minutes council meeting - goldcoast.qld.gov.au · 8/27/2019 · this year’s theme celebrated the...

778

Minutes of the

Council Meeting held

Tuesday 27 August 2019

at

1pm

City of Gold Coast Council Chambers 135 Bundall Road, Surfers Paradise

778th Council Meeting 2 27 August 2019 Minutes

INDEX

Minutes (778)

Council Meeting

Tuesday 27 August 2019

Opening Prayer – Pastor Stefan Maslen of Crosslife Church, Highland Reserve

Australian National Anthem

ITEM SUBJECT

1 ATTENDANCE / LEAVE OF ABSENCE

1.1 Cr Vorster

2 CONDOLENCES

3 MAYORAL MINUTE

3.1 Commonwealth Walkway Plaque London

4 CONFIRMATION OF MINUTES

4.1 The Seven Hundred and Seventy Seventh Ordinary Meeting of the Council of the City of Gold Coast, held Tuesday, 13 August 2019 at 1pm

5 MAYOR’S REPORT

6 CLARIFICATION – MEMBERS

7 BUSINESS ARISING FROM MINUTES

8 PRESENTATIONS

9 RECEPTION AND CONSIDERATION OF COMMITTEE REPORTS

9.1 Transport and Infrastructure 15 August 2019

9.2 Lifestyle and Community 15 August 2019

9.3 Economy, Planning and Environment 21 August 2019

9.4 Water & Waste 22 August 2019

9.5 Events, Tourism and Governance 22 August 2019

10 CONSIDERATION OF NOTICES OF MOTION

11 QUESTIONS ON NOTICE / ANSWERS TO QUESTIONS ON NOTICE

12 PRESENTATION OF PETITIONS

12.1 Dixon Drive Pimpama Safety – Outside Pimpama State Secondary College

Cr Caldwell


ITEM SUBJECT

13 GENERAL BUSINESS

13.1 Upper Coomera Centre Cr Gates

13.2 Global Wave Conference 2020 Cr O'Neill

13.3 Hinterland Small Schools Science Day Cr O'Neill

13.4 Global Wave Conference 2020 Cr McDonald

13.5 Gold Coast Catchment Association Cr McDonald

13.6 MOU Makassar , Indonesia Cr Tate

14 OTHER BUSINESS

14.1 July 2019 Monthly Financial Report

14.2 Temporary Local Planning Instrument No 6 – Request To Proceed To Adoption

14.3 Temporary Local Planning Instrument No 7 – Request To Proceed To Adoption


ADOPTED AT COUNCIL RESOLUTION G19.0920.005 moved Cr Tate seconded Cr Gates

That the Minutes of the Seven Hundred and Seventy Eighth Ordinary Meeting of the Council of the City of Gold Coast, held Tuesday, 27 August 2019 at 1pm be confirmed.

CARRIED

Minutes of the Seven Hundred and Seventy Eighth Ordinary Meeting of the Council of the City of Gold Coast held at the City of Gold Coast Chambers, 135 Bundall Road, Surfers Paradise, on Tuesday 27 August 2019, at 1pm. The Mayor, Cr T R Tate, welcomed Pastor Stefan Maslen of Crosslife Church, Highland Reserve, to open the meeting in prayer. National Anthem 1 ATTENDANCE Cr T R Tate Mayor Cr D Gates Cr W M A Owen-Jones Cr C M Caldwell Cr K L Boulton Cr P J Young Cr D M Crichlow OAM Cr G J Baildon AM Cr R La Castra Cr G M Tozer Cr P A Taylor Cr P C Young Cr D I McDonald Cr G M O’Neill Mr A Twine Acting Chief Executive Officer Mr A Llewellyn Acting Chief Operating Officer Ms A Ewens Director Lifestyle and Community Services Mr P Heaton Director Water & Waste Mr G Mather Acting Director Organisational Services Ms A Swain Director Economy, Planning & Environment Ms C Watt City Solicitor 1.1 LEAVE OF ABSENCE / APOLOGIES That the Leave of Absence for Cr Vorster be noted. 2 CONDOLENCES Nil


3 MAYORAL MINUTE 3.1 COMMONWEALTH WALKWAY PLAQUE LONDON

FN334/375/02/08 Councillors, As you will recall, the City of Gold Coast was the first city in the Commonwealth outside of the United Kingdom to install a Commonwealth Walkway to mark the reign of Her Majesty Queen Elizabeth II and to provide a lasting legacy of the Commonwealth Games for future generations for the City. This walkway, with its 37 points of interest along a 10 kilometre path, stretches from the historic Council chambers at Southport to our current chambers here at Evandale. The City has provided documents and information to make this trail relevant to the community. His Royal Highness the Prince of Wales remarked to me during the Commonwealth Games, where he unveiled the final marker and plaque that he was proud of what the City has achieved with this walkway. I understand from the Queens Outdoor Trust, that our Commonwealth Walkway is being held up as the ‘exemplar’ of how to undertake this type of project. Councillors, an opportunity has now arisen to extend on the goodwill generated by this project, with an opportunity to place a City of Gold Coast plaque in London outside of Australia House. I anticipate that such a plaque recognising not only the City, but indeed Australia’s entire role as part of the Commonwealth of Nations, is a unique opportunity that further enhances our reputation as a global city by providing a tangible point of interest for generations to come. Australia House receives thousands of visitors per year and the placement of a Commonwealth Walkway plaque recognising the Gold Coast is our ideal opportunity to both promote the City and recognise the contribution this City has made to the Commonwealth of Nations. Councillors, I seek your approval for $25,000 to be made available from city funds in the September budget review towards the production and installation of a Commonwealth Walkway plaque in London, the source of funds being from the economic development area of the Economy, Planning & Environment directorate. Recommended motion: That $25,000 be made available in the September budget review towards the production and installation of a Commonwealth Walkway plaque in London at Australia House, with the source of funds being from Economic Development Cost Centre 0001006414 – Business GC Marketing & Promotions; Economic, Planning & Environment directorate. RESOLUTION G19.0827.001 moved Cr Tate That $25,000 be made available in the September budget review towards the production and installation of a Commonwealth Walkway plaque in London at Australia House, with the source of funds being from Economic Development Cost Centre 0001006414 – Business GC Marketing & Promotions; Economic, Planning & Environment directorate.

CARRIED UNANIMOUSLY


4 CONFIRMATION OF MINUTES RESOLUTION G19.0827.002 moved Cr Tozer seconded Cr PC Young That the Minutes of the Seven Hundred and Seventy Seventh Ordinary Meeting of the Council of the City of Gold Coast held on Tuesday 13 August 2019 at 1pm be confirmed.

CARRIED 5 MAYOR’S REPORT 5.1 RECENT VISITS AND SPEECHES


5 MAYOR’S REPORT (Continued) 5.1 RECENT VISITS AND SPEECHES (Continued)

Keynote Address - Isle of Capri Ladies Probus Club

This year the group celebrate their 32nd anniversary.

Probus is all about Friendship, Fellowship and Fun in retirement.

They provide retired and semi-retired business and professional women with the opportunity to join together in clubs and to progress healthy minds and active bodies through social interaction and activities in our community.



Future Gold Coast Business Leaders Roundtable

It was great to gather together with many of the City’s leaders, who represent key sectors of our city.

There was wide support for more tourism infrastructure, like a cruise ship terminal, as well as light rail down to the airport.



Vietnam Veterans Day

Cr Paul Taylor and Cr Peter Young attended.

Vietnam Veterans Day is commemorated on 18 August every year. It is a day chosen to commemorate the men of D Company, 6RAR who fought in the battle of Long Tan in 1966.

On that day 108 Australian and New Zealand soldiers fought a pitched battle against over 2000 North Vietnamese and Viet Cong troops in a rubber plantation not far from the small village of Long Tan.

Over time all Vietnam Veterans adopted the day as one to commemorate those who served and died in Vietnam.

In 1987, Prime Minister Bob Hawke announced that Long Tan Day would be known as Vietnam Veterans Day. Since then it has been commemorated every year as the day on which the service of all those men and women who served in Vietnam is remembered.



First Aid Training

I did my refresher to keep my First Aid and CPR qualifications up to date.

First Aid knowledge is extremely valuable for our whole community as it enables everyone to assist persons who become injured in the event of an accident or emergency situation until help arrives.

First Aid skills can be applied in the home, the workplace or in public locations, thus the more First Aid certified people there are in a community the safer it becomes.

I encourage all Gold Coasters to go and get their First Aid and CPR qualifications or make sure you get yours renewed.



Multicultural Communities Council Gold Coast’s Annual International Café Event

Cr Boulton attended.

This 12th annual event coincided with Seniors Week and Queensland Multicultural month offering a fun, vibrant and exotic cultural place for the 700 participants from all ages and backgrounds attending this free community event.



Official Opening of Aveo's Senior Talent Show

As part of Seniors Week, Aveo put on their 3rd talent show for its residents from across Brisbane and the Gold Coast.

I had the pleasure of launching the Show and first act of the day and with 20 acts and $500 up for grabs, the competition was fierce.



2019 Mayor's Seniors Week Concert

I opened 2 of the shows, and the Deputy Mayor opened 1 of the shows.

This year was again booked-out at HOTA!

This year’s theme celebrated the sensational 60s and 70s, with tracks from The Beatles, ABBA, Elvis Presley, The Bee Gees and more.

I’m so glad we can put on this FREE event for the seniors community as just one small way we can give back and say thank you.



Keynote Address - Excellence in Civil Construction Awards

These Awards are held each year by The Civil Contractors Federation Queensland Limited (CCF QLD).

They represent the interests of the civil construction industry in Queensland.

They provide the industry with assistance, expertise and support on industry issues.

Congratulations to all nominees and winners.



Inaugural Pastoral Visit of New Primate of the Greek Orthodox Church of Australia, His Eminence Archbishop Makarios

It was great to be at the Greek Orthodox Church of St Anna in Bundall for His Eminence Archbishop Makarios’ inaugural pastoral visit.



Official Opening of Peninsular Residences

About a year ago I attended the sod turning for this project, so it was great to be part of the official opening of the finalised development.

It's fantastic to see a developer showing confidence in the Gold Coast and particularly the Surfers Paradise and Chevron Island precinct.

This project will complement many Council-led initiatives including the $380 million HOTA, the proposed Gold Coast ferry service and two new green bridges which will link Surfers Paradise, Chevron Island and Bundall.

Together, these amenities will create a highly accessible cultural and lifestyle hub with HOTA at its heart.



Presentation Gold Coast Churches of Christ Senior Leadership Forum

This event brought together key leaders from various churches on the Gold Coast.

I spoke to the group about “Quality in Leadership”.

RESOLUTION G19.0827.003 moved Cr Tate seconded Cr Gates That the Mayor’s Report be welcomed and noted.

CARRIED


6 CLARIFICATION - MEMBERS Nil 7 BUSINESS ARISING FROM MINUTES Nil 8 PRESENTATIONS Nil


9 RECEPTION & CONSIDERATION OF COMMITTEE REPORTS 9.1 TRANSPORT AND INFRASTRUCTURE Cr PC Young, Chairperson of the Transport and Infrastructure Committee, presented the Report of the Meeting of the Transport and Infrastructure Committee held on Thursday, 15 August 2019. RESOLUTION G19.0827.004 moved Cr PC Young seconded Cr Taylor That the Report of the Transport and Infrastructure Committee Meeting held on Thursday, 15 August 2019, covered by Recommendations numbered TI19.0815.001 to TI19.0815.006, be received.

CARRIED Note: The Transport and Infrastructure Committee Report be updated to show that

Cr Caldwell was absent for the meeting. ITEM 3 SURFERS SOUTH OCEANWAY

WF3/46/31(P1) RESOLUTION G19.0827.005 moved Cr Tate seconded Cr PJ Young

That Committee Recommendation TI19.0815.003 be adopted with changes to parts 3 & 4 such that it reads in its entirety as follows:- 1 That Council notes the contents of this report. 2 That Council notes that the Surfers South Oceanway forms part of the coastal

cycle and pedestrian route and that completion of this project will contribute to a key action in the Gold Coast City Transport Strategy 2031.

3 That Council continue with the planning of the Surfers South Oceanway as

described in this report but holds delivery until the State Government confirms 50% funding for the project through the State Government Cycle Network Local Government Grants Program.

4 That the Mayor write to the Minister and seek 50% of the project cost through

the State Government’s Cycle Network Local Government Grants Program.

CARRIED UNANIMOUSLY ADOPTION OF THE TRANSPORT AND INFRASTRUCTURE COMMITTEE REPORT RESOLUTION G19.0827.006 moved Cr PC Young seconded Cr Taylor l That the Report of the Transport and Infrastructure Committee Meeting of Thursday, 15 August 2019, covered by Recommendations numbered TI19.0815.001 to TI19.0815.006, be adopted with the exception of Recommendation Number TI19.0815.003 which was specifically resolved.

CARRIED UNANIMOUSLY


9 RECEPTION & CONSIDERATION OF COMMITTEE REPORTS (Continued) 9.2 LIFESTYLE AND COMMUNITY Cr O'Neill, Chairperson of the Lifestyle and Community Committee, presented the Report of the Meeting of the Lifestyle and Community Committee held on Thursday, 15 August 2019. RESOLUTION G19.0827.007 moved Cr O'Neill seconded Cr Boulton That the Report of the Lifestyle and Community Committee Meeting held on Thursday, 15 August 2019, covered by Recommendations numbered LC19.0815.001 to LC19.0815.005, be received.

CARRIED ITEM 4 MANAGEMENT OF GOLD COAST TOURIST PARKS

LG314/411/19/065 REPORT CONFIDENTIAL Conflict of Interest – Cr Tozer

Pursuant to section 175E(2) of the Local Government Act 2009, I would like to inform the meeting that I have a personal interest in this matter, which I recognise may be a real or perceived conflict of interest the particulars of which are as follows:

The nature of the interest is: A bidder for the contract, Belgravia Pro Pty Ltd has a close relationship to Belgravia Leisure (pool operators) who provided approximately $1500 in swimming lessons in return for a promotional video.

The name of the person or entity is: Belgravia Pro Pty Ltd

The nature of the relationship is: A related entity to the bidder provided swimming lessons to me in return for promotion including a video.

The value of the gift is: $1500 approximately

The date of receipt of the gift is: 2016-17

The nature of the other person’s interest in the matter is: Belgravia is named in the report.

I will now leave and stay away from the meeting so that the matter may be discussed and voted on in my absence. Cr Tozer left the room. RESOLUTION G19.0827.008 moved Cr O'Neill seconded Cr PC Young

That Committee Recommendation LC19.0815.004 be adopted as printed which reads as follows:-

1 That the report/attachment be deemed non-confidential except for those parts deemed by the Chief Executive Officer to remain confidential in accordance with sections 171 (3) and 200 (5) of the Local Government Act 2009.

2 That Council accepts the tenders submitted, without rise and fall, to establish preferred supplier arrangement LG314/411/19/065, Management of Gold Coast Tourist Parks for a period of five years with a five year extension option (at the City’s discretion) as per the report.

3 That Council notes that the arrangement will require funding over five (plus five) financial years and is to be included in the relevant recurrent operational budgets under Responsibility Centre CS4470.

CARRIED UNANIMOUSLY

Cr Tozer returned to the room


9 RECEPTION & CONSIDERATION OF COMMITTEE REPORTS (Continued) 9.2 LIFESTYLE AND COMMUNITY (Continued) ITEM 5 KIRRA PAVILION

PN307016/16(P3) REPORT CONFIDENTIAL Conflict of interest – Cr O’Neill Pursuant to section 175E(2) of the Local Government Act 2009, I would like to inform the meeting that I have a personal interest in this matter, which I recognise may be a real or perceived conflict of interest the particulars of which are as follows: The name of the person or entity is: Ganra Pty Ltd

The nature of the relationship is: Received election donation

The value of the gift or benefit is: $10,000

The date of receipt of the gift is: 19 February 2016

The nature of the other person’s interest in the matter is: Ganra Pty Ltd associated with Kirra Hotel who lodged ‘Expression of Interest’ and named in report.

I will now leave and stay away from the meeting so that the matter may be discussed and voted on in my absence. Cr O'Neill left the room. Conflict of Interest – Cr Caldwell


The nature of the interest is: Donation received from a related party to potential lessee

The name of the person or entity is: Ganra Pty Ltd

The nature of the relationship is: Election donation

The value of the gift is: $10,000

The date of receipt of the gift is: 19 February 2016

The nature of the other person’s interest in the matter is: Related party is applicant as lessee

I will now leave and stay away from the meeting so that the matter may be discussed and voted on in my absence. Cr Caldwell left the room.


9 RECEPTION & CONSIDERATION OF COMMITTEE REPORTS (Continued) 9.2 LIFESTYLE AND COMMUNITY (Continued) ITEM 5 KIRRA PAVILION (Continued)

PN307016/16(P3) REPORT CONFIDENTIAL Conflict of Interest – Cr Owen-Jones


The nature of the interest is: I received hospitality from Knight Frank

The name of the person or entity is: Knight Frank

The nature of the relationship is: Hospitality

The value of the gift is: unknown

The date of receipt of the gift is: first Tuesday in November in 2012-2018

The nature of the other person’s interest in the matter is: engaged by the City as a real estate agent.

However I have considered my position and my interest in this matter as just described, and am firmly of the view that I may participate in the meeting in respect of this matter in the public interest for the reason that the interest is minor and of a remote nature.

PROCEDURAL MOTION moved Cr Boulton seconded Cr Tozer

Pursuant to section 175E(4)(a) of the Local Government Act 2009, Council resolves that:

Cr Owen-Jones has a real or perceived conflict of interest in this matter because of the reasons outlined in his declaration.

CARRIED In accordance with Section 175E(4) of the Local Government Act 2009, Cr Owen-Jones did not vote.

PROCEDURAL MOTION moved Cr Boulton seconded Cr Baildon

Pursuant to section 175E(4)(b) of the Local Government Act 2009, Council resolves that:

Cr Owen-Jones may participate in the meeting and vote on the matter because the interest is minor and of a remote nature.



9 RECEPTION & CONSIDERATION OF COMMITTEE REPORTS (Continued) 9.2 LIFESTYLE AND COMMUNITY (Continued) ITEM 5 KIRRA PAVILION (Continued)

PN307016/16(P3) REPORT CONFIDENTIAL RESOLUTION G19.0827.009 moved Cr Tozer seconded Cr Boulton

That Committee Recommendation LC19.0815.005 be adopted as printed which reads as follows:- 1 That the report/attachment be deemed non-confidential except for those parts

deemed by the Chief Executive Officer to remain confidential in accordance with sections 171 (3) and 200 (5) of the Local Government Act 2009.

2 That PTC Consulting Group be deemed the successful tenderer for the available space in the Kirra Pavilion subject to the terms of its offer, negotiation of the terms of the lease and the need for final approval of the State (DNRME) to Trustee lease outcomes at the site.

3 That subject to (2) above, that the formal approval of the State (DNRME) be sought as required by the Land Act for the grant of a Trustee lease for the area proposed for use by PTC Consulting Group.

4 That additional funding of $1,059,000 is approved for roof replacements, electrical repairs and other works as outlined in the report, and that the sources of funding stated in the report also be endorsed and the 2019-20 budget be revised accordingly.

5 That discussions be held with the Kirra Surf Life Saving Club with a view to optimising its current lease area in consultation with other relevant stakeholders.

6 That the petitioners be advised of the Council’s decisions in this matter.

CARRIED

Cr Owen-Jones voted in the positive. Cr O'Neill and Cr Caldwell returned to the room. ADOPTION OF LIFESTYLE AND COMMUNITY COMMITTEE REPORT RESOLUTION G19.0827.010 moved Cr O'Neill seconded Cr Boulton That the Report of the Lifestyle and Community Committee’s Recommendations of Thursday 15 August 2019, numbered LC19.0815.001 to LC19.0815.005, be adopted with the exception of Recommendation Numbers LC19.0815.004 and LC19.0815.005 which were specifically resolved.

CARRIED UNANIMOUSLY


9 RECEPTION & CONSIDERATION OF COMMITTEE REPORTS (Continued) 9.3 ECONOMY PLANNING AND ENVIRONMENT Cr Caldwell, Chairperson of the Economy, Planning and Environment Committee, presented the Report of the Economy, Planning and Environment Committee held on Wednesday, 21 August 2019. RESOLUTION G19.0827.011 moved Cr Caldwell seconded Cr O'Neill That the Report of the Economy, Planning and Environment Committee Meeting held on Wednesday, 21 August 2019, covered by Recommendations numbered EPE19.0821.001 to EPE19.0821.007 be received.

CARRIED ITEM 2 REPORT ON A DEVELOPMENT APPLICATION FOR A MATERIAL CHANGE OF

USE (CODE ASSESSMENT) FOR MULTIPLE DWELLINGS (22 UNITS) AT 4 TWENTY SECOND AVENUE, PALM BEACH - DIVISION 13 - MCU/2019/112

Conflict of Interest – Cr Tate:-


The nature of the interest is: I engaged consultants

The name of the person or entity is: UPS

The nature of the relationship is: consultant

The value of the gift is: nil

The date of receipt of the gift is: not applicable

The nature of the other person’s interest in the matter is: engaged consultants to provide advice. I have never lodged a development application utilising UPS

However I have considered my position and my interest in this matter as just described, and am firmly of the view that I may participate in the meeting and vote in respect of this matter in the public interest for the reason the interest is minor and of a remote nature and have no personal relationship with consultant from UPS. PROCEDURAL MOTION moved Cr Caldwell seconded Cr Baildon


Cr Tate does not have a real or perceived conflict of interest in the matter for the reasons identified in his disclosure.

CARRIED In accordance with Section 175E(4) of the Local Government Act 2009, Cr Tate and Cr Gates did not vote.


9 RECEPTION & CONSIDERATION OF COMMITTEE REPORTS (Continued) 9.3 ECONOMY PLANNING AND ENVIRONMENT (Continued) ITEM 2 REPORT ON A DEVELOPMENT APPLICATION FOR A MATERIAL CHANGE OF

USE (CODE ASSESSMENT) FOR MULTIPLE DWELLINGS (22 UNITS) AT 4 TWENTY SECOND AVENUE, PALM BEACH - DIVISION 13 - (Continued) MCU/2019/112

Conflict of Interest – Cr Gates


The nature of the interest is: Receipt of donation

The name of the person or entity is: UPS

The nature of the relationship is: Donor to electoral campaign

The value and date of donations: $1850 2 September 2014 (net approx. $630) $1850 7 September 2015 (net approx. $630) $1850 9 September 2016 (net approx. $630)

The nature of the other person’s interest in the matter is: Planning Consultant to project

I will now leave and stay away from the meeting so that the matter may be discussed and voted on in my absence.




The name of the person or entity is: Arcadis and Mitchell Bray

The nature of the relationship is: Donor

The value and date of donations: $1950 24 September 2014 $1850 26 October 2015 $2500 5 October 2016

The nature of the other person’s interest in the matter is: Consultant to development application being considered by Council


Cr Gates left the room.




MOTION moved Cr McDonald seconded Cr PJ Young That Committee Recommendation EPE19.0821.002 be refused on the following grounds:-

1 The proposal would result in unacceptable over development at this location.

2 The proposed design fails to satisfy almost every acceptable outcome of the High-rise Accommodation Design Code, without adequate justification. Of particular significance are the following aspects of non-compliance Provision Proposal Acceptable

outcome Density 1 bed per 16.8m2 1 bed per 50m2 Site cover 71% 50% Set backs Far less than AO Complies with AO Communal open space 127m2 780m2 Private open space 10m2 – 88m2 – far less

than AO

Shadow Does not comply with AO Servicing MRV service on street MRV service on site




3 The proposed development conflicts with the Medium Density Residential Zone which aims to ensure that increased development integrates with the existing residential amenity. In particular, the proposal fails to satisfy the purpose of the following provisions of section 6.2.2.2 (2)b Orderly and economically efficient settlement pattern

The site is not close to major employment concentrations/centres/social and community infrastructure facilities. The proposed 20% increase in site coverage and 3x increase in residential density is not warranted at this location.

(2)b Design and amenity The bulk and scale of the proposed building would be detrimental to the residential amenity and character of the locality, even having regard to the future intended increased medium density built form. And the cumulative impacts of approving development of such over bearing form would be likely to amount to an undesirable local development pattern

(2)b Built Form (excluding dwelling houses on small lots)

The proposal fails to satisfy built form objectives in particular; front setbacks to enable a landscaped interface with the street, side and rear setbacks to protect the amenity of adjoining residences, and site cover variation to reduce building dominance and provide areas for landscaping

A division was called. For 4 Cr Tozer, Cr PJ Young, Cr Crichlow, Cr McDonald Against 9 Cr Owen-Jones, Cr Caldwell, Cr Baildon, Cr O'Neill,

Cr La Castra, Cr Boulton, Cr PC Young, Cr Taylor, Cr Tate Abstained 0 Absent 2 Cr Vorster, Cr Gates The MOTION was LOST.




RESOLUTION G19.0827.012 moved Cr Caldwell seconded Cr Tozer That Committee Recommendation EPE19.0821.002 be adopted as printed in the Economy, Planning and Environment Committee meeting report. A division was called. For 10 Cr Tozer, Cr Owen-Jones, Cr Caldwell, Cr Baildon, Cr O'Neill,

Cr La Castra, Cr Boulton, Cr PC Young, Cr Taylor, Cr Tate Against 3 Cr McDonald, Cr PJ Young, Cr Crichlow Abstained 0 Absent 2 Cr Vorster, Cr Gates

CARRIED Cr Tate voted in the positive. Cr Gates returned to the room. ITEM 7 UPDATE ON STATUTORY IMPLEMENTATION OF THE SPIT MASTER PLAN –

AUGUST 2019 PD113/1275/17 REPORT CONFIDENTIAL




The name of the person or entity is: Sunland


The value and date of the gifts are: $2500 – 11 November 2014 $2500 – 11 September 2015

The nature of the other person’s interest in the matter is: A lessee in the Spit MasterPlan is now a prohibited donor.


Cr Gates left the room.


9 RECEPTION & CONSIDERATION OF COMMITTEE REPORTS (Continued) 9.3 ECONOMY PLANNING AND ENVIRONMENT (Continued) ITEM 7 UPDATE ON STATUTORY IMPLEMENTATION OF THE SPIT MASTER PLAN –

AUGUST 2019 (Continued) PD113/1275/17 REPORT CONFIDENTIAL

Conflict of Interest – Cr Caldwell


The nature of the interest is: Receipt of hospitality

The name of the person or entity is: Star Group

The nature of the relationship is: Receipt of hospitality – tickets to Comm Games athletics previously held Platinum Status Membership to Star Casino

The value of the gift is: approx. $500

The date of receipt of the gift is: Various from 2016

The nature of the other person’s interest in the matter is: Star Group is a land owner in area

However I have considered my position and my interest in this matter as just described, and am firmly of the view that I may participate in the meeting and vote in respect of this matter in the public interest for the reason the interest is minor and of a remote nature. PROCEDURAL MOTION moved Cr PJ Young seconded Cr Crichlow


Cr Caldwell does not have a real or perceived conflict of interest in the matter because of the reasons identified in his disclosure.

CARRIED In accordance with Section 175E(4) of the Local Government Act 2009, Cr Caldwell, Cr Tate, Cr Taylor, Cr Owen-Jones and Cr Tozer did not vote.

Cr Gates was absent for this vote. Conflict of Interest – Cr Owen-Jones




The nature of the relationship is: Receipt of hospitality




However I have considered my position and my interest in this matter as just described, and am firmly of the view that I may participate in the meeting and vote in respect of this matter in the public interest for the reason the interest is minor and of a remote nature.




PROCEDURAL MOTION moved Cr PJ Young seconded Cr Crichlow


Cr Owen-Jones does not have a real or perceived conflict of interest in the matter because of the reasons identified in his disclosure

CARRIED In accordance with Section 175E(4) of the Local Government Act 2009, Cr Caldwell, Cr Tate, Cr Taylor, Cr Owen-Jones, Cr Tozer and Cr McDonald did not vote.

Cr Gates was absent for this vote. Conflict of Interest – Cr Taylor







The nature of the other person’s interest in the matter is: Star group is a land owner in area


PROCEDURAL MOTION moved Cr Baildon seconded Cr PC Young


Cr Taylor does not have a real or perceived conflict of interest in the matter because of the reasons identified in his disclosure

CARRIED In accordance with Section 175E(4) of the Local Government Act 2009, Cr Caldwell, Cr Tate, Cr Taylor, Cr Owen-Jones, Cr Tozer and Cr McDonald did not vote. Cr Gates was absent for this vote.




Conflict of Interest – Cr Tozer





The value of the gift is: under $500

The date of receipt of the gift is: Prior to 2016



PROCEDURAL MOTION moved Cr PC Young seconded Cr O'Neill


Cr Tozer does not have a real or perceived conflict of interest in the matter because of the reasons identified in his disclosure

CARRIED In accordance with Section 175E(4) of the Local Government Act 2009, Cr Caldwell, Cr Tate, Cr Taylor, Cr Owen-Jones, Cr Tozer and Cr McDonald did not vote.

Cr Gates was absent for this vote.




Conflict of Interest – Cr McDonald





The value of the gift is: under $500

The date of receipt of the gift is: Unknown



Conflict of Interest – Cr Tate Pursuant to section 175E(2) of the Local Government Act 2009, I would like to inform the meeting that I have a personal interest in this matter, which I recognise may be a real or perceived conflict of interest the particulars of which are as follows:



The nature of the relationship is: Receipt of hospitality and Star Card which was returned.








Conflict of Interest – Cr Tate


The nature of the interest is: Received a Top Golf Life Membership

The name of the person or entity is: Village Roadshow

The nature of the relationship is: Received life membership to top golf

The value of the gift is: Unknown and never used

The date of receipt of the gift is: June 2018

The nature of the other person’s interest in the matter is: Village Roadshow is a company with a commercial theme park within the spit masterplan precinct

However I have considered my position and my interest in this matter as just described, and am firmly of the view that I may participate in the meeting and vote in respect of this matter in the public interest for the reason that the connection to Village Roadshow is minor and of a remote nature.

Conflict of Interest – Cr Owen-Jones



The name of the person or entity is: Sunland

The nature of the relationship is: Contribution to my 2016 election campaign

The value of the gift is: $1800

The date of receipt of the gift is: 26 August 2015

The nature of the other person’s interest in the matter is: A lessee in the Spit MasterPlan is now a prohibited donor.

However I have considered my position and my interest in this matter as just described, and am firmly of the view that I may participate in the meeting and vote in respect of this matter in the public interest for the reason that the interest is minor and of a remote nature.

Cr Gates returned to the room.




PROCEDURAL MOTION moved Cr Tate seconded Cr Gates Pursuant to section 175E(6) of the Local Government Act 2009, Council delegates the power to decide on Item 7 of Economy Planning and Environment Committee - Update on Statutory Implementation of the Spit Masterplan – August 2019 to: The Chief Executive Officer

CARRIED UNANIMOUSLY Meeting adjourned at 2.55pm Meeting reconvened at 3.11pm

ITEM 4 TLPI BRIEFING

PD113/1303/01(P1) REPORT CONFIDENTIAL Conflict of Interest – Cr PC Young


The nature of the interest is: Brother is an agent involved in the sale of the property

The name of the person or entity is: Adam Young

The nature of the relationship is: Brother

The value of the gift is: Nil

The date of receipt of the gift is: Nil

The nature of the other person’s interest in the matter is: Selling agent


Cr PC Young left the room. RESOLUTION G19.0827.013 moved Cr Caldwell seconded Cr Owen-Jones

That Committee Recommendation EPE19.0821.004 be adopted as printed which reads as follows:-

1 That the report/attachment be deemed a confidential document and be treated as

such in accordance with sections 171 (3) and 200 (5) of the Local Government Act 2009 and that the document remain confidential unless Council decides otherwise by resolution.

2 That Council note the report.

CARRIED Cr PC Young returned to the room.


AMENDED PAGE 9 RECEPTION & CONSIDERATION OF COMMITTEE REPORTS (Continued) 9.3 ECONOMY PLANNING AND ENVIRONMENT (Continued) ITEM 5 UPDATE ON CITY WORK PROGRAM (APRIL – JUNE 2019)

PD98/1132/05/03(P1) REPORT CONFIDENTIAL RESOLUTION G19.0827.014 moved Cr Tate seconded Cr Caldwell

That Committee Recommendation EPE19.0821.005 be adopted with the addition of part 6 which reads as follows:- 1 That the report/attachment be deemed non-confidential except for those parts


2 That Attachment A: Improve Our City Plan assessment and recommendations be endorsed to inform the City Plan work program.

3 That City Officers be authorised to communicate the outcomes in Attachment A with the respective submitter.

4 That Attachment B: City Plan updates Register be endorsed as the City Plan Work Program, with changes reported to Council quarterly.

5 That City officers progress the items as per the recommendations detailed in Attachment B.

6 That the proposed amendment to required car parking ratios for section “9.4.13 Transport Code”, presented to Councillors by the Mayor during September 2018 parking workshop, be added to the list of projects being assessed for potential inclusion in Major update 4.

CARRIED ADOPTION OF THE ECONOMY, PLANNING AND ENVIRONMENT COMMITTEE REPORT RESOLUTION G19.0827.015 moved Cr Caldwell seconded Cr O'Neill That the Report of the Economy, Planning and Environment Committee’s Recommendations of Wednesday, 21 August 2019, numbered EPE19.0821.001 to EPE19.0821.007, be adopted with the exception of:- Recommendation Numbers EPE19.0821.002

EPE19.0821.004 EPE19.0821.005 and EPE19.0821.007 which were specifically resolved.

CARRIED


9 RECEPTION & CONSIDERATION OF COMMITTEE REPORTS (Continued) 9.4 WATER & WASTE Cr Taylor, Chairperson of the Water & Waste Committee, presented the Report of the Water & Waste Committee held on Thursday, 22 August 2019. RESOLUTION G19.0827.016 moved Cr Taylor seconded Cr Boulton That the Report of the Water & Waste Committee Meeting held on Thursday, 22 August 2019, covered by Recommendations numbered WW19.0822.001 to WW19.0822.006 be received.

CARRIED ADOPTION OF THE WATER & WASTE COMMITTEE REPORT RESOLUTION G19.0827.017 moved Cr Taylor seconded Cr Boulton That the Report of the Water & Waste Committee’s Recommendations of Thursday, 22 August 2019, numbered WW19.0822.001 to WW19.0822.006, be adopted.

CARRIED


9 RECEPTION & CONSIDERATION OF COMMITTEE REPORTS (Continued) 9.5 EVENTS, TOURISM AND GOVERNANCE Cr La Castra, Chairperson of the Events, Tourism and Governance Committee, presented the Report of the Meeting of the Events, Tourism and Governance Committee held on Thursday, 22 August 2019. RESOLUTION G19.0827.018 moved Cr La Castra seconded Cr PC Young That the Report of the Events, Tourism and Governance Committee Meeting held on Thursday, 22 August 2019 covered by Recommendations numbered ETG19.0822.001 to ETG19.0822.005 be received.

CARRIED ITEM 4 COUNCIL FREEHOLD LOT 6 ON RP844070 - REMEMBRANCE DRIVE,

SURFERS PARADISE - FURTHER DEALING WITH THE SITE PN93697/16/-(P1)

Material Personal Interest – Cr Tate:-

Pursuant to section 175C(2) of the Local Government Act 2009, I would like to inform the meeting that I have a material personal interest in this matter, the particulars of which are as follows: The name of the person or entity who stands to gain a benefit, or suffer a loss, depending on the outcome of the consideration of the matter at the meeting is:

Mayor Tom Tate

How this person or entity stands to gain the benefit or suffer the loss is:

Significant shareholder of a company with interests in land immediately adjacent to the subject land of this report.

I will now leave the meeting so that the matter may be discussed and voted on in my absence. Cr Tate left the room. Cr Gates took the Chair.


9 RECEPTION & CONSIDERATION OF COMMITTEE REPORTS (Continued) 9.5 EVENTS, TOURISM AND GOVERNANCE (Continued) ITEM 4 COUNCIL FREEHOLD LOT 6 ON RP844070 - REMEMBRANCE DRIVE,

SURFERS PARADISE - FURTHER DEALING WITH THE SITE (Continued) PN93697/16/-(P1)

Conflict of Interest – Cr PJ Young


The nature of the interest is: Pending defamation

The name of the person or entity is: Cr Tate

The nature of the relationship is: Cr Tate has brought a defamation case against me in the Federal Court of Australia. The value of the gift is: Nil


The nature of the other person’s interest in the matter is: Cr Tate is a significant shareholder of a company with interests in an adjacent site, and the public expression of my opinion regarding his interest in the property is a component of his defamation claim against me. I will now leave and stay away from the meeting so that the matter may be discussed and voted on in my absence. Cr PJ Young left the room. RESOLUTION G19.0827.019 moved Cr Owen-Jones seconded Cr O'Neill

That Committee Recommendation ETG19.0822.004 be adopted as printed which reads as follows:- That Council note the contents of this report.

CARRIED UNANIMOUSLY

Cr Tate and Cr PJ Young returned to the room.


9 RECEPTION & CONSIDERATION OF COMMITTEE REPORTS (Continued) 9.5 EVENTS, TOURISM AND GOVERNANCE (Continued) ITEM 5 STRATEGIC OPPORTUNITY

WSS1125/1254 REPORT CONFIDENTIAL Conflict of Interest – Cr Owen-Jones



The name of the person or entity is: Gordon Corporation (Tim Gordon)


The value of the gift is: $900

The date of receipt of the gift is: 15 September 2015

The nature of the other person’s interest in the matter is: Named in the report

However I have considered my position and my interest in this matter as just described, and am firmly of the view that I may participate in the meeting and vote in respect of this matter in the public interest for the reason that the donor is now considered a prohibited donor however the amount is less than the $2000 proposed for a prescribed interest and he has no personal relationship with any person from the donor company and it is remote in the context of this strategic opportunity referred to in the report.

PROCEDURAL MOTION moved Cr O'Neill seconded Cr La Castra


Cr Owen-Jones has a perceived conflict of interest in this matter for the reasons as outlined in his declaration.


PROCEDURAL MOTION moved Cr O'Neill seconded Cr La Castra

Pursuant to section 175E(4)(b) of the Local Government Act 2009, Council resolves that:

Cr Owen-Jones may participate in the meeting and vote on the matter because the interest is minor and it is remote in the context of this strategic opportunity referred to in the report.



9 RECEPTION & CONSIDERATION OF COMMITTEE REPORTS (Continued) 9.5 EVENTS, TOURISM AND GOVERNANCE (Continued) ITEM 5 STRATEGIC OPPORTUNITY (Continued)

WSS1125/1254 REPORT CONFIDENTIAL CLOSED SESSION LOCAL GOVERNMENT ACT 2009 AND SUPPORTING REGULATIONS PROCEDURAL MOTION moved Cr Tate seconded Cr Gates That Council move into Closed Session pursuant to section 275 (1) of the Local Government Regulation 2012, for the consideration of the following item for the reason shown:-

Item Subject Reason

5 Strategic Opportunity Prejudicial Matter

CARRIED PROCEDURAL MOTION moved Cr Gates seconded Cr PC Young That the Council move into Open Session.

CARRIED Following resumption into Open Session Item 5 was moved and carried as shown on the following pages.


9 RECEPTION & CONSIDERATION OF COMMITTEE REPORTS (Continued) 9.5 EVENTS, TOURISM AND GOVERNANCE (Continued) ITEM 5 STRATEGIC OPPORTUNITY (Continued)

WSS1125/1254 REPORT CONFIDENTIAL RESOLUTION G19.0827.020 moved Cr Owen-Jones seconded Cr Gates

That Committee Recommendation ETG19.0822.005 be adopted as printed which reads as follows:- 1 That the report/attachment be deemed non-confidential except for those parts


2 That Council endorses the purchase of the lots identified in this report, initially funded from a contribution by Water and Waste as outlined in the report.

3 That subject to 2 above, the Chief Executive Officer presents another report by May 2021 incorporating a business case for future investments, or other strategic options relating to the sites, together with an associated Funding Plan.

4 That the above Funding Plan also address the future re-allocation of funding sources relating to the purchase of the sites, which will involve a proportionate reimbursement to Water and Waste, commensurate with the value of the land to be used by Water and Waste and the value to be used by the rest of the organisation, at a future time.

A division was called. For 14 Cr Tozer, Cr Owen-Jones, Cr PJ Young, Cr Caldwell,

Cr Crichlow, Cr Baildon, Cr O'Neill, Cr La Castra, Cr Boulton, Cr Gates, Cr PC Young, Cr Taylor, Cr McDonald, Cr Tate

Against 0 Abstained 0 Absent 1 Cr Vorster

CARRIED UNANIMOUSLY Cr Owen-Jones voted in the positive. ADOPTION OF EVENTS, TOURISM AND GOVERNANCE COMMITTEE REPORT RESOLUTION G19.0827.021 moved Cr La Castra seconded Cr PC Young That the Report of the Events, Tourism and Governance Committee Recommendations of Thursday, 22 August 2019, numbered ETG19.0822.001 to ETG19.0822.005, be adopted with the exception of Recommendation Numbers ETG19.0822.004 and ETG19.0822.005 which were specifically resolved.

CARRIED


10 CONSIDERATION OF NOTICES OF MOTION Nil 11 QUESTIONS ON NOTICE / ANSWERS TO QUESTIONS ON NOTICE Nil 12 PRESENTATION OF PETITIONS 12.1 DIXON DRIVE PIMPAMA SAFETY – OUTSIDE PIMPAMA STATE SECONDARY

COLLEGE RD113400/16

RESOLUTION G19.0827.022 moved Cr Caldwell seconded Cr Owen-Jones That the above Petition be received and referred to the appropriate committee for consideration and report to Council.

CARRIED


13 GENERAL BUSINESS 13.1 UPPER COOMERA CENTRE

FN334/375/02/08 RESOLUTION G19.0827.023 moved Cr Gates seconded Cr Owen-Jones That an allocation of Three Hundred and Eight Dollars ($308) from Division 1 Local Area Works be made available for Upper Coomera Centre Staff for charging costs for the hire of space at Upper Coomera Centre by special needs students, Saturday mornings from 17 August – 14 December 2019. This being a one off donation outside Council's competitive programs on public interest grounds of community safety for special needs students utilising a space at Upper Coomera.

CARRIED UNANIMOUSLY

13.2 GLOBAL WAVE CONFERENCE 2020

FN334/375/02/08 RESOLUTION G19.0827.024 moved Cr O'Neill seconded Cr PC Young That Council approves funding of $10,000 from Division 14 Local Area Works 2019-20 budget to Gold Coast World Surfing Reserve Inc to support the 6th Biennial Global Wave Conference, Gold Coast.

The Conference is to be held at Southern Cross University 10-14 February 2020. This will be a significant International Ocean Conservation event held for the first time in Australia and on the southern end of the Gold Coast, home of the 8 World Surfing Reserve. The aim of Global Wave Conference 2020 is to seek viable solutions for a more sustainable environmental future.

This donation is outside of Council’s competitive grants and donations program being made on public interest grounds.

CARRIED

13.3 HINTERLAND SMALL SCHOOLS SCIENCE DAY

FN334/375/02/08 RESOLUTION G19.0827.025 moved Cr O'Neill seconded Cr Boulton That Council approve an allocation of $875 from Division 14 2019-20 Local Area Works and Services budget to cover the costs of providing and delivering 350 tube stock trees for students attending the Hinterland Small Schools Science Day at Ingleside State School on 29 August 2019, this being outside of Council’s competitive grants and donations programs being made on public interest grounds.

CARRIED


13 GENERAL BUSINESS (Continued) 13.4 GLOBAL WAVE CONFERENCE 2020

FN334/375/02/08 RESOLUTION G19.0827.026 moved Cr McDonald seconded Cr Owen-Jones That Council approves funding of $10,000 from Division 13 Local Area Works 2019-20 budget to Gold Coast World Surfing Reserve Inc to support the 6th Biennial Global Wave Conference, Gold Coast.

The Conference is to be held at Southern Cross University 10-14 February 2020. This will be a significant International Ocean Conservation event held for the first time in Australia and on the southern end of the Gold Coast, home of the 8 World Surfing Reserve. The aim of Global Wave Conference 2020 is to seek viable solutions for a more sustainable environmental future.

This donation is outside of Council’s competitive grants and donations program being made on public interest grounds.

CARRIED

13.5 GOLD COAST CATCHMENT ASSOCIATION

FN334/375/02/08 RESOLUTION G19.0827.027 moved Cr McDonald seconded Cr O'Neill That Council approves funding of $2000 from Division 13 Local Area Works 2019-20 Budget to Gold Coast Catchment Association Inc. to support participation of Division 13 schools in the Sustainability Schools Network Symposium proposed for 26 April - 2 May 2020. This donation is outside of Council’s competitive grants and donations program being made on public interest grounds.

CARRIED 13.6 MOU – MAKASSAR, INDONESIA

PD330/-/ RESOLUTION G19.0827.028 moved Cr Tate seconded Cr Owen-Jones That Council provide in principle support for the Mayor to sign a Memorandum of Understanding on the Cooperation of Partnership Projects with Makassar, Indonesia during a delegation visit to the Gold Coast on 16 September 2019.

CARRIED UNANIMOUSLY


14 OTHER BUSINESS 14.1 JULY 2019 MONTHLY FINANCIAL REPORT

FN334/375/20(P1) Refer Attachment 1: 2019-20 Special Purpose Statement of Income and Expenditure and

Special Purpose Statement of Financial Position – July 2019 1 BASIS FOR CONFIDENTIALITY Not Applicable. 2 EXECUTIVE SUMMARY Not Applicable. 3 PURPOSE OF REPORT The Local Government Act 2009 and the Local Government Regulation 2012 require the Chief Executive Officer to present a financial report to Council on a monthly basis. The attached report is provided to Council in accordance with the above statutory requirements for July 2019. 4 PREVIOUS RESOLUTIONS Not Applicable. 5 DISCUSSION Monthly financial reporting to Council is specified under section 204 of the Local Government Regulation 2012. It requires the Chief Executive Officer to present a financial report to Council on a monthly basis, stating the progress that has been made in relation to the local government’s budget. To aid in understanding the budget to actual position a Special Purpose Statement of Income and Expenditure and Special Purpose Statement of Financial Position are provided in Attachment 1. The purpose of each statement is summarised below: Special Purpose Statement of Income and Expenditure - The Statement of Income and Expenditure measures Council’s performance over the year and includes all sources of income and all operating expenses. A favourable net result indicates Council is increasing its community equity, i.e. net accumulated financial worth. Combined Statements of Income and Expenditure for Gold Coast Water, Waste Management, Tourist Parks and Other Council Activities are also provided in Attachment 1. Special Purpose Statement of Financial Position - The Statement of Financial Position sets out Council’s net accumulated financial worth at a point in time. It shows the assets that Council holds as well as liabilities or claims against these assets. These special purpose financial statements are prepared for Council in satisfaction of the statutory requirement noted above. They are extracted directly from the financial system after each month is closed, so the amounts shown in the report reflect unaudited account balances. On rare occasions the report may reflect an adjusted amount, where material errors or omissions in the financial system are known and quantifiable.


14 OTHER BUSINESS (Continued) 14.1 JULY 2019 MONTHLY FINANCIAL REPORT (Continued)

FN334/375/20(P1) 2019-20 BASIS OF REPORTING & TREND ANALYSIS The budget figures presented in this report as at 31 July 2019 represents the 2019-20 Initial Budget position. As part of the monthly reporting process, Directorates are requested to identify significant budget trends. A trend is generally caused by an external influence beyond Council’s control (e.g. legislative, economic/financial markets, weather, etc.) and could potentially result in a variation to the level of service provided by Council. Budget variations are considered in the budget review process.

2019-20 YEAR TO DATE PROGRESS AND COMPARATIVE ANALYSIS Progress against capital and operating budgets can be expressed in a series of high level indicators as provided below. These indicators show that revenue and expenditure are generally within expectations at this point in the financial year. When reviewing the budget to actual position on the statements it should be noted that Council’s budget is prepared on an annual basis, whereas actual figures are presented on a progressive monthly basis. Pro rata comparisons may not be appropriate because actual results may not occur evenly throughout the year, for example when they are influenced by seasonality or when works / programs are ahead of or behind schedule, or progress at a rate which is not uniform throughout the year. Such timing variances do not indicate a need for budget adjustment. Examples of variances which should be addressed through budget adjustments are: o planning variances where the intended program / outputs have changed;

o cost/efficiency variances, such as savings or over-expenditure, that will not be absorbed within the budget area

o price variances, where the price of inputs changed.

2019-20 Statement of Income and Expenditure - Major Budget Trends Budget Trend$m

( ) = Favourable

Office of the Chief Operating OfficerInterest on Investments - While it is still early in the year, it is expected that Investment income will fall below the full year budget due to interest rates dropping from around 2.8% to 1.8% (could go down further). Actual Infrastructure revenue being received is also currently below budget expectations.Interest revenue will be monitored over the coming months to ascertain if decreases are required in the September Budget Review.

tba



FN334/375/20(P1) The graphs presented below attempt to take seasonality of budget expenditure into account by comparing actual expenditure and revenue for the year to date to a Previous Year Pattern. o The Previous Year Pattern percentage shows the percentage of last year’s total

expenditure that had been spent at the corresponding time last year based on the final Revised Budget.

o The Previous Year Pattern amount shows the actual reported amount at the corresponding time last year.

Previous Year Pattern for revenue is a similar calculation based on revenue received at the corresponding time last year.


14 OTHER BUSINESS (Continued)

14.1 JULY 2019 MONTHLY FINANCIAL REPORT (Continued) FN334/375/20(P1)

OPERATING EXPENDITURE

The graph provides a comparison of year to date actual operating expenditure to budget for July 2019.

Council has spent $75.5 million from an operating expense budget of $1,033.2 million (excluding proposed reprovisions) in 2019-20. This represents 7.3% expended at 8.3% of the year elapsed.

By comparison 8.9% ($92.2 million) of the previous year’s actual expenditure had been spent from the budget of $1,032.4 million at the end of July 2018.

CAPITAL EXPENDITURE

The capital expenditure graph shows a comparison of budget (plus commitments) to actual expenditure for capital works in 2019-20.

At the end of July 2019 $25.6 million ($271.1 million inclusive of commitments) had been spent from a total capital budget of $548.5 million (excluding proposed reprovisions). This represents 4.7% (49.4% inclusive of commitments) of the total budget with 8.3% of the year elapsed. Commitments relate to current year projects. Some of the major projects loaded as commitments in 2019-20 include the Long Term Recycled Water Release ($36m) and Cultural Precinct Precinct – Art Gallery ($51m) and Green Bridge works ($9m).

By comparison, $11.5 million (2.3%), or $144.8 million (29.6%) inclusive of commitments, of the capital budget of $489.6 million (including reprovisions) had been spent at the end of July 2018.

The following project increases are the major contributors to the increased budget from 2018-19 to 2019-20: HOTA Art Gallery $21 million, Pimpama Sports Hub $20 million, Isle of Capri Bridge $22.5 million and Sundale Bridge $13 million.



FN334/375/20(P1)

OPERATING REVENUES

The graphs below present Council’s major sources of operating revenue. They show the actual year to date performance compared with total year budget and budget trend.

Fees and Charges

Fees and charges (excluding Private Works and Water and Waste Water Fees) were $8.8 million, which is 7.9% of the revised budget of $111.7 million as at the end of July 2019 (8.3% of year elapsed). By comparison, $6.0 million (6.0%) of last year’s budget of $100.0 million for fees and charges revenue had been achieved by the end of July 2018. The increase in fees and charges revenue compared to last year is mainly due to the inclusion of the Waste Disposal Levy in 2019-20 ($8.0

million for commercial customers). Rates and Utility Charges

The amount of rates and utility charges brought to account as at the end of July 2019 was $393.8 million, which is 32.3% of the total budget of $1,218.5 million. This amount comprises Gold Coast Water rates, which are recognised on a progressive monthly basis, and other rates, which are recognised when billed.

By comparison, $394.0 million (33.6%) of last year’s total rates and utility charges revenue budget of $1,172.5 million had been achieved by the end of July 2018.

Interest Income

Interest income at the end of July 2019 was $2.7 million, which is 9.3% of the budget of $28.8 million.

By comparison, $2.3 million (7.3%) of last year’s total interest revenue budget of $31.1 million had been received by the end of July 2018. The 2019-20 Initial Budget is approximately $2.3 million less than the 2018-19 Revised Budget due to a reduction in cash reserve balances.



FN334/375/20(P1) 6 ALIGNMENT TO THE CORPORATE PLAN, CORPORATE STRATEGIES AND

OPERATIONAL PLAN Not Applicable. 7 FUNDING AND RESOURCING REQUIREMENTS Not Applicable. 8 RISK MANAGEMENT Not Applicable. 9 STATUTORY MATTERS The July 2019 Monthly Financial Report is presented to Council in accordance with the Local Government Act 2009 and the Local Government Regulation 2012. 10 COUNCIL POLICIES Not Applicable. 11 DELEGATIONS Not Applicable. 12 COORDINATION & CONSULTATION The July 2019 Monthly Financial Report has been developed in consultation with Directorate staff where applicable.

Name and/or Title of the Stakeholder Consulted

Directorate Is the Stakeholder Satisfied With Content of Report and Recommendations (Yes/No) (comment as appropriate)

Marilyn Hildebrandt, Executive Coordinator Directorate Finances

OCOO Yes

Julie Brooks, Executive Coordinator Directorate Finances

OCOO Yes

Alex Rummery, Executive Coordinator Directorate Finances

OCOO Yes

John Blair, Manager Corporate Finance OCOO Yes



FN334/375/20(P1) 13 STAKEHOLDER IMPACTS Not Applicable. 14 TIMING Not Applicable. 15 CONCLUSION The presentation of the attached special purpose (unaudited) reports, 2019-20 Statement of Income and Expenditure and Statement of Financial Position, satisfies legislative financial reporting requirements for July 2019. The high level indicators show that revenue and expenditure are generally within expectations at this point in the financial year. 16 RECOMMENDATION It is recommended that Council resolves as follows: That Council note the Special Purpose 2019-20 Statement of Income and Expenditure and Statement of Financial Position as presented for July 2019. Author: Authorised by:

Robert Liddell Joe McCabe Financial Planning & Business Analyst Chief Operating Officer 9 August 2019 #74139513

RESOLUTION G19.0827.029 moved Cr Tate seconded Cr Tozer That Council note the Special Purpose 2019-20 Statement of Income and Expenditure and Statement of Financial Position as presented for July 2019.

CARRIED



FN334/375/20(P1) Attachment 1

BUDGET ACTUAL BUDGET ACTUAL BUDGET ACTUAL BUDGET ACTUAL BUDGET ACTUAL

REVENUERATES & UTILITY CHARGES 0 0 (86,851) (7,150) (514,466) (109,114) (617,200) (277,567) (1,218,517) (393,830) 1

RATES DISCOUNTS & REMISSIONS 0 0 0 0 0 0 54,932 7,377 54,932 7,377 1

FEES AND CHARGES (18,044) (1,695) (20,222) (1,658) (3,675) (128) (73,503) (5,436) (115,444) (8,917) 2

INTEREST REVENUE 0 0 (1,182) (103) (13,035) (1,103) (14,624) (1,464) (28,841) (2,669) 3

GAIN/LOSS ON SALE OF ASSETS 0 0 0 0 5,000 0 16,662 (316) 21,662 (316)CONTRIBUTION & DONATIONS REVENUE 0 0 (410) 0 (70,000) (4,147) (141,287) (2,801) (211,697) (6,948) 4

GRANTS & SUBSIDIES REVENUE 0 0 0 0 0 0 (42,215) (1,605) (42,215) (1,605)OTHER REVENUE (64) (210) 0 0 (40) (47) (23,472) (2,971) (23,576) (3,229)

TOTAL REVENUE (18,108) (1,905) (108,665) (8,910) (596,216) (114,540) (840,707) (284,783) (1,563,696) (410,138)

EXPENSESEMPLOYEE COSTS 684 68 7,650 571 56,305 4,500 331,191 29,367 395,831 34,505MATERIALS AND SERVICES 13,675 1,452 95,346 5,518 559,139 35,702 419,214 13,917 1,087,375 56,588DEPRECIATION & AMORTISATION 1,658 0 8,600 0 95,500 0 146,390 0 252,148 0 7

FINANCE COSTS 0 0 0 0 0 0 36,215 116 36,215 116 5

OTHER EXPENSES 2,914 341 8,305 (18,671) 1,029 67 95,624 9,553 107,872 (8,710) 6

CAPITALISED EXPENSES (1,815) 0 (13,483) 0 (147,908) 0 (385,298) 0 (548,503) 0 7

TOTAL EXPENSES 17,117 1,860 106,419 (12,582) 564,064 40,268 643,336 52,953 1,330,937 82,499

NET RESULT (991) (45) (2,245) (21,492) (32,151) (74,272) (197,371) (231,830) (232,759) (327,639)

1

2

3

4

5

6

7

General explanations of the above line items can be found in Appendix 1

TOURIST PARKS WASTE MANAGEMENT WATER OTHER ACTIVITIES CITY OF GOLD COAST

SPECIAL PURPOSE FINANCIAL STATEMENT (UNAUDITED)COMBINING STATEMENT OF INCOME AND EXPENDITURE FOR CITY OF GOLD COAST

FOR THE PERIOD ENDED 31 JULY 2019(in thousands of dollars)

GOLD COAST GOLD COAST GOLD COAST

Depreciation and Capitalised expenses cannot be processed for the current year until the year end accounts are completed.

This amount comprises Gold Coast Water rates, which are recognised on a progressive monthly basis, and other rates, which are recognised when billed.

Fees and Charges includes revenue relating to the collection of a Waste Disposal Levy at waste facilities (approx $8.1m annually).

Interest revenue comprises earnings based off higher than estimated cash balances.Contributions and Donations Revenue comprises capital revenues from cash contributions and contributed assets.

Finance Costs (includes credit card surcharges) are processed once quarterly statements are received from Queensland Treasury Corporation.

Other Expenses in July includes the receipt of an upfront refund of ($20.6)m from the State Govt to mitigate the annual impact on residential customers of the expected Waste Disposal Levy.



FN334/375/20(P1)

BUDGET ACTUAL

ASSETSCURRENT ASSETS

CASH ASSETS 570,836 1,014,809 1

CURRENT RECEIVABLES 217,735 565,332 2

INVENTORIES 1,784 1,669PREPAYMENTS 702 567CLEARING ACCOUNTS 0 24 3

791,057 1,582,401

NON CURRENT ASSETSOTHER FINANCIAL ASSETS 1,150 1,150 4

PROPERTY, PLANT AND EQUIPMENT 14,508,729 13,612,355ASSETS UNDER CONSTRUCTION 0 362,798 5

14,509,879 13,976,302

TOTAL ASSETS 15,300,936 15,558,703

LIABILITIESCURRENT LIABILITIES

CURRENT PAYABLES (103,061) (98,791)UNEARNED REVENUE (2,000) (44,958) 6

CURRENT EMPLOYEE BENEFITS (26,730) (25,610)CURRENT BORROWINGS (80,784) (79,313)CLEARING ACCOUNTS 0 948 3

(212,575) (247,724)

NON CURRENT LIABILITIESNON CURRENT EMPLOYEE BENEFITS (54,361) (56,683)NON CURRENT PROVISIONS (70,000) (69,692) 8

NON CURRENT BORROWINGS (543,652) (524,474)(668,013) (650,849)

TOTAL LIABILITIES (880,588) (898,573)NET COMMUNITY ASSETS 14,420,348 14,660,130

COMMUNITY EQUITYRETAINED CAPITAL 9,481,551 9,416,919RESERVES 4,938,797 5,243,212 7

TOTAL COMMUNITY EQUITY 14,420,348 14,660,130

1

2

3

4

5

6

7

8 Non Current Provisions includes future rehabilitation and remedial works at the City's waste landfill sites. These works are expected to be undertaken from the year 2035 to the year 2080 with the majority of the costs being incurred for leachate management and landfill capping.

Current Receivables includes balances of outstanding invoices. It is usually highest after rate notices are issued (July and January).

Clearing Accounts comprise a number of accounts used to hold balances which are cleared periodically throughout the year, including credit cards, payroll related items and debtor refunds.

Other Financial Assets are Council's investments in Gold Coast City Council Insurance Co Ltd and SEQ Regional Recreational Facilities Pty Ltd.

The balance of Assets Under Construction is the accumulated expenditure on capital assets that have not yet been completed and added to Property, Plant and Equipment. From a budget perspective it is assumed that by year end all capital works have been completed and moved to Property, Plant and Equipment.

Unearned Revenue includes waste management utility rates which have been billed but are treated as unearned and recognised as revenue progressively throughout the year. They will be reduced by year end.

Reserves includes Asset Revaluation Surplus and Cash Reserves.

SPECIAL PURPOSE FINANCIAL STATEMENT (UNAUDITED)STATEMENT OF FINANCIAL POSITION FOR CITY OF GOLD COAST AS AT 31 JULY 2019

(in thousands of dollars)

General explanations of line items can be found in Appendix 1.

Cash Assets include investments. The balance is usually highest after the close of the discount period for Rates (August and February). The cash balance comprises: (i) Infrastructure Charges Reserve ($479.2m), (ii) Investment Fund Reserve ($70.8m), (iii) Gold Coast Water & Waste reserves ($197.5m), (iv) Other reserves (Cultural Precinct, Strategic Priorities Reserve) ($71.8m) and (iv) Other cash items ($195.4m).



FN334/375/20(P1) APPENDIX 1 – Explanation of Financial Statement Items

This appendix is a general explanation of Council’s revenues, costs, assets and liabilities to aid in understanding the budget to actual comparison in the monthly financial report.

STATEMENT OF INCOME AND EXPENDITURE BY SIGNIFICANT ACTIVITIES

REVENUE FROM ORDINARY ACTIVITIES

Rates and Utility Charges

Rate revenue for Council will mainly be recorded in July and January upon the issue of rate notices. Rate Revenue for Gold Coast Water is accounted for on an accrual basis throughout the year.

Rates Discount and Remissions

Rate discount is recorded as an expense at the time of payment and will mainly increase in July / August and January / February as rates are paid. However, remission is provided at the time of rate issue and will mainly increase in July and January.

Fees and Charges The pattern of revenue for fees and charges reflects a mixture of billing cycles and seasonal variations. For example, licensing and other charges are mainly billed in the first quarter of the financial year, whereas development assessment receipts may follow building and economic trends.

Gain/Loss on Sale A gain or loss on sale arises when Council assets are disposed of or sold at a value that varies from their book value.

Interest Revenue Interest earned varies according to the cash balances available for investment throughout the year.

Contributions and Donations Revenue

Includes capital revenues from cash contributions and contributed assets. Contributed assets generally account for more than half of this budget which are a ‘book entry’ only and are brought to account through year-end processes.

Grants and Subsidies Revenue

Subsidies are mainly received for specific capital projects after stages of completion are reached.

Other Revenue Other revenue comprises miscellaneous relatively small amounts of revenue that don’t fit into the major categories. It includes Reimbursements and Recoveries, and Rental and Lease Revenue.

EXPENSES FROM ORDINARY ACTIVITIES

Employee Costs The total expenditure on labour, including remuneration and benefits, as well as other employee-related costs such as superannuation, payroll tax and workers compensation.

Materials and Services

Where totals are shown for individual business units, the expenditure on materials and services includes internal transactions.

Depreciation and Amortisation

Non-cash expense that estimates the use and ‘wear and tear’ of non-current assets such as plant, equipment and infrastructure.

Finance Costs Interest on loans, and bank charges.



FN334/375/20(P1)

Other Expenses Other expenses comprise miscellaneous expenses that don’t fit into the major categories. It includes contributions and donations, write offs, insurance premiums and external audit fees.

Capitalised Expenses

This line shows how much of the employee costs and materials and services are used in construction / purchase or major renewal of assets. The budget reflects the total expenditure identified in the Four Year Capital Works Program.

Net Result for Period

This line represents the budgeted increase in community equity to be retained at year end. This is used to fund new capital works and for loan redemption. Transfers to and from capital reserves are made as appropriate.

STATEMENT OF FINANCIAL POSITION

Current assets The cash and cash equivalents that are currently held. The budget shows the budgeted closing balance at the end of the financial year. The actual cash balance will vary significantly throughout the year as rate receipts, loans and major payments are processed. Cash investment is managed by Council’s Treasury Section.

Non Current Assets The budgeted value of property, plant and equipment and infrastructure assets, at year end, including land, roads, water and sewerage infrastructure after depreciation, renewals, new capital works, contributed assets and revaluations are accounted for.

Current Liabilities The present obligations, arising in the past, that Council has to make payments for within the next financial year. The budget shows the expected balance of these liabilities at the end of the financial year. This includes accounts payable and provisions for employee entitlements to annual and long service leave. It also includes the expected commitment to pay loan redemption in the next financial year.

Non-Current Liabilities

The expected balance, at year end, of provisions for employee entitlements and debt that is not required to be paid within the next financial year.

Community Equity Retained equity includes City Capital and any Surplus / Deficit. Reserves include cash-backed reserves representing infrastructure charges and asset revaluation reserves which record the valuation adjustments to Council’s existing non-current assets.


14 OTHER BUSINESS (Continued) 14.2 TEMPORARY LOCAL PLANNING INSTRUMENT NO 6 – REQUEST TO PROCEED

TO ADOPTION PD113/1303/01(P1)

Attachment A: Correspondence received from the Minister of State Development,

Manufacturing, Infrastructure and Planning, dated 22 August 2019 (Ispot #: 74292990)

Attachment B: Temporary Local Planning Instrument No.6 (Development in the Guragunbah flood plain area) 2018 (Ispot #72412963)

1 BASIS FOR CONFIDENTIALITY

Not Applicable.

2 EXECUTIVE SUMMARY The City has a strong culture of flood risk management and a focus has been on the long-term management of the Guragunbah flood plain because this natural asset provides an essential flood storage function that mitigates the impacts of flooding in the City’s most urbanised and developed catchment, the Nerang River catchment. The City Plan continues to focus on the effective long-term management of the Guragunbah flood plain, and recognises it as a significant natural asset that provides flood management functions and opportunities for ecological restoration, water quality and flood resilience. However, despite this long standing policy framework, there is a material risk of serious harm to persons or property for developed activities on platforms exposed to high to extreme hazard flood hazards if development of that type happens in the Guragunbah flood plain. The likely development attributed to current development applications in the flood plain for residential activities equated to up to 3,105 dwellings out of approximately 8,782 dwellings being constructed on platforms, above the natural ground level, with the built structures directly exposed to high to extreme flood hazard. These estimates represents the potential for unplanned growth in an area identified as possessing high to extreme flood hazards. These figures are based on the known development proposals at the time and do not include other unforeseen potential development proposals that seek to adopt the same platform method. Given that the Council considers this potential for platform development based upon the Flood Overlay code gives rise to unacceptable risks of harm to persons or property, in response to this emergent issue, on 28 August 2018, Council resolved to make a Temporary Local Planning Instrument (TLPI) over the Guragunbah flood plain area and seek endorsement from the Minister of State Development, Manufacturing, Infrastructure and Planning (the Minister). On 22 August 2019, the Minister approved Council’s request to prepare a TLPI No. 6 (Development in the Guragunbah flood plain area) (Attachment A). Therefore in accordance with the ‘Minister’s Guidelines and Rules under the Planning Act 2016’, dated July 2017 (MGRs), this report seeks Council’s endorsement to proceed to adoption. 3 PURPOSE OF REPORT

The purpose of this report, in accordance with the MGRs, is to seek endorsement from Council to adopt the proposed TLPI No.6 (Development in the Guragunbah flood plain area).



TO ADOPTION (Continued) PD113/1303/01(P1)

4 PREVIOUS RESOLUTIONS On the 17 October 2017, Council resolved to (G17.1017.013): … 2. To endorse the proposed minimum flood free land policy as identified in Attachment 1

to inform updates to the Flood overlay code as part of Major update 2 package. … 5. To prepare a Temporary Local Planning Instrument to implement minimum flood free

land and return a TLPI package for endorsement before making a submission to the Minister for Planning.

On the 24 November 2017, Council resolved to (G17.1128.013): …

(2) That the Chief Executive Officer be authorised to (in accordance with section 20 of the Planning Act 2016, and Minister’s Guidelines and Rules Under the Planning Act 2016 July 2017):

(a) write to the Minister requesting a State interest review of Major update 2 and the

Minister's agreement to publicly consult on the proposed amendments; On the 12 December 2017, Council resolved to (G17.1208.016): …

2 To prepare a Temporary Local Planning Instrument to implement minimum flood free land.

3 To endorse the proposed Temporary Local Planning Instrument No.5 (Flood Free Land and Risk Reduction) 2017, in the form of Attachment 1.

4 That the commencement date of Temporary Local Planning Instrument No.5 (Flood Free Land and Risk Reduction) 2017 be 8 December 2017.

5 That Council writes to the Minister to request approval of the Temporary Local Planning Instrument No.5 (Flood Free Land and Residential Risk Reduction) 2017 and consideration of a 8 December 2017 commencement date.

6 That Council provide the Temporary Local Planning Instrument No.5 (Flood Free Land and Residential Risk Reduction) 2017 and relevant supporting material in the form of Attachment B in accordance with Schedule 3 of the Minister’s Guidelines and Rules.




On the 30 April 2018, Council resolved to remove updates to the Flood overlay code that formed part of the Major update 2 amendment package, in order to progress this matter as a separate major update to City Plan (G18.0430.019). On 28 August 2018, Council resolved to (G18.0828.020): …. 3 To write to the Minister for State Development, Manufacturing, Infrastructure and

Planning and withdraw the City’s submission to approve Temporary Local Planning Instrument No.5 (Flood Free Land and Risk Reduction) 2017 (TLPI No.5).

4 To prepare a Temporary Local Planning Instrument in accordance in the statutory requirements of section 23 of the Planning Act 2016.

5 To endorse the prepared Temporary Local Planning Instrument No.6 (Development in the Guragunbah flood plain area) 2018 in Attachment C of this report.

6 To endorse the Temporary Local Planning Instrument Explanatory Statement No.6 (Development in the Guragunbah flood plain area) in Attachment D of this report

7 To write to the Minister for State Development, Manufacturing, Infrastructure and Planning and

a seek approval of Temporary Local Planning Instrument No.6 (Development in the Guragunbah flood plain) 2018 with the supporting Explanatory Statement attached to this report in accordance with Chapter 3, Part 2 of the Minister’s Guidelines and Rules under the Planning Act 2016 dated July 2017.

b Seek approval for commencement of Temporary Local Planning Instrument No.6 (Development in the Guragunbah flood plain) 2018 to be effective from 28 August 2018.




On the 7 December 2018 Council resolved to (G18.1207.023) … 2. To endorse the amendments to Temporary Local Planning Instrument No.6

(Development in the Guragunbah flood plain area) and Temporary Local Planning Instrument Explanatory Statement No.6 (Development in the Guragunbah flood plain area) in Attachment A and B of this report

3. To write to the Minister for State Development, Manufacturing, Infrastructure and

Planning and

a. Advise of the amendments to the Temporary Local Planning Instrument No.6 (Development in the Guragunbah flood plain area) and Temporary Local Planning Instrument Explanatory Statement No.6 (Development in the Guragunbah flood plain area).

b. Provide copies of the amended Temporary Local Planning Instrument No.6 (Development in the Guragunbah flood plain area) and Temporary Local Planning Instrument Explanatory Statement No.6 (Development in the Guragunbah flood plain area).

4. To continue to progress with the TLPI No.6 until written confirmation has been

received from the Minister regarding the tailored process and associated timeframes. Once this correspondence has been received, it will be reported to Council for a decision.




5 DISCUSSION

On 28 August 2018, Council resolved to make and seek endorsement from the Minister for the proposed TLPI No.6 contained in Attachment B of this report. The purpose of this proposed TLPI is to:

(i) prevent the potential loss of the city’s flood resilience and enable the sustainable mitigation of flood hazard on Flood Prone land in the Guragunbah flood plain area; and

(ii) ensure Development in the Guragunbah flood plain area is not exposed to high or extreme flood hazards unless that flood hazard level is specified for the use as listed in Table 8.2.8-4 of the Flood overlay code;

by—

a) Identifying land that is at or above the Designated Flood Level as minimum flood free land;

b) Affecting the operation of the City Plan by amending and adding assessment benchmarks in the Flood overlay code so that Development in the Guragunbah flood plain area (including Development elevated above Designated Flood Level):

i. does not result in Development being exposed to high or extreme flood hazard unless that hazard level is specified for the proposed use as listed in Table 8.2.8-4 of the Flood overlay code; and

ii. any new lots have a sufficient area of land above the Designated Flood Level to effectively and adequately mitigate the risks and/or hazards associated with flooding.

On 5 September 2018, the City wrote to the Minister seeking approval of:

the proposed TLPI No.6 and associated explanatory material; and

an earlier effective day being 28 August 2018.




Under the MGRs, the Minister must within 20 business days of receiving a TLPI give notice to the local government stating:

a) the Minister approves the making of the TLPI; or

b) the Minister agrees to an earlier effective day in accordance with the section 9(4) of the Planning Act 2016 (the Act); or

c) the Minister does not approve making the TLPI; or

d) the local government may resubmit the proposed TLPI for approval and if so, what actions must be first taken by the local government.

Between September and December 2018, City officers worked closely with the Department of State Development, Manufacturing, Infrastructure and Planning (DSDMIP) to respond to further information requested. On 7 December 2018, Council resolved to:

i. submit amendments to TLPI No.6 and the TPLI No.6 Explanatory Statement to address the noted drafting errors.

ii. provide copies of the amended TLPI No.6 and TLPI No.6 Explanatory Statement.

iii. request the Mayor to submit the above and to urge the Minister to favourably consider the decision on TLPI No.6 as soon as possible.

iv. continue progressing with the TLPI No.6 until written confirmation has been received from the Minister regarding the tailored process and associated timeframes. Once this correspondence has been received, it will be reported to Council for a decision.

On 22 August 2019, the Minister approved Council’s request to prepare a TLPI over the Guragunbah floodplain (Attachment A). As part of this Minister’s approval, the earlier effective day of 28 August 2018 was also approved. Therefore in accordance with the MGRs, this report seeks Council’s endorsement to proceed to adoption. 6 ALIGNMENT TO THE CORPORATE PLAN, CORPORATE STRATEGIES AND

OPERATIONAL PLAN Corporate Plan – Gold Coast 2022

3.1 Our City is Safe

7 FUNDING AND RESOURCING REQUIREMENTS No additional budget or resources will be required.




8 RISK MANAGEMENT This activity supports the mitigation of Economy, Planning and Environment Directorate Risk number CO000644:

‘Natural Hazards Resilience – The City is not adequately resilient to natural hazards shocks resulting in loss of life, cessation of Council business, reputational damage and economic downturn’.

9 STATUTORY MATTERS Refer to discussion in Section 4 of this report. 10 COUNCIL POLICIES Not applicable. 11 DELEGATIONS Not applicable. 12 COORDINATION & CONSULTATION Name and/or Title of the Stakeholder Consulted

Directorate or Organisation

Is the Stakeholder Satisfied With Content of Report and Recommendations (Yes/No) (comment as appropriate)

Cherie Watt, City Solicitor, Legal Services

Office of the Chief Operating Officer

Yes

13 STAKEHOLDER IMPACTS Given the approval of the earlier effective date approved by the Minister, depending on when the development application was applied for and at what stage in the development assessment process, City Development officers may need to consider the effect of this TLPI in their assessment. 14 TIMING In accordance with section 23(6) of the Act, this TLPI will have effect for a period of two years from its commencement on 28 August 2018. Consequently, the TLPI No.6 will cease to have effect on 28 August 2020. In accordance with section 24 of the Act, the Minister expects that a major amendment to City Plan is expedited to incorporate the proposed TLPI.




15 CONCLUSION Based on the information presented to the Minister for his consideration, by approving the proposed TLPI No.6, there is acknowledgement that platform outcomes within the Guragunbah floodplain have the potential to expose people and property to adverse risk. In accordance with the MGRs, Council must now resolve to proceed with its adoption. 16 RECOMMENDATION It is recommended that Council resolves as follows: 1 That Council adopts Temporary Local Planning Instrument No.6 (TLPI) which is

Attachment B of this report.

2 That the TLPI will have an effective day of 28 August 2018.

3 That Council endorse the publication of the required public notice prepared in accordance with the requirements of the Planning Act 2016 and Minister’s Guidelines and Rules.

4 That the CEO write to the Department of State Development, Manufacturing, Infrastructure and Planning within 10 business days of adopting this TLPI and provide a copy of the public notice and a certified copy of the TLPI (including an electronic copy of the instrument and any spatial data files).

Author: Authorised by:

Kelli Adair – Executive Coordinator Strategic Urban and Regional Planning

Alisha Swain Director - Economy, Planning and Environment

23 August 2019 Ispot #: 74290961




RESOLUTION G19.0827.030 moved Cr Crichlow seconded Cr Baildon 1 That Council adopts Temporary Local Planning Instrument No.6 (TLPI) which is


2 That the TLPI will have an effective day of 28 August 2018.



CARRIED



TO ADOPTION CE116/60/53(P1)

Attachment A: Correspondence received from the Minister of State Development,

Manufacturing, Infrastructure and Planning, dated 16 August 2019 (Ispot#: 74293098)

Attachment B: Temporary Local Planning Instrument No.7 (Protection of Old Burleigh Theatre Arcade) 2019 (Ispot #: 73839496)

1 BASIS FOR CONFIDENTIALITY

Not Applicable.

2 EXECUTIVE SUMMARY The Old Burleigh Theatre Arcade located on land described as Lot 1 on RP72012 and located at 64 Goodwin Terrace, Burleigh Heads has been a significant and integral component to the fabric and character of Burleigh Village since its opening in the 1930s. The Old Burleigh Theatre Arcade has historical significance for being a rare example of its type, for its special association with eminent families responsible for the development of early theatre and entertainment venues on the Gold Coast and its aesthetic and social values. Therefore in response to an emergent set of unforeseen circumstances, to ensure the protection of this significant local heritage place and landmark, on 30 July 2019, Council resolved to make a Temporary Local Planning Instrument (TLPI) over the Old Burleigh Theatre Arcade and seek endorsement from the Minister of State Development, Manufacturing, Infrastructure and Planning (the Minister). On 16 August 2019, the Minister approved Council’s request to prepare a TLPI over the Old Burleigh Theatre Arcade (Attachment A). Therefore in accordance with the ‘Minister’s Guidelines and Rules under the Planning Act 2016’, dated July 2017 (MGRs), this report seeks Council’s endorsement to proceed to adoption. 3 PURPOSE OF REPORT The purpose of this report, in accordance with the MGRs, is to seek endorsement from Council to adopt the proposed TLPI No.7. 4 PREVIOUS RESOLUTIONS On 30 July 2019, Council resolved (G19.0730.019) to seek the Minister’s approval of Temporary Local Planning Instrument No.7 and associated explanatory material.



TO ADOPTION (Continued) CE116/60/53(P1)

5 DISCUSSION

On 30 July 2019, Council resolved to make and seek endorsement from the Minister for the proposed TLPI No.7 contained in Attachment B of this report. The purpose of this proposed TLPI is to prevent the potential loss of the Burleigh Theatre Arcade by:

a) triggering impact assessment for any removal, demolition or partial demolition of the building located on Lot 1 on RP72012;

b) identifying land described as Lot 1 on RP72012 on the Heritage overlay map; and

c) affecting the operation of the City Plan by amending and adding assessment benchmarks in the Heritage overlay code to ensure that the cultural heritage significance of the Old Burleigh Theatre Arcade is protected and development is appropriately designed and sited to respond to the building’s contextual cultural significance having regard to character, setting and appearance of this building.

On 30 July 2019, the City wrote to the Minister seeking approval of:

the proposed TLPI No.7 and associated explanatory material; and an earlier effective day being 30 July 2019.

Under the MGRs, the Minister must within 20 business days of receiving a TLPI give notice to the local government stating:

e) the Minister approves the making of the TLPI; or

f) the Minister agrees to an earlier effective day in accordance with the section 9(4) of the Planning Act 2016 (the Act); or

g) the Minister does not approve making the TLPI; or

h) the local government may resubmit the proposed TLPI for approval and if so, what actions must be first taken by the local government.

On 16 August 2019, the Minister approved Council’s request to prepare a TLPI over the Old Burleigh Theatre Arcade (Attachment A). As part of this Minister’s approval, the earlier effective day of 30 July 2019 was also approved. Therefore in accordance with the MGRs, this report seeks Council’s endorsement to proceed to adoption.




6 ALIGNMENT TO THE CORPORATE PLAN, CORPORATE STRATEGIES AND

OPERATIONAL PLAN Corporate Plan – Gold Coast 2022

3.4 Our city embraces culture everyday – We are a creative community. Performance measure – Number of heritage places protected

Culture Strategy 2023 Key Action 3.3: Develop a Heritage Management Plan – An innovative vision for managing heritage

7 FUNDING AND RESOURCING REQUIREMENTS No additional budget or resources will be required. 8 RISK MANAGEMENT This activity supports the mitigation of Economy, Planning and Environment Directorate Risk number CO000552:

‘Poorly designed built environments which are non-compliant with State and Federal planning and design requirements negatively impact architectural and urban design outcomes, city image, local economy and liveability of the city’.

9 STATUTORY MATTERS Refer to discussion in Section 4 of this report. 10 COUNCIL POLICIES Not applicable. 11 DELEGATIONS Not applicable. 12 COORDINATION & CONSULTATION Name and/or Title of the Stakeholder Consulted

Directorate or Organisation

Is the Stakeholder Satisfied With Content of Report and Recommendations (Yes/No) (comment as appropriate)

Cherie Watt, City Solicitor, Legal Services

Office of the Chief Operating Officer

Yes




13 STAKEHOLDER IMPACTS The adoption of the TLPI seeks to protect the complete removal or demolition of the Old Burleigh Theatre Arcade. TLPI No.7 does not seek to prevent development of the site where the future development is adaptively designed to embrace the site’s historical and social significance. In accordance with Council resolutions, City officers have met with the current land owners as well as the prospective purchaser to discuss the implications of the proposed TLPI No.7. 14 TIMING In accordance with section 23(6) of the Act, this TLPI will have effect for a period of two years from its commencement on 30 July 2019. Consequently, the TLPI No.7 will cease to have effect on 30 July 2021. It is intended that the proposed TLPI will be repealed by adoption of an amendment of the City Plan that specifically repeals the TLPI, in accordance with section 24 of the Act. 15 CONCLUSION

Based on the information presented to the Minister of State Development, Manufacturing, Infrastructure and Planning for his consideration, by approving the proposed TLPI No.7, there is acknowledgement of the historical and social significance of the Old Burleigh Theatre Arcade to the Gold Coast and the urgent need for its protection.

In accordance with the MGRs, Council must now resolve to proceed with its adoption.

16 RECOMMENDATION It is recommended that Council resolves as follows: 1 That Council adopts Temporary Local Planning Instrument No.7 (TLPI) which is


2 That the TLPI will have an effective day of 30 July 2019.



Author: Authorised by:

Kelli Adair – Executive Coordinator Strategic Urban and Regional Planning

Alisha Swain Director - Economy, Planning and Environment

23 August 2019 Ispot #: 74284650




Conflict of Interest – Cr PC Young


The nature of the interest is: Brother is an agent involved in the sale of the property

The name of the person or entity is: Adam Young

The nature of the relationship is: Brother

The value of the gift is: Nil


The nature of the other person’s interest in the matter is: Selling agent


Cr PC Young left the room

RESOLUTION G19.0827.031 moved Cr PJ Young seconded Cr Caldwell 1 That Council adopts Temporary Local Planning Instrument No.7 (TLPI) which is


2 That the TLPI will have an effective day of 30 July 2019.



CARRIED

Cr PC Young returned to the room There being no further business, the meeting was declared closed at 4.06pm.


I hereby certify that these pages Numbered 1 to 91 constitute

The Minutes of the Meeting

of the Council of the City of Gold Coast

held Tuesday, 27 August 2019.

................................................................. MAYOR

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