PLANNING AND SUSTAINABILITY COMMITTEE 3 · Agenda – Planning & Sustainability Committee 13 March 2013 - #3887347 Project aspects specifically relevant to Council include: 1. The

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Agenda – Planning & Sustainability Committee 13 March 2013 - #3887347

PLANNING AND SUSTAINABILITY COMMITTEE

13 MARCH 2013 3

MOSSMAN GORGE COMMUNITY PROJECT – CHANGES TO LAND TENURE, HOUSING AND INFRASTRUCTURE

Michelle Henderson : 8/13/1653: {3857745}

RECOMMENDATION: That Council: A. Notes the history and work undertaken to date on the Mossman Gorge

Community Project; and B. Endorses Council continuing to work in partnership with the Australian and

Queensland Governments, associated State agencies and Bamanga Bubu Ngadimunku (BBN) to assist in the transition of the former Indigenous community housing model to the State Government’s One Social Housing system and to facilitate the aspirations of Traditional Owners in accordance with the principles established in Council’s Operational Plan and Reconciliation Action Plan (RAP).

C. Delegates authority to the Chief Executive Officer under Section 257 of the

Local Government Act 2009 to finalise any and all matters in relation to the Mossman Gorge Community Project.

EXECUTIVE SUMMARY:

The purpose of the report is to confirm Council support to continue working in partnership with the Australian and Queensland Governments, associated State agencies and Bamanga Bubu Ngadimunku (BBN) to assist the Mossman Gorge Community transition to the State Government’s One Social Housing system and to facilitate the aspirations of Traditional Owners in accordance with the principles established in Council’s Operational Plan and Reconciliation Action Plan (RAP). Cairns Regional Council has been approached by representatives from the Cape York Welfare Reform (“CYWR”) and the Department of Communities (“DOC”) to introduce a joint project initiated, funded and supported by the Commonwealth and Queensland Governments. The PowerPoint is attached at Appendix 2. The aim of the project is to transition the Mossman Gorge Community from the former Indigenous community housing model to the State Government’s One Social Housing System, in order to ensure normalised tenancy arrangements which are consistent across the State, and in order to facilitate Mossman Gorge Community aspirations for home ownership, economic development and improved social housing and municipal service delivery.

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Project aspects specifically relevant to Council include: 1. The survey and reconfiguration (subdivision) of the Mossman Gorge Community

land, being Lot 152 on SR832, and Lot 100 on RP911412; and 2. Council taking responsibility of municipal service delivery in the Mossman Gorge

Community; and 3. Working jointly with the Queensland Government, Bamanga Bubu Ngadimunku

("BBN") and the owner of the land (Lot 6 on SP212661) where the Mossman Gorge Community cemetery is located to facilitate the creation of a designated cemetery reserve.

Council was advised the cost of the assessment and any upgrade works will be the responsibility of the Federal and State Governments. Following in-principle support from the Council, the municipal services and infrastructure audit has been carried out, and a quote provided for the upgrade works identified as being required by Council. In November 2012 the BBN Board, on behalf of the Mossman Gorge Community, wrote to Council expressing their appreciation for the goodwill demonstrated by Council to date, and thanking Cairns Regional Council for advice and support received to date. The BBN Board’s letter included a number of questions for Council which are addressed in the Comment portion of the report, below. The letter is attached at Appendix 1.

BACKGROUND:

On 21 November 2011, representatives from the Cape York Welfare Reform ("CYWR") and the Department of Communities ("DOC") met with the Council to present proposed new arrangements for the Mossman Gorge Community and to discuss a process to move towards normalised municipal service delivery in that area. The presenters indicated that the proposed approach can assist the Mossman Gorge Community to achieve goals of home ownership, economic development, improved social housing and municipal service delivery, and can contribute to Council’s Reconciliation Action Plan (RAP) objectives. It is understood that at the meeting, the Council offered its in-principle support for Council to deliver municipal services at Mossman Gorge subject to:- 1. subdivision of the community land into individual housing lots, commercial uses,

and road reserve etc; 2. rates will be payable for the newly created lots; and 3. the existing municipal infrastructure is handed over in a condition that is

acceptable to Council. Both the Australian and Queensland Governments have indicated they are jointly committed to delivering this project expediently, with involved parties indicating that the planning for this project had been carried out over a number of years and that there was

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a general commitment to delivering this project expediently. The assessment and any upgrade works will be the responsibility of the Federal and State Governments. On 10 January 2011, Council received letters from DOC and Bamanga Bubu Ngadimunku ("BBN") confirming this agreement. The letters also acknowledged that Council was required to undertake an audit of the current infrastructure and services available to the community to determine the whether any upgrade of services or infrastructure is required. The municipal services and infrastructure audit has been carried out, and a quote provided for the upgrade works identified as being required by Council, including works on: ● Roads and intersections; ● Sewer reticulation; ● Water reticulation; ● Stormwater drainage; ● Electricity and lighting; and ● Telecommunications.

COMMENT:

As the Mossman Gorge Community project has progressed, BBN have identified a number of issues and have written to Council seeking clarification on these matters. While a formal response is yet to be provided to the BBN Board, the issues raised by BBN and officer comment are outlined below. Issue 1 – Land Use Planning BBN have sought advice from Council staff as to the future intent for the Mossman Gorge Community land in terms of the Planning scheme currently being drafted. Under the current Douglas Shire Planning Scheme the land is identified as being partially within the Conservation Planning Area and partially within the Rural Planning Area. The existing zonings result in overly onerous application processes for new land uses such as Shopping Facilities or Business Facilities, especially taking into consideration that the Mossman Gorge Community is an existing developed area. BBN was informally advised that the intent is for the new Planning Scheme to more accurately reflect existing uses on the land. BBN was further advised that at this point in time it is intended to design the Planning Scheme so as to provide flexibility over and above the suite of zones through including the land in a proposed local plan. Issue 2 – Lot Design, Survey and Reconfiguration Council officers were provided a diagram indicating the proposed reconfiguration of the Mossman Gorge Community, and asked to confirm in-principle support for the reconfiguration of Lots 100 and 152 largely in accordance with that design. In addition, Council officers were asked to provide advice of any variation to the lot design required in order to confirm support for the proposal.

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While a number of relatively minor issues were identified by Council officers for BBN’s consideration, it is considered appropriate to advise in-principle support the proposed reconfiguration if undertaken generally in accordance with the design provided. Issue 3 – Land Ownership The BBN Board has requested confirmation from Council that subject to infrastructure being upgraded to an acceptable standard that Council would: 1. Accept transfer at no cost the new road reserves on ex Lot 152 and ex Lot 100

from the Queensland Government and BBN; 2. Accept transfer at no cost the new lots where municipal infrastructure and other

public land is located on ex Lot 152 and ex Lot 100, such as where the public toilets, sports field, drainage areas and river bank are located, from the Queensland Government and BBN;

3. Accept transfer at no cost that part of Lot 6 used as a cemetery (the Mossman

Gorge Community cemetery) and cemetery access from its current owner; and 4. Accept ownership of and responsibility for infrastructure located on this transferred

land, such as water and sewerage infrastructure, roads and drainage infrastructure, street lights, footpaths, etc.

At the presentation to Council held 21 November 2011, advice was provided by representatives from CYWR and DOC that: “…as part of preferred approach, Commonwealth and State Government would pay survey and subdivision, infrastructure upgrades and miscellaneous costs including securing cemetery land to allow the transition of municipal service delivery to CRC. Steps include: ● Amend the CRC planning scheme to identify the improved land where the

Mossman Gorge community is located as suitable for residential and commercial purposes (rather than rural and conservation purposes) and identify a process for development application consideration prior to amendment of the planning scheme.

● Design road reserves (including Mossman Gorge Rd), residential lots, commercial lots (including walking tracks), open space lots, infrastructure lots, cemetery lot, and lots for other purposes so that a development application for reconfiguration would be approved by CRC.

● Survey all lots (including road reserves) according to agreed design plan. ● Lodge a development application for reconfiguration of lots 100, 152 and lot 6 with

CRC. ● Register new lots resulting from reconfiguration of lot 152, lot 100 and lot 6.” Taking into consideration the advice provided to Council, it is considered appropriate to confirm BBN’s request.

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Issue 4 – Municipal Services Provision The BBN Board has requested confirmation from Council that normal municipal services provided by Council will include items such as maintenance of roads, footpaths, public toilets, lighting, water, sewerage and drainage infrastructure, waste collection, management of public land such as the sports field and cemetery, animal control, etc. Internal comment is currently being provided for collation and review prior to providing a response; however preliminary responses received internally to date indicate Council’s ability to respond to this request in the affirmative, with the proviso that the existing municipal infrastructure is handed over in a condition that is acceptable to Council, and any infrastructure upgrades required prior to handover are undertaken at no cost to Council. Issue 5 – Future Employment Opportunities BBN have advised that a number of Mossman Gorge Community members are currently employed by BBN to help deliver municipal services to the Mossman Gorge Community. The BBN Board have concerns that the transfer of responsibility for municipal services to Council could result in unemployment for the existing workers, and have asked Council to advise how current BBN employees or other Mossman Gorge residents could be employed or contracted by CRC to help deliver municipal services to Mossman Gorge. In the first instance advice was provided to BBN with regard to the process of putting works out for tender, and a meeting was arranged with BBN to conduct a skills audit and ascertain any other relevant information. This information was analysed in order to identify any gaps in workers skills or organisational ability to competitively compete for a future horticultural contract. It is noted that Council’s Indigenous Employment Coordinator is currently working to set up ‘work based’ training opportunities in partnership with Job Service providers, allowing trainees the opportunity to gain the skills and experience within Council. This may be a further opportunity for Mossman Gorge workers to up-skill and gain an understanding of the standards and specifications to delivering a Council service.

CONSULTATION:

Council has not undertaken direct consultation with the Mossman Gorge Community, as consultation has been undertaken at State Government level, however consultation has been undertaken with and through BBN, particularly through communication with the CEO and Board of Directors as well as Cape York Welfare Reform.

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CONSIDERATIONS: Risk Management: Minimal financial risk, as the cost of the assessment and any upgrade works will be the responsibility of the Federal and State Governments. While ongoing ownership and maintenance of assets will become the responsibility of Council in future, these costs will be offset by rates, which will be payable for all individual social housing lots created by the subdivision of Lots 100 and 152, which will then be leased by BBN to the State for a 40 year term. The Queensland Government has committed to pay rates to Council for the term of the lease. Corporate and Operational Plans: Corporate Plan Goal 2: Build Vibrant Communities Objectives: To build more creative, innovative and self-reliant communities where

participation in community life is enabled and encouraged. 2.6: Improve the capacity and well-being of valued areas of the community

that traditionally have difficulty being heard. Action: Improve and enhance the capacity for Council to engage with

Indigenous and multicultural communities. Operational Plan Council’s participation in the Mossman Gorge Community project is supported by Council’s Operational Plan as it is a collaborative opportunity with other government agencies/community organisations. The project is responsive to emerging community needs in that it addresses the identified needs of targeted groups and has the potential to build the community’s capacity to promote mainstream engagement and increase social equity/inclusion. (Corporate Objectives 3.1, 3.3, 6.5 and 6.6).

Statutory: FNQ Regional Plan 2009-2031 The Mossman Gorge Community project is in accordance with the objectives of the FNQ Regional Plan 2009-2013 (‘the Plan’). Section 3.8 of the Plan, ‘Strengthening Indigenous Communities’, outlines the Commonwealth and Queensland Governments agreement to work together to improve the delivery of services in Indigenous communities under the banner of the Cape York Welfare reform trials. The Plan designates an urban footprint around a number of Indigenous communities, making specific mention of the Mossman Gorge community, in order to allow for further subdivision of large lots, thus facilitating the creation of individual titles for existing and proposed housing in the future.

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Policy: Cairns Regional Council’s Reconciliation Action Plan The proposed process to be undertaken has the potential to enable Mossman Gorge Community members to reach goals of home ownership, increased economic development, and improved social housing and municipal service delivery, thereby contributing to Reconciliation Action Plan objectives.

Sustainability:

A scorecard has been prepared for this project, see summary comment below: Resources: While ownership and maintenance of assets will become the responsibility of Council in future, these costs will be offset by rates payable for the newly created lots following the reconfiguration of Lots 100 and 152. Environment: The project does not involve any new development, merely upgrades, where required, to existing infrastructure such as stormwater drainage. It is considered that these upgrades have the potential to result in improved circumstances from an environmental perspective. Community: The project will result in a number of improvements for the Mossman Gorge community, including enabling private home ownership, increased opportunities for economic development, improvements to social housing and improved municipal service delivery. Governance and economic management: Participation in the Mossman Gorge Community project is in accordance with Council’s Operational Plan, with upgrade works required to be undertaken funded by the State/Commonwealth Governments. While the project does result in an additional workload for staff, it is viewed to be not an unreasonable workload. Options: Option 1: That Council: A. Notes the work undertaken to date on the Mossman Gorge Community Project;

and B. Endorses Council continuing to work in partnership with the Australian and

Queensland Governments, associated State agencies and Bamanga Bubu Ngadimunku (BBN) to assist in the transition of the former Indigenous community housing model to the State Government’s One Social Housing system and to facilitate the aspirations of Traditional Owners in accordance with the principles established in Council’s Reconciliation Action Plan (RAP).

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Option 2: That Council: A. Notes the work undertaken to date on the Mossman Gorge Community Project;

and B. Does not endorse Council continuing to work in partnership with the Australian and

Queensland Governments, associated State agencies and Bamanga Bubu Ngadimunku (BBN) to assist in the transition of the former Indigenous community housing model to the State Government’s One Social Housing system and to facilitate the aspirations of Traditional Owners in accordance with the principles established in Council’s Reconciliation Action Plan (RAP).

ATTACHMENTS:

Appendix 1 - Letter from BBN dated 12 Nov 2012 (Executive Attachment) Appendix 2 - PowerPoint presentation from DOCS/CYWR Michelle Henderson Planning Officer Kelly Reaston A/General Manager Planning & Environment

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PLANNING AND SUSTAINABILITY COMMITTEE 3 · Agenda – Planning & Sustainability Committee 13 March 2013 - #3887347 Project aspects specifically relevant to Council include: 1. The