Agenda of Ordinary Meeting - Thursday, 12 December 2024

Ordinary Meeting Agenda 12 December 2024

8 Reports Direct to Council

8.1 Development Application for a Material Change of Use to establish a Car Wash - 211 Sippy Downs Drive, Sippy Downs

File No: MCU24/0136

Author: Development Planner

Customer & Planning Services Group

Appendices: App a - Recommended Conditions of Approval.................... 15 ⇩

Attachments: Att 1 - Detailed Assessment Report........................................ 31 ⇩

Att 2 - Proposal Plans................................................................ 57 ⇩

Link to Development.i - MCU24/0136

purpose

The purpose of this report is to seek Council’s determination for a Development Application for Material Change of Use of Premises to establish a Car Wash at 211 Sippy Downs Drive, Sippy Downs.

The application is before Council at the request of the Divisional Councillor C Dickson.

Executive Summary

The application seeks approval for a Development Permit for a Material Change of Use to establish a Car Wash.

The site is within the Community Facilities Zone, which is annotated for an Emergency Services use, which is in direct conflict with the planning intent for the Community Facilities Zone. Despite the conflict with the purpose of the Community facilities zone code, the proposal could be approved noting the below other relevant matters that warrant approval:

· circumstances have changed since the zoning was adopted which discounts the planning intent for the site to be used for Emergency Services

· there are no other community activities that the site would be particularly well suited to accommodate

· the site adjoins an existing service centre and is highly accessible from a number of major roads and is compatible with the other motor vehicle based uses operating on adjoining premises

· there is a planning need for a Car Wash to be established in Sippy Downs and there are no other sites better suited for the proposed use and

· the establishment of a Car Wash on the site would maintain the integrity of the Sippy Downs Town Centre, and therefore achieve the planning outcomes sought by the Sippy Downs local plan code.

The proposed front and rear boundary setbacks are considered to meet the Performance Outcome, being suitable for the development and interface with buildings on adjoining sites due to the location of the access easement, the layout of the adjoining Service Station and the provision of sufficient space around buildings for landscaping to be established to soften the built form.

In relation to vehicle access arrangements, the proposed development is considered to maintain the safety and function of the road network and internal driveway configuration.

Despite the conflict with the zone provisions for the site, there are sufficient reasons to support the proposal and it is recommended for approval.

Officer Recommendation

That Council:

(a) receive and note the report titled “Development Application for a Material Change of Use to establish a Car Wash - 211 Sippy Downs Drive, Sippy Downs ” and

(b) APPROVE Application No. MCU24/0136 for a Development Permit for Material Change of Use of Premises to Establish a Car Wash, subject to the imposition of reasonable and relevant conditions in Appendix A.

Finance and Resourcing

In the event of an approval, Infrastructure Charges would be applicable to the proposed development in accordance with Council’s Infrastructure Charges Resolution, in the order of $59,525.

Corporate Plan

Corporate Plan Goal: Our service excellence

Outcome: We serve our community by providing this great service

Operational Activity: S20 - 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 C Dickson has been consulted during the assessment and has requested the matter be brought to Council for a decision.

Cr W Johnston, as Service Excellence Portfolio Councillor, has been consulted on this application.

Internal Consultation

The application was referred to and/or discussed with the following internal Council specialists and their assessment forms part of this report:

· Development Engineer, Development Services Branch, Customer and Planning Services Group

· Landscape Officer, Development Services Branch, Customer and Planning Services Group

· Environmental Management Officer, Development Services Branch, Customer and Planning Services Group

· Urban Designer, Urban Design and Architecture Team, Customer and Planning Services Group

External Consultation

The application did not require referral to any Referral or External Agencies under the Planning Act 2016.

Community Engagement

The application was publicly notified for 15 business days between 2 September and
24 September 2024 in accordance with the requirements of the Planning Act 2016.

A total of 8 submissions were received, of which 7 were determined to be ‘properly made’ in accordance with the Planning Act 2016. There were 7 submissions against the proposal and 1 submission in support of the proposal.

A summary of the matters raised in the submissions, together with a statement of how those matters have been addressed as part of the assessment, is included in the officer’s Detailed Assessment Report at Attachment 1 to this report.

Proposal

The application seeks approval for a Development Permit for a Material Change of Use to establish a Car Wash. The proposal includes a gross floor area of 274.5m² with four (4) manual wash bays, an auto wash, a wash tunnel, six (6) vacuum bays, three (3) staff car parking spaces, an SRV bay, plant storage areas and an office. Access will be gained from the Sippy Downs Drive frontage via an existing access easement on the adjoining allotment to the east (the existing Service Station).

A detailed assessment of the application has been undertaken and is included in the officer’s Detailed Assessment Report at Attachment 1 to this report.

Community Facilities Zone

The site is within the Community Facilities Zone, which is annotated for an Emergency Services use. The Editor’s note at the end of the Community facilities zone code states that a table of consistent and potentially consistent uses has not been provided for the Community facilities zone owing to the significant variations in the range of activities that may be considered appropriate to establish on a particular site or area included in the zone.

Whilst there is no table of consistent uses, the proposed Car Wash would not provide for the establishment of the annotated land use and is therefore not anticipated to be located on the site. However, it is acknowledged that the site has been identified as being surplus to the needs of the State for the purpose of locating emergency services and has been transferred into private ownership and therefore, does not accord with the planning needs of the State Government in relation to the provision of, or location for emergency services.

The establishment of a Car Wash on land within the Community Facilities Zone is not an apparent intent of the Planning Scheme. A Car Wash does not provide for a community activity or other activity related to a community activity and does not otherwise meet any of the community needs identified as being relevant to achieving the purpose of the Community facilities zone code and is therefore in direct conflict with the planning intent for the Community Facilities Zone.

In the Tables of Assessment for the Sunshine Coast Planning Scheme 2014, a Car Wash is identified as requiring code assessment, and being a consistent use, in the Local Centre Zone and the Specialised Centre Zone in the Sippy Downs Local Plan Area. However, all sites included in the above-mentioned zones within the Sippy Downs local plan area have been fully developed for uses that are compatible with the planning intent for the zone and are not available for the establishment of a Car Wash. As such, it would therefore appear that the Sunshine Coast Planning Scheme 2014 does not explicitly provide for the establishment of a Car Wash in the Sippy Downs Local Plan Area.

Other community activities that could be appropriate to locate on this site include the following:

· Child Care Centre

· Community Care Centre

· Community Use

In this regard, the potential use of the premises for a Child Care Centre, Community Care Centre or Community Use is required to be considered. It is noted that Sippy Downs is already provided with a number of Child Care Centres close to the site, and the identified town centre would be the most appropriate location to establish new community activities such as a Community Care Centre or Community Use.

It is considered that in the location proposed, the Car Wash would not compromise the planning intent for the Sippy Downs local plan area or the Sippy Downs Town Centre, and would provide for an appropriate use to occur in an appropriate location to meet an identified need of the local community.

Accordingly, despite the conflict with the purpose of the Community facilities zone code, the proposal could be approved noting the below other relevant matters that warrant approval:

· Circumstances have changed since the zoning was adopted which discounts the planning intent for the site to be used for Emergency Services

· Due to its location away from the town centre and the existing supply of Child Care Centres, there are no other community activities that the site would be particularly well suited to accommodate

· The site adjoins an existing service centre and is highly accessible from a number of major roads, which makes it highly suited to accommodating a motor vehicle oriented use that complements and is compatible with the other motor vehicle based uses operating on adjoining premises

· There is a planning need for a Car Wash to be established in Sippy Downs and there are no other sites better suited for the proposed use and

· The establishment of a Car Wash on the site would maintain the integrity of the Sippy Downs Town Centre, and therefore achieve the planning outcomes sought by the Sippy Downs local plan code.

Front setback

The proposal shows a front setback of 4.2 metres from the awning over the pre-wash area of the wash tunnel, in lieu of a 6 metre setback, and does not have a main entrance facing the street, which does not achieve the design solution offered by Acceptable Outcome AO2.2 of the Business uses and centre design code.

The building is predominantly setback 6 metres, with only a small section of the awning over the pre-wash area being located closer to the front boundary. The design of the building includes a mix of attractive architectural elements that would effectively frame and address Sippy Downs Drive, including glazing panels to the wash tunnel, rendered / painted block work to the storeroom wall facing the street, powder coated aluminium louvre screening to the office / store rooms on the upper level, and projecting roof eaves. The nature of the use is not pedestrian oriented, and development of the site is not intended to provide for activation of the street. The layout also includes sufficient area between the building and the front boundary to allow landscaping to be provided to soften the built form and assist to define the premises from public areas.

Site Boundary Setback

The development proposes a 1 metre side setback to the eastern side boundary in lieu of the 3 metre minimum offered as a design solution by Acceptable Outcome AO6.3 of the Business uses and centre design code for buildings adjoining an existing wall with openings on an adjoining site.

The proposed boundary setbacks are considered suitable for the development and interface with buildings on adjoining sites due to the access easement (which will likely remain open to air), the adjoining Service Station includes an open structure with a canopy over the fuelling area, the shop building associated with the Service Station is located over 40 metres away from the site boundary, and the site layout provides sufficient space around buildings for landscaping to be established to soften the built form.

Service Areas

The proposal includes plant and storage toward the site frontage rather than to the rear of the building, which does not achieve the design solution offered by Acceptable Outcome AO3 of the Business uses and centre design code.

The site layout includes sufficient landscape areas to soften and integrate the development when viewed from the street, to avoid any car parking and service areas dominating the streetscape. The development is therefore considered to achieve the intent of Performance Outcome PO3 of the Business uses and centre design code.

Access and Traffic Impacts

As access is proposed via an existing access route, provided under previous approvals, there is no specific intersection interfaces with the external road network. Additionally, this type of facility would not likely add congestion to peak traffic times as vehicle washing would likely substantially consist of non-peak attendance. The development is therefore considered to maintain the safety and function of the road network and internal driveway configuration.

Further, the proposed number of car parking spaces and on-site queuing spaces exceeds the requirements of the Transport and parking code and is anticipated to be sufficient to meet the expected demand.

Conclusion

Despite the conflict with the zone provisions for the site, there are sufficient reasons, including other relevant matters to support the proposal. The proposed development otherwise sufficiently complies with the requirements of the Planning Scheme and does not raise any significant issues that cannot be addressed by reasonable and relevant conditions.

Legal

In relation to this development application, there are currently no legal implications relevant to this report but noting Council’s decision on the application can be appealed to the Planning and Environment Court by the applicant and any submitter who made a properly made submission. Council will proceed with any required actions resulting from any legal action.

Policy

The application has been assessed against the Sunshine Coast Planning Scheme 2014 and all relevant Council policies.

Risk

These matters can be appealed to the Planning and Environment Court by the applicant and any submitter who made a properly made submission. Council will proceed with any required actions resulting from any legal action.

Previous Council Resolution

There is no previous Council resolution relevant to this report.

Related Documentation

A copy of the officer’s full and detailed assessment report is included as Attachment 1 to this report.

A copy of the proposed plans of the development are provided as Attachment 2 to this report.

Critical Dates

A decision is due on the application by 14 November 2024. As the application is subject to impact assessment, if a decision is not made by this date, the applicant may lodge an appeal in the Planning and Environment Court against a ‘deemed refusal’ in accordance with the provisions of the Planning Act 2016.

Implementation

Should the recommendation be approved by Council, it is noted that Council officers will communicate the outcome of Council’s resolutions to the applicant and submitters who made a properly made submission as appropriate.

Ordinary Meeting Agenda 12 December 2024

8.2 Sunshine Coast Biodiversity Report 2024

File No: Council Meetings

Author: Coordinator Biodiversity & Waterways

Liveability & Natural Assets Group

Attachments: Att 1 - Sunshine Coast Biodiversity Report 2024................... 77 ⇩

purpose

The purpose of this report is to present the Sunshine Coast Biodiversity Report 2024 for Council consideration.

Executive Summary

Our landscape continues to support a diverse range of vegetation communities, habitat areas, and native flora and fauna species, making the Sunshine Coast one of the most biologically diverse areas in Queensland.

The Environment and Liveability Strategy (ELS) which provides our strategic directions to protect and enhance our natural environment, including our biodiversity, includes a biodiversity outcome for 2041 - that our native plants, animals and habitat are healthy, resilient and valued by the community and a biodiversity target to maintain the 2016 extent of native vegetation (no net loss) by 2041.

To help track changes in our biodiversity and report on this target, Council’s established biodiversity reporting framework supports the preparation of a biodiversity report every 4 years. The third report in the series, the Sunshine Coast Biodiversity Report 2024 (Attachment 1) provides a snapshot of our biodiversity assets (at a local government and catchment scale) and a comparative review of progress across 2016-2024. The Report uses four reporting categories: native vegetation, habitat areas, conservation estate, and native plants and animals.

Access to this information, supports our evidence-based decisions for the ongoing protection and enhancement of our biodiversity assets.

Key findings from the report include:

· 57% (129,938 ha) of the local government area has native vegetation cover including 91,724 ha remnant and 38,214 ha non-remnant vegetation.

· 101 core habitat areas and 87,727 ha of combined core and core-connecting habitat areas, and 42,211 ha of connecting habitat areas.

· More than 46%, or 60,622 ha, of our native vegetation is protected or conserved within our conservation estate.

· 135 Commonwealth and state listed threatened species, including 69 fauna and 66 flora, have been recorded in the Sunshine Coast habitat areas.

Since 2016 there has been a 5,655 ha net gain in native vegetation, a result of an overall increase of 6,797 ha in non-remnant vegetation and a loss of 1,142 ha of remnant vegetation over this period. This result indicates that Council is tracking towards meeting our ELS Target.

Furthermore, Council’s conservation estate has increased by almost 2,000 ha of native vegetation since 2016 with most of the growth in the estate attributed to outcomes from the Environment Levy Land Acquisition Program.

The Sunshine Coast Biodiversity Report 2024 will be made available on Council’s website.

Officer Recommendation

That Council:

(a) receive and note the report titled “Sunshine Coast Biodiversity Report 2024” and

(b) note the Sunshine Coast Biodiversity Report 2024 for the purpose of promoting our biodiversity assets.

Finance and Resourcing

There are no finance and resourcing implications for this report.

Corporate Plan

Corporate Plan Goal: Our environment and liveability

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

Operational Activity: 2.1.6 - Progress priority activities from the Environment and Liveability Strategy five-year implementation plan, including a revised Part C - Network Plan and progressing the dark sky reserve proposal.

Consultation

Councillor Consultation

Environment and Liveability Portfolio Councillors M Suarez and T Burns were briefed on the Sunshine Coast Biodiversity Report 2024. A briefing was offered to all other Councillors.

Internal Consultation

The development of the Sunshine Coast Biodiversity Report 2024 has been undertaken primarily by the Environment & Sustainability Policy Branch with support from the Environmental Operations Branch.

External Consultation

There has been no external consultation undertaken in relation to this report.

Community Engagement

There has been no community engagement on the development of the Sunshine Coast Biodiversity Report 2024. Following Council noting, the dissemination and promotion of the report will be undertaken in consultation with the Communication Branch.

Proposal

The Sunshine Coast landscape continues to support a diverse range of vegetation communities, habitat areas, and native plant and animal species, making the Sunshine Coast one of the most biologically diverse areas in Queensland.

In response, the strategic directions of the Environment and Liveability Strategy (ELS) include a biodiversity outcome for 2041 in that our native plants, animals and habitat are healthy, resilient and valued by the community and a biodiversity target to maintain the 2016 extent of native vegetation (no net loss) by 2041.

The report supports a comparative review of progress across 2016-2024 and provides a progress tracker for the following biodiversity reporting categories:

1. Native vegetation extent and type (reported as remnant and non-remnant vegetation).

2. Habitat area extent and make-up.

3. Conservation estate extent including habitat managed and protected.

4. Threatened flora and fauna listed under Commonwealth and state legislation.

Current biodiversity status

The Biodiversity Report 2024 presents the following results for each category:

Native vegetation

· 57% (129,938 ha) of the local government area has native vegetation cover including 91,724 ha remnant and 38,214 ha non-remnant vegetation.

· There are 77 regional ecosystems (RE) represented in our local government area with the following Broad Vegetation Groups: mangrove and saltmarsh (2 REs); foredune (2 REs); heath and wallum (15 REs); melaleuca and casuarina (11 REs); eucalypt (37 REs); and rainforest (10 REs).

Habitat areas

· There are 101 core habitat areas and 87,727 ha of combined core and core-connecting habitat.

· The largest core habitat area, including Conondale National Park in the Mary River Catchment, is 19,609 ha and includes habitat for a variety of threatened flora, fauna and vegetation communities.

Conservation Estate

· More than 46%, or 60,622 ha, of our native vegetation is protected or conserved within our conservation estate.

· National Parks and Conservation Parks continue to constitute the largest extent of our conservation estate protecting 40,481 ha of native vegetation.

· Council currently manages 629 Reserves protecting 8,119 ha of land and 7,050 ha of native vegetation.

Native plants and animals

· 133 Commonwealth and State-listed threatened species, including 67 animals and 66 plants, have been recorded in the Sunshine Coast habitat areas.

Tracking our progress

Native vegetation

There has been a net gain in native vegetation of 5,655 ha since 2016, a result of an overall increase of 6,797 ha in non-remnant vegetation and a loss of 1,142 ha of remnant vegetation over this period.

Expanding areas of naturally regenerating vegetation have contributed to the increase in the extent of non-remnant vegetation. Council and the community contributed to the native vegetation result through actively managing, planting, rehabilitating, and restoring habitat areas.

The loss of remnant habitat continues to be a concern and Council will need to continue to explore ways to prevent these losses and secure non-remnant areas until they can mature and reach remnant status.

Habitat areas

Our vegetated habitat areas have continued to increase over the past 8 years and provide a greater extent of core and connecting habitat areas to support fauna and their movement. There has been a significant reclassification of core connecting areas to core habitat areas as vegetation has grown and separate core habitat areas have joined together.

Conservation estate

The two components of the conservation estate that have seen the biggest growth since 2016 are:

· Council’s conservation estate which has gained almost 2,000 ha of native vegetation with most of the growth attributed to the Environment Levy Land Acquisition Program.

· Land for Wildlife (Council-supported voluntary conservation program) has resulted in almost 2,856 ha of native vegetation being managed for conservation since 2016.

Native plants and animals

An additional 13 plants and 19 animals that are known to occur in the Sunshine Coast region have been added to the critically endangered, endangered, or vulnerable lists under the state’s Nature Conservation Act 1991 and the Commonwealth’s Environment and Biodiversity Conservation Act 1999 since 2016.

Next steps

It is proposed to continue to prepare these reports every 4 years as new data becomes available, to continue to track Council’s strategic progress towards its biodiversity target and to enable evidence-based decisions for the ongoing protection and enhancement of our biodiversity assets.

Legal

There are no legal implications relevant to this report.

Policy

The Sunshine Coast Biodiversity Report 2024 provides data on the biodiversity of the Sunshine Coast region and how Council is tracking towards its Environment & Liveability Strategy biodiversity target to ‘maintain the 2016 extent of native vegetation (no net loss) by 2041.’

The Report tracks the progress of our key biodiversity assets and contributes towards the Sunshine Coast Biosphere’s Conservation objective of conserving, maintaining, and enhancing our natural environment from the hinterland to the coast, and connecting people and nature.

Risk

Communicating the findings of the 2024 Biodiversity Report will assist to promote Sunshine Coast’s biodiversity assets and address any potential reputational risk.

Previous Council Resolution

Ordinary Meeting 15 October 2020 (OM20/108)

That Council:

(a) receive and note the report titled “Sunshine Coast Biodiversity Report 2020” and

(b) note the Sunshine Coast Biodiversity Report 2020 (Appendix A as amended) for the purpose of promoting our biodiversity assets

Ordinary Meeting 10 November 2016 (OM16/200)

That Council:

(a) receive and note the report titled “Biodiversity Report 2016” and

(b) adopt the Biodiversity Report 2016 for the Sunshine Coast Local Government Area (Appendix A), the report overview (Appendix B) and the report snapshot (Appendix C).

Related Documentation

· Sunshine Coast Environment and Liveability Strategy 2023

· Sunshine Coast Council Corporate Plan 2024 – 2028

· Sunshine Coast Biodiversity Report 2016 and 2020

Critical Dates

There are no critical dates relevant to this report.

Implementation

The dissemination and promotion of the Sunshine Coast Biodiversity Report 2024 will be undertaken in consultation with the Communication Branch.

Ordinary Meeting Agenda 12 December 2024

8.3 Kulangoor Cemetery Master Plan 2024

File No: Council Meetings

Author: Coordinator Cemetery Services

Customer & Planning Services Group

Appendices: App a - Kulangoor Cemetery Master Plan 2024.................. 135 ⇩

Attachments: Att 1 - Everlon Studio Kulangoor Master Plan Review 2023 137 ⇩

Att 2 - Kulangoor Cemetery Master Plan Review 2023 - Identified Amendments 149 ⇩

purpose

The purpose of this report is to seek Council endorsement of the Kulangoor Cemetery Master Plan 2024 (Appendix A).

Executive Summary

With the Sunshine Coast’s continued population growth comes increased demand for cemetery services. The guiding principles contained in the Sunshine Coast Cemetery Plan 2019-2028 provide a framework for responding to the future needs of Council's cemeteries:

· Respectful of past, present and future generations, supporting the community's social well-being and conserving the Sunshine Coast's cultural heritage.

· Sustainable provision of services that balance the social, environmental, economic, and cultural needs of the community.

· Inclusive of beliefs, faith and customs recognising the diversity of the Sunshine Coast.

· Responsive to the preferences of a growing and changing community.

A key action within the Sunshine Coast Cemetery Plan 2019-2028 is to develop master plans for Council’s established cemeteries. These long-term planning documents provide guidance to manage future growth and development of the cemetery sites.

The Kulangoor Cemetery was prioritised for the first master plan review due to the availability and suitability of land which will provide the community with more than 80 years of interment space.

In 2022/23, a comprehensive review of the Kulangoor Cemetery Master Plan 2004 was conducted by Everlon Studios. The review considered the changing community expectations, contemporary approaches, and promotion of inclusions such as enhanced placemaking, peaceful places for reflection of loved ones, and the provision of all ability inclusions to make the cemetery more accessible to our community.

In developing the Kulangoor Cemetery Master Plan 2024, Council and Everlon studios:

· Considered the Sunshine Coast Council Cemetery Plan 2019 - 2028 and the guiding principles of a Respectful, Sustainable, Inclusive and Responsive approach. These principles inform decision making and will be the measure by which decisions are evaluated and will inform our goals and success measures.

· Undertook consultation with our community, including forming a Community Reference Group to ensure community needs and feedback were thoughtfully considered and incorporated into the final proposal.

· Considered religious and spiritual community needs and the future growth of the Sunshine Coast Community.

· Sought to provide a master plan that is clear in guidance and direction whilst remaining flexible to ensure the long-term evolving needs of our community can be supported.

The above, along with other key factors have informed the development of the Kulangoor Cemetery Master Plan 2024.

With demographic changes in our growing and culturally diverse community, the proposed Kulangoor Cemetery Master Plan 2024 is an important part of the cemetery network’s ability to respond to and recognise changes in how the community views cemeteries and the services and facilities they are seeking.

The Kulangoor Cemetery Master Plan 2024 allows for up to 80 years of cemetery services to be delivered with a range of memorial spaces offered. It embraces change and reflects a modern approach to the cemetery network and design.

Officer Recommendation

That Council:

(a) receive and note the report titled “Kulangoor Cemetery Master Plan 2024”

(b) endorse the Kulangoor Cemetery Master Plan 2024 (Appendix A) and

(c) acknowledge and thank the Community Reference Group and community members that have contributed to the development of the Kulangoor Master Plan 2024.

Finance and Resourcing

Everlon Studio’s Kulangoor Master Plan Review 2023 (Attachment 1) was funded in the 2022/23 financial year with a budget expenditure of $99,274.

If the Kulangoor Cemetery Master Plan 2024 is endorsed by Council, officers will investigate funding opportunities required to deliver the capital design elements of the Kulangoor Cemetery Master Plan 2024.

This will include seeking funding through Council’s budget processes, grant funding opportunities and partnerships.

Corporate Plan

Corporate Plan Goal: Our strong community

Outcome: 1.2 - Vibrant community places and spaces that are inclusive, accessible and adaptable.

Operational Activity: 1.2.3 - Finalise the Kulangoor Cemetery Master Plan in consultation with the Cemetery Services Community Reference Group to ensure Council can continue to meet the region’s evolving needs for end-of-life services.

Consultation

Councillor Consultation

All Councillors were consulted in the development of the Kulangoor Cemetery Master Plan 2024.

Internal Consultation

Internal consultation has been undertaken for the development of the Kulangoor Cemetery Master Plan 2024 with the following officers:

· Acting Chief Executive Officer

· Acting Group Executive, Customer and Planning Services

· Cemetery Services, Customer and Planning Services

§ Team Leader Business Operations

§ Team Leader Cemetery Operations

§ Field Leaders Cemetery Operations

§ Customer Care Consultants

§ Burials and Plaques Attendants

· Coordinator Landscape Architectural Services, Liveability and Natural Assets

· Landscape Architect, Liveability and Natural Assets

· Coordinator Commercial Analysis, Business Performance

· Head of Strategic Property, Business Performance

· Senior Property Officer, Business Performance.

External Consultation

Outside the commissioning of Everlon Studios to conduct the review, there has been no other external consultation undertaken in relation to this report.

Community Engagement

Between 3 October 2023 and 4 December 2023, the community were invited to provide feedback on the draft Kulangoor Master Plan Review 2023 (Attachment 1). The community were invited to review the plan and provide feedback via Council’s Have Your Say platform. Council officers also hosted drop-in sessions at Kulangoor Cemetery and Nambour library to meet with community members. The opportunity to engage was promoted extensively via a social media campaign. Consultation was extended to provide additional time for consideration and inputs.

The social media campaign saw Facebook and LinkedIn receive:

· 59,817 post views

· 549 clicks on the post to the website

· 1571 likes, comments, shares

· 24 shared posts to other pages and profiles.

Council officers respect that end-of-life services may not be actively discussed within the broader community. Conversations about the arrangements for end-of-life services, while important, can be considered a difficult, personal, and emotional conversation which can be stressful for some. Overall engagement on the Kulangoor Cemetery Master Plan 2024 reflected this, with the consultation package receiving a high number of views but limited responses.

Overall, the community engagement campaign received 42 survey responses to consider.
The community feedback indicated support for:

· Inclusions such as:

o enhanced placemaking, peaceful places where people can walk and/or sit and reflect on their loved ones,

o provision of cemeteries facilities for funeral services, and

o all ability inclusions to make the cemetery more accessible to our community.

· the Master Plan to include considerations of cultural, religious, and other requirements and to provide choices like natural burials and landscaped ash internment sites.

A summary of the community’s feedback is detailed below (Table 1).

Table 1. Summary of community feedback.

Survey Question	% respondents either very likely, likely, or neutral	% respondents either unlikely or very unlikely
How likely are you to visit and use the cemeteries facilities (amphitheatre) for a funeral service?	89%	11%
How likely are you to visit and use the cemeteries facilities (amphitheatre) for other events e.g. wedding or music event?	43%	57%
Are you interested in above ground burial options (i.e. Mausoleum)?	19%	81%
What is important to you with any ash interment site?	27% Trees 23% Shade 21% Seats 17% Water feature 10% Play space for children 3% BBQs
What facilities would you potentially use whilst visiting a loved one or would you consider a need to have co-located at a cemetery?	20% Indoor chapel for services 20% External chapel for services 17% Café 14% Florist 14% Community meeting space 11% Funeral director 4% On site meeting room
If there was a constructed boardwalk around the full perimeter of the cemetery how likely would you be to use it?	81%	19%
How likely are you to consider a Natural Burial?	69%	31%
When visiting a cemetery do you think that an art installation in a cemetery would make a contribution to the look, feel and landscape?	77%	24%
Do you think artwork should be interchangeable over time?	67%	33%
Does this Master Plan take into consideration your cultural and or religious requirements for your end-of-life choice?	75%	25%

Community Reference Group

In addition to the community engagement, Council invited the community to nominate through an Expression of Interest process to participate in a Community Reference Group. The purpose of the group was to work actively with Council to contribute towards the vision and purpose of the Kulangoor Cemetery Master Plan Review 2023.

The Community Reference Group responsibilities are supported by Community Reference Group 2023 Kulangoor Master Plan Terms of Reference and include:

· Provide input into the draft Kulangoor Cemetery Master Plan Review 2023.

· Work cooperatively with local, state and federal government, community, and business organisations to review and comment on the feedback from the community.

· Provide rigorous and transparent advice to Council on its policies, plans, programs, and services as they relate to the community and cemetery network sector.

· Advise Council regarding effective engagement with the community and cemetery network sector.

· Assist with measuring and understanding what matters to the Sunshine Coast community in regard to end-of-life services and Council cemetery planning.

All those who nominated were accepted to be members of the Community Reference Group, which resulted in a diverse range of community and industry representatives as follows:

· funeral celebrant with local government and commercial property experience

· lawyer and president of a community association

· community member with a personal connection with loved one at Kulangoor Cemetery

· community member with local business and local government experience

· local funeral director

· local stonemason

· representative from the Muslim Organisation of Sunshine Coast (MOSC)

· landscape architect

· academic

· local surveyor and

· retired funeral director.

The Community Reference Group initially met in January 2024 to review the community feedback on the Kulangoor Master Plan Review 2023. In February 2024, an on-site tour of Kulangoor Cemetery was held to consider (in situ) the community and Community Reference Group feedback. At the April Community Reference Group meeting all feedback was further considered and accordingly has informed the Kulangoor Cemetery Master Plan 2024.

The Community Reference Group has continued to add value and insights into Cemetery Services operations including supporting a refresh of the Cemetery Standards and making this information available online for the community. The Community Reference Group have agreed to continue to provide ongoing input into Cemetery Services strategic and operational matters.

Proposal

Kulangoor Cemetery currently has memorial spaces for burials, and interment of cremated remains in memorial walls and under trees.

In 2022, Council commissioned Everlon Studios to review past and current cemetery planning at Kulangoor Cemetery with consideration of contemporary and emerging cemetery needs and trends.

The review and proposed master planning considered the following onsite conditions and current and future services:

· significant land availability at Kulangoor,

· Council’s desire for infrastructure and amenities that promote passive recreation and accessibility in line with the Open Space Strategy, and

· a changing landscape of community needs and expectations for end-of-life services.

The review considered the existing site area which includes an adjoining parcel of land owned by Council to the west. The total land is approximately 19.8ha comprising of:

· existing internment land and associated infrastructure: 3.01ha

· potential infill sites within existing infrastructure: 1.01ha

· undeveloped land suitable for interments and infrastructure: 3.95h, and

· land for environment (not suitable for interment): 11.83ha.

Information and data to inform the review was sourced from the Australian Bureau of Statistics and cemetery sector research. It is an evidenced based approach that supports the Kulangoor Master Plan Review 2023.

When drafting the Kulangoor Master Plan the following was considered providing more details:

· external trends

· demographic profile

· religious and spiritual considerations and

· amenity, landscape, and site capacity.

Following community consultation and feedback from the Community Reference Group, the design was updated and documented in the Kulangoor Cemetery Master Plan Review 2023 - identified amendments (Attachment 2).

The amendments to the original design are summarised below:

· Site 1B: Replacing the amphitheatre with lawn terraces with an ash wall and reflection seating.

· Site O: Relocation of the mausoleum within the cemetery to overlook the maple trees.

· Site 9: Rotating the location of the new development site and public carparking.

The new development site will oversee the cemetery landscape (instead of the road).

· Inclusion of an internal pathway/road lined with ash trees and for all abilities access.

· Enclosing the chapel to allow for privacy and the inclusion of ancillary facilities such as a kitchenette, audio, and climate-control.

· Site R & S: Adjusting the curved beams to straight beams to allow for better use of the land, delivery of operational services and to align to the spaces between the family ash trees.

The Kulangoor Cemetery Master Plan 2024 has considered all recommendations and has the agility and flexibility to be adjusted in future according to conditions as they may change from time to time.

Legal

The management of cemeteries has primarily been guided by the following key state legislation:

· Environmental Protection Act 1994

· Births, Deaths, and Marriages Registration Act 2003

· Coroners Act 2003

· Cremations Act 2003

· Work Health and Safety Act 2011

· Work Health and Safety Regulation 2011.

Further to the above, Council’s Local Law No. 1 (Administration) 2011 and No.4 (Local Government Controlled Areas, Facilities, Infrastructure and Roads) 2011 and their subordinates enable Council to regulate Cemetery related services and sites.

Policy

Policies and plans that have been considered include:

· Cemetery Plan 2019-2028

· Community Strategy 2019-2041

· Environment and Liveability Strategy 2017

· Excellence in Engagement Framework 2021.

The Cemetery Plan 2019-2028 Guiding Principles guide the cemetery planning and operations and accordingly were considered in the development of this review:

· Connecting generations - Respectful of past, present, and future generations supporting the community’s social wellbeing and conserving the Sunshine Coast’s cultural heritage.

· Sustainable cemeteries for the future - Sustainable provision of services that balance the social, environmental, economic, and cultural needs of the community. We are dedicated to reducing our ecological footprint and environmental impacts while supporting our community’s needs and expectations. We are committed to creating meaningful places that are sustainable for generations to come - places that foster connectedness, health, and wellbeing.

· Valuing diversity - Inclusive of beliefs, faith, and customs, recognising the diversity of the Sunshine Coast.

· Responsive innovation and technology - Responsive to the preferences of a growing and changing community. We are committed to delivering service excellence with respect, compassion, integrity, and trust. We will continue to foster strong connections with our community, actively listening to the community’s collective voice to provide options that are meaningful to them. We will invest in smart and creative solutions and technologies in our commitment to cultivate a culture of continuous improvement.

Risks

There is a risk that if the Kulangoor Cemetery Master Plan 2024 is not adopted and Council and the community may be exposed to risks. These may include operational inefficiencies, environmental concerns, community perception and/or financial challenges. Strategies to manage and mitigate risks have been designed to reflect community expectations and priorities.

Table 2. Risks and Strategies to manage identified risks.

Identified risk	Strategy to manage risk
Inefficient land use Without a master plan, the cemetery may run out of space prematurely, or land may be used inefficiently. This can lead to overcrowding and/or the inability to meet future demand.	A well-designed master plan helps improve land use, ensuring there is adequate space for future burials, memorials, and expansion. It can incorporate sustainable land management techniques like using available spaces for multiple purposes and designing for future growth.
Heritage Cemeteries may have historical or cultural significance. Failing to preserve important sites or accommodate future memorials could lead to the loss of valuable heritage or community connections.	A master plan can preserve historically significant sections and integrate cultural traditions into the design, while accommodating modern needs. It can also set aside areas for future memorials or special commemorations, ensuring that the cemetery remains a meaningful place for generations to come.
Community trust A poorly planned cemetery can damage the community's perception, especially if it becomes overcrowded and/or difficult to access. Families might feel their loved ones are buried in an unkempt or improperly designed site.	A well-thought-out plan demonstrates long term care and respect for the community, ensuring that the cemetery meets the needs of families while fostering a sense of reverence and trust. Regular updates on the plan's implementation can also reassure the community and stakeholders.
Environmental Cemetery developments if not appropriately designed, can impact the environment, such as: · poor drainage, · disruption of local ecosystems, or · contamination of water sources due to improper burial practices.	A master plan can incorporate sustainable practices and buffer zones to protect local flora and fauna, and environmentally friendly burial options. It can also ensure the proper location of graves to avoid sensitive ecological areas.
Financial Without a clear plan, the cemetery may incur unexpected costs as it expands or addresses unforeseen issues. Poor planning could also reduce revenue potential if plots are not sold efficiently, or the site isn't well-maintained.	A master plan allows for informed planning including costs for maintenance, expansion and/or new infrastructure. It also allows for cost-effective planning by anticipating future needs and minimising emergency expenditures.
Layout and aesthetics The cemetery may develop ad hoc, and this may lead to an inconsistent layout, which could affect its aesthetic appeal and visitor experience.	A master plan ensures that the design is cohesive, with planned sections for a range burial and interment types (e.g., cremation niches, traditional plots, family plots) and thoughtful landscaping. This improves the overall atmosphere, accessibility, and visitor experience to the cemetery.

Identified risk

Strategy to manage risk

Inefficient land use

Without a master plan, the cemetery may run out of space prematurely, or land may be used inefficiently.

This can lead to overcrowding and/or the inability to meet future demand.

A well-designed master plan helps improve land use, ensuring there is adequate space for future burials, memorials, and expansion.

It can incorporate sustainable land management techniques like using available spaces for multiple purposes and designing for future growth.

Heritage

Cemeteries may have historical or cultural significance.

Failing to preserve important sites or accommodate future memorials could lead to the loss of valuable heritage or community connections.

A master plan can preserve historically significant sections and integrate cultural traditions into the design, while accommodating modern needs.

It can also set aside areas for future memorials or special commemorations, ensuring that the cemetery remains a meaningful place for generations to come.

Community trust
A poorly planned cemetery can damage the community's perception, especially if it becomes overcrowded and/or difficult to access.

Families might feel their loved ones are buried in an unkempt or improperly designed site.

A well-thought-out plan demonstrates long term care and respect for the community, ensuring that the cemetery meets the needs of families while fostering a sense of reverence and trust.

Regular updates on the plan's implementation can also reassure the community and stakeholders.

Environmental
Cemetery developments if not appropriately designed, can impact the environment, such as:

· poor drainage,

· disruption of local ecosystems, or

· contamination of water sources due to improper burial practices.

A master plan can incorporate sustainable practices and buffer zones to protect local flora and fauna, and environmentally friendly burial options.

It can also ensure the proper location of graves to avoid sensitive ecological areas.

Financial

Without a clear plan, the cemetery may incur unexpected costs as it expands or addresses unforeseen issues.

Poor planning could also reduce revenue potential if plots are not sold efficiently, or the site isn't well-maintained.

A master plan allows for informed planning including costs for maintenance, expansion and/or new infrastructure.

It also allows for cost-effective planning by anticipating future needs and minimising emergency expenditures.

Layout and aesthetics

The cemetery may develop ad hoc, and this may lead to an inconsistent layout, which could affect its aesthetic appeal and visitor experience.

A master plan ensures that the design is cohesive, with planned sections for a range burial and interment types (e.g., cremation niches, traditional plots, family plots) and thoughtful landscaping.

This improves the overall atmosphere, accessibility, and visitor experience to the cemetery.

The development of a master plan for a cemetery addresses risks by ensuring sustainable growth, operational efficiency and respect for the community and the environment.

Previous Council Resolution

Ordinary Meeting 19 September 2019 (OM19/143)

That Council:

(a) receive and note the report titled “Cemetery Plan Review” and

(b) endorse the Sunshine Coast Cemetery Plan 2019 - 2028 (Appendix A).

Related Documentation

· Sunshine Coast Council Corporate Plan 2019-2023

· Sunshine Coast Council Cemetery Plan 2019–2028

· Sunshine Coast Community Strategy 2019-2041

· Sunshine Coast Environment and Liveability Strategy 2017

· Sunshine Coast Reconciliation Action Plan 2017-2019

· Sunshine Coast Council Local Laws

· Kulangoor Cemetery Master Plan Review 2023

· Kulangoor Master Plan Community Reference Group Terms of Reference.

Critical Dates

There are no critical dates related to this report.

Implementation

Should the recommendation be accepted by Council, it is noted that the Chief Executive Officer will implement the Kulangoor Cemetery Master Plan 2024 which will be used to guide future planning, decision-making, delivery, and operations at the Kulangoor Cemetery.

Ordinary Meeting Agenda 12 December 2024

8.4 November 2024 Financial Performance Report

File No: Council Meetings

Author: Coordinator Financial Services

Business Performance Group

Attachments: Att 1 - November 2024 Financial Performance Report
(to be provided)........................................................................... 157 ⇩

Att 2 - November 2024 Capital Grant Funded Project Report
(to be provided)........................................................................... 159 ⇩

purpose

To meet Council’s legislative obligations, a monthly report must 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 30 November 2024, in terms of the operating result and delivery of the capital program.

Operating Performance

Table 1: Operating Budget as at 30 November 2024

	Original Budget $000	Current Budget $000
Total Operating Revenue	610,085	611,533
Total Operating Expenses	587,086	589,838
Operating Result	22,999	21,696

Details of the monthly financial report are contained in Attachment 1 (to be provided).

Officer Recommendation

That Council receive and note the report titled “November 2024 Financial Performance Report”

Finance and Resourcing

This report sets out the details of Council’s financial performance and investments for the month ending 30 November 2024, 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

Councillor Consultation

Consultation has been undertaken with the Portfolio Councillors, E Hungerford and J Broderick.

Internal Consultation

This report has been written in conjunction with advice from:

· Acting Chief Executive Officer

· Acting 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 2024-25 Investment Policy, and

Sunshine Coast Council’s 2024-25 Debt Policy.

Risk

The 2024-25 budget has been developed to ensure long term financial sustainability for the Sunshine Coast region. A key element to long term financial sustainability is achieving the targeted operating result.

Council’s operating result includes savings initiatives of $14.7 million. Failure to achieve the budgeted operating result will negatively impact Council’s financial sustainability both in the short term and long term.

Continued monitoring of the delivery of the capital works program within budgeted scope and cost.

Previous Council Resolution

Special Meeting 20 June 2024 (OM24/4)

That Council:

1. STATEMENT OF ESTIMATED FINANCIAL POSITION

receive and note Appendix A, pursuant to section 205 of the Local Government Regulation 2012, the statement of the financial operations and financial position of the Council in respect to the 2023-24 financial year.

2. ADOPTION OF BUDGET

adopt Appendix A as tabled, pursuant to sections 169 and 170 of the Local Government Regulation 2012, Council’s budget for 2024-25 financial year incorporating:

i. the statement of income and expenditure

ii. the statement of financial position

iii. the statement 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 30 May 2024)

viii. the Revenue Policy (adopted by Council resolution on 30 May 2024)

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 2024-25 Capital Works Program, endorsing the indicative four-year program for the period 2026 to 2029, and noting the five-year program for the period 2030 to 2034

xii. the rates and charges to be levied for the 2024-25 financial year and other matters as detailed below in clauses 3 to 10

xiii. the 2024-25 Minor Capital Works Program

xiv. the Strategic Environment Levy Policy

xv. the Strategic Arts and Heritage Levy Policy

xvi. the Strategic Transport Levy Policy and

xvii. Prescribed Services Charge Plan (No. 2) 2024-25 Financial Year.

Ordinary Meeting 26 September 2024 (OM24/82)

That Council:

(a) receive and note the report titled “Budget Review 1 – 2024-25” and

(b) adopt Appendix A as tabled, pursuant to sections 169 and 170 of the Local Government Regulation 2012, Council’s amended budget for 2024-25 financial year incorporating:

i. the statement of income and expenditure

ii. the statement of financial position

iii. the statement of changes in equity

iv. the statement of cash flow

v. the relevant measurers of financial sustainability

vi. the long-term financial forecast

vii. Council’s 2024-25 Capital Works Program, endorse the indicative four-year program for a period 2026 to 2029, and note the five-year program for the period 2030 to 2034

(c) note the following documentation applies as adopted 22 June 2024

i. the Debt policy

ii. the Revenue policy

iii. the total value of 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

iv. the Revenue statement

v. the rates and charges to be levied for the 2024-25 financial year and other matters as adopted 22 June 2024

vi. the Strategic Environment Levy Policy

vii. the Strategic Arts and Heritage Levy Policy

viii. the Strategic Transport Levy Policy

ix. Prescribed Services Charge Plan (No. 2) 2024-25 Financial Year and

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

Related Documentation

2024-25 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 12 December 2024

8.5 Budget Review 2

File No: Council Meetings

Author: Coordinator Financial Services

Business Performance Group

Appendices: App a - 2024-25 Amended Budget Financial Statements... 169 ⇩

App b - 2024-25 Amended Minor Capital Works Program 183 ⇩

purpose

To amend the 2024-25 budget to reflect Council’s anticipated revenue and expenditure forecasts to 30 June 2025.

Executive Summary

Section 170 of the Local Government Regulation 2012 allows Council to amend its budget by resolution at any time before the end of the financial year. Major budget reviews are undertaken on a periodic basis to reflect management’s best estimate of its financial position at the end of a financial year.

The result of this budget review will decrease the 2024-25 operating result by $17.9 million to $3.7 million. Capital revenues will increase by $2.8 million from $151.4 million to $154.2 million. Expenditure under the Capital Program will increase by $15.2 million from $245 million to $260.1 million.

The amendments in this budget review will decrease the 2024-25 forecast closing cash balance by $16.3 million to $182 million as at 30 June 2025.

Officer Recommendation

That Council:

(a) receive and note the report titled “Budget Review 2 2024-25”

(b) adopt Appendix A as tabled, pursuant to sections 169 and 170 of the Local Government Regulation 2012, Council’s amended budget for 2024-25 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) Council’s 2024-25 Capital Works Program, endorse the indicative four-year program for the period 2026 to 2029, and note the five-year program for the period 2030 to 2034

(viii) the Debt Policy

(c) note the following documentation applies as adopted 20 June 2024

(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, and

(iii) the Revenue Statement

(iv) the rates and charges to be levied for the 2024-25 financial year and other matters as adopted 20 June 2024

(v) the Strategic Environment Levy Policy

(vi) the Strategic Arts and Heritage Levy Policy

(vii) the Strategic Transport Levy Policy

(viii) Prescribed Services Charge Plan (No. 2) 2024-25 Financial Year and

(d) endorse the 2024-25 Minor Capital Works Program (Appendix B).

Finance and Resourcing

Adoption of the recommendation of this report will formally amend the 2024-25 Budget.

The revised closing cash balance for 2024-25 and the amendments in this budget review will decrease the cash position by $16.3 million to $182 million as at 30 June 2025.

Loan borrowing for 2024-25 will increase to $23.2 million.

	2024-25	2024-25
Loan Borrowings	Budget Review 1	Budget Review 2
	$'000	$'000
Total Loan Borrowings	20,300	23,200
Waste	10,500	21,200
Holiday Parks	1,500	1,700
Sunshine Coast Stadium Expansion	7,000	0
Caloundra Aerodrome Masterplan	1,300	300

Corporate Plan

Corporate Plan Goal: Our outstanding organisation

Outcome: We serve our community by providing this great service

Consultation

Councillor Consultation

All Councillors have been consulted in relation to this report.

Internal Consultation

Internal Consultation was held with relevant stakeholders.

External Consultation

No external consultation is required for this report.

Community Engagement

No community engagement is required for this report.

Proposal

Section 170 of the Local Government Regulation 2012 allows Council to amend its budget by resolution at any time before the end of the financial year.

Budget reviews are undertaken on a periodic basis to reflect management’s best estimate of its financial position at the end of a financial year. Prudent financial management also requires Council to amend its budget if there are material changes to expected revenue or expenses for the year.

The below table highlights the adjustments required to the 2024-25 budget through both operational and capital expenditure and revenues.

Table 1: Revised 2024-25 Budget Summary
(Detailed contained in Appendix A)

	2024-25	2024-25
	Budget Review 1	Budget Review 2	Change
	$'000	$'000	$'000
Operating Revenue	611,533	620,020	8,487
Operating Expenditure	589,838	616,224	26,386
Operating Result	21,696	3,796	(17,900)
Capital Revenue	151,405	154,201	2,796
Capital Expenditure - SCC Core	143,458	152,386	8,928
Capital Expenditure – Other Capital Program	101,456	107,735	6,279
Total Capital Expenditure	244,914	260,120	15,206
Total Cash balance as at 30 June 2025	198,279	182,004	(16,275)

Council’s operating budget is proposed to decrease by $17.9 million to $3.7 million, with adjustments in excess of $100,000 as follows::

	2024-25	2024-25	2024-25
Adjustment	Revenue	Expenditure	NET Impact
	$'000	$'000	$'000
Total Operating Adjustments	8,386	26,386	(18,000)
Waste Levy Budget not captured in original budget	8,910	8,233	677
Waste Collections revenue increase based on year-end forecast calculated on first quarter trend with related increase to expenditure	462	280	182
Development Services Fees and Charges reduction based on year-end forecast calculated on first quarter trend.	(1,600)		1,600
Communications revenue with related expenditure	1,106	127	979
Sunshine Coast Stadium impact of delayed construction start	816	1,182	366
Revenue reduction due to cancellation of secured scheduled event	(260)		260
Holiday Park revenue and related expenditure adjustment based on year-end forecast calculated on first quarter trend	626	208	418
Interest Received from Investments reduction based on year-end forecast calculated on first quarter trend.	(2,013)		2,013
Deprecation adjustment based on 2023-24 financial year-end result due to revaluation resulting in high asset values.		11,136	11,136
Caloundra Library + additional operational funding for 2024-25		289	289
Planning Appeal Legal Expenses increase due to longer appeal duration and high complexity		260
Interest on borrowings reduction – new loans interest rate lower than budgeted		(160)	(160)
Consolidated small Operational Adjustments	605	210	395
*Budget Efficiency Savings not achieved:*
Organisational Alignment		1,000	1,000
Quarry Review		721	721
Fleet		1,000	1,000
Sunshine Coast Parade 24 hr Charge	(100)		100
Property Integration		300	300
Employee Costs Vacancy Rate (% of positions unfilled over a period of time)		1,600	1,600

Capital expenditure has increased by $15.2 million from $244.9 million to $260.1 million.

A number of the projects which have had budget deferred have only had part of the budget deferred. These projects have sufficient funding remaining to allow expected works to be completed in 2024/25.

	2024-25	2024-25
Adjustment	Revenue	Expenditure
	$'000	$'000
Externally funded projects	11,425	15,350
*Budget Review 2 Major Deferrals*
Sunshine Coast Stadium Expansion		(6,937)
Moffat Beach Seawall		(4,293)
Sippy Downs Library and Community Venue		(4,151)
Mooloolaba Foreshore Stage 2 – Central Meeting Place		(2,760)
Caloundra Transport Corridor Upgrade		(2,000)
North Arm Road Gravel Road Upgrade		(1,600)
Oval Avenue and Arthur Street Stormwater		(1,290)
Maple Street – Maleny Streetscape		(1,250)
Caloundra Aerodrome Masterplan		(1,075)
Lakewood Drive and Monak Road Gravel Road Upgrade		(1,000)

Legal

The report complies with Council’s legislative obligations to amend its budget in accordance with Section 170 of the Local Government Regulation 2012.

Policy

There are no policy implications associated with this report.

Risk

The 2024-25 budget was developed to ensure long term financial sustainability for the Sunshine Coast region. A key element to long term financial sustainability is achieving the targeted operating result. The failure to achieve the original budgeted operating result negatively impacts Council’s financial sustainability both in the short term and long term.

Continued monitoring of the delivery of the capital works program within budgeted scope and cost. Capital works deferrals will need to be continually addressed during future budget review processes.

While this report focuses on the estimated financial position at the end of the current financial year, it is important to acknowledge that significant work is still required for both the capital and operating budgets to ensure there is no impact to Council’s long-term financial sustainability. Financial targets set for the 2025-26 financial year will need to be closely monitored during next year’s budget development.

Previous Council Resolution

Special Meeting 20 June 2024 (OM24/4)

That Council:

1. STATEMENT OF ESTIMATED FINANCIAL POSITION

2. ADOPTION OF BUDGET

adopt Appendix A as tabled, pursuant to sections 169 and 170 of the Local Government Regulation 2012, Council’s budget for 2024-25 financial year incorporating:

i. the statement of income and expenditure

ii. the statement of financial position

iii. the statement 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 30 May 2024)

viii. the Revenue Policy (adopted by Council resolution on 30 May 2024)

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 2024-25 Capital Works Program, endorsing the indicative four-year program for the period 2026 to 2029, and noting the five-year program for the period 2030 to 2034

xii. the rates and charges to be levied for the 2024-25 financial year and other matters as detailed below in clauses 3 to 10

xiii. the 2024-25 Minor Capital Works Program

xiv. the Strategic Environment Levy Policy

xv. the Strategic Arts and Heritage Levy Policy

xvi. the Strategic Transport Levy Policy and

xvii. Prescribed Services Charge Plan (No. 2) 2024-25 Financial Year.

Ordinary Meeting 26 September 2024 (OM24/82)

That Council:

(a) receive and note the report titled “Budget Review 1 – 2024-25” and

(b) adopt Appendix A as tabled, pursuant to sections 169 and 170 of the Local Government Regulation 2012, Council’s amended budget for 2024-25 financial year incorporating:

i. the statement of income and expenditure

ii. the statement of financial position

iii. the statement of changes in equity

iv. the statement of cash flow

v. the relevant measurers of financial sustainability

vi. the long-term financial forecast

vii. Council’s 2024-25 Capital Works Program, endorse the indicative four-year program for a period 2026 to 2029, and note the five-year program for the period 2030 to 2034

(c) note the following documentation applies as adopted 22 June 2024

i. the Debt policy

ii. the Revenue policy

iii. the total value of 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

iv. the Revenue statement

v. the rates and charges to be levied for the 2024-25 financial year and other matters as adopted 22 June 2024

vi. the Strategic Environment Levy Policy

vii. the Strategic Arts and Heritage Levy Policy

viii. the Strategic Transport Levy Policy

ix. Prescribed Services Charge Plan (No. 2) 2024-25 Financial Year and

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

Related Documentation

2024-25 Adopted Budget

Critical Dates

Following adoption of this report, subsequent monthly financial reports will reflect the amendments in the current budget.

Implementation

Council’s budget will be formally adjusted following the Council resolution and included in future monthly reports.

Ordinary Meeting Agenda 12 December 2024

8.6 Audit Committee Meeting 25 November 2024

File No: Council Meetings

Author: Manager Audit, Assurance and Risk Advisory Services

Civic Governance

Appendices: App a - Minutes of the Audit Committee meeting of 25 November 2024 195 ⇩

purpose

To provide Council with a report on matters reviewed at the Audit Committee (“the Committee”) meeting held on 25 November 2024 and recommendations made by the Committee to Council.

This report is provided in fulfillment of Council’s obligations under section 105 of the Local Government Act 2009 and section 211 of the Local Government Regulation 2012.

Executive Summary

Under section 105 (2) of the Local Government Act 2009, Council is required to establish and maintain an Audit Committee. Council’s Audit Committee is comprised of Mr Mitchell Petrie (Independent Chair), Mr Pat McCallum (Independent Member), Ms Sue Tindal (Independent Member), Councillor E Hungerford and Councillor J Broderick.

Under Clause 6 of the Audit Committee Charter, the Committee meets (at a minimum) four times each year or as determined by Council or the Committee.

The agenda for the Audit Committee on 25 November 2024 covered the following matters:

· Meeting Minutes and Audit Committee Resolutions/Action Items

· Chief Executive Officer's Update

· Finance: Queensland Audit Office: Closing Report and Final Management Letter for 2023/24

· People: Wellbeing Health and Safety Report

· Governance: Integrity Report

· Governance: Compliance Program Update

· Governance: Strategic Risk Update Report

· Governance: Operational Risk Update Report

· Governance: Internal Audit Program of Work update

· Governance: Recommendation Monitoring

· Audit Committee: Proposed Action Plan for Improvement

· Audit Committee: Committee Chair Annual Report

Officer Recommendation

That Council:

(a) receive and note the report titled “Audit Committee Meeting 25 November 2024” and

(b) endorse the Minutes of the Audit Committee meeting of 25 November 2024 (Appendix A).

Finance and Resourcing

There are no financial or resourcing issues specifically associated with this report. The report fulfils the statutory reporting obligations of Council.

Corporate Plan

Corporate Plan Goal: Our outstanding organisation

Outcome: We serve our community by providing this great service

Operational Activity: S30 - Governance – providing internal leadership, legal opinion, governance and audit functions ensuring legislative accountability, transparency and ethical obligations are supported.

Consultation

Councillor Consultation

Councillors Broderick and Hungerford attended and participated in the Audit Committee meeting on 25 November 2024.

All Councillors received the Audit Committee agenda and papers prior to the meeting.

Internal Consultation

The Acting Chief Executive Officer and other Executive Leadership Team (ELT) members participated in the Committee meeting and contributed to the development of the Committee Agenda papers. Other officers consulted in the preparation of papers for consideration at the Audit Committee meeting on 25 November 2024 included:

· Chief Financial Officer

· Coordinator Financial Accounting.

The Acting Chief Executive Officer and all ELT members received the Audit Committee agenda and papers prior to the meeting.

External Consultation

The independent members of the Committee were present at the Committee meeting on 25 November 2024.

All attendees received the Audit Committee agenda and papers prior to the meeting.

Proposal

Under section 105 (2) of the Local Government Act 2009, Council (as a large local government) must establish and maintain an Audit Committee. The Act provides the Audit Committee has the following functions:

(a) monitors and reviews—

(i) the integrity of financial documents; and

(ii) the internal audit function; and

(iii) the effectiveness and objectivity of Council’s internal auditors; and

(b) makes recommendations to Council about any matters that the Committee considers need action or improvement.

The Committee has no delegated decision-making authority. The Committee is, however, a source of independent advice to Council and the Chief Executive Officer.

The Committee is comprised of Mr Mitchell Petrie (Independent Chair), Mr Pat McCallum (Independent Member), Ms Sue Tindal (Independent Member), Councillor E Hungerford and Councillor J Broderick.

The overall objective of the Committee is to assist Council and the Chief Executive to discharge their responsibilities, in particular:

· corporate governance and responsibilities in relation to the organisation’s financial reporting, internal control structure, risk management systems and the external and internal audit functions

· maintain an independent and objective forum promoting transparency, accountability and an ethical culture throughout Council

· maintain open lines of communications with Council, Executive Management, External Audit and Internal Audit, to exchange information and views

· oversee and appraise the quality and efficiency of audits conducted by both the Internal and External Audit functions and

· ensure both the Internal and External Audit functions are independent and effective.

Under section 211 of the Local Government Regulation 2012, the Committee must provide Council with a written report about the matters reviewed at its meetings and make recommendations to Council on any matters the Committee considers need action or improvement. The Committee meets at least four times each year.

The most recent meeting of the Audit Committee took place on 25 November 2024. The minutes of the Committee meeting are provided at Appendix A to this report.

Legal

This report to Council has been developed to meet Council’s statutory obligations under the Local Government Act 2009 and Local Government Regulation 2012.

Risk

Specific risks associated with each matter contained in the Committee Agenda reports have been raised and addressed in the briefings to the Committee.

Previous Council Resolution

Ordinary Meeting 21 November 2024 (OM24/116)

That Council:

(a) receive and note the report titled “Audit Committee Meeting 25 November 2024” and

(b) endorse the Minutes of the Audit Committee meeting of 25 November 2024 at Appendix A to this report.

Ordinary Meeting 26 September 2024 (OM24/79)

That Council:

(a) receive and note the report titled “Audit Committee Meeting 2 September 2024” and

(b) endorse the Minutes of the Audit Committee meeting of 2 September 2024 at Appendix A to this report.

Ordinary Meeting 20 June 2024 (OM24/46)

That Council:

(a) receive and note the report titled “Audit Committee Meeting 23 May 2024”

(b) endorse the Minutes of the Audit Committee meeting of 23 May 2024 at Appendix A to this report and

(c) accept the recommendation of the Audit Committee dated 23 May 2024 and in doing so, approve the 2024 – 2025 Internal Audit Program of Work at Appendix B.

Ordinary Meeting 7 March 2024 (OM24/15)

That Council:

(a) receive and note the report titled “Audit Committee Meeting 26 February 2024” and

(b) endorse the Minutes of the Audit Committee meeting of 26 February 2024 at Appendix A to this report.

Ordinary Meeting 18 January 2024 (OM24/7)

That Council:

(a) receive and note the report titled “Appointment of Independent Audit Committee Member”

(b) approve the appointment of the independent Audit Committee member, as discussed in confidential session, for a term of three years from and including 18 January 2024 and concluding on 31 December 2026 and

(c) authorise the Chief Executive Officer to publicly release the name of the person appointed as a member of the Audit Committee, should Council endorse the recommendations in this report.

Ordinary Meeting 14 December 2023 (OM23/151)

That Council:

(a) receive and note the report titled “Audit Committee Meeting 9 November 2023” and

(b) endorse the Minutes of the Audit Committee meeting of 9 November 2023 at Appendix A to this report.

Related Documentation

Implementation

Implementation of the Audit Committee resolutions and the internal and external audit recommendations are overseen by the Chief Executive Officer and the Executive Leadership Team and monitored by the Audit Committee.

Ordinary Meeting Agenda 12 December 2024

8.7 Appointment of Independent Audit Committee Member

File No: Council Meetings

Author: Manager Audit, Assurance and Risk Advisory Services

Civic Governance

Attachments: Att 1 - Recommended Candidate Confidential…………………….5/8

Att 2 - Audit Committee Charter........................................... 221 ⇩

purpose

The purpose of this report is to seek Council’s approval for the appointment of an Independent Member and Chair of Council’s Audit Committee.

While this is a public report, it is considered the name of the nominated candidate should be maintained as confidential information until such time as Council has made its decision on the recommendations in this report.Accordingly, should Councillors wish to discuss the identity of the nominee for appointment to the Audit Committee, it is recommended that Council resolve to close the meeting under section 254J (1) of the Local Government Regulation 2012 on the basis that the information contained in Confidential Attachment 1 is confidential under section 254J (3) (g) of the Regulation on the basis that it relates to negotiations relating to a commercial matter involving the local government for which a public discussion would be likely to prejudice the interests of the local government.

Council will need to resolve its decision on this report in that part of the Council meeting which is viewable by the public.The report also contains a recommendation to authorise the Chief Executive Officer to publicly release the name of the nominee for appointment to the Audit Committee should Council resolve to accept the recommendations in this report.

Executive Summary

The term of one of the three Independent Members of the Sunshine Coast Council Audit Committee, Mr Mitchell Petrie, concludes on 31 December 2024.

At this time, the Audit Committee comprised three independent members and two Councillors, namely:

• Mr Mitchell Petrie (Independent Member and Chair)

• Mr Patrick McCallum (Independent Member)

• Ms Suzanne Tindal (Independent Member)

• Councillor E Hungerford (Councillor for Division 7 and Outstanding Organisation Portfolio Councillor)

• Councillor J Broderick (Councillor for Division 1 and Outstanding Organisation Portfolio Councillor)

The selection of the proposed nominee to the role of independent member of the Audit Committee has occurred in compliance with the requirements of the Audit Committee Charter (Attachment 2).

Subject to Council resolving to accept the recommendations in this report, it is proposed that the recommended appointee be appointed for a term from and including 1 January 2025, concluding on 31 December 2028.

Officer Recommendation

That Council:

(a) receive and note the report titled “Appointment of Independent Audit Committee Member”

(b) approve the appointment of the independent Audit Committee member as recommended, for a term of four years from and including 1 January 2025 and concluding on 31 December 2028 and

(c) authorise the Chief Executive Officer to publicly release the name of the person appointed as a member of the Audit Committee, should Council endorse the recommendations in this report.

Finance and Resourcing

As at 1 July 2024:

• an independent Audit Committee Member and Chair receives an annual remuneration fee of $10,475.71 GST exclusive. This fee is then divided by the number of meetings and paid per meeting.

• an independent Audit Committee Member receives an annual remuneration fee of $9,145.46 GST exclusive. This fee is then divided by the number of meetings and paid per meeting.

The costs associated with the remuneration for the Audit Committee members are met from within the budget of the Audit, Assurance and Risk Advisory Services Branch in the Civic Governance Group.

Corporate Plan

Corporate Plan Goal: Our outstanding organisation

Outcome: We serve our community by providing this great service

Consultation

Councillor Consultation

Audit Committee Councillors - Councillor E Hungerford, Councillor J Broderick, and previous Audit Committee member, Councillor J Natoli.

Internal Consultation

Acting Chief Executive Officer

Acting Group Executive, Civic Governance

External Consultation

Given this involves a confidential selection process, it has not been appropriate to engage in external consultation.

Community Engagement

Given this involves a confidential selection process, it has not been appropriate to undertaken community engagement in relation to this matter.

Proposal

Under section 105 (2) of the Local Government Act 2009, Council (as a large local government) must establish and maintain an Audit Committee. The Act provides the Audit Committee has the following functions:

(a) monitors and reviews—

(i) the integrity of financial documents; and

(ii) the internal audit function; and

(iii) the effectiveness and objectivity of Council’s internal auditors; and

(b) makes recommendations to Council about any matters that the Committee considers need action or improvement.

The Committee has no delegated decision-making authority. The Committee is, however, a source of independent advice to Council and the Chief Executive Officer.

The overall objective of the Committee is to assist Council and the Chief Executive to discharge their responsibilities, in particular:

• corporate governance and responsibilities in relation to the organisation’s financial reporting, internal control structure, risk management systems and the external and internal audit functions

• maintain an independent and objective forum promoting transparency, accountability, and an ethical culture throughout Council

• maintain open lines of communications with Council, Executive Management, External Audit, and Internal Audit, to exchange information and views

• oversee and appraise the quality and efficiency of audits conducted by both the Internal and External Audit functions and

• ensure both the Internal and External Audit functions are independent and effective.

Section 210 (1) of the Local Government Regulation 2012 and the Audit Committee Charter provide that the Committee must consist of at least three and no more than six members and:

• should include one, but no more than two, Councillors, and

• at least one member who has significant experience and skills in financial matters.

A review in late 2021 found the larger SEQ Councils had at least three independent members on their respective Audit Committees and the number of independent members always exceeded the number of Councillors. As a consequence of that review, Council resolved on 24 February 2022 (OM22/14) to amend the composition of its Audit Committee to increase the number of independent members from two to three people.

The Committee is currently comprised of Mr Mitchell Petrie (Independent Chair), Mr Patrick McCallum (Independent Member), Ms Suzanne Tindal (Independent Member), Councillor E Hungerford and Councillor J Broderick.

With the conclusion of the term of Mr Mitchell Petrie, Council officers have conducted the process contemplated by the Sunshine Coast Council Audit Committee Charter to arrive at the recommendation in this report.

Should Council accept the recommendations in this report, the composition of Council’s Audit Committee will be maintained at three independent members and two Councillors.

Legal

Section 105 (2) of the Local Government Act 2009 and section 210 (1) of the Local Government Regulation 2012 are relevant to the appointment recommended in this report.

Policy

The recommendations presented in this report are consistent with the resolution of Council of 24 February 2022 and the Audit Committee Charter endorsed by Council 20 February 2020.

Risk

There are no discernible significant risks to Council in proceeding to consider the recommendation in this report.

Previous Council Resolution

Ordinary Meeting 18 January 2024 (OM24/7)

That Council:

(a) receive and note the report titled “Appointment of Independent Audit Committee Member”

(c) authorise the Chief Executive Officer to publicly release the name of the person appointed as a member of the Audit Committee, should Council endorse the recommendations in this report.

Ordinary Meeting 28 July 2022 (OM22/57)

That Council:

(a) receive and note the report titled “Appointment of Independent Audit Committee Member” and

(b) approve the appointment of the additional independent Audit Committee member, as discussed in confidential session, for a term of three years from and including 1 August 2022 and concluding on 31 July 2025 and

(c) authorise the Chief Executive Officer to publicly release the name of the person appointed as the additional member of the Audit Committee, should Council endorse the recommendations in this report.

Ordinary Meeting 24 February 2022 (OM22/14)

That Council:

(a) receive and note the report titled “Audit Committee Meeting 24 January 2022”

(b) endorse the Audit Committee Minutes 24 January 2022 (Appendix A)

(c) approve an amendment to the composition of the Audit Committee to increase the number of independent members to three persons and

(d) authorise the Chief Executive Officer to commence a process to recruit the additional independent member of the Audit Committee.

Ordinary Meeting 22 July 2021 (OM21/70)

That Council:

(a) receive and note the report titled “Appointment of Independent Audit Committee Chair” and

(b) appoint Mr Mitchell Petrie as the Independent Audit Committee Chair to December 2024.

Ordinary Meeting 12 November 2020 (OM20/125)

That Council:

(a) receive and note the report titled “Appointment of Independent Audit Committee Members”

(b) appoint Mr Mitchell Petrie as the Independent Audit Committee Member from January 2021 to December 2024 (4 years) and

(c) appoint Mr Patrick McCallum as the Independent Audit Committee Member from January 2021 to December 2023 (3 years).

Related Documentation

Audit Committee Charter.

Critical Dates

As the next meeting of Council’s Audit Committee is scheduled to take place in February 2025, it is preferable that Council consider this recommendation prior to that date so that the full complement of the Audit Committee membership is in place for that meeting.

Implementation

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

· advise the nominee of their appointment to the Audit Committee; and

· publicly release details relating to the appointment.

Ordinary Meeting Agenda 12 December 2024

8.8 Amendment Local Law No.1 (Animal Management) 2024

File No: Council Meetings

Author: Acting Manager Governance and Executive Services

Civic Governance

Appendices: App a - Amendment Local Law No.1 (Animal Management) 2024 231 ⇩

Attachments: Att 1 - Local Law No.2 (Animal Management) Tracked Changes 237 ⇩

purpose

The purpose of this report is to seek a Council resolution to make Amendment Local Law No. 1 (Animal Management) 2024 in response to the State Government’s amendments to the Animal Management (Cats and Dogs) Act 2008 (Qld).

Executive Summary

Amendment Local Law No. 1 (Animal Management) 2024 makes consequential changes to Local Law No. 2 (Animal Management) 2011 resulting from the State Government's amendments to the Animal Management (Cats and Dogs) Act 2008 (Qld), which came into effect on 28 August 2024.

Following a review of the regulated dog provisions, the State Government’s legislative amendments introduced statewide ‘effective control’ provisions, including increased penalties for general off-leash offences. The Amendment Local Law No. 1 (Animal Management) 2024 resolves inconsistencies between Local Law No. 2 (Animal Management) 2011 and the newly amended provisions of the Animal Management (Cats and Dogs) Act 2008 (Qld).

Local laws are subordinate statutory instruments, and where there are inconsistencies with State legislation, the State laws prevail. To remove the inconsistencies in Local Law No. 2 (Animal Management) 2011 resulting from the State Government's changes, an Amendment Local Law will need to be made to make those changes.

Amendment Local Law No. 1 (Animal Management) 2024 seeks to:

· remove redundant provisions (including provisions referring to the now abolished category of restricted dogs), and

· add references to the new category called prohibited dogs.

Attachment 1 provides the tracked changes proposed to Local Law No. 2 (Animal Management) 2011.

As the changes are administrative in nature, bringing the local law in line with State legislation, and there are no substantive changes affecting the rights or responsibilities of any member of the community, public consultation in the local law making process is not required.

Officer Recommendation

That Council:

(a) receive and note the report titled “Amendment Local Law No.1 (Animal Management) 2024”

(b) resolve to make Amendment Local Law No. 1 (Animal Management) 2024 (Appendix A)

(c) note the proposed amendments have been reviewed pursuant to section 38 of the Local Government Act 2009 (Qld) and the amendments do not contain
anti-competitive provisions and

(d) note there is no requirement for community consultation in this local law making process as Council is removing redundant provisions now covered by State government legislation (Animal Management (Cats and Dogs) Act 2008 (Qld)) and updating references to align to the State legislation.

Finance and Resourcing

The Local Law Making Process has been undertaken utilising existing resources and has been funded through existing budget allocations within the Governance and Executive Services Branch.

Corporate Plan

Corporate Plan Goal: Our outstanding organisation

Outcome: We serve our community by providing this great service

Consultation

Councillor Consultation

Outstanding Organisation Portfolio Councillors, Councillor Hungerford and Councillor Broderick, have been consulted.

Internal Consultation

Internal consultation was undertaken as part of the Local Law Making Process with the below officers:

· Acting Group Executive Customer & Planning Services

· Acting Manager Customer Response

· Acting Coordinator Response Services

External Consultation

It is anticipated that the community will be able to review and comment on the draft Dog Exercise Area Regional Plan and Network Blueprint in early 2025.

Community Engagement

Amendment Local Law No. 1 (Animal Management) 2024 removes what is now regulated by State Government due to the State Government amendments to the Animal Management (Dogs and Cats) Act 2008 (Qld).

Council’s local law making process (refer to Table 2 – Local Law Making Process) , consistent with good governance practice, normally provides for community consultation regarding proposed (draft) local law amendments, however, this is not a legislative requirement. Where the amendments are administrative in nature only and there is no substantive change affecting the rights or obligations of any member of the public, community consultation is not required.

Proposal

Amendment Local Law No.1 (Animal Management) 2024 makes consequential changes to Local Law No. 2 (Animal Management) 2011 resulting from the State Government's amendments to the Animal Management (Cats and Dogs) Act 2008 (Qld).

The State Government’s legislative amendments implement recommendations of the Strong dog laws: Safer communities discussion paper, and made significant changes to the control and management of dogs in Queensland, including:

· banning restricted breeds of dogs in Queensland

· introducing a statewide requirement to keep dogs under effective control

· increasing the penalties for offences relating to the control of dogs, up to and including imprisonment for the most serious offences, and

· streamlining and clarifying processes for external reviews and destruction orders of regulated dogs.

The Amendment Local Law No. 1 (Animal Management) 2024 resolves inconsistencies between Local Law No. 2 (Animal Management) 2011 and the newly amended provisions of the Animal Management (Cats and Dogs) Act 2008 (Qld).

Amendment Local Law No. 1 (Animal Management) 2024 seeks to:

· remove redundant provisions (including provisions referring to the now abolished category of restricted dogs)

· update references to provisions of the Animal Management (Cats and Dogs) Act 2008 (Qld) where relevant, and

· add references to the new category called prohibited dogs.

Attachment 1 provides the tracked changes to Local Law 2 (Animal Management) 2011.

It is important to note that the head of power regarding effective control of dogs in public places is now the Animal Management (Cats and Dogs) Act 2008 (Qld). Dogs are now excluded from the local law provision that required effective management of animals in public places, but the provision continues to apply to other animals in public. Minor technical amendments have occurred with these changes.

An overview of the proposed amendments is provided in Table 1 below.

Proposed Amendments

The proposed Local Law amendment will amend Local Law No. 2 (Animal Management) 2011 to remove redundant provisions due to the amendments to the Animal Management (Cats and Dogs) Act 2008 (Qld). Details of all amendments are provided in Attachment 1.

Table 1 – Proposed overview of changes

Local Law	Proposed Change	Reason for change
Local Law No. 2 (Animal Management) 2011	· Remove the provision for and definition of effective management of a dog	Redundant provision as the Animal Management (Cats and Dogs) Act 2008 (Qld) now regulates effective control of all dogs, regulated or not, and the definition of ‘effective management’ is now covered in the Act’s section 192 definition.
	· In the provision empowering Council to prohibit keeping of animals in prescribed circumstances, remove reference to the now abolished category of ‘restricted dogs’ and update the footnote accordingly.	The restricted dog reference is now redundant.
	· In the provision empowering Council to require approval for keeping animals in prescribed circumstances, removal of the exclusion for restricted dogs, and removal of the associated footnote.	Restricted dog permits are no longer possible under the Animal Management (Cats and Dogs) Act 2008 (Qld).
	· Removal of references to ‘dogs’ in the control of animals in public places.	The offence under the local law no longer applies to dogs as they are now covered by the effective control of dogs provision in the Animal Management (Cats and Dogs) Act 2008 (Qld).
	· The local law provisions that referred to impounding a dog for not being under effective management as per the local law are now replaced with a reference to the dog not being under effective control as per section 192 of the Animal Management (Cats and Dogs) Act 2008.	New definition recognises that requirements for dogs are now under the Animal Management (Cats and Dogs) Act 2008 (Qld).

Local Law Making Process

Before the amendment local law can be made, a number of statutory and other requirements are normally required to be fulfilled. Table 2 below outlines these requirements:

Table 2 – Local Law Making Process

Statutory Requirement	Action taken	Date	Status
Propose to make local law amendments	Not required	N/A	N/A
Community Consultation	Not required	N/A	N/A
Report to Council to make the amendment subordinate local laws	Report presented to Council to make a recommendation on whether to proceed with the amendment to the Local Law	12 December 2024	Current
Council Website Updated	Update Council’s website with the amendment Local Law.	To occur subject to Council adoption of amending Local Law	To be completed
Gazette Notice	Publication of Government Gazette notifying of any amendment made by Council to the Local Law.	To occur subject to outcome of Council’s consideration of the above report and within one month of any decision to amend the subordinate local law	To be completed
Consolidation of Local Laws	Preparation and adoption of the consolidated local laws.	To occur following any decision by Council to amend the local law	To be completed

Legal

The development of Amendment Subordinate Local Law No. 1 (Animal Management) 2024 has occurred in line with consideration of the following legislation:

· sections 29-32 of the Local Government Act 2009 (Qld) and section 15 of the Local Government Regulation 2012 (Qld)

· Animal Management (Cats and Dogs) Act 2008 (Qld), and

· Sunshine Coast Council’s suite of Local Laws and Subordinate Local Laws.

Council has obligations under section 58 of the Human Rights Act 2019 (Qld) in the context of its decision making functions. The proposed amendments are administrative and remove redundant provisions in Local Law No. 2 (Animal Management) 2011 due to the updated State government Animal Management (Cats and Dogs) Act 2008 (Qld), and as such no human rights assessment of compatibility is required.

Policy

There are no new policy implications in the proposed local law amendments.

Risk

Due to the amendments of the Animal Management (Cats and Dogs) Act 2008 (Qld) there are no risks associated with the removal of redundant provisions from within Local Law No. 2 (Animal Management) 2011. If Local Law No. 2 (Animal Management) 2011 was not updated, there would be a risk of confusion in the community given the inconsistency, which may impact enforcement of the State government legislation.

Previous Council Resolution

There is no previous council resolution relevant to this report.

Related Documentation

· Local Government Act 2009 (Qld) and Local Government Regulation 2012 (Qld)

· Sunshine Coast Regional Council Local Laws and Subordinate Local Laws

· State Government Guidelines for Drafting Local Laws 2016

· Sunshine Coast Council Corporate Plan 2022-2026

· Compliance and Enforcement Policy.

Critical Dates

There are no critical dates relevant to this report.

Implementation

Should the recommendation be accepted by Council, it is noted that the Chief Executive Officer will progress the statutory and other obligations for the local law making process as outlined in Table 2 above.

Ordinary Meeting Agenda 12 December 2024

8.9 Amendment Subordinate Local Law No. 2 (Animal Management) 2024

File No: Council Meetings

Author: Acting Manager Governance and Executive Services

Civic Governance

Appendices: App a - Amendment Subordinate Local Law No.2 (Animal Management) 2024 277 ⇩

purpose

The purpose of this report is to seek a Council resolution to make Amendment Subordinate Local Law No. 2 (Animal Management) 2024 (Appendix A) to amend the expiration date of the temporary timed dog off leash area Monday to Friday located at the Northern Beach (commonly known as ‘Carties Beach’) at Point Cartwright, Buddina. The current timed dog off leash area is set to expire on 30 June 2025. This amendment proposes to extend the timed dog off leash area for a further 12 months until 30 June 2026.

Executive Summary

At the Ordinary Meeting in December 2023 it was noted in the Council resolution that the Chief Executive Officer plans to undertake, complete and report back to Council before 30 June 2025 on a proposed region-wide dog exercise area plan and associated network blueprint.

Development of the Regional Dog Exercise Area Plan and Network Blueprint project (Transformational Action 11.6 from Council’s Environment and Liveability Strategy) is currently underway. The expected completion of the project extends beyond the current expiration date for the timed dog off leash area at ‘Carties Beach’.

It is being recommended that the timed dog off leash area at ‘Carties Beach’ be extended for a further 12 months allowing for the Regional Dog Exercise Area Plan and Network Blueprint to be presented to Council.

Extending the current expiration date to 30 June 2026 will require the subordinate local Law to be amended and this can be achieved by making of Amendment Subordinate Local Law No.2 (Animal Management) 2024.

Officer Recommendation

That Council:

(a) receive and note the report titled “Amendment Subordinate Local Law No. 2 (Animal Management) 2024” and

(b) resolve to make Amendment Local Law No. 2 (Animal Management) 2024 (Appendix A).

Finance and Resourcing

The local law making process has been undertaken utilising existing resources and has been funded through existing budget allocations within the Civic Governance Group.

Corporate Plan

Corporate Plan Goal: Our outstanding organisation

Outcome: We serve our community by providing this great service

Consultation

Councillor Consultation

Councillors were recently provided with an update on the progress of the Regional Dog Exercise Area Plan and Network Blueprint project as per Council resolution (OM23/145). This project creates an inclusive planning framework addressing the needs of dog owners and the wider community.

The Plan considers the appropriateness of the existing network and will propose delivery of a future network that services user needs and aligns with the region’s cultural, environmental and community values up to 2046.

As part of the update, Councillors were informed that the expected completion date for the Regional Plan would not occur before the expiration date for the timed dog off leash area at Point Cartwright and were advised of the process for extension of the expiration date.

Internal Consultation

Members of the Regional Dog Exercise Area Plan and Network Blueprint Project have been consulted in the preparation of this report, including Manager Parks and Gardens, and Coordinator Business and Technical Built Infrastructure.

External Consultation

No external consultation was undertaken.

Community Engagement

The proposed extension of the temporary timed off leash area at Pt Cartwright is a procedural change and does not change the substance of the original Council decision. At the expiration of the temporary provision ‘Carties Beach’ will revert to an (domestic) animal prohibited area, at all times, in line with Council’s endorsed position.

Council’s local law making process (refer to Table 1 – Local Law Making Process) consistent with good governance practice, normally provides for community consultation regarding proposed (draft) local law amendments, however, this is not a legislative requirement. Where the amendments are administrative in nature only and there being no substantive change affecting the rights or obligations of any member of the public, community consultation is not required.

Proposal

The purpose of this report is to seek a Council resolution to make Amendment Subordinate Local Law No. 2 (Animal Management) 2024 (Appendix A) to amend the expiration date of the temporary timed dog off leash area Monday to Friday located at ‘Carties Beach’ at Point Cartwright. The current timed dog off leash area is set to expire on 30 June 2025. This amendment extends the timed dog off leash area (see map in Appendix A) from 30 June 2025 for another 12 months until 30 June 2026.

On 14 December 2023 Council resolved (OM23/145) to make Amendment Subordinate Local Law No. 2 (Animal Management) 2023 that changed animal access areas in line with the Point Cartwright Reserve and La Balsa Park Master Plan (endorsed by Council on 24 August 2023 (OM23/82)). At this meeting, the resolution allowed for a temporary timed dog off leash area at ‘Carties Beach’ Monday to Friday until 30 June 2025 as an adaptive measure.

At the Ordinary Meeting in December 2023 the Council resolution noted that the Chief Executive Officer plans to undertake, complete and report back to Council before 30 June 2025 on a proposed region-wide dog exercise area plan and associated network blueprint.

This temporary arrangement was proposed to be in place until 30 June 2025 to provide sufficient time for Council officers to undertake, complete and report back to Council on a region-wide proposed dog exercise area plan and associated network blueprint - which is an action under Council’s Environment and Liveability Strategy 2017-2041. This plan is intended to guide current and future location and availability of dog exercise areas across the region including equitable access.

From 1 July 2025 the temporary timed dog off leash area automatically expires and the area will revert to being a prohibited area for all (domestic) animals under section 9 and schedule 4 of the Subordinate Local Law No. 2 (Animal Management).

Councillors were recently informed of the progress and expected timelines for the current Regional Dog Exercise Area Plan and Network Blueprint project (Transformational Action 11.6 from Council’s Environment and Liveability Strategy). The expected completion of the project extends beyond the current expiration date (30 July 2025) for the temporary timed dog off leash area at ‘Carties Beach’.

Local Law Making Process

Before the amendment local law can be made, a number of statutory and other requirements are normally required to be fulfilled. Table 1 below outlines these requirements:

Table 1 – Local Law Making Process

Statutory Requirement	Action taken	Date	Status
Propose to make local law amendments	Not required This is normally the report that presents the draft proposed Local Law Amendment for endorsement and release for public consultation.	N/A	N/A
Community Consultation	Not required As per explanation under Community Engagement in this report.	N/A	N/A
Report to Council to make the amendment subordinate local laws	Report presented to Council recommending to proceed with making the amendment to the Local Law	12 December 2024	Current
Council Website Updated	Update Council’s website with the amendment Local Law.	To occur subject to Council adoption of amending Local Law	To be completed
Gazette Notice	Publication of Government Gazette notifying of any amendment made by Council to the Local Law.	To occur subject to outcome of Council’s consideration of the above report and within one month of any decision to amend the subordinate local law	To be completed
Consolidation of Local Laws	Preparation and adoption of the consolidated local laws.	To occur following any decision by Council to amend the local law	To be completed

Legal

The development of Amendment Subordinate Local Law No. 2 (Animal Management) 2024 (Appendix A) has occurred in line with consideration of the following legislation:

· sections 29-32 of the Local Government Act 2009 and section 15 of the Local Government Regulation 2012 and

· Sunshine Coast Council’s suite of Local Laws and Subordinate Local Laws.

Human Rights Act 2019

The Human Rights Act 2019 (Qld) (the Act) requires local governments to give ‘proper consideration’ to human rights when making decisions. The Act also requires local governments to make decisions which are ‘compatible with human rights’.

A Human Rights Assessment of Compatibility was completed and presented to Council on 14 December (OM23/145) pertaining to the original resolution and decision of Council to allow a temporary dog off leash area for a period of 12 months. There are no changes to that assessment resulting from the proposed timing extension.

Policy

There are no new policy implications in the proposed local law amendment.

Risk

Completion and endorsement of the Regional Dog Exercise Area Plan and Network Blueprint will not occur until after the current expiration date (30 June 2025) for the temporary timed off leash area at Pt Cartwright. If this expiration date is to remain in place, any resulting recommendations and possible local law amendments, may be considered as being pre-empted.

Extending the temporary provision for a further 12 months allows sufficient time for Council to consider the issue from a broader regional perspective and to propose making any consequent necessary changes to its local laws.

Extending for a period shorter than 12 months risks delays with delivery and endorsement of the Regional Plan, which cannot be guaranteed.

Extending until such time as the Regional Plan is finalised and endorsed is not feasible as the date specified in the local law needs to be replaced with another specific date. To do otherwise does change the intent of the local law, which is that it is a temporary measure with a definitive end date. It would no longer be a procedural change.

Previous Council Resolution

Ordinary Meeting 21 September 2023 (OM23/145)

That Council:

(a) receive and note the report titled “Amendment Subordinate Local Law No. 2 (Animal Management) 2023”

(b) resolve to make Amendment Subordinate Local Law No. 2 (Animal Management) 2023 at Appendix A, which has been amended in the following manner following consideration of public submissions as detailed in this report:

(i) in section 4(2), substitute a revised map SLL 2.5.19 (Point Cartwright, Buddina) for inclusion in schedule 5 (Exclusion of animals from specific places)

(ii) in section 5(2), insert a new row 11 to declare a new dog off-leash area (for Point Cartwright, Buddina, beach access 196 to 196T), which will operate only from 4.00pm to 8.00am, Monday to Friday

(iii) in section 5(3), substitute a revised map SLL 2.6.19 (Point Cartwright, Buddina, beach access 198 to 201) and insert a new map 2.6.20 (Point Cartwright, Buddina, beach access 196 to 196T) to delineate the new dog off-leash area

(iv) insert a new section 6 in the Amendment Subordinate Local Law to state that row 11 and map SLL 2.6.20 (relating to the new dog off-leash area at Point Cartwright) will expire on 30 June 2025

(c) note it is considered there are no anti-competitive provisions in Amendment Subordinate Local Law No. 2 (Animal Management) 2023 and

(d) note the Chief Executive Officer plans to undertake, complete and report back to Council before 30 June 2025 on a proposed region-wide dog exercise area plan and associated network blueprint.

Related Documentation

· Local Government Act 2009 and Local Government Regulation 2012

· Sunshine Coast Regional Council Local Laws and Subordinate Local Laws

· State Government Guidelines for Drafting Local Laws 2016

· Sunshine Coast Council Corporate Plan 2022-2026

· Compliance and Enforcement Policy

· Point Cartwright Reserve and La Balsa Park Master Plan.

Critical Dates

Subject to Council adopting the recommendations in this report, the Subordinate Local Law Amendment will commence on publication of a notice in the Government Gazette (gazettal).

Should Council make the Subordinate Local Law Amendment, gazettal is expected to occur on Friday 20 December 2024.

The proposed arrangements of the temporary dog off-leash area on the northern beach area of Point Cartwright will automatically expire on 30 June 2026, at which time the area will become a prohibited animal area.

Implementation

Should the recommendations in this report be accepted by Council, it is noted the Chief Executive Officer will progress the statutory obligations associated with the local law making process as outlined in Table 1 above.

The changed expiration date for the temporary dog off leash area will be communicated through media statements and review of signage if required.

Ordinary Meeting Agenda 12 December 2024

8.10 Leases to various Community Organisations seeking long term tenure exceptions

File No: F2024/72698

Author: Senior Property Officer

Business Performance Group

Attachments: Att 1 - Lease Area Plans.......................................................... 289 ⇩

Att 2 - Maroochydore Beach Bowls Club - Business Case... 295 ⇩

Att 3 - Maleny Arts - Business Case....................................... 301 ⇩

Att 4 - Caloundra Arts Business Case and Redevelopment Plan 317 ⇩

Att 5 - Eagles Basketball Business Case and Redevelopment Plan 361 ⇩

purpose

To seek Council’s resolution to grant an exception (to the disposal of land via auction/tender) in accordance with the Local Government Regulation 2012 and to enter into new leases or trustee leases with the below organisations:

· Maroochydore Beach Bowls Club Incorporated located at 25-27 Memorial Avenue, Cotton Tree (30-year trustee lease)

· Maleny Arts and Crafts Group Inc located at Maleny-Stanley River Road, Maleny (10-year trustee lease)

· Caloundra Arts Centre Association Inc located at 5 North Street, Caloundra (30-year trustee lease)

· Maroochydore Eagles Basketball Association Inc located at 2 Elizabeth Way, Buderim (30-year trustee lease)

· Dicky Beach Surf Life Saving Club Inc located at 1A Coochin Street, Dicky Beach (10-year trustee lease) and

· Kawana Waters Surf Life Saving Club Inc located at 99 Pacific Boulevard, Buddina (10-year trustee lease).

Executive Summary

This report seeks Council’s resolution to grant an exception from the auction/tender process under Section 236 of the Local Government Regulation 2012 to dispose of land (via lease) by entering into a direct trustee lease with the following community organisations, all of whom have been long term occupants at their current locations.

In line with Council’s Community Groups Occupying Council Owned or Council Controlled Land and/or Infrastructure Policy (Community Policy) these community organisations have indicated they are seeking an exception to the short-term tenure options provided within the Community Policy and are requesting long term tenure or, have been identified as suitable for long-term Tenure due to the nature of the service they provide.

As part of the requirements to obtain long term tenure the relevant community organisations were required to submitted business cases to support their application in line with the Community Policy (where required) which includes outlining: -

· History and any specific need for long-term tenure at the site

· Past or proposed investment in the built form assets on the site and/or demonstrated high levels of expenditure on maintenance of existing facility

· Demonstrate financial and operational security; and

· A local community demand or need for the services provision and high levels of activation for the premises.

The following community organisations have submitted requests: -

· Maroochydore Beach Bowls Club Incorporated (Bowls Club) located at 25-27 Memorial Avenue, Cotton Tree have been granted a 30-year lease by the Department of Resources over their clubhouse facility on State controlled land being Lot 2 on M56742. A request was received for Council to consider granting a trustee lease over the adjacent land to align their two lease terms. Council controls the land as Trustee being Part Lot 1 on CG4919 and Lot 4 on M56752 which comprises of playing greens and a storage facility.

· Maleny Arts and Crafts Group Inc. (Maleny Arts) of Maleny-Stanley River Road, Maleny are co-located with Maleny Show Society Incorporated (Maleny Show Society) at the Maleny Showgrounds. Maleny Arts have successfully operated from Part of Lot 278 on SP145810 at the Showgrounds since 1987 where Council is Trustee of the land. The lease seeks to align the tenure period with the Maleny Show Society.

· Caloundra Arts Centre Association Inc. (Caloundra Arts) of 5 North Street, Caloundra are seeking a 30-year lease from Council to support future major redevelopment of their existing facility. Caloundra Arts have operated from the property for nearly 50 years and the proposed redevelopment of Lot 433 on CG4665 where Council is Trustee, is estimated at $7 million. The long-term lease request is to support this level of investment in the facility.

· Maroochydore Eagles Basketball Association Inc. (Eagles Basketball) of 2 Elizabeth Daniels Way, Buderim (Elizabeth Daniels Sports Complex) are seeking a new 30-year lease resolution from Council to support major redevelopment of Clippers Stadium over Part of Lot 664 on CP901247 where Council is Trustee of the land. The redevelopment which involves court expansion and amenities upgrades requires an investment of approximately $6.8 million. The long-term lease request is to support this level of investment in the facility.

· Surf Lifesaving Clubs: The Dicky Beach Surf Life Saving Club Inc. (Dicky Beach SLSC) of 1A Coochin Street, Dicky Beach and Kawana Waters Surf Life Saving Club Inc. (Kawana SLSC) of 99 Pacific Boulevard, Buddina (the Surf Clubs) are being put forward for 10-year leases at their respective locations.

This will enable the Dicky Beach SLSC and Kawana SLSC to continue to provide lifesaving services to residents and visitors to the Region. The Clubs have been long term occupants of their respective locations for many years with Dicky Beach SLSC establishing their clubhouse in the current location in 1976 and Kawana SLSC establishing their clubhouse in 1982. Both land parcels are Reserves with Council as Trustee.

Council officers have reviewed and considered the applications and have deemed them appropriate/suitable for granting of long-term tenure at these locations.

Officer Recommendation

That Council:

(a) receive and note the report titled “Leases to various Community Organisations seeking long term tenure exceptions”

(b) resolve that in accordance with section 236(1) of the Local Government Regulation 2012, that an exception to dispose of an interest in land (lease) other than by tender or auction applies as per section 236(1)(c)(iii) as these organisations are the existing Tenants of the land: -

(i) Maroochydore Beach Bowls Club Incorporated.

(ii) Caloundra Arts Centre Association Inc.

(iii) Dicky Beach Surf Life Saving Club Inc.

(iv) Kawana Waters Surf Life Saving Club Inc. and

(c) resolve that in accordance with section 236(1) of the Local Government Regulation 2012, that an exception to dispose of an interest in land (lease) other than by tender or auction applies as per section 236(1)(b)(ii) as the leases are to a community organisation: -

(i) Maroochydore Eagles Basketball Association Inc. and

(ii) Maleny Arts and Crafts Group Inc.

Finance and Resourcing

The rent payable to Council by these community organisations is to be in line with Council’s endorsed Fees and Charges.

All costs associated with the preparation, lodgement and survey of the trustee leases and leases are to be borne by the community organisations along with any survey preparation and lodgement fees.

Corporate Plan Goal: Our service excellence

Outcome: We serve our community by providing this great service

Operational Activity: S22 - Property management – comprehensive management of Council’s land and building assets to ensure that Council’s property dealings are optimised, centrally managed, and support Councils objectives.

Consultation

Councillor Consultation

· Councillor D Law and Councillor T Bunnag – Portfolio Councillors for Strong Community

· Councillor T Landsberg – Division 2 Councillor

· Councillor J Natoli – Division 4 Councillor

· Councillor W Johnston – Division 5 Councillor

· Councillor C Dickson – Division 6 Councillor

Internal Consultation

Internal consultation where applicable was conducted with:

· Strategic Property

· Strategic Planning

· Planning Assessment

· Urban Growth Projects

· Environmental Operations

· Environment & Sustainability Policy

· Open Space

· Traffic & Infrastructure Management

· Stormwater Services

· Sport and Community Venues

· Community Planning & Development

· Grants Team

· Parks and Gardens

· Waste Resources Team and

· Brisbane 2032 Team.

External Consultation

Property Management has liaised with all community organisations subject of this report.

Community Engagement

Due to the administrative nature of this report no community engagement has been undertaken or is required in relation to this report.

Proposal

Maroochydore Beach Bowls Club Incorporated

The Maroochydore Beach Bowls Club Incorporated (Bowls Club) is located at 25-27 Memorial Avenue, Cotton Tree. The Bowls Club have requested that Council consider granting a 30-year lease over part of Lot on 1 CG4919 and Lot 4 on M56752 which Council manages as Trustee. The land subject to this trustee lease is State Reserve for Recreation and is zoned Sport and Recreation.

The Bowls Clubs trustee lease for their clubhouse facility was recently renewed by the Department of Resources for 30-years on land described as Lot 2 M56742. The Bowls Club have full maintenance and insurance responsibilities for their Clubhouse with rent payable to the Department of Resources.

The Bowls Club lease the bowling greens and storage shed from Council, with the trustee lease expiring on 30 June 2024. The Bowls Club have been holding over on the terms of the expired trustee lease until the new trustee lease takes effect if endorsed by Council.

The Bowls Club have submitted a Business Case Attachment 2 – Maroochydore Beach Bowls Club - Business Case which has been reviewed and accepted. Officers support the Bowls Club’s request for a 30-year lease as this will align their tenure with that of the Bowls Club Lease over the clubrooms with the State Government.

The proposed trustee lease area is shown in Attachment 1 – Lease Area Plan.

Council officers are supportive of granting a 30-year trustee lease as:-

· It will enable the Bowls Club to align their future strategic direction and plan more accurately for the future holding long term tenure over both their leases (with Council and the Department of Resources);

· The infrastructure owned by Council (the storage shed) is not significant and is in good condition and therefore does not pose significant financial or operational risk to Council throughout the 30-year period;

· The Bowls Club have a demonstrated history of investment and maintenance of their grounds and facilities.

In reviewing the business case as well as the condition of the facilities, activation, and utilisation, it is recommended that a 30-year trustee lease be supported by Council.

Maleny Arts and Crafts Group Inc.

The Maleny Arts and Crafts Group Inc. (Maleny Arts) located at Maleny-Stanley River Road, Maleny. Maleny Arts have requested that Council consider granting a 10-year lease over their facility located at part of Lot 278 on SP145810 which Council managed as Trustee. The land subject to this trustee lease is State Reserve for Recreation and Showgrounds and is zoned Sport and Recreation.

Maleny Arts currently hold tenure over a purpose-built Arts and Crafts facility located within the Maleny Showgrounds precinct. Maleny Arts currently occupy the site via a Trustee Permit which is due to expire on 31 October 2025. It is proposed that a transition to a trustee lease takes effect from this date if endorsed by Council.

Maleny Arts have submitted a Business Case Attachment 3 – Maleny Arts - Business Case which has been reviewed and accepted. Officers support the Maleny Arts request for a 10-year lease as this will align their tenure with that of the Maleny Show Society who operate the Maleny Showgrounds.

The proposed trustee lease area is shown in Attachment 1 – Lease Area Plan

Council officers are supportive of granting a 10-year trustee lease as: -

· Maleny Arts have successfully operated from the Showgrounds since 1987 and have demonstrated strengthening of membership numbers and utilisation.

· Maleny Arts co-locate with the Maleny Show Society and aligning the terms of both organisations will provide operational efficiencies.

· The built infrastructure is owned by Council and is in good condition limiting Council’s risk of significant expenditure being required within 10-years.

· Maleny Arts have a demonstrated history of a high-level/standard or maintenance of this facility.

In reviewing the business case as well as the condition of the facilities, activation, and utilisation, it is recommended that a 10-year trustee lease be supported by Council.

Caloundra Arts Centre Association Inc.

Caloundra Arts Centre Association Inc (Caloundra Arts) located at 5 North Street, Caloundra. Caloundra Arts have requested that Council consider granting a 30-year lease over the facility located at Lot 433 on CG4665 which Council manages as Trustee. The land subject to this trustee lease is State Reserve for Local Government with a Sub-Purpose of Cultural Activities Centre and is zoned Major Centre.

Caloundra Arts current hold tenure over a purpose-built Arts Gallery and Workshop facility. Caloundra Arts currently occupy the site via a Trustee lease which is due to expire on 31December 2025.

Caloundra Arts have submitted a Business Case Attachment 4 – Caloundra Arts – Business Case and Redevelopment Plan to support securing long-term tenure over the current premises to support a major redevelopment of their venue. Caloundra Arts have secured Development Approval for the redevelopment and are proposing to fund this redevelopment via grant applications to Federal and State Government Agencies as well as funding providers and philanthropic parties. Funding has yet to be obtained, however an agreement from Council to a 30-year lease will support the organisation in obtaining funding.

The proposed trustee lease area is shown in Attachment 1 – Lease Area Plan

Council officers are supportive of granting a 30-year trustee lease as: -

· Caloundra Arts have successfully operated from the premises for almost 50 years and have demonstrated strengthening of membership numbers, community activation and utilisation of the premises.

· The potential to secure up to $7million in funding from sources outside of Council is beneficial to the local community and broader region.

· The structure of the trustee lease will be a ground lease, with Caloundra Arts being responsible for all infrastructure on the site including structural repairs and replacement which limits the financial implications to Council.

· Caloundra Arts have a demonstrated history of a high-level/standard or maintenance of this facility.

To facilitate the above the below transaction documents are proposed (subject to Council support of the exception to lease): -

· A 2-year development agreement will be granted to allow Caloundra Arts to obtain grant funding and progress their development up to the commencement of the redevelopment.

· A 30-year lease will be granted to Caloundra Arts if they are able to satisfy the conditions of the development agreement.

In reviewing the business case as well as the redevelopment proposal, activation, and expanded community use, it is recommended that a 30-year trustee lease be supported by Council.

Maroochydore Eagles Basketball Association Inc.

Maroochydore Eagles Basketball Association Inc (Eagles Basketball) located at 22 Elizabeth Daniels Way, Buderim. The Maroochydore Eagles have requested that Council consider granting a 30-year trustee lease over their existing facility and proposed redevelopment area located at part of Lot 664 on CP901247 which Council manages as Trustee. The land subject to this trustee lease is State Reserve for Recreation and is zoned Sport and Recreation.

Eagles Basketball currently occupy the existing basketball facility under the terms of a Trustee Permit while Council considers the request for a new 30-year Lease.

Eagles Basketball were granted a 30-year lease at the Ordinary Meeting of Council held 17 August 2017 over their existing facility.

Eagles Basketball have submitted a Business Case Attachment 5– Eagles Basketball – Business Case and Redevelopment Plan to support securing long-term tenure over both the current premises (which was resolved by Council in 2017) and additional land for the development of additional basketball facilities. The proposed redevelopment of the stadium will include refurbishment of the remainder of the existing facility as well as court expansion and upgrades to Clipper Stadium at Elizabeth Daniels Sports Grounds. The expected required investment is approximately $6.8 million. Full funding has yet to be obtained, however an agreement from Council to a 30-year lease will support the organisation in obtaining this funding.

The proposed trustee lease area (which includes the existing lease and the proposed new lease area) is shown in Attachment 1 – Lease Area Plan.

Council officers are supportive of granting a 30-year trustee lease as:-

· Eagles Basketball have successfully operated from the premises for the past 40 years and have demonstrated its ability to maintain Clippers Stadium in excellent condition during that time.

· The Sunshine Coast Sports Infrastructure Plan notes the projected shortfall of indoor courts to service the Sunshine Coast in 2026 is 15, the expansion of Clipper Stadium by an additional three courts will support reducing this deficit.

· The potential to secure up to $6.8 million in funding from sources outside of Council is beneficial to the local community and broader region.

· The current facility has been maintained to a high standard limiting the financial risk of structural maintenance being required to Council.

To facilitate the above the below transaction documents are proposed (subject to Council support of the exception to lease): -

· A 2-year development agreement will be granted to allow Eagles Basketball to obtain funding, obtain planning and regulatory approvals and progress their development to commencement of construction.

· A 30-year lease will be granted to Eagles Basketball if they are able to satisfy the conditions of the development agreement.

In reviewing the business case as well as the redevelopment and new development proposal, activation, and expanded community use, it is recommended that a 30-year trustee lease be supported by Council.

Dicky Beach Surf Life Saving Club Inc.

The Dicky Beach Surf Life Saving Club Inc. (Dicky Beach SLSC) are located at 1A Coochin Street, Dicky Beach. The land subject to this trustee lease is a Deed of Grant in Trust for Local Government Surf Life Saving and No Other Purpose Whatsoever and is zoned Sport and Recreation.

Dicky Beach Surf SLSC have operated from the land being Lot 3 on SP280543 since 1976 and have current tenure over the land until 30 March 2025. The proposed new trustee lease also affords an opportunity to merge the current Trustee Permit over Part Lot 1 on SP239732 where Council is Trustee and the land which is held for Reserve for Camping and Recreation to facilitate the new canteen.

The proposed trustee lease area is shown in Attachment 1 – Lease Area Plan

Council officers are supportive of granting a 10-year trustee lease as: -

· The structure of the trustee lease will be a ground lease, with Dicky Beach SLSC being responsible for all infrastructure on the site including structural repairs and replacement which limits the financial implications to Council.

· Surf Life Saving Clubs provide valuable service to the local community including the provision of life saving patrol services and community sporting services to the general community.

As surf lifesaving clubs provide surf lifesaving services to the community and support the professional lifesaving services managed by Council a business case was not required in this instance. In reviewing the upcoming expiration of the current lease, it is recommended that a 10-year trustee lease be supported by Council.

Kawana Waters Surf Life Saving Club Inc. (Kawana SLSC)

Kawana Waters Surf Life Saving Club Inc (Kawana SLSC) are located at 99 Pacific Boulevard, Buddina. The land subject to this trustee lease is a Reserve for Local Government, Park and Life Saving Purposes and is zoned Sport and Recreation with Council as Trustee.

Kawana SLSC has operated a surf club facility on the land being Lot 521 on B92922 since 1982 and hold current tenure with Council until 30 June 2025. The facility is currently undergoing a major refurbishment which is being funded via a State Government Grant.

The proposed trustee lease area is shown in Attachment 1 – Lease Area Plan.

Council officers are supportive of granting a 10-year trustee lease as: -

· The structure of the trustee lease will be a ground lease, with Kawana SLSC being responsible for all infrastructure on the site including structural repairs and replacement which limits the financial implications to Council.

· Allow for an extended term to support the current refurbishment of the existing facility.

· Surf Life Saving Clubs provide valuable service to the local community including the provision of life saving patrol services and community sporting services to the general community.

Legal

Council’s Legal Services team will be consulted in relation to the preparation of the required development agreements and trustee lease documents.

Policy

This report has been prepared in accordance with Council’s Procurement Policy relating to the disposal of Council assets and the Community Groups Occupying Council Owned and or Managed Land and or Infrastructure Policy.

Risk

There are no risks to Council associated with this report.

Previous Council Resolution

Ordinary Meeting 17 August 2017 (OM17/156)

That Council:

(a) resolve, as an exception to the tenure periods specified in the Community Groups Occupying Council Owned or Controlled Land and/or Infrastructure Policy, to enter into a community Lease arrangement with Maroochydore Eagles Basketball Association Inc. for a term of up to thirty years

(b) resolve pursuant to section 236(2) of the Local Government Regulation 2012 that an exception to dispose of an interest in land (lease) in property, other than by tender of auction be applied, as the disposal is to a community organisation as per section 236(1)(b)(ii) and

(c) resolve to enter into a community lease arrangement with the Maroochydore Eagles Basketball Association Inc.

Related Documentation

There is no related documentation relevant to this report.

Critical Dates

There are no critical dates relevant to this report, however these organisations have indicated that they are wanting to finalise agreements as soon as practical.

Implementation

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

· delegate to Council’s delegated officer to prepare and enter into development agreements and trustee leases as per the recommendation and

· register all relevant documentation at the Queensland Titles Office (where required).

Ordinary Meeting Agenda 12 December 2024

8.11 Disposal (Lease) to BP Australia Pty Ltd over Part of 14 Caloundra Road, Caloundra West

File No: 2015/00378

Author: Senior Property Officer

Business Performance Group

Attachments: Att 1 - Aerial Plan.................................................................... 391 ⇩

Att 2 - Lease Area Plan............................................................ 393 ⇩

Att 3 - Confidential Proposed Terms for New Lease Confidential………………………………………………………………….7/8

purpose

To seek Council’s resolution to grant an exception (to the disposal of land via auction/tender) in accordance with the Local Government Regulation 2012 and to enter into a new lease agreement with BP Australia Pty Ltd as the existing Tenant of the land 14 Caloundra Road, Caloundra West.

Executive Summary

This report seeks Council’s resolution to grant an exception from the auction/tender process under Section 236 of the Local Government Regulation 2012 to dispose of land (via lease) by entering into a direct lease with BP Australia Pty Ltd, who is the existing Tenant of portion of Lot 1 on SP312324 more commonly referred to as 14 Caloundra Road, Caloundra West (the Caloundra Aerodrome).

The land is owned by Council in freehold and is managed as the Caloundra Aerodrome which is zoned Community Facilities for Air Services as shown in Attachment 1 – Aerial Plan.

BP Australia Pty Ltd (BP Australia) hold a current ground lease being Lease AE on SP253855 at 14 Caloundra Drive, Caloundra West as shown in Attachment 2 – Lease Area Plan (the BP Site). The BP site comprises of 825m² for the purpose of an ‘aircraft refuelling facility’ within the lease expiring on 31 December 2019. BP Australia are continuing to occupy under the holding over provisions as a month-to-month tenant under the terms of the existing lease.

In preparing this report, the Chief Executive Officer recommends that Attachment 3 be considered confidential in accordance with Section 254J(3) (g) of the Local Government Regulation 2012 as it contains information relating to negotiations relating to a commercial matter involving the local government for which a public discussion would be likely to prejudice the interests of the local government.

Attachment 3 is confidential in respect to the content and timeframes of negotiations and recognising that, until Council makes a decision and the Lease is executed, the lease has no certainty.

Public disclosure at this time would potentially impact adversely on the finalisation of a current negotiation process and Council’s ability to finalise the lease in a manner that represents the best value for the ratepayers of the region. The report contains a recommendation to release details of the Lease once negotiations have been finalised and registered with the Titles Registry.

Council have considered and negotiated a new ground lease and it is proposed to offer the Tenant a new three-year ground lease with a further term of three-years. The essential terms of the new lease are outlined in Attachment 3 – Proposed Terms for New Lease (Confidential).

Officer Recommendation

That Council:

(a) receive and note the report titled “Disposal (Lease) to BP Australia Pty Ltd over Part of 14 Caloundra Road, Caloundra West”

(b) resolve that in accordance with section 236(2) of the Local Government Regulation 2012, that an exception to dispose of an interest in land (lease) other than by tender or auction applies as per section 236(1)(c)(iii) as BP Australia Pty Ltd an existing tenant of the land at 14 Caloundra Drive, Caloundra West and

(c) authorise the Chief Executive Officer to publicly release details relating to the Lease once the negotiations have been finalised and the lease fully executed.

Finance and Resourcing

The rent payable by the BP Australia upon commencement of the new lease is outlined in Attachment 3 – Proposed Terms for New Lease (Confidential).

BP Australia Pty Ltd will be responsible for paying all costs (including Council’s costs) including the drafting, negotiation, and registration of the new lease.

Corporate Plan

Corporate Plan Goal: Our service excellence

Outcome: We serve our community by providing this great service

Consultation

Councillor Consultation

Councillor J Broderick – Divisional Councillor & Outstanding Organisation Portfolio Councillor

Councillor T Hungerford – Outstanding Organisation Portfolio Councillor

Councillor T Landsberg – Division 2 Councillor

Internal Consultation

Property Management

Strategic Property

Legal Services

External Consultation

Council’s Property Management Branch has liaised with BP Australia (as the current Lessee) in relation to this report.

Colliers Valuers were engaged to undertake a market rental lease assessment.

Community Engagement

Due to the administrative nature of this report no community engagement has been undertaken or is required in relation to this report.

Proposal

The land subject to this ground lease is freehold land owned by Council for the purposes of ‘Community Facilities’ with an annotation as ‘Air Services’.

BP Australia, the lessee have a current lease agreement with Council which commenced on 1 January 2017 and expired on 31 December 2019. The lessee has been holding over on a month-to-month basis under the same terms and conditions, until a new lease can be finalised. The lease is registered over a portion of the land at Lot 1 on SP312324, more commonly referred to as part of 14 Caloundra Road, Caloundra West (the Caloundra Aerodrome).

BP Australia lease the portion known as Lease AE on SP253855 known as 14 Pathfinder Drive, Caloundra West as shown in Attachment 2 – Lease Area Plan.

Following protracted discussions and consideration, the lessee requested that Council consider granting a new lease over the land.

Council officers have negotiated the proposed terms of the new ground lease with the lessee. The proposed terms and conditions for the new lease are subject to obtaining a Council resolution to grant an exception as proposed within this report. The proposed terms and conditions for the new lease are outlined in Attachment 3 – Proposed Terms of New Lease (Confidential).

A review of the BP Australia’s performance under the current lease has been undertaken. The Tenant is in good standing and is compliant with the essential terms of the current lease including rent. The lessee’s operations have not impacted the utilisation of the remainder of the Caloundra Aerodrome.

On the basis that there is broad support, it is recommended that Council enter into a new lease for a period of three-years with a further term of three-years with the current lessee by granting an exception as:-

· the leased land is located within the Caloundra Aerodrome held of ‘Air Services’ and the provision of a refuelling station supports users of the facility;

· the current lessee has an already established operation on the land and owns all infrastructure on the site currently.

On the basis above, Council is of the opinion that the proposed terms are sufficient to support entering into a lease to the current lessee rather than opening submissions via tender or auction.

In accordance with the Local Government Regulation 2012, an exception from Council is required where Council seeks to enter into a new commercial lease with the existing Tenant of the land (other than by tender or auction). If an exception is not approved the premises will be offered for lease via a tender process after the current lease expires.

Legal

Council’s Legal Services department have been consulted in relation to the preparation of the Form 7 – Lease/Sublease documentation.

Policy

This report has been prepared in accordance with Council’s Procurement Policy relating to the disposal of Council assets.

Risk

Council is proposing to enter into a new lease with the current tenant by requesting that Council grant an exception under the Local Government Regulation 2012.

Council’s position is that the proposed terms and conditions identified in Attachment 3 – Proposed Terms of New Lease (Confidential) are sufficient to warrant an exception under the legislation.

If an exception is not approved by Council there is an inherent risk that Council would:-

· not be able to secure a better offer via tender; and

· not be able to avoid an unnecessary period of vacancy and loss of revenue transitioning between tenants.

Previous Council Resolution

Ordinary Meeting 22 May 2014 (Council Resolution OM14/81)

‘That Council resolve that it is in the public interest to exempt the requirements of going to public tender or auction and proceed to lease Site E on Part of Lot 341 on Plan CG803364, totalling 825m2 lease site at Caloundra Aerodrome to the existing lessee under Section 236 of the Local Government Regulation 2012, subject to the annual rental not being less than current market rental as provided by an independent registered Valuer.’

Related Documentation

There is no related documentation relevant to this report.

Critical Dates

There are no critical dates relevant to this report, any new lease documentation should be executed and registered at the Titles Office as soon as practical.

Implementation

Should the recommendation be accepted by Council, it is noted that the Chief Executive Officer will request that officers prepare the Form 7 – Lease documentation for execution by BP Australia Pty Ltd and Council’s Delegated Officer.