final minutes - mackay council · this report provides an overview of the relevant issues relating...

FINAL MINUTES

1 May 2013

FINAL MINUTES WEDNESDAY 1 MAY 2013

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Table of Contents

Folio Date Particulars 27229 01.05.2013 Ordinary Meeting Minutes 27257 31.03.2013 Engineering Services Monthly Review for March 2013 27307 19.04.2013 Minutes - Traffic Advisory Committee Meeting 27311 08.04.2013 Minutes - Walking & Cycling Advisory Committee Meeting 27317 26.03.2013 Minutes - Natural Environment Advisory Committee Meeting 27323 15.04.2013 Minutes - Mackay Matsuura Sister City Advisory Committee

Meeting

Declaration of Potential Conflict of Interest

Nil.


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ORDINARY MEETING MINUTES

1. ATTENDANCE:

Her Worship the Mayor, Cr D T Comerford (Chairperson), Crs K J Casey, C J Bonanno, L G Bonaventura, F A Gilbert, A N Jones, G J Martin, T A Morgan, D J Perkins, P F Steindl, and R D Walker were in attendance at the commencement of the meeting. Also present was Mr B Omundson (Chief Executive Officer) and Mrs M Iliffe (Minute Secretary). The meeting commenced at 10.00 am.

2. OPENING PRAYER:

Pastor Jock Whittaker (Mackay Churches Together) led those present in prayer.

3. ABSENT ON COUNCIL BUSINESS:

Nil

4. APOLOGIES:

Nil

5. CONDOLENCES:

6. CONFIRMATION OF MINUTES:

6.1 ORDINARY MEETING MINUTES 24 APRIL 2013

THAT the Minutes of the Ordinary Meeting held on 24 April 2013 be confirmed.

Moved Cr Perkins Seconded Cr Morgan

CARRIED


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7. BUSINESS ARISING OUT OF MINUTES OF PREVIOUS MEETING:

Nil

8. MAYORAL MINUTES:

Nil

9. CORRESPONDENCE AND OFFICERS’ REPORTS:

9.1 ENGINEERING SERVICES MONTHLY REVIEW FOR MARCH 2013

File No Engineering Services Monthly Review Author Director Engineering Services

Purpose

To present to Council the Engineering Services Monthly Review for March 2013 for information purposes.

Officer's Recommendation

THAT the Engineering Services Monthly Review be received. Council Resolution

THAT the Officer's Recommendation be adopted. Moved Cr Casey Seconded Cr Martin

CARRIED

9.2 IMPACTS OF CHANGES TO WATER FLUORIDATION ACT 2008

Author Director Water & Waste Services

Purpose

The Water Fluoridation Act is a Queensland State wide legislative requirement introduced by the State Government in 2008 and is administered by Queensland Health. On 28 November 2012, the incumbent State Government amended the Act with the primary alteration being the removal of the mandatory requirement to fluoridate all relevant public potable water supplies.


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As a result of this change in Legislation, Local Governments now have the responsibility to determine if continuation of fluoridation is in the best interest of their communities. This report provides an overview of the relevant issues relating to fluoridation of water supplies in the Mackay Region in order for Council to make an informed decision.

Background/Discussion

Water Fluoridation Legislation In March 2008, the Queensland Government passed the Water Fluoridation Act 2008. The Queensland Water Fluoridation Act 2008 requires that:

“A public potable water supplier for a relevant public potable water supply must add fluoride to the water supply within the period prescribed under the regulation”.

As provided under the 2008 Legislation, the State Government will pay for the capital costs of fluoride dosing facilities. Local Government is responsible for the ongoing operational, maintenance and replacement costs of the facility. Under the Act, Mackay Regional Council was required to fluoridate the following Water Supply Schemes:

Mackay Urban Water Supply Area via the Nebo Road Water Treatment Plant (WTP) by 31 December 2009;

Sarina Water Supply via the Marwood Bores and Mt Blarney Water Treatment Plant by 31 December 2010;

Mirani and Marian Water Supplies via Mirani and Marian bores by 31 December 2010; and

Midge Point Water Supply via the Kelsey Creek Pump Station by 31 December 2011. At the time, Council requested changes to the above Legislative requirements based on the following:

1. That the requirement for the Midge Point Water Supply Scheme to be fluoridated be removed as it did not meet the Act's criteria of servicing over 1,000 equivalent persons.

2. That the provision of fluoride for the Marian and Mirani Schemes be deferred by a

further 24 months to December 2012 to allow works to coincide with the new Marian Water Treatment Plant (WTP).

These changes were agreed to by the State Government. Council met the requirements of the Water Fluoridation Act and commenced fluoride dosing at the Nebo Road WTP before 31 December 2009 and the Sarina sites before 31 December 2010. As the new Marian WTP completion date was pushed back beyond the revised date for the Mirani/Marian Scheme, it was decided that the provision of a fluoride facility would be allowed for at the Marian Bore site with the intent that this could later be relocated to the new


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Marian WTP when completed. On this basis work was proceeding to meet the December 2012 deadline and a submission for funding approval was submitted to the State Government for approval. This application was put on hold by the State Government pending the review of the Legislation. On 28 November 2012, the State Government amended the Water Fluoridation Act with the primary alteration being the removal of the mandatory requirement to fluoridate all relevant public potable water supplies. They also extended the period for funding the capital cost of fluoride dosing facilities through to 30 June 2014. As a result the fluoridation option at the Marian WTP has been extended to match this date. Status of Mackay Regional Council Facilities Council recently approved a shortlist of four tenderers from the Expression of Interest process for the new Marian WTP. The previous proposed cost for the provision of a fluoride dosing facility at the Marian bore field site was estimated as $736,620 and then a further $68,500 to relocate it to the new Marian WTP site when constructed. This was the pricing 12 months ago and will need to be updated to reflect increases in the market. The current proposed program for completion of the new plant is October 2014. This date is after the State Government funding approval date of 30 June 2014 and did potentially place at risk Council receiving the full funding should it decide to proceed with the provision of fluoride dosing. To better clarify this risk discussions have been held with representatives from the Department of State Government and Infrastructure Planning, Queensland Health and the Deputy Premier's Office. A letter was also issued to the Deputy Premier to seek clarification on this matter. The discussion with the State Government has been positive and a process agreed to ensure that Council can receive the full subsidy for the fluoride system for the Marian WTP site even if the final commissioning date is post 30 June 2014 deadline. The rectification works to the Nebo Road Water Treatment Plant have been undertaken during March and April. The facility is available to recommence fluoride dosing and should Council endorse the recommendation to continue to add fluoride to its water supplies then recommissioning of the Nebo Road WTP Fluoride facility could commence from Thursday, 2 May. Operations of Fluoride Facilities The introduction of Fluoride has impacted on the operational areas where the facilities exist. The Legislation around the introduction of Fluoride into the water supply requires daily testing, weekly reticulation sampling and quarterly raw water sampling for naturally occurring fluoride, additional maintenance and regular calibration of the monitoring instruments along with an increase in asset base with no whole of life costs provided under the Capital investment by the State Government. The background levels for fluoride for the Mackay raw water supply is approximately 0.1 mg/l. The cost of operating the fluoride facilities including chemical cost, labour, maintenance, statutory compliance testing and waste disposal is:

Sarina Mt Blarney - $25,000 per annum Sarina Northern Beaches - $25,000 per annum Nebo Road Water Treatment Plant - $70,000 per annum


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Marian Water Treatment Plant estimated at $35,000 Further an annual capital replacement cost of $100,000 per annum is associated with the four facilities. This equates to approximately $2.80 per person connected to reticulated water per year.

Consultation and Communication

There has been ongoing discussion with following internal stakeholders in relation to the changes to the Water Fluoridation Act 2008:

Senior Water Services staff Strategy Leadership & Performance Team Councillors

The following external stakeholders have also been consulted:

Queensland Health Queensland Water Directorate Jason Woodforth MP

A briefing was provided to Councillors on 30 January 2013 which included presentations from Senior Queensland Health Officers. The current Queensland Health Policy Titled "The Use of Fluorides in Queensland" outlines Queensland Health's Policy position with regards to fluoride and states that:

Water fluoridation is an effective, efficient, socially equitable and safe population health measure for the prevention of tooth decay in Australia; (National Health and Medical Research Council. The Efficacy and Safety of Fluoridation 2007)

The consumption of fluoridated water should be promoted to all Queenslanders and supported by all levels of government;

Water filters that remove fluorides should not be recommended for persons at risk of tooth decay

Councillors also received a briefing from Nudgee MP Jason Woodforth who played a role in having the fluoride Legislation changed to allow Council's the choice on whether fluoride is added to their water supply. Mr Woodforth personally does not support water fluoridation. Queensland Health and other areas of the scientific community make the following comments with regards to fluoridation:

More than 150 major health organisations including the World Health Organisation, the Australian Medical Association (AMA), and the Australian Dental Association (ADA) support water fluoridation (Queensland Health Facts on Water Fluoridation in Queensland, June 2011);

The addition of fluoride to water is similar to the addition of vitamins to foods. In Australia, for example, vitamin B1 is added to flour, vitamins A and D to margarine, as well as folic acid and other nutrients to most breakfast cereals. Water fluoridation simply supplements the level of fluoride found naturally in the water supply and should


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be considered no differently (Australian Dental Association, www.ada.org.au/OralHealth/FLN/flfaqs.aspx);

Queensland Health no longer recommends the routine use of fluoride supplements, as they do not provide the same health benefit as fluoridated water, and may increase the risk of dental fluorosis (Queensland Health Facts on Water Fluoridation in Queensland, June 2011).

Evidence of improvements in oral health within five years of implementation (Queensland Health Facts on Water Fluoridation in Queensland, June 2011);

Recent reviews of water fluoridation found an average of 2.25 times less decayed teeth per child (Queensland Health Facts on Water Fluoridation in Queensland, June 2011).

For each $1 invested in water fluoridation, the estimated saving for an individual is between $12.60 - $80.00, with greatest benefit to the most disadvantaged (Queensland Health Facts on Water Fluoridation in Queensland, June 2011);

No credible evidence exists to link optimal community water fluoridation to any adverse health effect (Australian Dental Association (Queensland Branch) Position Statement Water Fluoridation in Queensland, April 2007)

ADAQ believes the evidence supporting the safety and efficacy of fluoridating water supplies in order to reduce the incidence of dental caries to be overwhelming. (Australian Dental Association (Queensland Branch) Position Statement Water Fluoridation in Queensland, April 2007)

There are a range of people and bodies against the introduction of fluoride to the water supply. These positions are summarised by the Queenslanders for Safe Water, Air and Food Inc. The top 10 arguments against water fluoridation are detailed below and sourced from www.fluoridealert.org/top-10-reasons-against-fluoride.aspx:

Fluoridation is a violation of the individual's rights to informed consent to medication; Fluoride is not an essential nutrient; Children in fluoridated countries are greatly over-exposed to fluoride; The chemicals used to fluoridate water supplies are largely hazardous by-products of

the fertilizer industry; There is mounting evidence that swallowing fluoride causes harm; Swallowing fluoride provides little or no benefit to the teeth; Human breast milk is very low in fluoride; Once fluoride is added to water, there is no way to control who gets the drug or how

much is ingested; Certain subgroups are particularly affected by fluoride; Fluoridation discriminates against those with low incomes.

Resource Implications

As indicated the State Government have meet the capital costs of the installations of fluoride for the Mackay and Sarina Schemes. There is a commitment to fund the Marian Scheme should Council decide to proceed and meet 30 June 2014 deadline. There is an ongoing cost to the Mackay community to operate and maintain the fluoride systems. If Marian was to proceed then the ongoing annual operational cost for our region is estimated to be $255,000. This includes the provision for replacement of capital.


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Risk Management Implications

Fluoride Risk Management issues can be categorised into two (2) key areas:- 1 - Managing Dosing Risks 2 - Managing Workplace Health and Safety Risks 1 - Managing Dosing Risks A number of measures are put in place in fluoride dosing facilities to mitigate the risk of overdosing fluoride. These include:

Fluoride facilities are designed and operated in accordance with the Fluoride Code of Practice;

All key components of the fluoride dosing system must be interlocked to ensure system shutdown on the failure of any equipment

All key components of the fluoride dosing system are alarmed to alert operators of a failure even if the plant is unattended

The fluoride dosing facility is designed to allow immediate measure of the fluoride dose rate, water flow and chemical usage

Fluoride dosing facilities are operated by trained operators in accordance with site specific procedures.

Council has not recorded any incidents of overdosing sine the commissioning of its facilities in 2010. 2 - Managing Workplace Health and Safety Risks for Workers at the Treatment Plants The Risk Assessments are site-specific and encompass the design of the entire plant including facilities, hardware, systems, equipment, products, tooling, materials, energy controls, layout and configuration. There have been issues at the Nebo Road WTP site facility that have resulted in the operation of the fluoride system being shut down so rectification work can occur to mitigate this risk from occurring in the future. All these matters have now been satisfactorily addressed.

Conclusion

It is recommended that Council review the pro's and con's to water fluoridation in Mackay Regional Council taking into account:

State Government Legislation; Queensland Health Policy; Information quoted by proponents for water fluoridation; Information quoted by proponents against water fluoridation; Status of fluoride in Mackay.

It is recommended that Council continue to add fluoride to the water in Mackay on the basis that it conforms to State Government Policy and that, therefore, this decision is considered what is in the best interests of the community.


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THAT based on the fact that the State Government Policy supports that fluoride is added into the water supply, that Mackay Regional Council continue to provide fluoride in its required Water Supply Schemes. AND THAT provision is made for fluoride to be added to the new Marian Water Treatment Plant once constructed.

Council Resolution

THAT the Officer's Recommendation be adopted. Moved Cr Gilbert Seconded Cr Morgan

CARRIED

Crs Jones, Steindl and Bonanno recorded their vote against the Motion.

9.3 MATERIAL CHANGE OF USE - KENNELS - ANDREW AND ALISON MCGREGOR - 2989 MACKAY-EUNGELLA ROAD, BENHOLME

Application Number: DA-2013-1

Date Received: 2 January 2013

Action Officer: Brogan Jones

Applicant’s Details: Andrew and Alison McGregor c/- Lindsay McGregor PO Box 98 BANGALOW NSW 2479

Proposal: Kennels

Site Address: 2989 Mackay-Eungella Rd, Benholme

Property Description: Lot 1 on RP729005

Owner’s Details: Andrew McGregor

Area: 4.044 ha

Planning Scheme: Mirani Shire Plan (including amendments up to 19 December 2011)

Planning Scheme Designations: Locality:

Rural


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Zone: Rural (Mirani)

Assessment Level: Impact

Submissions: Four (4) properly made

Referral Agencies: Department of Transport & Main Roads (concurrence agency)

Attachments: Attachment A: Attachment B: Attachment C: Attachment D:

Locality Plan Proposal Plan Nearby dwellings Referral agency response

Recommendation: Approved Subject to Conditions

ASSESSMENT OF APPLICATION Purpose This Material Change of Use application is to establish kennels at 2989 Mackay-Eungella Road, Benholme (refer to Attachment A). The application is impact assessable and has received four (4) properly made submissions objecting to the proposal. The submissions have not raised any grounds that cannot be appropriately conditioned. The application is recommended for approval. Background A rezoning approval was issued in 1997 by the Mirani Shire Council, which allowed the establishment of the Illawong Animal Sanctuary. The property has historically operated as the Illawong Animal Sanctuary. The site has been unused for a number of years; however it formerly operated as the Illawong Animal Sanctuary from 1997. The site is currently fenced around the perimeter, contains separate internal fencing, still has buildings sitting vacant that were used as a kiosk, sheds, residence, garage, aviaries and enclosures. Subject Site and Surrounds The subject site is located at Benholme and is approximately 4.5km west from Mirani. The site is slightly irregular in shape, zoned Rural (in the Mirani Shire Planning Scheme), and has an area of 4.044ha. The site is bordered to the east and south by larger rural lots (one under sugar cane); and to the north by a vacant road reserve. The site has approximately 60.0m frontage to Mackay-Eungella Road to the northwest. The site has no easement burden and is not connected to Council’s reticulated water or sewer services. There is a potable bore onsite as well as 3 septic systems. The southeast portion of the site is heavily vegetated and generally flat.


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Proposal The applicant proposes to commence a kennels use from the site. It is proposed to house cats and dogs within the existing buildings and existing animal enclosures with minor modifications. Some of the existing enclosures will be altered slightly to create pens suitable for cats and dogs. All existing enclosures are to be re-used and no additional buildings or structures will be constructed. It is envisaged that 100 dogs and 100 cats will be able to be accommodated at peak operation. It must be noted that this will be the ultimate capacity of the site, however for the foreseeable future (until such time as the business becomes known); the applicant expects to accommodate a much lower number of animals. Attachment B shows the proposal plan. PLANNING SCHEME ASSESSMENT Desired Environmental Outcomes 2.2.1 Ecological Processes and Natural Systems The proposal will not adversely affect any areas of known or potential nature conservation values. The subject site is known to contain remnant vegetation identified as 'of concern' by the State however the proposal does not include any alteration/clearing of remnant vegetation. 2.2.2 Economic Development The site is identified as partly Potential Strategic Cropping Land (by the State) and GQAL (by local government). Given the relatively small area of the site, it can be argued that use of the land in an agricultural capacity is unviable (more so when you consider that the existing remnant vegetation would have to be cleared to do this). The land has historically been used as an animal sanctuary and the structures/buildings/enclosures are already in place. The use of the land as a kennel cattery will not jeopardize the future use of this land for agricultural purposes. 2.2.3 Cultural, Economic, Physical and Social Well-being of People and Communities The proposal will not interfere with cultural history nor will it adversely affect the physical and social well-being of the people within the Mirani region in a way that is above and beyond the historical use of the site. The proposal includes an additional rural business in the area (in a location of a now defunct business), which is considered to increase economic activity. Rural Locality Code S1.1 - Primary Production

Land identified as good quality agricultural land is used for agriculture, or protected for such a use.

The historical use of the site as an animal sanctuary means that all the existing structures, buildings, and infrastructure is in place to support the proposed use. The proposed use will not jeopardise the future use of the land.


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S7.1 - Character and Amenity

Uses and works do not generate adverse amenity impacts of significance, including:

visual impact; noise emissions; hazards; reduction of air or water quality; illumination or other electro-magnetic emissions.

In terms of visual impacts, the applicant has provided images as part of the development application that shows the site to be neat and tidy after having been run down for quite a few years. The entrance from Mackay-Eungella Road is well presented and there are no adverse impacts on visual amenity. It is acknowledged that the greatest of the issues identified above will be noise emissions coming from the site. Attachment C identifies the dwellings that are nearest to the proposal. The nearest dwelling to the closest boundary of the subject site is located approximately 60m to the northeast (Attachment B). It is noted that the distance from this dwelling to the nearest kennel is approximately 160m. It is expected that this dwelling will be the most affected by the noise emissions from the proposed use. The proposal will not increase the likelihood of any land hazards occurring (e.g. bushfire or flooding); there will be no reduction of air or water quality beyond the site; and there will be no electro-magnetic emissions. It is a logical and practical outcome that the proposed use is appropriate on the subject site given the historic operation of the site as the former Illawong Animal Sanctuary. Further, it is desirable to establish a similar type of use on a historically suitable site rather than establishing a new use on another site. Further, the application has been assessed against all the codes of the Mirani Shire Plan as it is an impact assessable application. The codes specific to the use are as follows:

Vehicle Parking and Movement Code Infrastructure Code

The proposal complies with the applicable acceptable solutions of the above codes. ADOPTED INFRASTRUCTURE CHARGES Council's Adopted Infrastructure Charges Resolution categorises the kennels use as a specialised use, meaning that the applicable charge is to be determined based on the use and demand at the time of assessment. The site fronts a State-controlled road that is out of Council's jurisdiction, is not connected to reticulated water or sewer infrastructure, and has an existing lawful use as an animal sanctuary. Therefore it is considered that the proposed use attracts zero charge.


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INFRASTRUCTURE CONSIDERATIONS Water & Sewer There are no water or sewer implications for the proposal as the site is not connected to any reticulated services. Water and sewer is managed onsite through a bore and septic systems. Stormwater There are no stormwater issues relating to the proposal as all the buildings and structures are existing. Roadworks The road reserve containing Mackay-Eungella Road is under the jurisdiction of the Department of Transport and Main Roads. As part of their Referral Agency Response (Attachment D), an upgrading to the vehicle crossover may need to be undertaken. REFERRAL AGENCIES The Department of Transport and Main Roads was identified as a referral agency. The Department's referral agency response can be viewed in Attachment D. SUBMISSIONS The application was publicly notified in accordance with the requirements of the Sustainable Planning Act 2009 (notice on the land, notice in a local newspaper, and letters to both adjoining landowners), and as a result of this process, four (4) individually prepared written submissions were received. The submissions received expressed opposition to the proposal. The principle concerns raised from the submissions are summarised and discussed below.

1. Noise and odour All four submitters raised concerns regarding the potential for noise and odour from the proposed kennels. Applicant’s Response: The applicant states that no evidence has been provided by any of the submitters to prove that kennels cause pungent smelling odours. The applicant's state that it is in their best interest to keep the operation clean and tidy and that it would be counter-intuitive to business if there was increased odours. The applicant notes that the setback to the nearest dwelling is appropriate to nullify the odour issue. The applicant's have stated that the operation will be run consistently with Council's local laws. The applicant also draws attention to the fact that there will be two acoustically treated units for any dogs that are persistent with their barking. The applicant has also provided some day-to-day operational information regarding waste.


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Solids will be collected 2 to 3 times per day and placed in closed bins until disposed at an appropriate waste facility offsite. Concrete areas around animals will be hosed down daily. Officer's Comments: It is acknowledged that noise and odour will be issues that result from the proposal, however it is expected that odour will be the lesser of the issues. Odour is not expected to be over and above levels at the time when the Illawong Animal Sanctuary was operating. Attachment C shows the location of nearby dwellings, with one dwelling being approximately 60m from the northern boundary of the subject site. It is noted that the distance from this dwelling to the nearest individual kennel is approximately 160m. There is a significant amount of dense vegetation on and around the subject site which will serve as a partial buffer to the potential noise issue. For comparison, the Animal Husbandry Code (as per the Mackay Planning Scheme) specifies a 100m separation of 100m from an individual kennel (with greater than 4 dogs) to dwelling house. It is noted that the existing dwelling onsite is the only dwelling within 100m of an individual kennel. 2. Traffic Submitters raised concerns regarding the increase in traffic generated by the proposed kennels. Applicant’s Response: The applicant has stated that Mackay-Eungella road is not a quiet or narrow rural road and that it carries quite a bit of traffic, including heavy vehicles. The applicant notes that the business is expected to generate an extra 'one or two' vehicles per day, which is well within the capabilities of the State-controlled road. Officer's Comments: The generation of additional traffic is inevitable, but it will not be an increase of any significant magnitude. The existing vehicle crossover and carparking area are well equipped to accommodate the generated traffic. Also, concerns were raised over the narrowness of the road. It is noted that Mackay-Eungella Road is a State-controlled road that already carries significant traffic loads. The application was referred to the Department of Transport and Main Roads where no traffic issues were highlighted. 3. Property values Submitters were concerned with the de-valuing of their property as a result of the proposal. Applicant’s Response: The applicant has stated that the site is a rural property (zoned rural) and is surrounded by rural properties within the rural zone. The applicant correctly states that the use of the land supports rural uses such as aquaculture, animal husbandry (cattle, pig, chicken etc), stables,


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forestry, and agriculture. The applicant notes that there is no devaluation of property as any landholder within the region has the right to develop their property in accordance with the rural zone. Officer's Comments: The de-valuing of properties is not a planning concern and is therefore not a relevant ground for objection to the proposal. 4. Applicant's inability to handle animals One submitter raised concerns regarding the ability of the applicant's to adequately manage the animals. Applicant’s Response: The applicant states that perimeter fencing has been completed around the entire external boundary and around each individual enclosure. For added security, the applicant offers to provide additional internal fencing. Officer's Comments: Any allegation as to the applicant's inability to handle animals is not a planning or local government matter. Appropriate conditions are included to ensure adequate fencing and security. 5. Public notification It is claimed that public notification was not carried out correctly. Applicant’s Response: The applicant has confirmed that public notification was carried out as prescribed by the Sustainable Planning Act 2009. Officer's Comments: Public notification was carried out in accordance with the Sustainable Planning Act 2009. A notice was sent to the 2 adjoining landowners, a notice was placed in the Daily Mercury, and a sign was placed on the land for at least 15 business days. It is noted that a vacant and heavily vegetated road reserve exists immediately to the north of the subject site. No sign was placed along this frontage as it is not practically accessible, thus a sign placed on the primary frontage of the site (along Mackay-Eungella Road) was considered acceptable. 6. Miscellaneous matters One submitter identifies portions of State legislation that they believe to be relevant and that has not been taken into consideration.


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Applicant’s Response: No response provided. Officer's Comments: One submitter specifically stated that relevant legislation would not be complied with if an approval to build the proposal was given. They do not state which legislation or what the non-compliance is. It must be noted that Council do not have the jurisdiction to issue a building permit. This is a planning application and is treated as such. Further, no additional structures are to be built as part of the proposal. It is considered the proposal complies with the Sustainable Planning Act 2009.

RESOURCES IMPLICATIONS There are no resource implications for Council as a result of this recommendation CONSULTATION The application was discussed with representatives from various Council Departments at the Development Assessment Review Team (DART) meeting on 15 January 2013 as a new application. Below are the relevant minutes from the meeting:

This is the ex-Illawong Sanctuary and is an impact assessable application. Proposal is for 100 cats and [100] dogs. Regulatory Services local law people to be shown application for comments. OK to approval under delegated authority if no submissions are received, otherwise bring back to DART.

As instructed by the DART, advice was sought from Council's Health and Regulatory Services regarding the proposal. The advice given was that as per the Environmental Protection Regulations 2008, the requirement for an Environmentally Relevant Activity permit for kennels/cattery was removed. As such, no ERA permit is required for the proposal. CONCLUSION The proposal to establish a kennels use over the subject site is recommended for approval. The application is consistent with the relevant codes and the overall intent of the Mirani Shire Plan. The subject site is considered appropriate to accommodate the proposed use given that a similar use (Illawong Animal Sanctuary) was present on the site, and it is considered a more logical and practical outcome to effectively re-stablish a similar animal use as opposed to establishing a brand new use on another property with no animal history.

Officer Recommendation

A. THAT Council approve the application for a Material Change of Use - Kennels at 2989 Mackay-Eungella Road, described as Lot 1 on RP729005, subject to the following conditions:


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1. Plan of Development

The approved Material Change of Use - Kennels must be completed and maintained generally in accordance with the plan of development and supporting documentation which forms part of this application, except as otherwise specified by any condition of this approval.

2. Compliance with Conditions

All conditions must be complied with prior to the commencement of the use on the subject site, unless specified in an individual condition.

3. Maintenance of Development

Maintain the approved development (including landscaping, carparking, driveways and other external spaces) in accordance with the approved drawing(s) and/or documents, and any relevant Council engineering or other approval required by the conditions.

4. Conflict between plans and written conditions

Where a discrepancy or conflict exists between the written condition(s) of the approval and the approved plans, the requirements of the written condition(s) will prevail.

5. Notice of Intention to Commence the Use

Prior to the commencement of the use on the site, written notice must be given to Council that the use (development and / or works) fully complies with the decision notice issued in respect of the use (please see attached notice for your completion).

6. Damage

Any damage which is caused to Council’s infrastructure as a result of the proposed development must be repaired immediately.

7. Compliance with Council Standards

All design and construction for the development must be in accordance with Council’s Policies, Engineering Design Guidelines, Standard Drawings and Standard Specifications.


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8. Advertising Sign Approval

No advertising sign nor advertising device must be erected without Council approval. A separate application to Council under Local Law 1 will be required to be made to seek approval of the signage/advertising device.

9. Signage

Any signage that is to be located within the road reserve is to have approval from the Department of Transport and Main Roads.

10. Fencing

Additional internal fencing is to be erected between each structure used to house animals and the existing perimeter fencing.

11. Landscaping

Additional landscaping is required in the form of mature trees or low level shrubs. The landscaping is to be located between the proposed kennels and the northern boundary of the site. A detailed site and footpath landscaping plan must be prepared by a qualified Landscape Designer to demonstrate the existing vegetation and additional vegetation identified above. The landscape plan must be submitted and approved by Council prior to the commencement of the use. The plan must show for all areas identified on the approved plan of development the following:

landscape specification of sufficient detail so that landscape works are to be carried out;

plant schedule detailing number of plants, species, pot size and height at planting;

details of soil and mulch types, including depths, areas of turf, garden edges and paving finishes;

the details of the irrigation system.

Any proposed landscaped works within Council’s Road Reserve must comply with Planning Scheme Policy No.11 – Landscaping.

12. Waste Storage Area

The location and design of the waste storage area must be located so as not to cause a nuisance to neighbouring properties in accordance with the relevant provisions of the Environmental Protection Act and Regulations.


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13. Waste Collection

All wastes arising from such kennels shall be disposed of by way of septic tank installation or other such means as approved by Council. Further, as proposed, the daily operation of the kennels is to include:

the collection of solid waste 3 times daily;

the storing of solid waste in an enclosed bin until transferred to an offsite waste storage facility; &

sealed surfaces used as part of the animal enclosures are to be hosed down daily.

B. THAT the applicant be provided with the following Assessment Manager Advice:

1. Local laws

The approved development must also comply with Council’s current Local Laws under the Local Government Act 2009.

2. Hours of Work

It is the applicant/owner’s responsibility to ensure compliance with Section 440R of the Environmental Protection Act 1994, which prohibits any construction, building and earthworks activities likely to cause audible noise (including the entry and departure of heavy vehicles) between the hours of 6:30pm and 6:30am from Monday to Saturday and at all times on Sundays or Public Holidays.

3. Dust Control It is the applicant/owner’s responsibility to ensure compliance with Section 319 General Environmental Duty of the Environmental Protection Act 1994, which prohibits unlawful environmental nuisance caused by dust, ash, fumes, light, odour or smoke beyond the boundaries of the property during all stages of the development including earthworks and construction.

4. Sedimentation Control It is the applicant/owner’s responsibility to ensure compliance with Chapter 8, Part 3C of the Environmental Protection Act 1994 to prevent soil erosion and contamination of the stormwater drainage system and waterways.

5. Noise During Construction and Noise in General It is the applicant/owner’s responsibility to ensure compliance with Chapter 8, Part 3B of the Environmental Protection Act 1994.


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6. General Safety of Public During Construction

It is the principal contractor’s responsibility to ensure compliance with Section 19 (2) Work Health and Safety Act 2011. Section 19 (2) states that a person conducting a business or undertaking must ensure that the health and safety of other persons is not put at risk from work carried out as part of the conduct of the business or undertaking. It is the responsibility of the person in control of the workplace to ensure compliance with Section 20 (2) of the Work Health and Safety Act 2011. Sections 20 (2) states that the person in control of the workplace is obliged to ensure that the means of entering and exiting the workplace and anything arising from the workplace are without risks to the health and safety of any person.

7. Contaminated Land

It is strictly the applicant/owner’s responsibility to source information regarding contaminated land from the Department of Environment and Heritage Protection, Contaminated Land Section as Council has not conducted detailed studies and does not hold detailed information pertaining to contaminated land.

Council Resolution

THAT the Officer's Recommendation be adopted. Moved Cr Perkins Seconded Cr Steindl

CARRIED

10. CONSIDERATION OF COMMITTEE REPORTS:

10.1 DRAFT TRAFFIC ADVISORY COMMITTEE MEETING MINUTES - 19 APRIL 2013

File No Advisory, Regulated Parking and Bicycle Advisory Committee Author Manager Technical Services

Purpose

To present to Council the draft Traffic Advisory Committee Meeting Minutes dated 19 April 2013, for consideration of committee recommendations.


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THAT the draft Minutes for the Traffic Advisory Committee dated 19 April 2013 be received. FURTHER THAT Council note the assessment of required pedestrian facilities at River/Wellington Streets intersection and that as such no additional facilities other than those currently proposed at the Nelson Street Roundabout be provided at this time.

Council Resolution

THAT the Officer's Recommendation be adopted. Moved Cr Casey Seconded Cr Bonanno

CARRIED

10.2 DRAFT WALKING AND CYCLING ADVISORY COMMITTEE MEETING MINUTES - 8 APRIL 2013

File No Walking and Cycling Advisory committee Meeting Minutes Author Director Engineering Services

Purpose

To present to Council the draft Walking and Cycling Advisory Committee Meeting Minutes dated 8 April 2013, for information purposes.


THAT the draft Minutes of the Walking and Cycling Advisory Committee dated 8 April 2013 be received.

Council Resolution

THAT the Officer's Recommendation be adopted. Moved Cr Casey Seconded Cr Steindl

CARRIED


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10.3 DRAFT NATURAL ENVIRONMENT ADVISORY COMMITTEE MEETING MINUTES - 26 MARCH 2013

File No NEAC Minutes Author Coordinator Natural Environment

Purpose

To present to Council the draft Natural Environment Advisory Committee Meeting Minutes dated 26 March 2013, for consideration of committee recommendations.

Operational Plan Linkage

This report relates to Strategy 3.1 and Strategy 3.2.2 and 3.3.1 involving environment awareness, development of a web-based natural environment plan and works associated with Council's beach plans. Committee Recommendation Item 1 THAT Council fund the proposal as presented including allocating $157,000 from the natural Environment Levy in 2012/13 and $18,500 in 2013/14 to allow the specified works to proceed. Item 3 THAT Council fund and undertake the priority projects as presented, including the delivery agency. Item 5 THAT Council fund the proposed budget for 2013/14 as presented. Director's Comments Item 1 This item relates to the proposed upgrading of the Natural Environment Centre in Swayne Street in North Mackay. A comprehensive study was undertaken and the proposed words, which can be accommodated within the current 2012/13 budget allocations, will provide a facility that will illustrate how Council is progressing the concept of sustainability. The works proposed to be undertaken within the 2013/14 financial year will be included within the draft Natural Environment Budget for 2013/14 and as such Council will review this further expenditure as part of this process.


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Item 3 The Committee considered the priority for projects associated with the Natural Environment Plan. These have been included in the draft Natural Environment Budget as endorsed by the Committee for Council's determination as part of the overall budget process. It is also proposed that Reef Catchments be engaged where appropriate to deliver a number of these projects in 2013/14 as they have in 2012/13 whereby there are no fees for the provision of this service. The Committee's recommendation is supported, however as the projects have been included within the draft Natural Environment Budget for consideration by Council, approval of projects can be finalised upon the approval of the 2013/14 budget. Item 5 The Committee reviewed the draft budget associated with the Natural Environment Levy and based on the comments of the Committee the draft has been amended for inclusion within the overall Council's 2013/14 budget consideration. The Committee's recommendation is supported. Officer's Recommendation 1. THAT the draft Minutes for the Natural Environment Advisory Committee meeting dated

26 March 2013 be received. 2. THAT works to upgrade the Natural Environment Centre at Swayne Street, North

Mackay, at the estimated cost of $157,000, be approved on the basis of being funded from the existing 2012/13 Natural Environment Budget.

3. THAT further works to complete this project, estimated at $18,500, are to be included in

the draft 2013/14 budget for the Natural Environment, for consideration by Council. 4. THAT the Natural Environment Plan projects and delivery mechanisms be noted and

progressed upon approval of the Council Budget for 2013/14. 5. THAT the draft 2013/14 Natural Environment Budget be noted and be considered in

association with Council's 2013/14 budget deliberations. Council Resolution

THAT the Officer's Recommendation be adopted. Moved Cr Morgan Seconded Cr Jones

CARRIED


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10.4 DRAFT MINUTES MACKAY MATSUURA SISTER CITY ADVISORY COMMITTEE

Author Manager Community Development and Libraries

Purpose

Attached is a copy of the draft minutes of the Mackay Matsuura Sister City Advisory Committee meeting held 15 April 2013, for information purposes.


THAT the minutes of the Mackay Matsuura Sister City Advisory Committee Meeting of 15 April 2013 be received.

Council Resolution

THAT the Officer's Recommendation be adopted. Moved Cr Jones Seconded Cr Perkins

CARRIED

11. RECEIPT OF PETITIONS:

Nil

12. TENDERS:

Ni

13. CONSIDERATION OF NOTIFIED MOTIONS

Nil

14. LATE BUSINESS:

14.1 DOMESTIC VIOLENCE AWARENESS MARCH

The Mayor advised the month of May is the Domestic Violence Awareness month and some Councillors, the Mayor, CEO and Directors of Mackay Regional Council will be taking part in the Domestic Violence Awareness March at 5 pm tonight starting at the Bluewater Quay. This


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March will be led by the Police and followed by Community Members to raise the awareness of domestic and family violence in the community.

15. PUBLIC PARTICIPATION:

Nil

16. CONFIDENTIAL REPORTS:

Nil

17. MEETING CLOSURE

The meeting closed at 10.50 am.

18. FOR INFORMATION ONLY

18.1 DEVELOPMENT APPLICATION INFORMATION - 15.04.13 TO 21.04.13

For Council Information Only - No Decision Required. Development Applications Received

App No

Code/ Impact

Address Applicant Description Officer

MCUC-2013-122

Code 388 Milton Street, PAGET

McAleese Property Holdings Pty Ltd

General Industry (Storage of Various Industrial Parts and Materials)

Matthew Ingram

MCUC-2013-122

Code 388 Milton Street, PAGET

McAleese Property Holdings Pty Ltd

General Industry (Storage of Various Industrial Parts and Materials)

Matthew Ingram

CA-2008-236

14 Diamond Crescent, SARINA

Cotherstone Pty Ltd Request to Extend Relevant Period - Material Change of Use - Rural to Urban Residential AND Reconfiguration of 1 Lot to create 18 Residential Lots

Alan White

CON-2013-99

180 Whitehaven Drive, BLACKS BEACH

GMA Certification Group Pty Ltd

Building Work - Boundary Setback for Dwelling House

Andrea McPherson

MCUI-2013-141

Impact 565 Homebush Road, SANDIFORD

Phil Dance Investments P/L T/A Pdplan

Transport Depot (Superseded Planning Scheme)

Julie Brook

CON-2013-79

111 Investigator Street, ANDERGROVE

Craig A Shepherd and Renae Shepherd

Building Work - Road Boundary Setback Variation for Dwelling House and Garage.

Josephine McCann


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App No

Code/ Impact

Address Applicant Description Officer

ROLC-2013-135

Code 18 Admiral Drive, DOLPHIN HEADS

Derek A Muirhead and Narelle L Muirhead

Combined Application 1 Rural Residential Lot into 2 Lots and Dwelling House (Steep Land Overlay)

Helle Jorgensen Smith

MCUC-2013-138

Code 55 Superior Boulevard, ANDERGROVE

Sandsky Developments

Dual Occupancy Julie Brook

MCUC-2013-142

Code 57 Hinze Circuit, RURAL VIEW

Richard N Swettenham and Christine Swettenham

Dual Occupancy Andrea McPherson

ROLC-2013-114

Code 15-17 Bosso Street, PAGET

BOMA Group Boundary Realignment 6 Industry High Impact Lots into 2 Lots

Matthew Ingram

ROLC-2013-136

Code L 905 Boveys Road, RICHMOND

Pointglen Developments Pty Ltd

2 Urban Expansion Lots into 48 residential lots, 1 park lot and 1 drainage lot - Stage 5, Richmond Hills

Shane Kleve

ROLC-2013-136



2 Urban Expansion Lots into 48 residential lots, 1 park lot and 1 drainage lot - Stage 5, Richmond Hills

Shane Kleve

CON-2013-97

13 Glenoak Avenue, RICHMOND

Gemini Homes (QLD) Pty Ltd


Andrea McPherson

CON-2013-100

316 Anzac Avenue, MARIAN

Higgins Designer Homes


Kathryn Goodman

MCUI-2013-139

Impact 8-14 Centurion Drive, PAGET

Mackay Property Investments Pty Ltd

Health Care Centre, Commerical Premise & Gym

Darryl Bibay

CON-2013-98

58 Mackenzie Street, WEST MACKAY

Stephen L De Keijzer Building Work - Boundary Setback for Residential Storage Shed


ROLC-2013-137



2 Urban Expansion Lots and 1 Rural Lot into 84 Residential Lots - Stage 6 & 7

Julie Brook

ROLC-2013-137



2 Urban Expansion Lots and 1 Rural Lot into 84 Residential Lots - Stage 6 & 7

Julie Brook

MCUI-2013-140

Impact 23706 Peak Downs Highway, ETON

BRW Transport and Quarries Pty Ltd

Extractive Industry Helle Jorgensen Smith

Development Applications Entering Decision Making Period

App No Code/

Impact Address Applicant Description Primary

Officer MCUC-2013-142

Code 57 Hinze Circuit RURAL VIEW

Richard N Swettenham and Christine Swettenham


ROLC-2012-251

Code 122 Kellys Road WALKERSTON

AV Jennings Mackay Pty Ltd

2 Urban Expansion Lots into 95 Lots, Parkland & 1 Balance Lot - Glenrowan Estate - Stages 8, 9 & 10

Darryl Bibay

ROLC-2012-416

Code 0 Wainai Road FARLEIGH

David N Saunders 1 Rural Residential Lot into 2 Lots Darryl Bibay


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App No Code/ Impact

Address Applicant Description Primary Officer

ROLC-2013-135

Code 18 Admiral Drive DOLPHIN HEADS

Derek A Muirhead and Narelle L Muirhead

Combined Application 1 Rural Residential Lot into 2 Lots and Dwelling House (Steep Land Overlay)


ROLC-2013-58

Code 80 Windsors Road BALBERRA

Focus Pty Ltd Boundary Realignment - 2 Rural Lots into 2 Lots

Brogan Jones

ROLC-2013-89

Code 142 Surprise Creek Road MOUNT OSSA

Andrew Deguara (Holdings) Pty Ltd

Reconfiguration of a Lot - Boundary Realignment 2 Rural Lots into 2 Rural Lots

Andrea McPherson

ROLC-2013-91

Code 18 Drury Street BAKERS CREEK

Jendamit Pty Ltd Reconfiguration of a Lot - 1 Urban Residential Lot into 2 Lots

Andrea McPherson

ROLI-2013-12

Impact 0 Cliftonville Road SARINA

Ian C Brady and Linda M Brady

1 Split Zone into 3 Rural Res Lots & 1 Rural Lot.

Josephine McCann

Development Applications Finalised

App No Code/

Impact Location Applicant Description Officer

Approved Subject to Conditions CON-ASPA-2013/87

167 Stotts Road TE KOWAI QLD 4740

George A Davis Building Work - Boundary Setback for Residential Storage Shed

Andrea McPherson

CON-ASPA-2013/90

2 Corymbia Court ANDERGROVE QLD 4740

Dale P Durnsford Building Work - Boundary Setback for Patio

Andrea McPherson

CON-ASPA-2013/91

14 Ennio Court SOUTH MACKAY QLD 4740

GMA Certification Group Pty Ltd

Building Work - Boundary Setback for Carport

Andrea McPherson

MCUC-ASPA-2012/283A

Code 360 Midge Point Road BLOOMSBURY QLD 4799

Justin Peel Request for Permissible Change - Residential Storage Shed

Andrea McPherson

MCUC-ASPA-2013/95

Code 11 Westaway Crescent ANDERGROVE QLD 4740

Bloomer Constructions QLD Pty Ltd


ROLC-ASPA-2013/59

Code L 2 Maraju-Yakapari Road DUMBLETON QLD 4740

Colin B Windsor and Christine Windsor

Boundary Realignment 2 Rural Lots into 2 Rural Lots

Darryl Bibay

CA-IDAS-2008/182A

4 Mowlam Street EIMEO QLD 4740

Murray K Jones Request to Extend Relevant Period - Combined Application: Reconfiguration of a Lot (1 into 2); and Material Change of Use - 2 x dwelling houses on Lots less than 450m2)


CA-IDAS-2008/182B

4 Mowlam Street EIMEO QLD 4740

Lane Associates Permissible Change - Change of Conditions - Combined Application: Reconfiguration of a Lot (1 into 2); and Material Change of Use - 2 x dwelling houses on Lots less than 450m2)


MCUC-ASPA-2013/18

Code 116 Malcomson Street NORTH MACKAY QLD 4740

Casper Ragany Home Based Business - Phone Repairs Helle Jorgensen Smith


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App No Code/ Impact

Location Applicant Description Officer

Approved Subject to Conditions CON-ASPA-2013/77

18 Melba Street ARMSTRONG BEACH QLD 4737

Mackay and Whitsunday Building Certification

Building Work - Road and Side Boundary Setback Variations for Dwelling House AND Floor Level Variation.

Josephine McCann

MCUC-ASPA-2013/69

Code 8-10 Windmill Crossing MOUNT PLEASANT QLD 4740

Sentinel Homemaker 2 Pty Ltd

Catering Shop of 18m2 and 45m2 of Dining Area.

Josephine McCann

MCUC-ASPA-2013/81

Code 18 Sturt Crescent ERAKALA QLD 4740

Nathan N Borg Residential Storage Shed Exceeding 85m2 on a Rural Residential Lot and Road Boundary Setback Variation for Dwelling House.

Josephine McCann

RECONF-IDAS-2008/527B

L 1 Bally Keel Road ALLIGATOR CREEK QLD 4740

Premier Residences Holdings Pty Ltd

Request to Extend Relevant Period and Change of Conditions - Reconfiguration of 1 lot to create 46 Rural Residential Lots.

Josephine McCann

CON-ASPA-2013/92

73 Maranark Avenue MOUNT PLEASANT QLD 4740

Contrast Constructions Pty Ltd

Building Work - Not Complying with the approved Masterplan (DA-2005-48)

Julie Brook

MCUI-ASPA-2012/391

Impact 40 Gunsynd StreetOORALEA QLD 4740

Sandsky Developments

Multiple Dwelling Units (3) Kathryn Goodman

Negotiated Decision MCUIMP-IDAS-2009/435

Impact L 14 Kinchant Dam Road KINCHANT DAM QLD 4741

Victor C Deguara Extractive Industry (30,000 tonnes of hard rock per annum)

Matthew Ingram

Confirmed on Wednesday 8 May 2013

………………………………………

MAYOR


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APPENDIX / ATTACHMENTS


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final minutes - mackay council · this report provides an overview of the relevant issues relating...

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