Notice of Meeting - Whitsunday Regional Council
Transcription
Notice of Meeting - Whitsunday Regional Council
Notice of Meeting Notice is hereby given that the Ordinary Meeting of the Whitsunday Regional Council will be held at the Proserpine Council Chambers, 83-85 Main Street, Proserpine on 13 July 2016 commencing at 9:00 a.m. and the Agenda is attached. Councillors: Andrew Willcox, Jan Clifford, Ron Petterson, John Collins, Peter Ramage, David Clark and Michael Brunker Local Government Regulation 2012 258.(1) Written notice of each meeting or adjourned meeting of a local government must be given to each councillor at least 2 days before the day of the meeting unless it is impracticable to give the notice. (2) The written notice must state: (a) the day and time of the meeting; and (b) for a special meeting – the business to be conducted at the meeting (3) A special meeting is a meeting at which the only business that may be conducted is the business stated in the notice of meeting. . Barry Omundson CHIEF EXECUTIVE OFFICER Agenda of the Ordinary Meeting to be held at Proserpine Council Chambers, 83-85 Main Street, Proserpine on 13 July 2016 commencing at 9:00am Council acknowledges and shows respect to the Traditional Custodian/owners whose country we hold this meeting. 9:00 am Formal Meeting Commences 10.00am Morning Tea 10.30am Organ for Life Presentation – Queensland Health Organ & Tissue Donation 12.00pm Lunch This is page 2 of the Agenda of Council’s Ordinary Meeting to be held on 13 July 2016 Whitsunday Regional Council Agenda of the Ordinary Meeting to be held at Proserpine Council Chambers, 83-85 Main Street, Proserpine on 13 July 2016 commencing at 9:00am 1. APOLOGIES ................................................................................................................ 6 2. CONDOLENCES .......................................................................................................... 7 2.1 Condolences 7 3.1 MAYORAL MINUTE ..................................................................................................... 8 3.2 MAYORAL UPDATE .................................................................................................... 9 4. CONFIRMATION OF MINUTES ................................................................................. 10 4.1 Confirmation of Minutes 10 5. DELEGATIONS .......................................................................................................... 11 6. PETITIONS ................................................................................................................. 12 7. NOTICE OF MOTION ................................................................................................. 13 8. QUESTIONS ON NOTICE .......................................................................................... 14 9. QUESTIONS FROM PUBLIC GALLERY ................................................................... 15 10. OFFICE OF THE MAYOR AND CEO ......................................................................... 16 10.1 Council Meeting Date Reschedule - July 2016 16 10.2 LGAQ – Civic Leaders Summit 13-15 July 2016 18 10.3 Bowen Basin Mining Club Annual Moranbah Networking Luncheon - 11 August 2016 11. 23 CORPORATE SERVICES .......................................................................................... 26 11.1 Consultation - Annual Valuation Effective 30 June 2017 This is page 3 of the Agenda of Council’s Ordinary Meeting to be held on 13 July 2016 26 12. PLANNING AND DEVELOPMENT SERVICES .......................................................... 29 12.1 DA09264 - Request for Extension of Relevant Period - Development Permit for Material Change of Use - Four Multiple Dwelling Units - 45 Gregory Street, Bowen - FFR Developments 12.2 29 20140639 - Development Application for Development Permit for Material Change of Use of Premises - Commercial Use Class - 13 Waterson Way, Airlie Beach - WACC 13. COMMUNITY AND ENVIRONMENT .......................................................................... 62 13.1 Advisory - MIW Embracing 2018 Steering Committee Minutes - 10 June 2016 13.2 13.3 62 Advisory - Logan's Adventure Playground Project Committee meeting minutes - June 2016 67 Community Assistance Grants Program 2015/16 - Summary and Review 82 13.4 2016 Seniors Week Request for Financial Support 84 13.5 Request for Financial Support - Bowen Branch Australian Pensioners and Superannuants League QLD (Inc) 13.6 13.7 14. 37 86 Request from ACT Whitsundays to Use Council Libraries as Sites for a Recycling Program 89 Climate Change Policy and Climate Change Adaptation Strategy 93 ENGINEERING SERVICES ...................................................................................... 106 This is page 4 of the Agenda of Council’s Ordinary Meeting to be held on 13 July 2016 16.2 CONFIDENTIAL MATTERS – CORPORATE SERVICES 16.2.1 Refresh of Pre-Qualified Suppliers for Trade Services 16.5 CONFIDENTIAL MATTERS – ENGINEERING SERVICES 16.5.1 Gregory River Bridge Replacement Tender 16.5.2 Reseal Program 2016-2017 This is page 5 of the Agenda of Council’s Ordinary Meeting to be held on 13 July 2016 1. Apologies No Agenda items for this section This is page 6 of the Agenda of Council’s Ordinary Meeting to be held on 13 July 2016 2. Condolences 2.1 CONDOLENCES RECOMMENDATION That Council observe one (1) minutes silence for the recently deceased. Submitt ed The following report has been submitted for inclusion in Council's Ordinary Meeting to be held on 13 July 2016 by Council's Office of the Mayor & CEO Department. BACKGROUND Advice has been received by Council of members of the communities passing. REPORT The Mayor and Chief Executive Officer forwarded bereavement cards to the families of recently deceased members of the Whitsunday Regional Council. STATUTORY MATTERS N/A CORPORATE PLAN REFERENCE N/A OPERATIONAL PLAN REFERENCE N/A BUDGET REFERENCE N/A CONSULTATION N/A ATTACHMENTS N/A This is page 7 of the Agenda of Council’s Ordinary Meeting to be held on 13 July 2016 3.1 Mayoral Minute No Agenda items for this section This is page 8 of the Agenda of Council’s Ordinary Meeting to be held on 13 July 2016 3.2 Mayoral Update No Agenda items for this section This is page 9 of the Agenda of Council’s Ordinary Meeting to be held on 13 July 2016 4. Confirmation of Minutes 4.1 CONFIRMATION OF MINUTES RECOMMENDATION That the Minutes of the Ordinary Meeting held on 29 June 2016 be confirmed. Submitt ed The following report has been submitted for inclusion in Council's Ordinary Meeting to be held on 29 June 2016 by Council's Office of the Mayor & CEO Department. BACKGROUND Minutes were kept from the previous Ordinary Meeting of Council held on 29 June 2016. These minutes once drafted were submitted to the Chief Executive Officer for review before the unconfirmed version of the minutes was placed on Council’s internet site for public viewing. These minutes are therefore submitted for adoption of their accuracy by the Councillors at this meeting of Council. REPORT The Minutes of the Council’s Ordinary Meeting held on 29 June 2016 are attached to this agenda report for review by Councillors. STATUTORY MATTERS Local Government Regulation 2012 section 272 CORPORATE PLAN REFERENCE N/A OPERATIONAL PLAN REFERENCE N/A BUDGET REFERENCE N/A CONSULTATION Billie Davis – Governance Officer (Author) ATTACHMENTS Copy of the minutes from Ordinary Meeting held on 29 June 2016 (attached separately) This is page 10 of the Agenda of Council’s Ordinary Meeting to be held on 13 July 2016 5. Delegations No agenda items for this section. This is page 11 of the Agenda of Council’s Ordinary Meeting to be held on 13 July 2016 6. Petitions No agenda items for this section. This is page 12 of the Agenda of Council’s Ordinary Meeting to be held on 13 July 2016 7. Notice of Motion No agenda items for this section. This is page 13 of the Agenda of Council’s Ordinary Meeting to be held on 13 July 2016 8. Questions on Notice No agenda items for this section. This is page 14 of the Agenda of Council’s Ordinary Meeting to be held on 13 July 2016 9. Questions from Public Gallery PUBLIC QUESTION TIME At this time in the meeting the opportunity is provided to members of the gallery to ask questions of the Council or to make statements about the Council and its operations. Under Council’s Standing Orders the following applies in relation to this public question time: 1. In every Council Meeting time shall be set aside to permit members of the public to address the Council on matters of public interest related to local government. Questions from the Public Gallery will be taken on notice and may or may not be responded to at the Meeting and must be submitted in writing to Council prior to the Council Meeting in accordance with Council’s Policy for Standing Orders – Meetings. The time allocated shall not exceed fifteen (15) minutes and no more than three (3) speakers shall be permitted to speak at any one (1) meeting. The right of any individual to address the Council during this period shall be at absolute discretion of the Council. 2. If any address or comment is irrelevant, offensive, or unduly long, the Chairperson may require the person to cease making the submission or comment. 3. Any person addressing the Council shall stand, state their name and address, act and speak with decorum and frame any remarks in respectful and courteous language This is page 15 of the Agenda of Council’s Ordinary Meeting to be held on 13 July 2016 10. Office of the Mayor and CEO 10.1 COUNCIL MEETING DATE RESCHEDULE - JULY 2016 RECOMMENDATION That Council reschedule the Ordinary Council Meeting from Wednesday, 27 July 2016 to Tuesday, 26 July 2016 due to the Mayor, Cr Ramage, Cr Petterson and the Chief Executive Officer attending the North Queensland Local Government Conference in Cloncurry. The following report has been submitted for inclusion in Council's Ordinary Meeting to be held on 13 July 2016 by Council's Office of the Mayor and CEO Department. BACKGROUND It was resolved at Council’s Ordinary Council Meeting dated the 29 June 2016: 10. Office of the Mayor & CEO 10.3 2016/06/29.09 North Queensland Local Government Association Conference Moved by: M BRUNKER Seconded by: J CLIFFORD That Council nominate Cr Petterson, Cr Ramage, Mayor Willcox and the Chief Executive Officer to attend the North Queensland Local Government Association Conference to be held in Cloncurry from 27 to 29 July 2016. MEETING DETAILS: The motion was Carried 6/0 CARRIED ~~~~~~~~ REPORT As the Mayor and two Councillors will be unavailable to attend the scheduled Council meeting of Wednesday, 27 July 2016 it is required to reschedule to the meeting date to Tuesday, 26 July 2016 to ensure that there is quorum. STATUTORY MATTERS Local Government Act 2009 Local Government Regulation 2012 CORPORATE PLAN REFERENCE N/A This is page 16 of the Agenda of Council’s Ordinary Meeting to be held on 13 July 2016 OPERATIONAL PLAN REFERENCE N/A BUDGET REFERENCE N/A CONSULTATION Billie Davis – Governance Officer (Author) Barry Omundson – Chief Executive Officer ATTACHMENTS N/A This is page 17 of the Agenda of Council’s Ordinary Meeting to be held on 13 July 2016 10. Office of the Mayor and CEO 10.2 LGAQ – CIVIC LEADERS SUMMIT 13-15 JULY 2016 RECOMMENDATION That Council note the attendance of Mayor Willcox at the LGAQ Civic Leaders Summit being held the 13-15 July 2016 at the RACV Royal Pine Resort in Benowa. The following report has been submitted for inclusion in Council's Ordinary Meeting to be held on 13 July 2016 by Council's Office of the Mayor and CEO Department. BACKGROUND The LGAQ Civic Leaders Summit is a unique event for Australian Local Government. The summit is a chance for Queensland civic leaders, to listen to and work with respected figures from politics, government, media, academia and industry. The summit theme is the Winning Team. This will encourage the focus on the common purpose and synergies that civic leaders need to build to ensure the continued economic and social health of the communities they represent. REPORT The Civic Leaders Summit, The Winning Team is being held on 13-15 July 2016 at the RACV Royal Pine Resort in Benowa. STATUTORY MATTERS N/A CORPORATE PLAN REFERENCE Governance and Leadership Objective: Our leadership partners with government, industry, business and community to deliver positive outcomes. OPERATIONAL PLAN REFERENCE Governance and Leadership Strategies 1. Build and maintain strong, collaborative and cooperative relationships across all levels of government, business, industry and the community. 2. Identify opportunities for alignment between Council’s interests and objectives with those of Federal and State Governments. 3. Partner with government, business, industry and the community to promote the Whitsunday Region at both a national and international level. This is page 18 of the Agenda of Council’s Ordinary Meeting to be held on 13 July 2016 4. Advocate Council’s interests and objectives to government, business, industry and the community. BUDGET REFERENCE Conferences and Events CONSULTATION Billie Davis – Governance Officer (Author) Barry Omundson – Chief Executive Officer ATTACHMENTS Civic Leaders Summit Brochure This is page 19 of the Agenda of Council’s Ordinary Meeting to be held on 13 July 2016 This is page 20 of the Agenda of Council’s Ordinary Meeting to be held on 13 July 2016 This is page 21 of the Agenda of Council’s Ordinary Meeting to be held on 13 July 2016 This is page 22 of the Agenda of Council’s Ordinary Meeting to be held on 13 July 2016 10. Office of the Mayor and CEO 10.3 BOWEN BASIN MINING CLUB ANNUAL MORANBAH NETWORKING LUNCHEON - 11 AUGUST 2016 RECOMMENDATION That Council nominate Mayor Andrew Willcox and the Chief Executive Officer to attend the Bowen Basin Mining Club Annual Moranbah Networking Luncheon being held on 11 August 2016 at the Moranbah Community Centre Town Square. The following report has been submitted for inclusion in Council's Ordinary Meeting to be held on 13 July 2016 by Council's Office of the Mayor and CEO Department. BACKGROUND The Bowen Basin Mining Club Networking Luncheon is an annual event held in Moranbah to provide a platform for industry networking. REPORT The Bowen Basin Mining Club Annual Moranbah Networking Luncheon is being held on Thursday 11 August 2016 at the Moranbah Community Centre Town Square. STATUTORY MATTERS N/A CORPORATE PLAN REFERENCE Governance and Leadership Objective: Our leadership partners with government, industry, business and community to deliver positive outcomes. OPERATIONAL PLAN REFERENCE Governance and Leadership Strategies 1. Build and maintain strong, collaborative and cooperative relationships across all levels of government, business, industry and the community. 2. Identify opportunities for alignment between Council’s interests and objectives with those of Federal and State Governments. 3. Partner with government, business, industry and the community to promote the Whitsunday Region at both a national and international level. 4. Advocate Council’s interests and objectives to government, business, industry and the community. This is page 23 of the Agenda of Council’s Ordinary Meeting to be held on 13 July 2016 BUDGET REFERENCE Conferences and Events CONSULTATION Billie Davis – Governance Officer (Author) Barry Omundson – Chief Executive Officer ATTACHMENTS Bowen Basin Mining Club Annual Moranbah Networking Luncheon Event Brochure This is page 24 of the Agenda of Council’s Ordinary Meeting to be held on 13 July 2016 This is page 25 of the Agenda of Council’s Ordinary Meeting to be held on 13 July 2016 11. Corporate Services 11.1 CONSULTATION - ANNUAL VALUATION EFFECTIVE 30 JUNE 2017 RECOMMENDATION That Council has no objection to a valuation of the Whitsunday Regional Council area to be undertaken to be effective on 30 June 2017. The following report has been submitted for inclusion in Council's Ordinary Meeting to be held on 13 July 2016 by Council's Corporate Services Department. BACKGROUND The Land Valuation Act 2010, (the Act), requires that the Valuer-General undertake an annual statutory valuation of all rateable land in Queensland except in unusual circumstances or after consideration of: a market survey report of the area which reviews sales of land in the area since the last valuation and the probable impact of the sales on the value of land since the last annual valuation; and the results of consultation with the local government for the area, and appropriate local and industry groups Under the Act, valuations are required to be issued prior to 31 March in the year the valuation is to take effect. The valuations are required for the calculation of the general rate that is issued by local government. REPORT In line with the requirements of the Act, the Valuer-General has written to each local government seeking their opinions on whether a valuation of your local government should be undertaken to be effective on 30 June 2017. Advice to the Valuer-General is required by 22 July 2016. The Valuer-General will consider the opinion of the Council when deciding if an annual valuation will be undertaken. Council will then receive a copy of the Valuer-General’s decision in due course. A revaluation was issued effective for the 2016/2017 financial year with large decreased in value for the northern areas of our region. With property values being subject to fluctuation across the region, it is suggested that an annual revaluation offers a greater opportunity for equity for ratepayers. STATUTORY MATTERS The Land Valuation Act 2010 Local Government Regulation 2012 Part 3 Section 74 CORPORATE PLAN REFERENCE Governance and Leadership This is page 26 of the Agenda of Council’s Ordinary Meeting to be held on 13 July 2016 Objective: Our organisation is innovative, efficient and financially sustainable. OPERATIONAL PLAN REFERENCE Governance and Leadership Strategies 1. Ensure Council’s financial position is effectively managed and sustainable. BUDGET REFERENCE N/A CONSULTATION Amanda Ayers – Rates Team Leader (Author) Graham Jarvis – Director of Corporate Services ATTACHMENTS Appendix Item 1 – Letter of request from Department of Natural Resources and Mines This is page 27 of the Agenda of Council’s Ordinary Meeting to be held on 13 July 2016 Appendix Item 1 – Letter of request from Department of Natural Resources and Mines This is page 28 of the Agenda of Council’s Ordinary Meeting to be held on 13 July 2016 12. Planning and Development Services 12.1 DA09264 - REQUEST FOR EXTENSION OF RELEVANT PERIOD DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE - FOUR MULTIPLE DWELLING UNITS - 45 GREGORY STREET, BOWEN - FFR DEVELOPMENTS RECOMMENDATION That Council refuse the request for an extension of relevant period of the Development Permit for Material Change of Use of Premises for four (4) Multiple Dwelling Units lodged by Finance 4 on behalf of FFR Developments Pty Ltd on land described as Lot 2 RP721134, 45 Gregory Street, Bowen on the following grounds: a) the inconsistency of the approval, including its conditions, with the current laws and policies applying the development including the amount and type of infrastructure contributions, or charges payable; b) the community is unaware of the development due to the time which has elapsed since it was first approved by Council; c) the approval has had six (6) years to commence and complete the development and no works have commenced to date. Submitt ed The following report has been submitted for inclusion in Council's Ordinary Meeting to be held on 13 July, 2016 by Council's Planning and Development Department. BACKGROUND A development application for a Development Permit for Material Change of Use of Premises for four (4) Multiple Dwelling Units on land described as Lot 2 RP721134, 45 Gregory Street, Bowen was approved by Council on 8 June 2010 subject to conditions. An extension to the relevant period for two (2) years was issued on 7 May 2014, which extended the currency period of the Material Change of Use approval until 8 June 2016. REPORT On 3 June 2016 pursuant to section 383 of the Sustainable Planning Act 2009, Council received a request to extend the relevant period of the Development Permit for a Material Change of Use – Four (4) Multiple Dwelling Units for three (3) years until 8 June 2019. Applicant’s representations Background We request Council grant a further extension of time of 36 months in which to commence the use. Reasons in support of the extension of 36 months in which to lodge the plan of Survey: The present general lack of confidence in the economy has limited the numbers of buyers in the market. Financial institutions lending practices have restricted buyers ability to purchase property. Latest building industry reports indicate continual downturn in activity and may be expected to continue across next 12-24 months. This is page 29 of the Agenda of Council’s Ordinary Meeting to be held on 13 July 2016 Applicant has completed construction of 6 Multiple Dwellings at 9 Gordon Street Bowen. These units have not sold due to the poor economic conditions of Bowen, with no immediate improvement in sight. Given the costs incurred to date and the resources utilised to obtain the relevant approvals, it is important to be granted an additional 36 months extension to the relevant period. Officer’s comment In considering a request for an extension to the relevant period, the assessment manager must have regard for Section 388 of the Sustainable Planning Act 2009 as follows: a) the consistency of the approval, including its conditions, with the current laws and policies applying the development, for example, the amount and type of infrastructure contributions, or charges payable; b) the community’s current awareness of the development approval; and c) whether, if the request were refused – (i) further rights to make a submission may be available for a further development application; and (ii) d) the likely extent to which those rights may be exercised; and the views of any concurrence agency for the approval given under Section 385 of the Sustainable Planning Act 2009. Council officers have had regard to the relevant test under Section 388 of the Sustainable Planning Act 2009 and consider that the applicant’s request is in conflict with the relevant requirements. A site inspection indicates no works have been completed on the site. The development was conditioned to obtain related approvals for Operational Works being earthworks, stormwater, access and parking, water infrastructure and sewerage infrastructure. A review of the property file indicates the applicant has not obtained the related approvals. The Sustainable Planning Act 2009 provisions of Section 388 require an officer to assess the developments consistency with the current conditions, laws and policies before an extension is granted. The development permit was approved under the Bowen Shire Planning Scheme 2006 in 2010 and extended in 2014. It is considered as the Bowen Shire Planning Scheme 2006 is still the relevant planning scheme for Bowen the approval is still consistent with this planning scheme. Since the time of gaining approval in 2010, a number of new policies applying to the development have been adopted, including the Mackay, Isaac, Whitsunday Regional Plan (MIWRP), The State Planning Policy (SPP) and the Adopted Infrastructure Charges Resolution (No. 2 of 2011). The development is considered generally consistent with the Mackay, Isaac, Whitsunday Regional Plan (MIW RP) and the State Planning Policy (SPP). The development, however, is not consistent with the Adopted Infrastructure Charges Resolution (No. 2 of 2015). As a requirement of the Sustainable Planning Act 2009 provisions of Section 388, the community’s current awareness of the proposed development is required in order for an extension to be granted. It is acknowledged the current community may not be fully aware of the proposed development on the site as considerable time has passed since the proposal was approved. The development application is impact assessable under the Bowen Shire Planning Scheme 2006 providing the opportunity for the public to make a submission. It is noted that one (1) submission was received against the development application during public notification. It is acknowledged that if the application were to be re-lodged under the This is page 30 of the Agenda of Council’s Ordinary Meeting to be held on 13 July 2016 Draft Whitsunday Regional Council Planning Scheme the level of assessment of the application would be code assessable removing the ability for a submission to be made against the development, therefore complying with this component of Section 388. The development was conditioned for the following developer contributions: Contributions must be paid to Council prior to the issue of a Development Permit for Building Works. The contributions must be paid in accordance with the Council Policy rates at the date of payment. The following table sets out the current rates: CONTRIBUTION 1. Water NO EP’S 4.7 CURRENT RATE $583.00 CURRENT TOTAL $ 2740.10 2. Sewerage 4.7 $ 358.00 $ 1682.60 3. Park 4 $165.00 $ 660.00 TOTAL $ 5082.70 These figures vary with time and the policy rates indicated above were current at the issue of the decision notice. The site is located in the Priority Infrastructure Area. If the application were re-lodged, the applicable charges in accordance with the current Infrastructure Charges Resolution No.2 of 2015 rates would be: DEMAND – Adopted Infrastructure Charge Applicable Infrastructure Network Water Supply Sewerage Adopted Infrastructure Charge Category 3 or more bedroom dwelling Adopted Infrastructure Charge Rate $28,000.00 Number of Demand Units 4 Total Adopted Infrastructure Charge $112,000.00 Stormwater Transport Recreation Facilities CREDITS – Adopted Infrastructure Charge Applicable Infrastructure Network Water Supply Sewerage Adopted Infrastructure Charge Category Adopted Infrastructure Charge Rate 3 or more $28,000 bedroom dwelling Number of Credits 1 Total Adopted Infrastructure Charge $28,000.00 Stormwater Transport Recreation Facilities This is page 31 of the Agenda of Council’s Ordinary Meeting to be held on 13 July 2016 Demand Minus Credits Total Infrastructure Charge $112,000.00 $28,000.00 $84,000.00 A review of Council’s records indicates the applicable developer contributions were not received, therefore if the approval were to lapse and be re-lodged; Council could impose the new charges as the current charges have not been paid in full under the old Policy. One extension has been obtained totalling a two (2) year extension. The subsequent extension is requesting a further extension of three (3) years. Concerns with regards to the time passed since the Development Permit was granted are raised as six (6) years have elapsed since the development was first approved with no progress achieved. Draft Whitsunday Regional Council Planning Scheme A review of the proposal against the Draft Whitsunday Regional Council Planning Scheme of which is currently undertaking State Interest Review has been undertaken: Strategic Framework: The proposal is considered to be consistent with the Strategic Intent of the Draft Whitsunday Regional Council Planning Scheme. The proposal upholds the life-enriching capacities of the community and maintains the coordinated, efficient and orderly provision of infrastructure. The proposal is not considered to detract from the Strategic Outcome of ensuring safety of the community, property and infrastructure. Strategic Intent: The proposal is considered to be consistent with the strategic intent of the Draft Whitsunday Regional Council Planning Scheme. The proposal supports the strategic intent to ensure in 2036 and beyond; the Whitsundays is a prosperous, liveable and sustainable region where people live, work, play and invest. The proposal is located within the established urban area of Bowen focused on the consolidation of appropriately zoned land. Proposed Zone: Under the Draft Whitsunday Regional Council Planning Scheme the proposal is located in the low-medium density residential zone. The proposal is considered to be consistent with the low-medium density residential zone with the level of assessment listed as ‘code assessable’. Applicable Overlays: There are no triggered overlays under the Draft Whitsunday Planning Scheme. Level of Assessment: Under the Draft Whitsunday Regional Council Planning Scheme the level of assessment for the proposal is code assessable. Under the current Bowen Shire Planning Scheme 2006 the level of assessment for the proposed use in the Residential Zone is impact assessable. Applicable Codes: This is page 32 of the Agenda of Council’s Ordinary Meeting to be held on 13 July 2016 Under the Draft Whitsunday Regional Council Planning Scheme the applicable codes for the proposal are; the multi-unit uses code, low-medium density residential zone code, infrastructure code, landscaping code and the transport and parking code. The proposal is considered to be generally consistent with the applicable codes, however, if a new application were to be lodged under the Draft Whitsunday Regional Council Planning Scheme an approval would be subject to new conditions of approval. Given Council officers are currently working towards the delivery of a new Whitsunday Regional Council Planning Scheme within the next twelve (12) months, the applicable codes and requirements are subject to change as outlined above. These changes may affect the current conditions or requirement for this development. Based on the assessment provided above Council officers therefore recommend refusal of the request for an extension to the relevant period on the following grounds: a) the inconsistency of the approval, including its conditions, with the current laws and policies applying the development including the amount and type of infrastructure contributions, or charges payable; and b) the community’s is unaware of the development due to the time which has elapsed since it was first approved by Council and current uncertainty of Draft Planning Scheme as not yet progressed to public notification stage. c) the approval has had six (6) years to commence and complete the development and no works have commenced to date. CONCLUSION The applicant has requested an extension of the relevant period until 8 June 2019 - a period of three (3) years. It is recommended that Council refuse the request for an extension of the relevant period on the grounds outlined above. STATUTORY MATTERS Sections 387, 388, 389 and 390 of the Sustainable Planning Act 2009. CORPORATE PLAN REFERENCE Place Objective: Our infrastructure supports our region’s current and future needs. OPERATIONAL PLAN REFERENCE Place Strategies 1. Develop and maintain effective roads and drainage infrastructure, networks and facilities. 2. Develop and maintain effective water and waste water infrastructure, networks and facilities. BUDGET REFERENCE Budget Cost Code: Not applicable CONSULTATION James McEvoy-Bowe (Author) This is page 33 of the Agenda of Council’s Ordinary Meeting to be held on 13 July 2016 ATTACHMENTS Attachment 1 – Locality Plan Attachment 2 – Proposal Plan This is page 34 of the Agenda of Council’s Ordinary Meeting to be held on 13 July 2016 Attachment 1 – Locality Plan Attachment 2 – Proposal Plan This is page 35 of the Agenda of Council’s Ordinary Meeting to be held on 13 July 2016 This is page 36 of the Agenda of Council’s Ordinary Meeting to be held on 13 July 2016 12. Planning and Development Services 12.2 20140639 - DEVELOPMENT APPLICATION FOR DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE OF PREMISES - COMMERCIAL USE CLASS - 13 WATERSON WAY, AIRLIE BEACH - WACC RECOMMENDATION That Council approve the application for Development Permit for Material Change of Use - Commercial Use Class, on Lot 42 RP726947 and located at 13 Waterson Way, Airlie Beach, subject to the following conditions: 1.0 1.1 1.2 1.3 1.4 1.5 2.0 2.1 2.2 2.3 2.4 3.0 3.1 3.2 ADMINISTRATION The approved development must be completed and maintained generally in accordance with the approved drawings and documents: Plan/Document Name Prepared By Plan Number Dated Floor Plans Vision 122984-1 Sheet 1 19 September Surveys -4 2014 Site Plan Justin Peel DPA-0708-0001 05/05/2016 Entertainment Noise NV 140037-0111 August 2014 Testing Report Engineers F01(Rev 0) Acoustic Report The applicant is to comply with the Department of Infrastructure, Local Government and Planning conditions as outlined in the Department’s correspondence dated 31 May 2016. Where a discrepancy or conflict exists between the written conditions of this approval and the approved plans, the requirements of the written condition(s) will prevail. All conditions of this approval must be complied with in full to Council’s satisfaction prior the commencement of the use. The applicant shall demonstrate and provide evidence that compliance with all conditions of this development approval and any other subsequent development approvals as a result of this development approval have been complied with at the time of commencement of the use. CRIME PREVENTION THROUGH ENVIRONMENTAL DESIGN Access to parking areas to be via a surveillance entry point; Internal and external lighting of toilets must be bright, vandal resistant and where toilets are open after hours, should illuminate in hours of darkness or be sensor/movement sensitive; The main entrances/exits must be obvious, well lit, sign posted, free from obscuring landscaping and signage etc. Security surveillance cameras must be installed in all areas where the public has general access during all parts of the day, including the car park and pedestrian access ways. ACCESS AND PARKING The applicant is to provide and maintain twenty-nine (29) onsite car parking spaces. The development results in an increased demand on Council’s existing public car parking within the township of Airlie Beach which is not designed to accommodate the additional demand. To accommodate the additional demand, the applicant must pay a monetary contribution towards the provision of additional public car parking in Airlie Beach by Council. Such contribution is to be paid prior to commencement of the approved use, and amounts to a total of $30,000, based on the provision of six (6) car parking spaces at a cost of $5,000 per space. This is page 37 of the Agenda of Council’s Ordinary Meeting to be held on 13 July 2016 4.0 4.1 5.0 5.1 5.2 6.0 6.1 6.2 7.0 7.1 7.2 7.3 7.4 7.5 8.0 8.1 8.2 ADVERTISING DEVICES No advertising device is to be erected on the premises without compliance against the Whitsunday Shire Planning Scheme 2009 (Advertising Signage Code) or the necessary development permit for an advertising device. NOISE In the event Council receives a noise related complaint it deems non vexatious and justified, the operator may be required to organize noise monitoring by a suitably qualified consultant/engineer. The noise consultant must liaise with and involve the complainant in the noise monitoring. The result of the noise report is to be submitted to Council with 14 days of the completion of the report. The monitoring must take into consideration: The level and frequency or occurrence of impulsive or tonal noise; Atmospheric conditions including wind speed and direction; Effects due to extraneous factors such as traffic noise; and Location, date and time or recording Recommendations made from the noise report must be implemented by the operator to the satisfaction of Council. OPERATING PROCEDURES A courtesy bus pick-up service is to be offered for all events held on site. All car parking spaces in the basement are to remain clear at all times. No storage of goods is permitted in the car parking spaces MISCELLANEOUS If any item of cultural heritage is identified during site works, all work must cease and the relevant State Agency must be notified. Work can resume only after State Agency clearance is obtained. Any alteration necessary to electricity, telephone, water mains, sewerage mains, and/or public utility installations resulting from the development or in connection with the development, must be at full cost to the developer. Any building materials, equipment and the like must be appropriately tied down, placed indoors and secured on site at the time of preparation for cyclone events. The on site supervisor is to ensure that all contractors/employees take the necessary steps to secure the construction site in the event of a cyclone. All construction materials, waste, waste skips, machinery and contractors’ vehicles must be located and stored or parked within the site. No storage of materials, parking of construction machinery or contractors’ vehicles will be permitted in Waterson Way or adjoining land unless written permission from the owner of that land and Council is provided. It is the developer’s responsibility for the full rectification of any damage caused to neighbouring public infrastructure (such as footpaths, driveways, fences, gardens, trees and the like) caused by contractors, including clean up of any litter or waste that is a result of the subject development. ADVISORY NOTES Hours of work It is the developer’s responsibility to ensure compliance with the Environmental Protection Act 1994, which prohibits any construction, building and earthworks activities likely to cause nuisance noise (including the entry and departure of heavy vehicles) between the hours of 6.30 pm and 6.30 am from Monday to Saturday and at all times on Sundays or Public Holidays. Dust Control It is the developer’s responsibility to ensure compliance with the Environmental Nuisance of the Environmental Protection Act 1994 which prohibits unlawful This is page 38 of the Agenda of Council’s Ordinary Meeting to be held on 13 July 2016 8.3 8.4 8.5 8.6 environmental nuisance caused by dust, ash, fumes, light, odour or smoke beyond the boundaries of the property during all stages of the development including earthworks and construction. Sedimentation Control It is the developer’s responsibility to ensure compliance with the Environmental Protection Act 1994 and Schedule 9 of the Environmental Protection Regulation 2008 to prevent soil erosion and contamination of the stormwater drainage system and waterways. Noise During Construction and Noise in General It is the developer’s responsibility to ensure compliance with the Environmental Protection Act 1994. General Safety of Public During Construction It is the project manager’s responsibility to ensure compliance with the Work Health and Safety Act 2011. It states that the project manager is obliged to ensure construction work is planned and managed in a way that prevents or minimises risks to the health and safety of members of the public at or near the workplace during construction work. It is the principal contractor’s responsibility to ensure compliance with the Work Health and Safety Act 2011. It states that the principal contractor is obliged on a construction workplace to ensure that work activities at the workplace prevent or minimise risks to the health and safety of the public at or near the workplace during the work. It is the responsibility of the person in control of the workplace to ensure compliance with the Work Health and Safety Act 2011. It states that the person in control of the workplace is obliged to ensure there is appropriate, safe access to and from the workplace for persons other than the person’s workers. Enquiries relating to the aforementioned conditions should be directed to the Planning and Community Services who will direct the enquiry to the relevant officer. Submitt ed The following report has been submitted for inclusion in Council's Ordinary Meeting to be held on 13 July 2016 by Council's Planning and Development Department. Council has received this Development Application under the Sustainable Planning Act 2009 as detailed below. SUMMARY OF APPLICATION Applicant Whitsunday Arts & Culture Centre (WACC) Landowner Waterson Way Pty Ltd Property Address: 13 Waterson Way, Airlie Beach Real Property Description: Lot 42 RP726947 Area of Site: 1045 metres square Planning Scheme Zone: Existing Use: Proposed Use: Commercial, Whitsunday Shire Planning Scheme 2009 Mixed Use Commercial Centre comprising Refreshment Premises (Café), Shops, Indoor Entertainment (Gymnasium), Outdoor Entertainment (Cinema). Commercial Premises This is page 39 of the Agenda of Council’s Ordinary Meeting to be held on 13 July 2016 Existing Approvals: Historic Approvals Approval Sought: Development Permit for Material Change of Use - Commercial Use Class Application Progress Application Lodged: 22/09/2014 Last Receipt of Information from Applicant: 13/05/2016 Original Statutory Determination Date: 29/06/2016 First Extension of Time: PROPOSAL Council is in receipt of a Material Change of Use (Code Assessable) application for a Development Permit to establish a Commercial Use Class at the premises located at 13 Waterson Way, Airlie Beach, also described as Lot 42 RP726947. Pursuant to the Whitsunday Shire Planning Scheme 2009 the subject site is zoned Commercial triggering Code Assessment. The proposed development has been assessed against the relevant Specific Outcomes listed within the Commercial Zone Code and all applicable Codes of the Whitsunday Shire Planning Scheme 2009. The proposed use seeks to operate a Commercial Use Class premises within the Commercial Zone of the Whitsunday Shire Planning Scheme 2009. Commercial uses collectively refers to car park, child care centre, hotel, indoor recreation, landscape supplies, market, medical centre, office, outdoor recreation, refreshment premises, retail / commercial complex, sales or hire premises, shop, showroom and veterinary clinic. The premises at 13 Waterson Way, and now known as The WAAC, has an established history of various commercial, sporting and recreational uses. The building is referred to locally as “The Shark Show Building “as it was the location of the world renown “Vic Hislop’s Great White Shark and Whale Expo” operated by Vic Hislop himself. Prior to this, the building was used predominantly for Sport and Recreational uses such as squash courts, roller skating rink, indoor cricket, and an amusement centre. A residential dwelling unit was also located within the building. In 2009, a Market was established on the ground floor. The market was held 2 nights a week, Sunday afternoons and during the day when cruise ships were in port. The sport and recreation uses within the building have moved towards a 24 hour, 7 day a week, gymnasium (Airlie Extreme Fitness) on the first and second floors. A café (Café one3) and hairdresser (Saks Hair) have been established on the ground floor. The WACC is an arts and cultural precinct currently operating from the indoor and outdoor areas on the First Floor of the 13 Waterson Way building. The WACC propose to utilize the Ground Floor vacant area for functions, events and conferences when the first floor (open air) is rendered unsuitable due to extreme weather events. This vacant area has been used in recent years to hold Markets as detailed above. A summary of the proposed operation is as follows: Core Business:- Conferences, Weddings, Events, Private Corporate Functions; Venue Features:- 2 function rooms, 2 bar/service areas and discovery space; Main Activities:- Discovery Space (local information, history and artworks); Themed Cultural Events (all ages); Rooftop Cinema (weekly screenings of art house and some mainstream films). The rooftop cinema has been previously approved by Council and does not form part of This is page 40 of the Agenda of Council’s Ordinary Meeting to be held on 13 July 2016 this application. Access to the basement car park will be maintained it its current location from Waterson Way which operates as both a left and right turn in and out onto Waterson Way. No changes to the current access arrangements are proposed. Based on the information submitted and the detailed assessment given within this report there are sufficient grounds to conclude the proposal meets all applicable codes. Therefore, it is recommended the proposal is approved, subject to the imposition of reasonable and relevant conditions. SUBJECT SITE AND ADJOINING LAND USES The site is surrounded by the following uses: To the east – Telstra Building, Whitsunday Wanderers Resort; To the west – Whitsunday Wanderers Resort; To the north – Whitsunday Wanderers Resort; and To the south – Waterson Way, Vacant Land; Commercial Premises, Single and Multiple Residential Dwellings STATE PLANNING MATTERS 1. State Assessment and Referral Agency (SARA) The Application was referred to the following Agencies: MATERIAL CHANGE OF USE LAND RELATING TO A STATE CONTROLLED ROAD √ Making a material change of Department of Concurrence use of premises if any part of Infrastructure, Local the land – Government and Planning (a) is within 25m of a State-controlled road; or State Assessment (b) is future State- and Referral Agency controlled road; or – Mackay Isaac (c) abuts a road that Whitsunday intersects with a State- Regional Office controlled road within 100m of the land SP Reg, schedule 7, table 3, item 1 MyDAS electronic lodgement: www.dsdip.qld.gov.a u/MyDAS Standard post lodgement: DSDIP SARA – Mackay Isaac Whitsunday Regional Office PO Box 710 MACKAY QLD 4740 Email lodgement: [email protected] ld.gov.au Conditions of approval issued by the State Assessment Referral Agency (SARA) have been included as Attachment 3 to this report. 2. State Planning Policy – July, 2014 This is page 41 of the Agenda of Council’s Ordinary Meeting to be held on 13 July 2016 The State Planning Policy includes interim development assessment requirements to ensure that state interests are appropriately considered by local government when assessing development applications where the local government Planning Scheme has not yet appropriately integrated the state interests in the State Planning Policy. No elements of the State Planning Policy are applicable to the proposal. 3. Mackay Isaac and Whitsunday Regional Plan - February, 2012 The Mackay, Isaac and Whitsunday Regional Plan was established to provide the vision and direction for the region to 2031. The plan provides certainty about where the region is heading in the future and provides the framework to respond to the challenges and opportunities which may arise. Regional Framework: The regional framework establishes how the regional plan seeks to achieve the vision and includes the following components: The strategic directions further express the regional vision while describing the current situation and the desired outcomes for the region. The regional settlement pattern narrative describes how the region will grow and develop. It tells the history of the region, and expresses the features of the settlement pattern that will contribute to the regional vision. The subregional narratives apply the features of the settlement pattern and the desired regional outcomes to each local government area that makes up the region, the narratives describe each subregions historical context and role in advancing toward the region vision. Desired Regional Outcomes: The strategic directions identified through desired regional outcomes identify the important aspects involved in planning for the region’s long-term development. These strategies will be achieved through management of the regions natural resources and environmental assets, and mechanisms that support a strong economy. Following an assessment of the proposal and the supporting material provided the following desired regional outcomes are applicable to the proposal. Strategic directions – Strong Communities Strengthening the region’s communities will occur through consolidating and improving built environments, understanding the unique character and identity of place and the needs of individual groups, working in partnership with communities to guide planning and decisionmaking processes, and ensuring access to key essential community services by all residents. This will ensure that the liveability of the region is retained and improved. The proposal is considered to value add to the existing premises providing for the needs of individual groups within the community which in turn will ensure the liveability of the region is improved for all. Strategic direction – Strong Economy Economic viability is a key element in ensuring the region’s sustainability and growth. The principal drivers for attaining sustainable economic development include population growth, business and industry opportunities and diversity, a skilled workforce and good This is page 42 of the Agenda of Council’s Ordinary Meeting to be held on 13 July 2016 environmental management. Diverse employment opportunities will assist in attracting and accommodating current and future residents and retaining young families in rural areas. Appropriate opportunities need to be available to enable employment related development to occur. The proposal is considered to provide a diverse range of employment opportunities necessary to ensuring the prosperity of Airlie Beach whose main employer is the tourism and hospitality sector. Strategic direction – Urban Form The built form should respond to the region’s climate with tropical design principles incorporated into development at all stages of the planning and construction cycle. This will assist in maintaining and enhancing the character and heritage of the region. The proposal is located within an existing building with a dynamic history in the region. The proposal is considered to provide compatible development to the surrounding development of Airlie Beach. The character and heritage of the building is maintained and enhanced through the proposal. Strategic direction – Transport Establishing a more compact urban form will improve the effectiveness and efficiency of transport. Containing urban development and encouraging higher density residential development in close proximity to activity centres and employment nodes will enable people to live, work and play in the same area. This results in less dependency on motor vehicles, and a stronger emphasis on walking and cycling to destinations. The proposal is acknowledged to increase the demand on car parking within Airlie Beach. However, the proposal is appropriately located to capitalise on linkages to walking and cycling connections. The location of a mixed use commercial development of this nature within Airlie Beach is appropriate. It is noted Council is currently developing a car parking strategy for Airlie Beach to alleviate pressures on car parking. Regional Narratives – Airlie Beach With a permanent population of approximately 3550 in 2011, Airlie Beach is a popular tourist destination of international significance. It provides a tourism related entertainment and recreational district focused around a palm-fringed foreshore area. The town centre has a retailing, dining, café and nightclub precinct used by locals and visitors. Airlie Beach’s foreshore features extensive parkland, a swimming lagoon and public open spaces for barbeques and gatherings. A proposal of this nature is consistent with the narrative for Airlie Beach. LOCAL PLANNING MATTERS 1. Desired Environmental Outcomes Living and Working Environment Functional, efficient, attractive and safe local community areas that: ‘exhibit a character, identity and sense of place reflective of their location;’ The proposal is considered to maintain the existing character of the building which is reflective of the Airlie Beach locality. ‘promote compatibility of land uses and provide for the effective management of land use conflicts;’ This is page 43 of the Agenda of Council’s Ordinary Meeting to be held on 13 July 2016 The proposal is suitably located to ensure minimal land use conflicts arise. The subject site has housed commercial premises since its construction. The proposal is not considered to result in any additional land use conflicts with adjoining developments. ‘are designed to promote the use of non-motorised and public transportation;’ The proposal is located within an existing building on Waterson Way. The premise is located within close proximity to bus stops on Airlie Main Street and pedestrian infrastructure leads from the bus stop to the premises. The proposal is also located within walking distance from the majority of the hotels and backpacker accommodation complex’s. It is therefore considered the proposal, to the extent reasonable, is suitably located to maximise the existing non-motorised and public transport services. Economic Sustainability A productive local and regional economy that is growing and diversifying in a manner consistent with the Shire’s character and amenity and the sustainable use of the Shire’s resources and infrastructure, including: ‘a strong tourism and recreation sector;’ The proposal is considered to assist the region is developing and maintaining a strong tourism and recreation sector. A strong mix of commercial activities is necessary to attaining commercial sustainability. ‘location of business opportunities in a manner that minimises land use conflicts with other adjoining or concurrent uses.’ The proposal is suitably located to ensure minimal land use conflicts arise. The subject site has housed commercial premises since its construction. The application has been accompanied by a Noise Impact Assessment Report which provides recommendations to minimise noise impacts to adjoining uses. The proposal is not considered to result in any additional land use conflicts with adjoining developments. Urban Design and Character A high quality built environment characterised by development which: ‘is of a bulk, scale and density consistent with the character and context of the area, and of associated development;’ The proposal will not result in any changes to the existing bulk, scale and density to which has been established on site. ‘sustainably re-uses existing building stock wherever possible; and’ The proposal achieves a sustainable re-use of an existing building within the region. The proposal will not result in any changes to the bulk, scale or density of the building. ‘reflects the dominant use and related character of the area.’ The proposal is located on commercial zoned land, therefore reflecting the dominant use and character of the area. 2. Overall Outcomes of Zone Code This is page 44 of the Agenda of Council’s Ordinary Meeting to be held on 13 July 2016 The overall outcomes are the purpose of the Commercial Zone Code. The overall outcomes sought for the Commercial Zone are the following: (a) (b) (c) (d) (e) (f) (g) (h) (i) (j) (k) (l) (m) (n) (o) (p) (q) (r) (s) (t) (u) (v) Proserpine, Cannon Valley, Cannonvale and Airlie Beach town centres are the main business and community centres in the Shire, accommodating higher order services and the widest range of employment opportunities; Airlie Beach is the key mainland tourism centre, as a destination in its own right and a gateway to the Whitsunday Islands; other local centres in Proserpine, Cannon Valley, Cannonvale and Jubilee Pocket provide a focal point for their immediate neighbourhoods and incorporate lower order special uses and convenience retail and commercial activities; Shute Harbour is a key service centre, embarkation point and gateway to the Whitsunday Islands; commercial zoned land at Shute Harbour and Abel Point accommodates marine-based or tourist/recreation-related commercial activities to support the marine transit facilities; uses contribute to the vitality and experience of Airlie Beach and Shute Harbour as tourist destinations and of the other centres as community focal points; residential uses predominantly occur above ground floor commercial uses, and in Airlie Beach, a wide range of visitor accommodation is available; centres have built form that is compact and of a scale and design consistent with the character and context of the locality, and contributes to a sense of identity; the character of Airlie Beach, which includes its tropical flavour, pedestrian scale, compact form, orientation towards the street, unifying awning treatments, building heights and landscape elements, is maintained; in Airlie Beach, the height of development is a maximum of three storeys to the street, and on the southern side of Shute Harbour Road, and where set back from street and public access areas, up to five storeys high; in Shute Harbour, development is low rise towards the foreshore and wharf, and higher towards the hillsides; centres provide attractive, comfortable, safe and convenient public spaces; commercial and community activities are consolidated within the zone boundaries and designed and buffered to avoid conflicts with surrounding uses; servicing and vehicle access and parking occur in locations that do not detract from the attractiveness of the street and foreshore areas. activities along Shute Harbour Road, the main street of Proserpine or the Bruce Highway create an attractive and active streetscape; centres are integrated with adjacent special uses, foreshore areas and open space networks; in the Town of Whitsunday, views are provided to the forested hills behind, and where possible, to the foreshore and ocean; centres are designed to be conveniently accessible from surrounding residential areas, particularly by public and non motorised forms of transport; significant environmental, cultural and landscape values and features are maintained and protected against adverse impacts; the safety and efficiency of air, road, rail and sea transport facilities and other infrastructure is protected, and the amenity and safety of development is not adversely affected by proximity to such infrastructure; in the Town of Whitsunday, the role of Shute Harbour Road as a significant social and cultural link and a unifying landscape feature is protected and enhanced; and Non commercial uses are integrated in buildings with commercial uses to maintain a dominantly commercial character when viewed from the street. The proposal upholds the intent of maintaining Airlie Beach as the key mainland tourism centre and the main business and community centre in the Shire. The proposal is located within an existing building which has a built form, scale and design consistent with the This is page 45 of the Agenda of Council’s Ordinary Meeting to be held on 13 July 2016 character and context of the locality and contributes to sense of identity in Airlie Beach. The character of Airlie Beach, which includes its tropical flavour, pedestrian scale, compact form, orientation towards the street, unifying awning treatments, building heights and landscape elements is maintained through the proposal as the proposal presents to the street and provides an active frontage under an awning. Vehicle access and car parking for the premises already exists and is located in the basement of the premises. It is acknowledged that a short fall in car parking for the premises exists. The proposal is however considered to have merit despite the short as it offers a mixture of commercial uses which are highly sought after to the region, increasing liveability and desirability for those living in or visiting the region. 3. Overall Outcome of Overlay Code Natural Hazards Overlay Code – Bushfire Hazard The proposal is identified as being located within medium bushfire hazard. The proposal is located within an existing building. Therefore, bushfire hazard is considered to be suitably addressed. 4. Specific Outcomes of Zone and other Codes Commercial Zone Code The proposal is considered to be consistent with the Commercial Zone Code. The application has been accompanied by a Noise Impact Assessment Report which provides recommendations to minimise noise impacts to adjoining uses. The proposed use of the premises (indoor entertainment on the first floor) will not impact on the amenity of adjoining residential premises as the area is fully enclosed within the building structure. The existing building is connected to all necessary infrastructure services with the capacity of servicing the proposed uses. The proposal will not result in any additional building works, with the ground floor located on the street frontage accompanied by an awning over part the width of the footpath. The external façade of the building has undergone extensive renovations. The building is considered to present an attractive frontage to Waterson Way with the inclusion of windows, awnings and footpath treatment and landscaping which reflects Airlie Beach. The existing building is considered to have generous floor to ceiling space providing natural ventilation. The main internal uses front Waterson Way providing casual surveillance of the public road and footpath areas. The subject site allows for the safe convenient pedestrian and cyclist movement within and external to the site. The proposal is conveniently located to maximise the use of public transport with a bus stop located at the top of Airlie Main Street. Commercial Uses Code The proposal is considered to be consistent with the Commercial Uses Code. The proposed use is located within an existing area within the building which is considered to be a sufficient size to accommodate the proposed uses. The subject building has been refurbished, both internally and externally, to now present a more modern and visually attractive façade to Waterson Way. The building entrance is clearly visible from the street with parking areas located within the basement. The premise caters for disabled access requirements with access ramps and an internal elevator. The basement car park has spaces available for disabled parking located close to the elevator. The application has been accompanied by a Noise Impact Assessment Report which provides recommendations to minimise noise impacts to adjoining uses. The subject site allows for the safe convenient pedestrian and cyclist movement within and external to the site. The proposal provides adequate lighting for all entrance ways, car parks and foyers. The garbage bin storage and general storage areas are all located away from view and screened within enclosed areas. This is page 46 of the Agenda of Council’s Ordinary Meeting to be held on 13 July 2016 General Development Code The proposal is considered to be consistent with the General Development Code. The site is connected to Council's water supply and sewerage reticulation services. Electricity and telecommunication services are connected. Landscaping and shade sales have been provided along the Waterson Way frontage of the site which provides shade to the external footpath dining area. The site contains an existing access with no changes proposed. The building contains safe and convenient access for pedestrians. Bicycle parking is available in the basement car park. In accordance with the General Development Code the proposal requires 74 car parking spaces. The subject site currently has 29 on-site car parking spaces in the basement. The applicant has provided information to support the application in terms of the actually car parking demand created. Applicant’s representations Ground Floor Café (45.0m2) – request 50% relaxation Hairdresser (16.8m2) Shop (21.0m2) Indoor Function and Bar Area (472.24m2) – request 100% relaxation Total 2.25 spaces 0.84 spaces 1.05 spaces 23.6 spaces 27.74 spaces Relaxation of car parking requirements requested on the following grounds: The total car parking requirement is 27.74 spaces should no relaxation of car parking be applied. The site currently has 29 on-site car parking spaces. It is submitted that the parking requirement for the Indoor Function and Bar Area not be applied in this instance and a 50% relaxation of the car parking for the Café be applied for the reasons outlined below. Café – Request for 50% relaxation on the basis that many of the patrons of the café are members of the gym who take advantage of the café facilities. Indoor Function Room and Bar area. Request 100% relaxation on the following grounds: o The area is utilised for events and functions during extreme weather events which renders the First Floor as being unsuitable. The applicants require an alternative all weather area to move the First Floor functions during these weather events. As car parking is available for the First Floor function/cinema use (refer below), additional parking spaces are not required. o The Bar Area is utilised by the guests/patrons of the Indoor Function Area for meal and tea breaks. This use does not result in a demand for additional car parking spaces. o Delegates to conferences arrive by plane into the Whitsunday Coast Airport and a courtesy bus pick-up is arranged to the venue as part of the delegate package. Most delegates will stay in accommodation houses in the Airlie Beach and do not have vehicles. They will walk from their accommodation premises to the facility, use the courtesy bus or take public transport/taxis. o Guests attending weddings will also travel by plane into the Whitsunday Coast Airport. As the venue is located adjacent to the Airlie Beach tourist and accommodation precinct, many guests will either walk to the facility or take public transport/taxis due to the current strict drink driving laws. o WACC have a package arrangement with the local Taxi service which applies a discounted rate per head for conference/event delegates. Summary This is page 47 of the Agenda of Council’s Ordinary Meeting to be held on 13 July 2016 It is submitted that only three (3) car parking spaces should be applied to the uses proposed on the Ground Floor. First Floor Outdoor Roof Top Cinema (257.0m2) 13.0 spaces Indoor Function Room (with Bar) (106.0m2) – request 100% relaxation 5.3 spaces Break-out Room (Kids Play Section) (118.44m2) – request100% relaxation 5.92 spaces Break-out Room (56.4m2) – request 100% relaxation 2.82 spaces Total 27.0 spaces Relaxation of car parking requirements requested on the following grounds: WACC propose to provide a courtesy bus to transport patrons to and from the venue. The total car parking requirement is 27 spaces should no relaxation of car parking be applied. The site currently has 29 on-site car parking spaces. It is submitted that the parking requirements for the Indoor Function Room and the two Break-out Rooms should not be applied in this instance for reasons outlined below. Indoor Function Room and Bar Area is utilised by the guests/patrons of the Outdoor Roof Top Cinema for drink and tea breaks. This use does not result in a demand for additional car parking spaces. The Indoor Function Room and Outdoor Roof Top area will be used for the Thursday night wildlife show and two nights per week for art shows and movie nights. The car parking associated with this use (13 spaces) will be available within the existing basement car park as these parking spaces will not be fully utilised after 6.30 p.m. Most private functions and weddings are held on weekends and evenings when the other commercial uses are not operating. Delegates to conferences arrive by plane into the Whitsunday Coast Airport and a courtesy bus pick-up is arranged to the venue as part of the delegate package. Most delegates will stay in accommodation houses in the Airlie Beach and do not have vehicles. They will walk from their accommodation premises to the facility, use the courtesy bus or take public transport/taxis.. Guests attending weddings will also travel by plane into the Whitsunday Coast Airport. As the venue is located adjacent to the Airlie Beach tourist and accommodation precinct, many guests will either walk to the facility or take public transport/taxis due to the current strict drink driving laws. WACC have a package arrangement with the local Taxi service which applies a discounted rate per head for conference/event delegates Break-out rooms – Request 100% relaxation on the basis that these rooms are used by members of the gym (kids play section) or as a break-out area for delegates attending a conference or event. This use does not result in a demand for additional car parking spaces. The Discovery Space (accredited information centre) will be promoted towards the guests of the Cruise Ship Market who are transferred from the Port of Airlie Marina to the venue by courtesy bus. This use does not result in a demand for additional car parking spaces. Summary It is submitted that only thirteen (13) car parking spaces should be applied to the uses proposed on the first floor. Second Floor Gym 24 hour (Extreme Fitness) (302m2) Balcony (69m2) Total 15.0 spaces 3.45 spaces 18.45 spaces This is page 48 of the Agenda of Council’s Ordinary Meeting to be held on 13 July 2016 Airlie Extreme Fitness is a 24 hour gym however the last class finishes at 7.30 p.m. The peak demand times for the gym is weekday mornings between 6.00 a.m. and 10.00 a.m., weekday afternoons between 4.30 p.m. and 7.30p.m. and Saturday mornings. These hours are generally outside the trading hours of the commercial operators of the venue. The overall total car parking requirement has been calculated as 35 spaces when the requested relaxations are applied, making a shortfall of 6 spaces. Officers Comments Council Officers have reviewed the representations made by the applicant requesting a dispensation to the car parking demand created by the proposal. Council Officers support the claims made by the applicant that the proposed use will generate less car parking demand than is calculated under the General Development Code. It is considered the car parking demand will be lessened as several of the proposed uses do not attract an individual car parking demand, being the break out rooms. Furthermore, the indoor function facility is considered to operate outside normal business hours and will encompass activities where visitors will have the ability to utilise a variety of transport opportunities to travel to and from the site (courtesy bus, taxies etc.). Whist it is noted the applicant is proposing zero car parking spaces, the proposed development does provide an integrated method to the overall development of Airlie Beach. A review of the Queensland Government, 2010 - The Transit Oriented Development Guide outlines that ‘TOD’ precinct types offer high-frequency transit services and good pedestrian connections and have the lowest maximum parking rates. The principle is to ‘locate, design, provide and manage car parking in TOD Precincts to support walking, cycling and public transport accessibility.’ The Airlie Beach Precinct is likened to a TOD Precinct due to the availability of public transport and the transit nature of visitors to the Region travelling by bus, train or air. The proposed development is located in a predominately commercial area featuring a range of mixed development. The scale and intensity of development in the surrounding area varies with a distinct intensification of development along both the northern and southern side of Shute Harbour Road known as the ‘main street’ in Airlie Beach. In the immediate vicinity of the subject site, development is generally of a low to medium rise profile and features mainly commercial and residential development, within extremely close proximity to local services and attractions adopting a ‘TOD’ principle. It is noted, that the Draft Whitsunday Shire Planning Scheme includes a Transport and Parking Code which aims to ensure that transport infrastructure including pathways, public transport infrastructure, roads, parking and service areas, are provided in a manner which meets the needs of the development, whilst promoting active and public transport use and preserving the character and amenity of the Whitsunday region. A review of the proposal suggests this intent is upheld by the development. Based on the assessment above, after the applying the dispensation, the car parking demand for the proposal is 35 car parking spaces. Therefore, the proposal will result in short fall of six (6) car parking spaces. A condition of approval will be included for the payment of a monetary contribution based on six (6) car parking spaces at $5,000 per car parking space contributing a total of $30,000. The figure of $5,000 is based on the actual construction cost per public car park from relevant developments within the immediate surrounding area. This is page 49 of the Agenda of Council’s Ordinary Meeting to be held on 13 July 2016 5. Adopted Infrastructure Charges Resolution The following is a breakdown on the Infrastructure Charges for the development: DEMAND - INFRASTRUCTURE CHARGE Infrastructure Charge Rate (per m² or dwelling) Infrastructure Charge Category Commercial (retail) Number of Demand Units (m²/dwellings ) $180 per m2 of GFA plus $10 perm2 of impervious area Entertainment $200 per m2 of GFA plus $10 per m2 of impervious area Infrastructure Demand Per Category 82.8m2 $14,904.00 1,381.08m2 $276,216.00 555.04m2 $5,550.40 Total Infrastructure Demand $296,670.40 CREDITS - INFRASTRUCTURE CREDIT Applicable Credit Category Existing Lawful Use Infrastructure Charge Category Commercial (retail) Infrastructure Charge Rate $180 per m2 of GFA plus $10 perm2 of impervious area @82.8m2 Discount % Infrastructure Credit Per Category 100% $14,904.00 Entertainment $200 per m2 of GFA plus $10 per m2 of impervious area @908.44m2 $181,768.00 $5,550.40 555.04m2 $202,222.40 Total Infrastructure Credit TOTAL INFRASTRUCTURE CHARGE Total Infrastructure Demand Minus Total Infrastructure Credit Minus Total Trunk Infrastructure Cost Total Infrastructure Charge $296,670.40 $202,222.40 Nil. $94,448.00$$ This is page 50 of the Agenda of Council’s Ordinary Meeting to be held on 13 July 2016 6. Draft Whitsunday Regional Council Planning Scheme – November, 2014 Strategic Framework: The proposal is considered to be consistent with the Strategic Outcomes of the Draft Whitsunday Regional Council Planning Scheme. The proposal upholds the life-enriching capacities of the community and maintains the coordinated, efficient and orderly provision of infrastructure. The proposal assists in providing economic resilience, wealth creating and employment generating capacities for the region and enhancing these for present and future generations. Despite minor non-compliances the proposal is not considered to detract from the remaining Strategic Outcomes. Strategic Intent: The proposal is considered to be consistent with the Strategic Intent of the Draft Whitsunday Regional Council Planning Scheme. The proposal supports the Strategic Intent of ensuring that in 2036 and beyond; the Whitsundays is a prosperous, liveable and sustainable region where people live, work, play and invest. The proposal is located within an existing urban area of the major township of Airlie Beach and is considered to support growth to the regional economy. Proposed Zone: Under the Draft Whitsunday Regional Council Planning Scheme the proposal is located in the mixed use zone. The proposal is considered to be generally consistent with the mixed use zone. The proposal is considered to be compatible with the character and amenity of the surrounding development. Applicable Overlays: Under the Draft Whitsunday Regional Council Planning Scheme the applicable overlays are the bushfire overlay. The proposal is considered to be consistent with the bushfire overlay code as the development is located within an existing premise. Level of Assessment: Under the Draft Whitsunday Regional Council Planning Scheme the level of assessment for the proposal is code assessable. Under the Whitsunday Shire Planning Scheme 2009 the proposal is also code assessable. Applicable Codes: The applicable codes are: business activities code, mixed use zone code, infrastructure code, landscaping code, transport and parking code. The proposal is considered to achieve general compliance with the applicable codes. PUBLIC NOTIFICATION, SUBMISSIONS AND REPRESENTATIONS The development application was not required to be placed on public notification in accordance with the relevant provisions of the Sustainable Planning Act 2009. CORPORATE PLAN REFERENCE Place Objective: Our infrastructure supports our region’s current and future needs. This is page 51 of the Agenda of Council’s Ordinary Meeting to be held on 13 July 2016 OPERATIONAL PLAN REFERENCE Place Strategies 1. Develop and maintain effective roads and drainage infrastructure, networks and facilities. 2. Develop and maintain effective water and waste water infrastructure, networks and facilities. 3. Develop integrated asset management plans to effectively manage and maintain road, water and waste water infrastructure and ensure assets meet the demands of a growing population. 4. Deliver effective customer focussed water services that protect the public health. 5. Develop a planned approach to securing the Whitsunday Region’s water supply. 6. Partner with Federal and State Governments to enhance the Whitsunday Region’s capacity for ongoing development and infrastructure maintenance. 7. Engage with Federal and State Governments regarding regional and national water security issues. CONCLUSION / SUMMARY The application has been assessed against the relevant provisions of the Sustainable Planning Act 2009 and the Whitsunday Shire Planning Scheme 2009. The proposal is considered to be consistent with the Planning Scheme. The application is recommended for approval in accordance with the drawings and documents submitted, subject to reasonable and relevant conditions. CONSULTATION Matthew Twomey – Senior Town Planner (Author) ATTACHMENTS Attachment 1 – Locality Plan Attachment 2 – Proposal Plan Attachment 3 – State Agency Referral Agency (SARA) Response This is page 52 of the Agenda of Council’s Ordinary Meeting to be held on 13 July 2016 Attachment 1 – Locality Plan This is page 53 of the Agenda of Council’s Ordinary Meeting to be held on 13 July 2016 Attachment 2 – Proposal Plan This is page 54 of the Agenda of Council’s Ordinary Meeting to be held on 13 July 2016 This is page 55 of the Agenda of Council’s Ordinary Meeting to be held on 13 July 2016 MATERIAL CHANGE OF USE LAND RELATING TO A STATE CONTROLLED ROAD √ Making a material change of use Department of premises if any part of the land Transport & – Roads (a) is within 25m of a State- (DTMR) controlled road; or (b) is future State-controlled road; or (c) abuts a road that intersects with a State-controlled road within 100m of the land SP Reg, schedule 7, table 3, item 1 of Concurrence Main Mackay Isaac Whitsunday Regional Office Department of State Development, Infrastructure and Planning PO Box 710 Mackay QLD 4740 This is page 56 of the Agenda of Council’s Ordinary Meeting to be held on 13 July 2016 Attachment 3 – State Agency Referral Agency (SARA) Response This is page 57 of the Agenda of Council’s Ordinary Meeting to be held on 13 July 2016 This is page 58 of the Agenda of Council’s Ordinary Meeting to be held on 13 July 2016 This is page 59 of the Agenda of Council’s Ordinary Meeting to be held on 13 July 2016 This is page 60 of the Agenda of Council’s Ordinary Meeting to be held on 13 July 2016 This is page 61 of the Agenda of Council’s Ordinary Meeting to be held on 13 July 2016 13. Community and Environment 13.1 ADVISORY - MIW EMBRACING 2018 STEERING COMMITTEE MINUTES - 10 JUNE 2016 RECOMMENDATION That Council receive the Minutes from the Mackay, Isaac, Whitsunday Embracing 2018 Commonwealth Games Steering Committee meeting on 10 June 2016. The following report has been submitted for inclusion in Council's Ordinary Meeting to be held on 13 July 2016 by Council's Community and Environment Department. BACKGROUND The MIW Commonwealth Games Steering Committee is part of a network of regional bodies established by the Queensland government. The primary role of the committees is to promote a whole of State approach to the 2018 Commonwealth Games, specifically to identify how the respective regional areas may be able to take advantage of business opportunities relating to the Commonwealth Games and the associated activities. REPORT The MIW Commonwealth Games Steering Committee held a meeting on 10 June 2016 in Mackay. The minutes of the meeting are attached to this report. STATUTORY MATTERS N/A CORPORATE PLAN REFERENCE Governance and Leadership Objective: Our leadership partners with government, industry, business and community to deliver positive outcomes. OPERATIONAL PLAN REFERENCE Governance and Leadership Strategies 1. Build and maintain strong, collaborative and cooperative relationships across all levels of government, business, industry and the community. 2. Identify opportunities for alignment between Council’s interests and objectives with those of Federal and State Governments. 3. Partner with government, business, industry and the community to promote the Whitsunday Region at both a national and international level. This is page 62 of the Agenda of Council’s Ordinary Meeting to be held on 13 July 2016 4. Advocate Council’s interests and objectives to government, business, industry and the community. BUDGET REFERENCE N/A CONSULTATION Rod Cousins - Acting Manager Community and Libraries (Author) Julie Wright – Acting Director Community and Environment ATTACHMENTS Appendix 1 - Minutes of the MIW Commonwealth Games Steering Committee meeting held on 10 June 2016. This is page 63 of the Agenda of Council’s Ordinary Meeting to be held on 13 July 2016 Appendix 1 - Minutes of the MIW Commonwealth Games Steering Committee meeting held on 10 June 2016. Meeting minutes Mackay, Isaac, Whitsunday Embracing 2018 Working Group 9:30am Friday 10 June 2016 Room 4.13 Level 4, 44 Nelson Street Mackay Attendees: Craig Forsyth, James Sullivan, Amanda Lavarack, Rod Cousins, Daniel Bright, Karen Young, Reg Roberts, Kevin Casey, Lara Russell Apologies: Karen Vloedmans, Russell Gardner Chair: Amanda Lavarack Minutes: James Sullivan Agenda item 1. Topic Welcome & apologies Action required AL Meeting opened 9:40am Introduction of new members 2. Speaker AL AL advised the meeting of the appointment of Russell Gardner (CQUniversity, Kim Dale (Department of Education and Training) and Cr Kevin Casey (Mackay Regional Council) to the working group. Review of minutes from the previous meeting AL Minutes were an accurate record of the previous meeting 3. Moved AL Second LB Outstanding actions from the previous meeting: o 4. RR’s visit to region – see agenda item 5 Update from Embracing 2018 – staff from DTESB RR informed the group that there will be an important announcement on Regional Opportunities in the coming months. The latest E-blast has been sent out. Current and upcoming procurement opportunities include – Village catering service, merchandising, printing services, temporary seating, and photograph service for the baton relay. On catering services AL citied the region’s push to promote local produce. RR Mackay Chamber of Commerce to circulate photography opportunity LR could promote as well AL to send LR contact of Mackay Women’s Centre regarding the 1 million stars to end This is page 64 of the Agenda of Council’s Ordinary Meeting to be held on 13 July 2016 5. 6. 7. The Game’s Minister is meeting with state sporting bodies to ensure a benefit from the Commonwealth Games to them flows. RR will provide feedback on the key outcomes of those meetings and what the state sporting bodies are looking to out of the games. Reconciliation Action Plan (RAP) – Reconciliation Australia will meet with OCG this week to discuss RAP for the Games, which will be launched later this year. This is the first time that a RAP has been included in such a large scale sporting event. 1 Million Stars to end Domestic Violence now have 60+ weave communities worldwide. AL informed the group the Mackay Women’s Centre has now started a weave community. No update on pre-event training – working with DFAT to get the message out. Regional profile is still not on the website; however it should be loaded onto the site by the end of the month. OCG is meeting with the CEO of Table Tennis Queensland. Reg Roberts visit to Mackay – 26/27 July 2016 RR will arrive in Mackay on the morning of 26 July 2016 and will meet with the Working Group at 9:30am. This will be followed by a meeting with local sporting groups at 11:30am KY will make contact with sporting groups for the meeting At 2:45pm RR will then provide a Commonwealth Games update at QME on the progress of the Games and procurement opportunities for local suppliers. On 27 July RR and members of the working group will visit various sporting venue in Mackay to inspect their facilities for preevent training purposes Volunteer training CQUniversity is still interested in supporting the roll-out of volunteer training. RR reported the training package had not been finalised, however GOLDOC will have responsibility for training and will most likely be similar to induction training. RR will make contact with Volunteering Queensland to discuss possible training. OCG will also require volunteers in the lead up to the games and will require their own training and induction. Working Group Plan KY reported bike week was a big success. Upcoming events Next round of RADF is due in August MRC have tendered to Arts Queensland: Prioritising applications for concept domestic violence AL AL to send Itinerary to RR for his visit RR to confirm to AL flight arrival and departure times KY to contact sporting groups regarding the meeting and site visits on 27 August 2016 all Daniel and Amanda to liaise with Russell from CQUniversity on possible design of volunteer training at a meeting. all LR to send information on RADF to AL, AL to forward onto RR This is page 65 of the Agenda of Council’s Ordinary Meeting to be held on 13 July 2016 8. development that could lead to the further development of cultural tourism products and events enables our local creatives to make the most of the potential increase in tourism in Queensland due to the Commonwealth Games in April 2018. The locally developed guidelines have been changed to reflect the local priority. General Business KC mentioned the upcoming North Queensland Games which are to be held in Cairns and the 2018 North Queensland Games to be held in Mackay. RR encouraged the group to provided information to be included in the e-blast. all Next steps and close 10:46am 9. Next meeting Tuesday 26 July 2016 9:30am – 11am Level 5 Conference Room, 44 Nelson Street, Mackay This is page 66 of the Agenda of Council’s Ordinary Meeting to be held on 13 July 2016 13. Community and Environment 13.2 ADVISORY - LOGAN'S ADVENTURE PLAYGROUND PROJECT COMMITTEE MEETING MINUTES - JUNE 2016 RECOMMENDATION That Council resolves to accept the minutes from the Logan's Adventure Playground Project Committee held on 16 June 2016. The following report has been submitted for inclusion in Council's Ordinary Meeting to be held on 13 July 2016 by Council's Community and Environment Department. BACKGROUND In December 2011, a Parents Action Group based in Cannonvale approached Council interested in developing an adventure playground in Cannonvale. A Committee was established to develop the project which included the Parent Action Group members and Council officers. In February 2013 the Council engaged John Harper Landscaping Designs to assist the project committee to design the playground. The Council endorsed the proposed design plans for Logan’s Adventure Playground on 26 June 2013. A project committee meeting was held on 16 June 2016. REPORT The Logan’s Adventure Playground working group met on 16 June 2016. The minutes from the working group meeting are attached to this report. The minutes provide an update on the progress of the Logan’s adventure playground project. STATUTORY MATTERS N/A CORPORATE PLAN REFERENCE People Objective: Our region is inclusive and motivated by a range of social, cultural and recreation opportunities. OPERATIONAL PLAN REFERENCE People Strategies 1. Effectively maintain public spaces and ensure they are accessible to people of all ages and abilities. 3. Develop a balanced system of funding local sport and recreation facilities. This is page 67 of the Agenda of Council’s Ordinary Meeting to be held on 13 July 2016 5. Encourage cooperation between community and sporting groups and maximise benefits to sporting and recreation facilities across the Whitsunday Region. 6. Support community groups in facilitating a variety of cultural, community, sporting and recreation activities, events and programs. BUDGET REFERENCE N/A CONSULTATION Scott Hardy – Manager Natural Resources Management & Climate Change (Author) Jason Raiteri – Director of Engineering Services ATTACHMENTS Attachment 1 - Minutes of the Logan’s Adventure Playground Project Committee meeting – 16 June 2016. This is page 68 of the Agenda of Council’s Ordinary Meeting to be held on 13 July 2016 Attachment 1 - Minutes of the Logan’s Adventure Playground Project Committee meeting – 16 June 2016 This is page 69 of the Agenda of Council’s Ordinary Meeting to be held on 13 July 2016 This is page 70 of the Agenda of Council’s Ordinary Meeting to be held on 13 July 2016 This is page 71 of the Agenda of Council’s Ordinary Meeting to be held on 13 July 2016 This is page 72 of the Agenda of Council’s Ordinary Meeting to be held on 13 July 2016 This is page 73 of the Agenda of Council’s Ordinary Meeting to be held on 13 July 2016 This is page 74 of the Agenda of Council’s Ordinary Meeting to be held on 13 July 2016 This is page 75 of the Agenda of Council’s Ordinary Meeting to be held on 13 July 2016 This is page 76 of the Agenda of Council’s Ordinary Meeting to be held on 13 July 2016 This is page 77 of the Agenda of Council’s Ordinary Meeting to be held on 13 July 2016 This is page 78 of the Agenda of Council’s Ordinary Meeting to be held on 13 July 2016 This is page 79 of the Agenda of Council’s Ordinary Meeting to be held on 13 July 2016 This is page 80 of the Agenda of Council’s Ordinary Meeting to be held on 13 July 2016 This is page 81 of the Agenda of Council’s Ordinary Meeting to be held on 13 July 2016 13. Community and Environment 13.3 COMMUNITY ASSISTANCE GRANTS PROGRAM 2015/16 - SUMMARY AND REVIEW RECOMMENDATION That Council: a) Approve the commencement of the Community Assistance Grants program for the 2016/17 financial year; b) Agree to introducing a three round structure, per financial year, for the Special Projects Grant. The following report has been submitted for inclusion in Council's Ordinary Meeting to be held on 13 July 2016 by Council's Planning and Community Services Department. BACKGROUND At the Council meeting held on 9 December 2015, Council resolved to adopt a new Community Assistance Grants Policy. As part of the policy, it is a requirement that the policy be reviewed at the end of each financial year. Recommendations will then go to the next available Ordinary meeting. REPORT For the 2015/2016 period, Council has adopted a new grants regime to support local sports and community groups in the Whitsunday region. The program was officially activated in January 2016 with the first grants awarded in February. At the conclusion of the 2015/16 financial year, Council had awarded a total of $238, 770.79 across the three funding streams as per the below: Sport & Recreation Club Grants - $68,500.00 Special Projects Grants - $130,270.79 Facility Management Grants – $40,000.00 Geographically, the applications for funding, and subsequent awarding of funds, were reasonably well shared throughout the region, with a total of 38 applications received in the 2015/2016 period. Bowen – 10 Sport & Recreation Club Grants 1 Special Projects Grant Cannonvale, Airlie Beach area – 8 Sport & Recreation Club Grants 3 Special Projects Grants 1 Facility Management Grant Collinsville – 2 Sport & Recreation Club Grants 1 Special Projects Grant This is page 82 of the Agenda of Council’s Ordinary Meeting to be held on 13 July 2016 Dingo Beach/Hydeaway Bay – 1 Sport & Recreation Clubs Grant Proserpine 7 Sport & Recreation Club Grants 3 Special Project Grants 1 Facility Management Grants Given the relatively short period of time the program was available for this financial year, the level of investment by Council has been significant. Initial feeback from recipients of the new Community Assistance Grants program has been extremely positive with the funding providing real support for the clubs and associations in the Whitsunday community. There is money allocated in the 2016/17 budget to the Community Assistance Grants in the current format and, given it has only been in operation for approximately six months, it may be reasonable to allow a full twelve month program to fully assess its impacts, both financially and in terms of community involvement in the program. STATUTORY MATTERS Local Government Act 2009 Local Government Regulation 2012 CORPORATE PLAN REFERENCE People Objective: Our region is inclusive and motivated by a range of social, cultural and recreation opportunities. OPERATIONAL PLAN REFERENCE People Strategies 3. Develop a balanced system of funding local sport and recreation facilities. 6. Support community groups in facilitating a variety of cultural, community, sporting and recreation activities, events and programs. BUDGET REFERENCE GL 3870.405 – Community Assistance Grants CONSULTATION Rod Cousins - Regional Sports & Recreation Officer (Author) Julie Wright – Manager of Health & Environment ATTACHMENTS N/A This is page 83 of the Agenda of Council’s Ordinary Meeting to be held on 13 July 2016 13. Community and Environment 13.4 2016 SENIORS WEEK REQUEST FOR FINANCIAL SUPPORT RECOMMENDATION That Council allocate funds of $2000 for the Seniors Week celebrations in Bowen, Proserpine/Airlie Beach and Collinsville. The following report has been submitted for inclusion in Council's Ordinary Meeting to be held on 13 July 2016 by Council's Community and Environment Department. BACKGROUND Seniors Week is an annual event and this year is being held from 13 - 21 August. Events are held in Bowen, Proserpine and Collinsville for seniors to attend and celebrate this week. Council usually contribute in some form or another to each of these events. REPORT Previously Council has supported Seniors Week celebrations by providing morning tea and waiving the hire fees for the venues and subsidising events to make them more affordable for seniors. The below provides a proposal for each of the above areas: Bowen - Council contribution of $500 to provide cake and morning tea supplies for the Senagers 60’s Revival event to be held at the Bowen PCYC to be held on Tuesday 16 August 2016 - this event is being organised by Shelley Tait from Murroona Gardens. Proserpine and Airlie Beach – Council contribution of $1000 to the Proserpine Entertainment Centre to subsidise Morning Melodies to $7 per person. Collinsville - Council contribution of $500 to provide a seniors themed morning tea or luncheon at the Collinsville Community Centre STATUTORY MATTERS N/A CORPORATE PLAN REFERENCE People Objective: Our region is inclusive and motivated by a range of social, cultural and recreation opportunities. This is page 84 of the Agenda of Council’s Ordinary Meeting to be held on 13 July 2016 OPERATIONAL PLAN REFERENCE People Strategies 6. Support community groups in facilitating a variety of cultural, community, sporting and recreation activities, events and programs. BUDGET REFERENCE W2967.1074 - Community Donations CONSULTATION Elizabeth Youd - Community Grants Support and Events Officer (Author) Rod Cousins - Regional Sports & Recreation Officer Julie Wright – Manager of Health & Environment ATTACHMENTS N/A This is page 85 of the Agenda of Council’s Ordinary Meeting to be held on 13 July 2016 13. Community and Environment 13.5 REQUEST FOR FINANCIAL SUPPORT - BOWEN BRANCH AUSTRALIAN PENSIONERS AND SUPERANNUANTS LEAGUE QLD (INC) RECOMMENDATION That Council provides financial support of $500 to the Australian Pensioners and Superannuants League QLD (APSL) – Bowen Branch to help with expenses incurred for the Bowen Conference. The following report has been submitted for inclusion in Council's Ordinary Meeting to be held on 13 July 2016 by Council's Community and Environment Department. BACKGROUND The Australian Pensioners and Superannuants League Qld (Inc) is a voluntary support, referral, information, advocacy and lobby group with members of varying ages receiving various types of pensions with some living partly on superannuation funds. APSL provides a voice at local, state and federal levels of government on all issues of importance on the wellbeing, security and dignity of people who are receiving a pension or superannuation payment. The League is predominantly run by volunteers. REPORT Correspondence has been received from Pearl Russell of the Bowen Branch of the Australian Pensioners and Superannuants League Qld (Inc) (APSL) requesting financial assistance of $500 to assist with expenses incurred by hosting the Annual State Conference on 5 and 6 September 2016 in Bowen. STATUTORY MATTERS N/A CORPORATE PLAN REFERENCE Governance and Leadership Objective: Our leadership partners with government, industry, business and community to deliver positive outcomes. OPERATIONAL PLAN REFERENCE Governance and Leadership Strategies 1. Build and maintain strong, collaborative and cooperative relationships across all levels of government, business, industry and the community. BUDGET REFERENCE W2967.1074.622 - Community Donations This is page 86 of the Agenda of Council’s Ordinary Meeting to be held on 13 July 2016 CONSULTATION Jacqueline Neave - Arts & Culture Officer (Author) Rod Cousins - Acting Manager Community & Libraries Tammy McDonald - Executive Assistant to the Mayor and Councillors ATTACHMENTS Attachment 1 – Letter from Pearl Russell – APSL Bowen branch This is page 87 of the Agenda of Council’s Ordinary Meeting to be held on 13 July 2016 Attachment 1 – Letter from Pearl Russell – APSL Bowen branch This is page 88 of the Agenda of Council’s Ordinary Meeting to be held on 13 July 2016 13. Community and Environment 13.6 REQUEST FROM ACT WHITSUNDAYS TO USE COUNCIL LIBRARIES AS SITES FOR A RECYCLING PROGRAM RECOMMENDATION That Council advise ACT Whitsunday that Council is supportive of the project but that alternative sites to libraries would be preferred. The following report has been submitted for inclusion in Council's Ordinary Meeting to be held on 13 July 2016 by Council's Planning and Community Services Department. BACKGROUND Council received correspondence from Jo Pillifeant, from ACT Whitsundays, regarding a recycling program the group would like to introduce to the region. ACT Whitsundays is a small group of people interested in promoting recycling activities. REPORT The proposed program focuses on items considered to be hard to recycle and include the following streams: Oral Care packaging recycling - accepted waste: Any brand of used toothpaste tubes, toothbrushes, plastic toothbrush packaging, interdental brushes, wisps, pumps, stand up toothpaste bottles and any kind of non-electric toothbrush or toothpaste tube and all affiliated non-recyclable packaging. Skin Care Packaging – accepted waste: used lipstick and lip gloss, mascara, eye shadow, bronzer, foundation, eyeliner, eye shadow, lip liner, and concealer packaging, used shampoo and conditioner bottles and caps, hair gel tubes and caps, hair spray and hair treatment packaging, lip balm, face moisturiser, face and body wash soap dispensers and tubes, body and hand lotion dispensers and tubes and shaving foam packaging. Cleaner Packaging program - accepted waste: hand wash pumps, body wash pumps, beauty product pumps, cleaning product triggers, laundry liquid taps, dish tabs plastic bags, beauty product tubes and face wipes packaging. Coffee capsule recycling - accepted waste: NESCAFÉ Dolce Gusto Capsule and Nespresso Coffee Capsules Mail satchel recycling - accepted waste: Australia Post Prepaid Mailing Satchels & Padded Mailing Satchels. ACT Whitsundays has suggested the Whitsunday Regional Council libraries at Cannonvale and Proserpine as potential sites. The Library Team Leaders are concerned that the positioning of collection bins near the libraries may attract vermin and other pests as people often use bins for the disposal of rubbish other than what is intended. Lifeline bins were cited as an example. Council may identify other locations that would be less impacted or encourage approaches to commercial operations such as service stations. If the program was considered, it would need to be included as part of Council’s overall waste management strategy. STATUTORY MATTERS N/A This is page 89 of the Agenda of Council’s Ordinary Meeting to be held on 13 July 2016 CORPORATE PLAN REFERENCE People Objective: Our region is active, healthy, safe and resilient. OPERATIONAL PLAN REFERENCE People Strategies 3. Implement, enforce and review community health regulations and standards and deliver a timely and effective response to emerging health issues. BUDGET REFERENCE N/A CONSULTATION Rod Cousins - Regional Sports & Recreation Officer (Author) Julie Wright – Manager of Health & Environment ATTACHMENTS Appendix Item 1 – Email from Jo Pillifeant, ACT Whitsunday, regarding a recycling program at libraries. This is page 90 of the Agenda of Council’s Ordinary Meeting to be held on 13 July 2016 Appendix Item 1 – Email from Jo Pillifeant, ACT Whitsunday, regarding a recycling program at libraries. This is page 91 of the Agenda of Council’s Ordinary Meeting to be held on 13 July 2016 This is page 92 of the Agenda of Council’s Ordinary Meeting to be held on 13 July 2016 13. Community and Environment 13.7 CLIMATE CHANGE POLICY AND CLIMATE CHANGE STRATEGY ADAPTATION RECOMMENDATION That Council: a) Approve the draft Whitsunday Regional Council Climate Change Policy; and b) Approve the draft Climate Adaptation Strategy 2016-2020. The following report has been submitted for inclusion in Council's Ordinary Meeting to be held on 13 July 2016 by Council's Community and Environment Department. BACKGROUND Whitsunday Regional Council agreed to be a member of the Coastal Councils Adaptation Taskforce (C-CAT) in 2014. As a member of the group, WRC undertook a governance analysis to establish a baseline of current capability (Adaptation Governance Assessment). Whitsunday Regional Council scored poorly in relation to governance, with the assessment identifying priority areas for improving integration of adaptation. Funding is currently available through LGAQ’s Q-Coast program for Queensland Coastal Councils to obtain funding for the development of a Coastal Hazard Adaptation Strategy (CHAS). The provision of funds from the program would enable Council to develop a CHAS to determine the impact of increasing climate related hazards to the community and develop adequate adaptation responses. REPORT The Natural Resources Management Unit (NRMU) has been developing the required governance arrangements for the development of a CHAS through the engagement of Climate Planning and key council internal staff (Climate Change Adaptation Working Group). This has included the development of a Draft Climate Change Adaptation Policy and Draft Climate Change Adaptation Strategy. A Climate Change Policy and Climate Change Adaptation Strategy will look to improve council’s governance around climate planning and adaptation and position Council favourably to obtain funding from LGAQ’s Q-Coast program for the development of a CHAS. The objective of the Draft Climate Change Policy is to: I. Support long term financial planning, asset management, strategic planning, emergency management and other key Council processes with consistent, timely and scientifically sound information related to climate change. II. Ensure that climate change adaptation is a core component of planning for a more resilient Whitsunday Region and is therefore mainstreamed into council’s functions and activities. III. Ensure that Whitsunday Regional Council is well placed to benefit from economic development opportunities that may eventuate due to its proactive climate change adaptation and community resilience commitment. This is page 93 of the Agenda of Council’s Ordinary Meeting to be held on 13 July 2016 The core elements of the Draft Climate Change Adaptation Strategy include: I. Council will implement programs and initiatives that strive to improve the Whitsunday Regional Council community’s resilience and understanding of the potential impacts of climate change and maximise opportunities to communicate and consult on critical issues and changes. II. Council will strive to develop integrated representative case studies in climate change adaptation and community resilience for existing sites and greenfield development, for example using Bowen as a case study for quantifying assets and attributes exposed to climate change. III. Council’s approach to climate change adaptation recognises that a diverse range of roles and responsibilities exist across all levels of Australian governments with regard to climate change adaptation. As such, the policy guidelines will be created to help determine Council’s most relevant responses. The guidelines will contain specific actions and procedures to guide staff and Councillors. IV. Council recognises the importance and validity of the Intergovernmental Panel on Climate Change (IPCC) and will review Council’s actions upon the publication of new IPCC assessment reports within six months of publication. Council also recognises that global greenhouse gas emissions are at the high-end (worst case) of global projections and as such, Council will use where practical, the top two global Representative Concentration Pathways (RCPs) during decision-making (these currently being RCP6 and RCP8.5). These are derived from the top two global greenhouse gas (GHG) projections for warming (2.0 °C – 5.8 °C global average warming above pre-industrial levels by 2100). Where reliably available, Council will seek to utilise results for the WRC region. V. Until further studies are undertaken by the Queensland Government, WRC will use 80cm in 2100 as the sea level rise number to align with Queensland Hazard Mapping (The Queensland Government has determined that these are broadly similar to the IPCC 5th Assessment). Rainfall perturbations for flood modelling and other decision-making will be based on the Australian Rainfall and Runoff section on Climate Change Considerations (Chapter 6). STATUTORY MATTERS Sustainable Planning Act 2009 - Chapter 1 Part 2 Section 5 Sustainable Planning Policy State Interest - natural hazards, risk and resilience CORPORATE PLAN REFERENCE Governance and Leadership Objective: Our leadership partners with government, industry, business and community to deliver positive outcomes. OPERATIONAL PLAN REFERENCE Governance and Leadership Strategies This is page 94 of the Agenda of Council’s Ordinary Meeting to be held on 13 July 2016 1. Build and maintain strong, collaborative and cooperative relationships across all levels of government, business, industry and the community. 2. Identify opportunities for alignment between Council’s interests and objectives with those of Federal and State Governments. 4. Advocate Council’s interests and objectives to government, business, industry and the community. BUDGET REFERENCE N/A CONSULTATION Adam Folkers - Acting Manager Health and Environment (Author) Dan Staley – Director of Planning and Development Julie Wright – Acting Director Community & Environment Scott Tellegen – Disaster Management Coordinator Kellianne Wynne – Manager of Development Assessment Kylie Drysdale - Manager Strategic Planning Jessica Gorring - Environment Officer Yestin Hughes - Water and Waste Water Engineer - Assets and Planning ATTACHMENTS Attachment 1 - Draft Whitsunday Regional Council Climate Change Policy Attachment 2 - Draft Climate Change Adaptation Strategy 2016-2020 This is page 95 of the Agenda of Council’s Ordinary Meeting to be held on 13 July 2016 Attachment 1 - Draft Whitsunday Regional Council Climate Change Policy This is page 96 of the Agenda of Council’s Ordinary Meeting to be held on 13 July 2016 This is page 97 of the Agenda of Council’s Ordinary Meeting to be held on 13 July 2016 This is page 98 of the Agenda of Council’s Ordinary Meeting to be held on 13 July 2016 Attachment 2 - Draft Climate Change Adaptation Strategy 2016-2020 This is page 99 of the Agenda of Council’s Ordinary Meeting to be held on 13 July 2016 This is page 100 of the Agenda of Council’s Ordinary Meeting to be held on 13 July 2016 This is page 101 of the Agenda of Council’s Ordinary Meeting to be held on 13 July 2016 This is page 102 of the Agenda of Council’s Ordinary Meeting to be held on 13 July 2016 This is page 103 of the Agenda of Council’s Ordinary Meeting to be held on 13 July 2016 This is page 104 of the Agenda of Council’s Ordinary Meeting to be held on 13 July 2016 This is page 105 of the Agenda of Council’s Ordinary Meeting to be held on 13 July 2016 14. Engineering Services No agenda items for this section. This is page 106 of the Agenda of Council’s Ordinary Meeting to be held on 13 July 2016