The 4410 meeting of the Brisbane City Council, held at City Hall, Brisbane on Tuesday 30 July 2013 at 2pm



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MINUTES OF PROCEEDINGS


The 4410 meeting of the Brisbane City Council,

held at City Hall, Brisbane

on Tuesday 30 July 2013

at 2pm



Prepared by:

Council and Committees Support

Chief Executive’s Office

Office of the Lord Mayor and the Chief Executive Officer
TABLE OF CONTENTS


The 4410 meeting of the Brisbane City Council, 1

held at City Hall, Brisbane 1

on Tuesday 30 July 2013 1

at 2pm 1

MINUTES OF PROCEEDINGS i

PRESENT: 1

MINUTES OF PROCEEDINGS 1

OPENING OF MEETING: 1

APOLOGIES: 1

MINUTES: 1

PUBLIC PARTICIPATION: 2

QUESTION TIME: 6

NOTATION OF DECISIONS OF THE ESTABLISHMENT AND COORDINATION COMMITTEE AS DELEGATE OF THE COUNCIL: 15

ESTABLISHMENT AND COORDINATION COMMITTEE (Information report) 15

ESTABLISHMENT AND COORDINATION COMMITTEE (Adoption report) 33

CONSIDERATION OF RECOMMENDATIONS OF THE ESTABLISHMENT AND COORDINATION COMMITTEE: 46

ESTABLISHMENT AND COORDINATION COMMITTEE (Report of 29 July 2013) 46

NOTATION OF DECISIONS OF THE ESTABLISHMENT AND COORDINATION COMMITTEE AS DELEGATE OF THE COUNCIL: 89

PUBLIC AND ACTIVE TRANSPORT COMMITTEE 89

PRESENTATION OF PETITIONS: 100

GENERAL BUSINESS: 102

QUESTIONS OF WHICH DUE NOTICE HAS BEEN GIVEN: 104

ANSWERS TO QUESTIONS OF WHICH DUE NOTICE HAS BEEN GIVEN: 105



PRESENT:

The Right Honourable the LORD MAYOR (Councillor Graham QUIRK) – LNP

Angela OWEN-TAYLOR (Parkinson) (Acting Chairman of Council)LNP


LNP Councillors (and Wards)

ALP Councillors (and Wards)

Krista ADAMS (Wishart)

Matthew BOURKE (Jamboree)

Amanda COOPER (Bracken Ridge)

Vicki HOWARD (Central)

Steven HUANG (Macgregor)

Fiona KING (Marchant)

Geraldine KNAPP (The Gap)

Kim MARX (Karawatha)

Peter MATIC (Toowong)

Ian McKENZIE (Holland Park)

David McLACHLAN (Hamilton)

Ryan MURPHY (Doboy)

Adrian SCHRINNER (Chandler) (Deputy Mayor)

Julian SIMMONDS (Walter Taylor)

Norm WYNDHAM (McDowall)

Andrew WINES (Enoggera)



Milton DICK (Richlands) (The Leader of the Opposition)

Helen ABRAHAMS (The Gabba) (Deputy Leader of the Opposition)

Peter CUMMING (Wynnum Manly)

Kim FLESSER (Northgate)

Steve GRIFFITHS (Moorooka)

Victoria NEWTON (Deagon)




Independent Councillor (and Ward)

Nicole JOHNSTON (Tennyson)




OPENING OF MEETING:

The Acting Chairman, Councillor Angela OWEN-TAYLOR, opened the meeting with prayer, and then proceeded with the business set out in the Agenda.



APOLOGIES:

1/2013-14

An apology was submitted on behalf of Councillor Margaret de WIT, and she was granted a leave of absence from the meeting on the motion of Councillor Ryan MURPHY, seconded by Councillor Kim MARX.

2/2013-14

A further apology was submitted on behalf of Councillor Shayne SUTTON, and she was granted leave of absence from all meetings of Council from 30 July to 3 September 2013, inclusive, on the motion of Councillor Victoria NEWTON, seconded by Councillor Kim FLESSER



MINUTES:


3/2013-14

The Minutes of the 4407 (ordinary) meeting held on 11 July 2013, the 4408 (Budget) meeting held on 12 July 2013 and the 4409 (Special) meeting held on 20 June 2013, copies of which had been forwarded to each councillor, were presented, taken as read and confirmed on the motion of Councillor Ryan MURPHY, seconded by Councillor Kim MARX.

Councillor JOHNSTON: Point of order, Madam Chairman.

Acting Chairman: Point of order, Councillor JOHNSTON.

Councillor JOHNSTON: Just before we commence today, in case you need to seek some advice, we received an attachment today outlining the documents that are commercial in confidence for today's Council meeting, and I refer to attachment that is marked Commercial in Confidence. That outlines a table which lists all the documents that Council has indicated are commercial in confidence for the purposes of today's meeting. Can you confirm that that is the list of documents that is commercial in confidence, and if there are any other documents that we haven't been advised about? I am just confirming that that is the list of documents that is commercial in confidence.

Acting Chairman: Councillor JOHNSTON, I can confirm for you that the items that are commercial in confidence have been marked on the relevant files which have been available for viewing since Friday, through the Clerks. The actual items that are commercial in confidence were shaded in green on those documents and they are the items in particular that cannot be referred to during open session of Council.


PUBLIC PARTICIPATION:



Mr Christopher Taylor - Proposed development of a Bunnings Warehouse at 481 Settlement Road, Keperra
Acting Chairman: I would now like to call on Mr Christopher Taylor who will address the Chamber on concerns surrounding the proposed development of a Bunnings Warehouse at 481 Settlement Road, Keperra. Orderly, please show

Mr Taylor in.

You can sit or stand, whichever is most comfortable. Please proceed, Mr Taylor, you have five minutes.

Mr Christopher Taylor: Madam Chair, LORD MAYOR, and Councillors; thank you for the opportunity to make this address today. I am here today to convey the concerns of a number of local residents to the development application by Bunnings from May of this year to build one of its largest ever stores on the quarry on Settlement Road in Keperra, a site which is next to an established residential area and which is on the edge of Brisbane's green wedge of protected bushland and national park.

The objection to the current application is not limited to the 112 residents who have made formal submissions, it extends to hundreds and hundreds of people who have signed a petition expressing their concern as well as those who have reached out to their local Councillors and put signs and banners up in front of their homes. The concerns of residents are compelling, so much so that they have resulted in local Councillors who were initially indifferent to the proposal now writing to their constituents to express their concerns. They have also resulted in Campbell Newman, the State member for Ashgrove, writing directly to the LORD MAYOR with his concerns.

I would like to bring two of the key concerns regarding the current application to Council's attention. I would also like to address some concerns regarding an application over the site from 2007. In terms of the key concerns, the first is zoning and City Plan compliance. The proposed development conflicts extensively with the planning scheme. It conflicts with the current extractive industry and rural zoning for the site. It constitutes out of centre development in the absence of overwhelming community need, and it conflicts with the specific intent for the site identified in the Enoggera District Local Plan which only contemplated low density residential development and the potential for small scale non-residential development providing local services.

The Bunnings Warehouse proposed for this site would be the largest hardware store by footprint area in Australia, having a frontage length nearly two times the length of the playing field of Suncorp Stadium. Councillors, the proposed development is not small scale.

The second concern is traffic. Just like the Bunnings Warehouse in nearby Stafford, the traffic impact of this development will be significant. But unlike most Bunnings stores which are located on arterial roads near freeways, this store is proposed on Settlement Road, a suburban route which runs right past a significant number of homes and primary schools. Traffic generated by this development is expected to increase by approximately 15 to 60 per cent during peak periods. The current organic traffic growth on this road is only 1½ per cent per annum.

Council should be concerned that adding this much traffic will bring forward the June 2026 upgrade date for Settlement Road identified in the Priority Infrastructure Plan. Upgrading this road through the Keperra Pass may cost as much as $30 to $50 million, considerably more than the $6 million of infrastructure charges which could be collected from Bunnings. I would expect that Brisbane ratepayers would not be happy to subsidise the impacts of private development.

In terms of the 2007 approval, respected Town Planner John Venn stated that the application by Bunnings is confusing by intent, represents a piecemeal approach to development which is not supported by adequate or appropriate information or justification. Some representatives from Council have pointed to the fact that there is already an approval for development on this site from 2007. While this is true, the existing approval was not only for a development of a slightly different nature, it should also have expired on 13 September 2011.

An application to extend this approval was filed on 3 August 2011, but a decision was not made during the prescribed 30 business day period, and still has not been made nearly two years later—an unreasonable period of time which resulted in the 2007 approval being artificially extended well beyond its expiry date, as approvals do not lapse until a decision is made, under section 390 of the Sustainable Planning Act.

Time limitations are imposed on development approvals because community sentiment and town planning laws change over time, and development approvals should not be permitted to continue indefinitely in spite of these changes. Council has also stated in correspondence that infrastructure charges would need to be paid by the applicant in order to proceed with their application. I query what relevance these payments have in light of section 388 of the Sustainable Planning Act which limits what can be considered in deciding an extension request to consistency with town planning laws applying at that time.

Council is also considering a separate application by Bunnings made in September last year, just three weeks after the Masters Hardware Store was approved in Everton Park, to make a permissible change to the 2007 approval without public consultation. The plans for this permissible change request are identical to the ones submitted in the new development application I mentioned earlier.

Despite the fact that the change could not constitute a permissible change because it would result in a substantially different development, and would be likely to give rise to objections, given the fact that objections have been made on identical plans in the new application, Council has still not rejected this permissible change application. I believe that allowing a dual track approach to development undermines the community's confidence in the town planning process.

Local residents are not opposed to a development on this site, so long as it adheres to town planning laws and does not unreasonably impact the lifestyle and amenity of the surrounding area. The development currently proposed for this site does not meet either of these requirements. Thank you very much for your time, Councillors.

Acting Chairman: Thank you, Mr Taylor.
Response by Councillor Amanda COOPER, Chairman of the Neighbourhood Planning and Development Assessment Committee
Acting Chairman: Councillor COOPER, would you care to respond, please?

Councillor COOPER: Thank you very much to the Acting Chair, and thank you very much to Mr Taylor for coming in and speaking to Council. Certainly it is a good opportunity for you to have your say, and certainly to convey your passion for your local community. In relation to this application, it is important to note this is an application which is currently being assessed by Council. It was lodged with us on 1 May this year by Bunnings. I have actually been informed that they are not the landowner but rather Brookfield Multiplex owns the land and it is Bunnings who have lodged an application as they are entitled to do.

This is an impact assessable application, as you know. It went out for public notification from 4 June to 26 June, and I believe that you actually have a photograph of the public notification board that was placed on the site in accordance with the Sustainable Planning Act. Officers have advised me that there are 116 valid submissions. I think there were a couple that were actually received after the public notification period closed, and Council officers I believe actually contacted them to let them know and asked them if they wanted their submissions to be made valid because there was potentially an issue as to whether that met the correct timeframe or not.

So, Mr Taylor, I understand you are a formal submitter to the application, and of course consequently it is probably not appropriate for me to make much further comment, other than to say Council is going through the process right now. There has been no decision made about this application, and there are significant issues that need to be dealt with before Council is able to make a final decision.

You particularly have flagged some concerns relating to assessment of local flora and fauna, and I note that those have been conveyed on to the assessment team for them to deal with. But it is important to note the site itself is actually often referred to as the old Keperra Quarry, so those of us who are familiar with this side of town, it has been unused for some time now. It sits right next to the Great Western Shopping Centre with Settlement Road running along the front of that quarry site. I have actually been on the quarry site, had a look at it, and there have been quite a bit of increased production of extraction of materials from that site in order to facilitate some future development opportunities.

I note you raised a point about gross floor area (GFA). There is, as you noted already, an approval that has been made over this site, and that was for identical gross floor area, so the gross floor area for a four-building approval has been changed, but the total amount of gross floor area remains constant. That is something that is important to know. I think it is just under 26,000 square metres. I think it is actually 25,320 square metres, as the officers have indicated to me.

This was an application which was assessed during that split period of Council when there was an Administration that was controlled by the Australian Labour Party, and I note that Councillor Hinchliffe was the Planning Chair at the time.


Councillor interjecting.

Acting Chairman: Councillor DICK!

Councillor COOPER: He presented that application, and he noted—and we have got minutes there to reflect there had been very careful consideration of the application by officers, and that was endorsed both by Councillor Hinchliffe, and I believe he conveyed there was support from his team at that time.

So, Madam Chair, it is important that we have had Mr Taylor in here to convey his concerns. They are very legitimate concerns, and they will be carefully assessed by the Council officers in making a decision for this site. But it is important to note that we have not made a decision at this time. I thank you for coming in here this afternoon.

Acting Chairman: Thank you, Councillor COOPER, and thank you, Mr Taylor, for coming in today.




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