IPSWICH

CITY

COUNCIL

 

 

 

 

 

 

 

 

 

 

AGENDA

 

Growth Infrastructure and Waste Committee

 

 

Thursday, 1 February 2024

9.00 am

 

Council Chambers, Level 8

1 Nicholas Street, Ipswich

 

 

 

 


 

MEMBERS OF THE Growth Infrastructure and Waste Committee

Mayor Teresa Harding (Chairperson)

Councillor Paul Tully (Deputy Chairperson)

Councillor Sheila Ireland

Councillor Jacob Madsen

Councillor Marnie Doyle

Councillor Andrew Fechner

Councillor Kate Kunzelmann

Deputy Mayor Russell Milligan

Councillor Nicole Jonic

 


Growth Infrastructure and Waste Committee

Meeting Agenda

1 February

2024

 

Growth Infrastructure and Waste Committee AGENDA

 

 

Item No.

Item Title

Page No.

 

Welcome to Country or Acknowledgment of Country

 

 

Declarations of Interest

 

 

MATTERS FOR RECOMMENDATION TO COUNCIL

 

 

Business Outstanding

 

 

Confirmation of Minutes

 

1

Confirmation of Minutes of the Growth Infrastructure and Waste Committee No. 2023(11) of 28 November 2023

7

 

Officers’ Reports

 

 

MATTERS WHICH MAY BE RESOLVED UNDER DELEGATION
(in accordance with section 257(1)(c) of the Local Government
Act 2009
, the Growth, Infrastructure and Waste Committee has
been delegated power to make decisions on behalf of Council for
decisions made under the Planning Act 2016 and the Economic Development Act 2012)

 

2

Development Application (4650/2023/MCU) Recommendation - Material Change Of Use - Business Use (Cafe and Ancillary Gift Shop)

16

3

Request to Extinguish Local Government Agreement No. 701561648

35

 

MATTERS FOR RECOMMENDATION TO COUNCIL

 

4

Strengthening Ipswich Communities Plan

40

5

Exercise Of Delegation Report

91

6

Planning and Environment Court Action Status Report

116

 

Notices of Motion

 

 

Matters Arising

 

** Item includes confidential papers

 


Growth Infrastructure and Waste Committee NO. 1

 

1 February 2024

 

AGENDA

 

 

Welcome to Country or Acknowledgement of Country

 

DECLARATIONS OF INTEREST IN MATTERS ON THE AGENDA

 

MATTERS FOR RECOMMENDATION TO COUNCIL

 

BUSINESS OUTSTANDING

 

 

Confirmation of Minutes

1.           Confirmation of Minutes of the Growth Infrastructure and Waste Committee No. 2023(11) of 28 November 2023

 

Recommendation

That the Minutes of the Meeting held on 28 November 2023 be confirmed.

 

 

Officers’ Reports

 

MATTERS WHICH MAY BE RESOLVED UNDER DELEGATION
(in accordance with section 257(1)(c) of the Local Government
Act 2009
, the Growth, Infrastructure and Waste Committee has
been delegated power to make decisions on behalf of Council for
decisions made under the Planning Act 2016 and the Economic Development Act 2012)

2.           Development Application (4650/2023/MCU) Recommendation - Material Change Of Use - Business Use (Cafe and Ancillary Gift Shop)

This is a report concerning an application seeking approval for a Material Change of Use - Business Use (Cafe and Ancillary Gift Shop) at 50 Beduhns Road, Haigslea QLD 4306.

The application requires determination by Council in accordance with the Framework for Development Applications and Related Activities Policy, as more than 20 properly made submissions objecting to the proposed development have been received. The application is not a Sensitive Development Matter pursuant to the Framework for Development Applications and Related Activities policy and therefore the recommendation has not been reviewed by the Independent Decision Review Panel.

The proposed development has been assessed against the applicable assessment benchmarks.  The proposed development generally complies with the assessment benchmarks or can be conditioned to comply as outlined below. For GIW Ctee only – check if this is a decision to be made under delegated power in relation to the Planning Act 2016 or Economic Development Act 2012, otherwise leave blank.

 

 

Recommendation

That Council approve Development Application No. 4650/2023/MCU, being the Material Change of Use for Business Use (Café and Ancillary Gift Shop), subject to conditions as contained in Attachment 1 of this report.

 

3.           Request to Extinguish Local Government Agreement No 701561648

For GIW Ctee only – check if this is a decision to be made under delegated power in relation to the Planning Act 2016 or Economic Development Act 2012, otherwise leave blank.

This is a report concerning the Local Government Agreement (Document Dealing Number 701561548) at 1 Chum Street, New Chum. The agreement relates to the conjoined use of the car park located on Lot 1 RP895110 and the clay product manufacturing facility on Lot 271 SP207443. Council has received a request from the landowner to cancel this Local Government Agreement.

 

Recommendation

A.           That Council consent to the cancellation and removal of the Local Government Agreement (Document Dealing Number 701561548) from the title of Lot 1 on RP895110 and Lot 271 on SP207443 at 1 Chum Street, New Chum.

B.           That a Form 18 General Consent be provided to the landowner to accompany a Form 14 General Request to remove the Local Government Agreement (Document Dealing Number 701561548).

 

 

MATTERS FOR RECOMMENDATION TO COUNCIL

4.           Strengthening Ipswich Communities Plan

This is a report concerning an update on the catalyst project of iFuture, the Strengthening Ipswich Communities Plan (the Plan).  The Plan provides an understanding of the needs for the city and help to strategically guide future investment and delivery, establishing the concept of community hub model for future Council owned community facilities. Community hubs can be thought of as either clusters of individual community facilities located closely together or singular multipurpose facilities that cater to a wide range of activities and services. This approach allows for more efficient use of land and enhances accessibility, particularly along public transport routes and other key infrastructure.

The concept of community hubs as a solution to Ipswich's needs was identified through the Council's 2021-2022 community consultation on community facility requirements.

 

Recommendation

That Council receive and note the final draft of the Strengthening Ipswich Communities Plan as outlined in Attachment 1.

 

5.           Exercise Of Delegation Report

This is a report concerning applications that have been determined by delegated authority for the period 14 November 2023 to 22 January 2024.

 

Recommendation

That the Exercise of Delegation report for the period 14 November 2023 to
22 January 2024, be received and the contents noted.

 

6.           Planning and Environment Court Action Status Report

This is a report concerning a status update with respect to current court actions associated with development planning applications.

 

Recommendation

That the Planning and Environment Court Action status report be received and the contents noted.

 

 

NOTICES OF MOTION

 

 

MATTERS ARISING


Growth Infrastructure and Waste Committee

Meeting Agenda

1 February

2024

 

Growth Infrastructure and Waste Committee NO. 2023(11)

 

28 November 2023

 

Minutes

COUNCILLORS’ ATTENDANCE:   Mayor Teresa Harding (Chairperson); Councillors Paul Tully (Deputy Chairperson), Sheila Ireland, Jacob Madsen, Marnie Doyle, Andrew Fechner, Kate Kunzelmann, Deputy Mayor Russell Milligan and Nicole Jonic

COUNCILLOR’S APOLOGIES:       Nil

 

OFFICERS’ ATTENDANCE:           Chief Executive Officer (Sonia Cooper), General Manager Planning and Regulatory Services (Brett Davey), Manager, Development Planning (Anthony Bowles), General Manager Corporate Services (Matt Smith), General Manager Community, Cultural and Economic Development (Ben Pole), General Manager Environment and Sustainability (Kaye Cavanagh), General Manager Asset and Infrastructure Services (Matt Anderson), Manager, Acting Manager, Strategy and Performance (Haiden Taylor), Community Services Manager (Melissa Dower), Property Services Manager (Alicia Rieck), Senior Property Officer Tenure (Kerry Perrett), Manager, People and Culture (Talia Love-Linay), People and Culture Senior Project Officer (Miranda Reis), Chief Financial Officer (Jeff Keech), Chief of Staff - Office of the Mayor (Melissa Fitzgerald),  Manager, Capital Program Delivery (Graeme Martin), Manager, Resource Recovery (David McAlister), Manager, Media, Communications and Engagement (Mark Strong), Senior Communications and Policy Officer (Jodie Richter), Senior Media Officer (Darrell Giles), Senior Media Officer (Lucy Stone) and Theatre Technician (Harrison  Cate)

 

 

 Acknowledgement of Country

 

Mayor Teresa Harding (Chairperson) delivered the Acknowledgement of Country

 

 

DECLARATIONS OF INTEREST IN MATTERS ON THE AGENDA

 

Nil

 

 


 

MATTERS FOR RECOMMENDATION TO COUNCIL

 

BUSINESS OUTSTANDING

 

1.           Update Report - Response to Petition Request for Sound Barrier (Redbank Motorway Estate)

On 13 July 2022 a petition was provided to Council seeking action and effective consultation in respect to the Redbank Motorway Estate and reported impacts on the nearby community of Moggill and Bellbowrie.  This petition was presented to the Council at its meeting of 25 August 2022.  This report provided an update consisting of some background to the submission, and the actions taken by Council officers in response to the submission.

An update report was presented to the Growth Infrastructure and Waste Committee in February 2023 and called for an update to be provided in six (6) months.  This is that update report.

RECOMMENDATION

Moved by Mayor Teresa Harding:

Seconded by Councillor Andrew Fechner:

A.           That the report be received and the contents noted.

B.           That Council note that formal correspondence will be provided to the submitters referencing this report. 

 

AFFIRMATIVE                    NEGATIVE

Councillors:                      Councillors:

Harding                                    Nil

Tully

Ireland

Madsen

Doyle

Fechner

Kunzelmann

Milligan

Jonic

 

The motion was put and carried.

 


 

Confirmation of Minutes

 

2.           Confirmation of Minutes of the Growth Infrastructure and Waste Committee No. 2023(10) of 9 November 2023

RECOMMENDATION

Moved by Mayor Teresa Harding:

Seconded by Councillor Andrew Fechner:

That the Minutes of the Growth, Infrastructure and Waste Committee held on 9 November 2023 be confirmed.

 

AFFIRMATIVE                    NEGATIVE

Councillors:                      Councillors:

Harding                                    Nil

Tully

Ireland

Madsen

Doyle

Fechner

Kunzelmann

Milligan

Jonic

 

The motion was put and carried.

 

Officers’ Reports

 

Matter CONSIDERED under delegation

(in accordance with section 257(1)(c) of the Local Government Act 2009, the Growth, Infrastructure and Waste Committee has been delegated power to make decisions on behalf of Council for decisions made under the Planning Act 2016 and the

Economic Development Act 2012)

 

3.           Temporary Local Planning Instrument 1/2023 - Resource Recovery and Waste Activity Regulation

This is a report concerning the adoption of the proposed Temporary Local Planning Instrument (TLPI) No. 1 of 2023 (cited as TLPI No. 1/2023) for the continued regulation of resource recovery and waste activity uses in the Swanbank/New Chum and Ebenezer/Willowbank/Jeebropilly Regulation Areas.

In accordance with the Planning Act 2016, the current TLPI 1/2021 expires on
10 December 2023.

On 20 October 2023, correspondence was received from the Deputy Premier, Minister for State Development, Infrastructure, Local Government and Planning and Minister Assisting the Premier on Olympic and Paralympic Games Infrastructure approving the making of the proposed Temporary Local Planning Instrument 1/2023 and approving the repeal of the existing TLPI upon adoption of the proposed TLPI (refer Attachment 1).

DECISION

Moved by Mayor Teresa Harding:

Seconded by Councillor Sheila Ireland:

A.           That Council adopt Temporary Local Planning Instrument No. 1 of 2023 (Resource Recovery and Waste Activity Regulation) as included in Attachment 2, with an effective date of 11 December 2023, in accordance with the provisions of section 23 of the Planning Act 2016.

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

1.   amending the relevant documents and Council databases;

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

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

 

AFFIRMATIVE                    NEGATIVE

Councillors:                      Councillors:

Harding                                    Nil

Tully

Ireland

Madsen

Doyle

Fechner

Kunzelmann

Milligan

Jonic

 

The motion was put and carried.

 


 

MATTERS FOR RECOMMENDATION TO COUNCIL

 

4.           Waste and Circular Economy Transformation Directive Program Update

This is a report providing the next regular update on the implementation of the Waste and Circular Economy Transformation Policy Directive.

RECOMMENDATION

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

Jonic

 

The motion was put and carried.

 

5.           Registration of Interest Engagement - Lease of Land to Community Group/s - 12 Mount Juillerat Drive, Augustine Heights and 79 Sierra Drive, Spring Mountain

This is a report concerning the outcomes from a Registration of Interest (ROI) for three parcels of land dedicated to Council for Community Use under the Springfield Infrastructure Plan that was recommended by the Growth, Infrastructure and Waste Committee of 9 March 2023 and adopted at the Council Ordinary Meeting of 23 March 2023.

This registration process has generated encouraging results with interest expressed by a total of 12 community groups. These groups have expressed their intention to utilise the land parcels for community purposes, highlighting the potential for positive social and community outcomes.

It has also identified environmental constraints that require careful consideration. These findings will ensure that any future developments on the land adhere to the necessary environmental regulations and promote sustainable practices.

Recommendation

That Council commence a formalised expression of interest exercise for 12 Mount Juillerat Drive, Augustine Heights (Lot 33SP283508) and 79 Sierra Drive, Spring Mountain (Lot 4007SP304382) that are dedicated to Council for community use under the Springfield Infrastructure Plan.

 

Councillor Andrew Fechner queried the wording of ‘Springfield Infrastructure Plan’ and it was confirmed that the wording should reflect ‘Springfield Infrastructure Agreement’.

RECOMMENDATION

Moved by Mayor Teresa Harding:

Seconded by Councillor Kate Kunzelmann:

That Council commence a formalised expression of interest exercise for 12 Mount Juillerat Drive, Augustine Heights (Lot 33SP283508) and 79 Sierra Drive, Spring Mountain (Lot 4007SP304382) that are dedicated to Council for community use under the Springfield Infrastructure Agreement.

AFFIRMATIVE                    NEGATIVE

Councillors:                      Councillors:

Harding                                    Nil

Tully

Ireland

Madsen

Doyle

Fechner

Kunzelmann

Milligan

Jonic

 

The motion was put and carried.

 

6.           Asset and Infrastructure Services Department Capital Delivery Report September 2023

This is a report concerning the performance of the capital delivery by the Asset and Infrastructure Services Department for the month of September 2023.

 

 

RECOMMENDATION

Moved by Mayor Teresa Harding:

Seconded by Deputy Mayor Russell Milligan:

That the report on capital delivery by the Asset and Infrastructure Services Department be received and the contents noted.

 

AFFIRMATIVE                    NEGATIVE

Councillors:                      Councillors:

Harding                                    Nil

Tully

Ireland

Madsen

Doyle

Fechner

Kunzelmann

Milligan

Jonic

 

The motion was put and carried.

 

7.           Exercise Of Delegation Report

This is a report concerning applications that have been determined by delegated authority for the period 18 October 2023 to 14 November 2023.

RECOMMENDATION

Moved by Mayor Teresa Harding:

Seconded by Councillor Kate Kunzelmann:

That the Exercise of Delegation report for the period 18 October 2023 to 14 November 2023, be received and the contents noted.

 

AFFIRMATIVE                    NEGATIVE

Councillors:                      Councillors:

Harding                                    Nil

Tully

Ireland

Madsen

Doyle

Fechner

Kunzelmann

Milligan

Jonic

 

The motion was put and carried.

 

8.           Planning and Environment Court Action Status Report

This is a report concerning a status update with respect to current court actions associated with development planning applications.

RECOMMENDATION

Moved by Mayor Teresa Harding:

Seconded by Councillor Paul Tully:

That the Planning and Environment Court Action status report be received and the contents noted.

 

AFFIRMATIVE                    NEGATIVE

Councillors:                      Councillors:

Harding                                    Nil

Tully

Ireland

Madsen

Doyle

Fechner

Kunzelmann

Milligan

Jonic

 

The motion was put and carried.

 

NOTICES OF MOTION

 

Nil

 

MATTERS ARISING

 

Nil

 

              Commencement of next meeting

RECOMMENDATION

Moved by Mayor Teresa Harding:

That the Governance and Transparency Committee commence at 10.30 am.

AFFIRMATIVE                    NEGATIVE

Councillors:                      Councillors:

Harding                                    Nil

Tully

Ireland

Madsen

Doyle

Fechner

Kunzelmann

Milligan

Jonic

 

The motion was put and carried.

 

 

PROCEDURAL MOTIONS AND FORMAL MATTERS

The meeting commenced at 9.01am.

The meeting closed at 9.53 am.

 

 

 


Growth Infrastructure and Waste Committee

Meeting Agenda

1 February

2024

 

Doc ID No: A9764553

 

ITEM:            2

SUBJECT:      Development Application (4650/2023/MCU) Recommendation - Material Change Of Use - Business Use (Cafe and Ancillary Gift Shop)

AUTHOR:      Development Planner

DATE:           12 January 2024

 

 

Executive Summary

This is a report concerning an application seeking approval for a Material Change of Use - Business Use (Cafe and Ancillary Gift Shop) at 50 Beduhns Road, Haigslea QLD 4306.

 

The application requires determination by Council in accordance with the Framework for Development Applications and Related Activities Policy, as more than 20 properly made submissions objecting to the proposed development have been received. The application is not a Sensitive Development Matter pursuant to the Framework for Development Applications and Related Activities policy and therefore the recommendation has not been reviewed by the Independent Decision Review Panel.

 

The proposed development has been assessed against the applicable assessment benchmarks.  The proposed development generally complies with the assessment benchmarks or can be conditioned to comply as outlined below.

For GIW Ctee only – check if this is a decision to be made under delegated power in relation to the Planning Act 2016 or Economic Development Act 2012, otherwise leave blank.

 

Recommendation/s

A.           That Council approve Development Application No. 4650/2023/MCU, being the Material Change of Use for Business Use (Café and Ancillary Gift Shop), subject to conditions as contained in Attachment 1 of this report.

RELATED PARTIES

 

Applicant

Baird & Hayes Surveyors and Town Planners. The primary contact is Liam Henry.

Owner

Paul Andrew Poole and Katrina Louise Poole.

Town Planning Consultant

Baird & Hayes Surveyors and Town Planners. The primary contact is Liam Henry.

ifuture Theme

Vibrant and Growing.                                        

Purpose of Report/Background

 

SITE ADDRESS:

50 Beduhns Road, HAIGSLEA QLD  4306

APPLICATION TYPE:

Material Change of Use

PROPOSAL:

Material Change of Use - Business Use (Cafe and Ancillary Gift Shop)

ZONE:

Rural C (Rural Living) Zone

OVERLAYS:

OV7A – Building Height Restriction Area 45m and OV7A – Outer Horizontal Surface RL 176.5 and OV7B – 13km Operational Airspace Buffer – Wildlife Attraction Restriction Area.

APPLICANT:

Baird & Hayes Surveyors and Town Planners

OWNER:

Mr Paul Poole and Mrs Katrina Poole

EXISTING OR PROPOSED TRADING NAMES:

Coffee By Josh

APPLICATION NO:

4650/2023/MCU

AREA:

251,800m2

REFERRAL AGENCIES:

N/A

EXISTING USE:

Single Residential

PREVIOUS RELATED APPROVALS:

N/A

DATE RECEIVED:

18 May 2023

DECISION PERIOD START DATE:

19 December 2023

EXPECTED DETERMINATION DATE:

8 February 2024

 


 

SITE LOCATION:

 

Figure 1 - Locality Map

 

Figure 2 - Site Map

SITE DETAILS AND SURROUNDING LAND USES:

 

The application is proposed over a 25.18ha irregular shaped property located between Beduhns Road and Claus Road, Haigslea. The site is currently improved by an existing Single Residential use in the south-eastern portion of the site, and a large shed and paddocks in the north-western portion utilised for equestrian and animal keeping activities. An additional structure is located approximately 7m from the Claus Road frontage taking the form of two (2) shipping containers located underneath a single awning which covers a mobile coffee food van functioning as a permanent café and ancillary gift shop operating as Coffee by Josh.

 

Beduhns Road, which is located to the east of the site and provides access to the existing Single Residential use, is identified as a Rural Street, while Claus Road to the west provides an additional access to the shed and the informal parking area for the café and is identified as a Rural Collector. As a result of the irregular shape of the property, the site is located approximately 500m north of the Claus Road/Warrego Highway intersection and approximately 315m north of the Beduhns Road/Warrego Highway intersection. The portion of Claus Road to the south of the development site has a posted speed limit of 60km/h which increases to 80km/h approximately 20m south of the property access associated with the café and ancillary gift shop. Both Claus Road and Beduhns Road are partly sealed rural roads with gravel shoulders, and it is important to mention that the width of the sealed portion of Claus Road varies depending on the distance of the road from the Warrego Highway intersection resulting in signposted restrictions on the maximum weight of vehicles which can travel on Claus Road.

 

Zone

The site is identified as being located within the Rural C (Rural Living) Zone of the Ipswich Planning Scheme 2006. The overall outcomes sought by the zone code identify that the zone caters primarily for rural living opportunities in discrete areas close to rural or urban service centres, that development results in no net increase in the number of lots within the Rural Locality, and that uses are provided with an appropriate level of service and infrastructure which reflects their rural location and character. The overall outcomes further identify that uses are designed and managed to maintain the ‘quiet’ rural residential lifestyle of these areas which are compatible with adjoining agricultural or pastoral farming activities and which maintain rural amenity.

 

Overlays

The subject site is identified as being affected by several overlays relating to defence facilities within proximity to the site, namely RAAF Base Amberley. Specifically, the overlays relate to the maximum height of structures based on separation from runways, and restrictions on uses which may attract wildlife, especially birds and bats which may cause a risk to both people and property if a vehicle strike were to occur.

 

History

On 8 March 2021, an Enforcement Notice was issued by Council in relation to an alleged non-compliance with the Planning Act 2016. The enforcement notice identified that the operation of the Café (and gift shop) was being undertaken in the absence of relevant planning and building approvals having been obtained. In response, Council was advised that the day-to-day operation of the café was to be amended to operate within the bounds of an exempt Home Based Business and that building approvals for the associated structures were in the process of being obtained.

 

A further Enforcement Notice was issued by Council on 13 April 2023 following inspections in June and July of 2022 and March and April of 2023 which confirmed that the operation of the Café was not being undertaken in accordance with the criteria to operate as a Home Based Business, and as such, the use was determined to be that of a Business Use (Café and Ancillary Gift Shop). On 18 May 2023, the applicant lodged a development application in response to the Enforcement Notice to resolve these outstanding matters.

 

PROPOSAL:

 

The applicant seeks approval for a development permit for a Material Change of Use – Business Use (Café and Ancillary Gift Shop) at 50 Beduhns Road, Haigslea.

 

Specifically, the applicant intends to remove the two (2) shipping containers and awning and construct a new 144m2 (12mx12m) shed with an affixed 72m2 (6mx12m) awning at the western extent of the property. A concrete pad is proposed to be constructed for the entirety of the shed and awning structure. The shed and awning are proposed to replace the existing shipping container and skillion roof structure from which the Café and ancillary gift shop currently operates. Ultimately, the existing coffee van will be located on the concrete pad underneath the awning in a location as far as practical from the road boundary with the remaining covered area constituting an unenclosed customer seating area. The proposed shed is to be used as gift shop which will operate ancillary to the café and provide additional enclosed storage space and customer seating areas. Although the gift shop represents a significant portion of the floor area, it is not expected that visitors will be attracted to the site purely for the purpose of attending the shop and, as such, the gift shop is determined to be ancillary only and not an independent additional Business Use.

 

Hours of Operation

The development is proposed to operate on a limited basis between the hours of 7am and 11am on Wednesday to Friday and on Saturday between the hours of 8am and 12pm. No operation is proposed to occur on Sunday to Tuesday and appropriate conditions limiting the hours of operation consistent with these times have been included in the Decision Notice to enable ongoing management and maintain the small-scale nature of the proposal.

 

Access, Vehicle Manoeuvring & Car Parking

The proposed development will retain the existing access currently provided from Claus Road to the existing informal parking areas at the western property extent. As a part of the development, the applicant proposes to undertake works to upgrade the existing site access to meet relevant Council standards and undertake works to provide a formal carpark with a flush or chip seal (minimum 150mm compacted pavement with two (2) coat bitumen seal) appropriate for all weather access and to mitigate potential dust nuisance from vehicle movements on site.

 

The proposed carpark is to provide a total of fourteen (14) parking spaces, one (1) of which is identified on the submitted plans as a PWD space. It is considered that this will provide adequate car parking spaces for both staff and customer parking associated with the use, in compliance with the requirements of the Parking Code.

 

Stormwater

Plans submitted with the application identify that roofwater captured by the proposed shed and awning is to be redirected to an existing waterway which runs north-south in a location central to the site. The proposed carpark is to be graded away from Claus Road, with run-off to be managed via sheet flow towards the east. Relevant conditions have been included in the Decision Notice to manage the treatment of stormwater and ensure that no negative impacts occur on upstream, downstream or adjoining properties.

Noise

Given the small-scale nature of the proposed use, the limited operating hours and the substantial setbacks to any existing residential uses, it is not expected that the use will generate noise at a level which would cause nuisance nor diminish the rural amenity for residents on adjoining properties. Importantly, the preparation of food and beverages is to be undertaken within the existing mobile coffee van and, as such, will be largely insulated from impacting on adjoining residential properties. Further, the gift shop is proposed to be contained within an enclosed building with minimal openings towards adjoining residential properties to limit impacts beyond site boundaries.

 

Any noise generation associated with the minor increase in local traffic expected to be generated by the use is considered negligible and will be managed onsite via the installation and ongoing management of appropriate surface treatments for the vehicle parking area and the nominated entry/exit point of the site. Conditions have been included in the Decision Notice to manage the potential noise impacts generated by the use such as the screening and enclosure of plant and equipment and the restriction on the use of noise amplification equipment and public address systems.

 

Waste Storage and Collection

As a part of the application material, the applicant has identified that waste generation from the use is expected to be limited to coffee grinds and packaging relating to pre-packaged or home-made food served from the coffee van. The applicant has identified that waste will be stored in receptacles around the customer service area during the hours of operation. Following daily trade, waste will then be collected in a waste storage bin and removed from site by the operator. Conditions have been included in the Decision Notice to ensure that waste storage areas are secured and screened to reduce the visual impact of these servicing areas and to ensure that waste is regularly removed from site to further ensure no visual impacts relating to the build-up of waste and to remove the potential for on-site odour generation.

 

Mapped Overlays

As previously identified, the development site is mapped as being affected by several overlays associated with the RAAF Base Amberley. Controls relating to these overlays restrict the height of development to ensure the safe and efficient operation of this facility. The subject site is specifically identified as being within OV7A – Building Height Restriction Area 45m, OV7A – Outer Horizontal Surface RL 176.5 and OV7B – 13km Operational Airspace Buffer – Wildlife Attraction Restriction Area. As the development maintains a single storey rise only, the building will not exceed the maximum building height for the nominated area nor is the proposal for a listed use which would have the propensity to attract wildlife (in particular birds and bats) into the operational airspace.

 

Summary

The proposal has been assessed and deemed to comply with the requirements of the Ipswich Planning Scheme 2006, the South East Queensland Regional Plan 2017 (Shaping SEQ), the State Planning Policy, part E, and the Local Government Infrastructure Plan (Part 13 of the Ipswich Planning Scheme 2006).

 

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

South East Queensland Regional Plan 2017 (ShapingSEQ)

Chapter 3, Part A: Goals, elements and strategies

Chapter 3, Part C: Sub-regional directions

Ipswich Planning Scheme  2006

Desired Environmental Outcomes and Performance Indicators (Part 3)

Rural Areas Code (Part 10) – particularly the specific outcomes for the Rural C (Rural Living) Zone (division 6)

Commercial and Industrial Code (Part 12, division 7)

Parking Code (Part 12, division 9)

Local Government Infrastructure Plan (Part 13)

 

The following are the reasons why the application was approved despite the development not complying with the following assessment benchmarks:

 

Categorising Instrument, Assessment benchmark

Reasons for approval despite non-compliance

 

Ipswich Planning Scheme 2006, Part 10 – Rural Areas, division 6 – Rural C (Rural Living) Zone, Section 10.19:

 

The following are consistent uses, use classes and other development categories in the Rural C (Rural Living) Zone …

 

(3) The following uses, use classes and other development categories are inconsistent with the outcomes sought and are not located within the Rural C (Rural Living) Zone; and constitute undesirable development which is unlikely to be approved –

 

(a)  Aviation uses, unless a helipad;

(b)  Business use, unless farm produce stall or veterinary clinic;

(c)  Carpark;

(d)  Community use, unless child care centre, community hall, emergency services depot, meeting rooms, neighbourhood centre, place of worship or school; …

 

The proposed development is identified as being a use which is inconsistent with the outcomes sought by the Rural C (Rural Living) Zone.

 

In this particular instance, the outcomes of the code are maintained by the small-scale nature of the proposed use having no material impact on adjoining residential uses and no impact on current or future agricultural uses in the zone, which can be managed through the imposition of reasonable and relevant conditions.

 

Further to this, since the adoption of the current version of the Ipswich Planning Scheme 2006, Council has introduced a policy which supports the establishment of small scale rural tourism activities, which the development has been found to comply with.

 

In this instance, it is considered appropriate to support the development despite the conflict with the relevant assessment benchmark based on the contemporary policy intent adopted by Council and the scale and nature of the proposed use.

 

 

Ipswich Planning Scheme 2006, Part 12 - Assessment Criteria for Development for a Stated Purpose or of a Stated Type, division 7 – Commercial and Industrial Code, Section 12.7.4 Effects of Development – General Commercial and Industrial Provisions:

 

Specific Outcome (2):

 

An existing dwelling on the site of a commercial or industrial use is removed prior to the commencement of the commercial or industrial use, unless –

 

(a)  The building is listed as a Character Place in Schedule 2; or

(b)  Approval has been obtained from the local government to use the building for a non-residential use.

 

 

The applicant proposes to retain the existing Single Residential use on the site. Given that the proposed café will have no detrimental impact on the existing Single Residential use (nor any adjoining residential use), it is considered unreasonable to require the removal of the existing dwelling in this instance.

 

Ipswich Planning Scheme 2006, Part 12 - Assessment Criteria for Development for a Stated Purpose or of a Stated Type, division 7 – Commercial and Industrial Code, Section 12.7.5 Effects of Development – General Commercial Provisions:

 

Specific Outcome (8):

 

(a) Buildings address the street frontage or frontages rather than being aligned at right angles or diagonal to the street.

 

 

The proposed development incorporates a shed and affixed awning which does not address the Claus Road frontage, from which it will be visible. Despite this specific outcome, it is considered that the benefit that the proposed alignment will have in so far as conserving rural amenity by locating the unenclosed customer seating areas as far as practical from the closest sensitive receiver, while still maintaining clearly distinguishable entrances, provides an outcome consistent with the identified overall outcomes of the Ipswich Planning Scheme 2006.

 

 

Ipswich Planning Scheme 2006, Part 12 – Assessment Criteria for Development for a Stated Purpose or of a Stated Type, division 9 – Parking Code, Section 12.9.4 Parking Design and Construction Standards:

 

Specific Outcome (9)(a):

 

Pedestrian Routes are separated from vehicular circulation to allow protected access for pedestrians via the shortest practical route from the parking area to the use.

 

The proposed development does not provide separate pedestrian pathways from the parking area to the proposed use as identified in the Specific Outcome. Importantly, the proposed use is of a small-scale and the associated parking area is not expected to have a high turn-over nor does the design of the carpark promote high speed vehicle movements. It is not expected that pedestrian safety when moving from the carpark to the use will be impacted by the lack of a separate pathway considering the specific factors of the application at hand.

 

 

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 impact assessment had regard to the following matters:

 

Relevant matter

Given regard to

Planning Regulation 2017, s31(1)(a)

The matters stated in Schedule 10 for the development.

Planning Regulation 2017, s31(1)(d)

i).   The regional plan for the region; and

ii).  The State Planning Policy.

Planning Regulation 2017, s31(1)(f)

Any development approval for, and any lawful use of, the premises or adjacent premises.

Planning Regulation 2017, s31(1)(g)

The common material.

 

OTHER RELEVANT MATTERS:

 

In accordance with section 45(5)(b) of the Planning Act 2016, the assessment may be carried out against, or have regard to, any other relevant matter other than a person’s personal circumstances, financial or otherwise.

 

In this instance, the assessment was undertaken having regard to the following other relevant matter:

 

·    The current relevance of the assessment benchmarks in light of changed circumstances; and

·    The Rural Tourism Development Fee Relief Policy.

 

Specifically, the Rural Tourism Development Fee Relief Policy, adopted at Council’s ordinary meeting dated 24 March 2022, indicates support for the incorporation of small-scale tourism activities into rural areas where appropriate. In this instance, and given the scale of the development, the proposal is considered consistent with the latest policy intent, and this has been considered as a relevant matter in the assessment.

 

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 has been given for roadworks totalling $10,846.25.

 

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 Schedule 2 (trunk infrastructure network charges).

Legal IMPLICATIONS

 

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

 

•       Planning Act 2016;

•       Planning Regulation 2017;

·        State Planning Policy;

·        ShapingSEQ;

•       Ipswich Planning Scheme 2006;

•       Ipswich Adopted Infrastructure Charges Resolution (No. 1) 2023; and

•       Ipswich Local Government Infrastructure Plan.

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.


 

Financial/RESOURCE IMPLICATIONS

 

There are no financial or resource implications associated with this report.

COMMUNITY and OTHER CONSULTATION

 

PUBLIC NOTIFICATION

Public notification of this application was undertaken pursuant to the Planning Act 2016.  The applicant undertook public notification from 9 November 2023 to 30 November 2023 for a period of fifteen (15) business days. Council received twenty-nine (29) properly made submissions. A summary of the matters raised in the submissions include:

 

Matter raised

How matters were dealt with in reaching a decision

Land Use

 

The proposed development conflicts with the Overall Outcomes for the Rural C (Rural Living) Zone (Part 10, division 6 of the Ipswich Planning Scheme 2006) in that the development will have a negative impact on the rural amenity of residents living in proximity to the use.

 

Although the proposed development is not representative of a rural living opportunity as envisaged by the zone code, the small scale nature of the proposed Business Use (Café and Ancillary Gift Shop) will have limited material impact on adjoining land which will be further managed by conditions included in the decision notice which limit the hours of operation, and seek to manage the ongoing operation of the use.

 

The adoption of the Ipswich City Council ‘Rural Tourism Development Fee Relief Policy’ further encourages this type of small-scale, rural tourism activity.

 

It is considered that the development is a suitable small-scale use of the site which will not have a detrimental amenity impact, subject to compliance with the conditions imposed.

The proposed development will result in additional visual clutter on the Claus Road frontage by way of advertising and marketing material.

 

A minor change was made to the proposed development prior to the public notification process to amend the built form of the use to be commensurate with that of a rural shed with an affixed awning, under which the coffee van is to be parked. Additional plan mark-ups have been included to further reduce the visibility of outdoor customer areas and subsequently reduce the impact on adjoining properties and road users. Given the low-rise nature of the proposed shed, the setback proposed will not result in the built form dominating the streetscape and conditions requiring further vegetation to reduce the visual impact of parking areas have been incorporated.

 

Advertising and marketing material visible from the front boundary may be subject to additional Operational Works approvals for Advertising Devices. An advice note has been included in the decision package to notify the applicant that where advertising devices do not meet the exempt criteria set out in Schedule 9 of the Ipswich Planning Scheme 2006, such signage would be subject to a separate planning approval.

The development will have the potential to change the zoning of the property.

 

The applicant has not proposed to amend the zoning of the subject site nor the zoning of surrounding land.  Any future application over the subject site or other land within the local area would be subject to an additional and separate development assessment process.

Traffic and carparking

The proposed development will result in an exacerbation of issues relating to the usage of Claus Road (i.e., congestion, dust generation,  queueing and parking/overtaking on the road shoulder).

 

Given the small scale nature of the proposed development, a minor increase in the number of vehicles utilising Claus Road between the hours of operation only is expected. This minor increase is not expected to have a significant impact on the safety of road users travelling on Claus Road. This is due to the position of the development site allowing for significant sightlines to both the north and south to enable both vehicles exiting the site to see approaching vehicles but also allowing road users to see vehicles slowing to enter the subject site.

 

As a part of the proposal, the applicant is to provide a sealed carpark to the north of the proposed use containing fourteen (14) parking spaces in total, including one (1) PWD space to service the development. This on-site parking provision is expected to fully service the parking demands of the proposal and not result in additional on-street parking on Claus Road.

 

Matters raised in the submission regarding safety largely relate to the existing construction standard of Claus Road.  It is considered, given the small scale nature of the proposal and the limited operating hours, any condition requiring the upgrading of the road in association with the development would be unreasonable and therefore could not be lawfully imposed.

 

Appropriate access and car parking conditions have been included in the decision notice to ensure a sealed parking area and a Council compliant crossover, as well as to regulate the size of vehicles which may access the development.

Noise

The proposed development will generate additional noise as a result of day-to-day operation of the proposed use.

 

Given the small-scale nature of the proposed use, the limited operating hours and the substantial setbacks to any existing residential uses, it is not expected that the use will generate noise at a level which would cause nuisance nor diminish the rural amenity for residents on adjoining properties.

 

The proposed use is largely screened from adjoining residential uses or setback from nearby sensitive receivers. Noise generation as a result of the operation of the coffee van will be mitigated as this operation occurs within a partly enclosed space and the gift shop operation is wholly enclosed.

 

Noise associated with vehicle movements will be managed by the construction and ongoing management of sealed parking areas.

 

Conditions have been included in the Decision Notice to manage the potential noise impacts generated by the use such as the screening and enclosure of plant and equipment and the restriction on the use of noise amplification equipment and public address systems.

Public Notification

The public notice available via Council’s Development.i website is deceptive as it identifies several additional properties which are not relevant to the application and identifies the subject site as 50 Beduhns Road when it is advertised as operating from 47 Claus Road.

Council’s Development.i website identifies a total of four (4) associated properties for the application due to historic property data. This is a Council system issue and Council has been working with software providers in an attempt to have this data removed. It is noted that despite this, the application material submitted correctly identifies the property address as 50 Beduhns Road, Haigslea only, and the lot and plan descriptions on Development.i are correct. Whilst it is acknowledged that signage has been installed on the Claus Road frontage which identifies an alternative address, this is not formally recognised and therefore the notification of the application has been undertaken consistent with the requirements of the DA Rules.

The applicant has not directly notified adjoining landowners.

The applicant has provided photographic evidence identifying that adjoining property owners were contacted in relation to the application via registered prepaid ExpressPost which tracking has shown was delivered prior to the commencement of the Public Notification part in accordance with the requirements of the DA Rules and Section 53 of the Planning Act 2016. Council has not been informed by an adjoining property owner to advise that they were not directly notified in accordance with the relevant requirements, and it is noted that this matter may have been raised based on a misunderstanding of the definition of an ‘adjoining property’ given that the submitter who has raised this matter is separated by a road from the subject site.

 

Amenity Impacts

Location of toilet facilities servicing the café will/does impact on adjoining properties by way of odour generation.

Further development permits are required for the toilet facilities to ensure that they are installed and managed in compliance with legislative standards.  If installed and managed correctly, no odour should be released, and conditions have been included to require this.

The proposed development will generate additional litter.

 

Appropriate conditions have been included to provide for suitable waste storage and collection arrangements for the development.  It is not possible to regulate the behaviours of customers departing the use/development and should littering occur it will need to be managed separately by the relevant authorities.

The proposed development will conflict with other uses on property, namely the keeping of animals in close proximity food and drink preparation areas.

 

The proposed use will be subject to food licencing by Council prior to lawful operation which will ensure safe and hygienic conditions are in place to operate the use.

 

A further two (2) matters were identified in the submission material relating to unlawful uses on the site and the attendance of creditors and their usage of noise projecting equipment, however, these matters do not relate to the application at hand and as such have not been addressed in the table above.

 

INTERNAL CONSULTATION

 

Upon preliminary review of the application, it was determined that the application and common material required internal referral to the Engineering, Health and Environment Branch, primarily owing to the proposal creating a new commercial use involving both the creation of carparking areas and reducing permeable surfaces on site.

 

Additional information was requested from Council’s Engineering Planning Branch in relation to the surface treatment of the proposed car parking areas and further details on the stormwater impact of the development at a site level. The applicant provided a response to Council’s information request which addressed these items and was reviewed by the relevant officer. The officer was satisfied that the response provided appropriately addressed the concerns that were raised and notified the responsible planning officer that the application may proceed subject to reasonable and relevant conditions.

 

Upon production of the Decision Notice, conditions relating to relevant engineering standards were reviewed by a Principal Development Engineer prior to finalisation. These conditions have been incorporated into the final Decision Notice recommended for approval.

Conclusion

 

An assessment of the proposed Material Change of Use - Business Use (Cafe and Ancillary Gift Shop) at 50 Beduhns Road, Haigslea QLD 4306 has been undertaken and it has been determined that the proposed development generally complies with the assessment benchmarks or can be conditioned to comply as outlined in the attached Statement of Reasons.  It is therefore recommended that this development application be decided in accordance with the recommendations and attachments of this report.

HUMAN RIGHTS IMPLICATIONS

 

HUMAN RIGHTS IMPACTS

OTHER DECISION

 

 

(a)  What is the Act/Decision being made?

Decision to approve Development Application number 4650/2023/MCU.

 

(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):

 

29 ‘properly made’ submissions were received during the public notification period for the application and therefore Council has an obligation to consider human rights in relation to the submitters. The submitters 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.

(c)  How are the human rights limited?

Not applicable.

 

(d) Is there a good reason for limiting the relevant rights? Is the limitation fair and reasonable?

Not Applicable.

 

(e)  Conclusion

The decision is consistent with human rights.

 

Attachments and Confidential Background Papers

 

1.

4650/2023/MCU Decision Notice Approval (DRAFT) (under separate cover)  

2.

4650/2023/MCU Approved Plans (DRAFT) (under separate cover)  

3.

4650/2023/MCU Statement of Reasons (DRAFT) (under separate cover)  

4.

4650/2023/MCU Infrastructure Charges Notice (DRAFT) (under separate cover)  

 

 

Lachlan Mossom

Development Planner

I concur with the recommendations contained in this report.

Mitchell Grant

Development Assessment Central Manager

I concur with the recommendations contained in this report.

Greg Potter

Manager, Development Planning

I concur with the recommendations contained in this report.

Brett Davey

General Manager Planning and Regulatory Services

 

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

 


Growth Infrastructure and Waste Committee

Meeting Agenda

1 February

2024

 

 

Doc ID No: A9746243

 

ITEM:            3

SUBJECT:      Request to Extinguish Local Government Agreement No 701561648

AUTHOR:      Development Planning Services Manager

DATE:           9 January 2024

 

 

Executive Summary

For GIW Ctee only – check if this is a decision to be made under delegated power in relation to the Planning Act 2016 or Economic Development Act 2012, otherwise leave blank.

This is a report concerning the Local Government Agreement (Document Dealing Number 701561548) at 1 Chum Street, New Chum. The agreement relates to the conjoined use of the car park located on Lot 1 RP895110 and the clay product manufacturing facility on Lot 271 SP207443. Council has received a request from the landowner to cancel this Local Government Agreement.

Recommendation/s

A.           That Council consent to the cancellation and removal of the Local Government Agreement (Document Dealing Number 701561548) from the title of Lot 1 on RP895110 and Lot 271 on SP207443 at 1 Chum Street, New Chum.

B.           That a Form 18 General Consent be provided to the landowner to accompany a Form 14 General Request to remove the Local Government Agreement (Document Dealing Number 701561548).

RELATED PARTIES

Property owner – QLD Property Group

Surveying consultant – Bennett and Bennett Pty Ltd

ifuture Theme

Vibrant and Growing

Purpose of Report/Background

 

Council has received a request from the property owner of Lot 1 RP895110 and Lot 271 SP207443 at 1 Chum Street, New Chum to cancel and remove a Local Government Agreement that encumbers both sites. The effect of the Agreement is to allow the conjoint use of the two parcels for the purposes of providing car parking for the clay product manufacturing facility. The agreement requires both properties to remain in common ownership and is binding on successors in title. The owner of both properties has stated that the car park is redundant, and the agreement is no longer required. Figure 1 – Location Plan (below) identifies the properties subject to the agreement and the location of the car park.

 

Figure 1 – Location Plan

 

A timeline of the approval history is as follows;

 

1.    21 September 1989, 48-1753-0001-41 - Council issued a conditional consent associated with the establishment of a temporary concrete batching plant.

2.    24 May 1993, 35/1993 – Council issued a conditional consent permit associated with a clay manufacturing shed.

3.    4 May 1994, 129/1994 – Council issued a conditional approval associated with the subdivision of 32 parcels into 5 parcels.

4.    9 February 1995, 565/1994 – Council issued a conditional consent approval with the erection of a clay storage and grinding shed.

5.    14 July 1995, 116/95 – Council issued a conditional approval for rezoning and column 3B application associated with rezoning the land from the ‘Non-Urban’ zone to the ‘Special Facilities’ zone (Carpark and Extractive Industries).  

6.    19 June 2000, 350/2000/ID – Council issued a Development permit for building works and development permit for MCU for premises associated with the manufacturing of clay products.

 

The local government agreement was a conditioned requirement of rezoning permit 116/95. Prior to the agreement being established, the clay product manufacturing facility had adequate parking on the site itself. The rezoning permit and the relocation of the car park to the site opposite the existing facility allowed for the original car park to be utilised for product storage. Figure 2 (565/1994 approved plan extract) shows the location of the original carpark.

 

Figure 2 (565/1994 approved plan extract)

 

The use of both sites has ceased recently, however, the approvals have not been abandoned. The clay product manufacturing facility could be recommissioned under the permit 35/1993. If this were to occur, the permit 35/1993 requires the establishment of 64 car parking spaces. The original car parking area created under this permit is currently vacant and could be utilised for this purpose again without the need for the parking area on the opposite site (1 RP895110). There still remains a large storage area which was suitable for the operation of the facility for several years before the additional parking facility was created.

 

The concept of a conjoint use or local government agreement no longer exists under the planning legislation that followed the Local Government (Planning and Environment) Act 1990. However, the Land Titles Practice Manual provides guidance on the cancellation and removal of a local government agreement.

 

Having considered the current circumstances, as well as the conditions that remain on the existing approvals, it is considered that there is minimal risk to Council if the agreement was cancelled and removed.

Legal IMPLICATIONS

 

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

Planning Act 2016

policy implications

 

None

RISK MANAGEMENT IMPLICATIONS

If the local government agreement is not cancelled, the owners of Lot 1 RP895110 are unable to use the land for another purpose while the property of Lot 271 SP207443 is under the same ownership. The car parking use on Lot 1 RP895100 is now redundant and the land is suitable for an alternate use (which would be subject to a future MCU application).

If the local government agreement is cancelled and the use of the site is recommenced under the existing historic consent approvals, there is sufficient vacant space on Lot 271 SP207443 to allow for the car parking required to comply with the approval conditions.

Financial/RESOURCE IMPLICATIONS

None

COMMUNITY and OTHER CONSULTATION

There has been no community consultation. The property owner has been reminded of the obligations of the historic consent approvals with respect to carparking and has acknowledged that recommencement of these uses would require the formalisation of the former car parking area on Lot 271 SP207443.

Conclusion

It is considered that the Local Government Agreement (Document Dealing Number 701561548) on the title of Lot 1 on RP895110 and Lot 271 on SP207443 at 1 Chum Street, New Chum is no longer required and can be removed and cancelled.


 

HUMAN RIGHTS IMPLICATIONS

 

HUMAN RIGHTS IMPACTS

OTHER DECISION

 

 

(a)  What is the Act/Decision being made?

Planning Act 2016 –

That Council consent to the cancellation and removal of the Local Government Agreement (Document Dealing Number 701561548) from the title of Lot 1 on RP895110 and Lot 271 on SP207443 at 1 Chum Street, New Chum.

That Council permits Development Planning officers to endorse a Form 18 General Consent on behalf of the Council to accompany the lodgement of a Form 14 General Request by the landowner to remove the Local Government Agreement (Document Dealing Number 701561548).

(b) What human rights are affected?

Not applicable

 

(c)  How are the human rights limited?

Not Applicable

 

(d) Is there a good reason for limiting the relevant rights? Is the limitation fair and reasonable?

Not Applicable

 

(e)  Conclusion

The decision is consistent with human rights.

 

 

Anthony Bowles

Development Planning Services Manager

I concur with the recommendations contained in this report.

Brett Davey

General Manager Planning and Regulatory Services

I concur with the recommendations contained in this report.

Greg Potter

Manager, Development Planning

 

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

 


Growth Infrastructure and Waste Committee

Meeting Agenda

1 February

2024

 

Doc ID No: A9703048

 

ITEM:            4

SUBJECT:      Strengthening Ipswich Communities Plan

AUTHOR:      Senior Planning Officer (Strategic)

DATE:           15 December 2023

 

 

Executive Summary

 

This is a report concerning an update on the catalyst project of iFuture, the Strengthening Ipswich Communities Plan (the Plan).  The Plan provides an understanding of the needs for the city and help to strategically guide future investment and delivery, establishing the concept of community hub model for future Council owned community facilities. Community hubs can be thought of as either clusters of individual community facilities located closely together or singular multipurpose facilities that cater to a wide range of activities and services. This approach allows for more efficient use of land and enhances accessibility, particularly along public transport routes and other key infrastructure.

The concept of community hubs as a solution to Ipswich's needs was identified through the Council's 2021-2022 community consultation on community facility requirements.

Recommendation/s

That Council receive and note the final draft of the Strengthening Ipswich Communities Plan as outlined in Attachment 1.

RELATED PARTIES

There are no discernible related party conflicts of interest associated with this report and its recommendation.

ifuture Theme

Vibrant and Growing

Purpose of Report/Background

The Strengthening Ipswich Communities Plan (SICP) is a strategic level document that outlines a community facilities network vision for the City of Ipswich over the next 20+ years. Its primary focus is to identify the necessary community hubs and their optimal locations, while considering the evolving social infrastructure needs of both the City as a whole and its various local areas. By taking a holistic approach, the SICP recognizes the integral role that community facilities play in fostering vibrant neighbourhoods and enhancing overall quality of life.

The Strengthening Ipswich Communities Plan (SICP) is a catalyst project outlined in iFuture, serving as a foundation for future community facilities development in the City. Positioned within a 20-year social infrastructure planning framework, the SICP acts as a guiding document, delineating the path for the provision of community facilities and services that align with the present and future needs of residents.

This comprehensive plan largely references the Local Government Infrastructure Plan (LGIP) to determine land requirements for community facilities in burgeoning areas. While the LGIP primarily addresses land acquisition, translating into facility provision, it is crucial to note that the SICP may seek outcomes not facilitated by the LGIP. Furthermore, both the LGIP and the SICP may necessitate capital investment beyond what can be covered through infrastructure charges, noting that these infrastructure charges are only able to be used for the acquisition of land for community facilities, not including the facilities themselves.

In areas of Ipswich with low or limited growth potential, substantial LGIP assets might be absent. However, even in established areas with constrained growth, strategic asset gaps may exist, emphasizing the need for social infrastructure investments to ensure equitable and liveable outcomes for all communities.

The SICP is developed as a 20-year plan and prioritization framework that achieves several key objectives. It balances the community facility needs of both established and emerging areas through a robust prioritization approach. Simultaneously, it provides the groundwork for the adoption of a community hub model, allowing for the planning of spaces that facilitate targeted, grouped services and activities crucial for bolstering or sustaining liveable communities. Consequently, the SICP aims to minimize current liveability issues and prevent future challenges by ensuring the availability of spaces, services, and activities that foster social connection and community well-being in a considered manner.

As a strategic level plan, there remains a need for additional detailed work to occur for the implementation of the strategies within the plan. This work will largely be driven in the facility planning and management space, utilising the SICP as a guiding document.

Legal IMPLICATIONS

 

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

Not Applicable

policy implications

 

There are no discernible policy implications associated with this report and its recommendation. The Strengthening Ipswich Communities Plan aligns with, and supports, the Local Government Infrastructure Plan 2024 and once adopted can be used to guide the design and provisioning of future community assets, including investment decisions and prioritisation.

RISK MANAGEMENT IMPLICATIONS

A risk to Council exists should the strategies in the plan not be adhered to, potentially resulting in wasteful and over expenditure on future community facilities.

Financial/RESOURCE IMPLICATIONS

There are no additional finance and resource implications associated with the Strengthening Ipswich Communities Plan. The financial implications have been largely considered as part of the financial sustainability assessment carried out through the drafting of the new Local Government Infrastructure Plan (LGIP) and through operational budgeting is the asset management and delivery teams. Once adopted the SICP will be a guiding document for the prioritisation and expenditure of investments, and consideration in future budgets.

COMMUNITY and OTHER CONSULTATION

The process of preparing draft Strengthening Ipswich Communities Plan has included an involved public consultation process, which concluded on 5 October 2022. Through the engagement process, 494 contributions were received.  A summary of the consultation process has been included below, detailing the two phased approach: 

Phase 1. September 2021 – February 2022 

·    Understand how the community currently interacts with existing facilities and services. 

·    Identify cohort-specific concerns, needs and aspirations for council-supported facilities and services now and in five (5) years’ time.

·    Build community awareness of Ipswich’s existing council facilities and gather community suggestions on how facilities could be improved to meet future demands. 

Phase 2.  June 2022 – September 2022

·    Report back findings from phase 1 to the community.

·    Explore community preferences on the purpose and functions of “community hubs” in the future.

Findings

Phase 1.

1. There is strong support for Community hubs that are: safe and inclusive, shared resources, local, accessible, equitable and able to respond to a variety of needs.

2. The Ipswich community currently use and value a variety of arts and cultural related facilities and experiences. Common sentiments expressed by the community in relation to these spaces were: interactive, experiential, engaging, collaborative, accessible and affordable. Activities that are currently popular and that could potentially operate in a community hub model include (but are not limited to): playgroups, special interest groups, volunteering, community building, training and education, dance, indoor sports, theatre, performance and the arts. 

3. The Ipswich community currently use, and value, open green spaces where they can gather and socialise with family and friends. Feedback received from the community in relation to these spaces was they would like them to be safe, well-maintained, accessible across the ages, and places where people can be active, with an emphasis on retaining natural bushland for recreation.

Phase 2.

Phase 2 engagement explored in more detail the concept of Community hubs and what they could look like across the city.  The key themes that emerged in the community feedback received by the Community engagement team were:

·  Community feel that the primary function for Community hubs is to build community connection.

·  Community hubs need to be inclusive and accessible.

·  Important to make the most of existing facilities and share resources across institutions and organisations.

Conclusion

 

The report provides an update on the Strengthening Ipswich Communities Plan as a catalyst project under iFuture. The Plan seeks to inform and align with other internal planning efforts within the Council. It acknowledges that decisions relating to built form, social well-being, and economic outcomes are interconnected and influence each other. By integrating the SICP with these broader planning frameworks, Council can ensure that its infrastructure investments and development decisions are well-coordinated, maximising their impact and delivering sustainable long-term benefits for the City of Ipswich, and will assist in informing the future design and implementation phase for such infrastructure.

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.

Strengthening Ipswich Communities Plan

 

 

Andrew Parison

Senior Planning Officer (Strategic)

I concur with the recommendations contained in this report.

Garath Wilson

Strategic Planning Manager


 

I concur with the recommendations contained in this report.

Brett Davey

General Manager Planning and Regulatory Services

 

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

 


Growth Infrastructure and Waste Committee

Meeting Agenda

1 February

2024

Item 4 / Attachment 1.
















































Growth Infrastructure and Waste Committee

Meeting Agenda

1 February

2024

 

Doc ID No: A9801264

 

ITEM:            5

SUBJECT:      Exercise Of Delegation Report

AUTHOR:      Manager, Development Planning

DATE:           22 January 2024

 

Executive Summary

This is a report concerning applications that have been determined by delegated authority for the period 14 November 2023 to 22 January 2024.

Recommendation

That the Exercise of Delegation report for the period 14 November 2023 to
22
January 2024, be received and the contents noted.

RELATED PARTIES

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

IFUTURE Theme

 

A Trusted and Leading Organisation

Purpose of Report/Background

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

 

·    Approval of Plans for Springfield

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

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

·    Implementation of the Planning and Development Program

·    Exercise the Powers of Council under the Planning Act 2016

Legal/Policy Basis

 

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

Local Government Act 2009

Planning Act 2016

Economic Development Act 2012

RISK MANAGEMENT IMPLICATIONS

There are no risk management implications associated with this report.

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.

Financial/RESOURCE IMPLICATIONS

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

COMMUNITY and OTHER CONSULTATION

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

Conclusion

The Planning and Regulatory Services Department is responsible for the assessment and determination of development applications.  Attachment 1 to this report provides a list of development applications that were determined by delegated authority for the period
14 November 2023 to 22 January 2024.

Attachments and Confidential Background Papers

 

1.

Exercise Of Delegation Report

 

 

Greg Potter

Manager, Development Planning

I concur with the recommendations contained in this report.

Brett Davey

General Manager Planning and Regulatory Services


 

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

 


Growth Infrastructure and Waste Committee

Meeting Agenda

1 February

2024

Item 5 / Attachment 1.
























Growth Infrastructure and Waste Committee

Meeting Agenda

1 February

2024

 

Doc ID No: A9801293

 

ITEM:            6

SUBJECT:      Planning and Environment Court Action Status Report

AUTHOR:      Manager, Development Planning

DATE:           22 January 2024

 

Executive Summary

This is a report concerning a status update with respect to current court actions associated with development planning applications.

Recommendation

That the Planning and Environment Court Action status report be received and the contents noted.

RELATED PARTIES

 

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

IFuture Theme

 

Vibrant and Growing

Safe, Inclusive and Creative

Natural and Sustainable

A Trusted and Leading Organisation

DISCUSSION

Whilst this report outlines a specific list of development application related court actions, from time to time, Council will be engaged in prosecutions relating to development offences and other matters.  Owing to the nature of these prosecutions, these matters are not generally listed in the attached court action report.  However substantial matters will be presented to the Growth, Infrastructure and Waste Committee using this report from time to time.

Further information on these appeals can be found on the Planning and Environment Court web site. 

 

 

 

Legal/Policy Basis

 

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

Local Government Act 2009          

Planning Act 2016

Planning and Environment Court Act 2016

RISK MANAGEMENT IMPLICATIONS

There are no risk management implications associated with this report.

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.

 

Financial/RESOURCE IMPLICATIONS

N/A

COMMUNITY and OTHER CONSULTATION

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

Conclusion

The Planning and Regulatory Services Department are currently involved with several Planning and Environment Court and Supreme Court matters.  Attachment 1 to this report provides a current status with respect to these matters.

Attachments and Confidential Background Papers

 

1.

Planning and Environment Court Action Status Report

 

 

Greg Potter

Manager, Development Planning

 

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

 


Growth Infrastructure and Waste Committee

Meeting Agenda

1 February

2024

Item 6 / Attachment 1.