ECONOMIC DEVELOPMENT AND PLANNING STANDING …

ECONOMIC DEVELOPMENT AND PLANNING

STANDING COMMITTEE

FINAL MINUTES

7 December 2016

FINAL MINUTES ECONOMIC DEVELOPMENT AND PLANNING STANDING COMMITTEE WEDNESDAY 7 DECEMBER 2016

MIN/07.12.2016 FOLIO 41409

Table of Contents

Folio Date Particulars

41410 07.12.2016 Economic Development and Planning Standing Committee

Minutes

41434 30.11.2016 Development Services Monthly Review - November 2016

41451 03.11.2016 Minutes - Natural Environment Advisory Committee Meeting

41456 14.10.2016 Minutes - Character and Heritage Advisory Committee

Meeting

Declaration of Potential Conflict of Interest

Item 8.2 - Cr Casey (Non-Committee Member)


MIN/07.12.2016 FOLIO 41410

ECONOMIC DEVELOPMENT & PLANNING

STANDING COMMITTEE

MINUTES

1. COMMITTEE ATTENDANCE:

Crs K L May (Acting Chairperson), J F Englert, R C Gee, F A Mann (nee Fordham) and Mayor

G R Williamson were in attendance at the commencement of the meeting.

2. NON-COMMITTEE ATTENDANCE:

Also present were Cr K J Casey, Cr A R Paton, Cr L G Bonaventura, Cr M J Bella, Cr R D

Walker, Mr C Doyle (Chief Executive Officer), Mr P Owen (Acting Director Development

Services) and Mrs M Iliffe (Minute Secretary).

The meeting commenced at 10.30 am

3. ABSENT ON COUNCIL BUSINESS:

Nil

4. APOLOGIES:

4.1 LEAVE OF ABSENCE - CR CAMM

THAT Cr Camm be granted leave of absence from today's meeting.

Moved Cr Mann (nee Fordham) Seconded Cr Englert

CARRIED

5. CONFLICT OF INTEREST:

Item 8.2 - Cr Casey (Non-Committee Member)


MIN/07.12.2016 FOLIO 41411

6. CONFIRMATION OF MINUTES:

6.1 ECONOMIC DEVELOPMENT AND PLANNING STANDING

COMMITTEE MINUTES - 9 NOVEMBER 2016

THAT the Economic Development and Planning Standing Committee Meeting

Minutes held on 9 November 2016 be adopted.


CARRIED

7. BUSINESS ARISING OUT OF MINUTES OF PREVIOUS MEETING:

Nil

8. CORRESPONDENCE AND OFFICERS’ REPORTS:

8.1 DEVELOPMENT SERVICES - MONTHLY REVIEW REPORT FOR

NOVEMBER 2016

Author Acting Director Development Services

Purpose

To review the attached Development Services Monthly Review Report for the month of

November 2016.

Officer's Recommendation

THAT the Development Services Monthly Review Report for the month of November

2016 be received.

The Acting Director of Development Services (A/DDS) spoke to the report.

Cr Mann (nee Fordham) queried if the Lamberts Lookout project is expected to be completed

within the timeframe required for the State funding or has an extension been sought.

A/DDS advised the project is expected to be completed within the required timeframe, the

detailed designs are almost complete and pending other commitments for capital projects

construction will commence early in 2017.

The Mayor congratulated the Parks and Environment team on their efforts and professional

delivery on the PDA day with all of the agencies in attendance. This was exceptionally well


MIN/07.12.2016 FOLIO 41412

handled and the overlay of all of the reporting processes to elicit from the agencies in

attendance was an excellent display of professionalism by the Council officers.

Cr May advised she had received feedback from a lot of the businesses in Sarina that they are

pleased with the upgrade to the Christmas decorations and asked for their thanks to be passed

on to Council.

Committee Resolution

THAT the Officer's Recommendation be adopted.


CARRIED

Cr Casey (Non-Committee Member) declared that a perceived conflict of interest in Item 8.2 could

exist (as per section 173 of the Local Government Act 2009), due to being a Patron of Kucom Theatre

Inc and left the room at 10.37 am, taking no part in the debate or decision of the meeting.

Voting then recorded as per usual.

8.2 FACILITATING DEVELOPMENT IN THE MACKAY REGION POLICY -

LOCAL COMMUNITY FACILITY (KUCOM THEATRE) - SECURITIES

LEASE 123, 2 SNOW WRIGHT COURT, ANDERGROVE

Author Principal Economic Development Officer

Purpose

To assess an application under the Facilitating Development in the Mackay Region Policy.

Background/Discussion

The proposed development is for a Local Community Facility (Theatre) located at Lease K, 2

Snow Wright Court, Andergrove (Lot 461 on SP104856).

The site is located on a crown reserve with adjoining land uses including Mackay Pioneer

BMX, Mackay PCYC, Mackay Gymnastics and Mackay Woodturners. The site is located at the

intersection of Norris Road and Beaconsfield Road East and has a lease area of 1,985m2.

The theatre will have a gross floor area of 389.24m2 and will be occupied by not-for-profit

organisation Kucom Theatre Inc. The theatre will be contained within a single building and will

provide 24 car parks.


MIN/07.12.2016 FOLIO 41413

Kucom Theatre Inc received a $250,000 grant for the construction of the theatre as part of

Council’s Better Community Building Fund in November 2015. A development application for

the theatre was approved on the 21 November 2016 (DA-2015-148).

Incentive Requests

The applicant has requested the following Specific Incentives under Schedule 6 of the

Facilitating Development in the Mackay Region Policy:

75% concession on infrastructure charges:

- Estimated Infrastructure Charges = $40,032.28

- Requested concession = $30,024.21

Development application fee refund = $4,485

Delayed payment of infrastructure charges

Service connection fee refund.

As per the policy infrastructure charges may be reduced up to 75% based on the net charge

amount identified on the Infrastructure Charges Notice. Council may consider reductions in

infrastructure charges beyond 75%, for applications that can demonstrate that they will

generate significant long-term economic benefits, job creations and have transformative

outcomes that will diversify the existing economic base of the region.

General Eligibility Criteria

The Facilitating Development in the Mackay Region Policy seeks to attract investment in

qualifying development to stimulate growth, diversify and add value to the economy of the

Mackay region. The policy is discretionary and seeks to support projects that will deliver the

greatest economic benefits to the region.

Based on information provided by the applicant, the proposal satisfies the requirements under

the General Eligibility Criteria for consideration under Schedule 6 – Community facilities of the

Policy.

Criteria Eligibility

Timing of development Estimated Commencement of Use

within 2 years

Based on information provided by the applicant the

commencement of use is estimated to be mid-2017.

• Estimated construction commencement – early

2017

• Estimate construction completion – mid 2017

• Estimated commencement of use – mid 2017

Non-Government Development Yes

Infrastructure capacity Based on the information provided by the applicant

and the approved Development Permit it is

considered that the proposed development can be

serviced without requiring trunk infrastructure

upgrades.


MIN/07.12.2016 FOLIO 41414

Location Specific Eligibility Criteria – Stage 2

Based on information provided by the applicant the proposal satisfies the requirements under

the Location Specific Eligibility Criteria of Schedule 6 – Community facilities of the Policy:

Criteria Eligibility

Community Impact

The applicant must demonstrate that

the project will enhance the lifestyle

and liveability of the region and

contribute towards economic

development.

The proposed development is for a theatre

establishment that will serve as the theatre and

clubhouse for the not-for-profit organisation,

Kucom Theatre Incorporated.

Kucom Theatre Inc. has not operated out of a

permanent theatre establishment since 2011. With a

rich history of almost seventy years, the

establishment of this theatre will support the future

operations of the Kucom Theatre Inc.

Economic Investment The applicant must demonstrate that

the minimum capital investment in the

development is equal to or greater than

$100,000.

• Estimated total capital investment: $600,000

• Estimated construction cost $600,000

• Based on economic modelling, from a direct

injection of $600,000 (construction costs), flow

on economic output would be $614,000,

totalling $1.214M economic impact.

• The applicant has committed to utilising local

contractors and suppliers. This was also a

condition of the Better Community Building

Fund grant.

Employment Generation • Economic modelling projected that the project

would generate a total of 3 direct and in-direct

jobs.

Applicable Area Appropriately zoned land located in

the Priority Infrastructure Area.

• The development is located inside the Priority

Infrastructure Area.

Applicable Land Uses The policy applies to material change

of use (MCU) for uses that are

consistent with the “applicable land

uses” listed in the policy as defined by

the relevant planning schemes in effect

at the time of application.

The development is defined as Local Community

Facility in accordance with the Mackay City

Planning Scheme 2006.

A Local Community Facility is not listed as an

applicable land use under Schedule 6 of the Policy.

This appears to be an administrative error and it is

noted that 'Community Facilities' are identified as

applicable land uses under the Mirani Shire Plan,

Sarina Shire Planning Scheme and proposed

Mackay Region Planning Scheme.

It is accordingly considered that a Local

Community Facility is an appropriate use for

consideration under Schedule 6 of the Policy.


MIN/07.12.2016 FOLIO 41415

Business and Regional Benefits

Based on information provided by the applicant, the development is considered to be value-

adding to the regional economy and will generate additional full time employment and business

activity.

The development will also enhance the lifestyle and liveability of the region by providing a

community facility that will contribute towards the region’s community development.

Consultation and Communication

Development Assessment, Development Engineering and Water and Waste Services were

consulted during the assessment process of the development application and the Director

Development Services has also considered this matter.

Resource Implications

Under the Adopted Infrastructure Charges Resolution the proposed development would have a

net infrastructure charge of approximately $40,032.28 (+ annual adjustments).

Concessions based on the rates provided in Schedule 6 of the Policy would result in a 75%

reduction which would reduce the charges received by Council by $30,024.21.

Details regarding the concession are provided below:

Component Infrastructure

charge

Concession

(%)

Concessions

($)

Charges

Payable

Local Community

Facility (Theatre)

$40,032.28 75% $30,024.21 $10,008.07

The further requested Specific Incentive would result in the following additional reductions to

infrastructure charges:

A refund of the development application fees would reduce the charges by $4,485.

A reduction in water and sewer service connection fee charges (50% discount up to a maximum

of $500 for each service), would reduce future fees received by Council up to a maximum of

$1,000.

Risk Management Implications

There is a risk that granting significant concessions can leave Council exposed to similar claims

in future and that a potential infrastructure funding gap could present.

These risks are sufficiently mitigated by the fact that infrastructure is available to service the

development and by the strict timeframes detailed on claiming any concession grants under the

Policy. If the development is not completed and operational within the recommended

timeframe, the concessions will no longer be applicable and 100% of the applicable

Infrastructure Charges will be applicable to the development.


MIN/07.12.2016 FOLIO 41416

There is a risk that unforeseen infrastructure upgrades will be required to service the

development. This risk is appropriately mitigated through the inclusion of a condition that

states that the approved concessions are dependent on no trunk infrastructure upgrades being

required to service the development.

Conclusion

The Facilitating Development in the Mackay Region Policy provides incentives for

development that will deliver economic development and growth outcomes in alignment with

Council’s policy and planning objectives.

Given the regional economic and social benefits that the development would deliver, it is

considered that the provision of concessions will assist the project to come to market and

enhance the region’s community development whilst delivering an economic investment of

$1.214 M and three jobs to the Mackay Region.


THAT the following Specific Incentives are approved under the Facilitating

Development in the Mackay Region Policy for the Local Community Facility (Theatre) at

Lease K, 2 Snow Wright Court, Andergrove:

a) Concessions of 75% on the net charge amount identified on the Infrastructure

Charge Notice for DA-2015-148 at Lease K, 2 Snow Wright Court, Andergrove

(Lot 461 on SP104856);

b) Delayed payment of infrastructure charges, payable within 12 months of the

commencement of use;

c) Development application fee refund ($4,485) calculated as a discount to the

outstanding net charge amount payable at the required time of payment;

d) Reduction in water and sewer service connection fees (50% discount up to a

maximum of $500 for each service), applied at the time when the fees would be

payable for the activity;

AND THAT the approval of the concession is dependent on:

e) The development must be completed and the use commenced by 7 December

2018; and

f) No additional infrastructure costs incurred to Council (including 'bring forward

costs) as determined at the development application stage.


MIN/07.12.2016 FOLIO 41417



Moved Cr Mann (nee Fordham) Seconded Cr Gee

Cr Mann (new Fordham) spoke in favour of the Motion as Kucom Theatre was formed in 1947

as a community based not for profit group and the purpose was to form a dramatic society for

Mackay. Since the foundation in 1947 there has been approximately 180 productions spanning

69 years and would like to have the facility open for their 70th

birthday next year.

CARRIED

10.39 am - Cr Casey returned to the Meeting Chamber.

8.3 PETITION - BLACKS BEACH SKATE PARK

Author Operational Forward Parks Planner

Purpose

To inform Council of the issues associated with developing a local skate park in Blacks Beach.


Council accepted a petition on the 20th

September 2016 requesting that a skate park be built in

Blacks Beach. Accompanying the petition was supportive information. This suggested that the

requested skate park would be a local facility given the emphasis given to children being able

to skate close to home. This information also outlined the public health, safety and community

benefits delivered by this type of recreational infrastructure. The petition did not however

indicate where in Blacks Beach the community would prefer to see this type of facility located.

The matter was referred to the Chief Executive Officer for investigation. Parks, Environment

and Sustainability (PE&S) was subsequently requested to prepare a report outlining the

appropriateness and implications for Council of the request.

In preparing this report, reference has been made to the following current policies and

strategies:

Planning Scheme Policy No. 12 : Open Space (2006);

MRC Open Space, Sport and Recreation Strategy 2010-2016; and

Community Facilities Strategy and Implementation Plan.


MIN/07.12.2016 FOLIO 41418

Demand for Youth-Centric Sports and Recreational Opportunities

The value of a local skate park and the need to provide more and better types of this

recreational infrastructure in the Mackay region is without question and has been

acknowledged by Council in the region’s Open Space, Sports and Recreational Strategy (S&R

Strategy). Council has also widened its perception of what a skate park is, and has embraced

the idea of developing dedicated ‘youth hubs’ to meet the social as well as the physical needs

of younger people. In accordance with the recommendations made in the S&R Strategy,

additional skate park facilities have been developed in recent years in Sarina and Walkerston.

At present Council provides access to a total of seven local skate parks across the Mackay

region. Refer Attachment 1.

Mackay, by Australian standards, has a comparatively young population, and at present, a large

youth contingent. This has generated the demand for youth-centric recreational opportunities.

The increasing number of requests from the community for skate parks to be built fuelled also

by the growing popularity of skate boarding, scooter riding and BMX. In addition there is now

mounting pressure from local community stakeholders to upgrade the oldest of the existing

skate park facilities. The skate bowls in Bucasia and in John Breen Park in North Mackay are

approaching 20-years of age. As well as being in poor physical condition, these facilities are

small and their design is outdated. Both skate bowls are in urgent need of an injection of

funding to elevate their quality to meet community expectations for what a contemporary skate

park should be offering.

A recent audit of community facilities undertaken by Strategic Planning as an input into the

new Community Facilities Strategy (CFS) validated the need to develop more sporting and

recreational opportunities for the region’s youth and justified the provision of additional skate

park infrastructure in key locations, but also the upgrading of the older facilities as a way of

quickly increasing the capacity in locations already established. The community’s need for

larger, competition-standard skate parks catering to more advanced riders is noted. In the

immediate term, the implementation plan recommended developing new skate park facilities to

service the suburban areas of Andergrove, Beaconsfield and Rural View. The location

specifically identified in Rural View, which also aimed to address the demand within the

Northern Beaches Central precinct. This emerging precinct will be expanded with future stages

of the Plantation Palms Estate development.

Currently two skate park projects have been proposed by PE&S as the highest priority for

Council to fund and implement. These projects include the following and have also been

summarised in Attachment 1.

The first is a district level skate park catering to more advanced riders and which can address

the current lack of competition-standard facilities within the region (i.e. sports tourism). While

it was recommended that a facility of this size and standard be developed in Rural View, a

viable site has yet to be secured. Land releases in the area having temporarily stalled due to the

economic slowdown limiting the availability of potential sites. The population has also not

reached the expected level needed to support a district level recreational facility. Rather than

delay the development of this much needed infrastructure, PE&S proposed an alternative

location that is currently available but also offers a distinct advantage in terms of the facility’s

management.


MIN/07.12.2016 FOLIO 41419

In preference to developing two local skate parks within the urban catchment of Andergrove /

Beaconsfield (as recommended in the CFS Implementation Plan), it is proposed to develop the

district skate park within the established Sports Precinct bordering both suburbs. The site

currently under investigation is Norris Road Sports Reserve. This location presents the

opportunity to co-locate the skate park with the existing facilities operated by the Policy

Citizens Youth Club (PCYC) and to potentially partner with this organisation to fund and

operate the facility. There is distinct financial advantage in developing one larger facility in

partnership with the PCYC then two smaller skate parks.

The second is the opportunity recently presented to Council is to co-fund the development of a

new contemporary-style skate park to replace the aged skate bowl at Bucasia. Council was

approached about this opportunity in support of a potential future development application

which, should the project proceed, result in the skate park’s relocation and upgrading being

partly funding through developer contributions.

Should negotiations be successful, Council is committed to contributing $350K to the project

and construction could commence on the Bezzina Court Reserve in 2017 / 18. This second

project is specifically aimed at addressing the current shortage of youth-centric facilities in the

Northern Beaches area. While not fully addressing the demand for recreational facilities in this

urban growth area, the project is seen as a valuable stopgap measure until additional

recreational infrastructure is developed in Rural View. Longer term the development of a

second district level skate park in Rural View might be desirable.

The Bucasia project has a bearing on Council’s response to the petition being discussed.

Should a new and larger-sized skate park be developed in Bucasia to replace the existing skate

bowl facility, it would be difficult for Council to justify funding the immediate construction of

a second local skate park within close proximity. While there is likely sufficient demand given

the anticipated population growth in the future to warrant construction of a second local skate

park in Blacks Beach to service the Northern Beaches area, in the short term there are other

locations within the region which would be seen to be more deprived in terms of access to

recreational opportunities and more centrally located in the region. Conversely however, should

negotiations on the new facility at Bucasia stall or the offer was withdrawn by the external

party, Council may wish to consider re-directing its funding commitment ($350K) towards

developing the local skate park in Backs Beach rather than within the Bezzina Court Reserve at

Bucasia.

Demand for youth-centric facilities in Blacks Beach, Dolphin Heads and Eimeo

Skate parks are used predominately by younger persons aged between 5 and 19 years although

contemporary facilities do attract multi-generational users and spectators. In 2011 the

Australian census recorded 1,516 young people within this age range residing in the gazetted

localities of Eimeo, Blacks Beach and Dolphin Heads (ABS Code SSC30556, SSC30175 and

SSC30500). Eimeo accommodated the highest number of younger persons (781 people)

followed by Black Beach (659 people) and Dolphin Heads (76 people). Based on a total

population count of 6,578, this cohort of younger persons constituted 23% of the local

community. In 2016 the size of this cohort (5 – 19 years) as a percentage of the resident

population is anticipated to have increased slightly given the proportionally larger number of 0-

4 year olds entering the cohort as compared to the older teens who will be exiting, although the

impact of the recent economic downturn on the local community’s demographics, and


MIN/07.12.2016 FOLIO 41420

specifically the high vacancy rate experience in newer area like Blacks Beach Cove is

unknown, but could have reduced the number of younger adults now residing in the area.

Compared to the Mackay region as a whole, the percentage of younger person residing in this

part of the Northern Beaches at the time of 2011 census was higher than in other localities. This

finding is expected given the area is a growth centre for the region. By way of comparison,

during the same census period, persons aged between 5 – 19 years made up 20.9% of the

region’s population (ABS LGA 34770). Similarly the overall number and percentage of

younger persons within the local community was similar to the other two ‘youth hotspots’

identified in the S&R Strategy and recent audit. These were the suburban areas of Andergrove /

Beaconsfield which recorded 1,400 younger persons, and the Bucasia / Shoal Point area with

1,000 younger persons. In both cases the nominated cohort made up 23.3% of the resident

population.

This analysis suggests that there would be sufficient demand in terms of the size of the resident

youth population to warrant a second local skate park to be built in the Blacks Beach area.

Existing Sports and Recreation Provision in Blacks Beach

Council maintains six recreational parks within the gazetted suburban area of Blacks Beach. In

addition there are another four local parks within close proximity in Rural View. Refer

Attachment 2. Four of the parks located within Black Beach, as indicated in the aerial

photograph provided as Attachment 3, also contain children’s playground facilities.

There are no formal sporting fields or facilities located in Blacks Beach. The closest facilities

of this nature are located in the neighbouring suburbs of Rural View and Bucasia. Longer term

a new sporting precinct in Rural View has been planned to cater to the needs of the area, and

more direct access to these facilities will be afforded as future stages of Blacks Beach Cove

come on line and link through to the Plantation Palms Estate.

Recommended location and cost to provide a local skate park in Blacks Beach

If a local skate park was to be constructed in Blacks Beach, it is the recommendation of PE&S

that the infrastructure be located in Camilleri Street Park. This 7.8ha reserve is ideally situated.

The park enjoys frontage to Camilleri Street which is a major collector road servicing the

established or older residential areas of Blacks Beach and Dolphin Heads. Residents can also

access the park from several of the surrounding residential streets. In addition the park is

located on the local bus route, and already offers on-site parking area for those needing or

wanting to drive to the site. An aerial view of the park is provided in Attachment 4. Two

possible sites within the reserve have been identified for the skate park’s construction and

indicated on this aerial view.

The park presently contains a good size children’s playground, and the western half of the

reserve has been designed as a dog off-leash area. Both of these activities make the park a

popular destination for locals. The drawback, particularly if co-located with the existing car

park and playground area, is the potential nuisance to adjoining residential properties. This

could however be reduced if a proportion of the dog off-lease are (western end) along the

Camilleri Street front was used for this purpose.


MIN/07.12.2016 FOLIO 41421

Competing Priorities

The community has requested that Council fund the design and construction of the skate park at

Blacks Beach. Based on recent projects, it is assumed that in the order of $400K would be

required to design and construct a contemporary local skate park. This assumes that the new

facility is integrated into Camilleri Street Park which already contains a significant amount of

supportive infrastructure (i.e. off-street parking, pathways, shelters, park furniture and services

as well as amenity landscaping). The skate park’s development would also complement the

children’s playground facilities already available within the park.

Since receiving the petition, a second deputation from the Blacks Beach community has meet

with Councillors to outline their desire to see the original idea expanded and to have a much

larger regional type skating complex developed. Council was also advised that the local

community would be approaching both State and Federal Governments for funding given the

anticipated cost would likely exceed two million dollars.

Should the community wish to continue with this proposal, locating the complex in Blacks

Beach would not be supported. A regional level skate park would need to be more centrally

located to ensure it could be accessed by large numbers of skaters, but also to ensure that the

facility could be properly serviced. Given the patronage this type of complex would attract, the

amount of vehicle traffic generated, parking demand and other potential impacts including

noise and lighting for night-time use would require the development to be sited away from

residential areas. Ideally such an attraction would be located either within a tourist-type zone or

established sporting precinct. As previously noted, the funding required for this level of facility

would be expected to exceed two million dollars.

Unfortunately given current financial constraints, not all requests for funding can be supported

by Council. Council has the difficult task of having to prioritise the various requests, including

several specifically for skate park facilities. In terms of the return on investment, funding the

development of a new district level facility in the Andergrove / Beaconsfield area and

upgrading the existing facilities in Bucasia have been set as the highest priorities. Both priority

projects will provide younger persons in Blacks Beach with reasonable access to contemporary

standard and larger-sized skate parks. While not in their suburb, it will be within a more

reasonable travel distance than the region’s more popular skate park facilities in Slade Point or

South Mackay. Allocating funding to construct a second skate park within close proximity of

the Bucasia project is not justified in the short term given other locations within the region are

assessed to be more disadvantaged in terms of access to recreational opportunities.

If however the Bucasia project was to stall or the external party was to withdraw their offer,

Council may wish to consider the option of developing a new skate park facility to service the

Northern Beaches area in Blacks Beach rather than in Bucasia. In this event the existing

Bucasia Skate Park would remain in the short term and this would effectively provide this

expanding growth area with two skate park facilities.


Discussions have been held with the Parks Building Services Coordinator and Coordinator

Parks Maintenance regarding the development of a skate park in Camilleri Street Park. No

objection or issues have been raised by internal stakeholders. It should however be noted that


MIN/07.12.2016 FOLIO 41422

no consultation has yet be had with the Black Beach community regarding the selection of

Camilleri Street Park.

Two residents have contacted Council following media coverage about the petition expressing

their concerns about the skate park being located in Camilleri Street Park. The concerns raised

related to disturbance given the proximity of resident properties.


Council has committed to provide $350,000 of capital funding in 2017/18 to co-fund the

construction of the Bezzina Court Skate Park in Bucasia. This funding will be offset against

infrastructure charges. Should this project stall or the external party was to withdraw their offer,

this funding could be re-directed to develop a new skate park facility in Blacks Beach. Should

this happen, it is recommended that Council increase the level of funding by $50,000 to cover

the consultant’s fees to design and document the skate park. While $500,000 was the proposed

budget for the Bezzina Court Skate Park project, unlike this particular reserve, Camilleri Street

Park already has in place a compliment of support infrastructure. It is therefore anticipated that

a good quality skate park facility could be constructed for the recommended $350K provided

the associated design costs were also covered. In this event, Council may elect to maintain the

existing Bucasia Skate in the short term. This would effectively provide the Northern Beaches

area with two local skate park facilities.


Should Council wish to proceed immediately with building a second local skate park in Blacks

Beach, capital funding would need to be diverted from other park or playground projects

scheduled in the capital program. This would risk disadvantaging residents in other locations

currently scheduled to investment in the near future. Diverting funding to accelerate this project

ahead of proposals targeting other locations which are underserviced in terms of basic

recreational opportunities would be difficult for Council to justify particularly if the Bezzina

Court Skate Park was to proceed. If however funding was to be allocated above and beyond

future year’s capital, the disadvantage would be negated.

Conclusion

Council supports the provision of skate park facilities in the Northern Beaches and is

committed to developing a contemporary local skate park, with the preferred location being

Bucasia. In principle Council supports the development of a second local skate park in the

Northern Beaches area, but in the short term if a new and larger scale skate park is constructed

in Bucasia, could not justify immediately funding a second local facility when other

communities across the region would be more disadvantaged. Several of the existing skate

parks already in operation in the region are also in urgent need of upgrading, and many

stakeholders have identified the need for a larger district level facility to be developed.

Council may wish to consider re-directing the capital funding committed in 2017/18 to the

Bezzina Court Skate Park to enable a new facility to be built in Blacks Beach should this

priority project stall or the external party withdraw their funding.


MIN/07.12.2016 FOLIO 41423


THAT Council not support the community's request to fund the development of a skate

park in Blacks Beach at this time due to other competing priorities and given that funding

has been allocated for the construction of a new and larger-scale skate park for the

Northern Beaches at Bucasia.

FURTHER THAT should the abovementioned skate park project in Bucasia not proceed

that Council consider funding a new local skate park facility at Blacks Beach in Camilleri

Street Park or other suitable location to service the Northern Beaches area.

AND THAT the principle petitioner and all signatories to the petition be advised of

Council's decision.

Acting Director Development Services (A/DDS) spoke to the report.

The Mayor advised this is a very comprehensive report and exceptionally well written and

sensitive to the young petitioners who petitioned Council. Also the Chief Executive Officer

(CEO) has spoken with the parents of the principal petitioners and maybe the CEO could give

an outline of how that discussion went.

CEO advised when a Petition is received by Council, Council is required to respond to the

Petition details specifically. The demographics in the analysis shows there is support for a

local skate park at Blacks Beach but it is about where it is on Council's priorities in the

2016/17 year. The CEO advised he had spoken with the parents of the two (2) young

gentlemen principal petitioners and they have started to expand their horizon around a local

skate park versus district versus regional. The parents are appreciative of Council's report and

view and that Council is continuing to look at not only local but wider district and potentially

regional skate parks going forward and would like to be kept informed.

Cr May advised it would be good to keep the principal petitioners engaged in the process

moving forward and the exploration of other options for next year's budget.

The Mayor advised the principal petitioners are very engaged and they are now focused on

the district now.

Cr Bella advised with the debate over the petition for the skate park it has caused questions to

be raised in other areas, it is a relatively contentious issue not only skate parks but shading

over facilities provided by Council. It should be highlighted that this whole process involved

prioritisation both of need using demographics and of funding. The focus on providing a

basic standard to one area before we look at providing the add-ons is very important. If a

skate park is constructed without shading then users have a chose as to when they use the

facility as opposed to residents who don't have a skate park do not have a choice and have no

use. Therefore is it not better to provide provision of the basic facility to as many residents as

possible rather than the add-ons Council is currently being requested to provide. There are

requirements right throughout the Mackay region and once the project is put through the

prioritisation process to see who requires what and whether there is funding available for it.


MIN/07.12.2016 FOLIO 41424



Moved Cr Englert Seconded Cr Gee

Cr Gee spoke in favour of the Motion and the financial stability, sustainability versus

community expectations. To attract visitors to the region for sports tourism, etc which brings

in the regional and district style as an attraction.

CARRIED

8.4 DRAFT MINUTES NATURAL ENVIRONMENT ADVISORY

COMMITTEE

Author Manager Parks, Environment and Sustainability

Purpose

Attached is a copy of the draft minutes of the Natural Environment Advisory Committee

meeting held on 3rd

November 2016 for information purposes and consideration of

recommendations.


The Natural Environment Advisory Committee consists of councillors, council officers,

community members and stakeholder group representatives. The Committee generally meets

bimonthly.


Once accepted by Council, the committee minutes will be circulated to members and be made

available on council’s website.


The interpretive signage can be funded through the 2016/17 educational resources allocation in

the Natural Environment Levy. The community grant applications can be funded from the

2016/17 community environment grant allocation in the Natural Environment Levy.


Nil.


MIN/07.12.2016 FOLIO 41425

Conclusion

Council has been provided with the November Natural Environment Advisory Committee

meeting minutes for information and consideration of recommendations.


THAT the Draft Natural Environment Advisory Committee Minutes dated 3 November

2016 be received.

FURTHER THAT the following recommendations from the Natural Environment

Advisory Committee be endorsed:

a) Consideration be given to installing additional interpretive signage at Sandfly

Creek Environmental Reserve and the Gooseponds;

b) Three community grant applications be supported, funding:

i. Conservation Volunteers Australia, $5,000 for environmental works

including weed control at Woodlands Andergrove;

ii. Conservation Volunteers Australia, $5,000 for environmental works in

remnant bushland at the Gooseponds; and

iii. Conservation Volunteers Australia, $5,000 for marine debris collection,

fauna surveys and community education activities at Sandfly Creek

Environmental Reserve.

c) Council review bond fees for activities in natural areas with a view to increase

bonds to enable costs of environmental damage to be recovered as required.

The Mayor advised the requested funding was covered by the Environmental Levy.




CARRIED


MIN/07.12.2016 FOLIO 41426

8.5 DRAFT MINUTES CHARACTER AND HERITAGE ADVISORY

COMMITTEE

Author Manager Strategic Planning

Purpose

To receive the draft minutes of the Character and Heritage Advisory Committee of the meeting

held on 14 October 2016, for information purposes and consideration of any recommendations.

The biennial Mackay Region Character and Heritage Awards, recommended to be staged again

in 2017, is funded from Strategic Planning's approved operational budget for 2016/2017.


THAT the Draft Character and Heritage Advisory Committee Minutes dated 14 October

2016 be received.

FURTHER THAT the following recommendations from the Character and Heritage

Advisory Committee be endorsed:

a) The Chief Executive Officer be requested to write to Department of Environment

and Heritage Protection requesting that the relisting of the Pine Inlet Lighthouse

as a State Heritage Place be investigated;

b) The biennial Mackay Region Character Heritage Awards be staged again in 2017

as part of the Greenmount Heritage Fair;

c) The Chief Executive Officer be requested to write to Department of Environment

and Heritage Protection expressing community concerns about progress of

building works at the former Commonwealth Bank Building.




Cr Mann (nee Fordham) spoke in favour of the Motion and in relation to the Pine Inlet

Lighthouse the Preservation Committee have decorated the lighthouse with Christmas lights

and conducting tours every weekend leading up to Christmas in an effort to raise funds to have

the Heritage listing reinstated. The funding for the Stage 4 Jubilee Park upgrade has been

sought and the Character and Heritage Advisory Committee are reviewing possible heritage

walks in the City Centre.

CARRIED


MIN/07.12.2016 FOLIO 41427

9. TENDERS:

Nil

10. CONSIDERATION OF NOTIFIED MOTIONS:

Nil

11. PUBLIC PARTICIPATION:

Mrs Kathryn Woodruff of Ocean Avenue, Slade Point spoke at the Committee meeting held on

9 November 3016 about her objections against the dwelling built at 70 Ocean Avenue, Slade

Point and the impact it has had on her quality of life. Mrs Woodruff wanted to clarify a

comment made by Cr May on how a decision that was legal could have such an impact on a

neighbouring property. As Mackay Regional Council (MRC) has discretionary powers it need

not comply with the Queensland Building Corporation or indeed Mackay City Planning

Scheme and it did not. So while the decision was technically legal the Planning Department

did not comply with rules that are put in place to protect the rights of other homeowners.

Mrs Woodruff believes the decision taken by Council amounts to dereliction of duty by the

Planning Department and the decision has done little to improve Council's credibility. She also

believes she has been obstructed by Council in trying to address this matter. This time last year

Mrs Woodruff was advised there was no one in the Planning Department would meet with her

as they had back to back meetings for the foreseeable future. When asking for the date of this

meeting at Council's front desk the staff member was unable to assist.

The Ombudsman has contacted Mrs Woodruff and advised the next step would be for her to

ask MRC for damages and if the request was unsuccessful then to take the matter back to him.

Mrs Woodruff is currently looking at ways to ameliorate the negative impact caused by MRC's

decision including raising the house to regain the light, ventilation and views lost since the

neighbouring property was constructed. This will be a costly procedure and believes MRC

should pay for it and will be applying for damages in the near future.

Mrs Woodruff advised at the November Committee meeting Cr Camm indicated there would

be a meeting this matter and would welcome MRC informing if this meeting went ahead and

what the outcomes were if any.

Mrs Woodruff finished by wishing the Committee a Happy Christmas.

Cr May asked for clarification from the CEO in relation to the dates concerning the meeting

and the availability on Council's Website and what is the plan going forward.

CEO advised as both Cr Camm and the Director of Development Services (DDS) are not in

attendance at today's meeting he would follow up if the meeting occurred and will follow up

with Mrs Woodruff.


MIN/07.12.2016 FOLIO 41428

CEO advised the dates are listed on the MRC Website and will follow up with the officers

involved.

Cr May suggested that when residents come into MRC's customer service area that they not be

directed to the MRC Website that they are informed when the relevant meeting dates are.

CEO agreed and will follow this up with the relevant officers.

The Mayor advised the Deputy Mayor and Chair of the Committee has had some steerage on

this matter but with her absence today and also with the DDS being overseas at the moment this

matter will need to be taken on notice.

Cr May advised Mrs Woodruff she would be updated via the CEO and thanked her for her

attendance at today's meeting.

12. LATE BUSINESS:

The Mayor advised the Committee that there is a meeting scheduled next week with the

stakeholders involved with the Commonwealth Bank Building and hopefully some positive

outcomes will be able to be reported back to the Committee following the meeting.

Cr May queried if it was possible for the Chair of the Character and Heritage Advisory CHAC)

Committee to be included in the meeting.

The Mayor advised he saw no reason why the Chair of CHAC could not also attend the

meeting.

Cr Mann (nee Fordham) advised this matter has been a number of times at the CHAC meetings

on ways to progress this project.

13. CONFIDENTIAL REPORTS:

13.1 APPROVED CONCESSIONS UNDER THE FACILITATING

DEVELOPMENT IN THE MACKAY REGION POLICY

Confidential


THAT the concessions approved under the Facilitating Development in the Mackay

Region Policy are noted.

Moved Cr Mann (nee Fordham) Seconded Cr Gee

CARRIED


MIN/07.12.2016 FOLIO 41429

13.2 DEVELOPMENT SERVICES MONTHLY LEGAL REPORT - NOVEMBER

2016

Confidential Legal Report - Subject To Legal Professional Privilege


THAT the report be received.


CARRIED

14. MEETING CLOSURE:

The meeting closed at 11.02 am.

15. FOR INFORMATION ONLY:

15.1 DEVELOPMENT APPLICATION INFORMATION - 01.11.2016 TO

30.11.2016

For Council Information Only - No Decision Required.

Development Applications Received

App No.

Code / Impact

Address Applicant Description Officer

DA-2003-122/A

Code 5 Brickworks Court, GLENELLA

E-Waste Recycling Australia Pty Ltd

Change to Development Approval - Plan of Development - Material Change of Use - Code Assessment - New Warehouse and Office.

Helle Jorgensen Smith

DA-2004-96/A

Code 339 Bridge Road, WEST MACKAY

Goodstart Early Learning

Change to Development Approval - Change of Conditions - Material Change of Use - Impact Assessment - Childcare Centre

Kathryn Goodman

DA-2010-204/A

Code L 906 Devereux Street, RURAL VIEW

Cardiff Law Extension of Relevant Period - 2 Urban Residential Lots into 60 Lots - Avalon Estate Stages 4-5

Kathryn Goodman

DA-2012-32/A

Code 389 Shakespeare Street, WEST MACKAY

Dorothy J Jorgensen and Steven J Jorgensen

Request to Extend Relevant Period - 4 Years - Multiple Dwelling Units (4)

Kathryn Goodman

DA-2016-106

Code 34-38 Mulherin Drive, MACKAY HARBOUR

Marina International Pty Ltd and Mackay Marina Car

Hotel - (Extension to Existing Clarion Hotel) Brogan Jones

DA-2016-107

Code 171 Whitsunday Drive, BLOOMSBURY

Barrie F Anderson Residential Storage Shed > 85m2 Helle Jorgensen Smith

DA-2016-109

Code 391 Shakespeare Street, WEST MACKAY

Mary G Walsh Dwelling House (Flood & Inundation Overlay) Josephine McCann


MIN/07.12.2016 FOLIO 41430

App No.

Code / Impact


DA-2016-110

Code 143 Wainai Road, FARLEIGH

Vella's Plant Hire Pty Ltd

1 Rural Lot into 2 Rural Lots and Access Easement


DA-2016-111

Code 13 Streeter Avenue, WEST MACKAY

Chon-Ji Pty Ltd Multiple Dwelling Units (4) Josephine McCann

DA-2016-112

Code 37-43 Sunset Drive, ERAKALA

Urban Trend Construction

Dwelling House (Steep Land Overlay) & Residential Storage Shed (Oversized)

TBD

DA-2016-113

Code 2426 Mackay-Eungella Road, MIRANI

Dennis J Breadsell 2 Rural Lots into 3 Lots TBD

Development Applications Entering Decision Making Period

App No. Code /

Impact Address Applicant Description Officer

CAC-2016-91

Code 194 Malcomson Street MOUNT PLEASANT

Cotherstone Pty Ltd

Combined Application - Reconfiguration of a Lot - 1 Commercial Lot into 2 Lots & Preliminary Approval for Material Change of Use - Accommodation Units (109 Room Retirement Village) and Motel (114 Room Hotel)

Brogan Jones

HISARD-2005-7B

Code 0 Cemetery Road SARINA

Pacific Property Developers

Request to Extend Currency Period (4 Years) - Reconfiguration of a lot - Central Park Estate Stages 1 - 10


MCUC-2012-32A

Code 389 Shakespeare Street WEST MACKAY

Dorothy J Jorgensen and Steven J Jorgensen

Request to Extend Relevant Period - 4 Years - Multiple Dwelling Units (4)

Kathryn Goodman

MCUCD-2003-122A

Code 5 Brickworks Court GLENELLA

E-Waste Recycling Australia Pty Ltd

Change to Development Approval - Plan of Development - Material Change of Use - Code Assessment - New Warehouse and Office.


MCUCD-2004-96A

Code 339 Bridge Road WEST MACKAY

Goodstart Early Learning

Change to Development Approval - Change of Conditions - Material Change of Use - Impact Assessment - Childcare Centre

Kathryn Goodman

MCUI-2016-77

Impact 0 Mackay-Bucasia Road BUCASIA

Palagold Pty Ltd and McBay Investments Pty Ltd

Child Care Centre Kathryn Goodman

ROLC-2016-85

0 Mount Ossa-Seaforth Road SEAFORTH

Seaforth Pines Property Pty Ltd

Boundary Realignment - 2 Rural Lots into 2 Lots Darryl Bibay

Development Applications Finalised

App No. Code /

Impact Address Applicant Description Officer

Negotiated Decision

CAI-ASPA-2011/21

Code 557 Grasstree Road SARINA QLD 4737

Bepkel Pty Ltd Preliminary Approval under s242 affecting the Planning Scheme to regulate development as though it were code assessable for a Rural Tourist Facility and Reconfiguration of a Lot

Julie Brook

MCUI-ASPA-2016/57

Impact 2644 Mackay-Eungella Road MIRANI QLD 4754

Optus Mobile Pty Ltd

Major Utility (Telecommunication Facility) Helle Jorgensen Smith

Application Withdrawn

MCUC-ASPA-2015/77A

Code 7 Evolution Drive PAGET QLD 4740

Taipan Corporation Pty Ltd

Permissible Change - Change to Plan of Development - General Industry (Pre-Delivery Centre)

Kathryn Goodman


MIN/07.12.2016 FOLIO 41431

App No. Code / Impact


Approved Subject to Conditions

MCUC-ASPA-2015/158

Code 106 Nebo Road WEST MACKAY QLD 4740

Canegrowers Holdings Pty

Motel (89 Rooms), Catering Shop and Shop (Liquor Barn)

Brogan Jones

MCUC-ASPA-2016/103

Code 59 Mdina Drive HABANA QLD 4740

Terence P Duncan and Barbara J Duncan

Residential Storage Shed > 85sqm and Steep Land Overlay

Kathryn Goodman

MCUC-ASPA-2016/107

Code 171 Whitsunday Drive BLOOMSBURY QLD 4799

Barrie F Anderson Residential Storage Shed > 85m2 Helle Jorgensen Smith

MCUC-ASPA-2016/109

Code 391 Shakespeare Street WEST MACKAY QLD 4740

Mary G Walsh Dwelling House (Flood & Inundation Overlay) Josephine McCann

MCUC-ASPA-2016/75

Code 115 Apsley Way ANDERGROVE QLD 4740

Bradley T Maley and Kerry A Maley

Residential Storage Shed >85m2 Darryl Bibay

MCUC-ASPA-2016/90

Code 34-36 Centurion Drive PAGET QLD 4740

MBC Builders General Industry (Vehicle Holding Yard) Brogan Jones

MCUC-ASPA-2016/92

Code 174-176 Maggiolo Drive PAGET QLD 4740

Jason T Sharam and Peter S Shaw

General Industry ( Office, Showroom, Storage & Workshop)

Kathryn Goodman

MCUC-ASPA-2016/95

Code 179 Balberra Road BALBERRA QLD 4740

Sandringham Farm

Rural Industry Darryl Bibay

MCUC-ASPA-2016/98

Code 119 Ian Reddacliff Drive THE LEAP QLD 4740

Scott A Sutherland Residential Storage Shed Helle Jorgensen Smith

MCUI-ASPA-2015/148

Impact Securities Lease 1232 Snow Wright Court ANDERGROVE QLD 4740

Kucom Theatre Incorporated

Local Community Facility - KUCOM Theatre (with ancillary public performance).

Josephine McCann

MCUI-ASPA-2016/87

Impact 14 Ware Avenue SARINA QLD 4737

2 Deadly Hands Home Based Business (Massage Therapy) Josephine McCann

ROLC-ASPA-2010/284B

Code 5 Wilson Street WEST MACKAY QLD 4740

Parkside Group Change to Development Approval - Plan of Development 1 Higher Density Residential Lot into 13 Lots (Stage 1 - 3 Lots & Stage 2 - 10 Lots)

Kathryn Goodman

ROLC-ASPA-2013/88A

Code 12 Petersen Street NORTH MACKAY QLD 4740

Oliver J Simelhay Request to Extend Relevant Period - 1 High Density Lot into 2 Lots

Brogan Jones

ROLC-ASPA-2016/101

Code 61 Whitsunday Drive BLOOMSBURY QLD 4799

Garry Poole 1 Rural Lot into 3 Lots & Access Easement Josephine McCann

ROLC-ASPA-2016/56

Code 1324 Bruce Highway FARLEIGH QLD 4741

Carly Owens Boundary Realignment - 2 Rural Lots into 2 Lots

Darryl Bibay

ROLC-ASPA-2016/86

Code 34 Hamilton Street NORTH MACKAY QLD 4740

Kylie M Smith 1 Urban Residential Lot into 5 Lots Josephine McCann

Relevant Period Extended

MCUC-ASPA-2011/330B

Code 55 Grendon Street NORTH MACKAY QLD 4740

Visual Developments Pty Ltd

Extension of Relevant Period - Multiple Dwelling Units (13)

Darryl Bibay

RECONF-IDAS-2008/405C

Code L 901 Yakapari-Seaforth Road SEAFORTH QLD 4741

Dumfries Seaforth Pty Ltd

Extension of Relevant Period (4 Years) - Reconfiguration of 1 lot into 32 Village Lots plus 2 Bioretention Lots

Darryl Bibay

ROLC-ASPA-2011/48A

Code L 900 Moonlight Drive SARINA QLD 4737

Racesea Pty Ltd Extension of Relevant Period (4 Years) Ocean View Estate - Stage 5 (19 Lots) & Stage 6 (16 Lots)

Josephine McCann


MIN/07.12.2016 FOLIO 41432

App No. Code / Impact


ROLC-ASPA-2014/35A

Code 33 Gannet Street SLADE POINT QLD 4740

Debbie A Stritzke Extension of Relevant Period (2 Years) - 1 Urban Residential Lot into 2 Lots

Brogan Jones

Consent Order Issued

MCUI-ASPA-2014/77

Impact 331 Rocky Waterholes-Wollingford Road MARIAN QLD 4753

Margaret A Zammit and Simon P Zammit

Home Based Business (Office) & Undefined Land Use (Civil Contractor Equipment Storage)

Matthew Ingram

Confirmed on Wednesday 8 February 2017

………………………………………

CHAIRPERSON


MIN/07.12.2016 FOLIO 41433

APPENDIX / ATTACHMENTS


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MIN/07.12.2016 FOLIO 41436


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MIN/07.12.2016 FOLIO 41438


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