IPSWICH

CITY

COUNCIL

 

 

AGENDA

 

 

of the

 

 

Growth and Infrastructure Committee

 

 

Held in the Council Chambers

2nd floor – Council Administration Building

45 Roderick Street

IPSWICH QLD 4305

 

 

On Tuesday, 18 June 2019

At 9.30 am or 10 minutes after the conclusion of the Economic Development Committee whichever is sooner.


 

MEMBERS OF THE Growth and Infrastructure Committee

Interim Administrator

Greg Chemello (Chairperson)

 

 


Growth and Infrastructure Committee

Meeting Agenda

18 June

2019

 

Growth and Infrastructure Committee AGENDA

9.30 am or 10 minutes after the conclusion of the Economic Development Committee whichever is sooner, on Tuesday,
18 June 2019

Council Chambers

 

Item No.

Item Title

Page No.

1

Road Maintenance Performance Contract 2019–2020

9

2

Proposed Ipswich Adopted Infrastructure Charges Resolution     (No. 1) 2019

33

3

Exercise Of Delegation Report

185

4

Court Action Status Report

197

5

Acquisition of Drainage Easement for the Burnett Street, Sadliers Crossing Stormwater Upgrade Project

203

6

Surrender and Grant of Lease for Telecommunications Purposes from 3GIS Pty Ltd to Vodafone Network Pty Limited located at
61A Summit Drive, Springfield Lakes

210

7

**Proposed New Lease for Telecommunications Purposes to Optus Mobile Pty Limited located at 102 Champions Way, Willowbank

245

** Item includes confidential papers

 


Growth and Infrastructure Committee NO. 6

 

18 June 2019

 

AGENDA

 

 

1.             Road Maintenance Performance Contract 2019–2020

With reference to a report concerning the implementation of the Road Maintenance Performance Contract (RMPC) for financial year 2019–2020 between Ipswich City Council (ICC) and the Department of Transport and Main Roads (DTMR).  ICC have delivered this contract for the past 23 years primarily based through a sole invitee arrangement.  ICC acts as the contractor providing a stewardship role for the road network on behalf of DTMR.  Proposed funding for this financial year is $3,124,372.00 (Excl. GST).

 

Recommendation

That the Interim Administrator of Ipswich City Council resolve:

A.             That Council (Interim Administrator of Ipswich City Council) enter into a contract with the Department of Transport and Main Roads for the 2019-2020 Road Maintenance Performance Contract for the sum of three million one hundred and twenty four thousand three hundred and seventy two dollars excluding GST ($3,124,372.00) for a period of 12 months.

B.             That the Chief Executive Officer be authorised to negotiate and finalise the terms of the contract to be executed by Council and to do any other acts necessary to implement Council’s decision in accordance with section 13(3) of the Local Government Act 2009.

 

2.             Proposed Ipswich Adopted Infrastructure Charges Resolution
(No. 1) 2019

With reference to a report concerning the adoption of the proposed Ipswich Adopted Infrastructure Charges Resolution (No. 1) 2019 to replace the Ipswich Adopted Infrastructure Charges Resolution (No. 2) 2018.

 

Recommendation

 

That the Interim Administrator of Ipswich City Council resolve:

 

A.             That Council (Interim Administrator of Ipswich City Council) adopt the Adopted Infrastructure Charges Resolution as detailed in Attachment 2 - Proposed Adopted Infrastructure Charges Resolution of the Strategic Planning Manager’s report dated 30 May 2019 pursuant to s113 of the Planning Act 2016 as the Ipswich Adopted Infrastructure Charges Resolution (No. 1) 2019.

B.             That the Strategic Planning Manager be requested to attend to all relevant matters associated with giving effect to the Ipswich Adopted Infrastructure Charges Resolution (No. 1) 2019, including uploading the resolution on the Council website on 1 July 2019.

 

3.             Exercise Of Delegation Report

With reference to a report concerning applications that have been determined by delegated authority for the period 3 May 2019 to 4 June 2019.

 

Recommendation

That the report be received and the contents noted.

 

4.             Court Action Status Report

With reference to a report concerning the status of outstanding court actions.

 

Recommendation

That the report be received and the contents noted.

 

5.             Acquisition of Drainage Easement for the Burnett Street, Sadliers Crossing Stormwater Upgrade Project

With reference to a report concerning the acquisition of easements for drainage purposes for the Burnett Street, Sadliers Crossing Stormwater Upgrade Project (The “Project”).

 

Recommendation

That the Interim Administrator of Ipswich City Council resolve:

A.             That Council (Interim Administrator of Ipswich City Council) having duly considered this report dated 29 May 2019, be of the opinion that the following properties (shown in Attachments 1-3) (‘the land’) require an easement for drainage purposes:

a.  Part of Lot 7 on SP235405, 14 Francis Lane, Sadliers Crossing

b.  Part of Lot 2 on RP3106, 26 Burnett Street, Sadliers Crossing

c.   Part of Lot 1 on RP3106, 27 Burnett Street, Sadliers Crossing

B.             That Council (Interim Administrator of Ipswich City Council) exercise its power as a “constructing authority” under the Acquisition of Land Act 1967 and acquire the easements, (as described in Recommendation A of this report dated 29 May 2019) for drainage purposes.

C.             That the Chief Executive Officer be authorised to negotiate compensation and perform any other matters, arising out of the Acquisition of Land Act 1967 or otherwise, and to do any other acts necessary to implement Council’s decision to acquire this land in accordance with section 13(3) of the Local Government Act 2009.

 

6.             Surrender and Grant of Lease for Telecommunications Purposes from 3GIS Pty Ltd to Vodafone Network Pty Limited located at 61A Summit Drive, Springfield Lakes

With reference to a report concerning a proposal from Vodafone Network Pty Limited (Vodafone) to surrender an existing lease with 3GIS Pty Ltd (3GIS) and enter into a new lease with Vodafone to accommodate the existing tower and equipment shelter over Council freehold land located at 61A Summit Drive, Springfield Lakes, described as part of Lot 1 on SP197460.

 

Recommendation

That the Interim Administrator of Ipswich City Council resolve:

A.             That Council (Interim Administrator of Ipswich City Council) accept the offer by Vodafone Network Pty Limited (“the Lessee”) to surrender the leased interests for 3GIS Pty Ltd located at 61A Summit Drive, Springfield Lakes and described as part of Lot 1 on SP197460 (“the land”).

B.             That pursuant to section 236(2) of the Local Government Regulation 2012 (the Regulation) the exception referred to in section 236(1)(c)(iii) of the Regulation applies to Council on the disposal of the lease interest located at 61 Summit Drive, Springfield Lakes and described as part of Lot 1 on SP197460, by way of a new lease arrangement between Council and Vodafone Network Pty Limited for telecommunication purposes on the basis of disposal for the following terms:

QA lease for a term of 10 years commencing 1 July 2019.

C.             That Council (Interim Administrator of Ipswich City Council) enter into a new lease with Vodafone Network Pty Limited for a 10 year term commencing on 1 July 2019 at a commencing annual rent of $26,937.84 (plus GST) with an annual indexation of 5%.

D.             That the Chief Executive Officer be authorised to negotiate and finalise the terms of the surrender and proposed new lease arrangement as detailed in Recommendations A, B and C of the report by the Property Officer dated 28 May 2019 and do any other acts necessary to implement Council’s decision in accordance with section 13(3) of the Local Government Act 2009.

 

7.             **Proposed New Lease for Telecommunications Purposes to Optus Mobile Pty Limited located at 102 Champions Way, Willowbank

With reference to a report concerning a proposal from Optus Mobile Pty Limited (Optus) for a new lease to accommodate the Optus equipment shelter over Council freehold land located at 102 Champions Way, Willowbank, described as part of Lot 1 on SP308694.

 

Recommendation

That the Interim Administrator of Ipswich City Council resolve:

A.             That pursuant to section 236(2) of the Local Government Regulation 2012 (the Regulation) the exception referred to in section 236(1)(c)(iii)and of the Regulation applies to Council on the disposal of the lease interest located at 102 Champions Way, Willowbank and described as part of Lot 1 on SP308694, by way of a new lease arrangement between Council and Optus Mobile Pty Limited for telecommunication purposes on the basis of disposal for the following terms:

                 1.  A lease for a term of 8 years commencing 1 July 2019.

B.             That Council (Interim Administrator of Ipswich City Council) enter into a new lease with Optus Mobile Pty Limited for an 8 year term commencing on 1 July 2019 at a commencing annual rent of $12,000 plus GST with an annual indexation of 2.5%.

C.             That the Chief Executive Officer be authorised to negotiate and finalise the terms of the proposed new lease arrangement as detailed in Recommendations A and B of the report by the Property Officer dated 27 May 2019 and do any other acts necessary to implement Council’s decision in accordance with section 13(3) of the Local Government Act 2009.

  

** Item includes confidential papers

and any other items as considered necessary.


Growth and Infrastructure Committee

Meeting Agenda

18 June

2019

 

Doc ID No: A5506501

 

ITEM:              1

SUBJECT:        Road Maintenance Performance Contract 2019–2020

AUTHOR:       Technical Officer (Maintenance Planning)

DATE:              9 May 2019

 

 

Executive Summary

This is a report concerning the implementation of the Road Maintenance Performance Contract (RMPC) for financial year 2019–2020 between Ipswich City Council (ICC) and the Department of Transport and Main Roads (DTMR).  ICC have delivered this contract for the past 23 years primarily based through a sole invitee arrangement.  ICC acts as the contractor providing a stewardship role for the road network on behalf of DTMR.  Proposed funding for this financial year is $3,124,372.00 (Excl. GST).

RECOMMENDATION

That the Interim Administrator of Ipswich City Council resolve:

A.             That Council (Interim Administrator of Ipswich City Council) enter into a contract with the Department of Transport and Main Roads for the 2019-2020 Road Maintenance Performance Contract for the sum of three million one hundred and twenty four thousand three hundred and seventy two dollars excluding GST ($3,124,372.00) for a period of 12 months.

B.             That the Chief Executive Officer be authorised to negotiate and finalise the terms of the contract to be executed by Council and to do any other acts necessary to implement Council’s decision in accordance with section 13(3) of the Local Government Act 2009.

RELATED PARTIES

This contract is a cost-sharing agreement between Ipswich City Council (contractor) and the State of Queensland Department of Transport and Main Roads (principal).

Advance Ipswich Theme Linkage

Managing growth and delivering key infrastructure

Purpose of Report/Background

The RMPC is a contract for routine maintenance activities carried out on state-controlled roads within the boundaries of the Ipswich Council region.  The road network outline is tabled below.

Table A: Road Network

 

Routine maintenance activities covers all civil aspects of routine maintenance as well as maintaining green space areas. 

 

Both DTMR and Council are responsible for a safe environment for the road user whilst integrating environmental considerations in line with the value for money objectives outlined in the Queensland Procurement Policy.

 

Road user satisfaction and public expectation are important drivers for the RMPC.  It is essential that current specific assessment on the road network is measured and that feedback and information can be provided to the road user when required. 

Financial/RESOURCE IMPLICATIONS

In the field, both day labour and contract resources are being employed to undertake the routine maintenance operations.  Typically ICC have one (1) gang dedicated solely to the state-controlled network as well as numerous contractors undertaking activities ranging from pavement repairs to mowing grass.  Other day labour crews are utilised at different times where necessary.  In the Council office there are two (2) full time officers employed to manage the RMPC.  The RMPC is an important contract that ensures Council maintains a viable workforce and equipment resourcing level whilst maintaining the skills necessary to perform necessary tasks.  Whilst the proposed funding for 2019-2020 is generally an index growth from previous contract, it is essentially governed by a backlog of defect work as well as a joint assessment road report submitted and approved by DTMR.

RISK MANAGEMENT IMPLICATIONS

The continuing support of the RMPC contract allows TMR to obtain best value in expenditure of maintenance funds on the state-controlled road network as well as providing quick resourcing assistance to TMR following any incident or natural disaster.  Overall the RMPC allows Council to provide a professional cost effective service maintenance operation on the state-controlled network.

The risk of no contract would be borne out to the community with possible slower response time, higher costs and lack of engagement with the community. Historical evidence suggests that the engagement of Council for DTMR to undertake routine maintenance on the state-controlled network is well received and supported.  

Legal/Policy Basis

 

This report and its recommendations are consistent with the following legislative provisions:

Transport Operations (Road Use Management) Act 1995

COMMUNITY and OTHER CONSULTATION

The funding is controlled and approved via the State Government.  Council’s primary role is as network steward managing and operating within the realms of the contract.

No other consultation required.

Conclusion

The RMPC is a benefit to the whole community ensuring the road network is maintained to a high level of service.  It also allows smooth and efficient integration with Council roads which compliments the whole environment for the road user.  The RMPC provides a consolidated document for which Ipswich City Council can apply an equitable and consistent approach to road network maintenance.

Attachments and Confidential Background Papers

 

1.

Road Maintenance and Performance Contract 2019_2020

 

Cameron Hoger

Technical Officer (Maintenance Planning)

I concur with the recommendations contained in this report.

Colin Russ

Principal Officer (Roads and Drainage)

I concur with the recommendations contained in this report.

David Baker

City Maintenance Manager

I concur with the recommendations contained in this report.

Charlie Dill

General Manager - Infrastructure and Environment

 

“Together, we proudly enhance the quality of life for our community”


Growth and Infrastructure Committee

Meeting Agenda

18 June

2019

Item 1 / Attachment 1.

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Growth and Infrastructure Committee

Meeting Agenda

18 June

2019

 

Doc ID No: A5518197

 

ITEM:              2

SUBJECT:        Proposed Ipswich Adopted Infrastructure Charges Resolution     (No. 1) 2019

AUTHOR:       Strategic Planning Manager

DATE:              30 May 2019

 

 

Executive Summary

This is a report concerning the adoption of the proposed Ipswich Adopted Infrastructure Charges Resolution (No. 1) 2019 to replace the Ipswich Adopted Infrastructure Charges Resolution (No. 2) 2018.

Recommendation/s

 

That the Interim Administrator of Ipswich City Council resolve:

 

A.             That Council (Interim Administrator of Ipswich City Council) adopt the Adopted Infrastructure Charges Resolution as detailed in Attachment 2 - Proposed Adopted Infrastructure Charges Resolution of the Strategic Planning Manager’s report dated 30 May 2019 pursuant to s113 of the Planning Act 2016 as the Ipswich Adopted Infrastructure Charges Resolution (No. 1) 2019.

B.             That the Strategic Planning Manager be requested to attend to all relevant matters associated with giving effect to the Ipswich Adopted Infrastructure Charges Resolution (No. 1) 2019, including uploading the resolution on the Council website on 1 July 2019.

RELATED PARTIES

The proposed Adopted Infrastructure Charges Resolution (AICR) is relevant to persons who pay levied charges and to Queensland Urban Utilities.

Advance Ipswich Theme Linkage

 

Managing growth and delivering key infrastructure

Listening, leading and financial management

Purpose of Report/Background

 

The Ipswich Adopted Infrastructure Charges Resolution (No. 2) 2018 came into effect on and from 2 July 2018 pursuant to the Planning Act 2016 (the Act).

The infrastructure charges included in the current resolution are based at 31 March 2018 and require indexation as provided for in the Act.

 

Indexation of infrastructure charges

 

It is proposed to index the trunk infrastructure network charges for the twelve (12) month period to 31 March 2019 pursuant to the Act.

 

The proposed AICR infrastructure charges contained in Schedule 2 have been indexed consistent with the requirement to use the Producer Price Index (PPI) for Construction 6427.0 Index Number 3101 - Road and Bridge Construction Index for Queensland, as included in the PPI index calculation spread sheet prepared by the State government.  The indexation increase of 2.26% (indexation factor of 1.023) has been included for the twelve (12) month period.

 

An increase will only apply if the total charge levied is equal to or below the State government’s prescribed amount (maximum charge) pursuant to the Act and Planning Regulation 2017 (the Regulation).

 

Advice provided by the Department of State Development, Manufacturing, Infrastructure and Planning has identified that Schedule 16 of the Regulation will also be indexed for the 2018-2019 financial year to 31 March 2019, with the amended schedule expected to take effect early in July 2019 (actual date yet to be advised).  This does not necessitate a change to the proposed Ipswich Adopted Infrastructure Charges Resolution but will be applied in the calculation of infrastructure charges.

 

Automatic increase to infrastructure charges

 

Section 112 of the Act provides for an automatic increase to the prescribed charge in the Regulation (maximum charge) and section 114 provides for an automatic increase to the adopted charges from when they are levied to when they are paid in accordance with the three (3) yearly average increase in the PPI.

 

Section 19 of the AICR specifies how to work out the automatic increase, consistent with the Act.  Although the AICR provides for the ability to apply the automatic increase consistent with the Act, current practise sets the charges for a twelve (12) month timeframe prior to applying an automatic increase.  This practice is outlined in the current standard infrastructure charges notice which states that the levied charges outlined in the notice are applicable for a period of twelve (12) months from the date of a development approval.  This effectively ‘caps’ the levied charge for a twelve (12) month period, after which the automatic increase is applied.  This practise provides certainty to the development industry and reflects the annual indexation approach of the AICR.

 

To ensure this practise is clearly reflected in the AICR, it is proposed to include an additional clause in section 19 of the proposed AICR, stating that the automatic increase is only to be worked out by the local government following a period of twelve (12) months from the date of a development approval.

Although the automatic increase could be applied quarterly, this approach remains consistent with the Act and aligns with the annual indexation of the prescribed amounts in the Regulation.

 

The proposed AICR amendments are detailed in Attachment 1 - Track Changes to Adopted Infrastructure Charges Resolution, and a clean skin of the proposed Ipswich Adopted Infrastructure Charges Resolution (No. 1) 2019 incorporating the indexed tables and changes to section 19 is included as Attachment 2 - Proposed Adopted Infrastructure Charges Resolution.

 

Section 118 of the Act states that an AICR has effect on the day the charges resolution is uploaded on the local government website.  However if the charges resolution is uploaded on the website before the beginning of the day stated in the resolution as the day for the charges to take effect, it has effect on the day stated in the resolution.

 

It is proposed that the new AICR, including the updated charges apply on and from 1 July 2019 and that AICR (No. 1) 2019 be uploaded onto Council’s website on that date.

Financial/RESOURCE IMPLICATIONS

The proposed amendments to the AICR include the indexation of the infrastructure charges tables pursuant to the Act ensuring that the charges continue to appropriately reflect pricing increases.

No additional resources are required to give effect to the proposed AICR which is proposed to be undertaken by the Strategic Planning Branch.

RISK MANAGEMENT IMPLICATIONS

The proposed indexation of infrastructure charges and minor change to section 19 of the proposed AICR is consistent with the Act and the Regulations.

Although any increase to infrastructure charges may be viewed negatively by the development industry, the infrastructure charges that may be levied on development pursuant to the proposed AICR cannot exceed the prescribed amount in the Regulation, and may result in levied charges that are less than the prescribed amount.

As identified in the supporting material to the Local Government Infrastructure Plan, although financially sustainable, not all of the trunk infrastructure network can be funded by infrastructure charges revenue.  This shortfall may be exacerbated if the infrastructure charges are not appropriately indexed as provided for by adopting the proposed AICR.

Legal/Policy Basis

 

This report and its recommendations are consistent with the following legislative provisions:

Planning Act 2016

Planning Regulation 2017

 

COMMUNITY and OTHER CONSULTATION

 

No consultation is required to be undertaken pursuant to the Act.  It is proposed that the new AICR be uploaded onto the Council website and an eAlert issued upon adoption to inform subscribers of the service.

 

The indexed infrastructure charge tables will be provided to Queensland Urban Utilities for inclusion in the Charges Schedule of the Water Netserv Plan.

Conclusion

It is proposed that new AICR be adopted as detailed in Attachment 2 which incorporates the indexed infrastructure charges and the changes to section 19, with the proposed AICR to come into effect on and from 1 July 2019.

Attachments and Confidential Background Papers

 

1.

Track Changes to Adopted Infrastructure Charges Resolution

2.

Proposed Ipswich Adopted Infrastructure Charges Resolution (No. 1) 2019

 

Nick Vass-Bowen

Strategic Planning Manager

I concur with the recommendations contained in this report.

Brett Davey

Acting General Manager - Planning and Regulatory Services

 

“Together, we proudly enhance the quality of life for our community”


Growth and Infrastructure Committee

Meeting Agenda

18 June

2019

Item 2 / Attachment 1.

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Growth and Infrastructure Committee

Meeting Agenda

18 June

2019

Item 2 / Attachment 2.

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Growth and Infrastructure Committee

Meeting Agenda

18 June

2019

 

Doc ID No: A5565340

 

ITEM:              3

SUBJECT:        Exercise Of Delegation Report

AUTHOR:       Acting Development Planning Manager

DATE:              4 June 2019

 

 

Executive Summary

This is a report concerning applications that have been determined by delegated authority for the period 3 May 2019 to 4 June 2019.

Recommendation/s

That the report be received and the contents noted.

RELATED PARTIES

 

There are no related parties associated with the recommendation as the development applications have already been determined.

Advance Ipswich Theme Linkage

 

·    Strengthening our local economy and building prosperity

·    Managing growth and delivering key infrastructure

·    Caring for our community

·    Caring for the environment

·    Listening, leading and financial management

Purpose of Report/Background

 

The following delegations (and associated sub-delegations) contain a requirement for the noting of applications determined by delegated authority:

 

·    Approval of Plans for Springfield

·    Determination of Development Applications, Precinct Plans, Area Development Plans and Related Matters

·    Exercise the Powers of Council under the Economic Development Act 2012

·    Implementation of the Planning and Development Program

·    Exercise the Powers of Council under the Planning Act 2016

Financial/RESOURCE IMPLICATIONS

 

There are no resourcing or budget implications associated with this report.

RISK MANAGEMENT IMPLICATIONS

 

There are no risk management implications associated with this report.

Legal/Policy Basis

 

This report and its recommendations are consistent with the following legislative provisions:

Local Government Act 2009

Planning Act 2016

Economic Development Act 2012

COMMUNITY and OTHER CONSULTATION

 

The contents of this report did not require any community consultation.  In the event that the development applications listed in this report triggered ‘impact assessment’ pursuant to the Ipswich Planning Scheme, public notification was undertaken as part of the development application process in accordance with any legislative requirements and matters raised in any submissions were addressed in the respective development assessment reports.

Conclusion

The Planning and Regulatory Services Department is responsible for the assessment and determination of development applications.  Attachment 1 to this report provides a list of development applications that were determined by delegated authority for the period 3 May 2019 to 4 June 2019.

Attachments and Confidential Background Papers

 

1.

Exercise Of Delegation Report

 

Mitchell Grant

Acting Development Planning Manager

I concur with the recommendations contained in this report.

Brett Davey

Acting General Manager - Planning and Regulatory Services

 

“Together, we proudly enhance the quality of life for our community”


Growth and Infrastructure Committee

Meeting Agenda

18 June

2019

Item 3 / Attachment 1.

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Growth and Infrastructure Committee

Meeting Agenda

18 June

2019

 

Doc ID No: A5565496

 

ITEM:              4

SUBJECT:        Court Action Status Report

AUTHOR:       Acting Development Planning Manager

DATE:              4 June 2019

 

 

Executive Summary

This is a report concerning the status of outstanding court actions.

Recommendation/s

That the report be received and the contents noted.

RELATED PARTIES

 

The related parties, being the appellants associated with any court actions, are detailed in the attachment to this report.

Advance Ipswich Theme Linkage

 

Strengthening our local economy and building prosperity

Managing growth and delivering key infrastructure

Caring for our community

Caring for the environment

Listening, leading and financial management

Purpose of Report/Background

This report provides a status update with respect to current court actions associated with development planning related matters.

 

In addition to the current court actions, there is one (1) other significant matter of dispute that the Planning and Development Department is currently involved with.  At Council’s meeting on 13 November 2018, it was resolved to amend the Ipswich Planning Scheme (Planning Scheme Major Amendment Package 02/2018) by making amendments to Part 14 – Springfield Structure Plan.  Springfield City Group has made representations to the State Government that the amendments as adopted by Council should not be approved and has suggested alternative wording regarding the rights and responsibilities of developers and land owners within the Springfield Structure Plan area.

As a consequence of this dispute, the State Government facilitated a without prejudice discussion on 28 February 2019 between Springfield City Group and Council officers.  The matter was not resolved at this meeting and it was determined that further discussions would be required prior to the State Government determining the outcome.

Financial/RESOURCE IMPLICATIONS

There are no resourcing or budget implications associated with this report.

RISK MANAGEMENT IMPLICATIONS

 

There are no risk management implications associated with this report.

Legal/Policy Basis

 

This report and its recommendations are consistent with the following legislative provisions:

Local Government Act 2009

Planning Act 2016

Planning and Environment Court Act 2016

COMMUNITY and OTHER CONSULTATION

The contents of this report did not require any community consultation.

Conclusion

 

The Planning and Regulatory Services Department are currently involved with a number of current court related matters.  Attachment 1 to this report provides a current status with respect to these matters.

Attachments and Confidential Background Papers

 

1.

Court Action Status Report June 2019

 

Mitchell Grant

Acting Development Planning Manager

I concur with the recommendations contained in this report.

Brett Davey

Acting General Manager - Planning and Regulatory Services

 

“Together, we proudly enhance the quality of life for our community”


Growth and Infrastructure Committee

Meeting Agenda

18 June

2019

Item 4 / Attachment 1.

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Growth and Infrastructure Committee

Meeting Agenda

18 June

2019

 

Doc ID No: A5554100

 

ITEM:              5

SUBJECT:        Acquisition of Drainage Easement for the Burnett Street, Sadliers Crossing Stormwater Upgrade Project

AUTHOR:       Property Officer

DATE:              29 May 2019

 

 

Executive Summary

This is a report concerning the acquisition of easements for drainage purposes for the Burnett Street, Sadliers Crossing Stormwater Upgrade Project (The “Project”).

RECOMMENDATION

That the Interim Administrator of Ipswich City Council resolve:

A.             That Council (Interim Administrator of Ipswich City Council) having duly considered this report dated 29 May 2019, be of the opinion that the following properties (shown in Attachments 1-3) (‘the land’) require an easement for drainage purposes:

a.  Part of Lot 7 on SP235405, 14 Francis Lane, Sadliers Crossing

b.  Part of Lot 2 on RP3106, 26 Burnett Street, Sadliers Crossing

c.   Part of Lot 1 on RP3106, 27 Burnett Street, Sadliers Crossing

B.             That Council (Interim Administrator of Ipswich City Council) exercise its power as a “constructing authority” under the Acquisition of Land Act 1967 and acquire the easements, (as described in Recommendation A of this report dated 29 May 2019) for drainage purposes.

C.             That the Chief Executive Officer be authorised to negotiate compensation and perform any other matters, arising out of the Acquisition of Land Act 1967 or otherwise, and to do any other acts necessary to implement Council’s decision to acquire this land in accordance with section 13(3) of the Local Government Act 2009.

RELATED PARTIES

There are no related parties arising as a direct result of this report

Advance Ipswich Theme Linkage

Managing growth and delivering key infrastructure

Purpose of Report/Background

The proposed works for the Project will facilitate stormwater drainage improvements adjacent to the intersection of Cribb and Burnett Streets for the rehabilitation of existing drainage infrastructure and improved road safety.  See attached fact sheet for proposed scope of works.

As part of the Asset Inspection Program, it was identified that a number of drainage assets were damaged beyond repair. The proposed replacement of this ageing infrastructure will enable the network to be upgraded to the current required drainage standard, whilst improving road safety and flood immunity to a number of properties. To facilitate the upgrade and future maintenance of the existing drainage infrastructure, easements are required over the following properties:

·    Part of Lot 7 on SP235405, 14 Francis Lane, Sadliers Crossing

·    Part of Lot 2 on RP3106, 26 Burnett Street, Sadliers Crossing

·    Part of Lot 1 on RP3106, 27 Burnett Street, Sadliers Crossing

Financial/RESOURCE IMPLICATIONS

Expenses relating to resumption by agreement of the easements will form part of the project budget from the Asset rehabilitation Program. If an agreement cannot be reached and the property is resumed by Gazettal Notice, expenses relating to Land Court proceeding will also form part of the project budget.

RISK MANAGEMENT IMPLICATIONS

The risk of not resolving to acquire the easements will create a risk of existing drainage infrastructure failing on private property without legal protection of the infrastructure and, authority to maintain and keep clear debris and obstructions to facilitate the natural flow of water.

Legal/Policy Basis

 

This report and its recommendations are consistent with the following legislative provisions:

Local Government Act 2009 + Acquisition of Land Act 1967

COMMUNITY and OTHER CONSULTATION

The property owners have been consulted with regards to the proposed easements and the scope of works proposed have been explained in detail. Early discussions with the owners thus far have been positive and they have been receptive to Council’s requirement to put the easement over their property. On-going consultation for the easements will be managed with property owners throughout the process. Compensation is to be determined by a market valuation and negotiations with the property owners will occur in due course.

Conclusion

It is recommended that Council proceed with the compulsory acquisition of the new easements over the following properties as a “constructing authority” under the Acquisition of Land Act:

·    Part of Lot 7 on SP235405, 14 Francis Lane, Sadliers Crossing

·    Part of Lot 2 on RP3106, 26 Burnett Street, Sadliers Crossing

·    Part of Lot 1 on RP3106, 27 Burnett Street, Sadliers Crossing

In the first instance, Council will make all reasonable attempts to negotiate by agreement with the property owner(s) when issuing the notice of intention to resume (NIR). Therefore, Council will seek to compulsory acquire by way of resumption agreement with the property owner(s), however if this is unsuccessful, Council will exercise its power under the ALA and make application to the relevant Minister for the land to be taken.

Attachments and Confidential Background Papers

 

1.

Easement Plan - 14 Francis Lane, Sadliers Crossing

2.

Easement Plan - 26 Burnett Street, Sadliers Crossing

3.

Easement Plan - 27 Burnett Street, Sadliers Crossing

4.

Fact Sheet - Burnett Street, Sadliers Crossing Stormwater Upgrade

 

Kerry Perrett

Property Officer

I concur with the recommendations contained in this report.

Brett McGrath

Senior Property Officer

I concur with the recommendations contained in this report.

Andrew Knight

General Manager - Corporate Services

 

“Together, we proudly enhance the quality of life for our community”


Growth and Infrastructure Committee

Meeting Agenda

18 June

2019

Item 5 / Attachment 1.


Growth and Infrastructure Committee

Meeting Agenda

18 June

2019

Item 5 / Attachment 2.


Growth and Infrastructure Committee

Meeting Agenda

18 June

2019

Item 5 / Attachment 3.


Growth and Infrastructure Committee

Meeting Agenda

18 June

2019

Item 5 / Attachment 4.


Growth and Infrastructure Committee

Meeting Agenda

18 June

2019

 

Doc ID No: A5547080

 

ITEM:              6

SUBJECT:        Surrender and Grant of Lease for Telecommunications Purposes from 3GIS Pty Ltd to Vodafone Network Pty Limited located at 61A Summit Drive, Springfield Lakes

AUTHOR:       Property Officer

DATE:              28 May 2019

 

 

Executive Summary

This is a report concerning a proposal from Vodafone Network Pty Limited (Vodafone) to surrender an existing lease with 3GIS Pty Ltd (3GIS) and enter into a new lease with Vodafone to accommodate the existing tower and equipment shelter over Council freehold land located at 61A Summit Drive, Springfield Lakes, described as part of Lot 1 on SP197460.

RECOMMENDATION

That the Interim Administrator of Ipswich City Council resolve:

A.       That Council (Interim Administrator of Ipswich City Council) accept the offer by Vodafone Network Pty Limited (“the Lessee”) to surrender the leased interests for 3GIS Pty Ltd located at 61A Summit Drive, Springfield Lakes and described as part of Lot 1 on SP197460 (“the land”).

B.        That pursuant to section 236(2) of the Local Government Regulation 2012 (the Regulation) the exception referred to in section 236(1)(c)(iii) of the Regulation applies to Council on the disposal of the lease interest located at 61 Summit Drive, Springfield Lakes and described as part of Lot 1 on SP197460, by way of a new lease arrangement between Council and Vodafone Network Pty Limited for telecommunication purposes on the basis of disposal for the following terms:

QA lease for a term of 10 years commencing 1 July 2019.

C.        That Council (Interim Administrator of Ipswich City Council) enter into a new lease with Vodafone Network Pty Limited for a 10 year term commencing on 1 July 2019 at a commencing annual rent of $26,937.84 (plus GST) with an annual indexation of 5%.

D.       That the Chief Executive Officer be authorised to negotiate and finalise the terms of the surrender and proposed new lease arrangement as detailed in Recommendations A, B and C of the report by the Property Officer dated 28 May 2019 and do any other acts necessary to implement Council’s decision in accordance with section 13(3) of the Local Government Act 2009.

RELATED PARTIES

There are no related parties arising as a direct result of this report

Advance Ipswich Theme Linkage

Managing growth and delivering key infrastructure

Purpose of Report/Background

Vodafone is an infrastructure owner and provider to the wireless telecommunications industry. Over several years Vodafone acquired 3GIS with the business entity becoming obsolete.  It has become apparent to Vodafone during a recent audit that there are current leases in the name of 3GIS that are still registered on the Title of the property which Vodafone are now responsible. Current Lease terms are as follows:

 

 

Dealing No.
711881626

Dealing No.
711881644

Term of Lease:

10 years

10 years

Commencement Date:

01/07/2017

01/07/2027

Expiry Date:

30/06/2027

30/06/2037

Option:

Nil

Nil

Commencing Rent:

$24,433.42 (ex. GST )
per annum

$39,799.47(ex. GST )
per annum

Rent Review:

5% Annual Increases

5% Annual Increases

To streamline and formalise Vodafone’s business entity, Vodafone have provided notice to surrender the existing 3GIS registered leases, as above, and grant a new lease for the same commercial rent under the recently agreed Standard Terms Document between Council and Vodafone for a 10 year tenure expiring 2029.

 

The proposed terms of the new Lease are as follows:

 

Term of Lease:                    10 years

Commencement Date:     1 July 2019

Expiry Date:                         30 June 2029

Option:                                 Nil

Commencing Rent:            $26,937.84 (excluding GST) per annum

Fixed Increase Dates:       Annual indexation of 5% on each anniversary of the Commencement Date

 

Section 236(1)(c)(vi) of the Local Government Regulation 2012 provides an exemption from the requirement to dispose of a lease interest in land other than by tender or auction if the disposal is for the purpose of a lease for a telecommunications facility.  The Council must however decide by resolution that the exemption applies to this category of disposal.  Further, the Council may only dispose of a lease interest in land if the consideration for the disposal would be equal to, or more than the market value of the interest of the land.

 

Previously, consecutive leases for telecommunications purposes were entered into between Council and telecommunications providers to avoid the trigger for the requirement under the Planning Act 2016 (Qld) wherein leases over part of freehold land with a term exceeding ten (10) years including options, would require a reconfiguration of a lot. A lease of part of land for a term of more than 10 years will not be registered by the Titles Registry without the requirements under the Planning Act 2016 (Qld), hence why consecutive leases were entered into.

 

A precedent court case in Victoria Equuscorp Pty Ltd v Belperio (2006) VSC 14 ruled that consecutive leases are in fact and in purpose one singular lease, divided for the purposes of circumventing legislation, and are therefore unenforceable.

Financial/RESOURCE IMPLICATIONS

 

Council play an integral role in providing support to telecommunications providers in helping them to deliver their mobile network for the community. The mobile network provides services that are an integral part of daily life to low income, vulnerable and disadvantaged customers.

If Council resolve to enter into this lease arrangement with Vodafone, Council will continue to receive rent revenue of $338,821.26 plus GST over the new 10 year term.

RISK MANAGEMENT IMPLICATIONS

If the recommendations for the new lease are not resolved, Vodafone will continue to operate under the existing 3GIS (obsolete business entity) leases registered on the Title of the property under terms and conditions negotiated in 2007.

Legal/Policy Basis

This report and its recommendations are consistent with the following legislative provisions:

Local Government Act 2009 + Local Government Regulation 2012 + Planning Act 2016

COMMUNITY and OTHER CONSULTATION

The contents of this report do not require internal consultation with the Infrastructure and Environment Department as there is an existing lease over the subject property until 2037. The grant of a new lease is to formalise an obsolete business entity.

The contents of this report does not require community consultation by Council.

Conclusion

It is recommended that Council proceed to enter into the surrender of existing leases between Council and 3GIS and grant a new Lease to Vodafone for a 10 year term over part of 61A Summit Drive, Springfield Lakes, described as Lot 1 on SP197460 at a commencing rent of $26,937.84 plus GST per annum with a 5% annual indexation.

Attachments and Confidential Background Papers

 

1.

Existing Lease Agreement to 3GIS - 01 June 2017 to 30 June 2027

2.

Existing Lease Agreement to 3GIS - 01 June 2027 to 30 June 2037

3.

Property Plan - 61A Summit Drive, Springfield Lakes

 

Kerry Perrett

Property Officer

I concur with the recommendations contained in this report.

Brett McGrath

Senior Property Officer

I concur with the recommendations contained in this report.

Andrew Knight

General Manager - Corporate Services

 

“Together, we proudly enhance the quality of life for our community”


Growth and Infrastructure Committee

Meeting Agenda

18 June

2019

Item 6 / Attachment 1.

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Growth and Infrastructure Committee

Meeting Agenda

18 June

2019

Item 6 / Attachment 2.

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Growth and Infrastructure Committee

Meeting Agenda

18 June

2019

Item 6 / Attachment 3.

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Growth and Infrastructure Committee

Meeting Agenda

18 June

2019

 

Doc ID No: A5540086

 

ITEM:              7

SUBJECT:        Proposed New Lease for Telecommunications Purposes to Optus Mobile Pty Limited located at 102 Champions Way, Willowbank

AUTHOR:       Property Officer

DATE:              27 May 2019

 

 

Executive Summary

This is a report concerning a proposal from Optus Mobile Pty Limited (Optus) for a new lease to accommodate the Optus equipment shelter over Council freehold land located at
102 Champions Way, Willowbank, described as part of Lot 1 on SP308694.

RECOMMENDATION

That the Interim Administrator of Ipswich City Council resolve:

A.             That pursuant to section 236(2) of the Local Government Regulation 2012 (the Regulation) the exception referred to in section 236(1)(c)(iii)and of the Regulation applies to Council on the disposal of the lease interest located at 102 Champions Way, Willowbank and described as part of Lot 1 on SP308694, by way of a new lease arrangement between Council and Optus Mobile Pty Limited for telecommunication purposes on the basis of disposal for the following terms:

                 1.  A lease for a term of 8 years commencing 1 July 2019.

B.             That Council (Interim Administrator of Ipswich City Council) enter into a new lease with Optus Mobile Pty Limited for an 8 year term commencing on 1 July 2019 at a commencing annual rent of $12,000 plus GST with an annual indexation of 2.5%.

C.             That the Chief Executive Officer be authorised to negotiate and finalise the terms of the proposed new lease arrangement as detailed in Recommendations A and B of the report by the Property Officer dated 27 May 2019 and do any other acts necessary to implement Council’s decision in accordance with section 13(3) of the Local Government Act 2009.

RELATED PARTIES

There are no related parties arising as a direct result of this report

Advance Ipswich Theme Linkage

Managing growth and delivering key infrastructure

Purpose of Report/Background

Optus is an infrastructure owner and provider to the wireless telecommunications industry.

Telstra Corporation Limited (Telstra) is the owner of the two towers originally constructed on the freehold land located at 102 Champions Way, Willowbank.  The existing lease to Telstra for the towers and equipment shelters are due to expire 30 June 2027.

 

Optus will enter into a tenure arrangement with Telstra over the existing tower over the property.  Optus has proposed an additional lease area for its equipment shelter to adjoin the existing Telstra lease area to expire 30 June 2027 to align with Telstra’s existing lease with Council.

 

Council sourced a written rental determination from an independent registered Valuer to inform the amount of consideration for telecommunications proposals in the City of Ipswich, consideration was given to the remote location of the subject property.  The quantum of the indexation rate has been a strong issue for debate with the various telecommunications providers involved with similar negotiations at other sites across the local government area.

 

The proposed terms of the Lease are as follows:

 

Term of Lease:                    8 years

Commencement Date:     1 July 2019

Expiry Date:                         30 June 2027

Option:                                 Nil

Commencing Rent:            $12,000.00 (excluding GST) per annum

Fixed Increase Dates:       Annual indexation of 2.5% on each anniversary of the Commencement Date

 

Section 236(1)(c)(vi) of the Local Government Regulation 2012 provides an exemption from the requirement to dispose of a lease interest in land other than by tender or auction if the disposal is for the purpose of a lease for a telecommunications facility.  The Council must however decide by resolution that the exemption applies to this category of disposal.  Further, the Council may only dispose of a lease interest in land if the consideration for the disposal would be equal to, or more than the market value of the interest of the land.

Financial/RESOURCE IMPLICATIONS

 

Council play an integral role in providing support to telecommunications providers in helping them to deliver their mobile network to the community. The mobile network provides services that are an integral part of daily life to low income, vulnerable and disadvantaged customers.

If Council resolve to enter into this lease arrangement with Optus, Council will receive an income of $104,833.40 plus GST for the 8 year term.

RISK MANAGEMENT IMPLICATIONS

If the recommendations for the new lease are not resolved, there will be delays in Optus finding an alternative site to provide vital and reliable telecommunications coverage to the area. Council will also lose $104,833.40 rent revenue over the 8 year term, and the loss of rent for any further terms that would be negotiated.

Legal/Policy Basis

This report and its recommendations are consistent with the following legislative provisions:

Local Government Act 2009 + Local Government Regulation 2012 + Planning Act 2016

COMMUNITY and OTHER CONSULTATION

The Infrastructure and Environment Department has advised that it has no objections to entering into a new lease with Optus for an equipment shelter over the property.                                                                                     

Council engaged an independent registered valuer to prepare a valuation report to determine an appropriate rent for the subject site for telecommunications purposes for an equipment shelter only. In undertaking the assessment of rent the valuer adopted the market approach. The market approach provides for an indication of value by comparing the subject asset with identical or similar assets for which price information is available.

The content of this report does not require community consultation by Council.

Conclusion

It is recommended that Council proceed to enter into a Lease with Optus for an 8 year term over part of 102 Champions Way, Willowbank, described as Lot 1 on SP308694 at a commencing rent of $12,000 plus GST per annum with a 2.5% annual indexation.

Attachments and Confidential Background Papers

 

1.

Proposed Lease Area - 102 Champions Way, Willowbank

2.

Site Layout Plan - 16-102 Champions Way, Willowbank

 

 

 

CONFIDENTIAL

3.

Valuation Report - Rent Assessment - 102 Champions Way, Willowbank  

 

Kerry Perrett

Property Officer

I concur with the recommendations contained in this report.

Brett McGrath

Senior Property Officer

I concur with the recommendations contained in this report.

Andrew Knight

General Manager - Corporate Services

 

“Together, we proudly enhance the quality of life for our community”


Growth and Infrastructure Committee

Meeting Agenda

18 June

2019

Item 7 / Attachment 1.

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Growth and Infrastructure Committee

Meeting Agenda

18 June

2019

Item 7 / Attachment 2.


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