REPORT - moretonbay.qld.gov.au · REPORT Coordination Committee Meeting Tuesday 31 May 2016...

REPORT

Coordination Committee Meeting

Tuesday 31 May 2016 commencing at 10.41am

Redcliffe Chambers Irene Street, Redcliffe

CHAIRPERSON’S REPORT The recommendations contained within this report of the Coordination Committee meeting held 31 May 2016 are recommended to the Council for adoption. COUNCILLOR ALLAN SUTHERLAND (MAYOR) CHAIRPERSON COORDINATION COMMITTEE Membership = 13 Quorum = 7 Mayor and all Councillors

ENDORSED GM20160531

Adoption Extract from General Meeting – 31 May 2016 (16/854) 12.2 Coordination Committee Meeting - 31 May 2016

(Pages 16/856 - 16/958) RESOLUTION

Moved by Cr Adrian Raedel Seconded by Cr Brooke Savige CARRIED 12/0

That the report and recommendations of the Coordination Committee meeting held 31 May 2016 be adopted.

Moreton Bay Regional Council COORDINATION COMMITTEE MEETING PAGE a 31 May 2016 Report

COORDINATION COMMITTEE MEETING PAGE a 31 May 2016 Report

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

ITEM 1.1 857 ATTENDANCE - AUSTRALIAN LOCAL GOVERNMENT WOMEN'S ASSOCIATION CONFERENCE - REGIONAL

COMMITTEE RECOMMENDATION

REPORT DETAIL

ITEM 1.2 860 ADOPTION OF MEETING SCHEDULE FOR THE PERIOD JULY - DECEMBER 2016 - REGIONAL


REPORT DETAIL

2 PLANNING & DEVELOPMENT SESSION (Cr Mick Gillam)

ITEM 2.1 863 DA/30273/2015/V23R - MATERIAL CHANGE OF USE – PRELIMINARY APPROVAL TO VARY THE EFFECT OF THE PLANNING SCHEME FOR DEVELOPMENT IN ACCORDANCE WITH THE RESIDENTIAL A ZONE AND RECONFIGURING A LOT – DEVELOPMENT PERMIT FOR SUBDIVISION (1 INTO 16 LOTS & OPEN SPACE) LOCATED AT 475 MORAYFIELD ROAD, BURPENGARY - DIVISION 2


REPORT DETAIL

ITEM 2.2 899 DA/30151/2015/V23R - MCU – PRELIMINARY APPROVAL TO VARY THE EFFECT OF THE SUPERSEDED PINERIVERSPLAN TO APPLY THE RESIDENTIAL A AND PARK & OPEN SPACE ZONES AND RECONFIGURING A LOT – DEVELOPMENT PERMIT FOR SUBDIVISION (1 INTO 182 LOTS) 66 WESLEY RD, GRIFFIN (LOT 1 SP273809) PARISH REDCLIFFE - DIVISION 4

COMMITTEE RECOMMENDATION REPORT DETAIL

3 CORPORATE SERVICES SESSION (Cr Adrian Raedel)

4 ASSET CONSTRUCTION & MAINTENANCE SESSION (Cr Peter Flannery)

ITEM 4.1 944 GROUNDS MAINTENANCE SERVICES - REGIONAL CEMETERIES - REGIONAL


REPORT DETAIL

ITEM 4.2 948 BRENDALE - KREMZOW ROAD REHABILITATION - RELOCATION OF GAS MAIN - DIVISION 9


REPORT DETAIL

Moreton Bay Regional Council COORDINATION COMMITTEE MEETING PAGE b 31 May 2016 Report

COORDINATION COMMITTEE MEETING PAGE b 31 May 2016 Report

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

ITEM 5.1 952 LEASE TO AUSTRALIAN OUTRIGGER CANOE RACING ASSOCIATION SOUTH QUEENSLAND BRANCH INC. - TALOBILLA PARK - DIVISION 5

COMMITTEE RECOMMENDATION REPORT DETAIL

6 LIFESTYLE & AMENITY SESSION (Cr Matt Constance)

7 ECONOMIC DEVELOPMENT & TOURISM SESSION (Cr Julie Greer)

8 GENERAL BUSINESS

ITEM 8.1 956 WOODFORD COMBINED EMERGENCY SERVICES EXPO - DIVISION 12


ITEM 8.2 956 CANCER COUNCIL RELAY FOR LIFE - DIVISION 5

CLOSED SESSION (Confidential items)

ITEM C.1 – CONFIDENTIAL 958 PROPERTY RATIONALISATION PROJECT - MAY 2016 - DIVISIONS 7, 9, 10, 11, 12


CLOSURE

Moreton Bay Regional Council COORDINATION COMMITTEE MEETING PAGE 16/856 31 May 2016 Report

COORDINATION COMMITTEE MEETING PAGE 16/856 31 May 2016 Report

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

Session Spokesperson Proxy

1 Governance Cr Allan Sutherland (Mayor) Cr Mike Charlton (Deputy Mayor)

2 Planning & Development Cr Mick Gillam Cr Adam Hain

3 Corporate Services Cr Adrian Raedel Cr Allan Sutherland (Mayor)/ Cr Mike Charlton (Deputy Mayor)

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

5 Parks, Recreation & Sport Cr Darren Grimwade Cr Denise Sims

6 Lifestyle & Amenity Cr Matt Constance Cr Brooke Savige 7 Economic Development & Tourism Cr Julie Greer Cr Allan Sutherland (Mayor)/

Cr Mike Charlton (Deputy Mayor)

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



1 GOVERNANCE SESSION (Cr Allan Sutherland, Mayor) ITEM 1.1 ATTENDANCE - AUSTRALIAN LOCAL GOVERNMENT WOMEN'S ASSOCIATION CONFERENCE - REGIONAL Meeting / Session: 1 GOVERNANCE Reference: A13562082 : 24 May 2016 Responsible Officer: TD, Junior Executive Assistant (EPS Executive Services) Executive Summary This report seeks Council approval of Councillor attendance at the Australian Local Government Women’s Association conference, hosted by Brisbane City Council in Brisbane from 28 - 29 July 2016. COMMITTEE RECOMMENDATION

Moved by Cr Matt Constance Seconded by Cr Julie Greer CARRIED 12/0

1. That Councillors Brooke Savige, Koliana Winchester and Denise Sims be appointed to attend the Australian Local Government Women’s Association conference in Brisbane from 28 - 29 July 2016.

2. That the Chief Executive Officer arrange for Officer attendance at this Conference as appropriate.

Moreton Bay Regional Council COORDINATION COMMITTEE MEETING PAGE 16/858 31 May 2016 Report ITEM 1.1 ATTENDANCE - AUSTRALIAN LOCAL GOVERNMENT WOMEN'S ASSOCIATION CONFERENCE - REGIONAL - A13562082 (Cont.)


OFFICER’S RECOMMENDATION 1. That Councillors Brooke Savige, Koliana Winchester and Denise Sims be appointed to attend the

Australian Local Government Women’s Association conference in Brisbane from 28 - 29 July 2016. 2. That the Chief Executive Officer arrange for Officer attendance at this Conference as appropriate. REPORT DETAIL 1. Background Advice has been received that the Australian Local Government Women’s Association conference will be hosted by Brisbane City Council from 28 - 29 July 2016. Cr Brooke Savige, Cr Koliana Winchester and Cr Denise Sims have advised of their interest in attending. Early bird registration closes on Thursday 30 June 2016. 2. Explanation of Item The conference theme is “Disruption, Agility and Resilience”, and will discuss issues surrounding effective leadership in a dynamic and evolving government landscape. The program will explore how technological, environmental and social disruptions have a widespread implication for local government and offer effective ways to overcome these issues. Key speakers will address the conference in relation to challenges that may be presented to aspiring leaders and give guidance on effective ways to resolve them. 3. Strategic Implications 3.1 Legislative/Legal Implications

There are no direct legislation/legal implications arising from this report.

3.2 Corporate Plan / Operational Plan Strengthening Communities: Office of the CEO - overall leadership and coordination of council activities.

3.3 Policy Implications Arrangements will be made in accordance with Policy No: 10-2150-16 Conference, Seminar, Study Tour and Travel.

3.4 Risk Management Implications There are no direct risk management implications arising from this report.

3.5 Delegated Authority Implications There are no direct delegated authority implications arising from this report.

3.6 Financial Implications Funds have been provided in the Budget.

3.7 Economic Benefit The program will explore how technological, environmental and social disruptions have a widespread implication for local government and offer effective ways to overcome these issues.

3.8 Environmental Implications

The program will explore how environmental disruptions have a widespread implication for local government and offer effective ways to overcome these issues.

3.9 Social Implications The program will explore how social disruptions have a widespread implication for local government and offer effective ways to overcome these issues.

Moreton Bay Regional Council COORDINATION COMMITTEE MEETING PAGE 16/859 31 May 2016 Report ITEM 1.1 ATTENDANCE - AUSTRALIAN LOCAL GOVERNMENT WOMEN'S ASSOCIATION CONFERENCE - REGIONAL - A13562082 (Cont.)


3.10 Consultation / Communication Consultation has been undertaken with Councillors, Chief Executive Officer and Director Executive and Property Services. Councillor’s Brooke Savige, Koliana Winchester and Denise Sims have advised of their interest in attending.



ITEM 1.2 ADOPTION OF MEETING SCHEDULE FOR THE PERIOD JULY - DECEMBER 2016 - REGIONAL Meeting / Session: 1 GOVERNANCE Reference: A13670056 : 26 November 2016 - Refer Supporting Information A13670087 Responsible Officer: KC, Team Leader Meeting Support (CEOs Office) Executive Summary Pursuant to s277 of the Local Government Regulation 2012, Council must, at least once in each year, publish in a newspaper circulating generally in its area a notice of the days and times when its general (ordinary) meetings, and Standing Committee meetings, will be held. A proposed Meeting Schedule for the period July to December 2016 is provided for consideration and adoption. COMMITTEE RECOMMENDATION

Moved by Cr Mike Charlton (Deputy Mayor) Seconded by Cr Mick Gillam CARRIED 12/0

1. That the Meeting Schedule for the period July to December 2016, as outlined in supporting information #1, be adopted.

2. That the Meeting Schedule for the period July to December 2016 be advertised in accordance with s277 of the Local Government Regulation 2012.

Moreton Bay Regional Council COORDINATION COMMITTEE MEETING PAGE 16/861 31 May 2016 Report ITEM 1.2 ADOPTION OF MEETING SCHEDULE FOR THE PERIOD JULY - DECEMBER 2016 - REGIONAL - A13670056 (Cont.)


OFFICER’S RECOMMENDATION 1. That the Meeting Schedule for the period July to December 2016, as outlined in supporting

information #1, be adopted.

2. That the Meeting Schedule for the period July to December 2016 be advertised in accordance with s277 of the Local Government Regulation 2012.

REPORT DETAIL 1. Background To satisfy the legislative requirement to adopt and publish a list of Council general (ordinary) and standing committee meetings each year, a proposed Meeting Schedule for the period July to December 2016 has been prepared for consideration. 2. Explanation of Item At its Post-election meeting held 18 April 2016, Council resolved that its General Meetings be conducted weekly on a Tuesday commencing at 10.30am, with such meetings being held on a rotational basis at the three existing administration offices and that the Coordination Committee meeting be conducted as part of the General Meeting agenda. The Meeting Schedule for the period July to December 2016 has been prepared on this basis and is provided in supporting information #1 for consideration. 3. Strategic Implications 3.1 Legislative/Legal Implications

Council meetings are conducted in accordance with the Local Government Regulation 2012.

3.2 Corporate Plan / Operational Plan Strengthening Communities: Office of the CEO - overall leadership and coordination of council activities.

3.3 Policy Implications There are no policy implications in relation to this matter.

3.4 Risk Management Implications There are no identifiable risks in this matter.

3.5 Delegated Authority Implications Not applicable.

3.6 Financial Implications Advertising costs have been included in the 2015/16 budget.

3.7 Economic Benefit There is no identifiable economic benefit in relation to this matter.


There are no environmental implications in relation to this matter. 3.9 Social Implications

There are no social implications in relation to this matter.

Moreton Bay Regional Council COORDINATION COMMITTEE MEETING PAGE 16/862 31 May 2016 Report ITEM 1.2 ADOPTION OF MEETING SCHEDULE FOR THE PERIOD JULY - DECEMBER 2016 - REGIONAL - A13670056 (Cont.)


3.10 Consultation / Communication The proposed Meeting Schedule has been drafted in consultation with the Mayor, Councillors and Chief Executive Officer.



2 PLANNING & DEVELOPMENT SESSION (Cr Mick Gillam) ITEM 2.1 DA/30273/2015/V23R - MATERIAL CHANGE OF USE – PRELIMINARY APPROVAL TO VARY THE EFFECT OF THE PLANNING SCHEME FOR DEVELOPMENT IN ACCORDANCE WITH THE RESIDENTIAL A ZONE AND RECONFIGURING A LOT – DEVELOPMENT PERMIT FOR SUBDIVISION (1 INTO 16 LOTS & OPEN SPACE) LOCATED AT 475 MORAYFIELD ROAD, BURPENGARY - DIVISION 2 APPLICANT: Hardev Property Pty Ltd OWNER: Hardev Property (Dev5) Pty Ltd Meeting / Session: 2 PLANNING & DEVELOPMENT Reference: A13146903 : 17 February 2016 – Refer Supporting Information A13146902 Responsible Officer: PM, Development Planner (PED Development Planning) Executive Summary

Applicable Planning Scheme Caboolture ShirePlan (now superseded) Applicant Hardev Property Pty Ltd Owner(s) Hardev Property (Dev5) Pty Ltd Site Address 475 Morayfield Road, Burpengary Property Description Lot 4 RP82494 Area 2.3585ha Proposal Material Change of Use – Preliminary Approval to Vary the

Effect of the Planning Scheme for development in accordance with the Residential A Zone and Reconfiguring a Lot – Development Permit for Subdivision (1 into 16 Lots and Open Space)

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

Reconfiguring a Lot - Development Permit Consistent / Inconsistent proposal

Inconsistent

Planning Scheme Details

Caboolture ShirePlan (now superseded) Rural Residential Zone - Transition Precinct Acid Sulfate Soils Overlay Bushfire Hazard Overlay Catchment Protection Overlay Nature Conservation Overlay Transport Infrastructure Overlay

Relevant Codes Rural Residential Zone - Transition Precinct General Works Code Landscaping Code Reconfiguring a Lot Code Stormwater Code Traffic, Access and Parking Code Acid Sulfate Soils Overlay Code Bushfire Hazard Overlay Code Catchment Protection Overlay Code Nature Conservation Overlay Code Transport Infrastructure Overlay Code

Application ‘properly made’ 17 June 2015

Moreton Bay Regional Council COORDINATION COMMITTEE MEETING PAGE 16/864 31 May 2016 Report ITEM 2.1 DA/30273/2015/V23R - MATERIAL CHANGE OF USE – PRELIMINARY APPROVAL TO VARY THE EFFECT OF THE PLANNING SCHEME FOR DEVELOPMENT IN ACCORDANCE WITH THE RESIDENTIAL A ZONE AND RECONFIGURING A LOT – DEVELOPMENT PERMIT FOR SUBDIVISION (1 INTO 16 LOTS & OPEN SPACE - A13146903 (Cont.)


Information Request Issued 30 June 2015; Final response received 30 October 2015 Referral Agencies Concurrence Agencies:

Department of Infrastructure, Local Government and Planning Advice Agencies: Nil

Public Notification (Notice of Compliance received)

25 November 2015

Submissions Received Properly Made: One (1) Not Properly Made: One (1)

Decision Stage ends 30 January 2016 Is a Notation to the Planning scheme required?

Yes

Number of Existing Lots One (1) Further Development Permits that may be required

• Development Permit for Operational Works

This application seeks a Material Change of Use – Preliminary Approval to vary the effect of the Superseded Caboolture ShirePlan to allow development of the land to occur in accordance with the requirements of the Residential A Zone and a Reconfiguring a Lot – Development Permit for Subdivision (1 into 16 Lots and Open Space) at 475 Morayfield Road, Burpengary, on land described as Lot 4 RP82494. The site is located within the Rural Residential Zone (Transition Precinct) and has an area of 2.3585ha. The Preliminary Approval proposes to apply the Residential A Zone provisions contained within the Superseded Caboolture ShirePlan to only part of the site, with the balance area to remain as per the zoning applicable under the planning instrument in effect at the time of development. Overlay codes are proposed to be addressed as a part of this Preliminary Approval application with the applicant proposing the overlay codes to not apply to future development applications made pursuant to the Preliminary Approval. Land to the immediate south of the subject site is already included in the Residential A zone as a result of development approvals. Given the Caboolture ShirePlan has now been superseded by the Moreton Bay Regional Council (MBRC) Planning Scheme, it has been determined in the assessment of the development application that future houses built on the proposed lots should be subject to the new MBRC planning scheme and not the Superseded Caboolture ShirePlan. To achieve this, it is recommended to amend the Superseded Caboolture ShirePlan Residential A zone provisions to be applied to the site to align with the MBRC Planning Scheme provisions for the General Residential Zone, Next generation neighbourhood precinct. The application was publicly advertised with one (1) properly made and one (1) not properly made submission received. The proposed development is generally in accordance with the broader intent of the Superseded Caboolture Shire Planning Scheme and is recommended to be approved subject to conditions. The proposal was “Properly Made” on 17 June 2015 and accordingly, this application has been assessed in accordance with the Sustainable Planning Act 2009. COMMITTEE RECOMMENDATION

Moved by Cr Peter Flannery Seconded by Cr Denise Sims CARRIED 12/0

That the Officer’s Recommendation be adopted as detailed in the report.



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

Use – Preliminary Approval to vary the effect of the Superseded Caboolture ShirePlan with development to be in accordance with the Residential A Zone as amended by this development approval and a Reconfiguring a Lot – Development Permit for Subdivision (1 into 16 Lots and Open Space) at 475 Morayfield Road, Burpengary, on land described as Lot 4 RP82494, subject to the following plans and conditions:

Approved Plans and Documents Plan / Document Name Reference Number Prepared By Dated Staging Plan 127098-25 Rev A RPS 6/10/15 Bushfire Management Plan PR127908-1 RPS May 2015 Vegetation Survey and Management Plan PR127098-1 RPS October 2015

Engineering Serviceability Report and Site Based Stormwater Management Plan

15116 Revision B Bornhorst + Ward October 2015

Plans to be Amended Plan / Document Name Reference Number Prepared By Dated Preliminary Approval Site Plan 127098-01-20 RPS 27/05/15

Subdivision Site Plan 127098-01-18 Rev D RPS 7/10/15

CONDITION TIMING

MATERIAL CHANGE OF USE - PRELIMINARY APPROVAL

DEVELOPMENT PLANNING

1. DS20 Approved Plans

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

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

2. DPU Variation of the Superseded Caboolture ShirePlan

The Superseded Caboolture ShirePlan is amended with that part of the site generally as shown as Lots 1 - 15 on the approved (as amended) Subdivision Site Plan being included within the Residential A Zone instead of the Rural Residential Zone with the following amendments to the Superseded Caboolture ShirePlan also applying to the site; (i) Part 5, Division 11 is amended with the Assessment

Criteria for the Residential A Zone to be in accordance

To be maintained at all times.



CONDITION TIMING


with the General Residential Zone Code based on the inclusion of the land into the Next generation neighbourhood precinct in the Moreton Bay Regional Council Planning Scheme (1 February 2016) or if amended by Council, the version in effect when; (A) any development application is made to the

Council; or (B) any Self assessable or Exempt development

commences or is carried out. with the exception that the values and constraints criteria of the Moreton Bay Regional Council Planning Scheme do not apply to future development carried out under this Preliminary Approval where the future development is consistent with and carried out in accordance with the conditions of this development approval (including those applicable to the Reconfiguring a Lot component).

(ii) Part 4, Division 10 is amended with the Assessment

Table for the Residential A Zone to be in accordance with the Table of Assessment for the General Residential Zone - Next generation neighbourhood precinct in the Moreton Bay Regional Council Planning Scheme (1 February 2016) or if amended by Council, the version in effect when; (A) any development application is made to the


commences or is carried out; (iii) Part 4, Division 15 is amended with the Assessment

Table for Other Development to be in accordance with the Tables of Assessment for Reconfiguring a Lot, Building Work and/or Operational Work based on the location of the land into the General Residential Zone - Next generation neighbourhood precinct in the Moreton Bay Regional Council Planning Scheme (1 February 2016) or if amended by Council, the version in effect when; (A) any development application is made to the


commences or is carried out; (iv) Part 4, Divisions 16 to 27 are amended with the

Assessment Table for Overlays to identify any development within the site as Exempt development when consistent with and carried out in accordance with the conditions of this development approval (including those applicable to the Reconfiguring a Lot component).



CONDITION TIMING


(v) Where development is not Exempt development (due to

it being inconsistent with and/or not carried out in accordance with the conditions of this development approval), Part 6 is amended with the Overlay Codes to be in accordance with the Overlays in the Moreton Bay Regional Council Planning Scheme (1 February 2016) or if amended by Council, the version in effect when; (A) any development application is made to the


commences or is carried out. (vi) Part 7 is amended with the Development Codes to be in

accordance with the Development Codes in the Moreton Bay Regional Council Planning Scheme (1 February 2016) or if amended by Council, the version in effect when; (A) any development application is made to the


commences or is carried out. (vii) Part 2 is amended, whereby, whenever there is

reference in this development approval to the Moreton Bay Regional Council Planning Scheme (1 February 2016) or if amended by Council, the version in effect when; (A) any development application is made to the


commences or is carried out. (hereafter referred to as the ‘new planning scheme’), the reference also includes to the Schedules in the new planning scheme (e.g. definitions) as well as any instructions on how to apply and use the new planning scheme.

3. DPU Prescribed Period for Preliminary Approval

The prescribed period for this Preliminary Approval is 10 years after the day the Preliminary Approval takes effect, in accordance with section 343 of the Sustainable Planning Act 2009. Specifically, for section 343(3)(a) of the Sustainable Planning Act 2009, all development under this Preliminary Approval is to be completed within 10 years of this Preliminary Approval taking effect. To remove any doubt, any development approval given under this Preliminary Approval is to also have a ‘stated period’ of when the development approval will lapse in accordance with sections 341(1)(b),

At all times.



CONDITION TIMING


341(2)(c) and 341(3)(b) aligning to the same date that this Preliminary Approval will lapse.

DEVELOPMENT ENGINEERING

4. DEP1 Preliminary Approval – Standard Engineering Conditions

(a) Council Roads Provide all new Council roads in accordance with Council’s Superseded Caboolture ShirePlan and policies.

(b) Stormwater Management & Drainage Provide stormwater management and drainage works in accordance with Council’s Superseded Caboolture ShirePlan and policies.

(c) Service Connections

Connect each new urban lot and/or dwelling in the development to the following services: (i) Reticulated underground telecommunications; and (ii) Reticulated underground electricity.

The works must be in accordance with the relevant standards current at the time of development.

Provide all necessary connection works, internal and external to the development.

(d) Alterations and relocation of existing services

Carry out, at no cost to Council, any alteration or relocation in connection with or arising from the development to any service, installation, plant, equipment or other item belonging to or under the control of the telecommunications authority, electricity authorities, the Council or other person engaged in the provision of public utility services.

At the time of development.

CONDITION TIMING

ALL STAGES

RECONFIGURING A LOT




CONDITION TIMING

ALL STAGES

PLANS AND DOCUMENTS

5. DS20 Approved Plans

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


6. DS30 Amended Plan Required

(a) Submit amended plans incorporating the following:

(i) Amend the Preliminary Approval Site Plan to align with the revised footprint of Lots 1 - 15 on the approved (as amended) Subdivision Site Plan.

(ii) Include the 5.0 metre wide access strip at the eastern boundary of the site within proposed Lot 100 on the Subdivision Site Plan.

(b) Obtain approval from Council for the amended plans in

accordance with (a) above. (c) Implement the requirements and recommendations of the

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

(a) Prior to lodging a request for Compliance Assessment of subdivision plans

(b) Prior to lodging a

request for Compliance Assessment of subdivision plans

(c) At all times

7. DP110 Permanent Survey Marks (Reconfiguration All - Approvals)

Provide Certification from a licensed surveyor that permanent marks are in the correct position in accordance with applicable legislation and the plan of survey.

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

8. DS171 Develop in Stage – RAL

Develop the site generally in accordance with the stages identified on the approved Plan of Development. Development must comply with each condition of the development approval as it relates to each stage, unless otherwise stated in the condition.


LANDSCAPING

9. DP49 Certification for Removal of Noxious Weeds



CONDITION TIMING

ALL STAGES

Provide certification in respect to proposed Lot 100 only from an approved person or company licensed under the Agricultural Chemicals Distribution Act (1970-1996) that the area is free from groundsel and other noxious weeds, including all declared weed species as required by Land Protection (Pest and Stock Route Management) Act 2002 and Regulation 2003, and any infestations of undesirable species as listed in Schedule 8 of the Superseded Caboolture Shireplan.

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

10. DP165 Street Trees

Provide street trees within the development in accordance with the Landscaping Code and Planning Scheme Policy 14 of the Superseded Caboolture ShirePlan.


11. DP156 Landscaping – Reconfiguring a Lot

(a) Carry out landscaping and associated earthworks, site preparation and other necessary works in accordance with approved plans, details and technical specifications of any proposed planting or landscape work (both soft and hard works) where such works will be on land under the control of Council, whether as a park, reserve or road reserve. Landscaping is to accord with the Superseded Caboolture ShirePlan.

(b) Before commencing the works obtain approval for the

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

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

(b) Prior to work commencing on site.

RECONFIGURING A LOT - GENERAL

12. DP170 Water and/or Sewerage

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

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

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




CONDITION TIMING

ALL STAGES

13. DP150 Certify Lots are in Accordance with Approved Plan

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


14. DP109 Payment of Rates

Pay all outstanding rates and charges applicable to the subject land.


15. DP140 Provision of Electricity – All Lots

(a) Provide evidence (e.g. Certificate for Electricity Supply to Subdividers with Agreement Number or Certificate of Supply) demonstrating that an underground electricity supply network has or will be constructed within all new roads and along the frontage of each proposed lot.

(b) Provide an underground electricity supply connection

to each proposed lot. (c) Submit certification from a suitably qualified person that:

(i) any electricity supply connection to an existing building or a private property pole is wholly contained in the lot it serves; and

(ii) any electricity connections and infrastructure made redundant by the development is removed with the land reinstated.


VEGETATION

16. DP118 Cleared Vegetation – Disposal

Chip, shred or tub grind cleared native vegetation and spread as mulch or dispose of at an authorised waste facility. Any hollows observed in cleared vegetation must be salvaged and installed as nest boxes in trees within the property.

At all times.



TELECOMMUNICATIONS – RECONFIGURING A LOT

17. DP167 New Telecommunications Infrastructure – RAL

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

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

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

OR

(ii) Provide written confirmation from NBN Co that

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

OR (iii) Provide a ‘Telecommunications Infrastructure

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

Note: council policies are available on council’s website.

(a) Prior to the development being accepted off maintenance.

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

ENVIRONMENTAL

18. DPU Bushfire Management Plan

Implement the requirements and recommendations of the approved Bushfire Management Plan with the exception of section 4.0 recommendation point 3 which is to be replaced with ‘The existing residential property in Lot 16 is to incorporate

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



a 20m managed area (fuel reduced zone) surrounding existing lawfully constructed buildings and structures’.

19. DP113 Management of Wildlife

(a) Carry out approved vegetation clearing under the supervision of a Fauna Spotter Catcher holding a valid Rehabilitation Permit from the relevant State Government Agency.

(b) Provide an activity report, to be completed by the

supervising Fauna Spotter Catcher, including:

(i) The number and species of any animals observed during clearing;

(ii) The actions taken to deal with observed animals; (iii) The number of any animals that were required to

be relocated; (iv) The release site for any relocated animals; (v) The number (if any) of animals injured during

clearing; (vi) The treatment provided; (vii) The outcome of any treatment; and (viii) The location of the treatment.

(a) Prior to and during site works.

(b) Within fourteen (14)

days of completion of clearing.

20. DP117 Vegetation Clearing – Extent Approved

(a) Clearing of native vegetation must be limited to that outlined in the approved Vegetation Survey and Management Plan; and

(b) Clearing of native vegetation must not occur within

tree protection zones as outlined in the Vegetation Survey and Management Plan.

Prior to and during site works and to be maintained.

21. DP118 Cleared Vegetation – Disposal

Chip, shred or tub grind cleared native vegetation and spread as mulch or dispose of at an authorised waste facility. Any hollows observed in cleared vegetation must be salvaged and installed as nest boxes in trees within the property.

At all times.

22. DP115 Vegetation Management Plan

Implement the requirements and recommendations of the approved Vegetation Survey and Management Plan including but not limited to revegetation and rehabilitation works where related to the removal of on site weeds and waste or necessary due to on site works carried out. This condition has been imposed under section 665 of the Sustainable Planning Act 2009.




23. DPU Temporary Exclusion Fencing

Delineate areas where vegetation is proposed to be retained with exclusion fencing to prevent accidental felling. Clearing is to be undertaken in accordance with AS 4970-2009 Protection of Trees on Development Sites.

During site works.


24. DE302 Replace Existing Council Infrastructure

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


25. DE303 Alterations and Relocation of Existing Services

Any alteration or relocation in connection with or arising from the development to any service, installation, plant, equipment or other item belonging to or under the control of the telecommunications authority, electricity authorities, the Council or other person engaged in the provision of public utility services is to be carried with the development and at no cost to Council.


26. DE605 Stormwater Drainage - Lawful Discharge

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

At all times.

27. DE613 Stormwater Management Plan (Quantity & Quality) – Plan Approved

(a) The approved Stormwater Management Plan is accepted as demonstrating that stormwater from the proposed development can be managed in accordance with the Single State Planning Policy – Water Quality, Council’s planning scheme requirements and Council’s design standards (see note below), the “Healthy Waterways Water Sensitive Urban Design Technical Guidelines for South East Queensland” and other relevant legislative requirements.

The detailed design must consider “Water Sensitive Urban Design” principles, integrating the stormwater infrastructure into the urban design wherever possible.

Notes:

1. The approved report demonstrates satisfactory stormwater management at the time of its approval. At the time of the development works legislative/planning scheme requirements may have changed and a further amended or more detailed report may be required.

(a) Note.



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

(b) Implement the works identified in the approved Stormwater

Management Plan and provide certification from an RPEQ that all works have been designed and constructed in accordance with this permit condition.

Provide Council with “As Built” drawings and specifications of the stormwater management devices certified by an RPEQ. This condition has been imposed under section 665 of the Sustainable Planning Act 2009.


request for compliance assessment of subdivision plans.

CONCURRENCE AGENCY

28. DP138 Concurrence Agency Conditions

(a) Comply with the conditions of Department of Infrastructure, Local Government and Planning response dated 29 January 2016 (reference: SDA-0715-022020) or as amended.

(b) Provide certification to Council prepared by a suitably

qualified person or the agency demonstrating the requirements of the Department have been met.

(a) At all times. (b) At all times.

CONDITION TIMING

STAGE 1

RECONFIGURING A LOT


EXISTING BUILDINGS

29. DP64 Existing Buildings and Structures - Lot 16

Provide certification from a licensed building certifier that the reduced setbacks to the proposed Lot 16 boundaries from any buildings and/or structures on the site comply with the Building Act 1975.



30. DE76 On-site Wastewater Management - Report Required

Carry out a Site-and-Soil Evaluation for this development in accordance with the AS/NZS 1547:2000 - On-site domestic-wastewater management and the Queensland Plumbing and




CONDITION TIMING

STAGE 1

Wastewater Code, and provide the report to Council and have the report approved. The report must include an assessment of the on-site wastewater system for any existing dwellings on the subject land and include recommendations for rectification of the existing system/s to meet standards current at the time the system was installed. Upgrade the existing on-site waste water management system serving the existing dwelling on Lot 4 RP 82494 (proposed to be retained with the development) if necessary, in accordance with the recommendations of the approved report. Provide certification by a registered surveyor that the on-site system is wholly contained within the new lot including the land application system setbacks required by the Queensland Plumbing and Wastewater Code and AS/NZS 1547:2000- On-site domestic-wastewater management. Note: Any relocation/modification of the existing wastewater treatment unit or land application system will require a plumbing approval prior to the commencement of work. Note: Copies of the approved report will be made available to landowners for their information.

31. DEU Road Dedication

Dedicate road reserve for the full extent of the Havenwood Street and Daly Court frontages of the site. Dedicate sufficient width to provide a verge which is consistent with Council’s Superseded Caboolture Shire Planning Scheme for the class of road. This condition has been imposed under section 665 of the Sustainable Planning Act 2009.




CONDITION TIMING

STAGE 2

RECONFIGURING A LOT


32. DPU Transfer to Council - Lot 100

Transfer to Council the land identified as Lot 100 on the approved layout plan, in Fee Simple on trust for Stormwater Purposes having a minimum area of 1.206 hectares, with 1.13343 hectares only being Trunk Infrastructure with the balance of the lot being non-Trunk Infrastructure. This condition has been imposed under sections 647 and 665 of the Sustainable Planning Act 2009.


33. DPU Landscaping – Fire Trail Buffer

Establish the 6.0 metre wide fire trail buffer by clearing existing vegetation within the buffer at the location shown on the approved plans.


FENCING

34. DP33 Fencing - Public Boundaries

Provide semi-transparent fencing to the shared boundary of proposed Lots 1 - 15 with proposed Lot 100 to enable passive surveillance of public areas. Fencing is to have a minimum height of 1.2 metres and a maximum height of 1.5 metres and a minimum 50% transparency. The details of proposed fencing must be included within landscape plans.



35. DE402 Council Frontage Roads – Design & Construction

(a) Design and construct at no cost to Council, all frontage roads (and associated works) in accordance with Council’s Superseded Caboolture Shire Plan standards and relevant planning scheme code Probable Solutions.

(b) Design and construct the following frontage roads in

accordance with the following classification as identified in the relevant planning scheme codes:

Road Name Classification

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


request for compliance



CONDITION TIMING

STAGE 2

Havenwood Street Access Street Daly Court Access Place

(c) The extent of frontage road construction shall be as

follows: Road Name Construction Havenwood Street and Daly Court

Reconstruct verge to drain towards the roadway, in accordance with Council’s design standards and Planning Scheme requirements.

Note: The current design standards and relevant Planning Scheme codes are: 1. Planning Scheme Policy PSP4; and 2. General Works Code This condition has been imposed under section 665 of the Sustainable Planning Act 2009.

assessment of subdivision plans.

36. DE504C Construct Residential Crossovers

Construct residential driveways to proposed lots 7 and 8 in reinforced concrete, with a minimum width of 3.0 metres in accordance with Council’s Standard Drawing 01-43. The driveways are to be located clear of Council infrastructure such as gully pits. The proposed locations are to be confirmed on the approved Operational Works drawings.


37. DE603 Minimum Development Levels - Land

Develop the finished land surface level of the subject land to satisfy the minimum development level requirements of Council’s Superseded Caboolture Shire Plan planning scheme. All earthworks must comply with Council’s planning scheme requirements, relevant Australian Standards and construction best practice.

Notes: 1. The design standards and relevant planning scheme

codes are: • Planning Scheme Policy PSP4; and • Stormwater Code.

2. The current flood levels (storm tide flooding and/or river

& creek flooding) to be used for development can be obtained from the relevant section of the Flood Check




CONDITION TIMING

STAGE 2

Property Report available via Council’s website: www.moretonbay.qld.gov.au)

ADVICE

ASSESSMENT CODES AND POLICIES

1. DPA1 Aboriginal Cultural Heritage Act 2003

The Aboriginal Cultural Heritage Act 2003 commenced in Queensland on April 16, 2004. Under the Act, indigenous parties are key in assessing cultural heritage significance. The Aboriginal Cultural Heritage Act 2003 establishes a Duty of Care for indigenous cultural heritage. This applies on all land and water, including freehold land. The Cultural Heritage Duty of Care lies with the person or entity conducting the activity. Penalty provisions apply for failing to fulfill the Cultural Heritage Duty of Care. Those proposing an activity that involves additional surface disturbance beyond that which has already occurred on the proposed site need to be mindful of the Duty of Care requirement. Details of how to fulfill the Duty of Care are outlined in the Duty of Care Guidelines gazetted with the Act. Council strongly advises that you contact the relevant state agency to obtain a copy of the Duty of Care Guidelines and further information on the responsibilities of developer under the terms of the Aboriginal Cultural Heritage Act 2003.

2. DPA30 Adopted Infrastructure Charges

Payment of Infrastructure Charges in accordance with Council’s Adopted Infrastructure Charges Resolution or as amended apply to this development approval. From 1 July 2014, Moreton Bay Regional Council no longer issues an Infrastructure Charges Notice on behalf of Unitywater for water supply and sewerage networks and therefore a separate Infrastructure Charges Notice may be issued directly to the applicant by Unitywater in respect to this development approval. Payment of Infrastructure Charges is to be in accordance with the Infrastructure Charges Notice issued with this development approval and any Infrastructure Charges Notice issued by Unitywater. From 1 July 2014, all Infrastructure Charges for infrastructure networks controlled by Unitywater (eg. water and/or sewerage) regardless of when the Infrastructure Charges Notice was issued are to be paid directly to Unitywater while Infrastructure Charges for networks controlled by Moreton Bay Regional Council will continue to be paid directly to Moreton Bay Regional Council.

3. DPA36 Telecommunications Infrastructure



CONDITION TIMING

STAGE 2

Telecommunications Infrastructure to and within the development is to be in accordance with the Telecommunications Act 1997 and any other relevant legislation.

PROPERTY NOTES

4. DS11 Structures on Boundaries Adjoining Public Land

The following property note will be attached to Council’s database for Lot 1 - 16: “The maintenance of any structure, including fences, retaining walls, and revetment walls, located on a lot adjacent to the common property boundary with public land, including roads and parks, is the responsibility of the lot owner.”

5. DS02 Bushfire Management

The following property note will be attached to Council’s database for Lots 1 - 16: “An approved Bushfire Management Plan applies to this lot. Any development on this lot must be in accordance with the approved Bushfire Management Plan and any conditions related to the approved plan. Further details can be found in the development permit creating the lot or the development approval for the use, and the associated Council report (Delegated or Council Meeting) or approval letter. This information is available through the PD Online facility on Council’s website www.moretonbay.qld.gov.au.”

B. That Council undertakes a notation to the Superseded Caboolture ShirePlan that reflects this

Preliminary Approval varying the effect of the Planning Scheme to enable development on part of the site as shown on the approved plans in accordance with the Residential A Zone provisions of the Superseded Caboolture ShirePlan as varied by this development approval at 475 Morayfield Road, Burpengary, on land described as Lot 4 RP82494.

C. That in accordance with section 324 of the Sustainable Planning Act 2009, the Assessment Manager

considers that the decision conflicts with the Rural Residential Zone Planning Area Code provisions of the Planning Scheme however there are sufficient grounds to warrant approval of the proposal despite the conflict as described below.

Conflict with the Rural Residential Zone Planning Area Code provisions.

The proposal is to vary the effect of the Superseded Caboolture ShirePlan by allowing development to occur in accordance with the Residential A Zone (Emerging Area) provisions as varied by the conditions of approval. The proposal will provide for increased residential housing choice at an appropriate location within the locality, whilst not unreasonably diminishing the level of services able to be delivered to the community. The approval is consistent with the zoning of the land in the Moreton Bay Regional Council Planning Scheme that commenced on 1 February 2016.

D. That all external Referral Agencies and submitters for the application be provided with a copy of

Council’s Decision Notice.

http://www.moretonbay.qld.gov.au/



REPORT DETAIL 1. Background A Prelodgement Meeting (PRE/2688) was held on the 27 April 2015 to discuss a proposal for residential subdivision. 2. Explanation of Item 2.1 Proposal Details This application seeks a: (a) Material Change of Use – Preliminary Approval to vary the effect of the Superseded Caboolture

ShirePlan to allow development in accordance with the Residential A Zone; and (b) Reconfiguring a Lot – Development Permit for Subdivision (1 into 16 Lots and Open Space)

at 475 Morayfield Road, Burpengary, on land described as Lot 4 RP82494. The site is located within the Rural Residential Zone (Transition Precinct) and has an area of 2.3585ha.

The Preliminary Approval proposes to apply the Residential A Zone provisions contained within the Superseded Caboolture ShirePlan to part of the site, with the balance area to remain unchanged with the future development of that land to be carried out in accordance with the planning scheme in effect at that time. Overlay codes are to be addressed as a part of the Preliminary Approval application with the applicant proposing that the overlay codes not apply to future development applications made pursuant to the Preliminary Approval. Given the Caboolture ShirePlan has now been superseded by the Moreton Bay Regional Council Planning Scheme, it has been determined in the assessment of the development application that future houses built on the proposed lots should be subject to the new MBRC planning scheme and not the Superseded Caboolture ShirePlan. To achieve this, it is recommended to amend the Superseded Caboolture ShirePlan Residential A zone provisions to apply to the site to align with the MBRC planning scheme provisions for the General Residential Zone, Next generation neighbourhood precinct. In addition, the proposal also seeks to create 16 lots and open Space (Lot 100) over 2 Stages. Stage 1 facilitates the Preliminary Approval component by creating proposed Lot 16 (4,765m² ) as a Rural Residential lot and a balance area subject to further development as Stage 2 of this development application. The zoning of proposed Lot 16 is not proposed to be changed by this development application with any future development of Lot 16 left to be assessed against the planning instrument in effect at the time of development. Lot 16 is proposed to retain the existing Dwelling house and ancillary structures and maintain the current residential access driveway to Morayfield Road. Stage 2 is to subdivide the balance area to create 15 Small Residential Lots and an Open Space area. Both the residential lots and open space are proposed to front on and have direct access to Havenwood Street and Daly Court. The proposed Small Residential Lots range between 400m² and 510m² with lot frontages varied and dispersed within the streetscape. The proposed Open Space (Lot 100) is to contain a stormwater treatment area in the northeast corner. Significant vegetation will be retained in the park lot. A 6.0 metre wide fire trail buffer is proposed within Lot 100 for firefighting, maintenance and bushfire mitigation purposes. 2.2 Site and Locality

2.2.1 Existing Use The site contains a single Dwelling house and associated structures. The site is heavily vegetated and forms part of Gympie Creek, a riparian corridor traversing the site.



2.2.2 Topography The site falls towards a gully traversing the site in a north-easterly direction towards Gympie Creek. 2.2.3 Surrounding Land Use

Direction Superseded Caboolture ShirePlan Zone

MBRC Planning

Scheme Zone

Current Land Use

North Rural Residential Zone - Transition Precinct

General residential zone - Next generation neighbourhood

Dwelling house

South Residential A Zone General residential zone - Next generation neighbourhood

Dwelling house

East Material Change Of Use - Preliminary Approval To Override The Planning Scheme (Residential A Uses) (DA/26681/2012/V23R)

General residential zone - Next generation neighbourhood

Dwelling house

West Special Use General residential zone - Next generation neighbourhood

Dwelling house

2.3 State Planning Instrument Assessment

2.3.1 State Planning Regulatory Provisions (SPRPs) An assessment against each of the State Planning Regulatory Provisions is set out as follows:

Name Designation Applicable Requirements State Planning Regulatory Provision (Adopted Charges)

None Not Applicable to Development Assessment however the SPRP has informed the Council’s Adopted Infrastructure Charges Resolution that is discussed in section 2.5.1 of this report.

State Planning Regulatory Provisions (Adult Stores)

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

South East Queensland Koala Conservation State Planning Regulatory Provisions

None

The development proposal is not located in a Priority Koala Assessable Development Area or Koala Assessable Development Area and therefore the State Planning Regulatory Provisions do not apply.

Southeast Queensland Regional Plan 2009-

Urban Footprint

The development proposal is for an urban activity in the urban footprint and there are no requirements in the



Name Designation Applicable Requirements 2031 (SEQRP) State Planning Regulatory Provisions

State Planning Regulatory Provisions applicable to the development proposal.

2.3.2 State Planning Policy On 2 December 2013, the single State Planning Policy (SPP) came into effect and includes interim development assessment requirements to be applied by Council until the SPP has been appropriately integrated into Council’s planning scheme applying to the subject land. For some state interests, the SPP includes a statutory code the development is required to be assessed against. Assessment against the SPP is set out as follows;

Applicable to the Development SPP Requirement Comment

State interest - Liveable Communities

☐ No None Not applicable

State interest - Mining and Extractive Resources


State interest - Biodiversity


State interest – Coastal Environment


State interest – Water Quality ☐ Yes Receiving Waters trigger

Development: (1) avoids or otherwise minimises

adverse impacts on the environmental values of receiving waters, arising from: (a) altered stormwater quality or

flow, and (b) wastewater (other than

contaminated stormwater and sewage), and

(c) the creation or expansion of non-tidal artificial waterways, and

(2) complies with the SPP code: Water quality (Appendix 2).

SEQ Water Supply Catchment Trigger Development: (1) complies with the specific

outcomes and measures contained in the Seqwater Development Guidelines: Development Guidelines for Water Quality Management in Drinking Water Catchments 2012, as if:

An assessment of the proposed development has been undertaken against the applicable SPP requirements, and the proposal complies. The recommendations of this report include conditions relating to stormwater quality and quantity. These conditions will ensure the development avoids impacts on the environmental values of the receiving waters. Therefore, the proposal achieves this State interest.




(a) the specific outcomes are the performance outcomes, and

(b) the measures are the acceptable outcomes.

Acid Sulfate Soils Trigger Development: (1) avoids the disturbance of acid

sulfate soils by: (a) not excavating or otherwise

removing soil or sediment that contains acid sulfate soil (ASS), and

(b) not permanently or temporarily extracting groundwater that results in aeration of previously saturated ASS, and

(c) not undertaking filling that results in moving ASS below the water table, or

(2) ensures that the disturbance of ASS avoids or minimises the mobilisation release of acid and metal contaminants by: (a) neutralising existing acidity and

preventing the generation of acid and metal contaminants, and

(b) preventing the release of surface or groundwater flows containing acid and metal contaminants into the environment.

State interest – Emissions and Hazardous Activities


State interest – Natural Hazards ☐ Yes All Natural Hazards Trigger

(1) avoids natural hazard areas or mitigates the risks of the natural hazard, and

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

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

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

An assessment of the proposed development has been undertaken against the applicable SPP requirements, and the proposal complies.




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

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

Coastal Hazards Trigger Development: (6) is not located in an erosion prone

area within a coastal management district unless: (a) it cannot feasibly be located

elsewhere, and (b) is coastal-dependent

development, or temporary, readily relocatable or able-to-be-abandoned development, and

(7) that is the redevelopment of existing permanent buildings or structures, is located outside an erosion-prone area or, where this is not feasible, redevelopment: (a) is located:

i. as far landward from the seaward property boundary as possible, or

ii. landward of the seaward alignment of the neighbouring buildings, and

(b) provides space seaward of the development within the premises to allow for the future construction of erosion control structures, such as a seawall, and

(8) proposes to undertake coastal protection work (excluding beach nourishment) only as a last resort where coastal erosion presents an imminent threat to public safety or existing buildings and structures, and all of the following apply: (a) the property cannot reasonably

be relocated or abandoned, and

(b) any coastal protection work to protect private property is located as far landward as




practicable and on the lot containing the property to the maximum extent reasonable, and

(c) the coastal protection work mitigates any increase in coastal hazard risk for adjacent areas.

State interest – State Transport Infrastructure ☐ Yes Development:

(1) integrates with transport infrastructure and supports public passenger transport and active transport as attractive alternatives to private transport, and

(2) complies with the SPP Code: Land Use and Transport Integration.

An assessment of the proposed development has been undertaken against the applicable SPP requirements, and the proposal complies.

State interest – Strategic Airports and Aviation Facilities

☐ No None 2.4 Local Planning Instrument Assessment – Superseded Caboolture ShirePlan

2.4.1 Desired Environmental Outcomes The intent of the Rural Residential Zone – Transition Precinct is to provide for ‘single detached dwellings on large lots’ whilst retaining areas ‘for possible long term residential development and accommodate required infrastructure’. Further, development is not to ‘pre-empt or compromise the potential development of Rural Residential (Transition Area designation) for urban purposes beyond the life of the planning scheme.

Due to the inconsistent nature of the proposed development it is necessary to undertake an assessment of the Desired Environmental Outcomes of the Superseded Caboolture ShirePlan 2005 to determine whether the proposed development achieves the intent of the planning scheme, as outlined below.

Desired Environmental Outcomes Proposed Development (i) The ecological qualities of areas of local,

regional and State ecological significance including waterways, coastlines, areas of remnant vegetation and wildlife corridors (and the species they support, including critical habitat and species of conservation significance) are protected and enhanced.

The site is traversed by a tributary of Gympie Creek. This creek forms part of the riparian corridor and native vegetation concentrated along the waterway. The applicant has satisfactorily demonstrated the proposed development will not adversely impact upon the natural environmental values. The significant areas of vegetation along the waterway will be maintained as part of Lot 100 dedicated to Council. Further the proposal incorporates water quality controls in Lot 100 to ensure the development will not impact on the water quality of the catchment.

(ii) There are no significant adverse effects on major natural features, including the D’Aguilar Range, the Glass House

Not applicable. The site does not contain nor is it in proximity to a major natural feature.



Desired Environmental Outcomes Proposed Development Mountains, land within and adjoining coastal management districts, Pumicestone Passage, Deception Bay and waterways draining to those features, in terms of land, air or water quality, recreational use, scenic amenity or their use as open space links.

(iii) Extractive and mineral resources, good quality agricultural land, forestry resources and fisheries are available for ongoing productive use.

Not applicable. The site does not contain nor is it in proximity to a natural resource, good quality agricultural land, forestry or fishery.

(iv) The adverse effects of naturally occurring and man-made hazards on the natural environment and human communities are minimised.

The recommendations of this report include conditions to ensure there are no adverse impacts to the natural environment as a result of the proposed development.

(v) Commercial uses are consolidated in Centres and are located in accordance with the centres hierarchy in which higher order commercial, retail and administrative uses are located in the Caboolture-Morayfield Metropolitan Centre, middle order commercial uses are located in the Bellara, Burpengary and Deception Bay District Centres and single or a small number of convenience uses are located in the various local centres dispersed throughout the Shire.

Not applicable. The proposal is seeking to establish a logical extension to the residential development of the surrounding locality.

(vi) Industrial uses are consolidated in industrial areas and are located in accordance with the industrial hierarchy in which large scale, high impact industries are located in the Regional Industry Zone at Narangba, medium scale low impact industrial uses are located in the District Industry Zone at Caboolture (Bribie Island Road/Bruce Highway interchange) and Morayfield (Nolan Drive) and small, low impact industrial uses are located in the Local Industry Zone dispersed throughout the Shire.

Not applicable. The proposal is seeking to establish a logical extension to the residential development of the surrounding locality.

(vii) The Caboolture-Morayfield Centre is the principal administrative, retail, commercial and community centre for the Brisbane north metropolitan region and development in any part of the Shire does not have a significant adverse impact upon this role.

Not applicable. The proposed development is seeking to establish a logical extension to the residential development of the surrounding locality. Further, the proposed development will assist in reinforcing the centre’s role within the community by generating additional demand for the commercial uses located within the centre.

(viii) Rural lands are conserved as a fundamental and valuable element of the Shire’s identity and character and are protected from incompatible non-rural land uses.

Not applicable. The site is not identified as a rural holding.



Desired Environmental Outcomes Proposed Development (ix) The efficient and effective use and

provision of physical and social infrastructure in the Shire is maximised.

The proposed development will utilise the existing social infrastructure provided within the locality. Further, the development will construct additional physical infrastructure to ensure the development is sufficiently serviced, as conditioned within the report recommendations.

(x) Opportunities for cultural facilities and services, public places and open space that promote cultural, recreational or social interaction are maximised.

The Morayfield Metropolitan Centre accommodates a wide range of services such as doctors, shops and offices and is easily accessible to the north of the site. The Council’s regional sports complex is in proximity to the east of the site meeting the recreational needs.

(xi) The cultural heritage values of identified places are protected, maintained and enhanced.

Not applicable. The site does not possess any identified cultural heritage values.

(xii) The valuable features, built environment and land use pattern of new, and the growth or redevelopment of existing communities provides areas with a distinct sense of place and local identity.

The proposed development is sensitive and responsive to adjoining residential properties and will deliver a consistent urban form and appearance. The development layout is responsive to the environmental and drainage constraints applicable to the land.

(xiii) The standards and range of housing, businesses, services and facilities reflect community needs.

The proposed development will provide greater housing variation and opportunities within the locality. This will be achieved through a variety of allotments sizes.

(xiv) Land to the north of the Caboolture and Elimbah urban and rural residential area maintains a rural or forested character as part of the major urban break between the Brisbane and Sunshine Coast metropolitan regions, and the urban areas of Caboolture-Morayfield, Burpengary-Narangba, Deception Bay and Ningi-Sandstone Point are separated from each other by rural residential, rural, open space or nature conservation areas as part of a series of interconnected intra-urban breaks.

Not applicable. The site is not located within the rural residential area north of Caboolture or Elimbah.

(xv) Opportunities to harness renewable resources over non-renewable resources are maximised.

The proposed development is capable of utilising renewable resources through building design and infrastructure incorporated within the construction of subsequent buildings within the master plan area.

(xvi) Residential uses are consolidated within the existing urban areas and in particular the Caboolture-Morayfield-Burpengary-Narangba corridor.

The site is located within the Morayfield-Burpengary corridor and will be integrated with the existing urban development in the immediate locality.

The assessment demonstrates that the proposal does not conflict with the broad intent of the Superseded Caboolture ShirePlan.



2.4.2 Assessment of Applicable Codes

Applicable Codes Code Compliance Alternative Solutions Proposed

Zone/ Locality Code Planning Area Code (Rural Residential Zone - Transition Precinct)

No Assessment against the Desired Environmental Outcomes

Planning Area Code (Residential A Zone) Yes

Development Codes Reconfiguring a Lot Code Yes S7.1, S7.2, S25.1 General Works Code Yes Landscaping Code Yes Stormwater Code Yes Traffic, Access and Parking Code Yes

Overlay Codes Acid Sulfate Soils Overlay Code Yes

Bushfire Hazard Overlay Code Yes

Catchment Protection Overlay Code Yes

Nature Conservation Overlay Code Yes

Transport Infrastructure Overlay Code Yes

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



Specific Outcome Probable solution

Reconfiguring a Lot Code SO7 (a) Lots have an appropriate area and

dimensions for the establishment of uses consistent with the purpose of the relevant zone and for the siting of: (i) required buildings and structures; (ii) associated vehicular access; (iii) parking and manoeuvring; (iv) effective circulation; (v) landscaping; and (vi) any necessary buffering.

(b) For the Rural Residential Zone, the minimum lot size achieves the following: (i) for land located within the ‘Buffer Areas

Precinct’ the impact of other land uses on rural residential development is minimised and the impact of the rural residential development on sensitive environmental and rural areas is minimised;

(ii) for land located within the ‘Park Residential Precinct’ the development provides for rural residential style living on land that is of a sufficient size to ensure environmental considerations have not been compromised and that adequate land is available for both effluent disposal and private recreation purposes;

(iii) for land located within the ‘Restricted Precinct’ the existing size and shape of lots is maintained;

(iv) for land located within the ‘Transition Precinct’ the existing size and shape of lots is maintained for possible future residential development.

(c) A variety of lot sizes is provided for within each residential and rural residential development and the creation of residential areas comprising solely of lots with sizes close to or at the minimum permitted area is avoided.

Note: Refer to the maps in Schedule 6 for the Rural Residential Zone precincts.

S7.1 Lot areas and dimensions are in accordance with Table 7.21. S7.2 Lots contain a diameter circle in accordance with Table 7.21.

Alternative Solution Assessment The applicant’s proposal does not rely on any of the Probable Solutions for the Rural Residential zone due to the overriding request to apply for a Preliminary Approval to allow the development of the land to be carried out in accordance with the Residential A zone. Therefore, the proposal



Specific Outcome Probable solution does not comply with the Specific Outcome and requires assessment against the Overall Outcomes of the code. SO25 Small lots do not adversely affect the character and amenity of the stated planning character of the area.

S25.1 Small lots are only located within a Residential Emerging Area as identified in Schedule 4.

Alternative Solution Assessment

The applicant seeks to vary the effect of the Superseded Caboolture ShirePlan - Rural Residential Zone (Transition Precinct) to apply the Residential A Zone Planning Area Code. As part of this request, the applicant seeks to include Small Lots as part of a Reconfiguring a Lot - Development Permit. The Rural Residential Zone - Transition Precinct is intended to be maintained until appropriate urban residential development can be provided upon full infrastructure provision. The site adjoins land to the south within the Residential A Zone developed for urban residential purposes and including Small Lots and Dual Occupancies. Rural Residential Zone - Transition Precinct land to the east at 39 Lagoon Road, Burpengary has an existing approval for a Material Change of Use - Preliminary Approval to Override the Planning Scheme (Residential A Uses) and Reconfiguring a Lot - Development Permit (1 into 17 lots) (DA/26681/2012/V23R) incorporating Small Lots. The stated character of the area under the Superseded Caboolture ShirePlan is for the area to remain as rural residential. Therefore, the proposal does not comply with the Specific Outcome and requires assessment against the Overall Outcomes of the code. However it is noted under the new MBRC Planning Scheme which commenced on 1 February 2016, the stated character of the area is now for the area to be developed at Next Generation Neighbourhood densities in a manner consistent with the proposal as submitted.

2.4.3 Moreton Bay Regional Council Planning Scheme (in effect 1 February 2016) The new planning scheme that came into effect on 1 February 2016 identifies the following in relation to the land the subject to the development application;

Zone(s) General Residential Zone Precinct(s) Next generation neighbourhood Overlay(s) Acid Sulfate Soils Building Height Bushfire Hazard Environmental Areas Flood Hazard

• Balance area • Medium risk

Overland Flow Path Riparian and Wetland Setbacks Stormwater Catchments Transport Noise Corridor Place Type(s) Coast and Riverlands Next Generation Neighbourhood



In reference to the proposed development, it would be identified in the new planning scheme as follows;

Definition (for MCU) Not Applicable or Required Lot Types (for RAL) Lot Types D, E and F Level of Assessment Code Consistency Consistent

Under the purpose for the General Residential Zone - Next generation neighbourhood precinct it is stated that: The Next generation neighbourhood precinct supports site densities between 15 and 75 dwellings per hectare and provides neighbourhoods that have a mix of residential uses, tenure and densities on a variety of lot sizes providing housing choice and affordability for different lifestyle choices and life stages to meet diverse community needs. The proposed development provides a site density of 22.17 dwellings per hectare over the land subject to the preliminary approval. The proposed reconfiguration provides a variety of lot types with lot frontages dispersed along the Havenwood Street and Daley Court streetscape. The development proposal is therefore consistent with the intent of the precinct.

2.5 Other Relevant Assessment

2.5.1 Infrastructure Charges In accordance with section 5 of the Council’s Infrastructure Charges Resolution No. 4 commencing on 1 February 2016 (ICR), the subject site is not located in the identified Priority Infrastructure Area.

2.5.1.1 Levied Charge

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

2.5.1.2 Levied Charge Credit

In accordance with section 14 of the ICR, a credit exists for the development based on the credit being the greater of the following amounts: (a) Payment of previous charges or contributions There is no record of a previous charge or contribution having been made in relation to the land in accordance with section 15 of the ICR. Accordingly, the credit available under this option is $0.00. (b) Lawful use of land An assessment of existing and previous lawful uses of the land has determined that a credit amount of $16,800 exists and has been calculated based on a 3 bedroom residential allotment. (c) Other development able to occur without a development permit There is no other development able to be lawfully carried out without a development permit (including a development permit for Building Works). Accordingly, the credit available under this option is $0.00.

(d) Where clauses (a) - (c) above do not apply Not Applicable as clause (a), (b) or (c) above applies.



2.5.1.3 Levied Charge Offset or Refund The proposal identifies land to be dedicated to Council shown on the proposal plans as Lot 100 - Open Space of 1.206 hectares. In accordance with section 647 of the Sustainable Planning Act 2009, the land is available for an offset as Trunk Infrastructure for land within the river and creek system for stormwater conveyance purposes in accordance with section 14 of Council’s Infrastructure Charges Resolution Implementation Policy February 2016 less the portion of the lot required to accommodate the developments stormwater treatment basin. The development requires a treatment area that has been estimated by Council officers as 725.7m2 extending to the outer edge of the maintenance path around the edge of the treatment area (for calculations refer to doc id: A13655955). An offset amount calculated in accordance with section 14 as follows is to be included in the Infrastructure Charges Notice attached to this report. Proposed Lot 100 - 1.206 hectares less 0.07257 hectares equals 1.13343 hectares. - Full extent of Lot 100 is constrained land within the 1% AEP interval or a thirty (30)

metre riparian buffer from the top of bank, whichever is greater, of the river and creek system mapped in the Plans for Trunk Infrastructure for stormwater in the Priority Infrastructure Plan.

- Calculation of Offset for Stormwater Conveyance Purposes in accordance with Appendix 1:

o 1.13343 hectares (11,334.3m²) x $5.00m² (Morayfield Constrained Land) = $56,671.50 Offset available

2.5.1.4 Additional Trunk Infrastructure Costs

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

or scale of the development assumed in the ICR, or (b) requires new trunk infrastructure earlier than when identified in the ICR; or (c) is located completely or partly outside the Priority Infrastructure Area and the development will impose additional trunk infrastructure costs on Council after taking into account the levied charge and any trunk infrastructure provided, or to be provided by the development. In this instance, having assessed the proposed development, it does not warrant the imposition of an additional payment condition.

2.6 Referrals

2.6.1 Concurrence Agencies ▫ Department of Infrastructure, Local Government and Planning The application was referred to the Department of Infrastructure, Local Government and Planning with Council advised on the 29 January 2016 that the Department has no objection to the proposal subject to a number of conditions to be attached to Council’s decision notice.

2.6.2 Advice Agencies There were no Advice Agencies involved in assessing this application.



2.6.3 Third Party Agencies There were no Third Party Agencies involved in assessing this application. 2.6.4 Internal Referral

2.6.4.1 Development Engineering

Layout Issues Road dedication of 400mm will be required from the subject lot to allow a 4.0 metre wide verge along Havenwood Street and Daly Court. There is a proposed drainage basin behind proposed Lots 1 to 3. Access to this basin will be via a 5.0 metre wide access strip at the eastern boundary of Lot 1. This access strip is recommended to be included as part of Lot 100. As a consequence the recommendations of this report include conditions that the land be dedicated to Council to provide the appropriate verge and that the access strip be included in proposed Lot 100. Site Access and Park ing Access to proposed Lot 16 will be via the existing access to Morayfield Road. Proposed Lots 1 to 15 will have direct frontage access to Havenwood Street and Daly Court. On-street parking will be restricted near proposed Lots 6-8 at the intersection of Havenwood Street and Staaten Street where the existing intersection treatment will limit parking spaces. However sufficient space is available nearby for the required on-street parking. Stormwater Management and Drainage Discharge A Stormwater Management Plan dated October 2015 by Bornhorst and Ward has been provided in support of the application. The report has satisfactorily addressed stormwater quality and quantity issues. The site is currently affected by River and Creek flooding. Fill is proposed on the proposed Lots 1 to 15 and will raise these lots above the 1% AEP flood level. Earthworks The northern road verge presently grades away from the road. Fill will be placed in the verge to allow drainage towards the road. Fill is to be placed on proposed Lots 1 to 15 to provide flood immunity as noted in the Stormwater section above. Compensatory cut earthworks are to be undertaken in various locations on proposed Lots 16 and 100 to balance the fill on proposed Lots 1 to 15. Levels on site range between RL 10m AHD and RL 14m AHD. No excavation is proposed below RL 10m AHD. Discovery of acid sulphate soils is unlikely. Wastewater Treatment and Effluent Disposal The existing residence is not connected to sewer. There is no indication of the location of the treatment system for this existing residence. Confirmation will be required that the existing system is satisfactory and any disposal area is contained within Proposed Lot 16. As a consequence the recommendations of this report include a condition requiring the existing on-site wastewater management system to be checked and confirmed as fully contained within proposed Lot 16. Proposed Lots 1 to 15 are intended to be connected to an existing sewerage network in the development to the south.



2.6.4.2 Environmental Planning Environmental planning matters considered as part of a wider assessment are as follows:

- A mapped minor watercourse - Bushfire management - Nature Conservation Area and Vegetation management.

Minor watercourse The development is within the 40 metre buffer for minor waterways required by the Catchment Protection Overlay Code. The Vegetation Survey and Management Plan (Rev A/October 2015) states the development layout has incorporated the waterway corridor within Lot 100, and has set back development by a minimum of 22m from the centre line of the waterway (as mapped by DNRM) to the edge of the bushfire access way. This refers to the distance from the bushfire access setback to Lot 15 (the closest of the smaller lots to the waterway). The 40m minor waterway buffer extends entirely into the eastern portion of Lot 16 and the waterway only appears to be a few metres from Lot 16’s southern boundary. The existing house is within this buffer zone and is an existing situation that does not change the impact to the waterway. Ground-truthing determined the existing drainage line is in poor condition, supporting limited riparian vegetation and is dominated by grasses and weeds. With the implementation of the proposed building envelopes and bushfire setbacks as indicated on Figure 2-2 of the Vegetation Survey and Management Plan (Rev A/October 2015) as well as stormwater management measures the development will not have a detrimental impact on the values or aquatic ecosystem of the mapped waterway. Bushfire hazard area The development site is mapped as a Medium Hazard and Low Hazard area by the Superseded Caboolture ShirePlan and as High Hazard area by SPP (State Planning Policy) Interactive Mapping. A 6.0m wide vehicular trail (4.0m wide formed) is proposed between the bushfire interface and the rear boundaries of lots 1 to 14 and returns to Havenwood Street along the western boundary of lot 15. A 10.0 metre wide Asset Protection Zone (APZ) is proposed along the rear boundaries of lots 1 to 15 with 8.0 metres of the APZ located within the lot boundaries. A condition is recommended for lot 16 to incorporate a 20.0m managed area (fuel reduced zone) from existing lawful buildings and structures. With the implementation of recommendations outlined in the Bushfire Threat Assessment (May 2015), the presence of a waterway and riparian vegetation to the west to the site, the proposed lot and bushfire protection zone configuration is adequate to minimise the potential impacts of bushfire as well as any adverse impacts on the nature conservation values of the site. Nature Conservation Area and Vegetation Management The development proposes the removal of native vegetation mapped under the Nature Conservation Overlay to site new buildings and mitigate potential bushfire hazard. Twelve of the proposed lots (including Lot 16) are within the Nature Conservation Area 20.0 metre buffer, with a number of lots building envelope within the buffer. The Vegetation Survey and Management Plan states that at a minimum there will be a 10.0 metre buffer (including the 6.0m



fire break). The proposed 10.0 metre buffer, in association with the proposed rehabilitation of areas adjacent to the conservation area, is adequate to protect the conservation values of the area. Vegetation will be retained within the conservation area along the northern boundary of the development, as well as within the balance lot (Lot 100) open space. Vegetation outside of the conservation area and lot 100 will require removal to undertake the necessary earthwork activities to facilitate the development. The stormwater device is located largely out of the buffer with the vegetation that requires clearing to mainly consist of Slash Pine (a weed species).

With implementation of the management measures and rehabilitation plan as outlined in the Vegetation Survey and Management Plan, the conservation values of the area will be maintained. 2.6.4.3 Engineering Construction Management - Parks The Parks Section confirms for the ongoing maintenance it is appropriate for the proposed 6.0 metre wide maintenance/fire trail within the future Open Space (Lot 100) to be under Council maintenance.

2.7 Public Consultation 2.7.1 Public Notification Requirements under the Sustainable Planning Act 2009 The application was publicly notified for a period of thirty (30) business days, being for a preliminary approval affecting the planning scheme, in accordance with the requirements of the Sustainable Planning Act 2009. The application was publicly notified from the 9 October 2015 until the 20 November 2015. 2.7.2 Submissions Received There was one (1) properly made and one (1) not properly made submission received in respect to this application. The matters raised within the submissions are outlined below:

Assessment of Submissions Issue Discussion Local wildlife residing in bushland.

Areas identified within the Nature Conservation Overlay will be retained within the proposed Lot 100 Open Space with encroachment by the residential lots bushfire asset protection zone being only within the buffer area. The recommendations of this report include a condition requiring the approved Vegetation Survey and Management Plan prepared by RPS to be implemented to rehabilitate the area of the Open Space to provide additional habitat. This is not sufficient grounds for refusal of the application.

Adjoining owners were advised that the land was not developable as part of purchase.

The site forms part of the Rural Residential Zone – Transition Precinct which intends to provide for ‘single detached dwellings on large lots’ whilst retaining areas for possible long term urban residential development. The applicant proposes to fully service the site through the Reconfiguring a Lot - Development Permit for residential uses consistent with the intent of the Rural Residential Zone (Transition Precinct). The land is therefore recommended to



Assessment of Submissions Issue Discussion

be developed in accordance with the reconfiguring a lot proposal as appropriate development within the locality. This is not sufficient grounds for refusal of the application.

Flooding - The site is part of a natural flood way and if developed, may cause flooding at adjacent properties.

A Stormwater Management Plan has been submitted satisfactorily addressing drainage and potential flooding in the area. Compensatory earthworks are proposed within the floodway to preserve its capacity without impacts on other properties. This is not sufficient grounds for refusal of the application.

Additional traffic in the area.

There will be a small increase in local traffic, however traffic volumes are anticipated as part of the road network with sufficient capacity within Havenwood Street and Daley Court. This is not sufficient grounds for refusal of the application.

2.7.3 Notice of Compliance The Notice of Compliance was received by Council on the 25 November 2015. The Notice of Compliance identifies that the public notification requirements for the application were correctly undertaken in accordance with the Sustainable Planning Act 2009.

3. Strategic Implications 3.1 Legislative/Legal Implications

The applicant and submitters have appeal rights in accordance with the Sustainable Planning Act 2009.

3.2 Corporate Plan / Operational Plan

Strengthening Communities: Development assessment, the assessment of development applications and provision of development advice.

3.3 Policy Implications The proposal is generally in accordance with the broader intent with the Superseded Caboolture ShirePlan and relevant policies and is consistent with the current MBRC Planning Scheme.

3.4 Risk Management Implications

The proposed development will have minimal risk implications to Council. 3.5 Delegated Authority Implications

Not applicable. 3.6 Financial Implications

a) In the event that an appeal is made to the Planning & Environment court against Council’s decision, the Council will incur additional costs in defending its position.

b) Permit conditions require infrastructure contributions to Council.

3.7 Economic Benefit Appropriate developments support the growing Moreton Bay region.



3.8 Environmental Implications New development contributes to sustainable management and protection of the natural environment in the region through compliance with the planning schemes policies and provisions.

3.9 Social Implications

Appropriately designed and located development contributes to diverse, vibrant and safe communities and facilities.

3.10 Consultation / Communication This application was publicly notified from the 9 October 2015 until the 20 November 2015.



ITEM 2.2 DA/30151/2015/V23R - MCU – PRELIMINARY APPROVAL TO VARY THE EFFECT OF THE SUPERSEDED PINERIVERSPLAN TO APPLY THE RESIDENTIAL A AND PARK & OPEN SPACE ZONES AND RECONFIGURING A LOT – DEVELOPMENT PERMIT FOR SUBDIVISION (1 INTO 182 LOTS) 66 WESLEY RD, GRIFFIN (LOT 1 SP273809) PARISH REDCLIFFE - DIVISION 4 APPLICANT: Fairmont Group C/- Land Surveying Dynamics (LSD) Pty Ltd OWNER: Angelo Caruso, Maria Caruso, Salvatore Caruso, Carmelo Caruso Meeting / Session: 2 PLANNING & DEVELOPMENT Reference: A13102590 : 11 May 2016 – Refer Supporting Information A13102591,

A13562283 & A13673986 Responsible Officer: AH (Development Services) Executive Summary

Applicable Planning Scheme PineRiversPlan (now Superseded) Applicant Fairmont Group Owner(s) Angelo Caruso, Maria Caruso, Salvatore Caruso, Carmelo

Caruso Site Address 66 Wesley Road, Griffin Property Description Lot 1 SP273809 Area 11.5761 hectares Proposal Material Change of Use – Preliminary Approval

to vary the effect of the PineRiversPlan to apply the Residential A and Park and Open Space Zones and Reconfiguring a Lot – Development Permit for Subdivision (1 into 182 Lots)

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

Reconfiguring a Lot - Development Permit Consistent / Inconsistent proposal

Policy Neutral

Planning Scheme Details PineRiversPlan (now Superseded) Urban Locality (Precinct UL-7) Future Urban Zone Biodiversity Overlay Acid Sulphate Soils Overlay Major Flood Events Overlay Bushfire Hazard Areas Overlay Operational Airspace and Facilities Overlay

Relevant Codes Urban Locality Code - Future Urban Zone / Residential A Zone provisions Urban Residential Subdivision Design Code Subdivision in All Other Zones Design Code Detached Houses on Small Residential Lots Code Setbacks Code Landscape Design Code Site Earthworks Code Biodiversity Overlay Code Bushfire Hazard Overlay Code Acid Sulphate Soils Overlay Code Major Flood Events Overlay Code

Application ‘properly made’ 29 April 2015

Moreton Bay Regional Council COORDINATION COMMITTEE MEETING PAGE 16/900 31 May 2016 Report ITEM 2.2 DA/30151/2015/V23R - MCU – PRELIMINARY APPROVAL TO VARY THE EFFECT OF THE SUPERSEDED PINERIVERSPLAN TO APPLY THE RESIDENTIAL A AND PARK & OPEN SPACE ZONES AND RECONFIGURING A LOT – DEVELOPMENT PERMIT FOR SUBDIVISION (1 INTO 182 LOTS) 66 WESLEY RD, GRIFFIN - A13102590 (Cont.)


Information Request Issued 17 July 2015; Final response received 28 October 2015 Referral Agencies Concurrence Agencies:

Department of Infrastructure, Local Government, and Planning Advice Agencies: N/A

Public Notification (Notice of Compliance received)

15 December 2015

Submissions Received Properly Made: Nil Not Properly Made: Nil

Decision Stage ends 22 June 2016 Is a Notation to the Planning scheme required?

Yes: Refer to Recommendation

Number of Existing Lots One (1) Further Development Permits that may be required Development Permit for Operational Works - Roads and

Drainage, and Landscaping This application seeks a Material Change of Use – Preliminary Approval to vary the effect of a local planning instrument (Uses in Accordance with the Residential A and Open Space Zones of the Superseded PineRiversPlan) and Reconfiguring a Lot – Development Permit (1 Into 182 Lots) situated at 66 Wesley Road, Griffin, on land described as Lot 1 SP273809, Parish Redcliffe. The site is located within the Urban Locality and Future Urban Zone and has an area of 11.5761 Hectares. The Preliminary Approval proposes one exception to the Residential A Zone provisions contained in the Superseded PineRiversPlan for Duplex Dwellings to be Code assessable where located on a nominated lot on the plan of development or on lots between 600m2 and 1200m2. Overlay codes have been addressed as part of the reconfiguring a lot application. Therefore, the applicant proposes that overlay codes should not apply to future development applications made pursuant to the Preliminary Approval. The site is identified as being located within the Urban Footprint in the South East Queensland Regional Plan. The site forms part of an integrated subdivision development that includes the two large parcels of land adjoining the site to the east. The two parcels have existing development approvals to create 450 urban residential lots that were approved by Council on 30 June 2015 (DA/22097/2009/V23R, DA/24602/2010/V23R, and DA/29612/2014/V23R). The application was publicly advertised with no submissions received. The proposed development is considered to accord with the intent of the Superseded Pine Rivers Planning Scheme, and is recommended to be approved, subject to conditions. The proposal was lodged with Council and deemed to be “Properly Made” on 29 April 2015. Accordingly, this application has been assessed in accordance with the Sustainable Planning Act 2009. COMMITTEE RECOMMENDATION

Moved by Cr Julie Greer Seconded by Cr Adam Hain CARRIED 12/0

That the Officer’s Recommendation be adopted as detailed in the report.



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

Use – Preliminary Approval to vary the effect of the Superseded PineRiversPlan to apply the Residential A and Park and Open Space Zones and Reconfiguring a Lot – Development Permit for Subdivision (1 into 182 Lots) development application at 66 Wesley Road, Griffin and described as Lot 1 on SP273809, Parish Redcliffe, subject to the following conditions:

Plans to be Amended Plan / Document Name Reference Number Prepared By Dated Plan of Development 12116-PRO-60 Revision E LSD Pty Ltd 26/08/15

Small Lot Plan 12116-PRO-62 Revision E LSD Pty Ltd 26/08/15 Proposed Reconfiguration - Stages 1, 2, 3, and 7 12116-PRO-67 Revision E LSD Pty Ltd 26/08/2015

Proposed Reconfiguration - Stages 4, 5, 6, and 8 12116-PRO-68 Revision E LSD Pty Ltd 26/08/15

Path Network Plan GH2016/14/R16 Revision D Greenhaven Projects Pty Ltd 12/11/15

Environmental Noise Impact Report 1510136 Decibell Consulting Pty

Ltd 7 October 2015

MATERIAL CHANGE OF USE – PRELIMINARY APPROVAL

CONDITION TIMING


1. DPU Variation of the Superseded PineRiversPlan

(a) The Superseded PineRiversPlan has been varied by applying the Residential A, and Park and Open Space Zone provisions to the land as generally shown on the approved plans attached to this development approval where: (i) the Residential A Zone provisions apply to land shown as Precinct A; and (ii) the Park and Open Space Zone provisions apply to land shown as Precinct POS (Open Space / Drainage).

(b) Future development carried out under this Preliminary Approval

is to have a level of assessment in accordance with the Zone Assessment Tables applicable to the zone (applying to the land as approved under this Preliminary Approval) in the Superseded PineRiversPlan, with the following exception:

i. Material Change of Use for Duplex Dwellings are:

Code assessable - if 1. on lots identified on the plan of development as Duplex

Dwelling allotments. OR




2. on lots with an area of between 600m2 to 1,200m2. Impact Assessable otherwise

2. DPU Development in Accordance with Codes

The Overlay Codes of the Superseded PineRiversPlan are not applicable to future development of the land for a use carried out under this Preliminary Approval. In the case where a relevant code has not been specified for any aspect of the subsequent development as part of this Preliminary Approval, the relevant provisions of the Superseded PineRiversPlan will apply to the development.


3. DPU Prescribed Period for Approval

The prescribed period for the approval is 10 years after the day the preliminary approval takes effect, in accordance with section 343 of the Sustainable Planning Act 2009.

At all times.

RECONFIGURING A LOT - DEVELOPMENT PERMIT - ALL STAGES

CONDITION TIMING


PLANS AND DOCUMENTS

1. DS20 Approved Plans and documents

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


2. DS30 Amended Plan Required

(a) Submit an amended plan set incorporating the following:

(i) Include a minimum 5 metre wide park reserve adjacent the Bruce Highway boundary;

(ii) Provide a trunk land plan that calculates the area of land in Lot 1020 that is for stormwater conveyance purposes that captures the 1% AEP flows in accordance with Council’s Infrastructure Charges Resolution.

(iii) Clearly depict the existing telecommunications tower on proposed Lot 903 and mark as “to remain”.

(b) Obtain approval from Council for the amended plans in

accordance with (a) above.

(a), (b) and (c) Prior to lodging a request for Compliance Assessment of subdivision plans.



RECONFIGURING A LOT - DEVELOPMENT PERMIT - ALL STAGES

CONDITION TIMING

(c) Implement the requirements and recommendations of the approved plans. The approved amended plans will form part of the approval.

3. DS40 Amended Document Required

(a) Submit an amended Noise Report incorporating the following:

(i) include a minimum 5 metre wide park reserve

adjacent the Bruce Highway boundary; (ii) ensure the location of the noise barrier is clearly

shown on the boundary of the new park reserve area furthest from the Bruce Highway boundary and adjacent the rear boundary of the proposed lots.

(b) Obtain approval from Council for the amended report in

accordance with (a) above. (c) Implement the requirements and recommendations of the

approved report. The approved amended documents will form part of the approval.

(a), (b) and (c) Prior to lodging a request for Compliance Assessment of subdivision plans.

4. DPU Reserve Adjacent Bruce Highway

Transfer, at no cost to Council, the area of land for park reserve adjacent the Bruce Highway to Council in Fee Simple. This condition has been imposed under section 665 of the Sustainable Planning Act 2009.

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

5. DP7 Dedicated Road Access

Provide dedicated constructed road access to the development. Prior to lodging a request for Compliance Assessment of subdivision plans for each stage and to be maintained at all times.



6. DP170 Water and/or Sewerage

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

to the land; and (b) a sewerage network connection is available to the land; and (c) all the requirements of UnityWater have been satisfied.


LANDSCAPING

7. DP45 Entry Statement

Establishment of any “Entry Statement” as a marketing strategy for the development must accord with the following unless otherwise approved by Council:

(i) Located within a privately owned allotment or on the boundary of a privately owned allotment;

(ii) Limited to one (1) entry statement per development; (iii) Constructed of durable, weather resistant materials; (iv) Positively contributes to the character of the surrounding

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


8. DP165 Street Trees

Provide street trees within the development in accordance with Planning Scheme 30 of the Superseded PineRiversPlan.

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

9. DP156 Landscaping – Reconfiguring a Lot

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

(i) A minimum 5 metre wide landscaped buffer in the park

reserve between the acoustic barrier and the boundary adjacent the Bruce Highway. The landscaped buffer is to effectively screen the acoustic barrier when viewed from the Bruce Highway and incorporate fast growing low maintenance species. .




(b) Before commencing the works obtain approval for the plans, details and technical specifications of any planting or landscape work from Council.

(b) Prior to work commencing on site.

SETBACKS/ BUILDING ENVELOPES/SMALL LOT PLAN

10. DP54 Building Envelope Plan / Small Lot Plan

Development must comply with the approved Small Lot Plan, unless otherwise approved in writing by Council. Note: Where there is a conflict between the approved Small Lot Plan and the relevant Planning Scheme, Small Lot Plan prevails.


11. DP52 Advice to Purchasers Regarding Building Envelopes

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

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

EXISTING BUILDINGS

12. DP63 Removal / Demolition of Buildings

(a) Remove / demolish the existing structures located over the site where not being retained on the “Future Development Allotments”.

(b) Maintain the site in a clean and manageable state.


(b) Prior to works

commencing on site.

13. DP64 Existing Buildings

Provide certification from a Licensed Surveyor that the new boundary is not less than 1.5 metres clear of the nearest projection of all buildings on the property.


RECONFIGURING A LOT - GENERAL

14. DP150 Certify Lots are in Accordance with Approved Plan

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


15. DP108 Street Names



(a) Submit requests for the names of new street/s in accordance with Council’s Policy 11-2150-038 Allocation of Road Names and Street Address Numbers or as amended;

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

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

accordance (a) and (b); and

(d) Mark all street names on the survey plans.

(a) & (b) & (c) & (d) Prior to lodging a request for Compliance Assessment of subdivision plans.

16. DP109 Payment of Rates

Pay all outstanding rates and charges applicable to the subject land.


17. DP110 Permanent Survey Marks

Provide Certification from a licensed surveyor that permanent marks are in the correct position in accordance with applicable legislation and the plan of survey.


18. DP140 Provision of Electricity

(a) Provide evidence (e.g. Certificate for Electricity Supply to Subdivide with Agreement Number or Certificate of Supply) demonstrating that a below ground electricity supply network has or will be constructed within all new roads and along the frontage of each proposed lot.

(b) Provide a reticulated underground electricity supply

connection to each proposed lot as follows:

(i) where the electricity network at the road frontage is underground, the connection for the lot is to be underground. OR

(ii) where the electricity network at the road frontage is above ground, the connection for the lot is to be:

(1) either above or underground to an existing

building, if one exists on the lot. (c) Submit certification from a suitably qualified person that:

(i) any electricity supply connection to an existing building or a private property pole is wholly contained in the lot it serves; and

(ii) any electricity connections and infrastructure made redundant by the development is removed with the land reinstated.




TELECOMMUNICATIONS – RECONFIGURING A LOT

19. DP167 New Telecommunications Infrastructure

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

(b) Provide certification from a RPEQ electrical engineer that

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

OR (b) Provide written confirmation from NBN Co that the works

specified in (a) above have been accepted by it. OR (b) Provide a ‘Telecommunications Infrastructure Provisioning

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

OR (b) Submit to Council

(i) Security (calculated as follows: x metres of pit and pipe x$) and relevant documentation for work which is yet to be completed in accordance with Council Policy 11-2150-027 Approval of Plans of Subdivision Prior to Completion of Subdivision Works; and

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

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

OR

(iii) A certificate of practical completion from a RPEQ electrical engineer that the installation of the works

(a) Prior to the development being accepted off maintenance.

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

OR (b)(i) Prior to lodging a

request for Compliance Assessment of subdivision plans.

(b)(ii) Prior to the development being accepted off maintenance.

(b)(iii) Prior to the

development



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

Note: council policies are available on council’s website.

being accepted off maintenance.


20. DE302 Replace Existing Council Infrastructure

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

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

21. DE303 Alterations and Relocation of Existing Services

Any alteration or relocation in connection with or arising from the development to any service, installation, plant, equipment or other item belonging to or under the control of the telecommunications authority, electricity authorities, the Council or other person engaged in the provision of public utility services is to be carried with the development and at no cost to Council.


22. DEU Earth Retaining Structures

(a) Design and construct all earth retaining structures within private land in accordance with: • Council’s planning scheme and relevant planning

scheme policies PSP 28; • Council’s design standards; • Relevant Australian Standards; and • Relevant Building code requirements.

The minimum Design Life (the period assumed in design for which a structure or structural element is required to perform its intended purpose without replacement or major structural repairs) for the earth retaining structure is that specified in Table 3.1 of Australian Standard AS4678-2002. Timber retaining structures and boulder retaining walls are generally not acceptable unless specifically approved in writing by Council’s Development Engineering coordinator. (b) Earth retaining structures within the land and around areas of cut on or near the boundaries of the site must be designed to allow for live and dead loads associated with the land/premise’s current occupancy and use. (c) Provide design drawings that clearly show the location and

overall configuration (fully dimensioned), design parameters and loads, materials and finishes of all earth retaining structures for the development. The retaining wall

(a) Prior to lodging a request for compliance assessment of subdivision plans for each stage.

(b) Prior to lodging a request for compliance assessment of subdivision plans for each stage. (c) Prior to issue of a

development permit for operational works for each stage.



configuration must not compromise the area of private open space as identified on the approved small lot plan.

(d) Provide temporary safety fencing to all earth retaining

structures over 1.0 metre in height. (e) Configure the retaining walls as follows:

• For residential development the maximum cumulative height of retaining walls structures in cut (side and rear boundaries) is 3.0m with the maximum height of any wall limited to 1.5m unless there is a demonstrated and accepted amenity or drainage benefit in approving a higher wall.

• For rear boundaries retaining walls in cut must be provided where the difference in allotment levels exceeds 1.5m (i.e. the maximum height of batter within the rear of an allotment is 1.5m).

• For retaining walls supporting fill the cumulative maximum height is 1.0m.

(d) At all times. (e) Prior to lodging a

request for compliance assessment of subdivision plans for each stage.

23. DE306P Clearing and Disposal of Vegetation

(a) The Developer shall only clear and dispose of vegetation in accordance with Planning Scheme Policy PSP-11 Clearing and Disposal of Vegetation. No security is required.

(b) Vegetation shall not be disposed of by any method of burning

on site.

(a) At all times during construction.

(b) At all times during

construction.

24. DEU Upgrade Existing Intersection

(a) Submit a Traffic Impact Assessment (TIA) for Council approval, which assesses the type and configuration of the Tesch Road and Brays Road intersection. The assessment is to recommend what works are required to the intersection in order to meet Council’s Level of Service applicable to this form of intersection. The design must be based on predicted traffic volumes and turning movements ten (10) years hence from the time of completion of each stages horizon.

(b) Undertake the recommendations of the Council approved TIA. Note: The current design standards and relevant planning scheme codes are: 1. Planning Scheme Policy 28; 2. Urban Residential Subdivision Design Code. Note: Where the upgraded intersection will require further upgrading beyond the ten (10) year horizon of this development obligation the design and construction must be, as far as is practicable, compatible with the ultimate configuration of the intersection. This condition has been imposed under section 665 of the Sustainable Planning Act 2009.

(a) Prior to approval of an application for operational works for each stage.


request for compliance assessment of subdivision plans for each stage.



25. DE403 Council External Roads – Design & Construction

(a) Design and construct at no cost to Council, all external roads (and associated works) giving access to the development from a Major Road (Brays Road) in accordance with Council’s design standards and relevant planning scheme code Probable Solutions current at the time of development.

(b) Design and construct the following external roads in


Road Name Classification Wesley Road and Tesch Road

Bus Collector Road

The minimum road carriageway requirements are:

• Minimum sealed width of 6 metres; • Minimum gravel shoulder width of 1.5 metres; • Full depth pavement to shoulder on the side to be widened in

the future; • All other associated works including drainage, street lighting,

signage, line marking to Council standards; and Note: The design standards and relevant Planning Scheme codes are: 1.Planning Scheme Policy PSP28; and 2.Urban Residential Subdivision Design Code; This condition has been imposed under section 665 of the Sustainable Planning Act 2009.

(a) Prior to lodging a request for compliance assessment of subdivision plans for the first stage of construction.


request for compliance assessment of subdivision plans for the first stage of construction.

26. DE601 Stormwater Draining to Land

(a) Adequately cater for all stormwater draining to the land, or stormwater flow paths which are interfered with by the development or the filling of the subject land to ensure that no nuisance or annoyance is created to any person or premises.

(b) Provide drainage easements, free of cost and compensation

in Council's favour, over any drainage paths and drainage infrastructure within all new residential lots including all inter-allotment drainage works.

(c) The major and minor drainage systems are to be designed to

cater for a fully developed upstream catchment. (d) The roads, drainage pathways, drainage features and

waterways safely convey the stormwater flows for the major storm event without allowing flows to encroach upon residential lots.

All prior to lodging a request for compliance assessment of subdivision plans for each stage.



(e) Overland flow paths and pipe drainage (for any storm event) from roads and public open space do not pass through residential lots. Drainage pathways are provided to accommodate overland flows from roads and public open space areas.

(f) Stormwater drainage infrastructure through or within private

land is protected by easements in favour of Council (at no cost to Council) with easement areas and dimensions conforming to Council’s standards.

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

27. DE602 Stormwater Management & Drainage Infrastructure – Design & Construction

Design and construct at no cost to Council all necessary stormwater management and drainage works (internal and external to the site) in accordance with Council’s design standard current at the time of development. The design must consider “Water Sensitive Urban Design” principles, integrating the stormwater infrastructure into the urban design wherever possible. Note: The design standards and relevant planning scheme codes are: 1. Planning Scheme Policy PSP 28; and 2. Urban Residential Subdivision Design Code. This condition has been imposed under section 665 of the Sustainable Planning Act 2009.


28. DE603 Minimum Development Levels - Land

Develop the finished land surface level of the subject land to satisfy the minimum development level requirements of Council’s planning scheme. All earthworks must comply with Council’s planning scheme requirements, relevant Australian Standards and construction best practice. Notes: 1. The design standards and relevant planning scheme codes

are: • Planning Scheme Policy PSP 28; and • Major Flood Events Overlay Code

2. The current flood levels (storm tide flooding and/or river &

creek flooding) to be used for development can be obtained from the relevant section of the Flood Check Property Report available via Council’s website: www.moretonbay.qld.gov.au )




29. DE605 Stormwater Drainage - Lawful Discharge

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

At all times.

30. DE614 Stormwater Management Plan (Quantity & Quality) – Amended Plan Required

(a) Submit and have approved by Council, an amended Stormwater Management Plan to demonstrate how stormwater from the proposed development can be managed in accordance with the Single State Planning Policy – Water Quality, Council’s planning scheme requirements and Council’s design standards (see note below), the “Healthy Waterways Water Sensitive Urban Design Technical Guidelines for South East Queensland” and other relevant legislative requirements.

In particular the following issues must be addressed in the amended plan: • The stormwater drainage system is to cater for a fully

developed upstream catchment in accordance with PSP28. • A single piped drainage system is to be provided within

Samuel Road. • The stormwater system is to cater for the development

without reliance upon adjoining development unconstructed infrastructure.

• Stormwater quality treatment is to be revised as required to suit the amended stormwater drainage.

Undertake stormwater quality modelling in accordance with the most current version of the MUSIC Modelling Guidelines for South East Queensland and provide electronic copies of the MUSIC files to Council. Notes: 1. The Stormwater Management Report must be prepared by a

suitably qualified and experienced RPEQ. 2. The design standards and relevant planning scheme codes

are: • Planning Scheme Policy PSP28; and • Urban Residential Subdivision Design Code.

(b) Implement the works identified in the approved Stormwater

Management Plan and provide certification from an RPEQ that all works have been designed and constructed in accordance with this permit condition.

This condition has been imposed under section 665 of the Sustainable Planning Act 2009.

(a) Prior to any development application for operational works.


request for compliance assessment of subdivision.

31. DEU Pedestrian Network

Design and fully construct at no cost to Council, all new Pedestrian Paths in accordance with the paths shown on the approved Path

Prior to lodging a request for compliance



Network Plan (except for the path on Samuel Road, which is subject to a separate condition) and Council’s design standards and relevant planning scheme code Probable Solutions current at the time of development. Note: The current design standards and relevant Planning Scheme Codes are: 1. Planning Scheme Policy PSP 28; 2. Urban Residential Subdivision Design Code. This condition has been imposed under section 665 of the Sustainable Planning Act 2009.

assessment of subdivision plans for each stage.

CONCURRENCE AGENCY

32. DP138 Concurrence Agency Conditions

(a) Comply with the conditions of Department of Infrastructure, Local Government, and Planning response dated 23 December 2015 (reference: SDA-0515-020601) or as amended.

(b) Provide certification to Council prepared by a suitably

qualified person or the agency demonstrating the requirements of the Department have been met.

(a) At all times. (b) At all times.

RECONFIGURING A LOT – STAGE 2

CONDITION TIMING

33. DE400 New Council Roads – Design & Construction

(a) Design and fully construct at no cost to Council, all new roads (and associated works) in accordance with Council’s design standards and relevant planning scheme code Probable Solutions current at the time of development.

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

following classification as identified in the relevant planning scheme codes:

Road Name Classification Road 15 Access Street Road 16 Access Street Road 18 Access Street

Note: The design standards and relevant Planning Scheme Codes are: 1. Planning Scheme Policy PSP28; and 2. Urban Residential Subdivision Design Code;







CONDITION TIMING

This condition has been imposed under section 665 of the Sustainable Planning Act 2009.


(a) Design and construct at no cost to Council, all frontage roads (and associated works) in accordance with Council’s design standards and relevant planning scheme code Probable Solutions current at the time of development.

(b) Design and construct the following frontage roads (including

Lot 903) in accordance with the following classification as identified in the relevant planning scheme codes:

Road Name Classification Samuel Road Collector Road Wesley Road Access Street

Note: Samuel and Wesley Roads is to be constructed along the frontage of Lot 903 with this stage. Note: The current design standards and relevant Planning Scheme codes are: 1. Planning Scheme Policy PSP 28; and 2. Urban Residential Subdivision Design Code. This condition has been imposed under section 665 of the Sustainable Planning Act 2009.






35. DE411 Temporary Turnaround

Design and fully construct at no cost to Council, a sealed temporary turnaround at the end of Wesley Road construction. The turnaround is to be of a configuration that enables Council’s standard waste collection vehicle to undertake a three point turn or better. Note: Additional road reserve width may be required in order to provide the turnaround within road reserve. This condition has been imposed under section 665 of the Sustainable Planning Act 2009.


36. DEU Pedestrian Network on Samuel Road

Design and fully construct at no cost to Council, the Pedestrian Path in Samuel Road in accordance with the approved Path Network Plan and Council’s design standards and relevant planning scheme code Probable Solutions current at the time of development. Note: The current design standards and relevant Planning Scheme Codes are: 1. Planning Scheme Policy PSP 28; 2. Urban Residential Subdivision Design Code. This condition has been imposed under section 646 of the Sustainable Planning Act 2009. Notes: 1. Only works that will ultimately remain as part of the planned

trunk works will attract a trunk infrastructure charges offset. 2. Where an offset amount or refund has not been stated in the

relevant infrastructure charges notice issued with this approval the amount of any offset or refund will, unless agreed otherwise, be calculated based on the default methodology prescribed in section 4.1.4 of Statutory Guideline 03/14 and included in a subsequently amended infrastructure charges notice.


RECONFIGURING A LOT - STAGE 3

CONDITION TIMING







CONDITION TIMING

(b) Design and construct new roads in accordance with the following classification as identified in the relevant planning scheme codes:

Road Name Classification Road 16 Access Street Road 17 Access Street

Note: The design standards and relevant Planning Scheme Codes are: 1. Planning Scheme Policy PSP28; and 2. Urban Residential Subdivision Design Code; This condition has been imposed under section 665 of the Sustainable Planning Act 2009.

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





Road Name Classification Samuel Road Collector Road

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





Design and fully construct at no cost to Council, the Pedestrian Path in Samuel Road in accordance with the approved Path Network Plan and Council’s design standards and relevant planning scheme code Probable Solutions current at the time of development. Note: The current design standards and relevant Planning

Scheme Codes are:





CONDITION TIMING

1. Planning Scheme Policy PSP 28; 2. Urban Residential Subdivision Design Code. This condition has been imposed under section 646 of the

Sustainable Planning Act 2009. Notes: 1. Only works that will ultimately remain as part of the planned




CONDITION TIMING





Road Name Classification Road 19 Access Street









CONDITION TIMING










Design and fully construct at no cost to Council, the Pedestrian Path in Samuel Road in accordance with the approved Path Network Plan and Council’s design standards and relevant planning scheme code Probable Solutions current at the time of development. Note: The design standards and relevant Planning Scheme

Codes are: 1. Planning Scheme Policy PSP 28; 2. Urban Residential Subdivision Design Code. This condition has been imposed under section 646 of the

Sustainable Planning Act 2009. Notes: 1. Only works that will ultimately remain as part of the planned







CONDITION TIMING

43. DEU Construct Residential Driveway, Lots 752 - 755

Construct a minimum 3.0 metre wide two-way common driveway incorporating 2 parking bays to service Lots 752 – 755 in accordance with Council’s standards. Construction of the driveway is to be in accordance with rigid pavement design principles and designed to provide adequate vehicle maneuvering to access the lots. Note: The design standards and relevant Planning Scheme

codes are: 1. Planning Scheme Policy PSP28; 2. Urban Residential Subdivision Works Design Code; This condition has been imposed under section 665 of the

Sustainable Planning Act 2009.


44. DEU Refuse Collection

Provide concrete bin pads with a minimum dimension of 1 m2 per bin along the Road 19 frontage of Lot 751 to service Lots 752 - 754. The final location is to be clear of parking bays and driveways accessible to a left side loading 12.5 metre long HRV. Note: A property condition will be attached to the affected lots to

advise land owners of this Condition. This condition has been imposed under section 665 of the Sustainable Planning Act 2009



CONDITION TIMING












CONDITION TIMING

Road 19 Access Street Note: The design standards and relevant Planning Scheme Codes are: 1. Planning Scheme Policy PSP28; and 2. Urban Residential Subdivision Design Code; This condition has been imposed under section 665 of the Sustainable Planning Act 2009.











Design and fully construct at no cost to Council, the Pedestrian Path in Samuel Road in accordance with the approved Path Network Plan and Council’s design standards and relevant planning scheme code Probable Solutions current at the time of development. Note: The current design standards and relevant Planning

Scheme Codes are: 1. Planning Scheme Policy PSP 28; 2. Urban Residential Subdivision Design Code. This condition has been imposed under section 646 of the






CONDITION TIMING

Notes: 1. Only works that will ultimately remain as part of the planned trunk

works will attract a trunk infrastructure charges offset. 2. Where an offset amount or refund has not been stated in the


48. DEU Construct Residential Driveway, Lots 745 & 746

Construct a minimum 3.0 metre wide two-way common driveway incorporating 1 parking bays to service Lots 745 & 746 in accordance with Council’s standards. Construction of the driveway is to be in accordance with rigid pavement design principles and designed to provide adequate vehicle maneuvering to access the lots. Note: The design standards and relevant Planning Scheme

codes are: 1. Planning Scheme Policy PSP28; 2. Urban Residential Subdivision Works Design Code; This condition has been imposed under section 665 of the




Provide concrete bin pads with a minimum dimension of 1 m2 per bin along the Road 19 frontage of Lot 747 to service Lots 745 & 746. The final location is to be clear of parking bays and driveways accessible to a left side loading 12.5 metre long HRV. Note: A property condition will be attached to the affected lots to

advise land owners of this Condition. This condition has been imposed under section 665 of the

Sustainable Planning Act 2009



CONDITION TIMING





CONDITION TIMING









51. DEU Construct Residential Driveway, Lots 690 - 692

Construct a minimum 3.0 metre wide two-way common driveway in accordance with Council’s standards. Construction of the driveway is to be in accordance with rigid pavement design principles and designed to provide adequate vehicle maneuvering to access the lots. Note: The design standards and relevant Planning Scheme codes are: 1. Planning Scheme Policy PSP28; 2. Urban Residential Subdivision Works Design Code; This condition has been imposed under section 665 of the Sustainable Planning Act 2009.



Provide concrete bin pads with a minimum dimension of 1 m2 per bin along the Road 18 frontage of Lot 689 to service Lots 690 - 692. The final location is to be clear of parking bays and driveways accessible to a left side loading 12.5 metre long HRV. Note: A property condition will be attached to the affected lots to advise land owners of this Condition. This condition has been imposed under section 665 of the Sustainable Planning Act 2009





CONDITION TIMING

53. DP155 Trunk Infrastructure – Land

Transfer land shown as Lot 1020 (Open Space / Drainage) as shown on the approved plans to Council in Fee Simple for the purposes of Trunk Stormwater conveyance (Creek Corridor). For the purposes of calculating infrastructure charges, the trunk land area is to be calculated in accordance with the Approved Plan of Trunk Land. This condition has been imposed under section 646 of the Sustainable Planning Act 2009.



CONDITION TIMING





Road Name Classification Road 17 Access Street Road 18 Access Street







55. DE506 Rear Allotment Access Driveway - Lot 660

(a) Design and construct residential rear allotment access driveways from the back of kerb for the full length of the access handle to the following minimum requirements: • Design loading of 2.3x103 ESA for each lot entitled to use

the driveway; • The minimum sealed width shall be 3.0 metres; • Construction shall be reinforced concrete slabs or

interlocking concrete pavers, unless approved otherwise; • Appropriate longitudinal drainage, cross drainage and

scour/erosion protection works must be provided in accordance with Council’s Drainage Standards;

• Install conduits for underground electricity supply and telecommunications including draw wires within and for the entire length of the access handle.

• Design and construct a driveway crossover from the constructed road to the site in accordance with Council Standard Driveway Crossover Drawing No. 8-10043.

(b) Provide certification from an RPEQ that the driveway has been designed and constructed in accordance with this permit condition.





CONDITION TIMING












ADVICE

1. DPA1 Aboriginal Cultural Heritage Act 2003

The Aboriginal Cultural Heritage Act 2003 commenced in Queensland on April 16, 2004. Under the Act, indigenous parties are key in assessing cultural heritage significance. The Aboriginal Cultural Heritage Act 2003 establishes a Duty of Care for indigenous cultural heritage. This applies on all land and water, including freehold land. The Cultural Heritage Duty of Care lies with the person or entity conducting the activity. Penalty provisions apply for failing to fulfil the Cultural Heritage Duty of Care. Those proposing an activity that involves additional surface disturbance beyond that which has already occurred on the proposed site need to be mindful of the Duty of Care requirement. Details of how to fulfill the Duty of Care are outlined in the Duty of Care Guidelines gazetted with the Act. Council strongly advises that you contact the relevant state agency to obtain a copy of the Duty of Care Guidelines and further information on the responsibilities of developer under the terms of the Aboriginal Cultural Heritage Act 2003.

2. DPA30 Adopted Charges

Payment of an Adopted Charge in accordance with Council’s Infrastructure Charges Resolution (No. 4) dated 1 February 2016 or as amended apply to this development approval. From 1 July 2014, Moreton Bay Regional Council no longer issues an Infrastructure Charges Notice on behalf of Unitywater for water supply and sewerage networks and therefore a separate Infrastructure Charges Notice may be issued directly to the applicant by Unitywater in respect to this development approval. Payment of Infrastructure Charges is to be in accordance with the Infrastructure Charges Notice issued with this development approval and any Infrastructure Charges Notice issued by Unitywater. From 1 July 2014, all Infrastructure Charges for infrastructure networks controlled by Unitywater (eg. water and/or sewerage) regardless of when the Infrastructure Charges Notice was issued are to be paid directly to Unitywater while Infrastructure Charges for networks controlled by Moreton Bay Regional Council will continue to be paid directly to Moreton Bay Regional Council.

3. DPA36 Telecommunications Infrastructure

Telecommunications Infrastructure to and within the development is to be in accordance with the Telecommunications Act 1997 and any other relevant legislation.



PROPERTY NOTES

4. DS01 Siting Requirements

The following property note will be attached to Council’s database for all Lots: “A plan has been approved by Council for this lot identifying how and/or where development on this lot is to occur. Any development on this lot must be in accordance with the approved plan and associated conditions. Further details can be found in the development permit creating the lot or the development approval for the use, and the associated Council report (Delegated or Council Meeting) or approval letter. This information is available through the PD Online facility on Council’s website www.moretonbay.qld.gov.au.”

5. DS08 Acoustic Advice

The following property note will be attached to Council’s database for Lots 667-703, 725-746 and 902; “It is required that any residential development on this lot be designed and constructed in accordance with the relevant acoustic design and construction standards as identified in the approved acoustic report.” Further details can be found in the development permit creating the lot or the development approval for the use, and the associated Council report (Delegated or Council Meeting) or approval letter. This information is available through the PD Online facility on Council’s website www.moretonbay.qld.gov.au.”

6. DS07 Additional Development Requirements

The following property note will be attached to Council’s database for Lots 689 - 692, 745 - 747 & 751 - 755: “Additional development requirements apply to this lot. Any development on this lot must be in accordance with the approved plan and associated conditions. Further details can be found in the development permit creating the lot or the development approval for the use, and the associated Council report (Delegated or Council Meeting) or approval letter. This information is available through the PD Online facility on Council’s website www.moretonbay.qld.gov.au.”

B. That all external Referral Agencies for the application be provided with a copy of Council’s Decision

Notice. C. That Council undertakes a notation to the Superseded PineRiversPlan that reflects this Preliminary

Approval varying the effect of the Planning Scheme to enable development in accordance with the Residential A Zone provisions and the Park and Open Space Zone provisions of the Superseded PineRiversPlan at 66 Wesley Road, Griffin, described as Lot 1 on SP273809, Parish Redcliffe.





REPORT DETAIL 1. Background On 23 April 2015, a Prelodgement meeting with respect of the proposed development was held (PRE/2699). On 18 August 2015, an Operational Works - Development Permit for Bulk Earthworks was approved by Council’s Delegate. The earthworks that formed part of the approval have since been undertaken. A small tributary / overland flow corridor that traversed the site in a south west to north east direction was filled as part of the works. The approval included referral agency assessment by the state government for works in a waterway, including waterway barrier works, in order to fill the corridor. 2. Explanation of Item 2.1 Proposal Details This application seeks a Material Change of Use – Preliminary Approval to vary the Effect of a Local Planning Instrument (Uses in Accordance with the Residential A and Open Space Zones of the Superseded PineRiversPlan), and Reconfiguring a Lot – Development Permit (1 into 182 Lots) situated at 66 Wesley Road, Griffin, on land described as Lot 1 SP273809, Parish Redcliffe. The site is located within the Urban Locality (Precinct UL-7) and Future Urban Zone and has an area of 11.5761 Hectares. The Preliminary Approval proposes one exception to the Residential A Zone provisions contained in the Superseded PineRiversPlan for Duplex Dwellings to be Code assessable where located on a nominated lot on the plan of development or located on a lot between 600m2 and 1200m2. The proposed development seeks to subdivide the site to create 182 lots and 201 dwelling units for urban residential purposes pursuant to the outcomes sought for the Griffin Local Area. A density of 20.7 dwelling units per hectare has been proposed over the site (201 dwelling units over the 11.5761 hectare site, of which 9.7212 hectares is developable land as part of this application). The following lot types are proposed: • Standard Residential Lots/Detached House Lots • Duplex Dwelling Lots (future Material Change of Use code assessable development application

required where on a nominated lot) • Small Residential Lots Proposed Lot sizes vary across the development as follows: • 300m2 to 399m2 – 85 Lots • 400m2 to 499m2 – 66 Lots • Greater than 500m2 – 8 Lots • Nominated Duplex Dwelling Lots – 21 Lots (42 Dwelling Units) • Owners retention lot – 2 Lots (of which, Lot 902 (1.417ha) is a large management lot for future

development and Lot 903 (600m2) contains an existing telecommunications tower to be retained. Lot 903 will be suitable for a future dwelling if the telecommunications tower is removed in the future).

Lots gain access from newly constructed internal roads branching from Samuel Road (currently unconstructed) to provide most lots with access from a lower-order residential street. The eight (8) lots directly fronting Wesley Road will gain access via Wesley Road.



The site adjoins the Freshwater Creek corridor along the north eastern boundary of the site. A small portion of the site in the vicinity of the boundary is affected by the drainage corridor of Freshwater Creek. The proposed development retains the affected area for stormwater drainage purposes in a future open space lot to be transferred to Council as reserve (proposed Lot 1020). The site is generally sloping south to north, with the lowest point at the Freshwater Creek corridor. Bulk site earthworks will be required to ensure all proposed small lots will not be subjected to a slope greater than 10%. A Small Lot Plan has been prepared to establish alternative building setbacks and site coverage provisions for all proposed small lots (<500m2 and frontage <15m). The Small Lot Plan has been created to reflect Council’s Detached Houses on Small Residential Lots Code and includes all notes Council typically applies to small residential lots. Overlay codes have been addressed as part of this application. Therefore, the applicant proposes that overlay codes do not apply to future development applications made pursuant to the Preliminary Approval. 2.2 Site and Locality

2.2.1 Existing Use The site is currently improved by a single detached dwelling and associated structures. A telecommunications tower is located on site in the south eastern corner. The tower is intended to remain over one of the future development allotments (proposed Lot 903) post subdivision of the land. 2.2.2 Topography The site slopes gently at approximately 3 - 7% in a south to north direction towards Freshwater Creek which traverses the northern boundaries of the site. The Freshwater Creek corridor contains significant vegetation mapped as Remnant Vegetation (Not of Concern) under the Vegetation Management Act. The remainder of the site is devoid of significant vegetation.

Electricity infrastructure is located within Samuel Road fronting the eastern boundary of the site. A 4 metre high constructed noise barrier exists along part of the western boundary of the site adjoining the Bruce Highway, in proximity of the existing dwelling in the south west corner.

2.2.3 Surrounding Land Use The surrounding area of Griffin is currently characterised as being Future Urban zoned land with large areas of the suburb identified for development as urban residential neighbourhoods under the Griffin Local Area Plan. Land to the south-east and east of the site has already experienced rapid urbanisation, developing as the ‘Freshwater Estate’. Freshwater Creek forms the northern-eastern boundary of the site. Land to the north (opposite Freshwater Creek) has been developed as urban residential neighbourhoods under the Mango Hill Local Area Plan. The Griffin State School is located opposite Wesley Road to the south east. The Moreton Bay Rail Link adjoins the northern boundary of the site. The rail track is elevated above the height of the subject site in this location as the rail corridor traverses the Bruce Highway.

Direction Planning Scheme Zone Current Land Use North Special Purposes Moreton Bay Rail Link and Freshwater Creek South Future Urban Vacant and School



Direction Planning Scheme Zone Current Land Use East Future Urban Current development approvals to create urban

residential neighbourhoods of 329 lots have been granted by Council (Refer DA/24602/2010/V3RL and DA/29612/2014/V23R) over Lots 4 and 6 RP225239, and another 122 lots over land further east being Lot 2 RP108732 (Refer DA/22097/2009/V23R).

West Residential A (opposite Bruce Highway)

Single detached dwellings on traditional lots.

2.3 State Planning Instrument Assessment

2.3.1 State Planning Regulatory Provisions (SPRPs) An assessment against each of the State Planning Regulatory Provisions is set out as follows:

Name Designation Applicable Requirements State Planning Regulatory Provision (Adopted Charges)

None Not applicable to Development Assessment however the SPRP has informed the Council’s Infrastructure Charges Resolution that is discussed in section 2.5 of this report.

State Planning Regulatory Provisions (Adult Stores)

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

South East Queensland Koala Conservation State Planning Regulatory Provisions

Priority Koala Assessable Development Area

The site is located in a Priority Koala Assessable Development Area and an assessment as to how the development satisfies the provisions in the State Planning Regulatory Provisions has been completed and is set out in section 2.6.4 of this report demonstrating that it is consistent.

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

Urban Footprint

The development proposal is for an urban activity in the urban footprint and there are no requirements in the State Planning Regulatory Provisions applicable to the development proposal.

2.3.1 State Planning Policy On 2 December 2013, the single State Planning Policy (SPP) came into effect and includes interim development assessment requirements to be applied by Council until the SPP has been appropriately integrated into Council’s planning scheme applying to the subject land. For some state interests, the SPP includes a statutory code the development is required to be assessed against. Assessment against the SPP is set out as follows;




State interest - Liveable Communities

☐ No None

State interest - Mining and Extractive Resources

☐ No None

State interest - Biodiversity

☐ Yes MSES - Regulated Vegetation (intersecting a watercourse);

Development: (1) identifies any potential significant

adverse environmental impacts on matters of state environmental significance, and

(2) manages the significant adverse environmental impacts on matters of state environment significance by, in order of priority: (a) avoiding significant adverse

environmental impacts, and (b) mitigating significant adverse

environmental impacts where these cannot be avoided, and

(c) where applicable, offsetting any residual adverse impacts.

On 18 August 2015, an operational works approval for bulk earthworks (DA/30151/2015/V4E/1) was granted by Council. This application was referred to the state government as concurrence agency for matters relating to the waterway barrier works of the watercourse. This included filling of the watercourse. The state government approved the works with conditions. Therefore, the matters of state significance were addressed as part of the operational works application. The earthworks have since been undertaken in accordance with the above mentioned approval, and therefore, significant environmental features on the site are non-existent and therefore, do not apply to the current application

State interest – Coastal Environment

☐ No None

State interest – Water Quality

☐ Yes Receiving Waters trigger Development: (1) avoids or otherwise minimises adverse

impacts on the environmental values of receiving waters, arising from: (a) altered stormwater quality or flow,

and

Receiving Waters A Stormwater Management Report prepared by H & T Watson Consulting Pty Ltd was submitted in support of the application. The recommendations of this report




(b) wastewater (other than contaminated stormwater and sewage), and

(c) the creation or expansion of non-tidal artificial waterways, and

(2) complies with the SPP code: Water quality (Appendix 2).

Acid Sulfate Soils Trigger Development: (1) avoids the disturbance of acid sulfate

soils by: (a) not excavating or otherwise

removing soil or sediment that contains acid sulfate soil (ASS), and

(b) not permanently or temporarily extracting groundwater that results in aeration of previously saturated ASS, and

(c) not undertaking filling that results in moving ASS below the water table, or

(2) ensures that the disturbance of ASS avoids or minimises the mobilisation release of acid and metal contaminants by: (a) neutralising existing acidity and

preventing the generation of acid and metal contaminants, and

(b) preventing the release of surface or groundwater flows containing acid and metal contaminants into the environment.

include a condition for the submission of an amended Stormwater Management Plan to demonstrate satisfactory stormwater management in accordance with the State Planning Policy (Water Quality), Council’s planning scheme requirements and Council’s design standards, and the “Healthy Waterways Water Sensitive Urban Design Technical Guidelines for South East Queensland. Acid Sulfate Soils The operational works bulk earthworks application assessed the impact from the development on acid sulphate soils and was subsequently approved. Earthworks have been undertaken on site in accordance with the operational works approval.

State interest – Emissions and Hazardous Activities

☐ No None

State interest – Natural Hazards

☐ Yes Bushfire (Potential Impact Buffer) and Flood Hazard Areas

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

the risks of the natural hazard, and (2) supports, and does not unduly burden,

disaster management response or recovery capacity and capabilities, and

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

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

Flood The SPP flood hazard mapping defers to the local government flood mapping which identifies Q100 flood levels along Freshwater Creek, which covers a small portion of the site along the north east boundary. The accompanying Stormwater Management Report prepared by H & T Watson Consulting Pty Ltd demonstrates the required




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

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

amount of flood immunity to ensure that the proposed development does not compromise the Natural Hazard objectives of the SPP. The Q100 is wholly contained within the proposed open space lot. Bushfire The northern portion of the site is located within a Bushfire potential impact buffer area. The proposed development will be connected to all reticulated services, including water. The development adequately mitigates the risk from Bushfire. Therefore, the requirements of the SPP have been met.

State interest – State Transport Infrastructure

☐ No None

State interest – Strategic Airports and Aviation Facilities

☐ Yes Development: (1) complies with the SPP code: Strategic

airports and aviation facilities (Appendix 4).

The site is located in an Obstacle Limitation Surface area of an aviation facility. However, the proposed development will not result in work encroaching into the operational airspace of an aviation facility, and therefore the requirements of the state planning policy are satisfied.

2.4 Local Planning Instrument Assessment – Superseded Pine Rivers Planning Scheme

The Future Urban Zone of the Superseded PineRiversPlan envisages that upon provision and availability of infrastructure required to service urban development the predominant form of development is low density residential uses. A range of residential, commercial, retail, service industry, recreation and community uses of an appropriate scale and intensity are also envisaged in suitable locations.



The proposed development will be fully serviced by all urban infrastructure and the recommendations of this report include conditions to ensure construction of the infrastructure is provided.

The site is consistent with the future intent envisaged for the area under the Griffin Local Area Plan (GLAP) and achieves a residential density of 20.7 dwellings per hectare which is consistent with the densities identified in the GLAP for this location (12-25 dwellings per hectare). The material change of use seeks to override the Future Urban zone and apply the Residential A zone provisions for future development over the site, which will predominantly be in the form of single detached dwellings on small residential allotments and duplex dwellings on nominated lots. The proposed development meets the outcomes sought for an urban residential subdivision in the GLAP and is recommended for approval, subject to conditions.

2.4.1 Desired Environmental Outcomes As the proposed development achieves, or can be conditioned to achieve the outcomes sought by the relevant codes of the Superseded PineRiversPlan, the Desired Environmental Outcomes are not compromised by the development. 2.4.2 Overall Outcomes As the proposed development achieves, or can be conditioned to achieve the outcomes sought by the relevant specific outcomes of the Superseded PineRiversPlan, the Overall Outcomes are taken to be satisfied.

2.4.3 Assessment of Applicable Codes

Applicable Codes Code Compliance Alternative Solutions Proposed

Zone/ Locality Code Urban Locality Code Yes SO44, SO45, SO46

Future Urban Zone Yes Development Codes

Urban Residential Subdivis ion Design Code Yes

Subdivision in All Other Zones Design Code Yes PS2

Detached Houses on Small Residential Lots Code

Yes

Overlay Codes Biodiversity Overlay Code Yes PS1

Bushfire Hazard Overlay Code Yes Acid Sulphate Soils Overlay Code Yes

Major Flood Events Overlay Code Yes

Miscellaneous Codes Setbacks Code Yes

Landscape Design Code Yes

Site Earthworks Code Yes



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


Urban Locality Code

SO 44 The Bruce Highway corridor is retained and enhanced as a scenic corridor through the Shire. SO 45 Residential development in the vicinity of the Bruce Highway or the North South Arterial (see Outcome Map 3.2.2) provides a dense vegetated buffer area, separation distances and effective noise buffering measures that visually screen the highway and allows for acceptable air quality and noise standards to be maintained. SO 46 Natural elements combined with landscaping, earth mounds, setbacks, trees and shrubs are used to provide noise attenuation and retain an attractive green corridor.

PS 44 No solution provided. PS 45 A densely planted landscaped buffer of at least 20m measured from the ultimate road reserve is provided. PS 46 Where noise attenuation is required pursuant to Planning Scheme Policy PSP6 Traffic Noise Attenuation, landscaping, earth mounds, setbacks combined with tree and shrub planting is used rather than fencing. Where fencing is used, it is not greater than 2m in height within 20m of the highway and combined with earth mounds and natural features if a greater height is required.

Alternative Solution/s Assessment

The proposal includes lots adjoining the boundary of the Bruce Highway. The applicant’s response to the information request included a noise report addressing the road noise and rail impacts. As part of that report, a 6 metre high noise barrier was recommended along the Bruce Highway up to the existing 4 metre high acoustic barrier in proximity of the existing dwelling and a return along the northern boundary along the rail corridor, to mitigate the noise impacts from the highway on the future residential lots. The location of the barrier in the noise report is shown generally in the vicinity of the boundary of the Bruce Highway. As the Bruce Highway is a state controlled road, the application was referred to the Department of Infrastructure, Local Government, and Planning for assessment of the impacts on the state road network. This included assessment of the proposed noise mitigation measures. The Department approved the noise report and included a condition to ensure the noise barrier was constructed generally in accordance with the approved noise report and at the location shown in the approved report. If the barrier is constructed on the existing boundary of the Bruce Highway, the above mentioned outcomes will not be achieved as there is no opportunity to vegetate the road reserve between the barrier and the constructed Bruce Highway carriageway due to the location of fibre optic cables already located in the road




reserve and the Department of Transport and Main Roads Policy regarding separation of landscaping to infrastructure. Therefore, in order to ensure the visual amenity impacts of the acoustic barrier, when viewed from the Bruce Highway, the recommendations of this report include a conditions requiring a minimum 5 metre wide park reserve with an appropriate landscape treatment to be provided between the barrier and the road reserve. The condition raises several questions about the practicality of providing the vegetation in this location, including:

• Who is responsible for the maintenance of the future acoustic barrier if it is constructed in the park reserve rather than the Bruce Highway?

• Where should the barrier be constructed? • How can the applicant undertake the planting works in the road reserve? and • Do the concurrence agency conditions require amending if the barrier location is

setback from the Bruce Highway boundary? In response,

• The Department of Transport and Main Roads will be responsible for the maintenance of the barrier as it is a 6 metre high barrier;

• The barrier must be constructed on the outside of the boundary of the residential lots. After the park reserve is provided/dedicated, the fence will be located within the park reserve area. In this regard, future maintenance of the fence will be the responsibility of the DTMR;

• Approval from the DTMR is required to undertake the planting works in the park reserve. the planting must be in accordance with the DTMR’s Policy for separation distances to the barrier;

• It is considered the concurrence agency condition regarding the construction of the barrier will not require changes due to the amended location of the barrier the location is generally in the location shown in the approved noise report.

The 5 metre park reserve to maintain a 3 metre wide vegetated buffer is sufficient width to enable dense vegetation that can screen the acoustic barrier effectively from view of the Bruce Highway. The recommendations of this report include conditions requiring a minimum 5 metre wide park reserve with an appropriate landscape treatment to be provided between the barrier and the road reserve. Therefore, the recommended condition will ensure the barrier is constructed and maintained in accordance with the requirements of DTMR and will also achieve the visual amenity outcomes sought by the Superseded Pine Rivers planning scheme as it relates to the Bruce Highway scenic corridor. In this regard, despite the buffer width suggested by the Probable Solution, the development achieves or can be conditioned to achieve the corresponding specific outcome.



Subdivision in All Other Zones Design Code

SO 2 All lots have adequate road frontage for easy and safe access.

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

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

Biodiversity Code SO 1 Development siting, scale, layout and design retains and protects biodiversity values of the site and surrounding properties and minimises adverse environmental impacts such as (but not limited to) soil erosion, land degradation and degradation of water quality.

PS 1 Any construction does not encroach into resources of ecological significance such as:- (1) areas of remnant vegetation, koala habitat or protected vegetation; (2) within biodiversity corridors; (3) within 20m of the centre line of any gully or drainage depression within a mapped area; and (4) within 50m of any wetland area within a mapped area.

Alternative Solution/s Assessment The site is mapped as containing a biodiversity corridor and construction encroaches into this area. However, the mapping does not accurately reflect the on site conditions. The corridor is taken from the boundary of the site and does not consider the land opposite Freshwater Creek on the northern side where an additional corridor has been preserved. In this regard, a corridor of approximately 120 metres is maintained across the width of Freshwater Creek, which achieves the minimum corridor width required by probable solution PS18.4 for biodiversity corridors (100 metres). Only 4 trees are proposed to be removed as a result of the development in the vicinity of the creek corridor to enable the construction of a bio-retention basin for stormwater treatment. The remainder of the area mapped by the overlay code is devoid of vegetation and earthworks have been undertaken as part of the bulk earthworks operational works approval (i.e the clearing of the vegetation was assessed as part of the operational works approval). Therefore, the proposed development protects the biodiversity values the environmental values associated with the Freshwater Creek corridor.

2.4.4 Griffin Local Area Plan The Griffin Local Area Plan (GLAP) is not included in the Superseded PineRiversPlan. However it is a policy document adopted by Council to provide detailed planning policy for the future development



of land within Griffin, identifying possible land uses and infrastructure required to create a functional community. The subject site is located within the GLAP, and is identified for residential development .

Residential Density The average minimum residential density intended for the site is a minimum of 12-25 dwellings per hectare as net residential density, including the land utilised for roads and local parks (Refer Figure 2 – Land Use Plan in GLAP and the development model for Griffin). In accordance with the Griffin Development Model, the residential density is to be a minimum of 12 dwellings per hectare where it is greater than 5% and a minimum of 25 dwellings per hectare where slope is 5% or lower. The density achieved is 20.7 dwellings per hectare. Therefore, the proposed development achieves the minimum density requirements set out in the GLAP.

Road Connections The GLAP shows a boulevard road on the boundary of the site adjoining the Freshwater Creek corridor. The GLAP does not show any connections north of the site over the creek. The proposal is consistent with this requirement.

Environmental Features The GLAP identifies areas to be retained and protected over the site along the Freshwater Creek Corridor. The proposed development minimises the impact on the existing features of the site and conditions are recommended to ensure the features are protected during the construction phases of the development.

2.5 Other Relevant Assessment

2.5.1 Infrastructure Charges In accordance with Council’s Infrastructure Charges Resolution ICR No.4 (1 February 2016), Infrastructure Charges are applicable to this development application.

The site is located within the Priority Infrastructure Area. The proposed development is anticipated development. The future development of the site exceeds the demand assumptions for the site’s current planning designation (Urban Locality – Future Urban). However, the intent for the future development of the site for Residential purposes at a density commensurate with to the Griffin Local Area Plan has been assessed and will not exceed the demand assumptions for the Urban Locality.

Offsets to the infrastructure charges will apply to the development as outlined in sections 2.5.2 and 2.5.3 regarding Trunk Infrastructure Land and Works requirements below.

2.5.2 Trunk Infrastructure Land Dedication Council’s trunk infrastructure planning identifies the following items over the site: • Creek Corridor for drainage purposes along Freshwater Creek The requirements for each item are discussed below:

Creek Corridor An area of land is proposed to be transferred to Council for drainage purposes. This land encompasses the Q100 and includes the future bioretention basin to treat stormwater runoff. This land is to be recognised for the purposes of trunk land and offset against the infrastructure charges at the constrained land rate. The area of land that is trunk land has not been identified on the proposal plans by the Applicant. In accordance with section 4.5.1 of the Priority Infrastructure Plan, that area between the north-eastern boundary of the site and the Q100 is the area of land that



is trunk land. The land above Q100 contained within Lot 1020 is not trunk land as it contains a proposed bio-retention basin to service the development which is not trunk infrastructure. In accordance with Appendix 1 of the Infrastructure Charges Resolution Implementation Policy February 2016 (Table S1.1), the constrained land value for Griffin is $5.00. The recommendations of this report include a condition requiring a Trunk Land Plan to be provided that clearly identifies the area of land to be offset, and a condition requiring the transfer of the trunk land to Council.

2.5.3 Planning Scheme Policies

Applicable Policy Requirement Comment Planning Scheme Policy 15 – Demonstrating Compliance with the Bushfire Hazard Areas Overlay Code

Yes The applicant has addressed the requirements of the Bushfire Hazard Area Overlay Code and planning scheme policy satisfactorily.

Planning Scheme Policy 17 – Demonstrating Compliance with the Major Flood Events Overlay Code

Yes The applicant has addressed the requirements of the Major Flood Events Overlay Code and planning scheme policy satisfactorily.

Planning Scheme Policy 31 – Demonstrating Compliance with the Biodiversity and Waterways Overlay Code

Yes The applicant has addressed the requirements of the Biodiversity and Waterways Overlay Code and planning scheme policy satisfactorily.

PSP 5 – Preparing and submitting a Competent Application for Reconfiguring a Lot

Yes The applicant has submitted subdivision proposal plans in accordance with the planning scheme policy.

PSP 28 – Civil Infrastructure Design

Yes Civil Infrastructure design to comply with PSP28 and conditions are recommended accordingly.

2.6 Referrals

2.6.1 Concurrence Agencies ▫ Department of Infrastructure, Local Government, and Planning The application was referred to the Department for matters relating to the state transport network. Council was advised on 23 December 2015 that the Department has no objection to the proposal subject to a number of conditions, which will be attached to Council’s decision notice. The conditions included (inter alia) construction of a 6 metre high acoustic barrier in the vicinity of the Bruce Highway boundary generally in accordance with the approved noise report.

As conditions are recommended to ensure a park reserve is provided to enable a 5 metre wide landscape strip between the acoustic barrier and the Bruce Highway road reserve, approval from DTMR is required to undertake the works in the reserve. The fence must be constructed in the future park reserve and will be a DTMR asset to be maintained by DTMR.



2.6.2 Advice Agencies There were no Advice Agencies involved in assessing this application. 2.6.3 Third Party Agencies There were no Third Party Agencies involved in assessing this application. 2.6.4 Internal Referral

2.6.4.1 Development Engineering Traffic and Transport The site fronts onto Wesley Road to the south, Samuel Road to the east, the Moreton Bay rail link to the north and the Bruce Highway to the west. Wesley Rd is an access place with a 4 m wide seal, Samuel Road is unconstructed and no development access is proposed onto the Bruce Highway. Wesley Road has been conditioned under an existing development approval to the east (DA/29612/2014/V23R) as a bus collector up to the Samuel intersection. Discussion with developers to the south intend for the bus collector to continue through the future development from this point in accordance with the Griffin Local Area Plan. Stage 1 of the development creates an owner balance lot (902) and residential lot (903). Lot 902 will be subject to further development and upgrading of Wesley Road to the lot frontage will not be required under this stage.. Lot 903 contains an existing telecommunication facility and its future will be determined at the end of the lease period. Upgrading of the Wesley and Samuel road frontages of Lot 903 will be undertaken in Stage 2 with other road works in this stages. Samuel Road has been conditioned under the existing eastern development approval as a collector road and it is recommended that this requirement be replicated for Stages 2-5 of this development. Development in the area will trigger an upgrade of the Tesch and Brays Road intersection at a time yet to be determined. Adjoining developments to the east have been conditioned to provide a Traffic Impact Assessment reporting on the impact of the additional demand on the intersection level of service at operational works for each stage. The recommendations of this report also include a condition to this effect. Stormwater Management and Drainage Discharge The site grades north and east with a central gully discharging to the Samuel Road reserve. The development has frontage to Freshwater Creek to the north which will provide a satisfactory point of stormwater discharge. A portion of the property is below the Q100 however this is limited to the creek frontage contained within proposed park. The balance of the development is above Council flood report planning level of 6.0 m AHD. The applicant has submitted a SMP by H&T Watson Consultants (14 Sept 2015) to support the development which has been assessed and a number of issues identified. No stormwater attenuation of discharge has been proposed for the development which is consistent with adjoining developments to the east and is in line with Council advice.



The recommendations of this report include a condition to submit a revised SMP addressing the following issues. 1. The stormwater drainage system is to cater for a fully developed upstream catchment in

accordance with PSP28. 2. The proposed dual piped stormwater system within Samuel Road is to be replaced with a

single piped system. 3. Although the approved development to the east is by the same developer, the subject

development is to be able to stand alone and not rely on adjoining infrastructure. 4. Stormwater quality treatment consistent with the revised stormwater drainage system. Earthworks Earthworks are proposed for the development but details were not submitted for the application. Reference was made however to a recent earthworks application (DA30151/2015/V4E/1) which identified bulk works to provide lot levels. The drawings indicated batters (possible future retaining walls) limited to 1.0 m in height. Acid Sulfate Soils The site is identified within the Acid Sulfate Soils overlay with levels ranging from 3 - 24 m AHD. Bio-retention basin works are proposed on land at or below 5 m AHD however a report by Cardno (13 May 2015) was submitted for the earthworks application and assessed. Acid Sulfate Soil issues were addressed under the earthworks approval.

2.6.4.2 Environmental Health

Acoustic An Environmental Noise Impact Report prepared by Decibell Consulting Pty Ltd dated 7 October 2015, report number 1510136, was submitted in support of the application and identifies that dwellings on certain allotments would be affected by noise. The report recommends an acoustic barrier that will be conditioned by DTMR as well as acoustic treatments for building construction on certain lots to ameliorate the impacts. As a consequence the recommendations of this report include an advice to ensure potential purchasers are notified of this issue.

Waste Management Bin pads have been provided for those dwellings that do not have frontage to a street that will be traversed by a garbage truck. The location of the pads will be assessed by council’s development engineer. A waste management condition is not required for this application.

2.6.4.3 Environmental Planning Vegetation Management and Koala SPRP The proposed development achieves the outcomes of the Biodiversity Overlay Code and the SEQ Koala Conservation SPRP. The works, including the removal of 4 trees in the vicinity of the Freshwater creek corridor, have been undertaken and were assessed as part of a previous operational works approval for bulk earthworks. The environmental values of the site are not impacted by the proposed development. No further clearing is required during the construction of the development. In this regard, conditions relating to the environmental aspects of the site are not recommended as part of the development.



2.7 Public Consultation

2.7.1 Public Notification Requirements under the Sustainable Planning Act 2009 The public notification requirements were undertaken in accordance with section 297 of the Sustainable Planning Act 2009.

2.7.2 Submissions Received There were no submissions received against this application. 2.7.3 Notice of Compliance The Notice of Compliance was received by Council on 15 December 2015. The Notice of Compliance identifies that public notification requirements for the application were correctly undertaken in accordance with the Sustainable Planning Act 2009.

• Publishing a notice in “Pine Rivers Press” on Thursday, 29 October 2015; and • Placing a notice on the land in the way prescribed under the Sustainable Planning Regulation

2009 from Thursday, 29 October 2015 until Tuesday 15 December 2015; and • Giving a notice to the owners of the land adjoining the site on Thursday, 29 October 2015.


The applicant has appeal rights in accordance with the Sustainable Planning Act 2009. 3.2 Corporate Plan / Operational Plan

Strengthening Communities: Development assessment - assessment of development applications and provision of development advice.

3.3 Policy Implications The proposal is consistent with the Superseded PineRiversPlan provisions and relevant policies.


There are no risk management implications to be considered. 3.5 Delegated Authority Implications

Not applicable. 3.6 Financial Implications

a) In the event that an appeal is made to the Planning & Environment court against Council’s decision, the Council will incur additional costs in defending its position.

b) Infrastructure contributions to Council are applicable.

3.7 Economic Benefit Appropriate development supports the growing Moreton Bay region.


New development contributes to sustainable management and protection of the natural environment in the region through compliance with the planning schemes policies and provisions.




Appropriately designed and located development contributes to diverse, vibrant and safe communities and facilities.

3.10 Consultation / Communication

Refer to clause 2.7. ATTENDANCE Mr Stewart Pentland retired from the meeting at 10.49am after consideration of Item 2.2.



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



4 ASSET CONSTRUCTION & MAINTENANCE SESSION (Cr Peter Flannery) ITEM 4.1 GROUNDS MAINTENANCE SERVICES - REGIONAL CEMETERIES - REGIONAL Meeting / Session: 4 ASSET CONSTRUCTION & MAINTENANCE Reference: A13094733: 10 May 2016 - Refer Confidential Supporting Information

A12752495 Responsible Officer: TO, Team Leader - Assets (ECM Operations) Executive Summary Council called tenders for the supply of grounds maintenance services for Council’s regional cemeteries for a contract period of two years with an option for a further two years. This tender closed on 4 March 2016 with a total of 13 submissions received. It is recommended that Council award the contract to Brisbane Commercial Lawn and Garden Care for the amount of $405,600 (excl. GST) for a two-year period, as this tender was evaluated as representing the best overall value to Council. COMMITTEE RECOMMENDATION

Moved by Cr Adrian Raedel Seconded by Cr Denise Sims CARRIED 12/0

That the tender for grounds maintenance services of Council’s regional cemeteries be awarded to Brisbane Commercial Lawn and Garden Care for a two-year contract term, with an option of a two-year extension period based upon satisfactory performance, for a total amount of $405,600 (excl. GST) ($202,800 (excl. GST) per annum), as this offer represents the best overall value offer to Council.

Moreton Bay Regional Council COORDINATION COMMITTEE MEETING PAGE 16/945 31 May 2016 Report ITEM 4.1 GROUNDS MAINTENANCE SERVICES - REGIONAL CEMETERIES - REGIONAL - A13094733: 10 (Cont.)


OFFICER’S RECOMMENDATION That the tender for grounds maintenance services of Council’s regional cemeteries be awarded to Brisbane Commercial Lawn and Garden Care for a two-year contract term, with an option of a two-year extension period based upon satisfactory performance, for a total amount of $405,600 (excl. GST) ($202,800 (excl. GST) per annum), as this offer represents the best overall value offer to Council. REPORT DETAIL 1. Background Council currently undertakes grounds maintenance services by contract at Redcliffe Cemetery, Tallowwood Cemetery (Deception Bay), King Street Cemetery (Caboolture), Albany Creek Cemetery Samford Cemetery, Samsonvale Cemetery, Lawnton Cemetery, Dayboro Cemetery and Caboolture River Road cemetery. These sites comprise both landscaped gardens and grassed areas and are maintained to a high amenity standard to meet community expectations. Grounds maintenance services to Council’s regional cemeteries is currently delivered by Brisbane Commercial Lawn and Garden Care who have performed this contract for the past eight years, performing at a very high standard and without incident. The existing contract provides 39 maintenance services at a current contract cost of $235,787.76 (excl. GST) per annum. 2. Explanation of Item Council received a total of 13 conforming submissions for this tender. The tender submissions were assessed by the tender assessment panel in accordance with Council’s Purchasing Policy and selection criteria set out in the tender documents. The proposed tender is for a two-year period with an option for an additional two by one year contract extension periods, to deliver 39 maintenance cycles annually in order to maintain the aesthetic appearance of these high profile regional cemeteries and to comply with community expectations. All tenderers with their weightings are tabled below (ranked from highest to lowest):

RANK TENDERER EVALUATION SCORE

1 Brisbane Commercial Lawn and Garden Care 94.08

2 Skyline Landscape Services (QLD) 85.58

3 Technigrow Pty Ltd 84.01

4 Plant Management Horticultural Services 78.10

5 Urban Maintenance Systems Pty Ltd 75.74

6 Jungle Busters Pty Ltd 70.13

RANK TENDERER EVALUATION SCORE

7 MMS Group Pty Ltd 68.69

8 PJT Mowing Pty Ltd 67.69

9 Labdab Pty Ltd 63.05

10 LM & JH Tuttle Trust 59.12

11 Brisbane Landscape Operations Pty Ltd 59.12

12 TJS Facilities Services QLD 55.44



13 Centrogen Pty Ltd 45.70 Brisbane Commercial Lawn and Garden Care received the highest ranking based on the selection criteria and submitted the third lowest price. The submission from Brisbane Commercial Lawn and Garden Care was very strong and included a detailed and clear understanding of the project requirements and scope, and demonstrated a high level of skill, knowledge, experience and qualifications desirable for this tender. This company is the incumbent contractor for grounds maintenance services of Council’s regional cemeteries and has performed to a very high level during the term of the current and previous regional cemeteries contracts. The price submitted by Brisbane Commercial Lawn and Garden Care for this tender represents an annual saving to Council of $32,987 (excl. GST) against the current price for these same services. Skyline Landscape Services Pty Ltd received the second highest ranking based on the selection criteria. The Skyline Landscape Services Pty Ltd submission demonstrated this company held the required experience and resources, but lacked slightly in their understanding of this particular tender’s project requirements and scope. Technigrow Pty Ltd received the third highest ranking based on the selection criteria. The Technigrow Pty Ltd submission was well received, although it was not deemed as strong as those submitted by the above companies, particularly in the area of specific project requirements. 3. Strategic Implications 3.1 Legislative/Legal Implications

Council called a public tender for the work through the LG Tender system in accordance with the Local Government Act 2009.

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

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

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

3.4 Risk Management Implications A third party review of financial status has been undertaken. The subsequent Veda report has been reviewed by Council’s Financial and Procurement Services who have advised that the company’s financial position as it is presented provides a low risk to Council.

3.5 Delegated Authority Implications Not applicable.

3.6 Financial Implications This project will be debited to project number 20431-121-22004. The budget allocation for this contract is sufficient.

3.7 Economic Benefit The effective management and maintenance of cemeteries and their subsequent presentation has a definitive effect on the perception that people have of the region.



3.8 Environmental Implications The successful tenderer will be subject to the same State and Federal environmental legislation that regulates Council’s parks maintenance activities.


Regional cemeteries, maintained to a high level by Council, provide a safe and visually amenable environment for the community to visit.

3.10 Consultation / Communication Operations officers worked with Council’s Procurement officers through the tender process and the associated assessment to ensure compliance with all probity requirements.



ITEM 4.2 BRENDALE - KREMZOW ROAD REHABILITATION - RELOCATION OF GAS MAIN - DIVISION 9 Meeting / Session: 4 ASSET CONSTRUCTION & MAINTENANCE Reference: A13584450 : 6 May 2016 Responsible Officer: LP, Program Management Manager (ECM Project Management & Construction) Executive Summary This report seeks Council approval to enter into a contract with APT O&M Services (QLD) Pty Ltd (APA Gas) for the relocation of a major gas main in Kremzow Road as part of broader road rehabilitation and widening project works. APA Gas is the owner of this gas main and has provided an estimate for the works. COMMITTEE RECOMMENDATION

Moved by Cr Mike Charlton (Deputy Mayor) Seconded by Cr Adam Hain CARRIED 12/0

1. That in accordance with section 235(a) of the Local Government Regulation 2012, Council is satisfied that APT O&M Services (QLD) Pty Ltd (‘APA Gas’) is the only supplier who is able to undertake the relocation of the gas main on Kremzow Road, Brendale.

2. That the Chief Executive Officer be authorised to enter into a contract with APT O&M Services (QLD) Pty Ltd (‘APA Gas’) on behalf of the Council, for the amount of $700,770 (excluding GST) as per the estimate of works.

Moreton Bay Regional Council COORDINATION COMMITTEE MEETING PAGE 16/949 31 May 2016 Report ITEM 4.2 BRENDALE - KREMZOW ROAD REHABILITATION - RELOCATION OF GAS MAIN - DIVISION 9 - A13584450 (Cont.)


OFFICER’S RECOMMENDATION 1. That in accordance with section 235(a) of the Local Government Regulation 2012, Council is satisfied

that APT O&M Services (QLD) Pty Ltd (‘APA Gas’) is the only supplier who is able to undertake the relocation of the gas main on Kremzow Road, Brendale.

2. That the Chief Executive Officer be authorised to enter into a contract with APT O&M Services (QLD)

Pty Ltd (‘APA Gas’) on behalf of the Council, for the amount of $700,770 (excluding GST) as per the estimate of works.

REPORT DETAIL 1. Background The road rehabilitation project is located on Kremzow Road, from 31 to 85 Kremzow Road, and includes a significant upgrade to the intersection of Kremzow Road and Leitchs Road, Brendale. The scope of works includes the rehabilitation of the road over a length of 1250m and width of 16m, the construction of new approach traffic lanes and the extension of existing traffic lanes, relocation of significant existing services, concrete pathways and cycle facilities. The road rehabilitation project is to be constructed over the course of the 2016/17 and 2017/18 financial years and is planned to commence in April 2017. The relocation of the APA Gas owned main is wholly dependent upon APA Gas to design and program their works. It is anticipated that once engaged, APA Gas will program the design, and then the physical gas main works will be undertaken based upon APA Gas’ construction program. Desirably the relocation of the gas main would occur prior to Christmas 2016 or early in the 2017 year, however all identified service relocations are to occur prior to the commencement of Council road rehabilitation and intersection works.

Figure 1 Location of works 2. Explanation of Item

As the asset owner, only APA Gas is able to design and undertake work on the relocation of this gas main. APA Gas has provided an estimate of the cost of the works required.




Under the Local Government Regulation 2012, the Council must tender works of this value in an open tender arrangement to determine tenderers that can meet Council’s requirements at competitive prices before Council enters into a large sized contractual arrangement, unless a relevant exception to this general requirement under the Regulation is applicable. The Council can enter into a large sized contractual arrangement without first inviting quotes if it resolves that it is satisfied there is only one supplier who is reasonably available.

3.2 Corporate Plan / Operational Plan

This project is consistent with the Corporate Plan outcome - Valuing Lifestyle: Roads and transport - roads and other transport infrastructure across the region.

3.3 Policy Implications Under S235 Other Exceptions of the Local Government Regulation 2012, part (a) “the local government resolves that there is only 1 supplier who is reasonably available”, APA Gas is the asset owner and the only supplier who manages all works associated with this asset. This contract has been procured in accordance with the provisions of the following documents: • Council’s Procurement Policy 10-2150-006 • Local Government Act 2009 • Local Government Regulation 2012 Chapter 6.


The project risk has been assessed and the following issues identified. The manner in which the possible impact of these risks are minimised is detailed below. Traffic Management: APA Gas will manage traffic related matters as part of their normal processes for undertaking works on their assets within the road reserve. APA Gas will submit a Land Access request to Council to open the road reserve as per the normal process for authorities to undertake works on their assets.

3.5 Delegated Authority Implications There are no delegated authority implications associated with this project.

3.6 Financial Implications Council has allocated a total of $3,250,000 (ex GST) in the draft 2016/17 Capital Project budget and identified $4,700,000 in the future 2017/18 Capital Works budget for the construction of the Brendale - Kremzow Road - Road Rehabilitation and Intersection Upgrade at Kremzow and Leitchs Road. The works associated with the relocation of this gas main project will be debited to project number 48221. Quoted (APA Gas) price $700,770.00 Contingency (5%) $35,038.50 ----------------- Total project cost $735,808.50 ========== There are no ongoing operational/maintenance costs associated with these works. The asset is operated and maintained by APA Gas. The budget amount for this project is sufficient. Additional funds will not be required at the next quarterly review.



3.7 Economic Benefit The relocation of the APA Gas main will allow the road rehabilitation works to progress. These rehabilitation works will address surface issues and extend the life of the road pavement and reduce recurrent maintenance costs. The intersection upgrade will provide additional capacity.

3.8 Environmental Implications An Environmental Management Plan will be submitted by the contractor to Council for approval, detailing how the surrounding area will be protected during construction, and how sediment run-off will be managed.


The relocation of the APA Gas main will allow the road rehabilitation works to follow and these rehabilitation works will decrease the need for disruptive road maintenance and improve rideability of the road surface for vehicles.

3.10 Consultation / Communication The works will be managed by APA Gas in line with normal traffic management associated with works on their asset. The Divisional Councillor has been consulted and is supportive of this project.



5 PARKS, RECREATION & SPORT SESSION (Cr Darren Grimwade) ITEM 5.1 LEASE TO AUSTRALIAN OUTRIGGER CANOE RACING ASSOCIATION SOUTH QUEENSLAND BRANCH INC. - TALOBILLA PARK - DIVISION 5 Meeting / Session: 5 PARKS, RECREATION & SPORT Reference: A12745700 : 30 October 2015 - Refer Supporting Information A13472555 Responsible Officer: CS, Team Leader Community Leasing (CES Sport & Recreation) Executive Summary Council has received a request from Australian Outrigger Canoe Racing Association South Queensland Branch Inc. (AOCRA) to lease a portion of land at Talobilla Park, Kippa-Ring to construct a fenced storage compound. This report seeks Council’s endorsement to enter into a five-year lease with AOCRA over the area of the proposed fenced compound. COMMITTEE RECOMMENDATION

Moved by Cr James Houghton Seconded by Cr Brooke Savige CARRIED 12/0

1. That Australian Outrigger Canoe Racing Association South Queensland Branch Inc. be offered a lease over the area of the proposed fenced compound in Talobilla Park, Kippa-Ring (part of Lot 2 on SP208907) for a period of five years in accordance with Council’s Community Leasing Policy, with annual rental commencing at $1.00 per annum.

2. That Australian Outrigger Canoe Racing Association South Queensland Branch Inc. will be responsible for the costs associated with relocating the entry gates which access the Newport Waters Canoe Club’s lease area and reinstating the fence line.

Moreton Bay Regional Council COORDINATION COMMITTEE MEETING PAGE 16/953 31 May 2016 Report ITEM 5.1 LEASE TO AUSTRALIAN OUTRIGGER CANOE RACING ASSOCIATION SOUTH QUEENSLAND BRANCH INC. - TALOBILLA PARK - DIVISION 5 - A12745700 (Cont.)


OFFICER’S RECOMMENDATION 1. That Australian Outrigger Canoe Racing Association South Queensland Branch Inc. be offered a

lease over the area of the proposed fenced compound in Talobilla Park, Kippa-Ring (part of Lot 2 on SP208907) for a period of five years in accordance with Council’s Community Leasing Policy, with annual rental commencing at $1.00 per annum.

2. That Australian Outrigger Canoe Racing Association South Queensland Branch Inc. will be responsible for the costs associated with relocating the entry gates which access the Newport Waters Canoe Club’s lease area and reinstating the fence line.

REPORT DETAIL 1. Background In July 2015 Council was contacted by members of an outrigger canoe club based at the Moreton Bay Boat Club, Scarborough, seeking assistance with finding new premises to operate from and store its canoes. The outrigger canoe club were at this time conducting its activity under the auspices of the Moreton Bay Boat Club. Council officers met with representatives of the outrigger canoe club and Mr Glenn Baynes, President of Australian Outrigger Canoe Racing Association South Queensland Branch Inc. (AOCRA), the primary governing body for outrigger canoe racing in South East Queensland, to discuss the proposal to relocate the outrigger club. The outrigger canoe club outlined a number of reasons for wanting to establish its own facility which primarily related to the operating and financial restrictions placed on it under the Moreton Bay Boat Club. The club recently incorporated and is affiliated with AOCRA as the Scarborough Outrigger Canoe Club. It is one of two affiliated clubs on the peninsula. AOCRA has confirmed there is sufficient interest in the area to support both outrigger clubs. During discussions it was agreed that, should the proposal be supported, Council would enter into a lease with AOCRA as it is an established organisation with the financial and administrative capacity to meet the requirements of the lease. 2. Explanation of Item The area identified in supporting information #1, measuring 20m by 20m at Talobilla Park, Kippa-Ring was initially requested by AOCRA on behalf of the outrigger canoe club to construct the fenced compound. The Talobilla Park Aquatic Precinct Landscape Master Plan Report 2014 identified a lease area for a water sport club measuring 18m by 12.5m. The area is depicted in red in supporting information #2. The Newport Waters Canoe Club Inc (NWCC), located to the east of this area and the Red Dragons Redcliffe Dragon Boat Racing Club Inc located to the west, were consulted regarding the proposed lease and the area requested by AOCRA, neither club raised any objection. NWCC has agreed to reduce its fenced compound, identified in blue in the supporting information #2, by three metres from the western boundary to provide additional space to AOCRA should they require it, provided that the entry gates currently located on the western boundary are relocated to the southern boundary to maintain access. The area which NWCC is willing to surrender to AOCRA is indicatively identified in yellow in the supporting information #2. It will be the responsibility of AOCRA to fund the relocation of these access gates and reinstatement of the fence. Following the realignment of fence boundaries, the area available to lease to AOCRA is 18m by 15.5m and AOCRA has confirmed that this space will be suitable for its needs.

Moreton Bay Regional Council COORDINATION COMMITTEE MEETING PAGE 16/954 31 May 2016 Report ITEM 5.1 LEASE TO AUSTRALIAN OUTRIGGER CANOE RACING ASSOCIATION SOUTH QUEENSLAND BRANCH INC. - TALOBILLA PARK - DIVISION 5 - A12745700 (Cont.)


Accordingly, it is proposed to enter into a five-year lease agreement with Australian Outrigger Canoe Racing Association South Queensland Branch Inc. under the terms and conditions of Council’s Community Leasing Policy, with annual rental commencing at $1.00 per annum. 3. Strategic Implications 3.1 Legislative/Legal Implications

The proposed lease agreement will be registered with the Department of Natural Resources and Mines in accordance with the Land Act 1994.

3.2 Corporate Plan / Operational Plan Strengthening Communities: Community capacity building - projects and activities that build community capacity and provide support to community organisations.

3.3 Policy Implications The terms and conditions of the proposed lease agreement will be in accordance with Council’s Community Leasing Policy (14-2150-079).

3.4 Risk Management Implications There are no known risk management implications.

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

3.6 Financial Implications There are no known financial implications.

3.7 Economic Benefit There are no known economic benefit implications.


There are no known environmental implications. 3.9 Social Implications

The granting of a lease to the Australian Outrigger Canoe Racing Association South Queensland Branch Inc. will assist the operations of outrigger canoe racing on the peninsula as it will provide dedicated boat storage.

3.10 Consultation / Communication Councillor - Division 5, Sport and Recreation Unit, Parks and Recreation Planning Unit, Australian Outrigger Canoe Racing Association South Queensland Branch Inc., Newport Waters Canoe Club Inc and Red Dragons Redcliffe Dragon Boat Racing Club Inc.



6 LIFESTYLE & AMENITY SESSION (Cr Matt Constance) No items for consideration.

7 ECONOMIC DEVELOPMENT & TOURISM SESSION (Cr Julie Greer) No items for consideration.



8 GENERAL BUSINESS ITEM 8.1 WOODFORD COMBINED EMERGENCY SERVICES EXPO - DIVISION 12 (AR) Cr Raedel advised that the Woodford Combined Emergency Services Expo was held at the Woodford Showgrounds over the weekend. This event was well attended by emergency service divisions with firefighters, police, paramedics and Moreton Bay Region SES showcasing the latest high-tech emergency equipment and vehicles. COMMITTEE RECOMMENDATION

Moved by Cr Adrian Raedel Seconded by Cr Adam Hain CARRIED 12/0

That Council acknowledge the efforts of its staff and emergency services at the Woodford Combined Emergency Services Expo held on Sunday 29 May 2016. ITEM 8.2 CANCER COUNCIL RELAY FOR LIFE - DIVISION 5 (JH) Cr Houghton reported on the Relay for Life event held at the Redcliffe Showgrounds on 28 and 29 of May. This event was an incredible 18-hour overnight experience giving cancer survivors, patients and their carers a chance to honour and remember loved ones lost to cancer and to raise money to help save more lives. This fundraiser raised approximately $43,000 for lifesaving cancer research and patient support services with 33 teams and 13 schools participating.



CLOSED SESSION (Confidential items) (Resolution the meeting be closed under s275 of the Local Government Regulation 2012) CLOSED SESSION COMMITTEE RECOMMENDATION

Moved by Cr Adrian Raedel Seconded by Cr Julie Greer CARRIED 12/0

That Committee move into closed session pursuant to the provisions of s275 (1) of the Local Government Regulation 2012 to discuss Item C.1. Members of the press and public gallery left the Chambers. The closed session commenced at 10.59am. ATTENDANCE Mr Stewart Pentland returned to the meeting at 11.06am during discussion of Item C.1. OPEN SESSION COMMITTEE RECOMMENDATION

Moved by Cr James Houghton Seconded by Cr Darren Grimwade CARRIED 12/0

That Committee resume in open session and that the following recommendations be made. The open session resumed at 11.12am.



ITEM C.1 – CONFIDENTIAL PROPERTY RATIONALISATION PROJECT - MAY 2016 - DIVISIONS 7, 9, 10, 11, 12 Meeting / Session: 7 ECONOMIC DEVELOPMENT & TOURISM Reference: A13636146 : 18 May 2016 - Refer Confidential Supporting Information

A13670782 Responsible Officer: AS, A/Manager Property and Commercial Services (EPS Property &

Commercial Services) Basis of Confidentiality Pursuant to s275 (1) of the Local Government Regulation 2012, clause (h), as the matter involves other business for which a public discussion would be likely to prejudice the interests of the Council or someone else, or enable a person to gain a financial advantage. Executive Summary The purpose of this report is to seek a Council resolution for disposal of land that has been identified as surplus to Council’s requirements. COMMITTEE RECOMMENDATION

Moved by Cr Mick Gillam Seconded by Cr Adam Hain CARRIED 11/1 Cr Denise Sims voted against Committee’s Recommendation

1. That Council approve the sale of the Council property as detailed in this report. 2. That the Chief Executive Officer be authorised to do all things necessary to complete the sale

of Council-owned property in accordance with recommendation 1, including negotiating and agreeing on the sale prices, subject to those prices being supported by valuations obtained for the purpose, and executing contracts of sale on behalf of Council.

CLOSURE There being no further business the Chairperson closed the meeting at 11.13am.

REPORT - moretonbay.qld.gov.au · REPORT Coordination Committee Meeting Tuesday 31 May 2016...

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