Minutes of General Meeting - Wednesday, 17 May 2023

General Meeting Minutes 17 May 2023

13.2 Revenue Policy, Investment Policy, Application of Dividends and Tax Equivalent Payments Policy, Constrained Cash Reserves Administrative Directive, Concealed Leaks Policy and Financial Hardship Policy

Objective Reference: A7468875

Authorising Officer: Deborah Corbett-Hall, Executive Group Manager Financial Services & Chief Financial Officer

Responsible Officer: Deborah Corbett-Hall, Executive Group Manager Financial Services & Chief Financial Officer

Report Author: Katharine Bremner, Budget & Systems Manager

Michael D Wilson, Service Manager Financial Planning

Attachments: 1. FIN-017-P Revenue Policy ⇩

2. FIN-001-P Investment Policy ⇩

3. FIN-005-P Application of Dividends and Tax Equivalent Payments Policy ⇩

4. FIN-007-A Constrained Cash Reserves Administrative Directive ⇩

5. FIN-018-P Concealed Leaks Policy ⇩

6. FIN-004-P Financial Hardship Policy ⇩

Purpose

To seek adoption of the Revenue, Investment, Application of Dividends and Tax Equivalent Payments, Concealed Leaks and Financial Hardship Policies, and the noting of the Constrained Cash Reserves Administrative Directive, which have been reviewed in line with the budget development for Council’s 2023-2024 annual budget.

Background

Council reviewed the attached 2023-2024 policies and administrative directive on 16 March 2023 as part of a budget development workshop for the 2023-2024 annual budget. This followed an earlier review of the Financial Strategy and related policy positions in November and December 2022 as part of Council’s Annual Review of the Financial Strategy.

Issues

The policy intent remains unchanged for all documents as discussed and supported during the March 2023 workshop.

The Revenue Policy is reviewed annually in sufficient time to allow for the adoption of the annual budget, which is consistent with the policy.

Council’s Investment Policy outlines Council’s investment objectives, overall risk philosophy and procedures for achieving the investment goals stated in the policy. Surplus funds can either be invested or utilised to accelerate debt reduction (with possible early repayment penalties) or a combination of the two approaches.

Council receives dividends and tax equivalent payments from its commercial business activities (namely City Water and City Waste). All financial returns to Council will be applied to the provision of a community benefit.

Council continues to document its position on constrained cash reserves to demonstrate accountability and transparency to the community on cash balances that are constrained for a particular purpose.

Concealed leaks and financial hardship are two areas in which Council is committed to supporting the property owners and ratepayers of Redland City. The Concealed Leaks Policy FIN-018-P has had minor administrative amendments to enhance clarity to the reader.

Strategic Implications

Legislative Requirements

Section 193 of the Local Government Regulation 2012 requires a local government’s revenue policy to be reviewed annually and in sufficient time to allow an annual budget to be adopted for the next financial year. In accordance with section 193(1)(a) of the Local Government Regulation 2012 (Regulation), the Revenue Policy outlines the principles Council intends to apply in a financial year for:

· Levying of rates and charges

· Granting concessions for rates and charges

· Recovering overdue rates and charges

· Cost-recovery methods

Further, pursuant to sections 193(1)(b) and (c) of the Regulation, the Revenue Policy also states the purpose of the concessions, and the extent to which physical and social infrastructure costs for new development are funded by charges for the development.

Section 104(5) of the Local Government Act 2009 and section 191 of the Local Government Regulation 2012 require a Local Government to have and adopt an investment policy and a revenue policy as part of its financial management system. In accordance with section 104(6) of the Local Government Act 2009, Council reviews and updates its key financial policies at each annual budget development cycle. Under Section 191 of the Local Government Regulation 2012, an investment policy is required to outline a local government’s investment objectives and its overall risk philosophy and procedures for achieving the goals related to investment stated in the policy.

The South East Queensland Customer Water and Wastewater Code requires distributor-retailers and withdrawn councils to have a concealed leaks policy and a financial hardship policy.

Risk Management

Council’s Long Term Financial Strategy discloses risks, issues and mitigation strategies aligned to the investment of surplus funds, revenues and pricing, expenditures and cash balances influencing the reserve balances and associated movements in reserves.

Additionally, the Financial Services Group regularly reviews its risk register to ensure policies and practices are current and responsive to corporate revenue risks and that no material risks are identified with respect to managing Council’s investments.

Council reports full details of its reserve balances and movements on a monthly basis to monitor reserve usage and also provide the community with transparency.

Council receives revenue streams from its commercial business activities in accordance with the Local Government Tax Equivalents Regime and may also receive dividends and other returns from investments in associates, subordinates or other entities.

Financial

There are no direct financial impacts to Council resulting from this report although it contains revised policy positions that property owners may draw on in the future as outlined above.

The financial implications and intent contained within the attached Revenue Policy, Concealed Leaks Policy and Financial Hardship Policy have been workshopped with Councillors and the Executive Leadership Team.

The 2023-2024 Investment Policy continues to include options for investing in commercial opportunities, joint ventures, associates, and subsidiaries in the future. Prior to investment, a comprehensive analysis will be undertaken to ensure the benefits of the investment outweigh the risks and costs. The analysis will ensure any proposal for investment outside a financial institution/fund manager will maintain or improve all relevant financial ratios and measures of sustainability within the adopted Financial Strategy targets. Any investment outside of a financial institution/fund manager must also be consistent with the principles and objectives contained in Council’s Revenue and Dividend Policies.

Reserve movements are transfers in community equity and only constrain cash for particular works that feature in annual or long-term operational or capital programs.

People

Nil impact expected.

Environmental

Nil impact expected.

Social

Nil impact expected.

Human Rights

Nil impact expected.

Alignment with Council's Policy and Plans

This report and the attached documents align with Council’s Corporate Plan: Our Future Redlands – A Corporate Plan to 2026 and Beyond. In particular, the attachments underpin objective 7.4 Demonstrate good governance through transparent, accountable processes and sustainable practises and asset management.

Consultation

Consulted	Consultation Date	Comments/Actions
General Counsel Group	May 2023	Report and attachments reviewed for compliance with legislation
Finance Officers, Councillors and Executive Leadership Team	16 March 2023	2023-2024 Budget Workshop – opportunity to review and amend the policies and administrative directive
Financial Services Group Officers	March 2023	Review of current financial policies and administrative directive documents
Finance Officers, Councillors and Executive Leadership Team	10 November 2022 13 December 2022	Annual Financial Strategy Workshops – opportunity to review and amend the policies and administrative directive

Options

Option One

That Council resolves as follows:

1. To adopt the policies in Attachments 1, 2 and 3 of the report for 2023-2024:

a) FIN-017-P Revenue Policy

b) FIN-001-P Investment Policy

c) FIN-005-P Application of Dividends and Tax Equivalent Payments Policy

2. To note FIN-007-A in Attachment 4 Constrained Cash Reserves Administrative Directive.

3. To adopt the policies in Attachments 5 and 6 of the report:

a) FIN-018-P Concealed Leaks Policy

b) FIN-004-P Financial Hardship Policy

Option Two

That Council resolves to request additional information or amendments to the attached prior to adoption.

Officer's Recommendation/Council Resolution 2023/93

Moved by: Cr Peter Mitchell

Seconded by: Cr Rowanne McKenzie

That Council resolves as follows:

1. To adopt the policies in Attachments 1, 2 and 3 of the report for 2023-2024:

a) FIN-017-P Revenue Policy

b) FIN-001-P Investment Policy

c) FIN-005-P Application of Dividends and Tax Equivalent Payments Policy

2. To note FIN-007-A in Attachment 4 Constrained Cash Reserves Administrative Directive.

3. To adopt the policies in Attachments 5 and 6 of the report:

a) FIN-018-P Concealed Leaks Policy

b) FIN-004-P Financial Hardship Policy

Carried 10/0

Crs Karen Williams, Wendy Boglary, Peter Mitchell, Paul Gollè, Mark Edwards, Julie Talty, Rowanne McKenzie, Tracey Huges, Adelia Berridge and Paul Bishop voted FOR the motion.

Cr Lance Hewlett was not present when the motion was put.

General Meeting Minutes 17 May 2023

13.4 Making Amending Subordinate Local Law No. 1 (Subordinate Local Law No. 2 (Animal Management) 2015) 2023

Objective Reference: A7214795

Authorising Officer: Amanda Pafumi, General Manager Organisational Services

Responsible Officer: Tony Beynon, Group Manager Corporate Governance

Report Author: Kristene Viller, Service Manager Ethics & Integrity

Attachments: 1. Amending Subordinate Local Law No.1 (Subordinate Local Law No. 2 (Animal Management) 2015) 2023 ⇩

2. Subordinate Local Law No.2 (Animal Management) 2015 ⇩

3. Community Consultation Submission Review ⇩

Purpose

To present the results of the community consultation process that was undertaken for Subordinate Local Law No. 2 (Animal Management) 2015 and to proceed with the making of Amending Subordinate Local Law No. 1 (Subordinate Local Law No. 2 (Animal Management) 2015) 2023.

Background

At the General Meeting on 16 November 2022, Council resolved to undertake a community consultation on proposed changes to Subordinate Local Law No. 2 (Animal Management) 2015. The proposed changes will allow for an increase in the number of dogs from two to four without the requirement for an approval on properties greater than 10,000m² where there is more than one lawful, occupied, self-contained dwelling.

In Redland City, there are 1437 properties that are greater than 10,000m², of which 61 properties currently meet the criteria of having more than one lawful, occupied, self-contained dwelling.

There are 905 dogs currently registered to properties greater than 10,000m², with the number of dogs registered as per Table 1.

Table 1

Property Type	Number of dogs registered
Residential Care Properties (excluded from proposed amendment)	156 dogs
Mobile Home Parks (excluded from proposed amendment)	20 dogs
Residential Properties (10 properties with a 3 dog approval)	30 dogs
Residential Properties (171 properties with 2 dogs)	342 dogs
Residential Properties (357 properties with 1 dog)	357 dogs

Of the 61 properties that have more than one lawful, self-contained dwelling, 29 of these properties have registered dogs (48%).

Table 2

Property	Number of dogs registered	Total number of dogs
3 Properties	3 dog approval	9 dogs
7 Properties	2 dogs registered	14 dogs
19 Properties	1 dog registered	19 dogs
		42 dogs

Issues

State Interest Check

Section 29A of the Local Government Act 2009 does not require state interest checks to be undertaken on subordinate local laws.

Anti-competitive Review

The Local Government Act 2009 (Act) requires that any subordinate local law made with anti-competitive provisions is to comply with the procedures prescribed under a regulation for the review of the anti-competitive provisions.

The Local Government Regulation 2012 (Regulation) provides that the procedure to review anti-competitive provisions is set out in the National Competition Policy Guidelines for conducting reviews on anti-competitive provisions in local laws (the Guidelines).

Review of Subordinate Local Law No. 2 (Animal Management) 2015 found that no anti-competitive provisions were present.

Community Consultation

Community consultation was undertaken on Subordinate Local Law No. 2 (Animal Management) 2015 between 21 November 2022 and 11 December 2022. A total of 425 submissions were received with 413 being properly made.

The IAP2 Public Participation spectrum is designed to assist with selecting the level of participation that defines the public’s role in any community engagement program. This community engagement was conducted at the ‘consult’ level of participation with the goal being to allow the public opportunity to provide feedback on the proposed changes that would be incorporated into a final report used to support the recommendations.

To encourage participation across all stakeholder groups, a variety of feedback mechanisms were provided, including online (through the Your Say page), in person at Council customer service centres and via email to the corporate email address. Awareness and participation from the community was strong from commencement. The percentage of visitors who completed the survey was very high at 32% (three times the completion rate typically seen), indicating how highly engaged/invested participants were in the outcome.

The outcome of the city-wide community consultation reflected 160 (38%) submissions in support of the proposal and 253 (62%) opposed the proposal.

Considering Submissions

It is appropriate to consider the context, evidence base and impacts of the matters raised in the submissions to allow for understanding of the various grounds of support or opposition to the proposed amendment. The information provided below in this report is designed to help with considering relevant matters that should form the rationale on any decision to proceed or not with a local law amendment.

Based on the submissions received, the following matters are considered relevant to the decision to proceed with amending the local law or not:

· Current property and animal data associated with the proposed local law amendment

· Planning instruments and how they may change the current numbers of properties eligible for additional dogs

· Scientific and evidence base in regards the impact of dogs on wildlife, including koalas

· The benefits of dog ownership to people

· Regulatory requirements or mitigation options for containing dogs on properties.

Property and Animal Data

As noted in the background section of this report, the proposed amendment will potentially affect 1437 properties that have an area of 10,000m² or more. Based on the wording in the proposed amendment to facilitate for up to four dogs on properties over 10,000m², the number of properties would exclude those used for purposes such as Residential Care Facilities and Mobile Home Parks.

The amendment relates to properties that have lawfully constructed dwelling houses which are self-contained and occupied, in the circumstance where there is a second such dwelling. Council’s records indicate there are currently 61 of the 1437 eligible properties that have a lawfully constructed self-contained second dwelling. This represents approximately 4.25% of eligible properties and approximately 0.1% of all properties in Redland City.

Council currently registers approximately 29,750 dogs in the City. Of these, 905 dogs are currently registered to properties over 10,000m², which represents 3% of registered dogs city wide.

Noting Table 1 above, should all of the current eligible properties (being 61 with an approved second dwellings) elect to have four dogs, this would result in about 200 extra dogs. It is unlikely that all eligible properties would elect to have four dogs so the increased number of dogs will be smaller.

The above information is based on current data. It is acknowledged that these numbers may change should additional properties obtain approval for second dwellings.

Second Dwellings

Second dwellings on a property are regulated by relevant planning laws, including the Planning Regulation 2017 and Council’s City Plan. Second dwellings are generally as a result of a property owner constructing a dual occupancy (or duplex) or a secondary dwelling (or often referred to as a granny flat or relative’s apartment)

A dual occupancy in the Rural zone (which is the zone typically representative of properties over 10,000m²) is impact assessable and assessed against the entire planning scheme and would be subject to public notification. A dual occupancy is considered prohibited development under the Planning Regulation 2017, if located in the South East Queensland Regional Landscape and Rural Production area and on separate lots that share common property.

A secondary dwelling, is considered a dwelling house and is accepted development in the Rural zone. A secondary dwelling is an extension of a dwelling house use and can be attached or detached. There is no specific size limit, however it must be subordinate to the primary dwelling on the property. A secondary dwelling would typically share the same waste bins and connections such as electricity, water, sewer.

An amendment to the Planning Regulation 2017 came into effect on 26 September 2022 in respect to secondary dwellings. This amendment removed the restrictions on how members of a household live together which now enables a secondary dwelling to become a rentable dwelling regardless of whether they are related to the occupants of the primary dwelling.

The proposed amendment to the local law makes it clear that four dogs may only be kept where there is a lawful and occupied second dwelling on the property.

Wildlife and Dogs

An important consideration in respect to the proposed increase in dogs allowed on properties with an area greater than 10,000m², is the impact that additional dogs may have on wildlife.

It is well established that dogs can kill a range of other animals, such as birds, reptiles and mammals, some of which may be native wildlife and some of which would be considered introduced species or pests.

It is also well established that the biggest threats to most wildlife species are habitat loss, vehicle strikes and disease, with predation by domestic animals including dogs representing a smaller threat. As an example, within the Redlands, data indicates that dogs represent the smallest threat to koalas with disease by far the biggest risk, followed by vehicles.

Actions addressing the impacts on wildlife and dogs have shown to be effective. Such actions generally revolve around scientific understanding of local wildlife populations and movements, as well as community education and engagement programs around responsible dog ownership and measures that can be undertaken to reduce domestic animal impacts on wildlife.

An example of such action includes Council’s partnership in the current Leave-It program targeting dog owners through train the trainer of dog obedience school operators. The program integrates the teaching of owners and dogs about how to avoid detrimental impacts on wildlife. The program is fundamentally seeking to change community attitudes towards demonstrating responsible dog ownership includes mitigating risk to wildlife through awareness of physical measures such as enclosures but importantly training dogs to avoid predation of wildlife.

The impact of dogs on wildlife is a valid consideration in regard to the proposed amendment to the local law and any decision must consider how the risk to native wildlife can be mitigated.

Dog Ownership

Owning a dog has many benefits for dog owners such as companionship, an active lifestyle and opportunities for sharing a mutual interest with others. Owning a dog also has significant responsibilities in ensuring proper care and control of a dog to avoid impacts on others through issues such as barking and roaming.

Submissions were made in regard the benefits and responsibilities of dog ownership. It is considered that these submissions outline the values which individuals may hold in respect the ability for property owners to keep companion animals.

The proposed amendment to the local law is fundamentally about providing an opportunity for properties where there are two lawfully occupied dwellings to keep more than two dogs. In general, where there are two lawfully occupied dwellings this represents two separate households, both of which may want to keep dogs as companion pets.

The proposed amendment to the local law is also specifically targeted to properties over 10,000 m² so that additional dogs will be unlikely to negatively impact on adjoining properties given larger separation between neighbours.

Dog Enclosures and Enforcement

Of the 29 properties over 10,000m² with registered dogs, four properties have received complaints in relation to dog ownership. The complaints have been unrelated to wildlife.

Local Law 2 (Animal Management) 2015 and the Animal Management (Cats and Dogs) Act 2008 requires dog owners to take reasonable steps to ensure their dog does not attack or act in a way that causes fear to someone else or another animal, in addition to ensuring the dog is contained within an adequate enclosure and exercised on lead whilst in a public place.

To ensure the protection of wildlife, in particular koalas, Local Law 2 (Animal Management) 2015 provides increased measures to ensure the safety of koalas by imposing additional responsibilities on dog owners. All dog owners must provide a structure that facilitates the escape of koalas from the property and if a koala is detected on the property the dog must be restrained and contained until the koala has left the property.

Further, a person who resides in a designated koala conservation area with a property having an area of more than 2,000m² must:

· Construct and maintain a koala area enclosure (2,000m² or less) and confine dogs to the enclosure; or

· Between sunset and sunrise tether the dog by a leash or chain; or

· Between sunset and sunrise confine the dog to a suitable enclosure that prevents a koala entering the enclosure.

It is possible to regulate a consistent and effective level of dog control on properties greater than 10,000m² that have a lawful second self-contained dwelling, by requiring a dog enclosure. If the enclosure is unable to contain the dogs for both lawful dwellings, each dwelling must have its own dog enclosure. Dog enclosure/s must not exceed a total of 2,000m² in combination.

Discussion

As noted earlier in this report, 253 submissions were opposed to the proposed local law amendment with 156 of the submissions referencing the impact to wildlife as being the main concern, predominately the impact to koalas, followed by 46 submissions referencing a potential increase in issues with noise, welfare concerns and pack behaviour from increased dogs.

Whilst the majority of submissions (62%) were opposed to the amendment, Council’s Local Law 2 (Animal Management) 2015 provides provision to mitigate the risks to wildlife in relation to the 61 properties that are greater than 10,000m² that have more than one lawful, occupied, self-contained dwelling. This is further enhanced by the current wildlife educational initiatives, including behaviour change methodologies targeting koala aversion techniques for dogs and dog owners.

Council also conducts regular Systematic Inspection Programs (SIPs) which are designed to check the presence of dogs on properties to ensure dogs are registered and are kept in appropriate enclosures. These SIPs are very effective in allowing Council to manage the keeping of dogs on properties, through primarily education but also enforcement measures.

The delivery of these types of initiatives, including SIPs and community educational programs, will continue to increase awareness around responsible dog ownership in the community. These initiatives, supported by the current Local Law obligations for keeping dogs provide measures to mitigate against the impacts of dogs on both wildlife and nuisance to other people.

It is acknowledged that the keeping of dogs can impact on wildlife and other people should effective measures not be in place and accompanied by adequate enforcement.

However, on balance, given the small number of properties and small number of additional dogs likely to result with the proposed amendment to the local law, the negative impacts are considered manageable providing:

· Proactive initiatives such as SIPs and educational activities are in place to continue improved awareness and compliance of dog owners, particularly those initiatives with a focus on properties with identified wildlife values.

· Studies provide contemporary data to support ongoing understanding of the impacts of dogs on wildlife, particularly threatened wildlife such as koalas.

· Ongoing review of local law provisions, based on an evidence-based approach, is undertaken as a result of information that may emerge associated with the above ongoing proactive initiatives and studies.

Therefore, it is recommended that Council proceeds with the increase in dog numbers for properties greater than 10,000m² with more than one lawful, occupied, self-contained dwelling from two to four without the requirement for an approval.

The detailed results of the community consultation are outlined in the Community Consultation Submission review attached to this report (Attachment 3).

Local Law Implementation

Should Council make the Subordinate Local Law attached to this report, notice must be given to the public within one month, through publication in the Queensland Government Gazette and on Council’s website. The law comes into effect on either the date published in the gazette or a date nominated by Council in the subordinate local law.

Strategic Implications

Legislative Requirements

The risks associated with amending the subordinate local law were managed by:

a) Ensuring the process to amend the subordinate local law is in accordance with legislative standards and the adopted Redland City Council Local Law Making Process.

b) Comprehensive internal stakeholder engagement to ensure the subordinate local law will promote effective governance to the community.

c) Review of the identified anti-competitive provisions identified and adhering to the National Competition Policy Guidelines.

Financial

The costs of drafting the Subordinate Local Law and publications are funded through existing budget allocations within the Strategy and Governance Unit.

The cost of enforcing any amended local law provisions will be absorbed by the Compliance Services Unit. Council undertakes a range of targeted studies and education programs on a rolling basis as part of the business as usual budget for the Koala Conservation Program and Environmental Education Program within the Environment and Education Unit.

People

The Subordinate Local Law will have impacts for the Animal Management Team resource levels, it is anticipated this will be absorbed into current budget allocations.

Environmental

Potential impacts to wildlife have been identified throughout the community consultation. These impacts have been discussed in the issues earlier in the report.

Social

Local Government provides for the good governance of the local government area through its local laws. The subordinate local law attached to this report has the potential to impact members of the Redlands Coast community.

The community was provided the opportunity to provide feedback on the changes as part of the community consultation. The feedback received is summarised in the Community Consultation Submission Review (Attachment 3).

Human Rights

There are no Human Rights implications from the amendments to the Subordinate Local Laws attached to this report.

Alignment with Council's Policy and Plans

The process for making the proposed Subordinate Local Laws is in accordance with Council’s adopted practice for making local laws.

This process is in keeping with Council’s Corporate Plan Goal, Strong Communities – Laws and Regulations.

Consultation

Consulted	Consultation Date	Comments/Actions
Group Manager Environment and Regulation	December 2022	Review final report and approve.
Group Manager Corporate Governance	December 2022	Review final report and approve.
Service Manager Compliance Services	November – December 2022	Review of community consultation results.
Senior Adviser Community Engagement	November – December 2022	Conducted community consultation and provided results.
Service Manager Ethics and Integrity	November – December 2022	Review consultation results, prepared community consultation report and drafted local law and amending instrument.

Options

Option One

That, in accordance with Council’s Local Law Making Process adopted on 20 March 2019, pursuant to section 29 of the Local Government Act 2009, Council resolves as follows:

1. To receive and note the Community Consultation Submission Review (Attachment 3) and to implement the recommendation of this report.

2. To proceed:

a) As advertised with the making of Amending Subordinate Local Law No. 1 (Subordinate Local Law No. 2 (Animal Management) 2015) 2023.

b) To make Amending Subordinate Local Law No. 1 (Subordinate Local Law No. 2 (Animal Management) 2015) 2023 (Attachment 1).

c) To adopt the consolidated version of Subordinate Local Law No. 2 (Animal Management) 2015 (Attachment 2).

d) To give notice of the making of Amending Subordinate Local Law No. 1 (Subordinate Local Law No. 2 (Animal Management) 2015) 2023 by publication in the Queensland Government Gazette.

3. To authorise the Chief Executive Officer to make any necessary administrative and formatting amendments prior to gazettal.

Option Two

That, in accordance with Council’s Local Law Making Process adopted on 20 March 2019, pursuant to section 29 of the Local Government Act 2009, Council resolves as follows:

1. To receive and note the Community Consultation Submission Review (Attachment 3) and to implement the recommendation of this report.

2. To not make Amending Subordinate Local Law No. 1 (Subordinate Local Law No. 2 (Animal Management) 2015) 2023.

Officer's Recommendation/Council Resolution 2023/95

Moved by: Cr Julie Talty

Seconded by: Cr Rowanne McKenzie

That, in accordance with Council’s Local Law Making Process adopted on 20 March 2019, pursuant to section 29 of the Local Government Act 2009, Council resolves as follows:

1. To receive and note the Community Consultation Submission Review (Attachment 3) and to implement the recommendation of this report.

2. To proceed:

a) As advertised with the making of Amending Subordinate Local Law No. 1 (Subordinate Local Law No. 2 (Animal Management) 2015) 2023.

b) To make Amending Subordinate Local Law No. 1 (Subordinate Local Law No. 2 (Animal Management) 2015) 2023 (Attachment 1).

c) To adopt the consolidated version of Subordinate Local Law No. 2 (Animal Management) 2015 (Attachment 2).

d) To give notice of the making of Amending Subordinate Local Law No. 1 (Subordinate Local Law No. 2 (Animal Management) 2015) 2023 by publication in the Queensland Government Gazette.

3. To authorise the Chief Executive Officer to make any necessary administrative and formatting amendments prior to gazettal.

lost 5/6

Crs Karen Williams, Peter Mitchell, Mark Edwards, Julie Talty and Rowanne McKenzie voted FOR the motion.

Crs Wendy Boglary, Paul Gollè, Lance Hewlett, Tracey Huges, Adelia Berridge and Paul Bishop voted AGAINST the motion.

General Meeting Minutes 17 May 2023

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Report: Making Amending Subordinate Local Law No. 1 (Subordinate Local Law No. 2 (Animal Management) 2015) 2023

Attachment: Subordinate Local Law No.2 (Animal Management) 2015

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Report: Making Amending Subordinate Local Law No. 1 (Subordinate Local Law No. 2 (Animal Management) 2015) 2023

Attachment: Subordinate Local Law No.2 (Animal Management) 2015

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Report: Making Amending Subordinate Local Law No. 1 (Subordinate Local Law No. 2 (Animal Management) 2015) 2023

Attachment: Subordinate Local Law No.2 (Animal Management) 2015

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Report: Making Amending Subordinate Local Law No. 1 (Subordinate Local Law No. 2 (Animal Management) 2015) 2023

Attachment: Subordinate Local Law No.2 (Animal Management) 2015

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Report: Making Amending Subordinate Local Law No. 1 (Subordinate Local Law No. 2 (Animal Management) 2015) 2023

Attachment: Subordinate Local Law No.2 (Animal Management) 2015

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Report: Making Amending Subordinate Local Law No. 1 (Subordinate Local Law No. 2 (Animal Management) 2015) 2023

Attachment: Subordinate Local Law No.2 (Animal Management) 2015

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Report: Making Amending Subordinate Local Law No. 1 (Subordinate Local Law No. 2 (Animal Management) 2015) 2023

Attachment: Subordinate Local Law No.2 (Animal Management) 2015

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Report: Making Amending Subordinate Local Law No. 1 (Subordinate Local Law No. 2 (Animal Management) 2015) 2023

Attachment: Subordinate Local Law No.2 (Animal Management) 2015

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Report: Making Amending Subordinate Local Law No. 1 (Subordinate Local Law No. 2 (Animal Management) 2015) 2023

Attachment: Subordinate Local Law No.2 (Animal Management) 2015

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Report: Making Amending Subordinate Local Law No. 1 (Subordinate Local Law No. 2 (Animal Management) 2015) 2023

Attachment: Subordinate Local Law No.2 (Animal Management) 2015

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Report: Making Amending Subordinate Local Law No. 1 (Subordinate Local Law No. 2 (Animal Management) 2015) 2023

Attachment: Subordinate Local Law No.2 (Animal Management) 2015

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Report: Making Amending Subordinate Local Law No. 1 (Subordinate Local Law No. 2 (Animal Management) 2015) 2023

Attachment: Subordinate Local Law No.2 (Animal Management) 2015

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Report: Making Amending Subordinate Local Law No. 1 (Subordinate Local Law No. 2 (Animal Management) 2015) 2023

Attachment: Subordinate Local Law No.2 (Animal Management) 2015

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Report: Making Amending Subordinate Local Law No. 1 (Subordinate Local Law No. 2 (Animal Management) 2015) 2023

Attachment: Subordinate Local Law No.2 (Animal Management) 2015

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Report: Making Amending Subordinate Local Law No. 1 (Subordinate Local Law No. 2 (Animal Management) 2015) 2023

Attachment: Subordinate Local Law No.2 (Animal Management) 2015

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Report: Making Amending Subordinate Local Law No. 1 (Subordinate Local Law No. 2 (Animal Management) 2015) 2023

Attachment: Subordinate Local Law No.2 (Animal Management) 2015

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Report: Making Amending Subordinate Local Law No. 1 (Subordinate Local Law No. 2 (Animal Management) 2015) 2023

Attachment: Subordinate Local Law No.2 (Animal Management) 2015

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General Meeting Minutes 17 May 2023

15 Reports from Community & Customer Services

15.1 RAL22/0072 Reconfiguring a Lot One into Six at 17 Beveridge Road Thornlands

Objective Reference: A7436507

Authorising Officer: Louise Rusan, General Manager Community & Customer Services

Responsible Officer: David Jeanes, Group Manager City Planning & Assessment

Report Author: Daniel Manathunga, Planning Officer

Attachments: 1. Plan of Subdivision ⇩

2. Site and Locality Plan ⇩

3. Noise Impact Assessment ⇩

4. Civil Engineering Plans ⇩

5. Site Based Stormwater Management ⇩

6. Flood Impact Assessment Report ⇩

7. Bushfire Report ⇩

8. Development Conditions ⇩

Purpose

To decide this application seeking a development permit for reconfiguring a lot. This matter has been referred to a General Meeting of Council for determination at the request of the Divisional Councillor.

Background

Council has received an application on land at 17 Beveridge Road, Thornlands seeking a development permit for reconfiguring a lot one into six (refer to proposed plan within Attachment 1).

The owner of the property and applicant is Jabr No. 2 Pty Ltd care of Bespoke P&D.

The application should be decided by 17 May 2023 in accordance with the Planning Act 2016 (PAct). Should the decision not be made by that date the application may seek a deemed approval.

The assessment of the application has occurred in line with the assessment framework outlined in the PAct. The key issues identified in the assessment are:

· Lot size and density

· Amenity

· Sewer strategy

· Stormwater management

· Interface and earthworks

· Flood prone

· Road widening

· Bushfire

· Vegetation

· Waste management.

Issues

Proposal

A summary of the development and proposal plan are provided below (Table 1 and Figure 1).

Proposed Lot Number	Summary
Proposed Lot 1	· Lot size 1836m² (including easement A 298m²) · Retain existing dwelling house and domestic outbuildings · Retention of existing habitat
Proposed Lot 2-4	· Lot size 800m² (including easement B-E 120m²) · Building envelope area approximately 422m² · Private sewer pipe and pump into sewer main · Access via internal driveway
Proposed Lot 5	· Lot size 881m² (including part lot 2m²) · Building envelope area approximately 482m² · Private sewer pipe and pump into sewer main · Access via internal driveway
Proposed Lot 6	· Lot size 964m² (including part lot 2m²) · Building envelope area approximately 323m² · Private sewer pipe and pump into sewer main · Access via internal driveway
Overall summary	· Average lot size 1000m² · Site coverage- 40% · Body corporate for all internal infrastructure such as sewer, driveway and stormwater system

Table 1: Summary of development

Diagram

Description automatically generated

Figure 1: Proposal plan

Change to the application

The applicant submitted a change to the application under section 52 of the PAct. The change involved removal of the operational works application aspect of the development and imposition of an acoustic barrier along the northern site boundary.

The change is considered to be a ‘minor change’ as defined in schedule 2 of the PAct and responds to Council’s information request in relation to sewer, stormwater strategy and noise considerations.

Site & Locality

The 6000m²subject site includes one freehold lot described as Lot 17 on RP825931 at 17 Beveridge Road, Thornlands and is currently improved by a single detached dwelling and domestic outbuildings (refer to Attachment 2).

The existing topography of the site falls away from Beveridge Road from 8.5m Australian Height Datum (AHD) to 5m AHD in the south-east corner of the site. Vegetation onsite is limited to a small canopy area along the road frontage of Beveridge Road with predominantly turfed areas over the balance of the site. A single street tree is located in the north-east corner of the road frontage, which is proposed to be retained.

As depicted below in Figure 2, the site is located along the southern side of Beveridge Road within the low density residential zone (LDR) LDR2: park residential precinct. The subject site is located between the Faith Lutheran College (community facilities CF3 – educational establishment) and Champions Church (community facilities CF5 – place of worship). Adjacent the site is neighbourhood centre, low-medium (LMDR1) and medium density residential (MDR6) zoned land within the South East Thornlands Precinct.

The broader locality is characterised by a mix of densities and land uses, predominantly a mix of low-rise building forms including townhouses, childcare centre, educational establishment, and place of worship. A medium-rise apartment building is approved at 35 Beveridge Road at the intersection of Rachow Street and Beveridge Road (MCU21/0168).

Diagram

Description automatically generated

A picture containing apartment building

Description automatically generated

Figure 2: site and locality- zoning (left) and aerial (right)

Assessment Framework

The application has been made in accordance with the Planning Act Development Assessment Rules and constitutes a code assessable application for reconfiguring a lot under the City Plan.

In accordance with section 45 of the PAct:

‘(3) A code assessment is an assessment that must be carried out only—

(a) against the assessment benchmarks in a categorising instrument for the development; and

(b) having regard to any matters prescribed by regulation for this paragraph.

(6) Subsections (7) and (8) apply if an assessment manager is, under subsection (3) or (5), assessing a development application against or having regard to—

(a) a statutory instrument; or

(b) another document applied, adopted or incorporated (with or without changes) in a statutory instrument.

(7) The assessment manager must assess the development application against or having regard to the statutory instrument, or other document, as in effect when the development application was properly made.

(8) However, the assessment manager may give the weight the assessment manager considers is appropriate, in the circumstances, to—

(a) if the statutory instrument or other document is amended or replaced after the development application is properly made but before it is decided by the assessment manager—the amended or replacement instrument or document; or

(b) another statutory instrument—

(i) that comes into effect after the development application is properly made but before it is decided by the assessment manager; and

(ii) that the assessment manager would have been required to assess, or could have assessed, the development application against, or having regard to, if the instrument had been in effect when the application was properly made.

Section 27 of the Planning Regulation 2017, relevantly, identifies that:

‘(1) For section 45(3)(b) of the Act, the code assessment must be carried out having regard to—

(a) the matters stated in schedules 9 and 10 for the development; and

(c) if the prescribed assessment manager is a person other than the chief executive or the local government—the planning scheme; and

(d) if the prescribed assessment manager is a person other than the chief executive—

(i) the regional plan for a region, to the extent the regional plan is not identified in the planning scheme as being appropriately integrated in the planning scheme; and

(ii) the State Planning Policy, to the extent the State Planning Policy is not identified in the planning scheme as being appropriately integrated in the planning scheme; and

(iii) for designated premises—the designation for the premises; and

(e) any temporary State planning policy applying to the premises; and

(f) any development approval for, and any lawful use of, the premises or adjacent premises; and

(g) the common material.

(2) However—

(a) an assessment manager may, in assessing development requiring code assessment, consider a matter mentioned in subsection (1) only to the extent the assessment manager considers the matter is relevant to the development; and

(b) if an assessment manager is required to carry out code assessment against assessment benchmarks in an instrument stated in subsection (1), this section does not require the assessment manager to also have regard to the assessment benchmarks.’

common material, for a development application, means—

(a) all the material about the application that the assessment manager receives before the application is decided, including—

(i) any material relating to a proposed development application that is substantially similar to the development application as made; and

(ii) any material attached to, or given with, the development application; and

(iii) any material relating to the application given to the assessment manager after the application is made; and

(iv) any referral agency’s response, including any advice or comment given by a referral agency and any response given under section 57 of the Act; and

(v) any properly made submissions about the application, other than a submission that is withdrawn; and

(vi) any other submission about the application that the assessment manager has accepted; and

(vii) any other advice or comment about the application that a person gives to the assessment manager; and

(b) if a development approval for the development is in effect—the approval; and

(c) an infrastructure agreement applying to the premises.

Pursuant to section 45(3) of the PAct, the application was assessed against the following applicable assessment benchmarks.

· City Plan Version 6:

o Low density residential zone code - LDR2 precinct

o Reconfiguring a lot code

o Healthy waters code

o Infrastructure works code

o Landscape code

o Transport, servicing, access and parking code

o Bushfire hazard overlay code

o Environmental significance overlay code

o Flood and storm tide hazard overlay code

· State Planning Policy 2017, Part E

· South East Queensland Regional Plan 2017

· Planning Regulation 2017, Schedule 11

· Local Government Infrastructure Plan.

Pursuant to section 45(5) of the PAct, Council had regard to the following matters in its assessment of the application:

· Common material, including written submissions accepted by the Assessment Manager

· City Plan Version 9.

Comments Received

External comments received

Council has received comments that form part of the common material to the application. Council had regard to this information in the assessment of the application, as outlined below.

A not properly made submission was accepted, which raised concern with reverse amenity impacts to the future development of the place of worship on the adjoining lot (21-29 Beveridge Road, Thornlands).

Internal comments received

The application was referred to the Divisional Councillor in accordance with standard procedure.

The assessment manager has received assessment advice from the following Council teams/ officers:

· Engineering assessment

· Environmental assessment

· Landscaping

· Arborist

· Strategic planning

· Health and environment

· Infrastructure charges

· Development control

· City assets.

The assessment advice received has been considered by the assessment manager in assessing the development application.

Decision Making Rules

Section 60 of the PAct states that:

‘(2) To the extent the application involves development that requires code assessment, and subject to section 62, the assessment manager, after carrying out the assessment—

(a) must decide to approve the application to the extent the development complies with all of the assessment benchmarks for the development; and

(b) may decide to approve the application even if the development does not comply with some of the assessment benchmarks; and

Examples—

1 An assessment manager may approve an application for development that does not comply with some of the benchmarks if the decision resolves a conflict between the benchmarks.

2 An assessment manager may approve an application for development that does not comply with some of the benchmarks if the decision resolves a conflict between the benchmarks and a referral agency’s response.

(c) may impose development conditions on an approval; and

(d) may, to the extent the development does not comply with some or all the assessment benchmarks, decide to refuse the application only if compliance cannot be achieved by imposing development conditions.

Example of a development condition—

A development condition that affects the way the development is carried out, or the management of uses or works that are the natural and ordinary consequence of the development, but does not have the effect of changing the type of development applied for.’

(5) The assessment manager may give a preliminary approval for all or part of the development application, even though the development application sought a development permit.

(6) If an assessment manager approves only part of a development application, the rest is taken to be refused.

Application Assessment

Background to inclusion in low density residential zone (LDR2 – park residential precinct)

The inclusion of the subject land in the LDR zone (LDR2 Park residential precinct) was carried forward from previous planning schemes (Transitional Planning Scheme, Redland Planning Scheme and City Plan). The zoning is representative of the existing lot size of 6000m², historical semi-rural character and existing un-sewered dwelling house on large allotment.

When the South East Thornlands Structure Plan was adopted in 2010, the subject site including school/place of worship was outside the emerging community zone under the Redland Planning Scheme (RPS) and outside the Major Development Area under the SEQ Regional Plan 2005-2026. This meant that the immediate locality has substantially changed from a unsewered semi-rural locality to now include a mix of low to medium residential development with sewer reticulation.

Lot size and density

Performance outcome PO20 of the LDR zone code states:

PO20
‘Reconfiguration maintains the low density large lot, semi-rural or bushland character of precinct LDR1 large lot or precinct LDR2 park residential and avoids further fragmentation of land. Lots less than 2,000m² in precinct LDR1 large lot and 6,000m² in precinct LDR2 park residential are not created.

In precinct LDR2 park residential, a transition in density is retained between urban residential and rural parts of the Redlands.’

The proposed reconfiguration seeks lots that are less than 6000m², proposing lots between 800-1386m², which is not compliant with performance outcome PO20 of the zone code. However, that does not mean that the development application should be refused. It requires that an assessment be undertaken against the relevant overall outcomes in the code. The following overall outcome of the zone code relevantly states:

(b) Precinct LDR2: park residential:

(i) the precinct retains a semi-rural, bushland character, providing a transition between urban and rural land uses;

(ii) retention of habitat within the precinct is maximised;

(iii) housing forms are limited to dwelling houses, and

(iv) lot sizes are not reduced below 6,000m², unless the resultant lots are consistent with the density and character of the surrounding established neighbourhood.

Surrounding established neighbourhood is not defined within City Plan however in the context of the subject site includes development interfacing with the immediate streetscape of Beveridge Road from Cleveland Redland Bay Road to Rachow Street. As depicted in Figure 3 below, the surrounding neighbourhood exhibits a mix of land uses, density and character not consistent with a typical LDR2 park residential precinct, including:

· Adjoining lots consist of established community facilities such as educational establishment (Faith Lutheran College) and place of worship (Champions Church) comprising of large buildings and car parking areas on large allotments between 2-9.679 hectares.

· Adjacent land towards the north-west side of Beveridge Road within the South East Thornlands Structure Plan Area LMDR1 and MDR6 precinct comprise of multiple dwelling development with a density of one dwelling per 268m².

· North-east of the site (24-28, 30 and 32 Beveridge Road, Thornlands) is currently approved for detached multiple dwellings with a density of one dwelling per 156m² and shop-top style housing located above small scale food and drink outlet tenancies at one dwelling per 170m^2.

· Development approval on 35 Beveridge Road for a four storey apartment building with one dwelling per 84m^2.

A map of a city

Description automatically generated with low confidence

Figure 3: Established neighbourhood (green hatching) and density (red box)

The surrounding established neighbourhood is already developed and therefore retaining 6,000m² blocks would not provide a transition between urban and rural land uses, the rural land being located to the South. The proposed layout however does protect semi-rural and bushland character when viewed from Beveridge Road with the retention of vegetation and larger lot size (1836m²) at the front.

As a result, it is recommended that development conditions are imposed to achieve compliance with overall outcome (3) (b) (i)-(ii) by avoiding the loss of existing habitat trees within lot 1 and requiring building envelopes restricting buildings and structures to protect the semi-rural and bushland character.

Amenity

Performance outcome PO39 of the LDR zone code and PO5 of the reconfiguring a lot code state:

PO39
‘Development minimises impacts on surrounding residential amenity and provides a high level of on-site amenity for occupants, having regard to noise, odour, vibration, air or light emissions.’

PO5
‘The reconfiguration integrates with the surrounding locality and creates an attractive, accessible and functional neighbourhood, having regard to:

1. connecting to and extending movement, open space and recreational and other infrastructure networks;

2. maintaining the continuity of habitat areas and ecological corridors;

3. maintaining natural hydrological regimes;

4. creating a compatible landscape and streetscape character;

5. managing the interface between potentially incompatible uses or sources of noise or other impacts; and

6. ensuring future development on adjacent and nearby land can occur in an orderly, efficient and cohesive manner.’

A noise impact assessment has been submitted (refer to Attachment 3), which demonstrates that a high level of residential amenity for the proposed lots can be achieved considering the interface with the place of worship and educational establishment on adjoining lots.

In relation to the interface with the educational establishment a 1.8m acoustic fence is recommended along the southern boundary of lots 1 and 2, given the location of the car parking area associated with the use.

Having regard to the existing development approval associated with the place of worship separation would exist between dwellings and the building, noting also the infrequent operating hours of the use. Nevertheless, the applicant has proposed to provide a 2m high acoustic barrier along the north-eastern boundary, to manage noise impacts associated with the current and future development on the adjoining lot (21-29 Beveridge Road, Thornlands).

A submission and advice, accepted as common material, raises concern regarding the following matters:

· Future development on 21-29 Beveridge Road, Thornlands being impacted by additional residential lots associated with this development.

· Recent complaint on file regarding the church operations using amplified music.

Any future development application of the adjoining lot (Community facilities CF5 zoned land) would be assessed on its merit and would need to demonstrate that the scale and intensity is appropriate. Residential development is anticipated on the subject land and therefore potential impacts would need to be assessed, irrespective of the number of dwellings on the land.

In relation to the specific noise complaint, the place of worship has conditions of the current development approval relevant to the existing place of worship (C2828/MC012030).

As a result, development conditions are recommended to appropriately manage noise impacts from surrounding land uses by providing acoustic barriers along the northern site boundary (excluding the flood prone area) and part of the southern site boundary to achieve compliance with the above assessment benchmarks.

Sewer strategy

Performance outcomes PO5 and PO11 of the infrastructure works (IW) code and PO37 of the reconfiguring a lot (RAL) code state:

PO5
‘All infrastructure is connected to existing networks in a safe, efficient and functional way, and does not impose loads on those networks that exceed their capacity.’

PO11
‘Wastewater is treated and disposed of in a manner that is sufficient for the volume of wastewater generated on the site and to a level that ensures risks to public health, water quality and the environment are minimised.’

PO37
‘New lots provided with services including water supply, wastewater infrastructure, stormwater drainage, waste disposal, electricity and telecommunications that are designed and located to:

1. meet the needs of end users;

2. minimise risk of adverse environmental and amenity impacts;

3. to be cost effective over the life cycle of that infrastructure;

4. make effective use of existing infrastructure;

5. allow orderly and efficient infrastructure extensions and upgrades; and

6. minimise whole of lifecycle costs of the infrastructure.’

The applicant seeks to extend the sewer reticulation available from 24-28 Beveridge Road, Thornlands to service the site (refer to Attachment 4). Given the locality is relatively flat limiting suitable grades for a gravity feed system; a proprietary sewer pump and private sewer main is proposed to ensure wastewater can be integrated into the new sewer extension along Beveridge Road. To support this outcome detailed design is required to be assessed as part of an operational works application and the private infrastructure is maintained by a future body corporate within a community title scheme.

It is recommended that development conditions are imposed to ensure compliance with the above assessment benchmarks.

Stormwater management

Quantity

Performance outcomes PO3 and PO6 of the healthy waters code are relevant, which state:

PO3

‘The stormwater drainage system maintains pre-development velocity and volume of runoff external to the site and does not otherwise worsen or cause nuisance to adjacent, upstream and downstream land.’

PO6

‘Roof and surface run-off is managed to prevent stormwater flows from entering buildings and be directed to a lawful point of discharge.’

A stormwater management plan (refer to Attachment 5) has been provided, which recommends that a below ground detention tank is provided underneath the internal driveway. Onsite detention consisting of a 115kL precast tank has demonstrated compliance byimproving post-development velocity and volume during all stormwater events, which is considered to comply with performance outcome PO3 and PO6 of the healthy waters code.

Operational works assessment is required to verify that the detailed design of the onsite detention system can achieve compliance with Australian Standards and effectively convey run-off to a legal point of discharge.

Quality

Performance outcome PO9 of the healthy waters code is relevant, which states:

PO9
‘Development protects and does not adversely impact the environmental values or water quality of receiving waterways.’

The stormwater management plan recommends proprietary stormwater treatment devices (filter baskets at field inlets and 13 x 460mm Psorb Stormfilter units) be provided to protect the receiving waterways. The treatment devices have been modelled to achieve the stormwater quality objectives prescribed within acceptable outcome AO9.1. The imposition of treatment devices will protect and not adversely impact receiving waterways, complying with performance outcome PO9.

Maintenance

Performance outcome PO8 of the healthy waters code is relevant, which states:

PO8

‘Maintenance requirements and costs associated with the devices used within the system are minimised.’

All onsite stormwater infrastructure is retained within private ownership and is contained within common property to be managed by a body corporate. Therefore, maintenance requirements and costs are minimised where retained within common property. Development conditions are recommended to establish on-going maintenance in order to comply with PO8.

Interface and earthworks

Performance outcome PO3 and PO5 of the RAL code, PO4 of the landscaping code and PO1-PO3 of the infrastructure works code relevantly state:

PO3
‘The design and layout of the reconfiguration:

1. avoids or minimises alteration to natural features such as drainage lines and waterways;

2. minimises the need for vegetation clearing;

3. retains or provides viable ecological corridors for wildlife movement;

4. minimises alteration to the natural topography and the amount of excavation and filling; and

5. avoids increasing the risks associated with natural hazards.

PO5
‘The reconfiguration integrates with the surrounding locality and creates an attractive, accessible and functional neighbourhood, having regard to:

1. connecting to and extending movement, open space and recreational and other infrastructure networks;

2. maintaining the continuity of habitat areas and ecological corridors;

3. maintaining natural hydrological regimes;

4. creating a compatible landscape and streetscape character;

5. managing the interface between potentially incompatible uses or sources of noise or other impacts; and

6. ensuring future development on adjacent and nearby land can occur in an orderly, efficient and cohesive manner.’

PO4

‘Fences and walls:

‘(1) provide visual interest to the streetscape and complement the built form;

(2) assist in highlighting entrances and pedestrian paths; and

(3) allow casual surveillance of all public areas, pedestrian and cycle paths.’

PO1
‘Excavation and filling is minimised and does not reduce the amenity of adjoining properties or of individual lots or dwellings within a development site.’

PO2

‘Excavation and filling involving retaining walls or structures ensures that they:

1. are of an appropriate scale so they do not overbear or dominate buildings/structures and land uses in the locality; and

2. where they are visible from a public place, are constructed of materials that are of a high quality appearance and/or incorporate landscaping or other features to assist in reducing their visual prominence.’

PO3
‘Excavation and filling result in landforms and structures which are stable and designed to minimise the potential for failure over the long term.’

Earthworks

Earthworks have been minimised by virtue of the resultant retaining wall heights that are less than 1m where in proximity to Beveridge Road (refer to Attachment 4).

Retaining walls are proposed that exceed 1m with a maximum height of 1.5m. However these are not considered to adversely impact the amenity of adjoining lots given they interface with passive areas on adjoining lots, such as the internal driveway of the educational establishment and grassed area relevant to the place of worship site. Future development within proximity to the retaining wall structures are unlikely given they are constrained by flooding or have underground stormwater infrastructure within an easement.

An operational works application will require the applicant to submit detailed plans to minimise filling over the site and a condition is imposed to ensure that the maximum retaining wall height does not exceed 1.5m unless it is terraced with landscaping in accordance with the planning scheme policy 2 - infrastructure works.

Interface

The combined acoustic barrier and retaining wall height will result in structures at 2m-3.5m interfacing with the adjoining lots with the highest combined height located between 86-106m from Beveridge Road. To reduce the impact of the structures a development condition is imposed to use high quality materials including charcoal or sandstone retaining walls and painted treatment (dark/earth colour palette) to the acoustic barrier to reduce the visual prominence to the locality. Development conditions are recommended to ensure compliance with the above assessment benchmarks.

Flood prone

Performance outcomes PO1 and PO4-PO6 of the flood and storm tide hazard overlay code state:

PO1
‘In areas affected by the defined storm tide or flood event, development which results in the creation of additional lots or an increase in the number of dwellings on the land only occurs on land zoned for residential, commercial or industrial purposes.’

PO4
‘Development does not increase the number of people living on the site unless it is provided with at least one road route that is trafficable for evacuation by a motor vehicle during a reasonable period prior to the defined flood or storm tide event.’

PO5
‘The extent of filling utilised to achieve the necessary finished floor levels, evacuation routes and flood immunity for infrastructure is minimised.’

PO6
‘Development does not change inundation characteristics outside the subject site in ways that result in:

1. loss of flood storage;

2. loss of or changes to flow paths;

3. acceleration or retardation of flows;

4. any reduction in flood warning times elsewhere on the floodplain;

5. any other worsening of inundation impacts on other properties or public infrastructure.’

A Flood Impact Assessment (refer to Attachment 6) has identified proposed lots 5-6 are affected by minor flooding associated with Eprapah Creek catchment with an overland flow path, which traverses the site from the west, heading towards the bay.

The site is within a residential zone intended residential development complying with performance outcome PO1 of the overlay code. Having regard to the flood modelling all resultant residential lots remain trafficable during the worst predicted event (1% Annual Exceedance Probability) complying with PO4.

Earthworks are proposed within the flood prone land, which has been modelled to result in minor changes to the inundation characteristics outside of the subject site as depicted below (refer to Figure 4).

Map

Description automatically generated

Figure 4: 1% Annual Exceedance Probability (AEP) flood afflux

The extent of the changes of flooding are considered to comply with the purpose of the overlay code; overall outcomes 2 (d) which states; ‘development does not directly, indirectly or cumulatively increase adverse impacts of drainage, flood or storm tide inundation on other properties’ given the following assessment:

· Post development flooding has reduced within part of 21-29 Beveridge Road, Thornlands which is considered to not increase adverse impacts on adjoining property.

· Minor increases in flooding have been modelled on the adjoining property 1-15 Beveridge Road, Thornlands (Figure 4). No adverse impact of flooding inundation is relevant given the minor increase is located outside of the existing/future developable area of the educational establishment and not resulting in adverse risk to life, property, and the environment.

As a result, the development is considered to comply with the purpose of the overlay code by not directly, indirectly or cumulatively increase adverse impacts of flood inundation to surrounding properties within the relevant catchment.

Road widening

Performance outcome PO3 of the transport, servicing, access and parking code and performance outcome PO12 of the infrastructure works code state:

PO3
‘Development maintains or improves the safe and efficient operation of transport networks having regard to (amongst other things):

1. the existing or planned function of the roads affected;

2. available sight distances and the location and design of access points;

3. accessibility by public transport, pedestrians and cyclists;

4. the potential for conflict between vehicles, pedestrians and cyclists;

5. the loss or increase of on-street parking;

6. the location, construction and maintenance of utility infrastructure; and

7. the nature and intensity of traffic and parking generated by the development.

PO12
‘Kerb, channel, street trees, street furniture, footpaths and pavement treatments are established or reinstated along the full frontage of the development site, and any redundant crossovers are removed.’

The existing road reserve width of 20m in this area is acceptable to cater for traffic demand in the locality negating the need for additional land dedication along the road frontage of the subject site.

Advice was sought from City Assets in conjunction with Infrastructure Planning and Charging unit verifying that recent road widening along the northern side of Beveridge Road is consistent with the Local Government Infrastructure Plan (LGIP). No additional road widening is required given previous road planning for Beveridge Road was undertaken suggesting that the 20m wide reserve is acceptable. If future demand for on-street parking is required on the southern side of Beveridge Road this can be provided by reducing the verge width by 2m (currently approximately 7m wide). While maintaining an approximate 4.5m verge width compliant with road design prescribed in planning scheme policy 2- infrastructure works.

The existing road verge includes suitable pedestrian footpaths, kerb and channel with adequate width to cater for infrastructure (water, sewer, electricity and telecommunications).

Development conditions are recommended to ensure that works within the road verge re-instate any damage to infrastructure and avoids impacting street trees to comply with the above assessment benchmarks.

Bushfire

Performance outcome PO4 of the bushfire hazard overlay code states:

PO4
‘Where reconfiguration creates lots of 2,000m² or less, a separation distance from hazardous vegetation is provided to achieve a radiant heat flux level of 29kW/m² at the edge of the proposed lot(s).’

A bushfire hazard assessment was submitted (refer to Attachment 7), which has demonstrated that all building envelope areas are suitably separated from hazardous vegetation to achieve a radiant heat flux level less than 29kW/m² complying with performance outcome PO4.

Vegetation

Performance outcomes PO2, PO6-PO7 of the environmental significance overlay code and PO16 of the landscaping code state:

PO2
‘Development does not result in a significant reduction in the level or condition of biodiversity and ecological processes in the locality.’

PO6
‘The design, scale and intensity of development minimises impacts on retained habitat.’

PO7
‘Retained habitat is protected to ensure its on-going condition and resilience, and to avoid degradation as a result of edge effects.’

PO16
‘Street trees are provided in road reserves to:

1. reinforce the character and identity of a locality;

2. provide shade for pedestrians;

3. soften the appearance of hard stand areas and the built form; and

4. avoid interfering with overhead and underground infrastructure.’

Development has been demonstrated to maximise retention of native vegetation by retaining trees within proposed lot 1. Removal of the existing street tree can be avoided by providing a suitable separation of 2m for the internal driveway and associated infrastructure. Development conditions are recommended to ensure that existing native trees within proposed lot 1 and within the Beveridge Road verge are protected, with works being supervised by a suitably qualified arborist. Given the imposition of development conditions the development complies with the above assessment benchmarks.

Waste management

Performance outcome PO37 of the RAL code and PO15 of the IW code relevantly state:

PO37

New lots provided with services including water supply, wastewater infrastructure, stormwater drainage, waste disposal, electricity and telecommunications that are designed and located to:

(1) meet the needs of end users;

(2) minimise risk of adverse environmental and amenity impacts;

(3) to be cost effective over the life cycle of that infrastructure;

(4) make effective use of existing infrastructure;

(5) allow orderly and efficient infrastructure extensions and upgrades; and

(6) minimise whole of lifecycle costs of the infrastructure.

PO15

‘Waste management facilities are provided such that:

(1) there is a dedicated, sealed waste and recycling container storage area that is convenient and safe to use;

(2) there is adequate volume and separate containers for waste and recyclables likely to be generated;

(3) spills or wash down from waste containers can be adequately contained; and

(4) nuisance to adjoining properties is minimised.’

Kerbside collection is acceptable with sufficient road frontage to accommodate 12 waste bins during peak fortnight collection day. 240 Litre waste bins can be transported to the road verge in a safe and convenient manner given the driveway achieves flat grades. Conditions are recommended to achieve compliance with the above assessment benchmarks.

Infrastructure Charges

The proposed development is subject to infrastructure charges in accordance with the Adopted Infrastructure Charges Resolution. The total charge applicable to this development is:

Total charge: $155,400.00

This charge has been calculated as follows in accordance with Council’s Adopted Infrastructure Charges Resolution.

Residential Component

(6.00 X #Dwelling House - 3 or more bedroom (Area A) X $31,080.00)

$186,480.00

Residential Demand Credit

(1.00 X #Dwelling House - 3 or more bedroom (Area A) X $31,080.00)

-$31,080.00

Total Council Charge:

$155,400.00

Offsets

There are no offsets that apply under Chapter 4 Part 2 of the PAct.

Refunds

There are no refunds that apply under Chapter 4 Part 2 of the PAct.

State Referrals

Not applicable.

CONCLUSION

The development application is considered to comply, or can be made to comply through development conditions, with the applicable assessment benchmarks. It is therefore recommended that a development permit be issued subject to conditions.

Strategic Implications

Legislative Requirements

The Development Application has been assessed in accordance with the PAct.

Risk Management

Standard development application risks apply. In accordance with the PAct the applicant may appeal a condition of approval or a decision to refuse the application.

Financial

Should an appeal be filed against the decision of Council, subsequent legal costs will apply.

People

There are no implications for staff associated with this report.

Environmental

Environmental impacts are discussed in the ‘Issues’ section of this report where relevant.

Social

Social impacts are discussed in the ‘Issues’ section of this report where relevant.

Human Rights

There are no known human rights implications associated with this report.

Alignment with Council’s Policy and Plans

The assessment and officer’s recommendation align with Council’s policies and plans as described within the ‘Issues’ section of this report.

Consultation

Consulted	Consultation Date	Comments/Actions
Councillor Division 3	24 June 2022	Application referred to divisional Councillor as per standard procedure.

Options

Option One

That Council resolves to issue a development permit for reconfiguring a lot one into six, on land described as Lot 17 on RP825931 and situated at 17 Beveridge Road, Thornlands, subject to the conditions in Attachment 8.

Option Two

That Council resolves to issue a development permit for reconfiguring a lot one into six, on land described as Lot 17 on RP825931 and situated at 17 Beveridge Road, Thornlands, without conditions or subject to amended conditions.

Option Three

That Council resolves to issue a preliminary approval for reconfiguring a lot one into six, on land described as Lot 17 on RP825931 and situated at 17 Beveridge Road, Thornlands with conditions.

Option Four

That Council resolves to refuse the application for reconfiguring a lot one into six, on land described as Lot 17 on RP825931 and situated at 17 Beveridge Road, Thornlands.

Officer’s Recommendation

MOTION

council Resolution 2023/96

Moved by: Cr Paul Gollè

Seconded by: Cr Paul Bishop

That Council resolves to refuse the application for reconfiguring a lot one into six, on land described as Lot 17 on RP825931 and situated at 17 Beveridge Road, Thornlands on the following grounds:

1. Character and density

The proposed reconfiguration is not consistent with the density and character of the surrounding neighbourhood, and does not retain a semi-rural, bushland character, providing a transition between urban and rural land uses as anticipated for the LDR2 park residential precinct in the low density residential zone code. The proposed development is contrary to the City Plan provisions:

a. Low Density Residential Zone Code Overall outcome 3(b)(i)(iv) and performance outcome PO20.

b. Reconfiguring a lot code overall outcome (2)(a)(i) and performance outcome PO1.

2. Residential Interface with Community facility zone land

The proposed reconfiguration does not integrate with the surrounding locality and will result in a non-functional neighbourhood by virtue of increasing the number of residential lots in proximity to incompatible land uses on the adjacent community facilities zoned land. In particular, noise and other impacts from the existing place of worship and educational establishment located on adjoining lots has not been appropriately managed. The proposed development is contrary to the City Plan provisions:

a. Reconfiguring a lot code overall outcome (2)(a)(i) and performance outcome PO5 (5) and (6).

b. Low density residential zone code overall outcome 3(b)(i) and performance outcome PO39.

3. Flood impact

The proposed reconfiguration has not minimised earthworks within flood prone land resulting in an increase of adverse impact of drainage and flood inundation on other properties affected by the hazard. The proposed development is contrary to the City Plan provisions:

a. Flood and storm tide hazard overlay code overall outcome (2)(d) and performance outcome PO5 and PO6.

b. Performance outcome PO42 (2).

c. Reconfiguring a lot code overall outcome (2)(a)(v) and performance outcome PO3 and PO5.

d. Infrastructure works code overall outcome (2)(e) and performance outcome PO1 and PO17.

lost 4/7

Crs Paul Gollè, Tracey Huges, Adelia Berridge and Paul Bishop voted FOR the motion.

Crs Karen Williams, Wendy Boglary, Peter Mitchell, Lance Hewlett, Mark Edwards, Julie Talty and Rowanne McKenzie voted AGAINST the motion.

motion

Council Resolution 2023/97

Moved by: Cr Julie Talty

Seconded by: Cr Peter Mitchell

That Council resolves to issue a preliminary approval for reconfiguring a lot one into six, on land described as Lot 17 on RP825931 and situated at 17 Beveridge Road, Thornlands, subject to the following conditions:

1. Flood impact and density

The proposed reconfiguration has not minimised the development footprint and resultant earthworks within flood prone land, resulting in an increase of adverse impact of drainage and flood inundation on other properties affected by the hazard. Provide a revised reconfiguration plan amalgamating proposed lots 5 and 6 to minimise resultant earthworks within flood prone land to achieve compliance with the following:

a) Flood and storm tide hazard overlay code overall outcome (2) (d) and performance outcome PO5 and PO6.

b) Low density residential zone code performance outcome PO42 (2).

c) Reconfiguring a lot code overall outcome (2)(a) (v) and performance outcome PO3 and PO5.

d) Infrastructure works code overall outcome (2)(e) and performance outcome PO1 and PO17.

e) Infrastructure works code Overall outcome (2)(e) and performance outcome PO1-PO2 and PO17.

2. Building envelopes

The proposed reconfiguration includes building envelopes that are inadequate to retain a semi-rural, bushland character and avoid flood prone land affecting the site. Provide a revised reconfiguration plan, which only includes building envelopes on proposed lots with a site area greater than 1,000m2 to retain a semi-rural, bushland character and avoid flood prone land to achieve compliance with the following:

a) Low Density Residential Zone Code Overall outcome 3(b)(i),(iv) and performance outcome PO20.

b) Flood and storm tide hazard overlay code overall outcome (2) (a),(d),(e) and performance outcome PO5 and PO6.

c) Low density residential zone code performance outcome PO42 (2).

d) Reconfiguring a lot code overall outcome (2)(a)(v) and performance outcome PO3 and PO5.

e) Infrastructure works code overall outcome (2)(e) and performance outcome PO1 and PO17.

f) Infrastructure works code Overall outcome (2)(e) and performance outcome PO1-PO2 and PO17.

g) Reconfiguring a lot code overall outcome (2)(a)(i) and performance outcome PO1.

carried 7/4

Crs Karen Williams, Wendy Boglary, Peter Mitchell, Julie Talty, Rowanne McKenzie, Tracey Huges and Paul Bishop voted FOR the motion.

Crs Paul Gollè, Lance Hewlett, Mark Edwards and Adelia Berridge voted AGAINST the motion.

General Meeting Minutes 17 May 2023

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General Meeting Minutes 17 May 2023

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General Meeting Minutes 17 May 2023

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General Meeting Minutes 17 May 2023

16 Reports from Infrastructure & Operations

16.1 Reasonable use of Recycling and Waste Centres

Objective Reference: A7508696

Authorising Officer: Dr Nicole Davis, General Manager Infrastructure & Operations

Responsible Officer: Sherry Clarke, Group Manager City Operations

Report Author: Carolyn Jackson, Acting Service Manager Waste Operations

Attachments: Nil

Purpose

To apply a reasonable use limit on the disposal of domestic waste (mixed waste, timber, concrete, soil, asbestos and tyres), and domestic self-haul green waste at Birkdale and Redland Bay Recycling and Waste Centres in order to maintain an affordable utility charge for ratepayers.

Background

At the General Meeting on 30 May 2012, Council resolved to remove all waste disposal fees for residents disposing of waste from domestic premises. The resolution came into effect on 1 July 2012 and since this time, Council’s Birkdale and Redland Bay Recycling and Waste Centres (RaWCs) have had free, unlimited disposal of domestic waste for residents.

There have been significant changes in the waste industry since this decision was made over ten years ago. These changes include the introduction by the Queensland Government of the waste levy in 2019, significant increases in costs for fuel, associated transport and waste contracts, increase in inflation as well as the cost-of-living pressures on the community.

In addition, the Council policy of free domestic waste disposal is open to misuse by commercial customers declaring their waste as residential rather than commercial. These customers make up a small percentage of RaWCs users but represent a disproportionate amount of mixed waste and green waste received.

Council has analysed waste transaction data and can demonstrate that infrequent domestic customers who are residents of Redlands Coast, are cross subsidising high frequency commercial customers that are potentially profiteering from the free use of the RaWCs. To continue with this cross subsidisation, the impact on the Waste and Recycling Utility Charges will be significant for all residents and add to the cost-of-living pressures for the community. This is also inconsistent with Council’s Revenue Policy principles of: transparency, user pays and full cost recovery.

It is recommended that Council introduces a reasonable and fair use policy at Council’s Birkdale and Redland Bay RaWCs of 26 free visits annually and above that limit, apply charges, consistent with the adopted commercial rates. This level of visits will allow the majority of Redlands Coast residents to still use the RaWCs for free but will reduce the cross subsidisation of commercial use by residents. This fair use limit will also allow the proposed Waste and Recycling Utility Charges to be lower for all Redlands Coast residents rather than the higher rate needed to cover the cost of waste operations if the cross subsidisation continues.

The proposed limits do not extend to any island Recycling and Waste Centres.

Issues

Queensland Government Waste Disposal Levy

In 2019, the Queensland Government introduced a waste disposal levy. Initially, the Government provided payments to Council to fully offset the waste levy expense and provide time for the community to change behaviours and reduce residual waste generation. In the current year (2022/2023), the advanced payment from the Queensland Government is 105% of the prior year’s waste generation. From 1 July 2023, the advanced payment will decrease to 95% and continue to decrease to 20% by 2030/2031.

The proposed 26 limit for domestic and green waste disposal at the RaWCs seeks to mitigate the cost to the community for the increases in waste levy expenditure in accordance with Queensland Government legislation. This is achieved by applying charges (inclusive of waste levy) to general mixed waste and green waste for vehicles that visit more than 26 times per annum as these vehicles are likely to be transporting commercial waste.

Domestic Vehicle Transaction Frequency

Waste Operations undertook an audit of all domestic mixed waste and green waste transactions during the 2021/2022 financial year to identify the average number of visits to the RaWCs. Of the 347,174 residential transactions across both Birkdale and Redland Bay RaWCs, 98.5% of vehicles visited fewer than 26 times in the year. This represents the majority of Redlands Coast residents. Additionally, 91.6% of all vehicles visited fewer than 12 times in the year.

The audit demonstrated that 1.5% of vehicles visited more than 26 times and disposed of 13% of the mixed waste and green waste received.

Table 1 - 2021/2022 Transaction Data from Birkdale and Redland Bay RaWC

Transaction Band (MSW and Green Waste)	Vehicles	% Vehicles	Transactions	Visits per Vehicle
1 to 6	60,329	78.9%	126,220	2
7 to 12	9,675	12.7%	86,801	9
13 to 26	5,240	6.9%	90,906	17
27 to 52	1,074	1.4%	36,249	34
Greater than 52	105	0.1%	6,998	67

Analysis of the data suggests a minority of customers at the RaWCs visited more than 26 times per annum disposing of a disproportionate and significantly higher amount (13%) of domestic waste per vehicle compared to 98.5% of users who disposed of 87% domestic mixed waste and green waste tonnes.

Data analysis strongly supports the assumption that the majority of these high frequency users (>26 visits or 1.5% vehicles) are disposing of waste that has been generated through a commercial arrangement, potentially for a fee or reward.

Schedule 9 of the Waste Reduction and Recycling Regulation 2011 defines Commercial and Industrial Waste (commercial waste) as waste generated from activities including, but not limited to:

· An activity carried out at domestic premises under a commercial arrangement

· An activity carried out by a charity or church

· Providing educational services.

Commercial waste is also subject to the Queensland Government waste disposal levy. Currently, a proportion of commercial waste received at the RaWCs is being declared as domestic waste resulting in ratepayers subsidising the costs for waste disposal which should be borne by the commercial entity generating this waste.

Reduced Impact to the Waste Utility Charge

The Department of Environment and Science defines the average generation rate for household waste per person per year, including kerbside collections, in Queensland as 600kg.

Analysis of 2021/2022 RaWCs Redlands Coast customer activity showed that:

· 105 customers (0.1% of total vehicles) visited on average 67 times and disposed of 707 tonnes of domestic mixed waste and green waste,

· 1,074 customers (1.4% of total vehicles) visited on average 34 times and disposed of 3,641 tonnes of domestic mixed waste and green waste.

These volumes are well above the average waste generation and do not align with the application of the user pays principle or assure cost recovery of services provided by Council.

The application of commercial fees and charges once the 26 limit has been reached, is forecast to provide an alternate revenue source. This means that waste disposal costs incurred by Council are offset by this additional commercial revenue, rather than being covered within the Waste Utility Charge paid by all ratepayers. The forecast revenue source and offset to Council by the proposed limit to 26 visits, in addition to avoided waste management costs, is predicted to be in the order of $471,000 per annum.

At the end of the March 2023 quarter, the Australian Bureau of Statistics reported Brisbane as the second highest Australian capital city for CPI increase year on year (at 7.4%). These cost pressures are directly impacting the waste operations and current forecasts suggests the Waste Utility Charge will increase above this general CPI increase. This proposal for fair use is an attempt to mitigate this higher than CPI increase. Should this reasonable use proposal be supported, current projections are that the Waste Utility Charge could be less than the Brisbane March CPI.

In developing the forecast, assumptions based on observed behaviours were applied to determine the portion of customers expected to pay commercial fees. Of those presumed commercial users that visit above the 26-visit limit:

· 15% are expected to reduce their number of visits through delivering larger loads less frequently.

· 20% of the mixed waste and 30% of green waste visits would divert to services outside Redlands Coast.

· The residual 65% of mixed waste and 55% of green waste visits would be charged at commercial rates.

The forecasted visits are based on current usage data (table 1) and is a conservative perspective.

Exemptions

Pensioners

Automatic exemption to the limits will be provided to pensioners who:

· Declare their waste as residential.

· Provide proof of residency (i.e., ID which has photo and address); and

· Personally present one of the following original cards at the gatehouse:

o Queensland issued Pension Concession Card; or

o Department of Veterans Affairs Entitlement Card; or

o Department of Veterans Affairs Gold Card.

Where pensioners are unable to personally present to the gatehouse, an exemption can be provided to a nominated vehicle via the online exemption process. However, to ensure fair competition, pensioners will not be permitted to nominate a commercial operator.

General Exemptions

All other exemptions from the proposed limits to domestic waste disposal will be provided on request via a dedicated online application form on the Council’s website. Applications can be provided to:

· Residents generating non-hazardous medical waste, where an additional kerbside waste bin is not sufficient for the needs of the household.

· Residents with physical barriers to utilising kerbside wheelie bin services.

· Council approved charitable organisations, community, and sporting groups where a Community Service Vehicle Exemption is provided.

· Declared natural disaster events, storm events as defined by Council.

Large Blocks

Residents may apply for exemption for the disposal of green waste only, where their block is greater than 3,000m². In this case, the exemption will not extend to general waste or mixed loads.

Commercial Vehicle Waiver

Commercial operators who are also residents, currently apply for a commercial vehicle waiver to use their commercial vehicle to dispose of their own residential waste. If approved, the vehicle is exempted for eight visits. It is proposed to extend this exemption to 26 visits to maintain consistency. Residents will be required to declare their load as residential, and discretion may be applied to charge commercial rates where the load is consistent with the resident’s commercial operations.

Benefits

Benefits that will likely be achieved from the proposed limit to free visits include:

· Reduce cross subsidisation of high frequency, unreasonable RaWCs usage

· A reduction in the required increases to the Waste Utility Charge to cover the cost of Water Operations due to revenue being recouped from commercial fees and charges rather than the Waste Utility Charge

· Reduce expenditure in a fair and reasonable way for 98% of residents

· Improve RaWCs efficiency and traffic management

· Potential for increase commercial waste disposal revenue

Strategic Implications

Legislative Requirements

The proposed amendments to Council policy (WST-003-P) and application of limits to domestic waste disposal at RaWCs supports the outcomes and objectives of the following legislation:

· Waste Reduction and Recycling Act 2011 and Waste Reduction and Recycling Regulation 2011

· Local Government Act 2009 and Local Government Regulation 2012.

Risk Management

The proposed limit of 26 visits for the disposal of mixed waste (including timber, concrete, soil, asbestos and tyres) and green waste will impact less than 1.5% of current RaWCs users. This will likely decrease as some customers will adjust their behaviour and facility usage to fall within the 26-visit limit.

Community perception of the change will be managed through an effective communications campaign which will be developed prior to the implementation of this policy.

Financial

The proposed limit of 26 visits for the disposal of mixed waste (including timber, concrete, soil, asbestos, tyres) and green waste is expected to provide approximately $471,000 revenue via commercial fees and charges. Waste Operations costs are expected to materially be maintained; however, this alternate revenue stream will offset costs to a degree when determining the Waste Utility Charge.

The charge is in line with the eight principles for levying of rates and charges as outlined in Councils Revenue Policy:

· Accountability – Council will be accountable to the providers of funds to ensure those funds are applied efficiently and effectively to satisfy the objective for which the funds were raised.

· Transparency – Council will be transparent in its revenue raising activities and will endeavour to use systems and practices able to be understood by the community.

· Representation – Council will act in the interests of the whole community in making decisions about rates and charges.

· Sustainable financial management – Council will ensure it manages revenue diligently and that the application of funds is founded on sustainable strategic objectives that result in the timely and optimal investment in identified priorities.

· Fairness – While the rating legislation requires Council to use property valuations as the basis for raising rate revenue, Council will monitor the impact of valuation changes and moderate increases where possible.

· Differentiation of categories – Council will apply different rates to various categories of property that will reflect the particular circumstances of the categories and Council’s policy objectives related to those categories.

· Special needs and user pays – Council will draw from various revenue sources to fund special needs including (but not necessarily limited to):

o Separate rates or charges for whole of community programs

o Special rates or charges for recovery of costs from beneficiaries

o Utility charges for specific service based generally on usage

o Statutory fees and charges in accordance with legislation, regulation or local laws

o Commercial fees and charges where users can clearly be identified

o Where practicable recovering credit card fees through a surcharge on credit card transactions.

· Social conscience ― Council will apply a range of concessions (e.g. for pensioners and institutions) and will accommodate special circumstances where hardship can be demonstrated.

People

Management of the communications plan is to be completed utilising existing permanent and temporary communication resources within the Waste Operations Unit. Ongoing processing of exemptions is expected to be minimal and will be managed by existing resourcing.

Environmental

There are no direct environmental impacts from the proposed changes to waste policy. However, there is the potential for an increase in illegal dumping which will be actively monitored with assistance from City Operations teams.

Social

The introduction of a fair use policy of a 26 visit limit to the RAWCs is an attempt to mitigate against higher than CPI increases and by placing reasonable limits on the RaWCs. Should this reasonable use proposal be supported, current projections are the Waste Utility Charge could be less than the Brisbane March CPI (at 7.4%), reducing pressure on the cost of living for the ratepayers of Redlands Coast.

Human Rights

There are no human right implications relevant to Council’s decision in this matter.

Alignment with Council's Policy and Plans

The content of this report and proposal for limits to domestic waste disposal at the RaWCs align to the following Council policy and plans:

· Waste Reduction and Recycling Plan 2021-2030

· Strategic Asset Management Plan

· FIN-017-P Revenue Policy

· Our Future Redlands - A Corporate Plan to 2026 and Beyond - Goal 4 (Objective 4.2) and Goal 7 (Objective 7.1)

Consultation

Preparation of this report was informed by extensive consultation with waste operations, planning, and administration staff, Council’s Executive Leadership Team, Councillors and Financial Planning Unit.

Officers from Moreton Bay Regional Council were also consulted in August and December 2022 with regards to their Disposal of Waste Free of Charge Policy 2150-042, which commenced 1 July 2022 and applied a limit of 26 visits or three tonnes of general waste, green waste, clean concrete and clean soil, whichever is reached first.

Consulted	Consultation Date	Comments/Actions
Councillors & Executive Leadership Team	17 October 2022	Councillor and ELT Briefing. Feedback on issues, data and overall concept of Reasonable Use policy provided by Councillors and ELT.
Councillors & Executive Leadership Team	27 April 2023	2023/2024 Budget Development Workshop.

OPTIONS

Option One

That Council resolves as follows:

1. To apply a limit of 26 visits per vehicle registration per financial year for the disposal of domestic waste (mixed waste, timber, concrete, soil, asbestos and tyres), and domestic self-haul green waste at Birkdale and Redland Bay Recycling and Waste Centres.

2. Apply the changes described in this report effective from Monday, 2 October 2023.

Option Two

That Council resolves to request further information and direct Officers to consider alternative methods for residents and businesses to effectively and fairly participate in waste management services.

Officer's Recommendation/Council Resolution 2023/98

Moved by: Cr Paul Bishop

Seconded by: Cr Tracey Huges

That Council resolves as follows:

1. To apply a limit of 26 visits per vehicle registration per financial year for the disposal of domestic waste (mixed waste, timber, concrete, soil, asbestos, and tyres), and domestic self-haul green waste at Birkdale and Redland Bay Recycling and Waste Centres.

2. Apply the changes described in this report effective from Monday, 2 October 2023.

lost 2/9

Crs Paul Gollè and Paul Bishop voted FOR the motion.

Crs Karen Williams, Wendy Boglary, Peter Mitchell, Lance Hewlett, Mark Edwards, Julie Talty, Rowanne McKenzie, Tracey Huges and Adelia Berridge voted AGAINST the motion.

The motion was LOST therefore a motion was moved as follows:

Motion

Moved by: Cr Paul Bishop

Seconded by: Cr Adelia Berridge

procedural motion TO PUT MOTION

Council Resolution 2023/99

Moved by: Cr Paul Bishop

That the motion be put.

carried 11/0

Crs Karen Williams, Wendy Boglary, Peter Mitchell, Paul Gollè, Lance Hewlett, Mark Edwards, Julie Talty, Rowanne McKenzie, Tracey Huges, Adelia Berridge and Paul Bishop voted FOR the motion.

The motion to put the motion was CARRIED, therefore the motion was put as follows:

Council Resolution 2023/100

Moved by: Cr Paul Bishop

Seconded by: Cr Adelia Berridge

carried 11/0

Crs Karen Williams, Wendy Boglary, Peter Mitchell, Paul Gollè, Lance Hewlett, Mark Edwards, Julie Talty, Rowanne McKenzie, Tracey Huges, Adelia Berridge and Paul Bishop voted FOR the motion.

Consulted	Date	Comment
Council departmental officers	Year to date 30 April 2023	Consulted on financial results and outcomes
Financial Services Group officers	Year to date 30 April 2023	Consulted on financial results and outcomes
Executive Leadership Team and Senior Leadership Team	Year to date 30 April 2023	Recipients of variance analysis between actual and budget. Consulted as required