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Growth Infrastructure and Waste Committee Meeting Agenda |
9 February 2023 |
This matter has been determined to be of a significant nature and approval has been given to refer this report to the Growth Infrastructure and Waste Committee as a late item.
ITEM: 8
SUBJECT: Development Application (17522/2021/PDA) Recommendation - Proposed Community Use (Child Care Centre) at 7001 Grampian Drive, Deebing Heights
AUTHOR: Senior Planner (Development)
DATE: 1 February 2023
This is a report concerning a development application seeking a Material Change of Use approval for a Community Use (Child Care Centre) over land at 7001 Grampian Drive, Deebing Heights. Specifically, this report is a follow up to a report presented to the Growth Infrastructure and Waste Committee (GIWC) meeting held on 13 October 2022 (Attachment 1) and details the steps that have been taken since that meeting including the outcome of the Council recommendations to consult with the Minister for Economic Development Queensland (EDQ) and the Minister for Police and Corrective Services about the development application.
Having now undertaken further consultation with external parties including the Minister for Economic Development Queensland (EDQ) and the Minister for Police and Corrective Services, it is recommended that the proposed Community Use (Child Care Centre) be approved subject to conditions.
A. That Council approve Development Application No. 17522/2021/PDA, being the Material Change of Use for Community Use (Child Care Centre), subject to conditions as contained in Attachment 2 of this report.
Statement of Reasons
Council has reached its position having regard to the confirmation that the Department of Seniors, Disability Services and Aboriginal and Torres Strait Islander Partnerships (DSDSATSIP) are satisfied that cultural heritage matters have been addressed through the obligations under the Aboriginal Cultural Heritage Act 2003. The Queensland Police Service (QPS) Report has confirmed the results of the analysis of the bone fragments found near the subject site were of non-human origin and the advice from Economic Development Queensland (EDQ) that they have considered the assessment of cultural heritage matters and they are satisfied that matters relating to cultural heritage have been appropriately addressed. This has been reflected in the following correspondence.
§ The Correspondence dated 18 November 2022 from the Assistant Commissioner, Queensland Police Service.
§ The Correspondence dated 16 December 2022 from the Minister for Economic Development Queensland.
§ The Correspondence dated 22 December 2022 from the Executive Director Planning Services of Economic Development Queensland.
RELATED PARTIES
§ Applicant - Otiosum Pty Ltd C/- LandPartners
§ Owner – A V Jennings Properties Limited
§ Relevant Consultants:
- Planning Consultant – LandPartners
- Engineering Services Consultant – Milanovic Neale Consulting Engineers
- Architectural Design Consultants – Verve Building Design Co.
- Traffic Consultant – Holland Traffic Consulting Pty Ltd
- Acoustics – Decibell Consulting Pty Ltd.
- Stormwater Consultant – Milanovic Neale Consulting Engineers
- Landscape Consultant – Andrew Gold Landscape Architecture
- Public Notification Consultant – Real Property Signs
ifuture Theme
Vibrant and Growing
Purpose of Report/Background
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Otiosum Pty Ltd C/- LandPartners |
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OWNER: |
AV Jennings Properties Limited |
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EXISTING OR PROPOSED TRADING NAMES: |
Unknown |
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PDA APPLICATION NO: |
17522/2022/PDA |
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AREA: |
§ Parent lot being 7001 Grampian Drive, Deebing Heights – 28.35ha § Development lot being proposed Multiple Residential (24 units) Lot of Development Approval 7787/2008/MAMC/A – 0.59ha |
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STATE INTERESTS/ |
Economic Development Queensland (EDQ) of Department of State Development, Infrastructure, Local Government and Planning |
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EXISTING USE: |
Vacant land |
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PREVIOUS RELATED APPROVALS AND ENDORSEMENTS: |
§ 7787/2008/MAMC/A – Minor Change Application - Variation Approval (Material Change of Use for Variation Request to the Planning Scheme to allow for single residential, multiple residential and shopping centre uses on Lot 196 S3157); and Reconfiguration of a Lot - One (1) lot into 137 lots (including six (6) multiple residential project lots and one (1) shopping centre project lot), new roads, linear open space and drainage reserve § 24/2013/PDA - Material Change of Use approval for Shopping Centre § 10157/2018/PDA - Reconfiguring a Lot - One (1) Lot into Eighty-One (81) Lots, One (1) Drainage Reserve Lot, New Roads and Linear/Corridor Park, and Material Change of use - Plan of Development (POD) for a House on Eighty-One (81) lots |
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DATE RECEIVED: |
27 October 2021 |
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DECISION PERIOD START DATE: |
26 August 2022 |
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EXPECTED DETERMINATION DATE: |
24 October 2022 |
LOCALITY PLANS:
Location Plan
Location Plan
Extract of approved subdivision layout pursuant to Development Approval 7787/2008/MAMC/A illustrating proposed ‘Multiple Residential (24 units) Lot’
ACTIONS ARISING FROM 13 OCTOBER 2022 GIWC MEETING
At the GIWC meeting held on 13 October 2022, Council Planning Officers had originally recommended that the Council approve Development Application No. 17522/2021/PDA, however the Council made the following alternative recommendations as contained in Attachment 3:
A. That Council inform the Minister that Council is considering a refusal for Application No. 17522/2021/PDA and inform Economic Development Queensland (EDQ) and await direction on the matter.
B. That it be noted that Council is considering refusal of the application on the basis of cultural heritage issues.
C. That Ipswich City Council write to the Minister for Police and Corrective Services Hon Mark Ryan MP to request that the relevant Queensland Police Service (QPS) report in relation to the investigation of the property the subject of Application No. 17522/2021/PDA be made available for public viewing.
COMMUNITY and OTHER CONSULTATION
Consultation with the Minister for Economic Development Queensland (EDQ)
As per the Council recommendations, the CEO issued
correspondence to the Deputy Premier Steven Miles (also Minister for EDQ)
(Attachment 4) to which a response was received on
16 December 2022 (Attachment 5).
The response included the following advice:
§ The Deputy Premier notes that the committee report titled "Development Application (175822/2021/PDA) Recommendation" (Doc ID No. A8311240), concluded that the proposed Child Care Centre would not impact on aboriginal cultural heritage values, and further, that these matters are managed under the Aboriginal Cultural Heritage Act 2003;
§ The Deputy Premier notes that the Queensland Police Service's report referred to in the Council's committee report concluded that the bones were not of human origin, and that the report is now publicly available and accessible through the Council's website;
§ The Deputy Premier understands that the Council has taken steps to inform itself more fully in relation to above mentioned matters and intends to consider the application further having regard to this information;
§ Council should advise the Department of State Development, Infrastructure, Local Government and Planning, when the date for reconsideration of the application is available; and
§ In accordance with the Instrument of Delegation and Direction dated 17 October 2019 from the Minister for Economic Development Queensland (MEDQ) to the Ipswich City Council, that Council advise the Minister prior to making its decision should the Council still intend to refuse the subject development application.
Upon receiving the Deputy Premiers Response, Council officers sought further clarification from EDQ, to which the Executive Director Planning Services of Economic Development Queensland provided further advice to the General Manager (Planning and Regulatory Services) via correspondence dated 22 December 2022 (Attachment 6). The response included the following further advice:
§ EDQ consulted with the Department of Seniors, Disability Services and Aboriginal and Torres Strait Islander Partnerships (DSDSATSIP) and reviewed the Queensland Police Service (QPS) Report relating to the investigation surrounding the bone fragments found in proximity to the subject site;
§ DSDSATSIP reconfirmed their position to EDQ that cultural heritage matters are addressed through the obligations under the Aboriginal Cultural Heritage Act 2003; This advice was included in the previous approval over the site (ICC application reference 7787/2008/MAMC/A and 10157/2018/PDA);
§ QPS Report confirmed the results of the analysis of the bone fragments found near
the subject site were of non-human origin; and
§ EDQ has considered the assessment of cultural heritage matters and is satisfied that matters relating to cultural heritage have been appropriately addressed.
Consultation with the Minister for Police and Corrective Services
As per the Council recommendations, the CEO issued correspondence to the Minister for Police and Corrective Services (Attachment 7), to which a formal response was received on 18 November 2022 (Attachment 8). As part of the response, Council was provided a copy of an Anthropological Case Report as dated 17 August 2022 relating to the skeletal remains that had been located on the development site.
The Anthropological Case Report that was provided to Council (and now placed on the public record) has been compiled by an officer of the Forensic Services Group, Queensland Police Service. This report was prepared following an examination of a series of photographic images including 42 images representing four (4) bones and 64 images representing approximately ten (10) larger fragments and multiple smaller fragments. The report reached the following conclusions:
§ Two (2) of the skeletal remains were not human and are most likely pig bones;
§ Unable to form an opinion on the species of origin of the other two (2) bony elements due to their fragmentary nature and lack of surface detail;
§ Some of the images illustrated objects most of which couldn’t be identified as osseous or bone material. Many of these appear to be consistent with stone or fossilized osseous material;
§ Some of the images of the skeletal material is determined to be not human but consistent with wallaby bones; and
§ No physical examination of the skeletal remains was undertaken.
It is noted that the Anthropological Case Report was peer
reviewed by a Senior Lecturer in Human Anatomy (University of Sydney) and NSW
State Forensic Anthropologist on
17 August 2022.
Consultation with Other Relevant Parties
Since the GIWC meeting held on 13 October 2022, Councillors and Officers have also engaged with a number of other external parties to help better understand the cultural heritage matters that exist in and around the development site. This has included consultation with developers and the Yuggera Ugarapul People (YUP). As a result, Council has been provided with a number of supporting documents including Fact Sheets and FAQ’s to help guide the decision-making process (Attachment 9).
A number of Jarjumbah Protection Site Representatives were also invited to meet with the Mayor and Councillors along with Council Officers. At this meeting, the Jarjumbah Protection Site Representatives raised some concerns and issues in relation to the development on the site. These matters have subsequently been addressed (Attachment 10).
Cultural Heritage Management Plan (CHMP)
Any land user can develop and seek approval for a CHMP under the Aboriginal Cultural Heritage Act 2003 and Torres Strait Islander Cultural Heritage Act 2003 (the Cultural Heritage Acts).
A CHMP is an agreement between a land user (sponsor) and Traditional Owners (endorsed party) developed under Part 7 of the Cultural Heritage Acts. The CHMP explains how land use activities can be managed to avoid or minimise harm to Aboriginal or Torres Strait Islander cultural heritage.
A CHMP must be developed and approved under Part 7 of the legislation when an environmental impact statement is required for a project. However, any land user can voluntarily develop and seek to have a CHMP approved, even when there is no legal requirement to do so. The advantage of developing a CHMP voluntarily is it allows the land user to address cultural heritage with certainty and within a statutory timeframe.
The current owners (AV Jennings Pty Ltd) of the parent lot have agreed on a CHMP with YUP and the CHMP has been endorsed and registered with Queensland Government’s Department of Aboriginal and Torres Strait Islander Partnerships (DATSIP) in May 2019. Council has been advised that the subject CHMP is a confidential document and at the stage a copy has not been made available for review by Council Officers.
Legal IMPLICATIONS
This report and its recommendations are consistent with the following legislative provisions:
Economic Development Act 2016.
policy implications
Not applicable
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.
§ This Ripley Valley Priority Development Area (PDA) development application has been assessed pursuant to the Economic Development Act 2012 under the current Instrument of Delegation and Direction from the Minister for Economic Development Queensland (MEDQ) to Ipswich City Council.
As per the current Instrument of
Delegation and Direction, if Council is inclined to recommend refusal of this
development application, it must notify MEDQ in writing before any final
decision is made and then comply with any further direction from MEDQ.
This has been reiterated by the Deputy Premier in his correspondence dated
16 December 2022.
This is an important aspect to be considered if Council recommends refusal of the proposal as MEDQ may still provide a direction that is contrary to such a recommendation upon reviewing the facts and circumstances.
Financial/RESOURCE IMPLICATIONS
This report relates to Council acting in its capacity as MEDQ Delegate to assess Ripley Valley PDA 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.HUMAN RIGHTS IMPLICATIONS
Refer GIWC report (Doc ID No: A8311240) dated 19 September 2022 relating to Development Application No. 17522/2021/PDA.
Conclusion
An assessment of the proposal as described above has been undertaken. Having considered the further advice received from the Minister for Economic Development Queensland (EDQ), the Executive Director Planning Services of Economic Development Queensland and the Assistant Commissioner, Queensland Police Service (QPS) it has been determined that the Material Change of Use for a Community Use (Child Care Centre) over 7001 Grampian Drive, Deebing Heights 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.
Attachments and Confidential Background Papers
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1. |
17522/2021/PDA - Original Officers Report presented to the
Growth Infrastructure and Waste Committee (GIWC) Meeting held on 13 October
2022 ⇩ |
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2. |
17522/2021/PDA - PDA Decision Notice Approval (DRAFT) ⇩ |
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3. |
17522/2021/PDA - GIWC Meeting Minutes from 13 October 2022
- Including Alternative Council Recommendation ⇩ |
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4. |
17522/2021/PDA - CEO correspondence to the Deputy Premier
(also Minister for EDQ) ⇩ |
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5. |
17522/2021/PDA - Deputy Premier (also Minister for EDQ) Response
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6. |
17522/2021/PDA - Executive Director Planning Services of
EDQ Response ⇩ |
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7. |
17522/2021/PDA - CEO correspondence to Minister for Police
and Corrective Services ⇩ |
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8. |
17522/2021/PDA - Queensland Police Services (QPS) Response
⇩ |
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9. |
17522/2021/PDA - AV Jennings Presentation (Deebing FAQ and
Everick Heritage correspondence) ⇩ |
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10. |
17522/2021/PDA - Actions from meeting with Jarjumbah
Protection Site Representatives ⇩ |
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
Manager, Development Planning
I concur with the recommendations contained in this report.
Peter Tabulo
General Manager Planning and Regulatory Services
“Together, we proudly enhance the quality of life for our community”
