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MINUTES of the ORDINARY MEETING CHAIRMAN: Cr MW Curran (Mayor) Held in the Boardroom Town Hall 2 Caledonian Hill Gympie Qld 4570 On Wednesday, 28 March 2018 At 9am

MINUTES ORDINARY MEETING - Gympie Regional Council · 3/28/2018  · Ordinary Meeting Minutes 28 March 2018 6 Gympie Regional Council The overall trend for the year is demonstrated

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Page 1: MINUTES ORDINARY MEETING - Gympie Regional Council · 3/28/2018  · Ordinary Meeting Minutes 28 March 2018 6 Gympie Regional Council The overall trend for the year is demonstrated

MINUTES

of the

ORDINARY MEETING

CHAIRMAN: Cr MW Curran (Mayor)

Held in the Boardroom

Town Hall

2 Caledonian Hill

Gympie Qld 4570

On Wednesday, 28 March 2018

At 9am

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Ordinary Meeting Minutes 28 March 2018 1

Gympie Regional Council

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Gympie Regional Council

Gympie Regional Council ORDINARY

Mayor MW Curran (Chairman)

Crs MA McDonald, GC Hartwig, MS Gear, DW Dodt, DH Stewart, HT Smerdon

and WR Leitch

CONTENTS:

ACKNOWLEDGEMENT ....................................................................................................................... 3

DISCLOSURE OF INTERESTS BY COUNCILLORS ............................................................................... 3

SECTION 1: OPEN WITH PRAYER .................................................................................................. 3

SECTION 2: APOLOGIES / LEAVE OF ABSENCE ............................................................................ 3

SECTION 3: CONFIRMATION OF MINUTES .................................................................................. 3

SECTION 4: PETITIONS ................................................................................................................... 4

SECTION 5: PLANNING AND DEVELOPMENT .............................................................................. 5

5.1 BUILDING APPROVALS FOR JANUARY 2018 AND FEBRUARY 2018 ....................................................................................... 5

5.2 DEVELOPMENT APPLICATION FOR MATERIAL CHANGE OF USE - EXTRACTIVE INDUSTRY (INCREASE TO EXISTING

EXISTING INDUSTRY USE UP TO 100,000 TONNE PER ANNUM AND NEW ASSOCIATED ACCESS) ....................................... 7

5.3 MATERIAL CHANGE OF USE - EXTRACTIVE INDUSTRY (EXTRACTING AND SCREENING MATERIALS UP TO 5,000

TONNE PER ANNUM) OVER 132 RIVERSDALE ROAD KANDANGA ........................................................................................ 25

SECTION 6: CORPORATE AND COMMUNITY SERVICES ........................................................... 50

6.1 PROPOSED RENEWAL OF FREEHOLD LEASE - LOT 3 RP825886 - 3 MULLER ROAD, DAGUN ........................................ 50

6.2 PROPOSED DISPOSAL OF VACANT LAND - PINEWOOD AVENUE, GYMPIE .......................................................................... 52

6.3 PROPOSED ACQUISITION OF LAND - AMAMOOR .................................................................................................................. 54

6.4 FEBRUARY FINANCIAL REPORT .................................................................................................................................................. 57

SECTION 7: OFFICE OF THE CEO .................................................................................................. 60

7.1 REPORT FROM THE AUDIT AND RISK MANAGEMENT COMMITTEE FEBRUARY 2018 MEETING ........................................ 60

SECTION 8: INFRASTRUCTURE SERVICES ................................................................................... 63

8.1 PROPOSAL TO DEMAIN A SECTION OF RAINBOW BEACH ROAD ........................................................................................... 63

SECTION 9: IN COMMITTEE ......................................................................................................... 67

9.1 WATER BUSINESS UNIT ASSET MANAGEMENT SYSTEM ........................................................................................................ 67

9.2 RATTLER RAILWAY COMPANY ................................................................................................................................................... 68

SECTION 10: ATTACHMENTS......................................................................................................... 69 5.1 BUILDING APPROVALS FOR JANUARY 2018 AND FEBRUARY 2018

ATTACHMENT 1 BUILDING APPROVALS FOR JANUARY 2018 .................................................................................... 70

ATTACHMENT 2 BUILDING APPROVALS FOR FEBRUARY 2018 .................................................................................. 79

6.4 FEBRUARY FINANCIAL REPORT

ATTACHMENT 1 FEBRUARY 2018 FINANCIAL REPORT ............................................................................................... 90

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Gympie Regional Council

The meeting commenced at 9.01am.

PRESENT: Mayor Cr MW Curran (Chairman), Crs MA McDonald, GC Hartwig,

MS Gear, DW Dodt, DH Stewart, HT Smerdon and WR Leitch.

Also in attendance were Acting Chief Executive Officer (Ms P Gordon,

Director Infrastructure Services (Mr D Scordalides), Director, Planning

and Development (Ms G Vereker), Acting Director Corporate and

Community Services (Ms R Lethem), Manager – Building and Plumbing

(Mr R Prout), Manager Property (Mr A Bray), Chief Financial Officer

(Mr M Booth), Manager Development and Compliance

(Mrs T Stenholm), Management Accountant (Ms D Hatherell), General

Manager Design Services (Mr L O‘Brien) and Minutes Clerk (Ms T Byrne).

ACKNOWLEDGEMENT

Cr Hartwig gave the following acknowledgement:

Let me acknowledge the traditional owners of the land on which we

meet today, I pay my respects to the elders of the past, present and

emerging.

DISCLOSURE OF INTERESTS BY COUNCILLORS

SECTION 1: OPEN WITH PRAYER

Pastor Daniel Saunders from Gympie Presbyterian Church offered a

prayer for the advancement of the region and the true welfare of its

people.

One Minute‘s silence for family and friends of deceased residents of the

region.

SECTION 2: APOLOGIES / LEAVE OF ABSENCE

SECTION 3: CONFIRMATION OF MINUTES

M01/03/18 Moved Cr MA McDonald Seconded Cr DH Stewart

That the Minutes of the Gympie Regional Council Ordinary Meeting held

on 28 February 2018 be taken as read and confirmed.

Carried

FOR: Cr MW Curran, Cr MA McDonald, Cr WR Leitch, Cr DW Dodt, Cr MS Gear,

Cr GC Hartwig, Cr HT Smerdon and Cr DH Stewart

AGAINST: Nil

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SECTION 4: PETITIONS

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SECTION 5: PLANNING AND DEVELOPMENT

5.1 Building Approvals for January 2018 and February 2018

PORTFOLIO: Planning and Development

DIRECTORATE: Planning and Development

DOC ID:

LINKS TO CORPORATE/OPERATIONAL PLAN

STRATEGIC THEMES:

3. Our Economy – dynamic, productive and resilient

1. BACKGROUND AND PREVIOUS COUNCIL CONSIDERATION

A report detailing building activity within the Region for the months of

January and February 2018, with a comparison over the last 6 (six) years, is

presented for Council‘s information.

2. REPORT

The Building Approvals Report and the Statistics Graph for January 2018 and

February 2018 are included as attachments to this report.

January 2018

A total of 66 Building Approvals were issued for the month of January, of

which 41 approvals were issued by Private Building Certifiers and 25 were

issued by Council Building Certifiers. The total number of approvals for

January included 21 new dwellings and three new duplexes.

In comparison a total of 64 Building Approvals were issued in January 2017

with a total of 16 new dwellings approved for that same period.

The graphs attached demonstrate that the total number of Building Approvals

issued for the month of January 2018 is the highest number over the same

period for the last six years.

February 2018

A total of 98 Building Approvals were issued for the month of February, of

which 63 approvals were issued by Private Building Certifiers and 35 were

issued by Council Building Certifiers. The total number of approvals for

February included 28 new dwellings, one relocated dwelling and two new

duplexes.

In comparison a total of 96 Building Approvals were issued in February 2017

with a total of 30 new dwellings approved for that same period.

The graphs attached demonstrate that the total number of Building Approvals

issued for the month of February 2018 is the highest number over the same

period for the last six years.

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The overall trend for the year is demonstrated when 2018 figures are

compared with the number of overall approvals issued for the year to date (as

at end of February), for the last 6 (six) years:

February 2018 total approvals year to date - 164

February 2017 total approvals year to date – 160

February 2016 total approvals year to date – 133

February 2015 total approvals year to date – 143

February 2014 total approvals year to date – 119

February 2013 total approvals year to date – 84

3. BUDGET IMPLICATIONS

Council is maintaining its market share in the Region‘s building certification

business, and as such, is on track to achieve its predicted budget in the

2017/2018 financial year.

4. POLICY IMPLICATIONS

There are no policy implications.

5. CONSULTATION

Director – Planning and Development

ATTACHMENTS

⇩ 1. Building Approvals for January 2018

⇩ 2. Building Approvals for February 2018

M02/03/18 Moved Cr MA McDonald Seconded Cr DW Dodt

That Council notes the report.

Carried

FOR: Cr MW Curran, Cr MA McDonald, Cr WR Leitch, Cr DW Dodt, Cr MS Gear,

Cr GC Hartwig, Cr HT Smerdon and Cr DH Stewart

AGAINST: Nil

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5.2 Development Application for Material Change of Use - Extractive

Industry (Increase to existing Existing Industry Use up to 100,000

tonne per annum and new associated access)

PORTFOLIO: Planning and Development

DIRECTORATE: Planning and Development

DOC ID: 2016-1038

LINKS TO CORPORATE/OPERATIONAL PLAN

STRATEGIC THEMES:

3. Our Economy – dynamic, productive and resilient

1. BACKGROUND AND PREVIOUS COUNCIL CONSIDERATION

Executive Summary

The application seeks approval for an Extractive Industry within the

Industry Investigation Zone at Kybong.

There is some historic evidence of an extractive industry use operating

over Lot 1185 MCH2253 and Council has provided advice that the lawful

existing use is limited in scale to 5,000 tonnes per annum.

The application is over four (4) lots, with the extraction area to be

contained within the northern most lot (Lot 1185). The three lots to the

south are to allow access to the extraction area off Old Traveston Road.

Extraction is not proposed within Lots 26, 27 and 29.

The proposal seeks to increase the annual throughput to up to 100,000

tonnes and proposes to change the existing access arrangements to the

extraction area from directly off the Bruce Highway to a new access point

located on Old Traveston Road.

The proposal plan nominates three extraction areas: Area 1 is an

expansion to the existing pit and the supporting reports accompanying

the application focus on this area. Areas 2 and 3 are general outlines

where possible extraction may occur and no specific details have been

provided on these areas in terms of location, depths, activities, noise

sources/impacts etc.

The Department of Infrastructure, Local Government and Planning (DILGP)

are a referral agency due to the site having frontage to the Bruce

Highway. Referral to the Department of Environment and Heritage

Protection (DEHP) is not triggered as part of the development application

process where the threshold is less than 100,000 tonnes.

Approval for Environmentally Relevant Activities for extracting and

screening are to be obtained from the Department of Environment and

Heritage Protection (DEHP) should a development approval be issued.

The application was advertised for public comment with 8 (eight)

submissions received, including one petition with 53 signatures.

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The key issues raised by submitters include noise, amenity, environmental

impacts and conflict with the intent of the zone.

2. REPORT

FILE NO: 2016-1038

APPLICANT: Ian Allen C/- Martoo Consulting

RPD: Lot 1185 MCH2253, Lot 1 RP168600, Lot 1

RP176437, Lot 4 RP176437 (now referred to as

Lot 1185 MCH2253 and Lots 26, 27 and 29

SP279307)

SITE ADDRESS: 1793, 1795 and 1813 Old Bruce Highway,

Traveston and Bruce Highway Kybong

CURRENT USE: Rural pursuits and small scale extraction activities.

PROPOSAL: Extractive Industry (Extracting up to 100,000

tonne per annum)

ZONE: Industry Investigation

SUBMISSIONS: 8, including one petition with 53 signatures

2.1 INTRODUCTION

2.1.1 Site History

Prior to this application being lodged the applicant‘s consultant sought

Council‘s advice to confirm if the prior extraction activities on the site are

considered a lawful use.

In summary:

Sales invoices were provided by the applicant confirming that the

extraction and sale of material was occurring prior to commencement of

the Widgee Shire Council Interim Development By-Law in 1974;

This was accepted as satisfactory evidence to confirm an extractive

industry was in use on the land prior to the existence of the first planning

instrument for the former Widgee Shire Council;

There is very limited information about the way the use developed during

the period from commencement to the present though it is evident the

use would have required an approval under the Environmental Protection

Act 1994, had the input exceeded 5,000 tonnes per annum;

There is no evidence that an approval or permit has been issued under the

EPA;

In the absence of evidence to the contrary, the extent of any use found to

be a ‗lawful use‘ would be limited in scale to 5,000 tonnes per annum.

2.1.2 The Proposal

The development seeks approval for an extractive industry to extract and

screen material at a rate of up to 100,000 tonnes per annum. The material is

stated to be primarily gravel and crushed and screened rock.

The threshold of material produced annually will trigger an Environmental

Authority from the Department of Environment and Heritage Protection

(DEHP) although this is not required as part of the development application

process and can be obtained should a development approval be issued.

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The former extraction operation utilised an access point to Lot 1185 off the

Bruce Highway. The current proposal seeks to remove this access and

establish a new access point off Old Traveston Road as it is considered a safer

location.

Relevant development parameters in relation to Extractive Area 1 include:

Operating hours are proposed to be 7am to 6pm Monday to Saturday,

excluding public holidays. The applicant has clarified there was an error

in the application material where it incorrectly referred to operating

hours between 7pm to 6am;

A centralised stockpiling or processing area is not proposed, with all

stockpiling and processing to occur adjacent to the position from

which the material is extracted;

Blasting is not proposed unless rock is uncovered that cannot be

moved by dozer;

Plant and machinery will include an excavator, bulldozer, loader, water

truck, dump truck and mobile crushers and screening plants.

Customers will need to supply or arrange their own haulage trucks to

collect and deliver the material;

No permanent buildings are proposed to be constructed. Mobile

dongas are to be located on Lot 1185 and these will function as a site

office and include staff facilitates;

The application material and information request response contained

several specialist reports including:

- A site based management plan, including a stormwater

management plan;

- Noise report; and

- Traffic Engineering report.

Council requested further information be provided including a site based

management plan, detailed plans and information showing progression of

extraction areas, finished site levels, rehabilitation project lifespan, visual

impact assessment, noise impact assessment, as well as traffic and haul road

information.

A visual impact assessment has not been provided, along with any details of

extraction areas 2 and 3. It is noted that the reports that have been lodged

focus on impacts from the existing pit area and haulage road only. There has

been no supporting information provided that details any specific pit

locations, depths, staging/lifespan etc. for extractive areas 2 and 3 shown on

the proposal plan drawn by Martoo Consulting. The applicant has stated they

consider that a development permit could be adequately conditioned to

require a further site based management plan to deal with these areas. This is

not agreed with as the level of detail required would be above and beyond

what a site based management plan would generally deal with and the current

lack of detail does not provide adequate certainty to Council to enable the

issue of an approval for these areas.

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Proposal Plans

2.2 SITE DESCRIPTION

2.2.1 Subject Site

The site is located on the Old Bruce Highway and Old Traveston Road.

Four (4) lots are involved in the application, with the extraction area to be

contained within Lot 1185 and the remaining three (3) lots to be used for the

haulage track to the extraction area.

Access is to be via Old Traveston Road and an existing access to Lot 1185 off

the Old Bruce Highway is to be removed.

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Figure 1: Subject site (Intramaps 2017 aerial imagery)

Figure 2: Subject site recent aerial image. Source: Google Maps

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Figure 3: Topography (Intramaps). Note: contour data does not necessarily reflect current levels

on the ground following the previous excavation that occurred on site.

2.2.2 Surrounding Land Uses

The site is located within the Industry Investigation Zone and the surrounding

land uses are predominately of a rural nature and character. The approved

Corbet compost manufacturing operation and transport depot site is

approximately 700m to the south.

The site is bordered to the east by the Bruce Highway and to the west by the

Old Bruce Highway.

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Figure 4: Subject site and surrounds.

2.3 ASSESSMENT

2.3.1 Framework for Assessment

Instruments for Statutory Assessment

Under the Sustainable Planning Act 2009 the application must be assessed

against each of the following statutory planning instruments to the extent they

are relevant to the development:

State Planning Policy (SPP);

the Planning Scheme for the local government area.

Under the SPP mapping, the site is designated as having the following values:

Biodiversity – MSES regulated vegetation intersecting a watercourse

and MSES regulated vegetation (category B)

Natural Hazards Risk and Resilience – local government flood mapping

area and bushfire prone area; and

State Transport Infrastructure – state-controlled road and future state

controlled road.

*Note: Since the lodgement of this application a new version of the State

Planning Policy has been released. The most current mapping available also

lists ‗Agriculture‘ as a State Interest affecting these lots.

Biodiversity

A waterway is mapped within the north-west corner of Lot 1185. The existing

pit and proposed expansion of Area 1 are not proposed to be located within

the waterway. Any environmental impacts on water quality are to be managed

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through the conditions of the Environmental Authority and an approved Site

Based Management Plan.

Natural hazards

The bushfire mapping indicates medium to high potential bushfire intensity

generally in the location of the existing vegetation on site, predominantly

concentrated along the Old Bruce Highway frontage. Some of the high

potential bushfire area will need to be cleared to enable the expansion of the

pit as proposed for Area 1.

The remaining vegetation is necessary for a buffer and visual screening and

should remain in place, with the exception of any minor clearing that may be

necessary for firebreaks etc.

The site based management plan should be amended to include a bushfire

management plan detailing potential bushfire threats, control measures,

employee information, monitoring etc.

State Transport

The interim development assessment requirements require an application be

assessed against the following criteria:

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

(Appendix 4).

The proposal was referred to the State in relation to the proximity of the Bruce

Highway and conditions have been recommended by the State Assessment

and Referral Agency (SARA).

2.3.3 Gympie Regional Council Planning Scheme 2013

The Development Application was lodged for assessment under the Gympie

Regional Council Planning Scheme 2013 (Planning Scheme) and is subject to

impact assessment. Consequently, the application is to be assessed against the

whole the Planning Scheme.

Under Part 1.5 Hierarchy of assessment benchmarks, it is stated:

(1) Where there is inconsistency between provisions within the Planning

Scheme, the following rules apply:

a. the strategic framework prevails over all other components to the

extent of the inconsistency for impact assessment;

b. relevant codes as specified in schedules 6 and 10 of the Regulation

prevail over all other components to the extent of the inconsistency;

c. overlays prevail over all other components (other than mentioned in

(a) and (b)) to the extent of the inconsistency;

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d. zone codes prevail over use codes and other development codes to

the extent of the inconsistency

Strategic Framework

Under the Strategic Framework a number of provisions are considered

relevant to the development including, but in particular Part 3.4, Rural Futures,

wherein the context states:

The role of the Planning Scheme in rural futures is to preserve productive

agricultural land, provide opportunities for a wide variety of rural pursuits, food

production and innovative rural businesses and facilitate, where appropriate,

suitable non-rural activities, including extractive activities. Rural areas can

provide suitable locations for non-rural activities that hold significant benefits to

a local or wider community, but where circumstances or characteristics are such

that they are not suited to conventional urban areas.

Part 3.4.1 Strategic outcomes, states:

(1) The capacity of productive rural lands to contribute to the Region‟s economy

and community health is protected from incompatible land uses, enhancing

the interdependence of urban and rural communities.

(2) The rural production base of the Region is broadened to accommodate the

widest diversity of productive land uses as is practicable.

(3) Rural areas recognise that different localities within the Region have the

capacity to support varying intensities of the same rural activities.

(4) Non-rural activities that are ancillary or subsidiary to principal rural land

uses are encouraged to widen the economic base for rural production

provided that rural production in surrounding areas is not alienated.

(5) Extractive resources in rural areas are protected for effective and sustainable

exploitation consistent with demonstrated community need.

Under Table 3.2 Theme components – Rural futures, several elements and

specific outcomes are provided, the most relevant being:

3.4.2 Elements 3.4.3 Specific Outcomes

(5) Extractive resources – the

value of extractive resources

identified on the Strategic Plan

Map is realised with an

acceptable level of impact on

the environment and lifestyle

quality

(a) The impacts of incompatible development on

the ability to exploit known extractive resources

are prevented;

(b) Non-rural land uses that are incompatible with

extractive industry do not establish in rural

areas or provide sufficient on-site buffering to

eliminate any impacts;

(c) Exploitation of extractive deposits are managed

such that adverse environmental and amenity

impacts are maintained at an acceptable level;

(d) Extractive industry operations, including haul

routes, should avoid significant adverse effects

on the natural features, safety and amenity of

the locality.

(e) Extractive industry operations contain any

significant adverse impacts within the site and

screening of activities is provided to protect the

landscape character of rural areas.

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Extractive industries are generally located in rural areas, with particular

locations being specifically designated for such a purpose under the Planning

Scheme.

Under the strategic outcomes it is stated that extractive resources in rural

areas are to be protected for effective and sustainable exploitation consistent

with demonstrated community need. The intention of this provision is to

protect the extractive resources identified on the Strategic Plan Map, which is

not the case here.

Zoning

The purpose of the Industry Investigation Zone is to:

Identify and protect land that is suitable for industrial activities where further

detailed planning, investigations and studies are required to determine the

suitability of the industry investigation zone for use as an industry zone.

The local government purpose is to ensure that land within the zone continues

to be available for use for low intensity rural or open space uses until structure

plans are completed and approved.

While a structure plan has not been approved it is considered that the

proposal to expand the existing pit area is generally in keeping with the

existing lawful use and should the property be included in an industry zone in

the future the proposed use could be compatible with industrial uses. Should

the property revert back to a rural zone in the future the proposal could still

be supported at a limited scale i.e. only extractive area 1 and conditions

imposed to manage potential impacts.

The Planning Scheme enables an extractive industry to be supported in a rural

area where is can be demonstrated that it is compatible with the rural

character of the area and adverse impacts on adjoining land uses are avoided

or mitigated.

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Figure 6: Gympie Regional Council Planning Scheme 2013 Zoning

The grounds submitted by the applicant predominantly relate to the existing

use rights of Lot 1185 for quarrying activities and that the site will be

progressively rehabilitated to allow for possible future industrial development.

The applicant maintains that the existing use rights would allow extraction and

processing across the whole of Lot 1185 without obtaining a development

approval. Council does not accept this interpretation, rather it is Council‘s

position supported by case law that the existing use rights are limited to the

area around the existing pit where extraction has occurred for approximately

45+ years.

Given the historic use of the site for a small scale activity and based on the

accompanying reports to the application, the proposed expansion of the

quarry surrounding the existing pit is considered to be able to be adequately

managed to minimise impact on the surrounding area. The noise report

confirms that should the use be operated during daytime hours only no

acoustic mitigation measures would be required. Further, existing vegetation

surrounding the pit to the north, south and west and the topography of the

site provide some screening from the Old Bruce Highway and surrounding

residences. Environmental Approvals will be required should a development

approval be issued which will regulate impacts such as noise, dust, odour and

groundwater.

Should an approval be given by Council, conditions should be imposed to

manage operation of the site, stormwater management and limitations on

operating hours.

Overlays

The site is mapped as containing good quality agricultural land classes A, B

and C. Lot 1185 is to contain the extraction activities and is predominately

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class C land. The existing use has already contributed to a loss of land for rural

pursuits for the part of this lot where the existing pit is located.

The other three lots that are included as part of the application for the

haulage road will still remain available for rural purposes as extraction is not

proposed within these lots. It is considered that there is minimal loss or

fragmentation of GQAL on these lots as they will primarily remain available for

rural pursuits.

2.3.4 Key Planning Considerations

Traffic and Road Safety

The only Council infrastructure involved is a small portion of Old Traveston

Road that will provide access to the quarry. The application was referred to the

Department of Transport and Main Roads, via SARA and it has provided

conditions relating to a channelised right turn treatment for the intersection of

Old Traveston Road and the Old Bruce Highway and the removal of the

existing access to Lot 1185.

Environment

Stormwater management is essential to ensure water quality objectives are

achieved for surface waters leaving the site. It is recommended that a

Stormwater Management Plan be submitted to Council for endorsement as a

condition of any approval.

A comprehensive rehabilitation plan that identifies the end land use, indicating

how the site will be rehabilitated, including benching, top dressing and

mulching, direct seeding and planting, should also be a condition of

development approval, should approval be given.

Flooding

Queensland Reconstruction Authority (QRA) Q100 mapping exists over the

portions of the site along the Old Bruce Highway and Old Traveston Road

frontages. The extraction area is predominantly outside of this mapped flood

overlay area, however the proposed access point off Old Traveston Road will

be affected during a flood event. The applicant has indicated that signage will

be installed to advise of this.

Noise

The application material states that plant and machinery to be used will

include:

One (1) excavator;

One (1) bulldozer;

One (1) loader;

One (1) water truck that is filled from the settlement ponds and dams;

One (1) onsite dump truck;

One (1) mobile crushing plant;

One (1) mobile screening plant; and

Mobile rock crushers to be operated on site by subcontractors as and

when required.

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Customers are to supply or arrange their own haulage trucks to collect and

deliver material.

The operating hours are proposed to be 7am to 6pm Monday to Saturday,

excluding public holidays. The applicant has clarified there was an error in the

application material where it incorrectly referred to operating hours between

7pm to 6am.

A noise report was submitted following Council‘s request for information. The

report outlines the noise sources associated with the quarry i.e.

bulldozing/ripping, crushing, loading material, truck movements etc. and

identifies the closest eight (8) residences to the quarry and haul road.

Figure 7: Closest receptors identified in Environmental Noise Level Study by David Moore dated

14/02/2017.

Residence 8 will be approximately 370m from the haul road and residences 1-

7 between 315m to 590m from the quarry.

The report states that as the operating hours are to be daytime only i.e. 7am

to 6pm the noise sources comply with the daytime acceptable levels without

the need for any mitigation measures.

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In responding to the issues identified in the submissions received, the

applicant has advised that while the business will only operate during daytime

hours loading and unloading may occur outside these hours as required by

customers. Emergency and maintenance activities may also be conducted

outside of these hours as required.

Any approval issued should be conditioned to restrict operating to daytime

hours i.e. 7am to 6pm only.

This noise report was undertaken in November and December 2016 at which

time the Bruce Highway was situated on the western side of the subject

development. The new section of highway now passes to the east of the

development, further away from the identified sensitive receptors. This will

have the impact of reducing background noise levels particularly with respect

to the mitigating effect of traffic noise. In essence, the reduced traffic flow on

the old Bruce Highway will result in a reduced background noise level at

sensitive receptors identified in the noise study lodged by the applicant.

The submitted noise study indicates a slightly higher than expected

background noise level in what is essentially a rural setting, however it is

noted that this development fronted the old Bruce Highway at the time of the

monitoring, and traffic noise would have been a major contributor to

background levels particularly during daytime hours. The nearest off site

receptors are located on the opposite (western) side of the highway between

315m and 520m away from the quarry. The old Bruce Highway, as it was,

would provide a ―masking‖ effect during daytime hours and, to some extent

during the early evening hours due to motorists travelling home from work.

This would not be the current case due to the opening of the new section of

the Bruce Highway which has taken a substantial volume of traffic away from

the old route. It can be reasonably assumed that the reduction in traffic will

correlate to a reduction in background noise levels.

There are two (2) noise assessment criteria which can be considered, the

Acoustic Quality Objectives, and Background Creep. The noise study generally

confirms compliance with the Acoustic Quality Objectives, however it should be

noted that this does not imply inaudibility to sensitive receptors, i.e. that noise

from the development will be inaudible.

The noise data showed that compliance with Background Creep criteria could

also possibly be achieved, but again, this does not imply inaudibility, in fact it

allows for noise exceedance above background levels at a ―clearly audible‖

level. Historically, the State has imposed its noise conditions based on

Background Creep criteria.

To summarise, the noise study based on the old Bruce Highway being the

main route confirmed that noise emissions from the proposed quarry would

be audible at sensitive receptors, and from time to time there would be peaks.

However, given the new section of the Bruce Highway now takes most of the

traffic, it is reasonable to suggest that the background noise levels would be

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reduced due to far less traffic. What this means is that the noise impacts from

the proposed development as described in the submitted noise study would

be in fact more noticeable to sensitive receptors, not less.

It would be expected that the State will impose noise conditions based on

background levels and it is anticipated this will reflect the current Bruce

Highway influence (less traffic, lower background noise levels). There is

potential for the State to request submission of revised background levels at

least, which will influence the conditioning of the ERA approval.

Should noise limits based on Background Creep criteria be imposed, this still

allows for an exceedance which is ―clearly audible‖ to sensitive receptors. That

said, any noise related complaints received by Council will be referred to the

State for investigation.

Visual amenity

A visual amenity assessment has not been provided by the applicant with the

following information provided:

„Extractive industry is an existing use on the site, not a new use, therefore the

existing amenity of the surrounding area includes the quarry operations on the

site to date. It is considered that there is a lack of rural amenity on the site and

adjoining lots given their location between the old and new Bruce Highway, the

construction of the new Bruce Highway in recent times, and the quarry

operations on the site and other nearby sites to date. The proposed development

is not expected to result in any significant adverse impacts on the existing

amenity in the surrounding area and will incorporate all mitigation measures

proposed in the Site Based Management Plan for each extraction area.‟

The existing pit area is currently buffered from the Old Bruce Highway

frontage by the existing topography and vegetation. As sufficient detail and

justification for Extraction Areas 2 and 3 has not been provided and therefore

these areas are not supported, the existing vegetation is considered adequate

to screen the use from surrounding viewpoints. Should the applicant wish to

seek further approval for additional extraction pits across the site, information

in the form of a visual impact assessment would be required.

Rehabilitation

Should the application be approved a detailed remediation/rehabilitation plan

should be required to be prepared and submitted to Council providing details

on progressive rehabilitation methods to be used.

2.3.5 Infrastructure Charges

Council‘s adopted infrastructure charges resolution dated 23 November 2017

does not specify a charge for extractive industry and the maximum charge is

the charge that the local government decides should apply for the use at the

time of assessment.

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The subject site is not connected to the reticulated water or sewerage network

and as such no charge would be payable towards this infrastructure. An

infrastructure charge for transport may be appropriate should the

development be favourably considered. It is noted that no charge was levied

for the quarries located in Curra and Scotchy Pocket or the more recently

approved Corbet quarry.

2.3.6 Public Notification

The Development Application was publicly advertised from 25 October 2017

to 15 November 2017. In response to the notification, a total of 8 submissions

were received, including one petition with 53 signatures. A copy of each

submission received is available to download for Councillors‘ information via

iAnnotate.

The key issues raised in submissions include:

Environmental concerns.

Noise impacts from the use and associated trucks.

Dust

Visual amenity impacts.

Hours of operation.

No demonstrated need.

The applicant has provided a response to the matters raised in the

submissions and clarifies that there was an error in the application material for

operating hours. The intended operating hours are 7am to 6pm Monday to

Friday, excluding public holidays.

3. BUDGET IMPLICATIONS

There are no budget implications.

4. POLICY IMPLICATIONS

There are no policy implications.

5. CONSULTATION

Internal

The application was forwarded to the following internal Council specialists and

their assessment forms part of this report:

Design Services Division

Environmental Health

Environmental Planning

External

Department of Infrastructure, Local Government and Planning (DILGP)

This application triggered referral due to the site fronting a state-controlled

road.

This Department provided a concurrence agency response on 21 December

2017 and included conditions relating to:

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Roadworks comprising a channelised right turn treatment (short)

(CHR(s)) to be provided at the intersection of Old Bruce Highway and

Old Traveston Road without using the overtaking lanes;

Stormwater management to ensure no worsening to the Bruce

Highway;

Removal of existing access to Lot 1185;

Restrictions on the existing access to Lot 26 (Traveston Homestead)

that the use is for a rural use to a dwelling and outbuildings and is not

to be used for the extractive industry use.

6. CONCLUSION

The application proposes an extractive industry at Old Bruce Highway and Old

Traveston Road, Traveston.

The amount of material proposed to be processed per year is up to 100,000

tonnes.

There is evidence that the previous extraction activities on site were lawful

although only up to a maximum threshold of 5,000 tonnes. The application

has been submitted to increase this threshold up to 100,000 tonnes per

annum and seeks to change the access arrangements by removing the

existing access to Lot 1185 and utilising a new access point and haul route

through three other lots. No extraction activities are proposed on the other

lots.

The site is included in the Industry Investigation Zone. There is evidence of a

lawful small scale extractive use operating on the site prior to the

establishment of planning controls. The lawful nature of the use, albeit at a

small scale, already compromises any good quality agricultural land and the

proposed expansion to the pit proposed by Area 1 is not considered to

significantly further fragment or compromise the land. The other lots that form

part of the application for the haul road are still able to be used for rural

purposes.

Limited information has been provided on the extent of proposed extraction

areas outside of the existing pit. The expansion of the pit area (Area 1) is

supported, however insufficient detail has been provided to enable Council to

determine the potential impacts of the use of Areas 2 and 3 upon the

surrounding area. As such the use of Areas 2 and 3 is and not supported.

The application is recommended for approval in part subject to conditions.

Extraction Areas 2 and 3 are not recommended for approval.

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M03/03/18 Moved Cr MS Gear Seconded Cr HT Smerdon

That the matter lay on the table.

Carried

FOR: Cr MW Curran, Cr MA McDonald, Cr WR Leitch, Cr DW Dodt, Cr MS Gear,

Cr GC Hartwig, Cr HT Smerdon and Cr DH Stewart

AGAINST: Nil

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5.3 Material Change of Use - Extractive Industry (Extracting and

Screening Materials up to 5,000 tonne per annum) over 132

Riversdale Road Kandanga

PORTFOLIO: Planning and Development

DIRECTORATE: Planning and Development

DOC ID: 2017-0365

LINKS TO CORPORATE/OPERATIONAL PLAN

STRATEGIC THEMES:

3. Our Economy – dynamic, productive and resilient

1. BACKGROUND AND PREVIOUS COUNCIL CONSIDERATION

This application was previously reported to Council‘s Ordinary Meeting on

13 December 2017 where it was resolved via Minute M08/12/17 to hold the

application pending submission of an identification survey determining the

existing level of the pit and the extent of the existing extraction areas.

A response was received from the applicant‘s consultant on 15 March 2018

advising as follows:

„The applicant considers that if Council deems such a survey necessary to

establish quantities and extraction boundaries then the development permit can

be conditioned accordingly as is relevant to each stage. The applicant does not

consider that it is necessary to provide Council with such information during the

application process in order to obtain an approval.‟

Taking into account the applicant‘s response it is considered reasonable to

accept that the matters of concern to Council which lead to the deferral of the

report when initially presented can be appropriately dealt with by way of

conditions of approval. An updated report is therefore provided for Council‘s

consideration including a recommended condition requiring the submission of

an amended proposal plan showing the existing surveyed quarry pit along

with the proposed pit extents following incorporation of necessary benching

to remediate the pit walls to a more appropriate gradient.

2. REPORT

FILE NO: 2017-0365

APPLICANT: Ashley Trompf C/- Martoo Consulting

RPD: Lot 1 RP100526

SITE ADDRESS: 132 Riversdale Road Kandanga

CURRENT USE: Rural Activities.

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PROPOSAL: Extractive Industry (Extracting up to 5,000 tonne per

annum)

EXISTING ZONE: Rural

SUBMISSIONS: 21 (all objections)

Executive Summary

The application seeks approval for an extractive industry within the Rural

Zone on a site at Riversdale Road Kandanga.

The site is entirely mapped as good quality agricultural land class A on

Council‘s overlay mapping and identified as an ‗important agricultural

area‘ on State mapping.

The site was subject to a previous extractive industry approval for up to

100,000 tonnes of material per annum, however this use was abandoned

after operating for a number of years without complying with all

conditions of the approval, which included roadwork improvements to

Riversdale Road and its intersection with Mary Valley Road.

The current proposal seeks to remove existing stockpiled material and

overburden left from the previous operation, along with additional

material that has been washed onto the property from the Mary River

during flood events.

The extractive industry is proposed to be undertaken progressively in four

(4) stages with Areas 2A and 2B to be remediated once the overburden is

removed and returned to pasture land.

The current standard of Riversdale Road and the intersection of Mary

Valley Road are raised as a significant concern from an engineering

perspective, taking into account the nature of the traffic proposed.

No referral agencies are applicable due to the threshold of the proposal

i.e. up to 5,000 tonnes per annum. Referral to the Department of

Environment and Heritage Protection (DEHP) is only triggered where the

threshold is 5,000 tonnes and above.

The application was advertised for public comment with 21 submissions

received.

The key issues raised by submitters include traffic safety, noise, amenity

and environmental impacts.

2.1 INTRODUCTION

2.1.1 Site History

The site was subject to an extractive industry approval given in December

2008 to extract and screen up to 100,000 tonnes of material per annum. As the

threshold of this former approval was over 5,000 tonnes it also involved two

environmentally relevant activities: ERA # 20 extracting rock or other material

and ERA #22 screening of materials.

Conditions were imposed on this approval which included upgrading to

Riversdale Road and the intersection with Mary Valley Road. The activity

commenced prior to the development complying with conditions of approval,

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including the necessary works to upgrade the Mary Valley Road/Riversdale

Road intersection. Council‘s Compliance Unit was involved in action to achieve

compliance with outstanding conditions. However, when the required works

were not carried out by the then operator, the activity was abandoned. It was

acknowledged that any new activity on the site would require a new approval.

2.1.2 The Proposal

The development seeks approval for an extractive industry to extract and

screen sand and river rock at a rate of up to 5,000 tonnes per annum.

The site was previously approved for extractive industry at a rate of up to

100,000 tonnes per annum, however this use was abandoned prior to

satisfying all conditions of the approval and therefore any new proposal

requires a fresh development application to be considered.

The application seeks approval to remediate parts of the site previously used

in the quarry operation to return to pasture and enable cattle grazing. The

areas proposed to be remediated following the removal of overburden and

stockpiles are Areas 2A and 2B.

Areas 2A and 2B (stockpiles and overburden are to be removed and land

remediated to pasture land).

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The proposal also seeks to remove material from the existing pit, although the

applicant has advised that the pit will not be excavated below the existing

ground level, rather the remaining material cleaned out. The pit is proposed to

be fenced off and only used to extract any additional material washed in

following flood events.

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Area 1 (existing pit)

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Area 3 (area adjoining the pit)

The application also seeks an approval for the continual removal of any future

sand deposited on the site during flood events. The amount of this material is

unable to be estimated, and the lifetime of the quarry is unable to be

quantified by the applicant. There has been some question regarding the

material being deposited on the site during flood events and where on the site

this would occur. The applicant indicates that Areas 1 and 3 will be the main

areas where additional material would be deposited and seeks approval to

continually remove this as required.

Proposal Plan

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The proposal involves three extraction areas as detailed on the latest proposal

plan:

Extraction Area 1 – the objective is to remove the fine sand which has been

washed into the existing quarry pit from the Mary River since the former

quarry ceased operation. This stage will effectively clean out the pit. No

excavation or digging below the existing ground level of the pit is proposed at

this stage.

This area is deposited with material during flood events and the application is

seeking approval to continually extract this material as required, up to the

5,000t per year limit.

It is estimated by the applicant that there is approximately 50,000 tonnes of

material within the existing pit.

Extraction Area 2 (parts A and B) – it is proposed to remove the existing

stockpiled overburden remaining from the previous quarrying on site. This will

require the topsoil to be removed but kept on site for re-spreading, and the

river rock/sand to be taken off site. Once the existing stockpiles of overburden

are removed, these two areas will be reinstated as pasture land and further

quarrying will not occur in these locations.

The application estimates that these two areas contain a total of 15,000 tonne

of material and therefore the estimated timeframe to remove and remediate

these areas is three (3) years given the application has been made to extract

up to 5,000 tonne per year.

Extraction Area 3 – the objective is to remove the topsoil and sand from the

river flats, with the topsoil retained on site for re-spreading. The sand will be

taken off site. Once the existing deposits of material are exhausted the area

will be reinstated to pasture land, although the application also seeks approval

to remove any further material that may be deposited in this area during flood

events.

It is estimated that there is approximately 30,000 tonnes of material within this

area.

The applicant has provided the following explanation of the proposal:

„The proposed extractive industry is essentially a land management strategy for

the applicant because previous quarry operations were abandoned without

rehabilitating the quarry area therefore this area is presently unsuitable for use

for farming purposes in its present condition and requires remediation.

Furthermore, because the material is continuing to be deposited onto the site it

requires removal from the site in order to keep the material at manageable

levels and so as not to compromise the current farming practices on the

remainder of the site. Ultimately, the applicant intends for the worked areas,

where possible, to be returned to pasture lands so that the whole site can be

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used as farming land, and subsequent material deposited on the site thereafter

can be removed as required in order to maintain the pasture land. However, the

quarry pit is too deep to be returned to suitable pasture land and will be fenced

off, and subsequent material deposited into the pit thereafter will be removed as

required.‟

2.2 SITE DESCRIPTION

2.2.1 Subject Site

The site is located at the end of Riversdale Road Kandanga approximately

1.3km from its intersection with Mary Valley Road. The site area is

approximately 116 hectares and is bordered by the Mary River on the east,

west and southern boundaries.

A dwelling and associated outbuildings are located on the site. The application

material indicates that the existing cattle farm will continue to operate on the

remainder of the site beyond the existing fenced quarry area.

The site is predominantly cleared of vegetation and as indicated below areas

associated with the former extraction operation are visible on site including

wash pits, fencing, quarry pit, access tracks and overburden areas.

Figure 1: Subject site (Intramaps 2014 aerial imagery)

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Figure 2: Subject site recent aerial image. Source: Google Maps

Figure 3: Topography (Intramaps). Note: contour data does not necessarily reflect

current levels on the ground following the previous excavation that occurred on site.

2.2.2 Surrounding Land Uses

The site is located within the Rural Zone and the surrounding land uses are

predominately of a rural nature and character with the exception of another

extractive industry located to the east of the site on the opposite side of the

Mary River.

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Figure 4: Subject site and surrounds.

2.3 ASSESSMENT

2.3.1 Framework for Assessment

Instruments for Statutory Assessment

Under the Sustainable Planning Act 2009 the application must be assessed

against each of the following statutory planning instruments to the extent they

are relevant to the development:

State Planning Policy (SPP);

the Planning Scheme for the local government area.

Under the SPP, the site is designated as having the following values:

Biodiversity – regulated vegetation;

Water Quality – water supply buffer area and water resource

catchments; and

Natural Hazards Risk and Resilience – local government flood mapping

area and bushfire prone area; and

Agriculture – Important Agricultural Area and Agricultural Land

Classification A and B.

Energy and Water Supply – Pipelines and channels (Seqwater)

The current SPP introduces an agricultural interest and maps this site within an

‗important agricultural area‘ and predominantly agricultural land classification

– class A and B.

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Figure 5 - SPP Agriculture Designation (other designations apply)

It noted that the subject land is not designated as Key Resource Area (KRA)

under the SPP.

2.3.3 Gympie Regional Council Planning Scheme 2013

The Development Application was lodged for assessment under the Gympie

Regional Council Planning Scheme 2013 (Planning Scheme) and is subject to

impact assessment. Consequently, the application is to be assessed against the

entire Planning Scheme.

Under Part 1.5 Hierarchy of assessment benchmarks, it is stated:

(1) Where there is inconsistency between provisions within the Planning

Scheme, the following rules apply:

a. the strategic framework prevails over all other components to the

extent of the inconsistency for impact assessment;

b. relevant codes as specified in schedules 6 and 10 of the Regulation

prevail over all other components to the extent of the inconsistency;

c. overlays prevail over all other components (other than mentioned in

(a) and (b)) to the extent of the inconsistency;

d. zone codes prevail over use codes and other development codes to

the extent of the inconsistency

Strategic Framework

Under the Strategic Framework a number of provisions are considered

relevant to the development including, but in particular Part 3.4, Rural Futures,

wherein the context states:

The role of the Planning Scheme in rural futures is to preserve productive

agricultural land, provide opportunities for a wide variety of rural pursuits, food

production and innovative rural businesses and facilitate, where appropriate,

suitable non-rural activities, including extractive activities. Rural areas can

provide suitable locations for non-rural activities that hold significant benefits to

a local or wider community, but where circumstances or characteristics are such

that they are not suited to conventional urban areas.

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Part 3.4.1 Strategic outcomes, states:

(1) The capacity of productive rural lands to contribute to the Region‟s economy

and community health is protected from incompatible land uses, enhancing

the interdependence of urban and rural communities.

(2) The rural production base of the Region is broadened to accommodate the

widest diversity of productive land uses as is practicable.

(3) Rural areas recognise that different localities within the Region have the

capacity to support varying intensities of the same rural activities.

(4) Non-rural activities that are ancillary or subsidiary to principal rural land

uses are encouraged to widen the economic base for rural production

provided that rural production in surrounding areas is not alienated.

(5) Extractive resources in rural areas are protected for effective and sustainable

exploitation consistent with demonstrated community need.

Under Table 3.2 Theme components – Rural futures, several elements and

specific outcomes are provided, the most relevant being:

3.4.2 Elements 3.4.3 Specific Outcomes

(5) Extractive resources – the value of

extractive resources identified on the

Strategic Plan Map is realised with an

acceptable level of impact on the

environment and lifestyle quality

(a) The impacts of incompatible

development on the ability to exploit

known extractive resources are

prevented;

(b) Non-rural land uses that are

incompatible with extractive industry

do not establish in rural areas or

provide sufficient on-site buffering to

eliminate any impacts;

(c) Exploitation of extractive deposits are

managed such that adverse

environmental and amenity impacts

are maintained at an acceptable

level;

(d) Extractive industry operations,

including haul routes, should avoid

significant adverse effects on the

natural features, safety and amenity

of the locality.

(e) Extractive industry operations

contain any significant adverse

impacts within the site and screening

of activities is provided to protect the

landscape character of rural areas.

Extractive industries are generally located in rural areas, with particular

locations being specifically designated for such as purpose under the Planning

Scheme.

Under the strategic outcomes it is stated that extractive resources in rural

areas are to be protected for effective and sustainable exploitation consistent

with demonstrated community need. The intention of this provision is to

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protect the extractive resources identified on the Strategic Plan Map, which is

not the case here.

Zoning

The purpose of the Rural Zone is to:

a) provide for a wide range of rural uses including cropping, intensive

horticulture, intensive animal industries, animal husbandry, animal keeping

and other primary production activities;

b) provide opportunities for non-rural uses that are compatible with

agriculture, the environment, and the landscape character of the rural area

where they do not compromise the long-term use of the land for rural

purposes; and

c) protect or manage significant natural features, resources, and processes,

including the capacity for primary production.

Further, ―…the local government purpose of the code is to support the economic

viability of a broad range of existing and new agricultural and pastoral land

uses, complemented by non-rural uses that are intrinsically linked to rural

activities. Development is consistent with the rural character and amenity and

the natural values of the area. ―

The purpose is to be achieved by compliance with a number of overall

outcomes, the most relevant being:

(a) The establishment of a wide range of rural pursuits is facilitated, including

cropping, intensive horticulture, intensive animal industries, animal husbandry

and animal keeping and other compatible primary production uses.

(b) Development embraces sustainable land management practices and contributes

to the amenity and landscape of the area.

(c) The establishment of outdoor recreation and small-scale tourism facilities in

suitable locations is facilitated only where they do not compromise the use of the

land for rural activities.

(d) On farm value adding in the form of small scale agri-tourism is supported where

associated with the rural use of the site.

(e) Residential development is appropriate only where directly associated with the

rural nature of the zone.

(f) Uses that require isolation from urban areas as a consequence of their impacts

such as noise or odour may be appropriate where land use conflicts are

minimised.

(g) Areas of good quality agricultural land, strategic cropping land and land for

primary production are conserved and are not unnecessarily fragmented.

(h) Extractive industries may be established on land other than good quality

agricultural land or strategic cropping land. (emphasis added)

(i) Natural features such as creeks, gullies, waterways, wetlands and bushland are

retained, managed, enhanced and separated from adjacent development where

possible.

The site is not included in an Extractive Industry Zone or recognised as a ―key

resource area‖. Extractive activities are generally located within a rural area

however where extractive activities are proposed outside of a recognised

resource area it must be demonstrated that there is a need for the resource

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and that any significant adverse impacts on the environment and adjacent

land will be avoided.

Figure 6: Gympie Regional Council Planning Scheme 2013 Zoning

In this instance the applicant has not demonstrated a need for the resource.

The grounds submitted by the applicant predominantly relate to the existing

quarry area that was not remediated following the abandonment of the

former quarry operation and the intent to remediate the area to enable the

long term use of the land for its intended purpose of farming/agricultural

land.

Remediation of the site to allow for intended rural uses to occur is considered

to be appropriate. This removal of material and subsequent revegetation

would need to be undertaken in accordance with environmental conditions to

ensure there are no adverse impacts on the Mary River.

The site is entirely mapped as good quality agricultural land (class A). The

previous extractive activity has left the site in a state that is unable to be used

for the intended purpose of agriculture. The applicant intends to remediate

the site to return parts of the land back to grazing land and it is considered

that this is appropriate subject to ensuring that appropriate measures are in

place to protect the Mary River.

Conditions should also be imposed to manage any adverse impacts on the

surrounding area such as traffic safety, noise and operating hours.

2.3.4 Key Planning Considerations

Traffic and Road Safety

The proposed development will gain access via Mary Valley Road and

Riversdale Road.

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Mary Valley Road is a State controlled road that provides access to townships

along the Mary Valley. The posted speed limit on Mary Valley Road is

100km/hr and the observed operating speed is approximately 100km/hr. At

this location the Mary Valley Road carries approximately 800 vehicles per day

with a high percentage (17%) of heavy commercial vehicles.

The Mary Valley Road at the intersection with Riversdale Road has a 6.0 metre

wide seal on a 9.0 metre wide formation. There are horizontal curves either

side of the intersection and a crest vertical curve of approximate radius 2,800

metres. This is significantly sub-standard for the operating speed of the road

and restricts sight distance to less than the required safe intersection sight

distance.

It is stated in the applicant‘s Proposal Report in relation to any intersection

upgrade that:

“… upgrading works are not considered to be reasonable or relevant to the

proposed development.”

The applicant has not substantiated this statement with an engineering report

addressing intersection safety or design, and Council officers have serious

concerns about the safety of the intersection should the development be

approved without an intersection upgrade.

An extraction rate of 5,000 tonnes per annum using a 30 tonne truck and dog

results in one load every 2.2 days. The Development Application material

estimates that there could be as many as 4 loads per day in peak extraction

times equating to 8 truck and dog trips per day. Quarry staff will generate 4

trips per day giving a total trip generation of 8 truck and dogs and 4 staff trips.

Riversdale Road services 6 farms with an estimated traffic generation of 60 to

80 vehicle trips per day composed of private vehicles, farm trucks and delivery

vehicles.

The proposed development is accessed via Riversdale Road approximately 1.3

km from the intersection with Mary Valley Road. Riversdale Road has a sealed

width of approximately 5.5 metres at the western end and tapers to

approximately 4.0 metres at the eastern end on a 7.0 metre formation.

Riversdale Road ends in a turnaround area at the development frontage. The

road has several curves and a crest and is not wide enough for local traffic and

quarry trucks to share the road without one or both vehicles using the

shoulder.

There is no recognised standard which describes the maximum volume or

types of traffic which can safely be carried on a narrow sealed road. However,

there is no doubt that widening would reduce road maintenance needs and

address potential safety problems and complaints arising due to an increase in

traffic, particularly trucks, associated with the development.

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It is noted that low production quarries have been approved by Council on

gravel roads. However, quarry traffic on the existing narrow bitumen seal on

Riversdale Road would create additional safety and maintenance concerns

compared to a gravel road.

Council engineers have serious concerns about the safety of quarry truck

movements at this intersection. There is also a history of complaints about the

safety of trucks turning at the intersection when the quarry previously

operated.

A number of options have been considered for this application as follows:

(a) Upgrade the intersection to meet Austroads requirements;

(b) Install warning lights on the approaches to the intersection on Mary

Valley Road which are activated by trucks approaching the intersection

from Riversdale Road;

(c) Ban right turns into or out of the intersection;

(d) Require the applicant to use traffic control (either stop/go or trailer-

mounted traffic signals) at the intersection to stop oncoming traffic and

allow trucks to turn safely.

Option (a) would have an estimated cost of greater than $0.5M and may be

considered an unreasonable imposition on a small scale quarry. To improve

sight distance, the works would need to either regrade the Mary Valley Road

to ease the crest, or relocate the intersection.

Option (b) is problematic. The initial cost may be in the order of $50,000

although there would be ongoing maintenance requirements for the

applicant. TMR approval would be required as the intersection is state-

controlled and the effectiveness of this option is untested.

Option (c) would remove the hazard associated with trucks turning right to or

from the main road. However, those turning left from Riversdale Rd also suffer

limited visibility so there would remain a risk of trucks pulling out in front of

high speed south-bound traffic.

Option (d) would impose significant cost on each truck trip and would require

TMR approval. It would however, mitigate the safety hazard associated with

the turning trucks.

Riversdale Road

The quarry is located at the end of Riversdale Road, approximately 1.3km from

the Mary Valley Road. Riversdale Road has a sealed width of approximately

5.5m at the western (Mary Valley Road) end, reducing to 4.0m at the quarry

entrance.

The road has several tight horizontal curves and crests and steep vertical

grades of up to approximately 16%. Due to the road alignment on the western

half of the road, sight distances for vehicles approaching each other is

restricted. There is insufficient width for a vehicle to pass an on-coming truck

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without leaving the bitumen. For these reasons, it is considered that the

additional truck traffic on the road from the proposed quarry would materially

increase the risk of a crash on the road and this risk would need to be

mitigated.

Options considered by council engineers include:

(a) widen Riversdale Road to two lanes;

(b) require a pilot vehicle for each truck trip on Riversdale Rd.

Option (a) would cost between $0.75M and $1.0M.

While less costly, option (b) would impose a significant cost on each truck trip.

It would however, give adequate warning to oncoming motorists and manage

the safety hazard.

Environment

The site is bordered by the Mary River on the north, east and southern

boundaries. There is some concern about the proximity of extraction areas to

the River. It is reasonable to establish an adequate separation from the River,

although this may restrict the use of some extraction areas, particularly area

2B.

Figure 7: Marked up proposal plan showing extent of existing quarry pit that may be

appropriate to extend to accommodate benching and remediation of the pit.

This area contains existing overburden stockpiles and the application seeks to

remove these and remediate the land back to pasture land. There would need

to be environmental management plans in place to ensure any material

removed from these areas does not impact on the River, and further to ensure

appropriate remediation of this area is undertaken following removal of the

overburden.

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There may also be impacts associated with erosion and sediment control and

impacts on water quality that would need to be addressed. There may be

scope for these matters to be addressed through the preparation and

implementation of specific water quality and erosion and sediment control

management plans.

A comprehensive Stormwater Management Plan would be required prior to

works commencing.

Area 2B (closest to the Mary River) is to be reduced in size westward and

mature Eucalypt trees avoided. There are several erosion gullies evident along

the high bank of the Mary River and it is recommended that a 3 year

revegetation program be required that excludes cattle from this area for this

period until the trees are established and able to assist with bank stability.

Flooding

Queensland Reconstruction Authority (QRA) Q100 mapping exists over the

portions of the site fronting the Mary River. Council has not conducted its own

flood study to establish more accurate flood levels in this location so the

default is to use the State supplied QRA mapping.

All extraction areas are outside the QRA flood mapping, however this mapping

is indicative only and it is likely that at least part of the extraction area would

be inundated in a 100 year flood.

Noise

The application states that proposed plant and machinery to be used includes:

One excavator;

One tip truck;

One loader;

One truck & dog trailer; and

One screener.

There will be no mobile rock crushers, jack hammers or air compressors used

on site.

The operating hours are proposed to be 6am to 5pm Monday to Saturday and

8am to 12pm on Sundays.

Noise emissions would need to comply with the noise limits as required by the

Environmental Protection Regulation. The necessity of extraction needing to

occur on Sundays is questionable. It is considered appropriate to condition

any approval to prohibit operations on Sundays or public holidays.

Potential noise impacts from the operation and associated truck movements

have been raised as a concern from the submitters. The threshold does not

trigger any environmental approvals to be obtained from the State and as

such Council is the authority to consider noise impacts from the use.

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Rehabilitation

The applicant advises that the pit is unable to be rehabilitated and it is

intended that the pit be fenced off once the existing material is removed. This

is not accepted and rehabilitation should be undertaken to gradually

remediate the site.

An environmental management plan and detailed remediation/rehabilitation

plan should be required to be prepared and submitted to Council.

2.3.5 Infrastructure Charges

Council‘s adopted infrastructure charges resolution dated 23 November 2017

does not specify a charge for extractive industry and the maximum charge is

the charge that the local government decides should apply for the use at the

time of assessment.

The subject site is not connected to the reticulated water or sewerage network

and as such no charge would be payable towards this infrastructure. An

infrastructure charge for transport may be appropriate should the

development be favourably considered. It is noted that no charge was levied

for the quarries located in Curra and Scotchy Pocket, however these sites have

direct access to the Bruce Highway.

2.3.6 Public Notification

The Development Application was publicly advertised from 11 May to 5 June

2017. In response to the notification, a total of 21 submissions were received,

including one petition with 47 signatures. This petition was reported to an

Ordinary Meeting of Council held on 31 May 2017. A copy of each submission

received is available to download for Councillors‘ information via iAnnotate.

The key issues raised in submissions include:

Environmental concerns for the Mary River, including impacts on

species, and impacts from instability and erosion.

Noise impacts from the use and associated trucks.

Visual amenity impacts.

Safety risks with trucks on Riversdale Road and Mary Valley Road.

Hours of operation.

No demonstrated need.

The site being good quality agricultural land.

Lack of suitable buffer areas.

Enforcement of any development conditions.

3. BUDGET IMPLICATIONS

There are no budget implications.

4. POLICY IMPLICATIONS

There are no policy implications.

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5. CONSULTATION

Internal

The application was forwarded to the following internal Council specialists and

their assessment forms part of this report:

• Design Services Division

• Environmental Health

• Environmental Planning

External

Nil

6. CONCLUSION

The application proposes an extractive industry at 132 Riversdale Road

Kandanga.

The amount of material proposed to be processed per year is up to 5,000

tonnes.

The application material submitted states that the proposed use is to partially

remediate areas of the site where the former extraction use occurred to allow

cattle grazing over more of the site and to allow on-going management of

any additional sand/rock materials deposited onto the site from the river.

The existing quarry pit area is to remain after all other areas are remediated

and this area is proposed to be fenced off. Some remediation works i.e.

benching/shaping slopes are considered to be required to gradually remediate

the pit to achieve slopes of no more than 1 in 5.

The proposed remediation of parts of the site to return to grazing land is

considered to be appropriate, although it needs to be ensured that

consideration is given to the environment as these areas are within close

proximity to the Mary River. In this regard one of the proposed extraction

areas is recommended to be setback further from the Mary River to avoid

adverse impacts.

The current standard of Riversdale Road is not considered suitable for heavy

vehicle traffic and although it is acknowledged that the proposed scale is less

than originally approved over this site the standard of Riversdale Road and the

intersection of Mary Valley Road remain a significant concern from an

engineering perspective taking into account the nature of the traffic proposed.

As outlined in the report it is considered that the additional truck traffic on

Riversdale Road from the proposed quarry would materially increase the risk

of a crash on the road and this risk should be mitigated by way of the

imposition of appropriate conditions.

The application is recommended for approval subject to conditions.

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M04/03/18 Moved Cr Dodt Seconded Cr Stewart

That Council as Assessment Manager APPROVES Development

Application for Material Change of Use - Extractive Industry (Extracting

and Screening up to 5000 tonne per annum) at 132 Riversdale Road

Kandanga subject to the following conditions and that the timing of the

conditions be incorporated in the approval:

General Conditions

1. The use shall not commence until the following development

permits have been obtained and are complied with:

a) Development Permit for Operational Work (roadworks

and associated drainage works, Intersection upgrade works).

2. All necessary permits from the Department of Transport and Main

Roads are to be obtained for the purpose of any proposed

intersection treatment at the intersection of Mary Valley Road and

Riversdale Road.

3. Monthly records to substantiate that the quantity of material

removed from the site does not exceed 5,000 tonnes per year must

be submitted to Council on an annual basis from commencement of

the use.

Approved Plans

4. (i) The development shall be generally in accordance with Plan

No. D-02162-01-A drawn by Martoo Consulting and dated

16/10/2017 except for the following amendments:

(a) The existing pit extent is to be surveyed and shown on

the amended plan.

(b) The proposed extent of the pit within Extraction Area 1

is to be shown on the plan incorporating proposed

additional areas to allow for rehabilitation of the

working faces of pit to slopes of not more than 1 in 5.

(ii) Prior to lodging a development application for Operational

Work amended development plans showing the above

modifications shall be submitted to Council for consideration

and approval. The approved plans, once endorsed by Council,

shall become part of this Development Permit.

Hours of Operation

5. The hours of operation shall be as follows:

• 6am to 5pm – Monday to Saturday;

• No operation is permitted on Sunday or Public Holidays.

Car parking

6. Car parking, and access areas shall be constructed with a dust

reduced pavement and designed, drained, constructed and

maintained in accordance with Planning Scheme Policy 1.

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Stormwater Drainage

7. A stormwater management plan is to be prepared and submitted to

Council for approval.

8. Stormwater drainage works on site shall be designed and certified

by a RPEQ. All storm water collected is to be disposed of onsite so as

not to cause environmental harm or damage to adjoining properties

and the Mary River.

Environmental Management Plan (EMP)

9. The operation of the quarry is to be undertaken in accordance with

an approved EMP. The EMP must be prepared by a suitably qualified

professional and submitted to Council for approval.

Noise

10. Noise from the activity to which this approval relates shall not cause

or be likely to cause an environmental nuisance at any nuisance

sensitive place.

For the purposes of this Condition, noise from the activity will not

cause environmental nuisance where noise from the activity on the

development site does not exceed the levels specified in Table 1 –

Noise limits.

Table 1 – Noise limits

Noise

level

measured

in dB(A)

Monday to Friday Saturday Sunday

and Public

Holidays

7.00am -

5pm

5pm –

7.00am

8am –

12pm

12pm –

8am

At all

times

Noise measured at the nearest nuisance sensitive place

LAeq adj, 1 hr

Background

+5

Nil audible

noise

Background

+5

Nil audible

noise

Nil audible

noise

Noise measured at a commercial place

LAeq adj, 1 hr Background

+10

Nil audible

noise

Background

+10

Nil audible

noise

Nil audible

noise

Associated Requirements

1. The location, date and time of monitoring must be recorded.

2. All monitoring devices must be correctly calibrated and maintained.

3. Any monitoring must be in accordance with the most recent version of the

Department of Environment and Heritage Protection‘s Noise Measurement Manual.

4. Monitoring must be performed by a suitably qualified person(s).

5. Background means noise, measured in the absence of the noise under investigation,

as LA90,T being the A-weighted sound pressure level exceeded for 90% of the time

period of not less than 15 minutes, using Fast response.

6. Any monitoring of noise emissions from the activity must be undertaken when the

activity is in operation.

nuisance sensitive place includes -

- dwellings such as houses, units, motels, resort accommodation, nursing homes,

caravans and mobile homes (provided they are principally used as residences),

and including the curtilage of any such places;

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- a surgery or other medical institution;

- library, childcare centres, kindergartens, schools or other educational

institutions;

- a park or garden that is open to the public;

- a protected area, or an area identified under a conservation plan as a critical

habitat or area or major interest, under the Nature Conservation Act 1992;

- a Marine Park under the Marine Parks Act 1992.

commercial place means a place used as a workplace, an office or for business

or commercial purposes and includes a place within the curtilage of such a place

reasonably used by persons at that place.

LAeq adj, T means the A-weighted equivalent continuous sound pressure level

measures on fast response, adjusted for tonality and impulsiveness, during the

time period T, where T is measured for a period no less than 15 minutes when

the activity is causing a steady state noise, and no shorter than one hour when

the approved activity is causing an intermittent noise.

Background means noise, measured in the absence of the noise under

investigation, as L A90,T being the A-weighted sound pressure level exceeded for

90% of the timer period of not less than 15 minutes, using Fast response.

time-weighting ‘F’ means a fast standardised response time.

A-weighted sound pressure level means a measure of sound adjusted to the ‗A‘

frequency weighting network.

‘A’ frequency weighting network means the frequency weighting described

under AS IEC 61672.1—2004 (Electroacoustics—Sound level meters, Part 1—

Specifications) for frequency weighting ‗A‘.

Suitably qualified person means a person or persons who has professional

qualification, training, skills and experience relevant to the activities undertaken

and can give authoritative assessment, advice and analysis in relation to the

activity requirement using the relevant protocols, standards, methods or

literature.

Utility Mains and Services

11. The applicant shall undertake at no cost to Council, the alteration of

any public utility mains (eg. Electricity, water, sewerage, gas etc.) or

other facilities necessitated by the development of the land or

associated construction works external to the site. For all utility

mains affected by works, „As constructed‟ plans shall be prepared by

a suitably qualified person and located by a licensed surveyor and

provided to Council upon completion of the work.

Erosion and Sediment Control

12. Erosion and sediment control measures are to be designed and

provided in accordance with the International Erosion Control

Association (Australasia) 2008‟s “Best Practice Erosion and Sediment

Control for Building and Construction Sites”. The design shall be

submitted to Council for approval with a subsequent Development

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Application for operational work.

Landscaping/Remediation

13. A detailed remediation plan for all extraction areas is to be prepared

and submitted to Council for approval. The plan specifically must

include but is not limited to:

• Gradual remediation of the pit (area 1) by benching or shaping

slopes to achieve a grade of not more than 1 on 5.

• Detailed remediation of areas 2A and 2B given no further

extraction is permitted once all existing stockpiled material is

removed.

• Consideration must be given to avoiding undertaking

earthworks on the main pit area during the main breeding

season for mud and cliff-nesting birds (September to

December).

• Exposed works must be seeded with rye/millet to prevent soil

loss and erosion if not actively used for more than four weeks.

14. Remediation works as outlined in an approved remediation plan are

to be carried out and maintained.

15. Any landscaping and planting associated with the rehabilitation of

the land undertaken in accordance with the EMP shall be maintained

(watering, fertilising, mulching, weeding, and the like) at all times.

Roadworks / Traffic

16. Traffic control is to be in place at the intersection of Mary Valley

Road and Riversdale Road when quarry trucks are entering or

leaving Riversdale Road. The control shall be in accordance with the

Manual of Uniform Traffic Control Devices and approved by the

Department of Transport and Main Roads and Gympie Regional

Council.

17. A pilot vehicle operated by an accredited pilot vehicle driver is to

escort each quarry truck on Riversdale Road (in either direction) to

warn oncoming road users of the presence of the truck.

Extraction Areas

18. Extraction area 1 is confined to the area indicated on the marked up

plan attached. The rationalisation of this area is permitted to allow

for gradual rehabilitation of the working faces of the pit to slopes of

not more than 1 in 5.

No extraction or digging below the existing ground level of the pit is

permitted.

19. Final finished site levels for Extraction Areas are to be as below, or

the original natural ground level:

• 70m AHD for Extraction Areas 2A and 2B

• 65m AHD for Extraction Area 3.

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20. No extraction is permitted on the eastern side of the access track

within „Extraction area 2B‟ as indicated on the attached marked up

plan.

21. The two mature Eucalypt trees within area 2B are not to be removed

and AS4970 Protection of trees on development sites is to be

implemented to avoid disturbance to the strategic root zone of the

trees.

22. A revegetation plan is to be prepared and implemented for Area 2B

that excludes cattle from the area until the trees are established and

able to assist with bank stability on the River. A copy of the

revegetation plan is to be submitted to Council.

Carried

FOR: Cr MW Curran, Cr MA McDonald, Cr WR Leitch, Cr DW Dodt, Cr MS Gear,

Cr GC Hartwig, Cr HT Smerdon and Cr DH Stewart

AGAINST: Nil

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SECTION 6: CORPORATE AND COMMUNITY SERVICES

6.1 Proposed Renewal of Freehold Lease - Lot 3 RP825886 - 3 Muller

Road, Dagun

PORTFOLIO: Social Wellbeing

DIRECTORATE: Corporate and Community Services

DOC ID:

LINKS TO CORPORATE/OPERATIONAL PLAN

STRATEGIC THEMES:

2. Our Community – active, diverse, creative and engaged

4. Our Environment – sustainable, well-managed and accessible

5. Our Organisation – accountable, responsive, efficient and innovative

1. BACKGROUND AND PREVIOUS COUNCIL CONSIDERATION

Council currently leases the freehold land described below to the Queensland

Fire & Rescue Authority now known as The State of Queensland (Represented

by Public Safety Business Agency). This lease commenced in 1998 for the

purposes of the Dagun/Kandanga Rural Fire Brigade and has expired on

28 February 2018.

2. REPORT

Property Description: Lot 3 RP825886

Location: 3 Muller Road, Dagun

Area: 595m2 (the whole of the land)

Zoning: Community Purposes

Tenure: Freehold

Current Use: Rural Fire Service Station

Locality Plan:

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The current lessee has advised Council of its ongoing requirement for this land

for the purposes of the Dagun/Kandanga Rural Fire Brigade and requests their

lease to be renewed for a further ten (10) year term, at a ‗peppercorn‘ rental.

In accordance with Chapter 6 Section 236 (1)(c)(iii) of the Local Government

Regulation 2012, Council may dispose of a valuable non-current asset other

than by tender or auction if the disposal is for the purpose of renewing the

lease of land to the existing tenant of the land.

3. BUDGET IMPLICATIONS

In accordance with current budget allocations.

4. POLICY IMPLICATIONS

Local Government Regulation 2012

5. CONSULTATION

Public Safety Business Agency, The State of Queensland

Disaster Management Coordinator

6. CONCLUSION

It is acknowledged that the Dagun/Kandanga Rural Fire Brigade provides an

essential service to the local community and therefore it is considered

appropriate to renew this Freehold Lease.

M05/03/18 Moved Cr MA McDonald Seconded Cr HT Smerdon

That Council offers a Lease to the current Lessee, over the whole of Lot 3

RP825886, located at 3 Muller Road, Dagun, in Council‟s standard

freehold lease format to include the following terms and conditions:

a) Term of Lease – 10 years;

b) Annual Rental – $100.00 + GST;

c) Use – Rural Fire Brigade Operations;

d) The Lessee to hold public liability insurance in a sum not less

than $20,000,000.00 or such other amount that Council shall

determine from time to time; and

e) All costs associated with the preparation, stamping and

registration of the Lease be borne by the Lessee.

Carried

FOR: Cr MW Curran, Cr MA McDonald, Cr WR Leitch, Cr DW Dodt, Cr MS Gear,

Cr GC Hartwig, Cr HT Smerdon and Cr DH Stewart

AGAINST: Nil

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6.2 Proposed Disposal of Vacant Land - Pinewood Avenue, Gympie

PORTFOLIO: Social Wellbeing

DIRECTORATE: Corporate and Community Services

DOC ID:

LINKS TO CORPORATE/OPERATIONAL PLAN

STRATEGIC THEMES:

3. Our Economy – dynamic, productive and resilient

1. BACKGROUND AND PREVIOUS COUNCIL CONSIDERATION

In 2013, Council approved the sale of a freehold parcel of land of 1,382m2. The

land has been on the market since that time with minimal interest.

2. REPORT

Property Description: Lot 3 RP124314

Location: Pinewood Avenue, Gympie

Area: 1,382m2

Zoning: District Centre

Tenure: Freehold

Current Use: Vacant land

At its Ordinary Meeting on 4 December 2013 Council resolved by minute

M24/12/13:

to dispose of the land situated on Pinewood Avenue, Gympie, more particularly

described as Lot 3 SP124314. Further that the matter be referred to the Chief

Executive Officer and Mayor to set the reserve amount and offer Lot 3 SP124314

for sale in accordance with the provisions of Section 228 of the Local

Government Regulation 2012.

A valuation was received from MVS Valuation Services (MVS) dated

1 September 2013, for an amount of $90,000, noting that the site is prone to

considerable flooding and is located within an industrial area.

Tenders were called in 2014 with one tender being received for $23,760

including GST from an adjoining land owner. The tender was not accepted and

the property has been listed for sale with agents since that time.

In light of poor interest, MVS revised their valuation to $50,000. A subsequent

offer of $45,000 was received from the original tendering party, which was

recommended for acceptance but negotiations fell through over the burden of

GST.

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A formal offer has now been received for an amount of $47,250 including GST

($42,954.55 plus GST) from the adjoining owner. In view of the time this

property has been listed and location within a flood prone area, officers

recommend that this offer be accepted.

3. BUDGET IMPLICATIONS

There are no budget implications.

4. POLICY IMPLICATIONS

There are no policy implications.

5. CONSULTATION

Consultation occurred in 2013 between the following parties:

Parks Manager

General Manager Water & Sewerage

Acting Manager Development & Compliance

6. CONCLUSION

Vacant land surplus to Council needs, has been extensively exposed to the

market and flood prone has failed to sell since 2014.

M06/03/18 Moved Cr GC Hartwig Seconded Cr DH Stewart

That Council accepts the offer of $42,954.55 plus GST and proceeds with

the sale to the adjoining land owner.

Carried

FOR: Cr MW Curran, Cr MA McDonald, Cr WR Leitch, Cr DW Dodt, Cr MS Gear,

Cr GC Hartwig, Cr HT Smerdon and Cr DH Stewart

AGAINST: Nil

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6.3 Proposed Acquisition of Land - Amamoor

PORTFOLIO: Social Wellbeing

DIRECTORATE: Corporate and Community Services

DOC ID:

LINKS TO CORPORATE/OPERATIONAL PLAN

STRATEGIC THEMES:

2. Our Community – active, diverse, creative and engaged

3. Our Economy – dynamic, productive and resilient

5. Our Organisation – accountable, responsive, efficient and innovative

1. BACKGROUND AND PREVIOUS COUNCIL CONSIDERATION

As part of the Our Towns Amamoor project, Council resolved by minute

M15/09/14 to adopt the Concept Master Plan and investigate the acquisition

of the subject land for short term parking and Recreational Vehicle (RV)

opportunities associated with the Mary Valley Rattler project. Discussions have

been ongoing since that time and terms for the purchase of the land now

agreed subject to Council approval.

2. REPORT

Property Description: Lot 62 RP827293

Location: Amamoor Street, Amamoor

Area: 12,070m2 (1.2ha)

Zoning: Township

Tenure: Freehold

Current Use: Vacant

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In 2014, the land owner, Queensland Rail and Council obtained valuations of

the land of $200,000 and $75,000 respectively (plus GST). Council‘s valuer,

MVS Valuers, updated their figure in 2017 to $150,000, which is the figure now

proposed to Council for acceptance.

The land is within the Queensland Reconstruction Authority (QRA) floodplain.

There is also an overhead electrical service which will need to be attended to

by way of an easement benefitting the electrical supplier.

3. BUDGET IMPLICATIONS

The proposed purchase price is $150,000 against a budget of $75,000 for this

acquisition. It is recommended that the additional amount is funded from

unallocated cash reserves.

In addition, periodic mowing/slashing costs will be required or the land

agisted whilst awaiting development as an estimated cost of $5,000 pa.

4. POLICY IMPLICATIONS

Our Towns Amamoor and Mary Valley Rattler projects

5. CONSULTATION

Queensland Rail and Energex

6. CONCLUSION

Acquisition of the subject land secures a key element for the Our Towns

Amamoor and Mary Valley Rattler projects. In addition, excess land not

required by Council can be considered for disposed on the open market.

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M07/03/18 Moved Cr MA McDonald Seconded Cr MS Gear

That Council enters into a contract with Queensland Rail to acquire Lot 62

RP827293:

a) at a figure of $150,000 + GST;

b) the additional $75,000 is funded from unallocated cash

reserves:

c) with settlement by 30 June 2018;

d) subject to satisfactory arrangements for the overhead power

line.

Carried

FOR: Cr MW Curran, Cr MA McDonald, Cr WR Leitch, Cr DW Dodt, Cr MS Gear,

Cr GC Hartwig, Cr HT Smerdon and Cr DH Stewart

AGAINST: Nil

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6.4 February Financial Report

PORTFOLIO: Governance, Finance, Disaster Management

DIRECTORATE: Corporate and Community Services

DOC ID:

LINKS TO CORPORATE/OPERATIONAL PLAN

STRATEGIC THEMES:

1. Our Infrastructure – well planned, integrated and safe

2. Our Community – active, diverse, creative and engaged

3. Our Economy – dynamic, productive and resilient

4. Our Environment – sustainable, well-managed and accessible

5. Our Organisation – accountable, responsive, efficient and innovative

1. BACKGROUND AND PREVIOUS COUNCIL CONSIDERATION

This financial report as at 28 February 2018 is provided for Council‘s

information to meet the monthly reporting obligations under the Local

Government Regulation.

2. REPORT

The financial statements provide a comparison of the actual results to

28 February 2018 against the budget adopted by the Council.

Overall the Council‘s year to date performance to 28 February 2018 is tracking

as expected.

Operational Revenue:

Council is currently on track having received $83.3m (91.1%) of its operating

income budget ($91.4m) as at 28 February 2018.

The resulting favourable variance of $1.09m to budget is primarily due to the

higher than forecast revenue streams in the Water Business Unit, which will be

adjusted in the third budget review. This favourable variance is somewhat

offset by the higher than expected take up of the 10% discount available for

2017/2018 rates, timing delays in the processing of invoices in relation to

waste management disposals and lower than forecast internal fleet hire

recoveries across Council.

Operating Expenditure:

Council operating expenditure to the 28 February is currently $58.7m (63.4%)

of the full year budget of $92.3m. The resulting $1.99m favourable variance

against the year to date budget is a combination of a number of factors

including:

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• lower than anticipated maintenance works undertaken for Transport and

Main Roads; and,

• a number of operational projects being in the initial planning or design

phases with the majority of the expenditure expected to be incurred in the

latter half of the financial year.

It is anticipated that the favourable variance will be reduced by the end of the

financial year.

Additional commentary is provided in the attached February 2018 Financial

Report.

Capital Revenue:

Year to date (YTD) capital income of $16.3m received comprises:

cash contributions from developers ($1.48m),

assets donated to council from Transport and Main Roads and

Developers of Subdivisions ($5.3m),

sale of surplus council land ($187k) and

capital grants ($9.5m).

The actual YTD Capital Revenue received is somewhat higher than the amount

that was forecast to be received as a result of the receipt of the initial payment

of funds on the approval of several new subsidy applications. It should be

noted that the receipt of capital grants is generally dependent on the timing

of associated capital expenditure. The timing of the receipt of developer

contributions is unpredictable.

Capital Project Expenditure:

The actual expenditure on capital projects including commitments to 28

February 2018 is $28.8m against the total annual capital program budget of

$50.9m. This level of expenditure was anticipated as a result of the milestones

for the Rattler Project.

A comprehensive review of the capital program has been undertaken by

Directors and Managers during February 2018 and the forecasts for capital

projects updated as part of the second quarter budget review.

Statement of Financial Position:

A Statement of Financial Position as at the 28 February compares the Council‘s

Assets, Liabilities and Community Equity position to the previous financial

year. Overall results are tracking as expected with an increase in Community

Equity of $14.1m compared to the same period for the last financial year.

Cash and Cash Equivalents Report:

The total cash on hand at the end of February 2018 was $44.2m.

Included in this balance are funds held for restricted purposes (primarily

unexpended levy and grant funds and infrastructure charges from developers).

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As at 28 February 2018, Council has a total of $39.9m invested with

Queensland Treasury Corporation and $2m of term deposits invested equally

with Auswide Bank and Bendigo Community Bank. Council also held trust

funds of $1.16m for developers, ratepayers and other parties.

The indicative interest rate on investments as at 31 January 2018 is 2.37%

which is similar to a year ago.

3. BUDGET IMPLICATIONS

There are no significant variations from the revised budget adopted by the

Council at its meeting on 28 February 2018. Finance and Risk Branch will

continue to monitor with any major changes to be identified to be considered

for inclusion in the third quarter budget review to be presented to Council at

its May meeting.

4. POLICY IMPLICATIONS

Monthly management reporting and quarterly forecasts are in line with

Council policy and the Local Government Act 2009.

5. CONSULTATION

Consultation to provide commentary regarding the financial performance to

the 28 February 2018 has been undertaken with Managers, Directors and the

Chief Executive Officer.

6. CONCLUSION

Council‘s financial statements for the period ended 28 February provide a

comparison of actual results against the amended budget adopted at the 1

November 2017 Council Meeting. Overall actual results align with the current

budget.

ATTACHMENTS

⇩ 1. February 2018 Financial Report

M08/03/18 Moved Cr DH Stewart Seconded Cr MS Gear

That Council endorses the financial report for the period ended

28 February 2018.

Carried

FOR: Cr MW Curran, Cr MA McDonald, Cr WR Leitch, Cr DW Dodt, Cr MS Gear,

Cr GC Hartwig, Cr HT Smerdon and Cr DH Stewart

AGAINST: Nil

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SECTION 7: OFFICE OF THE CEO

7.1 Report from the Audit and Risk Management Committee February

2018 Meeting

PORTFOLIO: Governance, Finance, Disaster Management

DIRECTORATE: Office of the CEO

DOC ID:

LINKS TO CORPORATE/OPERATIONAL PLAN

STRATEGIC THEMES:

5. Our Organisation – accountable, responsive, efficient and innovative

1. BACKGROUND AND PREVIOUS COUNCIL CONSIDERATION

Section 211 (1)(c) of the Local Government Regulation 2012 requires that the

Audit and Risk Management Committee (Committee) is to provide a written

report to the local government about the matters reviewed, including any

recommendations resulting from same, as soon as practicable following each

meeting held by the Committee.

The Committee held its most recent meeting on 21 February 2018.

2. REPORT

The committee welcomed the appointment of Mr Brendan Macrae as Internal

Auditor/Risk and Mr Graham Jeffrey as Coordinator Risk Management.

The following items were discussed:

1) Internal Audit Update

• The Audit Issues Register has identified high priority and high risk items,

to be managed by the Executive Team. Time lines agreed in past meetings

or past audit reports have been collated onto one register to ensure all

risk items are monitored and addressed accordingly.

• The committee has requested an update on the progress, status and

timeframe of the Procurement Audit and Asset Management Report.

Internal system for annual review of Business Improvement Opportunities

identified in past audits are removed from the Audit Issues Register, and

form part of the GRC strategic process.

2) Annual Audit Plan Review

• In an effort for a greater understanding of the Audit & Risk Committees

role and function and its importance as part of Gympie Regional Council

effective governance, the committee has requested to present an overview

at a Council Workshop. Future date to be advised.

• The committee has requested a report on

o Project Management Systems

o Three year Audit plan draft for final approval by June 2018.

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3) Chief Executive Officer (CEO) Update

• The committee noted the Policy framework update, and awaits a draft

policy to be provided next meeting.

• The committee noted the Workplace Health and Safety Report, and has

requested extra parameters to be included in the next report, with the

addition of monitoring of Subcontractors and Contractors within Council

framework of reporting. Information to be provided for the next meeting.

• The committee was pleased with the improvement of processes with

councils Complaints Management System, and the positive audit outcome

advice from Queensland Ombudsman. It is the request of the committee

that this report be presented to Councillors at a Council Workshop for

noting.

4) Finance Update

• Annual Asset Valuation approach for non-current assets report was

received by the committee and endorsed. Asset revaluations will ensure

that Council‘s assets are measured at cost or fair value and that processes

are in place to ensure that carrying amounts of assets accounted for under

a fair value model approximate fair value at financial reporting date.

• The Comparative Financial Ratio Analysis report was well received by the

committee. The committee has requested from the CFO a breakdown of

rates in arrears, and forecasting using ratios to be tabled at upcoming

meetings.

• The committee notes the CFO is reviewing policies in conjunction with the

overarching policy review that Manager Governance is undertaking and

awaits future reports and updates.

5) Risk Management Update

• The committee noted the risk management review and priorities being

conducted by the Coordinator Risk Management. The Coordinator Risk

Management is to present a report of progress at each meeting in 2018.

6) External Audit Update

• The committee noted the briefing paper from the QAO. The committee has

requested the Coordinator Risk Management review the latest QAO Fraud

Management Report for better practices and recommendations and assess

any impacts on Council. The committee has request a report from the CFO

on changes to accounting standards and the impact on Council.

3. BUDGET IMPLICATIONS

There are no budget implications.

4. POLICY IMPLICATIONS

There are no policy implications.

5. CONSULTATION

Audit and Risk Management Committee

Chief Executive Officer

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6. CONCLUSION

The Committee continues to operate effectively in its independent oversight

role to the extent prescribed within the legislation and the Committee‘s

Charter. A number of matters were considered by the Committee at its

February 2018 meeting as detailed within this report.

M09/03/18 Moved Cr MS Gear Seconded Cr MA McDonald

That the report from the Audit and Risk Management Committee on its

21 February 2018 meeting be received and noted.

Carried

FOR: Cr MW Curran, Cr MA McDonald, Cr WR Leitch, Cr DW Dodt, Cr MS Gear,

Cr GC Hartwig, Cr HT Smerdon and Cr DH Stewart

AGAINST: Nil

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SECTION 8: INFRASTRUCTURE SERVICES

8.1 Proposal to demain a section of Rainbow Beach Road

PORTFOLIO: Infrastructure Services

DIRECTORATE: Infrastructure Services

DOC ID:

LINKS TO CORPORATE/OPERATIONAL PLAN

STRATEGIC THEMES:

1. Our Infrastructure – well planned, integrated and safe

1. BACKGROUND AND PREVIOUS COUNCIL CONSIDERATION

Rainbow Beach Road in the Rainbow Beach shopping strip is a state-

controlled road and although the majority of infrastructure in that area is

Council‘s responsibility, State approval is required to carry out any works. In

the near future Council will be designing streetscape improvements in

Rainbow Beach which may include upgrades to on street parking, car park

access, pedestrian paths and crossings, street furniture and plantings, and

intersection arrangements (at the esplanade). Discussions with Energex have

also progressed recently towards undergrounding the overhead power lines

and replacing streetlights. Each of these proposals would be subject to

Transport and Main Roads (TMR) approvals which may delay, restrict or alter

the scope of the works which Council may propose.

2. REPORT

The current declaration of Rainbow Beach Road as a state-controlled road

includes the whole width and length of the road reserve including the car park

at the surf club house.

Under the LGAQ/TMR cost sharing arrangement, TMR must fund maintenance

and repair of the through traffic lanes. Council is responsible for the footpaths,

drainage, landscaping, parking areas and much of the road shoulders and

streetlighting.

Because of the state-controlled road status, Council needs to obtain TMR

approval to carry out any works within the road reserve. The approval

processes can be lengthy and Council is required to comply with TMR

standards, guidelines, specifications and so on.

TMR requirements are not always consistent with the outcomes sought by

local government (e.g. for streetscaping) and there are a number of locations

in Queensland where TMR has relinquished control of sections of urban roads.

It is therefore proposed that Council requests TMR to demain the section of

road shown below. This would give Council full control of the road in the

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tourist area of the town and so give greater flexibility in delivering future

streetscape improvements in the area.

3. BUDGET IMPLICATIONS

If approved, the demaining would see Council take responsibility for the

pavement and asphalt surfacing on the through traffic lanes and the throats of

three intersections.

The total area of pavement and surfacing which would be transferred to

Council‘s asset register is approximately 3500m2 having a theoretical value of

$220,000 and an average annual depreciation cost of $5,000.

The pavement and surfacing are generally in good condition with the

exception of a few small areas of deformation/developing failures. We would

request TMR to repair any pavement defects which are beyond their normal

maintenance intervention levels prior to formal handover of the road to

Council. The existing asphalt surface on the traffic lanes has a remaining life of

more than five years. In real terms, apart from minor line marking

(approximately $500 every 2 - 3 years) there should not be any additional cost

to Council for several years as a result of the demaining.

While the car park is technically under TMR control, the demaining of the car

park would not impose any additional costs on Council.

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4. POLICY IMPLICATIONS

There are no policy implications.

5. CONSULTATION

Planning and Development Directorate

Infrastructure Services Directorate

Energex

6. CONCLUSION

Removing the state road declaration from the eastern-most 460m section of

Rainbow Beach Road would allow Council much greater flexibility in carrying

out streetscaping and other works in the tourist area of the township. The

resulting whole-of-life cost to Council from taking full ownership of this piece

of road would be minimal.

Accordingly, it is proposed that Council asks TMR to demain the road from

Cypress Avenue to the eastern end.

M10/03/18 Moved Cr DW Dodt Seconded Cr MA McDonald

That Council formally requests the Department of Transport and Main

Roads remove the state-controlled road declaration from the section of

Rainbow Beach Road east of Cypress Avenue.

Carried

FOR: Cr MW Curran, Cr MA McDonald, Cr WR Leitch, Cr DW Dodt, Cr MS Gear,

Cr GC Hartwig, Cr HT Smerdon and Cr DH Stewart

AGAINST: Nil

ADJOURNMENT OF MEETING The Meeting adjourned for morning tea at 10.38am. RESUMPTION OF MEETING The Meeting resumed at 11.01am.

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COUNCIL IN COMMITTEE

The Mayor advised the meeting that Council was going ―Into Committee‖ to

discuss:

1. Water Business Unit Asset Management System

2. Rattler Railway Company

M11/03/18 Moved Cr MA McDonald Seconded Cr DW Dodt

That pursuant to the provisions of Section 275 of the Local Government

Regulation 2012, Council resolves to close the meeting to the public and

move “into committee” to consider the following matter/s:-

1. Water Business Unit Asset Management System

2. Rattler Railway Company

Further, that in relation to the provisions of Section 171 of the Local

Government Act 2009, Council resolves that following the closing of the

meeting to the public and the moving „into committee‟ that all matters

and all documents (whether in hard copy, electronic, optical, visual or

magnetic form) discussed, raised, tabled and/or considered whilst the

meeting is closed and „in committee‟, are confidential to the Council and

the Council wishes to keep them confidential.

Carried

FOR: Cr MW Curran, Cr MA McDonald, Cr WR Leitch, Cr DW Dodt, Cr MS Gear,

Cr GC Hartwig, Cr HT Smerdon and Cr DH Stewart

AGAINST: Nil

COUNCIL OUT OF COMMITTEE

M12/03/18 Moved Cr HT Smerdon Seconded Cr DW Dodt

That proceedings be resumed in Open Council.

Carried

FOR: Cr MW Curran, Cr MA McDonald, Cr WR Leitch, Cr DW Dodt, Cr MS Gear,

Cr GC Hartwig, Cr HT Smerdon and Cr DH Stewart

AGAINST: Nil

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SECTION 9: IN COMMITTEE

9.1 Water Business Unit Asset Management System

PORTFOLIO: Water and Sewerage and Waste Management

DIRECTORATE: Office of the CEO

DOC ID:

This item is in-committee in accordance with s275(1)(e) of the Local

Government Regulation 2012 - contracts proposed to be made by it.

M13/03/18 Moved Cr MW Curran Seconded Cr HT Smerdon

That the matter lay on the table until further information is provided by

Council staff.

Carried

FOR: Cr MW Curran, Cr MA McDonald, Cr WR Leitch, Cr DW Dodt, Cr MS Gear,

Cr GC Hartwig, Cr HT Smerdon and Cr DH Stewart

AGAINST: Nil

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9.2 Rattler Railway Company

PORTFOLIO: Economic Development

DIRECTORATE: Corporate and Community Services

DOC ID:

This item is in-committee in accordance with s275(1)(c) of the Local

Government Regulation 2012 - the local government budget.

M14/03/18 Moved Cr WR Leitch Seconded Cr MS Gear

That the matter lay on the table.

Carried

FOR: Cr MW Curran, Cr MA McDonald, Cr WR Leitch, Cr DW Dodt, Cr MS Gear,

Cr GC Hartwig, Cr HT Smerdon and Cr DH Stewart

AGAINST: Nil

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SECTION 10: ATTACHMENTS

5.1 Building Approvals for January 2018 and February 2018

ATTACHMENT 1 BUILDING APPROVALS FOR JANUARY 2018 ............................................ 70

ATTACHMENT 2 BUILDING APPROVALS FOR FEBRUARY 2018 .......................................... 79

6.4 February Financial Report

ATTACHMENT 1 FEBRUARY 2018 FINANCIAL REPORT ....................................................... 90

There being no further business the meeting closed at 11.22am.

Confirmed this TWENTY-SIXTH day of APRIL 2018

________________________

Cr MW Curran

CHAIRMAN

alana.eberhard
Typewritten Text
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Item 5.1 Building Approvals for January 2018 and February 2018

Attachment 1 Building Approvals for January 2018

Gympie Regional Council

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Item 5.1 Building Approvals for January 2018 and February 2018

Attachment 1 Building Approvals for January 2018

Gympie Regional Council

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Item 5.1 Building Approvals for January 2018 and February 2018

Attachment 1 Building Approvals for January 2018

Gympie Regional Council

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Item 5.1 Building Approvals for January 2018 and February 2018

Attachment 1 Building Approvals for January 2018

Gympie Regional Council

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Item 5.1 Building Approvals for January 2018 and February 2018

Attachment 1 Building Approvals for January 2018

Gympie Regional Council

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Item 5.1 Building Approvals for January 2018 and February 2018

Attachment 1 Building Approvals for January 2018

Gympie Regional Council

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Item 5.1 Building Approvals for January 2018 and February 2018

Attachment 1 Building Approvals for January 2018

Gympie Regional Council

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Item 5.1 Building Approvals for January 2018 and February 2018

Attachment 1 Building Approvals for January 2018

Gympie Regional Council

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Item 5.1 Building Approvals for January 2018 and February 2018

Attachment 1 Building Approvals for January 2018

Gympie Regional Council

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Item 5.1 Building Approvals for January 2018 and February 2018

Attachment 2 Building Approvals for February 2018

Gympie Regional Council

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Item 5.1 Building Approvals for January 2018 and February 2018

Attachment 2 Building Approvals for February 2018

Gympie Regional Council

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Item 5.1 Building Approvals for January 2018 and February 2018

Attachment 2 Building Approvals for February 2018

Gympie Regional Council

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Item 5.1 Building Approvals for January 2018 and February 2018

Attachment 2 Building Approvals for February 2018

Gympie Regional Council

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Item 5.1 Building Approvals for January 2018 and February 2018

Attachment 2 Building Approvals for February 2018

Gympie Regional Council

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Item 5.1 Building Approvals for January 2018 and February 2018

Attachment 2 Building Approvals for February 2018

Gympie Regional Council

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Ordinary Meeting Minutes 28 March 2018 85

Item 5.1 Building Approvals for January 2018 and February 2018

Attachment 2 Building Approvals for February 2018

Gympie Regional Council

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Ordinary Meeting Minutes 28 March 2018 86

Item 5.1 Building Approvals for January 2018 and February 2018

Attachment 2 Building Approvals for February 2018

Gympie Regional Council

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Ordinary Meeting Minutes 28 March 2018 87

Item 5.1 Building Approvals for January 2018 and February 2018

Attachment 2 Building Approvals for February 2018

Gympie Regional Council

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Ordinary Meeting Minutes 28 March 2018 88

Item 5.1 Building Approvals for January 2018 and February 2018

Attachment 2 Building Approvals for February 2018

Gympie Regional Council

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Ordinary Meeting Minutes 28 March 2018 89

Item 5.1 Building Approvals for January 2018 and February 2018

Attachment 2 Building Approvals for February 2018

Gympie Regional Council

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Ordinary Meeting Minutes 28 March 2018 90

Item 6.4 February Financial Report

Attachment 1 February 2018 Financial Report

Gympie Regional Council

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Item 6.4 February Financial Report

Attachment 1 February 2018 Financial Report

Gympie Regional Council

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Item 6.4 February Financial Report

Attachment 1 February 2018 Financial Report

Gympie Regional Council

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Item 6.4 February Financial Report

Attachment 1 February 2018 Financial Report

Gympie Regional Council

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Item 6.4 February Financial Report

Attachment 1 February 2018 Financial Report

Gympie Regional Council

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Item 6.4 February Financial Report

Attachment 1 February 2018 Financial Report

Gympie Regional Council

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Item 6.4 February Financial Report

Attachment 1 February 2018 Financial Report

Gympie Regional Council

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Item 6.4 February Financial Report

Attachment 1 February 2018 Financial Report

Gympie Regional Council

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Item 6.4 February Financial Report

Attachment 1 February 2018 Financial Report

Gympie Regional Council