Agenda of Ordinary Meeting - Thursday, 24 March 2022

Ordinary Meeting Agenda 24 March 2022

8.1 Responding to the Climate Emergency

File No: Council meetings

Author: Coordinator Sustainability

Liveability & Natural Assets Group

Attachments: Att 1 - Embedding Climate Change......................................... 15 ⇩

purpose

The purpose of this report is to provide a progress update on zero-net emissions planning, climate risk management and steps to embed climate change into everything we do as we respond to the state of climate emergency recognised by Council in November 2021.

Executive Summary

In recognition of the latest climate science and the need for urgent action, Council formally recognised in November 2021 that we are in a state of climate emergency that requires urgent and sustained effort to achieve net zero emissions by 2041. The resolution also requested that a report be prepared on the progress of key projects and include interim recommendations that strengthen the daily actions of Council in response to the climate emergency.

In preparing a leading and comprehensive climate change response that reflects the urgency, it has become clear that the next 10 years is the decade of action globally, nationally, and locally. Council’s climate change response is, and needs to continue to focus on our emission reduction planning, proactively responding to our climate risk - so we adapt appropriately to maximise our economic, environmental and community resilience and also ensure our community is prepared and playing their part. Furthermore, our governance arrangements need to ensure that climate change is embedded into everything we do.

1. Emissions Reduction Planning

Council is working towards being a zero-net emissions organisation by 2041. As we work towards achieving this target, a comprehensive understanding of our emissions footprint has been established through monitoring and reporting on our greenhouse gas emissions over the last six years through our annual Organisational Sustainability Benchmarking Report. In 2020/21 our footprint was aligned to the Commonwealth Government’s Climate Active standard.

Our reporting has identified that at 72% of our organisational emissions footprint, waste (which is largely made up of waste produced by our community) presents one of the biggest opportunities for reductions. This is being proactively planned for through the staged implementation of organics separation (i.e. garden organics, then food organics), the application of circular economy principles and increased gas flaring and capture. Furthermore, expanding rooftop solar capacity, upgrading streetlights to energy efficient LEDs and transitioning the fleet to hybrid/electric vehicles will assist in realising our target.

A plan that provides a coordinated and integrated approach to reduce our organisational emissions in line with our target and provides an opportunity for annual adjustment in response to our performance, is being prepared for Council consideration in mid-2022.

2. Climate Risk Management

Responding to, and managing climate risk to increase the organisation’s adaptive capacity and resilience of the services and functions that we are responsible for is a critical component of Council’s climate change response.

Council, in partnership with Noosa Council, is piloting Phase 1 (out of 3) of the Queensland Climate Resilient Council’s Climate Risk Management Framework (CRMF). Part of this pilot includes developing a ‘Regional Climate Action Roadmap’ to build understanding and awareness of how climate risks will affect our region – and position Council and regional stakeholders to increase adaptive capacity and resilience by reducing our vulnerability and exposure to these risks over time.

Due for completion by the end of May 2022, Phase 1 of the Climate Risk Management Framework has already delivered a number of outcomes including, community and staff surveys, regional industry and community leader workshops and the preparation of resources to raise awareness and understanding of climate impacts/risks, to be made available through a community-facing project website.

Delivery of this Pilot and subsequent phases of the Climate Risk Management Framework would assist to improve our organisational capacity and capability to address climate risks. Following the completion of the pilot project, it is proposed to present the outcomes of the project in mid-2022.

3. Community Readiness

Across both emissions planning and climate risk management there is also an ongoing need for Council to provide leadership and support for our community to reduce their own emissions and increase their own adaptive capacity and resilience to a changing climate. It is proposed that an emissions reduction plan would be developed to support our community as part of our response.

Embedding Climate Change into everything we do

Embedding climate risk considerations is extremely challenging for large organisations. Council has a strong governance framework (Attachment 1) to support the delivery of sustainable outcomes and services for our community.

To embed climate change more effectively into organisational business and assist to strengthen the daily actions of Council in response to the climate emergency, three governance components - our Corporate Goals and Pathways (Policy and Planning), Organisational Framework (Governance Oversight) and Accountability Framework (Systems and Processes) provide opportunities for review and continual improvement.

As part of our organisational response to the climate emergency, a number of interim opportunities have been identified that would ensure we are collectively building organisational capacity, responding to risk, and delivering actions for a more resilient Sunshine Coast.

Officer Recommendation

That Council:

(a) receive and note the report titled “Responding to the Climate Emergency”

(b) note the project updates provided in regard to Council’s zero-net emissions planning and climate risk management and

(c) note the interim opportunities identified to help progress our organisational response to the climate emergency.

Finance and Resourcing

Responding to climate risk is complex and planning needs to occur early to ensure the organisation is in a strong position to respond.

While significant investments will be required in the short-medium term as part of our response, these need to be considered in the context of the longer term environmental, economic and social benefits that will emerge as Australia’s most sustainable region from reducing our emissions, expanding renewables and increasing our adaptive capacity and resilience to a changing climate.

Resourcing and budgets to respond to climate change and deliver a strategic and integrated approach will need to form part of the organisation’s ongoing ‘business as usual’ financial planning, including consideration during the annual operational and capital budget development process.

Opportunities to secure Grant funding outside of Council budgetary processes will be pursued when available and Expressions of Interest have been submitted to support the ongoing climate risk planning for the organisation and implementation of Council’s Coastal Hazard Adaptation Strategy.

Corporate Plan

Corporate Plan Goal: Our environment and liveability

Outcome: 2.1 - A resilient region shaped by clever planning and good design

Operational Activity: 2.1.1 - Progress priority activities from the Environment and Liveability Strategy 2017 five-year implementation plan including: developing a climate risk mitigation framework building community capacity to positively respond to climate change.

Consultation

Councillor Consultation

A Councillor workshop was held in regard to Council’s response to the climate emergency.

Environment and Liveability Portfolio Councillor M Suarez, Councillor P Cox and Councillor D Law have been briefed on this report.

Internal Consultation

Internal consultation on our emissions reduction through zero-net emissions planning has included engagement with, and input from key stakeholders from across five Council Groups and 16 branches and the Office of the CEO in recognition of the collaborative response required to realise our target.

Internal consultation on our climate risk management through the delivery of the Regional Climate Action Roadmap Project has included a staff climate risk survey, four climate risk workshops and a senior leadership workshop with managers and executives.

External Consultation/Community Engagement

Delivery of the Regional Climate Action Roadmap Project has incorporated a range of external engagement activities including a community climate risk survey and three online stakeholder roundtables with community and industry representatives from across the broader Sunshine Coast to explore key climate risk concepts, develop a shared understanding, awareness and ultimately responsibility for, taking positive climate action.

Proposal

Council recognises that the next ten years needs to be a decade of climate change action globally, nationally and locally. Council’s climate change response is, and needs to continue to focus on our emission reduction planning, proactively responding to our climate risk - so we adapt appropriately to maximise our economic, environmental and community resilience and ensure our community is also adequately prepared to play their part in the response.

1. Emissions Reduction Planning

The Sunshine Coast Council’s Environment and Liveability Strategy (2017) has set a target to be a zero-net emissions organisation (and low carbon community) by 2041. Council is developing a plan to identify a suite of priority emissions-reducing actions across all of its operations and activities.

It is important that we start now to reduce our emissions within this decade. According to Council’s greenhouse gas inventory and emissions trajectory (aligned to the Commonwealth Government’s Climate Active standard), our biggest opportunities for emissions reduction are in the areas of waste, supply chain procurement, expansion of rooftop solar/renewable energy, streetlighting upgrades and a transition of our fleet to hybrid/electric vehicles.

Implementing FOGO (food organics garden organics) and increasing gas capture and flaring will contribute to reducing greenhouse gas emissions at our landfills, however broader community education is key to reduce the amount of waste produced in the first instance.

A critical component of the plan is the inclusion and implementation of open and transparent annual monitoring and reporting of our emissions to inform the necessary action required for the year ahead so that Council remains on track to meeting its zero-net emissions target.

While the current zero-net emissions planning focuses on Council’s organisational greenhouse gas emissions, it is recognised that an emissions plan would be developed to support our community work towards our low carbon community target.

2. Climate Risk management

There is a need for an integrated response that covers the full suite of climate risks - economic, environmental and social – and how we systemically embed this response across everything we do.

Following on from the development of the Coastal Hazard Adaptation Strategy which looked at our changing coastal hazard risk resulting from climate change, Sunshine Coast Council and Noosa Council are jointly developing a Regional Climate Action Roadmap (RCAR), to build understanding and awareness of how broader climate risks will affect the service delivery of each Council and what that means for the region, our economy and community.

This work is being funded through the Local Government Association of Queensland (LGAQ) as part of the Queensland Government’s Climate Resilient Councils Program (QCRC). This funding is to pilot Phase 1 of the 3 Phases included in the draft Climate Risk Management Framework and Guidelines, developed by Local Government Association of Queensland, Griffith University and the Department of Environment and Science (DES).

As we collectively respond to climate change, recent community and Council staff engagement have confirmed that urgent action is required. The engagement also identified improving both the capacity and capability of staff and the broader community to respond to climate change as a critical and ongoing step.

Phase 1 of the regional project has delivered:

· Completion of Council staff (295) and Sunshine Coast community (1,113) surveys, on climate risk awareness and understanding.

· Completion of first-pass risk assessment workshops with over 50 Council staff to better understand how climate risks may affect the services and infrastructure that we manage and deliver.

· Three online stakeholder roundtables held with over 80 key industry and community leaders from across the broader Sunshine Coast region to develop a shared understanding, awareness and ultimately responsibility for, taking positive climate action.

· a senior leadership workshop with Council managers and executives to review the first-pass risk assessment outcomes and identify priority actions.

· Preparation of resources to raise awareness and understanding of climate impacts/risks, made available through a community-facing project website.

The Pilot is on track for completion by the end of May 2022 with the preparation of a draft Roadmap for regional climate action. To continue this work, and deliver best practice climate risk reduction approaches, an EOI to the Queensland Reconstruction Authority for grant funding to work with regional utility and key infrastructure providers to address climate risks resulting from critical infrastructure failure was submitted.

3. Community Readiness

Across both emissions reduction planning and climate risk management there is an ongoing need for Council to provide leadership and support for our community to reduce their own emissions and increase their own adaptive capacity and resilience to a changing climate. It is proposed that a low carbon emissions plan would be developed to support our community as part of our response.

Embedding Climate Change into everything we do

The extent to which climate change and associated risks is considered in Council’s core governance processes will directly affect the strength of Council’s climate change response to both effectively reduce its emissions, and manage the vulnerability and exposure to the impacts of a changing climate.

Our governance arrangements need to ensure climate change is embedded into everything we do and that:

· We are leading by example, communicating our commitment and building community confidence that we are taking meaningful and timely climate change action – making our climate change response more visible.

· Our governance is strong, which covers capacity, decision making processes, resourcing and embedding our climate change response into our organisational culture and associated behaviors.

· All climate risks – the physical and the transition risks - are known and avoided, or otherwise adequately addressed, forming part of long-term adaptation planning.

· We are responding to the risks and focusing on delivering the required priority actions that build on existing actions and respond to the gaps and maximise the opportunities across the organisation and for our community.

· We are monitoring, reporting and evaluating the effectiveness of meeting defined targets/measures in a transparent way and making the required adjustments to remain on track.

· Climate risk information is made available in a form that is easily understood to build increased ownership, awareness and responsibility in responding.

Council has a strong corporate governance framework (Attachment 1) to ensure we collectively build organisational capacity, respond to risk, and deliver actions for a more resilient Sunshine Coast. However in doing so, three components of our governance that provide opportunity for both review and continuous improvement in regard to climate change are:

a) Corporate Goals and Pathways – our policy and planning

We need to ensure our policy framework and supporting documents reflect both the urgency and our strategic climate change response across our environment and liveability, economic development and community planning as Australia’s most sustainable region.

Opportunities / interim actions

- Update Council’s Corporate Plan and all new organisational strategies and plans to appropriately reflect the climate emergency and associated urgency.

- Finalise and subsequently implement emissions reduction planning.

- Draft and implement a corporate climate risk/sustainability policy and supporting guidelines.

b) Organisational Framework – governance oversight

We need to ensure that the structural elements are set in place that provide good governance, democratic representation, ethical decision making, social inclusion and meaningful community engagement in regard to climate change.

Opportunities / interim actions

- Consider the establishment of an executive/senior leadership climate change working group to provide organisational oversight

- Incorporate consideration of Climate Change/Sustainability as a new reporting requirement in Ordinary Meeting and Council workshop agenda reports

- Investigate partnership opportunities and consider establishing arrangements where external expertise / advice can be provided to Council to help inform our climate change response.

c) Accountability Framework – systems and processes

We need to ensure that functions, systems and activities that provide assurance of transparency, ethical behavior and sustainable financial management of community assets and infrastructure are in place in regard to climate change.

Opportunities / interim actions:

- Continue to deliver best practice climate risk reduction approaches whereby our response to climate risk is embedded into what we do. For example, finance, capital planning, and asset management and delivery.

- Increase the visibility of Council’s climate change response on the corporate website

Legal

There are no legal implications relevant to this report.

Policy

Delivering on the climate emergency resolution (OM21/117) and the need for transformational change to respond to climate change over the coming decade is supported by a number of Environment and Liveability Strategy 2017 (ELS) initiatives.

Risk

Continuing to further understand our climate risk and take proactive action to implement emissions and climate risk reduction initiatives is expected to deliver significant reputational and financial benefits.

Previous Council Resolution

Ordinary Meeting 10 November 2021 (OM21/117)

That Council:

(a) acknowledges the significant action already undertaken through the implementation of the Sunshine Coast Council Environment and Liveability Strategy (ELS) 2017 towards mitigation and reduction of Greenhouse Gas Emissions

(b) accepts the Sixth Assessment Report (August 2021) of the United Nations Intergovernmental Panel on Climate Change (IPCC) which reveals that the Earth's climate has deteriorated dramatically since they last reported six years ago; and in response to same:

(i) recognises that we are in a state of climate emergency that requires urgent and sustained effort to achieve net zero emissions by 2041

(ii) request the Chief Executive Officer to investigate the governance structure/framework necessary for a whole of Council response to the climate emergency that strengthens the daily actions of Council to the emergent need and prepare a report with relevant recommendations for Council's consideration by 31 March 2022 and

(iii) notes that Council does not require the endorsement or recognition from any third party or external organisation to give effect to this resolution

Related Documentation

Annual Organisational Environmental Sustainability Benchmarking Report - https://www.sunshinecoast.qld.gov.au/Council/Budget-Financial-and-Annual-Reports/Organisational-Environmental-Sustainability-Reporting

Critical Dates

In response to OM21/117, this report needs to be presented to Council for their consideration by 31 March 2022.

Implementation

Should the recommendation be accepted by Council, it is noted that the Chief Executive Officer would continue to lead Council’s climate emergency response, including:

· Update Council’s Corporate Plan and all new organisational strategies and plans to appropriately reflect the climate emergency and associated urgency.

· Finalisation of the emissions reduction planning for Council consideration.

· Draft and implement corporate climate risk / sustainability policy and supporting guidelines.

· Establish an executive/senior leadership climate change working group to provide organisational oversight.

· Incorporate consideration of Climate Change/Sustainability as a new reporting requirement in Ordinary Meeting and Council workshop agenda reports.

· Investigate partnership opportunities and consider establishing arrangements where external expertise / advice can be provided to Council to help inform our climate change response.

· Continue to deliver best practice climate risk reduction approaches (such as the Queensland Government’s Climate Resilient Climate Risk Management Framework).

· Increase the visibility of Council’s climate change response on the corporate website.

Ordinary Meeting Agenda 24 March 2022

8.2 Development Application for Material Change of Use (Resort Complex, Food & Drink Outlet, Shops, Function Facility and Bar) and Operational Works at 10 & 16 Brisbane Rd and 7 & 9 First Ave, Mooloolaba

File No: MCU21/0342 & OPW21/0528

Coordinating Officer - Team Leader Planning Assessment

Customer Engagement & Planning Services Group

External Independent Assessment Team – Ethos Urban

Appendices: App a - Recommended Conditions of Approval................... 23 ⇩

Attachments: Att 1 - Detailed Assessment Report by External Independent Assessment Team - Ethos Urban............................................................................. 67 ⇩

Att 2 - Architectural Plans...................................................... 227 ⇩

Att 3 - SARA Referral Agency Response.............................. 263 ⇩

Link to Development.i:

https://developmenti.sunshinecoast.qld.gov.au/Home/FilterDirect?filters=DANumber=MCU21/0342

*SUMMARY SHEET*
Applicant:	KPAT Mooloolaba Pty Ltd
Applicant’s Consultant:	Project Urban Pty Ltd
Land Owner:	Sunshine Coast Regional Council
External Independent Assessment Team:	· Ethos Urban (Lead)
Proposal	· Development Permit for Material Change of Use of Premises to Establish a Resort Complex (182 hotel short term accommodation rooms), Food & Drink Outlet, Shops, Function Facility and Bar; and · Development Permit for Operational Works (Roadwork, Landscaping, Stormwater and Earthworks)
Properly Made Date:	20 September 2021
Information Request Date:	18 October 2021
Information Response Date:	16 December 2021
Further Advice Date:	25 January 2022
Further Advice Response Date:	15 February 2022
Decision Due Date:	24 March 2022
Number of Properly Made Submissions:	Not Applicable (code assessment)
*PROPERTY DETAILS*
Division:	4
Property Address:	10-16 Brisbane Road and 7-9 First Avenue MOOLOOLABA
RP Description:	Lots 67-69 RP52440 and Lot 73 RP73443
Land Area:	2998m²
Existing Use of Land:	At grade public carpark
*STATUTORY DETAILS*
Planning Scheme:	Sunshine Coast Planning Scheme 2014 (24 May 2021)
SEQRP Designation:	Urban Footprint
Sunshine Coast Planning Scheme Zone:	District Centre Zone
Assessment Type:	Code Assessment

purpose

The purpose of this report is to seek Council’s determination for the following proposed aspects of development at 10 & 16 Brisbane Road and 7 & 9 First Avenue, Mooloolaba:

· Development Permit for Material Change of Use of Premises to Establish a Resort Complex (182 hotel short term accommodation rooms), Food & Drink Outlet, Shops, Function Facility and Bar; and

· Development Permit for Operational Works (Roadwork, Landscaping, Stormwater and Earthworks).

The application is before Council because it involves a Council-owned land parcel that is subject to a sale upon any approval of the application. The application has been assessed independently by a party external to Council – Ethos Urban.

In considering this report, Council is required to exercise its decision making responsibility in the capacity of the ‘assessment manager’ under the Planning Act 2016, that is, as the local planning authority. This report and recommendation has no connection or regard to the current ownership arrangements of the land.

Executive Summary

The applicant seeks to obtain approval to develop the land for a Resort Complex (namely, a 4.5 star hotel), integrated with a roof top bar and street level public plaza and shops.

The land is currently under the ownership of Sunshine Coast Council and so an external assessment team, led by planning consultants Ethos Urban, was commissioned to carry out a full and independent assessment of the application against the Sunshine Coast Planning Scheme 2014 on Council’s behalf.

The external assessment team assembled by Ethos Urban includes:

· Ethos Urban (town planning and project management)

· Gomango Architects (architecture and urban design)

· Bitzios Consulting (traffic engineering)

· Vee Design (landscape assessment)

· Trinity Consultants (odour, waste, lighting and acoustic assessment)

· Bligh Tanner (civil engineering)

The external independent assessment team maintained carriage of all aspects of the assessment, including project management and the statutory application process steps through the Planning Act 2016 and Development Assessment Rules.

The purpose for commissioning the independent assessment team was to ensure a necessary arms’ length relationship between Council’s role as the current property owner and Council’s statutory obligation as assessment manager for development applications made under the Planning Act 2016.

The detailed assessment report in Attachment 1 outlines the full assessment and recommendations of the independent assessment team. The team conclude that the proposed development sufficiently complies with the requirements of the Sunshine Coast Planning Scheme 2014 and does not raise issues that cannot be addressed by reasonable and relevant conditions. The independent assessment team has recommended the development application be approved, subject to the recommended conditions contained in Appendix A, which have also been drafted by the independent team.

Officer Recommendation

That Council:

(a) receive and note the report titled “Development Application for Material Change of Use (Resort Complex, Food & Drink Outlet, Shops, Function Facility and Bar) and Operational Works at 10 & 16 Brisbane Rd and 7 & 9 First Ave, Mooloolaba” and

(b) note the external independent assessment team recommendation and APPROVE application nos. MCU21/0342 and OPW21/0528 and, subject to reasonable and relevant conditions at Appendix A, grant:

(i) a Development Permit for Material Change of Use of Premises to Establish a Resort Complex (182 hotel short term accommodation rooms), Food & Drink Outlet, Shops, Function Facility and Bar, and

(ii) a Development Permit for Operational Work (Roadwork, Landscaping, Stormwater and Earthworks) and

(c) delegate authority to the Chief Executive Officer to determine all future requests for a negotiated decision notice and requested changes to the approval where the changes would not have a material impact on the outcome of the original decision.

Finance and Resourcing

Infrastructure charges are applicable to the proposed development and will be levied upon the granting of any development permit.

Corporate Plan

Corporate Plan Goal: Our service excellence

Outcome: We serve our community by providing this great service

Operational Activity: S19 - Development services – planning, engineering, plumbing and landscaping approvals, provision of specialist advice to the community on planning requirements, audit of private development works, investigation of complaints from the public around land use or development, management of appeals.

Consultation

Councillor Consultation

The Divisional Councillor J Natoli has been consulted during the application process. All Councillors have been provided with regular updates prepared by the independent assessment team.

Internal Consultation

The application underwent full assessment by an external independent assessment team, and therefore was not referred to internal Council specialists for assessment. Where necessary, informal Council officer feedback was provided to assist with obtaining information and guidance on policy requirements throughout the application process.

External Consultation

The application was referred to the following Referral Agencies in accordance with the Planning Act 2016 and the Planning Regulation 2017:

Department of State Development, Infrastructure, Local Government and Planning

The Department is a referral agency for:

· Planning Regulation 2017 - Schedule 10, part 9, division 4, subdivision 1 – State transport infrastructure impacts

The Department responded by letter dated 6th January 2022 advising it had no requirements for the development. Further details are described in the detailed assessment report in Attachment 1.

Community Engagement

The application is code assessable and therefore public notification of the application is not a statutory requirement under the Planning Act 2016.

Proposal

The applicant seeks to obtain approval to develop the land for a resort complex (namely, a 4.5 star hotel), integrated with a roof top bar and street level public plaza and shops.

The full details for the proposal and its assessment by the independent assessment team are outlined in the detailed assessment report in Attachment 1, including detailed technical discipline assessment from each member of their team.

In relation to the Sunshine Coast Planning Scheme 2014, the following relevant codes were included as part of their assessment:

· Local plan code

o Mooloolaba/Alexandra Headland Local Plan Code

· Zone code

o District Centre Zone Code

· Overlay codes

o Height of Buildings And Structures Overlay Code

o Acid Sulfate Soils Overlay Code

o Airport Environs Overlay Code

o Coastal Protection Overlay Code

o Flood Hazard Overlay Code (localised flooding along Brisbane Road)

· Use codes

o Business Uses And Centre Design Code

o Multi-unit Residential Uses Code

o Development codes

o Transport and Parking Code

o Stormwater Management Code

o Landscape Code

o Nuisance Code

o Waste Management Code

o Safety and Security Code

o Sustainable Design Code

o Works, Services and Infrastructure Code

Legal

In relation to the development application, there are no legal implications relevant to this report. However, Council’s decision on the development application can be appealed to the Planning and Environment Court by the applicant. Council will proceed with any required actions resulting from any legal action.

Policy

The development application has been processed under the Planning Act 2016 and assessed against the Sunshine Coast Planning Scheme 2014 and all relevant Council policies.

Risk

Council’s decision on the development application can be appealed to the Planning and Environment Court by the applicant. Council will proceed with any required actions resulting from any legal action.

Being a code assessable application, there is a risk that should Council not decide the application by 24 March 2022 the applicant will become entitled to notify Council that it has taken Council’s decision to be a “deemed approval” of the application in accordance with the Planning Act 2016.

Previous Council Resolution

There is no previous Council resolution which is applicable to assessment of this current development application.

Related Documentation

A copy of the detailed assessment report prepared by Ethos Urban on behalf of the independent assessment team is included as Attachment 1 to this report.

A copy of the architectural plans associated with the proposed development are included as Attachment 2 to this report.

A copy of the State Government’s SARA referral agency response is included as Attachment 3 to this report.

Critical Dates

The statutory decision due date for the application is 24 March 2022. Being a code assessable application, should Council not decide the application by this date then the applicant will become entitled to notify Council that it has taken Council’s decision to be a “deemed approval” of the application in accordance with the Planning Act 2016.

Implementation

Should the recommendation be accepted by Council, it is noted that the Chief Executive Officer will communicate the outcome of Council’s resolution to the applicant as appropriate.

Ordinary Meeting Agenda

Item 8.2 Development Application for Material Change of Use (Resort Complex, Food & Drink Outlet, Shops, Function Facility and Bar) and Operational Works at 10 & 16 Brisbane Rd and 7 & 9 First Ave, Mooloolaba

Attachment 1 Detailed Assessment Report by External Independent Assessment Team - Ethos Urban

24 March 2022

Ordinary Meeting Agenda 24 March 2022

8.3 Management of Requests for Road Closure Applications

File No: Council Meetings

Author: Manager Transport and Infrastructure Planning

Built Infrastructure Group

Appendices: App a - Draft Strategic Policy for Management of Requests for Road Closure Applications............................................................................. 275 ⇩

purpose

The purpose of the report is to seek Council’s consideration and adoption of a Strategic Policy for the Management of Requests for Road Closure Applications.

Executive Summary

Applications for permanent and temporary road closures are submitted to and processed by the State Government’s Department of Resources. As a first step, applicants are required to procure Council’s position on their application. Council’s Property Management Branch then seeks input from across the organisation to inform a single response to the Department of Resources. There has been a long-held concern that Council and community interests lack the support of a policy position guiding staff responses. Currently there is no policy guiding staff responses to road closure applications. To address this situation, a draft strategic policy has been prepared and is attached for consideration and adoption by Council.

This strategic policy is needed in order for Council to have an appropriate level of confidence that the community’s best interests are served when responding to requests for road closure applications. [Note that the proposed policy is not dealing with applications for short-term road closures in connection with, for example, traffic management matters.]

It is considered important that Council has a policy position regarding the consideration of applications for temporary and/or permanent road closures, where the proposed changed use will remove or impact public access. The policy would provide consistency across Council when officers provide feedback to proposed road closure applications. It does not preclude the potential to support a road closure application should community benefit assessment allow. (The Policy provides examples for guidance).

The draft Policy recognises the many values that unused Road Reserves hold for the community, including:

· Preservation of Function

· Preservation of existing and future community benefit

· Preservation of future access

· Changing land use

· Minimising future cost

· Enhancing environmental protection.

The long-term vision is to preserve and protect road reserves for the benefit of existing and future communities.

Unused road reserves hold a future benefit, for a future community and this potential is to be protected and preserved, notwithstanding that the future benefit may not yet be known.

A draft strategic policy has been prepared and is attached as Appendix A - Draft Strategic Policy for Management of Requests for Road Closure Applications for consideration and adoption by Council.

Officer Recommendation

That Council:

(a) receive and note the report titled “Management of Requests for Road Closure Applications” and

(b) adopt the Draft Strategic Policy for Management of Requests for Road Closure Applications (Appendix A).

Finance and Resourcing

There are no financial or resourcing requirements resulting from the preparation of this report or implementation of the proposed Policy.

Corporate Plan

Corporate Plan Goal: Our strong community

Outcome: We serve our community by providing this great service

Operational Activity: S7 - Roads, cycleways and pathways – maintaining and improving the road network and associated assets (sealed and gravel roads, bridges and pathways), vegetation management, construction and project delivery services, permit fees, private works and levies.

Corporate Plan Goal: Our environment and liveability

Outcome: We serve our community by providing this great service

Operational Activity: S14 - Sustainable growth and network planning – providing land use planning, social policy, infrastructure planning and charges, flood mapping, transportation planning and environmental initiatives.

Consultation

Councillor Consultation

Consultation has been undertaken with all Councillors.

Internal Consultation

The draft policy was developed in consultation with the following internal stakeholders:

· Transport Infrastructure Management Branch

· Transport and Infrastructure Planning Branch

· Property Management Branch

· Strategic Planning Branch

· Development Audit and Response

· Environment and Sustainability Policy Branch

· Executive Leadership Team

· Corporate Governance Branch

· Strategic Property Branch

External Consultation

The Department of Resources has been made aware of this Policy development and has no concerns.

Community Engagement

There has been no community engagement undertaken in relation to this report.

Proposal

Current Process and Background

Applications for road closures are directed to the State Government Department of Resources, with comments sought from Council and other stakeholders, to assist the Department of Resources in making a decision. Comments are collated, and a co-ordinated response is provided to the Department of Resources by Council’s Property Management Branch.

Additional information is sometimes sought by the Department of Resources to clarify Council’s comments.

Advice on the ultimate response to the applicant is provided back to Council by the Department of Resources.

Management of road closure applications is a matter of importance within the Sunshine Coast Council Local Government Area and across Queensland local government as a whole.

Policy Statement

Council is committed to the preservation and protection of road reserves for the benefit of existing and future communities across the region. Council recognises that road reserves, regardless of current utilisation, are a vitally important asset for the region both now and into the future. The long-term vision is to preserve and protect road reserves for the benefit of existing and future communities.

In order to protect these assets, the majority of applications made to the Queensland State Government’s Department of Resources are not supported as they do not meet Council’s preparedness for supporting permanent road closures.

This proposed policy provides a framework for the consistent assessment of permanent road closure applications and response to the Queensland State Government, which aims to ensure consistency across all areas of Council operations and the submission of consistently informed responses on all applications.

Unused road reserves hold a future benefit, for a future community and this potential is to be protected and preserved, notwithstanding that the future benefit may not yet be known.

Principles

The legislatively established process in the Land Act 1994 and supporting documentation delivers a framework for officers to provide advice of support or objection to the State, based on a number of considerations. This proposed policy states Council’s position to guide officers’ assessments and comments.

The key guiding principles for the protection of road reserves are:

· Preservation of function – road reserves typically provide for the movement of people and goods by way of existing and future use by vehicles, cyclists and pedestrians, but also accommodate other uses such as the right of way for utility services, and community amenity through space for trees and streetscaping. The policy position is to preserve this potential.

· Preservation of existing and future community benefit – preservation of public land for future generations is in keeping with Council’s vision, by protecting the potential for connectivity, amenity and green spaces, particularly as population growth continues and unused road reserves will grow in community value and will eventually realise their potential.

· Preservation of future access – many undeveloped road reserves provide accessibility to key locations such as waterways and quiet green spaces. The policy position is to preserve and protect future accessibility to waterways, conservation areas and public spaces.

· Changing land use – The full benefit of an existing road reserve, yet to be realised, may be revealed by future land use changes, over time. Councils generally review and develop new Planning Schemes every 10 or so years. Preserving road reserves will allow future community benefits from land use changes to be realised.

· Minimise future costs – road reserves facilitate the provision of utility services such as water supply, sewerage, telecommunications and electricity, as well as transport related outcomes. There could be significant cost to purchase land parcels in the future, driven by relinquishing an existing road reserve, should a requirement become necessary. The policy position protects the possible unnecessary use of community funds in buy-back investments in the future.

· Enhance environmental protection – Preserving all or parts of undeveloped road reserves for the protection of remnant vegetation and key corridors for fauna and flora in community ownership is crucially important. The policy position recognises the importance of preserving environmental corridors.

Policy Focus

This strategic policy is considered necessary in order to have an appropriate level of confidence that the community’s best interests are served when responding to requests for road closure applications. [Note that the policy is not dealing with applications for short-term road closures in connection with traffic management matters.] The following four fundamental aspects must be considered in the assessment of all applications:

Loss of potential future benefit – The Council response to Department of Resources in relation to road closure applications is required to be directed to current known impacts on Council’s operational capabilities. Most often, the real need in preserving road reserves, in full or part, is to protect an opportunity for a future generation, a yet to be discovered future benefit.

Department of Resources request for comment from Council is focussed on foreseeable community needs. The proposed policy states that where these needs have not yet been identified or “tapped into” should not provide the basis for disposing of the asset by way of a road closure.

The future benefits may relate to recreational open space, preservation of linear fauna and flora linkages as well as the potential to restore and enhance nature’s potential. Many unutilised road reserves, in full or in part, provide buffers to urban and agricultural activity that will, with future population growth, take on greater importance and community value.

Loss of environmental value – The future benefits may relate to recreational open space, preservation of linear fauna and flora linkages by way of the potential to restore and enhance nature’s potential. Many unutilised Road Reserves, in full or in part, provide buffers to urban and rural activity that will, with future population growth, take on greater importance and increased community value.

Loss of access – Many of the unutilised rural road reserves lead to water courses, major and minor, where areas adjacent to streams are currently available to the community notwithstanding that the community may be unaware. Access to and through these attractive areas needs to be preserved, for the benefit of flora and fauna preservation and for the enjoyment of current and future generations. It is vitally important to protect access to and through these reserves into the future as their importance will gain in stature as the Sunshine Coast Regional Council population grows from approximately 350,000 (2021) to approximately 518,000 (2041) and continued growth beyond.

Future costs – Many road reserves serve multiple purposes, providing connectivity for transport and corridors for locating energy, water supply, sewerage, and telecommunications infrastructure. Sections of road reserve lost in the past through road closures have required to be purchased back or alternative routes found, to meet the infrastructure needs of community. This financial burden on community is unnecessary and future recurrences should be avoided.

Road reserves, regardless of current utilisation, are considered to be a vitally important asset for the region. Therefore, the vast majority of applications for permanent closure would not be supported and this should be Council’s starting position in all instances.

Only in extenuating circumstances will a permanent road closure be supported by Council.

Examples where a permanent road closure application might attract support is where the closure:

· is of a minor nature, (e.g. a minor boundary truncation),

· is part of an equivalent land swap facilitating an equivalent or improved corridor, providing and/or preserving community benefit,

· addresses an untenable situation for a property owner, or,

· involves the installation of essential utility infrastructure.

A temporary road closure would generally be supported, with conditions, as it provides an acceptable interim solution while preserving future community benefits.

Legal

There are currently no known legal issues relating to this report.

Policy

The proposed Policy recognises the current Department of Resources Guideline Roads under the Land Act 1994 (Version 5) 2 July 2020 which document provides guidance to State Government officers on how roads are managed under the Land Act 1994.

Risk

The primary risk is that without a Policy, loss of community assets will follow. There is a further financial risk where lost assets/road reserves may need to be “re-purchased”.

Previous Council Resolution

There are no previous Council Resolutions relating to this report.

Related Documentation

There is no related documentation relevant to this report.

Critical Dates

While there is no specific/critical date relating to this report, there is a certain ‘time is of the essence’ need to have this Policy come into effect without delay.

Implementation

Should the recommendation be accepted by Council, it is noted that the Chief Executive Officer will:

(i) Have the Policy entered into Council’s Policy Register

(ii) Advise the necessary areas of the organisation of the need to refer to this Policy and be guided accordingly when responding to applications for Road Closures, and

(iii) Formally write to the Department of Resources, advising of Council’s decision, providing a copy of the Policy.

Ordinary Meeting Agenda 24 March 2022

8.4 Infrastructure Charges Resolution Amendments

File No: F2021/101495

Author: Manager Transport and Infrastructure Planning

Built Infrastructure Group

Appendices: App a - Sunshine Coast Regional Council Infrastructure Charges Resolution (No. 9) 2022............................................................................... 287 ⇩

Attachments: Att 1 - Sunshine Coast Regional Council Infrastructure Charges Resolution (No. 8) 2019 - Tracked Changes..................................................... 319 ⇩

purpose

The purpose of this report is to seek Council’s approval to amend the current Infrastructure Charges Resolution.

Executive Summary

Council’s Infrastructure Charges Resolution is a statutory document that gives Council the ability to levy infrastructure charges, which revenue contributes significantly towards the provision of trunk infrastructure required to support growth. The current version of the Resolution is the Infrastructure Charges Resolution (No. 8) 2019.

Under the provisions of the Planning Act 2016 (the Act), to amend the existing Resolution requires Council, by resolution, to adopt a new Infrastructure Charges Resolution. This report seeks Council’s approval to adopt a new Resolution, with the following changes proposed:

· A reduction in the adopted charge rate for long term accommodation uses for community residences and rooming accommodation (e.g., a boarding house).

· Administrative correction to the unit of measure for 'community residence and rooming accommodation’ use.

· Removal of the 30% reduction to the charge for the Roads and Parks proportion of Council’s charge for retirement facilities.

· Addition of a function facility charge rate associated with a ‘resort complex’ development, together with associated administrative clarification provided.

· The Schedule of adopted charges in the Resolution has also been updated to reflect the current prescribed amount (maximum charge), as set yearly by the State Government in the Planning Regulation, Schedule 16.

Details addressing these issues are provided in the body of this report. It is proposed that Council adopts the amended Sunshine Coast Regional Council Infrastructure Charges Resolution (No. 9) 2022 (Appendix A).

Officer Recommendation

That Council:

(a) receive and note the report titled “Infrastructure Charges Resolution Amendments” and

(b) adopt the Sunshine Coast Regional Council Infrastructure Charges Resolution (No. 9) 2022 (Appendix A).

Finance and Resourcing

The proposed amendments to the Resolution will result in minor change only to Council’s future infrastructure charges revenue with no discernible impacts to Council’s investment in trunk infrastructure.

Costs incurred in developing the changed document and associated media costs in communicating the changes will be managed within current budget allocations.

Corporate Plan

Corporate Plan Goal: Our environment and liveability

Outcome: We serve our community by providing this great service

Consultation

Councillor Consultation

Councillor E Hungerford, Councillor J Natoli and Councillor D Law have been consulted on the proposed changes and implications.

Internal Consultation

No internal consultation was carried out in relation to this report.

External Consultation

No external consultation was carried out in relation to this report.

Community Engagement

There has been no community engagement involved in the preparation of this report.

Proposal

Background

Council’s ability to levy infrastructure charges is provided under the Planning Act 2016 (the Act). The Act sets the maximum charge rates that can be applied by local governments for development approvals for the various use types. Councils can then, by resolution, choose to apply an infrastructure charge and set infrastructure charges at or below the maximum, as is deemed appropriate. Under the current Resolution, Council’s adopted charge rates are generally, with a few exceptions, at the maximum charge allowed under the legislation.

The charge rates set in the Resolution are the total charge which is then split between Unitywater and Council for their respective trunk networks. The split is based on an agreed apportionment under a breakup agreement, which is provided in Council’s Infrastructure Charges Resolution. The Act provides that where a less than maximum charge is adopted by Council, Unitywater is entitled to its apportionment of the maximum amount, therefore the Council charge is effectively what remains. As an example, if the maximum charge rate was $100, but Council adopted a lesser charge rate of $60, and agreed apportionment was 50/50, Unitywater would receive $50 of the charge and Council, $10.

The following outlines each of the proposed changes to the current Resolution, recommended to be adopted as a new Resolution No.9:

a) Charge rate for community residences and rooming accommodation

Issue – The charge rates for community residences and rooming accommodation for one-bedroom proposals are considered high for this type of use, especially considering those in the community occupying these facilities.

Community residences and rooming accommodation falls under the Accommodation (long-term) charge category in the Act. The current resolution sets the charge rates at the maximum allowed for community residences, as follows:

Accommodation (long-term)	Suite (with 3 or more bedrooms)	$29,339.55
	Suite (with 2 bedrooms)	$20,956.80
	Suite (with 1 bedroom)	$20,956.80

It is proposed to replace the rate for 1-bedroom suites as follows:

Accommodation (long-term)	Suite (with 3 or more bedrooms)	$29,339.55
	Suite (with 2 bedrooms)	$20,956.80
	Suite (with 1 bedroom)	$14,921.00

(It is noted that these figures are based on the rates in the current resolution and will be updated for the current Prescribed Amounts as proposed in issue e) below.)

b) Correction of Unit of measure for community residences and rooming accommodation uses

Issue – The current phrasing describing these uses is not consistent with the phrasing of the State Planning Regulation and requires adjustment.

This is purely an administrative amendment, with the adjustments linked to acceptance of amendment a) above, so that the table in the Resolution will read as follows:

		Unit of Measure
Community residence	Accommodation (long-term)	for each suite with 3 or more bedrooms
		for each suite with 2 bedrooms
		for each suite with 1 bedroom
		for each bedroom that is not part of a suite

		Unit of measure
Rooming accommodation	Accommodation (long-term)	for each suite with 3 or more bedrooms
		for each suite with 2 bedrooms
		for each suite with 1 bedroom
		for each bedroom that is not part of a suite

c) Retirement Facility charges

Issue – Under the current charging provisions of Resolution 8, retirement facilities and residential care facilities are beneficiaries of a 30% reduction in the roads and parks proportion of Council’s charge, introduced with the adoption of Resolution 3 in February 2013. The reduction was “to recognise these developments (retirement facilities and residential care facilities) generally have occupants that place reduced demand on Road and Parks networks”, as compared to a standard dwelling house. It is now considered that the relevance of this reduction no longer applies and requires Council’s consideration.

This discussion will speak to Retirement Facilities only.

As a general rule, the majority of retirement facility approvals are 3 or 2-bedroom units.

The types of retirement facility being offered on the market have been changing over time with more being marketed as an “Over 50’s retirement resort”. As a result, occupants are generally younger and more mobile, therefore negating the argument that they have less demand on the Road and Parks networks.

It is proposed to remove the 30% reduction, with the outcome shown in the table below:

3-Bedroom Unit		2-Bedroom Unit
30% reduction applied	30% reduction removed	30% reduction applied	30% reduction removed
$12,093	$16,566	$8,637	$11,833

(It is noted that these figures are based on the rates in the current resolution and will be updated for the current Prescribed Amounts as proposed in issue e) below.)

d) “Function facility” charge rate for Resort Complex use

Issue – Where Function Facilities provided at Resort Complexes do not qualify as ancillary uses, there needs to be a function facility charge rate included in the Resolution.

Resort complex uses are charged based on the number of accommodation suites, in accordance with the charging provisions in the State Planning Regulation. Where uses such as restaurants, bars, shops, conference facilities are provided and these uses are wholly for the occupants of the resort complex, they are deemed as ancillary and are not subject to a separate charge.

However, in many circumstances, these additional uses are open to external users, are not wholly ancillary and should therefore be subject to an additional charge.

It is proposed to add the Function facility charge to the resort complex use and clarify that this and charges for commercial, retail and entertainment, only apply where they are not wholly ancillary to the resort occupants’ use, that is, available to external users. Accordingly, it is recommended that the change in the table will be as follows, aligning with like charges for this charge category elsewhere in the Infrastructure Charges Resolution (charge rates still to be increased as per e) below):

Defined use	Charge category	Unit of measure per:	Adopted charge rate ($ per unit of measure)	Adopted charge rate for stormwater ($ per m2 of impervious area)
Resort complex	Accommodation (short-term)	2 or less bedroom suite	$10,478.40	-
		3 or more bedroom suite	$14,669.75	-
		bedroom (that is not part of a suite)	$10,478.40	-
	Commercial retail (non-residential component, where available to external users)	m² GFA	$188.60	$10.50
	Entertainment (non-residential component, where available to external users)	m² GFA	$209.55	$10.50
	Places of Assembly (Function facility) (non-residential component, where available to external users)	m² GFA	$73.35	$10.50

e) Updating charges rates to current prescribed amounts.

Issue – The current Infrastructure Charges Resolution (No.8) does not reflect the current prescribed charge rates in the State Planning Regulation.

When the last version of the Resolution was adopted, (No. 8) in September 2019, the charge rates were adjusted to the prescribed amounts (maximum charge) in the Act at the time. There are some exceptions where a less-than-maximum charge applies.

Each year the State increases the prescribed amounts in the Regulation, or the Act allows for indexing the rates at the start of each financial year. (The charges that Council applies under the current Resolution keep pace with the increased prescribed amounts based on indexation provisions contained in the Resolution.)

To maintain consistency with the current charge rates in the Regulation it is proposed to update the current Adopted Charge rates in the Resolution to be the same. Where lesser charges have been adopted for certain uses in the Resolution, these will be updated by the same indexation provisions that have applied to the prescribed amounts. The new base date for indexation of the adopted charge will change from March 2019 to March 2021.

Changes

All amendments to the current Infrastructure Charges Resolution (No.8) 2019 are provided in Att 1 – Sunshine Coast Council Infrastructure Charges Resolution (No.8) 2019 Tracked Changes.

Legal

There are no legal implications arising from the matters raised in this report.

Policy

The policy implications are addressed by way of changes to the Infrastructure Charges Resolution, as directed by Council and are consistent with the Planning Act 2016 and the Planning Regulation 2017.

Risk

There are no known risks to Council relating to adopting a revised Infrastructure Charges Resolution.

Previous Council Resolution

Ordinary Meeting 19 September 2019 (OM19/140)

That Council:

(a) receive and note the report titled “Infrastructure Charges Resolution Amendments” and

(b) adopt the “Sunshine Coast Regional Council Infrastructure Charges Resolution (No. 8) 2019” (Appendix A).

Related Documentation

· Planning Act 2016

· Planning Regulation 2017

· Local Government Infrastructure Plan (Part 4 of Sunshine Coast Planning Scheme, 2014)

Critical Dates

There are no critical dates relevant to this report.

Implementation

Advice will be provided to the development industry and internal stakeholders regarding the adoption of the amended Resolution.

The Act provides that the charges under Sunshine Coast Regional Council Infrastructure Charges Resolution (No.9) 2022 - Appendix A will have effect on the day stated in the Resolution, provided the Resolution is uploaded to Council’s website before that date. If adopted, it is proposed to have the Resolution take effect from Monday, 28 March 2022.

Ordinary Meeting Agenda 24 March 2022

8.5 February 2022 Financial Performance Report

File No: Council Meetings

Author: Coordinator Financial Services

Business Performance Group

Attachments: Att 1 - February 2022 Financial Performance Report.......... 357 ⇩

Att 2 - 2021/22 Capital Grant Funded Project Report February 2022 367 ⇩

purpose

To meet Council’s legislative obligations, a monthly report is to be presented to Council on its financial performance and investments.

Executive Summary

This monthly financial performance report provides Council with a summary of performance against budget as at 28 February 2022 in terms of the operating result and delivery of the capital program.

Operating Performance

Table 1: Operating Budget as at 28 February 2022

	Original Budget $000	Current Budget $000
Total Operating Revenue	498,433	500,456
Total Operating Expenses	479,602	490,383
Operating Result	18,832	10,073

Details of the monthly financial report are contained in Attachment 1.

Officer Recommendation

That Council receive and note the report titled “February 2022 Financial Performance Report”.

Finance and Resourcing

This report sets out the details of Council’s financial performance and investments for the month ending 28 February 2022 and meets Council’s legislative reporting requirements.

Corporate Plan

Corporate Plan Goal: Our outstanding organisation

Outcome: We serve our community by providing this great service

Operational Activity: S28 - Financial and procurement services – financial and procurement management and governance, ensuring effective business management and legislative compliance, coordination and development of Council’s budget process, administration of financial systems, sundry debtors, accounts payable, financial and asset accounting, treasury, procurement, contract and supply functions.

Consultation

Portfolio Councillor Consultation

Consultation has been undertaken with the Portfolio Councillor, E Hungerford.

Internal Consultation

This report has been written in conjunction with advice from:

· Group Executive Business Performance

· Chief Financial Officer

External Consultation

No external consultation is required for this report.

Community Engagement

No community engagement is required for this report.

Legal

This report ensures that Council complies with its legislative obligations with respect to financial reporting in accordance with Section 204 of the Local Government Regulation 2012.

Investment of funds is in accordance with the provisions of the Statutory Bodies Financial Arrangements Act 1982 and the associated Regulations and the Local Government Act 2009.

Policy

Sunshine Coast Council’s 2021/22 Investment Policy and

Sunshine Coast Council’s 2021/22 Debt Policy.

Risk

Failure to achieve the budgeted operating result will negatively impact Council’s capacity to complete its capital expenditure program.

Previous Council Resolution

Ordinary Meeting 16 September 2021 (OM21/87)

That Council:

(a) receive and note the report titled “Budget Review 1 2021/22”

(b) adopt Appendix A as tabled, pursuant to sections 169 and 170 of the Local Government Regulation 2012, Council’s amended budget for 2021/22 financial year incorporating:

(i) the statement of income and expenditure

(ii) the statement of financial position

(iii) the statements of changes in equity

(iv) the statement of cash flow

(v) the relevant measures of financial sustainability

(vi) the long term financial forecast

(vii) the Debt Policy

(c) note the following documentation applies as adopted 24 June 2021

(i) the Revenue Policy

(ii) the total value of the change, expressed as a percentage, in the rates and utility charges levied for the financial year compared with the rates and utility charges levied in the previous budget

(iii) the Revenue Statement and

(iv) the rates and charges to be levied for the 2021/22 financial year and other matters as adopted 24 June 2021 and

(d) endorse the Minor Capital Works Program (Appendix B).

Special Meeting Budget 24 June 2021 (SM21/3)

That Council adopt Appendix A as tabled, pursuant to sections 169 and 170 of the Local Government Regulation 2012, Council’s budget for 2021/22 financial year incorporating:

i. the statement of income and expenditure

ii. the statement of financial position

iii. the statements of changes in equity

iv. the statement of cash flow

v. the relevant measures of financial sustainability

vi. the long term financial forecast

vii. the Debt Policy (adopted by Council resolution on 27 May 2021)

viii. the Revenue Policy (adopted by Council resolution on 27 May 2021)

ix. the total value of the change, expressed as a percentage, in the rates and utility charges levied for the financial year compared with the rates and utility charges levied in the previous budget

x. the Revenue Statement

xi. Council’s 2021/22 Capital Works Program, endorse the indicative four-year program for the period 2023 to 2026, and note the five-year program for the period 2027 to 2031

xii. the rates and charges to be levied for the 2021/22 financial year and other matters as detailed below in clauses 3 to 12

xiii. endorse the 2021/22 Minor Capital Works Program

xiv. establish a $5 million internally restricted Disaster Rehabilitation Reserve.

Related Documentation

2021/22 Adopted Budget

Critical Dates

There are no critical dates for this report.

Implementation

There are no implementation details to include in this report.

Ordinary Meeting Agenda 24 March 2022

8.6 Resumption of Land - Caloundra

File No: F19/00090

Author: Property Officer

Office of the CEO

Attachments: Att 1 - Notice of Objection - 19 Third Avenue, Caloundra - Confidential

Att 2 - Notice of Objection - 15 Oval Avenue, Caloundra - Confidential

Att 3 - Objection Report - 19 Third Avenue, Caloundra - Confidential

Att 4 - Objection Report - 15 Oval Avenue, Caloundra - Confidential

Att 5 - Notice of Intention to Resume - 15 Oval Avenue, Caloundra - Confidential

Att 6 - Notice of Intention to Resume - 19 Third Avenue, Caloundra - Confidential

Att 7 - Estimate of Compensation - Confidential

purpose

The purpose of this report is to seek Council’s support to continue with the compulsory acquisition for part of the following lots for the Caloundra Transport Corridor Upgrade Project (CTCU):

· 19 Third Avenue, Caloundra (Lot 629 CG4427); and

· 15 Oval Avenue, Caloundra (Lot 83 on RP65952).

Section 8 of the Acquisition of Land Act 1967 (ALA) requires Council, as the constructing authority, to consider the owners' grounds of objection and the delegate's reports when deciding whether to make an application to the Minister to take the land, amend the Notice(s) of Intention to Resume (NIR) or discontinue the proposed resumption(s).

Executive Summary

Sunshine Coast Council in partnership with the Queensland Government and the Australian Government are delivering a new transport corridor, as part of the Caloundra Transport Corridor Upgrade Project (CTCU).

The upgrade is a high priority project for improving access into the Caloundra CBD and surrounding destinations. The new upgrades will improve connectivity and travel choice and will connect the CBD and Omrah Avenue to Nicklin Way, north of the Caloundra Road roundabout.

At the Ordinary Meeting on 19 August 2021, Council resolved to proceed with the compulsory acquisition of land required to deliver the Caloundra Transport Corridor Upgrade Project. Council delegated authority to the Chief Executive Officer to make an application to the Minister for Resources (Minister) to take the land required for the Caloundra Transport Corridor Upgrade Project (provided that no objections were received) and settle claims for compensation.

To date Council has successfully negotiated the acquisition of 13 out of a total of 20 affected private properties. It is proposed that Council will compulsorily acquire the remaining seven properties if negotiated settlements cannot be reached with the landowners.

On 6 October 2021, Council served Notices of Intention to Resume (NIRs) on all remaining landowners and interested parties (tenants and mortgagees). The Notices of Intention to Resume and associated documentation set out the reasons for the acquisition, explained the compulsory acquisition process and provided a mechanism for each landowner to submit any formal objections to the compulsory acquisition.

Written objections were received from the owners of two properties: 19 Third Avenue, Caloundra (Lot 629 on CG4427) and 15 Oval Avenue, Caloundra (Lot 83 on RP65952).

On 11 November 2021, the owners of 19 Third Avenue, Caloundra submitted a written objection to the Notice of Intention to Resume.

The owners and their legal representative attended an objection hearing with Council’s delegated officer on 18 November 2021. Following consideration of the written objections, and information supplied at the hearing, an objection report responding to each of the written objections, was prepared by Council’s delegated officer. Council then provided the owners' solicitor with a copy of Council’s objection report to comment on its accuracy.

On 11 November 2021, the owners of 15 Oval Avenue, Caloundra submitted a written objection to the Notice of Intention to Resume. The landowners did not ask to be heard in relation to their objections. After due consideration of the written objections, an objection report responding to each of the objections was prepared by Council’s delegated officer and forwarded to the owners to comment on its accuracy.

No suggested amendments were received from any of the landowners or their representatives. Council's delegate then finalised the objection reports recommending that Council proceed with the proposed resumptions. The final objection reports were provided to the respective landowners on 18 January 2022.

Under s.9 (2) of the Acquisition of Land Act 1967, Council has 12 months from the date of the Notice of Intention to Resume to apply to the Minister for Resources (Minister) for the land to be taken. The Notices of Intention to Resume were served on 6 October 2021.

Due consideration has been given to all issues raised in the written objections and objection hearing. It is recommended that Council proceed to apply to the Minister to take the land identified in each respective Notice of Intention to Resume in addition to the five other lots for which no objections were received.

Related documents for this report are provided as confidential attachments, in accordance with section 254J(3)(h) of the Local Government Regulations 2012, as they contain information pertaining to negotiations relating to the taking of land by the local government under the Acquisition of Land Act 1967.

Officer Recommendation

That Council:

(a) receive and note the report titled "Resumption of Land - Caloundra"; and

(b) confirm, after due consideration of the objections, that parts of Lot 629 CG4427 and Lot 83 on RP65952 are required for road purposes for the Caloundra Transport Corridor Upgrade Project

(c) proceed with the application to the Minister for Resources to acquire:

(i) approximately 594 square metres from Lot 629 CG4427 as shown on Plan No. 21434-C201 for road purposes; and

(ii) approximately 392 square metres from Lot 83 on RP65952 as shown on Plan No. 14205-L-02 for road purposes

(d) delegate authority to the Chief Executive Officer to make an application to the Minister for Resources to take the land under section 9 of the Acquisition of Land Act 1967.

Finance and Resourcing

An estimation of the amount of compensation is provided in Attachment 7.

Corporate Plan

Corporate Plan Goal: Our environment and liveability

Outcome: We serve our community by providing this great service

Consultation

Councillor Consultation

The Councillor for Division 2, Councillor T Landsberg, has been briefed on this matter.

Internal Consultation

Council’s Senior Transport Engineer & Coordinator of Transport Network provided technical information referred to in the Objection reports and supports the recommendation.

External Consultation

Council’s solicitors, Clayton Utz, have been consulted regarding the compulsory acquisition process, Notices of Intention to Resume and Objection reports.

Council officers have been corresponding with the owners and their representatives, including solicitor.

The solicitor representing owners of 19 Third Avenue was provided a copy of the Council Objection Report (refer Attachment 3) on 6 December 2021 and given the opportunity to respond regarding the accuracy of the report by 20 December 2021 in accordance with the Department of Resources' acquisition policy. No response was received.

The owners of 15 Oval Avenue were provided a copy of the Council Objection Report (refer Attachment 4) on 7 December 2021 and given the opportunity to respond regarding the accuracy of the report by 21 December 2021. No response was received.

The landowners were then provided with a final copy of the objection hearing report, which included the delegate's recommendation that the land be taken for the Caloundra Transport Corridor Upgrade Project.

Community Engagement

Community consultation for the project began in 2000 with the then Caloundra City Council completing consultation on the Planning Scheme which included planning to upgrade Oval Avenue to four lanes. In 2013, Council in conjunction with Transport and Main Roads completed the Caloundra Area Transport Study. The study included community consultation on potential transport options, including upgrading Oval Avenue and Third Avenue. In 2016, Council consulted the community on the draft Caloundra Centre Master Plan which included the Oval Avenue and Third Avenue transport upgrade. Council staff met with key stakeholders to provide notification of the draft master plan consultation and submission process. In 2018, Council undertook community consultation and engagement with key stakeholders on the Sunshine Coast Council Local Government Infrastructure Plan, which included the upgrade of Oval & Third Avenue.

Council has continued to liaise with key stakeholders, including adjacent landowners and businesses along the Project Corridor. In 2020, Council revised the Project design based on feedback. From July – October 2021, further community engagement was undertaken with this phase of consultation requesting feedback on the concept deigns which will inform the further detailed design and construction phases of the Project.

Information regarding the Project’s concept design has been shared with the community via an August 2021 Community Update newsletter. This was mailed to every property owner and resident in the Caloundra postcode. A dedicated website and email address, community displays, and advertising has been established and communicated with directly impacted stakeholders.

Proposal

Sunshine Coast Council in conjunction with the Queensland Government, has undertaken significant planning for the Caloundra Transport Corridor Upgrade Project (CTCU) which is intended to cater for future growth of the region. Both parties recognise the need to provide the Third Avenue Extension (new link to Nicklin Way) and upgrade Oval Avenue and Third Avenue, whilst delivering an outcome which supports the local economy, provides a pedestrian, cycle and bus friendly environment, whilst also reducing congestion in Caloundra.

The current Project alignment was chosen in part because it consolidates the impacts to one corridor instead of two. Council adopted the preferred alignment at the Ordinary Meeting of Council on 31 January 2019. A preferred layout was progressed and proposed a four-lane carriageway with a central median strip, two-way cycle track and pedestrian pathways.

The Caloundra Transport Corridor Upgrade Project is made up of two sections nominated as Section 1 and Section 2.

Section 1 is between Omrah Avenue and Arthur Street and is part of the Project which will be delivered and funded by Council. Section 1 will include:

· Duplicating existing traffic lanes to provide two lanes in each direction on Oval Avenue and Third Avenue

· Connecting Oval Avenue and Omrah Avenue

· Upgrading various intersections

· Two-way cycle track and pedestrian pathways

Section 2 is between Arthur Street and Nicklin Way and is jointly funded by Council, the Queensland Government, and the Australian Government.

To progress the Caloundra Transport Corridor Upgrade Project, at the Ordinary Meeting on 19 August 2021, Council resolved to compulsory acquire the land required for the Caloundra Transport Corridor Upgrade Project. This included part of 19 Third Avenue, Caloundra described as Lot 629 CG4427 & part of 15 Oval Avenue, Caloundra, described as Lot 83 on RP65952 for road purposes.

Figure 1 - Acquisition corridor for CTCU

The properties which are the subject of this report are shown in Figures 2, 3 and 5.

Figure 2 - Location of subject properties

19 Third Avenue (Lot 629 on CG4427)

Figure 3 - Locality plan of 19 Third Avenue Caloundra

On 6 October 2021, an Notice of Intention to Resume was served on the owners of 19 Third Avenue, Caloundra (refer Attachment 6), noting the requirement for Council to acquire approximately 594 square metres from the Third Avenue frontage of the property (refer Figure 4- Resumption Plan). The Notice of Intention to Resume provided an opportunity for the landowners to submit written objections and to be heard in relation to any objections.

Figure 4 - Resumption Plan 19 Third Avenue, Caloundra

On 11 November 2021, the owners submitted a Notice of Objection to the Notice of Intention to Resume (Refer Attachment 1) and requested to be heard in relation to their objections. An objection hearing was convened on 18 November 2021 at Council’s Eddie De Vere Administration Building, Nambour, attended by Council’s delegated officer, the landowners, and their legal representative.

Following consideration of the written objections and information provided at the objection hearing, a draft objection report was prepared and forwarded to the owners' legal representative to ensure the objections had been understood accurately and identify any errors in the report. No suggested amendments were received. A final copy of the objection report was provided to the owners on 18 January 2022 (refer Attachment 3).

Due consideration has been given to all issues raised in the written objection and expanded on at the objection hearing. It is recommended that Council apply to the Minister under section 9 of the Acquisition of Land Act 1967 to take the land as identified in the Notice of Intention to Resume.

15 Oval Avenue (Lot 83 on RP65952)

Figure 5 - Locality plan 15 Oval Avenue, Caloundra

On 6October 2021, an Notice of Intention to Resume was served on the owners of 15 Oval Avenue, Caloundra (refer Attachment 5), noting that Council requires approximately 392 square metres from the Oval Avenue frontage of the property (refer Figure 6- Resumption Plan). The Notice of Intention to Resume provided an opportunity for the landowners to submit written objections and be heard regarding any objections.

Figure 6 - Resumption plan 15 Oval Avenue, Caloundra

On 11 November 2021, the landowners provided a Notice of Objection to the Notice of Intention to Resume (refer Attachment 2). They did not request to be heard in relation to their objection.

Following consideration of the written objections, a draft objection report was prepared and forwarded to the owners to ensure the objections had been understood accurately and identify any errors in the report. No suggested amendments were received. A final copy of the objection report was provided to the owners on 18 January 2022 (refer Attachment 4).

A typographical error has been identified in the Objection Report for 15 Oval Avenue, Caloundra. The address is incorrectly described as 15 Third Avenue, Caloundra. All other property details and references are correct including Lot and Plan description. The substantive elements of the report remain unaffected and the Objection Report is still valid for making any application to the Minister.

Legal

The acquisition process has complied with the Acquisition of Land Act 1967 and has been guided by legal advice from Clayton Utz Lawyers.

Policy

There are no policy issues associated with this decision.

Risk

As with any resumption of land under the Acquisition of Land Act 1967, landowners may seek judicial review of various decisions throughout the process including Council’s decision to make an application to the Minister to take the land. However, the risk is considered to be low given Council has complied with the processes in the Acquisition of Land Act 1967.

Previous Council Resolution

Ordinary Meeting 19 August 2021 (OM21/83)

That Council:

(a) receive and note the report titled “Resumption of Land Caloundra”

(b) delegate authority to the Chief Executive Officer to commence the process under the Acquisition of Land Act 1967 to acquire the following land:

(i) Lots 18, 83, 84 & 87 on RP65952 for road purposes and purpose incidental to the purpose of road

(ii) Lots 85 & 86 on RP65952 for road purposes

(iii) Lots 0, 1 & 2 on SP137997 for road purposes and purpose incidental to the purpose of road

(iv) Lot 34 on RP56889 for road purposes

(v) approximately 54m² from Lot 35 on RP56889 for road purposes

(vi) approximately 594m² from Lot 629 on CG4427 for road purposes

(vii) approximately 317m² from Lot 470 on SP194659 for road purposes

(c) note that if there is an objection to a Notice of Intention to Resume (NIR), a report on the objection will be presented to Council for it to make a decision about whether Council should make an application to the Minister to take the land under section 9 of the Acquisition of Land Act 1967 or whether the NIR should be amended or whether Council should discontinue the resumption

(d) delegate authority to the Chief Executive Officer to make an application to the Minister for Resources to take the land under section 9 of the Acquisition of Land Act 1967, provided that no objections are received and

(e) delegate authority to the Chief Executive Officer to settle claims for compensation if the land is compulsory acquired.

Related Documentation

The objections received from the landowners of both 19 Third Avenue, Caloundra and 15 Oval Avenue, Caloundra including the Council delegate’s objection hearing reports are attached to this report as confidential attachments.

Critical Dates

Should Council decide to continue with the compulsory acquisition process, then an application is to be made to the Minister prior to 6 October 2022. However, submitted applications with the Minister can take up to 18 months to be decided. Under Council’s current planning, early works for the project are due to commence around June 2023.

Implementation

· Proceed with the application to the Minister for Resources under s.9 of the Acquisition of Land Act 1967 to acquire:

- approximately 594 square metres from Lot 629 CG4427 as shown on Plan No. 21434-C201 for road purposes and

- approximately 392 square metres from Lot 83 on RP65952 as shown on Plan No. 14205-L-02 for road purposes.

· Delegate authority to the Chief Executive Officer to make an application to the Minister for Resources to take the land under section 9 of the Acquisition of Land Act 1967.

· If Council endorses the recommendations in this report, the Strategic Property Team will manage the resumption process.