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REPORT Coordination Committee Meeting Tuesday 17 February 2015 commencing at 10.35am Redcliffe Chambers Irene Street, Redcliffe CHAIRPERSON’S REPORT The recommendations contained within this report of the Coordination Committee meeting held 17 February 2015 are recommended to the Council for adoption. COUNCILLOR ALLAN SUTHERLAND (MAYOR) CHAIRPERSON COORDINATION COMMITTEE ENDORSED GM20150217
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REPORT

Coordination Committee Meeting

Tuesday 17 February 2015 commencing at 10.35am

Redcliffe Chambers Irene Street, Redcliffe

CHAIRPERSON’S REPORT The recommendations contained within this report of the Coordination Committee meeting held 17 February 2015 are recommended to the Council for adoption. COUNCILLOR ALLAN SUTHERLAND (MAYOR) CHAIRPERSON COORDINATION COMMITTEE

ENDORSED GM20150217

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Adoption Extract from General Meeting – 17 February 2015 (Page 15/191) 12.1 Coordination Committee Meeting – 17 February 2015

(Pages 15/193 – 15/267) RESOLUTION

Moved by Cr Mick Gillam Seconded by Cr Brian Battersby CARRIED 13/0

That the report and recommendations of the Coordination Committee meeting held 17 February 2015 be adopted.

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Moreton Bay Regional Council COORDINATION COMMITTEE MEETING PAGE a 17 February 2015 Report

COORDINATION COMMITTEE MEETING PAGE a 17 February 2015 Report

LIST OF ITEMS

1 GOVERNANCE SESSION (Cr Allan Sutherland, Mayor)

ITEM 1.1 194 REVIEW OF LOCAL GOVERNMENT DIVISIONS - REGIONAL

COMMITTEE RECOMMENDATION

REPORT DETAIL

2 PLANNING & DEVELOPMENT SESSION (Cr Mick Gillam)

ITEM 2.1 198 DA/28730/2014/V2C - MATERIAL CHANGE OF USE - DEVELOPMENT PERMIT FOR SHOPPING CENTRE (SHOP, OFFICE, MEDICAL CENTRE, TAKE AWAY FOOD OUTLET, RESTAURANT, ENTERTAINMENT AND RECREATION (INDOORS) AND VETERINARY ESTABLISHMENT) AND STORAGE FACILITY AT 3 AND 9 BURPENGARY ROAD, 10 HENDERSON ROAD, BURPENGARY - DIVISION 2

COMMITTEE RECOMMENDATION

REPORT DETAIL

3 CORPORATE SERVICES SESSION (Cr Bob Millar)

ITEM 3.1 243 MONTHLY REPORTING PACKAGE - JANUARY 2015 - REGIONAL

COMMITTEE RECOMMENDATION

REPORT DETAIL

4 ASSET CONSTRUCTION & MAINTENANCE SESSION (Cr Peter Flannery)

ITEM 4.1 246 MORETON BAY RAIL LINK PROJECT- ROAD NAMING - REGIONAL

COMMITTEE RECOMMENDATION

REPORT DETAIL

ITEM 4.2 252 LOCAL DISASTER MANAGEMENT GROUP MINUTES 12 DECEMBER 2014 - REGIONAL

COMMITTEE RECOMMENDATION

REPORT DETAIL

ITEM 4.3 255 SAMFORD TO FERNY GROVE CYCLE LINK PROJECT - DIVISION 11

COMMITTEE RECOMMENDATION

REPORT DETAIL

5 PARKS, RECREATION & SPORT SESSION (Cr Gary Parsons)

ITEM 5.1 259 TRUSTEE AGREEMENT - CONSERVATION PARKS - REGIONAL

COMMITTEE RECOMMENDATION

REPORT DETAIL

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Moreton Bay Regional Council COORDINATION COMMITTEE MEETING PAGE b 17 February 2015 Report

COORDINATION COMMITTEE MEETING PAGE b 17 February 2015 Report

6 LIFESTYLE & AMENITY SESSION (Cr Julie Greer)

7 ECONOMIC DEVELOPMENT & TOURISM SESSION (Cr Brian Battersby)

ITEM 7.1 263 MORETON BAY RAIL PROJECT - DOHLES ROCKS ROAD CONSTRUCTION - ROAD CLOSURE - DIVISION 7

COMMITTEE RECOMMENDATION

REPORT DETAIL

8 GENERAL BUSINESS

ITEM 8.1 267 AUSTRALIAN RED CROSS BLOOD SERVICE - AWARDS DAY FOR CORPORATE BLOOD DONORS - REGIONAL

ITEM 8.2 267 OPENING OF SEABRAE MANOR, ROTHWELL – DIVISION 5

COMMITTEE RECOMMENDATION

CLOSURE

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Moreton Bay Regional Council COORDINATION COMMITTEE MEETING PAGE 15/193 17 February 2015 Report

COORDINATION COMMITTEE MEETING PAGE 15/193 17 February 2015 Report

ATTENDANCE & APOLOGIES Attendance: Committee Members: Cr Allan Sutherland (Mayor) (Chairperson) Cr Gary Parsons Cr Peter Flannery Cr Greg Chippendale Cr Julie Greer Cr James Houghton Cr Koliana Winchester Cr David Dwyer Cr Mick Gillam Cr Mike Charlton (Deputy Mayor) Cr Brian Battersby OAM Cr Bob Millar Cr Adrian Raedel Officers: Chief Executive Officer (Mr Daryl Hitzman) Director Community & Environmental Services (Mr Bill Halpin) Director Strategic Planning & Development (Mr Chris Warren) Director Engineering, Construction & Maintenance (Mr Tony Martini) Director Economic Development & Commercial Services (Mr Alan Sheridan) Manager Executive Services (Ms Anne Moffat) Manager Major Projects (MBRL) (Mr Lindsay McLeod) Meeting Support Officer (Ms Heather Bailey) Apologies: Nil The Mayor is the Chairperson of the Coordination Committee. Coordination Committee meetings comprise of Sessions chaired by Council’s nominated Spokesperson for that portfolio, as follows: Session Session Chair / Portfolio Spokesperson 1 Governance Cr Allan Sutherland (Mayor) 2 Planning & Development Cr Mick Gillam 3 Corporate Services Cr Bob Millar 4 Asset Construction & Maintenance Cr Peter Flannery 5 Parks, Recreation & Sport Cr Gary Parsons 6 Lifestyle & Amenity Cr Julie Greer 7 Economic Development & Tourism Cr Brian Battersby

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Moreton Bay Regional Council COORDINATION COMMITTEE MEETING PAGE 15/194 17 February 2015 Report

COORDINATION COMMITTEE MEETING PAGE 15/194 17 February 2015 Report

1 GOVERNANCE SESSION (Cr Allan Sutherland, Mayor) ITEM 1.1 REVIEW OF LOCAL GOVERNMENT DIVISIONS - REGIONAL Meeting / Session: 1 GOVERNANCE Reference: A10560285 : 10 February 2015 Responsible Officer: AM, Manager Executive Services (CEOs Office) Executive Summary Under Section 16 of the Local Government Act 2009 Council is required to review whether each of its divisions has a “reasonable proportion of electors”. In advising whether any divisions are out of quota, Council may also make suggestions on how future divisional boundaries can be established. On 6 February 2015, the Department of Local Government, Community Recovery and Resilience provided information to enable Council to conduct its review (in preparation for the 2016 quadrennial local government elections). The information identified two divisions which are out of quota and require boundary adjustment, being Division 4 (17.65 per cent) and Division 5 (-10.28 per cent). Council’s review then identified a logical opportunity to expand the boundary of Division 5 into the southern parts of Deception Bay currently within Division 4. Importantly, Council’s suggestion uses pragmatic boundaries to ensure Division 4 (8.77 per cent) and Division 5 (-1.40 per cent) are within the plus or minus 10 per cent quota required under the Act. Council is required to advise the Minister of Local Government, Community Recovery and Resilience and Electoral Commissioner of the results of its review by 1 March 2015. COMMITTEE RECOMMENDATION

Moved by Cr Julie Greer Seconded by Cr James Houghton CARRIED 12/1 Cr David Dwyer voted against Committee’s Recommendation That the Minister responsible for Local Government and the Electoral Commissioner be advised of the outcome of Council’s review, including the suggested boundary adjustment to Divisions 4 and 5.

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Moreton Bay Regional Council COORDINATION COMMITTEE MEETING PAGE 15/195 17 February 2015 Report ITEM 1.1 REVIEW OF LOCAL GOVERNMENT DIVISIONS - REGIONAL - A10560285 (Cont.)

COORDINATION COMMITTEE MEETING PAGE 15/195 17 February 2015 Report

OFFICER’S RECOMMENDATION That the Minister for Local Government, Community Recovery and Resilience and the Electoral Commissioner be advised of the outcome of Council’s review, including the suggested boundary adjustment to Divisions 4 and 5.

REPORT DETAIL 1. Background Under Section 16 of the Local Government Act 2009 Council is required to review whether each of its divisions has a “reasonable proportion of electors”. In advising whether any divisions are out of quota, Council may also make suggestions on how these divisional boundaries can be established. Under the Act, a division is considered within quota if it is within plus or minus 10 per cent (for a local government with more than 10,000 electors). On 6 February 2015 the Department of Local Government, Community Recovery and Resilience wrote to the Council providing information on the number of electors per division to enable Council to conduct its review (in preparation for the 2016 quadrennial local government elections). The information identified two divisions which are out of quota and require boundary adjustment, being Division 4 (17.65 per cent) and Division 5 (-10.28 per cent). As a result, Council has an opportunity to make suggestions to the Minister and Electoral Commissioner on how future divisional boundaries may be established in Divisions 4 and 5. Council is required to advise the Minister and Electoral Commissioner of the results of its review by 1 March 2015. 2. Explanation of Item Using the data provided by the Department of Local Government, Community Recovery and Resilience, Council’s review identified a logical opportunity to expand the boundary of Division 5 into southern parts of Deception Bay currently within Division 4. The suggested adjustment, which is highlighted in the map below, uses pragmatic boundaries encompassing relevant local communities. Importantly, it moves Division 4 (8.77 per cent) and Division 5 (-1.40 per cent) within the plus or minus 10 per cent quota required under the Act.

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Moreton Bay Regional Council COORDINATION COMMITTEE MEETING PAGE 15/196 17 February 2015 Report ITEM 1.1 REVIEW OF LOCAL GOVERNMENT DIVISIONS - REGIONAL - A10560285 (Cont.)

COORDINATION COMMITTEE MEETING PAGE 15/196 17 February 2015 Report

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Moreton Bay Regional Council COORDINATION COMMITTEE MEETING PAGE 15/197 17 February 2015 Report ITEM 1.1 REVIEW OF LOCAL GOVERNMENT DIVISIONS - REGIONAL - A10560285 (Cont.)

COORDINATION COMMITTEE MEETING PAGE 15/197 17 February 2015 Report

3. Strategic Implications 3.1 Legislative/Legal Implications

Under Section 16 of the Local Government Act 2009 Council is required to review whether each of its divisions has a reasonable proportion of electors and advise the Minister and Electoral Commissioner of the results of the review by 1 March 2015. In advising whether any divisions are out of quota, Council can make suggestions on how any future divisional boundaries may be established.

3.2 Corporate Plan / Operational Plan Strengthening Communities: Office of the CEO - overall leadership and coordination of Council activities.

3.3 Policy Implications NA

3.4 Risk Management Implications NA

3.5 Delegated Authority Implications NA

3.6 Financial Implications NA

3.7 Economic Benefit NA

3.8 Environmental Implications

NA 3.9 Social Implications

NA

3.10 Consultation / Communication NA

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Moreton Bay Regional Council COORDINATION COMMITTEE MEETING PAGE 15/198 17 February 2015 Report

COORDINATION COMMITTEE MEETING PAGE 15/198 17 February 2015 Report

2 PLANNING & DEVELOPMENT SESSION (Cr Mick Gillam) ITEM 2.1 DA/28730/2014/V2C - MATERIAL CHANGE OF USE - DEVELOPMENT PERMIT FOR SHOPPING CENTRE (SHOP, OFFICE, MEDICAL CENTRE, TAKE AWAY FOOD OUTLET, RESTAURANT, ENTERTAINMENT AND RECREATION (INDOORS) AND VETERINARY ESTABLISHMENT) AND STORAGE FACILITY AT 3 AND 9 BURPENGARY ROAD, 10 HENDERSON ROAD, BURPENGARY - DIVISION 2 APPLICANT: Comiskey Group OWNER: Marcoola Custodians Ltd Tte Meeting / Session: 2 PLANNING & DEVELOPMENT Reference: A10425223 : 27 January 2015 – Refer Supporting Information A10427598,

A10431856, A10431976, A10432714, A10457322, 10452549 Responsible Officer: TD, Development Planner (SPD Development Planning) Executive Summary

Applicable Planning Scheme Caboolture ShirePlan Applicant Comiskey Group Owner(s) Marcoola Custodians Ltd Tte Site Address 3 and 9 Burpengary Road, 10 Henderson Road, Burpengary Property Description Lot 1, 2 SP153352, Lot 3 RP112437 Area 20,759m2 Proposal Material Change of Use – Development Permit for Shopping

Centre (Shop, Office, Medical Centre, Take Away Food Outlet, Restaurant, Entertainment and Recreation (Indoors) and Veterinary Establishment) and Storage Facility

Proposal Plans Refer to proposal plan in Appendices of this report. Assessment Level Impact Assessable Requested Approvals Development Permit – Material Change of Use Consistent / Inconsistent proposal

Inconsistent - Entertainment and Recreation (Indoors), Office, Storage Facility, Veterinary Establishment, Restaurant and Medical Centre Consistent – Shop, Take Away Food Outlet

Planning Scheme Details Residential B zone, Local Centre zone Relevant Codes Planning Area Codes (Residential B and Local Centre zones)

General Works Code Lighting Code Landscaping Code Noise Code Stormwater Code Traffic, Access and Parking Code Acid Sulfate Soils Overlay Code Bushfire Hazard Overlay Code Transport Infrastructure Overlay Code

Application ‘properly made’ 26 March 2014 Information Request Issued 2 May 2014; Final response received 10 October 2014 Referral Agencies Concurrence Agencies:

Department of State Development, Infrastructure and Planning – within 25m of a public passenger transport corridor and within 25m of a railway

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Moreton Bay Regional Council COORDINATION COMMITTEE MEETING PAGE 15/199 17 February 2015 Report ITEM 2.1 DA/28730/2014/V2C - MATERIAL CHANGE OF USE - DEVELOPMENT PERMIT FOR SHOPPING CENTRE (SHOP, OFFICE, MEDICAL CENTRE, TAKE AWAY FOOD OUTLET, RESTAURANT, ENTERTAINMENT AND RECREATION (INDOORS) AND VETERINARY ESTABLISHMENT) AND STORAGE FACILITY AT 3 AND 9 BURPE - A10425223 (Cont.)

COORDINATION COMMITTEE MEETING PAGE 15/199 17 February 2015 Report

Public Notification (Notice of Compliance received)

7 November 2014

Submissions Received Properly Made: 9 including 1 Petition (160 names) Not Properly Made: 1

Decision Stage ends 24 February 2015 Is a Notation to the Planning scheme required?

Yes: Refer to Recommendation

Number of Existing Lots Three (3) Further Development Permits that may be required • Development Permit for Operational Works

(Intersection)

• Development Permit for Building Work The applicant seeks a Material Change of Use – Development Permit for a Shopping Centre (Shop, Office, Medical Centre, Take Away Food Outlet, Restaurant, Entertainment and Recreation (Indoors) and Veterinary Establishment) and Storage Facility situated at 3 and 9 Burpengary Road and 10 Henderson Road, Burpengary, on land described as Lot 1 and 2 SP153352 and Lot 3 RP112437. It is proposed to construct a shopping centre with a gross floor area of 3000m2 and a 1800m2 Storage Facility. The subject site is located within the Residential B and Local Centre zones and has an area of 20,759m2. The site is identified as being located within the Urban Footprint in the South East Queensland Regional Plan. The application was publicly advertised with ten (10) submissions received. There are sufficient grounds to justify approval despite the conflict with the Caboolture ShirePlan. The development is recommended to be approved, subject to conditions. The proposal was lodged with Council and deemed to be “Properly Made” on 26 March 2014. Accordingly, this application has been assessed in accordance with the Sustainable Planning Act 2009.

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Moreton Bay Regional Council COORDINATION COMMITTEE MEETING PAGE 15/200 17 February 2015 Report ITEM 2.1 DA/28730/2014/V2C - MATERIAL CHANGE OF USE - DEVELOPMENT PERMIT FOR SHOPPING CENTRE (SHOP, OFFICE, MEDICAL CENTRE, TAKE AWAY FOOD OUTLET, RESTAURANT, ENTERTAINMENT AND RECREATION (INDOORS) AND VETERINARY ESTABLISHMENT) AND STORAGE FACILITY AT 3 AND 9 BURPE - A10425223 (Cont.)

COORDINATION COMMITTEE MEETING PAGE 15/200 17 February 2015 Report

COMMITTEE RECOMMENDATION

Moved by Cr Peter Flannery Seconded by Cr Adrian Raedel CARRIED 12/1 Cr James Houghton voted against Committee’s Recommendation 1. That the Officer’s Recommendation be adopted as detailed in the report with the following

amendments:

a) Condition 12(b)b DP70 Acoustic Attenuation - Report Required be amended to read: (b) The report is to include at a minimum:

b Possible alternatives to the provision of a 3.0 metre acoustic fence to the northern boundary and eastern boundary.

b) Condition 19(a)i DP40 Landscaping Plan Required be amended to read:

i. Where an amended acoustic report recommends a noise barrier above 2.0 metres in height is required to adjoining properties along the northern, eastern and southern boundaries of the site, provide significant planting of semi-mature screening shrubs (minimum pot size of 45 litres) capable of achieving a minimum mature height of five (5) metres between the adjoining properties and the noise barrier.

c) Condition 19(a) to include an additional clause to read:

viii. Provision of a 3.0 metre wide landscaped area along the length of the eastern

boundary be included. 2. That a copy of the Council report be provided to the State Member.

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Moreton Bay Regional Council COORDINATION COMMITTEE MEETING PAGE 15/201 17 February 2015 Report ITEM 2.1 DA/28730/2014/V2C - MATERIAL CHANGE OF USE - DEVELOPMENT PERMIT FOR SHOPPING CENTRE (SHOP, OFFICE, MEDICAL CENTRE, TAKE AWAY FOOD OUTLET, RESTAURANT, ENTERTAINMENT AND RECREATION (INDOORS) AND VETERINARY ESTABLISHMENT) AND STORAGE FACILITY AT 3 AND 9 BURPE - A10425223 (Cont.)

COORDINATION COMMITTEE MEETING PAGE 15/201 17 February 2015 Report

OFFICER’S RECOMMENDATION A. That Council, in accordance with the Sustainable Planning Act 2009, approves a development

application for a Material Change of Use – Development Permit for a Shopping Centre (Shop, Office, Medical Centre, Take Away Food Outlet, Restaurant, Entertainment and Recreation (Indoors) and Veterinary Establishment) and Storage Facility at 3 and 9 Burpengary Road and 10 Henderson Road, Burpengary, described as Lot 1 and 2 SP153352 and Lot 3 RP112437, subject to the following conditions:

Approved Plans and Documents Plan / Document Name Reference

Number Prepared By Dated

Roof Plan DA-04 Rev G Cox Rayner Architects and Planners 19 December 2014

Demolition and Lot Reconfiguration DA-04 Rev F Cox Rayner Architects and

Planners 18 December 2014

Sections DA-07 Rev F Cox Rayner Architects and Planners 18 December 2014

Elevations DA06 Rev F Cox Rayner Architects and Planners 18 December 2014

Waste Management Program: Proposed Shopping Centre Extension

- I.B. Town Planning 10 October 2014

Plans to be Amended Plan / Document Name Reference

Number Prepared By Dated

Noise Impact Assessment 14-096 MWA Environmental 1 October 2014

Ground Floor Plan DA-03 Rev G Cox Rayner Architects and Planners 19 December 2014

Site Plan DA-01 Rev G Cox Rayner Architects and Planners 19 December 2014

Basement Plan DA-02 Rev G Cox Rayner Architects and Planners 19 December 2014

Engineering Report 13456 Rev B Bornhorst + Ward October 2014 Traffic Impact Assessment and amendments provided with Information Request Response

CEB06386 .JGP/NJE Cardno

25 February 2014 30 September 2014

MATERIAL CHANGE OF USE – ALL STAGES

CONDITION TIMING

DEVELOPMENT PLANNING

PLANS AND DOCUMENTS

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Moreton Bay Regional Council COORDINATION COMMITTEE MEETING PAGE 15/202 17 February 2015 Report ITEM 2.1 DA/28730/2014/V2C - MATERIAL CHANGE OF USE - DEVELOPMENT PERMIT FOR SHOPPING CENTRE (SHOP, OFFICE, MEDICAL CENTRE, TAKE AWAY FOOD OUTLET, RESTAURANT, ENTERTAINMENT AND RECREATION (INDOORS) AND VETERINARY ESTABLISHMENT) AND STORAGE FACILITY AT 3 AND 9 BURPE - A10425223 (Cont.)

COORDINATION COMMITTEE MEETING PAGE 15/202 17 February 2015 Report

1. DS2 Approved Plans and documents

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

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

2. DS3 Amended Plans Required

(a) Submit amended plans incorporating the following: (i) Delineated walking routes within the main car park (north

of the main access route). (ii) Provision of a concrete pedestrian footpath from

Henderson Road through to the basement car park. (iii) A 1 metre extension on the blind isle in the south-west

corner car park. (iv) Relocate the Persons with Disabilities spaces to provide

an additional space close to the Medical Centre. (v) Amend the driveway configuration to incorporate any

changes due to the approved Swept Path Analysis.

(b) Obtain approval from Council for the amended site plans in accordance with (a) above.

(c) Implement the requirements and recommendations of the

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

(a) and (b) Prior to

approval of Building Works or Approval of Operational Works whichever occurs first.

(c) Prior to

commencement of use.

MATERIAL CHANGE OF USE - GENERAL

3. DPU Land Uses – Maximum GFAs

The mix of the following tenancies are not to exceed the following GFAs: • Supermarket – 1200m2 GFA • Entertainment and Recreation (indoors) (limited to a gym use

only) – 600m2 GFA • Shop, Office, Take Away Food Outlet, Restaurant, Veterinary

Establishment – 650m2 GFA combined total • Medical Centre/pharmacy 550m2 GFA • Storage Facility 1800m2 GFA Note: This condition is imposed to ensure the development reflects the tenancy mix of a local centre.

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

4. DP163 Free Parking for Staff and Customers/Members

Ensure all parking spaces included on the approved site plan are

At all times.

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Moreton Bay Regional Council COORDINATION COMMITTEE MEETING PAGE 15/203 17 February 2015 Report ITEM 2.1 DA/28730/2014/V2C - MATERIAL CHANGE OF USE - DEVELOPMENT PERMIT FOR SHOPPING CENTRE (SHOP, OFFICE, MEDICAL CENTRE, TAKE AWAY FOOD OUTLET, RESTAURANT, ENTERTAINMENT AND RECREATION (INDOORS) AND VETERINARY ESTABLISHMENT) AND STORAGE FACILITY AT 3 AND 9 BURPE - A10425223 (Cont.)

COORDINATION COMMITTEE MEETING PAGE 15/203 17 February 2015 Report

free of charge to staff and customers/members.

AMALGAMATE LOTS

5. DP10 Configuration of Lots

Amalgamate Lots 1 and 2 SP153352 and Lot 3 RP112437.

Prior to commencement of use.

BUILDING DESIGN

6. DP15 Electrical Transformer

Ensure that where electrical transformers are located in the front setback (only where an internal road is not proposed) it is screened so that the transformer is not visible from any road frontage and achieves the following; (i) A combination of screening device and landscaping; (ii) The screening device is constructed of durable, weather

resistant materials; and (iii) Is integrated with the design of the development and positively

contributes to the streetscape. Where an internal road is proposed the transformer is to be located at the end of the roadway internal to the site with provision made for maintenance access through the site.

Note: The use of barbed wire or metal prongs is not permitted

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

AMENITY

7. DP16 Amenity of the Area

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

At all times.

8. DP162 Shopping Trolley Management Plan

(a) Submit a Shopping Trolley Management Plan demonstrating

how shopping trolleys are to be confined on the site. (b) Obtain approval from Council for the Trolley Management Plan

in accordance with (a) above. (c) Implement and maintain processes and procedures in

(a) Prior to

commencement of use.

(b) Prior to commencement of use.

(c) Prior to the

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Moreton Bay Regional Council COORDINATION COMMITTEE MEETING PAGE 15/204 17 February 2015 Report ITEM 2.1 DA/28730/2014/V2C - MATERIAL CHANGE OF USE - DEVELOPMENT PERMIT FOR SHOPPING CENTRE (SHOP, OFFICE, MEDICAL CENTRE, TAKE AWAY FOOD OUTLET, RESTAURANT, ENTERTAINMENT AND RECREATION (INDOORS) AND VETERINARY ESTABLISHMENT) AND STORAGE FACILITY AT 3 AND 9 BURPE - A10425223 (Cont.)

COORDINATION COMMITTEE MEETING PAGE 15/204 17 February 2015 Report

accordance with the approved Trolley Management Plan.

commencement of use and at all times.

9. DPU Hours of Operation - Gym

Restrict all amplified music in the gym to daytime hours between 6am and 10pm on any day.

At all times.

10. DPU Hours of Operation

(a) Submit for approval by Council an operational plan to achieve

the following:

(i) Restrict all vehicles from using the Henderson Road entry and exit after 10pm or before 7am on any day.

(ii) Restrict all access to the basement after 10pm or before

7am on any day.

(iii) Restrict service vehicle activities and refuse collection after 10pm or before 7am on any day.

(b) Implement the approved operational plan. The approved plan

will form part of the approval. Note: The above hours of operation are to be complied with unless stated otherwise in an approved amended acoustic report required by this approval.

(a) Prior to the

commencement of use.

(b) At all times.

11. DPU Privacy Screening

(a) Provide treatments to all windows that overlook private

recreation areas of adjoining sites. (b) Treatments may consist of one or more of the following:

• Sill heights at a minimum of 1.7 metres above floor level; or

• Opaque glazing on windows between the floor level and 1.7 metres above floor level.

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

12. DP70 Acoustic Attenuation - Report Required

(a) Submit an amended acoustic impact report prepared by a

suitably qualified person to reflect changes to the amended ground floor plan.

(b) The report is to include at a minimum:

(a), (b) and (c) Prior to works commencing on site.

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Moreton Bay Regional Council COORDINATION COMMITTEE MEETING PAGE 15/205 17 February 2015 Report ITEM 2.1 DA/28730/2014/V2C - MATERIAL CHANGE OF USE - DEVELOPMENT PERMIT FOR SHOPPING CENTRE (SHOP, OFFICE, MEDICAL CENTRE, TAKE AWAY FOOD OUTLET, RESTAURANT, ENTERTAINMENT AND RECREATION (INDOORS) AND VETERINARY ESTABLISHMENT) AND STORAGE FACILITY AT 3 AND 9 BURPE - A10425223 (Cont.)

COORDINATION COMMITTEE MEETING PAGE 15/205 17 February 2015 Report

a. Noise impacts from all proposed uses, in addition to the

impacts from plant and equipment noise, service noise, and customer car parking activity noise.

b. Possible alternatives to the provision of a 3.0 metre acoustic fence to the northern boundary.

c. Acoustic barriers are to be setback from the northern boundary and contained within the development site with provision for a landscaped buffer between the fence and the adjoining property.

(c) Obtain approval from Council for the amended acoustic impact

report in accordance with (a) above. (d) Implement all noise attenuation measures recommended in the

approved amended acoustic report in order to achieve the specified noise limits.

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

above attenuation measures have been installed/implemented in accordance with the specifications of the approved amended acoustic report.

(f) The approved amended document/s will form part of the

approval.

(d) Prior to the

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

(e) Prior to the

commencement of use.

(f) At all times.

LIGHTING

13. DP34 Lighting External Lighting

(a) Install external lighting in accordance with AS4282-1997 -

(Control of the Obtrusive Effects of Outdoor Lighting) or as amended.

(b) Provide certification from a suitably qualified person that

external lighting has been installed in accordance with AS4282-1997 - (Control of the Obtrusive Effects of Outdoor Lighting).

(a) Prior to

commencement of use and to be maintained at all times.

(b) Prior to commencement of use.

14. DP153 Pedestrian Lighting

(a) Any pedestrian areas utilised during night-time hours are to be

installed with lighting in accordance with AS 1158.3.1 Pedestrian Area (Category P) Lighting – Performance and installation design requirements or as amended.

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

for pedestrian areas complies with AS 1158.3.1 Pedestrian Area (Category P) Lighting – Performance and installation design

(a) Prior to

commencement of use and to be maintained at all times.

(b) Prior to commencement of use.

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requirements.

SAFETY/SECURITY

15. DP174 Internal Fire System – Commercial

(a) Provide an internal Fire Hydrant System with fire hydrants

placed at intervals of no more than 90 metres from each other. Hydrants may have a single outlet and be located above or below ground.

(b) Maintain the Fire Hydrant System at no cost to Council or

Unitywater. (c) Identify hydrants as specified in ‘Identification of street

hydrants for fire fighting purposes’ available under ‘Publications’ on the Department of Transport and Main Roads website www.tmr.qld.gov.au/~/media/busind/ techstdpubs/trum/125Amend18.pdf or as amended.

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

16. DPU Basement Security

Provide the basement area with CCTV security systems and other measures in accordance with the principles of Crime Prevention Through Environment Design (CPTED).

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

17. DP127 Bushfire Management Plan Required

(a) Submit a Bushfire Management Plan and/or Bushfire Plan

prepared by a suitably qualified person in accordance with applicable legislation. The following criteria will be used to determine the level of fire hazard or risk on the site:

(i) Size of the open space; (ii) Area of vegetation coverage; (iii) Vegetation structural type; (iv) Type, quality and density of understorey; (v) Significance as identified in the Atlas of Natural

Assets; (vi) Proximity to structural assets; (vii) Existence of firebreaks or other fuel reduced areas;

and (viii) Observed or potential fuel load.

Management measures are to be identified on the Bushfire Management Plan/Bushfire Plan to reduce the level of fire hazard. These methods must include but are not limited to firebreaks, fire trails, prescribed burns, stick raking, evacuation routes and fuel reduction zones.

(a) Prior to works

commencing on site.

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

(c) Implement the requirements and recommendations of the

approved Bushfire Management Plan/Bushfire Plan.

(b) Prior to commencement of use

(c) At all times.

WASTE MANAGEMENT

18. DP37 Waste Management Program

(a) Implement the approved waste management program; and

(b) Manage waste in accordance with Council’s General Waste and Recyclable Waste Storage and Collection for Residential and Commercial Developments Policy (Policy No: 12-2150-041) and Technical Guideline.

(c) Provide a bin wash down facility as per section 2.6 of Council’s General Waste and Recyclable Waste Storage and Collections – Technical Guideline.

(a) Prior to

commencement of use.

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

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

LANDSCAPING

19. DP40 Landscaping Plan Required

(a) Provide landscape plans, prepared by a suitably qualified and experienced person that is generally in accordance with the Landscaping Code and Planning Scheme Policy 14 of the ShirePlan. The landscaping plans must be submitted to and be approved by the Council, and include the following:

i. Where an amended acoustic report recommends a

noise barrier above 2.0 metres in height is required to adjoining properties along the northern and southern boundaries of the site, provide significant planting of semi-mature screening shrubs capable of achieving a minimum mature height of five (5) metres between the adjoining properties and the noise barrier.

ii. Access to the area required in (i) above to enable regular maintenance, details to be included in the landscape plans.

iii. Planting of screening shrubs; and tree species capable of achieving a minimum mature height of eight (8) metres; within the landscape areas to the east of the site to provide softening to the bulk of the building and loading areas. Tree species within these areas should be generally planted at 10 (ten) metre spacings.

(a) Prior to works

commencing on site.

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iv. Landscaping to the Burpengary Road frontage.

v. Car park shade tree planting at a rate of 1 tree per 6 car parking spaces.

vi. Details of all fencing, including location, materials and

height of acoustic fencing.

vii. Where an amended acoustic report recommends a noise barrier is required to any boundaries visible from Henderson Road or Burpengary Road, provide a minimum 1.0 metre wide landscape strip, unless specified in another condition, along the frontage of the acoustic barrier or other suitable treatment(s) to ultimately screen the acoustic barrier and reduce its susceptibility to graffiti.

(b) Implement the approved landscape plan. Note: The assessment of this landscaping plan will require payment of an assessment fee in accordance with Council Fees and Charges Schedule current at the time of lodgement.

(b) Prior to commencement of use and to be maintained.

20. DP42 Vehicle Encroachment

Protect all landscaped areas and pedestrian paths adjoining any car parking areas from vehicular encroachment by wheel stops, kerbing or similar barrier approved by the Council.

Prior to commencement of use.

21. DP43 Screening

Screen loading / unloading facilities, plant areas, refuse storage and other outdoor storage facilities on the site from direct view from any adjoining road or public space. Where landscaping is used for screening it is to be detailed on an approved landscape plan.

Prior to commencement of use.

TELECOMMUNICATIONS – MATERIAL CHANGE OF USE

22. DP130 Telecommunications External Infrastructure – Material Change of Use

Ensure that any radio transceivers, satellite dishes and the like that are installed external to the building are limited to a maximum of one (1) per building.

Prior to commencement of use.

23. DP160 Infrastructure to the Site – MCU - Multi

(a) Provide Fibre-Ready telecommunications infrastructure

(Internal and External conduit paths) in accordance with NBN Co Guideline MDU Building Design Guide as amended, that:

(i) Includes a suitable building entrance facility (lead-in) from

(a) Prior to

commencement of use.

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the property boundary to the building entrance; and (ii) Has suitable space and access for the installation,

maintenance and repair of all elements up to and including the Network Termination Device (NTD) and Power Supply Unit (PSU) or the likely location of a NTD and PSU for each <dwelling unit / tenancy>; and

(iii) A conduit with draw string, from either the

telecommunication room or riser/closet location to each NTD or the likely location of each NTD.

(b) Provide certification to Council from the Installer or an RPEQ

engineer (electrical engineer) that the works and infrastructure required in (a) above has been done.

Note: The location or the likely location of the NTD is determined by the owner in consultation with the electrician/electrical engineer. NBN Co have guidelines available to help determine the best location. Note: A template for certification is available from Council for the purpose of this condition.

(b) Prior to

commencement of use.

24. DP161 Internal Wiring – Material Change of Use

(a) Install internal wiring (Category 6 or better) within each

tenancy from the expected location of any future Network Termination Device (NTD) for High Speed Broadband (based on the recommended locational criteria in the NBN Co Guideline (MDU Building Design Guide OR New Developments or NBN Co. Preparation and Installation Guide for SDUs and MDUs) to the same connection points in the tenancy that would have been or have been installed for telephone and television connections; including but not limited to bedrooms, family/living rooms, and study/office.

(b) Provide certification from the installer or an RPEQ engineer

(electrical engineering) that the wiring required in (a) above has been done.

Note: A template for certification is available from Council for the purpose of this condition. Note: Installers are recommended to be a registered cabler.

(a) Prior to

commencement of use.

(b) Prior to

commencement of use.

ACCESS AND PARKING

25. DP133 Bicycle Parking

Install secure bicycle parking and associated end of trip facilities for a minimum of ten (10) bicycles. All works are to comply with Caboolture: Council’s Design and

Prior to commencement of use and to be maintained.

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Development Manual and Austroads Standards.

DEVELOPMENT ENGINEERING

26. DE302 Replace Existing Council Infrastructure

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

Prior to commencement of use.

27. DE303 Alterations and Relocation of Existing Services

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

Prior to commencement of use.

28. DE304 Construction Management Plan

(a) Submit a Construction Management Plan (CMP) prepared by a

suitably qualified person. The CMP is required to ensure the development works (including all construction, demolition and excavation) do not adversely affect the health, safety, amenity, traffic or environment in the surrounding area. The plan is to include (but is not limited to) at least the following:

(i) Proposed construction program; (ii) Public safety, amenity and site security; (iii) Operating Hours, noise and vibration controls; (iv) Air & dust management; (v) Stormwater runoff, erosion & sediment control; (vi) Waste & materials refuse management; (vii) Traffic management; (viii) Construction materials delivery & storage; (ix) Construction office accommodation; (x) Contractors vehicle parking arrangements; and (xi) Extent of earthworks exposed on the site at any time.

(b) Obtain approval from Council for the Construction

Management Plan. (c) Implement the approved Construction Management Plan and

keep a copy of the CMP on site at all times during construction. Notes:

The CMP should be based on the following:

1. Council will generally only approve early starts for large

(a) Not less than six

(6) weeks prior to any works commencing on site.

(b) Prior to works

commencing on site.

(c) At all times during construction of the development.

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concrete pours (e.g. monolithic concrete pours for basements and suspended floor slabs) during summer.

2. Dewatering directly into Council’s stormwater system (pipes or overland flow) without appropriate water quality treatment/improvement is not acceptable.

3. Materials unloading and loading must occur on-site unless prior written approval is given by Council.

4. All construction office accommodation and associated temporary buildings is to be contained within the site or on a nearby site.

29. DEU Earth Retaining Structures

(a) Design and construct all earth retaining structures in

accordance with:

(i) Council’s Planning Scheme and relevant Planning Scheme Polices;

(ii) Council’s design standards; (iii) Relevant Australian Standards; and (iv) Relevant Building Code requirements.

The minimum Design Life (the period assumed in design for which a structure or structural element is required to perform its intended purpose without replacement or major structural repairs) for the earth retaining structure is that specified in Table 3.1 of Australian Standard AS4678-2002.

(b) Earth retaining structures within the land and around areas of

cut on or near the boundaries of the site must be designed to allow for live and dead loads associated with the its current occupancy and use.

(c) Provide design drawings that clearly show the location and

overall configuration (fully dimensioned), design parameters and loads, materials and finishes of all earth retaining structures for the development.

(d) Provide written certification from a suitably qualified and experienced RPEQ that the works comply with this permit condition.

(a) to (d) Prior to commencement of use.

30. DEU Site Access to Burpengary and Henderson Roads

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(a) Provide an Amended Traffic Impact Assessment including an

intersection report for the access off Burpengary Road and the access off Henderson Road for Council Approval. The design must be in the form of an intersection, and not an industrial crossover. The intersection access onto Burpengary Road must not compromise Council’s Trunk Planning or modify the access to the railway station car park.

(b) Design and construct the site accesses in accordance with the

Caboolture Planning Scheme Policy 4 and the Council approved intersection report.

This condition has been imposed under section 665 of the Sustainable Planning Act 2009. Note: The design and construction of the intersections shall trigger an Operational Works application.

(a) Prior to any

approval of Building Works or Approval of Operational Works whichever occurs first.

(b) Prior to

commencement of use.

31. DEU Design Standards for Off-Street Parking

(a) Design, construct, line-mark and sign all site access and

parking in accordance with the Australian Standards for Off-Street Parking AS 2890 and Caboolture Shire Council Planning Scheme Codes and Planning Scheme Policies. The requirements of Council’s Planning Scheme will prevail where there is a discrepancy between the AS2890 and Council’s Planning Scheme unless approved otherwise in writing by Council.

(b) Provide a ‘Level V’ allotment drainage system in accordance

with the Queensland Urban Drainage Manual (QUDM). The design ARI for the system shall be twenty (20) years unless approved otherwise in writing by Council; but in no circumstance shall the ARI be less than that for the Minor Stormwater System in the adjacent road system.

(c) Provide certification from a Registered Professional Engineer

Queensland that the access and parking has been designed and constructed in accordance with the requirements listed in (a) and (b) above.

Note: The current design standards and relevant planning scheme codes are: 1. Planning Scheme Policy 4; 2. Traffic Access and Parking Code; and 3. Stormwater Code Note: Final locations for disabled car parking spaces to be confirmed with Council prior to commencing construction.

(a), (b) and (c) Prior to commencement of use.

32. DEU Stormwater Management Plan (Quantity & Quality) – Qualified Approval

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(a) Provide a revised Stormwater Management Plan for Council

approval including the following amendments:

• A detailed hydraulic analysis using appropriate industry accepted methods and software is to determine the final detention device characteristics for all events up to and including the 1% AEP event. The analysis is also to demonstrate that the existing 375mm dia pipe at the kindergarten is not hydraulically compromised.

• Council recommends the bioretention basin be co-located

within the detention basin.

• The MUSIC model indicates that the orthophosphate content is less than the required 50mg/kg value and has used 45mg/kg. Council estimates that the bioretention filter area would need to be increased to around 425m2 to meet the load reductions. The final design is to address this matter in a satisfactory manner.

• Establish a legal point of discharge for the stormwater runoff from the site. This may include downstream owner consent, or other mechanisms as identified in QUDM and PSP4.

(b) Implement the works identified in the Council approved

Stormwater Management Plan and provide certification from a Registered Professional Engineer Queensland that all works have been designed and constructed in accordance with this permit condition and including the following for private infrastructure:

• Photographic evidence and inspection date of the installation of approved underdrainage;

• Copy of the bioretention filter media delivery dockets/quality certificates confirming the materials comply with specifications in the approved Stormwater Management Plan;

• Date of the final inspection.

(c) Maintain and repair the completed private infrastructure works to ensure its ongoing effectiveness. The approved works shall not be altered at any time without the prior written approval of Council.

(a) Prior to any

operational works or building works whichever occurs first.

(b) Prior to

commencement of use.

(c) At all times.

33. DEU Crossover and Driveway Removal

Remove any redundant cross overs and driveways, and re-establish the kerb and channel to Council standards. Any disturbed areas of verge must be top soiled and turfed to Council’s standard profile.

Prior to commencement of use.

34. DEU Swept Path Analysis

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Provide Swept Path Analysis plans for Council approval, demonstrating the serving arrangements can be entered and exited while the vehicle remains on the hardstand surface.

Prior to Building Approval.

35. DPU Trunk Infrastructure – Dedication of Trunk Road

(a) Transfer to Council trunk infrastructure land (road) for the

widening of Burpengary Road to facilitate intersection works at the intersection of Burpengary Road/Station Road/Henderson Road/Rowley Road – CPIPRD0009 identified in Council’s Adopted Infrastructure Charges Resolution and shown on the approved layout plan. The road dedication shall be in accordance with Council drawing numbers 10/097-011 A and 10/097-012. Transfer of the land identified above shall occur with the registration of the approved survey plan.

(b) Submit a fully dimensioned Road Resumption Plan (Survey

Plan) prepared by a surveyor. This condition has been imposed under section 646 of the Sustainable Planning Act 2009.

(a) Prior to

commencement of the use.

(b) Prior to any

approval of Operational Works for the first stage of development.

CONCURRENCE AGENCY

36. DP138 Concurrence Agency Conditions

(a) Comply with the conditions of the Department of State

Development, Infrastructure and Planning Concurrence Agency response dated 26 May 2014 (reference: SDA-0414-009455) or as amended.

(b) Provide certification to Council prepared by a suitably qualified

person or the agency demonstrating the requirements of the Department have been met.

(a) At all times. (b) Prior to the

commencement of use.

ADVICE

ASSESSMENT CODES AND POLICIES

1. DPA1 Aboriginal Cultural Heritage Act 2003

The Aboriginal Cultural Heritage Act 2003 commenced in Queensland on April 16, 2004. Under the Act, indigenous parties are key in assessing cultural heritage significance. The Aboriginal Cultural Heritage Act 2003 establishes a Duty of Care for indigenous cultural heritage. This applies on all land and water, including freehold land. The Cultural Heritage Duty of Care lies with the person or entity conducting the activity.

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Penalty provisions apply for failing to fulfil the Cultural Heritage Duty of Care. Those proposing an activity that involves additional surface disturbance beyond that which has already occurred on the proposed site need to be mindful of the Duty of Care requirement. Details of how to fulfil the Duty of Care are outlined in the Duty of Care Guidelines gazetted with the Act. Council strongly advises that you contact the relevant state agency to obtain a copy of the Duty of Care Guidelines and further information on the responsibilities of developer under the terms of the Aboriginal Cultural Heritage Act 2003.

2. DPA30 Adopted Infrastructure Charges

Payment of Infrastructure Charges in accordance with Council’s Adopted Infrastructure Charges Resolution (minute page 11/1229 of 28 June 2011) apply to this development permit. Payment of Adopted Infrastructure Charges is to be in accordance with the Adopted Infrastructure Charges Notice issued with this permit.

3. DPA5 Advice - Food Premises

In accordance with the Food Act 2006 the following must be submitted to Council prior to the commencement of construction or the fit out of the premises: (a) An application for food business licence. (b) Plans and elevations (refer to note below). (c) Supporting documentation. (d) Relevant fee. Both the operator and premises must satisfy ANZFA Safe Food Australia Standard 3.2.2 (Food Safety Practices and General Requirements) and Standard 3.2.3 (Food Premises and Equipment). Please Note: The application is assessed against the provisions of AS 4674 – Design, construction and fit-out of food premises to determine compliance with Standard 3.2.3.

4. DPA36 Telecommunications Infrastructure

Telecommunications Infrastructure to and within the development is to be in accordance with the Telecommunications Act 1997 and any other relevant legislation.

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MATERIAL CHANGE OF USE – STAGE 1

CONDITION TIMING

CAR PARKING

37. DP9 On-Site Car Spaces

Provide a minimum two hundred and thirty (230) vehicle spaces on site, that must include a minimum: (i) Seven (7) disabled spaces; (ii) Six (6) motorcycle spaces; and (iii) One (1) ambulance space. Provide for the manoeuvring of vehicles on site, generally in accordance with the approved plan. Car spaces, access lanes and driveways shown on the approved plan must not be used for any other purpose.

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

MATERIAL CHANGE OF USE – STAGE 2

CONDITION TIMING

CAR PARKING

38. DP9 On-Site Car Spaces

Provide eighteen (18) additional vehicle spaces on site, that must include: (i) Two (2) disabled spaces. Provide for the manoeuvring of vehicles on site, generally in accordance with the approved plan. Car spaces, access lanes and driveways shown on the approved plan must not be used for any other purpose.

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

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B. In accordance with section 326 of the Sustainable Planning Act 2009, the Assessment Manager

considers that the decision conflicts with the Applicable Codes of the Caboolture Planning Scheme: Conflict with Applicable Codes of the Caboolture Planning Scheme

Reason for the decision

Overall Outcomes for all Planning Areas 5.4(b)(xii) Development minimises urban sprawl by optimising the use of land through consolidation and infill development and by containing commercial, industrial and residential development within existing zone boundaries.

Sufficient grounds to justify approval of the application are outlined below: • The proposal is partly located within the Local

Centre zone, is of a Local Centre scale and will cater for the convenience needs of rail commuters, existing and future members of the community;

• The proposal will not compromise the retail centres hierarchy;

• The proposal is appropriately located on a sub-arterial (future arterial) road across from Burpengary Railway Station; and

• The proposal through appropriate design,

landscaping and acoustic attenuation will satisfactorily co-exist with the adjoining residential properties in a manner that will not unduly impact on existing amenity or streetscape of the area.

Overall Outcomes for the Planning Areas 5.4(c)(ii) For the Burpengary Locality: (E) Commercial uses are of a scale that is compatible with the dominant built form of the surrounding area, are clustered on contiguous land and are located and function in a manner that services only the convenience needs of a clearly defined local resident catchment Planning Area Code – Residential B zone Overall Outcome (i) A diverse range of medium to high densities and residential types are consolidated at locations that can sustain increased residential densities, having regard to the proximity of higher order commercial and community facilities, areas of useable public open space and public transport nodes. Specific Outcome SO2 The following defined uses are inconsistent uses and are not located within the Residential B Zone: Entertainment and Recreation (Indoors), Medical Centre, Office, Restaurant, Storage Facility, Veterinary Establishment Planning Area Code – Local Centre zone Specific Outcome SO2 The following defined uses are inconsistent uses and are not located within the Local Centre Zone: Storage Facility

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

Notice.

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REPORT DETAIL 1. Background A Prelodgement was held for an extension to the existing shopping centre on 26 November 2012. On 5 November 2014, Mr Craig Rowe, a Properly Made Submitter to the application, presented community comment at the Council Meeting. On 21 November 2014, a meeting was held between Council Officers and the applicant to discuss the Information Request Response and Submissions. As a result of that meeting and submitter’s concerns, the applicant provided amended proposal plans, reducing the GFA of the centre, changing the layout and reducing opportunities for overlooking adjoining sites. The amendments provide opportunities for lots between the development and Henderson Road to be developed in the future, providing active frontages and the possibility of rear access. On 10 February 2015, Mr Craig Rowe presented further community comment on the amended proposal at the Council Meeting.

2. Explanation of Item 2.1 Proposal Details

This application seeks a Material Change of Use – Development Permit for a Shopping Centre (Shop, Office, Medical Centre, Take Away Food Outlet, Restaurant, Entertainment and Recreation (Indoors) and Veterinary Establishment) and Storage Facility situated at 3 and 9 Burpengary Road and 10 Henderson Road, Burpengary, on land described as Lot 1 and 2 SP153352 and Lot 3 RP112437. It is proposed to construct a shopping centre with a gross floor area of 3000m2 and a 1800m2 Storage Facility. The applicant proposes to demolish the existing 800m2 convenience centre at the Burpengary Road frontage (Lot 1 SP153352) consisting of an IGA Express, Liquorland, Medical Centre and Priceline Pharmacy. The existing dwellings on Lot 2 SP153352 and Lot 3 RP112437 are also proposed to be demolished. The proposal represents a 2,260m2 expansion of centre facilities over the existing shopping centre gross floor area as well as the addition of the Storage Facility use. The development is proposed to be constructed in two stages as follows:

Stage 1 • 1,200m2 supermarket • 1200m2 retail including a 550m2 medical centre • 600m2 gym • 259 car parks, 10 bicycle parks, 6 motorcycle parks and 2 van parks Stage 2 • 1,800m2 storage facility • 18 car parks and 1 van park

An all directions access is proposed via Henderson Road for both service vehicles and customer vehicles and is located between two existing dwelling houses. A further all directions access is proposed from Burpengary Road. The majority of the parking is accessed from and located at the frontage of Burpengary Road. Pedestrian access will be provided from both accesses. The building structure consists of two levels. Due to the natural slope of the land, the main entry to the supermarket and retail facilities are provided at the street level along with the majority of the car

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parking. The Storage Facility and additional parking is provided in the basement level. From the lower eastern elevation, the development will be visibly two levels. Fill will be required to achieve the proposed finished surface levels.

2.2 Site and Locality

2.2.1 Existing Use The applicant proposes to demolish the existing 800m2 convenience centre at the Burpengary Road frontage (Lot 1 SP153352) consisting of an IGA Express, Liquorland, Medical Centre and Priceline Pharmacy. The existing dwellings on Lot 2 SP153352 and Lot 3 RP112437 are also proposed to be demolished. 2.2.2 Topography The land grades from 23.5 metres AHD at the Burpengary Road frontage down to 15.8 metres AHD at the eastern boundary. 2.2.3 Surrounding Land Use The site is located directly opposite the Burpengary Railway Station. Burpengary Primary School is located approximately 300 metres to the north. The rear of the site adjoins Open Space and the Burpengary Kindergarten. The surrounding area is made up of predominantly residential uses, with dwelling houses adjoining the site to the northern and southern boundaries. Direction Planning Scheme

Zone Current Land Use

North Residential B Dwelling Houses South Residential B Dwelling House East Open Space/

Residential B Crendon Street Park, Burpengary Kindergarten, Dwelling House

West Special Use/ Residential B

Burpengary Railway Station, Dwelling House

2.3 State Planning Instrument Assessment

2.3.1 State Planning Regulatory Provisions (SPRPs)

An assessment against each of the State Planning Regulatory Provisions is set out as follows: Name Designation Applicable Requirements State Planning Regulatory Provision (Adopted Charges)

None Not Applicable to Development Assessment however the SPRP has informed the Council’s Adopted Infrastructure Charges Resolution that is discussed in section 2.5 of this report.

State Planning Regulatory Provisions (Adult Stores)

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

South East Queensland Koala

None The development proposal is not located in a Priority Koala Assessable Development Area or Koala

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Conservation State Planning Regulatory Provisions

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

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

Urban Footprint The development proposal is for an urban activity in the urban footprint and there are no requirements in the State Planning Regulatory Provisions applicable to the development proposal.

2.3.2 State Planning Policy

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

Applicable to the Development SPP Requirement Comment

State interest - Mining and Extractive Resources

No None

State interest - Biodiversity

No

None

State interest – Coastal Environment

No None

State interest – Water Quality

Yes Receiving Waters trigger Development: (1) avoids or otherwise minimises adverse

impacts on the environmental values of receiving waters, arising from: (a) altered stormwater quality or flow,

and (b) wastewater (other than contaminated

stormwater and sewage), and (c) the creation or expansion of non-tidal

artificial waterways, and (2) complies with the SPP code: Water

quality (Appendix 2). SEQ Water Supply Catchment Trigger Development: (1) complies with the specific outcomes and

measures contained in the Seqwater Development Guidelines: Development Guidelines for Water Quality

The proposal has demonstrated the requirements of the Policy can be achieved. The recommendations of this report include a condition requiring a detailed hydraulic analysis using appropriate industry methods to confirm compliance with the SPP.

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Applicable to the Development SPP Requirement Comment

Management in Drinking Water Catchments 2012, as if: (a) the specific outcomes are the

performance outcomes, and (b) the measures are the acceptable

outcomes. Acid Sulfate Soils Trigger Development: (1) avoids the disturbance of acid sulfate

soils by: (a) not excavating or otherwise removing

soil or sediment that contains acid sulfate soil (ASS), and

(b) not permanently or temporarily extracting groundwater that results in aeration of previously saturated ASS, and

(c) not undertaking filling that results in moving ASS below the water table, or

(2) ensures that the disturbance of ASS avoids or minimises the mobilisation release of acid and metal contaminants by: (a) neutralising existing acidity and

preventing the generation of acid and metal contaminants, and

(b) preventing the release of surface or groundwater flows containing acid and metal contaminants into the environment.

State interest – Emissions and Hazardous Activities

No None

State interest – Natural Hazards

Yes All Natural Hazards Trigger (1) avoids natural hazard areas or mitigates

the risks of the natural hazard, and (2) supports, and does not unduly burden,

disaster management response or recovery capacity and capabilities, and

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

(4) avoids risks to public safety and the environment from the location of hazardous materials and the release of

The development can achieve the requirements of the Policy. It is a recommendation of this report that a condition be included requiring the provision of a Bushfire Management Plan to ensure the provisions of the SPP are satisfied.

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Applicable to the Development SPP Requirement Comment

these materials as a result of a natural hazard, and

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

State interest – State Transport Infrastructure

Yes Development: (1) integrates with transport infrastructure

and supports public passenger transport and active transport as attractive alternatives to private transport, and

(2) complies with the SPP code: Land use and transport integration (Appendix 3).

The application was referred to the State as a Concurrence Agency due to its proximity to the Railway Station. The State has provided Conditions of approval. The development complies with the SPP Code.

State interest – Strategic Airports and Aviation Facilities

No None 2.4 Local Planning Instrument Assessment – Caboolture Planning Scheme

2.4.1 Desired Environmental Outcomes

Entertainment and Recreation (Indoors), Office, Storage Facility, Veterinary Establishment, Restaurant and Medical Centre are inconsistent land uses in the Residential B zone. The proposal is contrary to an Overall Outcome in the Residential B Planning Area Code. An assessment of the application against the relevant Desired Environmental Outcomes of the Caboolture ShirePlan is therefore required to ensure that the proposed development achieves the intent of the planning scheme. The following DEO’s are relevant: (v) Commercial uses are consolidated in Centres and are located in accordance with the

centres hierarchy in which higher order commercial, retail and administrative uses are located in the Caboolture-Morayfield Metropolitan Centre, middle order commercial uses are located in the Bellara, Burpengary and Deception Bay District Centres and single or a small number of convenience uses are located in the various local centres dispersed throughout the Shire.

(vii) The Caboolture-Morayfield Centre is the principal administrative, retail, commercial and community centre for the Brisbane north metropolitan region and development in any part of the Shire does not have a significant adverse impact upon this role.

The Planning Scheme defines a clear hierarchy for centres to ensure additional or expanded centres do not undermine the centres hierarchy and the role, performance and function of other centres within the hierarchy. The highest order centre is the Caboolture-Morayfield Metropolitan Centre, supported by a series of District Centres at Burpengary, Bellara and Deception Bay. Local Centres (subject site) are identified to provide localised convenience retail for the immediate needs of the local community. The Local Centre Zone Code indicates the general intention for these centres. Need for new centres is required to be demonstrated in accordance with Planning Scheme

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Policy 7 and an impact assessment undertaken to determine the likely trading impact of a new centre on the existing centres network. An Economic Impact Assessment (EIA) provided in support of the application has demonstrated the development is compatible with the function of the centres in respect to the centre hierarchy. Council instructed an external consultant to peer review the applicant’s EIA. Initially our consultant advised the proposal and the EIA did not demonstrate sufficient need and insignificant trade impacts. However, following the amendments to the EIA in response to Council’s information request and a reduction in scale and GFA of the centre, Council’s consultant has advised the revised development concept brings the development in line with what is considered a convenience based centre aimed at meeting immediate convenience needs and the scale of the supermarket is insufficient to materially impact any of the nearby supermarkets. The proposal has demonstrated the development will not have significant adverse effect on the centres hierarchy and the role, performance and function of other centres within the hierarchy. The latest revision of the development concept represents a level of development consistent with a lower order convenience centre that supports a nearby District Centre. The scale of the supermarket proposed, reduced to 1,200m2 from 1,700m2, will meet immediate convenience needs while not detracting from the role and function of full line supermarkets located within the Burpengary District Centre. . The proposal accords with the Desired Environmental Outcomes of the Caboolture ShirePlan. 2.4.2 Overall Outcomes

The proposal does not achieve a number of the Specific Outcomes and Overall Outcomes contained within the relevant Codes of the Planning Scheme. As a result, an assessment against the Overall Outcomes sought to be achieved within all planning areas is required and detailed below:

5.4(b)(ii)Centres: (A) Commercial uses are located in centres in accordance with the centre hierarchy

expressed in descending order of importance (both in terms of physical size and function) as follows:

(I) The Metropolitan Centre generally caters for a catchment population in excess of 100000 persons. The zone is intended to cater for a full range of commercial and retail uses, including a full range of department stores, key government and administrative uses and key community and cultural uses. The zone generally has a gross lettable area in excess of 40000m2 and the Caboolture-Morayfield Centre is the only Metropolitan Centre in the Shire;

(II) The District Centre zone generally caters for a catchment population of 5000-8000 households located within a number of communities. The zone is intended to cater for a broad range of commercial and retail uses, including a major chain supermarket, a full range of food stores and personal services, a small variety store and a number of speciality stores and are complemented by a community use such as a library or meeting place. The zone generally has a gross lettable area of between 5000m2 and 15000m2. District Centres are located at Bellara, Burpengary and Deception Bay;

(III) The Local Centre Zone generally caters for 1000-2000 households located in one community. The zone is intended to cater for a limited number of predominantly food and personal services based retail and convenience stores. The zone generally has a gross lettable area of between 500m2 and 4000m2. Local centre zones are located throughout the Shire and are consistent in scale and functioning with residential areas.

(B) Development does not adversely affect, either individually or cumulatively, the role of Caboolture and Morayfield as the principal activity centre for the northern Brisbane metropolitan area or other centres in the centres hierarchy.

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(C) Centres will be accessible via an integrated cycle and pedestrian network. Comment:

The existing Burpengary Convenience Centre on the site functions as a Local Centre as is its intention in accordance with the Planning Scheme. The size of the proposed 3000m2 shopping centre also fits within the Neighbourhood / Local Centre category of 500m2 – 4000m2 in accordance with the Centres Hierarchy Strategy. The centre is significantly smaller than the District Centre at Burpengary and does not provide a full line supermarket, therefore will not significantly impact on the role of the retail centres hierarchy. Included within the proposed 3000m2 are non ‐retail facilitie are consistent with the outcomes of a Local Centre by providing a single, convenient location where customers can utilise a number of services and activities. The future planned medium to high density residential uses in the surrounding area together with the location of the centre adjacent to the railway station is consistent with the Planning Scheme outcome for local centres to be located throughout the Planning Scheme area that are consistent in scale and functioning within residential areas. The proposed centre is expected to service the local catchment, traffic flows on Burpengary Road as well as commuters from the train station for the majority of its business. The Burpengary District Centre and the Caboolture / Morayfield activity Centre are destinations due to their large national supermarkets and discount department stores. The proposed centre will therefore not adversely impact on the role of the retail centres hierarchy. The proposed centre is accessible via integrated cycle and pedestrian network. The proposed development supports these Overall Outcomes.

5.4 (b)(iv) High quality urban design creates buildings and public spaces that are safe, comfortable and enjoyable for workers, residents and visitors; Comment:

The high quality architectural design provides retail facilities on a single level, designed to create a market place style atmosphere, with a large forecourt area that integrates the supermarket, and specialty retail uses into a cohesive development. The design provides a more complex built form than a standard “big box”. The development takes advantage of the slope of the site to provide retail facilities at the level of the street, with the main access provided from Burpengary Road. The development provides some activity to the street frontage with direct and safe pedestrian linkages to Burpengary Road and the Burpengary Railway Station. Following amendments to the proposal as a result of submissions and a meeting between Council Officers and the applicant to discuss matters of concern together with conditions recommended in this report, the site accesses, on-site parking and manoeuvring will provide for safe operation of the site. The building has been orientated to face the entrance of the site and the proposed car park areas. Any service areas at the rear of the buildings will be provided with limited access. The design provides for the safety, comfort and enjoyment of workers, residents and visitors. The recommendations of this report include conditions to ensure the safety, comfort and enjoyment of adjoining sensitive uses is maintained.

The proposed development supports this Overall Outcome.

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5.4 (b)(v) The needs of the expanding community are supported by the provision of a range of easily accessible community services and recreational activities provided in appropriate locations;

Comment:

The surrounding area is zoned for medium-high density residential. The proposed centre will provide a range of accessible community services in an appropriate location across from the Burpengary Railway Station and on a sub-arterial road. The proposed development supports this Overall Outcome.

5.4 (b)(vi) Development improves the visual and physical integration of compatible uses and the separation of incompatible uses through the use of appropriate positioning, buffers and design;

Comment:

Minimum 3.0 metre landscaped buffers and acoustic treatments are proposed to separate the development from adjoining residential uses. Layout and design changes as a result of submissions provide appropriate positioning and separation. The recommendations of this report include conditions to ensure residential amenity is maintained for adjoining residential uses.

The proposed development supports this Overall Outcome. 5.4(b)(xi) Development optimises, but does not strain, social and physical infrastructure, facilities and services, which are appropriately located in a cost effective manner, to meet the expectations of the users.

Comment:

The proposal optimises its proximity to commuter rail and a sub-arterial road whilst not generating sufficient demand to negatively impact the networks, satisfying this Overall Outcome. The proposed development supports this Overall Outcome.

5.4 (b) (xii) Development minimises urban sprawl by optimising the use of land through consolidation and infill development and by containing commercial, industrial and residential development within existing zone boundaries.

Comment:

The majority of the development is located in the Residential B zone. The development fails to optimise the use of the land for residential purposes. Given the development’s location directly opposite the Burpengary Railway Station, it is a valuable location that could sustain high residential densities to avoid urban sprawl. The proposed development does not include any residential component and is therefore contrary to this Overall Outcome. In accordance with section 326(1)(b) of the Sustainable Planning Act 2009 the Assessment Manager’s decision must not conflict with a relevant instrument, unless “there are sufficient grounds to justify the decision despite the conflict”. Sufficient grounds to justify approval of the application are outlined below:

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• The proposal is partly located within the Local Centre zone, is of a Local Centre scale and will cater for the convenience needs of rail commuters, existing and future members of the community;

• The proposal will not compromise the retail centres hierarchy; • The proposal is appropriately located on a sub-arterial (future arterial) road across

from Burpengary Railway Station; and • The proposal through appropriate design, landscaping and acoustic attenuation

will satisfactorily co-exist with the adjoining residential properties in a manner that will not unduly impact on existing amenity or streetscape of the area.

5.4(b)(xiii) Development achieves an appropriate urban form and appearance having regard to the existing and intended form of the area, whilst responding to the physical elements of the site and its surrounds.

Comment:

The proposed development offers opportunities for the development and revitalisation of this valuable location, across from the railway station. Through the use of urban design features, the development will enhance the sense of place and local identity experienced within the area having regard to the intended form of the area. The design responds to the physical elements of the site, utilising the slope of the land through the provision of a basement and sufficiently responds to the surrounding residential uses. The proposed development supports this Overall Outcome.

5.4(b)(xiv) Building heights are in keeping with the preferred built form and are suitable for the character of the area.

Comment:

The development has a maximum height of 10.8 metres, less than the maximum height of 15.0 metres provided for in Residential B zone for that location. Amended plans provided following submissions and a meeting with the applicant to express matters of concern has provided a design that ensures no overlooking of residential uses. In addition, the recommendations of this report include conditions to ensure residential amenity is maintained.

Whilst the proposed height is not in keeping with the existing character of the locality, the Overall Outcome identifies the ‘preferred’ built form. While the area currently does not contain buildings of this height the Planning Scheme seeks increased building heights to enable higher densities to be achieved in the area. As such, the development is consistent with this requirement.

5.4(b)(xvi) Development responds to the transport network and maximises access to services, markets and labour; where development occurs in close proximity to a public transport node with good pedestrian and cyclist access increased densities and a greater labour force are encouraged.

Comment:

The development provides an appropriate response to the transport network due to its location adjacent to the Burpengary Railway station and a sub-arterial (future arterial) road, maximising access to services, markets and labour. The proposed development supports this Overall Outcome.

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5.4(b)(xvii) Development avoids significant adverse impacts on adjacent land uses and areas with value for nature conservation, outdoor recreation and scenic amenity that are available for public recreation.

Comment:

The proposal through design, landscaping and acoustic attenuation avoids significant adverse impacts on adjacent land uses. The recommendations of this report include conditions to ensure the development will not unduly impact on the existing amenity of the area.

. Central Planning Area 5.4(c)(ii) For the Burpengary Locality: (B) Higher density residential development is located within, and in close proximity to, the

District Centre in Station Road and the public transport and community facilities node at Burpengary Railway Station in a way that advances the principles of Transit Oriented Development through the integration of uses, the promotion of pedestrian and cyclist activity and optimisation of the use of public transport;

(E) Commercial uses are of a scale that is compatible with the dominant built form of the surrounding area, are clustered on contiguous land and are located and function in a manner that services only the convenience needs of a clearly defined local resident catchment.

Comment:

The shopping centre development limits the ability of this site to achieve higher density residential development in proximity to the Burpengary Railway station. However, the outcome notes the community facilities node located at the Burpengary Railway station. Whilst this development is located on the site zoned for Local Centre, it is also partly located in the Residential B zone. The development advances the principles of Transit Oriented Development by optimising the use of public transport, creating nodes of walkable development. Whilst these nodes consist of a mix of higher density residential uses, convenience retail and associated facilities that serve the needs of the community are also required. Expansion of the convenience facilities in this location, will ensure the needs of surrounding residents (including future higher density residential growth) and commuters are met. Whilst the centre is not clustered with similar uses, it integrates a number of different uses achieving the outcome sought by the planning scheme. The height and scale of the development however is not compatible with the surrounding built form dominated by residential dwelling houses. The development is therefore contrary to this Overall Outcome. In accordance with section 326 (1) (b) of the Sustainable Planning Act 2009 the assessment manager’s decision must not conflict with a relevant instrument, unless “there are sufficient grounds to justify the decision despite the conflict”.

Sufficient grounds to justify approval of the application are outlined below:

• The proposal is partly located within the Local Centre zone, is of a Local Centre scale and will cater for the convenience needs of rail commuters, existing and future members of the community;

• The proposal will not compromise the retail centres hierarchy; • The proposal is appropriately located on a sub-arterial (future arterial) road across

from Burpengary Railway Station; and

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• The proposal through appropriate design, landscaping and acoustic attenuation will satisfactorily co-exist with the adjoining residential properties in a manner that will not unduly impact on existing amenity or streetscape of the area.

2.4.3 Assessment of Applicable Codes

Applicable Codes Code Compliance Alternative Solutions Proposed

Zone/ Locality Code Planning Area Code (Residential B zone) No S2.1, S5.2, S5.7, S11.1, S11.2, S11.3

Planning Area Code (Local Centre zone) Yes S2.1, S7.1

Development Codes General Works Code Yes Lighting Code Yes Landscaping Code Yes Noise Code Yes Stormwater Code Yes Traffic, Access and Parking Code Yes

Overlay Codes Acid Sulfate Soils Overlay Code Yes

Bushfire Hazard Overlay Code Yes Transport Infrastructure Overlay Code Yes

Overall Outcomes

Planning Area Code (Local Centre zone) (b) The overall outcomes sought for the Local Centre Zone are the following:

(i) Development in Local Centres is of a small scale and compatible with the function of the centres in respect to the centre hierarchy;

(ii) A mix of uses is encouraged to provide a range of services to meet the convenience needs of the community in the centre catchment population;

(iii) Uses in the centre provide for safety, comfort and enjoyment of workers, residents and visitors;

(iv) Development enhances the appearance of the built form, having regard to the attributes of the site and surrounds, such as shape and size, access points, topography, views, natural environment, landscaping and character of the area;

(v) Building design and layout maximise the exposure of commercial uses to areas of pedestrian movement, while optimising energy efficiency and the use of space;

(vi) Development maximises the consolidation and integration of compatible uses to optimise the use of land and the physical and social infrastructure;

(vii) Development maximises the integration and use of public transport. Assessment Lot 1 on SP153352 containing the existing 800m2 local shopping centre is located within the

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Local Centre zone. The proposal satisfies the Overall Outcomes for the Local Centre zone as follows: • The size of the proposed 3000m2 shopping centre fits within the Neighbourhood / Local

Centre category of 500m2 – 4000m2 in accordance with the Centres Hierarchy Strategy. The 1800m2 storage facility will not impact the function of centres within the centre hierarchy. The proposed centre is small scale and is significantly smaller than the District Centre at Burpengary (over 19,000m2). The proposal does not provide a full line supermarket and will provide convenience needs for the local catchment and commuters only.

• The proposal includes a mix of uses including convenience supermarket, medical centre, gym, retail, Office, Take Away Food Outlet, Restaurant and Veterinary Establishment. The mix of uses provides a range of services to meet the convenience needs of the community in the centre catchment population.

• The proposed mix of uses and facilities will provide for safety, comfort and enjoyment of workers and visitors. The recommendations of this report include conditions to ensure the safety, comfort and enjoyment of residents is maintained.

• The proposal has regard to its surrounds, has been designed to suit the shape, size and topography of the site. One access point is provided to each frontage. The proposal will provide a renewed character to the existing convenience centre and enhance the appearance of the built form.

• Building design and layout maximise the exposure of commercial uses to areas of pedestrian movement from the Railway Station and the amendments made to the proposal plans following discussions with the applicant ensure the development optimises energy efficiency and the use of space.

• The proposed development includes a mix of uses including convenience retail, medical and fitness services and food outlets, optimising the use of the land, existing roads, infrastructure and commuter rail. The proposal seeks to expand the existing convenience centre on the site, to a scale that will support the needs of the surrounding community as well as commuters. The applicant has advised the current scale of the convenience centre is not sufficient to support demand, as well as the increase in demand that will arise from residential growth around this node. If the remaining site area were to be developed for residential purposes, then this would result in a need for additional sites to be developed for non-residential uses, rather than consolidating it within the one convenience centre.

• The proposed centre maximises the integration and use of public transport. The principles of transit oriented development seek to create nodes of walkable development centered around public transport infrastructure. These nodes therefore need to consist of a mix of higher density residential uses, as well as retail and associated facilities.

Specific Outcome Probable solution

Local Centre zone Code SO2 The following defined uses are inconsistent uses and are not located within the Local Centre Zone: Storage Facility

S2.1 No solution provided.

Alternative Solution/s Assessment SO2 A Storage Facility is an inconsistent use in the Local Centre zone. The Specific

Outcome is not achieved. SO7 The combination of the nature, scale and

S7.1 No individual facility or combination of

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location of retail and office floor space does not detract from the role or viability of the District Centres within the Shire.

adjacent facilities comprising Shops or Offices, or both, and associated uses has a total gross floor area of more than: (a) 4000m2 in the following local centres: (i) Banksia Beach (corner Sunderland Drive and Endeavour Drive); (ii) Bongaree (First Avenue); (iii) Narangba (Main Street); (iv) Narangba (Young Road); (v) Ningi (corner Regina Avenue and Bribie Island Road); (vi) Woodford (Archer Street); and (vii) Woorim (Jacana Avenue and North Street). (b) 1000m2 for any other local centre.

Alternative Solution/s Assessment SO7 The shopping centre development proposed at 3000m2 in addition to a Storage

Facility of 1800m2 is in excess of the 1000m2 suggested by the Probable Solution for this area. The size of the proposed 3000m2 shopping centre fits within the Neighbourhood / Local Centre category of 500m2 – 4000m2 in accordance with the Centres Hierarchy Strategy. District Centres have a gross lettable area of between 5000m2 and 15000m2. The proposed centre does not provide a full line supermarket and is significantly smaller than the District Centre at Burpengary (over 19,000m2). The proposed centre provides convenience retail and services in a highly convenient location, opposite the Burpengary train station, along Burpengary Road. The proposed centre will rely on the local catchment, traffic flows from Burpengary Road and commuters from the train station for the majority of its business. Whereas, the Burpengary District Centre containing four national supermarkets is a destination in its own right and also has approval for further expansion. The proposed centre is therefore unlikely to significantly impact on the role of the retail centres hierarchy. Included within the proposed 3000m2 centre are 1150m2 non ‐ proposed Storage Facility are consistent with the outcomes of a Local Centre to provide a range of uses and services to meet the convenience needs of the community in the centre catchment population. The nature, scale and location of the retail and services provided by the centre will not detract from District Centres in the Shire, satisfying the Specific Outcome.

Planning Area Code (Residential B zone) The overall outcomes sought for the Residential B Zone are the following: (i) A diverse range of medium to high densities and residential types are consolidated at

locations that can sustain increased residential densities, having regard to the proximity of higher order commercial and community facilities, areas of useable public open space and public transport nodes;

(ii) Residential amenity is maintained through appropriate built form, with the height and design of buildings in keeping with the preferred character of the locality;

(iii) Commercial uses of a size and scale that provides only for the convenience of the local residents are appropriately located within the local catchment;

(iv) Building design responds to the South East Queensland climate and optimises the use of indoor and outdoor private space;

(v) Sufficient buffers are provided to protect residential development from the adverse effects of non-residential uses.

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Assessment The majority of the site is contained within the Residential B zone. An assessment against the Overall Outcomes for the Residential B zone is as follows: • The proposal is in a valuable location adjacent to the commuter rail and open space in a

medium-high density residential area and will provide commercial and community facilities that will serve commuters and surrounding residents. The development however does not provide any medium to high density residential uses, and therefore does not achieve this Overall Outcome.

• The development has a maximum height of 10.8 metres, less than the maximum height of 15.0 metres provided for in Probable solution S6.1B. Amended plans provided following submissions and a meeting with the applicant to express matters of concern has provided a design that ensures no overlooking of residential uses. In addition, the recommendations of this report include conditions to ensure residential amenity is maintained. Whilst the height and design of the buildings is not in keeping with the existing character, the planning scheme sets out the preferred future character for the locality and seeks increased heights and densities in this area.

• As discussed above, the proposed centre is of a size and scale that provides for the convenience of local residents and rail commuters and is appropriately located adjacent to the Burpengary Railway Station.

• Amendments to the layout as a result of discussions with the applicant ensure the design of the development responds to the local climate and provides both indoor and outdoor spaces for the convenience of users.

• The proposal involves uses that have the potential to operate 24 hours a day, including the Entertainment and Recreation (Indoors), Medical Centre and Veterinary Establishment. As such, areas of the site will be required to be appropriately lit, impacting on the surrounding residential areas. The development is also anticipated to result in an acoustic environment vastly different to that anticipated for the character of the Residential B zone. Minimum 3.0 metre landscaped buffers and acoustic treatments are proposed to adjoining residential uses. The recommendations of this report include conditions to ensure residential amenity is maintained.

Specific Outcome Probable solution

Residential B Zone Code SO2 The following defined uses are inconsistent uses and are not located within the Residential B Zone: Entertainment and Recreation (Indoors) Medical Centre Office Restaurant Storage Facility Veterinary Establishment

S2.1 No solution provided.

Alternative Solution/s Assessment SO2 The proposed Entertainment and Recreation (Indoors), Medical Centre, Office,

Restaurant, Storage Facility and Veterinary Establishment are inconsistent uses in the Residential B zone. The Specific Outcome is not achieved.

SO5 Building form, scale and bulk positively contributes to the amenity of the surrounding landscape, in particular that of adjoining

S5.2 (a) Length of wall, irrespective of recesses or projections, do not exceed 15.0 metres Or

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streetscapes and lots, and incorporates traditional design elements.

(b) Building bulk is reduced through: (i) Significant recesses and projections in the horizontal and vertical planes; and (ii) Elements of a finer scale than the main structural framing of the building. S5.7 The main face of the building directly addresses the street.

Alternative Solution/s Assessment SO5 Walls up to 80 metres in length are proposed with some walls not providing significant

recesses or projections to reduce bulk. The main face of the building does not address the street, rather car parking is located at the Burpengary Road frontage. The proposal provides traditional design elements and will provide a renewed character to the existing convenience centre. The Specific Outcome is not achieved.

SO11 Limited, small scale local shopping facilities are established at accessible locations only where the use clearly satisfies a demonstrated community need.

S11.1 At least 75% of the target population catchment is located within 500.0 metres of the Shop. S11.2 The Shop has a maximum gross floor area of 250m2. S11.3 The Shop is located on a corner site that has at least one boundary abutting a residential collector or higher order road.

Alternative Solution/s Assessment SO11 The applicant proposes an alternative solution as the development will target a

population catchment in excess of 500.0 metres and with a gross floor area of 3000m2, the shopping centre is in excess of the Probable Solution of 250m2. The development is not located on a corner site but abuts a sub-arterial road. The proposal is not a limited small scale shopping facility, however it is located in an accessible location on an arterial road adjacent the Burpengary Railway Station. The Economic Impact Assessment (EIA) provided in support of the application sufficiently demonstrates the community need for the proposed centre. Council’s expert provided a peer review of the EIA that confirms the scale of the supermarket proposed, reduced to 1,200m2 from 1,700m2, aims to meet immediate convenience needs of the community while not detracting from the role and function of full line supermarkets and retail facilities located within the Burpengary District Centre. In addition to trading levels, the concept of need can relate to an improvement in the wellbeing of the community. The development of the convenience shopping centre located across from a train station would improve choice, convenience and competition within the local area and, consequently, a need has been established. The Specific Outcome is achieved.

2.4.4 Non Standard Conditions The recommendations of this report include a range of non-standard conditions. These conditions have been formulated to ensure the:

• mix of proposed uses is maintained at a scale that will not significantly impact on the role of the retail centres hierarchy (Condition 3);

• development will not result in adverse impacts on adjoining uses (Conditions 9, 10 and 11); • basement area has security systems for surveillance in accordance with the principles of

Crime Prevention Through Environment Design (CPTED) (Condition 15).

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• access intersections are safe and service vehicle manoeuvres can be accommodated (Conditions 29 and 33).

2.5 Other Relevant Assessment

2.5.1 Infrastructure Charges In accordance with Council’s Adopted Infrastructure Charges Resolution (minute page 11/1229) on 28 June 2011, taking effect 1 July 2011, Adopted Infrastructure Charges are applicable to this development application. 2.5.2 Trunk Infrastructure Land Dedication

The site is affected by trunk infrastructure land dedication requirements. The site is identified as containing Council Trunk Road Projects and Future Paths (CPIPRD0009). The applicant has provided for the proposed widening of Burpengary Road on proposal plans. Council’s Engineering Construction Maintenance Department have confirmed that they are actively acquiring the trunk land along this corridor. To ensure there are no timing issues associated with Council programmed work and this proposal, Development Engineering has included a condition in the recommendation of this report requiring the dedication of land for road purposes in Burpengary Road as identified in the Adopted Infrastructure Charges Resolution. The total area required is approximately 520m2 (refer Council Dwgs 10/097-011 A and 10/097-012). Based on Council’s Land Valuation Methodology (Residential) the value of this land is $39,000.00 (520m2 x $75/m2) and will be included as an offset in the Adopted Infrastructure Charges Notice.

2.5.3 Planning Scheme Policies An Economic Impact Assessment, Transport Impact Assessment and Noise Assessment Report have been provided in accordance with Planning Scheme Policies and 7 and 15 and 21. It is a recommendation of this report conditions limiting the gross floor area and mix of uses, noise requirements and landscaping be included to ensure the requirements of relevant Planning Scheme Policies are met.

2.6 Referrals

2.6.1 Concurrence Agencies The application was referred to the Department of State Development, Infrastructure and Planning (in consultation with the Department of Transport and Main Roads). Council was advised on 26 May 2014 that the Department has no objection to the proposal subject to one condition requiring the development be carried out in accordance with the proposal plans. The Department’s decision will be attached to Council’s decision notice.

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

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2.6.4 Internal Referral

2.6.4.1 Development Engineering Earthworks A considerable amount of fill will be required on the site to achieve the proposed finished surface levels. Depth of the fill across the middle of the site in front of the main building will be approximately 3.3 metres and approximately 1.5 metres at the rear. Development Engineering is satisfied with the fill proposed on the site. A recommendation of this report includes a condition requiring the provision of a Construction Management Plan in order to address any impacts that the construction activities may have. Layout The proposal plan is generally acceptable, subject to minor amendments as identified below. Traffic and Transport The Caboolture Shire Plan Traffic, Access and Parking Code Specific Outcome SO1 states:

“The type and number of accesses between the site and the street: (a) Minimises conflict between pedestrians/cyclists and vehicles; (b) Minimises impacts to the efficiency and safety of the through road”.

The acceptable Solution identifies that:

“Access to Collector, Sub-Arterial and Arterial Roads as identified on Maps CO12(a), EO10 and WO11(a) is to be an intersection. The intersection is to be designed in accordance with Planning Scheme Policy 4 Design and Development Manual”.

A recommendation of this report includes a condition requiring each access be designed and constructed as intersections in accordance with Council’s design standards, including the provision of an Intersection Report to confirm the orientation of the intersection, and how it integrates with the existing road system. There has been no detail provided regarding the location of the access to Burpengary Road and how it relates to the existing turning lanes for the railway station access.

Site Access and Parking The recommendations of this report include a condition relocating the disabled spaces to provide an additional space close to the proposed Medical Centre. There is poor provision for pedestrian circulation within the main car park, particularly for the area north of the main access route. The recommendations of this report include a condition requiring the provision of delineated walking routes within the carpark and pedestrian access from Henderson Road through the basement carpark area. Swept path analysis was not provided with the amended proposal plans. Development Engineering are however satisfied that manoeuvres can be accommodated on site with minor amendments to the driveway layout. The recommendations of this report include a condition requiring a Swept Path analysis to indicate satisfactory operation of the revised servicing arrangements. The recommendations of this report include a condition requiring amended layout plans be provided to address the above issues

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Stormwater Management and Drainage Discharge A detailed hydraulic analysis using appropriate industry methods and software is required to determine the final detention device characteristics for all events up to and including the 1% AEP event. The analysis is also to demonstrate that the existing 375mm dia pipe at the kindergarten is not hydraulic compromised. The developer also needs to establish a lawful point of discharge. This may include downstream owner consent, or other mechanisms as identified in QUDM and PSP4.

Services Alterations and Relocations The cost of any service alteration or relocation as a result of the proposed development will be at the developer’s expense. 2.6.4.2 Environmental Health Acoustic The applicant was advised at the Prelodgement Meeting a noise report would be required to accompany any application. The application was not supported with a noise report and a report was again requested in Council’s Information Request. The acoustic report, prepared by MWA Environmental and dated 1 October 2014, provided in response to Council’s Information Request does not demonstrate potential noise impacts are within satisfactory limits. The report addressed plant and equipment noise (e.g. air-conditioning and refrigeration units) and service noise (e.g. goods delivery vehicles and loading noise; and customer car parking activity noise). The report recommended the regulation of delivery and service vehicles to visit the site outside of night-time hours in order to achieve satisfactory noise levels. The noise report did not consider the possible noise impacts from the 600m2 24hr gym, the possible 24hr veterinary establishment or the restaurant. Noise from these uses is likely to have negative impacts on adjoining sensitive uses. The report recommended acoustic fences up to 3.0 metres high to ameliorate noise impacts of the development on adjoining sensitive uses. The 3.0 metre fence is proposed to be constructed on both the western and southern boundaries of the existing dwelling at 14 Henderson Road to achieve the required noise levels. A 1.8 metre acoustic fence is proposed along the eastern boundary to the kindergarten use and along part of the southern boundary to the existing dwelling house. As a number of the potential impacts have not been considered and amendments to the layout of the development supersede the noise report, the recommendations of this report include a condition to provide an amended acoustic report to ensure recommendations of the report remain correct and all potential noise sources have been considered. Further acoustic fencing is proposed to be setback from the northern boundary to allow the provision of landscaping to the adjoining residential development. Waste Management A waste management program has been provided and is acceptable for the proposed use. The recommendations of this report include a condition to ensure waste management issues for this development comply with the waste management program and Council’s General Waste and Recyclable Waste Storage and Collection for Residential and Commercial Developments Policy (Policy No: 12-2150-041) and Technical Guideline. Lighting The recommendations of this report include a condition to ensure suitable lighting is installed.

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Food Premises The development may incorporate a licensable food business under the Food Act 2006. The recommendations of this report include an advice clause in relation to the requirements for a Food Business Licence. 2.6.4.3 Unitywater Reticulated water supply and sewerage are available to the site and the development will need to connect to these services. The developer will be required to relocate the existing Ø150mm diameter water main along the Burpengary Road frontage of the site onto Unitywater’s standard alignment in relation to the new property boundary as a result of any road resumption along Burpengary Road. The developer will also be required to relocate the existing Ø150mm sewer main traversing the site clear of any proposed structures to ensure compliance with Unitywater’s requirements. Easements will be required to be provided in accordance with the “SEQ Water Supply and Sewerage Design & Construction Code“. The recommendations of this report include a condition in relation to the requirement for the provision of “Permit to Enter and Construct” letters from all property owners, upon which sewerage infrastructure is to be constructed. 2.6.4.4 Environmental Planning

Landscaping The proposal can satisfy the landscape provisions of the Planning Scheme. The recommendations of this report include a condition requiring detailed landscape plans be provided including suitable screening and softening of the built form to protect the amenity of the adjoining residential uses and open space. Bushfire Hazard As a result of changes to the layout to address submissions and following a meeting between Council and the applicant to discuss matters of concern, bushfire will pose a greater hazard on the retail building and Medical Centre proposed at the southern part of the site that was previously proposed as car parking. The recommendations of this report include a condition requiring a Bushfire Management plan to ensure management measures are in place.

2.6.4.5 External Specialist Report Review

Economic Impact Assessment The applicant provided an Economic Impact Assessment (EIA) by Location IQ in support of the application. Council commissioned Economic Associates to provide an expert peer review of the EIA. The report had a number of deficiencies that were raised in Council’s Information Request. The applicant scaled back the centre in response to the Information Request and further as a result of submissions and discussions with Council Officers. The revised concept (excluding the Storage Facility that has been unchanged at 1800m2) includes a downscaling as follows:

Original proposal

Revised proposal

Supermarket 1700m2 1200m2 Specialty retail 1800m2 650m2 Gym 350m2 600m2 Medical centre 350m2 550m2 Total GFA 42002 3000m2

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The peer review states the latest revision of the development concept represents a level of development that is more consistent with a lower order convenience based centre that supports a nearby District Centre. The scale of the supermarket proposed, reduced to 1,200m2 from 1,700m2, is likely to meet immediate convenience needs while not detracting from the role and function of full line supermarkets located within the Burpengary District Centre. Analysis of market share indicates it is unlikely the proposed supermarket would have unacceptably high impacts on any existing retail anchors within the Burpengary and Narangba Centres. The revised quantum of retail specialities is line with what is typically found in convenience based centres, and is not of sufficient scale to pose material impacts on specialty vacancies within the Burpengary District Centre. In summary, Economic Associates is satisfied the scale and composition of the latest revised development concept represents a more fit-for-purpose convenience centre than originally proposed. The revised scale and composition mitigates the risk of impacts on the centre hierarchy and the viability of existing and proposed centres. Economic Associates recommend any approval include a condition that of the 1,200m2 of specialty tenancies, no more than 800m2 of that floor space is occupied by shops. This allows for up to 150m2 of the medical centre component to be a pharmacy. A recommendation of this report is to include a condition limiting the specialty tenancies accordingly.

2.7 Public Consultation

2.7.1 Public Notification Requirements under the Sustainable Planning Act 2009

Public notification was correctly undertaken in accordance with the Sustainable Planning Act 2009.

2.7.2 Submissions Received

There were 9 Properly Made Submissions including one Petition with 160 names and 1 Not Properly Made Submission received in respect to this application. The matters raised within these submissions are outlined below:

Assessment of Submissions Issue Discussion Inconsistent with Desired Environmental Outcomes in Regard to Centres

The Desired Environmental Outcomes of the Caboolture ShirePlan are discussed at 2.4 above. The proposal has demonstrated the development will not have significant detrimental effect on the centres hierarchy and the role, performance and function of other centres within the hierarchy. The proposal accords with the Desired Environmental Outcomes of the Caboolture ShirePlan. This is not sufficient grounds for refusal of the application.

Failure to demonstrate sufficient economic need beyond the existing centres hierarchy

Council’s independent retail economics expert, Economic Associates, has provided a peer review of the Economic Impact Assessment (EIA) report. Economic Associates is satisfied the scale and composition of the latest revised development concept represents a more fit-for-purpose convenience centre than originally proposed. The revised scale and composition mitigates the risk of impacts on the centre hierarchy and the viability of existing and proposed centres. This is not sufficient grounds for refusal of the application.

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Inconsistent with the Overall and Specific Outcomes for the Residential B Zone Code Underutilisation of Residential B land

As discussed at Section 2.4 above, the development does not achieve Overall Outcome (i) within the Planning Area Code (Residential B zone). However, sufficient grounds exist to justify the decision despite conflict with the Planning Scheme. Whilst it is agreed the current zoning could house many families, the future planned densities in the area will require access to convenience goods and services in addition to transport and schools. The proposed development will satisfy that need. This is not sufficient grounds for refusal of the application.

Inconsistent with the Overall and Specific Outcomes for the Local Centre Zone Code

As discussed at Section 2.4.2 above, sufficient grounds exist to justify the decision despite the conflict with Specific Outcome SO2 of the Planning Area Code (Local Centre zone). This is not sufficient grounds for refusal of the application.

Draft Moreton Bay Regional Council Planning Scheme

Whilst the proposal is inconsistent with some of the outcomes sought in the Draft MBRC Planning Scheme and Council may have regard to the provisions of the scheme in its assessment. The application is to be assessed against the provisions of the current Caboolture ShirePlan. This is not sufficient grounds for refusal of the application.

Residential Amenity

As a result of submissions and Assessment Manager concerns, the applicant has amended the proposal to address a number of the amenity issues raised. High windows are now proposed to the gym to prevent overlooking of existing residential uses. The noise report provided as part of the information response is not satisfactory as a number of the potential impacts have not been considered. Amendments to the layout of the development supersede the noise report. As such, in addition to the above issues, the recommendations of this report include a condition to provide an amended acoustic report to ensure recommendations of the report remain correct and all potential noise sources have been considered. The report will be required to provide possible alternatives to the 3.0 metre acoustic fence to the northern boundary as the height of the fence may impact sunlight and breezes. The submissions also raised the noise impacts of wheels screeching in the basement car park. Whilst the acoustic fence will ameliorate some of those noise impacts, the recommendations of this report include a condition requiring closure of the Henderson Road access and the basement car park between the hours of 10pm and 7am. Exhaust, Construction noise and pollution - the recommendations of this report include a condition requiring a construction management plan to ensure construction impacts are minimised. The emission of exhaust pollution is not within Council’s jurisdiction. The Environmental Protection Act (1994) regulates construction hours, noise and pollution matters. Disruption to local services – It is unlikely there will be significant disruption to local services as a result of the construction of any development. This is not sufficient grounds for refusal of the application.

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Health deterioration

Whilst Council regrets the health deterioration of the adjoining owners and will be mindful to protect the amenity of adjoining sensitive uses to ensure negative impacts are minimised, the matter of health deterioration is not a valid town planning ground. This is not sufficient grounds for refusal of the application.

Henderson Road has a 5.0 tonne gross limit for local access only

Council’s traffic engineer has confirmed the 5.0 tonne gross limit signs are for amenity reasons and that the road is constructed to an appropriate standard for heavy vehicles. If the application is approved it would only be that section of Henderson Road from Burpengary Road to the development access that would have the weight restriction lifted. This is not sufficient grounds for refusal of the application.

Risks to children, community if Heavy Rigid and Articulated Vehicles utilise Henderson Road (local road with 50km hr speed limit)

Should the application be approved it is only a section of Henderson Road from Burpengary Road to the development access that would have the weight restriction lifted. Further any access will have to comply with Council standards regarding pedestrian safety. This is not sufficient grounds for refusal of the application.

Lack of transparency, re developer’s intention for their land adjoining development Intention for a pub on the land Potential for licensed premises and associated security and policing concerns

Council can only assess the development application submitted by the applicant and cannot request the applicant to include additional land into an application. The entertainment venue noted by the submitter relates to the gym use which is defined as Entertainment and Recreation (Indoors), in accordance with the Caboolture Planning Scheme. The applicant has made no application for a hotel and should such a use be proposed, a further application would be required for a Material Change of Use. The recommendations of this report include a condition that the Entertainment and Recreation (indoors) use be limited to a gym. This is not sufficient grounds for refusal of the application.

Property prices The matter of property value is not a valid town planning ground. This is not sufficient grounds for refusal of the application.

Noise testing An acoustic report has been prepared by a qualified acoustic consultant who has used Australian Standard AS 1055.1-1997 Acoustics – Description and measurement of environmental noise, Part 1: General procedures which is the recognised methodology for conducting noise studies. Consideration is given to extraneous noises and other impacts when measuring background noise to ensure the scientific validity of the work. This is not sufficient grounds for refusal of the application.

Height The development has a maximum height of 10.8 metres, less than the maximum height of 15.0 metres provided for in the Planning Scheme for the Residential B zone for that location. Amendments to the proposal following submissions provide a design that ensures no overlooking of residential uses. In addition, the recommendations of this report include conditions to ensure residential amenity is

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maintained. Whilst the proposed height is not in keeping with the existing character of the locality, the Planning Scheme seeks increased building heights in the future to enable higher densities to be achieved in the area. As such, the development is consistent with this requirement.

This is not sufficient grounds for refusal of the application.

Traffic The Traffic Impact Assessment Report submitted with the application has demonstrated sufficient capacity within the existing road network to accommodate the proposed development. This is not sufficient grounds for refusal of the application.

Access road from Henderson Road

The access ramp at the southern end of the shopping centre from the car park to the basement is for pedestrian / disabled access. The only vehicle access proposed to the basement is that from the Henderson Road access/service road. This is not sufficient grounds for refusal of the application.

Access and service road

The Traffic Impact Assessment Report submitted with the application has demonstrated sufficient capacity with the existing road network to accommodate the proposed development. This is not sufficient grounds for refusal of the application.

Excessive car parking

As a result of the reduction in gross floor area as a result of submissions and discussions between Council and the applicant, the car parking numbers are slightly more than the parking rate requirements outlined in the current Planning Scheme for a development of this size. The plans include 277 car parking spaces, the planning scheme requirements total 248 for the combines uses. The recommendations of this report include conditions only requiring a total of 248 car parks in accordance with the Planning Scheme requirements. In addition, approximately twelve (12) of car parks will be lost due to a recommendation of this report to amend plans to provide an additional pedestrian link from the supermarket to the main car park and Burpengary Road. The comment in relation to inefficient use Residential B zoned land is discussed above. This is not sufficient grounds for refusal of the application.

Inadequate consultation

The application was publically notified correctly in accordance with the requirements of the Sustainable Planning Act 2009. Should additional information be required, the community is able to contact Council or view the development application on PD Online. Whilst discussion with neighbours in relation to proposed developments is advised on Council’s website, it is not a requirement under the Act. This is not sufficient grounds for refusal of the application.

Earthworks/fill Depth of the fill across the middle of the site in front of the main building will be approximately 3.3 metres and approximately 1. 5 metres at the rear. The recommendations of this report include a condition requiring compliance with Council’s environmental standards for construction management.

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This is not sufficient grounds for refusal of the application.

Demolition Demolition or removal of an approved structure requires a building approval and plumbing approval and will be required to comply with the relevant legislation. These are not relevant town planning matters. This is not sufficient grounds for refusal of the application.

2.7.3 Notice of Compliance The Notice of Compliance was received by Council on 7 November 2014. The Notice of Compliance identifies that public notification requirements for the application were correctly undertaken in accordance with the Sustainable Planning Act 2009 requirements. The changes to the proposal following submissions and Council’s Information Request were considered to be a minor change in accordance with section 350 of the Sustainable Planning Act 2009. As such the application was not required to undergo the Notification stage again.

3. Strategic Implications 3.1 Legislative/Legal Implications

The applicant (and Properly Made submitters) have appeal rights in accordance with the Sustainable Planning Act 2009.

3.2 Corporate Plan / Operational Plan

Strengthening Communities: Development assessment - assessment of development applications and provision of development advice.

3.3 Policy Implications The proposal is generally consistent with the higher order outcomes of the Caboolture planning provisions and relevant Caboolture policies.

3.4 Risk Management Implications

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

3.5 Delegated Authority Implications

Not applicable. 3.6 Financial Implications

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

b) Permit conditions require infrastructure contributions to Council.

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

3.8 Environmental Implications

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

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3.9 Social Implications

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

3.10 Consultation / Communication Refer to clause 2.7.

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3 CORPORATE SERVICES SESSION (Cr Bob Millar) ITEM 3.1 MONTHLY REPORTING PACKAGE - JANUARY 2015 - REGIONAL Meeting / Session: 3 CORPORATE SERVICES Reference: A10565949 : 11 February 2015 - Refer Supporting Information A10565955 Responsible Officer: DW, Coordinator Account Services (CEO Accounting Services) Executive Summary The financial reporting package has been completed as at 31 January 2015. COMMITTEE RECOMMENDATION

Moved by Cr Koliana Winchester Seconded by Cr Mick Gillam CARRIED 13/0 That the Financial Reporting Package for the year to date period ending 31 January 2015 be received.

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OFFICER’S RECOMMENDATION That the Financial Reporting Package for the year to date period ending 31 January 2015 be received. REPORT DETAIL 1. Background The Financial Reporting Package for the month ending 31 January 2015 is contained within the supporting information to this report. This package contains a number of financial statements with relevant commentary to provide a breakdown of key financial data and includes. Financial Statements

o Statement of Comprehensive Income shows all income and expenditure as at the end of the January period.

o The Statement of Financial Position highlights Council’s position at the end of January and itemises assets, liabilities and community equity.

o Statement of Cash Flows which represents the cash inflows and outflows during the quarter. One Page Statement by Fund

o A one page statement that shows the financial performance (including budget), capital expenditure and source of capital funds for the Council, General Fund and Waste Fund year to date.

Treasury Report The Treasury Report highlights key areas of performance and compliance relating to Council’s investments, borrowings and reserves 2. Explanation of Item The financial results for the month of January are complete. A commentary is provided on significant matters that occurred during the month. 3. Strategic Implications 3.1 Legislative/Legal Implications

Part 9, section 204 of the Local Government Regulation 2012, (regulation) states the following: (1) The local government must prepare a financial report. (2) The chief executive officer must present the financial report—

(a) if the local government meets less frequently than monthly—at each meeting of the

local government; or (b) otherwise—at a meeting of the local government once a month.

(3) The financial report must state the progress that has been made in relation to the local government’s budget for the period of the financial year up to a day as near as practicable to the end of the month before the meeting is held.

3.2 Corporate Plan / Operational Plan Enabling Services: Financial services - accounting and financial operations, corporate policy and performance activities.

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3.3 Policy Implications Compliance to the Council’s Investment Policy is confirmed for the month of January.

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

3.5 Delegated Authority Implications Nil.

3.6 Financial Implications As at the end of January 2015 Council’s operating surplus is $66.82 million and the capital expenditure incurred to date is $70.55 million.

3.7 Economic Benefit Nil.

3.8 Environmental Implications

Nil. 3.9 Social Implications

Nil.

3.10 Consultation / Communication CEO, Manager Financial and Project Services, Accounting Services Manager.

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4 ASSET CONSTRUCTION & MAINTENANCE SESSION (Cr Peter Flannery) ITEM 4.1 MORETON BAY RAIL LINK PROJECT- ROAD NAMING - REGIONAL Meeting / Session: 4 ASSET CONSTRUCTION & MAINTENANCE Reference: A10096499: 7 November 2014 - Refer Supporting Information A10096497 Responsible Officer: KW, Technical Support Officer, Transport and Behaviour Change (ECM

Integrated Transport Planning & Design) Executive Summary The Moreton Bay Rail Link (MBRL) project involves the construction of six new rail stations at Kallangur, Murrumba Downs, Mango Hill, Mango Hill East, Rothwell and Kippa-Ring. Community access to the new rail stations is to be facilitated by a number of new roads extending from the existing road network. These new roads are to be appropriately named to provide clarity of the road network. Council lodged a public notification in the Redcliffe and Bayside Herald and the Pine Rivers Press on 17 and 18 September 2014 respectively, for the proposed naming of new roads associated with the MBRL project and provided the community with a 28 day period to comment on the proposed names. Council’s local historian was consulted in regards to the road naming / renaming requirements associated with the MBRL project and shortlisted three suitable names in accordance with Council’s Road Naming / Renaming Policy for each street. The responsible Council officer notified the Divisional Councillors of the shortlisted names and advised on a preferred name, based on the names of pre-existing streets within the region (to avoid duplication). COMMITTEE RECOMMENDATION

Moved by Cr Julie Greer Seconded by Cr James Houghton CARRIED 13/0 1. That Council adopts the following names for the new roads / road extensions associated

with the Moreton Bay Rail Link Project, following community consultation: 1. Mango Hill Rail Station – Meyers Circuit 2. Mango Hill East Rail Station – Glendalough Court 3. Rothwell Rail Station – Warbrick Way 4. Kippa-Ring Rail Station – Hindmarsh Street 5. Kallangur Rail Station – Gallipoli Way and Duffield Road (2 new roads)

Amendment Recommendation 1.5 – NOM/33 General Meeting 9 June 2015 (MP. 15/893) 5a. the naming of the new road between Goodfellows Road and Dohles Rocks Road, Kallangur

be “Gallipoli Way” (in lieu of “Duffield Road” as previously adopted). 5b. the naming of the service road to the Kallangur Station be “Stoker Way” (in lieu of “Gallipoli

Way” as previously adopted).”

6. Gynther Road (south of Anzac Avenue) as Stubbins Street (existing road renamed) 2. That the naming of the new road/road extensions associated with the Murrumba Downs Rail

Station be referred to a future Coordination Committee Meeting.

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OFFICER’S RECOMMENDATION That Council adopts the following names for the new roads / road extensions associated with the Moreton Bay Rail Link Project, following community consultation:

1. Mango Hill Rail Station – Meyers Circuit 2. Mango Hill East Rail Station – Glendalough Court 3. Rothwell Rail Station – Warbrick Way 4. Kippa-Ring Rail Station – Hindmarsh Street 5. Murrumba Downs Rail Station – Onyx Drive 6. Kallangur Rail Station – Gallipoli Way and Duffield Road (2 new roads) 7. Gynther Road (south of Anzac Avenue) as Stubbins Street (existing road renamed)

REPORT DETAIL 1. Background The construction of the MBRL project is currently underway, with expected completion in mid-to-late 2016. The new infrastructure includes six new rail stations located at Kallangur, Murrumba Downs, Mango Hill, Mango Hill East, Rothwell and Kippa-Ring. To facilitate community access to the new rail stations, a number of new local access roads are required to be constructed. The new roads will be gazetted roads, owned and maintained by Council. The new roads are shown in the supporting information appended to this Council report. 2. Explanation of Item The following names are proposed for the new roads which will be constructed as part of the MBRL project. 2.1 New road - Mango Hill Rail Station – Division 4 The new local access road extending between Mango Hill Boulevard and Halpine Drive, Mango Hill is proposed to be named “Meyers Circuit”.

2.1.1 Outcome of Community Consultation To date, no adverse feedback has been received regarding naming the new local access road as “Meyers Circuit” which will facilitate community access to the new Mango Hill Rail Station. Council officers have investigated the matter further with the local historian and received the following information regarding the proposed name: • During the 1940s, small crop and pineapple farms were successfully established to the south

of North Lakes in what are now the Mango Hill and Murrumba Downs localities. • Prominent amongst these was the Halpine Plantation established by Norman Edward Meyers,

the proprietor of Mynor Cordials based in Sydney. • Meyers purchased around 150 acres of land in November 1943 and some additional adjoining

land parcels, around 30 acres, in 1947. • Local families retain fond memories of Meyers because he regularly visited the plantation and

always had cordials and lollies to give away to the families and children of the district. • Although pineapples were the primary product, Halpine also had a piggery and Meyers

imported a new strain of pig which produced a larger quantity of bacon than the existing varieties then available in Australia.

The proposed name “Meyers Circuit” is considered acceptable and has the support of the Divisional Councillor.

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2.2 New road - Mango Hill East Rail Station – Division 4 The new local access road extending off St Benedicts Close, Mango Hill East is proposed to be named “Glendalough Court”.

2.2.1 Outcome of Community Consultation To date, no adverse feedback has been received regarding naming the new local access road which will service the new Mango Hill East Rail Station as “Glendalough Court”. Council officers have investigated the matter further with the local historian and received the following information regarding the proposed name: • The Kinsella brothers (James Joseph, Daniel Augustus and William George) commenced

acquiring land for their dairy farm in the Kinsellas Road East area from 1930 onwards. • In 1940, the brothers purchased a further 53 acres of land to their already extensive property

known as ‘Glendalough’. The proposed name “Glendalough Court” is considered acceptable and has the support of the Divisional Councillor. 2.3 New road - Rothwell Rail Station – Division 5 The new local access road, extending from Anzac Avenue (behind Finnegan Street), intersecting McKillop Street is proposed to be named “Warbrick Way”.

2.3.1 Outcome of Community Consultation Feedback was received from a small number of residents who highlighted concerns with Council’s proposed name of “Kislingbury Parkway” in regards to spelling and pronunciation. A number of suggestions were put forward as a result of community consultation. An alternative name suggested by a resident was “Warbrick Way”. Council officers have investigated the matter further with the local historian and received the following information regarding the proposed name: • Fred and Florence Warbrick settled at Woody Point towards the end of the 19th century. • They lived first at Edgewater and later at Cambridge boarding house with their children and

Fred’s sister Ella. • In 1903 Ella was involved in the rescue of a boy from drowning and was awarded a medal for

bravery. • After Fred’s death in 1904, Florence managed the boarding house for many years. • Florence was also active in community affairs such as school committees and the Woody Point

Progress Association. The proposed name “Warbrick Way” is considered acceptable and has the support of the Divisional Councillor. Note that this proposed name has not been re-consulted with the public. 2.4 Existing road - renaming of Gynther Road – Division 5 Council Officers received a request from the Divisional Councillor to rename the segment of Gynther Road to the south of Anzac Avenue, Rothwell as “Stubbins Street”.

2.4.1 Outcome of Community Consultation A number of suggestions were put forward as a result of community consultation. To date, no adverse feedback has been received regarding re-naming Gynther Road, to the south of Anzac Avenue, as “Stubbins Street”. Council officers have investigated the matter further with the local historian and received the following information regarding the proposed name: • William Stubbins with his wife Harriet Pikett arrived in Queensland on the Indus in July 1870. • They took up land at Humpybong in an area then known as Perkin’s paddocks, a large area

stretching from Anzac Avenue to Hays Inlet.

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• Pioneers of the district, the Stubbins were well known as always willing to lend a helping hand to their neighbours.

• William is buried in the Redcliffe Cemetery and the railway will run through land that William farmed.

The proposed name “Stubbins Street” is considered acceptable and has the support of the Divisional Councillor. 2.5 New road - Kippa-Ring Rail Station - Division 6 The new local access road extending between Hercules Road and Anzac Avenue, Kippa-Ring is proposed to be named “Hindmarsh Street”.

2.5.1 Outcome of Community Consultation To date, no adverse feedback has been received regarding the naming of the new access road to the Kippa-Ring Rail Station as “Hindmarsh Street”. Council officers have investigated the matter further with the local historian and received the following information regarding the proposed name: • John Hindmarsh Dodds was the original land owner where the Kippa-Ring Rail Station will be

located. The proposed name “Hindmarsh Street” is considered acceptable and has the support of the Divisional Councillor. 2.6 New road - Murrumba Downs Rail Station - Division 7 The new local access road extending between Cecily Street and Brays Road, Kallangur is proposed to be named “Onyx Drive”.

2.6.1 Outcome of Community Consultation Council proposed to rename the northern segment of Cecily Street adjacent to Anzac Avenue (properties 83-99 Cecily Street) to overcome navigational difficulties created by the location of the new station access road which appears to be an extension of Cecily Street. Feedback was received from all but one resident who reside on the affected segment of Cecily Street, with respondents unanimous in strongly opposing the proposed renaming of a segment of Cecily Street. Residents did not object to the name “Onyx Drive” for the new access road to the Murrumba Downs Rail Station. Council received verbal feedback from a resident who voiced concern that Council was naming the new road after a property investment firm ‘Onyx’ who are based in Victoria and are claimed to own large amounts of land in the Moreton Bay Region. Council officers have investigated the matter further with the local historian and received the following information regarding the proposed name: • Onyx was shortlisted as a suitable name as it maintained the existing geological street naming

convention of the area and was not already designated as a road name within the Moreton Bay Region.

Based on the outcome of community consultation, this report recommends that Council name the new road extending from Cecily Street to Brays Road as “Onyx Drive” and that Cecily Street not be renamed. The proposed name “Onyx Drive” is considered acceptable. The Divisional Councillor was consulted.

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2.7 New roads - Kallangur Rail Station – Division 7 The new local access road extending between Goodfellows Road and Dohles Rocks Road, Kallangur is proposed to be named “Duffield Road”. The new local access road extending off the proposed “Duffield Road” extension which will service the new railway station is proposed to be named “Gallipoli Way”.

2.7.1 Outcome of Community Consultation To date, no adverse feedback has been received regarding the new access roads facilitating access to the Kallangur Rail Station. Duffield Road is considered acceptable as the alignment of the new road is a physical extension of the existing Duffield Road. Gallipoli Way is considered acceptable and will commemorate the 100th year of the ANZAC landings at Gallipoli.

The proposed name “Gallipoli Way” is considered acceptable and has the support of the Divisional Councillor. 3. Strategic Implications 3.1 Legislative/Legal Implications

In accordance with the provisions of Chapter 3, Part 3, Section 60 of the Local Government Act 2009, a local government has control of all roads in its local government area including the naming and numbering of roads.

3.2 Corporate Plan / Operational Plan Enabling Services: Infrastructure delivery - construction of council infrastructure.

3.3 Policy Implications Policy No. 11-2150-038- Allocation of Road Names and Street Address Numbers and Policy No. 11-2160-009 Road Naming and Street Numbering Processes relates to this matter.

3.4 Risk Management Implications There will be reduced risk of possible delays to locate the right destination by Emergency Services, and an improved clarity of the road network to the general community.

3.5 Delegated Authority Implications Not applicable.

3.6 Financial Implications The costs relating to the installation of new street name signs for the new roads associated with servicing the MBRL should be absorbed by the MBRL project.

3.7 Economic Benefit A logical road network and road naming with clear signage assures minimum travel time and distance to locate a place of interest with greatest convenience and lowest economic impact.

3.8 Environmental Implications

No special environmental implications have been identified. 3.9 Social Implications

There will be better service to the community and less delay in emergency services locating the correct destination.

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3.10 Consultation / Communication The owners/occupiers of the properties fronting the segment of Cecily Street, Kallangur which was affected by the proposed renaming of a segment of Cecily Street have been consulted. The Divisional Councillors have been advised of the proposed street names. In accordance with the Council policy, the proposals were advertised in local newspapers for a 28 day period during which public submissions were invited.

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ITEM 4.2 LOCAL DISASTER MANAGEMENT GROUP MINUTES 12 DECEMBER 2014 - REGIONAL Meeting / Session: 4 ASSET CONSTRUCTION & MAINTENANCE Reference: A10353585 : 10 February 2015 - Refer Supporting Information A10250109 Responsible Officer: CSP, Coordinator Disaster Management (ECM Directorate) Executive Summary The Moreton Bay Region Local Disaster Management Group (LDMG) held its regular meeting on 12 December 2014. This report is provided for the purpose of advising Council as to the meeting outcomes/action items. Minutes from the meeting are included in the supporting information for Council reference. COMMITTEE RECOMMENDATION

Moved by Cr Bob Millar Seconded by Cr Brian Battersby CARRIED 13/0 That Council note and adopt the Local Disaster Management Group meeting minutes of 12 December 2014.

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OFFICER’S RECOMMENDATION That Council note and adopt the Local Disaster Management Group meeting minutes of 12 December 2014. REPORT DETAIL 1. Background In accordance with the Disaster Management Act 2003 (Section 29), a local government is required to establish a Local Disaster Management Group. Ordinary meetings of the LDMG must be held at least every six (6) months at the times and places decided by the Chairperson of the group. Extraordinary meetings of the LDMG will be held as required. 2. Explanation of Item This report is provided for the purpose of advising Council as to the meeting outcomes/action items. A copy of the meeting minutes is provided in the supporting information to this report. 3. Strategic Implications 3.1 Legislative/Legal Implications

It is a requirement under the Disaster Management Act 2003 (Section 43) that a disaster management group hold meetings and that these meetings are minuted. The LDMG structure, membership and terms of reference continue to be confirmed. Council’s disaster management unit is currently facilitating a review of the Moreton Bay Region Local Disaster Management Plan (The Plan) as required under the Disaster Management Act 2003 (Section 59). A version update of the Plan is being developed following recent changes to the Disaster Management Act and Queensland’s disaster management arrangements.

3.2 Corporate Plan / Operational Plan Strengthening Communities: Disaster management - planning, preparation, response and recovery activities for community disaster events.

3.3 Policy Implications Queensland Police Service provided an update on a number of reviews conducted in 2014 at the State level – Post Tropical Cyclone Ita; State Disaster Coordination Centre (SDCC) Improvement Strategy Report; and the State Disaster Management Group (SDMG) Governance Review. As a result of these reviews, a number of changes have occurred to the structure, staffing and governance arrangements of the SDCC and the SDMG. The driving principles behind these changes are to improve situational awareness, reduce bureaucracy and provide clear lines of accountability and responsibility within the system. Whilst these changes will not have a direct bearing on the operation of the Local Disaster Management Group, it is important to understand how the changes may impact on the operation of Queensland’s disaster management arrangements.

3.4 Risk Management Implications Unitywater provided a presentation to the LDMG on the lessons identified during a recent exercise, Exercise Odyssey, a major incident management exercise held on 5 November 2014 to test their summer preparedness and as part of their incident management training and exercise program. The actions taken to address the lessons identified will have a positive impact in reducing risk levels for multi-agency responses to Unitywater critical infrastructure emergency incidents.

3.5 Delegated Authority Implications Nil

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3.6 Financial Implications Nil

3.7 Economic Benefit Nil

3.8 Environmental Implications

Nil 3.9 Social Implications

Queensland Health provided an update on their planning to respond to an Ebola outbreak in Australia. Given Australia’s conditions and standards of health care, the risk of an Ebola outbreak in the country is very low. Queensland Health will continue to monitor the situation and respond to the circumstances as required.

3.10 Consultation / Communication Regular ongoing consultation/communication takes place between all members of the LDMG and other key stakeholders.

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ITEM 4.3 SAMFORD TO FERNY GROVE CYCLE LINK PROJECT - DIVISION 11 Meeting / Session: 4 ASSET CONSTRUCTION & MAINTENANCE Reference: A10581422 : 13 February 2015 Responsible Officer: SJ, Manager Integrated Planning & design (ECM Integrated Transport Planning

& Design) Executive Summary The Department of Transport and Main Roads (TMR) has been undertaking planning for the Samford to Ferny Grove Cycle Link project which will provide improved connectivity between Samford Village and the recently upgraded Ferny Grove rail station (along the old Ferny Grove to Samford rail corridor). To align the cycle link along the historic rail corridor, TMR have proposed the resumption of one property, Lot 194 on SL5337, which contains a private residence. Alternate alignments may result in the resumption of private property, however would not require the resumption of a private dwelling. This report recommends that Council formally advise TMR that it does not support the resumption of a private residence to facilitate construction of the cycleway on the historic rail corridor. COMMITTEE RECOMMENDATION

Moved by Cr Bob Millar Seconded by Cr Brian Battersby CARRIED 13/0 1. That Council formally advise the Department of Transport and Main Roads that it does not

support the compulsory resumption of land described as Lot 194 on SL5337, containing a private dwelling, to facilitate construction of the cycle way on the historic rail corridor.

2. That the Department of Transport and Main Roads be further advised that Council supports the

proposed Samford to Ferny Grove Cycle Link project, subject to the identification of an alternate alignment in the vicinity of Lot 194 on SL5337, which does not involve the compulsory resumption of private dwellings.

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OFFICER’S RECOMMENDATION 1. That Council formally advise the Department of Transport and Main Roads that it does not support

the resumption of land described as Lot 194 on SL5337, containing a private dwelling, to facilitate construction of the cycle way on the historic rail corridor.

2. That the Department of Transport and Main Roads be further advised that Council supports the proposed Samford to Ferny Grove Cycle Link project, subject to the identification of an alternate alignment in the vicinity of Lot 194 on SL5337, which does not involve the resumption of private dwellings.

REPORT DETAIL 1. Background Council was briefed on the project at a workshop held 5 February 2015. Council was advised that The Samford ‘Cycle Way’ has been published in the Queensland Transport Roads Investment Program (QTRIP) with funding committed for the project in 2014/15 and 2015/16. The aim of the project is to connect Samford Village to Ferny Grove Rail Station via a safe and efficient cycle route. Council was also briefed on progress with the project and the matter associated with the property resumption. 2. Explanation of Item TMR are well advanced in planning for the Samford to Ferny Grove Cycle Link project. TMR are seeking to resume a property containing a private dwelling in order to have the cycleway follow the historic rail corridor. Alternate alignments and options are available for construction of the cycleway which don’t necessitate resumption of a private dwelling, but would not align with the historic corridor, in the vicinity of Lot 194 on SL5337.

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Lot 194 on SL5337 3. Strategic Implications 3.1 Legislative/Legal Implications

The resumption process has been initiated by TMR and will be conducted in accordance with appropriate legislative and departmental processes. There are no legislative or legal implications for Council.

3.2 Corporate Plan / Operational Plan Valuing Lifestyle: Roads and transport - roads and other transport infrastructure across the region.

3.3 Policy Implications No policy implications have been identified.

3.4 Risk Management Implications Alternate alignments may result in the resumption of private property, however would not require the resumption of a private dwelling.

3.5 Delegated Authority Implications Nil.

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3.6 Financial Implications The project will be largely funded by TMR with financial contributions from Council. Subject to identification of an alternate alignment, it is likely that not resuming a private dwelling will result in overall project savings.

3.7 Economic Benefit Completion of the project is likely to encourage increased cycle related tourism, providing economic benefits to the Samford shopping precinct.

3.8 Environmental Implications

Lot 194 on SL5337 has a large number of mature and semi-mature trees which are likely to be removed to facilitate construction of the cycleway. Alternate route alignments have been identified which do not require the same loss of mature trees.

3.9 Social Implications

During a recent radio interview and a presentation to the Samford Valley Progress Association, the owners of Lot 194 on SL5337 have advised that they oppose the resumption of their property. Council would be supporting the resident in this matter.

3.10 Consultation / Communication The Divisional Councillor, is fully supportive of writing to TMR in this matter and seeking to support the objections of the owners of the property in relation to the proposed resumption.

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5 PARKS, RECREATION & SPORT SESSION (Cr Gary Parsons) ITEM 5.1 TRUSTEE AGREEMENT - CONSERVATION PARKS - REGIONAL Meeting / Session: 5 PARKS, RECREATION & SPORT Reference: A8139956: 28 January 2015 Responsible Officer: DW, Technical Officer Natural Areas (ECM Operations) Executive Summary This report notes ongoing discussions with the Department of National Parks, Recreation, Sport and Racing (NPRSR) regarding the trustee agreement for conservation parks within the Moreton Bay Regional Council area, and discusses the impacts of legislative changes that result in parks being managed directly through the Act and associated regulations (abolishing the need for future trustee agreements). The report incorporates previous advice from Council recommending that MBRC continue to manage the six (6) existing conservation parks (being renamed regional parks), but that offers by NPRSR to maintain additional conservation parks/regional parks were to be declined due to an increased costs. COMMITTEE RECOMMENDATION

Moved by Cr Koliana Winchester Seconded by Cr Peter Flannery CARRIED 13/0 That Council resolves to continue to manage the six (6) conservation parks listed below in accordance with the Nature Conservation Act 1992 and Regulations including the relevant Park Management Plans:

• Beachmere Conservation Park • Buckley’s Hole Conservation Park • Byron Creek Conservation Park • Neurum Creek Conservation Park • Sheep Station Creek Conservation Park • Wararba Creek Conservation Park

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OFFICER’S RECOMMENDATION That Council resolves to continue to manage the six (6) conservation parks listed below in accordance with the Nature Conservation Act 1992 and Regulations including the relevant Park Management Plans:

• Beachmere Conservation Park • Buckley’s Hole Conservation Park • Byron Creek Conservation Park • Neurum Creek Conservation Park • Sheep Station Creek Conservation Park • Wararba Creek Conservation Park

REPORT DETAIL 1. Background Council has an expired trustee agreement for six (6) conservation parks with NPRSR, within the Moreton Bay Regional Council area. The head of power for the expired trustee agreements is the Nature Conservation Act 1992 and Regulations. During negotiations to renew the expired trustee agreements, NPRSR offered Council the opportunity to take up trusteeship of the Deception Bay Conservation Park. Progress on these negotiations was presented to Council at a Coordination Committee Meeting held on 1 June 2010. The following resolution appears on Minute Page 10/1294 of the Coordination Committee meeting of Council held 1 June 2010: 2. Explanation of Item Negotiations resumed with NPRSR, and Council was advised on 26 May 2011 of the following:

• A cash contribution to annual maintenance costs would not be made available. • Council was offered the option to take up trusteeship of Hays Inlet 1 and Hays Inlet 2

Conservation Parks in addition to the previous offer of Deception Bay Conservation Park. • NPRSR introduced a new model of a draft trustee agreement which delegated additional

operational and financial obligations to Council.

Ex Coordination Committee Meeting held 1 June 2010 (MP10/1294): RECOMMENDATION 1. That Council, in-principle, approve the renewal of existing Trusteeship Agreements and for

Council Officers to engage with Queensland Parks and Wildlife Services to develop new management agreements.

2. That Council approve officers to engage with Queensland Parks and Wildlife Services on progressing a new management agreement and Trusteeship over the Deception Bay Conservation Park.

3. That Council approve the additional sum of $15,000 to the proposed 2010/11 Conservation Park maintenance budget.

4. That Council officers be directed to engage with the Department of Environment and Resource Management to seek financial contributions for the ongoing maintenance of Conservation Parks within the region.

COMMITTEE RECOMMENDATION 1. That the Officer’s recommendations 1, 2 and 4 be adopted. 2. That the Officer’s recommendation 3 be set aside. 3. That a further report be submitted to a Coordination Committee meeting regarding the

maintenance of conservation parks under the control of Council.

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Council was further briefed on the progress of this matter on 16 August 2012, with Council directing:

• NPRSR to be advised Council is not prepared to take on the trusteeship of an additional three (3) parks.

• Council to retain trusteeship of current six (6) parks, with a new trustee agreement to be discussed and finalised with NPRSR.

NPRSR advised in January 2013, and confirmed in April 2013, that NPRSR was dispensing with the need to enter written trustee agreements with other agencies, as the Nature Conservation Act 1992 and Regulations identify trustee responsibilities to manage conservation parks. As a consequence, there is no longer a need to negotiate a trustee agreement. Council will continue to manage the six (6) conservation parks as per the existing management plans and the provisions of the Nature Conservation Act 1992 and Regulations. The Nature Conservation and Other Legislation Amendment Act (No 2) 2013 (NCOLA Act) came into effect on 28 March 2014, and made a number of amendments to the Nature Conservation Act 1992 and Regulations. One of the amendments is a name change from conservation park to regional park. Opinion was sought from Council’s Legal Services section as to any increased management responsibilities that might transfer to Council as a result of this legislative change. Legal Services’ opinion was that Council would not be forced to take on sole responsibility for management activities that were listed as joint responsibilities in the expired trustee agreement. Council will continue to manage the six (6) conservation parks for which it holds trustee responsibilities under the Nature Conservation Act 1992 and Regulations, as per the Management Plan or Statement of Management Intent for each conservation park. 3. Strategic Implications 3.1 Legislative/Legal Implications

The Nature Conservation Act 1992, its Regulations and Park Management Plans outline trustee responsibilities. There is no change in legal implications as the Act is the Head of Power for trustee responsibilities and NPRSR now considers that individual trustee agreements with local authorities are an unnecessary duplication of paperwork.

3.2 Corporate Plan / Operational Plan Continuing trusteeship of the six conservation parks aligns with the Corporate Plan objective: Valuing Lifestyle: Parks - opportunities for leisure activities through the provision of open space, parks and reserves. Conservation parks provide high value scenic amenity and recreation opportunities for residents and visitors to enjoy.

3.3 Policy Implications The Sustainability Policy (No: 12-2150-044) ensures that sustainability is embedded into Council’s day to day decision making. The following focus area of this policy is particularly relevant to the proposed agreement: • Biodiversity Protection and Environmental Enhancement – protecting and enhancing waterways

and natural areas.

3.4 Risk Management Implications Council’s Operation’s programs are delivered in line with Council’s Safety First program, its policies and procedures.

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3.5 Delegated Authority Implications Not applicable

3.6 Financial Implications The cost of maintenance of the 6 conservation parks is contained within the Operations’ budget. The 2014/15 financial year allocation is budget is $68,374, budget number 20442.

3.7 Economic Benefit Buckley’s Hole, Sheep Station Creek and other conservation parks attract high levels of visitors. Economic benefits from day trippers, tourists and local residents benefit the retail and hospitality sectors of the local economy.

3.8 Environmental Implications

Conservation parks have high biodiversity and scenic amenity values. Conserving and protecting biodiversity values meets the following target in the Corporate Plan 2012 – 2017: • A preserved and well maintained natural environment can be enjoyed by residents and visitors

as part of our unique lifestyle.

3.9 Social Implications Council engages and supports a Bushcare Volunteer Group in Buckley’s Hole Conservation Park and provides environmental education opportunities through interpretative signage. This assists Council to meet Target 15 of the Community Plan 2011 – 2021 which states: • Increase by fifty per cent the proportion of residents involved in their communities as volunteers

3.10 Consultation / Communication NPRSR, Council’s Legal Services, Economic Development and Commercial Services and Cr Peter. Flannery.

6 LIFESTYLE & AMENITY SESSION (Cr Julie Greer) No items for consideration. ATTENDANCE Mr Lindsay McLeod attended the meeting at 11.29am for discussion on item 7.1.

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7 ECONOMIC DEVELOPMENT & TOURISM SESSION (Cr Brian Battersby) ITEM 7.1 MORETON BAY RAIL PROJECT - DOHLES ROCKS ROAD CONSTRUCTION - ROAD CLOSURE - DIVISION 7 Meeting / Session: 7 ECONOMIC DEVELOPMENT & TOURISM Reference: A10560748 : 10 February 2015 - Refer Supporting Information A10560758;

A10560791 Responsible Officer: LMC, Manager Major Projects (Moreton Bay Rail link) (EDCS Major Projects -

MBRL) Executive Summary The purpose of this report is to seek formal Council endorsement for the extended temporary closure of Dohles Rocks Road between School Road and Russell Street together with sections of roadways in School Road and Goodfellows Road near Anzac Avenue and Cecily Street to enable the construction of the road infrastructure associated with the Moreton Bay Rail Project. COMMITTEE RECOMMENDATION

Moved by Cr Mick Gillam Seconded by Cr Koliana Winchester CARRIED 13/0 1. That Council endorse the temporary closure of Dohles Rocks Road between School Road and

Russell Street at Kallangur generally for the period from May 2015 to November 2015 as requested by the Department of Transport and Main Roads.

2. That Council endorse the temporary closure of a section of School Road and Goodfellows

Road (southbound from Anzac Avenue), Kallangur generally for the period from May 2015 to November 2015 as requested by the Department of Transport and Main Roads.

3. That Council endorse the temporary closure of a section of Cecily Street (south of Tuffley

Court) generally for the period of February to May 2015 as requested by the Department of Transport and Main Roads.

4. That Council endorse the temporary opening of Ferrier Street to south bound through traffic as

outlined in the submission from the Department of Transport and Main Roads for the period of the temporary closure of Dohles Rocks Road and that this closure be terminated at the completion of the works on Dohles Rocks Road.

5. That the Department of Transport and Main Roads prepare and implement an appropriate

Traffic Management plan for all works associated with the closures.

6. That the Department of Transport and Main Roads arrange for all necessary intersection and signal modifications to support the proposal.

7. That the Department of Transport and Main Roads arrange for the necessary community

engagement in advance of any closure and / or associated road network alterations and throughout the duration of the closure.

8. That the Department of Transport and Main Roads be requested to ensure the Contractor uses

their best endeavours to minimise the duration of the closures.

9. That the local Police Inspector be included in all discussions regarding the temporary road closure with the upgrading of Dohles Rocks Road.

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OFFICER’S RECOMMENDATION 3. That Council endorse the temporary closure of Dohles Rocks Road between School Road and

Russell Street at Kallangur generally for the period from May 2015 to November 2015 as requested by the Department of Transport and Main Roads.

4. That Council endorse the temporary closure of a section of School Road and Goodfellows Road (southbound from Anzac Avenue), Kallangur generally for the period from May 2015 to November 2015 as requested by the Department of Transport and Main Roads.

5. That Council endorse the temporary closure of a section of Cecily Street (south of Tuffley Court)

generally for the period of February to May 2015 as requested by the Department of Transport and Main Roads.

6. That Council endorse the temporary opening of Ferrier Street to south bound through traffic as

outlined in the submission from the Department of Transport and Main Roads for the period of the temporary closure of Dohles Rocks Road.

7. That the Department of Transport and Main Roads prepare and implement an appropriate Traffic

Management plan for all works associated with the closures.

8. That the Department of Transport and Main Roads arrange for all necessary intersection and signal modifications to support the proposal.

9. That the Department of Transport and Main Roads arrange for the necessary community

engagement in advance of any closure and / or associated road network alterations and throughout the duration of the closure.

10. That the Department of Transport and Main Roads be requested to ensure the Contractor uses their

best endeavours to minimise the duration of the closures. REPORT DETAIL 1. Background Part of the scope of Local Roads to be constructed under the Moreton Bay Rail Project is the reconstruction of 1.8km of the adjacent section of Dohles Rocks Road between School Road and Ogg Road. The eastern section (between Ogg Road and Russell Street) is currently under construction but the western section of these works (between Russell Street and School Road) has been significantly delayed due to a number of significant service alterations (including high pressure gas mains) needing to be completed prior to roadwork commencing. The gas main relocation program has been delayed due to a number of factors including supply of fittings and materials, specialist welding expertise and resourcing outside the control of the Moreton Bay Rail Project team. The potential for extended project delays and the impact on road network operations has led to the request for consideration of a temporary closure to part of Dohles Rocks Road. 2. Explanation of Item Live high pressure gas mains (200mm, 150mm and 63mm diameter) exist in locations impacted by the works. It is necessary for continuity of supply that new mains are laid and tested before cut over from the existing mains to the new mains can be undertaken. The existing mains then need to be decommissioned and removed in a safe and efficient manner.

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Currently a significant 800mm diameter water supply main runs longitudinally through the site. This main and the associated service mains also require relocation. While these works are less hazardous than the gas main relocations the process of bypassing and subsequently decommission and removing the redundant mains is nevertheless quite complex and time consuming. In addition, significant cross road drainage culverts have to be constructed both west and east of the new rail overpass. This work, combined with the gas and water main relocations would be very disruptive to any through traffic. Officers from the Department of Transport and Main Roads (DTMR) have been working with Council officers and the Contractor (Thiess) on ways to minimize the potential disruption to traffic on Dohles Rocks Road that would have resulted from carrying out the necessary service alterations and road reconstruction under traffic as originally tendered. DTMR have formally requested by letters dated 5 February 2015 and 6 February 2015 that Council endorse for the proposed closure of Dohles Rocks Road and parts of School Road and Goodfellows Road adjacent to Anzac Avenue and part of Cecily Street to facilitate the safe and timely construction of the Dohles Rocks Road upgrade and other local road works associated with the Moreton Bay Rail Project. Council officers are currently working with TMR in an effort to minimize the length of particular closures and the development of an appropriate traffic management and community engagement plans. A copy of the DTMR submission is included in the supporting information to this report. The submission documents the preferred option for a full road closure and traffic diversions around the 750m long western section of Dohles Rocks Road between School Road and Russell Street. The closure and traffic diversion would be in place for approximately six months from May 2015, subject to completion of gas main works. 3. Strategic Implications 3.1 Legislative/Legal Implications

Pursuant to Local Law 4, Council may, by resolution, temporarily close a local government controlled area to public access: (a) to carry out construction, maintenance, repair or restoration work; or (b) to protect the health and safety of a person or the security of a person’s property;

3.2 Corporate Plan / Operational Plan Valuing Lifestyle: Roads and transport - roads and other transport infrastructure across the region. Creating Opportunities: Land use and infrastructure planning - a sustainable planning and design framework to manage growth.

3.3 Policy Implications Not Applicable

3.4 Risk Management Implications The temporary closure of parts of Dohles Rocks Road, school Road, Goodfellows Road and Cecily Street will address safety during construction and ensure efficient scheduling of works in line with the Moreton Bay Rail Project construction program and reduce the potential for delays in the delivery of the project.

3.5 Delegated Authority Implications It is recommended that the Chief Executive Officer be authorised to proceed with the necessary arrangements with the Department of Transport and Main Roads for the temporary closure of Dohles Rocks Road, parts of School Road, Goodfellows Road and Cecily Street.

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3.6 Financial Implications Not Applicable

3.7 Economic Benefit The economic benefit of proceeding with temporary closures as proposed, relates more to the delivery of Moreton Bay Rail Project in a timely manner and minimizing the overall disruption to traffic on the local road network.

3.8 Environmental Implications

Not Applicable 3.9 Social Implications

In an expanding urban area, the effective planning and delivery of transport infrastructure for use by the community delivers a range of positive social outcomes. There will be some impact on the residents and businesses affected by the proposed temporary road and pathway closures which will need to be appropriately managed.

3.10 Consultation / Communication Public notification of the proposed temporary closures will be required and will be coordinated by the DTMR Communications team. Council has been briefed on the proposal at recent briefings on 13 October 2014 and 10 February 2015 with general agreement with the proposed course of action. Details of the proposed extent and duration of the temporary closures to Dohles Rocks Road, parts of School Road, Goodfellows Road and Cecily Street will be included in suitable community notifications to be distributed to the local area and form part of the community engagement for the project. Particular consideration and engagement with residents in Ferrier street and Cotterell Road, affected by the temporary removal of the road closure in Ferrier Street, will be required.

ATTENDANCE Mr Lindsay McLeod left the meeting at 11.43am after consideration of item 7.1.

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8 GENERAL BUSINESS ITEM 8.1 AUSTRALIAN RED CROSS BLOOD SERVICE - AWARDS DAY FOR CORPORATE BLOOD DONORS - REGIONAL (DD) Cr David Dwyer advised that he was invited to attend the Awards Day for the Corporate Blood Donors of Queensland where Moreton Bay Regional Council was the recipient of the following two awards:-

• Qld Corporate Blood Challenge 2014 “Highest Employee Participation 40.26%” • Qld Corporate Blood Challenge 2014 “Highest Total Donations 936 lives saved”

Cr Dwyer thanked Council for their ongoing support and promotion of the Australian Red Cross Blood Service. Cr Bob Millar endorsed Cr Dwyer’s promotion of this very worthy program. ITEM 8.2 OPENING OF SEABRAE MANOR, ROTHWELL – DIVISION 5 (JH) Cr James Houghton advised that he attended the opening of “Seabrae Manor” on behalf of the Mayor. Seabrae Manor is a new aged care facility located at Rothwell that houses 82 residents. Cr Houghton advised that the new facility has a wonderful relationship with Grace College that includes work facility and work experience programs. Cr Houghton also conveyed the appreciation of Seabrae Manor for the assistance they have received from Moreton Bay Regional Council. COMMITTEE RECOMMENDATION

Moved by Cr James Houghton Seconded by Cr Bob Millar CARRIED 13/0 That a letter of congratulation be forwarded to “Seabrae Manor” on the opening of the new aged care facility. CLOSURE There being no further business the Chairperson closed the meeting at 11.52am.


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