Agenda of Council Ordinary Meeting - Thursday, 24 March 2022

Council

Meeting Agenda

24 March

2022

Unconfirmed Minutes of Council Ordinary Meeting

24 February 2022

Held in the Council Chambers, Administration Building

1 Nicholas Street, Ipswich

The meeting commenced at 9.01 am

ATTENDANCE AT COMMENCEMENT	Mayor Teresa Harding (Chairperson); Councillors Jacob Madsen, Sheila Ireland, Paul Tully, Marnie Doyle, Andrew Fechner, Kate Kunzelmann, Russell Milligan and Deputy Mayor Nicole Jonic
WELCOME TO COUNTRY OR ACKNOWLEDGEMENT OF COUNTRY	Councillor Kate Kunzelmann
OPENING PRAYER	Councillor Sheila Ireland
APOLOGIES AND LEAVE OF ABSENCE	Nil

5. Condolences

5.1 Condolence

Mr KenNETH george smith

Moved by Councillor Marnie Doyle:

That Council convey condolences, on behalf of the citizens of the City of Ipswich, to the family of the late Kenneth George Smith who passed away on 10 February 2022.

AFFIRMATIVE NEGATIVE

Councillors: Councillors:

Harding Nil

Madsen

Ireland

Tully

Doyle

Fechner

Kunzelmann

Milligan

Jonic

The motion was put and carried.

Attachments

1. Condolence Motion - Mr Kenneth Smith

5.2 Condolence

mr murray kendrick

Moved by Councillor Sheila Ireland:

That Council convey condolences, on behalf of the citizens of the City of Ipswich, to the family of the late Murray Kendrick who passed away on 31 January 2022.

AFFIRMATIVE NEGATIVE

Councillors: Councillors:

Harding Nil

Madsen

Ireland

Tully

Doyle

Fechner

Kunzelmann

Milligan

Jonic

The motion was put and carried.

Attachments

1. Condolence Motion - Mr Murray Kendrick

5.3 Condolence

DIANNE BRASHER

Moved by Councillor Marnie Doyle:

That Council convey condolences, on behalf of the citizens of the City of Ipswich, to the family of the late Dianne Brasher who passed away in February 2022.

AFFIRMATIVE NEGATIVE

Councillors: Councillors:

Harding Nil

Madsen

Ireland

Tully

Doyle

Fechner

Kunzelmann

Milligan

Jonic

The motion was put and carried.

6. tRIBUTES

6.1 Tribute

Les and marion Retschlag – 60^th wedding anniversary

Moved by Councillor Russell Milligan:

Tribute to Les and Marion Retschlag on their 60^th Wedding Anniversary on Tuesday, 3 March 2022.

Attachments

1. Tribute - Les and Marion Retschlag - 60th Wedding Anniversary

7. PresentATion OF Petitions	Nil
8. PresentATions and Deputations	Nil
9. Public Participation	Nil

10. Matters of Public Interest

10.1 Matter of Public Interest

Retirement of peter and suzie bellingham – ipswich florists

Moved by Mayor Teresa Harding:

That the Matter of Public Interest in relation to the retirement of Peter and Suzie Bellingham of Ipswich Florists be noted.

AFFIRMATIVE NEGATIVE

Councillors: Councillors:

Harding Nil

Madsen

Ireland

Tully

Doyle

Fechner

Kunzelmann

Milligan

Jonic

The motion was put and carried.

Attachments

1. Retirement of Peter and Suzie Bellingham - Ipswich Florists

10.2 Matter of Public Interest

The future of motorsports in ipswich

Moved by Mayor Teresa Harding:

That the Matter of Public Interest in relation to the future of Motorsports in Ipswich be noted.

AFFIRMATIVE NEGATIVE

Councillors: Councillors:

Harding Nil

Madsen

Ireland

Tully

Doyle

Fechner

Kunzelmann

Milligan

Jonic

The motion was put and carried.

Attachments

1. Willowbank Commonwealth Grant

11. Declarations of Interest in matters on the agenda

Councillor Andrew Fechner

In accordance with section 150EQ of the Local Government Act 2009, Councillor Andrew Fechner informed the meeting that he has a declarable conflict of interest in the following Items:

· Item 8 within Item 15.2 of the Governance and Transparency Committee’s Report titled Procurement: Contract 17692 Organic Waste Management Services.

The nature of the interest is that Councillor Fechner has a personal relationship with Mr Jacob Wilson and his immediate family. Mr Wilson is Chief Commercial Officer and Director of NuGrow Ipswich Pty Ltd with which Council may enter a contract for the provision of organic waste management services.

· Item 15.6 titled Ipswich Central Redevelopment Committee’s Report

· Item 16.5 titled Nicholas Street Precinct Parking Access system Upgrade

The nature of the interest is that Councillor Fechner stands to gain a benefit or suffer a loss due to his business interest in both A1A Events Pty Ltd and Bar Heisenberg Pty Ltd which is located in the top of town at 164 Brisbane Street, Ipswich.

Councillor Andrew Fechner advised that he will leave the meeting room (including any area set aside for the public) while these matters are being discussed and voted on.

COUNCILLOR JACOB MADSEN

In accordance with section 150EQ of the Local Government Act 2009, Councillor Jacob Madsen informed the meeting that he has a declarable conflict of interest in the following items:

· Item 15.6 titled Ipswich Central Redevelopment Committee’s Report

· Item 16.5 titled Nicholas Street Precinct Parking Access system Upgrade

The nature of the interest is that Councillor Madsen is a member of the Ipswich Trades Hall and Labour Day Committee Executive which manages the Ipswich Trades Hall which is adjacent to the CBD redevelopment works that Council is undergoing.

Councillor Jacob Madsen advised that he will leave the meeting room (including any area set aside for the public) while these matters are being discussed and voted on.

MAYOR TERESA HARDING

In accordance with section 150EQ(3)(b) and 150EQ(3)(c) of the Local Government Act 2009, Mayor Teresa Harding advised that she provided notice to the Chief Executive Officer on 21 February 2022 of a declarable conflict of interest in relation to an internal email that was circulated concerning two grant funding opportunities for federal and state funding that may involve South Station Road and Nolan Street.

The nature of the interest is that Mayor Teresa Harding lives on or near the proposed works for South Station Road and Nolan Street.

Mayor Harding advised that if this topic arises she will leave the meeting room (including any area set aside for the public) while these matters are being discussed and voted on.

DEPUTY MAYOR NICOLE JONIC

In accordance with sections 150EQ(3)(c) and (4) of the Local Government Act 2009, Deputy Mayor Nicole Jonic advised the Chief Executive Officer on 23 February 2022 that she may have a declarable conflict of interest in Item 16.6 of the Council Ordinary Meeting Minutes of 27 January 2022 titled Procurement – Online Advertising.

(a) The nature of the possible conflict of interest is that there may be some perceived connection between the Council decision and her minor role with a related party;

(b) The related party is Star Broadcasting Network Pty Ltd;

(d) The nature of the related party’s interest in the matter is nil.

Deputy Mayor Jonic considered that the matter was too remote to require declaration however stated that she is providing the declaration for the purpose of transparency, integrity and accountability.

It was moved by Councillor Paul Tully and seconded by Councillor Sheila Ireland that as Deputy Mayor Jonic had no personal or financial benefit in Item 16.6 that it be recorded that she was permitted to participate and vote on the matter as a reasonable person would trust that the final decision was made in the public interest.

AFFIRMATIVE NEGATIVE

Councillors: Councillors:

Madsen Harding

Ireland

Tully

Doyle

Fechner

Kunzelmann

Milligan

Councillor Jonic did not take part in the vote on this matter.

The motion was put and carried.

DEPUTY MAYOR NICOLE JONIC

As previously declared at the Governance and Transparency Committee on 10 February 2022, Deputy Mayor Jonic informed the meeting that in accordance with section 150EM of the Local Government Act 2009, she has a prescribed conflict of interest in Item 8 titled Procurement: Contract for 17692 Organic Waste Management Services.

The nature of the prescribed conflict of interest is Remondis are listed as having submitted a tender offer (however, in the comments section under tender rankings it states Remondis declined to submit an offer for this Request for Tender). Deputy Mayor Jonic’s relationship with Remondis is that two (2) of her brothers are employees.

Deputy Mayor Nicole Jonic advised that she will leave the meeting room (including any area set aside for the public) while this matter is being discussed and voted on.

12. Confirmation of Minutes

12.1

Confirmation of Minutes of Ordinary Meeting

Moved by Mayor Teresa Harding:

Seconded by Councillor Russell Milligan:

That the Minutes of the Ordinary Meeting held on 27 January 2022 be confirmed.

AFFIRMATIVE NEGATIVE

Councillors: Councillors:

Harding Nil

Madsen

Ireland

Tully

Doyle

Fechner

Kunzelmann

Milligan

Jonic

The motion was put and carried.

13. mayoral Minute

Nil

14. Business Outstanding – INCLUDING CONDUCT Matters AND MATTERS Lying on the Table to be Dealt With

14.1

Procurement - Robelle Domain Parklands Facility Lease

Moved by Councillor Jacob Madsen:

Seconded by Deputy Mayor Nicole Jonic:

A. That pursuant to Section 228(3)(a) of the Local Government Regulation 2012 (Regulation), Council resolve that it would be in the public interest to invite expressions of interest before inviting written tenders for the disposal of interest in land (lease) at 155 Southern Cross Circuit, Springfield Central more particularly described as part of Lot 762 and Plan SP221160 (Council file reference number 17859).

B. That pursuant to Section 228(3)(b) of the Regulation, Council’s reasons for making such resolution are that:

(i) it will allow Council to canvas the market for information to guide the best use of the facility;

(ii) it will allow Council to identify operators with serious interest and ability, without putting all parties to the expense of submitting full tender responses at this early stage of the project;

(iii) it will save Council the expense of running a request for tender and evaluating it at this early stage of the project.

AFFIRMATIVE NEGATIVE

Councillors: Councillors:

Harding Nil

Madsen

Ireland

Tully

Doyle

Fechner

Kunzelmann

Milligan

Jonic

The motion was put and carried.

Matter to be lifted from the table

Moved by Mayor Teresa Harding:

Seconded by Councillor Paul Tully:

That Item 14.2 titled Media and Corporate Communications Policy be lifted from the table.

AFFIRMATIVE NEGATIVE

Councillors: Councillors:

Harding Nil

Madsen

Ireland

Tully

Doyle

Fechner

Kunzelmann

Milligan

Jonic

The motion was put and carried.

14.2 Media and Corporate Communications Policy	Recommendation A. That the policy titled “Media Policy as outlined in Attachment 1, be repealed. B. That the draft policy titled “Media and Corporate Communications Policy” as outlined in Attachment 2, be adopted.
	Mayor Teresa Harding moved that this matter be referred to the 10 March Growth, Infrastructure and Waste Committee meeting for recommendation.
	Moved by Mayor Teresa Harding: Seconded by Councillor Paul Tully: That the Media and Corporate Communications Policy be referred to the Growth, Infrastructure and Waste Committee scheduled for 10 March 2022.
	AFFIRMATIVE NEGATIVE Councillors: Councillors: Harding Nil Madsen Ireland Tully Doyle Fechner Kunzelmann Milligan Jonic The motion was put and carried.

15. Reception and Consideration of Committee Reports

15.1

Growth Infrastructure and Waste Committee

Moved by Mayor Teresa Harding:

Seconded by Councillor Andrew Fechner:

That the Growth Infrastructure and Waste Committee Report No. 2022(01) of 10 February 2022 be noted.

AFFIRMATIVE NEGATIVE

Councillors: Councillors:

Harding Nil

Madsen

Ireland

Tully

Doyle

Fechner

Kunzelmann

Milligan

Jonic

The motion was put and carried.

15.2

Governance and Transparency Committee

Moved by Councillor Jacob Madsen:

Seconded by Councillor Kate Kunzelmann:

That Council adopt the recommendations of the Governance and Transparency Committee No. 2022(01) of 10 February 2022 with the exception of Item 8.

In accordance with Deputy Mayor Jonic’s previous declaration for Item 8 within Item 15.2 of the Governance and Transparency Committee’s Report titled Procurement: Contract 17692 Organic Waste Management Services, Deputy Mayor Jonic advised she will leave the meeting room for discussion and vote on this matter.

AFFIRMATIVE NEGATIVE

Councillors: Councillors:

Harding Nil

Madsen

Ireland

Tully

Doyle

Fechner

Kunzelmann

Milligan

Jonic

The motion was put and carried.

This block motion adopts all items with the exception of Item 8 of the Governance and Transparency Committee No. 2022(01) of
10 February 2022 as listed below as resolutions of Council:

Governance and Transparency Committee – ITEM 1

Confirmation of Minutes of the Governance and Transparency Committee No. 2021(11) of 1 December 2021

That the minutes of the Governance and Transparency Committee No. 2021(11) held on 1 December 2021 be confirmed.

Governance and Transparency Committee – ITEM 2

Quarter 2 - Operational Plan 2021-2022 Quarterly Performance

That the report be received and the contents noted.

Governance and Transparency Committee – ITEM 3

Revised Indigenous Accord Policy

A. That the Policy titled, “Indigenous Australian Social Justice Accord Policy (current)” as detailed in Attachment 1 be repealed.

B. That the Policy titled, “Indigenous Accord Policy (revised)” as detailed in Attachment 2 be adopted.

Governance and Transparency Committee – ITEM 4

Boundary Anomalies Between Ipswich City Council and Lockyer Valley Regional Council

A. That Council resolve to support an application by Lockyer Valley Regional Council to the Minister for State Development, Infrastructure, Local Government and Planning and to the Local Government Change Commission to have included Lot 84 Unnamed Road, Grandchester (47 Beames Road, Laidley South) more particularly described as Lot 84 on Crown Plan CC389, in its entirety, in the Ipswich City Council boundary and excluded from the Lockyer Valley Regional Council boundary.

B. That Council resolve to support an application by Lockyer Valley Regional Council to the Minister for Local Government and the Local Government Change Commission to have included 379-449 Coynes Road, Mount Mort and Lot 16 Coynes Road, Mount Mort more particularly described as Lots 14 & 16 on SP200498 respectively, in the Lockyer Valley Regional Council area.

C. That pursuant to Section 257(1)(b) of the Local Government Act 2009, Council resolve to delegate to the Chief Executive Officer the power to take any action in order to implement Council’s decisions.

Governance and Transparency Committee – ITEM 5

New Lease Over Part of 125A Chubb Street, One Mile to West Moreton Greyhound Owners & Trainers Association Inc.

A. That pursuant to section 236(2) of the Local Government Regulation 2012 (Regulation), Council resolve that the exception at section 236(1)(b)(ii) of the Regulation applies to the disposal of interest in land at 125A Chubb Street, One Mile, described as part of Lot 69 on SP169626 for greyhound training purposes, because West Moreton Greyhound Owners & Trainers Association Inc. (Lessee) is a community organisation.

B. That Council enter into a lease (Council file reference 5514) with the Lessee:

(i) at a yearly rent of $1.00 excluding GST, payable to Council if demanded, and

(ii) for a term of five (5) years, with a five (5) year option for extension.

Governance and Transparency Committee – ITEM 6

Acquisition of Easement for INF04088 Hayne Street Drainage Project

That pursuant to section 362 of the Land Act 1994, Council accept the State’s offer to approve an easement over the Hayne Street Reserve (“Reserve”) located at 7A Hayne Street, Woodend, described as Lot 10 on RP818248.

Governance and Transparency Committee – ITEM 7

Acquisition of Land for Road Purposes for INF03875 Keanes Road Rosewood Bridge Replacement

A. That Council resolve to purchase or acquire part of land located at
1008-1028 Ipswich-Rosewood Road, Rosewood, described as part of Lot 1 on RP35531 (“the land”) (Council file reference 5523), for road purposes.

B. That in the first instance the method of acquisition will be as a purchase by agreement with the affected persons pursuant to the Property Law Act 1974.

C. That should Council fail to purchase the land by agreement with the affected persons (as outlined in recommendation B above), Council, as a “constructing authority” pursuant to Section 5(1)(b)(i) of the Acquisition of Land Act 1967, will proceed to acquire the subject land.

D. That Council be kept informed as to the progress and outcome of the acquisition.

Governance and Transparency Committee – ITEM 9

Procurement: TCP - 18178 Geographic Information System (GIS) Enterprise Spatial Solution

A. That pursuant to Section 230(1)(a) of the Local Government Regulation 2012 (Regulation), Council resolve to prepare Tender Consideration Plan number 18178 for the provision of a Geographic Information System (GIS) Enterprise Spatial Solution (including acquisition, implementation, and ongoing licencing, support, maintenance, upgrade and other related ancillary items).

B. That pursuant to Section 230(1)(b) of the Local Government Regulation 2012 (Regulation), Council resolve to adopt Tender Consideration Plan number 18178 that was prepared for the provision of a Geographic Information System (GIS) Enterprise Spatial Solution (including acquisition, implementation, and ongoing licencing, support, maintenance, upgrade and other related ancillary items) as detailed in the report by the Contracts Officer ICT dated 21 January 2022.

Governance and Transparency Committee – ITEM 10

Procurement: Intergraph (Hexagon) Spatial Software Maintenance

A. That pursuant to Section 235(a) of the Local Government Regulation 2012 (Regulation), Council resolve that the exception applies as it is satisfied that there is only one supplier who is reasonably available for the provision of the support and maintenance of the software products.

B. That Council enter into a contractual arrangement with Intergraph Corporation Pty Ltd T/A Hexagon Geospatial on a yearly or shorter basis as required for up to the next three (3) years at an approximate purchase price of $65,000.00 excluding GST over the three (3) year period.

Governance and Transparency Committee – ITEM 11

Procurement - Robelle Domain Parklands Facility Lease

That this report be referred to the Council Ordinary Meeting on 24 February for further deliberation by councillors.

At 9.41 am Councillors Andrew Fechner and Deputy Mayor Nicole Jonic left the meeting room due to a previously declared interest in Item 8.

Governance and Transparency Committee – ITEM 8

Procurement: Contract 17692 Organic Waste Management Services

Moved by Councillor Jacob Madsen:

Seconded by Councillor Sheila Ireland:

A. That pursuant to Section 228 of the Local Government Regulation 2012 (Regulation), Council award Tender No. #17692 for the provision of Organic Waste Management Services to NuGrow Ipswich Pty Ltd (Supplier).

B. That Council enter into a contractual arrangement with the Supplier at an approximate purchase price of $4,459,598.00 (excluding GST) over the entire term, being an initial term of two (2) years and three (3) months, with options for extension at the discretion of Council (as purchaser), of an additional two (2) X one (1) year terms.

C. That pursuant to Section 257(1)(b) of the Local Government Act 2009, Council resolves to delegate to the Chief Executive Officer the power to take “contractual action” pursuant to section 238 of the Regulation, in order to implement Council’s decision.

AFFIRMATIVE NEGATIVE

Councillors: Councillors:

Harding Nil

Madsen

Ireland

Tully

Doyle

Kunzelmann

Milligan

All Councillors except Councillor Andrew Fechner and Deputy Mayor Nicole Jonic were present when the vote was taken.

The motion was put and carried.

At 9.44 am Councillor Andrew Fechner and Deputy Mayor Nicole Jonic returned to the meeting room.

15.3

Community, Culture, Arts and Sport Committee

Moved by Councillor Andrew Fechner:

Seconded by Councillor Kate Kunzelmann:

That Council adopt the recommendations of the Community, Culture, Arts and Sport Committee
No. 2022(01) of 10 February 2022.

AFFIRMATIVE NEGATIVE

Councillors: Councillors:

Harding Nil

Madsen

Ireland

Tully

Doyle

Fechner

Kunzelmann

Milligan

Jonic

The motion was put and carried.

This block motion adopts all items of the Community, Culture, Arts and Sport Committee No. 2022(01) of 10 February 2022 as listed below as resolutions of Council:

Community, Culture, Arts and Sport Committee – ITEM 1

Confirmation of Minutes of the Community, Culture, Arts and Sport Committee No. 2021(11) of 1 December 2021

That the minutes of the Community, Culture, Arts and Sport Committee held on 1 December 2021 be confirmed.

Community, Culture, Arts and Sport Committee – ITEM 2

Quarterly Event Sponsorship and Ticket Allocation Report

A. That Council note the following event sponsorship was approved during the 1 October to 31 December 2021 period:

· Category 2 Event Sponsorship of $24,721 ex GST and marketing in-kind support up to $5,000 in value as well as Venue Hire of $350 standard ground permit at the North Ipswich Reserve to the Brisbane Roar Football Club for the 2021 A-league friendly football match between Brisbane Roar and Adelaide United Football Clubs.

B. That Council note there were no event sponsorship ticket allocations made.

Community, Culture, Arts and Sport Committee – ITEM 3

Recreational Cycling and Walking Action Plan

That Council adopt the Recreational Cycling and Walking Action Plan, as detailed in Attachment 1.

15.4

Economic and Industry Development Committee

Moved by Deputy Mayor Nicole Jonic:

Seconded by Councillor Andrew Fechner:

That Council adopt the recommendations of the Economic and Industry Development Committee
No. 2022(01) of 10 February 2022.

AFFIRMATIVE NEGATIVE

Councillors: Councillors:

Harding Nil

Madsen

Ireland

Tully

Doyle

Fechner

Kunzelmann

Milligan

Jonic

The motion was put and carried.

This block motion adopts all items of the Economic and Industry Development Committee No. 2022(01) of 10 February 2022 as listed below as resolutions of Council:

Economic and Industry Development Committee – item 1

Confirmation of Minutes of the Economic and Industry Development Committee No. 2021(11) of 1 December 2021

That the minutes of the Economic and Industry Development Committee held on 1 December 2021 be confirmed.

15.5

Environment and Sustainability Committee

Moved by Councillor Russell Milligan:

Seconded by Councillor Andrew Fechner:

That Council adopt the recommendations of the Environment and Sustainability Committee No. 2022(01) of 10 February 2022.

AFFIRMATIVE NEGATIVE

Councillors: Councillors:

Harding Nil

Madsen

Ireland

Tully

Doyle

Fechner

Kunzelmann

Milligan

Jonic

The motion was put and carried.

This block motion adopts all items of the Environment and Sustainability Committee No. 2022(01) of 10 February 2022 as listed below as resolutions of Council:

Environment and Sustainability Committee – item 1

Confirmation of Minutes of the Environment and Sustainability Committee No. 2021(11) of 1 December 2021

That the minutes of the Environment and Sustainability Committee held on 1 December 2021 be confirmed.

Environment and Sustainability Committee – item 2

Aggressive Native Bird Program Update

That the report be received and the contents noted.

Environment and Sustainability Committee – item 3

Updates to the Ipswich Enviroplan Program and Levy Policy

A. That the current policy titled “Ipswich Enviroplan Program and Levy Policy” as outlined in Attachment 1 be repealed.

B. That the draft policy titled “Ipswich Enviroplan Program and Levy Policy” as outlined in Attachment 3, be adopted.

Environment and Sustainability Committee – item 4

Ipswich Integrated Catchment Plan

A. That Council adopt the Ipswich Integrated Catchment Plan and associated technical report and studies, as the primary strategic local floodplain management plan as recommended by the Queensland Flood Commission of Inquiry and the Brisbane River Strategic Floodplain Management Plan.

B. That Council develop an implementation and investment plan that identifies current and future funding requirements for the implementation of the Ipswich Integrated Catchment Plan actions and seek to identify funding sources in future operational and capital budgets and/or external grants.

C. That the Executive Summary be amended to change the wording “The IICP includes an actions list/investment strategy with 72 recommendations.” to “The IICP includes an actions list/investment strategy with 68 recommendations.”

Environment and Sustainability Committee – item 5

Franklin Vale Creek Catchment Restoration Plan 2021-2026

A. That the Franklin Vale Creek Catchment Restoration Plan 2021-2026 be received and noted.

B. That Council’s partnership with the Australian Rivers Institute/Griffith University be perpetuated through the participation and collaboration of student internships and research programs (when required) in association with the Franklin Vale Creek Initiative.

At 9.48 am Councillors Andrew Fechner and Jacob Madsen left the meeting room due to a previously declared interest in Item 15.6.

15.6

Ipswich Central Redevelopment Committee

Moved by Councillor Marnie Doyle:

Seconded by Councillor Kate Kunzelmann:

That Council adopt the recommendations of the Ipswich Central Redevelopment Committee No. 2022(01) of 10 February 2022.

AFFIRMATIVE NEGATIVE

Councillors: Councillors:

Harding Nil

Ireland

Tully

Doyle

Kunzelmann

Milligan

Jonic

All Councillors except Councillor Jacob Madsen and Councillor Andrew Fechner were present when the vote was taken.

The motion was put and carried.

This block motion adopts all items of the Ipswich Central Redevelopment Committee No. 2022(01) of 10 February 2022 as listed below as resolutions of Council:

Ipswich Central Redevelopment Committee – item 1

Confirmation of Minutes of the Ipswich Central Redevelopment Committee No. 2021(11) of 1 December 2021

That the minutes of the Ipswich Central Redevelopment Committee held on 1 December 2021 be confirmed.

Ipswich Central Redevelopment Committee – item 2

Confirmation of Minutes of the Special Meeting of the Ipswich Central Redevelopment Committee No. 2021(12) of 9 December 2021

That the minutes of the Special Ipswich Central Redevelopment Committee held on 9 December 2021 be confirmed.

Ipswich Central Redevelopment Committee – item 3

Nicholas Street Precinct - communications, engagement and events report January 2021

That the Nicholas Street Precinct Communications, Engagement and Events Monthly Report be received and the contents noted.

Ipswich Central Redevelopment Committee – item 4

Nicholas Street Precinct - Retail Sub-Project Steering Committee January 2022

That the January 2022 Retail Sub-Project Steering Committee Report be received and the contents noted.

Ipswich Central Redevelopment Committee – item 5

Healthy Places: Ipswich Central Pilot Project

That the report be received and the contents noted.

At 9.49 am Councillors Andrew Fechner and Jacob Madsen returned to the meeting room.

16. Officers’ Reports

16.1

CEO Organisational Performance Report for January 2022

Moved by Mayor Teresa Harding:

Seconded by Councillor Russell Milligan:

That the Chief Executive Officer Organisational Performance Report for January 2022 be received and the contents noted.

AFFIRMATIVE NEGATIVE

Councillors: Councillors:

Harding Nil

Madsen

Ireland

Tully

Doyle

Fechner

Kunzelmann

Milligan

Jonic

The motion was put and carried.

16.2

Procurement: Tender 16830 - Civil Construction Works - Springfield Parkway and Springfield Greenbank Arterial - Stage 3

Moved by Mayor Teresa Harding:

Seconded by Deputy Mayor Nicole Jonic:

A. That pursuant to Section 228 of the Local Government Regulation 2012 (Regulation), Council award Tender No. 16830 for the provision of Civil Construction Works Greenbank Parkway and Greenbank Arterial – Stage 3.

B. That Council award separable portion 2 with BMD Constructions Pty Ltd for the amount of $21,784,603.29 as outlined in confidential attachment 1.C.

AFFIRMATIVE NEGATIVE

Councillors: Councillors:

Harding Nil

Madsen

Ireland

Tully

Doyle

Fechner

Kunzelmann

Milligan

Jonic

The motion was put and carried.

16.3

Procurement: Intersection upgrade, Queen and Albert Street

Moved by Mayor Teresa Harding:

Seconded by Councillor Paul Tully:

A. That pursuant to Section 228 of the Local Government Regulation 2012 (Regulation), Council award Tender No. Tender No. 17275 for the Intersection Upgrade of Queen and Albert Street.

B. That Council enter into a contractual arrangement with BMD Constructions Pty Ltd at an approximate lump sum amount of $2,148,235.46 as listed in confidential Attachment 1.

AFFIRMATIVE NEGATIVE

Councillors: Councillors:

Harding Nil

Madsen

Ireland

Tully

Doyle

Fechner

Kunzelmann

Milligan

Jonic

The motion was put and carried.

16.4

Monthly Financial Performance Report - January 2022

Moved by Mayor Teresa Harding:

Seconded by Councillor Marnie Doyle:

That the report on council’s financial performance for the periods ending 31 January 2022, submitted in accordance with section 204 of the Local Government Regulation 2012, be considered and noted by council.

AFFIRMATIVE NEGATIVE

Councillors: Councillors:

Harding Nil

Madsen

Ireland

Tully

Doyle

Fechner

Kunzelmann

Milligan

Jonic

The motion was put and carried.

At 9.58 am Councillors Jacob Madsen and Andrew Fechner left the meeting room due to a previously declared interest in Item 16.5.

16.5

Nicholas Street Precinct Parking Access System Upgrade

Moved by Mayor Teresa Harding:

Seconded by Councillor Marnie Doyle:

A. That pursuant to Section 235(b) of the Local Government Regulation 2012 (Regulation), Council resolve that the exception applies because of the specialised and/or confidential nature of the services that are sought and it would be impractical and/or disadvantageous to invite quotes OR tenders for the provision of the products and services related to the upgrade to the existing SKIDATA parking access system in the Nicholas Street Precinct public carpark.

B. That pursuant to Section 257(1)(b) of the Local Government Act 2009, Council resolve to delegate to the Chief Executive Officer the power to take “contractual action” pursuant to section 238 of the Regulation, in order to implement Council’s decision.

AFFIRMATIVE NEGATIVE

Councillors: Councillors:

Harding Nil

Ireland

Tully

Doyle

Kunzelmann

Milligan

Jonic

All Councillors except Councillor Jacob Madsen and Councillor Andrew Fechner were present when the vote was taken.

The motion was put and carried.

At 10.03 am Councillors Jacob Madsen and Andrew Fechner returned to the meeting room.

Adjourn Meeting

Moved by Mayor Teresa Harding:

That the meeting be adjourned at 10.03 am to reconvene at 10.30 am.

AFFIRMATIVE NEGATIVE

Councillors: Councillors:

Harding Nil

Madsen

Ireland

Tully

Doyle

Fechner

Kunzelmann

Milligan

Jonic

The motion was put and carried.

The meeting reconvened at 10.30 am.

17. Notices of Motion

17.1

Notice of Motion - Review of Terms of Reference for Ipswich City Council Standing Committees

Moved by Councillor Jacob Madsen:

Seconded by Councillor Sheila Ireland:

A. That a report be presented to a future Governance and Transparency Committee reviewing the current Terms of Reference for Ipswich City Council Standing Committees that includes the purpose, scope and responsibilities of each committee and the overall committee structure.

B. That a Workshop with the Mayor, Councillors and the Chief Executive Officer occur so as to provide discussion and feedback for the writing of the report.

AFFIRMATIVE NEGATIVE

Councillors: Councillors:

Harding Nil

Madsen

Ireland

Tully

Doyle

Fechner

Kunzelmann

Milligan

Jonic

The motion was put and carried.

17.2

Notice of Motion - Proposed Amendment of Meeting Procedures Policy

Moved by Councillor Paul Tully:

Seconded by Councillor Marnie Doyle:

A. That Section 8.9 of Council’s Meeting Procedures Policy be deleted and the following inserted in its place:

8.9. Mayoral minute

8.9.1 The Mayor may direct the attention of Council to a matter or subject by a minute signed by the Mayor, with prior notice in writing, in accordance with Section 9.1 of this Policy, on any matter or topic that is within the jurisdiction of the Council or of which the Council has official knowledge.

8.9.2 A motion comprising the Mayoral Minute may be put by the Mayor without being seconded.

8.9.3 If the motion comprising the Mayoral Minute is passed, the Mayoral Minute becomes a resolution of the local government.

8.9.4 Amendments or variations to Mayoral Minutes, including foreshadowed motions or amendments, that are not inconsistent with the terms of the minute, are permitted.

B. That section 8.3.1 of Council’s Meeting Procedures Policy be amended to delete the words ‘without notice’.

AFFIRMATIVE NEGATIVE

Councillors: Councillors:

Madsen Harding

Ireland

Tully

Doyle

Fechner

Kunzelmann

Milligan

Jonic

The motion was put and carried.

17.3

Notice of Motion - Proposed additional signalised interesection on Springfield Greenbank Arterial Road

Moved by Councillor Paul Tully:

Seconded by Deputy Mayor Nicole Jonic:

That, having regard to the relevant Mayoral Briefing Note dated 21 January 2022 and endorsed by the Chief Executive Officer on 31 January 2022, Council formally resolves not to support a proposed additional signalised intersection on Springfield Greenbank Arterial (SGA) between Eden Station Drive and the Brisbane to Springfield Central Railway Line Overpass at Springfield Central for the following reasons:

(a) The proposed intersection does not comply with Council’s standards and industry guidelines which identify a 400-metre minimum spacing on arterial roads such as SGA, to maintain efficient traffic movements;

(b) The Master Area Development Plan (MADP) and Area Development Plan (ADP) for the area that includes the Springfield Central Stadium site (Development Area 22A) state that “A ‘green bridge’ providing pedestrian and public transport access from Springfield Greenbank Arterial to Springfield Central railway station may be considered in the future subject to construction funding being sourced and an appropriate left in/left out intersection configuration being designed (on the SGA) such that major roads are not impacted upon.” As such, the proposed signalised intersection would not accord with current development master planning or development approvals;

(c) The location of the proposed intersection would result in a spacing of approximately 300m to the existing Eden Station Drive intersection to the north and approximately 110m to the TMR multi-storey car park access intersection to the south, currently under construction;

(d) The limited intersection separation would significantly impact on the efficiency and capacity of Council’s arterial road network, which is likely to result in significant additional congestion and delays for motorists and increased requests and pressure on Council for future additional upgrades;

(e) Traffic signal coordination alone would not manage the expected impacts to Council Road network;

(f) The intersection would be located on a curve immediately north of the Springfield Central rail line overpass, significantly restricting available sight distance for approaching vehicles and pedestrians (below acceptable standards), resulting in both safety and operational issues;

(g) The pathway on the eastern side of the SGA would need to be widened significantly to facilitate an appropriate connection between the TMR multi-storey carpark and the proposed signalised intersection, impacting upon the Centenary Motorway overpass eastern abutment and possibly on the Springfield Central rail line overpass eastern abutment;

(h) The existing guardrail required to protect the columns for the Springfield Central rail line overpass bridge with the SGA centre median island would need to be removed, increasing the risk of vehicle impacts and damage to the bridge structure;

(i) Given the limited number of car parks that will remain in the QR car park on the western side of the SGA, it is not necessary or appropriate to introduce an additional sub-standard intersection onto Council’s arterial road network to service the car park;

(j) The existing signalised intersection of Eden Station Drive and the SGA facilitates satisfactory pedestrian access from Springfield Anglican College across the SGA to the Springfield Central railway station;

(k) Pedestrian connection between Springfield Anglican College and the requested additional signalised intersection would be difficult given the grade difference at this location;

(l) The signalised exit from the TMR multi-storey car park will facilitate pedestrian access across the SGA to Springfield Central rail station, with Council’s SGA upgrade to include a widened shared use pathway within the western verge; and

(m) Given the advanced state of the Council’s detailed design for the SGA upgrade, it is anticipated that the inclusion of the additional signalised intersection would impact both the delivery time and project cost, with significant redesign (including utility service relocation plans) likely to be required.

AFFIRMATIVE NEGATIVE

Councillors: Councillors:

Harding Nil

Madsen

Ireland

Tully

Doyle

Fechner

Kunzelmann

Milligan

Jonic

The motion was put and carried.

17.4

Notice of Motion - Establishment of Motorsport Precinct Advisory Group

MOTION

A. That Council establish a Motorsport Precinct Advisory Group to assist Council in reviewing/creating a Motorsport Precinct Master Plan.

B. That Council nominate a Chairperson and Deputy Chairperson from its councillors.

C. That membership be invited from current lease holders and permit holders and user groups along with any other members as agreed by the Motorsport Precinct Advisory Group.

VARIATION

Councillor Nicole Jonic proposed a variation to Recommendation C as follows:

That membership include Division 1 Councillors, along with other members as invited from current lease holders and permit holders and user groups along with any other members as agreed by the Motorsport Precinct Advisory Group.

Moved by Deputy Mayor Nicole Jonic:

Seconded by Councillor Sheila Ireland:

A. That Council establish a Motorsport Precinct Advisory Group to assist Council in reviewing/creating a Motorsport Precinct Master Plan.

B. That Council nominate Councillor Nicole Jonic as Chairperson and Councillor Jacob Madsen as Deputy Chairperson.

C. That membership include Division 1 Councillors, along with other members as invited from current lease holders and permit holders and user groups along with any other members as agreed by the Motorsport Precinct Advisory Group.

AFFIRMATIVE NEGATIVE

Councillors: Councillors:

Harding Nil

Madsen

Ireland

Tully

Doyle

Fechner

Kunzelmann

Milligan

Jonic

The motion was put and carried.

17.5 Proposed Notice of Motion –

WATER RESERVOIR AT 4 MADSEN CLOSE, EASTERN HEIGHTS

Councillor Marnie Doyle gave notice of her intention to move the following motion at the next Council Ordinary Meeting scheduled for 24 March 2022:

A. That Council write to Urban Utilities advising that the water reservoir at 4 Madsen Close, Eastern Heights has been identified for inclusion as a structure of heritage significance in the draft Ipswich Planning Scheme.

B. That Council request from Urban Utilities any heritage assessments or other documentation relating to the water reservoir.

C. That Council’s Planning and Regulatory Services Department prepare a report that considers the heritage and historic significance of the water reservoir and that this report be presented to the April Growth, Infrastructure and Waste Committee meeting.

D. That Council investigate and consider making an application to the Qld Heritage Council for the asset to be included on the State register.

17.6 PROPOSED NOTICE OF MOTION – amendment of meeting procedures policy

Councillor Paul Tully gave notice of his intention to move the following motion at the next Council Ordinary Meeting scheduled for 24 March 2022:

A. That section 9.1, 9.1.1 and 9.1.2 of the Meeting Procedures Policy be deleted and the following inserted in its place:

9.1 Notice of matter for consideration at a Council meeting or committee meeting.

9.1.1 Any councillor proposing a matter be considered at a Council meeting or committee meeting must give notice in writing to the Chief Executive Officer at least five (5) business days before the relevant meeting.

B. That section 9.1.3 of the Meeting Procedures Policy be renumbered 9.1.2 and be amended by deleting the last dot point.

17.7 PROPOSED NOTICE OF MOTION - IPSWICH LEGACY 2032 SUMMIT

Mayor Teresa Harding gave notice of her intention to move the following motion at the next Council Ordinary Meeting scheduled for 24 March 2022:

That an Ipswich Legacy 2032 Summit be created.

17.8 PROPOSED NOTICE OF MOTION -

APOLOGY TO DEPUTY MAYOR NICOLE JONIC

Deputy Mayor Nicole Jonic gave notice of her intention to move the following motion at the next Council Ordinary Meeting scheduled for 24 March 2022:

That the Mayor formally apologise to Deputy Mayor Nicole Jonic for incorrectly alleging at the Council Meeting of 24 February 2022 that Councillor Jonic had raised or discussed the issue of radio advertising in the debate on Item 16.6 Procurement – Online Advertising at the Council Meeting on 27 January 2022.

18. Questions on Notice

Nil

Suspension of Meeting Procedures

Moved by Mayor Teresa Harding:

That the provision of these meeting procedures be suspended, as is necessary, for the purpose of wishing Councillor Sheila Ireland a Happy Birthday.

AFFIRMATIVE NEGATIVE

Councillors: Councillors:

Harding Nil

Madsen

Ireland

Tully

Doyle

Fechner

Kunzelmann

Milligan

Jonic

The motion was put and carried.

Resumption of Meeting Procedures

Moved by Mayor Teresa Harding:

That provision of these meeting procedures be resumed to continue with the order of business.

AFFIRMATIVE NEGATIVE

Councillors: Councillors:

Harding Nil

Madsen

Ireland

Tully

Doyle

Fechner

Kunzelmann

Milligan

Jonic

The motion was put and carried.

MEETING CLOSED

The meeting closed at 11.09 am.

“These minutes are subject to confirmation at the next scheduled Council Ordinary Meeting”

Council

Meeting Agenda

24 March

2022

Growth Infrastructure and Waste Committee NO. 2022(02)

10 March 2022

Report of the Growth Infrastructure and Waste Committee

for the Council

COUNCILLORS’ ATTENDANCE

AT COMMENCEMENT OF MEETING: Mayor Teresa Harding (Chairperson); Councillors Sheila Ireland, Jacob Madsen, Kate Kunzelmann and Russell Milligan

COUNCILLOR’S APOLOGIES: Nil

OFFICERS’ ATTENDANCE: Acting Chief Executive Officer (Peter Tabulo), General Manager Infrastructure and Environment (Sean Madigan), Acting General Manager Corporate Services (Jeff Keech), Acting General Manager Planning and Regulatory Services (Brett Davey), Manager Infrastructure Strategy (Tony Dileo), Acting Property Services Manager (Kerry Perrett), Chief of Staff – Office of the Mayor (Melissa Fitzgerald), Senior Policy and Communications Officer (David Shaw), Principal Planner (Development)(Anthony Bowles), Manager Economic and Community Development (Cat Matson), Manager Marketing and Promotions (Carly Gregory), ICT Category Manager (Jacquie Whitham), Senior Digital Media and Content Officer (Jodie Richter) and Theatre Technician (Harrison Cate)

Adjourn Meeting

It was moved by Mayor Teresa Harding and seconded by Councillor Sheila Ireland that the meeting be adjourned at 9.04 am to reconvene at 10.00 am.

AFFIRMATIVE NEGATIVE

Councillors: Councillors:

Harding Nil

Ireland

Madsen

Kunzelmann

Milligan

The motion was put and carried.

The meeting reconvened at 10.00 am.

COUNCILLORS’ ATTENDANCE AT

RECOMMENCEMENT OF MEETING: Mayor Teresa Harding (Chairperson); Councillors Sheila Ireland, Jacob Madsen, Paul Tully (Deputy Chairperson), Kate Kunzelmann and Russell Milligan

COUNCILLORS’ APOLOGIES: Deputy Mayor Nicole Jonic; Councillors Marnie Doyle and Andrew Fechner

Adjourn Meeting

It was moved by Mayor Teresa Harding and seconded by Councillor Sheila Ireland that the meeting be adjourned at 10.01 am to reconvene at 10.30 am.

AFFIRMATIVE NEGATIVE

Councillors: Councillors:

Harding Nil

Tully

Ireland

Madsen

Kunzelmann

Milligan

The motion was put and carried.

The meeting reconvened at 10.30 am.

COUNCILLORS’ ATTENDANCE AT

RECOMMENCEMENT OF MEETING: Mayor Teresa Harding (Chairperson); Councillors Sheila Ireland, Jacob Madsen, Paul Tully (Deputy Chairperson), Marnie Doyle, Andrew Fechner, Kate Kunzelmann and Russell Milligan

COUNCILLOR’S APOLOGIES: Deputy Mayor Nicole Jonic

Leave of Absence

It was moved by Mayor Teresa Harding and seconded by Councillor Kate Kunzelmann that a leave of absence be granted for Deputy Mayor Nicole Jonic.

AFFIRMATIVE NEGATIVE

Councillors: Councillors:

Harding Nil

Tully

Ireland

Madsen

Doyle

Fechner

Kunzelmann

Milligan

The motion was put and carried.

WELCOME TO COUNTRY/ACKNOWLEDGEMENT OF COUNTRY

Mayor Teresa Harding (Chairperson) delivered the Acknowledgement of Country.

DECLARATIONS OF INTEREST IN MATTERS ON THE AGENDA

Nil

BUSINESS OUTSTANDING

1. Assistance for Agritourism Industry in Ipswich

This is a report responding to a notice of motion adopted at the Growth Infrastructure and Waste Committee on the 4 November 2021 titled ‘Assistance for Agritourism Industry in Ipswich’ which said

That a report be presented to the Growth Infrastructure and Waste Committee no later than March 2022 outlining the short term and interim options that can be implemented to assist the Agritourism Industry in Ipswich prior to the adoption of a new Ipswich planning scheme.

DECISION

Moved by Councillor Sheila Ireland:

Seconded by Councillor Kate Kunzelmann:

A. The Council adopt the ‘Rural Tourism Development Fee Relief Policy’ which outlines amongst other things, the granting of a 50% discount on application fees and possible relief from infrastructure charges on certain development applications relating to Rural Tourism.

B. That Ipswich City Council’s free pre lodgement service be promoted.

C. That a report on an urban tourism and accommodation support package be presented to the July 2022 Growth, Infrastructure & Waste Committee.

AFFIRMATIVE NEGATIVE

Councillors: Councillors:

Harding Nil

Tully

Ireland

Madsen

Doyle

Fechner

Kunzelmann

Milligan

The motion was put and carried.

2. Media and Corporate Communications Policy

This is a report concerning the adoption of an amended media and corporate communications policy for council, to provide greater clarity on roles and responsibilities in delivering quality media and corporate communication activities with consistent messaging and a stakeholder and audience centric approach.

Note: this report was lifted from the table at the Council Ordinary Meeting of
24 February 2022 and referred to the 10 March 2022 Growth, Infrastructure and Waste Committee.

Council has an existing Media Policy (Attachment 1) that was adopted in December 2019 by the Interim Administrator. Since that time council and the city have undergone significant change including the return of our elected representatives, the Mayor and Councillors, a growing local media industry and an organisational maturity in how we communicate and promote the programs, services and initiatives of our work from iFuture (our five-year corporate plan) and the yearly Annual Plan and Budget.

The purpose of a new Media and Corporate Communications Policy (Attachment 2) is to provide the organisation, Mayor, Councillors and council staff with greater clarity on roles and responsibilities in delivering communication activities including who, how, when, why and where we communicate. The recommended amended policy will provide greater clarity and opportunity for improved outcomes in representing the work of the council to the community.

Recommendation

A. That the policy titled ‘Media Policy’ as outlined in Attachment 1, be repealed.

B. That the draft policy titled ‘Media and Corporate Communications Policy’ as outlined in Attachment 2, be adopted.

An updated draft policy titled ‘Media and Corporate Communications Policy’ was tabled at the meeting.

DECISION

Moved by Mayor Teresa Harding:

Seconded by Councillor Andrew Fechner:

A. That the policy titled ‘Media Policy’ as outlined in Attachment 1, be repealed.

B. That the draft policy titled ‘Media and Corporate Communications Policy’ submitted by Cr Fechner, be recommended to be adopted at the 24 March 2022 Ordinary Council Meeting.

C. The reason for adopting this policy is that it encompasses an appropriate balance of media related responsibilities for the Mayor, Councillors and officers.

AFFIRMATIVE NEGATIVE

Councillors: Councillors:

Harding Nil

Tully

Ireland

Madsen

Doyle

Fechner

Kunzelmann

Milligan

The motion was put and carried.

Attachments

1. Media and Corporate Communications Policy tabled at the meeting

Confirmation of Minutes

3. Confirmation of Minutes of the Growth Infrastructure and Waste Committee No. 2022(01) of 10 February 2022

DECISION

Moved by Mayor Teresa Harding:

Seconded by Councillor Russell Milligan:

That the Minutes of the Meeting held on 10 February 2022 be confirmed.

AFFIRMATIVE NEGATIVE

Councillors: Councillors:

Harding Nil

Tully

Ireland

Madsen

Doyle

Fechner

Kunzelmann

Milligan

The motion was put and carried.

Officers’ Reports

4. Infrastructure and Environment Department Capital Delivery Report January 2022

This is a report concerning the performance of the capital delivery by the Infrastructure and Environment Department for the month of January 2022.

Officers across the whole Infrastructure and Environment Department are contributing to the positive results seen in the early stages of the 2021-2022 financial year. The result is especially pleasing when compared to the rate of delivery achieved in previous financial years.

DECISION

Moved by Mayor Teresa Harding:

Seconded by Councillor Marnie Doyle:

That the report be received and the contents noted.

AFFIRMATIVE NEGATIVE

Councillors: Councillors:

Harding Nil

Tully

Ireland

Madsen

Doyle

Fechner

Kunzelmann

Milligan

The motion was put and carried.

5. Exercise Of Delegation Report

This is a report concerning applications that have been determined by delegated authority for the period 21 January 2022 to 23 February 2022

DECISION

Moved by Mayor Teresa Harding:

Seconded by Councillor Marnie Doyle:

That the report be received and the contents noted.

AFFIRMATIVE NEGATIVE

Councillors: Councillors:

Harding Nil

Tully

Ireland

Madsen

Doyle

Fechner

Kunzelmann

Milligan

The motion was put and carried.

6. Planning And Environment Court Action Status Report

This is a report concerning a status update with respect to current Planning and Environment Court actions associated with development planning applications.

DECISION

Moved by Mayor Teresa Harding:

Seconded by Councillor Sheila Ireland:

That the report be received and the contents noted.

AFFIRMATIVE NEGATIVE

Councillors: Councillors:

Harding Nil

Tully

Ireland

Madsen

Doyle

Fechner

Kunzelmann

Milligan

The motion was put and carried.

NOTICES OF MOTION

Nil

MATTERS ARISING

Nil

PROCEDURAL MOTIONS AND FORMAL MATTERS

The meeting commenced at 9.01 am.

The meeting closed at 10.48 am.

Council

Meeting Agenda

24 March

2022

Governance and Transparency Committee NO. 2022(02)

10 March 2022

Report of the Governance and Transparency Committee

for the Council

COUNCILLORS’ ATTENDANCE: Councillor Jacob Madsen (Chairperson); Councillors Russell Milligan (Deputy Chairperson), Mayor Teresa Harding, Marnie Doyle and Kate Kunzelmann

COUNCILLOR’S APOLOGIES: Deputy Mayor Nicole Jonic

OFFICERS’ ATTENDANCE: Acting Chief Executive Officer (Peter Tabulo), Acting General Manager Corporate Services (Jeff Keech), General Manager Infrastructure and Environment (Sean Madigan), Acting Property Services Manager (Kerry Perrett), Chief Information Officer (Sylvia Swalling), Chief of Staff – Office of the Mayor (Melissa Fitzgerald), Senior Policy and Communications Officer (David Shaw), Manager Community and Cultural Services (Don Stewart), Senior Digital Media and Content Officer (Jodie Richter), ICT Category Manager (Jacquie Whitham) and Theatre Technician (Harrison Cate)

Leave of Absence – Deputy mayor nicole jonic

It was moved by Councillor Jacob Madsen and seconded by Councillor Kate Kunzelmann that a leave of absence be granted for Deputy Mayor Nicole Jonic.

AFFIRMATIVE NEGATIVE

Councillors: Councillors:

Madsen Nil

Milligan

Harding

Doyle

Kunzelmann

The motion was put and carried.

WELCOME TO COUNTRY/ACKNOWLEDGEMENT OF COUNTRY

Councillor Jacob Madsen (Chairperson) delivered the Acknowledgement of Country.

DECLARATIONS OF INTEREST IN MATTERS ON THE AGENDA

Nil

BUSINESS OUTSTANDING

Nil

Confirmation of Minutes

1. Confirmation of Minutes of the Governance and Transparency Committee No. 2022(01) of 10 February 2022

RECOMMENDATION

Moved by Mayor Teresa Harding:

Seconded by Councillor Russell Milligan:

That the minutes of the Governance and Transparency Committee held on
10 February 2022 be confirmed.

AFFIRMATIVE NEGATIVE

Councillors: Councillors:

Madsen Nil

Milligan

Harding

Doyle

Kunzelmann

The motion was put and carried.

Officers’ Reports

2. Procurement: Renewal of Liquid Petroleum Gas (LPG) for Bundamba, Goodna and Leichhardt Aquatic Centres

This report recommends the renewal of the supply agreement for Liquid Petroleum Gas (LPG) for Bundamba, Goodna and Leichhardt Aquatic Centres with Origin Energy Retail Ltd to enable continuity of gas supply to these facilities.

This report recommends that Council resolve that the exception under section 235(b) of the Local Government Regulation 2012 applies and that Council proceeds with the engagement of Origin Energy Retail Ltd to provide LPG Sale and Supply Agreements for Bundamba Goodna and Leichhardt Aquatic Centres for twelve (12) months.

The estimated sum for this period is one hundred and ninety thousand dollars ($190,000) excluding GST for the three sites.

RECOMMENDATION

Moved by Councillor Marnie Doyle:

Seconded by Councillor Russell Milligan:

A. That Council resolve it is satisfied under section 235(b) of the Local Government Regulation 2012 (regulation) that the exception under section 235(b) of the regulation applies and that Origin Energy Retail Ltd is the only supplier reasonably available to it to provide the LPG supply agreement for Bundamba, Goodna & Leichhardt Aquatic Centres for the following reasons:

1. The number of suppliers for heating LPG is limited.

2. The equipment at the Council Aquatic Centres is owned by the supplier and Council pays a rent and supply of gas cost.

3. The cost to Council for a new supplier for the removal and replacement of the current infrastructure at the aquatic centres.

B. That Council enter into a supply agreement with Origin Energy Retail Ltd for the provision of the LPG sale and supply agreement for Bundamba, Goodna and Leichhardt Aquatic Centres for a period of twelve (12) months for the estimated sum of one hundred and ninety thousand dollars ($190,000) excluding GST.

AFFIRMATIVE NEGATIVE

Councillors: Councillors:

Madsen Nil

Milligan

Harding

Doyle

Kunzelmann

The motion was put and carried.

3. Renewal of Lease - Kiosk 1 Karalee Shopping Village, 39 Junction Road, Chuwar - CVS Lane Capital Partners Pty Ltd to Ipswich City Council

This is a report concerning the renewal of a lease over Kiosk 1, Karalee Shopping Village, 39 Junction Road, Chuwar (the Kiosk) between Ipswich City Council (Council) and CVS Lane Capital Partners Pty Ltd as trustee for CVS Lane Karalee Retail Trust (CVS Lane).

“The attachment/s to this report are confidential in accordance with section 254J(3)(g) of the Local Government Regulation 2012.”

RECOMMENDATION

Moved by Councillor Russell Milligan:

Seconded by Councillor Kate Kunzelmann:

A. That pursuant to section 9 of the Local Government Act 2009, Council extend its interest in the land at 39 Junction Road, Chuwar, more particularly described as Lot 100 on SP298886, for library purposes.

B. That Council, with CVS Lane Capital Partners Pty Ltd ACN 155 490 154 as trustee (the Lessor), amend the existing lease 720713750 on the following terms:

(i) at an annual rent of $23,766.92 excluding GST is payable by Council, from the commencement of the amendment; and

(ii) for a further term of three (3) years, with no options for extension.

C. That Council resolve to authorise the Chief Executive Officer to take the necessary action in order to implement Council’s decision, including but not limited to making, amending and discharging the contractual arrangement.

AFFIRMATIVE NEGATIVE

Councillors: Councillors:

Madsen Nil

Milligan

Harding

Doyle

Kunzelmann

The motion was put and carried.

4. Procurement: ArcGIS Software Licencing, Maintenance and Online Credits

This a report seeking a resolution by Council to enter into a contract with Esri Australia Pty Ltd for the provision of ArgGIS software licencing and maintenance and online credits that are operationally utilised as part of Council’s existing spatial services.

This matter is required as officers seek Council resolution that the exception under section 235(a) of the Local Government Regulation 2012 applies to the provision of licencing, maintenance and other related ancillary items for the operationally necessary products required. The proprietary nature of the incumbent supplier’s products means that there is only one supplier who is reasonably available to provide the support and maintenance for the products. Further, due to the pending acquisition and implementation of an enterprise spatial solution by Council, it is more costly and disadvantageous to Council to tender for other software products when delivery of the enterprise spatial project will provide a final solution.

A resolution of Council is sought to approve the continuation of the online credits, licencing and maintenance for the ArcGIS software products with Esri Australia Pty Ltd for an initial term of one (1) year, two (2) months and two (2) days (commencing 10 June 2021), with options for extension of an additional one (1) year term. This is an estimated total cost of approximately eighty-three thousand, three hundred and ten dollars ($83,310.00) excluding GST for the full term of the contract if all extension options are exercised.

RECOMMENDATION

Moved by Mayor Teresa Harding:

Seconded by Councillor Kate Kunzelmann:

A. That pursuant to Section 235(a) of the Local Government Regulation 2012 (Regulation), Council resolve that the exception applies as it is satisfied that there is only one supplier who is reasonably available for the provision of the licencing and maintenance of the software products and online credits.

B. That Council enter into a contractual arrangement (Council file reference 16591) with Esri Australia Pty Ltd, at an approximate purchase price of $83,310.00 excluding GST over the entire term, being an initial term of one (1) year, two (2) months and two (2) days, with options for extension at the discretion of Council (as purchaser), of an additional one (1) year term.

AFFIRMATIVE NEGATIVE

Councillors: Councillors:

Madsen Nil

Milligan

Harding

Doyle

Kunzelmann

The motion was put and carried.

5. Procurement: OneMusic Australia Licence for the use of Music for Councils

This is a report seeking a resolution by Council to enter into a contract with Australasian Performing Right Association Limited Trading as ONEMUSIC AUSTRALIA (OneMusic Australia) for the licencing for the use of Music for Councils so as to maintain copyright compliance in relation to the use and playback of Licensed Music, Sound Recordings and/or Music Videos at Council premises and events.

A resolution of Council is sought to enter into a contract with OneMusic Australia for an initial term of one (1) year and three (3) months, with options for extension of three (3) additional one (1) year terms. This is an estimated total cost of approximately one hundred and twenty thousand dollars ($120,000.00) excluding GST for the full term of the contract if all extension options are exercised.

RECOMMENDATION

Moved by Councillor Marnie Doyle:

Seconded by Mayor Teresa Harding:

B. That Council enter into a contractual arrangement (Council file reference 18458) with Australasian Performing Right Association Limited Trading as ONEMUSIC AUSTRALIA, at an approximate purchase price of $120,000.00 excluding GST over the entire term, being an initial term of one (1) year and three (3) months, with options for extension at the discretion of Council (as purchaser), of an additional three (3) x one (1) year terms.

AFFIRMATIVE NEGATIVE

Councillors: Councillors:

Madsen Nil

Milligan

Harding

Doyle

Kunzelmann

The motion was put and carried.

6. iVolve Project Quarterly Status Update

This report provides an update on Council’s iVolve Stage 3 Program. Details on the approach of Stage 3 are outlined and while a late start to the Program occurred, remediation of the Delivery Plan has been undertaken, where required, to meet the 30 June 2022 deadline for delivery of a final Business Case to determine if Council should proceed with an agreed Vendor Solution/s.

RECOMMENDATION

Moved by Mayor Teresa Harding:

Seconded by Councillor Russell Milligan:

That the report be received and the contents noted.

AFFIRMATIVE NEGATIVE

Councillors: Councillors:

Madsen Nil

Milligan

Harding

Doyle

Kunzelmann

The motion was put and carried.

7. Quarterly Reports to the Department of State Development, Infrastructure, Local Government and Planning

This is a report concerning a request received by the Mayor (on behalf of Council) from the Director-General, Department of State Development, Infrastructure, Local Government and Planning (DSDILGP) for Council to provide a series of quarterly performance reports through to the quarter ending 30 June 2022.

This is the third of the quarterly reports for consideration by the Governance and Transparency Committee and relates to the period October – December 2021. Endorsement of this quarterly report is sought, with the Mayor to send a letter and the quarterly report to the Director-General.

As noted above, Council’s obligation to provide quarterly performance reporting ends on 30 June 2022. Direction will be sought from the Director-General by the Chief Executive Officer on concluding this reporting requirement.

RECOMMENDATION

Moved by Mayor Teresa Harding:

Seconded by Councillor Marnie Doyle:

That Committee endorse the draft letter and quarterly performance reports (October – December 2021) set out in Attachments 1-6.

AFFIRMATIVE NEGATIVE

Councillors: Councillors:

Madsen Nil

Milligan

Harding

Doyle

Kunzelmann

The motion was put and carried.

NOTICES OF MOTION

Nil

MATTERS ARISING

Nil

PROCEDURAL MOTIONS AND FORMAL MATTERS

The meeting commenced at 10.58 am.

The meeting closed at 11.15 am.

Council

Meeting Agenda

24 March

2022

Ipswich Central Redevelopment Committee NO. 2022(02)

10 March 2022

Report of the Ipswich Central Redevelopment Committee

for the Council

COUNCILLORS’ ATTENDANCE: Councillor Marnie Doyle (Chairperson); Mayor Teresa Harding, Councillors Kate Kunzelmann and Russell Milligan

COUNCILLOR’S APOLOGIES: Deputy Mayor Nicole Jonic (Deputy Chairperson)

OFFICERS’ ATTENDANCE: Acting Chief Executive Officer (Peter Tabulo), General Manager Infrastructure and Environment (Sean Madigan), Acting General Manager Corporate Services (Jeff Keech), Chair Retail Sub-Project Sub Committee (James Hepburn), Acting General Manager Planning and Regulatory Services (Brett Davey), Senior Policy and Communications Officer (David Shaw), Chief of Staff – Office of the Mayor (Melissa Fitzgerald), Senior Digital Media and Content Officer (Jodie Richter) and Theatre Technician (Harrison Cate)

LEAVE OF ABSENCE – DEPUTY MAYOR NICOLE JONIC

It was moved by Councillor Marnie Doyle and seconded by Mayor Teresa Harding that a leave of absence be granted for Deputy Mayor Nicole Jonic.

AFFIRMATIVE NEGATIVE

Councillors: Councillors:

Doyle Nil

Harding

Kunzelmann

Milligan

The motion was put and carried.

WELCOME TO COUNTRY/ACKNOWLEDGEMENT OF COUNTRY

Councillor Marnie Doyle (Chairperson) delivered the Acknowledgement of Country.

DECLARATIONS OF INTEREST IN MATTERS ON THE AGENDA

Nil

BUSINESS OUTSTANDING

Nil

Confirmation of Minutes

1. Confirmation of Minutes of the Ipswich Central Redevelopment Committee No. 2022(01) of 10 February 2022

RECOMMENDATION

Moved by Councillor Marnie Doyle:

Seconded by Councillor Kate Kunzelmann:

That the minutes of the Ipswich Central Redevelopment Committee held on 10 February 2022 be confirmed.

AFFIRMATIVE NEGATIVE

Councillors: Councillors:

Doyle Nil

Harding

Kunzelmann

Milligan

The motion was put and carried.

Officers’ Reports

2. Procurement - Contract 16456 Program Management Services Variation

This is a report concerning a variation of contract 16456 with Ranbury Management Group Pty Ltd for the provision of Program Management Services for the Ipswich Central Revitalisation Project. This report makes the recommendation intended to facilitate the ongoing engagement of Ranbury Management Group Pty Ltd until the conclusion of the contract.

“The attachment/s to this report are confidential in accordance with section 254J(3)(g) of the Local Government Regulation 2012.”

RECOMMENDATION

Moved by Mayor Teresa Harding:

Seconded by Councillor Russell Milligan:

A. That the contractual arrangement (Council contract 16456) with Ranbury Management Group Pty Ltd (Supplier) for the provision of Program Management Services for the Ipswich Central Revitalisation Project be varied to amend the purchase price from one million, six hundred and sixty-two thousand, one hundred and twenty eight dollars and fifty cents ($1,662,128.50) excluding GST to approximately two million, one hundred and three thousand, six hundred and fifty six dollars and fifty cents ($2,103,656.50) with a contingency of 20% up to four hundred and twenty thousand, seven hundred and thirty one dollars ($420,731) excluding GST over the entire term.

B. That Council enter into a deed of variation with the Supplier to appropriately amend the existing contractual arrangement.

C. That pursuant to Section 257(1)(b) of the Local Government Act 2009, Council resolve to delegate to the Chief Executive Officer the power to take “contractual action” pursuant to section 238 of the Regulation, in order to implement Council’s decision, including the deed of variation to the revised fee estimate and any future variations up to the contingency amount.

AFFIRMATIVE NEGATIVE

Councillors: Councillors:

Doyle Nil

Harding

Kunzelmann

Milligan

The motion was put and carried.

3. Nicholas Street Precinct - Retail Sub-Project Steering Committee February 2022

This is a report concerning the February 2022 report from the Retail Sub-Project Steering Committee on the status of the leasing program and associated developments with the retail component of the Nicholas St Precinct redevelopment.

RECOMMENDATION

Moved by Councillor Russell Milligan:

Seconded by Councillor Kate Kunzelmann:

That the February 2022 Retail Sub-Project Steering Committee Report be received and the contents noted.

AFFIRMATIVE NEGATIVE

Councillors: Councillors:

Doyle Nil

Harding

Kunzelmann

Milligan

The motion was put and carried.

Move into Closed Session

Moved by Councillor Marnie Doyle
Seconded by Mayor Teresa Harding

That in accordance with section 254J(3)(g) of the Local Government Regulation 2012, the meeting move into closed session to discuss Items 4, 5 and 6 titled Nicholas Street Precinct – Approval of an Agreement for lease for Metro B Tenancy 2B01, Metro B Tenancy 2B08/09 and approval of an agreement for lease for the Commonwealth Hotel. These negotiations relate to a commercial matter involving the local government.

The meeting moved into closed session at 1.16 pm.

AFFIRMATIVE NEGATIVE

Councillors: Councillors:

Doyle Nil

Harding

Kunzelmann

Milligan

The motion was put and carried.

Move into Open Session

Moved by Councillor Marnie Doyle
Seconded by Mayor Teresa Harding

That the meeting move into open session.

The meeting moved into open session at 1.56 pm.

AFFIRMATIVE NEGATIVE

Councillors: Councillors:

Doyle Nil

Harding

Kunzelmann

Milligan

The motion was put and carried.

Items 4, 5 and 6 as listed below were referred to the Special Council Meeting of 10 March 2022 for consideration and formal adoption:

4. Nicholas Street Precinct - Approval of an Agreement for Lease for Metro B Tenancy 2B01

This is a report concerning an agreement for lease for council’s consideration associated with tenancy 2B01 within the Nicholas Street Precinct’s Metro B Building.

“The attachment/s to this report are confidential in accordance with section 254J(3)(c, g and i) of the Local Government Regulation 2012.”

Recommendation

A. That Council enter into an Agreement for Lease and Incentive Deed with the proposed lessee for Tenancy 2B01 in the Metro B Building (impacting part of lot 1RP157021) (“Tenancy T2B01”) within the Nicholas Street Precinct (under the commercial terms detailed in the confidential report and attachments by the Project Manager dated 22 February 2021).

B. That conditional upon Council satisfactorily executing the Agreement to Lease with the proposed lessee, (contained in recommendation A of this report), Council enter into a lease for Tenancy 2B01 with the proposed lessee (as detailed in the confidential report and attachments by the Project Manager dated 22 February 2022).

C. That Council note, that in relation to Council’s disposal of its leasehold interest in Tenancy 2B01 to the proposed lessee, that the Ministerial exemption under s236 (f) of the Local Government Regulation 2012 applies to the disposal of Council’s interest in Tenancy 2B01 (Ministerial exemption contained in Attachment 1 of this report).

D. That pursuant to Section 257(1)(b) of the Local Government Act 2009, Council resolve to delegate to the Chief Executive Officer the power to take “contractual action” pursuant to section 238 of the Regulation, in order to implement Council’s decision at Recommendation B.

E. That Council be kept informed as to the progress and outcome of the execution and publication of details.

Recommendation A was varied due to legal advice received.

RECOMMENDATION

Moved by Councillor Kate Kunzelmann:

Seconded by Mayor Teresa Harding:

A. That Council enter into an Agreement for Lease and an associated document of the Agreement for Lease with the proposed lessee for Tenancy 2B01 in the Metro B Building (impacting part of Lot 1 on RP157021) (“Tenancy 2B01”) within the Nicholas Street Precinct (under the commercial terms detailed in the confidential report and attachments by the Project Manager dated 22 February 2022).

C. That Council note, that in relation to Council’s disposal of its leasehold interest in Tenancy 2B01 to the proposed lessee, that the Ministerial exemption under s236(f) of the Local Government Regulation 2012 applies to the disposal of Council’s interest in Tenancy 2B01 (Ministerial exemption contained in Attachment 1 of this report).

E. That Council be kept informed as to the progress and outcome of the execution and publication of details.

AFFIRMATIVE NEGATIVE

Councillors: Councillors:

Doyle Nil

Harding

Kunzelmann

Milligan

The motion was put and carried.

5. Nicholas Street Precinct - Approval of an Agreement for Lease for Metro B Tenancy 2B08/09

This is a report concerning an agreement for lease for council’s consideration associated with tenancy 2B08/09 within the Nicholas Street Precinct’s Metro B Building.

“The attachment/s to this report are confidential in accordance with section 254J(3)(c, g and i) of the Local Government Regulation 2012.”

Recommendation

A. That Council enter into an Agreement for Lease and Incentive Deed with the proposed lessee for Tenancy2B08/09 in the Metro B Building (impacting part of lot 1RP157021) (“Tenancy 2B08/09”) within the Nicholas Street Precinct (under the commercial terms detailed in the confidential report and attachments by the Project Manager dated 28 February 2022).

B. That conditional upon Council satisfactorily executing the Agreement to Lease with the proposed lessee, (contained in recommendation A of this report), Council enter into a lease for Tenancy 2B08/09 with the proposed lessee (as detailed in the confidential report and attachments by the Project Manager dated 28 February 2022).

C. That Council note, that in relation to Council’s disposal of its leasehold interest in Tenancy 2B08/09 to the proposed lessee, that the Ministerial exemption under s236(f) of the Local Government Regulation 2012 applies to the disposal of Council’s interest in Tenancy 2B08/09. (Ministerial exemption contained in Attachment 1 of this report).

E. That Council be kept informed as to the progress and outcome of the execution and publication of details.

Recommendation A was varied and Recommendation F was included due to legal advice received.

RECOMMENDATION

Moved by Mayor Teresa Harding:

Seconded by Councillor Russell Milligan:

A. That Council enter into an Agreement for Lease and an associated document of the Agreement for Lease with the proposed lessee for Tenancy 2B08/09 in the Metro B Building (impacting part of Lot 1 on RP157021) (“Tenancy 2B08/09”) within the Nicholas Street Precinct (under the commercial terms detailed in the confidential report and attachments by the Project Manager dated 28 February 2022).

B. That conditional upon Council satisfactorily executing the Agreement to Lease with the proposed lessee, (contained in recommendation A of this report), Council enter into a lease for Tenancy 2B08/09 with the proposed lessee (as detailed in the confidential report and attachments by the Project Manager dated 28 February 2022).

E. That Council be kept informed as to the progress and outcome of the execution and publication of details.

F. That the first sentence of the last paragraph on Page 3 of the officer’s report be deleted and replaced with the following sentence:

“This paper seeks approval for council to enter into an agreement for lease for a health/wellness tenancy associated with the Nicholas Street Precinct redevelopment.”

AFFIRMATIVE NEGATIVE

Councillors: Councillors:

Doyle Nil

Harding

Kunzelmann

Milligan

The motion was put and carried.

6. Nicholas Street Precinct - Approval of an Agreement for Lease for the Commonwealth Hotel

This is a report concerning an agreement for lease for council’s consideration associated with the Commonwealth Hotel.

“The attachment/s to this report are confidential in accordance with section 254J(3)(c, g and i) of the Local Government Regulation 2012.”

Recommendation

A. That Council enter into an Agreement for Lease with the proposed lessee for the Commonwealth Hotel (impacting 1RP2677 and part of lot 3RP307972) within the Nicholas Street Precinct (under the commercial terms detailed in the confidential report and attachments by the Project Manager dated 2 March 2022).

B. That conditional upon Council satisfactorily executing the Agreement to Lease with the proposed lessee, (contained in recommendation A of this report), Council enter into a lease for the Commonwealth Hotel with the proposed lessee (as detailed in the confidential report and attachments by the Project Manager dated 2 March 2022).

C. That Council note, that in relation to Council’s disposal of its leasehold interest in the Commonwealth Hotel to the proposed lessee, that the Ministerial exemption under s236(f) of the Local Government Regulation 2012 applies to the disposal of Council’s interest in the Commonwealth Hotel. (Ministerial exemption contained in Attachment 1 of this report).

E. That Council be kept informed as to the progress and outcome of the execution and publication of details.

Recommendation A was varied due to legal advice received.

RECOMMENDATION

Moved by Councillor Russell Milligan:

Seconded by Councillor Kate Kunzelmann:

A. That Council enter into an Agreement for Lease and Car Parking Agreement with the proposed lessee for the Commonwealth Hotel (impacting Lot 1 on RP2677 and part of Lot 3 on RP307972) within the Nicholas Street Precinct (under the commercial terms detailed in the confidential report and attachments by the Project Manager dated 2 March 2022).

B. That conditional upon Council satisfactorily executing the Agreement to Lease with the proposed lessee, (contained in recommendation A of this report), Council enter into a lease for the Commonwealth Hotel with the proposed lessee (as detailed in the confidential report and attachments by the Project Manager dated 2 March 2022).

E. That Council be kept informed as to the progress and outcome of the execution and publication of details.

AFFIRMATIVE NEGATIVE

Councillors: Councillors:

Doyle Nil

Harding

Kunzelmann

Milligan

The motion was put and carried.

NOTICES OF MOTION

Nil

MATTERS ARISING

Nil

PROCEDURAL MOTIONS AND FORMAL MATTERS

The meeting commenced at 1.02 pm.

The meeting closed at 2.06 pm.

Council

Meeting Agenda

24 March

2022

Doc ID No: A7905888

ITEM: 16.1

SUBJECT: CEO Organisational Performance Report for February 2022

AUTHOR: Chief Executive Officer

DATE: 28 February 2022

Executive Summary

This report is for the month of February 2022 and represents the middle of the Quarter 3 period (January-March 2022).

Significant progress continues to be made in the delivery of the Annual Plan for 2021-2022. The Council workforce remains focussed on the delivery of an array of catalyst projects and our core services to the community while continuing to meet our legislative obligations.

The report for this period highlights current significant matters and progress on key performance indicators for the month of February 2022.

RECOMMENDATION/S

That the Chief Executive Officer Organisational Performance Report for February 2022 be received and the contents noted.

BACKGROUND

1. Current Significant Matters

The city has been hit hard by the recent flood event and our organisation has responded by providing early warnings, updated data and key communications to ensure we could help protect as many lives as possible during this event. The impact of this rain event saw many areas across our city deal with inundation of water and property damage.

Council staff and emergency services worked 24/7 during the response phase and as we transitioned into the recovery phase. Key areas of focus as we transitioned into recovery were waste collection; provision of skip bins; damage assessments to reopen roads and bridges; commencement of damage assessments of other critical infrastructure including parks, buildings and facilities; continual critical communications. The establishment of volunteer recruitment; the coordination of community recovery ‘pop ups’ at Goodna and Ipswich; and support services at community centres across the city also occurred.

We thank all those partners who have been working with us during the response and recovery phases and our thoughts are with all those in our city who have been impacted by this event.

Further information will be provided in the March report but as of 7 March:

· 6,000 tonnes of waste have been delivered to landfill (three times more than usual)

· Tonnes of that waste have been collected by council using heavy machinery and trucks from the streets and footpaths of impacted areas

· 140 free skip bins have been delivered by Council to businesses and community groups

· 4, 776 visits to Riverview and Rosewood Recycle and Refuse Centres (opened for extended hours and free disposal of flood-related waste)

· Patched 700 potholes using 300 tonnes of asphalt

· During the peak of the flood 101 roads were closed across the city with only 17 roads remaining closed (14 of those are still covered by water and three will need repairs from damage before they can open)

Flood recovery information can be found at https://www.ipswich.qld.gov.au/services/flood-recovery

2. Workplace Health and Safety

There was an excellent safety performance across council for February 2022, with the injury and incident rates well below the same time last year and tracking down consistently.

The Lost Time Injury Frequency Rate (LTIFR) is 4.74 which is lower than the month of January (5.85). This equates to 4.74 lost time injuries every six (6) months. The state average is 6.31.

Lost time severity rate is 27.02* which is lower than the month of January (29.64). The state average is 29.76 (Total days lost for each LTI).

3. Update on Corporate/Operational Plans

The Quarterly Performance Report for October – December 2021 (Quarter 2 period) on the 2021-2022 Operational Plan was endorsed at the 24 February 2022 Council Meeting and those minutes are now on this meeting’s agenda.

Plans and the last quarterly report are available for public viewing on council’s website. The link is:

https://www.ipswich.qld.gov.au/about_council/media/corporate_publications/operational_plan

4. Major Key Performance Indicators

People and Culture

· Council’s workforce ‘head count’ has slightly decreased as of 28 February 2022 at 1,452 and is shown with 1,088 full-time (1,100 in January), 135 part-time (132 in January); 113 casual (116 in January); and 116 contingency (106 in January) staff.

· Turnover rate for February 2022 is currently tracking at 15.77% and has remained steady from the month of February (15.27% in January).

Finance

The financial performance report for February is tabled via a separate report on the Council agenda.

February’s financial result has continued the same year to date trend of being ahead of budget. Council’s overall year to date (YTD) net result as at the end of February 2022 is above budget, with a net surplus (including capital revenues) of $63.1 million compared to the YTD budget of $60.8 million.

The operating position of Council is ahead of budget with a YTD surplus of $1.5 million compared to a YTD budget deficit of $6.1 million. Similar to January’s result, fees and charges revenue continues to be above budget ($2.5 million over) and materials and services is underbudget by $3.2 million. The underspend in material and services in expected to be reduce over the coming months. Employee expenses continues to be above budget and this is expected to continue through to the end of the year. The costs of flood recovery will be an emerging issue to be monitored and reported in the coming months.

Capital expenditure YTD (including the Nicholas Street Precinct) was $75.4 million, which is $28.9 million below budget. Approximately $13 million in under-expenditure is primarily related to the timing of the delivery of Nicholas Street redevelopment and there are also timing delays on a landfill rehabilitation project at Whitwood Road. As with operations, as capital resources are redirected towards the flood recovery activities, potential impacts on the capital program will need to be monitored and reported in the coming months.

Capital Delivery Program 2020-2021

The capital delivery for the month of February was adversely impacted by wet

weather including on ground delivery and receipting. The capital funds expended for the

month of February was $6.17 million against a budget of $8.06 million. The underspend is

predominantly in relation to road surfacing rehabilitation and the Whitwood Road landfill

rehabilitation project, with a proportion attributed to delays in receipting incurred as a

result of the flood event.

5. Risk and Compliance Update

Corporate Risk Register

Council’s corporate risk register is reported through Council’s Audit and Risk Management Committee which is held approximately every quarter (the most recent meeting was held on 16 February 2022). Council’s corporate risk register is reviewed and updated every two months at the Executive Leadership Team (ELT) Risk Committee Meeting. The updated corporate risk register was noted and endorsed at the ELT Risk Committee meeting held on 22 February 2022.

Council is currently closely monitoring the COVID-19 pandemic response for safety and business continuity risk management.

Legal Matters

An overview of all current active court proceedings and all significant legal matters that are not the subject of court proceedings is provided at Confidential Attachment 2 to this report.

Matters that are not the subject of court proceedings will be considered significant where:

• they concern subject matter of significant public interest/concern; and/or

• where their outcome may present significant financial value/impact for Council; and/or

• where their outcome may set an important precedent for Council.

Generally significant non-court matters will only be reported where they are the subject of dispute and management of that dispute is being administered by Legal Services (as opposed to where Legal Services’ involvement is ad-hoc or limited to the provision of internal advice), or where they concern a significant project for Council.

The detail reported in respect of each matter listed has been provided with privacy, confidentiality and legal professional privilege (and the requirement to maintain same) in mind.

6. Current Consultation Matters

Shape your Ipswich is Ipswich City Council’s digital engagement platform where Council uses a range of digital techniques to connect with the community and promote any events associated with the consultation project. https://shapeyouripswich.com.au/

Shape Your Ipswich summary:

· Members (as of 28 February) – 3,419

· Contributions (1-28 February) – 320

· Page views (1-28 February) – 12,110

Projects currently open on Shape Your Ipswich (February 2022):

Project Name	Project Lead (Council Department)	Purpose of engagement
Food Organics and Garden Organics (FOGO) Trial	Infrastructure and Environment Department	Feedback and information page for participating residents in Bellbird Park and Raceview for the FOGO trial.
Ipswich Central - CBD Speed Limits	Infrastructure and Environment Department	To seek community feedback on the proposed 40km/h speed limit in the CBD area, as part of the Vulnerable Road User Program.
Ipswich Central – Bottle Alley	Community, Cultural and Economic Development Department	To seek Expression of Interest to design a public artwork to be displayed in Bottle Alley as part of the Ipswich Central Revitalisation.
Tivoli Motorcycle Racing Facility – Motoland	Planning and Regulatory Services Department	To inform the community about the Motoland motorcycle racing facility.
Urban Heat	Infrastructure and Environment Department	Consultation on community experiences of the urban heat environment. Partnership with Griffith University and University of the Sunshine Coast.
Swifts Sports Club Proposed Sale	Corporate Services	To keep the community updated on the potential sale of the Swifts Sports Club, and upcoming community consultation opportunities.
Renaming of Paul Pisasale Bridge and Pisasale Drive	Coordination and Performance Department	To seek community suggestions on re-naming options for the Paul Pisasale Bridge and Pisasale Drive.
Community Panel	Coordination and Performance Department	Council’s new community engagement program for future focussed policy, strategy, projects and plans.
Richardson Park Playground Upgrade	Infrastructure and Environment Department	To seek community ideas and input for the new playground design and park upgrade.
Georgie Conway Leichhardt Community Swim Centre User Consultation	Infrastructure and Environment Department	Consultation on visitation to the pool and pool water temperature. This is a targeted consultation with pool users led by IED.

Projects scheduled to open next month (March 2022):

Project Name	Project Lead (Council Department)	Purpose of engagement
Ipswich Inner CBD Cycle Network Preferred Route	Infrastructure and Environment Department	Gathering feedback on level of support for the preferred route do council can proceed with detailed design. Further engagement on this project will be done with the community panel.
Sustainable Ipswich	Infrastructure and Environment Department	Gathering community ideas for future activities to be held during Sustainable Ipswich Month and seeking potential partners to deliver activities.

Project updates for February – closing the loop:

Project Name	Project Lead (Council Department)	Purpose of engagement
Strengthening Ipswich Communities Plan	Planning and Regulatory Services Department	Page was updated to reflect: · Survey closed · Summary of feedback to be analysed · Feedback to be provided in next steps
Ipswich Arts Advisory Group	Community, Cultural and Economic Development Department	Page was updated to reflect: · Registrations closed · Registrations to be analysed · Feedback to be provided in next steps
Recreational Walking and Cycling	Infrastructure and Environment Department	Page was updated to reflect: · Recreational Cycling and Walking Plan (RCWAP) adopted by council in February 2022 · RCWAP is based on community feedback, and other relevant information. · Final RCWAP plan · Timeline updated · Next steps -how council will implement the plan

7. External Funding

Councils in Queensland may receive funding (Grants) from the Federal and State Governments. Council currently has 113 active grant projects with funding commitments of $43.6 million.

A summary of the grant revenue portfolio is provided below:

8. Council Resolutions

Number of resolutions finalised since last report (14 February 2022): 32

Number of resolutions in progress as at 14 March 2022: 82

HUMAN RIGHTS IMPLICATIONS

HUMAN RIGHTS IMPACTS

RECEIVE AND NOTE REPORT

The recommendation states that the report be received and the contents noted. The decision to receive and note the report does not limit human rights. Therefore, the decision is compatible with human rights.

Attachments and Confidential Background Papers

1.	Actions Report as at 14 March 2022 ⇩

	CONFIDENTIAL
2.	Legal Services Confidential Attachment

Council

Meeting Agenda

24 March

2022

Doc ID No: A7916689

ITEM: 16.2

SUBJECT: Development Application (3827/2019/CA) Recommendation - Wood Mulching Industries (WMI) enclosed compost manufacturing and Bio-Gas facility at Swanbank

AUTHOR: Senior Planner (Development)

DATE: 8 March 2022

Executive Summary

This is a report concerning development application seeking approval for the following at 7006 Unnamed Road, Swanbank:

§ Reconfiguring a Lot – One (1) lot into Two (2) lots with associated Easement (for access, servicing and shared facilities) and One (1) balance lot;

§ Material Change of Use (MCU) for Waste Activity (Compost Manufacturing Enclosed - Stage 1);

§ Material Change of Use for Waste Activity (Biogas Facility) and associated Major Utility (Electricity/Gas Generation - Stage 2); and

§ Material Change of Use for Environmentally Relevant Activities (ERA) 33, 53(a), 53(b) and 54-1.

The application requires determination by Council in accordance with the Framework for Development Applications and Related Activities Policy as the nature of the proposed Use being a Waste Activity located within the Temporary Local Planning Instrument (TLPI) No. 1 of 2020 (Waste Activity Regulation) - Swanbank / New Chum Waste Activity Area.

The proposed development has been assessed in relation to the applicable assessment benchmarks. The proposed Reconfiguring a Lot and Material Change of Use for Waste Activity (Compost Manufacturing and Bio-Gas Facility) generally complies with the assessment benchmarks or can be conditioned to comply.

Recommendation/s

That Council approve Development Application No. 3827/2019/CA being the Material Change of Use for Waste Activity [Compost Manufacturing Enclosed, Waste Activity (Biogas Facility) and Major Utility (Electricity/Gas Generation)] over proposed Lot 1 and Reconfiguring a Lot [One (1) lot into Two (2) lots with associated Easement and One (1) balance lot] subject to conditions as contained in Attachment 1 of this report.

RELATED PARTIES

The related parties to this application are:

§ Applicant - Wood Mulching Industries Pty Ltd

§ Landowner – Swanbank Industrial Park Pty Ltd

§ Town Planning - Ethos Urban Pty Ltd

§ Surveying/Urban Design – Jensen Bowers

§ Landscape - Citicene

§ Stormwater Consultants – Engeny

§ Engineering Services Consultants - Premise

§ Geotechnical Consultants – Moreton Geotechnical Services and Cardno

§ Acoustic – Assured Environmental (AE)

§ Air Quality – Ask Consulting

§ Traffic Engineering Consultants – TTM Consulting Pty Ltd

§ Ecology - 28 South Environmental

§ Bushfire - Land & Environment Consultants

§ Contamination/Unexploded Ordnance - Lambert & Rehbein

§ Public Notification Consultant – AD Contractors Public Notification Specialists

§ Community engagement - Ethos Urban Pty Ltd

§ Hazard and Risk - Icubed

ifuture Theme

Vibrant and Growing

Purpose of Report/Background

SITE ADDRESS:	7006 Unnamed Road, SWANBANK QLD 4306 Lot 6 Unnamed Road, SWANBANK QLD 4306 (for access purposes)
APPLICATION TYPE:	Reconfiguring a Lot and Material Change of Use
PROPOSAL:	§ Reconfiguring a Lot – One (1) lot into Two (2) lots with associated Easement (for access, servicing and shared facilities) and One (1) balance lot; § Material Change of Use for Waste Activity (Compost Manufacturing Enclosed) over proposed Lot 1 of Development Approval 3827/2019/CA - Stage 1 of development; § Material Change of Use for Waste Activity (Biogas Facility) and associated Major Utility (Electricity/Gas Generation) over proposed Lot 2 of Development Approval 3827/2019/CA - Stage 2 of development; § Material Change of Use for Environmentally Relevant Activity (ERA) 33 – Crushing, grinding, milling or screening more than 5,000t of material in a year (finished product screening); § Material Change of Use for Environmentally Relevant Activity (ERA) 53(a) – Organic material processing consisting of operating a facility for processing by way of composting more than 200t of organic material in a year by composting the organic material; § Material Change of Use for Environmentally Relevant Activity (ERA) 53(b) – Organic material processing consisting of operating a facility for processing by way of composting more than 200t of organic material in a year, by anaerobic digestion; and § Material Change of Use for Environmentally Relevant Activity (ERA) 54-1 – Mechanical waste reprocessing, that is operating a facility for receiving and mechanically reprocessing, in a year, more than 5,000t of inert, non-putrescible waste or green waste only
ZONE:	§ Part Regional Business and Industry Investigation Zone § Part Regional Business and Industry Buffer Zone
OVERLAYS:	§ OV1 – Transitional Bushfire Risk Area § OV3 - Mining Constrained Area § OV4 – Difficult Topography § OV7A - Building Height Restriction § OV7B - Existing Committed Urban Townships § OV7E – Unexploded Ordnances Buffer § OV13 – High Voltage Transmission Line
APPLICANT:	Swanbank Industrial Park Pty Ltd C/- Ethos Urban Pty Ltd
OWNER:	Swanbank Industrial Park Pty Ltd
EXISTING OR PROPOSED TRADING NAMES:	Unknown
APPLICATION NO:	3827/2019/CA
AREA:	7006 Unnamed Road, SWANBANK QLD 4306 – 10.1ha Lot 6 Unnamed Road, SWANBANK QLD 4306 – 8.5ha
REFERRAL AGENCIES:	§ Department of State Development, Infrastructure, Local Government and Planning (DSDILGP) – State Assessment Referral Agency (SARA) - Concurrence § Powerlink – Advice Agency § Department of Defence – Third Party Advice Agency
EXISTING USE:	§ 7006 Unnamed Road, Swanbank – Special Industry (Wood Mulching and Composting Facility with associated Site Office, Carparking, Landscaping, Storage and Maintenance Areas) pursuant to Development Approval 4335/2011/MAMC/A § Lot 6 – part of Centenary Highway
PREVIOUS RELATED APPROVALS:	§ Development Approval 2556/99 (to change conditions of Development Approval 1164/98) through Planning and Environment Court Order (Appeal No. 212 of 2000) dated 7 April 2000 for Special Industry (Wood Mulching and Composting Facility) § Town Planning Consent for Extractive Industry (Sand Extraction) dated 4 February 1982 § 4335/2011/MCU - Extension to Special Industry (Wood Mulching and Composting Facility with associated Site Office, Carparking, Landscaping, Storage and Maintenance Areas) § 5674/2015/RAL: Reconfiguration of a Lot (Boundary Realignment – 2 lots into 2 lots) § 7603/2015/RAL: Reconfiguration of a Lot (2 lots into 3 lots, access easements and new road) § 7908/2015/RAL Reconfiguring a Lot (2 Lots into 5 Lots, and new Roads) § 4335/2011/MAMC/A – Minor Change to 4335/2011/MCU § 4335/2011/MAMC/B – Minor Change to 4335/2011/MAMC/A (refused) § 4335/2011/MAMC/C – Minor Change to MAMC/B § 4335/2011/MAMC/D – Minor Change to 4335/2011/MAMC/C § 7905/2015/MCU – Business Use (Garden Centre) and General Industry (Landscape Supply Depot). § 7920/2015/MCU - Special Industry (Concrete Batching Plant) § 12229/2020/CA - Reconfiguring a Lot (1 Lot into 2 Lots plus Balance Lot, and Access Easement), MCU for Business Use (consisting of Service Station with ancillary Shop) on proposed Lot 1, and MCU for Business Uses (consisting of two (2) fast food premises/restaurants and up to five (5) café/restaurant/takeaway food premises tenancies) proposed Lot 2 § 12229/202/MAMC/A - Minor Change to 12229/2020/CA
DATE RECEIVED:	15 May 2019
DECISION PERIOD START DATE:	14 February 2022
EXPECTED DETERMINATION DATE:	31 March 2022

LOCALITY PLAN:

SITE DETAILS AND SURROUNDING LAND USES:

The subject site is located approximately 10.0km south-east of the Ipswich CBD and is at the intersection of Mount Juillerat Drive and Wesley Way which was recently constructed. The site (Lot 402 SP283238) is irregular shaped with an area of 40.1ha and is accessible via the Mount Juillerat Drive extension that is currently partly constructed. The Locality Plan includes some descriptions of the features to locate the site, along with the area of the proposal.

Whilst there are some existing industrial uses (landfill and waste recycling, wood mulching and composting and sand extraction facilities) in close vicinity, the site of the proposal (Lot 402) is predominately surrounded by vacant industrial land that is in the Regional Business and Industry Investigation Zone and Regional Business and Industry Buffer Zone. Land on the southern side of the site across the Centenary Highway is in the Rural Constrained-Ripley Valley Zone while there is Regional Business and Industry Investigation Zone, Regional Business and Industry Buffer Zone and Conservation Zoned land between the development site and the Future Urban zoned land at Redbank Plains (south) adjoining the Mount Juillerat Drive.

The closest existing residential use (part of Eden’s Crossing residential estate) is approximately 1.2km to the north-east on Mount Juillerat Drive. Part of the proposed use area is fairly flat owing to the existing Wood Mulching and Composting Facility (pursuant to development approval 4335/2011/MAMC/D) currently operated by WMI, and the balance area of the site is densely vegetated and contains a large dam on the south-western boundary which traverses on to adjoining lot. The future Ipswich-Springfield transport corridor is on the south-eastern part of the site and is approximately 250m from the proposed use area, and Centenary Highway adjoins this transport corridor

PROPOSAL:

§ Stage 1 - Material Change of Use for Waste Activity (Compost Manufacturing Enclosed) over proposed Lot 1 of Development Approval 3827/2019/CA:

This MCU component of the proposal seeks to transition the existing Special Industry (Wood Mulching and Composting Facility with associated Site Office, Carparking, Landscaping, Storage and Maintenance Areas) Use under Development Approval 4335/2011/MAMC/D that currently is an entirely outdoor facility, to an enclosed Composting Manufacturing Facility. Importantly, the existing Development Approval 4335/2011/MAMC/D has a sunset clause requiring the use to cease in August 2025. The subject proposal intends to extend/expand the existing Waste Activity whilst minimising environmental emissions and amenity impacts on existing and proposed residential areas, reducing the extent and intensity of adverse off-site impacts, improving the management of adverse off-site impacts by implementing best practice, and improving environmental performance.

Specifically, the compost mixing and pasteurization process (that is most odorous in the compost production process) shall be carried out in an enclosed shed measuring 100m x 140m while the raw green waste, shredded green waste, finished pre-screening, and finished product stockpile, making up a total footprint of approximately 3.13ha shall be unenclosed.

All of these use/activity areas are located on proposed Lot 1 and shall also include a maintenance shed measuring 500m² and two (2) bio-filter sheds measuring approximately 200m² each. The Composting Manufacturing Facility is expected to receive approximately 40,000 tonnes per annum of mulch and approximately 30,000 tonnes per annum of green waste for processing at the facility.

§ Stage 2 - Material Change of Use for Waste Activity (Biogas Facility) and associated Major Utility (Electricity/Gas Generation) over proposed Lot 2 of Development Approval 3827/2019/CA:

The proposed Biogas facility shall consist of:

- one (1) 8.5m high 30m x 30m enclosed receiving shed;

- one (1) 8m high Digester Feeding Tank with 500m³ capacity;

- two (2) 13m high Primary Digester Tanks with 2,500m³ capacity each;

- one (1) 8m high Digester Outlet Tank with 500m³ capacity;

- 600 KW Combined Heat and Power (CHP) Unit and associated storage units and one (1) 8m high Temperature Enclosed Flare.

All of these structures are located on proposed Lot 2 with the Bio-Gas facility containing a total footprint of approximately 0.5ha. The Bio-Gas facility is expected to handle approximately 50,000-100,000 tonnes/year of throughput (i.e. green waste) and process approximately 150m³/day of trucked organic wastes.

The Bio-Gas facility is designed to produce approximately 39,054 Gigajoules (GJ) per year of Gas with approximately 1/3 of the Gas output intended to be used to generate electricity to power the development site, about 1/3 turned into tanked/piped fuel and about 1/3 expected to be exported off site through pipeline (natural gas) once such infrastructure is available in the area.

§ Reconfiguring a Lot - One (1) lot into Two (2) lots with associated Easement (for access, servicing and shared facilities) and One (1) balance lot:

The reconfiguring a lot component of the proposal seeks an option to create proposed Lot 1 with an area of 10.0ha, proposed Lot 2 with an area of 3.3ha, and a balance lot with an area of 26.8ha as outlined on the attached plan. Should the reconfiguring a lot component of the proposal be taken up, then Stage 1 shall be located on proposed Lot 1 and Stage 2 shall be located on proposed Lot 2 with the access, carpark, site office and other common infrastructure shared via an easement/common property area arrangement.

The proposed Compost Manufacturing facility and Bio-Gas facility are designed such that they can be operated independently by different operators (if necessary), however, shall have shared access, to common infrastructure.

The proposal is intended to be staged in the following order:

1. Compost Manufacturing facility that includes transition of the existing Special Industry under Development Approval 4335/2011/MAMC/D.

2. Bio-Gas facility.

3. The proposed subdivision, if taken up, is intended to be taken up upon transition of the existing outdoor composting facility into an enclosed facility being Stage 1 of the development.

The proposal provides for 23 car parking spaces to be shared between the Compost Manufacturing facility and the Bio-Gas facility. The design of the buildings is consistent with the height, scale and bulk of industrial buildings expected in an industrial area of this nature. To screen the proposal and improve its appearance, a 20m wide landscape buffer is proposed along the full length of the proposed Lot 2’s frontage that faces the potential future extension of Mount Juillerat Drive to the south.

Assessment against the Temporary Local Planning Instrument (TLPI) No. 1 of 2020 (Waste Activity Regulation) - Swanbank / New Chum Waste Activity Area

While the subject site is partly located within the Swanbank / New Chum Waste Activity Area and partly within the Swanbank / New Chum – Buffer Area of TLPI, the entire use area is within the Swanbank / New Chum – Buffer Area of the TLPI. The purpose of the TLPI is to regulate applications for new or expanded waste activities within the Swanbank / New Chum industrial area to ensure this regionally significant economic area is appropriately regulated to protect existing, approved or planned residential and other sensitive receiving uses, from adverse impacts associated with waste activities.

To achieve this, the TLPI includes Strategic/Overall Outcomes that require Waste Activity Uses involving “Compost Manufacturing Enclosed” to occur only in the Swanbank / New Chum Waste Activity Area, and for “Compost Manufacturing Unenclosed” to not occur in the Swanbank / New Chum Buffer Area or the Swanbank / New Chum Waste Activity Area. Nonetheless, the Specific Outcomes for the Swanbank / New Chum Waste Activity Code of the TLPI indicates that proposals to change or expand an existing Waste Activity Use may be given favourable consideration where it can be clearly demonstrated, with a high degree of certainty, that improved amenity, environmental or community outcomes are able to be achieved.

While the proposed waste activity (compost manufacturing facility and bio-gas facility) is entirely within Swanbank / New Chum – Buffer Area of the TLPI, the proposal to transition the existing outdoor composting operation (under Development Approval 4335/2011/MAMC/A) to an enclosed operation (with receival, screening and finished product stockpiles being outdoors) has the potential to represent a significant improvement in the odour nuisance at nearby residential areas. It also has the potential to realise improved noise, dust and stormwater management performance, through reducing the risk of contaminant transport off site, and improved sustainability outcomes through recycling “waste” and generating electricity from “waste” gas produced during the composting process.

The proposed Bio-Gas facility, which would receive some by-products and materials from the adjoining Compost Manufacturing facility has demonstrated to potentially further improve the emission (odour, noise and dust) levels compared with the current existing operation.

However, it is also noted that the effectiveness and level of reduction in environmental emissions from the proposed indoor composting facility and the proposed bio-gas facility, as compared to the current operation, is highly dependent upon operational measures employed at the site (including restriction on the feedstock received, where and how materials are stored and how long they are stored, on-site dust and leachate management and how on-site staff operate the facility).

Owing to the proposal involving a number of Environmentally Relevant Activities (ERA) which require Environmental Authorities (EA) under the Environmental Protection Act 1994, these operational aspects are regulated by Queensland Government’s Department of Environment and Science (DES). Specification of site operational parameters, to control and manage environmental emissions associated with this proposal, therefore relies on operational conditions imposed by DES as Concurrence Agency for the MCU for ERA component of this proposal, and the EA issued for ERAs 33, 53(a) and 53(b) and 54-1.

Throughout the development application assessment process, Council has collaborated with DES to ensure that any land use planning approval and Concurrence referral agency ERA approvals are consistent. Furthermore, Council sought to clarify composting definitions and various odour generating aspects of the proposed use to ensure that the amenity of nearby residential areas is appropriately managed. The clarification of high odour generating feedstock and the inclusion of Feedstock Management Plans, Compost Process Plans within the EA has provided some assurances of consistency with the TLPI requirements around outdoor activities (receival, screening and finished product stockpiles) relating to composting.

Temporary Local Planning Instrument (TLPI) No.1 of 2021 also came into effect whilst this application was being assessed and it is considered to be a relevant matter. Having undertaken a review, the proposal generally complies with this new TLPI as the proposal is for an extension or expansion of a lawful existing Waste Activity Use to improve amenity by:

- minimising environmental emissions and amenity impacts on existing and proposed residential areas;

- reducing the extent and intensity of adverse off-site impacts;

- improving the management of adverse off-site impacts by implementing best practice;

- improving environmental performance;

Environmental Authority

DES’s Environmental Authority (EA) conditions cover operation of the waste activity (including waste receival, waste storage and processing, and screening of finished compost), though do not include finished product storage post-screening. The environment aspects regulated by DES under Environmental Authority P-EA-100119834 (dated 4 February 2022) issued by them for the proposal, include the following conditions that specifically relate to managing amenity and environmental outcomes:

§ Odour Aspects are managed under Condition G22-G24 (Feedstock Management Plan), Conditions G25- 31(Compost Process Plan and Finished compost quality characteristics) and Conditions A1-A10 which address emissions of odour and other airborne contaminants from the composting operation, including the bio-gas flare and biofilters.

§ Conditions WT1 and WT7 require leachate management, capture and reuse of stormwater runoff from the activity areas for all events including 24hour storm event with ARI 1 in 10 years, and permission to release waters from the site only in the event it satisfies specified discharge limits (which are prescribed in Table 6 of the EA).

§ Conditions G12-G13 require a weather station to be installed and maintained (to assist with the investigation of odour complaints). Conditions G15-G17 address complaint management.

§ Conditions N1-N2 address noise management and includes specific noise emission limits.

§ Condition G11 requires chemicals and fuels to be stored in secondary containment systems.

§ Conditions L3-L9 address requirements around Fauna Spotter Catcher, Pre-clearance surveys and restrictions to areas of Vegetation clearing. Condition L2 includes erosion and sediment control management requirements.

In relation to the finished product stockpile area, potential environment aspects include dust emissions and contamination to land (possibly through refuelling of mobile equipment, spills of stored hazardous substances, or leachate). If dust became a nuisance, this would be managed through the nuisance provisions of the Environmental Protection Act 1994 (which are also reiterated within the EA for the activities). If chemical spills arose, these would report to land which drains to the stormwater management ponds required by the EA (regulated by the DES).

It is therefore considered that the proposed Waste Activity (Compost Manufacturing facility and Bio-Gas facility) which is a replacement of the existing Waste Activity Use (pursuant to 4335/2011/MAMC/D), will result in an improved amenity, environmental or community outcome when compared to the current operation, subject to compliance with the terms and conditions of Environmental Authority P-EA-100119834 dated 4 February 2022 and issued by DES for the subject proposal. Further, it is considered unnecessary for Council to include environment conditions as part of the Waste Activity Use as environmental emissions associated with the Use are regulated by DES’s Environmental Authority (EA) for the Use. Notwithstanding, a condition has been included in the recommendation requiring the applicant to ensure compliance with DES’s EA for the proposed use.

ASSESSMENT BENCHMARKS:

The application is Impact Assessable and has been assessed against the assessment benchmarks set out by the categorising instruments in accordance with section 45(5)(a)(i) of the Planning Act 2016.

The relevant assessment benchmarks which have been applied for the purposes of this assessment are as follows:

Categorising Instrument	Assessment Benchmarks
State Planning Policy July 2017, Part E	Planning for liveable communities and housing Planning for economic growth Planning for environment and heritage Planning for safety and resilience to hazards Planning for infrastructure
Ipswich Planning Scheme 2006	Desired Environmental Outcomes and Performance Indicators (Part 3) Regionally Significant Business and Industry Areas Code (Part 6) Development Constraints Overlays Code (Part 11, division 4) Reconfiguring a Lot Code (Part 12, division 5) Commercial and Industrial Code (Part 12, division 7) Parking Code (Part 12, division 9) Earthworks Code (Part 12, division 15) Local Government Infrastructure Plan (Part 13) Planning Scheme Policy 3 General Works Planning Scheme Policy 5 Infrastructure Implementation Guideline No. 13 Provision of Electricity, Driveways and Crossovers, Footpaths, Kerb and Channel Implementation Guideline No. 14 Sewer Extensions/Connections to Service New Developments Implementation Guideline No. 19 Vegetation Retention Implementation Guideline No. 24 Stormwater Management Implementation Guideline No. 28 Dispersive Soil Management
Temporary Local Planning Instrument	Temporary Local Planning Instrument (TLPI) No. 1 of 2020 (Waste Activity Regulation) - Swanbank / New Chum Waste Activity Area

The application was found to comply with the assessment benchmarks applying to the development.

OTHER MATTERS GIVEN REGARD:

The assessment must give regard to the relevant matters identified in section 31 of the Planning Regulation 2017 and in accordance with section 45(5)(a)(ii) of the Planning Act 2016.

The application was given regard to the following matters:

Relevant matter	Given regard to
Planning Regulation 2017, s31(1)(d)	(i) The regional plan for a region, to the extent the regional plan is not identified in the planning scheme as being appropriately integrated in the planning scheme; and (ii) the State Planning Policy, to the extent the State Planning Policy is not identified in the planning scheme as being appropriately integrated in the planning scheme;
Planning Regulation 2017, s31(1)(f)	any development approval for, and any lawful use of, the premises or adjacent premises; and
Planning Regulation 2017, s31(1)(g)	the common material.

The assessment was also carried out having regard to other relevant matters in accordance

with section 45(5)(b) of the Planning Act 2016. The assessment had regard to the following matters:

Relevant matter

Given regard to

Temporary Local Planning Instrument (TLPI) No. 1 of 2021 (Resource Recovery and Waste Activity Regulation)

Regard was given to TLPI No. 1 of 2021

as a relevant matter to the application which came into effect after the application was properly made. The proposal generally complies with this TLPI as the proposal for an extension or expansion of a lawfully existing Waste Activity Use achieves improved amenity by:

- minimising environmental emissions and amenity impacts on existing and proposed residential areas;

- reducing the extent and intensity of adverse off-site impacts;

- improving the management of adverse off-site impacts by implementing best practice; and

- improving environmental performance.

OTHER RELEVANT INFORMATION:

The development site and its immediate surroundings is predominantly located in the Regional Business and Industry Investigation zone (Part 6, Division 5) which identifies the need for a comprehensive planning framework for development of land located in this zone. In response to this, the applicant has submitted an indicative overall masterplan and plan of development, and supporting technical documentation including traffic reports, engineering servicing reports, environmental reports etc, as part of the subject application and also other development applications (12229/2020/MAMC/A, 7905/2015/MCU and 7920/2015/MCU) over adjoining land that is currently owned by the same applicant.

The indicative overall masterplan identifies structure planning elements relating to the applicant’s overall land parcels and illustrates the master plan relevant to the subject site and its immediate surroundings including preferred land uses, overall traffic and access network, stormwater network, and areas subject to ecological values. Further, based on the submitted supporting technical documentation as identified above, it is considered that the proposed development can be undertaken in an orderly, integrated and coordinated manner with regard to land use mix, environmental management, transport and access, and infrastructure and services.

Council has recently approved the below mentioned development applications over adjoining land that is currently owned by the same applicant. The uses proposed as part of these applications are generally consistent with the indicative overall masterplan mentioned above.

§ Approval 7905/2015/MCU – MCU for Business Use (Garden Centre) and General Industry (Landscape Supply Depot).

§ Approval 7905/2015/MCU – MCU for Special Industry (Concrete Batching Plant)

§ Application 12229/2020/MAMC/A – RAL for 1 lot into 2 lots plus Balance Lot and Access Easement, MCU for Business Use (consisting of Service Station with ancillary Shop) on proposed Lot 1; and Business Uses (consisting of two (2) fast food premises/restaurants and up to five (5) Café/restaurant/takeaway food premises tenancies) on proposed Lot 2.

NOTICE ABOUT THE DECISION (STATEMENT OF REASONS):

In accordance with section 63 of the Planning Act 2016, a ‘notice about the decision’ is required for this application. Accordingly, a Statement of Reasons is included with this decision. This Statement of Reasons provides the justification for Council’s decision.

INFRASTRUCTURE CHARGES AND INFRASTRUCTURE AGREEMENTS:

Pursuant to section 119 of the Planning Act 2016, an infrastructure charges notice is proposed to be given for roadworks with charges as detailed below:

§ RAL for One (1) Lot into Two (2) Lots plus Balance Lot – None applicable as adequate credits available via carrying out MCU for Waste Activity (Compost Manufacturing Enclosed) over proposed Lot 1 of Development Approval 3827/2019/CA - Stage 1 of development; and Waste Activity (Biogas Facility) and associated Major Utility (Electricity/Gas Generation) over proposed Lot 2 of Development Approval 3827/2019/CA - Stage 2 of development.

§ MCU for Waste Activity (Compost Manufacturing Enclosed) over proposed Lot 1 of Development Approval 3827/2019/CA - Stage 1 of development; and Waste Activity (Biogas Facility) and associated Major Utility (Electricity/Gas Generation) over proposed Lot 2 of Development Approval 3827/2019/CA - Stage 2 of development - $784,695.75.

These infrastructure charges are calculated based on the lesser of the charge rates stipulated in Schedule 2 (trunk infrastructure network charges) of Council’s Adopted Infrastructure Charges Resolution or the maximum adopted charge calculated under the Planning Act 2016 and the Planning Regulation 2017. In this particular instance, infrastructure charges have been calculated based on the maximum adopted charge for MCU and RAL component of the development while the demand credit for existing lot (Lot 402 SP283238) is applied in accordance with the Ipswich Adopted Infrastructure Charges Resolution.

Legal/Policy Basis

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

Planning Act 2016

Planning Regulation 2017

RISK MANAGEMENT IMPLICATIONS

A risk to council exists should the proposal not be determined in accordance with legislative requirements. The assessment and subsequent recommendations have been prepared to minimise the risk. Pursuant to DA rules the due date to make a decision on this application is 31 March 2022 and the due date to issue the decision notice to the applicant is 7 April 2022. The applicant could lodge a deemed refusal appeal in the P&E court if the decision notice is not issued to the applicant by 7 April 2022.

HUMAN RIGHTS IMPLICATIONS

HUMAN RIGHTS IMPACTS
OTHER DECISION
(a) What is the Act/Decision being made?	Decision to approve development application number 3827/2019/CA.
(b) What human rights are affected?	The applicant is a company and therefore does not have human rights under the Human Rights Act 2019. Privacy and reputation (s25 of the Human Rights Act 2019): One (1) properly made submission was received during the public notification period for the application and therefore Council has an obligation to consider human right in relation to the submitter. The submitter does have appeal rights pursuant to the Planning Act 2016. The proposed decision does not have the potential to restrict or interfere with the right to privacy because before a person makes a submission regarding a development application they are provided advance notice (via Council’s website) that it is a requirement under the Planning Act 2016 that contact details of all properly made submitters be included on any decision notice and therefore they have the ability of consider whether to proceed with making a submission in spite of the legislatively required disclosure of their personal information. In acknowledging a properly made submission, Council provides a letter to submitters advising them of this statutory requirement. In the instance, the submitter’s personal information is already published on ePathway as the submitter did not advise Council that they did not want their personal information to be published (this opportunity is provided upon lodgement of submission). The submitter may request that the information be removed from ePathway and may also choose to withdraw their properly made submission should they not want their details to be included on the decision notice in accordance with statutory requirements.
(c) How are the human rights limited?
(d) Is there a good reason for limiting the relevant rights? Is the limitation fair and reasonable?
(e) Conclusion	The decision is consistent with human rights.

Financial/RESOURCE IMPLICATIONS

This report relates to Council acting in its capacity as the assessment manager for development applications. The development application fee was paid to cover Council’s costs in this regard and as such, there are no financial or resource implications associated with this report.

COMMUNITY and OTHER CONSULTATION

Referral Agencies

This development application required referral to a number of external agencies including the Queensland Government State Assessment Referral Agency (SARA), Powerlink and Department of Defence (DOD). A summary of each of these referrals is as follows:

Queensland Government State Assessment Referral Agency (SARA)

The application was referred to the Queensland Government State Assessment Referral Agency (SARA) as a concurrence agency. SARA’s response dated 11 February 2022 advised that they did not object to the development subject to the inclusion of SARA conditions. In the Statement of Reasons (SOR) provided by SARA, Council was advised that:

§ The development achieves compliance with the applicable performance outcomes of State code 1 and 6 of the SDAP as:

- the development does not create a safety hazard for users of a state-controlled road, by increasing the likelihood or frequency of fatality or serious injury.

- the development does not compromise the structural integrity of state-controlled roads, road transport infrastructure or road works.

- development does not compromise the state’s ability to maintain and operate state-controlled roads.

§ The development achieves compliance with the applicable performance outcomes of State code 1 of the SDAP as the development does not compromise the state’s ability to construct future railways, or significantly increase the cost to construct future railways.

§ The development achieves compliance with the applicable performance outcomes of State code 22 of the SDAP as:

- it is located and designed to avoid or mitigate environmental harm on environmental values of the natural environment, adjacent sensitive land uses and sensitive receptors.

- it avoids impacts on matters of state environmental significance, and where avoidance is not reasonably possible, minimise and mitigate impacts, and provide an offset for significant residual impacts where appropriate.

Furthermore, SARA’s response includes the Department of Environment and Science (DES) issued Environmental Authority P-EA-100119834 dated 4 February 2022, relating to management of environmental impacts associated with the proposed Use.

It is worth noting that Council officers collaborated with SARA and DES in finalising their respective responses on this application.

Powerlink

The application was referred to Powerlink as an advice agency owing to the fact that Lot 6 Unnamed Road, Swanbank (Lot 6 SP196914 – part of Centenary Highway and relates access for the proposed Use) is subject to a transmission entity easement. Energex responses dated 3 January 2020 and 2 December 2019 advised Council that they do not object to the development subject to inclusion of conditions relating to maintaining clearances to their infrastructure.

Department of Defence (DOD)

The application was referred to the Department of Defence (DOD) as a third-party advice agency. DOD’s response dated 6 December 2019 advised Council to have regard to Defence (Aviation Area) Regulations and bird strike management relating to the proposed use. Accordingly, conditions requiring the applicant to submit to DOD a Wildlife Management Plan and to report any tall structures that could impact on the operation of the RAAF Base at Amberley, have been incorporated in the recommendation.

INTERNAL CONSULTATION

The application and common material was presented to Council’s Initial Development Assessment Panel (consisting of various representatives from across the organisation) for review upon lodgement. At this meeting, it was determined that internal referral was required to the Engineering, Health and Environment (EHE) Branch and the Infrastructure Strategy Branch of the Infrastructure and Environment Department (IED) primarily owing to the below:

§ Presence of LGIP identified trunk infrastructure being the Mount Juillerat Extension (LGIP ID 149) adjoining the proposed use area.

§ Potential traffic impacts on surrounding road network.

§ Potential for stormwater and environmental impacts, and site-specific development constraints like mining etc.

The following assessment reports were prepared and have been incorporated into the recommendation:

- Engineering report dated 24 February 2022 with recommended conditions relating to utility services, access, parking and manoeuvring areas, roadworks, stormwater quantity management, earthworks, design certifications and further works.

- Environment report dated 24 February 2022 with recommended conditions relating to stormwater quality and maintenance.

The Infrastructure Strategy Branch of the Infrastructure and Environment Department (IED) have advised that based on the submitted traffic engineering technical reports, the proposal does not adversely impact on the LGIP identified trunk infrastructure being the Mount Juillerat Extension (LGIP ID 149). Further detailed investigation on alignment and design of the Mount Juillerat Extension shall/can be dealt as part of future development on the balance land.

Public Notification

Public notification of this application was undertaken pursuant to the Planning Act 2016. The applicant undertook public notification from 3 June 2021 to 24 June 2021 for a period of 15 business days. During this period Council received one (1) properly made submission objecting to the proposed development. Matters raised in the submissions include:

Matter raised

How matters were dealt with in reaching a decision

Odour from the green waste recycling businesses in Swanbank area are continually impacting people’s lives (like enjoying outdoors, hanging out washing, and opening up their homes in the hotter months, having visitors etc) and potentially exposing residents of Ripley and surrounding area to other harms. Residents do not want more companies adding to odour issues that Council and the State Government are struggling to control.

The proposal to modify the existing outdoor composting operation to an enclosed operation (with receival, screening and finished product stockpiles being outdoors), will result in a significant improvement in odour nuisance at nearby residential areas. Council’s Environmental Planners have advised that the proposed Compost Manufacturing facility and Bio-Gas facility which is a change/expansion to the existing Waste Activity Use (pursuant to 4335/2011/MAMC/D), can achieve an improved amenity, environmental or community outcome to the current operation, subject to compliance with the terms and conditions of Environmental Authority P-EA-100119834 dated 4 February 2022 issued by DES for the subject proposal. A condition has been included in the recommendation requiring compliance with the site’s Environmental Authority (EA) Permits issued by DES that includes specific conditions/requirements to appropriately manage air quality (odour and dust).

Apart from the statutory public notification required under the Planning Act 2016 it is understood the applicant also carried out their own community engagement in May/June 2021 which included post card distribution to residents in parts of Ripley and Redbank Plains south area that are approximately 2.5km from the proposed use area. Further, it is understood that the applicant consulted other stakeholders like elected State and Local government representatives, and the general community via face-to-face meetings, emails and/or via uploading information about the proposal on the WMI website.

Conclusion

An assessment of the proposal as described above has been undertaken and it has been determined that the Reconfiguring a Lot (1 lot into 2 lots with associated Easement for access, servicing and shared facilities, and 1 balance lot); Material Change of Use for Waste Activity (Compost Manufacturing Enclosed) over proposed Lot 1 of Development Approval 3827/2019/CA - Stage 1 of development; and Waste Activity (Biogas Facility) and associated Major Utility (Electricity/Gas Generation) over proposed Lot 2 of Development Approval 3827/2019/CA - Stage 2 of development, at 7006 and Lot 6 Unnamed Road, Swanbank, generally complies with the assessment benchmarks or can be conditioned to comply. It is therefore recommended that the development application be decided in accordance with the recommendation and attachments of this report.

Of particular note with respect to the outcome of this recommendation is that conditions are recommended to be included in any decision to ensure the transition of the existing use (4335/2011/MAMC/D) into the proposal the subject of this recommendation. It is also critical that the sunset clause relevant to application 4335/2011/MAMC/D not be extended, such that the use of the site effectively transitions to the proposal the subject of this recommendation.

Attachments and Confidential Background Papers

1	Draft Decision Notice (under separate cover)
2	Draft Infrastructure Charges Notice (under separate cover)
3	Draft Approval Plans (under separate cover)
4	Draft Statement of Reasons (under separate cover)
5	Referral Agency Response (Queensland Government - SARA) (under separate cover)
6	Referral Agency Response (Powerlink) (under separate cover)
7	Referral Agency Response (Department of Defence) (under separate cover)

Sandeep Nanjappa

Senior Planner (Development)

I concur with the recommendations contained in this report.

Michael Simmons

Development Assessment West Manager

I concur with the recommendations contained in this report.

Anthony Bowles

Principal Planner (Development)

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”

1.	Resident Mailout - What's being planned ⇩

	CONFIDENTIAL
2.	Option Analysis - Tregair Street Drainage
3.	Acquisition Plan (Revised) - 1 Rockton Street, Newtown
4.	Site Plan (Detailed design in progress) - 2 Tregair Street, Newtown
5.	Title Search - 1 Rockton Street, Newtown
6.	Title Search - 2 Tregair Street, Newtown
7.	Artist Impression Plan of Works

RECOMMENDATION

Summary

INTRODUCTION

RECOMMENDATION

Attachments and Confidential Background Papers