECM Waste Services) Executive Summary Tenders were invited for the ‘Provision of Services for the Collection and Disposal of Leachate’ (MBRC006154). The tender closed on 7 February 2017 with a total of five submissions received, one of which was non-conforming. It is recommended that Council award the contract to Cleanaway Operations Pty Ltd for the amount of $296,627 per year (excluding GST) for the contract term from the date of signing to 30 June 2018 with options to extend for a further 3 x one-years based on satisfactory performance. Cleanaway’s tender was evaluated as representing the best overall value to Council. OFFICER’S RECOMMENDATION That Council award the tender for the ‘Provision of Services for the Collection and Disposal of Leachate’ (MBRC006154) to Cleanaway Operations Pty Ltd for the amount of $296,627 per year (excluding GST) for the contract term from the date of signing to 30 June 2018, with options to extend for a further 3 x one-years, based on satisfactory performance.


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Moreton Bay Regional Council ITEM 4.2 PROVISION OF SERVICES FOR THE COLLECTION AND DISPOSAL OF LEACHATE (MBRC006154) - REGIONAL - A15110763 (Cont.)

REPORT DETAIL 1. Background Leachate is a liquid that percolates down through the rubbish over time to the base of landfills. Contractors collect leachate and disperse the leachate on-site or remove it off-site to an approved facility for treatment and disposal. Council requires services to be carried out at the three major waste facilities, Bunya, Caboolture and Dakabin, as well as the Upper Caboolture transfer station which was previously a landfill. Significant rain events may increase the requirements for services.

Tenderers were requested to provide a schedule of rates per litre for collection and disposal of the following quantities of leachate: (c) 0-100,000 litres (d) 100,001 - 250,000 litres (e) Over 250,000 litres

Tenderers were requested to undertake the services specific to the nominated facilities as detailed below: (d) Bunya Landfill - collect and disperse on-site or collect and dispose to a processing facility (e) Caboolture Landfill - collect and disperse on-site or collect and dispose to a processing facility (f) Dakabin Landfill - collect and disperse on-site or collect and dispose to a processing facility (g) Upper Caboolture Transfer Station - collect and disperse at Caboolture Landfill or collect and dispose

to a processing facility. Tenderers were also asked to provide for the following service schedules as required: (a) regular scheduled service during operating hours (b) as needed basis during operating hours (c) as needed basis outside operating hours (d) an immediate service during operating hours (e) an immediate service outside operating hours 2. Explanation of Item Tenders for Provision of Services for the Collection and Disposal of Leachate closed on 7 February 2017 with a total of four conforming tenders and one non-conforming tender received. The tenders were assessed by the evaluation panel in accordance with Council’s Procurement Policy and the selection criteria set out in the tender documents. Tenderers and their evaluation scores are listed from highest to lowest ranking in the table below.

Rank Tenderer Evaluation Score %

1 Cleanaway Operations Pty Ltd 100.00

2 JJ Richards & Sons Pty Ltd 88.61

3 Aussie HydroVac Services Pty Ltd 88.56

4 Lee’s Liquid Waste 68.43

5 Tomack Investments T/A North Brisbane Truck Hire Non-conforming Cleanaway Operations Pty Ltd received the highest ranking for the overall selection criteria. The company submitted a comprehensive tender providing the required information in the response form. The company has significant experience in the waste industry and currently provides kerbside collection services, roll on roll off bin services and the collection and disposal of leachate services to Council.


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JJ Richards & Sons Pty Ltd received the second highest ranking from the evaluation panel based on their submission. The company submitted a comprehensive tender providing the required information in the response form. JJ Richards & Sons Pty Ltd has significant experience in the waste industry including liquid waste collection, bulk haulage collections and waste collections across Australia and New Zealand. Aussie HydroVac Services Pty Ltd submitted a comprehensive tender providing the required information and received the third highest ranking from the evaluation panel. The company currently manages leachate for Tweed Regional Council as well as other liquid waste removal for their customers. Tomack Investments T/A North Brisbane Truck Hire tendered for only two of the four sites, to provide collection and dispersal at Bunya and Dakabin waste management facilities only. The tender documents were not structured in separable portions and tenderers were requested to provide the schedules of rates to service all four facilities. As their submissions for the servicing of all four facilities was not provided as required, the offer was deemed non-conforming. 3. Strategic Implications 3.1 Legislative/Legal Implications

Council called a public tender for the services through the LG Tender system in accordance with the Local Government Act 2009.


3.3 Policy Implications This contract has been sourced in accordance with the provisions of the following documents:


3.4 Risk Management Implications The risk associated with providing these services has been assessed and the following issues identified. The manner in which the possible impact of these risks is minimised is detailed below. The successful tenderer is required to provide their own public liability insurance and workplace health and safety plans to ensure the services carried out minimise any risks associated with the operation of the facility.

The successful tenderer must have the necessary state government licences and approvals and comply with the requirements under Work Health and Safety Act 2011 and the Environmental Protection Act 1994 for the collection, processing and disposal of leachate from the facility. A third party review of financial status has been carried out for Cleanaway Operations Pty Ltd and the company was rated as “Sound”.

3.5 Delegated Authority Implications There are no delegated authority implications associated with this tender.

3.6 Financial Implications The current costs for providing services for the collection and disposal of leachate is $296,627 per year. These charges will remain the same should Council contract Cleanaway Operations Pty Ltd for these services as the tendered rates are the same as the current charges.


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Provisions have been made in the draft 2017/18 financial year budget for these services. Funding is available under Waste Services project numbers: 20673.004.22004 – Bunya Facility 20674.004.22004 – Dakabin Facility 20147.004.22004 – Caboolture Facility 20671.004.22004 – Upper Caboolture Facility

3.7 Economic Benefit The appointment of the successful tenderer will allow Council to have prompt access to services in a timely and cost effective manner. The fixed rates will allow accurate cost estimates and forecasting of services each financial year for the term of the agreement or available options. The collection and disposal of the leachate will assist in reducing Council’s liability in the management of the waste facilities.

3.8 Environmental Implications Council maintains leachate levels to meet Council’s environmental licensing requirements at each waste facility.


Managing the leachate levels at the waste facilities reduces contamination and odour issues for the facility and surrounding areas.

3.10 Consultation / Communication Consultation was held with Council’s Senior Procurement Advisor to ensure compliance with Council’s Procurement Policy and additional consultation with Council’s Legal Services to ensure any changes agreed to in the contract clauses protected Council’s interests.


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SUPPORTING INFORMATION Ref: A15112434 The following list of supporting information is provided for: ITEM 4.2 PROVISION OF SERVICES FOR THE COLLECTION AND DISPOSAL OF LEACHATE (MBRC006154) - REGIONAL Confidential #1 Tender Evaluation


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ITEM 4.3 NARANGBA - NORFOLK LAKE - LAKE RENEWAL AND SPILLWAY UPGRADE - DIVISION 11 Meeting / Session: 5 PARKS, RECREATION & SPORT Reference: A15134250 : 8 May 2017 - Refer Confidential Supporting Information

A15122608 Responsible Officer: NM, Senior Project Manager (ECM Project Management & Construction) Executive Summary Tenders were invited for the ‘Narangba - Norfolk Lake - Lake Renewal and Spillway Upgrade (MBRC006363)’ project. The tender closed on 18 April 2017 with a total of four tenders received, three of which were conforming. It is recommended that Council award the contract to Sunshine Coast Consulting Pty Ltd for the amount of $1,745,386 (excl. GST) as this tender was evaluated as representing the best overall value to Council. OFFICER’S RECOMMENDATION That the tender for the ‘Narangba - Norfolk Lake - Lake Renewal and Spillway Upgrade (MBRC006363)’ project be awarded to Sunshine Coast Consulting Pty Ltd for the amount of $1,745,386 (excl. GST) as this tender was evaluated as representing the best overall value to Council.


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Moreton Bay Regional Council ITEM 4.3 NARANGBA - NORFOLK LAKE - LAKE RENEWAL AND SPILLWAY UPGRADE - DIVISION 11 - A15134250 (Cont.)

REPORT DETAIL 1. Background This project is located at the north western corner of Norfolk Lake, MacDonald Drive, near Delaney Road, Narangba. The scope includes the construction of a spillway, low-flow outlet and a weir. The objective is to provide the ability to drain and lower the lake levels for maintenance purposes, and to safely convey major flood flows so as to protect downstream infrastructure and private property from damage in a flooding event. Work also includes de-watering and dredging of the lake, earthworks to re-configure the lake depth, installation of rock edges, landscaping works and the construction of maintenance access ramps. The objective is to create a water quality treatment zone to improve water quality within the lake and provide better access for the weed maintenance harvester.

Figure 1 - Norfolk Lake - locality plan 2. Explanation of Item Tenders for the ‘Narangba - Norfolk Lake - Lake Renewal and Spillway Upgrade (MBRC006363)’ project closed on 18 April 2017 with a total of four tenders received, three of which were conforming. The tenders were assessed by the assessment panel in accordance with Council’s Purchasing Policy and the selection criteria set out in the tender documents. All tenderers with their evaluation scores are tabled below (ranked from highest to lowest):

RANK TENDERER EVALUATION SCORE

1 Sunshine Coast Consulting Pty Ltd 98.43

2 Auzcon Pty Ltd 94.33

3 Australian Marine & Civil 88.22


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RANK TENDERER EVALUATION SCORE

4 BMC Grout Injection Specialists Pty Ltd Non-Conforming

Sunshine Coast Consulting Pty Ltd submitted the lowest priced tender and received the highest evaluation score. A tender clarification meeting was held with Sunshine Coast Consulting Pty Ltd on 27 April 2017 at which Sunshine Coast Consulting Pty Ltd demonstrated their understanding of the project and demonstrated relevant experience in civil construction projects of a similar scale and complexity. Auzcon Pty Ltd received the second highest evaluation score based on the evaluation criteria and second lowest submitted price. The submission from Auzcon Pty Ltd demonstrated experience in marine construction projects; but was more expensive. Australian Marine & Civil received the third highest ranking from the selection panel based upon the selection criteria and submitted tender. The submission from Australian Marine & Civil demonstrated experience in marine construction projects; but was more expensive. BMC Grout Injection Specialists Pty Ltd supplied a tender submission that was non-conforming. No tender response schedules were submitted and the mandatory criteria was not provided. 3. Strategic Implications 3.1 Legislative/Legal Implications

Due to value of work being greater than $200,000, Council called a public tender for the work through the LG Tender system in accordance with the Local Government Act 2009.


3.3 Policy Implications This project has been procured in accordance with the provisions of the following documents:


3.4 Risk Management Implications The project risk has been assessed and the following issues identified. The manner in which the possible impact of these risks are minimised is detailed below. Financial Risks: A third party review of financial status has been carried out and the successful tenderer was rated ‘Satisfactory’ Construction Risks: a. An environmental management plan is required to be submitted and approved prior to work

commencing to ensure sediment and erosion can be successfully managed. b. The proposed works will be undertaken in accordance with the associated approvals to ensure

compliance with the conditions of the approvals.

Workplace Health & Safety and risk to public: a. Prior to construction commencing on site, the contractor will be required to submit to Council, for

approval, workplace health and safety and pedestrian and traffic management plans. Regular audits of these plans will be undertaken by Council inspectors throughout the construction period to ensure compliance.


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3.5 Delegated Authority Implications There are no delegated authority implications associated with this project.

3.6 Financial Implications Council has allocated a total of $1,900,000 in the 2017/18 Capital Works budget for the Narangba - Norfolk Lake - Lake Renewal and Spillway Upgrade under budget numbers 42036 and 45138. Tender price (construction) $ 1,745,386 Contingency 8% $ 140,000 Qleave $ 9,000 ---------------- Total project cost $ 1,894,386 ========= The estimated ongoing operational/maintenance costs are $3,000 per F/Y for infrastructure inspections and landscape maintenance. A contingency of 8% is deemed adequate for the project as the dredging component is a fixed volume. The budget amount for this project is sufficient.

3.7 Economic Benefit This project will provide improved flood mitigation to the lake and nearby roads. Dredging and construction of boat ramps will also allow for better and easier access for maintenance weed harvesting.

3.8 Environmental Implications This project will provide better bank stabilisation and result in decreased sedimentation within the lake and an improvement to existing landscaping on the lake foreshore. The project will also create a water quality treatment zone to improve the water quality within the lake.


The project will have positive social implications by creating higher water quality and lake amenity.

3.10 Consultation / Communication A communication plan, together with a traffic and pedestrian management plan, will be implemented with the successful contractor prior to works commencing on site. This will include utilising Council’s project notice update newsletter and project signage which will be displayed prior and throughout the works. The Divisional Councillor has been consulted and is supportive of the project and the consultation plan.


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SUPPORTING INFORMATION Ref: A15122608 The following list of supporting information is provided for: ITEM 4.3 NARANGBA - NORFOLK LAKE - LAKE RENEWAL AND SPILLWAY UPGRADE - DIVISION 11 Confidential #1 Tender Evaluation


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5 PARKS, RECREATION & SPORT SESSION (Cr Darren Grimwade) No items for consideration.


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6 LIFESTYLE & AMENITY SESSION (Cr Matt Constance) ITEM 6.1 APPROVAL FOR A PATH AND BOARDWALK THROUGH SILCOCK STREET PARK TO HAYS INLET - DIVISION 6 Meeting / Session: 6 LIFESTYLE & AMENITY Reference: A15175165 : 10 May 2017 - Refer Supporting Information A15180503 Responsible Officer: GM, Coordinator Environment & Conservation (CES Environmental Services) Executive Summary In February 2017, the Redcliffe Environment Forum (REF) requested Council’s in-principle support for the construction of a public path and boardwalk through Silcock Street Park to the Hays Inlet. Council subsequently advised REF that it would consider the project upon confirmation of external funding. REF has now informed Council that the Australian Federal Government (AFG) has advised that $180,000 may be made available from 1 July 2017 through the Improving Your Local Parks and Environment program for this project. This proposed funding would be progressed on the condition that Council:

1) entered into a joint partnership arrangement with REF and the AFG, 2) committed to providing the balance of funding for the design, approval and construction of the path

and boardwalk, and 3) issued a letter of support to REF.

The estimated minimum cost of the path and boardwalk is $376,000. REF are requesting Council commit to the project by entering into a joint arrangement with them and the AFG, and by providing the balance of funds commencing from the 2017/2018 financial year. OFFICER’S RECOMMENDATION 1. That Council partners with the Redcliffe Environment Forum to apply for $180,000 through the

Australian Federal Government’s Improving Your Local Parks and Environment grant.

2. That Council provides a letter of support to the Redcliffe Environment Forum confirming a commitment to the design and approval components of the path and boardwalk project in 2017/2018, subject to the project receiving Australian Federal Government funding.

3. That Council confirms with the Redcliffe Environment Forum and the Australian Federal Government that construction of the path and boardwalk would commence in 2018/2019, provided the project is jointly funded by the Australian Federal Government and dependent upon Council accepting the full project costs and obtaining the necessary State Government approvals.

4. That Council authorises the Chief Executive Officer to do all things necessary to implement Recommendations 1, 2 and 3.


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Moreton Bay Regional Council ITEM 6.1 APPROVAL FOR A PATH AND BOARDWALK THROUGH SILCOCK STREET PARK TO HAYS INLET - DIVISION 6 - A15175165 (Cont.)

REPORT DETAIL 1. Background Between April 2015 and February 2017, the Redcliffe Environmental Forum (REF) completed, with Council’s approval, ecological restoration activities across Silcock Street Park as part of their Phase 1 Green Army project. In February 2017, REF requested Council’s support and subsequent approval to deliver Phase 2 of their project proposal, the construction of a public path and boardwalk (path). The path is proposed to traverse Council-owned land from an entry at Silcock Street Park, through the bushland to the Hays Inlet (see Supporting Information #1). The proposed path is approximately 1,000 metres in length from the entry at Silcock Street Park, leading to a viewing platform overlooking the Hays Inlet. The estimated minimum cost for design, State Government approvals, materials and construction of the path is $376,000. Ongoing maintenance costs will be dependent on the type of construction and materials selected and are in addition to the minimum costs. Council was presented with details regarding the project proposal in February 2017 and considered the project, its costs and risk implications. Council agreed that further consideration for the project would occur following confirmation of external funding. 2. Explanation of Item The proposed path is approximately 1,000 metres in length, consisting of 800 metres of compacted road base material (1.5m wide by 150mm deep) from the entry at Silcock Street Park, leading to 220 metres of boardwalk-type decking and a viewing platform overlooking the Hays Inlet. Planning approvals required for the project will include operational works within a Fish Habitat Area, Marine Parks Permit, Tidal Works Permit and Building Approval. The estimated minimum cost for design, approvals, materials and construction of the path is $376,000. Ongoing maintenance costs, dependant on the type of construction and materials selected, are currently estimated at $5,000 per year. In April 2017, REF advised that they had received advice from the Australian Federal Government (AFG) Department of the Environment and Energy (DoE) that $180,000 of grant funding may be available via the Improving Your Local Parks and Environment program. The AFG have further advised REF that acceptance of the grant application will be based on Council agreeing to be a joint applicant and providing a letter of support detailing:

• How Council will work with REF to successfully complete the project; • Council’s experience in delivering similar projects and • The role Council will take in delivering the project.

While REF have informal confirmation of funding from the AFG, they have not secured any other funding to enable the entire project to be completed. Subsequently, REF are now requesting Council commit to providing the balance of funding (minimum of $196,000), commencing from the 2017/2018 financial year. The AFG have advised that the grant application, including Council’s letter of support, must be received by 18 May 2017. The AFG have indicated that if funding is approved, it can be provided as part payments in accordance with defined project milestones and will be available from 1 July 2017. The full project must be delivered by 30 June 2020. To establish the full costs and feasibility for this project, it will be necessary for detailed design and associated approvals to be completed as a priority. In accordance with the Improving Your Local Parks and Environment program funding guidelines, it is proposed that detailed design and associated approval processes are completed during 2017/2018 (“Milestone 1”).


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Following detailed design and successful approval processes, full costs and feasibility of this project will be established. Should Council be accepting of the full project costs construction of the path (“Milestone 2”) would be able to commence in 2018/2019 following agreement by Council that full costs of the pathway construction are acceptable. It is proposed that Council partner with REF and apply to the AFG through the Improving Your Local Parks and Environment program, providing a letter of support detailing:

1. Council’s experience in delivering similar projects; 2. That Council will work with REF to successfully complete the project; 3. That the project will be split into two milestones;

a. Milestone 1 - 2017/2018 - detailed design, feasibility and approvals, and b. Milestone 2 - 2018/2019 - construction.

4. That Milestone 2 will only commence when: a. Council agrees that the cost to deliver the full project is acceptable to Council, and b. Council successfully obtains all approvals necessary for construction.

5. That the AFG commits to funding 50% and Council commits to funding 50% of the detailed design and feasibility costs for Milestone 1; and

6. That Council commits to funding 100% of the approval costs for Milestone 1.

3. Strategic Implications 3.1 Legislative/Legal Implications

The agreement with the AFG: o Will be completed in partnership with REF; o Will include Council’s commitment to the project, including milestones and funding; o Will detail that Council’s funding and commitment to deliver Milestone 2 in 2018/2019 will

be dependent on: That the full costs of the pathway construction are acceptable to Council, and Council obtaining all planning approvals.

3.2 Corporate Plan / Operational Plan Valuing Lifestyle: Healthy natural environment - a clean and healthy environment.

3.3 Policy Implications Sustainability Policy (12-2150-044) - Biodiversity Protection and Environmental Enhancement – protecting and enhancing waterways and natural areas.

3.4 Risk Management Implications Failure to secure the necessary State Government approvals. AFG acceptance of Council requirements for project delivery in the Improving Your Local Parks and Environment program application.

3.5 Delegated Authority Implications Nil identified.

3.6 Financial Implications 1. The estimated minimum cost of $376,000 has not been accounted for in the 2017/2018 budget. 2. If secured, the AFG $180,000 would be provided as part payments in accordance with defined

project milestones. 3. If secured, the AFG funding would be available from 1 July 2017 and the project must be

delivered by 30 June 2020.


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4. Council will be required to commit to providing the balance of funding (minimum of $196,000), commencing from the 2017/2018 financial year. This will require Council to enter into a joint funding agreement with REF and the AFG.

5. Funding to Milestone 1 will consist of: a. Detailed design and feasibility (estimated at $50,000), co-funded by the Federal

Government (estimated $25,000) and Council (estimated $25,000); and b. Approvals (estimated $6,000) fully funded by Council.

6. Upon approval of the Improving Your Local Parks and Environment program application, the project will be loaded into Council’s 2017/2018 budget.

3.7 Economic Benefit Nil identified.

3.8 Environmental Implications

REF have attributed the following benefits to the project:

1. Guided walking tours to highlight native plants and animals. 2. Curriculum-based environmental learning program for schools. 3. Increasing volunteering opportunities, including with Bushcare, interpretive guides, and event-

based opportunities. 3.9 Social Implications

Nil identified.

3.10 Consultation / Communication Council Workshop - 28 February 2017. Council Workshop - 9 May 2017. Redcliffe Environment Forum. Development Services. Engineering, Construction and Maintenance. Regulatory Services. Australian Federal Government. Department of Agriculture and Fisheries. Department of National Parks, Sport and Racing.


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SUPPORTING INFORMATION Ref: A15180503 The following list of supporting information is provided for: ITEM 6.1 APPROVAL FOR A PATH AND BOARDWALK THROUGH SILCOCK STREET PARK TO HAYS INLET - DIVISION 6 #1 Proposed path location


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Moreton Bay Regional Council ITEM 6.1 - APPROVAL FOR A PATH AND BOARDWALK THROUGH SILCOCK STREET PARK TO HAYS INLET - DIVISION 6 (Cont.)

#1 Proposed path location


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7 ECONOMIC DEVELOPMENT & TOURISM SESSION (Cr Julie Greer) No items for consideration.

8 GENERAL BUSINESS ANY OTHER BUSINESS AS PERMITTED BY THE MEETING CHAIRPERSON.


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CLOSED SESSION (Confidential items) (Resolution the meeting be closed under s275 of the Local Government Regulation 2012) ITEM C.1 – CONFIDENTIAL DA/3034/1997/DA & DA/8974/2002/DA - COUNCIL RESOLUTION DATED 2 DECEMBER 1997 - FINANCIAL CONTRIBUTION FOR ALLOWING THE RELEASE OF AN ACCESS RESTRICTION STRIP DESCRIBED AS LOT 12 SP114690 - NAUNTON ROAD, BURPENGARY - DIVISION 2 Meeting / Session: 2 PLANNING & DEVELOPMENT Reference: A14813044 : 11 February 2017 - Refer Confidential Supporting Information

A14813053 Responsible Officer: ES, Assistant Development Planner (PED Development Planning) Basis of Confidentiality Pursuant to s275 (1) of the Local Government Regulation 2012, clause (h), as the matter involves other business for which a public discussion would be likely to prejudice the interests of the Council or someone else, or enable a person to gain a financial advantage. Executive Summary In 1997, a subdivision was carried out creating a number of lots and dedicating Brewers Street and Naunton Road, Burpengary. As part of the subdivision, two (2) Access Restriction Strips were created as freehold allotments at the northern and southern ends of Naunton Road, and transferred to Council. At the time, the developer of the subdivision lodged an application with the former Caboolture Shire Council seeking to secure a financial contribution from the neighbouring property, owner to the north, on the basis of compensation for the dedication of Naunton Road.


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ITEM C.2 – CONFIDENTIAL PETRIE MILL; STATE LAND EXCHANGE - REGIONAL Meeting / Session: 2 PLANNING & DEVELOPMENT Reference: A15216150 : 11 May 2017 Responsible Officer: SF, Manager Legal Services (CEO Legal) Basis of Confidentiality Pursuant to s275 (1) of the Local Government Regulation 2012, clause (h), as the matter involves other business for which a public discussion would be likely to prejudice the interests of the Council or someone else, or enable a person to gain a financial advantage. Executive Summary This report seeks the Council’s authority to proceed with a land exchange transaction with the State government, (represented by the Department of Transport and Main Roads).


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