INDEX – AGENDA€¦ · Blackwater Quarries & Concrete Pty Ltd Coorooah Road, Blackwater, (Lot 1...

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General Meeting of Council MINUTES Meeting held in the Central Highlands Regional Council Chambers, Emerald Office Tuesday 3 May 2011 Commenced at 9.00am

Transcript of INDEX – AGENDA€¦ · Blackwater Quarries & Concrete Pty Ltd Coorooah Road, Blackwater, (Lot 1...

Page 1: INDEX – AGENDA€¦ · Blackwater Quarries & Concrete Pty Ltd Coorooah Road, Blackwater, (Lot 1 on RP616769). August 2010 Unknown Black River Quarry Blackwater – Cooroorah Road

General Meeting of Council

MINUTES

Meeting held in the Central Highlands Regional Council Chambers, Emerald Office

Tuesday 3 May 2011

Commenced at 9.00am

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CENTRAL HIGHLANDS REGIONAL COUNCIL

GENERAL MEETING OF COUNCIL

TUESDAY 3 MAY 2011

MINUTES CONTENTS

PRESENT ......................................................................................................................................................................... 2

APOLOGIES/LEAVE OF ABSENCE ............................................................................................................................... 2

CONFIRMATION OF MINUTES OF PREVIOUS MEETING ............................................................................................ 2

General Council Meeting : 18 April 2011 ...................................................................................................................... 2

MATERIAL PERSONAL INTEREST, PERSONAL GIFTS & BENEFITS & CONFLICT OF INTEREST ....................... 2

Local Disaster Management Group Meeting: 6 April 2011 .......................................................................................... 2

ENVIRONMENT & PLANNING SEGMENT ..................................................................................................................... 2

Dog Pound Upgrade Proposal ....................................................................................................................................... 3

1.1 - 4079/10 – Nationwide Quarries Pty Ltd C/- Scot Stewart Town Planning Consultant – Blackwater-Cooroorah Road, Blackwater – Material Change of Use & ERA – Concrete Batching Plant ......................................................... 3

1.2 – D646/07 – Shelda Pty Ltd (Mattingley) – Macaulay Road, Emerald – Reconfiguration of Lot (43 Industrial lots) ....................................................................................................................................................................................... 6

1.3 – TP012/08E – Alan & Terre Mann – 108 Baker Street, Emerald – Material Change of Use – Recreation to Residential Precinct ..................................................................................................................................................... 13

1.4 – 4059/10 – Stienie Fouche (Brian Birch) – 35 Pritchard Road, Emerald – Material Change of Use – Extension to Existing Accommodation Building (28 units) ........................................................................................................... 15

1.5 – 4095/10 – JARKL Trust (The Joshua Trust & Laverack Family Trust – Adam Thompson) – 65 Retro Street, Emerald – Material Change of Use – Multiple Dwelling (6 units) .................................................................... 21

1.6 – 4097/10 – Doug Phelps C/- Murray & Associates Qld Pty Ltd – Cnr Dennis Avenue & Codenwarra Road, Emerald – Reconfiguration of Lot (3 Rural Residential lots) ....................................................................................... 27

1.7 – 4105/10 – Paul Kelly C/- Murray & Associates (Qld) Pty Ltd (Ashtina Sand & Gravel) – Braeside Road, Emerald – Material Change of Use – Dual Occupancy ............................................................................................... 32

1.8 – 4106/10 – P & J Millin C/- Murray & Associates (Qld) Pty Ltd – Glengallan Road, Emerald – Reconfiguration of Lot (2 lots) .................................................................................................................................................................... 35

1.9 – 4005/11 – National Plant & Equipment Hire C/- Murray & Associates (Qld) Pty Ltd – Industrial ....................... 39

Drive, Emerald – Material Change of Use (Low Impact Industry) ............................................................................... 39

Delegated Approvals ................................................................................................................................................... 44

GOVERNANCE & COMMUNITY SERVICES’ SEGMENT ............................................................................................ 44

Operational Plan – March 2011 Quarter ..................................................................................................................... 44

EXECUTIVE MANAGER CORPORATE STRATEGY ................................................................................................... 45

Western Qld Local Government Association 75th Conference – Winton 13-14 April 2011 ........................................ 45

EXECUTIVE MANAGER AREA SERVICES .................................................................................................................. 45

Road Closure Oak Street Blackwater .......................................................................................................................... 45

CHIEF FINANCIAL OFFICERS REPORT ...................................................................................................................... 45

Offer of QTC Loan Facility ........................................................................................................................................... 45

Fees and Charges for 2011/2012 ................................................................................................................................ 46

CLOSED SESSION ........................................................................................................................................................ 46

Into Closed Session ..................................................................................................................................................... 46

Out of Closed Session ................................................................................................................................................. 46

CLOSED SESSION ........................................................................................................................................................ 46

Into Closed Session ..................................................................................................................................................... 46

Out of Closed Session ................................................................................................................................................. 46

QTC Long Term Sustainability Model.......................................................................................................................... 47

Review Proposed Master Development Plan Development located at Selma Road, Emerald .................................. 47

GENERAL BUSINESS ................................................................................................................................................... 47

CLOSURE OF MEETING ............................................................................................................................................... 48

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MINUTES – GENERAL COUNCIL MEETING – TUESDAY 3 MAY 2011 – PAGE 2

MINUTES – GENERAL MEETING HELD AT 9.00AM TUESDAY 3 MAY 2011 IN THE CENTRAL HIGHLANDS REGIONAL COUNCIL CHAMBERS, EMERALD OFFICE PRESENT Councillors Councillor (Cr) P. Maguire (Mayor) Councillors (Crs) P. Bell AM, D. Brimblecombe, P. Bulger, K. Hayes, P. Haylock, G. Nixon, R. Rolfe & P. Schwarz Officers Chief Executive Officer B. Ottone, General Manager Civil Operations B. Turner, General Manager Governance & Community Services P. Brumley, General Manager Environment & Planning P. Day, General Manager Commercial Services C. Dziewicki, Executive Manager Corporate Strategy B. Duke, Executive Manager Area Services G. Frangos, Chief Financial Officer A. Brown Manager Development Services L. Lankowski, Manager Communications M. Sidhu APOLOGIES/LEAVE OF ABSENCE Nil

CONFIRMATION OF MINUTES OF PREVIOUS MEETING

General Council Meeting : 18 April 2011 Resolution: Cr Rolfe moved and Cr Schwarz seconded ‘That the minutes of the above meeting, as printed and circulated to members, and with a minor amendment, be adopted.’

Carried Business Arising Out Of Minutes Correction to number of Delegated Approvals being received. Should be seven delegated approvals not five.

MATERIAL PERSONAL INTEREST, PERSONAL GIFTS & BENEFITS & CONFLICT OF INTEREST Cr Hayes declared a Conflict of Interest in Town Planning Item 1.8 – 4106/10

COMMITTEE RECOMMENDATIONS/NOTES

Local Disaster Management Group Meeting: 6 April 2011 Resolution: Cr Brimblecombe moved and Cr Hayes seconded ‘That the minutes of the above meeting, as printed and circulated to members, be adopted.’ Carried

ENVIRONMENT & PLANNING SEGMENT

SUSPENSION OF STANDING ORDERS

Council suspended standing orders due to MEH G. Atherfold attending the Liquor Accord Meeting in place of GME&P P. Day. The Environment and Planning Segment was to be considered out of sequence. MEH Atherfold attended the meeting.

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MINUTES – GENERAL COUNCIL MEETING – TUESDAY 3 MAY 2011 – PAGE 3

Dog Pound Upgrade Proposal Resolution: Cr Bulger moved and Cr Rolfe seconded ‘That: (i) Council adopt a proposal that discussions continue between the RSPCA (State Body), Emerald

Friends of the RSPCA and Council Officers to facilitate a memorandum of understanding to establish an Animal Shelter in Emerald.

(ii) On conclusion of the negotiations in resolution (i), a further report be presented to Council on the outcome of the negotiations. This will include any agreement reached and financial planning for the project.

(iii) Council adopt a resolution to build and maintain regional holding pens/facilities for dogs and cats in Blackwater and Capella, and the current Springsure Animal Management Centre be maintained and reclassified as holding pens/facilities.’

Carried Attendance MEP G. Atherfold left the meeting at 9.10am Attendance Cr P. Haylock entered the meeting at 9.12am Cr P. Bell entered the meeting at 9.12am Full Council Former Shire of Duaringa 1.1 - 4079/10 – Nationwide Quarries Pty Ltd C/- Scot Stewart Town Planning Consultant – Blackwater-Cooroorah Road, Blackwater – Material Change of Use & ERA – Concrete Batching Plant Application No: 4079/10 Applicant: Nationwide Quarries Pty Ltd C/- Scot Stewart Owner: Nationwide Quarries Pty Ltd Site Address: Blackwater – Cooroorah Road, Blackwater. Real Property Description: Lot 1 on RP616769 Area of Land: 40ha Current Use of Land: Extractive Industry Applicant’s Name: Nationwide Quarries Pty Ltd C/- Scot Stewart Applicant’s Address: 59 St Catherine’s Terrace, Wynnum QLD 4178. Applicable Planning Scheme: Duaringa Shire Planning Scheme, 2007. Zone: Rural Proposal: Material Change of Use – High Impact Industry – Concrete

Batching Plant (Maximum 10,000m³ per annum) and Environmentally Relevant Activity 43 Concrete Batching.

Approval Type: Development Permit Development Type: Material Change of Use and Environmentally Relevant Activity Level of Assessment: Impact Referral Agencies: Department of Environment and Resource Management -

Concurrence Agency SunWater – Third Party Advice Submissions: Nil Attachments: Locality Map

Plans of Development Referral Agency Responses

Resolution: Cr Bell moved and Cr Hayes seconded ‘That the applicant, Nationwide Quarries Pty Ltd, be advised that the application for a Development Permit for Material Change of Use to establish a High Impact Industry and Environmentally Relevant Activity No. 43 on land at Blackwater-Cooroorah Road, Blackwater and described as Lot 1 on RP616769 is approved subject to the following conditions:

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MINUTES – GENERAL COUNCIL MEETING – TUESDAY 3 MAY 2011 – PAGE 4

1. APPROVED USE The use permitted as part of this approval is High Impact Industry – Concrete Batch Plant. This approval has a currency period of four (4) years and will remain in force until 3 May 2015. Should the development not be completed within this timeframe, this approval will lapse. A new application will need to be made to Council, unless an approval has been obtained for an extension of this period. Timing: To be maintained at all times after commencement of use.

2. APPROVED PLAN

The use shall be carried out in accordance with the stamped approved plans and documentation as detailed in the following schedule and any amendments arising through conditions to this approval:

Drawing/Document Title Revision

No/ Sheet No.

Date Prepared by

Untitled – site plan 2007 Google Site Based Management Plan – Concrete Batching Plant Blackwater Quarries & Concrete Pty Ltd Coorooah Road, Blackwater, (Lot 1 on RP616769).

August 2010 Unknown

Black River Quarry Blackwater – Cooroorah Road For Blackwater Quarries & Concrete Site Layout

A Sheet 1 of 2

11.08.10 McMurtrie Consulting Engineers

Black River Quarry Blackwater – Cooroorah Road For Blackwater Quarries & Concrete Detail Layout

A Sheet 2 of 2

11.08.10 McMurtrie Consulting Engineers

MD 29.6m³ Low Profile Cement Storage Silo c/w Screw Conveyor & MB W/Batcher General ARRGT

A1 4.10.99 Tylden Equipment Sales Pty Ltd

The scale of this Concrete Batching Plant is limited to 10,000m³ per annum. Timing: To be maintained at all times after commencement of use.

3. AMENITY – EMISSION OF NOISE, VIBRATION, ETC. Operate the use so that there is no interference with the amenity of the area or detrimental affect on any person by reason of the emission of noise, vibration, smell, fumes, smoke, vapour, steam, soot, ash, waste water, waste products, grit, oil or otherwise. Timing: To be maintained at all times after the commencement of the use.

4. AMENITY - LIGHTING

Angle or shade lighting used to illuminate any areas of the premises must be erected so the light does not directly illuminate or cause any environmental nuisance (eg. glare) to any nearby premises or roadways.

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MINUTES – GENERAL COUNCIL MEETING – TUESDAY 3 MAY 2011 – PAGE 5

Timing: To be maintained at all times after the commencement of use.

5. WORKS – APPLICANTS EXPENSE

All works, services, facilities and/or public utility alterations required by this approval or stated condition/s, whether carried out by Council or otherwise, are to be at the developer’s expense unless otherwise specified. Timing: Prior to commencement of use.

6. HOURS OF OPERATION

The hours of operation are limited to between 6:30 am and 6:30 pm Monday to Saturday. The use is not permitted to operate on Sundays or public holidays.

Timing: To be maintained at all times after the commencement of the use.

7. DEVELOPMENT STANDARDS – HAUL ROUTE The applicant is to ensure that the entire proposed haul route from the entrance of the site to the start of the Main Roads section of Blackwater Cooroorah Road meets Council’s minimum sealed road standard, namely a 7m wide seal on an 8m road formation. All costs associated with any required upgrade works are to be borne by the applicant. All works within the road reserve require approval from Council under an Operational Works application. Timing: To be maintained at all times after the commencement of use.

8. DEVELOPMENT STANDARDS – ACCESS

a) Physical access to and from the site must be provided in accordance with the Capricorn Municipal Design Guidelines Standard Drawing No. CMDG-R-040, Revision C to meet the minimum requirements specified for accesses along sealed roads, including sealing the access from the edge of bitumen on Blackwater Cooroorah Road to the property boundary. All works within the road reserve require approval from Council under an Operational Works application.

b) All vehicles must enter and exit the site in a forward direction. Timing: a) Prior to commencement of use and at all times thereafter. b) At all times.

9. EXTRACTIVE INDUSTRY - EXTERNAL ROADWORKS CONTRIBUTIONS External Road Works contributions must be paid in quarterly instalments based on a rate of 7 cents per tonne of the quantity of extracted material removed by road from the site during the previous quarter. You are advised the contribution rate is subject to periodic review.

Documentary evidence must be provided confirming the quantity of material extracted and carted from the site during the previous quarter. This information must be lodged, together with the applicable licence fee within the first fourteen (14) days of each quarter. Timing: To be maintained at all times after commencement of use.

10. DEVELOPMENT STANDARDS – STORMWATER DRAINAGE – GENERAL

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MINUTES – GENERAL COUNCIL MEETING – TUESDAY 3 MAY 2011 – PAGE 6

All stormwater, with the exception of rainwater captured onsite in rainwater tanks, is to be drained from the site and carried without causing annoyance or nuisance to any person. The lawful point of discharge for stormwater is the natural water course onsite

All works must be designed in accordance with the Capricorn Municipal Development Guidelines (CMDG) and the Queensland Urban Drainage Manual (QUDM). Timing: Prior to commencement of the use and at all times thereafter.

11. EROSION AND SEDIMENT CONTROL - GENERAL a) An Erosion and Sediment Control Plan (ESCP) is to be submitted with engineering drawings

for the approval of the Chief Executive Officer, or delegate. Erosion and Sediment Control Plans shall be prepared in accordance in accordance with the Capricorn Municipal Development Guidelines.

b) The requirements of the approved Erosion and Sediment Control Plan are to be implemented on site.

Timing: a) Prior to site clearing, construction or commencement of earthworks. b) While site and/or building works are occurring.

12. POTABLE WATER SUPPLY A 47,000 litre potable water supply shall be supplied onsite.

Timing: Prior to commencement of the use and at all times thereafter.

13. SITE REHABILITATION

a) The site must be rehabilitated by the applicant within 12 months post cessation of the use. b) A rehabilitation plan must be submitted to the Chief Executive Officer, or delegate for

approval prior to rehabilitation works occurring.

Timing: a) Within 12 months post cessation of the approved use. b) Prior to rehabilitation works occurring.

CONCURRENCE AGENCY CONDITIONS 1. Department of Environment and Resource Management Refer to Attachment 1 for copy of response. EPA Permit Number: SPEC01002910 Date of Decision: 23 September 2010.’ Carried

Former Shire of Emerald 1.2 – D646/07 – Shelda Pty Ltd (Mattingley) – Macaulay Road, Emerald – Reconfiguration of Lot (43 Industrial lots) Application No: D646/07 Applicant: Shelda Pty Ltd Owner: Shelda Pty Ltd as Trustee D.C. & S.M. Mattingley Trust

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MINUTES – GENERAL COUNCIL MEETING – TUESDAY 3 MAY 2011 – PAGE 7

Site Address: Macauley Road, Emerald Real Property Description: Lot 68 on SP174989 Area of Land: 19.78 hectares Current Use of Land: Industrial Contact Name: Darryl Mattingley Applicant’s Address: PO Box 389, Emerald Qld 4720 Applicable Planning Scheme: Emerald Shire Planning Scheme (2007) Zone: Town Zone: Industrial Precinct Proposal: Reconfiguration of a Lot: Staged 1 into 42 lot industrial

subdivision Approval Type: Development Permit Development Type: Reconfiguring a Lot Level of Assessment: Code Referral Agencies: Department of Main Roads (Concurrence)

Queensland Transport (Concurrence) Environmental Protection Agency - Contaminated Land Unit (Concurrence) Environmental Protection Agency (Third Party Advice) Department of Natural Resources and Water (Third Party Advice)

Attachments: Locality Map Proposal Plan Referral Agency Responses

Resolution: Cr Haylock moved and Cr Nixon seconded ‘That the applicant, Shelda Pty Ltd, be advised that the application for approval of a Reconfiguration of a Lot (Staged 1 into 42 lot industrial subdivision) on land at Macauley Road, Emerald described as Lot 68 on SP174989 is approved subject to the following conditions:

1. GENERAL - APPROVED PLANS AND DOCUMENTS Carry out the development in accordance with Drawing Number 08211301, titled “Shelda Pty Ltd; Mattingley Industrial Park Estate Stage 4; Macauley Street, Emerald; STAGE 4 LOT LAYOUT” as prepared by Brandon & Associates Pty Ltd and dated 28.06.10 and this plan shall form part of this approval, unless otherwise amended by conditions of this approval.

Timing: Prior to the release of Survey Plan/s.

2. GENERAL – CURRENCY PERIOD This approval has a currency period of four (4) years and will remain in force until 3 May 2015. Should the development not be completed within this timeframe this approval shall lapse and a new application will need to be made to Council, unless an approval has first been obtained for an extension of this period. Timing: Prior to the release of Survey Plan/s.

3. GENERAL - APPROVED PLANS – PLAN CERTIFICATION

Provide certification from a Cadastral Surveyor that the proposed allotments accord with the approved plans. Timing: Prior to the release of Survey Plan/s

4. GENERAL – RELEASE OF SURVEY PLANS Council will not endorse or release the Survey Plans for this development until such time as: (a) all conditions attached to this approval have been met in full; and (b) all outstanding rates and charges relating to the site have been paid.

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MINUTES – GENERAL COUNCIL MEETING – TUESDAY 3 MAY 2011 – PAGE 8

Guideline: Where a condition requiring infrastructure upgrades or works has not been carried out to Council’s satisfaction, Council may consider accepting a bond for the uncompleted works. The bond amount shall be 150% of the value of works to be completed.

Timing: Prior to the release of Survey Plan/s.

5. GENERAL – BUILDINGS AND ENCUMBRANCES

Provide evidence that all buildings and structures located on, or under construction on the site are fully contained on a single allotment within the proposed development. Where any part of a building or structure is found to cross a property boundary the encumbrance must be resolved by either: i) Removing the encumbrance; or ii) Submitting an amended plan of subdivision identifying the encroachment, and showing a

revised boundary alignment. Timing: Prior to the release of Survey Plan/s.

6. DEVELOPMENT STANDARDS – ROADS – CONSTRUCTION WORKS Design and construct all roads serving this development, including necessary connections to the existing road network and State-controlled road, in accordance with the Capricorn Municipal Development Guidelines as specified below. All intersections are to be designed to meet Austroads’ Guide to Traffic Engineering Practice – Part 5: Intersections at Grade. Design plans for all new road works and drainage works within the road reserve must be lodged and approved by Council prior to construction. a) External Road Network All works carried out on Council’s road network shall be designed and constructed as follows: Macauley Road Design and construct an extension of Macauley Road to continue the existing standard of road to the full frontage of the proposed development including associated kerb and channel, footpaths, streetlighting and drainage works in accordance with the Capricorn Municipal Development Guidelines Figure D1.06.6 Industrial Access – Standard Cross Section, and Table D1.06.11 Industrial Access – Deemed to Comply Requirements. The extension shall provide upgraded road access to the full frontage of the site. Baker Street Road Reserve (Western Boundary Frontage) No access is permitted to or from the Baker Street road reserve. b) Internal Road Network Design and construct all roads within this development, including necessary connections with the external road network and associated kerb and channel, footpaths, streetlighting and drainage works in accordance with the Capricorn Municipal Development Guidelines. Timing: a) Prior to the release of Survey Plan/s for Stage 7 of this development; b) Prior to the release of Survey Plan/s for each respective stage of this development.

7. DEVELOPMENT STANDARDS – FLOOD IMMUNITY – MINIMUM FINISHED SURFACE AND MINIMUM FINISHED FLOOR LEVEL FOR NEW BUILDINGS a) Design and construct the development to provide a minimum finished surface level of 176.8m

AHD.

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MINUTES – GENERAL COUNCIL MEETING – TUESDAY 3 MAY 2011 – PAGE 9

b) All future buildings must have a minimum finished floor level at least 300mm above the highest known flood level. Council notes the subject site was inundated during the 2010 flood event. Flood mapping shall be available for public viewing in the near future.

Timing: a) Prior to the release of Survey Plan/s. b) Prior to the release of a Certificate of Classification for future buildings on site.

8. DEVELOPMENT STANDARDS – STORMWATER DRAINAGE – GENERAL The developer/owner shall design and construct drainage systems for the subject land, and that drainage shall be carried to a point where it may be lawfully discharged (e.g. Macauley Road) without causing annoyance or nuisance to any person. The drainage system shall: (a) Adequately cater for all stormwater draining to the land, or stormwater flow paths, which are

interfered with by the development, or filling of the subject land; (b) Provide drainage easements, free of cost and compensation in Council’s favour, over any

new drainage works on the land, should such be required. The drainage system is to be designed to cater for a fully developed upstream catchment; and

(c) Not discharge to the drainage channel to the north of the site without the prior written approval of SunWater.

Timing: Prior to the release of Survey Plan/s.

9. DEVELOPMENT STANDARDS – STORMWATER DRAINAGE

Design and construct at no cost to Council, stormwater drainage works in accordance with the Capricorn Municipal Development Guidelines or Queensland Urban Drainage Manual to meet the following requirements: (a) Piped drainage designed to cater for a 5 year ARI storm event and unobstructed overland

flow paths to cater for a 100 year ARI storm event. (b) Grade all lots to ensure they are self-draining at a minimum grade of 1 in 100. Timing: Prior to the release of Survey Plan/s.

10. DEVELOPMENT STANDARDS – STORMWATER MANAGEMENT

(a) Stormwater run-off from the site is to be controlled so as to minimise the potential for erosion.

(b) Maintain the stormwater drainage devices until such time as the development is ‘off maintenance’.

Guideline: The applicant/owner shall be held responsible for the removal of any soil eroded and

transferred from the site to adjacent properties or drainage systems as a result of the construction of this development.

Timing: During construction and prior to the release of the development off maintenance.

11. WATER SUPPLY AND SEWERAGE CONNECTIONS The development is to be connected to Council’s reticulated water supply and sewerage systems. All works must be carried out in accordance with the Capricorn Municipal Development Guidelines and Council’s standards. The developer is responsible for all costs associated with the connection and inspection of the proposed works and any upgrading of infrastructure required to service this development. Sewer and water trunk infrastructure will need to be extended to the boundary of the development. The developer must enter into an infrastructure agreement with Council to provide this necessary infrastructure, which agreement will enable the cost of constructing this infrastructure to be deducted from the headworks contributions.

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Timing: Prior to the release of Survey Plan/s.

12. WATER AND SEWERAGE HEADWORKS

The developer must pay a contribution towards water supply and sewerage headworks in accordance with Emerald Shire Council’s Planning Scheme Policy No. 2 – Water Supply Undertaking Headworks Contributions, and Planning Scheme Policy No. 3 – Sewerage Undertaking Headworks Contributions. These contributions shall be based on an equivalency ratio of 40.0 equivalent persons (EP) per hectare (excluding gazetted roads and reserves). The applicable rate is assessed at $1,255.00 per EP for water supply, and $1,361.00 per EP for sewerage. The total amount of contribution is calculated as follows:

Water: $1,255.00 / EP x (40 x 14.152) = $710,430.40 Sewerage: $1,361.00 / EP x (40 x 14.152) = $770,434.88 The contribution applicable per stage of this development is outlined below: Stage 4 – Proposed Lots 10 – 20 and 68 – 70 (14 Lots – 5.9615ha) Water: $1,255.00 / EP x (40 x 5.9615) = $299,267.30 Sewerage: $1,361.00 / EP x (40 x 5.9615) = $324,544.06 Stage 5 – Proposed Lots 21 – 24 and 71 – 73 (7 Lots – 2.8102ha) Water: $1,255.00 / EP x (40 x 2.8102) = $141,072.04 Sewerage: $1,361.00 / EP x (40 x 2.8102) = $152,987.28

Stage 6 – Proposed Lots 25 – 27 and 74 (4 lots – 1.3129ha) Water: $1,255.00 / EP x (40 x 1.3129) = $65,907.58 Sewerage: $1,361.00 / EP x (40 x 1.3129) = $71,474.28 Stage 7 – Proposed Lots 28 – 37 and 55 – 61 (17 Lots – 4.0674ha) Water: $1,255.00 / EP x (40 x 4.0674) = $204,183.48 Sewerage: $1,361.00 / EP x (40 x 4.0674) = $221,429.25 Timing: Prior to the release of Survey Plan/s for each respective stage.

13. DEVELOPMENT STANDARDS – EASEMENTS

Provide a 4.0 metre wide easement to contain all water supply and sewerage infrastructure required to services the development. Where possible, the sewerage infrastructure must run parallel to the lot boundary and be offset within the lot by 2.0 metres. Provide a 4.0 metre wide easement to contain all stormwater infrastructure required to adequately drain the site, including overland flow paths. All easements required to comply with this condition must be free of cost and compensation to the Council. Timing: Prior to the release of Survey Plan/s.

14. DEVELOPMENT STANDARDS – PROVISION OF ELECTRICITY

Provide underground electricity to each additional allotment within this development.

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Guideline: Council will not endorse or release the Survey Plans for this development until all relevant requirements of CP1.27.4 of the Capricorn Municipal Development Guidelines are met and a copy of Ergon Energy’s Certificate of Acceptance has been received.

Timing: Prior to the release of Survey Plan/s.

15. DEVELOPMENT STANDARDS – PROVISION OF TELECOMMUNICATIONS Provide underground telecommunication services to all additional allotments within this development. Timing: Prior to the release of Survey Plan/s.

16. DEVELOPMENT STANDARDS – STREET TREES

Provide a minimum of one (1) additional street tree per lot to all road frontages of this development. The actual locations of these trees shall be determined during Operational Works, but shall be located such to avoid encroachment on any works or services within the road reserves fronting, or proposed within this development. Timing: Prior to the release of Survey Plan/s.

17. RECONFIGURING A LOT – OPEN SPACE CONTRIBUTION

Pay a contribution towards the provision of open space (i.e. public garden or recreation space) within the local area at the rate current at the time of payment. The current applicable rate is $3,180.00 per additional allotment. A credit has been given to the existing allotment and accordingly the total amount of open space contribution payable is currently calculated at $130,380.00. This contribution may be paid in stages, at the following rates: Stage 4 – Proposed Lots 10 – 20 and 68 – 70 (14 Lots) $3,180.00 / lot x 14 – 1 (credit) = $41,340.00 Stage 5 – Proposed Lots 21 – 24 and 71 – 73 (7 Lots) $3,180.00 / lot x 7 = $22,260.00 Stage 6 – Proposed Lots 25 – 27 and 74 (4 lots) $3,180.00 / lot x 4 = $12,720.00 Stage 7 – Proposed Lots 28 – 37 and 55 – 61 (17 Lots) $3,180.00 / lot x 17 = $54,060.00 Timing: Prior to the release of Survey Plan/s for each respective stage.

18. DEVELOPMENT STANDARDS – CIVIL WORKS CONSTRUCTION AND MAINTENANCE

PERIOD All works, services, facilities and/or public utility alterations required by this approval or stated condition/s, whether carried out by the Council or otherwise, shall be at the applicant/owner’s expense unless otherwise specified. The construction of all the works shall be undertaken in accordance with good engineering practice and workmanship and generally in accordance with the provisions of the Capricorn Municipal Development Guidelines.

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The applicant/owner shall be responsible for the maintenance of all works associated with the proposal for a period of 12 months after practical completion of the works. A bank guarantee or other security acceptable to Council, for an amount equal to 5% of the construction cost of the works for which Council will become responsible shall be lodged prior to the signing and sealing of any survey plan over the proposed allotments. The maintenance period referred to in this condition shall be extended by Council in the event of: (a) major repairs having been carried out to the works during the maintenance period; (b) unsatisfactory operation of mechanical or electrical equipment during the maintenance period; (c) the Plan of Survey not being registered at the conclusion of the maintenance period (including

any extended maintenance period); and/or (d) erosion or sediment control is not operating or maintained satisfactorily. Timing: Prior to the release of Survey Plan/s.

19. DEVELOPMENT STANDARDS – CIVIL WORKS CONSTRUCTION – START OF WORKS

Work shall not commence on the construction (or upgrading) of any proposed (or existing) road, park or other facility under (or proposed to be transferred to) the control, trusteeship or ownership of Council until: (a) All engineering plans, drawings, specifications, drainage calculations and plans for electricity

reticulation and street lighting (as prepared by a consulting electrical engineer or electricity provider) for the work have been lodged for Council approval;

(b) Council’s written approval for (a) has been issued; and (c) Any appeal, lodged against Council’s decision to approve (with or without conditions) the

development application, has been decided or resolved. Timing: Prior to the release of Survey Plan/s.

20. DEVELOPMENT STANDARDS – CIVIL WORKS CONSTRUCTION – SUPERVISION OF WORKS

The construction of all works associated with the proposal shall be supervised by a registered engineer whose appointment shall require the approval of the Chief Executive Officer or delegate. On completion of the works the applicant/owner shall give to the Council a Certificate from the engineer stating that the work of constructing the operational works has been completed in accordance with the plans and specification approved by Council. Plans showing ‘as constructed’ details of the operational works shall be submitted to Council in electronic DWG or DXF format prior to the commencement of the use. ‘As constructed’ details will be provided in the approval for Operational Works associated with this development. Timing: Prior to the release of Survey Plan/s.

21. DEVELOPMENT STANDARDS – CIVIL WORKS CONSTRUCTION - HOURS OF OPERATION Limit the hours of operation for the construction of all works within the development to between six o’clock in the morning (6:00 a.m.) to six o’clock in the evening (6:00 p.m.) Monday to Saturday. Construction works are not permitted to be carried out on Sunday or public holidays without the prior written approval of the Chief Executive Officer. Timing: During construction of Operational Works associated with this development.

22. RECONFIGURING A LOT – PERMANENT SURVEY MARKS

The developer shall place Permanent Survey Marks within the reconfiguration in accordance with the following minimum requirements:

• not more than 200 metres apart including from existing permanent survey marks;

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• the location of marks shall be easily visible in all directions and where practical shall be cast into the top of widened section of kerb and channelling adjacent to gully boxes;

• an adequate number of ties shall be provided to locate the position of all permanent survey marks in relation to adjacent property boundaries;

• reduced levels shall be recorded for all permanent survey marks and such levels shall be referred to Australian Height Datum;

• a certified copy of each permanent survey mark sketch plan (i.e. Form 6) shall be submitted with the plan of survey.

Note: Co-ordinate references must be in accordance with the Geocentric Datum of Australia

(GDA). The developer shall be responsible for ensuring that upon completion of the works all survey marks are in their correct position in accordance with the relevant survey plans, and shall provide to the Council the Certificate of a Cadastral Surveyor that, after completion of the works, survey marks were reinstated where necessary and all survey marks are in the their correct position in accordance with the plan of survey. Property survey pegs shall have the allotment numbers suitably embossed. Any security given by the developer for the completion of the works shall not be released until this condition is satisfied. Timing: Prior to the release of Survey Plans.

CONCURRENCE AGENCY RESPONSES: 1. DEPARTMENT OF TRANSPORT AND MAIN ROADS (FORMERLY DEPARTMENT OF MAIN

ROADS)

Refer to Attachment 1 for copy of response. Departmental Reference: 500/121 BWM:Izj E7847 (EM 1) Dated: 28 February 2011

2. DEPARTMENT OF TRANSPORT AND MAIN ROADS (FORMERLY QUEENSLAND TRANSPORT)

Refer to Attachment 2 for copy of response. Departmental Reference: TVS-278 Dated: 10 January 2008.’ Carried

1.3 – TP012/08E – Alan & Terre Mann – 108 Baker Street, Emerald – Material Change of Use – Recreation to Residential Precinct Application No: TP012/08E Applicant: Alan James & Terre Annette Mann Owner: H.A & R.A. Macdonald (previously A.J. & T.A. Mann) Site Address: 108 Baker Street, Emerald Real Property Description: Lot 2 on SP175010 Area of Land: 4,610m2 Current Use of Land: Dwelling and Carport Applicant’s Address: PO Box 697, Emerald QLD 4720 Planning Scheme: Emerald Shire Planning Scheme (2007) Zone: Town Zone: Recreation Precinct

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Proposal: Material Change of Use to establish a Residential Land Use in the Town Zone: Recreation Precinct

Approval Type: Preliminary Approval Development Type: Material Change of Use Level of Assessment: Impact Referral Agencies: Department of Main Roads Submissions: Nil Attachments: Locality Plan Site Plan

Resolution: Cr Brimblecombe moved and Cr Hayes seconded ‘That the applicant, Alan James & Terre Annette Mann, be advised that the development application for Preliminary Approval of a Material Change of Use to establish a Residential Land Use in the Town Zone: Recreation Precinct on land at 108 Baker Street, Emerald described as Lot 2 on SP175010 is refused on the following grounds: Emerald Shire Council Planning Scheme (2007) 1. The proposal conflicts with the Desired Environmental Outcomes sought for Emerald Shire,

specifically: a. 3.1.1 (4) - Social Element (a)

“The Shire’s residential communities are preserved in character, well serviced, enjoy high levels of safety and amenity, able to accommodate growth and offer a range of housing options to meet the diverse needs of all members of the Shire and Central Highlands”. The proposal seeks to expand residential uses within land contained in the Town Zone: Recreation Precinct and is considered to create an unnecessarily impact upon the amenity of the neighbouring residential area, and reduce the effectiveness of the vegetated buffer and existing natural vegetation on the site from mitigating amenity impacts generated from the industrial area to the north, and rural area to the west. This is considered to conflict with Desired Environmental Outcome Social Element (a) and will compromise the desired achievement of Desired Environmental Outcome Social Element (a); and

b. 3.1.1 (4) - Economic Element (e)

“The park and recreation opportunities for residents and visitors of the Shire have been enhanced and expanded”. The proposal seeks to expand residential uses within land contained in the Town Zone: Recreation Precinct, thereby reducing the available land for park and recreation opportunities associated with open space. The land, while not publicly owned, contains valuable natural vegetation that serves as passive open space and assists in mitigating amenity impacts generated from the industrial area to the north, and rural area to the west upon nearby residential development in Baker Street and Kidd Street, Emerald. The removal of this vegetation is considered to conflict with Desired Environmental Outcome Social Element (a) and will compromise the desired achievement of Desired Environmental Outcome Social Element (e).

2. The proposal has failed to identify a “need” or “overriding need” for the development that would

justify an amendment to the zoning and land use of the subject property and sufficient land is considered to be available within the Town Zone: Residential Precinct to locate residential uses such as that proposed without any potential adverse impacts upon residential amenity, or reduction in open space and recreation areas.

4. The proposal does not adequately respond to known site constraints, specifically those related to

flooding. The site is known to have been subject to inundation in both 2008 and 2010/2011, and the creation of new residential development in this area is not supported given the availability of both correctly zoned and flood free lands.

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CONCURRENCE AGENCY CONDITIONS 1. Department of Main Roads

Refer to Attachment 1 for copy of response. Department Reference: E54885 830/234 P50924 Address: 108 Baker Street, Emerald Real Property Description: Lot 2 on SP175010 Date: 11 June 2008.’ Carried

1.4 – 4059/10 – Stienie Fouche (Brian Birch) – 35 Pritchard Road, Emerald – Material Change of Use – Extension to Existing Accommodation Building (28 units) Application No: 4059/10 Applicant: Stienie Fouché Owner: Geju Pty Ltd Site Address: 35 Pritchard Road, Emerald Real Property Description: Lot 13 on SP227973 Area of Land: 8.872 hectares Current Use of Land: Pritchard Road Country Resort – motel accommodation, conference facilities, twelve (12) existing cabins, swimming pool, small domestic dam. Applicant’s Name: Stienie Fouché Applicant’s Address: 8 Hillview Court, Preston Beach WA 6215 Applicable Planning Scheme: Emerald Shire Planning Scheme (Amendment No. 1 – 2009) Zone: Town Zone: Rural Residential Precinct Proposal: Extension to an existing Accommodation Building (additional 28

cabins) Approval Type: Development Permit Development Type: Material Change of Use Level of Assessment: Impact Referral Agencies: Nil Submissions: Nil Attachments: Locality Plan Plans of Development Resolution: Cr Haylock moved and Cr Bulger seconded ‘That the applicant, Stienie Fouché, be advised that the application for approval of a Development Permit on land at 35 Pritchard Road, Emerald and described as Lot 13 on SP227973 is approved subject to the following conditions: 1. APPROVED USE

The use permitted as part of this approval is an Accommodation Building. This approval has a currency period of four (4) years and will remain in force until 3 May 2015. Should the development not be completed within this timeframe, this approval will lapse. A new application will need to be made to Council, unless an approval has been obtained for an extension of this period. Timing: To be maintained at all times after commencement of use.

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2. APPROVED PLANS The development is to be carried out in accordance with the stamped approved plans and

documentation as detailed in the following schedule, unless otherwise amended by conditions of this approval.

Plan Number Plan Title

0620490 Elevations 06204901 Floor Plan Un-named Site Plan

Timing: To be maintained at all times after commencement of use. 3. AMENDED APPROVED PLAN

The use is to be carried out in accordance with an amended plan incorporating the following: • Landscape plan as per the requirements of Condition 4 of this approval.

4. AMENITY - LANDSCAPING

a) Landscaping and associated earthworks, site preparation and other necessary works are to be carried out in accordance with an approved landscape plan. The landscape plan is to be in accordance with Development Design Code of Council’s Planning Scheme. The landscaping may be concentrated around the new units.

b) Approval for the landscape plan is to be obtained from Chief Executive Officer, or delegate prior to any on site landscaping works occurring.

Timing: a) Prior to commencement of use and at all times thereafter. b) Prior to work commencing.

5. AMENITY – EMISSIONS

The use is to be operated so that there is no interference with the amenity of the area or detrimental affect on any person by reason of the emission of noise, vibration, smell, fumes, smoke, vapour, steam, soot, ash, wastewater, waste products, grit, oil or otherwise. Timing: To be maintained at all times after commencement of use.

6. AMENITY – LOCATION OF SERVICE AND PLANT EQUIPMENT

All service and plant equipment, including air conditioning units and light must be located so as not to cause a nuisance to the occupants of adjoining and neighbouring premises. Timing: To be maintained at all times after commencement of use.

7. AMENITY – HOURS OF CONSTRUCTION

Construction work that makes or causes audible noise must only be carried out on site on Mondays through to Saturdays between the hours of 6:30 am and 6:30pm. No audible noise is permitted in Sundays or Public Holidays. Timing: To be maintained at all times during construction works.

8. AMENITY – LIGHTING Angle or shade lighting is to be used to illuminate the premises, so the light does not directly illuminate or cause any environmental nuisance (eg glare) to nearby premises or roads.

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Lighting is to be provided in accordance with the relevant Australian Standard, CPTED (Crime Prevention through Environmental Design) Guidelines. Timing: To be maintained at all times after commencement of use.

9. AMENITY – WASTE MANAGEMENT The developer/owner shall ensure bin store areas and containers are situated and maintained in a way so as not to cause visual or odour nuisances to adjoining or surrounding properties. Timing: Prior to commencement of use, and at all times thereafter.

10. AMENITY – ON-SITE BIN STORAGE An impervious paved and drained area to accommodate all refuse and recycling containers is

required. This common area is to be located in a single assessable area located a minimum of five (5) metres away from a window or door. The area shall be screened from public view, supplied with a suitable hose cock and hose and designed to fit in with the landscaping schemes.

Timing: Prior to commencement of use, and at all times thereafter.

11. AMENITY - SERVICE VEHICLES

The operation of delivery vehicles (excluding buses) and/or waste collection services is limited to between the hours of 6:30 am and 6:30 pm Monday to Saturday. No loading or unloading is permitted from the street. Timing: To be maintained at all times after commencement of use.

12. DEVELOPMENT STANDARDS - CAR PARKING PROVISION

Car parking is to be provided in general accordance with the approved plan, 40 car parking spaces in total are to be provided on site. Timing: Prior to commencement of use and at all times thereafter.

13. DEVELOPMENT STANDARDS - MANOEUVRING AREAS

Adequate vehicle manoeuvring areas are to be provided so that all vehicles relating to the development are able to enter and exit the site in a forward direction. Timing: Prior to commencement of use and at all times thereafter.

14. DEVELOPMENT STANDARDS – ACCESS AND CAR PARKING – CONSTRUCTION

All car parking spaces are to be line marked and designed in accordance with AS2890.1: Parking Facilities – Off Street Parking, except that the minimum width of each space must be 2.75m. All vehicle turning areas are to be designed to Australian Standards and must cater for the largest anticipated vehicle. All access driveways and car parking areas must be provided with an impervious seal. Timing: Prior to commencement of use and at all times thereafter.

15. DEVELOPMENT STANDARDS - INTERNAL ROADWAYS & WALKWAYS Internal traffic movement is to be provided via a two way traffic movement system with a minimum 6 m wide, impervious sealed carriageway. All internal walkways must be constructed with a minimum width of 1.2m to an impervious sealed standard.

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Timing: Prior to commencement of use and at all times thereafter.

16. DEVELOPMENT STANDARDS - PROVISION OF UTILITIES

Documentary evidence to the Chief Executive Officer or delegate must be provided from relevant electrical and telecommunication service providers that satisfactory arrangements have been made for the provision of such underground services. Timing: Prior to commencement of use.

17. WORKS – APPLICANT’S EXPENSE

All works, services, facilities and/or public utility alterations required by this approval or stated condition/s, whether carried out by Council or otherwise, are to be at the developer’s expense unless otherwise specified. Timing: Prior to commencement of use.

18. EROSION & SEDIMENT CONTROL – GENERAL a) An Erosion and Sediment Control Plan (ESCP) is to be submitted with engineering drawings

for the approval of the Chief Executive Officer, or delegate. Erosion and Sediment Control Plans are to be prepared in accordance with the Capricorn Municipal Development Guidelines.

b) The requirements of the approved Erosion and Sediment Control Plan are to be implemented on site.

Timing: a) Prior to site clearing, construction or commencement of earthworks. b) While site and/or building works are occurring.

19. STORMWATER DRAINAGE - GENERAL

Drainage from the development shall not adversely impact upon adjoining properties. Where an adverse impact is identified, the developer is required to submit details of adequate measures to offset such impacts to the Chief Executive Officer, or delegate for approval. Timing: Prior to commencement of use and at all times thereafter.

20. STORMWATER DRAINAGE – DISCHARGE & DISPOSAL All stormwater, with the exception of water captured on-site in rainwater tanks, is to be drained from

the site and carried without causing annoyance or nuisance to any person to a lawful point of discharge in Pritchard Road or the retention basin in the northern section of the lot in accordance with design and construction criteria contained in the Capricorn Municipal Development Guidelines. Timing: Prior to commencement of use and at all times thereafter.

21. STORMWATER DRAINAGE – HYDRAULICS REPORT AND STORMWATER MANAGEMENT PLAN

A site specific hydraulics report and a stormwater management plan outlining stormwater treatment and detention facilities are to be submitted at Operational Works Application stage. All rainfall events up to and including Q100 must be addressed. Timing: At lodgement of Operational Works Application stage.

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22. DEVELOPMENT STANDARDS – CIVIL WORKS CONSTRUCTION AND MAINTENANCE PERIOD

A: All works, services, facilities and/or public utility alterations required by this a approval or Stated condition/s, whether carried out by the Council or otherwise, shall be at the applicant/owner’s expense unless otherwise specified.

The construction of all the works shall be undertaken in accordance with good engineering practice and workmanship and generally in accordance with the provisions of the Capricorn Municipal Development Guidelines.

Timing: Prior to the commencement of the use.

B: The applicant/owner shall be responsible for the maintenance of all works associated with

the proposal for a period of 12 months after practical completion of the works. A bank guarantee or other security acceptable to Council, for an amount equal to 5% of the construction cost of the works for which Council will become responsible shall be lodged prior to the commencement of the use.

The maintenance period referred to in this condition shall be extended by Council in the

event of: a) major repairs having been carried out to the works during the

maintenance period; b) unsatisfactory operation of mechanical or electrical equipment during the

maintenance period; and/or c) erosion or sediment control is not operating or maintained satisfactorily.

Timing:

For a 12 month period from the practical completion of works unless extended by Council. 23. DEVELOPMENT STANDARDS – CIVIL WORKS CONSTRUCTION – START OF WORKS

Work shall not commence on the construction (or upgrading) of any proposed (or existing) road, park or other facility under (or proposed to be transferred to) the control, trusteeship or ownership of Council until: a) All engineering plans, drawings, specifications, drainage calculations and plans for electricity

reticulation and street lighting (as prepared by a consulting electrical engineer or electricity provider) for the work have been lodged for Council approval;

b) Council’s written approval for (a) has been issued; and c) Any appeal, lodged against Council’s decision to approve (with or without conditions) the

development application, has been decided or resolved. Timing: Prior to the commencement of the use.

24. DEVELOPMENT STANDARDS – CIVIL WORKS CONSTRUCTION – SUPERVISION OF WORKS

The construction of all works associated with the proposal shall be supervised by a registered engineer whose appointment shall require the approval of the Chief Executive Officer or delegate. On completion of the works the applicant/owner shall give to the Council a Certificate from the engineer stating that the work of constructing the operational works has been completed in accordance with the plans and specification approved by Council. Timing: Prior to the commencement of the use.

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25. SEWERAGE RETICULATION Sewerage reticulation must be provided to all proposed units within the development, including connections to the existing system. All works must be carried out in accordance with Council’s standards. The developer is responsible for all costs associated with the connection and inspection of the proposed works. Only one connection point is permitted for the site. Timing: Prior to commencement of use.

26. WATER SUPPLY RETICULATION

Water supply reticulation must be provided to all the proposed units within the development, including a metered connection to the existing system. All works must be carried out in accordance with Council standards. Only one connection point to Council’s main is permitted. The developer is responsible for all costs associated with the connection and inspection of the proposed works. Individual water meters with a 20mm diameter are to be provided to each unit in accordance with Council’s standards. Timing: Prior to commencement of use.

27. WATER HEADWORKS Pay a contribution of $70,280 towards water supply headworks in accordance with Planning

Scheme Policy No. 2 – Water Headworks Undertaking Contributions. The applicable rate for water supply headworks is currently assessed at $1,255 per EP. The contribution rate has been calculated as follows:

2 bedroom unit = 2.0EP 28 additional units = 56EP 56(EP) x $1,255 = $70,280

You are advised the contribution rate is subject to periodic review and contribution has not been requested for the existing allotment.

Timing: Prior to commencement of use.

28. SEWERAGE HEADWORKS OR ON-SITE SEWERAGE TREATMENT Sewerage generated by the development will be disposed of by connecting to Council’s reticulated

system. Headwork charges will be applied as below: Pay a contribution of $76,216 towards sewerage headworks in accordance with Planning Scheme

Policy No. 3 – Sewer Headworks Undertaking Contributions. The applicable rate for sewer supply headworks is currently assessed at $1,361 per EP. The contribution rate has been calculated as follows:

2 bedroom unit = 2.0EP 28 additional units = 56EP 56(EP) x $1,361 = $76,216.

You are advised the contribution rate is subject to periodic review and contribution has not been requested for the existing allotment.

Timing:

Prior to commencement of use.

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If approval for the easement necessary for the development to connect to Council’s reticulated system is not granted then an on-site sewerage treatment system must be provided as follows:

Sewerage treatment systems and their associated effluent disposal areas must be located above

the Q100 line, unless the sewage treatment system subjects sewage to secondary treatment processes and chlorinates effluent prior to disposal, in which case the sewerage treatment system must be above the Q100 line but the effluent disposal area may be below. All effluent disposal areas must comply with the stipulated setbacks for the grade of treated effluent being disposed of and the manner of disposal (i.e. spray irrigation or subsurface irrigation) in accordance with AS1547-2000 and the Queensland Plumbing and Wastewater Code.

Timing: Prior to commencement of use.

29. EASEMENTS

An internal easement must be provided to Council for any part of a sewerage, water supply or drainage network (including overland flow paths) that passes through the site and is of benefit to another allotment. Any such easement must be of an adequate width to protect that infrastructure. The minimum width of any easement shall be 4.0 metres. Any such easement is to be provided at no cost to Council.

30. DEVELOPMENT STANDARDS - MINIMUM FINISHED FLOOR LEVEL

Design and construct the development to provide a minimum finished floor level of 600mm above the known flood level. The development shall achieve this level by means of elevation on poles or stumps. Timing: To be addressed at building works stage and prior to the commencement of use. Advisory Note: Please be advised the subject site was subject to inundation during the December 2010 flood event. It is recommended that all habitable rooms are constructed with a minimum finished floor level of 600mm above the known flood level. Flood mapping will be available for public viewing in the near future.’ Carried

1.5 – 4095/10 – JARKL Trust (The Joshua Trust & Laverack Family Trust – Adam Thompson) – 65 Retro Street, Emerald – Material Change of Use – Multiple Dwelling (6 units) Application No: 4095/10 Applicant: JARKL Trust, The Joshua Trust & Laverack Family Trust Owners: Adam Thompson & Marguerite Dawn Dux & JHL Investments Pty Ltd as TTE Jarkl Trust Emerald Christian Assembly Site Address: 65 & 63 Retro Street, Emerald Real Property Description: Lots 1 & 2 on RP601728 Area of Land: 4046m² (total) Current Use of Land: Lot 1 = Single high set dwelling Lot 2 = Building used as a place of worship Applicant’s Name: Adam Thompson Applicant’s Address: PO Box 1490, Emerald Qld 4720 Applicable Planning Scheme: Emerald Shire Planning Scheme (Amendment No. 1 – 2009) Zone: Town Zone: Residential Precinct Proposal: To establish a Multiple Dwelling- Six Units (including the existing

dwelling) Approval Type: Development Permit

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Development Type: Material Change of Use Level of Assessment: Impact Referral Agencies: Nil Submissions: Two Attachments: Locality Plan Plans of Development Resolution: Cr Nixon moved and Cr Brimblecombe seconded ‘That the applicant, JARKL Trust, The Joshua Trust and Laverack Family Trust, be advised that the application for approval of a Development Permit on land at 65 & 63 Retro Street, Emerald and described as Lots 1 and 2 on RP601728 is approved subject to the following conditions: 1. APPROVED USE

The use permitted as part of this approval is a Multiple Dwelling – six dwellings This approval has a currency period of four (4) years and will remain in force until 3 May 2015. Should the development not be completed within this timeframe, this approval will lapse. A new application will need to be made to Council, unless an approval has been obtained for an extension of this period. Timing: To be maintained at all times after commencement of use.

2. APPROVED PLANS The development is to be carried out in accordance with the stamped approved plans and

documentation as detailed in the following schedule, unless otherwise amended by conditions of this approval.

Plan Number Plan Title

09/10 – Sheet 1 Site Plan 09/10 – Sheet 2 Floor Plan and Elevations – Unit 1 09/10 – Sheet 3 Floor Plan and Elevations – Units 2 and 3 09/10 – Sheet 4 Floor Plan and Elevations – Units 4 and 5

Timing: To be maintained at all times after commencement of use. 3. LANDSCAPING

Landscaping and associated earthworks, site preparation and other necessary works are to be carried out in accordance with the landscaping detailed on the approved Site Plan. The landscaping is to be in accordance with Development Design Code of Council’s Planning Scheme. Timing: Prior to commencement of use and at all times thereafter.

4. AMENITY – SCREEN FENCING

A boundary fence (minimum 1800mm) is to be erected along the sides and rear of the site. Internal fencing (minimum 1500mm) is to be erected between the dwellings units as shown on the approved plans.

Timing: Prior to commencement of use and at all times thereafter.

5. AMENITY – HOURS OF CONSTRUCTION

Construction work that makes or causes audible noise must only be carried out on site on Mondays through to Saturdays between the hours of 6:30am and 6:30pm.

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Any construction work outside of these hours, including Sundays and public holidays must have the prior written approval of the Chief Executive Officer, or delegate. Timing: To be maintained at all times during construction works

6. AMENITY – LOCATION OF SERVICE EQUIPMENT

All service equipment, including air conditioning units, waste disposal units (bins) and lighting must be located so as not to cause a nuisance to the occupants of adjoining and neighbouring premises. Timing: To be maintained at all times after commencement of use.

7. AMENITY - DRYING FACILITIES

Provision will be made for each dwelling to have access to a clothes drying facility that is screened from public view. Timing: Prior to commencement of use and at all times once use has commenced.

8. AMENITY - LIGHTING Angle or shade lighting is to be used to illuminate the premises, so the light does not directly illuminate or cause any environmental nuisance (eg. glare) to nearby premises or roads. Lighting shall be provided in accordance with the relevant Australian Standard and CPTED (Crime Prevention through Environmental Design) guidelines. Timing: To be maintained at all times after commencement of use.

11. AMENITY – WASTE MANAGEMENT The developer/owner shall ensure bin store areas and containers are situated and maintained in a way so as not to cause visual or odour nuisances to adjoining or surrounding properties. Timing: Prior to commencement of use, and at all times thereafter.

12. AMENITY – ON-SITE BIN STORAGE An impervious paved and drained area to accommodate all refuse and recycling containers is

required. This common area is to be located in a single assessable area located a minimum of five (5) metres away from a window or door. The area shall be screened from public view, supplied with a suitable hose cock and hose and designed to fit in with the landscaping schemes.

Timing: Prior to commencement of use, and at all times thereafter.

13. AMENITY – LETTERBOXES Letter box facilities must be provided for the development adjacent to the site access. The facility may be incorporated into a landscaping feature near the Harris Street access point. Timing: Prior to commencement of use, and at all times thereafter.

12. CAR PARKING PROVISION

Two (2) car parking spaces per unit are to be provided on site in accordance with the approved plan. Timing: Prior to commencement of use and at all times thereafter.

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13. ACCESS AND MANOEUVRING AREAS An impervious sealed driveway is to be constructed between the road pavement and the property boundary in accordance with the Capricorn Municipal Development Guidelines Standard Drawing SD-R-041, Revision C and located according to the approved plan. This driveway must have a minimum width of six (6) metres from the road edge. Adequate vehicle manoeuvring areas are to be provided so that all vehicles relating to the development are able to enter and exit the site in a forward direction. The access easement through Lot 1 must be registered through the Department of Environment and Resource Management (DERM) as an Access easement. A Reconfiguration of Lot application will be required to be submitted to Council. Timing: Prior to commencement of use and at all times thereafter.

14. PAVEMENT CONSTRUCTION

Car parking bays and access ways are to be sealed. Pavements are to be designed by a suitably qualified professional. Timing: Prior to commencement of use and at all times thereafter.

15. CAR PARKING - STANDARD

All car parking spaces are to be designed in accordance with AS 2890.1: Parking Facilities – Off-Street Parking. Timing: Prior to commencement of use and at all times thereafter.

16. PROVISION OF UTILITIES

Documentary evidence must be provided from relevant electrical and telecommunication service providers that satisfactory arrangements have been made for the provision of such services to the proposed development. Timing: Prior to commencement of use.

17. WORKS – APPLICANT’S EXPENSE

All works, services, facilities and/or public utility alterations required by this approval or stated condition/s, whether carried out by Council or otherwise, are to be at the developer’s expense unless otherwise specified. Timing: Prior to commencement of use.

18. STORMWATER DRAINAGE - GENERAL

Drainage from the development shall not adversely impact upon adjoining properties. Where an adverse impact is identified, the developer is required to submit details of adequate measures to offset such impacts to the Chief Executive Officer, or delegate for approval. Timing: Prior to commencement of use and at all times thereafter.

19. STORMWATER DRAINAGE – DISCHARGE & DISPOSAL All stormwater, with the exception of water captured on-site in rainwater tanks, is to be drained from

the site and carried without causing annoyance or nuisance to any person to a lawful point of discharge into the easement at the rear of the lot in accordance with design and construction criteria contained in the Capricorn Municipal Development Guidelines and Queensland Urban Drainage Manual.

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Timing: Prior to commencement of use and at all times thereafter.

20. DEVELOPMENT STANDARDS – CIVIL WORKS CONSTRUCTION AND MAINTENANCE PERIOD A: All works, services, facilities and/or public utility alterations required by this approval or

stated condition/s, whether carried out by the Council or otherwise, shall be at the applicant/owner’s expense unless otherwise specified.

The construction of all the works shall be undertaken in accordance with good engineering practice and workmanship and generally in accordance with the provisions of the Capricorn Municipal Development Guidelines.

Timing: Prior to the commencement of the use.

B: The applicant/owner shall be responsible for the maintenance of all works associated with

the proposal for a period of 12 months after practical completion of the works. A bank guarantee or other security acceptable to Council, for an amount equal to 5% of the construction cost of the works for which Council will become responsible shall be lodged prior to the commencement of the use.

The maintenance period referred to in this condition shall be extended by Council in the event of: a) major repairs having been carried out to the works during the maintenance period; b) unsatisfactory operation of mechanical or electrical equipment during the

maintenance period; and/or c) erosion or sediment control is not operating or maintained satisfactorily.

Timing: For a 12 month period from the practical completion of works unless extended by Council. 21. DEVELOPMENT STANDARDS – CIVIL WORKS CONSTRUCTION – START OF WORKS

Work shall not commence on the construction (or upgrading) of any proposed (or existing) road, park or other facility under (or proposed to be transferred to) the control, trusteeship or ownership of Council until: a) All engineering plans, drawings, specifications, drainage calculations and plans for electricity

reticulation and street lighting (as prepared by a consulting electrical engineer or electricity provider) for the work have been lodged for Council approval;

b) Council’s written approval for (a) has been issued; and c) Any appeal, lodged against Council’s decision to approve (with or without conditions) the

development application, has been decided or resolved. Timing: Prior to the commencement of the use.

22. DEVELOPMENT STANDARDS – CIVIL WORKS CONSTRUCTION – SUPERVISION OF WORKS The construction of all works associated with the proposal shall be supervised by a registered engineer whose appointment shall require the approval of the Chief Executive Officer or delegate. On completion of the works the applicant/owner shall give to the Council a Certificate from the engineer stating that the work of constructing the operational works has been completed in accordance with the plans and specification approved by Council. Timing: Prior to the commencement of the use.

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23. SEWERAGE RETICULATION Sewerage reticulation must be provided to all proposed units within the development, including connections to the existing system. All works must be carried out in accordance with Council’s standards. The developer is responsible for all costs associated with the connection and inspection of the proposed works. Only one connection point is permitted for the site. Timing: Prior to commencement of use.

24. WATER SUPPLY RETICULATION

Water supply reticulation must be provided to all the proposed units within the development, including a metered connection to the existing system. All works must be carried out in accordance with Council standards. Only one connection point to Council’s main is permitted. The developer is responsible for all costs associated with the connection and inspection of the proposed works. Individual water meters with a 20mm diameter are to be provided to each unit in accordance with Council’s standards. Timing: Prior to commencement of use.

25. WATER HEADWORKS Pay a contribution of $17,570 towards water supply headworks in accordance with Planning

Scheme Policy No. 2 – Water Headworks Undertaking Contributions. The applicable rate for water supply headworks is currently assessed at $1,255 per EP. The contribution rate has been calculated as follows:

14.0(EP) x $1,255 = $17,750.

You are advised the contribution rate is subject to periodic review.

Timing: Prior to commencement of use.

26. SEWERAGE HEADWORKS Pay a contribution of $19,054 towards sewerage headworks in accordance with Planning Scheme

Policy No. 3 – Sewer Headworks Undertaking Contributions. The applicable rate for sewer supply headworks is currently assessed at $1,361 per EP. The contribution rate has been calculated as follows:

14.0(EP) x $1,361 = $19,054

You are advised the contribution rate is subject to periodic review.

Timing: Prior to commencement of use.

27. DEVELOPMENT STANDARDS - MINIMUM FINISHED FLOOR LEVEL Design and construct the development to provide a minimum finished floor level for all new structures of a minimum of 300mm above the finished surface level. Timing: Prior to the commencement of the use.’ Carried

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1.6 – 4097/10 – Doug Phelps C/- Murray & Associates Qld Pty Ltd – Cnr Dennis Avenue & Codenwarra Road, Emerald – Reconfiguration of Lot (3 Rural Residential lots) Application No: 4097/10 Applicant: Mr Doug Phelps C/- Murray & Associates (QLD) Pty Ltd Owner: Douglas Albert John Phelps & Peggy Jeanette Phelps Site Address: Codenwarra Road, Emerald QLD 4720 Real Property Description: Lot 23 on E21610 Area of Land: 2.22ha Current Use of Land: Residential Dwelling Applicant’s Name: Mr Doug Phelps C/- Murray & Associates (QLD) Pty Ltd Applicant’s Address: PO Box 665, Emerald QLD 4720 Applicable Planning Scheme: Emerald Shire Planning Scheme (Amendment No.1 – 2009) Zone: Town Zone: Rural Residential Precinct Proposal: Reconfiguration of Lot – Subdivision (1 lot into 3 lots) Approval Type: Development Permit Development Type: Reconfiguration of Lot Level of Assessment: Code Referral Agencies: Department of Transport and Main Roads – Concurrence Agency Attachments: Locality Map Plan of Development Referral Agency Response

Resolution: Cr Schwarz moved and Cr Haylock seconded ‘That the applicant, Mr Doug Phelps C/- Murray & Associates Pty Ltd, be advised that the application for approval of a Development Permit for a Reconfiguration of Lot (1 into 3 lot subdivision) on land at Codenwarra Road and Dennis Avenue, Emerald described as Lot 23 on E21610 is approved subject to the following conditions: 1. GENERAL - APPROVED PLANS AND DOCUMENTS

The development shall be carried out in accordance with the stamped approved plans and documentation as detailed in the following schedule and any amendments arising through conditions to this approval:

Job Name Plan Ref: Date Prepared By Proposed Subdivision of Lot 23 on E21610

44909.dwg 27.04.2010 Murray & Associates (QLD) Pty Ltd

Timing: Prior to the release of Survey Plan.

2. GENERAL – CURRENCY PERIOD This approval has a currency period of four (4) years and will remain in force until 3 May 2015. Should the development not be completed within this timeframe this approval shall lapse and a new application will need to be made to Council, unless an approval has first been obtained for an extension of this period.

Timing: Prior to the release of Survey Plan.

3. GENERAL - APPROVED PLANS – PLAN CERTIFICATION

Provide certification from a Cadastral Surveyor that the proposed allotments accord with the approved plans.

Timing: Prior to the release of Survey Plan.

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4. GENERAL – RELEASE OF SURVEY PLANS Council will not endorse or release the Survey Plans for this development until such time as:

(a) all conditions attached to this approval have been met in full; and (b) all outstanding rates and charges relating to the site have been paid.

Timing: Prior to the release of Survey Plan.

5. GENERAL – BUILDINGS AND ENCUMBRANCES

Provide evidence that all buildings and structures are fully contained on a single allotment within the proposed development.

Timing: Prior to the release of Survey Plan

6. ACCESS

Provide access to all allotments in accordance with Capricorn Municipal Development Guidelines Standard Drawing CMDG-R-040, which includes sealing of the road edge to the property boundary. Lots 24 and 25 must share one (1) point of access to Codenwarra Road.

Timing: Prior to the release of Survey Plan.

7. STORMWATER DRAINAGE – DISCHARGE & DISPOSAL

All stormwater, with the exception of rainwater captured onsite in rainwater tanks, is to be drained from the site and carried without causing annoyance or nuisance to any person. The lawful point of discharge for stormwater is the table drain of Codenwarra Road. All works must be designed in accordance with the Capricorn Municipal Development Guidelines (CMDG) and the Queensland Urban Drainage Manual (QUDM). Timing: To be maintained at all times.

8. FUTURE RESIDENTIAL DWELLINGS Any future residential dwelling to be located upon Lots 24 and 25 shall have a Finished Floor Level

of at least 300mm above the Finished Surface Level. Any future residential dwelling to be located upon Lot 23 must have a Finished Floor Level of at

least 600mm above the highest known flood height. Timing: To be addressed at building works stage for future residential dwelling.

9. DEVELOPMENT STANDARDS – PROVISION OF ELECTRICITY

Provide electricity to each allotment within this development. The electricity service to Lots 24 and 25 (as identified on the approved plan) must be located underground. Guideline: Council will not endorse or release the Survey Plans for this development until all

relevant requirements of CP1.27.4 of the Capricorn Municipal Development Guidelines are met and a copy of Ergon Energy’s Certificate of Acceptance has been received.

Timing: Prior to the release of Survey Plan.

10. DEVELOPMENT STANDARDS – PROVISION OF TELECOMMUNICATIONS Provide underground telecommunication services to all allotments within this development.

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Timing: Prior to the release of Survey Plan.

11. WORKS – APPLICANT’S EXPENSE

All works, services, facilities and/or public utility alterations required by this approval or stated condition/s, whether carried out by Council or otherwise, will be at the developer’s expense unless otherwise specified. Timing: Prior to release of survey plan.

12. DEVELOPMENT CONTRIBUTION – PARKLAND CONTRIBUTION Pay a contribution of $6,360 towards the provision of open space/parkland in accordance with

Council’s Planning Policy No. 4 – Parkland Contributions. The applicable rate for parkland contribution headworks is currently assessed at $3,180 per additional Rural Residential lot created. The contribution rate has been calculated as follows:

$3,180 x two (2) additional lots = $6,360

The amount is applicable for a period of 12 months from the date of approval.

Timing: Prior to the release of Survey Plan.

13. DEVELOPMENT CONTRIBUTION – ROADS CONTRIBUTION Pay a contribution of $8,008 towards the provision of external road maintenance in accordance with

Council’s Planning Policy No. 5 – External Roadworks Contributions. The applicable rate for external roadworks contribution headworks is currently assessed at $4,004 per additional Rural Residential lot created. The contribution rate has been calculated as follows:

$4,004 x two (2) additional lots = $8,008

The amount is applicable for a period of 12 months from the date of approval.

Timing: Prior to the release of Survey Plan.

14. WATER HEADWORKS Pay a contribution of $10,040 towards water supply headworks in accordance with Council’s Local Planning Policy No. 2 – Water Supply Undertaking Headworks Contributions. The applicable rate is currently assessed at $1,255 per EP. The contribution is calculated as follows: $1,255.00 x 4EP x (3 lots – 1 lot credit) = $10,040 The amount is applicable for a period of 12 months from the date of approval. Timing: Prior to release of Survey Plan.

15. WATER SUPPLY Certification must be submitted from a Cadastral Surveyor that existing water service/s and associated meters are contained wholly within the proposed allotment/s it serves. The developer is responsible for all costs associated with the relocation/s of any existing service/s, including payment to Council for the relocation of water meters.

Each allotment must be connected to Council’s water reticulation network. Individual water services with a 20 mm diameter are to be provided to the boundary of each allotment in accordance with Council’s standards.

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Timing: Prior to release of Survey Plan.

16. DISPOSAL EFFLUENT – TREATMENT METHODS

All sewerage generated from the dwelling shall be treated on-site and any resultant effluent disposed of onsite. The system of onsite sewerage treatment and effluent disposal shall comply with AS 1547 – 2000 and the Queensland Plumbing and Wastewater Code. The onsite sewerage treatment and effluent disposal treatment system shall be designed in compliance with a report by an On-site Sewerage Evaluator. An application must be approved by Council’s Plumbing Inspector for a Plumbing Compliance Permit with conditions for an On-Site Treatment Plant prior to construction and use of an on-site sewerage treatment and effluent disposal system. Timing: At the Plumbing Approvals Application Stage.

17. SEWAGE TREATMENT AND EFFLUENT DISPOSAL ABOVE Q100 Sewage treatment systems and their associated effluent disposal areas must be located above the Q100 line, unless the sewage treatment system subjects sewage to secondary treatment processes and chlorinates effluent prior to disposal, in which case the sewerage treatment system must be above the Q100 line but the effluent disposal area may be below. All effluent disposal areas must comply with the stipulated setbacks for the grade of treated effluent being disposed of and the manner of disposal (i.e. spray irrigation or subsurface irrigation) in accordance with AS1547-2000 and the Queensland Plumbing and Wastewater Code. Timing: At the Plumbing Approvals Application Stage.

18. EASEMENTS

An internal easement must be provided to Council for any part of a water supply or drainage network (including overland flow paths) that passes through the site and is of benefit to another allotment. Any such easement must be of an adequate width to protect that infrastructure. The minimum width of any easement shall be 4.0m. Any such easement is to be provided at no cost to Council. Timing: Prior to the release of Survey Plan.

19. DEVELOPMENT STANDARDS – CIVIL WORKS CONSTRUCTION AND MAINTENANCE PERIOD All works, services, facilities and/or public utility alterations required by this approval or stated condition/s, whether carried out by the Council or otherwise, shall be at the applicant/owner’s expense unless otherwise specified. The construction of all the works shall be undertaken in accordance with good engineering practice and workmanship and generally in accordance with the provisions of the Capricorn Municipal Development Guidelines. The applicant/owner shall be responsible for the maintenance of all works associated with the proposal for a period of 12 months after practical completion of the works. A bank guarantee, or other security acceptable to Council, for an amount equal to 5% of the construction cost of the works for which Council will become responsible shall be lodged prior to the signing and sealing of any survey plan over the proposed allotments. The maintenance period referred to in this condition shall be extended by Council in the event of: (a) major repairs having been carried out to the works during the maintenance period;

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(b) unsatisfactory operation of mechanical or electrical equipment during the maintenance period;

(c) the Plan of Survey not being registered at the conclusion of the maintenance period (including any extended maintenance period); and/or

(d) erosion or sediment control is not operating or maintained satisfactorily. Timing: Prior to the release of Survey Plan.

20. DEVELOPMENT STANDARDS – CIVIL WORKS CONSTRUCTION – START OF WORKS

Work shall not commence on the construction (or upgrading) of any proposed (or existing) road, park or other facility under (or proposed to be transferred to) the control, trusteeship or ownership of Council until: (a) All engineering plans, drawings, specifications, drainage calculations and plans for electricity

reticulation and street lighting (as prepared by a consulting electrical engineer or electricity provider) for the work have been lodged for Council approval;

(b) Council’s written approval for (a) has been issued; and

(c) Any appeal, lodged against Council’s decision to approve (with or without conditions) the development application, has been decided or resolved.

Timing: Prior to the release of Survey Plan.

21. DEVELOPMENT STANDARDS – CIVIL WORKS CONSTRUCTION – SUPERVISION OF WORKS

The construction of all works associated with the proposal shall be supervised by a registered engineer whose appointment shall require the approval of the Chief Executive Officer or delegate. On completion of the works the applicant/owner shall give to the Council a Certificate from the engineer stating that the work of constructing the operational works has been completed in accordance with the plans and specification approved by Council. Plans showing ‘as constructed’ details of the operational works shall be submitted to Council in electronic DXL format prior to the commencement of the use. ‘As constructed’ details will be provided in the approval for Operational Works associated with this development. Timing: Prior to the release of Survey Plan.

22. DEVELOPMENT STANDARDS – CIVIL WORKS CONSTRUCTION - HOURS OF OPERATION Limit the hours of operation for the construction of all works within the development to between 6:30a.m. and 6:30p.m. Monday to Saturday. Construction works are not permitted to be carried out on Sunday or public holidays. Timing: During construction of operational works associated with the approval.

ADVICE:

A. All development involving the emission of noise and dust from construction activities requires that the emission be in accordance with the requirements of the Environmental Protection Act 1994.

CONCURRENCE AGENCY RESPONSE 1. DEPARTMENT OF TRANSPORT AND MAIN ROADS

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Departmental Reference: 500/323 AAB:lzj E7424 (DCT1667) Development Application Number: 4097/10 Lot 23 on E21610 Proposed Reconfiguring of a Lot (Reconfiguring of Lot (1 into 3) Rural Residential Subdivision).’ Carried

1.7 – 4105/10 – Paul Kelly C/- Murray & Associates (Qld) Pty Ltd (Ashtina Sand & Gravel) – Braeside Road, Emerald – Material Change of Use – Dual Occupancy Application No: 4105/10 Applicant: Paul Kelly Owner: Ashtina Sand and Gravel Site Address: 29 Braeside Road, Emerald Real Property Description: Lot 37 on DN40215 Area of Land: 12.46 hectares Current Use of Land: Single dwelling and associated shed structures Applicant’s Name: Paul Kelly Applicant’s Address: PO Box 246, Nambour Qld 4560 Applicable Planning Scheme: Emerald Shire Planning Scheme (Amendment No. 1 – 2009) Zone: Town Zone: Investigation Area B Proposal: To establish a Dual Occupancy Approval Type: Development Permit Development Type: Material Change of Use Level of Assessment: Impact Referral Agencies: Nil Attachments: Locality Plan Plans of Development Resolution: Cr Rolfe moved and Cr Schwarz seconded ‘That the applicant, Paul Kelly, be advised that the application for approval of a Development Permit on land at 29 Braeside Road, Emerald and described as Lot 37 on DN40215 is approved subject to the following conditions:

1. APPROVED USE

The use permitted as part of this approval is a Dual Occupancy. This approval has a currency period of four (4) years and will remain in force until 3 May, 2015. Should the development not be completed within this timeframe, this approval will lapse. A new application will need to be made to Council, unless an approval has been obtained for an extension of this period. Timing: To be maintained at all times after commencement of use.

2. APPROVED PLANS The development is to be carried out in accordance with the stamped approved plans and

documentation as detailed in the following schedule, unless otherwise amended by conditions of this approval.

• Site Set Out • Site Plan • Floor Plan • Elevations

Timing:

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To be maintained at all times after commencement of use. 3. DEVELOPMENT STANDARDS – VEHICULAR ACCESS AND DRIVEWAY CROSSOVERS

One (1) driveway with a maximum width of 6.0 metres is to be constructed between the road pavement and the property boundary to provide access from Braeside Road. The driveway shall be constructed in accordance with the Capricorn Municipal Development Guidelines CMDG-R-040, Revision B and located according to the approved plan. All car parking and vehicle manoeuvring areas within the development shall be sealed according to the approved plan. Timing: Prior to commencement of use and at all times thereafter.

4. DEVELOPMENT STANDARDS - ROADS Braeside Road is to be constructed to an all-weather gravel standard in accordance with Capricorn Municipal Development Guidelines (CMDG) Table D1.21.02 and for twenty (20) metres beyond the new access. Timing: Prior to commencement of use

5. AMENITY – HOURS OF CONSTRUCTION Construction work that makes or causes audible noise must only be carried out on site on Mondays through to Saturdays between the hours of 6:30am and 6:30pm. Any construction work outside of these hours, including Sundays and public holidays must have the prior written approval of the Chief Executive Officer, or delegate. Timing: To be maintained at all times during construction works

6. PROVISION OF UTILITIES Documentary evidence must be provided from relevant electrical and telecommunication service

providers that satisfactory arrangements have been made for the provision of such services to the proposed development. Timing: Prior to commencement of use.

7. WORKS – APPLICANT’S EXPENSE All works, services, facilities and/or public utility alterations required by this approval or stated

condition/s, whether carried out by Council or otherwise, will be at the developer’s expense unless otherwise specified. Timing: Prior to commencement of use.

8. STORMWATER DRAINAGE – DISCHARGE & DISPOSAL All stormwater, with the exception of water captured on-site in rainwater tanks, is to be drained from

the site and carried without causing annoyance or nuisance to any person to a lawful point of discharge to either the new table drain in Braeside Road or the table drain in Amethyst Drive in accordance with design and construction criteria contained in the Capricorn Municipal Development Guidelines and Queensland Urban Drainage Manual.

Timing: Prior to commencement of use.

9. DISPOSAL EFFLUENT – TREATMENT METHODS

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All sewerage generated on each of the proposed lots shall be treated on-site and any resultant effluent disposed of onsite. The system of onsite sewerage treatment and effluent disposal shall comply with AS 1547 – 2000 and the Queensland Plumbing and Wastewater Code. The onsite sewerage treatment and effluent disposal treatment system shall be designed in compliance with a report by an On-site Sewerage Evaluator. An application must be approved by Council’s Plumbing Inspector for a Plumbing Compliance Permit with conditions for an On-Site Treatment Plant prior to construction and use of an on-site sewerage treatment and effluent disposal system. Timing: At the Plumbing Approvals Application Stage

10. SEWAGE TREATMENT AND EFFLUENT DISPOSAL ABOVE Q100 Sewage treatment systems and their associated effluent disposal areas must be located above the Q100 line, unless the sewage treatment system subjects sewage to secondary treatment processes and chlorinates effluent prior to disposal, in which case the sewerage treatment system must be above the Q100 line but the effluent disposal area may be below. All effluent disposal areas must comply with the stipulated setbacks for the grade of treated effluent being disposed of and the manner of disposal (i.e. spray irrigation or subsurface irrigation) in accordance with AS1547-2000 and the Queensland Plumbing and Wastewater Code. Timing: Prior to release of survey plan.

11. PROVISION OF WATER SUPPLY

All existing and proposed dwellings within this development must be provided minimum potable water supply of 47,000 litres. This water supply should be provided by means of a rainwater tank/s.

Timing: Prior to commencement of use

12. DEVELOPMENT STANDARDS - MINIMUM FINISHED FLOOR LEVEL

Design and construct the development to provide a minimum finished floor level of 600mm above the known flood level. The development shall achieve this level by means of elevation on poles or stumps. Timing: Prior to commencement of use.

13. AMENITY - BUFFER AREAS Maintain the existing tree lines to ensure that the vegetation remains effective in providing a buffer between the new use and existing uses on the lot and the potential effects of Amethyst Drive traffic. Timing: Prior to commencement of use and at all times thereafter. Advisory Note: Please be advised the subject site was subject to inundation during the December 2010 flood event. It is recommended that all habitable rooms are constructed with a minimum finished floor level of 600mm above the known flood level. Flood mapping will be available for public viewing in the near future.’ Carried

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Conflict of Interest Cr Hayes declared a Conflict of Interest with this matter and left the room and did not partake in discussions or voting. 1.8 – 4106/10 – P & J Millin C/- Murray & Associates (Qld) Pty Ltd – Glengallan Road, Emerald – Reconfiguration of Lot (2 lots) Application No: 4106/10 Applicant: P & J Millin C/- Murray & Associates QLD Pty Ltd Owner: P & J Millin Site Address: Glengallan Road, Emerald 4720 Real Property Description: Lot 2 on SP219529 Area of Land: 20.01 Hectares Current Use of Land: Single dwelling on rural lot Applicant’s Address: PO Box 665, Emerald QLD 4720 Applicable Planning Scheme: Emerald Shire Planning Scheme

(Amendment 1 – 2009) Zone: Rural Zone Proposal: Reconfiguration of Lot – Subdivision of one (1) lot into two (2) Approval Type: Development Permit Development Type: Reconfiguration of Lot Level of Assessment: Impact Referral Agencies: Nil Submissions: Nil Attachments: Locality Map Approved plans Resolution: Cr Brimblecombe moved and Cr Bell seconded ‘That the applicant, P & J Millin C/- Murray & Associates QLD Pty Ltd, be advised that the application for approval of a Reconfiguration of a Lot by Rural Subdivision – one (1) lot into two (2), on land at Glengallan Road, Emerald described as Lot 2 on SP219529 is approved subject to the following conditions: 1. APPROVED PLAN

The development is to be carried out in accordance with Job No. 44274, dated 21 October 2010, prepared by Murray & Associates QLD Pty Ltd and submitted with the application. This plan forms part of this approval, unless otherwise amended by conditions of this approval. This approval has a currency period of four (4) years and will remain in force until 3 May 2015. Should the development not be completed within this timeframe, this approval will lapse. Timing: Prior to release of survey plan.

2. PLAN CERTIFICATION

Certification must be provided from a Cadastral Surveyor that the lots created accord with the approved plan.

Timing: Prior to release of survey plan.

3. RELEASE OF SURVEY PLANS Council will not endorse or release the survey plan for this development until such time as:

(a) All conditions attached to this approval have been fully satisfied; (b) All outstanding rates and charges relating to the site have been paid; or

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(c) Where a condition requiring infrastructure upgrades or works has not been carried out to Council’s satisfaction, Council may consider accepting a bond for the uncompleted works. The bond amount shall be 150% of the value of works to be completed, and apply only to the following Conditions of approval, contained within this Decision Notice.

Further, provide a statement demonstrating compliance with all conditions of this Decision Notice.

Timing:

Prior to release of survey plan. 4. BUILDINGS AND ENCUMBRANCES

Evidence is to be provided that all buildings and structures located on the site are fully contained within a single lot within the proposed development.

Timing: Prior to release of survey plan.

5. DEVELOPMENT STANDARDS – ACCESS

Both property access crossovers must be constructed or upgraded to be in accordance with the Capricorn Municipal Development Guidelines Standard Drawing No. CMDG-R-040, Revision A. Operational Works approval will be required. The culvert beneath any access is to be minimum 450mm in diameter. Timing: Prior to release of survey plan.

7. DEVELOPMENT STANDARDS – STORMWATER DRAINAGE

All stormwater, with the exception of rainwater captured onsite in rainwater tanks, is to be drained from the site and carried without causing annoyance or nuisance to any person. The lawful point of discharge for stormwater is the table drain on Glengallan Road as well as any natural gullies or water courses on the site. All works must be designed in accordance with the Capricorn Municipal Development Guidelines (CMDG) and the Queensland Urban Drainage Manual (QUDM). Timing: Prior to release of survey plan and maintained at all times thereafter.

8. DEVELOPMENT STANDARDS – FUTURE RESIDENTIAL DWELLINGS – FLOOD MITIGATION

All new habitable buildings are to have a finished floor level at least 300mm above the finished surface level.

Timing: To be addressed at building works stage for future habitable dwelling and maintained at all times thereafter.

9. VEGETATIVE BUFFER

A 40 metre wide vegetative buffer shall be planted and earthworks undertaken in accordance with “Planning Guidelines for Separating Agricultural and Residential Land Uses.” The buffer shall be located in accordance with the approved plan. This includes the southern most boundary. A Landscape Plan identifying the plant species, mature height, pot size, location and civil works associated with the landscape mound must be submitted to the Chief Executive officer, or delegate for approval. Timing: Prior to release of survey plan and maintained at all times.

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10. DEVELOPMENT STANDARDS – PROVISION OF ELECTRICITY Provide electricity to each allotment within this development. Guideline: Council will not endorse or release the Survey Plans for this development until all relevant requirements of CP1.27.4 of the Capricorn Municipal Development Guidelines are met and a copy of Ergon Energy’s Certificate of Acceptance has been received. Timing: Prior to the release of Survey Plan.

11. DEVELOPMENT STANDARDS – PROVISION OF TELECOMMUNICATIONS Provide telecommunication services to each allotment within this development. Timing: Prior to the release of Survey Plan.

12. PROVISION OF WATER SUPPLY

All existing and future dwellings within this development must be provided minimum potable water supply of 47,000 litres. This water supply should be provided by means of a rainwater tank or tanks. Timing: Prior to issue of Certificate of Classification.

13. DEVELOPMENT CONTRIBUTION – ROADS CONTRIBUTION

Pay a contribution of $7,247 towards the provision of external road maintenance in accordance with Council’s Planning Policy No. 5 – External Roadworks Contributions. The applicable rate for external roadworks contribution headworks is currently assessed at $7,247 per additional Rural lot created. The contribution rate has been calculated as follows:

$7,247 x (1) additional lots = $7,247

The amount is applicable for a period of 12 months from the date of approval.

Timing: Prior to the release of Survey Plan.

12. DEVELOPMENT STANDARDS – CIVIL WORKS CONSTRUCTION AND MAINTENANCE PERIOD All works, services, facilities and/or public utility alterations required by this approval or stated condition/s, whether carried out by the Council or otherwise, shall be at the applicant/owner’s expense unless otherwise specified. The construction of all the works shall be undertaken in accordance with good engineering practice and workmanship and generally in accordance with the provisions of the Capricorn Municipal Development Guidelines. Timing: Prior to the release of Survey Plan.

13. DEVELOPMENT STANDARDS – CIVIL WORKS CONSTRUCTION – START OF WORKS Work shall not commence on the construction (or upgrading) of any proposed (or existing) road, park or other facility under (or proposed to be transferred to) the control, trusteeship or ownership of Council until:

• All engineering plans, drawings, specifications, drainage calculations and plans for electricity reticulation and street lighting (as prepared by a consulting electrical engineer or electricity provider) for the work have been lodged for Council approval;

• Council’s written approval for (a) has been issued; and

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• Any appeal, lodged against Council’s decision to approve (with or without conditions) the development application, has been decided or resolved.

Timing: Prior to the release of Survey Plan.

14. DEVELOPMENT STANDARDS – CIVIL WORKS CONSTRUCTION – SUPERVISION OF WORKS

The construction of all works associated with the proposal shall be supervised by a registered engineer whose appointment shall require the approval of the Chief Executive Officer or delegate. On completion of the works the applicant/owner shall give to the Council a Certificate from the engineer stating that the work of constructing the reconfiguration works has been completed in accordance with the plans and specification approved by Council. Plans showing ‘as constructed’ details of the reconfiguration works shall be submitted to Council in electronic DWG or DXF format before Council will endorse and Plan of Survey. ‘As constructed’ details will be provided in the approval for Operational Works associated with this development. Timing: Prior to the release of Survey Plan.

15. DEVELOPMENT STANDARDS – CIVIL WORKS CONSTRUCTION - HOURS OF OPERATION Limit the hours of operation for the construction of all works within the development to between 6:30a.m.to 6:30p.m. Monday to Saturday. Construction works are not permitted to be carried out on Sunday or public holidays without the prior written approval of the Chief Executive Officer.

Timing: Prior to the release of Survey Plan.

16. DISPOSAL OF EFFLUENT – TREATMENT METHODS

All sewerage generated on each of the proposed lots shall be treated on-site and any resultant effluent disposed of onsite. The system of onsite sewerage treatment and effluent disposal shall comply with AS 1547 – 2000 and the Queensland Plumbing and Wastewater Code. The onsite sewerage treatment and effluent disposal treatment system shall be designed in compliance with a report by an On-site Sewerage Evaluator. An application must be approved by Council’s Plumbing Inspector for a Plumbing Compliance Permit with conditions for an On-Site Treatment Plant prior to construction and use of an on-site sewerage treatment and effluent disposal system. Timing: At the Plumbing and Drainage Application Stage.

17. SEWERAGE TREATMENT AND EFFLUENT DISPOSAL ABOVE Q100 Sewerage treatment systems and their associated effluent disposal areas must be located above the Q100 line, unless the sewerage treatment system subjects sewerage to secondary treatment processes and chlorinates effluent prior to disposal, in which case the sewerage treatment system must be above the Q100 line but the effluent disposal area may be below. All effluent disposal areas must comply with the stipulated setbacks for the grade of treated effluent being disposed of and the manner of disposal (i.e. spray irrigation or subsurface irrigation) in accordance with AS1547-2000 and the Queensland Plumbing and Wastewater Code. Timing: At the Plumbing and Drainage Application Stage.’ Carried

Cr Hayes returned to the meeting.

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1.9 – 4005/11 – National Plant & Equipment Hire C/- Murray & Associates (Qld) Pty Ltd – Industrial Drive, Emerald – Material Change of Use (Low Impact Industry) Application No: 4005/11 Applicant: Murray & Associates (QLD) Pty Ltd Owner: National Plant and Equipment Hire Pty Ltd Site Address: Industrial Drive, Emerald QLD 4720 Real Property Description: Lot 1 on SP166053 Area of Land: 1.204 hectares Current Use of Land: Vehicle and Goods Depot (unlawful) Applicant’s Address: PO Box 246, Nambour QLD 4560 Applicable Planning Scheme: Emerald Shire Planning Scheme (Amendment 1 – 2009) Zone: Town Zone Proposal: Vehicle and Goods Depot Approval Type: Development Permit Development Type: Material Change of Use Level of Assessment: Code Referral Agencies: Nil Submissions: Nil Attachments: Locality Map Plan of Development Resolution: Cr Bulger moved and Cr Hayes seconded ‘That the applicant, National Plant and Equipment Hire Pty Ltd C/- Murray & Associates Pty Ltd, be advised that the application for approval of a Material Change of Use – Vehicle and Good Depot on land at Industrial Drive, Emerald, described as Lot 1 on SP166053 be approved subject to the following conditions:

1. APPROVED USE The use permitted as part of this approval is a Material Change of Use: Vehicle and Goods Depot. The use will be carried out in accordance with the stamped approved plans and documentation as detailed in the following schedule and any amendments arising through conditions of this approval:

This approval has a currency period of four (4) years and will remain in force until 3 May 2015. Should the development not be completed within this timeframe, this approval will lapse. A new application will need to be made to Council, unless an approval has been obtained for an extension of this period. Timing: To be maintained at all times after commencement of use.

2. EXTERNAL ROADWAY The external roadway (Industrial Drive), at the entrance to the property, must be appropriately designed by a suitably qualified professional to eliminate damage caused to the road by heavy vehicles (screwing action) entering and leaving the site. This section of roadway must extend ten (10) metres on either side of the proposed driveway. Timing: Prior to commencement of use and at all times thereafter.

Job No. Prepared by Dated

41260/A Murray & Associates QLD Pty Ltd 6/12/10

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3. ACCESS DRIVEWAYS A sealed driveway of suitable width to cater for the type of vehicles visiting the site, is to be constructed between the road pavement and the property boundary and must meet the requirements of the Capricorn Municipal Development Guidelines standard drawing SD-R-042, Rev C.

Timing: Prior to commencement of use and at all times thereafter.

4. VEHICLE MANOEUVRING AREAS All vehicles, including delivery vehicles, must be able to enter and exit the site in a forward direction. All vehicle manoeuvring areas and internal roadways must be sealed. Timing: Prior to commencement of use and at all times thereafter.

5. CAR PARKING

Ten (10) car parking spaces are to be provided on site in accordance with the Approved Plan. All car parking spaces are to be line marked and designed in accordance with AS2890.1: Parking Facilities – Off Street Parking, except that the minimum width of each park must be 2.75 metres. All vehicle turning areas are to be designed to Australian Standards and must cater for the largest anticipated delivery vehicle. All driveways, parking areas and vehicle turning areas are to be maintained clear of obstructions and shall not be utilised for the storage of goods or waste materials. Timing: Prior to commencement of use and at all times thereafter.

6. PAVEMENT CONSTRUCTION The pavement for car parking bays and access ways must be sealed. The pavement is to be designed by a suitably qualified professional. Timing: Prior to commencement of use and at all times thereafter.

7. DEVELOPMENT STANDARDS – MINIMUM FINISHED FLOOR LEVEL Design and construct the development to provide a minimum finished floor level for all new habitable structures a minimum 300mm above the known standard flood level. Timing: Prior to the commencement of use. Advisory Note: Council notes the subject property was affected during the 2010 Emerald flood event. Council requires a minimum finished floor level 300mm above the known standard flood level on the site. Flood mapping will be available for public viewing in the near future.

8. EROSION & SEDIMENT CONTROL

(a) An Erosion and Sediment Control Plan (ESCP) must be submitted with engineering drawings for the approval of the Chief Executive Officer, or delegate. Erosion and Sediment Control Plans are to be prepared in accordance with the Capricorn Municipal Development Guidelines. (b) The requirements of the approved Erosion and Sediment Control Plan are to be implemented on site. Timing: (a) Prior to site clearing, construction or commencement of earthworks. (b) While site and/or building works are occurring.

9. DEVELOPMENT STANDARDS – CIVIL WORKS CONSTRUCTION

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All works, services, facilities and/or public utility alterations required by this approval or stated condition/s, whether carried out by Council or otherwise, shall be at the applicant/owner’s expense unless otherwise specified. The construction of all the works shall be undertaken in accordance with good engineering practice and workmanship and generally in accordance with the provisions of the Capricorn Municipal Development Guidelines. Timing: Prior to commencement of use.

10. DEVELOPMENT STANDARDS – CIVIL WORKS CONSTRUCTION – START OF WORKS Work shall not commence on the construction (or upgrading) of any proposed (or existing) road, park or other facility under (or proposed to be transferred to) the control, trusteeship or ownership of Council until: (a) All engineering plans, drawings, specifications, drainage calculations and plans for electricity

reticulation and street lighting (as prepared by a consulting electrical engineer or electricity provider) for the work have been lodged for Council’s approval,

(b) Council’s written approval for (a) has been issued; and (c) Any appeal, lodged against Council’s decision to approve (with or without conditions) the

development application, has been decided or resolved. Timing: Prior to commencement of use.

11. DEVELOPMENT STANDARDS – CIVIL WORKS CONSTRUCTION – SUPERVISION OF WORKS The construction of all works associated with the proposal shall be supervised by a registered engineer whose appointment shall require the approval of the Chief Executive Officer or delegate. On completion of the works the applicant/owner shall give to Council a Certificate from the engineer stating that the work of constructing the reconfiguration works has been completed in accordance with the plans and specification approved by Council. Plans showing ‘as constructed’ details of the reconfiguration works shall be submitted to Council in electronic DWG or DXF format before commencement of works. ‘As constructed’ details will be provided in the approval for Operational Works associated with this development. Timing: Prior to commencement of use.

12. AMENITY – EMISSIONS Operate the use so that there is no interference with the amenity of the area or detrimental affect on any person by reason of the emission of noise, vibration, smell, fumes, smoke, vapour, steam, soot, ash, waste water, waste products, grit, oil or otherwise. Timing: To be maintained at all times after the commencement of the use.

13. AMENITY - LIGHTING Angle or shade lighting used to illuminate any areas of the premises must be erected so the light does not directly illuminate or cause any environmental nuisance (eg. glare) to any nearby premises or roadways. Timing: To be maintained at all times after the commencement of use.

14. AMENITY - LANDSCAPING

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a) Landscaping and associated earthworks, site preparation and other necessary works are to be carried out in accordance with an approved landscape plan. The landscape plan is to be in accordance with Development Design Code of Council’s Planning Scheme.

b) Approval for the landscape plan is to be obtained from Chief Executive Officer, or delegate prior to any on site landscaping works occurring.

Timing: a) Prior to commencement of use and at all times thereafter. b) Prior to work commencing.

15. AMENITY – LANDSCAPE DESIGN REQUIREMENTS Landscaping is to be carried out in accordance with an approved, scaled landscape drawings prepared by a suitably qualified professional. The plans shall contain the following minimum information: • Surveyed location and botanical name of existing vegetation, including species’ height and

spread, • Specify vegetation to be retained and that to be removed; • Any structures or significant vegetation on adjoining properties that could impact upon the

site; • Existing contours and proposed finished levels for earthwork; • Location of existing and proposed services; • Location and detail of subsurface, stormwater drainage and overland flow path of grassed

swales; • General identification of hard and soft landscape treatments; • Location, species’ botanical name, pot size, numbers and mature height of all proposed

planting; and • Location of slope batters steeper than 1:4.

Timing: Prior to commencement of use and to be maintained at all times thereafter.

16. AMENITY – VISUAL The landscaped areas are to be maintained at all times and to be kept free of parked vehicles, stored goods, and garbage or waste materials. Timing: To be maintained at all times after commencement of use.

17. AMENITY – HOURS OF OPERATION The hours of operation are limited to between 6:30 am and 6:30 pm Monday to Saturday. The use is not permitted to operate on Sundays or public holidays. Timing: To be maintained at all times after the commencement of the use.

18. AMENITY – HOURS OF CONSTRUCTION

Construction work that makes or causes audible noise must only be carried out on site on Mondays through to Saturdays between the hours of 6:30am and 6:30pm. No audible noise is permitted on Sundays or Public Holidays. Timing: To be maintained at all times during construction works.

19. AMENITY – LOCATION OF SERVICE AND PLANT EQUIPMENT All service and plant equipment, including air conditioning units and light must be located so as not to cause a nuisance to the occupants of adjoining and neighbouring premises.

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Timing: To be maintained at all times after commencement of use.

20. WASTE MANAGEMENT In accordance with the Environmental Protection (Waste Management) Regulation 2000 waste containers are to be located as follows: � A fixed position at ground level close to the rear alignment of the building; or � At such other position as may be directed by the Chief Executive Officer, or delegate. In accordance with the Environmental Protection (Waste Management) Regulation 2000 the waste container storage area is to be constructed as follows: � Imperviously paved and suitably drained; � Fitted with a suitable hose cock and hose in the vicinity of the paved area; and � Screened with a suitable form of enclosure. Timing: Prior to commencement of use and at all times thereafter.

21. SERVICE VEHICLES

The operation of delivery vehicles and/or waste collection services is limited to between the hours of 6:30am and 6:30pm Monday to Saturday. No loading or unloading is permitted from the street. Timing: To be maintained at all times after commencement of use.

22. STORMWATER DRAINAGE – DISCHARGE & DISPOSAL All stormwater, with the exception of rainwater captured onsite in rainwater tanks, is to be drained from the site and carried without causing annoyance or nuisance to any person. The lawful point of discharge for stormwater is the kerb and channel in Industrial Drive and/or the stormwater easement at the rear of the property. All works must be designed in accordance with the Capricorn Municipal Development Guidelines (CMDG) and the Queensland Urban Drainage Manual (QUDM). Compliance with this condition must be demonstrated in an Operational Works application. Timing: Prior to commencement of use and maintained at all times thereafter.

23. PROVISION OF UTILITIES All electrical and telecommunications infrastructure servicing the development must be located underground, unless otherwise approved by the Chief Executive Officer and delegate. Evidence must be provided from relevant service providers that satisfactory arrangements have been made for such services. Timing: Prior to commencement of use.

24. CONNECTION TO SEWERAGE SYSTEM The development is to be connected to Council’s reticulated sewerage system. The sewer layout including connection branches are to be in accordance with design plans submitted and approved by the Chief Executive Officer or delegate. Only one connection point is permitted for the site. Design and construction of the connection must be in accordance with Council’s standards. Timing: Prior to commencement of use and at all times thereafter.

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25. CONNECTION TO WATER SUPPLY SYSTEM The development is to be connected to Council’s reticulated water supply system via a water meter. The meter shall be no greater than 32mm diameter. Only one water connection is permitted for the site. Design and construction of the connection must be in accordance with Council’s standards. Timing: Prior to commencement of use and at all times thereafter.

26. DISABILITY DISCRIMINATION ACT

Provision is to be made within the development for disabled access in accordance with Australian Standard 1428 and is to take into account the Disability Discrimination Act 1992 and the Anti-Discrimination Act 1991. Timing: Prior to commencement of use and at all times thereafter.’ Carried

Delegated Approvals Resolution: Cr Haylock moved and Cr Nixon seconded ‘That the following Delegated Approvals (3) be received: Former Shire of Emerald 2.1 – 4071/09 – Glenn Powell C/- RPS Australia East Pty Ltd – Talafa & Harts Road, Emerald – Reconfiguration of Lot (2 lots) – Negotiated Decision 2.2 – 4090/10 – Lascorp Development Group C/- ERM Australia Pty Ltd – Codenwarra Road, Emerald – Material Change of Use (Car Park) Former Shire of Peak Downs 2.3 – 4073/10 – Capella Mine Fix (Mark Tasker) C/- Scot Stewart Consultant Town Planner – 5 Cronin Street, Capella – Material Change of Use (Medium Impact Industry) Carried Acceptance of the General Manager – Environment & Planning’s Report Resolution: Cr Schwarz moved and Cr Hayes seconded ‘That the General Manager – Environment & Planning’s Report be received.’

Carried

GOVERNANCE & COMMUNITY SERVICES’ SEGMENT

Operational Plan – March 2011 Quarter Resolution: Cr Haylock moved and Cr Schwarz seconded ‘That the Operational Plan Report updated for the period July 2010 to March 2011 be adopted. Carried Acceptance of the General Manager – Governance & Community Services’ Report Cr Hayes moved and Cr Nixon seconded ‘That the General Manager – Governance & Community Services’ Report be received.’ Carried

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EXECUTIVE MANAGER CORPORATE STRATEGY Western Qld Local Government Association 75th Conference – Winton 13-14 April 2011 Resolution: Cr Nixon moved and Cr Rolfe seconded ‘That Council receives the report on Councillor and Officer attendance at the Western Qld Local Government Association Conference held in Winton 13-14 April 2011.’ Carried Acceptance of the Executive Manager Corporate Strategy’s Report Cr Hayes moved and Cr Brimblecombe seconded ‘That the Executive Manager Corporate Strategy’s’ Report be received.’

EXECUTIVE MANAGER AREA SERVICES Conflict of Interest Crs P. Maguire and P. Bell declared a Conflict of Interest in this matter due to their positions of Director and Proxy (Director) respectively of the Blackwater International Coal Centre.

Resolution: Cr Hayes moved and Cr Brimblecombe seconded ‘That it be deemed that Crs Maguire and Bell do not have a Conflict of Interest in this matter.’ Carried Road Closure Oak Street Blackwater Resolution: Cr Hayes moved and Cr Haylock seconded ‘That Council authorise the road closure of the southern end of Oak Street, Blackwater and the inclusion of the land into the adjoining Reserve identified for Historical and Cultural Purposes.’ Carried Acceptance of the Executive Manager Area Services’ Report Cr Nixon moved and Cr Hayes seconded ‘That the Executive Manager Area Services’ Report be received.’ Carried

CHIEF FINANCIAL OFFICERS REPORT

Offer of QTC Loan Facility Resolution: Cr Hayes moved and Cr Rolfe seconded ‘That Council acknowledges the loans identified in the 2010/2011 Debt Policy and determines that the $7.5million loan for Land Development not be drawn down and relevant Departments, Agencies and Authorities be advised accordingly.’ Carried Adjournment The meeting adjourned at 10.43am and resumed at 11.09am The following matter is exempt from material personal interest provisions as it is an ordinary business matter. All Councillors by virtue of the fact that they own property in the region have declared a conflict of interest in respect of this budget matter. As a majority of members have made such declaration they may deal with the matter.

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Fees and Charges for 2011/2012 Resolution: Cr Bell and Cr Haylock seconded ‘That the attached schedule of Fees and Charges, as presented and amended, be approved for the 2011/2012 Financial Year.’ Carried Acceptance of the Chief Financial Officer’s Report Cr Haylock moved and Cr Hayes seconded ‘That the Chief Financial Officer’s Report be received.’ Carried

CLOSED SESSION Into Closed Session Cr Bell moved and Cr Nixon seconded ‘That Council moves into closed session to discuss matters of a town planning & prejudicial nature’ Carried Out of Closed Session Cr Rolfe moved and Cr Hayes seconded ‘That Council moves out of closed session.’ Carried Presentation Nick Jorss (Managing Director), Vaughan Wishart (Project Development Manager), Michael McKee (Operations Manager) and Wendy Kramer (Project Geologist) from Stanmore Coal entered the meeting at 12.19 pm. After introductions, they provided Council with an overview of their proposal plans. They were invited to have lunch with Council after which they departed. Adjournment The meeting adjourned at 1.20pm and resumed at 2.00pm

CLOSED SESSION Into Closed Session Cr Rolfe moved and Cr Haylock seconded ‘That Council moves into closed session to discuss matters of a prejudicial nature’ Carried Presentation David Hobbs (District Manager), Tim Mullins (Area Manager Central West Region)and Ben Miller (Valuation Officer-Rockhampton) from the State Valuation Services entered the meeting at 2.00pm and departed at 3.40pm. Out of Closed Session Cr Haylock moved and Cr Brimblecombe seconded ‘That Council moves out of closed session.’ Carried

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QTC Long Term Sustainability Model Cr Hayes moved and Cr Rolfe seconded ‘That Council acknowledges the measures that are derived from the analysis of the Long Term 10 year financial plan. Further that the model be submitted to QTC for analysis as to long term sustainability of the Central Highlands Regional Council.’ Carried Acceptance of the Chief Financial Officer’s Report Cr Haylock moved and Cr Hayes seconded ‘That the Chief Financial Officer’s Report be received.’ Carried Presentation MCD J. Morarity (with A. Aylward, R. Stemm, S. MacDonald, R. Hall, L. Barnes, R. Bennett) entered the meeting. Janice gave a brief overview of the Launch of CH2022 The Mayor officially launched the Community Plan. (The Mayor, Deputy Mayor and Chief Executive Officer mentioned A. Crossan’s partner is their private Accountant). Review Proposed Master Development Plan Development located at Selma Road, Emerald Resolution: Cr Schwarz moved and Cr Hayes seconded ‘The applicant, Ms A Crossan, be advised that the additional information provided at the without prejudice briefing on the 4 April 2011 and of the subsequent letter of the 14 April 2011 for proposed master plan development (D452/07) on part of Lot 2 RP 842953 fronting Selma Road and Long Street, Emerald does not change the underlying grounds upon which Council refused the application. The planning issues raised by the elements and location of this development can only be comprehensively addressed as part of the preparation of the new CHRC Planning Scheme.’

Carried

GENERAL BUSINESS Cr Bulger Has received an email from the Australian Livestock Market seeking expressions of interest in hosting a Conference to be held May/June 2012. Australian Livestock Market Cr Bulger moved and Cr Nixon That Council submit an Expression of Interest to host the Australian Livestock Market Conference to be held in May/June 2012. Carried Cr Nixon

• Community interested in what is happening with the construction of new footpaths in Eclipse Street, Springsure. There was also discussion regarding the removal of the tree near the Post Office, before the footpath is constructed.

• A request had also been received on whether a shelter could be constructed near the Post Office when footpath works are carried out.

• Requested that the Meeting with Arcadia community regarding the roads be progressed. Representatives from Santos and mining companies to be invited to attend. Date to be advised.

Would like to congratulate the organisers of the 50th celebrations held at Lochington

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Cr Bell Emerald Swimming Pool Upgrade Can the design be looked at to include a fun park.

Cr Brimblecombe

• Availability of Residential Land in Rubyvale. Officers to discuss with Council. • A need to progress requests that have been made at earlier community consultations for Capella.

Cr Rolfe

• Problem with water pressure at the Rolleston Sports Ground. Would appreciate this looked at. • The Springsure Showgrounds Arena surface is becoming unsafe – if further Camp Drafts/Shows etc are

to be held there, it needs to be fixed due to safety reasons. Perhaps Council could see what has been done at Warwick Showgrounds Arena – progress after this year’s annual show.

• Stock Up For Hope Charity – any further payments from Councillors and Senior Staff to be forwarded to Fran and finalised.

Blackwater Native Title Resolution: Cr Nixon moved and Cr Brimblecombe seconded ‘That Council supports participating with ULDA in a proposal to Queensland South Native Title Serivces to seek its agreement not to pursue a claimant application or join opposing respondents to the proposed non-claimant applications in return for some benefit being provided on trust to relevant Traditional Owners Carried CLOSURE OF MEETING There being no further business, the Mayor closed the meeting at 5.04pm. CONFIRMED: MAYOR DATE