From: Jo
Sent: Tuesday, 23 January 2018 10:30 AM
To: Council list
Cc: kur-world@coordinatorgeneral.qld.gov.au
Subject: BOOM! We have a high-density subdivision (x2)…
From: Brian Millard
Sent: Tuesday, 23 January 2018
To: Jo
Cc: Council list, kur-world@coordinatorgeneral.qld.gov.au
Subject: BOOM! We have a high-density subdivision (x2)…
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Hi Jo,
Please stop making inaccurate public posts.
Council’s delegations apply to reconfiguring a lot applications up to 10 lots only. Applications for 11 or more lots have to be decided by the full Council.
Regards
Brian Millard
Senior Planner
From: Jo
Sent: Tuesday, 23 January 2018
To: Brian Millard
Cc: Council list, kur-world@coordinatorgeneral.qld.gov.au
Subject: BOOM! We have a high-density subdivision (x2)…
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Hi Brian,
Excellent error on my part!
Can you please send me the website link with the ‘Council’s delegations’ so I can post that also – for people to look at. It will no doubt help others in our community understand the process that many of us are unfamiliar with – as you can see :- )
I have posted your correction on the facebook post.
Thanks.
Kind regards,
jo
From: Peter Franks CEO
Sent: Tuesday, 25 January 2018
To: Jo
Cc: Council list, kur-world@coordinatorgeneral.qld.gov.au
Subject: BOOM! We have a high-density subdivision (x2)…
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Dear Jo
Thank you for your email to the Council. In response I provide the following information.
Two applications for rural residential subdivisions in the Myola valley have been lodged with Council.
These applications are classified as Code assessable applications, as they meet the criteria as such in the Planning Scheme they are to be assessed under.
Assessment of these applications will occur over the coming months and once complete, will be put before the Council at a full Council Meeting for consideration.
As required by law the assessment of the applications, and the final decision, will be made purely on the provisions of the Planning Scheme.
While such an assessment is being undertaken neither Council or Councillors can make any comment. To make any comment is not only improper but would give grounds for a successful appeal in the Planning Court.
Any perception that these applications have been approved by Council is incorrect. Council will only decide whether to approve or reject them once a detailed assessment has been made and this will take a considerable period of time.
In terms of State legislation, any property owner is allowed to lodge an application to undertake any activity on their property irrespective of its appropriateness. Council is legally bound to accept it and assess it against the Planning Scheme and then make a decision if it should be approved or not. Approval will only be granted if the application meets the requirements of the Planning Scheme or be appropriately conditioned. Council decisions are appealable and the Court will only consider evidence that pertains to the relevant Planning Instruments.
A property owner is legally entitled to lodge multiple and simultaneous applications over the same property.
Any application has to be assessed on its own merits and the fact they have other applications or approvals, or the previous conduct of an applicant cannot be taken into account when assessing a lodged application.
Council is well aware of the community sentiment with regard to this property and its owner.
Council will always act strictly in accordance with the law.
regards
Peter Franks
Chief Executive Officer
From: Jo
Sent: Tuesday, 25 January 2018
To: Peter Franks CEO
Cc: Council list, kur-world@coordinatorgeneral.qld.gov.au
Subject: BOOM! We have a high-density subdivision (x2)…
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Hi Peter,
Thank you for taking to time to explain these new Kuranda / Myola Valley subdivisions and how they relate to council, councillors and the 2004 superceded planning scheme – and your anticipated timing on the decision. At least we can all breath for a moment in the panic since Monday just gone when the DAs were posted on the website and we found them (after checking all weekend of course – knowing they had to be submitted before 19 Jan).
I have posted your response to our community Facebook pages, for others to share the information so we’re all up to date and on the same page. Of course, so many community comments coming through about ‘what can I do to stop this?’ – but I guess we were expecting this :- )
I will send a separate email request regarding ‘community engagement’ via the ‘Department of Infrastructure, Local Government and Planning – Community engagement toolkit for planning’ that our groups have been looking at https://dilgpprd.blob.core.windows.net/general/Communityengagementtoolkit.pdf
To help me clarify some of your responses for our community, the following questions please…
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P1. Can you please advise who the ‘assessment manager’ and ‘referral agencies’ will be for both Myola subdivisions?
“Although the community has no formal rights to make submissions or appeal approvals of developments that are not impact assessable, an informal submission can be made to the relevant assessment manager and referral agencies. Although this does not give any rights to appeal the decision, it at least makes it possible for the public’s views to be considered.”
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Cassowary in Kuranda Region: Jax Bergersen, Kuranda Conservation Community Nursery
https://youtu.be/8Z5S2WYe5D4?t=21m2s
What will intensifying development in Kuranda Region mean for the current population of cassowary that live here?
“If it’s development as we’ve always done it. It means the end of the line.”
“One of the things that’s got to change in our town planning is this ten year rule that there was something that was okay ten years ago and if you get in by the 31 July – you can still do that.”
“No. The reason that the plan had changed ten years ago – and you can’t do it anymore – is because it’s no longer appropriate. That we’ve woken up to ourselves. That we can’t do this anymore.”
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P2. Peter Franks, in your position as Chief Executive Officer, can you please explain to us in simple language who your ‘Shareholders’ are?
Two suggestions for rewording this particular sentence – from your reply.
Peter Franks MSC CEO: “Council is well aware of the community sentiment with regard to this property and its owner.”
Community Suggestion 1: “Council is well aware of the community sentiment with regard to this property and considering our paid positions as representatives of said community we will listen carefully and base our decision on what the community we represent is shouting at us because we are intelligent and considerate representatives so rest easy because we would never approve such a disastrous and destructive proposal.”
Community Suggestion 2: “Council is well aware of the community sentiment with regard to this property and its owner’s intention to urbanise the Myola Valley, against good science (JCU Professor Bill Laurance video) and overwhelming community sentiment for the Barnwell Estate to remain RURAL, as purchased in Jan 2014 by Ken Lee (2 May 2017 Barnwell Estate, 626ha of Kuranda mortgaged to KA HOU LOI).”
Furthermore, I am aware that the community finds Ken Lee’s (and employed contractor’s) illegal and destructive environmental behaviour to date appalling, and council’s lack of ‘duty of care’ for mapped Federally listed endangered species inexcusable.”
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P3. Legal advice – King and Company Solicitors Brisbane (http://www.kingandcompany.com.au) provided the council with advice to accept these applications back in July 2016.
We would like to nominate a portion of our council rates to be spent on a second legal opinion on this matter. Instead of clearing more forest and spending more of our rates and tax money for new roads and water infrastructure in Kuranda that we don’t need (chopping up the cassowary corridor further) we would prefer council engages an alternative lawyer to help us fight these developments – and the ones that will follow – until the planning scheme holes are figured out – as Jax’s video points out.
We recommend http://www.paelaw.com/our-people/michael-neal/
Example: Your doctor tells you the best treatment for your testicular cancer, in his expert opinion, is to cut your testicles off. Do you get a second opinion – or not ?
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P4. Regarding your sentence: “Council will always act strictly in accordance with the law.”
Can you please explain to us how Brian Millard (MSC Senior Planner), in his reply to William Brim (Bulwai Cultural Custodian 12 Dec 2016 – link below), can say that major earthworks (3 sites) which were *physically built under the 2004 Planning Scheme in December 2015 could then retrospectively be approved post 1 July 2016 – delay of six (6) months – so that it was ‘within the Rural zone’ under the new 2016 Planning Scheme?
This is obviously very confusing when different laws apply at different times? If you could explain further that would help.
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Thanks for your time in replying to the 4 Points above.
Kind regards,
jo
Ps. For tomorrow, happy Australia Day / sad Invasion Day (depending on your narrative). Maybe we can start the conversation on this in our own Shire for next year – see below – to figure out reconciliation in our own backyard. Plenty of work to do on this locally – to respectfully make our amends to our First Nations People, the Rainforest Bama (the oldest continuous living culture on Earth).
http://www.abc.net.au/news/2017-08-21/darebin-council-decision-on-australia-day-ceremonies/8828198
http://www.abc.net.au/news/2017-08-15/melbourne-council-votes-to-ban-references-to-australia-day/8810286
http://www.theage.com.au/victoria/more-councils-eye-changing-the-date-of-australia-day-after-yarra-council-push-20170816-gxxu8p.html
From: Peter Franks CEO
Sent: 31 January 2018
To: Jo
Cc: Council list, kur-world@coordinatorgeneral.qld.gov.au
Subject: BOOM! We have a high-density subdivision (x2)…
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Dear Jo
I can provide the following in response to your 4 questions.
- Can you please advise who the ‘assessment manager’ and ‘referral agencies’ will be for both Myola subdivisions?
Council is the assessment manager and at this stage the anticipated referral agencies will be Dept. of Transport and Main Roads and Dept. of Natural Resources and Mines for RAL/18/0002 and the Dept. of Natural Resources and Mines for RAL/18/0001. It is noted that the applicant does not agree that the Dept. of Natural Resources and Mines is a referral agency for either application and Council has sought advice in this regard from the State Assessment and Referral Agency (SARA). Once SARA has responded, Council will issue a confirmation notice for each application.
- Peter Franks, in your position as Chief Executive Officer, can you please explain to us in simple language who your ‘Shareholders’ are?
Council does not have “Shareholders”. Only companies have shareholders and the term “shareholder” is laymen’s term for a “member” which is the correct term for person (entity) that has rights (ownership) of a company per the Corporations Act 2001.
Councils exist because of State legislation and how they are governed and operate is dictated by numerous pieces of State legislation. The Councillors are elected by the residents of the Local Government area, in the same way State and Federal members are elected. Their role is to make decisions and govern the Local Government area in the best interests of the community at large, strictly within the legislation that they are required to operate under.
There are numerous “Stakeholders”, these include , Residents, Ratepayers, Business owners and operators, investors, visitors, and the State Government. While these stakeholders often have very different agendas and Council’s role is to make decisions that are in the best long term interests of the Shire and its community and that are made in accordance with the legal instruments in force at the time.
With regard to your proposed rewording of my statement, these suggestions are inappropriate. As I said, “Council is well aware of the community sentiment with regard to this property and its owner.” As I explained in my previous email Council cannot make any determination or comment about a matter it is required to make a decision on. The Councillors were elected by the residents to make decisions on behalf of the community as a whole. While they certainly take the views of the community members into account when considering a matter they are also guided and often constrained by the legislation they have to work under. One of their responsibilities is to ensure that the rights of an individual are upheld even when there is a very vocal group who disagree with what the individual wishes to do.
You can liken Councils role to that of a Magistrate, until all the facts are put before her/him and they make a determination they cannot and should not make any comment or express a particular view on the matter. So while there is a portion of the community who would like Council to openly support their point of view this simply cannot happen and in fact would be counterproductive.
So yes, Council is aware of community sentiment with regard to this and the fact that there are a number of people who are virulently and very vocally opposed to any development on these properties. However Council is obliged to treat this matter and all parties involved fairly and strictly according to the law.
- Legal advice – King and Company Solicitors Brisbane
Council sought legal advice from this very reputable firm of solicitors, who specialise in local government matters, to confirm Councils interpretation of the legislation. We do not shop around for advice that suits one particular view or another and should they have indicated that our interpretation was incorrect we would have accepted that as well. We seek independent and specialist advice and act upon it accordingly.
Council will always act within the law and will uphold its obligation to ensure that everyone’s legal rights are upheld. That way once Council has made its decision it will have the confidence to defend the matter in a Court and with the community. We certainly do not engage solicitors to abrogate an individual’s rights just because we or certain members of the community do not like the fact that they are exercising them.
- Regarding your sentence: “Council will always act strictly in accordance with the law.”
In the response to Mr Brim, Council does not say that earthworks were retrospectively approved. The response states that under the Mareeba Shire Council Planning Scheme 2016 (which commenced on 1 July 2016), earthworks of 1,000m3 or less are exempt development in the Rural zone. Exempt development does not require approval from Council.
So while the works were purportedly undertaken prior to the new planning scheme coming into force, when Council was made aware of the fact that they had been undertaken, they were permissible. Council, or any law enforcement agency, is not going to prosecute someone for committing a historical “offence” which is now legal.
regards
Peter Franks
Chief Executive Officer