Agenda of Growth Infrastructure and Waste Committee

Item No.	Item Title	Page No.
	Confirmation of Minutes
1	Confirmation of Minutes of the Growth Infrastructure and Waste Committee No. 2022(10) of 10 November 2022	9
	Officers’ Reports
	MATTERS TO 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)
	Nil
	MATTERS FOR RECOMMENDATION TO COUNCIL
2	Renewal of Liquid Petroleum Gas (LPG) for Bundamba and Goodna Aquatic Centres	19
3	**Future Ripley Road corridor upgrade between Cunningham Highway and Centenary Highway Ripley	23
4	**Potential Sale of Swifts Sports Club located over part of 95A Brisbane Road, Booval	27
5	Concept Design Master Plan - Tallegalla Cemetery	81
6	Infrastructure and Environment Department Capital Delivery Report October 2022	86
7	Exercise Of Delegation Report	103
8	Planning and Environment Court Action Status Report	117
	Notices of Motion
	Matters Arising

Growth Infrastructure and Waste Committee NO. 11

29 November 2022

AGENDA

Welcome to Country or Acknowledgement of Country

DECLARATIONS OF INTEREST IN MATTERS ON THE AGENDA

BUSINESS OUTSTANDING

Confirmation of Minutes

1. Confirmation of Minutes of the Growth Infrastructure and Waste Committee No. 2022(10) of 10 November 2022

Recommendation

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

Officers’ Reports

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

This is a report concerning the renewal of the supply agreement for Liquid Petroleum Gas (LPG) for the Bundamba and Goodna Aquatic Centres with Origin Energy Retail Ltd to enable continuity of gas supply to these facilities. Leichhardt Aquatic Centre is replacing the current gas heater to an electric heater and is no longer part of this arrangement.

This report recommends that Council resolve that the exception under section 235(b) of the Local Government Regulation 2012 applies and that Council proceeds with the engagement of Origin Energy Retail Ltd to provide LPG Sale and Supply Agreements for Bundamba and Goodna Aquatic Centres for two (2) years.

The estimated sum for this period is two hundred and seventy-five thousand dollars ($275,000) excluding GST for the two sites.

Recommendation

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

(a) The number of suppliers for heating LPG is limited.

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

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

B. That Council enter into a supply agreement with Origin Energy Retail Ltd for the provision of the LPG sale and supply agreement for Bundamba, and Goodna Aquatic Centres for a period of two (2) years for the estimated sum of two hundred and seventy five thousand dollars ($275,000) excluding GST.

3. **Future Ripley Road corridor upgrade between Cunningham Highway and Centenary Highway Ripley

This is a report seeking confirmation from Council to commence the planning for the acquisition of the Ripley Road ultimate road corridor, from approximately Fischer Road to the Centenary Highway.

Recommendation

That the report be received and the contents noted.

4. **Potential Sale of Swifts Sports Club located over part of 95A Brisbane Road, Booval

This is a report concerning the potential sale of part of freehold land located at 95A Brisbane Road, Booval, described as part of Lot 169 on RP24111 to the existing Lessee, Swifts Leagues Club Ltd.

Recommendation

A. That pursuant to section 236(2) of the Local Government Regulation 2012 (Regulation), Council resolve that the exception at section 236(1)(b)(ii) of the Regulation applies to the disposal of surplus land at 95A Brisbane Road, Booval more particularly described as part of Lot 169 and Plan RP24111, (Council file reference number L-1274), because the disposal will be to a community organisation.

B. That Council enter a contractual arrangement with Swifts Leagues Club Ltd at an expected sale price of $1,370,000 excluding GST, payable to Council.

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

5. Concept Design Master Plan - Tallegalla Cemetery

This is a report concerning the development of a concept design master plan for the Tallegalla Cemetery. Master planning is an integral component to ensuring that Council will achieve the most suitable use of the site, adequate inventory management, as well as informing capital works planning.

Recommendation

That the Tallegalla Cemetery concept design master plan (included as Attachment 2) be approved.

6. Infrastructure and Environment Department Capital Delivery Report October 2022

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

Recommendation

That the report be received and the contents noted.

7. Exercise Of Delegation Report

This is a report concerning applications that have been determined by delegated authority for the period 24 October 2022 to 15 November 2022.

Recommendation

That the Exercise of Delegation report for the period 24 October 2022 to 15 November 2022, be received and the contents noted.

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

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

29 November

2022

Growth Infrastructure and Waste Committee NO. 2022(10)

10 November 2022

Minutes

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

COUNCILLOR’S APOLOGIES: Nil

OFFICERS’ ATTENDANCE: Chief Executive Officer (Sonia Cooper), General Manager Planning and Regulatory Services (Peter Tabulo), Manager, City Design (Brett Davey), General Manager Infrastructure and Environment (Sean Madigan), Manager, Executive Services (Wade Wilson), General Manager Corporate Services (Matt Smith), General Manager Community, Cultural and Economic Development (Ben Pole), Chief Financial Officer (Jeff Keech), Manager, Compliance (Alisha Connaughton), Manager, Environment and Sustainability (Kaye Cavanagh), Acting Manager, Development Planning (Mitchell Grant), Senior Digital Media and Content Manager (Jodie Richter), Manager Capital Program Delivery (Graeme Martin), Chief of Staff, Office of the Mayor (Melissa Fitzgerald) and Theatre Technician (Harrison Cate)

WELCOME TO COUNTRY/ACKNOWLEDGEMENT OF COUNTRY

Mayor Teresa Harding (Chairperson) invited Councillor Kate Kunzelmann to deliver Acknowledgement of Country

DECLARATIONS OF INTEREST IN MATTERS ON THE AGENDA

In accordance with section 150EQ of the Local Government Act 2009, Councillor Paul Tully informed the meeting that he has a declarable conflict of interest in Item 3 of the Growth Infrastructure and Waste Committee titled Ipswich General Cemetery Heritage Project Final Concept Design.

The nature of the interest is that Councillor Tully is a trustee of the Goodna Cemetery Trust appointed by the Governor in Council.

Councillor Paul Tully invited the other councillors to determine if he can continue to participate in the decision process.

Councillor Marnie Doyle left the meeting at 9.03 am.

Councillor Marnie Doyle returned to the meeting at 9.04 am.

It was moved by Mayor Teresa Harding and seconded by Councillor Kate Kunzelmann that Councillor Paul Tully does not have a declarable conflict of interest in the matter because there is no personal or financial benefit to the councillor and therefore a reasonable person would trust that the final decision is made in the public interest.

The eligible councillors present at the meeting decided that Councillor Paul Tully may participate in the meeting in relation to the matter, including by voting on the matter.

AFFIRMATIVE NEGATIVE

Councillors: Councillors:

Harding Nil

Ireland

Madsen

Doyle

Fechner

Kunzelmann

Milligan

Jonic

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

The motion was put and carried.

BUSINESS OUTSTANDING

Nil

MATTERS 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)

There were no decisions made under delegation at this meeting.

MATTERS FOR RECOMMENDATION TO COUNCIL

The following matters have been recommended to Council

1. Updated Heritage Study to Assist and Inform the New Ipswich Planning Scheme

At its meeting of 29 September 2022, Council resolved:

A.        That a report be prepared which:

1.     Provides an overview of what has been done to date with the draft scheme, to afford protection to character properties in Ipswich.

2.      Provides a summary of additional options that may be considered, including major amendments to the new scheme to better address character protection.

3.      Provides details regarding the scope, timing and cost of the work required to implement major amendments to the new scheme, in particular, including a heritage study, planning scheme amendment pack and an engagement program to both expand our protection and ‘plug gaps’.

4.      Discusses the option of including significant amendments which will afford greater protection to character properties in Ipswich, in the current program for the draft scheme, particularly the potential impacts of this work on the planning scheme program.

5.   Taking into consideration the costs, and length of time likely required to implement significant amendments to the new planning scheme, what interim measures are available to council if any, to afford greater protection to character properties, that are identified as ‘vulnerable’ to demolition or removal under the existing planning scheme.

B.        That the report be presented to a future meeting of the Growth, Infrastructure and Waste Committee, no later than the November 2022 meeting of that committee.

C. Provide a workshop to Councillors in early 2023, with a view to formulating Council’s position and approach to incorporating major amendments and significant amendments to the new scheme, so that adequate resourcing and budget can be addressed.

This report addresses parts A and B of that notice of motion.

RECOMMENDATION

Moved by Councillor Marnie Doyle:

Seconded by Councillor Paul Tully:

It is recommended that the report be received and noted.

Councillor Paul Tully proposed the following variation to the motion:

That the following words be included at the end of the recommendation:

"including a review of the assessment criteria in respect of development applications involving Schedule 3 listings.

The mover of the original motion agreed to the proposed variation.

Councillor Marnie Doyle proposed a further variation to the motion:

That Recommendation C of the Executive Summary become a formal recommendation with the inclusion of additional wording as follows:

That a workshop be provided to Councillors in early 2023, with a view to formulating Council’s position and approach to incorporating major amendments and significant amendments to the new scheme, so that adequate resourcing and budget can be addressed and the workshop to also include a discussion on interim and ongoing protection measures under the existing scheme available to Council.

The seconder of the original motion agreed to the proposed further variation.

Councillor Paul Tully proposed that the proposed variations by himself and Councillor Doyle become Recommendations A, B and C as follows:

A. That the report be received and noted.

B. That a workshop be provided to Councillors in early 2023, with a view to formulating Council’s position and approach to incorporating major amendments and significant amendments to the new scheme, so that adequate resourcing and budget can be addressed and the workshop to also include a discussion on interim and ongoing protection measures under the existing scheme available to Council.

C. That the workshop also consider a review of the assessment criteria in respect of development applications involving Schedule 3 listings.

The mover and seconder agreed to the proposed variations.

RECOMMENDATION

Moved by Councillor Marnie Doyle:

Seconded by Councillor Paul Tully:

A. That the report be received and noted.

B. That a workshop be provided to Councillors in early 2023, with a view to formulating Council’s position and approach to incorporating major amendments and significant amendments to the new scheme, so that adequate resourcing and budget can be addressed and the workshop to also include a discussion on interim and ongoing protection measures under the existing scheme available to Council.

C. That the workshop also consider a review of the assessment criteria in respect of development applications involving Schedule 3 listings.

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. 2022(09) of 13 October 2022

RECOMMENDATION

Moved by Mayor Teresa Harding:

Seconded by Councillor Russell Milligan:

That the Minutes of the Growth, Infrastructure and Waste Committee held on 13 October 2022 be confirmed.

AFFIRMATIVE NEGATIVE

Councillors: Councillors:

Harding Nil

Tully

Ireland

Madsen

Doyle

Fechner

Kunzelmann

Milligan

Jonic

The motion was put and carried.

Officers’ Reports

3. Ipswich General Cemetery Heritage Project Final Concept Design

This is a report concerning the final concept design and associated cost estimates required for the Ipswich General Cemetery Heritage Project. The project’s preferred concept design of the Memorial Garden was presented to the Growth, Infrastructure and Waste Committee on the 11 August 2022, the adopted recommendations were, A: That the report be received and noted and B: That council proceed with developing a final concept design and cost estimates for the Memorial Garden concept.

The community consultation, final concept design and cost estimates are now completed and presented for Council’s consideration.

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

Recommendation

That the Ipswich General Cemetery Heritage Project final concept design report for the Memorial Garden (included as Attachment 1) be approved.

Mayor Teresa Harding proposed a variation to the recommendation for the word approved to be changed to the word noted.

Councillor Paul Tully proposed that instead of the word noted, the words ‘subject to budget approval’ be added to the end of the recommendation.

RECOMMENDATION

Moved by Mayor Teresa Harding:

Seconded by Councillor Paul Tully:

That the Ipswich General Cemetery Heritage Project final concept design report for the Memorial Garden (included as Attachment 1) be approved, subject to budget approval.

AFFIRMATIVE NEGATIVE

Councillors: Councillors:

Harding Nil

Tully

Ireland

Madsen

Doyle

Fechner

Kunzelmann

Milligan

Jonic

The motion was put and carried.

4. Planning and development documentation and search fees

This is a report concerning proposed changes to the range of building and plumbing search services available from Council, and the fees associated with provision of these services.

RECOMMENDATION

Moved by Mayor Teresa Harding:

Seconded by Councillor Nicole Jonic:

A. That Council note the proposed new building and plumbing documents to be offered.

B. That Council adopt the proposed fees and charges for approved plans and documentation, as outlined in Attachment 1, with effect from 30 November 2022.

AFFIRMATIVE NEGATIVE

Councillors: Councillors:

Harding Nil

Tully

Ireland

Madsen

Doyle

Fechner

Kunzelmann

Milligan

Jonic

The motion was put and carried.

5. Infrastructure and Environment Department Capital Delivery Report September 2022

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

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.

6. Exercise Of Delegation Report

This is a report concerning applications that have been determined by delegated authority for the period 26 September 2022 to 24 October 2022.

RECOMMENDATION

Moved by Mayor Teresa Harding:

Seconded by Councillor Marnie Doyle:

That the Exercise of Delegation report for the period 26 September 2022 to 24 October 2022, 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. 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 Marnie Doyle:

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

Adjourn Meeting

Moved by Mayor Teresa Harding

That the meeting be adjourned at 9.43 am to reconvene at 10.30 am.

AFFIRMATIVE NEGATIVE

Councillors: Councillors:

Harding Nil

Tully

Ireland

Madsen

Doyle

Fechner

Kunzelmann

Milligan

Jonic

The motion was put and carried.

The meeting reconvened at 10.30 am.

PROCEDURAL MOTIONS AND FORMAL MATTERS

The meeting commenced at 9.00 am.

The meeting closed at 10.30 am.

Growth Infrastructure and Waste Committee

Meeting Agenda

29 November

2022

Doc ID No: A8384613

ITEM: 2

SUBJECT: Renewal of Liquid Petroleum Gas (LPG) for Bundamba and Goodna Aquatic Centres

AUTHOR: Contracts Officer

DATE: 20 October 2022

Executive Summary

The estimated sum for this period is two hundred and seventy-five thousand dollars ($275,000) excluding GST for the two sites.

Recommendation/s

(a) The number of suppliers for heating LPG is limited.

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

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

RELATED PARTIES

· Origin Energy Retail Ltd

· Ipswich City Council

· There are no discernible conflicts of interest

ifuture Theme

Natural and Sustainable

Purpose of Report/Background

The purpose of the report is to identify the continuing requirement for LPG Supply to Council’s Aquatic Centres to meet community expectations for the services provided at these Aquatic Centres.

Origin Energy Retail Ltd have supplied LPG to the Council Aquatic Centres for several years, Goodna since 2002, Bundamba since 2004 and Leichhardt since 2017. They have supplied LPG through annual Agreements which have been renewed each year over this period. It has been identified that a review of the agreements with the LPG supplier is required.

Leichhardt Aquatic Centre which current supply agreement expires November 2022. Leichhardt Aquatic Centre’s Current LPG Gas heaters are to be replaced by Electric Heaters.

It is proposed that the LPG arrangement be extended by 2 years, to allow the assessment of the new heating system and ascertain if it is feasible to be rolled out to the two LPG supplied Aquatic Centres, Goodna and Bundamba.

To enable appropriate time for this review and ensure legislative requirements are met, this report recommends that Council approve a renewal of the agreement with Origin Energy Retail Ltd in line with section 235(b) of the regulation, which operates as an exception to inviting quotes or written tenders for medium and large-sized contractual arrangements.

Legal/Policy Basis

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

Local Government Regulation 2012

RISK MANAGEMENT IMPLICATIONS

The risk to Council if the recommendation within this report is not approved is that Council’s continuity of supply of LPG to the three Aquatic Centres would be compromised.

HUMAN RIGHTS IMPLICATIONS

HUMAN RIGHTS IMPACTS
OTHER DECISION

(a) What is the Act/Decision being made?	Recommendation A and B states that Council enter into an agreement for the supply of LPG to Goodna and Bundamba Aquatic Centres
(b) What human rights are affected?	No human rights are affected by this decision
(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.

Financial/RESOURCE IMPLICATIONS

Budget for the agreement is approximately $275,000 (excluding GST) per year and budget is available.

COMMUNITY and OTHER CONSULTATION

Internal Consultation with Works and Field Services

Conclusion

Due to supply continuity, time and resources invested in setting up Origin Energy Retail Ltd facilities at the remaining two Aquatic Centres, this report recommends to Council a resolution under s235 (b) of the regulation to engage Origin Energy Retail Ltd to provide an LPG Sale and Supply Agreement for Bundamba, and Goodna Aquatic Centres for two (2) years for the estimated sum of two hundred and seventy-ninety thousand dollars ($275,000) excluding GST.

John O'Donnell

Contracts Officer

I concur with the recommendations contained in this report.

Juliana Jarvis

Goods and Services Category Manager

I concur with the recommendations contained in this report.

Richard White

Manager, Procurement

I concur with the recommendations contained in this report.

James Hilyard

Manager, Works and Field Services

I concur with the recommendations contained in this report.

Sean Madigan

General Manager - Infrastructure and Environment

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

Growth Infrastructure and Waste Committee

Meeting Agenda

29 November

2022

Doc ID No: A8430841

ITEM: 3

SUBJECT: Future Ripley Road corridor upgrade between Cunningham Highway and Centenary Highway Ripley

AUTHOR: Acting Property Services Manager

DATE: 4 November 2022

Executive Summary

This is a report seeking confirmation from Council to commence the planning for the acquisition of the Ripley Road ultimate road corridor, from approximately Fischer Road to the Centenary Highway.

RECOMMENDATION

That the report be received and the contents noted.

RELATED PARTIES

There was no declaration of conflicts of interest.

ifuture Theme

Vibrant and Growing

Purpose of Report/Background

Council, at its meeting of 27 January 2022 adopted a report recommending a 2021-2022 budget amendment to commence the planning and design for the upgrade of Ripley Road, between Trigona Drive and Binnies Road (new alignment) to be funded from the collected PDA municipal development contributions. Also, to prepare costings for inclusion in the 2022-2023 budget deliberations regarding the section of Fischer Road, Ripley between Monterea Road and Nevis Road. This is referencing one stage of the corridor design required to accommodate the full upgrade corridor between the Cunningham and Centenary Highway.

Council has recently made an application for Catalyst Funding, through Economic Development Queensland (EDQ), to assist with the funding of these works. Currently there is no update from EDQ on the status of the application.

Whilst these current efforts of Council have been focusing on this northern section of Ripley Road, officers have been in discussions with Ripley developers about opportunities for potential delivery and funding partnerships to assist with accelerating the projects and infrastructure requirements for the ultimate corridor.

One of the constraints identified is the inability for the ultimate road to be constructed due to the final road corridor being constrained by the existing property alignments.

Council will generally allow for the development industry to seek to achieve the necessary road corridors as part of their development planning and delivery, however there are occasions where the various parties will not agree on commercial terms and the resulting impasse hinders progress.

In this instance the developer has advised Council that they have endeavoured to negotiate with the owners to acquire the necessary land for them to build the road but have been unsuccessful. Hence, they are seeking Council assistance to progress.

Council does not actively undertake any property acquisition for a project until such time as funding has been secured for its detailed design and construction as the identification and design process can alter alignment requirements in the detailed design. In this instance, it is considered that the circumstances warrant a proactive approach to ensure the continual progression of growth in this part of the Ripley Valley.

Legal/Policy Basis

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

Local Government Act 2009

Planning Act 2016

Acquisition of Land Act 1967

RISK MANAGEMENT IMPLICATIONS

Council is aware that there has been no progression with agreements reached between owners and developers. For the Council to do nothing, allows there to be risk that the development in this location will stop, until such matters are resolved. It is considered that by taking this action, Council is directly mitigating risks for the transport network within the Ripley Valley PDA.

Council’s usual practice will be to endeavour to negotiate with the affected landowners to acquire the land required. If this cannot be achieved, then compulsory acquisition processes may need to be used. This may lead to some reputational risk for the Council and lengthen the process.

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

The cost of acquiring the corridor is unknown at this time, it will be subject to negotiation and reported back to Council in due course. Acquisition costs will need to be considered by Council in future budget deliberations.

COMMUNITY and OTHER CONSULTATION

For the purposes of this report there is no requirement for community consultation at this stage. When the alignment is designed it is Council process to deal directly with the owners affected by the potential land requirements along Ripley Road about this matter. A wider community consultation process will also be undertaken about ‘What is being planned’ when there are updates on road upgrade proposed works.

This report has been prepared with input from Council’s Planning and Regulatory Services, Corporate Services, and the Infrastructure & Environment Department.

Conclusion

Council has recognised the importance of Ripley Road and the need to facilitate its upgrade commensurate with the development it will ultimately serve.

The need to put in place the road corridor for the section of road between Fischer Road and the Centenary Highway is another example of Council being willing to lead and demonstrate its strategic commitment to the Ripley Valley Priority Development Area.

It is recommended that Council note and support the ongoing commitment to the strategic direction by Council declaring the need for the ultimate Ripley Road corridor upgrade.

Attachments and Confidential Background Papers

	CONFIDENTIAL
1	Indicative Corridor Plan - Ripley Road (Fischer Road to Centenary Highway)

Alicia Rieck

Acting Property Services Manager

I concur with the recommendations contained in this report.

Anthony Dunleavy

Manager, Legal and Governance (General Counsel)

I concur with the recommendations contained in this report.

Matt Smith

General Manager Corporate Services

I concur with the recommendations contained in this report.

Peter Tabulo

General Manager Planning and Regulatory Services

I concur with the recommendations contained in this report.

Sean Madigan

General Manager - Infrastructure and Environment

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

Growth Infrastructure and Waste Committee

Meeting Agenda

29 November

2022

Doc ID No: A8445021

ITEM: 4

SUBJECT: Potential Sale of Swifts Sports Club located over part of 95A Brisbane Road, Booval

AUTHOR: Senior Property Officer (Tenure)

DATE: 10 November 2022

Executive Summary

This is a report concerning the potential sale of part of freehold land located at 95A Brisbane Road, Booval, described as part of Lot 169 on RP24111 to the existing Lessee, Swifts Leagues Club Ltd.

RECOMMENDATION

A. That pursuant to section 236(2) of the Local Government Regulation 2012 (Regulation), Council resolve that the exception at section 236(1)(b)(ii) of the Regulation applies to the disposal of surplus land at 95A Brisbane Road, Booval more particularly described as part of Lot 169 and Plan RP24111, (Council file reference number L-1274), because the disposal will be to a community organisation.

B. That Council enter a contractual arrangement with Swifts Leagues Club Ltd at an expected sale price of $1,370,000 excluding GST, payable to Council.

RELATED PARTIES

· Brett McGrath, Acting Asset Services Manager (former Property Services Manager, has declared a potential conflict of interest in that he is the president of Brothers Football Club).

ifuture Theme

Vibrant and Growing

Purpose of Report/Background

The existing Lease to Swifts Leagues Club (Swifts) is weighted in favour of Swifts as Lessee, with below market rent, a current term of 10 years to 2031, with an option (in favour of Swifts) for a further 10 year tenure period. The buildings located on this site are aging and require refurbishment and ongoing maintenance. Council engaged an external quantity surveyor to estimate refurbishment, maintenance and repair costs over the next 20 years, (in accordance with the lease and renewal options) with those repair estimated at $7.4 million.

Following an expression of interest from Swifts to purchase the Swifts Sports Club building and land, a report was submitted to the Growth Infrastructure and Waste Committee Meeting on the 4 November 2021 for the disposal of part of 95A Brisbane Road, Booval. The Growth Infrastructure and Waste Committee resolved that Council would consider the potential disposal, with a condition to conduct a community engagement process, in order to seek community sentiment.

Subsequently, Council procured the services of an independent external consultant, to undertake the community consultation process on behalf of Council. The community engagement was to consider the potential sale of the land (and buildings), and provide the results to Council, to enable Council to consider the results of the feedback and community sentiment relating to any potential sale of the land to Swifts.

The result of the community engagement showed:

· 59% of respondents to the survey supported the potential sale, with a majority of those respondents indicating that the disposal of land reflects the best interests of the Ipswich community;

· 38% of respondents to the survey opposed the potential sale, with 31% of those respondents indicating concern regarding what Swifts might do with the land. Similarly, 30% of the respondents who opposed the potential sale indicated concern over the sale of public assets, and

· the remaining 3% of respondents to the survey indicated they were neither for nor against the potential sale to Swifts.

The below options are proposed for Council’s consideration and resolution:

Option 1 – Manage the existing Lease

Swifts continue under the terms of the existing lease agreement, taking up the next option until 5 September 2031, with a further ten (10) year option thereafter. The facility is nearing the end of its useful life and will require significant refurbishment to sustain the longevity of the asset. Council will bear the capital costs for the refurbishment of the facility as well as ongoing maintenance, repair and replacement responsibilities of the asset.

The lease is based on non-commercial terms and providing a very low return to Council and the rent received for the facility does not offset the ongoing refurbishment and maintenance cost.

Option 2 – Negotiate a New Lease

Seek to negotiate a new lease with Swifts on terms and conditions where Swifts are responsible for all asset expenses including maintenance and repair, end of life and refurbishment of associated buildings and facilities for a term of 40 years (20 year + 10 year option + 10 year option – options in Swifts favour).

Swifts take on accountability for rehabilitating the buildings from their current state with this reflected in leasing terms including $0 rent for the first 10 years with reversion to a market rent from this period forward. This would result in Council maintaining ownership of the public asset (land), negate the need for Council investment in the refurbishment and provide Swifts a longer arrangement under commercial terms (following the initial 10 year rent free period).

Option 3 – Disposal by Sale to Swifts

Sell the land and buildings to Swifts at market value as determined by an independent registered valuer, engaged by Council on 3 December 2021.

Under section 236 of the Local Government Regulation 2012 (Qld) (Regulation), Council can dispose to Swifts without going to tender or auction requirements under section 227 of the Regulation if the disposal is to a community organisation (refer to section 236(1)(b)(ii)).

Swifts are regarded as a community organisation for the purposes of the Regulation. Council must declare the land as surplus to Council’s requirements and resolve that the exception under the Regulation applies.

Legal/Policy Basis

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

Local Government Act 2009

Local Government Regulation 2012

Planning Act 2016

RISK MANAGEMENT IMPLICATIONS

Option 1 - The facility is nearing the end of its useful life and there is a moderate risk of asset failure if Council does not undertake refurbishment and repairs to the facility. The estimated cost of refurbishment and ongoing maintenance and repair for 20 years has been determined at an estimate of $7.4 million. This investment will likely require offsetting against other Capital expenditure.

Option 2 – The extended lease period with accountability for the premise and future market rents may not be seen as commercially viable by the lessee given the favourable terms of the existing lease.

Option 3 - Council have undertaken community consultation with 59% of respondents supporting the potential disposal to Swifts. There is low to moderate community concern and adverse reaction to a direct sale of the asset.

In the community consultation respondents raised concerns on how Swifts will develop the land and buildings upon the potential sale. Under the existing terms of the lease, Swifts may undertake alterations with Council’s approval and Council cannot unreasonably withhold its approval.

The existing lease allows for the sale of alcohol and conduct of gaming on the premises with no provisions to manage the number of gaming machines.

HUMAN RIGHTS IMPLICATIONS

HUMAN RIGHTS IMPACTS
OTHER DECISION

(a) What is the Act/Decision being made?	The recommendation for Council to receive the report and provide direction on the options considered in the report. The decision will involve the disposal of land to a community organisation.
(b) What human rights are affected?	Recognition and equality before the law (section 15) Property rights (section 24)
(c) How are the human rights limited?	Yes, it is important that community and government organisations be given opportunity to acquire land for the development of public infrastructure.
(d) Is there a good reason for limiting the relevant rights? Is the limitation fair and reasonable?	Yes, the limitations of disposing of the land without an open market process through a tender or auction does not restrict the purpose of disposing of the land. The land will be disposed of to a community organisation.
(e) Conclusion	The decision is consistent with human rights.

Financial/RESOURCE IMPLICATIONS

If options 1 or 2 are adopted, Council does not dispose of the proposed land and buildings and Swifts will continue with the existing lease or a new lease. Option 1 will see public funding contribute to significant capital cost outlays for the refurbishment and maintenance to the facility over the next twenty (20) year term at an estimated $7.4 million. Option 2 will negate the need for the estimated $7.4 million investment with council forgoing rent for a period of 10 years.

If option 3 is adopted, Council will receive an economic benefit through the sale and save a significant amount on the asset management lifecycle of the building.

Council is required to dispose of the land and facility in accordance with the Local Government Regulation 2012. Under section 236 (1)(b)(ii) of the Regulation.

COMMUNITY and OTHER CONSULTATION

Community consultation was undertaken by an external consultant, WSP on the potential sale in accordance with the Council decision resolved on 4 November 2021. Community consultation was concluded on 30 September 2022. Council will provide a recommendation based on the results of the public consultation, in the best interests of the community.

Conclusion

Due to the facility being at the end of its useful life and the significant capital injection required by Council, it is recommended that Council proceed with Option 3 for the sale of part of 95a Brisbane Road, Booval in accordance with Attachment A. This recommendation is in alignment with the community consultation report where 59% of respondents where in support of the potential sale of the facility. The disposal by sale to Swifts is prudent to the economic benefit of the community, achieved though the proceeds of the sale and the avoidance of ongoing maintenance, repair, and refurbishment of the building over the term of the lease.

Attachments and Confidential Background Papers

1.	Potential Sale Area Plan ⇩
2.	Responsibilties for Maintenance, Repair and Replacement of Assets ⇩
3.	Lease Agreement ⇩
4.	Lease Amendment ⇩
5.	Report of Growth Infrastructure and Waste Committee 04/11/21 - Cameron Park - Swifts Leagues Club ⇩

	CONFIDENTIAL
6.	Community Consultation Report
7.	Valuation Report

Kerry Perrett

Senior Property Officer (Tenure)

I concur with the recommendations contained in this report.

Alicia Rieck

Acting Property Services Manager

I concur with the recommendations contained in this report.

Anthony Dunleavy

Manager, Legal and Governance (General Counsel)

I concur with the recommendations contained in this report.

Matt Smith

General Manager Corporate Services

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

Growth Infrastructure and Waste Committee

Meeting Agenda

29 November

2022

Doc ID No: A8359378

ITEM: 5

SUBJECT: Concept Design Master Plan - Tallegalla Cemetery

AUTHOR: Principal Officer (Projects)

DATE: 11 October 2022

Executive Summary

Recommendation/s

That the Tallegalla Cemetery concept design master plan (included as Attachment 2) be approved.

RELATED PARTIES

Wolter Consulting Group was the company selected through the procurement process to deliver the concept design report and cost estimate for the Tallegalla Cemetery. They have engaged the services of other companies and consultants to undertake site assessments and technical studies of the site.

There have been no declarations of a conflict of interest in relation to this project.

ifuture Theme

Vibrant and Growing

Purpose of Report/Background

Tallegalla Cemetery is on the Rosewood-Marburg Road and is an historic cemetery, gazetted in 1877. The cemetery is significant at a local level for several reasons including its association with early settlement of the area, for the aesthetic value of many of the monuments, for its picturesque setting and for its association with the local community and local families.

In 2016, a ten (10) year master plan (Attachment 1) was developed for the Tallegalla Cemetery, which was extensively socialised with the community, and key stakeholders. The ten-year plan was to be presented to Council for adoption, however it was never submitted for endorsement and during the Interim Administrator period it was deemed more appropriate to wait for the election of a new Council to progress matters relating to strategic planning for the cemeteries.

In 2020 a review of the ten-year plan was undertaken, and it was determined that several aspects of the plan were practicably unachievable due to the topography of the land, there are slopes greater than 20° in places and the site has 2 significant gullies that were seemingly overlooked. Not all concepts from the plan were discarded with several retained including the need for public amenities, a maintenance area for internal cemetery operations, additional shelters/shading for the community, development of internal roadways and new lawn burial areas.

The cemetery site comprises 3.6 hectares of steeply sloped land with picturesque views of the surrounding area. In early 2021, preliminary work commenced to clear approximately 1.5 hectares of lantana and other weed type plants that are declared restricted matter pursuant to the Biosecurity Act 2014. This enabled detailed surveying to take place. Approximately 1 hectare of the site was not cleared due to the steep gullies.

During the 2021-2022 year, a concept design report (Attachment 2) was developed by Wolter Consulting Group for the future use of the site which included proposed development staging and estimated costs. The report provides guidance for a long-term capital construction and asset replacement program, in accordance with the Conservation Management Plan. It provides spaces within the cemetery that cater for larger group memorial services and gatherings as well as covered nodes and seating for smaller groups, that are inclusive, flexible, and respectful of the setting. The design can respond to the changing needs of the community and the cemetery network into the future and addresses enhancements to the amenity and comfort of the site for visitors.

Accessibility and safety within the site have been improved were possible and locations have been provided for temporary parking. Stages 2 and 4 have a conservative combined minimum yield estimate of 760 single graves plots. The yield is calculated for traditional burials providing an estimate of the cemetery capacity into the future. If each grave accommodates 2 burials, the yield will double. The design also provides opportunities to incorporate spaces that cater for a range of inurnment and interment options that have a reduced footprint and would increase the capacity within the cemetery.

Legal/Policy Basis

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

Local Government Act 2009

Local Government Regulation 2012

Local Law 7 (Local Government Controlled Areas and Roads)

Subordinate Local Law 7.1 (Local Government Controlled Areas and Roads)

Land Act 1994

RISK MANAGEMENT IMPLICATIONS

Tallagella Cemetery has 55 burial plots remaining to enable burials to be performed within the developed land component of the cemetery. There is an expectation from the Ipswich community that cemetery services be provided by Council. Burials are performed at the Tallegalla Cemetery on a regular basis, averaging over 20 burials and inurnments of cremains yearly. This number is expected to increase with the increasing residential populations in the surrounding areas.

Development of the site and the construction of infrastructure is required to make more land available for burials and inurnments of cremains. The Concept Design details the future development of the site to increase the capacity to enable cemetery services to continue.

HUMAN RIGHTS IMPLICATIONS

HUMAN RIGHTS IMPACTS
OTHER DECISION

(a) What is the Act/Decision being made?	The Recommendation states that the Tallegalla Cemetery concept design master plan (included as Attachment 2) be approved.
(b) What human rights are affected?	No human rights are adversely affected by this decision.
(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.

Financial/RESOURCE IMPLICATIONS

The Tallegalla Cemetery Expansion Project has been allocated capital funding and is contained within the adopted Capital Works Program 2022-2024.

$85,000 has been allocated during the current financial year for the detailed design stage of the project and a further $1,232,000 has been allocated for the following two financial years (2023-2025) for the construction of projects associated with Tallegalla Cemetery.

A detailed estimate of costs has been prepared as part of the concept design report which estimates that a total of $1,634,970 will be required to complete the next stage of the project (stage 2).

Ongoing infrastructure works would be followed by stages 1A and 1B, constructed over a seven-year period commencing with the detailed design of stage 1B in 2023/24. At the time the concept report was prepared, these stages had a combined cost estimate of $1,425,647. This cost is likely to increase over the planned construction period due to current economic trends.

The financial commitment to progress the concept design master plan will need to be considered as part of future budget deliberations.

COMMUNITY and OTHER CONSULTATION

Consultation during the development of this project was targeted to ensure that the project team gathered feedback from key stakeholders, the cemetery operator and local funeral directors. The consultation and feedback sessions assisted in the development of the preliminary concept and informing the design. The engagement with the funeral directors was an opportunity to probe their operational needs, burial trends, cemetery usage (current and future) and the needs and aspirations of their customers relating to death care services. Most importantly, specific information was gathered about Tallegalla Cemetery which has been incorporated into the concept design.

The key comments as they relate back to the concept design were that they supported the opportunity to work with the topography rather than focus on east/west orientation of plots; a central feature of a garden or outdoor chapel was strongly supported; amenities on site would vastly improve the comfort of people attending the site for a service; leveling or reducing the grade of the slope in the burial areas would address many operational challenges and improve safety for elderly members attending grave side services; the need for improvements in the width of internal roadways and parking opportunities within the site were critical; and support for comfortable places for visitors to sit and reflect.

Conclusion

The concept design master plan for the Tallegalla Cemetery which includes and cost estimates for the proposed stages has been finalised. This design encapsulates all the key design principals established to date as well as incorporating the difficult topography of the site within the design.

Commencing with stage 2 of the plan a large portion of land at the Tallegalla Cemetery will be developed for the purpose of establishing burials plots, increasing the capacity of the cemetery by over 300 individual plots, all of which could be dug to a double depth. This stage also includes the construction of public amenities, a maintenance area for internal cemetery operations, additional shelters/shading for the community, and development of internal roadways for the new lawn burial area.

Attachments and Confidential Background Papers

1.	1611 AJW Tallegalla Master Plan Resolved Final (under separate cover)
2.	21-0809L Tallegalla Cemetery Concept Report [G]_LOW RES (under separate cover)

Graham Schultz

Principal Officer (Projects)

I concur with the recommendations contained in this report.

Alisha Connaughton

Manager, Compliance

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”

Growth Infrastructure and Waste Committee

Meeting Agenda

29 November

2022

Doc ID No: A8289533

ITEM: 6

SUBJECT: Infrastructure and Environment Department Capital Delivery Report October 2022

AUTHOR: Manager, Capital Program Delivery

DATE: 21 November 2022

Executive Summary

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

Recommendation/s

That the report be received and the contents noted.

RELATED PARTIES

There are no known conflicts of interest in relation to this report.

ifuture Theme

Vibrant and Growing

Purpose of Report/Background

Summary

A satisfactory result for the overall IED Capital Works Program in October, with expenditure for the month being $9.54mill against the Baseline Budget of $12.72mill.

Year-to-date expenditure sits at $32.33mill versus the budget baseline of $30.12mill.

While the monthly expenditure was approximately $3.18mil below expectation, the majority of this was due to late delivery of Fleet purchases ($1.89mil down). As has been reported previously, the global supply chains for machinery and materials is still significantly disrupted and further delays in delivery timelines are to be expected.

Pleasingly, the Infrastructure program was only $849k below baseline (approximately 10%) despite the interruptions caused by on-going wet weather in October.

The actual rainfall for the month of October in Ipswich was 110.4mm versus a long-term average of 66.2mm. So far this financial year (July 2022 – October 2022) the rainfall has been 279.4mm whereas the long-term average for this period is 144.4mm.

The table below shows the comparison of the baseline for the published budget and expenditure to date for the 2022-2023 Financial Year.

Monthly Program Variances Greater than $100k (Budget vs Actual)

Asset Rehabilitation was $353k over budget for the month of September.

The bulk of the variance was attributable to continuing works on the Old One Mile Bridge at Leichardt (+$413k). This project was delayed in its commencement in the previous financial year due to the floods and continues to be affected by the above average rainfall during the past few months. Works were stopped during October due to the heavy rain and high river level (photos attached below). Works are progressing albeit at a slower pace than both the contractor and ourselves would like.

This was partially offset by lower expenditure on Keanes Rd bridge (-$282k). The contract for this bridge (federal grant funding) has now been awarded with works to commence this financial year and completion in the following financial year.

The road resurfacing program is running behind the planned program. One of the two local asphalt suppliers are unable to fulfill the remainder of the contract term, placing additional load on the remaining supplier. While we are working to achieve the full program this financial year, there is some risk that the single suppler may not be able to complete all of the scheduled works.

Parks, Sport & Environment was $375k over budget for the month of October.

The bulk of this variance is attributable to the works on the skateboard facility at Redbank Plains Recreation Reserve. The works are well progressed with opening of the facility due for mid-December. Concrete works on this project have been adversely affected by the wet weather with several scheduled concrete pours being delayed due to rain.

The contractor is working weekends were possible to keep the overall project date on schedule.

Transport & Traffic was $1.06mill under budget for the month of September.

Within this variance, works at Springfield Parkway and Springfield-Greenbank Arterial contributed $488k, Redbank Plains Rd St 3 contributed $492k and Queen & Albert St Intersection contributed $103k.

Each of these projects continue to progress well despite the budget baseline being out of alignment with the actual delivery.

The Springfield Parkway portion of the works is progressing well with final pavements being constructed for the new duplication. The target milestone for the construction team is to have the traffic switched on to the new pavement prior to the Christmas break.

The Springfield-Greenbank Arterial (GBA) portion is progressing well with works within Mountain Creek adjacent tom the Orion Shopping Centre well underway. Earthworks on the embankment on the southern side of the GBA have continued despite the wet weather.

The project team is liaising closely with the Brighton Homes Arena team to facilitate any opening events or major events being planned for the centre.

Redbank Plains Rd Stage 3 is now well underway with the contractor progressing well, albeit behind our baseline budget forecasts.

Works on the Queen St & Albert St intersection upgrade are well advanced, with no significant hold-ups on site. Expectations are that the intersection will be functional prior to the Christmas break but there may be some tidy-up works to complete in January.

Fleet was $1.89mill under the budget baseline for the month of October.

As stated above, deliveries of fleet items were well down on the budget baseline but were in line with the forecast expectations.

Delivery timelines are continually changing due to supplier and supply-chain issues.

Procurement purchase orders have been placed for most required items.

Waste was $400k under the budget baseline for the month of October.

The majority of projects under this Program are now running behind the year-to-date budget baseline. A review of the status of these projects will need to be undertaken and full-year forecasts revised to reflect the expected delivery outcomes.

Summary

The actuals to budget variance for the month of October 2022 was $3.18mill below the budget baseline.

Year-to-date the Capital Delivery expenditure remains ahead of baseline by $2.20mill.

While overall the Capital Delivery Program remains in a healthy state, there are a number of projects that are now identified as being at risk of delivery this financial year. The risks are generated from a variety of sources, some of which are:

· On-going delays due to wet weather

· Supplier delays for delivery of purchased goods – in particular fleet & machinery

· Supplier delays for delivery of services – in particular for completion of designs in advance of procurement and construction

· Availability of suitably experienced contractors to complete works – specialist suppliers and sub-contractors are not always available

The program will continue to be monitored and managed. It should be noted that while some delays to projects is anticipated, these projects will not be cancelled from the 3-year program but some will need to be re-phased from the original baseline.

Legal/Policy Basis

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

Local Government Act 2009

RISK MANAGEMENT IMPLICATIONS

The Infrastructure and Environment Department has a departmental risk register that includes delivery of the capital program. The leadership team of the department continues to monitor our risk in relation to this and takes mitigation action where necessary.

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

No financial / resource implications.

COMMUNITY and OTHER CONSULTATION

No community consultation was required in relation to this report.

The Stakeholder Management Branch of the Infrastructure and Environment Department engages extensively with the community impacted by our works to ensure that they are informed in advance of works, communicated with during works and ensure that any issues that arise are managed effectively.

Conclusion

The Infrastructure and Environment Department is committed to delivering high quality infrastructure for the community.

Attachments and Confidential Background Papers

1.	IED Capital Delivery Performance Report - October 2022 ⇩

Graeme Martin

Manager, Capital Program Delivery

I concur with the recommendations contained in this report.

Sean Madigan

General Manager - Infrastructure and Environment

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

Growth Infrastructure and Waste Committee

Meeting Agenda

29 November

2022

Doc ID No: A8457221

ITEM: 8

SUBJECT: Planning and Environment Court Action Status Report

AUTHOR: Acting Manager, Development Planning

DATE: 15 November 2022

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. It is worth noting that the Judicial Review of the Ministerial Call In of the Wanless application is one such matter on this list. This is a matter before the Supreme Court.

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

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 ⇩

Mitchell Grant

Acting 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”

Executive Summary

Recommendation

RELATED PARTIES

IFUTURE Theme

Purpose of Report/Background

Legal/Policy Basis

RISK MANAGEMENT IMPLICATIONS

HUMAN RIGHTS IMPLICATIONS

Financial/RESOURCE IMPLICATIONS

COMMUNITY and OTHER CONSULTATION

Conclusion

Attachments and Confidential Background Papers