Minutes

DEVELOPMENT and community standards
COMMITTEE MEETING

Tuesday 13 April 2010

Council Chambers

1st floor Administration Building

Bloomfield Street Cleveland.  Qld 4163

TABLE OF CONTENTS

Declaration Of Opening

Record Of Attendance And Leave Of Absence

Receipt and Confirmation Of Minutes

Public Participation At Meeting

Declaration of Interest

Motion To Alter The Order Of Business

1          development & community standards

1.1       THREE (3) MONTH UPDATE ON COMPLIANCE INSPECTIONS FOR SOLAR AND HEAT PUMP HOT WATER UNITS

1.2       CATEGORY 1 - MINOR COMPLYING CODE ASSESSMENTS & HOUSEKEEPING (BUILDING AND PLUMBING)

1.3       CATEGORY 2 - COMPLYING CODE ASSESSMENTS AND MINOR IMPACT ASSESSMENTS

1.4       CATEGORY 3 - MODERATELY COMPLEX CODE AND IMPACT ASSESSMENTS

1.5       CURRENT APPEALS LIST AS AT 26 MARCH 2010

2          Closed Session

2.1       APPEAL 1740 OF 2008 - DWELLING HOUSE AT 7 SAMARINDA DRIVE, POINT LOOKOUT

2.2       appeal 355 of 2009 - MULTIPLE DWELLINGS AT 537-547 REDLAND BAY ROAD, VICTORIA POINT

Meeting Closure..

Council, at its meeting on 24 February 2010, resolved as follows:

1.    To delegate to the Development and Community Standards Committee the power to:-

a.           Decide development applications under the Sustainable Planning Act 2009 and the Integrated Planning Act 1997; and

b.           Provide instructions to legal counsel for appeal matters actioned under Chapter 6 of the Sustainable Planning Act 2009 and Chapter 4 of the Integrated Planning Act 1997, subject to the condition that where the Committee Chairperson is required to use his/her casting vote, the Mayor (and Deputy Mayor in his/her absence), preside over the meeting and be permitted to use his/her casting vote as Chair to determine the matter.

Declaration Of Opening

Cr Townsend declared the meeting open at 10.05am.

Record Of Attendance And Leave Of Absence

Members Present

Cr B Townsend                      Chairperson and Councillor Division 5

Cr M Hobson PSM                Mayor

Cr W Boglary                         Councillor Division 1

Cr C Ogilvie                           Councillor Division 2

Cr D Henry                             Councillor Division 3 – entered at 10.07am

Cr J Burns                              Councillor Division 4

Cr T Bowler                            Councillor Division 6

Cr M Elliott                             Deputy Mayor and Councillor Division 7

Cr K Reimers                         Councillor Division 8

Cr K Williams                         Councillor Division 9

Cr H Murray                           Councillor Division 10

Committee Manager

Mrs T Averay                         General Manager Development & Community Standards

Officers

Mr B Macnee                          Group Manager, Sustainable Assessment

Mr B Appleton                         Service Manager, Engineering Assessment

Mr M Hunt                               Acting Manager Land Use Planning

Mrs J Saunders                      Service Manager, Planning Assessment

Mr P Brereton                         Team Leader Plumbing Certification

Mr C Vize                                Senior Planner, Planning Assessment

Ms J Worland                          Senior Planner, Planning Assessment

Minutes

Mrs J Parfitt                           Corporate Meetings & Registers Team Leader

Receipt and Confirmation Of Minutes

Moved by:                   Cr Bowler
Seconded by:              Cr Elliott

That the minutes of the Development Assessment Committee meeting of 23 March 2010 be confirmed.

CARRIED

Public Participation At Meeting

Nil

Declaration of Interest

Nil

Motion To Alter The Order Of Business

Nil

1              development & community standards

1.1          THREE (3) MONTH UPDATE ON COMPLIANCE INSPECTIONS FOR SOLAR AND HEAT PUMP HOT WATER UNITS

Dataworks Filename:                         LUP Regulatory Services – Reports to Committee

Responsible Officer Name:               Toni Averay
General Manager, Development and Community Standards

Author Name:                                     Peter Brereton
Team Leader, Plumbing Certification

At the General Meeting on Wednesday 25 November 2009, Council resolved as follows:-

1.       That Council adopts a full compliance inspection process for these installations over a three month period, and adopts the $25.00 fee to assist with administration and inspection charges. At the completion of the three month trial a detailed report can then be generated for Council so an informed decision can be made on the future direction of this program; and

2.       That a further report to be prepared for Council on the completion of the first three months.

It is recommended in this report that Council adopts a full compliance inspection process for these installations. It is also recommended that Council adopts the $25.00 fee to assist with administration and inspection costs.

Purpose

The purpose of this report is to inform Council of the number of applications received and the results of the compliance inspections that were carried out over a (3) three month period.

Background

The State Government, through the Queensland Solar Hot Water Program, has committed to facilitating the installation of up to 200,000 solar or heat pump hot water units over the next (3) three years.

A resolution adopted by Council at the General Meeting on the 13^th of October 2004 required an applicant to fill out the appropriate forms and pay a compliance inspection fee.  The 2009/10 approved inspection fees are as follows:

·                Mainland inspection $99.00

·                Southern Moreton Bat Islands $125.00

·                Coochiemudlo Island $125.00

·                North Stradbroke Island $156.00

After the compliance inspection, a compliance certificate is issued to the licensed plumber who carried out the installation and the property owner.

No compliance permit fees are charged.

The Plumbing and Drainage Legislation has been amended to create a licence endorsement for the installation, repair and maintenance of solar and heat pump hot water units.  The amendments also allow a licensed plumber with the endorsement to replace an existing electric hot water unit with a solar or heat pump hot water unit without a compliance permit. On completion of the installation, the licensed plumber must lodge a form (4) four, a “notifiable minor works form” with the local authority accompanied by a fee of $25.00. The revenue collected by the local authority may be used to fund the administration and full or part auditing processes.

Issues

The following key issues should be noted:

·                The State has determined that the local authorities may only charge a fee of $25.00.

·                The Office of Clean Energy will require installers to  provide proof of lodgement of the Form (4) four (receipt etc.)

·                From December 2009 to February 2010 83 of these applications have been made to Redland City Council for the installation of solar and heat pump hot water units.

Of theses applications:

·                 (22) twenty two have passed a compliance inspection, and

·                (7) seven have failed a compliance inspection.

There are (43) forty three applications for which no compliance inspections have been called.

The following problems have been noted at the failed compliance inspections:-

·                External lagging on pipe work not U.V. rated,

·                Drain lines and valves from hot water units not lagged,

·                Pipe work not clipped and supported, and

·                Valves discharge to sewer.

Regarding these 43 applications:

·                No Form 4 applications have been lodged with Council for the hot water unit installations at this stage.

·                Council can determine whether to undertake full or partial audits, or not to undertake audits at all.

·                However, Council has an obligation to ensure these installations comply with the legislation.

·                Without a full monitoring program in place non conforming installations will not be detected.

CONCLUSION

It is recommended that Council continue to adopt a full compliance inspection process for these installations and adopts the $25.00 fee to assist with administration and inspection costs.

Relationship to Corporate Plan

The recommendation in this report primarily supports Council’s strategic priority to ensure the enhancement of biodiversity including koala habitat, bushland, greenspace, waterways, catchments, air and coastal ecosystems in recognition of our unique location in Moreton Bay.

Financial Implications

The fee of $25.00 will not cover the costs associated with the administration and inspection process.

The number of installations of these units will have a bearing on Council costs.

Consultation

In preparation of this report the Plumbing and Drainage Unit has consulted with Building Codes Queensland representatives and surrounding Local Authorities.

Building Codes Queensland have stated that a resolution would be required to be passed by Council and a copy of the meeting minutes forwarded to the Department of Infrastructure and Planning if Local Authorities decided to waive the $25.00 fee.

Surrounding Local Authorities are carrying out the following inspections:-

·         Gold Coast City Council – Full inspections

·         Scenic Rim Regional Council – Full inspections

·         Ipswich City Council – Full inspections

·         Brisbane City Council – 1 in 5

·         Logan City Council and Moreton Bay Regional Council – With full applications (forms 1 and 2) they do every inspection, with form 4 they do 1 in 10.

Options

PREFERRED

That Council continue to adopt a full compliance inspection process for solar or heat pump hot water unit installations and adopt a fee of $25.00 to assist with administration and inspection costs.

ALTERNATIVES

1.         That Council adopt a partial compliance auditing process and impose a $25.00 fee to assist with administration and inspection costs; or

2.         That Council adopt a full compliance auditing process but does not charge a $25.00 fee to assist with administration and inspection costs; or

3.         That Council adopt a non auditing process and does not charge a $25.00 fee.

Officer’s/committee Recommendation

Moved by:                   Cr Hobson
Seconded by:              Cr Bowler

That Council resolve to continue to adopt a full compliance inspection process for solar or heat pump hot water unit installations and adopt a fee of $25.00 to assist with administration and inspection costs.

CARRIED

1.2          CATEGORY 1 - MINOR COMPLYING CODE ASSESSMENTS & HOUSEKEEPING (BUILDING AND PLUMBING)

Dataworks Filename:                         GOV-DAC Delegated Items

Responsible Officer Name:               Bruce Macnee
Group Manager Sustainable Assessment

Author Name:                                     Anne-Maree Sankey
Administration Officer

At the General Meeting of 15 May 2002, Council resolved that development assessments be classified into the following four Categories:

Category 1 –   Minor Complying Code Assessments & Housekeeping (Building & Plumbing);

Category 2 –   Complying Code Assessments & Minor Impact Assessments;

Category 3 –   Moderately Complex Code & Impact Assessments;

Category 4 –   Major and Significant Assessments.

A total of 128 Building and Plumbing Applications were dealt with during the period 15 March 2010 to 26 March 2010.

The applications detailed in this report have been assessed under Category 1 criteria - defined as complying, policy based Code Assessment, general housekeeping matters and other applications of a minor nature.

Purpose

The purpose of this report is for Council to note that the following applications were dealt with under delegated authority – Category 1 – Minor Complying Code Assessments and Housekeeping.

1.         Development application for building works approval assessed against the Redlands Planning Scheme for a development near underground infrastructure approval for Patio on Small Lot at 13 Henry Street, Thorneside.  Fastrack Building Certification.  (BW001090)

2.         Development application for building works approval assessed against the Redlands Planning Scheme for domestic additions at 67-69 Pier Haven, Lamb Island.  Ms Claire Molloy.  (BW001085)

3.         Development application for building works approval assessed against the Redlands Planning Scheme for domestic additions at 84-88 Giles Road, Redland Bay.  The Certifier.  (BW001127)

4.         Development application for building works approval assessed against the Redlands Planning Scheme for a domestic outbuilding (shed) at 22-24 Fir Street, Victoria Point.  Mr S A Barron and Mrs J L  Barron.  (BW001103)

5.         Development application for building works approval assessed against the Redlands Planning Scheme to construct a swimming pool at 513 Mount Cotton Road, Sheldon.  Applied Building Approvals.  (BW001112)

6.         Development application for building works approval assessed against the Redlands Planning Scheme to construct a swimming pool at 300 Avalon Road, Sheldon.  Applied Building Approvals.  (BW001101)

7.         Development application for building works approval assessed against the Redlands Planning Scheme to construct a swimming pool at 122 Henderson Road, Sheldon.  Mr M Rasborsek, Mrs R rasborsek.  (BW001107)

8.         Application to extend the currency period of an existing development approval for a material change of use to construct a dwelling house at 25-27 Cleveland Terrace, Ormiston.  Kevin Hayes Architects.  (MC008399)

9.         Development application for a material change of use for a dwelling house at 170 Kate Street, Macleay Island.  Mr Robert G Johnstone.  (MC012113)

10.      Development application for a material change of use for a dwelling house at 23 Toolona Avenuet, Russell Island.  Mr M Richardson.  (MC012109)

11.      Development application for a material change of use for a dwelling house at 37 Wirralee Street, Macleay Island.  Bay Island Designs.  (MC012122)

12.      Development application for a material change of use for a dwelling house at 23 Pookanah Street, Russell Island.  Mrs Sharen J Burns.  (MC012117)

13.      Development application for a preliminary approval application for a material change of use for a small lot house at 78 Ferry Road, Thorneside.  Local Focus Design.  (MC011934)

Officer’s Recommendation/
Committee Resolution

Moved by:                   Cr Elliott
Seconded by:              Cr Ogilvie

That the report be noted.

CARRIED

1.3          CATEGORY 2 - COMPLYING CODE ASSESSMENTS AND MINOR IMPACT ASSESSMENTS

Dataworks Filename:                         GOV-DAC Delegated Items

Responsible Officer Name:               Bruce Macnee
Group Manager Sustainable Assessment

Author Name:                                     Anne-Maree Sankey
Administration Officer

At the General Meeting of 15 May 2002, Council resolved that development assessments be classified into the following four Categories:

Category 1 – Minor Complying Code Assessments & Housekeeping;

Category 2 – Complying Code Assessments & Minor Impact Assessments;

Category 3 – Moderately Complex Code & Impact Assessments; and

Category 4 – Major and Significant Assessments.

The applications detailed in this report have been assessed under Category 2 criteria - defined as follows:

·         Complying small scale types of Code Assessable applications without submission of public objection (i.e. not being adverse submissions); and

·         Includes a number of process-related delegations, operational works applications and all other delegations not otherwise listed.

Purpose

The purpose of this report is for Council to note that the following applications were dealt with under delegated authority – Category 2 – Complying Code Assessments and Minor Impact Assessments.  [Category 2 report] [PDF 350KB]

1.        Development application for building works approval assessed against the Redlands Planning Scheme for domestic additions at 3 Donahue Street, Point Lookout.  Magnic Drafting Services.  (BW000981)

2.        Development application for a material change of use for a Community Facility (Youth Space) at 8 Dollery Road, Capalaba.  Redland Shire Council Community and Social Planning. (MC012014)

3.        Development application for a material change of use for a small lot house at 10 Madeline Court, Thorneside.  Sutgold Pty Ltd.  (MC012049)

4.        Development application for a material change of use for a small lot house at 348 Main Road, Wellington Point.  Heisig Constructions (Qld).  (MC012021)

5.        Development application for a material change of use for a Multiple dwelling x 3 at 64 Haggup Street, Cleveland.  Mrs S Long (MC011911)

6.        Development application for a material change of use for a Multiple dwelling x 10 at 95 -101 Hamilton Street, Redland Bay.  Harvey Property Consultants Pty Ltd (MC011909)

7.        Development application for a material change of use for extensions to existing child care centre at Junner Street, Dunwich.  Ms L Jackson (MC011878)

8.        Development application for a material change of use for a dwelling house at 87-89 Howlett Road, Capalaba.  Mrs S Larnach.  (MC011984)

9.        Development application for a material change of use for a dwelling house at 53 Karangi Drive, Russell Island.  Maylon Quality Homes Pty Ltd.  (MC012086)

10.      Development application for a material change of use for a dwelling house at 15 Alexander Street, Macleay Island.  Mr Bruce G & Mrs Cathryn M Bidgood.  (MC012083)

11.      Development application for a material change of use for a dwelling house at 48 Ronnie Street, Cleveland.  Clarendon Homes Qld Pty Ltd.  (MC012061)

12.      Development application for a material change of use for a dwelling house at 9-11 Teesdale Road, Alexandra Hills.  Mr K Veivers.  (MC011949)

13.      Development application for a material change of use for a dual occupancy and two (2) dwelling houses at 257 Colburn Avenue, Victoria Point.  East Wind Pty Ltd.  (MC011102)

14.      Development application for a material change of use for a dual occupancy at 66 Starkey Street, Wellington Point.  The Certifier Pty Ltd.  (MC011978)

15.      Development application for a material change of use for a dual occupancy at 39-41 Cypress Street, Redland Bay.  Javica Pty Ltd.  (MC011962)

16.      Development application for a material change of use for a dual occupancy at 55 Lawn Terrace, Capalaba.  Javica Pty Ltd.  (MC011961)

17.      Development application for a material change of use to construct a relative’s apartment at 9-11 Teesdale Road, Alexandra Hills.  Mr K Veivers.  (MC011948)

18.      Development application for a material change of use to operate a home business (Indoor) at 19 William Street, Alexandra Hills.  Ms M McLauchlan.  (MC011890)

19.      Development application for reconfiguration of lots (1 into 2 lots) at 23 Willard Road, Capalaba.  East Coast Surveys Pty Ltd.  (SB005451)

20.      Development application for a preliminary approval for a material change of use for a dual occupancy at 25 George Nothling Drive, Point Lookout.  Casey Jackson Homes Pty Ltd.  (MC011684)

Officer’s Recommendation/
Committee Resolution

Moved by:                   Cr Elliott
Seconded by:              Cr Reimers

That the report be noted.

CARRIED

1.4          CATEGORY 3 - MODERATELY COMPLEX CODE AND IMPACT ASSESSMENTS

Dataworks Filename:                         GOV-DAC Delegated Items

Responsible Officer Name:               Bruce Macnee
Group Manager Sustainable Assessment

Author Name:                                     Anne-Maree Sankey
Administration Officer

At the General Meeting of 15 May 2002, Council resolved that development assessments be classified into the following four Categories:

Category 1 – Minor Complying Code Assessments & Housekeeping;

Category 2 – Complying Code Assessments & Minor Impact Assessments;

Category 3 – Moderately Complex Code & Impact Assessments;

Category 4 – Major and Significant Assessments

The application detailed in this report has been assessed under Category 3 criteria that are defined as follows:

Applications of a moderately complex nature:

·         Generally, the mainstream impact assessable applications, Code Assessable applications of varying level of complexity.  The former usually includes submissions of public objection readily addressable by reasonable and relevant conditions.  Both may have minor level aspects outside a stated policy position that are subject to the discretionary provisions of the Planning Scheme;

·         Applications can be referred to Development Assessment Committee for a decision where directed by the Chief Executive Officer.

Purpose

The purpose of this report is for Council to note that the following application was dealt with under delegated authority - Category 3 – Moderately Complex Code & Impact Assessments:

Relative’s Apartment

1.    Development application for a material change of use to construct a relative’s apartment at 54 Pinecone Place, Thornlands.  Mr P Dale.  (MC011799)

Officer’s Recommendation/
Committee Resolution

Moved by:                   Cr Elliott
Seconded by:              Cr Burns

That the report be noted.

CARRIED

1.5          CURRENT APPEALS LIST AS AT 26 MARCH 2010

Dataworks Filename:                         GOV-DAC Appeals List

Responsible Officer Name:               Bruce Macnee
Group Manager Sustainable Assessment

Author Name:                                     Anne-Maree Sankey
Administration Assistant

Information on appeals may be found as follows:

1)       Planning and Environment Court

a.    Information on current appeals and declarations with the Planning and Environment Court involving Redland City Council can be found at the District Court web site using the “Search civil files (eCourts) Party Search” service:

http://www.courts.qld.gov.au/esearching/party.asp

b.    Judgements of the Planning and Environment Court can be viewed via the Supreme Court of Queensland Library web site under the Planning and Environment Court link:

http://www.sclqld.org.au/qjudgment/

2)       Redland City Council

The lodgement of an appeal is acknowledged with the Application details on the Councils “Planning and Development On Line - Development - Application Inquiry” site.  Some Appeal documents will also be available (note: legal privilege applies to some documents). All judgements and settlements will be reflected in the Council Decision Notice documents:

http://www.redland.qld.gov.au/Planning/Pages/default.aspx

3)       Department of Infrastructure and Planning (DIP)

The DIP provides a Database of Appeals (http://services.dip.qld.gov.au/appeals/) that may be searched for past appeals and declarations heard by the Planning and Environment Court. The database contains:

§  A consolidated list of all appeals and declarations lodged in the Planning and Environment Courts across Queensland of which the Chief Executive has been notified.

§  Information about the appeal or declaration, including the appeal number, name and year, the site address and local government.

Officer’s Recommendation/
Committee Resolution

Moved by:                   Cr Reimers
Seconded by:              Cr Bowler

That the report be noted.

CARRIED

2              Closed Session

MOTION TO CLOSE MEETING

Moved by:                   Cr Elliott

Seconded by:              Cr Boglary

That the meeting be closed to the public under section 463(1) of the Local Government Act 1993 to discuss the following items:

2.1       Appeal 1740 of 2008 – Dwelling House at 7 Samarinda Drive, Point Lookout

2.2       Appeal 355 of 2009 – Multiple Dwellings at 537-547 Redland Bay Road, Victoria Point

The reason that is applicable in this instance is as follows:

"(f) starting or defending legal proceedings involving it." (Council)

CARRIED

MOTION TO SUSPEND STANDING ORDERS

Moved by:                   Cr Hobson

Seconded by:              Cr Ogilvie

That Standing Orders be suspended to allow a brief presentation by Steve Durnin who appeared on the New Inventors program on ABC TV.

CARRIED

MOTION TO RESUME STANDING ORDERS

Moved by:                   Cr Elliott

Seconded by:              Cr Henry

That Standing Orders be resumed.

CARRIED

Cr Burns left the meeting at 10.25am.

Cr Murray left the meeting at 10.47am and returned at 11.03am.

Cr Hobson left the meeting at 11.52am.

Cr Elliott left the meeting at 11.52am.

MOTION TO REOPEN MEETING

Moved by:                   Cr Ogilvie

Seconded by:              Cr Bowler

That the meeting be again opened to the public.

CARRIED

MOTION TO ADJOURN THE MEETING

Moved by:                   Cr Ogilvie

Seconded by:              Cr Henry

That the meeting adjourn at 12.36pm and be resumed at 2.00pm.

CARRIED

MOTION TO RESUME THE MEETING

Moved by:                   Cr Ogilvie

Seconded by:              Cr Bowler

That the meeting resume at 2.19pm.

CARRIED

All Councillors were present with the exception of Cr Burns.

MOTION TO CLOSE MEETING

Moved by:                   Cr Hobson

Seconded by:              Cr Reimers

That the meeting be closed to the public under section 463(1) of the Local Government Act 1993 to discuss the following items:

2.1       Appeal 1740 of 2008 – Dwelling House at 7 Samarinda Drive, Point Lookout

2.2       Appeal 355 of 2009 – Multiple Dwellings at 537-547 Redland Bay Road, Victoria Point

The reason that is applicable in this instance is as follows:

"(f) starting or defending legal proceedings involving it." (Council)

CARRIED

MOTION TO REOPEN MEETING

Moved by:                   Cr Elliott

Seconded by:              Cr Ogilvie

That the meeting be again opened to the public.

CARRIED

Cr Williams left the meeting at 2.33pm.

2.1          APPEAL 1740 OF 2008 - DWELLING HOUSE AT 7 SAMARINDA DRIVE, POINT LOOKOUT

Dataworks Filename:                         MC010498

Responsible Officer Name:               Bruce Macnee
Group Manager Sustainable Assessment

Author Name:                                     Chris Vize
Senior Planner Planning Assessment

A confidential report from Group Manager Sustainable Assessment dated 26 March 2010  was discussed in closed session.

Committee Resolution

Moved by:                   Cr Ogilvie
Seconded by:              Cr Henry

That Committee, under delegated authority, resolve as follows:

1.    To hold in abeyance Council’s resolution in this matter dated 3 November 2009 subject to a final determination of the legal grounds prohibiting development in the subject area as per resolution 2;

2.    To instruct Council’s solicitors to continue with the appeal, based on Council’s previous refusal of the application and maintain an opposition to the proposed development based on legal grounds; and

3.    That this report and the previous report in this matter, remain confidential pending the outcome of the appeal.

CARRIED

2.2          appeal 355 of 2009 - MULTIPLE DWELLINGS AT 537-547 REDLAND BAY ROAD, VICTORIA POINT

Dataworks Filename:                         MC011322

Responsible Officer Name:               Bruce Macnee
Group Manager Sustainable Assessment

Author Name:                                     Janice Worland
Senior Planner Planning Assessment

An amended confidential report from Group Manager Sustainable Assessment dated 13 April 2010 was discussed in closed session.

Committee Resolution

Moved by:                   Cr Bowler
Seconded by:              Cr Henry

That Committee, under delegated authority, resolve as follows:

1.    To instruct Council’s solicitors to continue with the appeal, based on Council’s previous grounds for refusal; and

2.    That this report, and the previous reports in this matter, remain confidential pending the outcome of the appeal.

CARRIED

A division was called for.

Crs Reimers, Murray, Elliott, Bowler, Hobson, Henry, Ogilvie, Boglary and Townsend voted in the affirmative.

Crs Burns and Williams were not present when this motion was put.

The motion was declared by the Chair as CARRIED.

Meeting Closure

The meeting closed at 2.45pm.