index – agenda · accommodation site plan a1 1006/3 01.02.2010 dts group qld single level type...

General Meeting of Council

MINUTES

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

Monday 2 November 2010

Commenced at 9.00am

CENTRAL HIGHLANDS REGIONAL COUNCIL

GENERAL MEETING OF COUNCIL

MONDAY 1 NOVEMBER 2010

MINUTES CONTENTS

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

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

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

General Council Meeting : 18 October 2010 ................................................................................................................ 2

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

COMMERCIAL SERVICES’ SEGMENT .......................................................................................................................... 2

Waste Strategy Presentation ......................................................................................................................................... 2

ENVIRONMENT & PLANNING SEGMENT ..................................................................................................................... 3

1.1 - 4018/09 Western Pacific Hotels C/- DTS Group Qld P/L – 3 Mackenzie & 3 Columba Streets, .......................... 3

Blackwater – Reconfiguration of Lot –Boundary Realignment & Material Change of Use – Workers’ Accommodation ....................................................................................................................................................................................... 3

1.2 – 4004/10 - TMD Trading (John Chudleigh) – King and Roberts Streets, Emerald – Material Change of Use – Light Industrial/Commercial ...................................................................................................................................... 12

Delegated Approvals ................................................................................................................................................... 20

4061/09 – Curragh QLD Mining Pty Ltd, C/- Buckley Vann Town Planning Consultants – 9 Hibiscus Street, Blackwater – Material Change of Use – Workers Accommodation – 381 Units and Public Facility – Other (Telecommunications Tower) ...................................................................................................................................... 21

Prostitution Act – Location of Brothels within the Central Highlands .......................................................................... 29

Urban Land Development Authority Draft Structure Plan – Council Officer Feedback ............................................... 29

GOVERNANCE & COMMUNITY SERVICES’ SEGMENT ............................................................................................ 29

Operational Plan – September 2010 Quarter .............................................................................................................. 29

Emerald Driver Training & Motorsport Complex .......................................................................................................... 29

Fees and Charges ....................................................................................................................................................... 30

EXECUTIVE MANAGER AREA SERVICES’ SEGMENT .............................................................................................. 30

Freeholding State Land At Springsure And Rolleston - Compulsory Acquisition Of Native Title ................................ 30

Freeholding State Land At Sapphire and Rubyvale - Compulsory Acquisition Of Native Title ................................... 30

CHIEF EXECUTIVE OFFICER’S REPORT .................................................................................................................... 31

Meeting Dates .............................................................................................................................................................. 31

GENERAL BUSINESS ................................................................................................................................................... 32

CLOSED SESSION ........................................................................................................................................................ 32

Into Closed Session ..................................................................................................................................................... 32

Out of Closed Session ................................................................................................................................................. 33

CLOSURE OF MEETING ............................................................................................................................................... 33

MINUTES – GENERAL COUNCIL MEETING – MONDAY 1 NOVEMBER 2010 – PAGE 2

MINUTES – GENERAL MEETING HELD AT 9.00AM MONDAY 1 NOVEMBER 2010 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, G. Nixon, R. Rolfe & P. Schwarz. Officers Chief Executive Officer B. Ottone, Executive Manager Area Services G. Frangos, Executive Manager Corporate Strategy B. Duke, General Manager Civil Operations B. Turner, A/General Manager Governance & Community Services L. Harman, General Manager Commercial Services C. Dziewicki, General Manager Corporate Services A. Brown, General Manager Environment & Planning P. Day, Manager Change & Communications M. Sidhu, Manager Development Services L. Lankowski APOLOGIES/LEAVE OF ABSENCE Cr P. Haylock Cr Nixon moved and Cr Bulger seconded ‘That an apology and Leave of Absence be granted to Cr P. Haylock for the period Monday 1 November 2010.’ CONFIRMATION OF MINUTES OF PREVIOUS MEETING

General Council Meeting : 18 October 2010 Resolution: Cr Schwarz moved and Cr Rolfe seconded ‘That the minutes of the above meeting, as printed and circulated to members, be adopted.’

Carried Business Arising Out Of Minutes Nil MATERIAL PERSONAL INTEREST, PERSONAL GIFTS & BENEFITS & CONFLICT OF INTEREST

• All Councillors declared a Conflict of Interest in Environment & Planning Segment Item 1.1 – 4070/10 • Cr P. Maguire declared a Conflict of Interest in Environment & Planning Segment Item 2.2 – 4038/10 • Cr P. Bell declared a Conflict of Interest in Environment & Planning Segment Item 2.2 – 4038/10

COMMERCIAL SERVICES’ SEGMENT

Waste Strategy Presentation General Manager Commercial Services C. Dziewicki presented a powerpoint presentation to Council regarding the Queensland Government Waste Strategy 2010-2020 and the impacts on Central Highlands Regional Council.

Attendance Cr Bell entered the meeting at 9.17am Acceptance of the General Manager – Commercial Services’ Report Cr Brimblecombe moved and Cr Hayes seconded ‘That the General Manager Commercial Services’ Report be received.’

Carried


ENVIRONMENT & PLANNING SEGMENT Former Shire of Duaringa 1.1 - 4018/09 Western Pacific Hotels C/- DTS Group Qld P/L – 3 Mackenzie & 3 Columba Streets, Blackwater – Reconfiguration of Lot –Boundary Realignment & Material Change of Use – Workers’ Accommodation

Application No: 4018/09 Applicant: Western Pacific Hotels C/- DTS Group QLD Pty Ltd Owner: Central Highlands Hotels P/L Site Address: 16 Railway Street, 3 Mackenzie Street and 3 Columba Street,

Blackwater QLD Real Property Description: Lot 1 on RP608586

Lot 2 on RP612177 Lot 602 on HT596

Area of Land: 9,704 m2 Current Use of Land: Hotel/Motel and Accommodation Units Applicant’s Name: Western Pacific Hotels C/- DTS Group QLD Pty Ltd Applicant’s Address: PO Box 361, Paddington QLD 4064 Applicable Planning Scheme: Duaringa Shire Planning Scheme Zone: Town – Commercial Precinct Proposal: Worker’s accommodation (96 units) & Boundary Realignment of

Two (2) allotments Approval Type: Development Permit Development Type: Material Change of Use & Reconfiguring of a Lot Level of Assessment: Impact Referral Agencies: Two (2):

Department of Main Roads – Concurrence Agency Queensland Transport – Concurrence Agency

Submissions: Thirteen (13), Twelve (12) with appeal rights Attachments: Approved Plans Submissions Locality Map Resolution Cr Bell moved and Cr Hayes seconded ‘That the applicant, Western Pacific Hotels C/- DTS Group QLD Pty Ltd be advised that the application for approval of a Reconfiguration of a Lot: Boundary Realignment on land at 16 Railway Street and Mackenzie Street, Blackwater QLD described as Lot 1 on RP608586 and Lot 602 on HT596 is refused on the following grounds: The reconfiguration will result in the proposed use being legally separated from necessary facilities required to service the worker’s accommodation (i.e. food premises). And further that the applicant, Western Pacific Hotels C/- DTS Group QLD Pty Ltd be advised that the application for approval of a Material Change of Use: Worker’s Accommodation on land at 3 Mackenzie Street and 3 Columba Street, Blackwater QLD described as Lot 1 on RP608586 and Lot 2 on RP612177 is approved subject to the following conditions: 1. APPROVED USES

The use permitted as part of this approval is Worker’s Accommodation. This approval has a currency period of four (4) years and will remain in force until 1 November 2014. 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 AND DOCUMENTATION

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 to this approval:

Title/Drawing/Instruction

Number Drawing/Sheet No.

Date Prepared By

Accommodation Site Plan A1 1006/3 01.02.2010

DTS Group QLD

Single Level Type – Ground Floor Layout

AO1 25.01.2009

The Maroon Group Pty. Ltd Single Level Type – First Floor

Layout AO2

Single Level Type – Elevations 1 of 2

AO3

Single Level Type – Elevations 2 of 2

AO4

Two Level Type – Ground Floor Layout

AO1 18.01.2009

Two Level Type– First Floor Layout

AO2

Two Level Type – Second Floor Layout

AO3

Two Level Type – Elevations 1 of 2

AO4

Two Level Type – Elevations 2 of 2

AO5

This approval limits the number of units to 96.

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 numbers 4 and 5 of this approval; • Revised site plan as per the requirements of condition 16 of this approval; and • Revised site plan as per the requirements of condition 20 of this approval.

The amended plan must be submitted to the Chief Executive Officer, or delegate for approval. When approved, these plans will form part of this approval.

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

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.

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 – LANDSCAPE PLAN MINIMUM FEATURES The amended plan shall incorporate the following:


• The Mackenzie Street, Doon Street and Columba Street boundaries of the site are to be landscaped with fast growing trees and shrubs in addition to all identified landscaping shown on approved plan A1 1006/3. Trees and shrubs shall have a mature height of between 2 m and 6 m. Car parking spaces 18, 22 and 23 are to be removed in lieu of such landscaping.

• The road reserve between the site and the kerb of Mackenzie Street, Doon Street and Columba

Street is to be planted with street trees, at a spacing of one (1) tree per 20 (m), and not be located within ten (10) metres of any point of access to the site or road intersection. The species must be fast growing with a dense crown, and sited in accordance with Ergon Energy’s “Plant Smart” document for the Central Highlands Regional Council area. The plantings must not create impact upon sewerage or water infrastructure, or affect safety of road users.

• Landscaping must be provided to the external edge of the site in accordance with that shown on

approved plan A1 1006/3.

• Landscaping is to be provided in accordance with the relevant Australian Standard and CPTED (Crime Prevention through Environmental Design) Guidelines.


6. 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.

7. 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.

8. AMENITY – VISUAL

The landscaped areas are to be maintained at all times and to be kept free of parked vehicles, stored goods, garbage or waste materials. All built structures shall be setback a minimum of 6 metres from Mackenzie, Doon and Columba Street.


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

9. AMENITY – MATERIALS The buildings to be constructed on site will be in accordance with design treatment and materials as identified on approved plans. This includes stone and timber treatment of stairwells, colours and building surfacing.



A 1.8 metre high fence of which is 25% visually permeable is to be constructed around the boundary. The fence must not impede sight lines within 6 metres of the intersection of Doon Street and Mackenzie Street. Timing: To be maintained at all times after commencement of use.

11. 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.

12. 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 in Sundays or Public Holidays. Timing: To be maintained at all times during construction works.

13. 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 is to 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.

14. 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: At all times once use has commenced.

15. SERVICE VEHICLES

The operation of delivery vehicles (excluding buses) and/or waste collection services is limited to between the hours of 6:30am and 6:30pm Monday to Saturday. Timing: To be maintained at all times after commencement of use.

16. CAR PARKING AND BUS BAY PROVISION

Car parking and bus bays are to be provided as in approved plans. 91 car parking spaces and 1 bus bay are to be provided on site. Timing: Prior to commencement of use and at all times thereafter.

17. CAR PARKING - STANDARD All car parking spaces are to be line marked and designed in accordance with AS2890.1: Parking Facilities – Off Street Parking. 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.

18. CAR PARKING – 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.

19. PROVISION OF WASH BAYS

A wash bay area shall be provided on site in accordance with approved plan A1 1006/3.

The design of the wash bay area must give consideration to preventing pollutants entering Council’s stormwater system and preventing excess stormwater entering Council’s sewer system. Compliance with this condition must be demonstrated as part of a Plumbing Works application and a Trade Waste agreement. Timing: Prior to commencement of use and at all times thereafter.

20. ACCESS DRIVEWAYS

Sealed driveways are to be constructed between the road pavement and the property boundary in accordance with an amended approved plan and must meet the requirements of the Capricornia Municipal Development Guidelines standard drawing SD-R-042, Rev C. One (1) driveway is permitted on each street frontage. Advisory Note: It is recommended any provision of entrance from Doon Street allows for adequate access to the bus set down area as shown in approved plans. Timing: Prior to commencement of use and at all times thereafter.


21. WORKS WITHIN ROAD RESERVE. All works within the Road Reserve are subject to an Operational Works Application.


22. ACCESS & INTERNAL ROADWAYS Proposed access and internal road layout must be capable of providing access and manoeuvring for service and delivery vehicles in accordance with AS2890.2 ‘Off Street Commercial Vehicle Facilities’ without interacting with the areas designated for parking in the submitted plans. All vehicles, including delivery vehicles, must be able to enter and exit the site in a forward direction.

Internal roads are to be constructed in accordance with Council’s standards as per the approved plans of development and include the following: a) Sealed pavement; b) Kerb and channel; c) Footpaths with disability/pram ramps at all changes of levels; and d) Lighting


23. UTILITIES – ELECTRICAL & TELECOMMUNICATIONS

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

24. 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.

25. 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.

26. 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 point where it may be lawfully discharged. In doing so, the developer/owner must:


Design the drainage system to cater for a fully developed upstream catchment, including designated points for concentrated inflow to the site; Adequately cater for all stormwater draining to the land, especially for existing stormwater flow paths that are interfered with by the development or by filling of the subject land; Not interfere with the natural flow of stormwater unless approved under an Operational Works application; Control all flows in order to prevent sedimentation and/or erosion; Not cause concentration of flows on adjoining property or on pedestrian footpaths; Not cause ponding on the site or on adjoining property; Collect within the premises all stormwater run-off from artificial and roof areas on the site and discharge it to the lawful point of discharge; Ensure that post-development flows from the site do not exceed pre-development flows in Q5 or Q100 rain events; and Ensure that stormwater draining from any area of the site prone to receiving pollutants, e.g. car parks, is treated to remove pollutants prior to leaving the site. In achieving the above conditions, the design and construction must comply with the Capricorn Municipal Development Guidelines are to be met. The lawful points of discharge for the site is the kerb and channel of Mackenzie Street, Doon Street and Columba Street Compliance with this condition must be demonstrated by obtaining an Operational Works development permit for the development. Timing: Prior to commencement of use.

27. FUTURE RESIDENTIAL BUILDINGS All future residential buildings to be located upon the subject land shall have a finished floor level

300mm above the Finished Surface Level. Timing: Prior to commencement of use.

28. 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 4.0m. Any such easement is to be provided at no cost to Council. Timing: Prior to commencement of use.

29. DEVELOPMENT STANDARDS – CIVIL WORKS CONSTRUCTION AND MAINTENANCE

PERIOD The construction of all the works shall be undertaken in accordance with good engineering practice and workmanship and generally in accordance with the Capricorn Municipal Development Guidelines. With respect to any infrastructure that will ultimately be owned by Council, 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: Prior to commencement of use.

30. 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 commencement of use.

31. WATER HEADWORKS

Headworks contribution of $55,512 must be paid in accordance with Council’s Planning Scheme Policy No. 2 – Water and Sewer Headworks Contributions based on the following: A = area of land Taw = equivalent tenements Cw = contribution applicable per equivalent tenement A x Taw x Cw = headwork’s contribution 7.64ha x 48.44 x $1,500 = $55,512


32. SEWERAGE HEADWORKS

Headworks contribution of $60,693 must be paid in accordance with Council’s Planning Scheme Policy No. 2 – Water and Sewer Headworks Contributions based on the following: A = area of land Taw = equivalent tenements Cw = contribution applicable per equivalent tenement Ax Taw x Cw = headwork’s contribution

7.64ha x 48.44 x $1,640 = $60,693 Timing: Prior to commencement of use.

33. WATER SUPPLY SYSTEM – CONNECTION

The development is to be connected to Council’s reticulated water supply system. The connection is to be provided and metered at the developer’s cost.


The water supply layout including provision for main cocks, enveloper pipes at cross street services, and valve and hydrant markers are to be in accordance with design plans submitted and approved by the Chief Executive Officer, or delegate.

Any upgrades/modification to the existing water infrastructure to cater for the proposed development will be at the Developer’s cost.

Note: The applicant is responsible for ensuring Queensland Fire Services requirements and guidelines with respect to fire fighting prevention measures are met with respect to this development.


34. SEWERAGE SUPPLY SYSTEM – CONNECTION

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. Any upgrades/modification to the existing sewer infrastructure to cater for the proposed development will be at the Developer’s expense. Timing: Prior to commencement of use.

35. 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.


36. TRADE WASTE

Council’s Commercial Services Department must be approached regarding the need for a trade waste agreement. If the Council requires a trade waste Permit, the Permit must be obtained and complied with at all times. Timing: Prior to commencement of use and at all times thereafter.

37. FOOD PREMISES

The premise is to be fitted out in accordance with the requirements of Australian Standard 4674-2004, Design Construction and Fit-Out of Food Premises and Food Safety Standard 3.2.3, Food Premises and Equipment.

Ventilation equipment shall be designed and installed in accordance with Australian Standard 1668.1 - 1998 and 1668.2 - 2002.


38. LAND TITLE – AMALGAMATION Lot 1 on RP608586, Lot 2 on RP612177 and Lot 602 on HT596 shall be amalgamated. Timing: Prior to commencement of use.


CONCURRENCE AGENCY CONDITIONS 1. QUEENSLAND TRANSPORT (RESPONSE ONLY)

Departmental Reference: TVS 435 890/02681 P30224 Development Application Number: 4018/09

2. DEPARTMENT OF MAIN ROADS:

Departmental Reference: E65178 830/175 P53611 Development Application Number: 4018/09 Lot 1 on Plan RP608586 on Lot 2 on Plan RP612177 & Lot 602 on Plan HT596 Establish 144 Unit Worker’s Accommodation

SUBMITTERS:

1. Blackwater Miners Rest Motel & Van Park, 4 Doon Street, Blackwater, 4717 2. Kev Cracknell, 18 Taurus Street, Blackwater, 4717 3. John Cameron, 23 Bottletree Avenue, Blackwater, 4717 4. Maree Todd, 38 Hibiscus Crescent, Blackwater, 4717 5. Richard & Michelle Firth, 17 Bredhauer Street, Blackwater, 4717 6. Linda James, 16 North Street, Blackwater, 4717 7. Dave Todd, 38 Hibiscus Crescent, Blackwater, 4717 8. Steven Grant, 20 Taurus Street, Blackwater, 4717 9. Zara and Shannon Bellette, 16 Taurus Street, Blackwater, 4717 10. Jay Denman, 47 Stower Street, Blackwater, 4717 11. Rod James, 16 North Street, Bluff, 4702 12. Petition (Kev Cracknell), 18 Taurus Street, Blackwater, 4717 13. Blackwater Lions Club (NAR), PO Box 174, Blackwater, 4717

Carried Former Shire of Emerald 1.2 – 4004/10 - TMD Trading (John Chudleigh) – King and Roberts Streets, Emerald – Material Change of Use – Light Industrial/Commercial Application No: 4004/10 Applicant: TMD Trading Pty Ltd Owner: Kaesbie Pty Ltd, CKC Corporation Pty Ltd

and JKCD Pty Ltd Site Address: 7 King Street Emerald

(also Robert Street and Selma Road) Real Property Description: Lot 7 on SP 202483 Area of Land: 4902 m² Current Use of Land: Vacant Applicant’s Address: C/ Mr J Chudleigh,

8 Blairgowrie Street, Dulwich Hill, NSW, 2203 Applicable Planning Scheme: Emerald Shire Planning Scheme (Amendment No. 1 – 2009) Zone: Town Zone: Rural Residential Precinct Proposal: Low Impact Industry, Warehouse, Bulk Store, Showroom, Vehicle

Showroom and or Plant Nursery Approval Type: Development Permit Development Type: Material Change of Use Level of Assessment: Impact Referral Agencies: Department of Transport and Main Roads Submissions: Nil Attachments: DTMR letter: datawork no. 397576

Site Plan Elevations Artistic Impression


Resolution: Cr Hayes moved and Cr Schwarz seconded ‘That the applicant, TMD Trading Pty Ltd, be advised that the application for approval of a Development Permit on land at 7 King Street, Emerald described as Lot 7 on SP 202483 is approved subject to the following conditions: 1. APPROVED USE

The use permitted as part of this approval is Low Impact Industry, Warehouse, Bulk Store, Showroom, Vehicle Showroom and or Plant Nursery. This approval will remain in force until 1 November 2014. 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 approval 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:

Type Project No. Sheet No. Date Prepared by

Plan of Development 09TMD K09 1 of 1 10/12/09 TMD Trading NE / SE / NW / SW Elevation 10TMD K007/2 2 of 2 01/02/10 TMD Trading N / S /E / W Elevation 10TMD K007/1 2 of 2 01/02/10 TMD Trading

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

3. 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.


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

5. 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 and Development Standards Code of Council’s Planning Scheme; and

b) Provision of a 1.8 m acoustic fence between buildings A and B extending 3.0 m past the end of

buildings A and B on the boundary between Lot 7 on SP 202483 and Lot 1 on RP616256; and c) 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.


c) Prior to work commencing 6. 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: a) Surveyed location and botanical name of existing vegetation, including species’ height and

spread; and b) Specify vegetation to be retained and that to be removed; and c) Any structures or significant vegetation on adjoining properties that could impact upon the site;

and d) Existing contours and proposed finished levels for earthwork; and e) Location of existing and proposed services, including irrigation system; and f) Location and detail of subsurface, stormwater drainage and overland flow path of grassed

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

planting; and i) Location of slope batters steeper than 1:4. Timing: Prior to commencement of use and to be maintained at all times thereafter


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 6:30 pm. No audible noise is permitted on Sunday or Public Holiday. Timing: To be maintained at all times during construction works.

8. AMENITY - HOURS OF OPERATION Hours of operation must be limited to between 6:00 am to 6:00 pm, Monday to Saturday. Timing: To be maintained at all times after commencement of use.

9. AMENITY – LOCATION OF SERVICE EQUIPMENT

All service equipment, including air conditioning units 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.

10. 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 (e.g. 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. 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.



12. WASTE MANAGEMENT

In accordance with the Environmental Protection (Waste Management) Regulation 2000 waste containers are to be located as follows: a) A fixed position at ground level close to the rear alignment of the building; or b) 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 area is to be as follows: • Imperviously paved and suitably drained; and • Fitted with a suitable hose cock and hose in the vicinity of the paved area; and

• Screened with a suitable form of enclosure.

The waste container area and containers must be situated and maintained in a way, so as not to cause visual or odour nuisances to adjoining or surrounding properties. Timing: At all times once use has commenced.


Operation of delivery vehicles and/or waste collection services is to be limited to between the hours of 6:00 am and 6:00 pm Monday to Saturday. Timing: To be maintained at all times after commencement of use.

14. CAR PARKING & LOADING BAY PROVISION

Twenty five (25) car parking spaces and two (2) loading bays are to be provided on site in accordance with the approved plan. Timing: Prior to commencement of use and at all times thereafter.

15. ACCESS & INTERNAL ROADWAYS

Proposed access and internal road layout must be capable of providing access and manoeuvring for service and delivery vehicles (Austroads – Single Unit Trucks – 12.5 m) in accordance with AS2890.2 ‘Off Street Commercial Vehicle Facilities’ without interacting with the areas designated for parking in the submitted plans. All car parking spaces are to be line marked and designed in accordance with AS 2890.1: Parking Facilities – Off-Street Parking, except that the minimum width of a car space must be 2.75 m. All vehicles, including delivery vehicles, must be able to enter and exit the site in a forward gear. In construction of the carparking area provision shall be made for the following: a) Sealed pavement; and b) Kerb and channel; and c) Barrier (eg. Bollards or similar devices), to prevent vehicles and bins encroaching from the

carparking area into the landscaping buffer area between buildings A and B on the southern side; and


d) Footpaths with pram / disability ramps at all changes of levels; and e) Lighting. Timing: Prior to commencement of use and at all times thereafter.

16. WORKS WITHIN ROAD RESERVE All works within the Road Reserve are subject to an Operational Works Application. The following works must be completed by the applicant at no cost to Council. a) King Street must be widened to Access Street standard (as defined by Capricorn Municipal

Development Guidelines) for the full frontage of the site, including the provision of barrier kerb and channel; and

b) provision of kerb and channelling for the full frontage of the site on Roberts Street; and

c) provision of 1.2 m wide footpaths along the King and Roberts Streets frontage, including a

pedestrian bridge across King Street swale drain. The existing access may be converted into a pedestrian bridge by the use of handrails and bollards. The footpath must link in with the existing footpath network north of Roberts Street and the proposed footpath on the eastern side of King Street.


17. ACCESS DRIVEWAYS Two (2) concrete driveways are to be constructed between the road pavement and the property boundary in the locations shown on plan and shall meet the requirements of Capricornia Municipal Design Guidelines drawing SD-R-042, Rev C. The vehicle entry and exit points to the site shall be clearly signposted. Timing: Prior to commencement of use and at all times thereafter.

18. PROVISION OF UTILITIES

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


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.

20. 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.



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

21. 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 point where it may be lawfully discharged. In doing so, the developer/owner must: a) Design the drainage system to cater for a fully developed upstream catchment, including

designated points for concentrated inflow to the site; and b) Adequately cater for all stormwater draining to the land, especially for existing stormwater flow

paths that are interfered with by the development or by filling of the subject land; and c) Not interfere with the natural flow of stormwater unless approved under an Operational Works

application; and d) Control all flows in order to prevent sedimentation and/or erosion; and e) Not cause concentration of flows on adjoining property or on pedestrian footpaths; and f) Not cause ponding on the site or on adjoining property; and g) Collect within the premises all stormwater run-off from artificial and roof areas on the site and

discharge it to the lawful point of discharge; and h) Ensure that post-development flows from the site do not exceed pre-development flows in Q5 or

Q100 rain events and may require retention/detention on site and i) Ensure that stormwater draining from any area of the site prone to receiving pollutants (e.g. car

parks) is treated to remove pollutants prior to leaving the site. In achieving the above conditions, the design and construction criteria set forth in the Capricorn Municipal Development Guidelines are to be met. The lawful point of discharge for the site is the open drain in Powell Street. Compliance with this condition must be demonstrated by obtaining an Operational Works development permit for the development. Advisory Notes i The swale drain and culverts leading to the open drain in Powell Street must be checked for

capacity; and ii It is advised that the existing swale drain on Roberts Street may need to be piped to allow

for the sealing and formation of the footpath Timing: Prior to commencement of use.

22. FLOOD MITIGATION – FINISHED LEVELS

The Finished Surface Level of the site must be 178.0m AHD or higher. All future residential dwellings to be located upon the subject land shall have a finished floor level of 178.3m AHD or 300mm above the Finished Surface Level, whichever is higher.





PERIOD The construction of all the works shall be undertaken in accordance with good engineering practice and workmanship and generally in accordance with the Capricorn Municipal Development Guidelines. With respect to any infrastructure that will ultimately be owned by Council, 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: (d) major repairs having been carried out to the works during the maintenance period; and/or (e) unsatisfactory operation of mechanical or electrical equipment during the maintenance period;

and/or

(f) erosion or sediment control is not operating or maintained satisfactorily. Timing: Prior to commencement of use.

25. 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; and

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.

26. WATER HEADWORKS

Pay a contribution of towards water supply headworks in accordance with Council’s Local Planning Policy No. 2 – Water Undertaking Headworks Contributions. The applicable rate is currently assessed at $1,255 per EP. The contribution rate has been calculated as follows: 40 EP / 10 000 m² = Light Industry 4902 m² site area


Existing credit of 4 EP for sewered allotment 40 EP / 10 000 m² x 4902 m² = 19.6 EP - 4 EP = 15.6 EP 15.6 EP x $1255 = $19 578 Timing: Prior to commencement of use.


Pay a contribution towards sewerage headworks in accordance with Council’s Local Planning Policy No. 3 – Sewerage Undertaking Headworks Contributions. The applicable rate is currently assessed at $1,361 per EP. The contribution rate has been calculated as follows: 40 EP / 10 000 m² = Light Industry 4902 m² site area Existing credit of 4 EP for sewered allotment

40 EP / 10 000 m² x 4902 m² = 19.6 EP - 4 EP = 15.6 EP 15.6 EP x $1361 = $21 231.60

You are advised the contribution rate is subject to periodic review. Timing: Prior to commencement of use.

28. CONNECT TO WATER SUPPLY SYSTEM

The development is to be connected to Council’s reticulated water supply system. The connection is to be provided and metered at the applicant’s expense. The water supply layout including provision for main cocks, enveloper pipes at cross street services, and valve and hydrant markers are to be in accordance with design plans submitted and approved by the Chief Executive Officer, or delegate. A Water Network Analysis is to be submitted at the time of applying for an Operational Works approval. The analysis is to define the anticipated impact of the development on Council’s reticulated water supply network. The analysis must be formally accepted as accurate and reasonable by Council to satisfy this condition. Where the accepted analysis shows that upgrades to Council’s existing network are required as a result of this development, such upgrades must be completed at the applicant’s cost. Timing: Prior to commencement of use and at all times thereafter.

29. CONNECT TO SEWERAGE SYSTEM

The development is to be connected to Council’s reticulated sewerage system. Only one sewer connection is to be made for the site. Any upgrades required to Council’s existing network as a result of this development will be at the applicant’s cost. Timing: Prior to commencement of use and at all times thereafter.

30. TRADE WASTE

A trade waste agreement must be obtained from Council and adhered to with regards to trade waste disposal.



CONCURRENCE AGENCY CONDITIONS 1. DEPARTMENT OF TRANSPORT AND MAIN ROADS Refer to Attachment 1 for copy of response. Departmental Reference: E76117, 830/252, P57976 Development Application Number: 4004/10 Lot 7 on SP202483 Establish Low Impact Industry, Warehouse, Bulk Store, Showroom, Vehicle Showroom and or Plant Nursery Delegated Approvals Resolution: Cr Brimblecombe moved and Cr Rolfe seconded ‘That the following Delegated Approvals (6) be received: Former Shire of Bauhinia 2.1 – 4072/10 – JJ & AM York – 32 Warrijo Street, Rolleston – Material Change of Use – Relocate House Former Shire of Duaringa Cr P. Maguire and Cr P. Bell declared a Conflict of Interest in the following matter, however this was dealt with and approved by Delegated Approval. 2.2 – 4038/10 – Blackwater International Coal Centre C/- RPS Australia East Pty Ltd – Littlefield Street, Blackwater – Material Change of Use – Caretaker’s Residence Former Shire of Emerald 2.3 - 4039/10 – Lachlan Winten C/- RPS Australia East Pty Ltd – 2 Campbell Ford Drive, Emerald – Material Change of Use – Low Impact Industry (Motor Vehicle Workshop) 2.4 – 4046/10 – Mosaic Developments Pty Ltd (Callum McAusland) C/- CQ Town Planning & Environment Pty Ltd – 17 White Street, Emerald – Reconfiguration of Lot – eleven (11) lots – Modification The following matter is exempt from Conflict of Interest provisions as it is an ordinary business matter. All Councillors by virtue of the fact that the following is a CHRC application have declared a conflict of interest in respect of this development application. GM Commercial Services C. Dziewicki declared he was the applicant for this application. As a majority of members have made such declaration they may deal with the matter. However this was dealt with and approved by Delegated Approval. 2.5 – 4070/10 – Central Highlands Regional Council – Rifle Range Road, Emerald – Reconfiguration of Lot

– Sixty-eight (68) lots

Former Shire of Peak Downs 2.6 – 4104/09 – Kestrel Mine Extension – Lilyvale Road, Capella – Material Change of Use – Workers’ Accommodation – Modification.’ Carried


LATE AGENDA ITEM

Former Shire of Duaringa 4061/09 – Curragh QLD Mining Pty Ltd, C/- Buckley Vann Town Planning Consultants – 9 Hibiscus Street, Blackwater – Material Change of Use – Workers Accommodation – 381 Units and Public Facility – Other (Telecommunications Tower) Application No: 4061/09 Applicant: Curragh QLD Mining Pty Ltd Owner: Department of Environment and Resource Management Site Address: 9 Hibiscus Street, Blackwater. Real Property Description: Part of Lot 17 on HT628 Area of Land: 2.86 ha Current Use of Land: Accommodation Applicant’s Name: Wesfarmers Curragh Pty Ltd Applicant’s Address: C/- Buckley Vann Town Planning Consultants, PO Box 205,

Fortitude Valley, QLD 4006 Applicable Planning Scheme: Duaringa Shire Planning Scheme, 2007 Zone: Town Zone: Residential Precinct Proposal: Material Change of Use – Workers Accommodation – 381 units

and Public Facility – Other (Telecommunications Tower). Approval Type: Development Permit Development Type: Material Change of Use Level of Assessment: Impact Referral Agencies: Department of Transport and Main Roads – Concurrence Agency Submissions: Five (5) Resolution: Cr Bell moved and Cr Brimblecombe seconded “That the applicant, Wesfarmers Curragh Pty Ltd, be advised that the application for a Material Change of Use and Reconfiguration of Lot on land at 9 Hibiscus Crescent described as Lot 17 on HT628 is approved subject to the following conditions; GENERAL 1. APPROVED USES

The use permitted as part of this approval is workers accommodation and public facility other. This approval has a currency period of four (4) years and will remain in force until 1st November 2014. 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 AND DOCUMENTATION

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 to this approval:

Drawing No./Plan Title/document title

Page No./ sheet No.

Issue No.

Date Prepared By

Single Persons Quarters SD1.01 May 2010 Thomson Adsett


Village Master Plan Single Persons Quarters Village Master Plan 3D views

SD1.02 May 2010 Thomson Adsett

Single Persons Quarters Village Master Plan Typical Unit Type


Single Persons Quarters Village Master Plan Modular Building Type_ Floor Plan


Single Persons Quarters Village Master Plan Proposed Roof Plan


Single Persons Quarters Village Master Plan Proposed Elevations & Sections


100004/SK4 (A) Proposed Site Drainage Plan

A Graham Scott & Associates

100004/SK5 (A) Complex Driveway Locations

A Graham Scott & Associates

100004/SK9(A) Proposed Landscaping Plan

1 of 3 A Graham Scott & Associates





90155 E Rocla Concrete Poles

This approval limits the number of units to 381.

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: • Revised site plan identifying location of wash bays as per the requirements of condition 14.

The amended plan must be submitted to the Chief Executive Officer, or delegate for approval. When approved, these plans will form part of this approval. Timing: Prior to commencement of use and at all times thereafter.

4. 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.


The landscaped areas are to be maintained at all times and to be kept free of parked vehicles, stored goods, garbage or waste materials. All built structures shall be setback a minimum of 6 metres from Manna and Hibiscus Street.


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.


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 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. Lighting is to 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.

9. 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: At all times once use has commenced.


The operation of delivery vehicles (excluding buses) 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.

11. CAR PARKING AND BUS BAY PROVISION

Car parking and bus bays are to be provided in general accordance with the approved plan, 254 car parking spaces and 2 bus bays are to be provided on site.



12. CAR PARKING - STANDARD All car parking spaces are to be line marked and designed in accordance with AS2890.1: Parking Facilities – Off Street Parking. 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.

13. CAR PARKING – 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.

14. PROVISION OF WASH BAYS

Two (2) wash bays shall be provided on site. A revised site plan identifying the location of the wash bays must be submitted to Council and approval obtained from the Chief Executive Officer, or delegate. The design of the wash bays must give consideration to preventing pollutants entering Council’s stormwater system and preventing excess stormwater entering Council’s sewer system. Timing: Prior to commencement of use.

15. ACCESS DRIVEWAYS

Sealed driveways are to be constructed between the road pavement and the property boundary in the locations shown on the approved plan and must meet the requirements of the Capricornia Municipal Development Guidelines standard drawing SD-R-042, Rev C. Timing: Prior to commencement of use and at all times thereafter.

16. WORKS WITHIN ROAD RESERVE. All works within the Road Reserve are subject to an Operational Works Application. A 1.5m wide footpath is to be installed along the site’s frontage to Hibiscus Street.


17. ACCESS & INTERNAL ROADWAYS Proposed access and internal road layout must be capable of providing access and manoeuvring for service and delivery vehicles in accordance with AS2890.2 ‘Off Street Commercial Vehicle Facilities’ without interacting with the areas designated for parking in the submitted plans. All vehicles, including delivery vehicles, must be able to enter and exit the site in a forward direction. Internal roads are to be constructed in accordance with Council’s standards as per the approved plans of development and include the following: e) Sealed pavement; f) Kerb and channel;


g) Footpaths with disability/pram ramps at all changes of levels; and h) Lighting Timing: Prior to commencement of use and at all times thereafter.

18. UTILITIES – ELECTRICAL & TELECOMMUNICATIONS All electrical and telecommunication infrastructure servicing the development must be located underground, unless otherwise approved by the Chief Executive Officer, or delegate. Evidence must be provided from relevant service providers that satisfactory arrangements have been made for the provision of such services. Timing: Prior to commencement of use.


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.

20. 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.


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

21. 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 point where it may be lawfully discharged. In doing so, the developer/owner must: (a) Design the drainage system to cater for a fully developed upstream catchment, including

designated points for concentrated inflow to the site; (b) Adequately cater for all stormwater draining to the land, especially for existing stormwater flow

paths that are interfered with by the development or by filling of the subject land; (c) Not interfere with the natural flow of stormwater unless approved under an Operational Works

application; (d) Control all flows in order to prevent sedimentation and/or erosion; (e) Not cause concentration of flows on adjoining property or on pedestrian footpaths; (f) Not cause ponding on the site or on adjoining property; (g) Collect within the premises all stormwater run-off from artificial and roof areas on the site and

discharge it to the lawful point of discharge; (h) Ensure that post-development flows from the site do not exceed pre-development flows in Q5 or

Q100 rain events; and (i) Ensure that stormwater draining from any area of the site prone to receiving pollutants, e.g. car

parks, is treated to remove pollutants prior to leaving the site. In achieving the above conditions, the design and construction criteria set forth in the Capricorn Municipal Development Guidelines are to be met.


The lawful point of discharge for the site is the underground stormwater system that traverses the site as well as adjacent to the site’s Hibiscus Street frontage. Compliance with this condition must be demonstrated by obtaining an Operational Works development permit for the development. Timing: Prior to commencement of use.

22. FUTURE RESIDENTIAL DWELLINGS All future residential dwellings to be located upon the subject land shall have a finished floor level

300mm above the Finished Surface Level. Timing: Prior to commencement of use.



PERIOD The construction of all the works shall be undertaken in accordance with good engineering practice and workmanship and generally in accordance with the Capricorn Municipal Development Guidelines. With respect to any infrastructure that will ultimately be owned by Council, 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:

(g) major repairs having been carried out to the works during the maintenance period; (h) unsatisfactory operation of mechanical or electrical equipment during the maintenance

period; and/or (i) Erosion or sediment control is not operating or maintained satisfactorily.


25. 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:

(d) 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;

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


(f) 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.

26. WATER HEADWORKS

Headworks contribution of $77,220 must be paid in accordance with Council’s Planning Scheme Policy No. 2 – Water and Sewer Headworks Contributions based on the following: A = area of land Taw = equivalent tenements Cw = contribution applicable per equivalent tenement A x Taw x Cw = headwork’s contribution 2.86ha x 18 x $1,500 = $77,220

The amount is applicable for a period of 12 months from the date of approval, and thereafter will be levied in accordance with Council’s annually revised Local Planning Scheme Policy – Water Supply Undertaking Headworks Contributions. Timing: Prior to commencement of use.


Headworks contribution of $84,427.20 must be paid in accordance with Council’s Planning Scheme Policy No. 2 – Water and Sewer Headworks Contributions based on the following: A = area of land Taw = equivalent tenements Cw = contribution applicable per equivalent tenement Ax Taw x Cw = headwork’s contribution

2.86ha x 18 x $1,640 = $84,427.20 The amount is applicable for a period of 12 months from the date of approval, and thereafter will be levied in accordance with Council’s annually revised Local Planning Scheme Policy - Sewerage Undertaking Headworks Contributions. Timing: Prior to commencement of use.

28. WATER SUPPLY SYSTEM – CONNECTION The development is to be connected to Council’s reticulated water supply system. The connection is to be provided and metered at the developer’s expense. The water supply layout including provision for main cocks, enveloper pipes at cross street services, and valve and hydrant markers are to be in accordance with design plans submitted and approved by the Chief Executive Officer, or delegate. Any upgrading of the existing water infrastructure to cater for the development will be at the Developer’s cost. Note: The applicant is responsible for ensuring Queensland Fire Services requirements and

guidelines with respect to fire fighting prevention measures are met with respect to this development.



29. SEWERAGE SUPPLY SYSTEM – CONNECTION

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. Any upgrading of the existing sewer infrastructure to cater for the development will be at the Developer’s cost. Timing: Prior to commencement of use.

30. 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.

31. TRADE WASTE

Council’s Commercial Services Department must be approached regarding the need for a trade waste agreement. If the Commercial Services Department deems the development requires a trade waste agreement, the agreement must be obtained and complied with at all times. Timing: Prior to commencement of use and at all times thereafter.

32. SITE MANAGEMENT

All excavated and/or filled areas are to be retained or battered and suitably drained so as to prevent any subsidence of the area and are to be constructed so as to deny any flow of water into or around the building or neighbouring buildings or on to adjacent land. Where a retaining wall is planned for this purpose and such a wall exceeds 1 metre in height, plans and specifications shall be checked by the Certifying Authority before work on the retaining wall commences. Timing: Prior to commencement of use and at all times thereafter.

33. FOOD PREMISES

The premises are to be fitted out in accordance with the requirements of Australian Standard 4674-2004, Design Construction and Fit-Out of Food Premises and Food Safety Standard 3.2.3, Food Premises and Equipment.

Ventilation equipment shall be designed and installed in accordance with Australian Standard 1668.1 - 1998 and 1668.2 - 2002.


CONCURRENCE AGENCY CONDITIONS 1. DEPARTMENT OF TRANSPORT AND MAIN ROADS Departmental Reference: E77098 830/468 SeDA 1277105647056 Development Application Number: 4061/10 Lots 17 on HT628 Workers Accommodation 381 units & Public Facility – Other (Telecommunications Tower).


Full copy of ‘Conditions of Development’ is attached. SUBMITTERS 1. Steven Grant, 20 Taurus Street, Blackwater Qld 4717. 2. Blackwater Community Progress Group, Po Box 509, Blackwater Qld 4717. 3. Jay Denman, 47 Stower Street, Blackwater Qld 4717. 4. Wayne Vesey, 24 Acacia Street Blackwater Qld 4717. 5. Len Beard, 359 Wecker Road, Mansfield Qld 4152 . Carried Prostitution Act – Location of Brothels within the Central Highlands Resolution: Cr Bell moved and Cr Hayes seconded ‘That Council make application to expand the exemption areas to prevent the receipt of applications for the provision of brothels to cover the entire local government area.’ Carried (7-1) Urban Land Development Authority Draft Structure Plan – Council Officer Feedback Resolution: Cr Nixon moved and Cr Bell seconded ‘That Council prepare a submission to the Urban Land Development Authority’s Draft Structure Plan for Blackwater containing issues identified and discussed within the report as a basis of the submission with comments and changes noted by Councillors.’ Carried Acceptance of the General Manager – Environment & Planning’s Report Resolution: Cr Nixon moved and Cr Bell seconded ‘That the General Manager – Environment & Planning’s Report be received.’

Carried

Adjournment The meeting adjourned for a short break at 10.45am and resumed at 11.08am

GOVERNANCE & COMMUNITY SERVICES’ SEGMENT Operational Plan – September 2010 Quarter Resolution: Cr Bell moved and Cr Hayes seconded ‘That the attached Operational Plan Report updated for the period July – September 2010 be adopted.’ Carried Emerald Driver Training & Motorsport Complex Resolution: Cr Brimblecombe moved and Cr Bulger seconded ‘That the tender for the revised extent of works for Stage 1 of the Emerald Driver Training & Motorsport Complex, be awarded to Shadforths Civil Engineering Contractors Pty Ltd. at a tendered price of $2,253,524.07 (excl GST).’ Carried


LATE AGENDA ITEM Fees and Charges Resolution: Cr Hayes moved and Cr Nixon seconded ‘That Council amend the Schedule of Fees and Charges by adding:

• Ownership details (name and address records) non-neighbouring land - $20 • Ownership details (name and address records) for neighbouring land – Nil.’

Carried

Acceptance of the General Manager – Governance & Community Services’ Report Cr Nixon moved and Cr Bell seconded ‘That the General Manager – Governance & Community Services’ Report be received.’ Carried

EXECUTIVE MANAGER AREA SERVICES’ SEGMENT

Freeholding State Land At Springsure And Rolleston - Compulsory Acquisition Of Native Title Resolution: Cr Nixon moved and Cr Hayes seconded ‘That in relation to Lot 1 on SP231839 (formerly Part of Lot 75 on S874); Lot 8 on SP231836 (formerly Part of Lot 72 on S8717); Lot 50 on DSN951; Lot 73 on SP 228007 (formerly Lot 73 on SP151671) and Lot 1 on SP 228007 (formerly Lot 73 on SP151671) – Springsure and Rolleston; noting that there are no objections to the compulsory acquisition and being of the opinion that the land in question is required for the purposes for which any native title rights and interests are proposed to be taken, Council resolves to proceed with the proposed compulsory acquisition without change over the land described in the Notice of Intention to Acquire Native Title Rights and Interests which was authorised at Council’s meeting on 17 September 2010 and Council now authorises the Chief Executive Officer to make application to the Minister for Natural Resources, Mines and Energy and Minister for Trade under the Acquisition of Land Act, 1967.’ Carried Freeholding State Land At Sapphire and Rubyvale - Compulsory Acquisition Of Native Title Resolution: Cr Bulger moved and Cr Nixon seconded ‘That: A. Noting that there are no objections to the compulsory acquisition and being of the opinion that

the land situated at Sapphire is required for the purposes for which any native title rights and interests are proposed to be taken, Council resolves to:

i. proceed with the proposed compulsory acquisition without change over the land described in the Notice of Intention to Acquire Native Title Rights and Interests as Lot 1 on SP235821 (formerly Part of Lot 2 on AP12245 and Part of Lot 106 on USL47047; and then formerly Lot 1 on AP19970 ), and Lot 6 on AP19924 (formerly part of Lot 3 on AP12015;) which was authorised at Council’s meeting on 18 January 2010; and

ii. authorise now the Chief Executive Officer to make application to the Minister for Natural Resources, Mines and Energy and Minister for Trade under the Acquisition of Land Act, 1967”.

B. Noting that there are no objections to the compulsory acquisition and being of the opinion that the land situated at Rubyvale is required for the purposes for which any native title rights and interests are proposed to be taken as long as the parcel is not substantially covered by protected vegetation, Council resolves to:

i. proceed with the proposed compulsory acquisition without change over the land described in the Notice of Intention to Acquire Native Title Rights and Interests as Lot 1


on SP210530 (formerly Lot 325 on USL47049 and Lot 3 on USL47049; then formerly Lot 1 on AP19613) which was authorised at Council’s meeting on 18 January 2010; and

ii. authorise now the Chief Executive Officer to make application to the Minister for Natural Resources, Mines and Energy and Minister for Trade under the Acquisition of Land Act, 1967 upon receipt of written confirmation from Department of Environment and Resource Management that there are no legislative requirements or regulations pertaining to vegetation that require Council to reconsider the proposed purpose.’

Carried

Acceptance of the Executive Manager Area Services’ Report Cr Bell moved and Cr Hayes seconded ‘That the Executive Manager Area Services’ Report be received.’

Carried

CHIEF EXECUTIVE OFFICER’S REPORT

Meeting Dates Resolution: Cr Rolfe moved and Cr Bell seconded ‘That the following General Council meeting dates be adopted for the 2011 calendar year: January - Monday 17th

February - Monday 7th

- Monday 21st -

March - Monday 7th - Monday 21st April - Monday 4th

- Monday 18th May - Tuesday 3rd (Monday 2nd is a public holiday)

- Monday 16th

June - Monday 6th

- Monday 20th

July - Monday 4th

- Monday 18th

August - Monday 1st

- Monday 15th

September - Monday 5th - Monday 19th

October - Monday 3rd

- Monday 17th

November - Monday 7th

- Monday 21st


December - Monday 12th (one in December) January 2012 - Monday 16th (One in January) Note: One Tuesday meetings in 2011 (3rd May). Suggested only one meeting in December on 2nd Monday (12thDecember,2011)’ Acceptance of the Chief Executive Officers’ Report Cr Bell moved and Cr Hayes seconded ‘That the Chief Executive Officers’ Report be received.’ Carried

GENERAL BUSINESS Community Consultations CEO B Ottone reminded Councillors and Officers of the upcoming community consultations being held on Monday 8 November 2010 at Bogantungan, Willows/Gemfields, Sapphire/Rubyvale and Anakie. Cr Nixon Thanked Council for the use of the car for the Outback Trailblazer rally. Cr Nixon mentioned that her team won the rally. Condition of Main Roads (TMR) Resolution: Cr Nixon moved and Cr Rolfe seconded ‘That Council approach the Minister Department Transport and Main Roads regarding the poor and dangerous conditions of state controlled roads within the region.’

Carried

Local Hospital Networks Council to make a submission on the National Health Reform before 5 November 2010. Need to have Central Highlands as a hub for health. Healthy Queensland Awards Funding applications are available and Council to consider making an application. Regional Arts Development Fund New Cultural Development Officer starts on 15 November. Cr Hayes Saleyards Follow up work has been done and also looking at other funding opportunities.

CLOSED SESSION

Into Closed Session Cr Bell moved and Cr Rolfe seconded ‘That Council moves into Closed Session to discuss various town planning matters.’

Carried

Presentation Jayne Griffths (Acting Planning Manager) and Glenn Boyd (Principal Engagement Officer) from ULDA entered the meeting at 12.10pm to present the draft structure plan. MSP Alexis Aylward & MCD Janice Moriarty attended this session.


Out of Closed Session Cr Nixon moved and Cr Brimblecombe seconded ‘That Council moves out of Closed Session.’ Carried Jayne & Glenn were invited to lunch with Council after which they departed. Adjournment The meeting adjourned for lunch at 1.10pm & resumed at 2pm.

Into Closed Session Cr Nixon moved and Cr Schwarz seconded ‘That Council moves into Closed Session to discuss a town planning matter.’

Carried Out of Closed Session Cr Bell moved and Cr Hayes seconded ‘That Council moves out of Closed Session.’

Carried

CHRC General Council Meeting Agenda Resolution: Cr Schwarz moved and Cr Bulger seconded ‘That the agenda for Councils General Meetings be uploaded onto Councils website from 1 November 2010 on the day of the Council meeting.’

Carried Resolution: Cr Nixon moved and Cr Rolfe seconded ‘That discussions regarding a town planning matter were held and the General Manager Environment & Planning P. Day and Manager Development Services L. Lankowski be authorised to advise Council lawyers on the outcomes of those discussions held in Closed Session.

CLOSURE OF MEETING There being no further business, the Mayor closed the meeting at 2.55pm. CONFIRMED: MAYOR DATE

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