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G/5.1.3 PROPOSED AMENDED DELEGATION TO CHIEF · PDF file · 2011-09-23G/5.1.3...

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GLADSTONE REGIONAL COUNCIL GENERAL MEETING -06/09/2011 -----137----- G/5.1.3 PROPOSED AMENDED DELEGATION TO CHIEF EXECUTIVE OFFICER UNDER THE TRANSPORT OPERATIONS (ROAD USE MANAGEMENT) ACT 1995 Responsible Officer: Director Governance Council Meeting Date: 6 September, 2011 Executive Summary: This report recommends the adoption of an amended delegation to the Chief Executive Officer of powers under the Transport Operations (Road Use Management) Act 1995. Background: Under section 257 of the Local Government Act 2009, Council has the authority to delegate its powers under the Local Government Act 2009 or another Act, except where the Act states that the power must be exercised by resolution of Council. Once these powers are delegated, the Chief Executive Office may then delegate all or some of theses powers to an appropriately qualified employee or contractor of Council under section 259 of the Act, with the exception of the following powers: a power delegated by Council if the Council has directed the Chief executive Officer not to further delegate the power; a power to keep a register of interests; the power to sign a drafting certificate for a local law. Council has previously delegated a n umber of such powers to the Chief Executive Officer. The Local Government Association has recently engaged King and Company to review all the legislation which contains local government powers and to identify those which may be delegated by Councils. As a consequence, there are a large number of delegations which need to be reviewed. It is intended however to progressively review these and report to Council with appropriate recommendations Comment: As a consequence, the possible delegations under the Transport Operations (Road Use Management) Act 1995have been reviewed and a proposed amended delegation prepared, a copy of which is attached.
Transcript

GLADSTONE REGIONAL COUNCIL GENERAL MEETING -06/09/2011

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G/5.1.3 PROPOSED AMENDED DELEGATION TO CHIEF EXECUTIVE OFFICER

UNDER THE TRANSPORT OPERATIONS (ROAD USE MANAGEMENT) ACT 1995

Responsible Officer: Director Governance Council Meeting Date: 6 September, 2011 Executive Summary:

This report recommends the adoption of an amended delegation to the Chief Executive Officer of powers under the Transport Operations (Road Use Management) Act 1995.

Background:

Under section 257 of the Local Government Act 2009, Council has the authority to delegate its powers under the Local Government Act 2009 or another Act, except where the Act states that the power must be exercised by resolution of Council.

Once these powers are delegated, the Chief Executive Office may then delegate all or some of theses powers to an appropriately qualified employee or contractor of Council under section 259 of the Act, with the exception of the following powers:

a power delegated by Council if the Council has directed the Chief executive Officer not to further delegate the power;

a power to keep a register of interests;

the power to sign a drafting certificate for a local law.

Council has previously delegated a n umber of such powers to the Chief Executive Officer.

The Local Government Association has recently engaged King and Company to review all the legislation which contains local government powers and to identify those which may be delegated by Councils.

As a consequence, there are a large number of delegations which need to be reviewed.

It is intended however to progressively review these and report to Council with appropriate recommendations Comment:

As a consequence, the possible delegations under the Transport Operations (Road Use Management) Act 1995have been reviewed and a proposed amended delegation prepared, a copy of which is attached.

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Alternatives Considered: Nil Link to Corporate/Operational Plan: G1.1 Develop a governance model based on strong ethical leadership with transparency and accountability in policy formulation and decision making Communication/Consultation (Internal/External): Matter discussed with Discussion Group on 23/8/2011. Legal Implications (statutory basis, legal risks): Nil Policy/Local Law/Delegation Implications: Once adopted the amended delegations become effective. Financial and Resource Implications: Nil Asset Management Implications: Nil Environmental Implications: Nil Officer's Recommendation: That Council pursuant to section 257 of the Local Government Act 2009 adopt the amended Delegation of Authority, as contained in the attachment to this report, which delegates powers to the Chief Executive Officer under Transport Operations (Road Use Management) Act 1995. Attachments: D-1.98.17 – Delegation of Powers to Chief Executive Officer under the Transport Operations (Road Use Management) Act 1995 Tabled Items: 1. Nil Report Prepared by: Director Governance

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G/5.2 CORPORATE & BUSINESS SERVICES G/5.2.1 ACQUISITION OF LAND - LOT 1 SP 103893 AND LOT 2 SP 103893 Responsible Officer: Director Corporate Services Council Meeting Date: 06 September 2011 Executive Summary: This report seeks Council's views on the acquisition of Lot 1 SP103893 and Lot 2 SP103893 by the State of Queensland. Background: Attached is correspondence received from the Department of Transport and Main Roads who are representing the State of Queensland in the acquisition of Lots 1 and 2 SP103893. Comment: The intended use of Lot 1 and 2 SP103893 is for transport, in particular railways and related purposes. Given that the majority of the surrounding land is also currently used for railway purposes (excluding forestry parcels) and no departments have identified any issues, the recommendation is to offer no object to the proposed acquisition. Alternatives Considered: Nil Link to Corporate/Operational Plan: Nil Communication/Consultation (Internal/External): The correspondence from the Department of Transport and Main Roads has been distributed internally for officer's comments. Legal Implications (statutory basis, legal risks): Nil Policy/Local Law/Delegation Implications: Nil Financial and Resource Implications: Nil

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Asset Management Implications: Nil Environmental Implications: Nil Officer's Recommendation: That the Department of Transport and Main Roads be advised that Council offers no objection to the acquisition of Lot 1 SP103893 and Lot 2 SP103893. Attachments: 1. Correspondence from Department of Transport and Main Roads 2. Map of Lots 1 and 2 SP103893 Tabled Items: 1. Nil Report Prepared by: Personal Assistant to Director Corporate Services

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G/5.2.2 MEDIUM COMMERCIAL VEHICLES TENDER Responsible Officer: Director Corporate Services Council Meeting Date: 06 September 2011 Executive Summary: This report seeks Council’s acceptance of a tender for the supply of eighteen (18) Medium Commercial Vehicle cab/chassis and eighteen (18) bodies to suit Council's requirements, being a total of eighteen (18) items of Plant. Background: Tender number 94/11 Tender, description Tender T94/11 Supply and Delivery of Trucks closing Thursday 23rd June 2011, invited tenders for the supply of eighteen (18) Medium Commercial items of Plant. The Cab Chassis seven (7) and the various back configurations eleven (11) were listed in separate Technical Data Specifications totalling eighteen (18). The eighteen items are;

Specification 1, One 4x2 10,000kgs to 11,000kgs Gross Vehicle Mass (GVM) Single Cab Chassis with a 150kW engine, manual transmission and a short wheel base between 3,600mm and 4,100mm. Plant No 062601.

Specification 2, One 4x2 10,000kgs to 11,000kgs Gross Vehicle Mass (GVM) Single Cab Chassis with a 150kW engine, manual transmission and a medium wheel base between 4,100mm and 4,500mm. Plant No 063701, 068801, 110043, 063602 and 002901.

Specification 3, One 4x2 10,000kgs to 11,000kgs Gross Vehicle Mass (GVM) Single Cab Chassis with a 150kW engine, manual transmission and a long wheel base between 4,600mm and 5,300mm. Plant No 004401, 062001, 066601, 082302 and 082502.

Specification 4, One 4x2 10,000kgs to 11,000kgs Gross Vehicle Mass (GVM) Single Cab Chassis with a 150kW engine, manual transmission and an extra long wheel base between 5,100mm and 5,600mm. Plant No 062801 and 064401

Specification 5 One 4x2 10,000kgs to 11,000kgs Gross Vehicle Mass (GVM) Crew Cab Chassis with a 150kW engine, manual transmission and a medium wheel base between 4,600mm and 5,300mm. Plant No 062101, 064101, 068901 and 082301

Specification 6 One 4x2 16,000kgs to 17,000kgs Gross Vehicle Mass (GVM) Single Cab Chassis with a 150kW engine, automatic transmission and a long wheel base between 4,600mm and 5,300mm. Plant No 061901

Specification 7 One 4x2 10,000kgs to 11,000kgs Gross Vehicle Mass (GVM) Cab Chassis with a 150kW engine, automatic transmission and a short wheel base between 3,600mm and 4,100mm. Plant No 084002

Specification A One Fixed Tray Back body complete with tool boxes, bulk fuel tank and hydraulic loading platform mounted on a 4x2 10,000kg to 11,000kg GVM long wheel base cab chassis. Plant No. 004401, 066601 and 082501

Specification B One Fixed Tray Back body complete with tool boxes, crane (supplied by Council) and bulk water tank mounted on a 4x2 10,000kg to 11,000kg GVM medium wheel base cab chassis. Plant No. 062101, 064101, 068901 and 082302

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Specification C One Combination Fixed Tray, Tipping Back body complete with tool boxes, mounted on a 4x2 10,000kg to 11,000kg GVM long wheel base cab chassis. Plant No. 062001

Specification D One Tipping Tray Back body complete with tool boxes, mounted on a 4x2 10,000kg to 11,000kg GVM long wheel base cab chassis. Plant No. 002901 and 063701

Specification E One high side partial canopy steel tipping body mounted a 4x2 10,000kg to 11,000kg GVM short wheel base cab chassis. Plant No 062601

Specification F One small tilt tray body mounted on 4x2 10,000kg to 11,000kg GVM an extra long wheel base cab chassis. Plant No 062801 and 064401

Specification H One Tipping Tray Back body complete with tool boxes, mounted on a 4x2 10,000kg to 11,000kg GVM medium wheel base cab chassis. Plant 068801

Specification J One Fixed Tray Back body complete with tool boxes, and bulk water tank mounted on a 4x2 10,000kg to 11,000kg GVM medium wheel base cab chassis. Plant No.110043

Specification K One Hotmix Ashphalt Pavement Maintenance Unit mounted on a 4x2 16,000kgs to 17,000kgs GVM long wheel base cab chassis. Plant 061901

Specification L One Tar Patching unit mounted on a 4x2 10,000kgs to 11,000kgs GVM short wheel cab chassis. Plant No 084002.

Specification M One Tipping Tray Back body complete with tool boxes and crane (supplied by Council) mounted on a 4x2 10,000kg to 11,000kg GVM medium wheel base cab chassis. Plant No. 063602

All Inclusive Deal. Supply of all eighteen specifications or any part thereof. Council currently operates 79 various medium and heavy commercials trucks with an array of tray backs. Due to the amalgamation of Gladstone Regional Council (GRC), Fleet Management in consultation with Infrastructure Services and Parks and Recreation has noted a need to restructure the type of medium and heavy commercials required to meet the needs of the new GRC. Subsequently fleet management are proposing that GRC purchase the type/style of units required and sell at auction the current units that has reached the end of its economic life. While this is not an exercise in reducing the number of items, it is an extension of a process in better equipping GRC to perform its work requirements in a more effective and efficient manner. It is proposed that as each item reaches the end of its economic life that we look at the work requirements and the market place to ensure that the best fit of medium and or heavy commercial to job criteria is achieved, thus reducing the actual operational costs. It is the intention of Fleet management to cost reduction in the provision of plant and equipment for Council's daily operations. To achieve this, where possible, specifications are being standardised and similar items are being purchased at the same time. By standardising the equipment, i.e. cab chassis specifications, the need for a variety of individual or fast moving spare parts and filters is removed lowering the parts inventory costs. Additionally the need to train operators on several makes of cab chassis is reduced and the ability to move personnel between items is increased. Training of service personnel is also reduced where only one model is required to be learned and having uniform models will reduce service and repair times along with the necessity to or buy specialist tools and diagnostic equipment for different makes. This tender will see the number of makes and model variations reduced from eleven to two for this size of truck, the third (specification 6) necessitated the upgrade to a larger gross vehicle mass cab chassis to cater for the operational requirements of Council. See Annex C

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Comment: The plant assessment group was selected from the plant committee and made up of the Fleet Procurement Coordinator, the Maintenance Coordinator, and the Occupational Health and Safety Officer. The Fleet Manager managed the process. This group assessed all complying tenders in accordance with Section 2 clauses 2.19 Acceptance of Tenders and 2.29 Evaluation Criteria with the view to determine which unit or multiple unit deal represented the best value for money for the Council work environment. The Plant Committee discussed the evaluation of the submissions for tender T94/11 at length and determined that as a result of the previous truck tender (T119/10) evaluation the manufacturers who complied with Council's specification all offered units that had similar performance, levels of appointment and quality. Therefore the cost to Council in both time and money in evaluation of the offered units by visiting the dealer and driving a cab chassis was not justified. The cab chassis evaluation consists of the whole of life Nett Present Valuation, Net Capital Ranking, Maintenance and compliance with current air pollution requirements. Council operates Hino, Mitsubishi, Isuzu, Iveco and UD trucks that enables a qualified evaluation of the maintenance required between these brands. The Iveco trucks in service with Council are proving to be unreliable and expensive to maintain with one presently out of service waiting major repairs to the cabin due to metal fatigue and cracking. The Plant Committee determined, that similarly to the cab chassis offers the body builders three of whom have recently supplied Council with their product, the cost to Council of evaluation could be reduced by evaluating any new supplier and referring to the previous tender (T119-10) for the evaluation results as a comparison. One supplier, Swiftco, has supplied inferior product on several occasions resulting in the need for rectification prior to delivery and also after delivery. This has resulted in the vehicle being returned to their Gold Coast premises for rectification. The methodology used for the evaluation has been two fold due to the manner in which the tender was called supply of one or any part of the 17 items called for basically each item/Technical data Specification within the Schedules has been evaluated as a single purchase. This has established a list of the preferred items based on individual purchases. As there were no bulk discounts offered the individual analysis has been used in the determination of the recommendations All complying tenders were evaluated using the nominated criteria in the specification. “Evaluation Criteria In evaluating the tenders, the Principle may take into consideration, but not be limited to: Conformity, enhancement of local business and industry; innovation; value for money; construction period; quality assurance; price compared with estimated costs; technical management; physical; environmental management and financial resources; current commitments; previous performance; industrial relations and occupational health and safety records; maintenance and running costs and Principal’s administration costs. If required by Council the tenderer may be requested to submit additional information, by the stipulated date time, to allow further consideration of the tender before any tender is accepted. Failure to meet this requirement will result in the tender being rejected. The following specific criteria will be used in the assessment process:-

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a) Compliance with the technical specification required. Any non-complying Tenders will not be evaluated (see section 10 for clarification). b) Net Present Value of the unit c) Operator evaluation d) Maintenance evaluation e) Risk evaluation f) Additional technical features, not specified in this Tender, appropriate to Council’s operation such features will be considered in the appropriate area listed above. [Fit for purpose]” Those vehicles that require urea (Adblue), to meet the current vehicle emission requirements have increased prices for replacement parts. Pricing of spare parts was requested with each submission to assist in determining the whole of life cost in the Net Present Value, See Annex B. A comparison of parts selected for evaluation, and supplied, with the tender documents sees the Isuzu lowest, with the Iveco 44.77%, MAN 44.94%, Mitsubishi 73.27%, UD 129.15% and Hino 180.74% higher than the Isuzu. There is an additional cost of the urea, $2-00 per litre, required at a rate of 6.15% of the diesel fuel consumption to meet EuroV emissions requirements. Operator and maintenance training was requested to be listed separately most suppliers have included this in the purchase price of the item. Volvo Commercial Vehicles ($1,130.00 GST Exclusive) and Ian Weigh Hino ($5,190 GST Exclusive) per vehicle that has been added to the price of the vehicle. See Annex A Trade / Sale of surplus to requirement units: The evaluation group unanimously agreed to continue to sell the surplus to requirement items using the auction process. This decision was taken as it will be up to nine months before GRC has received all the new units and it is a realistic expectation to believe suppliers would offer a lower trade price today for something that they will receive in nine months. It is the belief of the evaluation group that Council should receive a fairer price for the units by taking them to auction and selling them at the then current market value. Individual Assessments Specification 1: 4x2 10,000kg to 11,000kg GVM Cab Short Wheel Base Chassis Parks and Recreation -Tree Maintenance Truck Plant 062601 This cab chassis is used in conjunction with a specialist body (Specification E) for the transportation of equipment and green waste in the process of the daily tasks by Council's Parks and Recreation department. The unit being replaced is Nissan UD MK175 with a specialist green waste body that was purchased December 2003 and currently travelled has 102,922 km. This unit is being replaced in accordance with the Fleet 10 year replacement program. The results of the evaluation process are displayed in Table 1.

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Table 1: Maximum Points 100 5 60 25 10 Weighting (Must=100) 100.00% 5.00% 60.00% 25.00% 10.00%

Make & Model Final Ranking

Net Capital Ranking Inclusive of Local Discount

Net Present Value Maintenance

Air Pollution Ranking

Cab Chassis Purchase Price Less GST $

UD MK11-250E - Volvo Commercial Vehicles 99.82 4.82 60.00 $25.00 10.00 $64,481.48

Hino 500 FD 1024M - Ian Weigh Hino 97.73 5.00 57.73 $25.00 10.00 $68,181.82

Isuzu FRR600M - Gold Coast Isuzu 97.39 4.04 58.34 $25.00 10.00 $78,600.00

Mitsubishi Fuso 1024 - Westco Truck Sales 95.11 4.10 56.01 $25.00 10.00 $78,260.00

MAN TGL 12.250 4x2 3900MWB - Hi-Way1 85.06 3.32 49.52 $22.22 10.00 $99,090.91

IVECO Eurocargo ML120 - Hi-Way1 84.72 3.19 52.08 $19.44 10.00 $90,000.00 The evaluation of all complying units identified the UD MK11-250 offered by Volvo Commercial Vehicles offers Council the best final ranking. There were no non complying submissions. Specification 2: 4x2 10,000kg to 11,000kg GVM Cab Medium Wheel Base Chassis Parks and Recreation: Plant 002901 Works Operations: Plant 063602 Water and Sewerage: Plant 063702 Water and Sewerage: Plant 110043 The units to this specification will be used for the transportation of personnel, materials and equipment for Works Operations, Water and Sewerage and Parks work sites. This cab chassis specification is in conjunction with several different body specifications D, H, J and M. The units being replaced are:

002900 - 2001 Nissan UD MK190 odometer 111,447km. 063601 - 2006 Hino Dutro 7500 odometer 47,372km. 063701 - 2006 Mitsubishi Fuso FE85PE odometer 135,762km. 110043 - Additional unit.

These units are being replaced in accordance with the Fleet 10 year replacement program.

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The results of the evaluation process are displayed in Table 2 Table 2: Maximum Points 100 5 60 25 10 Weighting (Must=100) 100.00% 5.00% 60.00% 25.00% 10.00%

Make & Model Final Ranking

Net Capital Ranking Inclusive of Local Discount

Net Present Value

Maintenance Air Pollution Ranking

Cab Chassis Purchase Price Less GST $

UD MK11-250E - Volvo Commercial Vehicles 99.77 4.77 60.00 25.00 10.00 $64,904.76 Hino 500 FD 1024M - Ian Weigh Hino 97.90 5.00 57.90 25.00 10.00 $68,181.82

Isuzu FRR600M - Gold Coast Isuzu 97.37 4.01 58.36 25.00 10.00 $79,005.00

Mitsubishi Fuso 1024 - Westco Truck Sales 96.62 4.35 57.28 25.00 10.00 $75,260.00

MAN TGL 12.250 4x2 3900MWB - Hi-Way1 86.21 3.27 49.41 23.53 10.00 $100,000.00

IVECO Eurocargo ML120 - Hi-Way1 86.01 3.19 52.23 20.59 10.00 $90,000.00 The evaluation of all complying units identified the UD MK11-250 offered by Volvo Commercial Vehicles offers Council the best final ranking. There were no non complying submissions. Specification 3: - 4x2 10,000kg to 11,000kg GVM Cab Long Wheel Base Chassis Works Projects: Plant 004401 Water and Sewerage: Plant 062001 Works Projects: Plant 066601 Works Projects: Plant 082502 The units to this specification will be used for the transportation of personnel, materials and equipment for Works Projects and Water and Sewerage work sites. This cab chassis specification is in conjunction with several different body specifications A and C. The units being replaced are:

004400 - 2005 Mitsubishi Canter FE649EW odometer 151,787km. 062000 - 2006 Nissan UD PK175K odometer 59,750km. 066600 - 2006 IVECO Daily 50C odometer 80,733km. 082501 - 2006 IVECO Daily 50C odometer 145,859km.

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These units are being replaced in accordance with the Fleet 10 year replacement program. The results of the evaluation process are displayed in Table 3 Table 3: Maximum Points 100 5 60 25 10 Weighting (Must=100) 100.00% 5.00% 60.00% 25.00% 10.00%

Make & Model Final Ranking

Net Capital Ranking Inclusive of Local Discount

Net Present Value

Maintenance Air Pollution Ranking

Cab Chassis Purchase Price Less GST $

UD MK11-250K Leaf - Volvo Commercial Vehicles

99.78 4.78 60.00 $25.00 10.00 $65,328.04

Hino 500 FD1024 Long - Ian Weigh Hino

97.89 5.00 57.89 $25.00 10.00 $68,636.36

Isuzu FRR600 Long - Gold Coast Isuzu

97.39 4.02 58.37 $25.00 10.00 $79,400.00

Mitsubishi Fuso 1024 - Westco Truck Sales

97.07 4.62 57.44 $25.00 10.00 $75,260.00

MAN TGL 12250 4850mm - Hi-Way1

86.39 3.31 49.55 $23.53 10.00 $100,000.00

IVECO Eurocargo ML120 - Hi-Way1

86.20 3.23 52.38 $20.59 10.00 $90,000.00

The evaluation of all complying units identified the UD MK11-250 offered by Volvo Commercial Vehicles offers Council the best final ranking. There were no non complying submissions. Specification 4: - 4x2 10,000kg to 11,000kg GVM Cab Extra Long Wheel Base Chassis Small Plant: Plant 062801 Parks and Recreation: 064401 The units to this specification will be used for the transportation of personnel, materials and equipment for Parks and Recreation and Small Plant work sites. This cab chassis specification is in conjunction with specification F Small Tilt Tipping Tray. The units being replaced are:

062800 - 2003 Nissan UD MK175 odometer 44,391km. 064400 - 2006 Nissan UD MK175E odometer 78,863km.

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These units are being replaced in accordance with the Fleet 10 year replacement program. The results of the evaluation process are displayed in Table 4 Table 4: Maximum Points 100 5 60 25 10 Weighting (Must=100) 100.00% 5.00% 60.00% 25.00% 10.00%

Make & Model Final Ranking

Net Capital Ranking Inclusive of Local Discount

Net Present Value

Maintenance Air Pollution Ranking

Cab Chassis Purchase Price Less GST $

UD MK11-250 Leaf - Volvo Commercial Vehicles

99.71 4.71 60.00 25.00 10.00 $65,962.96

Hino 500 FD X Long - Ian Weigh Hino

98.14 5.00 58.14 25.00 10.00 $68,636.36

Isuzu FRR60XL - Gold Coast Isuzu

97.61 4.02 58.59 25.00 10.00 $79,480.00

Mitsubishi FUSO 1024 - Westco Truck Sales

97.17 4.59 57.57 25.00 10.00 $75,580.00

IVECO Eurocargo ML120 - Hi-Way1

86.43 3.23 52.61 20.59 10.00 $90,000.00

MAN TGL 12250 5550mm - Hi-Way1

86.31 3.26 49.51 23.53 10.00 $100,909.09

The evaluation of all complying units identified the UD MK11-250 offered by Volvo Commercial Vehicles offers Council the best final ranking. There were no non complying submissions. Specification 5: - 4x2 10,000kg to 11,000kg GVM Crew Cab Medium Wheel Base Chassis: Works Concrete Crew: Plant 062101 Works Concrete Crew: Plant 064101 Works Concrete Crew: Plant 068901 Works Concrete Crew: Plant 082302 The units to this specification will be used for the transportation of personnel, materials and equipment for Works Operations Concrete crews work sites. This cab chassis specification is in conjunction with specification B Concrete Crew Body. The units being replaced are:

062100 - 2006 Hino Dutro 5000 odometer 75,614km.

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064100 - 2003 Mitsubishi Canter FE649 odometer 98,541km. 068900 - 2001 Mitsubishi Canter FE649 odometer 180,854km. 082301 - 2006 IVECO Daily 50C odometer 91,207km.

These units are being replaced in accordance with the Fleet 10 year replacement program. The results of the evaluation process are displayed in Table 5 Table 5: Maximum Points 100 5 60 25 10 Weighting (Must=100) 100.00% 5.00% 60.00% 25.00% 10.00%

Make & Model Final Ranking

Net Capital Ranking Inclusive of Local Discount

Net Present Value Maintenance

Air Pollution Ranking

Cab Chassis Purchase Price Less GST $

Hino 500 FD 1024M - Ian Weigh Hino

99.33 5.00 59.33 25.00 10.00 $80,727.27

Isuzu FRR600 Crew - Gold Coast Isuzu

99.20 4.20 60.00 25.00 10.00 $91,540.90

Mitsubishi Fuso 1024 - Westco Truck Sales

97.41 4.33 58.08 25.00 10.00 $89,960.00

MAN TGL 12.250 4x2 3900MWB - Hi-Way1

93.03 4.29 55.22 23.53 10.00 $99,090.91

IVECO Eurocargo ML120 - Hi-Way1

92.78 4.12 58.07 20.59 10.00 $90,000.00

UD does not have a crew cab in their model line up. While the Hino 500 FD 1024 has the best final ranking of the units offered, the Isuzu FRR600 has the best Net Present Value (NPV) by way of a lower whole of life cost. Council has in service twenty one Isuzu trucks of which eight were purchased in within the last twelve months and have the same technology as offered FRR600, while there are six Hino trucks in service of which none have the current technology. The Isuzu has a longer (5160mm) wheel base compared that of the Hino (4850mm) that will provide a better weight distribution and allow for a more useable tray. The closeness of the final ranking compared to the purchase price is a result of higher pricing for the Hino spare parts, which are 180% higher than those of the Isuzu, see Annex B for the spare parts price comparison. Council maintenance personnel have been trained in the maintenance of Isuzu vehicles, whilst they will have to undergo training with the current range of Hino vehicles. It is deemed by the evaluation committee that the Isuzu FRR600 Crew cab chassis by way of the lower NPV and keeping with the standardisation of plant for operational, maintenance, training, service equipment and spare parts is the better value for Council to purchase. There were no non complying submissions.

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Specification 6: 4x2 16,000 to 17,000kg GVM Long Wheel Base Cab Chassis: Works Operations: Plant 061901 This specification will be used for the transportation of personnel, materials and equipment for Works Operations Road Maintenance crew work sites. This cab chassis specification is in conjunction with specification K Hotmix Asphalt Pavement maintenance Unit. The unit being replaced is:

061900 - 2006 Isuzu NPR400 Crew odometer 77,047km. The results of the evaluation process are displayed in Table 6 Table 6: Maximum Points 100 5 60 25 10 Weighting (Must=100) 100.00% 5.00% 60.00% 25.00% 10.00%

Make & Model Final Ranking

Net Capital Ranking Inclusive of Local Discount

Net Present Value

Maintenance Air Pollution Ranking

Cab Chassis Purchase Price Less GST $

UD PK16/280 Leaf - Volvo Commercial Vehicles

99.63 5.00 59.63 25.00 10.00 $90,301.59

IVECO Eurocargo ML160 - Hi-Way1

95.07 4.48 60.00 20.59 10.00 $95,000.00

Isuzu FVR1000 Auto - Gold Coast Isuzu

95.02 3.84 56.19

25.00 10.00 $118,188.18

Isuzu FVD1000 Auto - Gold Coast Isuzu

94.56 4.04 55.52 25.00 10.00 $120,821.80

UD PK16/280K - Paveline International

93.57 3.83 54.73 25.00 10.00 $108,800.00

MAN TGM 15290 5125mm - Hi-Way1

92.73 3.86 55.34 23.53 10.00 $112,272.73

The evaluation of all complying units identified the UD PK16-280 offered by Volvo Commercial Vehicles offers Council the best final ranking. The UD PK16-280 will require the wheel base to be lengthened at a cost of $1,800 this cost is included in the recommendation and Annex A. There were no non complying submissions. Specification 7: 4x2 10,000kg to 11,000kg GVM Cab Short Wheel Base Chassis with Automatic Transmission: Works Operations: Plant 084001

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This specification will be used for the transportation of personnel, materials and equipment for Works Operations Road Maintenance crew work sites. This cab chassis specification is in conjunction with specification Road Maintenance Unit body. The unit being replaced is:

084001 - 1999 Isuzu FRR550 odometer 369,987km. The results of the evaluation process are displayed in Table 7. Table 7: Maximum Points 100 5 60 25 10 Weighting (Must=100) 100.00% 5.00% 60.00% 25.00% 10.00%

GST Exclusive

Make & Model Final Ranking

Net Capital Ranking Inclusive of Local Discount

Net Present Value

MaintenanceAir Pollution Ranking

Cab Chassis Purchase Price Less GST $

UD MK11-250 Auto - Volvo Commercial Vehicles

100.00 5.00 60.00 25.00 10.00 $67,380.80

UD MK11/250K - Paveline International

92.62 3.23 54.39 25.00 10 $85,200.00

Isuzu FSR 700 Auto - Gold Coast Isuzu

91.56 2.46 54.10 25.00 10 $101,042.70

MAN TGL12250 - Hi-Way1

88.46 2.81 52.12 23.53 10.00 $100,454.55

IVECO Eurocargo ML120 (Auto) - Hi-Way1

85.83 2.53 52.71 20.59 10.00 $97,272.73

The evaluation of all complying units identified the UD MK11-250 offered by Volvo Commercial Vehicles offers Council the best final ranking. There were no non complying submissions. Specification A: Fixed Tray Back body complete with tool boxes, bulk fuel tank and hydraulic loading platform: This specification will be used for the transportation of personnel, materials and equipment for Works Projects crew work sites. This body will be used in conjunction with cab chassis specification 3 as a Works Project unit. Works Projects: Plant 004401 Works Projects: Plant 066601

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Works Projects: Plant 082501 The results of the evaluation process are displayed in Table 8. Table 8: Maximum Points 100 5 60 15 20 Weighting (Must=100) 100.00% 5.00% 60.00% 15.00% 20.00%

Make & Model Final Ranking

Net Capital Ranking Inclusive of Local Discount

Net Present Value

Risk Evaluation Price Less GST

Tray Body Spec A - Giblins Motor Bodies

98.39 5.00 60.00 14.85 18.54 $39,510.00

Aluminium Drop Side Tray - Ross Allen Trucks & Trailers

88.24 4.00 49.23 15.00 20.00 $49,318.18

New Tray - Swiftco Truck Bodies

80.73 3.68 45.65 14.09 17.31 $53,609.09

The evaluation of all complying units identified the body offered by Giblins Motor Bodies offers Council the best final ranking. There were no non complying submissions. Specification B: Fixed Tray Back body complete with tool boxes, crane (supplied by Council) and bulk water tank: This specification will be used for the transportation of personnel, materials and equipment for Works Operations Concrete crew work sites. This body will be used in conjunction with cab chassis specification 3 as a Works Operations Concrete Crew unit. Works Concrete Crew: Plant 062101 Works Concrete Crew: Plant 064101 Works Concrete Crew: Plant 068901 Works Concrete Crew: Plant 082302 The results of the evaluation process are displayed in Table 9.

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Table 9: Maximum Points 100 5 60 15 20 Weighting (Must=100) 100.00% 5.00% 60.00% 15.00% 20.00%

Make & Model Final Ranking

Net Capital Ranking Inclusive of Local Discount

Net Present Value Risk

Tray Evaluation

Price Less GST

Aluminium Drop Side spec B - Ross Allen Truck & Trailer 100.00 5.00 60.00 15.00 20.00 $37,681.82Tray Body Spec B - Giblins Motor Bodies 97.76 4.95 59.42 14.85 18.54 $38,100.00

Tray Spec B - Swiftco Truck Bodies 89.87 4.44 54.03 14.09 17.31 $42,431.82

The evaluation of all complying units identified the body offered by Ross Allen Truck and Trailers offers Council the best final ranking. There were no non complying submissions. Specification C: Combination Fixed Tray, Tipping Back body complete with tool boxes: This specification will be used for the transportation of personnel, materials, spoil and equipment for Water and Sewerage crew work sites. This body will be used in conjunction with cab chassis specification 3. Water and Sewerage: Plant 062001 The results of the evaluation process are displayed in Table 10. Table 10: Maximum Points 100 5 60 15 20 Weighting (Must=100) 100.00% 5.00% 60.00% 15.00% 20.00%

Make & Model Final Ranking

Net Capital Ranking Inclusive of Local Discount

Net Present Value

Risk Tipper Evaluation

Price Less GST

Tipping, Fixed Tray Spec C - Giblins Motor Bodies

99.06 5.00 60.00 14.85 19.21 $31,200.00

Tipper Spec C - Swiftco Truck Bodies

84.17 3.91 48.53 14.09 17.63 $39,836.36

Split Tray tipper Aluminium Spec C - Ross Allen Trucks & Trailers

77.00 3.06 38.94 15.00 20.00 $50,954.55

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The evaluation of all complying units identified the body offered by Giblins Motor Bodies offers Council the best final ranking. There were no non complying submissions. Specification D: Tipping Back body complete with tool boxes: This specification will be used for the transportation of personnel, materials and equipment for Parks & Recreation and Water and Sewerage crew work sites. This body will be used in conjunction with cab chassis specification 2 as a tipping truck. Parks and Recreation: Plant 002901 Water and Sewerage: Plant 063702 The results of the evaluation process are displayed in Table 11. Table 11: Maximum Points 100 5 60 15 20 Weighting (Must=100) 100.00% 5.00% 60.00% 15.00% 20.00%

Make & Model Final Ranking

Net Capital Ranking Inclusive of Local Discount

Net Present Value

Risk Tipper Evaluation

Price Less GST

Tipping Body Spec D - Giblins Motor Bodies

99.06 5.00 60.00 14.85 19.21 $23,500.00

Tipper Spec D - Swiftco Truck Bodies

87.97 4.21 52.04 14.09 17.63 $27,913.64

Drop Side Tipper Spec D - Ross Allen Trucks & Trailers

66.09 2.16 28.94 15.00 20.00 $54,454.55

The evaluation of all complying units identified the body offered by Giblins Motor Bodies offers Council the best final ranking. There were no non complying submissions. Specification E: High side partial canopy steel tipping body mounted: This specification will be used for the transportation of personnel, materials and equipment for Parks & Recreation Wood Chipping crew work sites. This body will be used in conjunction with cab chassis specification 1 as a wood chip Truck. Parks and Recreation: Plant 062601 The results of the evaluation process are displayed in Table 12.

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Table 12: Maximum Points 100 5 60 15 20 Weighting (Must=100) 100.00% 5.00% 60.00% 15.00% 20.00%

Make & Model Final Ranking

Net Capital Ranking Inclusive of Local Discount

Net Present Value

Risk Tipper Evaluation

Price Less GST

Tipping Body Spec E - Giblins Motor Bodies

99.06 5.00 60.00 14.85 19.21 $28,800.00

Steel Mulch Tipper Spec E - Ross Allen Truck & Trailers

87.72 3.93 48.79 15 20 $36,590.91

Woodchip Spec E - Swiftco Truck Bodies

77.31 3.34 42.25 14.09 17.63 $43,040.91

The evaluation of all complying units identified the body offered by Giblins Motor Bodies offers Council the best final ranking. There were no non complying submissions. Specification F: Small tilt tray body: This specification will be used for the transportation of personnel, materials and equipment for Parks & Recreation and Fleet Hire Section work sites. This body will be used in conjunction with cab chassis specification 4 as a Parks and Recreation unit transporting a skid steer loader and mowers between worksites and Fleet Hire section as Tilt Truck available for casual use in transporting Council plant and equipment. These trucks also have the versatility to be utilised as a tray back and tipping body. Fleet Small Plant: 062801 Parks and Recreation: Plant 064401 The results of the evaluation process are displayed in Table 13. Table 13: Maximum Points 100 5 60 25 10 Weighting (Must=100) 100.00% 5.00% 60.00% 25.00% 10.00%

Make & Model Final Ranking

Net Capital Ranking Incl. Local Discount

Net Present Value Maintenance

Body evaluation

Price Less GST

Tilta 5t - Tilta Industries 100.00 5.00 60.00 25.00 10.00 $45,109.09

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This specification attracted only one supplier, Tilta Industries. Tilta Industries have previously supplied Council with TilTip tilt tray truck as part of tender T119/10 which is currently in service in the Miriam Vale area transporting Councils 5 tonne excavator. There were no non complying submissions. Specification H: Tipping tray back body complete with tool boxes: This specification will be used for the transportation of personnel, materials and equipment for Works Operations Road Maintenance crew work sites. This body will be used in conjunction with cab chassis specification 2 as a road maintenance unit. Works Operations: Plant 068801 The results of the evaluation process are displayed in table 14. Table 14: Maximum Points 100 5 60 15 20 Weighting (Must=100) 100.00% 5.00% 60.00% 15.00% 20.00%

Make & Model Final Ranking

Nett Capital Ranking Incl. Local Discount

Nett Present Value

Safety Evaluation

Tipper Evaluation

Price Less GST

Tipping Body Spec H - Giblins Motor Bodies 99.06 5.00 60.00 14.85 19.21 $40,750.00 Steel Double Drop Side Tipper - Ross Allen Trucks & Trailers 91.63 4.29 52.34 15 20 $47,490.91

Tipper Spec H - Swiftco Truck Bodies 84.10 3.94 48.44 14.09 17.63 $51,750.00

The evaluation of all complying units identified the body offered by Giblins Motor Bodies offers Council the best final ranking. Specification J: Fixed tray back body complete with tool boxes: This specification will be used for the transportation of personnel, materials and equipment for Water and Sewerage crew work sites. This body will be used in conjunction with cab chassis specification 2 and a slip-on high pressure drain cleaner as a high pressure drain cleaning unit. Water and Sewerage: Plant 110043 The results of the evaluation process are displayed in table 15.

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Table 15: Maximum Points 100 5 60 15 20 Weighting (Must=100) 100.00% 5.00% 60.00% 15.00% 20.00%

Make & Model Final Ranking

Net Capital Ranking Inclusive of Local Discount

Net Present Value Risk

Tray Evaluation

Price Less GST

Tray Body Spec J - Ross Allen Truck & Trailers 100.00 5.00 60.00 15 20 $23,500.00Fixed Tray Spec J - Giblins Motor Bodies 98.23 5.00 60.00 14.85 18.38 $23,500.00

Tray 4.6 Spec J - Swiftco Truck Bodies 92.05 4.56 55.66 14.09 17.74 $25,745.45

Specification K: Hotmix ashphalt pavement maintenance unit: This specification will be used for the transportation of personnel, materials and equipment for Works Operations Road Maintenance crew work sites maintaining Council's road assets. This body will be used in conjunction with cab chassis specification 6 as a hot mix ashphalt pavement maintenance unit. Works Operations: Plant 061901 The results of the evaluation process are displayed in Table 16. Table 16:

Maximum Points 100 5 30 10 15 15 15 10 Weighting (Must=100) 100.00% 5.00% 30.00% 10.00% 15.00%

15.00% 15.00%

10.00%

Make & Model Final Ranking

Net Capital Ranking Inclusive of Local Discount

Net Present Value Quality Operator

Maintenance

Fit For Purpose Risk

Price Less GST

HD Series RMU 4m3 - Ausroad Systems

97.67 4.58 28.09 10.00 15.00 15.00 15.00 10.00 $197,154.55

Paveline Cogen 7 - Paveline International

97.67 5.00 30.00 9.57 14.41 14.38 14.89 9.42 $180,524.55

Council currently operates an Ausroad System Jetpatcher in the Miriam Vale area; this unit replaced an earlier model Jetpatcher that provided Council with a long, economical and reliable service life. The unit now operated by Council has been doing so with high operator satisfaction and reliable operation for over eighteen months. As the final

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ranking has both the Paveline and Ausroad product equal the extra expense in standardising brands by purchasing the Ausroad product would be justified, Paveline has a $16,630.00 price advantage. The final ranking in specification L has the Ausroad product as the highest rank in all categories with a $19,946.36 price advantage over the Paveline unit, thus the Ausroad unit would be recommended. To standardise units within Council the Ausroad unit is the preferred choice. Specification L: Tar patching unit This specification will be used for the transportation of personnel, materials and equipment for Works Operations Road Maintenance crew work sites maintaining Council's road assets. This body is used in conjunction with cab chassis specification 7 as a road maintenance tar patching unit. Works Operations: Plant 08401 The results of the evaluation process are displayed in Table 17. Table 17:

Maximum Points 100 5 30 10 15 15 15 10 Weighting (Must=100) 100.00% 5.00% 30.00% 10.00%

15.00% 15.00% 15.00%

10.00%

Make & Model Final Ranking

Net Capital Ranking Inclusive of Local Discount

Net Present Value

Workmanship

Operator

Maintenance

Fit for Purpose

Risk Price Less GST

Ausroad HD Series RMU 2.5 - Ausroads 100.00 5.00 30.00 10.00 15.00 15.00 15.00 10.00 $118,600.00 Paveline Cogen 4 - Paveline International 92.09 4.28 25.97 9.67 14.35 14.29 14.65 8.89 $138,546.36

Council currently operates an Ausroad System Jetpatcher in the Miriam Vale area; this unit replaced an earlier model Jetpatcher that provided Council with a long, economical and reliable service life. The unit now operated by Council has been doing so with high operator satisfaction and reliable operation for over eighteen months. To standardise units within Council the Ausroad unit is the preferred choice. There were no non complying submissions. Specification M: Tipping tray back body complete with toolboxes and crane (supplied by Council) This specification will be used for the transportation of personnel, materials and equipment for Works Operations Urban Maintenance work sites. This body is used in conjunction with cab chassis specification 2 as a general maintenance unit. Works Operations: Plant 063601

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The results of the evaluation process are displayed in Table 18. Table 18 Maximum Points 100 5 60 15 20 Weighting (Must=100) 100.00% 5.00% 60.00% 15.00% 20.00%

Make & Model Final Ranking

Net Capital Ranking Inclusive of Local Discount

Net Present Value Risk

Tipper Evaluation

Price Less GST

Tipping Body Spec M Giblins Motor Bodies 99.06 5.00 60.00 14.85 19.21 $40,650.00Steel drop side w/crane Spec M - Ross Allen Truck & Trailers 98.93 4.91 59.02 15.00 20.00 $41,409.09Tipper Spec M - Swiftco Truck Bodies 92.10 4.60 55.77 14.09 17.63 $44,136.36 The evaluation of all complying units identified the body offered by Giblins Motor Bodies offers Council the best final ranking. There were no non complying submissions. Schedule 10 Multiple items / All items or any Part thereof: There were no discounts offered by any suppler for a number of the schedules and or technical data Specification. This was disappointing however it would appear that the truck dealers do not believe that the margins are in the products to offer such. A Summary listed in table below displays the difference in price submitted by dealers in Geographic areas. Refer to Appendix A. Specifications G and I were not utilised. Alternatives Considered: Refer above Link to Corporate/Operational Plan: 1.2.1 – Manage Council’s financial and physical resources to the most beneficial and sustainable effect.

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Communication/Consultation (Internal/External): The evaluation group was made up of Fleet Procurement Co-ordinator, Fleet Maintenance Co-ordinator, Leading Hand Municipal Worker and Safety Advisor. The evaluation group utilised tender offers, information from recent evaluation inspections, quality of equipment recently delivered, on site inspections and evaluations for all items during the evaluation process. Legal Implications (statutory basis, legal risks): The tender process used met the requirements of S484 & S485 of the Local Government Act 1993. Policy/Local Law/Delegation Implications: Nil Financial and Resource Implications: The replacement of the trucks is in the 2010/11 Fleet budget carried forward. Asset Management Implications: Nil Environmental Implications: Nil Officer's Recommendation: That 1. Tender 94-11 Specification 1

in accordance with Section 484 of the Local Government Act 1993, Council resolves to enter into an agreement with Volvo Commercial Vehicles for the supply of one (1) UD MK11- 250E Leaf Suspension 3370mm wheelbase cab chassis plus operator training in accordance with Tender 94-11 specification 1 for the price of $65,611.82 GST Exclusive. Plant No. 062601;

in accordance with Section 484 of the Local Government Act 1993, Council resolves to sell surplus to requirement truck UD MK175 Plant No. 062600 Rego No 245HFF through an accredited auction house at the market value as soon as the new unit is commissioned to operation.

2. Tender 94-11 Specification 2

in accordance with Section 484 of the Local Government Act 1993, Council resolves to enter into an agreement with Volvo Commercial Vehicles for the supply of five (5) UD MK11- 250F Leaf Suspension 4230mm wheelbase cab chassis plus operator training in accordance with Tender 94-11 specification 2 for the individual price of $66,034.76 GST Exclusive. Total purchases $330,173.80 GST Exclusive. Plant No. 002901, 063602, 063702, 068801 and 110043;

in accordance with Section 484 of the Local Government Act 1993, Council resolves to sell surplus to requirement trucks UD MK190K Plant No. 002900 Registration No 386KYQ, Hino Dutro 7500 Plant No. 063601 Registration No.

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232KDU, Mitsubishi Fuso FE85 Plant No. 063701 Registration No. 378KAA and Isuzu FRR550 Plant No. 068800 Registration No. 040JIT through an accredited auction house at the market value as soon as the new unit is commissioned to operation.

3. Tender 94-11 Specification 3

in accordance with Section 484 of the Local Government Act 1993, Council resolves to enter into an agreement with Volvo Commercial Vehicles for the supply of four (4) UD MK11- 250K Leaf Suspension 4830mm wheelbase cab chassis plus operator training in accordance with Tender 94-11 specification 3 for the individual price of $66,458.04 GST Exclusive. Total purchases $265,832.16 GST Exclusive Plant No. 004401, 062001, 066601 and 082501;

in accordance with Section 484 of the Local Government Act 1993, Council resolves to sell surplus to requirement trucks Mitsubishi Canter FE649EW Plant No. 004400 Registration No 387KYQ, UD PK175 Plant No. 062000 Registration No. 318JKB, IVECO Daily 50C Plant No. 066600 Registration No. 041JITT and IVECO Daily 50C Plant No. 082501 Registration No. 040JIT through an accredited auction house at the market value as soon as the new unit is commissioned to operation.

4. Tender 94-11 Specification 4

in accordance with Section 484 of the Local Government Act 1993, Council resolves to enter into an agreement with Volvo Commercial Vehicles for the supply of two (2) UD MK11- 250 Leaf Suspension 5500mm wheelbase cab chassis plus operator training in accordance with Tender 94-11 specification 4 for the individual price of $67,092.96 GST Exclusive. Total purchases $134,185.92 GST Exclusive. Plant No. 062801 and 064401;

in accordance with Section 484 of the Local Government Act 1993, Council resolves to sell surplus to requirement trucks UD MK175K Plant No. 062800 Registration No. 203HFF and UD MK175 No. 064400 Registration No. 203HFF through an accredited auction house at the market value as soon as the new unit is commissioned to operation.

5. Tender 94-11 Specification 5

in accordance with Section 484 of the Local Government Act 1993, Council resolves to enter into an agreement with Gold Coast Isuzu for the supply of four (4) Isuzu FRR600 Crew 5160 wheel base crew cab chassis plus operator training in accordance with Tender 94-11 specification 5 for the individual price of $108,636.36 GST Exclusive. Total purchases $434,545.44 GST Exclusive. Plant No. 062101, 064101, 068801 and 082301;

in accordance with Section 484 of the Local Government Act 1993, Council resolves to sell surplus to requirement trucks Hino Dutro 5000 Plant 062100 registration 460JLH, Mitsubishi Canter FE649 Plant No. 064100 Registration No. 483HEB, Mitsubishi Canter FE647EW Plant No. 068800 Registration No. 009GGM and IVECO Daily 50C Plant No. 082301 Registration No. 987JFI through an accredited auction house at the market value as soon as the new unit is commissioned to operation.

6. Tender 94-11 Specification 6

in accordance with Section 484 of the Local Government Act 1993, Council resolves to enter into an agreement with Volvo Commercial Vehicles for the supply of one (1) UD PK16-280L Leaf Suspension 5500 wheel base cab chassis plus operator training in accordance with Tender 94-11 specification 6 for the individual price of $93,231.60 GST Exclusive. Plant No. 061901;

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in accordance with Section 484 of the Local Government Act 1993, Council resolves to sell surplus to requirement truck Isuzu NPR400 Plant No. 061900 Registration No. 436KUI through an accredited auction house at the market value as soon as the new unit is commissioned to operation.

7. Tender 94-11 Specification 7

in accordance with Section 484 of the Local Government Act 1993, Council resolves to enter into an agreement with Volvo Commercial Vehicles for the supply of one (1) UD 11-250 Auto Leaf Suspension 4830mm wheel base cab chassis plus operator training in accordance with Tender 94-11 specification 7 for the individual price of $68,574.44 GST Exclusive. Plant No. 084001;

in accordance with Section 484 of the Local Government Act 1993, Council resolves to sell surplus to requirement truck Isuzu FRR550 Plant No. 084000 Registration No. 439LDO through an accredited auction house at the market value as soon as the new unit is commissioned to operation.

8. Tender 94-11 Specification A

in accordance with Section 484 of the Local Government Act 1993, Council resolves to enter into an agreement with Giblins Motor Bodies for the supply of three (3) Works Project Truck Specification A bodies in accordance with Tender 94-11 Specification A for the individual price of $39,510 GST Exclusive. Total Price $118,530.00. Plant No. 004401, 066601 and 082502.

9. Tender 94-11 Specification B

in accordance with Section 484 of the Local Government Act 1993, Council resolves to enter into an agreement with Ross Allen Truck and Trailers for the supply of one (1) Works Concrete Crew Specification B bodies in accordance with Tender 94-11 Specification A for the individual price of $37,681.82 GST Exclusive. Total Price $150,727.28. Plant No. 062101, 064101, 068601 and 082302.

10. Tender 94-11 Specification C

in accordance with Section 484 of the Local Government Act 1993, Council resolves to enter into an agreement with Giblins Motor Bodies for the supply of one (1) Tipping Platform Body Specification C in accordance with Tender 94-11 Specification D for the price of $31,200 GST Exclusive.

11. Tender 94-11 Specification D

in accordance with Section 484 of the Local Government Act 1993, Council resolves to enter into an agreement with Giblins Motor Bodies for the supply of two (2) Tipping Body Specification D in accordance with Tender 94-11 Specification D for the price of $23,500 GST Exclusive; Total Purchase $47,000 GST Exclusive. Plant No. 002901 and 063702.

12. Tender 94-11 Specification E

in accordance with Section 484 of the Local Government Act 1993, Council resolves to enter into an agreement with Giblins Motor Bodies for the supply of one (1) Wood Chip Tipping Body Specification E in accordance with Tender 94-11 Specification E for the price of $28,800 GST Exclusive; Plant No. 062601.

13. Tender 94-11 Specification F

in accordance with Section 484 of the Local Government Act 1993, Council resolves to enter into an agreement with Tilta Industries for the supply of one (1) Tilta 5T Tilt Tipping Body Specification F in accordance with Tender 94-11

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Specification F for the price of $45109.91 GST Exclusive; Total Purchase $92,219.82. Plant 062801 and 064401.

14. Tender 94-11 Specification H

in accordance with Section 484 of the Local Government Act 1993, Council resolves to enter into an agreement with Giblins Motor Bodies for the supply of two (2) Tipping Body Specification H in accordance with Tender 94-11 Specification H for the price of $40,750 GST Exclusive. Plant No. 068801.

15. Tender 94-11 Specification J

in accordance with Section 484 of the Local Government Act 1993, Council resolves to enter into an agreement with Ross Allen Trucks and Trailers for the supply of one (1) Tipping Body Specification J in accordance with Tender 94-11 Specification J for the price of $40,650 GST Exclusive. Plant No. 110043.

16. Tender 94-11 Specification K

in accordance with Section 484 of the Local Government Act 1993, Council resolves to enter into an agreement with Ausroad Systems Pty Ltd for the supply of one (1) Hotmix Ashphalt Pavement unit 43metre body in accordance with Tender 94-11 Specification K for the price of $197,154.55 GST Exclusive. Plant No. 061901.

17. Tender 94-11 Specification L

in accordance with Section 484 of the Local Government Act 1993, Council resolves to enter into an agreement with Ausroad Systems Pty Ltd for the supply of one (1) Hotmix Ashphalt Pavement unit 4 cubic metre body in accordance with Tender 94-11 Specification K for the price of $118,600.00 GST Exclusive. Plant No. 084002.

18. Tender 94-11 Specification M

in accordance with Section 484 of the Local Government Act 1993, Council resolves to enter into an agreement with Giblins Motor Bodies for the supply of one (1) Tipping Body Specification M in accordance with Tender 94-11 Specification M for the price of $40,650.00 GST Exclusive. Plant No. 063601.

Attachments: 1. Annex A 2. Annex B 3. Annex C Tabled Items: 1. Nil Report Prepared by: Fleet Procurement Coordinator

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G/5.2.3 PROPOSED STREET NAME FOR EDEN CHASE DEVELOPMENT STAGES

7 & 8 - LOT 900 SP 190798 REQUEST FOR NAMING NEW ROAD RESERVE OFF STURT COURT

Responsible Officer: Director Corporate Services Council Meeting Date: 06 September 2011 Executive Summary: This report provides Council with information on a request from Yeats to name a new road reserve within Stages 7 & 8 of the Eden Chase Development that are part of the development application 10242/2008/DA in Glen Eden. This report recommends that the road be named Kennedy Close. Background: Council has received an application from Yeats to name 3 Roads (indicated on the proposed road naming plan). Yeats propose to name the roads by continuing the existing theme which is based on Australian Explorers. Comment: Under the former Gladstone City Council, approval was given to use the names of Wentworth and Dampier in future stages of the development. As a result there remains only one new road reserve to name. The proposed name is Kennedy Close. This name supplied by Yeats meet Councils current policy stand and follows the existing development theme of Australia Explorers. It is proposed that the following names will be allocated to the roads as shown in the road layout plan : Road 2 – Wentworth Place (Approved under former GCC & Development Application); Road 3 – Dampier Court (Approved under former GCC & Development Application); Road 4 – Kennedy Close (This application) Alternatives Considered: The proposed names were checked for duplication and for similar sounding to those of existing road names. As the proposed name met the policy criteria, no alternatives were considered. Link to Corporate/Operational Plan: 4.1.1 Strategy – Provide an effective rural road network.

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Communication/Consultation (Internal/External): Yeats; Mapping & Asset Officers; and Development Officers. Legal Implications (statutory basis, legal risks): Nil Policy/Local Law/Delegation Implications: The proposed name conforms to the “Naming of Streets, Roads, Parks, Bridges & Other Place Names” policy. No. P-3.06.01 states: Preferred sources of names include:

Indigenous names of local fauna, flora and features; Early local settlers, pioneers, explorers, and other local eminent persons; War/casualty lists; Theme based naming (eg ships, bushrangers); and Local landmarks or specific features.

Financial and Resource Implications: Nil initially as installation of appropriate signage will be carried out as part of the development. Asset Management Implications: Ongoing road & signage maintenance. Environmental Implications: Nil Officer's Recommendation: That 1. the road name Kennedy Close be approved; and 2. Yeats be advised of the approved name. Attachments: 1. Correspondence from Yeats Tabled Items: 1. Nil Report Prepared by: Assets & Mapping Coordinator

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G/5.2.4 PROPOSED STREET NAMES FOR ELLIOTS RISE DEVELOPMENT STAGE

1 - LOT 101 RP 836843 REQUESTS FOR NAMING NEW ROAD RESERVES OFF TARRAWONGA & CAPRICORNIA DRIVE

Responsible Officer: Director Corporate Services Council Meeting Date: 06 September 2011 Executive Summary: This report provides Council with information on a request from Kevin Holt Consulting to name new road reserves within Stage 1 of the Elliots Rise Development on Capricornia Drive that are part of the development application 384/2011/DA in Calliope. This report recommends that the roads be named Woodward Avenue, Fleet Street & Carnaby Street. Background: Council has received an application from Kevin Holt Consulting to name 3 Roads (indicated on the proposed road naming plan). Kevin Holt Consulting have proposed to name the roads by using a theme based on famous world street names. Comment: The names proposed are the following: Proposed Road Name Road Number on Plan Woodward Avenue Road 3 Fleet Street Road 4 Carnaby Street Road 8 These names supplied by Kevin Consulting meet Councils current policy stand and do follow the theme based on famous roads. There are also enough unique names that follow this theme to complete the remaining stages of the subdivision without having to change themes. Road 1 as shown on the plan is an extension of the existing Capricornia Drive and will be named as Capricornia Drive. Alternatives Considered: The proposed names were checked for duplication and for similar sounding to those of existing road names. As the proposed names met the policy criteria, no alternatives were considered. Link to Corporate/Operational Plan: 4.1.1 Strategy – Provide an effective rural road network.

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Communication/Consultation (Internal/External): Kevin Holt Consulting; Mapping & Asset Officers; and Development Officers. Legal Implications (statutory basis, legal risks): Nil Policy/Local Law/Delegation Implications: The proposed name conforms to the “Naming of Streets, Roads, Parks, Bridges & Other Place Names” policy. No. P-3.06.01 states: Preferred sources of names include:

Indigenous names of local fauna, flora and features; Early local settlers, pioneers, explorers, and other local eminent persons; War/casualty lists; Theme based naming (eg ships, bushrangers); and Local landmarks or specific features.

Financial and Resource Implications: Nil initially as installation of appropriate signage will be carried out as part of the development. Asset Management Implications: Ongoing road & signage maintenance. Environmental Implications: Nil Officer's Recommendation: That 1. the road names Woodward Avenue, Fleet Street, and Carnaby Street be

approved; and 2. Kevin Holt Consulting be advised of the approved names. Attachments: 1. Correspondence from Kevin Holt Consulting Tabled Items: 1. Nil Report Prepared by: Assets & Mapping Coordinator

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G/5.2.5 RENEWAL OF TERM LEASE TL 219577 ON LOT 198 FD 278 - WATER

RESERVE Responsible Officer: Director Corporate Services Council Meeting Date: 06 September 2011 Executive Summary: This report seeks Council's views on the renewal of Term Lease TL 219577 on Lot 198 FD 278 over the Water Reserve and the surrendering of this reserve. Background: The attached correspondence has been received from the Department of Environment and Resource Management (DERM) as the term of the above lease is due to expire. Comment: This parcel of land is situated along Neils Road, outside of Rosedale (refer attached map). Officers have no concerns with the granting of a new term lease over this reserve area. The letter from DERM also asks Council if the reserve is still required for its gazetted purpose. From the aerials there does not appear to be any significant body of water within the reserve. Officers are not aware of this reserve being used to extract water in the past and there are no plans to do so in the future. Alternatives Considered: Nil Link to Corporate/Operational Plan: Nil Communication/Consultation (Internal/External): The correspondence received from DERM has been distributed internally for officer's comments. Legal Implications (statutory basis, legal risks): Nil Policy/Local Law/Delegation Implications: Nil

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Financial and Resource Implications: Nil Asset Management Implications: Nil Environmental Implications: Nil Officer's Recommendation: Council resolves to advise the Department of Environment and Resource Management that: 1. No objection be offered to the granting of a new term lease; and 2. The water reserve is no longer required for its gazetted purposes and Council

therefore surrenders the reserve. Attachments: 1. Correspondence received from DERM 2. Map of Lot 198 FD 278 Tabled Items: 1. Nil Report Prepared by: Personal Assistant to the Director Corporate Services

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G/5.3 INFRASTRUCTURE SERVICES G/5.3.1 ROADS TO RECOVERY PROGRAM CAMPAIGN Responsible Officer: Director Infrastructure Services Council Meeting Date: 6 September 2011 Executive Summary: The purpose of this report is to allow Council to consider supporting a campaign by the ALGA to make the Roads to Recovery (R2R) funding program permanent with a mechanism to increase funding automatically. Background: The National Local Roads Congress commenced in 2000 and led to the creation of the Roads to Recovery Program. The program has been extended twice since inception, and is due to finish in 2014. All up the program will have provided about $4.5 billion directly to local government over its life. The R2R program currently contributes about $1million to Councils annual roadworks program. Comment: On the 28 July 2011 Council received a letter from Mayor Genia McCaffery – President ALGA seeking Councils support in a campaign to keep the R2R program alive. (see Attachment) The letter outlines a strategy to lobby for the extension and increased funding of the R2R program. Specifically Council is requested to adopt the following;

Gladstone Regional Council calls on the Federal Government to

Recognize the successful delivery of the Roads to Recovery Program by local government since 2000.

Continue the Roads to Recovery Program on a permanent basis to assist local government meet its responsibilities of providing access for its communities

Continue the Roads to Recovery Program, with the current administrative arrangements; and

Provide an increased level of funding under a future Roads to Recovery Program that recognises the shortfall of funding on local roads of $1.2 billion annually.

This year’s National Local Roads Congress will be held in Mt Gambier South Australia, (see Attached Program).

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President’s Message D E A R COL L E AGUES National Local Roads and Transport Congress in Mt Gambier, South Australia The theme and focus for the 2011 National Local Roads and Transport Congress is Better Roads are Safer Roads. On average, four people are killed and 80 are seriously injured every day on Australia's roads. Every year about 1,500 lives are lost and 30,000 people are hospitalised as a result of crashes on Australian roads. Everyone has been touched in some way by road crashes—road crashes cut lives short, leave many people with permanent injuries and cost the nation around $27 billion each year. The National Road Safety Strategy 2011-2020 contains a range of initiatives and interventions in four key areas—Safe Roads, Safe Speeds, Safe Vehicles and Safe People. The strategy sets out broad directions for the future of Australian road safety, proposed initiatives for the first three years and a range of options for further consideration as the strategy progresses. Local government and local roads play a key role in road safety. As we all know, local roads make up approximately 80% of Australia’s road network. Local government welcomes the strategy’s greater emphasis on local roads as well as specific targets to reduce deaths and fatalities One of the best ways to improve road safety is to improve the roads. We have long argued that the condition of local roads is poor and at the Congress in Bunbury last year ALGA released a study that showed the shortfall in local road funding is $1.2 billion a year. There is little doubt that the conditions on our local road system contribute to the number of deaths and injuries on our roads. The National Local Roads and Transport Congress is an annual event when councils gather as a united national force to develop and refine a coherent case for improved investment in local roads, local government owned transport infrastructure and other transport infrastructure that impacts on our communities. This year’s National Local Roads and Transport Congress will feature speakers talking about the new National Roads Safety Strategy, a panel session discussing topical road safety issues in a hypothetical format, sessions looking at roads safety initiatives that you can implement in your community, other transport issues relevant to local government as well as the opportunity to hear from Federal Ministers and key federal politicians.

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I look forward to delegates from as many councils as possible attending the Congress so that we can ensure its outcomes reflect the views of local government and that it delivers in a strong and united local government voice to the Federal Government the message that Better Roads are Safer Roads. See you in Mt Gambier. Yours sincerely Mayor Genia McCaffery President ALGA

Gladstone’s attendance at the National Local Roads Congress will support the lobby campaign. This representation would be best achieved by the attendance of the Infrastructure Portfolio spokesperson and the Director of Infrastructure Services. Alternatives Considered: Nil Link to Corporate/Operational Plan: 1.2.1 - Manage Council’s financial and physical resources to the most beneficial and sustainable effect. 4.1.1 - Plan, develop, and maintain effective road networks and transport infrastructure across the region. Communication/Consultation (Internal/External): Australian Local Government Association, Mayor Gail Sellers Legal Implications (statutory basis, legal risks): Nil Policy/Local Law/Delegation Implications: Nil Financial and Resource Implications: Airfares and accommodation to attend the Congress would be approximately $3,000 per delegate. Asset Management Implications: Nil Environmental Implications: Nil

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Officer's Recommendation: That 1. The Mayor writes to the

Prime Minister Federal Minister for Infrastructure and Transport Leader of the Federal Opposition Federal Opposition Transport Spokesperson Local Federal Member

and advise them that

Gladstone Regional Council calls on the Federal Government to

Recognize the successful delivery of the Roads to Recovery Program by local government since 2000.

Continue the Roads to Recovery Program on a permanent basis to assist local government meet its responsibilities of providing access for its communities

Continue the Roads to Recovery Program, with the current administrative arrangements; and

Provide an increased level of funding under a future Roads to Recovery Program that recognises the shortfall of funding on local roads of $1.2 billion annually.

2. That Council authorises the Infrastructure Portfolio spokesperson, Deputy

Mayor Cr Matthew Burnett, to attend the 2011 National Local Roads Congress to be held in Mt Gambier South Australia

Attachments: 1. Letter from Australian Local Government Association. Tabled Items: 1. Nil Report Prepared by: Director Infrastructure Services

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G/5.4 STRATEGIC PLANNING Nil. G/5.5 STATUTORY PLANNING G/5.5.1 DEVELOPMENT APPLICATION DA/342/2011 MATERIAL CHANGE OF USE

OF PREMISES FOR MULTIPLE UNIT RESIDENTIAL (34 UNITS) AT 57 CENTRAL LANE, GLADSTONE

Responsible Officer: Director Statutory Planning Council Meeting Date: 6 September 2011 Development Application:

Application Number: DA/342/2011

Applicant: Stokeston Pty Ltd Care JFP Urban Consultants

Owner: Stokeston Pty Ltd

Date of Receipt: 6 June 2011

Location: 57 Central Lane, Gladstone

RPD: Lot 2 SP 235958

Area: 2,043m2

Current Use of Land: Vacant

Zoning: Residential (Higher Density)

Proposal: Multiple Unit Residential (34 units)

Submissions Close Date: Not Applicable - Code Assessable

Number of Submissions: Not Applicable - Code Assessable

Executive Summary: A Code Assessable Development Application for Multiple Unit Residential (34 units) was lodged with Council on 6 June 2011. This development application has been made by the same developer as the recently completed G80 units at 80 Glenlyon Street, The Pinnacle units currently under construction at 40 Roseberry Street, the recently approved G60 unit complex which adjoins this site to the west and also the proposed mixed use development at 30 Goondoon Street, which is also being considered at this meeting. The proposal is considered to generally comply with the requirements of the Planning Scheme and is therefore recommended for approval subject to reasonable and relevant conditions. Subject Site: The subject site is located at 57 Central Lane and is within the Residential (Higher Density) Zone of the City Locality. The subject site is 2,043m2 in size and generally rectangular in shape. The site slopes gently down from the street frontage of the site to the rear of the site, towards Glenlyon Street. The site has a frontage of approximately 42 metres to Central Lane and is currently vacant. Adjoining the site to the north is an

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existing 8 unit development. Behind the subject site, lots fronting Glenlyon Street include an existing 10 unit development and a large vacant parcel that has approval for 64 residential units (G60 development). The following figures illustrate the location and form of the subject site.

Figure 1: Location of Subject Site

Figure 2: Current form of Subject Site from Central Lane facing south

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Figure 3: Current from of Subject Site from Central Lane facing north Background: The application was considered properly made on 6 June 2011 and therefore has been considered under The Gladstone Plan 2006. Under The Gladstone Plan the proposed DA – Multiple Unit Residential (34 units) within the Residential (Higher Density) Zone requires Code Assessment. This site has had a previous approval for 16 units, granted in 2005, however it lapsed in 2009. Proposal: The applicant seeks a Development Permit for Multiple Unit Residential (34 units) at 57 Central Lane. The development includes 34 permanent residential accommodation units of a 2 bedroom configuration. The development is comprised of a single building, with car parking at ground/semi basement level and 4 levels of residential units above. This is a similar configuration to the completed G80 development and recently approved G60 development, which adjoins this site to the west. The building, at its uppermost projection, is approximately 16m above natural ground level. Access to the site is proposed via Central Lane with a single two lane driveway. All car parking is contained on the ground level and is made up of 34 resident spaces, 17 visitor spaces and a single car wash bay. Residents and visitors then access the upper residential levels of the building via an entrance lobby from the ground floor or the elevator from the car park level. The development also incorporates a common area of 100m2 at the ground level of the site to the Central Lane frontage that will be accessible by all residents of the complex. The landscaping intent for the site shows that this area will include a grassed lawn area to the road frontage with deep planting along the building façade. The landscaping intent also discusses the use of landscaping and pathways to the side and rear boundaries as shown in Figure 4 below. The overall development of the site proposes a total of 40.2% site cover. The building will be setback a minimum of 3 metres from side boundaries, with an articulated built form. The development is also a minimum of 6 metres from both the front and rear boundaries.

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The following images illustrate the overall site plan of the development.

Figure 4: Proposed Site Layout

Figure 5: Proposed Development - Central Lane facing north

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Figure 6: Car parking Layout Referral: The application triggered referral to the following concurrence agencies in accordance with the Sustainable Planning Act 2009;

Department of Transport and Main Roads (DTMR) for proximity to a State Controlled Road (Glenlyon Road/Hanson Road).

DTMR have provided their final concurrence agency response on 23 June 2011, a copy of which has been included as an attachment. The response basically, approves the development in accordance with the proposal plans. It is noted that DTMR were aware of this proposal when assessing the previous application for the G60 units on Glenlyon Street. As a concurrence agency response must form part of any decision made, these responses have been recommended to be included as part of the conditions of approval.

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Assessment: The subject site is located within the Uptown Precinct of the City Locality and in the Residential (Higher Density Zone). The primary focus for this zone and locality is to encourage the City’s major business centre supporting and driving the growth of business in the Port, the industrial areas, the Gladstone State Development Area and in the Gladstone CBD. The overall character of the locality is to be highly accessible, convenient and attractive to residents and visitors and provide greater opportunities for a diverse and accessible range of housing options for residents. Specific overall outcomes sought for the Uptown Precinct are to maintain and reinforce the role of the Uptown Precinct as the principal commerce centre for the city. Surrounding high density zoned land is to support residential development to create an integrated mix of residential accommodation. The outcomes of development of this type are to increase the residential density of the City Locality in appropriate locations. The proposed higher density residential use will support the role of the nearby Commercial Zone and CBD as well as support the overall function of the Uptown Precinct. It should be noted that the subject site lies within the Urban designation of the Gladstone Strategic Framework which seeks to maximise the benefits of existing urban facilities and infrastructure by maintaining and consolidating development within the existing urban areas. It is therefore considered that the proposed development is compatible and is a benefit to both the locality and city as a whole. Planning Scheme Requirements: The subject site is located within the Residential (Higher Density) Zone of the City Locality. In accordance with the Gladstone Planning Scheme the proposed development requires Code Assessment against the following Codes:

City Locality Code; Residential Code; Environment and Infrastructure Code; and Operational Works Code.

Assessment against the provisions of the relevant Codes has been undertaken, and for the most part, where applicable, the proposal is considered to comply with these requirements. The development is comprised of a single building proposed to contain 34 units. The maximum unit density in this locality for a site of this size is 1 unit per 60m². The development proposes a total of 34 units over the 2,043 m² site, resulting in a compliant density of 1 unit per 60m² of site area. The buildings will be setback a minimum of 3 metres from side boundaries with an articulated and varied built form to minimise the impact of building bulk. It is noted that the Planning Scheme requires a setback of half the height of the building, or 3 metres. In this instance it is considered onerous to expect the development to be setback half the height of the building (8 metres) and the setbacks of 3 metres can still achieve the Specific Outcome by maintaining privacy, sunlight and breezes to adjoining properties. The development is setback a minimum of 6 metres from the rear and in excess of 6

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metres from the Central Lane frontage, compliant with the Planning Scheme requirements. The overall development of the site proposes a total of 40.2% site cover which exceeds the maximum of 40% permitted by the scheme by approximately 4m². This non compliance can be considered to be adequately compensated for by the articulated built form and compliant setbacks to ensure that the building bulk does not dominate the streetscape or locality. As such, the site cover of 40.2% is considered acceptable in this instance. A maximum height of 16 metres is allowable in accordance with the City Locality Code. The building is proposed to have a maximum projection of the prescribed 16 metres which tapers to follow the natural contours of the site. As seen within Figure 4 above, the development will include a communal open space area 100m² in size to the Central Lane frontage. Further to this, each unit will have access to private open space in the form of a balcony from the main living area, as well as the main bedroom of the unit. These balconies are a minimum of 15m2 and will enable residents to have access to private recreational space. This results in a total provision of 610m² of combined private and communal open space, with the Planning Scheme requiring the provision of at least 60m² of communal open space at ground level and for balconies to be a minimum of 15m². It is also considered that the provision of larger private balconies is more valuable than the communal open space. Private open space provided as an extension of the living areas of the unit mean that the area is more likely to be used on a daily basis as part of the functionality of the unit. This provision of private and communal space ensures that the open space requirements of the Planning Scheme have been achieved. Landscaping has been proposed to the frontage of Central Lane creating a landscaped area of varying widths along the main road frontage. It is noted that a bin storage/collection area is proposed in the front setback to the right of the entrance driveway. This enclosure will be required to be fenced and landscaped appropriately so as not to impact on the visual amenity of the site when viewed from Central Lane. Landscaping of a minimum width of 1m is also proposed along both side boundaries and the rear of the site includes a dense landscaped area. As such, the landscaping is considered to be adequately designed for the purpose of the development (refer to Figure 4 for concept landscaping plan). Car parking is to be provided at the rate of 1.5 spaces per unit (being one covered space for residents and half a space for visitors, plus 1 additional space dedicated as a car wash bay) therefore requiring a total of 52 spaces (34 of which are to be covered) all of which have been provided. The layout of the car park results in all vehicles being able to enter and exit the site in a forward direction onto Central Lane. Access to the development will be via a single entry and exit driveway from Glenlyon Street. A Traffic Engineering Assessment was conducted by TTM to assess the impact of the proposal on adjoining roads, particularly the state controlled road (Glenlyon Street/Hanson Road). This Traffic Engineering Assessment Report concluded that the current intersections of Roseberry Street/Central Lane, William Street/Central Lane and William Street/ Glenlyon Street can adequately deal with the expected traffic increases as a result of this development. The Department of Transport and Main Roads raised no issues with the recommendations of the traffic report. Given the topography of the site, stormwater drainage is not able to be drained into the system in Central Lane. As such, stormwater will drain through an existing easement

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on the adjoining 64 Glenlyon Street. This easement was established for this very purpose when the lots were amalgamated prior to this application being made. The easement is show within the following Figure 7.

Figure 7. Existing easement and services over adjoining 64 Glenlyon Street Based on this assessment the proposal for Multiple Unit Residential (34 units) at 57 Central Lane is considered to comply with the requirements and intent of the Planning Scheme as a whole and is therefore recommended for approval subject to reasonable and relevant conditions. Officer's Recommendation: That the application for a Material Change of Use of Premises for Multiple Unit Residential (34 units) at 57 Central Lane, Gladstone, be approved, subject to the following conditions;

1. Development is to be carried out generally in accordance with the submitted application including the following plans:

Drawing Number Drawing Name Date 3058_DA-001_P1 Location Plan 19 May 2011 3058_DA-002_P1 Site Analysis 19 May 2011 3058_DA-003_P1 Perspective 1 19 May 2011 3058_DA-005_P1 Perspective 2 19 May 2011 3058_DA-006_P1 Ground Floor Plan 19 May 2011 3058_DA-007_P1 Level 1 Floor Plan 19 May 2011 3058_DA-008_P1 Typical Level Floor Plan 19 May 2011 3058_DA-009_P1 Roof Plan 19 May 2011 3058_DA-010_P1 Elevations - Sheet 1 19 May 2011 3058_DA-011_P1 Elevations - Sheet 2 19 May 2011

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3058_DA-012_P1 External Finishes 19 May 2011 3058_DA-013_P1 Sections 19 May 2011 3058_DA-014_P1 Site Cover Calculations 19 May 2011 3058_DA-015_P1 Unit Types 19 May 2011 G3048L LC01 B Landscape Intent Plan 1 June 2011 G3048L LC02 B Landscape Planting Palette 1 June 2011 G3048E - Revision B Site Based Stormwater

Management Plan July 2011

except where amendments are required to satisfy the conditions of this approval.

2. Development is to comply with Department of Transport and Main Roads

Concurrence Agency Conditions dated 23 June 2011 (Attached). Building Works

3. A Development Permit for Building and Plumbing Works is to be obtained in accordance with the Sustainable Planning Act 2009. Construction is to comply with the Building Act 1975, the Building Code of Australia and the requirements of other relevant authorities. This includes appropriate access and facilities for the disabled and compliance with the relevant fire classification requirements in accordance with the Building Code of Australia.

4. The floor material and thickness to all floors above car parking areas is such

that internal residential sleep disturbance noise levels are not exceeded. 5. Details of the proposed colour scheme, materials and finishes for all external

areas of the building are to be submitted to Council for approval prior to the issue of a Development Permit for Building Works.

6. Appropriate erosion and sedimentation control measures are to be utilised

during any Building Works carried out as a result of the development.

7. The proposed access driveway is to be constructed in accordance with Council's Standard Drawings RT-0055. The applicant is required to obtain an Operational Works approval from Council for the proposed crossover.

8. Provision of an 1800 mm high screen fence to side and rear boundaries, other

than that section forward of the building line which shall be no greater than 1.2 metres in height, the details of which are to be submitted with any building works application on the site.

9. Building Works application shall detail the proposed location of water tanks as

required by Part 25 of the Queensland Development Code. 10. Prior to building work proceeding beyond the ground floor level, certification is

to be received from a qualified surveyor that the ground floor level is in accordance with the approved plans; prior to building work proceeding beyond the first floor level, certification is to be received from a qualified surveyor that the first floor level is in accordance with the approved plans; and prior to building work being certified for completion, certification is to be received from a qualified surveyor that the finished roof height does not exceed 16 metres above natural ground level.

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11. All plant and equipment (including air conditioners, exhaust fans, fire cabinets and the like) are to be housed, screened and located so that these do not cause environmental nuisance or harm to residential uses in the surrounding area. Additionally, the roof form is to be shaped to cap the building and to screen roof plant and other equipment when viewed from public spaces or adjoining properties.

12. Privacy screening on balconies as shown on the submitted elevations of the

approved plans, 'Elevations - Sheet 1 & 2' numbered 3058_DA-010_P1 & 3058_DA-011_P1 shall be erected and permanently fixed prior to the commencement of the use. The privacy screens shall allow no more than 25% visual permeability.

13. Open storage areas shall be adequately screened so as not to detract from the

visual amenity of the area. One way of achieving compliance with this condition is as follows:

Outdoor storage areas are situated in locations not visible from the street; A 1.8m solid screen fence is located around storage areas.

Operational Works 14. The operational works for water supply and sewerage must comply with the

recommendations made within the 'Infrastructure Planning Water and Sewer Assessment' for 55-57 Central Lane and dated 8 June 2011. Compliance with this assessment in respect of sewerage may include a monetary contribution of $10,500 (note that this contribution will be subject to CPI) for the upgrade of the A01 Sewer Pump Station, identified within the Infrastructure Planning Water and Sewer Assessment.

15. A Development Permit for Operational Works must be obtained from Council

prior to the commencement of construction. The Development Application for Operational Works is to include the following:

transportation (including the driveway crossover); stormwater management; water supply; wastewater; and landscaping

16. The design and supporting calculations / documentation associated with these

works must be certified by a Registered Professional Engineer of Queensland (RPEQ).

17. Operational works shall be designed and constructed in accordance with

Council's relevant standards at the time of lodgement of an application for an Operational Works Permit and in accordance with the relevant Australian Standards and good engineering practice. Council’s current standards include:

Roads and Transport Standard 2005 (Joint CSC and GCC) Gladstone City Council Subdivision Guidelines, Rev 4, Nov 02 (Section 7) Water Supply Standard 2006 (Joint CSC and GCC) Sewerage Design Standard 2003 (Joint CSC and GCC)

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18. The operational works drawings shall contain adequate information to position each component of infrastructure by coordinates to GDA94 and levels to Australian Height Datum (AHD). The drawings shall also indicate the identification number, position and recorded level of the Permanent Survey Mark (PSM) from which the project’s horizontal and vertical position was derived.

19. The Operational Works are to be executed under the supervision of a RPEQ.

The applicant / developer must give to the Council, construction certificates from such supervising engineer, that the work has been constructed in accordance with the Operational Works Permit and good engineering practice, together with relevant quality assurance, operation and maintenance, and “as constructed” documentation. This includes provision of a CCTV report on all sewer mains installed as part of the development.

20. The “as constructed” drawings and associated electronic documentation are to

be certified by the supervising engineer and by a registered surveyor stating that the as constructed information shown on the “as constructed” drawings represent a complete and accurate record of the works as executed. Council reserves the right to utilise for its own purposes and the sale of information provided within the “as constructed” drawings provided by the applicant / developer.

21. Any alterations to, extension of, or upgrading of Council assets / infrastructure

or other service authorities’ infrastructure necessitated by this MCU proposal (including earthworks, retaining structures, roadworks, pedestrian / bicycle pathways, stormwater drainage, water supply, sewerage, electrical and telecommunication services, reticulated gas etc.) is the responsibility of the applicant / developer.

Landscaping 22. The footpath (verge) area fronting the site is to be top dressed and turfed on

completion of operational works and all disturbed areas and existing infrastructure (driveways, kerbing, markers etc) within road reserves is to be fully restored on completion of the operational works.

23. An Operational Works application for landscaping must include but shall not be

limited to drawings, specifications and reports containing the following information:

Outline of the buildings; Existing trees (height location); Trees to be removed; Proposed planting (quantity, species and expected mature height); Paths and paving (location and materials); and The method of planting and the proposed maintenance program.

The landscaping of the site shall incorporate:

All areas of landscaping nominated on the approved plans being

'Landscape Intent Plan', drawing number G3048L LC01 B, dated 1 June 2011.

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Areas of deep planting are to be provided along the frontages of the site. The landscaping shall screen vehicle parking areas and ensure an attractive streetscape.

The landscaping provided shall be in accordance with Council's preferred landscape plant list.

24. Landscaping referred to within condition 23 above is to be maintained to a high

standard at all times. 25. Nominated communal open space areas are permanently accessible to all

residents of the development and may not be allocated to any particular units or units for exclusive use and/or access.

Transportation 26. Provision of a minimum of 52 car parking spaces on site, 34 of which are to be

covered, in accordance with the approved plan being, Ground Floor Plan, 3058_DA-006_P1dated 19 May 2011, including designated disabled car parking spaces. These spaces and all vehicle movement areas are to be constructed, drained, linemarked and maintained in accordance with Part 14 Division 4 of the Planning Scheme for the City of Gladstone and AS 2890.1.

27. Provision of a 2.0 metre wide concrete footpath for the full extent of the Central

Lane frontage of the site. The applicant is required to obtain an approval as part of an application to Council for Operational Works.

28. The footpath referred to in condition 27 above shall be of a non-skid surface

acceptable to Council and be flat and continuous in grade. 29. Any grassed footpath areas disturbed by the development are to be top dressed

and turfed following completion of construction activity. 30. The applicant is to submit a Traffic Engineer’s Certification (RPEQ) that all

vehicle movements (service vehicles and passenger vehicles) through the site comply with AS2890.1 prior to the issue of the Development Permit for Building Works.

Earthworks 31. Any filling carried out on site is to be in accordance with AS3798-1996 and shall

be certified by a suitable qualified person as being carried out in accordance with the standards and specification. The certification shall indicate level of testing responsibility that has been used i.e. Level 1 or Level 2.

32. The subject site is identified as an area located between 5m AHD and 20m

AHD on the Acid Sulfate Soils Overlay Plan 1. Where excavation or filling is to be undertaken in areas of acid sulfate soils, a comprehensive approach to acid sulfate soil management is undertaken to:

(i) maintain the water quality and ecological health of the receiving

environment; (ii) avoid adverse effects on environmentally sensitive areas; and (iii) avoid accelerated corrosion of assets such as buildings, structures,

roads and other infrastructure.

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One way of achieving compliance with the condition is as follows: (i) no acid sulfate soil will be disturbed ; or (ii) less than 100m3 of acid sulfate soil with either >0.7% peroxide

oxidisable sulphur or > 400 moles H+/tonne TPA or TAA will be disturbed.

A report demonstrating compliance with the requirements for the management of acid sulfate soils as detailed above shall be submitted to Council as part of the Development Application for Operational Works.

33. Appropriate erosion and sediment control measures are to be implemented

during any operational works or building works carried out in association with the development.

Lighting 34. All lighting at ground level and associated with illuminating ground level areas

must be focussed downwards and be provided with hoods, shades or other permanent devices to direct illumination downwards and not allow upward lighting to adversely affect the residential uses on the site and surrounding sites.

35. Any security lighting shall be so designed to ensure that nuisance is not caused

to adjoining areas by the spillage of light. Sewerage Infrastructure 36. All sanitary drainage for the development must drain to a new sewerage

maintenance hole (1050mm diameter) to be constructed on the existing sewer within the site, as close as practical to the southern side boundary. An easement must be provided over the existing and new sewerage infrastructure works within the site in favour of Council and at no cost to Council prior to the commencement of the use.

37. Work on Councils live sewerage infrastructure must be carried out by Council’s

Water and Sewerage Department with the cost of these works to be borne by the applicant.

38. The location of the proposed buildings shall comply with Council Policy 19.7 -

Revision 1 - Building Adjacent to and Over Sewers, Stormwater and Water Assets.

Water Infrastructure

39. A water service connection is to be provided from the water main in Central

Lane to the front property boundary of the development. The location of the water service in relation the common side boundaries is to be determined in consultation with Council’s Water and Sewerage Department.

40. Connections to Councils live water reticulation network and the installation of

water meters to service the development must be carried out by Councils Water and Sewerage Department. The cost of these works is to be borne by the applicant.

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41. Each dwelling unit is to be sub-metered in accordance with the requirements of

the Queensland Development Code. Sub-meters must be purchased from Council.

42. Individual water meters (sub-metering) shall be provided for each unit in

accordance with the Water and Other Legislation Amendment Act 2007. 43. Any strata titling of the development will require certification from a Hydraulic

Engineer that the metering of water for the development complies with the Water and Other Legislation Amendment Act 2007. Council uses Elster Smart Metering System or equivalent.

Stormwater Management 44. Stormwater infrastructure must adequately drain the site and must cater for

stormwater flows through the site (if applicable) and discharge any runoff from the site to a “lawful point of discharge” as defined in Section 3.02 of the Queensland Urban drainage Manual – Volume 1, 2nd edition 2007.

The stormwater drainage system is to be designed to cater for a 1 in 10 year ARI storm event and a 1 in 100 year ARI major storm event (in accordance with DTMR requirements for State controlled roads).

45. Stormwater runoff from the site (after treatment and attenuation) is to discharge to existing stormwater infrastructure in Glenlyon Street (comprising a stormwater pit and a 900mm diameter RCP crossing Glenlyon Street at the intersection of William Street and Glenlyon Road) via an easement through the downstream property generally in accordance with JF&P Consulting Engineers’ Site Based Stormwater Management Plan (G3048E - Revision B) dated July 2011.

46. The design of the operational works shall comply with the following stormwater

management (quantity) criteria: a) The proposed stormwater infrastructure must adequately drain the site and

must cater for stormwater flows through the site (from upstream catchments) and discharge any runoff from the site to a “lawful point of discharge” as defined in Section 3.02 of the Queensland Urban drainage Manual – Volume 1, 2nd edition 2007.

b) The stormwater management report must demonstrate there will be no worsening of stormwater runoff from the site as a result of the proposed development of the site for all design storm events up to and including a storm event with an average recurrence interval of 1 in 100 years. The report must include:

details of existing and proposed surface levels, on-site stormwater

drainage works and mitigation (detention) measures and discharge arrangements across the salient boundaries with adjoining properties;

description of data sources, calculation assumptions, methods, detailed calculations and results; (Note: The pre and post developed peak flow rates from the site must be calculated using a professional interpretation of the Rational Method and the associated surface runoff hydrographs calibrated accordingly. The manipulation of the timing of the hydrograph

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peaks from pervious and impervious areas to demonstrate no worsening will not be entertained.)

The report must be designed and certified by a RPEQ in accordance with the following: “I am aware that the Gladstone Regional Council may rely upon the content and findings of this report including the recommendations, conclusions, results, calculations, plans, graphs, tables, attachments etc., for the purposes of development assessment, planning, design and construction activities. In my opinion, the Council can rely upon the information contained within the report and there are no reservations or qualifications in respect to the information other than set out in the report itself. I confirm that the there will be no worsening of stormwater runoff from the site as a result of the proposed development of the site.”

47. The design of the operational works shall comply with the following stormwater management (quality) criteria: Water Sensitive Urban Design (WSUD) measures must be implemented to achieve the pollutant load reductions listed below. The proposed treatment train shall be modelled using “MUSIC” (Model for Urban Stormwater Improvement Conceptualisation) developed by the eWater cooperative research centre (eWater CRC). The water quality objectives in terms of the minimum percentage reduction in mean annual pollutant loads from the unmitigated development are as follows: Total Suspended Solids (TSS) 85% reduction Total Phosphorus (TP) 70% reduction Total Nitrogen (TN) 45% reduction Gross Pollutants (> 5mm) 90% reduction

Alternatively, the applicant may enter into an infrastructure agreement with Council generally in accordance with the following:

The applicant shall provide partial on-site treatment to minimise the quantity of suspended solids leaving the site via the construction of an appropriately landscaped strip of land along the full length of the rear boundary of the development for sediment control purposes and pay a monetary contribution to Council for Council to commence the planning, design, construction and maintenance of additional stormwater treatment measures external to the site.

Refuse Management 48. A Refuse Management Report to be submitted to Council and approved by The

Environment and Regulation Department prior to Building works. The report is to provide details including:

(i) bin storage areas including any applicable screening; (ii) types of bins to be used; (iii) areas for refuse collection; (iv) waste removal vehicle movements to, from, and throughout the site ;and (iv) how waste is to be collected and removed from the site.

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ENVIRONMENT AND REGULATION DEPARTMENT CONDITIONS

SCHEDULE A - GENERAL CONDITIONS A1 In carrying out the activity, all reasonable and practical measures are to be taken

to minimise releases and the likelihood of releases of contaminants to the environment, except as otherwise provided by the conditions of this development approval.

A2 The holder of this development approval must:

(a) install and operate all works and control equipment, and (b) take all measures, perform all acts and do all things, necessary to ensure

compliance with the conditions of this development approval. A3 Notwithstanding any other condition of this development approval, this

development approval does not authorise any release of contaminants that causes or is likely to cause an environmental nuisance beyond the boundaries of the registered place.

SCHEDULE B - AIR B1 Odour and visible contaminants, including but not limited to dust, smoke, fumes

and aerosols must not be released to the environment in a manner that will or may cause environmental harm or environmental nuisance unless such release is authorised.

B2 All lights (signage, security etc) are to be installed and positioned in a manner

that does not create a light nuisance to adjoining properties. Lights must not be angled onto adjoining properties.

SCHEDULE C – WATER / STORMWATER C1 Contaminants must not be directly or indirectly released from the site to which

this development approval applies, to any waters or stormwater. C2 Access to the site shall be restricted to a stabilised construction entrance. The

entrance shall be an appropriate size, with corduroy or metal grid provided to help shake mud from vehicle tyres.

C3 The vehicle wash down area must be impervious, covered, bunded to exclude any stormwater and drained to either the sewer under the conditions of a trade waste permit or collected for recycling/disposal using a system approved by Council. Where no cover can be provided, the drainage system must be capable of accepting the first 20mm of contaminated stormwater falling within the bunded area and fitted with an automatic stormwater diversion valve.

SCHEDULE D – NOISE D1 The installation and operations of noise generating equipment and vehicles

shall be carried out in a manner to minimise their impacts on neighbouring properties.

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D2 The building works must be carried out by such practicable means necessary to

prevent the emission or likelihood of emission of noise that constitutes environmental nuisance.

D3 All noise producing machinery and equipment (including airconditioners,

compressors and cooling systems) are to be fitted with noise attenuation features so that noise at the boundary of the site does not exceed the levels indicated in the table below -

NOISE LIMITS AT A NOISE SENSITIVE PLACE Period Noise Level at a Noise Sensitive Place (ie a residence)

Measured as the Adjusted Maximum Sound Pressure Level (Lamax adj, T)

7am - 7pm Background noise level plus 5dB(A) 7pm - 10pm Background noise level plus 5dB(A) 10pm - 7am Background noise level plus 3dB(A) Sundays & Background noise level plus 5dB(A) Public Holidays NOISE LIMITS AT A COMMERCIAL PLACE Period Noise Level at a Commercial Place Measured as the

Adjusted Maximum Sound Pressure Level (Lamax adj, T) 7am - 7pm Background noise level plus 10dB(A) 7pm - 10pm Background noise level plus 10dB(A) 10pm - 7am Background noise level plus 8dB(A) Sundays & Background noise level plus 5dB(A) Public Holidays

SCHEDULE E – WASTE MANAGEMENT E1 Where waste is a contaminant, waste must not be released to the environment

where the release will or may cause environmental harm or environmental nuisance, unless such release is authorised.

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E2 The waste storage area/s are to be sufficient in size to house all waste collection containers including recycling waste containers. The waste storage area/s must be suitably enclosed and imperviously paved, with a hose cock and hose fitted in close proximity to the enclosure to ensure the area can be easily and effectively cleaned.

E3 The waste collection shared lay-by service/loading area construction must

support the weight of a fully loaded refuse collection vehicle. E4 Waste collection vehicles must enter and leave the property in the forward gear. E5 The service points located onsite for waste collection service, is to be:

clearly separated from parking bay and other similar areas; and clear of any hindrance to servicing by a lifter arm; and clear of a footpath and a pedestrian access; and not in front of a building entrance; and not blocking the vision of vehicles using the road or entering and exiting the

site; and capable of being serviced on site while the collection vehicle travels forward

upon entry and exit. E7 The minimum overhead clearance required for mobile wheelie bin collection

vehicles is 4200 mm. Access for the collection of the wheelie bin is not to be impeded by any overhead obstructions such as trees, wires or other structures. This minimum height clearance is to be maintained at all times.

SCHEDULE F - MONITORING AND REPORTING F1 All complaints received by the holder of this development approval relating to

releases of contaminants from the activity must be recorded and kept in a log book with the following details:

(i) time, date and nature of complaint; (ii) type of communication (telephone, letter, personal etc.); (iii) name, contact address and contact telephone number of complainant

(note: if the complainant does not wish to be identified then "Not identified" is to be recorded);

(iv) response and investigation undertaken as a result of the complaint; (v) name of person responsible for investigating complaint; and (vi) action taken as a result of the complaint investigation and signature of

responsible person.

F2 As soon as practicable after becoming aware of any emergency or incident which results in the release of contaminants not in accordance, or reasonably expected to be not in accordance with the conditions of this development approval, the holder of the registration certificate to which this development approval relates, must notify the administering authority of the release by telephone or facsimile.

F3 The notification of emergencies or incidents as required by condition F2 must

include but not be limited to the following:

(i) the operator of the activity to which this development approval relates; (ii) the location of the emergency or incident;

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(iii) the name and telephone number of the designated contact person; (iv) the time of the release; (v) the time the holder of the registration certificate became aware of the

release; (vi) the suspected cause of the release; (vii) the environmental harm and or environmental nuisance caused,

threatened, or suspected to be caused by the release; and (viii) actions taken to prevent further any release and mitigate any

environmental harm and/or environmental nuisance caused by the release.

F4 Not more than 14 days following the initial notification of an emergency or

incident, the holder of the development approval must provide written advice of the information supplied in accordance with condition number F3 in addition to: (i) proposed actions to prevent a recurrence of the emergency or incident; (ii) outcomes of actions taken at the time to prevent or minimise

environmental harm and or environmental nuisance; and (iii) the results of any environmental monitoring performed.

SCHEDULE G - DEFINITIONS G1 For the purposes of this development approval the following definitions apply:

(a) "L(Amax adj, T)" means the average maximum A- weighted sound pressure level, adjusted for noise character and measured over a time period of not less than 15 minutes, using Fast response

(b) "commercial place" means a place used as an office or for business or

commercial purposes.

(c) "noise sensitive place" means - a) a dwelling, mobile home or caravan park, residential marina or other

residential premises; or b) a motel, hotel or hostel; or c) a kindergarten, school, university or other educational institution; or d) a medical centre or hospital; or e) a protected area ; or f) a park or gardens.

G2 For the purposes of this development approval any term not otherwise defined

in the Environmental Protection Act 1994, and the Sustainable Planning Act 2009 and any subordinate legislation made pursuant to these Acts or in the Definitions Schedule of this development approval has the meaning conferred to that term in its common usage.

END OF CONDITIONS

Advice to Applicant An Adopted Infrastructure Charge Notice in relation to the infrastructure charges applicable to this development has been provided separately.

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Attachments: 1. DTMR Referral Agency Response Tabled Items: 1. Nil Report Prepared by: Planning Officer

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G/5.5.2 DEVELOPMENT APPLICATION DA/172/2010 MATERIAL CHANGE OF USE

OF PREMISES FOR MULTIPLE UNIT RESIDENTIAL (18 UNITS) AT 6 ROSSELLA STREET, WEST GLADSTONE

Responsible Officer: Director Statutory Planning Council Meeting Date: 6 September 2011

Application Number: DA/172/2010

Applicant: Fyndean Pty Ltd as Trustee for The JJ Bright Family Trust

Owner: Fyndean Pty Ltd as Trustee for The JJ Bright Family Trust

Date of Receipt: 23 June 2010

Location: 6 Rossella Street, West Gladstone

RPD: Lot 1 RP 619837

Area: 2,029m2

Current Use of Land: Vacant

Zoning: Residential (Higher Density)

Proposal: Multiple Unit Residential (18 units)

Submissions Close Date: 17 May 2011

Number of Submissions: One (1) Properly Made Submission

Executive Summary: An Impact Assessable Development Application for Multiple Unit Residential (18 units) was lodged with Council on 23 June 2010. The proposal seeks to develop units in an existing higher density residential area. It is noted that the applicant originally applied for a larger development of 24 units at a height of 16m at the highest point above natural ground level. That proposal presented several issues of non compliance with the Planning Scheme in regard to unit density, height and overshadowing. The proposal has subsequently been amended and the overall height and density reduced. The amended proposal is considered to generally comply with the requirements of the Planning Scheme and is therefore recommended for approval subject to reasonable and relevant conditions. Subject Site: The subject site is located at 6 Rossella Street, West Gladstone and is within the Residential (Higher Density) Zone of the Suburban Locality. The subject site is 2,029m2 in size and rectangular in shape. The site slopes gently down from the rear of the site to the Rossella Street frontage. The site has a frontage of approximately 20 metres to Rossella Street and is currently vacant. Adjoining the site to the north is an existing 12 unit development owned by the Department of Housing, as well as a 6 unit development currently under construction being developed by a private developer. To the east of the site is the Gardens Apartments complex comprising approximately 30 units. To the south of the site there is also an older 5 unit development. The following figure illustrates the location of the subject site.

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Figure 1: Location of Subject Site Background: The application was considered properly made on 23 June 2010 and therefore has been considered under The Gladstone Plan 2006. Under The Gladstone Plan the proposed DA – Multiple Unit Residential (18 units) within the Residential (Higher Density) Zone over 2 storey in height requires Impact Assessment. This site has had numerous approvals for similar types of uses in the past. An application for 12 units was approved in 2002, however lapsed in 2006. Another application for 24 units was also approved on this site in 2006 under the Superseded Planning Scheme, however this approval was never acted upon and lapsed in 2010. The applicant originally applied for a larger development of 24 units at a height of 16m to the highest point above natural ground level. That proposal presented several issues of non compliance with the Planning Scheme in regard to unit density, height and overshadowing. The previous proposal is detailed within the following figures.

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Figure 2: Cross Section of Previous Development Layout

Figure 3: Elevation of Previous Development Layout from Rossella Street frontage As such the applicant was advised that the proposal would be unlikely to be supported and that changes to a more compliant development proposal were encouraged. The applicant subsequently amended the proposal by removing the upper level. This reduced the number of units to 18 and the overall height down to just over 12m to more readily comply with the Planning Scheme requirements. Proposal: The applicant seeks a Development Permit for Multiple Unit Residential (18 units) at 6 Rossella Street. The development includes 18 permanent residential accommodation units of a 2 bedroom configuration. The development is comprised of a single articulated building, with car parking at ground/semi basement level and 3 levels of residential units above. The buildings, at their uppermost projection, are approximately 12m above natural ground level. Access to the site is proposed via Rossella Street with a single access/egress driveway. All car parking is contained on the ground level and is made up of 24 resident spaces, 12 visitor spaces and a single car wash bay. Residents and visitors then access the upper residential levels via an entrance lobby and elevator on the ground floor.

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The development also incorporates a common area of 600m2 to the rear of the site at the ground level that will be accessible by all residents of the complex. Each unit also has a balcony or courtyard area a minimum of 18m2. The landscaping intent discusses the use of landscaping to the side and rear boundaries as well as screening plants along the Rossella Street frontage. The overall development of the site proposes a total of 33.3% site cover. The building will be setback a minimum of 3 metres from both side boundaries with an articulated built form. The development is 6 metres the rear boundary and 24 metres from the front boundary. The following image illustrates the overall site plan of the development. The full proposal plans have been included as an attachment to this report.

Figure 4: Proposed Site Layout

Figure 5: Cross Section of Proposed Development

Figure 6: Elevation of Proposed Development from Rossella Street frontage

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Referral: The application triggered referral to the Department of Environment and Resource Management (DERM) as an advice agency in accordance with the Sustainable Planning Act 2009 due to the proximity of the development to a wetland area and the presence of Acid Sulphate Soils. DERM have provided their advice agency response on 2 September 2010, a copy of which has been included as an attachment. The main points to note from that response, include:

In regard to ASS, the developer is to take care not to cause environmental harm during the construction of the development; and

No loss of wetland habitat should occur as a result of the development. As an advice agency, the response is to be taken into consideration as part of any decision made. This response has been recommended to be included as part of the conditions of approval. Public Notification: The application was publically notified from 14 April 2011 to 17 May 2011, during which time 1 properly made submission was received. A copy of this submission is attached to this report and is discussed in a subsequent section of this report. Assessment: Strategic Planning: The subject site is located within the Northern Precinct of the Suburban Locality and in the Residential (Higher Density Zone). The primary focus for this zone and locality is to support the CBD of Gladstone by encouraging higher density residential living within the Residential (Higher Density) Zone. Specific overall outcomes sought for the Northern Precinct are to support residential development and create an integrated mix of residential accommodation, including high density living. The proposed higher density residential use is considered to comply with these outcomes as the development will support the role of the nearby CBD as well as develop land in the Residential (Higher Density) Zone for multiple unit residential uses. It should be noted that the subject site lies within the Urban designation of the Gladstone Strategic Framework which seeks to maximise the benefits of existing urban facilities and infrastructure by maintaining and consolidating development within the existing urban areas. It is therefore believed that the proposed development is compatible and is considered to be a benefit to both the locality and city as a whole. Submissions: The application received 1 properly made submission during the public notification period. The submitter was an adjoining owner (Department of Communities), to the subject site. Their concerns predominately included the potential privacy issues of the residents of the existing units and the potential amenity impacts given the location of the bin storage area. The submitter was also notified of the amended plans and given

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an opportunity to comment on the changes. To date, no response has been received from the submitter. It is considered that the reduction of the height and density of the development has addressed the potential overlooking and privacy issues raised. Further to this, the location of the bin storage area is underneath the proposed building and will be housed on the opposite boundary to the adjoining units. As such it is considered that the amended design of the proposal seeks to reduce the submitters concerns. Planning Scheme Requirements: The subject site is located within the Residential (Higher Density) Zone of the Suburban Locality. In accordance the Gladstone Planning Scheme the proposed development requires Code Assessment against the following Codes:

Suburban Locality Code; Residential Code; Environment and Infrastructure Code; and Operational Works Code.

Assessment against the provisions of the relevant Codes has been undertaken, and for the most part, where applicable, the proposal is considered to comply with these requirements. The development is now comprised of 18 units within a single building. The maximum unit density in this locality for a site of this size is 1 unit per 100m². The development proposes a total of 18 units over the 2,029 m² site, resulting in a compliant density of 1 unit per 112m². A maximum height of 12 metres is allowable in accordance with the Suburban Locality Code. The building is proposed to have a maximum projection of 13.2 metres above natural ground level at the highest point. The extent of the proposed building above the 12m height is a very minor portion of the building. However, it is noted that the previous proposal was nearly 4 metres higher than the current proposal, with the amended design presenting a far more compliant built form. The applicant was also asked to review the flat roof form of the building, to reduce the building bulk. The reduction of the height of the building is considered to address this design issue. The buildings will be setback a minimum of 3 metres from side boundaries with an articulated built form to minimise the impact of building bulk. It is noted that the Planning Scheme requires a setback of half the height of the building, or 3 metres. In this instance it is considered onerous to expect the development to be setback half the height of the building (6 metres) and the setbacks of 3 metres can still achieve the Specific Outcome by maintaining privacy, sunlight and breezes to adjoining properties. The development is setback a minimum of 6 metres from the rear and 24 metres from the Rossella Street frontage, also in accordance with the Planning Scheme Requirements. The overall development of the site proposes a total of 33% site cover which is compliant with the maximum of 40% permitted by the scheme. The development will include a communal open space area of approximately 120m2 to provide a shared recreational area for the residents of the development. Further to this, each unit will have access to private open space in the form of a balcony or courtyard from the main living areas. These balconies are a minimum of 18m2 and will enable residents to have access to private recreational space. The Planning Scheme requires

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the provision of 50m2 per unit of private and communal open space. This proposal would involve the provision of 444m2. However it is considered that the development still meets the Specific Outcomes as it has suitable dimensions and area to meet the needs of residents. It is also considered that the provision of larger private balconies is more valuable than the communal open space. Private open space provided as an extension of the living areas of the unit mean that the area is more likely to be used on a daily basis as part of the functionality of the unit. This provision of private and communal space ensures that the open space requirements of the Planning Scheme have been achieved. Landscaping has been proposed to the frontage of Rossella Street creating a buffer 5 metres wide along the main road frontage. Landscaping of a minimum width of 1m is also proposed along both side boundaries. The rear of the site includes landscaping to the grassed communal open space area. As such, the landscaping is considered to be adequately designed for the purpose of the development. Further detail on species, locations and mature tree heights will be required to be submitted as part of a subsequent Operational Works application. Car parking is to be provided at the rate of 1.5 spaces per unit being one for residents which is to be covered and half a space for visitors plus 1 additional space dedicated as a washing bay, therefore requiring a total of 28 spaces, all of which have been provided. The layout of the car park results in all vehicles being able to enter and exit the site in a forward direction. The Planning Scheme prescribes a maximum overshadowing of 30% to adjoining properties to minimise the climatic environmental impact on adjoining properties. This proposal in its current form will mostly comply with this requirement throughout the day, except for at 9am, with overshadowing up to 50% and at 3pm, with overshadowing up to 33%. These higher levels of overshadowing can be mostly attributed to the long narrow lot configuration and the east/west orientation of the site. It is noted that this is a significant reduction to the overshadowing issues that the previous proposal presented. The amended proposal for Multiple Unit Residential (18 units) at 6 Rossella Street is considered to predominantly comply with the requirements and intent of the Planning Scheme as a whole and is therefore recommended for approval subject to reasonable and relevant conditions. Officer's Recommendation: That the application for a Material Change of Use of Premises for Multiple Unit Residential (18 units) at 6 Rossella Street, Gladstone, be approved, subject to the following conditions:

1. Development is to be carried out generally in accordance with the submitted application including the following plans:

Drawing Number Drawing Name Date 0338/041 Site Development Plan August 2011 0338/042 Car parking Level Floor Plan August 2011 0338/043 Level 1 (Podium) Floor Plan August 2011 0338/044 Levels 2+3 Floor Plans August 2011 0338/045 Building Elevations 1 August 2011 0338/046 Building Elevations 2 August 2011

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0338/SH1 22 June Shadow Diagram 1 August 2011 0338/SH2 22 June Shadow Diagram 2 August 2011 0338/SH3 22 June Shadow Diagram 3 August 2011 0338/SH4 22 June Shadow Diagram 4 August 2011 0338/SH5 22 June Shadow Diagram 5 August 2011

except where amendments are required to satisfy the conditions of this approval.

Building Works

2. A Development Permit for Building and Plumbing Works is to be obtained in accordance with the Sustainable Planning Act 2009. Construction is to comply with the Building Act 1975, the Building Code of Australia and the requirements of other relevant authorities. This includes appropriate access and facilities for the disabled and compliance with the relevant fire classification requirements in accordance with the Building Code of Australia.

3. The floor material and thickness to all floors above car parking areas is such

that internal residential sleep disturbance noise levels are not exceeded. 4. Details of the proposed colour scheme, materials and finishes for all external

areas of the building are to be submitted to Council for approval prior to the issue of a Development Permit for Building Works.

5. Appropriate erosion and sedimentation control measures are to be utilised

during any Building Works carried out as a result of the development.

6. The proposed access driveway is to be constructed in accordance with Council's Standard Drawings RT-0055. The applicant is required to obtain an Operational Works approval from Council for the proposed crossover.

7. Provision of an 1800 mm high screen fence to side and rear boundaries, other

than that section forward of the building line which shall be no greater than 1.2 metres in height, the details of which are to be submitted with any building works application on the site.

8. Building Works application shall detail the proposed location of water tanks as

required by Part 25 of the Queensland Development Code. 9. Prior to building work proceeding beyond the ground floor level, certification is

to be received from a qualified surveyor that the ground floor level is in accordance with the approved plans; prior to building work proceeding beyond the first floor level, certification is to be received from a qualified surveyor that the first floor level is in accordance with the approved plans; and prior to building work being certified for completion, certification is to be received from a qualified surveyor that the finished roof height does not exceed 13.2 metres at the highest point above natural ground level.

10. All plant and equipment (including air conditioners, exhaust fans, fire cabinets

and the like) are to be housed, screened and located so that these do not cause environmental nuisance or harm to residential uses in the surrounding area. Additionally, the roof form is to be shaped to cap the building and to screen roof plant and other equipment when viewed from public spaces or adjoining properties.

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11. Open storage areas shall be adequately screened so as not to detract from the

visual amenity of the area. One way of achieving compliance with this condition is as follows:

Outdoor storage areas are situated in locations not visible from the street; A 1.8m solid screen fence is located around storage areas.

Operational Works

12. A Development Permit for Operational Works must be obtained from Council

prior to the commencement of construction. The Development Application for Operational Works is to include the following:

transportation (including the driveway crossover); stormwater management; water supply; wastewater supply and main relocation; wastewater; and landscaping

13. The design and supporting calculations / documentation associated with these

works must be certified by a Registered Professional Engineer of Queensland (RPEQ).

14. Operational works shall be designed and constructed in accordance with

Council's relevant standards at the time of lodgement of an application for an Operational Works Permit and in accordance with the relevant Australian Standards and good engineering practice. Council’s current standards include:

Roads and Transport Standard 2005 (Joint CSC and GCC) Gladstone City Council Subdivision Guidelines, Rev 4, Nov 02 (Section 7) Water Supply Standard 2006 (Joint CSC and GCC) Sewerage Design Standard 2003 (Joint CSC and GCC)

15. The operational works drawings shall contain adequate information to position

each component of infrastructure by coordinates to GDA94 and levels to Australian Height Datum (AHD). The drawings shall also indicate the identification number, position and recorded level of the Permanent Survey Mark (PSM) from which the project’s horizontal and vertical position was derived.

16. The Operational Works are to be executed under the supervision of a RPEQ.

The applicant / developer must give to the Council, construction certificates from such supervising engineer, that the work has been constructed in accordance with the Operational Works Permit and good engineering practice, together with relevant quality assurance, operation and maintenance, and “as constructed” documentation. This includes provision of a CCTV report on all sewer mains installed as part of the development.

17. The “as constructed” drawings and associated electronic documentation are to

be certified by the supervising engineer and by a registered surveyor stating that the as constructed information shown on the “as constructed” drawings

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represent a complete and accurate record of the works as executed. Council reserves the right to utilise for its own purposes and the sale of information provided within the “as constructed” drawings provided by the applicant / developer.

18. Any alterations to, extension of, or upgrading of Council assets / infrastructure

or other service authorities’ infrastructure necessitated by this MCU proposal (including earthworks, retaining structures, roadworks, pedestrian / bicycle pathways, stormwater drainage, water supply, sewerage, electrical and telecommunication services, reticulated gas etc.) is the responsibility of the applicant / developer.

Landscaping

19. An Operational Works application for landscaping must include but shall not be

limited to drawings, specifications and reports containing the following information:

Outline of the buildings; Existing trees (height location); Trees to be removed; Proposed planting (quantity, species and expected mature height); Paths and paving (location and materials); and The method of planting and the proposed maintenance program.

20. The landscaping of the site shall incorporate:

All areas of landscaping nominated on the approved plans being Site

Development Plan, 0338/041 dated August 2011; Areas of deep planting to the Rossella Street frontage; and The landscaping provided shall be in accordance with Council's preferred

landscape plant list.

21. All landscaping referred to within Conditions 19 and 20 above are to be maintained to an appropriate standard at all times.

22. Nominated communal open space areas are permanently accessible to all

residents of the development and may not be allocated to any particular units or units for exclusive use and/or access.

Transportation

23. Provision of a minimum of 28 car parking spaces, 18 of which are to be covered, on site in accordance with the approved plan being, Site Development Plan, 0338/041 dated August 2011, including designated disabled car parking spaces. These spaces and all vehicle movement areas are to be constructed, drained, linemarked and maintained in accordance with Part 14 Division 4 of the Planning Scheme for the City of Gladstone and AS 2890.1.

24. Provision of a 2.0 metre wide concrete footpath for the full extent of the

Rossella Street frontage of the site. The applicant is required to obtain an approval as part of an application to Council for Operational Works.

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25. The footpath in condition 24 above shall be of a non-skid surface acceptable to Council and be flat and continuous in grade.

26. Any grassed footpath areas disturbed by the development are to be top dressed

and turfed following completion of construction activity. 27. The applicant is to submit a Traffic Engineer’s Certification (RPEQ) that all

vehicle movements (service vehicles and passenger vehicles) through the site comply with AS2890.1 prior to the issue of the Development Permit for Building Works.

Earthworks

28. Any filling carried out on site is to be in accordance with AS3798-1996 and shall be certified by a suitable qualified person as being carried out in accordance with the standards and specification. The certification shall indicate level of testing responsibility that has been used i.e. Level 1 or Level 2.

29. The subject site is identified as an area located below 5m AHD and between

5m AHD and 20m AHD on the Acid Sulfate Soils Overlay Plan 1. Where excavation or filling is to be undertaken in areas of acid sulfate soils, a comprehensive approach to acid sulfate soil management is undertaken to:

(i) maintain the water quality and ecological health of the receiving

environment; (ii) avoid adverse effects on environmentally sensitive areas; and (iii) avoid accelerated corrision of assets such as buildings, structures, roads

and other infrastructure.

One way of achieving compliance with the condition is as follows: (i) no acid sulfate soil will be disturbed ; or (ii) less than 100m3 of acid sulfate soil with either >0.7% peroxide

oxidisable sulphur or > 400 moles H+/tonne TPA or TAA will be disturbed.

A report demonstrating compliance with the requirements for the management of acid sulfate soils as detailed above shall be submitted to Council as part of the Development Application for Operational Works.

30. Appropriate erosion and sediment control measures are to be implemented

during any operational works or building works carried out in association with the development.

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Lighting

31. All lighting at ground level and associated with illuminating ground level areas must be focussed downwards and be provided with hoods, shades or other permanent devices to direct illumination downwards and not allow upward lighting to adversely affect the residential uses on the site and surrounding sites.

32. Any security lighting shall be so designed to ensure that nuisance is not caused

to adjoining areas by the spillage of light.

Sewerage Infrastructure

33. All sanitary drainage for the development must drain to the existing sewer line traversing the site. Provision is to be made for a new sewerage line to be constructed and accessed within the Rossella Street road reserve, consistent with the newly constructed 4 Rossella Street line.

34. All sanitary drainage for the development must have the ability to drain to the

relocated sewerage line within the Rossella Street road reserve and new maintenance hole (1050mm diameter) within the property boundary to be constructed. An easement must be provided over the existing and new sewerage infrastructure works within the site in favour of Council and at no cost to Council prior to the occupation or use of the premises. Further detail on the location of the new sewer line is to be provided at the Operational Works stage.

35. Work on Councils live sewerage infrastructure must be carried out by Council’s

Water and Sewerage Department with the cost of these works to be borne by the applicant.

36. The location of the proposed buildings shall comply with Council Policy 19.7 -

Revision 1 - Building Adjacent to and Over Sewers, Stormwater and Water Assets.

Water Infrastructure

37. A water service connection is to be provided from the water main in Rossella Street to the front property boundary of the development.

38. Connections to Councils live water reticulation network and the installation of

water meters to service the development must be carried out by Councils Water and Sewerage Department. The cost of these works is to be borne by the applicant.

39. Each dwelling unit is to be sub-metered in accordance with the requirements of

the Queensland Development Code. Sub-meters must be purchased from Council.

40. Individual water meters (sub-metering) shall be provided for each unit in

accordance with the Water and Other Legislation Amendment Act 2007. 41. Any strata titling of the development will require certification from a Hydraulic

Engineer that the metering of water for the development complies with the

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Water and Other Legislation Amendment Act 2007. Council uses Elster Smart Metering System or equivalent.

Stormwater Management 42. Stormwater infrastructure must adequately drain the site and must cater for

stormwater flows through the site (if applicable) and discharge any runoff from the site to a “lawful point of discharge” as defined in Section 3.02 of the Queensland Urban drainage Manual – Volume 1, 2nd edition 2007.

The stormwater drainage system is to be designed to cater for a 1 in 10 year ARI storm event and a 1 in 100 year ARI major storm event.

43. Stormwater runoff from the site (after treatment and attenuation) is to discharge to existing stormwater infrastructure in Rossella Street. Further detail on the location of the stormwater drainage is to be provided at the Operational Works stage.

44. The design of the operational works shall comply with the following stormwater

management (quantity) criteria: a) The proposed stormwater infrastructure must adequately drain the site and

must cater for stormwater flows through the site (from upstream catchments) and discharge any runoff from the site to a “lawful point of discharge” as defined in Section 3.02 of the Queensland Urban drainage Manual – Volume 1, 2nd edition 2007.

b) The stormwater management report must demonstrate there will be no worsening of stormwater runoff from the site as a result of the proposed development of the site for all design storm events up to and including a storm event with an average recurrence interval of 1 in 100 years. The report must include:

details of existing and proposed surface levels, on-site stormwater

drainage works and mitigation (detention) measures and discharge arrangements across the salient boundaries with adjoining properties;

description of data sources, calculation assumptions, methods, detailed calculations and results; (Note: The pre and post developed peak flow rates from the site must be calculated using a professional interpretation of the Rational Method and the associated surface runoff hydrographs calibrated accordingly. The manipulation of the timing of the hydrograph peaks from pervious and impervious areas to demonstrate no worsening will not be entertained.)

The report must be designed and certified by a RPEQ in accordance with the following: “I am aware that the Gladstone Regional Council may rely upon the content and findings of this report including the recommendations, conclusions, results, calculations, plans, graphs, tables, attachments etc., for the purposes of development assessment, planning, design and construction activities. In my opinion, the Council can rely upon the information contained within the report and there are no reservations or qualifications in respect to the information other than set out in the report itself. I confirm that the there will be no worsening of stormwater runoff from the site as a result of the proposed development of the site.”

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45. The design of the operational works shall comply with the following stormwater

management (quality) criteria: Water Sensitive Urban Design (WSUD) measures must be implemented to achieve the pollutant load reductions listed below. The proposed treatment train shall be modelled using “MUSIC” (Model for Urban Stormwater Improvement Conceptualisation) developed by the eWater cooperative research centre (eWater CRC). The water quality objectives in terms of the minimum percentage reduction in mean annual pollutant loads from the unmitigated development are as follows: Total Suspended Solids (TSS) 85% reduction Total Phosphorus (TP) 70% reduction Total Nitrogen (TN) 45% reduction Gross Pollutants (> 5mm) 90% reduction

Alternatively, the applicant may enter into an infrastructure agreement with Council generally in accordance with the following:

The applicant shall provide partial on-site treatment to minimise the quantity of suspended solids leaving the site via the construction of an appropriately landscaped strip of land along the full length of the rear boundary of the development for sediment control purposes and pay a monetary contribution to Council for Council to commence the planning, design, construction and maintenance of additional stormwater treatment measures external to the site.

Refuse Management

46. A Refuse Management Report to be submitted to Council and approved by The

Environment and Regulation Department prior to Building works. The report is to provide details including:

(i) bin storage areas including any applicable screening; (ii) types of bins to be used; (iii) areas for refuse collection; (iv) waste removal vehicle movements to, from, and throughout the site ;and (iv) how waste is to be collected and removed from the site.

ENVIRONMENT AND REGULATION DEPARTMENT CONDITIONS

SCHEDULE A - GENERAL CONDITIONS A1 In carrying out the activity, all reasonable and practical measures are to be taken

to minimise releases and the likelihood of releases of contaminants to the environment, except as otherwise provided by the conditions of this development approval.

A2 The holder of this development approval must:

(a) install and operate all works and control equipment, and (b) take all measures, perform all acts and do all things, necessary to ensure

compliance with the conditions of this development approval.

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A3 Notwithstanding any other condition of this development approval, this development approval does not authorise any release of contaminants that causes or is likely to cause an environmental nuisance beyond the boundaries of the registered place.

SCHEDULE B - AIR B1 Odour and visible contaminants, including but not limited to dust, smoke, fumes

and aerosols must not be released to the environment in a manner that will or may cause environmental harm or environmental nuisance unless such release is authorised.

B2 Suitable screens and/or barriers shall be erected during excavation and building

works, where required, to reduce the emission of dust, water effluent or other matter from the site.

B3 No incineration or open burning shall be carried out on site. B4 Following site preparation and clearing, all greenwaste material for disposal

shall be stockpiled and removed to an approved refuse disposal facility or wood chipped on site. Burning of material prior to removal is not permitted due to interferences with the surrounding areas.

B5 During construction, stockpiles and areas of bare soil or earth that are likely to

become eroded must be adequately protected – by upslope surface water diversion, downslope sediment fencing and temporary surface coverings.

B6 All lights (signage, security etc) are to be installed and positioned in a manner

that does not create a light nuisance to adjoining properties. Lights must not be angled onto adjoining properties.

SCHEDULE C – WATER / STORMWATER C1 Contaminants must not be directly or indirectly released from the site to which

this development approval applies, to any waters or stormwater. C2 The vehicle wash down area must be impervious, covered, bunded to exclude

any stormwater and drained to either the sewer under the conditions of a trade waste permit or collected for recycling/disposal using a system approved by Council. Where no cover can be provided, the drainage system must be capable of accepting the first 20mm of contaminated stormwater falling within the bunded area and fitted with an automatic stormwater diversion valve.

SCHEDULE D – NOISE D1 The installation and operations of noise generating equipment and vehicles

shall be carried out in a manner to minimise their impacts on neighbouring properties.

D2 The building works must be carried out by such practicable means necessary to

prevent the emission or likelihood of emission of noise that constitutes environmental nuisance.

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D3 All noise producing machinery and equipment (including airconditioners,

compressors and cooling systems) are to be fitted with noise attenuation features so that noise at the boundary of the site does not exceed the levels indicated in the table below -

NOISE LIMITS AT A NOISE SENSITIVE PLACE Period Noise Level at a Noise Sensitive Place (ie a residence)

Measured as the Adjusted Maximum Sound Pressure Level (Lamax adj, T)

7am - 7pm Background noise level plus 5dB(A) 7pm - 10pm Background noise level plus 5dB(A) 10pm - 7am Background noise level plus 3dB(A) Sundays & Background noise level plus 5dB(A) Public Holidays NOISE LIMITS AT A COMMERCIAL PLACE Period Noise Level at a Commercial Place Measured as the

Adjusted Maximum Sound Pressure Level (Lamax adj, T) 7am - 7pm Background noise level plus 10dB(A) 7pm - 10pm Background noise level plus 10dB(A) 10pm - 7am Background noise level plus 8dB(A) Sundays & Background noise level plus 5dB(A) Public Holidays

SCHEDULE E – WASTE MANAGEMENT E1 Where waste is a contaminant, waste must not be released to the environment

where the release will or may cause environmental harm or environmental nuisance, unless such release is authorised.

E2 The waste storage area needs to be of adequate size to house all bins including

recycling bins. The storage area is to be imperviously paved and is to be suitably enclosed.

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E3 Due to the size of the collection vehicle, access roads and driveways (when collection is to occur on – site eg multi unit developments serviced by a private road) are to be designed and constructed to accept vehicle loadings of not less than G.V.M 28 tonnes.

SCHEDULE F - MONITORING AND REPORTING F1 All complaints received by the holder of this development approval relating to

releases of contaminants from the activity must be recorded and kept in a log book with the following details:

(i) time, date and nature of complaint; (ii) type of communication (telephone, letter, personal etc.); (iii) name, contact address and contact telephone number of complainant

(note: if the complainant does not wish to be identified then "Not identified" is to be recorded);

(iv) response and investigation undertaken as a result of the complaint; (v) name of person responsible for investigating complaint; and (vi) action taken as a result of the complaint investigation and signature of

responsible person.

F2 As soon as practicable after becoming aware of any emergency or incident which results in the release of contaminants not in accordance, or reasonably expected to be not in accordance with the conditions of this development approval, the holder of the registration certificate to which this development approval relates, must notify the administering authority of the release by telephone or facsimile.

F3 The notification of emergencies or incidents as required by condition F2 must

include but not be limited to the following:

(i) the operator of the activity to which this development approval relates; (ii) the location of the emergency or incident; (iii) the name and telephone number of the designated contact person; (iv) the time of the release; (v) the time the holder of the registration certificate became aware of the

release; (vi) the suspected cause of the release; (vii) the environmental harm and or environmental nuisance caused,

threatened, or suspected to be caused by the release; and (viii) actions taken to prevent further any release and mitigate any

environmental harm and/or environmental nuisance caused by the release.

F4 Not more than 14 days following the initial notification of an emergency or

incident, the holder of the development approval must provide written advice of the information supplied in accordance with condition number F3 in addition to: (i) proposed actions to prevent a recurrence of the emergency or incident; (ii) outcomes of actions taken at the time to prevent or minimise

environmental harm and or environmental nuisance; and (iii) the results of any environmental monitoring performed.

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SCHEDULE G - DEFINITIONS G1 For the purposes of this development approval the following definitions apply:

(a) "L(Amax adj, T)" means the average maximum A- weighted sound pressure level, adjusted for noise character and measured over a time period of not less than 15 minutes, using Fast response

(b) "commercial place" means a place used as an office or for business or

commercial purposes.

(c) "noise sensitive place" means - a) a dwelling, mobile home or caravan park, residential marina or other

residential premises; or b) a motel, hotel or hostel; or c) a kindergarten, school, university or other educational institution; or d) a medical centre or hospital; or e) a protected area ; or f) a park or gardens.

G2 For the purposes of this development approval any term not otherwise defined

in the Environmental Protection Act 1994, and the Sustainable Planning Act 2009 and any subordinate legislation made pursuant to these Acts or in the Definitions Schedule of this development approval has the meaning conferred to that term in its common usage.

END OF SCHEDULE G

END OF CONDITIONS

Advice to Applicant An Adopted Infrastructure Charge Notice in relation to the infrastructure charges applicable to this development has been provided separately. Attachments:

1. DERM Referral Agency Response 2. Submission 1 - Department of Communities 3. Proposal Plans

Tabled Items: 1. Nil Report Prepared by: Planning Officer

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G/5.5.3 DEVELOPMENT APPLICATION DA/339/2011 MATERIAL CHANGE OF USE

OF PREMISES - MULTIPLE UNIT RESIDENTIAL (49 UNITS) & FOOD PREMISES - 30 GOONDOON STREET, GLADSTONE

Responsible Officer: Director Statutory Planning Council Meeting Date: 6 September 2011 Development Application:

Application Number: DA/339/2011

Applicant: Stokeston Pty Ltd Care JFP Urban Consulants

Owner: Stokeston Pty Ltd

Date of Receipt: 30 May 2011

Location: 30 Goondoon Street, Gladstone

RPD: Lot 3 RP 605403 & Lot 243 G 15341, Gladstone

Area: 2,251m2

Current Use of Land: Vacant

Zoning: Commercial

Proposal: Multiple Unit Residential (49 units) and Food Premises

Submissions Close Date: 12 August 2011

Number of Submissions: Three (3) Properly Made Submissions

Executive Summary: An Impact Assessable Development Application for Multiple Unit Residential (49 units) and Food Premises was lodged with Council on 30 May 2011. This development application has been prepared by the same developer as the recently completed G80 units at 80 Glenlyon Street, The Pinnacle units currently under construction at 40 Roseberry Street, the recently approved G60 unit complex and the Central Lane unit development also under consideration at this meeting. Three 'properly made' submissions were received regarding this application during the public notification process. The proposal is considered to generally comply with the requirements of the Planning Scheme and is therefore recommended for approval subject to reasonable and relevant conditions. Subject Site: The subject site is located at 30 Goondoon Street and is within the Commerical Zone of the City Locality. The subject site is comprised of two parcels in a battle axe configuration towards the Oaka Lane frontage with a total area of 2,251m2 and has frontage to both Goondoon Street (30m) and Oaka Lane (9m). The subject site slopes gradually from the Oaka Lane frontage down to Goondoon Street and is currently vacant. Adjoining the site to the south east is The Reef Hotel while the Mid City Motel

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and an existing residential property adjoin the site to the north west. The following figures detail the location of the subject site.

Figure 1: Subject Site

Figure 2: Subject Site from Oaka Lane frontage

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Figure 3: Subject Site from Goondoon Street frontage Background: The application was considered properly made on 30 May 2011 and therefore has been considered under The Gladstone Plan 2006. Under The Gladstone Plan the proposed DA – Multiple Unit Residential (49 units) and Food Premises within the Commercial Zone requires Impact Assessment. This particular site has also been subject to a previous approval. An approval for an Accommodation Building (70 units), Caretakers Residence, Catering Business (Cafe/Bar) & Reconfiguring a Lot (Amalgamation) was issued in 2003, however was never acted upon. An application for a restaurant in conjunction with that approval was also approved in 2003. That proposal was 6 storeys in height with the cafe/bar on the ground floor and restaurant to be included on the top floor. This application has subsequently lapsed. Proposal: The applicant seeks a Development Permit for Multiple Unit Residential (49 units) and Food Premises at 30 Goondoon Street. The development includes 49 permanent residential accommodation units of a 2 bedroom configuration and 150m2 food premises at ground level. The development is comprised of a single building of 9 levels (2 levels of car parking and 7 levels of residential). The Goondoon Street frontage has been activated by the incorporation of the Food Premises at ground level. The building, at its uppermost projection, is approximately 26.6m above natural ground level. Access to the site will be via both the Oaka Lane and Goondoon Street frontages. The development will provide a total of 80 car spaces within the 2 car parking levels. The car parking configuration is made up of 75 resident and visitor spaces, 5 spaces for the Food Premises use and a single car wash bay. It is noted that 6 of the residential spaces are in a tandem configuration. Residents and visitors then access the upper residential levels of the building via an entrance lobby from the ground floor or the elevator from the car park levels. The overall development of the site proposes a podium level site cover of 68%, with the tower component having a site cover of 32%. The building is proposed to be constructed on the front boundary at Goondoon Street for the podium level and then

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setback a minimum of 10 metres to the tower component, with an articulated built form. The development is a minimum of 6 metres from the Goondoon Street boundary and well in excess of 6 metres from the rear boundary. The following images illustrate the overall development.

Figure 4: Proposed Site Layout

Figure 5: Proposed Elevation from Goondoon Street

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Figure 6: Photo Montage of the proposal from Goondoon Street

Figure 7: Cross Section of Proposed Development Referral: The application did not trigger referral to any advice or concurrence agencies in accordance with the Sustainable Planning Act 2009. Public Notification: The application was publically notified from 22 July 2011 to 12 August 2011, during which time 3 properly made submissions were received. Copies of these submissions

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are attached to this report and have been discussed in a subsequent section of this report. Assessment: Strategic Planning: The subject site is located within the Waterfront Precinct of the City Locality and in the Commercial Zone. The primary focus for this locality and precinct is to provide for mixed use commercial and residential development, while retaining the present waterfront character of the precinct. Development on Goondoon Street particularly is to protect and maintain the wide angle north-west views of the water. The proposed higher density residential use with an activated street frontage of a Food Premises will serve to enhance the pedestrian walk-ability of the CBD. The built form seeks to take advantage of the waterfront vista down Goondoon Street by stepping the tower component back from the street. It should be noted that the subject site lies within the Urban designation of the Gladstone Strategic Framework which seeks to maximise the benefits of existing urban facilities and infrastructure by maintaining and consolidating development within the existing urban areas. It is therefore considered that the proposed development is compatible and is of a benefit to both the locality and city as a whole. Submissions: The application received 3 properly made submissions from adjoining owners during the public notification period. Their concerns included:

Development will compromise the viewshed down Goondoon Street; The proposal exceeds the maximum height of 26m; Provision of tandem parks will not allow the proposal to adequately provide

visitor spaces; Loss of privacy to adjoining residential properties; Amenity issues given long access driveway and location of refuse bins in

relation to residential properties; Increase noise/light impacts to adjoining properties; Increased traffic in Oaka Lane will exacerbate the already dangerous situation; Proposal would block existing signage in Goondoon Street; and Potential earthworks and stormwater issues/damage to existing adjoining

properties during construction of the proposed development. Copies of the submissions were forwarded to the applicant for their opportunity to provide a response to the issues raised. The applicant provided a response, which is also attached to this report. In regard to items raised in the submission from the Mid City Motel, specific stormwater management measures have been conditioned to be formalised during the Operational Works application process. Further to this, all new developments are required to be responsible for their stormwater discharge. In regard to the potential for the obstruction of existing signage, the applicant states that visibility has been maintained as much as practical in the design of the proposed awning. It is a requirement of the Planning Scheme that an awning be provided over the footpath of Goondoon Street for pedestrian shelter. It is noted that while the allotment is vacant, and has been for a long

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period of time, the developer has a right to develop the property in accordance with the Planning Scheme. In regard to the submission from the adjoining residential owner, the applicant has attempted to mitigate traffic noise impacts by creating two separate accesses to the development. It is noted that the refuse storage area is directly adjacent to this adjoining property and a twice weekly collection may cause some disturbance. To mitigate potential noise impacts, the waste management vehicles will be required to operate within the specified noise limits of the EP Act. The driveway from Oaka Lane will be designed to a grade that does not require excessive braking or acceleration to enter or exit the site. Landscaping is proposed down the access leg to Oaka Lane, with fast growing screening species being incorporated. It is noted that the issue of speeding vehicles in Oaka Lane is a Police matter and cannot be addressed within the realms of this development application. In regard to the submission from the Reef Hotel, the development has been designed with a built form that is sympathetic to the retention of harbour views down Goondoon Street. The development generally complies with the Code Assessable standards within the Planning Scheme. The setbacks of the podium and tower levels and the site coverage are compliant with the Planning Scheme. The proposed height slightly exceeds the maximum code assessable height of 26m as the proposal is 26.6m above natural ground level at its highest point. It is noted under the Gladstone Planning Scheme, developments can take advantage of several additional standards including increased residential density and height, up to 35m, if certain design standards are incorporated. This proposal does not seek to utilise all of these increased standards. The tandem parking arrangement has previously been supported only where there is a surplus of car spaces. This issue is discussed further within the assessment section of this report. The developments compliance with the Planning Scheme requirements has been discussed further within the report. However it is considered that the development can adequately address the submitter concerns through the design standards of the development, or further conditions of approval. Planning Scheme Requirements: The subject site is located within the Commercial Zone of the City Locality. In accordance the Gladstone Planning Scheme the proposed development requires Impact Assessment against the following Codes:

City Locality Code; Residential Code; Environment and Infrastructure Code; and Operational Works Code.

Assessment against the provisions of the relevant Codes has been undertaken, and for the most part, where applicable, the proposal is considered to comply with these requirements. The development is comprised of a single building proposed to contain 49 units and a small, 150m2, food premises. The maximum unit density under the code assessable requirements in this locality for a site of this size is 1 unit per 60m². However it is noted that within the City Locality, in certain instances, a development can comply with additional standards, including increased residential density to 1 unit per 45m². The

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development proposes a total of 49 units over the 2,251 m² site, resulting in a compliant density of 1 unit per 45m² of site area. The applicant seeks to take advantage of the higher density under the additional standards but does not address the extra provisions the development must meet in order to utilise these additional standards. That said, the development does mostly comply with these requirements including the location of the site with frontage to Goondoon Street and providing an active streetscape. However, the development does not propose the provision of a public art component. It is considered that if the applicant wishes to take advantage of the additional residential density standards, then they must also provide the other Acceptable Solutions. As such a condition has been recommended that requires the provision of a public art component to a minimum value of 1% of the projects construction costs and Streetscaping consistent with existing CBD theme. The buildings will be setback a minimum of 3 metres from side boundaries with an articulated and varied built form to minimise the impact of building bulk. The development is setback a minimum of 5 metres from the rear and is constructed to the Goondoon Street frontage, as permitted by the Planning Scheme. The proposed site coverage is compliant with the maximum provisions of 35% for the tower and 75% at podium level, with site coverage of 32% and 68% respectively. A maximum height of 26 metres is allowable in accordance with the City Locality Code for code assessable applications. The building is proposed to have a maximum projection slightly higher, at 26.6 metres, at one point on the building. It is considered that this height does not impact on the overall scale and character of this locality. It is also noted that under the additional design standards, a height of up to 35m can be supported in this location. As such it is considered that the increased building height is suitable in this instance given the locality, the presence of the additional design standards and the articulated built form. Each unit will have access to private open space in the form of a balcony from the main living areas of the unit. These balconies provide the minimum requirement of private open space of 15m2 and will enable residents to have access directly from the living areas of the unit. It is noted that the Planning Scheme also requires the provision of a communal open space area of 60m2 at the ground floor of the development for all residents. The applicant has provided private open space in the form of balconies as opposed to communal open space. It is considered that the private open space is more valuable than communal, given that it is more likely to be utilised as part of the overall living function of the unit. It is also considered that the location of the development within the Gladstone CBD allows residents access to several nearby dining and entertainment options. Select landscaping has been proposed to the Goondoon Street frontage, as the development will be constructed to the frontage to activate the streetscape. Further landscaping is proposed along both sides of the access leg from Oaka Lane to provide privacy and screening to the adjoining residential property. It is noted that the CBD Redevelopment Study sets certain design criteria for the streetscaping of developments with frontage to Goondoon Street. Which includes footpath and landscaping works. The development will be required to comply with these design standards in conjunction with the landscaping intent. As such, the landscaping is considered to be adequately designed for the purpose of the development in conjunction with the streescaping standards of the CBD Redevelopment Study. The landscaping intent for the development is demonstrated below.

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Figure 8: Landscape Intent Plan Car parking is to be provided at the rate of 1.5 spaces per unit (being one for residents and half a space for visitors, plus 1 additional space dedicated as a car wash bay), therefore requiring a total of 75 spaces for the residential component. The Food Premises requires the provision of 1 space per 30m2 GFA, resulting in 5 spaces. The development proposes a total of 80 spaces, compliant with the Planning Scheme requirements. The layout of the car park results in all vehicles being able to enter and exit the site in a forward direction. There are 6 tandem spaces proposed to be included within the car park. The submitted traffic study details that these spaces are to be used for the residents of the units. The spaces are to be allocated to specific units and are for resident parking only, not visitors. Council has previously allowed tandem spaces only where there is a surplus of spaces provided. Without including the tandem spaces, there is a shortfall of 6 spaces. It is considered that the developer should provide the required number of spaces (80), without including the tandem spaces or alternatively pay a contribution of the shortfall of 6 spaces. Access to the development will be via two entry and exit driveways, one from the Goondoon Street frontage and one from Oaka Lane. A Traffic Engineering Assessment was conducted to assess the impact of the proposal on adjoining roads. This Traffic Engineering Assessment Report concluded that the current intersections in the vicinity of the proposal can adequately deal with the expected traffic increases as a result of this development. The proposal for Multiple Unit Residential (49 units) and Food Premises at 30 Goondoon Street is considered to comply with the requirements and intent of the Planning Scheme as a whole and is therefore recommended for approval subject to reasonable and relevant conditions.

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Officer's Recommendation: That the application for a Material Change of Use of Premises for Multiple Unit Residential (49 units) and Food Premises at 30 Goondoon Street, Gladstone, be approved, subject to the following conditions;

1. Development is to be carried out generally in accordance with the submitted application including the following plans:

Drawing Number Drawing Name Date 3054_DA-02 Site Location 25/5/2011 3054_DA-03 Site Analysis 25/5/2011 3054_DA-06 Photo Montage 25/5/2011 3054_DA-08 Perspective View 2 25/5/2011 3054_DA-07 Perspective View 1 25/5/2011 3054_DA-09 Perspective View 3 25/5/2011 3054_DA-24 North West Elevation 25/5/2011 3054_DA-11 Rev A Ground Level Plan 14/7/2011 3054_DA-12 Rev A Level 1 Plan 14/7/2011 3054_DA-13 Level 2 Plan 25/5/2011 3054_DA-14 Levels 3-8 25/5/2011 3054_DA-15 Roof Plan 25/5/2011 3054_DA-21 Goondoon Street Elevation 25/5/2011 3054_DA-22 North East Elevations 25/5/2011 3054_DA-23 South East Elevation 25/5/2011 3054_DA-25 Rev A External Finishes 14/7/2011 3054_DA-26 Rev A Section A 14/7/2011 3054_DA-27 Rev A Section B 14/7/2011 3054_DA-29 Sun Shading Analysis 25/5/2011 3054_DA-30 Site Cover Calculations 25/5/2011 3054_DA-31 Unit Types 25/5/2011 3054_DA-32 Unit Types 25/5/2011 G3037 LC01 B Landscape Intent Plan 27 May 2011 G3037 LC02 B Landscape Intent Plan 27 May 2011 G3037 - Revision A JFP Urban Consultants

Site Based Stormwater Management Plan

May 2011

51628 TTM Group Traffic Impact Assessment July 2011

except where amendments are required to satisfy the conditions of this approval.

Building Works

2. A Development Permit for Building and Plumbing Works is to be obtained in accordance with the Sustainable Planning Act 2009. Construction is to comply with the Building Act 1975, the Building Code of Australia and the requirements of other relevant authorities. This includes appropriate access and facilities for the disabled and compliance with the relevant fire classification requirements in accordance with the Building Code of Australia.

3. Provision of a public art component as part of this development, the cost of

which is to be a minimum of 1% of the project’s total construction costs. The

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public art component is to be consistent with the design principles within the document entitled 'Gladstone CBD and Waterfront Redevelopment Project Forward Plan' and is to be approved by Council prior to its commissioning.

4. All plant and equipment (including air conditioners, exhaust fans and the like)

are to be housed, screened and located so that these do not cause environmental nuisance or harm to residential uses in the surrounding area. Additionally, the roof form is to be shaped to cap the building and to screen roof plant and other equipment when viewed from public spaces or adjoining properties.

5. Details of the proposed colour scheme, materials and finishes for all external

areas of the building are to be submitted to Council for approval prior to the issue of a Development Permit for Building Works.

6. Appropriate erosion and sedimentation control measures are to be utilised

during any Building Works carried out as a result of the development. 7. The floor material and thickness to all floors above car parking areas is such

that internal residential sleep disturbance noise levels are not exceeded. 8. Prior to building work proceeding beyond the ground floor level, certification is

received from a qualified surveyor that the ground floor level is in accordance with the approved plans; prior to building work proceeding beyond the first floor level, certification is received from a qualified surveyor that the first floor level is in accordance with the approved plans; and prior to building work being certified for completion, certification is received from a qualified surveyor that the finished roof height does not exceed 26.6 metres above natural ground level.

9. Where the buildings are not built to the boundary, provision of an 1800 mm high

screen fence to side and rear boundaries, other than that section forward of the building line which shall be no greater than 1.2 metres in height, the details of which are to be submitted with any Building Works application on the site.

10. Open storage areas shall be adequately screened so as not to detract from the

visual amenity of the area. One way of achieving compliance with this condition is as follows:

Outdoor storage areas are situated in locations not visible from the street; A 1.8m solid screen fence is located around storage areas.

Operational Works

11. The Operational Works for water supply and sewerage must comply with the recommendations made within the 'Infrastructure Planning Water and Sewer Assessment' for 30 Goondoon Street, prepared by Council and dated 1 August 2011. Compliance with this assessment for the sewerage component may include a monetary contribution (note that this contribution will be subject to CPI) for the upgrade of the A01 Sewer Pump Station, development within the Infrastructure Planning Water and Sewer Assessment.

12. A Development Permit for Operational Works must be obtained from Council

prior to the commencement of construction. The Development Application for Operational Works is to include the following:

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transportation (including the driveway crossover); stormwater management; water supply; wastewater; and landscaping

13. The design and supporting calculations / documentation associated with these

works must be certified by a Registered Professional Engineer of Queensland (RPEQ).

14. Operational works shall be designed and constructed in accordance with

Council's relevant standards at the time of lodgement of an application for an Operational Works Permit and in accordance with the relevant Australian Standards and good engineering practice. Council’s current standards include:

Roads and Transport Standard 2005 (Joint CSC and GCC) Gladstone City Council Subdivision Guidelines, Rev 4, Nov 02 (Section 7) Water Supply Standard 2006 (Joint CSC and GCC) Sewerage Design Standard 2003 (Joint CSC and GCC)

15. The operational works drawings shall contain adequate information to position

each component of infrastructure by coordinates to GDA94 and levels to Australian Height Datum (AHD). The drawings shall also indicate the identification number, position and recorded level of the Permanent Survey Mark (PSM) from which the project’s horizontal and vertical position was derived.

16. The Operational Works are to be executed under the supervision of a RPEQ.

The applicant / developer must give to the Council, construction certificates from such supervising engineer, that the work has been constructed in accordance with the Operational Works Permit and good engineering practice, together with relevant quality assurance, operation and maintenance, and “as constructed” documentation. This includes provision of a CCTV report on all sewer mains installed as part of the development.

17. The “as constructed” drawings and associated electronic documentation are to

be certified by the supervising engineer and by a registered surveyor stating that the as constructed information shown on the “as constructed” drawings represent a complete and accurate record of the works as executed. Council reserves the right to utilise for its own purposes and the sale of information provided within the “as constructed” drawings provided by the applicant / developer.

18. Any alterations to, extension of, or upgrading of Council assets / infrastructure

or other service authorities’ infrastructure necessitated by this MCU proposal (including earthworks, retaining structures, roadworks, pedestrian / bicycle pathways, stormwater drainage, water supply, sewerage, electrical and telecommunication services, reticulated gas etc.) is the responsibility of the applicant / developer.

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Landscaping

19. An Operational Works application for landscaping must include but shall not be limited to drawings, specifications and reports containing the following information:

Outline of the buildings; Existing trees (height location); Trees to be removed; Proposed planting (quantity, species and expected mature height); Paths and paving (location and materials); and The method of planting and the proposed maintenance program.

20. The landscaping of the site shall incorporate:

All areas of landscaping nominated on the approved plans being

'Landscape Intent Plan', drawing numbers G3037 LC01 B & G3037 LC02 B, dated 27 May 2011; and

The landscaping provided shall be in accordance with Council's preferred landscape plant list.

21. All landscaping referred to within Condition 19 above is to be maintained to an

appropriate standard at all times 22. Nominated communal open space areas are permanently accessible to all

residents of the development and may not be allocated to any particular units or units for exclusive use and/or access.

Transportation

23. Provision of a minimum of 80 car parking spaces on site in accordance with the approved plan being, Ground Level Plan, 3054_DA-11 Rev A dated 14/7/2011 & Level 1 Plan, 3054_DA-12 Rev A dated 14/7/2011, including designated disabled car parking spaces. These spaces and all vehicle movement areas are to be constructed, drained, linemarked and maintained in accordance with Part 14 Division 4 of the Planning Scheme for the City of Gladstone and AS 2890.1. The nominated tandem car spaces are not included within the minimum number of spaces and as such requires amendment.

24. Further to Condition 23 above, alternatively a contribution to the amount of

$5,000 per space the development cannot provide is be made to Council and shall be paid prior to the issue of a final certificate of classification.

25. All visitor spaces are to be open and easily accessible at all times to visitors to

the premises. Visitor spaces are to be clearly designated and marked. 26. All spaces to be used for the nominated Food Premises are to be open and

easily accessible at all times for patrons and staff of the premises. The car spaces for the Food Premises are to be clearly designated and marked.

27. The proposed access driveway is to be constructed in accordance with

Council's Standard Drawings RT-0055. The applicant is required to obtain an Operational Works approval from Council under for the proposed crossover.

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28. The applicant is to submit a Traffic Engineer’s Certification (RPEQ) that all vehicle movements (service vehicles and passenger vehicles) through the site comply with AS2890.1 prior to the issue of the Development Permit for Building Works.

29. Provision of a footpath for the full extent of the Goondoon Street and Oaka

Lane frontages of the site consistent with the CBD/Waterfront Revitalisation Masterplan and Manual and existing streetscaping works in Goondoon Street. The applicant is required to obtain an Operational Works approval from Council for the proposed footpath. The footpath shall be of a non-skid surface acceptable to Council. This is to include areas for outdoor dining with a slope not exceeding 1:40 where premises contain eateries or indoor entertainment. On completion of operational works all disturbed areas and existing infrastructure (driveways, kerbing, markers etc) within road reserves is to be fully restored on completion of the operational works

30. At no cost to Council, dedicate a strip of land for the purpose of road reserve

4.24 metres wide for the full extent of the development site along Oaka Lane and construct the road in accordance with Council's Road Widening Policy. The constructed road is required to be widened to match the existing alignment towards Yarroon Street. The road is to incorporate a kerb and channel in accordance with Council's Road and Transport Standards 2005 for the full length the site. Note: This will require an Operational Works Application.

Earthworks

31. Any filling carried out on site is to be in accordance with AS3798-1996 and shall be certified by a suitable qualified person as being carried out in accordance with the standards and specification. The certification shall indicate level of testing responsibility that has been used i.e. Level 1 or Level 2.

32. The subject site is identified as an area located between 5m AHD and 20m

AHD on the Acid Sulfate Soils Overlay Plan 1. Where excavation or filling is to be undertaken in areas of acid sulfate soils, a comprehensive approach to acid sulfate soil management is undertaken to:

(i) maintain the water quality and ecological health of the receiving

environment; (ii) avoid adverse effects on environmentally sensitive areas; and (iii) avoid accelerated corrision of assets such as buildings, structures, roads

and other infrastructure.

One way of achieving compliance with the condition is as follows: (i) no acid sulfate soil will be disturbed ; or (ii) less than 100m3 of acid sulfate soil with either >0.7% peroxide

oxidisable sulphur or > 400 moles H+/tonne TPA or TAA will be disturbed.

A report demonstrating compliance with the requirements for the management of acid sulfate soils as detailed above shall be submitted to Council as part of the Development Application for Operational Works.

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33. Appropriate erosion and sediment control measures are to be implemented during any operational works or building works carried out in association with the development.

Lighting

34. All lighting at ground level and associated with illuminating ground level areas must be focussed downwards and be provided with hoods, shades or other permanent devices to direct illumination downwards and not allow upward lighting to adversely affect the residential uses on the site and surrounding sites.

35. Any security lighting shall be so designed to ensure that nuisance is not caused

to adjoining areas by the spillage of light. Sewerage Infrastructure 36. All sanitary drainage for the development must drain to a new 1050mm

diameter maintenance hole in the existing Council infrastructure. An easement must be provided over the existing and new sewerage infrastructure works within the site in favour of Council and at no cost to Council prior to the occupation or use of the premises.

37. Work on Councils live sewerage infrastructure must be carried out by Council’s

Water and Sewerage Department with the cost of these works to be borne by the applicant.

38. The location of the proposed buildings shall comply with Council Policy 19.7 -

Revision 1 - Building Adjacent to and Over Sewers, Stormwater and Water Assets.

Water Infrastructure

39. A water service connection is to be provided from the water main as required by

the 'Infrastructure Planning Water and Sewer Assessment' for 30 Goondoon Street dated 1 August 2011. The location of the water service in relation the common side boundaries is to be determined in consultation with Council’s Water and Sewerage Department.

40. Connections to Councils live water reticulation network and the installation of

water meters to service the development must be carried out by Councils Water and Sewerage Department. The cost of these works is to be borne by the applicant.

41. Each dwelling unit is to be sub-metered in accordance with the requirements of

the Queensland Development Code. Sub-meters must be purchased from Council.

42. Individual water meters (sub-metering) shall be provided for each unit in

accordance with the Water and Other Legislation Amendment Act 2007. 43. Any strata titling of the development will require certification from a Hydraulic

Engineer that the metering of water for the development complies with the Water and Other Legislation Amendment Act 2007. Council uses Elster Smart Metering System or equivalent.

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Stormwater Management 44. Stormwater infrastructure must adequately drain the site and must cater for

stormwater flows through the site (if applicable) and discharge any runoff from the site to a “lawful point of discharge” as defined in Section 3.02 of the Queensland Urban drainage Manual – Volume 1, 2nd edition 2007. The stormwater drainage system is to be designed to cater for a 1 in 10 year ARI storm event and a 1 in 100 year ARI major storm event.

45. Stormwater runoff from the site (after treatment and attenuation) is to discharge to existing stormwater infrastructure in Goondoon Street generally in accordance with JF&P Consulting Engineers’ Site Based Stormwater Management Plan (G3037 - Revision A) dated May 2011.

46. The design of the operational works shall comply with the following stormwater

management (quantity) criteria: a) The proposed stormwater infrastructure must adequately drain the site and

must cater for stormwater flows through the site (from upstream catchments) and discharge any runoff from the site to a “lawful point of discharge” as defined in Section 3.02 of the Queensland Urban drainage Manual – Volume 1, 2nd edition 2007.

b) The stormwater management report must demonstrate there will be no worsening of stormwater runoff from the site as a result of the proposed development of the site for all design storm events up to and including a storm event with an average recurrence interval of 1 in 100 years. The report must include:

details of existing and proposed surface levels, on-site stormwater

drainage works and mitigation (detention) measures and discharge arrangements across the salient boundaries with adjoining properties;

description of data sources, calculation assumptions, methods, detailed calculations and results; (Note: The pre and post developed peak flow rates from the site must be calculated using a professional interpretation of the Rational Method and the associated surface runoff hydrographs calibrated accordingly. The manipulation of the timing of the hydrograph peaks from pervious and impervious areas to demonstrate no worsening will not be entertained.)

The report must be designed and certified by a RPEQ in accordance with the following: “I am aware that the Gladstone Regional Council may rely upon the content and findings of this report including the recommendations, conclusions, results, calculations, plans, graphs, tables, attachments etc., for the purposes of development assessment, planning, design and construction activities. In my opinion, the Council can rely upon the information contained within the report and there are no reservations or qualifications in respect to the information other than set out in the report itself. I confirm that the there will be no worsening of stormwater runoff from the site as a result of the proposed development of the site.”

47. The design of the operational works shall comply with the following stormwater management (quality) criteria:

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Water Sensitive Urban Design (WSUD) measures must be implemented to achieve the pollutant load reductions listed below. The proposed treatment train shall be modelled using “MUSIC” (Model for Urban Stormwater Improvement Conceptualisation) developed by the eWater cooperative research centre (eWater CRC). The water quality objectives in terms of the minimum percentage reduction in mean annual pollutant loads from the unmitigated development are as follows: Total Suspended Solids (TSS) 85% reduction Total Phosphorus (TP) 70% reduction Total Nitrogen (TN) 45% reduction Gross Pollutants (> 5mm) 90% reduction

Alternatively, the applicant may enter into an infrastructure agreement with Council generally in accordance with the following:

The applicant shall provide partial on-site treatment to minimise the quantity of suspended solids leaving the site via the construction of an appropriately landscaped strip of land along the full length of the rear boundary of the development for sediment control purposes and pay a monetary contribution to Council for Council to commence the planning, design, construction and maintenance of additional stormwater treatment measures external to the site.

Refuse Management

48. A Refuse Management Report to be submitted to Council and approved by The Environment and Regulation Department prior to Building works. The report is to provide details including:

(i) bin storage areas including any applicable screening; (ii) types of bins to be used; (iii) areas for refuse collection; (iv) waste removal vehicle movements to, from, and throughout the site ;and (iv) how waste is to be collected and removed from the site.

ENVIRONMENT AND REGULATION DEPARTMENT SPECIFIC CONDITONS

SCHEDULE A - GENERAL CONDITIONS A1 In carrying out the activity, all reasonable and practical measures are to be taken

to minimise releases and the likelihood of releases of contaminants to the environment, except as otherwise provided by the conditions of this development approval.

A2 The holder of this development approval must:

(a) install and operate all works and control equipment, and (b) take all measures, perform all acts and do all things, necessary to ensure

compliance with the conditions of this development approval. A3 Notwithstanding any other condition of this development approval, this

development approval does not authorise any release of contaminants that

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causes or is likely to cause an environmental nuisance beyond the boundaries of the registered place.

A4 The requirements of the Food Act 2006 and its subordinate legislation are to be

complied with in full. This includes a separate application and detailed set of plans are to be submitted to Council's Environmental Health section for approval prior to the commencement of building. This application is not covered by the IDAS process nor is this area subject to private certification.

A5 Any food business located on the site shall not undertake food activities that will

require a Mechanical Ventilation System and discharge point required in the Australian Standard AS1668 - The Use of Ventilation and Air Conditioning in Buildings.

SCHEDULE B - AIR B1 Odour and visible contaminants, including but not limited to dust, smoke, fumes

and aerosols must not be released to the environment in a manner that will or may cause environmental harm or environmental nuisance unless such release is authorised.

B2 All lights (signage, security etc) are to be installed and positioned in a manner

that does not create a light nuisance to adjoining properties. Lights must not be angled onto adjoining properties.

SCHEDULE C – WATER / STORMWATER C1 Contaminants must not be directly or indirectly released from the site to which

this development approval applies, to any waters or stormwater. C2 Access to the site shall be restricted to a stabilised construction entrance. The

entrance shall be an appropriate size, with corduroy or metal grid provided to help shake mud from vehicle tyres.

C3 The waste water treatment system for the carwash bay must meet compliance

with the trade waste permit conditions. SCHEDULE D – NOISE D1 The installation and operations of noise generating equipment and vehicles

shall be carried out in a manner to minimise their impacts on neighbouring properties.

D2 The building works must be carried out by such practicable means necessary to

prevent the emission or likelihood of emission of noise that constitutes environmental nuisance.

D3 All noise producing machinery and equipment (including airconditioners,

compressors and cooling systems) are to be fitted with noise attenuation features so that noise at the boundary of the site does not exceed the levels indicated in the table below -

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NOISE LIMITS AT A NOISE SENSITIVE PLACE Period Noise Level at a Noise Sensitive Place (ie a residence)

Measured as the Adjusted Maximum Sound Pressure Level (Lamax adj, T)

7am - 7pm Background noise level plus 5dB(A) 7pm - 10pm Background noise level plus 5dB(A) 10pm - 7am Background noise level plus 3dB(A) Sundays & Background noise level plus 5dB(A) Public Holidays NOISE LIMITS AT A COMMERCIAL PLACE Period Noise Level at a Commercial Place Measured as the

Adjusted Maximum Sound Pressure Level (Lamax adj, T) 7am - 7pm Background noise level plus 10dB(A) 7pm - 10pm Background noise level plus 10dB(A) 10pm - 7am Background noise level plus 8dB(A) Sundays & Background noise level plus 5dB(A) Public Holidays

SCHEDULE E – WASTE MANAGEMENT E1 Where waste is a contaminant, waste must not be released to the environment

where the release will or may cause environmental harm or environmental nuisance, unless such release is authorised.

E2 The waste storage area/s are to be sufficient in size to house all waste

collection containers including recycling waste containers. The waste storage area/s must be suitably enclosed and imperviously paved, with a hose cock and hose fitted in close proximity to the enclosure to ensure the area can be easily and effectively cleaned.

E3 The internal road construction must support the weight of a fully loaded refuse

collection vehicle. E4 Waste collection vehicles must enter and leave the property in the forward gear. E5 The service points located onsite for waste collection service, is to be:

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clearly separated from parking bay and other similar areas; and clear of any hindrance to servicing by a lifter arm; and clear of a footpath and a pedestrian access; and not in front of a building entrance; and not blocking the vision of vehicles using the road or entering and exiting the

site; and capable of being serviced on site while the collection vehicle travels forward

upon entry and exit. E6 The minimum overhead clearance required for mobile wheelie bin collection

vehicles is 4200 mm. Access for the collection of the wheelie bin is not to be impeded by any overhead obstructions such as trees, wires or other structures. This minimum height clearance is to be maintained at all times.

SCHEDULE F - MONITORING AND REPORTING F1 All complaints received by the holder of this development approval relating to

releases of contaminants from the activity must be recorded and kept in a log book with the following details:

(i) time, date and nature of complaint; (ii) type of communication (telephone, letter, personal etc.); (iii) name, contact address and contact telephone number of complainant

(note: if the complainant does not wish to be identified then "Not identified" is to be recorded);

(iv) response and investigation undertaken as a result of the complaint; (v) name of person responsible for investigating complaint; and (vi) action taken as a result of the complaint investigation and signature of

responsible person.

F2 As soon as practicable after becoming aware of any emergency or incident which results in the release of contaminants not in accordance, or reasonably expected to be not in accordance with the conditions of this development approval, the holder of the registration certificate to which this development approval relates, must notify the administering authority of the release by telephone or facsimile.

F3 The notification of emergencies or incidents as required by condition F2 must

include but not be limited to the following:

(i) the operator of the activity to which this development approval relates; (ii) the location of the emergency or incident; (iii) the name and telephone number of the designated contact person; (iv) the time of the release; (v) the time the holder of the registration certificate became aware of the

release; (vi) the suspected cause of the release; (vii) the environmental harm and or environmental nuisance caused,

threatened, or suspected to be caused by the release; and (viii) actions taken to prevent further any release and mitigate any

environmental harm and/or environmental nuisance caused by the release.

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F4 Not more than 14 days following the initial notification of an emergency or incident, the holder of the development approval must provide written advice of the information supplied in accordance with condition number F3 in addition to: (i) proposed actions to prevent a recurrence of the emergency or incident; (ii) outcomes of actions taken at the time to prevent or minimise

environmental harm and or environmental nuisance; and (iii) the results of any environmental monitoring performed.

SCHEDULE G - DEFINITIONS G1 For the purposes of this development approval the following definitions apply:

(a) "L(Amax adj, T)" means the average maximum A- weighted sound pressure level, adjusted for noise character and measured over a time period of not less than 15 minutes, using Fast response

(b) "commercial place" means a place used as an office or for business or

commercial purposes.

(c) "noise sensitive place" means - a) a dwelling, mobile home or caravan park, residential marina or other

residential premises; or b) a motel, hotel or hostel; or c) a kindergarten, school, university or other educational institution; or d) a medical centre or hospital; or e) a protected area ; or f) a park or gardens.

G2 For the purposes of this development approval any term not otherwise defined

in the Environmental Protection Act 1994, and the Sustainable Planning Act 2009 and any subordinate legislation made pursuant to these Acts or in the Definitions Schedule of this development approval has the meaning conferred to that term in its common usage.

END OF CONDITIONS Advice to Applicant An Adopted Infrastructure Charge Notice in relation to the infrastructure charges applicable to this development has been provided separately. Attachments:

1. Submission 1 - LG Planning Services (on behalf of the Reef Hotel) 2. Submission 2 - Miller (Mid City Motel) 3. Submission 3 - Cooper 4. Applicants Response to Submissions

Tabled Items: 1. Nil

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Report Prepared by: Planning Officer

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From: Info [[email protected]] Sent: Tuesday, 9 August 2011 4:51:28 PM To: Grant Cooper Subject: RE: Development Application DA/339/2011

Thank you for your email to Gladstone Regional Council. We confirm receipt of your message and advise that your correspondence is receiving attention.

Lani Rudken Records Management Officer

PO Box 29 Gladstone Qld 4680 Phone 07 4975 8425 l Fax 07 4975 8896 Email: [email protected] l Website: www.gladstone.qld.gov.au

From: Grant Cooper [mailto:[email protected]] Sent: Tuesday, 9 August 2011 4:46 PM To: Info Subject: Development Application DA/339/2011 The Chief Executive Officer Gladstone Regional Council  Cc H A Robertson Manager Development Assessment  Cc Tegan Schuler GRC Planning Officer   Ref #:DA/339/2011. I am writing to you in reference to the proposed unit development at 30 Goondoon Street Gladstone or Lot 3 RP 605403, Gladstone, Lot 243 G 15341, Gladstone.  We, the adjoining neighbours, have concerns over various aspects of this new Development Application. It is without doubt that with a residential building of this size there will be an inevitable increase in traffic and noise and yet there seems to be nothing planned or in place to mitigate this from the direct neighbours & neighbourhood.

50% of cars will exit and entry this building directly down the outside of our dwelling at any time day or night will dramatically increase noise within our boundary. 

Cars & work trucks will be accelerating & braking down the lengthy driveway directly outside our home within 2 meters of our boundary. 

Noise from garbage trucks collecting large quantities directly along our back fence.   

GLADSTONE REGIONAL COUNCIL GENERAL MEETING -06/09/2011

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Increased traffic noise of vehicles accelerating away into a roadway that is already overused for it’s current type & state. 

Added traffic on Oaka Lane which is currently dangerous for pedestrians as it has NO specific footpath or any on‐street parking. 

Oaka Lane is a thoroughfare where cars & trucks exceed the speed limit of 20km/h everyday and worse at night. For specific traffic figures, your council had a traffic monitor on this Lane a few years ago, stating to us that the average speed was 40km/h – double that of the speed limit of the area... and yet nothing was done... And yet with this development Cars & Trucks will be able to turn left down the lane adding considerably to the traffic flow. 

Privacy. We have nurtured trees out the side of our dwelling to increase privacy from the Reef Hotel Motel looking straight into our bedrooms & yard. These are to be removed. 

 I am submitting this to you as a resident directly impacted by this development and would humbly request further consideration of the impacts stated above and further consultation before granting approval.  Grant Cooper‐Wiebrecht Owner 29 Oaka Lane Gladstone Queensland 4680 0419779363 [email protected]

GLADSTONE REGIONAL COUNCIL GENERAL MEETING -06/09/2011

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GLADSTONE REGIONAL COUNCIL GENERAL MEETING -06/09/2011

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