agenda - part 1 - mareeba 5 september 2013

TRCTABLELANDS REGIONAL COUNCIL

Ordinary Meeting

Council Chambers, Mareeba Date: Thursday 5 September 2013

Time: 9:00am

AGENDA

THE ORDINARY MEETING OF THE TABLELANDS REGIONAL COUNCIL WILL BE HELD AT MAREEBA COUNCIL CHAMBERS, ON THURSDAY, 05 SEPTEMBER 2013 AND THE ATTENDANCE OF EACH COUNCILLOR IS REQUESTED.

IAN CHURCH CHIEF EXECUTIVE OFFICER

TRC Tablelands Regional Council - Agenda Thursday 05 September 2013

PRESENTATIONS - 5 SEPTEMBER 2013 No Presentations

COUNCILLOR INFORMATION WORKSHOP & SPECIAL PLANNING MEETING - 12 SEPTEMBER 2013 9.00am to 10.30am Library Strategy - Amanda Riches, Briengen Rodgers (in diary) 10.30am to 4.00pm Special Planning Meeting

ORDER OF BUSINESS

MEMBERS IN ATTENDANCE........................................................................................................ 5

OFFICERS IN ATTENDANCE........................................................................................................ 5

APOLOGIES/LEAVE OF ABSENCE.............................................................................................. 5

BEREAVEMENTS/CONDOLENCES.............................................................................................. 5

DECLARATION OF ANY MATERIAL PERSONAL INTERESTS/ CONFLICTS OF INTEREST BY COUNCILLORS AND SENIOR COUNCIL OFFICERS............................................................. 5

CONFIRMATION OF MINUTES ..................................................................................................... 5

BUSINESS ARISING OUT OF MINUTES OF PREVIOUS MEETINGS.......................................... 5

RECEIPT OF INWARD CORRESPONDENCE............................................................................... 5

RECEIPT OF OFFICERS' QUARTERLY REPORTS...................................................................... 5

CONSIDERATION OF INWARD CORRESPONDENCE AND OTHER MATTERS ........................ 5

PLANNING AND DEVELOPMENT................................................................................................. 7

Regional Planning & Development .............................................................................................. 7 Item-1 RP & NR Kung - Reconfiguration of a Lot (1 into 2 lots) - Lot 2 MPH14299 - 27

Foster Road, Kalunga - DA/13/0027......................................................................... 7

Item-2 Ext to Relevant Period - OD Byrnes - Prelim App for a MCU Overriding the Planning Scheme (Devel Consistent with Rural Residential Planning Area over Proposed Lots 20-23 & 30-36) and Dev Permit for ROL (2 into 13 lots) - Lots 2 & 3 on RP746091 - DA/13/0102 ............................................................................. 23

Item-3 Upgrade of Occupational Licence 22/219 to Term Lease - Lot 219 on SP219914 - Mount Garnet...................................................................................... 60

Item-4 Department of National Parks, Recreation, Sport and Racing - Land Tenure Enquiry - Lot 2 AP13774 - Collins Road, Windy Hill................................................ 70

Item-5 Department of Natural Resources seek Council's views regarding future use of Lot 69 DA118, Parish of Southedge ....................................................................... 77

Item-6 Request to Extend Information Request Response Period - Mt Emerald Wind Farm Pty Ltd - Application for Material Change of Use (Utility Installation - Wind Farm) - Lot 7 SP235244 - Kippin Drive, Arriga - MCU/11/0024............................... 88

Item-7 Consideration of Further Noise Monitoring - Windy Hill CONFIDENTIAL............. 123


Regulatory Services ................................................................................................................ 125 Item-8 Enforcement Notice - Reuben Paul Zimmermann - 18-20 Mazlin Street,

Atherton CONFIDENTIAL.................................................................................... 125

Corporate Planning, Performance & Risk ................................................................................ 127 Item-9 Request installation of a seat outside the Lutheran Church in Golf Links Road

and remove vegetation opposite Quinn Close ...................................................... 127

Item-10 Register of Roads Maintained Policy - Request to add an un-named section of road to the Road Register off Wolfram Road Dimbulah - Favaro Road................. 131

Item-11 'Your Council Coming to You' Information Stalls................................................... 140

Item-12 Divisional Updates on Progressing Community Priorities - Actions Taken By TRC...................................................................................................................... 144

Item-13 CCTV - Grant Funding.......................................................................................... 271

Disaster Management ............................................................................................................. 275 Item-10 Australian Early Warning Network ........................................................................ 275

CHIEF EXECUTIVE OFFICER ................................................................................................... 281

Administration ......................................................................................................................... 281 Item-11 NQLGA Conference - Delegates .......................................................................... 281

Item-12 Media Policy......................................................................................................... 298

Item-13 Governance and Executive Report for period ending 31 August 2013.................. 307

DE-AMALGAMATION ............................................................................................................. 333 Item-14 De-amalgamation Project Manager Report Update 8 ........................................... 333


MEMBERS IN ATTENDANCE

OFFICERS IN ATTENDANCE

APOLOGIES/LEAVE OF ABSENCE

BEREAVEMENTS/CONDOLENCES

DECLARATION OF ANY MATERIAL PERSONAL INTERESTS/ CONFLICTS OF INTEREST BY COUNCILLORS AND SENIOR COUNCIL OFFICERS

CONFIRMATION OF MINUTES

BUSINESS ARISING OUT OF MINUTES OF PREVIOUS MEETINGS

RECEIPT OF INWARD CORRESPONDENCE

RECEIPT OF OFFICERS' QUARTERLY REPORTS

CONSIDERATION OF INWARD CORRESPONDENCE AND OTHER MATTERS


PLANNING AND DEVELOPMENT

REGIONAL PLANNING & DEVELOPMENT

ITEM-1 RP & NR KUNG - RECONFIGURATION OF A LOT (1 INTO 2 LOTS) - LOT 2 MPH14299 - 27 FOSTER ROAD, KALUNGA - DA/13/0027

DOCUMENT INFORMATION

DATE: 5 September 2013 REPORT AUTHOR/ OFFICER’S TITLE: Dan O'Connor, Planning Officer DEPARTMENT: Planning and Development

APPLICATION DETAILS

ATTACHMENTS: 1. Proposed Plan of Reconfiguration (DWS VS 3261622); and

2. DNRM Concurrence Agency Response (DWS VS 3340775).

FILE NO DA/13/0027 AREA 14.164 ha LODGED BY Twine Surveys P/L OWNER R.P. & N.R. Kung PLANNING SCHEME

Herberton Shire Planning Scheme 2005 (amended 2008)

PLANNING AREA Rural Planning Area LEVEL OF ASSESSMENT

Code

APPLICATION PREMISES APPLICANT R.P. & N.R. Kung ADDRESS 27 Foster Road,

Kalunga DATE LODGED 16 April 2013 RPD Lot 2 on MPH14299 TYPE OF APPROVAL

Development Permit

PROPOSED DEVELOPMENT Reconfiguration of a Lot (1 into 2 Lots)


EXECUTIVE SUMMARY

Council is in receipt of a development application described in the above application details. This 14.164 ha site is located in the Rural Planning Area and is split into two severances by Foster Road.

The application is code assessable and was therefore not required to undergo public notification. A development permit for subdivision (1 into 2 Lots) is sought to create two parcels that coincide with the road severances. It has been assessed against the relevant statutory planning instruments, including the FNQ Regional Plan 2009-20131 and the Herberton Shire Planning Scheme (2005) and is in conflict with the rural subdivision provisions of both those planning instruments. This officer assessment has not identified sufficient grounds to justify approval despite these conflicts.

The key issues of the proposed development are that both proposed allotments are significantly smaller than the desired minimum lot size of 50 hectares and the land is known to comprise Good Quality Agricultural Land (GQAL) having previously hosted horticultural operations (Foster's vineyard). The proposed access via Foster Road is not acceptable as it is not a gazetted road and the intersection of Foster Road and Flaggy Creek Road is prone to flooding. The additional lot would be a small and fragmented rural living lot with non-contiguous road access.

The approval of such a development (rural subdivision where severed by a road) would set a negative precedent for future subdivision within the Rural Planning Area, especially considering the large number of rural allotments throughout the Tablelands region that are severed by roads. Note also that the subject site is not proposed to be included in one of the "rural-lifestyle" precincts currently being developed by Council's Strategic Planning team for inclusion in the Draft TRC Planning Scheme.

It is therefore recommended that the application be refused.

OFFICER'S RECOMMENDATION

1. It is recommended that, in relation to the following development application:

and in accordance with the Sustainable Planning Act 2009, as amended, the applicant be notified that the application for a development permit for the development specified in (A) is:

Refused by Council for reasons set out in (B).

(A) REFUSED DEVELOPMENT: Reconfiguration of a Lot (1 into 2 Lots)

(B) ASSESSMENT MANAGER’S REASONS FOR REFUSAL: That Council considers:- 1. The proposed development conflicts with Desired Regional Outcome Land Use Policies 2.6.1 to

2.6.4 of the Far North Queensland Regional Plan 2009-2031;

2. Conflicts with Acceptable Solutions AS1.1 and AS13.2 of the Reconfiguration of a Lot Code;

APPLICATION PREMISES

APPLICANT R.P. & N.R. Kung ADDRESS 27 Foster Road, Kalunga

DATE LODGED 16 April 2013 RPD Lot 2 on MPH14299 TYPE OF APPROVAL Development Permit PROPOSED DEVELOPMENT Reconfiguration of a Lot (1 into 2 Lots)


3. Conflicts with Performance Criteria PC1, PC2, PC8, PC9 and PC13 of the Reconfiguration of a Lot Code;

4. Conflicts with the Outcomes for the Rural Planning Area / Rural Locality Code and the Overall

Outcomes for the Reconfiguration of a Lot Code; and

5. There are not sufficient grounds to justify an approval, despite the identified conflicts.

THE SITE

Map Disclaimer: Based on or contains data provided by the State of Queensland (Department of Environment and Resource Management) (2009). In consideration of the State permitting use of this data you acknowledge and agree that the State gives no warranty in relation to the data (including accuracy, reliability, completeness, currency or suitability) and accepts no liability (including without limitation, liability in negligence) for any loss, damage or costs (including consequential damage) relating to any use of the data. Data must not be used for direct marketing or be used in breach of the privacy laws.

The subject site is located approximately 4km south of Wondecla and is divided into two (2) severances by Foster Road. The western severance hosts a farm house and ancillary sheds and the eastern severance is improved by horse stables (x2). The eastern severance hosts a farm dam that encroaches upon the unconstructed road reserve to the south. Both lots are accessed directly from Foster Road, which although constructed, is not a gazetted road where it traverses the adjoining Council recreation reserve (Lot 143 on CWL262).


The property is currently utilised for horse agistment although it was previously utilised for horticultural operations (Foster's vineyard) being largely unconstrained GQAL. In this respect the site relatively flat and clear of native vegetation albeit with some small stands of vegetation on both severances. The existing farm dam provides a ready supply of water for irrigation. The western severance of the site is bounded by Flaggy Creek to the west and appears to contain slopes of 15% or greater. The site is not serviced by reticulated water supply or sewerage. Surrounding land uses predominately comprise single detached dwellings on rural allotments of varying sizes that are utilised for mixture of tree cropping and other horticultural operations. The adjoining land to the east is currently operated as a horse riding facility by the North Queensland Riding for the Disabled Association. All adjoining lots have some degree of agricultural potential and are held under separate ownership.

DESCRIPTION OF PROPOSED DEVELOPMENT

The application seeks to realign the common boundaries of the subject lots as shown by the plan of reconfiguration provided as Attachment 1, comprising the following:

REGIONAL PLAN DESIGNATION

The subject site is included within the Regional Landscape and Rural Production Area land use category in the Far North Queensland Regional Plan 2009-2031. The Regional Plan Map 3 - ‘Areas of Ecological Significance’ also identifies the site as containing areas of High and General Ecological Significance.

PLANNING SCHEME DESIGNATIONS

RELEVENT PLANNING INSTRUMENTS

Assessment of the proposed development against the relevant planning instruments is summarised as follows:-

(a) Far North Queensland Regional Plan 2009-2031 Assessment against the Regional Plan is required because the plan is not reflected in the planning scheme. The following Desired Regional Outcome Land Use Policies are relevant to the assessment of the application:

Proposed Lot # Area Frontage Improvements

Lot 21 11.54 ha Foster Rd - approx. 208m (constructed)

Dwelling house and ancillary farm buildings.

Lot 22 2.624 ha Foster Rd - approx. 420m (constructed)

Stables (x2)

Strategic Framework: Rural

Planning Areas: Rural Planning Area


(b) State Planning Policies

(i) The following State Planning Policies have been appropriately reflected in the Planning Scheme.

• State Planning Policy 1/92 – Development and Conservation of Agricultural Land

• State Planning Policy 1/03 – Mitigating the Adverse Impacts of Flood, Bushfire and Landslide (Bushfire and landslide only);

(ii) The following State Planning Polices are not reflected in the planning scheme and are applicable in the assessment of this application:

DRO 2.6 Rural Subdivision Land Use Policy Complies Comments

2.6.1 Further fragmentation of agricultural land in the regional landscape and rural production area is avoided to maintain economically viable farm lot sizes.

× Does not comply. The proposal would result in further fragmentation within the RLRPA and would create a rural-lifestyle lot in a rural area.

2.6.2 Boundary realignments are only permitted in the regional landscape and rural production area where it can be demonstrated that a realignment of the property would: (i) improve agricultural efficiency (ii) facilitate agricultural activity or

conservation outcomes or (iii) resolve boundary issues where:

� a house or structure is built over the boundary line of two lots

� a lot has been intersected by the compulsory installation of infrastructure such as a road or electricity line.

× Does not comply. The proposal is for subdivision (1 into 2 Lots) not boundary realignment.

2.6.3 Boundary realignments should allow for enough space within the newly created lots to accommodate buffers from adjoining land uses to mitigate adverse impacts and should not prevent existing industries from expanding or new agricultural enterprises from being established.

× Does not comply. The proposal is for subdivision (1 into 2 Lots) not boundary realignment.

2.6.4 Boundary realignments should not be permitted to create new small lots for rural residential or rural lifestyle purposes.

× Does not comply. The proposal is for subdivision (1 into 2 Lots) not boundary realignment. The proposed Lot 22 would function as a rural-lifestyle lot, which conflicts with the objective of limiting further fragmentation of rural lands.


(c) Herberton Shire Planning Scheme 2005 (amended 2008) Relevant Development Codes

The following Development Codes are considered to be applicable to the assessment of the application:

Part 3 4.3.3 Rural Planning Area / Rural Locality Code Part 4 3.2 Natural Hazards Code Part 4 3.5 Reconfiguration of a Lot Code Part 4 3.6 Works, Services and Infrastructure Code

The application included a planning report and assessment against the planning scheme. An officer assessment has found that the application satisfies the relevant acceptable solutions (or probable solutions/performance criteria where no acceptable solution applies) of the relevant codes set out below, provided reasonable and relevant conditions are attached to any approval.

State Planning Policies SPP Complies Comments

SPP 1/03 Mitigating the Adverse Impacts of Flood, Bushfire and Landslide (Flood)

N/A The subject site is not located within a ‘natural hazard management area’ for flood, which is the trigger for assessment against this SPP. The Applicant was requested to provide historic flood levels for the site to demonstrate that this was the case.

SPP1/12 Protection of Qld’s Strategic Cropping Land

� This SPP came into effect 30 January 2012 for the protection of SCL which is a finite resource that must be conserved and managed. The SPP generally aims to protect SCL from developments that lead to permanent impacts or diminished productivity. SCL mapping identifies the site as being potential SCL and the application was referred to DNRM for assessment against this SPP. That Department advised in a letter dated 19 June 2013 that they require the conditions to be attached to any approval (Attachment 2).

Temp SPP2/12

Planning for Prosperity n/a This SPP came into effect on 24 August 2012 and is therefore relevant to the subject application given that it was lodged after the SPP was introduced. The SPP aims to facilitate economic growth in Qld by promoting agriculture, tourism, the State’s mineral & extractive resource industries and construction activities. The purpose of this policy is to achieve a balance between the competing or conflicting outcomes of the development by giving weight to:

a) agricultural uses in areas zoned for agricultural uses;

b) urban uses in areas zoned for urban uses; c) tourist development which can be shown to be

complementary to an area’s environmental, scenic and cultural values; and

d) mineral & extractive resources development which can be shown to be complementary to an area’s primary intended land use.

This SPP only applies to State referral agencies involved in the assessment and not Council as the assessment manager.


Conflicts with the Rural Planning Area Code: 4.3.3.1 Outcomes for the Rural Planning Area The outcomes of the Rural Planning Area are as follows: • The Rural Planning Area comprises a range of rural activities including agriculture, animal

husbandry and support activities which are appropriate to maintain the rural amenity and character.

• Good quality agricultural land is protected and is not alienated or fragmented. • Intensive rural activities are located away from sensitive land uses and do not have a detrimental

impact on the rural amenity of the area. • Extractive industry operations utilise significant local resources and are appropriately located and

designed to mitigate any significant environmental impacts. • Rural activities are protected from the intrusion of incompatible uses. • Rural industries and other higher impact activities are only developed in locations where the use

does not detrimentally impact on the rural nature of the area • Development maintains a high standard of rural amenity. • Rural activities and development are suitably located and appropriately managed to minimise any

potential adverse impacts on areas of significant vegetation and biodiversity values. • The risk of bushfire and other natural hazards are not increased. • Development provides an appropriate level of infrastructure. Comment: The Applicant has not provided any information demonstrating that the subject land is not GQAL, rather their justification for subdivision largely rests upon arguments that the locality is already significantly fragmented. The fact that rural lands may already be fragmented is not sufficient planning grounds to permit further fragmentation. The proposed Lot 22 would be the smallest lot in the locality having an area of just 2.6 ha, which is more akin to a rural residential lot than a rural lot (40-60 ha) or rural lifestyle lot (=/>15 ha). The development conflicts with the Outcomes for the Rural Planning Area as the site is known to be GQAL having previously hosted horticultural operations (Foster's vineyard) and would result in further fragmentation.

Relevant Codes Comments

Rural Planning Area / Rural Locality Code

The application complies with the applicable acceptable solutions/performance criteria albeit subject to conditioning however the proposal does not comply with the Outcomes for the Rural Planning Area, refer to discussion below.

Natural Hazards Code The application complies with the applicable acceptable solutions/performance criteria. Reconfiguration of a Lot Code The application complies with the applicable acceptable solutions/performance criteria

apart from the following: � PC1 & AS1.1 - Does not comply. Both of the proposed lots fall well short

of the 50ha minimum lot size for properties in the Rural Planning Area, although both would meet the minimum frontage requirement. More importantly, the proposed reconfiguration does not comply with PC1 as the proposed Lot 22 would clearly function only as a rural lifestyle lot once created. Such an outcome is at odds with the intent for the Rural Locality (Rural Planning Area) as further fragmentation of rural land for non-rural purposes is not supported.

� PC2 - Does not comply. While some aspects of the development such as agricultural buffering may be conditioned, the proposed access via Foster Road is known to be prone to flooding. The application has not addressed this issue.

� PC8 - Does not comply. The creation of a solely residential lot in a predominantly rural area has the potential to constrain surrounding rural uses.

� PC9 - Does not comply. The land in question is considered to be GQAL and the proposed Lot 22 would function solely as a rural lifestyle lot.

� PC13 & AS13.2 - Does not comply. It is proposed that the new lots be accessed from Foster Rd, which is not a gazetted road where it traverses Lot 143 on CWL262 (Council Recreation Reserve).

Refer to further discussion below and in the Planning Discussion section of report. Works, Services and Infrastructure Code The application complies with the applicable acceptable solutions/performance criteria

albeit subject to conditioning.


Conflicts with the Reconfiguration of a Lot Code:

3.5.2 Overall Outcomes The purpose of this Code is to ensure that any new lots are suitable for future uses and are appropriately designed and sited given the topography and landscape elements of the area. This Codes also seeks to ensure that: • the design is an efficient use of the land; • a suitable level of infrastructure is provided; • reconfiguration is designed and located to protect the Shire’s natural resources such as

water, native habitat area and known areas of cultural significance; • Good Quality Agricultural Lands and other economic resources are not compromised, for

example by alienation or fragmentation; • the design provides for the convenient and safe movement of people; and the road network

is efficient and safe. Comment: The Applicant has not provided any information demonstrating that the subject land is not GQAL. The development conflicts with the Overall Outcomes for the Reconfiguration of a Lot Code as the site is known to be GQAL having previously hosted horticultural operations (Foster's vineyard) and would result in further fragmentation.

(e) Planning Scheme Policies/Infrastructure Charges Plan

The following planning scheme policies are relevant to the application:

No. 2 - FNQROC Development Manual If approved, this policy can be complied with by ensuring that a condition of approval requires works to be carried out in accordance with the FNQROC Development Manual. No. 4 – Water Supply Policy This policy requires rural areas with lots of 50 ha or less to provide a water supply for domestic purposes. If approved, this requirement can be complied with through appropriate conditioning. No. 5 – Road Policy Roadworks external could be conditioned in accordance with this policy save for the fact that the Applicant has not proposed a lawful means of access to the proposed lots. If Council chooses to approve the proposal against the officer's recommendation further discussions with the Applicant would be required to formalise the proposed access arrangement or to negotiate alternative access arrangements. REFERRALS Concurrence The application triggered referral to the Department of Natural Resources and Mines as a Concurrence Agency for an assessment against SPP 1/12 as relates to the protection of Strategic Cropping Land (SCL). That Department advised in a letter dated 19 June 2013 that they require conditions to be attached to any approval (Attachment 2).


PLANNING DISCUSSION

Road Access The site is accessed via Foster Road, which is generally constructed to a 6m wide gravel standard. However, there is no continuous gazetted road access available to the site, as a section of the constructed formation of Foster Road is located within the Council recreation reserve described as Lot 143 on CWL262 (refer below) and this parcel was not included in the application to formalise the arrangement. As such, it is not proposed that the new lots be provided with lawful constructed access.


FNQ Regional Plan 2009 - 2031 The rural subdivision provisions of the FNQ Regional Plan 2009-2031 require that "boundary realignments should not be permitted to create new small lots for rural residential or rural lifestyle purposes". The Plan defines a boundary realignment as a reconfiguration that does not result in the creation of any additional titles, and defines rural lifestyle as land that is zoned rural and has a lot size of 0.25-5 ha and has the potential to be used as a lifestyle block. On that basis, the proposed Lot 22 is a rural lifestyle block. In the case of a lot intersected by roads, the Regional Plan only contemplates boundary realignments, and not subdivisions creating additional lots. This proposal conflicts with these requirements because it results in the creation of an additional 2.6 ha rural lifestyle lot. Herberton Shire Planning Scheme (2005) The proposed reconfiguration would result in the creation of a 2.6 ha allotment, which is significantly less than the 50 ha minimum lot size acceptable solution identified by the Planning


Scheme's Reconfiguration of a Lot Code. There are no specific planning scheme provisions for subdividing lots severed by a road. Applicant Representations The Applicant argues that the proposed subdivision will rectify boundary issues arising from the current title being severed by Foster Road but does not elaborate on what those issues are. They consider that the proposed reconfiguration will not be detrimental to the adjacent sites or adversely impact on the surrounding area. Council's Planning Officer does not however consider that the severances of Lot 2 are prevented or impeded from operating as a single productive unit as a consequence of being intersected by Foster Road. The road experiences a very low volume of traffic and it is clear that operations have been able to continue unabated for many years under the present circumstances.

Grounds & Public Interest While the Applicant's justification for the subdivision is that it will rectify boundary issues caused by the Foster Road severance, it is not clear what those boundary issues are, and if they are of significance. Road severance subdivisions are generally justified on the basis of vehicular traffic interfering with the efficient agricultural use of the land. As indicated above, traffic volumes on Foster Road are very low and will remain that way for the foreseeable future. The only plausible argument that could be used to justify approval of the application despite the evident conflicts would appear to be public interest grounds in the context of road safety. This is not however considered to be sufficient grounds in this instance given the low volumes of traffic.

Draft TRC Planning Scheme Although the Draft TRC Planning Scheme is extraneous to the assessment, it is noted that the site is proposed to be included in the Rural Zone (GQAL Precinct) where the minimum lot size is 60ha and "split by road" subdivisions are not supported. The subject site is not proposed to be included in one of the "rural-lifestyle" precincts currently being developed by Council's Strategic Planning team.

Conclusion Given that the Planning Scheme does not specifically provide for approval of rural road severance subdivisions under the minimum lots size, officers do not support approval of a further small rural living lot within an unplanned, poorly serviced rural area with substantial road access issues. It is considered that the application conflicts with the relevant provisions and codes of the Herberton Shire Planning Scheme (2005) and the FNQ Regional Plan 2009-2031. Furthermore, approval would not be in the public interest nor are there sufficient grounds to justify approval despite the evident conflicts. It is recommended that the application be refused. Date Prepared: 20 August 2013


ATTACHMENT 1 PROPOSED PLAN OF RECONFIGURATION (DWS VS 3261622)


ATTACHMENT 2 DNRM CONCURRENCE AGENCY RESPONSE (DWS VS 3340775)


ITEM-2 EXT TO RELEVANT PERIOD - OD BYRNES - PRELIM APP FOR A MCU OVERRIDING THE PLANNING SCHEME (DEVEL CONSISTENT WITH RURAL RESIDENTIAL PLANNING AREA OVER PROPOSED LOTS 20-23 & 30-36) AND DEV PERMIT FOR ROL (2 INTO 13 LOTS) - LOTS 2 & 3 ON RP746091 - DA/13/0102


MEETING: Ordinary

MEETING DATE: 5 September 2013 REPORT AUTHOR/ OFFICER’S TITLE: Dan O'Connor, Planning Officer DEPARTMENT: Planning and Development

ATTACHMENTS: 1. Decision Notice, dated 24 November 2009 (DWVS#2046306);

2. Request to Extend Relevant Period, dated 17 July 2013 (DWVS#3364220).

EXECUTIVE SUMMARY

Council approved a development application described in the above application details at its meeting held on 18 November 2009, subject to conditions.

APPLICATION PREMISES FILE NO: DA/13/0102 (Alias

IPA08-19) ADDRESS: Lot 2 - 37 Hubbard

Road, Kairi; Lot 3 - 1 Eden Drive, Kairi

APPLICANT: O.D. Byrnes RPD: Lots 2 & 3 on RP746091 LODGED BY: Twine Surveys P/L AREA: Lot 2 - 5.01 ha;

Lot 3 - 36.76 ha DATE REQUEST TO EXTEND LODGED:

17 July 2013 OWNER : O.D. & T.M. Byrnes

TYPE OF APPROVAL:

Preliminary Approval for a Material Change of Use Overriding the Planning Scheme (IPA s3.1.6); and Development Permit for a Reconfiguration of a Lot

APPROVED DEVELOPMENT:

Preliminary Approval for a Material Change of Use Overriding the Planning Scheme (Development Consistent with the Rural Residential Planning Area over Proposed Lots 20-23 & 30-36); and Development Permit for a Reconfiguration of a Lot (2 into 13 Lots)

PLANNING SCHEME:

Atherton Shire Planning Scheme 2002 (amended December 2004)

PLANNING AREA: Rural (Where not GQAL) LEVEL OF ASSESSMENT:

Impact

SUBMISSIONS One (1) properly made.


The application was impact assessable and one (1) properly made submission was received in response to public notification of the application. Twine Surveys Pty Ltd, on behalf of the applicant, have lodged an application to extend the relevant period for a further four (4) years from 24 November 2013 to 24 November 2017. The representations accompanying the request submit that the current economic climate is not conducive to the development and that additional time is required for the property market to recover. It is considered that the approval in question displays merit despite achieving borderline compliance with certain rural subdivision provisions of the FNQ Regional Plan 2009-2031. As such, an extension of four (4) years may be appropriate under the circumstances. Should Council have reservations about the development however, a shorter extension term of two (2) years would still provide the land owners with a degree of certainty whilst granting Council a reasonable timeframe within which to reassess the progress of the development and its consistency with future planning instruments. An extension of four (4) years to 24 November 2017 is recommended.


“1. It is recommended that, in relation to the application to extend the relevant period for the following development approval:

and in accordance with the Sustainable Planning Act 2009, as amended, the following

(A) The relevant period be extended for four (4) years from 24 November 2013 to 24 November 2017.

2. A Notice of Council’s decision be issued to the Applicant and referral agencies advising of Council’s decision.”

APPLICATION PREMISES APPLICANT: O.D. Byrnes ADDRESS: Lot 2 - 37 Hubbard Road,

Kairi; Lot 3 - 1 Eden Drive, Kairi

TYPE OF APPROVAL

Preliminary Approval for a Material Change of Use Overriding the Planning Scheme (IPA s3.1.6); and Development Permit for a Reconfiguration of a Lot

RPD: Lots 2 & 3 on RP746091

APPROVED DEVELOPMENT

Preliminary Approval for a Material Change of Use Overriding the Planning Scheme (Development Consistent with the Rural Residential Planning Area over Proposed Lots 20-23 & 30-36); and Development Permit for a Reconfiguration of a Lot (2 into 13 Lots)


THE SITE

Map Disclaimer:

Based on or contains data provided by the State of Queensland (Department of Environment and Resource Management) (2009). In consideration of

the State permitting use of this data you acknowledge and agree that the State gives no warranty in relation to the data (including accuracy, reliability,

completeness, currency or suitability) and accepts no liability (including without limitation, liability in negligence) for any loss, damage or costs

(including consequential damage) relating to any use of the data. Data must not be used for direct marketing or be used in breach of the privacy laws.

The site is located within the Rural (Where not GQAL) Planning area, within an area predominantly characterised by a mix of rural residential and rural lots. While the subject lots are directly surrounded by other properties in the Rural (Where not GQAL) Planning Area, they are located in close proximity to Lake Tinaroo and the rural residential areas of Tinaroo Rise (Eden Drive) and Tinaroo Waters. The approved rural residential lots are clear of any significant vegetation or physical constraints (e.g. slope, watercourses etc). There is an existing dwelling located on Lot 2 (proposed Lot 20)


and a dwelling and ancillary farm shed on Lot 3 (proposed Lot 30). The large shed is currently used to house the applicant’s earth moving business, with trucks and machinery stored on site. At the time of granting the original approval, a review of Council’s records determined that there is no current approval for a road transport depot on Lot 3. There is an approval for bulk storage of raw materials (TPCon96-10) which does not appear to have been commenced. This approval relates to an area fronting Tinaroo Falls Dam Road. Vehicle access to the existing house on proposed Lot 30 will remain from Eden Drive and Hubbard Road. The site is serviced by Council's reticulated water supply and on-site effluent disposal. Both dwellings are accessed from Hubbard Road, which is sealed to the where the driveway of Lot 2 begins after which the road is constructed to a gravel standard and then unconstructed for the remainder of the reserve. BACKGROUND AND CONTEXT On 18 November 2009 Council granted approval for:

(a) Preliminary Approval for a Material Change of Use Overriding the Planning Scheme (Development Consistent with the Rural Residential Planning Area over Proposed Lots 20-23 & 30-36); and

(b) Development Permit for Reconfiguring a Lot (2 into 13 lots). Council's Decision Notice dated 24 November 2009, is provided as Attachment 1.

Originally the proposed Lot 200 (3.1 ha) was to be included in the area subject to the Preliminary Approval so as to establish development rights consistent with the Rural Residential Planning Area. At the time of the officer's assessment it was however considered more appropriate that Lot 200 be retained in the Rural (Where not GQAL) Planning Area. The Proposed Lot 300 (32.7 ha) will also be retained in the Rural (Where not GQAL) Planning Area.


The proposed rural residential Lots 20-23 & 30-36 comply with the minimum lot size of 4,000m². All lots, save for the existing dwelling on proposed Lot 30, would achieve access only from Hubbard Road. The proposed Lot 30 would continue to be accessed from both Eden Drive and Hubbard Road. A separate Development Approval was issued over the site (Lot 3 on RP746091) on 12 August 2009 creating four lots with a minimum 8 hectare lot size (DA/13/0103 alias IPA08-41). A similar application to create rural residential allotments on the lot to the south (Lot 175 on NR718) was also approved in 2009 (DA/13/0117 alias IPA08-58). The existing shed on proposed Lot 30 is currently used as a depot for earth moving machinery. A review of Council’s records has determined that there is no existing approval in place for this use. There is an existing Town Planning Consent Permit (TPCon96-10) for Bulk Store (Raw Material Stockpiles) which does not appear to be operating. It is considered that such uses are inappropriate to be sited in a rural residential area due to potential noise nuisance from trucks entering and exiting the site, visual amenity and dust. Accordingly, a condition of approval requires the applicant to cancel the existing approval and cease the current activity of storing earth moving machinery prior to the endorsement of the survey plan creating the rural residential allotments.

Since obtaining approval in 2009, no works have commenced on the subdivision and consequently Twine Surveys, on behalf on the Applicant, have lodged a request to extend the relevant period for a further 4 years sighting the recent downturn in property sales (refer to Attachment 2). ASSESSMENT AND DECISION REQUIREMENTS Assessment rules Section 388 of SPA requires that Council must have regard to: • the consistency of the approval, including its conditions, with the current laws and policies

applying to the development, including, for example, the amount and type of infrastructure contributions, or charges payable under chapter 8, part 1.

Applicable Planning Instruments

• Atherton Shire Planning Scheme 2002

The Atherton Shire Planning Scheme commenced on 24 June 2002 and the subject land is located in the Rural (Where not GQAL) Planning Area. The minimum lot size in the Rural (Where GQAL) Planning Area is 8 ha with a minimum frontage of 150m. The planning scheme provisions relating to the subject land have not changed since the original approval in 2009. Although the approval includes lots under the minimum lot size for the Rural (Where not GQAL) Planning Area, a Preliminary Approval to "override" the provisions of the Planning Scheme was granted under section 3.1.6 of the Integrated Planning Act 1997. The Preliminary Approval establishes development rights over the proposed Lots 20-23 & 30-36 in accordance with the Planning Scheme's Rural Residential Planning Area and the lots are consistent with the relevant provisions. Should the approval lapse, the applicant could re-apply, however there is a chance that Council may decide to refuse the application because of conflicts with the Land Use Policies of the Far North Queensland Regional Plan 2009-2031. It should however be noted that the process for demonstrating the merits of the proposal would be much the same if the assessment were revisited, particularly in light of the repeal of the State Planning Regulatory Provisions in October 2012.


• Far North Queensland Regional Plan 2009-2031

The original application was lodged prior to the introduction of the FNQ Regional Plan and as such, Council were not bound by it during the original assessment. The FNQ Regional Plan 2009-2031 includes the subject land within the Regional Landscape and Rural Production Area (RLRPA) and the approval is inconsistent with this designation on the basis that it would result in further fragmentation of rural land, which is in conflict with Land Use Policy 2.6.1. The policy in question is however aimed at avoiding fragmentation to maintain economically viable farm sizes. If it can be demonstrated to the satisfaction of Council that this is not possible, there may be grounds upon which to approve the application.

• Proposed TRC Planning Scheme The Draft TRC Planning Scheme is required to be generally consistent with the FNQ Regional Plan 2009-2031, however the site's proposed designation under the new scheme is Rural Residential (4,000m2 Precinct), which is consistent with the approval in question. Prior to the introduction of the Regional Plan, Council officers lobbied the Department of Local Government and Planning (now DSDIP) to include the site within the Regional Plan's Rural Living Area designation. The aim in doing so was to ensure that the subject lots could be fully developed for rural residential purposes. When the final version of the Regional Plan was released, the lots were included in the Regional Landscape and Rural Production Area. Consequently, further subdivision of the lots was limited below 60ha under the State Planning Regulatory Provisions. During the initial phase of the scheme drafting process, Council officers were prevented from including the entire site (Lots 2 & 3 on RP746091) in the Rural Residential Zone, with only the approved rural residential lots (Lots 20-23 & 30-36) supported for inclusion in the Rural Residential (Constrained Precinct). With the repeal of the State Planning Regulatory Provisions, the entire site has again been included in the Rural Residential Zone (4,000m2 Precinct).

• State Planning Policy 1/12 Protection of Queensland's Strategic Cropping Land This SPP commenced in early 2012 however the site is not identified by mapping as being "Potential Strategic Cropping Land". A new development application would not trigger referral to the Department of Natural Resources and Mines (DNRM) for assessment against the SPP.

• the community’s awareness of the development approval

The original development application was Impact Assessable and subject to public notification. One (1) submission was submitted. Although the development has not commenced, it is considered probable that the surrounding residents would still be aware of the approval.

• whether, if the request were refused –

(i) further rights to make a submission may be available for a further development application; and

(ii) the likely extent to which those rights may be exercised; A further development application would be impact assessable and subject to public notification. It is considered likely that a further development application would attract a similar number of submissions as the original application.


• the views of any concurrence agency for the approval given under section 385.

The original application triggered referral to the following State Agencies:

• Department of Main Roads as a concurrence agency for development on land contiguous to a State controlled road;

• Department of Natural Resources and Water as a concurrence agency for development on land containing remnant vegetation; and

• Department of Natural Resources and Water as a concurrence agency for development within the Declared Catchment Area of Tinaroo.

The Applicant referred the extension request to the above agencies through the Department of State Development, Infrastructure and Planning (DSDIP) State Assessment and Referral Agency (SARA) on 19 July 2013. DSDIP did not respond to the request to extend the relevant period within the prescribed timeframe. In accordance with section 373(2), as no response was received it is taken that the Department has no objection.

Conclusion The following options are available to Council: Option 1 - That Council approve the request in full by granting a four (4) year extension until 24

November 2017. Comment In the last 12 months or so, the State Government has introduced reforms to the legislative and regulatory regimes that govern the strategies that Council's may adopt with respect to development in rural areas. With the recent repeal of the State Planning Regulatory Provisions, Local Governments are now able to apply a degree of discretion when assessing developments against the Land Use Policies of the Regional Plan. In this case, Council's Planning Officer considers that the approved development displays merit despite being borderline in terms of compliance with certain provisions of the FNQ Regional Plan 2009-2031. Given the changing nature of the legislative/regulatory framework surrounding development in rural areas, it cannot be said with absolute certainty that the subject development would be viewed in a more favourable light in years to come. It is however considered that the development displays sufficient merit to warrant a further extension of four (4) years should Council be agreeable.

Option 2 - That Council refuse the request and the development approval would lapse on 24 November 2013 in accordance with section 390 of SPA. Comment This option may result in the applicant lodging an appeal in the P&E Court. This option is not recommended as the development approval achieves borderline compliance with the current planning instruments.

Option 3 - That Council approve a partial extension of two (2) years from the original lapse date until 24 November 2015.


Comment This option provides the land owner with a reasonable opportunity to progress the development and would permit Council to revisit the assessment at a time when it is expected that a more concrete strategy on development in rural areas is in place. Should Council have doubts in relation to the approved development, Option 3 may be applied as an alternative to the officer's recommendation for an extension of four (4) years.

Date Prepared: 21 August 2013


ATTACHMENT 1 DECISION NOTICE (DWVS#2046306)


ATTACHMENT 2 REQEUST TO EXTEND RELEVANT PERIOD (DWVS#3364220)


ITEM-3 UPGRADE OF OCCUPATIONAL LICENCE 22/219 TO TERM LEASE - LOT 219 ON SP219914 - MOUNT GARNET


MEETING: Ordinary

MEETING DATE: 5 September 2013 REPORT AUTHOR/ OFFICER’S TITLE: Peter Pattison, Senior Planner DEPARTMENT: Planning and Development

EXECUTIVE SUMMARY

Council has previously responded to a Department of Natural Resources and Mines request for their opinion on the upgrading of an Occupational Licence to a Term Lease over the peri-urban areas of Mount Garnet. Council suggested that the Eastine Creek dam be excluded from any future lease, and that the Kennedy Highway heavy vehicle layby also be excluded and opened as road. The Department is now proposing that the section of trucking pad located within the adjacent Camping Reserve also be opened as road, and, that Council purchase the entire dam site as freehold. The department is seeking Council's views and requirements on those matters.


"Council inform the Department of Natural Resources and Mines: 1) that it supports the opening of Lots A and B on drawing CNS13/056 as road, and is willing to

prepare any required road opening survey plan for Lot 34 on SP218296, if the department approves the road opening;

2) that while Eastine Creek dam is part of Mount Garnet's reticulated water supply system, it

may not be needed in the long term. Council is, therefore, reluctant to acquire the land in question in freehold, and does not have the required financial resources available at this time.

However, it believes that a five year Term Lease over the area would be an appropriate response, and notes that the Allocation Provisions of DNRM's Notification No. PUX/952/088 provide for that. A Term Lease would be Council's preferred outcome."


Map Disclaimer:





DISCUSSION: The department's letter of 19 July (Attachment 1) sets out the legislative reasons as to why the land in question cannot be simply left out of the proposed Term Lease and transferred to Council. Purchasing the site in freehold would be a long process, and would require any native title issues to be addressed. Under the current legislative requirements, the purchase price could not be less than 50 percent of the market value of the land. The current market value of the adjoining Lot 1 on AP4556 (containing the downstream section of the dam) is about $11,000/ha. On that basis, the guesstimated 50 percent freeholding purchase price of the two dam areas (12.5 & 9.55 ha) would be at least $120,000, and could be more. The Manager of Water, Wastewater and Waste Operations believes that purchase of the dam in freehold cannot be justified, and that a limited form of leasehold tenure, such as a Term Lease, is a more cost effective and appropriate outcome. If agreement cannot be reached with the Department, Council may wish to consider relinquishing control of the land altogether, and returning it to state government control and maintenance.

DE-AMALGAMATION ISSUES

NIL


LINK TO CORPORATE PLAN

Outcome – Responsible Environmental Management Environmental responsibility in the ongoing development of the Region, by improving and managing the natural and built environment

Sustainable Development Improve the region’s urban form, character and natural environment through planning and development controls, design guidelines, traditional ownership considerations and sustainable development principles.

CONSULTATION

Internal The Department's road opening proposal has been referred to Infrastructure and Maintenance Services, who are in agreement with the recommendation. The Department's freeholding proposal has been referred to the Manager - Water, Wastewater and Waste Operations, who is in agreement with the recommendation. External DNRM

LEGAL IMPLICATIONS (STATUTORY BASIS, LEGAL RISKS)

NIL

POLICY IMPLICATIONS

Establishing some form of tenure over the Eastine Creek dam may be advantageous to Council, in the long-term.

FINANCIAL & RESOURCE IMPLICATIONS

Capital Any freeholding purchase of the Eastine Creek dam site would require expenditure of an unknown amount of capital that would have to be budgeted for. Operating N/A Is the expenditure noted above included in the 2013/2014 budget?

No

If not you must recommend how the budget can be amended to accommodate the expenditure N/A

IMPLEMENTATION/COMMUNICATION

The Department will be notified of Council's decision in writing.


ATTACHMENTS

1. Letter from the Department of Natural Resources and Mines dated 19 July 2012 2. Council correspondence to DNRM dated 8 September 2009 3. maps of proposed exclusion areas Date Prepared: 14 August 2013


ATTACHMENT 1


ATTACHMENT 2


ATTACHMENT 3


ITEM-4 DEPARTMENT OF NATIONAL PARKS, RECREATION, SPORT AND RACING - LAND TENURE ENQUIRY - LOT 2 AP13774 - COLLINS ROAD, WINDY HILL

MEETING: Ordinary

MEETING DATE: 5 September 2013 REPORT AUTHOR/ OFFICER’S TITLE: Peter Pattison, Senior Planner DEPARTMENT: Planning and Development

EXECUTIVE SUMMARY

The Department of National Parks, Recreation, Sport and Racing is reviewing its Forest Reserve holdings. This review includes a 4.6 ha allotment off Collins Road in the Windy Hill area, which borders the Malaan Forest Reserve and the headwaters of the Beatrice River. The Department is seeking Council's views on dedicating this land as either road, or, a Community Purpose Reserve with Council as trustee. The officer recommendation does not support the dedication of Lot 2 on AP13774 as road, or, as a Community Purpose Reserve with Council as trustee, because it would not be in the interests of the community or Council.


"Council advise the Department of National Parks, Recreation, Sport and Racing that it considers the most appropriate land use outcome for Lot 2 on AP13774 is inclusion into the adjoining Malaan Forest Reserve, and that Council does not support the dedication of Lot 2 on AP13774 as road, or, as a Community Purpose Reserve with Council as trustee, because it would not be in the interests of the community or Council.

BACKGROUND


DESCRIPTION

Map Disclaimer:





Lot 2 on AP13774 is a long, thin allotment that adjoins the Malaan Forest Reserve, has a riparian frontage to the Beatrice River, and also has frontage to an unconstructed road. The land is relatively flat and has been previously cleared, and can be practically and legally accessed via the constructed Collins Road. Both the adjoining road area and Lot 2 are utilised by the adjoining dairy farm as part of their farm operations. The unconstructed road provides the only legal access to two other freehold titles to the north.

Lot 2 is located right on the boundary between the previous Herberton and Eacham Shires, and is not zoned by either of those shires' planning schemes. The surrounding farmland is zoned Rural, and the adjoining forest reserve areas are zoned Conservation. The draft TRC scheme designates Lot 2 as being within the Conservation zone.


DISCUSSION

Officers are concerned that any divestment by Department of National Parks, Recreation, Sport and Racing could result in unreasonable land management obligations being passed onto Council.


NIL




CONSULTATION

Internal Council's Senior Land and Lease Management Officer believes that the subject land could be kept in public ownership as a reserve for community purposes with Council as trustee, for future passive recreation use. If Council agrees to accept the land as a reserve, it should be set aside with no costs being incurred or development required until such time as a recreational need is established. External NIL


NIL

POLICY IMPLICATIONS

There are three potential land use outcomes for this allotment, if divestment proceeds: (1) dedication as road (2) dedication as a Community Reserve, and (3) creation of a small, rural freehold lot. The third outcome is not raised in the department's letter. The immediate area is characterised by long-established dairy farms, grazing holdings, and conservation estate land. In the context of appropriate land use planning for the future, creation of a small 4.6 ha freehold, rural lifestyle lot would not be consistent with the intent of the existing or future planning schemes for the area. The current unzoned status of the land would make this outcome even more problematic. Amalgamation of the land with the adjoining rural zoned land would be preferable should this occur. Dedication as road will only add to the considerable amount of unconstructed road that is currently administered by Council.


The Senior Land and Lease Management Officer supports creation of a Community Reserve over the land, with Council as trustee, and this would be compatible with the draft TRC planning scheme.


Capital NIL Operating NIL Is the expenditure noted above included in the 2013/2014 budget?

NIL

If not you must recommend how the budget can be amended to accommodate the expenditure NIL


The department will be informed of Council's decision by letter.

ATTACHMENTS

1. Department of National Parks, Recreation, Sport and Racing letter dated 9 April 2013. Date Prepared: 15 August 2013


Attachment 1


ITEM-5 DEPARTMENT OF NATURAL RESOURCES SEEK COUNCIL'S VIEWS REGARDING FUTURE USE OF LOT 69 DA118, PARISH OF SOUTHEDGE


MEETING: Ordinary

MEETING DATE: 5 September 2013 REPORT AUTHOR/ OFFICER’S TITLE: Brian Millard, Senior Planner DEPARTMENT: Planning and Development

EXECUTIVE SUMMARY

Council, at its Ordinary Meeting held on 20 June 2012 considered a request for the renewal of a special lease (grazing purposes) over Lot 69 on DA118, Fisher Road, Mareeba and resolved to offer no objection to the renewal. The Department of Natural Resources and Mines is now conducting further investigations into the most appropriate use and tenure for Lot 69 on DA118 and seeks Council's views regarding this and a possible conversion to freehold.


"That Council advise the Department of Natural Resources and Mines that Lot 69 on DA118, Parish of Southedge should be made available for sale as freehold title."

BACKGROUND

The subject land is situated on, and accessed via Fisher Road, Mareeba. A majority of the land remains covered in remnant vegetation and this may prevent its development for agricultural purposes. The land is presently used for grazing purposes and it is probable that the land will continue to be used for primary industry (grazing) purposes if converted to freehold. A high voltage overhead transmission line and easement is established within the subject land, adjacent to the eastern boundary.



NIL




CONSULTATION

Internal NIL External NIL


NIL

POLICY IMPLICATIONS

The subject land has an area of 78.762 hectares and is zoned Rural under the Mareeba Shire Planning Scheme. There is no objection to the continued use of the land for grazing purposes. The Planning Scheme nominates a 60 hectare minimum lot size for new rural lots in this locality and Lot 69 on DA118 easily satisfies this probable solution. The conversion of Lot 69 on DA118 to freehold would not comprise the intent of the Mareeba Shire Planning Scheme 2004.



NIL




The Department of Natural Resources and Mines will be informed of Council's decision by letter.

ATTACHMENTS

1. Department of Natural Resources & Mines email of 19 August 2013 (DWS VS 3399957) Date Prepared: 22 August 2013


ATTACHMENT 1


ITEM-6 REQUEST TO EXTEND INFORMATION REQUEST RESPONSE PERIOD - MT EMERALD WIND FARM PTY LTD - APPLICATION FOR MATERIAL CHANGE OF USE (UTILITY INSTALLATION - WIND FARM) - LOT 7 SP235244 - KIPPIN DRIVE, ARRIGA - MCU/11/0024


MEETING: Ordinary

MEETING DATE: 15 August 2013 REPORT AUTHOR/ OFFICER’S TITLE: Peter Pattison, Senior Planner DEPARTMENT: Planning and Development

EXECUTIVE SUMMARY

Council has received an applicant request to extend the Information Request response period for a Material Change of Use application for the Mount Emerald Wind Farm. The associated Council information request seeks further substantive technical details about noise, visual, traffic, construction and ecological impacts. The request is for a further six month extension to allow the applicant to complete a number of technical studies associated with the Council information request and other federal government requirements. Officers have requested that the applicant provide a staged response to the information request, however, this has not occurred. Section 277(3) of SPA provides for extension of the response period, and has already been used to extend the response period to 28 October 2013 in accordance with a previous applicant request. The application will lapse if a response is not provided by 28 October 2013, and if Council does not agree to a further extension. There are a number of other assessment uncertainties associated with this application. They include the final form of the Single State Planning Policy provisions and associated guidelines for wind farms, the Minister for State Development Infrastructure and Planning's refusal to deal with a wind farm amendment to the Mareeba Shire Planning Scheme, and the lapsing of the Temporary Local Planning Instrument (TLPI) for wind farm development for the Arriga area on 7 October 2013. Officers consider that the requested information includes matters that ought to be addressed for the benefit of all parties prior to Council making its decision, and that the application cannot be adequately assessed without it. If the application were to be decided without that information, there could be potential costs implications if the matter proceeds to court as an applicant appeal and Council's decision were overturned as a consequence of a failure to obtain appropriate information. Council has deferred its deciding of the request, and instead requested that the applicant provide further substantiation, including evidence of progress to date and anticipated time frames. The applicant has responded to that request, and the response is provided for Council's consideration. The officer recommendation of 4 July to extend the Information Request response period to 1 April 2014 remains unchanged.



“It is recommended that: • the Information Request response period for the Material Change of Use application for the

Mount Emerald Wind Farm (MCU/11/0024) be extended to 1 April 2014; • the applicant be requested to provide a staged response to the Information Request."

BACKGROUND

The Information Request sought further details that officers consider necessary to assess the application (see Attachment 1).

Sustainable Planning Act Provisions

Under s 278, the applicant must respond to an information request by giving Council all of the requested information, part of the requested information requested, or none of the requested information, within six months of the date of issue. Section 279(1-3) of SPA also provides for extension of the information request response period, if Council agrees. The response period has been previously extended, and is now due before 28 October 2013. Under s 279, the application will lapse if the response is not provided by 28 October 2013, and if Council does not agree to further extend the response period (see below): S 279 Lapsing of application if no response to information request (1) The application lapses if the applicant does not comply with section 278 within—

(a) for an application required by an enforcement notice or in response to a show cause notice—3 months after receiving the information request (the response period) or the further period agreed between the applicant and the entity making the information request; or

Application Chronology

16 August 2011 Application lodged

26 August 2011 Not-properly made notice issued

15 Sept 2011 Minister consents to TLPI 01/011

29 March 2012 Application becomes properly made

1 May 2012 Information Request issued

12 October 2012 Information Request response period extended to 28 October 2013

17 June 2013 applicant requests a further 6 month extension to the Information Request response period

4 July 2013 Council deferred their response & requested further supporting evidence

31 July 2013 the applicant responded to that request


(b) for any other application—6 months after receiving the information request (also the response period) or the further period agreed between the applicant and the entity making the information request.

(2) However, if the application is revived under section 280(1), the application lapses if the applicant does

not comply with section 280(2). (3) Subsection (4) applies if—

(a) the applicant asks the entity making the information request to agree to extend the response period; and

(b) the entity does not respond to the request until 5 business days before the response period ends, or later; and

(c) the entity does not agree to the extension.

(4) The response period does not end until 10 business days after the response, advising that the entity does not agree to the extension, is received.

(5) The entity making the information request must not unreasonably refuse to extend the response

period.

DE- AMALGAMATION ISSUES

The site is located within the boundaries of the soon to be de-amalgamated Mareeba Shire. Any decision on the application after 31 December 2013 will therefore be the responsibility of the new Mareeba Shire Council, as will future dealings with the application such as appeals.

APPLICANT RESPONSE TO REQUEST FOR FURTHER PARTICULARS

The applicant's Status Report response to Council's 11 July letter (Attachment 4) is commented on below.

In summary, the Report stresses that the requested extension is required so that the applicant can complete the studies and EIS required under the federal government EPBC Act environmental assessment framework. That federal assessment process requires completion and submission of the draft EIS in accordance with the Terms of Reference, and the target date for that is late September - early October. The draft EIS must be then be approved for publication by the Minister, published, undergo public comment, be finalised and submitted for assessment, and then decided by the Minister. There are no statutory timeframes associated with this process - the provided timeline shows a federal decision being made in April 2014, however, there is a significant degree of uncertainty associated with that date. The applicant makes the point that they largely have no control over the timing of this assessment process.

They also emphasise the high degree of interdependence between the various elements of the project's design and evaluation. For instance, the final location and number of turbines will be influenced by various factors, including any federal conditions of approval, and cannot be finalised until those conditions are known. The flow-on effect is that the final noise study cannot be finalised until after April 2014 (on current timelines). Given the centrality of noise impacts in the Council assessment process, deciding the application before then would not result in a satisfactory or defendable outcome. Officers believe that the environmental (flora and Fauna) substantiations for the requested extension are valid and credible, and consider the supporting material to be both detailed and informative. Council also requested evidence to support the individual information request items, including progress and timelines. A detailed analysis of those responses has not been included in this report, but officers consider that the responses are largely appropriate. However, some are cursory and


not overly informative, or unsatisfactory (eg the response to the community consultation information request). The definitive timelines request has largely been glossed over, or avoided. Despite that, officers are satisfied that the previously discussed flow-on effect is a significant factor in a number of Council's information request items and that the same arguments apply about prematurely deciding the application.

DISCUSSION

There are grounds for both approving the subject request or refusing it. The grounds for agreeing to further extend the response period are: • this a large, high-value development, with associated complex technical issues and impacts.

• the requested information includes matters that ought to be addressed for the benefit of all

parties prior to Council making its decision.

• the application cannot be adequately assessed without the requested information.

• the applicant is understood to be primarily focusing on matters required for Federal approval under the EPBC Act. This EPBC information may significantly influence the design and layout of the development, and any EPBC approval may require significant changes, or the development my not receive any federal approval at all. Deciding the planning application before any EPBC outcome is finalised, and any federal approval is conditioned, would be premature.

• if the application were to be decided without that information, there could be potential cost

implications for Council if the matter proceeds to court as an applicant appeal and a decision is overturned as a consequence of Council's failure to obtain appropriate information.

• S279(5) of SPA specifies that the entity (Council) making the information request must not

unreasonably refuse to extend the response period and there is a risk that considering the nature of this application that refusal may be seen as unreasonable.

• If Council does not agree to extend, the applicant could decide to let the application lapse

and then lodge a new application that may not be subject to the current wind farm assessment framework (ie if the state Minister were to let the TLPI lapse and not approve the planning scheme amendment, there is the potential for a diminished planning outcome under a new application).

The grounds for not agreeing to further extend the response period are:

• the development is located on the boundary of the de-amalgamated Mareeba Shire and the

continuing TRC. It is unclear if the de-amalgamated Mareeba Shire would take the concerns of TRC residents into consideration when deciding the application.

• the application is causing significant concerns to some surrounding land owners and further

delay increases uncertainty. The above grounds for not agreeing to the requested extension are primarily matters related to de-amalgamation and not are normal or particularly relevant considerations. The need for Council to ensure it has also relevant information to make a decision, legislative considerations and the potential for information from the federal approval and that approval to change the application are compelling and appropriate considerations. It is therefore recommended Council approve the requested extension.




Environmental Protection Preserve and manage the region’s natural environment, open space and scenic amenity including bushland, wildlife, waterways management, water and air quality so as to maintain urban amenity and the productivity of rural land as well as minimizing the impact that waste generated by human activity has on the natural environment. Sustainable Development Improve the region’s urban form, character and natural environment through planning and development controls, design guidelines, traditional ownership considerations and sustainable development principles.

CONSULTATION

Internal Nil External Nil


The following legal matters are highlighted for Council's consideration: • S279(5) of SPA specifies that the entity (Council) making the information request must not

unreasonably refuse to extend the response period. • If the application were to be decided without the requested information, there could be

potential costs implications for Council if the matter were to proceed to court as an applicant appeal and a decision is overturned as a consequence of Council's failure to obtain appropriate information.

POLICY IMPLICATIONS

• The previous Tablelands Regional Council recognised that the relevant planning scheme provisions were inadequate for the proposed wind farm and prepared a Temporary Local Planning Instrument (TLPI) for wind farm development that only applied to the Arriga area. The TLPI came into force in October 2011, and the Minister for State Development, Infrastructure and Planning has extended its currency period to 6 October 2013.

• Under the provisions of that TLPI, the development application is only code assessable, which means that the application does not have to be publicly notified, and that there are no third party appeal rights to any decision. There has been considerable public interest in the development, and Council has received a large number of submissions and representations.


• A wind farm amendment to the Mareeba Shire Planning Scheme was submitted to the Minister for State Development, Infrastructure and Planning for approval in August 2012. He has not dealt with that planning scheme amendment, but has instead extended the TLPI to 6 October 2013.

• The development application for the wind farm is subject to the provisions of the TLPI, provided that TLPI is still in place at the time the application is decided. It is unclear if the provisions of the TLPI will apply to assessment of the application, if the TLPI lapses prior to the application being decided.

• The state government is currently preparing a single State Planning Policy, and the Minister for State Development, Infrastructure and Planning has informed Council that the policy will address wind farms. The draft of this document did not include provisions for wind farms or associated guidelines.

• The draft TRC Planning Scheme contains a Renewable Energy Facility Code that is capable of addressing wind farm development throughout the whole of the TRC.

STAFFING/ASSESSMENT IMPLICATIONS Planning and Development's ability to assess the application will be severely limited during September and November because key staff will be absent.


Capital NIL Operating Sufficient funds have not been allocated in the 2013/14 budget to engage appropriate experts to assist in assessing this application. Is the expenditure noted above included in the 2012/2013 budget?

Yes, however, the 2013/14 Budget allocation was removed.

If not you must recommend how the budget can be amended to accommodate the expenditure An amendment to the budget will likely be required.


Council's decision will be communicated to the applicant in writing and a media release would be advisable to ensure concerned residents are aware of the extension.

ATTACHMENTS

1. Information Request 2. applicant request to extend Information Request response period 3. Council request for further evidence dated 11 July 4. applicant response to Council dated 30 July Date Prepared: 7 August 2013


ATTACHMENT 1


ATTACHMENT 2


ATTACHMENT 3


ATTACHMENT 4


ITEM-7 CONSIDERATION OF FURTHER NOISE MONITORING - WINDY HILL CONFIDENTIAL

REASON FOR CONFIDENTIALITY

This report is CONFIDENTIAL in accordance with Section 275 of the Local Government Regulation 2012, which permits the meeting to be closed to the public for business relating to the following:

(f) starting or defending legal proceedings involving Council.


REGULATORY SERVICES

ITEM-8 ENFORCEMENT NOTICE - REUBEN PAUL ZIMMERMANN - 18-20 MAZLIN STREET, ATHERTON CONFIDENTIAL

REASON FOR CONFIDENTIALITY

This report is CONFIDENTIAL in accordance with Section 463(1)(f) of the Local Government Act 1993, which permits the meeting to be closed to the public for business relating to the following: - (f) starting or defending legal proceedings involving it.


CORPORATE PLANNING, PERFORMANCE & RISK

ITEM-9 REQUEST INSTALLATION OF A SEAT OUTSIDE THE LUTHERAN CHURCH IN GOLF LINKS ROAD AND REMOVE VEGETATION OPPOSITE QUINN CLOSE


MEETING: Ordinary

MEETING DATE: 5 September 2013 REPORT AUTHOR/ OFFICER’S TITLE: John Breen, Senior Advisor Infrastructure and Planning DEPARTMENT: Planning and Development

EXECUTIVE SUMMARY

Ms Judith Fitzsimon requested Council by letter dated 11 July 2013 to install a seat outside the Lutheran Church in Golf Links Road and to remove vegetation opposite Quinn Close to improve visibility. The subject vegetation is in private property and the installation of a seat is not recommended.


" That Council advise Judith Fitzsimon:

1. Council has decided not to install a seat at the suggested location due to the expected under utilisation of such a facility and higher priorities elsewhere, and

2. The subject vegetation that is restricting visibility on Golf links Road is situated on private

property. Council contacted the managing agency for the property and the obstructing vegetation has now been removed in the interests of public safety to improve visibility along Golf Links Rd."

BACKGROUND

A letter dated 11 July 2013 was received from Judith Fitzsimon suggesting that Council install a seat in Golf Links Rd in front of the Lutheran Church near the Kennedy Highway. She also requested Council to remove vegetation to improved visibility on Golf Links Rd opposite Quinn Close. Request for seat. Whilst there is evidence of reasonable pedestrian traffic across Prior Creek footbridge and into Golf Links Rd there is considered to be very low demand for a seat in Golf Links Rd as most people on their way to and from home would not be inclined to use it. The estimated cost of an out door bench seal on a concrete slab is $2,000 and ongoing maintenance costs also need to be considered. The costs are considered to out way the benefit and accordingly seat installation is not recommended.


Request for vegetation clearing A site inspection revealed that the vegetation, as described by Judith Fitzsimon, is indeed reducing visibility along Golf Links Rd. However the vegetation is not within the road reserve (refer to aerial image below) but is situated within Lot 70 on RP710611 which is managed by a real estate agency. The vegetation appears to have existed for many years. Parks staff contacted the management agency for the property, and obtained the owners cooperation in removing the subject vegetation. The vegetation was removed on 23 August 2013.


NIL


Outcome – Connecting our Region Well connected and integrated systems and networks to support the Region’s economic base as well as provide greater mobility and improved accessibility options for the community. STRATEGY

CONSULTATION

Internal Shane Bisseker Coordinator Parks and Gardens Colin Gibbs Foreman Parks and Gardens (Central) External Real Estate managing agency for Lot 70 on RP710611


NIL

Traffic Management Plan for, provide and maintain a safe and trafficable road network for the movement of people, goods and services safely, efficiently and conveniently.


POLICY IMPLICATIONS

NIL



NIL



NIL

ATTACHMENTS

1. Letter dated 11 July 2013 from Judith Fitzsimon – DW #2818905 Date Prepared: 26/8/2013


ITEM-10 REGISTER OF ROADS MAINTAINED POLICY - REQUEST TO ADD AN UN-NAMED SECTION OF ROAD TO THE ROAD REGISTER OFF WOLFRAM ROAD DIMBULAH - FAVARO ROAD


MEETING: Ordinary

MEETING DATE: 5 September 2013 REPORT AUTHOR/ OFFICER’S TITLE: Tony Hughes, Asset Management Advisor DEPARTMENT: Planning and Development

EXECUTIVE SUMMARY

Following a report presented to Council by Trevor Adil (General Manager Infrastructure and Maintenance Services) at its 6th of June 2013 meeting, Council resolved the following :- "That Council staff implement the required process to name the unnamed road off Wolfram Road, Dimbulah, 'Favaro Road'." Council staff have undertaken the required process and recommendations are listed below for Council's consideration.


"That Council 1. Accept the 507m long section of road off Wolfram Road, just east of Parise Road, in the

locality of Dimbulah, that provides legal and practical access to Lot 185 on HG605 and Lot 14 on HG72 on to the Road Register in accordance with its adopted policy 'Addition of Roads to the Register of Roads Maintained Policy';

2. The road be named Favaro Road; and

3. Advise the relevant government agencies and correspondents of the new road name."

BACKGROUND

The subject road is approximately 507 m long and contains a 3m wide gravel access which serves the two properties (refer to previous report by Trevor Adil, General Manager Infrastructure and Maintenance Services Attachment A). The existing gravel access is contained within the subject road reserve and provides access to two rateable properties. The road is proposed to be included on to the Road Register as per the 'Addition of Roads to the Register of Roads Maintained Policy'. As per policy, this report is to provide Council with notice of proposed roads to be included onto the register.


The current 3m wide gravel access is considered adequate to service the two existing properties however some gravel pavement widening at the intersection with Wolfram Rd would improve safety for road users. The cost to maintain this section of road in its current form is estimated to be in the order of $3000 per year and the maintenance budget will need to be varied in order to maintain the current level of service. Any request for upgrade would need to be given due consideration in any future capital works budget deliberations. The Council resolution from the 6th of June 2013 (Attachment B) requested staff to implement the required process to name the road 'Favaro Road'. Council officers contacted the owners of the two properties who access this road to ascertain if there were any objections to the road name change. Both property owners were supportive of the change. Council officers have also contacted residents whose last name is Favaro to ascertain if there were any objections to the road name change. All residents contacted were supportive of the change.


NIL


CONSULTATION

Internal NIL External The two property owners serviced by the subject road were contacted as well as residents whose last name is Favaro.

Outcome – Connecting our Region Well connected and integrated systems and networks to support the Region’s economic base as well as provide greater mobility and improved accessibility options for the community. STRATEGY

Traffic Management Plan for, provide and maintain a safe and trafficable road network for the movement of people, goods and services safely, efficiently and conveniently.

Outcome – Regional Infrastructure Regional infrastructure networks designed, implemented and maintained to meet the Region’s current and future needs. STRATEGY

Infrastructure Maintenance

Ensure the region’s infrastructure networks are continuously reviewed and maintained to a standard that will maximise their long term benefit to the community.



The road provides legal and practical access to Lot 14 on HG72, and Lot 185 on HG605 from Wolfram Road, Dimbulah. Council has legal responsibility for constructed roads contained within the gazetted road reserve.

POLICY IMPLICATIONS

In preparing this report, due consideration was given to the following: • 'Addition of Roads to the Register of Roads to be Maintained Policy'; • 'Road Naming Policy' and the • The Australian Standard (AS/NZS 4819: 2011) for Rural and Urban Addressing.


Capital There would be little to no capital requirements in the short to medium term should the road be maintained in its current form, however, if an increase in the current level of service is requested then Council will need to consider the budget implications and on-going renewal need. Operating In its current form, the cost to maintain the road is estimated at $3,000 per annum. Is the expenditure noted above included in the 2013/2014 budget?

No

If not you must recommend how the budget can be amended to accommodate the expenditure The operating budget will need to be varied to include the above.


Should Council adopt the recommendation, the following will be actioned:

1. Internal systems will be updated to reflect the existence and naming of the road reserve; 2. Council's road register to be updated; and 3. Relevant government agencies and the owners Lot 14 on HG72, and Lot 185 on HG605 to

be informed of Council's decision.

ATTACHMENTS

1. Report to Council 6 June 2013 DW#2751571 2. Action from Ordinary meeting 6 June 2013 DW# 2770392 3. List of approved names for the Arriga, Dimbulah & Mutchilba localities Date Prepared: 21 August 2013


Made up of the localities of Arriga, Dimbulah & Mutchilba

Name Source Geographical

relevance Cibau P. Cibau

Tobacco pioneer

Galloway Jack Healy Galloway 18 Battalion Volunteer Defence Corps Fought in WWII

Wolfram

Genocchio Angelo Euginio Genocchio 9 Labour Company Served in WWII; Arthur Genocchio Fought in Korea

Born Dimbulah

Henson W. Henson Tobacco pioneer

Marsterman Early pioneer family Reichardt W. Reichardt

Tobacco pioneer Born Dimbulah

Volkman Early pioneer family


ITEM-11 'YOUR COUNCIL COMING TO YOU' INFORMATION STALLS DOCUMENT INFORMATION

MEETING: Ordinary

MEETING DATE: 2 September 2013 REPORT AUTHOR/ OFFICER’S TITLE: Joy Wii, Community Planning & Development Officer DEPARTMENT: Planning and Development

EXECUTIVE SUMMARY

This report is to update Council on the 'Your Council Coming to You' community engagement initiative conducted across the whole of the Tablelands region. Fifteen information stalls were held from November 2012 - July 2013 in the towns of Dimbulah, Mareeba, Chillagoe, Kuranda, Herberton, Mt Molloy/Julatten, Ravenshoe, Mt Garnet/Innot Hot Springs, Yungaburra, Malanda, Millaa Millaa, Tolga and two stalls were held in Atherton and another held at the Wellbeing Expo where approximately 5000 people attended.


"That the continuing Tablelands Regional Council (TRC) continues the initiative annually through the months of March to September with an information stall being held approximately every 2 - 3 weeks across eight towns/districts in the continuing TRC area. The estimated cost of $5,500.00 is included in the 2013/14 budget."

BACKGROUND

Identified benefits 'Your Council Coming to You' information booths were an effective community engagement initiative and improved communication with residents to connect Council with the community. The benefits of this initiative for both Council and the community include: � Increased community awareness about Council’s services, planning and program delivery � Increased awareness across Council of community views and the issues that should be

considered as part of the decision-making process � Increased awareness of the needs, priorities and diversity of the local community, which in turn

ensures that Council’s service provision and planning functions are aligned appropriately � Council and the community working together to address local issues � Potentially significant time, resource and cost savings for Council as issues are dealt with

before they become major problems Resident feedback The feedback from the community has been excellent. Many residents requested that this become a regular program as they felt the opportunity to speak in person to representatives from different departments and their divisional councillor was something they appreciated and valued. Residents also said that the information stalls were a great way to let Council know about their concerns and provide an opportunity to speak to someone in person who could help them. It should be noted that


the information booths received a substantial number of customer requests which were very diverse in nature and residents said they found the information stall less confronting and easier than going to the office. Number of Residents assisted Approx: 2000 Residents attended at least one of the stalls at 'Your Council Coming to You' Approx: 372 Customer Requests (Cr's) were lodged at the info stalls. (Number of CR's taken does not include requests taken by Councillors) Approx: 375 Residents took away Health and Wellbeing information Approx: 1600 Residents took away Council information Approx 780 Disaster Management bags distributed Draw card The Disaster Management show bags were made possible through funding provided under the Community Development and Recovery Package, which is a joint initiative of the Australian and Queensland Governments under the Natural Disaster Relief and Recovery Arrangements. At each information stall Disaster Management show bags were given out to residents freely and proved to be very successful with approximately 780 show bags distributed. Not only do these show bags get important information out about disaster preparation but proved to be an excellent drawcard for people to stop and have a chat to us about a myriad of topics. Process for informing residents Residents were mainly informed using a flyer in a letter box drop delivered a week before conducting each of the information stalls to advise residents of the time, date and which of the department representatives and Councillor/s would be attending. Dimbulah, Mareeba and Chillagoe were the first three conducted as trials and no flyers were sent out. For these first three, notices went into the newspapers and posters were put up around the towns. Each Divisional Councillor was asked to nominate the department representatives they thought would be beneficial for the town. There was also no mail box delivery of flyers for the two (2) Atherton stalls due to: � The long lead-in time needed by Australia Post (6 weeks) to have the flyers delivered and � Australia Post advised that approximately 6000 flyers would be required for each of the two (2)

letter box drops for Atherton at a cost of $1752.00, and � The time component and the cost of placing the notices in local papers was the less expensive

option.

Flyers were sent out to residents in Kuranda, Herberton, Mt Molloy /Julatten, Ravenshoe, Mt Garnet/Innot Hot Springs, Yungaburra, Malanda, Millaa Millaa, Tolga. The estimated advertising costs for notices in The Advertiser, Kuranda Paper, The Tablelander and Eacham Times averaged out at approximately $300 each per advertisement. The cost of advertising was less for the Kuranda Paper and Eacham Times and more for the Advertiser and Tablelander. The range of costs for notices in the paper was from $300.00 to 600.00 per ad and some information events had to be advertised twice e.g. as two stalls were held in Atherton. Cost 2012 /13 for fifteen events across the whole Tablelands region Letter Box drops cost for 9 towns - $1,187.90 Approximate Advertising Costs = $4,800.00 Cost of stall for Well being Expo = $ 30.00 Total external costs for 2013 was $6,017.90


Estimated Cost 2014 for 9 events for Southern Tablelands area 8 Towns/Districts: Tolga, Yungaburra, Malanda, Millaa Millaa, Herberton, Ravenshoe, Mt Garnet and Innot Hot Springs and includes letter box drops for Atherton's (2) two events. Letter Box drops cost for 8 towns = $2,500.00 Approximate Advertising Costs = $3,000.00 Total estimated expenses for 2014 = $5,500.00


The initial 15 information events were held across the whole of the Tablelands region. Should Tablelands Regional Council (TRC) continue this initiative on an annual basis, it would be conducted across the new Tablelands Regional Council boundaries. The new Mareeba Shire Council commences on 1st January 2014 and they would decide if they want to conduct an initiative like this for their new Shire.


A Vibrant and Healthy Community: Outcome - Health and Wellbeing A Well Managed Region: Outcome - Accountable Leadership

CONSULTATION

Internal Councillors CEO and GM's Coordinator Disaster Management Coordinator Tourism Events Officer Gallery & Arts Officer Manager ATGIS Manager Infrastructure & Road Maintenance Manager Land & Facilities Manager Planning & Development Manager Project Delivery Manager Regulatory Services Manager Urban Planning Rates Officer Snr Advisor Corporate & Community Planning Snr Advisor Environmental Planning Supervisor Parks & Gardens External


NIL

POLICY IMPLICATIONS

NIL



Capital NIL Operating Is the expenditure noted above included in the 2013/2014 budget?

Yes



As per Officer's recommendation

ATTACHMENTS

NIL Date Prepared: 26 August 2013


ITEM-12 DIVISIONAL UPDATES ON PROGRESSING COMMUNITY PRIORITIES - ACTIONS TAKEN BY TRC


MEETING: Ordinary

MEETING DATE: 5th September 2013 REPORT AUTHOR/ OFFICER’S TITLE: Glenys Pilat, Snr Advisor Corporate & Community Planning DEPARTMENT: Planning and Development

EXECUTIVE SUMMARY

There have been high community expectations that Council, government departments, regional bodies and community organisations and groups would take notice of the community's aspirations and priorities documented in the Tablelands Community Plan 2021 and use them to allocate resources and inform strategic planning, develop policies, set service and project priorities and inform funding applications for government and corporate grants. In response, in November 2012, Council decided to prepare an update on the actions TRC has taken since becoming aware of the community priorities documented in the 20 town and district community plans and the 7 Indigenous community plans. The intention was to inform residents, businesses, community groups and government agencies of the progress of these Council actions, for example, some Council actions have been completed, others have commenced, many are ongoing, some strategies will be considered in the future and in a relatively few cases Council has taken no action. Table 1 provides a quantitative analysis of the progress of TRC actions in response to community priorities across the eight council divisions. This review exercise demonstrates that Council has indeed used the community priorities to inform its service and project delivery by considering the information during budget processes, strategic planning and policy development. Eight divisional updates on the Tablelands Community Plan 2021 have been completed and as a divisional report was prepared, it was distributed at the "Your Council Coming to You" TRC Info Stall held in the respective division and community feedback was very positive. A copy of each of the divisional updates is attached to this report.


"That Council accepts the eight divisional updates prepared to document the actions taken by Council regarding the town and district community priorities identified in the Tablelands Community Plan 2021 and makes the divisional updates available on the website and via email to inform residents, community groups, businesses and government agencies."

BACKGROUND

High council investment At the time the Tablelands Community Plan 2021 was developed, it was a legislative requirement by the Queensland Government that all councils develop a long term community plan with meaningful community participation. Therefore, Tablelands Regional Council invested heavily to


produce a community plan that reflected the views of a diverse and dispersed regional population, resulting in approximately 11,000 people or 34% of the Tablelands population aged 15 years and over participating in 89 events and activities held over two years. High community expectations Community expectations were high that Council and government departments would take notice of the community's aspirations and priorities documented in the community plan and use them to allocate resources and inform strategic planning, develop policies and set service and project priorities. As a result, in November 2012 Council decided to prepare an update on the actions Council has taken since becoming aware of the community's priorities outlined in the plan. High outcomes The eight divisional reports are the outcome of this review exercise and they demonstrate that Council has indeed used the community priorities to inform its service and project delivery by considering the information during budget processes, strategic planning and policy development. There were 456 strategies in the town and district community plans where TRC was identified as having some responsibility to assist with achieving the community's priority. Of the 730 actions Council took in relation to these, there were only 23 occasions or 3% where Council took no action. On the other hand, 86% or 630 of the actions taken by TRC have commenced, been completed or are an ongoing commitment. Table 1 presents a quantitative analysis of the actions taken by Council and the progress of each of these actions.

Review of TRC actions only The divisional reports provide an update on the progress of Council actions regrading those community priorities which are within the scope of Council's responsibility and where TRC was identified as a community partner. It is the report author's view that this scope is within Council's responsibility, authority and capacity to review and report on. The progress reports do not provide any assessment of the progress of achieving the identified community priorities in the plan as in most cases this involves a subjective assessment about whether or not a community priority has been achieved, or to what degree progress has been

Table 1. Analysis of Actions Taken By TRC in Response to Community Priorities

Progress Report on TRC Actions

Division

Strategies where TRC

identified as having

responsibility

Number of TRC Actions Completed Commenced Ongoing Future

consideration No

action

One 84 124 48 (39%)

32 (26%)

24 (19%)

15 (12%)

5 (4%)

Two 58 82 31 (38%)

19 (23%)

25 (31%)

5 (6%)

2 (2%)

Three 42 84 29 (35%)

27 (32%)

19 (23%)

6 (7%)

3 (3%)

Four 61 95 22 (23%)

28 (29%)

28 (29%)

13 (14%)

4 (4%)

Five 32 53 11 (21%)

13 (24%)

21 (40%)

7 (13%)

1 (2%)

Six 76 116 25 (22%)

28 (24%

43 (37%)

18 (15%)

2 (2%)

Seven 25 41 8 (20%)

11 (27%)

18 (44%)

3 (7%)

1 (2%)

Eight 88 135 37 (27%)

42 (31%)

41 (30%)

10 (8%)

5 (4%)

TOTAL 456 730 211 (29%)

200 (27%)

219 (30%)

77 (11%)

23 (3%)


achieved in working towards attaining the aspiration or priority. Council was often only one community partner and the attainment of the community priority is not totally within Council's authority or area of responsibility. Nor do the divisional reports provide an update of actions taken by other community partners as the work involved in accessing relevant information was beyond the scope of this review agreed to by Councillors in November 2012. Review of town and district community priorities only The progress reports provide an update on actions taken in relation to the town and district community priorities and do not cover the actions taken by TRC regarding the regional aspirations and priorities, largely because many of the regional priorities are "big ticket" items which Council would consider during the development of its new corporate plan, which was put on hold due to the de-amalgamation process. However, there are Council actions that are contributing to progressing some of the regional aspirations and a regional progress report could be produced if Council was interested to review these actions.


Many community partners and government departments continue to value the community priorities and other material documented in the Tablelands Community Plan 2021 and this review demonstrates that Council has been able to make effective use of the documented community priorities to inform budget planning, service delivery and policy development. The plan is in a format that makes it readily adaptable for use by the continuing TRC and the new MSC. The community priorities for 20 towns/districts and 7 Indigenous community plans were developed using a place-based approach so the town/district plans can be easily split between the two council areas. Each council can select those regional priorities it deems relevant and important to progress. This material could be used to inform the respective Corporate Plans that each council is required to prepare in 2014.


A Well Managed Region: Accountable Leadership

CONSULTATION

Internal Executive Management Team Senior Management Team Senior Officers External Dept of Local Government Cairns Regional Council Cook Shire Council Cassowary Coast Regional Council Redlands Regional Council FNQROC



Nil

POLICY IMPLICATIONS

Nil


Capital Nil Operating Nil Is the expenditure noted above included in the 2013/2014 budget?

Nil


Make divisional updates publicly available by placing on TRC website and emailing reports on request

ATTACHMENTS

1. Tablelands Community Plan Update Div 1 DW#2834781 2. Tablelands Community Plan Update Div 2 DW#2834830 3. Tablelands Community Plan Update Div 3 DW#2834842 4. Tablelands Community Plan Update Div 4 DW#2834844 5. Tablelands Community Plan Update Div 5 DW#2834851 6. Tablelands Community Plan Update Div 6 DW#2834858 7. Tablelands Community Plan Update Div 7 DW#2834863 8. Tablelands Community Plan Update Div 8 DW#2834865 Date Prepared: 20/8/13


Tablelands Community Plan Update Div 1


ITEM-13 CCTV - GRANT FUNDING DOCUMENT INFORMATION

MEETING: Ordinary

MEETING DATE: 5 September 2013 REPORT AUTHOR/ OFFICER’S TITLE: Alan Lambert, Manager Corporate Planning, Performance and

Risk DEPARTMENT: Planning and Development

EXECUTIVE SUMMARY

An application was submitted to the Commonwealth Attorney-General's Department in May 2013 for funding from the National Crime Prevention Fund for the installation of CCTV systems in five of the Tableland towns (Kuranda, Herberton, Ravenshoe, Atherton and Mareeba). The total amount of funding sought was $357,162. Advice was received from the Minister for Home Affairs and Minister for Justice, Hon Jason Clare MP, on 21 August 2013 that Council has been awarded a grant of $100,000 from the National Crime Prevention Fund. The purpose of this report is to obtain a decision of Council as to where the funding is to be allocated so that the funding agreement can be negotiated with the Attorney-General's Department and work can commence on the preparation of a tender specification for the proposed CCTV installations.


"That the $100,000 grant received from the National Crime Prevention Fund for the Atherton Tableland CCTV Priority Project be allocated as follows: $35,000 to match the funds already spent on the Mareeba CCTV Trial Project to be used for the further expansion of the Mareeba CCTV system; $65,000 for the investigation, design and installation of a CCTV system in Main Street, Atherton."

BACKGROUND

In May 2013, an application was submitted to the Commonwealth Attorney-General's Department for funding from the National Crime Prevention Fund for the installation of CCTV systems in five of the Tableland towns - Kuranda, Herberton, Ravenshoe, Atherton and Mareeba. The total amount of funding sought was $357,162, split up as follows: Kuranda - install CCTV units $72,320 Herberton - install CCTV units $49,300 Ravenshoe - install CCTV units $59,500 Atherton - install CCTV units $72,500 Mareeba - upgrade existing mobile CCTV unit$18,542 Mareeba - expand existing trial system $85,000


Advice was received from the Commonwealth Minister for Home Affairs and Minister for Justice on 21 August 2013 that Council has been awarded $100,000 from the National Crime Prevention Fund. Contact was also made by the Project Officer from the Attorney-General's Department who will be working with Council to draft the Funding Agreement, requesting advice of what work Council will be able to deliver with the reduced funding so that the Funding Agreement can be prepared. A discussion on the grant funding received was held with available Councillors on Monday, 26 August 2013 and various options considered as to how the money should be allocated. In view of the fact that the Mareeba Trial CCTV Project (which cost $35,000) was funded by the Mareeba Benefited Area Levy, it was considered that an equivalent amount of funding should be allocated or 'reimbursed' to Mareeba. In relation to the balance of $65,000, the options considered were doing two smaller projects to the value of approximately $33,000 each in two of the other Tableland towns or doing one larger project to the full value of $65,000 in one of the towns. The recommended option was to spend the full $65,000 on the investigation, design and installation of CCTV in Main Street, Atherton with future funding applications and/or budget allocations then being directed to the installation of systems in Kuranda, Herberton and Ravenshoe. It should also be noted that further funding of $50,000 from the Mareeba Benefited Area Levy has been included in the current 2013/14 budget to expand the Mareeba CCTV system, and if all or part of this funding is used to supplement the grant funding of $35,000, Mareeba's CCTV capability will be significantly enhanced.


The splitting of the grant funding between Mareeba and Atherton will need to be managed as part of the de-amalgamation process. While it is intended that the preparation of a tender specification and the calling of tenders for the necessary work in both towns will be completed prior to 31 December 2013, it is highly unlikely that the equipment will be supplied and installed by that date.


COMMUNITY - Community Safety: Support a safe living environment for the community through a proactive response to public safety matters.

CONSULTATION

Internal Crs Lee Long, McGrath, Stocker, Linwood and Hodge Grants Officer - Nicole Van Beuningen External Project Officer Gemma Dyer of the Commonwealth Attorney-General's Department


Images captured by CCTV systems may be used for prosecution of perpetrators of criminal acts and there are legal implications related to this. Council also has legal obligations under the Right to Information and Information Privacy Acts and the Records Management Act with respect to the capture and management of personal information.


POLICY IMPLICATIONS

A policy on the management and operation of Council's CCTV systems was endorsed by Council at its meeting held on 21 March 2013. The installation, management and operation of any systems installed via the $100,000 grant funding will be in accordance with this policy


Capital Grant funding of $100,000 received from the National Crime Prevention Fund plus $50,000 from the Mareeba Benefited Area Levy allowed in the 2013/14 budget. Operating Ongoing operating expenses are mainly the quarterly service charges and call-out fees paid to the CCTV contractor. The Mareeba Trial CCTV system has an annual service maintenance fee of $3,600. Additional staff costs will be involved if Council is subject to a number of Right to Information requests and staff have to go back through recorded footage and formally process an RTI application. The cost in staff time to process a single RTI application where recorded footage is still available could be in the vicinity of $500.00. Is the expenditure noted above included in the 2013/2014 budget?

Current budget provision is for the maintenance of the existing Mareeba trial system. Additional service costs will be incurred once the new equipment is installed.

If not you must recommend how the budget can be amended to accommodate the expenditure The 2013/14 budget will need to be amended to cover the increased maintenance costs once the equipment is installed and a price obtained from the contractor.


Following the Council meeting, advice will be provided to the Commonwealth Attorney-General's Department and the District Police Inspector of the Council's decision. Work will also commence on the preparation of a tender specification for the proposed works.

ATTACHMENTS

1. Letter from the Hon Jason Clare MP, Minister for Home Affairs and Minister for Justice. Date Prepared: 27 August 2013


DISASTER MANAGEMENT

ITEM-10 AUSTRALIAN EARLY WARNING NETWORK DOCUMENT INFORMATION

MEETING: Ordinary

MEETING DATE: 5 September 2013 REPORT AUTHOR/ OFFICER’S TITLE: Sarah Dean, Senior Advisor Disaster Management DEPARTMENT: Planning and Development

EXECUTIVE SUMMARY

During the 2010/11 wet season, a number of Emergency Alerts (EA) were issued to provide warnings to residents of potential disaster events in the TRC region. As a result of issuing these warnings, a number of unofficial complaints were received from residents. This prompted the LDMG to consider alternative systems which will enable the limitations of the state-wide EA system to be overcome. The LDMG have considered various options for mass communication and make a recommendation to Tablelands Regional Council to adopt the Australian Early Warning Network (AEWN) which is a multi-channel Geographic Notification and Information System (GNIS) for use during disaster events in the Tablelands Regional Council area. The system provides the capability to instantly and simultaneously broadcast alerts and notifications to groups and individuals. The system is geographically aware, meaning only those people needing the information receive it. The system uses a Google Maps interface to accurately draw target notification areas. Messages may be sent across one or more of these channels: • Email • SMS • Phone (text to voice) • Website/RSS • Smartphone applications The Australian Early Warning Network uses the system to provide notifications of severe weather, bushfire, tsunami and other significant threats to registered members. Potentially dangerous weather systems are tracked and the network used to alert people under threat. EWN receives weather warnings, tsunami and other alerts directly from Bureau of Meteorology and other agencies.


"That Council: 1. support in principle, the adoption and use of the Early Warning Network for disaster

operations in the Tablelands Regional Council area; and 2. consider providing $5,000 for this program at the next budget review."


BACKGROUND

The Australian Early Warning Network monitors and issues warnings covering the council area for all potential threats on a 24 hours a day, 7 days a week, 365 days a year basis. First responders can be made aware of any threat through whatever communication channels they choose. Please read the accompanying brochure on the Australian Early Warning Network at:

http://www.ewnalert.com/clients/tablelands_regional_council_presentation.pdf. The LDMG was offered a free trial of the system during the 2012/13 wet season. However, as the wet season didn’t really materialise, there were no activations and therefore no opportunities to undertake real time testing of the system. As a result, an exercise was carried out on the 8 & 9 August 2013 to test the system. Warning messages were sent to the following groups of people during the testing phase: Internal • LDMG Members • Councillors • Managers • Employees External • LDMG Members • Community Disaster Team Members During the exercise, a variety of messages were sent to different groups as well as quick alerts and geographical based alert messages. The final test message was sent to all registered users. This captured 110 people who were all sent messages via email, SMS and landline (according to their chosen preferences) within a few seconds of hitting the button on the web interface to send the message. The administration panel allows Tablelands Regional Council to comprehensively monitor and report on who has received the message and when the message was read providing an auditable trail. Opportunities provided by the EWN services and technologies include: • Alerting Responders – EWN ensures response staff are aware of any threat using SWIM and

All Alerts. • Alerting at Risk Residents - Location Based Warning System – SMS, email, Mobiles,

landline, Facebook, Twitter, web Be Informed - Severe Weather Safety Centre. • Mobile Alert Access – Send alerts from anywhere including from your phone. • Free iPhone/Android Alert Apps – alert residents based on the physical location of the

phone. Receive location tagged incident reports and images. • View member locations - allowing council to contact/query individuals or groups from map

locations. • Locating and contacting staff.


• Mitigating risks under new WHS provisions affecting councils Feedback from those involved in the exercise and the limited real warnings issued has been extremely positive and includes comments such as: "The EWN test worked really well. The warning system is a great idea, thanks for all your effort" (Resident, Tinaroo). "It worked great, this is a valuable service. We even received the message when we were in Rockhampton" (Resident, Speewah). "I have received about 3 EWN alerts and they are so good. I can then let my email network across the region know what is happening even before the news happens from the radio. Thanks for setting this up I really appreciate it and so does the Safer Communities, Transport & Aged Care Committees" (Tablelands Regional Council Employee). "Love the severe weather warnings. I was travelling to the coast Monday before Xmas – received the warning then hit the worst weather - next time I will pull over" (Resident, Ravenshoe). "This is such a great system. It will work brilliantly during operations to alert LDMG members of meetings and the latest updates and will save so much time ensuring everybody has the same key messages. The beauty of the back office stuff is you can monitor who has and hasn’t read the message so you know where to direct the resources (LDMG Member). The Australian Early Warning Network is the system supported by the Tablelands LDMG. Other systems such as Whispir, Disaster Hub and Community Alert were evaluated and rejected for various reasons (cost, function, etc.) in favour of this system.


The new Council will need to decide whether it wants to adopt the warning system for use in the Mareeba Shire Council area. Following discussion with the vendor, they have agreed that if Tablelands Regional Council adopts the system now, then no further set up fees for the new Mareeba Shire Council will be payable. However, MSC will need to pay the monthly service fees from January 1 2014 if they chose to continue the service. It should be noted that there are already Mareeba based registrations in the EWN system. Towards the end of the year, those registered in the MSC area will be contacted and advised that their registrations will expire on January 1 2014. It is hoped that MSC will adopt the system so that the registrations can be transferred.


This links directly to the following priority issues within the Corporate Plan 2009-2013: "A Vibrant and Healthy Community" - Support a safe living environment for the community through a proactive response to public safety matters. "A Sustainable Environment" - Reduce the community's risk and exposure to the adverse impacts of natural hazards through disaster management planning and response.


CONSULTATION

Internal • Chief Executive Officer • General Managers • Managers • Emergency Response Group volunteers

External • LDMG Members • Community Disaster Teams


The Local Disaster Management Group is required to establish and review communications systems in the region on a regular basis and to ensure the community is aware of ways of mitigating the adverse effects of an event, and preparing for, responding to and recovering from disasters. The Australian Early Warning Network is one communication method in the LDMG's toolbox. Other communications options for when telephones, mobiles and internet have failed are also in place.

POLICY IMPLICATIONS

The Local Disaster Management Plan will need to be updated to include information on the Early Warning Network.


Capital The cost to establish and set up the system ready for operations is $300.00. Operating The cost to maintain the system is $400.00 per month up to a maximum of 1500 users which should be more than sufficient to meet Tablelands Regional Council's needs. Sending SMS alerts is an additional expense (10 cents per message) but this is likely to be recoverable at the time of an event under NDRRA Counter Disaster Operations. Total annual cost = $4,800 Is the expenditure noted above included in the 2013/2014 budget?

No

If not you must recommend how the budget can be amended to accommodate the expenditure The 2013/14 annual disaster management budget can be adjusted to accommodate this expenditure for the remainder of the year. This expenditure will be noted in the 3 month review. A figure of $5000 will be required on an annual basis to maintain the licence for this system.



Strategies to encourage staff and residents to opt into the Early Warning Network will be developed. Further work is required on developing key warning groups.

ATTACHMENTS

Nil. Date Prepared: August 27 2013


CHIEF EXECUTIVE OFFICER

ADMINISTRATION

ITEM-11 NQLGA CONFERENCE - DELEGATES DOCUMENT INFORMATION

MEETING: Ordinary

MEETING DATE: 5 September 2013 REPORT AUTHOR/ OFFICER’S TITLE: Ian Church, Chief Executive Officer DEPARTMENT: Office of the Chief Executive Officer

EXECUTIVE SUMMARY

Council has received advice that the annual conference of the North Queensland Local Government Association (NQLGA) will be held in Cooktown from Wednesday, 2 October to Friday, 4 October 2013 and the Mayor and Councillors are invited to attend.


That Council determines which Councillors will attend the 2013 North Queensland Local Government Association (NQLGA) Conference to be held at Cooktown from 2 to 4 October 2013.

BACKGROUND

Each year the Conference is hosted by a different Local Authority and this year the Cook Shire Council is hosting the 2013 Conference with the venue being the Cooktown Events Centre. Details of registration, accommodation and program are attached for your information.


NIL


Outcome: A local government that delivers strong leadership by advocating the needs of the community and setting clear directions through transparent practices and open engagement. Strategy: Advocacy Role: Ensure the best interests of the region are advanced through representation and partnering with other government bodies and key stakeholders and advocate on behalf of the community to other levels of government on issues that could affect the community.



Capital NIL Operating Costs will be incurred for delegate registration plus accommodation and travel. Councillors conference expenses are included in the 2013/14 budget. Is the expenditure noted above included in the 2013/2014 budget?

Yes



NIL

ATTACHMENTS

1. Cook Shire Council - NGLGA Conference Program and Registration Form Date Prepared: 20 August 2013


ITEM-12 MEDIA POLICY DOCUMENT INFORMATION

MEETING: Ordinary

MEETING DATE: 5 September 2013 REPORT AUTHOR/ OFFICER’S TITLE: Norman Beck, Media and Communications Officers DEPARTMENT: Office of the Chief Executive Officer

EXECUTIVE SUMMARY

Following a Councillor workshop, in which a number of issues were addressed a revised Media Policy has been drawn up in consultation with Councillors.


"That Council adopts the Media Policy and Practice Notes attached to this report."

BACKGROUND

Following feedback from Councillors, amendments to the Tablelands Regional Council Media Policy were workshopped at the Rankin St Service Centre on 8 August 2013. Following this, an amended Policy and accompanying Practice Guide have been circulated to Councillors for further feedback and final versions attached to this report.


Nil


This report links directly to the following priority issues in the Corporate Plan 2009-2013: "A Well Managed Region" - Community Participation. Ensure the community is well informed and has the opportunity to be actively engaged in local and regional decision making processes and initiatives. And Knowledge Management. Provide quality corporate knowledge management throughout the organisation to assist in the delivery of services and Council business.

CONSULTATION

Internal CEO, Mayor and Councillors External Nil



Nil

POLICY IMPLICATIONS

Nil


Capital Nil Operating Nil Is the expenditure noted above included in the 2013/2014 budget?

Nil

If not you must recommend how the budget can be amended to accommodate the expenditure Nil


Policy and Practice Guide to be posted on relevant Tablelands Regional Council digital sites.

ATTACHMENTS

1. Draft Media Policy and Practice Guide Date Prepared: 28 August 2013


ITEM-13 GOVERNANCE AND EXECUTIVE REPORT FOR PERIOD ENDING 31 AUGUST 2013


MEETING: Ordinary

MEETING DATE: 5 September 2013 REPORT AUTHOR/ OFFICER’S TITLE: Ian Church, Chief Executive Officer DEPARTMENT: Office of the Chief Executive Officer

EXECUTIVE SUMMARY

This report provides Council with a summary of the activities of the Governance and Executive Services Department. The Department includes the service areas of CEO leadership and management, executive administration support, regional development and related projects, internal audit, media and communications and events management. Note that internal audit reports separately to Council through the Audit Committee.


"That Council resolve to receive and note the Governance and Executive Report for the period ended 31 August 2013."

BACKGROUND

CEO LEADERSHIP AND MANAGEMENT

Corporate and Operational Plan Linkage. The information provided herein reports against the following Corporate Plan strategies: • OP 81 - participate in regional forums as appropriate (FNQROC, Terrain NRM, NQLGA) • OP 82 - ensure that strategies developed at an operational level align with the overall strategic direction as set out in the

Corporate Plan • OP 85 - implement the requirements of the local government act 2009

• OP 113 - employ strategies for effecting long term cultural change within TRC to ensure the development and maintenance of positive staff morale, productive and efficient work practices and cohesive high performing teams


Governance Regional Forums 1. Far North Queensland Regional Organisation of Councils (FNQROC)

Attached for Council's information are the FNQROC Annual General and Board Agendas for the meetings held on Monday 12 August. The Annual General Meeting confirmed the election of Councillor Bill Shannon as Chair and Councillor Peter Scott as Deputy Chair for the following twelve months. As highlighted in the Board Meeting Agenda, there are a number of regional projects being facilitated and/or managed by FNQROC, therefore I will highlight some and should Councillors require information about other items, I would be pleased to provide it. NBN Atherton and Kuranda Both the Executive Officer of FNQROC and Council's Manager Customer and Community Services have liaised with the NBN Regional Manager regarding this issue. Where the number of dwellings is greater than 1000, the NBN rollout will be via fibre, therefore Atherton and Kuranda will have fibre. The main issue is timing and currently each town is on the schedule to receive NBN services after 2016. The Regional Manager for NBN has been invited to discuss an earlier rollout with Council and has agreed to meet with staff and Councillors post the 7 September federal election. Regional Reseal Program This is proceeding to schedule and an order for Pan Materials has been approved. Work is due to commence as soon as Pan can mobilise staff and equipment. Regional Street Lighting Program FNQROC staff are negotiating with Ergon Energy to replace out of date mercury vapour luminaires with energy efficient compact fluorescent globes. This would result in savings of approximately $18,000 p.a. for the TRC. FNQROC staff are also attempting to put in place a service level agreement with Ergon which will outline further savings in Alternative Control Service Charges. Regional Round Table Briefing Papers FNQROC staff prepared three briefing papers on behalf of member Councils for the Financial Sustainability Regional Round Table hosted by the Department of Local Government and held in Townsville on 15 August. The papers were: • Financial Sustainability - Assets and Depreciation • Financial Sustainability - NDRRA & QRA Implementation • Financial Sustainability - Joint Purchasing & Resource Sharing

2. Regional Round Table - Financial Sustainability

The Department of Local Government, Community Recovery and Resilience hosted the Financial Sustainability Round Table as noted above. The CEO of QTC and the Auditor General gave presentations incorporating the concept of sustainability, (maintaining financial and infrastructure capital over the long term), use of debt, asset management including knowing your infrastructure renewal gap and funding depreciation. The outcome of the Roundtable is that three imperatives relating to the financial sustainability of Local Government are to be recommended:


• to Cabinet for policy review • to DLGCRR for review • to Councils and the LGAQ for review

Department staff are distilling the information from the workshop to determine the imperatives. I note that the Roundtable was attended by the majority of Queensland Council Mayors and CEO's, and the Minister for Local Government. It is clear that the State Government will be insisting Councils make long term financial sustainability a key objective and asset management planning will be an important element of this. I do not need the State Government to emphasise the importance of long term financial sustainability as it has long been a key strategic objective of mine. I also note the paradoxical nature of statements regarding financial sustainability emanating from the State Government given recent decisions! Please find attached for your information the agenda for the Regional Roundtable.

De-Amalgamation Please refer to separate report prepared by the De-amalgamation Project Team Manager. As previously noted a report will be included in each Council meeting agenda until the end of the calendar year. Internal Audit Please refer to separate report included in this agenda.

MEDIA AND COMMUNICATIONS

Corporate and Operational Plan linkage: The information provided herein reports against the following Corporate Plan strategies: CP Strategy: 1.2.4 – Image and Identity (Regional Image and Identity) CP Strategy: 4.1.2 – Community Participation (Corporate Communications)

This period saw a period of heavy internal communications requirements regarding the De-amalgamation of the Tablelands Regional Council, in particular in addressing staff-related issues. MEDIA RELEASES Monthly releases issued were: April 2013: 16 April 2012: 6 May 2013: 24 May 2012: 15 June 2013: 23 March 2012: 18 Total: 63 39 Issues covered included the 2013-14 Budget, animal de-sexing, a Fire Management Plan, the beginning of De-amalgamation, the Rail Trail and The Avenue of Honour, along with other items of interest from meetings of Council. MEDIA REQUESTS


There were 16 formal requests for media information and a number of informal requests for interviews with the Mayor. Issues ranged from television reception at Chillagoe to the Federal Budget, and Kuranda and De-amalgamation. ADVERTISING Advertising activities through the second quarter of 2013 ranged from Notifications of Intention to Acquire Land to promoting various Library-related activities, the continuing Your Council Coming To You events, animal control activities and other community notices. DESIGN Created 10 design products for various informational activities such as Morton St intersection, Kuranda Pods and the Your Council Coming to You events. INTERNAL NEWSLETTERS TRC Talking Point continues as a source of regular updates and was distributed monthly to all staff. While the goal is to publish early in each month, at times this has been impacted by the need to provide De-amalgamation Special Editions. However, the regular Talking Point continues to be in the first half of each month. Outside the period covered by this report, a product called "The Note" has been developed for use with new MSC-related internal communications activities. DISASTER MANAGEMENT Attended all scheduled LDMG meetings as required. MEDIA DATA 1 January 2013 - 31 March 2012 Analysis: • 214 stories about Council in the media • 209 stories (or 97.5%) were positive or neutral in nature • 5 stories (or 2.5%) of all media coverage were negative in nature DE-AMALGAMATION Regularly participated in De-amalgamation Project Team meetings. Developed the Communications Plan for the De-amalgamation process. Designed, produced and issued 13 Special Edition Talking Points dealing specifically with De-amalgamation issues, to ensure staff have been updated frequently about developments. OTHER Provided Mayoral and Councillor support for community events and communications issues ie: ANZAC Day. Provided backfill support for Mayor's PA and CEO's PA during Rostered Days Off. Prepared a Media Strategy for the Bicycle Queensland Cycle Queensland tour to be held across the Atherton Tablelands shortly.


EVENTS

Corporate and Operational Plan linkage: The information provided herein reports against the following Corporate Plan strategies: CP Strategy: 1.2.1 – Community Celebration Events and Festivals OP29 – Continue to directly organise or support community events and festivals utilising the services of Council’s Events Officer and by financial and in-kind contributions CP Strategy: 4.2.4 – People Management Corporate Health and Wellbeing OP184 – Comply with legislative and award requirements in relation to all types of leave entitlements and maintain other existing employee benefits

1. Event and Date: Anzac Day - April

Status of Project: 100%

On Target: Yes � Comments: Anzac Day this year took place in each of the towns on

theTablelands, with the Events Officer working with groups and RSL's in each town. The Atherton and Mareeba services were well attended along with the smaller community ceremonies being well supported; Council worked closer this year with Malanda and helped to brand the ceremonies for Council and the area

2. Event and Date: Great Wheelbarrow Race May 2013


On Target: Yes � Comments: Events Officer worked with a committee to hold the 2013 Great

Wheelbarrow Race this year; the event was a huge success boasting 72 teams and over 700 competitors. The event raised $461,000 for various charities, compared to last years fundraising total of $153,000. Dimbulah was a great night with a carnival atmosphere in the street - with Tug-O-War and mini race competitions; Almaden was a huge night and the committee honoured several people who have been with the race since it's inception, and Chillagoe was full of people both competitors and spectators; Some follow up work still to be done by the EO; sponsorship being secured for next year's race; prep to be done for EO from the MSC to take over the logistics

3. Event and Date: Avenue of Honour Opening Ceremony June 2013


On Target: Yes � Comments: The Events Officer worked on the Opening Ceremony with the

Chuck Family, the YBA and several Councillors to ensure the success of the event. The PM was in attendance, along with the Opposition Leader and the Chief of Defence, General David Hurley. The event was a huge success boasting crowds of up to 5,000 in attendance - from all over the nation. The EO worked with Federal, State and local police, various politicians and assistants, the ADF (Australian Defence Force) and the community to make the event one of the most unforgettable events on the Tablelands; the project is now in the hands of the facilities department where it is currently being turned over to a community committee which will work on the future of the


Avenue. The Avenue of Honour is still attracting visitors from all over the country and boosting the economy of the local community daily

4. Event and Date: Christmas in July 2013


On Target: Yes � Comments: 2013 saw a record number of motor homes through the gates at

Davies Park (356) over the four day event. The event was a huge success raising money for local charities as well as providing economic benefits to the region. The Events Officer is working with the new CMCA president to secure next year's event will be run as successfully - we are organizing a debrief shortly

5. Event and Date: VP Day - August 2013


On Target: Yes � Comments: The Event was a great success with 18 new individual plaques

being dedicated on the day, as well as one unit plaque. Rocky Creek Park hosted about 350 people on the day and everything ran smoothly. The traffic plan was much better organized this year and the QPS were extremely happy with Council's handling of the plan this year.

6. Event and Date: Maize Festival August 2013


On Target: Yes � Comments: The event is run by an outside committee with help from

Council's Event Officer; on the night the EO organizes the stalls and sets up the parade logistics and runs three phase power for the set up on the street; the EO has been attending regular meetings of the committee this year

7. Event and Date: Seniors Week - August 2013


On Target: Yes � Comments: This year Seniors week was 17-25 August in Queensland; the

Events Officer worked with community groups to hold community events during the week; one event was held in Mareeba, where 150 attended; one event in Malanda and the Council partnered with OzCare and one event in Atherton where the Council partnered with the Atherton Uniting Church - that event hosted 185 seniors from the community; all three events were very successful this year and working with these community groups proved to be valuable to both the community and Council

8. Event and Date: Relay for Life - November 2013


On Target: Yes � Comments: Next Years event will be held in Atherton and preparations are

under way to ensure the event is run successful again. The committee has met several times and the EO is again doing the logistics for the Committee


9. Event and Date: Garden Awards August 2013


On Target: Yes � Comments: This year the Garden comp had 36 entrants - much the same

as last year; more than half of the gardens participated in the Open Garden scheme; this year Council introduced a Hall of Fame for entrants who have won several years in a row; Len Curtis judged the entrants this year and did a great job; the categories have been cut down from previous years and Council will gauge whether the nominees were happy with the new categories

10. Event and Date: Taste of the Tablelands - October 2013


On Target: Yes � Comments: The committee has met twice and the EO is helping the

committee with this year's event. The EO will work with the committee for this event to grow the event

11. Event and Date: Mayors Christmas Appeal


On Target: Yes � Comments: The EO along with Cr Shaaron Linwood, the Mayor and Cr

Peter Hodge met with the Emergency Response (ER) organizations to discuss the Appeal for 2013; it was agreed the organizations would issue $40 vouchers to their clients this year; The EO is re-doing the forms to suit and will design and implement the vouchers in house

12. Event and Date: Christmas events


On Target: Yes � Comments: The EO will work again with the Rotary to put on the Carols in

Mareeba on 1 December; Turning on the Lights will be 22 November this year to kick off the Christmas season on the Tablelands - the event needs to be early this year so it does not clash with a few other community events; The Light up for Christmas comp will run much the same as previousyears and be launched in early to mid November


Finance and Budget Management The Governance and Executive Services Operating Budget Variance Report as at 30 June 2013 is attached for Councillors' information.

ATTACHMENTS

1. FNQROC Agenda listing for meeting held on 12 August 2013 and Minutes of meeting held on 3 June 2013 - DW#2821532.

2. FNQROC Annual General Meeting held on 12 August 2013 and Minutes of AGM held 13 August 2012 - DW32821278.

3. Agenda for Regional Round Table held on 14-15 August 2013 - DW#2823739 4. Governance and Executive Services Budget Variance as at 30 June 2013. Date Prepared: 19 August 2013

Other

Avenue of Honour project artwork; letterhead, certificates

Citizenship Ceremonies and the Multicultural Festival

Industrial Park artwork - brochure

Artwork for Budget Report

Posters for various community events

Atherton Triathlon artwork

Native title artwork

Angel Flight Meet and Greet

Council photos

Organizing staff Christmas Party

Organizing visit from Olympic swimmer Lisa Curry

Annual Report artwork

Malanda Falls Visitor Centre Opening and invites (artwork)

Long Tan Day

Key Performance Indicators:

Variance Report �� Prospective Actions X

All events scheduled to date have been held successfully


DE-AMALGAMATION

ITEM-14 DE-AMALGAMATION PROJECT MANAGER REPORT UPDATE 8


MEETING: Ordinary

MEETING DATE: 5 September 2013 REPORT AUTHOR/ OFFICER’S TITLE: Brett de Chastel, De-Amalgamation Project Manager DEPARTMENT: Office of the Chief Executive Officer

EXECUTIVE SUMMARY

The de-amalgamation process continues to proceed smoothly with good co-operation at the staff level. However, we have found a few unexpected issues that are being addressed including the need to change Council’s main telephone number due to our current number being based in the Mareeba telephone exchange. Working Teams have now been established to focus on some of the operational details to help both Councils get ready for the formal changeover on 1 January. While that date will be the official date for de-amalgamation, we are aiming to undertake a “soft separation” in early December to get ready for the changeover. This soft separation will involve the transfer of staff, testing of systems etc.


"That Council note the update report from the De-Amalgamation Project Manager."

BACKGROUND

This report is designed to keep the Council informed in relation to the de-amalgamation process. This report will address seven issues:

1. Splitting the Cash, Debt and Reserve Components of the Balance Sheet This part of the de-amalgamation continues to progress well. The independent consultants (Crowe Horwarth) liaise on a regular basis with key Council staff (Jennifer McCarthy and Lachlan Peden). Fortnightly telephone conferences have also been arranged between the independent consultants, Council’s internal auditors, the Transfer Manager’s financial consultant and Council staff. Crowe Horwarth are still sourcing financial data from Council and at this stage, has raised no concerns in relation to the data quality or accessibility. We expect to receive the independent consultant’s report by mid to late September. We have advised the independent consultant that we propose to publish their report on Council's website for the information of the public. This is consistent with the transparency of our process.


2. De-Amalgamation Costs

The Transfer Committee met on 31 August 2013 as part of its usual process to review and approve de-amalgamation costs at the end of each month. The minutes of that meeting are published on Council's website. To meet the Council agenda deadline, this report was prepared prior to the Transfer Committee meeting on 31 August 2013. Accordingly, a verbal update will be provided at the Council meeting on the amount of de-amalgamation costs approved by the Transfer Committee at its August meeting. Councillors would also be aware that the CEO has sought advice from the Deputy Director of Local Government in relation to the issue of de-amalgamation costs in relation to the proposed purchase of additional Atherton offices and the potential for the State to contribute via grant funding. No response has yet been received.

3. Telephone Numbers An unexpected issue has arisen in relation to the transition of telephone numbers. There is no difficulty with the current 1300 number with TRC being able to retain that number and use it from the Atherton exchange. Mareeba will obtain a new 1300 number. However, the range of numbers based on 07 4043 xxxx is not able to be used by TRC as that number is based at the Mareeba Telstra exchange and cannot be operated for the Atherton office without incurring significant ongoing diversion costs. It is also not appropriate for the existing main TRC number (07 4043 xxxx) to be used by the future Mareeba Shire. The current number is advertised and recognised as a TRC number. It is likely that the existing TRC number will be on diversion for a few months but that both TRC and the new MSC will have a new range of phone numbers. New number ranges have been reserved for 500 numbers for each of the future Councils. The new number ranges which have been reserved are:- TRC – 07 4089 2200 to 07 4089 2699 inclusive MSC – 07 4092 0400 to 07 4092 0899 inclusive. This issue is unfortunate and was unforeseen. It means that additional costs will be incurred as part of the de-amalgamation process. It may also cause confusion for some customers but this should be minimised with a robust customer information publicity campaign as we approach the changeover. TRC will also incur costs in changing business cards and some signage to reflect the change of number. The amount of that additional cost is not yet known but will be a de-amalgamation cost.

4. Working Teams We have commenced the operation of staff working teams to focus on many of the details to be finalised prior to changeover. Working teams have been established for:- � Planning � Regulatory Services � Customer Service � Governance � Disaster Management � Community Services � Operations (Water, Sewerage, Waste etc)


� Technical Services (Survey design, asset management etc) � ICT � Finance � HR � Corporate Facilities and Plant

These working teams have a lead representative from each Council. Essentially, the working groups are designed to make sure that all details are addressed to enable two Councils to operate from 1 January are completed. This process is not a negotiation between the two new Councils. It is about helping each other to make sure that both Councils can operate successfully from 1 January. In practice, we would like the working teams to finalise any de-amalgamation issues in their areas by the end of November. This gives three months to get through the work and recognises that many staff will be on leave during December. In some teams, TRC will be providing more support to MSC and in other teams, MSC will be providing more support to TRC. The Transfer Committee recognises this and is committed to making sure that the working groups work co-operatively to help each other get ready for 1 January. Each working group will have a “team champion” to provide support and advice as required. The team champions are Ian Church, Rod Ferguson, Brett de Chastel or Alan Lambert. In some cases, the working teams can decide to set up some subgroups to break up the workload and involve other staff. These working teams are an important part of the de-amalgamation process. If successful, they will greatly assist in the smooth transition to the new arrangements.

5. “Soft separation” As we rapidly approach 1 January, it is timely to note that we are proposing a “soft separation” in the lead up to the official establishment of MSC. To use an analogy, a business opening a new store or hotel will often have a “soft opening” to make sure that all of their customer systems are in place before they have a formal opening. We are proposing a similar approach with the de-amalgamation. What does this mean in practice? From a legal perspective, the new MSC does not commence until 1 January 2014. However, in practical terms, we propose to have relevant staff, IT systems etc in place and operational from the beginning of December. This may mean physically moving staff at the beginning of December to their new location and ensuring that all relevant software has been tested. While no decision has been made on this aspect, a “soft separation” may even involve running parallel payroll systems through December to ensure any minor issues are ironed out before formal separation on 1 January 2014. From a customer perspective, we will still present as one TRC until 31 December 2013. There will be no change to signage etc. From the customer perspective, it will still be TRC providing services, dealing with customer inquiries etc. A soft separation is simply making sure that the back-office systems and processes are in place to enable the smooth transition to two Councils from 1 January 2014. The proposal to have a soft separation in at the beginning of December also recognises that from a practical perspective, many staff are on leave at the end of December for school and Christmas


holidays. Focusing on a soft separation at the beginning of December has also meant that we are targeting to finish most de-amalgamation issues by that time. As a worst case scenario, we will have time in December to finalise any outstanding issues. All targets for working teams have been set based on an early December completion.

6. Draft legislation The bill to amend the Local Government Act has now been introduced into parliament. As previously advised to Council, it was understood that the State would introduce a Bill to amend the current Local Government Act to facilitate the de-amalgamation process. Links to both the Bill and Explanatory notes are set out below. https://www.legislation.qld.gov.au/Bills/54PDF/2013/LocalGovOLAB13.pdf https://www.legislation.qld.gov.au/Bills/54PDF/2013/LocalGovOLAB13E.pdf The key elements of the amendments that impact on our de-amalgamation process are:-

• While there is no obligation to undertake a “statutory meeting” following the Mareeba election, the new MSC will need to appoint a Deputy Mayor at its first meeting after 1 January.

• The new MSC must adopt its budget before 1 February for the remaining 6 months of the financial year. This includes setting its rates and charges. Effectively, the amendments to the Local Government Act override the normal provisions that require a Council to set its budget for a full financial year.

• The normal processes for the presentation of a budget (by the Mayor) are applied but the current requirement for the Mayor to provide Councillors with a copy of the budget two weeks prior to adoption has been removed (presumably due to timing issues).

• The matters outlined above only apply to the 4 de-amalgamating Councils and only apply for the 2014 transition period.

• The Bill also includes a specific exemption for the de-amalgamating Councils that any transfer of assets etc are free from State taxes. This means that no stamp duty, vehicle registration fees etc are payable on the transfer of assets. This is an important issue which was raised by the De-amalgamation Project manager with Department staff in April this year.

• The Bill includes a number of prescribed processes for dealing with town planning applications that are undecided at the time of the changeover. In short, any application that is not yet decided and is in the transferring area will be handed over to the new MSC to decide. In any unusual situations where an application straddles the new boundary, the existing Council can decide whether to continue and assess the application or to transfer it to the new Council. This latter situation does not apply in our region but it is understood that it does apply in one of the other de-amalgamating areas.

The Bill also addresses a significant number of other amendments to the Local Government Act that are not related to the de-amalgamation issue. This includes changes to local government corporate entity provisions, changes to penalties for failing to comply with register of interest provisions etc.


However, there is one amendment proposed by the Bill which warrants comment. The Bill proposes to amend the Local Government Act so that only the Minister can refer boundary changes to the Change Commission. The explanatory notes to justify this change are set out below:-

“The Bill amends the LGA section 18 to provide that only the Minister may apply to the change commission to assess whether a local government change should be made. Currently, only the Minister may apply to the change commission to assess whether to alter a local government change that was made under the 2007 reform process. For any other proposed local government change, the Minister, a local government, or the Electoral Commission of Queensland may apply to the change commission to assess whether the change should be made. The Bill may give the perception of removing an avenue for an individual to initiate an assessment of a local government change and indirectly repeal an existing statutory right. The Bill is considered justified as it does not prevent an individual or local government from applying for a local government change, but requires only that applications be submitted to the Minister who will then apply to the change commission for assessment of the proposed local government change, if considered appropriate. The Bill is consistent with Government policy for Queensland councils to remain as constituted and for no further de-amalgamations. The Bill aims to minimise the potential for any contradiction of the Government’s policy to ensure certainty for local communities and to ensure that only local government changes that are in the public interest are referred to the change commission for independent assessment.”

Effectively, this amendment ensures (from the government’s perspective) that no further changes to local government boundaries etc can be undertaken without Ministerial reference.

7. TRC Social Club There are an enormous amount of issues to be addressed through the de-amalgamation process. Some are significant in terms of their dollar value while others are significant in terms of their “symbolism”. Transitioning the TRC social club to the new arrangements is something that does not have major financial implications but is significant in terms of the staff acceptance of the change process. The TRC social club committee requested to meet with the De-Amalgamation Project Manager to discuss their options in relation to the transition process for the TRC social club. The TRC social club committee recognised that some of their current members will remain with TRC while some will transfer to MSC. The TRC social club has built up cash reserves based on membership contributions by current staff and it is only fair that those staff who have contributed would get the benefit of those contributions. Staff members who are members of the TRC social club and who transfer to MSC on 1 January may lose their benefits if no positive action is taken. Accordingly, the TRC social club committee has taken a very practical and sensible decision to:- � conduct a series of functions for its members before the changeover day so that all existing

TRC social club members get the benefit of their contribution. This will expend current social club reserves prior to changeover day;

� suspend current payroll deductions to the social club up until the changeover day so that more funds are not built up (the TRC social club has more than enough funds to undertake its current activities); and


� ensure that both new Councils have active and successful staff social clubs. Staff who are members of the current TRC social club committee have undertaken to ensure that they will organise new social club committees early in the New Year.

It is pleasing that the TRC social club has effectively adopted one of the key principles of the de-amalgamation i.e. creating two successful Councils. Both new Councils should have successful social clubs in the future with staff being aware that the transition process for the social clubs was fair and consistent with the de-amalgamation process. Also, the usual TRC processes for the staff Christmas party will apply for 2013. DE-AMALGMATION ISSUES This report specifically addresses the de-amalgamation project. All relevant issues associated with the de-amalgamation are contained in the Background section above. LINK TO CORPORATE PLAN

A Well Managed Region

• Outcome - Accountable Leadership - A local government that delivers strong leadership by advocating the needs of the community and setting clear directions through transparent practices and open engagement.

Strategy - Transparent Practices - Ensure the administration of the region is governed through open and transparent decision making practices and coordinated management and reporting processes.

• Outcome - Quality Management - Quality service to all customers by ensuring that the region's assets and the organisation's workforce and knowledge are appropriately managed.

Strategy - Knowledge Management - Provide quality corporate knowledge management throughout the organisation to assist in the delivery of services and Council business.

CONSULTATION

Internal Nil External Nil


Nil

POLICY IMPLICATIONS

Nil


Capital Nil Operating Nil


Is the expenditure noted above included in the 2013/2014 budget?

Nil

If not you must recommend how the budget can be amended to accommodate the expenditure Nil


Nil

ATTACHMENTS

1. Nil Date Prepared: 28 August 2013

agenda - part 1 - mareeba 5 september 2013

Documents

regional planning development

lots lots

mareeba council chambers

senior council officers

proposed lots

future use of lot

term lease lot

mareeba date