On 23 February 2023, council will consider an application for a Material Change of Use (MCU) at 7001 Grampian Drive, Deebing Heights.
Council is providing the following facts with regards to the history, public consultation, FAQs and maps to aid the community in understanding the application process to date.
All documents considered by council during the application process are publicly available on development.i under application 17522/2021/PDA.
To view the application please ‘copy’ the above application number and ‘paste’ it into the ‘application search’ bar.
Development.i provides access to past and current application details and basic property information for the Ipswich City Council Local Government area so it is easy to:
- Stay informed about what is happening in your area
- Gather information to help prepare applications
- Make a submission or comment on an application
Development.i can be accessed at https://developmenti.ipswich.qld.gov.au
Approved development seeks change of use for a childcare centre
A development at 7001 Grampian Drive was approved in 2008 to include 181 residential lots, two multiple residential sites, a shopping centre site, new roads, open space and a reserve.
In 2019, the developer who owns the land, AV Jennings, signed a Cultural Heritage Management Plan (CHMP) with the Yuggera Ugarapul People (YUP) covering the majority of the site (7001 Grampian Drive), not just where the proposed child care centre sits.
AV Jennings have advised that the CHMP explains how land use activities can be managed to avoid or minimise harm to Aboriginal or Torres Strait Islander cultural heritage. Cultural heritage and CHMPs are within the responsibility of the State Government and addressed through obligations under the Aboriginal Cultural Heritage Act 2003.
A Material Change of Use (MCU) development application was lodged with council in 2021 for this development to include a childcare centre. This application only refers to the childcare centre. All other development proposed for this site has already been approved and could proceed without further MCU applications.
Council officers have assessed the application for the childcare centre MCU against the Ripley Valley Development Scheme and recommended it to the council for approval. The location of the site is within the Ripley Valley Priority Development Area (PDA).
PDA’s are declared by the Minister for Economic Development Queensland (EDQ) and the Minister has delegated their planning decision making authority to Council. One for the requirements of this delegation is that Council must inform the Minister of any intent to refuse an application.
More than 160 public submissions were made during the development application process, many detailing objections to the application on cultural grounds.
An FAQ on the landholder’s website (AV Jennings) documented that;
There have been claims made on social media that there is an open pit containing bone fragments at Deebing Springs. This “pit” is actually a severely eroded gully that is 3 to 4 metres deep in some areas that runs north -south through the centre of the site.
In October 2022, council’s Growth, Infrastructure and Waste Committee considered the application with the following decision made;
A) That Council inform the Minister that council is considering a refusal for Application No. 17522/2021/PDA and inform Economic Development Queensland (EDQ) and await direction on the matter.
B) That it be noted that council is considering refusal of the application on the basis of cultural heritage issues.
C) That Ipswich City Council write to the Minister for Police and Corrective Services Hon Mark Ryan MP to request that the relevant Queensland Police Service (QPS) report in relation to the investigation of the property the subject of Application No. 17522/2021/PDA be made available for public viewing.
(Resolution C above refers to a report about bone fragments found in the pit mentioned above)
In December 2022, the Executive Director of Planning Services, Economic Development Queensland wrote to council stating the following;
Economic Development Queensland (EDQ) has considered council’s reasons for intending to refuse the application; relating to cultural heritage matters. In considering the reasons provided by council, EDQ consulted with the Department of Seniors, Disability Services and Aboriginal and Torres Strait Islander Partnerships (DSDSATSIP) and reviewed the Queensland Police Service (QPS) Report relating to the investigation surrounding the bone fragments found in proximity to the subject site.
DSDSATSIP reconfirmed their position to EDQ, that cultural heritage matters are addressed through the obligations under the Aboriginal Cultural Heritage Act 2003. This advice was included in the previous approval over the site (ICC ref 7787/2008/MAMC/A and 10157/2018/PDA) and in the draft Decision Notice prepared by council officers. The QPS Report confirmed the results of the analysis of the bone fragments found near the subject site were of non-human origin.
The Queensland Police forensic report, available on the council’s development.i website, concluded some of the bones were most likely pig bones and others were consistent with wallaby bones. Other bony fragments could not be identified due to their fragmented condition.
With the advice provided by the State Government that cultural heritage matters are addressed through obligations under the Aboriginal Cultural Heritage Act 2003, the application was sent to the Growth, Infrastructure and Waste Committee on 9 February 2023.
At this meeting the report was deferred to the Ordinary Council meeting on 23 February where it will be considered.
A map of the site, a synopsis of the application timeline and key FAQs are provided below.
Timeline of application process
- October 2021 – application for a material change of use for one section of the site to include a childcare centre on the north-west corner is lodged with council.
- October 2021 to September 2022 – Council seeks state interest consideration, further information from applicant, public notification and submissions received.
- September 2022 – applicant responds to 162 properly-made public submissions including cultural concerns, heritage concerns, consultation with local First Nations peoples and ecological concerns.
- October 2022 – application goes to council’s Growth, Infrastructure and Waste committee. Council resolves to write to State Government to advise intent of refusal on basis of cultural heritage issues and requesting a copy of the QPS report.
- October 2022 – Council writes to EDQ notifying that council intends to refuse the development based on cultural heritage issues.
- October 2022 – Council writes to QPS seeking a copy of the anthropological case report.
- November 2022 – Queensland Police provide council with a copy of the anthropological case report.
- December 2022 – State Government writes to council noting it has considered council’s reasons for intending to refuse relating to cultural matters. The state government advises cultural heritage matters have been appropriately addressed.
- February 9, 2023 – The development application returns to council’s Growth, Infrastructure and Waste committee and is referred up to full council on 23 February for a decision.
Key FAQs
What is a Cultural Heritage Management Plan?
A Cultural Heritage Management Plan is an agreement developed under Part 7 of the Aboriginal Cultural Heritage Act 2003.
The plan sets out how land can be used while minimising harm to Aboriginal or Torres Strait Islander cultural heritage.
AV Jennings and the Yuggera Ugarapul People (YUP), have been working together to establish the cultural history of the location, identifying artefacts and key conservation elements.
AV Jennings and the YUP developed a Cultural Heritage Management Plan, registered with the state government in 2019. This Cultural Heritage Management Plan is not publicly available.
According to AV Jennings, in 2019, as part of the process a two-week Cultural Heritage survey was undertaken across the entire site, involving specialist archaeologists and consultants, funded by AV Jennings.
The survey was used to develop a Cultural Heritage Survey Report, which was reviewed and used to develop a Mitigation Plan, supported by the YUP.
Under the Mitigation Plan, a further week of archaeological testing was done to investigate further, after which the YUP confirmed a satisfactory result and no further sub surface monitoring.
After the survey and mitigation plan was complete, the YUP confirmed no further sub-surface monitoring was needed in the Cultural Heritage Management Plan area, meaning AV Jennings has consent from the Registered Aboriginal Party to commence work in the Cultural Heritage Management Plan area.
What is a PDA?
Priority Development Areas (PDAs) are parcels of land within Queensland identified for development to deliver significant benefits to the community.
The Minister for Economic Development Queensland (EDQ) may declare a PDA under the Economic Development Act 2012.
When a PDA is declared, Economic Development Queensland works closely with local government and other stakeholders to plan, assess and guide development within a PDA. This includes the preparation of a development scheme.
The Minister has delegated their planning decision making authority to Council. One for the requirements of this delegation is that Council must inform the Minister of any intent to refuse an application.
What else has council done to understand the issues raised throughout the consideration process?
Following the Growth Infrastructure and Waste Committee meeting in October 2022, council (Councillors and officers) held separate meetings with the landholders, the Yuggera Ugarapul People (YUP) and the Jarjumbah Protection Site Group.
The purpose of these meetings was to listen carefully to issues and concerns raised by each of the groups. The meetings were very helpful in better understanding the views and concerns of each group.
When will council next consider the development application?
The childcare centre application will be considered at the Ordinary Council Meeting on February 23, 2023.
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