MINUTES

General Meeting

Wednesday, 18 December 2024

 

The Council Chambers
91 - 93 Bloomfield Street
CLEVELAND QLD

 

 

 

 

Order Of Business

1          Declaration of Opening. 4

2          Record of Attendance and Leave of Absence. 5

3          Devotional Segment. 7

3.1            Condolence – Bob Howlett 7

3.2            Condolence – Wendy Tidbold. 8

3.3            Condolence – Bill McIntyre. 9

4          Recognition of Achievement. 11

4.1            Redland City Council Economic Development Team.. 11

5          Receipt and Confirmation of Minutes. 12

6          Declaration of Prescribed Conflict of Interests and Declarable Conflict of Interests. 13

7          Matters Outstanding from Previous Council Meetings. 14

7.1            Draft Birkdale Community Precinct Local Government Infrastructure Designation Consultation Report 14

7.2            Council's Programs Related to the Environmental Protection Biodiversity Act - Response to Notice of Motion. 15

7.3            GOV-016-P Expenses Reimbursement and Provision of Facilities for Councillors Policy. 16

7.4            Indoor Sports Facilities Planning. 17

7.5            Petition - Cr Shane Rendalls - Request for Council to Reverse the Full Cost Recovery Policy for Moreton Bay Marine Facilities. 18

8          Mayoral Minute. 19

8.1            Participation in the Council of Mayors (SEQ) (‘CoMSEQ’) Board of Directors Mission to Singapore, Manchester and Paris. 19

9          Public Participation. 20

10       Petitions and Presentations. 21

11       Motion to Alter the Order of Business. 22

12       Reports from the Office of the CEO.. 23

13       Reports from Organisational Services. 24

13.1          November 2024 Monthly Financial Report 24

13.2          2024-2025 First Budget Review.. 41

13.3          Operational Plan Performance Report July to September 2024, Quarter One. 59

13.4          GOV-016-P Expenses Reimbursement and Provision of Facilities for Councillors Policy. 183

13.5          Provision of Legal Assistance For Councillors. 198

14       Reports from Advocacy, Major Projects and Economic Development. 206

14.1          Annual Update John Fredericks Park. 206

14.2          Annual Update on Cleveland Principal Activity Centre. 221

15       Reports from Community & Customer Services. 252

15.1          Community Facility Update - Former RSL on NSI and new SMBI youth and community centre. 252

15.2          MCU22/0155 Material Change of Use for Warehouse at 652-676 German Church Road, Redland Bay. 258

16       Reports from Infrastructure & Operations. 554

17       Notices of Intention to Repeal or Amend a Resolution. 555

18       Notices of Motion. 556

18.1          Cr Jason Colley - To Develop and Deliver an Advocacy Campaign Condemning Bullying and Poor Behaviour Towards Council Officers and Councillors. 556

19       Urgent Business Without Notice. 557

20       Confidential Items. 558

20.1          Redlands Coast Regional Sport and Recreation Precinct - Significant Contracting Plan. 560

20.2          Future use of Public Land for a Community Purpose, Cleveland. 561

20.3          Delegated Authority Report for Landfill Remediation Contract 561

21       Meeting Closure. 562

 

1            Declaration of Opening

The Mayor declared the meeting open at 9.33am and acknowledged the Quandamooka people, who are the traditional custodians of the land on which Council meets.

The Mayor also paid Council’s respect to their elders, past and present, and extended that respect to other indigenous Australians who were present.

2            Record of Attendance and Leave of Absence

MEMBERS PRESENT:                      Cr Jos Mitchell (Mayor), Cr Wendy Boglary (Division 1), Cr Peter Mitchell (Division 2), Cr Paul Gollè (Division 3), Cr Lance Hewlett (Division 4), Cr Shane Rendalls (Division 5), Cr Julie Talty (Division 6), Cr Rowanne McKenzie (Division 7), Cr Tracey Huges (Division 8), Cr Jason Colley (Division 9), Cr Paul Bishop (Division 10)

LEAVE OF ABSENCE:                        Nil

EXECUTIVE LEADERSHIP TEAM:     Louise Rusan (Acting Chief Executive Officer), Amanda Pafumi (General Manager Organisational Services), David Jeanes (Acting General Manager Community & Customer Services), Dr Nicole Davis (General Manager Infrastructure & Operations), Christopher Isles (General Manager Advocacy, Major Projects & Economic Development), Sandra Bridgeman (Executive Group Manager Financial Services & Chief Financial), Andrew Ross (Executive Group Manager Risk & Legal Services), Angela Milne (Acting Executive Group Manager People, Culture & Organisational Performance)

MINUTES:                                        Lizzi Striplin (Senior Governance Adviser)
Marina Roddy (Governance Adviser)

                                                         Tony Beynon (Group Manager Corporate Governance)

COUNCILLOR ABSENCES DURING THE MEETING

Cr Julie Talty joined the meeting at 9.37am (during item 3).

Cr Tracey Huges left the meeting at 11.04am (during item 13.2) and returned at 11.08am (during item 13.2).

Cr Julie Talty left the meeting at 11.28am (during item 13.3) and returned at 11.32am (during item 13.3).

Cr Peter Mitchell left the meeting at 11.28am (during item 13.3) and returned at 11.31am (during item 13.3).

Cr Shane Rendalls left the meeting at 11.37am (during item 13.3) and returned at 11.39am (during item 13.3).

Cr Lance Hewlett left the meeting at 11.49am (during item 13.4) and returned at 11.52am (during item 13.4).

Cr Jason Colley left the meeting at 11.57am (during item 13.5) and returned at 11.59am (during item 13.5).

Cr Wendy Boglary left the meeting at 11.57am (during item 13.5) and returned at 11.59am (during item 13.5).

Cr Lance Hewlett left the meeting at 2.20pm and returned at 2.22pm (during closed session).

Cr Paul Gollè left the meeting at 2.25pm and returned at 2.27pm (during closed session).

Cr Tracey Huges left the meeting at 2.26pm and returned at 2.28pm (during closed session).

Cr Julie Talty left the meeting at 2.57pm and returned at 3.01pm (during closed session).

Cr Julie Talty left the meeting at 3.22pm and returned at 3.23pm (during closed session).

3            Devotional Segment

Pastor Peter Grieve of C3 Church Redland Bay, also a member of the Minister’s Fellowship, led Council in a brief Devotional segment.

3.1         Condolence – Bob Howlett

Cr Wendy Boglary expressed condolences for Bob Howlett:

Recently I attended, with many others from Council, a celebration of the life of Bob Howlett, who is a legend around the corridors of Redland City Council and in our community.

Bob had an affiliation with Council before he even began working here as his father was a Councillor with Redlands Shire Council and there is a road in Capalaba named after him – Howlett Road.

Bob commenced working in Council in the workshop in 1957 and fairly soon moved into administrative positions, along with only a handful of people in those days.

Bob soon became Council’s go to man as he built a reputation as a great problem solver.

John Derbyshire spoke of working with Bob in the construction of this administration building and what a great working relationship he had with Bob. It was apparent from comments on the day that everyone he came in contact with held Bob in high regard.

Bob was known throughout Council as always being in the background, making sure projects ran smoothly and fixing things before others even knew they needed fixing. 

Bob was a pro-active person and if ever requested to do something, one never needed to ask twice.

When Council established a SES unit in 1979, Bob joined as a volunteer.

John Derbyshire spoke of one of his long-lasting memories which was watching Bob lead a team in a rescue competition.  “It has been forever etched into my mind how skilful he was in rescue work and how well he led that rescue team. I expect we won, as usual.”

He was in the local emergency service for over 25 years and became a group leader, and then the deputy local controller.

Bob was awarded:

•   A National Emergency Medal

•   A Queensland SES Meritorious Service Medal

•   A Queensland 2010-11 Flood and Cyclone Citation

•   A Chief Officer Award for Community Contribution

What is interesting about these awards is that he apparently hadn’t told his family that he had received them. He had placed them in a box, and they were only recently discovered.

This is an indication of his humility.

Bob retired in 2004, having served 48 years as a Council employee.

Bob thought he had retired, but Council obviously thought differently. He was approached to return and came back as a contractor for a couple of years - an indication of how highly he was regarded for the work he did.

 

There were many stories about Bob on the day:

·      Bob was honest, trustworthy, loyal, reliable, a hard worker and a dedicated employee.

·      Bob had integrity and was very capable.

·      He was not just a manager – he was a leader.

·      I can’t recall anyone ever saying a bad word about Bob.

·      Bob was respected for his abilities and attitude, and he was liked for who he was.

·      Bob’s staff loved working for him and many attended last week to say farewell.

·      I had an immense amount of respect for Bob and regarded him as a good mate.

·      I was in awe of how Bob bravely accepted his diagnosis.

I personally didn’t work with Bob but learnt his name and reputation very soon after joining Council.  I was fortunate to visit Bob at his Wellington Point home and have some chats over the years. I remember his knowledge of drainage issues was valuable with an issue I had initially.

Bob impressed me as one of life’s true gentlemen and one who served his local community with dedication, passion and pride.

This was only shadowed by the love and pride Bob had for his family.

I thank John Derbyshire for allowing me to use his words in acknowledging this valued long term Council employee and legend. On behalf of Council, we extend our sincere condolences to his family.

3.2         Condolence – Wendy Tidbold

Cr Julie Talty expressed condolences for Wendy Tidbold:

The first I’d like to note in the passing of a local Sheldon resident and a local saddler - Wendy Tidbold. Wendy was one of my residents for the bulk of my time at Council. More than that, Wendy specialised in side saddles and was passionate about keeping alive the art of riding side saddle. When I was a young mum about 25 years ago, she taught me to ride side saddle, and I have really loved it ever since. It’s not something I’ve done in any recent decade but would love to do it again.

I would like to just note, the article that appeared in the Redland City News recently which outlines some of the achievements that Wendy had across her life. She also made sure that side saddle remained a competition element in our large shows such as the Brisbane Exhibition, Toowoomba Royal Show and the Sydney and Melbourne Royal Shows. She went in, as her health allowed her, and actually put up a stall in the exhibition every year for people to come and see how side saddles were made, to watch her working and sewing. Wendy was a collector. She had an amazing collection of historic saddles which she kept in beautiful order and costumes to go with it, so that people could wear the costumes of the day.

What they noted in the December edition of the Redland City News about Wendy was that her life as a saddler was celebrated and noted at her recent memorial which had over 300 people attend.

Wendy passed away on 12 October 2024, just after her 82nd birthday, after working as a local saddler for more than 50 years and living in the Redlands for more than 68 years.

Her husband Mike said Wendy was known throughout Australia for her passion for riding and teaching women the art of riding side saddle.

She specialised in making side saddles for customers in Australia and New Zealand and has a boutique side saddle museum at her Sheldon property.

Her life was acknowledged in the House of Representatives on 4 November 2024 by Federal Member Henry Pike, who described her as a global leader and a highly respected member of the community.

She was a gifted craftswoman, and her products were renowned far and wide. Wendy was a steadfast supporter of side saddle riding opportunities in Australia and generously shared her time and knowledge with anyone who was interested.

We are reminded that she loved to be challenged and that the word ‘can’t’ simply did not exist in her vocabulary.

To her family, Wendy was a source of love, guidance and strength.

They remember her not only for her dedication to her craft but for her faith, her kindness and her joy in simple pleasures.

Her first saddlery experience was in Barcaldine at the age of 18, where she started her saddlery business in the 1960s.

Wendy was a life member of the Redlands and Southern District Equestrian group where she taught dressage on side saddle.

Wendy had three favourite sayings:

1.    “You can do anything you want if you really try.”

2.    “If you haven’t got a dream, how can it come true?”

3.    “Never give up.”

So I would like very much for that remembrance of Wendy to be on record for future generations of the Tidbolt family. I know she will be very well remembered in all the equine communities across Australia.

3.3         Condolence – Bill McIntyre

Cr Julie Talty expressed condolences for Bill McIntyre:

Bill was a local city Councillor when I was a teenager.  I knew him then, and I went to pony club with his daughters.

If you imagine the time when Bill was the local city Councillor was from 1985 to 1991 and Redlands was a very, very different place, and in looking at what Redlands was like at the time, I have an article here from the local bayside, sorry the ‘Redlander’ which was published on 10 August 1989. It says:

“Councillor Bill McIntyre seemed a little hesitant on the telephone, after all, what politician likes to admit that he is surrounded by a lot of bull”.

It includes pictures of three large Brahman bulls. Bill confirmed that he was baby-sitting three Brahman bulls at his Victoria Point home - Coco Fabian, Coco Julio and Coco Top-off, were their names. The beefy trio were in town for the Elders National Showtime Embryo Video Auction, being held at the Hilton Hotel. I won’t go on but basically if you can imagine, Bill’s property was right in the middle of Victoria Point where we now have the main shopping district, and he had three Brahman bulls visiting there. He also had a number of other animals that lived on the property, particularly large dogs I remember.

 

Bill also hosted one of our first exchange students, a young lady named Tonya who came from the United States to experience life in the Redlands. If we have a look at the sensational savings from the Strawberry Cottage which was on Old Cleveland Road East, Birkdale at the time, eggs were $1.89 a dozen; anyone who knows the price of eggs now, it was a very different time.

At that time, we didn’t have a Mayor in Council, we had a Chairman and I believe the Chairman was elected from amongst the Councillors after the Councillors were elected. It was very much Redlands Shire and Bill was one of the Councillors that worked to get improvements throughout Victoria Point. In that time, it was leading up to the eventual first major planning scheme which was approved in 2006. Bill went out in 1991 but the decisions that were being made around that time were pivotal to the development of the Redlands. It was a time that developed the overall plan for Redland, where we were expected to see a series of coastal villages with green belts in between. There was a lot of debate in years about population growth and development, and a lot of pressure, and that was the kind of environment that Bill would have been operating in as a local city Councillor. At that time, local city Councillors were part-time and I think from memory they got a reimbursement for their efforts of maybe $4,000 to $6,000 per year, so it was quite a different time.

I think it’s worthwhile remembering Councillor Bill McIntyre for his efforts for the community back from 1985 to 1991. I am sure his family are sad at his passing.

4            Recognition of Achievement

4.1         Redland City Council Economic Development Team

Mayor Jos Mitchell recognised the Redland City Council Economic Development Team on behalf of Capalaba Rotary Club.

Capalaba Rotary Club held their annual Vocational and Police Service Awards where they recognise local police for their contribution to our community. They also recognise local businesses who have supported their local communities or the economic development of their area.  

This year, Capalaba Rotary Club recognised our Redland City Council Economic Development staff for their ongoing support to our local businesses through their programs, collaborating with the Redland City Chamber of Commerce, mentoring and their general passion and dedication to developing constructive networks locally and internationally.

It is well deserved recognition, and I am very pleased to see the staff acknowledged for their commitment to the economic development of Redland City.

On behalf of Capalaba Rotary Club I would like to present the General Manager of Advocacy, Major Projects and Economic Development, Chris Isles, with awards for staff. I invite Col Sutcliffe and Bill York from Capalaba Rotary Club to come forward to present these awards as not all Economic Development staff were able to be present on the evening.   

5            Receipt and Confirmation of Minutes

Council Resolution  2024/267 Moved by:          Cr Paul Bishop Seconded by:      Cr Julie Talty That the minutes of the General Meeting held on 20 November 2024 be confirmed. Carried    11/0 Crs Jos Mitchell, Wendy Boglary, Peter Mitchell, Paul Gollè, Lance Hewlett, Shane Rendalls, Julie Talty, Rowanne McKenzie, Tracey Huges, Jason Colley and Paul Bishop voted FOR the motion.

  

6            Declaration of Prescribed Conflict of Interests and Declarable Conflict of Interests

Nil.

7            Matters Outstanding from Previous Council Meetings

7.1         Draft Birkdale Community Precinct Local Government Infrastructure Designation Consultation Report

At the General Meeting 13 September 2023 (Item 14.1 refers), Council resolved as follows:

1.   To endorse the Birkdale Community Precinct Local Government Infrastructure Designation Consultation Summary Report, including responses to submissions.

2.   To note that officers will continue to progress amendments to the Birkdale Community Precinct Local Government Infrastructure Designation based on the Consultation Report, and that a report seeking Council endorsement to make the designation will be brought to a future meeting of Council.

3.   To thank the community for its participation in the consultation.

A report will be brought to a future meeting of Council.

 

7.2         Council's Programs Related to the Environmental Protection Biodiversity Act - Response to Notice of Motion

At the General Meeting 21 August 2024 (Item 15.1 refers), Council resolved as follows:

That Council resolves to note this report and a further detailed report be provided on the programs and infrastructure provision including expenditure, both operational and capital, in relation to koalas and threatened species management, and native vegetation rehabilitation and revegetation.

A report will be brought to a future meeting of Council.

 

7.3         GOV-016-P Expenses Reimbursement and Provision of Facilities for Councillors Policy

At the General Meeting 21 August 2024 (Item 13.5 refers), Council resolved as follows:

That Council resolves to request the Chief Executive Officer to undertake a further review of the vehicle options for Councillors under GOV-016-P Expenses Reimbursement and Provision of Facilities for Councillors Policy.

A report addressing this matter was discussed at Item 13.4.

 

7.4         Indoor Sports Facilities Planning

At the General Meeting 18 September (Item 16.1 refers), Council resolved as follows:

That Council resolves as follows:

1.    To endorse officers to investigate opportunities for a new indoor sports facility to be established in Redlands Coast as a legacy outcome in the lead up to the Brisbane 2032 Olympic and Paralympic Games.

2.    To endorse the development of an Indoor Sports Facility Action Plan for the Redlands Coast identifying priority locations, funding requirements and opportunities for refurbishing existing facilities to obtain a minimum of six indoor courts.  

3.    To endorse the development of a feasibility study on the priority site(s) identified by the indoor sports court action plan.

4.    To bring a report to Council on the outcomes of Brisbane 2032 Olympic and Paralympic Games indoor sports facility investigation and the Indoor Sports Facility Action Plan.

A report will be brought to a future meeting of Council.

 

7.5         Petition - Cr Shane Rendalls - Request for Council to Reverse the Full Cost Recovery Policy for Moreton Bay Marine Facilities.

At the General Meeting 20 November 2024 (Item 10.2 refers), Council resolved as follows:

That the petition be received and referred to the Chief Executive Officer for consideration and a report to the local government.

A report will be brought to a future meeting of Council.

 

8            Mayoral Minute

8.1         Participation in the Council of Mayors (SEQ) (‘CoMSEQ’) Board of Directors Mission to Singapore, Manchester and Paris

Council Resolution 2024/258 Moved by:          Cr Jos Mitchell That Council: 1.       Notes the Mayor is participating in the Council of Mayors (SEQ) (‘CoMSEQ’) Board of Directors Mission to Singapore, Manchester and Paris from 4 February to 14 February 2025 at no cost to Council. 2.       Notes that should the Mayor not be able to attend the mission, the Deputy Mayor in her capacity as Redland City Council’s Alternate Director on the CoMSEQ Board, will attend in place of the Mayor. carried    9/2 Crs Jos Mitchell, Wendy Boglary, Peter Mitchell, Paul Gollè, Lance Hewlett, Shane Rendalls, Julie Talty, Jason Colley and Paul Bishop voted FOR the motion. Crs Rowanne McKenzie and Tracey Huges voted AGAINST the motion.

 

 

9            Public Participation

Nil.

10          Petitions and Presentations

Nil.

 

11          Motion to Alter the Order of Business

Motion to Adjourn Meeting at 12.11PM

Council Resolution 2024/264 Moved by:          Cr Wendy Boglary Seconded by:      Cr Jason Colley That Council adjourns the meeting for 30 minutes. carried    6/5 Crs Jos Mitchell, Wendy Boglary, Lance Hewlett, Shane Rendalls, Julie Talty and Paul Bishop voted FOR the motion. Crs Peter Mitchell, Paul Gollè, Rowanne McKenzie, Tracey Huges and Jason Colley voted AGAINST the motion.

Motion to Resume Meeting at 12.52pm

Council Resolution  2024/265 Moved by:           Cr Peter Mitchell Seconded by:       Cr Wendy Boglary That the meeting proceedings resume. Carried    11/0 Crs Jos Mitchell, Wendy Boglary, Peter Mitchell, Paul Gollè, Lance Hewlett, Shane Rendalls, Julie Talty, Rowanne McKenzie, Tracey Huges, Jason Colley and Paul Bishop voted FOR the motion.

 

12          Reports from the Office of the CEO

Nil.

13          Reports from Organisational Services

13.1       November 2024 Monthly Financial Report

Objective Reference:   A11627050

Authorising Officer:     Sandra Bridgeman, Executive Group Manager Financial Services & Chief Financial Officer

Responsible Officer:    Peter Paterson, Financial Controller

Report Author:            Udaya Panambala Arachchilage, Corporate Financial Reporting Manager

Attachments:               1.       November 2024 Monthly Financial Report ⇩  

 

Purpose

To note the year to date financial results as at 30 November 2024.

Background

Council adopts an annual budget and then reports on performance against the budget on a monthly basis. This is not only a legislative requirement but enables the organisation to periodically review its financial performance and position and respond to changes in community requirements, market forces or other outside influences.

Issues

2024-2025 first budget review

The year to date annual revised budget referred to in Attachment 1 incorporates the changes from the budget carryover that was adopted by Council on 21 August 2024. Please note that the 2024-25 first budget review per agenda item 13.2 will be tabled in this meeting and will be incorporated into future financial reports as adopted.

Strategic Implications

Council has either achieved or favourably exceeded the following key financial sustainability ratios as at the end of November 2024.

·    Operating Surplus Ratio

·    Operating Cash Ratio

·    Unrestricted Cash Expense Cover Ratio

·    Asset Consumption Ratio

·    Leverage Ratio

·    Net Financial Liabilities Ratio

The Asset Sustainability Ratio did not meet the target at the end of November 2024 and continues to be a stretch target for Council with renewal spends of $11.18M and depreciation expense of $33.41M year to date on infrastructure assets. This ratio is an indication of how Council currently maintains, replaces and renews its existing infrastructure assets as they reach the end of their useful lives. Capital spend on non-renewal projects increases the asset base and therefore increases depreciation expense, resulting in a lower asset sustainability ratio.

The Council-Controlled Revenue, Population Growth, and Asset Renewal Funding Ratios are reported for contextual purposes only. Population Growth and Asset Renewal Funding Ratios will not materially change from month to month.

Legislative Requirements

The November 2024 financial report is presented in accordance with the legislative requirement of section 204(2) of the Local Government Regulation 2012, requiring the Chief Executive Officer to present the financial report to a monthly Council meeting.

Risk Management

The November 2024 financial report has been noted by the Executive Leadership Team and relevant officers who can provide further clarification and advice around actual to budget variances.

Financial

There is no direct financial impact to Council as a result of this report, however it provides an indication of financial outcomes at the end of November 2024.

People

Nil impact expected as the purpose of the attached report is to provide financial information to Council based upon actual versus budgeted financial activity.

Environmental

Nil impact expected as the purpose of the attached report is to provide financial information to Council based upon actual versus budgeted financial activity.

Social

Nil impact expected as the purpose of the attached report is to provide financial information to Council based upon actual versus budgeted financial activity.

Human Rights

There are no human rights implications from this report as the purpose of the attached report is to provide financial information to Council based upon actual versus budgeted financial activity.

Alignment with Council's Policy and Plans

This report has a relationship with the following items of Council’s Our Future Redlands – A Corporate Plan to 2026 and Beyond:

Efficient and effective organisation objectives

7.1     Improve the efficiency and effectiveness of Council’s service delivery to decrease costs, and enhance customer experience and community outcomes.

7.4     Demonstrate good governance through transparent, accountable processes and sustainable practices and asset management.

 

Consultation

Consulted	Date	Comment
Council departmental officers	Year to date 30 November 2024	Consulted on financial results and outcomes.
Financial Services Group officers	Year to date 30 November 2024	Consulted on financial results and outcomes.
Executive Leadership Team and Senior Leadership Team	Year to date 30 November 2024	Recipients of variance analysis between actual and budget. Consulted as required.

Options

Option One

That Council resolves to note the financial position, results and ratios for November 2024 as presented in the attached Monthly Financial Report.

Option Two

That Council resolves to request additional information.

Officer's Recommendation/Council Resolution  2024/259 Moved by:          Cr Paul Bishop Seconded by:      Cr Wendy Boglary That Council resolves to note the financial position, results and ratios for November 2024 as presented in the attached Monthly Financial Report. Carried    11/0 Crs Jos Mitchell, Wendy Boglary, Peter Mitchell, Paul Gollè, Lance Hewlett, Shane Rendalls, Julie Talty, Rowanne McKenzie, Tracey Huges, Jason Colley and Paul Bishop voted FOR the motion.

 

 

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13.2       2024-2025 First Budget Review

Objective Reference:   A11618536

Authorising Officer:     Sandra Bridgeman, Executive Group Manager Financial Services & Chief Financial Officer

Responsible Officer:    Sandra Bridgeman, Executive Group Manager Financial Services & Chief Financial Officer

Report Author:            Katharine Bremner, Budget & Systems Manager

Attachments:               1.       2024-2025 First Budget Review ⇩  

 

Purpose

To present to Council for adoption, the first budget review for the 2024-2025 financial year in accordance with section 170 of the Local Government Regulation 2012.

Background

Council continuously reviews its performance to budget on a monthly basis and the 2024-2025 first budget review is taking effect towards the middle of the financial year.

Council adopted its 2024-2025 budget at the Special Budget Meeting on 27 June 2024 and then amended the budget on 21 August 2024 during the General Meeting following a review of capital works that straddle two financial years. Council’s Financial Services Group and business areas have analysed the monthly performance to budget comprising the following steps:

·    Reviewing permanent variances at the end of the first four months of service delivery.

·    Recognising the point in time return to a budgeted operating surplus due to the uplift in fee revenue and operating grants.

·    Reprioritising capital works delivery in line with current practices.

·    Reviewing budget phasing based on new information about the timing of revenues or expenditure.

·    Ensuring rigour around applying identified offsets for any new requests.

Issues

Council’s first budget review has also encompassed a dedicated Financial Strategy Workshop in December, in addition to two other finance strategy workshops which encompassed finance opportunities and issues.  The scope of the first budget review is to consider Council’s financial performance following the first four months of operations with the aim of reducing the adopted operating deficit.  This has resulted in a surplus position at this stage, largely driven by the additional revenue opportunities recognised as part of the first budget review process. This position lends for Council to continue building financial resilience for ongoing cost pressures and headwinds which continue to be experienced generally across other sectors and households. 

In addition, the capital portfolio continues to be reprioritised and delivered, with any changes being reflected within the first budget review.

Strategic Implications

Legislative Requirements

The proposed first budget review is in alignment with the Local Government Act 2009 and the Local Government Regulation 2012.  Section 170 of the Local Government Regulation 2012 permits a local government to amend the budget for a financial year at any time before the end of the financial year.

Risk Management

Council officers monitor the budget to actual expenditure on a regular basis and Council’s financial performance and position is reported monthly.  This budget review has also included additional fee revenue and operating grants.

Financial

This recommendation requires a change to the current year’s revised budget adopted at the
21 August 2024 General Meeting and the accompanying attachment outlines the major movements surrounding this review.  The projected financial statements forecast to 30 June 2025 illustrate a return to a slight operating budget surplus of nearly $2.7M being primarily attributable to an increase in fee revenue and operating grants.  All financial sustainability measures continue to meet or exceed set targets, including the Operating Surplus Ratio which has now moved into the target range due to the return to an operating budget surplus.

People

Specific impacts to people may result from the budget adjustments and will be worked through at a team, unit and group level in accordance with Council’s policies and people strategy (when and if they arise). No known impacts have been identified at the time of this report.

Environmental

Specific impacts to the community may result from the budget adjustments and will be worked through at a team, unit and group level in accordance with Council’s policies and environment strategy (when and if they arise). No known impacts have been identified at the time of this report.

Social

Specific impacts to the community may result from the budget adjustments and will be worked through at a team, unit and group level in accordance with Council’s policies and guidelines (when and if they arise).  No known impacts have been identified at the time of this report.

Human Rights

There are no human rights implications from this report as the purpose is to provide a revised budget to Council.

Alignment with Council's Policy and Plans

This report is aligned to Council’s Our Future Redlands – A Corporate Plan to 2026 and Beyond, in particular, the report underpins objective 7.4 Demonstrate good governance through transparent, accountable processes and sustainable practices and asset management.

 

Consultation

Consulted	Consultation Date	Comments/Actions
Councillors and Executive Leadership Team	5 December 2024	Workshop undertaken to review the first budget review submissions and financial statements.
Expenditure Review Committee	2 December 2024	Review of the submission detail and financial statements.
Executive Leadership Team	25 November 2024	Review of the submission detail with the relevant business areas and the subsequent financial statements.
Business Partnering Unit and Financial Planning Unit	September – November 2024	Review of the submission detail with the relevant business areas.

Options

Option One

That Council resolves as follows:

1.   To adopt the revised budget for 2024-2025 as Council level, which refers to the following (refer attachment for details):

a)   Redland City Council Statement of Financial Position (page 1)

b)   Redland City Council Statement of Cash Flows (page 2)

c)   Redland City Council Statement of Comprehensive Income (page 3)

d)   Redland City Council Operating and Capital Funding Statement (page 5)

2.   To meet the requirements of the Local Government Regulation 2012, adopt the City Water and City Waste Operating and Capital Funding Statements (pages 11 and 12 respectively).

Option Two

That Council resolves to not adopt the revised budget as presented in the attachment and either:

1.   Requests more information.

2.   Amends the attachment prior to adoption.

Officer’s Recommendation That Council resolves as follows: 1.       To adopt the revised budget for 2024-2025 at Council level, which refers to the following (refer attachment for details): a)   Redland City Council Statement of Financial Position (page 1) b)   Redland City Council Statement of Cash Flows (page 2) c)   Redland City Council Statement of Comprehensive Income (page 3) d)   Redland City Council Operating and Capital Funding Statement (page 5) 2.       To meet the requirements of the Local Government Regulation 2012, adopt the City Water and City Waste Operating and Capital Funding Statements (pages 11 and 12 respectively).

 

PROCEDURAL MOTION COUNCIL RESOLUTION 2024/260 Moved by:          Cr Julie Talty That the motion be Put. lost 5/6 Crs Peter Mitchell, Paul Gollè, Shane Rendalls, Julie Talty and Rowanne McKenzie voted FOR the motion. Crs Jos Mitchell, Wendy Boglary, Lance Hewlett, Tracey Huges, Jason Colley and Paul Bishop voted AGAINST the motion.

Council Resolution 2024/261 Moved by:          Cr Peter Mitchell Seconded by:      Cr Julie Talty That Council resolves as follows: 1.       To adopt the revised budget for 2024-2025 at Council level, which refers to the following (refer attachment for details): a)   Redland City Council Statement of Financial Position (page 1) b)   Redland City Council Statement of Cash Flows (page 2) c)   Redland City Council Statement of Comprehensive Income (page 3) d)   Redland City Council Operating and Capital Funding Statement (page 5) e)   To note the inclusion in the revised Budget two positions as operational support for the Trailcare and Parkcare programs. 2.       To meet the requirements of the Local Government Regulation 2012, adopt the City Water and City Waste Operating and Capital Funding Statements (pages 11 and 12 respectively). carried    10/1 Crs Jos Mitchell, Wendy Boglary, Peter Mitchell, Paul Gollè, Shane Rendalls, Julie Talty, Rowanne McKenzie, Tracey Huges, Jason Colley and Paul Bishop voted FOR the motion. Cr Lance Hewlett voted AGAINST the motion.

 

 

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Report: 2024-2025 First Budget Review

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13.3       Operational Plan Performance Report July to September 2024, Quarter One

Objective Reference:   A11502567

Authorising Officer:     Amanda Pafumi, General Manager Organisational Services

Responsible Officer:    Tony Beynon, Group Manager Corporate Governance

Report Author:            Daniella Busk, Adviser Operational Planning & Performance

Attachments:               1.       Operational Plan 2024-2025 Quarter One Report ⇩

2.       Amended Operational Plan 2024-2025 ⇩  

 

Purpose

To provide an update on the progress of the Operational Plan 2024-2025 from 1 July to 30 September 2024 and provide minor administrative changes to the Operational Plan 2024-2025.

Background

The Local Government Act 2009 requires Council to adopt an operational plan each year. The Operational Plan 2024-2025 is an important planning document which sets out how Council intends to implement the Corporate Plan Our Future Redlands – A Corporate Plan to 2026 and Beyond.

The Plan is structured to reflect the seven goals (themes) of the Corporate Plan, and outlines activities that Council plans to deliver to progress the 30 Catalyst Projects and 37 Key Initiatives in the 2024-2025 financial year.

The Local Government Regulation 2012 requires the Chief Executive Officer to present a written assessment of Council’s progress towards implementing the annual Operational Plan at meetings of Council, at least quarterly.

Issues

The Operational Plan 2024-2025 Performance Report (Attachment 1) focusses on Council’s performance from 1 July to 30 September 2024. It includes a progress and status update for each activity for Catalyst Projects and Key Initiatives outlined in the Plan.

The report provides commentary by exception on activities that are not 100% complete in Quarter One. In addition, the report provides Key Activities and Highlights under each goal (theme) of the Corporate Plan.

The following summarises the status of the 30 Catalyst Projects and 37 Key Initiatives outlined in the Operational Plan 2024 – 2025 as of 30 September 2024:

On Track	59
Monitor	1
Completed	7
Total	67

The following summarises the status of the 73 activities that progress the Catalyst Projects and Key Initiatives outlined in the Operational Plan 2024-2025:

On Track	65
Monitor	1
Completed	7
Total	73

The following summarises completion dates for the seven finalised Catalyst Projects and Key Initiatives:

Corporate Plan Catalyst Project/Key Initiative	Year Finalised
Key Initiative 4.11 Partner with industry leaders to investigate alternative sources of energy that provide environmental, community and economic benefits.	2023-2024
Key Initiative 6.3 Advocate for improved digital infrastructure to enhance the city’s capacity to attract business investment and growth and enhance productivity.	2023-2024
Catalyst Project 6.8 Redlands Health and Wellness Precinct	2023-2024
Catalyst Project 4.4 Minjerribah Panorama Coastal Walk	2022-2023
Catalyst Project 5.3 Marine Public Transport Facility Program	2022-2023
Catalyst Project 3.3 New City Entry Statements	2021-2022
Key Initiative 7.3 Improve our value for money delivery through the upgrade of our financial management system.	2021-2022

 

A minor administrative change has been made to the Operational Plan 2024-2025 (Attachment 2) where Economic Development and Investment as Lead is now referred to as Economic Development and Partnerships. This amendment reflects the recent name change of the Group. Specifically, Attachment 2 shows Economic Development and Partnerships as Lead for three Catalyst Projects (CP1.2.1, CP6.6.1, CP6.8.1) and eight Key Initiatives (KI2.3.1, KI3.4.1, KI4.11.1, KI5.1.1, KI6.1.1, KI6.3.1, KI6.4.1, KI6.5.1.)

Strategic Implications

Legislative Requirements

This report has been prepared in accordance with section 174(3) of the Local Government Regulation 2012 which states that ‘The chief executive officer must present a written assessment of the local government’s progress towards implementing the annual operational plan at meetings of the local government held at regular intervals of not more than 3 months’.

Risk Management

The risk of not delivering the Operational Plan 2024-2025 is that Council does not achieve the commitments set out in the longer-term Corporate Plan. Each activity has associated risks which are managed by the relevant area of Council.

Financial

The Operational Plan 2024-2025 is consistent with, and will be funded from, the Annual Budget 2024-2025.

People

Activities in the Operational Plan 2024-2025 are managed by the appropriate areas of Council and delivery of the Plan is undertaken by assigned resources.

Environmental

Specific activities in the Operational Plan 2024-2025 directly contribute to Council’s environmental commitments, in particular those related to theme four - ‘Natural Environment’.

Social

Specific activities in the Operational Plan 2024-2025 directly contribute to Council’s social commitments, in particular those related to theme two - ‘Strong Communities’.

Human Rights

Considerations have been taken into account, and there are no human rights implications associated with this report. 

Alignment with Council's Policy and Plans

This performance report is in response to Council’s Operational Plan 2024-2025. This Plan is a key planning document that outline activities necessary to the deliver on the seven goals (themes) and objectives outlined in Council’s Corporate Plan 2021-2026.

Consultation

Consulted	Consultation Date	Comments/Actions
Executive Group Manager People, Culture and Organisational Performance General Manager Organisational Services, General Manager Community and Customer Services General Manager Infrastructure and Operations General Manager Advocacy, Major Projects and Economic Development	October - November 2024	The activity progress and comments have been provided by the officers involved in delivering the activities within the Operational Plan 2024-2025. Economic Development and Partnerships advised name change to the Group.

Options

Option One

That Council resolves as follows:

1.   To note the Operational Plan 2024-2025 Performance Report 1 July to 30 September 2024, Quarter One, as detailed in Attachment 1.

2.   To note the Lead Name change to Economic Development and Partnerships and adopt the amended Operational Plan 2024-2025, as detailed in Attachment 2.

Option Two

That Council resolves to note this report and request additional information.

Officer's Recommendation/Council Resolution  2024/262 Moved by:          Cr Wendy Boglary Seconded by:      Cr Paul Gollè That Council resolves as follows: 1.   To note the Operational Plan 2024-2025 Performance Report 1 July to 30 September 2024, Quarter One, as detailed in Attachment 1. 2.   To note the Lead Name change to Economic Development and Partnerships and adopt the amended Operational Plan 2024-2025, as detailed in Attachment 2. Carried    11/0 Crs Jos Mitchell, Wendy Boglary, Peter Mitchell, Paul Gollè, Lance Hewlett, Shane Rendalls, Julie Talty, Rowanne McKenzie, Tracey Huges, Jason Colley and Paul Bishop voted FOR the motion.

 

 

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13.4       GOV-016-P Expenses Reimbursement and Provision of Facilities for Councillors Policy

Objective Reference:   A11499531

Authorising Officer:     Amanda Pafumi, General Manager Organisational Services

Responsible Officer:    Tony Beynon, Group Manager Corporate Governance

Report Author:            Tony Beynon, Group Manager Corporate Governance

Attachments:               1.       Tracked Changes - GOV-016-P Expenses Reimbursement and Provision of Facilities for Councillors Policy ⇩

2.       Amended - GOV-016-P Expenses Reimbursement and Provision of Facilities for Councillors Policy ⇩  

 

Purpose

To note the review of vehicle options in GOV-016-P Expenses Reimbursement and Provision of Facilities for Councillors Policy has been completed and adopt the amended Policy in Attachment 2.

Background

At its meeting held on 18 April 2024, Resolution Number 2024/43, Council resolved as follows:

1.   To request the Chief Executive Officer to undertake a review of the vehicle options for Councillors under GOV-016-P Expenses Reimbursement and Provision of Facilities for Councillors Policy (Policy).

2.   That a report be brought back to Council at a future General Meeting for consideration.

Section 250 of the Local Government Regulation 2012 (the Regulation) requires a local government to adopt an expenses reimbursement policy.  Section 249(2) of the Regulation defines an “expenses reimbursement policy” as

“…a policy providing the following-

(a)  Payment of reasonable expenses incurred, or to be incurred, by councillors for discharging their duties and responsibilities as councillors;

(b)  Provision of facilities to councillors for that purpose”.

Council officers completed the review of vehicle options for Councillors and presented the outcomes and recommendations from this review at a Councillor Workshop on 13 May 2024. Following this briefing, Councillors who requested to receive a Council vehicle in accordance with the Policy, were provided the opportunity to then choose from a selection of vehicles available for consideration, to use for business and private use during this term of Council.

Issues

Vehicle Options

The existing Policy allows Councillors to select one of two options in relation to the use of motor vehicles:

 

1 – Council supplied vehicle

Under this option Councillors are supplied a Council vehicle.  If a Councillor chooses this option, they must complete an Australian Taxation Office (ATO) logbook for three months outlining all business and private use.  The percentage of private use calculated in the three-month period will be used for the Council to calculate the private use component to be paid by the Councillor on a fortnightly basis through payroll.

2 – Councillor Private Vehicle

Under this option the Councillor must submit a mileage claim form for each business use instance including the reason for travel.  The reimbursement will be paid in accordance with the ATO per-kilometre rates on a fortnightly basis through payroll. 

As part of this review, advice was sought from Solicitors King & Co who advise that the options currently employed by Redland City Council for motor vehicles comply with the requirements of Section 249 of the Local Government Regulation 2012.

While researching this matter, it was identified that several other local governments provide Councillors with a motor vehicle allowance which is paid through payroll.

The advice received from King & Co again confirmed that the options provided by Redland City Council in our Policy complied with the Local Government Regulation 2012.

As such, the review has been completed and no further changes to this Policy have been recommended, to ensure our continued compliance with legislation.

Administrative Amendments

Whilst undertaking the review, some minor and administrative amendments were made as outlined in Attachment 1.

Strategic Implications

Legislative Requirements

Division 2 of the Local Government Regulation 2012 sets out the requirements for a local government to adopt an expenses reimbursement policy.

Risk Management

There is a risk that Council will not meet its statutory obligations if the Policy is not approved.

Financial

There are no additional financial implications associated with this report.

People

There are no people associated risks with this report.

Environmental

There no environmental implications associated with this report.

Social

There are no social implications associated with this report.

Human Rights

There are no human rights implications associated with this report.

Alignment with Council's Policy and Plans

Our Future Redlands - A Corporate Plan to 2026 and Beyond

GOV-016-P – Expenses Reimbursement and Provision of Facilities for Councillors Policy

Consultation

Consulted	Consultation Date	Comments/Actions
Councillor Workshop	June and November 2024	Workshop with Councillors complete to review the different options of vehicles available to them under the existing Policy, consideration of the provision of facilities in other benchmarked Councils and the independent legal advice received in support of our current Policy and vehicle provision arrangements.
General Counsel	April 2024	Discussed and noted

Options

Option One

That Council resolves as follows:

1.   To note the review of the vehicle options in GOV-016-P Expenses Reimbursement and Provision of Facilities for Councillors Policy has been completed and no changes are proposed.

2.   To note the minor and administrative changes in Attachment 1 and adopt the amended GOV-016-P Expenses Reimbursement and Provision of Facilities for Councillors Policy in Attachment 2.

Option Two

That Council resolves to request the Chief Executive Officer to undertake a further review of the vehicle options for Councillors under GOV-016-P Expenses Reimbursement and Provision of Facilities for Councillors Policy.

Officer's Recommendation/Council Resolution 2024/263 Moved by:          Cr Shane Rendalls Seconded by:      Cr Rowanne McKenzie That Council resolves as follows: 1.   To note the review of the vehicle options in GOV-016-P Expenses Reimbursement and Provision of Facilities for Councillors Policy has been completed and no changes are proposed. 2.   To note the minor and administrative changes in Attachment 1 and adopt the amended GOV-016-P Expenses Reimbursement and Provision of Facilities for Councillors Policy in Attachment 2. carried    9/2 Crs Jos Mitchell, Wendy Boglary, Peter Mitchell, Lance Hewlett, Shane Rendalls, Julie Talty, Rowanne McKenzie, Jason Colley and Paul Bishop voted FOR the motion. Crs Paul Gollè and Tracey Huges voted AGAINST the motion.

 

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Report: GOV-016-P Expenses Reimbursement and Provision of Facilities for Councillors Policy

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Attachment: Amended - GOV-016-P Expenses Reimbursement and Provision of Facilities for Councillors Policy

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Report: GOV-016-P Expenses Reimbursement and Provision of Facilities for Councillors Policy

Attachment: Amended - GOV-016-P Expenses Reimbursement and Provision of Facilities for Councillors Policy

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13.5       Provision of Legal Assistance For Councillors

Objective Reference:   A11654903

Authorising Officer:     Amanda Pafumi, General Manager Organisational Services

Responsible Officer:    Amanda Pafumi, General Manager Organisational Services

Report Author:            Andrew Ross, Executive Group Manager Risk & Legal Services

Attachments:               1.       LSV-002-P Provision of Legal Assistance for Councillors Policy with amendments ⇩  

 

Purpose

To amend the Policy on the Provision of Legal Assistance for Councillors and Employees by requiring the use of only prequalified insurance panel lawyers and reserving Council's right to recover legal costs if claims are made contrary to this Policy or if a relevant authority dismisses the claim.

Background

On 7 June 2017, Council adopted the Policy on the Provision of Legal Assistance for Councillors and Employees (Policy).  The Policy was amended on 13 December 2023 by incorporating mandatory notice requirements prior to lodging claims for legal assistance and reporting legal costs associated with Councillor claims for legal assistance.

Legal assistance is provided to Councillors via Council’s Corporate Professional Indemnity Insurance Policy principally regarding claims to defend against complaints against Councillors conduct filed with the Office of the Independent Assessor.  A professional indemnity insurance claim triggers an insurance excess of up to $15,000 paid by Council. Council’s professional indemnity insurer is the Local Government Mutual Services Liability aligned to the Local Government Association of Queensland and is a mandatory insurance under the Local Government Act 2009.

The proposed amendment to the Policy has involved a review of similar policies and practices by other Councils and seeks to retain the independence of the insurance process for the Insurer to assess and manage claims whilst strengthening the transparency of the process to consolidate claim records, budget impact, financial forecasting and efficiencies, and annual reporting obligations.  For consistency, any amendments to the Policy on Legal Assistance will also require administrative changes to the Councillors Liability Insurance Guideline.

Attachment 1 identifies the amendments to the Policy as highlighted in summary include:

1.   Independence: The provision of legal assistance under the Policy must only use prequalified insurance panel lawyers, approved by the insurer.

2.   Recovery: Council reserves the right to refuse to pay or to recover legal costs directly from a Councillor or Employee if they claim contrary to this Policy; or provide false or misleading information regarding their claim; or start an action under the claim that is dismissed by a relevant authority (e.g. Court, Tribunal); or determined by a relevant authority to involve a form of misconduct or conduct breach.

Issues

Strategic Implications

Legislative Requirements

The Local Government Act 2009 defines the local government principles of transparency and good governance including the requirement to maintain Professional Indemnity Insurance. Councillor insurance is also part of the statutory Policy on Expenses Reimbursement and Provision of Facilities for Councillors as adopted under the Local Government Act 2009.

Risk Management

Corporate insurances are maintained by the Risk and Liability team. The amendments seek to balance the independence of an insurance assessment with good governance and transparency.

Financial

There are no direct financial impacts because of this report however indirectly seeks to resolve the risks around potentially costly legal proceedings.

People

There are no direct people impact because of this report.

Environmental

There is no direct environmental impact because of this report.

Social

There is no direct social impact because of this report.

Human Rights

There is no direct Human Rights impact because of this report as Councillors and Employees can continue to access professional indemnity insurance within reasonable limitations.

Alignment with Council's Policy and Plans

This report has a relationship with the following items of Council’s Our Future Redlands – A Corporate Plan to 2026 and Beyond: Efficient and effective organisation objectives.

7.1     Improve the efficiency and effectiveness of Council’s service delivery to decrease costs and enhance customer experience and community outcomes.

7.4     Demonstrate good governance through transparent, accountable processes and sustainable practices and asset management.

Consultation

Consulted	Consultation Date	Comments/Actions
Councillors and ELT	December	Communication Update
LGM Insurer	Various	Communication Update

Options

Option One

That Council resolves to adopt the changes to the Policy on the Provision of Legal Assistance for Councillors and Employees as outlined in Attachment 1.

Option Two

That Council resolves not to adopt or vary the changes to the Policy on the Provision of Legal Assistance for Councillors and Employees as outlined in Attachment 1.

Officer’s Recommendation

That Council resolves to adopt the changes to the Policy on the Provision of Legal Assistance for Councillors and Employees as outlined in Attachment 1.

PROCEDURAL MOTION Council Resolution 2024/264 Moved by:          Cr Julie Talty That the item lie on the table and be brought back later in this meeting. carried    10/1 Crs Jos Mitchell, Wendy Boglary, Peter Mitchell, Lance Hewlett, Shane Rendalls, Julie Talty, Rowanne McKenzie, Tracey Huges, Jason Colley and Paul Bishop voted FOR the motion. Cr Paul Gollè voted AGAINST the motion.

PROCEDURAL MOTION Council Resolution  2024/272 Moved by:          Cr Paul Bishop Seconded by:      Cr Rowanne McKenzie That the item be removed from the table. Carried    11/0 Crs Jos Mitchell, Wendy Boglary, Peter Mitchell, Paul Gollè, Lance Hewlett, Shane Rendalls, Julie Talty, Rowanne McKenzie, Tracey Huges, Jason Colley and Paul Bishop voted FOR the motion.

Council Resolution  2024/273 Moved by:          Cr Rowanne McKenzie Seconded by:      Cr Peter Mitchell That Council resolves to adopt the changes to the Policy on the Provision of Legal Assistance for Councillors and Employees as outlined in Attachment 1 “as amended”. Carried    11/0 Crs Jos Mitchell, Wendy Boglary, Peter Mitchell, Paul Gollè, Lance Hewlett, Shane Rendalls, Julie Talty, Rowanne McKenzie, Tracey Huges, Jason Colley and Paul Bishop voted FOR the motion.

 

 

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14          Reports from Advocacy, Major Projects and Economic Development

14.1       Annual Update John Fredericks Park

Objective Reference:   A11633172

Authorising Officer:     Christopher Isles, General Manager Advocacy, Major Projects & Economic Development

Responsible Officer:    Christopher Isles, General Manager Advocacy, Major Projects & Economic Development

Report Author:            Natasha Comber, Group Manager Economic Development & Investment

Attachments:               1.       John Fredericks Park Annual Update ⇩  

 

Purpose

To provide an update on the status of Council projects and services related to John Fredericks Park.

Background

At the General Meeting held on 13 September 2023, Council received a Notion of Motion relating to John Fredericks Park.

Council resolved as follows:

1.   To note that this motion seeks to provide visibility to the ongoing depth and breadth of projects and services being undertaken by Council for John Fredericks Park, Banfield Lane and surrounds in Capalaba to:

a.   Optimise investment in community sporting infrastructure, including car parking, through a property-led approach to land use optimisation and zoning via City Plan.

b.   Improve integration of John Fredericks Park with other parts of the Capalaba Principal Activity Centre, Capalaba Regional Park and Birkdale Community Precinct through regional green and active transport network connections.

c.   Ensure opportunities for inclusion of affordable housing in appropriate locations within the Capalaba Centre are leveraged.

d.   Contribute to the delivery of the Capalaba Master Plan Centre 2031 Vision, drawing together the themes of Sustainability, Connectivity, Social Diversity, Environment and Economic Vibrancy through proactive engagement with business and property owners in proximity of John Fredericks Park with a view to encouraging reinvestment and reinvigoration of the area.

2.   To note that this work is progressing as business as usual and that projects within the integrated program are subject to Council’s approval processes, including where relevant, through the 10-year operational and capital works program resource and budget deliberations.

3.   That updates be brought back yearly as to the progress of the integration of the programs and progress of the precinct.

This report, including Attachment 1, reflects activities undertaken by business areas across Council accountable for delivering services at John Fredericks Park, is provided in response to that Council resolution.

Issues

A coordinated approach to Precinct Management

As an integrated precinct, the strategic planning, maintenance and development of John Fredericks Park is delivered by numerous service areas across the organisation. To support effective precinct management and service delivery, service areas must engage and collaborate to ensure aligned strategic planning and efficient operational service delivery.

A cross-functional John Fredericks Park Working Group was established to support a more coordinated approach to considering and progressing challenges and opportunities at the precinct. Whilst some formal meetings have been held, engagement between service areas has predominantly occurred between teams at an operational level.

A more structured, strategic approach to tabling, prioritising and resourcing initiatives would strengthen the approach, and likely increase the speed in which challenges are addressed, and opportunities are realised. It would also assist in articulating agreed priorities based on precinct needs not service areas.

Progress update

As summarised in Attachment 1, progress has been made on elements of the precinct, in addition to agreed operational services and asset management.

An ongoing coordinated, cross-organisation effort will support progression of initiatives in 2025.

Strategic Implications

Legislative Requirements

There are no legislative requirements associated with this report. 

Risk Management

Failure to work in partnership with stakeholder to effectively manage the precinct would inhibit useability of the site, safety in the precinct, facility maintenance and long-term asset management.

Financial

Services provided at John Fredericks Park for 2024-2025 are met within existing operational budget.

Asset planning is met through the 10-year capital program.

People

Service delivery at John Fredericks Park is undertaken by number of groups within Council including Property, Environment and Regulation, Communities, Infrastructure Asset Planning, City Assets, City Planning and Assessment and Economic Development and Partnerships.

Environmental

No environmental implications are associated with this report.

Social

Key stakeholders are engaged in the development and delivery of services for John Fredericks Park.

Human Rights

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

Alignment with Council's Policy and Plans

Management of John Fredericks Park supports delivery of:

·     Our Future Redlands – A Corporate Plan to 2026 and Beyond - Thriving Economy Objective:  6.1 Increase the city’s productivity and economic growth through the delivery of infrastructure and well-planned, vibrant, connected precincts and centres.  

·     Capalaba Master Plan Centre 2031 

CONSULTION

 

Consulted	Consultation Date	Comments/Actions
Service Manager, City and Open Space Asset Management	25 November 2024	Team provided detail of works / projects at John Fredericks Sports Ground.
Group Manager, Communities	29 November 2024	Team provided detail around engagement with sporting clubs.
Strategic Property Manager, Environment and Regulation	22 November 2024	Provided detail of due diligence activates undertaken in the last twelve months in relation to John Fredericks Park.
Councillor Division 8	3 December 2024	Discussed scope of report to ensure alignment of expectations.

Options

Option One

That Council resolves as follows:

1.       To note this report and attached summary of services and initiatives delivered within the John Fredericks Park precinct.

2.       To note that officers will bring a report to Council summarising initiatives delivered in 2025.

Option Two

That Council resolves as follows:

1.       To note this report and attached summary of initiatives delivered within the John Fredericks Park precinct.

2.       To request further information about John Fredericks Park.

 

Officer's Recommendation/Council Resolution  2024/267 Moved by:          Cr Tracey Huges Seconded by:      Cr Jason Colley That Council resolves as follows: 1.    To note this report and attached summary of services and initiatives delivered within the John Fredericks Park precinct.  2.    To note that officers will bring a report to Council summarising initiatives delivered in 2025.   Carried    11/0 Crs Jos Mitchell, Wendy Boglary, Peter Mitchell, Paul Gollè, Lance Hewlett, Shane Rendalls, Julie Talty, Rowanne McKenzie, Tracey Huges, Jason Colley and Paul Bishop voted FOR the motion.

 

 

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14.2       Annual Update on Cleveland Principal Activity Centre

Objective Reference:   A11633181

Authorising Officer:     Christopher Isles, General Manager Advocacy, Major Projects & Economic Development

Responsible Officer:    Christopher Isles, General Manager Advocacy, Major Projects & Economic Development

Report Author:            Natasha Comber, Group Manager Economic Development & Investment

Attachments:               1.       Cleveland Program Update ⇩  

 

Purpose

To provide an update on the status of Council projects and services relating to the Cleveland Principal Activity Centre.

Background

Cleveland Master Plan

The Cleveland Centre Master Plan was adopted in 2010 and provides a long-term vision to guide growth and development in the Cleveland centre over the next 20 years and beyond. Whilst implementation approaches have altered in the years since the Master Plan was adopted, the intent of the Plan, namely the broad level strategies identified within, continue to being delivered on. These include:

·        Place Management strategy

·        Cleveland centre character areas

·        Land use

·        Urban form

·        Public realm

·        Movement

·        Open space

·        Community

Council resolution

At the General Meeting held on 15 November 2023, Council received a Notion of Motion relating to the Cleveland Principal Activity Centre.

Council resolved as follows:

1.       To provide visibility and support to the planning and implementation of projects and services being undertaken by Council, in relation to the Cleveland Principal Activity Centre. To that end, Council will recommit to delivering on the Cleveland Centre Master Plan, with a focus on its vision for Cleveland, and prioritise its delivery through a well-coordinated, place-based approach.

2.       In delivering the Cleveland Centre Master Plan’s vision for Cleveland, Council will resolve to:

(a)       Support officers continuing to work with the local business community to coordinate a program of business-led activation in the Cleveland Principal Activity Centre.

(b)       Require Council officers to deliver the Cleveland Centre Master Plan through a well-coordinated, place-centred approach.

(c)        Align consideration of funding requirements for delivery of the master plan’s outcomes, with the usual budget approval processes.

(d)       Require Council officers to report to Council annually on progress in delivering the intent of the Cleveland Centre Master Plan to inform the community and assist annual planning.

This report, including Attachment 1, reflects activities undertaken by business areas across Council accountable for delivering initiatives under the Cleveland Master Plan 2010, is provided in response to that Council resolution.

Issues

A coordinated approach to Centres Management

Local governments have accountability for stimulating needed investment, leading strategic planning and facilitating activation to best ensure vibrant centres that deliver economic and social benefit. This also includes operational management of key assets within city centres.

There is much value in ensuring a coordinated and transparent approach to any centre management and development, not only across the related services areas of Council, but with local businesses, industry stakeholders and community.

Focus on Cleveland Principal Activity Centre

To support the implementation of initiatives focused on the activation of Cleveland, in June 2023, Council’s Economic Development & Partnerships (EDP) Group contracted Fourfold Studio and Vee Design to assist in engagement and opportunity identification.

As part of this project, the consultants conducted three (3) workshops and one-on-one interviews with a number of businesses, developers and other stakeholders. The workshops and interviews assisted in developing the:

·        Place Values: The vision for the revitalisation of the Cleveland Town Centre is guided by a set of local place values that capture the core truths and unique identity of Cleveland. These values reflect the unique character and aspirations of Cleveland and serve as a foundation for creating a vibrant and thriving town centre.

·        Place Drivers: Place drivers emerged as the guiding principles for the future revitalisation of Cleveland Town Centre. The place drivers capture the collective aspirations and vision of stakeholders and guiding the development of the quick-win projects.

Working with the consultant, stakeholders also identified and prioritised projects that helped inform Council’s placemaking program in 2024-2025. These projects, in addition to precinct planning, property and development activities, and precinct infrastructure management, are captured in this report.

 

Continuous improvement for Centres Management

An internal review of the Centres Management Program, which includes the Cleveland Principal Activity Centre, is underway. The review will examine the degree to which program outcomes and objectives are being achieved and whether change to the program could improve its efficiency and effectiveness. Evidence will be gathered from multiple sources involving a scan of program documentation, operational data, and consultation with key stakeholders.  

The review findings and recommendations will be informed by an evaluation of relevant good practices in national literature. It is anticipated the review will be completed early 2025.

The review is a deliverable of the 2024-2025 Operational Plan (Catalyst Project 6.6). Outcomes of the review will be used to inform future planning and resource allocation. In addition Council is actively investigating a new Precincts approach to the planning and delivery of services in emerging places and precincts across the city. 

Strategic Implications

Legislative Requirements

There are no legislative requirements associated with this report.

Risk Management

Failure to work in partnership with the business community, and other levels of government would inhibit delivery and success of the Centres Management Program. 

Financial

The Centres Management Program for 2024-2025 is met within existing operational budget.

As outlined earlier in this report, a Centres Management Program Review is being undertaken, which will inform future resourcing requests for Council’s consideration as part of the Budget development process.

People

Council’s Economic Development and Partnerships Group are delivering the Centres Management Program utilising existing resources.

Environmental

No environmental implications are associated with this report. 

Social

Centre management efforts aim to ensure vibrant, safe and sustainable centres to provide social and economic benefits to community and visitors.

Human Rights

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

Alignment with Council's Policy and Plans

This report is consistent with the following objectives listed in Our Future Redlands – A Corporate Plan to 2026 and Beyond (the Corporate Plan).

 

 

The Cleveland Centre’s Planning Program supports delivery of:

·        Our Future Redlands – A Corporate Plan to 2026 and Beyond - Thriving Economy Objective:  6.1 Increase the city’s productivity and economic growth through the delivery of infrastructure and well-planned, vibrant, connected precincts and centres.  

·        Redland City Economic Development Framework 2014-2041 

·        Cleveland Master Plan 2010 

Consultation

Consulted	Consultation Date	Comments/Actions
Councillors and Executive Staff	4/11/2024	Team provided update on initiatives the Economic Development and Partnerships Group were leading at a Councillor Workshop, agenda item ‘Cleveland Revitalisation Update’.
Acting Group Manager, City Planning and Assessment	19/11/2024	Team provided a list of development applications lodged and approved recently and detail of Cleveland Centre Local Area Transport Plan.
Principal Advisor, City Operations	19/11/2024	Team provided a list of operational activities and initiatives implemented in the Cleveland CBD area that contribute to the management and presentation of the principal activity centre.
Strategic Property Manager, Environment and Regulation	22/11/2024	Provided detail of the last twelve months of work to understand future use opportunities in Cleveland.
Program Manager Place Development, Economic Development and Partnerships	19/11/2024	Team has provided a list of activity that drive outcomes aligned with delivering the intent of the Cleveland masterplan and place-making initiatives.
Group Manager, Communities	19/11/2024	Team provided detail around increased safety measures at the library.
Program Manager, Infrastructure Asset Planning, City Assets	19/11/2024	Provided a list of CAPEX works planned for the next twelve-months.
Group Manager, Customer and Cultural Services	19/11/2024	Team provided information on patronage, revenue generation and programming.
Councillor Mitchell, Councillor Division 2	2/12/2024	Discussed scope of report to ensure alignment of expectations.

 

 

Options

Option One

That Council resolves as follows:

1.       To note this report and attached summary of initiatives delivered within the Cleveland Principal Activity Centre. 

2.       To note that officers will continue to deliver initiatives that align with the intent of the Cleveland Centre Master Plan.

3.       To note that officers will bring a future report to Council summarising initiatives delivered in 2025.  

Option Two

That Council resolves as follows:

1.       To note this report and attached summary of initiatives delivered within the Cleveland Principal Activity Centre. 

2.       To request further information about the Centres Management approach.

Officer's Recommendation/Council Resolution  2024/268 Moved by:          Cr Peter Mitchell Seconded by:      Cr Rowanne McKenzie That Council resolves as following: 1.       To note this report and attached summary of initiatives delivered within the Cleveland Principal Activity Centre. 2.       To note that officers will continue to deliver initiatives that align with the intent of the Cleveland Centre Master Plan. 3.       To note that officers will bring a future report to Council summarising initiatives delivered in 2025.   Carried    11/0 Crs Jos Mitchell, Wendy Boglary, Peter Mitchell, Paul Gollè, Lance Hewlett, Shane Rendalls, Julie Talty, Rowanne McKenzie, Tracey Huges, Jason Colley and Paul Bishop voted FOR the motion.

 

 

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15          Reports from Community & Customer Services

15.1       Community Facility Update - Former RSL on NSI and new SMBI youth and community centre

Objective Reference:   A11604586

Authorising Officer:     David Jeanes, Acting General Manager Community & Customer Services

Responsible Officer:    Brooke Denholder, Group Manager Communities

Report Author:            Larissa Godfrey, Strategic Advisor Social Planning

Attachments:               Nil

 

Purpose

To provide an update on two future community facility sites.

1.       23-27 Mallon Street Dunwich, Minjerribah/North Stradbroke Island (NSI) and the associated offer from the Department of Resources for Council to become trustee, following the Returned and Services League (RSL) relinquishing the site.

2.       32-40 High Central Road, Macleay Island, and the recent awarding of a $1million State Government grant towards construction of a new youth and community centre.

Background

Former RSL NSI/Minjerribah – 23-27 Mallon Street, Dunwich/Gumpi

The RSL NSI previously occupied 23-27 Mallon Street Dunwich (Figure A) through a Deed of Grant in Trust for the sole purpose of a Soldiers Memorial Hall. The RSL ceased operations in January 2022 and recently wrote to the Department of Resources (DoR), to request the surrender of its trusteeship.

Following consideration of this matter at the General Meeting of 21 August 2024, Council resolved to submit an expression of interest to the State Government to be appointed as the new trustee and to seek an expansion of the acceptable uses (community purposes) so that the building could continue to operate for the benefit of the community. DoR has subsequently written to offer Council the new trusteeship and advised that the acceptable uses on site will include community purposes. Council’s Group Manager Communities has an existing delegation to sign the trusteeship and intends to exercise this delegation pending Council’s adoption of this report.

Issues

This offer represents a rare opportunity for Council to provide services as there is limited available land for Council operations on NSI. Developable land parcels of around 1,800m², in proximity to the Dunwich town centre and which do not require remediation (due to not being used to store mineral sands), are not available to purchase. The site is in a low density residential zone totaling 1,798m², and is a 500m walk from the Junner Street ferry.

Consultation has been undertaken with internal Council business areas including Parks and Conservation, Libraries, Disaster Management, Facilities Services, Communities, Strategic Property and Legal Services. The existing building could be utilised in the short term for a community hub with a range of temporary offerings such as arts and culture, disaster management, a bookable meeting/activity space, and a community group office space. In the medium to long-term a replacement building could serve as a more fit-for-purpose community hub with a library.

It is intended that Council seeks grant funding to contribute towards the long-term structure as it would be servicing an isolated island community with a significant Indigenous population. Funding may be available from State Government sources such as Libraries Queensland and Queensland Disaster Management. There are also funding streams currently available from the Federal Government.

Figure A: Image of former RSL 23-27 Mallon St Dunwich

Next Steps

·      Condition assessment of existing building.

·      Cleaning and repair to secure and make the existing building safe.

·      Investigation (including external stakeholder consultation) of community purpose uses for existing building and site into the future.

·      Inclusion of site in the Local Government Infrastructure Plan (Land for Community Facilities network).

·      Development of business case and associated grant applications for replacement building.

Background

New Southern Moreton Bay Islands (SMBI) Youth and Community Centre - 32-40 High Central Road Macleay Island

A new Youth and Community Centre is planned for vacant land within the Community Precinct at 32-40 High Central Road, Macleay Island. This land is in Council ownership and zoned Community Facilities (CF2). The Macleay Island Community Hall and Blue Care Respite Centre (Council leased facility) are co-located on this site. A Youth and Community Centre is an identified need on SMBI due to a range of factors, including:

·      SMBI having a high proportion of young people disengaged from education or employment (24.4% compared to SEQ 9%).

·      Geographic isolation, lower incomes, levels of unemployment and financial stress indicators increasing the social need for support beyond the relative size of the SMBI population (8,601 people in 2023).

Issues

Whilst the Islands are serviced with local halls, there is a need for multipurpose spaces with bookable meeting and counselling rooms for mainland service outreach, supporting the diversity of community needs.  A Youth and Community Centre will also function as a community enabler to assist local active groups (youth, veterans, heritage) to continue providing services and to expand their current offering. The SMBI Chamber of Commerce has also included a community space in this location in its short list of desired projects.

This project is included in the revised schedule of works for the Local Government Infrastructure Plan (LGIP part 4 schedule 3 of the City Plan) as SMBI (Macleay Island) Basic site preparation and connection to services to provide Local Community Centre Extension 2021-2026.

In October 2024 Council was advised that it was successful in its grant application, being awarded $1million in State Government funding for the construction of the SMBI Youth and Community Centre. The indicative building cost is approximately $600,000 and the cost of transportation, labour, some site works and project management is approximately $400,000. Additional site works and servicing can be funded from Council’s Land for Community Facilities Trunk Infrastructure Reserve.

Community consultation was undertaken from 3 September to 8 October 2024 involving a market stall, youth engagement, social media posts, posters, signs, brochures, webpage and survey (Figure B). The majority (70%) of respondents to the survey (51 out of 73) were in favour of the proposal. Respondents who were not in favour preferred that funds be spent on road upgrades, sports fields and parking. Community feedback included that the centre needed to be different from a hall and be an activated space, providing opportunities for education and training. Discussions have been undertaken with TAFE Qld regarding building and kitchen design to facilitate courses such as general education, hospitality and bakery.

Figure B: Image of consultation material for new Youth and Community Centre - September 2024

Next Steps

·      Lodge Development Application in conjunction with design tender 2024-2025 ($200,000 is allocated in Council’s 2024-2025 adopted budget for planning and design).

·      Building approval 2025.

·      Construction 2025-2026 $1million approved State Government Grant which is expected to fund the majority of construction costs. There is also $1million in Council’s proposed 2025-26 capital budget that will be subject to Council prioritisation and approval. This was included prior to the awarding of the grant. Some of this proposed funding could be utilised for project contingencies related to construction on the island. There is also access to Local Government Infrastructure Plan (LGIP) funds for site works as required.

Strategic Implications

Legislative Requirements

Planning and building works will be undertaken in accordance with the Planning Act 2016 and Building Act 1975.

Risk Management

Former RSL: Although the current building requires upgrading, the site has significant medium and long-term potential to provide services and facilities for the NSI community. Should Council decide that the site does not meet its operational requirements the trusteeship can be resigned by correspondence to the DoR at any time.

Former RSL and SMBI Centre: Community consultation will ensure that the community is given the opportunity to provide feedback on building design and uses.

Financial

Former RSL: In the short term there will be costs to undertake a building assessment and clean and repair. The building will ideally be replaced by a new structure for which grant funding will be sought.  Expenditure will be addressed as part of a budget/budget review process in 2025-2026.

SMBI Centre: As outlined in this report, construction costs in 2025-2026 will utilise the $1million approved State Government Grant. Expenditure is subject to being adopted as part of the 2025-26 capital program.

People

The staff resourcing required to deliver the next step for these projects will be primarily drawn from the Community and Customer Services Department.

Environmental

There are no environmental constraints and the building areas are not covered by planning scheme overlays that may constrain development (e.g. flood, bushfire).

Social

Social issues where relevant have been discussed in this report.

Human Rights

The proposals do not contravene the Human Rights Act 2019.

Alignment with Council's Policy and Plans

The proposals are aligned with Council’s policies and plans.

Consultation

Former RSL Site - Consulted	Consultation Date	Comments/Actions
Minjerribah Moogumpin (Elders-In-Council) Aboriginal Corporation	22 November 2024	Ultimate preference for site to be transferred to inalienable freehold. Support addition of ‘community purposes’ to allow additional uses on site (priorities are youth, counselling, training space); support local veterans continued use of site. Support ongoing consultation with Council to explore collaborative partnership approach, including leasing arrangements.
Group Manager Communities; Group Manager Customer and Cultural Services; Service Manger Library Services; and Service Manager Strengthening Communities	5 August 2024	Request to become trustee supported.
Strategic Property Manager; and Service Manager Parks and Conservation	2 August 2024	Consulted.
Principal Strategic Planner	2 August and 22 July 2024	Additional information provided.
Service Manager Facilities Services	18 July 2024	Concerns raised about condition, compliance and structural integrity of current building.
Service Manager Disaster Management	12 and 15 July, 20 November 2024	Request to become trustee supported. Use for Disaster Recovery supported.
Service Manger Legal Services	8 July and 25 October 2024	Request to become trustee supported, advice provided on delegation.
Councillor Division 2	June and November 2024	Consulted.
SMBI Community Centre - Consulted	Consultation Date	Comments/Actions
Group Manager Communities; Manager Customer and Cultural Services; Service Manger Library Services; and Service Manager Strengthening Communities	4 September 2024	Consulted.
Strategic Property Manager; Service Manager Health and Environment	4 September 2024	Consulted.
Group Manager City Planning and Assessment; Group Manager Environment and Regulation and Principal Strategic Planner	4 September 2024	Advice on Development Application provided.
Service Manager Infrastructure Projects, Service Manager Design and Technical Projects; Service Manager Facilities Services	4 September 2024	Consulted.
Service Manager Infrastructure Projects	4 September and 6 November 2024	Consulted. Advice provided on Design and construction tender options.
Service Manager Disaster Management	4 September and 20 November 2024	Use for Disaster Recovery supported.
Councillor Division 5	4 September and 21 November 2024	Consulted.

Options

Option One

That Council resolves to note the report.

Option Two

That Council resolves to request further information.

Officer's Recommendation/Council Resolution  2024/269 Moved by:          Cr Shane Rendalls Seconded by:      Cr Peter Mitchell That Council resolves to note the report. Carried    11/0 Crs Jos Mitchell, Wendy Boglary, Peter Mitchell, Paul Gollè, Lance Hewlett, Shane Rendalls, Julie Talty, Rowanne McKenzie, Tracey Huges, Jason Colley and Paul Bishop voted FOR the motion.

 

15.2       MCU22/0155 Material Change of Use for Warehouse at 652-676 German Church Road, Redland Bay

Objective Reference:   A11659588

Authorising Officer:     David Jeanes, Acting General Manager Community & Customer Services

Responsible Officer:    Michael Anderson, Acting Group Manager City Planning & Assessment

Report Author:            Daniel Manathunga, Planning Officer

Attachments:               1.       Proposal Plans ⇩

2.       Locality and Zoning Plan ⇩

3.       Economic Need Impact Assessment ⇩

4.       Landscaping Concept Plan ⇩

5.       Engineering Services Report ⇩

6.       Dam Stability Report ⇩

7.       Flood Report ⇩

8.       Bushfire Management Plan ⇩

9.       Traffic Letter ⇩

10.     Reasons for Refusal ⇩

11.     Wastewater Plan ⇩

12.     Electrical Letter ⇩

13.     Development Conditions ⇩  

 

Purpose

To refer this application to a General Meeting of Council for determination at the request of the Divisional Councillor (Division 6). It is recommended that Council resolves to refuse the application.

Background

Council has received a development application on land described as Lot 1 on RP221100 and situated at 652-676 German Church Road, Redland Bay 4165 seeking a development permit for a material change of use for warehouse (self-storage facility).

The owner of the property is Pryde Earthmoving & Excavations Pty Ltd as Trustee. The applicant is Pryde Earthmoving & Excavations Pty Ltd care of Kevin Holt Consulting.

The statutory decision due date is 18 December 2024 for the development application.

The assessment of the application has occurred in line with the assessment framework outlined in the Planning Act 2016 (PAct). The key issues identified in the assessment are:

1.         Consistency with the South East Queensland Regional Plan

2.         Consistency with City Plan

3.         Relevant matters

4.         Rural character of the locality

5.         Stormwater

6.         Flood

7.         Ecological impacts

8.         Bushfire

9.         Traffic impact

10.       Amenity

11.       Earthworks

12.       Infrastructure

13.       Wastewater and electrical service

14.       Extractive resources

Issues

Proposal

The development application seeks a development permit for a material change of use for a warehouse operating as a self-storage facility as summarised in Table 1 below (refer Attachment 1). The proposed storage facility is proposed to operate from three (3) industrial scale buildings and a fenced open-air storage area intended for the storage of boats, caravans and trailers for residential and business needs.

Parameter	Proposed
Buildings	Three (3) buildings - two storey or 8.1m in height and one (1) open area storage area
Development footprint	10,464m2 or 5.04% of the site
Gross floor area	6,246m2
Setbacks	Front: 9.1m Side: 10m (east) Rear: 558m (north) approximately
Operating hours	5:30am to 7:30pm
Waste management	Onsite collection adjoining Building B
Fire fighting	400,000 litre storage tanks onsite located under the open-air storage area
Wastewater	3,200 litre septic tank adjoining Building B
Electricity	Proposed solar energy to service the development

Table 1: Development summary

Site and Locality

The subject site is located on the northern side of German Church Road, situated on a single lot with a site area of 20.75 hectares (207,500m²).  The subject site contains a range of buildings and structures, used for caretaker accommodation (340m²), maintenance shed (1,163m²), dwelling house (823m²) and utility shed (584m²) situated throughout the subject site (refer Attachment 2).

Dense vegetation exists along the road frontage to German Church Road and central to the site, situated around the dwelling house, which sits on the elevated part of the site. Three (3) existing dams provide for an overland flow path through the site running north-south connecting to the wider catchment.

The topography of the site generally slopes towards the street frontage towards the rear south-eastern corner of the property between 30-80.5m Australian Height Datum (AHD).

Access is derived from an unformed driveway within the road verge connecting to German Church Road which is a Council-controlled arterial road.

Adjoining the site is the Redland Business Park towards the east and rural/conservation zoned land towards the north, west and south. Land towards the west is heavily vegetated with single dwelling houses and covenants registered to protect vegetation. The wider locality is characterised by a range of development as depicted within Attachment 2.

 

Planning History

MC012238 - Dwelling house

On 18 November 2010, Council approved a dwelling house on the north-east hilltop of the premises, including conditions requiring the removal of an existing dwelling in the south-west corner of the site.

Figure 1: Site plan (left) and dwelling (right)

A condition of the approval required the caretaker’s accommodation to be removed prior to use commencing.

MCU18/0231 - Extension to currency period for MC012238

On 10 October 2014 and 12 November 2018, Council granted an extension to the currency period for the existing development approval for a dwelling house. The currency period lapsed on 10 October 2024, including the COVID extensions granted by the Planning Minister.

SC005307 - Show Cause

Council issued a show cause notice to the applicant for unapproved filling onsite, which was subsequently closed due to the submission of an operational works approval (OPW21/0002).

OPW21/0002 - Excavation and fill

On 23 March 2021, Council approved earthworks over part of the premises to facilitate two (2) level pads and works to stabilise the existing dam located in the northern part of the site (Figure 2). Earthworks were proposed by the applicant to achieve the following:

·   Stabilise onsite dam located in the north-east of the site.

·   Create a level pad at the south for the storage of surplus farming equipment.

·   Create a level pad at the north for a future horse arena.

·   Proposed works along the existing gravel road consisting of minor earthworks to repair potholes and reinstate areas surrounding the internal driveway.

Figure 2: OPW approved site plan

BX328880 - Dwelling house and pool

Building approval was granted for a dwelling house and pool located central to the site located in a similar location as the previously approved dwelling (MC012238). The building is under construction with the use of dwelling not yet commenced and has potentially lapsed.

Assessment Framework

The application has been made in accordance with the Planning Act Development Assessment Rules and constitutes an application for a material change of use under the City Plan.

In accordance with section 45 of the Planning Act 2016:

‘(5)  An impact assessment is an assessment that—

(a)   must be carried out—

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

(ii)   having regard to any matters prescribed by regulation for this subparagraph; and

(b)   may be carried out against, or having regard to, any other relevant matter, other than a person’s personal circumstances, financial or otherwise.

Examples of another relevant matter—

·   a planning need

·   the current relevance of the assessment benchmarks in the light of changed circumstances

·   whether assessment benchmarks or other prescribed matters were based on material errors

 (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 30 of the Planning Regulation 2017, relevantly, identifies that:

‘(1)  For section 45(5)(a)(i) of the Act, the impact assessment must be carried out against the assessment benchmarks for the development stated in schedules 9 and 10.

(2)   Also, if the prescribed assessment manager is the local government, the impact assessment must be carried out against the following assessment benchmarks—

(a)   the assessment benchmarks stated in—

(i)    the regional plan for a region; and

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

(iii)  a temporary State planning policy applying to the premises;

(b)   if the development is not in a local government area—any local planning instrument for a local government area that may be materially affected by the development;

(c)   if the local government is an infrastructure provider—the local government’s LGIP.

(3)   However, an assessment manager may, in assessing development requiring impact assessment, consider an assessment benchmark only to the extent the assessment benchmark is relevant to the development.’

Section 31 of the Planning Regulation 2017 identifies that:

‘(1)  For section 45(5)(a)(ii) of the Act, the impact assessment must be carried out having regard to—

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

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

(i)    the regional plan for a region; 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)   development approval for, and any lawful use of, the premises or adjacent premises; and

(g)   common material.

(2)   However—

(a)   an assessment manager may, in assessing development requiring impact 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(5) of the Planning Act 2016, the application was assessed against the following applicable assessment benchmarks.

 

City Plan Version 7- the whole planning scheme with emphasis on the following:

1.    Strategic framework

2.    Rural zone code

3.    Healthy waters code

4.    Infrastructure works code

5.    Landscape code

6.    Transport, servicing, access and parking code

7.    Bushfire hazard overlay code

8.    Environmental significance overlay code

9.    Extractive resources overlay code

10.  Flood and storm tide hazard overlay code

11.  Landslide hazard overlay code

12.  Waterways corridors and wetlands 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 Planning Act 2016, Council had regard to the following matters in its assessment of the application:

·   Common material

·   State Assessment Referral Agency advice (not referral response)

·   South East Queensland Regional Plan 2023

·   City Plan Version 12

·   Public submissions

Comments received

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

External comments received

State Assessment & Referral Agency (SARA)

SARA provided advice confirming that no response had been given before the end of the referral period stated in the Development Assessment Rules. Consequently, the agency is taken to have given a response that the agency has no requirements for, or advice about, the application.

Public notification

The application was publicly notified for 15 business days from 24 November to 15 December 2023.  A notice of compliance for public notification was received on 18 December 2023.

There were two (2) properly made submissions received during the notification period.

The following planning matters were raised in the written submissions received, including:

·    No overriding economic, community and planning need established to support the development.

·    Conflict with the rural zone code which does not anticipate a warehouse land use outside the urban area.

·    Conflict with the South East Queensland Regional Plan 2017 which seeks to protect inappropriate development such as urban and rural residential development outside of the urban footprint.

·    Flood and stormwater impacts associated with the amount of hardstand associated with the development.

·    Insufficient infrastructure to service development outside of the urban footprint.

·    Ecological impacts to koala habitat and fragmentation of ecological corridors to surrounding locality.

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

·    Economic development

·    Strategic planning unit

·    Plumbing and drainage

·    Infrastructure planning and charging unit

·    Development control unit

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

 

Decision Making Rules

Section 60 of the Planning Act 2016 states that:

(3)   To the extent the application involves development that requires impact assessment, and subject to section 62, the assessment manager, after carrying out the assessment, must decide—

(a)   to approve all or part of the application; or

(b)   to approve all or part of the application, but impose development conditions on the approval; or

(c)   to refuse the application.

(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

Consistency with the South East Queensland Regional Plan (SEQRP)

SEQRP 2017

At the time the development application was properly made the SEQRP 2017 was in effect and the development must be assessed against it. As depicted within Attachment 2, the proposed warehouse (urban development) is situated entirely within the Regional Landscape and Rural Production Area (RLRPA) under the SEQRP 2017.  The intent of the RLRPA is detailed below [emphasis added]: 

‘The intent of the RLRPA is to:

·   protect the values of this land from encroachment by urban and rural residential development

·   protect natural assets and regional landscapes, and ensure their sustainable use and management

·   support development and economic growth of rural communities and industries.

The RLRPA is to be protected from inappropriate development, particularly urban and rural residential development.

The use of the land in the RLRPA for a warehouse and self-storage facility use is not anticipated or encouraged by the SEQRP 2017 and is contrary to the intent to protect the land from encroachment by urban development.

By way of contrast, the SEQRP 2017 further prioritises urban development within the urban footprint seeking to achieve the following principles [emphasis added]:

‘2 The Urban Footprint promotes a compact settlement pattern and consolidates urban development within established communities.’

‘3 Opportunities to increase the capacity of the Urban Footprint take priority over expanding its boundaries in subsequent regional plan review processes.’

A clear strategic intent is that urban development is consolidated within the urban footprint and that opportunities to increase the capacity of the urban footprint takes priority over expanding its boundaries. Approval of the development outside the urban footprint is contrary to this strategic intent.

SEQRP 2023

As the SEQRP 2023 has taken effect since the development application was properly made, weight can be afforded to the new SEQRP 2023, in accordance with section 45(8) of the Planning Act 2016. Three (3) key changes in the SEQRP relevant to consideration of this development are applicable:

·    SEQRP 2023 has resulted in an uplift in the population projections for the Redlands which has a causal link to increased need for employment land in the city.

·    Southern Thornlands Potential Future Growth Area originally intended to accommodate employment land has been expanded to include residential development.

·    Land to the north of the existing Redlands Business Park has been included in the urban footprint.

These significant policy changes will impact future changes to City Plan, in particular, availability of industrial and employment zoned land in the medium to long term. However, in both versions of the SEQRP the subject land is located outside of the urban footprint.

Consistency with City Plan

Under City Plan, the site is located within the rural zone, which seeks that the productive capacity of the land is maintained and use of the land has a direct nexus with and adds value to its primary production activities. Other enterprises are only established where they require a non-urban setting or isolation from urban activities. This land use intent is replicated in the performance outcomes and overall outcomes of the rural zone code below.

Overall outcome

(a) ‘the productive capacity of rural land is maintained, whether or not the land is identified as agricultural land class A or B;

(b) development that has a direct nexus with, and adds value to, primary production activities is accommodated, including rural industries, wholesale nurseries and wineries;

(c) other uses may occur where they require a rural location or separation from urban areas. These may include certain industries, agricultural supplies stores, bulk landscape supplies and garden centres;’

PO4
‘Development does not prejudice the ongoing operation or expansion of nearby farming activities.’

PO7
‘Other enterprises are established only where they:

(1)  require a non urban setting or need to be isolated from urban activities; and

(2)  will not adversely impact on urban areas.’

The proposed warehouse development is for a self-storage facility predominantly servicing urban areas and is considered to conflict with the above assessment benchmarks of the rural zone code based on the following:

·    Development will repurpose approximately 1 hectare of the site for urban/industrial purposes, which cannot be readily reversed to accommodate agricultural productive condition, intended to be maintained by the rural zone.

·    The nature and scale of the warehouse use as a self-storage facility is dependent on urban areas providing a place to store residential and business-related items and therefore does not require a non-urban setting.

The proposal therefore does not achieve compliance with PO4 and PO7 of the zone code, overall outcome (a), (c) and (e) of the rural zone code and section 3.4.1.10 (1) and (2) of the strategic framework, which seek complementary uses to rural activities and other enterprises requiring a non-urban setting.

 

Relevant Matters 

Given that conflicts with the SEQRP 2017, SEQRP 2023 and City Plan have been identified, regard may be given to relevant matters, under section 45(5)(b) of the Planning Act 2016. Examples of a relevant matter may include an overriding planning need, significant planning policy change or the relevance of an assessment benchmark in light of changed circumstances and the like, which advance the community benefit.

Councillors will need to consider whether significant weight should be afforded to any identified relevant matters to overcome the identified conflict with the SEQRP and City Plan zoning and strategic intent.  Relevant matters are considered below.

Planning need

The applicant provided an Economic Need and Impact Assessment (ENIA) to be considered as a relevant matter in support of the development. This was undertaken by Foresight Partners and is included in Attachment 3. Council officers engaged an independent expert to undertake a peer review of the ENIA, to ascertain whether the report took into account reasonable criteria and provide an opinion whether an overriding planning need for the development could be supported.

It is well founded (as supported in planning case law) that planning need relates to three (3) defined aspects, namely:

·     Economic need: whether or not there is an existing or short term latent unsatisfied demand for the proposed development that cannot be met by existing, approved or designated sites.

·     Community need: whether or not the proposed development addresses a deficiency in choice, convenience or competition within the relevant market.

·     Planning need: whether or not the planning scheme can accommodate the identified economic or community need.

The ENIA defined the main trade area (MTA) associated with a self-storage facility in this location, which typically is founded on a 20-30 minute drive from the subject site, encompassing Redland Bay, Victoria Point and Sheldon-Mount Cotton (Figure 3). The independent expert agreed that the trade area was reasonable.

Figure 3: Trade catchment area

Findings from the ENIA conclude that the following is relevant:

Economic Need

·     Economic need for the proposed development is demonstrated by the following:

o  Four (4) self storage facilities within the defined MTA, all of which are well-below the average facility size.

o  Local demand for storage facilities in the MTA likely comprise 55% business demand and 45% resident demand, with an additional 10% total demand likely from external sources outside of the MTA.

o  It is estimated that there was demand for around 9,600m2 of self-storage floorspace in the MTA in 2023. This is expected to increase to around 9,860m2 by 2025, and 11,214m2 by 2035. Estimated demand is well in excess of the floorspace (and units) supplied at the existing facilities within the MTA, indicating a strong and significant need for additional facilities.

o  Without the proposed development there is a shortfall of 5,900m2 of storage floorspace in the MTA.

Community Need

·     Community benefits of the proposal include:

o  The provision of a self-storage facility in the area for local residents and businesses, who are currently limited in their choice of local self-storage facilities.

o  A modest number of construction jobs will be supported during the construction phase, and on-going employment will be supported once the proposed development is operational.

o  Increased choice, competition, and convenience in storage facilities for trade area residents and businesses.

o  Improved availability of storage facilities in a significantly constrained market demonstrated by the significant current undersupply of storage floorspace.

Planning Need

·     An assessment of planning need revealed the following:

o  Two (2) suitably zoned potential alternative sites were identified:

§ 872-880 German Church Road is of an insufficient size to accommodate the proposed development (or a storage facility of similar scale) with storage units and vehicle storage. This is evidenced by the applicant’s sale of this property to pursue a larger site capable of accommodating a larger storage facility. 

§ Lot 59 Jardine Drive, Redland Bay is for sale at a price that would likely undermine the viability of a self-storage development outcome. Furthermore, access to this site (within Redlands Business Park) is limited to 6am to 6pm, meaning that a facility at this site would be unable to operate 24 hours per day, as per the proposal and generally expected in modern self-storage facilities.

The independent expert engaged by Council yielded a more conservative approach reducing the likelihood of passing trade using the development given its locational context in the outer suburbs. Consequently, demand for 8,611m² of floorspace can be supported. However, Council officers do not agree that the economic and community need cannot be accommodated within existing industrial zoned land within the MTA, known as ‘planning need’ based on the following recent events:

·     Development approval (MCU23/0062) for a warehouse (self-storage facility) granted over 872-880 German Church Road, Redland Bay which approved 15,133m² gross floor area over two (2) stages within the low impact industry zone. Consequently, this approval will satisfy the identified 'need' within the MTA for the medium and long term. 

·     In terms of Lot 59 Jardine Drive, Redland Bay, it is discounted by the applicant’s expert based on limits on hours of operation and acquisition cost. The acquisition cost argument has limited weighting in a planning sense given financial circumstances are not a relevant matter under the PAct. In terms of hours of operation, it is noted that Swift Storage is advertised to operate 5am to 10pm which exceeds the proposal operating from 5:30am to 7:30pm.  It is also located within the Redlands Business Park. This indicates there are options to extend hours of operation subject to an application process.

Locational context and future planning

Another relevant matter (section 45(5)(b) Planning Act 2016), which could be afforded weight in the decision making of the development by Council is the locational context. It is acknowledged that the development is directly adjoining the established Redlands Business Park, which is zoned under City Plan as medium impact industry. Further to this and as previously mentioned, the SEQRP 2023 has expanded the urban footprint to accommodate 20 Giles Road, Thornlands directly to the north of the Redlands Business Park.

 

On this basis, the subject site is directly adjoining the Redland Business Park, which could be considered a logical expansion area for employment and industrial land in the medium to long term future for the city. However, it is acknowledged that a planning scheme amendment process would be required in the future. It would be reasonable to assume the rural intent for the immediate surrounding area has been overcome by employment and industrial zoned land uses, which dominate the locality.

Having regard to the surrounding context towards the east and north-east, the site is bounded by the Redlands Business Park and proposed expansion under assessment at 20 Giles Road, Redland Bay while towards the west is land heavily vegetated with high ecological significance with limited expansion potential.

Alternatively, and by way of contrast, the development being a warehouse self-storage facility with very limited employment generation may be argued to be of a poor medium to long term strategic land use planning outcome. Specifically, if the development was to be approved and a lawful use right established, the city would have lost approximately 1 hectare of land for limited employment value. For this reason, it is considered that the locational context of the locality is not of sufficient weight to outweigh the conflict identified within City Plan and the SEQRP.

Conclusion

Overall, the location of the proposed development conflicts with SEQRP 2017, SEQRP 2023 and City Plan. In undertaking an assessment of the development application, regard must be given to relevant planning instruments. Non-compliance with those relevant planning instruments has been identified and therefore it is appropriate to consider relevant matters and whether regard can be afforded to these relevant matters to outweigh any conflict identified.

As detailed above, an overriding planning need has not been established for the development to justify its location. Whilst it is acknowledged that the immediate locality is predominantly used for employment and industrial land uses, limited weight should be afforded to this as a relevant matter as the warehouse self-storage development does not provide significant employment opportunities. Further, development underutilises future potential land available for employment/industrial zoned land, if the need should arise (via a future planning scheme amendment). For this reason, it is concluded that relevant matters in the form of community benefit, do not outweigh the conflict identified in the relevant planning instruments and should be refused.

Rural character of the locality

In considering the anticipated built form in a rural zone; the relevant strategic framework (3.4.1.10-7 & 3.5.1.2-2) seeks that development protects the landscape character stating ‘non urban parts of the Redlands is designed to minimise significant visual changes to its natural and productive rural landscape setting.’

The intent and outcomes of the strategic framework are replicated in the rural zone code in particular; performance outcomes PO10-PO12 and overall outcome (i) which state:

PO10
‘The extent of hardstand area is minimised on the site.’

PO11
‘Development is located and designed to:

1.         minimise the need for excavation and fill;

2.         prevent the unnecessary clearing of vegetation;

3.         maintain natural drainage patterns;

4.         maintain vegetated riparian corridors along drainage lines; and

5.         minimise disruption to the movement of native fauna.’

PO12
‘Landscaping and revegetation:

1.         incorporates plants that are native to the local area;

2.         recognises and enhances the landscape setting of the local area; and

3.         supports the retention and rehabilitation of ecological corridors.’

Overall outcome:

‘(i) built form is generally a subservient element in the landscape, and does not significantly alter the rural or natural character or scenic quality of the locality;’

Existing character

As depicted within Attachment 2, built form is a subservient element in the landscaping with dense vegetation dominating the scenic quality of the area when viewed from the road. Redlands Business Park is appropriately screened from public vantages through the use of ecological corridors measuring 20m or greater along the road frontage.

Streetscape

The applicant has provided a landscaping concept plan (refer Attachment 4), which proposes enhancement planting along the frontage using native species relative to the regional ecosystem. It is considered that the enhancement planting with a minimum width of 20m would suitably screen the impact of the built form when viewed from the streetscape maintaining the vegetated character of the immediate area. This buffer is consistent with the vegetated buffer of 20m commensurate with the Redlands Business Park adjoining the site and would ensure built form is a subservient element when viewed from German Church Road.

Part of the raised platform is situated approximately 12m from German Church Road and would be visible, undermining the scenic quality of the locality. This could be addressed by development conditions to increase the vegetated area to a minimum of 20m, provide enhancement planting and reduce the area of the use to accommodate this outcome.

Neighbouring land

It is considered that the development would not be visually dominant to adjoining lots, which contain dwelling houses (594-628 German Church Road) given existing dense vegetation, substantial separation (approximately 500m) and changes in the topography (dwellings towards the west of site are situated at approximately 80m Australian Height Datum (AHD) with the proposed roof form of the development at 42.32m AHD). Notwithstanding this enhancement, planting is proposed and will soften the impact of the warehouse buildings when viewed from adjoining lots.

Overall development conditions could be included to provide a minimum 20m wide vegetated buffer along the entire road boundary setback to German Church Road to address this issue. This would reduce the use area to ensure that built form is generally a subservient element in the landscape to ensure that it would not significantly alter the rural, natural character or scenic quality of the locality to comply with the above assessment benchmarks.

 

Stormwater

Performance outcomes PO1-PO4 and PO6 of the healthy waters code states:

PO1
‘To the extent practicable, natural drainage lines are retained, and their hydraulic capacity and channel characteristics are maintained or re-established.’

PO2
‘On-site stormwater management systems do not rely on the retention of existing artificial water bodies, except where such water bodies:

1.  perform significant ecological, water quality or recreation functions;

2.  do not pose a significant risk to stream health or water quality;

3.  are structurally sound;

4.  do not pose any risk to community health and safety; and

5.  will not impose a significant maintenance or cost burden on the community in the short or long terms.’

PO3
‘The stormwater drainage system maintains pre-development velocity and volume of run-off external to the site and does not otherwise worsen or cause nuisance to adjacent, upstream and downstream land.’

PO4
‘Stormwater drainage is designed and constructed to convey stormwater flow resulting from the relevant design storm event under normal operating conditions.’

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 and geotechnical report were submitted (refer Attachment 5 and 6), which demonstrate compliance with the above performance outcomes based on the following reasons.

Quantity

·     Natural waterways and overland flow paths have been altered historically and artificial water bodies are present on the site, which are to be retained complying with PO1 of the healthy waters code.

·     Onsite detention system with a total of 315m³ is proposed to mitigate post development flows prior to discharging to the wider downstream catchment. Modelling suggests that with mitigation post development volume and velocity is improved complying with PO3 of the healthy waters code.

Dam stability

·     Soil and geotechnical investigations confirm that the onsite dam is structurally sound and consists of low permeable soil with reasonable compaction to perform its hydrological function. Recommendations include regular maintenance, inclusive of erosion control matting and vegetation, be implemented to comply with PO2 of the healthy waters code.  Development conditions could be included to ensure that the recommendations of the geotechnical report are undertaken for the life of the development.

Quality

·     Modelling undertaken demonstrates that the proposed 15 cartridge filter area is required to achieve the triggered State Planning Policy water quality objectives prescribed within acceptable outcome AO9.1. 

The proposed stormwater management system is considered to comply with the healthy waters code and could be conditioned to comply, with detailed design required at conditioned works assessment stage.

Flood

Performance outcomes PO5-PO6 of the flood and storm tide hazard overlay code, PO1-PO2 and PO5 of the waterway corridors and wetlands overlay code, PO5-PO8 and PO17 of the infrastructure works code states:

flood and storm tide hazard overlay code:

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.’

waterway corridor and wetlands overlay code:

PO1
‘Development does not adversely impact on the hydrological regime or recharge of a wetland or waterway.’

PO2
‘A riparian buffer is maintained along and around waterways and wetlands that is vegetated, development free, and is of a sufficient width to:

1.         protect water quality;

2.         protect the stability of stream bank and bed;

3.         allow for natural hydrological and geomorphological processes;

4.         minimise erosion;

5.         maintain or achieve healthy water temperatures and in-stream conditions; and

6.         support viable wildlife habitat and movement.’

PO5
‘The development is designed to avoid any worsening of water quality in a waterway or wetland.’

 

The site is subject to a major overland flow path that traverses the site generally along a system of existing dams and weirs relevant to the site as depicted below (Figure 4).

 

Figure 4: Flood modelling

A flood assessment report has been submitted (refer Attachment 7), which has modelled flooding conditions relevant to the site and surrounding area. Modelling has determined that the dam onsite will overflow during a large storm event (1% Annual Exceedance Probability) inundating the proposed development footprint. In order to minimise the risk of flooding from the dam, the flood report recommends providing a 300mm high bund along the eastern side of the dam to avoid inundating the development footprint. Modifications to the dam increasing the storage capacity have been modelled and demonstrated to not adversely impact external catchments, with a nominal increase in flooding conditions of 10mm external to the site. Further to this, the proposed building A platform is proposed to include an under-croft clearance allowing overland flow to traverse underneath to the receiving waterway towards the east.

Development is considered to achieve compliance with the flood and storm tide hazard overlay code, waterway corridors and wetlands overlay code, healthy waters code and infrastructure works code.

Ecological impacts

Performance outcome PO2, PO5-PO6 of the environmental significance overlay code states:

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

 

PO5
‘Edge effects on retained habitat areas are minimised by providing the smallest possible perimeter to area ratio.’

 

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

Matters of local environmental significance

The development footprint is located outside of areas mapped as containing matters of the local environmental significance (MLES) and therefore does not result in a significant reduction in the level of biodiversity and ecological processes in the locality.

Two (2) trees are proposed to be removed to facilitate suitable vehicle access to the site located within the German Church Road reserve. However, the loss of the trees is considered inconsequential when balanced against the proposed enhancement planting onsite, which is sympathetic to the regional ecosystem in the locality complying with the above assessment benchmarks of the environmental significance overlay code.

Koala habitat

Assessment benchmarks of schedule 11 of the Planning Regulation 2017 state:

‘(a)any change to the condition of soil as a result of the development does not adversely affect a koala habitat area;

Examples of changes to the condition of soil—

•the addition of nutrients to the soil

•the erosion of the soil

•the compaction of the soil

‘(b)any alteration of hydrological flows as a result of the development does not adversely affect a koala habitat area;’

‘(c)any landscaping associated with the development that involves planting non-native vegetation does not adversely affect a koala habitat area;’

‘(d)the development does not adversely affect a koala habitat area by resulting in the increased growth or spread of weeds in the koala habitat area;’

‘(e)a building, structure or works associated with the development is located to minimise the amount of vegetation required to be cleared for safety purposes.’

Examples of clearing for safety purposes—

clearing for a fire break or to reduce risks from falling branches

The location of the stormwater management system, earthworks and associated outlet is within proximity to koala habitat however, does not substantially change the existing hydrological flows, soil condition with enhancement planting proposed to minimise introduction of non-native vegetation. On this basis, the development is considered to not adversely impact koala habitat area complying with the above assessment benchmarks (a)-(e) with the imposition of development conditions.

Bushfire

Performance outcome PO10-PO11 and PO13-PO15 of the bushfire hazard overlay code states:

PO10
‘Development is located and designed to ensure proposed buildings or building envelopes achieve the following radiant heat flux level at any point:

(1)    10kW/m² where the use involves the accommodation or congregation of vulnerable sectors of the community such as childcare centres, community care centres, educational establishments, detention facilities, hospitals, rooming accommodation, retirement facilities or residential care facilities; or

(2)    29kW/m2 otherwise.’

PO11
‘Effective safety and evacuation procedures and measures are established.’

PO13
‘All premises are provided with vehicular access that enables safe evacuation for occupants and easy access by fire fighting appliances.’

PO14
‘Development outside reticulated water supply areas, includes a dedicated static supply that is available solely for fire fighting purposes and can be accessed by fire fighting appliances.’

PO15
‘Landscaping uses species that are not likely to exacerbate a bushfire event, and does not increase fuel loads within separation areas.’

A bushfire management plan was submitted (refer Attachment 8) that demonstrates compliance with the above performance outcomes based on the following reasons:

·   The proposed building envelope achieves the prescribed 29kW/m2 complying with PO10.

·   Suitable access for fire fighting vehicles and vehicle movements to German Church Road can be conditioned to comply with PO11 and PO13.

·   The site does not benefit from water reticulation and therefore the development proposes eight (8) 50,000 litre water tanks for fire fighting purposes located adjoining building A.

·   Landscaping is proposed and whilst insufficient details are provided on the rehabilitation planting between the building envelope and the road frontage, development conditions could be  imposed to adopt bushfire resilient species nominated in table 8.2.2.3.2—low flammability plant species.

Development conditions could be recommended to comply with the bushfire hazard overlay code providing a static water supply which can be used for fire fighting purposes. 

Traffic impact

Parking

Performance outcome PO8 of the transport, servicing, access and parking (TSAP) code states:

PO8
On-site vehicle parking:

(1)  is clearly defined, safe and easily accessible;

(2)  accommodates a sufficient number of vehicles, having regard to:

a)    the type and size of development;

b)    expected resident, employee and customer movements;

c)    the location of the use;

d)    the capacity of the existing road network to accommodate on-street parking; and

e)    access to public transport;

(3)  includes dedicated parking spaces for people with a disability, motor cycles and bicycles.

A traffic and parking study, specifically for self-storage facilities, was lodged by the applicant, which suggests the parking needs for the facility are substantially less in comparison to the prescribed rate of 1 space per 100m² gross floor area. The study suggests that the maximum lease areas (MLA) of 6,000m² or greater would equate to the need for seven (7) parking spaces. Given the nature of the land use is commensurate with the study findings, had the development been recommended for approval, development conditions could be imposed to meet the anticipated demand complying with PO8 of the TSAP code.

Traffic generation

Performance outcomes PO3 of the transport, servicing, access and parking (TSAP) code states:

‘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.’

A traffic assessment was provided by the applicant (refer Attachment 9) demonstrating that peak traffic generation anticipated for the development is 12 vehicle trips in the AM and PM peak respectively or one (1) trip every five (5) minutes, which is considered to have negligible impact to German Church Road, considering the nature and scale of the development.

 

 

 

 

 

 

 

 

 

Figure 5: Existing site access

German Church Road is a busy sub-arterial road network, which as of February 2023 equated to average daily traffic count on 9,365 vehicles.  Having regard to the anticipated peak daily traffic volume of 109 trips generated by the development against the design capacity of 15,000 the development will not exceed safe limits of the road network.

Access

Performance outcomes P03 and P016-P018 of the transport, servicing, access and parking (TSAP) code state:

PO1
Driveways are located and designed having regard to:

(1)  public safety and convenience;

(2)  volume and type of traffic and parking generated by the use;

(3)  servicing requirements;

(4)  the characteristics of the frontage road including:

a)   road type;

b)   road target speed;

c)   existing and future traffic volumes;

d)   vertical and horizontal geometry;

e)   queue and turn lane lengths;

(5)  minimising loss of on-street parking opportunities; and

(6)  ensuring adequate visibility between vehicles on a driveway and pedestrians on the verge.

‘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.’

PO16
‘Site access is located and designed to avoid adverse impact on existing or intended:

1.   utility infrastructure, such as power poles, street lighting, gully pits and the like;

2.   bus stops, taxi ranks, traffic control devices; and

3.   pedestrian and cycle paths and crossings; and

4.   street trees.’

PO17
‘Access to trunk collector, sub-arterial and arterial roads is restricted to optimise the safety and efficiency of those roads, having regard to (amongst other things):

(1)  opportunities for shared access arrangements;

(2)  the ability for vehicles to enter and leave the premises in a forward direction;

(3)  turning movements and the need for medians and other traffic control devices;

(4)  the need for queuing, deceleration or passing lanes; and

(5)  any future road improvement intentions.’

PO18
‘Provision is made for any queuing to be accommodated within the development site, so that external traffic operations are not obstructed, and designed to avoid conflict with internal intersections or manoeuvring areas.’

As depicted below, site access from German Church Road is via an unformed gravel connection from the two (2) way bitumen road to the site (Figure 6).

Figure 6: Existing site access

The traffic assessment letter (refer Attachment 9) proposes to provide a driveway crossover of 7.75m width, inclusive of a minor road widening (approximately 2m), to accommodate a heavy rigid vehicle being the largest anticipated vehicle to access the site. The location and design of the site access is considered to meet the Australian Standard AS2890.1 and AS2890.2 based on the following:

·     Adequate sight lines are available to meet the minimum stopping sight distance for a 90km/hr design speed of 150m.

·     Minor trimming of branches is recommended within the road reserve to maximise safety of vehicles existing from the site. Development conditions could be included to ensure an arborist supervises the pruning to ensure no adverse impact to the relevant tree.

·     The largest service vehicle likely to access the site is a Heavy Rigid Vehicle (HRV), which according to swept path assessment can access the site and leave in forward gear. It is noted that HRV access will be temporarily blocked to the site. To ensure that the safety and efficiency of German Church Road is maintained, conditions could be  recommended to widen the driveway crossover to avoid queuing and conflict point for large vehicles entering and exiting the site.

·     A turn lane assessment was undertaken, which verifies that, given the low traffic generation associated with the development, a turning lane is not required having regard to the existing and projected traffic volume in the year 2025 and 2035.

It is therefore recommended that site access would be compliant with the TSAP code, with development conditions imposed to optimise safety.

Amenity

Performance outcome PO9 of the rural zone code states:

PO9
‘Development does not significantly impact on the residential amenity of lots less than 2 hectares, and minimises impacts on dwelling houses on other lots having regard to odour, noise, vibration, air or light emissions or other potential nuisance.’

The proposed development is not considered to significantly impact residential amenity to nearby dwellings (sensitive receptors), which are located generally 300-500m from the development footprint based on the following assessment:

·   Development conditions could be imposed to limit the operating hours between 5:30am to 7:30pm, which ensures the development cannot generate any noise during sensitive hours.

·   Operating hours coincide with peak traffic noise and quarry operating times associated with German Church Road which is a busy sub-arterial local road resulting in a high ambient noise level to the locality.

·   Warehouse uses for storage of residential and business purposes are not likely to involve audible activities, which can adversely impact surrounding sensitive land uses.

·   Development conditions could be included to ensure that no maintenance activities are undertaken onsite, and storage does not involve heavy vehicles and heavy machinery minimising noise generated by the development.

·   Waste collection is limited to daytime periods (7am to 6pm) Monday to Friday to minimise noise impacts.

·   Internal driveway is concrete to avoid any noise, dust and air impacts while standard conditions could be imposed to ensure lighting meets the Australian Standard.

Development conditions could be imposed to achieve compliance with the above assessment benchmark.

Earthworks

Performance outcome PO1-PO3 of the infrastructure works code states:

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.’

A majority of the level pad area associated with the development footprint was established and approved under operational works OPW21/0002.  Through the assessment of the standalone operational works approval it was argued that the filling did not cause adverse impact to the amenity of locality and was to stabilise the existing dams, fix the internal driveway and required to facilitate level areas of the site for future rural activities intended by the rural zone. Through the assessment of the standalone application (OPW21/0002) earthworks were deemed compliant.   

Earthworks proposed as part of this application are minimal, including cut within the flood prone land below the suspended open podium under croft and approximately 300mm depth to the proposed buildings including a batter down to natural surface level. There is no overbearing scaled retaining wall structures visible from a public vantage, therefore compliance with PO1-PO2 of infrastructure works code is achieved. Conditioned works assessment would be required to verify detailed design.

 

Infrastructure

Development outside of the urban footprint must demonstrate adequate access to infrastructure including, for example, infrastructure for electricity, stormwater, water supply and the treatment and disposal of wastewater that is adequate for the use. The proposed development is self-reliant proposing private infrastructure to service the development including the following:

·   Electricity:  Solar power system located on the roof of the proposed building, which is sufficient to meet the anticipated needs of the development.

·   Water supply: 400,000 litre tanks for static water service for fire fighting purposes.

·   Wastewater treatment: onsite waste water treatment system to cater for the development.

·   Stormwater: proprietary onsite detention system to manage stormwater runoff created by the development including repurposing of onsite dams for major stormwater events.

·   Transport: vehicle access derived from German Church Road.

Development has been demonstrated to not burden Council infrastructure given the development is self-reliant and not unreasonably burdening infrastructure requirements throughout the city. Development is compliant with the infrastructure works code.

Wastewater treatment and electrical service

Performance outcome PO11 and PO13 of the infrastructure works code states:

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.’

PO13
‘Electrical infrastructure is provided that meets the needs of the intended use and telecommunications infrastructure ensures access to conduits for fibre optics or secure wireless networking enabling the development of high speed broadband services.’

A wastewater management plan (refer Attachment 11) demonstrates that a suitably sized system can be accommodated to treat and dispose of wastewater generated by the development. A plumbing permit would be required to assess detailed design the Queensland Plumbing and Wastewater Code (as amended).

A solar power system is proposed including associated battery (refer Attachment 12) to ensure continuity of electrical infrastructure to service the development. Conditioned works assessment and inspections would be required to ensure that the development has adequate electrical supply.

Extractive resources

Development of a warehouse within the local resource separation area is not considered to prejudice the future expansion of extractive industry, given the land use is not considered to be a sensitive land use and does not generate large volumes of traffic impacting efficiency of haulage routes. Development is compliant with the extractive resources overlay code.

 

 

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:       $761,526.60

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

Residential Component
(1.00 X #Caretakers Dwelling  - 3 or more bedroom(Area B) X $27,227.40)	$27,227.40
Non-Residential Component
(11,970.00 X #Stormwater (imp m2) X $11.60)	$138,852.00
(12,252.00 X #Warehouse(Area B) X $48.60)	$595,447.20
Total Council Charge:	$761,526.60

Offsets

There are no offsets that apply under Chapter 4 Part 2 of the Planning Act 2016.

Refunds

There are no refunds that apply under Chapter 4 Part 2 of the Planning Act 2016

CONCLUSION

The proposed development has been assessed against City Plan and other relevant planning instruments and relevant matters. It is recommended that the application be refused based on the development being inconsistent with the SEQRP and City Plan.

Strategic Implications

Legislative Requirements

The Development Application has been assessed in accordance with the Planning Act 2016.

Risk Management

Risk Management

Standard development application risks apply. In accordance with the Planning Act 2016 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 6	25 October 2022	Application referred to Divisional Councillor as per standard procedure.
Bull and Bear Economics	February 2024	Economic peer review of applicant’s economic needs assessment and provision of professional advice to Council.

Options

Option One

That Council resolves to refuse the development application seeking a development permit for a material change of use for warehouse (self-storage facility) subject to reasons for refusal provided in Attachment 10.

Option Two

That Council resolves to issue a preliminary approval for a material change of use for warehouse (self-storage facility) subject to conditions.

Option Three

That Council resolves to issue a development permit for a material change of use for warehouse (self-storage facility) subject to development conditions. 

Officer’s Recommendation That Council resolves to refuse the development application seeking a development permit for a material change of use for warehouse (self-storage facility) subject to reasons for refusal provided in Attachment 10.

 

Council Resolution 2024/270 Moved by:          Cr Julie Talty Seconded by:      Cr Shane Rendalls That Council resolves to issue a development permit for a material change of use for warehouse (self-storage facility), subject to the development conditions in new attachment 13, for the following reasons: The proposed development is in conflict with the South East Queensland Regional Plan 2017 and South East Queensland Regional Plan 2024 as the premise is located outside of the urban footprint. The development on the subject site is also located in the Rural zone in City Plan.  Despite this conflict, and pursuant to section 45(5)(b) of the Planning Act 2016, regard has been given to the following relevant matters which are considered to outweigh the conflict identified: •          The proposed use is compatible with the physical characteristics of the premises. •          The premises is contiguous with the Redland Business Park and this section of German Church Road accommodates, commercial land uses, a refuse tip, quarry, commercial nursery and a recycling facility. The use is compatible with other premises in the surrounding area. •          Development on the site is bound by significant areas of native vegetation to the west and the development is a logical rounding off of urban development. •          There is a community and economic need for the proposed use. •          The premises is adjacent to the urban footprint and a workforce is available to be sourced from the immediate surrounding area. •          The use has direct access to transport infrastructure to adequately service the development. •          The premises can be serviced by infrastructure. •          The proposed development avoids areas of natural hazard or risks such as flooding, bushfire, land slide and coastal erosion or can be conditioned to mitigate any impacts. •          The overall impact on the productive capacity of the premises is minimal. carried    10/1 Crs Jos Mitchell, Wendy Boglary, Peter Mitchell, Paul Gollè, Lance Hewlett, Shane Rendalls, Julie Talty, Rowanne McKenzie, Tracey Huges and Jason Colley voted FOR the motion. Cr Paul Bishop voted AGAINST the motion.