Late Reports Agenda of Council Ordinary Meeting

Council

Meeting Agenda

24 March

2020

Doc ID No: A6111700

The Chairperson has determined this matter is of real urgency and approval has been given to refer this report to the Council as a late item.

ITEM: 1.1

SUBJECT: Temporary Local Planning Instruments No. 1 and No. 2 of 2020 (Waste Activity Regulation)

AUTHOR: Manager, City Design

DATE: 12 March 2020

Executive SummarY

This is a report concerning the adoption of the proposed remade Temporary Local Planning Instruments (TLPIs) for the regulation of waste activity uses; Temporary Local Planning Instrument No. 1 of 2020 (cited as TLPI No. 1 / 2020), which regulates waste activity uses in the Swanbank / New Chum waste activity area and Temporary Local Planning Instrument
No. 2 of 2020 (cited as TLPI No. 2 / 2020), which regulates waste activity uses in the Ebenezer / Willowbank / Jeebropilly waste activity area.

In accordance with the Planning Act 2016, the current TLPIs expire this year. Temporary Local Planning Instrument No. 1 of 2018 (Waste Activity Regulation) expires on 6 April 2020, and Temporary Local Planning Instrument No. 2 of 2018 (Waste Activity Regulation) expires on 29 May 2020.

On 19 March 2020, Council received correspondence from the Minister for State Development, Manufacturing, Infrastructure and Planning notifying of the Minister’s decision to exercise his powers under section 27 of the Planning Act 2016 (the Planning Act) to make Temporary Local Planning Instrument No. 1 of 2020 (cited as TLPI No. 1 / 2020) for the Swanbank/New Chum waste activity area. The Minister’s correspondence also notifies of the Minister’s approval to make proposed TLPI No. 2 of 2020 for the Ebenezer / Willowbank / Jeebropilly waste activity area by Council, with an early effective day of
28 January 2020 (Attachment 1 and 2). As the Minister intends to exercise his powers under section 27 of the Planning Act to make TLPI No. 1 of 2020, there is no need for Council to take further action in this regard.

On 11 March 2020, Council also received correspondence from the Minister for Local Government, Racing and Multicultural Affairs approving the remaking of both TLPIs as a ‘major policy decision’ in accordance with the provisions of Section 90(B) of the Local Government Act 2009, as exceptional circumstances apply, and it is in the public interest for Council to remake the TLPIs during or immediately after the caretaker period for local government elections (2020), to provide policy continuity (Attachment 3). This approval is now only relevant to the making of TLPI No. 2 of 2020 for the Ebenezer / Willowbank / Jeebropilly waste activity area by Council.

Recommendation/s

That the Interim Administrator of Ipswich City Council resolve:

A. That Council adopt Temporary Local Planning Instrument No. 2 of 2020 as included in Attachment 4 in accordance with correspondence from the Minister for State Development, Manufacturing, Infrastructure and Planning dated
18 March 2020 approving the making of the instrument.

B. That the Manager, City Design, be requested to attend to the relevant matters associated with the implementation of the temporary local planning instrument, including:

1. amending the relevant documents and Council databases;

2. placement of public notices of the temporary local planning instrument; and

3. forwarding notification of the adoption of the temporary local planning instrument to the Chief Executive of the Department of State Development, Manufacturing, Infrastructure and Planning pursuant to the provisions of the Planning Act 2016 and the Minister’s Guidelines and Rules.

RELATED PARTIES

State government

On 6 April 2018, the Honourable Cameron Dick MP, Minister for State Development, Manufacturing, Infrastructure and Planning made Temporary Local Planning Instrument No. 1 of 2018 (Waste Activity Regulation) (cited as TLPI No. 1 / 2018) in accordance with section 27(3) of the Planning Act 2016. TLPI No. 1 / 2018 applies to the regionally significant economic area of Swanbank / New Chum. On 18 December 2019, officers from the Department of State Development, Manufacturing, Infrastructure and Planning advised that Council may proceed to forward a proposal to the Minister to remake TLPI No. 1 / 2018.

Temporary Local Planning Instrument No. 2 of 2018 (Waste Activity Regulation) (cited as TLPI No. 2 / 2018) was made by Council and applies to the area of Ebenezer / Willowbank / Jeebropilly. The two TLPIs are identical, apart from their respective areas of influence. To ensure the continuity of existing waste activity use assessment provisions across the entire local government area, extension of both waste activity regulation TLPIs is required.

On 28 January 2020, Council resolved to remake TLPI No. 1 / 2018 and TLPI No. 2 / 2018 as TLPI No. 1 / 2020 and TLPI No. 2 / 2020.

In accordance with Council resolution 21C of the meeting of 28 January 2020, correspondence was forwarded to the Minister for State Development, Manufacturing, Infrastructure and Planning on 11 February 2020, requesting permission to adopt the proposed TLPIs No. 1 / 2020 and No. 2 / 2020. On 11 February 2020, correspondence was also forwarded to the Minister for Local Government, Racing and Multicultural Affairs in accordance with Council resolution 21D of the meeting of 28 January 2020, requesting permission to approve the remaking of the TLPIs (in accordance with the provisions of Section 90(B) of the Local Government Act 2009) during the caretaker period for local government elections (2020), as exceptional circumstances apply.

On 11 March 2020, Council received correspondence from the Minister for Local Government, Racing and Multicultural Affairs notifying Council that the adoption of the TLPIs may proceed as a ‘major policy decision’ during (or immediately after) the caretaker period (Attachment 3).

On 19 March 2020, Council received two pieces of correspondence from the Minister for State Development, Manufacturing, Infrastructure and Planning dated 18 March 2020 (Attachment 1 and 2). The correspondence notified of the Minister’s intent to exercise his powers under section 27 of the Planning Act to make TLPI No. 1 of 2020 for the Swanbank/New Chum waste activity area. With these powers being exercised by the Minister, there is no need for Council to take further action with regard to TLPI No. 1 of 2020. The correspondence received on 19 March 2020 also advised of the Minister’s approval for Council to make Temporary Local Planning Instrument No. 2 of 2020, with an early effective day of 28 January 2020.

Advance Ipswich Theme

Managing growth and delivering key infrastructure

Purpose of Report/Background

Background

Ipswich has experienced substantial growth in the volume of waste being received at various sites throughout the City, and this has in turn generated significant levels of concern in the community regarding waste industry operations, and has raised questions as to the need and appropriateness of the quantity of waste being disposed of in Ipswich.

The occurrence of former open cut mining voids located within the Ipswich local government area has resulted in the establishment of waste activities including landfills and compost manufacturing, particularly in the regional business and industry areas of Swanbank / New Chum and Ebenezer / Willowbank / Jeebropilly.

On 6 April 2018, the Honourable Cameron Dick MP, Minister for State Development, Manufacturing, Infrastructure and Planning made TLPI No. 1 / 2018. The intent of TLPI No. 1 / 2018 was to take urgent action to ensure that the regionally significant economic area of Swanbank / New Chum is appropriately regulated to protect existing, approved or planned residential and other sensitive receiving land uses from adverse impacts associated with waste activity uses. Subsequently, Council made TLPI No. 2 / 2018 with an early effective day of 29 May 2018 to similarly regulate waste activity uses in the Ebenezer / Willowbank / Jeebropilly Waste Activity Area. Each TLPI suspends and otherwise affects the operation of the provisions contained in the Ipswich Planning Scheme 2006 to the extent of matters outlined within each TLPI for each of their respective areas.

On 28 January 2020, Council resolved to remake both TLPIs (as TLPI No. 1 / 2020 and TLPI No. 2 / 2020) in order to ensure the continuation of the current regulatory framework during the caretaker period for local government elections (2020), and into the initial period of the new Council administration.

Purpose of Report

Approval to make a major policy decision under exceptional circumstances during the local government election caretaker period has been received from the Minister for Local Government, Racing and Multicultural Affairs (Attachment 3). Correspondence dated 18 March 2020 from the Minister for State Development, Manufacturing, Infrastructure and Planning provides the Minister’s approval to make TLPI No.2 of 2020 by Council and also provides Notice to Council that the Minister intends to exercise his powers under the Planning Act to make TLPI No. 1 of 2020 himself (Attachment 1 and 2).

It is recommended that Council adopt TLPI No. 2 of 2020 for the Ebenezer / Willowbank / Jeebropilly Waste Activity Area as contained in Attachment 4.

Public notice

Adoption of TLPI No. 2 of 2020 under the Planning Act 2016 and Minister’s Guidelines and Rules requires Council to publish a public notice:

· in the Queensland Government Gazette;

· in a newspaper circulating in the local government area; and

· on the local government’s website.

Accordingly, it is proposed that the public notice for TLPI No. 2 of 2020 be published on the next available publication date of the Queensland Government Gazette following the Council meeting.

Legal/Policy Basis

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

Planning Act 2016

RISK MANAGEMENT IMPLICATIONS

Alignment of waste activity regulation across all waste activity areas

To ensure consistency of assessment requirements for waste activities across the City, it is recommended that the Council adopt TLPI No. 2 of 2020.

Timeframes and available Council meetings

It is considered judicious to act on the Minister for Local Government, Racing and Multicultural Affairs’ approval to make TLPI No. 2 of 2020 as a ‘major policy decision’ during the 2020 local government election caretaker period to ensure both TLPIs are made as soon as practical. The original TLPIs will expire during April and May 2020 and delay in the approval of the remade TLPIs could encourage a misunderstanding of what is otherwise a clear intent to maintain the current regulatory environment for waste activities.

Financial/RESOURCE IMPLICATIONS

There are no direct financial or resource implications to Council relating to the adoption of TLPI No. 2 of 2020 for the Ebenezer / Willowbank / Jeebropilly Waste Activity Area.

COMMUNITY and OTHER CONSULTATION

A temporary local planning instrument under the Planning Act 2016 suspends or otherwise affects the operation of the planning scheme. The making of a TLPI is intended to protect all or part of a local government area from adverse impacts in urgent or emergent circumstances, and where the delay involved in amending the planning scheme would increase the perceived risk. As a TLPI is not a planning scheme amendment and is temporary in nature, in accordance with the Planning Act 2016, there are no requirements for public consultation prior to adoption.

Notwithstanding, public consultation on the new draft planning scheme (which will incorporate contemporary development assessment provisions for waste activity uses) will occur at a later date, enabling formal comment and submissions from the community and waste industry.

Conclusion

It is recommended that Council adopt Temporary Local Planning Instrument No. 2 of 2020 as contained in Attachment 4.

Attachments and Confidential Background Papers

1	DSDMIP Ministerial approval to make TLPI No. 2 2020 18 March 2020 ⇩
2	DSDMIP Ministerial notification of intent to make TLPI No. 1 2020 18 March 2020 ⇩
3	DLGRMA Ministerial approval to make major policy decision 11 March 2020 ⇩
4	Proposed TLPI No. 2 / 2020 ⇩