ord/4 confirmation of minutes ord/4.1 adopt ... meeting of council minutes - wednesday, 2 september...

Ordinary Meeting of Council Minutes - Wednesday, 2 September 2015.

Page 8

ORD/4 CONFIRMATION OF MINUTES

ORD/4.1 Adopt Minutes Ordinary Meeting of Council 19 August 2015 To R.A. Musgrove, CHIEF EXECUTIVE OFFICER File No LG13.6.4 Date 20 August 2015 Authored by R. A. Musgrove, CHIEF EXECUTIVE OFFICER Responsible Manager R. A. Musgrove, CHIEF EXECUTIVE OFFICER Responsible General Manager R. A. Musgrove, CHIEF EXECUTIVE OFFICER

Summary/Purpose

The purpose of this Report is for Council to adopt the Minutes of the Ordinary Meeting of Council held on Wednesday, 19 August 2015. Employee Material Personal Interest/Conflict of Interest Nil Councillor Material Personal Interest/Conflict of Interest Nil

Officer's Recommendation

That this Report be received and that: 1. The Unconfirmed Minutes of the Ordinary Meeting of Council held on Wednesday, 19 August 2015,

copies of which have been circulated to Members, be taken as read and confirmed. Justification Nil Link to Corporate Plan Nil

COUNCIL RESOLUTION

MOVED by Cr. A.G. Brame and seconded by Cr. A.N. Smith That this Report be received and that: 1. The Unconfirmed Minutes of the Ordinary Meeting of Council held on Wednesday, 19 August 2015,

copies of which have been circulated to Members, be taken as read and confirmed.

CARRIED

Ordinary Meeting of Council Minutes

Held at Western Downs Regional Council's Chinchilla Customer Service Centre

On Wednesday, 19 August 2015

Commencing at 09:30 AM

R. A. MUSGROVE CHIEF EXECUTIVE OFFICER Wednesday, 19 August 2015.

Ordinary Meeting of Council Minutes Wednesday, 19 August 2015. ORDER OF BUSINESS:

Item Precis File No Page

DECLARATION OF MEETING OPENING 5

PRESENT 5

ORD/1 OPENING PRAYER AND MINUTE SILENCE 5

ORD/2 APOLOGIES 5

ORD/3 CONGRATULATIONS 5

ORD/4 CONFIRMATION OF MINUTES 6

ORD/4.1 Adopt Minutes Ordinary Meeting of Council 5 August 2015

LG13.6.4 6

ORD/5 BUSINESS ARISING FROM THE MINUTES OF PREVIOUS MEETINGS

7

ORD/5.1 ORD.IS/10.3.1 Infrastructure Services Report Funding Agreement Australia Pacific LNG Pty Limited Western Downs Regional Council Anzac Park Miles Legacy Project

AD6.6.2 7

ORD/6 PRESENTATION OF PETITIONS BY COUNCILLORS 7

ORD/7 PRESENTATION OF MAYORAL UPDATE 7

CONFIDENTIAL MINUTE ITEMS 8

ORD.CONF.EXS/8.1 EXECUTIVE SERVICES CONFIDENTIAL REPORTS 9

ORD.CONF.EXS/8.1.1 Executive Services Confidential Report Nurses Certified Agreement 2011 Personal Carers Support Workers Certified Agreement 2012

AD6.6.2, AD7.6.1, Doc. No. 2680184

9

ORD.CONF.CCS/8.2 CORPORATE AND COMMUNITY SUPPORT CONFIDENTIAL REPORTS

11

ORD.CONF.IS/8.3 INFRASTRUCTURE SERVICES CONFIDENTIAL REPORTS

12

ORD.CONF.IS/8.3.1 (035.2014.626.001) Infrastructure Services Confidential Report Appeal Development Application Reconfiguring a Lot (1 Lot into 4 Lots) at Lot 11 on SP202815 82 Watt Street Dalby Walker

A5116, LG7.2.1,

LG7.9.1 & AD6.6.2, Doc.

No. 035.2014.626.

001

12

Ordinary Meeting of Council Minutes - Wednesday, 19 August 2015.


ORD.CONF.IS/8.3.2 (030.2010.1487.001) Infrastructure Services Confidential Report Appeal Development Application Material Change Use Noxious Industry (Abattoir Extension) ERA25(1a) Meat Processing 56 Jimbour Station Road 1709 Macalister-Bell Road Jimbour East Wattlevilla

A42354, A42374, LG7.2.1,

LG7.6.1 & AD6.6.2, Doc.

No.

14

ORD.CONF.IS/8.3.3 (030.2014.238.001) Infrastructure Services Confidential Report Submissions Received Development Application Material Change Use Storage Facility (Heavy Vehicle Depot Ancillary Service Station Truck Wash) Lot 25 C4416 18 Blyth Street Condamine Weaver

A20055, LG7.6.1 &

AD6.6.2, Doc. No.

030.2014.238.001

16

ORD.CONF.IS/8.3.4 Infrastructure Services Confidential Report Western Downs Regional Council Saleyards Advisory Committee Meeting 31 July 2015

AD6.6.2 18

MINUTE ITEMS FOR DECISION 22

ORD.EXS/9.1 EXECUTIVE SERVICES REPORTS 22

ORD.CCS/9.2 CORPORATE AND COMMUNITY SUPPORT REPORTS

22

ORD.IS/9.3 INFRASTRUCTURE SERVICES REPORTS 23

ORD.IS/9.3.1 (030.2014.238.001) Infrastructure Services Report Development Application Material Change Use Storage Facility [(Heavy Vehicle Depot) Ancillary Service Station (Unmanned Fuel Facility) Ancillary Truck Wash] Lot 25 C4416 18 Blyth Street Condamine Weaver

A20055, LG7.6.1 &

AD6.6.2, Doc. No.

030.2014.238.001

23

ORD.IS/9.3.2 (030.2015.237.001) Infrastructure Services Report Development Application for Material Change of Use for an Accommodation Building (10 Accommodation Units) at Lots 5 and 14 RP104020 24 and 26 Jerrard Street Wandoan The Planning Place

A50780, LG7.6.1 &

AD6.6.2, Doc. No.

030.2015.237.001

62

MINUTE ITEMS FOR DISCUSSION 65



66

ORD.CCS/10.2.1 Corporate and Community Support Financial Report July 2015

AD6.6.2, AD4.22.1, AD4.16.3

66

ORD.CCS/10.2.2 Corporate and Community Support Report Stocktake Variances at 2014/2015 Final Stocktake

AD6.6.2, AD3.1.2

67



ORD.CCS/10.2.3 Corporate and Community Support Report Application for Conversion GHPL 16/10621 Lot 27 on PG311 Parish of Noondoomally

AD6.6.2, AD10.5.1, Doc. No. 2785014

69

ORD.CCS/10.2.4 Corporate and Community Support Report Application for Lease Part Lot 235 on FTY1669 Lot M on DY1104 Boondandilla State Forest

AD6.6.2, AD10.5.1, Doc. No. 2772664

71

ORD.CCS/10.2.5 Corporate and Community Support Report Local Events and Sponsorship Program Out Of Rounds Application The National Rodeo Council Australia Limited

AD6.6.2 73

DEPUTATION 77

ORD.DEP/1.1 DEPUTATION 77

ORD.DEP/1.1 Deputation Turner Accommodation Camps Overland Water Flow Rate Increases

AD6.6.2 77

MINUTE ITEMS FOR DISCUSSION 78


ORD.IS/10.3.1 Infrastructure Services Report Queensland Government Infrastructure Funding Rounds

AD6.6.2 78

MINUTE ITEMS FOR NOTING 80


ORD.EXS/11.1.1 Executive Services Chief Executive Officer Monthly Report July 2015

AD6.6.2 81

ORD.EXS/11.1.2 Executive Services Report Outstanding Council Meeting Actions 2014 to 15 July 2015

AD6.6.2 82


83


NOTICES OF MOTION 83

ORD.NOM/12.1 CONSIDERATION OF NOTICES OF MOTION/BUSINESS

83

ORD.NOM/12.2 RECEPTION OF NOTICES OF MOTION FOR NEXT MEETING

83

URGENT GENERAL BUSINESS 83

ORD.UGB/13.1 URGENT GENERAL BUSINESS 83

MEETING CLOSURE 84


Page 5

DECLARATION OF MEETING OPENING

The Chairperson declared the Meeting open at 09:30 AM.

PRESENT

Mayor Cr. R.C. Brown (Chairperson) Councillors Cr. A.G. Brame Cr. C.M. Hall Cr. R.B. Jamieson Cr. O.G. Moore Cr. G.M. Olm Cr. I.J. Rasmussen Cr. A.N. Smith Cr. C.T. Tillman Officers R. A. Musgrove, CHIEF EXECUTIVE OFFICER L. Sharpe, ACTING CORPORATE AND COMMUNITY SUPPORT GENERAL

MANAGER G. K. Cook, INFRASTRUCTURE SERVICES GENERAL MANAGER W. Cuskelly, MEETING SERVICES OFFICER

ORD/1 OPENING PRAYER AND MINUTE SILENCE

Pastor Lee Dallmann from the Western Downs Community Church delivered the opening prayer. This was followed by the observance of a minute silence.

ORD/2 APOLOGIES

Nil.

ORD/3 CONGRATULATIONS

Nil.


Page 6

ORD/4 CONFIRMATION OF MINUTES

ORD/4.1 Adopt Minutes Ordinary Meeting of Council 5 August 2015 To R.A. Musgrove, CHIEF EXECUTIVE OFFICER File No LG13.6.4 Date 6 August 2015 Authored by R. A. Musgrove, CHIEF EXECUTIVE OFFICER Responsible Manager R. A. Musgrove, CHIEF EXECUTIVE OFFICER Responsible General Manager R. A. Musgrove, CHIEF EXECUTIVE OFFICER

Summary/Purpose

The purpose of this Report is for Council to adopt the Minutes of the Ordinary Meeting of Council held on Wednesday, 5 August 2015. Employee Material Personal Interest/Conflict of Interest Nil Councillor Material Personal Interest/Conflict of Interest Nil


That this Report be received and that: 1. The Unconfirmed Minutes of the Ordinary Meeting of Council held on Wednesday, 5 August 2015,

copies of which have been circulated to Members, be taken as read and confirmed. Justification Nil Link to Corporate Plan Nil

COUNCIL RESOLUTION

MOVED by Cr. I.J. Rasmussen and seconded by Cr. A.N. Smith That this Report be received and that: 1. The Unconfirmed Minutes of the Ordinary Meeting of Council held on Wednesday, 5 August 2015,

copies of which have been circulated to Members, be taken as read and confirmed.

CARRIED


Page 7

ORD/5 BUSINESS ARISING FROM THE MINUTES OF PREVIOUS MEETINGS

ORD/5.1 ORD.IS/10.3.1 Infrastructure Services Report Funding Agreement Australia Pacific LNG Pty Limited Western Downs Regional Council Anzac Park Miles Legacy Project

File No AD6.6.2

Summary/Purpose

In relation to the Minutes of the Previous Meeting of 5 August 2015 and in particular, ORD.IS/10.3.1 Infrastructure Services Report Funding Agreement Australia Pacific LNG Pty Limited Western Downs Regional Council Anzac Park Miles Legacy Project (Page 113), Cr. O.G. Moore queried if any concerns had been expressed by Australia Pacific LNG Pty Limited. Mr R.A. Musgrove, Chief Executive Officer advised that Council was having ongoing discussions with Australia Pacific LNG Pty Limited in relation to the project. Australia Pacific LNG Pty Limited is of the belief that Council should contribute financially to the project.

ORD/6 PRESENTATION OF PETITIONS BY COUNCILLORS

Nil.

ORD/7 PRESENTATION OF MAYORAL UPDATE

Nil.


Page 8

CONFIDENTIAL MINUTE ITEMS Section 275 of the Local Government Regulation 2012 in relation to Closed meetings provides:

(1) A local government or committee may resolve that a meeting be closed to the public if its councillors or members consider it necessary to close the meeting to discuss-

(a) the appointment, dismissal or discipline of employees; or (b) industrial matters affecting employees; or (c) the local government's budget; or (d) rating concessions; or (e) contracts proposed to be made by it; or (f) starting or defending legal proceedings involving the local government; or (g) any action to be taken by the local government under the Planning Act, including deciding

applications made to it under that Act; or (h) other business for which a public discussion would be likely to prejudice the interests of the

local government or someone else, or enable a person to gain a financial advantage.

(2) A resolution that a meeting be closed must state the nature of the matters to be considered while the meeting is closed.

(3) A local government or committee must not make a resolution (other than a procedural resolution) in a

closed meeting. COUNCIL RESOLUTION - CLOSE MEETING MOVED by Cr. R.B. Jamieson and seconded by Cr. G.M. Olm That Council resolve to close the Meeting in accordance with Sections 275 (1) (b), (f), (g) and (h) of the Local Government Regulation 2012 at 09:35 AM to discuss the following Confidential Reports: 1. ORD.CONF.EXS/8.1.1 Executive Services Confidential Report Nurses Certified Agreement 2011

Personal Carers Support Workers Certified Agreement 2012; 2. ORD.CONF.IS/8.3.1 (035.2014.626.001) Infrastructure Services Confidential Report Appeal

Development Application Reconfiguring a Lot (1 Lot into 4 Lots) at Lot 11 on SP202815 82 Watt Street Dalby Walker;

3. ORD.CONF.IS/8.3.2 (030.2010.1487.001) Infrastructure Services Confidential Report Appeal

Development Application Material Change Use Noxious Industry (Abattoir Extension) ERA25(1a) Meat Processing 56 Jimbour Station Road 1709 Macalister-Bell Road Jimbour East Wattlevilla;

4. ORD.CONF.IS/8.3.3 (030.2014.238.001) Infrastructure Services Confidential Report

Submissions Received Development Application Material Change Use Storage Facility (Heavy Vehicle Depot Ancillary Service Station Truck Wash) Lot 25 C4416 18 Blyth Street Condamine Weaver; and

5. ORD.CONF.IS/8.3.4 Infrastructure Services Confidential Report Western Downs Regional

Council Saleyards Advisory Committee Meeting 31 July 2015.

CARRIED COUNCIL RESOLUTION - REOPEN MEETING MOVED by Cr. O.G. Moore and seconded by Cr. C.T. Tillman That Council resolve to reopen the Meeting at 09:48 AM.

CARRIED


Page 9

CONFIDENTIAL MINUTE ITEMS

ORD.CONF.EXS/8.1 EXECUTIVE SERVICES CONFIDENTIAL REPORTS

ORD.CONF.EXS/8.1.1 Executive Services Confidential Report Nurses Certified Agreement 2011 Personal Carers Support Workers Certified Agreement 2012

To R. A. Musgrove, CHIEF EXECUTIVE OFFICER File No AD6.6.2, AD7.6.1, Doc. No. 2680184 Date 10 August 2015 Authored by J. Marrinan, HUMAN RESOURCE SERVICES COORDINATOR Responsible Manager J. Gilroy, PEOPLE, ORGANISATION AND ECONOMIC DEVELOPMENT

EXECUTIVE MANAGER Responsible General Manager R. A. Musgrove, CHIEF EXECUTIVE OFFICER

Summary/Purpose

The purpose of this Report is to seek Council's formal endorsement for a percentage wage increase to apply to the employees employed under the Western Downs Regional Council Nurses Certified Agreement 2011 and the Western Downs Regional Council Personal Carers and Support Workers Certified Agreement 2012 from 1 July 2015. Employee Material Personal Interest/Conflict of Interest Nil Councillor Material Personal Interest/Conflict of Interest Nil


That Council resolve to close its Meeting in accordance with Section 275 (1) (b) of the Local Government Regulation 2012 (industrial matters affecting employees) to discuss a confidential matter. That this Report be received and that Council agree that: 1. A percentage wage increase, will be negotiated, to take effect from the first full pay period on or after

1 July 2015. Justification Nil Link to Corporate Plan Strategic Theme 1: Effective and Inclusive Governance Western Downs Regional Council can be relied on to govern its communities and manage its business with strategic vision, equity, transparency, collaboration and financial responsibility.


Page 10

CONFIDENTIAL MINUTE ITEMS ORD.CONF.EXS/8.1 EXECUTIVE SERVICES CONFIDENTIAL REPORTS ORD.CONF.EXS/8.1.1 Executive Services Confidential Report Nurses Certified

Agreement 2011 Personal Carers Support Workers Certified Agreement 2012 …(Cont’d)

Cr. C.T. Tillman temporarily retired from the Meeting at 09:49 AM.

COUNCIL RESOLUTION

MOVED by Cr. I.J. Rasmussen and seconded by Cr. A.G. Brame That this Report be received and that Council agree that: 1. A percentage wage increase, will be negotiated, to take effect from the first full pay period on or after

1 July 2015; and

2. A Report be provided to Council for ratification.

CARRIED ABSENT. DID NOT VOTE - Cr. C.T. Tillman


Page 11


ORD.CONF.CCS/8.2 CORPORATE AND COMMUNITY SUPPORT CONFIDENTIAL REPORTS

Nil.


Page 12


ORD.CONF.IS/8.3 INFRASTRUCTURE SERVICES CONFIDENTIAL REPORTS

ORD.CONF.IS/8.3.1 (035.2014.626.001) Infrastructure Services Confidential Report Appeal Development Application Reconfiguring a Lot (1 Lot into 4 Lots) at Lot 11 on SP202815 82 Watt Street Dalby Walker

To R.A. Musgrove, CHIEF EXECUTIVE OFFICER File No A5116, LG7.2.1, LG7.9.1 & AD6.6.2, Doc. No. 035.2014.626.001 Date 5 August 2015 Authored by D. Sabiston, PLANNING MANAGER Responsible Manager D. Sabiston, PLANNING MANAGER Responsible General Manager G.K. Cook, INFRASTRUCTURE SERVICES GENERAL MANAGER

Summary/Purpose

The purpose of this Report is to provide Council with an update in regard to the appeal against conditions of an approval.

DEVELOPMENT APPLICATION: CODE ASSESSMENT

Application No: 035.2014.626.001 Applicant: Grant & Marianela Walker C/- FYFE Pty Ltd Owner: Grant & Marianela Walker Site Address: 82 Watt Street, Dalby Real Property Description: Lot 11 on SP202815 Zone: Rural Precinct: N/A Proposal: Reconfiguring a Lot (1 lot into 4 lots) Area of Land: 20,000m2 Submissions: N/A

Employee Material Personal Interest/Conflict of Interest Nil Councillor Material Personal Interest/Conflict of Interest Nil


That Council resolve to close its Meeting in accordance with Section 275 (1) (f) of the Local Government Regulation 2012 (starting or defending legal proceedings involving the local government) to discuss a confidential matter. That this Report be received and noted.


Page 13

CONFIDENTIAL MINUTE ITEMS ORD.CONF.IS/8.3 INFRASTRUCTURE SERVICES CONFIDENTIAL REPORTS ORD.CONF.IS/8.3.1 (035.2014.626.001) Infrastructure Services Confidential Report

Appeal Development Application Reconfiguring a Lot (1 Lot into 4 Lots) at Lot 11 on SP202815 82 Watt Street Dalby Walker …(Cont’d)

Justification Nil Link to Corporate Plan Strategic Theme 6: Balanced Growth A balanced and responsible approach to the continued growth of our region will promote sustainable development that enhances the liveability of our communities and the prosperity of our diverse businesses and industries.

COUNCIL RESOLUTION

MOVED by Cr. A.N. Smith and seconded by Cr. G.M. Olm That this Report be received and noted.



Page 14

CONFIDENTIAL MINUTE ITEMS ORD.CONF.IS/8.3 INFRASTRUCTURE SERVICES CONFIDENTIAL REPORTS

ORD.CONF.IS/8.3.2 (030.2010.1487.001) Infrastructure Services Confidential Report Appeal Development Application Material Change Use Noxious Industry (Abattoir Extension) ERA25(1a) Meat Processing 56 Jimbour Station Road 1709 Macalister-Bell Road Jimbour East Wattlevilla

To R.A. Musgrove, CHIEF EXECUTIVE OFFICER File No A42354, A42374, LG7.2.1, LG7.6.1 & AD6.6.2, Doc. No.

030.2010.1487.001 Date 5 August 2015 Authored by D. Sabiston, PLANNING MANAGER Responsible Manager D. Sabiston, PLANNING MANAGER Responsible General Manager G.K. Cook, INFRASTRUCTURE SERVICES GENERAL MANAGER

Summary/Purpose

The purpose of this Report is to provide Council with an update in regard to this now finalised appeal.

DEVELOPMENT APPLICATION: IMPACT & CODE ASSESSMENT

Application No: 030.2010.1487.001 Applicant: Wattlevilla Pty Ltd C/- FYFE Pty Ltd Owner: Lot 4: Wattlevilla Pty Ltd

Lot 363: Lexagold Pty Ltd and LJ & BJ Waldock Family Trust Site Address: Lot 4: 56 Jimbour Station Road, Jimbour East

Lot 363: 1709 Macalister-Bell Road, Jimbour East Real Property Description: Lot 4 on SP121405 & Lot 363 on AG2877 Zone: Rural Precinct: N/A Proposal: Material Change of Use to establish a Noxious Industry

(Extension to Abattoir) & ERA 25(1a) Meat Processing Area of Land: 106.221 hectares Submissions: 15 (14 properly made, 1 not properly made)



Page 15


Appeal Development Application Material Change Use Noxious Industry (Abattoir Extension) ERA25(1a) Meat Processing 56 Jimbour Station Road 1709 Macalister-Bell Road Jimbour E …(Cont’d)


That Council resolve to close its Meeting in accordance with Section 275 (1) (f) of the Local Government Regulation 2012 (starting or defending legal proceedings involving the local government) to discuss a confidential matter. That this Report be received and noted. Justification Nil Link to Corporate Plan Strategic Theme 6: Balanced Growth A balanced and responsible approach to the continued growth of our region will promote sustainable development that enhances the liveability of our communities and the prosperity of our diverse businesses and industries.

COUNCIL RESOLUTION

MOVED by Cr. A.N. Smith and seconded by Cr. A.G. Brame That this Report be received and noted.



Page 16


ORD.CONF.IS/8.3.3 (030.2014.238.001) Infrastructure Services Confidential Report Submissions Received Development Application Material Change Use Storage Facility (Heavy Vehicle Depot Ancillary Service Station Truck Wash) Lot 25 C4416 18 Blyth Street Condamine Weaver

To R.A. Musgrove, CHIEF EXECUTIVE OFFICER File No A20055, LG7.6.1 & AD6.6.2, Doc. No. 030.2014.238.001 Date 7 August 2015 Authored by D. Bradley, PLANNING OFFICER DEVELOPMENT ASSESSMENT Responsible Manager D. Sabiston, PLANNING MANAGER Responsible General Manager G.K. Cook, INFRASTRUCTURE SERVICES GENERAL MANAGER

Summary/Purpose

The purpose of this Report is for Council to consider the submissions received regarding the proposed development, the Officer's assessment of the merits of the submissions, and the recommendation in regard to the submissions.

DEVELOPMENT APPLICATION: IMPACT ASSESSMENT

Application No: 030.2014.238.001 Applicant: Martin Building Design Owner: Ms Robyn Weaver Site Address: 18 Blyth Street, Condamine Real Property Description: Lot 25 on C4416 Zone: Small Town Precinct: N/A Proposal: Material Change of Use to establish a Storage Facility [(Heavy

Vehicle Depot), Ancillary Service Station (Unmanned Fuel Facility - Diesel Only) and Ancillary Truck Wash]

Area of Land: 59,690m2 Submissions: Four (4)



Page 17


Submissions Received Development Application Material Change Use Storage Facility (Heavy Vehicle Depot Ancillary Service Station Truck Wash) Lot 25 C4416 18 Blyth Street Conda …(Cont’d)


That Council resolve to close its Meeting in accordance with Section 275 (1) (g) of the Local Government Regulation 2012 (any action to be taken by the local government under the Planning Act, including deciding applications to it under that Act) to discuss a confidential matter. That this Report be received and that: 1. Council note the Report. Justification Nil Link to Corporate Plan Strategic Theme 6: Balanced Growth A balanced and responsible approach to the continued growth of our region will promote sustainable development that enhances the liveability of our communities and the prosperity of our diverse businesses and industries.

COUNCIL RESOLUTION

MOVED by Cr. R.B. Jamieson and seconded by Cr. O.G. Moore That this Report be received and that: 1. Council note the Report.



Page 18


ORD.CONF.IS/8.3.4 Infrastructure Services Confidential Report Western Downs Regional Council Saleyards Advisory Committee Meeting 31 July 2015

To R. A. Musgrove, CHIEF EXECUTIVE OFFICER File No AD6.6.2 Date 7 August 2015 Authored by J. Taylor, FACILITIES MANAGER Responsible Manager J. Taylor, FACILITIES MANAGER Responsible General Manager G. K. Cook, INFRASTRUCTURE SERVICES GENERAL MANAGER

Summary/Purpose

The purpose of this Report is to provide Council with the Unconfirmed Minutes of the Western Downs Regional Council Saleyards Advisory Committee Meeting held on 31 July 2015 and to seek adoption of the recommendations contained in those Unconfirmed Minutes. Employee Material Personal Interest/Conflict of Interest Nil Councillor Material Personal Interest/Conflict of Interest Nil


That Council resolve to close its Meeting in accordance with Section 275 (1) (h) of the Local Government Regulation 2012 (other business for which a public discussion would be likely to prejudice the interests of the local government or someone else, or enable a person to gain a financial advantage) to discuss a confidential matter. That this Report be received and that: 1. Council note the Unconfirmed Minutes of the Western Downs Regional Council Saleyards Advisory

Committee Meeting held on 31 July 2015; 2. The Recommendations of the Western Downs Regional Council Saleyards Advisory Committee

Meeting held on 31 July 2015 be adopted as follows:

a. Apologies That the Western Downs Regional Council Saleyards Advisory Committee accepts the apology for non-attendance from Mr. R. Dellit.


Page 19

CONFIDENTIAL MINUTE ITEMS ORD.CONF.IS/8.3 INFRASTRUCTURE SERVICES CONFIDENTIAL REPORTS ORD.CONF.IS/8.3.4 Infrastructure Services Confidential Report Western Downs

Regional Council Saleyards Advisory Committee Meeting 31 July 2015 …(Cont’d)

b. Confirmation of Minutes of Previous Meeting That the Unconfirmed Minutes of the Western Downs Regional Council Saleyards Advisory Committee Meeting held on 22 May 2015, copies of which have been circulated to Members, be adopted.

c. Incident Report Injury Rectification Plan That the Western Downs Regional Council Saleyards Advisory Committee receive and note the Work Health & Safety Rectification Action Plan.

d. Cross Loading That the Western Downs Regional Council Saleyards Advisory Committee investigate Council's exposure to risk of liability of cross loading at the Dalby Regional Saleyards.

e. New Appointment ALMA Executive Officer That the Western Downs Regional Council Saleyards Advisory Committee receive and note the correspondence from the Australian Livestock Markets Association (ALMA).

f. Letter Requesting Consideration Assessment Improvement Ramps i. That the Western Downs Regional Council Saleyards Advisory Committee

recommend that a representative from The Livestock and Rural Transporters Association of Queensland Inc. be invited to become a member of the Western Downs Regional Council Saleyards Advisory Committee.

ii. That the Western Downs Regional Council Saleyards Advisory Committee receive the

correspondence from The Livestock and Rural Transporters Association of Queensland Inc. and a response be provided addressing their concerns in relation to the ramps at the Dalby Regional Saleyards.

g. Draft Dalby Regional Saleyards @ Western Downs Marketing Strategy

That the Western Downs Regional Council Saleyards Advisory Committee receive and note the presentation by Megan James for a Dalby Regional Saleyards @ Western Downs Marketing Strategy.

h. Saleyards Operations and Financial Report That the Western Downs Regional Council Saleyards Advisory Committee receive and note the Saleyards Financial and Operations Report. Further, that the Western Downs Regional Saleyards Advisory Committee recommend that the Saleyards Coordinator and staff be congratulated for the 2014/2015 operational result.

i. Saleyards Coordinator's Report That the Western Downs Regional Council Saleyards Advisory Committee receive and note the Saleyards Coordinator's Report.

j. European Union Cattle Accreditation Scheme (EUCAS) Report

That the Western Downs Regional Council Saleyards Advisory Committee receive and note the European Union Cattle Accreditation Scheme Report.

k. Australian Livestock Markets Association (ALMA) Conference

That the Western Downs Regional Council Saleyards Advisory Committee recommends the attendance of Cr. A.N. Smith, Cr G.M. Olm and Cr. R.B. Jamieson at the ALMA Conference to be held 22 - 24 September 2015 in Sydney.


Page 20



l. Correspondence from Santa Gertrudis Breeders (Australia) Association That the Western Downs Regional Council Saleyards Advisory Committee support, in principle, the proposal for a Multivendor Santa Gertrudis Sale at the Dalby Regional Saleyards.

Justification Nil Link to Corporate Plan Strategic Theme 5: Innovation and Economic Success Through strategic investment, facilitation and advocacy Western Downs Regional Council will continue to build capacity for the sustainable growth of our prosperous region.

COUNCIL RESOLUTION

MOVED by Cr. A.N. Smith and seconded by Cr. A.G. Brame That this Report be received and that: 1. Council note the Unconfirmed Minutes of the Western Downs Regional Council Saleyards Advisory

Committee Meeting held on 31 July 2015; 2. The Recommendations of the Western Downs Regional Council Saleyards Advisory Committee

Meeting held on 31 July 2015 be adopted as follows:

a. Apologies That the Western Downs Regional Council Saleyards Advisory Committee accepts the apology for non-attendance from Mr. R. Dellit.

b. Confirmation of Minutes of Previous Meeting

That the Unconfirmed Minutes of the Western Downs Regional Council Saleyards Advisory Committee Meeting held on 22 May 2015, copies of which have been circulated to Members, be adopted.

c. Incident Report Injury Rectification Plan

That the Western Downs Regional Council Saleyards Advisory Committee receive and note the Work Health & Safety Rectification Action Plan.

d. Cross Loading

That the Western Downs Regional Council Saleyards Advisory Committee investigate Council's exposure to risk of liability of cross loading at the Dalby Regional Saleyards.

e. New Appointment ALMA Executive Officer

That the Western Downs Regional Council Saleyards Advisory Committee receive and note the correspondence from the Australian Livestock Markets Association (ALMA).


Page 21



f. Letter Requesting Consideration Assessment Improvement Ramps i. That the Western Downs Regional Council Saleyards Advisory Committee

recommend that a representative from The Livestock and Rural Transporters Association of Queensland Inc. be invited to become a member of the Western Downs Regional Council Saleyards Advisory Committee.

ii. That the Western Downs Regional Council Saleyards Advisory Committee receive

the correspondence from The Livestock and Rural Transporters Association of Queensland Inc. and a response be provided addressing their concerns in relation to the ramps at the Dalby Regional Saleyards.

g. Draft Dalby Regional Saleyards @ Western Downs Marketing Strategy

That the Western Downs Regional Council Saleyards Advisory Committee receive and note the presentation by Megan James for a Dalby Regional Saleyards @ Western Downs Marketing Strategy.

h. Saleyards Operations and Financial Report That the Western Downs Regional Council Saleyards Advisory Committee receive and note the Saleyards Financial and Operations Report. Further, that the Western Downs Regional Saleyards Advisory Committee recommend that the Saleyards Coordinator and staff be congratulated for the 2014/2015 operational result.

i. Saleyards Coordinator's Report That the Western Downs Regional Council Saleyards Advisory Committee receive and note the Saleyards Coordinator's Report.

j. European Union Cattle Accreditation Scheme (EUCAS) Report

That the Western Downs Regional Council Saleyards Advisory Committee receive and note the European Union Cattle Accreditation Scheme Report.

k. Australian Livestock Markets Association (ALMA) Conference

That the Western Downs Regional Council Saleyards Advisory Committee recommends the attendance of Cr. A.N. Smith, Cr G.M. Olm and Cr. R.B. Jamieson at the ALMA Conference to be held 22 - 24 September 2015 in Sydney.

l. Correspondence from Santa Gertrudis Breeders (Australia) Association

That the Western Downs Regional Council Saleyards Advisory Committee support, in principle, the proposal for a Multivendor Santa Gertrudis Sale at the Dalby Regional Saleyards.

CARRIED

ABSENT. DID NOT VOTE - Cr. C.T. Tillman


Page 22

MINUTE ITEMS FOR DECISION

ORD.EXS/9.1 EXECUTIVE SERVICES REPORTS

Nil.


Nil.


Page 23

MINUTE ITEMS FOR DECISION

ORD.IS/9.3 INFRASTRUCTURE SERVICES REPORTS

ORD.IS/9.3.1 (030.2014.238.001) Infrastructure Services Report Development Application Material Change Use Storage Facility [(Heavy Vehicle Depot) Ancillary Service Station (Unmanned Fuel Facility) Ancillary Truck Wash] Lot 25 C4416 18 Blyth Street Condamine Weaver

To R.A. Musgrove, CHIEF EXECUTIVE OFFICER File No A20055, LG7.6.1 & AD6.6.2, Doc. No. 030.2014.238.001 Date 7 August 2015 Authored by D. Bradley, PLANNING OFFICER DEVELOPMENT ASSESSMENT Responsible Manager D. Sabiston, PLANNING MANAGER Responsible General Manager G.K. Cook, INFRASTRUCTURE SERVICES GENERAL MANAGER

Summary/Purpose

The purpose of this Report is for Council to consider the proposed development, the Officer's assessment of the merits of the proposal and the recommendation to decide the development application.

DEVELOPMENT APPLICATION: IMPACT ASSESSMENT

Application No: 030.2014.238.001 Applicant: Martin Building Design Owner: Ms Robyn Weaver Site Address: 18 Blyth Street, Condamine Real Property Description: Lot 25 on C4416 Zone: Small Town Precinct: N/A Proposal: Material Change of Use to establish a Storage Facility [(Heavy

Vehicle Depot) Ancillary Service Station (Unmanned Fuel Facility - Diesel Only) and Ancillary Truck Wash]

Area of Land: 59, 690m² Submissions: Four (4)



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MINUTE ITEMS FOR DECISION ORD.IS/9.3 INFRASTRUCTURE SERVICES REPORTS ORD.IS/9.3.1 (030.2014.238.001) Infrastructure Services Report Development

Application Material Change Use Storage Facility [(Heavy Vehicle Depot) Ancillary Service Station (Unmanned Fuel Facility) Ancillary Truck Wash] Lot 25 C4416 18 Blyth Street Condami …(Cont’d)


That this Report be received and that: 1. The applicant be advised that the application seeking a development approval for a Material Change

of Use to establish a Storage Facility [(Heavy Vehicle Depot) Ancillary Service Station (Unmanned Fuel Facility - Diesel Only) and Ancillary Truck Wash] on land described as Lot 25 on C4416, situated at 18 Blyth Street, Condamine, is approved, subject to the following conditions:

GENERAL

1.0 REVISED PLAN

1.1 Prior to commencement of the development, provide revised plans of the development for Council's review and endorsement. The revised plans shall be generally in accordance with the plans submitted in support of the development application as per the below:

Drawing No: 00011/12, Issue 1, sheet 5 of 5 Description: Use Area Plan, prepared by Martin Building Design, Dated

08/04/2015 Drawing No: 00011/12, Issue 1, sheet 2 of 5 Description: Proposed Site Plan, prepared by Martin Building Design, Dated

06/04/2015

1.2 The amendment to the plans is to include the following:

the location of car parking facilities on the property in accordance with Condition 29.0 of this approval; and

removal of the 1 metre earth mound illustrated within the original plan.

Timing: Prior to the issue of a Development Permit for Building Works.

2.0 ADDITIONAL PLANS

2.1 Prior to commencement of the development, provide additional plans of the development for Council's review and endorsement. The revised plans shall:

illustrate the floor plans and elevation for the Ancillary Truck Wash;

illustrate the floor plans and elevations for the Ancillary Service Station (Unmanned Fuel Facility - Diesel Only); and

be at an appropriate scale (1:100, 1:200, 1:500), on an A3 format and in the form of a black line drawing on white paper.



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3.0 APPROVED PLANS 3.1 The development shall be carried out generally in accordance with the Approved

Plans listed below, subject to and modified by the conditions of this approval: Drawing No: 00011/12, Issue 1, sheet 3 of 5 Description: Locality Plan, prepared by Martin Building Design, Dated

06/04/2015 Drawing No: 00011/12, Issue 1, sheet 1 of 5 Description: Existing Site Plan, prepared by Martin Building Design Pty Ltd,

Dated 06/04/2015 Drawing No: 00011/12, Issue 1, sheet 4 of 5 Description: Turning Paths - Road Train, prepared by Martin Building Design,

Dated 06/04/2015

4.0 APPROVED DEVELOPMENT

4.1 The approved development is Material Change of Use for a Storage Facility [(Heavy Vehicle Depot) Ancillary Service Station (Unmanned Fuel Facility - Diesel Only) and Ancillary Truck Wash] as shown on the Approved Plans.

Note: The development footprint within Lot 25 on C4416 is to be confined to the area

illustrated within the Use Area Plan (as shaded yellow) subject to any amendments required within Condition 1.0 of the development approval.

5.0 APPLICATION DOCUMENTATION

5.1 It is the developer’s responsibility to ensure all entities associated with this

Development Permit have a legible copy of the Approved Plans bearing "Council Approval" and the Decision Notice.

6.0 COMPLIANCE, TIMING AND COSTS

6.1 All conditions of the approval shall be complied with before the change occurs (prior

to commencement of the use) and while the use continues, unless otherwise noted within these conditions.

6.2 All costs associated with compliance with these conditions shall be the responsibility

of the developer unless otherwise noted.

6.3 Provide Council with a Certificate of Classification from an appropriately qualified person for the buildings in which the approved use is located. This Certificate is to include, but not be limited to, the approved Ancillary Workshop and Office that are both undertaken within existing buildings.

Timing: Prior to commencement of the use and following development.


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7.0 FEES AND CHARGES

7.1 All fees, rates, interest and other charges levied on the property, shall be paid in full, in accordance with the rate at the time of payment.

8.0 MAINTENANCE

8.1 The development (including landscaping, parking, driveways and other external spaces) shall be maintained in accordance with the Approved Plans, subject to and modified by any conditions of this approval.

9.0 NOTICE OF INTENTION TO COMMENCE USE

9.1 Prior to commencement of the use on the site, written notice must be given to Council

that the use (development and/or works) fully complies with Council's Decision Notice issued in respect of the use (please refer to the attached Notice for completion).

10.0 INFRASTRUCTURE CHARGES

Infrastructure charges are payable in conjunction with this Development Permit.

10.1 All infrastructure charges including those associated with Council's Water, Sewerage, Stormwater, Transport and Parks networks are now levied under the Sustainable Planning Act 2009 following its amendment by the Sustainable Planning (Housing Affordability and Infrastructure Charges Reform) Amendment Act 2011. As required under Section 635 of the Sustainable Planning Act 2009, a separate Infrastructure Charges Notice is attached.

Timing: Prior to commencement of the use.

PLANNING

11.0 BUILDING HEIGHT/STRUCTURES AND STORAGE AREAS

11.1 The height of buildings/structures within the development footprint must not exceed

8.5 metres above natural ground level.

12.0 LIGHTING

12.1 Direct lighting or lighting does not exceed 8.0 lux at 1.5 metres beyond the boundary of the site.

Timing: Prior to commencement of the use and following commencement of the use.

13.0 VISUAL AND GENERAL AMENITY

13.1 Any graffiti on the buildings must be immediately removed.

13.2 The buildings and the site must be maintained in a clean and tidy manner at all times.


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13.3 All plant, air-conditioning equipment and the like must be visually screened from the street.

Timing: During and following development.

14.0 REFUSE STORAGE AREAS

14.1 Refuse bin storage areas must be screened from public view. Where bin storage occurs outside a building, such storage areas shall be screened with a minimum 1.5 metre high solid screen fence or wall.

15.0 WASTE MANAGEMENT

15.1 All waste generated from construction of the premises must be effectively controlled

on-site before disposal. All waste must be disposed of in accordance with the Environmental Protection (Waste Management) Policy 2000.

15.2 All waste generated on-site must be managed in accordance with the waste

management hierarchy as detailed in the Waste Reduction and Recycling Act 2011.

16.0 LANDSCAPING – GENERAL

16.1 The developer shall submit to Council's Planning Manager or authorised delegate for endorsement, a detailed Landscape Plan for all landscaping associated with the development. The plan shall be prepared by a suitably qualified and experienced Landscape Architect, Horticulturalist, or other person experienced in landscape design and construction.

16.2 The Landscape Plan shall address the performance criteria listed below:

16.2.1 to enhance the appearance of the development internally and externally;

16.2.2 to screen the development and parked vehicles from public view and neighbouring properties; and

16.2.3 to provide adequate vehicle sight lines and road safety.

16.3 The Landscape Plan shall also detail:

16.3.1 a landscaping strip a minimum width of 10 metres shall be provided around all boundaries of the site, except for vehicle entry/exit points; this landscaping is to comprise densely planted high, low and medium profile advanced planting;

16.3.2 the typical species to be planted, consisting mainly of drought-tolerant species suitable to their individual location on-site;

16.3.3 the number and size of plants; and

16.3.4 the typical planting detail including preparation, backfill, staking and mulching.


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16.4 Landscaping is to retain existing trees where possible.

Timing: Prior to the issue of an approval for Building Work or Operational Work.

17.0 LANDSCAPING – MISCELLANEOUS 17.1 All declared weeds and pests shall be removed from the subject land and the subject

land kept clear of such nuisance varieties at all times during the course of development works and any ensuing defects liability period.

17.2 Landscaped areas shall be maintained, and the site shall remain in a clean and tidy

state at all times. 17.3 The developer shall prepare and landscape the site in accordance with the Approved

Landscape Plan, or as otherwise approved in writing by Council's Planning Manager or authorised delegate. Any amendments approved by Council's Planning Manager or authorised delegate are taken to be a part of the Approved Landscape Plan.

17.4 All landscaping shall be completed prior to commencement of the use.

18.0 FENCING

18.1 A 1.8 metre high fence (ie exclusive of the vehicle entry and exit points) is to be

erected in accordance with an arrangement approved by Council's Development Engineer.

18.2 Submit to Council for approval, details of proposed fencing arrangement with any

application for Operational Work.

18.3 Any fencing along the road frontage of the site shall ensure:

18.3.1 casual surveillance of the street is maintained;

18.3.2 vehicle sight lines are not obstructed; and

18.3.3 views of building entry and exits are not inhibited.

18.4 Any new boundary fences are not to be erected in a parallel arrangement with existing fences erected along the same boundary. That is, the existing fence shall be completely removed and replaced with the new fence.

18.5 Construct proposed perimeter fencing with provisions to allow free flow during a

Flood Event to avoid any diversion or concentration of flows to adjoining properties.

19.0 AIR

19.1 Noxious and/or offensive odours must not be emitted beyond the boundaries of the premises.


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19.2 No particulate matter or visible contaminant, including fumes and aerosols likely to cause environmental harm are to emanate beyond the boundaries of the premises.

20.0 ACOUSTIC IMPACT MITIGATION – OPERATIONS

20.1 Unless otherwise approved in writing by Council, the approved use must only operate

between the following hours:

20.1.1 Operating hours: 24 hours, 7 days a week

20.1.2 Loading and unloading are to occur between the hours:

Monday to Friday: 7:00am to 6:00pm Saturday: 7:00am to 12:00pm Sundays/Public Holidays: No deliveries are to occur and no audible

noise.

20.2. In the event that a bona fide noise complaint is received, noise monitoring must be undertaken at the nearest noise-sensitive place and an Acoustic Report is to be provided to Council within 14 days of the Operator being notified of the complaint. Monitoring must include:

LA 10, adj, 10 mins; LA 1, adj, 10 mins; the level and frequency of occurrence of impulsive or tonal noise; the atmospheric conditions including wind speed and direction; effects due to extraneous factors such as traffic noise; and location, date and time of recording.

20.3 The Acoustic Report is to be prepared by a suitably qualified person, and include

recommendations for actions to suitably respond to the complaint. Following Council's review, further actions may be implemented to respond to the complaint.

20.4 In the event that a bona fide noise complaint is received, the hours of operation for the

development will be restricted to comply with operating hours for non-residential uses specified under Acceptable Solution 3.1 Performance Criterion 3 within the Small Town Zone Code of the Planning Scheme for Murilla Shire 2006 until the recommendations maintained in the Report required by Conditions 20.2 and 20.3 are met and implemented.

Timing: Following commencement of the use and maintained for the period of the use on the

site. 21.0 NOISE EMISSIONS

21.1 Noise emissions from the development shall not cause environmental harm or

nuisance to adjoining properties or "Sensitive Land Uses" in accordance with the Environmental Protection (Noise) Policy 2008.


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21.2 In the event that a valid complaint of unreasonable noise emissions as a consequence of the operations of the approved use is received, Council reserves the right to request submission of an environmental noise level study and report that comply with Australian Standard 1055 and the Environmental Protection Agency Noise Measurement Manual and require works and/or management practices to be carried out to ensure noise emissions comply with the requirements of the Environmental Protection (Noise) Policy 2008.

ENGINEERING 22.0 ENGINEERING WORKS

22.1 Submit to Council, an Operational Work application for all works that will become

Council infrastructure and civil works including earthworks, stormwater, access and parking, signage, erosion and sediment control.

22.2 Complete all works approved and works required by conditions of this development

approval and/or any related approvals at no cost to Council, prior to commencement of the use unless stated otherwise.

22.3 Undertake Engineering designs and construction in accordance with the Planning

Scheme, Council’s Development Manual and Standard Drawings and relevant Australian Standards.

22.4 Be responsible for the full cost of any alterations necessary to electricity, telephone,

water mains, sewer mains, stormwater drainage systems or easements and/or other public utility installations resulting from the development or from road and drainage works required in connection with the development.

22.5 Submit to Council, certification from a Registered Professional Engineer of

Queensland (RPEQ-Civil) that all works authorised by this development approval and any related approval issued by Council have been designed and constructed in accordance with the requirements of the development approval:

22.5.1 submit a Design Certificate with an application for Operational Work; and

22.5.2 submit a Construction Supervision Certificate at completion of the approved works and/or prior to Council's acceptance of the works on-maintenance.

23.0 MAINTENANCE

23.1 Maintain all works that will become Council infrastructure for a period of 24 months

(maintenance period) from the date of on-maintenance. Any defective works must be rectified within the maintenance period.

23.2 Provide Council with a maintenance bond in an acceptable form equal to 5% of the

value of Council's infrastructure prior to commencement of the maintenance period.


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24.0 LOCATION, PROTECTION AND REPAIR OF DAMAGE TO COUNCIL AND PUBLIC UTILITY SERVICES INFRASTRUCTURE AND ASSETS

24.1 Be responsible for the location and protection of any Council and public utility

services infrastructure and assets that may be impacted on during construction of the development.

24.2 Repair all damages incurred to Council and public utility services infrastructure and

assets, as a result of the proposed development immediately should hazards exist for public health and safety or vehicular safety. Otherwise, repair all damages immediately upon completion of works associated with the development.

25.0 CONSTRUCTION AND NUISANCE MANAGEMENT PLAN

25.1 Submit to Council for endorsement, a Construction and Nuisance Management Plan

for approved development works for the site. The Plan is to cover where applicable, the following:

air quality management;

noise and vibration management;

storm water quality management;

erosion and sediment management;

waste management;

complaint management;

community awareness;

preparation of site work plans;

workers’ car parking arrangements; and

traffic control during works.

Timing: Prior to commencement of works.

25.2 Implement the approved Construction Management Plan at all times during construction of the development.

25.3 Ensure a legible copy of the approved Construction Management Plan is available

on-site at all times during construction and earthworks.

26.0 STORMWATER MANAGEMENT

26.1 Submit to Council, an amended Site Based Stormwater Management Plan for endorsement prior to obtaining approval for Operational Work. The amended Site Based Stormwater Management Plan shall address the below:


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26.2 Design and construct stormwater drainage to ensure that the development will achieve "no worsening" as described in the Queensland Urban Drainage Manual (QUDM). Do not make material changes to the pre-development overland flows or concentrate the stormwater flow at the point of discharge to all downstream properties including road reserves and the like for design storms of Q2, Q5, Q10, Q20 and Q50.

26.3 Provide overland flow paths that do not alter the characteristics of existing overland

flows on other properties or that create an increase in flood damage on other properties.

26.4 Design and construct stormwater drainage incorporating measures to prevent any

solid matter or floatable oils being carried into the existing stormwater system or any neighbouring properties.

26.5 Stormwater from sealed areas and overflow pipes from stormwater detention

structures and/or tanks installed for the stormwater system is required to be discharged to a lawful point of discharge without causing any drainage nuisance to neighbouring properties.

26.6 Design and construct all internal stormwater drainage works to comply with the

relevant Section/s of AS/NZS 3500.3.2.

26.7 Ensure that adjoining properties and roadways are protected from ponding or nuisance from stormwater as a result of any site works undertaken as part of the proposed development.

26.8 Discharge all minor storm flows that fall or pass onto the site to the lawful point of

discharge in accordance with the QUDM. 26.9 Submit to Council, written consent for a lawful point of stormwater discharge from the

owners of land affected by any stormwater discharge from the development prior to Operational Work approval.

27.0 WATER SUPPLY (NO - CONNECTION)

27.1 The approved development is not to be connected to Council’s reticulated water

supply system.

28.0 TRADE WASTE DISPOSAL (ANCILLIARY WASH DOWN BAY)

28.1 The Wash Down Bay is only to be used as an ancillary use for the approved Storage Facility. No trucks, vehicles or machinery not associated with the approved Storage Facility are to utilise the Wash Down Bay.


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28.2 The following are not to be cleaned within the Wash Down Bay:

28.2.1 trucks carrying livestock;

28.2.2 the interior of any tankers carrying any regulated waste; or

28.2.3 vehicles requiring cleaning for weed and seed not associated with the Storage Facility use. There is to be no commercial weed and seed cleaning operations conducted on the premises.

28.3 Submit to Council for endorsement by Council's Planning Manager or authorised

delegate, the proposed treatment and collection process and any proposed re-use of the waste water from the ancillary Wash Down Bay.

28.4 The waste generated from the proposed development (ancillary Service Station or

ancillary Wash Down Bay) is to be collected, treated and removed to a suitable location by a suitably qualified person. A Plumbing Approval must be obtained from Council and the relevant inspections undertaken.

28.5 Contaminants or contaminated water must not be directly or indirectly released from

the premises or to the ground or groundwater at the premises except for:

28.5.1 uncontaminated overland stormwater flow;

28.5.2 uncontaminated stormwater to the stormwater system;

28.5.3 other water following treatment through an oil/silt interceptor trap or separator.

28.6 Releases to water must not cause any visible oil slick or other visible evidence of oil

or grease, nor contain visible grease, scum, litter or floating oil.

28.7 The business must ensure that:

28.7.1 maintenance and cleaning of equipment (including vehicles and plant) are carried out in wash down bays, or an area where contaminants cannot be released into stormwater drainage, a roadside gutter, a water course or onto unsealed ground;

28.7.2 any spillage of contaminants is cleaned up immediately by a method other than hosing, sweeping or otherwise releasing the contaminants into stormwater drainage, a roadside gutter or a water course; and

28.7.3 incidental rainfall and overland flow of stormwater do not contact contaminants (for example, areas with contaminants should be roofed or be protected by diversion drains).

28.8 Spillage of all chemicals and other liquid contaminants must be contained within an

on-site containment system and controlled in a manner that prevents environmental harm.


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28.9 Where regulated waste is removed from the premises, records must be kept of the following:

28.9.1 the date, quantity and type of waste removed;

28.9.2 the name of the waste transporter and/or disposal operator who removed the waste; and

28.9.3 the intended treatment/disposal destination of the waste.

Timing: Prior to the commencement of use and at all-time thereafter.

29.0 PARKING AND ACCESS - GENERAL 29.1 Design all access driveways, circulation driveways, parking aisles and car parking

spaces in accordance with Australian Standard 2890.1 - Parking Facilities - Off Street Car Parking.

29.2 Design and construct access driveway, heavy vehicle manoeuvring and parking

areas within the area marked as "Truck Stop" in approved plans of development with concrete, asphalt or a two-coat bitumen seal and the balance area with a dust suppressive seal.

29.3 Design and construct areas marked as "Storage Yard" within the approved plans of

development with an environmentally sensitive proprietary dust suppressant.

29.4 In the event that a valid complaint in regard to dust is received, Council reserves the right to request submission of a Site Based Management Plan that addresses such complaints, and may require that dust be controlled in accordance with the recommendations of the Site Based Management Plan.

29.5 Provide a minimum of 2 car parking spaces.

29.6 Provide vehicle bollards or tyre stops to control vehicular access and to protect

landscaping or pedestrian areas where appropriate. 29.7 Line mark or otherwise delineate the car park aisles and driveways within the

development with directional arrows on the pavement to enable all vehicles to enter and leave the site in a forward gear.

29.8 Ensure access to car parking spaces, vehicle loading and manoeuvring areas and

driveways remain unobstructed and available for their intended purpose during the hours of operation.

29.9 Provide longitudinal gradient and crossfall for all driveways to comply with the

requirements of AS2890.1.


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29.10 Ensure loading and unloading operations are conducted wholly within the site and vehicles enter and exit the site in a forward direction.

Timing: During construction phase and the use of the development.

30.0 VEHICLE ACCESS

30.1 Construct a commercial crossover between the property boundary and the edge of

the Blyth Street pavement generally in accordance with Council's Standard Drawing No. R-006. Ensure that crossover splay is designed to accommodate turning movements of a B-double.

30.2 Construct any new crossovers such that the edge of the crossover is no closer than 1

metre to any existing or proposed infrastructure, including any stormwater gully pit, manhole, service infrastructure (e.g. power pole, telecommunications pit), road infrastructure (e.g. street sign, street tree, etc.).

30.3 Permitted access route (Council Roads) for all heavy vehicles for the development is

south from the entrance of Lot 25 on C4416 along Blyth Street to the intersection of Blyth Street and Kogan-Condamine Road.

30.4 No access is permitted from the property to any other street/road adjoining the

property other than the proposed commercial crossover to Blyth Street as per Condition 30.1.


31.0 B-DOUBLE ROUTE

31.1 The section of Blyth Street between Kogan-Condamine Road and the site entrance to

the property is not currently an approved B-Double Route. Obtain an approval for the route to be used by multi-combination vehicles from the National Heavy Vehicle Regulator prior to allowing access to Multi-Combination vehicles via above road section. Please refer to the following link for more information: https://www.nhvr.gov.au/road-access/access-management/applications-and-forms

32.0 ROADWORKS - ROAD WIDENING

32.1 Design and construct roadworks from the Kogan-Condamine Road intersection to the

southern boundary of Lot 80 on C4416 along Blyth Street to Urban Collector standard and to relevant Austroads' Standards, Council's Standards, EDROC Guidelines and Council’s Planning Scheme and except as altered by approval conditions:

32.1.1 1 (one) metre widening on both eastern and western sides from the edge of the existing bitumen pavement to provide a two-coat bitumen seal that neatly matches the existing pavement and provide a minimum sealed carriageway width of 8 metres;

https://www.nhvr.gov.au/road-access/access-management/applications-and-forms


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32.1.2 formation or reshaping of the table drain to ensure free flow of stormwater as applicable; and

32.1.3 tapers to the existing road pavement.


33.0 ROADWORKS - SIGNAGE 33.1 Install at an appropriate location on Blyth Street, at Blyth Street and Kogan-

Condamine Road intersection, R1-2 "Give Way" signage as specified in the Manual of Uniform Traffic Control Devices – Part 13: Local Area Traffic Management, and provide line marking.

33.2 Install 1 (one) R2-14(L) with a sign board stating "all heavy vehicles" Regulatory Sign

within the property, erected 1 (one) metre offset from the driveway facing exiting traffic, in accordance with the Manual of Uniform Traffic Control Devices (MUTCD).

34.0 ROADWORKS AND PEDESTRIAN SAFETY

34.1 Install signage for all works on or near roadways in accordance with the MUTCD – Part 3, Works on Roads.

34.2 Submit to Council, an application for any road or lane closures, and ensure all conditions of that approval are complied with during construction of the works.

35.0 ELECTRICITY AND TELECOMMUNICATION

35.1 Connect the development to electricity and telecommunication services.

36.0 EARTHWORKS - GENERAL

36.1 Earthworks per site involving cut or fill greater than 1 metre in height and quantity of material greater than 50m3, or earthworks involving cut or fill less than 1 metre in height and quantity of material greater than 100m³ requires an Operational Work application.

36.2 Undertake earthworks in accordance with the provisions of AS3798 Guidelines on

Earthworks for Commercial and Residential Developments. 36.3 Remove the proposed earth bund to allow free conveyance of flows during a flood

event.

37.0 EARTHWORKS - RETAINING STRUCTURES AND BATTERS

37.1 Ensure earthworks batters designs do not adversely affect adjoining properties or services within the vicinity.


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37.2 Ensure batters do not exceed a maximum slope of 25% (1 in 4). 37.3 Contain any batters wholly within the proposed development site. Fill cannot be

placed on adjacent properties without providing Council with written permission from the respective property owner(s).

38.0 EROSION AND SEDIMENT CONTROL - GENERAL

38.1 Submit to Council, an Erosion and Sediment Control Plan for internal and external

works, certified by a Registered Professional Engineer Queensland – Civil or Certified Professional in Erosion and Sediment Control, for approval with any application for Operational Work.

38.2 Undertake an Erosion and Sediment Control Program including, but not limited to the

following:

38.2.1 construction of sediment fences, earth berms, temporary drainage, temporary sediment basins and stormwater filtering devices designed to prevent sediment or sediment laden water from being transported to adjoining properties, roads and/or stormwater drainage systems;

38.2.2 measures to prevent site vehicles tracking sediment and other pollutants onto adjoining streets during the construction period;

38.2.3 identification of areas to be utilised on the site for stockpiling of materials capable of being moved by the action of wind or running water; the materials shall be stored clear of drainage paths, and appropriate measures implemented to prevent the entry of such materials into either the road or drainage system;

38.2.4 inspection regime of sediment and erosion controls; and

38.2.5 response times to events where controls have been damaged or are inadequate, and erosion or the release of sediment or sediment laden stormwater has occurred from the site or associated works.

38.3 Implement the approved Erosion and Sediment Control Plan and modify as

necessary, to maintain compliance with this approval. 38.4 Undertake works to reinstate or clean up the road and/or drainage system

damaged/blocked as a result of erosion and/or sedimentation from the site, at no cost to Council. Undertake such works immediately where there is a potential hazard to pedestrians and/or passing traffic.

Timing: During construction and on-maintenance period and the establishment period of the

landscaping or areas disturbed during construction.


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39.0 ENVIRONMENTAL HEALTH 39.1 Undertake operations and construction work associated with this development to the

requirements of Council, including the following:

39.1.1 do not cause nuisance to adjoining residents by the way of smoke, dust, stormwater discharge or siltation of drains, at any time, including non-working hours;

39.1.2 remove immediately, any material spilled or carried onto existing roads to avoid dust nuisance and ensure traffic safety; and

39.1.3 do not carry out works on Sundays or Public Holidays (unless approved otherwise by Council).


landscaping or areas disturbed during construction. 39.2 Do not release contaminants or contaminated water directly or indirectly from the land

subject to this approval, or to the ground or groundwater at the land subject to this approval, except for:

39.2.1 uncontaminated overland stormwater flow; and

39.2.2 uncontaminated stormwater to the stormwater system.

Timing: Prior to commencement of any works on-site, during works on-site and maintained for the period of the use of the development site

40.0 FLOODING - GENERAL

40.1 Buildings and structures associated with the ancillary Service Station and ancillary

Wash Down Bay (especially the storage of hazardous chemicals and all control panels of critical services) are to be built at a minimum 300mm above the flood level for a flood event with a 1% Annual Exceedance Probability at the time of construction.

Timing: Prior to commencement of the use and at all times thereafter.

Note: Council can be contacted to supply the developer with the flood level prior to

construction of the ancillary Wash Down Bay or ancillary Service Station. 2. The applicant be advised that the Concurrence Agency response from the State Assessment and

Referral Agency is attached.

3. The applicant be further advised that:

(a) Prior to works commencing on-site, separate applications for Development Permit for Building Work and Plumbing or Drainage Works will be required to be approved. A development permit for Operational Work may be required where greater than 50m3 of fill or excavation is proposed on the site.


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(b) Prior to commencement of the use, the applicant shall contact Council’s Compliance Senior Officer to arrange a Development Compliance Inspection.

(c) Based on the nature and scale of the proposal (storage of diesel fuel), it is advised that you

contact Work Health and Safety Queensland (Telephone: 1300 362 128) to ensure that the storage of diesel fuel is compliant with the requirements of the Work Health and Safety Act 2011 and supporting Regulations.

(d) The applicant must ensure compliance with environmental conditions whether required to

hold an Environmental Authority or not. These include, but are not limited to water quality, air quality, noise levels, waste waters, lighting and visual quality as a result of any activity or by-product or storage of materials within the confines of the building(s) and property boundaries.

Any amendment, alteration or addition to the development approval will require further consideration by Council in assessing any changes to the environmental conditions.

(e) The Aboriginal Cultural Heritage Act 2003 (ACHA) is administered by the Department of Aboriginal and Torres Strait Islander Partnerships (DATSIP). The ACHA establishes a duty of care to take all reasonable and practicable measures to ensure any activity does not harm Aboriginal cultural heritage. This duty of care:

(i) is not negated by the issuing of this development approval;

(ii) applies on all land and water, including freehold land;

(iii) lies with the person or entity conducting an activity; and

(iv) if breached, is subject to criminal offence penalties.

Those proposing an activity involving surface disturbance beyond that which has already occurred at the proposed site must observe this duty of care. Details of how to fulfil this duty of care are outlined in the duty of care guidelines gazetted with the ACHA. The applicant should contact DATSIP’s Cultural Heritage Co-ordination Unit on telephone (07) 3224 2070 for further information on the responsibilities of developers under the ACHA.

(f) The relevant period for the development approval (Material Change of Use) shall be four (4)

years starting the day the approval is granted or takes effect. In accordance with Section 341(1) of the Sustainable Planning Act 2009 (SPA), the development approval for a Material Change of Use lapses if the first change of use under the approval does not happen within the abovementioned relevant period. However, if there are one or more related approvals for the development approval for a Material Change of Use, the relevant period is taken to have started on the day the latest related approval takes effect. (Please refer to Section 341(7) of SPA for the meaning of related approval).

An applicant may request Council to extend the relevant period provided that such request is made in accordance with Section 383 of SPA and before the development approval lapses under Section 341 of SPA.

(g) Council is to be indemnified against any claims arising from works carried out by the applicant

on Council’s property.

https://www.legislation.qld.gov.au/LEGISLTN/CURRENT/W/WorkHSR11.pdf



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(h) An applicant has the opportunity to make representations regarding conditions or other matters in the development approval within 20 business days of receiving the Decision Notice in accordance with Section 361 of SPA. The applicant’s appeal period may also be suspended in accordance with Section 366 of SPA, to allow further time for consideration of matters contained in the development approval. In the case of refusal, an applicant does not have the opportunity to extend the appeal period.

(i) An applicant has the opportunity to appeal against Council’s decision in accordance with the

relevant section of the Sustainable Planning Act 2009 which states:

"461 Appeals by Applicants, (1) An applicant for a development application may appeal to the court against any of the

following—

(a) the refusal, or the refusal in part, of a development application; (b) any condition of a development approval, another matter stated in a development

approval and the identification or inclusion of a code under Section 242; (c) the decision to give a preliminary approval when a development permit was

applied for; (d) the length of a period mentioned in Section 341; (e) a deemed refusal of the development application.

(2) An appeal under Subsection (1)(a), (b), (c) or (d) must be started within 20 business

days (the applicant’s appeal period) after –

(a) if a Decision Notice or Negotiated Decision Notice is given – the day the Decision Notice or Negotiated Decision Notice is given to the applicant; or

(b) otherwise – the day a Decision Notice was required to be given to the applicant. (3) An appeal under Subsection (1)(e) may be started at any time after the last day a

decision on the matter should have been made." (j) It should be noted that Council resolved not to accept security in lieu of completion of works,

except in the following circumstances: (a) where it is Council’s opinion that necessary works would result in the provision of

sub-standard services for future development and the work is not critical to the development, or

(b) where it is Council’s opinion the work is very minor, not critical to the development,

and, the timing for the completion of that work is an unreasonable impost on the developer.

In both cases, the acceptance of security in lieu of works is at Council’s discretion.

(k) The relevant Planning Scheme for this Development Permit is the Planning Scheme for

Murilla Shire 2006. All references to the Planning Scheme and Schedules within these conditions refer to the above Planning Scheme.


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Justification Nil Link to Corporate Plan Strategic Theme 6: Balanced Growth A balanced and responsible approach to the continued growth of our region will promote sustainable development that enhances the liveability of our communities and the prosperity of our diverse businesses and industries. Cr. C.T. Tillman returned from temporary absence at 09:54 AM.

COUNCIL RESOLUTION

MOVED by Cr. R.B. Jamieson and seconded by Cr. A.N. Smith That this Report be received and that: 1. The applicant be advised that the application seeking a development approval for a Material Change

of Use to establish a Storage Facility [(Heavy Vehicle Depot) Ancillary Service Station (Unmanned Fuel Facility - Diesel Only) and Ancillary Truck Wash] on land described as Lot 25 on C4416, situated at 18 Blyth Street, Condamine, is approved, subject to the following conditions:

GENERAL

1.0 REVISED PLAN

1.1 Prior to commencement of the development, provide revised plans of the development for Council's review and endorsement. The revised plans shall be generally in accordance with the plans submitted in support of the development application as per the below:

Drawing No: 00011/12, Issue 1, sheet 5 of 5 Description: Use Area Plan, prepared by Martin Building Design, Dated

08/04/2015 Drawing No: 00011/12, Issue 1, sheet 2 of 5 Description: Proposed Site Plan, prepared by Martin Building Design, Dated

06/04/2015


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1.2 The amendment to the plans is to include the following:

the location of car parking facilities on the property in accordance with Condition 29.0 of this approval; and

removal of the 1 metre earth mound illustrated within the original plan.


2.0 ADDITIONAL PLANS

2.1 Prior to commencement of the development, provide additional plans of the development for Council's review and endorsement. The revised plans shall:

illustrate the floor plans and elevation for the Ancillary Truck Wash;

illustrate the floor plans and elevations for the Ancillary Service Station (Unmanned Fuel Facility - Diesel Only); and

be at an appropriate scale (1:100, 1:200, 1:500), on an A3 format and in the form of a black line drawing on white paper.


3.0 APPROVED PLANS

3.1 The development shall be carried out generally in accordance with the Approved

Plans listed below, subject to and modified by the conditions of this approval: Drawing No: 00011/12, Issue 1, sheet 3 of 5 Description: Locality Plan, prepared by Martin Building Design, Dated

06/04/2015 Drawing No: 00011/12, Issue 1, sheet 1 of 5 Description: Existing Site Plan, prepared by Martin Building Design Pty Ltd,

Dated 06/04/2015 Drawing No: 00011/12, Issue 1, sheet 4 of 5 Description: Turning Paths - Road Train, prepared by Martin Building Design,

Dated 06/04/2015

4.0 APPROVED DEVELOPMENT

4.1 The approved development is Material Change of Use for a Storage Facility [(Heavy Vehicle Depot) Ancillary Service Station (Unmanned Fuel Facility - Diesel Only) and Ancillary Truck Wash] as shown on the Approved Plans.

Note: The development footprint within Lot 25 on C4416 is to be confined to the area

illustrated within the Use Area Plan (as shaded yellow) subject to any amendments required within Condition 1.0 of the development approval.


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5.0 APPLICATION DOCUMENTATION

5.1 It is the developer’s responsibility to ensure all entities associated with this Development Permit have a legible copy of the Approved Plans bearing "Council Approval" and the Decision Notice.

6.0 COMPLIANCE, TIMING AND COSTS

6.1 All conditions of the approval shall be complied with before the change occurs (prior

to commencement of the use) and while the use continues, unless otherwise noted within these conditions.

6.2 All costs associated with compliance with these conditions shall be the responsibility

of the developer unless otherwise noted.

6.3 Provide Council with a Certificate of Classification from an appropriately qualified person for the buildings in which the approved use is located. This Certificate is to include, but not be limited to, the approved Ancillary Workshop and Office that are both undertaken within existing buildings.

Timing: Prior to commencement of the use and following development.

7.0 FEES AND CHARGES

7.1 All fees, rates, interest and other charges levied on the property, shall be paid in full,

in accordance with the rate at the time of payment.

8.0 MAINTENANCE

8.1 The development (including landscaping, parking, driveways and other external spaces) shall be maintained in accordance with the Approved Plans, subject to and modified by any conditions of this approval.

9.0 NOTICE OF INTENTION TO COMMENCE USE

9.1 Prior to commencement of the use on the site, written notice must be given to Council

that the use (development and/or works) fully complies with Council's Decision Notice issued in respect of the use (please refer to the attached Notice for completion).


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10.0 INFRASTRUCTURE CHARGES

Infrastructure charges are payable in conjunction with this Development Permit.

10.1 All infrastructure charges including those associated with Council's Water, Sewerage, Stormwater, Transport and Parks networks are now levied under the Sustainable Planning Act 2009 following its amendment by the Sustainable Planning (Housing Affordability and Infrastructure Charges Reform) Amendment Act 2011. As required under Section 635 of the Sustainable Planning Act 2009, a separate Infrastructure Charges Notice is attached.


PLANNING

11.0 BUILDING HEIGHT/STRUCTURES AND STORAGE AREAS

11.1 The height of buildings/structures within the development footprint must not exceed

8.5 metres above natural ground level.

12.0 LIGHTING

12.1 Direct lighting or lighting does not exceed 8.0 lux at 1.5 metres beyond the boundary of the site.

Timing: Prior to commencement of the use and following commencement of the use.

13.0 VISUAL AND GENERAL AMENITY

13.1 Any graffiti on the buildings must be immediately removed.

13.2 The buildings and the site must be maintained in a clean and tidy manner at all times.

13.3 All plant, air-conditioning equipment and the like must be visually screened from the street.

Timing: During and following development.

14.0 REFUSE STORAGE AREAS

14.1 Refuse bin storage areas must be screened from public view. Where bin storage occurs outside a building, such storage areas shall be screened with a minimum 1.5 metre high solid screen fence or wall.

15.0 WASTE MANAGEMENT

15.1 All waste generated from construction of the premises must be effectively controlled

on-site before disposal. All waste must be disposed of in accordance with the Environmental Protection (Waste Management) Policy 2000.


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15.2 All waste generated on-site must be managed in accordance with the waste management hierarchy as detailed in the Waste Reduction and Recycling Act 2011.

16.0 LANDSCAPING – GENERAL

16.1 The developer shall submit to Council's Planning Manager or authorised delegate for

endorsement, a detailed Landscape Plan for all landscaping associated with the development. The plan shall be prepared by a suitably qualified and experienced Landscape Architect, Horticulturalist, or other person experienced in landscape design and construction.

16.2 The Landscape Plan shall address the performance criteria listed below:

16.2.1 to enhance the appearance of the development internally and externally;

16.2.2 to screen the development and parked vehicles from public view and neighbouring properties; and

16.2.3 to provide adequate vehicle sight lines and road safety.

16.3 The Landscape Plan shall also detail:

16.3.1 a landscaping strip a minimum width of 10 metres shall be provided around all boundaries of the site, except for vehicle entry/exit points; this landscaping is to comprise densely planted high, low and medium profile advanced planting;

16.3.2 the typical species to be planted, consisting mainly of drought-tolerant species suitable to their individual location on-site;

16.3.3 the number and size of plants; and

16.3.4 the typical planting detail including preparation, backfill, staking and mulching. 16.4 Landscaping is to retain existing trees where possible.

Timing: Prior to the issue of an approval for Building Work or Operational Work.

17.0 LANDSCAPING – MISCELLANEOUS

17.1 All declared weeds and pests shall be removed from the subject land and the subject

land kept clear of such nuisance varieties at all times during the course of development works and any ensuing defects liability period.

17.2 Landscaped areas shall be maintained, and the site shall remain in a clean and tidy

state at all times. 17.3 The developer shall prepare and landscape the site in accordance with the Approved

Landscape Plan, or as otherwise approved in writing by Council's Planning Manager or authorised delegate. Any amendments approved by Council's Planning Manager or authorised delegate are taken to be a part of the Approved Landscape Plan.


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17.4 All landscaping shall be completed prior to commencement of the use.

18.0 FENCING

18.1 A 1.8 metre high fence (ie exclusive of the vehicle entry and exit points) is to be erected in accordance with an arrangement approved by Council's Development Engineer.

18.2 Submit to Council for approval, details of proposed fencing arrangement with any

application for Operational Work.

18.3 Any fencing along the road frontage of the site shall ensure:

18.3.1 casual surveillance of the street is maintained;

18.3.2 vehicle sight lines are not obstructed; and

18.3.3 views of building entry and exits are not inhibited.

18.4 Any new boundary fences are not to be erected in a parallel arrangement with existing fences erected along the same boundary. That is, the existing fence shall be completely removed and replaced with the new fence.

18.5 Construct proposed perimeter fencing with provisions to allow free flow during a

Flood Event to avoid any diversion or concentration of flows to adjoining properties.

19.0 AIR

19.1 Noxious and/or offensive odours must not be emitted beyond the boundaries of the premises.

19.2 No particulate matter or visible contaminant, including fumes and aerosols likely to

cause environmental harm are to emanate beyond the boundaries of the premises.

20.0 ACOUSTIC IMPACT MITIGATION – OPERATIONS

20.1 Unless otherwise approved in writing by Council, the approved use must only operate between the following hours:

20.1.1 Operating hours:

Monday to Sunday: 7:00am to 6:00pm

20.1.2 Loading and unloading are to occur between the hours:

Monday to Friday: 7:00am to 6:00pm Saturday: 7:00am to 12:00pm Sundays/Public Holidays: No deliveries are to occur and no audible

noise.


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20.2. In the event that a bona fide noise complaint is received, noise monitoring must be undertaken at the nearest noise-sensitive place and an Acoustic Report is to be provided to Council within 14 days of the Operator being notified of the complaint. Monitoring must include:

LA 10, adj, 10 mins; LA 1, adj, 10 mins; the level and frequency of occurrence of impulsive or tonal noise; the atmospheric conditions including wind speed and direction; effects due to extraneous factors such as traffic noise; and location, date and time of recording.

20.3 The Acoustic Report is to be prepared by a suitably qualified person, and include

recommendations for actions to suitably respond to the complaint. Following Council's review, further actions may be implemented to respond to the complaint.

20.4 In the event that a bona fide noise complaint is received, the hours of operation for the

development will be restricted to comply with operating hours for non-residential uses specified under Acceptable Solution 3.1 Performance Criterion 3 within the Small Town Zone Code of the Planning Scheme for Murilla Shire 2006 until the recommendations maintained in the Report required by Conditions 20.2 and 20.3 are met and implemented.

Timing: Following commencement of the use and maintained for the period of the use on the

site. 21.0 NOISE EMISSIONS

21.1 Noise emissions from the development shall not cause environmental harm or

nuisance to adjoining properties or "Sensitive Land Uses" in accordance with the Environmental Protection (Noise) Policy 2008.

21.2 In the event that a valid complaint of unreasonable noise emissions as a

consequence of the operations of the approved use is received, Council reserves the right to request submission of an environmental noise level study and report that comply with Australian Standard 1055 and the Environmental Protection Agency Noise Measurement Manual and require works and/or management practices to be carried out to ensure noise emissions comply with the requirements of the Environmental Protection (Noise) Policy 2008.

ENGINEERING 22.0 ENGINEERING WORKS

22.1 Submit to Council, an Operational Work application for all works that will become

Council infrastructure and civil works including earthworks, stormwater, access and parking, signage, erosion and sediment control.


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22.2 Complete all works approved and works required by conditions of this development approval and/or any related approvals at no cost to Council, prior to commencement of the use unless stated otherwise.

22.3 Undertake Engineering designs and construction in accordance with the Planning

Scheme, Council’s Development Manual and Standard Drawings and relevant Australian Standards.

22.4 Be responsible for the full cost of any alterations necessary to electricity, telephone,

water mains, sewer mains, stormwater drainage systems or easements and/or other public utility installations resulting from the development or from road and drainage works required in connection with the development.

22.5 Submit to Council, certification from a Registered Professional Engineer of

Queensland (RPEQ-Civil) that all works authorised by this development approval and any related approval issued by Council have been designed and constructed in accordance with the requirements of the development approval:

22.5.1 submit a Design Certificate with an application for Operational Work; and

22.5.2 submit a Construction Supervision Certificate at completion of the approved works and/or prior to Council's acceptance of the works on-maintenance.

23.0 MAINTENANCE

23.1 Maintain all works that will become Council infrastructure for a period of 24 months

(maintenance period) from the date of on-maintenance. Any defective works must be rectified within the maintenance period.

23.2 Provide Council with a maintenance bond in an acceptable form equal to 5% of the

value of Council's infrastructure prior to commencement of the maintenance period.

24.0 LOCATION, PROTECTION AND REPAIR OF DAMAGE TO COUNCIL AND PUBLIC UTILITY SERVICES INFRASTRUCTURE AND ASSETS

24.1 Be responsible for the location and protection of any Council and public utility

services infrastructure and assets that may be impacted on during construction of the development.

24.2 Repair all damages incurred to Council and public utility services infrastructure and

assets, as a result of the proposed development immediately should hazards exist for public health and safety or vehicular safety. Otherwise, repair all damages immediately upon completion of works associated with the development.


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25.0 CONSTRUCTION AND NUISANCE MANAGEMENT PLAN

25.1 Submit to Council for endorsement, a Construction and Nuisance Management Plan for approved development works for the site. The Plan is to cover where applicable, the following:

air quality management;

noise and vibration management;

storm water quality management;

erosion and sediment management;

waste management;

complaint management;

community awareness;

preparation of site work plans;

workers’ car parking arrangements; and

traffic control during works.

Timing: Prior to commencement of works.

25.2 Implement the approved Construction Management Plan at all times during construction of the development.

25.3 Ensure a legible copy of the approved Construction Management Plan is available

on-site at all times during construction and earthworks.

26.0 STORMWATER MANAGEMENT

26.1 Submit to Council, an amended Site Based Stormwater Management Plan for endorsement prior to obtaining approval for Operational Work. The amended Site Based Stormwater Management Plan shall address the below:

26.2 Design and construct stormwater drainage to ensure that the development will

achieve "no worsening" as described in the Queensland Urban Drainage Manual (QUDM). Do not make material changes to the pre-development overland flows or concentrate the stormwater flow at the point of discharge to all downstream properties including road reserves and the like for design storms of Q2, Q5, Q10, Q20 and Q50.

26.3 Provide overland flow paths that do not alter the characteristics of existing overland

flows on other properties or that create an increase in flood damage on other properties.


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26.4 Design and construct stormwater drainage incorporating measures to prevent any solid matter or floatable oils being carried into the existing stormwater system or any neighbouring properties.

26.5 Stormwater from sealed areas and overflow pipes from stormwater detention

structures and/or tanks installed for the stormwater system is required to be discharged to a lawful point of discharge without causing any drainage nuisance to neighbouring properties.

26.6 Design and construct all internal stormwater drainage works to comply with the

relevant Section/s of AS/NZS 3500.3.2.

26.7 Ensure that adjoining properties and roadways are protected from ponding or nuisance from stormwater as a result of any site works undertaken as part of the proposed development.

26.8 Discharge all minor storm flows that fall or pass onto the site to the lawful point of

discharge in accordance with the QUDM. 26.9 Submit to Council, written consent for a lawful point of stormwater discharge from the

owners of land affected by any stormwater discharge from the development prior to Operational Work approval.

27.0 WATER SUPPLY (NO - CONNECTION)

27.1 The approved development is not to be connected to Council’s reticulated water

supply system.

28.0 TRADE WASTE DISPOSAL (ANCILLIARY WASH DOWN BAY)

28.1 The Wash Down Bay is only to be used as an ancillary use for the approved Storage Facility. No trucks, vehicles or machinery not associated with the approved Storage Facility are to utilise the Wash Down Bay.

28.2 The following are not to be cleaned within the Wash Down Bay:

28.2.1 trucks carrying livestock;

28.2.2 the interior of any tankers carrying any regulated waste; or

28.2.3 vehicles requiring cleaning for weed and seed not associated with the Storage Facility use. There is to be no commercial weed and seed cleaning operations conducted on the premises.

28.3 Submit to Council for endorsement by Council's Planning Manager or authorised

delegate, the proposed treatment and collection process and any proposed re-use of the waste water from the ancillary Wash Down Bay.


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28.4 The waste generated from the proposed development (ancillary Service Station or ancillary Wash Down Bay) is to be collected, treated and removed to a suitable location by a suitably qualified person. A Plumbing Approval must be obtained from Council and the relevant inspections undertaken.

28.5 Contaminants or contaminated water must not be directly or indirectly released from

the premises or to the ground or groundwater at the premises except for:

28.5.1 uncontaminated overland stormwater flow;

28.5.2 uncontaminated stormwater to the stormwater system;

28.5.3 other water following treatment through an oil/silt interceptor trap or separator.

28.6 Releases to water must not cause any visible oil slick or other visible evidence of oil

or grease, nor contain visible grease, scum, litter or floating oil.

28.7 The business must ensure that:

28.7.1 maintenance and cleaning of equipment (including vehicles and plant) are carried out in wash down bays, or an area where contaminants cannot be released into stormwater drainage, a roadside gutter, a water course or onto unsealed ground;

28.7.2 any spillage of contaminants is cleaned up immediately by a method other than hosing, sweeping or otherwise releasing the contaminants into stormwater drainage, a roadside gutter or a water course; and

28.7.3 incidental rainfall and overland flow of stormwater do not contact contaminants (for example, areas with contaminants should be roofed or be protected by diversion drains).

28.8 Spillage of all chemicals and other liquid contaminants must be contained within an

on-site containment system and controlled in a manner that prevents environmental harm.

28.9 Where regulated waste is removed from the premises, records must be kept of the following:

28.9.1 the date, quantity and type of waste removed;

28.9.2 the name of the waste transporter and/or disposal operator who removed the waste; and

28.9.3 the intended treatment/disposal destination of the waste.

Timing: Prior to the commencement of use and at all-time thereafter.


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29.0 PARKING AND ACCESS - GENERAL 29.1 Design all access driveways, circulation driveways, parking aisles and car parking

spaces in accordance with Australian Standard 2890.1 - Parking Facilities - Off Street Car Parking.

29.2 Design and construct the access driveway, carparking/manoeuvring areas and heavy

vehicle parking/manoeuvring areas within the area identified as "Truck Stop" in the approved plan (Plan No: 00011/12, Issue 1, sheet 4 of 5, Turning Paths - Road Train, prepared by Martin Building Design, Dated 06/04/2015) with concrete, asphalt or a two-coat bitumen seal. The identified "Storage Yards" on this plan may be constructed to a dust suppressed gravel standard.

29.3 Design and construct areas marked as "Storage Yard" within the approved plans of

development with an environmentally sensitive proprietary dust suppressant.

29.4 In the event that a valid complaint in regard to dust is received, Council reserves the right to request submission of a Site Based Management Plan that addresses such complaints, and may require that dust be controlled in accordance with the recommendations of the Site Based Management Plan.

29.5 Provide a minimum of 2 car parking spaces.

29.6 Provide vehicle bollards or tyre stops to control vehicular access and to protect

landscaping or pedestrian areas where appropriate. 29.7 Line mark or otherwise delineate the car park aisles and driveways within the

development with directional arrows on the pavement to enable all vehicles to enter and leave the site in a forward gear.

29.8 Ensure access to car parking spaces, vehicle loading and manoeuvring areas and

driveways remain unobstructed and available for their intended purpose during the hours of operation.

29.9 Provide longitudinal gradient and crossfall for all driveways to comply with the

requirements of AS2890.1. 29.10 Ensure loading and unloading operations are conducted wholly within the site and

vehicles enter and exit the site in a forward direction. Timing: During construction phase and the use of the development.

30.0 VEHICLE ACCESS

30.1 Construct a commercial crossover between the property boundary and the edge of

the Blyth Street pavement generally in accordance with Council's Standard Drawing No. R-006. Ensure that crossover splay is designed to accommodate turning movements of a B-double.


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30.2 Construct any new crossovers such that the edge of the crossover is no closer than 1 metre to any existing or proposed infrastructure, including any stormwater gully pit, manhole, service infrastructure (e.g. power pole, telecommunications pit), road infrastructure (e.g. street sign, street tree, etc.).

30.3 Permitted access route (Council Roads) for all heavy vehicles for the development is

south from the entrance of Lot 25 on C4416 along Blyth Street to the intersection of Blyth Street and Kogan-Condamine Road.

30.4 No access is permitted from the property to any other street/road adjoining the

property other than the proposed commercial crossover to Blyth Street as per Condition 30.1.


31.0 B-DOUBLE ROUTE

31.1 The section of Blyth Street between Kogan-Condamine Road and the site entrance to

the property is not currently an approved B-Double Route. Obtain an approval for the route to be used by multi-combination vehicles from the National Heavy Vehicle Regulator prior to allowing access to Multi-Combination vehicles via above road section. Please refer to the following link for more information: https://www.nhvr.gov.au/road-access/access-management/applications-and-forms

32.0 ROADWORKS - ROAD WIDENING

32.1 Design and construct roadworks from the Kogan-Condamine Road intersection to the

southern boundary of Lot 80 on C4416 along Blyth Street to Urban Collector standard and to relevant Austroads' Standards, Council's Standards, EDROC Guidelines and Council’s Planning Scheme and except as altered by approval conditions:

32.1.1 1 (one) metre widening on both eastern and western sides from the edge of the existing bitumen pavement to provide a two-coat bitumen seal that neatly matches the existing pavement and provide a minimum sealed carriageway width of 8 metres;

32.1.2 formation or reshaping of the table drain to ensure free flow of stormwater as applicable; and

32.1.3 tapers to the existing road pavement.


33.0 ROADWORKS - SIGNAGE 33.1 Install at an appropriate location on Blyth Street, at Blyth Street and Kogan-

Condamine Road intersection, R1-2 "Give Way" signage as specified in the Manual of Uniform Traffic Control Devices – Part 13: Local Area Traffic Management, and provide line marking.

https://www.nhvr.gov.au/road-access/access-management/applications-and-forms


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33.2 Install 1 (one) R2-14(L) with a sign board stating "all heavy vehicles" Regulatory Sign within the property, erected 1 (one) metre offset from the driveway facing exiting traffic, in accordance with the Manual of Uniform Traffic Control Devices (MUTCD).

34.0 ROADWORKS AND PEDESTRIAN SAFETY

34.1 Install signage for all works on or near roadways in accordance with the MUTCD – Part 3, Works on Roads.

34.2 Submit to Council, an application for any road or lane closures, and ensure all conditions of that approval are complied with during construction of the works.

35.0 ELECTRICITY AND TELECOMMUNICATION

35.1 Connect the development to electricity and telecommunication services.

36.0 EARTHWORKS - GENERAL

36.1 Earthworks per site involving cut or fill greater than 1 metre in height and quantity of material greater than 50m3, or earthworks involving cut or fill less than 1 metre in height and quantity of material greater than 100m³ requires an Operational Work application.

36.2 Undertake earthworks in accordance with the provisions of AS3798 Guidelines on

Earthworks for Commercial and Residential Developments. 36.3 Remove the proposed earth bund to allow free conveyance of flows during a flood

event.

37.0 EARTHWORKS - RETAINING STRUCTURES AND BATTERS

37.1 Ensure earthworks batters designs do not adversely affect adjoining properties or services within the vicinity.

37.2 Ensure batters do not exceed a maximum slope of 25% (1 in 4). 37.3 Contain any batters wholly within the proposed development site. Fill cannot be

placed on adjacent properties without providing Council with written permission from the respective property owner(s).

38.0 EROSION AND SEDIMENT CONTROL - GENERAL

38.1 Submit to Council, an Erosion and Sediment Control Plan for internal and external

works, certified by a Registered Professional Engineer Queensland – Civil or Certified Professional in Erosion and Sediment Control, for approval with any application for Operational Work.


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38.2 Undertake an Erosion and Sediment Control Program including, but not limited to the following:

38.2.1 construction of sediment fences, earth berms, temporary drainage, temporary sediment basins and stormwater filtering devices designed to prevent sediment or sediment laden water from being transported to adjoining properties, roads and/or stormwater drainage systems;

38.2.2 measures to prevent site vehicles tracking sediment and other pollutants onto adjoining streets during the construction period;

38.2.3 identification of areas to be utilised on the site for stockpiling of materials capable of being moved by the action of wind or running water; the materials shall be stored clear of drainage paths, and appropriate measures implemented to prevent the entry of such materials into either the road or drainage system;

38.2.4 inspection regime of sediment and erosion controls; and

38.2.5 response times to events where controls have been damaged or are inadequate, and erosion or the release of sediment or sediment laden stormwater has occurred from the site or associated works.

38.3 Implement the approved Erosion and Sediment Control Plan and modify as

necessary, to maintain compliance with this approval. 38.4 Undertake works to reinstate or clean up the road and/or drainage system

damaged/blocked as a result of erosion and/or sedimentation from the site, at no cost to Council. Undertake such works immediately where there is a potential hazard to pedestrians and/or passing traffic.



39.0 ENVIRONMENTAL HEALTH 39.1 Undertake operations and construction work associated with this development to the

requirements of Council, including the following:

39.1.1 do not cause nuisance to adjoining residents by the way of smoke, dust, stormwater discharge or siltation of drains, at any time, including non-working hours;

39.1.2 remove immediately, any material spilled or carried onto existing roads to avoid dust nuisance and ensure traffic safety; and

39.1.3 do not carry out works on Sundays or Public Holidays (unless approved otherwise by Council).




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39.2 Do not release contaminants or contaminated water directly or indirectly from the land subject to this approval, or to the ground or groundwater at the land subject to this approval, except for:

39.2.1 uncontaminated overland stormwater flow; and

39.2.2 uncontaminated stormwater to the stormwater system.

Timing: Prior to commencement of any works on-site, during works on-site and maintained for the period of the use of the development site

40.0 FLOODING - GENERAL

40.1 Buildings and structures associated with the ancillary Service Station and ancillary

Wash Down Bay (especially the storage of hazardous chemicals and all control panels of critical services) are to be built at a minimum 300mm above the flood level for a flood event with a 1% Annual Exceedance Probability at the time of construction.

Timing: Prior to commencement of the use and at all times thereafter.

Note: Council can be contacted to supply the developer with the flood level prior to

construction of the ancillary Wash Down Bay or ancillary Service Station. 2. The applicant be advised that the Concurrence Agency response from the State Assessment and

Referral Agency is attached.

3. The applicant be further advised that:

(a) Prior to works commencing on-site, separate applications for Development Permit for Building Work and Plumbing or Drainage Works will be required to be approved. A development permit for Operational Work may be required where greater than 50m3 of fill or excavation is proposed on the site.

(b) Prior to commencement of the use, the applicant shall contact Council’s Compliance Senior

Officer to arrange a Development Compliance Inspection. (c) Based on the nature and scale of the proposal (storage of diesel fuel), it is advised that you

contact Work Health and Safety Queensland (Telephone: 1300 362 128) to ensure that the storage of diesel fuel is compliant with the requirements of the Work Health and Safety Act 2011 and supporting Regulations.

(d) The applicant must ensure compliance with environmental conditions whether required to

hold an Environmental Authority or not. These include, but are not limited to water quality, air quality, noise levels, waste waters, lighting and visual quality as a result of any activity or by-product or storage of materials within the confines of the building(s) and property boundaries.

Any amendment, alteration or addition to the development approval will require further consideration by Council in assessing any changes to the environmental conditions.




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(e) The Aboriginal Cultural Heritage Act 2003 (ACHA) is administered by the Department of Aboriginal and Torres Strait Islander Partnerships (DATSIP). The ACHA establishes a duty of care to take all reasonable and practicable measures to ensure any activity does not harm Aboriginal cultural heritage. This duty of care:

(i) is not negated by the issuing of this development approval;

(ii) applies on all land and water, including freehold land;

(iii) lies with the person or entity conducting an activity; and

(iv) if breached, is subject to criminal offence penalties.

Those proposing an activity involving surface disturbance beyond that which has already occurred at the proposed site must observe this duty of care. Details of how to fulfil this duty of care are outlined in the duty of care guidelines gazetted with the ACHA. The applicant should contact DATSIP’s Cultural Heritage Co-ordination Unit on telephone (07) 3224 2070 for further information on the responsibilities of developers under the ACHA.

(f) The relevant period for the development approval (Material Change of Use) shall be four (4)

years starting the day the approval is granted or takes effect. In accordance with Section 341(1) of the Sustainable Planning Act 2009 (SPA), the development approval for a Material Change of Use lapses if the first change of use under the approval does not happen within the abovementioned relevant period. However, if there are one or more related approvals for the development approval for a Material Change of Use, the relevant period is taken to have started on the day the latest related approval takes effect. (Please refer to Section 341(7) of SPA for the meaning of related approval).

An applicant may request Council to extend the relevant period provided that such request is made in accordance with Section 383 of SPA and before the development approval lapses under Section 341 of SPA.

(g) Council is to be indemnified against any claims arising from works carried out by the applicant

on Council’s property. (h) An applicant has the opportunity to make representations regarding conditions or other

matters in the development approval within 20 business days of receiving the Decision Notice in accordance with Section 361 of SPA. The applicant’s appeal period may also be suspended in accordance with Section 366 of SPA, to allow further time for consideration of matters contained in the development approval. In the case of refusal, an applicant does not have the opportunity to extend the appeal period.

(i) An applicant has the opportunity to appeal against Council’s decision in accordance with the

relevant section of the Sustainable Planning Act 2009 which states:

"461 Appeals by Applicants, (1) An applicant for a development application may appeal to the court against any of the

following—

(a) the refusal, or the refusal in part, of a development application;


Page 58



(b) any condition of a development approval, another matter stated in a development approval and the identification or inclusion of a code under Section 242;

(c) the decision to give a preliminary approval when a development permit was applied for;

(d) the length of a period mentioned in Section 341; (e) a deemed refusal of the development application.

(2) An appeal under Subsection (1)(a), (b), (c) or (d) must be started within 20 business

days (the applicant’s appeal period) after –

(a) if a Decision Notice or Negotiated Decision Notice is given – the day the Decision Notice or Negotiated Decision Notice is given to the applicant; or

(b) otherwise – the day a Decision Notice was required to be given to the applicant. (3) An appeal under Subsection (1)(e) may be started at any time after the last day a

decision on the matter should have been made." (j) It should be noted that Council resolved not to accept security in lieu of completion of works,

except in the following circumstances: (a) where it is Council’s opinion that necessary works would result in the provision of

sub-standard services for future development and the work is not critical to the development, or

(b) where it is Council’s opinion the work is very minor, not critical to the development,

and, the timing for the completion of that work is an unreasonable impost on the developer.

In both cases, the acceptance of security in lieu of works is at Council’s discretion.

(k) The relevant Planning Scheme for this Development Permit is the Planning Scheme for

Murilla Shire 2006. All references to the Planning Scheme and Schedules within these conditions refer to the above Planning Scheme.


Page 59




Page 60



FORESHADOWED MOTION Cr. O.G. Moore foreshadowed that if the Motion on the floor failed, he would move:- That this Report be received and that:

1. The applicant be advised that the application seeking a development approval for a Material Change

of Use to establish a Storage Facility [(Heavy Vehicle Depot) Ancillary Service Station (Unmanned Fuel Facility - Diesel Only) and Ancillary Truck Wash] on land described as Lot 25 on C4416, situated at 18 Blyth Street, Condamine, is refused on the following grounds:

(a) The proposed development, Storage Facility [(Heavy Vehicle Depot) Ancillary Service Station

(Unmanned Fuel Facility - Diesel Only) and Ancillary Truck Wash], is not considered to achieve the Outcomes of the Small Town Zone Code's purpose of the Planning Scheme for Murilla Shire 2006.

(b) The location of the proposed development on Blyth Street is inconsistent with Performance

Criterion 1 (Non-residential Activities - Locational Criterion) of the Small Town Zone Code, as it is not located on a Main Road (ie Kogan-Condamine Road and the Leichhardt Highway are the only Main Roads) within the township of Condamine and would potentially prejudice the established low density residential character of Blyth Street.

(c) The proposed development would set a precedent for similar development to occur in Blyth Street which would prejudice the existing residential land uses on Blyth Street. On this basis, it is considered that the proposed development is inconsistent with Performance Criterion 13 (Separation of Incompatible Land Uses) of the Small Town Zone Code.

(d) The proposed development is not of an appropriate scale or intensity (operation on a 24 hour

basis) to protect the existing residential amenity of adjoining sensitive land uses and the generation of traffic movements on Blyth Street. On this basis, it is considered the proposed development does not achieve Performance Criterion 2 (Non-residential Activity - Scale) within the Small Town Zone Code.

(e) The proposed development intends to operate on a 24 hour basis. Acceptable Solution 3 of

Performance Criterion 3 under the Small Town Zone Code provides Non-residential Activities are operated between 7am and 6pm.

24 hour operation of the development would be likely to be adversely impact on adjoining sensitive land uses (noise and light nuisance) and on the residential streetscape of Blyth Street.

On this basis, the hours of operation of the proposed development are considered inconsistent with Performance Criterion 3 (Operating Hours) of the Small Town Zone Code.

(f) The proposed development is considered inconsistent with Performance Criterion 9 (Traffic

Generation) of the Small Town Zone Code. Blyth Street is a local road characterised by pre-existing low density residential land uses.


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The increase in traffic (particularly heavy vehicle traffic) would be likely to impact on the residential amenity of Blyth Street in terms of dust, noise, light and odour generated by increased traffic. It is considered that the increase in traffic volumes would have a substantial impact on the safety and functionality of the local road network.

(g) The proposed development is not considered to be compatible with adjoining sensitive land

uses and would detract from the existing residential amenity of the streetscape with regard to noise, visual amenity and privacy, light nuisance and odour. On this basis, it is not considered that the proposed development is consistent with Performance Criteria 12 (Lighting), 26 (Air Emissions), 27 (Noise Emissions) of the Small Town Zone Code.

(h) Council received 4 properly made submissions during the public notification period for the

development application objecting to the application. It is considered that these objections raise issues of merit and have been considered in forming Council's decision.

The ORIGINAL MOTION was PUT and CARRIED (6,3)

FOR VOTE - Cr. G.M. Olm, Cr. A.N. Smith, Cr. R.B. Jamieson, Cr. A.G. Brame, Cr. C.T. Tillman, Cr. R.C. Brown

AGAINST VOTE - Cr. C.M. Hall, Cr. I.J. Rasmussen, Cr. O.G. Moore ABSENT. DID NOT VOTE - Nil


Page 62

MINUTE ITEMS FOR DECISION ORD.IS/9.3 INFRASTRUCTURE SERVICES REPORTS

ORD.IS/9.3.2 (030.2015.237.001) Infrastructure Services Report Development Application for Material Change of Use for an Accommodation Building (10 Accommodation Units) at Lots 5 and 14 RP104020 24 and 26 Jerrard Street Wandoan The Planning Place

To R.A. Musgrove, CHIEF EXECUTIVE OFFICER File No A50780, LG7.6.1 & AD6.6.2, Doc. No. 030.2015.237.001 Date 30 July 2015 Authored by J. Hunter, PLANNING OFFICER DEVELOPMENT ASSESSMENT Responsible Manager D. Sabiston, PLANNING MANAGER Responsible General Manager G.K. Cook, INFRASTRUCTURE SERVICES GENERAL MANAGER

Summary/Purpose

The purpose of this Report is for Council to consider the proposed development, the Officer's assessment of the proposal and the recommendation to decide the development application.

DEVELOPMENT APPLICATION: CODE ASSESSMENT

Application No: 030.2015.237.001 Applicant: The Planning Place Owner: Speciality Services Qld Pty Ltd Site Address: 24 and 26 Jerrard Street, Wandoan Real Property Description: Lots 5 and 14 on RP104020 Zone: Commercial Precinct: N/A Proposal: Material Change of Use to establish an Accommodation Building

(10 Accommodation Units) Area of Land: Lot 5: 1,067m2

Lot 14: 1,120m2

Submissions: N/A Employee Material Personal Interest/Conflict of Interest Nil Councillor Material Personal Interest/Conflict of Interest Nil


Page 63


Application for Material Change of Use for an Accommodation Building (10 Accommodation Units) at Lots 5 and 14 RP104020 24 and 26 Jerrard Street Wandoan The Planning Place …(Cont’d)


That this Report be received and that: 1. The applicant be advised that the application for a Material Change of Use to establish an

Accommodation Building (10 Accommodation Units) on land described as Lots 5 and 14 on RP104020, situated at 24 and 26 Jerrard Street, Wandoan, be refused for the following reasons:

(a) The development does not satisfy Performance Criterion 1 of the Commercial Zone Code of

the Planning Scheme for Taroom Shire 2006 as the proposed use is considered to alter the intended character of the Commercial Zone and does not represent a clear community need for the use on-site.

(b) The development does not satisfy Performance Criterion 8 of the Commercial Zone Code of

the Planning Scheme for Taroom Shire 2006 as the applicant has not proposed to provide landscaping or external activity areas to service the proposed residential use.

(c) The development does not satisfy Performance Criterion 22 of the Commercial Zone Code of

the Planning Scheme for Taroom Shire 2006 as the noise emissions associated with the existing industrial uses on the subject sites and neighbouring sites are considered likely to have significant impact on future residents of the use. Moreover, if the use was to be approved on the site, this could have reverse amenity ramifications for surrounding commercial and industrial uses.

(d) The development does not satisfy Performance Criterion 23 of the Commercial Zone Code of

the Planning Scheme for Taroom Shire 2006 as the amenities block and kitchen associated with the Accommodation Buildings do not have plumbing approval, and have the ability to impact the standard of water runoff from the sites.

(e) The development does not satisfy the Purpose of the Commercial Zone of the Planning

Scheme for Taroom Shire 2006 as it is considered that the proposed use:

• is an incompatible use within the Commercial Zone, and given the context of the industrial uses immediately surrounding the site;

• limits the viability of nearby uses which are consistent within the Commercial Zone and nearby Industrial Zone;

• does not contribute to an identifiable, vibrant, compact business core servicing the shire;

• is not located, designed or operated in a manner that protects and enhances commercial scale, intensity, form and character;

• does not ensure public health and safety; and

• prejudices other uses, including residential uses within other Zones.


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Application for Material Change of Use for an Accommodation Building (10 Accommodation Units) at Lots 5 and 14 RP104020 24 and 26 Jerrard Street Wandoan The Planning Place …(Cont’d)

(f) The development is considered to be inconsistent within the Draft Western Downs Planning Scheme as it does not satisfy:

• Performance Outcome 3 and Acceptable Outcome 3.2 of the Local Centre Zone

Code as the proposed development is above the maximum accommodation density for the Zone;

• Acceptable Outcome 4.5 of the Local Centre Zone Code as the development does not comply with the prescribed rear setback distance;

• Performance Outcome 7 and Acceptable Outcomes 7.1 and 7.2 as no landscaping to protect and enhance the character and amenity of the site and wider area has been proposed on the sites;

• the Purpose of the Local Centre Zone Code as the proposal does not provide for local needs and is not considered to be a residential use which integrates and enhances the fabric of the activity centre;

• the Local Government Purpose as the proposed development would not be considered to help in meeting the needs of the local community; and

• items (b), (c) and (e) of the Overall Outcomes of the Local Centre Zone Code as the proposed development is not considered to be compatible with the existing scale, character or amenity of the Zone and has the potential to compromise the viability of the existing uses within the Zone. It is also not considered to form part of the acceptable Residential Activities listed in item (e).

Justification Nil Link to Corporate Plan Strategic Theme 6: Balanced Growth A balanced and responsible approach to the continued growth of our region will promote sustainable development that enhances the liveability of our communities and the prosperity of our diverse businesses and industries.

COUNCIL RESOLUTION

MOVED by Cr. R.B. Jamieson and seconded by Cr. A.N. Smith That this Report be received and noted.

CARRIED (8,1)


Page 65

MINUTE ITEMS FOR DISCUSSION


Nil.


Page 66



ORD.CCS/10.2.1 Corporate and Community Support Financial Report July 2015 To R.A. Musgrove, CHIEF EXECUTIVE OFFICER File No AD6.6.2, AD4.22.1, AD4.16.3 Date 6 August 2015 Authored by T. Bennett, FINANCIAL PLANNING MANAGER Responsible Manager T. Bennett, FINANCIAL PLANNING MANAGER Responsible General Manager A. D. Ireland, CORPORATE AND COMMUNITY SUPPORT GENERAL

MANAGER

Summary/Purpose

The purpose of this Report is for Council to receive the Financial Report for the period ending 31 July 2015. Employee Material Personal Interest/Conflict of Interest Nil Councillor Material Personal Interest/Conflict of Interest Nil


That this Report be received and noted. Justification Nil Link to Corporate Plan Strategic Theme 1: Effective and Inclusive Governance Western Downs Regional Council can be relied on to govern its communities and manage its business with strategic vision, equity, transparency, collaboration and financial responsibility.

COUNCIL RESOLUTION

MOVED by Cr. I.J. Rasmussen and seconded by Cr. A.G. Brame That this Report be received and noted.

CARRIED


Page 67

MINUTE ITEMS FOR DISCUSSION ORD.CCS/10.2 CORPORATE AND COMMUNITY SUPPORT REPORTS

ORD.CCS/10.2.2 Corporate and Community Support Report Stocktake Variances at 2014/2015 Final Stocktake

To R. A. Musgrove, CHIEF EXECUTIVE OFFICER File No AD6.6.2, AD3.1.2 Date 10 August 2015 Authored by B. Knight, FINANCIAL OPERATIONS COORDINATOR Responsible Manager P. Greet, FINANCIAL OPERATIONS & INFORMATION TECHNOLOGY

MANAGER Responsible General Manager A. Ireland, CORPORATE AND COMMUNITY SUPPORT GENERAL

MANAGER

Summary/Purpose

The purpose of this Report is to advise Council of the results of the final stocktake for all regional store locations and the Jimbour Quarry location and to seek approval to effect the necessary stocktake adjustments. Employee Material Personal Interest/Conflict of Interest Nil Councillor Material Personal Interest/Conflict of Interest Nil


That this Report be received and that: 1. The discrepancies identified in the Discrepancies Report provided, totalling to $17,399.89 (deficit) for

Location 9 - Jimbour Quarry be corrected via the stocktake adjustment process in Authority; and 2. The balance of discrepancies identified in the Discrepancies Report provided, for all store locations,

with the exception of the Jimbour Quarry and Regional Gravel Pits, totalling to $25,236.59 (deficit) be corrected via the stocktake adjustment process in Authority.

Justification Nil Link to Corporate Plan Strategic Theme 1: Effective and Inclusive Governance Western Downs Regional Council can be relied on to govern its communities and manage its business with strategic vision, equity, transparency, collaboration and financial responsibility.


Page 68

MINUTE ITEMS FOR DISCUSSION ORD.CCS/10.2 CORPORATE AND COMMUNITY SUPPORT REPORTS ORD.CCS/10.2.2 Corporate and Community Support Report Stocktake

Variances at 2014/2015 Final Stocktake …(Cont’d) COUNCIL RESOLUTION

MOVED by Cr. A.N. Smith and seconded by Cr. G.M. Olm That this Report be received and that: 1. The discrepancies identified in the Discrepancies Report provided, totalling to $17,399.89 (deficit) for

Location 9 - Jimbour Quarry be corrected via the stocktake adjustment process in Authority; and 2. The balance of discrepancies identified in the Discrepancies Report provided, for all store locations,

with the exception of the Jimbour Quarry and Regional Gravel Pits, totalling to $25,236.59 (deficit) be corrected via the stocktake adjustment process in Authority.

CARRIED


Page 69


ORD.CCS/10.2.3 Corporate and Community Support Report Application for Conversion GHPL 16/10621 Lot 27 on PG311 Parish of Noondoomally

To R. A. Musgrove, CHIEF EXECUTIVE OFFICER File No AD6.6.2, AD10.5.1, Doc. No. 2785014 Date 6 August 2015 Authored by L. Bateman, FINANCE OFFICER LAND CONVEYANCING Responsible Manager P. Greet, FINANCIAL OPERATIONS AND INFORMATION

TECHNOLOGY MANAGER Responsible General Manager A. D. Ireland, CORPORATE AND COMMUNITY SUPPORT GENERAL

MANAGER

Summary/Purpose

The purpose of this Report is to seek Council's views on an application received from BV, JA and RP Walker by the Department of Natural Resources and Mines, to convert Grazing Homestead Perpetual Lease 16/10621, described as Lot 27 on PG311, Parish of Noondoomally with a total area of 2,066.224 hectares, to freehold tenure. Employee Material Personal Interest/Conflict of Interest Nil Councillor Material Personal Interest/Conflict of Interest Nil


That this Report be received and that: 1. Council offer no objection to the Department of Natural Resources and Mines converting the subject

area to freehold tenure. Justification Nil Link to Corporate Plan Strategic Theme 6: Balanced Growth A balanced and responsible approach to the continued growth of our region will promote sustainable development that enhances the liveability of our communities and the prosperity of our diverse businesses and industries.


Page 70

MINUTE ITEMS FOR DISCUSSION ORD.CCS/10.2 CORPORATE AND COMMUNITY SUPPORT REPORTS ORD.CCS/10.2.3 Corporate and Community Support Report Application for

Conversion GHPL 16/10621 Lot 27 on PG311 Parish of Noondoomally …(Cont’d)

COUNCIL RESOLUTION

MOVED by Cr. A.G. Brame and seconded by Cr. A.N. Smith That this Report be received and that: 1. Council offer no objection to the Department of Natural Resources and Mines converting the subject

area to freehold tenure.

CARRIED


Page 71


ORD.CCS/10.2.4 Corporate and Community Support Report Application for Lease Part Lot 235 on FTY1669 Lot M on DY1104 Boondandilla State Forest

To R. A. Musgrove, CHIEF EXECUTIVE OFFICER File No AD6.6.2, AD10.5.1, Doc. No. 2772664 Date 6 August 2015 Authored by L. Bateman, FINANCE OFFICER LAND CONVEYANCING Responsible Manager P. Greet, FINANCIAL OPERATIONS AND INFORMATION

TECHNOLOGY MANAGER Responsible General Manager A. D. Ireland, CORPORATE AND COMMUNITY SUPPORT GENERAL

MANAGER

Summary/Purpose

The purpose of this Report is to seek Council's views on an application received from D. Vollbrecht by the Department of Natural Resources and Mines, to Lease part of Lot 235 on FTY1669, described as Lot M on DY1104, Parish of Boondandilla, with an approximate area of 33,900 hectares. It should be noted that Lot 235 on FTY1669 is part of the Boondandilla State Forest and encompasses part of Western Downs Regional Council and Goondiwindi Regional Council. Employee Material Personal Interest/Conflict of Interest Nil Councillor Material Personal Interest/Conflict of Interest In accordance with Section 173 of the Local Government Act 2009, Cr. R.C. Brown declared a conflict of interest in respect to this matter due to he owning land adjoining the Boondandilla State Forest. Having given due consideration to his position he determined that he would participate in the debate and vote on this matter in the public interest - Cr. R.C. Brown remained in the Meeting and voted in favour of the resolution.


That this Report be received and that: 1. Council offer no objection to the Department of Natural Resources and Mines granting a Lease over

the subject area. Justification Nil


Page 72

MINUTE ITEMS FOR DISCUSSION ORD.CCS/10.2 CORPORATE AND COMMUNITY SUPPORT REPORTS ORD.CCS/10.2.4 Corporate and Community Support Report Application for

Lease Part Lot 235 on FTY1669 Lot M on DY1104 Boondandilla State Forest …(Cont’d)

Link to Corporate Plan Strategic Theme 6: Balanced Growth A balanced and responsible approach to the continued growth of our region will promote sustainable development that enhances the liveability of our communities and the prosperity of our diverse businesses and industries.

COUNCIL RESOLUTION

MOVED by Cr. I.J. Rasmussen and seconded by Cr. R.B. Jamieson That this Report be received and that: 1. Council offer no objection to the Department of Natural Resources and Mines granting a Lease over

the subject area.

CARRIED


Page 73


ORD.CCS/10.2.5 Corporate and Community Support Report Local Events and Sponsorship Program Out Of Rounds Application The National Rodeo Council Australia Limited

To R.A. Musgrove, CHIEF EXECUTIVE OFFICER File No AD6.6.2 Date 5 August 2015 Authored by F. Henderson, COMMUNITY DEVELOPMENT OFFICER Responsible Manager C. Murphy, COMMUNITY DEVELOPMENT MANAGER Responsible General Manager A. D. Ireland, CORPORATE AND COMMUNITY SUPPORT GENERAL

MANAGER

Summary/Purpose

The purpose of this Report is to provide Council with the Unconfirmed Minutes from the Western Downs Regional Council Community Grants Assessment Reference Group Meeting, held on 5 August 2015, in relation to the Assessment of an Out-Of-Rounds Local Events and Sponsorship Program Application received from The National Rodeo Council of Australia Limited, and to seek adoption of the recommendations contained in the Unconfirmed Minutes. Employee Material Personal Interest/Conflict of Interest Nil Councillor Material Personal Interest/Conflict of Interest Nil


That this Report be received and that: 1. Council note the Unconfirmed Minutes of the Western Downs Regional Council Community Grants

Assessment Reference Group Meeting held on 5 August 2015; and

2. The recommendations of the Western Downs Regional Council Community Grants Assessment Reference Group Meeting held on 5 August 2015 be adopted as follows:

a) Apologies

That the Western Downs Regional Council Community Grants Assessment Reference Group accept the apology for non-attendance from Cr C.M. Hall due to ill health; and

b) Out-Of-Rounds Local Events and Sponsorship Program Application

That the applicant of the Out-Of-Rounds 2015/2016 Local Events and Sponsorship Program be advised as follows:


Page 74

MINUTE ITEMS FOR DISCUSSION ORD.CCS/10.2 CORPORATE AND COMMUNITY SUPPORT REPORTS ORD.CCS/10.2.5 Corporate and Community Support Report Local Events and

Sponsorship Program Out Of Rounds Application The National Rodeo Council Australia Limited …(Cont’d)

3. The funding of $3,216.25 to be allocated as follows:

a. $2,931.25 To be allocated from the Local Events and Sponsorship Program Round 1 of 2015/2016; and

b. $285.00 To be allocated from the Banner Display 2015/2016 Budget allocation.

Justification Nil


Page 75



Link to Corporate Plan Strategic Theme 1: Effective and Inclusive Governance Western Downs Regional Council can be relied on to govern its communities and manage its business with strategic vision, equity, transparency, collaboration and financial responsibility. Strategic Theme 3: Healthy Living The people of the Western Downs enjoy the benefits of a healthy and active lifestyle within safe and inclusive communities. Strategic Theme 4: Welcoming Communities The unique character and identity of the people and towns of the Western Downs will be promoted and celebrated both within our region and beyond.

COUNCIL RESOLUTION

MOVED by Cr. A.G. Brame and seconded by Cr. O.G. Moore That this Report be received and that: 1. Council note the Unconfirmed Minutes of the Western Downs Regional Council Community Grants

Assessment Reference Group Meeting held on 5 August 2015; and

2. The recommendations of the Western Downs Regional Council Community Grants Assessment Reference Group Meeting held on 5 August 2015 be adopted as follows:

a) Apologies

That the Western Downs Regional Council Community Grants Assessment Reference Group accept the apology for non-attendance from Cr C.M. Hall due to ill health; and

b) Out-Of-Rounds Local Events and Sponsorship Program Application

That the applicant of the Out-Of-Rounds 2015/2016 Local Events and Sponsorship Program be advised as follows:


Page 76



3. The funding of $3,216.25 (In-Kind Assistance) to be allocated as follows:

a. $2,931.25 To be allocated from the Local Events and Sponsorship Program Round 1 of 2015/2016; and

b. $285.00 To be allocated from the Banner Display 2015/2016 Budget allocation.

CARRIED (8,1)


Page 77

DEPUTATION

ORD.DEP/1.1 DEPUTATION

ORD.DEP/1.1 Deputation Turner Accommodation Camps Overland Water Flow Rate Increases

File No AD6.6.2

Summary/Purpose

Ms Eunice Turner addressed Council and expressed her concerns regarding: 1. The effect of Accommodation Camps on Motel Occupancy Rates and suggested that Council seek a

Deputation with the Premier; 2. The overland flow of water onto her property; and 3. The increase in rates and cited the amount that she is currently paying to that prior to amalgamation in

2008. COUNCIL RESOLUTION MOVED by Cr. I.J. Rasmussen and seconded by Cr. C.T. Tillman That Council resolve to adjourn the Meeting.

CARRIED

The Meeting adjourned at 10:32 AM. The Meeting resumed at 10:50 AM.


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ORD.IS/10.3.1 Infrastructure Services Report Queensland Government Infrastructure Funding Rounds

To R. A. Musgrove, CHIEF EXECUTIVE OFFICER File No AD6.6.2 Date 13 August 2015 Authored by T. SUMMERVILLE, ENVIRONMENT AND HEALTH MANAGER Responsible Manager T. Summerville, ENVIRONMENT AND HEALTH MANAGER Responsible General Manager G. K. Cook, INFRASTRUCTURE SERVICES GENERAL MANAGER

Summary/Purpose

The purpose of this Report is to provide Council with a selection of possible projects for upcoming funding rounds, and to seek Council's direction on the selected applications. Employee Material Personal Interest/Conflict of Interest Nil Councillor Material Personal Interest/Conflict of Interest Nil


That this Report be received and that: 1. Council provide direction on priorities for funding under the Building our Regions (Royalties for

Resource Producing Communities Program) and the Local Government Grants and Subsidies Program.

Justification Nil Link to Corporate Plan Strategic Theme 2: Enriched Communities The communities of the Western Downs are enriched through the provision of relevant facilities, essential as well as social services targeted to the needs of our growing region. Strategic Theme 8: Accessible and Connected Places The Western Downs region will continue to develop accessible transport systems and advocate for improved telecommunications to connect our people, businesses and industries locally, regionally, nationally and globally.


Page 79

MINUTE ITEMS FOR DISCUSSION ORD.IS/10.3 INFRASTRUCTURE SERVICES REPORTS ORD.IS/10.3.1 Infrastructure Services Report Queensland Government

Infrastructure Funding Rounds …(Cont’d) COUNCIL RESOLUTION

MOVED by Cr. A.N. Smith and seconded by Cr. A.G. Brame That this Report be received and that: 1. An Application be made to the Building our Regions (Royalties for Resource Producing Communities

Program) for the Chinchilla Potable Water Treatment Plant Part 1 Project; and 2. An Application be made to the Local Government Grants and Subsidies Program for the Kogan Waste

and Recycling Centre.

CARRIED


Page 80

MINUTE ITEMS FOR NOTING COUNCIL RESOLUTION MOVED by Cr. O.G. Moore and seconded by Cr. C.M. Hall That the following Reports be received and noted: 1. ORD.EXS/11.1.1 Executive Services Chief Executive Officer Monthly Report July 2015; and 2. ORD.EXS/11.1.2 Executive Services Report Outstanding Council Meeting Actions 2014 to

15 July 2015.

CARRIED


Page 81

MINUTE ITEMS FOR NOTING


ORD.EXS/11.1.1 Executive Services Chief Executive Officer Monthly Report July 2015

To R. A. Musgrove, CHIEF EXECUTIVE OFFICER File No AD6.6.2 Date 30 July 2015 Authored by J. Nothdurft, EXECUTIVE ASSISTANT TO CHIEF EXECUTIVE OFFICER

AND COUNCILLORS Responsible Manager R. A. Musgrove, CHIEF EXECUTIVE OFFICER Responsible General Manager R. A. Musgrove, CHIEF EXECUTIVE OFFICER

Summary/Purpose

The purpose of this Report is to provide Council with the significant meetings, forums and delegations attended by the former Chief Executive Officer and newly appointed Chief Executive Officer during the month of July 2015. Employee Material Personal Interest/Conflict of Interest Nil Councillor Material Personal Interest/Conflict of Interest Nil




Page 82

MINUTE ITEMS FOR NOTING ORD.EXS/11.1 EXECUTIVE SERVICES REPORTS

ORD.EXS/11.1.2 Executive Services Report Outstanding Council Meeting Actions 2014 to 15 July 2015

To R. A. Musgrove, CHIEF EXECUTIVE OFFICER File No AD6.6.2 Date 5 August 2015 Authored by J. Nothdurft, EXECUTIVE ASSISTANT TO CHIEF EXECUTIVE OFFICER

AND COUNCILLORS Responsible Manager R. A. Musgrove, CHIEF EXECUTIVE OFFICER Responsible General Manager R. A. Musgrove, CHIEF EXECUTIVE OFFICER

Summary/Purpose

The purpose of this Report is to provide Council with an update on the status of Outstanding Council Meeting Action Items for the period 2014 to 15 July 2015. Employee Material Personal Interest/Conflict of Interest Nil Councillor Material Personal Interest/Conflict of Interest Nil




Page 83

MINUTE ITEMS FOR NOTING


Nil.


Nil. NOTICES OF MOTION

ORD.NOM/12.1 CONSIDERATION OF NOTICES OF MOTION/BUSINESS

Nil.

ORD.NOM/12.2 RECEPTION OF NOTICES OF MOTION FOR NEXT MEETING

Nil. URGENT GENERAL BUSINESS

ORD.UGB/13.1 URGENT GENERAL BUSINESS

COUNCIL RESOLUTION - CLOSE MEETING MOVED by Cr. I.J. Rasmussen and seconded by Cr. C.T. Tillman That Council resolve to close the Meeting in accordance with Section 275 (1) (f) of the Local Government Regulation 2012 (starting or defending legal proceedings involving the local government) at 11:24 AM to discuss a Confidential matter.

CARRIED

COUNCIL RESOLUTION - REOPEN MEETING MOVED by Cr. A.G. Brame and seconded by Cr. I.J. Rasmussen That Council resolve to reopen the Meeting at 11:31 AM.

CARRIED


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MEETING CLOSURE

The Meeting concluded at 11:32 AM. I hereby certify that the foregoing is a true record of the Minutes of the Proceedings of the Ordinary Meeting held this nineteenth day of August 2015. Submitted to the Ordinary Meeting of Council held this second day of September 2015. Signed: Wednesday, 2 September 2015.

Cr. R.C. Brown MAYOR OF WESTERN DOWNS REGIONAL COUNCIL


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APPENDIX / ATTACHMENTS

ord/4 confirmation of minutes ord/4.1 adopt ... meeting of council minutes - wednesday, 2 september...

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