EXTRAORDINARY MEETING OF COUNCIL MINUTES 7 OCTOBER 2009

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					EXTRAORDINARY MEETING OF
        COUNCIL



        MINUTES


     7 OCTOBER 2009
                                                      EXTRAORDINARY MEETING
                                                       OF ORDINARY COUNCIL
                                                         MEETING MINUTES
                                                          7 OCTOBER 2009

                                                    TABLE OF CONTENTS

Item Subject                                                                                                                    Page No.

       Table of Contents ..........................................................................................................2

1.0 Leave of Absence........................................................................................................4
       1.1     Leave of Absence............................................................................................................4
2.0 Deputations..................................................................................................................4
3.0 Condolences/Get Well Wishes...................................................................................4
4.0 Confirmation of Minutes .............................................................................................4
5.0 INFRASTRUCTURE, PLANNING & TECHNICAL SERVICES COMMITTEE ............4
6.0 cOmmittee report ........................................................................................................4
5.0 late items to be considered at this meeting .............................................................4
6.0 Business Arising from Minutes .................................................................................4
7.0 Chief Executive Officer’s Reports .............................................................................4
8.0 Corporate Governance Reports.................................................................................5
9.0 Finance & Information Services Reports..................................................................5
10.0 Planning & Environment Reports..............................................................................6
       0.0     Lockyer Valley Regional Council Gatton Shire Planning Scheme Proposed
               Flood Level Amendment .................................................................................................6
11.0 Community Services Reports ..................................................................................16
12.0 Technical Services Reports .....................................................................................16
13.0 Engineering Operations Reports.............................................................................16
14.0 Items for information ................................................................................................16
15.0 Correspondence........................................................................................................16
16.0 General Business ......................................................................................................16
17.0 Confidential Items .....................................................................................................16




                                                                                                                                    Page 2
                                       EXTRAORDINARY MEETING
                                        OF ORDINARY COUNCIL
                                          MEETING MINUTES
                                           7 OCTOBER 2009

      ATTENDANCE:



    Councillors Present
                                   •    Cr Steve Jones (Mayor) (Chairperson)
                                   •    Cr Peter Friend
                                   •    Cr Jim McDonald
                                   •    Cr Janice Holstein
                                   •    Cr Dave Neuendorf
                                   •    Cr Graham Moon


   Other People Present
                                   •
                                   •    Derek Sellers, Acting Chief Executive Officer
                                   •    David Kay, Director, Planning, Building &
                                        Environment
                                   •    Gerry Franzmann, Director, Engineering
                                        Operations
                                   •    Tracy Ryan, Manager Planning & Environment
                                   •    Susan Boland, PA to Director Corporate
                                        Governance
                                   •    Doug Smith, Strategic Planner




                                The meeting commenced at 9.01 am

               The Mayor Cr Steve Jones welcomed all present and opened the meeting.



Cr McDonald was not present at the commencement of the meeting

Cr McDonald arrived at the meeting the time being 9.03 am




                                                                                       Page 3
                                     EXTRAORDINARY MEETING
                                      OF ORDINARY COUNCIL
                                        MEETING MINUTES
                                         7 OCTOBER 2009

1.0   LEAVE OF ABSENCE

ITEM NO:             1.1
FILE NO:             1.1/17
DATE:                07 October 2009
TOPIC:               LEAVE OF ABSENCE
AUTHOR:              Derek Sellers
AUTHOR’S TITLE:      Director Finance & Information Services



RESOLUTION:
THAT Leave of Absence be granted to Cr Milligan due to her attendance at the
Youthipedia Conference in Cairns.



2.0   DEPUTATIONS

      No Deputations reports

3.0   CONDOLENCES/GET WELL WISHES

      No Condolences/Get Well Wishes reports

4.0   CONFIRMATION OF MINUTES

      No Confirmation Of Minutes reports

5.0   INFRASTRUCTURE, PLANNING & TECHNICAL SERVICES COMMITTEE

      No Infrastructure, Planning & Technical Services Committee reports

6.0   COMMITTEE REPORT

      No Receival of Committee Reports as Minutes reports

5.0   LATE ITEMS TO BE CONSIDERED AT THIS MEETING

6.0   BUSINESS ARISING FROM MINUTES

      No Business Arising from Minutes reports

7.0   CHIEF EXECUTIVE OFFICER’S REPORTS

      No Chief Executive Officer's Reports




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                                   EXTRAORDINARY MEETING
                                    OF ORDINARY COUNCIL
                                      MEETING MINUTES
                                       7 OCTOBER 2009

8.0   CORPORATE GOVERNANCE REPORTS

      No Corporate Governance Reports

9.0   FINANCE & INFORMATION SERVICES REPORTS

      No Finance and Information Services Reports




                                                           Page 5
                                    EXTRAORDINARY MEETING
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                                       MEETING MINUTES
                                        7 OCTOBER 2009

10.0   PLANNING & ENVIRONMENT REPORTS

ITEM NO:        0.0
FILE NO:        8.3/1/1
DATE:           07 October 2009
TOPIC:          LOCKYER VALLEY REGIONAL COUNCIL GATTON SHIRE
                PLANNING SCHEME PROPOSED FLOOD LEVEL AMENDMENT
AUTHOR:         Doug Smith
AUTHOR’S TITLE: Strategic Planning Officer


Background

Council at the Ordinary Meeting held on 30th September 2009 raised a number of issues
relating to flood levels in the township of Gatton. The main issue of concern was that the level
of 102.3AHD as prescribed in the Dwelling House Code in the Gatton Shire Planning
Scheme did not take into account historical data.

Council contended that the historical level which was submitted by a number of residents at
97.552AHD should be adopted until the flood study, which will be commissioned by Council,
has been finalised.
As a result Council resolved that “That the Lockyer Valley Regional Council acknowledges
they have problems with flood levels that were set from the fact the historical data hasn’t
been taken into account. Historical data has been set, given the fact that Council adopt
97.552 until the flood study is finalised and reassess when flood study documentation be set
subject to legal due diligence…”

Council officers were directed to obtain legal advice to ensure the motion as resolved could
be lawfully applied. Advice has been received from Corrs Chambers Westgrath and a précis
of this advice is outlined below.

Discussion
In response to Council’s resolution, the resolution does not, and could not, change the level
of assessment prescribed for development set out in Council’s Planning Scheme. It is also
not a relevant code against which development is required to be assessed.
Council’s Planning Scheme sets the level of assessment for various types of development.
At present a Dwelling House in the Urban Residential Zone (and many other zones) is self
assessable if it complies with the probable solutions of applicable codes. The Dwelling
House Code is an applicable code for Dwelling Houses which includes a probable solution
stating that all habitable rooms must be above 102.3 AHD in Gatton township. If a proposed
development does not comply with the probable solution it will be code assessable
development.
However, the effect of leaving in place the current provisions is that the use of land for a
dwelling house in north Gatton, and perhaps other areas of the Gatton Township, will be
code assessable development instead of self assessable development if there is a habitable


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                                      EXTRAORDINARY MEETING
                                       OF ORDINARY COUNCIL
                                         MEETING MINUTES
                                          7 OCTOBER 2009

room below 102.3 AHD. This means that the development will need to comply with the
relevant code and, in particular, the performance criteria which requires that an acceptable
level of flood immunity is provided. What is acceptable may depend on a variety of factors
including the size and nature of the population exposed to the flood, availability of evacuation
routes and susceptibility of buildings to flood damage. If there is uncertainty surrounding the
correct 100 year ARI flood level and the characteristics of the flood (e.g., flow depth, flow
velocity, rate of flood level rise and duration of inundation) it may be desirable to have an
opportunity to impose relevant conditions which could only be done if the use is code
assessable.
Moreover, the only viable mechanisms, other than requiring code assessment, which could
be used to address Council’s concern in the present circumstances are to amend the
Planning Scheme or adopt a Temporary Local Planning Instrument (TLPI). Ultimately the
two mechanisms could be used in combination because a TLPI has a life of one year.
The drafting of a TLPI to accommodate the desired result would not be a particularly difficult
exercise. A TLPI must be prepared in accordance with Schedule 2 of IPA and requires
approval from the Minister. A draft TLPI submitted to the Minister must be accompanied by a
Statement of Reasons justifying why the TLPI should be made.

In relation to the flood study Council commissioned an interim flood study to estimate a flood
surface through the Gatton town area for the purposes of development control. The flood
surface was determined from available flood level information from historical floods and
without the use of flood modelling.

A further draft of the interim flood study will be available mid to late October. This version will
contain better and more detailed information to assist Council in determining more accurately
the extent of flood inundation in Gatton Township.

Conclusion

There are a number of mechanisms that Council could consider to address the concerns
raised. Some of these mechanisms are outlined in this report and include:-

   •   Commencing proceedings to prepare a Temporary Local Planning Instrument

   •   Commencing proceedings to prepare a planning scheme amendment.

   •   If a proposed development does not comply with the probable solution make the
       development code assessable development requiring an application to be made to
       council instead of being self assessable. This means that the development will need to
       comply with the relevant code and, in particular, the performance criteria which
       requires that an acceptable level of flood immunity is provided. What is acceptable
       may depend on a variety of factors including the size and nature of the population
       exposed to the flood, availability of evacuation routes and susceptibility of buildings to
       flood damage.




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                                  EXTRAORDINARY MEETING
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                                     MEETING MINUTES
                                      7 OCTOBER 2009

   Council is also required to comply with the State Planning Policy SPP 1/03 mitigate the
   advance impact of Flood, Bushfire and Landslide. Council could consider that the flood
   level determined by the interim flood study complies with the performance criteria as an
   acceptable level of flood immunity and this would also comply with the State Planning
   Policy having had the defined flood event of 1:100 determined by an Engineering study.

ATTACHMENTS
1 Letter 6 Pages


OFFICER'S RECOMMENDATION
That

   1. That based on the preliminary information provided by the consulting engineers
      Council resolve to;
         a) Propose to prepare a Temporary Local Planning Instrument.
         b) Propose to prepare an amendment to the Planning Scheme in relation to flood
            levels for the Gatton Town Area.

   2. That upon receipt of the interim flood study a report be presented to Council
      recommending the adoption of the interim flood study as satisfying the performance
      criteria for an acceptable level of flood immunity complying with the requirements of
      the Planning Scheme and State Planning Policy 1/03.


RESOLUTION:
THAT based on the preliminary information provided by the consulting engineers
Council resolve to;
         a) Propose to prepare a Temporary Local Planning Instrument.
         b) Propose to prepare an amendment to the Planning Scheme in relation to
             flood levels for the Gatton Town Area.
And further;
  upon receipt of the interim flood study a report be presented to Council
  recommending the adoption of the interim flood study as satisfying the
  performance criteria for an acceptable level of flood immunity complying with the
  requirements of the Planning Scheme and State Planning Policy 1/03.
And further;
  Council lobby the State Government via a delegation to the Minister of
  Infrastructure and Planning , in regard to the urgency of the temporary Planning
  Instrument. The delegation to the Minister of Planning & Infrastructure consist of
  the Mayor, Cr Neuendorf, Cr Moon, The Chief Executive Officer or his delegate and
  2 Community representatives.

Moved By:       Cr Neuendorf           Seconded By:                Cr McDonald
                          Resolution Number: 888

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                                 EXTRAORDINARY MEETING
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                                     7 OCTOBER 2009



                                     CARRIED
                                       6/0

THAT Council move into community engagement into this flood issue by asking those
interested to nominate a small number of representatives who will liaise with Council
on a regular basis regarding flooding issues.

Moved By:      Cr Jones                   Seconded By:         Cr Friend
                             Resolution Number: 889

                                     CARRIED
                                       6/0

Where a development application is required to address the specific flood issue
relating to 102.3 metre flood level in the Gatton Town area any extra application fee
normally associated with the flood level component will not be applicable until the
time the temporary planning instrument has been completed or the planning scheme
amended .

Moved By:      Cr Jones                   Seconded By:         Cr McDonald
                             Resolution Number: 890

                                     CARRIED
                                       6/0

THAT the delegation request the Minister for financial assistance equivalent to the
previous flood subsidy on the basis that it was a State requirement to have a flood
level included in the 2007 Gatton Shire Council Planning scheme .

This one specific flood level for Gatton Town was due to the necessity to introduce an
Integrated Planning Act compliant planning scheme under the legislation within a
period set by the Minister and Council did not have sufficient time to prepare a
comprehensive flood study.

Moved By:      Cr Jones                   Seconded By:         Cr Moon
                             Resolution Number: 891

                                     CARRIED
                                       6/0




                                                                               Page 9
Lockyer Valley Regional Council Gatton Shire Planning   Attachment 1
Scheme Proposed Flood Level Amendment                         Letter




Attachment 1                                    0.0         Page 10
Lockyer Valley Regional Council Gatton Shire Planning   Attachment 1
Scheme Proposed Flood Level Amendment                          Letter




Attachment 1                                      0.0        Page 11
Lockyer Valley Regional Council Gatton Shire Planning   Attachment 1
Scheme Proposed Flood Level Amendment                         Letter




Attachment 1                                    0.0         Page 12
Lockyer Valley Regional Council Gatton Shire Planning   Attachment 1
Scheme Proposed Flood Level Amendment                          Letter




Attachment 1                                      0.0        Page 13
Lockyer Valley Regional Council Gatton Shire Planning   Attachment 1
Scheme Proposed Flood Level Amendment                         Letter




Attachment 1                                    0.0         Page 14
Lockyer Valley Regional Council Gatton Shire Planning   Attachment 1
Scheme Proposed Flood Level Amendment                          Letter




Attachment 1                                      0.0        Page 15
                                        EXTRAORDINARY MEETING
                                         OF ORDINARY COUNCIL
                                           MEETING MINUTES
                                            7 OCTOBER 2009

11.0   COMMUNITY SERVICES REPORTS

       No Community Services Reports at time of print run

12.0   TECHNICAL SERVICES REPORTS

       No Technical Services Reports at time of print run

13.0   ENGINEERING OPERATIONS REPORTS

       No Engineering Operations Reports at time of print run

14.0   ITEMS FOR INFORMATION

       No Information Items reports at time of print run

15.0   CORRESPONDENCE

       No Correspondence reports at time of print run

16.0   GENERAL BUSINESS

       No General Business reports at time of print run

17.0   CONFIDENTIAL ITEMS

       No Confidential Items reports at time of print run



There being no further business the meeting closed at 9.50 am



……………………………………………………………
Councillor Steve Jones
Mayor, Lockyer Valley Regional Council


……………………………………………………………
Recorded by
Mr Derek Sellers
Acting Chief Executive Officer




                                                                Page 16

				
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