65
REPORT Coordination Committee Meeting Tuesday 31 January 2017 commencing at 10.49am Redcliffe Chambers Irene Street, Redcliffe CHAIRPERSON’S REPORT The recommendations contained within this report of the Coordination Committee meeting held 31 January 2017 are recommended to the Council for adoption. COUNCILLOR ALLAN SUTHERLAND (MAYOR) CHAIRPERSON COORDINATION COMMITTEE ENDORSED GM20170131 Amended GM20170328 - Item 2.3

REPORT - Moreton Bay Region · described in the Notice of Intention to Resume issued to the landowner dated 11 August 2016. Moreton Bay Regional Council COORDINATION COMMITTEE MEETING

  • Upload
    others

  • View
    2

  • Download
    0

Embed Size (px)

Citation preview

REPORT

Coordination Committee Meeting

Tuesday 31 January 2017 commencing at 10.49am

Redcliffe Chambers Irene Street, Redcliffe

CHAIRPERSON’S REPORT The recommendations contained within this report of the Coordination Committee meeting held 31 January 2017 are recommended to the Council for adoption. COUNCILLOR ALLAN SUTHERLAND (MAYOR) CHAIRPERSON COORDINATION COMMITTEE

ENDORSED GM20170131 Amended GM20170328 - Item 2.3

Adoption Extract from General Meeting – 31 January 2017 (Page 17/38) 12.1. Coordination Committee Meeting - 31 January 2017 (Pages 17/40 - 17/100) RESOLUTION

Moved by Cr Mick Gillam Seconded by Cr Denise Sims CARRIED 11/0

That the report and recommendations of the Coordination Committee meeting held 31 January 2017 be adopted. AMENDMENT - General Meeting 28 March 2017 (Page 17/415) Item 2.3 - Proposed Resumption for Drainage Purposes – 134-140 Morayfield Road, Caboolture South - Lot 5 on RP88015 - Division 3 Committee Recommendation repealed by Notice of Motion NOM/35, as follows: That the recommendation appearing on Page 17/38 of the General Meeting held 31 January 2017, in respect of Coordination Committee meeting held 31 January 2017 (Page 17/82), reading as follows: “1. That Council, having duly considered this report, is of the opinion that part of Lot 5 on RP88015

containing an approximate area of 1.22 hectares and being part of the land contained in Title Reference 18406052 and an easement over part of Lot 5 on RP88015 containing an approximate area of 720 square metres and being part of the land contained in Title Reference 18406052 be acquired for drainage purposes, and for purposes incidental to carrying out drainage purposes, respectively.

2. That the Chief Executive Officer submit the necessary application to the Department of Natural

Resources and Mines requesting that the above land, and interest in land, be taken and vested in the Council, in accordance with the Acquisition of Land Act 1967.

3. That Council confirms that it remains willing to acquire by agreement the land, and interest in

land, the subject of the Notice of Intention to Resume.” BE REPEALED. For noting: A fresh objection hearing will be scheduled to allow the landowner to be heard on its objections to the proposed taking of part of Lot 5 on RP88015, and an easement over part of Lot 5 on RP88015, described in the Notice of Intention to Resume issued to the landowner dated 11 August 2016.

Moreton Bay Regional Council COORDINATION COMMITTEE MEETING PAGE a 31 January 2017 Report

COORDINATION COMMITTEE MEETING PAGE a 31 January 2017 Report

LIST OF ITEMS 1 GOVERNANCE SESSION (Cr Allan Sutherland, Mayor)

ITEM 1.1 41 COUNCILLOR REPRESENTATION - BOWLS PREMIER LEAGUE EVENT - REGIONAL

COMMITTEE RECOMMENDATION

REPORT DETAIL

2 PLANNING & DEVELOPMENT SESSION (Cr Mick Gillam)

ITEM 2.1 44 TEMPORARY DELEGATION OF AUTHORITY - REGIONAL

COMMITTEE RECOMMENDATION

REPORT DETAIL

ITEM 2.2 47 DA/30044/2015/V23R - PRELIMINARY APPROVAL FOR MATERIAL CHANGE OF USE TO VARY THE EFFECT OF THE PLANNING SCHEME (S242 OF SPA) IN ACCORDANCE WITH THE RESIDENTIAL A ZONE AND DEVELOPMENT PERMIT - RECONFIGURATION OF A LOT FOR SUBDIVISION 4 INTO 44 LOTS AND BALANCE LOT (STAGE 1) AT LOT 1 DOHLES ROCKS ROAD, GRIFFIN QLD 4503 - DIVISION 1

COMMITTEE RECOMMENDATION

REPORT DETAIL

ITEM 2.3 82 PROPOSED RESUMPTION FOR DRAINAGE PURPOSES – 134-140 MORAYFIELD ROAD, CABOOLTURE SOUTH - LOT 5 ON RP88015 - DIVISION 3

COMMITTEE RECOMMENDATION (REPEALED) REPORT DETAIL

3 CORPORATE SERVICES SESSION (Cr Adrian Raedel)

4 ASSET CONSTRUCTION & MAINTENANCE SESSION (Cr Peter Flannery)

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

6 LIFESTYLE & AMENITY SESSION (Cr Allan Sutherland, Mayor)

ITEM 6.1 91 MBRC005550 CLEANING SERVICES - SELECTED COUNCIL COMMUNITY VENUES - DIVISIONS 1, 4, 6, 9, 12

COMMITTEE RECOMMENDATION

REPORT DETAIL

ITEM 6.2 95 PREFERRED SUPPLIER ARRANGEMENT - DECLARED PLANTS (RESTRICTED INVASIVE BIOSECURITY MATTER) AND AQUATIC WEED MANAGEMENT SERVICES - REGIONAL

COMMITTEE RECOMMENDATION

REPORT DETAIL

Moreton Bay Regional Council COORDINATION COMMITTEE MEETING PAGE b 31 January 2017 Report

COORDINATION COMMITTEE MEETING PAGE b 31 January 2017 Report

7 ECONOMIC DEVELOPMENT & TOURISM SESSION (Cr A Sutherland, Mayor)

8 GENERAL BUSINESS

ITEM 8.1 99 SUNSHINE COAST FEDERATION SPORTS AWARD EVENING

ITEM 8.2 99 BRIBIE ISLAND LIONS CLUB - DIVISION 1

COMMITTEE RECOMMENDATION

ITEM 8.3 99 MEDAL OF THE ORDER OF AUSTRALIA AWARDED TO MS LAKEISHA PATTERSON - DIVISION 1

ITEM 8.4 99 AUSTRALIA DAY CITIZENSHIP CEREMONY - DIVISION 7

ITEM 8.5 100 KING STREET AND VICTORIA AVENUE PROJECT - DIVISION 6

ITEM 8.6 100 AUSTRALIA DAY EVENT AT BRIBIE ISLAND - DIVISION 1

ITEM 8.7 100 MORETON BAY REGIONAL COUNCIL’S CITIZEN OF THE YEAR - LEANNE DINNING

ITEM 8.8 100 AUSTRALIA DAY CITIZENSHIP CEREMONY - REGIONAL

COMMITTEE RECOMMENDATION

CLOSURE

Moreton Bay Regional Council COORDINATION COMMITTEE MEETING PAGE 17/40 31 January 2017 Report

COORDINATION COMMITTEE MEETING PAGE 17/40 31 January 2017 Report

ATTENDANCE & APOLOGIES Attendance: Committee Members: Cr Allan Sutherland (Mayor) (Chairperson) Cr Brooke Savige Cr Peter Flannery Cr Adam Hain Cr James Houghton Cr Koliana Winchester Cr Denise Sims Cr Mick Gillam Cr Mike Charlton (Deputy Mayor) Cr Darren Grimwade Cr Adrian Raedel Officers: Chief Executive Officer (Mr Daryl Hitzman) Director Community & Environmental Services (Mr Bill Halpin) Director Planning & Economic Development (Mr Stewart Pentland) Director Engineering, Construction & Maintenance (Mr Tony Martini) Director Executive & Property Services (Ms Anne Moffat) Meeting Support Officer (Ms Judy Henry) Apologies: Cr Julie Greer Cr Matthew Constance The Mayor is the Chairperson of the Coordination Committee. Coordination Committee meetings comprise of Sessions chaired by Council’s nominated Spokesperson (or Proxy) for that portfolio, as follows:

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

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

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

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

Moreton Bay Regional Council COORDINATION COMMITTEE MEETING PAGE 17/41 31 January 2017 Report

COORDINATION COMMITTEE MEETING PAGE 17/41 31 January 2017 Report

1 GOVERNANCE SESSION (Cr Allan Sutherland, Mayor) ITEM 1.1 COUNCILLOR REPRESENTATION - BOWLS PREMIER LEAGUE EVENT - REGIONAL Meeting / Session: 1 GOVERNANCE Reference: A14734259 : 24 January 2017 Responsible Officer: RG, Coordinator Executive Services (CEOs Office) Executive Summary This report seeks approval for Cr Mick Gillam to be Council’s representative at the Bowls Premier League PBL05 Event to be held at the PT Chevalier Bowling Club in Auckland, New Zealand from 27 February to 2 March 2017, as a guest of Club Pine Rivers. COMMITTEE RECOMMENDATION

Moved by Cr Mike Charlton (Deputy Mayor) Seconded by Cr Peter Flannery CARRIED 11/0

That Cr Mick Gillam be nominated as Council’s representative to attend the Bowls Premier League PBL05 Event to be held in Auckland, New Zealand from 27 February to 2 March 2017, as a guest of Club Pine Rivers.

Moreton Bay Regional Council COORDINATION COMMITTEE MEETING PAGE 17/42 31 January 2017 Report ITEM 1.1 COUNCILLOR REPRESENTATION - BOWLS PREMIER LEAGUE EVENT - REGIONAL - A14734259 (Cont.)

COORDINATION COMMITTEE MEETING PAGE 17/42 31 January 2017 Report

OFFICER’S RECOMMENDATION That Cr Mick Gillam be nominated as Council’s representative to attend the Bowls Premier League PBL05 Event to be held in Auckland, New Zealand from 27 February to 2 March 2017, as a guest of Club Pine Rivers. REPORT DETAIL 1. Background Club Pine Rivers have extended an invitation for Council to be represented at the Bowls Premier League PBL05 Event to be held in Auckland, New Zealand from 27 February to 2 March 2017. Council has been a major sponsor of the Australian Premier League (APL) lawn bowls competition hosted by Club Pine Rivers for many years. 2. Explanation of Item Club Pine Rivers is hosting a group of representatives to attend the Bowls Premier League PBL05 Event to be held at the PT Chevalier Bowling Club in Auckland, New Zealand from 27 February to 2 March 2017. Council has been extended an invitation to nominate a representative as part of this group. As a guest of Club Pine Rivers all costs for the representative to attend will be covered by the Club. 3. Strategic Implications 3.1 Legislative/Legal Implications

Section 188 of the Local Government Regulation 2012 states as follows:- Overseas travel (1) The annual report for a financial year must contain the following information about any overseas

travel made by a councillor or local government employee in an official capacity during the financial year – (a) for a councillor – the name of the councillor; (b) for a local government employee – the name of, and position held by, the local government

employee; (c) the destination of the overseas travel; (d) the purpose of the overseas travel; (e) the cost of the overseas travel;

(2) The annual report may also contain any other information about the overseas travel the local government considers relevant.

3.2 Corporate Plan / Operational Plan

Strengthening Communities: Office of the CEO - overall leadership and coordination of council activities.

3.3 Policy Implications In accordance with Council’s Conference Seminar, Study Tour and Travel Policy 2150-16.

3.4 Risk Management Implications Nil

3.5 Delegated Authority Implications Nil

3.6 Financial Implications Costs of flights, accommodation and attendance at the event will be covered by Club Pine Rivers.

Moreton Bay Regional Council COORDINATION COMMITTEE MEETING PAGE 17/43 31 January 2017 Report ITEM 1.1 COUNCILLOR REPRESENTATION - BOWLS PREMIER LEAGUE EVENT - REGIONAL - A14734259 (Cont.)

COORDINATION COMMITTEE MEETING PAGE 17/43 31 January 2017 Report

3.7 Economic Benefit Nil

3.8 Environmental Implications

Nil 3.9 Social Implications

Nil

3.10 Consultation / Communication Consultation undertaken with Mayor and Councillors

Moreton Bay Regional Council COORDINATION COMMITTEE MEETING PAGE 17/44 31 January 2017 Report

COORDINATION COMMITTEE MEETING PAGE 17/44 31 January 2017 Report

2 PLANNING & DEVELOPMENT SESSION (Cr Mick Gillam) ITEM 2.1 TEMPORARY DELEGATION OF AUTHORITY - REGIONAL Meeting / Session: 2 PLANNING & DEVELOPMENT Reference: A14728944 : 23 January 2017 Responsible Officer: KC, Manager Development Services (PED Development Services) Executive Summary The purpose of this report is to advise Council on the applications dealt with by the Chief Executive Officer under temporary special delegation during the period 14 December 2016 to 23 January 2017. Pursuant to the provisions of section 257 of the Local Government Act 2009, Council delegated to the Chief Executive Officer in consultation with the Divisional Councillor and the Spokesperson for Planning and Development, the power to decide those development applications not previously delegated to the Chief Executive Officer for the period 14 December 2016 to 23 January 2017 only. COMMITTEE RECOMMENDATION

Moved by Cr Denise Sims Seconded by Cr Darren Grimwade CARRIED 11/0

That Council note that the special temporary delegation provided by Council to the Chief Executive Officer in consultation with the Divisional Councillor and the Spokesperson for Planning and Development was not exercised during the specified period 14 December 2016 and 23 January 2017 (inclusive).

Moreton Bay Regional Council COORDINATION COMMITTEE MEETING PAGE 17/45 31 January 2017 Report ITEM 2.1 TEMPORARY DELEGATION OF AUTHORITY - REGIONAL - A14728944 (Cont.)

COORDINATION COMMITTEE MEETING PAGE 17/45 31 January 2017 Report

OFFICER’S RECOMMENDATION That Council note that the special temporary delegation provided by Council to the Chief Executive Officer in consultation with the Divisional Councillor and the Spokesperson for Planning and Development was not exercised during the specified period 14 December 2016 and 23 January 2017 (inclusive). REPORT DETAIL 1. Background In order to comply with the timeframes specified in the Integrated Planning Act 1997 and Sustainable Planning Act 2009, the following recommendation appears on minute page 16/2512 of the General Meeting held 22 November 2016. Ex. Coordination Committee held 22 November 2016 (Page 16/2516)

2. Explanation of Item The Chief Executive Officer was not required to exercise this delegation during the period 14 December 2016 and 23 January 2017 (inclusive). This report satisfies the requirements of Recommendation 4 above. 3. Strategic Implications 3.1 Legislative/Legal Implications

Nil.

3.2 Corporate Plan / Operational Plan Strengthening Communities: Development Assessment - assessment of development applications and provision of development advice.

3.3 Policy Implications Nil.

3.4 Risk Management Implications Nil.

3.5 Delegated Authority Implications The temporary delegations given to the Chief Executive Officer by Council ceased 24 January 2017.

Moreton Bay Regional Council COORDINATION COMMITTEE MEETING PAGE 17/46 31 January 2017 Report ITEM 2.1 TEMPORARY DELEGATION OF AUTHORITY - REGIONAL - A14728944 (Cont.)

COORDINATION COMMITTEE MEETING PAGE 17/46 31 January 2017 Report

3.6 Financial Implications Nil.

3.7 Economic Benefit Nil.

3.8 Environmental Implications

Nil. 3.9 Social Implications

Nil.

3.10 Consultation / Communication The introduction of delegations did not require consultation with the community.

ATTENDANCE Ms Kim Calio attended the meeting at 10.51am for discussion of Item 2.2.

Moreton Bay Regional Council COORDINATION COMMITTEE MEETING PAGE 17/47 31 January 2017 Report

COORDINATION COMMITTEE MEETING PAGE 17/47 31 January 2017 Report

ITEM 2.2 DA/30044/2015/V23R - PRELIMINARY APPROVAL FOR MATERIAL CHANGE OF USE TO VARY THE EFFECT OF THE PLANNING SCHEME (S242 OF SPA) IN ACCORDANCE WITH THE RESIDENTIAL A ZONE AND DEVELOPMENT PERMIT - RECONFIGURATION OF A LOT FOR SUBDIVISION 4 INTO 44 LOTS AND BALANCE LOT (STAGE 1) AT LOT 1 DOHLES ROCKS ROAD, GRIFFIN QLD 4503 - DIVISION 1 APPLICANT: Wolter Consulting Group OWNER: Tobsta Pty Ltd and Bettson Properties Pty Ltd Meeting / Session: 2 PLANNING & DEVELOPMENT Reference: A13034420 : 23 January 2017 - Refer Supporting Information A14676965 Responsible Officer: RC, Senior Development Planning (PED Development Services) Executive Summary

Applicable Planning Scheme PineRiversPlan 2006 Applicant Wolter Consulting Group Owner(s) Tobsta Pty Ltd and Bettson Properties Pty Ltd Site Address Lot 1 Dohles Rocks Road, GRIFFIN QLD 4503 Property Description Lot 1 RP 160721, Lot 2 SL 9127 Lot 3 RP 96824 and Lot 504

SP284808 Area 20.5331 ha

Lot 1 RP 160721: 7.6283 ha Lot 2 SL 9127: 3.8308 ha Lot 3 RP 96824: 3.9810 ha Lot 504 SP284808: 0.8862 ha

Proposal Preliminary Approval for Material Change of Use to vary the effect of the Planning Scheme (s242 of SPA) in accordance with the Residential A Zone and Development Permit - Reconfiguring a Lot for Subdivision - 4 into 44 Lots and Balance Lot (Stage 1).

Proposal Plans Refer to proposal plan in Appendices of this report. Assessment Level Impact Assessable Requested Approvals • Preliminary Approval - Material Change of Use to vary the

effect of the Planning Scheme. • Development Permit – Reconfiguration of a Lot

Consistent / Inconsistent proposal Policy Neutral

Planning Scheme Details

PineRiversPlan 2006 Urban Locality Future Urban Zone Erosion Prone Area Overlay Acid Sulphate Soils Overlay Major Flood Events Overlay Bushfire Hazard Areas Overlay Operational Airspace and Aviation Facilities Overlay

Relevant Codes Urban Locality - Future Urban Zone Urban Locality - Residential A Zone Urban Residential Subdivision Design Code Subdivision in all Other Zones Design Code Detached Houses on Small Residential Lots Code Setbacks Code Site Earthworks Code

Moreton Bay Regional Council COORDINATION COMMITTEE MEETING PAGE 17/48 31 January 2017 Report ITEM 2.2 DA/30044/2015/V23R - PRELIMINARY APPROVAL FOR MATERIAL CHANGE OF USE TO VARY THE EFFECT OF THE PLANNING SCHEME (S242 OF SPA) IN ACCORDANCE WITH THE RESIDENTIAL A ZONE AND DEVELOPMENT PERMIT - RECONFIGURATION OF A LOT FOR SUBDIVISION 4 INTO 44 LOTS AND BALA - A13034420 : 23 January 2017 - Refer Supporting Information (Cont.)

COORDINATION COMMITTEE MEETING PAGE 17/48 31 January 2017 Report

This application seeks a Preliminary Approval for Material Change of Use to vary the effect of the now Superseded Pine River Plan (s242 of SPA) to apply the Residential A zone to the land instead of the Future Urban zone and a Development Permit for Reconfiguring a Lot to subdivide the existing 4 lots into 44 Lots and a balance lot as Stage 1 at Lot 1 Dohles Rocks Road, Griffin, on land described as Lot 1 RP 160721, Lot 2 SL 9127, Lot 3 RP 96824 and Lot 504 SP284808. The site is located within the Future Urban Zone and has a total site area of 16.3263 ha. The site is identified as being located within the Urban Footprint in the South East Queensland Regional Plan. The application was publicly advertised with one (1) properly made submission received. The proposal was lodged with Council and deemed to be “Properly Made” on 1 April 2015. Accordingly, this application has been assessed in accordance with the Sustainable Planning Act 2009. The proposed development is consistent with the intent of the now superseded PineRiversPlan, and is recommended to be approved, subject to conditions. COMMITTEE RECOMMENDATION

Moved by Cr Mike Charlton (Deputy Mayor) Seconded by Cr Adrian Raedel CARRIED 11/0

That the Officer’s Recommendation be adopted as detailed in the report, with the following amendments:

1. Amend Recommendation A - Material Change of Use - Preliminary Approval component as follows:

Infrastructure Works Code Landscaping Design Code Bushfire Hazard Area Overlay Code Erosion Prone Areas Overlay Code Major Flood Events Overlay Code Acid Sulphate Soils Overlay Code

Application ‘properly made’ 1 April 2015 Information Request Issued 7 May 2015; Final response received 4 December 2015 Referral Agencies Concurrence Agencies:

Department of State Development Infrastructure and Planning Advice Agencies: Energex

Public Notification (Notice of Compliance received) 11 February 2016

Submissions Received Properly Made: One (1) Decision Stage ends 1 February 2017 Is a Notation to the Planning scheme required? Yes: Refer to Recommendation

Number of Existing Lots Four (4) Further Development Permits that may be required

Development Permit for Operational Works - Civil

Moreton Bay Regional Council COORDINATION COMMITTEE MEETING PAGE 17/49 31 January 2017 Report ITEM 2.2 DA/30044/2015/V23R - PRELIMINARY APPROVAL FOR MATERIAL CHANGE OF USE TO VARY THE EFFECT OF THE PLANNING SCHEME (S242 OF SPA) IN ACCORDANCE WITH THE RESIDENTIAL A ZONE AND DEVELOPMENT PERMIT - RECONFIGURATION OF A LOT FOR SUBDIVISION 4 INTO 44 LOTS AND BALA - A13034420 : 23 January 2017 - Refer Supporting Information (Cont.)

COORDINATION COMMITTEE MEETING PAGE 17/49 31 January 2017 Report

Deleting point (a) of Condition C.

C. Draft Concept Plan

(a) Submit an amended Draft Concept Plan that includes a

15m road connection through the development to Wagner Road catering for the access requirements of Lot 3 on RP141209.

(a) The subdivision of the site is to occur generally in accordance with the Draft Concept Plan. At the time of lodgement of any Reconfiguring a Lot - Development Application over the site the applicant is required to submit a revised Concept Plan including the approved and future Stages of the development. The Concept Plan is to maintain the principle of road and pedestrians connections around the site and to adjoining land without the use of cul de sacs.

(a) Prior to lodging a

request for Compliance Assessment of subdivision plans for any development permit for Reconfiguring a Lot over the land.

(a) At the time of lodgement of any development application for reconfiguring a lot for each stage after the first stage approved as an aspect of this development approval.

Deleting Clause (b) of Condition F

F. DEP1 Preliminary Approval – Standard Engineering Conditions

(a) Provide all new Council roads in accordance with the

PineRiversPlan.

Note: Consideration is to be given to implementing the road attributes of the MBRC Planning Scheme where possible.

(b) Provide a 15m road connection through the development to

Wagner Road catering for the access requirements of Lot 3 on RP141209.

(b) Provide a collector road connection to the northern boundary

of Lot 993 on SP282214.

At the time of development.

Moreton Bay Regional Council COORDINATION COMMITTEE MEETING PAGE 17/50 31 January 2017 Report ITEM 2.2 DA/30044/2015/V23R - PRELIMINARY APPROVAL FOR MATERIAL CHANGE OF USE TO VARY THE EFFECT OF THE PLANNING SCHEME (S242 OF SPA) IN ACCORDANCE WITH THE RESIDENTIAL A ZONE AND DEVELOPMENT PERMIT - RECONFIGURATION OF A LOT FOR SUBDIVISION 4 INTO 44 LOTS AND BALA - A13034420 : 23 January 2017 - Refer Supporting Information (Cont.)

COORDINATION COMMITTEE MEETING PAGE 17/50 31 January 2017 Report

by including the following additional condition - Condition I

I. Stage 5 - Future Connection to Wagner Road

Provide a 15.0 metre wide road connection onto Wagner Road to facilitate the development of Lot 3 on RP141209 for residential purposes and the completion of an efficient and interconnected residential road network. The road connection location is to consider the required intersection spacing from Dohles Rocks Road. Note: This connection will not be required should Lot 3 on RP 141209 be approved for non-residential purposes or if otherwise determined by Council through the assessment of the Reconfiguring a Lot application for stage 5.

At the time of development of Stage 5.

2. Amend Recommendation B - Reconfiguring a Lot component by amending conditions 2 and 16 as follows:

2. Amended Plan Required

(a) Submit an amended Plan of Reconfiguration, and Small Lot Plans

incorporating the following: All Plans

(i) Provide a 15.0 metre wide road connection onto Wagner Road to service Lot 3 on RP141209. The road connection location is to consider the required intersection spacing from Dohles Rocks Rd.

Small Lot Plan

(ii) (i) Bin pads located at the New Road kerb to service Lots 6, 7 and 8. The bin pads are to be minimum 1m2 each, located clear of driveways and serviceable by a side loading refuse vehicle.

(iii) (ii) Lots 7 - 14 (inclusive) - any Detached House or a Duplex Dwelling with balconies and/or windows above the ground floor (first floor) facing north to north west towards the Griffin substation are to be provided with fixed screening to obscure the view of the substation.

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

(c) Implement the requirements and recommendations of the approved

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

Prior to lodging a request for Compliance Assessment of subdivision plans for first stage.

Moreton Bay Regional Council COORDINATION COMMITTEE MEETING PAGE 17/51 31 January 2017 Report ITEM 2.2 DA/30044/2015/V23R - PRELIMINARY APPROVAL FOR MATERIAL CHANGE OF USE TO VARY THE EFFECT OF THE PLANNING SCHEME (S242 OF SPA) IN ACCORDANCE WITH THE RESIDENTIAL A ZONE AND DEVELOPMENT PERMIT - RECONFIGURATION OF A LOT FOR SUBDIVISION 4 INTO 44 LOTS AND BALA - A13034420 : 23 January 2017 - Refer Supporting Information (Cont.)

COORDINATION COMMITTEE MEETING PAGE 17/51 31 January 2017 Report

16. DE400 New Council Roads – Design & Construction

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

associated works) in accordance with Council’s design standards and relevant planning scheme code Probable Solutions of the superseded Pine River Planning Scheme.

(b) Design and construct new roads in accordance with the following

classification as identified in the relevant planning scheme codes:

Road Name Classification New Road 18m Wide 7.5 m wide Collector

Road New Road 15m Wide 6 m wide Access Street Wagner Road access 6 m wide Access Street

Note: The current design standards and relevant Planning Scheme Codes are: 1. Planning Scheme Policy 28; 2. Urban Residential Subdivision Works Design Code. This condition has been imposed under section 665 of the Sustainable Planning Act 2009.

(a) & (b) Prior to lodging a request for compliance assessment of subdivision plans.

Moreton Bay Regional Council COORDINATION COMMITTEE MEETING PAGE 17/52 31 January 2017 Report ITEM 2.2 DA/30044/2015/V23R - PRELIMINARY APPROVAL FOR MATERIAL CHANGE OF USE TO VARY THE EFFECT OF THE PLANNING SCHEME (S242 OF SPA) IN ACCORDANCE WITH THE RESIDENTIAL A ZONE AND DEVELOPMENT PERMIT - RECONFIGURATION OF A LOT FOR SUBDIVISION 4 INTO 44 LOTS AND BALA - A13034420 : 23 January 2017 - Refer Supporting Information (Cont.)

COORDINATION COMMITTEE MEETING PAGE 17/52 31 January 2017 Report

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

Use to vary the effect of the now superseded PineRiversPlan (s242 of SPA) by applying the Residential A Zone as contained in the PineRiversPlan to land at Lot 1 Dohles Rocks Road, described as Lot 1 RP 160721, Lot 2 SL 9127, Lot 3 RP 96824 and Lot 504 SP284808, subject to the following:

Approved Plans Plan / Document Name

Reference Number Prepared By Dated

Preliminary drawings, proposed townhouse development for Oxmar properties,

CO5105/16 DWG No.1 Strathpine Design and Drafting July 2016

Plans to be Amended Plan / Document Name

Reference Number Prepared By Dated

Draft Concept plan DCP01 Version 6a Wolter Consulting group 19.10.2015

VARIATIONS - MATERIAL CHANGE OF USE – PRELIMINARY APPROVAL

TIMING

A. Variation of the superseded Pine Rivers Plan

(a) The superseded PineRiversPlan has been varied by

applying the Residential A Zone provisions to all of the land.

(b) The Level of Assessment Table for the Residential A zone (Table 4.2) is to be varied as follows: (i) Medium Density Multiple Dwelling Units are a Code

Assessable land use activity only when located on MUD lots as identified on the approved Draft Concept Plan having a minimum lot size of 1000m2. Impact Assessable Otherwise.

(c) Table 6.1.29 of the superseded PineRiversPlan being the

Assessment Criteria for Assessable Development for the Multiple Dwelling Units Code is amended as follows; (i) The minimum lot size for low density multiple dwelling

units in Probable Solution PS1.1 is reduced from 2000m2 to 1000m2 and therefore read as;

To be maintained at all times.

Moreton Bay Regional Council COORDINATION COMMITTEE MEETING PAGE 17/53 31 January 2017 Report ITEM 2.2 DA/30044/2015/V23R - PRELIMINARY APPROVAL FOR MATERIAL CHANGE OF USE TO VARY THE EFFECT OF THE PLANNING SCHEME (S242 OF SPA) IN ACCORDANCE WITH THE RESIDENTIAL A ZONE AND DEVELOPMENT PERMIT - RECONFIGURATION OF A LOT FOR SUBDIVISION 4 INTO 44 LOTS AND BALA - A13034420 : 23 January 2017 - Refer Supporting Information (Cont.)

COORDINATION COMMITTEE MEETING PAGE 17/53 31 January 2017 Report

PS 1.1 For low density multiple dwelling units, the site has a minimum area of 1000m2 and minimum road frontage of 20.0 metres.

(ii) The minimum lot size for medium density multiple dwelling units in Probable Solution PS1.2 is reduced from 1200m2 to 1000m2 and therefore read as; PS1.2 For medium density multiple dwelling units the site has a minimum area of 1000m2 and minimum road frontage of 20.0 metres.

B. Assessable Development in Accordance with Codes

The following Overlay Codes of the PineRiversPlan, are not applicable to future Reconfiguring a Lot and Material Change of Use applications carried out under this Preliminary Approval. In the case where a relevant code has not been specified for any aspect of the subsequent development as part of this Preliminary Approval, the relevant provisions of the PineRiversPlan will apply to the development. (a) Bushfire Hazards Areas Overlay. (b) Operational Airspace and Aviation Facilities. (c) Erosion Prone Areas.

To be maintained at all times.

C. Draft Concept Plan

(b) Submit an amended Draft Concept Plan that includes a

15m road connection through the development to Wagner Road catering for the access requirements of Lot 3 on RP141209.

(c) The subdivision of the site is to occur generally in

accordance with the Draft Concept Plan. At the time of lodgement of any Reconfiguring a Lot - Development Application over the site the applicant is required to submit a revised Concept Plan including the approved and future Stages of the development. The Concept Plan is to maintain the principle of road and pedestrians connections around the site and to adjoining land without the use of cul de sacs.

(a) Prior to lodging a

request for Compliance Assessment of subdivision plans for any development permit for Reconfiguring a Lot over the land.

(b) At the time of lodgement of any development application for reconfiguring a lot for each stage after the first stage approved as an aspect of this

Moreton Bay Regional Council COORDINATION COMMITTEE MEETING PAGE 17/54 31 January 2017 Report ITEM 2.2 DA/30044/2015/V23R - PRELIMINARY APPROVAL FOR MATERIAL CHANGE OF USE TO VARY THE EFFECT OF THE PLANNING SCHEME (S242 OF SPA) IN ACCORDANCE WITH THE RESIDENTIAL A ZONE AND DEVELOPMENT PERMIT - RECONFIGURATION OF A LOT FOR SUBDIVISION 4 INTO 44 LOTS AND BALA - A13034420 : 23 January 2017 - Refer Supporting Information (Cont.)

COORDINATION COMMITTEE MEETING PAGE 17/54 31 January 2017 Report

development approval.

D. Stage 6 - MUD Lots

Ensure lots identified on the approved draft concept plan as MUD lots are only developed for the purposes of Multiple Dwelling Units. Multiple Dwelling Units are to be designed generally in accordance with the approved Preliminary Drawings, proposed Townhouse Development for Oxmar Properties, and are to include the following design elements:

(a) Shared driveway access is to be provided to the rear of a site from the new road. Individual vehicle access (including onsite parking within the front setback) to each dwelling unit from the primary road frontage is not to occur,

(b) Vehicle parking (garage / carports) is to be located behind each Dwelling unit,

(c) Vehicle access to resident and visitor parking must be located between the acoustic barrier (Wagner Road) and the garage / carport.

(d) Each Dwelling unit must incorporate an internal private courtyard with an area of no less than 80m2 with a minimum dimension of 5 metres in any direction between the garage / carport and the dwelling unit with the space available for recreational use by residents.

(e) Each Dwelling unit must be orientated towards the primary road frontage, including the main entrance (front door) and at least one (1) habitable room window having a minimum glazed area of 2m2,

(f) Any fencing installed along the primary road frontage must is to include a pedestrian gate and have a maximum height of 1.2 metres excluding any gatehouse,

Note: The primary road frontage is taken to be the New Road to be constructed as part of the subdivision under this Preliminary Approval.

At all times.

E. DPU Privacy Screening Lot 7 - 14 (inclusive)

Ensure for lots established along Wagner Road (Lots 7 - 14 inclusive, or as amended) developed for a Detached House or a Duplex Dwelling with balconies and/or windows above the ground floor (first floor) facing north to north west towards the Griffin substation are provided with fixed screening to obscure the view of the substation.

To be maintained at all times.

Moreton Bay Regional Council COORDINATION COMMITTEE MEETING PAGE 17/55 31 January 2017 Report ITEM 2.2 DA/30044/2015/V23R - PRELIMINARY APPROVAL FOR MATERIAL CHANGE OF USE TO VARY THE EFFECT OF THE PLANNING SCHEME (S242 OF SPA) IN ACCORDANCE WITH THE RESIDENTIAL A ZONE AND DEVELOPMENT PERMIT - RECONFIGURATION OF A LOT FOR SUBDIVISION 4 INTO 44 LOTS AND BALA - A13034420 : 23 January 2017 - Refer Supporting Information (Cont.)

COORDINATION COMMITTEE MEETING PAGE 17/55 31 January 2017 Report

DEVELOPMENT ENGINEERING

F. DEP1 Preliminary Approval – Standard Engineering Conditions

(c) Provide all new Council roads in accordance with the

PineRiversPlan.

Note: Consideration is to be given to implementing the road attributes of the MBRC Planning Scheme where possible.

(d) Provide a 15m road connection through the development to

Wagner Road catering for the access requirements of Lot 3 on RP141209.

(e) Provide a collector road connection to the northern

boundary of Lot 993 on SP282214.

At the time of development.

G. DEU Traffic Impact Assessment

(a) Submit a Traffic Impact Assessment to determine the type,

configuration and timing of the ultimate intersection upgrade of Dohles Rocks Road and Bettson Boulevard to service a fully developed catchment.

(b) Obtain approval from Council for the Traffic Impact

Assessment.

Prior to operational works approval for first stage in accordance with this Preliminary Approval.

H. DEU Stormwater Management and Drainage

(a) Provide stormwater management and drainage works in

accordance with the approved Stormwater Management Plan and Council’s standards current at the time of development as required for each stage.

(b) Provide lot levels with freeboard requirements of the MBRC

Planning Scheme above the DFE current at the time of development.

At the time of development.

B. That Council, in accordance with the Sustainable Planning Act 2009, approves a Development Permit

- Reconfiguration of a Lot for Subdivision 4 into 44 Lots and Balance Lot at Lot 1 Dohles Rocks Road, described as Lot 1 RP 160721, Lot 2 SL 9127 Lot 3 RP 96824 and Lot 504 SP284808, subject to the following conditions:

Approved Plans and Documents Plan / Document Name

Reference Number Prepared By Dated

Moreton Bay Regional Council COORDINATION COMMITTEE MEETING PAGE 17/56 31 January 2017 Report ITEM 2.2 DA/30044/2015/V23R - PRELIMINARY APPROVAL FOR MATERIAL CHANGE OF USE TO VARY THE EFFECT OF THE PLANNING SCHEME (S242 OF SPA) IN ACCORDANCE WITH THE RESIDENTIAL A ZONE AND DEVELOPMENT PERMIT - RECONFIGURATION OF A LOT FOR SUBDIVISION 4 INTO 44 LOTS AND BALA - A13034420 : 23 January 2017 - Refer Supporting Information (Cont.)

COORDINATION COMMITTEE MEETING PAGE 17/56 31 January 2017 Report

Stormwater Management Report HT322-SMP-ROL H&T Watson

Consultants 17/05/2016

Plans to be Amended Plan / Document Name

Reference Number Prepared By Dated

Plan of Reconfiguration SB3308-02 version D sheets 1&2

Wolter Consulting Group

5/10/2016

Plan of Reconfiguration SB3308-02 version D sheets 2&2

Wolter Consulting Group

5/10/2016

Building Location Envelope Plan - Stage 1 Wagner Road, Griffin

SB3308-04 Version B Sheet No. 1 of 1

Wolter Consulting Group

06/12/2016

RECONFIGURING A LOT

DEVELOPMENT PLANNING

1. Approved Plans

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

Prior to lodging a request for Compliance Assessment of subdivision plans and to be maintained at all times.

2. Amended Plan Required

(a) Submit an amended Plan of Reconfiguration, and Small Lot Plans incorporating the following:

All Plans

(iv) Provide a 15.0 metre wide road connection onto Wagner Road to service Lot 3 on RP141209. The road connection location is to consider the required intersection spacing from Dohles Rocks Rd.

Small Lot Plan

(v) Bin pads located at the New Road kerb to service Lots 6, 7 and 8. The bin pads are to be minimum 1m2 each, located clear of driveways and serviceable by a side loading refuse vehicle.

(vi) Lots 7 - 14 (inclusive) - any Detached House or a Duplex Dwelling with balconies and/or windows above the ground floor (first floor) facing north to north

Prior to lodging a request for Compliance Assessment of subdivision plans for first stage.

Moreton Bay Regional Council COORDINATION COMMITTEE MEETING PAGE 17/57 31 January 2017 Report ITEM 2.2 DA/30044/2015/V23R - PRELIMINARY APPROVAL FOR MATERIAL CHANGE OF USE TO VARY THE EFFECT OF THE PLANNING SCHEME (S242 OF SPA) IN ACCORDANCE WITH THE RESIDENTIAL A ZONE AND DEVELOPMENT PERMIT - RECONFIGURATION OF A LOT FOR SUBDIVISION 4 INTO 44 LOTS AND BALA - A13034420 : 23 January 2017 - Refer Supporting Information (Cont.)

COORDINATION COMMITTEE MEETING PAGE 17/57 31 January 2017 Report

west towards the Griffin substation are to be provided with fixed screening to obscure the view of the substation.

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

(c) Implement the requirements and recommendations of the

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

3. Northern SEQ Distributor–Retailer Authority (Unitywater)

Submit to Council a Certificate of Completion or Provisional Certificate of Completion for the development from the Northern SEQ Distributor–Retailer Authority (Unitywater) confirming; (a) a reticulated water supply network connection is available

to the land; and (b) a sewerage network connection is available to the land;

and (c) all the requirements of Unity Water have been satisfied.

Prior to lodging a request for compliance assessment of subdivision plans.

4. Certify Lots are in Accordance with Approved Plan

Provide certification from a Licensed Surveyor that the lots created accord with the approved plan.

Prior to lodging a request for compliance assessment of subdivision plans.

5. Street Names

(a) Submit requests for the names of new street/s in

accordance with Council’s Policy 11-2150-038 Allocation of Road Names and Street Address Numbers or as amended;

(b) Obtain approval from Council for the names of new streets

in accordance with (a) above; (c) Erect approved street name boards on all new roads in

accordance (a) and (b); and (d) Mark all street names on the survey plans.

Prior to lodging a request for Compliance Assessment of subdivision plans.

6. Provision of Electricity

(a) Provide underground electricity to each lot.

Moreton Bay Regional Council COORDINATION COMMITTEE MEETING PAGE 17/58 31 January 2017 Report ITEM 2.2 DA/30044/2015/V23R - PRELIMINARY APPROVAL FOR MATERIAL CHANGE OF USE TO VARY THE EFFECT OF THE PLANNING SCHEME (S242 OF SPA) IN ACCORDANCE WITH THE RESIDENTIAL A ZONE AND DEVELOPMENT PERMIT - RECONFIGURATION OF A LOT FOR SUBDIVISION 4 INTO 44 LOTS AND BALA - A13034420 : 23 January 2017 - Refer Supporting Information (Cont.)

COORDINATION COMMITTEE MEETING PAGE 17/58 31 January 2017 Report

(b) Provide evidence (e.g. Certificate for Electricity Supply to

Subdividers with Agreement Number or Certificate of Supply) demonstrating that a below ground electricity supply network has or will be constructed within all new roads and along the frontage of each proposed lot.

Prior to lodging a request for compliance assessment of subdivision plans.

7. Entry Statement

Establishment of any “Entry Statement” as a marketing strategy for the development must accord with the following unless otherwise approved by Council: (a) Located within a privately owned allotment or on the

boundary of a privately owned allotment; (b) Limited to one (1) entry statement per development; (c) Constructed of durable, weather resistant materials; (d) Positively contributes to the character of the surrounding

area; and (e) Does not contain the logo of any developer or other entity.

Prior to lodging a request for compliance assessment of subdivision plans.

8. Advice to Purchasers Regarding Building Envelopes

Acknowledge in writing that potential purchasers will be advised of the approved Small Lot Plan and the requirement to comply with the building envelopes and other requirements as nominated on the approved plan.

Prior to lodging a request for compliance assessment of subdivision plans.

9. Compliance with Small Lot Plan and Detached Houses on Small Lots Code

The detached house on the proposed small lot must comply with the approved Small Lot Plan unless otherwise approved by the Council in writing. Note: Where there is a conflict between the approved Small Lot Plan and the PineRiversPlan, the Small Lot Plan prevails.

At all times.

10. Advice to Purchasers Regarding Energex Requirements Lot 7 - 14 (inclusive)

Acknowledge in writing that potential purchasers will be advised of the requirement to provide fixed screened windows above the ground floor (first floor) where facing north to north westerly directions towards the Griffin substation.

Prior to lodging a request for compliance assessment of subdivision plans.

11. New Telecommunications Infrastructure – RAL

(a) Provide Fibre-Ready telecommunications infrastructure (pit

and pipe) throughout the development in accordance with the Communication Alliance specifications contained within

Prior to lodging a request for Compliance Assessment of

Moreton Bay Regional Council COORDINATION COMMITTEE MEETING PAGE 17/59 31 January 2017 Report ITEM 2.2 DA/30044/2015/V23R - PRELIMINARY APPROVAL FOR MATERIAL CHANGE OF USE TO VARY THE EFFECT OF THE PLANNING SCHEME (S242 OF SPA) IN ACCORDANCE WITH THE RESIDENTIAL A ZONE AND DEVELOPMENT PERMIT - RECONFIGURATION OF A LOT FOR SUBDIVISION 4 INTO 44 LOTS AND BALA - A13034420 : 23 January 2017 - Refer Supporting Information (Cont.)

COORDINATION COMMITTEE MEETING PAGE 17/59 31 January 2017 Report

Industry Guideline G645:2011 Fibre Ready Pit and Pipe Specifications for Real Estate Development Projects or in accordance with the NBN Co. specifications contained within New Developments: Deployment of the NBN Co Conduit and Pit Network – Guidelines for Developers NBN-TE-CTO-194 and Creating Pit and Pipe Designs for New Developments (Job Aid for Developers) NBN-TE-CTO-586 as amended and current at the date of installation.

(b) (i) Provide certification from a RPEQ electrical engineer

that the works specified in (a) above have been installed and evidence that a telecommunications carrier licensed under the Telecommunications Act 1997 has agreed to take ownership of the infrastructure.

OR (ii) Provide written confirmation from NBN Co that the

works specified in (a) above have been accepted by it.

OR (iii) Provide a ‘Telecommunications Infrastructure

Provisioning Confirmation’ or a ‘Telecommunications Network Infrastructure Notification’ letter from a telecommunications carrier licensed under the Telecommunications Act 1997 (e.g. Telstra) confirming that telecommunications carrier has been engaged to install telecommunications infrastructure within the proposed development.

OR

(iv) A certificate of practical completion from NBN Co.

that the installation of the works specified in (a) above has occurred.

OR (v) A certificate of practical completion from a RPEQ

electrical engineer that the installation of the works specified in (a) above has occurred; and documentation demonstrating that the infrastructure has been transferred to a Network Carrier (e.g. Telstra, NBN Co etc.).

subdivision plans for each stage or if the development works for roads for the stage are being bonded with Council under an early release infrastructure agreement, prior to the development works that were bonded being accepted “on maintenance”.

Moreton Bay Regional Council COORDINATION COMMITTEE MEETING PAGE 17/60 31 January 2017 Report ITEM 2.2 DA/30044/2015/V23R - PRELIMINARY APPROVAL FOR MATERIAL CHANGE OF USE TO VARY THE EFFECT OF THE PLANNING SCHEME (S242 OF SPA) IN ACCORDANCE WITH THE RESIDENTIAL A ZONE AND DEVELOPMENT PERMIT - RECONFIGURATION OF A LOT FOR SUBDIVISION 4 INTO 44 LOTS AND BALA - A13034420 : 23 January 2017 - Refer Supporting Information (Cont.)

COORDINATION COMMITTEE MEETING PAGE 17/60 31 January 2017 Report

LANDSCAPING

12. Landscaping

(a) Carry out landscaping and associated earthworks, site

preparation and other necessary works in accordance with approved plans, details and technical specifications of any proposed planting or landscape work (both soft and hard works) where such works will be on land under the control of Council, whether as a park, reserve or road reserve. Landscaping is to accord with the Landscape Design Code and Planning Scheme Policy 30 of the PineRiversPlan, and other conditions of the approval.

(b) Before commencing the works obtain approval for the

plans, details and technical specifications of any planting or landscape work from Council.

(a) Prior to lodging a

request for Compliance Assessment of subdivision plans for each stage.

(b) Prior to work commencing on site.

DEVELOPMENT ENGINEERING

13. DE302 Replace Existing Council Infrastructure

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

Prior to lodging a request for compliance assessment of subdivision plans.

14. 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 lodging a request for compliance assessment of subdivision plans.

15. DE305 Earth Retaining Structures

(a) Design and construct all earth retaining structures within

private land in accordance with: (i) Council’s planning scheme and relevant planning

scheme policies (PSP28); (ii) Relevant Australian Standards; and (iii) Relevant Building code requirements.

(a) & (b) Prior to lodging a request for compliance assessment of subdivision plans.

Moreton Bay Regional Council COORDINATION COMMITTEE MEETING PAGE 17/61 31 January 2017 Report ITEM 2.2 DA/30044/2015/V23R - PRELIMINARY APPROVAL FOR MATERIAL CHANGE OF USE TO VARY THE EFFECT OF THE PLANNING SCHEME (S242 OF SPA) IN ACCORDANCE WITH THE RESIDENTIAL A ZONE AND DEVELOPMENT PERMIT - RECONFIGURATION OF A LOT FOR SUBDIVISION 4 INTO 44 LOTS AND BALA - A13034420 : 23 January 2017 - Refer Supporting Information (Cont.)

COORDINATION COMMITTEE MEETING PAGE 17/61 31 January 2017 Report

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. Note: Timber retaining structures and boulder retaining walls are generally not acceptable unless specifically approved in writing by Council’s Development Engineering Manager.

(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 land/premise’s current occupancy and use.

(c) Provide temporary safety fencing to all earth retaining

structures over 1.0 metre in height.

(c) At all times

16. DE400 New Council Roads – Design & Construction

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

roads (and associated works) in accordance with Council’s design standards and relevant planning scheme code Probable Solutions of the superseded Pine River Planning Scheme.

(b) Design and construct new roads in accordance with the

following classification as identified in the relevant planning scheme codes:

Road Name Classification New Road 18m Wide 7.5 m wide Collector

Road New Road 15m Wide 6 m wide Access

Street Wagner Road access 6 m wide Access

Street Note: The current design standards and relevant Planning Scheme Codes are: 1. Planning Scheme Policy 28; 2. Urban Residential Subdivision Works Design Code. This condition has been imposed under section 665 of the Sustainable Planning Act 2009.

(a) & (b) Prior to lodging a request for compliance assessment of subdivision plans.

Moreton Bay Regional Council COORDINATION COMMITTEE MEETING PAGE 17/62 31 January 2017 Report ITEM 2.2 DA/30044/2015/V23R - PRELIMINARY APPROVAL FOR MATERIAL CHANGE OF USE TO VARY THE EFFECT OF THE PLANNING SCHEME (S242 OF SPA) IN ACCORDANCE WITH THE RESIDENTIAL A ZONE AND DEVELOPMENT PERMIT - RECONFIGURATION OF A LOT FOR SUBDIVISION 4 INTO 44 LOTS AND BALA - A13034420 : 23 January 2017 - Refer Supporting Information (Cont.)

COORDINATION COMMITTEE MEETING PAGE 17/62 31 January 2017 Report

17. DEU Existing Intersection Upgrade

Undertake intersection upgrade works as identified in the Preliminary Approval Traffic Impact Assessment should the timing coincide with this stage approval. Design and construction of the upgrade is to be in accordance Council’s planning scheme, relevant planning scheme policies, the Council approved TIA (required above) and design standards current at the time of development. Note: The current design standards and relevant planning scheme codes are: 1. Planning Scheme Policy 28; 2. Urban Residential Subdivision Design Code; This condition has been imposed under section 647 of the Sustainable Planning Act 2009.

Prior to lodging a request for compliance assessment of subdivision plans.

18. DE508 Site Access Prohibited

Vehicular access directly from Wagner Road to Lots 7-14 is prohibited for traffic management and safety reasons. Note: A property condition will be attached to the affected lots to advise land owners of this restriction.

To be maintained at all times.

19. DE605 Stormwater Drainage - Lawful Discharge

Ensure that stormwater from the proposed development is lawfully discharged from the subject land without causing nuisance and annoyance to any person.

At all times.

20. DE606 Downstream Drainage Discharge –Amended Report Required

(a) The Downstream Drainage Discharge Report (DDDR)

component of the Stormwater Management Report in support of the development application is accepted in principle as demonstrating that stormwater from the proposed development can be lawfully discharged from the subject land in accordance with Council’s planning scheme requirements and design standards, subject to the following minor amendment.

(i) Demonstrate that the Stage 1 catchment discharging

to the Wagner Road and Dohles Rocks Road drainage can be undertaken without exceeding the existing capacity of the system.

(a) Prior to lodging an

application for Operational Works.

Moreton Bay Regional Council COORDINATION COMMITTEE MEETING PAGE 17/63 31 January 2017 Report ITEM 2.2 DA/30044/2015/V23R - PRELIMINARY APPROVAL FOR MATERIAL CHANGE OF USE TO VARY THE EFFECT OF THE PLANNING SCHEME (S242 OF SPA) IN ACCORDANCE WITH THE RESIDENTIAL A ZONE AND DEVELOPMENT PERMIT - RECONFIGURATION OF A LOT FOR SUBDIVISION 4 INTO 44 LOTS AND BALA - A13034420 : 23 January 2017 - Refer Supporting Information (Cont.)

COORDINATION COMMITTEE MEETING PAGE 17/63 31 January 2017 Report

Submit an amended Downstream Drainage Discharge Report with the following minor amendment demonstrating that the Stage 1 catchment discharging to the Wagner Road and Dohles Rocks Road drainage can be undertaken without exceeding the existing capacity of the system.

Note: 1. The current design standards and relevant planning

scheme codes are: (i) Planning Scheme Policy 28.

2. The approved report may only demonstrate lawful stormwater discharge at the time of its approval. At the time development works are proposed the nature and circumstances for land outside the development may have changed and a further amended or more detailed report may be required.

3. Internal works and/or detailed design of the development works may also result in necessary amendments to the approved proposal plan.

(b) Implement the works identified in the approved DDDR. This condition has been imposed under section 665 of the Sustainable Planning Act 2009.

(b) Prior to lodging a

request for compliance assessment of subdivision plans.

21. DE605 Stormwater Drainage - Lawful Discharge

Ensure that stormwater from the proposed development is lawfully discharged from the subject land without causing nuisance and annoyance to any person, including (but not limited to) the Stormwater quality objectives which must be satisfied with each stage of development.

At all times.

22. DE701 Pedestrian Pathways

Construct a 1.5 metre wide reinforced concrete pathway in accordance with Council’s standards at the following location: • Between lots 40 and 41, within the 5.0 metre wide pathway. This condition has been imposed under section 665 of the Sustainable Planning Act 2009.

Prior to lodging a request for compliance assessment of subdivision plans.

CONCURRENCE AGENCY

23. Concurrence Agency Conditions

Moreton Bay Regional Council COORDINATION COMMITTEE MEETING PAGE 17/64 31 January 2017 Report ITEM 2.2 DA/30044/2015/V23R - PRELIMINARY APPROVAL FOR MATERIAL CHANGE OF USE TO VARY THE EFFECT OF THE PLANNING SCHEME (S242 OF SPA) IN ACCORDANCE WITH THE RESIDENTIAL A ZONE AND DEVELOPMENT PERMIT - RECONFIGURATION OF A LOT FOR SUBDIVISION 4 INTO 44 LOTS AND BALA - A13034420 : 23 January 2017 - Refer Supporting Information (Cont.)

COORDINATION COMMITTEE MEETING PAGE 17/64 31 January 2017 Report

(a) Comply with the conditions of Department of State

Development and Planning response dated 2 December 2016 (reference: SDA-0415-02003) or as amended.

(b) Provide certification to Council prepared by a suitably

qualified person or the agency demonstrating the requirements of the Department of State Development and Planning have been met.

At all times.

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. 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 Charges

Payment of an Adopted Charge in accordance with Council’s Infrastructure Charges Resolution (No. 5) dated 1 September 2016 or as amended apply to this development approval. From 1 July 2014, Moreton Bay Regional Council no longer issues an Infrastructure Charges Notice on behalf of Unitywater for water supply and sewerage networks and therefore a separate Infrastructure Charges Notice may be issued directly to the applicant by Unitywater in respect to this development approval.

Moreton Bay Regional Council COORDINATION COMMITTEE MEETING PAGE 17/65 31 January 2017 Report ITEM 2.2 DA/30044/2015/V23R - PRELIMINARY APPROVAL FOR MATERIAL CHANGE OF USE TO VARY THE EFFECT OF THE PLANNING SCHEME (S242 OF SPA) IN ACCORDANCE WITH THE RESIDENTIAL A ZONE AND DEVELOPMENT PERMIT - RECONFIGURATION OF A LOT FOR SUBDIVISION 4 INTO 44 LOTS AND BALA - A13034420 : 23 January 2017 - Refer Supporting Information (Cont.)

COORDINATION COMMITTEE MEETING PAGE 17/65 31 January 2017 Report

Payment of Infrastructure Charges is to be in accordance with the Infrastructure Charges Notice issued with this development approval and any Infrastructure Charges Notice issued by Unitywater. From 1 July 2014, all Infrastructure Charges for infrastructure networks controlled by Unitywater (eg. water and/or sewerage) regardless of when the Infrastructure Charges Notice was issued are to be paid directly to Unitywater while Infrastructure Charges for networks controlled by Moreton Bay Regional Council will continue to be paid directly to Moreton Bay Regional Council.

3. DS07 Additional Development Requirements

The following property note will be attached to Council’s database for Lots 7-16: “Additional development requirements apply to this lot. Any development on this lot must be in accordance with the approved plan and associated conditions. Further details can be found in the development permit creating the lot or the development approval for the use, and the associated Council report (Delegated or Council Meeting) or approval letter. This information is available through the PD Online facility on Council’s website www.moretonbay.qld.gov.au.”

PROPERTY NOTES

4. DS08 Acoustic Advice

The following property note will be attached to Council’s database for all lots; “It is required that any residential development on this lot be designed and constructed in accordance with the relevant acoustic design and construction standards, or the specific requirements approved in the acoustic report. Further details can be found in the development permit creating the lot or the development approval for the use, and the associated Council report (Delegated or Council Meeting) or approval letter. This information is available through the PD Online facility on Council’s website www.moretonbay.qld.gov.au.”

5. PN1 Property Condition - Lots 3 - 6 (inclusive), Lots 9 - 11 (inclusive), Lots 13 - 19 (inclusive), Lots 21 - 44 (inclusive)

The following notation will be recorded on Councils database for proposed Lots 3 - 6 (inclusive), Lots 9 - 11 (inclusive), Lots 13 - 19 (inclusive), Lots 21 - 44 (inclusive): A Small Lot Plan has been prepared for this site and any development on the site is to be in accordance with the approved plan and conditions. These plans can be obtained from Council.

C. The Council annotate the Planning Scheme to reflect the preliminary approval.

Moreton Bay Regional Council COORDINATION COMMITTEE MEETING PAGE 17/66 31 January 2017 Report ITEM 2.2 DA/30044/2015/V23R - PRELIMINARY APPROVAL FOR MATERIAL CHANGE OF USE TO VARY THE EFFECT OF THE PLANNING SCHEME (S242 OF SPA) IN ACCORDANCE WITH THE RESIDENTIAL A ZONE AND DEVELOPMENT PERMIT - RECONFIGURATION OF A LOT FOR SUBDIVISION 4 INTO 44 LOTS AND BALA - A13034420 : 23 January 2017 - Refer Supporting Information (Cont.)

COORDINATION COMMITTEE MEETING PAGE 17/66 31 January 2017 Report

D. That all external Referral Agencies and the submitter for the application be provided with a copy of Council’s Decision Notice.

REPORT DETAIL 1. Background Lot 1 RP 160721 and Lot 3 RP 96824 Nil. Lot 504 SP284808 On 15 June 2011, Council issued a Negotiated Decision Notice for the approved Material Change of Use - Preliminary Approval to vary the Planning Scheme (s3.1.6 of the Integrated Planning Act 1997) by applying a modified Table of Assessment for Open Space and Residential Uses (DA/15982/2006/DA). The approval has a currency period of ten (10) years. On 11 September 2013, Council approved a Reconfiguring a Lot – Development Permit for Subdivision (1 into 58 Lots – Stage 1) (DA/26502/2012/DA). On 9 January 2015, Council approved a Reconfiguring a Lot – Development Permit for Subdivision (1 into 72 Lots - Stage 2 and 3) (DA/29056/2014/V3RL). On 31 August 2015, Council approved a Reconfiguring a Lot – Development Permit for Subdivision (1 into 52 Lots and Balance Lot - Stage 4) (DA/30282/2015/V3RL). Lot 504 SP284808 was established as part of Stage 4 as a balance lot. Lot 504 SP284808 will be subject to two (2) Preliminary Approvals. However, both Preliminary Approvals seek to establish residential uses in accordance with the PineRiversPlan. In this instance, Draft Concept plan, DCP01 Version 6a, prepared by Wolter Consulting Group, dated 19 October 2015, seeks to develop Lot 504 SP284808 as part of future Stage 2 and is subject to Code Assessment. A conflict (if any) between the two Preliminary Approvals will be required to be resolved by the applicant prior to the determination of Stage 2. Lot 2 SL9127 On 7 November 2016, an application for Operational Works - Earthworks was lodged with Council. This application is currently being assessed by Council and seeks to fill the site to levels that comply with Council’s flood immunity requirements (DA/32930/2016/V4E). 2. Explanation of Item 2.1 Proposal Details This application seeks a Preliminary Approval for a Material Change of Use to vary the now superseded PineRiversPlan (s242 of the Sustainable Planning Act 2009) by applying the Residential A Zone. The application is also seeking a Development Permit - Reconfiguring a Lot for Subdivision 4 into 44 Lots and Balance Lot (Stage 1). The site is located within the Future Urban Zone. The Preliminary Approval is seeking Residential A zoning over the site to allow for the future development of the site generally in accordance with a draft concept plan. The draft concept plan demonstrates the site

Moreton Bay Regional Council COORDINATION COMMITTEE MEETING PAGE 17/67 31 January 2017 Report ITEM 2.2 DA/30044/2015/V23R - PRELIMINARY APPROVAL FOR MATERIAL CHANGE OF USE TO VARY THE EFFECT OF THE PLANNING SCHEME (S242 OF SPA) IN ACCORDANCE WITH THE RESIDENTIAL A ZONE AND DEVELOPMENT PERMIT - RECONFIGURATION OF A LOT FOR SUBDIVISION 4 INTO 44 LOTS AND BALA - A13034420 : 23 January 2017 - Refer Supporting Information (Cont.)

COORDINATION COMMITTEE MEETING PAGE 17/67 31 January 2017 Report

can be developed for a range of lot sizes to support a range of residential uses including Small lots, Detached dwellings, Duplex dwellings and Multiple dwelling units for Stage 6. 2.2 Site and Locality

2.2.1 Existing Use Vacant. 2.2.2 Topography The land is of low relief with a maximum height of 15.00m AHD in the centre of the site and falling southwards to 3.00m AHD and north to 10.00m AHD along Wagner and Dohles Rocks Road.

2.2.3 Surrounding Land Use

Direction Planning

Scheme Zone Current Land Use

North Future Urban Dohles Rocks Road, and Energex Subdivision. South Future Urban Vacant. Under construction in accordance with

Reconfiguring a Lot - Development Permit for Subdivision (1 Lot into 74 Lots) - Stages 1 - 4 (DA/2958/2014/V23R).

East Future Urban Detached Houses in accordance with Reconfiguring a Lot – Development Permit for Subdivision (1 into 52 Lots and Balance Lot - Stage 4) (DA/30282/2015/V3RL).

West Road Reserve Bruce Highway. 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 has informed the Council’s Adopted Infrastructure Charges Resolution that is discussed in section 2.6 of this report.

State Planning Regulatory Provisions (Adult Stores)

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

South East Queensland Koala Conservation State

Priority Koala Assessable Development Area

The site is located in a Priority Koala Assessable Development Area and is mapped as having Medium value bushland and Medium value rehabilitation. Stage

Moreton Bay Regional Council COORDINATION COMMITTEE MEETING PAGE 17/68 31 January 2017 Report ITEM 2.2 DA/30044/2015/V23R - PRELIMINARY APPROVAL FOR MATERIAL CHANGE OF USE TO VARY THE EFFECT OF THE PLANNING SCHEME (S242 OF SPA) IN ACCORDANCE WITH THE RESIDENTIAL A ZONE AND DEVELOPMENT PERMIT - RECONFIGURATION OF A LOT FOR SUBDIVISION 4 INTO 44 LOTS AND BALA - A13034420 : 23 January 2017 - Refer Supporting Information (Cont.)

COORDINATION COMMITTEE MEETING PAGE 17/68 31 January 2017 Report

Name Designation Applicable Requirements Planning Regulatory Provisions

1 is located within the Medium value rehabilitation area and is clear of vegetation. The mapped Medium value bushland area is located within the south west corner of the site. In accordance with the draft concept plan this part of the site will be transferred to Council as open space for the purpose of drainage reserve within stage 6 of the development.

Southeast Queensland Regional Plan 2009-2031 (SEQRP) State Planning Regulatory Provisions - May 2014 Version

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 29 April 2016, the amended 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 include a statuary code the development is required to be assessed against. Assessment against the SPP is as follows;

State interest - Liveable Communities

Applicable to Development SPP Requirement Comment

☐ No None Not applicable

State interest - Mining and Extractive Resources

Applicable to Development SPP Requirement Comment

☐ No

None

Not applicable

State interest - Biodiversity

Applicable to Development SPP Requirement Comment

☐ Yes Development: (1) enhances matters of state

environmental significance where possible, and

(2) identifies any potential significant adverse environmental impacts on matters of state environmental significance, and

An assessment of the proposed development has been undertaken against the applicable SPP requirements, and the proposal is considered to comply. The land contains mapped Regulated Vegetation (intersecting a water course).

Moreton Bay Regional Council COORDINATION COMMITTEE MEETING PAGE 17/69 31 January 2017 Report ITEM 2.2 DA/30044/2015/V23R - PRELIMINARY APPROVAL FOR MATERIAL CHANGE OF USE TO VARY THE EFFECT OF THE PLANNING SCHEME (S242 OF SPA) IN ACCORDANCE WITH THE RESIDENTIAL A ZONE AND DEVELOPMENT PERMIT - RECONFIGURATION OF A LOT FOR SUBDIVISION 4 INTO 44 LOTS AND BALA - A13034420 : 23 January 2017 - Refer Supporting Information (Cont.)

COORDINATION COMMITTEE MEETING PAGE 17/69 31 January 2017 Report

(3) manages the significant adverse environmental impacts on matters of state environmental significance by protecting the matters of state environmental significance from, or otherwise mitigating, those impacts.

This part of the site contains a Dam used for historical agricultural practices over the site and is clear of vegetation. The applicant will be required to remove the dam as part of the future development of site and will not result in any potential significant adverse environmental impacts on the site or surrounding locality.

State interest – Coastal Environment

Applicable to Development SPP Requirement Comment

☐ No

None

Not applicable

State interest – Water Quality

Applicable to Development SPP Requirement Comment

☐ 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.

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 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:

An assessment of the proposed development has been undertaken against the applicable SPP requirements, and the proposal complies. As part of the common material submitted for assessment, the applicant provided a Stormwater Management Plan that formed part of the approved documents for the overall development of the site. In this instance, the approved Stormwater Management Plan, demonstrates that stormwater quality and quantity treatments will comply with the State Planning Policy and Council requirements. Acid Sulfate Soils Part of the site is located within an area that has potential for acid sulfate soils (below 5m AHD). This part of the site is proposed to be filled to achieve flood immunity as part of the works undertaken by the development to the south (DA/29589/2014/V23R). This part of the site is not subject to subdivision as part of Stage 1 of the development.

Moreton Bay Regional Council COORDINATION COMMITTEE MEETING PAGE 17/70 31 January 2017 Report ITEM 2.2 DA/30044/2015/V23R - PRELIMINARY APPROVAL FOR MATERIAL CHANGE OF USE TO VARY THE EFFECT OF THE PLANNING SCHEME (S242 OF SPA) IN ACCORDANCE WITH THE RESIDENTIAL A ZONE AND DEVELOPMENT PERMIT - RECONFIGURATION OF A LOT FOR SUBDIVISION 4 INTO 44 LOTS AND BALA - A13034420 : 23 January 2017 - Refer Supporting Information (Cont.)

COORDINATION COMMITTEE MEETING PAGE 17/70 31 January 2017 Report

(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

Applicable to Development SPP Requirement Comment

☐ No

None

Not applicable

State interest – Natural Hazards

Applicable to Development SPP Requirement Comment

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

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

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

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

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

An assessment of the proposed development has been undertaken against the applicable SPP requirements, and the proposal complies. Part of the site is impacted by flooding (Lot 2 SL9127). This part of the site is proposed to be filled to achieve flood immunity as part of the works undertaken by the development to the south (DA/29589/2014/V23R). This part of the site is not subject to subdivision as part of Stage 1 of the development.

Moreton Bay Regional Council COORDINATION COMMITTEE MEETING PAGE 17/71 31 January 2017 Report ITEM 2.2 DA/30044/2015/V23R - PRELIMINARY APPROVAL FOR MATERIAL CHANGE OF USE TO VARY THE EFFECT OF THE PLANNING SCHEME (S242 OF SPA) IN ACCORDANCE WITH THE RESIDENTIAL A ZONE AND DEVELOPMENT PERMIT - RECONFIGURATION OF A LOT FOR SUBDIVISION 4 INTO 44 LOTS AND BALA - A13034420 : 23 January 2017 - Refer Supporting Information (Cont.)

COORDINATION COMMITTEE MEETING PAGE 17/71 31 January 2017 Report

release of these materials as a result of a natural hazard, and

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

State interest – State Transport Infrastructure

Applicable to Development SPP Requirement Comment

☐ No

None

Not applicable

State interest – Strategic Airports and Aviation Facilities

Applicable to Development SPP Requirement Comment

☐ No

None

Not applicable

2.4 Local Planning Instrument Assessment – Pine Rivers Plan

The Future Urban Zone of the PineRiversPlan envisages that upon provision and availability of infrastructure required to service urban development the predominant form of development is low density residential uses. A range of residential, commercial, retail, service industry, recreation and community uses of an appropriate scale and intensity are also envisaged in suitable locations. The proposed development will be fully serviced by all urban infrastructure and conditions are recommended in this regard to ensure construction of the infrastructure is provided. The site is located in the Northern Growth Corridor (NGC) and is subject to the Griffin Local Area Plan (GLAP). The GLAP development model seeks a diversity of housing options and accommodation types, densities and residential allotment sizes. Pursuant to the GLAP, the site is identified as having a minimum residential density requirement of between 12 and 25 dwellings per hectare (du/ha). A density of 15.40 lots per hectare has been proposed over the site in accordance with the draft structure plan (251 lots over 16.3263ha). The ultimate density from this proposal may actually be higher in the future with the inclusion of six (6) lots within Stage 6 that could be developed with Multiple dwelling units. This remains consistent with the overall strategic intent of the GLAP. The GLAP also requires land below the Q100 flood line to be contained within open space and drainage reserves. The subject site has been confirmed as containing land located below the Q100 flood line (Lot 2 SL9127). The draft concept plan for the site seeks to dedicate part of the site below the Q100 as drainage purposes as part of Stage 6 of the development. The remaining part of the site effected by flooding is subject to an Operational Works application for earthworks currently being assessed by Council (DA/32930/2016/V4E) as part of the approved Reconfiguring a Lot - Development Permit for Subdivision (1 Lot into 74 Lots) - Stages 1 - 4 (DA/2958/2014/V23R). At the completion of earthworks this part of the site will be at or above the Q100.

Moreton Bay Regional Council COORDINATION COMMITTEE MEETING PAGE 17/72 31 January 2017 Report ITEM 2.2 DA/30044/2015/V23R - PRELIMINARY APPROVAL FOR MATERIAL CHANGE OF USE TO VARY THE EFFECT OF THE PLANNING SCHEME (S242 OF SPA) IN ACCORDANCE WITH THE RESIDENTIAL A ZONE AND DEVELOPMENT PERMIT - RECONFIGURATION OF A LOT FOR SUBDIVISION 4 INTO 44 LOTS AND BALA - A13034420 : 23 January 2017 - Refer Supporting Information (Cont.)

COORDINATION COMMITTEE MEETING PAGE 17/72 31 January 2017 Report

The proposed development meets the outcomes sought for an urban residential subdivision in the GLAP and is recommended for approval, subject to conditions.

2.4.1 Desired Environmental Outcomes As the proposed development achieves, or can be conditioned to achieve the outcomes sought by the relevant codes of the PineRiversPlan, the Desired Environmental Outcomes are not compromised by the development. 2.4.2 Assessment of Applicable Codes Urban Locality – Future Urban The overall outcomes of the Future Urban Zone of the Urban Locality Code contained within the PineRiversPlan envisage that upon provision and availability of infrastructure required to service urban development, the predominant form of development will be low density residential uses.

Although predominantly low-density residential uses are identified in the overall outcomes of the zone, Specific Outcome 4 of the Urban Locality Code identifies that medium density residential uses may be developed in appropriate locations, including: (1) Sites in close proximity to centres and community facilities; (2) Sites adjacent to district and regional parks and open space and the Coast and River Lands

Locality, with a high level of visual amenity; (3) Sites within easy walking distance (approximately 400-500m) of existing and committed future

railways stations or bus facilities;

The site is appropriate to support medium density development (Multiple dwelling units) in accordance with the Residential A zone planning provisions for the following reasons: • The site is in proximity to the recent shopping centre development at 2 Goodrich Road West,

Murrumba Downs approximately 1.5 km west of the site.

• The future development of the site for a Multiple dwelling is supported by the GLAP. The GLAP supports the use of the site for medium density residential uses and envisages a range of housing products, including townhouses, being developed in accordance with the GLAP.

Applicable Codes Code Compliance Alternative Solutions Proposed

Zone/ Locality Code Urban Locality Yes Urban Locality – Future Urban Yes Urban Locality – Residential A Yes Development Codes Urban Residential Subdivision Design Code Yes

Subdivision in all Other Zones Design Code Yes SO2 (PS2)

Detached Houses on Small Residential Lots Code Yes SO1 (PS1.2)

Overlay Codes

Moreton Bay Regional Council COORDINATION COMMITTEE MEETING PAGE 17/73 31 January 2017 Report ITEM 2.2 DA/30044/2015/V23R - PRELIMINARY APPROVAL FOR MATERIAL CHANGE OF USE TO VARY THE EFFECT OF THE PLANNING SCHEME (S242 OF SPA) IN ACCORDANCE WITH THE RESIDENTIAL A ZONE AND DEVELOPMENT PERMIT - RECONFIGURATION OF A LOT FOR SUBDIVISION 4 INTO 44 LOTS AND BALA - A13034420 : 23 January 2017 - Refer Supporting Information (Cont.)

COORDINATION COMMITTEE MEETING PAGE 17/73 31 January 2017 Report

Bushfire Hazard Area Overlay Code Yes Infrastructure Facilities Buffers Overlay Code Yes

Erosion Prone Areas Overlay Code Yes Major Flood Events Code Yes Acid Sulfate Soils Overlay Code Yes Miscellaneous Codes Site Earthworks Code Yes Infrastructure Works Code Yes Setbacks Code Yes Landscaping Design Code Yes

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

Subdivision in All Other Zones Design Code SO 2 All lots have adequate road frontage for easy and safe access.

PS 2 Lots have a minimum frontage in the following zones: ………… Future Urban – 25 metres …………

Alternative Solution/s Assessment The application is seeking a combined Material Change of Use – Preliminary Approval to vary the effect of the now superseded PineRiversPlan to apply the Residential A zone to the land. The proposed subdivision is seeking an urban residential subdivision to establish lots suitable for detached houses on small residential lots, and residential lots in accordance with the Residential A zone. The proposed lots achieve the lot sizes and shapes associated with small lot housing, and small lot plans have been provided to demonstrate the development complies with the Detached Houses on Small Residential Lots Code. Therefore, the proposed development complies with the corresponding specific outcome, despite the proposed frontage width for the proposed small lots.

Detached Houses on Small Residential Lots Code SO 1 Building size is consistent with that prevailing in the locality and buildings are of a domestic scale in their footprint and height.

PS 1.2 The building footprint does not exceed 50% of the site area. For a rear access allotment, the building footprint does not exceed 50% of the site area excluding the access way. In calculating the building footprint, measurements must be taken from the outermost projections of all covered structures, including covered or uncovered pergolas, but excluding eaves or other sun shading devices projecting out from the walls.

Alternative Solution/s Assessment

Moreton Bay Regional Council COORDINATION COMMITTEE MEETING PAGE 17/74 31 January 2017 Report ITEM 2.2 DA/30044/2015/V23R - PRELIMINARY APPROVAL FOR MATERIAL CHANGE OF USE TO VARY THE EFFECT OF THE PLANNING SCHEME (S242 OF SPA) IN ACCORDANCE WITH THE RESIDENTIAL A ZONE AND DEVELOPMENT PERMIT - RECONFIGURATION OF A LOT FOR SUBDIVISION 4 INTO 44 LOTS AND BALA - A13034420 : 23 January 2017 - Refer Supporting Information (Cont.)

COORDINATION COMMITTEE MEETING PAGE 17/74 31 January 2017 Report

The application proposes small residential Lots (<500m2 or frontage <15m) and accordingly a Small Lot Plan has been proposed for the development. The Detached Houses on Small Residential Lots Code Probable Solution PS1.2 nominates a maximum building footprint not exceeding 50% of the site area. The development application seeks a higher site coverage for lots less than 400m2 of 55% to allow for open framed elements such as patios and alfresco areas, with the maximum 60% site cover. This matter has been considered and is consistent with building envelopes approved on other Small Lot development. It is accepted that the proposal achieves the Specific Outcome.

2.4.3 Non Standard Conditions Nil

2.5 Other Planning Matters

2.5.1 Moreton Bay Regional Council Planning Scheme

On the 24 November 2015, the Moreton Bay Regional Council Planning Scheme (MBRC Planning Scheme) was adopted, taking effect 1 February 2016. Under the MBRC Planning Scheme, the land is mapped within the General Residential zone and is located within the Next Generation Neighbourhood precinct - place type Coast and River lands. The Next Generation Neighbourhood precinct supports a density of between 15 and 75 dwelling per hectare, with neighborhoods having a mix of residential uses, tenure and densities on a variety of lot sizes providing housing choice and affordability for different lifestyle choices and life stages to meet diverse community needs. In this instance, the development seeks to achieve a net residential density of approximately 10.25 dwelling per hectare, with higher densities expected with the future development of the six (6) large lots with stage 6 of the development. In this instance, despite the subdivision not achieving the outcomes sought by the Next Generation Neighbourhood precinct with regard to net residential density, the ultimate residential density is expected to exceed 15 with the development of the Multiple Dwelling (MUD) lots within Stage 6. It is also noted that the subdivision is consistent with recently approved subdivisions under construction to the east and south of the site and will provide suitable infill development that will integrate well with its surrounds in terms of lot sizes, and road connections.

The land is mapped as being within the Coastal Hazards Overlay (Balance area) and Flood Hazard Overlay and is subject to medium risk and balance area flood hazards. The applicant has demonstrated that filling of this part of the site is to occur under an Operational Works permit for earthworks currently being assessed by Council that will provide development levels complying with Council’s flood immunity requirements (DA/32930/2016/V4E).

2.6 Infrastructure Charges

In accordance with section 4 of the Moreton Bay Regional Council Planning Scheme, the subject site is located in the identified Priority Infrastructure Area. Infrastructure charges applying to the land, where applicable, are to be applied in accordance the Council’s Infrastructure Charges Resolution No. 5 commencing on 1 September 2016 (ICR).

2.6.1 Levied Charge

In accordance with section 10 of the ICR, a Levied Charge is applicable to the development proposal and has been calculated as shown in the Infrastructure Charges Notice attached to this report taking into consideration any applicable credits or offsets.

Moreton Bay Regional Council COORDINATION COMMITTEE MEETING PAGE 17/75 31 January 2017 Report ITEM 2.2 DA/30044/2015/V23R - PRELIMINARY APPROVAL FOR MATERIAL CHANGE OF USE TO VARY THE EFFECT OF THE PLANNING SCHEME (S242 OF SPA) IN ACCORDANCE WITH THE RESIDENTIAL A ZONE AND DEVELOPMENT PERMIT - RECONFIGURATION OF A LOT FOR SUBDIVISION 4 INTO 44 LOTS AND BALA - A13034420 : 23 January 2017 - Refer Supporting Information (Cont.)

COORDINATION COMMITTEE MEETING PAGE 17/75 31 January 2017 Report

2.6.2 Levied Charge Credit In accordance with section 14 of the ICR, a credit exists for the development based on the credit being the greater of the following amounts: (a) Payment of previous charges or contributions

There is no record of a previous charge or contribution having been made in relation to the land in accordance with section 15 of the ICR. Accordingly, the credit available under this option is $0.00.

(b) Lawful use of the land

There is no current existing lawful use of the land or record of a previous lawful use of the land that is no longer taking place. Accordingly, the credit available under this option is $0.00.

(c) Other development able to occur without a development permit

There is no other development able to be lawfully carried out without a development permit (including a development permit for Building Works). Accordingly, the credit available under this option is $0.00.

(d) The adopted charge for a residential lot (applied equally to non-residential development) The credit available under this option is $50,960.16 (3 X $16,986.72) based on the proportional split stated in Table 4 of the ICR.

Note: Despite the Preliminary Approval being over four (4) lots, the Development Permit for a Reconfiguring a Lot is over Lot 1 RP 160721, Lot 2 SL 9127 and Lot 3 RP 96824 only.

2.6.3 Levied Charge Offset or Refund

The site is affected by a Trunk Infrastructure requirement and it is recommended to include a condition in the development approval requiring the trunk infrastructure item to be delivered by the development in its final form. The item includes works to undertake the upgrade of the intersection of Dohles Rocks Road and Bettson Boulevard as part of Stage 1 of the development.

In accordance with section 18 of the ICR, it has been calculated that the trunk infrastructure item has an Establishment Cost that is yet to be confirmed. However, the value of the offset may exceed the levied charge with the balance of the offset required to be used for the future stages of the development of the site.

2.6.4 Additional Trunk Infrastructure Costs

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

the development assumed in the ICR; or (b) requires new trunk infrastructure earlier than when identified in the ICR; or (c) is located completely or partly outside the Priority Infrastructure Area and the development

will impose additional trunk infrastructure costs on Council after taking into account the levied charge and any trunk infrastructure provided, or to be provided by the development.

Moreton Bay Regional Council COORDINATION COMMITTEE MEETING PAGE 17/76 31 January 2017 Report ITEM 2.2 DA/30044/2015/V23R - PRELIMINARY APPROVAL FOR MATERIAL CHANGE OF USE TO VARY THE EFFECT OF THE PLANNING SCHEME (S242 OF SPA) IN ACCORDANCE WITH THE RESIDENTIAL A ZONE AND DEVELOPMENT PERMIT - RECONFIGURATION OF A LOT FOR SUBDIVISION 4 INTO 44 LOTS AND BALA - A13034420 : 23 January 2017 - Refer Supporting Information (Cont.)

COORDINATION COMMITTEE MEETING PAGE 17/76 31 January 2017 Report

In this instance, having assessed the proposed development, it does not warrant the imposition of an additional payment condition.

2.7 Referrals

2.7.1 Concurrence Agencies • Department of Infrastructure Local Government and Planning The application was referred to the Department of State Development Infrastructure and Planning (DSDIP) for State-controlled Roads. Council was advised on 2 December 2016 that the Department has no objection to the proposal subject to a number of conditions, which will be attached to Council’s decision notice. Conditions imposed by the Department relate to Traffic noise attenuation, and stormwater runoff.

2.7.2 Advice Agencies

• Energex The application was referred to Energex. Council was advised on 14 May 2015 that Energex had no object to the proposal subject to a number of conditions. This included all balconies and windows of residential dwellings/ duplexes proposed on lots fronting Wagner Road and located within 100 metre of the Griffin substation (Lot 4 SP230196) are to be provided with fixed screening devices where located above ground level and with north western perspectives towards the Griffin substation. The above requirement was requested to be adopted in response to the development’s proximity to the Griffin Bulk Supply Substation (Lot 4 on SP230196) and the need for the infrastructure to continue functioning in its current state. Specifically, the requirement seeks to address visual amenity impacts which have the potential to arise due to the introduction of sensitive receptors within close proximity to electrical infrastructure. A recommendation of this report addressing Energex’s concern is a Condition requiring the balconies and windows of a Detached House and / or a Duplex Dwelling are to be provided with fixed screened windows where located above the ground floor (first floor) where facing north to north westerly direction towards the Griffin substation. It is noted that the Energex requirement for a minimum 2.00 metre high fence along Wagner Road to screen the substation is satisfied through the condition imposed by DILGP requiring an acoustic barrier with a minimum height of 3.00 metres.

2.7.3 Third Party Agencies

There were no Third Party Agencies involved in assessing this application. 2.7.4 Internal Referral

2.7.4.1 Development Engineering Traffic and Transport The site has access to Wagner Road to the west and the intersection of Wagner and Dohles Rocks Road to the north. Stage 1 of the development seeks to establish access through the existing

Moreton Bay Regional Council COORDINATION COMMITTEE MEETING PAGE 17/77 31 January 2017 Report ITEM 2.2 DA/30044/2015/V23R - PRELIMINARY APPROVAL FOR MATERIAL CHANGE OF USE TO VARY THE EFFECT OF THE PLANNING SCHEME (S242 OF SPA) IN ACCORDANCE WITH THE RESIDENTIAL A ZONE AND DEVELOPMENT PERMIT - RECONFIGURATION OF A LOT FOR SUBDIVISION 4 INTO 44 LOTS AND BALA - A13034420 : 23 January 2017 - Refer Supporting Information (Cont.)

COORDINATION COMMITTEE MEETING PAGE 17/77 31 January 2017 Report

development east of the site (Leapai Parade), connecting to Dohles Rocks Road via Bettson Boulevard. Direct access is not available for lots adjoining Wagner and Dohles Rocks Road as Wagner Road will be ultimately closed by the Department of Transport and Main Roads (DTMR). At the time of Council’s information request the applicant was required to demonstrate access was to be provided to Lot 3 on RP141209, a triangular parcel of land that adjoins the Bruce Highway, Dohles Rocks Road and Wagner Road north of the site. The applicant was also requested to submit a Traffic Impact Assessment (TIA) to determine the development demand on the intersection of Bettson Boulevard and Dohles Rocks Road, triggering an intersection upgrade including signalisation.

The applicant declined to provide a TIA as part of the common material to support the development. A recommendation of this report addressing future impact of the development on the intersection is a Condition requiring the applicant to submit a TIA to Council for approval demonstrating the extent of the intersection upgraded throughout each stage of the development. It is noted that Dohles Rocks Road is identified on the Priority Infrastructure Planning (PIP) as future road upgrade. However, the intersection of Bettson Boulevard and Dohles Rocks Road is not included. The original intersection was constructed at the time of dedication of Bettson Boulevard and was subject to an Infrastructure Agreement between the developer and Moreton Bay Regional Council (DA/26502/2012/IA/1 and DA/26502/2012/IA/2). The intersection was essentially paid for by Council as an offset to infrastructure charges. To maintain consistency with the previous creditable works and land dedication a recommendation of this report is to accept any required upgrade to the intersection of Bettson Boulevard and Dohles Rocks Road in accordance with an approved TIA as creditable works against the Infrastructure Charge for the development. A recommendation of this report is a condition requiring the applicant to provide a Traffic Impact Assessment to investigate the intersection configuration based on predicated traffic volumes. To this extent creditable works would be limited to the signalisation of the intersection and minor line marking changes as part of the signalisation of the intersection.

Stormwater Management and Drainage Discharge The site grades to both the north and south and the applicant has proposed three points of stormwater discharge: • 1.894 ha discharges north to the open drainage onto Wagner Road then onto Dohles Rock

Rd, • 0.505 ha discharges into the existing approved piped drainage of the development to the east

(DA30282/2015/V3RL), and • The balance of the site discharges south to the open channel within the adjoining approved

development to the south (DA/29589/2014/V23R). The submitted stormwater management plan by H&T Watson Consultants to support the development has been superseded by an approved SMP on the adjoining site (DA/29589/2014/XT/1). Suitable stormwater treatment has been incorporated into the development to the south. The report indicates fill and stormwater treatment works in conjunction with the approved development to the south and is the subject of a Deed of Consent and Works between the developers/property owners. The Stormwater quantity treatment satisfies Council requirements in total but does not consider the 1.894 ha catchment discharging to Wagner Road un-attenuated. A recommendation of this report addressing this matter is Stage 1 of the development be conditioned to either demonstrate capacity within the Wagner Road and Dohles Rocks Road drainage infrastructure to cater for the additional discharge or attenuate the flows. Stormwater quality treatment will also be required for this stage. The smaller catchment of 0.505 ha discharging to the eastern development will be treated by the adjoining approved stormwater devices.

Moreton Bay Regional Council COORDINATION COMMITTEE MEETING PAGE 17/78 31 January 2017 Report ITEM 2.2 DA/30044/2015/V23R - PRELIMINARY APPROVAL FOR MATERIAL CHANGE OF USE TO VARY THE EFFECT OF THE PLANNING SCHEME (S242 OF SPA) IN ACCORDANCE WITH THE RESIDENTIAL A ZONE AND DEVELOPMENT PERMIT - RECONFIGURATION OF A LOT FOR SUBDIVISION 4 INTO 44 LOTS AND BALA - A13034420 : 23 January 2017 - Refer Supporting Information (Cont.)

COORDINATION COMMITTEE MEETING PAGE 17/78 31 January 2017 Report

To ensure the necessary stormwater infrastructure has been provided within the downstream catchment, a recommendation of this report is a condition requiring the applicant to ensure that stormwater from the proposed development is lawfully discharged from the subject land without causing nuisance and annoyance to any person, including (but not limited to) the Stormwater quality objectives which must be satisfied with each stage of development. Acid Sulfate Soil A portion of the development adjoining the water course to the south is below 5 m AHD and will be filled to provide the required lot flood immunity. This work is proposed to be undertaken by the development to the south (DA/29589/2014/V23R) and acid sulfate issues addressed by the operational works approval. Should the work be undertaken by this development under future Stages 3, 4 and 5, current acid sulfate soil requirements may be applied at that time. Earthworks The site contains a ridge running east to west with an elevation difference of 5.00 metres (5.5% grade) to the north and 11.00 metres (6.25% grade) to the south (allowing for a fill level to provide flood free lots). The concept planning for the preliminary approval contains no indication of proposed lot levels and or retaining wall heights. The common material in support of Stage 1 indicates retaining walls with a maximum height of 1.8 metre and generally limited to rear boundaries or road frontages.

Major Flood Hazard Overlay A portion of the development is identified within the Major Flood Events Overlay area. This is limited to the southern side of Lot 2 SL9127 containing a drainage channel in conjunction with the property to the south. The land to the south (Lot 1 SL9127) has a current development approval (DA/29589/2014/V23R) and seeks to fill Lot 2 and provide development levels complying with Council’s flood immunity requirements. The adjoining development applicant has approval from this applicant for the earthworks and the approved SMP (DA29589/2014/XT/1) demonstrates compliance with the Major Flood Events Overlay Code.

2.7.4.2 Environmental Health Waste Management Bin pad are required for Lot 6, 7, and 8. A recommendation of this report addressing bin pads is a condition requiring amended plans showing the location of bin pads for Lot 6, 7, and 8.

Acoustic A Traffic Noise Study prepared by Renzo Tonin Ron Rumble, dated 10 November 2016 has been provided in support of the development application. The assessment has evaluated the impact of noise from the Bruce Highway, Dohles Rocks Road and the North South Urban Arterial (NSUA). The application is referrable as the development is within 25 metres of a state controlled road (Bruce Highway). In this instance, conditions relating to construction of the recommended acoustic barriers will be applied by DTMR. In this instance, the approved acoustic barrier will be 3.00 metres in height at the rear of Lot 7, being the north-east corner of the site (Dohles Rocks Road) increasing to a maximum height of 6.00 metres at MUD Lot 1 at the south-west corner of the site (Wagner Road). The acoustic barrier will front directly onto both Wagner Road and Dohles Rocks Road. However, Wagner Road will

Moreton Bay Regional Council COORDINATION COMMITTEE MEETING PAGE 17/79 31 January 2017 Report ITEM 2.2 DA/30044/2015/V23R - PRELIMINARY APPROVAL FOR MATERIAL CHANGE OF USE TO VARY THE EFFECT OF THE PLANNING SCHEME (S242 OF SPA) IN ACCORDANCE WITH THE RESIDENTIAL A ZONE AND DEVELOPMENT PERMIT - RECONFIGURATION OF A LOT FOR SUBDIVISION 4 INTO 44 LOTS AND BALA - A13034420 : 23 January 2017 - Refer Supporting Information (Cont.)

COORDINATION COMMITTEE MEETING PAGE 17/79 31 January 2017 Report

ultimately be decommissioned after Bettson Boulevard is extended south to connect to the existing residential estate utilising Wagner Road. At the time of the determination of this application the timing of the closure of Wagner Road had not been confirmed and the extent to which the Department of Transport and Main Roads will utilise part of Wagner Road for the future upgrade to the Dohles Rocks Road interchange is unknown.

The assessment identified the relevant noise category, from MP 4.4 of the QDC that would apply to the façade of lower and upper levels of future dwellings on each lot. The QDC requires that all future dwellings will need to be constructed to meet the requirements of MP4.4 and therefore conditions requiring this are unnecessary. It is appropriate however that a relevant property note is applied to all lots alerting future owners as to the outcomes of the acoustic assessment. As a consequence the recommendations of this report include the following property note:

2.8 Public Consultation

2.8.1 Public Notification Requirements under the Sustainable Planning Act 2009

(a) Public Notification was served on all adjoining landowners on 8 December 2015, (b) The development application was advertised in the Pine Rivers Press on 10 December

2015; and (c) A notice in the prescribed form was posted on the relevant land on 10 December 2015

and maintained for a period of 30 business days until 11 February 2016. 2.8.2 Submissions Received

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

Type Number of Signatures

Number of Submissions

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

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

Assessment of Submissions Issue Energex advice agency response dated 14 May 2015, included advice that Moreton Bay Regional Council should treat the response as a properly made submission as per Section 292 (3) of the Sustainable Planning Act 2009. Discussion Energex advice agency response includes a request for conditions to be imposed on the development. The request included:

• A minimum fence height of 2.0 metres along Wagner Road to screen the substation. This has been satisfied through the relevant conditions imposed on the development by

Moreton Bay Regional Council COORDINATION COMMITTEE MEETING PAGE 17/80 31 January 2017 Report ITEM 2.2 DA/30044/2015/V23R - PRELIMINARY APPROVAL FOR MATERIAL CHANGE OF USE TO VARY THE EFFECT OF THE PLANNING SCHEME (S242 OF SPA) IN ACCORDANCE WITH THE RESIDENTIAL A ZONE AND DEVELOPMENT PERMIT - RECONFIGURATION OF A LOT FOR SUBDIVISION 4 INTO 44 LOTS AND BALA - A13034420 : 23 January 2017 - Refer Supporting Information (Cont.)

COORDINATION COMMITTEE MEETING PAGE 17/80 31 January 2017 Report

DILGP, requiring a minimum 3.00 metre high acoustic barrier for Wagner Road for Stage 1.

• All balconies and windows of residential dwellings/ duplexes proposed on lots fronting

Wagner Road and located within 100 metre of the Griffin substation (Lot 4 SP230196) are to be provided with fixed screening devices where located above ground level and with north western perspectives towards the Griffin substation.

The above condition was requested to be adopted in response to the development’s proximity to the Griffin Bulk Supply Substation (Lot 4 on SP230196) and the need for the infrastructure to continue functioning in its current state. Specifically, the condition seeks to address visual amenity impact which have the potential to arise due to the introduction of sensitive receptors within close proximity to electrical infrastructure. A recommendation of this report addressing Energex’s concern is a Condition requiring the balconies and windows of a Detached House and / or a Duplex Dwelling are to be provided with fixed screened windows where located above the ground floor (first floor) where facing north to north westerly direction towards the Griffin substation. This is not sufficient grounds for refusal of the application.

2.8.3 Notice of Compliance

The Notice of Compliance was received by Council on 11 February 2016. The Notice of Compliance identifies that the public notification requirements for the development application were correctly undertaken in accordance with the requirements of Chapter 6, Part 4, Division 2 of the Sustainable Planning Act 2009.

3. Strategic Implications 3.1 Legislative/Legal Implications

The applicant and submitter 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 No policy implications.

3.4 Risk Management Implications

No risk management considerations.

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) Infrastructure contributions and infrastructure offsets are applicable.

3.7 Economic Benefit Appropriate developments support the growth of the Moreton Bay region

Moreton Bay Regional Council COORDINATION COMMITTEE MEETING PAGE 17/81 31 January 2017 Report ITEM 2.2 DA/30044/2015/V23R - PRELIMINARY APPROVAL FOR MATERIAL CHANGE OF USE TO VARY THE EFFECT OF THE PLANNING SCHEME (S242 OF SPA) IN ACCORDANCE WITH THE RESIDENTIAL A ZONE AND DEVELOPMENT PERMIT - RECONFIGURATION OF A LOT FOR SUBDIVISION 4 INTO 44 LOTS AND BALA - A13034420 : 23 January 2017 - Refer Supporting Information (Cont.)

COORDINATION COMMITTEE MEETING PAGE 17/81 31 January 2017 Report

3.8 Environmental Implications The development supports the sustainable management and protection of the natural environment.

3.9 Social Implications

The proposed development will allow future development applications in accordance with the Residential A zone planning provisions to provide an increase in a variety of housing within the Griffin Locality.

3.10 Consultation / Communication Refer to clause 2.8.

ATTENDANCE Ms Kim Calio left the meeting at 11.10am after consideration of Item 2.2. Mr Angus Conaghan and Mr Allan Charteris attended the meeting at 11.10am for discussion of Item 2.3.

Moreton Bay Regional Council COORDINATION COMMITTEE MEETING PAGE 17/82 31 January 2017 Report

COORDINATION COMMITTEE MEETING PAGE 17/82 31 January 2017 Report

ITEM 2.3 PROPOSED RESUMPTION FOR DRAINAGE PURPOSES – 134-140 MORAYFIELD ROAD, CABOOLTURE SOUTH - LOT 5 ON RP88015 - DIVISION 3 Meeting / Session: 2 PLANNING & DEVELOPMENT Reference: A14462190 : 24 January 2017 - Refer Supporting Information A14733922,

A14733923, A14733924, A14733940 Responsible Officer: AC, Legal Officer (CEO Legal) Executive Summary Council’s decision is required in relation to a Notice of Intention to Resume land for drainage purposes, and an easement for purposes incidental to carrying out drainage purposes, dated 10 August 2016 in relation to part of Lot 5 on RP88015 situated at 134-140 Morayfield Road, Caboolture South. COMMITTEE RECOMMENDATION (REPEALED)

Moved by Cr Mike Charlton (Deputy Mayor) Seconded by Cr Adam Hain CARRIED 11/0

1. That Council, having duly considered this report, is of the opinion that part of Lot 5 on RP88015 containing an approximate area of 1.22 hectares and being part of the land contained in Title Reference 18406052 and an easement over part of Lot 5 on RP88015 containing an approximate area of 720 square metres and being part of the land contained in Title Reference 18406052 be acquired for drainage purposes, and for purposes incidental to carrying out drainage purposes, respectively.

2. That the Chief Executive Officer submit the necessary application to the Department of Natural Resources and Mines requesting that the above land, and interest in land, be taken and vested in the Council, in accordance with the Acquisition of Land Act 1967.

3. That Council confirms that it remains willing to acquire by agreement the land, and interest in land, the subject of the Notice of Intention to Resume.

REPEALED by Notice of Motion 035 – General Meeting 28 March 2017 (P.17/415)

For noting: A fresh objection hearing will be scheduled to allow the landowner to be heard on its objections to the proposed taking of part of Lot 5 on RP88015, and an easement over part of Lot 5 on RP88015, described in the Notice of Intention to Resume issued to the landowner dated 11 August 2016.

Moreton Bay Regional Council COORDINATION COMMITTEE MEETING PAGE 17/83 31 January 2017 Report ITEM 2.3 PROPOSED RESUMPTION FOR DRAINAGE PURPOSES – 134-140 MORAYFIELD ROAD, CABOOLTURE SOUTH - LOT 5 ON RP88015 - DIVISION 3 - A14462190 (Cont.)

COORDINATION COMMITTEE MEETING PAGE 17/83 31 January 2017 Report

OFFICER’S RECOMMENDATION 1. That Council, having duly considered this report, is of the opinion that part of Lot 5 on RP88015

containing an approximate area of 1.22 hectares and being part of the land contained in Title Reference 18406052 and an easement over part of Lot 5 on RP88015 containing an approximate area of 720 square metres and being part of the land contained in Title Reference 18406052 be acquired for drainage purposes, and for purposes incidental to carrying out drainage purposes, respectively.

2. That the Chief Executive Officer submit the necessary application to the Department of Natural

Resources and Mines requesting that the above land, and interest in land, be taken and vested in the Council, in accordance with the Acquisition of Land Act 1967.

3. That Council confirms that it remains willing to acquire by agreement the land, and interest in land,

the subject of the Notice of Intention to Resume. REPORT DETAIL 1. Background The following recommendation appears on Minute Page 16/1334 of the General Meeting of Council

held on 19 July 2016:

Ex Coordination Committee Meeting held 19 July 2016 (MP 16/1437) COMMITTEE RECOMMENDATION:

1. That the Council acquire the land described in the confidential report in accordance with Policy No. 12-2150-057 Resumption and Acquisition of Land.

2. That the Council authorise the Chief Executive Officer to do all things necessary to give effect to recommendation 1.

Council considered this report on the basis that land acquisition is required for a trunk stormwater device to reduce existing flood risks and address future increased flows due to the intensification allowed under the Planning Scheme. 2. Explanation of Item 2.1 Council issued a Notice of Intention to Resume dated 10 August 2016 to acquire land for drainage

purposes and an easement for purposes incidental to carrying out drainage purposes on land described as:

Part of Lot 5 on RP88015 containing an approximate area of 1.22 hectares and being part of the land contained in Title Reference 18406052, and part of Lot 5 on RP88015 containing an approximate area of 720 square metres and being part of the land contained in Title Reference 18406052, respectively.

2.2 The Notice of Intention to Resume stated that if the owner so desired it could serve a notice in writing on the Council on or before 12 September 2016 objecting to the taking of the land and further if stated in its objection that it desired to be heard in support of the grounds of objection, the owner could appear and be heard before the Council’s delegate at Council’s Strathpine Chambers at 11.00am on 19 September 2016. The Council subsequently agreed to extend the dates, at the request of the solicitors for the owner, to the notice of objection being served on or before 24 October 2016 and an objection hearing being held on 31 October 2016.

Moreton Bay Regional Council COORDINATION COMMITTEE MEETING PAGE 17/84 31 January 2017 Report ITEM 2.3 PROPOSED RESUMPTION FOR DRAINAGE PURPOSES – 134-140 MORAYFIELD ROAD, CABOOLTURE SOUTH - LOT 5 ON RP88015 - DIVISION 3 - A14462190 (Cont.)

COORDINATION COMMITTEE MEETING PAGE 17/84 31 January 2017 Report

2.3 An objection was received by Council on 24 October 2016 on behalf of the owner. Six (6) grounds of objection were identified, and subsequently particularised in the letter. A copy of the letter is annexed to this report and marked as Appendix “A”. The responses to the grounds of objection at paragraph 4 below take into account the subsequent particulars set out in the letter.

3. Objection Hearing 3.1 The objection hearing was conducted on 31 October 2016. Council’s delegate was Angus

Conaghan, Legal Officer. Other persons present at the hearing were Peter Bittner and Luke Walker of HWL Ebsworth Lawyers (owner’s solicitors). Other Council representatives present were Allan Charteris (Co-ordinator Drainage Waterways and Coastal Planning), Paul Gleeson (Co-ordinator Strategic Infrastructure Planning) and Cristina Pahl (Land and Leasing Coordinator).

3.2 The owner’s solicitors were invited to elaborate on the written objections, and seek responses from

Council representatives. 4. Grounds of Objection and Responses 4.1 Objection - Council has not accorded the owner procedural fairness nor complied with the rules of

natural justice in issuing the NIR. The facts and circumstances in support of this ground of objection are set out in paragraphs 1.(a) through 1.(e) of the letter annexed to this report and marked as Appendix “A”.

Response of the delegate - There is no substance in this ground of objection in my opinion. I understand the land owner has been provided with all material relied on by the Council when deciding to issue the NIR. Although the 2015 Feasibility Study, entitled “Feasibility Study Regional Detention Basin (SSC_DB_3)” is not in final form, no reason has been identified as to why that study is not soundly based. That document refers to another location as a possible site, namely Kate McGrath Koala Park (which is made up of a number of lots), and sets out reasons why it is not preferred in the circumstances. The time for making an objection was extended by the Council by approximately 6 weeks. The allegation regarding non-compliance with the Guidelines for Local Governments - Compulsory Acquisition of Land - does not appear to be substantiated in the circumstances.

4.2 Objection - Council has failed to adequately consider the suitability of other sites for the drainage

purposes. The facts and circumstances in support of this ground of objection are set out in paragraphs 2.(a) through 2.(c) of the letter annexed to this report and marked as Appendix “A”.

Response of the delegate - There is no substance in this ground of objection in my opinion.

The owner does not identify what other “discharge controls” on nearby properties or “drainage solutions” better serving the drainage needs of the catchment should have been considered. The allegation that the proposed drainage infrastructure could be located in a nearby park appears to ignore that under the Council’s Priority Infrastructure Plan (PIP) that area is intended for other works described in the PIP as item CAB-WR20c and as a Water Sensitive Urban Design Retrofit. I understand the owner’s submission to be that the PIP identifies the location of the drainage purposes on a neighbouring parcel of land. Annexed to this report and marked as Appendix “B” is an accompanying map which shows a blue dot and the expression SSC-DB-3 on adjoining land to the south, written over the top of a substantial building. That submission does not appear to appreciate the proposed detention basin has an area of 1.26 hectares, which is obviously larger than the indicative blue dot.

Moreton Bay Regional Council COORDINATION COMMITTEE MEETING PAGE 17/85 31 January 2017 Report ITEM 2.3 PROPOSED RESUMPTION FOR DRAINAGE PURPOSES – 134-140 MORAYFIELD ROAD, CABOOLTURE SOUTH - LOT 5 ON RP88015 - DIVISION 3 - A14462190 (Cont.)

COORDINATION COMMITTEE MEETING PAGE 17/85 31 January 2017 Report

4.3 Objection - Council has failed to adequately consider whether the drainage purposes can be adequately accommodated on the Land without taking the Land. The facts and circumstances in support of this ground of objection are set out in paragraphs 3.(a) through 3.(d) of the letter annexed to this report and marked as Appendix “A”.

Response of the delegate - There is no substance in this ground of objection in my opinion.

The 2015 Feasibility Study, entitled “Feasibility Study Regional Detention Basin (SSC_DB_3)”, considered other options and their advantages and disadvantages, before concluding that the land was the preferred (most practical and suitable) location for a detention basin. The material provided by the owner in December 2015 was provided in response to an information request for a development application it had lodged. The owner proposed, as part of its development, that a detention basin of about 2,500 square metres would be excavated to a depth of 8.3m AHD on the southern side of the waterway flowing through its site and a detention basin of about 1,200 square metres would be excavated to the same depth on the northern side of the waterway i.e. a total basin area of about 3,700 square metres. I note that Council officers reviewed that proposal in January 2016 and concluded that the detention storage was less than that nominated in Council documents; it had not been demonstrated how flows greater than the 1% AEP flow could be managed through the site; and it had not been demonstrated that the proposed detention basin results in no adverse flood impacts for a future fully developed catchment. In other words, I note that Council officers concluded that the detention basin proposed by the owner would not perform the intended regional trunk infrastructure function as described in the Council’s infrastructure documents.

4.4 Objection - The NIR does not comply with the requirements of the Acquisition of Land Act 1967.

The facts and circumstances in support of this ground of objection are set out in paragraphs 4.(a) and 4.(b) of the letter annexed to this report and marked as Appendix “A”.

Response of the delegate - There is no substance in this ground of objection in my opinion.

This ground alleges non-compliance with section 7(3)(d) of the Acquisition of Land Act 1967 because the NIR required an objection to be made by 12 September 2016. The owner contends that this is not a date, “not less than 30 days after the date of the notice”, as required by the Act and relies on the Acts Interpretation Act 1954 for this conclusion. On my interpretation the Acts Interpretation Act requires that the 30 day period under the Acquisition of Land Act is calculated after excluding the date of the NIR. The 30th day after 12 August 2016, (being the day after the date of the NIR) is 12 September 2016. By nominating 12 September 2016 as the date for service of an objection, the NIR specified a date being not less than 30 days after the date of the NIR and therefore complied with section 7(3)(d) of the Acquisition of Land Act 1967. In any case, as noted above, the time for making an objection was extended by the Council by approximately 6 weeks. Furthermore, even if there was non-compliance, it does not invalidate the continuance of the resumption as per section 7(5) of the Acquisition of Land Act 1967.

4.5 Objection - The Council’s intention to take part of the Land is, and would be, unreasonable. The

facts and circumstances in support of this ground of objection are set out in paragraphs 5.(a) through 5.(h) of the letter annexed to this report and marked as Appendix “A”.

Response of the delegate - There is no substance in this ground of objection in my opinion.

Moreton Bay Regional Council COORDINATION COMMITTEE MEETING PAGE 17/86 31 January 2017 Report ITEM 2.3 PROPOSED RESUMPTION FOR DRAINAGE PURPOSES – 134-140 MORAYFIELD ROAD, CABOOLTURE SOUTH - LOT 5 ON RP88015 - DIVISION 3 - A14462190 (Cont.)

COORDINATION COMMITTEE MEETING PAGE 17/86 31 January 2017 Report

This ground of objection contains a number of elements, most of which are a restatement of other grounds of objection already dealt with above, or which are lacking in sufficient particularity. The final particular of this ground is that taking the land would be premature because it may not be required for drainage purposes for 10 years or more, if at all. I note the Council’s infrastructure charges resolution of 1 July 2015 and the Council’s PIP which came into force on 1 February 2016 identifies 2015-16 as the estimated year of completion of the proposed detention basin.

4.6 Objection - The Council’s intention to take part of the Land was not reached in good faith. The facts

and circumstances in support of this ground of objection are set out in paragraph 6.(a) of the letter annexed to this report and marked as Appendix “A”.

Response of the delegate - There is no substance in this ground of objection in my opinion.

This ground, that the intention to take the land was not reached in good faith, appears to suggest that the purpose stated in the NIR is untrue. Particulars of this ground repeat particulars of earlier grounds and are, in my opinion, lacking in substance for the reasons contained in the responses above.

4.7 Objection - A complaint was subsequently made about the conduct of the objection hearing.

Broadly speaking, it contains four (4) grounds of objection and a request for further information. A copy of the letter of complaint dated 2 November 2016 is annexed to this report and marked as Appendix “C”.

Ground 1 - Lack of independence of the delegate Response of the delegate - There is no substance in this ground of objection in my opinion. The owner submits that the delegate cannot be seen to have had a sufficient degree of

independence and impartiality while being an employed legal officer of the Council and having met with Council officers concerning the taking of the land prior to the objection hearing in the absence of the owner’s representatives.

First, an objection hearing is not an adversarial proceeding, but rather is an opportunity for an

objector to elaborate on and explain the basis of their opposition and to argue their point of view. The hearing is not a contest and does not involve any notion of an objector being appraised of a case which the objector has to answer.

Second, the concept of independence and impartiality raised by the owner involves the bias rule of

natural justice. In the present case, the delegate is not a decision-maker. The delegate is required to hear the objector in support of the grounds of objection and to report thereon to the Council for its consideration of whether or not to proceed with the acquisition.

The owner was invited to consider, and comment on, this report prior to its presentation to the

Council. Ground 2 - Presence of Council officers at the objection hearing Response of the delegate - I consider the presence of Council officers at the objection hearing,

particularly Council officers with some involvement in and knowledge of the purpose for which the land is proposed to be taken, is not objectionable.

I consider the purpose of the objection hearing was achieved, in that the owner (through its legal

representatives) exercised its right to explain and elaborate on the basis of its objection.

Moreton Bay Regional Council COORDINATION COMMITTEE MEETING PAGE 17/87 31 January 2017 Report ITEM 2.3 PROPOSED RESUMPTION FOR DRAINAGE PURPOSES – 134-140 MORAYFIELD ROAD, CABOOLTURE SOUTH - LOT 5 ON RP88015 - DIVISION 3 - A14462190 (Cont.)

COORDINATION COMMITTEE MEETING PAGE 17/87 31 January 2017 Report

Ground 3 - Non-disclosure of documents Response of the delegate - The owner has complained that a Council officer referred to notes that

had not been disclosed prior to the objection hearing. The notes were subsequently provided to the owner’s solicitors on 11 November 2016 with the invitation to make any submissions about them. No submissions have been received. In any case, the notes do not appear to contain any sufficiently new or additional information which would result in procedural unfairness or a denial of natural justice to the owner.

Ground 4 - Failure to take into account relevant consideration The owner submits the Council failed to consider a relevant consideration (being a report from a

hydrologist lodged by the owner in conjunction with its development application). However, I understand Council officers did consider the report prior to a recommendation being made to issue an NIR and they concluded it would still be necessary to proceed with the acquisition.

Request for further information - The owner requested further information from the Council as detailed on page 3 of Appendix C.

Response of the delegate - As to the “Supporting Notes” referred to at paragraph 2 on page 3, while I do not accept they are

reasonably required for an objection to be formulated, they were provided to the owner’s solicitors on 11 November 2016 with the invitation to make any submissions about them prior to the completion of this report. No submissions have been received.

As to the further information requested at paragraphs 1 and 3 on page 3, I do not consider such

information is reasonably required for an objection to be formulated and it was not provided. As to paragraph 4 on page 3, I am not aware of any other material relevant to the proposed

resumption that has not already been provided by the Council. 5. Further consultation with Owners On 2 December 2016, Council’s delegate sent the owner’s solicitors a copy of the draft report and

asked for any comments by 22 December 2016. A response was received by letter dated 22 December 2016 further clarifying the owner’s concerns,

and setting out numerous reasons why the owner considers the draft report to be of great concern. A copy of the letter and its enclosures is annexed to this report and marked as Appendix “D”.

I have carefully considered the owner’s further response and conclude it does not alter my

recommendation for the Council to proceed with the resumption as proposed. Many of the complaints detailed in the further response replicate those from the owner’s original

objection, which have already been addressed. The enclosures to the letter dated 22 December 2016, as described in paragraph 5(c), do not alter the conclusions of the Council’s hydrological consultant. For example, in regard to the Morayfield Flood Study dated 20 March 2015, I am informed it does not:

- consider a 1 in 1,000 year flood as required by the Council’s current planning scheme; - provide for a regional detention basin, but only to detain for additional flooding impacts caused

by the proposed development; - properly model the proposed development as it does not take into account piers holding up the

slab and their impact on flood water; and - take into account debris loading such as branches, shopping trolleys, plastic bags, wheelie bins,

etc.

Moreton Bay Regional Council COORDINATION COMMITTEE MEETING PAGE 17/88 31 January 2017 Report ITEM 2.3 PROPOSED RESUMPTION FOR DRAINAGE PURPOSES – 134-140 MORAYFIELD ROAD, CABOOLTURE SOUTH - LOT 5 ON RP88015 - DIVISION 3 - A14462190 (Cont.)

COORDINATION COMMITTEE MEETING PAGE 17/88 31 January 2017 Report

I understand the Council’s hydrological consultant has also formed the view that a detention basin under a slab at this site would not even adequately detain for the development, let alone act as a regional solution.

6. Conclusion In the circumstances, it is recommended that Council proceed with the resumption as proposed. 7. Strategic Implications 7.1 Legislative/Legal Implications Acquisition of Land Act 1967; Local Government Act 2009 The Department of Natural Resources and Mines has advised the following legislative implications

should be addressed where relevant. Vegetation Management Act 1999 – There are no vegetation issues under the Vegetation

Management Act 1999. Water Act 2000 – There are no issues under the Water Act 2000 as the proposed use of the subject

land will not require any ongoing water supply authorised under that Act. Aboriginal Cultural Heritage Act 2003 – In Council’s Capital Works Construction Contracts, among the requirements that the construction contractor must satisfy, is a requirement for a Project Management Plan which includes an Environmental Management Plan (EMP). The EMP develops a process to identify heritage items, archaeological/aboriginal sites or relics if discovered during excavations and locate and describe management actions of sensitive areas.

7.2 Corporate Plan / Operational Plan

Creating Opportunities: Land use and infrastructure planning - a sustainable planning and design framework to manage growth.

7.3 Policy Implications

Council Policy 12-2150-057 sets out the Council’s policy in relation to resumptions and acquisitions of land, including the necessary delegations.

7.4 Risk Management Implications

There are no particular risk management implications following from the recommendations contained in this report.

7.5 Delegated Authority Implications

Delegated authority for land acquisition resides with the Chief Executive Officer and Legal Services Department Officers in accordance with Council Policy 12-2150-057.

7.6 Financial Implications

Land resumption costs are funded from budget under Project No 12030.487. 7.7 Economic Benefit

There are no particular economic benefits implications following from the recommendations contained in this report.

7.8 Environmental Implications

There are no particular environmental implications following from the recommendations contained in this report.

Moreton Bay Regional Council COORDINATION COMMITTEE MEETING PAGE 17/89 31 January 2017 Report ITEM 2.3 PROPOSED RESUMPTION FOR DRAINAGE PURPOSES – 134-140 MORAYFIELD ROAD, CABOOLTURE SOUTH - LOT 5 ON RP88015 - DIVISION 3 - A14462190 (Cont.)

COORDINATION COMMITTEE MEETING PAGE 17/89 31 January 2017 Report

7.9 Social Implications

There are no particular social implications following from the recommendations contained in this report.

7.10 Consultation / Communication

Council’s Legal Services, Property Services and the Divisional Councillor have been consulted regarding this project.

ATTENDANCE Mr Angus Conaghan and Mr Allan Charteris left the meeting at 11.22am after consideration of Item 2.3.

Moreton Bay Regional Council COORDINATION COMMITTEE MEETING PAGE 17/90 31 January 2017 Report

COORDINATION COMMITTEE MEETING PAGE 17/90 31 January 2017 Report

3 CORPORATE SERVICES SESSION (Cr Adrian Raedel) No items for consideration.

4 ASSET CONSTRUCTION & MAINTENANCE SESSION (Cr Peter Flannery) No items for consideration.

5 PARKS, RECREATION & SPORT SESSION (Cr Darren Grimwade) No items for consideration.

Moreton Bay Regional Council COORDINATION COMMITTEE MEETING PAGE 17/91 31 January 2017 Report

COORDINATION COMMITTEE MEETING PAGE 17/91 31 January 2017 Report

6 LIFESTYLE & AMENITY SESSION (Cr Allan Sutherland, Mayor) ITEM 6.1 MBRC005550 CLEANING SERVICES - SELECTED COUNCIL COMMUNITY VENUES - DIVISIONS 1, 4, 6, 9, 12 Meeting / Session: 6 LIFESTYLE & AMENITY Reference: A14140522 : 9 September 2016 - Refer Confidential Supporting Information

A14140586 Responsible Officer: GK, Community Facilities Operations Leader (CES Sport & Recreation) Executive Summary Council utilises contractors for cleaning and associated services for a number of community venues across the region. The existing service is currently contracted to BAM Maunder Pty Ltd trading as Eco Choice Pty Ltd and expires on 10 February 2017. Tenders were called for the service and closed on 23 August 2016, with eight conforming tenders and four non-conforming tenders received. It is recommended that Council award the contract to Advance National Services Pty Ltd for the period of two years, commencing 11 February 2017 and expiring on 10 February 2019, for an estimated value of $247,046 (ex GST), as this tender submission was assessed as providing the best overall value to Council. COMMITTEE RECOMMENDATION

Moved by Cr Mick Gillam Seconded by Cr Adrian Raedel CARRIED 11/0

That the tender for the provision of Cleaning Services - Selected Community Council Venues MBRC 005550 be awarded to Advance National Services Pty Ltd for a period of two years, commencing 11 February 2017 and expiring 10 February 2019 for an estimated value of $247,046 (ex GST).

Moreton Bay Regional Council COORDINATION COMMITTEE MEETING PAGE 17/92 31 January 2017 Report ITEM 6.1 MBRC005550 CLEANING SERVICES - SELECTED COUNCIL COMMUNITY VENUES - DIVISIONS 1, 4, 6, 9, 12 - A14140522 (Cont.)

COORDINATION COMMITTEE MEETING PAGE 17/92 31 January 2017 Report

OFFICER’S RECOMMENDATION That the tender for the provision of Cleaning Services - Selected Community Council Venues MBRC 005550 be awarded to Advance National Services Pty Ltd for a period of two years, commencing 11 February 2017 and expiring 10 February 2019 for an estimated value of $247,046 (ex GST). REPORT DETAIL 1. Background Council manages five community centres/halls at various locations across the region and aims to deliver a quality customer experience through the provision of well-maintained and presented facilities. The nominated centres/halls under this contract are: • Bribie Island Recreation Hall; • Morayfield Community Hall; • North Lakes Community Centre; • Redcliffe Volunteer Hub; and • Strathpine Community Centre. This tender allows for the provision of the following services at these venues: • scheduled cleaning; • periodic cleaning; • provision of consumables; • post-event cleaning; • associated services eg. hirer orientations and equipment stocktakes. As the existing cleaning contract is due to expire, in accordance with Council’s Procurement Policy, a public tender for the provision of these services opened on 27 July 2016 and closed on 23 August 2016. A total of eight conforming tenders and four non-conforming tenders were received. 2. Explanation of Item The tenders were assessed by the tender assessment panel in accordance with Council’s Procurement Policy and the selection criteria, as per Confidential Supporting Information #1, price schedule as per Confidential Supporting Information #2. The conforming tenderers’ final scores are outlined below ranked highest to lowest:

Rank Contractor Name Result 1 Quad Services Pty Ltd 97.47% 2 Advance National Services Pty Ltd 91.19% 3 BAM Maunder Pty Ltd 74.58% 4 Quayclean Pty Ltd 63.10% 5 Health Club Pty Ltd 58.05% 6 Harvent Pty Ltd 57.39% 7 Pickwick Pty Ltd 53.58% 8 Laraki Pty Ltd 45.88%

The following observations were made by the tender assessment panel. • Quad Services Pty Ltd

Quad Services Pty Ltd is a national company that has been established in Queensland since 1996 and has a base in Coopers Plains. The company has experience in providing cleaning services to local governments, commercial organisations, education facilities and public venues.

Moreton Bay Regional Council COORDINATION COMMITTEE MEETING PAGE 17/93 31 January 2017 Report ITEM 6.1 MBRC005550 CLEANING SERVICES - SELECTED COUNCIL COMMUNITY VENUES - DIVISIONS 1, 4, 6, 9, 12 - A14140522 (Cont.)

COORDINATION COMMITTEE MEETING PAGE 17/93 31 January 2017 Report

• Advance National Services Pty Ltd

Advance National Services Pty Ltd is a national company that was established in Queensland in 1989 and has a base in Yatala. The company has significant experience in the provision of cleaning services for a number of local government agencies, and currently has contracts with Brisbane City Council, Gold Coast City Council and Redland City Council.

• BAM Maunder Pty Ltd

BAM Maunder Pty Ltd is a local business that has been established since 2006. The company has experience in providing cleaning services to commercial office spaces, for Moreton Bay region halls managed by Encircle Ltd and is the current cleaning contractor for selected council community venues.

Non-conforming tenders were received from Achieve Corporate Services Pty Ltd, CMC Property Services Pty Ltd, CQS (Australia) Pty Ltd and Peter Byrne Pty Ltd. The non-conforming tenders did not include the required tender pricing schedule and as a result were unable to be assessed. Both Quad Services Pty Ltd and Advance National Services Pty Ltd were invited to attend tender clarification meetings to demonstrate their ability to provide the services at the standard required by Council. Advance National Services Pty Ltd successfully demonstrated to the panel a high standard of capability and possession of the necessary resources, management and safety systems to fulfil the requirements of the contract. Subsequent to the meeting with Advance National Services Pty Ltd, referee checks and physical inspections of several local government facilities which they currently clean were undertaken. It has been determined that the submission by Advanced National Services Pty Ltd provides the best value for Council. 3. Strategic Implications 3.1 Legislative/Legal Implications

Due to the value of the service being greater than $200,000, Council called a public tender for these services through the LG Tender Box in accordance with the Local Government Act 2009.

3.2 Corporate Plan / Operational Plan This project is consistent with the Corporate Plan outcome - Valuing Lifestyle: Community facilities - community venues and other facilities.

3.3 Policy Implications This contract has been procured in accordance with the provisions of the following documents:

• Council’s Procurement Policy 10-2150-006 • Local Government Act 2009 • Local Government Regulation 2012 Chapter 6.

3.4 Risk Management Implications The project risk has been assessed and the following issues identified. The manner in which the possible impact of these risks are minimised is detailed below.

Risk Mitigation Lack of capacity to provide the high standard of customer service required.

Advance National Services Pty Ltd demonstrated that they have the understanding, capacity and ability to meet the required standard at all sites.

No Council attendance during cleaning to validate service completed.

In addition to monitoring facility access times for cleaning, unscheduled inspections will be undertaken. Feedback from hirers will also be monitored.

Moreton Bay Regional Council COORDINATION COMMITTEE MEETING PAGE 17/94 31 January 2017 Report ITEM 6.1 MBRC005550 CLEANING SERVICES - SELECTED COUNCIL COMMUNITY VENUES - DIVISIONS 1, 4, 6, 9, 12 - A14140522 (Cont.)

COORDINATION COMMITTEE MEETING PAGE 17/94 31 January 2017 Report

3.5 Delegated Authority Implications There are no delegated authority implications relating to this contract.

3.6 Financial Implications The estimated contract value by Advance National Services Pty Ltd is $123,523 per annum for the initial two year period. The estimated contract value is within budget allocation.

3.7 Economic Benefit Advance National Services Pty Ltd has indicated that it would endeavour to source its cleaning staff locally.

3.8 Environmental Implications There are no environmental implications.

3.9 Social Implications

Well-presented venues encourage community access and participation.

3.10 Consultation / Communication An officer from the procurement team attended the assessment panel meetings.

Moreton Bay Regional Council COORDINATION COMMITTEE MEETING PAGE 17/95 31 January 2017 Report

COORDINATION COMMITTEE MEETING PAGE 17/95 31 January 2017 Report

ITEM 6.2 PREFERRED SUPPLIER ARRANGEMENT - DECLARED PLANTS (RESTRICTED INVASIVE BIOSECURITY MATTER) AND AQUATIC WEED MANAGEMENT SERVICES - REGIONAL Meeting / Session: 6 LIFESTYLE & AMENITY Reference: A14436100 : 24 January 2016 Responsible Officer: CD, Program Leader Pest Management (CES Regulatory Services) Executive Summary Council conducts an extensive control program for declared plants on Council and private land and for the management of aquatic weeds in public waterways across the region. It is proposed to establish a preferred supplier arrangement to facilitate the procurement of contractor services for the removal of declared plants and aquatic weeds for a period of two years, with an option to extend for a further 12 months. Council has sought tenders from the market and eight submissions were received. Following assessment, it is recommended that six suppliers be appointed to the panel of preferred suppliers. COMMITTEE RECOMMENDATION

Moved by Cr Koliana Winchester Seconded by Cr Adrian Raedel CARRIED 11/0

That Council appoint the following suppliers onto Council’s preferred supplier arrangement for Declared Plants (Restrictive Invasive Biosecurity Matter) and Aquatic Weed Management Services (MBRC005794):

a. Aquatic Weed Harvester Australia b. Biodiversity Australia Pty Ltd t/a Naturecall Environmental c. Centrogen Pty Ltd d. Evolve Environmental Solutions Pty Ltd e. Landscape Conservation f. Technigro Pty Ltd

Moreton Bay Regional Council COORDINATION COMMITTEE MEETING PAGE 17/96 31 January 2017 Report ITEM 6.2 PREFERRED SUPPLIER ARRANGEMENT - DECLARED PLANTS (RESTRICTED INVASIVE BIOSECURITY MATTER) AND AQUATIC WEED MANAGEMENT SERVICES - REGIONAL - A14436100 (Cont.)

COORDINATION COMMITTEE MEETING PAGE 17/96 31 January 2017 Report

OFFICER’S RECOMMENDATION That Council appoint the following suppliers onto Council’s preferred supplier arrangement for Declared Plants (Restrictive Invasive Biosecurity Matter) and Aquatic Weed Management Services (MBRC005794):

a. Aquatic Weed Harvester Australia b. Biodiversity Australia Pty Ltd t/a Naturecall Environmental c. Centrogen Pty Ltd d. Evolve Environmental Solutions Pty Ltd e. Landscape Conservation f. Technigro Pty Ltd

REPORT DETAIL 1. Background Council in accordance with the requirements of the Biosecurity Act 2014 conducts an extensive control program for declared plants on Council and private land. Additionally, Council is responsible for the management of aquatic weeds in public waterways across the region. Failure to control these plants can have serious economic, environmental or social impacts. The control program is labour intensive and Council utilises contractors who deploy a range of methods including chemical, mechanical and biological controls on an as required basis. Previous preferred supplier panels established for the management of declared plants and aquatic weeds have enabled Council to achieve a diverse skill set to meet the unique requirements of individual jobs, deliver a safe and effective management program and obtain competitive pricing. The preferred supplier arrangement for Declared Plants (Restrictive Invasive Biosecurity Matter) and Aquatic Weed Management Services will commence for a period of two years from date of acceptance with an option to extend for a further 12 months. 2. Explanation of Item Tenders were advertised on 29 September 2016 and closed on 25 October 2016. A total of eight submissions were received. The tenders were assessed by the tender assessment panel in accordance with Council’s Procurement Policy and the selection criteria set out in the tender documents. The following tables list the tender submissions based on a weighted score achieved through assessment. Successful Tenderers:

Rank Tenderer Weighted Score (100)

1 Technigro Pty Ltd 84.00 2 Biodiversity Australia Pty Ltd t/a Naturecall Environmental 81.50 3 Evolve Environmental Solutions Pty Ltd 80.90 4 Centrogen Pty Ltd 80.45 5 Aquatic Weed Harvester Australia 72.60 6 Landscape Conservation 71.10

Unsuccessful Tenderers:

Rank Tenderer Weighted Score (100)

7 Koolen Family Investments Pty Ltd t/a Perfect Earth 64.80

Moreton Bay Regional Council COORDINATION COMMITTEE MEETING PAGE 17/97 31 January 2017 Report ITEM 6.2 PREFERRED SUPPLIER ARRANGEMENT - DECLARED PLANTS (RESTRICTED INVASIVE BIOSECURITY MATTER) AND AQUATIC WEED MANAGEMENT SERVICES - REGIONAL - A14436100 (Cont.)

COORDINATION COMMITTEE MEETING PAGE 17/97 31 January 2017 Report

Rank Tenderer Weighted Score (100)

8 The Landscape Construction Company 45.40 There were no non-conforming tenders submitted as part of this process. Having regard for the level of works normally undertaken within the program it is considered six suppliers are appropriate to meet Council’s needs. 3. Strategic Implications 3.1 Legislative/Legal Implications

The calling of public tenders and establishment of a preferred supplier arrangement is in accordance with Section 233 of the Local Government Regulation 2012.

3.2 Corporate Plan / Operational Plan Strengthening Communities: Public health services - promoting a healthy and safe community through effective administration of environmental health legislation.

3.3 Policy Implications This contract has been procured in accordance with the provisions of the following documents: • Council’s Procurement Policy 10-2150-006 • Local Government Act 2009 • Local Government Regulation 2012 Chapter 6.

3.4 Risk Management Implications

The appointment of the preferred suppliers will ensure the timely delivery of these programs whilst complying with Council’s Procurement Policy.

3.5 Delegated Authority Implications There are no known delegated authority implications.

3.6 Financial Implications Program works will be undertaken utilising operational funds from within the Regulatory Services budget 20193.001.

3.7 Economic Benefit There are no known delegated authority implications.

3.8 Environmental Implications

Declared plants (Restricted Invasive Biosecurity Matter) and aquatic weeds cause significant environmental harm across the region effective management will ensure that the environmental values of the area are maintained.

3.9 Social Implications

Effective management of declared plants and aquatic weeds improves the amenity and use of the open spaces and recreational areas of the region.

3.10 Consultation / Communication

Manager Regulatory Services Coordinator Healthy Places Senior Procurement Advisor

Moreton Bay Regional Council COORDINATION COMMITTEE MEETING PAGE 17/98 31 January 2017 Report

COORDINATION COMMITTEE MEETING PAGE 17/98 31 January 2017 Report

7 ECONOMIC DEVELOPMENT & TOURISM SESSION (Cr A Sutherland, Mayor) No items for consideration.

Moreton Bay Regional Council COORDINATION COMMITTEE MEETING PAGE 17/99 31 January 2017 Report

COORDINATION COMMITTEE MEETING PAGE 17/99 31 January 2017 Report

8 GENERAL BUSINESS ITEM 8.1 SUNSHINE COAST FEDERATION SPORTS AWARD EVENING (PF) Cr Peter Flannery reported on his attendance along with Cr’s Hain, Raedel and Savige at the Sunshine Coast Sports Federation awards evening. Moreton Bay Regional Council is a platinum sponsor of the Federation and was presented with a plaque in appreciation of Council’s sponsorship. A trophy was also presented to Cr Flannery in honour of Council’s Australia Day Sports Award and Youth Sports Award Winners; Jodie Kenny and Evani Pelite. The Federation will acknowledge future recipients of Moreton Bay Regional Council’s Sports and Youth Sports Award who live in their district at the Sunshine Coast Sports Federation Annual Awards evening and have their names added to the trophy. Cr Flannery advised that it was a great night and a wonderful way of acknowledging sporting achievements in our region. ITEM 8.2 BRIBIE ISLAND LIONS CLUB - DIVISION 1 (BS) Cr Brooke Savige acknowledged the tremendous effort provided by the Bribie Island Lions Club on Australia Day this year who served in excess of 1800 breakfasts to the public free of charge. The Australia Day breakfast at Brenan Park was patronised by locals and tourists alike. Cr Savige requested that a letter of appreciation be forwarded to the Bribie Island Lions Club. COMMITTEE RECOMMENDATION

Moved by Cr Brooke Savige Seconded by Cr Adrian Raedel CARRIED 11/0

That a letter of appreciation be sent to the Bribie Island Lions Club for their assistance in serving breakfast to the public on Australia Day 2017. ITEM 8.3 MEDAL OF THE ORDER OF AUSTRALIA AWARDED TO MS LAKEISHA PATTERSON - DIVISION 1 (BS) Cr Brooke Savige acknowledged the achievements of Ms Lakeisha Patterson who was awarded the Medal of the Order of Australia (OAM) as part of the Australia Day 2017 honours list for service to sport as a gold medallist at the RIO 2016 Paralympic Games. Cr Savige said Ms Patterson is a dedicated hard working young lady who, in addition to her other commitments, attends occasions as an inspirational speaker. ITEM 8.4 AUSTRALIA DAY CITIZENSHIP CEREMONY - DIVISION 7 (DS) Cr Denise Sims extended her thanks to staff involved in the organisation of the Australia Day Citizenship Ceremony at Strathpine. Cr Sims also acknowledged the wonderful food provided by Meals on Wheels Pine Rivers who catered for the event.

Moreton Bay Regional Council COORDINATION COMMITTEE MEETING PAGE 17/100 31 January 2017 Report

COORDINATION COMMITTEE MEETING PAGE 17/100 31 January 2017 Report

ITEM 8.5 KING STREET AND VICTORIA AVENUE PROJECT - DIVISION 6 (KW) Cr Koliana Winchester conveyed her and the community’s appreciation to project staff involved in the King Street and Victoria Avenue intersection signalisation project. Cr Winchester advised this was a big project consisting of federal and Council funding and acknowledged the project team’s commitment and organisation during delivery of this project. ITEM 8.6 AUSTRALIA DAY EVENT AT BRIBIE ISLAND - DIVISION 1 (AR) Cr Adrian Raedel reported on his attendance at the 2017 Australia Day event at Bribie Island passing on his congratulations to Moreton Bay Region Industry and Tourism (MBRIT) for the organisation of the event. Cr Raedel advised this was a fantastic event enjoyed by families on the day. Cr Brooke Savige extended her thanks to Cr Raedel for his assistance in manning the jumping castle. ITEM 8.7 MORETON BAY REGIONAL COUNCIL’S CITIZEN OF THE YEAR - LEANNE DINNING (AS) Cr Allan Sutherland (Mayor) acknowledged Moreton Bay Regional Council’s Citizen of the Year, Leanne Dinning who attended the morning tea with Councillors this morning. Cr Sutherland advised that Leanne and her volunteers at Brisbane Convoy for Kids assist families and children in their darkest hour and congratulated them for the hard work they perform. ITEM 8.8 AUSTRALIA DAY CITIZENSHIP CEREMONY - REGIONAL (AS) Cr Allan Sutherland (Mayor) made special mention of Mr Ian Skippen for his outstanding role as Master of Ceremonies at the Australia Day Citizenship Ceremony. COMMITTEE RECOMMENDATION

Moved by Cr Allan Sutherland (Mayor) Seconded by Cr Mike Charlton (Deputy Mayor) CARRIED 11/0

That a letter of appreciation be sent to Mr Ian Skippen for his outstanding role as Master of Ceremonies at the 2017 Australia Day Citizenship Ceremony. CLOSURE There being no further business the Chairperson closed the meeting at 11.40am.