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 10.10am.

Record Of Attendance And Leave Of Absence

Members Present

Cr B Townsend Chair 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

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 G Stevenson PSM Chief Executive Officer

Mr G Underwood General Manager Planning & Policy

Mr B Macnee Group Manager Sustainable Assessment

Mr W Dawson Manager Land Use Planning

Mr L Purdie Principal Engineer Roads & Drainage

Mr S Hill Principal Adviser Local Area and Strategic Planning

Minutes

Mrs J Parfitt Corporate Meetings & Registers Team Leader

Leave of Absence

Moved by: Cr Elliott
Seconded by: Cr Reimers

That leave of absence from today's meeting be approved for Cr T Bowler who is attending the Australian Regional Women Leader’s Convention in Melbourne.

CARRIED

APOLOGY

An apology was noted for Cr J Burns, Councillor Division 4.

Receipt and Confirmation Of Minutes

Moved by: Cr Elliott
Seconded by: Cr Reimers

That the minutes of the Development Assessment Committee meeting of 13 April 2010 be confirmed.

CARRIED

Public Participation At Meeting

Nil.

Declaration of Interest

Nil.

Order Of Business

Moved by: Cr Elliott

Seconded by: Cr Boglary

That the confidential late item, Kinross Road Structure Plan Northern Access be received and discussed as item 2.2.

CARRIED

1 development & community standards

1.1 CATEGORY 1 - MINOR COMPLYING CODE ASSESSMENT AND HOUSEKEEPING

Dataworks Filename: GOV-DAC Delegated Items

Responsible Officer Name: Bruce Macnee
Group Manager, Sustainable Assessment

Author Name: Kerri Lee
Administration Officer

Executive Summary

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 36 Building and Plumbing Applications were dealt with during the period 29 March, 2010 to 1 April, 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 domestic additions at 53-55 Campbell Road, Sheldon. Bellbuilt Pty Ltd. (BW001129)

2. Development application for building works approval assessed against the Redlands Planning Scheme for domestic additions at 51-71 Kingfisher Road, Victoria Point. Applied Building Approvals. (BW001091)

3. Development application for building works approval assessed against the Redlands Planning Scheme to construct a private swimming pool at 53-55 Campbell Road, Sheldon. Bellbuilt Pty Ltd. (BW001130)

Officer’s Recommendation/
Committee Resolution

Moved by: Cr Elliott
Seconded by: Cr Reimers

That the report be noted.

CARRIED

1.2 CATEGORY 2 - COMPLYING CODE ASSESSMENT AND MINOR ASSESSMENTS

Dataworks Filename: GOV-DAC Delegated Items

Responsible Officer Name: Bruce Macnee
Group Manager, Sustainable Assessment

Author Name: Kerri Lee
Administration Officer

Executive Summary

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. [Category 2 Report] [PDF 250KB]

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.

1. Development application for a material change of use for a dwelling house at 4 Beaumont Drive, Russell Island. Applied Building Approvals. (MC011835)

2. Development application for a material change of use for a dwelling house at 19 Shore Street, Russell Island. Stephen R. and Felani M. Turner. (MC012089)

3. Development application for a material change of use to construct a dual occupancy at 46 Gordon Street, Ormiston. Elegant Properties Pty Ltd. (MC011794)

Officer’s Recommendation/
Committee Resolution

Moved by: Cr Williams
Seconded by: Cr Hobson

That the report be noted.

CARRIED

1.3 CURRENT APPEALS LIST AS AT 16 APRIL 2010

Dataworks Filename: GOV-DAC Appeals List

Responsible Officer Name: Bruce Macnee
Group Manager Sustainable Assessment

Author Name: Anne-Maree Sankey
Administration Assistant

Executive Summary

	File No.	Applicant	Application Details	Hearing Date	Appeal Details
1. WD	SB351901 Appeal 2884 of 1998.	Sabdoen Pty Ltd Point O’Halloran Road, Victoria Point.	Claim against zoning amendment.	Matter adjourned to date to be fixed.	Compensation
2. MR	MC009414 Appeal 1167 of 2007. Received April 2007.	AJ & CL Dowley -v- RSC, 20 Emerson Street, Russell Island.	Application for dwelling house on Residential A lot.	Adjourned to 15 April 2010 for Further Review.	Applicant appeal against Condition 1 of Negotiated Decision.
3. AV	SB005137 Appeal 1034 of 2008. Received April 2008.	Harridan P/L –v- RCC. 46-48 Muller Street, Redland Bay.	Application for MCU and reconfiguration into 62 allotments.	Adjourned for Further Review 9 April 2010.	Applicant Appeal against preliminary approval.
4. JS	MC009568 Appeal 1521 of 2008. Received June 2008.	Canaipa Developments P/L -v- RCC. 1 Wright Street & 116 Canaipa Road, Russell Island.	Application for Mixed Use – Tourist Accommodation, Outdoor Recreation.	Set down for Preliminary Point Hearing 8 & 9 April 2010 pool.	Applicant appeal against refusal.
5. JS	MC010498 Appeal 1740 of 2008. Received July 2008.	KCY Investments (No 2) P/L -v- RCC 7 Samarinda Drive, Point Lookout.	Application for dwelling house.	Adjourned to date to be fixed.	Applicant appeal against refusal.
6. AV	SB004758.1A SB004758.1B MC007588 Appeal 1880 of 2008. Received July 2008.	Heritage Properties P/L & Ausbuild P/L -v- RCC 268, 278, 296, 310, 332 & 344 Cleveland-Redland Bay Road, Thornlands.	Application for MCU (residential development) and reconfiguration into 34 lots (1A) and 25 lots (1B).	Listed for Further Review 10 June 2010. Set down for Hearing in July 2010 pool.	Applicant appeal against deemed refusal.
7. JS	MC010968 Appeal 2627 of 2008. MC010968 Supreme Court Appeal 12616 of 2009. Received November 2009.	Queensland Construction Materials P/L -v-RCC & Ors: Various Sites on North Stradbroke Island. Birkdale Progress Association, FOSI, SIMO, Wildlife Preservation Society & Ors –v- Qld Construction Materials P/L	Application for Material Change Of Use for Extractive Industry (Removal and Transportation of Sand Tailings) and Environmentally Relevant Activity 20 (Extracting Rock or Other Material). Application for Leave to Appeal the PE Court Preliminary Point Judgment 29 September 2009	Preliminary Points Judgment handed down 29 September 2009. Adjourned for Further Review to 12 May 2010. Preliminary Point Hearing held 26 March 2010, awaiting judgment.	Applicant Appeal against refusal Submitter Application against PE Court Judgment
8. JS	MC009566 Appeal 3220 of 2008 Received December 2008.	Slade P/L, PJ Laing & J Laing -v- RCC 14-20 Gordon Road, Redland Bay.	Application for Development Permit (Material Change of Use) for residential purposes	No date set	Applicant Appeal against refusal.
9. GS	MC011268 Appeal 245 of 2009. Received February 2009.	Sutgold Pty Ltd -v- RCC. 97 Main Street, Redland Bay.	Application for dwelling house on land zoned part Urban Residential/part Open Space.	No date set.	Applicant Appeal against refusal.
10. AV	SB005347 Appeal 1016 of 2009. Received April 2009.	BMD Properties Pty Ltd –v- RCC 18 Mainsail Street, Birkdale.	Application for reconfiguration into 10 lots.	No date set.	Applicant Appeal against refusal.
11. AV	MC008405 Appeal 1302 of 2009. Received May 2009.	Ausbuild Projects Pty Ltd –v- RCC 104 Kinross Road, Thornlands	Application for rezoning to Residential for reconfiguration into 107 lots.	Adjourned for Further Review 15 April 2010.	Applicant Appeal against refusal.
12. AV	MC008305 Appeal 1303 of 2009. Received May 2009.	PEET Thornlands Pty Ltd –v- RCC 89-101 Kinross Road, Thornlands	Application for rezoning to Residential for reconfiguration into 102 lots.	Adjourned for Further Review 15 April 2010.	Applicant Appeal against refusal.
13. AW	MC010645 Appeal 1615 of 2009. Received June 2009.	HJ & HM Harrison –v- RCC 68-80 Kinross Road, Thornlands.	Application for temporary vehicle depot.	No date set.	Applicant Appeal against refusal.
14. AW	MC010715 Appeal 1963 of 2009-07-28 Received July 2009.	JT George Nominees P/L –v- RCC Cnr Taylor Rd & Woodlands Dve, Thornlands.	Application for preliminary approval for MCU for neighbourhood centre, open space and residential uses (pursuant to a concept master plan).	No date set.	Applicant Appeal against refusal.
15. AW	MC011526 Appeal 2194 of 2009 Received August 2009.	Ken Ryan & Assoc –v- RCC 41 Tramican Street, Point Lookout	Application for Dwelling House.	No date set.	Applicant Appeal against refusal.
16. AW	MC009598 Appeal 2271 of 2009. Received August 2009.	J G Clissold as Trustee –v- RCC 11-15 Nicholas Street, Russell Island	Application for Child Care Centre.	Adjourned for Further Review 23 June 2010. Set down for Hearing August 2010 pool (5 days).	Applicant Appeal against refusal.
17. AW	MC011579 Appeal 2345 of 2009. Received August 2009.	S Maller & Y Allayban –v- RCC 9 Piccaninny Street, Macleay Island	Application for Dwelling House.	No date set.	Applicant Appeal against refusal.
18. AW	MC011745 Appeal 3296 of 2009. Received November 2009.	S Mergler –v- RCC 106 Beelong Street, Macleay Island	Application for Dwelling House.	No date set.	Applicant Appeal against conditions of approval.
19. AW	MC010225 Appeal 3391 of 2009. Received December 2009.	M Parsons –v- RCC 65 Coondooroopa Drive, Macleay Island	Application for Dwelling House.	Adjourned for Further Review 28 April 2010.	Applicant Appeal against conditions of approval.
20. JS	MC011322 Appeal 3566 of 2009. Received December 2009.	Casagrande Investments Pty Ltd –v- RCC 537-547 Redland Bay Road, Victoria Point	Application for Multiple Dwelling (13 units)	Listed for Further Review 14 April 2010. Set down for Hearing May 2010 pool (3 days).	Applicant Appeal against refusal.
21. JS	MC009585 Appeal 290 of 2010. Received January 2010.	HIB Investments P/L –v- RCC 2-6 School of Arts Rd, Redland Bay	Application for mixed use development (shops, showroom class A, refreshment establishment)	No date set.	Application Appeal against refusal.
22 JS.	MC011754 Appeal 516 of 2010 Received February 2010.	K & KC Young –v- RCC 17 Portsmouth Place, Cleveland	Application for 3 storey dwelling house	Set down for Directions Hearing 23 April 2010.	Applicant Appeal against deemed refusal.

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 Williams
Seconded by: Cr Hobson

That the report be noted.

CARRIED

2 Closed Session

MOTION TO CLOSE MEETING

Moved by: Cr Elliott

Seconded by: Cr Williams

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 516 of 2010 – Dwelling House at 17 Portsmouth Place, Cleveland

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

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

2.2 Kinross Road Structure Plan Northern Access

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

(h) other business for which a public discussion would be likely to prejudice the interests of the local government or someone else, or enable a person to gain a financial advantage.

CARRIED

MOTION TO REOPEN MEETING

Moved by: Cr Murray

Seconded by: Cr Elliott

That the meeting be again opened to the public.

CARRIED

2.1 APPEAL 516 OF 2010 DWELLING HOUSE AT 17 POrTSMOUTH PLACE, CLEVELAND

Dataworks Filename: MC011754

Responsible Officer Name: Bruce Macnee
Group Manager – Sustainable Assessment

Author Name: Brett Dibden
Development Assessment Officer - Planning

Executive Summary

A confidential report from Group Manager Sustainable Assessment dated 7 April 2010 was discussed in closed session.

Committee Resolution

Moved by: Cr Ogilvie
Seconded by: Cr Elliott

That Committee, under delegated authority, resolve as follows:

1. That Council’s solicitors be instructed to resolve Appeal No. 516 of 2010, by allowing development of the subject site, generally in accordance with the amended plans as listed in the following table:

Plan/Document Number	Plan/Document Title	Prepared by	Date received by the Council
WD01F	Site Plan	Williamson Architects	17/11/2009
WD02La	Ground Floor Plan	Williamson Architects	16/11/2009
WD03Ha	First Floor Plan	Williamson Architects	16/11/2009
WD04Gb	Roof Plan	Williamson Architects	23/03/2010
WD05Gb	North & South elevations	Williamson Architects	23/03/2010
WD06Gb	East & West Elevations	Williamson Architects	23/03/2010
WD07Fb	Sections A-A & D-D	Williamson Architects	23/03/2010
WD08Fb	Sections B-B & C-C	Williamson Architects	23/03/2010

2. That Council’s solicitors be instructed to support the issue of a Consent Order, subject to conditions, which are consistent with the amended draft ‘Without Prejudice’ conditions; and

3. That this report and attachments remain confidential pending the outcome of the appeal.

CARRIED

2.2 KINROSS ROAD STRUCTURE PLAN - NORTHERN ACCESS

Dataworks Filename: RTT Roads

Responsible Officer Name: Greg Underwood
General Manager Planning & Policy

Author Name: David Elliott
Manager Infrastructure Planning

Executive Summary

A confidential report from Manager Infrastructure Planning dated 13 April 2010 was discussed in closed session.

Committee ReCOMMENDATION

Moved by: Cr Elliott
Seconded by: Cr Murray

1. That Council resolve to include Option A as the alignment for a trunk collector to Panorama Drive, for the purposes of finalising first state interest check and public consultation; and

2. That this report remain confidential pending public consultation of the Kinross Road Structure Plan and Priority Infrastructure Plan.

CARRIED

A division was called for.

Crs Reimers, Murray, Elliott, Williams, Ogilvie, Boglary and Townsend voted in the affirmative.

Crs Hobson and Henry voted in the negative.

Crs Bowler and Burns were absent from the meeting.

The motion was declared by the Chair as CARRIED.

3 general business

3.1 NON COMPLIANCE ISSUE VERONICA & SMITH STREETS, CAPALABA

Moved by: Cr Williams

Seconded by: Cr Reimers

That a briefing note be provided to Councillors on a non compliance issue in relation to spray drift in Veronica Street and Smith Street, Capalaba.

CARRIED

Meeting Closure

The meeting closed at 10.55am.

Signature of Chairperson:

Confirmation Date: