2. 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 10.11am.

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 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 G Stevenson PSM Chief Executive Officer

Mr B Macnee Group Manager Sustainable Assessment

Mr B Appleton Service Manager Engineering Assessment

Mr W Dawson Manager Land Use Planning

Ms J Saunders Senior Planner Project Manager Development Assessment

Minutes

Mrs J Parfitt Corporate Meetings & Registers Team Leader

Receipt and Confirmation Of Minutes

Moved by: Cr Elliott
Seconded by: Cr Bowler

That the minutes of the Development & Community Standards Committee meeting of 18 May 2010 be confirmed.

CARRIED

Public Participation At Meeting

Nil

Declaration of Interest

Nil

Motion To Alter The Order Of Business

Nil

Cr Burns left the meeting at 10.33am during closed session.

Cr Ogilvie left the meeting at 10.36am and returned at 10.58am during closed session.

Cr Murray left the meeting at 11.11am and returned at 11.13am during closed session.

Cr Murray left the meeting at 11.20am and returned at 11.27am during closed session.

Cr Henry entered the meeting at 11.29am at the completion of item 2.2.

Cr Henry left the meeting at 11.29am and returned at 11.32am during General Business.

Cr Boglary left the meeting at 11.29am and returned at 11.30am during General Business.

Cr Williams left the meeting at 11.33am and returned at 11.38am during General Business.

Crs Ogilvie and Boglary left the meeting at 11.39am during General Business.

1 development & community standards

1.1 DELEGATION TO CHIEF EXECUTIVE OFFICER UNDER TRANSPORT OPERATIONS (ROAD USE MANAGEMENT) ACT 1995

Dataworks Filename: Gov Delegations - LGA s.472

Responsible Officer Name: Gary Kirby
Group Manager Community Standards

Author Name: Donna Wilson
Acting Compliance Services Manager

Executive Summary

This report proposes that Council delegate its administrative and enforcement powers under the Transport Operation (Road Use Management) Act 1995 Section 100 Removal of things from Roads, to the Chief Executive Officer, who would then sub-delegate this power to nominated and suitably experienced Council officers.

Purpose

To recommend that Council delegate its authority to the Chief Executive Officer to administer the Transport Operation (Road Use Management) Act 1995.

Background

The Local Laws Team, within the Community Standards Group, is responsible for administering the removal of things from roads including abandoned vehicles on behalf of Council. The Transport Operation (Road Use Management) Act 1995 was passed by the Queensland Parliament in 1995, with the intent of replacing the previous Traffic Act 1949. On passing of the Act, the provisions affecting Local Governments commenced.

Section 100 states:

(1) If the Chief Executive Officer of a local government considers on reasonable grounds that a vehicle, tram or animal in the local government’s area has been abandoned on a road, other than a busway, by the person who drove or used it, or that –

· a vehicle, tram or animal in the local government’s area has been -

(i) left on a road unattended whether temporarily or otherwise for a time or in a place, condition, way or circumstances where its presence is hazardous; or

(ii) found on a road in a place, condition, way or circumstances where its presence is hazardous or in contravention of this Act; and

· the driver of the vehicle, tram or animal –

(i) can not readily be located; or

(ii) has failed to immediately remove the vehicle, tram or animal when required by the local government to do so.

(2) For subsection (1) the presence of a vehicle, tram or animal on a road is hazardous if it is causing, or is likely to cause, danger, hindrance or obstruction to traffic or is preventing, hindering or obstructing, or is likely to prevent, hinder or obstruct, the use of the road or a part of the road for lawful purpose.

(3) The local government may remove the vehicle, tram or animal from the road and detain it at a place for safe keeping.

There are also powers under section 100 to detain and dispose of the vehicle and goods, equipment or thing contained in, on or about the vehicle, including if necessary dealing with the proceeds of sale. The powers are subject to the provisions of section 100 and requirement to notify the owner of the vehicle if they can be ascertained.

Council receives on average 379 Customer Requests a calendar year relating to abandoned vehicles on road related areas. Council removes approximately 26 vehicles per annum on the grounds that the vehicles have been deemed abandoned or are in a hazardous location.

This report provides for the delegation of powers associated with the Transport Operation (Road Use Management) Act 1995. The proposed delegation allows the Chief Executive Officer to administer and enforce compliance with this legislation. The delegation to the Chief Executive Officer would then be further delegated to suitably experienced Officers under section 1132 of the Local Government Act 1993 to undertake this function.

Issues

The purpose of the Transport Operation (Road Use Management) Act 1995 is to provide for the effective and efficient management of road use in the State; and promote the effective and efficient movement of people, goods and services. The Act also aims to improve road safety and manage the environmental impact of road use in ways that contribute to overall transport effectiveness and efficiency and to provide for the effective and efficient management of vehicle use in a public place.

For Local Governments, the purpose is to be achieved by –

(a) Preventing, controlling and reducing risks of road use in the city area; and

(b) Educating the community on road related use matters.

There are a number of risks relating to the Transport Operation (Road Use Management) Act 1995 Section 100. These include the abandoning of items on road related areas that could cause a possible hazard to other road users.

Relationship to Corporate Plan

The recommendation primarily supports Council's strategic priority to build safe, strong and self reliant communities with access to community services, infrastructure and opportunities for participation in community life.

Financial Implications

There are no direct financial implications as a result of this delegation.

Consultation

The Manager Legal Services and the Manager Infrastructure Planning Group have been consulted on this matter and agree that delegated authority of the Chief Executive Officer would be the preferred option.

Options

Preferred

That Council resolve, under section 472 of the Local Government Act 1993, to delegate to the Chief Executive Officer: -

1. Authority to exercise the powers and responsibilities relating to Section 100 Removal of things from roads of the Transport Operation (Road Use Management) Act 1995.

2. The ability to sub-delegate the authority to exercise these powers and responsibilities to appropriate Officers of the Redland City Council.

Alternative

That Council, by resolution, makes decisions on the administration of this legislation – including the appointment of Officers and enforcement action against businesses or individuals.

Officer’s/COMMITTEE Recommendation

Moved by: Cr Elliott
Seconded by: Cr Hobson

That Council resolve, under section 472 of the Local Government Act 1993, to delegate to the Chief Executive Officer:-

1. Authority to exercise the powers and responsibilities relating to the Section 100 Removal of things from roads of the Transport Operation (Road Use Management) Act 1995; and

2. The ability to sub-delegate the authority to exercise these powers and responsibilities to appropriate officers of Redland City Council.

CARRIED

1.2 CATEGORY 1 - MINOR COMPLYING CODE ASSESSMENT & 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

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 102 Building and Plumbing Applications were dealt with during the period 3 May, 2010 to 14 May, 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 3 Sentosa Terrace, Macleay Island. Power Constructions. (BW001159)

2. Development application for building works approval assessed against the Redlands Planning Scheme for domestic additions at 129-147 Mount View Road, Mount Cotton Island. Bruce R Smith. (BW001140)

3. Development application for building works approval assessed against the Redlands Planning Scheme for domestic additions at 43 Frederick Street, Wellington Point. DBR Building Certification (BW001148)

4. Development application for building works approval assessed against the Redlands Planning Scheme for domestic outbuilding (Shed) at 23 Francis Street, Victoria Point. MS A M Tunnicliffe. (BW001113)

5. Development application for building works approval assessed against the Redlands Planning Scheme for domestic outbuilding (Shed) at 3 Laurette Avenue, Thornlands. Garage World Southside Pty Ltd. (BW001121)

6. Development application for a material change of use for a dwelling house at 92 Kate Street, Macleay Island. Wright Bros House Removers & Renovators Pty Ltd. (MC012164)

7. Application to upgrade a preliminary approval to a negotiated decision to vary an existing development approval for small lot house at 78 Ferry Road, Thorneside. Local Focus Design. (MC011934)

Officer’s Recommendation/
Committee Resolution

Moved by: Cr Elliott
Seconded by: Cr Hobson

That the report be noted.

CARRIED

1.3 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: Anne-Maree Sankey
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 520KB]

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 building works approval assessed against the Redlands Planning Scheme for a domestic outbuilding (Shed) at 73-75 Langdon Street, Cleveland. Mr S Bradic. (BW001123)

2. Development application for a material change of use to operate a home business (Second hand school uniform sales) at 37 Luke Street, Thornlands. Mrs Kim Mandla. (MC012067)

3. Development application for a material change of use to construct a dual occupancy at 201 Queen Street, Cleveland. Mr M and Mrs J Buckley. (MC011549)

4. Development application for a material change of use to construct a dual occupancy at 13 Howlett Road, Capalaba. Mr G Acworth. (MC012005)

5. Development application for a material change of use for a dwelling house at 21 Cypress Avenue, Russell Island. Miss N Simeonova. (MC012120)

6. Development application for a material change of use for a dwelling house at 44 Belgrave Road, Russell Island. Mr R Millar. (MC012059)

7. Development application for a material change of use for a small lot house at 80 Cavell Street, Birkdale. Antech Constructions Pty Ltd. (MC012136)

8. Development application for a material change of use for a small lot house at 339 Main Road, Wellington Point. Antech Constructions Pty Ltd. (MC012076)

9. Development application for a material change of use for a small lot house at 85 Channel Street, Cleveland. Devonbourne Homes Pty Ltd. (MC012135)

10. Development application for a material change of use for a small lot house at 1 Wilmott Street, Victoria Point. Mr S W Rabjohns. (MC012101)

11. Development application for a material change of use for a small lot house at 201 Birkdale Road, Birkdale. Ken Drew Town Planning Pty Ltd. (MC011746)

12. Development application for extending the period of approval on a material change of use for a small lot house at 50 Wellesley Street, Wellington Point. Bob Cooper Homes Pty Ltd. (MC009572)

13. Development application for extending the period of approval on a material change of use for a small lot house at 48 Wellesley Street, Wellington Point. Bob Cooper Homes Pty Ltd. (MC009571)

14. Development application for a material change of use to construct a Multiple Dwelling (x 13) at 180-182 Thorneside Road, Thorneside. Star Constructions Pty Ltd. (MC011531)

15. Development application for reconfiguration of lots at 3 Park Street, Thornlands. Statewide Survey Group Pty Ltd Consulting Surveyors. (SB005463)

16. Development application for reconfiguration of lots (1 into 2 lots) at 10-12 Liner Street, Wellington Point. Sutgold Pty Ltd. (SB005478)

17. Application to change a condition of an existing development approval for a Rural Industry, Refreshment Establishment and Caterer’s Room (Winery) at 850-938 Mount Cotton Road, Mount Cotton. Shane Denman Designs. (MC005173)

18. Application for a negotiated decision to vary an existing development approval for a Dwelling House at 28 O’Connell Parade, Wellington Point. Mr T. Gay. (MC011847)

Officer’s Recommendation/
Committee Resolution

Moved by: Cr Ogilvie
Seconded by: Cr Boglary

That the report be noted.

CARRIED

1.4 CURRENT APPEALS LIST AS AT 14 MAY 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 10 June 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.	Set down for Hearing June 2010 pool (2 days).	Applicant Appeal against preliminary approval.
4. 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.
5. 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.
6. 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 9 June 2010. Preliminary Point Hearing held 26 March 2010, awaiting judgment.	Applicant Appeal against refusal Submitter Application against PE Court Judgment
7. 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.
8. 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.
9. 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.
10. 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 14 October 2010.	Applicant Appeal against refusal.
11. 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 14 October 2010.	Applicant Appeal against refusal.
12. 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.
13. 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.
14. 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.
15. 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.
16. 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.
17. 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.
18. 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 26 May 2010.	Applicant Appeal against conditions of approval.
19. 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)	Set down for Hearing 7-11 June 2010.	Applicant Appeal against refusal.
20. 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.
21 JS.	MC011754 Appeal 516 of 2010. Received February 2010.	K & KC Young –v- RCC 17 Portsmouth Place, Cleveland	Application for 3 storey dwelling house	Settled by Consent Order 30 April 2010.	Applicant Appeal against deemed refusal.
22. JS	MC011141 Appeal 1052 of 2010. Received April 2010.	Florina Pty Ltd –v- RCC 241-259 Boundary Road, Thornlands	Application for development permit to extend existing flower farm.	No date set.	Applicant Appeal against conditions of approval.

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 Ogilvie
Seconded by: Cr Reimers

That the report be noted.

CARRIED

2 Closed Session

MOTION TO CLOSE MEETING

Moved by: Cr Williams

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 2194 of 2009 – Dwelling House at 41 Tramican Street, Point Lookout

2.2 Appeal 1034 of 2008 – Combined MCU Rezoning to Residential A & Standard Format Reconfiguration of 65 Lots at 46-48 Muller Street, Redland Bay

2.3 Appeal 3566 of 2009 – Multiple Dwelling x 13 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 Williams

Seconded by: Cr Reimers

That the meeting be again opened to the public.

CARRIED

2.1 APPEAL 2194 OF 2009 - DWELLING HOUSE AT 41 TRAMICAN STREET, POINT LOOKOUT

Dataworks Filename: MC011526

Responsible Officer Name: Bruce Macnee
Group Manager, Sustainable Assessment

Author Name: Brett Dibden
Planner - Planning Assessment

Executive Summary

A confidential Report from Group Manager Sustainable Assessment dated 14 May 2010 was discussed in closed session.

Committee Resolution

Moved by: Cr Elliott
Seconded by: Cr Murray

That Committee, under delegated authority, resolve as follows:

1. That Council’s solicitors be instructed to resolve Appeal No. 2194 of 2009 for a dwelling house and swimming pool, 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
0807 DD Sheet 1 of 2 Rev F	Site & Floor Plans	Architects Project Designs	04/05/2010
0807 DD Sheet 2 of 2 Rev F	Elevations	Architects Project Designs	04/05/2010
Engineering Certification 1 of 1 plus Attachment A	Engineering Certification & Attachment A	BCA	04/05/2010
Bushfire Threat Assessment Report	Report 1 of 1	BCA	23/04/2010
209E/030 Ref: 14057B/sw Sections 7.0 & 8.0	Geotechnical Stability Assessment Sections 7.0 & 8.0	Morrison Geotechnic	17/04/2009

2. That Council’s solicitors be instructed to support the issue of a Consent Order subject to conditions which are consistent with the draft without prejudice conditions; and

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

CARRIED

2.2 appeal 1034 of 2008 combined MCU REZONing TO RESidential A & STanDard FORMAT ReConFIGuration - 65 LOTS, 46-48 MULLER ST, REDLAND BAY

Dataworks Filename: MC009618/ SB005137

Responsible Officer Name: Bruce Macnee
Group Manager, Sustainable Assessment

Author Name: Andrew Veres
Senior Planner, Planning Assessment

Executive Summary

A confidential Report from Group Manager Sustainable Assessment dated 1 June 2010 was discussed in closed session.

Committee Resolution

Moved by: Cr Elliott
Seconded by: Cr Murray

That Committee, under delegated authority, resolve as follows:

1. That Council’s Solicitors be instructed to resolve Appeal No. 1034 of 2008 for Material Change of Use and Reconfiguration of Lots, subject to reasonable and relevant conditions, in accordance with the amended plans;

Plan Number	Plan Name & Author	Date
P028 Issue P	Knobel Plan Project No 1242	02/02/2010
P037 Issue B	Knobel Plan Project No 1242	27/01/2010
P032 Issue K	Knobel Plan Project No 1242	27/01/2010
P036 Issue C	Knobel Plan Project No 1242	02/02/2010

2. That the Chief Executive Officer be delegated authority to draft Without Prejudice conditions to support the issue of a Consent Order; and

3. That this report and recommendation remain confidential pending the outcome of the Appeal.

CARRIED

A division was called for.

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

Cr Bowler voted in the negative.

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

The motion was declared by the Chair as CARRIED.

2.3 APPEAL 3566 OF 2009 MULTIPLE DWELLING X 13 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

Executive Summary

A confidential Report from Group Manager Sustainable Assessment dated 1 June 2010 was discussed in closed session.

Committee Resolution

Moved by: Cr Elliott
Seconded by: Cr Bowler

That Committee, under delegated authority, resolve as follows:

1. To note the expert joint reports; and

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

CARRIED

3 General Business

Permission was granted for the following item of general business to be raised.

3.1 KARREMAN RESOURCE PTY LTD – COMPLIANCE

Moved by: Cr Bowler

Seconded by: Cr Murray

That a briefing note be distributed to Councillors on the history of this approval and outstanding compliance matters.

CARRIED

Meeting Closure

The meeting closed at 11.40am.

Signature of Chairperson:

Confirmation Date: