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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
Ordinary Meeting Minutes 28 March 2018 1
Gympie Regional Council
Ordinary Meeting Minutes 28 March 2018 2
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
Ordinary Meeting Minutes 28 March 2018 3
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
Ordinary Meeting Minutes 28 March 2018 4
Gympie Regional Council
SECTION 4: PETITIONS
Ordinary Meeting Minutes 28 March 2018 5
Gympie Regional Council
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.
Ordinary Meeting Minutes 28 March 2018 6
Gympie Regional Council
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
Ordinary Meeting Minutes 28 March 2018 7
Gympie Regional Council
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.
Ordinary Meeting Minutes 28 March 2018 8
Gympie Regional Council
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.
Ordinary Meeting Minutes 28 March 2018 9
Gympie Regional Council
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.
Ordinary Meeting Minutes 28 March 2018 10
Gympie Regional Council
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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Gympie Regional Council
Figure 1: Subject site (Intramaps 2017 aerial imagery)
Figure 2: Subject site recent aerial image. Source: Google Maps
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Gympie Regional Council
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.
Ordinary Meeting Minutes 28 March 2018 13
Gympie Regional Council
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
Ordinary Meeting Minutes 28 March 2018 14
Gympie Regional Council
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;
Ordinary Meeting Minutes 28 March 2018 15
Gympie Regional Council
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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Gympie Regional Council
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.
Ordinary Meeting Minutes 28 March 2018 17
Gympie Regional Council
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
Ordinary Meeting Minutes 28 March 2018 18
Gympie Regional Council
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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Gympie Regional Council
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.
Ordinary Meeting Minutes 28 March 2018 20
Gympie Regional Council
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
Ordinary Meeting Minutes 28 March 2018 21
Gympie Regional Council
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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Gympie Regional Council
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.
Ordinary Meeting Minutes 28 March 2018 43
Gympie Regional Council
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.
Ordinary Meeting Minutes 28 March 2018 44
Gympie Regional Council
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.
Ordinary Meeting Minutes 28 March 2018 45
Gympie Regional Council
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.
Ordinary Meeting Minutes 28 March 2018 46
Gympie Regional Council
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;
Ordinary Meeting Minutes 28 March 2018 47
Gympie Regional Council
- 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
Ordinary Meeting Minutes 28 March 2018 48
Gympie Regional Council
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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Gympie Regional Council
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
Ordinary Meeting Minutes 28 March 2018 50
Gympie Regional Council
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:
Ordinary Meeting Minutes 28 March 2018 51
Gympie Regional Council
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
Ordinary Meeting Minutes 28 March 2018 52
Gympie Regional Council
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.
Ordinary Meeting Minutes 28 March 2018 53
Gympie Regional Council
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
Ordinary Meeting Minutes 28 March 2018 54
Gympie Regional Council
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
Ordinary Meeting Minutes 28 March 2018 55
Gympie Regional Council
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.
Ordinary Meeting Minutes 28 March 2018 56
Gympie Regional Council
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
Ordinary Meeting Minutes 28 March 2018 57
Gympie Regional Council
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:
Ordinary Meeting Minutes 28 March 2018 58
Gympie Regional Council
• 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).
Ordinary Meeting Minutes 28 March 2018 59
Gympie Regional Council
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
Ordinary Meeting Minutes 28 March 2018 60
Gympie Regional Council
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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Gympie Regional Council
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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Gympie Regional Council
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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Gympie Regional Council
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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Gympie Regional Council
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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Gympie Regional Council
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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Gympie Regional Council
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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Gympie Regional Council
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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Gympie Regional Council
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
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Item 5.1 Building Approvals for January 2018 and February 2018
Attachment 1 Building Approvals for January 2018
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Item 5.1 Building Approvals for January 2018 and February 2018
Attachment 1 Building Approvals for January 2018
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Item 5.1 Building Approvals for January 2018 and February 2018
Attachment 1 Building Approvals for January 2018
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Item 5.1 Building Approvals for January 2018 and February 2018
Attachment 1 Building Approvals for January 2018
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Item 5.1 Building Approvals for January 2018 and February 2018
Attachment 1 Building Approvals for January 2018
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Item 5.1 Building Approvals for January 2018 and February 2018
Attachment 1 Building Approvals for January 2018
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Item 5.1 Building Approvals for January 2018 and February 2018
Attachment 1 Building Approvals for January 2018
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Item 5.1 Building Approvals for January 2018 and February 2018
Attachment 1 Building Approvals for January 2018
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Item 5.1 Building Approvals for January 2018 and February 2018
Attachment 1 Building Approvals for January 2018
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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
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Item 5.1 Building Approvals for January 2018 and February 2018
Attachment 2 Building Approvals for February 2018
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Item 5.1 Building Approvals for January 2018 and February 2018
Attachment 2 Building Approvals for February 2018
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Item 5.1 Building Approvals for January 2018 and February 2018
Attachment 2 Building Approvals for February 2018
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Item 5.1 Building Approvals for January 2018 and February 2018
Attachment 2 Building Approvals for February 2018
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Item 5.1 Building Approvals for January 2018 and February 2018
Attachment 2 Building Approvals for February 2018
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Item 5.1 Building Approvals for January 2018 and February 2018
Attachment 2 Building Approvals for February 2018
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Item 5.1 Building Approvals for January 2018 and February 2018
Attachment 2 Building Approvals for February 2018
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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
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Item 6.4 February Financial Report
Attachment 1 February 2018 Financial Report
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Item 6.4 February Financial Report
Attachment 1 February 2018 Financial Report
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Item 6.4 February Financial Report
Attachment 1 February 2018 Financial Report
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Item 6.4 February Financial Report
Attachment 1 February 2018 Financial Report
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Item 6.4 February Financial Report
Attachment 1 February 2018 Financial Report
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Item 6.4 February Financial Report
Attachment 1 February 2018 Financial Report
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Item 6.4 February Financial Report
Attachment 1 February 2018 Financial Report
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Item 6.4 February Financial Report
Attachment 1 February 2018 Financial Report
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Item 6.4 February Financial Report
Attachment 1 February 2018 Financial Report
Gympie Regional Council
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