FINAL MINUTES - Mackay Council · FINAL MINUTES WEDNESDAY 11 APRIL 2018 MIN/11.04.2018 FOLIO 49516...

FINAL MINUTES

11 April 2018

FINAL MINUTES WEDNESDAY 11 APRIL 2018

MIN/11.04.2018 FOLIO 49511

Table of Contents

Folio Date Particulars

11.04.2018 Ordinary Meeting Minutes

11.04.2018 Office of the Mayor and CEO Monthly Report - April 2018

31.03.2018 Community and Client Services Monthly Report - March 2018

11.04.2018 Local and Subordinate Local Laws

Declaration of Potential Conflict of Interest

Nil.


MIN/11.04.2018 FOLIO 49512

ORDINARY MEETING

MINUTES

1. ATTENDANCE:

His Worship the Mayor, Cr G R Williamson (Chairperson), Crs, A J Camm, M J Bella,

L G Bonaventura, K J Casey, J F Englert, R C Gee, F A Mann, K L May, A R Paton

and R D Walker were in attendance at the commencement of the meeting. Also present

was Mr C Doyle (Chief Executive Officer) and Mrs M Iliffe (Minute Secretary).

Cr Williamson acknowledged the Yuwibara people, the traditional owners of the land

on which we meet and paid his respects to their Elders past and present.

The meeting commenced at 10.00 am.

2. OPENING PRAYER:

Cr Camm led those present in Prayer.

3. ABSENT ON COUNCIL BUSINESS:

Nil

4. APOLOGIES:

Nil

5. CONDOLENCES:

The Mayor, on behalf of Council, expressed condolences to the family and friends of

Tate Adams who was a distinguished printmaker, teacher, gallerist and co-founder of

the Lyrebird Press. Tate Adams donated over 300 works, principally artists books, to

Artspace when it was opened in 2003. Artspace Mackay established the Tate Adams

Reading Room and Tate Adams Reading Pod to encourage the sharing of the significant

collection of artists' books.


MIN/11.04.2018 FOLIO 49513

6. CONFLICT OF INTEREST:

Nil

7. CONFIRMATION OF MINUTES:

7.1 ORDINARY MEETING MINUTES - 28 MARCH 2018

THAT the Ordinary Meeting Minutes dated 28 March 2018 be adopted.

Moved Cr Camm Seconded Cr May

CARRIED

8. BUSINESS ARISING OUT OF MINUTES OF PREVIOUS MEETING:

Nil

9. MAYORAL MINUTES:

Nil

10. CONSIDERATION OF COMMITTEE REPORTS & RECOMMENDATIONS:

Nil

11. CORRESPONDENCE AND OFFICERS' REPORTS:

11.1 OFFICE OF THE MAYOR AND CEO MONTHLY REPORT -

APRIL 2018

Author Chief Executive Officer

Purpose

To provide Council with the Office of the Mayor and Chief Executive Officer's

Monthly Report for month of April 2018.


MIN/11.04.2018 FOLIO 49514

Background/Discussion

All departments within MRC prepare a Monthly Review which identifies activities

undertaken and progress made during the specific month.

Consultation and Communication

The report contains input from relevant Programs across Council.

Resource Implications

As required to compile report, which is a routine task for multiple employees.

Risk Management Implications

Nil.

Conclusion

Council is kept informed of activities within the Office of the Mayor and Chief

Executive Officer and of major initiatives and projects across Council.

Officer's Recommendation

THAT the Office of the Mayor and Chief Executive Officers Monthly Report for

April 2018 be received.

The Chief Executive Officer (CEO) spoke to his report and provided an overview and

highlights of the Office of the Mayor and CEO Monthly Report for April 2018.

Cr Camm queried the status of the Northern Australia Alliance (NAA) and with

Council's commitment to the NAA, which was the setup of the Greater Whitsunday

Alliance (GW3) which has been fulfilled and therefore should the KPI around NAA be

removed and transfer this to the GW3 KPI's and their funding arrangement.

Cr May queried how is Council ensuring effective representation on NAA is being

undertaken and how are these being measures from GW3.

The Mayor advised Council can request the CEO of GW3 to provide a report to

Council. The Minutes of these meetings are published and at the April meeting he will

table this request.

Cr May queried in the overall performance of GW3 if there were any plans soon to

undertake an evaluation.

The CEO advised GW3 will be presenting to the Greater Whitsunday Council of

Mayors next week and then GW3 will present to Council shortly thereafter.


MIN/11.04.2018 FOLIO 49515

Cr Bonaventura followed on from this query. He asked if Council is funding GW3 then

is it not Councils' responsibility to pursue GW3 to ensure progress is made in this area.

The Mayor advised GW3 have a KPI of their own to meet and when they are briefing

Council these questions can be put to them.

Cr Camm responded to Cr Bonaventura's comment advising Council is aware there are

political influences with the re-establishment of Regional Development Australia

(RDA) and what their role is and this has now lead to NAA's validity being questioned,

especially given a number of members of the NAA were seeking Federal Government

funding that was funding to RDA, and they were unsuccessful in that funding being

provided to NAA. It now appears that NAA is sitting in limbo and therefore the

question of where is Council's role and where is Council best invested over time.

The Mayor advised this needs to be undertaken by GW3 and suggested that when GW3

brief Council then these questions can be asked and then the GW3 Board can provide

the answers Councillors are seeking.

Cr Bonaventura advised he is happy to ask the questions of the GW3 Board when the

briefing is held but he is not happy for the responsibility to be removed from Council's

KPI's at this stage.

The Mayor agreed with Cr Bonaventura's request to not remove the NAA KPI from

Council's reporting at this stage.

Cr Bella queried, given the little progress other than through GW3 initiatives and

considering Council's investment in GW3, what progress and how is the progress

intended to be made.

The CEO advised the KPI in this report is around NAA and GW3 is only one (1) party

which can fill the gap and Council needs to work with GW3 and RDA to work out the

best way forward.

Cr Bella queried when the Sarina Field of Dreams contract is signed off for completion,

and the fact that there is a declarable weed found on this site, will there be provisions in

the sign off for continued care of the landscaping or will this be a cost to the ratepayer.

The CEO advised that all projects have formal sign off and Council will ensure sign off

is not completed until all obligations have been met as per the contract, and if they are

not met then something will be put in place to mitigate the risk to the ratepayers going

forward.

Cr Mann queried if the construction of the Mackay Skate and Wheeled Sports Plaza

commenced in mid-March 2018.

The CEO advised construction commenced in mid-March 2018 and due for completion

in August 2018.

Cr Paton congratulated the Council teams on the performance of the lost time injuries

(LTI's) frequency rate which is trending down. However, given the high number of


MIN/11.04.2018 FOLIO 49516

injuries in the Development Services Directorate has there been investigation on why

this is the case.

The CEO advised staff from Parks, Environment and Sustainability are part of the

Development Services Directorate and this is a reasonable risk area for Council. Every

incident, whether an injury or not, is investigated and there have been a number of

different types of injuries in the Parks area this year.

Cr Bonaventura followed on from Cr Paton's comments and advised he was not as

satisfied with the LIT's frequency rate. In 2016/17 Council was below 5 and this is

currently sitting at 7.2, this figure has been quite high through the majority of the year

and would like an explanation as to the contributing factors.

The CEO advised he appreciates Cr Bonaventura's view and last year the results

showed an exceptional performance, Council had reduced the number of LTI’s and

associated lost days considerably up to this year. There are 10 LTI's to date after 9

months, which is more than last year, and approximately 120 lost days. Each one of

these 10 are different types of incidents and very confident the reporting culture of the

organisation is very good. There is no pattern emerging with these incidents and safety

is something that is focused on and each incident is analysed.

Cr Bonaventura thanked the CEO for his explanation.

The Mayor advised the senior management team take safety extremely importantly and

focus on safety every day and the CEO is doing a very good job in this area as everyone

knows. However, one incident is still too many and need to continue the focus on

safety.

Cr Paton clarified his congratulations was for the figures trending in the right direction.

Cr May queried why the Blacksmith Street Turn-a-Round project of $45,578, which

had budget approval in 2012, was only completed in 2018.

The Director of Engineering and Commercial Infrastructure (DECI) advised the

original concept was developed for the project in 2012, however the construction then

need to await future budget process and approval.

Cr May advised when she looks at the Project Completed list and sees budget approval

year of 2012, then the report needs to be changed or the process needs to be quicker.

The CEO advised that when Council designs something they should be confident that

sometime in the near future the project will be approved. This process is being

reviewed to reduce the delay between design and completion of projects.

Cr Bonaventura queried given the lease has been executed for the Mackay Regional

Sports Precinct are there clauses in place to protect Council's asset in the future.

The CEO advised the lease is for 60 years, 20 x 20 x 20, and at year 50 both parties

meet to agree to what will occur at year 60. Therefore, Council of the day will know

what will be occurring with the asset at year 60.


MIN/11.04.2018 FOLIO 49517

Council Resolution

THAT the Officer's Recommendation be adopted.

Moved Cr Camm Seconded Cr Bonaventura

CARRIED

11.2 COMMUNITY AND CLIENT SERVICES MONTHLY REVIEW 1-31

MARCH 2018

Author Director Community and Client Services

Purpose

Attached is a copy of the Community and Client Services Monthly Review for the

month of March 2018.


THAT the Community and Client Services Monthly Review covering 1-31

March 2018 be received.

The Chief Executive Officer (CEO) spoke to this report and provided an overview and

highlights of the Community and Client Services Monthly Report for March 2018.

Cr Camm queried if the community engagement reporting can be reviewed to be more

forward facing from a community engagement point of view and for an understanding

of where it is appropriate for elected members to be involved.

The CEO advised this has been discussed at SLPT this week and will arrange for a

briefing to be held with Councillors to determine how Council can move forward with

different reporting options in this space.

Cr Camm commented that overall the reporting from this Directorate has significantly

improved and the input of some of the imagery and the description around the activity

informs the Councillors better.

Cr Mann queried what the number of Jubilee Community Centre (JCC) room hire

applications processed meant.

The CEO advised it is the total number of JCC room hires processed.

Cr May advised she would like to see the JCC room hire usage on a monthly basis

reported on, so there is a measure to compare on a year by year basis going forward.


MIN/11.04.2018 FOLIO 49518

Cr Mann advised she feels the MRCLS 2017-18 Financial Year People Visits graph

does not make any sense but notes this will be changed for future reports.

Cr Mann queried what the "Hub" is in the graph for MRCLS New Members 2017-18

Financial Year.

The CEO advised the new members under the "Hub" represent school children who

have joined the library under the Young Peoples Service Library Program which is a

new initiative.

Cr Mann queried when the "Hub" was introduced.

The Director of Community and Client Services (DCCS) advised she would take that

query on notice and come back to the Councillors with the exact date.

Cr Camm commented on the query on the "Hub", as elected members they would like

to be made aware of new initiatives to be advocates out in the community.

The DCCS advised this is not a new initiative it is just a rebranding.

The CEO confirmed it is not a new initiative but the data is now starting to be captured

separately.

Cr Bonaventura advised the questions raised by Cr Camm and Cr Mann would be ideal

to be worked through at the Strategic Advisory Committee meeting and looks forward

to the commencement of this committee.

Cr Walker queried what the 14 emergency relief assistance packages entailed.

The DCCS advised the emergency relief assistance packages are a State Government

initiative, they provide some funding through the Sarina Neighbourhood Centre. The

packages are provided to residents who are experiencing hardship and may need some

assistance.

Cr Walker queried the level of interest for the youth ambassador program to Matsuura.

The DCCS advised there are six (6) registered for this program and staff have been

working with the schools to generate some interest and the deadline has been extended

twice now. There are four (4) high schools in the region who host their own trips to

Matsuura.

Cr Camm further expanded on this program in that there have been discussions around

engaging the schools to review an add on for a few days to Matsuura to their school

trips as it is important to maintain the relationship with Matsuura.

Cr May queried if there is an opportunity to enhance how the Council in Community is

reported as it is quite a significant initiative of this Council and there is a full day of

visiting a lot of places within the community and currently this reporting does not

capture it.


MIN/11.04.2018 FOLIO 49519

The DCCS advised this would be reviewed for future reports.

Cr May queried if the Facebook interaction could be reported differently and show the

interaction on the different Council Facebook pages.

The DCCS advised this would be reviewed for future reports.

Cr May queried if the venue for the "Local Coastal Plans Lamberts Beach & Slade

Point" was correct.

The CEO advised that is not the correct venue.

Cr Mann queried if there was anything that could be done to assist with the MECC

attendances as Mackay is the last leg on the Queensland tour while Cains and

Townsville venues are closed for refurbishments currently.

The CEO advised the MECC Manager is continually negotiating to attract events to

Mackay.

The Mayor suggested Cr Mann take this off line and discuss it further with the DCCS.

Cr Bonaventura queried what was the emerging issue officers were responding to in

improving weed management at Council quarries.

The CEO advised this resulted from a request raised by Cr Bella where he reported a

single noxious weed growth in a pile of soil at a Council quarry. Local Laws crew

responded to the request and will continue to focus on this type of incidents at Council

quarries.

Cr Bonaventura queried if an education program is warranted to target overgrown

allotments given they make up two of the top six current active request categories.

The CEO advised an education process is warranted coming into the summer period as

it does not take long for the allotment to become overgrown.

Cr Bella advised the request he raised in relation to the noxious weed growth at the

Council quarry was undertaken quickly by the staff and to the satisfaction to the

residents of the area. Staff had previously inspected this site and there was no growth

showing how quickly they can appear, and he congratulated the staff for their quick

response.

Council Resolution


Moved Cr Mann Seconded Cr May

CARRIED


MIN/11.04.2018 FOLIO 49520

11.3 LOCAL AND SUBORDINATE LOCAL LAWS

File No Local Laws Review

Author Manager Governance & Safety

Purpose

To propose:

• Amendments to the following Subordinate Local Laws:

Subordinate Local Law No 1.1 (Alteration or Improvement to Local

Government Controlled Areas and Roads) 2011;

Subordinate Local Law No. 1.10 (Operation of Public Swimming Pools)

2011;

Subordinate Local Law No. 2 (Animal Management) 2011; and

• Repeal Local Law No. 2 (Meetings) 2008.


At Council's Ordinary Meeting of 26 July 2017 (Folio 45372), Council resolved to

proceed with amendments to:

Subordinate Local Law No 1.1 (Alteration or Improvement to Local

Government Controlled Areas and Roads) 2011;

Subordinate Local Law No. 1.10 (Operation of Public Swimming Pools)

2011;

Subordinate Local Law No. 2 (Animal Management) 2011;

And to repeal Local Law No 2 (Meetings) 2008.

The resolution included commencing the state interest and the public consultation

processes.

The Health & Regulatory Program briefed Council on the proposed amendments to

Subordinate Local Laws on 26 April 2017. Information on the proposed amendments

are detailed below.

Subordinate Local Law No 1.1 (Alteration or Improvement to Local Government

Controlled Areas and Roads) 2011

• Proposed amendments are to change the category activity from a category 2

to a category 1 activity.

• This amendment will allow Mackay Regional Council (MRC) to enforce the

removal and destruction of street trees by issuing a penalty infringement

notice rather than proceeding through the court system.


MIN/11.04.2018 FOLIO 49521

Subordinate Local Law No. 1.10 (Operation of Public Swimming Pools) 2011

• The proposed amendments include the reference to the Building Act 1975 in

relation to swimming pools.

• This reference will allow MRC to better manage pool compliance under the

Subordinate Local Law.

Subordinate Local Law No. 2 (Animal Management) 2011

The proposed amendments include:

• the management of bee hives,

• the removal of the "designated town area" definition,

• the inclusion of the Shellgrit Creek Beach dog exclusion zone; and

• criteria amendments around keeping various types of animals.

Local Law 2 (Meetings) 2008

This Local Law is proposed to be repealed as it is no longer relevant. It was

developed and in place prior to the commencement of the Local Government Act

2009 (i.e. the Local Government Act 1993), and provisions contained within this

local law are now within the current Act.

Section 38 of the Local Government Act 2009 provides that Council must not make a

Local Law (including a Subordinate Local Law) that contains an anti-competitive

provision unless Council has complied with the procedures prescribed under a

regulation for the review of anti-competitive provisions.

Subordinate Local Law No. 2 (Animal Management) was identified to contain anti-

competitive provisions. MRC has complied with the procedures prescribed by the

regulation by undertaking a public interest test and further consultation between 18

December 2017 and 19 January 2018.

As part of MRC’s Local Law-Making process, Council is now able to resolve to make

the proposed amendments to the Subordinate Local Laws and to repeal Local Law No.

2 (Meetings) 2008.

Once the Council has made the resolution, MRC must then advise the public by

publishing a notice in the Government Gazette and Council’s website within one

month. MRC is also required to provide to the Minister for Local Government, Racing

and Multicultural Affairs a copy of the following within 14 days of the Notice being

published in the Gazette:

• Gazette Notice;

• Certified copy of the Subordinate Local Law referred to in the Notice.

The commencement of the new Subordinate Local Laws will take effect as at the date

the Notice is published in the Gazette.


MIN/11.04.2018 FOLIO 49522


According to the Local Law-Making Process which was adopted by Council on 6

March 2013, Council was required to formally consult with State agencies and the

general community.

State Interest Consultation

Consultation with the State agencies was only required for the repealing Local Law 2

(Meetings) 2008.

The consultation period was for a 6-week period (i.e. between 7 August 2017 and 18

September 2017) as per the Local Law-Making process. Correspondence was only

forwarded to the Department of Infrastructure Local Government & Planning for

comment.

It was considered that the Department was the only State agency which was required to

be consulted due to the content of the Local Law.

A submission was not received from the Department in relation to the repealing of this

Local Law.

Public Consultation

MRC was required to consult with the public for at least 21 days (consultation took

place between 5 August and 28 August 2017). MRC undertook the necessary

consultation by:

• Publishing a notice about the proposed Local Law in a newspaper circulated

generally in the local government’s area i.e. the Daily Mercury;

• Displaying the advertisement in a conspicuous place at the Local Government

public office; MRC’s Client Service Centre Gordon Street;

• Having a copy of the proposed Local Law and Subordinate Local Law available

for inspection or purchase at MRC’s office;

• Placing a copy of the advertisement on MRC’s website;

A second round of public consultation was required to take place in respect to the

Subordinate Local Law No. 2 (Animal Management) 2011 where anti-competitive

provisions were identified. This consultation took place between 18 December 2017

and 19 January 2018. Consultation was in accordance with the outlined process above

as well as consultation direct with identified stakeholders who may have had an interest

in the amendments to the Animal Management Subordinate Local Law.

These Stakeholders were the RSPCA Mackay and the CQ Beekeepers Association Inc.

MRC did not receive any submissions from the public in relation to the above Laws

from either consultation period.


MIN/11.04.2018 FOLIO 49523


Legal fees and advertising fees are budgeted accordingly. There are no other significant

resource implications.


The risk associated with this activity is assessed as being low.

Conclusion

Council has now undertaken all the necessary steps pursuant the Local Law-Making

Process which was adopted by Council on 6 March 2013 and is now able to resolve to

adopt the proposed Amendments to the abovementioned Subordinate Local Laws and

to repeal Local Law No. 2 (Meetings) 2008.

With the adoption of these amended Subordinate Local Laws, Council will be able to

facilitate the changes to its regulatory powers to enforce the activities identified in the

Subordinate Local Laws and issue appropriate penalty infringement notices.


MIN/11.04.2018 FOLIO 49524


THAT Council

(a) implement the recommendations of the Public Interest Test Report –Animal

Management (Amendment) Subordinate Local Law (No. 1) 2017; and

(b) make Local Law (Repealing) Local Law (No. 1) 2017 as advertised, but

amended by the omission of each reference to ‘2017’, and the insertion

instead of a reference to ‘2018’; and

(c) make Alteration or Improvement to Local Government Controlled Areas

and Roads (Amendment) Subordinate Local Law (No. 1) 2017 as

advertised, but amended by the omission of each reference to ‘2017’, and

the insertion instead of a reference to ‘2018’; and

(d) make Operation of Public Swimming Pools (Amendment) Subordinate

Local Law (No. 1) 2017 as advertised, but amended by the omission of each

reference to ‘2017’, and the insertion instead of a reference to ‘2018’; and

(e) make Animal Management (Amendment) Subordinate Local Law (No. 1)

2017 as advertised, but amended by the omission of each reference to

‘2017’, and the insertion instead of a reference to ‘2018’; and

(f) note that Animal Management (Amendment) Subordinate Local Law (No.

1) 2017 contains anti-competitive provisions; and

(g) adopt, pursuant to section 32 of the Local Government Act 2009, in the

form attached to this report to Council, consolidated versions of subordinate

local laws of Council as follows—

(i) Subordinate Local Law No. 1.1 (Alteration or Improvement to

Local Government Controlled Areas and Roads) 2011;

(ii) Subordinate Local Law No. 1.10 (Operation of Public Swimming

Pools) 2011;

(iii) Subordinate Local Law No. 2 (Animal Management) 2011.

Cr Walker sought further clarification on what the "anti-competitive provisions"

referred to in the Subordinate Local Law No. 2 (Animal Management) means.

The Director of Community and Client Services (DCCS) advised she would take this

query on notice and come back to the Councillors for a formal response.

The Executive Officer (EO) advised he understood it was in relation to commercial

activities for animals, including such things as commercial kennels.

Cr Camm wished to expand on this query, in relation to bee hives, and the local law

that is being proposed is not for commercial use of bee hives, only for a

hobbyist/domestic use.


MIN/11.04.2018 FOLIO 49525

The Mayor advised with the proviso that the Councillors receive an explanation from

the DCCS about Cr Walker's query then he was happy for ask for the Motion to be

considered.

Council Resolution


Moved Cr Paton Seconded Cr Camm

CARRIED

11.4 LEASE OF LAND - JOINT LEASE - MACKAY CITY RUGBY

UNION FOOTBALL CLUB INC. AND MACKAY DISTRICT

JUNIOR RUGBY UNION INCORPORATED

File No 153955-118-SP

Author Manager Property Services

Purpose

To approve a new joint Trustee lease to Mackay City Rugby Union Football Club Inc.

and Mackay District Junior Rugby Union Incorporated for the area known as 'Quarry

Hill' being an area of approx. 5.9Ha being Lot 118 SP153955, 58 Hamilton Street,

North Mackay for a period of ten years.


Mackay Regional Council is the trustee of Crown (Reserves) Lot 118 on SP153955

situated at 58 Hamilton Street, North Mackay.

Historically this area was leased to Mackay and District Rugby Union (MDRU). The

lease for MDRU expired 31 December 2015. Council has had several meetings and has

attempted numerous times to assist MDRU with negotiating a new lease, with no

success.

Property Services was contacted in March 2018 by the newly elected President of

Mackay City Rugby Union Football Club (MCRU) to advise that MDRU no longer

wanted the responsibility of the lease and they, together with Mackay District Junior

Rugby Union (MDJRU) would like to reopen discussions with Council to establish a

joint lease.

Property Services instigated a meeting on site with the interested parties, with both

Clubs very keen to move forward with a joint lease. It should be noted that formal

notification has been received from MDRU on 19 March 2018 that they do not want to

be involved with the new lease.


MIN/11.04.2018 FOLIO 49526

According to Section 236 (b) (ii) of the Local Government Regulation 2012, "a local

government may dispose of a valuable non-current asset other than by tender or auction

if - the valuable non-current asset is disposed of to a community organisation."

Therefore, Council is not required to re-tender this before leasing the property.


Consultation has occurred between representatives of MCRU and MDJRU, Supervisor

Land Operations - Property Services, Manager Property Services, Director

Organisational Services and Council's Sport & Recreation Officers.


All costs incurred in respect to the preparation and lodgement of the lease

documentation to be borne by the Lessees.

The lease will be a standard 'trustee' lease inclusive of peppercorn rental of $50.00 plus

GST per annum and other like conditions.


Quarry Hill is known as the home of rugby union, should this lease not be approved,

both the community and region would not be able to benefit from the opportunities that

arise from such groups.

Conclusion

That the approval of the new joint lease to MCRU and MDJRU who have shown a

commitment to rugby union, the land and the local community is the most

advantageous outcome to Council.

The lease will be signed under delegation once finalised.


MIN/11.04.2018 FOLIO 49527


THAT Council -

A. Resolves that an exemption applies under Section 236 (b) (ii) of the Local

Government Regulation 2012, "a local government may dispose of a

valuable non-current asset other than by tender or auction if - the valuable

non-current asset is disposed of to a community organisation."

B. AND THAT Council approve a new joint lease for a term of ten years to

Mackay City Rugby Union Football Club Inc and Mackay District Junior

Rugby Union Incorporated for the area known as "Quarry Hill" being an

area of approx. 5.9Ha being Lot 118 on SP153955, 58 Hamilton Street,

North Mackay, with such lease to be a standard 'trustee' lease inclusive of

peppercorn rental of $50.00 plus GST per annum and be subject to the

approval of the Department of Natural Resources and Mines.

Council Resolution


Moved Cr Casey Seconded Cr Gee

CARRIED

11.5 MATERIAL CHANGE OF USE - EDUCATIONAL

ESTABLISHMENT (ANCILLARY CAR PARK) - LOT 902

MACKAY-BUCASIA DRIVE, MOUNT PLEASANT - LOT 902 ON

SP259166 - DA-2017-130

Application Number: DA-2017-130

Date Received: 19 December 2017

Action Officer: Dennis O'Riely

Applicant’s Details: Roman Catholic Trust Corporation Diocese

of Rockhampton for Catholic Education

c/- Justin Peel

PO Box 4499

MACKAY QLD 4740

Proposal: Education Establishment (Ancillary Cark

Park)

Site Address: Lot 902 Mackay-Bucasia Road, Mt Pleasant


MIN/11.04.2018 FOLIO 49528

Property Description: Lot 902 on SP259166

Owner’s Details: Gainbight Pty Ltd

Area: Lot 902: 2.498ha - Development Area:

1.137ha

Planning Scheme: Mackay Region Planning Scheme 2017

Planning Scheme Designations::

Zone:

Low Density Residential

Assessment Level: Impact

Submissions: 2 written submissions and 2 petitions

(containing 111 signatures)

Referral Agencies: Concurrence - Department of State

Development, Manufacturing, Infrastructure

and Planning

(Trigger: Planning Regulation 2017,

Schedule 10.9.4.2.4.1 State transport

corridors and future State transport corridors,

and Scheduled 10.9.4.1.1.1 Infrastructure -

State transport infrastructure)

Attachments: Attachment A:

Attachment B:

Attachment C:

Attachment D:

Attachment E:

Locality Plan

Proposal Plan

Referral Agency Response

Submitters Proposed

Amendments

Submitters Concerns -

Crispin Drive

Recommendation: Approved Subject to Conditions


MIN/11.04.2018 FOLIO 49529

ASSESSMENT OF APPLICATION

Purpose

The Material Change of Use application is for a school car park (defined in the

Mackay Region Planning Scheme as ancillary to an Education Establishment) for

Holy Spirit College, Mt Pleasant (refer to Attachment A – Locality Plan). The 247

space car park is proposed to be constructed on the balance land of Belmore Estate

residential estate, Lot 902 Mackay-Bucasia Road, Mt Pleasant.

The application is impact assessable and received two (2) properly made submissions

and two (2) properly made petitions (containing 83 and 28 signatures) against the

proposed development. The submissions raised concerns with connecting Tamron

Drive as a through-road to Baxter Drive and pedestrian and vehicle safety with more

traffic using Tamron Drive. The submitters have not raised any grounds that cannot

be appropriately conditioned or that would warrant the refusal of the development

application.

The submitters also requested that the proposal be amended to include a right-turn

egress from the car park to Tamron Drive to encourage vehicles to exit to the east via

Baxter Drive, rather than motorists driving west along Tamron Drive and causing

more congestion at the Tamron Drive/Pioneer Street roundabout near Northview

Primary School. In response to the submitters concerns, the applicant amended the

proposal to include the right-turn exit from the proposed car park.

The application is recommended for approval, subject to conditions.

Subject Site and Surrounds

The application has been made over the 2.498 ha parcel of land partially developed

for stage three (3) of Belmore Estate.

The car park will be located on 1.137ha of land purchased by the school from the

Belmore Estate developer Gainbight Pty Ltd (proposed lot 501), which is the balance

of stage three and is vacant.

The developer of Belmore Estate has applied to Council to endorse the survey plan for

part of stage three (3) of the estate, which creates nine (9) residential lots and the

balance development lot which is the subject of this development application. That

application is still under assessment at the time of writing this report. Currently all

infrastructure works for the new lots are completed, as is the construction of Tamron

Drive which will ultimately connect to Baxter Drive. Upon registration of the survey

plan for this part of stage three (3) the Tamron Drive road reserve will extend through

and connect to an unformed section of Baxter Drive. Tamron Drive is not currently

open to through vehicle traffic and this will not occur until the unformed section of

Baxter Drive is constructed by Council. This project is currently planned to be

delivered in 2018/2019 in conjunction with Holy Spirit College upgrading and

redesigning their existing car parking area.


MIN/11.04.2018 FOLIO 49530

The development lot will be bounded by Tamron Drive along its northern boundary,

residential development to the west and Holy Spirit College to the south. There is an

existing 2m wide concrete footpath constructed along the Tamron Drive frontage of

the development site and a 1.8m high screen fence along the common boundary with

the residential lots located on the western boundary.

Proposal

The applicant proposes to construct a 247 space car park on the 1.137ha site for the

use of the adjacent Holy Spirit College (refer to Attachment B – Proposal Plan). The

car park will be used by staff and students of the campus, which includes Emmanuel

Catholic Primary School and Emmanuel Kindergarten. The applicant has advised that

the existing parking area to the east of the school will continue to be used for drop-off

and pick-up activities. The existing parking area will be redeveloped in the future to

account for the construction of the missing portion of Baxter Drive.

The development includes the provision of a 2m wide landscape strip along the

Tamron Drive frontage of the site. Access to the car park is proposed from both a

left-in entry from Baxter Drive (via an existing access along the northern boundary of

the school), and a left-in/left out and right-out access from Tamron Drive. The

2,883m2 balance area of the site adjoining the residential development is proposed to

remain vacant.

The proposal plans show new car parking and road reserve arrangement on the Baxter

Drive frontage of the college, however these changes do not form part of this

development application.

Background

Emmanuel Catholic School established in 1983 and now includes Emmanuel

Kindergarten and Holy Spirit College, with classes from kindergarten to year 12.

Holy Spirit College has an enrolment of 811 students and 105 full-time equivalent

staff. The college has onsite facilities that can cater for up to 1050 students and 130

full-time equivalent staff. In 2017 there were 55 students of driving age attending

Holy Spirit College, which is predicted to rise by 85 to 140 students due to changes to

the state-wide enrolment age. Emmanuel Catholic Primary School and Emmanuel

Kindergarten has an enrolment of 585 and 44 students respectively and are not

planned to change from their current levels. The existing facilities on the campus are

approved and built to accommodate up to an additional 25 staff and 239 students

compared to the current numbers. Northview Primary School, located adjacent to the

college campus and accessed from Pioneer Street has an enrolment of 380 students.

The proposed car park site is located in the area approved as part of stage three (3) of

Belmore Estate. Belmore Estate was formerly cane growing land and was approved

for 102 residential lots over three (3) stages (Council file reference DA-2006-268).

Stages one (1), two (2) and part of three (3) of the residential development have been

completed and the subject site is the balance lot of the subdivision. As part of the

recently completed stage of the estate, the extension of Tamron Drive to the Baxter

Drive road reserve has been completed, however the road is not open to through

vehicle traffic at this time. The road is scheduled to be opened to through traffic


MIN/11.04.2018 FOLIO 49531

when the existing Holy Spirit College car park and set down area in Baxter Drive is

reconfigured and Council constructs the missing extension to Baxter Drive.

There is an acknowledged traffic parking issue, especially around peak drop-off and

pick-up times at Holy Spirit College (and almost every other school). Further, school

staff and students have been parking informally on Council land for a number of

years. As part of a previous application to expand the school (in 2005) the parking

issue was raised and solutions investigated. Of the options put forward, the provision

of a second entry and exit from the school parking area was seen as a long-term

solution to the traffic issue. The solution involved the provision of a road connection

through what is now Belmore Estate to facilitate the second access/exit point.

The redesign of Holy Spirits existing car parking and drop-off/pick-up area and the

relocation and extension of Baxter Drive has been the subject of lengthy discussions

between Council and the Diocese. Negotiations have been required around land

exchanges to facilitate the new road and alignment, as well as the redesign of the car

parking area. The land exchanges (including road opening and closure) are almost

completed and it is anticipated that the Baxter Drive extension and Holy Spirit

College car park redevelopment will occur in the 2018/2019 financial year and be

delivered as a combined project between the parties. Detailed design of the works is

currently underway.

In relation to the current application, the developer met with Mackay Regional

Council planning staff on 11th September 2017 to discuss the proposed development

and outline the reasons for the need for the new parking area. The developer was

advised that subject to the proposal meeting the relevant Planning Scheme codes and

undergoing public notification, the expansion of the school on to the subject site is

supportable under the Planning Scheme.

PLANNING SCHEME ASSESSMENT

The proposed development has been assessed against the Mackay Region Planning

Scheme and is considered to be generally consistent with the intent of the scheme.

Strategic Framework

The Mackay Regional Planning Scheme Strategic Framework encourages social

facilities and community services, including education services to be planned and

appropriately located to support population growth in urban areas. The proposal will

assist in consolidating community activities within the existing urban area, and

provides the potential to cater for future population growth in the catchment area.

The development is considered to be consistent with the Strategic Framework in the

Mackay Region Planning Scheme.

The application has been assessed against the following Planning Scheme codes and

overlays:

• Low Density Residential Zone Code

• Community Activities Code

• General Development Requirements Code


MIN/11.04.2018 FOLIO 49532

• Healthy Waters Code

• Flood and Coastal Hazards Overlay Code

• Regional Infrastructure Overlay Code

The proposal generally complies with the intent of the above Codes. The alternative

outcomes to those nominated in the Planning Scheme are discussed below:-

Overlays

Flood and Coastal Hazards Overlay Code

The subject site is within the Flood and Coastal Hazards Overlay Code. The

proposed development does not include any buildings or habitable rooms and

therefore complies with the code. The development will be required to be filled so

that the car park has a storm event immunity of Q5, and be free draining to the lawful

point of discharge. It will also be conditioned that any filling of the site does not

cause ponding of storm water on adjacent sites.

Regional Infrastructure Overlay Code

The subject site is within the Regional Infrastructure Overlay Code because the site is

proximate to the Port of Mackay branch railway line. The overlay seeks to avoid

sensitive land uses establishing proximate to railway infrastructure. While the

proposed land use is defined as an Education Establishment and is defined as a

sensitive land use, the car park itself is not sensitive to noise impacts and will

therefore not be impacted by the operation of the railway. In addition, an acoustic

fence has been constructed by the developer of Belmore Estate along the northern side

of the Tamron Drive road reserve to reduce noise impacts from the operation of the

railway. The proposed car park complies with the intent of the code.

Zone Code

Low Density Residential Zone Code

The subject site is located in the Low Density Residential Zone. The purpose of the

zone is to provide for:-

a) a variety of low density dwelling types, including dwelling houses; and

b) community uses and small-scale services, facilities and infrastructure, to

support local residents.

The purpose of the zone code encourages community uses that service the local

population. The proposed development is included in the community activities

defined activity group in the Planning Scheme, and it is considered that the proposed

car park will improve the operation of the existing school and provide for the planned

increase in student enrolments and staff at the school. This additional parking area

will also help rectify the informal use of Council land for car parking as currently

occurs. The proposed car park location is a logical expansion of the existing school

facilities and is in an area of Belmore Estate that ensures that the car park will not


MIN/11.04.2018 FOLIO 49533

detrimentally impact the residential character of the area. Therefore, the proposal is

considered to comply with the intent of the Low Density Residential Zone Code.

Use Codes

Community Activities Code

PO7

Development integrates with the amenity and character of the local area.

The applicant is proposing a 2m wide landscaping strip along the entire Tamron Drive

frontage of the car park, which meets the minimum 2m wide landscaping requirement

in the acceptable outcome in the code. A condition will be imposed requiring that the

2 m wide landscaping strip be extended along the Tamron Drive frontage of the

vacant balance area to create continuity of the streetscape between the car park and

vacant balance land. The developer will be required to submit a landscaping plan for

approval at the time of operational works application.

General Development Requirements Code

PO25

Non-residential development maintains the visual and general amenity of adjoining

residential areas.

The development will be conditioned to ensure that the existing 1.8m high screen

fence along the western boundary between the car park and the residential

development be maintained to protect the amenity of future residents of Belmore

Estate. The portion of the site that abuts the residential lots is the balance area of the

site for which the school has not indicated a future use. Any proposal to use this

balance area will require a material change of use application to be lodged and the

potential impact of the future use will be assessed at that time and appropriate

treatments conditioned to ensure the amenity of the residential lots is maintained.

PO37

Landscaping visually softens and lowers the glare and heat generated by extensive

areas of hardstand.

The development will be conditioned so that the car park is provided with 1 shade tree

per every 6 car parks in accordance with the acceptable outcome in the code.

ADOPTED INFRASTRUCTURE CHARGES RESOLUTION

Infrastructure charges will apply to the development in accordance with Council’s

Adopted Infrastructure Charges Resolution 2014, as this application was lodged prior

to the commencement of the new Charges Resolution in February 2018.

The site is the balance lot of Belmore Estate and any credit available for the existing

lawful use of the site has been utilised in the previous stages of Belmore Estate by the

developer. The proposal does not include any buildings and therefore infrastructure

charges will not be levied on an additional gross floor area basis.


MIN/11.04.2018 FOLIO 49534

The proposed development of an Education Establishment on the site attracts a

stormwater infrastructure charge of $8.50 per impervious square metre. The proposed

impervious area of the site is 8487m2 (site area of 1.137 ha minus balance area of

2883m2). The 8487m2 x $8.50/impervious m2 = $72,139.50.

INFRASTRUCTURE CONSIDERATIONS

The site has been connected to water and sewer services as part of the previous

development of Belmore Estate.

The applicant has undertaken a traffic impact analysis and submitted the report with

the development application. The analysis found that:

• the proposed car park is capable of accommodating the master planned transport

demands (i.e. active travel, car parking, traffic and bus demands) associated

with the school,

• The proposed layout of the new car park is consistent with the dimensional

requirements as set out in Council’s Planning Scheme and relevant Australian

Standards, and

• The analysis of the development indicates that the vehicle access and external

intersections are generally expected to operate within acceptable limits.

The proposal plan shows the western access to the car park as being capable of

accommodating a heavy rigid vehicle or a bus. Tamron Drive is not a designated bus

route and any bus servicing the school will have adequate access to the bus set-down

area in Baxter Drive. The development will be conditioned to require that the access

be amended to a frequent use medium rigid vehicle to discourage busses from

travelling west along Tamron Drive from the car park. The 40km per hour school

zone will be extended to the western boundary of the site to provide a slow traffic

environment for students and motorists in the area.

A condition is recommended that restricts the use from commencing prior to the

Baxter Drive extension to Tamron Drive being made to ensure vehicles exiting the car

park will have the option of travelling either east or west to Baxter Drive or Pioneer

Street as soon as it is operational. Alternatively, if the school wishes to use the car

park prior to the connection being made, a temporary access from the car park to

Baxter Drive must be provided to facilitate vehicle movements to the east. It is highly

likely that the School will want to construct the new parking area before the

redevelopment of their existing parking area is undertaken to ensure that there is

parking available for staff and students during the construction phase.

REFERRAL AGENCIES

The application was referred to the Department of State Development, Manufacturing,

Infrastructure and Planning for the following triggers:

• Planning Regulation 2017 (10.9.4.1.1.1) – Material change of use for an

education establishment.


MIN/11.04.2018 FOLIO 49535

• Planning Regulation 2017 (10.9.4.2.4.1) – State transport corridors and future

State transport corridors – material change of use within 25m of a State-

controlled road.

The Department has approved the use with no conditions (refer to Attachment C –

Referral Agency Response).

SUBMISSIONS

The application was publicly notified in accordance with the requirements of the

Planning Act 2016, and as a result of this process, two (2) individually prepared

written submissions and two (2) petition submissions (containing 83 and 28

signatures) were received.

The submissions received, expressed opposition to the proposal. The principle

concerns raised from the submissions are summarised and discussed below..

1. Direction of traffic exiting car park

Submitters Concerns

Residents of Belmore Estate who have signed the petition, strongly believe that

vehicles entering the car park should not be forced to exit the area through Belmore

Estate as this would cause significant traffic congestion and safety issues at the

Tamron Drive/Pioneer Street roundabout.

Applicant’s Response:

GTA traffic Consultants have confirmed that the proposed right turn egress from the

new carpark onto Tamron Drive can be achieved with some minor reconfiguration of

the original concept plan to provide adequate sight distance to and from the east in

accordance with Austroads requirements. It is noted that the modification to the

perimeter car parking spaces will be completed as part of the detailed design phase

once the Tamron Drive retention system and drainage arrangements are finalised.

With confirmation that this option can now be achieved, Catholic Education commit

to providing this change, being the right-hand egress from the new carpark onto

Tamron Drive. Catholic Education’s commitment is in the spirit of being fair and

reasonable and working through concerns raised to achieve a positive outcome for all

parties.

Officers Comments:

The revised traffic study submitted by the applicant showed that by providing a

right-turn option from the car park, vehicles turning left and travelling west along

Tamron Drive from the car park would reduce by more than 50%.

The inclusion of the right-turn egress is supported because it will decrease

congestion at the Tamron Drive/Pioneer Street intersection and addresses the

concerns raised by submitters.


MIN/11.04.2018 FOLIO 49536

2. Road Hierarchy

Submitters Concerns

Although the traffic report defines Tamron Drive as a ‘minor collector’ road, the

Mackay Region Planning Scheme 2017 Road Hierarchy maps define it as a local

street-access’, as defined within the Planning Scheme Engineering Design

Guidelines is to provide ‘direct access to properties, pedestrian movements and local

cycle movements. If the proposed car park approval were to be approved in its

current state, with all vehicles being directed to exit the area via Tamron Drive, the

‘local street – access’ definition would no longer meet this criteria.


Nil.

Officers Comments:

The classification of Tamron Drive in the location that fronts the proposed car park

was not identified in Council’s 2017 Mackay Region Planning Scheme road

hierarchy, because it was not constructed at the time. The existing constructed

section was shown as an access street in the Scheme hierarchy however this is a

known error. The road hierarchy for this street will be amended to reflect it's minor

collector status as part of a pending Planning Scheme amendment.

The entire length of Tamron Drive was identified in the road hierarchy of Council’s

2006 Mackay City Planning Scheme as a future major collector road connecting

Pioneer Street and Baxter Drive. The connection has been viewed as an important

connection to provide an additional road connection between Baxter Drive and

Pioneer Street. The conditions of the approval for Belmore Estate nominate Tamron

Drive as a designated minor collector street and the approved plan of development

shows the ultimate connection of Tamron Drive to Baxter Drive. A minor collector

road is of a sufficient design to cater for the expected future traffic. It should be

noted that Tamron Drive is not a designated bus route.

3. Tamron Drive connection to Baxter Drive

Submitters Concerns

The traffic study conducted by GTA Consultants shows that the existing vehicle

demand on Tamron Drive is 44 vehicles in the AM peak and 41 vehicles in the PM

peak. The master plan vehicle demand then increases to a staggering 299 vehicles in

the AM peak and 445 in the PM peak. Of course this would be taking into account

the Tamron Drive extension, which will be open to the public in the coming months,

however the proposed car park would only negatively contribute to this influx by

giving vehicles no other option but to exit the car park via Tamron Drive. Many

residents in Belmore Estate chose to purchase homes within the estate due to its

quiet surroundings and low levels of traffic. Whilst the Tamron Drive extension has

been approved to occur since the beginning of the estate, the residents would like to


MIN/11.04.2018 FOLIO 49537

ensure vehicles are not encouraged to utilise Tamron Drive as a thoroughfare or the

culs-de-sac in in the estate as U-turn facilities.


The proposed carpark associated with Tamron Drive is to be designated for staff and

students, which will be long term parking. The designated users exiting this carpark

will not be concentrated to the PM peak. Given the nature of the users, 75% of staff

will exit this carpark outside the identified peak periods, therefore, avoiding or not

contributing to the existing issues highlighted with the Tamron Drive and the Pioneer

Street roundabout.

Officers Comments:

The applicant’s traffic impact assessment expects 215 movements during the PM

peak hour to travel west along Tamron Drive when it is connected to Baxter Drive.

It is important to note that this connection, and the resulting traffic movements, will

occur regardless of whether this development application is approved because the

connection will occur with the reconfiguration of the Baxter Drive car park. The

traffic assessment has shown that Tamron Drive is capable of accommodating this

traffic.

4. Safety

Submitters Concerns:

Tamron Drive does not have designated roadside carparking, therefore vehicles

often park on the kerbside, restricting the road width to less than two lanes and

causing traffic to stop while oncoming traffic passes. This is evidenced on a daily

basis during the week and during school events at the entrance to the estate (Tamron

Drive/Pioneer Street) where vehicles attending Northview Primary School

dangerously park on the kerbside. Not only do these vehicles restrict the road to less

than two lanes, they also prevent traffic from having clear vision of oncoming traffic

and persons entering/exiting the parked vehicles around the bend.

This is already a significant safety risk and the residents of Belmore Estate are

deeply concerned that if the proposal were to proceed in its current state and

increase the volume of traffic in this location, the potential for an accident to occur

or someone be injured would also increase significantly.


Issues identified associated with the existing use of Tamron Drive, on street parking,

road width design and congestion to Pioneer Street roundabout are not the

responsibility of Catholic Education. This is existing infrastructure approved under a

separate development approval.

A review of the Queensland Government Crash Data from Queensland Roads for the

last available five-year period suggests that there is no existing crash history or

pattern along Tamron Drive or at the Pioneer Street/Tamron Drive intersection. The


MIN/11.04.2018 FOLIO 49538

new car park and associated vehicle access arrangements are not expected to create

safety concerns.

Officers Comments:

The development will be conditioned to extend the 40km per hour school zone

signage to reduce vehicle speeds through the area during school drop off and pick up

times. The school will be extended west along Tamron Drive in line with the

western boundary of the site.

For vehicles to be parked ‘legally’, all wheels are required to be on the road. If cars

observed by submitters are parked on the Tamron Drive footpath at the western

entrance to Belmore Estate, the cars are illegally parked. Tamron Drive is built as a

minor collector road, which allows vehicles to be parked on both sides of the road. It

is accepted that if cars are parked on both sides of Tamron Drive, the travel lane

available for vehicles will narrow, however it is considered that this will assist in

calming the traffic flow in the area.

In addition, as a result of receiving these submissions Council’s Technical Services

have undertaken to investigate if line marking and signage can be installed along the

western entrance to Belmore Estate along the bend in Tamron Drive to restrict cars

being parked in this location during school pickup/drop off times to provide better

visibility at the intersection.

These measures will improve the safety of pedestrians and motorists using the

Tamron Drive/Pioneer Street intersection, however it is important to note that these

traffic conditions currently exist and are not a result of this development application.

A major contributing factor to these issues at the Pioneer Street/Tamron Drive

intersection is that Northview Primary School has insufficient onsite car

parking/drop-off/pick-up area and it would be unreasonable to impose conditions

requiring this developer to undertake any works to improve the current situation.

5. Removal of left-turn lane from new set-down area on Baxter Drive


Consideration should be made to remove the left-turn highlighted in red on Figure 3

(refer to Attachment D – Submitters Proposed Amendments (shown in red box on

plan)) so vehicles must turn right onto Baxter Drive to exit the area. The potential

for congestion at this intersection would be minimal as Tamron Drive is not a major

thoroughfare road, therefore vehicles should not need to wait long before safely

crossing into the opposite lane.


The requested left-turn lane removal at the egress of the Holy Spirit College set-

down facility is not considered to be appropriate from a transport planning and traffic

engineering perspective. Such an amendment could be expected to reduce the

flexibility and robustness of the vehicles access arrangements, while also increasing

congestion within the set-down facility and the external road network. The left-turn


MIN/11.04.2018 FOLIO 49539

restriction is also very difficult to implement from a design perspective. As such,

this amendment has not been considered in the revised functional layout plan.

Officers Comments:

For the reasons outlined by the applicant above, it is recommended that the left-turn

on to Baxter Drive from the Baxter Drive car park remain in place. This left-turn is

part of the Baxter Drive car park upgrade and does not form part of this development

application.

6. Crispin Drive


There is a gate on the western side of the school which goes onto a Mackay Regional

Council easement (refer to Attachment E - Submitters Concerns - Crispin Drive).

There is almost 100 plus cars in this very small and narrow street which is very

dangerous. I fear that a student is going to be run over as it is not a designated

school zone with pickup/drop off facilities.


The traffic Impact Assessment did not consider pick-up activity in the vicinity of

Tolcher Street and Crispin Drive.

No amendments are required and this is also considered to be beyond the scope of

the current application as the application only related to the new Holy Spirit College

car park.

Officers Comments:

This complaint is not related to this development and has been passed on to Mackay

Police for further investigation.

The submissions have not raised issues that would warrant refusal of the application.

The major issue (provision of right turn out of the car park) has been agreed to by the

applicant and will be required as part of the construction of the car park.

RESOURCES IMPLICATIONS

There are no resource implications for Council as a result of this recommendation,

except if either the applicant or submitters appeal Councils decision or conditions of

approval.

RISK MANAGEMENT IMPLICATIONS

Nil.


MIN/11.04.2018 FOLIO 49540

CONSULTATION

External

The proposal was publicly notified as required by the Planning Act 2016. Details of

the submissions received are outlined earlier in this report.

Internal

The application was discussed with representatives from various Departments at the

Development Enquiries Meeting on 27 February 2018.

CONCLUSION

The proposal to provide 247 additional car parking spaces for the Holy Spirit College

will help alleviate traffic congestion at the existing school car parking area in Baxter

Drive and will assist in meeting the high demand for car parking spaces at the

campus. The expansion of the school on to the subject site which adjoins the campus,

is a logical expansion of the school’s facilities. The development will be provided

with landscaping along Tamron Drive and within the car park, and a screen fence will

be maintained between the development and adjoining residences. The development

will therefore not detrimentally impact upon the residential character of the area.

The connection of Tamron Drive to Baxter Drive and the resulting increase in traffic

through the Belmore Estate has been planned and approved since at least 2006. It is

recognised that the connection will represent an increase in the traffic through the

estate, particularly during school drop off and pick up times. However, it must be

noted that this road connection is not the subject of this development application and

will occur in any case under previously approved development applications which

complied with Council’s Planning Scheme. The developers have agreed to provide a

right-turn egress from the car park to encourage motorists to exit the car park via

Baxter Drive rather than travelling west to the Tamron Drive/Pioneer Street

roundabout, which is congested during school drop-off/pick-up times. The

applicant’s traffic impact assessment has demonstrated that the inclusion of the right-

turn exit will decrease vehicles from the car park travelling west by more than 50%.

The application is recommended for approval subject to conditions because it meets

the intent of the Mackay Region Planning Scheme.

PUBLIC PARTICIPATION

The Mayor welcomed the members of the public in the Public Gallery who had

registered to speak to this item on the agenda today and provided an explanation on

the procedure of public participation.

Fran Limmage

Ms Limmage advised she is a resident of Belmore Estate and is concerned with the

traffic flow that will be created on Tamron Drive because of this application. The


MIN/11.04.2018 FOLIO 49541

roundabout on Tamron Drive adjacent to the pickup/drop off area at Northview State

School is quite often blocked with cars wanting to enter this pickup/drop off area.

Currently there is congestion outside the Holy Spirit College along Baxter Drive but

has multiple exist off Baxter Drive. If the traffic is to travel along Tamron Drive

there is only one exit at the Pioneer Street roundabout which is already very

congested. She would like to Council to consider an exit that would allow vehicles to

travel back along Baxter Drive. The only access planned is via Tamron Drive and

currently there is no access to Tamron Drive from Baxter Drive.

Leslie Connolly

Ms Connolly advised she has the same concerns as Ms Limmage and when you try to

navigate through the Pioneer Street roundabout in the morning and afternoons the

vehicles from the stop, drop, go area block this. If there was an emergency the

emergency vehicles would not be able to transverse through the roundabout as it is a

gridlock. With the proposed increase in traffic from this application it will make the

situation even worse.

Justin Peel

Mr Peel advised he was attending today on behalf of the Diocese of Rockhampton for

Catholic Education (Diocese) in the event that there were some submitters that wished

to raise any concerns. The Diocese takes its position in the community very seriously

and considers the submissions seriously as part of the planning approval process. The

Diocese have invested a significant amount of money in purchasing the land for

carparking with the intention to improve the current traffic situation surrounding the

Holy Spirit College. Holy Spirit College raised traffic issues in 2005 and the issues

where investigated with Council's Technical Services department and the solutions

were to extend Tamron Drive, and Tamron Drive was approved for extension and

connection to Baxter Drive as part of a court order decision for Belmore Estate Stage

Three, but that decision encompassed stages one, two and three. As part of the

submission process the Diocese addressed the access and some of the points raised by

residents here today, a right turn egress was added to the carparking configuration to

allow vehicles to move east back on Tamron Drive to Baxter Drive and exit that way.

The Tamron Drive connection is an unrelated issue to this application, the traffic that

would have used Tamron Drive, regardless of the application, and would have entered

it anyway. The carpark will provide additional staff parking to improve the overall

traffic conditions in the area.

The Mayor acknowledged the residents for their attendance at today's Council

Meeting and thanked them for their input on this agenda item.

The Chief Executive Officer (CEO) advised the original Development Application

(DA) for the estate was approved in 2005 and this showed the road connecting

through between Pioneer Street and Baxter Drive as part of the original DA.

Cr May queried Council's intention in regarding the Baxter Drive to Tamron Drive

connection and the work required to be committed to enable this to occur.


MIN/11.04.2018 FOLIO 49542

The Acting Director Development Services (A/DDS) advised there is an access from

Baxter Drive proposed into the carpark as part of this application and once the carpark

in under construction Council will need to consider the existing carpark and the

connection back to Baxter Drive. There is a layout proposed and will be finalised

once the approval is received and under construction.

Cr May queried where this might sit in Council's capital budget.

The CEO advised this project was currently listed to be considered in the 2018/19

budget discussions.


A. THAT Council approve the application for an Education Establishment

(ancillary car park) located at Lot 902 Mackay- Bucasia Road, Mt

Pleasant, described as Lot 902 on SP259166, subject to the following

conditions:

1. Plan of Development

The approved Educational Establishment (ancillary car park)

development must be completed and maintained generally in

accordance with the Plan of Development (identified in the Table

below) and supporting documentation which forms part of this

application, except as otherwise specified by any condition of this

approval.

Drawing Number Issue Prepared by Date

Q137920-04-03 P3 GTA Consultants 04/12/2017

2. Amended Plans Required

Prior to the lodgement of the operational works application the

approved plans of development must be amended to comply with

the following matters:

a) Landscaping in accordance with condition 11;

b) Access changes in accordance with condition 17;

3. Compliance with Conditions

All conditions must be complied with prior to the commencement of

the use on the subject site, unless specified in an individual

condition.


MIN/11.04.2018 FOLIO 49543

4. Compliance with Council Standards

All design and construction for the development must be in

accordance with Council’s Policies, Engineering Design Guidelines,

Standard Drawings and Standard Construction Specifications.

5. Maintenance of Development

The approved development (including landscaping, car parking,

driveways and other external spaces) must be maintained in

accordance with the approved drawing(s) and/or documents, and

any relevant Council engineering or other approval required by the

conditions.

6. Conflict between plans and written conditions

Where a discrepancy or conflict exists between the written

condition(s) of the approval and the approved plans, the

requirements of the written condition(s) will prevail.

7. Notice of Intention to Commence the Use

Prior to the commencement of the use on the site, written notice

must be given to Council that the use (development and / or works)

fully complies with the decision notice issued in respect of the use

(please see attached notice for your completion).

8. Damage

The developer is responsible for the repair of any damage that is

caused to Council’s infrastructure as a result of the construction

works associated with the proposed development. The developer

must make any damage safe and then notify Council immediately.

Council will make the decision as to who will carry out the

rectification works and the timing for the completion of those

works.

9. Car Park Design

The car parking area must be constructed, sealed, line marked and

drained. The car parking must be designed in accordance with

AS/NZS2890.1:2004 Parking facilities Part 1: Off-street car parking

and AS/NZS2890.6:2009 Parking facilities Part 6: Off-street

parking for people with disabilities.

The car park must be lit in accordance with AS/NZS1680.2.1:2008

Interior and workplace lighting and AS/NZS1158.3.1:2005 Lighting

for roads and public spaces.


MIN/11.04.2018 FOLIO 49544

Any car park lighting and other outdoor lighting, must comply with

AS 4282-1997 Control of the obtrusive effects of outdoor lighting.

Details of the car park design must be submitted for assessment as

part of the Operational Works application.

10. Car Park Kerbing

a) A 125mm high vertical concrete kerb must be provided

adjacent to the car parking area.

b) Car parking bays abutting footpaths and landscaping must be

provided with wheel stops.

11. Landscaping

Onsite landscaping must be provided in accordance with the

following:

a) A minimum 2m wide landscaping strip, with species suitable

for sight requirements, must be provided along the full

Tamron Drive frontage of the site, including in front of the

balance land.

b) shade trees must be provided in the car park area at a rate of 1

per 6 car parking spaces.

12. Landscape Plan Required

A detailed site and footpath landscaping plan must be prepared by a

qualified Landscape Designer and must be submitted with the

Operational Works application. The plan must show for all areas

identified on the approved plan of development the following:

a) Landscape specification of sufficient detail so that landscape

works are to be carried out;

b) Plant schedule detailing number of plants, species, pot size

and height at planting;

c) Details of soil and mulch types, including depths, areas of turf,

garden edges and paving finishes;

d) the details of the irrigation system needed at least for

establishment and backflow prevention device.

13. Completion of Landscaping

All of the landscaping works shown on the approved plan must be

completed before the commencement of the use on the site.

14. Use of Balance Area

The balance area has no approved use and is to be kept vacant.

Consequently, the balance area is not to form any part of the


MIN/11.04.2018 FOLIO 49545

operation of the developed area of the site unless approved by

Council via a future Material Change of Use application.

15. Visual Screen Fence

The existing 1.8m high visual screen fence between the site and the

adjoining residential properties to the west must be maintained. The

total cost of maintaining this fencing is to be met by the Developer.

16. Fencing

Any security fencing along the Tamron Drive frontage of the site

must be constructed of a visually appealing material other than plain

chain wire fencing. Minimum acceptable material is

coloured/powder coated chain wire fencing.

If fencing along the Tamron Drive frontage is proposed, the details

are to be included on the Landscaping Plan to be submitted with the

Operational Works application.

17. Car Park Access

Access to Tamron Street must be constructed generally accordance

with the GTA Consultants layout on drawing Q137920-04-03

rev.P3 and to have a minimum Asphalt wearing surface. Car park

Left turn exit lane must be restricted to a frequently use maximum

vehicle of a MRV; Tamron Drive is not an assigned bus route.

Details of the car park access are to be provided in the Operational

Works application.

18. Car Park Stormwater Immunity

The car park must have a Stormwater Immunity of Q5. The design

is to be included as part of the Operational Works application.

19. Speed Control in Car Parking Area

The driveway serving the car park, must feature a physical means of

speed control at the exit point near the front alignment.

20. External Road Signs

Provide a school zone combined sign R4-Q01A, R4-Q01B and R4-

Q01C on Tamron Drive at the western property boundary of Lot

902 on SP259166.


MIN/11.04.2018 FOLIO 49546

21. Parking Signs and Pavement Markings

A sign/signs and pavement markings must be provided directing

drivers to the car parking.

22. Tamron Drive – Baxter Drive Connection

The car park use must not commence prior to Baxter Drive extended

to connect with Tamron Drive and being opened for through

vehicular traffic.

Alternatively, provide an internal temporary sealed connection to

Baxter Drive from the newly constructed Car Park. The temporary

connection is to be maintained for the full construction period of

Baxter Drive extension and the Baxter Drive car park fronting the

school. If a temporary connection is proposed, the details of its

location and formation must be included in the Operational Works

application.

23. Stormwater Drainage

Stormwater from the site shall be collected within the property

boundaries and discharged via an underground system to Council’s

stormwater system. The stormwater discharge points are the 3 stubs

in the stormwater pits located along Tamron Drive.

24. Ponding and Diversion of Stormwater

Ponding of stormwater resulting from the development must not

occur on adjacent sites and stormwater formerly flowing onto the

site must not be diverted onto other sites. The site shall be graded

so that it is free draining.

25. On-Site Detention

An assessment is to be undertaken of the developed (Carpark and

open space) stormwater flows against existing intended residential

use to determine if any on-site detention is required. If on-site

detention is required, a detailed design of the on-site detention

system must be submitted as part of the Operational Works

application.

A note with regards to the OSD maintenance requirements of the

development will be placed on Council’s Rates Database.

26. Site Based Stormwater Management Plan – High Risk

Council’s Stormwater Quality Risk Classification has classified this

development as ‘High Risk’ as defined Mackay City Council’s


MIN/11.04.2018 FOLIO 49547

Engineering Design Guidelines - Soil and Water Quality

Management – Planning Scheme Policy No.15.07.

The SBSMP must be submitted to Council for approval at the time

of submission of the Operational Works application. Assessment of

other components of the Operational Works Application cannot be

finalised until the SBSMP is approved first. If provided, Stormwater

Quality Improvement Devices must be located within the site and

must be of a private nature.

An assessment is to be undertaken of the developed (Carpark and

open space) MUSIC Modelling against existing intended residential

use to determine if additional stormwater treatment is required.

If additional stormwater treatment is required, the applicant must

either construct the additional treatment required or alternatively the

applicant may elect to make a contribution to Council towards the

regional treatment of stormwater quality under Council Policy

‘Voluntary Mechanism for Stormwater Quality Management. The

contribution must be agreed upon between the developer and

Council at the time of payment of the contribution, based on current

rates or policy as adopted by Council.

27. Kerb and Channelling and Underground Drainage

Kerb and channelling and underground drainage must be provided

in accordance with plans approved by Council. The system is to be

designed in accordance with Council’s Engineering Design

Guidelines.

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

Advice:

1. Infrastructure Charges Notice

Pursuant to the Planning Act 2016 and the State Planning

Regulatory Provision (adopted charges) an Infrastructure Charges

Notice relates to this Development Permit, and accompanies this

notice.

2. Local Laws

The approved development must also comply with Council’s current

Local Laws under the Local Government Act 2009.

3. Hours of Work

It is the applicant/owner’s responsibility to ensure compliance with

Section 440R of the Environmental Protection Act 1994, which


MIN/11.04.2018 FOLIO 49548

prohibits any construction, building and earthworks activities likely

to cause audible noise (including the entry and departure of heavy

vehicles) between the hours of 6:30pm and 6:30am from Monday to

Saturday and at all times on Sundays or Public Holidays.

4. Dust Control


Section 319 General Environmental Duty of the Environmental

Protection Act 1994, which prohibits unlawful environmental

nuisance caused by dust, ash, fumes, light, odour or smoke beyond

the boundaries of the property during all stages of the development

including earthworks and construction.

5. Sedimentation Control


Chapter 8, Part 3C of the Environmental Protection Act 1994 to

prevent soil erosion and contamination of the stormwater drainage

system and waterways.

6. Noise During Construction and Noise in General


Chapter 8, Part 3B of the Environmental Protection Act 1994.

7. General Safety of Public During Construction

It is the principal contractor’s responsibility to ensure compliance

with Section 19 (2) Work Health and Safety Act 2011. Section 19

(2) states that a person conducting a business or undertaking must

ensure that the health and safety of other persons is not put at risk

from work carried out as part of the conduct of the business or

undertaking.

It is the responsibility of the person in control of the workplace to

ensure compliance with Section 20 (2) of the Work Health and

Safety Act 2011. Sections 20 (2) states that the person in control of

the workplace is obliged to ensure that the means of entering and

exiting the workplace and anything arising from the workplace are

without risks to the health and safety of any person.

8. Contaminated Land

It is strictly the applicant/owner’s responsibility to source

information regarding contaminated land from the Department of

Environment and Resource Management, Contaminated Land

Section as Council has not conducted detailed studies and does not

hold detailed information pertaining to contaminated land.


MIN/11.04.2018 FOLIO 49549

9. Acid Sulphate Soils

If the proposed works trigger the State Planning Policy 2017 in

relation to Acid Sulfate Soils, a Site Based Acid Sulphate Soil

Management Plan must be prepared by a suitably qualified

professional and submitted to Council for approval as part of the


Council Resolution


Moved Cr Casey Seconded Cr May

Cr Casey advised he was on Council in 2005 when the original proposal for the estate

was approved and it was planned as a three stage development and the link from

Tamron Drive to Baxter Drive was always included in the proposal. He understands

the residents in Belmore Estate concerns but Council has no control over the

intersection at Pioneer Street, and this has nothing to do in relation to this application.

Cr Bonaventura advised he have visited the school many times during his six (6) years

on Council and the same issue is raised in relation to traffic congestion. The ability

for some of this traffic to come along Tamron Drive and exit via Baxter Street is an

advantage.

CARRIED

11.6 MATERIAL CHANGE OF USE - EXTRACTIVE INDUSTRY

(EXPANSION) - LOT 106 BOOMERANG ROAD AND LOT 696

BUSSEYS ROAD, PALMYRA QLD 4751 - DA-2017-122


Date Received: 23 November 2017

Action Officer: Darryl Bibay

Applicant’s Details: Summit Construction Materials Pty Ltd

c/- Pointglen Developments

PO Box 8158s

MOUNT PLEASANT QLD 4740

Proposal: Extractive Industry (Expansion)

Site Address: Lot 106 Boomerang Road and Lot 696

Busseys Road, PALMYRA QLD 4751


MIN/11.04.2018 FOLIO 49550

Property Description: Lot 106 on SP262688 and Lot 696 on

K124900

Owner’s Details: Monique A Bussey-Jensen

Area: Lot 106 is 18.27ha

Lot 696 is 145.99ha


Version 1.1

Planning Scheme Designations::

Zone:

Rural


Submissions: Ten (10) submissions

- Nine (9) properly made

- One (1) not properly made

Referral Agencies: Concurrency- Department of Infrastructure,

Local Government and Planning


Attachment B:

Attachment C:

Locality Plan

Proposal Plan




MIN/11.04.2018 FOLIO 49551


Purpose

The Material Change of Use application is for Extractive Industry – Expansion at Lot

106 Boomerang Road and Lot 696 Busseys Road, PALMYRA QLD 4751. The

application is seeking approval for extraction of up to 1,000,000 tonnes of material

per year from the subject sites, which currently have approval for extraction of up to

100,000 tonnes per year. Extractive Industry in the rural zone triggers an impact

assessable application requiring the application to be publicly notified.

The application received nine properly made submissions and one not properly made,

all objecting to the proposal. The submissions have not raised any grounds that cannot

be appropriately conditioned.

The application is recommended for approval subject to conditions.


The subject sites are located at Lot 696 Busseys Road and Lot 106 Boomerang Road

Palmyra QLD 4751 described as Lot 106 on SP262688 and Lot 696 on K124900

(refer Attachment A – Locality Plans). The sites are zoned Rural and are

approximately 14km south west of the Mackay CBD and are strategically located near

upcoming large road infrastructure projects. The existing use of the Lot 106 is an

approved quarry. Lot 696 is generally vacant, though covered in vegetation with a

number of vehicle tracks traversing the property. Lot 696 also have approval for

extractive industry however operations have not commenced on this site.

The site is surrounded by rural properties and Extractive Industry uses. The nearest

rural residence is located 180m from the nearest subject lot boundary. The owner of

this residence is also the owner of the proposed quarry lots and has provided consent

to this application.

Background

On 20 October 2006 a Development Application was lodged for an Extractive

Industry over 3 lots for 3 separate quarry sites (DA-2006-386). The sites included the

two properties which are the subject of this application. The extractive industry was

proposed to be broken into stages with each quarry being completed prior to starting

the next. The application triggered referral to Department of Natural Resources and

Water, Department of Main Roads and the Environment Protection Agency. All three

concurrence agencies approved the development subject to conditions. The

application required impact assessment and there was one submission and a petition

(signed by 24 individuals affecting approximately 13 properties). Issues raised by the

submitters included traffic, amenity and road upgrades.

The Development Application was taken to Council’s Ordinary meeting on the 22 of

August 2007 for a decision with a recommendation that the development be approved

in part. The recommendation was to approve Quarry 1 (Lot 106) and Quarry 2 (Lot

696) but to refuse Quarry 3. The officer’s report concluded that Quarry 3 did not have


MIN/11.04.2018 FOLIO 49552

access from a sealed road and the proposal to commence Quarry 3 in 10 years’ time

was too long a period between the decision and commencement. The officer’s

recommendation was supported by Council and a Development Permit for Quarry 1

and Quarry 2 was issued.

The use commenced with the applicant extracting from Quarry 1 located on Lot 106.

The extraction for Quarry 1 has recently recommenced; however, no excavation

activity has occurred at the site of Quarry 2.

Pre-lodgement Advice

The applicant sought pre-lodgement advice from Mackay Regional Council on 30

August 2017. Council advised of the support for a Minor Change Application for

temporary increase in extraction and screening tonnage because it was considered the

changes to the existing Development Permit are minor in nature. Subsequent advice

from the Department of Infrastructure Local Government and Planning (DILGP)

indicated that the expansion constituted a new use and a new Material Change of Use

Development Permit is required for the proposed use.

Proposal

The applicant, Summit Construction Materials Pty Ltd, seeks development approval

for the extension of an existing quarry previously approved by Council on the subject

properties. The Busseys Road quarry currently operates in accordance with the

existing approval, DA-2006-386 and Environmental Authority EPPPR00896613 to

allow extraction and screening of materials up to 100,000t/year.

Approval is now sought to increase the permitted tonnage of materials extracted and

screened from the existing quarry to a maximum of 1,000,000 tonnes per year in line

with the Environmental Authority thresholds. This proposed increase will support

existing and future demand from the quarry including upcoming significant State

infrastructure projects, being the Mackay Ring Road Stage 1, and the Bowen Basin

Service Link (Walkerston Bypass Road).

This application seeks permission to extract without staging limitations, which is an

existing condition of DA-2006-386, specifically condition 9.

Condition 9

The proposed quarry will be staged in the following way:

a) Quarry 1 (Lot 676 on K124900) must cease a maximum of 5 years

from the date of commencement. Within 12 months of Quarry 1

ceasing operation, all rehabilitation works must be completed.

b) Quarry 2 must not commence until Quarry 1 has ceased. Once

commenced the use of Quarry 2 must cease a maximum of 5 years

after commencement. Within 12 months of Quarry 2 ceasing

operation, all rehabilitation works must be completed.


MIN/11.04.2018 FOLIO 49553

The applicant has requested to be able to extract from Quarry 1 and Quarry 2 at the

same time because different material is available from each site, therefore the operator

would be able to supply two market segments simultaneously. There is no discussion

of this staging condition in the previous officer’s report and there does not appear to

be any amenity reason why the quarry could not operate from both pits at the same

time.

Essentially this application will supersede the approval granted under DA-2006-386

as it will approve a greater extraction amount and permit operation of both quarry

sites simultaneously.

The application also seeks to clear a section of vegetation located on site, mapped as

Category B on the regulated vegetation and Endangered Regional Ecosystems, and

outside of the current vegetation clearing approvals. It is proposed that an additional

2ha of regulated vegetation be cleared in accordance with the Vegetation

Management Plan. Assessment of the site for operational sustainability and safety has

identified the requirement and advantage to clear the identified 2ha. It is considered

that clearing this area of vegetation cannot be reasonably avoided, as this portion of

regulated vegetation is located on the high point of the proposed extraction zone.

Quarrying around high points is not practical, efficient and has obvious safety issues.

Built Form

Site offices and site facilities, plant laydown and storage and parking area are

proposed on Lot 106 and laydown, storage and maintenance facilities are proposed on

Lot 696 (refer to Attachment B – Proposal Plans).

Access, Egress, Parking and Traffic Impact Assessment

The proposed development does not propose to change existing approved access or

haulage routes from that approved under DA-2006-386, other than the construction of

an access into Lot 696 and an access between to the two sites. Constructed

improvements have previously been made as part of the existing quarry approvals and

include ancillary quarry structures and internal access.

Access to the site is via Boomerang Road to Bells Road. Road improvements were

undertaken in accordance with DA 2006-386. In particular:

• The existing intersection of Bells Road and Boomerang Road was upgraded to a

sealed standard; and

• Boomerang Road was upgraded to a sealed standard from the existing grid.

• Bells Road was upgraded (where necessary) between the intersection of

Homebush-Walkerston Road and the Intersection of Boomerang Road / Bells

Road.

Employees and visitors to the site will be able to park in the vicinity of the

administration building without risk of damage to vehicles.

Existing Plant and Equipment

Major plant and equipment used, or permitted to be used, on site generally includes

(but not limited to):


MIN/11.04.2018 FOLIO 49554

• Shipping container for on-site ‘office’ including workshop supplies;

• Portaloo facility, serviced by a licensed contractor who will lawfully dispose of

the effluent;

• Crushers / screener plants;

• Low loader and Service Trailers;

• Bulldozers;

• Excavators;

• Generators;

• Electric Compressor; and

• Off-road Haulage Trucks.

Hours of Operation

Hours of extraction and processing are 6 am to 6 pm Monday to Saturday, excluding

public holidays.

MACKAY ISAAC WHITSUNDAY REGIONAL PLAN

The subject site is located outside of the regional plan Urban Footprint and within the

Regional Landscape and Rural Production area. The proposal is a consistent use in

the Rural Production area.


The proposed development has been assessed against Council’s Mackay Region

Planning Scheme 2017 and is considered generally consistent with the intent of the

Scheme.

The application has been assessed against the strategic framework and the following

codes.

• Rural Zone Code

• Extractive Industry Code


• Agricultural Land Overlay Code

• Bushfire Hazard Overlay Code

• Biodiversity Overlay Code

• Landscape Character & Image Corridors Overlay Code

• Landslide Hazard Overlay Code

Strategic Framework

The proposed extension to an existing quarry at Busseys Road is considered

consistent with the Strategic Framework of the Mackay Region Planning Scheme

2017. Notwithstanding the existing approved quarry at the subject site, the proposal

specifically aligns with the Strategic Framework.

The proposal is appropriate development which will facilitate supply of materials

required for planned regional and local transport infrastructure upgrades. The existing


MIN/11.04.2018 FOLIO 49555

quarry is appropriately located adjacent to identified quarry resources, and will ensure

the regions environmental, economic, and social vision is supported and enhanced.

• Natural Resource Management

3.6.4 Element – Extractive resources

Protecting extractive resources in the region

1) Key resource areas are protected from encroachment by

incompatible development.

2) The impacts of hard rock extractive industries, such as drilling,

blasting and crushing are mitigated to retain the amenity of nearby

properties.

3) Transportation and haulage routes associated with extractive

resources are protected.

The subject site is more than 50m away from the residential area and is buffered

with vegetation from the sensitive uses from impacts of extractive resource

areas and high impact activities. Haulage routes have been conditioned by

DILGP.

• Strong Economy –

3.9.7 Element - Extractive resource industries and high impact activities

Supporting extractive resources and high impact activities

1) The economic viability and function of extractive industries is

protected.

2) Key resource areas and high impact activity areas are buffered from

sensitive uses.

3) The haulage routes of extractive industries are connected to the

appropriate road hierarchy and provide buffers along such routes to

mitigate impacts on sensitive uses.

4) The health, wellbeing, amenity and safety of communities are

protected from the impacts of air, noise and odour emissions, and

from the impacts of hazardous materials.

The diversity of economic activities is supported through appropriate land uses,

minimising land use conflicts, protection from incompatible development and

protecting economic infrastructure. The extractive industries are supported uses

within the Rural Zone. It is recognized that extraction must be carefully managed

to ensure there are no detrimental impacts to any nearby sensitive land uses,

downstream properties or existing agricultural uses through the impact on

amenity or dispersal of hazardous material.

The extractive industry operations provide construction materials to the

community which support the infrastructure necessary to maintain strong social

structure.


MIN/11.04.2018 FOLIO 49556

The development and, in this case, expansion of extractive industries is supported by

the Strategic Framework and Scheme as a whole as these materials are acknowledged

as valuable resources for the region. When impacts from the proposed extraction

activities can be minimized or removed, extractive industries are supported by the

Scheme.

Overlays

The subject site is affected by the following Overlays:

• Agricultural Land Overlay

• Bushfire Hazard Overlay

• Biodiversity Overlay

• Landscape Character & Image Corridors Overlay

• Landslide Hazard Overlay

An assessment against the Overlays follows:


“The purpose of the code will be achieved through the following overall

outcomes:

a) development that fragments, alienates or diminishes the productive

capacity of agricultural land for agricultural purposes is avoided; and

b) agricultural activities on agricultural land is protected and promoted;

and

c) the full productive capacity of agricultural land for agricultural purposes

is not compromised by the location of sensitive land uses that will prevent

or constrain current or future farming operations.”

A portion of Lot 696 is mapped as agricultural land class A and B in the Mackay

Region Planning Scheme. However, the current use of the property has been for

grazing and there is no evidence of cane production on the property in recent history.

The mapped agricultural land will be removed from potential agricultural production

for the duration of the quarrying activities but will be required to be rehabilitated at

the cessation of quarrying. At this time the land should be once again suitable for

grazing.

It is considered that there is a general non-compliance with the Code due to the loss of

agricultural land from potential production during the quarrying activities. It would

be potentially possible to restrict the quarrying activities from the agricultural land;

however, this would not seem practical to protect an isolated portion of the site for

agricultural use, when the majority of the site that is not regulated vegetation will be

quarried. It is considered appropriate to approve the proposed use on the mapped

agricultural land.



outcomes:


MIN/11.04.2018 FOLIO 49557

(a) development in bushfire hazard areas is located and designed so that:

(i) damage from bushfire events is minimised; and

(ii) it avoids areas with a very high, high and medium risk bushfire

hazard; and

(iii) accessibility and equipment is provided for fire fighting vehicles; and

(iv) safe evacuation during bushfire events can be facilitated;”

The subject site is mapped Medium Bushfire Risk in the Mackay Region Planning

Scheme, generally because Lot 696 is heavily vegetated.

The proposed plan of development on Lot 106 shows proposed offices and site

facilities, plant laydown and storage and parking area (Drawing No 0288-C02 rev B)

and on Lot 696 laydown, storage and maintenance facilities (Drawing No 0288-C01

rev B). The applicant has not addressed the Bushfire Hazard Overlay Code in their

Planning Assessment Report; there are however, general provisions which relate to

Fire Control in their Environmental Management Plan. To ensure safety of people

and property are maintained in the event of a bushfire, a relevant condition is

recommended which requires water storage for firefighting purposes.



outcomes:

a) the ecological integrity and functionality of environmentally significant

vegetation and wildlife habitat areas, waterways and wetlands is

maintained by ensuring that development:

i. retains elements of ecological importance; and

ii. effectively mitigates potential environmental, amenity, hydrologic

and access impacts; and

b) where relevant, the ecological integrity and functionality of

environmentally significant vegetation and wildlife habitat areas,

waterways and wetlands is improved through rehabilitation measures and

enhancing regional ecological connectivity.”

Lot 696 is mapped as Environmentally Significant Vegetation and as containing a

Waterway. However, only 2ha of isolated Environmentally Significant Vegetation

shall be disturbed by the development. In addition, the loss of vegetation has been

accepted and conditioned by DILGP as part of their concurrence agency response.

Therefore, the loss of vegetation is considered acceptable.

The impact on the waterway has not been identified by the applicant in their

assessment of the Overlay. The code states that development avoids being located

within 50m of a waterway. It is therefore proposed to include a condition that the

development may not occur within 50m of the mapped waterway.

As part of the submissions received in relation to the application, concerns have been

raised about the existence of weed species on the site, and in particular sicklepod.

The Department of Agriculture and Fisheries Factsheet states:


MIN/11.04.2018 FOLIO 49558

“These species can invade and completely dominate pastures and other

disturbed areas such as roadsides, fence lines, creek banks and disturbed areas.

They have the potential to become major weeds of many crops within a matter

of two or three growing seasons.

Sicklepod and sennas are unpalatable to domestic stock. However, cattle and

horses will eat mature seed, which can pass through the animal and germinate

in dung. This is the most common manner of seed spread from one property to

another.

Seed reserves of 2000 seeds/m2 of soil have been recorded in dense stands of

sicklepod. These large reserves may germinate at any time of the year under

favourable conditions. Once a seed population develops in the soil, sicklepod

can remain a problem for many years. Seed can remain viable for up to 10

years.

Legal requirements

All three sicklepods are restricted invasive plants under the Biosecurity Act

2014. They must not be given away, sold, or released into the environment

without a permit. The Act requires everyone to take all reasonable and practical

steps to minimise the risks associated with invasive plants and animals under

their control. This is called a general biosecurity obligation (GBO). This fact

sheet gives examples of how you can meet your GBO.

At a local level, each local government must have a biosecurity plan that covers

invasive plants and animals in its area. This plan may include actions to be

taken on certain species. Some of these actions may be required under local

laws. Contact your local government for more information.

Sicklepod has the potential to become a major weed across much of Queensland and

although its current range is extensive, the weed is only in the early stages of its

invasion. The economic impact of this weed could become significant.

Council’s local law officers have recommended the following control measures

placed on the development and included in the applicants Environmental Management

Plan.

• Regular spraying of invasive biosecurity matter to be conducted with

appropriate chemical

• No top soil (150mm depth) to be removed from site

• Any contaminated material to be stockpiled on site and treated

• All roadways, laneways and water courses to be kept weed free

• Create and maintain a 10m weed free buffer zone around perimeter of property

• Create a clean down area for machinery. This area to be bunded and monitored

for invasive biosecurity matter. If found must be treated immediately.

• All equipment must be cleaned before leaving site.

The applicants Environment Management Plan already contains a section that

addresses Weed Management in general; however, the imposition of this condition


MIN/11.04.2018 FOLIO 49559

will reinforce the importance of on-site management of invasive weeds and other

biosecurity matters.

In relation to Councils obligations under the Biosecurity Act 2014, Council has a

biosecurity plan (Mackay Regional Council Biosecurity Plan: 2017-2021). The

purpose of the plan is for Council to have an effective and efficient want to control

invasive biosecurity matter while educating landholders in the importance of

managing pests in their own properties. The plan also helps Council to priorities

where they should be targeting their resources/species to control.

It is considered that with the imposition of these conditions, the development will be

generally compliant with the requirements of the Biodiversity Overlay Code.

• Landscape Character & Image Corridors Overlay Code


outcomes:

a) development in landscape character areas is sensitively located and

designed so that landscape character attributes are maintained; and

b) development adjacent to image corridors enhances the region’s visual

amenity by providing high quality built form and landscaping outcomes.”

The vegetated North and West part of Lot 696 is covered by the Landscape Character

overlay. No works or vegetation removal is proposed within that area and so the

overlay is considered to be complied with.



outcomes:

a) development on steep land is avoided or located and designed so that the

level of landslide hazard risk is minimised; and

b) development does not result in increased landslide hazard risk for

adjoining and nearby sites; and

c) reconfigured lots on steep land provide a usable and accessible building

envelope.”

Both lots contain land that is identified as having a slope of greater than 15%, which

is the trigger for assessment under this Overlay. In relation to Lot 696, no extraction

is proposed in the areas indicated as having steep slopes. On Lot 106, the area

indicated as having steep slopes is currently being quarried. It is considered that the

proposal complies with the overall intent of the code.

A detailed assessment has been undertaken against the following codes:

• Rural Zone Code

• General Development Requirement Code



MIN/11.04.2018 FOLIO 49560

Only the areas of non-compliance and provisions requiring management of conflicts

are discussed below.

• Rural Zone Code

The purpose of the code will be achieved through the following overall outcomes:

“(iii) the zone also accommodates intensive rural activities, extractive industry

(and complementary activities) and other activities requiring a location

outside urban areas due to the amount of land required, the significance

of impacts generated and/or other reasons, if the development does not:

a) diminish the productive capacity of land for rural activities; and

b) result in adverse impacts on the environment or sensitive land uses;

and

c) result in visually obtrusive development that detrimentally impacts

on the rural amenity and landscape character of the area;”

The local government purpose of the zone code is to provide for a range of rural

activities, residential uses that support rural activities and intensive rural activities and

other uses that cannot be located in urban areas. The zone also contains undeveloped

land providing ecological and habitat value.

The proposed development is for an identified use within the purpose of the code and

is not in conflict with Agricultural land uses or supporting farming infrastructure.

Some environmental constraints have been identified onsite and assessed above

against the biodiversity overlay; however, the alternative solutions proposed and

recommended conditions are considered to address those issues.

Therefore, it is considered that the proposal complies with the overall outcomes of the

Rural Zone Code.

• General Development Requirement Code


outcomes:

a) development is efficiently serviced by utility and access infrastructure;

and

b) the integrity and efficiency of existing utility and access infrastructure

systems is maintained; and

c) development provides adequate on-site vehicular access and adequate

parking and servicing facilities for vehicles and parking facilities for

bicycles; and

d) development maintains the amenity of the surrounding area; and

e) sensitive land uses in close proximity to activities generating amenity

impacts are located and designed to mitigate the impacts; and

f) development is protected from inundation by floodwaters, and does not

exacerbate flood impacts on other properties in the surrounding area;

and


MIN/11.04.2018 FOLIO 49561

g) earthworks maintain public safety, environment quality and a high level of

visual amenity; and

h) landscaping enhances the tropical character, visual amenity,

environmental quality and microclimate of sites and streetscapes; and

i) works in public streets enhance the pedestrian amenity, visual amenity

and general usability of streets; and

j) development is designed to reduce opportunities for antisocial and

criminal behaviour.”

The purpose of the General development requirements code is to provide general

requirements regarding infrastructure, amenity, safety and environmental standards

for assessable development. An assessment against the infrastructure requirements is

detailed below:

• Stormwater management will be in accordance with the Stormwater

Management Plan.

• Any waste generated will be incidental and will be disposed of off-site by the

contractors.

• The access track will be formed and drained to provide all-weather access to the

haulage trucks.

• There is adequate area to permit car parking on-site without impacting adjoining

residences. It is recommended that Council condition the car parking area, with

the provision of signage directing the people to the designated area ensures

safety for employees and visitors on site.

• The proposed quarry will operate in accordance with the Environmental

Management Plan to ensure compliance with the Environmental Protection

(Air) Policy 2008.

• The proposed quarry will be conditioned to operate in accordance with the

applicants Environmental Assessment Plan and Environmental Management

Plan relating to noise and in particular the ‘Actual Operation’ scenario in the

Noise Impact Assessment report by Live It Acoustics.

On the basis of the above and the proposed conditions, it is considered that there are

no conflicts with the General Development Requirements Code.



outcomes:

a) extractive industries fulfil a demonstrated need; and

b) extractive industries are located, designed and operated to maintain

public safety, general amenity and landscape character of the

surrounding area; and

c) external haulage routes operate efficiently but do not compromise:

(i) the amenity of areas containing concentrations of sensitive land

uses; and

(ii) the condition of the roads; and

d) a high standard of water quality is achieved within and downstream of the

subject site through the implementation of appropriate water management

techniques; and


MIN/11.04.2018 FOLIO 49562

e) rehabilitation works during and upon cessation of the extractive industry

use results in the previous environmental attributes and usability of the

land being restored and/or improved.”

It is considered that the proposed development complies with most of the acceptable

outcomes of the Extractive Industry Code and are discussed in detail elsewhere in this

report. In summary, conditions are proposed which address amenity of existing

residents, environmental impacts shall be contained to the site or otherwise mitigated,

roadworks necessitated by the development have been included in the conditions and

haulage routes have been conditioned by DILGP.

The main areas of non-compliance identified are the proximity of works to the

northern adjoining neighbours which have dwelling houses on the properties. It is

recommended that no works are to occur within 400m of the existing dwellings in

accordance with AO2.1(b) of the code.

Also, a condition requiring rehabilitation of the site at the cessation of the activity has

been proposed in accordance with AO8.1 and AO8.2 of the code.

ADOPTED INFRASTRUCTURE CHARGES REGIME

Infrastructure Charges are not applicable to the development as there is no gross floor

area or impervious area proposed as part of the operations.


Water & Sewer

The subject site is not connected to Council’s reticulated water or sewer services.

Onsite facilities will be provided by the operator as required by relevant Workplace

Health & Safety legislation.

Roadworks

The applicant is proposing a new access location off Boomerang Road to Lot 696 and

also an internal connection between the two quarry locations crossing Boomerang

Road is proposed.

The increased truck movements on Boomerang Road will result in an increase in

incremental maintenance required to the haul routes. A condition will be applied to

any approval for the applicant to identify additional road maintenance or upgrades

required due to the haulage operations, and to undertake those works.

This information will need to be detailed in the Operational Works application.

Stormwater

It is agreed in principle that stormwater runoff can be managed onsite in accordance

with the applicants Environmental Management Plan. However, it has been


MIN/11.04.2018 FOLIO 49563

conditioned that stormwater runoff from the site shall create no worsening to

downstream properties.

REFERRAL AGENCIES

The development application was referred to the Department of State Development,

Manufacturing, Infrastructure and Planning (DSDMIP) for the following provisions of

the Planning Regulation 2017:

• Planning Regulation Schedule 10 Part 3 Division 4 Table 3 .1 Clearing

Native Vegetation

• Planning Regulation Schedule 10 Part 5 Division 4 Table 2.1

Environmentally relevant activity

• Planning Regulation Schedule 10 Part 9 Division 4 Table 1.1

Infrastructure - state transport infrastructure

The State has approved the use subject to conditions (refer Attachment C – Referral

Agency Response).

SUBMISSIONS


Planning Act 2017, and as a result of this process, nine (9) individually prepared

properly made written submission and one (1) not properly made written submission

was received.

The submissions received, expressed opposition to the proposal. The principle

concerns raised from the submissions are summarised and discussed below.

1. Traffic impacts;

• Road Impacts & Capacity

• Safety

2. Infrastructure provision;

3. Noise and vibration;

4. Dust / air quality;

5. Stormwater Quantity and Quality;

6. Groundwater;

7. Visual amenity;

8. Biosecurity / Pest Management;

9. Flora and Fauna;

10. Public notification issues;

11. Planning scheme conflicts.

1. Traffic Impacts – Road Impacts & Capacity

In summary, the submitters had the following concerns with regards to Traffic Impacts:

• Poor current state of the road and the impact the added traffic will have.

• Additional heavy vehicles will impact on the existing school bus pickup point.

• Existing road is a single lane.


MIN/11.04.2018 FOLIO 49564

• Single lane bridge at Rocky Creek crossing is already dangerous.


Road Impacts & Capacity

A Road Impact Assessment (RIA) has been prepared by SLR Consulting. The RIA

involved the following tasks:

- Inspection of the public road network in the vicinity of the site.

- Collation of data from road authorities describing the existing road conditions and

survey of peak hour traffic volumes to supplement the data held by road authorities.

- Forecast the additional traffic demands likely to be generated by the activities

associated with the project.

- Forecast future design traffic volumes, both including and excluding project traffic

demands.

- Undertake swept path assessments for the study intersections.

- Identification of the project’s potential impact on the State-controlled road

pavement and associated rehabilitation and maintenance contribution.

SLR Consulting determined a contribution payable as a result of increased traffic

generated by the increased traffic demand, to satisfy any additional maintenance

requirements on the existing roadway. Assessment of turning paths and stopping

distances were also undertaken, which determined that the results were within allowable

limits. Furthermore the report did not identify any intersection upgrades required, and

determined that:

“The assessment establishes that the provision of channelised lanes is not required to

provide an appropriate level of safety at the study intersections”

The submissions received appear to be concerned with increased traffic intensity as a

result of the increased extraction limits. As part of the current approval, the existing pit

has been supplying the Mackay Ring Road project for a number of months. Traffic

intensity is generally related to the demand from the specific construction project being

supplied, which is a result of the required timeframe to complete the project.

Increase of the maximum annual extraction limit is not expected to have an increase on

the maximum number of vehicle movements per day, however will allow the upcoming

road infrastructure projects with the construction material quantities required for these

projects. Additionally, it should be noted that the increased extraction limit is sought to

be able to supply other construction projects as they occur within the region.

Some submissions query the need for the increased extraction limit, when there are other

quarries within the region with larger extraction limits. Bussey’s Pit is ideally suited to

the Mackay Ring Road, Walkerston Bypass projects, Industrial projects as well as other

future projects located south of the river. Requiring construction materials to be sourced

from more distant quarries adds stress to the road network and increases road

maintenance impacts and decreases amenity for other parts of the community.


MIN/11.04.2018 FOLIO 49565

Safety Impacts

As detailed above, Stopping Sight Distances, vehicle swept paths & need analysis for

upgrade to Bells Road / Walkerston Homebush Road Intersection and Busseys Road /

Bells Road Intersection was undertaken. The report determined that there was no

requirement to alter these intersections as a result of this DA. Additionally it should be

noted that the one-way bridge over Sandy Creek is currently being upgraded by MRC

with completion anticipated by June 30, 2018.

Also please refer to Road Impact Assessment Mackay Busseys Quarry report dated 21

November 2017 prepared by SLR Consulting. The potential issues raised by submitters

have been addressed within the SLR report.

Officers Comments:

Road impacts are a significant issue in any extractive industry application due to the

additional traffic generation and the applicant has been required to assess and provide

reports on the likely impact on the local roads that will be utilised.

It is recommended to that the proposed access locations off Boomerang Road must be

constructed to accommodate swept paths from the largest design vehicle and the location

must achieve minimum sight requirements. Further, it is recommended to condition to

erect speed signs to mitigate speed in the area.

Conditions will be imposed on any approval that requires the applicant to undertake any

upgrading required to ensure traffic safety on the haul roads under the control of Council.

In relation to Rocky Creek bridge, Council is undertaking upgrade works to commence

imminently, with anticipated completion by 30 June 2018.

In relation to the issue raised about the school bus pick up point; if the approved haulage

route contains a school bus route there should be signage in place already to indicate the

use of the road as a bus route and indicate the location of pickup points. Councils’

Technical Services program will investigate the location of bus routes and pick up points

and arrange for the necessary signage to be installed if not already existing.

2. Infrastructure Provision

In summary, the submitters had the following concerns:

• No infrastructure is available to the site.


Portable water and sewerage currently service the existing quarry and will continue to do

so. Summit Construction Materials successfully manages numerous operations in this

manner with no issues. This practice is consistent with many quarries due to their

remoteness from infrastructure.


MIN/11.04.2018 FOLIO 49566

Officers Comments:

Due to the location of the proposed quarry, the provision of portable water and sewerage

facilities is acceptable and consistent with accepted practice.

3. Noise and Vibration

In summary, the submitters had the following concerns in relation to noise:

• The submitters are concerned with elevated noise levels due to increase operation

• The development will cause added noise to a quiet residential farming area.


Noise Impacts have been assessed in the Environmental Assessment Plan (EAP) and is

summarised below:

A noise impact assessment has been prepared by Live It Acoustics. The report included

monitoring of background noise levels, and modelled alternate scenarios to establish

likely impacts to sensitive receptors. The report determined the most affected sensitive

receptor to be Lot 15 (32) Busseys Road, however;

“Provided Pointglen Developments Pty Ltd undertakes excavation and processing

activities on the Bussey Quarry (Western and Eastern sites) in accordance with the

proposed 'actual' operating scenario, the proposed development will comply with the

established noise criterion.”

Live It Acoustics Noise Impact Assessment is included in Attachment 3 for reference

As no blasting is proposed as part of the application it is not anticipated that vibration

will be a concern, due to the distance between the extraction sites and residences.

The Department of Environment and Science have issued the attached Environmental

Authority, which comprehensively conditions the development to ensure the environment

and community amenity is protected from noise and vibration issues. Refer also initial

application and further State Information Request responses, as forwarded to Council.

Officers Comments:

The potential for noise impact on surrounding sensitive places has been assessed by the

State and conditioned in the Environmental Authority issued by Department of

Environment and Heritage Protection. It is also proposed to include a condition on any

approval that requires the quarry operations to be in accordance with the applicants

Environmental Assessment Plan and Environmental Management Plan relating to noise

and in particular the ‘Actual Operation’ scenario in the Noise Impact Assessment report

by Live It Acoustics.

4. Dust / Air Quality

In summary, the submitters had the following concerns in relation to dust:

• Concern that the increase will add additional dust from the increased traffic and


MIN/11.04.2018 FOLIO 49567

impact on dirt road access not designed to carry large vehicles.


Please refer to Environmental Management Plan Section 18.6, which details management

procedures proposed for the works.

The Department of Environment and Science have issued the attached Environmental

Authority, which comprehensively conditions the development to ensure the environment

and community amenity is protected from dust and air quality issues. Refer also initial

application and further State Information Request responses, as forwarded to Council.

The excavations are proposed to be undertaken by Summit Construction Materials, whom

operate numerous extraction sites across the region within close proximity to nearby

residents, and are experienced in managing dust effects.

Air quality impacts have addressed in the EAP included in Attachment 2. A summary is

below:

The closest nearby sensitive receptor is located at Lot 15 (32) Busseys Road, which is

approximately 220m to the north-east of the eastern extraction area. This residence is the

land owner of the subject properties and gives their consent to the application.

Furthermore, the eastern pit is a well-established pit as part of the current approval which

currently operates effectively in the area.

The next closest nearby receptor is located 280m away immediately north of the western

extraction site boundary. This represents the minimum distance from the sensitive

receptor and it is noted that the quarry will generally progress in a south-westerly

direction as extraction increases into the future. There are no known sensitive receptors in

this direction as the current land use in this area is sugar cane & cattle grazing property.

The site is benefited by the large portion of land which is currently mapped as regulated

vegetation within the north-western portion of the property. As such no extraction is

permitted within this area, which will act as a buffer to protect northern properties from

the prevailing south-easterly winds. The impacts to northern residents can therefore be

considered as minor, provided that appropriate mitigation measures are implemented and

adopted in accordance with the quarry operator’s EMP.

Officers Comments:

As discussed above, it is considered that dust impacts can be effectively managed by the

operator via the methods outlined in their Environmental Management Plan. Further,

dust issues have been appropriately conditioned within the Environmental Authority.

5. Stormwater Quantity and Quality

In summary, the submitters had the following concerns relating to Stormwater Quantity

and Quality:

• Only general stormwater plans have been provided and they are not adequate.


MIN/11.04.2018 FOLIO 49568


Stormwater Quality & Quantity has been addressed in the Site Based Stormwater

Management Plan (SBSWMP). Sedimentation basins have been sized in accordance with

IECA Best Practice Erosion and Sediment Control Guidelines. The SBSWMP outlines

discharge criteria required to be achieved in order to comply with DES requirements.

As per the SBSWMP, disturbance on the site will be staged to minimise sediment runoff.

There will be no Stormwater flooding issues as a result of the development, as detailed in

the EAP Section 3.4

Officers Comments:

As discussed above, it is considered that stormwater quality and quantity can be

appropriately conditioned and a detailed assessment undertaken as part of an Operational

Works application.

6. Groundwater

In summary, the submitters had the following concerns relating to impact on

groundwater:

• Impact on existing residents bores.


Due to the elevation of the proposed site, interference with groundwater is not expected.

Fuels, Oils & chemicals will be stored in accordance with the attached Environmental

Authority (Attachment 4) and as per the EMP to effectively mitigate risk of

contamination of groundwater as a result of the works.

Summit Construction Materials successfully operates numerous quarries including

Busseys pit as per the current approval with no contamination issues to date.

Officers Comments:

It is considered that groundwater will not be detrimentally impacted by the development.

7. Visual Amenity

In summary, the submitters had the following concerns relating to impact on amenity

The change of the development permit application could negatively impact the quality

and character of our property and surrounding areas and the way it functions. The

change of license will add additional noise, dust from the increased traffic and impact on

the dirt road access not designed to carry large vehicles.


The proposed increase in intensity will not impact visual amenity, since the proposed use

is visually identical with the existing quarry approval over the site.


MIN/11.04.2018 FOLIO 49569

The amenity of sensitive receptors in relation to noise, vibration and air are addressed

elsewhere in this response.

Officers Comments:

It is proposed to condition a buffer between the extraction activities and nearby sensitive

receptors.

8. Biosecurity / Pest Management

In summary, the submitters had the following concerns:

• The lot is riddled with a noxious weed called picky bush, parthenium weed, stink

weed, thorn trees, rag weed, sickle pod and no management has been done to date.

• Sicklepod can produce up to 8000 seed’s per year and the seed is viable for up to

20 years.


The proposed intensity of use does not increase the risk of sicklepod spreading, since

quarrying activities can already occur over the site in accordance with the existing

approval.

The existing quarry has comprehensive procedures to manage the spread of noxious

weeds, including sicklepod. Please refer to EMP Section 18.10 (Attachment 5) for

information on management procedures to mitigate any potential issues.

Standard procedures which will be implemented include stripping of all vegetation to a

sufficient depth within the proposed work extent and stockpiling clear of the work area to

ensure that seeds are not spread as a result of the construction works. Topsoil which has

not been in contact with Sickle Pod or other noxious weeds will be selected for use in

order to provide a growing media which does not contain these noxious weeds. Further,

the site will be monitored to manage any Invasive plants which may germinate on site

during the operation.

Officers Comments:

It is proposed to include a biosecurity condition which will address the issue of weed

control onsite.

9. Flora and Fauna

In summary, the submitters had the following concerns

• The development affects the flora and fauna


The site includes mapped Regulated Category B endangered regional ecosystem.

Vegetation and essential habitat was assessed by the State under the State Development

Assessment Provisions - State Code 16.


MIN/11.04.2018 FOLIO 49570

The proposed development was found to comply with the requirements of State codes.

The Referral Agency Response conditions provided to Council include protection of

almost all of the mapped remnant vegetation. Additionally, the State has conditioned a

substantial buffer to the protected remnant vegetation ensuring further protection of the

ecosystem from accidental encroachment.

A small isolated section of Remnant Vegetation will be cleared for operational purposes.

The existing quarry operation is permitted to clear this vegetation under the State’s self-

assessable clearing code “Managing clearing for an extractive industry” regardless of the

outcome of this approval.

Officers Comments:

As discussed above in the assessment of the Biodiversity Overlay, it is considered that

this have been effectively conditioned by the Department as part of the Environmental

Authority.

10. Legislation Compliance (Public notification issues)


• Inadequate signage location

• Incorrect description of ‘Development’ Proposed

• Incorrect signage letter sizing

• Invalid application as an Operational Works was not applied for.


The public notification undertaken for these works satisfies the requirements set out in

the Planning Act, in particular:

- Council have been provided with photographic evidence showing 4 signs were

placed at all subject road boundaries. The photographs show the signs were clearly

visible from the adjoining roads.

- The description in the public notification is appropriate and accurately describes the

proposed use being applied for. A submitter has noted the use description should

include Operational Works. However, the requirement for an Operational Works

application is superfluous to the Material Change of Use. Any planning scheme

requirement for further applications only applies to other requirements, such as

landscaping works or access.

- Signage lettering is correctly sized. Any inconsistency, perceived or otherwise,

would be inconsequential, as demonstrated by the submissions received.

Officers Comments:

Council confirms that it is considered the public notification was adequately undertaken,

as evidenced by the number of submissions received and through the evidence provided

in the notice of compliance of the public notification. The Operational Works component

of the development can be applied for separately as is standard practice.


MIN/11.04.2018 FOLIO 49571

11. Planning Scheme Conflicts


• Non-compliance with the extractive industry code


The proposed increase in intensity of quarry use is consistent with the existing

approved quarry operation and the planning scheme intent. Also:

1. The subject site is zoned Rural and contained within the Hinterland Locality.

Adjoining properties are zoned Rural.

• Extractive industry uses are supported by the overall outcomes of the

Rural Zone Code.

• The increased extraction rates will not significantly alter the existing

approved operation of the quarry.

2. The proposed use is protected by the Planning Schemes Desired Environmental

Outcomes. In particular:

• Biodiversity and Habitat/Natural Features are preserved through the

protection of the sites remnant vegetation.

• Economic Development: The proposed use will improve the economic

viability of Mackay by locally providing much needed material for

significant infrastructure projects.

• Amenity and Community Well-being: Impacts from the proposed increase

in intensity have been examined thoroughly and are discussed elsewhere in

this response. Furthermore, the State has assessed the environmental

impacts of the increased intensity and conditioned the approval for noise,

dust, etc. The proposal will not compromise the intent of this DEO, as

demonstrated elsewhere.

Officers Comments:

As discussed above as part of the planning scheme assessment, Extractive Industry is

supported in rural areas and it is not considered there are any conflicts with the

applicable codes.


Nil.


Nil, with the exception of potential costs involved if an appeal is lodged.


MIN/11.04.2018 FOLIO 49572

CONSULTATION

External

The application was publicly notified in accordance with the Planning Act 2017 and it

has been determined the requirements of the Act has been satisfied in this respect.

Internal

The application was discussed with representatives from various Departments at the

Development Enquiries meeting on 13 March 2018.

CONCLUSION

Quarrying activities have been previously approved on these sites and this application

proposes an increase in the permissible extraction from 100,000 tonnes per year to

1,000,000 tonnes per year.

It is considered that the proposed development is generally consistent with the intent

of the relevant assessment codes and the Planning Scheme in general. Conditions are

proposed to be applied to ensure any impacts are ameliorated or prevented. Further, it

is not considered that the submission received have raised any issues that would

warrant refusal of the application.

The application is recommended for approval, subject to reasonable and relevant

conditions.


A. THAT Council approve the Material Change of Use - Extractive Industry

(Expansion) for a Quarry up to 1,000,000 tonnes per year at Lot 106

Boomerang Road and Lot 696 Busseys Road, PALMYRA QLD 4751 in

accordance with the following conditions:


The approved Extractive Industry development must be completed

and maintained generally in accordance with the Plan of

Development (identified in the Table below) and supporting

documentation which forms part of this application, except as

otherwise specified by any condition of this approval.

Project

Drawing

Title

Drawing

Number

Revision Prepared by Date

Bussey

Quarry

5021-00

Plan of

Development

0288-

C00

B Pointglen

Developments

02/11/2017

Bussey

Quarry

5021-00

Western

Layout

0288-

C01

B Pointglen

Developments

02/11/2017


MIN/11.04.2018 FOLIO 49573

Project

Drawing

Title

Drawing

Number


Bussey

Quarry

5021-00

Eastern

Layout

0288-

C02

B Pointglen

Developments

02/11/2017




condition.






conditions.





5. Damage







works.

6. Extraction Limits

The maximum extraction amount approved is 1,000,000 tonne per

year.

7. Blasting

Extraction by blasting is not permitted.






MIN/11.04.2018 FOLIO 49574



must be given to Council that the use fully complies with the

decision notice issued in respect of the use (please see attached

notice for your completion and return to

[email protected].

10. Hours of Operation

The use may operate only between the hours of 6am to 6pm

Monday to Saturday, excluding public holidays.

11. Dust Control

Dust suppression measures must be undertaken to ensure that dust

does not cause a nuisance to surrounding areas and residents.

All roads/storage areas/external stockpiles/vacant or grazed areas

must be maintained to avoid dust nuisance to any adjacent dwelling

to the satisfaction of the Council.

12. Settlement Ponds

Any settlement ponds to be used for retention of discharged water

must be maintained to ensure that offensive or noxious odours do

not emanate from the site, causing an environmental nuisance.

13. Environmental Management Plan

Operation of the Extractive Industry must be in accordance with the

Environmental Management Plan prepared by Summit Construction

Material Pty Ltd, Project: Bussey Quarry, Job No: 5021-0, Revision

1. Where there are inconsistencies between these conditions and the

Management Plan, the conditions shall prevail.

14. Weed Management

In accordance with the QLD “Biosecurity Act 2014” every person

or organisation has a General Biosecurity Obligation to take all

reasonable and practical measures to prevent or minimise the

biosecurity risk.

Weed management must be undertaken onsite in consultation with

Council’s Pest Management Officer and include:

a) Regular spraying of invasive biosecurity matter to be

conducted with appropriate chemical

b) No top soil (up to 150mm deep) to be removed from site

c) Any contaminated material to be stockpiled on site and treated

mailto:[email protected]


MIN/11.04.2018 FOLIO 49575

d) All roadways, laneways and water courses to be kept weed

free

e) Create and maintain a 10m weed free buffer zone around the

perimeter of the site

f) Create a clean down area for machinery. This area is to be

bunded and monitored for invasive biosecurity matter. If

found it must be treated immediately.

g) All equipment must be cleaned before leaving site.

15. Fuel Storage

Any storage of fuel onsite is to be in accordance with AS1940-

2004-Storage and Handling of Flammable and Combustible Liquids.

16. Works for Mitigating Increment Road Degradation

The applicant shall undertake a road impact assessment of Local

Government controlled roads and intersections, including

Boomerang Road, Bells Road, Walkerton-Homebush Road and

Stockroute Road. The report will be subject to Council approval

and must determine the incremental maintenance requirements as a

result of the predicted increase in traffic volume and impact. The

applicant shall undertake the necessary road works to mitigate the

incremental degradation.

Advice Note:

Council may be prepared to enter into an Infrastructure Agreement

in relation to the works required due to accelerated maintenance

caused by the haulage activities.

17. Access

The proposed access locations off Boomerang Road must be

constructed to accommodate swept paths from the largest design

vehicle and the location must achieve minimum sight requirements.

Access details including adequate traffic control measures should be

provided in the Road Impact Assessment study. This study must be

provided to Council for approval prior to commencement of works.


Stormwater from the site shall be controlled within the property

boundaries and discharged via the existing drainage paths, generally

in accordance with the approved plans. No worsening of

stormwater runoff in terms of quantity, quality and nuisance runoff

(frequent flow causing erosion or unusable wet areas) is to occur at

the discharge point or subsequent downstream properties.

Stormwater detention and stormwater treatment must be provided

appropriately to ameliorate any issues.


MIN/11.04.2018 FOLIO 49576






During the operational phase of the quarry, the runoff from

upstream must not be mixed with the quarry operation area to ensure

the quality of runoff downstream of the quarry satisfies the water

quality objects of the State Planning Policy.

20. Site Based Stormwater Management Plan

Stormwater Quality Best Management Practices (SQBMP) must be

developed and implemented in accordance with Mackay City

Council’s Engineering Design Guidelines – Soil and Water Quality

Management – Planning Scheme Policy No.15.07. As a minimum,

erosion and sediment control must be undertaken.

21. Speed Signs

Provide speed signs to mitigate speed in the area.

22. Site security

Prior to the commencement of the use, the site must be secured to

ensure no unauthorised entry to the satisfaction of Council.

• Security gates shall be installed at all access points.

• Security fencing must be provided around the proposed

development in accordance with the relevant Australian

Standard.

• Signs will be erected on both road frontages at the gate

locations as required.

23. Safety and Warning Signage

A safety and warning sign/signs must be provided, which

communicates information about the facility-related safety issues

and discourage unauthorised access. All signs must:

a) be satisfactorily visible, legible;

b) maintained at all times; &

c) located on the security fence.

24. Minimum Car Parking Spaces

The car parking area must be constructed, and drained for a

minimum of 10 car parking spaces including 1 car parking spaces

for people with disabilities. The carparking must be delineated in


MIN/11.04.2018 FOLIO 49577

some form and signs posted to direct people to the designated

parking area.

25. Provision of Water for Fire-fighting Purposes

Provide an adequate and accessible water supply system for fire-

fighting purposes on site. A minimum of 25,000 litre water storage

is required.

26. Concentration of Flow

Concentration of flow resulting from the proposed development

must not have any adverse impacts on downstream properties and

drainage infrastructure.

27. Site Rehabilitation

Rehabilitation works during, and at the cessation of the extractive

industry use, are provided in accordance with a rehabilitation

management plan which must be provided to Council for approval

prior to the commencement of the use.

The rehabilitation management plan must detail:

a) progressive / staged rehabilitation works; and

b) clean-up works (including areas of possible soil or water

contamination); and

c) works required to ensure landform and soil profiles are stable

and in a usable condition; and

d) revegetation using native plant species; and

e) monitoring for all aspects of the operations impacting on the

environment.

28. Limit of Use

No works associated with the Extractive Industry including but not

limited to operation of machinery, stock piling and extraction are to

occur:

a) within 400m of a sensitive landuse located on Lot 14 on

RP749091 and Lot 15 on RP749091.

b) Within the buffer of the identified waterway onsite.

29. Noise Impacts during operations

The noise generated by the quarry operations must not create

adverse impact to any sensitive land uses. The operation of the

quarry must be in accordance with the applicants Environmental

Assessment Plan and Environmental Management Plan relating to

noise and in particular the ‘Actual Operation’ scenario in the Noise

Impact Assessment report by Live It Acoustics.


MIN/11.04.2018 FOLIO 49578


Advice:

1. Local Laws



2. Dust Control

















with Section 19 (2) of the Work Health and Safety Act 2011. Section

19 (2) states that a person conducting a business or undertaking

must ensure that the health and safety of other persons is not put at

risk from work carried out as part of the conduct of the business or

undertaking.








If the proposed works trigger the SPP 2/02 Planning and Managing

Development in Acid Sulphate Soils, a Site Based Acid Sulphate

Soil Management Plan must be prepared by a suitably qualified


MIN/11.04.2018 FOLIO 49579



7. Further Approvals Required

Operational Works Development Permit – Public/Private

Infrastructure

• Stormwater Quantity and Quality Mitigation Devices

• External Roadworks

Minor Works Permit

• Rural Access





Tony Bugeja

Mr Bugeja queried if it was deemed appropriate that every submitter to an application

receive a registered solicitors letter from the developer if the submitters are only

following Council's requirements for submissions. His property is downstream from

this application and will be effected by waterflow from the application which runs in

between the creek. He has a licenced pumping station pumping water in flood times

out of the creek into a dam. Any contaminated water that flows down the creek will

be pumped and placed into his dam and then reticulated over his farm. Any seeds that

come down the creek will be spread all over his farm. He believes once ground has

been disturbed then sicklepod will explode along with giant rats tail grass, rag weed

and log wood which are all present on the application property. He believes there are

not enough sediments traps and they are not big enough to control the amount of

water that will come through the applicant's property.

Sam Camilleri

Mr Camilleri advised that SJPC Camilleri Family Trust have recently finalised the

leasing of Lot 100, the adjoining property to the application. The property has been

for the past 100 years camping and watering reserve where neighbouring graziers of

the day have open public access to the lagoon for watering stock in drought. The

Department of Environment when the property was offered for lease strongly advised

the trust it was for grazing and grazing only. He is concerned that any contaminated

substance escapes from the applicant's property into the water course his cattle will

have access to this water. He is concerned that the assurance of this not occurring

cannot be guaranteed. He is also concerned with the potential spread of noxious

weeds onto his property and opposes the application.


MIN/11.04.2018 FOLIO 49580

Patricia Julien

Ms Julien advised she lives approximately 5 km north north west of the development

application site and is concerned about the impact of dust. There is no background

baseline monitoring of dust required in this application and would like to see

continuous dust monitoring to ensure the quarry is following the dust standards. She

would also like to see ambient monitoring in the interest of public health.

Michael McEachern

Mr McEachern advised his property borders the development application property and

is concerned that the reports submitted by the applicant were done inhouse rather than

by external independent firms. He is also concerned with the presence of sicklepod

on the property and the material taken off the property will be used on the ring road

which goes through the dress circle of Mackay's cane farms. This could be a very

serious issue for cane farmers if sicklepod is spread. He is concerned with the amount

of dust his property will be forced to endure as a result of this application as he is less

than 200m from the proposed site and one (1) km of his boundary faces the quarry. If

Boomerang Road was fully bitumen and the cattle grid was moved to the end of

Boomerang Road this would assist with reducing the dust levels.

Vic Vassallo

Mr Vassallo advised as the applicant his company does take submitters concerns very

seriously and wanted to respond to some comments made today. He advised the

reports were not prepared inhouse, they were prepared by consultants and engineers

including Cardno and others as well including RPS. The development is a

requirement for an economic area that is growing, Mackay is a growth area and

Mackay needs construction material. Dust and traffic impacts need to be considered

with every quarry application and unfortunately these are not the major concerns

being raised for this applicantion. One of the major concerns is sicklepod which is a

noxious weed. Noxious weeds are abundant and widespread from Carmila through to

Bowen, there are not many properties in Mackay that do not have sicklepod. The

development of the quarry will improve the spread of sicklepod and noxious weeds

through the stripping of the top soil and stockpiling it, sediments ponds and a

management system for biosecurity.



Cr Paton queried once the quarry is finished will the site be rehabilitated.

The Acting Director Development Services (A/DDS) advised there is an existing

Environmentally Relevant Activity (ERA) standard for quarries and includes

rehabilitation of the site when the quarry is completed.

Cr Paton was more concerned with the topography of the land at the completion of the

quarry and if it would be another farm dam or useful land.


MIN/11.04.2018 FOLIO 49581

A/DDS advised the ERA conditions do not relate to if there is a dam or not only that it

must be useable and if there is an area where there is a dam, it controls how that dam

works.

Cr Bonaventura queried the conditions around dust control and if the conditions are

applicable to Council's road reserve.

A/DDS advised the condition is about all activity as a result of the quarry that dust

must be managed. There is also a road degradation condition that refers to all of the

roads as part of this application.

Cr Walker queried what was in the Environment Management Plan (EMP) if as it

states in the officer's comments that the dust impacts being controlled through it.

A/DDS advised there are a number of comments in the EMP including dust and

deferred to the Manager of Development Assessment (MDA) for further comment.

The MDA advised the EMP will address all of the issues including if there is being

dust generated requiring the staff on site to have a water truck spray the haulage areas

or stockpiles to ensure the dust level is maintained if they identify this as an issue.

Also within the EMP if there are complaints received, they address these and record

the information as to time and location of dust nuisance.

The Mayor queried the MDA if he thought the EMP would address Cr Walker's

query.

The MDA advised if the EMP was implemented then yes, Cr Walker's query would

be addressed. The State Government also have conditions in relation to the dust

nuisance legislation and strict requirements around dust generation.

Cr Bella queried if there is any conditioning on where the water that will be used to

suppress the dust will be sourced from. Is that water from a quarantined source, is it

from an area that has infestations, or is it going to be sourced from on-site. This water

will be sprayed over stockpiles and if there is no conditioning on where this water is

going to be accessed from then he is concerned that the EMP is short-sighted and

limited and totally ineffective.

A/DDS advised the water sourcing is up to the operator, but there are two sediment

dams that will be part of this application and part of the weed control Council's pest

management officer will be involved in the weed control.

Cr Bella commented that all that needs to occur is if water is accessed from an area on

site where there is weed and then sprayed on stockpiles this will spread the weeds.

He believes the water needs to be accessed from a quarantined site and not from on

site.

A/DDS advised this is not part of the conditions but this could be included if it is

Councils' wish.


MIN/11.04.2018 FOLIO 49582

Cr Casey advised he is concerned with the degradation of the road surface along

Boomerang Road and Bells Road. His major concern is the intersection at Bells Road

and the Walkerston-Homebush Road as Council has previously approved a quarry on

Walkerston-Homebush Road and the trucks will be travelling along this route. Trucks

going through this intersection are swinging into the other lane to navigate the

intersection and it is a very dangerous situation. When the cane is high the sight lines

are impossible to have a safe entry and exit from Bells Road. Will there be any

conditions to upgrade this intersection or the sight lines.

The Mayor advised there were no conditions to upgrade.

A/DDS advised there is an existing approval over both sites that conditions in the past

to update the intersections for the specifically designed vehicles and was considered

in the previous application. There is a condition in place in this application for the

vehicles to access to the quarry but not the intersection.

Cr Casey advised he understands that but this application multiples this by 10 and that

is the problem and the trucks will be using this route for the next two (2) years.

Cr Bonaventura followed on from Cr Casey's query, at what point does Council

require upgrade of the road. It may have been conditioned for those size vehicles

under previous applications but those vehicles were not as often as they will be as a

result of this application.

The Mayor queried if officers have done any research on the road requirements.

A/DDS advised the applicant had submitted a road impact assessment report and it

did not identify the need for an upgrade.

Cr Bonaventura queried if Council has done any research not just the applicant.

MDA advised Council's Engineering Department have undertaken an impact

assessment and this concurs with the conclusions in the applicants reports that no

additional works are required for the number of movements.

Cr Camm queried the trigger point for potential upgrade of the roads and the threshold

and if Council's Engineering Department's assessment does not warrant an upgrade

can that determination once an approval is granted be changed, amended or reviewed

based upon compliance measures, safety interaction or monitoring of the road.

MDA advised the conditions would need to be reviewed and assessment of the

impacts before the applicant is requested to address the matter.

Cr May advised it was the Councillors observation during their inspection of the site

that the vehicles are not turning within the road as it is, she is curious to understand

how putting more trucks on the road does not warrant an upgrade.

MDA advised the traffic impact assessment bases its designs on the Australian

Standards in terms of movements, each individual driver of the vehicle operates

independently.


MIN/11.04.2018 FOLIO 49583

Cr Bella advised he has concerns in relation to the traffic impact from the increase in

number of movements and if the road does start to deteriorate in any way it is the very

nature of drivers of heavy machinery to try and find the best path. If there is any road

degradation the drivers will deviate from the norm and if there are no conditions to

make sure the road is maintained there is potential for issues. The very nature of

truck and dog movements, it is not the loaded vehicle that causes issues it is more

likely the unloaded vehicle coming back at speed as there is a tendency on uneven

roads for the empty dog to jump around the road and become quite intimidating for

any driving coming in the other direction. Are there any conditions in place to ensure

the maintenance of the road is continually monitored and not moving into an area of

greater risk for the residents who are using this road for their activities.

A/DDS advised condition 16 does relate to works to mitigating increment road

degradation, subject to Council approval, which is an ongoing requirement of what

works are required in relation to road degradation.

Cr Bonaventura queried in relation to the repairs and degradation there are several

quarries using these roads, how does Council confirm which trucks created the

damage in assessing who is responsible for the repairs.

A/DDS advised it will be determined by the vehicles using the road and which quarry

they are working out of. Similar conditions are placed on other quarries.

Cr Bonaventura advised he is unsure how Council can specify how the damage was

caused from trucks from this applicant or a different quarry.

The Mayor advised if all quarries are conditioned the same and Council is aware of

how many movements there are per quarry per day, the upgrade of the road should be

easily proportioned.

Cr Paton advised there appears to be a number of issues that Councillors would like

further investigation undertaken and if a briefing to Councillors was requested what

timeframe would be required by Officers to gather all of this information.

The Mayor advised if Cr Paton wanted additional information the report would need

to lay on the table pending further information and sought clarification from the CEO

if further investigation was required in relation to traffic management, traffic flow,

dust suppression and water use as a vector for weeds and recondition how long would

officers need.

The CEO advised based on the discussions taking place, then officers would need to

investigate these concerns and could take up to four (4) weeks before they are ready

to bring the report back to Council for consideration.

The Mayor advised if Councillors are of a mind to amend the Officers

Recommendation then there needs to be a justification.


MIN/11.04.2018 FOLIO 49584

Council Resolution


Moved Cr Camm Seconded Cr Gee

<RIGHT CLICK> DECISION

Cr Camm advised she would reserve her right of reply.

Cr Bella advised he did not support the Motion. He understands the comments about

development and economic activity but he fails to see why certain businesses, certain

current activities are going to be facing a far greater cost of operation due to this

development. The geography of this quarry is perfect however, situationally there are

some serious questions. He feels the maintenance of the road is a significant risk.

Just because there is pest infestation throughout the region, it does not mean all areas

of the region are infested. It also does not mean quarantine protocols should not be

adopted. He is concerned the biosecurity plan will not control the risk of weed

infestation spread. The wash down facility is only for machines working on site it is

not for trucks and trucks can spread the weeds through the animal dung on the

roadside from animals from this property.

Cr Paton advised he would like to raise a Procedural Motion based on concerns raised

so far by the Councillors.

Procedural Motion

THAT the report lay on the table pending a briefing to Council on the final

topography of the land and the rehabilitation, traffic management plan and

noxious weed control.

Moved Cr Paton

LOST

Crs Camm, Englert, Gee, Mann, May, Walker and Williamson

recorded their vote against the Procedural Motion.

Cr May advised she was speaking in favour of the Motion. In relation to a comment

Cr Bella raised in his argument, the competitive nature of the quarrying business is

not a matter for a planning decision and Council cannot base their decision on this.

Cr Bella wished to raise a Point of Order.

The Mayor asked Cr Bella what his Point of Order was in relation to.


MIN/11.04.2018 FOLIO 49585

Cr Bella advised he did not make any comment with regard to the competitive nature

of quarrying.

The Mayor advised a Councillor cannot interrupt another Councillor with a Point of

Order unless it is on very specific procedural grounds.

Cr Bella advised that what Cr May was saying was an incorrect statement.

The Mayor advised Cr Bella that that was not a Point of Order and asked Cr May to

continue.

Cr May advised she believes the application has been conditioned appropriately,

meets all of the planning requirements and by putting some safe measures in place

where Council can address issues should they arise in the future. In relation to the

biosecurity, this quarry is currently in operation and if there was to be an outbreak of

weeds being transported from the site this would be occurring now. She believes

Council have applied the planning instruments available and conditioned, along with

the State Government, the application appropriately to meet the requirements.

The Mayor clarified for the Councillors what a Point of Order is under the current

Standing Orders - a Point of Order is "A Councillor may ask the Chairperson to

decide a point of order where it is believed that another Councillor has failed to

comply with proper procedure or is in contravention of these Standing Orders or the

Act or is beyond the jurisdictional power of the local government." The Standing

Orders state that "A point of order cannot be used as a means of contradicting a

statement made by a Councillor speaking about a matter".

Cr Casey advised he was not in favour of the Motion due to his concerns with the

road safety of the intersection of Bells Road and the Walkerston-Homebush Road.

Cr Bonaventura advised he was not in favour of the Motion due to road safety. He

advised during his recent inspection of the site he agrees it is an excellent site for a

quarry, however is slightly concerned in relation to the noxious weeds but believes

this could be controlled. The intersection and safety is Council's responsibility and

believes there should be a condition to improve this intersection that will see one

million tonnes per year travel through it.

The Mayor asked Cr Camm if she wished to exercise her right of reply.

Cr Camm advised Councillors had received correspondence from Nina Sandral to

draw Councillors attention to the road safety that has been discussed today,

particularly in relation to school children and the bus routes. She advised it is her

intention to work with the Office of the Mayor and CEO to contact the relevant

stakeholders to discuss the safety of the rural bus routes. In relation to the role of

submitters and applicants she advised she does not condone bullying tactics on any

level and confirmed she had received a copy of the correspondence that was sent to

submitters. She believes Councillors role is clear under the Local Government Act in

assessing development applications and it is to determine a planning scheme that

defines land use. For this reason and Council Officers expertise and their independent

review of this application along with various State Government departments she will


MIN/11.04.2018 FOLIO 49586

be voting in favour of this Motion. Over the next 2-3 years during the construction of

the Mackay Ring Road is going to cause massive impacts to the community but it is

doing this to get more trucks off the roads and by passing our region to result in better

public safety.

The Mayor put the original Motion for voting as follows now the debate was

finalised.

Council Resolution


Moved Cr Camm Seconded Cr Gee

CARRIED

Crs Bella, Bonaventura and Casey recorded their vote against the Motion.

11.7 MATERIAL CHANGE OF USE FOR AN EXTRACTIVE INDUSTRY

- FARM WORKS (DAM) AND TEMPORARY QUARRY FOR THE

REMOVAL OF UP TO 200,000 TONNES OF MATERIAL

(TEMPORARY USE 12 MONTHS) - 92 GLENDARAGH ROAD,

GLENELLA QLD 4740 (LOT 5 ON SP241649) - DA-2017-119


Date Received: 28 November 2017

Action Officer: Shane Kleve

Applicant’s Details: Vella's Civil Construction

c/- Cardno (QLD) Pty Ltd

PO Box 759

MACKAY QLD 4740

Proposal: Material Change of Use - Extractive Industry

- Farm Works (dam) and temporary quarry

for the removal of up to 200,000 tonnes of

material (temporary use 12 months)

Site Address: 92 Glendaragh Road, Glenella

Property Description: Lot 5 on SP241649

Owner’s Details: G.W. Galletly Pty Ltd


MIN/11.04.2018 FOLIO 49587

Area: 30.06Ha


Planning Scheme Designations:

Zone:

Rural


Submissions: Four (4) submissions

Referral Agencies: Concurrence - Department of State

Development, Manufacturing, Infrastructure

and Planning (DSDMIP)


Attachment B:

Attachment C:

Attachment D:

Locality Plan

Proposal Plan


Environmental Authority



MIN/11.04.2018 FOLIO 49588


Purpose

This development application to Mackay Regional Council seeks a Development

Permit for a Material Change of Use for Extractive Industry - Farm Works (dam) and

temporary quarry for the removal of up to 200,000 tonnes of material (temporary use

12 months) at 92 Glendaragh Road, Glenella (refer to Attachment A – Locality Plan).

Submissions have been received and the submitters have raised issues of a planning

and environmental nature relating to the proposed use. The submissions have not

raised any grounds that cannot be appropriately conditioned or that warrant refusal of

the application.

The application is recommended for approval subject to conditions.


The subject site is approximately 10km north-west of the Mackay CBD and has a total

area of 30.06ha. The subject site comprises undulating to hilly terrain. The south-

eastern section of the lot ranges in height of approximately RL 11.7m to 30m AHD.

The site is predominantly used for grazing. Other features include farm sheds, cane

railway and remnant vegetation. The site has frontage to Glendaragh Road, from

which it gains access via a bitumen sealed driveway that extends approximately 12m

into the subject site. An unformed road reserve crosses the site, as detailed in the

Locality Plan. There are no reticulated water or sewer services available to the

property, however electricity is available to the site. There are easements across the

subject site, for access and electricity infrastructure.

The surrounding area is made up of other rural zoned land, including a permanent

quarry (Deguara’s Quarry) to the north, rural uses and Jane Creek to the south, rural

uses and dwellings to the west, and cane railway, dwelling and rural uses to the east.

Two dwellings are located approximately 700m to the south and one residence is

located more than 450m to the north-east. Residences to the west are shielded by the

hill immediately adjoining the quarry site.

Proposal

The proposed activity involves a temporary quarry for the removal of up to 200,000

tonnes of material (temporary use 12 months), and farm works (dam) (refer to

Attachment B – Proposal Plan). The proposed development requires a Material

Change of Use for Extractive Industry to enable the extracted material to be removed

from the site. It is noted that the construction of the farm works (dam) would not

trigger a material change of use if the extracted material was being retained on site

and used as part of the dam construction. The material change of use for the

extractive industry is triggered solely because the applicant intends to use the

extracted material offsite.


MIN/11.04.2018 FOLIO 49589

The proposed activity involves excavation works for the export material from the site

for use on the Mackay Ring Road. The works are temporary, and the applicant has

indicated that they are expected to take up to 200,000 tonnes over a period not

exceeding 12 months. The proposed hours of operation are 6am to 6pm Monday to

Saturday, excluding public holidays.

The extraction and removal will be by mechanical means, including an excavator and

a rotation of haul trucks for removal of the spoil material. No blasting is proposed.

The area of works is approximately 1.5ha, and the extraction site ranges in height

from approximately RL 11.7m (base of excavation) to 30m AHD (top of batter). The

topsoil will be stockpiled and re-spread following completion of the use. It is

proposed that the completed site will be at an approximate height no lower than RL

11.7m AHD (base of dam). A water truck will be available for dust management.

The site has an existing access via Glendaragh Road, which will remain, and no

changes are proposed to this access point. No formal parking is proposed; however,

any cars will be accommodated on site in the proximity of the area of works. No

visitors are anticipated to the site.

MACKAY ISAAC WHITSUNDAY REGIONAL PLAN

The subject site is located outside of the regional plan Urban Footprint and within the

Regional Landscape and Rural Production area.

The regional plan states;

“4.4 Planning and managing agricultural land

Land suitable for agricultural production is identified, protected and managed

to provide for profitable and sustainable use of the resource. Use and

management programs build resilience to, or mitigate, the potential impacts of

climate change.”

It is considered that the farm work (dam) and construction of a temporary quarry will

be an asset to the future use of the site for agricultural purposes.


The proposed development has been assessed against Council’s Mackay Region

Planning Scheme and is considered generally consistent with the intent of the

Scheme.

Strategic Framework

The strategic intent for the various parts of the Council area are outlined in the

Strategic Framework. The subject site is zoned Rural and contains agricultural land,

with the relevant elements below:

“The rural areas are protected from the impacts of urban growth and managed

to sustain their role in providing the natural resource base, maintaining the

landscape function and ecosystem services, and supporting agricultural


MIN/11.04.2018 FOLIO 49590

industries. Rural land is subject to sustainable agricultural practices and

catchment management that controls soil erosion and stream bank stability,

protects riparian vegetation and limits the movement of chemical residues and

nutrients from farms into the aquatic environment.”

“Agricultural land is protected from incompatible uses to prevent loss and

fragmentation of land for agricultural production. Agricultural land is a key

component of the resilience and diverse economic base of the Mackay region,

which includes local food supply and sugar cane production as a dominant

agricultural use.”

The proposed extractive industry is consistent with what is expected in the rural areas.

Further, while the extraction activities will impact on an area of agricultural land it is

considered that the resulting farm dam will facilitate continued and hopefully

improved agricultural opportunities on the site at the completion of the works.

Overall it is considered that the application is consistent with the intent of the

Strategic Framework.

Assessment Benchmarks

The application has been assessed against the following assessment benchmarks of

the Planning Scheme:

• Rural Zone Code



• Acid Sulphate Soils Overlay Code




• Landscape Character and Image Corridors Overlay Code


• Flood and Coastal Hazards Overlay Code

• Regional Infrastructure Corridor Overlay Code

A detailed assessment has been undertaken against the following codes:

• Rural Zone Code



Only the areas of non-compliance and provisions requiring management of conflicts

are discussed below.

Rural Zone Code

The proposal generally complies with the intent of the Rural Zone Code, except for

the Amenity provision PO12.


MIN/11.04.2018 FOLIO 49591

The specific outcome for PO12 states:

“Development does not generate unreasonable levels of noise, odour, dust, air

emission, light or vibration impacts that affect:

(a) adjoining and nearby sites within a residential zone; and

(a) adjoining or nearby site containing an existing sensitive land use.”

There are no acceptable/probable solutions this provision.

The proposal adjoins a sensitive use, a dwelling approximately 450m to the northeast.

Amenity is partly ensured by limiting extraction methods to mechanical extraction

only (no blasting), hours of operation and regular use of water trucks; however, the

proposal does not include a Noise Impact Assessment. In the circumstance that the

quarry was proposed to be a permanent operation in the area it would be appropriate

to condition the provision of a noise impact assessment to demonstrate that the

operations would not create impact on sensitive land uses. However, with proposal

being a temporary approval and the nearest sensitive land use being 450m to the north

north east, it is considered that there is unlikely to be an impact from the operations.

It is noted that DSDMIP requested a noise impact assessment as part of their

assessment and the applicant responded by outlining the nature of the extraction

activity and its temporary nature. The applicant requested that any noise monitoring

be undertaken on a complaint basis due to the location of the activity and the

surrounding primarily rural land uses. DSDMIP accepted this response and did not

require the noise impact assessment to be undertaken. It is considered that this risk

based approach should also be taken by Council in the setting of conditions. A

condition in relation to noise generated by the activity has been included in the

proposed conditions to reinforce the requirement not to cause an environmental

nuisance and that noise monitoring and amendments to operations will be required if

complaints about noise are received and noise exceeds the limits legislated in the

Environmental Protection (Noise) Policy 2008.

It is considered that dust impacts can be effectively managed through the

recommended dust conditions and mitigation methods.

Extractive Industry Code

The proposal generally complies with the intent of the Extractive Industry Code,

except for the Utility Infrastructure and Services provisions: PO1, PO2, and the

Rehabilitation Works provision PO8.


“The extractive industry fulfils a demonstrated need for the resource in

development projects in the region.”


MIN/11.04.2018 FOLIO 49592

The acceptable/probable solution for AO1 states:

“The need for an extractive industry is demonstrated through a report which

details the: (a) type of resource to be extracted and the nature of its use in

development projects in the region; and

(b) proposed rate of extraction; and

(c) market demand for the resource.”

The applicant has not prepared a needs report in this instance. It is considered that the

proposal is considered acceptable, as the proposal is short term (temporary use up to

12 months) and the extraction fulfils a need for fill material that is located in close

proximity of the Mackay Ring Road. The proximity of the material will reduce

haulage impacts and costs.


“The extractive industry is located and operated to maintain public safety and

minimise potential noise, dust, vibration and visual amenity impacts on nearby

publicly accessible areas and sensitive land uses.”

The acceptable/probable solutions for AO2.2 states:

“Extractive industry operation areas are not located within 40 metres of any

boundary.”

The proposed quarry is set back 10m from the boundary of the adjoining temporarily

closed road and 30m from neighbouring properties. The proposal is considered

acceptable, as the nearest dwelling/sensitive use is approximately 450m to the

northeast, and no publicly accessible area is within close proximity of the quarry site.

Conditions are proposed to be applied to address dust impacts, with conditions

proposed to ensure that potential noise impacts will be addressed on a complaint basis

if any are received, which is consistent with the approach taken by DSDMIP.


“Rehabilitation works during, and at the cessation of the extractive industry

use, restore the environmental values and/or useability of the subject site.”

The acceptable/probably solutions for AO8.3 states:

“A bond for the performance of rehabilitation works is provided.”

The applicant is not proposing to provide a performance bond. This is considered

acceptable, as the proposal is short term (temporary use up to 12 months) and the site

will be used as a farm dam when the quarry use has ceased. Further, a rehabilitation

condition has been imposed, ensuring the subject site, other than the farm dam, is

rehabilitated to allow agricultural uses to recommence post operation.


MIN/11.04.2018 FOLIO 49593

General Development Requirements Code

The proposal generally complies with the intent of the General Development

Requirements Code, except for the Amenity provision PO18.


“The acoustic amenity, privacy and liveability of residential areas and sensitive

land uses is maintained by ensuring that:

(a) noise generating development in close proximity to existing and/or future

sensitive land uses is located, designed and operated to minimise acoustic

impacts on the sensitive land use; and

(b) sensitive land uses in close proximity to existing and/or future noise

generating uses are located and designed to ensure minimal acoustic

impacts on the sensitive land use.

The acceptable/probable solutions for AO18.1 states:

“Development is located, designed and operated to achieve the following noise

levels when measured from:

• for proposed sensitive land uses: habitable rooms (assuming open

windows) nearest the noise source; and

• for proposed noise generating development:

- within the nearest habitable room (assuming open windows) of

adjoining / nearby sensitive land uses; and

- 2 metres beyond the boundary of the site and 1.5 metres above

ground level, here the adjoining site is undeveloped and in a

residential zone or intended to accommodate a sensitive land use;

(a) background (L90) + 5dB(A) for variable noise between the hours of

7:00 am to 10:00 pm; and

(b) background (L90) + 3dB(A) for variable noise between the hours of

10:00 pm and 7:00 am; and

(c) background (L90) for continuous noise sources (measured at the

facade of the sensitive use between 7:00 am and 10:00 pm and

within habitable rooms assuming open windows from 10:00 pm –

7:00 am); and

(d) maximum limit LAmax 45dB(A); and

(e) the acoustic quality objectives (internal noise criterion) for the

particular use identified in the Environmental Protection (Noise)

Policy 2008 or, if not listed, the internal sound level design criterion

contained in Australian Standard AS/NZS2107 Acoustics –

Recommended design sound levels and reverberation times for

building interiors.”

The proposal does not include an acoustic impact assessment. The applicant states

that the use is temporary, and that noise impact will be managed through maintaining

a vegetated buffer area to adjoining dwellings, hours of operation will be restricted

and that no blasting is to occur.


MIN/11.04.2018 FOLIO 49594

DSDMIP requested a noise impact assessment from the applicant as part of their

assessment of the environmentally relevant activity component of the application.

The applicant has requested that noise issues be addressed only if complaints are

received due to the location and temporary nature of the operation. This has been

accepted by DSDMIP and it is considered that this approach should also be taken by

Council due to the location and temporary nature of the use. A condition in relation

to noise generated by the activity has been included in the proposed conditions to

reinforce the requirement not to cause an environmental nuisance and that noise

monitoring and amendments to operations will be required if complaints in relation to

noise are received and noise exceeds the limits legislated in the Environmental

Protection (Noise) Policy 2008.

Overlays

The subject site is affected by the following Overlays:

Acid Sulphate Soils Overlay Code

It is considered that the proposal complies with the Acid Sulphate Soils Overlay Code

as the proposed suite of conditions includes a requirement for the applicant to provide

a Site Based Acid Sulphate Soil Management Plan if disturbance of acid sulfate soils

is likely.

Agricultural Land Overlay Code

It is considered that the proposal is generally compliant with the Agricultural Land

Overlay Code. The majority of the subject site is mapped with Agricultural Land

Classification (ALC) A and B in the Mackay Region Planning Scheme. The area to be

developed is approximately 2ha and this is also mainly on land mapped as agricultural

land. However, the farm dam will be used to support agricultural uses on the site

once the quarry use has ceased, and the land outside the dam will be rehabilitated for

agricultural uses after the extraction activity has ceased.

Biodiversity Overlay Code

It is considered that the proposal generally complies with the Biodiversity Overlay

Code, based on the location of the works and the applicants proposed Management

Plans for the operation of the extractive industry.

Bushfire Hazard Overlay Code

It is considered that the proposal complies with the Bushfire Hazard Overlay Code, or

where compliance has not been demonstrated it is not relevant to the activity. The

subject site is mapped in part with high and very high bushfire hazard, however, only

a very small proportion of the high bushfire mapped area encroaches in to the

development area and other than demountable site offices and amenities, there will be

no built infrastructure that could be impacted during a bushfire event.


MIN/11.04.2018 FOLIO 49595

Landscape Character and Image Corridors Overlay Code

It is considered that the proposal complies with the Landscape Character and Image

Corridors Overlay Code. The location of the extraction operation is outside of the

remnant vegetation on the site and it has been conditioned that rehabilitation work is

to be undertaken upon completion of the work on site.

Landslide Hazard Overlay Code

It is considered that the proposal complies with the Landslide Hazard Overlay Code

as the extraction site is located on land with a gradient less than 15%.

Flood and Coastal Hazards Overlay Code

It is considered that the proposal complies with the Flood and Coastal Hazards

Overlay Code. Only a very small part of the operation area is impacted by the overlay

mapping, and the use by its nature would not be effected should the site be flooded

during its operation as a quarry other than the requirement to pump out the extraction

area to allow extraction to recommence.

Regional Infrastructure Corridor Overlay Code

It is considered that the proposal complies with the Regional Infrastructure Corridor

Overlay Code. The site is mapped as containing a cane railway and a powerline

easement.

The powerline that was covered by the easement has been removed from the property

and it is likely that the easement itself will be in the process of being extinguished as

it is no longer necessary.

The cane railway is not located in the area of the extraction and Mackay Sugar have

advised that they have no concerns with the proposed activity, based on the plans

contained in the application material.


Water & Sewer

The subject site is not connected to Council’s reticulated water or sewer services. On-

site facilities will be provided by the operator as required by relevant Workplace

Health & Safety legislation and employee requirements.

Stormwater

The applicant has stated that stormwater quality will be managed within the quarry /

dam, functioning as a sedimentation pond. Overland flow is to be diverted away from

the dam site, ensuring no runoff into the dam during construction. Water collection is

expected to be minimal during the extraction / construction period, which will be

pumped out as required once the sediment has settled.


MIN/11.04.2018 FOLIO 49596

Council maintains erosion and sediment control conditions to comply with the

planning scheme, in addition to the stormwater quality conditions in the

Environmental Authority (EA0001187) by the Department of Environment and

Heritage Protection. The Aurecon Environmental Assessment and Management Plan

requires that the developed stormwater runoff will be returned to pre-developed flow.

Roadworks

The development will be accessed from the existing access point via Glendaragh

Road. The applicant has submitted a Traffic Impact Assessment (31 January 2018,

Aurecon), which recommends a temporary traffic management plan to control ingress

and egress from the site rather than proposing any physical works at the intersection.

It is recommended that a temporary traffic management plan as proposed by the

applicant be conditioned as satisfactory based on the temporary use, and on the

condition the traffic management plan is completed by a qualified person and

approved by Council. This will encourage the temporary use. The intersection safety

will be controlled by the traffic management plan.

Further, it is recommended that a condition be imposed for the works for mitigating

incremental road degradation. The applicant shall undertake a road impact assessment

of Local Government controlled roads that form part of the haulage route, such as

Glendaragh Road and determine the incremental maintenance requirements as a result

of the predicted increase in traffic volume and impact. The Road Impact Assessment

must be submitted to Council for approval. The applicant shall undertake the

necessary road works to mitigate the incremental degradation.

Dust suppression is detailed in the Environmental Assessment and Management Plan

by Aurecon and is conditioned in the Environmental Authority Permit. It is

recommended that Council condition these aspects of the development accordingly.

REFERRAL AGENCIES

The application was referred to the Department of State Development, Manufacturing,

Infrastructure and Planning (DSDMIP), as a concurrence agency, for the following

triggers:

• Planning Regulation 2017, Schedule 10, Part 9, Division 4, Subdivision 1:

Infrastructure – State Transport Infrastructure.

• Planning Regulation 2017, Schedule 10, Part 5, Division 4: Environmentally

Relevant Activity (ERA) 16.

The application was also referred to Powerlink, acting as an advice agency, for the

following trigger:

• Powerlink Easement in proposed area

The DSDMIP and Powerlink have approved the use subject to conditions (refer to

Attachment C – Referral Agency Responses).


MIN/11.04.2018 FOLIO 49597

ADOPTED INFRASTRUCTURE CHARGES REGIME

Infrastructure Charges are not applicable to the development as there is no gross floor

area or impervious area proposed as part of the operations.

SUBMISSIONS


Planning Act 2016, and as a result of this process, four (4) submissions were received.

The submissions received, expressed concern about the proposal. The principle

concerns raised from the submissions are summarised under the following headings

and discussed below.

1. Dust;

2. Traffic Impacts;

3. Noise;

4. Impacts on the Surrounding Environment;

5. Infrastructure Provision;

6. Dam;

7. Approval Period and size of extraction area;

8. Planning Scheme Intent and Need of Quarry;

9. Legislation Compliance; and

10. Conflict of Interest.

1. Dust

In summary, the submitters had the following concerns in relation to dust: -

• Concern of increase in dust in existing nearby dwellings.

• Dust can have a detrimental impact on health in humans, wildlife, livestock,

vegetation.


“A Water truck will be maintained at the site to manage dust as required. Complaint

management procedures have been detailed in the common material.”

Officer’s Comments:

It is considered that dust impacts can be effectively managed through the

recommended conditions. A detailed description of the potential airborne dust

generation and greenhouse gas emission impacts and the proposed mitigation

measures for dust/air quality control is included in section 3.3 Air Quality of the

Environmental Assessment and Management Plan prepared by Aurecon dated 31

January 2018. The mitigation measures outlined in the Management Plan have been

recommended to be conditioned.

2. Traffic Impacts

In summary, the submitters had the following concerns with regards to Traffic


MIN/11.04.2018 FOLIO 49598

Impacts:-

• Speed limit to be reduced as a result of the extra heavy traffic along

Glendaragh Road

• Temporarily closed road and provision of access to neighbouring Lot 4 on

RP910713

• Traffic dangers on the Bruce Highway

• Tramline concerns


“It is proposed that a traffic management plan be put into place for management of

trucks along Glendaragh Road – a defined KRA transport route. The traffic plan will

take speed management into consideration.”

“The road reserve is not misrepresented in the application. Furthermore, the

application does not prevent use of the road.”

“Bruce Highway: The application has been referred to the DTMR via SARA, who

has provided a Concurrence Response approving the development application.”

“The excavation and dam will not impact on the safety or use of the tramline. Refer

to comments below:

• The dam is exempt development being for agricultural purposes. However, the

dam is mentioned in the development application for completeness and is

relevant to determine rehabilitation works required at the completion of the

project. Should the dam overtop, flows will not be greater than pre-

development flows as there is no increase in impervious area. The approximate

volume of the dam will be 24ML.

• The dam will only have a small effect on surface flows in the immediate vicinity

of the dam.”

Officer’s Comments:

The Traffic Impact Assessment by Aurecon dated 31 January 2018 recommends to

retain the existing property access, and to adopt a Traffic Management Plan with

associated controls in place, such as reduced speed signage, warning signs, UHF, and

manned traffic control. It is recommended that a condition to this effect be imposed.

Lot 4 on RP910713 has legal access through an easement via Larkins Road

(Easement G on RP 910713, specifying that Easement G is for Right of Way

purposes). As such, there will be no change to the current access arrangements for

the surrounding properties.

As mentioned above, the application was referred to Department of Main Roads via

SARA. A response was received approving the application with conditions.

Advice has been received from Mackay Sugar Limited, who advised that from a cane

railway point of view, the proposal does not present concerns.

In summary, it is considered that the traffic impact concerns can be appropriately


MIN/11.04.2018 FOLIO 49599

conditioned.

3. Noise

In summary, the submitters had the following concerns in relation to noise: -

• The development will cause added noise to the nearby residents, livestock and

wildlife.


No response received regarding noise.

Officers Comments:

The proposed quarry is situated south/southwest from the nearest residence,

approximately 450m away. Prevailing winds in the area tend to come from the

south/southeast, i.e. towards the residence, and operation hours of 6am to 6pm

Monday to Saturday has potential to increase the noise levels in the area. The

Environmental Authority (refer to Attachment D – Environmental Authority)

conditions noise impacts, based on not causing environmental nuisance to any

sensitive place. DSDMIP has accepted the applicants request for noise monitoring to

be required only if complaints are received by the relevant State department. It is

considered that due to the location of the activity and its temporary nature, that

Council should follow the State in leaving noise issues to be addressed as and when

complaints are received. A condition in relation to noise generated by the activity has

been included in the proposed conditions to reinforce the requirement not to cause an

environmental nuisance and that noise monitoring and amendments to operations

will be required if complaints are received and noise exceeds the limits legislated in

the Environmental Protection (Noise) Policy 2008.

4. Impacts on the Surrounding Environment

In summary, the submitters had the following concerns in relation to impact on the

surrounding environment: -

• Impacts to the Jane Creek ecosystem

• Impacts to the local flora and fauna

• Spread of noxious weeds


“It is not expected that there will be any significant intermittent or residual impact

on Jane Creek or the wider reef catchment. Refer to comments below:

• The dam is exempt development being for agricultural purposes. However, the

dam is mentioned in the development application for completeness and is

relevant to determine rehabilitation works required at the completion of the

project. Should the dam overtop, flows will not be greater than pre-

development flows as there is no increase in impervious area. The approximate

volume of the dam will be 24ML.

• The dam will only have a small effect on surface flows in the immediate vicinity


MIN/11.04.2018 FOLIO 49600

of the dam.”

“The subject site is not designated as an essential habitat area or regulated

vegetation. Therefore, there is no implication on the development beyond the general

environmental duty of care.”

“Prevention of potential weed spread can be conditioned as relevant.”

Officers Comments:

The application has been assessed by the Department of Environment and Heritage

Protection and an Environmental Authority has been issued, which sets out

legislative requirements and conditions that the applicant must comply with. Further,

it is recommended that a condition be imposed to require rehabilitation of the site at

the completion of the approved extraction via a rehabilitation plan.

Council’s local law officers have recommended that if noxious or invasive weeds or

other biosecurity risk is identified on the site, the following control measures be

conditioned on the development and included in the Environmental Management

Plan.

• Regular spraying of invasive biosecurity matter to be conducted with

appropriate chemical

• No top soil (150mm depth) to be removed from site

• Any contaminated material to be stockpiled on site and treated

• All roadways, laneways and water courses to be kept weed free

• Create and maintain a 10m weed free buffer zone around perimeter of property

• Create a clean down area for machinery. This area to be bunded and monitored

for invasive biosecurity matter. If found must be treated immediately.

• All equipment must be cleaned before leaving site.

5. Infrastructure Provision

In summary, the submitters had the following concerns about infrastructure

provision: -

• No infrastructure is available to the site.


No response was received by the application regarding infrastructure provision

Officers Comments:

Due to the remote nature of some extractive industries it is not unusual that they do

not have access to reticulated infrastructure.

6. Dam

In summary, the submitters had the following concerns about the proposed Dam: -

• What is the size of the Dam


MIN/11.04.2018 FOLIO 49601

• The location of the Dam

• Dam’s effect on Bore

• Environmental impacts as a result of the Dam


“The dam is exempt development being for agricultural purposes. However, the dam

is mentioned in the development application for completeness and is relevant to

determine rehabilitation works required at the completion of the project. Should the

dam overtop, flows will not be greater than pre-development flows as there is no

increase in impervious area. The approximate volume of the dam will be 24ML.”

“Agriculture is not regarded as a sensitive land use. The extraction site is beyond the

required separation distances to sensitive uses (e.g. dwelling houses) specified in the

Planning Scheme for extractive industries not involving blasting.”

“The proposed dam will decrease runoff, as it does not introduce any impervious

areas, but instead will capture a proportion of the natural flow into the dam. The

diversion drains will be designed and approved through a sediment and erosion

control plan, to be prepared as part of the subsequent Operational Works detailed

design requirements”

“The dam will only have a small effect on surface flows in the immediate vicinity of

the dam.”

Officers Comments:

It is noted that the construction of the farm works (dam) would not trigger a material

change of use if the extracted material was being retained on site and used as part of

the dam construction. The material change of use for the extractive industry is

triggered solely because the applicant intends to use the extracted material offsite.

7. Approval Period and Size of Extraction Area

In summary, the submitters had the following concerns about the life of the

approval: -

• Is it a temporary quarry?

• An approval allows for the entire site to be used


“Approval is sought in accordance with the proposed plan of development, which is

specific to the area of the property where the work is proposed.”

Officers Comments:

It is recommended that conditions be imposed specifying clearly that the use is

temporary only, up to 12 months, and up to 200,000 tonnes of material can be

extracted. Further, it is recommended that a condition specifies that only the area

clearly outlined on the plan of development can be extracted. Such restrictions are in


MIN/11.04.2018 FOLIO 49602

place in the environmental authority as well as the recommended approval

conditions. No extraction will take place outside this mapped area.

8. Planning Scheme Intent and Need for Quarry

The submitters had concerns about planning scheme intent and the need of the

proposal.


“The Town Planning Report by Cardno addresses the planning scheme intent and

concludes that the proposed extractive industry and farm dam is a consistent use.

Refer to Section 6 of the report for discussion.”

“The development proposal is considered to be consistent with the Planning Scheme.

Accordingly, it is not relevant to consider need.”

Officers Comments:

The proposed use is consistent with the intent of the Mackay Region Planning

Scheme. The applicant has not prepared a needs report in this instance. The proposal

is considered acceptable, as the proposal is short term (temporary use up to 12

months). The extraction fulfils a Queensland Government need for clean fill in close

proximity of the Mackay Ring Road.

9. Legislation Compliance

In summary, the submitters had the following concerns: -

• Public Notification was not undertaken in accordance with the legislative

requirements as the dates on the notices were inconsistent.

• Incorrect description of proposed activity

• Incorrect referral process

• Invalid application as an Operational Works was not applied for.


“Public notification has been carried out in accordance with the requirements of the

Planning Act and associated DA Rules.”

“The application has been confirmed as being properly made by the Mackay

Regional Council as the Assessment Manager.”

“The application has been properly referred to the State for assessment of State

Codes.”

Officers Comments:

Council is satisfied that the public notification was adequately undertaken, as

evidenced by the number of submissions received. The description of the proposed

activity is correct in accordance with the Mackay Region Planning Scheme. The


MIN/11.04.2018 FOLIO 49603

State has responded as a Concurrence Agency to the application, and as such it is

considered that the correct referral process has been undertaken. The Operational

Works component of the development can be applied for separately as is standard

practice, however, it is considered that an operational works application is not

applicable in this instance.

10. Conflict of Interest

The submitters had concerns about conflict of interest with Aurecon and Stage 1 of

the Ring Road project.


“Aurecon have been engaged to provide technical reporting only, and it is not their

scope to address town planning matters.”

Officers Comments:

Council officers are satisfied that the report from Aurecon is independent of Stage 1

of the Ring Road project.

It is considered that the submissions have not raised any issues of sufficient concern

to warrant refusal of the application.


Nil.


Nil, other than if an appeal is lodged by the applicant or submitters in response to the

approval or its conditions.

CONSULTATION

External

The application was publicly notified in accordance with the Planning Act 2016 and it

has been determined the requirements of the Act has been satisfied in this respect.

Internal

The application has been tabled at Council’s internal development enquiries meeting

where the proposal was considered appropriate rural development in this rural

locality.


MIN/11.04.2018 FOLIO 49604

CONCLUSION

This proposal for an Extractive Industry - Farm Works (dam) and temporary quarry

for the removal of up to 200,000 tonnes of material (temporary use 12 months) is

recommended for approval, as it is considered that any conflicts with the Planning

Scheme are not sufficient to warrant refusal of the application.

The proposed extractive industry will fulfil a need that exists for quarry material for

stage 1 of the Mackay Ring Road project, and therefore it is considered that there is a

need for the proposed development. The nature of the use means that it must be

located where appropriate quarry material exists.

The concerns raised by submitters, particularly in relation to dust, noise, traffic and

impacts on the surrounding environment can be appropriately conditioned. It is

important to note that the farm dam aspect of the proposal does not require an

approval from Council and the proposed quarry is temporary only and has been

conditioned to cease in 12 months from the commencement of the use or when 200,00

tonnes of material has been extracted, whichever comes first. Any extension of this

time period, or extraction limit, will require a separate application to Council.

The application is recommended for approval, subject to conditions.


A. THAT Council approve this an Extractive Industry - Farm Works (dam)

and temporary quarry for the removal of up to 200,000 tonnes of material

(temporary use 12 months) at 92 Glendaragh Road, Glenella, QLD 4740

in accordance with the following Assessment Manager conditions and

Assessment Manager Advice:


The approved Extractive Industry development must be completed

and maintained generally in accordance with the Plan of

Development (identified in the Table below) and supporting

documentation which forms part of this application, except as

otherwise specified by any condition of this approval.

Project

Drawing

Number


Lot 5 SP241649

92 Glendaragh Road

0001 C Aurecon 26.02.18

Lot 5 SP241649

92 Glendaragh Road

0004 C Aurecon 26.02.18

Lot 5 SP241649

92 Glendaragh Road

0005 C Aurecon 26.02.18

Lot 5 SP241649

92 Glendaragh Road

0006 B Aurecon 26.02.18

Lot 5 SP241649

92 Glendaragh Road

0007 B Aurecon 26.02.18


MIN/11.04.2018 FOLIO 49605

Project

Drawing

Number


Lot 5 SP241649

92 Glendaragh Road

0008 B Aurecon 26.02.18




condition.






conditions.

4. Blasting

Extraction by blasting is not permitted.







must be given to Council that the use fully complies with the

decision notice issued in respect of the use (please see attached

notice for your completion and return to

[email protected]).

7. Temporary Approval

This approval will lapse at the sooner of:

a) 12 months from the date of the commencement of the use.

OR

b) Maximum extraction of 200,000 tonnes is reached.

mailto:[email protected]


MIN/11.04.2018 FOLIO 49606

8. Hours of Operation

The use may operate only between the hours of 6am to 6pm

Monday to Saturday, excluding public holidays. Extractive activities

must not be conducted on public holidays.

9. Settlement Ponds

Any settlement ponds to be used for retention of discharged water

must be maintained to ensure that offensive or noxious odours do

not emanate from the site, causing an environmental nuisance.

10. Dust Control

All roads/storage areas/external stockpiles/vacant or grazed areas

must be maintained to avoid dust nuisance to surrounding areas,

including any adjacent dwelling or sensitive land uses to the

satisfaction of the Council.

The mitigation measures listed in the Environmental Assessment

and Management Plan by Aurecon dated 31 January 2018 must be

strictly adhered to. These include, but are not limited to:

• Utilise fuel efficient vehicles

• Avoid idling vehicles where possible

• Turn off vehicles when not in use

• No burning of wastes on site

• Landscaping and rehabilitation of site will occur as soon as

possible following staged extractive activities

• Dust generating areas will be watered down on a regular basis

• Minimise or cease earthworks in periods of high winds

• All vehicles will observe speed limits

• All trucks transporting material to and from the site will cover

their loads

• Regular observations of site conditions to occur to determine

if dust is an issue and mitigation measures will be applied as

appropriate

• Record all dust complaints on Incident Notification Report

• Confine traffic to designated tracks and haul roads

• Avoid stockpiling extracted material

• Limit topsoil stockpile heights and regularly water down to

prevent dust emissions (until natural topsoil stockpile

regrowth grass cover is established.

• If requested by DEHP, conduct dust monitoring to investigate

a complaint

• Any material (i.e. dirt) spilt or tracked into external roads will

be cleaned up and removed.


MIN/11.04.2018 FOLIO 49607

11. Environmental Management Plan

Operation of the Extractive Industry must be in accordance with the

Environmental Assessment and Management Plan prepared by

Aurecon dated 31 January 2018. Where there are inconsistencies

between these conditions and the Management Plan, the conditions

shall prevail.

12. Weed Management

In accordance with the QLD “Biosecurity Act 2014” every person

or organisation has a General Biosecurity Obligation to take all

reasonable and practical measures to prevent or minimise the

biosecurity risk.

Weed management must be undertaken onsite in consultation with

Council’s Pest Management Officer and include an initial joint

inspection of the site with the operator and Councils Pest

Management Officer to investigate the proposed quarry location to

identify the possible presence of weeds or other Biosecurity risk. If

any risk is identified the following requirements must be

implemented:

a) Regular spraying of invasive biosecurity matter to be

conducted with appropriate chemical

b) No top soil (up to 150mm deep) to be removed from site

c) Any contaminated material to be stockpiled on site and treated

d) All roadways, laneways and water courses to be kept weed

free

e) Create and maintain a 10m weed free buffer zone around the

perimeter of the site

f) Create a clean down area for machinery. This area is to be

bunded and monitored for invasive biosecurity matter. If

found it must be treated immediately.

g) All equipment must be cleaned before leaving site.

13. Fuel Storage

Any storage of fuel onsite is to be in accordance with AS1940-

2004-Storage and Handling of Flammable and Combustible Liquids.

14. Site security

Prior to the commencement of the use, the site must be secured to

ensure no unauthorised entry to the satisfaction of Council.

15. Extraction Limits

The maximum extraction amount approved is 200,000 tonnes.


MIN/11.04.2018 FOLIO 49608





17. Damage







works.

18. Access

The existing access must be utilized for ingress and egress from the

site.

19. Traffic Management Plan

A Traffic Management Plan must be prepared by a Registered

Professional Engineer of Queensland (RPEQ) with competency in

traffic engineering and submitted to Council for Approval. This

report must include the incremental traffic generation due to the

proposed quarry operation.

The approved Traffic Management Plan must be implemented at all

times during the operation of the approved use.

20. Works for Mitigating Incremental Road Degradation

The applicant shall undertake a road impact assessment of Local

Government controlled roads that form part of the haulage route,

such as Glendaragh Road, and determine the incremental

degradation and maintenance requirements as a result of the

predicted increase in traffic volume and impact. The Road Impact

Assessment must be submitted to Council for approval. The

applicant shall undertake the necessary road works to mitigate the

incremental degradation.

Advice Note:

Council may be prepared to enter into an Infrastructure Agreement

in relation to the works required due to accelerated maintenance

caused by the haulage activities.


MIN/11.04.2018 FOLIO 49609


Stormwater from the site shall be controlled within the property

boundaries and discharged via the existing drainage paths, generally

in accordance with the approved plans and Sections 3.5 and 3.7 of

the Environmental Assessment and Management Plan prepared by

Aurecon (dated 31 January 2018, Reference 501663).

No worsening of stormwater runoff in terms of quantity, quality and

nuisance runoff (frequent flow causing erosion or unusable wet

areas) must occur at the discharge point or subsequent downstream

properties. Stormwater detention and stormwater treatment must be

provided appropriately to ameliorate any issues.






During the operational phase of the quarry, the runoff from

upstream (north of the site) must not be mixed with the quarry

operation area to ensure the quality of runoff downstream of the

quarry satisfy the water quality objects of the State Planning Policy.

23. Site Based Stormwater Management Plan

Stormwater Quality Best Management Practices (SQBMP) must be

developed and implemented in accordance with Sections 3.5 and 3.7

of the Environmental Assessment and Management Plan prepared

by Aurecon (dated 31 January 2018, Reference 501663).

24. Water Supply/Sewage Treatment

Potable water supply and sewage treatment are to be supplied to

site, if required, in accordance with the relevant codes and

guidelines.

25. Site Rehabilitation

At the completion of the approved extraction activity and

commencement of use of the farm dams, rehabilitation of the

construction area must be undertaken generally in accordance with

Section 3.12 of the Environmental Assessment and Management

Plan prepared by Aurecon (dated 31 January 2018, Reference

501663) and to the satisfaction of Council and include but not be

limited to


MIN/11.04.2018 FOLIO 49610

a) Clean-up works including area of possible soil contamination

by fuels or weeds etc.

b) Landform and soil profiles which approximate those which

were pre-existing on the site (excluding the dam areas and

associated stormwater infrastructure).

c) Monitoring for all aspects of the operations for 12months

d) Providing a stable and sustainable land form upon the

cessation of operations

e) The disturbed areas are to be suitable for the future land use.

26. Noise Impacts during Operations

Noise generated by the quarry operations must not create an

environmental nuisance to any sensitive place or land use as defined

in the Environmental Protection Act 1994 and Environmental

Protection (Noise) Policy 2008.

Should complaints be received about noise generated by the

operation of the approved use the applicant must undertake noise

monitoring to assess the noise generated by the activity. If the noise

levels exceed the level permitted by the Environmental Protection

(Noise) Policy 2008, the operator of the quarry must amend the

operations or equipment used on site to ensure the noise levels are

not exceeded.


Advice:

1. Infrastructure Charges Notice

The approved use does not include any additional gross floor area or

impervious areas. Accordingly, no Infrastructure Charge will be

levied.

2. Local Laws



3. Dust Control








MIN/11.04.2018 FOLIO 49611











with Section 19 (2) of the Work Health and Safety Act 2011. Section

19 (2) states that a person conducting a business or undertaking

must ensure that the health and safety of other persons is not put at

risk from work carried out as part of the conduct of the business or

undertaking.








If the proposed works trigger the State Planning Policy 2017 in

relation to Acid Sulfate Soils, a Site Based Acid Sulphate Soil

Management Plan must be prepared by a suitably qualified







Anne Agius

Advised there are a number of oversights in this report and she would like to address

them today.

1) Road Access


MIN/11.04.2018 FOLIO 49612

The Noonan farm is made up of two lots, the home on lot 4 and cattle and sugar land

on lot 6. The quarry application on lot 5 restricts road access from Glendaragh Road

to the Noonan home and land on lot 4. The access route from Glendaragh Road is not

a gazetted road but for the past 50 years it is the track used by farmers. Access from

Glendaragh Road is the only access the Noonan farm can legally bring in truck loads

over 10 tonnes as there is a 10 tonne truck limit on Richmond Road making access

through Larkin Road illegal.

2) Gates

The application states the it does not prevent use of the road but there will be fencing

and locked security gates 24/7. How are the Noonan's to access their farm and home

and conduct normal agricultural activates through locked security gates.

She advised the Noonan's have lodged an application to have the legal access to their

farm reopened, there is currently an application before the DNRM to left the

temporary closure of the gazetted road into lot 4.

She is also concerned with public safety as there will be haulout drivers, loco crews

and farmers will have to pass within 40 meters of the site and encounter trucks

leaving the site at a rate of 18 trucks per hour.

Julie Weir

Ms Weir advised she would like to raise several errors she feels are in the application.

The size of the dam when requested on 23 February 2018 from the applicant was

stated as the average depth of 2.5 with a total volume of 2.4 megalitres (size of one

Olympic pool). The Planning Department of Council in April 2018 shows the quarry

hole of 10 Olympic pools which is a significant difference. This application is based

on their report and is incorrect and this should be alarming to Councillors. The quarry

maybe temporary for 12 months but the dam left at the completion is left forever. This

quarry and the resulting dam is within 80 metres of Jane Creek that feeds the

Gooseponds. If Council approve the Material Change of Use today for Lot 5 it is not

just for one site it is for the entire 30 hectares of Lot 5 opening up all that land to

future quarrying. An application for extension to this temporary quarry needs only go

to the Council Planning Department and does not have to be approved by Councillors.

Joe Noonan

Mr Noonan advised if the application was approved today then a structure will be

built along the very floodplain that carried the flood that devastated Glenella in 2008.

The proposed dam and quarry in the application is right on the edge of the floodplain.

When this dam overflows there is no buffer, if the water from the dam is not used

regularly then there is no buffer capacity exposing the lower lying residential areas to

potential flooding over and above the normal flood events.

Ursula Noonan

Ms Noonan wanted to raise the issue of noise. The Department of Infrastructure

requested a Noise Impact Statement but this was rejected by the applicant who wants


MIN/11.04.2018 FOLIO 49613

to address noise issues only if they are complaints. There will only be three (3) hours

during the day that will be noise free and that will occur for six (6) days per week.

The applicant also does not have to pay a bond under the Extractive Industry Code,

they don’t have to put any permanent infrastructure to cope with additional traffic or a

needs assessment to justify the need for another quarry because this is a temporary

project. She also stated that the map on page 256 of the Agenda is incorrect as it

includes Noonan land in the site works.

Marie McCusker

Ms McCusker advised her home overlooks the proposed site for the quarry and is

concerned with the intersection between Glendaragh Road and the Bruce Highway.

She currently sees risk taking behaviour occurring at this intersection now and with

the increased traffic flow as a result of this application this will multiply. She advised

she supports everything the previous speakers have raised and if you are aware that in

the next 2-3 years there is going to be an increased onus on managing risks then why

is this not done proactively. This quarry is proposed in a beautiful pristine area that is

less then 2km from Glenella, how does this fit in with Council's future regional plan.



The Chief Executive Officer (CEO) advised that Ms Noonan is correct that the area

on the map contained within the report is incorrect, and had been already identified as

incorrect and a revised plan has been circulated to the Councillors already and will be

corrected when the Minutes of the Meeting are circulated with the correct map be

included.

The Mayor asked the Councillors to first address the recommendation by the Officer's

and if amendments are requested or alternative motions raised they would be

addressed at the appropriate stage and called for questions from the Councillors.

Cr May queried in relation to the traffic management plan and entering and exiting the

site how can she be assured that there will be traffic control officers there every time a

truck enters or leaves the site. How does Council ensure the safety of the users of

Glendarah Road if the traffic management plan is not being adhered to?

A/DDS advised the traffic management plans are compiled by companies that do this

on a professional basis and they are all about safety. These companies are liable for

all safety issues and if there is a recommendation from the traffic management plan to

have traffic controllers on site at any stage and they are not there it would be up to the

traffic controllers and the operator to be liable for not adhering to the traffic

management plan.

The Mayor queried further from Cr May's query is he needs clarification on the exit

and entry to Glendarah Road, the traffic control over the hill leading up to that exit

and entry point and the exit and entry point to the Bruce Highway. Has this all been

taken into account in terms of the traffic management, particularly the number of

movements expected on the site to extract 200,000 tonnes over four months.


MIN/11.04.2018 FOLIO 49614

A/DDS advised the traffic management plan needs to be compiled and it is a

condition in the report and that all of those issues would have to be reviewed.

The Mayor queried if all Council has conditioned is that there will be a traffic

management plan.

A/DDS advised yes that was correct.

Cr May queried how can Council be assured that the adjoining landowners, who were

given verbal agreement, will be given access to the locked gate.

A/DDS advised that the management plan would need Council approval so it could be

included in the traffic management plan.

Cr May queried the extension of time, this application is temporary for 12 months,

given the issue has been raised around whether this would come back to Council for

approval can the procedure be clarified.

A/DDS advised the applicant has 12 months from the start of operations and if an

extension is requested a report would need to be prepared for formal Council

consideration and approval.

Cr May queried is there going to be any rehabilitation of the site if the dam is being

created and if vegetation is removed will this be reinstated at the end of the quarrying.

A/DDS advised there is an Environmental Relevant Activity (ERA) report that deals

with site rehabilitation and condition 25 deals with site rehabilitation.

Cr Camm queried if the dam could be constructed now without Council approval if

the applicant was moving no fill off site.

The CEO advised for the size of the dam being requested they would not be required

to obtain Council approval.

Cr Camm queried if that was applicable to this location.

The CEO advised that was correct.

Cr Mann queried in relation to the reactive complaints based issues, is there any

ability for Council officers to check regularly on progress of the application rather

than wait for complaints based activity.

A/DDS advised the complaints would be forwarded to the Local Laws officers for

their investigation, there are also audits carried out throughout the process of material

change of use applications to ensure the conditions are being adhered to.

Cr Bonaventura sought clarification as he understood it was not Council who would

be investigating the complaints in relation to the ERA and it would need to go through

a State Government department.


MIN/11.04.2018 FOLIO 49615

The Mayor asked Cr Mann what her query was in relation to.

Cr Mann advised they were in relation to general conditions of the application.

Cr Bella queried in relation to the traffic management plan and the traffic controllers

of the control of flow on the vehicles leaving and entering the site or is it on the

control of flow on the normal residential traffic or is it on both.

The Mayor advised the traffic management plan has yet to be formalised and

Councillors have all these valid questions around the traffic management plan but the

A/DDS has stated that the condition is that there will be a traffic management plan.

He advised there is a fair degree of concern from Councillors about what the traffic

management plan may be made up of.

A/DDS advised the traffic management plan would need to consider all of the

concerns and provide direction as to what goes into the traffic management plan

which is subject to Council approval.

The Mayor queried if Councillors will get an ability to input into the traffic

management plan.

The CEO advised the traffic management plan is a condition that there must be one

that Council officers must approve but it does not come back to elected members.

Cr Bella advised any traffic management plan would need to take into consideration

the inconvenience to the traffic that is currently using these roads. He is extremely

concerned about the topography of the land obscuring view and must include access

to the current road users.

Cr Walker advised he is concerned with how the road access will work, the hours of

operation will be early morning or late evening for haulout equipment and how will

the access be guaranteed if there are locked gates.

A/DDS advised there is a condition for locked gates but if Councillors would like the

gates moved then the conditions would need to be amended accordingly.

Cr Walker queried if there were separate access would this be lockable.

The CEO advised that part of the traffic management plan would be to provide

everyone with access to the gazetted road, and assumed that there would be a locked

gate for workplace health and safety of the site.

Cr Walker queried if that was the case then would the haulout operator be provided

with a key to the gate to gain access at 3 am, if that is the case then he does not see

this being feasible.

The CEO advised that will be the details in the traffic management plan.

Cr Walker queried where the water will be released to if the dam is to be pumped out.


MIN/11.04.2018 FOLIO 49616

A/DDS advised the dam's exit point goes into Jane Creek.

Cr Bella queried if it would not be more prudent to condition the fencing of the actual

quarrying site and the gates there rather than the gates on the access road.

A/DDS advised the fencing of the quarry site would depend on the various things and

would need to be investigated.

Cr Mann queried if the State raised any concerns with the sediment run off into Jane

Creek and did they review the site.

The Mayor advised the State had no concerns and were happy to sign off on the

application.

Cr Bonaventura requested additional information about the rural zoning code and

Amenity provision PO12 as listed in the agenda on page 234.

A/DDS advised this is how the planning scheme is written and the specific outcome

on the left-hand column that this is a requirement, sometimes in the right-hand

column acceptable outcomes are listed but in this instance the planning scheme does

not have any detail in the right-hand column.

Cr Camm advised that contained on page 234 Cr Bonaventura mentioned it advises if

the quarry was to become an ongoing operation with approval then there are

management conditions in relation to noise, dust, etc.

Cr Bonaventura commented that Council is not voting for an ongoing operation today

but rather a temporary one.

Cr Camm advised in the report it refers to what conditions would need to be

addressed should the quarry become an ongoing operation.

A/DDS advised because the application is for a temporary quarry there are conditions

not required if it was a permanent ongoing operation.

Cr Bonaventura advised following on from where Cr Camm mentioned in the agenda

it states "It is noted that DSDMIP requested a noise impact assessment as part of their

assessment and the applicant responded by outlining the nature of the extraction

activity and its temporary nature." A noise monitoring request was recommended and

it was not taken up by the applicant and he would like to know why.

A/DDS advised it was up to the applicant to decide what information they provide

with their application.

Cr Bonaventura queried why the bond was not considered for this application.

A/DDS advised it was a new provision of the planning scheme that was adopted last

year in case it was necessary to use it. Council has not used a bond in any quarry

situation so far and to be consistent it was felt that a bond not be requested for this


MIN/11.04.2018 FOLIO 49617

application. Even though there is not a bond there are other tools to ensure the site is

appropriately rehabilitated.

Cr Bonaventura advised he does not believe the site complies with the landscape

character and image corridors overlay. When you look at the site from the Bruce

Highway you see vista he wants for Mackay and the proposed site for the quarry dam

at this location is acceptable. There is a quarry site around the corner which is not

visible from the road and it is not an issue.

Cr Bella advised in the handout provided to Councillors there are photos of a quarry

that was supposed to be temporary and was to be rehabilitated and is not, is this

correct and if so, would it not be the conditioning of a bond a way to ensure the

rehabilitation is carried out.

The Mayor advised the issue of possible bonds was only introduced as part of the

recently adopted planning scheme.

Cr Bella advised there is a quarry in a nearby area that was supposed to be

rehabilitated and wasn’t under the mechanisms the A/DDS stated and if it is the case

that the quarry was to be rehabilitated and it hasn't then the mechanisms are not

effective and it may be better to consider a bond for this particular development.

The Mayor requested clarification from the A/DDS if the nearby quarry was to be

rehabilitated and has not been.

Cr Camm raised a Point of Order.

The Mayor asked Cr Camm what was her Point of Order.

Cr Camm advised this request was not pertinent to the report.

The Mayor advised it was a question raised by a Councillor and would like the

A/DDS to answer it.

A/DDS advised the original application for the nearby quarry had separate

applications after they were considered by Council and as part of those applications

have agreed to extend or change the conditions. The bond would not apply if they

applicant is operating under their current development application.

Council Resolution


Moved Cr Camm Seconded Cr Mann

Cr Camm advised this assessment has been made against the Mackay Region

Planning Scheme and cannot urge Councillors enough that there is a half-billion-

dollar infrastructure project occurring in our region. It has taken 10 years of advocacy


MIN/11.04.2018 FOLIO 49618

by former Councils to fight for the Mackay Ring Road and this application in relation

to the Ring Road are pertinent and important. Councillors are bound under the

legislation to approve applications on planning grounds that have been technically

assessed. This application has been recommended by Officers for approval and this is

the reason why she is voting in favour of the Motion.

Cr Bonaventura advised he was voting against the Motion on planning grounds. The

proposal conflicts with the overall outcomes of the rural zone. In this proposal the

ridge line forms the amenity of the surrounding area, reducing noise generation and

improves the visual amenity. The site is visible from the Bruce Highway and he

believes an excellent part of what Council should endeavour to protect as part of the

rural zone code. He believes the application is in conflict with the extractive industry

code overall in its outcomes and performance outcomes. He understands quarries are

essential but it is Councillors role to ensure they are located in areas that are suitable.

In this instance he does not believe this application has demonstrated that the 200,000

tonnes cannot be sourced elsewhere. He believes this application also has not shown

how it will prevent noise generation from the operation or creating adverse impacts on

the surrounding land users. He believes this proposal conflicts with the general

development requirement code. The main point is safety and this application has not

demonstrated that conflicts between vehicles hauling quarry materials and other users

of the existing access track for farming and cane haulage activities can be

satisfactorily addressed. This proposal is entering onto a road network Council

controls and he believes this is an unacceptable safety risk and the application should

be refused as it conflicts with Councils' general development code in the planning

scheme. There is a conflict with the biodiversity overlay code, the risk here is there

are two important overlays in the vicinity of the proposed site, remnant vegetation that

is location approximately 80m to the north and then there is Jane Creek, which is

protected as high ecological value to protect and filter water as it makes its way to the

great barrier reef approximately 80m to the south.

Cr Mann advised she was in favour of the Motion as the environmental and planning

issues raised have been addressed by the conditions imposed on the application and

the State has approved the application. The traffic management plan will need to be

approved by Council Officers and is confident it will address all the issues raised here

today as safety is paramount. Based on planning grounds she will be voting in favour

of the Motion.

Cr Bella advised he is not in favour of the Motion and he believes quarrying should be

done in geographically appropriate areas in situationally appropriate areas and on

biosecurity grounds. If this was something that was planned for many years then why

is Council inundated with these types of applications with no forward looking as to

where the appropriate place for quarries would be. He has serious concerns in

relation to the traffic in the area and he does not believe and does not wish to approve

something before he has seen what the plan is and how it could control all possible

variables. He believes it is problematic for current users and there are so many

potential conflicts that could make it very difficult for the operation of the farming

region surrounding this site. He would like to see going into the future that Council

starts looking into a preferred quarrying plan or scheme so that Council is not placed

in a similar situation in the future.


MIN/11.04.2018 FOLIO 49619

Cr May advised she is was not in favour of the Motion because she is not satisfied

with the traffic management plan and there are some really serious issues with this

application in relation to the truck movements entering and existing the site. She is

not comfortable is approving the application by saying this will be addressed in a

traffic management plan in this case. The current users of the road need to have been

given access and the environmental concerns and rehabilitation of the site where the

remnant vegetation has been destroyed to allow this quarry is of concern as is the run

off of the site into Jane Creek. She does not believe the demonstration of need for this

particular site has been given and therefore even on a temporary basis has been met.

There are a number of quarries already existing in this area that could accommodate

the need for the Ring Road and she will not support this application.

Cr Walker advised he will not be supporting the Motion as he has concerns with the

interaction both on the access road between haulouts, trains, trucks and the normal

traffic going in and out of the local farms. The accessibility on the Glendaragh Road

is another issue and he believes it is dangerous with the slope of the landscape and the

hills. He believes the construction of a dam on the floodplain of Jane Creek is an

environmentally sensitive location.

Cr Casey advised he would not be supporting the Motion as he has similar concerns to

those raised by Cr May. Councillors are being asked to vote on an application

without the full information and he is very concerned with the safety on Glendaragh

Road. He advised if the traffic management plan was available for Councillors to

consider this may have eased some of his concerns.

Cr Gee advised he would not be supporting the Motion as Jane Creek as a waterway is

valued through the whole area and to approve a temporary activity that could

potentially have such long-term impacts to the area is not something he is willing to

support.

The Mayor asked Cr Camm if she wished to exercise her right of reply.

Cr Camm advised the Mackay Region Planning Scheme is very clear around where

quarrying activities can occur, quarry activities are impact assessible and the State

Planning Legislation is very clear that it can occur in the rural code but it does need to

be assessed. The impacts of this quarry in comparison to other quarries currently

operating does not differ. This quarry is in close proximity to the construction of the

ring road and it is not Council's decision to make an assessment on whether this

quarry is commercially viable. If the fill does not come from this quarry it will come

from other quarries around the region. She is protective of farmers in the region and

she will not vote against where a farmer can install a dam on their property. She

urged all Councillors who spoke against the Motion to consider the real, relevant and

technical planning grounds you have argued against this application.

LOST

Crs Bella, Bonaventura, Casey, Gee, May, Walker and Williamson

recorded their vote against the Motion.


MIN/11.04.2018 FOLIO 49620

FURTHER it was noted by those voting against the Officer's Recommendation and

refusing the application that the following are associated reasoning and concerns -:

1. The proposal is in conflict with the Overall Outcomes and Performance

Outcomes of the Rural Zone Code as the applicant has not demonstrated that

the proposal will not adversely impact on the amenity of the surrounding area

through noise generation or impact on the visual amenity of the area. Further,

the application has not demonstrated that the activity will not adversely

impact on the ecological integrity of habitat areas and corridors connecting

areas of ecologically important areas.

2. The proposal is in conflict with the Extractive Industry Code Overall

Outcomes and Performance Outcomes as the applicant has not demonstrated

that there is a demonstrated need for the material that cannot be filled by other

existing quarries. Further, it has not been demonstrated that the noise

generated from the operations will not cause adverse impacts at surrounding

sensitive land uses.

3. The proposal conflicts with the General Development Requirements Code as

the application has not demonstrated that the acoustic amenity of surrounding

sensitive land uses will be maintained. Also, the proposal has not

demonstrated that conflicts between vehicles hauling quarry material and

other users of the existing access track for farming and cane haulage activities

can be satisfactorily addressed. Further, access/exit into the site is not safe as

haulage vehicles exiting the property are required to utilise both traffic lanes,

therefore impacting on the safety and efficiency of the road network.

4. The proposal is in conflict with the Biodiversity Overlay Code as the proposal

does not include the rehabilitation and enhancement of ecological

connectivity between the area of environmentally significant vegetation and

the watercourse.

12. RECEIPT OF PETITIONS:

Nil

13. TENDERS:

Nil

14. CONSIDERATION OF NOTIFIED MOTIONS:

Nil


MIN/11.04.2018 FOLIO 49621

15. PUBLIC PARTICIPATION:

Ms Bobby Barker, on behalf of the Kidney Support Network which is a small

Queensland charity, wanted to bring to the Council's attention the work they do for the

Mackay region residents. They have volunteers who transport patients to hospital

visits, man their charity shops and provide administration support. If there is anything

Council could do to support this network would be appreciated.

Ms Liza Williams, on behalf of the Kidney Support Network, queried if there was any

support and education that could be provided in preparing grant applications as they

have not had much success with grant funding so far.

The Mayor advised that the Director of Community and Client Services could meet

with the Kidney Support Network regarding what Council could do to assist them.

16. LATE BUSINESS:

Cr Mann reminded Councillors on Friday 20 April Council Character and Heritage

Advisory Committee will hold part of their meeting at the Bluewater Quay and will

include the unveiling of two (2) story boards which will commemorate the 100th

anniversary of the 1918 cyclone.

Cr Mann advised the cyclone survivors bus tours on Saturday 21 April will tour some

of the houses that survived the 1918 cyclone and local historian, Berenice Wright will

be on the tours to provide some insight into what occurred at that time.

Cr Mann presented to the Mayor a certificate of appreciation from Anglicare in

recognition of Councils' support to the low cost food assist centre that has been

operating from the old Retravision building for approximately 12 months. It was only a

trial period but this has now been extended due to the success in providing low cost

food for the marginalise residents of the region and free food parcels to residents in

need.

The Mayor explained that Anglicare advised on their last count on the free food parcels

they were delivering was approximately 400 per week.

Cr Bonaventura advised on Saturday 14 April 2018 the Italian Street Festival will be

held in Wood Street and invited everyone to attend if they were able to.

LEAVE OF ABSENCE - CR MAY

THAT Cr May be granted leave of absence for the Ordinary Council Meeting on

Tuesday 24 April 2018.

Moved Cr Mann Seconded Cr Camm

CARRIED


MIN/11.04.2018 FOLIO 49622

17. CONFIDENTIAL REPORTS:

Nil

18. MEETING CLOSURE:

The meeting closed at 1.03 pm.

19. FOR INFORMATION ONLY:

Nil

Confirmed on Tuesday 24 April 2018

………………………………………

MAYOR


MIN/11.04.2018 FOLIO 49623

APPENDIX / ATTACHMENTS


MIN/11.04.2018 FOLIO 49624


MIN/11.04.2018 FOLIO 49625


MIN/11.04.2018 FOLIO 49626


MIN/11.04.2018 FOLIO 49627


MIN/11.04.2018 FOLIO 49628


MIN/11.04.2018 FOLIO 49629


MIN/11.04.2018 FOLIO 49630


MIN/11.04.2018 FOLIO 49631


MIN/11.04.2018 FOLIO 49632


MIN/11.04.2018 FOLIO 49633


MIN/11.04.2018 FOLIO 49634


MIN/11.04.2018 FOLIO 49635


MIN/11.04.2018 FOLIO 49636


MIN/11.04.2018 FOLIO 49637


MIN/11.04.2018 FOLIO 49638


MIN/11.04.2018 FOLIO 49639


MIN/11.04.2018 FOLIO 49640


MIN/11.04.2018 FOLIO 49641


MIN/11.04.2018 FOLIO 49642


MIN/11.04.2018 FOLIO 49643


MIN/11.04.2018 FOLIO 49644


MIN/11.04.2018 FOLIO 49645


MIN/11.04.2018 FOLIO 49646


MIN/11.04.2018 FOLIO 49647


MIN/11.04.2018 FOLIO 49648


MIN/11.04.2018 FOLIO 49649


MIN/11.04.2018 FOLIO 49650


MIN/11.04.2018 FOLIO 49651


MIN/11.04.2018 FOLIO 49652


MIN/11.04.2018 FOLIO 49653


MIN/11.04.2018 FOLIO 49654


MIN/11.04.2018 FOLIO 49655


MIN/11.04.2018 FOLIO 49656


MIN/11.04.2018 FOLIO 49657


MIN/11.04.2018 FOLIO 49658


MIN/11.04.2018 FOLIO 49659


MIN/11.04.2018 FOLIO 49660


MIN/11.04.2018 FOLIO 49661


MIN/11.04.2018 FOLIO 49662


MIN/11.04.2018 FOLIO 49663


MIN/11.04.2018 FOLIO 49664


MIN/11.04.2018 FOLIO 49665


MIN/11.04.2018 FOLIO 49666


MIN/11.04.2018 FOLIO 49667


MIN/11.04.2018 FOLIO 49668


MIN/11.04.2018 FOLIO 49669


MIN/11.04.2018 FOLIO 49670


MIN/11.04.2018 FOLIO 49671


MIN/11.04.2018 FOLIO 49672


MIN/11.04.2018 FOLIO 49673


MIN/11.04.2018 FOLIO 49674


MIN/11.04.2018 FOLIO 49675


MIN/11.04.2018 FOLIO 49676


MIN/11.04.2018 FOLIO 49677


MIN/11.04.2018 FOLIO 49678


MIN/11.04.2018 FOLIO 49679


MIN/11.04.2018 FOLIO 49680


MIN/11.04.2018 FOLIO 49681


MIN/11.04.2018 FOLIO 49682


MIN/11.04.2018 FOLIO 49683


MIN/11.04.2018 FOLIO 49684


MIN/11.04.2018 FOLIO 49685


MIN/11.04.2018 FOLIO 49686


MIN/11.04.2018 FOLIO 49687


MIN/11.04.2018 FOLIO 49688


MIN/11.04.2018 FOLIO 49689


MIN/11.04.2018 FOLIO 49690


MIN/11.04.2018 FOLIO 49691


MIN/11.04.2018 FOLIO 49692


MIN/11.04.2018 FOLIO 49693


MIN/11.04.2018 FOLIO 49694


MIN/11.04.2018 FOLIO 49695


MIN/11.04.2018 FOLIO 49696


MIN/11.04.2018 FOLIO 49697


MIN/11.04.2018 FOLIO 49698


MIN/11.04.2018 FOLIO 49699


MIN/11.04.2018 FOLIO 49700


MIN/11.04.2018 FOLIO 49701


MIN/11.04.2018 FOLIO 49702


MIN/11.04.2018 FOLIO 49703


MIN/11.04.2018 FOLIO 49704


MIN/11.04.2018 FOLIO 49705


MIN/11.04.2018 FOLIO 49706


MIN/11.04.2018 FOLIO 49707


MIN/11.04.2018 FOLIO 49708


MIN/11.04.2018 FOLIO 49709


MIN/11.04.2018 FOLIO 49710


MIN/11.04.2018 FOLIO 49711


MIN/11.04.2018 FOLIO 49712


MIN/11.04.2018 FOLIO 49713


MIN/11.04.2018 FOLIO 49714


MIN/11.04.2018 FOLIO 49715


MIN/11.04.2018 FOLIO 49716


MIN/11.04.2018 FOLIO 49717


MIN/11.04.2018 FOLIO 49718


MIN/11.04.2018 FOLIO 49719


MIN/11.04.2018 FOLIO 49720


MIN/11.04.2018 FOLIO 49721


MIN/11.04.2018 FOLIO 49722


MIN/11.04.2018 FOLIO 49723


MIN/11.04.2018 FOLIO 49724


MIN/11.04.2018 FOLIO 49725


MIN/11.04.2018 FOLIO 49726


MIN/11.04.2018 FOLIO 49727


MIN/11.04.2018 FOLIO 49728


MIN/11.04.2018 FOLIO 49729


MIN/11.04.2018 FOLIO 49730


MIN/11.04.2018 FOLIO 49731


MIN/11.04.2018 FOLIO 49732


MIN/11.04.2018 FOLIO 49733


MIN/11.04.2018 FOLIO 49734


MIN/11.04.2018 FOLIO 49735


MIN/11.04.2018 FOLIO 49736


MIN/11.04.2018 FOLIO 49737


MIN/11.04.2018 FOLIO 49738


MIN/11.04.2018 FOLIO 49739


MIN/11.04.2018 FOLIO 49740


MIN/11.04.2018 FOLIO 49741


MIN/11.04.2018 FOLIO 49742


MIN/11.04.2018 FOLIO 49743


MIN/11.04.2018 FOLIO 49744


MIN/11.04.2018 FOLIO 49745


MIN/11.04.2018 FOLIO 49746


MIN/11.04.2018 FOLIO 49747


MIN/11.04.2018 FOLIO 49748


MIN/11.04.2018 FOLIO 49749


MIN/11.04.2018 FOLIO 49750


MIN/11.04.2018 FOLIO 49751


MIN/11.04.2018 FOLIO 49752


MIN/11.04.2018 FOLIO 49753


MIN/11.04.2018 FOLIO 49754


MIN/11.04.2018 FOLIO 49755


MIN/11.04.2018 FOLIO 49756


MIN/11.04.2018 FOLIO 49757


MIN/11.04.2018 FOLIO 49758


MIN/11.04.2018 FOLIO 49759


MIN/11.04.2018 FOLIO 49760


MIN/11.04.2018 FOLIO 49761


MIN/11.04.2018 FOLIO 49762


MIN/11.04.2018 FOLIO 49763


MIN/11.04.2018 FOLIO 49764


MIN/11.04.2018 FOLIO 49765


MIN/11.04.2018 FOLIO 49766


MIN/11.04.2018 FOLIO 49767


MIN/11.04.2018 FOLIO 49768


MIN/11.04.2018 FOLIO 49769


MIN/11.04.2018 FOLIO 49770


MIN/11.04.2018 FOLIO 49771


MIN/11.04.2018 FOLIO 49772


MIN/11.04.2018 FOLIO 49773


MIN/11.04.2018 FOLIO 49774


MIN/11.04.2018 FOLIO 49775


MIN/11.04.2018 FOLIO 49776


MIN/11.04.2018 FOLIO 49777


MIN/11.04.2018 FOLIO 49778


MIN/11.04.2018 FOLIO 49779


MIN/11.04.2018 FOLIO 49780


MIN/11.04.2018 FOLIO 49781

FINAL MINUTES - Mackay Council · FINAL MINUTES WEDNESDAY 11 APRIL 2018 MIN/11.04.2018 FOLIO 49516...

Documents

Transcript of FINAL MINUTES - Mackay Council · FINAL MINUTES WEDNESDAY 11 APRIL 2018 MIN/11.04.2018 FOLIO 49516...