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FINAL MINUTES 13 November 2013

FINAL MINUTES · 2014-07-09 · FINAL MINUTES WEDNESDAY 13 NOVEMBER 2013 MIN/13.11.2013 FOLIO 30260 ORDINARY MEETING MINUTES 1. ATTENDANCE: Her Worship the Mayor, Cr D T Comerford

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Page 1: FINAL MINUTES · 2014-07-09 · FINAL MINUTES WEDNESDAY 13 NOVEMBER 2013 MIN/13.11.2013 FOLIO 30260 ORDINARY MEETING MINUTES 1. ATTENDANCE: Her Worship the Mayor, Cr D T Comerford

FINAL MINUTES

13 November 2013

Page 2: FINAL MINUTES · 2014-07-09 · FINAL MINUTES WEDNESDAY 13 NOVEMBER 2013 MIN/13.11.2013 FOLIO 30260 ORDINARY MEETING MINUTES 1. ATTENDANCE: Her Worship the Mayor, Cr D T Comerford

FINAL MINUTES WEDNESDAY 13 NOVEMBER 2013

MIN/13.11.2013 FOLIO 30259

Table of Contents

Folio Date Particulars 30260 13.11.2013 Ordinary Meeting Minutes 30298 30.10.2013 Community and Client Services Monthly Review - October

2013 30352 22.10.2013 Minutes - Fields of Dreams Advisory Committee 30355 24.10.2013 Minutes - Rural Affairs Advisory Committee

Declaration of Potential Conflict of Interest

Nil.

Page 3: FINAL MINUTES · 2014-07-09 · FINAL MINUTES WEDNESDAY 13 NOVEMBER 2013 MIN/13.11.2013 FOLIO 30260 ORDINARY MEETING MINUTES 1. ATTENDANCE: Her Worship the Mayor, Cr D T Comerford

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MIN/13.11.2013 FOLIO 30260

ORDINARY MEETING MINUTES

1. ATTENDANCE:

Her Worship the Mayor, Cr D T Comerford (Chairperson), Crs K J Casey, C J Bonanno, L G Bonaventura, F A Gilbert, A N Jones, G J Martin, T A Morgan, D J Perkins, P F Steindl, and R D Walker were in attendance at the commencement of the meeting. Also present was Mr B Omundson (Chief Executive Officer) and Mrs M Iliffe (Minute Secretary). The meeting commenced at 10.03 am.

2. ABSENT ON COUNCIL BUSINESS:

Nil

3. APOLOGIES:

Nil

4. CONDOLENCES:

Nil

5. CONFIRMATION OF MINUTES:

5.1 ORDINARY MEETING MINUTES 6 NOVEMBER 2013

THAT the Ordinary Meeting Minutes held on 6 November 2013 be confirmed.

Moved Cr Casey Seconded Cr Gilbert

CARRIED

6. BUSINESS ARISING OUT OF MINUTES OF PREVIOUS MEETING:

Nil

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7. MAYORAL MINUTES - BRIDGES ON HARBOUR ROAD OVER VINES CREEK

Motion

THAT Council write to the Minister for Transport and Main Roads seeking assurances that the bridges on Harbour Road over Vines Creek will be immediately made safe and also reconstructed in the very short term to provide full levels of service in terms of traffic volumes and load carrying capacity and that this project be given a high priority by the State Government.

Moved Cr Comerford

CARRIED

8. CORRESPONDENCE AND OFFICERS’ REPORTS:

8.1 COMMUNITY AND CLIENT SERVICES MONTHLY REVIEW - OCTOBER 2013

Author Director Community and Client Services

Purpose

Attached is a copy of the Community and Client Services Monthly Review for October 2013 for information purposes.

Officer's Recommendation

THAT the Community and Client Services Monthly Review for October 2013 be received.

Council Resolution

THAT the Officer's Recommendation be adopted. Moved Cr Jones Seconded Cr Bonanno

CARRIED

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8.2 MATERIAL CHANGE OF USE - MULTIPLE DWELLING UNITS (5) - SANDSKY DEVELOPMENTS - LOT 50 MAKYBE DIVA DRIVE, OORALEA (DA-2013-219)

Application Number: DA-2013-219

Date Received: 27 June 2013

Action Officer: Matthew Ingram

Applicant’s Details: Sandsky Developments C/-McLyndskey Planners Pty Ltd PO Box 257 WEST BURLEIGH QLD 4219

Proposal: Multiple Dwelling Units (5)

Site Address: Lot 50 Makybe Dive Drive, Ooralea

Property Description: Lot 50 on SP254861

Owner’s Details: Brian M Washbourne and Katrina M Washbourne

Area: 1,878m2

Planning Scheme: Mackay City Planning Scheme - 19 December 2011

Planning Scheme Designations: Locality: Precinct: Zone:

Mackay Frame Pioneer River (Urban) Urban Residential

Assessment Level: Impact

Submissions: Three (3) Properly Made submissions

Referral Agencies: Department of Transport and Main Roads

Attachments: Attachment A: Attachment B: Attachment C: Attachment D: Attachment E:

Locality Plan Site Plan Proposal Plan Acoustic Report Sketch 1

Recommendation: Approved Subject to Conditions

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ASSESSMENT OF APPLICATION Purpose The Material Change of Use application is for five (5) Multiple Dwelling Units at Lot 50 Makybe Diva Drive, Ooralea (refer to Attachment A - Locality Plan). The application is Impact Assessable and three (3) properly made submissions objecting to the proposal were received. The submissions raised a number of concerns on what were relevant planning matters, although all matters are able to be conditioned to achieve compliance with the Mackay City Planning Scheme and Draft Mackay Region Planning Scheme. The application is recommended for approval. Subject Site and Surrounds The subject site (the site) is located in Ooralea, approximately four (4) kilometres (as the crow flies) south-west of the Mackay central business district. It is a triangular shaped battle-axe allotment and contains an area of 1,878m². With the exception of the eastern boundary of the site which accommodates a three (3) metre high acoustic fence which was constructed at time of subdivision, the site is unimproved (refer Attachment B – Site Plan). The site is not encumbered by any easements, although a 150mm dia. sewer main is located along the frontage of the battle-axe handle. It is in general flat and located at RL10m AHD. The full range of urban infrastructure is connected to and/or capable of being connected to the site. It has a ten (10) metre frontage to Makybe Diva Drive, identified as an Access Street in the vicinity of Lot 50 according to the Mackay Roads Hierarchy. The site is bound by similarly zoned allotments to the north, south and west. Located to the east, on the opposite side of the Bruce Highway, is Industry (High Impact) zoned land. However, the immediate surrounding area is comprised of a mix of zones including Higher Density Residential to the south; Sport and Recreation (Ooralea race track) to the west and Industry (High and Low Impact) and Rural to the north. Proposal The applicant proposes to construct five (5) Multiple Dwelling Units on the subject site (refer to Attachment C - Proposal Plans). All five (5) dwellings will be two (2) stories and comprise of: two (2) bedrooms; two (2) bathrooms; combined living and dining room; single lock up garage; and outdoor alfresco area. Each dwelling will have a footprint of approximately 70m² and a total gross floor area (GFA) of between 127m² and 132m². This equates to a total GFA on site of approximately 650m² and site coverage of 19%. The dwellings will have a maximum height of approximately seven (7) meters with an eaves height on the second story of 5.2 meters.

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Private open space has been provided for each dwelling as follows: Unit 1: 161m², Unit 2: 41m²; Unit 3: 41; Unit 4: 112; and Unit 5: 276m². Refuse areas, rain water tanks and clothes lines have been dedicated within the open space areas for each dwelling. A 30 metre long driveway will be provided within the access handle to service the dwellings, while landscaping has been proposed as per the landscaping plan (Refer to Attachment C - Proposal Plans). Finally, two (2) visitor car parks are also proposed. PLANNING SCHEME ASSESSMENT Mackay Frame Locality Code The proposal complies with the specific outcomes of the Mackay Frame Locality Code. The subject site is affected by the following applicable Overlay Codes: Landscape Character (Image Corridors) Overlay Code The proposal complies with the specific outcomes of the Landscape Character (Image Corridors) Overlay Code.

In addition to the above Overlay Codes, the application has been assessed against the entire Mackay City Planning Scheme, with particular reference to the following, applicable codes: Environment and Infrastructure Code; and Multiple Dwellings, Accommodation Units and Dual Occupancy Code.

The proposal complies with the specific outcomes of the Environment and Infrastructure Code. With the exception of the matters of non-compliance discussed below, all of which are considered discretion can be shown for and/or conditioned to achieve compliance with, the proposal generally complies with the Multiple Dwellings, Accommodation Units and Dual Occupancy Code. Multiple Dwellings, Accommodation Units and Dual Occupancy Code 1. Land Suitability – P1

Multiple dwellings, accommodation units and dual occupancies are: (iii): “not subject to any sources of unacceptable odour, noise or other pollution” The site abuts the Bruce Highway, although the acoustic report provided with the application outlines the requirements necessary to ensure all indoor and outdoor noise levels meet the Environmental Protection (Noise) Policy (2008) requirements (refer to Attachment D – Acoustic Report).

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2. Land Suitability - P3

P3: "For Accommodation Units and Multiple Dwelling Units, the premises have vehicular access from a street other than from an Access Place or Access Street" The proposed development achieves access via an Access Street. Traffic Volumes: The northern half of Makybe Diva Drive has a 15m wide road reserve and is designed as an Access Street which is capable of accommodating the traffic associated with up to 75 dwellings. The northern half of Makybe Diva Drive currently contains 28 dwellings. The southern half of Makybe Diva Drive is identified as a Minor Collector which has capacity to accommodate 300 dwellings. It is therefore, considered that Makybe Diva Drive has sufficient capacity for a further five (5) dwellings. Parking: The proposed development has provided twelve (12) car parking spaces on site which equates to 1.2 spaces per bedroom. The twelve (12) spaces is two (2) more spaces than is required under the current Mackay City Planning Scheme and six (6) more than would be required under the Draft Mackay Regional Planning Scheme.

3. Communal and Private Open Space - P1

P1: "For dwelling units, communal open space and any associated facilities are provided, unless otherwise specified in the relevant Locality Code, to suit:

(i) The overall residential density; (ii) The type of activity; (iii) Maintenance requirements; (iv) The privacy of nearby dwelling units; and (v) Informal surveillance and security needs".

No Communal Open Space (COS) has been provided for the development. However, due to the large amount of private open space that has been provided for each dwelling, combined with the fact that open space is within walking distance of the site (550m to the north & 700m to the south), it is recommended that COS is not required. It is also considered unreasonable to provide COS for such a small development. This fact is reinforced through the Draft Mackay Region Planning Scheme which only requires COS for developments comprising fifteen (15) or more dwellings.

DRAFT MACKAY REGION PLANNING SCHEME ASSESSMENT Under the Draft Mackay Region Planning Scheme, the proposal would be Code Assessable and assed against the following codes: Low Density Residential Zone Code; Multiple Dwelling Activity Code;

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General Development Code; Extractive Resources and High Impact Activities Overlay Code; and Landscape Character and Image Corridor Overlay Code. With the exception of the matters of non-compliance discussed below, all of which are considered discretion can be shown for and/or conditioned to achieve compliance with, the proposal generally complies with the Low Density Residential Zone Code. Low Density Residential Zone Code 1. Uses

P01 states: "The zone predominantly accommodates low density residential development such as dwelling houses"

It is considered that discretion can be exercised on this matter as this performance outcome is in conflict with P02 of the Code which permits multiple dwellings, such as is being proposed, within the zone as long as they are located in an appropriate location.

P02 states: "Low medium density residential developments, such as multiple dwelling activities, are located in close proximity to either:

a) multi-purpose centre or other key activity node such as the Base Hospital or Mater

Hospital; or b) existing centre activity or community activity; or c) a public transport route or useable open space"

Note that close proximity is not defined within the Draft Mackay Region Planning Scheme. However, the site is located within walking distance to a current bus route (100m) on the Bruce Highway, within 550m north & 700m south of open space and 800m of the Woolworths at Ooralea. The proximity to these services is considered to satisfy the intent of the code and it is therefore, reasonable to conclude the site is suitable for multiple dwellings. P09: “Where located in close proximity to uses and/or transport corridors generating amenity impacts, sensitive land uses are located, designed and operated to mitigate those impacts” The acoustic report submitted with the application ensures compliance with this aspect of the Code.

Multiple Dwelling Activity Code With the exception of the matters of non-compliance discussed below, all of which are considered discretion can be shown for and/or conditioned to achieve compliance with, the proposal complies with the intent of the Multiple Dwelling Activity Code. 1. Site Characteristics

P01 States: “Multiple dwelling activities are provided in close proximity to:

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a) Centres and other key activity nodes; or b) Public transport services; or c) Recreation opportunities”

It has been demonstrated above that the site is within walking distance (800m) of all three of these requirements.

2. Access and Car Parking

PO12 States: “Development includes the provision of adequate and convenient on-site car parking”. Car parking has been discussed above.

3. Security, safety and privacy

PO17 States: “Development maintains a high level of privacy between dwellings and for dwellings on adjoining sites”

Unit 1 looking East: Unit 1 overlooks the two adjoining dwellings to the east (Lot 45 & 46 on SP254861) with windows on the eastern side of Unit 1 in the stairwell, common area and bedroom 1. The windows in the stairwell and common area are not considered a privacy/overlooking concern due to the fact they are not habitable rooms and receive intermittent and short term use/occupation. The windows in bedroom 1 have sill heights of 1.5m above the floor level which is an acceptable solution in the Draft Mackay Planning Scheme. Unit 2 & 3: Units 2 and 3 are separated by 1.8 metres and have bedroom 1 and the living room of both units which directly face each other (all other directly facing areas have no windows or are stairwells, of which are considered acceptable). The windows of both bedroom ones have sill heights of 1.5m which as mentioned above, is an acceptable solution in the Draft Mackay Planning Scheme. The living room window of unit 3 will be screened with landscaping which is considered an acceptable solution (blinds/curtains could also be installed by future purchasers if more privacy was required). Unit 5 looking East: Unit 5 overlooks the two adjoining dwellings to the east with windows on the eastern side of Unit 5 in bedrooms 1 and 2 as well as an on-suite. The sill heights of the windows in bedroom 1 are 1.5m high and this is acceptable. The window in the bathroom has sill heights of 1.2m and this will be conditioned to be increased to 1.5m and due to the fact it is a bathroom, installed with frosted glass. The window in bedroom 2 also has a sill height of 1.2m and this will be conditioned to be increased to 1.5m in line with all other windows of habitable rooms within the development. Alternatively, a screening device can be installed (screening windows with sill heights of less than 1.5m is an acceptable solution for privacy/overlooking issues in the Draft Mackay Planning Scheme).

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Units 4 & 5 looking west (highway): Bedroom 1 of Unit 4 and both bedrooms in unit 5 overlook the highway. However, it is not considered reasonable to condition any specific measures as this is more appropriately left to future occupiers to determine how much privacy from the highway they desire from which blinds/curtains can be installed as necessary.

General Development Code The proposal can be conditioned to comply with the relevant requirements of the General Development Code. Extractive Resources and High Impact Activities Overlay Code The proposal complies with the Extractive Resources and High Impact Activities Overlay Code. Landscape Character and Image Corridor Overlay Code The proposal complies with the Landscape Character and Image Corridor Overlay Code. PLANNING SCHEME CONTRIBUTIONS POLICIES The following contribution policies are applicable to the development: CHARGE CALCULATION

Charge Category Adopted

Infrastructure Charge

Demand Units No. of

Demand Units

Charge Amount

Residential $20,000.00

1 or 2 bedroom dwelling

5 $100,000.00

Gross Charge Amount Total $100,000.00

APPLIED CREDIT CALCULATION

Charge Category

Credit Unit Value of Credit

Unit

No of Credit Units

Applied Credit Amount

Residential

3 or more bedroom dwelling

$28,000.00 1 $28,000.00

Applied Credit Amount Total

$28,000.00

NET CHARGE SUMMARY

Gross Charge Amount Applied Credit Amount Net Charge Amount $100,000.00 $28,000.00 $72,000.00

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INFRASTRUCTURE CONSIDERATIONS The subject site is located within a new estate and all necessary infrastructure networks are provided to the property. The proposed development is able to be connected to these networks, which is to be conditioned as part of any approval regardless. REFERRAL AGENCIES The Department of Transport and Main Roads – No requirements. SUBMISSIONS The application was publicly notified in accordance with the requirements of the Sustainable Planning Act (2009), and as a result of this process, three (3) properly made submissions were received. All of the submissions received expressed opposition to the proposal. The principle concerns raised within the submissions are summarised and discussed below.

1. Traffic All of the submissions raised concerns with regards to the increased traffic the proposal will generate and the potential for overflow car parking onto Makybe Diva Drive. Applicant’s Response: “The likelihood that each unit will house four persons @ 2 persons per bedroom is fairly low. The more likely scenario is 2 – 3 persons per unit with a total site population between 10 and 15 persons. Each two bedroom unit could have up to two cars but this rate of vehicle generation in a two bedroom unit would be unusual. In the worst case where each unit generated two cars a total of 10 car spaces would be required onsite. A total of 12 car spaces will be provided onsite and this will cater for visitors to the site. The proposal complies with the car parking code requirements and there will be no need for any offsite car parking in this development. The car park and traffic generation figures put forward by the submitter seem to be very high and are unsubstantiated”. Officers Comments: Traffic: In accordance with the traffic generation rates outlined within Council's superseded Transport Network Contributions Policy, a single detached dwelling generates approximately 6.5 vehicle trips per day (vpd) and a multiple dwelling unit generates approximately five (5) vpd. It is reasonable to assume given the size of the site, that it is unlikely a single dwelling would have been constructed and at a minimum, a duplex (2 x ¾ bedroom single detached dwellings) or similar would have been constructed. A duplex/two single detached dwellings on the site would generate approximately 13vpd while the proposed development with a total of five (5) multiple dwellings would generate approximately 25 vpd.

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This equates to the proposed development generating an approximate, additional 12 vpd over and above that which would be expected on the site if a duplex was to be constructed. These additional 12 vpd generated by the proposed development average out over the course of a twelve (12) hour day to an extra 1 trip per hour. It is not considered that on average, one additional vehicle trip per hour is significant, nor a reason for refusal. 2. Car Parking All of the submissions raised concerns in relation to the additional car parking that the proposed development would create and the negative impact this would have on Makybe Diva Drive and the frontage of their properties. Applicant’s Response: As above for point 1. Officers Comments: The applicant’s points are valid in that the numbers put forward by the submitters are unsubstantiated and the proposal as is, complies with the Planning Scheme requirements. However, there is ample room to accommodate more spaces on the site and to appease the submitters concerns in relation to car parking, it is considered an additional four (4) car parking spaces should be provided on site by the applicant (refer to Appendix E – Sketch 1). This will result in sixteen spaces being on site which is potentially overkill, but will be more than sufficient to ensure overflow car parking on Makybe Diva Drive does not occur as a result of the development. 3. Amenity All of the submitters raised concerns with regards to the potential negative amenity impacts (traffic, noise, privacy, overlooking) associated with the proposed development. Applicant’s Response: “There are a number of points that come to mind regarding the issue of noise emanating from the units; (a) The units will be located on a site buffering the detached residential lots along Makybe Diva Drive and the Highway. The units will offer some noise attenuation from the road traffic noise for the dwellings along Makybe Diva Drive. (b) Only two of the units being unit 1 and 5 are close to the residential boundaries to the West, the other units are on the East side of the land and are unlikely to impact on the privacy of the submitters. The living area and bedroom for unit 5 will be located about 6m from the site boundary and the living room and outdoor area for unit 5 will be about 4m from the site boundary. Each of the two units have large open space areas and it unlikely that residents or their guests will need to congregate close to the boundary to cause undue disruption to their neighbour.

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(c) It is equally possible that the users of the private open space areas at the rear of the dwelling houses along Makybe Diva Drive could impact on the privacy of units 1 & 5. If common neighbourly courtesy prevails there should be no significant issues. It is unreasonable to pre-empt a problem before it arises”. Officers Comments: Noise: Agree with the applicant’s response that additional noise from inside/outside of the units is not expected to be significant given the setbacks, in particular when the highway is adjacent to the lot and as a result, there is significant amounts of noise present at most times of the day and night. Traffic: It is considered that the number of vehicles which will travers the driveway to access the site has the potential to cause negative amenity impacts on adjacent Lots 46 and 47. To mitigate these potential impacts, double lap no gaps fencing will be conditioned along the access handle to minimise noise and light spill into the adjacent properties. Waste/Refuse Areas The refuse areas shown on the landscaping plans will all be located between 5m and 30m from adjoining properties and only the refuse area for Unit 1 is within 15m of adjacent properties. Therefore, there is not expected to be any negative amenity impacts to adjacent properties as a result of the refuse areas. This will also be conditioned. Privacy/Overlooking: This has been discussed above where it was demonstrated there will be no unacceptable impacts. 4. Refuse Collection The fact there is insufficient curb space for ten (10) rubbish bins to be stored in front of the lot was also raised by the applicant. Applicant’s Response: “The driveway is quite wide near the road intersection. There is adequate room on the driveway to allow for temporary bin storage and also for vehicles to safely access the site. The bins will only be on the driveway for part of one day per week. There is no need for any bins associated with this development to be stored on the road verge for collection”. Officers Comments: It is not considered that temporary storage in the driveway is an acceptable solution as this creates significant amenity/acoustic issues having the refuse collection vehicle entering and

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exiting the access handle, of which is within very close proximity to habitable rooms on Lots 46 and 47. Also, temporary storage in the access handle could lead to permanent storage of refuse in this area which is also not desirable due to any odours it may generate. Therefore, whilst the submitter’s comments are noted and it is agreed ten (10) wheelie bins stored at the front of the site is not ideal, this situation is considered more beneficial for all users than the refuse truck having to enter and exit the site. Note that the above non-compliance is not sufficient to warrant a refusal of the application. 5. Zoning One of the submissions identified that the site is not zoned for multiple dwelling units and this is the reasons the submitter purchased the property. Applicant’s Response: “The submitter is accurate in saying that this stage of the Raceview Estate is zoned for Urban Residential purposes and not for Higher Density uses. Density permitted in the Urban Residential Zone is 1 dwelling per 300sqm and 1 dwelling per 200sqm in the Higher Density Residential Zone. The proposal for five units on a lot with an area of 1,878sqm represents a density of 1 dwelling unit / 376sqm which is considerably lower than density expectations in the Urban Residential Zone. I am of the view that five units on this 1,878sqm site is not excessive and cannot be classified as high density residential. There is adequate private open space for each unit exceeding the planning scheme requirements and there is also a large percentage of communal open space within the site. The shape and access to this site makes the development very private and not visible from the street. Council would not have informed the submitter that dwelling units at a density appropriate to the Urban Residential Zone would not be a possibility on such a large site. It would have been unrealistic for any party to consider this site would be used for other than Multi Unit Development considering its size, proximity to shops, public transport and open space. As I understand, the developer envisaged a density in the order of five units on this site and provided a 63mm water connection to cater for this density”. Officers Comments: Just because the site is not zoned for higher density residential does not preclude an application being lodged on the site. It is unfortunate the applicant was not provided with this crucial piece of information by Council in particular, after spending the time specifically researching this fact. However, the density being proposed is consistent with the density and intent of the urban residential zone in that it achieves a density of 1 per 376m² well in excess of the maximum density permitted in the zone of 1 dwelling per 300m². Therefore, the density complies with the Planning Scheme.

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6. Impact on Property Values One of the submissions identified that if the proposed development was to proceed, it would negatively impact on the value of their property. Applicant’s Response: “As far as this development having an impact on the value of the submitters’ property, I am unaware of any evidence that would substantiate this”. Officers Comments: There is no evidence to support this fact and in addition, it is not a relevant planning ground. 7. Sewerage Capacity Two (2) of the submissions raised a concern that the sewerage system had not been designed to accommodate the additional sewerage the development would generate. Applicant’s Response: “The infrastructure provided for this site has the capacity to cater for the five units proposed”. Officers Comments: The sewerage system is of a sufficient capacity to accommodate the additional effluent the development will generate.

RESOURCES IMPLICATIONS There are no resource implications for Council as a result of this recommendation. CONSULTATION External Nil. Internal The application was discussed with representatives from various Departments at the Development Assessment Review Team (DART) meeting on 16/07/2013 where the application was noted and “able to be approved under delegated authority on the basis if no submissions received” As submissions were received, the application was again discussed at DART on 10/09/2013, where it was directed a Council report was required due to the type and number of submission received.

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CONCLUSION The proposed development has been assessed in accordance with s314 of the Sustainable Planning Act (2009) and should be approved for the following reasons: The proposal can be conditioned to comply with the Mackay City Planning Scheme. The proposal can be conditioned to comply with the Draft Mackay Region Planning

Scheme. It has been demonstrated that the site is suitable for and is located in an appropriate

location for multiple dwelling units. The proposed development is providing an acceptable density in accordance with the

requirements for the Urban Residential Zone. The proposed development will not have an unacceptable negative impact on the amenity

of Makybe Diva Drive or adjacent residents. The points raised by the submitters do not warrant refusal of the application.

Officer Recommendation

A. THAT Council approve the application for a Material Change of Use - Multiple Dwelling Units (5) at Lot 50 Makybe Diva Drive, Ooralea, more formally described as Lot 50 on SP254861, subject to the following conditions:

1. Plan of Development

The approved Multiple Dwelling Units (5) must be completed and maintained generally in accordance with the Plan of Development (identified in the Table below) and supporting documentation which forms part of this application, except as otherwise specified by any condition of this approval.

Job No. Title Rev. Sheet Prepared by Date 3640 Site Plan B 03 Sandsky

Developments 17.07.13

3640 Lower Floor Plan A 04 Sandsky Developments

22.05.13

3640 Upper Floor Plan

A 05 Sandsky Developments

22.05.13

3640 Elevations A 06 Sandsky Developments

22.05.13

3640 Elevations A 07 Sandsky Developments

22.05.13

3641 Lower Floor Plan A 04 Sandsky Developments

22.05.13

3641 Upper Floor Plan

A 05 Sandsky Developments

22.05.13

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Job No. Title Rev. Sheet Prepared by Date 3641 Elevations A 06 Sandsky

Developments 22.05.13

3641 Elevations A 07 Sandsky Developments

22.05.13

3642 Lower Floor Plan A 04 Sandsky Developments

22.05.13

3642 Upper Floor Plan

A 05 Sandsky Developments

22.05.13

3642 Elevations A 06 Sandsky Developments

22.05.13

3642 Elevations A 07 Sandsky Developments

22.05.13

MLP2856 Detailed Landscape Plan

A 1 of 3 McLynskey Planners Pty Ltd

June 2013

MLP2856 Planting Schedule

A 2 of 3 McLynskey Planners Pty Ltd

June 2013

MLP2856 Soft Landscape Specification

A 3 of 3 McLynskey Planners Pty Ltd

June 2013

2. Amended Plans Required

Prior to the lodgement of the Operational Works - Compliance Permit application, the approved plans of development must be amended to comply with the following matters:

a) Revised driveway width/location/alignment in accordance with conditions

9 & 19 (all reference to ‘existing concrete driveway’ must also be removed);

b) Additional landscaping in accordance with condition 19; c) Additional car parking spaces in accordance with condition 22. Swept path

diagrams demonstrating these spaces comply with Australian Standard AS-NZS2890.1 – 2004 and AS-NZS2890.6 – 2009 must also be provided;

d) Window amendments in accordance with condition 33.

The amended plans must be submitted to and approved by Council.

3. Compliance with Conditions

All conditions must be complied with prior to the occupancy of the building for the approved use, unless specified in an individual condition.

4. Damage

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Any damage which is caused to Council’s infrastructure as a result of the proposed development must be repaired immediately.

5. Compliance with Council Standards

All design and construction for the development must be in accordance with Council’s Policies, Engineering Design Guidelines, Standard drawings and standard specifications.

6. Conflict between plans and written conditions

Where a discrepancy or conflict exists between the written condition(s) of the approval and the approved plans, the requirements of the written condition(s) will prevail.

7. Notice of Intention to Commence the Use

Prior to the commencement of the use on the site, written notice must be given to Council that the use (development and/or works) fully complies with the decision notice issued in respect of the use (please see attached notice for your completion).

8. Maintenance of Development

Maintain the approved development (including car parking, driveways and other external spaces) in accordance with the approved drawing(s) and/or documents, and any relevant Council engineering or other approval required by the conditions.

9. Driveway

The driveway in the access handle is to be a minimum width of five (5) metres and widened out to six (6) meters to tie in with the existing invert crossing.

10. Electricity and Telecommunications Services

The approved development must be provided with electricity and telecommunications infrastructure.

11. Stormwater Drainage

Stormwater from the site (including roofwater) shall be collected within the property boundaries and discharged via an underground system to the existing 225mm stub as shown on attached Aurecon Plan No. C223. The Operational Works – Compliance Permit is to show the design of the internal drainage system and discharge points from the units.

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12. Ponding and Diversion of Stormwater

Ponding of stormwater resulting from the development must not occur on adjacent sites and stormwater formerly flowing onto the site must not be diverted onto other sites. The site shall be graded so that it is free draining.

13. Water Service

The development must connect to the existing water service as shown on attached Aurecon Plan No. C221.

14. Water Metering

Separate water meters must be provided for each dwelling unit.

15. Sewer Services

The development must connect to the existing house connection branch (HCB) as shown on attached Aurecon Plan No. C219.

16. Sewers Policy

All building work is to comply with Council’s Policy MW02 – “Building Over and Adjacent to Sewers”.

17. Live Connections

Council’s Water and Waste Services Department is to carry out all water connection and live sewer work at the developer’s expense.

18. Floor Levels

The minimum habitable floor level of the proposed development must be the higher of: a) 225mm above ground level; or b) A level which allows the connection of all sanitary fixtures to the

designated sewer connection point by means of sanitary drainage which complies with AS3500.

19. Landscaping

a) Both sides of the access handle must be landscaped with trees, shrubs and

groundcovers for the first fifteen (15) metres of the handle. This landscaping must be a minimum width of two (2) metres on each side of the concrete driveway;

b) The remaining non concreted areas in the rear fifteen (15) metres of the

access handle must be at a minimum, laid with turf or provided with

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washed gravel, or some other form of landscape treatment approved by Council.

20. Completion of Landscaping

All of the landscaping works shown on the approved landscape plan must be completed before the development is occupied.

21. Maintenance of Landscaping

All of the landscaping on the site must be maintained and kept in a neat, tidy and weed free standard at all times.

22. Car Parking Spaces

A minimum of four (4) additional car parking spaces must be provided on site, generally in accordance with the locations shown on Sketch 1 (attached).

23. Protection of Landscape Areas from Car Parking

The landscaped areas adjoining the car parking area must be protected from vehicles by a 125mm high vertical concrete kerb or similar obstruction.

24. Vehicle Manoeuvring

All car parking spaces must be designed to allow all vehicles to drive forwards both when entering and leaving the property.

25. Building Treatments

All of the building treatments recommended by the VDM Traffic Noise Impact Assessment Report dated July 2013 for Units 1-5 (pages 11-12) must be installed in accordance with the requirements of the report.

26. Fencing

a) The full length of the access handle must be fenced with a minimum 1.8

metre high, double lapped, no gaps acoustic fence. The existing fence along the southern side of the access handle is able to be retained and used to help establish the acoustic fence.

b) Fencing along the northern boundary of the lot must be constructed

(height, location, length, materials etc.) in accordance with the recommendations and conclusions contained within the VDM Traffic Noise Impact Assessment Report dated July 2013;

c) The southern boundary of the site adjacent to Lots 45 and 46 on SP254861

must be fenced with a 1.8m high screen fence. 27. Rain Water Tanks

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a) All rain water tanks must be located so as not to be visible from the Bruce Highway, Makybe Diva Drive and adjacent properties. Should this not be achievable, the rain water tanks must be screened, to the satisfaction of Council, so as not to be visible from Bruce Highway, Makybe Diva Drive and adjacent properties;

b) The rain water tanks must not protrude above the top of any fence line

they may be placed against; and c) The pipe work from the house to the rain water tanks must be attached to

the house.

28. Service Facilities Locations

Service facilities (clothes lines, gas bottles, air-condition units and the like) must not be visible from Bruce Highway, Makybe Diva Drive and adjacent properties Should this not be achievable, the facilities are to be screened, to the satisfaction of Council, so as not to be visible from Bruce Highway, Makybe Diva Drive and adjacent properties.

29. No Nuisance to Adjoining Properties

All service equipment, lighting and air-conditioning units must be located so as not to cause a nuisance to neighbouring properties.

30. Waste Storage Areas

All waste storage areas must not cause a nuisance to neighbouring properties in accordance with the relevant provisions of the Environmental Protection Act 1994 and Environmental Protection Regulations 2008.

31. Waste Storage

Refuse bins are not permitted to be stored within the access handle.

32. Refuse Collection

No refuse collection is permitted to occur within the lot, inclusive of the access handle. All refuse collection must be from the kerb in Makybe Diva Drive.

33. Privacy/Overlooking

a) The south eastern facing window in the on-suite of Unit 5 must have a

minimum sill height of 1.5 metres above the floor level and be treated with frosted glass/translucent glazing or some other form of alternative, permanent screening device, of which must be first approved by Council;

b) The south eastern facing window in bedroom 2 must have:

i) A minimum sill height of 1.5 metres above floor level; or

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ii) Be treated with frosted glass/translucent glazing or some other form of alternative, permanent screening device, of which must be first approved by Council.

34. Community Management Statement

a) The Community Management Statement for the development must at a

minimum, include the following Council requirements:

i) Refuse bins are not permitted to be stored within the access handle under any circumstances;

ii) All refuse bins must be collected from the kerb in Makybe Diva

Drive; iii) No vehicles are permitted to be parked, stored, weather temporarily

or permanently in the access handle under any circumstances b) A copy of the CMS must be provided to Council for review as part of any

building format subdivision application.

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

1. Local Laws

The approved development must comply with Council’s current Local Laws under the Local Government Act 2009.

2. Hours of Work

It is the applicant/owner’s responsibility to ensure compliance with Section 440R of the Environmental Protection Act 1994, which prohibits any construction, building and earthworks activities likely to cause audible noise (including the entry and departure of heavy vehicles) between the hours of 6:30pm and 6:30am from Monday to Saturday and at all times on Sundays or Public Holidays.

3. Dust Control

It is the applicant/owner’s responsibility to ensure compliance with Section 319 -General Environmental Duty of the Environmental Protection Act 1994, which prohibits unlawful environmental nuisance caused by dust, ash, fumes, light, odour or smoke beyond the boundaries of the property during all stages of the development including earthworks and construction.

4. Sedimentation Control

It is the applicant/owner’s responsibility to ensure compliance with Chapter 8, Part 3C of the Environmental Protection Act 1994 to prevent soil erosion and contamination of the stormwater drainage system and waterways.

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5. Noise During Construction and Noise in General

It is the applicant/owner’s responsibility to ensure compliance with Chapter 8, Part 3B of the Environmental Protection Act 1994.

6. General Safety of Public During Construction

It is the principal contractor’s responsibility to ensure compliance with Section 19(2) of the Workplace Health and Safety Act 2011. Section 19(2) states that a person conducting a business or undertaking must ensure that the health and safety of other persons is not put at risk from work carried out as part of the conduct of the business or undertaking. It is the responsibility of the person in control of the workplace to ensure compliance with Section 20 (2) of the Work Health and Safety Act 2011. Sections 20 (2) states that the person in control of the workplace is obliged to ensure that the means of entering and exiting the workplace and anything arising from the workplace are without risks to the health and safety of any person.

7. Contaminated Land

It is strictly the applicant/owner’s responsibility to source information regarding contaminated land from the Department of Environment and Heritage Protection, Contaminated Land Section as Council has not conducted detailed studies and does not hold detailed information pertaining to contaminated land.

8. Adopted Infrastructure Charges Notice

Pursuant to the Sustainable Planning Act 2009 and the State Planning Regulatory Provision (adopted charges) an Adopted Infrastructure Charges Notice relates to this Development Permit, and is attached. Prior to making payment please contact Mackay Regional Council, Development Services, Business Support Unit to establish if any Development Incentive Policies apply to the development at the time the payment is made.

Council Resolution

THAT the Officer's Recommendation be adopted. Moved Cr Perkins Seconded Cr Bonanno

CARRIED

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8.3 RENAMING OF WESTERN SECTION OF EVANS AVENUE NORTH - NORTH MACKAY

Author Director Organisational Services

Purpose

To rename the Western section of Evans Avenue North in North Mackay, currently an unconnected navigable road consisting of two sections sharing one name, thus causing confusion during emergencies or with any kind of service delivery.

Background/Discussion

Council received a letter outlining concerns that Emergency Services had had difficulty locating the MCC junior school campus due to the road name, Evans Avenue North being the same or similar in various areas around Mackay. In the letter, it was requested that the name of the western section of Evans Avenue North that extends from Glenpark Street to the Junior Campus of Mackay Christian College be changed. The concerns are outlined in the attached letter received from the MCF Senior Minister and the MCC Principal of the junior campus of Mackay Christian College which is located at the end of western section of Evans Avenue North. Prior to the construction of The Gooseponds in the late 1980’s, Evans Avenue in North Mackay was a continuous road that extended from Mackay-Slade Point Road to just past Glenpark Street. As a result of the upgrade to The Gooseponds, Evans Avenue became a discontinuous road consisting of two sections of road sharing the same name. As it is not standard practice to have a discontinued road share the same name, a decision was made in 1992 by Mackay City Council, to rename the section of Evans Avenue, west of The Gooseponds, to Evans Avenue North. At a later stage, Glenpark Street was upgraded to a major thoroughfare that resulted in Evans Avenue North being split into an eastern and western section. The eastern section of Evans Avenue North ends in a cul de sac, thus causing people to assume that the road terminates at this point, while the western section resumes and terminates at the school. The two sections of road as they are, clearly do not meet the current standards as stated in the Australian/New Zealand Standards on Rural and urban addressing AS/NZS 4819:2011 stipulates that: “4.2.4 Contiguous navigable road A named road shall include only one section navigable by vehicles. Unconnected navigable sections, such as where separated by an unbridged stream, pedestrian segment, railing, etc. shall be assigned separate road names.”

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With the recent developments in Mackay and new addressing standards set by Australia and New Zealand, having too many similar or duplicate road names is no longer justified as they lead to confusion and cause Emergency Services delays in locating properties. Council has a custodial responsibility for the ongoing maintenance, accuracy and quality of addresses within its jurisdictional boundaries. The Australian/New Zealand Standards on Rural and urban addressing AS/NZS 4819:2011 stipulates that: “4.6.2 Names of roads affected by redevelopment A road extent is sometimes broken into two or more segments by road redesign or redevelopment so that it is no longer continuous. In this case the resultant segments shall be renamed to comply with Clause 4.2.4”

Consultation and Communication

Council has written to property owners on a number of occasions regarding reported confusion with the use of Evans Avenue North and of the need to change the name of the western section of Evans Avenue North. Feedback from affected property owners has been mixed, including two petitions being submitted. The Petitions were formally tabled at Council, acknowledged and the lead Petitioner was contacted to confirm that it had been received. As a result of these Petitions and other correspondence, Council met with the lead Petitioner to explore options. It was made clear during this contact that there was a strong preference to simply stay as is but the Petitioner was advised that this was not an option. The reasons were again outlined, highlighting that the road name does not currently comply with the current addressing standards and due to the initial letter received, Council has a very strong obligation and responsibility to act due to the potential ramifications in the event of possible future emergencies. The names that were put forward during the communications were as follows: Providence Way - Providence Way was a submission from the junior school campus. Ambrose Way - Ambrose Way was suggested by Councils GIS as this reflects the local landmark of St Ambrose Anglican Church. Evans Avenue North Extension - Evans Avenue North Extension was suggested as a possible change that could offer the least amount of change or disruption, but is again not in accordance with current standards. During discussions with the lead Petitioners it was raised that the suggested names, Providence or Ambrose were not preferred names. The school would also prefer that any reference to Evans was completely removed but that consideration would be given to other names. Council undertook additional research into suitable names of local war heroes. The name CONNOLLY

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was put forward as the preferred name as it met all Council’s addressing protocols. The associated details being – “Francis Aloysius CONNOLLY, 11th Light Horse Regiment, AIF, Trooper, Regimental No.1085. Killed in action, 19 April 1917, Gaza, Palestine” A final letter was issued by Council to the residents advising that Council has a responsibility and an obligation to change the name of Evans Avenue North and as a last consultation presented them with the names Ambrose Way and Connolly Way as the only options prior to a decision being made. Residents were asked to respond by the 6th September as this issue has been ongoing for some time. Of the 14 affected residents, only 6 responses were received of which 3 voted for Ambrose Way, 2 voted for Connelly Way.

Resource Implications

Final letters to all residents advising them of Councils decision and their new address details. Councils database to be updated. GIS Officer to advise all services in writing of the road name change, eg. Queensland Ambulance Service, Emergency Management Queensland, Australia Post. New signage to be arranged and installed on site.

Risk Management Implications

Nil.

Conclusion

As Evans Avenue North has already caused Government agencies and Emergency Services some concern due to the existence of more than one road with the name "Evans" in Mackay, renaming the western section of Evans Avenue North, North Mackay would rectify the currently confusing situation.

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Officer's Recommendation

THAT Council:

a. Rename the western section of Evans Avenue North, west of Glenpark Street, to Ambrose Way;

b. Advise residents and property owners of the outcome and assign appropriate house numbering;

c. Arrange for new street signage; d. Amend Council’s databases to reflect this change; e. Advise all services (Emergency Services, Australia Post etc) of the change; and f. Advise principle petitioner of the recommendation.

Council Resolution

THAT the Officer's Recommendation be adopted. Moved Cr Casey Seconded Cr Martin

CARRIED

9. CONSIDERATION OF COMMITTEE REPORTS:

9.1 DRAFT MINUTES FIELDS OF DREAMS ADVISORY COMMITTEE

Author Manager Property Services

Purpose

Attached is a copy of the draft minutes of the Fields of Dreams Advisory Committee meeting held on 22 October 2013 for information purposes.

Officer's Recommendation

THAT the minutes of the Fields of Dreams Advisory Committee of 22 October 2013 be received.

Council Resolution

THAT the Officer's Recommendation be adopted. Moved Cr Martin Seconded Cr Bonanno

CARRIED

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9.2 DRAFT MINUTES RURAL AFFAIRS ADVISORY COMMITTEE

Author Director Community and Client Services

Purpose

Attached is a copy of the draft Rural Affairs Advisory Committee minutes of 24 October 2013 for information purposes.

Officer's Recommendation

THAT the minutes of the Rural Affairs Advisory Committee meeting of 24 October 2013 be received.

Council Resolution

THAT the Officer's Recommendation be adopted. Moved Cr Jones Seconded Cr Perkins

CARRIED

10. RECEIPT OF PETITIONS:

Nil

11. TENDERS:

11.1 MRC 2013-092 PSA FOR THE SUPPLY AND DELIVERY OF ENGINEERING SUPPLIES, GRADER/MOWER BLADES, BOLTS AND SWEEPER BROOMS

File No MRC 2013-092 PSA for the Supply and Delivery of Engineering Supplies,

Grader/Mower Blades, Bolts and Sweeper Brooms Author Manager of Procurement and Plant

Purpose

To present to Council for approval tenders received for MRC 2013-092 Preferred Supplier Arrangements for the Supply and Delivery of Engineering Supplies, Grader/Mower Blades, Bolts and Sweeper Brooms in accordance with Section 233 of the Local Government Regulation 2012.

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Background/Discussion

Preferred Supplier Arrangements have proven to be a cost-effective means of supplying high usage goods utilised by Council's departments due to negating the requirements for quotes to be obtained for each purchase. The tendered prices are for items Free into Store (FIS) which provide emergency and programmed supply to all Council departments. If quotes were required to be obtained as stipulated under the Local Government Regulation 2012, this would cause considerable delays in the delivery of Council services as well as not achieving competitive market rates due to the economies of scale achieved by aggregating demand. The proposed commencement date for this contract is the 16th November 2013, for a twenty-four (24) month term with the option of a twelve (12) month extension. The contract provides for rise and fall of the schedule of rates after each twelve (12) month period. Approval of claims for rise and fall are subject to the provision of sufficient supporting evidence being provided to Council, one month prior to each notice period. Tenders were invited on the 8th June 2013, via Council’s website and advertised locally in the Daily Mercury seeking submission from suitable suppliers for the Supply and Delivery of Engineering Supplies, Grader/Mower Blades, Bolts and Sweeper Brooms. The following responses were received by the closing date of Tuesday 2 July 2013:

Aqua Terra Oil & Mineral Services & Supply Pty Ltd T/A Atom Supply

Western Australian based with local branch

Gasmc Pty Ltd T/A Battery World Mackay Local business J Blackwood and Son Pty Ltd Brisbane based with local branch Carlisle Tractors Pty Ltd Local business Coventry Group Ltd T/A Coventry Fasteners Australia Brisbane based with local branch Cutting Edges Equipment Parts Pty Limited

Brisbane based

Geofabrics Australasia Pty Ltd Bohle Hasting Deering (Australia) Ltd Brisbane based with local branch Knittex Queensland Pty Ltd Brisbane The Trustee for the Gregory Peacock Family Trust T/A Longara Pty Ltd

Brendale

Macdonald Johnston Pty Ltd Head office Victoria The Trustee for the McGinns Unit Trust T/A McGinns Engineering

Local branch

Mike Trace Engineering Sales and Services Pty Ltd Brisbane Minemech Services (QLD) Pty Ltd Local branch Polyfabrics Australia Pty Ltd Brisbane Exego Group Pty Ltd T/A Repco Australia Local branch Signet Pty Ltd Bohle Tennant Australia Pty Ltd Regents Park J. Blackwood & Son Pty Ltd T/A Total Fasteners Local branch United Fasteners Queensland Pty Ltd Local branch Woodman McDonald Hardware Pty Ltd Local branch

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An initial compliance check was conducted on the 11th July 2013 to identify conforming submissions. This included compliance with contractual requirements and provision of requested information. Geofabrics Australasia Pty Ltd were deemed non-conforming as their rates were not identified as Free Into Store. All other submissions were progressed through to the qualitative criteria assessment on the basis that all terms and conditions and mandatory requirements of the RFT had been met. The applicants were assessed against the qualitative selection criteria. Relative weightings were published within the RFT. The first of a number of qualitative criteria assessments was carried out by the Evaluation Panel on the 6th August 2013, with the Evaluation Panel considering the prices offered together with the availability of items. Due to the specific nature of a number of products utilised by Council’s Workshop, a second evaluation meeting was held on 15th August 2013 to evaluate these specialised items only. The evaluation was undertaken by key workshop personnel together with members from the Contracts department. As this RFT included a significant number of items, coupled with the large number of responses received, a third Evaluation Panel meeting was held on the 26th August 2013. During the evaluation process, Tender Information Requests (TIR) were issued as follows: TIR 1 was issued on the 2nd August 2013 to seven of the respondents requesting copies of Safety Data Sheets, specifications for alternate items offered, completion of tenderers codes and requests for samples as required. TIR 2 was issued on the 29th August 2013 to nine of the respondents requesting further confirmation of manufacturer’s details and confirmation of rates offered in relation to the quantities requested in the original pricing structure.

TIR 3 was issued on the 8th October 2013 to one only respondent requesting confirmation of rates offered together with the request for a further sample to be issued for trialling purposes. TIR 4 was issued to all respondents on the 8th October 2013 requesting an extension to the original validity period to allow for Council to undertake further trials as deemed necessary by the Evaluation Panel. All respondents replied with relevant information and provided samples where requested, within the timeframes specified. Responses were reviewed by the evaluation panel. In evaluating the tenders received, the evaluation panel considered;

a) Value for Money 90% b) Local Content 10%

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The evaluation panel consisted of Council representatives as follows:

Supply Coordinator Procurement and Plant Contracts Admin Officer Procurement and Plant Contracts Coordinator Procurement and Plant Warehouse Supervisor Procurement and Plant Civil Service Coordinator Water Services Admin Team Leader Water Services Supervisor Horticulture Parks and Environment Team Leader – Maintenance Parks and Environment Leading Hand – Electrician Parks and Environment Regional Coordinator Civil Operations Supervisor Parks and Environment Leading Hand Mobile Plant Procurement and Plant Asset Management Supervisor Procurement and Plant Supervisor Workshop Procurement and Plant Team Leader Parks and Environment Technical Officer Waste Services Team Leader – Mowing Maintenance Parks and Environment

In some instances, the Panel recommended items that have previously provided a high degree of operational performance as the preferred product by the majority of employees.

Consultation and Communication

Prior to releasing the Request for Tender, all operational branches were consulted to ensure all requirements were specified in the tender documentation.

Resource Implications

The Panel of Preferred Suppliers for the Supply and Delivery of Engineering Supplies, Grader/Mower Blades, Bolts and Sweeper Brooms contract is a schedule of rates contract, which is utilised on an as required basis and funding is to be provided from the relevant department budgets. Based on the estimated usage as detailed in the tender documents and utilising the rates of the recommended provider, the contract has the potential value of approximately $519,475.17 excluding GST for the twenty-four month period. The comparison of rates between the current contracted supplier’s and the recommended supplier’s tendered schedule of rates indicates a decrease of 9% based upon the previous periods usage.

Risk Management Implications

The conditions of contract provide sufficient remedies to Council based on the risk profile of the goods being provided.

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The recommended tenderers were required to provide all relevant insurances and compliances prior to the executing of their contract. These include, where applicable:

Product Liability $20,000,000.00 Public Liability $20,000,000.00 Workcover As required by law Safety Data Sheets As required by law Technical specifications – engineering As requested

Conclusion

It is recommended that MRC 2013-092 Preferred Supplier Arrangements for the Supply and Delivery of Engineering Supplies, Grader/Mower Blades, Bolts and Sweeper Brooms for a twenty-four (24) month period with the option of a twelve (12) month extension together with the availability for the provision of rise and fall after each twelve (12) month period, be awarded to: a) Aqua Terra Oil & Mineral Services & Supply Pty Ltd T/A Atom Supply b) J Blackwood and Son Pty Ltd c) Carlisle Tractors Pty Ltd d) Coventry Group Ltd T/A Coventry Fasteners Australia Cutting Edges Equipment Parts Pty

Limited e) Hasting Deering (Australia) Ltd f) Knittex Queensland Pty Ltd g) The Trustee for the Gregory Peacock Family Trust T/A Longara Pty Ltd h) Macdonald Johnston Pty Ltd i) The Trustee for the McGinns Unit Trust T/A McGinns Engineering j) Mike Trace Engineering Sales and Services Pty Ltd k) Minemech Services (QLD) Pty Ltd l) Polyfabrics Australia Pty Ltd m) Signet Pty Ltd n) Tennant Australia Pty Ltd o) J. Blackwood & Son Pty Ltd T/A Total Fasteners p) United Fasteners Queensland Pty Ltd q) Woodman McDonald Hardware Pty Ltd

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Officer's Recommendation

THAT Council award tender MRC 2013-092 Preferred Supplier Arrangements for the Supply and Delivery of Engineering Supplies, Grader/Mower Blades, Bolts and Sweeper Brooms for a twenty-four (24) month period with the option of a twelve (12) month extension together with the availability for the provision of rise and fall after each twelve (12) month period, to:

a) Aqua Terra Oil & Mineral Services & Supply Pty Ltd T/A Atom Supply b) J Blackwood and Son Pty Ltd c) Carlisle Tractors Pty Ltd d) Coventry Group Ltd T/A Coventry Fasteners Australia Cutting Edges Equipment

Parts Pty Limited e) Hasting Deering (Australia) Ltd f) Knittex Queensland Pty Ltd g) The Trustee for the Gregory Peacock Family Trust T/A Longara Pty Ltd h) Macdonald Johnston Pty Ltd i) The Trustee for the McGinns Unit Trust T/A McGinns Engineering j) Mike Trace Engineering Sales and Services Pty Ltd k) Minemech Services (QLD) Pty Ltd l) Polyfabrics Australia Pty Ltd m) Signet Pty Ltd n) Tennant Australia Pty Ltd o) J. Blackwood & Son Pty Ltd T/A Total Fasteners p) United Fasteners Queensland Pty Ltd q) Woodman McDonald Hardware Pty Ltd

Council Resolution

THAT the Officer's Recommendation be adopted. Moved Cr Walker Seconded Cr Bonaventura

CARRIED

12. CONSIDERATION OF NOTIFIED MOTIONS

Nil

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13. LATE BUSINESS:

13.1 LEAVE OF ABSENCE - CR GILBERT

THAT Cr Gilbert be granted leave of absence for the Meetings on 4 and 11 December 2013.

Moved Cr Casey Seconded Cr Perkins

CARRIED

13.2 LEAVE OF ABSENCE - CR MARTIN

THAT Cr Martin be granted leave of absence for the Meeting on 11 December 2013.

Moved Cr Casey Seconded Cr Gilbert

CARRIED

13.3 WATER NOTICES - APRIL - SEPTEMBER 2013 PERIOD

Council's water notices to residents will be delivered this week for the billing period April to September 2013 Cr Gilbert advised. With work continuing on the Client Services centre in Mackay, residents are encouraged to pay online where possible or visit the Sarina and Mirani Client Service centres. Cr Gilbert also reminded everyone when watering was permitted:-

Even numbered properties - Tuesday, Thursday and Friday; Odd and unnumbered properties - Wednesday, Friday and Sunday; and No watering on Monday or any day between 10 am and 4 pm.

13.4 COUNCILLOR ATTENDANCE AT EVENTS

Crs Casey and Jones attended the Relaunch of the PCYC Emergency Services Cadets Program for Mackay on Thursday 7 November 2013. Cr Casey was asked to convey their thanks to Council for their support of the Cadet Unit and for allowing them to meet at the Ness Street Depot. Cr Casey attended the 122nd Army Cadet Unit's 68th Annual Ceremonial Parade on Saturday 9 November 2013 on behalf of the Mayor and was asked to pass on their thanks to Council for their continued support of the Cadet Unit in Mackay. Cr Casey attended the Ooralee Welcome Speech for the Mackay Lions Club and presented to the Mayor on behalf of the Mackay Lions Club a banner from the District Governor.

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Cr Perkins attended the 2013 Planning Institute Australia conference held at the MECC last week and wished to congratulate all of the staff for their time and effort in planning this conference which from all the feedback received to date was a very successful event.

14. PUBLIC PARTICIPATION:

Nil

15. CONFIDENTIAL REPORTS:

Nil

16. MEETING CLOSURE

The meeting closed at 10.33 am.

17. FOR INFORMATION ONLY

17.1 DEVELOPMENT APPLICATION INFORMATION - 21.10.13 TO 27.10.13

For Council Information Only - No Decision Required. Development Applications Received

App no Code /

Impact Address Applicant Description Officer

CA-2008-258

L 4 Melba Street, ARMSTRONG BEACH

Robert Dunn and Marcia R Dunn and Albin R Woolcockand others

Request to Change Development Approval & Extend Currency Period - Material Change of Use (Prelim Approval to override Planning Scheme) to allow development as if within the Village Zone AND Reconfiguration of 2 Lot (Development Permit) to create 65 Village Lots and 1 Parkland Lot.

Josephine McCann

CAC-2010-384

Code 1-15 Diesel Drive, PAGET

Sonic Property Pty Ltd

Request to Change Development Approval - Combined Application - Material Change of Use - General Industry and Transport Depot and Environmentally Relevant Activity -no 21 Motor Vehicle Workshop and ERA no 8 Chemical Storage

Matthew Ingram

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App no Code / Impact

Address Applicant Description Officer

CAC-2012-323

Code 70-90 Beaconsfield Road East, ANDERGROVE

Andergrove Lakes Pty Ltd

Request for Plans to be Considered Generally in Accordance - Combined Application for Andergrove Lakes Eastern Precinct- Material Change of Use: Tourist Facility (including 38-bed Cable Ski Lodge, Cafe and ancillary operating facilities, Lake Grande and in-line lakes, Manager's Residence and 48 Tourist Accommodation Units); and Reconfiguration of a Lot: 1 Lot (Proposed Lot 600) into 145 Lots (including 113 Residential, 31 Terrace Houses, 1 Multiple Dwelling Unit Lot, 1 Tourist Facility Lot and 1 Tourist Accommodation Lot), plus parkland and drainage lots over 4 Stages (6 to 9) in accordance with Preliminary Approval DA-2007-286/B.

Julie Brook

CON-2013-252

35 Pelican Street, SLADE POINT

Simpson Building Company Pty Ltd

Building Work - Boundary Setback for Carport Helle Jorgensen Smith

CON-2013-253

81 O'Riely Avenue, MARIAN

Andrew G Watson

Building Work - Boundary Setback for Residential Storage Shed

Kathryn Goodman

CON-2013-254

14 Michael Moohin Drive, SLADE POINT

Whitsunday Design & Drafting

Building Work - Boundary Setback for Carport Andrea McPherson

MCUC-2011-313

Code 19 Wellington Street, MACKAY

Andrew Gaffney Request for Permissible Change - Change of Conditions- Commercial Premises and Catering Shop

Josephine McCann

MCUC-2013-366

Code 27 Gordon Street, MACKAY

Dazzling Dental Surgery

Material Change of Use - Health Care Centre (Dental Surgery)

Brogan Jones

MCUC-2013-367

Code 34 Wright Road, GRASSTREE BEACH

Mervyn G Hopes and Sandra M Hopes

Outbuilding Andrea McPherson

MCUC-2013-368

Code 37 Oysterlee Street, BEACONSFIELD

Brent J Grima Residential Storage Shed Brogan Jones

MCUCD-2005-28

Code 329 Bridge Road, WEST MACKAY

Mackay Shopping Centre Pty Ltd

Request for plans to be considered Generally in Accordance - Material Change of Use - Shopping Centre

Matthew Ingram

OW-2008-144

L 57 Melba Street, ARMSTRONG BEACH

Robert Dunn Request to Extend Currency Period - Operational works

Alan White

ROLC-2011-265

Code L 6 Munbura Road, MUNBURA

Charles G Bartolo

Request to Extend Relevant Period - 1 Rural Lot into 2 Lots

Josephine McCann

ROLC-2013-362

Code L 2 Koumala Bolingbroke Road, KOUMALA

Aurizon Operations Limited

1 Rural Lot into 2 Lots (Sarina) Helle Jorgensen Smith

Development Applications Entering Decision Making Period

App Number

Code / Impact

Address Applicant Description Officer

MCUC-2011-313B

Code 19 Wellington Street MACKAY

Andrew Gaffney Request for Permissible Change - Change of Conditions- Commercial Premises and Catering Shop

Josephine McCann

MCUC-2013-178

Code 7 Discovery Lane MOUNT PLEASANT

Griff Davies Indoor Entertainment (24 Hour Gym) Helle Jorgensen Smith

MCUC-2013-194

Code 247 Anzac Avenue MARIAN

Tipalea Property Fund No 11 Pty Ltd

Hardware Store Kathryn Goodman

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App Number

Code / Impact

Address Applicant Description Officer

MCUC-2013-300

Code 27 Bannister Street SOUTH MACKAY

Oskar F Krobath and Marlies Krobath

Dual Occupancy Helle Jorgensen Smith

MCUC-2013-358

Code 172 Goldsmith Street SOUTH MACKAY

Greenslade Homes Dwelling House (Aviation Facilities Buffer Area)

Andrea McPherson

MCUI-2013-158

Impact 261 Nebo Road WEST MACKAY

PK Murphy Pty Ltd and Rok Properties Pty Ltd

Multiple Dwelling Units (7) Kathryn Goodman

ROLC-2013-301

Code 950 Grasstree Road SARINA BEACH

Kenneth R Atherton and Jenny L Atherton

2 Rural Residential Lots into 3 Lots and Access Easement over Lot 7 on RP734237

Helle Jorgensen Smith

ROLC-2013-302

Code 149 Barcoo Road NINDAROO

David W Wright and Raeleen A Wright

Boundary Realignment - 2 Rural Lots into 2 Lots

Josephine McCann

Development Applications Finalised

App No Code /

Impact Location Applicant Description Officer

Application Withdrawn CAC-ASPA-2012/323B

Code 70-90 Beaconsfield Road East ANDERGROVE QLD 4740

Andergrove Lakes Pty Ltd

Request for Plans to be Considered Generally in Accordance - Combined Application for Andergrove Lakes Eastern Precinct- Material Change of Use: Tourist Facility (including 38-bed Cable Ski Lodge, Cafe and ancillary operating facilities, Lake Grande and in-line lakes, Manager's Residence and 48 Tourist Accommodation Units); and Reconfiguration of a Lot: 1 Lot (Proposed Lot 600) into 145 Lots (including 113 Residential, 31 Terrace Houses, 1 Multiple Dwelling Unit Lot, 1 Tourist Facility Lot and 1 Tourist Accommodation Lot), plus parkland and drainage lots over 4 Stages (6 to 9) in accordance with Preliminary Approval DA-2007-286/B.

Julie Brook

Approved Subject to Conditions CA-IDAS-2008/169A

1 Evan Street EAST MACKAY QLD 4740

Pointglen Developments Pty Ltd

Request to Change Development Approval - Combined Application for a Material Change of Use Superseded Planning Scheme (Tourist Facility, Indoor Entertainment, Catering Shop, Shop, Commercial Premises and Caretakers Residence) AND a Reconfiguration of 24 lots to create 23 Tourist Facility Lots

Shane Kleve

CON-ASPA-2013/228

66A Main Street BAKERS CREEK QLD 4740

Shed Boss Mackay

Building Work - Boundary Setback for Residential Storage Shed

Darryl Bibay

CON-ASPA-2013/249

46 Hills Road TE KOWAI QLD 4740

Development Certification

Building Work - Road Boundary Setback Variation for Dwelling House.

Josephine McCann

MCUC-ASPA-2013/264

Code 41 Dutton Street WALKERSTON QLD 4751

Sandsky Developments

Dual Occupancy Darryl Bibay

MCUC-ASPA-2013/319

Code 369-371 Mackay-Bucasia Road RICHMOND QLD 4740

Mint Occasions and Events

Home Based Business (Events Management)

Andrea McPherson

MCUC-ASPA-2013/338

Code 142 Malcomson Street NORTH MACKAY QLD 4740

Noel Lang Home Based Business (Business Office) Helle Jorgensen Smith

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App No Code / Impact

Location Applicant Description Officer

MCUC-ASPA-2013/346

Code 128 Kippen Street SOUTH MACKAY QLD 4740

Mackay and Whitsunday Building Certification

Dwelling House Extension (Flood & Inundation Overlay)

Josephine McCann

MCUC-ASPA-2013/349

Code 8 Farming Road OORALEA QLD 4740

Sandsky Developments

Dual Occupancy Kathryn Goodman

MCUI-ASPA-2012/366

Impact 5 Thornber Street NORTH MACKAY QLD 4740

Broadplan Property Consultants

Multiple Dwelling Units (5) Kathryn Goodman

RECONF-IDAS-2009/316A

5 Thornber Street NORTH MACKAY QLD 4740

Broadplan Property Consultants

Request to Change an Existing Approval - Change to Plan of Development (ROL - 2 Urban Residential Lots into 2 Lots)

Kathryn Goodman

ROLC-ASPA-2012/48A

Code 70-90 Beaconsfield Road East ANDERGROVE QLD 4740

Findasite.net.au Request to Change Development Approval - Reconfiguration of a Lot - 2 future High Density Residential Lots and 2 future Urban Residential Lots as shown on DA-2010-319 into 24 High Density Lots

Julie Brook

ROLC-ASPA-2013/214

Code L 1 Powells Road MARIAN QLD 4753

Neil R Lenahan Boundary Realignment 2 Rural Lots into 2 Rural Lots

Darryl Bibay

ROLC-ASPA-2013/215

Code 199 Dows Creek Road DOWS CREEK QLD 4754

Kerry B Ollett and Maxine J Ollett

1 Rural Lot into 2 Lots Brogan Jones

ROLC-ASPA-2013/252

Code L 1 Doyles Road BALNAGOWAN QLD 4740

Paul J Deguara Boundary Realignment - 3 Rural Lots into 3 Lots

Darryl Bibay

Confirmed on Wednesday 20 November 2013

………………………………………

MAYOR

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APPENDIX / ATTACHMENTS

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